Senate Transcript, May 5, 2011

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

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

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

SENATOR CRAIG ESTES: Thank you, Mr. President and members. Members, today it is my honor to introduce our pastor of the day Reverend Joshua Richards. Reverend Joshua Richards is a native of the great state of Texas and he was born on July 4th, 1976. He's been in ministry for ten years and is the senior pastor of Corner Stone Community Church in Spring Town, Texas. He's active in his community serving on the Spring Town War Memorial Board, Spring Town Chamber of Commerce board and volunteers with his local food pantry. He loves God, his family, his state and his country and he's been married to his beautiful wife Karen for 14 years and is the proud father of three children. Please join me in welcoming Reverend Joshua Richards to the Texas Senate.

SENATOR STEVE OGDEN: All on the floor and in the gallery please rise for the invocation to be delivered by Pastor Josh Richards, the Corner Stone Church of Spring Town.

PASTOR: Dear heavenly Father, today is the national day of prayer, and all over the country today prayer will go up for our country and leaders. This morning I pray for Texas. I pray for the men and women that are in authority over our state. I pray for all of those that work for them, for the military that are stationed here, and for our sons and daughters that are stationed all over the globe. I am proud to be from Texas, and I pray that as we are gathered here, You will help us. We face difficult times. There are decisions that have to be made that are challenging. Those decisions will affect the very lives of those we hold dear. I pray that You continue to give all the men and women here the courage and fortitude to accomplish all they have to do for the heritage of our great state to continue. I thank You, Father, for the opportunity to be here this morning; I am honored to be among these great leaders. Bless them for their willingness to serve our state. May they always remain true to that calling. Father, You know the needs that are here today, in our personal lives as well as our state. I pray that You will meet them all. Give wisdom to those who seek Your guidance and may we always live in a free nation and always be proud of Texas. Thank You for the men and women here and for their service to all that call Texas home. May You make Your face shine upon them and be gracious to them and give them peace. In Your holy name we pray. Amen.

SENATOR STEVE OGDEN: Thank you, Pastor. You may be seated in the gallery. Members, Senator Whitmire moves to dispense with the reading of yesterday's journal. Is there objection? The Chair hears no objection from any member, so ordered. Mr. Doorkeeper.

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

SENATOR STEVE OGDEN: Admit the messenger.

MESSENGER: Mr. President, I'm directed by the House to inform the Senate that the House has taken the following actions, the House has passed the following measures HB8 by Darby relating to prohibiting certain --

SENATOR STEVE OGDEN: Thank you.

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

SENATOR CRAIG ESTES: Thank you, Mr. President and members. Members, I would like to have your attention. We have two special young ladies on the floor today. They're standing right here. Yes, they are standing and by their physique you can tell they are gymnasts. First of all in the white dress is Rylie Barrios, she is the daughter of my chief of staff Noy Barrios. Rylie competes in level eight of the state champion gymnastics all around competition, balance beam, floor exercises and took second in the uneven bars. She recently competed in the regional competition against others in Texas and six additional states. Oklahoma, Alaska, Wyoming, Kansas, Colorado. There Rylie was the regional floor champion. She's an 8th grader at Bailey Middle School in Austin and she earns high grades and received a commended status on her test results. The other young lady we have with us in the pink sweater is Gabby Aguilar, and she is a level eight regional bars and beam champion and finished third all around. Gabby is an 8th grader at St. Austin Square in Austin here where she is an A student. Members, these girls practice and train over 20 hours a week. They travel around our state and country to attend gymnastics competition and still manage to excel at their school and be great students. Members, please welcome these future Olympians to the Texas Senate.

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

SENATOR MIKE JACKSON: Thank you, Mr. President and members. It's my pleasure today to introduce our doctor of the day, Dr. PJ Mock and also his wife is here with us Pat Mock. Dr. Mock attended UT Medical Branch in Galveston, did his internship at Brackenridge Hospital here in Austin and currently runs his own private practice in La Porte. Dr. Mock served as a medical officer in the U.S. Navy, he's a member of a number of prestigious medical organizations such as the American Academy of Family Physicians, the American Medical Association and Texas Medical Association. He was named physician of the year by the Harris County chapter of Texas Academy of Family Physicians in 1999. Members, please help me welcome Dr. PJ Mock as our doctor of the day and his wife Pat. Thank you for being here.

LT. GOVERNOR DAVID DEWHURST: Members, the Chair lays out Senate Resolution No. 915 by Senator Lucio. Secretary will read the resolution.

PATSY SPAW: Senate Resolution 915: WHEREAS, The Senate of the State of Texas takes pleasure in recognizing the Texas Alcoholic Beverage Commission on the occasion of its 75th anniversary, which occurred November 18, 2010; and WHEREAS, The Texas Alcoholic Beverage Commission was first established as the Texas Liquor Control Board in 1935 after voters ratified an amendment repealing state prohibition; on November 18, 1935, the board held its first meeting in the governor's reception room of the State Capitol; and WHEREAS, On January 1, 1970, the Texas Liquor Control Board was renamed the Texas Alcoholic Beverage Commission; today, it regulates more than 40,000 licensed businesses in Texas; it also encourages partnerships between the community and the alcoholic beverage industry and promotes education and voluntary compliance with the law with the goal of achieving responsible alcohol consumption and a safe Texas; and WHEREAS, The 75th anniversary of the Texas Alcoholic Beverage Commission is truly an occasion worthy of celebration; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 82nd Legislature, hereby commend the employees and members of the Texas Alcoholic Beverage Commission for their valuable work on behalf of the citizens of Texas and extend congratulations to all on the commission's 75th anniversary; and, be it further RESOLVED, That a copy of this Resolution be prepared as an expression of esteem from the Texas Senate. By Lucio.

LT. GOVERNOR DAVID DEWHURST: Thank you, Madam Secretary. The Chair recognizes Senator Lucio on the resolution.

SENATOR EDDIE LUCIO: Thank you very much Mr. President and members. We are so fortunate in Texas to have men and women, the very best men and women anywhere in the country serving our state as public servants. And I'm very proud to be sponsoring Senate Resolution 915 honoring the Texas Alcohol Beverage Commission because I am proud of the work the commission does and I've seen firsthand what they've done for so many years, even more so than the numbers of years I've served here as a state legislator and what an appropriate day to be celebrating the 75th anniversary with it being Cinco de Mayo today. Since 1935 the Texas Alcohol and Beverage Commission has worked diligently to keep Texan drinking safety and responsibility overseeing 40,000 licensed businesses throughout the state. A great example of their good work are the border port of entry operations TABC, staff at our international bridges and I've visited with them many times. By regulating importation, they protect local businesses in Texas and prevent minors from important -- drinking responsibly and important alcohol. They just keep them away from alcohol. That is noble work in my opinion. Today we are joined on the floor by Joel Moreno, a very dear friend, who is TABC chief of field operations, Sherry Cook, TABC assistant administrator, Earl Pierson, TABC chief of staff, Carolyn Beck, director of communication and governmental relations and of course a very good friend of all of us Allen Stein, administrator of TABC. I would also like to direct your attention, members, to the west side of the gallery, the west gallery and ask that the additional members of TABC please rise and be recognized. Members, please join me in welcoming them to the Texas Senate as I move adoption of Senate Resolution 915. Thank you very much for your service.

LT. GOVERNOR DAVID DEWHURST: Senator Van de Putte is recognized on the resolution.

SENATOR LETICIA VAN DE PUTTE: Thank you, Mr. President. Thank you, Senator Lucio. And I am proud to stand today and acknowledge the good work of the Texas Alcoholic Beverage Commission and I wanted to add especially that very few Texans know the amount of work that the commission has done with regard to combating human trafficking. It is the good work of the commission that outlines some of the establishments that have those permits and they know the diagrams, they work with local law enforcement and it is because of the cooperation of the commission that we have been successful in shutting down and capturing those who would prey in this terrible crime of modern day slavery. My thanks to the commission for the last six and a half years' work to combat human trafficking. You are to be commended.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Members, you heard the motion by Senator Lucio. Is there objection from any member? The Chair hears no objection, the resolution is adopted. I'm sorry, Senator Hinojosa.

SENATOR JUAN HINOJOSA: Mr. President, I too would like to share a few remarks of my experiences with the TABC.

LT. GOVERNOR DAVID DEWHURST: You're recognized.

SENATOR JUAN HINOJOSA: And I have to tell you especially very responsive Commissioner Allen Steen Chief Joe Morales, it's just that every time we have issues dealing with alcohol, right away they get on top of the problem, if we have issues in terms of this community right away they get on top of the problem. This is one of those agencies, state agencies, that ought to be an example to other state agencies that when there are issues that come up in our community, the response is very quick and they're very open. And to me it's very important because they provide a great service in the way they regulate alcohol in our state in trying to keep the public safe. So I just want to thank them for the good work in the state of Texas.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Members, you heard the motion by Senator Lucio. Is there objection from any member? The Chair hears no objection, and the resolution is adopted. The Chair lays out the following resolution. Senate Resolution No. 831 by Senator Van de Putte. The secretary will read the resolution.

PATSY SPAW: Senate Resolution 831 designating May 21st through the 27th, 2011, as National Safe Boating Week in Texas by Van de Putte.

LT. GOVERNOR DAVID DEWHURST: Thank you, Madam Secretary. The Chair recognizes Senator Van de Putte on the resolution.

SENATOR LETICIA VAN DE PUTTE: Thank you, Mr. President and members. This resolution which I am very proud to offer commends the goals of the North American Safe Boating Campaign and recognizing this week as safe boating week in Texas and although many boaters stow life jackets on their boats, we know that when folks are having fun in our districts in many waterways they sometimes choose not to wear them. Unfortunately each year 700 people die in boating related accidents. Nearly 70 percent of those are caused by drowning. Much like a helmet for a biker or a skate border, life jackets are an essential part of the boating safety equipment and really should be worn at all times on the water and particularly with our children. Wearing a life jacket also allows us to be safe in case of an accident and the ability to assist others that may be in danger. The men and women that are on the floor today, I would like to introduce them are members, as you can tell, of our Coast Guard, Coast Guard Auxillary and our just wonderful members that their training is about safe boating and about rescue and everything that we can do on education and awareness. We have Lou Manganiello who is the commander of Flotella 74 from the coastal region; Gary Trede who is the state officer and Flotella 74; my good friend from San Antonio Frank Dannenburg, Junior who is the state office for public affairs for the coastal region; and Mike Vandermate who's the chief of staff. And we're pleased to have Mike's wife Sharon Vandermate who is a member of the U.S. Coast Guard Auxiliary. I close with the boating safety campaign slogan, boat smart, boat safe, wear it. Members, I move adoption of Senate Resolution 831.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Van de Putte. Members, you heard the motion by Senator Van de Putte, is there objection from any member? The Chair hears no objection and the resolution is adopted. The Chair recognizes Senator Lucio for some comments on the importance of today Cinco de Mayo.

SENATOR EDDIE LUCIO: Thank you, Mr. President. Members I hope that all of you would join me in recognizing Cinco de Mayo today. Those of you who know Habla Espanol and I know Juanita understands what I'm saying over there but those of you who know Habla Espanol as (inaudible) would say, Cinco de Mayo literally means the 5th of May in English. Cinco de Mayo commemorates the Mexican Army's 1862 victory over France at the battle of Puebla during the Franco-Mexican War that took place in 1861 through 1867. We did have a great Texan that was a hero of that battle and he joined the Mexican forces to win the war and his name was Ignacio Saragosa who was born in Golliet, Texas. The general took part and became a hero in that war against France. Cinco de Mayo is a minor holiday in Mexico and as you can imagine they don't celebrate it at all in France. However in the United States it has become a celebration of Mexican culture and heritage. In south Texas we always enjoy participating in many festivities, so I hope you will join me in celebrating Cinco de Mayo today. But be careful TABC, they're all over the Capitol celebrating their 75th anniversary so I would urge you to drink responsibly as we celebrate. Juanita, I yield to you.

LT. GOVERNOR DAVID DEWHURST: What he's saying is that the Chair recognizes Senator Nelson.

SENATOR JANE NELSON: Senator Lucio, mucha gracias, felice Cinco de Mayo.

SENATOR EDDIE LUCIO: Gracias. (Speaking Spanish.)

SENATOR JANE NELSON: Muchas gracias.

SENATOR EDDIE LUCIO: And I think if anybody knows what I said, our president understands Spanish, he's my interpreter when we talk Mexican business at the Capitol.

LT. GOVERNOR DAVID DEWHURST: (Speaking Spanish.)

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

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. The Chair recognizes -- the Chair lays out Senate Resolution 890 by Senator Harris. The secretary will read the resolution.

PATSY SPAW: Senate Resolution 890 recognizing the 50th anniversary of Six Flags over Texas by Harris.

LT. GOVERNOR DAVID DEWHURST: Great place. Chair recognizes Senator Harris.

SENATOR CHRIS HARRIS: Thank you, Mr. President. I am pleased to celebrate the 50th anniversary of Six Flags over Texas at Arlington. Joining us today on the floor are park president Steve Martindale as well as other corporate staff Sharon Parker, Jim Brothers and Tyrone Taylor. Six Flags over Texas has become a model for theme parks all over the country. Now, this is shocking, admitting over 100 billion guests since its opening 50 years ago. Further it is one of the top five employers in Arlington, Texas and it also has as many as 3500 part time people working out there when it's the season. Incidentally I worked out there at one time, I was on the cave ride and there ended up being a little altercation on the ride and I was told to go up and talk to the manager so I go in there and I sit down and I'm sure he's firing me and he said, oh, we're going to make you the night manager of the ride and I explained to him if I wanted a bunch of responsibility, I'd just go back to working with my family instead of being at Six Flags with responsibility. But it's very exciting to have you on the floor today and celebrating 50 years, it's great.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Harris. The Chair recognizes Senator Deuell on the resolution.

SENATOR BOB DEUELL: Thank you, Mr. President. And, members, I was one of the those fortunate kids to be there the first week it was opened and I remember they actually had real canoe rides where a group of people paddle their own canoes which is now probably with liability being what it is couldn't happen in real burro rides in the fort, so it brings back some memories to think about that 50 years ago when my brother and I -- and if I can say, that was the boondocks then coming from South Hope Cliff which some people thought South Hope Cliff was the boondocks. Glad to have you here. Thank you, Senator Harris, for the resolution.

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

SENATOR CHRIS HARRIS: Move adoption of the resolution.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Harris. Members, you've heard the motion by Senator Harris. Is there objection from any member? The Chair hears no objection and the resolution is adopted. Members, if there's no objection I'd like to postpone the reading and referral of bills until the end of today's session. Is there objection from any member? The Chair hears no objection, so ordered. The Chair recognizes Senator Carona for a motion to concur in the House amendments to Senate Bill 782.

SENATOR JOHN CARONA: Thank you, Mr. President. Members, Senate Bill 782 was a cleanup of Article IX of the Uniform Commercial Code dealing with secured transactions. Secured transactions include security agreements for real and personal property and the related agreements between creditors and debtors. When the bill was over in the House they added an amendment that repeals the current limitations on the assignment of lottery winnings. This amendment that they added is exactly the same as my separate Senate Bill 626 which you have already passed out of the Senate to nothing and so I move to concur with that one amendment.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Members, you've heard the motion that Senator Carona moves that the Senate concur in the House amendments to Senate Bill 782. The secretary will call the roll.

LT. GOVERNOR DAVID DEWHURST: There being ayes and no nays, the motion is adopted.

SENATOR JOHN CARONA: Thank you, Mr. President.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Chair recognizes Senator Seliger to not concur on 313. The Chair recognizes Senator Seliger for a motion to not concur on the House amendments to Senate Bill 313.

SENATOR KEL SELIGER: Mr. Chairman, we refuse to concur the House amendments on Senate Bill -- I'm sorry, I don't have the right bill here. Would you delay this for just a few minutes, please?

LT. GOVERNOR DAVID DEWHURST: Yes. Members, that concludes the morning call. We're going to start hearing bills. Senator Davis, are you ready on 105? The Chair recognizes Senator Davis for a motion to suspend the Senate's regular order of business to take up and consider Committee Substitute to Senate Bill 105.

SENATOR WENDY DAVIS: Thank you, Mr. President and members. Senate Bill 105 would require the Railroad Commission to issue additional permits for commercial disposal wells in the Barnett Shell to the Allen Berger formation or deeper. Since July 2007 the city of Fort Worth has a moratorium on saltwater disposal wells within the city limits, they briefly allowed and a single well is permitted. This well is currently in operation and is participating in a pilot program with the city of Fort Worth to allow saltwater piping and saltwater recycling. The city of Fort Worth would like to end their current moratorium on their current saltwater in the city to allow wells in certain industrial areas but only if the Railroad Commission permits those at a controlled depth. This is the most viable solution to allow carefully placed wells that will not result in undue environmental risk to the surrounding land or water sources. At present it is believed that the saltwater should be disposed in the Allen Burger formation in order to avoid any impact to groundwater sources. Additionally the bill would not impact cities who have local ordinances in place to permit wells within their city limits. It would only have an impact if they chose to remove the ordinance. Last session I carried a similar bill which received unanimous support on the Senate floor. Mr. President, I move to suspend the regular order of business.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. The Chair recognizes Senator Fraser. For what purpose do you rise?

SENATOR TROY FRASER: I have a couple of questions and comments.

LT. GOVERNOR DAVID DEWHURST: Will Senator Davis yield?

SENATOR WENDY DAVIS: Of course.

SENATOR TROY FRASER: It's an issue we talked about this morning and actually a very interesting issue that the issue that you're solving here we're very much in agreement but this solves a bunch of problems I think for the region that if we allow the disposal in that area a lot of the transportation problems of these heavy trucks trying to run around town trying to get the fluid out I'm assuming that helps with that, doesn't it?

SENATOR WENDY DAVIS: It does, Senator Fraser, thank you for pointing that out.

SENATOR TROY FRASER: And as you and I had a discussion earlier, the long-term answer on this is that rather than disposing, I would love for us to try to find a methodology where we clean that water up like we do with the grey water that was discussed by Senator Van de Putte yesterday. San Antonio has become a world leader in trying to clean up the water using and they reuse it because we're having so much of this formation or either frack water we recovered. If we were able to clean that up put it back in the system, that would solve a huge problem, would you agree?

SENATOR WENDY DAVIS: I totally agree with you and I look forward to working with you. Thank you.

SENATOR TROY FRASER: Thank you.

SENATOR WENDY DAVIS: Thank you so much for allowing this bill hearing in your committee and for supporting it. The people in my community appreciate that very much.

LT. GOVERNOR DAVID DEWHURST: Members, Senator Davis moves to suspend the regular order of business on Committee Substitute to Senate Bill 105. Is there objection from any member? Hearing no objection from any member, the rule is suspended. The Chair lays out on second reading Committee Substitute to Senate Bill 105. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 105 relating to a restriction on the formation to which certain commercial disposal wells.

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

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

LT. GOVERNOR DAVID DEWHURST: Members, you heard the motion by Senator Davis. Is there objection from any member? The Chair hears no objection from any member and Committee Substitute to Senate Bill 105 passes to engrossment. The Chair recognizes Senator Davis for a motion to suspended spean the constitutional rule that bills be read on three several dais.

SENATOR WENDY DAVIS: So moved, Mr. President.

