Senate Transcript, May 9, 2011

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

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

SENATOR KEVIN ELTIFE: A quorum is present. Chair recognizes Senator Birdwell for an introduction.

SENATOR BRIAN BIRDWELL: Thank you, Mr. President. Thank you, members. I'm pleased to introduce to y'all this morning Reverend Billy Sanders of North Pointe Church in Corville County. Reverend Sanders along with his wife Gail have served Northe Point for 31 years and recently they just celebrated their 35th wedding anniversary. Along with his service to the Lord, Billy has given to his time to the community of Copperas Cove as mayor pro-tem and city councilman, and through two terms as president administer alliance and rough that write club. It's my sincere pleasure to welcome Mr. Sanders to the Senate as the pastor of the day. Thank you, Mr. President.

SENATOR KEVIN ELTIFE: Thank you, Senator Birdwell. Will all on the floor and the gallery please rise for the invocation to be delivered by Pastor Bill Sanders, North Point Church of Copperas Cove.

PASTOR: Thank you, and as the Lord taught us to pray in Matthew 6:9-13, let us pray: Our Father which art in heaven, hallowed be Thy name. Thy kingdom come. Thy will be done in our State of Texas, as it is in heaven. Give us this day our daily bread and the wisdom to share it. And forgive us our debts and trespasses, as we forgive our debtors and those that have trespassed against us. And lead us not into the temptation to do our will, but deliver us from the evil that comes in being selfish. For Thine is the kingdom that we desire to pattern after and the power we need that comes to accomplish it and the glory and praise we give only to You, for ever and ever, in the name of the Father and of the Son and of the Holy Spirit, in the name of our lord and savior, Jesus Christ, we pray. Amen and Amen.

SENATOR KEVIN ELTIFE: Thank you, Pastor Sanders for being here. You may be seated. Members, Senator Whitmire moves to dispense with the reading of yesterday's journal. Is there objection? The Chair hears no objection from any member, so ordered. Members, there's no objections, I would like to postpone the reading and referral of today's bills until the end of today's session. Is there objection? The Chair hears none, the reading and referral is postponed. The Chair recognizes Senator Hegar to introduce the doctor of the day.

SENATOR GLENN HEGAR: Thank you, Mr. President and members. I have Kanaka Paladugu who lives in Bastrop County in Senate district 18. She became a family physician in 2009 and presently works at Thomas Moore Health Clinic at U.S. Army Fort Hood. Four years of active duty in the U.S. Army as an enlisted member as an achievement medal for civil service and named as a Hood hero for the U.S. Army. Achievement medal for civil service and it is my great pleasure to have the doctor here serving as our doctor of the day. Thank you very much, you're always indispensable and we appreciate all the service that you provide. We welcome you to come back today. Welcome to your state Senate. Thank you.

SENATOR KEVIN ELTIFE: Thank you, Senator Hegar. Thank you, Doctor, for being here today. The Chair lays out the following resolution. Secretary would please read the resolution.

PATSY SPAW: House Concurrent Resolution 139. WHEREAS, The State of Texas lost an admired public servant and civic leader with the death of former secretary of state Myra McDaniel of Austin on February 25, 2010, at the age of 77 -- WHEREAS, The Senate of the State of Texas takes great pleasure in recognizing the inaugural class of Bush School Capstone Scholars, a program developed by the George Bush School of Government and Public Service at Texas A&M University; and WHEREAS, One of the school's cornerstones is the commitment to educate students to become principled leaders in public service; the primary means by which this commitment is realized is through the Capstone program, which is designed to test the knowledge and abilities students have developed through their previous classes and experiences; and WHEREAS, The Legislature of the State of Texas is the institution in which the most challenging public policy issues of the day are debated and resolved; these scholars answered the call to public service and rose to the challenge of participating in the first Bush School Legislative Capstone program, bringing their skills and talents to bear in the 82nd Texas Legislature and learning firsthand how public policy is shaped; and WHEREAS, The following scholars have demonstrated exceptional dedication and achievement during their service for the legislature: James R. Close from Houston, serving in the office of Senator Eddie Lucio for the Committee on International Relations and Trade; D. Benjamin Maddox from San Antonio, serving in the office of Representative Diane Patrick; Nicolas D. Norboge from Wimberley, working as a legislative liaison with the Texas Transportation Institute; Brady D. Olsen from Haltom City, serving for the Legislative Budget Board; Katherine Vedlitz from College Station, serving in the House Democratic Caucus office; Michael Walter from Houston, serving for the House Committee on Homeland Security and Public Safety; and Craig Welkener from Allen, working as a legislative liaison with the Texas Transportation Institute; now, therefore, be itRESOLVED, That the Senate of the State of Texas, 82nd Legislature, hereby commend these promising students for their remarkable service this session and wish them continued success as they prepare to become the leaders of our great state; and, be it further RESOLVED, That a copy of this Resolution be prepared for them as an expression of esteem and appreciation from the Texas Senate. By Lucio.

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

SENATOR EDDIE LUCIO: Thank you, Mr. President and members. I am very proud today to recognize the organizers and scholars from the Capstone Program. The program is just one of the many great things going on at the George Bush school for Government and Public Service at Texas A&M University. This is the first legislative session for which a program has sent students to the Capitol, so this is historic. This gives the student a chance to put into practice that they have learned in class. We are joined on the floor today members first of all by Dr. Ann Bowman. You can step forward. Moreover at the George Bush School of Government and Public Service. Next Michael Walter, committee aid for the house committee on homeland security and public safety. Brady Olson, fiscal note analyst with the legislative budget board, Nick Norbage, legislative liaison with the Texas Transportation Institute and next Craig Welkener also with the Texas Transportation Institute and last but not least a very fine young man James Close, a policy analyst who has worked with me at our Senate committee on international relations and trade committee. James has done exceptional work with the committee that I chair. As soon as James joined our office he eagerly dove into policy work including research for our interim report and the drafting of key legislation. It has been a pleasure working with him. Finally, I want to thank Professor Bowman who has presided over the inaugural class of Capstone scholars. I am thankful, very thankful for her hard work and the young leaders that the bush school are mentoring. I hope that we can build on the initial partnership between the legislature and the bush school and that this class will be the first of many to be recognized in the Senate chamber in the years to come and I hope I'm around to see that. Not necessarily on the floor. Mr. President and members, join with me in welcoming this outstanding group as I move adoption for Senate Resolution 916.

SENATOR KEVIN ELTIFE: Senator Lucio moves adoption of the resolution. Is there objection? The Chair hears none, the resolution is adopted. Thank you, Senator Lucio. Senator Patrick, for what purpose?

SENATOR DAN PATRICK: Mr. President, I would like to acknowledge two police officers that were shot in the line of duty this week in my district. Members, several HPD officers were involved in a standoff this weekend in downtown Houston. On Saturday a man attempting to carry a weapon on a bus was stopped by HPD officers. After being stopped, the suspect opened fire and exchanged gunfire with four officers before eventually shooting and killing himself. Officer Tim Moore, a 12 year veteran and Officer Fernando Mesa, a two year veteran were both injured in the incident, both were shot by the suspect but both have now been released from the hospital, that's great news. The suspect was wanted in San Francisco County, California for shooting three people. One of those shooting victims was a 4-year-old girl. I rise today to honor the bravery of all of our HPD officers and all the offices that put their lives every day on the line to protect our citizens. And so members, again, we are grateful that Officer Moore and Mesa are out of the hospital today and we appreciate their bravery in the line of duty. Thank you.

SENATOR KEVIN ELTIFE: Thank you, Senator Patrick. Members, we have a memorial resolution the Chair lays out the following resolution. Secretary please read the resolution.

PATSY SPAW: House Concurrent Resolution No. 139, WHEREAS, The State of Texas lost an admired public servant and civic leader with the death of former secretary of state Myra McDaniel of Austin on February 25, 2010, at the age of 77; and WHEREAS, Born in Philadelphia on December 13, 1932, the former Myra Atwell was the daughter of Eva and Toronto Atwell; she attended the prestigious Philadelphia High School for Girls and earned her bachelor's degree in English from the University of Pennsylvania; after her marriage to Reuben McDaniel, she became the proud mother of two children, Diane and Reuben; and WHEREAS, Mrs. McDaniel began her career as a management analyst and served in administrative positions at Baldwin Wallace College in Ohio and at Indiana University; in 1975, she completed her law degree at The University of Texas School of Law and she went on to work in the office of the Texas attorney general; she became chief of the taxation division in 1979 and then worked as counsel for the Railroad Commission before entering private practice in Midland; and WHEREAS, In 1984, Governor Mark White appointed Mrs. McDaniel as his general counsel; she became the first African American secretary of state in Texas history two years later, and her intellect, integrity, and wisdom greatly benefited her fellow citizens; treating all those around her with thoughtfulness and respect, she won the loyalty of her staff and set a sterling example of leadership during her three-year tenure; and WHEREAS, This esteemed woman continued to serve as a mentor and role model after returning to private practice, and in 1995, she became one of the first African American women to lead a major law firm, Bickerstaff, Heath, Smiley, Pollan, Kever, and McDaniel, as managing partner; over the course of her distinguished legal career, she served as counsel for Austin Community College and Capital Metro, and she continued to work part-time for Bickerstaff Heath well into her seventies; and WHEREAS, Deeply committed to her community, Mrs. McDaniel won numerous awards for her contributions; she served on the boards of St. Edward's University, Seton Hospital, the Episcopal Seminary of the Southwest, and many other organizations; a valued member of St. James Episcopal Church, she served as a senior warden and edited the church newsletter; more than a mere fan of the UT women's basketball team, she generously shared her time and expertise with young athletes, offering special encouragement over the years to those interested in pursuing law degrees; and WHEREAS, Myra McDaniel inspired innumerable people through her remarkable achievements and unyielding dedication to public service, and her positive influence will continue to resonate in the myriad lives she touched in the years to come; now, therefore, be it RESOLVED, That the 82nd Legislature of the State of Texas hereby pay special tribute to the memory of Myra McDaniel and extend sincere condolences to the members of her family: to her husband, Reuben R. McDaniel, Jr.; to her children, Diane Rhodes and Reuben McDaniel III; to her seven grandchildren and two great-grandchildren; and to her many other relatives and friends; and, be it further RESOLVED, That an official copy of this resolution be prepared for her family and that when the Texas House of Representatives and Senate adjourn this day, they do so in memory of Myra McDaniel by Ellis.

SENATOR KEVIN ELTIFE: The Chair recognizes Senator Ellis.

SENATOR RODNEY ELLIS: Thank you, Mr. President and members. Thank you, Mr. President and Members. Myra McDaniel and her husband were two of the first people that I met when I came to Austin. She was a tremendous mentor and would open up her home to me and the likes of Ron Kirk when we were in law school. In fact, she opened her home up so much, I was about 50 pounds heavier as a result of going to their home on a regular basis. It was a tremendous loss for our state when Myra passed on. She certainly didn't look like she was 77, and from time to time, when I walk around the halls, I still think that I'm talking to her from time to time, because she did a great job of advising many of us around this Capitol. She died last February the 25th. It was a great loss, as I said. Members, we're joined today by her husband, Reuben McDaniel, Jr.; her daughter, Diane Rhodes; her son-in-law, Mike Roberts; and sister-in-law, Joan Phillips; and grandchildren, Lauren and Joseph. Members, I'm just so glad to have known Myra McDaniel, and her memory does live on. And I hope that Members will take the time to give their condolences to her great family.

SENATOR KEVIN ELTIFE: Thank you, Senator Ellis. Senator Watson, you're recognized on the resolution.

SENATOR KIRK WATSON: Thank you very much, Mr. President. I just want to say thank you to Senator Ellis for bringing this resolution forward. I feel the same way. When Liz and I first got to Austin, Texas, back in the early '80s, Myra was already doing so much, and so much a part of what was going on, and was someone that, for a young lawyer that hit this town and wanted to be involved in one way or another, she was always there, able to provide advice and counsel and do it in a way where you knew you were getting the kind of advice and counsel that would actually help you to succeed. Her work in government is going to be a lasting legacy. And it's going to be the kind of thing that those of us who seek out public service, will, I hope, from time to time, look back and ask if we're living up to that, doing it in a way that sometimes is far, far more quiet than what we tend to do today when we're involved in public service but done in such a way that when it gets real蜂 remember listening to her talk from time to time in a very quiet way, but it thundered in your ear what she was actually saying to you. I, my condolences go out to you. I know it must've been a wonderful, wonderful thing to have somebody who cared so deeply and loved so well as your family member. And, I'd be remiss if I didn't take a moment to thank you for loaning her to the people of the State of Texas and to Central Texas.

SENATOR KEVIN ELTIFE: Thank you, Senator Watson. Senator Lucio, you're recognized on the resolution.

SENATOR EDDIE LUCIO: Thank you, Mr. President, and thank you, Senator Ellis, for bringing this important resolution to the floor to recognize one of Texas' best. She was such a lady. Great smile, and all of us who have served so many years in public service at one time or another get to know our Secretary of State. And it was just such a pleasure to converse with her. She was so bright and just so proactive about everything she did. And I'm happy to have an opportunity to publicly tell you that all of us in South Texas admired and respected Ms. McDaniel. Happy to have you here on the floor.

SENATOR KEVIN ELTIFE: Thank you, Senator Lucio. Senator West, you're recognized on the resolution.

SENATOR ROYCE WEST: Thank you very much, Mr. President and members. You know, oftentimes, people live and they're not remembered. Myra lived and is remembered, not by just you as her family, not by just the legal community, in which she was a giant, not by just a community that she lived in where she was a civic servant, but by the great State of Texas. We remember her, not just as a Secretary of State, but as a Texan that many of us go to for advice and counsel and her quiet demeanor. Maybe she wasn't that way at home, but at least to us, her quiet demeanor, she would give thought to the question that was asked, and she was very deliberative in the advice that she gave. And in most instances, it was the correct advice. And so, I join the other Senators on this floor to pay tribute to a great wife, mother, sister, most of all, a great Texan. She will be remembered in perpetuity. Thank you.

SENATOR KEVIN ELTIFE: Thank you, Senator West. Senator Ellis to close on the resolution.

SENATOR RODNEY ELLIS: Mr. President, one day after Mother's Day 2011, I move passage of a resolution in honor of a good friend mother Myra McDaniel.

SENATOR KEVIN ELTIFE: Members, you heard the motion by Senator Ellis, would all those in favor of the resolution please rise? Resolution is adopted.

SENATOR RODNEY ELLIS: Thank you. Mr. Doorkeeper.

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

SENATOR KEVIN ELTIFE: Admit the messenger.

MESSENGER: Thank you, Mr. President. Mr. President, I'm directed by the House to inform the Senate that the House has taken the following action, the House has passed the following measures. HB710 by Walle relating to verification of identity of applicants and prevention of duplication participation and financial assistance.

SENATOR KEVIN ELTIFE: Thank you, Mr. Messenger. Senator Lucio, you're recognized for a an introduction.

SENATOR EDDIE LUCIO: Thank you, Mr. President. Members, it gives me great pleasure to introduce some outstanding individuals who are here in the gallery today. In the north gallery for the first time students from Pharr San Juan Alabama North High School will be representing south Texas in the university Interscholastic league state technical design contest. This contest supports recognition for the design skills of students who receive introduction and training in theatrical, production and theatrical theater classes within the past year. PSJA North High School entered nine students in the contest and I am proud to report that seven out of those nine students qualify to compete at the state level. At this time I would ask the students and coaches from the PSJ North High School to please stand and be recognized. Members, join me in giving them a Texas sized welcome and wish them our best at the competition. Congratulations. Members, I am also very proud to have five Senate pages from my district assisting us here on the Senate floor today. Joining us on the Senate floor are students from Harmony Science Academy in Brownsville, Texas and I'm going to ask them to stand as I call their name. First Luis Ong right over there and Leigh Mata, Abelina Reves, Amairani Benavides, right over here, and last but not least Antonio Beltran. Members, help me welcome these great young Texans to the Senate chamber.

SENATOR KEVIN ELTIFE: Thank you, Senator Lucio. Members, that concludes the morning call. The Chair recognizes Senator Carona for a motion to concur on House amendments to SB980.

SENATOR JOHN CARONA: Thank you, Mr. President and members. Senate Bill 980 seeks to keep rates low by relieving the PUC and telecommunications providers of costly administrative burdens. We sent the bill over to the House after overwhelming support here. They added one amendment, it provided for clarification for the prohibition of state regulation regarding services for voice over Internet protocol, more specifically the amendment clarified that this prohibition did not affect any person's obligation to provide video or cable service as defined under chapter 66 utilities code which is the video franchising chapter of PURA. This amazingly this was a minor amendment, otherwise they were very pleased with the bill. I move at this time we accept House amendments or pardon -- I move to concur on House amendments to Senate Bill 980.

SENATOR KEVIN ELTIFE: Senator Carona moves that the Senate concur in House amendment to SB980. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, motion's adopted. Thank you, Senator Carona. Chair recognizes Senator West for a motion to concur on House amendments to SB501.

SENATOR ROYCE WEST: Thank you very much, Mr. President. Mr. President and members, Senate Bill 501 defines, repurposes and broadens the scope of existing efforts to address disproportionally through the Health and Human Services Commission. It passed the Senate back on April the 7th. Some House members were apparently concerned with the task of reviewing the delivery of public and private education services could somehow impact home schooling, so the House removed the bill's applicability to the study of private education services. It was not my intent for the bill to apply to home schooling so I would move to concur with the House amendments to Senate Bill 501.

SENATOR KEVIN ELTIFE: Senator West moves that the Senate concur on House amendments to SB501. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, the motion is adopted. Thank you, Senator West. Senator Nichols is recognized for a motion to suspend the regular order of business Committee Substitute SB303.

SENATOR ROBERT NICHOLS: Thank you, Mr. President. I move to suspend the regular order of business to take up and consider Committee Substitute for Senate Bill 303. Members, this bill helps address a problem for hospital districts that do not own a hospital. This is a very unique circumstance only applicable to Montgomery County and Nuaches County, that's the only two in the state. County and hospital districts that own hospitals have statutory provisions authorized in the recovery of money spent fraudulently or from a third party who might be liable for causing injury to person who receives indigent care services. The language and processes in this bill follows what in property code chapter 55 makes it applicable to hospital districts that do not own a hospital and chapter 61 of the health and safety code. With that I move suspension of the Senate's regular order of business.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute to Senate Bill 303. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 303 relating to health care services for provided or paid by a hospital district.

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

SENATOR ROBERT NICHOLS: Mr. President and members, I move passage of the Committee Substitute to Senate Bill 303 to engrossment.

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

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

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes and no nays, constitutional three day rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to Senate Bill 303. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 303 relating to health care services provided or paid by a hospital district.

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

SENATOR ROBERT NICHOLS: Mr. President and members, I move final passage of Committee Substitute for Senate Bill 303.

SENATOR STEVE OGDEN: The secretary will call the roll.

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

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

SENATOR STEVE OGDEN: Senator Davis. Senator Davis is recognized for a motion to suspend the regular order of business on Committee Substitute to Senate Bill 1866.

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 Senate Bill 1866. Senate Bill 1866 would allow a governmental entity to consider but not require them to consider the use of historically under utilized or minority businesses as well as small business programs proved by the entity when contracting for professional services. It also allows the entity to consider the location of the business if it determines that the location of the business where the work will be performed will impact most efficient and economical provision of the services. Nothing in the bill is mandatory or conflicts with the current statute which states that the governmental entity must first select a provider of professional services demonstrated on competent and fair and reasonable price. I will have a floor amendment, members, that addresses some concerns that were raised by engineer and architect professional services groups which will remove the principal place of business language from the bill and instead replace it with location of the places of businesses where the work will be performed. That will be done to ensure that businesses with a local presence but who may have a principal location outside of the place where work will be performed can qualify for the optional contracting considerations in the bill. Mr. President, I move suspension of the regular order of business.

