Senate Transcript, March 30, 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. Would all those on the floor please rise -- well, first -- excuse me. I'm going to recognize -- excuse me, I forgot. I'm going to recognize Senator Williams to introduce the pastor for the day.

SENATOR WILLIAMS: Thank you, Mr. President. Members, I'm honored today to introduce my dear friend and pastor Dr. Ed Robb, pastor of the Woodlands United Methodist Church. When Ed stepped up to the pulpit for the fist time in 1978 at the -- in front of the 30 members of the Woodlands United Methodist Church, one of them was heard to say, Well, I'm shocked, he's just a kid. He looked like he just got out of high school. And now, a quarter of a century later he -- although he had received his master of theology from the SMU Perkins School of Theology a couple of years earlier, he began his fledgling Methodist congregation, when has grown today to be one of the largest churches in Methodism. It's a thriving church, and we're glad to have him. He's been a great leader with great vision and great faith. He also serves as chairman of a foundation for theological education and is a trustee at the Institute of Religion and Democracy and also at Asberry Theological Seminary. It's my pleasure to introduce my close friend and pastor Ed Robb to give us the invocation.

LT. GOVERNOR DEWHURST: Thank you. If everyone would rise in the gallery and on the floor for the invocation to be delivered by Dr. Robb the pastor of Woodlands United Methodist Church

PASTOR: Let us pray. Oh, God. We come before You at the beginning of today's session remembering that You are the source of all life. You are almighty and everlasting. Slow to anger and abounded in steadfast love. Help us to remember that our days on this earth are numbered and that all of us shall stand in judgment of you and may that knowledge keep us on the right path. I ask, oh, Lord, that You would extend an extra measure of guidance to these senators and to the lieutenant governor as they deliberate the business of our state during these tough economic times. Give them strength for the task and sensitive hearts for the weak and those most in need. And finally, gracious God I pray that You will give these senators patience with one another. Enable them to work together as colleagues and friends believing the best about one another as they make difficult decisions during the days ahead. Amen.

LT. GOVERNOR DEWHURST: Amen. Dr. Robb, thank you, sir. Thank you. Please be seated, ladies and gentlemen. Thank you very, very much. Members, Senator Whitmire moves to dispense for the readings of yesterday's journal. Is there objection from any member? Chair hears no objection. So ordered. Chair recognizes Senator Wentworth to introduce the doctor for the day.

SENATOR WENTWORTH: Thank you, Mr. President. Members, it's my privilege to introduce our physician of the day Dr. Fred Marion. A graduate of the University of the Texas Medical Branch at Galveston. Dr. Marion completed his residency at Wright Patterson Air Force Base in Dayton, Ohio. Dr. Marion served as president of the Texas Medical Association from 2002 to 2003 and is currently part of Doctor is at your Door, a home visit program in Hayes County, in south Austin. Dr. Marion has been doctor of the day numerous times. His first time, members, listen to this. His first time was back in 1973 and is here today with his wife Mary who is as nurse. Please join me in welcoming both of them to the Texas Senate.

LT. GOVERNOR DEWHURST: Chair signs in the presence of the Senate the following.

PATSY SPAW: House Concurrent Resolution No. 114, House Concurrent Resolution No. 62.

LT. GOVERNOR DEWHURST: The Chair recognizes Senator Eltife for an announcement.

SENATOR ELTIFE: Thank you, Mr. President. And members. Mr. President and members, please help me welcome a group of community leaders from Marshal for visiting the Capitol today. Marshal is the county seed of Harrison County and a major cultural and educational center in northeast Texas. It is home to Marshal Pottery Company and Wiley College and near the incredibly beautiful Cato Lake. This group comes to visit every session and we had nice dinner last night and I'd like to ask the Marshal delegation, please stand in the gallery and be recognized. Members, help me welcome them to the Texas Senate. Thank you, Mr. President and members.

LT. GOVERNOR DEWHURST: Thank you, Senator Eltife. 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, confirmation of the Senate with respect to the following appointments. To be members of the Texas Diabetes Council: Maria O. Dwarte Gadilla, El Paso; John W. Griffin, Jr., Victoria; Don E. Yarbro, Garland. To be members of the Texas Optometry Board: John Cabow, Rockwall; Larry W. Fields, Carthridge; Maria Guitierrez, San Antonio. To be to be members of the Texas Board of Physical Therapy Examiners: Robert Gary Grey, Midland; Kathleen A. Lipke Hoffman, Garland; Daniel Rayna, Waco. To be members of the Texas Commission on Fire Protection: Elroy Carson, Ranson Canyon; Christopher M. Connelly, Cedarpark; John K. Gillette the III, Frisco; John W. Green, San Leon. To be members of the Lower Colorado River Authority: Jay Scott Arbuckle, El Campo; Steven Cayblast, Eagle Lake; John M. Franklin, Burnett; Bobbie L. Limber, Llano. To be members of the Texas State Appraiser Licensing and Certification Board: Walker R. Beard, El Paso; Cheryl R. Swift, Galveston; Donna L. Walls, Lubbock; Jamie S. Wiflike, Midlothian. And to be a member of the Statewide Health Coordinating Council: Abigail Blackburn, Austin. Respectfully submitted, Rick Perry, governor of Texas. To nominations.

LT. GOVERNOR DEWHURST: Thank you, Madam Secretary. Mr. Doorkeeper.

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

LT. GOVERNOR DEWHURST: Admit the messenger.

MESSENGER: Mr. President, I'm directed by the House to inform the Senate the House has taken the following action. The House passed the following measures. HCR79 by Aliseda in memory of the U.S. Marine --

LT. GOVERNOR DEWHURST: Thank you. Chair recognizes Senator Estes for an introduction.

SENATOR ESTES: Thank you, Mr. President and members. Members, today it is my distinct honor and privilege to recognize and welcome some distinguished guest with Leadership Gainesville from Cook County. And to commend their participation in the civic process, Leadership Gainesville group is here because of the sponsorship because from the Gainesville Chamber of Commerce. Gainesville is home to the unique program known as the Medal Of Honor host city. This program is intended to honor our true American heroes by bringing them to Gainesville for a festival every April. Gainesville is also home to North Central Texas College main campus and it takes great pride in the district educational opportunities offered by their community, through their community by this institution. So, members, would you please stand -- from Gainesville, members, please help me welcome them to the Texas Senate.

LT. GOVERNOR DEWHURST: Thank you, Senator Estes. Chair lays out Senate resolution No. 575 by Senator Williams and Senator Nichols. The secretary will read the caption.

PATSY SPAW: Senate Resolution 575 declaring Wednesday, March 30th, 2011, as Montgomery County Day at the State Capitol.

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

SENATOR WILLIAMS: Thank you, Mr. President and members. We have five floor guests with us today from Montgomery County. Charles Irvin with the Conroe Chamber of Commerce; Gary Gardener with the Community Chamber; Karen Smith with Rutledge Rucker and Smith; Dianne Holland with the Magnolia Parkway Chamber; and Nina Moreno with the Woodlands Chamber. Today we're celebrating the contributions of Montgomery County to our state. It was the third county that was formed under the Republic of Texas in 1837. The county's industries have included oil and lumber, but the abundant lakes and forest that we have make it an attractive designation with many opportunities for hunting, boating, fishing and hiking. There are many charming towns in Montgomery County including, of course, Conroe, Montgomery, Quarter, Oakridge, Shenandoah, and Willis. The woodlands located in southern Montgomery County is home to the Cynthia Woods Mitchell Pavilion which in 2010 was ranked third in the world out of the 100 top amphitheaters in the world based on attendance. The residents of Montgomery County take pride in our rich heritage. And Mr. President, I'd like to yield to my colleague Senator Nichols with whom I share Montgomery County.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Nichols for an introduction.

SENATOR NICHOLS: Thank you, Mr. President and members. Senator Williams and I are both very fortunate to have the opportunity to represent Montgomery County. And as he said, it's not only a wonderful place for recreational things but it's also an economic engine for the state of Texas. I've always liked to say that Montgomery County is a window to the future of Texas. Not only it offers a great historic past but the future is awfully bright down there. There's some wonderful people. I thank you for letting me have the opportunity to represent you and welcome to the Texas Senate today.

SENATOR WILLIAMS: I move adoption, Mr. President.

LT. GOVERNOR DEWHURST: Thank you, Senator Williams. Members, you've heard the motion by Senator Williams. Is there objection from any member? Chair hears no objection from any member, and the resolution is adopted. Chair recognizes Senator Ellis for an introduction. I see your lovely wife is here on the floor.

SENATOR ELLIS: I do. My wife needs no introduction. She keeps me in line, I will be on good behavior today. But I do have a dear friend, one of my mentors who gave me a scholarship to go to college, former Secretary of Education and head of the Houston Independent School District, Dean of the School Education of Southern University and he gave me a football scholarship. Secretary Rod Page is here today. Members, would you please welcome him. And Mr. President, he's here with his fellow board members from A Plus. They may be in the gallery, but they do a lot of fine work for the Houston Independent School District, and that's why he's here today, but thank you for letting me recognize him.