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

LT. GOVERNOR DAVID DEWHURST: There being ayes and one nay, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to Senate Bill 105. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 105 relating to the restriction on the formation of certain commercial disposal wells.

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

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

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

LT. GOVERNOR DAVID DEWHURST: There being ayes and one nay, a Committee Substitute to Senate Bill 105 is finally passed.

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

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Lucio for a motion to suspend the Senate's regular order of business to take up and consider Senate Bill 1760.

SENATOR EDDIE LUCIO: Thank you, Mr. President and members. I'd like to suspend the regular order of business to take up and consider Senate Bill 1760. Members, historically counties that fall under subchapter B of chapter 232 of the local government code which are counties predominantly located along the Texas/Mexico border have been held to different standards related to residential and land development as a means to prevent the proliferation of subdivisions known as colonias. This bill would require subchapter B counties when selling land in the sure sale for public auction requiring to inform the buyers of the requirements and responsibilities that come along with purchasing a plot of residential land in subchapter B counties. I move suspension, Mr. President.

SENATOR KEVIN ELTIFE: Senator Lucio moves to suspend the regular order of business to take up and consider SB1760. Is there objection? The Chair hears none, the rule is suspended. The Chair lays out on second reading SB1760. The secretary will read the caption.

PATSY SPAW: Senate Bill 1760 relating to notice of water and waste water requirements before certain sales.

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

SENATOR EDDIE LUCIO: I move passage of Senate Bill 1706 to engrossment, Mr. President.

SENATOR KEVIN ELTIFE: Senator Lucio moves passage to engrossment. Is there objection? Hearing none, Senate Bill 1760 is passed to engrossment. Senator Lucio, you're recognized for a motion to suspend the constitutional three day rule.

SENATOR EDDIE LUCIO: So moved.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

SENATOR KEVIN ELTIFE: 29 ayes, two nays, the rule is suspended. The Chair lays out on third reading and final passage SB1760. The secretary will read the caption.

PATSY SPAW: Senate Bill 1760 relating to notice of water and waste water requirements before certain sales.

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

SENATOR EDDIE LUCIO: I move final passage of Senate Bill 1760, Mr. President.

SENATOR KEVIN ELTIFE: Senator Lucio now moves final passage of SB1760. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 30 ayes, one nay, SB1760 is finally passed. Congratulations, Senator Lucio.

SENATOR EDDIE LUCIO: Thank you very much, Mr. President.

SENATOR KEVIN ELTIFE: Senator Van de Putte is recognized for a motion to suspend the regular order of business Committee Substitute SB1737.

SENATOR LETICIA VAN DE PUTTE: Thank you, Mr. President and members. I move to suspend the Senate's regular order of business to take up and consider at this time the Committee Substitute to Senate Bill 1737. Members, this bill aligns military leave provided by the state of Texas with the military leave provided by the federal government. This deals with the federal government with the military members can accrue 15 days per federal and they can be carried over. This bill simply aligns all of our Texas statutes with regard to military leave of federal law. I move for suspension of the regular order of business at this time.

SENATOR KEVIN ELTIFE: Senator Van de Putte moves for suspension of the regular order of business to take up and consider Committee Substitute SB1737. Is there objection? The Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute SB1737. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB1737 relating to accrue and leave of absence for certain training or duty.

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

SENATOR LETICIA VAN DE PUTTE: Move passage to engrossment.

SENATOR KEVIN ELTIFE: Senator Van de Putte now moves passage to engrossment. Is there objection? The Chair hears none, Committee Substitute SB1737 is passed to engrossment. 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.

SENATOR KEVIN ELTIFE: 30 ayes, one nay, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute SB1737. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB1737 relating to accrual and usage of leave of absence for certain training or duty.

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

SENATOR LETICIA VAN DE PUTTE: Thank you. I move final passage of Committee Substitute to Senate Bill 1737.

SENATOR KEVIN ELTIFE: Senator Van de Putte now moves final passage of Committee Substitute SB1737. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, Committee Substitute SB1737 is finally passed. Congratulations, Senator Van de Putte.

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

SENATOR KEVIN ELTIFE: Chair recognizes Senator Seliger for a motion to not concur in House amendments to SB313. Senator Seliger is recognized to not concur. Senator Seliger, you're recognized to not concur in House amendments to SB313.

SENATOR KEL SELIGER: Thank you, Mr. President. I move that the Senate refuse to concur with House amendments to Senate Bill --

SENATOR KEVIN ELTIFE: 313.

SENATOR KEL SELIGER: -- 313 and request appointment of conference committee.

SENATOR KEVIN ELTIFE: Senator Seliger moves that the Senate not concur in House amendments to SB313 and request the appointment of a conference committee. Is there any objections? The Chair hears none. Are there any motions to instruct? Hearing none, the following conferees.

PATSY SPAW: Conference committee on Senate Bill 313 Chair Senator Seliger, member, Senator Eltife, Senator Duncan, Senator Watson, Senator Hinojosa.

SENATOR KEVIN ELTIFE: Thank you, Senator Seliger.

SENATOR KEL SELIGER: Thank you, Mr. President.

SENATOR KEVIN ELTIFE: The Chair recognizes Senator Zaffirini for a motion to not concur in House amendments to SB28.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. Members, I move to not concur in the House amendments to Senate Bill 28 which relates to the eligibility for Texas grant and to request the appointment of a conference committee.

SENATOR KEVIN ELTIFE: Senator Zaffirini move that the Senate not concur in House amendments to SB28 and request the appointment of a conference committee. Is there objection? The Chair hears none, are there any motions to instruct?

SENATOR RODNEY ELLIS: Yeah, I want to ask a question.

SENATOR KEVIN ELTIFE: Senator Ellis -- excuse me, Senator Ellis, you're recognized.

SENATOR RODNEY ELLIS: Senator, I'm sorry I was not listening, what's the basic difference if you know or not? I'll just ask you later.

SENATOR JUDITH ZAFFIRINI: There was an amendment added by Representative Mike Villarreal when we ran the numbers for the help of the coordinating board the impact was detrimental to the universities so we are removing that in conference.

SENATOR RODNEY ELLIS: Okay. Thank you.

SENATOR JUDITH ZAFFIRINI: You're welcome.

SENATOR KEVIN ELTIFE: Thank you, Senator Ellis. There were no motions to instruct, the following conferees.

PATSY SPAW: Conference committee on Senate Bill 28 Chair, Senator Zaffirini, member, Senator Watson, Senator Duncan, Senator Carona and Senator Eltife.

SENATOR KEVIN ELTIFE: Senator West is recognized for a motion to suspend the regular order of business Committee Substitute SB1234.

SENATOR ROYCE WEST: Thank you very much, Mr. President. Mr. President and members, at this time I'd move to suspend the Senate's regular order of business to take up and consider at this time Committee Substitute to Senate Bill 1234. Members, this is a municipal management clean up bill. During the interim the Senate governmental organization was asked to study the municipal management district, specifically how the districts are created through the legislative process and they're used by cities, counties and developing infrastructure and promoting economic development. Many of you have special districts that you bring to the committee. Committee Substitute to Senate Bill 1234 gives consistency to management district legislation by changes to chapter 375. Specifically it would repeal those provisions that give management districts the authority for roads by reference to section -- particularly allows them to develop toll way authorities as an example. We also deal with various administrative provisions and also competitive business statutes as well as annexation provisions. I move suspension of the regular order of business.

SENATOR KEVIN ELTIFE: Senator West now moves suspension of the regular order of business to take up and consider Committee Substitute SB1234. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute SB1234. The secretary will read the caption.

PATSY SPAW: Committee Substitute 134 relating to municipal management districts.

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

SENATOR ROYCE WEST: Move passage to engrossment.

SENATOR KEVIN ELTIFE: Senator West now moves passage to engrossment. Is there objection? Chair hears none, Committee Substitute SB1234 is passed to engrossment. Senator West, you're recognized for a motion suspend the constitutional three day rule.

SENATOR ROYCE WEST: So moved.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

SENATOR KEVIN ELTIFE: 30 ayes, one nay, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute SB1234. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB1234 relating to municipal management districts.

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

SENATOR ROYCE WEST: Move final passage of Committee Substitute to Senate Bill 1234.

SENATOR KEVIN ELTIFE: Senator West now moves final passage of Committee Substitute SB1234. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, Committee Substitute SB1234 is finally passed. Congratulations, Senator West. Senator Hegar, you ready? Senator Hegar is recognized for a motion to suspend the regular order of business of SB1877.

SENATOR GLENN HEGAR: Thank you, Mr. President. Senate Bill 1877 is a local bill creating the Oatman Hill municipality district in Senate district 18. There is no House companion and so therefore I'm just trying to get this bill out as quick as we can, I would move to suspend the Senate's regular order of business to take up and consider Committee Substitute to Senate Bill 1877.

SENATOR KEVIN ELTIFE: Senator Hegar moves suspension of the regular order of business to take up and consider Committee Substitute SB1877. Is there objection? The Chair hears none, rule is suspended. The Chair lays out on second reading Committee Substitute SB1877. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 1877 relating to the creation of Oatman Hill utility district.

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

SENATOR GLENN HEGAR: Move passage to engrossment.

SENATOR KEVIN ELTIFE: Senator Hegar now moves passage to engrossment. Is there objection? The Chair hears none, Committee Substitute SB1877 is passed to engrossment. 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.

SENATOR KEVIN ELTIFE: 30 ayes, one nay, Committee Substitute SB1877, rules are suspended. The Chair lay out on third reading and final passage Committee Substitute SB1877. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB1877 relating to the creation of Oatman Hill utility district.

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

SENATOR GLENN HEGAR: Move final passage.

SENATOR KEVIN ELTIFE: Senator Hegar now moves final passage of Committee Substitute SB1877. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, Committee Substitute SB1877 is finally passed. Congratulations, Senator Hegar. Senator Lucio is recognized for a motion to suspend the regular order of business Committee Substitute SB1809.

SENATOR EDDIE LUCIO: Thank you, Mr. President. I'd like to move to suspend the Senate's regular order of business to take up and consider the Committee Substitute for Senate Bill 1809. Members, this Committee Substitute's about the state of Texas having accurate information about a controversial federal program that the state has struggled to hold accountable. Namely the border wall. It is a simple one page bill requiring the comptroller conduct a study requiring the economic impact of the border wall on homes, properties, and businesses in Texas. It passed out of committee with bipartisan support and here's why the bill is not a vote against the border wall. It is simply a vote for transparency, voting and property rights. I move suspension, Mr. President.

SENATOR KEVIN ELTIFE: Senator Lucio moves suspension of the regular order of business to take up and consider Committee Substitute SB1809. Is there objection? The secretary will call the roll.

SENATOR KEVIN ELTIFE: 23 ayes, eight nays, the rule is suspended. Chair lays out on second reading Committee Substitute SB1809. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 1809 relating to a study by the comptroller of public accounts for the economic impact to the Texas Mexico border wall.

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

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

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

SENATOR KEVIN ELTIFE: 23 ayes, eight nays, rule is suspended. Committee Substitute SB1809 is passed to engrossment.

SENATOR EDDIE LUCIO: I'm asking him to help me. Okay. Thank you very much.

SENATOR KEVIN ELTIFE: Senator Hinojosa is recognized for a motion to suspend the regular order of business Committee Substitute House Bill 2271.

SENATOR JUAN HINOJOSA: Thank you, Mr. President and members. This is the sunset bill on the Texas Racing Commission and as y'all recall the Racing Commission didn't pass last session as it got tied up in the situation with the chubbing going on at the Texas House. So here's some of the recommendations that the sunset found: That the Racing Commission needs stronger regulatory tools to help overseeing today's declining racing industry. And the major provisions of the sunset bill is require the commission to designate a racetrack license as either active or inactive and develop and rule with new criteria for license designated as inactive. It also clarifies the commission's revocation authority and authorizes the commission to require racetrack licenses to post security at any time through a bond. It also eliminates uncashed winning tickets as a source of commission revenue and authorizes the commission to adjust license fees to compensate for lost revenue as a result of this change in funding. It also abolishes the equine research committee and continues Texas Equine Research Authority to train equine research accounts funds. And with that I move suspension.

SENATOR KEVIN ELTIFE: Senator Hinojosa moves suspension of the regular order of business to take up and consider Committee Substitute House Bill 2271. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute House Bill 2271. The secretary will read the caption.

PATSY SPAW: Committee Substitute House Bill 2271 relating to continuation and functions of Texas Racing Commission.

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

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

SENATOR KEVIN ELTIFE: Senator Hinojosa moves passage to third reading. Is there objection? The Chair hears none, Committee Substitute House Bill 2271 is passed to third reading. Senator Hinojosa is recognized for a motion to suspend the constitutional three day rule.

SENATOR JUAN HINOJOSA: Mr. President and members, I move suspension of the three day constitutional rule.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

SENATOR KEVIN ELTIFE: 30 ayes, one nay the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute House Bill 2271. The secretary will read the caption.

PATSY SPAW: Committee Substitute House Bill 2271 relating to continuation and functions of the Texas Racing Commission.

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

SENATOR JUAN HINOJOSA: Mr. President and members, I move that the Committee Substitute House Bill 2271 moves final passage.

SENATOR KEVIN ELTIFE: Senator Hinojosa now moves final passage of Committee Substitute House Bill 2271. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, Committee Substitute House Bill 2271 is finally passed. Congratulations, Senator Hinojosa.

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

SENATOR KEVIN ELTIFE: Senator Zaffirini. Senator Zaffirini's recognized for a motion to suspend the Senate's regular order of business on SB34.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. Mr. President and members, I move to suspend the Senate's regular order of business in order to take up and consider at this time Senate Bill 34 relating to the establishment and operation of the Texas women's veterans program. Members, this is a bill that's coauthored by Senator Van de Putte, Senator Davis, Senator Huffman, Senator Nelson and Senator Shapiro. We all ask that you vote for it. We recommend it highly, members, the women's veteran's population in Texas is the second highest in the nation at approximately 156,000. These brave women have unselfishly put their lives at risk for our freedom and it is our responsibility to ensure that they receive the services they need when they return to Texas upon the completion of their service. Generally Senate Bill 34 would establish the Texas women's veteran program within the Texas Veteran's Commission to ensure that women veterans have equitable access to federal and state services and benefits. The primary mission of the program would be to perform outreach functions to improve women's veterans awareness of VA programs assistance, assess the needs of women's programs, review programs, research project, and make recommendations to the executive director regarding the improvement of benefits and services. It also would incorporate issues concerning women veterans and commission planning. This program is available to women who have served on active duty in the Armed Forces of the United States or in the Texas National Guard on federal active duty and were discharged or released from that service from conditions other than dishonorable. Mr. President, I move suspension and I dare anyone to vote against this bill.

SENATOR KEVIN ELTIFE: Senator Zaffirini along with the power brokers of the Senate move suspension of the regular order of business to take up and consider SB34 and dares anyone to vote against it. Is there objection? The Chair hears no objection, Chair hears no objection. The Chair lays out on second reading SB34. The secretary will read the caption.

PATSY SPAW: SB34 relating to the establishment and operation of the Texas women's veterans program.

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

SENATOR JANE NELSON: Mr. Chairman, we move passage to engrossment.

SENATOR KEVIN ELTIFE: Senator Shapiro, Nelson, Zaffirini, Van de Putte, and Huffman move passage of SB34 to engrossment. Is there objection? Chair hears none, SB34 is passed to engrossment. Senators et al. including Zaffirini is 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.

SENATOR KEVIN ELTIFE: 30 ayes, one nay, the rules are suspended. The Chair lays out on third reading and final passage SB34. The secretary will read the caption.

PATSY SPAW: SB34 relating to the establishment and operation of the Texas women's veterans program.

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

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

SENATOR KEVIN ELTIFE: They move final passage of SB34. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, SB34 is finally passed. Congratulations, Senator Zaffirini and friends. The Chair recognizes Senator Whitmire for a motion to concur on House amendments to SB653.

SENATOR JOHN WHITMIRE: Thank you, Mr. President and members. Senate Bill 653 is a sunset bill, the Texas Youth Commission and Texas Juvenile Probation and the Office of Independent Ombudsman. The bill passed the Senate with unanimous consent on April 13, it went to the House for consideration. The House added several amendments to the version of the bill passed by this body mostly dealing with the membership of the transition team, the board and the advisory council. I would move to concur with these and all the other House amendments.

SENATOR KEVIN ELTIFE: Senator Whitmire moves that the Senate concur in House amendments to SB653. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, the motion is adopted. Thank you, Senator Whitmire. Senator Rodriguez is recognized for a motion to suspend the regular order of business on Committee Substitute SB1198.

SENATOR JOSE RODRIGUEZ: Mr. President and members, Senate Bill 1198 is part of an ongoing review of Texas probate, guardianship and trust law undertaken by the real estate and trust law undertaken by the state bar of Texas. The goal is to update and improve relevant sections of the Texas probate code relating to decedents' estates in the probate process more transparent and accessible for all the parties. As part of this ongoing review Senate Bill 1198 proposes several changes affecting decedents' estates. The companion to Senate Bill 1198 House Bill 2046 by Representative Hartnett was recommended for the House local and consent calendar by the House judiciary and civil jurisprudence committee last week. Mr. President and members, I move that we suspend the regular order of business and all necessary rules to take up and consider Committee Substitute for Senate Bill 1198.

SENATOR KEVIN ELTIFE: Senator Rodriguez move suspension of the regular order of business to take up and consider Committee Substitute SB1198. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute SB1198. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB1198 relating to the decedents' estates.

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

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

SENATOR KEVIN ELTIFE: Senator Rodriguez now moves passage to engrossment. Is there objection? The Chair hears none, Committee Substitute SB1198 is passed to engrossment. Senator Rodriguez you're now 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.

SENATOR KEVIN ELTIFE: 30 ayes, one nay, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute SB1198. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB1198 relating to decedents' estates.

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 Committee Substitute SB1198. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, Committee Substitute SB1198 is finally passed. Congratulations, Senator Rodriguez.

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

SENATOR KEVIN ELTIFE: Senator Jackson is recognized for a motion to suspend the regular order of business on Committee Substitute House Bill 2035.

SENATOR MIKE JACKSON: Thank you, Mr. President. Members, House Bill 2035 deals with beer distributors. Beer distributors by law are not able to simply move their operations if their warehouses are so badly damaged that they can no longer receive or distribute shipments. This House bill allows for a beer distributor to temporarily relocate their business in the event of a disaster. Current framework will remain in place. All reporting requirements under current law will still be followed including the collection of all the taxes. Beer distributors play a vital role in emergency situations by delivering bottled water, canned drinking water to those in need and the ability to relocate their facilities temporarily will help that whole situation. I will have a floor amendment, members, and the floor amendment contains language that would have had some unintended consequences. So I'll have a floor amendment that simply moves and changes the language back to the way it came out of the House. I'd move to suspend the necessary rules, Mr. President, to take up and consider House Bill 2035.

SENATOR KEVIN ELTIFE: Senator Jackson now moves suspension of the regular order of business to take up and consider Committee Substitute House Bill 2035. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute House Bill 2035. The secretary will read the caption.

PATSY SPAW: Committee Substitute House Bill 2035 relating to temporary relocation of an alcoholic beverage distributors premises.

SENATOR KEVIN ELTIFE: Senator Ellis, for what purpose?

SENATOR RODNEY ELLIS: Mr. President, is this my amendment on the smoking ban for his bill or is this his amendment?