SENATOR STEVE OGDEN: Senator Davis moves suspension of the regular order of business to take up and consider Committee Substitute to Senate Bill 1866. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute to Senate Bill 1866. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1866 relating to the selection of provide essential services of professional services by governmental entities.

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

PATSY SPAW: Floor amendment No. 1 by Davis.

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

SENATOR WENDY DAVIS: Thank you, Mr. President. Again, this removes the language principal place of business from the bill in order to satisfy concerns that were raised by some of the professional service organizations and to make it an agreed upon bill. I move adoption of the floor amendment.

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

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

SENATOR STEVE OGDEN: Is there objection? Chair hears none, Committee Substitute to Senate Bill 1866 is passed to engrossment. Senator Davis is recognized for a motion to suspend the constitutional three day rule.

SENATOR WENDY DAVIS: So moved.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: There being 26 ayes and five nays, the constitutional three day rule is suspended. Chair lays out on third reading and final passage Committee Substitute to Senate Bill 1866. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1866 relating to the selection of providers of professional services by governmental entities.

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

SENATOR WENDY DAVIS: Thank you, Mr. President. I move final passage of Committee Substitute to Senate Bill 1866.

SENATOR STEVE OGDEN: The secretary will call the roll.

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

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

SENATOR STEVE OGDEN: Senator Seliger. Senator Seliger is recognized for a motion to suspend the regular order of business on House Bill 610.

SENATOR KEL SELIGER: Thank you, Mr. President. I move to suspend the regular order of business to take up and consider House Bill 610 at this time or the Committee Substitute to House bill actually. This bill requires the TCQ to use electronic means of transmission for any notice issued by the state legislator. As a legislator requests to receive that notice by mail or on paper. If the notice concerns a permit from a facility, the notice must include an internet link to an electronic map with the location of the facility. I move suspension.

SENATOR STEVE OGDEN: Senator Seliger moves suspension of the regular order of business to take up and consider House Bill 610. Is there objection? Senator West, for what purpose do you recognize?

SENATOR ROYCE WEST: Let's slow down here. This is notices, what does this bill do?

SENATOR KEL SELIGER: All this bill does is require that those notices --

SENATOR STEVE OGDEN: Senator West, you're recognized to ask the author a question.

SENATOR ROYCE WEST: Thank you very much, Mr. President. Mr. President, may I be recognized to ask a question of the author?

SENATOR STEVE OGDEN: You are.

SENATOR ROYCE WEST: Thank you very much. So now what type of notice?

SENATOR KEL SELIGER: This only requires electronic notice from TCEQ to members of the legislature on issues before TCEQ. The point is I've done it several places this session is to submit electronically those things that we cut down a lot of trees for. Should a member want the report in writing, absolutely okay.

SENATOR ROYCE WEST: So this just deals with notice to the members of the legislature.

SENATOR KEL SELIGER: That's right.

SENATOR ROYCE WEST: No other notices.

SENATOR KEL SELIGER: No, sir.

SENATOR ROYCE WEST: Thank you very much.

SENATOR KEL SELIGER: Thank you.

SENATOR STEVE OGDEN: Senator Seliger moves suspension of the regular order of business to take up and consider House Bill 610. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading House Bill 610. The secretary will read the caption.

PATSY SPAW: House Bill 610 relating to certain notice sent by the Texas Commission on Environmental Quality.

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

SENATOR KEL SELIGER: Mr. President, I move passage to third reading of House Bill 610.

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

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

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: Being 31 ayes and no nays, the constitutional three day rule is suspended. The Chair lays out on third reading and final passage House Bill 610. The secretary will read the caption.

PATSY SPAW: House Bill 610 relating to certain notices sent by the Texas Commission on Environmental Quality.

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

SENATOR KEL SELIGER: I move final passage of Committee Substitute to House Bill 610.

SENATOR STEVE OGDEN: The secretary will call the roll.

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

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

SENATOR STEVE OGDEN: Senator Lucio is recognized for a motion to suspend the regular order of business on Committee Substitute to Senate Bill 1386.

SENATOR EDDIE LUCIO: Thank you, Mr. President and members. I'd like to move at this time to suspend the regular order of business to take up and consider the Committee Substitute for Senate Bill 1386. Mr. President and members, a sculpt law is defined as a person who habitually flaunts or violates the law especially one who fails to pay debts or answers summons. In each of our districts counties maintain records on tens of thousands of unadjudicated citations and warrants for failure to appear. As a result of a citation in Cameron County alone the number of citations are over 90 days past due exceeds 73,000. Under current law a county assessor collector has the right to refuse registration of a motor vehicle as a result of a citation fine fee or tax. However, a gaping loophole exist for cases that are not adjudicated. Senate Bill 1386 amends the transportation code to close this loophole by including the quote "the failure to appear in connection with a citation fine, fee, or tax" unquote as a reason to refuse motor vehicle registration. Additionally this bill allows counties and municipalities to contract with a county assessor collector for the collection of outstanding funds and may impose a fee to recover costs associated with that collection. Mr. President, I'd move suspension at this time.

SENATOR STEVE OGDEN: Senator Lucio moves suspension of the regular order of business to take up and consider Committee Substitute to Senate Bill 1386. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute to Senate Bill 1386. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1386 relating to refuse to register motor vehicles by a county assessor collector.

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

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

SENATOR STEVE OGDEN: Is there objection? Chair hears none, the bill is passed to engrossment. 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.

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 Committee Substitute to Senate Bill 1386. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1386 relating to the refusal to register motor vehicles by a county assessor collector.

SENATOR STEVE OGDEN: Senator lues owe you're recognized if r motion.

SENATOR EDDIE LUCIO: Mr. President and members, I'd like to move final passage of Committee Substitute to Senate Bill 1386.

SENATOR STEVE OGDEN: The secretary will call the roll.

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

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

SENATOR STEVE OGDEN: Senator Hegar. Senator Hegar is recognized for a motion to suspend the regular order of business on House Bill 1806. House Bill 1806.

SENATOR GLENN HEGAR: Thank you, Mr. President and members. House Bill 1806 will allow the uniform enforcement for both saltwater fishing and fresh water fishing as it relates to fraud by altering the length or weight of a fish entering with the intent to affect the outcome of a fishing tournament. This was brought up in issues where people are literally altering the length of fish in order to try and win fishing tournaments and there's no statute against that. And I would move suspension of the regular order of business to bring up House Bill 1806.

SENATOR STEVE OGDEN: Is there objection? Senator Jackson, for what purpose do you rise?

SENATOR MIKE JACKSON: Will the gentleman yield?

SENATOR GLENN HEGAR: Gladly.

SENATOR MIKE JACKSON: Am I recognized?

SENATOR STEVE OGDEN: You're recognized to ask the gentleman a question.

SENATOR MIKE JACKSON: Thank you. I just was curious about how you do this. Can you explain how you alter the length of a fish?

SENATOR GLENN HEGAR: Actually, Senator, I've never altered the length of a fish so -- but I do know what people do is take a pair of scissors and actually cut off the tail in order to make them fit in the minimum length requirement so therefore they can add more fish to the catch for the tournament.

SENATOR MIKE JACKSON: Okay. So it's altering it to make it shorter not longer?

SENATOR GLENN HEGAR: That's correct. I don't know, there may be an issue but I'm afraid if they take baseball bats to roll out the fish they may harm it and then it may not be able to be entered in anymore.

SENATOR MIKE JACKSON: Thank you, Senator, for answering my question.

SENATOR GLENN HEGAR: Very good, thank you.

SENATOR STEVE OGDEN: Senator Hegar moves to suspend the regular order of business on House Bill 1806. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading House Bill 1806. The secretary will read the caption.

PATSY SPAW: House Bill 1806 relating to fishing tournament fraud.

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

SENATOR GLENN HEGAR: Move passage to third reading.

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

SENATOR GLENN HEGAR: So moved.

SENATOR STEVE OGDEN: The secretary will call the roll.

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

PATSY SPAW: House Bill 1806 relating to fishing tournament fraud.

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

SENATOR GLENN HEGAR: Move final passage of House Bill 1806.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: Being 30 ayes and one nay, the bill is finally passed. Thank you. Senator Lucio, for what purpose do you raise?

SENATOR EDDIE LUCIO: Mr. President and members, I'd look to at this point before we go to the next bill make a motion that the remarks by Senator Rodney Ellis in memory of Myra McDaniel in HCR139 be reduced in writing and be part of the journal today.

SENATOR STEVE OGDEN: Senator Lucio moves that the remarks made by Senator Ellis with respect to Myra McDaniel be reduced to writing and placed in the journal. Is there any objection? Chair hears none, so ordered. Thank you, Senator. Senator Patrick.

SENATOR DAN PATRICK: Yes, Mr. President.

SENATOR STEVE OGDEN: Senator Patrick is recognized for a motion to suspend the regular order of business on Committee Substitute to Senate Bill 905.

SENATOR DAN PATRICK: Thank you, Mr. President and members. Currently judges, justices of the federal court act as judicial officers, District Attorneys and assistant DAs and county assistant District Attorneys are exempted under section 46035 of the Texas penal code when it concerns concealed carry. This bill would allow legislators to be exempted as well for their own personal security as well as the issue of not purposely violating the law by carrying their gun into a location in the course of their duties as a Senator. I move suspension.

SENATOR STEVE OGDEN: Senator Patrick moves suspension of the regular order of business to take up and consider Committee Substitute to Senate Bill 905. There is objection. The secretary will call the roll.

SENATOR STEVE OGDEN: There being 26 ayes and five nays the rule is suspended. Chair lays out on second reading Committee Substitute to Senate Bill 905. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 905 relating to the application of certain concealed handgun license laws to statewide elected officials.

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

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

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: There being 25 ayes and six nays, 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.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: There being 25 ayes and six nays, the constitutional three day rule is suspended. The Chair lays out on third leading and final passage Committee Substitute to Senate Bill 905. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 905 relates to the application of certain concealed handgun license laws to statewide elected officials.

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

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

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: Being 25 ayes and six nays, the bill is finally passed.

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

SENATOR KEVIN ELTIFE: Senator Williams is recognize for a motion to suspend the regular order of business on House Bill 571.

SENATOR TOMMY WILLIAMS: Thank you, Mr. President and members. I move to suspend the regular order of business to take up and consider the House Bill 571 by Huberty. 571 is identical to Senate Bill 160 which passed out of the Senate 31 to nothing in March. It provides for the TCEQ to provide identification for aggregate production operations with -- which are operating without the necessary TCEQ authorizations and establishes penalties for operating without the proper authorization. Members, I asked Senator Huberty to go ahead and get the House bill over to us. I wanted him to help me pass this and have his name on it. I move to suspend the Senate's regular order of business that take up and consider House Bill 571.

SENATOR KEVIN ELTIFE: Senator Williams moves suspension of the regular order of business to take up and consider House Bill 571. Is there objection? The Chair hears none, the rule is suspended. The Chair lays out on second reading had been 571. The secretary will read the caption.

PATSY SPAW: House Bill 571 relating to the regulation of certain aggregate production options by the Texas Commission of Environmental Quality.

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

SENATOR TOMMY WILLIAMS: I move passage to third reading.

SENATOR KEVIN ELTIFE: Senator Williams now moves passage to third reading. Is there objection? The Chair hears none, House Bill 571 is passed to third reading. Senator Williams, you're now recognized for a motion to suspend the constitutional three day rule.

SENATOR TOMMY WILLIAMS: So moved.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, rules is suspended. The Chair lays out on third reading and final passage House Bill 571. The secretary will read the caption.

PATSY SPAW: House Bill 571 relating to the regulation of certain aggregate production operation by the Texas Commission of Environmental Quality.

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

SENATOR TOMMY WILLIAMS: I move final passage.

SENATOR KEVIN ELTIFE: Senator Williams now moves final passage of House Bill 571. The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays, House Bill 571 is finally passed. Congratulations, Senator Williams.

SENATOR TOMMY WILLIAMS: Thank you, members.

SENATOR KEVIN ELTIFE: Senator Seliger is recognized for a motion to suspend the regular order of business SCR32.

SENATOR KEL SELIGER: Thank you, Mr. President. I move to suspend the regular order of business that take up SCR32 which has to do with waters of the United States to memorialize Congress expressing opposition to federal regulation of intrastate water resources. State government in the state of Texas has an unusual oversight regulatory position which it comes to waters inside the state of Texas. Reserving those rights for the state government, its agencies and the various river authorities. Under the Clean Water Act the federal government has clear jurisdiction of navigable United States. The proper role in order to ensure all navigable waters are managed appropriately, kind of like the interstate highway system. A movement to broaden the jurisdiction of the federal government to waters of the United States cast an extremely large net which could have dire consequences for the surface waters of the state particularly in the state of Texas. I mu suspension.

SENATOR KEVIN ELTIFE: Senator Seliger moves suspension of the regular order of business to take up and consider SCR32. Is there objection? The Chair hears none, the rule is suspended. The Chair lays out on following resolution. Secretary will please read the resolution.

PATSY SPAW: Senate Concurrent Resolution expressing opposition to federal regulation of extra state water resources.

SENATOR KEVIN ELTIFE: Chair recognizes Senator Seliger for a motion.

SENATOR KEL SELIGER: Thank you, Mr. President. I move adoption to SCR32.

SENATOR KEVIN ELTIFE: Members, the question is on the adoption of resolution SCR32. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 28 ayes, three nays, the resolution is adopted. Thank you, Senator Seliger.

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

SENATOR KEVIN ELTIFE: Senator Deuell is recognized for a motion to suspend the regular order of business on Committee Substitute SB1334.

SENATOR BOB DEUELL: Thank you, Mr. President. Members, I move to suspend the Senate's regular order of business so that we can take up and consider the Committee Substitute to Senate Bill 1334. Members, this -- under current law consumers file complaints against property tax professionals with the Texas Department of Licensing and Regulation. Sometimes these complaints do not relate to that person's ethical conduct but relate to how they appraised a property. The department has a discretion to dismiss these complaints when it's not related to their ethical conduct but they are not required to. This bill essentially requires them to dismiss that complaint. I move suspension.

SENATOR KEVIN ELTIFE: Senator Deuell moves suspension of the regular order of business to take up and consider Committee Substitute SB1334. Is there objection? The Chair hears none, the rule suspended. The Chair lays out on second reading Committee Substitute SB1334. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1334 relating to the dismissal of complaints against property tax professionals.

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

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

SENATOR KEVIN ELTIFE: Senator Deuell now moves passage to engrossment, is there objection? Chair hears none, Committee Substitute to SB1334 is passed to engrossment. Senator Deuell is recognized for a motion to suspend the constitutional three day rule.

SENATOR BOB DEUELL: So moved.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

SENATOR KEVIN ELTIFE: 30 ayes, one nay, the rule is suspended. The Chair lays out on third reading and final passage SB1334. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1334 relating to dismissal of complaints against property tax professionals.

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

SENATOR BOB DEUELL: Thank you, Mr. President. I move for final passage of Committee Substitute to Senate Bill 1334.

SENATOR KEVIN ELTIFE: Senator Deuell now moves for final passage of Committee Substitute for SB1334. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 30 ayes, one nay, Committee Substitute SB1334 is finally passed. Congratulations, Senator Deuell.

SENATOR BOB DEUELL: Thank you.

SENATOR KEVIN ELTIFE: Senator Hegar. Senator Hegar's recognized for a motion to suspend the regular order of business on SB1895.

SENATOR GLENN HEGAR: Thank you, Mr. President and members. SB1895 deals with a local district in Jackson County groundwater conservation district in Senate district 18. Senate Bill 1895 makes a few changes to the enabling legislation, it changes the election of the board from May uniform date to November, it deletes the power of eminent domain, it deletes the power to contract with a river authority, perform certain utilities of the district. I move suspend the Senate's regular order of business to take up and consider Senate Bill 1895.

SENATOR KEVIN ELTIFE: Senator Hegar moves suspension of regular order of business to take up and consider SB1895. Is there objection? Chair hears none, the rule is suspended. The Chair hays out on second reading SB1895. The secretary will read the caption.

PATSY SPAW: SB1859 relating to the direct powers of annex groundwater conversation district.

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

SENATOR GLENN HEGAR: Move passage to engrossment.

SENATOR KEVIN ELTIFE: Senator Hegar now moves passage to engrossment. Is there objection? The Chair hears none, SB1895 is now passed to engrossment. Senator Hegar, you're now recognized for motion to suspend the constitutional three day rule.

SENATOR GLENN HEGAR: So moved.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, the rule is suspended. The Chair lays out on third reading and final passage SB1895. The secretary will read the caption.

PATSY SPAW: SB1895 relating to director elections and powers of the annex groundwater conservation district.

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

SENATOR GLENN HEGAR: Move final passage.

SENATOR KEVIN ELTIFE: Senator Hegar now moves final passage of SB1895. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, SB1895 is finally passed. Congratulation,s Senator Hegar. Senator Lucio is recognized for a motion to suspend the regular order of business on SB1809.

SENATOR EDDIE LUCIO: Thank you, Mr. President and members. I'd like to suspend the Senate's regular order of business to take up and consider the Committee Substitute for Senate Bill 1809. Members, this is the Committee Substitute that I introduced, I think we're at third reading. It's about the state of Texas having accurate information about a controversial federal program that states -- that's struggled to hold accountable namely the federal border wall. It is a simple one page bill requiring the comptroller to conduct a study regarding the economic impact of the border wall on homes, properties and businesses in Texas. Quite frankly a vote on this bill is not a vote against the border wall, it is simply a vote for transparency, understanding and especially property rights. Move suspension of the rules.

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

SENATOR KEVIN ELTIFE: 24 ayes, seven nays, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute SB1809. The secretary will read the caption.

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

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

PATSY SPAW: Floor amendment No. 1 by Lucio.

SENATOR KEVIN ELTIFE: Senator Lucio to explain the amendment.

SENATOR EDDIE LUCIO: Thank you, Mr. President. Members, to move this bill forward we amended it in committee to allow the comptroller to raise funds for the study through grants and donations. It does not impact upon general revenue, just so that everybody's clear, and I am adding the Ogden amendment as well. I move adoption of floor amendment No. 1.

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

SENATOR EDDIE LUCIO: Mr. President, I'd like to move final passage for Committee Substitute for Senate Bill 1809.

SENATOR KEVIN ELTIFE: Senator Lucio moves final passage period of Committee Substitute SB1809 as amended. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 22 ayes, nine nays, Committee Substitute SB1809 is finally passed. Congratulations, Senator Lucio.

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

SENATOR KEVIN ELTIFE: Senator Williams is recognized for a motion to suspend the regular order of business on House Bill 1832.

SENATOR TOMMY WILLIAMS: Thank you, Mr. President and members. House Bill 1832 updates and modernizes the law creating the lower river authority. LMBA's local law which was passed in the early 1930s was proposed for codification as part of the Texas legislative's ongoing project to transfer a local district's statutes into the special district's local law cord. This provides the changes necessary to reconcile LMBA's local law with current statute, the bill will not change the boundaries to the district, provide new taxing or eminent domain authority or make any appropriation of funds. Mr. President, I move to suspend the Senate's regular order of business to take up and consider House Bill 1832.

SENATOR KEVIN ELTIFE: Senator Williams move suspension of the regular order of business to take up and consider House Bill 1832. Is there objection? Chair hears none, the rules suspended. The Chair lays out on second reading House Bill 1832. The secretary will read the caption.

PATSY SPAW: House Bill 1832 relating to the law governing the Lower Neches Valley Authority.

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

SENATOR TOMMY WILLIAMS: I move passage to third reading.

