Senate Transcript, March 21, 2011

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

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

SENATOR OGDEN: A quorum is present. All on the floor and in the gallery please rise for the invocation to be delivered by Reverend Gary Ann Renfro, the Koran Missionary Baptist Church of Austin.

PASTOR: Let us bow together. Dear Heavenly Father, our Maker, our Creator, our Ruler and our Keeper, our Provider and our Protector, we want to say thank You for this blessed and beautiful day that You have allowed us to see. Thank you, Father, for our life, our health and our strength. We also want to pause to acknowledge You now as the men and the women of the city come together to do the business of this day. We thank you for the foundations, our government that you have ordained and we pray this day for the service and the commitment rendered by those who are here. And praying Father, that the decisions and the deliberations and discussions that are made will be for the common good and the citizens of the great state of Texas. Father, we pray that Your truth will be the standard and Your awesome will, will be the guide. These things we pray. Amen.

SENATOR OGDEN: Thank you, Reverend. Gallery may be seated. The Chair will hear excuses for absent members. Senator Whitmire moves to excuse Senator Estes on matters of important business. Is there objection? The Chair hears none, it's so ordered. Senator Whitmire moves to dispense with the readings of yesterday's journal. Is there objection? Chair hears none, it is so ordered. Mr. Doorkeeper.

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

SENATOR OGDEN: Admit the messenger.

MESSENGER: Mr. President, I'm directed by the House to inform the Senate that the House has taken the following actions: The House has passed the following measures. HCR73 Hughes in memory of Gene --

SENATOR OGDEN: Following message from the governor. The secretary will read the message.

PATSY SPAW: To the Senate of the 82nd Legislature Regular Session, I ask the advice, consent and confirmation of the Senate with the following appointment. To be the director of the office of State Federal Regulations, Charles C. Chiperoy (phonetic), McKinney, Texas. Respectfully submitted, Rick Perry, Governor of Texas. To nominations. Chair recognizes Senator Lucio to introduce the doctor of the day.

SENATOR LUCIO: Thank you, Mr. President, members. I'm extremely proud to introduce the doctor of the day today from the Rio Grande Valley, Dr. Louise Callow. Dr. Callow practices family medicine in Harlingen down in the Rio Grande Valley. In addition to serving in family practice, he has also served as the local health authority for a county health department. He has four children, and he is a master scuba diver. Dr. Callow is very interested in the quality, care and service provided to patients, and so I know that we're in very good hands today. Welcome to the Texas Senate, Doctor.

SENATOR OGDEN: Thank you, Doctor. The Chair lays out the following resolution. The secretary will read the resolution.

PATSY SPAW: Senate Resolution 491 declaring Monday March 21st, 2011, as World Down Syndrome Day. By Watson.

SENATOR OGDEN: Chair recognizes Senator Watson on the resolution.

SENATOR WATSON: Thank you, Mr. President, members. Today is World Down Syndrome Day. This day was created and started back in 2006 to serve as an opportunity for the world to promote public awareness and understanding of Down Syndrome and related issues. It also utilizes an opportunity to mobilize support for the well being of those with this condition and to encourage recognition of their dignity and their rights. The 21st day of the third month was chosen specifically to signify the uniqueness of the syndrome's triplication of the 21st chromosome. And today all over the world there are numerous events planned to honor this special occasion. Many of them are designed to showcase the ability, talents and accomplishments of people with Down Syndrome. And we're very pleased to be joined today in the gallery by some families and activists that are touched by Down Syndrome and I would ask them to stand. We have with us Kirsten, Molly, Sarah, and Dean Polocheck, Linda Kirkland, Margie and Issy Moor, Dina Street, Brandon McElroy, along with Theresa Hernandez and Guadalupe Hernandez, and we're also joined by Gerard Himaness, the government affairs Chair of the Down Syndrome Association of Central texas. Folks, let's -- members let's give them a round of applause, welcome them, thank them. And Mr. President I move adoption of SR No. 491 observing March 21st, 2011, as World Down Syndrome Day.

SENATOR OGDEN: Senator Watson, thank you for bringing that resolution to the floor and thank you for those in the gallery who came here for that resolution. Senator Watson moves to adopt the resolution. Is there objection to the adoption of the resolution? Chair hears none, the resolution is adopted. Following motion in writing. The secretary will read the motion.

PATSY SPAW: Motion in writing. Mr. President, I ask unanimous consent for Senate Bill 701 relating to high value datasets of state agencies posted on the internet to be withdrawn from the Committee on State Affairs and rereferred to the Committee on Open Government. Senator Watson, author, Senator Duncan Chair committee from which bill is being withdrawn, Senator Wentworth, Chair committee to which bill is being rereferred.

SENATOR OGDEN: Is there objection to the motion in writing? Senator Hinojosa. Is there objection to the motion in writing? Chair hears none, the motion is adopted. Chair recognizes Senator Fraser for an introduction.

SENATOR FRASER: Thank you, members. If you would allow me, I'm doing an introduction for Senator Estes. He had plane problems today, couldn't be with us. We have a group today representing Cross Trail Outfitters. Mr. Mike Arnold and his family founded Cross Trail Outfitters in San Antonio in 2004. Cross Trail Outfitters is a nonprofit public charity. Their motto is, "Building men, preserving our heritage, sharing our faith." They currently have a full time staff of 11 in Texas and are now in a total of five states. Cross Trail Outfitters is a relationship mentorship group for boys ages seven to 20. They work to connect with kids to a common interest in hunting and fishing as well as an international mission trips and community service products. Through all this they help them grow, mature, godly leaders. I ask that you please join me in welcoming Senator Estes' visitors in the gallery, would you please stand.