SENATOR KEVIN ELTIFE: No, sir, this is Jackson floor amendment.

SENATOR RODNEY ELLIS: Okay. Mine is coming up next.

SENATOR KEVIN ELTIFE: Thank you for warning us, Senator Ellis. The following floor amendment. Secretary read the amendment by Jackson.

PATSY SPAW: Floor amendment No. 1 by Jackson.

SENATOR KEVIN ELTIFE: Senator Jackson to explain the amendment.

SENATOR MIKE JACKSON: Thank you, Mr. President. Members, this simply -- this takes away language that was added in a Committee Substitute and puts the language back to the way the bill came out of the House. It strikes the words "and the actual shipping cost paid by the cosigner." I would move adoption.

SENATOR KEVIN ELTIFE: Members, you've heard the explanation of floor amendment No. 1 by Senator Jackson, he now moves adoption of floor amendment No. 1. Is there objection? Chair hears none, floor amendment No. 1 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 2035 as amended.

SENATOR KEVIN ELTIFE: Senator Jackson now moves passage to third reading of Committee Substitute House Bill 2035 as amended. Is there objection? Chair hears none, Committee Substitute House Bill 2035 is moved to third reading. Senator Jackson you're now recognized for a motion to suspend the constitutional three day rule.

SENATOR MIKE JACKSON: So moved.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

SENATOR KEVIN ELTIFE: 30 ayes, one nay, the rule is suspended. Chair lays out on third reading and final passage Committee Substitute House Bill 2035. The secretary will read the caption.

PATSY SPAW: Committee Substitute House Bill 2035 relating to the temporary relocation of an alcoholic beverage distributors location.

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

SENATOR MIKE JACKSON: I move final passage, Mr. President, of House Bill 2035.

SENATOR KEVIN ELTIFE: Senator Jackson now moves final passage of Committee Substitute House Bill 2035 as amended. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes s, zero nays, Committee Substitute House Bill 2035 is finally passed. Congratulations, Senator Jackson.

SENATOR MIKE JACKSON: 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 Committee Substitute SB1532.

SENATOR JUAN HINOJOSA: What was the bill number, Mr. President?

SENATOR KEVIN ELTIFE: Committee Substitute SB1532.

SENATOR JUAN HINOJOSA: Okay. Thank you, Mr. President and members. I move to suspend the regular order of business on Committee Substitute to Senate Bill 1532. Senate Bill 1532 passed unanimously out of the transportation and homeland security last week and was recommended for local and consent. This bill allows DPS the ability to use the latest technology available to protect our citizens from identify theft and fraud. Senate Bill 1532 is permissive, it is not a requirement or mandate to use a photo on the Texas driver's license. The bill ultimately allows DPS to consider only technologies available to secure our identification cards and give the department the flexibility to make the right choice for Texas. Move for suspension.

SENATOR KEVIN ELTIFE: Senator Hinojosa moves suspension of the regular order of business to take up and consider Committee Substitute SB1532. Is there objection? The Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute SB1532. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB1532 relating to a photograph on a person identification certificate driver's license or commercial driver's license.

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

SENATOR JUAN HINOJOSA: I move passage to engrossment.

SENATOR KEVIN ELTIFE: Senator Hinojosa now moves passage to engrossment of me substitute SB1532. Is there objection? The Chair hears none, Committee Substitute SB1532 is passed to engrossment. Senator Hinojosa, you're now recognized for a motion to suspend the constitutional three day rule.

SENATOR JUAN HINOJOSA: Mr. President, I move to suspend the constitutional three day rule.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

SENATOR KEVIN ELTIFE: 30 ayes, one nay, the rule is suspended. Chair lays out on third reading and final passage Committee Substitute SB1532. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB1532 relating to a photograph on a personal identification certificate.

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

SENATOR JUAN HINOJOSA: Mr. President, I move final passage of Committee Substitute Senate Bill 1532.

SENATOR KEVIN ELTIFE: Senator Hinojosa now moves final passage of Committee Substitute SB1532. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, Committee Substitute SB1532 is finally passed. Congratulations, Senator Hinojosa. Senator Lucio, you're recognized for a motion to suspend the regular order of business on Committee Substitute SB1909.

SENATOR EDDIE LUCIO: Thank you, Mr. President and members. In 1991 with the assistance of the 72nd legislature I passed Senate Bill 1050 creating the University of texas at Brownsville. Adopting a method that proved to be both fiscally responsible and innovative in expanding higher education opportunities. The bill authorized UTB to enter into a partnership with Texas Southmost College for the instruction of lower division courses but with success comes growth and both UT system and Texas Southmost college district identified opportunities to flourish beyond the current partnership model as well as government. As a result, the UT board of regents voted to terminate the current agreement setting into motion the divestiture of both institutions in favor of autonomous operation and governance, the Committee Substitute to Senate Bill 1909 amends the education code accordingly allowing the University of Texas at Brownsville to operate as a four year institution and provides guidance for orderly transition and independent operations of both institutions. Thank you, Mr. President.

SENATOR KEVIN ELTIFE: Thank you, Senator Lucio. Senator Lucio move suspension of the regular order of business to take up and consider Committee Substitute SB1909. Is there objection? The Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute SB1909. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 1909 relating to the University of Texas at Brownsville.

SENATOR KEVIN ELTIFE: Floor amendment No. 1 by Lucio. Secretary please read the amendment.

PATSY SPAW: Floor amendment No. 1 by Lucio.

SENATOR KEVIN ELTIFE: Senator Lucio, if you would, let's make sure everybody has the amendment.

SENATOR EDDIE LUCIO: Yes, sir.

SENATOR KEVIN ELTIFE: Senator Lucio to explain the amendment.

SENATOR EDDIE LUCIO: Thank you, Mr. President. At the request of the University of Texas system floor amendment one strikes language prescribed in the green program selection. Move adoption.

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

SENATOR EDDIE LUCIO: Mr. President, I'd like to move passage to engrossment of Committee Substitute to Senate Bill 1909.

SENATOR KEVIN ELTIFE: Senator Lucio moves passage to engrossment. Is there objection? The Chair hears none, Committee Substitute to SB1909 is passed to engrossment. Senator Lucio, you're recognized for a motion to suspend the constitutional three day rule.

SENATOR EDDIE LUCIO: So moved, Mr. President.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

SENATOR KEVIN ELTIFE: 30 ayes, one nay, the rule is suspended. The Chair lays out on third leading and final passage Committee Substitute SB1909 as amended. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB1909 relating to the University of Texas at Brownsville.

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

SENATOR EDDIE LUCIO: Mr. President, I'd like to move final passage for Committee Substitute for Senate Bill 1909.

SENATOR KEVIN ELTIFE: Senator Lucio now moves final passage of Committee Substitute SB1909 as amended. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, Committee Substitute SB1909 is finally passed. Congratulations, Senator Lucio.

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

SENATOR KEVIN ELTIFE: Senator Duncan is recognized for a motion to suspend the regular order of business on House Bill 2561.

SENATOR ROBERT DUNCAN: Thank you, Mr. President and members. Currently a TRS member service credit is determined by having rendered sufficient service for a school year. However the school year varies from member to member as a school year for TRS purposes is determined by the member's contract year for employment purposes. This makes it difficult if not impossible to automate retirement processes for members and retirees and TRS spends considerable time manually processing these files. This bill will just simply standardize the school year for TRS services only, for nothing else. It would not affect the actual school year as set by the legislature. With that explanation unless there are any questions, I move to suspend the Senate's regular order of business to take up and consider House Bill 2561.

SENATOR KEVIN ELTIFE: Senator Duncan moves suspension of the regular order of business to take up and consider House Bill 2561. Is there any objection? The Chair hears none, the rule is suspended. The Chair lays out on second reading House Bill 2561. The secretary will read the caption.

PATSY SPAW: House Bill 2561 relating to the definition of school year for purposes of Teacher Retirement System.

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

SENATOR ROBERT DUNCAN: Move passage to third reading.

SENATOR KEVIN ELTIFE: Senator Duncan now moves passage to third reading. Is there objection? The Chair hears none, House Bill 2561 is now passed to third reading. Senator Duncan is now recognized for a motion to suspend the constitutional three day rule.

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

SENATOR KEVIN ELTIFE: The secretary will call the roll.

SENATOR KEVIN ELTIFE: 30 ayes, one nay, the rule is suspended. The Chair lays out on third reading and final passage House Bill 2561. The secretary will read the caption.

PATSY SPAW: House Bill 2561 relating to the definition of school year.

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

SENATOR ROBERT DUNCAN: Thank you. I move passage.

SENATOR KEVIN ELTIFE: Senator Duncan now moves final passage of House Bill 2561. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, House Bill 2561 is finally passed. Congratulations, Senator Duncan.

SENATOR ROBERT DUNCAN: Thank you.

SENATOR KEVIN ELTIFE: Senator Patrick, you're recognized for a motion to suspend the regular order of business on SB1789.

SENATOR DAN PATRICK: Thank you, Mr. President and members. This is a local bill dealing with Houston only. It simply extends the code 212-0155 government code to cover golf course communities. Currently golf course communities are protected if they're in the city of Houston. Currently this extends it to the Houston ETJ protect, the golf course communities that people have bought on.

SENATOR KEVIN ELTIFE: Senator Patrick moves suspension of the regular order of business to take up and consider SB1789. Is there objection? The Chair hears none, the rules are suspended. The Chair lays out on second reading SB1789. The secretary will read the caption.

PATSY SPAW: SB1789 relating to platting requirements affecting subdivision golf courses.

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

SENATOR DAN PATRICK: Move to engrossment.

SENATOR KEVIN ELTIFE: Senator Patrick moves passage to engrossment. Is there objection? The Chair hears none, SB1789 now moves to engrossment. Senator Patrick is now recognized for a motion to suspend the constitutional three day rule.

SENATOR DAN PATRICK: So moved.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

SENATOR KEVIN ELTIFE: 30 ayes, one nay, the rule is suspended. The Chair lays out on third reading and final passage SB1789. The secretary will read the caption.

PATSY SPAW: SB1789 relating to platting requirements affecting subdivision golf courses.

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

SENATOR DAN PATRICK: I move to final passage Mr. President.

SENATOR KEVIN ELTIFE: Senator Patrick now moves final passage of SB1789. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, SB1789 is finally passed. Congratulations, Senator Patrick.

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

SENATOR KEVIN ELTIFE: Senator Hinojosa is recognized for a motion to suspend the regular order of business on Committee Substitute SB1875.

SENATOR JUAN HINOJOSA: Thank you, Mr. President and members. This is a local bill dealing with the Agua special utility district. It was a reconstituted entity and there was some appointments made and there was some confusion as to whether or not the appointments could run for election. So it clarifies that an appointed director may serve another elected term and clarifies this issue and I move to suspend the regular order of by.

SENATOR KEVIN ELTIFE: Senator Hinojosa moves suspension of the regular order of business to take up and consider Committee Substitute SB1875. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute SB1875. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 1875 relating to the governing body and powers of Agua special utility district.

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

SENATOR JUAN HINOJOSA: I move passage to engrossment.

SENATOR KEVIN ELTIFE: Senator Hinojosa now moves passage to engrossment. Is there objection? The Chair hears none, Committee Substitute SB1875 is now passed to engrossment. Senator Hinojosa, you're recognized for a motion to suspend the constitutional three day rule.

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

SENATOR KEVIN ELTIFE: The secretary will call the roll.

SENATOR KEVIN ELTIFE: 30 ayes, one nay, the rule is suspended. The Chair lays out on third reading and final passage committee stout SB1875. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB1875 relating to governing body under the powers of Agua special utility district.

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

SENATOR JUAN HINOJOSA: I move for final passage of Committee Substitute Senate Bill 1875.

SENATOR KEVIN ELTIFE: Senator Hinojosa now moves final passage of Committee Substitute SB1875. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, Committee Substitute to SB1875 is finally passed. Congratulations, Senator Hinojosa.

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

SENATOR KEVIN ELTIFE: Senator Seliger is recognized for a motion to suspend the regular order of business on Committee Substitute SB1120.

SENATOR KEL SELIGER: Thank you, Mr. President. I move to suspend the regular order of business to take up and consider at this time the Committee Substitute to Senate Bill 1120 dealing with local government corporations. Once created a local government corporation is eligible to receive nonprofit tax exempt status on any property in the state that it owns which allows for a local government to lose property from its tax role without giving consent. This bill states that the local government corporations will not be exempt from tax role if the property is located outside of the boundaries of the municipality to which it was created to serve. I move suspension.

LT. GOVERNOR DAVID DEWHURST: Senator Seliger move suspension of the regular order of business to take up and consider Committee Substitute SB1120. Is there objection? The Chair hears none, rule is suspended. The Chair lays out on second reading Committee Substitute SB1120. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 1120 relating to the exemption from taxation of property of a local government corporation.

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

SENATOR KEL SELIGER: Thank you, Mr. President. I move passage to engrossment of Committee Substitute to Senate Bill 1120.

SENATOR KEVIN ELTIFE: Senator Seliger now moves passage to engrossment. Is there objection? Chair hears none, Committee Substitute SB1120 is passed to engrossment. Senator Seliger, you're recognized for a motion to suspend the constitutional three day rule.

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

SENATOR KEVIN ELTIFE: The secretary will call the roll.

SENATOR KEVIN ELTIFE: 29 ayes, two nays, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute SB1120. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 1120 relating to exemption from taxation of certain property.

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

SENATOR KEL SELIGER: Mr. President, I move final passage of Committee Substitute to Senate Bill 1120.

SENATOR KEVIN ELTIFE: Senator Seliger now moves final passage of Committee Substitute SB1120. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 30 ayes, one nay, Committee Substitute SB1120 is finally passed. Congratulations, Senator Seliger.

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

SENATOR KEVIN ELTIFE: Senator Davis is recognized for a motion to suspend the regular order of business Committee Substitute SB1636.

SENATOR WENDY DAVIS: Thank you, Mr. President and members. I move to suspend the Senate's regular order of business to take up and consider Committee Substitute for Senate Bill 1636. The Committee Substitute to Senate Bill 1636 seeks to ensure that sexual assault evidence is processed in a timely manner. Evidence exists in the state of Texas that over 20,000 contested rape kits are lying on the shelves in our major urban cities that have not been tested. Statistics have shown that every two minutes a person is assaulted in the U.S. and only 6 percent of rapists will ever spend a day in jail. According to the FBI, the national arrest rate for rape is only 24 percent. The Committee Substitute to Senate Bill 1636 would require law enforcement to submit active criminal case evidence to a public accredited crime lab no later than ten days after the evidence was received. And I do have an amendment that's going to change that to 30 days at the request of local law enforcement. It also provides that the crime lab must complete its analysis no later than the 90th day after receipt but only in the instance where sufficient personnel and resources are available. And to that point my amendment also clarifies, it's essentially the Ogden amendment that this requirement would only be in place where funding is appropriated for it. After the evidence is analyzed DPS must compare evidence with DNA profiles in the state database and the CODIS DNA state database kept by the FBI. If the evidence sample meets the requirements of the state and the bureau database for comparison. It also provides that no later than April 1st, 2012, evidence pertaining ing to those cases that have not yet been submitted must be sent to DPS. Members, I cannot stress enough the importance of this particular bill. The city of Fort Worth began testing their rape kits that had been sitting on the shelf for those instances where the perpetrator was known and by doing that they found 207 hits with the CODIS system, they caught five serial rapists, two of which had no criminal history and were still offending. Mr. President and members, I move to suspend the regular order of business.

SENATOR KEVIN ELTIFE: Senator Williams, for what purpose?

SENATOR TOMMY WILLIAMS: To ask the author a question.

SENATOR WENDY DAVIS: Yes, Senator Williams.

SENATOR TOMMY WILLIAMS: Senator Davis, I really appreciate you bringing this bill to the floor. We visited yesterday about the problems I've seen in the Houston crime lab and I think this is really an important step in the right direction. I did have some concerns originally that we were going to be using some Fund 6 money possibly to help pay for this and it's my understanding what you've done is you've changed that now so that it's out of available funds, we'd actually have to take action through the appropriations bill for any state money to be appropriated for this; is that correct?

SENATOR WENDY DAVIS: That's correct, Senator Williams, and I will be introducing a floor amendment that contains that language.

SENATOR TOMMY WILLIAMS: Well, thank you. I think this is a great bill and thank you for bringing this issue forward. This is an issue that needs to be addressed.

SENATOR WENDY DAVIS: Thank you for your support, Senator.

SENATOR KEVIN ELTIFE: Thank you, Senator Williams. Senator Whitmire, for what purpose?

SENATOR JOHN WHITMIRE: Will the Senator yield?

SENATOR KEVIN ELTIFE: Will Senator Davis yield?

SENATOR WENDY DAVIS: Of course, Senator.

SENATOR JOHN WHITMIRE: Senator Davis, I want to thank you on behalf of so many thousands of women who have had to submit to that test and then to learn later that it was not used by those police departments. I can't just imagine, it's been a problem that Senator Williams and I have addressed currently in Houston where I think they have about 4,000 more untested kits. So hopefully with your legislation that will put a stop to this practice and the benefits to criminal justice and to get rapists brought under police agencies and to be processed is just tremendous. So let me compliment you and I just wish it would have been passed years ago but that's why we're here and you're here and I just want to compliment you for a really good piece of legislation that will really put a face and make a difference on this problem.

SENATOR WENDY DAVIS: Thank you so much, Senator Whitmire. And thank you for your support and moving this through your committee and the support you've provided to us as we've tried to advance this piece of legislation.

SENATOR KEVIN ELTIFE: Thank you, Senator Whitmire. Senator Davis moves suspension of the regular order of business to take up and consider Committee Substitute SB1636. Is there objection? The Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute SB1636. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB1636 relating to collection, analysis and preservation of sexual assault or DNA evidence.

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

PATSY SPAW: Floor amendment No. 1 by Davis.

SENATOR KEVIN ELTIFE: Senator Davis to explain the amendment.

SENATOR WENDY DAVIS: Thank you, Mr. President. As I mentioned previously, the floor amendment would change the requirement for a law enforcement agency to submit the evidence to an accredited lab from ten days to 30 days. It also addresses concerns by DPS. They were very concerned by storage space and it provides they can take that evidence where storage is available and they're not required to fund testing if there are not funding available. And then finally it clearly states that DPS is not required to spend more money from the state highway fund than they've historically used to identify this type of evidence and clarifies that this money is specifically appropriated to DPS for this purpose. They are not required to use other sources of fund for implementation. I would move adoption of floor amendment No. 1.

SENATOR KEVIN ELTIFE: Senator Van de Putte, are you wishing to be recognized? Senator Van de Putte, are you wishing to be recognized? Senator Davis moves adoption of floor amendment No. 1. Is there objection? Chair hears none, floor amendment No. 1 is adopted. Senator Davis is recognized for a motion.

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

SENATOR KEVIN ELTIFE: Senator Davis now moves passage to engrossment. Is there objection? Hear Chair hears none, Committee Substitute SB1636 is now passed to engrossment. Senator Davis, you're now 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.

SENATOR KEVIN ELTIFE: 30 ayes, one nay, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute SB1636. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 1636 relating to collection, analysis and preservation of sexual assault or DNA evidence.

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

SENATOR WENDY DAVIS: Thank you, Mr. President. I move final passage of Committee Substitute to Senate Bill 1636.

