Senate Transcript, March 28, 2011

LT. GOVERNOR DEWHURST: The Senate will come to order, and the secretary will call the roll.

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

LT. GOVERNOR DEWHURST: Thank you, Madam Secretary. A quorum is present. Before I ask for people to stand, I'm gong to call on Senator Zaffirini to introduce a good friend of hers and a friend of mine that I'm so delighted to be here today. Chair recognizes Senator Zaffirini.

SENATOR ZAFFIRINI: Thank you, Mr. President. Mr. President and members, it is my great pleasure to introduce our pastor for the day, the Most Reverend Bishop James Cameo of the Diocese of Laredo. I first met him as Monsignor Tomeo well after he was ordained as a priest in 1976. In 1990 he became the pastor of my hometown parish Blessed Sacrament Church, where I've been a elector since 1983, Mr. President, longer than I've been a Senator. A native of Brownsville, Bishop Tomeo is a member of the National Conference of Catholic Bishops and the United States Catholic Conference. He also is a regional executive board member for the Boy Scouts of America and he served as chaplain with the rank of major in the United States Air Force Reserve and is a life member of the U.S. Office Association. Bishop Tomeo holds bachelor's and master's degrees in theology from the University of St. Thomas and attended St. Mary's seminary in Houston. Thank you, Bishop Tomeo for visiting the Texas Senate and for the beautiful, inspiring opening prayer I know you will offer us today. Mr. President and members, please join me in thanking and welcoming Bishop James Tomeo for serving as our pastor of the day.

LT. GOVERNOR DEWHURST: Thank you. Thank you, Senator Zaffirini. I am going to ask everyone on the floor to please rise and in the galleries please rise for the invocation this afternoon to be delivered by the Most Reverend James Tomeo, the Bishop of Laredo.

PASTOR: Heavenly Father, God of all creation, God of all peoples and nations, in Your wisdom and love, You created man and woman and called us to be stewards of your Creation. As this new day begins for the Senate of the state of Texas, we invoke Your presence in our deliberations and activities. We represent communities from diverse parts of this great state. Although we travel to our State Capitol from different directions as legislators of this state, let us be steadfast in our solidarity to seek the common path that leads to the betterment of all people in our state. Strengthen our resolve to do good, we accept the challenge to listen to one another, to support one another, and to respond generously to those most in need. As we pray in Your holy name, amen.

LT. GOVERNOR DEWHURST: Amen. Thank you, Bishop. Ladies and gentlemen, please be seated. Thank you so much. Thank you for being with us, Bishop Tomeo. Members, Senator Whitmire moves to dispense with the reading of yesterday's journal. Is there objection from any member? Chair hears no objection, so ordered. Mr. Doorkeeper.

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

LT. GOVERNOR DEWHURST: Admit the messenger.

MESSENGER: Mr. President, I'm directed by the House to inform the Senate that the House has taken the following action, the House has passed the following measures. HB451 by Lucio relating to the creation of a "Don't Mess with Texas" water program to prevent illegal dumping that affects the service waters.

LT. GOVERNOR DEWHURST: The Chair recognizes Senator Ogden to introduce the doctor for the day.

SENATOR OGDEN: Mr. President, members, it's my honor to introduce Curtis W. Davis of Bryan, Texas as the doctor of the day. Dr. Davis is currently the chief resident with the Texas A&M Family Medicine residency program. He's a graduate of the University of Illinois College of Medicine at Rockford and was intern of the year and awarded the Champion of Care in 2009. Dr. Davis is accompanied by attending physician Dr. John Simmons, a professor of family medicine at Texas A&M University. Would you welcome to the Capitol and thank both Dr. Davis and Dr. Simmons for their service as serving as physicians of the day.

LT. GOVERNOR DEWHURST: Members, the Chair lays out Senate Resolution No. 623 by Senator Williams, Senator Nichols and Senator Huffman. The secretary will read the resolution in full.

PATSY SPAW: Senate Resolution 623. Whereas the Senate of the state of Texas is pleased to welcome the members of the delegation of Leadership Southeast Texas to the Capitol and to designate March 28th, 2011, as Leadership Southeast Texas Day at the State Capitol. And whereas, Leadership Southeast Texas is a regional educational nonprofit corporation serving the counties of Chambers, Hardin, Jasper, Liberty, Newton, Orange and Tyler and the Bolivar peninsula portion of Galveston County; and whereas founded in 1992, the organization aims to identify and motivate leaders in the southeast Texas region and to provide opportunities for leadership development and networking while contributing to regional advancement. And whereas, the members of Leadership Southeast Texas identify and study issues that are of ongoing significance to area businesses and seek ways to encourage communication between regional citizens and the prominent leaders of our state; and whereas, the organization has recognized that the future of the region is determined by its young people. And early this year it launched Youth Leadership Southeast Texas with an inaugural conference that attracted 94 high school student participants and 40 faculty liaisons; and whereas, the Leadership Southeast Texas Day is an opportunity for alumni and new members to gather together and celebrate the organization's achievements and the positive impact it has had on the communities of southeast Texas. Now, therefore be it resolved that the Senate of the state of Texas 82nd Legislature hereby commend the members of Leadership Southeast Texas on their accomplishments and extend best wishes to them for a productive and memorable Leadership Southeast Texas Day at the Capitol by Williams, Nichols and Huffman.

