SEVENTY-EIGHTH DAY · 2004. 7. 20. · SEVENTY-EIGHTH DAY MONDAY, MAY 26, 2003 PROCEEDINGS The...

SEVENTY-EIGHTH DAYMONDAY, MAY 26, 2003

PROCEEDINGS

The Senate met at 11:00 a.m. pursuant to adjournment and was called to order bySenator Lucio.

The roll was called and the following Senators were present:iiArmbrister, Averitt,

Barrientos, Bivins, Brimer, Carona, Deuell, Duncan, Ellis, Estes, Fraser, Gallegos,Harris, Hinojosa, Jackson, Janek, Lindsay, Lucio, Madla, Nelson, Ogden, Ratliff,

Shapiro, Shapleigh, Staples, VanideiPutte, Wentworth, West, Whitmire, Williams,Zaffirini.

The Presiding Officer announced that a quorum of the Senate was present.

The Reverend James L. Mayfield, Tarrytown United Methodist Church, Austin,

offered the invocation as follows:

God, on this Memorial Day we thank You for those women and menwho have died serving this nation. We also pray for those who continue to

carry physical and emotional scars of battle. We also remember the burdentheir sacrifice has placed on members of their families. We also pray for the

women and men of this Senate as they draw near to the close of this session.Bless them for all they have done that is pleasing in Your sight.

God, at times each of us has done what we know we ought not to havedone, and at other times each of us has left undone what we know we

should have done. Forgive us. Give us the will, the wisdom, and thecourage to make the changes we know we need to make in ourselves so that

we will be able to do what You want done. It is with hope that we offer this

prayer. Amen.

Senator Whitmire moved that the reading of the Journal of the proceedings of

Saturday, May 24, 2003, be dispensed with and the Journal be approved as printed.

The motion prevailed without objection.

SENATE RESOLUTION 939

Senator Ellis offered the following resolution:

WHEREAS, The Senate of the State of Texas is pleased to recognize the

participants in the 2003 Texas Legislative Internship Program sponsored by theMickey Leland Center on World Hunger and Peace at Texas Southern University; and

WHEREAS, This excellent program gives students firsthand experience in the

political process and state government as they learn about critical issues facing the

state and communities; with Senator Rodney Ellis serving as an advisor, and his office

assisting with activities, students combine academic study and research with practical

training, and many interns will continue to work in public service; and

WHEREAS, The program participants and the offices they worked in are

Richard Aaron Barrera, Senator Rodney Ellis; Eric Blue, Representative Todd Smith;

Kunal Dora, Representative Scott Hochberg; Farsam Farschtschian, Senator Ellis;

Maria Vittoria G. Carminati Garbino, Representative Allan Ritter; Veronica Garza,

Senator Leticia VanideiPutte; Marc Antonio Gonzalez, Senator Robert Duncan; Blair

Kasi Haley, Representative Senfronia Thompson; and

WHEREAS, Interns also include Chesley Hamm, Representative Jim

McReynolds; Shannon Harris, Representative Garnet Coleman; Erica Hunter, TexasMonthly magazine; Keitha Johnson, Representative David Farabee; Dian King,

Representative Lon Burnam; Shareen Larmond, Senator John Whitmire; Michele

Leal, Representative Jessica Farrar; Robert Loving, Representative Eddie Rodriguez;

LaTosha McGill, Representative Jim Dunnam; and

WHEREAS, Also, Andrea Medley, Representative Yvonne Davis; Paul Molina,

Representative Glenn Lewis; Gustavo Luis Santos e Nascimento, Senator Ellis;

Christopher B. Payne, Representative Jaime Capelo; Danielle Perry, Representative

Joe E. Moreno; Van Pham, Government Organization Committee; Shunn D. Rector,

Representative Ruth Jones McClendon; Ender Reed, Representative Dawnna Dukes;

Lloyd Joshua Sams, Representative Vicki Truitt; Samrawit Sium, Representative Joe

Deshotel; and Nathaniel Walker, Representative Vilma Luna; and

WHEREAS, These exemplary and talented young people have made significant

contributions to the offices in which they have worked and to the State of Texas; now,

therefore, be it

RESOLVED, That the Senate of the State of Texas, 78th Legislature, hereby

commend the participants in the 2003 Texas Legislative Internship Program and

extend to each of them best wishes for the future; and, be it further

RESOLVED, That a copy of this Resolution be prepared for them as an

expression of high regard from the Texas Senate.

The resolution was read and was adopted without objection.

GUESTS PRESENTED

Senator Ellis was recognized and introduced to the Senate participants in the

2003 Texas Legislative Internship Program.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator Nelson was recognized and introduced to the Senate a group of students

from Justin Elementary School in Justin, winners of the Planetary Explorers Design

Challenge international competition.


2404 78th Legislature — Regular Session 78th Day

MESSAGES FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

May 26, 2003

The Honorable President of the Senate

Senate Chamber

Austin, Texas

Mr. President:

I am directed by the House to inform the Senate that the House has taken the

following action:

THE HOUSE HAS PASSED THE FOLLOWING MEASURES:

HCR 206, Directing the TCEQ to implement changes adopted by EPA in 2002

relating to the review of sources of air contaminants.

HCR 260, Honoring Martha L. Long on the occasion of her retirement from the

McCamey Independent School District.

HCR 262, Honoring Bob and Betty Stewart of Bedford on their 50th wedding

anniversary.

SB 14, Relating to the regulation of residential property and commercial and personal

automobile insurance; providing a criminal penalty.

(Committee Substitute/Amended)

SB 127, Relating to the handling, settling, and use of certain claims in the insurance

business; providing penalties.


SB 196, Relating to a challenge of a voter ’s registration.

SB 282, Relating to the continuation and functions of the Texas State Board of

Plumbing Examiners; providing penalties.


SB 361, Relating to the precedence of certain municipal highway access rules and

ordinances over highway access management orders of the Texas Transportation

Commission.

(Amended)

SB 482, Relating to certain benefits provided to the survivors of public employees and

chaplains killed in the line of duty.


SB 514, Relating to restricting the use of designated lanes of certain highways.

Monday, May 26, 2003 SENATE JOURNAL 2405

SB 591, Relating to the structure and functions of the Texas Council on Offenderswith Mental Impairments and to reassigning the duties of the council to the AdvisoryCommittee to the Texas Board of Criminal Justice on Offenders with Medical orMental Impairments and the Texas Correctional Office on Offenders with Medical orMental Impairments.(Committee Substitute/Amended)

SB 597, Relating to the regulation of certain companies that provide for-profit legalservice contracts; providing penalties.(Amended)

SB 691, Relating to reimbursement for telemedicine medical services under theMedicaid program and other government-funded programs.

SB 854, Relating to the sale, distribution, or importation of noxious plants; providinga criminal penalty.

SB 876, Relating to commissions on certain negotiated bond sales.(Amended)

SB 1047, Relating to protecting state and local officers from certain consequencesbased on their legislative actions.(Committee Substitute/Amended)

SB 1261, Relating to notice of proposed construction and the marking and location ofcertain wireless communication facilities.(Committee Substitute)

SB 1389, Relating to livestock branding and identification.(Committee Substitute/Amended)

SB 1445, Relating to electronically readable information on a driver ’s license,commercial driver ’s license, or personal identification certificate; providing a penalty.SJR 19, Proposing a constitutional amendment to permit a current or retired facultymember of a public college or university to receive compensation for service on thegoverning body of a water district.(Committee Substitute/Amended)

SJR 30, Proposing a constitutional amendment relating to the provision of parks andrecreational facilities by certain conservation and reclamation districts.(Amended)

SJR 42, Proposing a constitutional amendment authorizing a home equity line ofcredit, providing for administrative interpretation of home equity lending law, andotherwise relating to the making, refinancing, repayment, and enforcement of homeequity loans.(Amended)

SJR 45, Proposing a constitutional amendment to repeal the authority of thelegislature to provide for the creation of rural fire prevention districts.(Amended)


THE HOUSE HAS CONCURRED IN SENATE AMENDMENTS TO THEFOLLOWING MEASURES:

HB 156 (House concurs by a vote of 133 yeas, 0 nays, 2 pnv)HB 623 (non-record vote)HB 1208 (House concurs by a vote of 132 yeas, 0 nays, 2 pnv)HB 2905 (House concurs by a vote of 126 yeas, 0 nays, 1 pnv)HB 3028 (House concurs by a vote of 114 yeas, 0 nays, 3 pnv)HB 3555 (House concurs by a vote of 131 yeas, 0 nays, 1 pnv)HJR 59 (House concurs by a vote of 124 yeas, 3 nays, 1 pnv)HJR 62 (House concurs by a vote of 120 yeas, 5 nays, 1 pnv)

THE HOUSE HAS REFUSED TO CONCUR IN SENATE AMENDMENTS TOTHE FOLLOWING MEASURES AND REQUESTS THE APPOINTMENT OF ACONFERENCE COMMITTEE TO ADJUST THE DIFFERENCES BETWEENTHE TWO HOUSES:

HB 1165House Conferees:iSolomons - Chair/Elkins/Keffer, Bill/Kolkhorst/Lewis/

HB 1454House Conferees:iEiland - Chair/Casteel/Griggs/McCall/Thompson/

HB 1883House Conferees:iBaxter - Chair/Gattis/Keel/Krusee/Pickett/

THE HOUSE HAS GRANTED THE REQUEST OF THE SENATE FOR THEAPPOINTMENT OF A CONFERENCE COMMITTEE ON THE FOLLOWINGMEASURES:

SB 280House Conferees: Solomons - Chair/Chavez/Keffer, Jim/Phillips/Woolley/

THE HOUSE HAS ADOPTED THE FOLLOWING CONFERENCE COMMITTEEREPORTS:

SB 521 (House adopts ccr by a vote of 138 yeas, 0 nays, 2 pnv)


HCR 58, Urging congress to enact legislation to pass federal funds on to states viablock grants for public welfare and Medicaid purposes.

SB 45, Relating to the operation of a motor vehicle while intoxicated with a childpassenger in the vehicle; providing a penalty.(Committee Substitute)

SB 144, Relating to the requirement that certain information be provided to healthcare practitioners regarding the use and abuse of certain drugs.(Committee Substitute/Amended)

SB 147, Relating to the adoption by state agencies of risk management plans and riskcontrol strategies.(Amended)


SB 160, Relating to education relating to human organ donation.(Amended)

SB 162, Relating to sanctions imposed against certain facilities by the TexasDepartment of Health.(Amended)

SB 193, Relating to vehicles passing certain stationary emergency vehicles on ahighway; providing a penalty.(Committee Substitute)

SB 211, Relating to the licensing and regulation of chiropractors.(Amended)

SB 264, Relating to the continuation and functions of the Texas Department ofHousing and Community Affairs.(Committee Substitute/Amended)

SB 284, Relating to the continuation and functions of the Texas State AffordableHousing Corporation.(Committee Substitute/Amended)

SB 333, Relating to a chemical dependency counselor or counselor intern.

SB 401, Relating to testing certain public safety personnel for accidental exposure tohepatitis B or hepatitis C.

SB 443, Relating to access to criminal history record information concerningvolunteers with certain programs providing activities to children.

SB 473, Relating to assisting consumers to prevent and detect identity theft; providingpenalties.(Committee Substitute/Amended)

SB 478, Relating to disqualification for eligibility for workers ’compensation benefitsof certain persons who perform services that benefit a political subdivision.

SB 529, Relating to temporarily exempting emergency medical services personnelwho serve a rural area of the state from certain legal requirements.

SB 530, Relating to performance measures for regional advisory councils in traumaservice areas.

SB 541, Relating to authorizing insurers and health maintenance organizations toissue plans that do not include state-mandated health benefits.(Amended)

SB 566, Relating to the duties of law enforcement regarding the misuse of a person ’sidentity and to the person ’s right to expunction of identifying information contained incertain records and files.