SENATOR KEVIN ELTIFE: Senator Davis now moves final passage of Committee Substitute SB1636. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, Committee Substitute SB1636 is finally passed. Congratulations, Senator Davis.

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

SENATOR KEVIN ELTIFE: Senator Seliger, you're recognized for a motion to suspend the regular order of business on Committee Substitute SB956.

SENATOR KEL SELIGER: Thank you, Mr. President. I move to suspend the regular order of business to take up and consider the Committee Substitute to Senate Bill 956 relating to the Northern Dallam County groundwater conversation district. The Texas Commission on Environmental Quality designated three contiguous areas as priority two groundwater management areas in 1990. On August 11, 2008, the TCEQ staff recommended the Dallam County priority groundwater management area join the North Plains groundwater conversation district. The residents of this area may now consider the options for inclusion. It sets down a number of directors, taxes and fee caps and allows the voters option to give the groundwater conservation district the authority to tax rather than impose fees. I move suspension.

SENATOR KEVIN ELTIFE: Senator Seliger move suspension of the regular order of business to take UPL and consider Committee Substitute SB956. Is there uke? The Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute SB956. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 956 relating to the creation of the Northern Dallam County groundwater conservation district.

SENATOR KEVIN ELTIFE: The following amendment by Seliger.

SENATOR KEL SELIGER: Thank you, Mr. President. This amendments sets ad valorem tax rate or sets limits to the main ad valorem tax and rate that exceeds 1.5 cents on each $100 of valuable property rate in this district. This is the same rates currently imposed by the groundwater conversation district.

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

SENATOR KEL SELIGER: Mr. President, I move passage to engrossment of Committee Substitute to Senate Bill 956.

SENATOR KEVIN ELTIFE: Senator Seliger now moves passage to engrossment. Is there objection? Chair hears none, Committee Substitute SB956 is passed to engrossment. Senator Seliger you're now 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.

SENATOR KEVIN ELTIFE: 30 ayes, one nay, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute SB956. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB956 relating to creation of the Northern Dallam County groundwater conservation district.

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

SENATOR KEL SELIGER: Thank you, Mr. President. I move final passage of the Committee Substitute to Senate Bill 956.

SENATOR KEVIN ELTIFE: Senator Seliger now moves final passage of Committee Substitute SB956. Secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, Committee Substitute SB956 is now finally passed. Congratulations, Senator Seliger.

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

SENATOR KEVIN ELTIFE: Senator Zaffirini is recognized for a motion to suspend the regular order of business SB1731.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. Mr. President and members, I move to suspend the Senate's regular order of business in order to take up and consider at this time Senate Bill 1731 relating to requiring public junior colleges to offer an academic associate degree program. Members, this bill would require each public junior college to offer one or more academic associate degree programs designed for -- baccalaureate degree program. Mr. President, I move suspension.

SENATOR KEVIN ELTIFE: Senator Zaffirini moves suspension of the regular order of business to take up and consider SB1731. Is there objection? The Chair hears none, the rules are suspended. The Chair lays out on second reading. The secretary will read the caption.

PATSY SPAW: SB1731 relating to requiring public junior colleges to offer an academic associate degree program.

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

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

SENATOR KEVIN ELTIFE: Senator Zaffirini now moves passage to engrossment. Is there objection? The Chair hears none, SB1731 is passed to engrossment. Senator Zaffirini, you're recognized for a motion to suspend the constitutional three day rule.

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

SENATOR KEVIN ELTIFE: The secretary will call the roll.

SENATOR KEVIN ELTIFE: 30 ayes, one nay, the rule is suspended. The Chair lays out on third reading and final passage SB1731. The secretary will read the caption.

PATSY SPAW: SB1731 relating to requiring public junior colleges to offer an academic associate degree program.

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

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

SENATOR KEVIN ELTIFE: Senator Zaffirini now moves final passage of Committee Substitute SB1731. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, 0 nays, Committee Substitute SB1371 is final 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 Committee Substitute SB1743.

SENATOR TROY FRASER: Members, Committee Substitute to Senate Bill 1743 has to do with the Pertinallas electric co-op, it's -- as all of you know we had a problem with the transparency with the board of directors and senior management, there's been a couple of endowments that have already come down in one conviction. This bill is furthering that, we've still got a problem with the election process, I don't believe we've had a fair election in the last 40 years. This would mandate single members districts for the election. I would now move to suspend Committee Substitute for Senate Bill 1743.

SENATOR KEVIN ELTIFE: Senator Fraser moves suspension of the regular order of business to take up and consider Committee Substitute SB1743. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute SB1743. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB1743 relating to access by members of certain electric coops to meetings.

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

SENATOR TROY FRASER: I would now move passage of Committee Substitute for Senate Bill 1743 to engrossment.

SENATOR KEVIN ELTIFE: Senator Fraser now moves passage to engrossment. Is there objection? The Chair hears none, Committee Substitute SB1743 is passed to engrossment. Senator Fraser, you're recognized for a motion to suspend the constitutional three day rule.

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

SENATOR KEVIN ELTIFE: The secretary will call the roll.

SENATOR KEVIN ELTIFE: 30 aye, one nay, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute SB1743. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB1743 relating to access by members of certain electric cooperatives for meetings for the board of directors.

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

SENATOR TROY FRASER: And I would move final passage of Committee Substitute for Senate Bill 1743.

SENATOR KEVIN ELTIFE: Senator Fraser now moves final passage of Committee Substitute SB1743. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, Committee Substitute SB1743 is finally passed. Congratulations, Senator Seliger -- Senator Fraser. Senator Fraser is recognized for a motion to suspend the regular order of business on Committee Substitute SB1742.

SENATOR TROY FRASER: Members, Committee Substitute for Senate Bill 1742 would allow motor vehicles displaying an authorized plug in-electric vehicle to go to use high occupancy, HOV lanes regardless of the number of occupants unless this would impair the receipt of federal funds. I would move to suspend the regular order of business.

SENATOR KEVIN ELTIFE: Senator Fraser moves suspension of the regular order of business to take up and consider Committee Substitute SB1742. Is there objection? The Chair hears none, rules are suspended. The Chair lays out on second reading Committee Substitute SB1742. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB1742 relating to operation of plug in-electric motor vehicles.

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

PATSY SPAW: Floor amendment No. 1 by Fraser.

SENATOR KEVIN ELTIFE: Senator Fraser to explain the amendment.

SENATOR TROY FRASER: The amendment would clarify that making sure that nothing in this would impair the ability to receive federal funds.

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

SENATOR TROY FRASER: I would now move passage to engrossment of Committee Substitute to Senate Bill 1742.

SENATOR KEVIN ELTIFE: Senator Fraser now moves passage to engrossment. Is there objection? Chair hears none, Committee Substitute SB1742 is passed to engrossment. Senator Fraser you're now recognized for a motion to suspend the constitutional three day rule.

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

SENATOR KEVIN ELTIFE: The secretary will call the roll.

SENATOR KEVIN ELTIFE: 28 ayes, two nays, rule is suspended and one present not voting. Chair lays out on third reading and final passage Committee Substitute SB1742. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB1742 relating to operation of plug in-electric motor vehicles.

SENATOR TROY FRASER: I would now move final passage of Committee Substitute to Senate Bill 1742.

SENATOR KEVIN ELTIFE: Senator Fraser now moves final passage of Committee Substitute SB1742. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 29 ayes, one nay, one present not voting, Committee Substitute SB1742 is finally passed. Congratulations, Senator Fraser. Senator Seliger is recognized for a motion to suspend the regular order of business Committee Substitute SB1032.

SENATOR KEL SELIGER: Thank you, Mr. President. I move to suspend the regular order of business to take up the Committee Substitute of Senate Bill 1032. In fact the only other bill other than the budget that had to pass this session because it deals with equine dentistry, veterinarians currently provide equine dentistry services and have the training to do so. It is a far more involved process than a lot of people are aware of but there are several veterinarian technicians that are practicing in some form of equine dentistry without formal training. In fact some of them are doing procedures that require sedation, none is being used or sedation is being obtained and utilized outside the scope of practice for unlicensed practitioners. What this bill ensures is that equine dentistry is performed only by a veterinarian or licensed equine dentistry provider under general supervision of a veterinarian.

SENATOR KEVIN ELTIFE: Senator Seliger moves suspension of the regular order of business to take up and consider Committee Substitute SB1032. Is there objection? The Chair hears none, the rules are suspended. The Chair lays out on second reading Committee Substitute SB1032. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB1032 relating to licensure and regulation of equine dental providers.

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

SENATOR KEL SELIGER: Thank you, Mr. President. I move passage to engrossment of the Committee Substitute to Senate Bill 1032.

SENATOR KEVIN ELTIFE: Senator Seliger moves passage to engrossment. Is there objection? The Chair hears none, Committee Substitute to SB1032 is passed to engrossment. Senator Seliger, you're now 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 because the bill is providing so much amusement to the members of the Senate and the president.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

SENATOR KEVIN ELTIFE: 30 ayes, one nay, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute SB1032. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB1032 relating the licensure and regulation of equine dental providers.

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

SENATOR KEL SELIGER: Mr. President, I move final passage of Committee Substitute to Senate Bill 1032.

SENATOR KEVIN ELTIFE: Senator Seliger moves final passage of Committee Substitute SB1032. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays Committee Substitute SB1032 is finally passed. Congratulations, Senator Seliger.

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

SENATOR KEVIN ELTIFE: Senator Deuell, you're recognized for a motion to suspend the regular order of business Committee Substitute SB546.

SENATOR BOB DEUELL: Thank you, Mr. President. Members, I move to suspend the Senate's regular order of business so that we can take up and consider at this time the Committee Substitute to Senate Bill 546. Members, this bill will let Texas to become one of the 40 states that allow physicians to dispense and distribute medications from their office. Texas law currently only allows physicians to dispense drugs for a patient's immediate use or if they are free. Changing this law will allow patients to get their medications much more easily which will especially help those who are older and less physically able and those who do not have their own transportation. It will also help physicians monitor whether their patients are getting their medications and using them. This is not intended to be in direct competition with retail pharmacy. In states where this has been allowed physicians generally only dispense widely used prescriptions such as anti-inflammatories, blood pressure, diabetic medication, and perhaps allergy pills. The bill also adds extra protection by clarifying that the Texas Medical Board will be responsible for regulating and dispensing dangerous drugs. I move suspension.

SENATOR KEVIN ELTIFE: Senator Van de Putte, for what purpose?

SENATOR LETICIA VAN DE PUTTE: Will the gentleman yield for some questions?

SENATOR KEVIN ELTIFE: Will Senator Deuell yield?

SENATOR BOB DEUELL: Certainly.

SENATOR LETICIA VAN DE PUTTE: Thank you very much. Dr. Deuell, I certainly appreciate the sentiment behind this measure. I know that you really care for your patients, and you would want to see quality patient care and access as I do. My questions have to deal with the logistics and how do the physicians that would operate pharmacies under this, under your bill -- would physicians dispense as pharmacies do in the community?

SENATOR BOB DEUELL: Well, I think most physicians, and again don't do it in this state, there are companies that provide prepackaged sets of medications, for example, you could tell this company that I usually prescribe this for hypertension and they can package up various milligrams in 30 or 60 or 90 or however you would want them prescribed and you could give them to a patient so that they could do it that way. I don't think again that you're going to see pharmacies in medical offices, I think you're going to see most physicians just prepackage medication that will be convenient for their patients.

SENATOR LETICIA VAN DE PUTTE: How does -- under your bill, how do insurance companies under most employer plans and state Medicaid and CHP and all of our third party payer programs, how do third party payers, how is that done? Do you have a point of service terminal that now the employees of the physician or the physician would transmit that for online adjudication?

SENATOR BOB DEUELL: Yeah, there would be separate billing. This bill allows for a fee to do that, but you can bill your cost to the medication. You would have to work that out with any of the third party payers and if that couldn't be worked out then those patients would be excluded.

SENATOR LETICIA VAN DE PUTTE: And so with many of the pharmacy contracts right now say, for example, if it is an AETNA plan and AETNA may have 200 different plans, if the pharmacy that's participating participates in one plan, a lot of times they are now adhering to receive the compensation, does the physician now receive what would be the cost of the medication and any profit or any fee?

SENATOR BOB DEUELL: I'm sorry, I was -- she was passing me a note during class.

SENATOR LETICIA VAN DE PUTTE: My question is with third party vendors. See pharmacy is the only health service where there is online adjudication at the point of service. So patients know what their copay is, they know what drugs are on the formulary for their health plan. They know if there is a prior authorization needed. Under your bill, how would that relationship between the third party payers, the insurance company, how would that happen in a doctor's office.

SENATOR BOB DEUELL: Well, that would have to being negotiated with the doctor's office that like any other benefit if you want to include a given insurance plan you would have to work something out with those insurers and maybe you could, maybe you couldn't. You know, I -- in my own practice just to give you an example of one of the reasons I wanted to do this and I probably will not do it because I don't want to be something where I would benefit in terms of income but we opened the clinic in a neighboring town that did not have a pharmacy and it was well received by this community. Patients began saying well, we have to come to Greenville anyway to get our prescriptions and if we had been able to do this probably we could have generated enough patient flow to keep that clinic open. But this bill physicians are going to have to play by the same rules as pharmacies, it's going to be regulated and if they can't arrange for third party payment to do that with a given patient then that patient won't be able to take advantage of that convenience.

SENATOR LETICIA VAN DE PUTTE: Let me ask you, under your bill, would physicians now be duly licensed since they would be operating pharmacies, would they have to register with the state board of pharmacies and adhere to inspections and all of the rules and regulations with regard to operating a pharmacy?

SENATOR BOB DEUELL: No, they'd be under the regulations just as the Texas medical board as they are now with the medications that they use for immediate use such as injections of antibiotics or some other type of medication and giving samples.

SENATOR LETICIA VAN DE PUTTE: And let me ask you, how would under your bill as a practicing pharmacist now for 33 years, having owned my own pharmacies and now for the last, I guess, almost 15 years, worked in both hospital and in retail community and specialized pharmacy, knowing that on usually two to three times a week the pharmacies will get electronic communications from the wholesale distributors, from the Food and Drug Administration with regard to recalls and then it is under the obligation of the pharmacy that keeps track of the lot numbers and what has been dispensed, what responsibility under your bill does the physician have to adhere to the FDA recalls?

SENATOR BOB DEUELL: Same responsibility. If they were using one of the companies that prepackages the notification they would be notified via that company if they were buying directly from a wholesaler they would still be responsible for keeping track of the medication just the way that physicians do now with samples. We have to keep records of the samples we receive, we have to keep records of the distribution of those samples and we, you know, take that in the charts. I wouldn't see any difference whatsoever other than we would be prepurchasing the medications and we wold be doing exactly the same way as opposed to the manufacturers giving us the medication.

SENATOR LETICIA VAN DE PUTTE: With regard to your bill now allowing physicians to dispense medications and basically I guess operate pharmacies in their offices, how would the physician's employees if we have to operate under the rules and regulations, would now the receptionist or nurse have to be licensed as a pharmacy technician under state laws?

SENATOR BOB DEUELL: No.

SENATOR LETICIA VAN DE PUTTE: And if they're interacting with the patient with prescription how do you -- certainly, as a physician you do have the ability to give those but according to the state board of pharmacy it's the pharmacist and they are pharmacy technicians and as you know everybody that deals with the prescription has to also be licensed by the state board of pharmacy and cashiers and cashiers or store clerks and store clerks but the people that are the pharmacy technicians have to go through training and have to go to an exam. So does that mean now that an office receptionist for a physician's office would bypass that or would they have to now adhere -- how is state pharmacy law not adhered to unless the physician is doing this solely and all the recordkeeping themselves and all handling and distribution?

SENATOR BOB DEUELL: I don't think you would involve those people in the office. In Pennsylvania where I did my residency we had antibiotics that the practice bought in jars of a thousand, they were locked up, they were in a designated medication room and if we wanted to give the patient 40 pills of penicillin that they're on four times a day, we would go, we would get the 40 pills out of the jar, note the jar that it came out, the numbers, put them in an envelope, write the patients' names, hand them to the patient and of course document that in the chart. I think this would be the same way. We would have the prepackaged medications, they would be in a designated locked secured area and whatever the patient was given would be designated and noted in the chart and we also have a separate log in our office where for the samples and I think it would probably have to be written down that like -- and again this is not to turn medical offices into pharmacies, although I will say that the pharmacy industry is opposed to this but they're having medical clinics in their pharmacies with midlevel providers and all of that and I'm not doing this bill in retaliation for that but all of the questions that you're asking me about how we would do this medication dispensing distribution in the medical office, the exact same questions could be flipped over to that pharmacy, how do they run their medical clinic, which laws are they following, they're exactly the same.

SENATOR LETICIA VAN DE PUTTE: Well, Dr. Deuell, I am not familiar with that, what I am familiar with is community setting or a hospital setting and the -- although I have owned a pharmacy with the doctor's offices in the building and owned the building, it was a separate, totally separate operation. My question to you on this is how do we ascertain -- and I know you're very, very concerned with patient care as I am. Would this increase the liability of the physician since now the step for patients would be taken out and as a practicing pharmacist, sometimes pharmacists make errors, sometimes physicians make errors, sometimes physicians don't know that your patients are actually doctor shopping. It is the pharmacy point of service online adjudication where we can see where this person has had this drug with this doc and this drug with this doc and so we catch drug interactions, we catch wrong dosages, wrong medications, contrary medications. With the pharmacist being out of the loop and the relationship that you're proposing, does the liability of the physician increase given the fact that the physician would not know the drug interactions from other prescribing physicians since you wouldn't have an online adjudication with full patient profile, you would have access to the patient profile of the pharmaceuticals and the drugs that are used and dispensed and prescribed by that sole practitioner, what does this do to liability?

SENATOR BOB DEUELL: Well, physicians are liable for any medication they dispense from their office whether they're samples or injectables, we're responsible to keep adequate records and you're right, people do doctor shop, they also pharmacy shop, some of them as you well know are sophisticated enough to go to different pharmacies as well as different doctors. Most medical practices now are switching to electronic medical records, pretty much I rarely write a prescription anymore, I do it on computer. In fact I've done prescriptions from my cellphone which then goes into my records in Greenville. You know, we use Doctor First, we're getting ready to switch over to all scripts, that's doctor recorded, I don't think anything's fail safe but physicians who in the other 40 plus states that do this, they are responsible for what they do and if they make a mistake just like in any other area of practice they are responsible for that.

SENATOR LETICIA VAN DE PUTTE: Thank you, Senator Deuell. I have serious concerns about how this would operate. I know your intentions are great but I've also had some discussion with NFIB, National Federation of Independent Business, Texas Association of Business where there have been concerns. To your knowledge, have they brought any of these concerns to your office?

