Senate Transcript, March 31, 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. Members, a quorum is present. Would all on the floor please rise and ladies and gentlemen in the gallery please rise for the invocation to be delivered by Pastor Jim Williams, North Side Baptist Church of Victoria.

PASTOR: Let's pray together. Heavenly Father, we thank You that You are a God who gives strength in our weakness and our faults. You call us to cast our cares upon you and so we come today, our state stands in need of You and of Your help to face the challenges before us. These women and men have a huge task before them and we pray today for wisdom that You will enable them to know what is right and to do what is right. Grant them the power this day to make decisions so that some day those who come after us may look back on these people who are gathered here and say of them, They stood the test. The pressures on them are great, the demands on them are endless, the different ways that they are pulled are countless. They need a strength that only You can provide, but we thank You, God, that You do provide. Give them an ability to receive the help that you have for each one of them in their own unique burdens and bless them as they seek to make our state a better place. And we ask this in the name of the one You sent to save us, by Your mercy and by Your love. Amen.

LT. GOVERNOR DEWHURST: Pastor Williams, thank you, sir. Please be seated, ladies and gentlemen. Thank you so much. Members, Senator Whitmire moves to dispense with the reading of yesterday's journal. Is there objection from any member? Chair hears no objection from any member, so ordered. Mr. Doorkeeper.

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

LT. GOVERNOR DEWHURST: Admit the messenger.

MESSENGER: Mr. President, I'm directed by the House to inform the Senate that the House has taken the following action. The House has passed the following measures: HB74 by Flynn relating to person's authorized to control the disposition of the remains of certain members of the United States Armed Forces --

LT. GOVERNOR DEWHURST: Chair recognizes Senator Carona for the purpose of an introduction.

SENATOR CARONA: Members, thank you very much for the recognition this morning. Members, I'd like to gather your attention for just a moment. We have two very special guests here with us this morning. They're working on a piece of legislation relative to internet crimes against children. That is a horrific problem in the United States with some 340,000 computers that have been identified that are likely trafficking in this type of hideous pornography and we have two very dedicated people who have come to Texas to help us with this legislation as they work across the country. One is television and movie actor David Keith is with us here today. David, if you would stand over here. He's right here, members. And also we're very honored to have Ed Smart, the father of Elizabeth Smart, with us this morning and Ed goes around the country helping legislatures and communities deal with crimes against children. He's dedicated his life to that. And so please welcome these two fine individuals and if you have a moment come over and say hello. Thank you.

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

SENATOR WENTWORTH: Thank you, Mr. President. Members, it's my privilege to introduce the doctor of the day. Dr. Michael Dominquez. Dr. Dominquez is a family physician with the Texas Health Medical Group and a board member of San Antonio Family Endeavors, a nonprofit agency that provides services in support of children, families and those struggling with disabilities. Recently named one of San Antonio's best doctors by Scene in San Antonio, Dr. Dominquez is a graduate of the medical school at the university of Texas Health Science Center in San Antonio and completed his residency at Texas Tech in El Paso. Dr. Dominquez is married to Tamara, also a family physician, and they have three children: Robert who's and twin daughters Maggie and McKayla who are nine. Please join me in welcoming Dr. Dominquez to the Texas Senate.

LT. GOVERNOR DEWHURST: Members, there are a number of different -- I'm going to recognize several of you members on some introductions. We've got three introductions, three resolutions and I signed off last night on like 15 or 20 bills. We got a lot of bills today. So, Chair recognizes Senator Whitmire for a motion to suspend the rules 11.10 and 11.18 to move the Criminal Justice committee meeting to the Betty king Room.

SENATOR WHITMIRE: Yes, sir. You did an excellent job of explaining what my motion is. I would like to move the Criminal Justice meeting that had been scheduled at my desk to the Betty King on adjournment. And I'd also, Mr. President, like to suspend and add Senate Bill 1416 at the request of Senator Hinojosa. It allows -- it makes it a crime to throw spikes on the highway if you're being chased by law enforcement because of some incident along the border. This is a critical matter, and I'd like to kick it out today. So I move to suspend the rule so we can hear Senate Bill 1416 and move the committee meeting to the Betty King room.

