Senate Transcript, March 24, 2011

SENATOR OGDEN: The Senate will come to order. Secretary, call the roll.

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

SENATOR OGDEN: A quorum is present. All on the floor and in the gallery please recognize for the invocation to be delivered by Pastor Joseph Parker, Jr., the David Chapel Missionary Baptist Church.

PASTOR: Let us pray. Almighty God, today I pray for our senators as they discuss, they deliberate and decide. May they do justice, love, mercy and walk humbly before You as they resource and help those hurting and in need. It is not easy for them to represent the diverse people of Texas whose many wants cannot all be satisfied. It is not easy to discern which actions will produce the greatest good for the greatest number. It is not easy to withstand the personal temptations that come with power. So bless them with stamina, compassion and integrity to fight for and legislate what is right in Your sight. Protect them from losing their wits, their nerve, mutual respect or souls in the heavy atmosphere of governmental affairs so that Texans may flourish in a state blessed with liberty, peace and justice. In this public setting I am aware that there may be those who do not pray or who do pray but in the of Jaway, Allah, Buddha, or some other name. But I pray in Jesus' name. Amen.

SENATOR OGDEN: Senator Watson is recognized to introduce the pastor.

SENATOR WATSON: Thank you very much, Mr. President, members. I want to take just a brief moment to say thank you to Pastor Parker for giving that wonderful prayer this morning and let you know what a special person this gentleman is both to the state of Texas and to me personally. I first met Pastor Parker back when we were very young. And, in fact, he was on the University of texas mock trial team and I was on the Baylor mock trial team, and we were up in Oklahoma City competing against each other. And I will tell you that when he stood up to give his opening statement and I heard that powerful voice, I knew I was in deep trouble. We both ended up here in Austin, Texas. He followed his calling to be a pastor. His church is a very active part of our community and he has been a special motivating force for me. And so I just wanted to take this opportunity while he is here today offering this prayer to say thank you to him publicly.

SENATOR OGDEN: Thank you. Senator Whitmire moves to dispense with the readings of yesterday's journal. Is there objection? The Chair hears none, it is so ordered. The 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 respect to the following appointments: To be members of the Texas Board of Professional Geoscientists: Becky L. Johnson, Fort Worth; Judy A. Reeves, Grapevine; Gregory C. Ulmer, Houston. To be a member of the Cancer Prevention and Research Institute of Texas Oversight Committee: Faith Johnson, Cedar Hill. To be a member of the Judicial District's Board: Craig T. Emic, Austin. And to be the inspector general for Health and Human Services: Douglas C. Wilson, Pluggerville. Respectfully submitted, Rick Perry, governor of Texas. To nominations.

SENATOR OGDEN: Chair announces the signing of the following in the presence of the Senate.

PATSY SPAW: Senate Concurrent Resolution No. 28 and Senate Concurrent Resolution No. 29.

SENATOR OGDEN: Members, if there's no objection. I'd like to postpone the reading and referral of bills until the end of session. Is there objection? The Chair hears none, the reading and referral is postponed. Members, that completes the morning call. Senator Nichols is recognized for a motion to suspend the regular order of business on Senate Bill 430.

SENATOR NICHOLS: Thank you, Mr. President. I move to suspend the Senate's order of business to take up and consider Senate Bill 430. Currently the Texas Commission on Environmental Quality will notify certain entities when usable groundwater has been or is being contaminated. Within 30 days after the executive director confirms the groundwater has been contaminated and a potential public health hazard exists, written notice is given to the county judge and the county health officer in each county that the contamination has occurred. Any person suspected of contributing to the contamination and any state agency with jurisdiction over any person suspected of contradicting to the contamination. Senate Bill 430 would add the groundwater conservation district to the list of notifications if the contamination has occurred or is occurring in the jurisdiction of the district. TCEQ reports that this would not be a fiscal impact to the agency. With that I move suspension of the Senate's regular order of business.

SENATOR OGDEN: Senator Nichols moves suspension of the regular order of business to take up and consider Senate Bill 430. Is there objection? Hearing none, the rules are suspended. Chair lays out on second reading Senate Bill 430. The secretary will read the caption.

PATSY SPAW: Senate Bill 430 relating to written notice to a groundwater conservation district of groundwater contamination.

SENATOR OGDEN: Senator Nichols is recognized for a motion.

SENATOR NICHOLS: Mr. President and members, I move passage of Senate Bill three -- 430 to engrossment.

SENATOR OGDEN: Is there objection? Hearing none, Senate Bill 430 is passed to engrossment. Senator Nichols is recognized for a motion to suspend the constitutional three day rule.

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

SENATOR OGDEN: Secretary will call the roll.

SENATOR OGDEN: Being 30 ayes and one nay, the constitutional three day rule is suspended. Chair lays out on third reading and final passage Senate Bill 430. The secretary will read the caption.

PATSY SPAW: Senate Bill 430 relating to written notice of groundwater conservation district of groundwater contamination.

SENATOR OGDEN: Senator Nichols is recognized for a motion.

SENATOR NICHOLS: Mr. President, members, I move final passage.

SENATOR OGDEN: Secretary will call the roll.

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

SENATOR NICHOLS: Thank you, Mr. President.

SENATOR OGDEN: Chair recognizes Senator Wentworth to introduce the doctor of the day.

SENATOR WENTWORTH: Thank you, Mr. President. Mr. President and members, it's my privilege to introduce to you our physician of the day, Dr. Tamara Dominguez. Born in Dallas and raised in Little Elm, Dr. Dominguez attended the University of North texas and completed high school at the University of Texas Health Science Center at San Antonio. After finishing her family practice residency in El Paso, Dr. Dominguez returned to San Antonio. A fellow of the American Board of Family Practice, Dr. Dominguez is part of the Health Texas Medical Group of San Antonio. Dr. Dominguez and her husband Michael, a fellow physician, live in San Antonio with their three children. Robert who's 12 years old, and twin daughters Maggie and McKayla who are nine. They all attend San Antonio Christian schools. This is Dr. Dominguez's third time being the doctor of the day. Please join me in welcoming her to the Texas Senate.

SENATOR OGDEN: Chair recognizes Senator Nelson for an introduction.

SENATOR NELSON: Thank you, Mr. President, members. Today I join with Senators Harris and Davis to recognize the Leadership Fort Worth class of 2011, who are up here in the gallery. Fort Worth, as you all know, is a vibrant city known for its friendly residents, its thriving business and cultural attractions. The members of Leadership Fort Worth have outstanding leadership abilities and are committed to building a better community, and we thank them for their civic engagement. I'd like to ask the Leadership Fort Worth class to please stand and, members, help me recognize them. Welcome. Thank you, members. Thank you, Mr. Chairman.

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

SENATOR DAVIS: Thank you, Mr. Chairman. I want to join Senator Nelson and Senator Harris in welcoming the folks from Leadership Fort Worth to the Capitol today, particularly to the Senate gallery. Harriet Harold has guided so many people through this program and they truly are the leaders, the heart, the incredible minds of our community. And we're so pleased to have you here today. And thank you all so much for working to improve your leadership and give back as you so often do and so well do to our community.

SENATOR OGDEN: Chair recognizes Senator Harris.

SENATOR HARRIS: Thank you, Mr. President. To all of you with Fort Worth Leadership, I want to compliment each and every one of you that you committed yourself to a ten month study group to really learn and understand the leadership and to become real leaders of Fort Worth. Sure good to see you here today, and in redistricting I hope I have a lot more Fort Worth. Look forward to working with y'all.

SENATOR OGDEN: Senator Watson is recognized for a motion to suspend the regular order of business on Senate Bill 356.

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 Senate Bill 356 which creates a Texas campaign military medal to recognize Texas military men and women who bravely served in Operations Iraqi Freedom, New Dawn and/or Enduring Freedom. Currently the only existing campaign medal issued by the state of Texas is for Operation Desert Shield and Desert Storm during the first Gulf War in 1990 and '91. And while the federal government has established a U.S. Iraq and Afghan campaign medals, Texas hasn't. So Senate Bill 356 would create a valuable opportunity to honor those Texans who have sacrificed in Iraq and Afghanistan. Mr. President, I move suspension of the rules.

SENATOR OGDEN: Senator Watson moves suspension of the regular order of business to take up and consider Senate Bill 356. Is there objection? Hearing none, the rules are suspended. The Chair lays out on second reading Senate Bill 356. The secretary will read the caption.

PATSY SPAW: Senate Bill 356 relating to awards for certain members of the state military forces inducted into federal service.

SENATOR OGDEN: Senator Watson is recognized for a motion.

SENATOR WATSON: Thank you, Mr. President. I move passage of Senate Bill 356 to engrossment.

SENATOR OGDEN: Senator Ogden moves Senate Bill 356 to engrossment. Is there objection? Hearing none, Senate Bill 356 is passed to engrossment. Senator Watson is recognized for a motion to suspend the constitutional three day rule.

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

SENATOR OGDEN: The secretary will call the roll.

SENATOR OGDEN: 30 ayes and one nay, constitutional three day rule is suspended. The Chair lays out on third reading and final passage Senate Bill 356. The secretary will read the caption.

PATSY SPAW: Senate Bill 356 relating to awards for certain members of the state military forces inducted into federal services in Iraqi Freedom, New Dawn and Operation Freedom.

SENATOR OGDEN: Senator Watson is recognized for a motion.

SENATOR WATSON: Thank you, Mr. President. Members, I move final passage of Senate Bill 356.

SENATOR OGDEN: The secretary will call the roll.

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

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

SENATOR OGDEN: Senator Estes is recognized for a motion to suspend the regular order of business on Senate Bill 478.

SENATOR ESTES: Thank you, Mr. President and members. Members, I move to suspend the Senate's regular order of business to take up and consider at this time Senate Bill 478. Members, there was an incident that happened in north Texas about a year ago where a rancher owned some bison, the bison -- this is the famous Buffalo Bill. Those bison were shot by a neighbor, and there were 50 of them that were killed. Now, this bill does not change the legal classification of bison. They're still classified as wildlife and not livestock, but it simply includes them under the list of animals protected under the stray law. So Mr. President, I move to suspend.

SENATOR OGDEN: Senator Estes moves suspension on the regular order of business to take up and consider Senate Bill 478. Is there objection? Hearing none, the rules are suspended. The Chair lays out on second reading Senate Bill 478. The secretary will read the caption.

PATSY SPAW: Senate Bill 478 relating to protection of stray bison.