SENATOR OGDEN: Members, if there are no objections, I would like to postpone the reading and referral of bills until the end of today's session. Is there objection? Chair hears none, the reading and referral is postponed.

SENATOR ELTIFE: Chair lays out the following resolution. Secretary read the resolution.

PATSY SPAW: Senate Resolution 556 declaring Monday March 21st, 2001 as Educational Technology Day at the State Capitol. By Shapiro.

SENATOR ELTIFE: Chair recognizes Senator Shapiro on the resolution.

SENATOR SHAPIRO: Thank you, Mr. President and members. Today is Computer Education Association's Educational Technology Day at the Capitol, and I'm pleased to have this organization here. This is their first time to have an educational day at the Capitol. They have been founded in 1980, so this has been a long time and y'all should have come long before now. Throughout history they have worked to help teachers, administrators and librarians and other communicators stay on the cutting edge of technological innovation. By working to further integrate technology into curriculum and introduction, TCEA has played and continues to play an important role in encouraging the active use of computers and technology in all educational levels at the state. Through conferences, workshops, conferences with business and higher ed, TCEA has empowered educators to stay ahead of the latest technological advances. It's because of this great work that I am proud today to declare Monday March 21st as Educational Technology Day at the State Capitol. It's the outstanding work that these individuals do in helping to prepare Texas students for life and beyond and all of the things they're doing inside and outside the classroom in our global technology driven 21st century. If you would please stand, which you all can see in those bright yellow/orange T-shirts, we're so happy to have you here for those that can't read that far and I can't, I'll read my script and their shirts say, "Technology Spoken Here." Very good phrase, I like that. Would you please join me in recognizing these hard working and wonderful individuals who help our students and educators every single day get more involved in technology in the 21st century. Thank you all for being here.

SENATOR ELTIFE: Thank you, Senator Shapiro. Senator Patrick is recognized on the resolution.

SENATOR PATRICK: Thank you, Mr. President. Thank you, Senator Shapiro, for bringing this resolution. I had the great privilege of speaking to the group this morning at breakfast, and I want to thank you for your new interest in how the process works, which is terrific, and to have your involvement in the process as it moves forward because as educators and those of us, all of us on the floor who consider education a priority, technology is going to be at the forefront of everything we do in the future. So we appreciate your leadership, you're laying the foundation today and have been for the last several years. You're laying the foundation today of what the education of the future is going to be. So I appreciate your efforts, and I appreciate you all being here today. Thank you. Thank you, Senator Shapiro.

SENATOR ELTIFE: Thank you, Senator Patrick. Senator Shapiro to close on the resolution.

SENATOR SHAPIRO: Thank you, Mr. President and members. I move adoption of Senate Resolution 556 at this time.

SENATOR ELTIFE: Members, is there objection to the adoption of the resolution at this time? Hearing none, resolution is adopted. Thank you, Senator.

SENATOR SHAPIRO: Thank you very much.

SENATOR ELTIFE: Members, that completes the morning call. Senator Hegar is recognized for a motion to suspend the regular order of business on SB647.

SENATOR HEGAR: Thank you, Mr. President and members. The Texas Legislature created the Office of Public Insurance Counsel in 1991. OPEC represents the interest of consumers as a class in insurance matters. OPEC was under the Sunset Review in the last cycle, and the Sunset Commission voted to continue the agency for 12 more years and pass OPEC Sunset Bill over to the House last legislative session but ultimately it died, so therefore, OPEC was back under review again. And once again the Sunset Advisory Commission voted to continue OPEC for another 12 years and I would move to suspend the Senate's regular of business to take up and consider Senate Bill 647.

SENATOR ELTIFE: Senator Hegar moves to suspend the Senate's regular order of business to take up and consider SB647. Is there objection? Chair hears none, the rules are suspended. Chair lays out on second reading SB647. Secretary read the caption.

PATSY SPAW: Senate Bill 647 relating to the continuation and operation of the Office of Public Insurance Counsel.

SENATOR ELTIFE: Senator Hegar is recognized for a motion.

SENATOR HEGAR: Mr. President, move passage to engrossment of Senate Bill 647.

SENATOR ELTIFE: Senator Hegar moves passage to engrossment. Is there objection? Hearing none, SB647 is passed to engrossment. Senator Hegar is now recognized for a motion to suspend the constitutional three day rule.

SENATOR HEGAR: So moved.

SENATOR ELTIFE: Secretary will call the role.

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

SENATOR ELTIFE: 29 ayes, one nay, the rule is suspended. The Chair lays out on third reading and final passage SB647. Secretary, read the caption.

PATSY SPAW: SB647 relating to the continuation and operation of Office of Public Insurance Counsel.

SENATOR ELTIFE: Senator Hegar is recognized for a motion.

SENATOR HEGAR: Move for final passage of Senate Bill 647.

SENATOR ELTIFE: Senator Hegar moves for final passage of SB647. Secretary, call the role.

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

SENATOR ELTIFE: 30 ayes and no nays, SB647 is finally passed. Thank you, Senator Hegar.

SENATOR OGDEN: Chair recognizes Senator Ellis for an introduction.

SENATOR ELLIS: Thank you, Mr. President and members. I have the new president of the Houston Independent School District Board here today. She's an outstanding A&M graduate, Mr. President. Would you please welcome Paula Harris to the chamber today.

LT. GOVERNOR DEWHURST: Members, Senator Harris is recognized for a motion to suspend the regular order of business to take up and consider Senate Bill 309.

SENATOR HARRIS: Thank you, Mr. President. I move to suspend the regular order of business to take up and consider Senate Bill 309 at this time. This bill relates to the major events trust fund and list of eligible events. I move suspension, Mr. President.