SB 585, Relating to providing money to pay for the remediation, cleanup, and closureof unpermitted solid waste facilities.(Amended)


SB 610, Relating to grants for federally qualified health centers.(Amended)

SB 616, Relating to the composition of the Drug Demand Reduction AdvisoryCommittee.

SB 624, Relating to the provision of parks and recreational facilities by certainconservation and reclamation districts; authorizing the issuance of bonds on voterapproval.(Amended)

SB 631, Relating to the suspension of sentence and the deferral of adjudication incases involving certain misdemeanor traffic offenses.(Committee Substitute/Amended)

SB 658, Relating to making permanent the exemption from ad valorem taxation ofmotor vehicles leased for personal use.

SB 669, Relating to the investigation of certain reports of child abuse or neglect.(Amended)

SB 759, Relating to certain pesticide application by persons engaged in pest controlwork for a political subdivision.(Committee Substitute)

SB 801, Relating to the powers and duties of peace officers commissioned by certainhospital districts.

SB 803, Relating to the advertisement and promotion of certain compounded drugproducts by a pharmacy or pharmacist.

SB 826, Relating to reporting the deaths of certain individuals; providing a criminalpenalty.(Amended)

SB 833, Relating to the application of the Charitable Immunity and Liability Act of1987 to alumni associations and on-campus organizations.(Amended)

SB 840, Relating to the authority of peace officers to make certain arrests outside oftheir jurisdictions.(Committee Substitute)

SB 853, Relating to the disclosure of certain information by persons offering to aidhomeowners in obtaining property tax refunds.

SB 900, Relating to computation and reporting of the ratios of a school district ’sexpenditures and personnel relating to direct student instruction.(Amended)

SB 930, Relating to the liability of school employees.(Amended)

SB 939, Relating to the ratio of pharmacists to pharmacy technicians in certainpharmacies.


SB 976, Relating to high school completion and the creation of a middle collegeeducation pilot program.(Committee Substitute/Amended)

SB 1015, Relating to the confidentiality of certain information submitted for purposesof a crime victim impact statement.(Amended)

SB 1017, Relating to the ability of a county to sue and be sued.(Committee Substitute/Amended)

SB 1059, Relating to corporate and business ethics and integrity.(Committee Substitute)

SB 1067, Relating to home equity lending and high-cost home loans.

SB 1074, Relating to reports and investigations of abuse and neglect in nursingfacilities.(Committee Substitute)

SB 1182, Relating to local area service planning by local mental health or mentalretardation authorities.(Amended)

SB 1212, Relating to participation by the attorney general ’s consumer protectiondivision and the award of civil penalties in an action under the Deceptive TradePractices-Consumer Protection Act.(Committee Substitute)

SB 1226, Relating to the allocation of kidneys available for transplant in this state.

SB 1272, Relating to the permitting process for the construction of certain concreteplants.(Amended)

SB 1295, Relating to providing financial assistance to defense communities.(Amended)

SB 1394, Relating to employment contract requirements for certain public schoolprincipals.(Amended)

SB 1413, Relating to certain powers and duties of the Department of Agriculture andother entities engaged in agricultural activities.(Amended)

SB 1452, Relating to an offense for certain communications between an appraisalreview board member and a chief appraiser or appraisal district employee concerninga matter related to an ad valorem tax protest.

SB 1517, Relating to authority of security personnel at commercial nuclear powerplants.

SB 1567, Relating to the Texas Peace Officers ’Memorial in the Capitol Complex.(Amended)


SB 1601, Relating to unclaimed funds in class actions.

SB 1646, Relating to the ad valorem tax appraisal of qualified timberland.

SB 1744, Relating to a fee for preserving vital statistics records.

SB 1833, Relating to the use of electronic means for certain interactions betweentaxpayers and appraisal districts, taxing units, or other tax officials.

SB 1896, Relating to the authority of a peace officer to make a warrantless arrestwhen a person confesses to committing a felony.

SB 1934, Relating to the territory and the governing body of the Port of CorpusChristi Authority of Nueces County, Texas.

SCR 53, Designating May 24, 2003, as Aviation Maintenance Technician Day inhonor of Charles Edward Taylor.


HB 2533 (non-record vote)


HB 2415House Conferees:iHopson - Chair/Flynn/Keffer, Jim/Solomons/Wise/

THE HOUSE HAS GRANTED THE REQUEST OF THE SENATE FOR THEAPPOINTMENT OF A CONFERENCE COMMITTEE ON THE FOLLOWINGMEASURES:

SB 283House Conferees: Chisum - Chair/Driver/Eissler/Guillen/Hamilton/

SB 894House Conferees: Grusendorf - Chair/Branch/Dutton/Eissler/Madden/

Respectfully,

/s/Robert Haney, Chief ClerkHouse of Representatives


Senator Barrientos offered the following resolution:

WHEREAS, The Senate of the State of Texas is pleased to recognize SergeantArmando J. Ybarra for his courageous military service to his country; and

WHEREAS, Armando Ybarra enlisted in the United States Marine Corps in1973 and saw service in Vietnam in 1975; and

WHEREAS, Some years later, Sergeant Ybarra was stationed at Camp Lejeune,North Carolina, with the 1st Battalion, 8th Marines; in May of 1983, his unit wasdeployed to Beirut, Lebanon, to provide peacekeeping support in the conflict betweenthe Moslems and Christians; and


WHEREAS, The American soldiers, along with the French and Italian armedforces, initially provided a measure of stability to the country; and

WHEREAS, After diplomatic efforts failed to bring the two sides to a permanentpeaceful accord, the Marines became the target of anti-American feelings; onOctoberi23, 1983, the building that housed the Marines was destroyed by a terroristdriven truck laden with compressed gas-enhanced explosives; and

WHEREAS, Due to the explosion and collapse of the building, 220 Marinestragically lost their lives; Sergeant Ybarra was critically injured in the explosion, andhe was awarded the Purple Heart; and

WHEREAS, Due to the severity of his injuries, Sergeant Ybarra ’s military careerwas cut short, and he retired in 1985 after 12 years of loyal service; and

WHEREAS, To honor the brave Marines who gave their lives in the service oftheir country, Sergeant Ybarra will attend the Beirut Memorial Service at CampLejeune on October 23, 2003, exactly 20 years after the tragedy occurred; and

WHEREAS, Sergeant Ybarra proudly and courageously served his country, andhe indeed deserves legislative recognition for the many sacrifices he and his familyhave made for our nation; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 78th Legislature, hereby paytribute to Sergeant Armando J. Ybarra and extend to him heartfelt gratitude for hisoutstanding service on behalf of his country; and, be it further

RESOLVED, That a copy of this Resolution be prepared for him as anexpression of esteem from the Texas Senate.

The resolution was again read.

The resolution was previously adopted on Monday, May 19, 2003.

GUESTS PRESENTED

Senator Barrientos was recognized and introduced to the Senate SergeantArmando Ybarra; his wife, Denise; and daughter, Ashley; accompanied by othermembers of the family.


CONCLUSION OF MORNING CALL

The Presiding Officer, Senator Lucio in Chair, at 11:35 a.m. announced theconclusion of morning call.

SENATE CONCURRENT RESOLUTION 57

The Presiding Officer laid before the Senate the following resolution:

SCR 57, In memory of Stanley Allen Wiley of Amarillo.

BIVINS

The resolution was read.

Senator Armbrister, on behalf of Senator Bivins, was recognized and introducedto the Senate family members of Stanley Wiley: his sisters, Catherine Nall andMargaret Robertson; his nieces, Melinda Robertson and Rachel Nall; and his nephew,David Nall.

The Senate welcomed its guests and extended its sympathy.


On motion of Senator Armbrister, on behalf of Senator Bivins, the resolution was

considered immediately and was adopted by a rising vote of the Senate.

In honor of the memory of Stanley Allen Wiley of Amarillo, the text of SCR 57

is printed at the end of today ’s Senate Journal.HOUSE BILL 21 ON SECOND READING

Senator Nelson moved to suspend the regular order of business to take up for

consideration HBi21 at this time on its second reading:

HB 21, Relating to admission to and discharge from facilities for voluntary

inpatient mental health services for persons younger than 18 years of age.

The motion prevailed by a viva voce vote.

The bill was read second time and was passed to third reading by a viva voce

vote.

HOUSE BILL 21 ON THIRD READING

Senator Nelson moved that Senate Rule 7.18 and the Constitutional Rule

requiring bills to be read on three several days be suspended and that HBi21 be placed

on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi29, Naysi2.

Yeas:iiArmbrister, Averitt, Barrientos, Bivins, Brimer, Carona, Deuell, Duncan,

Ellis, Estes, Fraser, Harris, Hinojosa, Jackson, Janek, Lindsay, Lucio, Madla, Nelson,

Ogden, Ratliff, Shapiro, Shapleigh, Staples, VanideiPutte, Wentworth, West,

Whitmire, Williams.

Nays:iiGallegos, Zaffirini.

The bill was read third time and was passed by the following vote:iiYeasi29,

Naysi2. (Same as previous roll call)

HOUSE RESOLUTION ON FIRST READING

The following resolution received from the House was read first time and

referred to the committee indicated:

HCR 206 to Committee on Natural Resources.

COMMITTEEiiSUBSTITUTE

HOUSE BILL 54 ON SECOND READING

Senator Shapiro moved to suspend the regular order of business to take up for

consideration CSHBi54 at this time on its second reading:

CSHB 54, Relating to certain early voting by mail procedures and to the

prevention of voting fraud generally; providing criminal penalties.



vote.




Senator Shapiro moved that Senate Rule 7.18 and the Constitutional Rule

requiring bills to be read on three several days be suspended and that CSHBi54 be

placed on its third reading and final passage.


Yeas:iiArmbrister, Averitt, Barrientos, Bivins, Brimer, Carona, Deuell, Duncan,

Ellis, Estes, Fraser, Harris, Hinojosa, Jackson, Janek, Lindsay, Madla, Nelson, Ogden,

Ratliff, Shapiro, Shapleigh, Staples, VanideiPutte, Wentworth, Whitmire, Williams.

Nays:iiGallegos, Lucio, West, Zaffirini.

The bill was read third time and was passed by a viva voce vote.

RECORD OF VOTES

Senators Barrientos, Gallegos, Lucio, West, and Zaffirini asked to be recorded as

voting "Nay" on the final passage of CSHBi54.



Senator Lindsay moved to suspend the regular order of business to take up for


CSHB 1387, Relating to the regulation of on-premise signs in certain counties.


The bill was read second time.

Senator Lindsay offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSHB 1387 by inserting the following after "permit" (page 1, line 16):

provided the following are met:

(1)iiThe auditor for the county shall review the program every two years to

ensure that the fees being charged do not exceed the cost of the program, and;

(2)iiThe county refunds to the permit holders any revenue determined by the

auditor to exceed the cost of the program.

The floor amendment was read and was adopted without objection.

On motion of Senator Lindsay and by unanimous consent, the caption was

amended to conform to the body of the bill as amended.

CSHB 1387 as amended was passed to third reading by a viva voce vote.




Senator Lindsay moved that Senate Rule 7.18 and the Constitutional Rule






Senator Averitt moved to suspend the regular order of business to take up for

consideration HBi1699 at this time on its second reading:

HB 1699, Relating to the liability of certain highway, road, and street

contractors.



vote.


Senator Averitt moved that Senate Rule 7.18 and the Constitutional Rule

requiring bills to be read on three several days be suspended and that HBi1699 be




Naysi0.



Senator Brimer moved to suspend the regular order of business to take up for


CSHB 2185, Relating to the issuance of a certificate of death by catastrophe.



vote.



