Senate Transcript, May 6, 2011

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

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

SENATOR STEVE OGDEN: A quorum is present. The Chair recognizes Senator Watson to introduce the chaplain of the day.

SENATOR KIRK WATSON: Thank you very much, Mr. Speaker and members. I am very honored to get to say a few words of introduction about our pastor for the day Dr. Charles W. Edwards, Jr., from my district. Dr. Edwards has been a congregational minister and in addition to that and the reason I wanted to take a special moment and say thank you to him and introduce you to him is some of the other ministry and chaplain work that he has done. He's been a chaplain Brigadier General retired with the Texas Army National Guard, with the United States Army, he's also been the chief of chaplains, he's retired from that position with the South Texas Veterans Health Care System and the Department of Veterans Affairs in San Antonio, Texas. He served as a -- part of his ministry has been ministry to law enforcement institutions such as being the chaplain of the Federal Bureau of Investigation in San Antonio and the San Antonio police department and then various veterans service organizations such as the past national chaplain of the Veterans of Foreign Wars of the United States, national chaplain for the Disabled American Veterans of the United States, past department chaplain for the American Legion and president of the State Guard Association of the United States. This is obviously a wonderful man of God who reaches out with his ministry and I wanted to say a special thank you to him and make sure each one of you as members of the Senate are properly introduced to our pastor for the day Dr. Charles W. Edwards, Jr..

SENATOR STEVE OGDEN: All on the floor and in the gallery please rise for the invocation to be delivered by chaplain Charles W. Edwards, Jr. retired Brigadier General of the Texas National Guard.

PASTOR: Our God of power and might, we thank You for a time of reflection to pause, to focus, and to unite as we offer this prayer of praise and appreciation for all who are assembled here and, especially, for those who are willing and ready to serve the people of our state, Members of the Senate of the great State of Texas. Be with our Senate Members in their deliberations today, empower them in their decision-making, the choices they make for the good of our state. Be with them in the days and weeks to come, to face the specific and challenging goals that they must encounter with bold determination and clear insight. We close this prayer by asking You, our God, to assist all of us in our ability to learn to do, do to earn, earn to live, and live to serve. Let us not grow weary in our commitment to service to our beloved state. God bless Texas, and let us as Texans be always thankful for God's blessings. In God we trust. Amen.

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

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

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 action, the House has passed the following measures HCR148 by Flynn requesting the governor --

SENATOR STEVE OGDEN: Thank you. Members, if there's no objections I would like to postpone the reading and referral of bills until the end of today's session. Is there objection? Chair hears none, the reading and referral is postponed. The Chair lays out the following resolution by Patrick. Secretary will read the resolution.

PATSY SPAW: Senate Resolution 931 commending the participants of the Texas Honor Ride and their efforts to raise funds for the Warrior and Family Support Center at Brook Army Medical Center by Patrick.

SENATOR STEVE OGDEN: The Chair recognizes Senator Patrick on the resolution.

SENATOR DAN PATRICK: Thank you, Mr. President and members. At a time in our history when our wounded warriors are in need the most a handful of cyclists from Lone Star Cowboy Church, we had the pastor of that church on the Senate floor several times to open us in prayer. They got together and decided they'd look to do something in a tangible way and that first effort five years ago resulted in raising an incredible $60,000 for Warrior and Family Support Center at Texas Brook Army Medical Center. Since its inception the Texas Honor Ride has raised over one half million dollars out of this church that began to expand through our community in support of the Warrior and Family Support Center. Like our wounded heros and our families, the Texas Honor Ride does not seek recognition in themselves. The men and women only seek to find more ways to support those who have been severely wounded as well as their families. By providing much needed funds to the center, many lives have been impacted. Those like Jason March a bronze star recipient who was miraculous saved after being hit with a sniper round to the back of his head near his right ear. He's benefited from the efforts of those associated with THR. Well over 33,000 members of our U.S. military have been wounded in the war against terrorism. This has had a direct impact on their wives, their husbands, their children, their parents, and the media has concentrated on those brave men and women who have made the ultimate sacrifice surrendering their very lives for the freedom of us and others. The wounded have sacrificed tremendously, have lost limbs, eyesight, being burned over their bodies and numerous other injuries, let's not forget them as I know we do not on this floor. The Texas Honor Ride exists to support heroes as well as their families. This all volunteer organization deserves our gratitude for stepping up to the plate when our nation's heroes are called. And if you have any questions you can follow them up on Texas Honor Ride. A great organization from Lone Star County Church, Montgomery County and they are with us, some of the members are in the gallery in the red shirts. Would you please stand up and give a hand to our wounded warrior supporters from Lone Star Cowboy Church. Great to have you here. Thank you for what you have done. You've shown one man, one church, one man on a motorcycle can make a difference. Thank you all. Thank you, members.

SENATOR STEVE OGDEN: Senator Patrick moves adoption of Senate Resolution 931. Is there objection? Chair hears none, the resolution is adopted. The Chair lays out the following resolution. The secretary will read the resolution.

PATSY SPAW: Senate Resolution 932 congratulating Dr. Lannette Linthicum on receiving the 2011 ER Cass correctional achievement award by Whitmire.

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

SENATOR JOHN WHITMIRE: Thank you, Mr. President and members. If I could have your attention. I asked Dr. Linthicum to come to the Senate floor today to recognize a very prestigious award she recently received. The 2011 ER Cass correctional achievement award. The award is presented to men and women who exhibit selflessness and remarkable achievement toward the advancement of the association and the correction field in the community. Dr. Linthicum has been the director of health services for TDCJ for 13 years, members, where she supervises the medical care of 155,000 men and women in 112 locations. The good doctor graduated from Smith College in the Maryland School of Medicine. She started her school with the agency in 1976 with the Huntsville prison community. In 1988 she opened the Estelle unit regional facility and in 1993 she became the chief of professional services and health services administration and was later promoted to her current position. The reason, Doctor, I wanted you here today is we often talk about our state employees and I'm afraid it's just -- we talk like they're numbers and how they impact the budget and I really wanted to put a face on your public service, this prestigious award. But I know how tough it is for you to manage particularly with restraint on resources, the broad large prison system we have and I don't think you've been recognized or brought to the forefront enough. I see you making tough decisions all the time so this is on behalf of this body and the state of Texas we recognize this award that you're getting at the national level but also your many, many years of service to the state and look forward to your continued service. Thank you for being here today. Members, if you help recognize Dr. Linthicum.

SENATOR STEVE OGDEN: Senator Whitmire moves adoption of Senate Resolution 932. Is there objection? The Chair hears none, resolution is adopted. Chair recognizes Senator Nichols for an introduction.

SENATOR ROBERT NICHOLS: Members, please welcome the 8th grader from Devers ISD in Liberty County in the maroon shirts, if y'all could stand up. They're touring the Capitol today for the 8th grade graduation class trip. Members, please give them a hand.

SENATOR STEVE OGDEN: Welcome to the Texas Senate. The following message from the governor. Secretary will read the message.

PATSY SPAW: To the Senate and House of representatives of the 82nd Texas legislature regular session, I Rick Perry Governor of the state of Texas, pursuant to article three section five of the Texas constitution and by this special message do hereby submit the following emergency matter for immediate consideration to the Senate and House of Representatives of the 82 legislature now convened. Legislation relating to the reform of civil remedies and procedures in the state of Texas. Respectfully submitted Rick Perry, governor of Texas.

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

SENATOR KIRK WATSON: Parliamentary inquiry.

SENATOR STEVE OGDEN: Make your inquiry.

SENATOR KIRK WATSON: Yes, Mr. President, I was just listening to the resolution and made a reference to an emergency declaration by the governor and I'm wondering under the Senate rules does that have any impact on the Senate?

SENATOR STEVE OGDEN: It has no impact on the Senate at this point in the session.

SENATOR KIRK WATSON: Thank you very much, Mr. President.

SENATOR STEVE OGDEN: That concludes the morning call. Senator Uresti is recognized for a motion to suspend the regular order of business on Senate Bill 1905.

SENATOR CARLOS URESTI: Thank you, Mr. President and members, good morning. Senate Bill 1905 would provide a funding mechanism for badly needed EMS services within a local community within my district. For the last four years the City of Valmere has relied on a volunteer emergency medical team that has serviced the southern end of Reeves County. This county is home to the heavily traveled intersection of I10 and I20. Valmeria state park receives close to 400,000 visitors each year. Many of whom assume that they will call 911 and there will be a response. Due to a lack of population in the area attempts at creating hospital and emergency service districts have been unable to generate the tax base needed to support this service and lack of funding and personnel and -- which could eliminate emergency services after the first of the year. This legislation would support emergency services in the area by deferring 1 dollar from the admission to the state park to fund emergency services in the area. I move to suspend the Senate's regular order of business to take up and consider Senate Bill 1905. And members, there, will be an amendment that will limit this to Reeves County.

SENATOR STEVE OGDEN: Is there objection? Hearing none, the rule is suspended. The Chair lays out on second reading Senate Bill 1905. The secretary will read the caption.

PATSY SPAW: Senate Bill 1905 relating to provision of emergency services in certain rural counties using admission fees charged at state parks.

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

PATSY SPAW: Floor amendment No. 1 by Uresti.

SENATOR STEVE OGDEN: Members, we're going to take our time on these amendments so if y'all are interested pay attention. Senator Uresti, go ahead.

SENATOR CARLOS URESTI: Thank you, Mr. President and members. Floor amendment No. 1 contains language that will help target the local community of Reeves County and essentially brackets it to that county. And with that I move adoption of floor amendment No. 1.

SENATOR STEVE OGDEN: Is there objection to adoption of floor amendment one? Senator Nichols, for what purpose to you rise?

SENATOR ROBERT NICHOLS: I wanted to ask some questions.

SENATOR STEVE OGDEN: Senator Nichols, you're recognized for some questions.

SENATOR ROBERT NICHOLS: I'm just trying to make sure I understand. You're bracketing it down to just one county?

SENATOR CARLOS URESTI: That's correct. And we inserted language in the amendment that the way we bracket is the population is 20,001 and two the county must be adjacent to a county with an international border and that's how we narrow down to Reeves County.

SENATOR ROBERT NICHOLS: I was looking at this bill I think last night. We're adding a dollar to that state park?

SENATOR CARLOS URESTI: Essentially deferring a dollar because right now, as you know, it's very limited -- EMS services are very limited in that area and so that 1 dollar will be used to help generate the funds necessary to provide EMS services.

SENATOR ROBERT NICHOLS: So anybody in the state who goes to visit that particular state park will have to pay a dollar extra and that state park doesn't get the money and the state of Texas doesn't get the money, it's going to go to an emergency district in the county.

SENATOR CARLOS URESTI: Say the last part again, I can't hear you.

SENATOR ROBERT NICHOLS: It goes to an emergency district?

SENATOR CARLOS URESTI: The 1 dollar would be deferred and it would be used -- the county of Reeves would then have to apply for those funds in order to provide the services.