LT. GOVERNOR DEWHURST: Thank you, Senator. Members, you have heard the motion by Senator Whitmire. Is there objection from any member? Chair hears no objection, so ordered. Again, we've got three resolutions, three recognitions and a lot of bills. Chair lays out Senate resolution 601 by Senator Van de Putte. The secretary will read the caption.

PATSY SPAW: Senate Resolution 601 commending the participants in the United States Army's Senior Service College Fellows program and extend to them best wishes for continued success. By Van de Putte.

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

SENATOR VAN DE PUTTE: Thank you, Mr. President. Mr. President and members, it's my honor today to sponsor Senate Resolution 601 honoring these fine senior service college fellows. Each year the Department of the Army selects a limited number of these officers to be fellows. These individuals participate in fellowship at universities and civilian universities, institutes and government agencies in lieu of resident attendance at a senior service college. There are about officers in this active component. The Army National Guard, the U.S. Army Reserve will be assigned to the U.S. Army War College to study and conduct research in the capacity during any given academic year. As selected, fellows of the United States Army Senior Service College Fellows Program, these fine men and women are attending UT Austin and Texas A&M and are here to be commended for their commitment to continuing their education in the areas of national security policy and implementation of technology and industry and, of course, military policy and process. Today on the Senate floor and in the gallery we have distinguished offices who together have more than 250 years of combined military experience and have each served in numerous deployments in support of Operation Enduring Freedom and Operation Iraqi Freedom. Today on the Senate floor, and I'd ask them to step forward as I read their names, we have with us Colonel William Bailey, Colonel Timothy Baxter, Colonel Robert McVey, Colonel James Ramer and Colonel William Rober. And off to the side over here, you see a couple of our friends here. We have Colonel Curt Pinkerton and Colonel Dale Rivers. And, of course, with us, members, you might recognize our former House colleague member of the Texas House for many years Colonel Richard Noriega. In the gallery we have with us some more of our college fellows, and I'd ask them to stand. Colonel Maria Zumal, Colonel John Anderson, Colonel David Carsmarsky, Colonel William Phillips and Colonel Willy Rios III. Members, please join me in a round of applause for our officers as we wish them the best for continued success.

LT. GOVERNOR DEWHURST: Thank you, Senator Van de Putte. Senator Van de Putte moves the adoption of the resolution. Is there objection from any member? Chair hears no objection, so ordered.

SENATOR ELTIFE: Senator Uresti. The Chair recognizes Senator Uresti for an introduction.

SENATOR URESTI: Thank you, Mr. President. Members, good morning. We have some distinguished guests here today from west Texas celebrating Loving County Day, Reeves County Day and Ward County Day. I'm sure you heard about the population shift away from rural Texas. Well, two of these counties, Loving and Reeves, gained population in the last census and Ward County almost held its own, losing only about 250 people. The growth of Loving County is nothing short of eye popping. Over the last 10 years its population grew by more than percent with the addition of 15 people. With the 2010 population of just 82 honest hard working folks, Loving County proudly remains the least populous county in the United States and the least densely populated county outside of Alaska. That's the way they like it. Oil ranching and agriculture are the mainstays of these three counties, and you've got to come out this way to taste the best cantaloupe or see the largest oil barrel in the world. Members, each of these counties make -- made its own contribution to Texas history and all three reflect rich cultural heritage of our state. On the floor today we have Loving County Judge Skeet Jones. We have Reeves County Judge Dr. Bong. We also have Ward County Judge Greg Holly. And in the gallery, would you folks please stand up? We have folks from all three counties, they drove about six hours to get here. Members, will you please help me welcome these great Texans to the State Capitol. There they are right there.

SENATOR ELTIFE: Thank you, Senator Uresti. Chair lays out the following resolution. Secretary read the resolution.

PATSY SPAW: Senate Resolution 508 recognizing the National Aeronautics and Space Administration for its leadership and accomplishments in the state of Texas. By Jackson.

SENATOR ELTIFE: Chair recognizes Senator Jackson on the resolution.