Senator Brimer moved that Senate Rule 7.18 and the Constitutional Rule







Senator Deuell moved to suspend the regular order of business to take up forconsideration HBi2622 at this time on its second reading:

HB 2622, Relating to certain governmental agency and private entity access toand use of criminal history record information maintained by the Department ofPublic Safety.



Senator Wentworth offered the following amendment to the bill:


Amend HB 2622 by adding the following section, appropriately numbered, andrenumbering subsequent sections appropriately:

SECTION ____.iiSubchapter F, Chapter 411, Government Code, is amended byadding Section 411.1401 to read as follows:

Sec. 411.1401. i iACCESS TO CRIMINAL HISTORY RECORDINFORMATION: PROGRAMS PROVIDING ACTIVITIES FOR CHILDREN. (a)In this section, "activity provider" means a nonprofit program that includes asparticipants or recipients persons who are younger than 17 years of age and thatregularly provides athletic, civic, or cultural activities.

(b)iiAn activity provider is entitled to obtain from the department criminalhistory record information maintained by the department that relates to a person whois a volunteer or a volunteer applicant of the activity provider.

(c)iiThe department may establish rules governing the administration of thissection.

(d)iiAn activity provider may use criminal history record information obtainedunder this section only to determine the suitability of a person for a position as avolunteer and may not keep or retain criminal history record information obtainedunder this section in any file. Criminal history record information must be destroyedpromptly after a determination of suitability is made.

(e)iiCriminal history record information obtained under this section may not bereleased or disclosed to any person except in a criminal proceeding, on court order, orwith the consent of the person who is the subject of the criminal history recordinformation.

(f)iiAn employee, officer, or volunteer of an activity provider is not liable in acivil action for damages resulting from a failure to comply with this section unless theact or omission of the employee, officer, or volunteer was intentional, wilfully orwantonly negligent, or done with conscious indifference or reckless disregard for thesafety of others.


On motion of Senator Deuell and by unanimous consent, the caption wasamended to conform to the body of the bill as amended.

HB 2622 as amended was passed to third reading by a viva voce vote.



Senator Deuell moved that Senate Rule 7.18 and the Constitutional Rule





SENATE BILL 1526 WITH HOUSE AMENDMENT

Senator Brimer called SBi1526 from the President ’s table for consideration of theHouse amendment to the bill.

The Presiding Officer, Senator Lucio in Chair, laid the bill and the House

amendment before the Senate.

Committee Amendment No. 1

SB 1526, Senate engrossment, is amended as follows:

On page 1, line 10, after "other", insert "application".

The amendment was read.

Senator Brimer moved to concur in the House amendment to SBi1526.



Senator Williams called SBi745 from the President ’s table for consideration of

the House amendment to the bill.

The Presiding Officer laid the bill and the House amendment before the Senate.


Amend SBi745 as follows:

(1)iiOn page 5, line 15, insert new language as follows:iiChapters 49 and 54,

(2)iiOn page 5, line 18, insert a new Section 12 as follows:

"SECTION 12. UTILITIES. The district may not impose an impact fee or

assessment on the property, equipment, rights of way, facilities or improvements of an

electric utility as defined by Section 31.002, Utilities Code, a gas utility as defined by

Section 101.003 or 121.001, Utilities Code, a telecommunications provider as defined

by Section 51.002, Utilities Code, or a cable operator as defined by 47 U.S.C. Section

522, as amended."

(3)iiRenumber sections accordingly.ii


Senator Williams moved to concur in the House amendment to SBi745.



SENATE BILL 1429 WITH HOUSE AMENDMENTS

Senator Averitt called SBi1429 from the President ’s table for consideration of theHouse amendments to the bill.

The Presiding Officer laid the bill and the House amendments before the Senate.

Amendment

Amend SB 1429 by substituting in lieu thereof the following:

A BILLTO BE ENTITLED

AN ACT

relating to certain agreements offered in connection with a loan.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTIONi1.iiSection 342.308, Finance Code, is amended by adding Subsection

(d) to read as follows:

(d)iiCosts that conform to Section 342.4021(a) may be added to the loan

contract.

SECTIONi2.iiSubchapter I, Chapter 342, Finance Code, is amended by adding

Section 342.4021 to read as follows:

Sec.i342.4021.iiAGREEMENTS REGARDING DEBT SUSPENSION, DEBT

CANCELLATION, GAP WAIVER, AND MOTOR VEHICLE SERVICE. (a) In

connection with a loan made under this chapter that is subject to Section 342.201(d)

or 342.301(c), a lender may offer to the borrower a debt suspension agreement or debt

cancellation agreement under similar terms and conditions as such an agreement may

be offered by a bank or savings association.

(b)iiIn connection with a loan made under this chapter that is subject to Section

342.201(d) and that is secured by a motor vehicle, a lender may offer to the borrower

at the time the loan is made a gap waiver agreement, a service contract, or both.

(c)iiA lender may not require that a borrower accept or provide an agreement or

contract under Subsection (a) or (b).

(d)iiIn addition to other disclosures required by state or federal law and before

offering an agreement or contract authorized by this section, the lender shall provide

to the borrower a notice separate from the loan documents stating that the borrower is

not required to accept or provide the agreement or contract to obtain the loan.

SECTIONi3.iiSection 342.411, Finance Code, is amended to read as follows:

Sec.i342.411.iiINSURANCE OR OTHER GAIN NOT INTEREST. Any gain or

advantage to the lender or the lender ’s employee, officer, director, agent, general

agent, affiliate, or associate from insurance or from another agreement or contract

permitted under this subchapter or the provision or sale of insurance or another

agreement or contract permitted under this subchapter is not additional interest or an

additional charge in connection with a loan made under this chapter except as

specifically provided by this chapter.

SECTIONi4.iiThis Act takes effect immediately if it receives a vote of two-thirds

of all the members elected to each house, as provided by Section 39, Article III, Texas

Constitution. If this Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2003.



Amend CSSB 1429 as follows:(1)iiIn SECTION 2 of the bill, in added Section 342.4021, Finance Code (House

committee printing page 1, line 11), between "CANCELLATION," and "GAP", insert"AND".

(2)iiIn SECTION 2 of the bill, in added Section 342.4021, Finance Code (Housecommittee printing page 1, line 11), strike ", AND MOTORVEHICLE SERVICE".

(3)iiIn SECTION 2 of the bill, in added Section 342.4021(b), Finance Code(House committee printing page 1, line 20), strike ", a service contract, or both".

(4)iiIn SECTION 2 of the bill, at the end of added Section 342.4021, FinanceCode (House committee printing page 2, between lines 4 and 5), insert:

(e)iiThe amount charged for a product authorized by Subsection (a) or (b) mustbe reasonable.

The amendments were read.

Senator Averitt moved to concur in the House amendments to SBi1429.



Senator Estes moved to suspend the regular order of business to take up forconsideration HBi2529 at this time on its second reading:

HB 2529, Relating to providing a grace period for enforcement actions against asmall water supply, sewer, wastewater treatment, or solid waste disposal service beingintegrated into a regional service.



Senator Estes offered the following amendment to the bill:


Amend HB 2529 (Senate committee printing) as follows:(1)iiIn SECTION 1 of the bill, in added Section 7.0026, Water Code (page 1,

lines 19-27), beginning with "the commission may not", strike the remainder of theadded language and substitute "the commission may enter into a complianceagreement with the regional service under which the commission will not initiate anenforcement action against the regional service for existing or anticipated violationsresulting from the operation by the regional service of the service being integrated. Acompliance agreement under this section must include provisions necessary to bringthe service being integrated into compliance."

(2)iiIn SECTION 2 of the bill (page 1, line 28), strike "(a)".(3)iiIn SECTION 2 of the bill (page 1, lines 33-42), strike Subsection (b).


On motion of Senator Estes and by unanimous consent, the caption was amendedto conform to the body of the bill as amended.




Senator Estes moved that Senate Rule 7.18 and the Constitutional Rule requiringbills to be read on three several days be suspended and that HBi2529 be placed on itsthird reading and final passage.


The bill was read third time and was passed by the following vote:iiYeasi31,Naysi0.

CONFERENCE COMMITTEE ON HOUSE BILL 638

Senator Armbrister called from the President ’s table, for consideration at thistime, the request of the House for a conference committee to adjust the differencesbetween the two Houses on HBi638 and moved that the request be granted.

The motion prevailed without objection.

The Presiding Officer asked if there were any motions to instruct the conferencecommittee on HBi638 before appointment.

There were no motions offered.

Accordingly, the Presiding Officer announced the appointment of the followingconferees on the part of the Senate on the bill:iiSenators Armbrister, Chair; Harris,Jackson, Ogden, and Averitt.


Senator Deuell called SBi407 from the President ’s table for consideration of theHouse amendment to the bill.

The Presiding Officer laid the bill and the House amendment before the Senate.

Amendment

Amend SB 407 by substituting in lieu thereof the following:

A BILLTO BE ENTITLEDAN ACT

relating to the liability of a governmental unit in the absence of a contract for fire oremergency services.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:SECTIONi1.iiThe section heading of Section 791.006, Government Code, is

amended to read as follows:Sec.i791.006.iiLIABILITY IN CONTRACT OR ABSENCE OF [FIRE

PROTECTION] CONTRACT FOR [OR] PROVISION OF FIRE, EMERGENCY,OR LAW ENFORCEMENT SERVICES.

SECTIONi2.iiSection 791.006, Government Code, is amended by amendingSubsection (a) and adding Subsections (d) and (e) to read as follows:

(a)iiIf governmental units contract under this chapter to furnish or obtain fire oremergency [the] services, [of a fire department, the governmental unit that would havebeen responsible for furnishing the services in the absence of the contract] they maydetermine by contract which party is responsible for any civil liability that arises fromthe furnishing of those services. In the absence of a contract addressing liability, if a


governmental unit furnishes fire or emergency services to another governmental unit,the governmental unit that requests and obtains the services is responsible for anycivil liability that arises from the furnishing of those services.

(d)iiNothing in this section affects the employer-employee relationship or theterms or conditions of employment between a governmental unit and its employees,such as the payment of wages or provision of benefits, including workercompensation.

(e)iiNothing in this section affects a school district.SECTIONi3.ii(a) The change in law made by this Act to Section 791.006,

Government Code, does not affect any civil liability for services furnished under aninterlocal cooperation contract to furnish or obtain the services of a fire departmententered into before the effective date of this Act.

(b)iiThe former law is continued in effect for the purpose of determining liability,if any, for services furnished under an interlocal cooperation contract to furnish orobtain the services of a fire department entered into before the effective date of thisAct.

SECTIONi4.iiThis Act takes effect immediately if it receives a vote of two-thirdsof all the members elected to each house, as provided by Section 39, Article III, TexasConstitution. If this Act does not receive the vote necessary for immediate effect, thisAct takes effect Septemberi1, 2003.


Senator Deuell moved to concur in the House amendment to SBi407.



Senator Estes moved to suspend the regular order of business to take up forconsideration HBi1619 at this time on its second reading:

HB 1619, Relating to tuition payments by certain school districts.


The bill was read second time and was passed to third reading by a viva vocevote.


Senator Estes moved that Senate Rule 7.18 and the Constitutional Rule requiringbills to be read on three several days be suspended and that HBi1619 be placed on itsthird reading and final passage.


Nays:iiLucio.


RECORD OF VOTE

Senator Lucio asked to be recorded as voting "Nay" on the final passage ofHBi1619.