SENATOR ROBERT NICHOLS: It goes into a state account and then that emergency services is going to try to apply to get it back from the state?

SENATOR CARLOS URESTI: That's correct.

SENATOR ROBERT NICHOLS: And so who at the state will make that decision?

SENATOR CARLOS URESTI: Texas Department of Parks and Wildlife.

SENATOR ROBERT NICHOLS: Okay. So parks and wildlife will get the money and then it will be up to them, they're not statutorily required to give it to them?

SENATOR CARLOS URESTI: That's correct. But the idea being of knowing the circumstances of that area, the difficulty to obtain EMS services Reeves County would play to the department in hopes of getting that money returned.

SENATOR ROBERT NICHOLS: Okay. But the department, the parks and wildlife will not be required to do it but they'll look at their own situation and if they feel like they need that extra backup they can.

SENATOR CARLOS URESTI: That's exactly correct.

SENATOR ROBERT NICHOLS: All right. Thank you.

SENATOR CARLOS URESTI: Thank you.

SENATOR STEVE OGDEN: Senator Uresti moves adoption of floor amendment No. 1. Is there objection? Chair hears none, floor amendment No. 1 is adopted. Senator Uresti is recognized for a motion.

SENATOR CARLOS URESTI: Mr. President, I move passage to engrossment of Senate Bill 1905.

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

SENATOR CARLOS URESTI: So moved, Mr. President.

SENATOR STEVE OGDEN: The secretary will call the roll.

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

SENATOR STEVE OGDEN: There being 30 ayes and one nay, the constitutional three day rule is suspended. The Chair lays out on third reading and final passage Senate Bill 1905. The secretary will read the caption.

PATSY SPAW: Senate Bill 1905 relating to provision of emergency services in certain rural counties.

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

SENATOR CARLOS URESTI: Mr. President, I move final passage of Senate Bill 1905.

SENATOR STEVE OGDEN: The secretary will call the roll.

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

SENATOR STEVE OGDEN: There being 30 ayes and one nay, the bill is finally passed.

SENATOR CARLOS URESTI: Thank you.

SENATOR STEVE OGDEN: Senator Patrick is recognized for a motion to suspend the regular order of business on Committee Substitute to Senate Bill 1214.

SENATOR DAN PATRICK: Thank you, Mr. President and members. This is a bill, members, that we passed out of this committee almost unanimously several years ago. This would allow private schools to participate in UIL academic and sports events. These folks are taxpayers and often they have to drive long distances to participate in events. I'm going to accept an amendment from Senator Seliger on the back end of this to address a specific issue. Members, I move suspension of the regular order of business to pass out Senate Bill 1214.

SENATOR STEVE OGDEN: Senator Patrick moves suspension of the regular order of business to take up and consider Committee Substitute to Senate Bill 1214. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute to Senate Bill 1214. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1214 relating to equal opportunity for access by private and parochial school students to university and scholastic league sponsored activity.

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

PATSY SPAW: Floor amendment No. 1 by Seliger.

SENATOR STEVE OGDEN: The Chair recognizes Senator Seliger on his amendment.

SENATOR KEL SELIGER: Thank you, Mr. President and members. This is a particularly important, members, because every member on this body is getting phone calls because the people at home and our public schools I think recognize and expect the members of this body to be staunch advocates and supporters of the public schools and the biggest reservation that we have seen about this bill are things like recruiting without the districting requirements that private schools or parochial schools have. I particularly appreciate Senator Patrick's sensitivity to this and our public schools and so this amendment simply says that football and basketball from the university interscholastic activities which includes private parochial schools will participate and so they will not participate in UIL activities in football and basketball and that ought to remove a lot of the problems that people have. Otherwise kids in private and parochial schools will then be able to compete against the best and broadest source anywhere in the state of Texas. Thank you.

SENATOR DAN PATRICK: The amendment is acceptable to the author, Mr. President.

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

SENATOR JUAN HINOJOSA: Just to ask Senator Seliger a question.

SENATOR KEL SELIGER: Yes, sir.

SENATOR JUAN HINOJOSA: You yield?

SENATOR STEVE OGDEN: Senator Seliger yields.

SENATOR JUAN HINOJOSA: It's just hard to understand your amendment. I guess what we're doing is we're allowing them to also participate in other activities other than football and basketball?

SENATOR KEL SELIGER: Yes, sir. If it were math and public speaking or other sports. There are recruiting problems, from what I hear, and probably from what you hear in south Texas. If a parochial school can go a long distance and recruit a great football or basketball player, they might have the inclination to do it and it would be legal to do so. I think this will remove almost all misgivings that people have about recruiting and unfair recruiting in competition in football and basketball.

SENATOR JUAN HINOJOSA: Okay. So they can participate in other academic activities other than just athletics.

SENATOR KEL SELIGER: Academics and other sports activities where we really haven't heard necessarily a whole lot of conflict coming from recruitment.

SENATOR JUAN HINOJOSA: Thank you for the explanation.

SENATOR KEL SELIGER: Thank you, Senator Hinojosa.

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

SENATOR KEVIN ELTIFE: Ask Senator Seliger a question on his amendment.

SENATOR STEVE OGDEN: Senator Seliger yield?

SENATOR KEL SELIGER: I do.

SENATOR KEVIN ELTIFE: Senator Seliger, are you aware of any private schools that now compete in football or basketball that could be excluded because of our amendment?

SENATOR KEL SELIGER: I'm not.

SENATOR KEVIN ELTIFE: I think there may be a few one or two that currently compete, I don't know how this would affect them. Do you know? Maybe Senator Patrick might know?

SENATOR KEL SELIGER: I do not know. I would like to defer to Senator Patrick if the Chair doesn't mind.

SENATOR DAN PATRICK: It's a great point. We do have two (inaudible) are competing and we actually need to look at that and address that issue to make sure this does not impact those two schools.

SENATOR KEVIN ELTIFE: You might want to grandfather anything in that's competing at the present time.

SENATOR KEL SELIGER: Since it's already done, there's no intent in this to change in present activity but going forward I think it would be unfair at this point to not grandfather them in. And so if you agree we're more than willing to work with the bill's author to fix that.

SENATOR KEVIN ELTIFE: Thank you, Senator Seliger.

SENATOR KEL SELIGER: Why don't we -- at the pleasure of the Chair we'll pull it down for a minute and go fix it real quickly and then reintroduce it in a few moments?

SENATOR KEVIN ELTIFE: Thank you, Senator Seliger. Thank you, Senator Patrick.

SENATOR DAN PATRICK: Thank you, Senator Eltife. That was not the intent but let's clarify it, let's do that. Mr. President.

SENATOR STEVE OGDEN: All right. Members, Senator Patrick wishes to withdraw for further consideration of Committee Substitute to Senate Bill 1214. We're going to temporarily postpone it in order to perfect Senator Seliger's amendment. Is there objection, members? Chair hears none, the bill is temporarily postponed. Senator Hinojosa. Senator Hinojosa is recognized for a motion to suspend the regular order of business on House Bill 46.

SENATOR JUAN HINOJOSA: Thank you, Mr. President and members. I move to suspend the regular order of business to take up and consider House Bill 46. This bill would amend portions of the government code to allow Texas Parks and Wildlife employees required to work a holiday that falls on a Saturday or Sunday to accrue compensatory time off. The bill would apply to department employees who perform communications and dispatch services to commission law enforcement offices while those officers are performing law enforcement duties. This would correct a part of the law to make sure they're treated the same as DPS officers. And I would move suspension.

SENATOR STEVE OGDEN: Senator Hinojosa moves suspension of the regular order of business to take up and consider House Bill 46. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading House Bill 46. The secretary will read the caption.

PATSY SPAW: House Bill 46 relating to compensatory time off for certain employees of the parks and wildlife department.

SENATOR STEVE OGDEN: Senator Hinojosa's recognized for a motion.

SENATOR JUAN HINOJOSA: I move House Bill to third reading.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, House Bill 46 is passed to third reading. Senator Hinojosa's recognized for a motion to suspend the constitutional three day rule.

SENATOR JUAN HINOJOSA: I so move.

SENATOR STEVE OGDEN: The secretary will call the roll.

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

SENATOR STEVE OGDEN: Being 30 ayes and one nay, the constitutional three day rule is suspended. Senator -- the Chair lays out on third reading and final passage House Bill 46. The secretary will read the caption.

PATSY SPAW: House Bill 46 relating to compensatory time off for certain employees of parks and wildlife department.

SENATOR STEVE OGDEN: Senator Hinojosa's recognized for a motion.

SENATOR JUAN HINOJOSA: I move final passage of House Bill 46.

SENATOR STEVE OGDEN: The secretary will call the roll.

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

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

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

SENATOR STEVE OGDEN: Senator Carona. Senator Carona is recognized for a motion to suspend the regular order of business on House Bill 1625.

SENATOR JOHN CARONA: Thank you, Mr. President. I do move to suspend the Senate's regular order of business. Members, this bill deals with continuing education for an electrical assigned apprentice. We dealt with continuing education last session and we inadvertently left out this group and so all we're doing now is putting them into the group of other electricians to assure that they too receive continuing education. I move suspension.

SENATOR STEVE OGDEN: Senator Carona moves suspension of the regular order of business to take up and consider House Bill 1625. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading House Bill 1625. The secretary will read the caption.

PATSY SPAW: House Bill 1625 relating to the renewal of electrical sign apprentice licenses.

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

SENATOR JOHN CARONA: Move passage to third reading.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, House Bill 1625 is passed to third reading. Senator Carona is recognized for a motion to suspend the constitutional three day rule.

SENATOR JOHN CARONA: So moved, Mr. President.

SENATOR STEVE OGDEN: The secretary will call the roll.

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

SENATOR STEVE OGDEN: There being 31 ayes and no nays, the constitutional three day rule is suspended. The Chair lays out on third reading and final passage House Bill 1625. The secretary will read the caption.

PATSY SPAW: House Bill 1625 relating to the renewal of electrical sign apprentice license.

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

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

SENATOR STEVE OGDEN: The secretary will call the roll.

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

SENATOR STEVE OGDEN: Being 31 ayes and no nays, the bill is finally passed. Senator Lucio is recognized for a motion to suspend the regular order of business on Committee Substitute to Senate Bill 1806.

SENATOR EDDIE LUCIO: Thank you, Mr. President and members. I'd like to move to suspend the Senate's regular order of business to take up and consider Senate Bill 1806. Members, surplus line policies must be filed with the stamping office within 60 days of their effective date or the policy agency faces fees and administrative penalties by the Department of Insurance. While in filing requirement only pertains to policies, there aren't similarly unique penalties specific to this type of violation. As a result the general sanction provisions are applicable to all other types of violations under the insurance code like fraud apply to late file policies. The Committee Substitute to Senate Bill 1806 creates a new progressive penalty structure in the insurance code that better fit the punishment to the crime and is specific to the late file surplus line policy. The language of the Committee Substitute to Senate Bill 1806 is the outcome of stakeholder meetings as agreed upon by the Texas Department of Insurance and the Texas Surplus Lines Association. Members, I have an amendment to clean up a legislative counsel drafting error. With that, Mr. President, I move suspension of the rules.