LT. GOVERNOR DEWHURST: Thank you, Madam Secretary. Chair recognizes Senator Williams on the resolution.

SENATOR WILLIAMS: Thank you, Mr. President. Members, it's may pleasure today to recognize the members of Leadership Southeast Texas. This group was founded in 1992 and the purpose is to enhance the leadership skills by examining opportunities for economic growth, regional unity, and a better quality of life. It's a very influential group, and many of the leaders in our area have been a part of this group. Please join me in helping to welcome -- would you all stand up in the gallery who's here. Quite a group we got today joining us. Thank you for joining us. Help me give them a hand, members. Thank you. On the floor with us today we have five floor guests, Dr. Joe Burns who's the superintendent of Vidor Independent School District, Liquin Hildebrand, the class of 2011, Ken McMurray, LSAT Chair, Danny Osbourne, district manager and Sherri Drody, class of 2011. Thank you all for joining us on the floor today. I move passage.

LT. GOVERNOR DEWHURST: Members, you heard the motion by Senator Williams. Is there objection from any member? Chair hears no objection, and the resolution is adopted. Senator Deuell, are you ready? The Chair lays out Senate Resolution No. 248 by Senator Deuell. The secretary will read the resolution.

PATSY SPAW: Senate Resolution 248 recognizing -- recognizing Ashley Mulnick, Miss Texas 2010 and Madison Fuller, Miss Teen Texas 2010 and declaring Monday March 28th, 2011, as Miss Texas Day at the State Capitol. By Deuell.

LT. GOVERNOR DEWHURST: Thank you. The Chair recognizes Senator Deuell to explain the resolution.

SENATOR DEUELL: Thank you, Mr. President. Members, I hope you'll join me in welcoming to the Texas Senate a large group of accomplished young Texans who are here to celebrate Miss Texas Day at the State Capitol. Founded in 1936 the Miss Texas scholarship pageant has evolved into what is recognized today as one of the best organized and well managed of all state pageants. The Miss Texas organization provides personal and professional opportunities for young Texas women and gives them the opportunity to promote their voices in culture, politics and community. Joining us on the floor today are the current Miss Texas Ashley Mulnick and Miss Teen Texas Ashley Fuller. Ashley is from Fort Worth and is a broadcast journalism major at TCU in addition to being on the dean's list. She is a member of many student organizations and writes for the Daily Skiff TCU newspaper. Madison is a student at Fairville High School and is an anti-bullying advocate for which she wrote and illustrated a children's book. She currently serves as president of the FFA Greenhand and plans to obtain a degree in journalism and become a broad cast journalist. Also joining us in the gallery today are local pageant winners from across Texas. Would you please stand and be recognized? Thank you, Mr. President, members. I move adoption.

LT. GOVERNOR DEWHURST: Thank you, Senator Deuell. Members, you've heard the motion by Senator -- Senator Davis. The Chair recognizes Senator Davis on the resolution.

SENATOR DAVIS: Thank you, Mr. Chair. I want to thank Senator Deuell for this resolution today and join him in saying thank you to these incredible young women who are leaders in our community. I want to call a special shout out to Ashley, my fellow Horn Frog and also to Christy Kibbler, her who is Miss South Lake. Christy worked in our campaign and in our Senate office and she's an example of who these young women are, they really have a lot going for them. Welcome and congratulations.

LT. GOVERNOR DEWHURST: Thank you, Senator Davis. Members, you have heard the motion by Senator Deuell. Is there objection from any member? The Chair hears no objection, and the resolution is adopted. Chair lays out Senate Resolution No. 574 by Senator Williams. The secretary will read the resolution.