LT. GOVERNOR DEWHURST: Thank you, Senator Harris. Members, you've heard the motion by Senator Harris. Is there objection from any member? The Chair hears no objection from any member, and the rule is suspended. The Chair lays out on second reading Senate Bill 309. The secretary will read the caption.

PATSY SPAW: Senate Bill 309 relating to the events eligible to receive funding for major events trust fund.

LT. GOVERNOR DEWHURST: The Chair lays out Floor Amendment No. 1 by Senator Harris.

SENATOR HARRIS: Mr. President, this simply adds an (inaudible) association to the events. Move the adoption of the amendment.

LT. GOVERNOR DEWHURST: Members you, have head the motion by Senator Harris. Is there objection from any member? Chair hears no objection, and Floor Amendment No. 1 is adopted. The Chair recognizes Senator -- the Chair lays out Floor Amendment No. 2 by Senator Shapiro.

SENATOR HARRIS: It's acceptable.

PATSY SPAW: Floor Amendment No. 2 by Shapiro --

SENATOR SHAPIRO: Well, if it's acceptable, I am done.

LT. GOVERNOR DEWHURST: Do you mind if I ask Senator Shapiro to explain it? The Chair recognizes Senator Shapiro on Floor Amendment No. 2.

SENATOR SHAPIRO: Thank you very much, Mr. President. And thank you, Senator Harris. Members, this amendment to Senator Harris' bill is to evaluate the events that are funded through the major events trust fund. We seem to be putting more and more activities into this fund and the controller would perform a review within 18 months after the disbursement to measure the economic impact directly attributable to the event, the controller would post the results of this study on the web site so that people can examine the outcomes of those events that we use major events trust fund for. And as you have heard, this is acceptable to the author. And I do believe that the nice thing about this is transparency, as Senator Nelson just said, is the name of the game and these funds, as we have seen, are very popular. Senator Harris already mentioned to me several others that would like to be included in this. So I think as long as it's transparent and we see where those dollars are going, and we understand the impact that they have, I have absolutely no problem with this. And I thank you, Senator Harris.

SENATOR HARRIS: Senator Shapiro, I am very excited about your amendment. I just wish I had foresight to put it in the original bill.

SENATOR SHAPIRO: Well, I have very good staff, thank you.

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

SENATOR BIRDWELL: Just to speak on behalf of the amendment.

LT. GOVERNOR DEWHURST: You're recognized.

SENATOR BIRDWELL: Thank you, Mr. President. Thank you, Senator Shapiro, for bringing this important amendment, you're absolutely right, it brings some teeth -- in the Army, what we call an after action review, let's find out what we've actually done. So this is a great amendment, as you and Senator Harris have said, to help get us some feedback on how this program is working and where we can make additions or deletions as appropriate. Thank you, Senator Shapiro.

SENATOR SHAPIRO: Thank you very much, Senator Birdwell.

LT. GOVERNOR DEWHURST: The Chair recognizes Senator Shapiro to close.

SENATOR SHAPIRO: Move adoption of Floor Amendment No. 2.

LT. GOVERNOR DEWHURST: Members, you've heard the motion by Senator Shapiro. It's acceptable to the author, Senator Harris. Is there objection from any member? Chair hears no objection from any member, and the amendment is adopted.

SENATOR SHAPIRO: Thank you very much.

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

SENATOR HARRIS: Mr. President, I move passage of Senate Bill 309 as amended to engrossment.

LT. GOVERNOR DEWHURST: Members, you have heard the motion by Senator Harris. Is there objection from any member? Chair hears no objection from any member, and Senate Bill 309 as amended passes to engrossment. The Chair recognizes Senator Harris for a motion to suspend the constitutional rule that bills be read on three several days.

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

LT. GOVERNOR DEWHURST: Members, you have heard the motion by Senator Harris. The secretary will call the role.

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

LT. GOVERNOR DEWHURST: There being 29 ayes and one nay, the rule is suspended. The Chair lays out on third reading and final passage of Senate Bill 309 as amended. The secretary will read the caption.

PATSY SPAW: Senate Bill 309 relating to the events eligible to receive funding for major events trust fund.

LT. GOVERNOR DEWHURST: The Chair recognizes Senator --

SENATOR HARRIS: Members, I move final passage.

LT. GOVERNOR DEWHURST: Members, you have heard the motion by Senator Harris. The secretary will call the role.

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

LT. GOVERNOR DEWHURST: There being 30 ayes and no nays, Senate Bill 309 as amended is finally passed.

SENATOR HARRIS: Thank you, Mr. President.

LT. GOVERNOR DEWHURST: Thank you, Senator. The Chair recognizes Senator Watson for a motion to suspend the Senate's regular order of business to take up and consider committee substitute to Senate Bill 822.

SENATOR WATSON: Thank you, Mr. President, members. I move to suspend the Senate's regular order of business to take up and consider at this time the committee substitute to Senate Bill 822 which would change the definition of "medical group" to include faculty, practice plans at the state health-related institutions like MD Anderson so that newly hired physicians would be able to avail themselves of the expedited credentialing process under the insurance code. I must have to suspend the Senate's regular order of business.

LT. GOVERNOR DEWHURST: Thank you, Senator Watson. Members, you've heard the motion by Senator Watson. Is there objection from any member? Chair hears no objection from any member, and the rule is suspended. Chair lays out on second reading committee substitute to Senate Bill 822. The secretary will read the caption.

PATSY SPAW: Committee substitute to Senate Bill 822 relating to expediting credentialing of certain physicians by managed care plan.

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

SENATOR WATSON: Mr. President, I move passage of committee substitute to Senate Bill 822 to engrossment.

LT. GOVERNOR DEWHURST: Members, you have heard the motion by Senator Watson. Is there objection from any member? The Chair hears no objection from any member, and the committee statute to Senate Bill 822 passes to engrossment. Chair recognizes Senator Watson for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR WATSON: So moved, Mr. President.