SENATOR STEVE OGDEN: Senator Lucio moves suspension of the regular order of business to take up and consider Committee Substitute to Senate Bill 1806. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute to Senate Bill 1806. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1806 relating to timely filing of a surplus line's policy.

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

PATSY SPAW: Floor amendment No. 1 by Lucio.

SENATOR STEVE OGDEN: Chair recognizes Senator Lucio on his amendment.

SENATOR EDDIE LUCIO: Thank you, Mr. President and members. This amendment corrects a legislative drafting error and clarifies that the new penalty structure applies to policies filed after September the 1st, 2011, as well as to any enforcement action pending in 2010 and to any policy filed in 2010. Move adoption of floor amendment No. 1, Mr. President.

SENATOR STEVE OGDEN: Is there objection to adoption of floor amendment No. 1? Chair hears none, the amendment is adopted. Senator Lucio, you're recognized for a motion.

SENATOR EDDIE LUCIO: Mr. President, I'd like to move passage to engrossment for the Committee Substitute for Senate Bill 1806.

SENATOR STEVE OGDEN: Is there -- Senator Lucio moves passage to third reading, Committee Substitute -- no, excuse me, final engrossment of Committee Substitute Senate Bill 1806. Is there objection? Chair hears none, so ordered. Senator Lucio is recognized for a motion to suspend the constitutional three day rule.

SENATOR EDDIE LUCIO: So moved, Mr. President.

SENATOR STEVE OGDEN: The secretary will call the roll.

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

SENATOR STEVE OGDEN: There being 31 ayes and no nays, the constitutional three day rule is suspended. The Chair lays out on third reading and final passage the Committee Substitute to Senate Bill 1806. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1806 relating to a timely filing of a surplus line's filing policy.

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

SENATOR EDDIE LUCIO: Mr. President and members, I'd like to move final passage for the Committee Substitute for Senate Bill 1806 at this time.

SENATOR STEVE OGDEN: The secretary will call the roll.

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

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

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

SENATOR STEVE OGDEN: Senator Davis. Senator Davis. Senator Davis is recognized for a motion to suspend the regular order of business on House Bill 1032.

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 House Bill 1032. House Bill 1032 would require a purchaser of an annuity contract to be given a 20 day free look period. That person would be able to return the annuity contract within the 20 day free look period and be entitled to a refund of premiums paid for the contract as well as any contract fees or charges. The free look period is necessary to make sure that annuity purchasers fully understand the financial product they're investing in. As some types of annuities like variable annuities, they can be extremely complex and are not appropriate for all investors. The bill grants an exception to purchasers of annuities by accredited investors addressing concerns from the insurance industry. HB1032 is an agreed upon bill between the insurance groups and consumer industry. Mr. President, I move to suspend the regular order of business.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, the rule is suspended. Chair lays out on second reading House Bill 1032. The secretary will read the caption.

PATSY SPAW: House Bill 1032 relating to a rescission period for annuity contracts.

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

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

SENATOR STEVE OGDEN: Is there objection? The Chair hears none, so ordered. Senator Davis is recognized for a motion to suspend the constitutional three day rule.

SENATOR WENDY DAVIS: So requested, Mr. President.

SENATOR STEVE OGDEN: The secretary will call the roll.

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

SENATOR STEVE OGDEN: There being 31 ayes and no nays, the constitutional three day rule is suspended. The Chair lays out on third reading and final passage House Bill 1032. The secretary will read the caption.

PATSY SPAW: House Bill 1032 relating to a rescission period for annuity contracts.

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

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

SENATOR STEVE OGDEN: The secretary will call the roll.

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

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

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

SENATOR STEVE OGDEN: The Chair lays out as a matter of postponed business Committee Substitute to Senate Bill 1214. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1214 relating to equal opportunity for access by private and parochial students to Interscholastic league sponsor activities.

SENATOR STEVE OGDEN: Senator Seliger withdraws floor amendment No. 1. The following amendment. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 2 by Seliger.

SENATOR STEVE OGDEN: Chair recognizes Senator Seliger on his amendment.

SENATOR KEL SELIGER: Thank you, Mr. President. Members, this amendment simply says the following. Nothing in this section affects the right of a private school participating in league activities during the 2010, 2011 school year to continue participating in these league activities in subsequent school years in a manner comparable to the school's participation during the 2010, 2011 school year and I believe adequately answers the questions asked by Senator Eltife related to the amendment.

SENATOR STEVE OGDEN: Senator Patrick.

SENATOR DAN PATRICK: Yes, we'd addressed this in the bill this gives us belts and suspenders, good catch by everyone and it's acceptable to the author.

SENATOR STEVE OGDEN: Senator Seliger moves adoption of floor amendment No. 2. There is objection. The secretary will call the roll.

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

SENATOR STEVE OGDEN: There being 30 ayes and one nay, the amendment is adopted. Senator Patrick is recognized for a motion.

SENATOR DAN PATRICK: I move to engrossment, Mr. President.

SENATOR STEVE OGDEN: Senator Patrick moves passage to engrossment of Committee Substitute to Senate Bill 1214. The secretary will call the roll.

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

SENATOR STEVE OGDEN: There being 23 ayes, six nays, one present not voting, the bill is passed to engrossment. Senator Patrick is recognized for a motion to suspend the constitutional three day rule.

SENATOR DAN PATRICK: So moved, Mr. President.

SENATOR STEVE OGDEN: The secretary will call the roll.

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

SENATOR STEVE OGDEN: There being 24 ayes, five nays, one present not voting the constitutional three day rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to Senate Bill 1214.

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

SENATOR STEVE OGDEN: Senator Patrick moves final passage of Committee Substitute to Senate Bill 1214. The secretary will call the roll.

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

SENATOR STEVE OGDEN: There being 22 ayes, seven nays, one present not voting the bill is finally passed.

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

SENATOR STEVE OGDEN: Senator Zaffirini is recognized for a motion to suspend the regular order of business on Committee Substitute Senate Bill 1729.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. Mr. President and members, I move at this time to suspend the Senate's regular order of business in order to take up and consider at this time Committee Substitute to Senate Bill 1729 relating to the Texas science technology engineer and mathematics or TSTEM challenge scholarship program. Members, this is a bill that would establish the TSTEM scholarship program. To be eligible for the scholarship a student must graduate from high school with a GPA of at least 3.08 in mathematics and science, enroll in a TSTEM program at an eligible institution and agree to work no more than 15 hours per week in a TSTEM business program. To continue to receive this scholarship a student must remain enrolled in the TSTEM program, maintain a 3.0 GPA and complete at least 80 of the accredited hours attempted each semester, complete at least 30 credit hours per academic year and work no more than 15 hours per week for business participating in the stem program. Eligible institutions for the TSTEM scholarship program are two year institutions including community colleges, Lamar Technical Institute and Texas State Technical colleges. They must admit 50 students into a TSTEM program for an academic year and develop partnerships with businesses and industries that will provide these part time jobs for the students to maintain eligible. An institution must show that at least 70 percent of the students are employed by a business in the TSTEM field after graduation and are enrolled in a TSTEM field at a four year institution within three months after receiving an associate degree. The funding is not appropriated in this bill and the bill requires at least percent be provided from private sources. It also authorizes the coordinating board to accept gifts for this purpose. Mr. President, I move suspension.

SENATOR STEVE OGDEN: Senator Zaffirini moves suspension of the regular order of business to take up and consider Committee Substitute to Senate Bill 1729. Is this objection? Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute to Senate Bill 1729. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1729 relating to Texas science technology engineering and mathematics scholarship program.

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

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

SENATOR STEVE OGDEN: The secretary will call the roll.

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

SENATOR STEVE OGDEN: There being 28 ayes and two nays, the bill is passed to engrossment. Senator Zaffirini is recognized for a motion to suspend 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 STEVE OGDEN: The secretary will call the roll.

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

SENATOR STEVE OGDEN: Being 29 ayes and two nays, the constitutional three day rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to Senate Bill 1729. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1729 relating to the Texas science technology engineering and mathematics challenge scholarship program.

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

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

SENATOR STEVE OGDEN: The secretary will call the roll.

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

SENATOR STEVE OGDEN: Being 28 ayes and two nays, the bill is finally passed. Congratulations.

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

SENATOR STEVE OGDEN: Senator Hinojosa. Senator Hinojosa's recognized for a motion to suspend the regular order of business on Committee Substitute Senate Bill 1417.

SENATOR JUAN HINOJOSA: Thank you, Mr. President and members. I move to suspend the regular order of business to take up and consider Committee Substitute to Senate Bill 1417. Under current law a land owner is liable for any damages that result from acts or omissions of a peace officer. In parts of the state where pursuit with local and federal officers occur on a regular basis, an officer may enter or expose a property an accident may occur as a result of that act or omission of that peace officer. Under current law, a landowner is held liable for any resulting incidents -- Senate Bill 1417 amends the code to state that a land owner is not liable for any damages or injury to any person or property that arises from the actions of a peace officer or federal law enforcement officer when the officer enters or causes another person to enter the landowner's property with or without the landowner's permission and this is confined to agriculture areas, farms and ranches that have problems with the pursuit of drug trafficking and criminal cause damage to the property. And I move suspension.

SENATOR STEVE OGDEN: Senator Hinojosa moves suspension of the regular order of business to take up and consider Committee Substitute to Senate Bill 1417. Is there objection? Chair hears none, the rule is suspended is. The Chair lays out on second reading Committee Substitute to Senate Bill 1417. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1417 relating to limitation of liability of certain landowners.

SENATOR STEVE OGDEN: Senator Hinojosa's recognized for a motion.

SENATOR JUAN HINOJOSA: I move to engrossment.

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

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

SENATOR STEVE OGDEN: The secretary will call the roll.

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

SENATOR STEVE OGDEN: Being 31 ayes and no nay us, the constitutional three day rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to Senate Bill 1417. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1417 relating to limitation of liability of certain landowners.

SENATOR STEVE OGDEN: Senator Hinojosa's recognized for a motion.

SENATOR JUAN HINOJOSA: I move final passage.

SENATOR STEVE OGDEN: The secretary will call the roll.

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

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

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

SENATOR STEVE OGDEN: Senator Deuell. Senator Deuell. Senator Deuell is recognized for a motion to suspend the regular order of business to take up and consider Committee Substitute to Senate Bill 546 on third reading.