SENATOR JACKSON: Thank you, Mr. President. Members, it's my pleasure today to recognize members from NASA and Bay Area Houston Economic Partnership to the Capitol for Space Week Texas 2011. NASA Johnson's Space Center is a leader in American space exploration policy. In 2010 NASA completed three successful space shuttle missions and celebrated the 10th anniversary of a permanent human presence on board the International Space Station. NASA plays a vital role in our economy for the state and the United States. Its technological achievements have permeated all of the state's major industries. In addition they are nurturing a new generation of explorers and scientists through education programs like Texas Aerospace Scholars. We have as our guest today on the floor Mr. Kick Sherman, the deputy program manager of the International Space Station program. Will you wave, please? There he is. Mayor Aneese Parker, the mayor of the city of Houston. Welcome, Mayor. Mr. Bob Mitchell, the president of the Bay Area Houston Economic Partnership. Mr. Doug Wheelock, a NASA astronaut. Members, STC120 saw use Time TMA19ISS Expedition 24 commander of ISS expedition 25. I'd say that's experienced. We've also got Hannah Bradley who is a Texas Aerospace Scholars alumni and current University of Texas student. Good to have you. And we also have Mr. Mike Kincaide as director of external relations of NASA JSC over here. Members, we're kind of at a big turning point in where we're going with NASA with what is going on with the federal government in Texas. I'm just so proud to represent the men and women down at the Johnson Space Center and the great job that they do. Would y'all please help me welcome them to their Texas Senate?

SENATOR URESTI: Chair recognizes Senator Gallegos on the resolution.

SENATOR GALLEGOS: Thank you, Mr. President. Members, I just want to join Senator Jackson on this resolution and welcome our friends from NASA and especially my mayor from my hometown mayor Aneese Parker. Welcome. Thank you.

SENATOR JACKSON: Mr. President, I move adoption of Senate Resolution 508.

SENATOR ELTIFE: Members, you have heard Senator Jackson's motion. Is there objection of the adoption of the resolution? Chair hears none, resolution is adopted. Thank you, Senator Jackson. Welcome to the Texas Senate. Chair recognizes Senator Huffman to make an introduction on behalf of Senator Eltife.

SENATOR HUFFMAN: Thank you, Mr. President. I'm honored to make an introduction today for Senator Eltife. Please help me welcome the Mount Pleasant Titus Chamber of Commerce celebrating Mount Pleasant Day at the Capitol. These community leaders are here to visit with their elected officials and learn about the state government. Are they here in the gallery? Would y'all please stand up so we can welcome you? Wow, great crowd.

SENATOR ELTIFE: Great delegation from Mount Pleasant, Titus County. Thank you for being here. Thank you, members.

SENATOR HUFFMAN: Thank you so much for being here. Thank you, Mr. President.

SENATOR ELTIFE: Thank you, Senator Huffman. Chair recognizes Senator Watson for an introduction.

SENATOR WATSON: Thank you, Mr. President. Members, I am really pleased. We are joined today in the gallery by a group of folks with the Texas Association of Symphony Orchestras, they're here in the west gallery. That is compromised of 32 members, these volunteers are committed to supporting the orchestra across Texas and New Mexico. Formed in 1965, the Texas Association of Symphony Orchestras provides a forum for the exchange of ideas to promote the interest in growth of symphony orchestras around the state. This group is in Austin this week for their annual conference. Each spring a different city serves as host of the association for the conference where educational workshops are led by well known speakers, annual awards are presented and entertainment really has no limit, as you might guess. I am pleased to be joined in the gallery this morning by the following members. Jan Bradley, the president. Jan Fabulaire, the president elect. Sherry Davis and Mary Padgett from here in Austin. Tiffany Ammerman, Laura Hyde, Annette Finley, Laverne Golub, Joy Smith, Emma Jean Tanner, Cynthia Lancaster and Connie Ware. And I might add, members, for your knowledge, I was asked to recognize this group by somebody who is very involved with our symphony here in Austin. Someone that you know and recall, that's our own Betty king, the former secretary of the Senate. Will you please help me in welcoming to the Texas Senate today the Texas Association for Symphony Orchestras.

SENATOR ELTIFE: Thank you, Senator Watson. And some of these wonderful women in the symphony are from my district as well. Thank you for the introduction. Welcome to the Texas Senate. Chair lays out the following resolution. Secretary read the resolution.