LT. GOVERNOR DEWHURST: Senator Ellis, are you advised that I seem to be running into Secretary Page from time to time in Houston and I've last seen him incognito with a baseball cap on. So, that's right.

SENATOR ELLIS: He's a good man. Thank you, Mr. President.

LT. GOVERNOR DEWHURST: Chair lays out Senate Resolution 601 by Senator Huffman. The secretary will read the caption.

PATSY SPAW: Senate Resolution 651 declaring Wednesday, March 30th, 2011, as Taxiderm Day at the State Capitol by Huffman.

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

SENATOR JOAN HUFFMAN: Thank you, Mr. President. Good morning, members. Today I stand to recognize a very special group visiting the Capitol today. We have some from Houston the greater Houston Taxiderm Club is here in honor of Taxiderm Day. On the floor today joining us are JD Joyce, who is a National Taxiderm member, and other members: Carolyn Lightfoot, Linda Vega, Chris Mower, and Burnadette Mackaroy. I'd like to also recognize club members joining us in the gallery led by former representative Martha Wang, welcome. The greater Houston Taxiderm Club, the visible part of our community which encourages broad participation in civic engagements. It's my pleasure to honor the club in all of their activities and I extend my best wishes today for a great day at the Capitol. Thank you for joining us. And Mr. President, I move adoption of the resolution.

LT. GOVERNOR DEWHURST: Thank you, Senator. Members, you've heard the motion by Senator Huffman, is there objection from any member? The Chair hears no objections, and the resolution is adopted. Members, the following report from the nominations committee. The chair recognizes Senator Deuell to explain the report.

SENATOR BOB DEUELL: Thank you, Mr. President. Members, I move to confirm the nominees that are listed on the committee action report placed on your desks. These nominees were taken up at our Monday, March 28th meeting.

LT. GOVERNOR DEWHURST: Thank you, Senator Deuell. Members, are there any motions to sever? Senator Deuell moves that the nominees reported favorably from the nominations committee be confirmed. The secretary will call the roll.

LT. GOVERNOR DEWHURST: There being 31 ayes and no nays, the nominees are confirmed. Chair recognizes Senator Gallegos for an introduction.

SENATOR GALLEGOS: Thank you. Mr. President and members, I'd like to recognize a dear friend of mine. She just got elected in the special election over at HISD. She was valedictorian of her high school and she graduated Rice University with three majors magna cum laude and she graduated also from UT Law. So I want to welcome our new school board member, very young, by the way, Juliette Depeche. And we're glad to have her on our Houston Independent School Board of trustees. Welcome, Juliette.

LT. GOVERNOR DEWHURST: Members, that concludes the morning call. Chair recognizes Senator Watson for a motion to suspend the Senate's regular order of business to take up and consider Committee Substitute to Senate Bill 290.

SENATOR WATSON: Thank you, Mr. President. I move to suspend the Senate's regular order of business to take up and consider at this time the Committee Substitute to Senate Bill 290 which requires the Texas essential knowledge and skills curriculum require instruction in personal financial literacy to be included in kindergarten through 8th grade math. I move suspension of the rules.

LT. GOVERNOR DEWHURST: Members, you heard the motion by Senator Watson. Is there objection from any member? Chair hears no objection from any member, and the rule is suspended. Chair lays out on second reading Committee Substitute to Senate Bill 29O. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 290 relating to including a personal financial literacy component in public school mathematics instruction.

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

SENATOR WATSON: Mr. President, I move passage of Committee Substitute to Senate Bill 290 to engrossment.

LT. GOVERNOR DEWHURST: Members, you heard the motion by Senator Watson. Is there objection from any member? Chair hears no objection from any member, and Committee Substitute to Senate Bill 290 passes to engrossment. Chair recognizes Senator Watson for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR WATSON: So moved, Mr. President.

LT. GOVERNOR DEWHURST: Easy for you to say. Members, you hard the motion by Senator Watson. 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 290. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 290 relating to including a personal financial literacy component in public school mathematics instruction.

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

SENATOR WATSON: Mr. President, I move final passage of Committee Substitute to Senate Bill 290.

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

LT. GOVERNOR DEWHURST: There being 31 ayes and no nays, Committee Substitute to Senate Bill 290 is finally passed.

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

LT. GOVERNOR DEWHURST: Thank you. Senator Davis, are you ready for your introduction? Senator Seliger, are you ready on 544? Chair recognizes Senator Seliger for a motion to suspend the Senate's regular order of business to take up and consider Senate Bill 544.

SENATOR SELIGER: Thank you, Mr. President. I move to suspend the regular order of business to take up and consider Senate Bill 544 relating to unlawful acts against and criminal offenses involving the Medicaid program. If a manufacturer produces products that are adulterated due to poor manufacturing practices and then the products are distributed to medical providers that bill the Medicaid program, the manufacturer is causing the billing providers to file a claim for Medicaid reimbursement for an unreliable or potentially dangerous product. Recently the attorney general of the state of Texas participated in a lawsuit that resulted in a settlement due to four different adulterated drugs. The drugs were adulterated because poor manufacturing practices at the plant and in a global settlement that included Texas and other states, the settlement was for $750 million. Senate Bill 544 expands the definition of civil Medicaid fraud to include those who cause false claims to be submitted to the Medicaid program for drugs and other products adulterated due to poor manufacturing practices and bring Texas in line with current national Medicaid fraud statutes. Mr. President, I move suspension.

SENATOR OGDEN: Senator Seliger moves suspension of the regular order of business to take up and consider Senate Bill 544. Is there objection? Hearing none, the rules are suspended. The Chair lays out on second reading Senate Bill 544. The secretary will read the caption.

PATSY SPAW: Senate Bill 544 relating to unlawful acts against and criminal offenses involving the Medicaid program.

SENATOR SELIGER: Mr. President, I move passage to engrossment of Senate Bill 544.

SENATOR OGDEN: All right. Senator Seliger is recognized for a motion to move Senate Bill 544 passage to engrossment. Is there objection? Chair hears none, the bill is passed to engrossment. Senator Seliger is recognized for a motion to suspend the constitutional three day rule.

SENATOR SELIGER: Thank you, Mr. President. I move to suspend the constitutional rule that bills be read on three several days regarding Senate Bill 544.

SENATOR OGDEN: The secretary will call the roll.

SENATOR OGDEN: There 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 544. The secretary will read the caption.

PATSY SPAW: Senate Bill 544 relating to unlawful acts against and criminal offenses involving the Medicaid program.

SENATOR OGDEN: Senator Seliger is recognized for a motion.

SENATOR SELIGER: Thank you, Mr. President. I move final passage of Senate Bill 544.

SENATOR OGDEN: The secretary will call the roll.

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

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

SENATOR OGDEN: Chair recognizes Senator Davis for an introduction.

SENATOR DAVIS: Thank you, Mr. Chair. I would like to welcome the National Association of Hispanic Firefighters and the Texas Hispanic Firefighters to the Texas State Senate today. They are sitting back here in the gallery. If you all will stand up. Since 1995, the National Association of Hispanic Firefighters has continued to encourage diversity within the United States fire service so that they can better serve communities throughout our nation. They're committed to enhancing fire and life safety services throughout the country for recruitment, training, mentorship and career development of men and women firefighters of all race, color, religion, creed, social or economic background to best reflect and serve others in time of need. Their goal is also to encourage firefighters to take a proactive approach to prevent harm, for bilingual fire and safety programs, to reduce the loss of life and property. We would like to take this opportunity to acknowledge the Hispanic firefighters throughout the state of Texas and the United States and thank them for being with us today. Thank you so much, guys.

SENATOR OGDEN: Senator Williams is recognized for a motion to suspend the regular order of business on Senate Bill 158.

SENATOR WILLIAMS: Thank you, Mr. President. Senate Bill 158 is doctor shopping legislation. We passed this bill last session, and it stalled out over in the House. The abuse of prescription drugs is a serious public health issue and the increasing diversion of prescription drugs is a cause for concern. More than 1900 Texans have died of accidental overdoses as of -- in 2008. 150 percent more than in 2000. Senate Bill 158 creates a criminal penalty for doctor shopping. It's section 48 -- 481.129 of the Health and Safety Code for patients who visit multiple practitioners and do not disclose that they are already receiving controlled substances. This bill passed unanimously from the Senate last session. Mr. President, I move to suspend the Senate's regular order of business in order to take up and consider Senate Bill 158.

SENATOR OGDEN: Senator Williams moves to suspend the regular order of business to take up and consider Senate Bill 158. Is there objection? Hearing none, the rules are suspended. The Chair lays out on second reading Senate Bill 158. The secretary will read the caption.

PATSY SPAW: Senate Bill 158 relating to the fraudulent obtaining of a controlled substance from a practitioner.

SENATOR OGDEN: Senator William is recognized for a motion.