SENATOR BOB DEUELL: Thank you, Mr. President and members. I move to suspend the Senate's regular order of business so we can take up again and consider Committee Substitute to Senate Bill 546. Members, this is the physicians dispensing and distribution bill. I understand as you do by now there is some opposition but what this bill does is allow physicians throughout Texas to dispense or distribute medications to patients. This will benefit especially rural areas where there aren't as many pharmacies. It will actually benefit urban areas where a pharmacy may not be available in the immediate neighborhood. It will benefit elderly patients who come to the doctors' offices on senior citizen buses and don't have a way to get to the pharmacy. There were concerns about controlled substances, we have an amendment that will take out what is called scheduled two through five, there will not be any controlled substance, the bill's not intended to do anything like that. We also had pointed out to us by the Texas Department of Insurance that there was some problems with the worker's compensation system in doing this and we have an amendment that will exclude the worker's compensation system. I move suspension.

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

SENATOR LETICIA VAN DE PUTTE: To have some questions of the author.

SENATOR STEVE OGDEN: You're recognized.

SENATOR LETICIA VAN DE PUTTE: Thank you, Mr. President. Thank you, Senator. Senator Deuell, I believe this is the bill we had yesterday that we had a lot of discussion on and I still have some questions and I want to thank you because I know it really does not work at all with a worker's comp system and yet some of the statements yesterday I understood in the rural areas where you might have farmers or people engaged in agricultural economic activities that they would be injured but it doesn't fit into the worker's comp system at all because of the work that we've been doing in closed networks and trying to adhere to reducing the cost for employers for our worker's comp system. So my question is -- and I thank you very much, just to make it plain that you would remove from all of the controlled substance, which I think does add liability and to my knowledge I think would make doctor's office at risk for the type of robberies that occur in -- at a lot of pharmacies or attempted robberies. But my question still has to do with as we change our Medicaid system to one of third party payers, how does the vendor drug program that is now going to be, as I understand it, in the new system that we are doing with Senator Nelson's bill will be managed care, how would the for -- either third party payer but particularly with our children's health insurance program and Medicaid, how does a physician have different ED numbers to -- for -- to be a -- under network for the pharmacy and under network for the services part? How does that get around the rule that, in other words, you know, when physicians own x-ray or labs or anything like that, they have to have like another type of entity, how does this work in relationship with the Medicaid program?

SENATOR BOB DEUELL: Well, I don't know the specifics of how that may be worked out. I think that like any insurance plan that the physician has to work out and become a provider. This bill is not designed to have every physician in Texas dispense or distribute every medication that they want a patient to have. This does not alter that vendor program and if it doesn't work out where physicians can participate in that through negotiation, as you know, we're going to managed care and if it can't be worked out, I would think though what would happen would be some physicians now do lab and other services, they work out an agreement with whatever insurance company is doing the managed care to provide that service. Some allow it, some don't, depends on the cost. It could be open to bidding. I don't think this hinders the new vendor drug program, I know there were controversies about how that would be administered. Again, this just gives a tool for some physicians. Again I'm not planning to use this myself but some physicians, especially in rural areas, to be able to have medicines in their office, we've taken out the controlled substances, blood pressure, diabetes, those types of medications, antibiotics, allergy medicines. As a convenience I would imagine if it didn't cost less, it certainly wouldn't cost any more and it would help improve compliance which would improve the overall health of the population.

SENATOR LETICIA VAN DE PUTTE: So if the physicians are now only under the jurisdiction of -- as they are now, the state board of medical examiners, how does the storage and compliance issues for storage and/or recordkeeping that are not monitored by the state board of medical examiners but are, in fact, under pharmacy law does that exempt physicians from those provisions of the health and safety code that deal with the record keeping, the inspection, the type of things that are required under four pharmacies for storage of drugs and all of that?

SENATOR BOB DEUELL: I wouldn't think so but we are under the jurisdiction of the Texas Medical Board with how we handle medications in our offices, we have samples, we have injectables, medications and we have to keep records, they have to be locked, I mean, we -- many physicians have pain controlled substance pain medications you don't leave those lying out you -- our sample room is locked, we get in by a combination, we have logs about the samples we've received, we have logs about the samples we distribute, it's in the charts and we do the exact same thing with our injectables which would be again pain medications, allergy medications, allergy desensitization and all of that is regulated. But it is incumbent if a physician were doing this and was not properly maintaining the inventory or properly dispensing it, the Texas Medical Board, if there was a complaint filed, they could intervene. But I think whatever the laws will be with this, the physicians who want to do it are going to have to comply and they're going to have to weigh that regulation and recordkeeping against the benefits to their practice and to their patients.

SENATOR LETICIA VAN DE PUTTE: Under your bill would physicians be required to do the fees that are currently required under the state board of pharmacy to ensure that we've got -- those fees are for either all the different classes of pharmacies and their pharmacies that are hospital, nuclear, community, nursing home pharmacy, emergency clinic pharmacies. We've got I think it's class A through class H now. Under this instance since it's the medical board doing it -- so there's going to be no fee or no inspection because by law anyone who has a pharmacy, they have to come physically visit you within a -- it's usually an 18 to 24-month period. So I know that the board of medical examiners would probably look at it but only upon complaint. So what happens? Is there going to be the same sort of inspection or fees because you're -- it would seem that that might not be the case because we're not going under -- we're having a pharmacy but not regulated or license or inspected under the safety code for pharmacies.

SENATOR BOB DEUELL: Well, I don't think this will be looked at as having a pharmacy in a medical office, this will be physicians who are qualified by training, license and experience to prescribe certain medications. They're just going to keep them there. I mean, we have a large sample room which is probably as big as our member's lounge and I don't know if we were going to do this our particular practice, if we would use that room or use another or whatever. But we're not asking physicians to be pharmacies, we're allowing physicians to dispense and distribute medications. No -- a physician in another practice would not be able to write a prescription and send that patient over to our office. You know, it would only be for the individual patients and you could even have an individual physician a practice perhaps do it and not have his or her colleagues do it.

SENATOR LETICIA VAN DE PUTTE: And I certainly understand it and since we already have the ability for physicians in counties of less than 30,000, this law is already in place for most of our very rural counties; is that correct?

SENATOR BOB DEUELL: Well, there are many rural counties that have a population much greater than 30,000, Hunt County is one of them. We're almost at 100,000 and yet we've had -- we had a problem, as I mentioned yesterday, where we opened a clinic in Wolf City which is about 20 miles from Greenville. Very rural, farm community, good people and we couldn't make that clinic viable because people still had to come to Greenville to get medication. So I think there are many instances where a county is quite large, not super large like Harris County or Dallas County but that this would be a useful tool. And, again, in Greenville a town of 25,000, within Hunt County, I have patients who come on the senior citizen bus who need medications and we do prescribing now and I can prescribe the medication via e-mail and they don't have a way to get to the pharmacy. They either have to rely on a relative or a friend and unfortunately some of my patients don't have people that can actually do that for them. I've actually done it myself and gone and picked it up and taken it to their house and this would give me a tool -- if I said I was going to do this but I said I won't -- this would give me the tool where I would have the medication right there.

SENATOR LETICIA VAN DE PUTTE: Well, thank you, Dr. Deuell. I know that you do this because you deeply care about patient care and -- but understand my opposition is because this is something very, very different in what we normally have in the code. It is, I think, although allowable under the Medical Practice Act and particularly for counties already under 30,000 this blurs the line between the traditional scope of practice where physicians do the diagnosis and prescribing and then the pharmacy does the actual dispensing. And so I really think it does blur the lines, and I think it is a serious, serious difference in scope of practice and do not believe it's really in the best interest of our patients. I don't have any other questions, but I certainly understand your position. I just hope that you understand I respectfully disagree.

SENATOR BOB DEUELL: Well, thank you and I have great respect for the pharmacy profession and rely on them very much. I'm just looking for this to be another tool. There was a day actually when physicians did this more than they do now, when we didn't have people like you and good pharmacies around, when most of the medications were dispensed and distributed from the physician's office and I understand the opposition. Again I think some of it is disingenuous. Pharmacies now have medical clinics and I'm not doing this bill just to retaliate for that. Pharmacies seem to have a need for a medical clinic in their pharmacy as a convenience to patients and helping with compliance and -- but they seem to oppose us doing the exact same thing. When there is a definite need for this particular service in a state that's as big as Texas and other states already do this to various degrees there's nuances and assuming the bill can get passed, we will look at how it works and if there's problems that don't benefit patients or something is unfair to pharmacies or to physicians or somewhere in the line, then I'm more than willing to look at legislation to correct that. Mr. President, I move suspension.

SENATOR STEVE OGDEN: Members, before we about on that motion, Senator Whitmire moves to excuse Senator Williams on matters of important business. Is there objection? Chair hears none, it is so ordered. Senator Deuell moves adoption of --

SENATOR BOB DEUELL: Suspension.

SENATOR STEVE OGDEN: Excuse me. Senator Deuell moves suspension of the regular order of business to take up and consider Senate Bill 546 on third reading. The secretary will call the roll.

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

SENATOR STEVE OGDEN: There being 20 ayes and zero nays, the rule is suspended. The Chair lays out on third reading and final passage --

SENATOR BOB DEUELL: Mr. President, we had two amendments.

SENATOR STEVE OGDEN: I understand. The Chair lays out on third reading and final passage Committee Substitute to Senate Bill 546. The secretary will read the caption.

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

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

PATSY SPAW: Floor amendment No. 1 by Deuell.

SENATOR STEVE OGDEN: Chair recognizes Senator Deuell.

SENATOR BOB DEUELL: Thank you, Mr. President and members. This is the amendment that will leave out schedule two through five controlled substances. This addresses the concerns that we would undo some of the legislation we've worked hard on about pill mills and inappropriate subscribing of narcotics and dangerous drugs. I move adoption.

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

PATSY SPAW: Floor amendment No. 2 by Deuell.

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

SENATOR BOB DEUELL: This is the amendment we passed out, but this amendment is to eliminate the worker's compensation program from this bill. I move adoption.

SENATOR STEVE OGDEN: Is there objection to adoption of floor amendment No. 2? Chair hears none, the amendment is adopted. Senator Deuell is recognized for a motion.

SENATOR BOB DEUELL: Thank you, Mr. President and members. I understand the difficulty this bill presents to some people and I appreciate your consideration regardless of the way you voted and I move final passage of Committee Substitute to Senate Bill 546 as amended.

SENATOR STEVE OGDEN: The secretary will call the roll.

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

SENATOR STEVE OGDEN: There being 17 ayes and 13 nays, the bill is finally passed.

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

SENATOR STEVE OGDEN: Senator Zaffirini. Senator Zaffirini is recognized for a motion to suspend the regular order of business on House Bill 1346.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. Mr. President and members, I move to suspend the Senate's regular order of business in order to take up and consider at this time House Bill 1346 by Representative Guillen relating to the consistent use of game warden throughout the parks and wildlife code. Members, all this bill does is replace all references to management officer with warden in the code and remove redundant references to the words of this section. Mr. President, I move suspension.