(Senator Armbrister in Chair)


Senator Hinojosa offered the following resolution:

WHEREAS, Casey Hedemann has been named grand prize winner in the IntelMath, Science, Engineering, and Technology (IMSET) category of the comptroller ’s2003 Texas Tomorrow Fund Poster Contest; and

WHEREAS, Sponsored by Blue Cross/Blue Shield, Belo Corporation, FarmersInsurance Group, Intel Corporation, and Fannie Mae, the competition ’s guidelinesrequired participants to illustrate the theme "What I Want to Be After College"; theannual contest is composed of three categories: elementary school, middle school, andIMSET, which is open to any contestant whose drawing depicts a career in a technicalor scientific field; and

WHEREAS, A fifth grader at Olsen Elementary School in Port Aransas,MissiHedemann ’s design was selected from thousands of entries submitted bychildren across the state, and for her efforts she received a full four-year scholarship toany public university in the Lone Star State; and

WHEREAS, This outstanding young Texan has shown great creativity, initiative,and maturity in creating a poster that so aptly illustrates the contest ’s worthy goals;now, therefore, be it

RESOLVED, That the Senate of the 78th Texas Legislature hereby congratulateCasey Hedemann on her receipt of the grand prize ranking in the IMSET category ofthe 2003 Texas Tomorrow Fund Poster Contest and extend to her warmest best wishesfor success and happiness in the future; and, be it further

RESOLVED, That an official copy of this resolution be prepared forMissiHedemann as an expression of high regard by the Texas Senate.



Senator Janek offered the following resolution:

WHEREAS, The Senate of the State of Texas is pleased to recognize Nova Hou,who is the grand prize winner in the elementary school category of the 2003 TexasTomorrow Fund Poster Contest; and

WHEREAS, Sponsored by Intel Corporation, Farmers Insurance Group, BeloCorporation, and Blue Cross and Blue Shield of Texas, the college scholarship contestwas open to elementary and middle school students across the state; students wereinvited to submit a poster depicting "What I Want to Be After College"; and

WHEREAS, Nova is in the fourth grade at Lexington Creek Elementary Schoolin Missouri City; for her award-winning entry, she depicted her dream career inwildlife conservation; and

WHEREAS, For winning the grand prize in a contest that drew thousands ofentries, Nova received a four-year Texas Guaranteed Tuition Plan scholarship that willcover tuition and required fees whenever she is ready to enroll in college; and

WHEREAS, Through her achievement, Nova has brought great credit to herself,her family, and her school, and she deserves to be proud of her exceptionalaccomplishment; now, therefore, be it


RESOLVED, That the Senate of the State of Texas, 78th Legislature, herebycongratulate Nova Hou for winning the grand prize in the elementary school categoryof the Texas Tomorrow Fund Poster Contest and extend best wishes to her for thefuture; and, be it further

RESOLVED, That a copy of this Resolution be prepared for her as an expressionof esteem from the Texas Senate.


On motion of Senators Hinojosa and Janek, SRi894 and SRi966 were adoptedwithout objection.

GUESTS PRESENTED

Senator Hinojosa was recognized and introduced to the Senate Casey Hedemann,the grand prize winner in the Intel Math, Science, Engineering, and Technologycategory of the 2003 Texas Tomorrow Fund Poster Contest, accompanied by herparents and the runners-up in the contest.

Senator Janek was recognized and introduced Nova Hou, the grand prize winnerin the elementary school category of the 2003 Texas Tomorrow Fund Poster Contest,accompanied by her parents and the runners-up in the contest.


CONFERENCE COMMITTEE REPORT ON

SENATE BILL 521 ADOPTED

Senator Staples called from the President ’s table the Conference CommitteeReport on SBi521. The Conference Committee Report was filed with the Senate onThursday, Mayi22, 2003.

On motion of Senator Staples, the Conference Committee Report was adopted by

the following vote:iiYeasi31, Naysi0.


On motion of Senator Jackson and by unanimous consent, the regular order ofbusiness was suspended to take up for consideration HBi724 at this time on its secondreading:

HB 724, Relating to civil liability of alcoholic beverage providers for providing

alcoholic beverages to certain individuals.



Senator Jackson moved that Senate Rule 7.18 and the Constitutional Rulerequiring bills to be read on three several days be suspended and that HBi724 be





MESSAGE FROM THE HOUSE

HOUSE CHAMBERAustin, TexasMay 26, 2003

The Honorable President of the SenateSenate ChamberAustin, Texas

Mr. President:

I am directed by the House to inform the Senate that the House has taken thefollowing action:


SB 161, Relating to the regulation and enforcement of certain licensing programs bythe Texas Department of Health; providing administrative, civil, and criminalpenalties.(Amended)


HB 529 (non-record vote)HB 725 (non-record vote)HB 864 (non-record vote)HB 917 (House concurs by a vote of 139 yeas, 0 nays, 2 pnv)HB 1446 (non-record vote)HB 1459 (non-record vote)HB 1723 (non-record vote)HB 2130 (House concurs by a vote of 79 yeas, 51 nays, 2 pnv)HB 2169 (House concurs by a vote of 138 yeas, 1 nay, 2 pnv)HB 2295 (House concurs by a vote of 138 yeas, 1 nay, 0 pnv)HB 2470 (House concurs by a vote of 139 yeas, 0 nays, 2 pnv)HB 3152 (non-record vote)HB 3242 (non-record vote)HJR 23 (House concurs by a vote of 135 yeas, 0 nays, 3 pnv)


HB 320House Conferees:iGrusendorf - Chair/Brown, Betty/Dutton/Howard/Hupp/

HB 411House Conferees:iGrusendorf - Chair/Deshotel/Dutton/Eissler/Madden/

HB 547House Conferees:iWohlgemuth - Chair/Brown, Betty/Denny/Hochberg/Stick/


HB 3184

House Conferees:iHill - Chair/Garza/Hamric/Harper-Brown/Krusee/

THE HOUSE HAS ADOPTED THE FOLLOWING CONFERENCE COMMITTEE

REPORTS:

SB 718 (House adopts ccr by a vote of 139 yeas, 0 nays, 2 pnv)

Respectfully,

/s/Robert Haney, Chief Clerk

House of Representatives


On motion of Senator Jackson and by unanimous consent, the regular order of

business was suspended to take up for consideration HBi2518 at this time on its

second reading:

HB 2518, Relating to the kinds of contracts of the Brazoria County Conservation

and Reclamation District Number Three that are subject to competitive bidding.


vote.


Senator Jackson moved that Senate Rule 7.18 and the Constitutional Rule






On motion of Senator Jackson and by unanimous consent, the regular order of


second reading:

HB 3561, Relating to public works contracts of the Angleton-Danbury Hospital

District.


vote.


Senator Jackson moved that Senate Rule 7.18 and the Constitutional Rule





Naysi0.



On motion of Senator Averitt and by unanimous consent, the regular order ofbusiness was suspended to take up for consideration HBi2071 at this time on its

second reading:

HB 2071, Relating to variances granted by the Commission on Jail Standards.


Senator Lucio offered the following amendment to the bill:


Amend HB 2071 by adding a new SECTION 3 as follows and renumberingsubsequent SECTIONS accordingly:

SECTION 3. Section 511.013, Government Code is amended by striking the

entire Section and substituting the following:§511.013 Appeal of Order(a)iiA county commissioner or sheriff may seek review of an order issued under

Section 511.012(b) by making a written request to the executive director for acontested case hearing not later than the 30th day after the date of receipt of the order,

(b)iiProcedure and practice in a contested case hearing is governed by Chapter

2001, Government Code and the rules of the commission,(c)iiAfter the contested case hearing, judicial review of the final decision of the

commission is governed by Subchapter G, Chapter 2001, Government Code.


On motion of Senator Averitt and by unanimous consent, the caption wasamended to conform to the body of the bill as amended.




requiring bills to be read on three several days be suspended and that HBi2071 beplaced on its third reading and final passage.




On motion of Senator Averitt and by unanimous consent, the regular order ofbusiness was suspended to take up for consideration HBi1338 at this time on itssecond reading:

HB 1338, Relating to the amount of homeowners insurance or other residentialproperty insurance required in connection with certain financing arrangements.









Naysi0.



On motion of Senator Lucio and by unanimous consent, the regular order of

business was suspended to take up for consideration CSHBi2320 at this time on its

second reading:

CSHB 2320, Relating to administration by the Texas Department of Agriculture

of quarantined articles.


vote.



Senator Lucio moved that Senate Rule 7.18 and the Constitutional Rule requiring

bills to be read on three several days be suspended and that CSHBi2320 be placed on

its third reading and final passage.



Naysi0.


On motion of Senator Madla and by unanimous consent, the regular order of


second reading:

HB 2300, Relating to the regulation of certain water wells by the Jeff Davis

County Underground Water Conservation District.


vote.


Senator Madla moved that Senate Rule 7.18 and the Constitutional Rule







On motion of Senator Averitt and by unanimous consent, the regular order of


second reading:

HB 3605, Relating to the jurisdiction of a county court at law in Hood County.


vote.








On motion of Senator Madla and by unanimous consent, the regular order of


second reading:

HB 3517, Relating to certain correctional facilities that house only federal

prisoners.


vote.


Senator Madla moved that Senate Rule 7.18 and the Constitutional Rule






On motion of Senator VanideiPutte and by unanimous consent, the regular order

of business was suspended to take up for consideration HBi2540 at this time on its

second reading:

HB 2540, Relating to granting a defense base development authority the power

of eminent domain.



Senator VanideiPutte offered the following amendment to the bill:


Amend HB 2540 on page 1, line 15 as follows:

(a) An authority or an authority whose subject property is within the territorial

limits of a municipality may exercise the power of eminent domain to acquire

property in or adjacent to the base property only in the manner provided by Chapter

21, Property Code.

ZAFFIRINI

VANiDEiPUTTE


On motion of Senator VanideiPutte and by unanimous consent, the caption was




Senator VanideiPutte moved that Senate Rule 7.18 and the Constitutional Rule




Nays:iiEstes.





On motion of Senator Lindsay and by unanimous consent, the regular order of


second reading:

CSHB 335, Relating to the public sale of certain real property; providing

penalties.


vote.



Senator Lindsay moved that Senate Rule 7.18 and the Constitutional Rule







On motion of Senator Lindsay and by unanimous consent, the regular order ofbusiness was suspended to take up for consideration HBi1296 at this time on itssecond reading:

HB 1296, Relating to small business development programs of navigationdistricts and port authorities.



Senator Lindsay moved that Senate Rule 7.18 and the Constitutional Rulerequiring bills to be read on three several days be suspended and that HBi1296 beplaced on its third reading and final passage.


On motion of Senator Lindsay, further consideration of HBi1296 was postponed.

Question — Shall HBi1296 be read third time?

HOUSE JOINT RESOLUTION 68 ON SECOND READING

On motion of Senator Fraser and by unanimous consent, the regular order ofbusiness was suspended to take up for consideration HJRi68 at this time on its secondreading:

HJR 68, Proposing a constitutional amendment authorizing the Veterans ’LandBoard to make certain payments on revenue bonds and to use assets in certain funds toprovide for veterans homes.

The resolution was read second time.

Senator Fraser offered the following amendment to the resolution:


Amend HJRi68 by adding appropriately numbered SECTIONS to read asfollows, and renumbering remaining SECTIONS accordingly:

SECTIONi____.iiSection 5, Article VII, Texas Constitution, is amended to readas follows:

Sec.i5.ii(a)iiThe permanent school fund consists of all land appropriated forpublic schools by this constitution or the other laws of this state, other propertiesbelonging to the permanent school fund, and all revenue derived from the land orother properties. The available school fund consists of the distributions made to itfrom the total return on all investment assets of [principal of all bonds and otherfunds, and the principal arising from the sale of the lands hereinbefore set apart to saidschool fund, shall be] the permanent school fund, [and all the interest derivabletherefrom and] the taxes [herein] authorized by this constitution or general law to bepart of [and levied shall be] the available school fund, and appropriations made to theavailable school fund by the legislature. The total amount distributed from thepermanent school fund to the available school fund:


(1)iiin each year of a state fiscal biennium must be an amount that is not

more than six percent of the average of the market value of the permanent school

fund, excluding real property belonging to the fund that is managed, sold, or acquired

under Section 4 of this article, on the last day of each of the 16 state fiscal quarters

preceding the regular session of the legislature that begins before that state fiscal

biennium, in accordance with the rate adopted by:

(A)iia vote of two-thirds of the total membership of the State Board of

Education, taken before the regular session of the legislature convenes; or

(B)iithe legislature by general law or appropriation, if the State Board of

Education does not adopt a rate as provided by Paragraph (A) of this subdivision;

(2)iiover the ten-year period consisting of the current state fiscal year and the

nine preceding state fiscal years may not exceed the total return on all investment

assets of the permanent school fund over the same ten-year period; and

(3)iimay not exceed a portion of the total return on all investment assets of

the permanent school fund such that the portion of the total return retained in the

permanent school fund is sufficient, as determined by the comptroller of public

accounts, to preserve the purchasing power of the permanent school fund for the

current fiscal year and the next nine fiscal years.