SENATOR OGDEN: Senator Estes is recognized for a motion.

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

SENATOR OGDEN: Is there objection? Hearing none, Senate Bill 478 is passed to engrossment. Senator Estes is recognized for a motion to suspend the constitutional three day rule.

SENATOR ESTES: So moved, Mr. President.

SENATOR OGDEN: Senator Estes moves to suspend the constitutional three day rule. The secretary will call the roll.

SENATOR OGDEN: Being 30 ayes and one nay, the constitutional three day rule is suspended. The Chair lays out on third reading and final passage Senate Bill 478. The secretary will read the caption.

PATSY SPAW: Senate Bill 478 relating to the protection of stray bison.

SENATOR OGDEN: Senator Estes is recognized for a motion.

SENATOR ESTES: Thank you, Mr. President. I move final passage of Senate Bill 478.

SENATOR OGDEN: Secretary will call the roll.

SENATOR OGDEN: There being 31 ayes and no nays, Senate Bill 478 is finally passed.

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

SENATOR OGDEN: Senator Carona is recognized for a motion to suspend the regular order of business on Committee Substitute to Senate Bill 762.

SENATOR CARONA: Thank you, Mr. President. Members, when a property owner owes property taxes, the law automatically imposes a lien on the property and an obligation. The owner of the property subject to a lien may then enter into an agreement with a third party lender who pays the amount of taxes owed on the property, then the property owner in turn repays the amount of taxes along with interest to a third party lender. We work with the Office of Consumer Credit Commissioner to advance a number of changes to current law that need to be made in order to be assured that we have proper oversight of this particular type of transaction. The bill clarifies the consumers' federal right of rescission applies to a loan for a tax lien, it sets limitations on fees and costs that can be charged to a consumer by a property tax lender, it caps the allowable interest under a false loan payment, and for privacy reasons it specifies what must be included for a request for payoff information. I move at this time we suspend the Senate's regular order of business.

SENATOR OGDEN: Senator Carona moves to suspend -- excuse me. Senator Hinojosa rises. For what purpose?

SENATOR HINOJOSA: To ask the author a question.

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

SENATOR HINOJOSA: And I apologize, Senator Carona, I just walked in. But is this -- does this deal with notice of a tax lien by e-mail?

SENATOR CARONA: No, sir, not on this bill. I think you may be confusing it with another I've got coming up this morning.

SENATOR HINOJOSA: Convinced. Thank you.

SENATOR CARONA: You're welcome.

SENATOR OGDEN: Senator Carona moves suspension of the regular order of business to take up and consider Committee Substitute to Senate Bill 762. Is there objection? Hearing none, the rules are suspended. The Chair lays out on second reading Committee Substitute to Senate Bill 762. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 762 relating to the transfer of ad valorem tax lien.

SENATOR OGDEN: Senator Carona is recognized for a motion.

SENATOR CARONA: Thank you, Mr. President. I move passage to engrossment Committee Substitute Senate Bill 762.

SENATOR OGDEN: Is there objection? Hearing none, Senate Bill 762 is passed to engrossment. Senator Carona is recognized for a motion to suspend the constitutional three day rule.

SENATOR CARONA: So moved, Mr. President.

SENATOR OGDEN: Senator Carona moves to suspend the constitutional three day rule. The secretary will call the roll.

SENATOR OGDEN: Being 30 ayes and one nay, the constitutional three day rule is suspended. Chair lays out on third reading and final passage Committee Substitute to Senate Bill 762. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 762 relating to the tax for an ad valorem tax lien.

SENATOR OGDEN: Senator Carona is recognized for a motion.

SENATOR CARONA: Senator Ogden, I move final passage of Committee Substitute to Senate Bill 762.

SENATOR OGDEN: The secretary will call the roll.

SENATOR OGDEN: There being 31 ayes and no nays, Committee Substitute to Senate Bill 762 is finally passed.

SENATOR CARONA: Thank you, sir.

SENATOR OGDEN: Senator Nelson is recognized for a motion to suspend the regular order of business on Senate Bill 798.

SENATOR NELSON: Thank you, Mr. President and members. I move to suspend the regular order of business to take up and consider Senate Bill 798. Senate Bill 798 increases the maximum administrative penalty the Department of State Health Services may assess against hospitals, ambulatory surgical centers and end-stage renal disease facilities to be more consistent with penalties for other facilities regulated by the department and to ensure that penalties are significant enough to deter noncompliance. Compliance by our nonhealth care facilities is key to keeping patients healthy and safe. Senate Bill 798 increases the maximum administrative penalty the department may assess against the hospital, ambulatory surgical center and end-stage renal disease physician to $1,000 violation per day -- wait, $1,000 per violation per day to $25,000 for violation per day. It requires that when determining the amount of the penalty, the department can consider the effect of the penalty on a hospital's ability to continue providing services. Mr. President, I move suspension.

SENATOR OGDEN: Senator Nelson moves suspension of the regular order of business to take up and consider Senate Bill 798. Is there objection? Hearing none, the rules are suspended. The Chair lays out on second reading Senate Bill 798. The secretary will read the caption.

PATSY SPAW: Senate Bill 798 relating to the amounts of administrative penalties assessed or imposed against certain health facilities.

SENATOR OGDEN: Senator Nelson is recognized for a motion.

SENATOR NELSON: Move passage of Senate Bill 798 to engrossment.

SENATOR OGDEN: Is there objection? Hearing none, Senate Bill 798 is passed to engrossment. Senator Nelson is recognized for a motion to suspend the constitutional three day rule.

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

SENATOR OGDEN: Secretary will call the roll.

SENATOR OGDEN: Being 30 ayes and one nay, the constitutional three day rule is suspended. The Chair lays out on third reading and final passage Senate Bill 798. The secretary will read the caption.

PATSY SPAW: Senate Bill 798 relating to the amounts of administrative penalties assessed or imposed against certain health facilities.

SENATOR OGDEN: Senator Nelson is recognized for a motion.

SENATOR NELSON: Thank you, Mr. President. I move final passage of Senate Bill 798.

SENATOR OGDEN: The secretary will call the roll.

SENATOR OGDEN: 31 ayes and no nays. Senate Bill 798 is finally passed.

SENATOR NELSON: Thank you, Mr. President. And thank you, members.

SENATOR OGDEN: Senator Patrick is recognized for a motion to suspend the regular order of business on Senate Bill 945.

SENATOR PATRICK: Thank you, Mr. President. Members, I move to suspend the Senate's regular order of business to take up and consider Senate Bill 945. Members, we've all seen the rising enrollments of our community colleges, many of these students start their college education in community colleges and then transfer to a four year institution to work towards a bachelors degree. Once transferred, students often earn enough credits to earn their associates degree in a reverse transfer. In order to increase the number of students receiving an associates degree and ensure students are awarded with an appropriate degree for the work they have completed, Senate Bill 945 would apply to the students who have transferred from a community college to a four year institution with at least 30 credit hours completed, require four year institutions to alert those four year students, once they have met the 90 hours required, require the institution to request authorization from the student to release their transcript to the community college to determine if they have earned the appropriate credits and require the community college to review the transcript upon determining the student has earned enough credits to reward them a degree. In other words, members, many students go to community colleges, they go on to a four year institution, they earn enough credits to get their associates degree but not their bachelors degree. This would assure that they would get their associates degree. And I appreciate all the cosponsors on the bill and I move to suspend the regular order of business.

SENATOR OGDEN: Senator Patrick moves suspension of the regular order of business to take up and consider Senate Bill 945. Is there objection? Hearing none, the rules are suspended. The Chair lays out on second reading Senate Bill 945. The secretary will read the caption.

PATSY SPAW: Senate Bill 945 relating to authorizing a public junior college to reward an associate degree to certain students.

SENATOR OGDEN: Senator Patrick is recognized for a motion.

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

SENATOR OGDEN: Is there objection? Hearing none, Senate Bill 945 is passed to engrossment. Senator Patrick is recognized for a motion to suspend the constitutional three day rule.

SENATOR PATRICK: So moved, Mr. President.

SENATOR OGDEN: Senator Patrick moves to suspend the constitutional three day rule. The secretary will call the roll.

SENATOR OGDEN: Being 30 ayes and one nay, the constitutional three day rule is suspended. The Chair lays out on third reading and football passage Senate Bill 945. The secretary will read the caption.

PATSY SPAW: Senate Bill 945 relating to authorizing a public junior college to reward an associates degree to certain students.

SENATOR OGDEN: Senator Patrick is recognized for a motion.

SENATOR PATRICK: I move final passage.

SENATOR OGDEN: The secretary will call the roll.

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

SENATOR PATRICK: Thank you, Mr. President.

SENATOR OGDEN: Senator Uresti is recognized for a motion to suspend the regular order of business to take up and consider Senate Bill 117.

SENATOR URESTI: Thank you, Mr. President. Members, good morning. Senate Bill 117 relates to allowing municipal owned utilities in certain cities to fund a program to aid low income residents in paying their bills. This bill would put city owned water and sewer utilities in municipalities with populations over million on par with city owned electric and gas utilities. Allowing them to contribute to an internal company fund that assists low income customers in paying their bills and will count that contribution as an operation and maintenance expense. Utilities such as the San Antonio Water System have programs to assist applicant households based on income and family size. Donations from other programs often fall short of the need, which has grown significantly in recent times. This bill would simply remove the restrictive phrase, "electric or gas" opening up the ability for other types of city owned utility and cities over 1 million to make contributions for this type of account if they choose to do so. With that, Mr. President, I move to suspend the Senate's regular order of business to take up and consider Senate Bill 117.

SENATOR OGDEN: Senator Uresti moves suspension of the regular order of business to take up and consider Senate Bill 117. Secretary will call the roll.

SENATOR OGDEN: There being 30 ayes and one nay, the rule is suspended. The Chair lays out on second reading Senate Bill 117. The secretary will read the caption.

PATSY SPAW: Senate Bill 117 relating to allowing municipally owned utility systems in certain cities to fund a program to aid low income residents in paying their bills.

SENATOR OGDEN: Senator Duncan, for what purpose do you rise? No purpose. Senator Uresti you're recognized for a motion. Senator Uresti, I withdraw my recognition. Senator Patrick, do you have a question? For what purpose do you rise?

SENATOR PATRICK: To talk to the author about accepting an amendment.

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

SENATOR PATRICK: Senator Uresti, under your bill it would include Houston as well, potentially?

SENATOR URESTI: That's correct, Senator Patrick.