PATSY SPAW: Senate Resolution 574. Whereas the Senate of the State of Texas is pleased to recognize Gabriel Thomas McDowell and Drew Christian McDowell on their initiative and hard work in learning about the legislative process; and whereas, while working together in a family setting studying the state official symbols, Gabriel and Drew, age eight and six, respectfully noted the absence of an official state cupcake; and whereas, these two determined young Texans set out to find the state's best cupcake combining their quest with the Magnolia Texas Relay for Life, an all night event whose purpose is to raise money for cancer research; and whereas, their team craving a cure sought contestants from bakeries, cupcake bakeries and individual bakers across the state and received more than 300 donated cupcakes with 20 different flavors, entered into bake-off in service of this worthy cause. And whereas, Gabriel and Drew are truly deserving of their recognition for their perseverance and hard work in not only raising money for cancer research, but in their pursuit of knowledge about the legislative process and our state. Now, therefore be it resolved that the Senate of the state of Texas 82nd Legislature hereby commend Gabriel Thomas McDowell and Drew Christian McDowell on their initiative and resolve and extend to them best wishes for continued success in their quest for knowledge. By Williams.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Williams on the resolution.

SENATOR WILLIAMS: Thank you, Mr. President. Members, I hope that you'll help me welcome my floor guests here, these two young men Gabriel and Drew McDowell and Lisa Britton. These two bright, and I might add fun loving, boys have dedicated their time to find the state's best cupcake in their Craving for a Cure contest. During their process they raised almost $2,000 for cancer research through the Relay for Life. After much deliberation they declared that in their opinion the Berry Pecan by Lisa Britton from Sugar Queen Cupcakes up in Plano as the best cupcake in Texas. Please help me in -- join me in recognizing Gabriel, Drew and Lisa to the Capitol today. I'd like to yield to Senator Shapiro if I could.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Shapiro on the resolution.

SENATOR SHAPIRO: Thank you so much, Mr. President. When I heard about this this morning, I assumed they were young teenagers. And I just walked on to the floor and I saw these two little guys standing here just as happy as they can be, the McDowell brothers who have done so many good things. And I just want to make sure that everybody on this floor and in the gallery recognizes these brothers who have spent a lot of time and very dedicated to their cause. I also would like to say to Lisa, Lisa actually owns a wonderful little cupcake shop at Willow Bend, if anybody is ever shopping, Senator Nelson, at Willow Bend mall, it's right outside of Neiman's, so I go in there, try on clothes, realize how fat I am and go get a cupcake. Your food is wonderful, and it's so delightful to see you and so nice to have these precious little boys who have done such great work. Thank you, gentlemen. And thank you, Lisa.

SENATOR WILLIAMS: I move adoption, Mr. President.

LT. GOVERNOR DEWHURST: Thank you, Senator Williams. Members you have heard the motion by Senator Williams. Is there objection from any member? The Chair hears no objection from any member, and the resolution is adopted. Members, the following motion in writing, a permission to introduce bills by Senator Whitmire. The secretary will read the motion.

PATSY SPAW: Mr. President, I move suspension of Senate Rule 7.07B to permit the introduction of the following bills. Senate Bill 1878 by Deuell; Senate Bill 1883 by West; Senate Bill 1884 by Wentworth; Senate Bill 1885 by Watson; Senate Bill 1886 by Deuell; SCR34 by Duncan; SCR35 by Wentworth; SCR36 by William, et al; SCR37 by Hinojosa; and SJR34 by Hinojosa and Fraser. By Whitmire.

LT. GOVERNOR DEWHURST: Thank you, Madam Secretary. Members, you have heard the motion in writing. Is there objection to the introduction of any of these bills from any member? Chair hears no objection, and the motion in writing is adopted. The following bills and resolutions on first reading in reference to committee. The secretary will read the bills and the resolutions.

PATSY SPAW: Senate Concurrent Resolution by Duncan recognizing the city of (inaudible) on the occasion of its first original chicken fried steak festival. To Administration. SCR35 by Wentworth. Designating western swing as the official state music of Texas. To Administration. SCR36 by Williams, et al. urging the members of the Texas Congressional Delegation to provide to the Legislature a cost analysis of the exact funding necessary for full enforcement of all immigration laws in Texas. To Transportation, Homeland Security. SCR37 by Hinojosa. Designating August 7th as Purple Heart Day for a ten-year period beginning in 2011. To Veteran Affairs and Military Installations. SCR38 by Hinojosa. Requesting the Lieutenant Governor and Speaker to provide for a joint legislative study on the availability of medical treatment for patients with Lyme Disease. To Administration. SJR4 by Harris, Fraser and Hegar, by Hinojosa, proposing a constitutional amendment providing for a issuance obligation of bonds on the Texas Water Development Board. To Finance. SR506 by Rodriguez. Expressing support for the conservation of calves near range. To Veteran Affairs and Military Installations. Senate Bill 1878 by Deuell and Rodriguez. Relating to the program of all inclusive care for the elderly. To Health and Human Services. Senate Bill 1879 by Huffman. Relating to the option of providing electronic recordings of proceedings in a municipal court of record for the city of Houston. To Jurisprudence. Senate Bill 1883 by West. Relating to the factors to be considered by the board of pardons and paroles in establishing parole guidelines. To Criminal Justice. Senate Bill 1884 by Wentworth. Relating to the marketing, hosting and sale of specialty personalized license plates. To Transportation and Homeland Security. Senate Bill 1885 by Watson. Relating to certain comprehensive development agreements of regional mobility authorities. To Transportation and Homeland Security. Senate Bill 1886 by Deuell. Relating to the Fannin County juvenile board. To Jurisprudence.