LT. GOVERNOR DEWHURST: Members, you have heard the motion by Senator Watson. The secretary will call the role.

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

LT. GOVERNOR DEWHURST: There being 29 ayes and one nay, the rule is suspended. The Chair lays out on third reading and final passage committee substitute to Senate Bill 822. The secretary will read the caption.

PATSY SPAW: Committee substitute to Senate Bill 822 relating to expedited credentialing of certain physicians by managed care plan.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Watson for a motion.

SENATOR WATSON: Mr. President, I move final passage of committee substitute to Senate Bill 822.

LT. GOVERNOR DEWHURST: Thank you, Senator Watson. Members, you have heard the motion by Senator Watson. The secretary will call the role.

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

LT. GOVERNOR DEWHURST: There being 30 ayes and no nays, the committee substitute to Senate Bill 822 is finally passed.

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

LT. GOVERNOR DEWHURST: The Chair recognizes Senator Seliger for a motion to suspend the Senate's regular order of business to take up and consider Senate Bill 809.

SENATOR SELIGER: Thank you, Mr. President. I move to suspend the Senate's regular order of business to take up and consider the committee substitute to Senate Bill 809 at this time relating to judicial review of certain worker's compensation disputes. The 81st Texas Legislature passed House Bill 4545 changing the time frame to appeal income benefits, administrative decisions from 40 to 45 days but failed to address a codified timeframe for parties appealing medical benefits into district court. The committee substitute to Senate Bill 809 would give a party the same timeframe to appeal the medical dispute decision as an income benefit decision. Specifically a party would be provided 45 days to appeal both matters to district court. I move suspension.

LT. GOVERNOR DEWHURST: Members, you have heard the motion by Senator Seliger. Is there objection from any member? The Chair hears no objection, the rule is suspended. The Chair lays out on second reading Senate Bill 809. The secretary will read the caption.

PATSY SPAW: Committee substitute to Senate Bill 809 relating to judicial review in district court of certain worker's compensation disputes.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Seliger for a motion.

SENATOR SELIGER: Mr. President, I move passage to engrossment of committee substitute to Senate Bill 809.

LT. GOVERNOR DEWHURST: Members, you have heard the motion by Senator Seliger. Is there objection from any member? The Chair hears no objection from any member, and committee substitute to Senate Bill 809 passes to engrossment. The Chair recognizes Senator Seliger for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR SELIGER: Thank you, Mr. President. I move suspension of the three day rule, the bills must be heard on three several days to committee statute to Senate Bill 809.

LT. GOVERNOR DEWHURST: Thank you, Senator. Members, you have heard the motion by Senator Seliger. The secretary will call the role.

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

LT. GOVERNOR DEWHURST: There being 29 ayes and one nay, the rule is suspended. The Chair lays out on final passage Senate Bill 809, the secretary will read the caption.

PATSY SPAW: Committee substitute to Senate Bill 809 relating to judicial review in district court to certain worker's compensation disputes.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Seliger for a motion.

SENATOR SELIGER: Thank you, Mr. President. I move final passage of committee substitute to Senate Bill 809.

LT. GOVERNOR DEWHURST: Thank you, Senator. Members, you have heard the motion by Senator Seliger. The secretary will call the role.

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

LT. GOVERNOR DEWHURST: There being 30 ayes and no nays, Senate Bill 809 is finally passed.

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

LT. GOVERNOR DEWHURST: The Chair recognizes Senator Nichols for a motion to suspend the Senate's regular order of business to take up and consider Senate Bill 304.

SENATOR NICHOLS: Thank you, Mr. President. I move to suspend the Senate's regular order of business to take up and consider Senate Bill 304. Members, Senate Bill 304 is a refile of Senate Bill 1473 from last session, it was passed unanimously out of the Senate. Specifically 304 authorizes a hospital district or public hospital to implement an employment service program, it is permissive, not required. We all have hospitals in our district to provide indigent care services, and many times these Texans are in need of more than just health care. Frequently they need assistance to find gainful employment. Senate Bill 304 allows a public hospital or hospital district to offer an employment services program consistent with Human Resources Chapter 31. This is the same section of law that governs our financial assistance and service programs, encouraging self-sufficiency. Each individual hospital district or public hospital would be responsible for implementing the program if they so choose to use that. With that, I move suspension of the Senate's regular order of business.

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

SENATOR WEST: Just a question, Mr. President.

LT. GOVERNOR DEWHURST: Will Senator Nichols yield to Senator West?

SENATOR NICHOLS: Yes.

SENATOR WEST: Senator Nichols, I supported you last session on this bill and intend to do so again this session. I just want to make certain -- I just want to make certain that if a person fails to sign up, do they lose their benefits?

SENATOR NICHOLS: I don't think the hospital can take their benefits away. It's all the local board, you know, your decisions are put together in a local area, so each individual board that's either appointed or elected represents that area.

SENATOR WEST: Okay. But I mean, they're -- if a person doesn't sign up, is there any penalty associated with that?

SENATOR NICHOLS: I don't think they can take that away from --

SENATOR WEST: So there is no penalty associated?

SENATOR NICHOLS: That's my understanding.

SENATOR WEST: Okay. Thank you.

LT. GOVERNOR DEWHURST: Members, you have heard the motion by Senator Nichols, is there objection from any member? Chair hears no objection, and the rule is suspended. Chair lays out on second reading Senate Bill 304. The secretary will read the caption.

PATSY SPAW: Senate Bill 304 relating to employment services for programs for certain residents receiving service from public hospitals or hospital districts.

LT. GOVERNOR DEWHURST: Thank you, Madam Secretary. The Chair recognizes Senator Nichols for a motion.