SENATOR WILLIAMS: Move passage to engrossment.

SENATOR OGDEN: Senator Williams moves passage to engrossment of Senate Bill 158. Is there objection? Hearing none, Senate Bill 158 is passed to engrossment. Senator Williams is recognized for a motion to suspend the constitutional three day rule on Senate Bill 158.

SENATOR WILLIAMS: So moved.

SENATOR OGDEN: The secretary will call the roll.

SENATOR OGDEN: There being 30 ayes and one nay the three day rule is suspended. The Chair lays out on third reading and final passage Senate Bill 158. The secretary will read the caption.

PATSY SPAW: Senate Bill 158 relating to the fraudulent obtaining of controlled substance from a practitioner.

SENATOR OGDEN: Senator Williams is recognized for a motion.

SENATOR WILLIAMS: I move final passage.

SENATOR OGDEN: Senator Williams moves final passage of Senate Bill 158. The secretary will call the roll.

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

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

SENATOR OGDEN: Chair recognizes Senator Williams for a motion to suspend the regular order of business on Senate Bill 159.

SENATOR WILLIAMS: Thank you, Mr. President. Members, this is a related bill relating to employee diversions of controlled substances. According to the Department of Public Safety much of the diversions committed today are by registrants. People who are registered to handle controlled substances or their employees. By the nature of their profession or employment they have access to controlled substances that the public does not have and pharmacies, physicians offices many time these diversions or theft is committed by an employee. This bill would amend the Health and Safety Code to create an offense designed to address those persons who by the nature of their profession or employment divert controlled substances for personal use or for the use of another. This bill also passed unanimously from the Senate last session and died in the House. Mr. President, I move to suspend the Senate's order of business to take up and consider Senate Bill 159.

SENATOR OGDEN: Senator Williams moves suspension of the regular order of business to take up and consider Senate Bill 159. Is there objection? The Chair hears none, the rule is suspended. Chair lays out on second reading Senate Bill 159. The secretary will read the caption.

PATSY SPAW: Senate Bill 159 relating to the diversion of a controlled substance by certain persons.

SENATOR OGDEN: Senator Williams is recognized far motion.

SENATOR WILLIAMS: I move passage to engrossment.

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

SENATOR WILLIAMS: So moved.

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 159. The secretary will read the caption.

PATSY SPAW: Senate Bill 159 relating to the diversion of a controlled substance by certain persons.

SENATOR OGDEN: Senator Williams is recognize for a motion.

SENATOR WILLIAMS: I move passage to -- final passage.

SENATOR OGDEN: The secretary will call the roll.

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

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

SENATOR OGDEN: Senator Huffman is recognized on a motion to suspend the Senate's regular order of business to take up and consider Senate Bill 377.

SENATOR HUFFMAN: Thank you, Mr. President. Members, at this time I would move to suspend the Senate's regular order of business to take up and consider Senate Bill 377. Members, Senate Bill 377 raises the threshold age limit of the victim of a capital murder charge from age six to a child aged ten. Bringing Texas closer in line with other states that consider age for capital murder charges. Currently Texas has the youngest age limitation of states which consider age as a factor in a capital murder charge. So now what we'll do in this law, now, is if you intentionally murder a child under the age of ten, you would have committed the crime of capital murder. What this in effect does is bring in children --

SENATOR OGDEN: Members, can we have some order here? This is a pretty important bill.

SENATOR HUFFMAN: What this bill does in effect is bring in children who are age six, seven, eight, and nine who have been intentionally murdered and provide this to be a capital crime. I believe this is an important bill, and it's a bill that will work to protect and give justice to some of the most vulnerable citizens in Texas. So at this time I move suspension of the regular order of business.

SENATOR OGDEN: Senator Huffman moves suspension of the regular order of business to take up and consider Senate Bill 377. The secretary will call the roll.

SENATOR OGDEN: There being 28 ayes and two nays, the rule is suspended. Chair lays out on second reading Senate Bill 377. The secretary will read the caption.

PATSY SPAW: Senate Bill 377 relating to murder of a child as a capital offense.

SENATOR OGDEN: Chair recognizes Senator Huffman for a motion.

SENATOR HUFFMAN: Yes, sir, I move passage to engrossment.

SENATOR OGDEN: Senator Hinojosa, you rise for what purpose?

SENATOR HINOJOSA: To ask Senator Huffman a question.

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

SENATOR HINOJOSA: We debated this bill in Criminal Justice, and while I support the bill and voted for it, you know that I still have some concerns in the way our system is set up on capital punishment. We still have a lot of issues, and I would like you to get involved also in trying to make sure we have a process where we actually convict the guilty and not someone who is innocent. DNA has gone a long way in helping out. As you well know, we had a lot of people who are wrongly convicted, but I would appreciate that you make some commitment to help make it a better system so that we minimize wrongful convictions, especially when the death penalty is involved.

SENATOR HUFFMAN: And I'm committed to working with you and other senators who are interested in working on this issue and I believe that there has been progress made and I believe we're working together and I hope we continue to do so, Senator Hinojosa.

SENATOR HINOJOSA: Thank you.

SENATOR OGDEN: Senator Huffman moves passage to engrossment of Senate Bill 377. The secretary will call the roll.

SENATOR OGDEN: There being 27 ayes and three nays, the bill is passed to engrossment. Senator Huffman is recognized for a motion to suspend the constitutional three day rule.

SENATOR HUFFMAN: Mr. Chairman, I move suspension of the constitutional three day rule.

SENATOR OGDEN: The secretary will call the roll.

SENATOR OGDEN: There being 26 ayes, four nays, the constitutional three day rule is suspended. The Chair lays out on third reading and final passage Senate Bill 377. The secretary will read the caption.

PATSY SPAW: Senate Bill 377 relating to murder of a child of a capital offense.

SENATOR OGDEN: Senator Huffman is recognized for a motion.

SENATOR HUFFMAN: Mr. President, I move final passage of Senate Bill 377.

SENATOR OGDEN: The secretary will call the roll.

SENATOR OGDEN: There being 28 ayes and two nays, the bill is finally passed. Senator Shapiro. Senator Shapiro is recognized for a motion to suspend the regular order of business on Committee Substitute to Senate Bill 331.

SENATOR SHAPIRO: Thank you very much, Mr. President and members. Committee Substitute to Senate Bill 331 --

SENATOR OGDEN: Gentlemen, could y'all -- gentlemen, could you part so Senator Shapiro can lay out her bill?

SENATOR SHAPIRO: Thank you, Mr. President. At this time, I move to suspend the Senate's regular order of business to take up and consider Committee Substitute to Senate Bill 331. K2 also known as Spice, Johnnie, Fire and Ice is a legal substance currently marketed as incense and it's been sprayed with a chemical compound that mimics the effects of THC, which is an active ingredient in marijuana. It's being smoked by people of all ages to produce intoxicated effects despite being labeled on the package as "not for human consumption." K2 is dangerous. In fact, the original creator of these compounds, Dr. John Huffman, a clinical university of organic chemistry professor has said, It's like playing Russian roulette. You don't know what it's going to do to you. People who use it are idiots. There's no beneficial or legitimate use for these products, and it is critical that Texas join at least 16 other states that have already banned this very dangerous substance. Mr. President, I move passage of Committee Substitute to Senate Bill 331. I move to suspend the Senate's regular order of business at this time.

SENATOR OGDEN: Senator Shapiro moves to suspend the Senate's regular order business to take up and consider Committee Substitute to 331. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading, Committee Substitute to Senate Bill 331. The secretary will read the caption.

PATSY SPAW: Committee substitute to Senate Bill 331 relating to designating certain cannabinoids as controlled substances.

SENATOR OGDEN: Senator Shapiro is recognized for a motion.

SENATOR SHAPIRO: Thank you, Mr. President. I move that we move Senate Bill -- Committee Statute to Senate Bill 331 passes to engrossment.

SENATOR OGDEN: Is there objection? Hearing none, bill is passed to engrossment. Senator Shapiro is recognized far motion to suspend the constitutional three day rule.

SENATOR SHAPIRO: So moved.

SENATOR OGDEN: The secretary will call the roll.

SENATOR OGDEN: There being 30 ayes and one nay, the constitutional three day rule is suspended. Senator Shapiro is recognized -- no, the Chair lays out on third reading and final passage Committee Substitute to Senate Bill 331. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 331 relating to designating certain synthetic cannabinoids as controlled substances.

SENATOR OGDEN: Senator Shapiro is recognized for a motion.

SENATOR SHAPIRO: Thank you, Mr. President. I move final passage of Committee Substitute to Senate Bill 331 at this time.

SENATOR OGDEN: Senator Hinojosa?

SENATOR HINOJOSA: Just to ask Senator Shapiro a question.

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

SENATOR HINOJOSA: Thank you, Mr. President. Senator, we heard testimony on this bill before the Criminal Justice committee. And one of the ironic things about this bill, situations is that the -- this drug synthetic drug actually is a lot more damaging than actual marijuana.