LT. GOVERNOR DEWHURST: Members, that concludes the morning call. The Chair recognizes Senator Seliger for a motion to suspend the Senate's regular order of business to take up and consider Senate Bill 728.

SENATOR SELIGER: Thank you, Mr. President. I move to suspend the Senate's regular order of business to take up and consider Senate Bill 728 at this time related to the filing of liens and the capping of a water well when there is not enough equity there to pay for the water development board to do so. This bill addresses a situation where there is no equity or adequate equity on a piece of property, the groundwater conservation district puts a lien on and allows that groundwater conservation district to have a cause of action against a landowner. There is a floor amendment Mr. President.

LT. GOVERNOR DEWHURST: Members, you heard the motion by Senator Seliger. Is there any objection from any member? Chair hears no objection, and the rule is suspended. Chair lays out on second reading Senate Bill 728. The secretary will read the caption.

PATSY SPAW: Senate Bill 728 relating to a groundwater conservation district recovery of expenses in closing or capping a well.

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

PATSY SPAW: Floor amendment No. 1 by Seliger.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Seliger to explain Floor Amendment 1.

SENATOR SELIGER: Thank you, Mr. President. Floor amendment one provides clarity that if an entity drills a well, then the entity, not the land owner, is liable for expanses incurred in closing or capping the well.

LT. GOVERNOR DEWHURST: And you move adoption?

SENATOR SELIGER: Yes, sir, I move adoption.

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

SENATOR SELIGER: Thank you, Mr. President. I move passage to engrossment of Senate Bill 728.

LT. GOVERNOR DEWHURST: Members you, heard the motion by Senator Seliger. Is there objection from any member? Chair hears no objection from any member, and Senate Bill 728 as amended passes to engrossment. Chair recognizes Senator Seliger for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR SELIGER: Thank you, Mr. President. I move suspension of the constitutional rule that bills be read on three several days.

LT. GOVERNOR DEWHURST: Thank you. Members, you heard the motion by Senator Seliger. 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 Senate Bill 728. The secretary will read the caption.

PATSY SPAW: Senate Bill 728 relating to a groundwater conservation district's recovery of expenses in closing or capping a well.

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

SENATOR SELIGER: Thank you, Mr. President. I move final passage of Senate Bill 728.

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

LT. GOVERNOR DEWHURST: There being 31 ayes and no nays, Senate Bill 728 as amended is finally passed.

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

LT. GOVERNOR DEWHURST: Thank you, Senator. The Chair recognizes Senator Uresti for a motion to suspend the Senate's regular order of business to take up and consider Senate Bill 587.

SENATOR URESTI: Thank you, Mr. President and members. Good afternoon. Senate Bill 587 relates to the jurisdiction in certain proceedings brought by the attorney general with respect to charitable trust. The bill will permit the Office of the Attorney General to have concurrent jurisdiction with another court under section 4A of the Texas probate code. With that, Mr. President, I move to suspend the Senate's regular order of business to take up and consider Senate Bill 587.

LT. GOVERNOR DEWHURST: Thank you, Senator. Members, you have heard the motion by Senator Uresti. 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 587. The secretary will read the caption.

PATSY SPAW: Senate Bill 587 relating to jurisdiction of certain proceedings brought by the attorney general with respect to charitable trust.

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

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

LT. GOVERNOR DEWHURST: Thank you, Senator Uresti. Members, you have heard the motion by Senator Uresti. Is there objection from any member? Chair hears no objection from any member, and Senate Bill 587 passes to engrossment. Chair recognizes Senator Uresti for a motion to suspend the constitutional rule that bills be heard on three several days.

SENATOR URESTI: So moved, Mr. President.

LT. GOVERNOR DEWHURST: Members, you've heard the motion by Senator Uresti. Secretary will call the roll.

LT. GOVERNOR DEWHURST: Members, there being 30 ayes and one nay, the rule is suspended. The Chair lays out on third reading and final passage Senate Bill 587. The secretary will read the caption.