SENATOR KEVIN ELTIFE: Senator Williams now moves passage to third reading. Is there objection? Chair hears none, House Bill 1832 passed to third reading. Senator Williams, you're recognized for a motion to suspend the constitutional three day rule.

SENATOR TOMMY WILLIAMS: So moved.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, rule is suspended. Chair lays out on third reading and final passage House Bill 1832. The secretary will read the caption.

PATSY SPAW: House Bill 1832 relating to law governing Lower Neches Valley Authority.

SENATOR TOMMY WILLIAMS: I move final passage.

SENATOR KEVIN ELTIFE: Senator Williams now moves final passage of House Bill 1832. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, House Bill 1832 is finally passed. Congratulations, Senator Williams.

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

SENATOR KEVIN ELTIFE: You ready on 2785, Senator Shapiro?

SENATOR FLORENCE SHAPIRO: I am.

SENATOR KEVIN ELTIFE: Senator Shapiro is recognized for a motion to suspend the regular order of business House Bill 2785.

SENATOR FLORENCE SHAPIRO: Thank you very much, Mr. President. I move to suspend the Senate's regular order of business to take up and consider House Bill 2785. This bill creates a commission to study economic development throughout state of Texas. This commission will evaluate existing economic development programs and make recommendations to the legislature by January of 2013 from modifications, eliminations or to sustain them. The commission will also evaluate economic development in other states to determine if any incentives should be utilized in Texas. I move suspension, Mr. President.

SENATOR KEVIN ELTIFE: Senator Shapiro moves suspension of the regular order of business to take up and consider House Bill 2785. Is there objection? The Chair hears none, the rule suspended. The Chair lays out on second reading House Bill 2785. The secretary will read the caption.

PATSY SPAW: House Bill 2785 relating to the creation of the select committee on economic development.

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

SENATOR FLORENCE SHAPIRO: Thank you, Mr. President. I move passage to third reading House Bill 2785 at this time.

SENATOR KEVIN ELTIFE: Senator Shapiro now moves passage to third reading. Is there objection? The Chair hears none, House Bill 2785 is passed to third reading. Senator Shapiro is now recognized for a motion to suspend the constitutional three day rule.

SENATOR FLORENCE SHAPIRO: So moved.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, the rule is suspended. The Chair lays out on third reading and final passage House Bill 2785. The secretary will read the caption.

PATSY SPAW: House Bill 2785 relating to creation of the select committee on economic development.

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

SENATOR FLORENCE SHAPIRO: Thank you, Mr. President. I move final passage of House Bill 2785 at this time.

SENATOR KEVIN ELTIFE: Senator Shapiro now moves final passage of House Bill 2785. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, House Bill 2785 is finally passed. Congratulations, Senator Shapiro.

SENATOR FLORENCE SHAPIRO: Thank you.

SENATOR KEVIN ELTIFE: Senator Ogden is recognized for a motion to suspend the regular order of bids on House Bill 2360.

SENATOR STEVE OGDEN: Mr. President and member, I move to suspend Senate's regular order of business to take up and consider House Bill 2360. Relating to the creation of the Corn Hill Regional Water Authority and providing the authority for this new water authority to issue bonds. The Corn Hill Regional Water Authority will encompass an area of land currently within the boundaries of two existing municipal utility districts. The Sontara municipal utility district and MCLL utility districts. These are located in northern Williamson County and southern Bell County. The purpose for this bill is to authorize this new authority to develop and build water projects for the area, it has the authority to issue bonds but it does not have the authority to levy taxes and it does not have eminent domain authority. I move to suspend the regular order of business.

SENATOR KEVIN ELTIFE: Senator Watson, for what purpose?

SENATOR KIRK WATSON: Question of the author.

SENATOR KEVIN ELTIFE: Senator Ogden yield?

SENATOR STEVE OGDEN: I yield.

SENATOR KIRK WATSON: Thank you, Mr. Chairman. What I'm interested in knowing is as I look at this you said that it does not have eminent domain authority and can you tell me where it excludes eminent domain authority?

SENATOR STEVE OGDEN: Yes, sir. Section 8364.104 it says no eminent domain power, the authority may not exercise the power of eminent domain. It's written right in the legislation. Section 8364.104.

SENATOR KIRK WATSON: Well, I'll find that, the copy I'm looking at says those are reserved for expansion.

SENATOR STEVE OGDEN: Well, this is a Committee Substitute that I'm looking at and --

SENATOR KIRK WATSON: Okay, very good. Thank you.

SENATOR STEVE OGDEN: If you want to let me make sure that the right bill is up here.

SENATOR KIRK WATSON: Yeah, that'd be -- okay.

SENATOR KEVIN ELTIFE: Senator Ogden temporarily withdraws his motion on House Bill 2360.

SENATOR ROYCE WEST: Mr. President.

SENATOR KEVIN ELTIFE: Yes, Senator West.

SENATOR ROYCE WEST: Senator Deuell and I have a question.

SENATOR KEVIN ELTIFE: Senator Deuell and you are recognized.

SENATOR ROYCE WEST: How about those Mavericks?

SENATOR KEVIN ELTIFE: How about those Mavericks.

SENATOR ROYCE WEST: Exactly how about those Mavericks. was that incredible?

SENATOR KEVIN ELTIFE: What's the question?

SENATOR ROYCE WEST: I was asked if the Mavericks were incredible.

SENATOR KEVIN ELTIFE: They were incredible, Senator West.

SENATOR ROYCE WEST: Thank you very much, Mr. President.

SENATOR KEVIN ELTIFE: The Senate assumes we're all invited to your box to watch the next game.

SENATOR ROYCE WEST: You can sit in my box any time, Mr. President. It's about this big.

SENATOR KEVIN ELTIFE: Senator Ellis is recognized for a motion to grant the House's request for appointment of a House committee on House Bill 1555.

SENATOR RODNEY ELLIS: Members, this is the early school start date bill and we included Dallas but the House did not so I would move that we appoint a conference committee.

SENATOR KEVIN ELTIFE: Senator Ellis moves that the Senate grant the request of the House for conference committee on House Bill 1555. Is there objection? The Chair hears none, are there any motion to instruct? Hearing none, the following conferees.

PATSY SPAW: Conference committee on House Bill 1555 Chair, Senator Ellis, member, Senator Shapiro, Senator Whitmire, Senator Patrick and Senator Huffman.

SENATOR KEVIN ELTIFE: Well, check and see if it's ready, Dean.

LT. GOVERNOR DAVID DEWHURST: The Chair lays out the following resolution. Senate Resolution No. 935 by Senator Fraser. Secretary will read the resolution.

PATSY SPAW: Senate Resolution 935 suspending limitations on conference committee jurisdiction on Senate Bill 14.

SENATOR DAVID DEWHURST: Chair recognizes Senator Fraser to explain the resolution.

SENATOR TROY FRASER: Members, Senate Resolution 935 is an outside the bounds resolution. This resolution will allow the conference committee report on SB14 to go outside the bounds to make a couple of minor changes. We have created a new free election ID to be shied by the DPS instead of using a DPS issued personal ID. This change was done at the request of TxDOT. With creation of this new ID we added it to the list of identification that may be acceptable at a poll location. We clarified the religious exemption exception language that Senator Duncan added as a Senate floor amendment and then we made conforming changing. And I would answer any questions that anyone would have.

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

SENATOR RODNEY ELLIS: To ask a couple OF questions.

LT. GOVERNOR DAVID DEWHURST: Will Senator Fraser yield?

SENATOR TROY FRASER: I will yield.

SENATOR RODNEY ELLIS: Senator, this is the voter ID bill I assume?

SENATOR TROY FRASER: This is the out of bounds voter ID bill, Senate Bill 14.

SENATOR RODNEY ELLIS: Can you walk us through again a little slower and tell us what you're trying to do?

SENATOR TROY FRASER: The out of bounds resolution request by TxDOT, we have created a new free election ID to be issued by DPS instead of using an additional DPS personal ID.

SENATOR RODNEY ELLIS: And how much will that cost?

SENATOR TROY FRASER: There's no significant cost on it.

SENATOR RODNEY ELLIS: No significant cost to create a new voter ID?

SENATOR TROY FRASER: It's in replacement of the one that we're doing.

SENATOR RODNEY ELLIS: And what else are you doing on page two here?

SENATOR TROY FRASER: We changed the verbiage. We had to add this new ID to the list of things to be accepted at a poll location.

SENATOR RODNEY ELLIS: What else are you doing?

SENATOR TROY FRASER: We clarified the religious exemption exception language that Senator Duncan had as a floor amendment.

SENATOR RODNEY ELLIS: And that would be at the top of page three? And then on the bottom of page three is this identification page certificate?

SENATOR TROY FRASER: Senator, one second.

SENATOR RODNEY ELLIS: Yeah, I'm looking at the resolution on page three. It's on the bottom of page three is what I was asking about where it has election identification certificate.

SENATOR TROY FRASER: Got it and I'm sorry my oars are not working well, dude today you may need to. Your asking about the hang on bottom of page two on the yes --

SENATOR RODNEY ELLIS: Page three.

SENATOR TROY FRASER: Page three?

SENATOR RODNEY ELLIS: The bottom of page three, so that's the identification certificate?

SENATOR TROY FRASER: That is the question you asked about the DPS election identification.

SENATOR RODNEY ELLIS: Okay. And then I see on page four a certificate expires on a date specified by the department except that a certificate issued to a person 70 years of age or over does not expire. Is that a change? When you don't let the certificate expire for someone older than 70.

SENATOR TROY FRASER: Let me clarify something. And I am being advised that had that just says that anyone that has an identification when they reach 70 it will not expire.

SENATOR RODNEY ELLIS: Okay. I just want to make sure. Senator, members do know by this resolution to go outside the bounds. what you're going to do is move that expiration date up to 70 instead of 65. I think in your original bill you had it at 65 so this moves it up to 70?

SENATOR TROY FRASER: No, it's always been I believe. We just picked this language up and it is just saying that someone 70 years of age, their certificate will not expire.

SENATOR RODNEY ELLIS: I'm just trying to figure out, I know it was a bad bill, I'm just trying to see if you going outside the bounds making it any worse or is this just the same ole bad bill you had before? I'll ask the secretary of state. I'll ask the secretary of state.

LT. GOVERNOR DAVID DEWHURST: Senate Van de Putte, for what purpose do you rise?

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

LT. GOVERNOR DAVID DEWHURST: Will Senator Fraser yield to Senator Van de Putte?

SENATOR LETICIA VAN DE PUTTE: It's okay, Senator, I'll wait until you --

SENATOR TROY FRASER: I may be able to hear you, my ears are not working today, so let's try it first.

SENATOR LETICIA VAN DE PUTTE: Thank you, Senator. Just a few questions. This new election certificate or it's an election ID will be able to be obtained at any DPS office?

SENATOR TROY FRASER: That is correct.

SENATOR LETICIA VAN DE PUTTE: So any place now where someone can go for either a driver's license or an identification card they will also be able to go to get an election certificate?

SENATOR TROY FRASER: That is correct.

SENATOR LETICIA VAN DE PUTTE: Will the same identification or document requirements be requested for an election identification certificate as is right now an UD from the Department of Public Safety?

SENATOR TROY FRASER: Yes.

SENATOR LETICIA VAN DE PUTTE: And since in our -- I think it's in our DPS code right now it says it can be used a photo or there is a biometric identifier, yours is restricted to photo on this but is not another biometric identifier?

SENATOR TROY FRASER: I was about to ask Senator Williams to see if he wanted to answer that. I'm sorry, I don't know the answer to that question. We could. Could I yield to Senator Williams please on that question?

SENATOR LETICIA VAN DE PUTTE: Absolutely. If someone would recognize Senator Williams.

SENATOR TROY FRASER: Mr. President, would you allow me to yield to Senator Williams to answer her question?

LT. GOVERNOR DAVID DEWHURST: Senator Williams is recognized.

SENATOR TOMMY WILLIAMS: Thank you, Senator Van de Putte. I believe they're requiring a personal identification here, a personal identification card has biometric identification, this does not, cannot be used for any other purpose than to go vote. So a photo will suffice but I think usually the biometric information is in the form of a photograph and so it's just encoded into the photograph. So I don't think that from the practical standpoint anyone is going to see any difference.

SENATOR LETICIA VAN DE PUTTE: Okay. Thank you. I thought it was a photo but since some of the code in DPS statute does allow for the biometric but this biometric is the photo. I appreciate that. My other question, Senator Fraser, is on page three. Let me see if I understand the out of bounds legislation, how it's going to work. If a voter does not meet the identification requirement --

SENATOR TROY FRASER: I'm sorry, where are you?

SENATOR LETICIA VAN DE PUTTE: On top of page three section A.

SENATOR TROY FRASER: Top of page three, okay, which line?

SENATOR LETICIA VAN DE PUTTE: Line two at the top of the page.

SENATOR TROY FRASER: Okay.

SENATOR LETICIA VAN DE PUTTE: Let me see if I follow this correctly. So a voter that's going to be voter provisional because they do not have the identification requirements, so they don't have a photo ID, they don't meet the requirements of the new law not later than the 6th day they have to come back and show a form of identification that are all the different forms there or they can just execute an affidavit described.

SENATOR TROY FRASER: Yes.

SENATOR LETICIA VAN DE PUTTE: Okay. So they come back -- this is what I don't understand. So if you're going to vote provisionally because you don't have an identification with the photo, you can either come back within six days or you can just execute an affidavit.

SENATOR TROY FRASER: That is correct.

SENATOR LETICIA VAN DE PUTTE: And now this new election identification certificate, would you imagine that is the requirements for expiration date on that would be similar to what is currently the time frame for expiration of driver's license or IDs.

SENATOR TROY FRASER: I believe that is correct except with certificate expires on a date specified with the department, not accepted certificate issued to a person 70 years of age or older does not expire so if you're at 70 then once you reach 70 it does not expire.

SENATOR LETICIA VAN DE PUTTE: Thank you, Senator, I don't have any other questions. Thank you very much.

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

SENATOR TROY FRASER: I'll be glad to yield.

LT. GOVERNOR DAVID DEWHURST: Senator Whitmire is recognized.

SENATOR JOHN WHITMIRE: Will the gentleman yield?

LT. GOVERNOR DAVID DEWHURST: Will Senator Fraser yield to Senator Whitmire?

SENATOR TROY FRASER: Yes, I will yield.

SENATOR JOHN WHITMIRE: Are you using your phone while you're trying to talk to me?

SENATOR TROY FRASER: I am. I'm multitasking.

SENATOR JOHN WHITMIRE: There should be a law against that. Senator Fraser, help me understand how those who need the ID through the DPS will access those facilities? Repeatedly in finance we hear testimony certainly in Harris County it takes two or three hours to get a driver's license renewal or the initial document like Senator Williams has a very promising project to do some megacenters and we rate significant number of fees to pay for it. But as I talk to you today is it not a real possibility, in fact, a probability that folks who are now under the voter ID going to need a new driver's license state ID for purposes to vote probably looking at up to a three hour wait to get that document?

SENATOR TROY FRASER: You know, the data that I remember from the hearings showed that it is in the mid to high 90 percentage wise of the people that already have a ID1 of the forms acceptable, so we're expecting the --

SENATOR JOHN WHITMIRE: You had one then that wouldn't apply. But those that have been voting most of their life without one of these documents now, you're going to require everyone to have one and your legislation provides for a state ID through the DPS and are you familiar with the lines in Houston up to three-hour just to get basic driver's license renewals and new driver's license permits?

SENATOR TROY FRASER: And my understanding is that Senator Williams is attempting to address that and probably and I understand in Houston may have a problem but that's not true statewide, I renewed mine in Marble Falls this year and it took about four minutes.

SENATOR JOHN WHITMIRE: Well, I'm glad the people in Marble Falls don't have a three hour wait like we do in Harris County. Also I think there was testimony that some of the inquiries to the offices 80,000 calls and Tommy Williams would have to help me in either a month or a year, I think it's a month that go unanswered at the DPS offices es. Let me ask you about the distances in some remote areas or less dense areas in West Texas that would have to travel to get your new document. The sonogram bill allowed a hundred mile exemption, if you have to travel a hundred miles to have a sonogram you're not covered by that legislation or certainly you don't have to have a sonogram. If you have to travel over a hundred miles in West Texas to debt get this voter ID document, are you still going to have to do it or you got some consideration for the Senator Uresti exception that the sonogram bill got? I would think the right to vote is pretty -- may not be a high priority as the sonogram bill to some people on this floor but I would thing the precious right and your freedom to exercise your right to vote would be almost that important. Certainly is to me. So what about the remote areas of West Texas where you might not have a DPS office for hundreds of miles?

SENATOR TROY FRASER: Well, again we're DPS we have asked them to look at that to attempt to address and obviously we're doing everything we can, which not --

SENATOR JOHN WHITMIRE: Well, let me just ask you, are you not worried about the unintended consequences to this legislation? Obviously you got the votes to pass it this morning but you're not worried about people that just won't have time to take off work in the more urban settings where there's long lines than the remote rural areas, so I think there's not some unintended consequences that would keep people from exercising their right to vote.

SENATOR TROY FRASER: We're very confident that these people will exercise both the right and they will get the IDs and we believe they will vote.

SENATOR JOHN WHITMIRE: Is there any kind of transition where people if they find themselves unable to they're still going to be able to vote? You know, I think the Justice Department might frown on any barriers such as distance or the unavailability of offices in the urban areas to be able to exercise your right to vote. I don't think the writers of our constitution ever anticipated for you to have the right to vote and exercise that precious freedom having to travel across Texas to get a permit to be able to vote or go wait in a line in my district for three hours, that probably violates two or three constitutional rights, would you not agree?

SENATOR TROY FRASER: We believe that the bill as drafted that people will be able to comply.

SENATOR JOHN WHITMIRE: Have you checked with the Justice Department on your requirements and the requirement to wait in line for three-hours to go -- not to vote but to get the permit which would then allow you to go vote?

SENATOR TROY FRASER: We believe everyone will be able to get an ID and be able to vote.

SENATOR JOHN WHITMIRE: Okay. Well, thank you for answering my questions.

LT. GOVERNOR DAVID DEWHURST: Members, the question before us is the adoption of the resolution Senate Resolution No. 935. If there are no further questions the secretary will call the roll.

LT. GOVERNOR DAVID DEWHURST: Members, there being 19 ayes and 12 nays, the resolution is adopted. The Chair recognizes Senator Fraser for a motion on the conference committee report on Senate Bill 14.

SENATOR TROY FRASER: Members, the Senate Bill 14, the bill that passed out of the Senate that that almost virtually everything that was in that bill carried forward. The conference committee report we have the committee has agreed on the following: Require voters to show a photo ID except that certain disabled people may continue to vote with just their voter registration card. An acceptable photo ID includes an acceptable card by DPS. For most this will be a driver's license, a military ID, a passport, a CHL or a citizenship exhibit with photo, require the DPS to provide a free photo election ID. This is a new format to any registered voter who requests an ID, allow voter to cast original ballot if he or she does not have a photo ID and return within six days to have the ballot counted provides that the provision ballot be counted if voters show acceptable photo ID or signs affidavit that voter has exemption to getting photo taken or lost ID during recent natural disaster. Requires secretary of state and in-voter registrar to public and train election workers on the new requirements including mailing notice to each voter and posting notice outside of all polling places, it increases criminal penalty for illegal voting which is mandatory jail time. If there's no other question I would move adoption of conference committee report on Senate Bill 14.

LT. GOVERNOR DAVID DEWHURST: Members, Senator Fraser moves adoption of conference committee report on Senate Bill 14. If there's no additional questions. Secretary will call the roll.

LT. GOVERNOR DAVID DEWHURST: Members, there being 19 ayes and 12 nays, the conference committee report on Senate Bill 14 is adopted.

SENATOR TROY FRASER: Thank you, members.