PATSY SPAW: Senate Resolution 677; whereas the Senate of the state of Texas is pleased to recognize John W. Griffin, Jr., for his dedicated service as chairman of the board of the American Diabetes Association; and whereas a graduate of Austin College and the University of Missouri School of Law, Mr. Griffin serves as managing partner for the firm of Merritt Griffin and Knapp; and whereas over the course of his career, Mr. Griffin has been a tireless advocate for those with disabilities. Among the many cases he has brought to trial was his successful argument in Capshoot versus San Antonio that persuaded the 5th Circuit Court of Appeals to revisit its blanket exclusion of people with insulin treated diabetes from employment; and whereas Mr. Griffin is active in numerous civic and professional organizations including the Victoria Chamber of Commerce, the College of the State Bar of Texas, the Texas Diabetes Council, and the Texas Center for Legal Ethics and Professionalism. He is truly deserving of recognition for his outstanding efforts on behalf of the American Diabetes Association. Now, therefore be it resolved that the Senate of the State of Texas 82nd Legislature hereby commends John W. Griffin, Jr., on his exemplary service as chairman on the board of the American Diabetes Association and extend to him best wishes for continued success in all his future endeavors. By Lucio and Hegar.

SENATOR ELTIFE: The Chair recognizes Senator Lucio on the resolution.

SENATOR LUCIO: Thank you, Mr. President. Members, as you know, I am very passionate about stopping diabetes, especially childhood diabetes. So it is my absolute pleasure today to recognize a man who shares my passion and is a five-star general in the war against diabetes. My very dear friend, our friend John Griffin who is with us here on the Senate floor today. John is a leader, a state advocate and a national organizer. He is chairman of the board of the American Diabetes Association, the nation's largest voluntary health organization leading the fight against diabetes. In 2008 he was named by Texas governor Rick Perry to the Texas Diabetes Council. Now, in addition, his work with the -- with the American Diabetes Association, he has successfully litigated many of the most important lawsuits involving discrimination against workers with diabetes. Griffin's post graduate education took place in Missouri. However, he obtained his masters degree from Austin College in Sherman, Texas. I am very proud to recognize a legal scholar, a man of letters and tireless advocate for those with disabilities in our great state. Members, help me welcome this great Texan to the Texas Chamber. I would like, Mr. President, at this time to yield to my colleague Senator Hegar.

SENATOR ELTIFE: Senator Hegar is recognized.

SENATOR HEGAR: Thank you, Mr. President. Thank you, Senator Lucio, for bringing this resolution for one of my constituents and a very good friend of yours and I appreciate your dedication to this cause and I greatly appreciate Mr. Griffin's dedication to not only the Victoria community but for a very good cause, for a cause that -- diabetes has been inflicted in my family and is a very serious problem for so many more Americans, as Senator Lucio said, especially for our youth today in America. I so greatly appreciate your dedication, your commitment, your hard work and desire to truly find some solutions not only for those of us here today but for all Americans, especially our youth. So thank you very much for your dedication.

SENATOR LUCIO: Thank you, Senator Hegar. Mr. President, members, I'd like to move adoption of SR677 at this time.

SENATOR ELTIFE: Thank you, Senator Lucio. Senator Duncan is recognized on the resolution.

SENATOR DUNCAN: Thank you, Mr. President. Members, I too want to congratulate John, he's been a good friend over the years, has helped me in a lot of different situations on issues and I look to him as the leader in this country on diabetes. And hopefully some day we're going to be able to figure this thing out. I do believe that's in the future. In our lifetime, I think we're going to be able to resolve Type I hopefully, and then also be able to better deal with Type II diabetes. So thank you for your service to all the people of the state of Texas, John.

SENATOR ELTIFE: Thank you, Senator Duncan. Senator Watson is recognized on the resolution.

SENATOR WATSON: Thank you, Mr. President. I want to thank Senator Lucio, Senator Hegar for bringing this resolution. John, I want to also thank you personally, I would be remiss on behalf of the Watson family if I didn't say a thank you while you were here for what you mean to those of us that care so deeply about this issue and what you're doing so that, as Senator Duncan indicated, maybe someday we will have a cure for this. Thank you very much.