SENATOR SHAPIRO: You're absolutely right.

SENATOR HINOJOSA: We continue to charge people for using marijuana for medical purposes, at some point we need to adjust the law otherwise. We have young people using this type of drug which is really, really harmful and dangerous as compared to the natural herbs.

SENATOR SHAPIRO: Which is the natural and this is synthetic and the combination of some of the things that they put into this is deadly. It is. We don't know what it can do.

SENATOR HINOJOSA: Thank you for your bill.

SENATOR SHAPIRO: Thank you.

SENATOR OGDEN: Move final passage. Senator Shapiro moves final passage of committee statute to Senate Bill 331. The secretary will call the roll.

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

SENATOR SHAPIRO: Thank you.

SENATOR OGDEN: Senator West. Senator West is recognized for a motion to suspend the regular order of business on Committee Substitute on Senate Bill 473.

SENATOR WEST: Thank you very much Mr. President, members of the Senate. I move to suspend the Senate's regular order of business to take up and consider at this time committee statute to Senate Bill 473. Mr. President and members, this particular bill comes as a result of the part of an interim study that the lieutenant governor asked us to do that dealt specifically with the issues concerning individuals that were in houses that title hadn't been passed down to. And so what we attempted to do with this particular bill is utilize the adverse statutes of the state of Texas, create an exception wherein you have a cotenant that's occupying the property on a continuous basis for ten years, paying the property taxes and allowing that person to file what's called an affidavit of adverse possession along with an affidavit of heirship so that the title can be vested in that person's name and then we give five additional years for someone who's a cotenant of the property to come back in and redeem the property if necessary. I move to suspend the regular order of business.

SENATOR OGDEN: Senator West moves suspension of the regular order of business to take up and consider Committee Substitute to Senate Bill 473. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute to Senate Bill 473. The secretary will read the caption.

PATSY SPAW: Committee statute to Senate Bill 473 relating to adverse possession of real property by cotenant heir against other cotenant heirs.

SENATOR OGDEN: Following amendment. The secretary will read the amendment.

PATSY SPAW: Floor Amendment No. 1 by West.

SENATOR OGDEN: The Chair recognizes Senator West to explain his amendment.

SENATOR WEST: Thank you, Mr. President. Members, this amendment simply requires that an individual up the filing of the affidavit of adverse possession to make a good faith attempt to notify other cotenant heirs of their intent to adversely possess by sending notice certified mail to the last known address and by publishing for four consecutive weeks in the newspaper of general circulation and counties where the property is located. I move adoption.

SENATOR OGDEN: Senator Harris is recognized to ask a question.

SENATOR HARRIS: Yes. Thank you, Mr. President. Senator West, in the last three minutes you were making your statement, you were mumbling so bad I couldn't understand you. What area were you talking about?

SENATOR WEST: (Inaudible.) I'm sorry, what was your question again?

SENATOR HARRIS: What were you talking about? Was that the affidavit of --

SENATOR WEST: We're creating an affidavit of adverse possession and wanting to make certain that within a 15 year period of time that we can now give property -- where a title company will actually give a title to that cotenant who has been in continuous possession, has paid the taxes and paid the property.

SENATOR HARRIS: Now, Senator West, who or what entity is going to have the duty to come up with the form of the affidavit? Or --

SENATOR WEST: I mean, the form? I don't understand the question.

SENATOR HARRIS: I mean, are you trying to go for a uniformed form?

SENATOR WEST: No. What we do, if you look at the bill on page 1 it talks about what has to happen before you can file the affidavit of heirship, and so I guess someone could write it down on a piece of paper or go to an attorney or whatever the case may be in order to satisfy the statute. The whole purpose of this bill is to make certain that we can have someone with a title, and if the reason that it came up is because of all the issues we had down at the coast, concern of the various storms and no one actually had title to the property. Senator Harris, you know as well as I that many individuals who die in testate leave property and whoever's in the property ends up taking care of it, but when you get to the point where something needs to be done and it requires a title, those individuals don't have that title and so what this would do is after 15 years allow that person to have title to that property.

SENATOR HARRIS: Okay. Thank you, Senator West.

SENATOR WEST: Yes, sir.

LT. GOVERNOR DEWHURST: Members, the motion in front of us is a motion for the adoption of Floor Amendment No. 1 bill by Senator West. Is there objection from any member? Chair hears no objection from any member and Floor Amendment No. 1 is adopted. Chair recognizes Senator West for a motion.

SENATOR WEST: Mr. President, I move passage to engrossment of committee statute to Senate Bill 473.

LT. GOVERNOR DEWHURST: Thank you, Senator West --

SENATOR WEST: As amended.

LT. GOVERNOR DEWHURST: Your heard the motion by Senator West. Is there objection from any member? Chair hear no, sir objection and Committee Substitute to Senate Bill 473 as amended passes to engrossment. Chair recognizes Senator West for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR WEST: So moved, Mr. President.

LT. GOVERNOR DEWHURST: Members, you heard the motion by Senator West. 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 473 as amended. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 473 relating to adverse possession of real property by cotenant heirs against other cotenant heirs.

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

SENATOR WEST: Mr. President, at this time I move final passage of Committee Substitute to Senate Bill 473 as amended.

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

LT. GOVERNOR DEWHURST: There being 29 ayes and two nays, a Committee Substitute to Senate Bill 473 as amended is finally passed. Good bill. Senator Fraser, are you ready on 332? Perfect. Chair recognizes Senator Fraser for a motion to suspension the Senate's regular order of business to take up and consider Committee Substitute to Senate Bill 332.

SENATOR FRASER: Members, Committee Substitute for 332, I would now lay it out and give you an explanation. 332 is addressing the rule of capture that was established in Texas in 1904 by the Supreme Court's East ruling. In this case, the court ruled that a landowner has an ownership interest in the groundwater well beneath the property. That ownership gives the landowner the right to capture the groundwater without being held liable for damage to other landowners. Ground water conservation districts, GCDs, were created by the legislature and designated as the state's preferred method of groundwater management. These districts are charged with the task of protecting and reserving the state's groundwater resources. Committee Substitute for 332 clarifies the ownership of groundwater by stating that the legislature recognizes that the landowner has an ownership interest in the water below the surface as an interest in the landowner's real property. It also adds language to define that ownership interest, this definition is the same language that the Texas Supreme Court had used since the 1930s to describe the ownership of an interest in migratory substance below the surface of the land including the liability protection under the rule of capture that still applies to ownership interest as it does in oil and gas. Members, the -- we recognize that this issue is -- what we're attempting to do here, the description I use is that in this square here, if I own the piece of land, I own everything down below it including the water rights and I should have the right to drill a well in a fair chance to produce. But included in that would be the right of the water con -- recognizing both the right and the obligation of the water conservation district to define the amount of water that is in the basin and how much water should be produced. This is an issue that when it was laid out Senator Duncan had a -- what I called a competing bill. It was a different concept. After we heard this, we got all the people, the parties involved, had multiple meetings with both the parties and lawyers, came up with language and the bill that we crafted coming out, we got an agreement of everyone that was in the room, took it to the floor and the bill ended up passing out unanimously out of the committee. There are two issues that -- other things we had to address. One is subsided districts in Houston. We took them out of the bill, and they are not impacted. The other one is the Edwards Aquifer Authority. Senator Hegar had concerns about how this would work together. There's a bill that he laid out yesterday that would remove the Edwards Aquifer Authority from chapter 36 in that bill we heard yesterday. We didn't have the people in the room to vote it out, but it is my plan at the end of the day to suspend the rules, allow him to have a vote on that bill at my desk with the assumption that that bill, he will be able to pass and it clears up for the San Antonio people that the Edwards Aquifer would not be adversely affected. That, I hope is the description. If anyone has any questions, I will be glad to answer. If not, I would now move that we suspend the regular order of business to take up and consider Committee Substitute for Senate Bill 332.

SENATOR CARONA: Senator Watson, for what purpose?

SENATOR WATSON: Question of the author.

SENATOR CARONA: Senator Fraser, do you yield?

SENATOR FRASER: I would love to yield.

SENATOR WATSON: Thank you, Senator Fraser. I want to start with what you were just talking about on the Edwards Aquifer Authority. One of the issues that's come up with regards to the Edwards Aquifer Authority is that there was a suit filed that dealt with the concept of whether or not you could have a taking by that authority as a result of vested rights.

SENATOR FRASER: That is the Day case, it is worked up and it is now pending at the Texas Supreme Court.

SENATOR WATSON: That's right. And in that Day case one of the issues was at the trial court level, the trial court ruled that there could not be a taking suit because there was not a vested right. That was reversed, as I remember, by the 4th court of appeals and now, it's in the Supreme Court and it comes down to the issue of whether or not the right is vested. And your bill, what it would do is it would expressly state that there is a vested right.