SENATOR NICHOLS: Mr. President, members, I move passage of Senate Bill 304 to engrossment.

LT. GOVERNOR DEWHURST: Thank you. Members, you have heard the motion by Senator Nichols. Is there objection from any member? The Chair hears no objection from any member, and Senate Bill 304 passes to engrossment. Chair recognizes Senator Nichols for a motion to suspend the constitutional rule that bills be read on three several days.

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

LT. GOVERNOR DEWHURST: Thank you. Members, you have heard the motion by Senator Nichols. Secretary will call the role.

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

LT. GOVERNOR DEWHURST: There being 29 ayes and one nay, the rule is suspended. The Chair lays out on third reading and final passage Senate Bill 304. The secretary will read the caption.

PATSY SPAW: Senate Bill 304 relating to employment services for programs for certain residents receiving services from public hospitals or hospital districts.

LT. GOVERNOR DEWHURST: Thank you. The Chair recognizes Senator Nichols for a motion.

SENATOR NICHOLS: Mr. President, members, I move final passage of Senate Bill 304.

LT. GOVERNOR DEWHURST: Thank you. Members, you have heard the motion by Senator Nichols. The secretary will call the role.

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

LT. GOVERNOR DEWHURST: There being 30 ayes and no nays, Senate Bill 304 is finally passed.

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

LT. GOVERNOR DEWHURST: Yes, sir. Chair recognizes Senator Hegar for a motion to suspend the Senate's regular order of business to take up and consider Senate Bill 987.

SENATOR HEGAR: Thank you, Mr. President and members. The purpose of the proposed legislation is to broaden the Colorado County Groundwater District's precincts in order to get candidates to run for office. One of the directors' positions has been vacant for the past year, and the proposed legislation would keep seven directors but have three at-large positions. We can correct this problem to a local groundwater district in Senate District 18. And I would move to suspend the Senate's regular order of business to take up and consider Senate Bill 987.

LT. GOVERNOR DEWHURST: Thank you, Senator. Members, you have heard the motion by Senator Hegar. Is there objection from any member? Chair hears no objection from any member, and the rule is suspended. Chair lays out on second reading Senate Bill 987, the secretary will read the caption.

PATSY SPAW: Senate Bill 987 relating to the term of office and qualifications for a director of the Colorado County Groundwater Conservation District.

LT. GOVERNOR DEWHURST: Thank you, Madam Secretary. Chair recognizes Senator Hegar for a motion.

SENATOR HEGAR: Thank you, Mr. President. Move passage to engrossment.

LT. GOVERNOR DEWHURST: Members, you've heard the motion by Senator Hegar. Is there objection from any member? Chair hears no objection, and Senate Bill 987 passes to engrossment. Chair recognizes Senator Hegar for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR HEGAR: Thank you, Mr. President. Move to suspend the Senate's three day rule on Senate Bill 987.

LT. GOVERNOR DEWHURST: Members, you've heard the motion by Senator Hegar. The secretary will call the role.

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

LT. GOVERNOR DEWHURST: There being 29 ayes and one nay, the rule is suspended. Chair lays out on third reading and final passage Senate Bill 987.

PATSY SPAW: Senate Bill 987 relating to the term of office and qualifications for a director of the Colorado County Groundwater Conservation District.

LT. GOVERNOR DEWHURST: Thank you. Chair recognizes Senator Hegar for a motion.

SENATOR HEGAR: Thank you, Mr. President. Move final passage of Senate Bill 987.

LT. GOVERNOR DEWHURST: Members, you have heard the motion by Senator Hegar. The secretary will call the role.

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

LT. GOVERNOR DEWHURST: There being 30 ayes and no nays, Senate Bill 987 is finally passed. The Chair recognizes Senator Uresti for a motion to suspend the Senate's regular order of business to take up and consider committee substitute to Senate Bill 341.

SENATOR URESTI: Thank you, Mr. President, members. Good afternoon. I move to suspend the Senate's regular order of business to take up and consider committee substitute to Senate Bill 341 on second reading. Senator Hegar, this bill relates to the appointment of a conservator and authorizes a vote on the dissolution of Bexar Met Water District. The bill would put in place a temporary conservator for the utility and would allow district customers who are registered voters to vote on dissolving the district and transferring its assets to the San Antonio water system. As you all know, members, Bexar Met has an unsettled history over the last several years leading this legislature four years ago to create an oversight committee to monitor the agency and try to get it back on track. The board has fired the past three general managers, one of them after his indictment for allegedly wiretapping Bexar Met managers. This bill is designed to empower the customers of Bexar Met and let them decide the future of their water service. They would do that with the basic one person, one vote democracy. I'm here to advocate for the customers of Bexar Met and their right to hold the utility accountable at the ballot box. The intent of this bill is to make sure that every voice is counted and that the registered voters in the district have the choice to decide what is best for them instead of having Austin dictate what will work. We have spent a lot of time, members, and energy ensuring that the election will pass free clearance. And finally under committee substitute to Senate Bill 341, TSEQ would appoint a temporary conservator for Bexar Met and hold a vote on the next uniform election date after preclearance under the Federal Vote Rights Act. It is the intent of this bill that (inaudible) will honor all existing contracts. And with that, Mr. President, I move to suspend the Senate's regular order of business.

LT. GOVERNOR DEWHURST: Thank you, Senator. Members, you have heard the motion by Senator Uresti, is there objection from any member? The Chair hears no objection from any member, and the rule is suspended. Chair lays out on second reading a committee substitute to Senate Bill 341. The secretary will read the caption.

PATSY SPAW: Committee substitute to Senate Bill 341 relating to the appointment of a conservator for and authorizing the dissolution of the Bexar Metropolitan District.