SENATOR PATRICK: I would like to offer an amendment at the appropriate time to take Houston out.

SENATOR URESTI: Absolutely. I have no objection to that. We could bracket it so that Houston, Harris County, would be exempt. Again, the intent of this bill primarily to address San Antonio Water Systems' issues, so that amendment would be acceptable.

SENATOR PATRICK: Okay. Thank you. At the appropriate time I'd like to offer the amendment.

SENATOR OGDEN: Now is the appropriate time.

SENATOR PATRICK: I would like to -- can you give me a moment?

SENATOR OGDEN: Yes, we'll -- Senate will stand at ease for a moment while Senator Patrick drafts an amendment. Senator Uresti, would you take this as a third reading amendment? Are you going to take this amendment?

SENATOR URESTI: I am, Mr. President.

SENATOR OGDEN: Can we do it on third reading? All right. The following amendment. The secretary will read the amendment.

PATSY SPAW: Floor Amendment No. 1 by Patrick.

SENATOR OGDEN: Senator Patrick is recognized to explain his amendment.

SENATOR PATRICK: Yes, Mr. President, I believe this is acceptable to the author. Brackets out Houston.

SENATOR URESTI: That's correct, Mr. President, it is acceptable.

SENATOR PATRICK: Thank you, Senator.

SENATOR OGDEN: Senator Patrick moves that Floor Amendment No. 1 be adopted. Is there objection? Chair hears none, Floor Amendment No. 1 is adopted. Senator Uresti, you're recognized for a motion.

SENATOR URESTI: Mr. President, members, I move passage to engrossment.

SENATOR OGDEN: Senator Uresti moves passage to engrossment. Is there objection? Secretary call the roll.

SENATOR OGDEN: Senate Bill 117 is passed to engrossment. Senator Uresti is recognized for a motion to suspend the constitutional three day rule.

SENATOR URESTI: So moved, Mr. President.

SENATOR OGDEN: Senator Uresti moves to suspend the constitutional three day rule. The secretary will call the roll.

SENATOR OGDEN: There being 29 ayes and two nays, constitutional three day rule is suspended. The Chair lays out on third reading and final passage, Senate Bill 117. The secretary will read the caption.

PATSY SPAW: Senate Bill 117 relating to allowing municipally owned utility systems in certain cities to fund a program to aid low income residents in paying their bills.

SENATOR OGDEN: Senator Uresti is recognized for a motion.

SENATOR URESTI: Mr. President, I move final passage of Senate Bill 117 as amended.

SENATOR OGDEN: The secretary will call the roll.

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

SENATOR URESTI: Thank you, Mr. President.

SENATOR OGDEN: Members, would you take your seats for a memorial resolution?

SENATOR HARRIS: Whitmire.

SENATOR OGDEN: The Chair lays out the following resolution. The secretary will read the resolution.

PATSY SPAW: Senate Resolution 624. Whereas our former colleague Senator Don Kennard passed away in Austin on March 17th, 2011, and we are sad to lose him and his mischievous smile. We are warmed, however, by the opportunity to memorialize him for the proud legacy he leaves behind to the people of Texas; and whereas Donnell C. Kennard was born on May 6th, 1929, in Houston, at the age of 13 he moved with his family to Fort Worth and became a star football player at Arlington Heights High School. He attended the University of North Texas and Texas Christian University and earned a bachelors degree from the University of Texas at Austin. He went on to become a long-time Texas law maker and a nationally known conservationist; and whereas Senator Kennard was inspired to seek public service while still a young man, in 1952 during his senior year at the University of Texas, he ran for election to the Texas House of Representatives and won his seat. At the time he declared the Fort Worth Star Telegram to them, "I want to go to Austin to represent all the people, not just the few;" and whereas, he served in the House for ten years and became known as a dedicated and respected advocate for education and a strong advocate for the preservation of our state's natural resources. In 1962 the voters of Tarrant County elected him to the Texas Senate where he served with distinction for another ten years on behalf of the people of District 10. He was elected president pro-tem by his colleagues in 1969 for the regular session of the 61st Legislative Session; and whereas, his reputation as a warrior for education was solidified with his filibuster of 29 hours and 22 minutes in the Senate chamber, which was resulted in the votes needed to pass the measure that elevated Arlington State College to the four year institution that became the University of Texas at Arlington; and whereas, after leaving the Senate, by popular demand, as he liked to say, he established and served as the director of the natural area surveys with the Lyndon B. Johnson School of Public Affairs. And whereas, Senator Kennard appropriately will be laid to rest in the Texas State cemetery on Saturday, March 26th alongside a host of giants of Texas history that form a prominent path back to the days of Stephen F. Austin. Now, therefore be it resolved that the Senate of the State of Texas 82nd Legislature hereby express gratitude, admiration and affection for the honorable Don Kennard and pay tribute to his dedicated service toward the betterment of his beloved state. And be it further resolved that when the Senate adjourns this day, it do so in memory of the honorable Donald Kennard. By Harris.

SENATOR OGDEN: Chair recognizes Senator Harris on the resolution.

SENATOR HARRIS: Thank you, Mr. President. Members, today I'm honored to honor the memory of former Senator Don Kennard. We're saddened by his death Thursday. He was a dedicated House member for ten years and certainly a dedicated Senator for ten years serving Tarrant County. Though I did not know Don Kennard well, of course, I did know him and, of course, he leaves behind a great legacy. Today joining us in the gallery are members of his family wife Mary Jo, daughter Paige Smith, and their granddaughter Danesa Smith. Would y'all stand up, please? And this is for Don, this is for you. Do an of the other Senators wish to speak?

SENATOR OGDEN: Chair recognizes Senator Whitmore on the resolution.

SENATOR WHITMIRE: Thank you, Mr. President, members, Senator Harris, thank you for bringing this resolution for us to consider this morning. I had the pleasure of knowing Don Kennard professionally and personally. The measurement for all of us as public servants is that we make a difference. He certainly passes that test that Texas is a better place to live and work because of Don Kennard, his work in education, particularly the environment, significant. During his era of serving the environment was not a priority as it is recognized today. Largely because of his work and input, we now spend significant amount of time on parks and wildlife, clean air, our environment. He gets credit for bringing that issue to the forefront. He was a lot of fun, too, members. He enjoyed life, had many, many friends. I could mention names such as Charley Wilson, that's the era that Don Kennard served this state. They worked hard, they played hard and they made a difference. So thank you very much to his family for allowing us to honor him today. He made a difference, and that's the test that he presents to all of us. Make a difference with your public service so this state will be a better place because of your service. Thank you, Senator Harris.

SENATOR OGDEN: Chair recognizes Senator Ellis on the resolution.

SENATOR ELLIS: Briefly, Mr. President, I rise in support of this resolution. And thank you, Senator Harris, for bringing it up. I too did not know Senator Kennard personally or professionally, but I did know him well, I was one of his drivers when he worked for Governor Hobbie, I'd have to drive him occasionally when I went to Washington and he would visit with my boss at the time Congressman Leland. I'd also have to drive him from time to time, and one thing that always stood out in my mind was when I would pick him up, he would sit in the front seat instead of the back seat. And as a young person introduced in politics, Mrs. Kennard, he'd always share his family stories with me. And I think all of us who serve in politics look back over our lives particularly when we're out of public office and regret the time when we were not able to spend with our loved ones. And he always spoke about that. The fact that he was not there for a lot of the special moments because he spent so many hours working on issues for the broader public instead of his family. So I rise in support of this resolution. Some of my colleagues were giving me a hard time about having this flat Stanley, a cartoon character that I was taking around on the floor today, and Senator Shapiro was kind enough to educate me because I didn't know what it was about either. I'm just doing it because my wife instructed me to do it, but when I see Senator Kennard on the other side, I'm going to tell him that Flat Stanley would like to be with him. Thank you very much.

SENATOR OGDEN: Senator Harris moves adoption of Senate resolution 624.

SENATOR HARRIS: Mrs. Kennard, you have our condolences, I move adoption.

SENATOR OGDEN: Would all those in favor of the resolution please rise? The resolution is adopted.

SENATOR HARRIS: Thank you, Mr. President.

SENATOR OGDEN: The Chair lays out the following resolution. The secretary will read the resolution.

PATSY SPAW: HCR62 commending Regent School of Austin on winning the Texas Association of Private and Parochial Schools Division 3, 2010 state football championship. By Watson.

SENATOR OGDEN: Chair recognizes Senator Watson on the resolution.

SENATOR WATSON: Thank you very much, Mr. President. Members, I'm really pleased to have with us today representatives, and we also have in the gallery, you'll see the very well dressed young men in the gallery. We're joined by the Regent School of Austin, the football team which reached the pinnacle of success by winning the Texas Association of Private and Parochial Schools division 3 state football championship for 2010. The title game was held December 4th of last year at Temple Wildcat Stadium, and they won that by beating Beauregard Brook Hill 38 to seven. And in doing that Regent School became the first school in the history of the Texas Association of Private and Parochial schools to garner five state football titles in one decade. Having previously won titles in six man football in 2001, 2002, and 2003 and an 11-man football in 2006. I am pleased that we're joined here on the floor today by the head coach Beck Briden. Coach Briden led the Knights to an overall record of 14 and 1 over the course of the 2010 season and the squad outscored their opponents 725 to 256. He's joined on the floor by Sam Thompson, one of the other coaches and three of the senior team members are with us. Brian Hine, Walker Nethertin and Carson Rice. As I've already indicated, we're also joined by the other members of the team. Members, please join me in recognizing the winners of the Texas Association Private and Parochial Schools state football championship for 2010. The Regent School of Austin Knights. Mr. President, I move adoption of HCR No. 62.

SENATOR OGDEN: Is there objection to the adoption of the resolution? The Chair hears none, the resolution is adopted. Senator Uresti is recognized for a motion to suspend the regular order of business on Committee Substitute to Senate bill 966.

SENATOR URESTI: Thank you, Mr. President and members. Senate Bill 966 is relating to high school diplomas for certain military veterans. Current law allows for rewarding of high school diplomas to veterans if they were honorably discharged, were scheduled to graduate from high school after 1940 and before 1975 and left high school to serve in the Armed Forces during World War II, the Korean War or the Vietnam War. The substitute to Senate Bill 966 updates this substitute to include the Iraq war and the war in Afghanistan. In addition, it would go further back and include veterans who not only left high school but also those who left school after completing only the 6th grade. In the substitute it included language that all future conflicts would be included as well so that the statute would not have to be amended in the future. With that Mr. President and members, I move to suspend the Senate's regular order of business to take up and consider Committee Substitute to Senate Bill 966.