SENATOR FRASER: The answer to your question is a yes and no. The Edwards Aquifer Authority operates under a separate part -- piece of law. We have chapter 36 that everyone else operates under, and then there's a Edwards Aquifer Act that they operate under. The reason we put them there is remember, because of a settlement with Judge Button out in Midland on an endangered species. They have operated under separate acts and there are very clear instructions in chapter 36 that says if the two acts are in conflict, the Edwards Aquifer Act prevails. The case that you're talking about that was filed in reference, interestingly even though that was mentioned, it was actually -- they're arguing about how much water they should be able to produce and the fact that they were arguing with the Edwards Aquifer about the historical use doctrine and the way that's being interpreted. So even though that was mentioned, it's not -- you know, the word "vested" even though it was mentioned in there, I don't think is the issue they're arguing.

SENATOR WATSON: No, I think -- well, I respectfully disagree with you. I think what the argument is there is all about whether or not there's a vested right. The trial court said that there -- the trial court said that there was not a vested right, the 4th court said there was and what the Edwards Aquifer Authority is arguing is that you don't have a vested right until, under the rule of capture, you bring it to the surface. And so the vested right issue is paramount in that. And that's really one of the concerns I have with the bill, you and I -- and I appreciate the way you have talked to me about it. One of the issue that I have is that what you have done with this legislation is in several places -- and I want to talk about historical use in just a second. You have specifically indicated that it is now a vested right, so that in those instances where someone wants to bring a takings claim, you have created the first step in a takings claim, even though you've done some really good work and I compliment the work you have done in the other bill to try to avoid that, and since you bring up the Edwards Aquifer, it's not where it is in statute, the argument about the vested right is a common law argument. So I guess my question to you is would you be willing -- in an effort to do what you're attempting to do, would you be willing to take an amendment where you remove the word "vested" so that you don't change that common law aspect of our law, you don't create a situation where now, you're making the determination on a case that's in the Texas Supreme Court?

SENATOR FRASER: Okay. Well, I guess I'll answer that in reverse. Because I am sorry, I disagree with your interpretation on this is that the Day case -- vested would imply the right to drill a well. In the Day case, they already had a well and they were talking about how much they were going to produce. The vested right language, it's a very interesting topic, and I can tell you I think Senator Duncan is listening very clearly here because of the -- I don't know how many hours it was, but multiple hours we spent with lawyers discussing this, a whole lot of that time was spent discussing the word "vested" and should it be in or not in the bill. I think in the final meeting, here's the question, the line of questions that I -- we asked the lawyers. If "vested" is in the bill, does that give you a better chance of filling a takings claim? They said no. If "vested" is taken out, does it improve your chance of fighting off a takings claim? They said no. I said, Well, what does that mean. They said, It really doesn't matter. I said, Why should we leave it in the bill. They because it is sprinkled all through the statute and it is sprinkled throughout case law and it is the appropriate word for the -- in the case of this bill. So at the end of the day, we spent a lot of time on it and I have to say there was a point where I thought maybe we should look at taking out. I think all the lawyers in the room agreed that probably it is the appropriate thing to leave it there through this, and I can't say that in the process, at the end of the day, when it comes back to conference, whether it will be in or out. But quite frankly I don't think the magnitude you're describing, and I'm hoping Senator Duncan, if he wants to jump in and discuss this, but I think the agreement we made is that we thought we needed to leave the word "vested" in place because it was the appropriate word at -- you know, in the bill.

SENATOR WATSON: Well, let me move to -- let me just say this last thing and I'll move to something else. The common law -- you are dealing with changing common law and there is a debate about whether or not there is a vested right and on the rule of capture, the concept of it coming to the surface and then being captured as opposed to a vested right in the water that is under the surface and that gets into the whole area of the common law and whether relative lights as they apply to groundwater. So I think you're making a substantive change. And if, in fact, your lawyers are advising you it doesn't make a difference, my recommendation would be that you take that word out so it doesn't make a difference and you don't create a conflict in what it is you say you're attempting to do in terms of taking the lawsuits. But let me move to another topic and ask you about it. One of the other things you mentioned when you are talking about Senator Hegar's bill is you got into the concept of some districts having historical use as opposed to the fair chance concept of future use. And you would agree with me that there is a difference between what some districts do in terms of historical use and what your bill would indicate what other -- districts can't do in terms of fair chance on a future basis.

SENATOR FRASER: Okay. Well, again, I'm going to do this in reverse. The first thing you talked about -- I disagree that you're saying that we're making a change to statute. I don't believe we are at all. I think we're actually just clarifying what we always believed what was passed in 1904 in the East case. In the East case was confirming that a landowner has a right to drill a well and a fair chance to produce. But we also have a caveat by putting in that water conservation districts that we said, We want you to be the referee and then you determine how much water they should be able to produce from that well and we're not in any way specifying what that amount should being. We're putting it back on the conservation districts and the conservation districts, we believe their powers are not impacted by this. And I think that was the agreement that came out because they were opposed to my bill when we started. But with the language we put in from current law got them to a comfort level and they endorsed the bill.

SENATOR WATSON: Well, maybe I'm not asking my question clearly. Here's what I'm asking about. Do you agree with me that there are some groundwater districts that make their determination based upon historical use?

SENATOR FRASER: Without a doubt. And the ultimate one on that is the Edwards Aquifer Authority.

SENATOR WATSON: Right. And so if it's based on historical use and there has been no historical use, but yet you say in your bill that a landowner, now, has a fair chance regardless of historical use, that is making a change in the way some districts currently make the determination on production.

SENATOR FRASER: That is not correct. I think the opinion of the people in the room is that by putting current law -- the current law data in the bill, that gave them the current level and comfort level and we are not in any way impacting the conservation districts. They will still operate as they have, and their job is to be the referee.

SENATOR WATSON: Except that -- and maybe we just disagree in the way your right language comes across. What your language says, instead, is that there's a vested ownership interest in that fair chance. And entitling that fair chance regardless of what the historical use would be. You add another requirement for those conservation districts.

SENATOR FRASER: And as the conversation we had earlier, we didn't have 50 lawyers in the room but almost, and if you have 50 lawyers, you get 50 opinions and they're usually guided by whoever is paying their bill, they get real opinionated by who's giving them a paycheck.

SENATOR WATSON: Well, that's personal. Now you're getting personal. I'm going to have to call a point of order on that.

SENATOR FRASER: See, I can say that as a nonlawyer. There you go.

SENATOR WATSON: All right. Well, thank you, Mr. President.

SENATOR CARONA: Senator Hegar, for what purpose do you rise?

SENATOR HEGAR: To ask Senator Fraser to yield.

SENATOR CARONA: Senator, will you yield?

SENATOR FRASER: Yes.

SENATOR HEGAR: Thank you, Senator Fraser. You stated you were working on this and I know you put a lot of time on this and a lot of other members have in trying to get to some language that everyone feels comfortable with. And No. 1, to follow up on the discussion, I think it's important for the members in the discussion of what is a fair chance to produce, at least if I recall in the discussions we have, under current law you have the chance to go and get a domestic or a livestock well. So even if the pumping cap, the limits, the mag and the DFCs and once we know there's no more water to permit, people are not completely shut out, at least from the standpoint of being able to get some type of water either from a livestock or domestic well.

SENATOR FRASER: That is true, and we're not in any way impacting that.

SENATOR HEGAR: And so part of the discussion that I was trying to ask is a fair chance to produce to produce what? And it could be said, as I think I heard you mention, to kind of recodifying current law to some degree and putting in more clear parameters of the balancing act that this state will have to continue to engage in to balance the benefit of the public with the opportunity to have water as well as those that may not have a permit today, that fair chance to produce can be the production of a domestic or a livestock well.

SENATOR FRASER: That is correct.

SENATOR HEGAR: And then yesterday, we had a hearing on Senate Bill 1625 that I'm carrying, is also important to Senator Van de Putte and Senator Wentworth, Senator Uresti, Senator Zaffirini from representing the San Antonio and the greater San Antonio area with the Edwards Aquifer. And hearing that piece of legislation, which I appreciate you mentioning in your opening statements there, that you'd be willing to make sure that we have a vote on the bill this afternoon at your desk to allow me to continue to advance the ball for us at this local issue that's so vital to us. To make sure to clarify in the hearings yesterday I had asked the question of one the witnesses, the last witness that is there a conflict between the federal court case and the pumping limits that were established in that case, which we have put in statute here, as the only area in the state of Texas where we've actually put in statute limits and drawn down limits and a whole lot of other things, that does the limits established in that case essentially conflict with the fair chance to produce. And the answer was yes. And so I think that because that it is so vital that we have the opportunity to pass that piece of legislation through especially with this legislation moving.