SENATOR BOB DEUELL: Well, the Texas Association of Business and I'm a chamber member so I assume at least an affiliate member of that, their letter seemed a little exaggerated in their concerns. I mean, there's abuses to any system, any profession and I think it was almost a -- I thought it was an exaggeration of the potential harm. This bill will be designed to actually deliver medications to patients at an efficient cost, perhaps even less cost. It will increase compliance, I have many elderly people that come to my office in a senior citizen bus and then I give them a prescription or e-mail it now and they can't get to the pharmacy because the bus won't take them to the pharmacy and some have friends or relatives that can take them to get the medication, few pharmacies deliver anymore, you remember those days. There's a few other. I do house calls, there's still some pharmacies that deliver and all that. But again what I see in my practice that there are people I'm either worried that they're not going to go. You know, the date about people getting prescriptions filled and then not taking them correctly and I see better compliance when you're putting somebody, perhaps reluctantly, on a high blood pressure medicine and you give them the bills there and then they pay for them and they have an investment, they're more likely to take them. And again I don't think the 40,000 practicing physicians in Texas are all going to want to do this. I think there are select physicians. It's legal in counties -- I forget what the population level was, I thought it was ten, some thought it was 30 that can do this but again I think it's a way to increase compliance and again it's just a tool to help physicians take better care of their patients and in fact pharmacies -- again, it's not intended to compete with pharmacies, there would be nothing to prevent a local pharmacy from working out something to let them be the supplier of the medications to be dispensed or distributed.

SENATOR LETICIA VAN DE PUTTE: I appreciate your desire and I know that you and I both agree on quality and patient care, it's just that I needed to raise these serious concerns and also the serious concerns that were mentioned not only by the pharmacy community but also NFIB and Texas Association of Business and I really appreciate that. I don't have any further questions except continuing concerns of how this new sort of relationship would be administered with regard to current pharmacy law and a lot of the insurance companies -- as you know most of our prescriptions are done on third party payers. Thank you, Dr. Deuell. I don't have any further questions. Thank you.

SENATOR BOB DEUELL: Move suspension, Mr. President.

SENATOR KEVIN ELTIFE: Thank you, Senator Van de Putte. Senator Deuell now moves suspension of the regular order of business to take up and consider Committee Substitute SB546. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 21 ayes, ten nays, the rule is suspended. The Chair lays out on second reading Committee Substitute SB546. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 546 relating to the dispensing of certain drugs by physicians.

SENATOR KEVIN ELTIFE: Senator Van de Putte, for what purpose?

SENATOR LETICIA VAN DE PUTTE: Yes, could I ask Senator Deuell if he would yield for some questions.

SENATOR KEVIN ELTIFE: Senator Deuell yield?

SENATOR BOB DEUELL: Sure.

SENATOR LETICIA VAN DE PUTTE: Senator Deuell, I understand that in the example that you'd given about antibiotics or blood pressure medication, why on earth would you want physicians to have the ability to have a Class II scheduled controlled substance?

SENATOR BOB DEUELL: Well, at times those medications are appropriate and needed. It's optional, physicians don't have to do it and it will be regulated by the Texas Medical Board. Again a lot of rural physicians deal with ranchers and farmers and they come in, they get injured on the job and they're having a lot of pain and those medications are needed, they don't want to make a long trip to the pharmacy to another town or some place so it might be beneficial, convenient to be able to have those in the office. I would not choose to do so living in Greenville but I think it would be up to the individual physician to decide what's best for their practice and what's best for their patients given those circumstances.

SENATOR LETICIA VAN DE PUTTE: Well, Dr. Deuell, I am extremely concerned on the amount of work that we've done trying to get the recordkeeping for our Class II substances, things that Senator Williams have worked on with regard to Oxycontin and hydrocodone.

SENATOR BOB DEUELL: And I supported that.

SENATOR LETICIA VAN DE PUTTE: I know, we all have supported that. But do you realize that your bill would allow a Class II substance, that Vicodin and all of that to be able to be dispensed directly from a physician office rather than from a pharmacy that's required to have it under lock and key to keep constant tablet by tablet inventory to report to the DEA to instantaneous transmission of the data to DPS. Your bill would allow a Class II substance to be given by the doctor.

SENATOR BOB DEUELL: But we would be under the same regulation, we're under those regulation now with injectable because I keep one type painkiller in my office, we keep it under lock and key, we have to document it, it's all regulated, any physician that would use Class II -- and I don't think there's going to be that many of them, if any, it's regulated by the medical board. It would be under the same laws we've all worked on to avoid abuse.

SENATOR LETICIA VAN DE PUTTE: And how would you assure compliance with under II which is, that's the highest level of narcotics for substance abuse without being totally banned so we're not talking about things like a Valium or an Ativan, Alprazolam, those are -- what we're talking about are Oxycontin, hydrocodone, all of the speed drugs that we call them, everything that has the highest potential for abuse, how would the physicians comply with instantaneous at the point of service transmittal of data to DPS as is required now?

SENATOR BOB DEUELL: I would think they would do it the same way a pharmacist does.

SENATOR LETICIA VAN DE PUTTE: Thank you.

SENATOR KEVIN ELTIFE: Thank you, Senator Van de Putte. Senator Deuell is recognized for a motion.

SENATOR BOB DEUELL: Thank you, Mr. President. I move to engrossment.

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

SENATOR KEVIN ELTIFE: 17 ayes, 14 nay, Committee Substitute SB546 passes to engrossment.

SENATOR BOB DEUELL: Okay. I think this prescription will have to wait another day. Thank you, Mr. President.

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

SENATOR BOB DEUELL: Mr. President, would it be appropriate for me to comment on the bill I just pulled down about intention for tomorrow?

SENATOR KEVIN ELTIFE: Sure, Senator Deuell.

SENATOR BOB DEUELL: After discussions with Dr -- Dr. Van de Putte -- Senator Van de Putte we're going to offer an amendment to take out Class II drugs, the narcotics, tomorrow take that off the bill.

SENATOR KEVIN ELTIFE: Thank you, Senator Deuell. Members, let's welcome Governor Perry to the floor of the Texas Senate. Senator Patrick, you ready on 1882? Senator Patrick, you're recognized for a motion to suspend the regular order of business on SB1882.

SENATOR DAN PATRICK: Thank you, Mr. President. SB1882 is a local bill creating Harris County improvement district No. 22, 85-acre district providing essential water services, drainage, recreation, road and parking facilities within the district. I move suspension of the regular order of business.

SENATOR KEVIN ELTIFE: Senator Patrick moves suspension of the regular order of business to take up and consider SB1882. Is there objection? Chair hears none, rules are suspended. Chair lays out on second reading SB1882. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 1882 relating to creation of Harris County improvement district No. 22.

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

SENATOR DAN PATRICK: I move to engrossment.

SENATOR KEVIN ELTIFE: Senator Patrick now moves passage to engrossment. Is there objection? The Chair hears none, Committee Substitute SB1882 is passed to engrossment. Senator Patrick, you're recognized for a motion to suspend the constitutional three day rule.

SENATOR DAN PATRICK: So moved.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

SENATOR KEVIN ELTIFE: 30 ayes, one nay, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute SB18182. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 1882 relating to creation of Harris County improvement district No. 22.

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

SENATOR DAN PATRICK: I move final passage.

SENATOR KEVIN ELTIFE: Senator patrick now moves final passage of Committee Substitute SB1882. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, Committee Substitute SB1882 is finally passed. Congratulations.

SENATOR DAN PATRICK: Thank you, Mr. President.

SENATOR KEVIN ELTIFE: The Chair signs in the presence of the Senate the following.

PATSY SPAW: Senate Bill 934, Senate Bill 1086, Senate Bill 1258, Senate Bill 1269, House Bill 905, House Bill 1808, House Concurrent Resolution 9, House Concurrent Resolution 104, House Concurrent Resolution 105, House Concurrent Resolution 106, House Concurrent Resolution 107, House Concurrent Resolution 108, House Concurrent Resolution 111, House Concurrent Resolution 112, House Concurrent Resolution 113, Senate Bill 1147, Senate Bill 257, Senate Bill 360, Senate Bill 396, Senate Bill 398, Senate Bill 410, Senate Bill 428, and Senate Bill 483.

SENATOR KEVIN ELTIFE: Senator Shapiro is recognized for a motion to suspend the regular order of business on Committee Substitute SB570.

SENATOR FLORENCE SHAPIRO: Thank you very much, Mr. President and members. I'd like to move to suspend the Senate's regular order of business to take up and consider Committee Substitute to Senate Bill 570 at this time. This is a bill that addresses the need for high quality induction and mentoring for Texas's beginning teachers. This new induction program is an intensive research based program that is sure to lead to positive results. It will establish standards for high quality inductions, this align current policies regarding certification, appraisal and accountability. It creates an advisory committee to develop induction standards and assist with induction grant program design to ensure the program's success in usefulness. It provides each beginning teacher with a support team consisting of a mentor, an administrator and a preparation program field supervisor and it also allows teacher preparation programs to play an active role in their beginning teacher induction. Members, there is $10 million in the budget for this induction and mentoring program and this bill will ensure that those funds are spent on useful and induction program which is not the case with the current mentoring statute. I move suspension of the Senate's regular order of business at this time.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Shapiro. Members, you heard the motion by Senator Shapiro, is there objection from any members? Chair clears no objection from any member and the rule is suspended. The Chair lays out on second reading Committee Substitute to Senate Bill 570. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 570 relating to beginning teacher induction and mentoring programs.

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

SENATOR FLORENCE SHAPIRO: Thank you, Mr. President and members. I move final engrossment of Committee Substitute to Senate Bill 570.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Shapiro. Members, you've heard the motion by Senator Shapiro, is there objection from any members? The Chair hears no objection from any member and Committee Substitute to Senate Bill 570 passes to engrossment. 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: Members, you have heard the motion by Senator Shapiro. The secretary will call the roll.

LT. GOVERNOR DAVID DEWHURST: There being ayes and two nays, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to Senate Bill 570. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 570 relating to beginning teacher induction and mentoring program.

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

SENATOR FLORENCE SHAPIRO: Mr. President, I move final passage of Committee Substitute Senate Bill 570 at this time.

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

LT. GOVERNOR DAVID DEWHURST: There being ayes and one nay, Committee Substitute to Senate Bill 570 is finally passed. Congratulations.

SENATOR FLORENCE SHAPIRO: Thank you very much, Mr. President and members.

LT. GOVERNOR DAVID DEWHURST: Thank you. The Chair recognizes Senator Ogden for a motion to suspend the Senate's regular order of business to take up and consider Committee Substitute to Senate Bill 1579.

SENATOR STEVE OGDEN: Mr. President, this is one of a series of bills that we're been considering on the floor concerning fiscal matters and fiscal clean up matters with respect to various articles in the state budget. Senate Bill 1579 addresses numerous issues under article one of the state budget. In article two of section 1579 would addresses the fiscal matters regarding leases in the state facilities, allows certain state facilities to charge for parking. In article three it eliminates some of the printing and distribution requirements for the secretary of state in article four it authorizes the attorney general to levy a fee to review state agency invoices for outside legal counsel. Under article five preservation of trust fund it allows moneys in that trust fund to be used by the Texas Historical Commission for operating expenses. Article six concerning information technology would clarify the appropriate expenditure revenue derived from the collection of fees imposed by the agency including to develop statewide information resource technology policies. The bill would also direct the comptroller of public accounts to transfer excess funds from the telecommunications revolving fund as certified by the Department of Information Resources to the credit of the general revenue fund. Article seven has a percent handling fee for processing unclaimed property, pay costs to unclaimed property claims. Article eight reduces state bar membership dues for the attorneys employed by the attorney general, basic exemption from paying the dues. Article nine increases the authority for the registration fee and registration renewal fee for lobbyists. Article ten allows assessment of fees of certain employees who use tobacco and participating health benefit programs. Article 11 consolidates regional poison control centers into the Texas poison control center with a designation of medical center affiliates. Article 12 authorizes the use of certain dedicated permanent funds in the state treasury and allows for the appropriation of earnings or money in the funds to pay debt service on secret bonds. This is basically tobacco fund assets are being used to pay debt service on secret bonds. Article 13 allows the Texas enterprise fund to be used for the Texas homeless housing and service program. And article 14 gives debt issuance authority of and funding for Cancer Prevention Research Institute of Texas. Members, there are several amendments to this bill. If you look at the fiscal note it says that estimated two year impact general revenue is a positive $38,769,000. I move suspension of the regular order of business.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Ogden. Members, you have heard the motion by Senator Ogden, is there objection from any member? The secretary will call the roll. Senator Davis, for what purpose do you rise?

SENATOR WENDY DAVIS: Mr. President, thank you. A question for the author of the bill.

LT. GOVERNOR DAVID DEWHURST: Will Senator Ogden yield?

SENATOR STEVE OGDEN: Yes.

SENATOR WENDY DAVIS: Senator Ogden, last week I guess it was when we took up the first of your fiscal matters bills, one of the concerns that was raised had to do with the broad language in article one of the bill and that continues through each of your fiscal matters bill. Question as to whether you took that out as an amendment to your other fiscal matters bill and I wondered if you were intending to do the same --

SENATOR STEVE OGDEN: My intention to do that, that will be the last amendment to bring up if this bill suspends to remove that broad provision.

SENATOR WENDY DAVIS: Okay. Thank you, Senator.

LT. GOVERNOR DAVID DEWHURST: Governor Perry, Governor Perry, I just wanted to mention we're right in the middle of a debate on a bill but have you had a moment to take a look at the shoes which two of our better dressed senators are wearing? Not only Senator Patrick but also Senator Royce West? Talking about Senator Davis' shoes? No. Actually, you're absolutely right, you're absolutely right. What I meant was two of our better dressed male senators. That's what I really meant to say. Senator Jackson, for what purpose do you rise?

SENATOR MIKE JACKSON: Will the gentleman yield?

SENATOR STEVE OGDEN: I yield.

LT. GOVERNOR DAVID DEWHURST: Will Senator Ogden yield?

SENATOR MIKE JACKSON: Thank you. I just had a question, Senator Ogden, on a couple of the items. I heard you say there were going to be several amendments that would be brought forward and my question is would any of the amendments that you have to be brought forward relate to article ten or article 13? And I guess specifically on 13 it looks like the enterprise fund unexpended balance I think is what is referred to here for funds to be used to include grants awarded under Texas homeless housing and service program.

SENATOR STEVE OGDEN: Yeah, well --

SENATOR MIKE JACKSON: Is that where that is coming from? The unexpended balance?

SENATOR STEVE OGDEN: No, sir. The article ten and article 13 are two completely different subject matters under the broad heading. Article ten has to do with an issue that we debated on the floor yesterday which is implementing a surcharge on employee retirement system health premiums for people who smoke.

SENATOR MIKE JACKSON: Correct.

SENATOR STEVE OGDEN: And as far as I know this is similar to the language that was in Senator Duncan's bill yesterday.

SENATOR MIKE JACKSON: So this is going to be belt and suspenders for that.

SENATOR STEVE OGDEN: I think that -- and Senator Duncan can correct that. I also believe that and I'm not aware of any amendment up there to address that article.

SENATOR MIKE JACKSON: Okay.

SENATOR STEVE OGDEN: There may be, but I didn't see it. Article 13 is an interesting idea which is permissive only and it deals with various programs in the state of Texas including one that I'm familiar with from San Antonio that basically works with homeless individuals to provide them medical treatment for their medical problems and then train them for jobs. And since the enterprise fund in the governor's office has been a job creating mechanism, what this article does is it doesn't require but it gives the governor's office permission to use enterprise funds for programs that basically hire, find jobs for homeless people under the fact -- under the theory that that's also creating jobs in Texas. So it's not moving any money, it's just giving a statutory permission to use whatever moneys appropriated for the enterprise fund for this purpose.

SENATOR MIKE JACKSON: Okay. And that decision, the permissive part of it would mean -- this is a question, I guess. Would the description that's permissive give the governor's office of economic development the authority to make that decision or would that decision be made by someone else in --

SENATOR STEVE OGDEN: No, it gives them the authority to make the decision and if they either didn't have the money or didn't want to do it, they don't have to.

SENATOR MIKE JACKSON: Okay. Thank you.

SENATOR STEVE OGDEN: One correction, Senator Jackson, Senator Jackson, I need to correct one answer. You asked me about article ten and I said it was similar to the provision that we debated yesterday in Senator Duncan's bill. It's not the same and I understand there's an amendment up there to basically make the language that he had in his bill yesterday conform to the language in here. So there is an amendment here on this issue.

SENATOR MIKE JACKSON: Okay. Would it be -- I guess one of the things that troubled me yesterday about the amendment that he had and you're saying that it's going to conform to what you had, there's no -- there's nothing that addresses other than someone shall determine how much that fee is. Is there -- we don't know how much that is, is there anything that would kind of put some parameters there or can they just kind of determine whatever amount they want to charge and there was also the question in my mind about how it would be determined whether or not you are telling the truth or not if you said you did smoke or you said you didn't smoke and if you participated in a smoking cessation program, would there be a window of time that you would have to prove that you had quit smoking before you would not have to be paying that surcharge? There were a whole lot of unanswered questions yesterday.

SENATOR STEVE OGDEN: Well, the question on the funding that fee can be determined in one of two ways. It can either be set in the general appropriations act according to this amendment so we can decide or if we decide not to decide, it is up to the employee retirement system to decide and I would assume that if employee retirement system has the decision making authority they would have the rule making authority that whether you participate in a tobacco cessation program or not what -- when you'd have to pay the premium.

SENATOR MIKE JACKSON: So it'd really be up to them which I think is what Senator Duncan's bill left that up to them so we'd really be just saying here's your ability to do this, you just come up with the amounts and the rules later and whatever they are that's what we'll just have to accept, so --

SENATOR STEVE OGDEN: Yes, sir.

SENATOR MIKE JACKSON: Okay. Thank you.

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

SENATOR RODNEY ELLIS: Ask a question of the author.

LT. GOVERNOR DAVID DEWHURST: Will Senator Ogden yield to Senator Ellis?

SENATOR STEVE OGDEN: I yield.

SENATOR RODNEY ELLIS: Senator Ogden, under article 12, I missed some of that and my notes show this bill will allow the use of settlement tobacco funds to make bond payments for a cancer prevention, for the Cancer Prevention and Research Institute. How does this differ from what we do with tobacco settlement funds now? What additional options would it give us from what we do with that money now?

SENATOR STEVE OGDEN: Well, you know there's about $3.2 billion in tobacco settlement funds and they're divided up into several -- in fact one could say many different subfunds but one of the largest, the permanent -- one of the largest funds that assist rural hospitals which I think is about 1.8 billion the distribution now is determined by the members hospitals and they get around and decide how much of that fund they want. The other funds outside that 1.8 billion basically in some case it's determined by the comptroller's office and other cases I believe it's determined by the actual earnings on the fund. I'm a little bit vague on the permanent health funds, we appropriate a number out of them but it's based on an estimate of what they're earning. What this does is different than that, is that it allows the state to draw down from those permanent funds enough money to pay the debt service on cancer bonds and the belief is that that money was originally paid into those endowments for the purposes of reducing health care cost caused by smoking and cancer research perfectly fits that intent and so we're just giving statutory authority to pay those cancer endowment funds to pay debt service on cancer prevention bonds.

SENATOR RODNEY ELLIS: I'm obviously going to be for any money going to the Cancer Prevention and Research Institute but I guess I'm trying to get at, would we -- is there an intent to reduce money that goes into the cessation, what would we be reducing, I know it's only an option but what is the likelihood, what area do you think we will reduce spending this money in now with this additional option? I'm assuming some thought has been given to it before this was just added.

SENATOR STEVE OGDEN: The answer is for the immediate two years, none. I guess if that money that we take out of the those funds reduces the principle in any significant way over in the future, then our ability to basically appropriate the interest on those funds could go down in my opinion slightly. But over the next two years we appropriate the money out of those permanent health fund endowments and appropriations bill, we're not changing that, we're just giving us the ability to draw down as necessary and, if you will, maybe from the corpus of these funds money to pay the debt service on these bonds.