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

PATSY SPAW: Senate Bill 265, Senate Bill 378, Senate Bill 528, Senate Bill 820, Senate Bill 877, Senate Bill 918, Senate Bill 1195, Senate Bill 1272, Senate Bill 1490, Senate Bill 1568, Senate Bill 1716, SJR4, Senate Bill 18, Senate Bill 1303, Senate Bill 653, House Bill 15, House Bill 46, House Bill 906, House Bill 984, House Bill 1032, House Bill 1346, House Bill 1625, House Bill 2561, and HCR45.

LT. GOVERNOR DAVID DEWHURST: Thank you, madam secretary. The Chair recognizes Senator Uresti for a motion to not concur on the House amendments to Senate Bill 201.

SENATOR CARLOS URESTI: Thank you, Mr. President. I move not to concur with House changes and take Senate Bill 201 to conference. Members, the House put an amendment that has some fiscal implications and has raised a few concerns and accordingly I move to take Senate Bill 201 to conference.

LT. GOVERNOR DAVID DEWHURST: Member,s, the motion in front of us is that Senator Uresti moves to not concur in the House amendments to Senate Bill 201 and he requests appointment of a conference committee. Are there any objections from any member? Chair hears no objections, are there any motions to instruct? Chair hears no instructions to instruct. The following conferees.

PATSY SPAW: Conference committee on Senate Bill 201 Chair Senator Uresti, member, Senator Hinojosa, Senator Wentworth, Senator Birdwell and Senator Williams.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Whitmire for a motion to concur in the House amendments to Senate Bill 893.

SENATOR JOHN WHITMIRE: Thank you, Mr. President. Members, I move to concur with House amendments to Senate Bill 893. Senate Bill 893 is a cleanup bill to the fuel quality and testing program we established last session. The House amendments make agricultural code consistent with the tax code on the length of time companies must maintain their records. I so move concurrence.

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

LT. GOVERNOR DAVID DEWHURST: There being ayes and no nays, the motion is adopted. 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 1581.

SENATOR STEVE OGDEN: Mr. President and member, I move to suspend the regular order of business to take up and consider Committee Substitute to Senate Bill 1581. Members, this is a bill and a series of bills that I brought before the floor relating to state fiscal matters and this relates to fiscal matters relating to public and higher education. The bill will strike, Senator Davis, article one after we've gone through the suspension and I think there's a number of floor amendments that we'll have to consider and then we'll strike article one after we do that. Article two is a financial need component to qualify for a fee free advancement placing exam. Article three is fiscal matters concerning high school graduation that closes the eligibility to the early high school graduation skill scholarship, article four limits education aid tuition exemption for teacher certification program to critical shortage areas. Article five concerns certain distributions to institutions of higher education out of the permanent fund for -- out of the permanent tobacco health fund. There's going to be an amendment to change that article five agreement that was made earlier today with all of the parties involved. Article six prohibits community colleges from receiving credit for dual credit courses relating to dual education. The positive fiscal note on this bill is $30 million. I move suspension of the regular order of business.

LT. GOVERNOR DAVID DEWHURST: Members, you heard the motion by Senator Ogden, if there are no questions -- Senator Davis, for what purpose do you rise ma'am?

SENATOR WENDY DAVIS: Ask a question of the author, please.

LT. GOVERNOR DAVID DEWHURST: Will Senator Ogden yield?

SENATOR STEVE OGDEN: I yield.

SENATOR WENDY DAVIS: Senator Ogden, not to try to take this out of the procedural order, you mentioned an amendment you said it may be amendment No. 2 article five and I know there are some concerns about the use of that fund because it takes away the opportunity for that recurring source of funds. Could You explain a little bit about what the amendment will do in that regard?

SENATOR STEVE OGDEN: Yes, Senator, earlier today I asked my staff to sit down with all of the different institutions that received distributions out of the permanent health fund, Baylor University, University of North Texas, Texas, Texas A&M, University of Texas. They collectively agreed that the floor amendment that Senator Eltife will propose is their preferred distribution if we're going to do this. The permanent health fund for tobacco is 420 million-dollar fund that sits outside the treasury. What the amendment would do was basically is distribute 100 million out of that 420 million to each health science center in equal proportions, so every health science center would get million out of the 420 million-dollar fund.

SENATOR WENDY DAVIS: Okay. And in the fund --

SENATOR STEVE OGDEN: The remainder of the fund would basically continue to operate as it has in the past.

SENATOR WENDY DAVIS: And what would happen when we come upon next session if we're still challenged as we are this session with our budget, will we fund our health science centers if we've used most of the corpus of that fund?

SENATOR STEVE OGDEN: Well, we're going to use less than a third of it. This is really a small component of health science center funding. Obviously the biggest component from the state of Texas is formula funding and the bill that we passed the other day reduces that funding by several hundred million dollars and so this is an effort and what I'd hope would be one time only is to provide a bridge until we can fully restore formula funding for the institutions.

SENATOR WENDY DAVIS: Okay. So there would be 320 million left in the fund.

SENATOR STEVE OGDEN: At least, yes, ma'am.

SENATOR WENDY DAVIS: Thank you, Senator.

LT. GOVERNOR DAVID DEWHURST: Excuse me, Senator Shapiro, for what purpose?

SENATOR FLORENCE SHAPIRO: I'd like to ask the author of the bill a question.

LT. GOVERNOR DAVID DEWHURST: We'll get him back to his desk. Will Senator Ogden yield to Senator Shapiro?

SENATOR STEVE OGDEN: I yield.

SENATOR FLORENCE SHAPIRO: I'd like to follow up on the question that Senator Davis just had. The decision that was made by the work group was not to do straight across the board, it was to look at the formulas. How does this differ from the work group decision?

SENATOR STEVE OGDEN: Well, the work group decision and ultimately the committee decision was to take the entire permanent health fund and give each institution of -- each health science center access to their pro rata share of that fund. If they wanted to they could withdraw all, part or none of it.

SENATOR FLORENCE SHAPIRO: So how does this differ from that?

SENATOR STEVE OGDEN: This one reduces the permanent health fund by a hundred million dollars and distributes it to each health science center in equal amounts of 10 million each.

SENATOR FLORENCE SHAPIRO: So it's not what we did in the original. Is this agreed to by all the institutions?

SENATOR STEVE OGDEN: Yes, ma'am.

SENATOR FLORENCE SHAPIRO: And will we see the amendment?

SENATOR STEVE OGDEN: Yes, ma'am, it will be called to when we bring the amendment up.

SENATOR FLORENCE SHAPIRO: Okay. But it is an agreed to amendment?

SENATOR STEVE OGDEN: Yes, ma'am.

SENATOR FLORENCE SHAPIRO: Okay, thank you.

LT. GOVERNOR DAVID DEWHURST: Members, you heard the motion by Senator Ogden. Is there objection from any member?

SENATOR RODNEY ELLIS: Question, Mr. President.

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

SENATOR STEVE OGDEN: I yield.

SENATOR RODNEY ELLIS: Senator, quickly I want to make sure, does this bill cut funding for students to take the advancement place test fees?

SENATOR STEVE OGDEN: Yes. What it says if you're going to receive free money for advanced placement test you have to have financial need.

SENATOR RODNEY ELLIS: Okay. And does it do anything to scholarships for students under the early graduation program?

SENATOR STEVE OGDEN: Yes, it basically closes that down. We're not going to -- this bill would eliminate that.

SENATOR RODNEY ELLIS: And does it do anything to the teachers in training program?

SENATOR STEVE OGDEN: Well, article four I think says it limits the educational aid tuition exemption for teacher certification programs to critical shortage areas only, so I guess it reduces it to focus only on areas where there's a critical shortage of teachers and what I believe that means is I would imagine but I don't know for sure but bilingual education would be a critical shortage area so you might be eligible but you might not be eligible for elementary education. That's what I think the intent is.

SENATOR RODNEY ELLIS: Do you know if this bill has the privatization language in it that I think you took out of some of the other bills? Is it still in this bill?

SENATOR STEVE OGDEN: It does and I'm going to take it out as a floor amendment and I wouldn't call it privatization but what I think you're asking me is section one of the bill is a broad grant of authority that says basically you could do whatever you want, one of which could be privatization. We're going to take that out of the bill as a floor amendment.

SENATOR RODNEY ELLIS: That broad language, does it say, what else does it say you can do?

SENATOR STEVE OGDEN: Anything you want.

SENATOR RODNEY ELLIS: Okay. So you're going to take all that out?

SENATOR STEVE OGDEN: Yes, sir.

SENATOR RODNEY ELLIS: Okay, thank you.

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

SENATOR JUDITH ZAFFIRINI: To ask the author a question.

LT. GOVERNOR DAVID DEWHURST: Will Senator Ogden yield?

SENATOR STEVE OGDEN: I yield.

SENATOR JUDITH ZAFFIRINI: Senator Ogden, could you explain more thoroughly exactly what is the difference between the proposed amendment that will impact the health -- permanent health fund for higher education and the original that has already been approved by the finance committee.

SENATOR STEVE OGDEN: Yes, ma'am. You're familiar with the one that was approved by the finance committee and so we continue --

SENATOR JUDITH ZAFFIRINI: I'm familiar but I want the members to be sure to know because they're asking questions about it.

SENATOR STEVE OGDEN: So I was going to try to tell you what the amendment does and that permanent health fund we think has $420 million in it and what the floor amendment will do is it will take approximately 100 million out of that 420 million and distribute it to each health science center in equal amounts of $0 million each.

SENATOR JUDITH ZAFFIRINI: So there's the first difference. The original plan was to liquidate the 400 million and now, it's 100 million instead.

SENATOR STEVE OGDEN: Yes, ma'am.

SENATOR JUDITH ZAFFIRINI: And what will happen to the balance?

SENATOR STEVE OGDEN: It will continue to function as it has in the past.

SENATOR JUDITH ZAFFIRINI: Okay. Please continue.

SENATOR STEVE OGDEN: That's it.

SENATOR JUDITH ZAFFIRINI: That's the only difference?

SENATOR STEVE OGDEN: Well, that's the essential difference. The other one was basically everyone could have access to their pro rata share of 420 million and they may or may not withdraw all or part of it and we just changed it to an across the board million-dollar distribution to each health science center.

SENATOR JUDITH ZAFFIRINI: You remember when we had a meeting in the lieutenant governor's reception room, all of the chancellors and the different presidents that were present wanted to distribute the funds based on the current formula. The exact distribution, and I believe it was only A&M that wanted it distributed differently and that is an equal share. How did this come about that we moved away from the current formula to equal shares?

SENATOR STEVE OGDEN: Well, it was an agreement. The way I understand the distributions and the reason, the way I understand the distributions in that fund now is 70 percent of the 420 million under the current formula is distributed based on equal distributions. 30 percent of that 420 million is based on a different formula and I think based on enrollment or head count. The way this amendment is drafted the 70 percent of the fund which is 300 million, 70 percent of 420 is right at 300 million. That 300 million which is already distributed on a per health science center basis.

SENATOR JUDITH ZAFFIRINI: Based on indigent health care.

SENATOR STEVE OGDEN: Yeah, no, I think it's just based on the fact that it's a health science center, that's 70 percent, the 300 million of the 420 million is the earnings off of that are allocated each -- based on everyone's pro rata share which is 1/10th based on everybody's $10 million. And so this $300 million that we've isolated, we're going to basically tell them to take 100 million out of the 300 million and distribute it to the health science centers and distribute it to equal 10 million-dollar components, the 30 percent portion of the formula that's being allocated based on what you say indigent health care will continue to be done that way and so there's no change on the portion of the formula that's being allocated to the institutions based on indigent health care, we are only reducing by one-third the amount of the permanent health fund that's being distributed based on a per institution basis and it's agreed to by all the health science centers.

SENATOR JUDITH ZAFFIRINI: And that's what surprises me, Senator Ogden, because as you recall I opposed liquidating the permanent health fund for higher education but time and again the chancellors and presidents pointed out that this was not something they requested but that they could work with it and they seemed supportive of the line that we had developed. What caused that change?

SENATOR STEVE OGDEN: Basically an argument over, I mean frustration and complaints by institutions and though not made to me, who thought that current distribution formulas were unfair to them so they were very uncomfortable with the current plan because they thought the distributions were unfair and this is a way to -- this amendment was a way to get everybody to agree.

SENATOR JUDITH ZAFFIRINI: Who proposed this alternative?

SENATOR STEVE OGDEN: Senator Eltife.

SENATOR JUDITH ZAFFIRINI: Senator Eltife proposed it? It was his idea?

SENATOR STEVE OGDEN: Yes, ma'am.

SENATOR JUDITH ZAFFIRINI: It didn't come from a chancellor or president or somebody?

SENATOR STEVE OGDEN: No, it came from Senator Eltife.

SENATOR JUDITH ZAFFIRINI: Really?

SENATOR STEVE OGDEN: And Senator, it's agreed to, it limits the size of the liquidation and I believe because we have reduced funding for our health science centers by 320 million they need this money.

SENATOR JUDITH ZAFFIRINI: I thought you had reduced it by 420 million and I remember that the coordinating board said what they need for bare bones was a little over 100 million, either 114 or 116 million, so this approaches that sum.

SENATOR STEVE OGDEN: That's what we're trying to do.

SENATOR JUDITH ZAFFIRINI: And it does seem like a better alternative for the one I so vehemently opposed. So, this is much better.

SENATOR STEVE OGDEN: Well, if -- thank you and I appreciate your vote on the amendment.

SENATOR JUDITH ZAFFIRINI: Thank you. I will vote for the amendment especially if Senator Eltife has offered it.

SENATOR STEVE OGDEN: I have learned in this process it's important to get help since some of my amendments aren't well received.

LT. GOVERNOR DAVID DEWHURST: Members, the issue before us is the suspension of the Senate's regular order of business, is there objection from any member? Chair hears no objection from any member and the rule is suspended. The Chair lays out on second reading Committee Substitute to Senate Bill 1581. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1581 relating to state fiscal matters relating to public and higher education.

LT. GOVERNOR DAVID DEWHURST: The Chair lays out floor amendment No. 1 by Senator Eltife. The secretary will read the caption.

PATSY SPAW: Floor amendment No. 1 by Eltife.

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

SENATOR KEVIN ELTIFE: Thank you, Mr. President and members. This is the amendment that Senator Ogden and Senator Zaffirini were talking about and I want to add that, Senator Zaffirini, you actually helped with the amendment, Senator Zaffirini, because you're the one that told me they need approximately 100 million to 114 million. So, members, what this amendment does as Senator Ogden has explained is it will take $100 million of the permanent health fund, divide it equally to the ten health science center institutions at approximately $10 million a piece. I move adoption, Mr. President.

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

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

LT. GOVERNOR DAVID DEWHURST: Members, the issue before is us is the adoption of floor amendment No. 1. Is there objection from any member? Chair hears no objection from any member and floor amendment No. 1 is adopted.

SENATOR KEVIN ELTIFE: Thank you, Mr. President and thank you members.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Ogden. The Chair lays out floor amendment No. 2 by Senator Birdwell, Senator Patrick, Senator Wentworth, Senator Huffman, Senator Nelson, the secretary will read the caption -- the amendment.

PATSY SPAW: Floor amendment No. 2 by Patrick or Birdwell.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Birdwell to explain floor amendment two.

SENATOR BRIAN BIRDWELL: Thank you, Mr. President and members. This amendment says that a person who is not authorized by law to be present in the United States may not be considered a resident of this state for purposes of instate tuition. This grandfathers students who have already completed at least 30 semester hours at an institution of higher education. Members, this bill does not prohibit anyone from attending our college and universities, only seeks to treat all Texas nonresidents the same. I move adoption.

LT. GOVERNOR DAVID DEWHURST: Senator Van de Putte, for what purpose do you rise?

SENATOR LETICIA VAN DE PUTTE: Questions for the authors of the amendment.

LT. GOVERNOR DAVID DEWHURST: Will Senator Birdwell yield?

SENATOR BRIAN BIRDWELL: Yes, sir, Mr. President, I will yield to Senator Van de Putte.

SENATOR LETICIA VAN DE PUTTE: Thank you, Mr. President and thank you, Senator. Now this provision in the education code was put into Texas statute in 2001?

SENATOR BRIAN BIRDWELL: I believe that's correct, yes, ma'am.

SENATOR LETICIA VAN DE PUTTE: And can you give me the breakdown of how many college students have been able to use this at our four year institutions versus the two year institutions?

SENATOR BRIAN BIRDWELL: Between the two I do not know but total the LBB and higher education coordinating board estimate a little over 16,000 students.

SENATOR LETICIA VAN DE PUTTE: Would it surprise you to know that the vast majority of these and at least the last count we had was close to 12,000 use this to enter our community college systems.

SENATOR BRIAN BIRDWELL: Right, that 16,000 includes community colleges as well.

SENATOR LETICIA VAN DE PUTTE: And Senator Birdwell, were you aware that the legislature passed a piece of legislation it went into effect with the consent of Governor Perry?

SENATOR BRIAN BIRDWELL: Yes, ma'am.

SENATOR LETICIA VAN DE PUTTE: And were you aware, Senator, that the reason that this piece of legislation was done was after negotiations with then the Chair of the education committee who was Senator Bivens?

SENATOR BRIAN BIRDWELL: No, ma'am.

SENATOR LETICIA VAN DE PUTTE: Well, Senator, would you be surprised to know that it took us three weeks to negotiate the actual portion of the language and I'm going to see if it -- so it can refresh your memory and you see what portions that you have oppositions to. The way the Texas statute is written is the students who would qualify to pay the same rate as in state tuition have to have attended Texas schools for over three years.

SENATOR BRIAN BIRDWELL: Yes, ma'am, I understand that.

SENATOR LETICIA VAN DE PUTTE: You're aware of that and that they also have to be able to sign an affidavit and say they will seek citizenship as soon as they can because as you know a minor child is not allowed to have the status to seek U.S. citizenship on their own.

SENATOR BRIAN BIRDWELL: Correct.

SENATOR LETICIA VAN DE PUTTE: Do you realize that the Texas Association of Business was strongly in favor of this due to the fact that many children were here brought at a very young age, had always attended Texas schools and we had told our children stay in school, study, be good, stay on track and you can go to college and many of these students would be the first students in their family not only to graduate from high school but to go on to college. And you are aware of that?

SENATOR BRIAN BIRDWELL: Right, but this amendment does not preclude them to go to college, it simply requires all nonstate noncitizens --

SENATOR LETICIA VAN DE PUTTE: Well, what this does though is these children who were brought here, most of them at a very early age had no say so and their parents came here for the opportunity, and by removing this your amendment strikes at the heart of those children who are in our public school system who try to adhere to every rule and yet when they get to the college age, that tuition is almost double of what they would pay even though they graduated from a Texas high school. So by your amendment we're punishing the students, the children because of a transgression of their parents and what we were seeing was many of our class valedictorians, our class salutatorians, our now top 10 percenters were being offered and going out of state where they were welcomed because of the financial hardship of the difference between having instate tuition status versus out of state.

SENATOR BRIAN BIRDWELL: That's correct. But my primary purpose here is to treat nonresidents equally because my duty is to citizens of the state of Texas.

SENATOR LETICIA VAN DE PUTTE: What harm have you seen in the ten years or now 11 years that we passed this, what sort of egregious uproars have we had to now go back to the status that we had prior to legislation that you're seeking to overturn?