SENATOR FRASER: And I would further what you just said, that there's very clear provision in chapter 36 that says that any time there's a conflict between the -- anything in 30 -- in chapter 36 or the Edwards Aquifer Act, the Edwards Aquifer Act will always prevail, and in that act there's very clear provisions addressing what you just said. So the interpretation in my mind is those protections are already there because it already flows to the Edwards Aquifer. But I think in the arguments we heard yesterday from the Edwards Aquifer Authority and yourself in laying out the bill is that you want that assurance by just removing it from chapter 36 and that's what that -- the vote is about today. Quite frankly, I disagree because I think those protections are already there but I understand very clearly and I also know the ones that are concerned would like to do it and I also very clearly understand that you have the votes to do that and I will not only -- I will allow you to lay out that bill and have a vote and I'm very, very comfortable that that will pass and it will get to come to the floor.

SENATOR HEGAR: And I appreciate and I understand our difference of opinions that, you know, you feel assured that those protections are there adequate, and I respect that and I really appreciate your willingness to make sure that I can continue to advance that position on the benefit of all of us in that local area to make sure that we essentially put that issue to rest once and for all and keep it in that lock box. So I appreciate that and I appreciate your commitment on that, Senator. Thank you very much.

SENATOR FRASER: You bet.

SENATOR CARONA: Senator Van de Putte, for what purpose do you rise?

SENATOR VAN DE PUTTE: Will the gentleman yield for some questions?

SENATOR FRASER: I would love to yield.

SENATOR VAN DE PUTTE: Thank you, Mr. Chairman. Thank you. And in listening to the debate and the dialogue between yourself and Senator Hegar, right now the language of your bill is pretty disastrous for what we have built up in working a regional plan over the last 20 years on Edwards Aquifer and so --

SENATOR FRASER: Can I -- I can't let you go past that. I totally disagree that this bill -- you used the word "disastrous." I would say that's not even a fair -- not even close to a fair evaluation. There is a concern that it could impact. But in current law it says that the Edwards Aquifer Act will always prevail over anything that is in chapter 36, which is what we are amending with this bill. So yes, there is a concern that it might impact over there, I don't believe it would, but the clarification of that is what Senator Hegar's attempting to do, is just clarify that the Edwards Aquifer Act is independent, which I believe it is now. But I would hate to stop -- and the word is not "disastrous" and that word was never used in any of the meetings we had and I don't believe that EEAA believes it's disastrous, I believe they had concerns.

SENATOR VAN DE PUTTE: No, that's my word. And my word in disastrous is knowing the history of where we begin in the 80s on this in disastrous in the -- having a nonclear statute even though we do think that the Edwards Aquifer Authority that chapter does take precedence, the disastrous part for me is that we would be open to litigation again just given that it's water and we have those pumping limits set into statute and have been and that regional authority works so closely, it's disastrous in my opinion because it leaves the ambiguity. And, Senator Fraser, I am telling you having represented the area now for 20 years, it is a vehicle for more litigation. And so for me -- the Edwards Aquifer Authority did not say that it is disastrous, but it's disastrous because it gives somebody the ability to go back to court and that's what I'm fearful is. So I really appreciate. That's what I wanted to ask, is the dialogue that you had with Senator Hegar and especially thank you for allowing his bill that has all of our names on it to have a vote in your committee today. That is really our protection, but that's what I believe is that -- I'm worried in your current language it just makes us -- somebody able to go back and litigate again and again what has already been solved the last 20 years.

SENATOR FRASER: And what I realized in this discussion, first of all, this is really a big deal what we're doing. What we're doing is important and also I may have to say multiple times, my battle for sure is not with the Edwards Aquifer or San Antonio that would be impacted by utilization, that's not and I am one of 31 members. I disagree with your thought on it, but I don't think -- I think that probably there are others in the body that feel strongly in the other direction. That's the reason I have agreed to bring the bill forward. I do believe it will pass out of my committee, and I do believe it will come to the floor and I feel like between all of you, y'all will work hard to get it, you know, to the other side. So it -- we're, you know -- I don't -- I understand where you're coming from and I think the protections are there but obviously if we take Edwards Aquifer out of the 36, it adds another level of comfort.

SENATOR VAN DE PUTTE: Thank you so much, Senator. Thank you for your work on this and understanding that we're just extremely protective of particularly the structure that we have worked on these last 20 years to give us what we must, which is those pumping limits, and we're working under those statutes. And it is important to San Antonio but, in fact, it is the region that Senator Wentworth represents which is the Springs area and Comal County and Hayes, all of that as well as our downstream users. So it's a huge regional, and I appreciate this and I don't have any other further questions.

SENATOR FRASER: Lots of thirsty people in central Texas.

SENATOR VAN DE PUTTE: Absolutely. Thank you, Senator.

SENATOR CARONA: Senator Duncan, for what purpose do you rise?

SENATOR ROBERT DUNCAN: Question of the author and --

SENATOR CARONA: Senator Fraser, do you yield?

SENATOR FRASER: Yes, I do.

SENATOR ROBERT DUNCAN: Thank you. And Senator Fraser, I want to thank you for your patience with me. While the bills were competing, actually we were trying to lay out a concept so that we could thoroughly debate the different sides of the issue. So I am pleased in your tolerance and patience of all of us who had specific interest in this bill and it has regional impact as well. The -- what I want to try to summarize too, and you done an excellent job of explaining the bill, is we are recognizing that the surface owner has or the landowner has a vested interest in the groundwater below the surface and I think everyone believes that today. I know there's a dispute with regards to the Edwards Aquifer Act and chapter 36 recognizing owner interest in groundwater today. We've clarified that with a definition of what a landowner is and how that works but we've also done something more important in this bill which I think solves at least half of Senator Watson's concerns. Is that we recognize that that interest is subject to the rule of capture. That's a common law defense to weigh or to your neighbor being able to if your neighbor wants to draw his water -- draw water from underneath the ground that robs your water table, there's no remedy for that. In other words, that rule of capture provide the defense to neighboring landowners, but it also allows and it is also subject to the rules and regulations of the groundwater districts. Especially with regard to the desired future conditions and other requirements. Now, many of you don't, and I didn't really appreciate the strength of the Texas constitution with regard to the ability of groundwater districts to balance the competing interest of landowners to water. And historical use, Senator Watson, has always been an issue and it's -- you know, it's an issue that has to be evaluated nearly on a case-by-case basis and the Edwards Aquifer Act for example, by statute we require them to use a historic use principle. We also put a cap on the amount of water -- a statutory cap on the amount of water. It's different from what we call the other chapter 36 districts. But the constitution of the state of Texas, article 16 section 59 has a very specific empowerment in the state of Texas to conserve the natural resources of the state. We call it in here -- we recognize that as a public interest but actually the constitution said it is the right and duty of the legislature to conserve the natural resources of the state. So if you're concerned about a takings claim and there can be takings claim under this bill, under any bill, the -- I think the protections of chapter 16 section 59 certainly provide a strong argument with regards to takings claims as long as the groundwater districts are reasonable and as long as the laws of this state are reasonable. The Edwards Aquifer Act -- and I'm strongly in favor of removing it completely from chapter 36. It's different. Most of the litigation, not all but most post litigation that has occurred with the groundwater districts comes out of the -- or chapter comes out of the Edwards Aquifer because it's a different theme. It was required by federal opinion that we were in violation of the Endangered Species Act. It took strict action. It involves one of the major cities in the United States and their water supply, it applies to irrigators up and down the aquifer and it has been a carefully negotiated and balanced piece of legislation. And so it is different and I think it should be treated differently. So I'm fine with the way this works. As one who has the oldest groundwater district in the state of Texas and some of the -- and one of the most rich aquifers for agriculture and municipal use, I am satisfied that this bill recognizes -- it doesn't grant a right, it simply recognizes a vested right in the groundwater below the surface subject to the rules of capture and subject to the rules of groundwater district to carry out their constitutionally mandated duty. Those are locally elected folks, and you would think that locally elected folks would want to make sure that they properly and fairly manage the competing interest of the groundwater. So I want to try to answer those questions that Senator Watson had and I wanted to also congratulate Senator Fraser for having patience and tolerance with Senator Hegar and me as we've worked through this and battled this thing out in various meetings we've had over the last month or so.

SENATOR FRASER: And I appreciate the input of not only yourself but Hegar and all the other -- Senator Estes, all the members that sat in on the meetings and it's like we always do here. If we talk about it enough, we can try to find the middle and hopefully we found the middle here the fact that it was voted unanimously out of committee and hopefully we can pass it through the Senate, send it to the other side.

SENATOR HARRIS: Will the Senator yield?

SENATOR FRASER: I'd love to yield.

SENATOR HARRIS: Okay. I got a couple of quick questions. Now, as I understand this, on a piece of property I own the water under it now, I now have a vested interest in that water, do I not?

SENATOR FRASER: And I believe you have always had that since 1904. We're just clarifying that you do have a vested interest in that water below your property.

SENATOR HARRIS: Okay. Now, would this be any different than the mineral estate?