SENATOR RODNEY ELLIS: It's a separate issue --

SENATOR STEVE OGDEN: My guess is it could have a impact but not over the next two years.

SENATOR RODNEY ELLIS: Is it your sense that we will continue to have to use bonds I mean obligations for cancer research or do you think at any point we're going to be doing that with general revenue, you know, the option is GR will have it if not issue bonds, I know the cost issue bonds is pretty expensive but --

SENATOR STEVE OGDEN: I would hope in the future we would be able to use general revenue. I mean, that was -- what we intended I believe when the voters of Texas approved us giving us authority $3 billion but you know the question was never asked to the voters should we use this. But I guess in the long run in the future it would be preferable to use general revenue yes.

SENATOR RODNEY ELLIS: I hope the members are catching what that would lead to, with all the effort going into research, we know the number one known cure, we've already discovered that reduction in smoking and to the extent we're going to have to issue bonds for the foreseeable future that cost is going to be considerably more what the voters thought than when they approved it because we probably as you were saying issue bonds and paying the debt service to do that. Thank you, sir.

LT. GOVERNOR DAVID DEWHURST: Members, the motion before us is the motion to suspend the regular order of business. The secretary will call the roll.

LT. GOVERNOR DAVID DEWHURST: Members, there being 28 ayes and three nays, the rule is suspended. The Chair lays out on second reading Committee Substitute to Senate Bill 1579. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 157 relating to state fiscal matters relate today general government.

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

PATSY SPAW: Floor amendment No. 1 by Ogden.

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

SENATOR STEVE OGDEN: Members, this is -- I want to make sure I don't make a mistake here. Members, this is changing the lobby fees and in the bill is introduced gave a range of between 100 and $200 and this amendment just changes it so that certain lobby fees are basically increased by 50 percent. In one case from 100 to 150, in another case from 50 to 75, in another case from 500 to 750. I move adoption of floor amendment No. 1.

LT. GOVERNOR DAVID DEWHURST: Members, you have heard the motion by Senator Ogden. Is there objection from any member? Chair hears no objection from any member and floor amendment No. 1 is adopted. The Chair lays out floor amendment No. 2 by Senator Ogden. The secretary will read the amendment.

PATSY SPAW: Floor amendment No. 2 by Ogden.

LT. GOVERNOR DAVID DEWHURST: And floor amendment No. 2 has been passed out to all the members. All right. The Chair recognizes Senator Ogden on floor amendment No. 2.

SENATOR STEVE OGDEN: Mr. President and members, this amendment addresses the issue that we talked about at length about the tobacco user premium deferential at ERS and this amendment conforms to the wording that was in the bill that Senator Duncan had on the floor yesterday and the purpose for the amendment is to make sure my bill doesn't conflict with his. I move adoption of floor amendment No. 2.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Ogden. Members, you heard the motion by Senator Ogden, is there objection from any member? The Chair hears no objection from any member and floor amendment No. 2 is adopted. The Chair lays out floor amendment No. 3 by Senator Ogden. The secretary will read the amendment.

PATSY SPAW: Floor amendment No. 3 by Ogden.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Ogden on floor amendment three.

SENATOR STEVE OGDEN: Mr. President and members, floor amendment No. 3 fixes a drafting error to ensure that the comptroller will allow the entirety of the following permanent funds to be utilized for secret debt service, permanent fund for tobacco health education, permanent fund for children and public health and the permanent fund for emergency medical services and trauma care --

SENATOR JOHN WHITMIRE: Mr. President, excuse me, will the Senator yield?

SENATOR STEVE OGDEN: Yes.

SENATOR JOHN WHITMIRE: Steve, your amendments are not numbered and I'm trying to keep up with you and I've got in my hand the one that's dealing with fees and you just brought up one as amendment No. 3. So where are we?

LT. GOVERNOR DAVID DEWHURST: I'm going to ask the secretary to read. This is floor amendment No. 3 and it starts off on line three it's paren one section 12.01 of the article and added section 4.03.105.

SENATOR JOHN WHITMIRE: I don't know if I even have that.

LT. GOVERNOR DAVID DEWHURST: Do you have that? Do the members have that?

SENATOR JOHN WHITMIRE: I've got one that says the legislature may appropriate money --

LT. GOVERNOR DAVID DEWHURST: Yes. On line five strike paren the legislature may appropriate money in the fund comma.

SENATOR JOHN WHITMIRE: Okay. Can I ask while I got your attention, I'm concerned about -- concerned -- I wanted to inquire about the fee changes, is that No. 1? I guess I missed that opportunity.

LT. GOVERNOR DAVID DEWHURST: You're asked --

SENATOR JOHN WHITMIRE: On line five it says the amount described by the general appropriations.

LT. GOVERNOR DAVID DEWHURST: Yes, on line five --

SENATOR JOHN WHITMIRE: It says --

LT. GOVERNOR DAVID DEWHURST: You're on floor amendment No. 3 has 23 lines. Floor amendment three has 23 lines.

SENATOR JOHN WHITMIRE: Okay. We've already adopted one and two in.

LT. GOVERNOR DAVID DEWHURST: Yes, yes, we have.

SENATOR JOHN WHITMIRE: Can I go ahead and ask a question about the one we've already adopted?

LT. GOVERNOR DAVID DEWHURST: If the Senator's willing.

SENATOR JOHN WHITMIRE: Is he willing? All right, well --

LT. GOVERNOR DAVID DEWHURST: I'm going to recognize you and will Senator Ogden yield?

SENATOR STEVE OGDEN: I'll yield.

SENATOR JOHN WHITMIRE: Steve, I'm sorry, I was talking to House members about a bill, what are these fees for that you're adjusting?

SENATOR STEVE OGDEN: The one that --

SENATOR JOHN WHITMIRE: It's your amendment No. 1, I think.

SENATOR STEVE OGDEN: Well, the amendment and it reads an amount approved by the general appropriation act not more than 200, not less than 100?

SENATOR JOHN WHITMIRE: Yeah.

SENATOR STEVE OGDEN: Those are lobby registration and fees and we're raising various lobby fees by 50 percent.

SENATOR JOHN WHITMIRE: Okay. That's fine. I'm just -- we're all sensitive to fees and I saw the adjustments and I wanted to make certain. It was probably good for everyone to have it brought to their attention. It's already gone on, but it's lobby fee and the adjustment.

SENATOR STEVE OGDEN: Yes, sir. There are several lobby fees and one we increased from 100 to 150 and one we increased from 50 to 75 and one we increased from 500 to 750.

SENATOR JOHN WHITMIRE: Okay. Thank you so much. Thank you, Mr. President.

LT. GOVERNOR DAVID DEWHURST: Members, the issue before us is the adoption of floor amendment No. 3. Senator West, for what purpose?

SENATOR ROYCE WEST: Just a question of the author.

LT. GOVERNOR DAVID DEWHURST: Will Senator Ogden yield to Senator West?

SENATOR STEVE OGDEN: I yield.

SENATOR ROYCE WEST: Steve, floor amendment No. 3. This is the 23 --

SENATOR STEVE OGDEN: This has to do with cancer bonds and the appropriation of money to pay for cancer bonds.

SENATOR ROYCE WEST: Okay. But what we're doing now and also saying notwithstanding the limitation requirements the legislature may appropriate money in the fund including the corpus and available earnings?

SENATOR STEVE OGDEN: Yes.

SENATOR ROYCE WEST: Including the corpus? So the corpus is how much right now?

SENATOR STEVE OGDEN: Well, I don't know the exact number of three different funds but it's well over a billion dollars.

SENATOR ROYCE WEST: Okay. And so you're saying that once this passes that we'll be able to take money from the corpus of the various funds also.

SENATOR STEVE OGDEN: If necessary.

SENATOR ROYCE WEST: If necessary.

SENATOR STEVE OGDEN: They might be earning enough money to do it. It's just in another way authorized legislative use for these funds and we have the ability to appropriate money out of these funds.

SENATOR ROYCE WEST: And I know we talked about that during finance in terms of the various finances that we were looking at and the amount that were in those various funds also. So this would give us the ability to look at using the corpus of these funds if we decided to do so.

SENATOR STEVE OGDEN: It's up to the appropriations bill and the legislature to do that.

SENATOR ROYCE WEST: All right. Thanks.

LT. GOVERNOR DAVID DEWHURST: Members, Senator Ogden moves the adoption of floor amendment No. 3. Is there objection from any member? The Chair hears no objection and floor amendment No. 3 is adopted. Chair lays out floor amendment No. 4 by Senator Nichols. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 4 by Nichols.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Nichols on floor amendment No. 4.

SENATOR ROBERT NICHOLS: Thank you, Mr. President and members. Section four of the bill 1579 allows the attorney general to charge a fee for the legal sufficiency review of the comprehensive development agreement. Several weeks ago we in the Senate passed out Senate Bill 731 which accomplishes the same thing. However the one that we had passed out before had already been debted a little bit more through the committee process. This amendment basically just modifies what Senator Ogden had in his bill to reflect Senate Bill 731 we passed out and basically it does three things. It states that the fee may not be a percentage of the overall cost of the CDA as we have agreed in the committee amendment, establishes a time limit of 60 days for which a review must be accomplished by the attorney general and it also states that the fee may not exceed original attorney fees charged for similar legal services in the sector and I have discussed this with Senator Ogden. Thank you.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Ogden on floor amendment four.

SENATOR STEVE OGDEN: It's acceptable to the author. Thank you.

LT. GOVERNOR DAVID DEWHURST: Members, Senator Nichols moves adoption of floor amendment No. 4. It's acceptable to Senator Ogden, is there objection from any member? The Chair hears no objection from any member and it's adopted. Chair lays out floor amendment number five by Senator Wentworth. The secretary will read the amendment.

PATSY SPAW: Floor amendment No. 5 by Wentworth.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Wentworth on floor amendment No. 5.

SENATOR JEFF WENTWORTH: Mr. President, if that section left in exempts lawyers that work for the attorney general's office from paying bar dues. I think that's inappropriate and I'd like to amend by striking article eight of the bill so that lawyers that work for the attorney general's office pay bar dues just like everybody else. I move adoption of floor amendment No. 5.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Ogden on floor amendment five.

SENATOR STEVE OGDEN: Members, I want you to listen to this debate, I do not object to this amendment but it's in my bill and he's trying to take it out, why would I do that? The attorney general currently pays the bar dues for attorneys that work in the attorney general office, the individual attorneys do not pay their bar dues, I guess that's one of the benefits for working for probably lower pay than they can make on the outside. And as a cost saving measure, it was suggested to us that we would basically not continue to ask or allow the attorney general to pay the bar dues for the attorneys. Senator Wentworth feels like that all attorneys ought to pay their bar dues. It's your call, members. We'll leave it up to the will of the Senate.

SENATOR JEFF WENTWORTH: Mr. President, the --

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Wentworth to close.

SENATOR JEFF WENTWORTH: Mr. President, this exemption if allowed would allow the attorneys that work for the attorney general's office to be the only lawyers in Texas under age 70 that would be exempt from statute from paying bar dues. As government lawyers they're already exempt and I think this may come as a surprise to some of us, they're already exempt from the 200-dollar occupational tax and a 65-dollar legal service fee that's imposed on private sector lawyers. There are other options I think to take care of this. It's true that the state including the AEG's office is unable to pay its attorneys the high salaries that many of them actually deserve but according to the state bar's most recent salary survey 1/3rd of the lawyers in the private sector in Texas make less money than the assistant attorney's general. I think state bar of Texas dues revenue is important because it's used to fund required programs. State bar of Texas gets no general revenue support, they're supported by the state bar dues. Let me give you an example, if we're going to exempt assistant attorney generals, why don't we exempt assistant district attorneys or assistant county attorneys or lawyers that work for legal aid or lawyers who are temporarily unemployed or that group. I think this is a very slippery slope when we begin exempting a whole class of lawyers from paying their state bar dues.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Senator Duncan, did you wish to be recognized on this?

SENATOR ROBERT DUNCAN: Well, a question of the author of the amendment. I've struggled with this because I know we're trying to cut costs over there and I do know the state bar needs the support as well because it not only provides programs that assist lawyers but also does the disciplinary process for professionals in the legal system. I am wondering if you would, since this is a shortfall year, I'm wondering if we -- instead of striking this if we just gave them a two year -- since we're cutting everybody's budget this session if we gave them a two year reprieve as opposed to a full permanent exemption from the bar dues.

SENATOR JEFF WENTWORTH: Well, from my standpoint that would be an improvement over leaving such an aid in the bill but I'd prefer it the way it is.

SENATOR ROBERT DUNCAN: Well, if yours doesn't go on, then I would ask you to help me with that.

SENATOR JEFF WENTWORTH: Mr. President, I move adoption of floor amendment No. 5.

SENATOR JOHN WHITMIRE: Mr. President.

LT. GOVERNOR DAVID DEWHURST: Senator Whitmire, for what purpose?

SENATOR JOHN WHITMIRE: Will Senator Wentworth yield?

SENATOR JEFF WENTWORTH: Happy to yield to Senator Whitmire.

SENATOR JOHN WHITMIRE: How many -- I might have missed it but how many attorneys are we talking about under your amendment?

SENATOR JEFF WENTWORTH: I don't have the exact number of attorney generals but there are -- my guess around the state there are probably several hundred but the exact number I'm not certain of.

SENATOR JOHN WHITMIRE: How much money are we talking about then?

SENATOR JEFF WENTWORTH: Senator Ogden may know that, I don't know.

SENATOR JOHN WHITMIRE: As broke as we are, why are we not --

SENATOR JEFF WENTWORTH: I'm being told there are 700 assistant general attorneys.

SENATOR JOHN WHITMIRE: I guess that didn't -- yeah, that's an interesting question. Do these dues go to the state bar appropriations or the state?

SENATOR JEFF WENTWORTH: I didn't understand your question.

SENATOR JOHN WHITMIRE: Where do these fees go to? Where does this license fee go to? Bar dues?

SENATOR JEFF WENTWORTH: Bar dues go to the state bar of Texas and general revenue, general revenue does not support the state bar of Texas. The state bar of Texas is supported by their bar dues --

SENATOR JOHN WHITMIRE: So why are we getting involved at all?

SENATOR JEFF WENTWORTH: It supports not only professional development programs but also the state bar disciplinary program statewide.

SENATOR JOHN WHITMIRE: Oh, I'm sorry, you're trying to make them pay.

SENATOR JEFF WENTWORTH: Yes, sir, I believe they ought to pay just like you and I pay.

SENATOR JOHN WHITMIRE: You know, I'm sorry I got two or three projects going on over here. I concur with you and I'm shocked that Senator Ogden is not wanting to collect the money. I thought you were the fee man, I thought you were the fee and revenue, nontax revenue man. Did you come to work with a different attitude this morning?

SENATOR STEVE OGDEN: Mr. President, can I be recognized to defend myself.

SENATOR JEFF WENTWORTH: Mr. President, once again I urge adoption of floor amendment No. 5.

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

SENATOR FLORENCE SHAPIRO: Question of the author of the amendment.

SENATOR JEFF WENTWORTH: Happy to yield to Senator Shapiro.

SENATOR FLORENCE SHAPIRO: A question on your amendment and I'm for your amendment, if the question on your amendment is that the money is going to be taken out of the AG's office and their current budget, why is it that we don't ask the attorneys in the AG's to pay their own bar dues, that's what all of you do. Why are we saying that the attorney general's office has to pick up --

SENATOR JEFF WENTWORTH: Well, I don't know why and I don't believe we should. There are already government lawyers and I just learned this recently, government lawyers do not pay the occupational tax which is a couple of hundred dollars. They're already exempt to that and now if we leave section eight in here they'll be exempt from paying their bar dues and somebody asked the question what are the bar dues. The bar dues are graduated depending on the number of years you have been licensed. If you're a young lawyer you have been licensed to a year or two, I think it's close to $90. Then it's like two to five years it's about $135. If you're like most of us on this floor that are lawyers it's $235 a year.

SENATOR FLORENCE SHAPIRO: Right. My question would be though if in fact Senator Ogden is feeling the pressure of the budget, why do we -- if we just take it out in the amendment and send it back to the way it is which is the AG's office paying for it and it's 150,000 out of their budget, why don't we say also the attorneys pay their own bar dues rather than the AG's office having to foot the bill?

SENATOR JEFF WENTWORTH: I'm for the attorneys paying their own bar dues.

SENATOR FLORENCE SHAPIRO: Okay. Thank you.

SENATOR JEFF WENTWORTH: Thank you.

SENATOR JOHN WHITMIRE: Mr. President, will the gentleman yield?

SENATOR JEFF WENTWORTH: I'm happy to yield to Senator Whitmire.

SENATOR JOHN WHITMIRE: I believe that we also in the budget did away with our continued education requirements in attempt to save money, Senator Ogden that's in the budget or was that a separate piece of legislation? You remember the discussion in finance that we would not require assistant AG's to do continuing education like other attorneys have to for an attempt to save money, which I thought at the time if we need continuing education they probably need continuing education. Anyway I think everyone understands the issue. Good amendment.

SENATOR JEFF WENTWORTH: Thank you, Senator Whitmire. I move adoption of floor amendment No. 5, Mr. President.

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

LT. GOVERNOR DAVID DEWHURST: Members, there being 24 ayes and seven nay, the floor amendment is adopted.

SENATOR JOHN WHITMIRE: Mr. President.

LT. GOVERNOR DAVID DEWHURST: Senator Whitmire, for what purpose?

SENATOR JOHN WHITMIRE: Would it be appropriate to get an update on our redistricting efforts that maybe we don't need to go to the redistricting board because it just occurred to me that this is Avis amendment and he is on the redistricting board. So can we get real serious about passing a Senate plan? Or can I move to reconsider?

LT. GOVERNOR DAVID DEWHURST: I think that would be a good idea. The Chair lays out the following floor amendment. Familiar amendment No. 6 by Senator Estes. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 6 by Senator Estes.

SENATOR CRAIG ESTES: Thank you, Mr. President and members. Members, this amendment was brought to me by the attorney general's office. The purpose impact of amending this is to exempt full time attorneys employed by the office of attorney general from the state's current mandatory continuing legal education requirements for a period of four years and allow the AG's office to provide this training in house. Members, this does three things. It only exempts attorneys employed by the office of attorney general from continuing legal education. It sunsets January 1st, 2016, and it states that the office of the attorney general shall provide its attorneys for in-house training, and Senator Duncan has an amendment to my amendment that shortens the sunset provision in this amendment to -- and in two years and I intend to accept that amendment to the amendment. So if there's no questions, I move adoption of amendment six.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Estes. The following floor amendment. The Chair lays out the following floor amendment. The secretary will read the following floor amendment six which is an amendment to the floor amendment No. 6 by Duncan. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 7 by Duncan.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Duncan on floor amendment seven.

SENATOR ROBERT DUNCAN: Thank you, Mr. President and members. This just moves the sunset date back to just a two year sunset date. I understand the reason this came up in the first play was because of the budget shortfalls and budget cuts but continuing legal education provided by the state bar is quite frankly some of the best continuing legal education there is. It's good for the professional development to have all lawyers -- while an in-house program can be effective, I think the programs provided by the state bar provide a well rounded continuing legal education for professionals and I think in the long run we wouldn't want our attorneys exempt from that but in the short run this will make it for two years and help them through the budget cycle. So with that I move adoption -- unless there are questions I move adoption of amendment No. 7 to amendment No. 6.