(b)iiThe expenses of managing permanent school fund land and investments

shall be paid by appropriation from the permanent school fund.

(c)iiThe available school fund shall be applied annually to the support of the

public free schools. Except as provided by this section, the legislature may not enact

a [no] law [shall ever be enacted] appropriating any part of the permanent school fund

or available school fund to any other purpose. The permanent school fund and the

available school fund may not [whatever; nor shall the same, or any part thereof ever]

be appropriated to or used for the support of any sectarian school. The[; and the]

available school fund [herein provided] shall be distributed to the several counties

according to their scholastic population and applied in the [such] manner [as may be]

provided by law.

(d)i[(b)]iiThe legislature by law may provide for using the permanent school

fund [and the income from the permanent school fund] to guarantee bonds issued by

school districts or by the state for the purpose of making loans to or purchasing the

bonds of school districts for the purpose of acquisition, construction, or improvement

of instructional facilities including all furnishings thereto. If any payment is required

to be made by the permanent school fund as a result of its guarantee of bonds issued

by the state, an amount equal to this payment shall be immediately paid by the state

from the treasury to the permanent school fund. An amount owed by the state to the

permanent school fund under this section shall be a general obligation of the state

until paid. The amount of bonds authorized hereunder shall not exceed $750 million

or a higher amount authorized by a two-thirds record vote of both houses of the

legislature. If the proceeds of bonds issued by the state are used to provide a loan to a

school district and the district becomes delinquent on the loan payments, the amount

of the delinquent payments shall be offset against state aid to which the district is

otherwise entitled.


(e)i[(c)]iiThe legislature may appropriate part of the available school fund for

administration of [the permanent school fund or of] a bond guarantee program

established under this section.

(f)i[(d)]iiNotwithstanding any other provision of this constitution, in managing

the assets of the permanent school fund, the State Board of Education may acquire,

exchange, sell, supervise, manage, or retain, through procedures and subject to

restrictions it establishes and in amounts it considers appropriate, any kind of

investment, including investments in the Texas growth fund created by Article XVI,

Section 70, of this constitution, that persons of ordinary prudence, discretion, and

intelligence, exercising the judgment and care under the circumstances then

prevailing, acquire or retain for their own account in the management of their affairs,

not in regard to speculation but in regard to the permanent disposition of their funds,

considering the probable income as well as the probable safety of their capital.

(g)iiNotwithstanding Subsection (a) of this section, the total amount distributed

from the permanent school fund to the available school fund for the state fiscal years

beginning September 1, 2003, and September 1, 2004, must be an amount equal to the

lesser of:

(1)iifive percent of the average of the market value of the permanent school

fund, excluding real property belonging to the fund that is managed, sold, or acquired

under Section 4 of this article, on the last day of each of the 16 state fiscal quarters

preceding the regular session of the 78th Legislature; or

(2)iia portion of the total return on all investment assets of the permanent

school fund such that the portion of the total return retained in the permanent school

fund is sufficient, as determined by the comptroller of public accounts, to preserve the

purchasing power of the permanent school fund for the current fiscal year and the next

nine fiscal years.

(h)iiSubsection (g) of this section and this subsection expire December 1, 2006.

SECTIONi____.iiThis proposed constitutional amendment shall be submitted to

the voters at an election to be held Septemberi13, 2003. The ballot shall be printed to

permit voting for or against the proposition: "The constitutional amendment relating

to the use of income and appreciation of the permanent school fund."


On motion of Senator Fraser and by unanimous consent, the caption was

amended to conform to the body of the resolution as amended.

HJR 68 as amended was passed to third reading by a viva voce vote.

HOUSE JOINT RESOLUTION 68 ON THIRD READING

Senator Fraser moved that Senate Rule 7.18 and the Constitutional Rule

requiring bills to be read on three several days be suspended and that HJRi68 be



The resolution was read third time and was passed by the following

vote:iiYeasi31, Naysi0.



On motion of Senator Lucio and by unanimous consent, the regular order ofbusiness was suspended to take up for consideration HBi1882 at this time on itssecond reading:

HB 1882, Relating to incentives for certain high schools and high schoolstudents to participate in the Early High School Graduation Scholarship program.


Senator Lucio offered the following amendment to the bill:


Amend HB 1882 (Senate committee report) on page 1, line 33 amend Section56.203(2) as follows:

(2)i have successfully completed the recommended or advanced high schoolprogram established under Section 28.025 requirements for a public high schooldiploma in not more than 36 consecutive months and graduated or be eligible forgraduation from a Texas public high school in not more than 41 consecutive monthsor, if the person graduated with at least 30 hours of college credit, in not more than 45consecutive months;

On page 1, line 58 add a new (d) to Section 56.203, Education Code, as follows:(d)iiA person who does not satisfy the curriculum requirements of Subsection

(a)(2) is considered to have satisfied those requirements if the high school from whichthe person graduated indicates on the person ’s transcript that the person was unable tocomplete the appropriate curriculum within the time prescribed by that subsectionsolely because necessary courses were unavailable to the person at the appropriatetimes in the person ’s high school career as a result of course scheduling, lack ofenrollment capacity, or another cause not within the persons control.

On page 2, line 2, strike the newly added phrase "requirements for a public highschool diploma" and replace with the phrase "recommended or advanced high schoolprogram established under Section 28.025".



On page 3, line 38, add a new SECTION 10 as follows:SECTION 10. Section 28.025, Education Code, is amended by adding

Subsections (g) and (g-1) to read as follows:(g)iiIf a student, other than a student permitted to take courses under the

minimum high school program as provided by Subsection (b), is unable to completethe recommended or advanced high school program solely because necessary courseswere unavailable to the student at the appropriate times in the student ’s high schoolcareer as a result of course scheduling, lack of enrollment capacity, or another causenot within the student ’s control, the school district shall indicate that fact on thestudents transcript form described by Subsection (e).


(g-1)iiSubsection (g) applies to students entering grade nine during or after the2003-2004 school year. This subsection expires January 1, 2004.

Renumber the remaining SECTIONS as appropriate.

The floor amendment was read and was adopted by a viva voce vote.

RECORD OF VOTE

Senator Williams asked to be recorded as voting "Nay" on the adoption of FloorAmendment No. 1.

On motion of Senator Lucio and by unanimous consent, the caption wasamended to conform to the body of the bill as amended.


RECORD OF VOTE

Senator Williams asked to be recorded as voting "Nay" on the passage ofHBi1882 to third reading.


Senator Lucio moved that Senate Rule 7.18 and the Constitutional Rule requiringbills to be read on three several days be suspended and that HBi1882 be placed on itsthird reading and final passage.


Nays:iiWilliams.


RECORD OF VOTE

Senator Williams asked to be recorded as voting "Nay" on the final passage ofHBi1882.

(President in Chair)

COMMITTEEiiSUBSTITUTEHOUSE BILL 1670 ON SECOND READING

On motion of Senator Whitmire and by unanimous consent, the regular order ofbusiness was suspended to take up for consideration CSHBi1670 at this time on itssecond reading:

CSHB 1670, Relating to medically recommended intensive supervision ofcertain inmates of the Texas Department of Criminal Justice and to the releasepending deportation of certain inmates of the department.


COMMITTEEiiSUBSTITUTEHOUSE BILL 1670 ON THIRD READING

Senator Whitmire moved that Senate Rule 7.18 and the Constitutional Rulerequiring bills to be read on three several days be suspended and that CSHBi1670 beplaced on its third reading and final passage.






On motion of Senator Deuell and by unanimous consent, the regular order of


second reading:

CSHB 567, Relating to the expulsion of a public school student who commits

certain criminal acts against another student.


vote.



Senator Deuell moved that Senate Rule 7.18 and the Constitutional Rule





Naysi0.



Senator Wentworth moved to suspend the regular order of business to take up for


CSHB 212, Relating to the regulation of political signs by a municipality.



Senator Estes offered the following amendment to the bill:


Amend CSHB 212 (Senate committee printing) in SECTION 1 of the bill, in

proposed Section 216.903(b), Local Government Code, by striking Subdivisions (2)

and (3) (page 1, lines 24-28) and substituting the following:

(2)iirequire a permit or approval of the municipality or impose a fee for the

sign to be placed;

(3)iirestrict the size of the sign; or

(4)iiprovide for a charge for the removal of a political sign that is greater

than the charge for removal of other signs regulated by ordinance.


On motion of Senator Wentworth and by unanimous consent, the caption was


CSHBi212 as amended was passed to third reading by a viva voce vote.


RECORD OF VOTES

Senators Brimer and Shapiro asked to be recorded as voting "Nay" on thepassage of CSHBi212 to third reading.



Senator Wentworth moved that Senate Rule 7.18 and the Constitutional Rulerequiring bills to be read on three several days be suspended and that CSHBi212 beplaced on its third reading and final passage.


Yeas:iiArmbrister, Averitt, Barrientos, Bivins, Carona, Deuell, Duncan, Ellis,Estes, Fraser, Gallegos, Harris, Hinojosa, Jackson, Janek, Lindsay, Lucio, Madla,Nelson, Ogden, Ratliff, Shapleigh, Staples, VanideiPutte, Wentworth, West, Whitmire,Williams, Zaffirini.

Nays:iiBrimer, Shapiro.


RECORD OF VOTES

Senators Brimer and Shapiro asked to be recorded as voting "Nay" on the finalpassage of CSHBi 212.



On motion of Senator West and by unanimous consent, the regular order ofbusiness was suspended to take up for consideration CSHBi1518 at this time on itssecond reading:

CSHB 1518, Relating to accountability for public school dropouts and students

at risk of dropping out of school and to the evaluation of school campuses.


Senator West offered the following amendment to the bill:


Amend CSHB 1518 by adding the following appropriately numbered SECTION

to the bill and renumbering the subsequent SECTIONS accordingly:SECTIONi____.iiSection 39.072, Education Code, is amended by adding

Subsection (d) to read as follows:(d)iiFor purposes of Subsection (c), the board of trustees of a school district may

decide whether a student who attends a program serving students who are pregnant orwho are parents that is based at a single campus but serves students from more than

one campus is considered to be:(1)iia student at the campus to which the student is regularly assigned; or(2)iia student at the campus that the student actually attends.



On motion of Senator West and by unanimous consent, the caption was amended

to conform to the body of the bill as amended.

CSHBi1518 as amended was passed to third reading by a viva voce vote.



Senator West moved that Senate Rule 7.18 and the Constitutional Rule requiring

bills to be read on three several days be suspended and that CSHBi1518 be placed on

its third reading and final passage.



Naysi0.


On motion of Senator Bivins and by unanimous consent, the regular order of


second reading:

HB 3175, Relating to the authority of the comptroller of public accounts to

manage cash flow by transferring available cash between funds in the custody or

under the management of the comptroller; making an appropriation.