SENATOR OGDEN: Senator Uresti moves suspension of regular order of business to take up and consider Committee Substitute to Senate Bill 966. Is there objection? Hearing none, the rules are suspended. The Chair lays out on second reading Committee Substitute to Senate Bill 966. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 966 relating to high school diplomas for certain military veterans.

SENATOR OGDEN: Senator Uresti is recognized for a motion.

SENATOR URESTI: Mr. President, I move passage to engrossment of Committee Substitute to Senate Bill 966.

SENATOR OGDEN: Is there objection? Chair hears none, Senate Bill 966 is passed to engrossment. Senator Uresti is recognized for a motion to suspend the constitutional three day rule.

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

SENATOR OGDEN: The secretary will call the roll.

SENATOR OGDEN: Being 30 ayes and one nay, constitutional three day rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to Senate Bill 966. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 966 relating to high school diplomas for certain military veterans.

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

SENATOR URESTI: Thank you, Mr. President. I move final passage of Committee Substitute to Senate Bill 966.

SENATOR OGDEN: The secretary will call the roll.

SENATOR OGDEN: Being 31 ayes and no nays, Committee Substitute to Senate Bill 966 is finally passed. Thank you.

SENATOR URESTI: Thank you, Mr. President.

LT. GOVERNOR DEWHURST: The Chair recognizes Senator Nelson for a motion to suspend the Senate's regular order of business to take up and consider Committee Substitute to Senate Bill 622.

SENATOR NELSON: Thank you, Mr. President. And I do move to suspend the regular order of business to take up and consider Committee Substitute for Senate Bill 622. Mr. President and members, Senate Bill 622 updates our medical privacy laws to reflect advances in health information technology and the increasing use of electronic health records. We know that the misuse of individuals' health information could put patients at risk for severe financial and personal consequences. This ensures that patients are protected from unauthorized access to this highly sensitive information. It also ensures that patients have the right to access their own electronic medical records. Members, since we passed this bill out of Health and Human Services committee, unanimously by the way, we have continued to accept input from those who are affected by these policy changes. I will be introducing the amendment to reflect that additional input. Mr. President, I move suspension.

LT. GOVERNOR DEWHURST: Members, you heard the motion by Senator Nelson. Is there objection from any member? Chair hears no objection from any member and the rule suspended. Chair lays out on second reading Committee Substitute to Senate Bill 622. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 622 relating to privacy of protected health information and personal health information.

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

PATSY SPAW: Floor Amendment No. 1 by Nelson.

LT. GOVERNOR DEWHURST: Have these been passed out? Yes, these have been passed out. Chair recognizes Senator Nelson on Floor Amendment 1.

SENATOR NELSON: Thank you, Mr. President. This is the amendment I referred to in my earlier remarks. It aligns the federal law -- aligns this bill with federal law and makes other clarifications. Since our hearing on this bill, we've taken on additional input from the medical community. This alleviates any unnecessary administrative burdens and also prevents conflicts with federal law.

LT. GOVERNOR DEWHURST: Thank you, Senator Nelson. Senator Hinojosa, for what purpose do you rise, sir?

SENATOR HINOJOSA: To ask a question of Senator Nelson.

LT. GOVERNOR DEWHURST: Will Senator Nelson yield?

SENATOR NELSON: Absolutely. Do you want me to go through it line by line?

SENATOR HINOJOSA: Senator, I guess a 14 page amendment, are we making any changes to the substance of the bill, the original bill?

SENATOR NELSON: No. We had -- we heard this bill in committee and after we heard it and it passed out unanimously, we did have concerns brought to us by the medical community. This alleviates those concerns. So it doesn't stray from the original intent of the bill at all. I can go through line by line if you want me to.

SENATOR HINOJOSA: All right.

SENATOR NELSON: You want that?

SENATOR HINOJOSA: No, I trust you. Thank you.

SENATOR NELSON: Trust to verify? Thank you, Senator.

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

SENATOR URESTI: Would the author of the amendment yield for a question?

LT. GOVERNOR DEWHURST: Will Senator Nelson yield?

SENATOR NELSON: I absolutely will yield to Senator Uresti.

SENATOR URESTI: Thank you, Senator Nelson. And, again, I just want to have an opportunity to look at this amendment because it is a few pages long, but one thing that stands out on page -- on page 8 rather, there is a civil penalty that may be assessed and there's three different numbers, one for 5,000, one for 25,000 and one for $250,000. Can you just explain that part?

SENATOR NELSON: Yeah -- go ahead. That specifies the increased criminal penalty for inappropriate use of patient information. It applies only to the person accessing the data, and there is an increasing penalty, if you will. It starts out with $100 and then increasingly goes up but cannot exceed $250,000.

SENATOR URESTI: Can you explain what type of violations we're talking about, please?

SENATOR NELSON: Off the top of my head?

SENATOR URESTI: It just seems like an awful lot of money for --

SENATOR NELSON: Well, it's an awfully egregious violation too.

SENATOR URESTI: Can you explain some of those violations, what they would be for example?

SENATOR NELSON: I can't cite any off the top of my head. This is when people are stealing our very most precious information and I guess the most egregious example would be illegal marketing of that information. If they get into my personal health records, gather information, and then take it out and sell it. And we had testimony of that effect of people doing things like. So, you know, if they're illegally selling, knowingly gathering that information to take it and market it, that would be the most egregious example of what we are trying to prevent.

SENATOR HINOJOSA: Mr. President.

LT. GOVERNOR DEWHURST: Senator Hinojosa, for what purpose?

SENATOR HINOJOSA: May I maybe answer Senator Uresti's question?

LT. GOVERNOR DEWHURST: Will Senator Uresti yield?

SENATOR URESTI: Yes.

SENATOR HINOJOSA: What it is, when you talk about a $5,000 fine for a negligent -- that's committed negligently. That's, for example, when somebody throws away medical records in the trash and doesn't even check them or has them torn up, that's one. No. 2, I think on the 25,000 it's when somebody sells -- for example, a doctor or a hospital or clinic will sell your medical records to someone for money.

SENATOR NELSON: And they know they're doing that.

SENATOR HINOJOSA: The third one is 250,000, someone uses your medical records to make money and you have someone that is using all types of medical records that sells them or uses them for profit. I think, if I may, because I remember some of these actions when I was an attorney assistant general some time ago.

SENATOR URESTI: Thank you, Senator Hinojosa. And I don't necessarily have objections. I just haven't seen this and wanted a chance to review it. So the entities that would be furnished -- if they did sell this information intentionally would be -- would they be hospitals?

SENATOR NELSON: The marketers? No, no, the people who are selling that information.

SENATOR URESTI: Very well. Okay. Thank you, Senator Nelson.

SENATOR NELSON: You are very welcome and thank you, Senator Hinojosa, for helping clarify that.

LT. GOVERNOR DEWHURST: Members, any questions on the adoption of Floor Amendment No. 1? Is there objection from any member? Chair hears no objection from any member. Floor Amendment No. 1 is adopted. Chair recognizes Senator Nelson for a motion.

SENATOR NELSON: I would move passage of the Committee Substitute to Senate Bill 622 to engrossment.

LT. GOVERNOR DEWHURST: Members, you heard the motion by Senator Nelson. Is there objection from any member? Chair hears no objection and Committee Substitute to Senate Bill 622 as amended passes to engrossment. Chair recognizes Senator Nelson for a motion to suspend the constitutional rule that bills be read on three several days.

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

LT. GOVERNOR DEWHURST: And members, I apologize for my voice but I'm doing the best that I can. You too? Wow, allergies are greatly overrated. Members, you heard the motion by Senator Nelson. The secretary will call the roll.

LT. GOVERNOR DEWHURST: Members, there being 30 ayes and one nay, the rule is suspended. Chair lays out on third reading and final passage the Committee Substitute to Senate Bill 622 as amended. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 622 relating to privacy of protected health information and personal information.

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

SENATOR NELSON: I move final passage of Committee Substitute to Senate Bill 622.

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

LT. GOVERNOR DEWHURST: There being 31 ayes and no nays, the Committee Substitute to Senate Bill 622 is finally passed.

SENATOR NELSON: Thank you, Mr. President.

LT. GOVERNOR DEWHURST: And you put a lot of work into this. Thank you, Senator Nelson. Senator Watson, are you ready? Chair lays out Senate Resolution No. 616 by Senator Watson. The secretary will read the resolution.

PATSY SPAW: Senate Resolution 616 recognizing March 2011 as Child Identity Theft Protection and Awareness Month. By Watson.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Watson to explain the resolution.

SENATOR WATSON: Thank you, Mr. President and members. Identity theft has been a huge problem, as we know, in our state and our country for the past several years. But identity thieves are increasingly targeting children as victims and it's estimated by some that one child in each classroom in the United States is affected. And, of course, these children don't typically discover that their records have been exploited in some way until they start making the economic decision as adults. The use of internet, social networking sites by young people is widespread, it's increasing and it's providing an avenue for identity thieves to pray on those without formal training or awareness, without being able to protect their personal information. So. It's fitting that we set aside some time to raise awareness of the problems of identity theft, especially as it relates to children. We are joined in the gallery today by some folks who are trying to make a difference in this regard and protect our kids. I'm pleased to recognize Jeffrey Richard, a friend of mine and the CEO and president of the Austin Area Urban League, who is a great member of our community. And Doris and Donny Aldridge and Gary Thomas with Kidgloves. Members, let's please welcome them to the Texas Senate and thank them for the work they're doing to protect our children from identity theft as we observe March 2011 as Child Identity Theft Protection and Awareness Month. Mr. President, I move adoption of SR616.

LT. GOVERNOR DEWHURST: Thank you very much, Senator Watson. Members, you have heard the motion by Senator Watson. Is there objection from any member? The Chair hears no objection, and the resolution is adopted. Thank you, Senator Watson. Senator Jackson, are you ready for an introduction? Chair recognizes Senator Jackson for an introduction.

SENATOR JACKSON: Thank you, Mr. President. Members, it's my pleasure to welcome today to the Capitol -- to the Capitol the Leadership Friendswood delegation. These men and women have traveled to Austin today to learn more about their state government, and they're hopefully learning a lot. Leadership Friendswood is a program sponsored by the Friendswood Chamber of Commerce and they do many, many things. One of the small part of the program is coming up to the state Capitol, they do on site visits, class participation, and it's a class project. I want to say that they, I hope, have a good time while they're up here in Austin today. I thank them for taking time to come up and see that your Texas government is working for you. They're sitting over here in the south gallery. If I could have y'all please stand up. And, members, please help me welcome the Friendswood Leadership class.