SENATOR CRAIG ESTES: The amendment is acceptable to the author, the amendment to the amendment and I neglected to mention that what we're doing here saves our budget bill $430,000.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Estes. Members, Senator Duncan moves adoption of floor amendment No. 7 which amends floor amendment No. 6. It's acceptable to Senator Estes. Is there objection from any member? The Chair hears no objection from any member and floor amendment No. 7 is adopted. The Chair recognizes Senator -- the Chair recognizes Senator Estes for a motion on floor amendment six as amended.

SENATOR CRAIG ESTES: I move adoption.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Ogden on floor amendment six as amended.

SENATOR STEVE OGDEN: It's acceptable to the author.

LT. GOVERNOR DAVID DEWHURST: Members, you have heard the motion on floor amendment No. 6, it's acceptable to Senator Ogden, is there objection from any member? The secretary will call the roll.

LT. GOVERNOR DAVID DEWHURST: Members, there being 29 ayes and two nays, floor amendment No. 6 as amended by floor amendment No. 7 is adopted. Chair lays out floor amendment No. 8 by Senator Hinojosa, secretary will read the amendment.

PATSY SPAW: Floor amendment No. 8 by Hinojosa.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Hinojosa on floor amendment No. 8.

SENATOR JUAN HINOJOSA: Thank you, Mr. President and members. Floor amendment No. 8 deals with the regional pain center controls and efficiency. This would amend article 11 of the bill it would authorize the commission on state emergency communications to standardize the operation for the regional poison control centers for implementation for required management controls in order to bring efficiency to its operation as a network. This amendment supports 2.3 million cost savings already in effect in the commission appropriations under the Senate version of the budget. It provides the commission the ability to ensure that the centers and network maintain accreditation of the American Association of Poison Control Centers as required under the Senate version and I think it's acceptable to the author, Senator Ogden. It doesn't reduce the $2.3 million saving that we had in the budget.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Ogden on floor amendment No. 8.

SENATOR STEVE OGDEN: It's acceptable.

LT. GOVERNOR DAVID DEWHURST: Members, Senator Hinojosa moves adoption of floor amendment No. 8. It's acceptable to Senator Ogden, is there objection from any member? The Chair hears no objection from any member and the amendment is adopted. Chair lays out floor amendment No. 9 by Senator Watson, secretary will read the amendment.

PATSY SPAW: Floor amendment No. 9 by Watson.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Watson to explain floor amendment No. 9.

SENATOR KIRK WATSON: Thank you, Mr. President. Members, this amendment would simply clarify that money from the Texas enterprise fund may be used for jobs and education for the Texans program. A successful job training program in the state. This amendment would not appropriate any funds to the program. I move adoption.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Ogden on floor amendment No. 9.

SENATOR STEVE OGDEN: It's acceptable.

LT. GOVERNOR DAVID DEWHURST: Members, Senator Watson moves adoption of floor amendment No. 9, it's acceptable to Senator Ogden, is there objection from an members? Chair hears no objection from any member, floor amendment No. 9 is adopted. Chair lays out floor amendment No. 10 by Senator Lucio. Secretary will read the amendment.

PATSY SPAW: Floor amendment number 10 by Senator Lucio.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Lucio on floor amendment No. 10.

SENATOR EDDIE LUCIO: Thank you, Mr. President. Members, the Texas legislature created the sunset advisory commission to identify the -- and eliminate waste, duplication and efficiency in federal agencies. The commission questions the need for each agency, looks for potential duplication of over public services or programs and considers new and innovative changes to improve each agency's operation and activities. This process has worked well since the commission's inception except in one area, software development. Most state agencies have some form of a software development department. These departments are responsible in creating agencies specific software to help increase efficiency in the workplace. The problem is most of the software's main functions may have already been developed by another agency. This lack of communication and cross training has led to state agencies quote reinventing the wheel unquote by duplicating the same work which was already established by another state agency. This amendment would solve this issue. The amendment will consolidate all of the state's software development departments from state agencies into one administrative department under DIR resulting in the $17 million of dollars of savings over the next five years. With the sharing of knowledge and use of software development tools, state agency will find their software needs being delivered quicker and cheaper than currently received. Let me finish by letting every member know it is my legislative intent with this amendment that this consolidation will not be used to favor any vendor. This is strictly an amendment to promote efficiency in state government and should not be used in any other way. Move adoption.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Ogden on floor amendment -- first let me go to -- I see some other questions so if you'll hold just a moment. Senator Duncan, for what purpose do you rise, sir?

SENATOR ROBERT DUNCAN: Question of the author.

LT. GOVERNOR DAVID DEWHURST: Will Senator --

SENATOR EDDIE LUCIO: I yield.

SENATOR ROBERT DUNCAN: Now, Senator, what does this do? I'm trying to understand.

SENATOR EDDIE LUCIO: It saves money.

SENATOR ROBERT DUNCAN: Well, okay. But how does it --

SENATOR EDDIE LUCIO: Save money?

SENATOR ROBERT DUNCAN: No. Technically I'm trying to understand what we're doing to the DIR system here and I don't understand how this works.

SENATOR EDDIE LUCIO: We're putting all the programmers in one room, we're consolidating them.

SENATOR ROBERT DUNCAN: Okay. We have consolidated centers already in Austin and San Angelo. What does this do with regard to those?

SENATOR EDDIE LUCIO: It doesn't do anything to them.

SENATOR ROBERT DUNCAN: Has this been bedded in a committee? And the only reason I'm asking is that a few years ago we made a major reform in the way we purchase and manage our IT in Texas and there have been some issues and problems with that and what we're trying to do is make sure that we get that back on track and I'm concerned about putting an amendment on a bill that hasn't -- that deals with that and may impact that without it being bedded and without hearing from the different agencies and DIR and others about how this would impact that agency and the rest of them so that's my concern.

SENATOR EDDIE LUCIO: And I need to give you a short answer to my amendment, it to improve efficiency, I want to save money. You know, $17 million might not mean a lot but it could mean an educational program, it could mean money for health and human services or other governmental functions that will go a long way in serving the people of Texas. But you know we're looking at efficiency, we're looking at saving money and I think that's what fiscal matters is all about, Senator.

SENATOR ROBERT DUNCAN: Well, I'm looking at this one amendment and I'm not necessarily speaking against it at this point in time, I'm just saying that I don't understand it.

SENATOR EDDIE LUCIO: Well, this saves money --

SENATOR ROBERT DUNCAN: Hang on. This a pretty big dispute. There is a lot of pieces that work together and what we're taking, we're adding an amendment here that talks about software development hosting and management and that's a pretty big broad subject and this may be a good thing, I'm just not sure what it does and I'd like to -- if you could postpone this amendment until the end of this bill so that we could vet it I would appreciate it unless we're at the end of the bill. I don't know if we are or not.

SENATOR EDDIE LUCIO: At the request, Mr. President, the request of Senator Duncan, I'm sure Senator Ogden has the same thing in mind, I'd like to go ahead and postpone this amendment until the end of the bill and take it up at the end of the bill.

LT. GOVERNOR DAVID DEWHURST: All right. Members, Senator Lucio temporarily withdraws floor amendment No. 10. We've got two more amendments to go so it's not a long time.

SENATOR EDDIE LUCIO: Okay, thank you.

LT. GOVERNOR DAVID DEWHURST: The Chair lays out floor amendment ten by Senator -- 11. The Chair lays out floor amendment No. 11 by Senator Patrick. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 11 by Patrick.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Patrick on floor amendment No. 11.

SENATOR DAN PATRICK: Thank you, members and Mr. President and Senator Ogden. Amendment 11 says for unclaimed property over $100 the state would impose a 10 percent fee which I understand processing fee it takes employees to handle that, however I would like to at least have a cap on that to exceed $1,000 that's for someone who found unclaimed property of $10,000. I'd hate to see someone who actually -- there's unclaimed property for some reason beyond that that the state is taking 10 percent of the higher values. I believe most of the unclaimed are way below that but I just want to put a cap.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Ogden on floor amendment 11.

SENATOR STEVE OGDEN: It's acceptable.

LT. GOVERNOR DAVID DEWHURST: Members, the issue before us is the motion by Senator Patrick of adoption of floor amendment 11. It's acceptable to Senator Ogden. Is there objection from any member? The Chair hears no objection from any member and floor amendment No. 11 is adopted.

SENATOR DAN PATRICK: Thank you, Mr. President.

LT. GOVERNOR DAVID DEWHURST: Thank you. The Chair lays out floor amendment No. 12 by Senator Ogden. The secretary will read the amendment.

PATSY SPAW: Floor amendment No. 12 by Ogden.

SENATOR STEVE OGDEN: Mr. President and members, if we adopt this amendment I think we pour out Senator Lucio so has he made up, have you gotten it resolved yet? I would -- at the request of the Senator Lucio to temporarily postpone his amendment I think my request is would we recognize him and ask him if he wants to run with it or not?

LT. GOVERNOR DAVID DEWHURST: All right. The Chair recognizes Senator Lucio on floor amendment No. 10.

SENATOR EDDIE LUCIO: Thank you, Mr. President. Mr. President and members, the reason I brought this amendment up is because we have been trying so hard especially in the committee of finance and the subcommittees on public education and health care taking place and the others to try to bring expediency and try to bring transparency, to try to consolidate where we consolidate and make sure that we know what the left arm hand is doing while the right hand is working. And I will pull down this amendment at this time. This is a very serious amendment, a very serious attempt to consolidate all the software development departments that will save state agencies -- the state and the agencies by reducing cost and time and dollars spent. So I would hope we would take a very serious look at these procedures that are taking place in these state offices between now and the next legislative session. I will go ahead and pull down this amendment at this time.

LT. GOVERNOR DAVID DEWHURST: Members, Senator Lucio withdraws floor amendment No. 10. The Chair recognizes Senator Ogden on floor amendment No. 12.

SENATOR STEVE OGDEN: Mr. President and members, this amendment reduces the broad authorizations that are in article one of this bill and this is the question that Senator Davis had asked me and I've already agreed that to take it out of the bill so I move adoption of floor amendment No. 12 which basically reduces the broad and unspecified authority that we gave all state agencies in article one.

LT. GOVERNOR DAVID DEWHURST: Members, Senator Ogden moves the adoption of floor amendment No. 12. Is there objection from any member? The Chair hears no objection from any member and floor amendment number 12 is adopted. Chair recognizes Senator Ogden for a motion.

SENATOR STEVE OGDEN: Mr. President and members, I move passage to engrossment of Committee Substitute to Senate Bill 1579.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Members, you heard the motion by Senator Ogden, is there objection from any member? The Chair hears no objection and Committee Substitute to Senate Bill 1579 passes to engrossment. Chair recognizes Senator Ogden for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR STEVE OGDEN: I move that we suspend the constitutional three day rule to take up and consider Committee Substitute to Senate Bill 1579.

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

LT. GOVERNOR DAVID DEWHURST: There being ayes and four nays, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to Senate Bill 1579. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1579 relating to state fiscal matters related to general government.

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

SENATOR STEVE OGDEN: Mr. President and members, I move final passage of Committee Substitute to Senate Bill 1579.

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

LT. GOVERNOR DAVID DEWHURST: Members, there being 28 ayes and three no's, Committee Substitute to Senate Bill 1579 is finally passed. Senator Lucio. Members, we're pausing just for a moment because our board is down, our computer system is down, so if you'd bear with us just for a moment. I've just been notified by our secretary that she's fixed it so we're back up. Okay. Maybe I exaggerated, she didn't fix it but her fine staff fixed it. The Chair recognizes Senator Ogden for a motion to suspend the regular order of business to take up and consider Committee Substitute to Senate Bill 1583.

SENATOR STEVE OGDEN: Mr. President and members, Committee Substitute for Senate Bill 1583 addresses fiscal matters with regards to article five and article seven agencies in the state budget. Specifically in article two regarding the Alcoholic Beverage Commission article two would repeal section 5.56 of the click beverage code eliminating current transfer of $250,000 per fiscal year from the TABC to the Texas Department of Agriculture for wine, marketing assistance. Article three fiscal matters regarding driver's license system, the following fee language from proposed Senate Bill 9. This is the fee language we've already passed that Senator Williams passed the other day in Committee Substitute to Senate Bill 9, it's also on this bill as Senator Jackson would say hitching a ride and the fiscal matters in article four, fiscal matters related to automobile theft, burglary and prevention authority. It basically doubles the fee levied on insurance policies from 1 dollar to $2. The appropriations bill appropriates half of that money and restores the auto theft and burglary task force. I move suspension of the regular order of business.

LT. GOVERNOR DAVID DEWHURST: Senator Davis, for what purpose?

SENATOR WENDY DAVIS: If I can get all the books off my desk.

LT. GOVERNOR DAVID DEWHURST: I know. Be careful, don't trip.

SENATOR WENDY DAVIS: Senator Ogden, you may have said this and I missed it but is it your intention to also offer an amendment striking article one of this bill?

SENATOR STEVE OGDEN: Yes, ma'am, it is. In order to alleviate your concern it is not going to be my intention on any of these, I'll tell you.

SENATOR WENDY DAVIS: All right. Thank you Senator.

SENATOR STEVE OGDEN: But it's my intention once we've gone through the amendment process to eliminate that section on every fiscal matters bill remaining and if there's going to be a change to that I'll say it.

SENATOR WENDY DAVIS: Thank you, Senator.

LT. GOVERNOR DAVID DEWHURST: Members, you heard the motion by Senator Ogden, is there objection from any member? Chair hears no objection from any member and the rule is suspended. Chair lays out on second reading Committee Substitute to Senate Bill 1583. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 1583 relating to state fiscal matters.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator -- the Chair lays out floor amendment No. 1 by Senator Watson. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 1 by Watson.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Watson on floor amendment No. 1.

SENATOR KIRK WATSON: Thank you, Mr. President, members, this amendment sunsets the increase to the automobile burglary and theft prevention authority fees that Senator Ogden talked about. The ABTP program was zeroed out in the introduced version of the budget despite the significant savings the program represents to the state and individuals. Senator Ogden pointed out to salvage the program the fee is doubled and the increased revenue will fund the ABTP. By funding this amendment it will force the 83rd legislature to reconsider the sweeping under the funds consolidation of the original fee intended to fund this important program and I believe it's acceptable to chairman Ogden.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Ogden on floor amendment No. 1 to.

SENATOR STEVE OGDEN: : Amendment's acceptable.

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

PATSY SPAW: Floor amendment No. 2 by Ogden.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Ogden on floor amendment No. 2.

SENATOR STEVE OGDEN: Mr. President and members, this is the amendment that I discussed with Senator Davis it strikes the broad grand of authority in section one of this bill by eliminating article one. I move adoption of floor amendment No. 2.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Ogden. Members, you heard the motion by Senator Ogden, is there objection from any member? Chair hears no objection and floor -- Senator Whitmire, did you wish --

SENATOR JOHN WHITMIRE: Yes, sir. Will the gentleman yield?

SENATOR STEVE OGDEN: Yes, sir.

SENATOR JOHN WHITMIRE: I voted against it in committee because of my concern about doubling the auto theft prevention fee from 1 dollar to two even though you only intend to use half of it. Would it be your intention or thought that it goes into general revenue the increase and then be used to support these licensing stations and driver's license improvement? I mean, I just have a concern if you're asking people to pay a fee on their insurance for auto theft but it's only going to be halved, used some rationale for doubling and it and placing it in general revenue.

SENATOR STEVE OGDEN: : The -- Senator Watson just amended that section to sunset that over the next two years so the rationale is we need the money.

SENATOR JOHN WHITMIRE: And in two years it will go back to 1 dollar.

SENATOR STEVE OGDEN: Yes.

SENATOR JOHN WHITMIRE: What?

SENATOR STEVE OGDEN: Yes.

SENATOR JOHN WHITMIRE: And so in two years we'll see --

SENATOR STEVE OGDEN: In two years it will go back to a dollar.

SENATOR JOHN WHITMIRE: Okay. For me if you ask someone for the money it ought to go to the intended purpose but I'm trying to understand that it will work its way back int those areas of state government that deal with traffic and cars and automobiles and might actually go to border security where you might apprehend arrest thefts.

SENATOR STEVE OGDEN: We can do that. We can do that with a --

SENATOR JOHN WHITMIRE: Just as you go if go through the process it would be nice if that money was designated at some point in border security surveillance or apprehension of car thieves and then I think it would be more consistent with why you're collecting the money.

SENATOR STEVE OGDEN: I'll try to do that in conference.

SENATOR JOHN WHITMIRE: I won't go there.

SENATOR STEVE OGDEN: Yeah, because you won't be there.

SENATOR JOHN WHITMIRE: I just want -- it's at the tip of my tongue, you want it to go to Congress because obviously I wasn't invited. There's no intention to be -- for me to be other there with you. I'll talk to the other 18 senators that will be with you.

LT. GOVERNOR DAVID DEWHURST: Members, Senator Ogden moves is the adoption of floor amendment No. 2. Is there objection from any member? Chair hears-month objection from any member and floor amendment No. 2 is adopted. Chair recognizes Senator Ogden for a motion.

SENATOR STEVE OGDEN: Mr. President and members, I move passage to engrossment of Committee Substitute to Senate Bill 1583.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Members you heard the motion by Senator Ogden. Is there objection from any member? Chair hears no objection from any member and Committee Substitute to Senate Bill 1583 passes to engrossment as amended. The Chair recognizes Senator Ogden for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR STEVE OGDEN: So moved.

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

LT. GOVERNOR DAVID DEWHURST: Our board is different from your board. There being 25 ayes and six nays, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to Senate Bill 1583 as amended. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1583 relating to state fiscal matters.

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

SENATOR STEVE OGDEN: Move final passage of Committee Substitute to Senate Bill 1583.

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

LT. GOVERNOR DAVID DEWHURST: Members, there being 25 ayes and six nays, Committee Substitute to Senate Bill 1583 as amended is finally passed. Congratulations. Members I'm advised by the parliamentarian that this is the last bill for today. The Chair recognizes Senator Ogden for a motion to suspend the constitutional rule that bills be -- oops, a little tired. The Chair recognizes Senator Ogden for a motion to suspend the Senate's regular order of business to take up and consider Committee Substitute to Senate Bill 1584.

SENATOR STEVE OGDEN: Mr. President and members, this is the article six fiscal matters bill and article two. It is relating to the animal health regulations allows the Texas Animal Health Commission by rule to said and collect fee for service provided. Article three extends the petroleum industry product delivery fee past August 31st, 2011. Article four relates to funding for state sites and article five regards -- gives parks and wildlife the authority to enter into agreements and partnerships to private entities to raise money and the most significant part of this bill in my opinion is article six it gives Railroad Commission the authority to levy fees in order to run the agency and it's similar to the fee provisions that are in the sunset bill that is currently over in the House. I move to suspend the regular order of business.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Members, you heard the motion by Senator Ogden, is there objection from any member? Chair hears no objection from any member and the rule is suspended. The Chair lays out on second reading Committee Substitute to Senate Bill 1584. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1584 relating to state fiscal matters in the environment.

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

PATSY SPAW: Floor amendment No. 1 by Ogden.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senate Ogden on floor amendment No. 1.