SENATOR FRASER: We have attempted not to address the commonality between watter and oil even though you can't escape that. I believe this square that I'm standing in that I own everything from here to the center of the earth and it's the fair chance doctrine, which if there's oil and gas there, I deserve the right to drill a well and I deserve a fair chance to produce. Now, as an old oil guy, I drilled lots of wells that didn't have -- did not produce oil. So the fair chance, you don't know it's going to be there, water's going to be there or oil's going to be there. Same thing with water. You deserve a chance to pursuit, but it's also subject to the other laws of the state, which is the water conservation districts. And they will prevail and be the referee.

SENATOR HARRIS: Now, I could reserve to myself, by myself, the mineral estate, can I not?

SENATOR FRASER: Yes.

SENATOR HARRIS: Will I also be able to reserve to myself the water interest?

SENATOR FRASER: And you're getting into an area of law that I would -- I think my answer to that is no because it is subject to the rules of the water conservation district and I think the difference here that probably the reason there's an argument about water and oil is that oil tends to be embedded in the rocks and it's just sitting there; whereas water tends to be migratory. And the water may be there today and it may be there tomorrow and it's -- that's one of the reasons I've always -- they've had trouble coupling the two but there also are a lot of like comparisons. So I would say you do not have the rights to a specific amount of water. You have the right to drill a well, a fair chance to produce but it's subject to then the water conservation districts have got to determine the manageable level of the water, the desired future condition and how you fit into that structure. We have given them that right, and they're going to be the referee.

SENATOR HARRIS: What if there's no water conservation district?

SENATOR FRASER: Say it again. I'm sorry.

SENATOR HARRIS: What if there's no water conservation district?

SENATOR FRASER: Then the rule of capture prevails, and you basically get to produce a -- it's the largest straw theory is that you drill a well, you produce what you can. If there's not a conservation district it goes back to common law that was established in 1903.

SENATOR HARRIS: All right.

SENATOR FRASER: And this bill does not impact that.

SENATOR HARRIS: Thank you.

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

SENATOR DAVIS: To ask a question of the author.

LT. GOVERNOR DEWHURST: Senator Fraser, will you yield?

SENATOR FRASER: I don't have my earphones, I think maybe we'll be okay.

SENATOR DAVIS: I will try to speak very loudly. Senator Fraser, can you please -- I know there were some conflicts between the bill that you filed and the bill that Senator Duncan filed and I just want to make sure we clarify for everyone's understanding today. Starting with, can you just talk about the general purpose you filed your bill. What problem were you trying to solve?

SENATOR FRASER: Clarification both to the public, the legislative intent that question leaves that you have an ownership interest. It's basically a very simple concept, this square that I stand in, I own everything below and I have a right to drill a well and produce some water subject to the water conservation districts. Now, the problem where you're heading to, I didn't address in my original bill that relationship with the water conservation district. I believe, because it was already in law that we didn't need to mention it. Senator Duncan, the way that he -- the direction he went recognizing those rights of the water conservation district. Where we ended up at the end of the day agreeing is we took pieces of the different bills that have been filed, put them in one bill and we said, Yes, we have a vested right and a right to produce under the fair chance principle. But we also -- that is subject to the rights of the water conservation district. We took current law and put it in the bill recognizing those rights and determined that through the Texas constitution that Senator Duncan mentioned, we recognize those rights and we use the word "recognized" in the bill.

SENATOR DAVIS: Okay. And Senator Fraser, would you mind yielding for me to ask Senator Duncan a question?

SENATOR FRASER: I would love to yield, and he could answer the technical questions. Yes, I would yield.

SENATOR DAVIS: Senator Duncan, I just want to make sure for my own understanding, and I think I understand the original proposal and the solutions you advanced, but can you talk about your original concerns and how you feel the solution was advanced by virtue of the changes that were made in the bill.

SENATOR DUNCAN: Well, thank you. My original concerns were that we're moving into for the first time in Texas really a pretty significant effort to manage groundwater from a conservation perspective. You recall several years ago we passed a bill that required groundwater management areas which were the groups of groundwater districts over an aquifer to develop desired future conditions. And then from those desired conditions, then they would be implementing rules that would allow the aquifer to be sustained for a longer period of time. For example, on Loco Island, the two biggest districts have developed desired future conditions of 50 percent of the aquifer will be less in 50 years. So in order to accomplish that there will have to be rules and there will have to be collaboration among groundwater districts as well as groundwater districts as well as producers and those who are in the area. My fear was always is that whatever rules that they would implement would be subject to significant litigation at an expense that they couldn't afford or the state couldn't afford. So that was my concern primarily because I think we need this in Texas, the constitution mandates it. As we worked through the concept, you recognize vested owners, I think everyone agrees, at least all the lawyers that I've talked to agree, there is some -- there is an ownership interest in the ground below the surface. So you make it subject to the rule of capture which what it is today, if you look at Cipriano, which is the last, I think, leading Texas Supreme Court case on this. Rule of capture prevails. But you also expressly recognize that that vested interest is subject to not only the rule of capture but also the rules and regulations to the groundwater especially in implementing the DSCs that we need to sustain irrigated agriculture and municipalities in area regions of the state. I became very comfortable that the bill accomplished the purposes of the stakeholders who were strongly for it as well as the commodity groups that support the bill now and as well as those who are I think philosophically in line with a property right in groundwater below the surface. So that's a long answer to a short question, but that's how I became comfortable with the bill.

SENATOR DAVIS: Okay. Thank you. Thank you, Mr. Chair.

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

SENATOR FRASER: Mr. President, I would now move to suspend the regular order of business to take up and consider Committee Substitute for Senate Bill 332.

LT. GOVERNOR DEWHURST: Members, you heard the motion by Senator Fraser. Is there objection? Is there objection from any member? The secretary will call the roll.

LT. GOVERNOR DEWHURST: There being 28 ayes and three nays, the rule is suspended. The Chair lays out on second reading Committee Substitute to Senate Bill 332. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 332 relating to the vested ownership interest in groundwater beneath the surface of land.

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

SENATOR FRASER: Members, I would now move passage to engrossment of Committee Substitute to Senate Bill 332.

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

LT. GOVERNOR DEWHURST: Members, there being 28 ayes and three nays, Committee Substitute to Senate Bill 332 passes to engrossment. Chair recognizes Senator Fraser for a motion to suspend the constitutional rule that bills be read on three several days.

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

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

LT. GOVERNOR DEWHURST: There being 27 ayes and four nays, the rule is suspended. Chair lays out on third reading and final passage committee statute to Senate Bill 332. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 332 relating to vested ownership interest in groundwater beneath the surface of land.

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

SENATOR FRASER: Members, before I make the final motion, this is not unlike other pieces of legislations passed. We recognize that what we're doing here is very important for the future of Texas. I appreciate very much the work of my committee on this because it was the ultimate work in progress. I started out with a bill that I wasn't sure if I could even get through my own committee, and by then end of the vote we got a unanimously. I thank my Vice Chair Senator Estes for the work he did. He's been a real leader in water. Senator Duncan, always respect his opinion and he was wonderful to work with. We learned a lot from each other through the process. Senator Hegar, Senator Deuell sat in on meetings. Senator Seliger was in on meetings, so we had a great group that worked. I would give them my thank you and hopefully passing this out and get it to the other side, see what they send us back. And hopefully the bill will pass and be a clarification of the individual property rights on water that we believe is one of the core principles that American Texas was founded on. I would move final passage of Committee Substitute to Senate Bill 3342.

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

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

LT. GOVERNOR DEWHURST: There being 28 ayes and three nays, a Committee Substitute to Senate Bill 332 is finally passed. 246. The Chair recognizes Senator Shapiro for a motion to suspend the Senate's regular order of business to take up and consider Committee Substitute to Senate Bill 246.

SENATOR SHAPIRO: Thank you very much, Mr. President. At this time I move to suspend the Senate's regular order of business to take up and consider Committee Substitute to Senate Bill 246. The cost of providing performance guarantees within toll service agreements are increasingly more expensive than in the past. Committee statute to Senate Bill 246 seeks to address this by allowing for flexibility in determining the performance, security in tolling services. It states that a performance security may not be required in a tolling service agreement if it would have a financially negative impact on a regional toll road authority. Move -- suspend the rules of the regular order of business.

LT. GOVERNOR DEWHURST: Thank you, Senator Shapiro. Members, you heard the motion by Senator Shapiro. Is there objection from any member? The Chair hears no objection, the rule is suspended. Chair lays out on second reading Committee Substitute to Senate Bill 246. The secretary will read the caption.

PATSY SPAW: Committee statute to Senate Bill 246 relating to toll collection services provided by regional toll way authority.

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

SENATOR SHAPIRO: Thank you, Mr. President and members. I move passage to engrossment of Committee Substitute to Senate Bill 246 at this time.

LT. GOVERNOR DEWHURST: Thank you, Senator. Members, you have heard the motion by Senator Shapiro. Is there objection from any member? Chair hears no objection from any member and Committee Substitute to Senate Bill 246 pass to engrossment. Chair recognizes Senator Shapiro for a motion the suspend the constitutional rule that bills be read on three several days.