LT. GOVERNOR DEWHURST: Thank you, Senator Jackson. Senator Nelson, are you ready? Perfect. Chair recognizes Senator Nelson for a motion to suspend the Senate's regular order of business to take up and consider Committee Substitute to Senate Bill 219.

SENATOR NELSON: Thank you, Mr. President. I move to suspend the regular order of business to take up and consider Committee Substitute for Senate Bill 219. Mr. President and members, the goal of Senate Bill 219 is to ensure that children in our child welfare system receive timely access to effective mental and behavioral health services in order to overcome the profound trauma they've experienced due to abuse and neglect and to eliminate the cycle of abuse and neglect for future generations. Committee Substitute to Senate Bill 219 directs that the Department of Family Services, to the extent that resources are available, to help child welfare professionals with trauma informed care resources and develop trauma training. It encourages the use of trauma training and classes for parents involved with Child Protective Services. It directs the Health and Human Services Commission to offer trauma training to Star health providers. It encourages Star health providers to include a mental health screening in the child's first doctor's visit and it directs the commission to explore how to increase the use of telemedicine in rural areas. Members, this bill is needed to ensure that our most vulnerable children receive the services they need in order to overcome the trauma they have experienced. Mr. President, I move suspension.

LT. GOVERNOR DEWHURST: Thank you, Senator Nelson. Members, you have heard the motion by Senator Nelson. 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 219. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 219 relating to health and mental health services for children in foster care and kinship care.

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

PATSY SPAW: Floor Amendment No. 1 by Nelson.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Nelson on Floor Amendment No. 1.

SENATOR NELSON: Thank you, Mr. President, members. Full disclosure. We needed this amendment to ensure that the fiscal note was zero. It removes the provision encouraging the use of trauma training and classes for parents involved with Child Protective Services. Mr. President, I move adoption of the amendment.

LT. GOVERNOR DEWHURST: Members, you've heard the motion by Senator Nelson. Is there objection from any member? Chair hears no objection from any member, and Floor Amendment No. 1 is adopted. Chair recognizes Senator Nelson for a motion.

SENATOR NELSON: Yes, Mr. President, I move passage of Committee Substitute Senate Bill 219 to engrossment.

LT. GOVERNOR DEWHURST: Members, you've heard the motion by Senator Nelson. Is there objection from any member? Chair hears no objection from any member and Senate Bill -- and Committee Substitute to Senate Bill 219 as amended passes to engrossment. Chair recognizes Senator Nelson for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR NELSON: I move that we suspend the constitutional rule that bills be read on three several days.

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

LT. GOVERNOR DEWHURST: There being 30 ayes and one nay, the rule is suspended. Chair lays out on third reading and final passage Committee Substitute to Senate Bill 219 as amended. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 219 relating to health and mental health services for children in foster care and kinship care.

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

SENATOR NELSON: Mr. President, I move final passage of Committee Substitute for Senate Bill 219.

LT. GOVERNOR DEWHURST: Thank you, Senator, and thank you for your hard work on this. Members, you heard the motion by Senator Nelson. The secretary will call the roll.

LT. GOVERNOR DEWHURST: There being 31 ayes and no nays, a Committee Substitute to Senate Bill 219 as amended is finally passed.

SENATOR NELSON: Thank you, Mr. President. Thank you, members. Thank you, Senator Lucio.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Williams -- caught you. Chair recognizes Senator Williams for a motion to suspend the Senate's regular order of business to take up and consider Senate Bill 387.

SENATOR WILLIAMS: Thank you, Mr. President, members. Senate Bill 387 deals with the sale of raw oysters in the state of Texas. The federal drug -- Food and Drug Administration has stated that there's a need to over regulate the sale and transportation of oysters coming from the Gulf of Mexico. This bill, Senate Bill 387, creates the ability for oysters that are harvested and supplied to Texans in intrastate commerce year round to not be subject to these onerous federal regulations that are being proposed. This bill, I want to be clear, does not preclude the safe harvesting practices that currently protect the health of our citizens. The bill allows for us to continue to harvest and sell oysters in the state regardless of the rules the federal government adopts. Mr. President, I move to suspend the Senate's regular order of business to take up and consider Senate Bill 387.

LT. GOVERNOR DEWHURST: Thank you, Senator Williams. Members, you have heard the motion by Senator Williams. 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 387. The secretary will read the caption.

PATSY SPAW: Senate Bill 387 relating to sale and consumption in this state of raw oysters harvested from Texas waters.

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

SENATOR WILLIAMS: I move passage to engrossment.

LT. GOVERNOR DEWHURST: Thank you, Senator. Members, you have heard the motion by Senator Williams, is there objection from any member? Chair hears no objection, and Senate Bill 387 passes to engrossment. Chair recognizes Senator Williams for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR WILLIAMS: So moved.

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

LT. GOVERNOR DEWHURST: There being 30 ayes and one nay, the rule is suspended. The Chair lays out on third reading and final passage Senate Bill 387. The secretary will read the caption.

PATSY SPAW: Senate Bill 387 relating to sale and consumption in this state of raw oysters harvested in Texas waters.

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

SENATOR WILLIAMS: I move final passage.

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

LT. GOVERNOR DEWHURST: There being 31 ayes and no nays, Senate Bill 387 is finally passed.

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

LT. GOVERNOR DEWHURST: Senator Carona, are you ready?

SENATOR CARONA: I'm always ready.

LT. GOVERNOR DEWHURST: I should know that, excuse me. Chair recognizes Senator Carona for a motion to suspend the Senate's order of business to take up and consider Committee Substitute to Senate Bill 690.

SENATOR CARONA: Thank you, Mr. President, members. Under current law, like most landlord/tenant relationships, self-storage facilities hold a lien against the contents of the rented unit in order to secure payment. However, statutory provisions relating to self-storage liens are outdated and do not allow operators or consumers to take advantage of more recent technologies dealing with these issues. The bill before us contains a number of changes to the current statutes to control self-storage liens including the following substantive changes. Because certified mail is currently the only allowed method for sending out lien notices and because many people do not accept certified mail, the bill extends the statute to allow the use of other mailing methods that provide evidence of mailing. Also because of concerns raised in committee, the bill only allows e-mail to be used for notice purposes if a customer chooses to provide an e-mail address and as long as all agreements allowing such contain the provision in bold conspicuous type. At this time I move suspension of the Senate's order of business.

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

SENATOR HINOJOSA: To ask the author a question.

LT. GOVERNOR DEWHURST: Will Senator Carona yield?

SENATOR CARONA: Certainly.

SENATOR HINOJOSA: Senator Carona, I guess the first time I read your bill, I thought that you were restricting the notice requirement to just e-mail, but I guess what you're doing is actually providing an extra option to notify.

SENATOR CARONA: That's correct, Senator. This is just an extra operation and only in the event that both parties agree to communicate in that fashion and then only to the extent that their agreement and the option -- and the fact that it's optional is stated in conspicuous type within the lease agreement.

SENATOR HINOJOSA: Thank you very much for the explanation.

SENATOR CARONA: Thank you, sir.

SENATOR KEVIN ELTIFE: Senator Carona moves suspension of the regular order of business to take up and consider Committee Substitute SB690. Is there objection? Chair hears none, rules are suspended. Chair lays out on second reading Committee Substitute Senate Bill 690. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 690 relating to the enforcement of a self-service storage facility lien.

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

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

SENATOR KEVIN ELTIFE: Senator Carona moves passage to engrossment. Is there objection? Chair hears none, Committee Substitute to SB690 is passed to engrossment. Senator Carona is recognized for a motion to suspend the constitutional three day rule.

SENATOR CARONA: Yes, so moved.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

SENATOR ELTIFE: 29 ayes, one nay, the rule is suspended. Chair lays out on third reading and final passage of Committee Substitute SB690. Secretary, read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 690 relating to the enforcement of a self-storage service lien.

SENATOR ELTIFE: Senator Carona is recognized for a motion.

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

SENATOR ELTIFE: Senator Carona moves final passage of Committee Substitute of SB690. The secretary will call the roll.

SENATOR ELTIFE: 30 ayes, no nays, Committee Substitute SB69 is finally passed. Congratulations, Senator Carona.

SENATOR CARONA: Thank you, sir.

SENATOR ELTIFE: Chair recognizes Senator Estes for an introduction.

SENATOR ESTES: Thank you, Mr. President. I have two introductions, but we'll do them one at a time. Members, please join me in welcoming my distinguished guests in the gallery from Graham, Texas. Graham is a thriving community of 9,000 located in north central Texas. The country side of Graham is an area of great natural beauty instilled with many different types of wildlife and has a reputation for being one of the best game hunting areas of the state. Nearby lakes and rivers offer a variety of water sports including fishing, boating, scuba diving, canoeing and swimming. And I am honored to serve these people from Graham, Texas. Please welcome them to the Texas Senate. Please stand up from Graham. Thank y'all for being here. And if I may, Mr. President.

SENATOR ELTIFE: You have a follow-up introduction?

SENATOR ESTES: Yes. And then I've got a bill.

SENATOR ELTIFE: You're recognized for the introduction only.

SENATOR ESTES: Thank you, Mr. President. Mr. President and members, also I have here the honor to recognize the distinguished delegation from Wilbarger County. The name of the early settlers Josiah and Tothias Wilbarger County is home to the Wagner Ranch just south of Vernon which is the largest ranch in Texas under one fence and a five time winner of the Texas Ranch Roundup. The city of Vernon also is very important because it is the birth place of one of our great Texas senators Robert Duncan, right here, my desk mate. There's farming and ranching and petroleum industry. It's the birthplace of rock and roll, legend Roy Orbinson and the home of Vernon College, Vernon campus, North State Hospital and Red River Valley Museum. So, members, please join me in welcoming our guests from the city of Vernon and Wilbarger County. Please stand. Thank you for being here. Thank you, Mr. President, members.

SENATOR ELTIFE: Thank you Senator Estes.

SENATOR ESTES: Now, Mr. President --

SENATOR ELTIFE: Yes, Senator Estes.

SENATOR ESTES: -- I'd love to be recognized on this bill we want to kick out of here.

SENATOR ELTIFE: Senator Estes is recognized for a motion to suspend the regular order of business on SB766.