Senator Bivins offered the following amendment to the bill:


Amend HB 3175 by striking Section 2 of the bill (page 1, lines 40-48) and by

substituting:

SECTION 2.i The comptroller is appropriated from the general revenue fund for

the fiscal biennium beginning September 1, 2003, the amount needed to return any

available cash that was transferred to the general revenue fund from a fund outside the

state treasury and needed to maintain the equity of the fund from which the transfer

was made, as required by Section 403.092, Government Code, as amended by this

Act.


On motion of Senator Bivins and by unanimous consent, the caption was





Senator Bivins moved that Senate Rule 7.18 and the Constitutional Rulerequiring bills to be read on three several days be suspended and that HBi3175 beplaced on its third reading and final passage.



COMMITTEEiiSUBSTITUTEHOUSE BILL 2703 ON SECOND READING

On motion of Senator Gallegos and by unanimous consent, the regular order ofbusiness was suspended to take up for consideration CSHBi2703 at this time on itssecond reading:

CSHB 2703, Relating to the testing of certain physical evidence, crimelaboratory accreditation, and the admissibility of evidence examined or tested by acrime laboratory.



Senator Gallegos moved that Senate Rule 7.18 and the Constitutional Rulerequiring bills to be read on three several days be suspended and that CSHBi2703 beplaced on its third reading and final passage.




On motion of Senator Duncan and by unanimous consent, the regular order ofbusiness was suspended to take up for consideration HBi562 at this time on its secondreading:

HB 562, Relating to the collection and maintenance of DNA samples taken fromcertain offenders.



Senator Duncan moved that Senate Rule 7.18 and the Constitutional Rulerequiring bills to be read on three several days be suspended and that HBi562 beplaced on its third reading and final passage.






On motion of Senator Zaffirini and by unanimous consent, the regular order of


second reading:

CSHB 3304, Relating to the appointment and duties of an associate judge in the

229th Judicial District.


Senator Zaffirini offered the following amendment to the bill:


Amend CSHB 3304 on page 4, line 38 by deleting the following:

Sec. 54.1152. FEES. (a) A plaintiff in a civil case before an associate judge

shall pay a fee of $25 for the services of the associate judge.

(b) The clerk of the referring court shall collect the fee and deposit it in the

county treasury to be used for court-related purposes.


On motion of Senator Zaffirini and by unanimous consent, the caption was


CSHB 3304 as amended was passed to third reading by a viva voce vote.



Senator Zaffirini moved that Senate Rule 7.18 and the Constitutional Rule







On motion of Senator Duncan and by unanimous consent, the regular order of


second reading:

CSHB 803, Relating to the authority of political subdivisions to exercise the

power of eminent domain to acquire rights to water and the assessment of damages in

condemnation proceedings initiated for that purpose.

The bill was read second time and was passed to third reading without objection.




Senator Duncan moved that Senate Rule 7.18 and the Constitutional Rule






On motion of Senator Zaffirini and by unanimous consent, the regular order of


second reading:

HB 1020, Relating to the promotion of dependent care benefits for employees.


Senator Zaffirini offered the following amendment to the bill:


Amend HB 1020 as follows:

(1)iiIn SECTION 1 of the bill, in proposed Section 81.0046, Labor Code

(committee printing page 1, line 21), after Subdivision (2) of that section, insert "and".


(committee printing page 1, line 24), after Subdivision (3) of that section, strike

";iand" and substitute a period.


(committee printing page 1, lines 25-28), strike Subdivision (4) of that section.


On motion of Senator Zaffirini and by unanimous consent, the caption was


HB 1020 as amended was passed to third reading without objection.


Senator Zaffirini moved that Senate Rule 7.18 and the Constitutional Rule




Nays:iiEstes.





Senator Bivins offered the following resolution:

BE IT RESOLVED by the Senate of the State of Texas, 78th Legislature,

Regular Session, 2003, That Senate Rule 12.03 be suspended in part as provided by

Senate Rule 12.08 to enable the conference committee appointed to resolve the

differences on HBi1567, relating to the disposal of low-level radioactive waste;

authorizing the exercise of the power of eminent domain, to consider and take action

on the following matters:

(1)iiSenate Rule 12.03(2) is suspended to permit the committee to omit "and the

disposal of low-level radioactive waste under Subchapter F" from amended Section

401.104(b), Health and Safety Code.

Explanation: The omission is necessary since the Texas Commission on

Environmental Quality is the agency that will issue the low-level radioactive waste

disposal facility license under Subchapter F, Chapter 401, Health and Safety Code.

(2)iiSenate Rule 12.03(3) is suspended to permit the committee to add ", the form

and content of which is acceptable to the agency" to amended Section 401.109(d)(6),

Health and Safety Code.

Explanation: The addition is necessary to ensure that an insurance policy

provided as security by a license holder under Chapter 401, Health and Safety Code,

is acceptable to the state agency issuing the license.

(3)iiSenate Rules 12.03(3) and (4) are suspended to permit the committee to add

text not included in either the house or senate version of the bill to proposed Section

401.229, Health and Safety Code, to read as follows:

If the commission ’s costs in processing an application under this subchapter exceed

the $500,000 application processing fee, the commission may assess and collect

additional fees from the applicant to recover the costs. Recoverable costs include

costs incurred by the commission for administrative review, technical review, and

hearings associated with the application.

Explanation: The added text is necessary to allow the Texas Commission on

Environmental Quality to collect additional fees from a low-level radioactive waste

disposal license applicant if the additional fees are necessary to recover certain costs

incurred in processing the application.

(4)iiSenate Rule 12.03(1) is suspended to permit the committee to change

"180th" to "270th" in proposed Section 401.232(g), Health and Safety Code.

Explanation: The changed text is necessary to give the Texas Commission on

Environmental Quality additional time to select an application for a low-level

radioactive waste disposal facility license that has the highest comparative merit.

The resolution was read and was adopted by the following vote:iiYeasi24,

Naysi7.

Yeas:iiArmbrister, Averitt, Bivins, Brimer, Carona, Deuell, Ellis, Estes, Fraser,

Harris, Hinojosa, Jackson, Janek, Lindsay, Lucio, Nelson, Ogden, Ratliff, Shapiro,

Staples, Wentworth, West, Whitmire, Williams.

Nays:iiBarrientos, Duncan, Gallegos, Madla, Shapleigh, VanideiPutte, Zaffirini.



HOUSE BILL 1567 ADOPTED

Senator Bivins called from the President ’s table the Conference Committee

Report on HBi1567.iiThe Conference Committee Report was filed with the Senate on

Wednesday, May 21, 2003.

On motion of Senator Bivins, the Conference Committee Report was adopted by

the following vote:iiYeasi24, Naysi7.

Yeas:iiArmbrister, Averitt, Bivins, Brimer, Carona, Deuell, Ellis, Estes, Fraser,

Harris, Hinojosa, Jackson, Janek, Lindsay, Lucio, Nelson, Ogden, Ratliff, Shapiro,

Staples, Wentworth, West, Whitmire, Williams.

Nays:iiBarrientos, Duncan, Gallegos, Madla, Shapleigh, VanideiPutte, Zaffirini.

PHYSICIAN OF THE DAY

Senator Ogden was recognized and presented Dr. Ed Spyduhara of College

Station as the Physician of the Day.

The Senate welcomed Dr. Spyduhara and thanked him for his participation in the

Physician of the Day program sponsored by the Texas Academy of Family

Physicians.



On motion of Senator Fraser and by unanimous consent, the regular order of


second reading:

CSHB 329, Relating to the regulation of mold assessors and remediators, civil

liability for mold remediation, and insurance coverage on mold claims; providing civil

and administrative penalties.


Senator Fraser offered the following amendment to the bill:


Amend CSHB 329 as follows:

(1)iiIn Sec. 1958.055(b) in SECTION 1 of the bill, strike lines 33-42, and

substitute the following: (committee printing, page 2).

(1)ii$400 for a license issued to an individual;

(2)ii$750 for a license issued to a person who is not an individual; and

(3)ii$60 for a registration issued to an employee of a license holder.

(2)iiInsert in Sec. 1958.106(a) in SECTION 1 of the bill "required under this

chapter" between "training" and "and" (committee printing, page 3, line 53).

(3)iiInsert in Sec. 1958.106(a) in SECTION 1 of the bill "for a license holder"

between "required" and "under" (committee printing, page 3, line 54).



Senator Fraser offered the following amendment to the bill:


Amend CSHB 329 as follows:(1)iiInsert the following on line 56 in Sec. 1958.002(b) in SECTION 1 of the

bill, page 1, committee printing, and renumber the subsequent paragraphs accordingly.(2)iirepair, replacement, or cleaning of construction materials during the

building phase of the construction of a structure;(2)iiInsert the following on line 11 in Sec. 1958.102(a) in SECTION 1 of the bill,

page 3, committee printing, and renumber the subsequent paragraph accordingly:(2)iiif the mold remediation is performed in an area in which the mold

contamination affects a total surface area of 25 contiguous square feet or more; or


Senator Wentworth offered the following amendment to the bill:


Amend CSHB 329 by striking SECTION 2, page 7, lines 13-63, andrenumbering subsequent SECTIONS accordingly.


On motion of Senator Fraser and by unanimous consent, the caption wasamended to conform to the body of the bill as amended.

CSHB 329 as amended was passed to third reading without objection.


Senator Fraser moved that Senate Rule 7.18 and the Constitutional Rulerequiring bills to be read on three several days be suspended and that CSHBi329 beplaced on its third reading and final passage.




On motion of Senator Ogden and by unanimous consent, the regular order ofbusiness was suspended to take up for consideration HBi2377 at this time on itssecond reading:

HB 2377, Relating to the transfer of property under the jurisdiction of the TexasDepartment of Transportation.


Senator Ogden offered the following amendment to the bill:


Amend HB 2377 in SECTION 4 of the bill as follows:(1)iiIn added Section 202.033, Transportation Code, on page 2, between lines 23

and 24 (committee printing), insert the following:


"(c)iiThe department may not transfer a bridge under this section unless it first

reviews the proposed recipient ’s intended use of the bridge and determines that the

bridge can be safely used for that purpose.".

(2)iiIn added Section 202.033, Transportation Code, on page 2, line 24

(committee printing), strike "(c)" and substitute "(d)".


On motion of Senator Ogden and by unanimous consent, the caption was


HB 2377 as amended was passed to third reading without objection.


Senator Ogden moved that Senate Rule 7.18 and the Constitutional Rule





Naysi0.


On motion of Senator Duncan and by unanimous consent, the regular order of

business was suspended to take up for consideration HBi728 at this time on its second

reading:

HB 728, Relating to the continuous eligibility of certain children for medical

assistance benefits.

The bill was read second time and was passed to third reading without objection.


Senator Duncan moved that Senate Rule 7.18 and the Constitutional Rule





Naysi0.

SENATE RULES SUSPENDED

(Posting Rules)

On motion of Senator Armbrister and by unanimous consent, Senate Rule

11.10(a) and Senate Rule 11.18(a) were suspended in order that the Committee on

Natural Resources might meet and consider HCRi206 today.


NOTICE GIVEN FOR

LOCAL AND UNCONTESTED CALENDAR

Senator Harris announced that a Local and Uncontested Calendar had been

furnished to each Member of the Senate. He then gave notice that the Local and

Uncontested Calendar Session would be held at 8:00ia.m. tomorrow and that all bills

and resolutions would be considered on second and third reading in the order in which

they were listed.

BILL ADDED TO

LOCAL AND UNCONTESTED CALENDAR

On motion of Senator Harris and by unanimous consent, Senate Rule 9.04(d)

was suspended to allow HBi3607 to be added to the Local and Uncontested Calendar

scheduled for tomorrow at 8:00ia.m.