SENATOR ELTIFE: Thank you, Senator Watson. Senator Lucio has moved adoption of the resolution. Members is there objection? Chair hears none, resolution is adopted. Thank you. The following motion in writing. Secretary will read the motion.

PATSY SPAW: Permission to introduce bills. Mr. President, I move suspension of Senate rule 7.07B to permit the introduction of the following bills: Senate Bill 1889 by Jackson and SCR39 by Shapiro. Motion by Whitmire.

SENATOR ELTIFE: Members, you have heard the motion. Is there objection? Chair hears none, so ordered. The following bills and resolutions on first reading in reference to committee. The secretary will read the bills and resolutions.

PATSY SPAW: Senate Concurrent Resolution by Shapiro designating April of each year from 2011 to 2020 as Genocide Awareness and Prevention Month. to Administration. Senate Bill 1887 by Harris relating to the appointment of bailiffs in certain county criminal courts of Tarrant County. To jurisprudence. Senate Bill 1888 by Hegar relating to the creation of a full shrimp town center management district. To Intergovernmental Relations. Senate Bill 1889 by Jackson relating to the operation of the Texas Windstorm Insurance Association. To Business and Commerce.

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

PATSY SPAW: Senate Resolution 671. Whereas the Senate of the state of Texas is pleased to recognize March 31, 2011, as Natural Gas Vehicle Day at the Capitol; and whereas, natural gas vehicles operate on one of the two varieties of natural gas, compressed natural gas or liquefied natural gas and look like most other vehicles. And whereas in America natural gas is an abundant resource and domestic reserves of natural gas are estimated to be twice that of petroleum based reserves; and whereas as a transportation fuel natural gas burns more cleanly than gasoline and diesel. And Texas is the largest producer of natural gas in the nation. And whereas an increased use of natural gas as a transportation fuel offers Texas an opportunity to harness a domestic resource that will significantly reduce vehicle emissions and provide jobs and economic value to our state; and whereas on average natural gas costs one-third less than conventional gasoline at the pump and its use reduces tail pipe emissions by up to percent. Natural gas vehicles have received some of the highest rankings for environmental performance, have earned an excellent safety record and are widespread in use around the world. Now, therefore be it resolved that the Senate of the State of the Texas 82nd Legislature hereby commend the developers and supporters of natural gas vehicle technology for the roles they have played in educating the public and encouraging the increased use of clean burning natural gas for transportation in this state and proclaim March 31st, 2011, as Natural Gas Vehicle Day at the Capitol. By Williams.

SENATOR ELTIFE: The Chair recognizes Senator Williams on the resolution.

SENATOR WILLIAMS: Thank you, Mr. President. Members, today we're joined by representatives from the Greater Houston Natural Gas Vehicle Alliance, the Metroplex Natural Gas Vehicle Consortium and America's National Natural Gas Alliance. Would you all stand? We got some folks in the gallery. Would you help me welcome these people to the Texas Senate? Thank you. These associations represent a broad cross section of fuel retailers, vehicle conversion companies and auto manufacturers, small business owners and fleet owners and operators from all across the state. They've traveled to the Capitol today to show off a variety of natural gas vehicle options, and they've set them up for display along Colorado Street between 11th and 12th Street. I invite all of you to go by and check out the exhibit learn more about the many benefits of utilizing natural gas as a transportation fuel and I'd encourage you to even test drive a couple of the vehicles. I was surprised when I took my first drive in a natural gas vehicle. Also I hear they're going to have some Amy's ice cream there too as an enticement. So, Mr. President, I move adoption of Senate Resolution 671.

SENATOR ELTIFE: Members, Senator Williams moves adoption of the resolution. Is there objection? Chair hears none, resolution is adopted. Thank you, Senator Williams. Members, that concludes the morning call. Senator Ogden, 364. Are you ready on 364? Senator Ogden is recognized after a motion to suspend the regular order of business on SB364.

SENATOR OGDEN: Members, I move to suspend the Senate's regular order of business to take up and consider Senate Bill 364. Senate Bill 364 would require the DPS to compile information received from law enforcement agencies, prosecutors and courts involved in DUI cases under chapter 49 of the penal code and report the information to the legislature. It would also require the respective law enforcement agencies, prosecutors and courts to report the relevant information to DPS and would enable the legislature to consider the effectiveness and appropriateness of criminal laws regarding DUI offenses. The initial due dates for DPS to report the legislature is February 15th, 2013. I move to suspend the regular order of business.