LT. GOVERNOR DEWHURST: The Chair lays out Floor Amendment No. 1 by Senator Uresti. The secretary will read the amendment.

PATSY SPAW: Floor Amendment No. 1 by Uresti.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Uresti to explain Floor Amendment No. 1.

SENATOR URESTI: Thank you, Mr. President, members. This is an amendment that I worked out with many of the House members in order to perfect our bill, and essentially this would provide additional protection for Bexar Met employees who are five years close to retirement should the voters decide to dissolve Bexar Met. And with that, I move adoption of Floor Amendment No. 1.

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

PATSY SPAW: Floor Amendment No. 2 by Wentworth.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Wentworth to explain Floor Amendment No. 2.

SENATOR WENTWORTH: Thank you, Mr. President. This important legislation has gone through several revisions and many provisions in Floor Amendment No. 2 for committee substitute for Senate Bill 341, simply clean up the language and give it conformity. Floor Amendment No. 2 modifies Article II, addressing the dissolution election measures, the language regarding preclearance in this article was removed and added to a catch all preclearance provision that this amendment creates in Article IV. Several portions of the committee substitute may require preclearance, and the catch all provision provides flexibility for potential delays related to that process. This amendment further ensures that other deadlines such as those related to board member terms and bonding provisions are extended in case of preclearance delays. Floor Amendment No. 2 modifies Article IV Section 52 A and B of the committee substitute to more specifically define the procedures that would follow a vote to dissolve the district. Changes to section 50 of the committee substitute clarify that all Bexar Met contracts are transferred to SAWS if Bexar Met is dissolved. It also gives the San Antonio water system the ability to review and terminate Bexar Met contracts that are entered into after passage of this legislation but prior to the San Antonio water system assuming management and operation functions. Section 52 of the committee substitute clarifies that SAWS would integrate the services and infrastructure of the district within five years and could suffer a penalty assessed by the TCEQ if it fails to do so. This amendment clarifies the circumstances under which a penalty would be assessed. Finally the amendment requires the San Antonio water system to create an advisory committee to represent Bexar Met customers who reside in an area outside of the city limits to facilitate communication between those citizens and San Antonio water system board and to ensure their opportunity to voice issues and concerns. Mr. President, I move adoption of Floor Amendment No. 2.

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

SENATOR VAN DE PUTTE: Will Senator Wentworth yield for a question?

LT. GOVERNOR DEWHURST: Will Senator Wentworth yield?

SENATOR WENTWORTH: Happy to yield.

SENATOR VAN DE PUTTE: Thank you, Senator Wentworth. And my appreciation to Senator Uresti and to you for working on this. I had been going on the assumption of Senator Uresti's bill as this deals with Bexar Met and if you could since -- and I'm sorry, I have not seen this language before. Could you go over really quickly, you had said something that this -- I know this is language that provides a better stability and actually very much a transparency as to what happens with the assets of Bexar Met. Would you go over again, I heard something about voting rights or is there something in here that would preclude any litigation should any measure of this bill through dissolution be found in violation of the Voting Rights Act?

SENATOR WENTWORTH: No, ma'am, there's nothing that we could do up here, as you know, that would preclude anybody from filing a lawsuit for any reason any time. Although we from time to time try to do that, there's nothing specifically in my amendment, there's nothing that would preclude a lawsuit being brought. We tried to make it easier though in case preclearance is required.

SENATOR VAN DE PUTTE: And Senator, on page four of the language, can you tell me -- and the reason that I'm asking is that I know that in Bexar Met and Senator Uresti has the majority of the rate payers, and I thought that you had the next number but I thought actually with the fast growth in the district that I represent the second number of rate payers actually falls in my district. There was some particular projects that Bexar Met had promised the constituents that had already been approved by the plan. Can you tell me what happens in page 4 of your language under subsection E, what happens in those areas of that service where they have already promised those types of projects and plans? Does this say they start over or does this continue them?

SENATOR WENTWORTH: This continues them, contracts that have been entered into are continued with the San Antonio water system even after this bill has passed. The only thing that would happen is the new entity would be able to review any contracts that may be entered into after the legislation is passed. But any contract that is entered into prior to the legislation being passed would continue into effect.

SENATOR VAN DE PUTTE: Okay. Let me ask you a really important question, because this has to do with some of the projects that are currently on the board. If they've got an RFP out for a project and it is before the passage of this legislation, would that project be able to go forward if the contract had not been executed or if it's only for projects that are already signed as of the date this legislation passes?

SENATOR WENTWORTH: My judgment is that they could go forward if the new entity decided to, but it actually has been entered into as a contract. I don't think there's any obligation under this bill or my amendment that would require the RFP to go forward. They'd have the same opportunity to discretion to do with the proposals that the Bexar Met board would be able to do right now, and that is if they get the proposals and they don't want to go forward with the project, they just don't enter into a contract.

SENATOR VAN DE PUTTE: I know we have talked in regard to some sort of advisory committee, could you go over really quickly who appoints the advisory committee and is there representation on that advisory committee from all rate payers including those that are outside of the Bexar county lines?

SENATOR WENTWORTH: It's specifically designed for those people who live outside the city limits, and they're appointed by the commissioner's court of the different counties and they include either residents or business owners that operate within the service area.

SENATOR VAN DE PUTTE: Thank you, Senator Wentworth. Mr. President, I don't have an other questions. Thank you very much.

SENATOR WENTWORTH: Very welcome.

LT. GOVERNOR DEWHURST: Senator Jackson, did you wish to -- the Chair recognizes Senator Uresti on Floor Amendment 2.

SENATOR URESTI: Thank you, Mr. President, members, Senator Wentworth, thank you for bringing this amendment, members. The amendment is acceptable to the author, and there is no fiscal note.