MOTION TO ADJOURN

On motion of Senator Whitmire and by unanimous consent, the Senate at

3:55ip.m. agreed to adjourn, in memory of Stanley Allen Wiley of Amarillo, Jose

Pulido, and military men and women who have fallen in battle, and in honor of those

currently serving in our armed forces, upon conclusion of the Local and Uncontested

Calendar Session, until 10:00ia.m. tomorrow.

MOTION TO RECESS

On motion of Senator Whitmire and by unanimous consent, the Senate at

3:58ip.m. agreed to recess, pending the signing of bills and resolutions in the Senate,

until 8:00ia.m. tomorrow for the Local and Uncontested Calendar Session.

BILLS AND RESOLUTIONS SIGNED

The President announced the signing of the following enrolled bills and

resolutions in the presence of the Senate after the captions had been read:

SBi349, SBi367, SBi368, SBi369, SBi371, SBi372, SBi374, SBi526, SBi607,

SBi692, SBi704, SBi719, SBi804, SBi822, SBi842, SBi892, SBi899, SBi965,

SBi995, SBi1018, SBi1071, SBi1282, SBi1356, SBi1418, SBi1489, HBi147,

HBi149, HBi294, HBi346, HBi581, HBi630, HBi816, HBi882, HBi1330, HBi1394,

HBi1539, HBi1637, HBi1648, HBi1654, HBi1730, HBi1765, HBi1822, HBi1831,



HBi2922, HBi2926, HBi3089, HBi3575, HCRi16, HCRi248, HBi15, HBi156,

HBi157, HBi261, HBi284, HBi510, HBi722, HBi729, HBi755, HBi804, HBi845,



HCRi82, HCRi255, HBi623, HBi2533, HBi2905, HBi3028, HBi3555, HJRi62.


CONFERENCE COMMITTEE REPORT ONSENATE BILL 718

Senator Madla submitted the following Conference Committee Report:

Austin, TexasMay 23, 2003

Honorable David DewhurstPresident of the Senate

Honorable Tom CraddickSpeaker of the House of Representatives

Sirs:

We, Your Conference Committee, appointed to adjust the differences between theSenate and the House of Representatives on SBi718 have had the same underconsideration, and beg to report it back with the recommendation that it do pass in theform and text hereto attached.

MADLA MCREYNOLDSDEUELL LAUBENBERGHARRIS TAYLORLINDSAY TRUITTLUCIO ZEDLEROn the part of the Senate On the part of the House

A BILLTO BE ENTITLEDAN ACT

relating to the practice and regulatory environment for registered nurses and licensedvocational nurses.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:SECTIONi1.iiSubchapter D, Chapter 301, Occupations Code, is amended by

adding Sections 301.1605 and 301.1606 to read as follows:Sec.i301.1605.iiPILOT PROGRAMS FOR INNOVATIVE APPLICATIONS.

(a)iiThe board may approve and adopt rules regarding pilot programs for innovativeapplications in the practice and regulation of professional nursing.

(b)iiThe board shall specify the procedures to be followed in applying forapproval of a pilot program. The board may condition approval of a program oncompliance with this section and rules adopted under this section.

(c)iiIn approving a pilot program, the board may grant the program an exceptionto the mandatory reporting requirements of Sections 301.401-301.409 or to a ruleadopted under this chapter or Chapter 303 that relates to the practice of professionalnursing, including education and reporting requirements for registered nurses. Theboard may not grant an exception to:

(1)iithe education requirements of this chapter unless the program includesalternate but substantially equivalent requirements; or

(2)iithe mandatory reporting requirements unless the program:(A)iiis designed to evaluate the efficiency of alternative reporting

methods; and


(B)iiprovides consumers adequate protection from registered nurses

whose continued practice is a threat to public safety.

Sec.i301.1606.iiPILOT PROGRAMS ON NURSE REPORTING SYSTEMS.

(a)iiBefore January 1, 2004, the board shall solicit proposals for pilot programs

designed to evaluate the efficacy and effect on protection of the public of reporting

systems designed to encourage identification of system errors.

(b)iiThe board may grant a pilot program approved under this section an

exception to the mandatory reporting requirements of Sections 301.401-301.409 or to

a rule adopted under this chapter or Chapter 303 that relates to the practice of

professional nursing, including education and reporting requirements for registered

nurses. If the board grants an exception, the board may require that the program:

(1)iiprovide for the remediation of the deficiencies of a registered nurse who

has knowledge or skill deficiencies that unless corrected may result in an

unreasonable risk to public safety;

(2)iiprovide for supervision of the nurse during remediation of deficiencies

under Subdivision (1);

(3)iirequire reporting to the board of a registered nurse:

(A)iiwho fails to satisfactorily complete remediation, or who does not

make satisfactory progress in remediation, under Subdivision (1);

(B)iiwhose incompetence in the practice of professional nursing would

pose a continued risk of harm to the public; or

(C)iiwhose error contributed to a patient death or serious patient injury;

or

(4)iiprovide for a nursing peer review committee to review whether a

registered nurse is appropriate for remediation under Subdivision (1).

(c)iiThe board may require that the entity conducting a pilot program under this

section reimburse the board for the cost of monitoring and evaluating the pilot

program.

(d)iiThe board may contract with a third party to perform the monitoring and

evaluation.

(e)iiThe board may limit the number of pilot programs that it approves under this

section.

SECTIONi2.iiSection 301.251, Occupations Code, is amended by adding

Subsection (d) to read as follows:

(d)iiUnless the person holds a license under this chapter or as a vocational nurse

under Chapter 302, a person may not use, in connection with the person ’s name:(1)iithe title "nurse"; or

(2)iiany other designation tending to imply that the person is licensed to

provide nursing care.

SECTIONi3.iiThe heading to Section 301.303, Occupations Code, is amended to

read as follows:

Sec.i301.303.iiCONTINUING COMPETENCY [EDUCATION].

SECTIONi4.iiSubsections (a) and (d), Section 301.303, Occupations Code, are

amended to read as follows:


(a)iiThe board may recognize, prepare, or implement continuing competency[education] programs for license holders under this chapter and may requireparticipation in continuing competency [education] programs as a condition ofrenewal of a license. The programs may allow a license holder to demonstratecompetency through various methods, including:

(1)iicompletion of targeted continuing education programs; and(2)iiconsideration of a license holder ’s professional portfolio, including

certifications held by the license holder.(d)iiIn adopting rules under Subsection (c), the board shall consider, but is not

obligated to approve:(1)iia program or provider approved or accredited through the [Board of

Accreditation of the] American Nurses Credentialing Center [Nurses ’Association orthe National Federation of Specialty Nursing Organizations]; and

(2)iia nurse in-service program offered by a hospital that is:(A)iiaccredited by the Joint Commission on Accreditation of Healthcare

Organizations;(B)iicertified by Medicare; or(C)iimaintained or operated by the federal government or the state.

SECTIONi5.iiSection 301.351, Occupations Code, is amended by amendingSubsection (b) and adding Subsection (c) to read as follows:

(b)iiWhile interacting with the public in a professional nursing role [on dutyproviding direct care to a patient], each licensed registered nurse shall wear a clearlylegible [an] insignia identifying the nurse as a registered nurse. The insignia may notcontain information other than:

(1)iithe registered nurse designation;(2)iithe nurse ’s name, certifications, academic degrees, or practice position;(3)iithe name of the employing facility or agency, or other employer;(4)iia picture of the nurse; or(5)iiany other information authorized by the board.

(c)iiThe board may adopt rules establishing specifications for the insignia.SECTIONi6.iiSection 301.401, Occupations Code, is amended to read as

follows:Sec.i301.401.iiGROUNDS FOR REPORTING REGISTERED NURSE.

(a)iiExcept as provided by Subsection (b), the [The] following are grounds forreporting a registered nurse under Section 301.402, 301.403, 301.405, or 301.407:

(1)iiunnecessary or likely exposure by the registered nurse of a patient orother person to a risk of harm;

(2)iiunprofessional conduct by the registered nurse;(3)iifailure by the registered nurse to adequately care for a patient;(4)iifailure by the registered nurse to conform to the minimum standards of

acceptable professional nursing practice; or(5)iiimpairment or likely impairment of the registered nurse ’s practice by

chemical dependency.(b)iiSubsection (a) does not apply to a minor incident, as defined by Section

301.419, if the incident is not required to be reported under a rule adopted underSection 301.419.


SECTIONi7.iiSection 301.402, Occupations Code, is amended by addingSubsection (f) to read as follows:

(f)iiA registered nurse may report to the nurse ’s employer or another entity atwhich the nurse is authorized to practice any situation that the nurse has reasonablecause to believe exposes a patient to substantial risk of harm as a result of a failure toprovide patient care that conforms to minimum standards of acceptable and prevailingprofessional nursing practice. For purposes of this subsection, the employer or entityincludes an employee or agent of the employer or entity.

SECTIONi8.iiSubchapter J, Chapter 301, Occupations Code, is amended byadding Section 301.4515 to read as follows:

Sec.i301.4515.iiUSE OF CERTAIN NURSING TITLES. Unless the person ispracticing under the delegated authority of a registered nurse or is otherwiseauthorized by state or federal law, a person may not use, in connection with theperson ’s name:

(1)iithe title "nurse aide," "nurse assistant," or "nurse technician"; or(2)iiany other similar title.


(f)iiIn making a determination under Subsection (e), the board shall review theevidence to determine the extent to which a deficiency in care by the registered nursewas the result of deficiencies in the registered nurse ’s judgment, knowledge, training,or skill rather than other factors beyond the nurse ’s control. A determination that adeficiency in care is attributable to a registered nurse must be based on the extent towhich the registered nurse ’s conduct was the result of a deficiency in the registerednurse ’s judgment, knowledge, training, or skill.

SECTIONi10.iiSection 303.005, Occupations Code, is amended by amendingSubsections (a), (b), (c), (d), and (f) and adding Subsection (h) to read as follows:

(a)iiIn this section, "duty to a patient" means conduct required by standards ofpractice or professional conduct adopted by the board for registered nurses or theBoard of Vocational Nurse Examiners for licensed vocational nurses. The termincludes administrative decisions directly affecting a [registered] nurse ’s ability tocomply with that duty.

(b)iiIf a person who regularly employs, hires, or otherwise contracts for theservices of at least 10 [registered] nurses requests one of those nurses to engage inconduct that the nurse believes violates a [registered] nurse ’s duty to a patient, thenurse may request, on a form produced by the board, a determination by a nursingpeer review committee under this chapter of whether the conduct violates a[registered] nurse ’s duty to a patient.

(c)iiA [registered] nurse who in good faith requests a peer review determinationunder Subsection (b):

(1)iimay not be disciplined or discriminated against for making the request;(2)iimay engage in the requested conduct pending the peer review;(3)iiis not subject to the reporting requirement under Subchapter I, Chapter

301, or the rules of the board or the Board of Vocational Nurse Examiners; and(4)iimay not be disciplined by the board or the Board of Vocational Nurse

Examiners for engaging in that conduct while the peer review is pending.


(d)iiThe determinations of the peer review committee shall be considered in adecision to discipline the nurse, but the determinations are not binding if a [registered]nurse administrator believes in good faith that the peer review committee hasincorrectly determined a [registered] nurse ’s duty.

(f)iiA [registered] nurse ’s rights under this section may not be nullified by acontract.

(h)iiA person is not required to provide a peer review determination under thissection for a request made by:

(1)iia registered nurse, unless the person regularly employs, hires, orotherwise contracts for the services of at least five registered nurses; or

(2)iia licensed vocational nurse, unless the person regularly employs, hires,or otherwise contracts for the services of at least five licensed vocational nurses.


(f)iiIf a peer review committee determines that a nurse has not engaged inconduct required to be reported to the nurse ’s licensing board, a member of the peerreview committee whose knowledge of the nurse ’s conduct was acquired only throughthe peer review may not report that nurse to the licensing board for that conduct. Acommittee member is not prohibited from reporting:

(1)iithe nurse, if the member has knowledge of the nurse ’s conductindependently of peer review; or

(2)iithe peer review committee to the licensing board, if the member believesthe committee made its determination in bad faith.