SENATOR ELTIFE: Senator Ogden moves suspension of the regular order of business to take up and consider SB694. Is there objection? Chair hears none, rules are suspended. Chair lays out on second reading SB364. The secretary will read the caption.

PATSY SPAW: Senate Bill 364 relating to statistical information on the prosecution of certain offenses.

SENATOR ELTIFE: Senator Ogden is recognized for a motion.

SENATOR OGDEN: Mr. President, members, I move passage to engrossment of Senate Bill 364.

SENATOR ELTIFE: Senator Ogden moves passage to engrossment. Is there objection? Chair hears none, SB364 is passed to engrossment. Senator Ogden is now recognized for a motion to suspend the constitutional three day rule.

SENATOR OGDEN: Mr. President, members, I move to suspend the constitutional three day rule to take up consider Senate Bill 364.

SENATOR ELTIFE: 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.

SENATOR ELTIFE: 30 ayes, one nay, the rule is suspended. Chair lays out on third reading and final passage SB364. Secretary will read the caption.

PATSY SPAW: SB364 relating to statistical information on the prosecution of certain offenses.

SENATOR ELTIFE: Senator Ogden is recognized on a motion.

SENATOR OGDEN: Mr. President, members, I move final passage of SB364.

SENATOR ELTIFE: Senator Ogden moves final passage of SB364. 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.

SENATOR ELTIFE: 31 ayes, no nays, Senate Bill 364 is finally passed. Congratulations, Senator Ogden. The Chair recognizes Senator Nichols for an introduction.

SENATOR NICHOLS: Thank you, Mr. President and members. I'm very pleased to introduce a group here today from Shelby County, which I proudly represent, Shelby County sits along the northeast corner of District 3 along the Louisiana border. It's nestled deep in the piney woods, it is very rich in natural resources. The area's economy had been boosted by oil production from the Hainsville shell. They have timber, cattle and they're famous for their poultry production. It is a Go Texans certified retirement community. Its largest city, Center, Texas, is the county seat, home of the Shelby County Museum and the historic Shelby County courthouse. Mr. President, members, please join me in welcoming the delegation from Shelby County. Y'all stand up. Mr. President and members, since it is Shelby County today, and it seemed to me to be the most appropriate time and day to honor the life of the former Shelby County judge John Tomlin. First serving as Shelby County judge in 2007, Judge Tomlin made a tremendous difference for the community during his time of service. He was passionately dedicated to making Shelby County a better place to live. In addition to fulfilling all the duties of county judge, he also encouraged economic development in the county, fostered leadership in young people by fostering a program recognizing the contribution of high school students. I was always happy to work with Judge Tomlin. He kept me on my toes, and I know he's finally remembered in the Capitol as well as at home. Despite a diagnosis of cancer in 2008, he continued to work hard in the position as county judge until his passing. I know that his wife Ann and two daughters Angie and Susan are here with us today. Susan, as many of you may know, worked for me her in the Capitol my freshman year and now works for Senator Patrick. Judge Tomlin was an inspiring man, and he is missed. Mr. President, members, I ask that when we adjourn today we do so in memory of Judge John Tomlin. Thank you.

SENATOR ELTIFE: Thank you, Senator Nichols. Senator Patrick, you're recognized.

SENATOR PATRICK: Yes, thank you, Mr. President. And Senator Nichols, thank you for bringing up this memorial resolution. Susan is now, as you said, on my staff and staffs our Health and Human Services and has for two years. She does an outstanding job. I know her dad is proud of what she does every day here in the Capitol. Two public services commission of Texas. And I know she misses him greatly. I did not have a chance to know him personally, but I know him through his daughter, and so he was obviously a great man because she's a great young lady. So thank you, Senator.

SENATOR ELTIFE: Thank you, Senator Patrick. Thank you, Senator Nichols. The Chair recognizes Senator Wentworth for an introduction.