SENATOR BRIAN BIRDWELL: First it would treat other students from other states equally as well but most of all it comes from having just recently been elected and seeing what I'm seeing in my district are folks that are very concerned about having their tax dollars taken to provide financial education or background or financial support to nonresidents of the state of Texas. So for me it's an issue associated with supporting the taxpayers of Texas vice --

SENATOR LETICIA VAN DE PUTTE: Well, Senator Birdwell, if that's your case, why don't you have an amendment that says that you don't need to educate students when they're here because what you're doing is putting a dagger in the hearts and the hopes of these students who had no say so whether they got here or not, who have graduated from public schools or private schools, who have been here at least three years and with all due respect, out of state students if they meet the qualifications, they would have already been here three years so they ascertain that they're going to apply for citizenship because they can't until they reach legal age, they qualify to go into your public institutions and they've at least been here three years. We wrote this specifically, and I have to tell you that it was three and a half weeks of negotiations with at the time, Chairman Bivens, with members of this committee. Again what sort -- other than you don't think it's fair, has this caused terrible problems throughout the state to allow these now 16,000 students to have the opportunity to get an education so they can actually become citizens and then be productive members here in Texas? What sort of things are going so wrong with the current statute?

SENATOR BRIAN BIRDWELL: Sense of fairness that you mentioned.

SENATOR LETICIA VAN DE PUTTE: Senator, you leave me speechless. I have seen -- I understand why this is but this has worked well for the state of Texas and in fact was the model for other states. Now, I understand the anti-immigrant rhetoric, I understand exactly why people in the fairness, we have withstood efforts every single time but these are students who want the opportunity, who want to be U.S. citizens, who through no fault of their own are here and now, we're saying to them because of something that their parents did, you don't deserve it and they do. There are mechanisms for us to be inclusive but if this state wants to have the attitude that it will close its doors to those who come and particularly the children of -- then do an amendment to strike at the heart of them, don't let them go to public schools in the first place, don't give them health care, don't let them do anything because what you're doing is saying it doesn't matter what you do in high school, it doesn't matter that you try because once you get out we're still going to treat you like you're from out of state and they're not, most of these students have been raised in this state and they're proud members and they're in communities throughout this state. And so Senator, I hope that -- I understand -- I know why you've done this and I know it plays well back home but know how much it hurts those of us who have people in our districts who are law-abiding citizens and who respect the fact that someone wants to come here and they don't take it out on the kids. What your amendment does takes it out on the children and doesn't give them the incentive to continue and work as hard as they can in school. I'm speechless, I have no other questions.

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

SENATOR ROBERT DUNCAN: Question of the author.

LT. GOVERNOR DAVID DEWHURST: Will Senator Birdwell yield?

SENATOR BRIAN BIRDWELL: Yes, sir. I yield to Senator Duncan.

SENATOR ROBERT DUNCAN: Senator, I remember when this went on, I didn't negotiate this several Republicans and others did. I think this bill passed -- Senator Van de Putte can probably tell me but to nothing out of the Senate in a Republican controlled Senate and it was almost unanimous in the House and signed by the governor and here's the policy reason behind it. These kids go to school, they're here not by their own choice, their parents are here working in our communities for us, if you go to a restaurant these folks are washing your dishes, waiting your tables, you have a hailstorm and you need a roof put on, these folks are working in your community and they're putting roofs on, these people are working in the agricultural community, they're productive persons, they're not citizens, they're not here legally but their children are here. We're required by the United States Constitution to educate those children and we have and we've invested in them. At least three years in high school, last time I checked that's about 5,000 a year. To deny them an opportunity to go into your community colleges, and I don't know if anybody here has checked about how this will impact some of the community colleges in Houston, I understand there are a lot in Houston that are educating these young people. These young people have worked hard to excel, they're not the problem that we're trying to solve with regard to illegal crime and drugs. These are kids that are just trying to reach the American dream. So I thought when I voted for it was a good conservative bill, a good bill because it turns young people into productive persons. Hopefully productive United States citizens. If you look at the demographics in this state we're changing, it's a lot different than it was whenever I started and graduated from college. And to me I think this is the wrong message to send to these young people who are currently in high school working hard to try to better themselves and to say here on the floor of the Texas Senate that we are not going to grant you an opportunity or at least a fair opportunity to go to college. Many of these kids can't afford to pay out of the state tuition and I think about, what about the kids that really are good students, kids that can grow up to be productive in this society here in Texas. This bill doesn't solve any problems or this amendment doesn't solve any problems, it's symbolic and I think the symbol is not one that we would be proud of. So I'm going to respectfully move to table the amendment at the proper moment.

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

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

LT. GOVERNOR DAVID DEWHURST: Will Senator Birdwell yield?

SENATOR BRIAN BIRDWELL: Yes.

SENATOR JOAN HUFFMAN: Senator Birdwell, I'm wondering did you do any research as you prepared this amendment to determine what the cost has been. I think you said about 16,000 plus something students.

SENATOR BRIAN BIRDWELL: Right, approximately a little over 16,000 students that would fall under this category.

SENATOR JOAN HUFFMAN: Were you able to find out from anyone what that cost would be to the state of Texas?

SENATOR BRIAN BIRDWELL: Best estimate based on individual students that could come into the system because the amendment does grandfather those currently in our institutions of higher education but around 50 million a year, nearly a hundred million biennium is what it cost the Texas taxpayer to subsidize the citizens in the nonstate of Texas.

SENATOR JOAN HUFFMAN: All right. And my other question is your amendment does not again preclude them from entering institution of higher education, they'd still be -- they would still be required to undergo the same test to be admitted and if they were in the top 10 percent, all of that would still apply, it would be that they were still responsible for a higher tuition rate of nonresidents.

SENATOR BRIAN BIRDWELL: They could even pursue additional student loans and other things associated with that. The amendment does not prohibit that in any way.

SENATOR JOAN HUFFMAN: And secondly, I'm interested in thinking of how a nonresident is treated. So if a person comes say from another country or another state and they get a student visa and they come to the state of Texas and come to one of our universities they have to pay an out of state tuition rate; is that correct?

SENATOR BRIAN BIRDWELL: That's correct.

SENATOR JOAN HUFFMAN: So an individual who has gone through the legal process to come into our country but chooses to come to our university has to pay the higher rate; is that correct?

SENATOR BRIAN BIRDWELL: That's correct.

SENATOR JOAN HUFFMAN: But an individual who is here and does not have a legal status, and that's who you're after in this bill; is that correct? Just those individuals who do not have legal status in the United States; is that correct?

SENATOR BRIAN BIRDWELL: That's correct.

SENATOR JOAN HUFFMAN: Then those are the individuals that you're seeking to require them pay a nonresident rate?

SENATOR BRIAN BIRDWELL: That's correct.

SENATOR JOAN HUFFMAN: All right. And does your amendment do anything else?

SENATOR BRIAN BIRDWELL: It grandfathers those currently in our institution of higher education those currently in --

SENATOR JOAN HUFFMAN: All right. So those who had entered the institution with certain expectations would not be penalized. All right. Thank you, Senator Birdwell.

SENATOR BRIAN BIRDWELL: Thank you, ma'am.

LT. GOVERNOR DAVID DEWHURST: Senator Duncan, did you wish to further your comments?

SENATOR ROBERT DUNCAN: Mr. President, I would at the appropriate time move to table. I know there's some discussion, I don't want to interrupt any more discussion on the bill but at the appropriate time I want to move to table.

LT. GOVERNOR DAVID DEWHURST: I took note of your intention. Senator Lucio, for what purpose do you rise?

SENATOR EDDIE LUCIO: Will Senator Birdwell yield, please?

LT. GOVERNOR DAVID DEWHURST: Senator Birdwell yield?

SENATOR BRIAN BIRDWELL: Yes, Mr. President. I'm sorry, I was speaking with Senator Ogden.

LT. GOVERNOR DAVID DEWHURST: Will you yield to Senator Lucio?

SENATOR BRIAN BIRDWELL: Yes, Mr. President. I'd be happy to yield to Senator Lucio.

SENATOR EDDIE LUCIO: Senator, I've been on this floor to 20 years. I point to what's engraved right above our president's head there, and I think you agree with me with that statement, don't you?

SENATOR BRIAN BIRDWELL: Yes, Senator Lucio, I do.

SENATOR EDDIE LUCIO: I think I saw you carrying a Bible the other day.

SENATOR BRIAN BIRDWELL: Yes, sir.

SENATOR EDDIE LUCIO: And before I ask you questions I'll read just one sentence out of that Bible you carry. "And if a stranger dwells within you and your land, you shall not mistreat him." Leviticus 19:33. Senator, I take offense at your amendment. Let me tell you why. First of all, we have been trying to be good neighbors in the area of the state that I live in. We have a long, long relationship with the Republic of Mexico. We've always tried to have programs of interchange where our kids or our students can go into Mexico and study there and theirs can come here. I've even carried legislation and I don't have it before me that would allow the very thing that you're trying to undo. When was this amendment heard in committee?

SENATOR BRIAN BIRDWELL: I've been unable to get a hearing and given that we're in the end period of the legislative period, I sought another vehicle to try to get the legislation.

SENATOR EDDIE LUCIO: How many students did you say would be impacted?

SENATOR BRIAN BIRDWELL: A little over 16,000.

SENATOR EDDIE LUCIO: Which of the students are the most hit or impacted by your amendment?

SENATOR BRIAN BIRDWELL: That was determined by the LBB and the higher education coordinating board.

SENATOR EDDIE LUCIO: Well, let me tell you, I know some of these students. I have face to face seen these students. Senator Van de Putte was right, they didn't choose to come here at a young age but now, they're in college trying to make something of themselves and if we in any way interfere, they won't get their education and then some day they are deported for running a stoplight or something and then they go back to their so-called country, they don't have a home, by the way, wherever they're from. Because they've been here most of their lives and I saw many of those students on one of my college campuses crying, sobbing because the dream about went down the tube in Congress. They wanted so badly to be American citizens, to have a piece of the American pie and now what's happened at the federal level is filtering down here with your amendment. I guess at the end of the session your report card might have an A on it but there will be a zero, a zero for no opportunity for many of those young people that are less fortunate that you're going to be impacting with this amendment. I'm not going to belabor this debate anymore, but I'll read you one more line in the scripture, "You shall have the same law for the stranger and for one from your own country." Leviticus again. I just hate where we're going. I just hate where we're going this session with this type of amendment legislation. Senator Duncan very eloquently told you everywhere we go, Senator, there's bricklayers and roofers, country club workers -- washers that otherwise wouldn't be able to do the job, wouldn't have anyone doing the job that they're doing, they play an integral part. They want to educate their kids, and they want to be able to have an opportunity that the country they came from did not offer.

SENATOR BRIAN BIRDWELL: Thank you, Senator Lucio.

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

SENATOR CARLOS URESTI: Will Senator Birdwell yield for some questions?

LT. GOVERNOR DAVID DEWHURST: Will Senator Birdwell yield?

SENATOR BRIAN BIRDWELL: Yes, sir, I will yield.

SENATOR CARLOS URESTI: Senator Birdwell, I want to make sure that I understand your amendment that was joint authored by Senator Patrick, Senator Wentworth, Senator Nelson and Senator Huffman. So what your amendment if it goes on will accomplish is a family were to come over years ago and they bring their young kids, 3-year-old, 5-year-old and a one year old who have no idea what's going on in their life and brings them over to the United States and to Texas, they go to school, they do well, they stay out of trouble, they grow up and go to school with our kids, with your kids, join the ROTC in high school, finish in the top percent, graduate from high school. What you're telling those kids is they're going to be treated as out of state students within our junior colleges?

SENATOR BRIAN BIRDWELL: That's correct.

SENATOR CARLOS URESTI: What are you trying to accomplish?

SENATOR BRIAN BIRDWELL: Trying to accomplish a fairness for the Texas taxpayer is what I'm trying to accomplish because what you have laid out to me that means perpetuity, the people of the state of Texas, the citizens of Texas will forever be dealing with the cost of tuition associated with that.

SENATOR CARLOS URESTI: Let's take that point.

SENATOR BRIAN BIRDWELL: I'm trying to make sure that we're fair to Texas taxpayers and all nonresidents, be they from Louisiana, Oklahoma or wherever else.

SENATOR CARLOS URESTI: Well, let's talk that point about the taxes because I disagree with you, it's not logical. So that kid goes to school, 16 years old and gets a job, they take taxes out of his paycheck? Of course they do, correct?

SENATOR BRIAN BIRDWELL: They do, yes, sir.

SENATOR CARLOS URESTI: So he's a taxpayer or she's a taxpayer. That same kid has to go and buy jeans to go to school, buy tennis shoes and they go to Sears or Penny's or Wal-Mart, do they pay taxes?

SENATOR BRIAN BIRDWELL: That's correct.

SENATOR CARLOS URESTI: Okay. Of course they do, so they're taxpayers. So I don't follow the logic about taxpayers because these people are taxpayers. These folks are taxpayers, they have to put gas in their vehicle like the rest of us and they pay the exact amount of taxes as you and I do, don't they?

SENATOR BRIAN BIRDWELL: Depends on whether they own a business or not as part of other taxes but they absolutely -- we're primarily sales tax driven.

SENATOR CARLOS URESTI: Taxes on gasoline, when they pull up to the Vallero and they put gas in their car nobody asks them for an ID and exempts them from paying taxes, correct?

SENATOR BRIAN BIRDWELL: That's correct.

SENATOR CARLOS URESTI: So they pay the exact amount of taxes that you and I do per gallon, correct?

SENATOR BRIAN BIRDWELL: Correct.

SENATOR CARLOS URESTI: So I'm trying to understand your logic then about taking care of taxpayers when that 16-year-old kid has paid the same amount of tax that your 16-year-old kid or my 16-year-old kid pays. Is that a correct statement?

SENATOR BRIAN BIRDWELL: I would think so depending upon the nature of what purpose you're paying for.

SENATOR CARLOS URESTI: Well, then I'm trying to understand your point about them not paying their fair share of taxes or taking care of the taxpayers. So tell me the difference then between your kids and my kids or your kids because it's not logical, Senator Birdwell.

SENATOR BRIAN BIRDWELL: Your question is associated with the nature of citizenship and are we making a demand on Texas taxpayers regardless of their background.

SENATOR CARLOS URESTI: So your bill has to do with the nature of citizenship?

SENATOR BRIAN BIRDWELL: Well, it deals with the fact that you got folks that are lawful residents of the state of Texas and folks that are not lawful residents of the state of Texas and we're treating them differently because of residents of other states that we charge out of the state tuition and unlawful residents that we're charging instate tuition here. My concern is for the Texas taxpayer regardless of ethnicity, regardless of social economic standing, my concern is for fairness to the tax payers of the state of Texas regardless of whom they are.

SENATOR CARLOS URESTI: And I understand that but using that example that I just laid out for you that kid that has been here since he or she was 1-year-old, let's compare them to one of your children or my children, they're growing up through the system, they get a job they put gas in their car, they buy a dress for the prom, they go to work, they have taxes paid out, hasn't that 1-year-old -- throughout the system compared to your 1-year-old or my 1-year-old paid the same amount of taxes?

SENATOR BRIAN BIRDWELL: Could very well be.

SENATOR CARLOS URESTI: Then we're not treating that individual the same, are we, with your amendment?

SENATOR BRIAN BIRDWELL: It's based upon lawful presence in the United States.

SENATOR CARLOS URESTI: So that's what your amendment is about, that's truly what you're trying to accomplish, it's not about being fair to the taxpayer.

SENATOR BRIAN BIRDWELL: It is about being fair to the taxpayer based upon lawful presence in the United States.

SENATOR CARLOS URESTI: You realize, you understand that I represent 2/3rds of the Texas/Mexico border from Eagle Pass to El Paso.

SENATOR BRIAN BIRDWELL: Yes, sir.

SENATOR CARLOS URESTI: So this amendment strikes deep into the heart of my district and I know a lot of families, I know a lot of my constituents that fall into this category and I got to tell you, Senator Birdwell, I don't get upset very often on the Senate floor, but I'm very offended and very disappointed at your amendment because of what it does to those children that are here not by their choice, no fault of their own, but because a decision was made years ago and those kids have done everything that we've asked of them, of your kids, of my kids and every other kid and of every other Senator's children. They've done everything they're supposed to do but because a decision was made years ago that they were going to come into the United States and Texas you're going to penalize those children with this amendment. Do you realize that?

SENATOR BRIAN BIRDWELL: I'm trying to make sure we're compassionate on the Texas taxpayer that's asked to subsidize that education.

SENATOR CARLOS URESTI: That wasn't my question. My question was, Senator Birdwell, you realize you're penalizing those children that we've asked them to do everything, you realize that? Forget the taxpayers for a moment and let's focus on the children because at the end of the day on this Senate floor -- you know, we talk about the taxpayers and we talk about big businesses but we always forget why we're really here, we're really here to take care of the children, Senator Birdwell, don't you agree with that?

SENATOR BRIAN BIRDWELL: I'm here to make sure the lawful citizens of state of Texas are -- by this body.

SENATOR CARLOS URESTI: I thought you would say that. Thank you, Senator Birdwell.

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

SENATOR JOHN WHITMIRE: I was going to ask the gentleman if he'll yield but I'll give him all the time he needs to visit with his colleagues.

SENATOR BRIAN BIRDWELL: Mr. President, I'd like to temporarily pull down floor amendment No. 2.

LT. GOVERNOR DAVID DEWHURST: Senator Birdwell temporarily pulls down floor amendment No. 2.

SENATOR JOHN WHITMIRE: Parliamentary inquiry.

LT. GOVERNOR DAVID DEWHURST: State your inquiry.

SENATOR JOHN WHITMIRE: The temporariness of his pulling it down, what's that mean?

LT. GOVERNOR DAVID DEWHURST: You --

SENATOR JOHN WHITMIRE: I know is it time certain or are we going to see it shortly thereafter or are we going to move on to Senator Ogden's bill?

LT. GOVERNOR DAVID DEWHURST: If you'll permit this conversation to continue. Senator Birdwell, Senator Whitmire has inquired as to your intentions on temporarily withdrawing floor amendment No. 2. Are you planning on bringing it back up at a time certain or at a point in the movement of this bill? I think Senator Whitmire was asking for some clarification if possible.

SENATOR JOHN WHITMIRE: Has the gentleman withdrawn his amendment? That's the bottom line. If he is, I'd like to --

SENATOR BRIAN BIRDWELL: I'd like to speak briefly and then make a motion if I may.

LT. GOVERNOR DAVID DEWHURST: You're recognized.

SENATOR BRIAN BIRDWELL: Members, lawfulness is important to me.

LT. GOVERNOR DAVID DEWHURST: State your inquiry.

SENATOR ROYCE WEST: What's happening right now?

LT. GOVERNOR DAVID DEWHURST: I recognized, from what I understand, Senator, what is your parliamentary inquiry?

SENATOR ROYCE WEST: My parliamentary inquiry is a couple of things -- and excuse me, Senator Birdwell.

SENATOR BRIAN BIRDWELL: Sure, Senator West.

SENATOR ROYCE WEST: My parliamentary inquiry is this if we suspend on the third reading of this particular bill, can a member still offer an amendment?

LT. GOVERNOR DAVID DEWHURST: Yes.

SENATOR ROYCE WEST: On third reading if a person, if a member offers an amendment what is the required vote for that amendment to go on?

LT. GOVERNOR DAVID DEWHURST: Twenty-one votes, two-thirds.

SENATOR ROYCE WEST: Okay, thank you.

SENATOR JOHN WHITMIRE: Mr. President, parliamentary inquiry.

LT. GOVERNOR DAVID DEWHURST: State your inquiry.

SENATOR JOHN WHITMIRE: If a gentleman is going to withdraw his amendment, I respect that. If he's going to continue to have the floor I would ask him to yield because I had some questions I wanted to cover. Now, I would applaud if he intends to withdraw it but I don't know if you can have it both ways. If he's going to withdraw it, I don't know how he's going to have the floor to give a speech. If he has the floor to explain the amendment, I'd ask him to yield.

LT. GOVERNOR DAVID DEWHURST: Would the two of y'all approach the podium for a second? The Chair recognizes Senator Birdwell for a motion to withdraw floor amendment No. 2.