SENATOR STEVE OGDEN: Is there objection? Char hears none, the rule is suspended. The Chair lays out on second reading had been 1346. The secretary will read the caption.

PATSY SPAW: House Bill 1346 relating to consistent use of term of game warden throughout parks and wildlife code.

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

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

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

SENATOR STEVE OGDEN: The secretary will call the roll.

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

SENATOR STEVE OGDEN: Being 30 ayes and zero nays, constitutional three day rule is suspended. The Chair lays out on third reading and final passage House Bill 1346. The secretary will read the caption.

PATSY SPAW: House Bill 1346 relating to the consistent use of the term game warden throughout the parks and wildlife code.

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

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

SENATOR STEVE OGDEN: The secretary will call the roll.

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

SENATOR STEVE OGDEN: Being 30 ayes and no nays, the bill is finally passed. Thank you.

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

SENATOR KEVIN ELTIFE: The Chair recognizes Senator Hinojosa for a motion not to concur on amendments to SB1420.

SENATOR JUAN HINOJOSA: Thank you, Mr. President and members. Senate Bill 1420 is the sunset bill for the Texas Department of Transportation and I move that the Senate refuse to concur in House amendments to Senate Bill 1420 and request the appointment of a conference committee.

SENATOR KEVIN ELTIFE: Senator Hinojosa moves that the Senate not concur in House amendments to SB1420 and request the appointment of a conference committee. Is there objection? Chair hears none. Are there any motion to instruct? Hearing none, the following conferees.

PATSY SPAW: Conference committee on Senate Bill 1420: Chair Senator Hinojosa, members, Senator Nelson, Senator Hegar, Senator Nichols, and Senator Williams.

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

SENATOR KEVIN ELTIFE: Thank you, Senator Hinojosa.

LT. GOVERNOR DAVID DEWHURST: Members, the president signs in the presence of the Senate the following bills. The secretary will read the list of bills.

PATSY SPAW: House Bill 558, House Bill 600, House Bill 801, House Bill 1551 and House Bill 1944, Senate Bill 782 and Senate Bill 894.

LT. GOVERNOR DAVID DEWHURST: Members, the Chair lays out the following resolution HCR148 by Senator Van de Putte. Secretary will read the resolution.

PATSY SPAW: HCR148 recalling House Bill from the governor to allow the chief clerk to make a correction in the certification of the bill.

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

SENATOR LETICIA VAN DE PUTTE: Thank you, Mr. President and members. HCR No. 148 by Representative Dan Flynn is the author of our bill that we had already at the governor's desk which is the disposition of remains for military members. There was a small error in the certification. We need to add the words "signed in the presence of the House" so this concurrent resolution ask that we bring that bill back so we can properly add those words. We do not anticipate any change in the body of the language of the bill. With that, members, I move adoption of HCR148.

LT. GOVERNOR DAVID DEWHURST: Thank yo,u, Senator Van de Putte. Members, you heard the motion by Senator Van de Putte. Is there objection from any members? The Chair hears no objection from any members and the resolution is adopted. Members, if you don't remember yesterday afternoon we were discussing one of the fiscal matters bills and Senator Ogden stopped on third reading. The Chair lays out on third -- 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, I move to suspend the regular order of business to take up and consider Committee Substitute to Senate Bill 1584 on third reading.

SENATOR RODNEY ELLIS: Question.

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

SENATOR RODNEY ELLIS: Quick parliamentary inquiry, just so I know.

LT. GOVERNOR DAVID DEWHURST: State your inquiry.

SENATOR RODNEY ELLIS: Just so I know, how many votes will it take to suspend the regular order of business on this bill today? Just so we know?

SENATOR STEVE OGDEN: Twenty-one I think or 20.

LT. GOVERNOR DAVID DEWHURST: Well, actually 20 right now.

SENATOR RODNEY ELLIS: Twenty? Okay. Okay. One of yours is absent. So sorry. Now, let me ask my question.

SENATOR STEVE OGDEN: We're all one family, Senator.

LT. GOVERNOR DAVID DEWHURST: Will Senator Ogden yield?

SENATOR RODNEY ELLIS: Well, since we're all one family and I was trying to work together, I was trying to find this as you have referred to it as sweet spot or consensus or what number on this amendment that I didn't bring up on yesterday. I just want to get some sense before we suspend that you do agree with me on the concept that there ought to be some reform of the gas exemption. I don't know what the number is and I have asked around and so I have a series of amendments four, five, and six to trigger not using that exemption to help the rainy day fund, as you know, because it will bring more money in the rainy day fund that I know some of may colleagues are very concerned about and it will give us more money so we don't have to make as severe cuts as we're looking at for public Ed and health care. So I just want some sense from you, Mr. Chairman, because you have such influence in this body.

SENATOR STEVE OGDEN: Well, for one thing I got a conflict because I'm in the business and I do take advantage of that position and my public position is I'd be willing to vote for a appropriately structured amendment if the triggered price was $6 or above.

SENATOR RODNEY ELLIS: Okay. So you do agree with the concept, and so when I go forward with four, five, and six, I agree with you, if you have a conflict, don't vote on the four and five but I would look over it when we get to the six if I need you.

SENATOR STEVE OGDEN: Well, the -- I'll just stick with what I just told you.

SENATOR RODNEY ELLIS: Okay, thank you.

LT. GOVERNOR DAVID DEWHURST: Members, the motion before us is to suspend the regular order of business for third reading on Committee Substitute to Senate Bill 1584. There are a number of amendments that are proposed to go on during third reading. Is there objection from any members on the suspension? Hearing no objection from any members, the rule is suspended. The Chair lays out on third reading and final passage 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 related to natural resources and the environment.

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

PATSY SPAW: Floor amendment No. 1 by Ellis.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Ellis to explain floor amendment one.

SENATOR RODNEY ELLIS: Mr. President and members, I walked through some of this yesterday but I want to walk through some of it briefly. This amendment would reform the huge g's, high cost gas loophole that will allow us to save billions of dollars, prevent some of the cuts that I made reference to earlier and I think give us a more fair and responsible tax code in this area. As a compromise my amendment to close the high cost tax loophole would only take effect when the price of gas averages either four, five, or $6, this one is for $4 per thousand cubic feet MCS for a three month stretch specifically if the Railroad Commission certifies the average closing cost of gas for the previous three months was over $4 per thousand cubic feet, then the commission may not certify that gas is high cost for the purpose of the exemption during any month of the three-month period. This continues each month the price is above $4 per MCF. Further if the price dips back to below any driven cost incurred during a month where the price exceeds $4 are excluded from the calculation of the wells value purpose for exemption. The point is if gas goes above $4 for an extended period of time the high cost gas exemption would not be in effect. Members, while I'm trying to find whatever the number is, agree the numbers four, five, and six I would mention that in 2010 the average price was around $4 and the companies that benefits from that recorded record profits in the billions. The price of gas hasn't been above $5 since 2008. The last five months the price has been 3.76, 3.69, 3.34, 3.96, 4.08 and $4. When the high cost loophole took effect in Texas the price of gas when this loophole took effect averaged $1.65, that was in 1989. A higher rate would not drive off producers, producers will drill wherever the gas is located and as we know Texas is astoundingly gas rich with the Burnett shell and the Eagle Ford shell. I think we have a choice, members. We can choose to prioritize our friends in the gas industry by supporting an antiquated gas incentive that no longer serves its purpose or we can choose to prioritize our kids and most vulnerable Texans. I would move adoption of the amendment.

SENATOR KEL SELIGER: Mr. President, parliamentary inquiry.

LT. GOVERNOR DAVID DEWHURST: State your inquiry.

SENATOR KEL SELIGER: My inquiry deals with the fact that this fiscal matters deals primarily with funds derived of regulatory activities or directed to regulatory activities and this is a tax that is directed to general fund or general fund designated purposes.

LT. GOVERNOR DAVID DEWHURST: Would Senator Seliger and Senator Ellis approach the podium?

SENATOR KEL SELIGER: Yes, sir.

SENATOR RODNEY ELLIS: Mr. President, are guns allowed in the chamber?

LT. GOVERNOR DAVID DEWHURST: Members, floor amendment No. 1 is withdrawn. The Chair lays out floor amendment No. 2 by Senator Ellis. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 2 by Ellis.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes -- is Senator Ellis on the floor? The Chair temporarily withdraws floor amendment No. 2. All right. The Chair lays out floor amendment No. 2 by Senator Ellis. Secretary will read the resolution.

PATSY SPAW: Floor amendment No. 2 by Ellis.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Ellis to explain floor amendment No. 2.

SENATOR RODNEY ELLIS: Thank you, Mr. President. Members, I have as you know withdrawn the amendment that would have put the trigger at $4 instead of $5. This puts the trigger reform this exemption at $6. And members, I want to just give you some sense of how long it has been since the price has been at $6. I have a table here from the U.S. National Gas Well Head price thousand per cubic feet table. In 2004 in the month of November, the price was $6.21 in December of that year it was $6.01. Then in '05 the first three months of the year it was under $6 and then in April of 2005 it was 6.57, May 6.29, June, 6.71, 6.48, 8.895 in September of 2005 and $10.33 which was a record high in October of that year and then it was 9.89, 9.08. The next time it got higher than $6 would have been -- well, in '06 for most months it was over $6 other than for three months of that year. And then in '07 it was over $6 for six months of that year. And then I think according to this table the record high was in '08 the price was $10.79 in the month of July. And in '09 it remained under $6. And in '10 it remained under $6 and so far this year the average was 4.08, January, 4.23 in February. And I was watching television this morning at the gym and the price is under $4. So I think this is about as reasonable as any of us could get. I know there have been some concerns about whether or not we would lose our share of production. I mentioned earlier in my opening remarks people are going to drill where the gas is and we've been very fortunate in Texas to have tremendous natural resources and I just think that it makes sense for us to have a reasonable trigger. I must admit I was being a little aggressive with the $4 and $5. From my vantage point I think that's a reasonable number but I'm more than willing to compromise. I have heard some members say privately and publicly that they thought $6 trigger was something they could live with. A couple of my colleagues on both sides of the aisle have talked to me and persuaded me that this $6 is something that they think they could live with. I know that I'll have a higher threshold in order to get this amendment on this day in terms of number of votes and I was aware of that yesterday when Senator Ogden asked me to wait but I didn't want to in any way influence members to vote against his bill. So I want to encourage members to think long and hard about this number of $6. I mentioned that this tax break has accomplished its purpose, it helped us to do as well as the state has done and the companies did with Burnett Shell and the Eagle Ford Shell. A number of the people that are concerned about this amendment live in my district at least for now, I hope they'll continue to live in my district after redistricting, but I think this is extremely reasonable, it shows that we are sincere about saying everyone in Texas ought to make a sacrifice during these very lean economic times. I want to encourage my colleagues to remember that all members on my side of the aisle voted for the major revenue measure to generate the money for Senator Ogden's bill. We didn't vote for the bill but all of us on my side did vote for that revenue measure, nontax revenue measure that Senator Duncan had and I want you to encourage y'all to think about. We said $4, that's a lot of money to come in benefit our schools and health care in Texas. We know what's happening in the House so far and some of the nontax revenue items that you were looking at possibly won't be there. So this gives you a real opportunity to come up with additional revenue on the table and I appreciate, Senator Seliger, being kind enough to let me explain this to you in an extended way so members understand it. And I'm prepared to vote on it if Senator Seliger is ready. So I would move adoption of amendment No. 2.