SENATOR STEVE OGDEN: Mr. President and members, this amendment clears up any ambiguity in the law with respect to pipeline safety fees and it allows that fees that are collected to also be used not only for pipeline safety but also to regulate pipelines. I move adoption of floor amendment No. 1.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Members, you heard the motion by Senator Ogden, is there objection from any member? The Chair hears no objection from any member and floor amendment No. 1 is adopted. The Chair lays out floor amendment No. 2 by Senator Seliger. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 2 by Senator Seliger.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Seliger on familiar amendment two.

SENATOR KEL SELIGER: Thank you, Mr. President. Sunset commission recommends that the Railroad Commission become self-funded or fee funded. Committee Substitute to Senate Bill 1584 allows for this and also gives them authority to assess a surcharge and fees. The amendment requires a cap on the maximum surcharge that the commission is allowed to charge in addition to its fees. Surcharge may not exceed 185 percent of the fee for which is being assessed. This does not cost the bill.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Ogden on floor amendment No. 2.

SENATOR STEVE OGDEN: It's acceptable.

LT. GOVERNOR DAVID DEWHURST: Members, Senator Seliger moves adoption of floor amendment No. 2. It's acceptable to Senator Ogden. Senator Hegar, for what purpose do you rise?

SENATOR GLENN HEGAR: Just to ask Senator Seliger a question.

LT. GOVERNOR DAVID DEWHURST: Will Senator Seliger yield?

SENATOR GLENN HEGAR: The 185 percent cap on this, did -- I was trying to remember, will this bill allow Railroad Commission raise enough money in order to fund the programs because I know we're talking about putting the funding structure that was in the railroad bill in this bill and then these amendments are dealing with that and I want to make sure there's still adequate funding for them to run their operations.

SENATOR KEL SELIGER: Yes, sir. We worked through this with the finance staff originally with the Chair of the Railroad Commission said we need $106 million, this cap was designed to provide the money that they said they needed but we wanted to make sure that was there was a cap because otherwise it's a little open inned and I know some people aren't comfortable so -- all the money we can simply because we can.

SENATOR GLENN HEGAR: Oh, I don't disagree with that, I just want to make sure we have the ability to fund the agency since we're not funding them through the AG.

SENATOR KEL SELIGER: My best information is that it will do just that.

SENATOR GLENN HEGAR: Okay. Thank you, Senator.

SENATOR KEL SELIGER: Thank you.

LT. GOVERNOR DAVID DEWHURST: Members, Senator Seliger moves the adoption of floor amendment No. 2 it's acceptable to Senator Ogden. Is there objection from any member? The Chair hears no objection from any member and floor amount No. 2 is adopted. The Chair lays out floor amendment No. 3 by Senator Ellis. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 3 by Ellis.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Ellis on floor amendment No. 3.

SENATOR RODNEY ELLIS: Thank you, Mr. President and members. Our state gives away billions of dollars in tax breaks to corporations that have been fairly successful by simply closing some wasteful loopholes and implementing a more fair and responsible tax policy, many which were considered in Senator Duncan's subcommittee and our own LBB. We could save billions and avoid making some Draconian cuts to schools and nursing homes and this amendment allows us to have more money to put in the education and nursing home issues and other health care areas. Members, our state lost $4.2 billion in revenue between 2004 and 2009 due to an antiquated definition of high cost gas. This was a great tax incentive, it was created in 1999 to help companies with technological innovation. It worked well and it is replicated all around the world. It has accomplished its purpose. Now, however, virtually every new well produced meets the high cost definition so we're paying companies to do what they are already doing and doing very well. To that .55 percent of the natural gas production in this state in 2009 was considered high cost gas which means that we reduce the tax rate actually paid from 7.5 percent in statute to under percent. 1.1 to 1.9 and these are very successful businesses that we're giving these tax breaks to and we are asking families, I heard the analogy that everyone at the table is making a sacrifice, I think it's only fair that we ask some of our very successful businesses to make this sacrifice as well when we talk about noting a choice but to make Draconian cuts to our schools and health care for our elderly. So at the appropriate time I move adoption of amendment No. 5.

SENATOR TROY FRASER: Mr. President.

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

SENATOR TROY FRASER: Question of the author.

LT. GOVERNOR DAVID DEWHURST: Will Senator --

SENATOR RODNEY ELLIS: Yes, I will.

SENATOR TROY FRASER: Senator, we discussed this the -- I had understood that you were putting a cap of $6 anything above that. What is this? Where do we start clarifying what huge cost means?

SENATOR RODNEY ELLIS: Well, what I'm doing, Senator, is simply implementing the recommendation that was in the LBB study that was done and if you can think of a more appropriate way to stop giving this tax break, I'd be more than happy to do it so what I simply do, I make it a point that I am going to go after the 55 percent of the natural gas production in Texas --

SENATOR TROY FRASER: Okay, I'm sorry.

SENATOR RODNEY ELLIS: And I'm just going to have them pay the normal rate that they were paying before this 1989 tax break came into existence.

SENATOR TROY FRASER: But is there a trigger amount?

SENATOR RODNEY ELLIS: Beg your pardon?

SENATOR TROY FRASER: Isn't there a trigger amount?

SENATOR RODNEY ELLIS: No, I did not put trigger amount in it. If there's a trigger you would suggest I'll try that.

SENATOR TROY FRASER: I think if you're going to try to do this you're going to have a trigger number of when it would kick in.

SENATOR RODNEY ELLIS: Do you have a suggestion? What about $5, what's it at now, $4? How about $4? Why don't I suggest this, if it's acceptable, Senator Ogden, I assume there will be a conference committee on it anyway. I'm told if I put it at $6 it might have support well obviously that's not at $6 now. While we're asking everyone to sacrifice, I just think, you know, I probably support it if it came back at six Senator Ogden but I'd like to make sure about impacting lives for real people so at least I'd like to put it at where it is now as opposed to the six and I am willing to try and find the sweet spot as you referred to it in the budget. But I'm just afraid if I plug in six nobody would really believe we're really serious about it since we're all saying the economy is going to getting better. So is that number, any takers for 450? What about Senator Patrick over there with those river boat gambler shoes that he has on? Five dollars? Any takers for 4.75? Or, Senator Ogden, is it acceptable now and then going into conference you can figure out what that number is? But I sincerely want to make some movement. I hate to put it at 6 then you can't go below that. So I suggest if I can put in some number and then you figure out what would be acceptable to a majority in both chambers when it comes back. Maybe I will walk over the your desk for a second. If the president -- I'm just going to walk over to Senator Ogden's desk for one second and have a little quiet conversation.

LT. GOVERNOR DAVID DEWHURST: That's fine.

SENATOR RODNEY ELLIS: Mr. President.

LT. GOVERNOR DAVID DEWHURST: Senator Ellis, for what purpose?

SENATOR RODNEY ELLIS: I want to withdraw this amendment at this time and work with my colleagues to see if there's some consensus on some trigger amount and then I'm going to make an attempt on third reading so I'll pull it down at this time.

LT. GOVERNOR DAVID DEWHURST: Senator Ellis temporarily pulls down floor amendment No. 3. The Chair lays out -- do you have a 4th amendment? The Chair lays out floor amendment number four by Senator Ogden. Secretary will read the amendment.

SENATOR STEVE OGDEN: Mr. President and members, I move that --

PATSY SPAW: Floor amendment No. 4 by Ogden.

LT. GOVERNOR DAVID DEWHURST: Can you read it so we know --

PATSY SPAW: Amends SCB No. 84 by striking article one of the bill pages one lines s 19 and renumbering different article from sections of the bill accordingly.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Ogden to explain floor amendment No.4.

SENATOR STEVE OGDEN: Mr. President, I move adoption of floor amendment No. 4, it strikes article one of the fiscal matters bill for article six which is similar to what we've done in the previous bills.

LT. GOVERNOR DAVID DEWHURST: Members, you heard the motion by Senator Ogden. Is there objection from any member? Chair hears no objection from any member and floor amendment No. 4 is adopted. Chair recognizes Senator Ogden for a motion.

SENATOR STEVE OGDEN: Mr. President and members, I move passage to engrossment of Committee Substitute to Senate Bill 1584.

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

SENATOR KIRK WATSON: Question of Chairman Ogden.

LT. GOVERNOR DAVID DEWHURST: Will Senator Ogden yield?

SENATOR STEVE OGDEN: I yield.

SENATOR KIRK WATSON: Thank you, Mr. President. Thank you, Mr. Chairman. Mr. Chairman, I just wanted to -- I'm for, I'm going to vote for this and I voted for it on suspension but you do something very interesting in article six relating to fiscal matters concerning oil and gas regulation, it's something that we have been talking about for the last few days with regard to these fiscal matters bill and how we might avoid the diversion of moneys that collected for a specific purpose and then used for other purposes and I would call attention to it because you and I have had an opportunity talk about it but others have not had that opportunity. One of the things that you do in section 81.067 which is related to oil and gas regulation and cleanup, you have a provision that the commission -- the commission will certify that the controller when the balance in that fund equals or exceeds $20 million and then one of the things that happens when it hits that point is there is a suspension of the collection of the fee. In other words once it hits an amount, a certain amount no longer can that fee be collected and then it goes on to say that when it drops down and falls below $10 million then the fee, the commission who certifies that and the comptroller can then begin collecting the fees again until it goes all way back up to $20 million and it's suspended and I just wanted to mention that because that's one of the things that you and I have talked about as a potential way to deal with the general revenue dedicated funds that once they reach a percentage above the amount appropriated you could suspend the collection so that they wouldn't then be swept and I've talked to you about that being something we might do when we deal with funds consolidation and I wanted to get your thoughts on that.

SENATOR STEVE OGDEN: Well, I think it is an improvement over the current system and as the state's economy begins to improve, and the type of things that we're doing now in order to fund the budget are no longer necessary I think it's a pretty significant reform.

SENATOR KIRK WATSON: Thank you, Mr. Chairman. I appreciate you putting that in this bill. Thank you, Mr. President.

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

SENATOR STEVE OGDEN: Mr. President and members, I move passage to engrossment of Committee Substitute to Senate Bill 1584.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Members, you heard the motion by Senator Ogden, is there objection from any member? Chair hears no objection from any member and committee stot to Senate Bill 1584 as amended passes to engrossment. Chair recognizes Senator Ogden to suspend the constitutional rule -- you want to stop there? Okay. Members the president's desk is clear. Senator Eltife, do you mind -- members, the president's desk is clear. I think the dean has advised you that my current plans tomorrow are to convene at 10:00 and cut off, stop at 1:30, we got some members who want to leave. So those are my current plans. If there's thoughts -- all right. Perfect plan. All right. Senator Eltife thinks that's a perfect plan, all right.

SENATOR KEVIN ELTIFE: Watch it, Whitmire. Any announcements, members? Senator Duncan, you're recognized.

SENATOR ROBERT DUNCAN: Thank you, Mr. President and members. I move to suspend the 24-hour posting rulings in accordance with with Senate rules 11.10 and 11.18 in order for the Senate committee on state affairs to meet upon adjournment in the Senate chambers to take up pending business that was taken up this morning.

SENATOR KEVIN ELTIFE: Members, you heard the motion by Senator Duncan, is there any objection? Hearing none, so ordered. Senator Williams, you're recognized.

SENATOR TOMMY WILLIAMS: Thank you, Mr. President. I move to suspend the 24-hour posting rule in accordance with with Senate rules 11.10 and 11.18 in order for the Senate committee on transportation and homeland security to meet today immediately upon adjournment of the Senate at my desk so the committee can vote out pending business Senate Bill 1572 by Watson.

SENATOR KEVIN ELTIFE: Members, you've heard the motion by Senator Williams. Is there objection? Chair hears none, so ordered. Senator Wentworth, you're recognized.

SENATOR JEFF WENTWORTH: Thank you, Mr. President. I move to suspend the 24-hour posting rule in accordance with with Senate rules 11.10 and 11.18 in order for the Senate select committee on open government to meet today May 5th, immediately upon adjournment at my desk to take up pending business Committee Substitute to Senate Bill 1826 by Gallegos.

SENATOR KEVIN ELTIFE: Members, you heard the motion by Senator Wentworth. Is there any objection? Hearing none, so or ordered. Dean Whitmire, you're recognized.

SENATOR JOHN WHITMIRE: Thank you, Mr. President. Criminal justice will meet in the annex E1.016 at 3:15. Criminal justice at 3:15.

SENATOR KEVIN ELTIFE: Thank you, Senator Whitmire. Senator Ogden, you're recognized.

SENATOR STEVE OGDEN: Mr. President and members, the finance committee will meet at 3:30.

SENATOR KEVIN ELTIFE: Thank you, Senator Ogden. Senator Van de Putte, you're recognized. Senator Van de Putte, did you wish to be recognized?

SENATOR LETICIA VAN DE PUTTE: Mr. President and members, I move to suspend the Senate's 24-hour posting rule in accordance with Senate rules 11.10 and 11.18 in order for the Senate committee on veteran affairs and military installation to meet today immediately upon adjournment at my desk to take up two bills and pending business.

SENATOR KEVIN ELTIFE: Members, you heard the motion by Senator Van de Putte, is there any objection? Chair hears none, so ordered. Thank you, Senator Van de Putte. Senator Jackson, you're recognized.

SENATOR MIKE JACKSON: Thank you, Mr. President and members. I move to suspend the 24-hour posting rule in accordance with with Senate rules 11.10 and 11.18 for the Senate committee on economic development to meet at my desk immediately upon adjournment. To take up pending bills. We'll meet at my desk immediately upon adjournment. Thank you.

SENATOR KEVIN ELTIFE: Members, you've heard the motion by Senator Jackson, is there any objection? Chair hears none, so ordered. Thank you, Senator Jackson. Senator Uresti, you're recognized.

SENATOR CARLOS URESTI: Thank you, Mr. President. Members, I move to suspend Senate rules 11.10 and 11.18 for the 24-hour posting rule so that the Senate committee on administration can meet tomorrow morning May 6th at 9:00 o'clock a.m. to meet in room E1.014 to consider SJR31 by Senator Wentworth and SJR47 and SJR48 by Senator Williams and also to certify the bills for the local and uncontested calendar which will be held May 10th, 2011 at 8:00 a.m. Thank you.

SENATOR KEVIN ELTIFE: Members, you heard the motion by Senator Uresti. Is there any objection? Chair hears none, so ordered. Thank you, Senator Uresti. Members are there any other announcements? Any other announcements? The following motion in writing. Secretary read the motion.

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

SENATOR KEVIN ELTIFE: Members, you've heard the motion by Senator Whitmire. Any objection? Chair hears none, so ordered. Senator Gallegos, for what purpose?

SENATOR MARIO GALLEGOS: Just a little announcement.

SENATOR KEVIN ELTIFE: Go ahead with your little announcement.

SENATOR MARIO GALLEGOS: I wanted to thank Senator Patrick and Senator West for their shoes today and I know it was in honor because today is Cinco de Mayo day and I know that's why they're wearing their shoes, you can buy them anywhere in my district and Leticia's district. That's the way we celebrate Cinco de Mayo. Thank you, colleagues.

SENATOR KEVIN ELTIFE: You're right, it was a little announcement. Thank you, Senator Gallegos. The Chair recognizes the Dean of the Senate for a highly privileged motion. Dean of the Senate for a highly privileged motion.

SENATOR JOHN WHITMIRE: I'm doing my best Mr. President. But you know, I move that the Senate adjourn until 10:00 a.m. tomorrow pending the reading and referral of bills.

SENATOR KEVIN ELTIFE: Senate Whitmire moves that the Senate adjourn until 10:00 a.m. Friday May 6th, is there objection? Chair hears none, Senate stands adjourned until 10:00 a.m. Friday May 6th pending reading and referral of bills. Thank you, members.

PATSY SPAW: House Bill 90 to transportation and homeland security. House Bill 114 to administration. House Bill 123 to health and human services. House Bill 554 to intergovernmental relation. House Bill 557 to transportation and hole land security. House Bill 592 to jurisprudence. House Bill 633 to criminal justice. House Bill 1113 to criminal justice. House Bill 1137 to criminal justice. House Bill 1144 to intergovernmental relations. House Bill 1199 to criminal justice. House Bill 1253 to state affairs. House Bill 1291 transportation and homeland security. House Bill 1314 to jurisprudence. House Bill 1345 to criminal justice. House Bill 1401 to business and commerce. House Bill 1402 to criminal justice. House bill 1615 to health and human services. House Bill 1622 to criminal justice. House Bill 1643 to economic development. House Bill 1789 to state affairs. House Bill 1805 to education. House Bill 1830 to jurisprudence. House Bill 1959 to business and commerce. House Bill 2028 to jurisprudence. House Bill 2069 to health and human services. House Bill 2189 to agriculture and rural affairs. House Bill 2256 to transportation and homeland security. House Bill 2265 to intergovernmental relation. House Bill 2280 to natural resources. House Bill 2310 to jurisprudence. House Bill 2312 to health and human services. House Bill 2313 to open government. House Bill 2370 heal and human services. House Bill 2387 to intergovernmental relations. House Bill 2393 to business and commerce. House Bill 2422 to jurisprudence. House Bill 2471 to agriculture and roral affairs. House Bill 2490 to business and commerce. House Bill 2516 to intergovernmental relation. House Bill 2519 to transportation and homeland security. House Bill 2599 to finance. House Bill 2608 to government organization. House Bill 2628 to transportation and homeland security. House Bill 2630 to higher education. House Bill 2643 to business and commerce. House Bill 2711 to criminal justice. House Bill 2727 to business and commerce. House Bill 2758 to higher education. House Bill 2770 to transportation and homeland security. House Bill 2790 to transportation and homeland circuit court. House Bill 2847 to criminal justice. House Bill 2851 to veteran affairs and military installation. House Bill 2853 to economic development. House Bill 2911 to higher education. House Bill 2978 to open government. House Bill 2981 to transportation homeland security. House Bill 2999 to higher education. House Bill 3033 to state affairs. House Bill 3076 to intergovernmental relations. House Bill 3093 to state affairs. House Bill 3099 to transportation and homeland security. House Bill 3146 to health and human services. House Bill 3179 to veteran affairs and military installations. House Bill 3207 to health and human services. House Bill 3246 to intergovernmental relations. House Bill 3270 to state affairs. House Bill 3307 to open government. House Bill 3309 to transportation and homeland security. House Bill 3342 to health and human services. House Bill 3384 to criminal justice. House Bill 3409 to state affairs. House Bill 3478 to criminal justice. House Bill 3547 to heal and human services. House Bill 3570 to business and commerce. House Bill 3616 to administration. House Bill 3674 to jurisprudence. House Bill 3708 to higher education. House Bill 3814 to intergovernmental relation. House Bill 3815 to intergovernmental relations. House Bill 3818 to natural resources. House Bill 3819 to intergovernmental relation. House Bill 3821 to intergovernmental relations. House Bill 3827 to intergovernmental relation. House Bill 3828 to intergovernmental relations. House Bill 3831 to intergovernmental relation. House Bill 3834 to intergovernmental relation. House Bill 3835 to jurisprudence. House Bill 3836 to intergovernmental relation. House Bill 3847 to natural resources. House Bill 3857 to intergovernmental relations. HCR90 to administration. HJR98 to criminal justice. HJR130 to higher education.

SENATOR KEL SELIGER: Pursuant to a motion previously adopted, the Senate stands adjourned until 10:00 a.m. Friday May 6th.

(Adjourned.)