SENATOR BRIAN BIRDWELL: Mr. President, for the continued survival of Senate Bill 1581 in support of my finance Chair I would like to pull down amendment No. 2 to Committee Substitute to 1581.

LT. GOVERNOR DAVID DEWHURST: Senator Birdwell withdraws floor amendment No. 2. The Chair lays out floor amendment No. 3 by Senator Gallegos. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 3 by Gallegos.

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

SENATOR MARIO GALLEGOS: Thank you, Mr. President and members. Members, the educational aid exemption program has paved the way for many dedicated and talented and educational aids to attend college to become teachers, ready to serve long and productive careers in the classroom. The student enrollment continues to grow, the need for certified and qualified teachers also grows. This program is an effective and efficient way to fill that need. Section 401 of the Committee Substitute on 151 narrows the program to only shortage areas as determined by the TEA. This amendment only grandfathers any student who is currently in the program, members, this is -- we've already invested money on kids that are presently going through the program. This would just grandfather those that are currently in the program. And I move adoption.

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

SENATOR STEVE OGDEN: Mr. President and members, I move to table floor amendment No. 3.

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

SENATOR MARIO GALLEGOS: Thank you, Mr. President. Members, there's currently kids in the program and there are currently participants in and midway through college as we speak and they're focusing on the shortage area and I believe that we gave them a commitment at the beginning that's over 14 years, 46,000 tuitions have been granted in 14 years. There's kids already midway through their college careers right now. All I'm asking is to grandfather these kids, not do anything more. Those kids deserve that, they're going through college and I ask for no on the motion to table.

LT. GOVERNOR DAVID DEWHURST: Members, the issue before us is a motion to table by Senator Ogden on floor amendment No. 3 by Senator Gallegos. The secretary will call the roll.

LT. GOVERNOR DAVID DEWHURST: ,Embers there being 19 ayes 12 mays, the motion to table prevails. The Chair lays out floor amendment No. 4 by Senator Zaffirini. The secretary will read the amendment.

PATSY SPAW: Floor amendment No. 4 by Zaffirini.

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

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. Mr. President and members, this is a friendly amendment which is acceptable to Senator Ogden and I'm delighted that it does because it incorporates my Committee Substitute for Senate Bill 5 with six friendly amendments. Previously, members, we voted 30 to one to pass this bill. Senator Ogden was the only no, but we have removed the provision that he objected to. It was a floor amendment that incorporated an additional amendment we would have accepted had we had an opportunity. It was an amendment by Senator Watson which I called the Mike Ward amendment because he first raised the question, this amendment would have omitted section 4.1 of the Committee Substitute and would have made the statute governing confidentiality of real estate development applications consistent across state agencies. Due to concern from various stakeholders we eliminated this provision and the statute would remain in its current form. It is acceptable to the author.

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

SENATOR STEVE OGDEN: Mr. President and members, this is I believe House Bill 4. Senator Zaffirini, isn't this House Bill four?

SENATOR JUDITH ZAFFIRINI: Five.

SENATOR STEVE OGDEN: House Bill 5.

SENATOR JUDITH ZAFFIRINI: Senate Bill 5.

SENATOR STEVE OGDEN: Excuse me, let's back up. Senator Zaffirini, is this Senate Bill 5 basically?

SENATOR JUDITH ZAFFIRINI: Yes, it is.

SENATOR STEVE OGDEN: Except for a provision that was taken out that had to do with real estate transactions here in Austin; is that right?

SENATOR JUDITH ZAFFIRINI: Correct.

SENATOR STEVE OGDEN: And you said it again but what other provision did you delete from your Senate Bill 5.

SENATOR JUDITH ZAFFIRINI: This is the amendment that would have saved public colleges and universities millions of dollars per year by updating antiquated statutes, removing or sunsetting various reporting requirements and providing increased flexibility to our institution leaders. Basically this is the bill that we passed 30 to one and we eliminated the section you objected to which we've eliminated anyway had we had an opportunity to hear Senator Watson's amendment.

SENATOR STEVE OGDEN: And that's the only change, right?

SENATOR JUDITH ZAFFIRINI: From that point, yes.

SENATOR STEVE OGDEN: This amendment is acceptable to the author.

LT. GOVERNOR DAVID DEWHURST: Members, Senator Zaffirini moves the adoption of floor amendment No. 4. It's acceptable to Senator Ogden, is there objection from any member? The Chair hears no objection from any member and floor amendment No. 4 is adopted.

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

LT. GOVERNOR DAVID DEWHURST: The floor lays out floor amendment No. 5 by Senator Wentworth. The secretary will read the amendment.

PATSY SPAW: Floor amendment No. 5 by Wentworth.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Wentworth to explain floor amendment five.

SENATOR JEFF WENTWORTH: Thank you, Mr. President. Mr. President, floor amendment five to the Committee Substitute to Senate Bill 1581 is one with which the Senate is fairly familiar since we've debated it several times and adopted it already. I move adoption of floor amendment No. 5 which has to do with allowing licensees who have already passed the tests and been qualified to carry concealed weapons into college campus buildings. Move adoption of floor amendment No. 5.

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

SENATOR STEVE OGDEN: Mr. President and --

LT. GOVERNOR DAVID DEWHURST: Excuse me, can you hold for just a moment because I see that Senator Zaffirini had a question. Senator Zaffirini, for what purpose do you rise?

SENATOR JUDITH ZAFFIRINI: For a question of the author of the amendment.

LT. GOVERNOR DAVID DEWHURST: Will Senator Wentworth yield?

SENATOR JEFF WENTWORTH: Happy to yield, yes.

SENATOR JUDITH ZAFFIRINI: Senator Wentworth, this is the exact amendment that you attached to my Senate Bill 5 that would allow persons to carry their concealed weapons on campus?

SENATOR JEFF WENTWORTH: Yes, ma'am.

SENATOR JUDITH ZAFFIRINI: Has it changed in any way?

SENATOR JEFF WENTWORTH: No, ma'am. It includes Senator Ellis' amendment that doesn't allow people to include an increase insurance requirements. It takes out preference to private institutions and it takes out any reference to collegiate athletic events.

SENATOR JUDITH ZAFFIRINI: Senator Wentworth, this is the bill -- now the amendment -- now another amendment actually that's opposed so strongly by student governments throughout the state, is it not?

SENATOR JEFF WENTWORTH: It's opposed by some student governments and favored by others. It's opposed by some college presidents and favored by others. It's opposed by some college regents and favored by others. It's a divisive issue, I understand that, but it has passed this Senate as a bill -- as a standalone bill two years ago and it's passed this Senate two years ago as a bill.

SENATOR JUDITH ZAFFIRINI: That's funny, Senator Wentworth, because the only reaction that I have had toward this bill and the two amendments has been negative whether the feedback has come from regents, board of regents, presidents, chancellors, student governments, the only -- I remember one group speaking out in support of that and I believe it was a college Republicans group but I don't remember any student government including the A&M student government which came out strong against supporting this bill. Could you give me information regarding who has supported it in terms of student governments, chancellors, boards or members of the boards of regents?

SENATOR JEFF WENTWORTH: Senator, there are a number of college presidents who are reluctant to be publicly identified in favor of this bill because their chancellor has already taken a position already in opposition. I understand that. There's a very active and large group called something like students for concealed carry association which testified in favor of this bill along with others who testified before the criminal justice committee of the Senate.

SENATOR JUDITH ZAFFIRINI: Senator Wentworth, do you recall the incidents caused by Charles Whitman on the University of Texas campus in 1966?

SENATOR JEFF WENTWORTH: Senator Zaffirini, I was on the university of Texas that day within hours of Charles Whitman's killing a number of people, yes.

SENATOR JUDITH ZAFFIRINI: You were there after it happened?

SENATOR JEFF WENTWORTH: Yes, ma'am.

SENATOR JUDITH ZAFFIRINI: I was there while it happened and I thought that the sounds were construction sounds but I was there in the journalism building as an undergraduate when it happened and I can't imagine, Senator Wentworth, what would have happened if all of those students had had weapons or if some of the students had had concealed weapons that they could use. How could the security guards and the law officers who reported to duty been able to differentiate between the good persons and the bad, between the perpetrators and those were trying to defend themselves. How could that happen?

SENATOR JEFF WENTWORTH: Senator Zaffirini, these are issues that have been raised and answered adequately and successfully before. No. 1, law officers are trained before they're licensed, if they ever come upon a situation, the Whitman example isn't a good one because he was at the top of the tower. But the one that's used normally is if a campus security show up in a classroom and there's more than one person there, there are two or three people with guns drawn, you know, how do they distinguish. Very simple. They say, everybody put their guns down, campus security, everyone put your guns down. The law-abiding good people will put their guns down, only the deranged suicidal person is going to be stupid enough to continue to hold his weapon. The situation that occurred on the University of Texas campus with Charles Whitman involved his shooting with a rifle and in fact law enforcement took students home close by the campus to retrieve rifles to come back to the campus to help get Charles Whitman.

SENATOR JUDITH ZAFFIRINI: Well, actually he didn't have a weapon, he had rifles on all four sides of the tower and he was shooting from all four sides of the tower, he would just move from one side or the other and he had his weapons there, as I recall correctly, but it was a long time ago. But I was there the entire time, saw the people who were wounded, saw the people who were killed, saw mangled bodies which I've never in my life seen before and it has left an incredible negative horrendous memory really that I cannot escape. I cannot imagine, Senator Wentworth, other students have weapons and other personnel there have weapons and become involved in a fight like that even if it's an effort to seek justice, I just can't imagine it, I can't imagine the horrors that could develop if your bill is passed or if it's passed as an amendment.

SENATOR JEFF WENTWORTH: Senator, let me give you another example that occurred a few years ago at Virginia Tech where a suicidal deranged person went into a classroom building and managed to kill 32 students and wounded I think another 15 because there was no one there to defend themselves. They were all law-abiding students and faculty members in a gun free zone which was a victim risk zone to which this suicidal deranged person was drawn like a magnet. I'm trying to avert and avoid that sort of situation in the future. That's the whole purpose of this bill. Did you read the handout that was distributed today on your desk?

SENATOR JUDITH ZAFFIRINI: Yes, I did.

SENATOR JEFF WENTWORTH: There was testimony in committee and some discussion on the floor about how safe college campuses are and how adding licensees on campuses will make them less safe and yet just last week on the University of Texas campus a student was robbed at gunpoint, robbed at gunpoint on campus, this is supposed to be a safe environment. Well, it's a gun free zone and that's why people who have the intention of robbing or otherwise injuring people are attracted.

SENATOR JUDITH ZAFFIRINI: Well, I don't know who the perpetrator was but what if that was the child, son or daughter of a member of this body who perhaps was high on drugs and chose to assault somebody and rob that person and the response for the person from the student with a concealed weapon would have been to kill him? To shoot to kill? Then how would we feel?

SENATOR JEFF WENTWORTH: Well, it's not shoot to kill necessarily, Senator Zaffirini, that's an assumption you're making.

SENATOR JUDITH ZAFFIRINI: It could be shoot to kill or the intention might not be to kill but that may be the consequence.

SENATOR JEFF WENTWORTH: Well, it was two robbers according to Austin American Statesman. Two armed robbers who robbed this person, this student on campus at gun point. So college campuses are not as safe as has been alleged.

SENATOR JUDITH ZAFFIRINI: Well, that was in one situation and there will be others, Senator Wentworth, and I can't imagine how you will feel the day the first unintended consequence will be reported. I can't imagine how you will feel and I will call you on that day if your bill becomes law because I'll want to know how you feel. But moving on to another subject the subject of unfunded mandates, this is clearly an unfunded mandate, is it not, are we appropriating any money to adopt this amendment?

SENATOR JEFF WENTWORTH: It's not an unfunded mandate. In fact, the fiscal note on 154 was zero.

SENATOR JUDITH ZAFFIRINI: Well, the zero but it in terms of cost to the state but the fiscal note that was based on your bill and I didn't expect this so I don't have it with me if I recall correctly the fiscal note said there was no cost to the state, but the fiscal note said there would be cost to the universities for example to provide storage facilities, for example buying insurance, for example, hiring to hire additional law enforcement personnel.

SENATOR JEFF WENTWORTH: There will be no additional insurance based on the Ellis amendments that are part of this amendment.

SENATOR JUDITH ZAFFIRINI: Well, that might be but what about storage for weapons, what about security, what about law enforcement? That will certainly be an additional cost?

SENATOR JEFF WENTWORTH: So far as I can tell there will be no additional security or law enforcement cost. There may be additional cost for storage, but that's up to each individual university.

SENATOR JUDITH ZAFFIRINI: Well, in my opinion this is an unfunded mandate that's going to cost our universities perhaps millions of dollars, I don't have a figure for you. And again I don't have your fiscal note but cumulatively it could cost the universities millions over the years. Perhaps not in one year but over the years. In addition to that, Senator Wentworth, what happened to the concept of the local control. You have resisted efforts by the local board of regents to decide whether to allow concealed weapons on the respective campuses. Isn't that so perfectly consistent with local control?

SENATOR JEFF WENTWORTH: This is ground we've been over several times both in committee and on this floor on the same amendment and my response has been consistent and uniform and that that I think we need instead of having a patchwork of different regulations and different laws we ought to have one uniform statewide law in regard to public universities.

SENATOR JUDITH ZAFFIRINI: Senator Wentworth, if this amendment is attached, what impact do you think it will have on Senator Ogden's motion or perhaps his consideration of making the motion to suspend the three day rule?

SENATOR JEFF WENTWORTH: I'm hopeful it won't have any effect. I'm hopeful if it does have an effect, it will be effective to help it.

SENATOR JUDITH ZAFFIRINI: We'll see. Thank you, Senator Wentworth.

SENATOR JEFF WENTWORTH: Yes, ma'am.

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

SENATOR EDDIE LUCIO: Does Senator Wentworth yield please for questions?

SENATOR JEFF WENTWORTH: Happy to yield.

SENATOR EDDIE LUCIO: Senator Wentworth, how is this amendment germane to state fiscal matters in public and higher education? How is this germane?

SENATOR JEFF WENTWORTH: This has to do with public higher education.

SENATOR EDDIE LUCIO: But this bill deals with expenditure matters to tuition exemptions, dual credit and high school and colleges, how is your amendment germane to the subject matter of this bill?

SENATOR JEFF WENTWORTH: It's broad enough to be germane.

SENATOR EDDIE LUCIO: Well, I respectfully disagree. Thank you, Senator.

SENATOR JEFF WENTWORTH: Yes, sir.

LT. GOVERNOR DAVID DEWHURST: Senator Davis, for what purpose do you rise, ma'am?

SENATOR WENDY DAVIS: Parliamentary inquiry.

LT. GOVERNOR DAVID DEWHURST: State your inquiry.

SENATOR WENDY DAVIS: My inquiry is to the germaneness of this amendment to the bill. If we could approach the parliamentarian.

LT. GOVERNOR DAVID DEWHURST: Please approach. The Chair recognizes Senator Patrick for an introduction.

SENATOR DAN PATRICK: Thank you, Mr. President and members, I want to welcome as we all do when we have pages join us, Austin Landon joining us today and Austin moved here to Texas with the name already in place so it is fortuitous that he and his family moved here several years ago. As and I have introduced him to several of you, you know his grandfather very well, Michael Landon who was little Joe in Bonanza and in Little House on the Prairie and we're happy to have you and Michael's son Michael Landon, Jr. and wife with us today, Sherry, so thank you all for being here. You have an outstanding young man, and we're proud to have you all in the city of Austin. Thank you.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Patrick. Members, it's 3:05. Our excellent staff have been working without a break. I'm going to suggest that we stand at ease until 3:15. That will give the parliamentarian to conclude her analysis of the germaneness of this amendment and we'll come back into session at 3:15.

(At ease.)

LT. GOVERNOR DAVID DEWHURST: Members, the Senate will come to order. Members, Senator Davis before the break raised a parliamentary inquiry as to the germaneness of floor amendment No. 5 to this bill Senate Bill 1581. It would not be germane but for some of the language in Senator Zaffirini's No. 4, so the objection is overruled.

SENATOR ROYCE WEST: Mr. President.

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

SENATOR ROYCE WEST: I move to table floor amendment No. 5.

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

SENATOR JEFF WENTWORTH: Mr. President, it seems a little bit like Ground Hog Day, we've debated this bill several times, the Senate passed the bill two years ago, an overwhelming majority of the Senate agrees, a super majority of the House agrees, we just need to get by. And I respectfully ask people to vote no on the motion to table.

LT. GOVERNOR DAVID DEWHURST: Members, the issue before us is the motion by Senator West to table. Senator Wentworth objects. The secretary will call the roll.

LT. GOVERNOR DAVID DEWHURST: Members, there being 12 ayes and 19 nays the motion to table fails. Members, we have an amendment to the amendments that -- that Senator Davis is carrying forward. Senator Ogden, did you wish to be recognized? Senator Lucio, for what purpose, sir?

SENATOR EDDIE LUCIO: Parliamentary inquiry, sir.

LT. GOVERNOR DAVID DEWHURST: State your inquiry.

SENATOR EDDIE LUCIO: Would it be proper at this time to make a motion to reconsider Senator Zaffirini's amendment, reconsider the vote by which Senator Zaffirini's amendment passed?

LT. GOVERNOR DAVID DEWHURST: Senator Lucio, the motion would not be an order right this second because we got a pending amendment to the amendment but it would be following that.

SENATOR EDDIE LUCIO: Thank you. Thank you.

LT. GOVERNOR DAVID DEWHURST: The Chair lays out floor amendment No. 5 by Senator Davis. Secretary will read the amendment. Floor amendment No. 5 is an amendment to floor -- I'm sorry, this is floor amendment No. 6. The Chair lays out floor amendment No. 6 by Senator Davis. Floor amendment No. 6 is an amendment to floor amendment five. The Chair recognizes Senator Davis to explain floor amendment No. 6.

SENATOR WENDY DAVIS: Thank you, Mr. President. What this amendment seeks to do is to provide the final decision making on the rules, regulations or other provisions that would prohibit or allow license holders from carrying guns on the campus of institutions to be in the hands of the governing board, of course, the board of regents of our public university systems as the final word on whether their public university would allow guns on their campuses and if so the rules and regulations that would be established. I move adoption.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Wentworth on floor amendment six.

SENATOR JEFF WENTWORTH: Mr. President, unless I misread it this is the identical amendment that Senator Davis offered a few days ago on the same bill and I have the same objection to it. We need a uniform state law so that everybody knows what the law is on every campus of every institution of higher education in the state without a crazy patchwork, crazy quilt situation. So I move to table amendment six to amendment five.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Davis to close.

SENATOR WENDY DAVIS: Thank you, Mr. President. Senator Zaffirini mentioned a moment ago the concept of the local control and this amendment seeks to provide that control. University by university system to their board of regents to make decisions that they believe are in the best interest of their campus this and their student body. I would respectfully ask that the members vote yes on the floor amendment.

LT. GOVERNOR DAVID DEWHURST: Members, the issue before us is a motion to table floor amendment No. 6 by Senator Davis opposed by Senator Wentworth. The secretary will call the roll.

LT. GOVERNOR DAVID DEWHURST: There being ayes and 12 nays, the motion to table prevails. Members, the issue before us is the adoption of familiar amendment No. 5 now. Floor amendment No. 5 by Senator Wentworth.

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

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Ogden to close.

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

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

LT. GOVERNOR DAVID DEWHURST: There being ayes and ten nays, the motion is adopted.

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

LT. GOVERNOR DAVID DEWHURST: Senator Lucio, did you wish --

SENATOR EDDIE LUCIO: Yes, sir, Mr. President now that we're off the Wentworth amendment, I'd like to move that we reconsider the vote by which amendment No. 4 passed.

LT. GOVERNOR DAVID DEWHURST: Were you on the prevailing side? Yes, yes, you were.