PATSY SPAW: Senate Bill 587 relating to jurisdiction in certain proceedings brought by the attorney general with respect to charitable trust.

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

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

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

LT. GOVERNOR DEWHURST: There being 31 ayes and no nays, Senate Bill 587 is finally passed.

SENATOR URESTI: Thank you.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Rodriguez for a motion to suspend the Senate's regular order of business to take up and consider Senate Bill 864.

SENATOR RODRIGUEZ: Mr. President, thank you, Mr. President. Members, I move that we suspend the Senate's regular order of business and all necessary rules to take up and consider Senate Bill 864 at this time. Mr. Chairman, members, Senate Bill 864 amends the occupation code by requiring funeral establishments to include the retail price of filing a life insurance claim on behalf of the beneficiaries. Funeral homes frequently process life insurance claims on behalf of the family of the deceased either by the funeral home directly or through the use of funding companies to file the claim. Under current law the funeral home operator can process the claim but are not required to disclose the charge of filling the life insurance claim for offering the service. The statute currently requires the listing of several matters in the retail price in several funeral related costs like the casket, the herse, the limousine and so forth. Senate Bill 864 would amend the occupations code by requiring funerals establishments to include the retail price of filing a life insurance claim on behalf of the beneficiaries. And, members, the problem is that families already facing confusing and expensive decisions in a time of grief may agree to a service without knowing how much it costs. Mr. President, I move suspension of the rules.

LT. GOVERNOR DEWHURST: Thank you, Senator Rodriguez. Members, you've heard the motion by Senator Rodriguez. 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 864. The secretary will read the caption.

PATSY SPAW: Senate Bill 864 related to the services included in a retail price list provided ed by a funeral establishment.

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

SENATOR RODRIGUEZ: Mr. President, members, I move passage of Senate Bill 864 to engrossment.

LT. GOVERNOR DEWHURST: Members, you heard the motion by Senator Rodriguez. Is there objection from any member? Chair hears no objection, and Senate Bill 864 passes to engrossment. Chair recognizes Senator Rodriguez for a motion is to suspend the constitutional rule that bills be heard on three several days.

SENATOR RODRIGUEZ: Mr. President and members, I move to suspend the constitutional rule that bills be read on three several days so that the Senate can take up and consider Senate Bill 864 on third reading and final passage.

LT. GOVERNOR DEWHURST: Members, you've heard the motion by Senator Rodriguez. 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 Senate Bill 864. Secretary will read the caption.

PATSY SPAW: Senate Bill 864 relating to the services included in a retail price list provided by a funeral establishment.

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

SENATOR RODRIGUEZ: Mr. President and members, I move final passage of SB864.

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

LT. GOVERNOR DEWHURST: There being 31 ayes and no nays, Senate Bill 864 is finally passed.

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

LT. GOVERNOR DEWHURST: Senator Estes. 766. Chair recognizes Senator Estes for a motion to suspend the Senate's regular order of business to take up and consider committee substitute to Senate Bill 766.

SENATOR ESTES: Thank you, Mr. President and members. Members, this is the shooting range bill that we discussed last Thursday. Several members expressed concern that the bill might grant immunity to shooting range owners in the case of unlawful discharge that injured someone, and I don't think that the courts would find a discharge that hurt somebody to be lawful. But I see how the language in the bill could be confusing to the people attempting to apply the law. Accordingly, I agree with Senator Hinojosa and Senator Ogden that this language should be struck, and I understand that Senator Hinojosa has an offer to amend -- amendment to do just that. So if there are no other questions at this time, I move to suspend the Senate's regular order of business to take up and consider Senate Bill 766.

LT. GOVERNOR DEWHURST: Members, you have heard the motion by Senator Estes. 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 766. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 766 relating to the liability of a sports shooting range and the regulation of firearms, ammunition and firearms, sports shooting range.

LT. GOVERNOR DEWHURST: Thank you, Madam Secretary. The Chair lays out Floor Amendment No. 1 by Senator Hinojosa.

SENATOR HINOJOSA: Thank you.

LT. GOVERNOR DEWHURST: The secretary will read the amendment.

PATSY SPAW: Floor Amendment No. 1 by Hinojosa.

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

SENATOR HINOJOSA: Thank you, Mr. President, members. Amendment No. 1 really clarifies that the language that we're discussing last week in terms of lawful versus unlawful discharge of a weapon and what this amendment does, it removes references to the distinction of a lawful and unlawful discharge or firearm in a sporting range on page 2 of the committee report. And this amendment clears up the language that would allow someone to sue the sporting range regardless of whether the gun was fired lawfully or unlawfully. I think this was to clear up the confusion and make sure if there was negligence that the victim at least had an opportunity to go to the court and show and not have to be confused by the definition of being used in terms of lawful, unlawful discharge. And I think it's acceptable to the author.