LT. GOVERNOR DEWHURST: Members, Senator Wentworth moves the adoption of Floor Amendment No. 2. It's acceptable to the author, Senator Uresti. Is there objection from any member? The Chair hears no objection from any member, and Floor Amendment No. 2 is adopted. Chair recognizes Senator Uresti for a motion.

SENATOR URESTI: Mr. President, members, I move passage to engrossment of committee substitute to Senate Bill 341 as amended.

LT. GOVERNOR DEWHURST: Thank you, Senator. Members, you've heard the motion by Senator Uresti. Is there objection from any member? Chair hears no objection, and committee substitute to Senate Bill 341 as amended passes to engrossment. Chair recognizes Senator Uresti for a motion to suspend the constitutional rule where bills must be read for three several days.

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

LT. GOVERNOR DEWHURST: Members, you've heard the motion by Senator Uresti. The secretary will call the role.

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

LT. GOVERNOR DEWHURST: There being 28 ayes and two nays, the rule is suspended. The Chair lays out on third reading and final passage committee substitute to Senate Bill 341 as amended. The secretary will read the caption.

PATSY SPAW: Committee substitute to Senate Bill 341 relating to the appointment of a conservator for and authorizing the dissolution of the Bexar Metropolitan Water District.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Uresti for a motion.

SENATOR URESTI: Thank you, Mr. President. I move final passage of committee substitute of Senate Bill 341 as amended.

LT. GOVERNOR DEWHURST: Thank you. Members, you have heard the motion by Senator Uresti. The secretary will call the role.

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

LT. GOVERNOR DEWHURST: There being 29 ayes and one nay, the committee substitute to Senate Bill 341 as amended is finally passed.

SENATOR URESTI: Thank you. Senator Hegar, when you're ready. Chair recognizes Senator Hegar for a motion to suspend the Senate's regular order of business to take up and consider Senate Bill 520.

SENATOR HEGAR: Thank you, Mr. President and members. Senate Bill 520 amends chapter 387 of local government code relating to county assistance districts to clear up four issues. No. 1 under current law it is unclear whether a county may establish more than one assistance district. The bill will clarify to allow counties to create more than one county assistance district. No. 2, the bill will clarify the county's authority to add or include land to or from county assistance districts. No. 3, the bill allows the county to establish the maximum sales and use tax that may be levied by an assistance districts in accordance with the limitations of general law. And then No. 4, the bill adds that a commissioner's court may choose to appoint districts that serve as the board of directors rather than the county commissioner serving as the board of directors. And I would move to suspend the Senate's regular order of business to take up and consider Senate Bill 520.

LT. GOVERNOR DEWHURST: Thank you, Senator Hegar. Members you've heard the motion by Senator Hegar. Is there objection from any member? The Chair hears no objection from any member. And the rule is suspended. The Chair lays out on second reading Senate Bill 520. The secretary will read the caption.

PATSY SPAW: Senate Bill 520 relating to the creation of the administration powers of county duties of county assistance districts.

LT. GOVERNOR DEWHURST: The Chair lays out committee amendment No. 1 by Senator Watson. But I'm going to recognize Senator Hegar on the amendment.

SENATOR HEGAR: Thank you, Mr. President and members. The committee amendment addresses the concerns of utility and cable providers that limits each county assistance district to a single sales tax rate. This was an issue brought to us, and my good friend Senator Watson offered that up as a committee amendment to solve that problem. And I move adoption of Committee Amendment No. 1.

LT. GOVERNOR DEWHURST: Members, you've heard the motion by Senator Hegar. Is there objection from any member as to the adoption of Floor Amendment -- or rather committee amendment No. 1? Chair hears no objection, and committee amendment No. 1 is adopted. Chair recognizes Senator Hegar for a motion.

SENATOR HEGAR: Thank you, Mr. President. Move passage to engrossment of Senate Bill 520 as amended.

LT. GOVERNOR DEWHURST: Thank you. Members, you've heard the motion by Senator Hegar. Is there objection from any member? The Chair hears no objection from any member, and Senate Bill 520 is amended, passes to engrossment. Chair recognizes Senator Hegar for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR HEGAR: Move the Senate's suspension of the three day rule on Senate Bill 520.

LT. GOVERNOR DEWHURST: Thank you, Senator. Members, you have heard the motion by Senator Hegar. The secretary will call the role.

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

LT. GOVERNOR DEWHURST: There being 29 ayes and one nay, the rule is suspended. Chair lays out on third reading and final passage, Senate Bill 520 as amended. The secretary will read the caption.

PATSY SPAW: Senate Bill 520 relating to the creation of administrative powers and duties of a county assistance district.

LT. GOVERNOR DEWHURST: Thank you. The Chair recognizes Senator Hegar for a motion.

SENATOR HEGAR: Thank you, Mr. President. Move final passage of Senate Bill 520 as amended.

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

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

LT. GOVERNOR DEWHURST: There being 30 ayes and no nays, Senate Bill 520 as amended is finally passed. Members, this is the last bill that we have for today. Chair recognizes Senator Uresti for a motion to suspend the Senate's regular order of business to take up and consider committee substitute to Senate Bill 116.

SENATOR URESTI: Thank you, Mr. President. Members, if you liked the Bexar Met bill, you're going to love this bill. Senate Bill 116 relates to protective orders against dating violence. This was Senate Bill 384 last session which passed to engrossment, 31 to 0, and unfortunately died due to the House chubbing last session. The bill will redefine dating violence in the family code such that third parties are eligible to apply for protective orders against their current or former significant others, current or former boyfriend, girlfriend or spouse. There was a committee amendment that simply names the Christy Applebee Act honoring -- in memory of a woman who was murdered by her former boyfriend's ex-wife, highlighting the need for Senate Bill 116. With that, Mr. President, I move to suspend the Senate's regular order of business to take up and consider Senate Bill 116 on second reading.