SENATOR WENDY DAVIS: Parliamentary inquiry.

LT. GOVERNOR DAVID DEWHURST: State your inquiry.

SENATOR WENDY DAVIS: Mr. President, I understand Senator Lucio seeking to have a reconsideration of Senator Zaffirini's amendment in the hope that if that amendment is removed, it will then remove Senator Wentworth's amendment. Is that the case? Will his amendment stay on if Senator Zaffirini's amendment is removed from the bill?

LT. GOVERNOR DAVID DEWHURST: Yes, because floor amendment No. 5 has now been adopted.

SENATOR EDDIE LUCIO: Mr. President.

LT. GOVERNOR DAVID DEWHURST: Senator Lucio.

SENATOR EDDIE LUCIO: I didn't realize that that would still be the case, so I will pull down my motion.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. The Chair lays out floor amendment No. 7 by Senator Davis. Secretary will read the amendment. The Chair lays out floor amendment No. 7. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 7 by Davis.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Davis to explain floor amendment seven.

SENATOR WENDY DAVIS: Thank you, Mr. President. This is just a harmless little amendment by comparison to some of the others that we have discussed today. Currently four year institutions of higher education receive a 20 percent discount on the transmission and distribution portion of their electricity rates. It's that portion that's still regulated in the state of Texas. It would not apply to the rates charged by the retail electric providers. My amendment expands this to independent school districts, open enrollment charter schools and community colleges. It would provide millions of dollars in total discounts for school districts. The money saved by the districts charter schools, and community colleges could be used for teachers, professors, and or necessary staff and services. The amendment would provide that the public utilities commission may after September 1st, 2011, authorize new rate making authority for investor owned utilities. This would provide that the PUC may adjust the rate of an investor and utility due to the discount provided to educational entities. Examples of what that discount would mean for our school districts in Dallas ISD is it would mean a savings of $2.2 million-over the biennium or, excuse me, in a year. For Fort Worth ISD it would mean $750,000 in savings. For Houston ISD it would mean $2.3 million in savings. For Richardson ISD it would mean 216,000. For Arlington ISD 697,000. That's just an example of what that 20 percent discount could mean to our school districts and because we've already made a decision as a policy making body to provide that discount to higher education services, I think it sets a precedent for us requesting that that same discount, particularly in this difficult time, be provided to our public school systems including open enrollment charter schools and community colleges and I would move adoption of amendment No. 7.

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

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

LT. GOVERNOR DAVID DEWHURST: Will Senator Davis yield?

SENATOR WENDY DAVIS: Yes, of course.

SENATOR ROBERT NICHOLS: This looks very similar to an amendment you were going to put on the public utility PUC sunset bill.

SENATOR WENDY DAVIS: It actually has one difference in it, Senator Nichols, and this specific authority allowing the PUC to adjust the rates of the utilities Duncanville to the discount provided to the educational entities so if the PUC determines that an adjustment should be made to rates in order to compensate for this discount, then they would be authorized to do so.

SENATOR ROBERT NICHOLS: Okay. So the adjustment that you're talking about basically would increase everyone else's rate?

SENATOR WENDY DAVIS: Right now under the law and this would continue to be the case under the law transmission distribution utilities can seek that if it is greater, if the 20 percent discount rises to more than 1 percent of their cost of providing the transmission and distribution service if it doesn't rise to a greater amount than that, then they wouldn't be able to seek reimbursement, and that's the rule as it exists right now for private and public university systems as this body --

SENATOR ROBERT NICHOLS: So as I understand it if the adjustment as made, if the adjustment is made then it does go to add on a little bit to everybody's home electric bill.

SENATOR WENDY DAVIS: It would be spread out across rate makers throughout the state and a minimal amount to --

SENATOR ROBERT NICHOLS: So it does. All right. Thank you very much.

SENATOR WENDY DAVIS: Thank you.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Ogden on floor amendment No. 7.

SENATOR STEVE OGDEN: I move to table floor amendment No. 7.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Davis to close.

SENATOR WENDY DAVIS: Yes, thank you. I hope we all think about this, we just added an amendment to this bill that allows guns to be carried on college campuses. This bill is very much in keeping with the intent of Committee Substitute to Senate Bill 1581 and that's relating to consideration of fiscal matters for our public and higher education institutions. This is something that we decided as a body that we would extend to public universities many years ago and I see no reason that we would distinguish between providing that discount to our higher education universities and our public schools particularly in this very difficult budget crunch that our school systems find themselves in. I think it's incumbent upon us to do everything we can to try to ease the burden that they are experiencing. This of course again would only apply to that regulated portion of their utilities bills, not requiring that retail electric providers not provide any discount and I believe under the circumstances it's not only a very fair but a very appropriate thing to ask. And I would move that we vote no on the motion to table floor amendment No. 7.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Davis. Members, Senator Ogden, moves to table floor amendment No. 7. Senator Davis opposes. The secretary will call the roll.

LT. GOVERNOR DAVID DEWHURST: Members, there being 19 ayes and 12 nays the motion to table prevails. The Chair lays out floor amendment No. 8 by Senator Hegar and Senator Eltife. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 8 by Hegar and Eltife.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Hegar to explain floor amendment No. 8.

SENATOR GLENN HEGAR: Thank you, Mr. President and members. Last session the legislature we passed House Bill been 3646 that changed proportional reduction for school districts adopting a tax rate below their compression rate. School districts in violation of the new law face significant penalties ranging from $6 million a year, the House author had agreed that this was not the intended purpose of the bill to be retroactive. TEA agreed that a delayed enforcement of the penalties but made sure that we need to have a legislative fix to these problems or otherwise the district will have to pay this penalty. This floor amendment makes the necessary change so that it is effective in 2009 tax year and thereafter. And I hope it's acceptable to the author.

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

SENATOR STEVE OGDEN: It's acceptable.

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

PATSY SPAW: Floor amendment No. 9 by Hinojosa.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Hinojosa to explain floor amendment nine.

SENATOR JUAN HINOJOSA: Thank you, Mr. President and members. My amendment deals with the tobacco account fund that was set up back in 1998. My amendment will raise approximately $50 million in the biennium and let me give yo a little background, members. In 1968 the state of Texas joined several other states in the lawsuit against some of the tobacco product manufacturers to recover losses due to the social cause of tobacco use. The national settlement only included three tobacco companies that are active in Texas. RJ Reynolds, Phillip Morris, Lorillard. Since then 35 new tobacco companies have established a business here in Texas. Now, these 35 new tobacco companies pay a fee in the 48 other states in our country but they don't pay here in Texas and they don't pay in Florida. So this issue addresses the situation so that 35 companies have now established a business in Texas after a '98 court order pay their first share into the tobacco settlement account to pay for the different costs that are caused by the use of tobacco. This amendment creates a formula for which a 35 nonparticipating formula will pay a similar fee as the three participating manufactures: RJ Reynolds, Phillip Morris, and Lorillard. This amendment makes sure that competition is fair so that they don't undercut and underprice tobacco products and undermine tobacco keeping products from the hands of under aged population. In addition to that it will also make them pay their first share of additional costs that are caused by tobacco use from cancer to emphysema and other health related issues that come up because of tobacco use and I think the amendment is acceptable to the author. And these funds will be for the purpose of also focusing and try to appropriate this money to different health care related institutions and higher education.

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

SENATOR MIKE JACKSON: Will the gentleman yield?

LT. GOVERNOR DAVID DEWHURST: Will Senator Hinojosa yield?

SENATOR JUAN HINOJOSA: I yield.

SENATOR MIKE JACKSON: Senator Hinojosa, will you tell me again about the new taxes and fees you're putting on tobacco products? This has got to be one of the most favorite subjects for people who want to add fees and taxes this session, correct?

SENATOR JUAN HINOJOSA: Fees, not taxes, Senator Jackson, and let me explain to you. Back in 1998 there was lawsuit filed by state of Texas joined by other states against three major tobacco companies and the lawsuit was settled so the three major tobacco companies that have to pay a fee to offset the costs that are caused by the use of tobacco such as cancer, emphysema and other --

SENATOR MIKE JACKSON: Okay. And how much are your taxes --

SENATOR JUAN HINOJOSA: Let me finish your question. Let me finish answering your question, when I'm finished then you can ask me again. As I was explaining to you, seems that settlement that 35 other tobacco companies have sense come and moved to Texas to do business here and those tobacco companies are not paying a fee to help offset the cost of tobacco products in Texas. Yet the 48 other states, 48 other states in our country they pay a fee for tobacco use that means that you have an unlevel playing field in terms of the companies that right now are here in Texas, three major companies to compete against other tobacco companies to pay a much or underpriced against other tobacco products.

SENATOR MIKE JACKSON: Okay. How much does 2.15 cents for each 0.09-ounce of nonsettling manufacturers cigarette tobacco product raise?

SENATOR JUAN HINOJOSA: I think it would raise $50 million every biennium.

SENATOR MIKE JACKSON: 50 million for the biennium.

SENATOR JUAN HINOJOSA: Correct.

SENATOR MIKE JACKSON: And who's going to pay that?

SENATOR JUAN HINOJOSA: The tobacco companies.

SENATOR MIKE JACKSON: How are they going to reimburse themselves for having to pay that money? You think that would affect --

SENATOR JUAN HINOJOSA: Well, one is the price of their tobacco products would be equal to what three major tobacco companies are selling the tobacco for.

SENATOR MIKE JACKSON: Okay. So you're going to feel really good when you'll be able to go home after this session's over if it is -- if it is ever over -- and tell people in your district that you got to put a new fee on tobacco products No. 1, that you got -- you voted to be able to assess them a surcharge for their health insurance cost and if you followed Senator Duncan's lead you taxed the little cigars, so it will be a good thing for you to be able for you to go tell your constituents that use tobacco that you had a good time kicking them around this session.

SENATOR JUAN HINOJOSA: Well, actually I have little cigars, but let me tell you, you're absolutely right, what it will do, it will help balance some of the large cost being caused by the use of tobacco that our taxpayers have to pick up because some of the tobacco companies are not paying their fair share of some of the cost. So on a balance it will be a plus for my constituents and your constituents.

SENATOR MIKE JACKSON: Oh, I forgot about the big tobacco settlement. Wasn't there a settlement that we just appropriated to $100 million to health science centers as well we're spending this session as well?

SENATOR JUAN HINOJOSA: Correct. There was a settlement in 1998 in federal court against the three major tobacco companies in this country. Keeping in mind since then 35 new tobacco companies have moved into Texas, it's 35 companies paying a fee in the rest of the 48 states to make up for the cost of tobacco use.

SENATOR MIKE JACKSON: Well, I am real proud, Senator Hinojosa, because when I find anyone that wants to complain about that I'm going to tell them that you can be contacted on your web site and you can be the champion. I appreciate it.

SENATOR JUAN HINOJOSA: Thank you, Senator Jackson.

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

SENATOR STEVE OGDEN: Senator Hinojosa, I think you said this but I'd like you to remind the members that this revenue that you're going to raise is going to be deposited where?

SENATOR JUAN HINOJOSA: In the tobacco fund for health science centers.

SENATOR STEVE OGDEN: And isn't that the same fund we had an amendment on earlier today by Senator Eltife? Isn't that the same exact fund that we were going to withdraw $100 million, you're going to put some money back into that fund?

SENATOR JUAN HINOJOSA: About $50 million to make up for that short --

SENATOR STEVE OGDEN: About 50 million per biennium or year?

SENATOR JUAN HINOJOSA: 50 million per biennium.

SENATOR STEVE OGDEN: So we can replenish the fund we're temporarily drawing down to help the health science centers if this amendment goes on; is that correct?

SENATOR JUAN HINOJOSA: That's correct.

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

LT. GOVERNOR DAVID DEWHURST: Members, Senator Hinojosa moves the adoption of floor amendment No. 9. It's acceptable to Senator Ogden. The secretary will call the roll.

LT. GOVERNOR DAVID DEWHURST: Members, there being 24 ayes and seven nays, floor amendment number nine is adopted.

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

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. The Chair lays out floor amendment No. 10 by Senator Williams. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 10 by Williams.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Williams to explain floor amendment ten.

SENATOR TOMMY WILLIAMS: Thank you, Mr. President. Members, I'm going to offer this amendment and then withdraw it. I want to highlight the issue. This is a bill that I filed the Senate companion for Representative Huberty who is a former school board member in the Humble school district. As many of you know, and I know many of you here have served on school boards and you often work late into the night in back rooms and often there's not any security. You may recall back in December of this past year in Panama City, Florida Clay Duke turned a gun on himself in a confrontation with the school board and shot himself but not before he shot several times at school board members who were present. Fortunately he didn't hit any of the school board members and I believe that if you have people who are properly licensed and trained law-abiding citizens and they're carrying a handgun with them, the world is a safer place. And this amendment would merely make an exemption for members of the school district board of trustees or the superintendent who were acting in their official capacity and attended a school board meeting to be able to carry a gun if they were properly licensed to do so. So I think this is an important issue that we need to consider, I think maybe one gun amendment is enough for Senator Ogden's fiscal matters bill and so I did want to highlight this issue, I think it's important and something we need to consider. And with that Mr. President I'll withdraw floor amendment No. 10.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Williams. Members, Senator Williams pulls down floor amendment No. 10. The Chair lays out floor amendment No. 10 by Senator Ellis. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 11 by Ellis.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Ellis to explain floor amendment 11.

SENATOR RODNEY ELLIS: Thank you, Mr. President and members. This is a straightforward amendment. It mirrors one in the language that passed the legislation a few years ago, this amendment would require the new joint oversight committee on higher Ed govern its excellence and transparency to review tuition reregulation and make recommendations to the legislature for its continuance or repeal. The report is due January the 1st, 2013. If no action is taken by the legislature on September the 1st, 2013 tuition would be reregulated and the burden of tuition decisions will return to the legislature. Since tuition deregulation passed in 2003, overall tuition has increased 156 percent. The percentage increase at select universities in Texas is even higher since the fall of 2003 tuition at the University of Texas at Austin has increased 230 percent. Tuition at the University of Dallas has increased 219 percent. Tuition at Texas Tech University and the University of Houston has increased 278 percent and the tuition at Texas A&M University has increased 165 percent. Members, eight years ago this legislature did not want to make tough decisions on tuition and instead passed them up to schools, parents and students. Since then we spent time, we spent years for blaming them, for doing what they have to do to keep the schools running. I think it's time to put the horse back in the barn, put the gun back in the saddle. Pardon the pun, and require the legislature to do its job funding Texas universities. So I move adoption.

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

SENATOR TROY FRASER: Question of the author.

LT. GOVERNOR DAVID DEWHURST: Will Senator Ellis yield?

SENATOR RODNEY ELLIS: Yes, sir.

SENATOR TROY FRASER: Make sure I know 54.0513 you're repealing -- what are you repealing on September 1, 2013?

SENATOR RODNEY ELLIS: I'm repealing the provision where the legislature no longer sets tuition for universities.

SENATOR TROY FRASER: So you're repealing tuition?

SENATOR RODNEY ELLIS: I'm regulating it.

SENATOR TROY FRASER: Tuition deregulation.

SENATOR RODNEY ELLIS: Yeah. So this is an amendment to regulate tuition after a study is done. It will essentially sunset, Senator, if we don't reinstitute it. I know a number of you all have complained about it, I have registered press releases and seen the comments in the press and this is just an opportunity to show whether or not you all were serious or just talking.

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

SENATOR STEVE OGDEN: Well, with respect to the horse out of the barn and the gun out of the saddle, I move to table floor amendment 11.

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

SENATOR RODNEY ELLIS: Mr. President, I would oppose the motion to table.

LT. GOVERNOR DAVID DEWHURST: Members, the issue before us is Senator Ogden moves to table floor amendment No. 11. It's opposed by Senator Ellis. The secretary will call the roll.

LT. GOVERNOR DAVID DEWHURST: Members, there being 16 ayes and 15 nays, the motion to table prevails. Senator Ogden.

SENATOR RODNEY ELLIS: Parliamentary inquiry.

LT. GOVERNOR DAVID DEWHURST: State your inquiry.

SENATOR RODNEY ELLIS: Will I be recognized on a motion for a passage?

LT. GOVERNOR DAVID DEWHURST: Will you be recognized on what?

SENATOR RODNEY ELLIS: That's all right.

LT. GOVERNOR DAVID DEWHURST: Members, this is the first amendment floor amendment No. 11. The Chair lays out floor amendment 12 by Senator Ogden, secretary will read the amendment.

PATSY SPAW: Floor amendment No. 12 by Ogden.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Ogden to explain floor amendment No. 12.

SENATOR STEVE OGDEN: Members, I move to strike article one of the bill which was the broad grant of the authority it basically said any state agency or institution of higher education can do whatever they want. This -- by taking this out we limit the bill to the provisions that are actually in it. I move adoption of floor amendment 12.

LT. GOVERNOR DAVID DEWHURST: Members, you heard the motion by Senator Ogden, is there objection from any member? Chair hears no objection from any member and floor amendment No. 12 is adopted. Chair recognizes Senator Ogden for a motion.

SENATOR STEVE OGDEN: Mr. President and members, I move passage to engrossment of Committee Substitute to Senate Bill 1581.

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

LT. GOVERNOR DAVID DEWHURST: Members, there being 21 ayes and ten nays, Committee Substitute to Senate Bill 1581 as amended passes to engrossment. The Chair recognizes Senator Ogden for a motion suspend the constitutional rule that bills be read on three several days.

SENATOR STEVE OGDEN: Mr. President, I move to suspend the constitutional rule that bills be read on three several days to take up and consider Senate Bill 1581.

LT. GOVERNOR DAVID DEWHURST: Members, you've heard the motion by Senator Ogden. The secretary will call the roll. I'm sorry, the issue before us is the suspension of the three day rule. The secretary will call the roll.

LT. GOVERNOR DAVID DEWHURST: Members, there being 25 ayes and six nays, the rule is suspended. Chair lays out on third reading and final passage Committee Substitute to Senate Bill 1581 as amended. Secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1581 relating to state fiscal matters relating to public and higher education.

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

SENATOR STEVE OGDEN: Members, for those of you that voted to give me the third reading, thank you very much. I move final passage of Committee Substitute to Senate Bill 1581.

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

LT. GOVERNOR DAVID DEWHURST: Members, there being 19 ayes and 12 nays, Committee Substitute to Senate Bill 1518 as amended is finally passed. The Chair recognizes Senator Ogden for the motion to grant request for a House conference committee on HB1.

SENATOR STEVE OGDEN: Mr. President and members, I move to grant the House's request for a conference committee on House Bill 1.

LT. GOVERNOR DAVID DEWHURST: Members, Senator Ogden moves that the Senate grant the request of the House for a conference committee on HB1. Is there objection? Is there objection from any member? Chair hears no objection so ordered. Are there any motions to instruct? There being no motion to instruct other than advice to Senator Whitmire. The following conferees -- but before I ask the secretary to read the list of the conferees I wanted to mention that in my conversations with Senator Ogden he's very interested in any and all of you that want to be involved in the conference process to be involved. The House frequently has more than five conferees involved. For instance we're going to ask Senator Florence Shapiro to be in charge of all public education and negotiate that and the public education bills so -- and by the way let me just say how important it is that all of us that Senate Bill 22 in our education bill. The following conferees.

PATSY SPAW: Senate conference committee on House Bill 1 Chair Senator Ogden, members Senator Nelson, Senator Williams, Senator Duncan, and Senator Hinojosa.

SENATOR STEVE OGDEN: Senator Carona is recognized for a motion to suspend the regular order of business on Committee Substitute to Senate Bill 1213.