SENATOR ESTES: Thank you, Mr. President and members. Senate Bill 766 is an important bill. Over the last two decades our state has experienced high rates of growth in urbanization. Our cities have grown, they have put pressure on shooting ranges that are located in areas that used to be rural. People are moving into areas around ranges, don't always like living next to them and some developers and municipalities have attempted to litigate neighboring ranges out of existence based on false accusations of wrongdoing. Members, we need shooting ranges. As a legislature, we have encouraged Texans to carry concealed handguns for their self-defense, but I ask you what good is a concealed handgun if you have no place to practice? This bill's goal is to ensure that Texans will continue to have a place to practice their markmanship as our state grows. And the bill protects safe ranges from false accusations and over regulation but it also makes it easier to shut down a dangerous range. So at this time I move to suspend the Senate's regular order of business to take up and consider Senate Bill 766.

SENATOR ELTIFE: Senator Hinojosa, for what purpose?

SENATOR HINOJOSA: To ask the author a question.

SENATOR ELTIFE: Will Senator Estes yield?

SENATOR ESTES: I yield.

SENATOR HINOJOSA: Senator Estes, I guess I'm reading the bill analysis and part of the bill, are you -- you're not saying that a shooting range cannot be sued if there's negligence in terming of damaging a client or a customer?

SENATOR ESTES: That's correct. If I heard you correctly. There's a lot of conversations going on here. Could you repeat that again.

SENATOR HINOJOSA: In other words, is the purpose of your bill to shield, I guess, a shooting range from being sued from negligence in the event that they were negligent in hurting or damaging their client?

SENATOR ESTES: That's correct. Yes, Senator, that's correct.

SENATOR HINOJOSA: Well, why are we singling them out and providing that type of protection?

SENATOR ESTES: Well, there's a litany of reasons. And let me tell you in testimony that we heard from people that there's been some people that have picked up bullets off of ranges and scattered them around their yard, and there's been claims of trajectory of a bullet that hit a garage, that the trajectory was an impossible thing to do. So what we want to do is make sure that we have expert witnesses that enter into these litigations to be able to testify. And let's see, it really protects them from false accusations in section four of the bill. If an -- now, this is not county municipalities, but private citizens have to produce an expert witness within three months of filing a case to support their claim until the case is dismissed.

SENATOR HINOJOSA: I guess what I'm concerned about is that you're not giving them complete blanket protection.

SENATOR ESTES: No, not at all.

SENATOR HINOJOSA: And when they are at fault for a customer who is injured, then they cannot seek redress in court or be able to sue, shouldn't they?

SENATOR ESTES: That's correct, Senator. If there's negligence, they can still go to court.

SENATOR HINOJOSA: So if there's -- for example, they're negligent in the way they head oversight or of the customers who are using the range and they cause damage or harm to a customer because of their negligence, they can still be sued?

SENATOR ESTES: Yes, that's correct.

SENATOR HINOJOSA: And I guess that you are really focusing on harassment type of lawsuits on neighbors that complain about them? I'm just trying to get the gist and purpose of the bill.

SENATOR ESTES: I want to make sure that when those accusations are made that they are backed up by expert testimony.

SENATOR HINOJOSA: Well, I'm trying to find the bill because I can't -- just from the analysis, I can't tell what the -- how large or what type of blanket protection you're providing. Thank you.

SENATOR ESTES: You bet. Thank you Senator, I appreciate those questions. I hope I answered them correctly for you. And we'll have a couple of amendments that will also clarify those things.

SENATOR ELTIFE: Senator Watson, for what purpose?

SENATOR WATSON: To ask the author a question.

SENATOR ELTIFE: Does Senator Estes yield?

SENATOR ESTES: Yes, I yield.

SENATOR WATSON: Senator, we talked about this a couple of times, and I understand you got a couple of folks that are probably going to offer amendments but I wanted to clarify and make sure that we state for the purpose of creating legislative intent, that your understanding and intent that municipalities under this bill retain their authority with respect to zoning, the regulation of noise and business hours of operation.

SENATOR ESTES: Let's talk about all three of those things here, I appreciate you bringing that up. This bill does not prevent a municipality from zoning, and that's in section five of the bill, subsection B, subdivision three. So the answer to that is your answer on zoning is yes. Now, on the hour that is we worked on that and we worked with TMD and the amendment that Senator Birdwell is going to bring in a minute says that they may regulate hours but not any more restrictive than any other businesses in the area. And so we hope that's acceptable. And then on the noise, the local government code already allows for this and so this bill -- we're not changing anything in that.

SENATOR WATSON: So just for clarity purposes, if anybody's ever looking back on this, it is the legislative intent of the author of this bill and when we're voting on it that municipalities under the bill will retain their authority with respect to zoning, even if it involves a sport shooting range, regulation of noise and then with amendment, if Senator Birdwell's amendment makes it on to the bill, and you're going to accept that amendment?

SENATOR ESTES: Yes, sir, that's correct.

SENATOR WATSON: With regard to that, it would not -- they would retain their authority to control the business hours of operation so long as it's not more restrictive than another business or whatever is allowed for other businesses in that municipality.

SENATOR ESTES: That's correct. That's the legislative intent.

SENATOR WATSON: Thank you.

SENATOR ESTES: Thank you, Senator, for working with me. I look forward to your support.

SENATOR ELTIFE: Senator Ogden, for what purpose?

SENATOR OGDEN: Ask the author a question.

SENATOR ELTIFE: Will Senator Estes yield?

SENATOR ESTES: Yes, I yield.

SENATOR OGDEN: Senator, I'm understanding your intent and I support your intent. I'm wondering about this section 128.052 which is a limitation on civil action and recovery of damages. And under -- the way this is written, it seems like the limitation could almost be complete. I mean, I've always been one who wanted to limit civil action but I also wanted to make sure that citizens who were harmed had -- basically had a chance to have their issues resolved in court. And what I'm worried about is that this limitation is -- you can almost substitute the word "prohibition" based on the way this thing's written. So I'm -- I need some help here, and specifically it says nothing in this section prohibits a civil action against a sports shooting range --

SENATOR ESTES: Where are you, Senator?

SENATOR OGDEN: For damage except for -- well, it says nothing prohibits you from suing for damage or harm to private property caused by an unlawful discharge of firearms on a sports shooting range. So it seems to me like what you're saying in here is if a sports shooting range that's in an area that's highly populated lawfully discharged firearms and sports that any damage that would be caused to the neighbors is -- is not subject to a remedy in a civil action. So it seems to me like as long as in a lawful discharge of a weapon covers almost all discharges, doesn't it?

SENATOR ESTES: No. Let me try to explain that to you, if I may. It's my understanding at a shooting range, a lawful discharge stays within the property of that shooting range. If there is a stray bullet that unintentionally or intentionally goes on to the neighbor's land, that's already against the law, that's already in the law, that's an unlawful discharge. So as long as the lawful discharge are those that stay within the property lines of that shooting range.

SENATOR OGDEN: That's the definition?

SENATOR ESTES: Well, an unlawful discharge.

SENATOR OGDEN: The discharge is determined by where the bullet stops?

SENATOR ESTES: An unlawful discharge is one that crosses another person's property line.

SENATOR OGDEN: That's the definition?

SENATOR ESTES: That's my understanding. Yeah, that's my understanding. Texas law already makes several types of discharges unlawful. The most important for the purpose of this bill is section 62.021 of the Parks and Wildlife Code, and that makes it unlawful to discharge a firearm in such a way that it crosses a property line. There's another in section 22.05 of the penal code which makes it illegal to discharge a firearm in the direction of a person or a vehicle. So those --

SENATOR OGDEN: A person or a what?

SENATOR ESTES: Sir?

SENATOR OGDEN: In the direction of a --

SENATOR ESTES: Vehicle.

SENATOR OGDEN: -- vehicle?

SENATOR ESTES: Yes.

SENATOR OGDEN: The second part of that limitation on civil action, and I'm really asking because I don't know, it basically says the only time you could have a claim against a sports shooting range or the owner of a sports shooting range for personal jury or death is only if there was an unlawful discharge. And so does this bill basically give them a -- I'm talking about an employee. I mean, if the employee's killed because of the negligence of the owner, it seems to me like you can't sue for civil damages. Is that right?

SENATOR ESTES: Okay. That makes sense. There'd be an unlawful discharge because that's a discharge in the direction of a person, which is what I just referenced there under section 22.05 of the penal code. So absolutely. And, you know, we've all been to these shooting ranges and everybody has their firearm on the table with the breach open when people go down and change targets and things like that. So generally accepted safety practices of these firing ranges.

SENATOR OGDEN: At least you think -- if somebody's out there changing targets, now this would be a lawsuit against the shooting range so they'd have to be negligent in some way and that person is killed, that -- and if there was an issue about the negligence of the shooting range, this bill doesn't prohibit somebody from suing for civil damages?

SENATOR ESTES: That's my understanding, Senator.

SENATOR OGDEN: Because by virtue of the fact that they were killed, it has to be an unlawful discharge? That what you're saying?

SENATOR ESTES: That's the way I'd interpret it.

SENATOR OGDEN: The other issue that we've talked about and I think -- what do you mean by "willful and wanton negligence"? What does that mean?

SENATOR ESTES: Well, it's a legal standard and you're going to hopefully offer an amendment that I will take that reduces that to just general negligence.

SENATOR OGDEN: You mean ordinary negligence?

SENATOR ESTES: I mean, ordinary negligence.

SENATOR OGDEN: Okay. Well, I think it's important to protect people's rights to legally discharge firearms in Texas, and I want to do that. I just don't want to write a bill that basically creates almost complete immunity for everything.

SENATOR ESTES: Well, and that's not my legislative intent, to create complete immunity. Not at all.

SENATOR OGDEN: All right. Thank you.

SENATOR ESTES: Thank you for your help, Senator Ogden.

SENATOR ELTIFE: Senator Hinojosa, for what purpose?

SENATOR HINOJOSA: Just a follow up question with some of the questions that Senator Ogden was asking. I got a chance to read the bill, the parts that I was asking questions about. Anyone that is in a shooting range and shooting a rifle or pistol, it's really a lawful discharge; isn't that correct?

SENATOR ESTES: That's correct, if it stays on the property and it's not in the direction of a person or vehicle.

SENATOR HINOJOSA: I'm sorry?

SENATOR ESTES: If it's not in the direction of a person or vehicle and if it stays within the confines of that range.