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

SENATOR ROBERT NICHOLS: Ask the author of the amendment a question.

LT. GOVERNOR DAVID DEWHURST: Will Senator Ellis yield?

SENATOR RODNEY ELLIS: Yes, sir.

SENATOR ROBERT NICHOLS: I was trying to listen to you talk about the various prices of natural gas at different times and stuff, and I will openly admit I'm not an expert on natural gas prices but I do recall in the last three years maybe four, it's been all over the board. I recall it at $7 at one point, and then it got all the way up to 12 or $13 and it spiked up there then it's come way down in recent times. What I do remember on home electrical pricing I had been working on the PUC bill and ERCOT some of that stuff and I got a little more involved in how they calculate those rates, and if I recall -- I don't have notes with me, going by memory, that your home electricity rate, the component, about 60 percent of the cost is like natural gas. So if natural gas goes up, your electrical cost up. Natural gas comes down, your electrical cost -- the bill you pay for your home electric goes down. And I remember when it was up around seven to $13 the electrical bill at my house tripled, it was really high, and everybody was talking just a few years ago when natural gas shot up how high their electric bills were and all the electrical generators including, you know, everybody talked about home electricity. Well, I kind of like having the cost of natural gas low but when we -- if we vote to eliminate these exemptions even at six, then that will add to the cost of producing natural gas; is that correct?

SENATOR RODNEY ELLIS: Senator, I'm not sure but I would say this to you: As you know, the system benefit fund was created to help low income households address that very issue and, of course, your household probably wouldn't classify but as you know we took that money and we used it to balance a budget and we used it as a method of finance on a very long time. But on the prices that I went through with you on the cost, the high point I saw was in 2008. In June of 2008 it was $10.36. In July it was 10.79 and according to my chart those were the two highest -- yeah, those were the two highest months and so that figure of $11, if this chart is accurate, I think it came from the railroad --

SENATOR ROBERT NICHOLS: Okay. I wasn't trying to debate the actual price, and I said I didn't have my notes. My point was if we eliminate the exemption, we do increase the cost of natural gas, natural gas connects directly to your home electric bill and that was the point I was trying to make. Thank you very much.

SENATOR RODNEY ELLIS: Thank you. I would just say the market determines a lot of that, and I know you're a free market enterprise person so I'm assuming you'll be for this amendment. Thank you. I move adoption.

LT. GOVERNOR DAVID DEWHURST: Senator Ogden, there's an amendment to the amendment but do you wish to rise and speak? No.

SENATOR STEVE OGDEN: We can go ahead and do the amendment to the amendment.

LT. GOVERNOR DAVID DEWHURST: The Chair lays out floor amendment No. 3 by Senator Davis which is an amendment to floor amendment No. 2. The secretary will read the amendment.

PATSY SPAW: Floor amendment No. 3 amending floor amendment No. 2 by Davis.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Davis to explain floor amendment No. 3.

SENATOR WENDY DAVIS: Thank you, Mr. President. The amendment to Senator Ellis' amendment would basically redefine the way moneys in excess of the exemption are distributed today. Today when these proceeds come in to our coffers, tax code 201.403 gives the first 1 percent of the tax to the comptroller for administrative purposes and then the balance is split 25 percent of which goes to the foundation school fund and percent to the general revenue fund. What this amendment would do if Senator Ellis' amendment passes, once gas hits that $6 price and the tax is no longer exempted beyond the $6, the revenue that would come into the state rather than coming in under the current formula where only 25 percent of that goes to the foundation school fund, 75 percent of it goes to the general revenue fund. Instead the entirety would go to the foundation school fund. I don't think I have to let anyone in these chambers know why it would be important for us to do that. I would move adoption of the amendment to the amendment.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Ogden on floor amendment No. 3 which is an amendment to floor amendment No. 2.

SENATOR STEVE OGDEN: Senator Davis, I appreciate this sentiment and this reminds me of the dedication of lottery revenue to public education and I'm not sure how this could work as a matter of practicality. I mean, the comptroller shall deposit that revenue to the credit of the foundation school program. But there's not, as far as I know, a foundation school program general revenue dedicated account out there. I mean, the way we fund the foundation school program is with general revenue. As far as I know there isn't a general revenue dedicated account called foundation school program and so I know -- I think it makes the accounting pretty confusing because all the other tax revenue associated with a gas well goes to general revenue. I think as a practical matter this would be pretty hard to do and may not be possible at all.

SENATOR WENDY DAVIS: Well, thank you, Senator Ogden, I don't want to complicate Senator Ellis' amendment and if this creates a problem and harms his ability to successfully achieving this amendment to your fiscal matters bill 1584 I'll remove it. But it is my understanding that today under the tax code under tax code 201.403 the first 1 percent of those tax revenues go to the comptroller for administrative purposes and then under tax code 201.404 as it stands in law today percent of the remaining balance after that 1 percent is paid to the comptroller for administrative fees, percent of the remaining balance goes to the foundation school program or the foundation school fund and the remaining 75 percent goes to GR. And so what this amendment is seeking to do rather than have any of it flow into GR, the entirety of the balance after the percent was paid to administrative cost would go to the foundation school fund.

SENATOR STEVE OGDEN: And you may be right. I just don't know about that accounting school mechanism. It's 25 percent of what? Twenty-five percent of what? Goes to the foundation school program?

SENATOR WENDY DAVIS: Of the tax that's collected for gas drilling today.

SENATOR STEVE OGDEN: So 25 percent of the severance tax that we collect at least after deducting percent for administration according to the tax code go to the foundation school program?

SENATOR WENDY DAVIS: Correct.

SENATOR STEVE OGDEN: I was not aware of that, so I --

SENATOR WENDY DAVIS: What I would suggest, Senator Ogden, I'll go ahead and pull this off because I don't want to complicate Senator Ellis' very tabooed amendment and do anything that might damage the possibility for its passage. But as we continue through the process if something like this is added or we're able to find another vehicle to credit a different perspective on this exemption, I would appreciate the opportunity for us to give thought how that might occur. I think it's probably the goal of the entire body to the extent that any additional proceeds could be found to make sure that we're utilizing them for the purpose of trying to fill that 4 billion shortfall that we have for public education right now, so I would just ask that we work together to achieve that.

SENATOR STEVE OGDEN: Thank you.

SENATOR WENDY DAVIS: Thank you. And I will pull down the amendment to floor amendment No. 3.

LT. GOVERNOR DAVID DEWHURST: Members, Senator Davis pulls down floor amendment No. 3. The issue is in front of us is floor amendment No. 2. The Chair recognizes Senator Ogden on floor amendment No. 2.

SENATOR STEVE OGDEN: Mr. President and members, Senator Ellis brings up a very good point and I'd like to at least articulate a little bit more about this issue. In any business, the determining factor on whether you invest or not invest is based on an estimate of the revenues that you can collect unless the expenses that would be incurred and hopefully you find things that make more money than they cost and that's why you invest in them and when it comes to severance taxes at least in my business and I think in most other oil and gas businesses, a severance tax is simply viewed as other expense and it's not treated any differently except for federal income tax purposes. But as far as business purpose as severance tax from an expense standpoint isn't any different than the expense of hiring a contractor or the cost of the electricity or the cost of fuel. I mean, it's just the cost of doing business and so it makes sense when prices are historically low levels to reduce the cost associated with looking for natural gas and one of the ways you reduce the cost is by exempting the severance tax. It also makes sense when the value of natural gas goes up, maybe not only should the producer benefit but maybe the state ought to benefit too because they're really not asking for 100 hundred percent of the increase, they're only asking for 7 and a half percent of the increase more or less. Severance taxes are -- in my opinion the value is a little bit high relative to oil. I mean, oil only has a 4.6 percent severance tax rate, natural gas has seven and a half percent. It's curious to me why its been higher. I've been told the reason it's 7 and a half percent instead of 4.6 is because natural gas wasn't worth very much and so they need to put it at seven and a half to raise revenue. I do not object to the philosophy behind this. I think if $6 is the current, in my mind the trigger price that this amendment would be better if it basically said $6.50 because when you put 7 a half severance tax on $6.50, you net out put the seven and a half percent tax on $6 you're really back to $5.50 which is below your trigger price. So I don't object to the philosophy behind this amendment. I am in the business, I have a clear conflict here, most likely I'll vote a white light on this but I think you make a good point and in my opinion you'd have a better amendment if that price was $6.50 because at $6 you begin to pay seven and a half percent and so in order to net six back you got to receive 6.50.

SENATOR RODNEY ELLIS: Mr. President, I'd like to offer an amendment to the amendment. $6.50 and it is on the way up now. And that amendment to the amendment will follow the recommendation of the finance chair, I'll make it 6.50 and the reason, members, that I'm doing that is because many of us on this floor have passed some kind of a tax exemption over the years. I think the one that I passed some years ago during the Bush years may be about the third or fourth largest tax break in the history of the state and my bill was initially just for the sales tax holiday on back to school clothing. We had difficulty explaining that and then that expanded to Senator Sibley's research and development proposal. I think somebody may have been, Troy Fraser had the internet connection and over the counter drugs got added and that bill is something that I probably point to on my website from time to time but the issue is how any of us go back and repeal tax breaks that we put in. And I don't think anybody on this floor even knows all the of the tax breaks that are somewhere in the tax code or statute somewhere in Texas. There's a bill, Senator Duncan, before finance that has had a hearing, we had C, triple B and our former, lieutenant, governor Bill Hobby testified on it. I called you once early on when your subcommittee was set up and I think you were looking at the sunset in west Texas and you were mentioning to me you were thinking about the same idea about how we could take the tax code provisions through the sunset process like we do other things and then it was Chairman Ogden who really gave me the idea of doing it as a constitutional amendment and then instead of having them go through sunset and put that burden on them, have the Senate and finance and House appropriations committee have to review all of the tax cuts, loopholes, whatever you want to refer to them -- economic development tools that are in law in Texas and if they were a good idea, 50, 60, 20, or four years ago in this case with the yacht exemption coming through. If they were a good idea when they passed, they should be good idea unless they were applied automatically and reduced to give ourselves a six year period to do it, so that industry would have some predictability of what it would cost to produce a given product and this discussion really is just one part of that broader discussion but I don't think that bill is going to see the light of day. I don't have the votes in the finance committee, so I won't be able to have a vote on it. So it forces me to look for other legislation to try and add something onto and this bill has a broad enough caption, you know, there's general revenue in the section of this bill I think on page seven section 6.174 of the natural resource code is amended regarding some civil penalties and that money will be deposited in the general revenue code. So it's a good idea and I'm just trying to figure out how we get there and if $4 was not the consensus numbers, $5 was not, I thought it was $6 yesterday. But if it's 6.50, that's fine with me. The broader issue is we got to get to the point where we are figuring out how we review these loopholes, these tax breaks, development tools that will put into state law and have some systematic and responsible way of deciding when they have outlived their usefulness or not. I think I got to sign this amendment before it goes up.