SENATOR ESTES: Senator Hinojosa --

LT. GOVERNOR DEWHURST: The Chair recognizes Senator Estes on --

SENATOR ESTES: Thank you, Mr. President. Senator Hinojosa, I appreciate you bringing this and after we -- I know we had a good debate on the floor about this and it got me to thinking. I accept this. It does make it more clear, and thank you for your help on this. Appreciate it. The amendment is acceptable, Mr. President.

LT. GOVERNOR DEWHURST: Members, Senator Hinojosa moves the adoption of Floor Amendment No. 1, it's acceptable to the author, Senator Estes. Is there objection from any member? Chair hears no objection from any member and Floor Amendment No. 1 is adopted. Chair lays out Floor Amendment No. 2 by Senator Birdwell. The secretary will read the amendment.

PATSY SPAW: Floor Amendment No. 2 by Birdwell.

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

SENATOR BIRDWELL: Thank you, Mr. President. Members, Floor Amendment No. 2 does three things. It provides that a municipality may regulate the hours and operations of shooting range so long as those hours are not more restrictive than the least restrictive business hours allowed in that municipality, other than for bars and nightclubs. Second thing -- the other two things it does are administrative and correctional in nature to the original bill. Two, it strikes a cross reference in section six of the bill that was out of place. That cross referenced section contains to municipalities and annexation powers but section six of the bill actually only pertains to counties. And third it adds language to section six of the bill clarifying that counties may exercise authority in areas of the county that are subdivided into ten acre plats or less to regulate outdoor shooting ranges. This language appeared in the original Committee Substitute but was inadvertently left out of the second substitute, which is the one currently in effect. And the floor amendment adds that one back in. And I do believe the amendment is acceptable to Senator Estes, the author.

SENATOR ESTES: The amendment is acceptable.

LT. GOVERNOR DEWHURST: Senator Williams, did you wish to speak? No. The Chair recognizes Senator Estes on Floor Amendment 2.

SENATOR ESTES: Thank you, Senator Birdwell, for this. The fist one is a change in the bill that I agree with and then the second two are just basically technical corrections; is that correct?

SENATOR BIRDWELL: That's correct, yes, sir.

SENATOR ESTES: All right. The amendment is acceptable.

LT. GOVERNOR DEWHURST: Thank you, Senator Estes. Members, Senator Birdwell moves the adoption of Floor Amendment No. 2. It's acceptable to the author. Senator Estes, is there objection from any member? Chair hears no objection from any member, and Floor Amendment No. 2 is adopted.

SENATOR BIRDWELL: Thank you, Mr. President.

LT. GOVERNOR DEWHURST: Thank you, Senator Birdwell. The Chair lays out Floor Amendment No. 3 by Senator Ogden. The secretary will read the amendment.

PATSY SPAW: Floor Amendment No. 3 by Ogden.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Ogden on Floor Amendment 3.

SENATOR OGDEN: Mr. President and members. In the -- on line 243 -- 242 subparagraph C it addresses when damages may be awarded or an injunction may be obtained in a civil action brought under this section. As originally written, it could only be done if the operator acted with willful and wanton negligence. This amendment strikes the words "willful" and "wanton negligence" and I think it's consistent with the current standards with respect to damages and injunctive relief. I move adoption of Floor Amendment 3.

LT. GOVERNOR DEWHURST: Thank you, Senator Ogden. The Chair recognizes Senator Estes on Floor Amendment 3.

SENATOR ESTES: It's acceptable, Senator Ogden is right about this. It takes it back down to ordinary negligence, and I think it improves the bill. Thank you.

SENATOR OGDEN: Thank you, Senator Estes.

LT. GOVERNOR DEWHURST: Members, Senator Ogden moves that Floor Amendment -- the adoption of Floor Amendment No. 3. It's acceptable to the author, Senator Estes. Is there objection from any member? Chair hears no objection from any member, and Floor Amendment No. 3 is adopted. Chair recognizes Senator Estes for a motion.

SENATOR ESTES: Mr. President, I move passage to engrossment of Committee Substitute to Senate Bill 766.

LT. GOVERNOR DEWHURST: Thank you, Senator Estes. Members, you've heard the motion by Senator Estes. Is there objection from any member? Chair hears no objection from any member, and Committee Substitute to Senate Bill 766 as amended passes to engrossment. Chair recognizes Senator Estes for a motion to suspend the constitutional rule that bills be heard -- that bills be read on three several days. Thank you, Senator Estes.