SENATOR HINOJOSA: But if you are there and you accidentally shoot someone and you're negligent, under the definition that you have, which is very broad, because it was a lawful discharge, you cannot sue for --

SENATOR ESTES: Well, in my opinion, Senator, if you shoot at someone, that is an unlawful discharge.

SENATOR HINOJOSA: It says personal injury or death caused by unlawful discharge of a firearm on a sports shooting range. To me that means if you are shooting there and it's a lawful discharge but you're negligent, that you cannot sue that person or the shooting range for that matter because improper supervision or whatever reason. That is a very broad category, very broad definition to me anyone. That's in a shootings range shooting targets, that's a lawful discharge. So if it's negligence on his part or the shooter's part and you end up shooting someone or killing someone by accident, you have no chance of filing a lawsuit for negligence because under your definition there's a lawful discharge.

SENATOR ESTES: Okay. Well, I don't think I'm seeing it that way, but I'd be happy to pull the bill down and work with it on you because we want to make sure it's right.

SENATOR HINOJOSA: I think the definition you're using is pretty broad. I really would ask. I don't mind working with you in trying to narrow it.

SENATOR ESTES: Would it be acceptable if I heard it on third reading so we can make sure we get this right and solicit your help?

SENATOR HINOJOSA: Well, and then I guess it would take majority vote. I'm trying to --

SENATOR ESTES: Well, I know you're a great champion of 2nd Amendment rights and I know that you believe in shooting ranges and helping them all you can and so it's my desire to get this right and would solicit your help on it.

SENATOR HINOJOSA: And I will be glad to try to help you, but the way it's written right now, you have pretty much given blanket protection to a shooting range if there's an unlawful discharge, by definition anyone in the shooting range firing at targets is a lawful discharge.

SENATOR ESTES: Well, it's not my intent to give blanket protections under all circumstances.

SENATOR HINOJOSA: But that's not what the bill says.

SENATOR ESTES: Okay. Well, I need your help on it.

SENATOR HINOJOSA: I'll be glad to help you, if you pull it down and work on it.

SENATOR ESTES: All right. I'll do that. Mr. President, I'd like to temporarily pull down this bill Senate Bill 766.

SENATOR ELTIFE: Senator Watson, for what purpose?

SENATOR WATSON: I was going to ask him a question, and I wouldn't mind asking if it's appropriate, Mr. President, to ask the question, get it out there because it may address part of why he's pulling down the bill to work on it and I'd like to have that as part of the record so he could work on that.

SENATOR ELTIFE: Senator Estes, do you yield to pull your legislation down?

SENATOR ESTES: I yield.

SENATOR ELTIFE: Go ahead, Senator Watson.

SENATOR WATSON: Thank you, Senator Estes, I appreciate that. The reason I want to do this in response to some of the questions that Senator Ogden was asking and how Senator Hinojosa's asked. One of the concerns I've got is that when the penal code speaks in terms of an unlawful discharge it talks in terms, it's making it unlawful to knowingly discharge a firearm in the direction of a person and I think you'll agree with me that that's what it says, correct?

SENATOR ESTES: That's my understanding.

SENATOR WATSON: So what happens is the difference between knowing, which is more of an intentional act, and then going into the area of negligence has been traditionally recognized as two different parts of law when you're dealing in a civil action. And what I don't think you're intending to do is create a new threshold in a civil action that before you can get to your negligence case, you would have to prove a knowing violation or in fact a violation of the penal code. I don't think that's what your intent is, is it?

SENATOR ESTES: I would agree with that.

SENATOR WATSON: Okay. Well, under those circumstances, since he's going to pull down the bill, I'd be happy to help with Senator Ogden and Senator Hinojosa. And then the last question that I want to ask you, is it my understanding that you have agreed to accept an amendment that will take out the requirement of willful and wanton negligence and take it back to just general law, common law negligence?

SENATOR ESTES: That's correct. That's Senator Ogden's amendment, and that's very acceptable.

SENATOR WATSON: Very good. Thank you. Thank you, Mr. President.

SENATOR ELTIFE: Thank you, Senator Watson. Senator Estes withdraws his motion. Thank you, Senator Estes.

SENATOR ESTES: Thank you, Mr. President.

SENATOR ELTIFE: Mr. Doorkeeper.

MR. DOORKEEPER: Mr. President, there is a message from the house.

SENATOR ELTIFE: Admit the messenger.

MESSENGER: Mr. President, I'm directed by the House to inform the Senate that the House has taken the following action.

SENATOR ELTIFE: Thank you, Messenger. Senator Carona. 889. Senator Carona is recognized for a motion to suspend the regular order of business on Senate Bill 889.

SENATOR CARONA: Thank you, Mr. President, members. This bill deals with the assignment of rents. It's a standard practice in commercial lease transaction for a lender to obtain a security interest in both the property being purchased and also the rents and other proceeds that the property may generate. However, a Texas Supreme Court case complicated the process for placing a lien on rents generated by a piece of real estate. What this bill does, it was brought to us by the state bar, is clarify the process for establishing a lien. And it establishes in statute that when a deed of trust against real property is filed in a county's deed records, a lien against the proceeds from real estate would be automatically established as well. This change would eliminate the need for any separate security agreement regarding the rents. This is bassed on the Uniform Assignments Rent Act, model act being used nationally. And the bill would exempt homestead property and, of course, would not apply to residential tenants so as to not put an unnecessary burden on homeowners or residential tenants. I move suspension at this time.

SENATOR ELTIFE: Senator Carona moves suspension of the regular order of business to take up and consider Senate Bill 889. Is there objection? Chair hears none, the rules are suspended. The Chair lays out on second reading Senate Bill 889. The secretary will read the caption.

PATSY SPAW: Senate Bill 889 relating to assignment of rents to holders of certain security interest in real property.

SENATOR ELTIFE: Senator Carona is recognized for a motion.

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

SENATOR ELTIFE: Senator Carona moves passage to engrossment. Is there objection? Hearing none, SB889 is passed to engrossment. Senator Carona moves to suspend the constitutional three day rule.

SENATOR CARONA: So moved.

SENATOR ELTIFE: The secretary will call the roll.

SENATOR ELTIFE: 30 ayes, one nay, the rule suspended. Chair lays out on third reading and final passage SB889. Secretary read the caption.

PATSY SPAW: Senate Bill 889 relating to assignment of rents of holders of certain security interest and real property.

SENATOR ELTIFE: Senator Carona is recognized for a motion.

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

SENATOR ELTIFE: Senator Carona moves final passage of SB889. The secretary will call the roll.

SENATOR ELTIFE: 31 ayes, no nays, SB889 is finally passed. Congratulations, Senator Carona.

SENATOR CARONA: Thank you, sir.

SENATOR ELTIFE: The following motion in writing. Secretary, read the motion.

PATSY SPAW: Motion in writing. Mr. President, I move to suspend Senate Rule 11.13 so that committees may meet during the referral of bills. By Ogden.

SENATOR ELTIFE: Members, you heard the motion. Is there objection? Hearing none, so ordered. Members, the president's desk is clear. Members, are there any announcements? Any announcements? Possibly regarding finance meeting after session or anything like that? Any announcements? Senator Ogden is recognized.

SENATOR OGDEN: Mr. President, finance will meet at 1:00 p.m.

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

SENATOR WENTWORTH: Mr. President, I just want to remind members of the Senate that today and tomorrow are the 45th Annual Texas Legislative Conference, and all members of the Senate are invited to go to New Braunfels for this conference. It's the only one of its kind in the state. Tonight we're honoring Ray Benson, who we honored on the floor of the Senate a few days ago, Texan of the Year. He's going to be introduced tonight by Karl rove. Tomorrow we're having panels on budget woes, border security and redistricting. And we have members of the House and the Senate, both. Senator Williams is going to moderate the panel on border security, and Senator Seliger is going to be on the panel involving redistricting tomorrow morning. All members of the Senate are invited. Happy to see you in New Braunfels.

SENATOR ELTIFE: Thank you, Senator Wentworth. Members, any other announcements? The Chair recognizes the dean of the Senate for a highly privileged motion.

DEAN OF THE SENATE: Thank you, Mr. President. I move that the Senate adjourn until 1:30 p.m. Monday March 28th pending the reading and referral of bills and we do so in memory of Senator Don Kennard.

SENATOR ELTIFE: Dean Of The Senate moves that the Senate adjourn until 1:30 p.m. Monday March 28th. Is there objection? Hearing none, Senate stands adjourned until Monday March 28th, at 1:30 pending the reading and referral of bills. Thank you, members.