LT. GOVERNOR DAVID DEWHURST: Members, we have in front of us floor amendment two by Senator Ellis, it's $6. Instead of laying out another amendment, there any objection to changing that amendment to $6.50 rather than $6? No, I'm not asking you to vote on it, I am just asking you for purposes of the piece of paper in front of you. Is there objection from any members? The Chair hears no objection and floor amendment No. 2 will read 6.50 instead of $6.

SENATOR RODNEY ELLIS: Thank you, Mr. President. That's a wonderful amendment and I would move adoption of it.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Ogden on floor amendment two that should be read as 6.50 instead of $6.

SENATOR STEVE OGDEN: Mr. President, I'll leave it up to the will of the Senate.

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

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

LT. GOVERNOR DAVID DEWHURST: Members, there being 16 ayes and 13 nays, the amendment fails on third reading. Two-thirds of those present which would be 20 is required. There's 16 ayes and 13 nays.

SENATOR RODNEY ELLIS: Thank you, Mr. President. And you 16, you'll see this amendment again.

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: Senator Davis, for what purpose do you recognize?

SENATOR WENDY DAVIS: To ask Senator Ogden a question before the final vote.

LT. GOVERNOR DAVID DEWHURST: Will Senator Ogden yield?

SENATOR STEVE OGDEN: I yield.

SENATOR WENDY DAVIS: Senator Ogden, I apologize I'm trying to pull up a document I had up here a moment ago, here it is. When the LBB presented their findings to the finance committee on the high cost gas exemption, they pointed out some issues relative to that exemption. Particularly they pointed out that the exemption doesn't exist for other productions and in fact they said high cost gas well certifications are based on 30-year-old production definitions that rely on the type of gas produced in the manner of production rather than the actual cost to drill and I think you know as the discussion on this unfolded today, one of the issues at stake here is have we really been providing this exemption for the purpose for which it was intended and now that it's really not even looking at the actual cost to drill, I think it merits our attention to that as we go forward whether it's immediately as part of this bill or another process before the end of our session. In fiscal year 2009, the exemption resulted in the certification of a 24,000-dollar gas well as a high cost operation when the median drilling cost was 2.3 million and the LBB also pointed out that in fiscal 2009 high cost gas operations represented 55 percent of the total production, therefore highlighting the value that the exemption has risen to. The value of the high cost natural gas tax rate reduction reached a high of 2.17 billion in fiscal year '08 and average year 21.3 billion during fiscal years '04 through '09. During fiscal year 2010, the state auditors office documented multiple instances in which tax audit processes did not prevent taxpayers from claiming rate reductions in excess of the statutory limits and the comptroller later reported the 357 natural gas wells had exceeded maximum rate reduction caps. And the reason that I rise to say all of that is that even if an argument exists that the exemption is a good idea for those wells that are high cost and therefore we want to make sure that we're not doing anything that's going to interfere with the production of gas and the value of that to our economy and the jobs that are created, two questions arise. No. 1, have we appropriately defined those that are given the exemption, those that should qualify for the exemption? I don't think anyone here on the floor would be willing to say that a 24,000-dollar gas well should receive a high cost gas exemption. So No. 1, do we need to look at redefining what that means? But No. 2, many 357 natural gas wells exceeded their maximum rate reduction caps according to the comptroller that was before and still has not really been a thorough audit of the way this exemption is being used and so even to the extent that it exist or we agree there's a good idea for it to exist, it's not necessarily being applied appropriately or requested appropriately by those who are claiming the exemption. And certainly the LBB pointed out the need to have a very thorough audit of the way the exemption is being requested today and being granted. So I rise just to make a point before we vote a final decision on this particular amendment. I do think it's incumbent upon us to look at those two questions and see if there's a way we might answer them before we go forward at the end of session and determining if there's an appropriate way to determine them on another vehicle.

SENATOR STEVE OGDEN: Thank you, Senator.

LT. GOVERNOR DAVID DEWHURST: Members, the motion before us is final passage of Committee Substitute to Senate Bill 1584. The secretary will call the roll.

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

LT. GOVERNOR DAVID DEWHURST: There being ayes and two nays, Committee Substitute to Senate Bill 1584 as amended is finally passed. Senator Wentworth, did you to -- are you ready with your bill?

SENATOR JEFF WENTWORTH: 543, Mr. President.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Wentworth for a motion to suspend the regular order of business to take up and consider Committee Substitute Senate Bill 1543. Members, I think we're down to two last bills. I said I'd get you out of here by 1:30 so I may get you out earlier. Senator Wentworth, could you hold for a second? Mr. Doorkeeper.

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

LT. GOVERNOR DAVID DEWHURST: Admit the messenger.

MESSENGER: Thank you, Mr. President. Mr. President, I'm directed by the House to inform the Senate that the House has taken the following action, the House has passed the following measures, HB122 by Veazey relating to proof that it is acceptable for identifying individuals --

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

SENATOR JEFF WENTWORTH: Thank you, Mr. President. Mr. President, I move to suspend the regular order of business to take up and consider the Committee Substitute for Senate Bill 1543 relating to the authority of an independent school district to invest in corporate bonds. With the expected reduction in state funding the public education school districts need to be creative and thoughtful in maximizing their investment opportunities. Committee Substitute for Senate Bill 1543 would allow school districts to invest in triple A or double A rated corporate bonds. Corporate bonds are debt (inaudible) issued by a corporation and sold to investors. The substitute added safeguards to limit the type, length to maturity and amount of investments a corporate bonds. Generally speaking investment grade corporate bonds will earn 1/4 percent more than commercial paper which often is not as safe as corporate bonds. Committee Substitute for Senate Bill 1543 applies to approximately 135 school districts with long-term debt greater than $100 million. This bill is a permissive bill in that each job school district would have the option of deciding whether or not to invest in corporate bonds. Our institution of higher education are already permitted to invest in these corporate bonds. Committee Substitute for Senate Bill 1543 already expands this authority with limitations to our school districts. The potential income of corporate bonds is substantial. For instance, if $100 million were invested over the course of a year the earnings would pay for more than four teachers or if a district could have invested $50 million in a triple A or double A rated corporate securities, rather than treasuries over the past ten years, the district would have earned approximately $1.3 million more in interest. Mr. President, I move to suspend the regular order of business to take up and consider Committee Substitute for Senate Bill 1543.

SENATOR KEVIN ELTIFE: Senator Wentworth now moves suspension of the regular order of business to take up and consider Committee Substitute SB1543.

SENATOR RODNEY ELLIS: Parliamentary inquiry.

SENATOR KEVIN ELTIFE: Senator Ellis, for what purpose?

SENATOR RODNEY ELLIS: Does Senator Wentworth normally vote against suspending rules and how is he asking to have the rules suspended?

SENATOR KEVIN ELTIFE: Senator Wentworth, you'd like to comment on that?

SENATOR JEFF WENTWORTH: Mr. President, I vote to suspend the rules on bills that I favor and I vote against the motion to suspend -- this is a motion to suspend the regular order of business, Senator Ellis.

SENATOR RODNEY ELLIS: Okay. When we get to the other on the backside, you going to vote for it or against it?

SENATOR JEFF WENTWORTH: On the backside of what?

SENATOR RODNEY ELLIS: On your last motion.

SENATOR JEFF WENTWORTH: I have been voting Senator Ellis to suspend the constitutional three day rule all day today.

SENATOR RODNEY ELLIS: Today?

SENATOR JEFF WENTWORTH: Today, yes, sir.

SENATOR RODNEY ELLIS: Well, thank you.

SENATOR JEFF WENTWORTH: You're welcome. I reurge my motion to suspend the regular order of business, Mr. President.

SENATOR KEVIN ELTIFE: Senator Wentworth reurges his motion to suspend the Senate's regular order of business on Committee Substitute to Senate Bill 1543. Is there objection? The Chair hears none, rule is suspended. The Chair lays out on second reading Committee Substitute SB1543. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 1543 relating to the authority of an independent school district to invest in corporate bonds.

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

SENATOR JEFF WENTWORTH: Mr. President, I move passage to engrossment of Committee Substitute to Senate Bill 1543.

SENATOR KEVIN ELTIFE: Senator Wentworth now moves passage to engrossment. Is there objection? Chair hears none, Committee Substitute SB1543 is passed to engrossment. Senator Wentworth, you're now recognized for a motion to suspend the constitutional three day rule.

SENATOR JEFF WENTWORTH: Mr. President, I move to suspend the constitutional three day rule to allow Committee Substitute for Senate Bill 1543 to be brought up.

SENATOR KEVIN ELTIFE: There is objection. Secretary call the roll.

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

SENATOR KEVIN ELTIFE: Members, we're going to hold this vote open just a little bit longer.

SENATOR MIKE JACKSON: Mr. President.

SENATOR KEVIN ELTIFE: Senator Jackson, for what purpose?

SENATOR MIKE JACKSON: Parliamentary inquiry.

SENATOR KEVIN ELTIFE: State your inquiry.

SENATOR MIKE JACKSON: How many yes votes would it require to suspend the three day rule?

SENATOR KEVIN ELTIFE: Twenty-four.

SENATOR MIKE JACKSON: Okay. And is the president advised how many times Senator Wentworth has voted against the other members' bills on this motion?

SENATOR KEVIN ELTIFE: I'm not advised of the exact number Senator Jackson, no, sir.

SENATOR JEFF WENTWORTH: Mr. President.

SENATOR KEVIN ELTIFE: 24 ayes, six nays, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute SB1543. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1543 relating to the authority of a school district to invest in corporate bonds.

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

SENATOR JEFF WENTWORTH: Thank you, Mr. President. I move final passage of the Committee Substitute to SB1543.

SENATOR KEVIN ELTIFE: Senator Wentworth now moves final passage of Committee Substitute to Senate Bill 1543. Secretary call the roll.

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

SENATOR KEVIN ELTIFE: 28 ayes, two nay, Committee Substitute SB1543 is finally passed. Congratulations, Senator Wentworth. Senator Estes, did you wish to be recognized?

SENATOR CRAIG ESTES: Thank you, Mr. President. All in good fun I'm sure. Are we ready to do SB18? Is that what you're recognizing me for?

SENATOR KEVIN ELTIFE: Chair recognizes Senator Estes on a conference committee report on SB18.