SECTIONi12.iiChapter 303, Occupations Code, is amended by adding Section303.011 to read as follows:

Sec.i303.011.iiEVALUATION BY COMMITTEE. In evaluating a nurse ’sconduct, the nursing peer review committee shall review the evidence to determinethe extent to which a deficiency in care by the nurse was the result of deficiencies inthe nurse ’s judgment, knowledge, training, or skill rather than other factors beyond thenurse ’s control. A determination that a deficiency in care is attributable to a nursemust be based on the extent to which the nurse ’s conduct was the result of adeficiency in the nurse ’s judgment, knowledge, training, or skill.

SECTIONi13.iiSubchapter B, Chapter 241, Health and Safety Code, is amendedby adding Section 241.029 to read as follows:

Sec. i241.029. i iPOLICIES AND PROCEDURES RELATING TOWORKPLACE SAFETY. (a)iiThe governing body of a hospital shall adopt policiesand procedures related to the work environment for nurses to:

(1)iiimprove workplace safety and reduce the risk of injury, occupationalillness, and violence; and

(2)iiincrease the use of ergonomic principles and ergonomically designeddevices to reduce injury and fatigue.

(b)iiThe policies and procedures adopted under Subsection (a), at a minimum,must include:

(1)iievaluating new products and technology that incorporate ergonomicprinciples;

(2)iieducating nurses in the application of ergonomic practices;


(3)iiconducting workplace audits to identify areas of risk of injury,

occupational illness, or violence and recommending ways to reduce those risks;

(4)iicontrolling access to those areas identified as having a high risk of

violence; and

(5)iipromptly reporting crimes committed against nurses to appropriate law

enforcement agencies.

SECTIONi14.iiA hospital must adopt policies and procedures required by

Section 241.029, Health and Safety Code, as added by this Act, not later than

Januaryi1, 2004.

SECTIONi15.iiThis Act takes effect immediately if it receives a vote of

two-thirds of all the members elected to each house, as provided by Section 39,

Article III, Texas Constitution. If this Act does not receive the vote necessary for

immediate effect, this Act takes effect September 1, 2003.

The Conference Committee Report was filed with the Secretary of the Senate on

Saturday, May 24, 2003.


SENATE BILL 880

Senator Ellis submitted the following Conference Committee Report:

Austin, Texas

May 23, 2003

Honorable David Dewhurst

President of the Senate

Honorable Tom Craddick

Speaker of the House of Representatives

Sirs:

We, Your Conference Committee, appointed to adjust the differences between the

Senate and the House of Representatives on SBi880 have had the same under

consideration, and beg to report it back with the recommendation that it do pass in the

form and text hereto attached.

ELLIS ALLENHINOJOSA HAGGERTYWILLIAMS STICKGALLEGOS TALTONWHITMIRE CAPELOOn the part of the Senate On the part of the House

A BILLTO BE ENTITLED

AN ACT

relating to the time allowed for disposition of certain charges regarding a violation of

parole or other forms of release from prison.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTIONi1.iiSubsections (a) and (b), Section 508.282, Government Code, are

amended to read as follows:


(a)iiExcept as provided by Subsection (b), a parole panel, a designee of the

board, or the department shall dispose of the charges against an inmate or person

described by Section 508.281(a):

(1)iibefore the 41st [61st] day after the date on which:

(A)iia warrant issued as provided by Section 508.251 is executed, if the

inmate or person is arrested only on a charge that the inmate or person has committed

an administrative violation of a condition of release, and the inmate or person is not

charged before the 41st [61st] day with the commission of an offense described by

Section 508.2811(2)(B); or

(B)iithe sheriff having custody of an inmate or person alleged to have

committed an offense after release notifies the department that:

(i)iithe inmate or person has discharged the sentence for the offense;

or

(ii)iithe prosecution of the alleged offense has been dismissed by the

attorney representing the state in the manner provided by Article 32.02, Code of

Criminal Procedure; or

(2)iiwithin a reasonable time after the date on which the inmate or person is

returned to the custody of the department, if:

(A)iiimmediately before the return the inmate or person was in custody

in another state or in a federal correctional system; or

(B)iithe inmate or person is transferred to the custody of the department

under Section 508.284.

(b)iiA parole panel, a designee of the board, or the department is not required to

dispose of the charges against an inmate or person within the period required by

Subsection (a) if:

(1)iithe inmate or person is in custody in another state or a federal

correctional institution;

(2)iithe parole panel or a designee of the board is not provided a place by the

sheriff to hold the hearing, in which event the department, parole panel, or designee is

not required to dispose of the charges against the inmate or person until the 30th

[60th] day after the date on which the sheriff provides a place to hold the hearing; or

(3)iithe inmate or person is granted a continuance by a parole panel or a

designee of the board in the inmate ’s or person ’s hearing under Section 508.281(a),

but in no event may a parole panel, a designee of the board, or the department dispose

of the charges against the person later than the 15th [30th] day after the date on which

the parole panel, designee, or department would otherwise be required to dispose of

the charges under this section, unless the inmate or person is released from custody

and a summons is issued under Section 508.251 requiring the inmate or person to

appear for a hearing under Section 508.281.

SECTIONi2.ii(a) This Act takes effect September 1, 2003.

(b)iiThe change in law made by this Act applies only to:

(1)iia person who although ineligible for release is released from the

institutional division of the Texas Department of Criminal Justice on or after the

effective date of this Act; and


(2)iia person released on parole, mandatory supervision, or conditionalpardon who, on or after the effective date of this Act, is accused of a violation of acondition of the person ’s release.

(c)iiA person improperly released or a person charged with an alleged violationoccurring before the effective date of this Act is covered by the law in effect when theimproper release or the alleged violation occurred, and the former law is continued ineffect for that purpose.

The Conference Committee Report was filed with the Secretary of the Senate.

CONFERENCE COMMITTEE REPORT ONHOUSE BILL 1702

Senator Jackson submitted the following Conference Committee Report:

Austin, TexasMay 24, 2003

Honorable David DewhurstPresident of the Senate

Honorable Tom CraddickSpeaker of the House of Representatives

Sirs:

We, Your Conference Committee, appointed to adjust the differences between theSenate and the House of Representatives on HBi1702 have had the same underconsideration, and beg to report it back with the recommendation that it do pass.

JACKSON TAYLORVANiDEiPUTTE GERENBRIMER W. SMITHARMBRISTER J. DAVIS

MILLEROn the part of the Senate On the part of the House

The Conference Committee Report was filed with the Secretary of the Senate.

RESOLUTIONS OF RECOGNITION

The following resolutions were adopted by the Senate:

Memorial Resolutions

SR 967 by Staples, In memory of Shelby Leo Green, Jr., of Tennessee Colony.

SR 970 by Van de Putte, In memory of Sylvia Montez Perez of San Antonio.

SR 971 by Van de Putte, In memory of Jessica Zembala of San Antonio.

HCR 9 (Madla), In memory of Amaro Cardona of Uvalde.

Congratulatory Resolutions

SR 943 by Averitt, Congratulating Donald and Gayle Sampley on their 30th weddinganniversary.

SR 968 by Hinojosa, Commending Carlos F. Truan for his service to the TexasLegislature.

SR 973 by Barrientos, Commending Texas Impact on its 30th anniversary.


(Senator Estes in Chair)

RECESS

Pursuant to a previously adopted motion, the Senate at 4:00ip.m. recessed until

8:00ia.m. tomorrow for the Local and Uncontested Calendar Session.

AAAPPENDIXAA

COMMITTEE REPORTS

The following committee reports were received by the Secretary of the Senate in

the order listed:

May 26, 2003

VETERAN AFFAIRS AND MILITARY INSTALLATIONSi—iHCRi101, HCRi199

HEALTH AND HUMAN SERVICESi—iCSHBi2075

FINANCEi—iHBi179, HBi651, HBi3607

NATURAL RESOURCESi—iCSHBi942, HBi2875 (Amended), HBi3035

(Amended), HBi2184, HBi2554, HBi3594, HBi3610, HBi3614, HBi3616, HBi3617,

HBi3618, HBi3619, HBi3620, HBi3621, HBi3622

GOVERNMENT ORGANIZATIONi—iCSHBi1606, CSHBi2933

FINANCEi—iCSHBi2424

GOVERNMENT ORGANIZATIONi—iCSHBi3042

FINANCEi—iCSHBi2292, CSHBi3318

INTERGOVERNMENTAL RELATIONSi—iCSHBi3546

ADMINISTRATIONi—iHBi2989, HBi3009, HBi3636, HCRi92

FINANCEi—iCSHBi2425

EDUCATIONi—iHBi796 (Amended), HBi860, HBi2908, CSHBi2964

INTERGOVERNMENTAL RELATIONSi—iHBi396

NATURAL RESOURCESi—iHBi1756, HBi3569, HBi3587 (Amended), HBi3602,

HBi3606, CSHBi3608, HBi3629, HBi3635, HBi3601


EDUCATIONi—iHBi387 (Amended), HBi575, HBi771, HBi757 (Amended),CSHBi1172, HBi1314, HBi1504, HBi1691 (Amended), HBi2117, HBi2804(Amended), HBi3041 (Amended), HBi3209 (Amended), HBi3257

STATE AFFAIRSi—iCSHJRi54

INTERGOVERNMENTAL RELATIONSi—iHJRi4, CSHBi3223

SENT TO GOVERNOR

May 26, 2003

SBi349, SBi367, SBi368, SBi369, SBi371, SBi372, SBi374, SBi526, SBi607,SBi692, SBi704, SBi719, SBi804, SBi822, SBi842, SBi892, SBi899, SBi965,SBi995, SBi1018, SBi1071, SBi1282, SBi1356, SBi1418, SBi1489


In Memory

of

Stanley Allen Wiley

Senate Concurrent Resolution 57

WHEREAS, The Legislature of the State of Texas joins the citizens ofAmarillo in mourning the tragic loss of Stanley Allen Wiley, who diedJanuary 29, 2003, at the age of 38; and

WHEREAS, Stanley Wiley was born in Amarillo on March 9, 1964; hegraduated from Tascosa High School in 1982 and attended Amarillo Collegefor two years; and

WHEREAS, Known as a hardworking man throughout his life, Stanleywas employed at a number of local businesses, and for a while, he operatedhis own sales and publishing company; and

WHEREAS, In 1994, Stanley took a position as a corrections officerwith the Texas Department of Criminal Justice; he was promoted twice andhad most recently worked as a supervisor of the boot shop at the ClementsUnit in Amarillo; and

WHEREAS, Stanley took pride in his work and believed in treating theinmates fairly; he had earned the respect of his colleagues who remember himfondly as a man who always had something good to say; and

WHEREAS, Stanley was a caring and attentive son, and he took time tocheck on his grandmother on a daily basis; he was also a loving uncle to histhree nieces and two nephews; and

WHEREAS, An exemplary gentleman, Stanley leaves behind memoriesthat will be treasured forever by his family and many friends; now, therefore,be it

RESOLVED, That the 78th Legislature of the State of Texas herebyextend sincere condolences to the bereaved family of Stanley Allen Wiley:his father, Herman Wiley; his sisters, Margaret Robertson and Catherine Nall;his grandmother, Laverne Powers; his nieces, Melinda Robertson, ShannonRobertson, and Rachel Nall; and his nephews, David Nall and Michael Nall;and, be it further

RESOLVED, That a copy of this resolution be prepared for the membersof his family as an expression of deepest sympathy from the TexasLegislature, and that when the legislature adjourns this day, it do so inmemory of Stanley Allen Wiley.

BIVINS


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