PATSY SPAW: Senate Bill 1801 by Lucio. Relating to benefits from the Employees Retirement System of Texas for certain peace officers and custodial officers. To State Affairs. Senate Bill 1802 by Lucio. Relating to subcontracting opportunities for historically underutilized businesses under certain state purchasing contracts. To State Affairs. Senate Bill 1803 by Lucio. Relating to investments in Texas businesses by certain public retirement systems in this state. To State Affairs. Senate Bill 1804 by Lucio. Relating to residential property and personal lines automobile insurance. To Business and Commerce. Senate Bill 1805 by Lucio. Relating to required use by insurers of certain standard insurance policy forms for residential property insurance. To Business and Commerce. Senate Bill 1806 by Lucio. Relating to timely filing of surplus lines policy; providing penalties. To Business and Commerce. Senate Bill 1807 by Lucio. Relating to the 444th Judicial District. To Jurisprudence. Senate Bill 1808 by Lucio. Relating to pediatric equipment and supplies for emergency medical services vehicles and pediatric care training for emergency medical services personnel. To Health and Human Services. Senate Bill 1809 by Lucio. Relating to a study by the comptroller of public accounts of the economic impact of the Texas-Mexico border wall in the State of Texas. To International Relations and Trade. Senate Bill 1810 by Carona. Relating to the exemption of certain retirement accounts from access by creditors. To Business and Commerce. Senate Bill 1811 by Duncan. Relating to state fiscal matters. To Finance. Senate Bill 1812 by Nichols. Relating to criminal history record information of certain applicants for a certificate of registration issued by the Texas Real Estate Commission. To Business and Commerce. Senate Bill 1813 by Zaffirini. Relating to the state definition of public school. To Education. Senate Bill 1814 by Zaffirini. Relating to the time permitted for the abatement of a public nuisance. To Criminal Justice. Senate Bill 1815 by Zaffirini. Relating to electioneering on the premises of certain privately owned polling places. To State Affairs. Senate Bill 1816 by Zaffirini. Relating to county and municipal land development regulation. To International Relations and Trade. Senate Bill 1817 by Zaffirini. Relating to the Children's Policy Council, including the transfer of the duties and activities of the consortium that oversees the Texas Integrated Funding Initiative to the Children's Policy Council. To Health and Human Services. Senate Bill 1818 by Zaffirini. Relating to consent for inclusion in the statewide Internet-based registry of organ, tissue, and eye donors. To Health and Human Services. Senate Bill 1819 by Ellis. Relating to charity care provided by certain nonprofit hospitals. To Health and Human Services. Senate Bill 1820 by Ellis. Relating to the authority of the attorney general to recover a civil penalty from certain nonprofit hospitals. To State Affairs. Senate Bill 1821 by Ellis. Relating to the creation of the Texas HIV Medication Advisory Committee. To Health and Human Services. Senate Bill 1822 by Patrick. Relating to the administration of certain supplemental student loan programs and the issuance of private activity bonds by qualified nonprofit corporations. To Higher Education. Senate Bill 1823 by Patrick and Hinojosa. Relating to guaranteed student loans and alternative education loans. To Higher Education. Senate Bill 1824 by Harris. Relating to the regulation of title insurance; providing criminal and administrative penalties. To Business and Commerce. Senate Bill 1825 by Gallegos. Relating to the design and installation of signs at low-water crossings. To the Committee on Flooding and Evacuation. Senate Bill 1826 by Gallegos. Relating to the definition in the open meetings law of the term "deliberation." To Open Government. Senate Bill 1827 by Gallegos. Relating to inspections of flood-prone areas by political subdivisions. To the Committee on Flooding and Evacuations. Senate Bill 1828 by Wentworth. Relating to the regulation of structural engineers. To Business and Commerce. Senate Bill 1829 by Wentworth. Relating to excluding certain entities from the definition of a governmental body for the purposes of the public information law. To Open Government. Senate Bill 1830 by Wentworth. Relating to increasing certain fees for preservation and archiving of district court records. To Jurisprudence. Senate Bill 1831 by Wentworth. Relating to the designation of the El Camino Real de los Tejas National Historic Trail as a historic highway. To Transportation and Homeland Security. Senate Bill 1832 by Ellis. Relating to notice to inmates and their attorneys of lethal substance or substances to be used in lethal injection. To Criminal Justice. Senate Bill 1833 by Ellis. Relating to liability insurance requirements for daycare facilities. To Health and Human Services. Senate Bill 1834 by Ellis. Relating to the payment of excess proceeds from ad valorem tax foreclosure sales to the comptroller for deposit to the credit of the fair defense account. To Finance. Senate Bill 1835 by Ellis. Relating to the creation of a commission to investigate and prevent wrongful convictions. To Criminal Justice. Senate Bill 1836 by Van de Putte and Davis. Relating to revision of open-enrollment charter school charters to add charter schools under certain circumstances. To Education. Senate Bill 1837 by Van de Putte. Relating to exemptions to persons required to hold a limited property and casualty license. To Business and Commerce. Senate Bill 1838 by Van de Putte. Relating to the transfer of housing funds from the Texas Department of Housing and Community Affairs to the Texas Veterans Commission. To the Veteran Affairs and Military Installations Committee. Senate Bill 1839 by Van de Putte. Relating to an annual report of the private entity granted care and custody of the Alamo. To Administration. Senate Bill 1840 by Van de Putte. Relating to the preservation and maintenance of the Alamo and the financial accountability and transparency of persons granted care and custody over certain historic state real properties. To Administration. Senate Bill 1841 by Van de Putte. Relating to the preservation and maintenance of the Alamo by the Texas Historical Commission. To Administration. Senate Bill 1842 by Fraser. Relating to the operation of the Texas Windstorm Insurance Association and to the resolution of certain disputes concerning claims made to that association. To Business and Commerce. Senate Bill 1843 by Carona. Relating to providing resources designed to combat crimes against children, especially crimes regarding child exploitation and child pornography trafficking involving the Internet. To Criminal Justice. Senate Bill 1844 by Lucio. Relating to specifying the precinct in a notice to appear before a magistrate issued to a person arrested for a traffic violation. To Transportation and Homeland Security. Senate Bill 1845 by Lucio. Relating to the change of the name of Texas A&M University--Kingsville to Texas A&I University. To Higher Education. Senate Bill 1846 by Lucio. Relating to immunity and liability issues regarding unincorporated charitable organizations, charitable organizations that utilize self-insured retentions in their insurance coverage, and charitable organizations that utilize Lloyd's plans and indemnity policies. To Business and Commerce. Senate Bill 1847 by Lucio. Relating to a franchise or insurance premium tax credit for contributions made to certain educational assistance organizations. To Finance. Senate Bill 1848 by Hegar. Relating to the distribution of the emergency service fee for wireless telecommunications connections and the prepaid 9-1-1 emergency service fee. To Business and Commerce. Senate Bill 1849 by Hegar. Relating to furthering stability and affordable service in the communications industry. To Business and Commerce. Senate Bill 1850 by Van de Putte. Relating to appeals regarding cruelly treated animals. To Criminal Justice. Senate Bill 1851 by Gallegos. Relating to oversight of emergency services districts. To Intergovernmental Relations. Senate Bill 1852 by Gallegos. Relating to the recovery and storage of vessels following natural disasters; providing penalties. To Subcommittee on Flooding and Evacuations. Senate Bill 1853 by Deuell. Relating to hospital and emergency medical services lien notice requirements. To State Affairs. Senate Bill 1853 by Deuell. Relating to hospital and emergency medical services lien notice requirements. To Health and Human Services. Senate Bill 1855 by Deuell. Relating to the authority of certain foreign insurers to engage in the business of health and accident insurance in this state. To State Affairs. Senate Bill 1856 by Deuell. Relating to the recovery of medical or health care expenses in civil actions. To State Affairs. Senate Bill 1857 by Zaffirini. Relating to the administration of medications for persons with intellectual and developmental disabilities. To Health and Human Services. Senate Bill 1858 by Duncan. Relating to public school finance matters, including the imposition of a state ad valorem tax for elementary and secondary school purposes. To Finance. Senate Bill 1859 by Ellis. Relating to certain health and safety matters regarding appropriate places of employment and places that are accessible to the public. To Health and Human Services. Senate Bill 1860 by Wentworth and Zaffirini. Relating to funding for transportation needs in certain counties. To Transportation and Homeland Security. Senate Bill 1861 by Van de Putte. Relating to the ability of a nonexempt employee to participate in certain academic, extracurricular, and developmental activities of the employee's child. To Economic Development. Senate Bill 1862 by Davis and West. Relating to the requirements for certain extensions of credit to consumers. To Business and Commerce. Senate Bill 1863 by Davis. Relating to authorizing certain brewers and manufacturers to conduct tours of their premises after which beer or ale is provided to ultimate consumers for off-premises consumption. To Business and Commerce. Senate Bill 1864 by Davis. Relating to the awarding of contracts by the Texas Department of Transportation to private sector providers. To Transportation and Homeland Security. Senate Bill 1865 by Davis. Relating to contract award considerations by certain conservation and reclamation districts. To Natural Resources. Senate Bill 1866 by Davis. Relating to the selection of providers of professional services by governmental entities. To State Affairs. Senate Bill 1867 by Lucio. Relating to premarital education courses. To Health and Human Services. Senate Bill 1868 by Davis. Relating to an allotment under the public school finance system for dropout prevention. To Education. Senate Bill 1869 by Davis. Relating to the creation, fines, and funding of the Railroad Commission of Texas operating account. To Finance. Senate Bill 1870 by Davis. Relating to the regulation of mineral interest pooling by the Railroad Commission of Texas. To Natural Resources. Senate Bill 1871 by Davis. Relating to a contracted services program for certain students with pervasive developmental disorder or intellectual disability. To Education. Senate Bill 1872 by Van de Putte, Davis and Shapiro. Relating to revision of open-enrollment charter school charters to add charter schools under certain circumstances. To Education. Senate Bill 1873 by Davis. Relating to the creation and funding of the well inspection fund. To Natural Resources. Senate Bill 1874 by Zaffirini. Relating to requiring a public institution of higher education to make certain faculty information available to the public on the institution's Internet website. To Higher Education. Senate Bill 1875 by Hinojosa. Relating to the governing body of the Agua Special Utility District. To Intergovernmental Relations. Senate Bill 1876 by Uresti. Relating to the creation of the Lajitas Utility District No. 1 of Brewster County; providing authority to impose taxes and issue bonds. To Intergovernmental Relations. Senate Bill 1877 by Hegar. Relating to the creation of the Oatman Hill Municipal Utility District; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain. To Intergovernmental Relations. Senate Bill 1880 by Huffman. Relating to the powers and duties of the Imperial Redevelopment District; providing authority to impose a tax and issue bonds. To Intergovernmental Relations. Senate Bill 1881 by Wentworth. Relating to certain financial powers and duties of the Travis-Creedmoor Municipal Utility District. To Intergovernmental Relations. Senate Bill 1882 by Patrick. Relating to the creation of Harris County Improvement District No. 22; providing authority to levy an assessment, impose a tax, and issue bonds. To Intergovernmental Relations. SJR46 by Williams proposing a constitutional amendment relating to county delegation of authority regarding the disposition of county school lands and proceeds of a county permanent school fund. To Education. SJR47 by Williams. Proposing a constitutional amendment revising the order of legislative business to permit either House to act on bills and resolutions after the first 15 days of a regular session. To Administration. SJR48 by Williams. Proposing a constitutional amendment revising the order of legislative business to permit legislative committees to consider matters during the first 60 days of a regular session. To Administration. SJR49 by Patrick proposing a constitutional amendment relating to an individual's or a religious organization's free exercise of religion. To State Affairs. SJR50 by West. Proposing a constitutional amendment providing for the issuance of general obligation bonds to finance educational loans to students and for authority to enter into bond enhancement agreements with respect to general obligation bonds issued for that purpose. To Higher Education. SJR51 by Duncan and Ogden. Proposing a constitutional amendment imposing a state property tax for public education, authorizing the legislature to establish for purposes of that tax a limit on the maximum appraised value of a residence homestead of 105 percent of the appraised value of the property for the preceding tax year, prohibiting school district property taxes for maintenance purposes, and authorizing school district property taxes for educational enrichment. To Finance.

SENATOR NICHOLS: Pursuant to the motion previously adopted, the Senate stands adjourned until 1:30 Monday. (Adjourned.)