SENATOR ESTES: So moved, Mr. President.

LT. GOVERNOR DEWHURST: Members, you've heard the motion by Senator Estes. 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 766 as amended. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 766 relating to liability of a sports shooting range and the regulation of certain firearms.

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

SENATOR ESTES: Thank you, Mr. President. I move final passage of Committee Substitute to Senate Bill 766.

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

LT. GOVERNOR DEWHURST: There being 31 ayes and no nays, a Committee Substitute to Senate Bill 766 as amended is finally passed.

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

LT. GOVERNOR DEWHURST: Thank you, Senator Estes. The Chair recognizes -- the Chair recognizes Senator Zaffirini for a motion to suspend the Senate's order of business to take -- excuse me -- consider Senate Bill 58.

SENATOR ZAFFIRINI: Thank you, Mr. President. Mr. President and members, Senate Bill 58 relates to the designation of segments of state highways 359, 16, and 185 as the Veterans of the Korean War Memorial Highway. According to the Veteran's Administration there are more than 2.1 million Korean veterans in the United States in 2010 and more than 2009. Of those, at least 124,820 lived in Texas. Often referred to as the Forgotten War the Korean War must be remembered and we must ensure that veterans of the Korean war are honored for their selfless sacrifice to their communities, the state of Texas and the United States. Dedicating a highway in honor of these veterans would serve us a reminder to not only them but also to their families and to all Texans of their unwavering patriotism. Generally then, Senate Bill 58 would rename Highways 359, 16, and 285 starting in the city of Laredo and ending in the eastern portion of the city of (inaudible) as the Veterans of the Korean War Memorial Highway. Mr. President, I move to suspend the Senate's regular order business to take up and consider at this time Senate Bill 58.

LT. GOVERNOR DEWHURST: Thank you, Senator Zaffirini. Members, you've heard the motion by Senator Zaffirini. 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 58. The secretary will read the caption.

PATSY SPAW: Senate Bill 58 relating to the designation of segments of State Highway 258, State Highway 16, and State Highway 359 as the Veterans of Korean War Memorial Highway.

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

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

LT. GOVERNOR DEWHURST: Members, you have heard the motion by Senator Zaffirini. Is there objection from any member? Chair hears no objection from any member, and Senate Bill 58 passes to engrossment. Chair recognizes Senator Zaffirini for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR ZAFFIRINI: Thank you, Mr. President, so moved.

LT. GOVERNOR DEWHURST: Members, you've heard the motion by Senator Zaffirini. 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 Senate Bill 58. The secretary will read the caption.

PATSY SPAW: Senate Bill 58 relating to the designation of State Highway 359, 16, and 285 as the Veterans of Korean War Memorial Highway.

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

SENATOR ZAFFIRINI: Thank you, Mr. President. I move final passage of Senate Bill 58.

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

LT. GOVERNOR DEWHURST: There being 31 ayes and no nays. Senate Bill 58 is finally passed. The Chair recognizes Senator Zaffirini for a motion to suspend its regular order of business to take up and consider Senate Bill 38.

SENATOR ZAFFIRINI: Thank you, Mr. President. Mr. President and members, I move to spend the Senate's order of business to take up and consider at this time Senate Bill 38 which relates to the inclusion of certain private post secondary educational institutions and career schools and colleges in the higher education accountability education system of the Texas Higher Education Coordinating Board. Members, Texas students, parents and policymakers are not provided with enough information regarding their options for higher education including for profit universities. To make an informed decision of attending for profit higher education institutions, Texans need better information about graduation rates, the number of tenured faculty and student demographic makeup. Texas has a nationally recognized higher education accountability system, and it would be strengthened by inviting for profit institutions to participate. Senate Bill 38 would provide Texans with significantly more information regarding for profit universities allowing Texans to ensure accountability in all institutions of higher education. Generally Senate Bill 38 would require that for profit institutions that operate in Texas enter into the state's higher education accountability system under the coordinating board to consult with them regarding the imposition of reporting requirements and adopt rules that clearly define the type of information to be clearly reported to the board. There is an amendment that will be offered by Senator Duncan, and I'll leave it to him to explain it. With that, Mr. President, I move suspension.

LT. GOVERNOR DEWHURST: Members, you've heard the motion by Senator Zaffirini. 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 38. The secretary will read the caption.

PATSY SPAW: Senate Bill 38 relating to the inclusion of certain private post secondary institutions and career schools and colleges in the higher education accountability school system.

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

PATSY SPAW: Floor Amendment No. 1 by Duncan.