SENATOR CRAIG ESTES: Thank you, Mr. President and members. Members, sometimes major legislation moves through this body at a glacial pace, this is the eminent domain bill. We have been working on this, members, for three different sessions. I want to thank a lot of people but let me first tell you that we agreed with the House on four things. As you remember we passed the bill unanimously on February 9th of this session. Here are the four changes. One, the House set an expiration date for the repurchase obligation and it is one year after 180 days of them making a good faith effort to try to find the person that can repurchase the property. We think that's a common sense amendment. There's another one that specifies that the Texas Medical Center cannot give eminent domain power required to attach a single family residential property or multifamily residential property that contains eight units or less. And, members, this is agreed upon language between the city of Houston and the Texas Medical Center. And then, members, we struck the word public purpose and replaced it with the term public use which I think makes this a stronger piece of legislation and then fourthly we allow the landowner and have the pipeline company to negotiate an agreement regarding the terms of road reinstructions and this pertains to an amendment that Senator Harris puts on and that also makes good common sense. So if there are any questions, I'd be happy to visit with you about that but, Mr. President, I now -- before I finally move, let me first of all thank Senator Jannig, Kyle Jannig for three sessions ago championing this bill. I want to thank Senator Duncan and Senator Hegar for the fine legal work they did on this bill and of course Senator Harris, Senator Lucio and Senator Whitmire all join in. And also, members, I want to thank Chairman Gerren of the House for doing a masterful job of getting this through the House. So with that, Mr. President, I move to adopt the conference committee report of SB18.

SENATOR KEVIN ELTIFE: Senator Estes moves adoption of conference committee report on SB18. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 30 ayes, zero nay, conference committee report on SB18 is passed.

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

SENATOR KEVIN ELTIFE: Thank you, Senator Estes. Senator Wentworth. Let's try one more time. Senator Wentworth is recognized for a motion to suspend the regular order of business Committee Substitute SB1113.

SENATOR JEFF WENTWORTH: Thank you, Mr. President. I move to suspend the regular order of business to take up and consider the Committee Substitute for Senate Bill 1113 relating to certain contracts entered into by school districts for another entity to provide food services at one or more schools. Most school districts in the state operate their own kitchens and cafeterias, however a growing number choose to outsource them to food management service companies. Senate Bill 1113 seeks to assure no matter how a district decides to handle their food services, the procurement of the food served will be identical. Currently if a school operates its own kitchen it must use the public bidding process to purchase the food items from vendors or co-ops. However if a district chooses to use a food service management company to operate its kitchen, that company is not currently required to publicly bid their contracts with food vendors and co-ops. Only the management companies' initial contract to run a district kitchen has to be publicly bid. In 2007 the attorney general of Texas issued an opinion that created this grey area for food service management companies. Since that opinion the number of incidents of management companies using a public bidding process for food vendors and to co-ops has actual been decreeing. Committee Substitute for Senate Bill 1113 simply ensures that food management service companies use the same public bid process for food purchases as school districts that choose to keep this function in house. Mr. President, I move to suspend the regular order of business to take up and consider the Committee Substitute for Senate Bill 1113.

SENATOR KEVIN ELTIFE: Senator Wentworth moves suspension of the regular order of business to take up and consider Committee Substitute SB1113. Is there objection? Chair hears none, rules are suspended. Chair lays out on second reading Committee Substitute SB1113. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 1113 relating to certain contracts entered into by school districts for another entity to provide food services.

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

SENATOR JEFF WENTWORTH: Mr. President, I move passage to engrossment of Committee Substitute Senate Bill 1113.

SENATOR KEVIN ELTIFE: Senator Wentworth now moves final engrossment. Is there objection? Chair hears none, Committee Substitute SB1113 is passed to engrossment. Senator Wentworth, you're recognized for a motion to suspend the constitutional three day rule.

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

SENATOR KEVIN ELTIFE: The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 30 ayes, zero nays the rule is suspended. The Chair lays out on third reading and final passage of Committee Substitute SB1113. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB1113 relating to certain contracts entered into by school districts for another entity to provide food services.

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

SENATOR JEFF WENTWORTH: Mr. President, I move final passage of Committee Substitute for Senate Bill 1113.

SENATOR KEVIN ELTIFE: Senator Wentworth now moves final passage of Committee Substitute SB1113. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 30 ayes, zero nays, Committee Substitute SB1113 is finally passed. Congratulations, Senator Wentworth.

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

LT. GOVERNOR DAVID DEWHURST: The president signs in the presence of the Senate the following.

PATSY SPAW: House Concurrent Resolution No. 148.

LT. GOVERNOR DAVID DEWHURST: Members, the president's desk is clear. Are there announcements? I wanted to ask two of our senators if they could stay here and work over the weekend, Senator Eltife and Senator Zaffirini, if you all could help us.

SENATOR KEVIN ELTIFE: What can I do for you, Mr. President?

LT. GOVERNOR DAVID DEWHURST: That's the attitude, that's the attitude.

SENATOR KEVIN ELTIFE: What would you like?

LT. GOVERNOR DAVID DEWHURST: We have a long list, I'll give it to you in a little while.

SENATOR KEVIN ELTIFE: 1:30, we're going to leave at 1:30 today?

SENATOR JUDITH ZAFFIRINI: Mr. President, I'm happy to be here so long as we start at 4:00 a.m. every day.

SENATOR KEVIN ELTIFE: Veto, I object.

LT. GOVERNOR DAVID DEWHURST: See there we are, stumped again.

SENATOR KEVIN ELTIFE: It's Mother's Day, we need to get home.

LT. GOVERNOR DAVID DEWHURST: You're right, you're right. I understand. I've got my cards and gifts too. Members, are there any announcements? Chair recognizes Senator Carona for an announcement.

SENATOR JOHN CARONA: Mr. President, I actually have a motion if this is a suitable time for it.

LT. GOVERNOR DAVID DEWHURST: It is.

SENATOR JOHN CARONA: All right. Members, I move to suspend the Senate rules 11.10 and 11.18 so the Senate business and commerce committee can vote at my desk immediately upon adjournment of the Senate today on the following Senate Bill 995 by Senator Fraser and Senate Bill 1309 by Senator Hinojosa. Both are pending business before the committee and again we will begin immediately upon conclusion of today's session.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Members, you heard the motion by Senator Carona to suspend the Senate rules 11.10 and 11.18 to take up legislation at his desk. Is there objection from any members? The Chair hears no objection, so ordered. The Chair recognizes Senator Eltife for an announcement.

SENATOR KEVIN ELTIFE: Thank you, Mr. President. I'm giving notice that the local and uncontested calendar session will be held Tuesday May 10, at 8:00 a.m. A copy of the calendar has been furnished to each of you. The bills and resolutions will be considered on second and third reading in the order listed. Thank you Mr. President, thank you members.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Eltife. There being no additional announcements, no additional announcements, the Chair recognizes the dean of the Senate for a highly privileged motion.

SENATOR JOHN WHITMIRE: Thank you, Mr. President, I move that the Senate adjourn -- excuse me, Mr. President could I get some attention? I'd like to yield to Senator Shapiro for some remarks and ask everyone to focus on her remarks.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Shapiro.

SENATOR FLORENCE SHAPIRO: Thank you, Dean, so much, I appreciate that very much. You know all of us in our lifetimes, particularly as an elected official always have a Jim Boswell in their life and I am here today to recognize Jim Boswell my friend who died of brain cancer May 8th of last year at the age of 71. And the reason I say that we all have a Jim Boswell because if you think about your friend and you think particularly about your political friend, everyone has a friend that will be with you through thick and thin no matter what your decisions good or bad, whatever your thoughts are in the political arena. Jim was that friend to me. He was an exemplar individual. He was valedictorian of his high school class in Pocton, North Carolina, he loved politics, it was his life. He thrived on everyday reading the paper, looking at what was going on. He started actually at George Washington University where he got a political science degree. Of course he went from there to his first job which was in Charlotte where he actually worked at the county court house swearing in juries. Can you imagine having somebody started back then swearing in juries? By the politics just got in his blood, got in his system and he never let it go. I was fortunate when Jim and his wife and his daughter moved to Plano in 1976. He used to be called Mr. Plano. There was nothing Jim Boswell wouldn't do for the city. He was an amazing leader and we were very fortunate when he took a job at the Plano hospital back then was called Presbyterian, now called Texas Hospital of Health Presbyterian Hospital of Plano, he was so beloved, he was actually the director of physician relations and there was not a time that went by that anybody who had child or a spouse or a husband or a wife or a grandparent who was sick and was going to that hospital that you didn't call Jim Boswell up and say, Jim, my little girl broke her arm, he'd be there waiting for you at the emergency room. That's the kind of friend that Jim Boswell was. He was a family man, he was beloved in the community. He was actively engaged in the chamber of commerce, was president of the chamber served as chairman of the chamber, he was on the city planning and zoning commission, he was recognized by every organization for his civic virtue in 1992 he was named citizen of the year. Members, you and I know these people are rather in our lives. This is the man I still think almost daily particularly when I'm here on the Senate floor. He loved what we did. He knew each of you by name believe it or not. He knew you by name, that's how much he was committed to what we do in this body. Jim was patient, Jim was outgoing, Jim was loyal. His death, I know, today his wife Myra and his daughter Lesley are probably still aching and hurting from the loss of our friend. In truth, it's been very difficult for me and my family as well. That's how good a friend he was. Plano has not been the same since Jim Boswell passed away last May 8th, it's almost been a year and one of those years particularly since January that I miss him day in and day out and I felt it was absolutely essential that we remember his contributions, his indelible contributions to our community and to this state and so for those reasons and many, many others, I wish for the Senate this day to adjourn in the memory of Jim Boswell. Thank you.

LT. GOVERNOR DAVID DEWHURST: Senator, you made his family very proud. The Chair recognizes the dean of the Senate. Senator Fraser is recognized.

SENATOR TROY FRASER: Would you allow me a moment of personal privilege please?

LT. GOVERNOR DAVID DEWHURST: You're recognized.

SENATOR TROY FRASER: Members, I think a lot of you know that my mother died right before we ended the session this year. This will be the first Mother's Day in my life that I don't have a mother here. I would urge all of you that your mothers are still alive that you never know that this Mother's Day whether it would be your last or not and I would urge all of you, you that have mothers, make sure that you talk to her because everyday I just think about if I just had one more conversation with my mother. I would urge all of you, hug your mom if you don't know this will be your last.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Whitmire.

SENATOR JOHN WHITMIRE: I move that the Senate adjourn until 11:00 a.m. Monday in memory of James M. Boswell.

LT. GOVERNOR DAVID DEWHURST: Thank you, Dean. Members, you heard the motion by Senator Whitmire. Is there objection from any members? Chair hears no objection and the Senate will stand adjourned until 11:00 a.m. Monday May 9th in memory of Jim Boswell.

(ADJOURNED.)