SENATOR JOHN CARONA: Thank you. Members, a life settlement transaction is a sale to a third party for its existing insurance policy for more than its cash surrender value but typically less than its net death benefit and there is quite an industry across the nation in life settlements. They let consumers to exercise the property right to assign their life insurance policy and obtain a competitive market value for the asset of insurance which is theirs. Texas has not amended the statutes governing life settlement transactions since 1999 when, in fact, I carried the bill at that time. The purpose of this bill is to put the 2007 National Conference of Insurance Legislatures Life Settlement Models Act into legislation here in Texas with a few specific changes made to address current Texas law. Much of this language exists in current Texas Department of Insurance rule with the model act better reflects the current industry dynamic. In the bill additionally it updates licensing requirements for brokers and providers as well as how TBI should issue or deny licenses updates reporting requirements under which providers and brokers must provide information about life settlements and it continues to allow TDU to examine life settlement private essential services. I do a have an amendment that I am going to offer when it comes to the floor that cleans up some technical drafting errors. I move for suspension at this time.

SENATOR STEVE OGDEN: Senator Carona moves to suspend the regular order of business to take up and consider Committee Substitute to Senate Bill 1213. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute to Senate Bill 1213. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1213 relating to consumer protections and the purchase of life settlement contract.

SENATOR STEVE OGDEN: Senator Carona is recognized. Oh wait, the following amendment. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 1 by Carona.

SENATOR STEVE OGDEN: Senator Carona is recognized on his amendment.

SENATOR JOHN CARONA: Mr. President, the floor amendment corrects several drafting errors as well as implements some recommendations made by the Texas Department of Insurance and everything that was put into it was agreed to by the various stakeholders without -- there was no opposition. I move adoption of floor amendment No. 1.

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

SENATOR JOHN CARONA: Mr. President, I move passage to engrossment.

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

SENATOR JOHN CARONA: So moved.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: Being 31 ayes and no nay, constitutional three day rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to Senate Bill 1213. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1213 relating to consumer protections and the purchase of life settlement contracts.

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

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

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: Being 31 ayes and no nays, the bill is finally passed. Thank you, Senator. Senator West. Senator West is recognized for a motion to suspend the regular order of business on Committee Substitute to Senate Bill 1616.

SENATOR ROYCE WEST: Thank you very much, Mr. President. I move to suspend the Senate's regular order of business to take up and consider at this time Committee Substitute to Senate Bill 1616. While Texas leads the nation in the number of persons found to have been wrongfully convicted in prison and exonerated crimes, largely the state is without uniform standards to establish best practice on the collection, retention and storage of biological evidence. The goal of this particular bill is to establish statewide uniform guidelines to be used in the collection and retention and storage of evidence that could be used in criminal investigation. More specifically this bill would require the Department of Public Safety to develop guidelines of a type of biological evidence that should be retained for the investigation of felonies of certain types of crimes, define how long DNA evidence must be stored by unrelated circumstances to the crime itself. At this time I move suspension of the regular order of business.

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

SENATOR JOAN HUFFMAN: Question the author of the bill, please.

SENATOR STEVE OGDEN: You're recognized to ask a question.

SENATOR JOAN HUFFMAN: Thank you. Senator West, I think there have been some concerns about the time period that we were going to be holding this evidence by DPS because I think the initial bill said 60 years and of course, that would be a long period to hold evidence. So that has been addressed?

SENATOR ROYCE WEST: It has been addressed and yes, to answer your question, I've worked very closely with the -- there will be an amendment that will be presented. As you recall when this bill was first on intent I pointed out to you and others in the Harris County delegation, Harris County indicated that there was about a $3.5 million fiscal impact to them and since that time we've worked with them and I have a letter from Mr. Glen Van Syke indicates that the issues dealing with the fiscal note had been addressed and they've been addressed based on the following given the -- I'm stating this verbatim, given the applicable statute of limitations for all unsolved felonies other than homicide and sexual assault is ten years or less, we believe that the proposed floor amendment language substituting for not less than 40 years or until the applicable statute of limitation has expired if there's an unapprehended act associated with the offense does effectively alleviate the concerns.

SENATOR JOAN HUFFMAN: So that should alleviate DPS's concerns as well since the issues are similar.

SENATOR ROYCE WEST: I would assume that.

SENATOR JOAN HUFFMAN: Okay. Thank you. Thank you, Senator West.

SENATOR STEVE OGDEN: All right. Senator West moves suspension of the regular order of business to take up and consider Committee Substitute to Senate Bill 1616. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute to Senate Bill 1616. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1616 relating to the collection, storage, preservation and retrieval and destruction of biological evidence.

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

PATSY SPAW: Floor amendment No. 1 by West.

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

SENATOR ROYCE WEST: This deals with the issue that Senator Huffman and I were just talking about as it relates to changing the storage requirement from years to 40 years. We're amending the requirement to do just that. The change will also allow DNA evidence to be disposed of consistent with statute of limitation for the applicable felony offense. The amendment also describes the period that the biological evidence is retained when adults or juvenile defendant has been adjudicated of an offense. I move adoption of floor amendment No. 1.

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

SENATOR ROYCE WEST: Move passage to engrossment.

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

SENATOR ROYCE WEST: So moved.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nay, the constitutional three day rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to Senate Bill 1616. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1616 relating to the collection, storage, preservation, retrieval and destruction of biological evidence.

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

SENATOR ROYCE WEST: Mr. President and members, I move final passage of Committee Substitute to Senate Bill 1616.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes and no nays, the bill is finally passed. Congratulations, Senator. Senator Huffman, you're recognized for a motion to concur in House amendments on Senate Bill 656.

SENATOR JOAN HUFFMAN: Thank you, Mr. President. Members, I move to concur with the House amendments to Senate Bill 656. Senate Bill 656 was the Coastal Coordination Council sunset bill that abolishes the council and moves its functions over to the general land office. The House passed the bill that differs from the Senate bill by only one word which was a nonsubstantive change, so I move that the Senate concur.

SENATOR STEVE OGDEN: All right. Senator Huffman moves that the Senate concur in House amendments to Senate Bill 656. The secretary will call the roll.

SENATOR STEVE OGDEN: Being 31 ayes and no nay, the Senate concurs.

SENATOR JOAN HUFFMAN: Thank you, Mr. President.

SENATOR STEVE OGDEN: Senator Williams. Senator Williams is recognized on a motion to concur on House amendments to Senate Bill 1153.

SENATOR TOMMY WILLIAMS: Thank you, Mr. President. Members, Senate Bill 1153 provides the PUC the authority to hire outside experts and legal counsel for proceedings before the federal energy regulatory council in the event that an agreement cannot be reached between the five member Southeast Electric Reliability Council negotiators. I move to concur with House amendments on Senate Bill 1153. The House added an amendment that precludes the PUC from hiring a registered lobbyist as its counsel before FERK. Mr. President, I move to concur with the House amendments to Senate Bill 1153.

SENATOR STEVE OGDEN: Senator Williams moves that the Senate concur in House amendments to Senate Bill 1153.

SENATOR STEVE OGDEN: Being 31 ayes and no nays, the Senate concurs. Senator Seliger. Senator Seliger is recognized on a motion to concur on House amendments to Senate Bill 1116.

SENATOR KEL SELIGER: Thank you, Mr. President. Members, I move to concur with House amendments to Senate Bill 1160 at this time relating to the liability of a landowner to harm a trespasser. As you recall Senate Bill 1160 passed the Senate and the House added two amendments that would incorporate Senate Bill 217 by Senator Hinojosa which passed the Senate unanimously last week and what the amendments do is say parts of the state will pursue with local states and federal offices occur an officer may enter or expose a property and an accident may occur but the landowner will be held harmless in this case. It ensures the landowner is not liable for damages or injury to any person or property that arises from the action of a peace officer or federal law enforcement. This amendment is consistent with the goals of Senate Bill 1160 which is to protect the private property rights of Texas land owners. I move to concur.

SENATOR STEVE OGDEN: Senator Seliger moves to concur -- the Senate concur on House amendments to Senate Bill 1160. The secretary will call the roll.

SENATOR STEVE OGDEN: Being 31 ayes and no nays, the Senate concurs.

SENATOR KEL SELIGER: Thank you, Mr. President.

SENATOR STEVE OGDEN: Following motion in writing. Secretary will read the motion.

PATSY SPAW: Motion in writing, permission to introduce bills. Mr. President, I move suspension of the Senate rule 7.07B to permit the introduction of the following bills. Senate Bill 1929 by Seliger relating to the application of the professional prosecutors law to the District Attorney for the 287th judicial district. Senate Bill 1930 by Nelson relating to the disclosure of the composition of hydraulic fracturing fluids used in hydraulic fracturing treatments. Motion by Whitmire.

SENATOR STEVE OGDEN: Is there objection to the motion to introduce? Chair hears none, motion to introduce is adopted. Following bills and resolutions in reference to committee. Secretary will read the bills and resolutions.

PATSY SPAW: Senate Bill 1929 by Seliger relating to application of a professional prosecutors law to the District Attorney for the 287th judicial district to jurisprudence. Senate Bill 1930 by Nelson relating to the disclosure of the composition of hydraulic fracturing fluids used in hydraulic fracturing treatments to natural resources. House Bill 2295 to business and commerce.

SENATOR STEVE OGDEN: Chair recognizes Senator Carona for a motion to grant the House request for the appointment of a conference committee on House Bill 1956.

SENATOR JOHN CARONA: Thank you, Mr. President. Members, this relates to an appeal order by the Texas Alcoholic Beverage Commission on suspension of a license and I would like to move that we grant the request for a conference committee at this time.

SENATOR STEVE OGDEN: Senator Carona moves that the Senate grant the request of the House for a conference committee on House Bill 1956. Is there objection? Chair hears none, the request is granted. Are there motions to instruct? The following conferees.

PATSY SPAW: Conference committee on House Bill 1956 Chair Senator Carona, members Senator Eltife, Senator Lucio, Senator Harris, and Senator Watson.

SENATOR STEVE OGDEN: The following motion in writing. Secretary will read the motion.

PATSY SPAW: Motion in writing, Mr. President I ask unanimous consent for House Bill 3814 relating to Travis Creek Moore municipal utility district to be withdrawn from the committee on intergovernmental relations and rereferred to the committee on administration Senator went worth, author, Senator West Chair committee from which bill is being withdrawn, Senator Eltife Chair committee to which bill is being rereferred.

SENATOR STEVE OGDEN: Is there objection to the adoption of the motion? The Chair hears none, the motion is adopted. The president's desk is clear. Chair recognizes Senator Eltife for an announcement.

SENATOR KEVIN ELTIFE: Thank you, Mr. President. If I may I have two announcements and a motion.

SENATOR STEVE OGDEN: Well, do the announcements first.

SENATOR KEVIN ELTIFE: One of the announcements is yours. Members, finance will meet 30 minutes upon adjournment to vote out bills. The other announcement is I'm giving notice that the local and uncontested calendar session will be held Tuesday May 10th at 8:00 a.m. a copy of the certified calendar has been furnished to each of you. The bills and resolutions will be considered on second and third reading in the order list. Also Mr. President and members, I move to suspend Senate rules 11.13 so that committees can meet tomorrow morning during the local and uncontested calendar session.

SENATOR STEVE OGDEN: Could you amend that motion to included reading and referral of bills?

SENATOR KEVIN ELTIFE: And to include the reading and referral of bills.

SENATOR STEVE OGDEN: So would you restate it, please?

SENATOR KEVIN ELTIFE: There you go, I move.

SENATOR STEVE OGDEN: Senator Eltife moves to suspend Senate rule 11.13.

SENATOR KEVIN ELTIFE: Correct.

SENATOR STEVE OGDEN: So that committees can meet during the local and uncontested calendar and during the reading and referral of bills. Is there any objection? Chair hears none, so ordered.

SENATOR KEVIN ELTIFE: Thank you, Mr. President.

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

SENATOR CRAIG ESTES: An announcement.

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

SENATOR CRAIG ESTES: Mr. Chairman and members Senate committee on agriculture and rural affairs will meet at 5:00 o'clock in room, 1.012.

SENATOR STEVE OGDEN: Senator Lucio is recognized for an announcement.

SENATOR EDDIE LUCIO: Thank you, Mr. President and members. I'd like to move to suspend the 24-hour posting rule in accordance with with Senate rules 11.10 and 11.18 in order for the Senate committee on international relations and trade to meet today Monday May the 9th, 2011 immediately upon adjournment at my desk to take up pending business.

SENATOR STEVE OGDEN: Senator Lucio moves to suspend Senate rules 11.10 and 11.18 so that he can meet at his desk to consider bills. Is there objection? Chair hears none, so ordered. Senator Ellis.

SENATOR RODNEY ELLIS: Mr. President, the government organization committee will meet immediately upon adjournment in the Betty king room to consider eligible bills.

SENATOR STEVE OGDEN: : All right. Thank you, Senator Ellis. Senator Nelson, are y'all -- are there any other announcements? Chair recognizes the dean of the Senate for a highly privileged motion.

SENATOR JOHN WHITMIRE: Thank you, Mr. President. I move that the Senate recess until 8:00 a.m. tomorrow so that we may consider a local and -- let me back up. Pending the reading and referral of bills, I move that the Senate recess until 8:00 a.m. tomorrow so that we may consider a local and uncontested calendar at the time at the conclusion of that calendar the Senate will adjourn until 11:00 a.m. Tuesday May 10th and Mr. President, Senator Patrick asked us all to keep our Houston offices that were shot over the weekend officer Tim Moore and Fernando Mesa in our thoughts and prayers and also we today will adjourn in memory of Myra McDaniel, our former secretary of state.

SENATOR STEVE OGDEN: Is there objection --

SENATOR JOHN WHITMIRE: Actually I said adjourn, we're going to recess. I move that the Senate recess until 8:00 a.m. and then we'll adjourn at the end.

SENATOR STEVE OGDEN: All right. Is there any objection to Senator Whitmire's motion? Chair hears none, the Senate stands in recess until 8:00 a.m. tomorrow to consider a local calendar upon conclusion of the local calendar the Senate will stand adjourned until 11:00 a.m. May the 10th pending the reading and referral of bills.

PATSY SPAW: House Bill 8 to business and commerce. House Bill 122 to jurisprudence. House Bill 157 to finance. House Bill 300 to health and human services. House Bill 442 to transportation and homeland security. House Bill 528 to state affairs. House Bill 577 to health and human services. House Bill 595 to criminal justice. House Bill 654 to finance. House Bill 673 to transportation and homeland security. House Bill 642 to education. House Bill 753 to health and human services. House Bill 762 to state affairs. House Bill 777 to transportation and homeland security. House Bill 783 to criminal justice. House Bill 807 to health and human services. House Bill 818 to education. House Bill 826 to education. House Bill 872 to intergovernmental relations. House Bill 961 to criminal justice. House Bill 970 to economic development. House Bill 971 to business and commerce. House Bill 1009 to criminal justice. House Bill 1033 to economic development. House Bill 1071 to intergovernmental relations. House Bill 1080 to agriculture and rural affairs. House Bill 1090 to intergovernmental relation. House Bill 1111 to jurisprudence. House Bill 1135 to state affairs. House Bill 1178 to economic development. House Bill 1226 to state affairs. House Bill 1315 to commission development. House Bill 1335 to education. House Bill 1354 to state affairs. House Bill 1389 to criminal justice. House Bill 1395 to transportation and homeland security. House Bill 145206 business and commerce. House Bill 1500 to open government. House Bill 1502 to state affairs. House Bill 1517 to transportation and homeland security. House Bill 1504 to international relations and trade. House Bill 1610 to education. House Bill 1616 to state affairs. House Bill 1619 to intergovernmental relations. House Bill 1649 to intergovernmental relations. House Bill 1678 to state affairs. House Bill 1720 to health and human services. House Bill 1723 to criminal justice. House Bill 1749 to transportation and homeland security. House Bill 1772 to state affairs. House Bill 1821 to intergovernmental relation. House Bill 1834 to education. House Bill 1839 to economic development. House Bill 1840 to agriculture and rural affairs. House Bill 1896 to transportation and homeland security. House Bill 1930 to criminal justice. House Bill 1931 to jurisprudence. House Bill 1942 to education. House Bill 1983 to health and human services. House Bill 1985 to jurisprudence. House Bill 1988 to criminal justice. House Bill 1992 to agriculture and rural affairs. House Bill 2042 to -- House Bill 204208 finance. House Bill 2052 to state affairs. House Bill 2061 to health and human services. House Bill 2077 to natural resources. House Bill 2100 to intergovernmental relations. House Bill 2109 to health and human services. House Bill 2127 to agriculture and rural affairs. House Bill 2160 to intergovernmental relations. House Bill 2172 to state affairs. House Bill 2173 to state affairs. House Bill 2195 to transportation and homeland security. House Bill 2205 to intergovernmental relations. House Bill 2220 to intergovernmental relations. House Bill 2284 to business and commerce. House Bill 2285 to criminal justice. House Bill 2366 to education. House Bill 2367 to jurisprudence. House Bill 2371 to transportation homeland security. House Bill 2374 to criminal justice. House Bill 2396 to transportation homeland security. House Bill 2477 to state affair. House Bill 2549 to government organization. House Bill 2576 to health and human services. House Bill 2577 to criminal justice. House Bill 2584 to intergovernmental relations. House Bill 2604 to business and commerce. House Bill 2634 to health and human services. House Bill 2651 to transportation homeland security. House Bill 2655 to business and commerce. House Bill 2663 to natural resources. House Bill 2671 to transportation and homeland security. House Bill 2699 to business and commerce. House Bill 2703 to health and human services. House Bill 23 to state affairs. House Bill 2725 to criminal justice. House Bill 2742 to agriculture and rural affairs. House Bill 2761 to intergovernmental relations. House Bill 2784 to economic development. House Bill 2810 to finance. House Bill 2826 to natural resources. House Bill 2872 to transportation and homeland security. House Bill 2882 to state affairs. House Bill 2899 to jurisprudence. House Bill 2903 to health and human services. House Bill 2940 to health and human services. House Bill 2947 to open government. House Bill 2948 to transportation and homeland security. House Bill 2949 to jurisprudence. House Bill 2969 to natural resources. House Bill 2972 to intergovernmental relations. House Bill 2973 to state affairs. House Bill 2993 to criminal justice. House Bill 3,002 to natural resources. House Bill 3071 to natural resources. House Bill 3078 to state affairs. House Bill 3085 to health and human services. House Bill 3090 to natural resources. House Bill 3096 to intergovernmental relation. House Bill 3109 to natural resources. House Bill 3116 to business and commerce. House Bill 3117 to business and commerce. House Bill 3134 to natural resources. House Bill 3135 to education. House Bill 3145 to health and human services. House Bill 3161 to state affairs. House Bill 3182 to finance. House Bill 3197 to health and human services. House Bill 3269 to natural resources. House Bill 3278 to education. House Bill 3298 to transportation and homeland circuit court. House Bill 3311 to jurisprudence. House Bill 3329 to business and commerce. House Bill 3337 to state affairs. House Bill 3346 to criminal justice. House Bill 3391 to natural resources. House Bill 3359 to government organization. House Bill 3396 to criminal justice. House Bill 3457 to intergovernmental relations. House Bill 3468 to education. House Bill 3506 to education. House Bill 3573 to business and commerce. House Bill 3582 to state affairs. House Bill 3689 to higher education. House Bill 3722 to homeland security. House Bill 3724 to health and human services. House Bill 3771 to transportation homeland security. House Bill 3796 to jurisprudence. House Bill 3808 to agriculture and rural affairs. House Bill 3811 to intergovernmental relations. House Bill 3846 to intergovernmental relations. HCR86 to government organization. HCR98 to agriculture and rural affairs. HCR133 to government organization. HJR63 to intergovernmental relations.

SENATOR STEVE OGDEN: Pursuant to a motion previously adopted the Senate stands in recess until 8:00 a.m. tomorrow morning Tuesday.

(Adjourned.)