LT. GOVERNOR DEWHURST: Is there objection from any member? Chair hears no objection, and the rule is suspended. Chair lays out on second reading -- the Chair lays out on second reading committee substitute to Senate Bill 116. The secretary will read the caption.

PATSY SPAW: Committee substitute to Senate Bill 116 relating to protective orders against dating violence.

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

SENATOR URESTI: Thank you, Mr. President, I move passage to engrossment of Senate Bill 116.

LT. GOVERNOR DEWHURST: Thank you, Senator. Is there objection from any member? The Chair hares no objection, and the committee substitute to Senate Bill 116 passes to engrossment. Chair recognizes Senator Uresti for a motion to suspend the constitutional rule that bills be read on three several days.

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

LT. GOVERNOR DEWHURST: Thank you, Senator. Members, you have heard the motion by Senator Uresti. The secretary will call the role.

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

LT. GOVERNOR DEWHURST: There being 29 ayes and one nay, the rule is suspended. Chair lays out on third reading and final passage committee substitute to Senate Bill 116. The secretary will read the caption.

PATSY SPAW: Committee substitute to Senate Bill 116 relating to protective orders against dating violence.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Uresti for a motion.

SENATOR URESTI: Thank you, Mr. President. I move final passage of Senate Bill 116.

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

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

LT. GOVERNOR DEWHURST: There being 30 ayes, and no nays the committee substitute to Senate Bill 116 is finally passed.

SENATOR URESTI: Thank you, Mr. President.

LT. GOVERNOR DEWHURST: Members, the president's desk is clear. Are there announcements? Chair recognizes Senator Eltife for an announcement.

SENATOR ELTIFE: Thank you, Mr. President and members, the Senate Committee on Administration will meet today to certify bills for the next local and uncontested calendar which will be this Thursday at 8:00 a.m. We will meet at 3:00 o'clock in room E1714. That's 15 minutes from now. Also the deadline to turn in bills to have considered for next week's local and uncontested calendar is this Thursday March 24th at 10:00 a.m. Thank you, Mr. President and members.

LT. GOVERNOR DEWHURST: Thank you, Senator Eltife. Chair recognizes Senator Duncan for an announcement.

SENATOR DUNCAN: Thank you, Mr. President and members. I move to suspend the 24 hour posting rule in accordance with Senate rules 11.10 and 11.18 in order for the subcommittee on fiscal matters, which was just appointed today, to meet tomorrow Tuesday March 22nd, 2011, at 8:30 a.m. in the Senate finance committee room E1036. Members, we'll just have an organizational meeting at that time. I don't think it will take long, and then we'll discuss the schedule for the rest of the week. If there are no questions, I move suspension in accordance with the previous motion.

LT. GOVERNOR DEWHURST: Thank you, Senator Duncan. Members, you've heard the motion by Senator Duncan to suspend that rules 11.10 and 11.18 to take up an organizational meeting on the subcommittee on fiscal matters tomorrow. Is there objection from any member? The Chair hears no objection from any member, and the motion is adopted. Chair recognizes Senator Ellis for an announcement.

SENATOR ELLIS: Thank you, Mr. President, members. The Government Organization committee will meet at 3:00 o'clock in the Betty King committee room. It's already posted.

LT. GOVERNOR DEWHURST: Thank you, Senator Ellis. Chair recognizes Senator Ogden for an announcement.

SENATOR OGDEN: Members, the Senate finance committee will reconvene at 3:15.

LT. GOVERNOR DEWHURST: Thank you, Senator Ogden. Are there any additional announcements? There not being additional announcements, the Chair recognizes the Dean of the Senate -- the Chair recognizes the Dean of the Senate for a highly privileged motion.

DEAN OF THE SENATE: Thank you, Mr. President. At this time I believe Senator Lucio had asked me to yield. If we could get a little better order, and I yield to Senator Lucio.

LT. GOVERNOR DEWHURST: Members, members, I'm going to recognize Senator Lucio now. I think he wants to talk about one of --

SENATOR LUCIO: Thank you, Mr. President, if I could have a little order please, members. Members -- thank you, Mr. President. Members, I wish for us to adjourn today in memory of Arturo Jose Aniguez. Mr. Aniguez was an assistant district attorney for Cameron County. He first joined the district attorney's office in 2007. He was a dedicated public servant receiving a degree from the University of Texas at Brownsville in Texas southmost college, graduating Cum Laude in 2006. He is survived by his wife and 2-year-old daughter. Mr. Aniguez died in month inaudible) over the weekend. His death is currently under investigation. I can't speculate about the cause of his death. However, I will say one thing, family life bleeds over the Texas/Mexico border in both directions. Those relationships are wider than the Rio Grande River, higher than the border fence and deeper than its foundations. Despite the violence in northern Mexico, U.S. citizens continue to travel back and forth to Mexico to visit family and conduct business. Our life is a shared life, and our loss is a shared loss. I ask we adjourn in memory of Arturo Jose Aniguez.

LT. GOVERNOR DEWHURST: Thank you, Senator Lucio. Chair recognizes Senator Whitmire.

DEAN OF THE SENATE: Thank you, Mr. President. I move that the Senate adjourn until 11:00 a.m. tomorrow in memory of Arturo Jose Aniguez.

LT. GOVERNOR DEWHURST: Thank you, Dean. Members, you have heard the motion by the dean. Is there objection from any member? The Chair hears no objection, and the Senate will stand adjourned until 11 o'clock tomorrow morning in honor of Arturo Jose Aniguez. (Adjourned.)