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

SENATOR DUNCAN: Thank you, Mr. President, members. This just returns the caption in the statute back to its original form, review of institutional groupings. In looking at this in committee, I didn't see any reason why we needed to establish by topic head something that we really are just delegating to the board to do at this point in time, so that's the only thing the amendment does.

LT. GOVERNOR DEWHURST: The Chair recognizes Senator Zaffirini on Floor Amendment 1.

SENATOR ZAFFIRINI: Thank you, Mr. President, it is acceptable.

LT. GOVERNOR DEWHURST: Members, Senator Duncan moves adoption of Floor Amendment No. 1, it is acceptable to the author, Senator Zaffirini. Is there objection from any member? Chair hears no objection from any member, and Floor Amendment No. 1 is adopted. Chair recognizes Senator Zaffirini for a motion.

SENATOR ZAFFIRINI: Thank you, Mr. President. I move passage to engrossment of Senate Bill 38.

LT. GOVERNOR DEWHURST: Members, you've heard the motion by Senator Zaffirini. Is there objection from any member? Chair hears no objection, and Senate Bill 38 as amended passes to engrossment. Chair recognizes Senator Zaffirini for a motion suspend the constitutional rule that bills be read on three several days.

SENATOR ZAFFIRINI: Thank you, Mr. President, so moved.

LT. GOVERNOR DEWHURST: Members, you have heard the motion by Senator Zaffirini. 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 Senate Bill 38 as amended. The secretary will read the caption.

PATSY SPAW: Senate Bill 38 relating to the inclusion of certain private post secondary educational institutions and career schools and colleges in the higher education accountability system.

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

SENATOR ZAFFIRINI: Thank you, Mr. Presidents. I move final passage of Senate Bill 38.

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

LT. GOVERNOR DEWHURST: There being 31 ayes and no nays, Senate Bill 38 as amended is finally passed.

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

LT. GOVERNOR DEWHURST: Thank you. The following motion in writing. The secretary will read the motion in writing.

PATSY SPAW: Mr. President, I ask unanimous consent for Senate Bill 988 relating to the creation of a Cyber Security Education and Economic Development Council to be withdrawn from the committee on Transportation and Homeland Security and rereferred to the committee on Economic Development, Van de Putte author, Williams Chair committee for which bill is being withdrawn. Jackson Chair committee to which bill is being rereferred.

LT. GOVERNOR DEWHURST: Members, you heard the motion. Is there objection from any member? Chair hears no objection, and the motion is adopted. Members, the president's desk is clear. The president's desk is clear. Are there any announcements? Chair recognizes Senator Eltife for an announcement.

SENATOR ELTIFE: Thank you, Mr. President and members. The Senate Committee on Administration will meet today to consider posted bills and to certify bills for the next local and uncontested calendar which will be held this Thursday at 8:30 a.m. Today we will meet in room E1.714 at 3:00 p.m. That's 30 minutes after adjournment. Also the deadline for having bills read to the local and uncontested calendar is this Thursday March 31st at 10:00 a.m. Thank you, Mr. President.

LT. GOVERNOR DEWHURST: Thank you, Senator Eltife. Chair recognizes the Dean of the Senate for an announcement.

SENATOR WHITMIRE: Thank you, Mr. President. What I would do is move to suspend the 24-hour posting rule in accordance with Senate Rule 11.10 and 11.18 so that the finance subcommittee on public safety can meet this afternoon Monday March 28th, 2011, as 4:00 p.m. in E1028. The location of our subcommittee hearing is changing from the posted location. And if there are any questions. If not, I move for suspension.

LT. GOVERNOR DEWHURST: Thank you, Senator Whitmire. Members, Senator Whitmire moves to suspend the Senate's Rules 11.10 and 11.18 so the committee can meet this afternoon. Is there objection from any member? Chair hears no objection from any member, and the motion is adopted. Chair recognizes Senator Estes for an announcement.

SENATOR ESTES: Thank you, Mr. President. Members, the Committee on Agriculture and Rural Affairs will be meeting at 3:00 o'clock in E1.012. Members, we will be voting on a few bills right at the start. Right at 3:00 o'clock. Thank you.

LT. GOVERNOR DEWHURST: Thank you, Senator Estes. Are there any additional announcements? Hearing none, the Chair recognizes the Dean of the Senate for a highly privileged motion.

DEAN OF THE SENATE: I move that the Senate adjourn until 11:00 a.m. tomorrow.

LT. GOVERNOR DEWHURST: Members, you've heard the motion by Dean of the Senate. Is there objection from any member? Chair hears no objection, the Senate will stand adjourned until 11:00 a.m. tomorrow Tuesday, March 29th. (Adjourned.)