SENATOR SHAPIRO: So moved.

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

LT. GOVERNOR DEWHURST: There being 29 ayes and two nays, the rule is suspended. Chair lays out on third reading and final passage Committee Substitute to Senate Bill 246. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 246 relating to toll collection services provided by regional toll way authority.

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

SENATOR SHAPIRO: Thank you, Mr. President. Members, I move final passage of Committee Substitute to Senate Bill 246 at this time.

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

LT. GOVERNOR DEWHURST: There being 30 ayes and one nay, Committee Substitute to Senate Bill 246 is finally passed.

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

LT. GOVERNOR DEWHURST: Chair recognizes Senator Hegar for a motion to suspend the Senate's regular order of business to take up and consider Committee Substitute to Senate Bill 737.

SENATOR HEGAR: Thank you, Mr. President and members. Permitting decisions for local groundwater conservation districts need to be based upon the impact that permit water will have on the ability of the district to achieve desired future positions. Current law ties the permitting decisions exclusively to whether or not a permit will exceed the manageable management groundwater. From a management standpoint making such decision based upon an inflexible mandate is not realistically to accomplish the purpose of desired future conditions. Senate Bill 737 provides guidance to the districts to consider also including current projected exempt use, the amount of permitted groundwater, the amount of groundwater actually being produced under the permits and the annual precipitation and production of patterns. Senate Bill 737 changes the word "managed" to "modeled" to more accurately reflect what the definitions describe. Three, this is a bill that has consensus language developed by the Texas Development Association of Groundwater Committee. And I would move to suspend the Senate's regular order of business to take up and consider Committee Substitute to Senate Bill 737.

LT. GOVERNOR DEWHURST: Thank you, Senator. Members, you have heard the motion by Senator Hegar. Is there objection from any member? Chair hears no objection from any member and the rule is suspended. Chair lays out on second reading a Committee Substitute to Senate Bill 737. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 737 relating to the management of groundwater production by groundwater conservation districts.

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

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

LT. GOVERNOR DEWHURST: Thank you, Senator. Members, you heard the motion by Senator Hegar. Is there objection from any member? Chair hears no objection from any member and Committee Substitute to Senate Bill 737 passes to engrossment. Chair recognizes Senator Hegar for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR HEGAR: So moved.

LT. GOVERNOR DEWHURST: Members, you heard the motion. 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 737. The. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 737 relating to management of the groundwater production by groundwater conservation districts.

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

SENATOR HEGAR: Thank you, Mr. President. Move final passage of Committee Substitute to Senate Bill 737.

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

LT. GOVERNOR DEWHURST: There being 31 ayes and no nays, the Committee Substitute to Senate Bill 737 is finally passed. Members, this is our last bill for today. Chair recognizes Senator Nichols for a motion to suspend the Senate's regular order of business to take up and consider Committee Substitute to Senate Bill 646.

SENATOR NICHOLS: Thank you, Mr. President. I move to suspend the Senate's regular order of business to take up and consider Committee Substitute to Senate Bill to 646. Members, this is the Texas Forest Sunset Bill. Forest service is originally created in 1915, part of Texas A&M University System. Originally focused on the forest of east Texas, now the Texas Forest Services established a statewide presence over the last 20 years especially in wild fire prevention suppression. Forest Service carries out the following activities: Provides personnel and grant funding to help volunteer firefighters suppress fires, responds to other incidents such as hurricanes and floods and trains teams of local emergency response staff. They help landowners, communities with sustainable forest practices to ensure the overall health of forest trees in Texas. Forest Service is subject to the Sunset Act and will be abolished September 1, 2011, unless this is continued by the legislature. Sunset Commission found that Texas needs to continue the Forest Service but that improvements can be made to the agency's wild fire planning protection and response row. This bill provides a Forest Service with clear authority for its wild fire response and planning row. It authorizes Forest Service to take all necessary actions to respond to wild fires to help best protect communities. Authorize a Forest Service to involve the voluntary fire service and staff statewide fire response services needed qualifications. Requires Forest Service to develop a Texas wild fire protection plan to be reported to the legislature. Positions in the volunteer fire department assistance program to better serve the Forest Service strategic wild fire protection goals of the whole state by requiring they include a criterium regarding wild fire risk and threat of loss to communities when awarding program grants. It authorizes Forest Service to allocate a portion of its volunteer assistance program funding to help volunteer fire departments meet cost sharing. Requires the Forest Service to adopt volunteer assistance program rules, hold public meetings when making decisions, it continues a Forest Service for 12 years and authorizes the agency's current emergency management role of training and maintaining regional incident response teams. With that I move suspension of the Senate's regular order of business.

LT. GOVERNOR DEWHURST: Thank you, Senator Nichols. Members, you have heard the motion by Senator Nichols. Is there objection from any member? Chair hears no objection, and the rule is suspended. Chair lays out on second reading Committee Substitute to Senate Bill 646. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 646 relating to the continuation and functions of the Texas Forest Service.

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

SENATOR NICHOLS: Mr. President and members, I move passage of Senate Bill 646 to engrossment.

LT. GOVERNOR DEWHURST: Thank you, Senator. Members, you have heard the motion by Senator Nichols. Is there objection from any member? Chair hears no objection from any member and Committee Substitute Senate Bill 646 passes to engrossment. Chair recognizes Senator Nichols for a motion to suspend the constitutional rule that bills be read on three several days.

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

LT. GOVERNOR DEWHURST: Thank you, Senator Nichols. Members, you heard the motion by Senator Nichols. 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 Committee Substitute to Senate Bill 646. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 646 relating to the continuation and functions of the Texas Forest Service.

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

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

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

LT. GOVERNOR DEWHURST: There being 31 ayes and no nays, Committee Substitute to Senate Bill 646 is finally passed, sir.

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

LT. GOVERNOR DEWHURST: Thank you, Senator Nichols. Members, that concludes the -- the president's desk is clear. The Chair recognizes Senator Zaffirini for an introduction.

SENATOR ZAFFIRINI: Thank you, Mr. President. Mr. President and members, it is my great pleasure to introduce three Senate pages from northeast Bexar County in Senate District 21 which I represent. All three are students of the school of Science and Technology Alamo in San Antonio. It's my pleasure to introduce and ask them to stand as I call their names. Josh Galut, Denny Hamrick and Christian Rodriguez. Would you please stand and be recognized and welcome to the Texas Senate. Thank you for your good work. Thank you, Mr. President and members.

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

SENATOR ELTIFE: Thank you, Mr. President and members. I am giving notice that the local and uncontested calendar session will be held tomorrow March 31st at 8:30 a.m. A copy of the calendar has been furnished to each of you. The bills and resolutions will be considered on second and third reading in the order listed. I also move to suspend Senate Rule 11.13 so that committees can meet tomorrow morning during the local and uncontested calendar session. Thank you, Mr. President.

LT. GOVERNOR DEWHURST: Thank you, Senator Eltife. Members, you have heard the motion by Senator Eltife. Is there objection from any member? Chair hears no objection from any member, and Senate Rule 1113 is suspended. Chair recognizes Senator Duncan.

SENATOR DUNCAN: Thank you, Mr. President. Members, Senator Fraser's asked that I move to suspend the Senate Rules 11.10 and 11.18 so that the Committee on Natural Resources can meet at Senator Fraser's desk upon adjournment to take up pending business.

LT. GOVERNOR DEWHURST: Thank you, Senator Duncan. Members, you have heard the motion by Senator Duncan. Is there objection from any member? Chair hears no okay from any member and Senate Rule 1110 and 1118 is suspended. To enable the Senate Natural Resources Committee to meet at Senator Fraser's desk. Chair recognizes Senator Carona for an announcement.

SENATOR CARONA: Thank you, Mr. President. Members, the Committee on Business and Commerce will meet at 1:15 in the extension auditorium to take up the posted list of bills.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Williams for an announcement.

SENATOR WILLIAMS: Thank you, Mr. President. Members, the Senate Committee on Transportation and Homeland Security will meet in the extension 30 minutes after adjournment to take up and consider posted bills.

LT. GOVERNOR DEWHURST: Thank you, Senator Williams. The Chair recognizes Senator Nichols for an announcement.

SENATOR NICHOLS: Yes, sir for an announcement. Members, Senate Committee on Intergovernmental Relations will reconvene upon adjournment in E1028.

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

DEAN OF THE SENATE: Mr. President, I move that the Senate recess until 8:30 a.m. tomorrow so that we may consider a local and uncontested calendar at that time and at the conclusion of the calendar the Senate will adjourn until 10:00 a.m. Thursday 31st.

LT. GOVERNOR DEWHURST: Thank you, Dean. Members, you heard the motion by Senator Whitmire. Is there objection from any member? Chair hears no objection from any member and the Senate will stand in recess until 8:30 tomorrow morning to consider the local calendar and upon conclusion of the local calendar the Senate will stand adjourned until 10:00 a.m. Thursday March 31st. (Adjourned.)