SENATOR WENTWORTH: Thank you, Mr. President. Members, it's my privilege to introduce to the Senate today a man who has something in common -- I want you to think about this now, what does Lyle Lovett have in common with Steve Ogden, Karina Davis, Glen Hegar, me, Tommy Williams. He's a fighting Texas Aggie. He's born in Kline, he's made a name for himself as both an actor and an accomplished singer, song writer. Something perhaps not as well known about Mr. Lovett is that he's a skilled horseman. Raised on a horse ranch, Lyle Lovett and his family breed and raise American quarter horses for racing. He also competes nonprofessionally as a rider and is active in equestrian charity work. Today, Mr. Lovett joins us on behalf of the Texas Horse Organizations for Racing, Showing and Advancing, a group dedicated to preserving an industry in our state which contributes $5.2 billion directly to the Texas economy. Members, please join me in welcoming Lyle Lovett to the floor of the Texas Senate.

SENATOR ELTIFE: Thank you, Senator Wentworth. Senator Carona, 887. Senator Carona is recognized for a motion to suspend the regular order of business on SB887.

SENATOR CARONA: Thank you, Mr. President and members. Automated teller machines or ATMs are subject to theft, which has become a relatively new crime, but unfortunately it's increasing across the state. In 2010, there were almost 100 incidents of this kind of theft in Dallas alone. What this does is amend the penal code to make charges for ATM theft consistent throughout the code by adding a definition of ATM theft to the section of the code involving such theft. It also references the theft second degree felony in order to add consistency to the various means by which the theft up to this point has been prosecuted under.

SENATOR ELTIFE: Senator Carona moves suspension of the regular order of business to take up and consider SB887. Is there objection? Chair hears none, rules are suspended. The Chair lays out on second reading SB887. The secretary will read the caption.

PATSY SPAW: Senate Bill 887 relating to penalty for theft of an automated teller machine.

SENATOR ELTIFE: Senator Carona is recognized for a motion.

SENATOR CARONA: Mr. President, I move passage.

SENATOR ELTIFE: Senator Carona moves passage to engrossment. Is there objection? Hearing none, SB887 is passed to engrossment. Senator Carona is recognized for a motion to suspend the constitutional three day rule.

SENATOR CARONA: So moved, Mr. President.

SENATOR ELTIFE: 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.

SENATOR ELTIFE: 30 ayes, one nay, the rule is suspended. Chair lays out on third reading and final passage SB887. The secretary will read the caption.

PATSY SPAW: Senate Bill 887 relating to penalty for theft of an automated teller machine.

SENATOR ELTIFE: Senator Carona is recognized far motion.

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

SENATOR ELTIFE: Senator Carona moves final passage of SB887. 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.

SENATOR ELTIFE: 31 ayes, no nays, SB887 is finally passed. Congratulations, Senator Carona. Senator Rodriguez is recognized for a motion to suspend the regular order of business on Committee Substitute SJR28.

SENATOR RODRIGUEZ: Thank you, Mr. President. Mr. President, SJR28 is a resolution proposing a constitutional amendment relating to the provision of parks and recreational facilities by confirmation and recreational districts in El Paso County. In 2009 the city of El Paso formed a blue ribbon committee on regional parks to evaluate and provide recommendations to the city council regarding the creation of a regional parks system. The committee studied the viability of a park system, the funding and structuring options for a local model and the process for obtaining state approval. Shortly after that both the city council and the El Paso County commissioner's courts agreed to seek a constitutional amendment to allow El Paso County to be included in the list of counties that are already authorized to conservation and reclamation districts. The Texas constitution currently grants authority to several governmental entities within the state to commit local conservation and reclamation districts. To issue bonds supported by ad valorem taxes to fund the maintenance and development of parks and recreational facilities. SJR28 simply adds El Paso County to the list of entities that are already cited in the constitution. It also requires local voter approval before a park district could be created and any bonds could be authorized to be issued. Due to budget realties, SJR28 only takes the initial step of amending the constitution to include El Paso County. If the voters approve this constitutional amendment, the city of El Paso and the county of El Paso will work during the interim to jointly create and enabling legislation for consideration by the 83rd legislature. Mr. President and members, I move that we suspend the regular order of business and all necessary rules to take -- excuse me -- consider the Committee Substitute for SJR28.

SENATOR ELTIFE: Senator Birdwell, for what purpose do you rise?

SENATOR BIRDWELL: To ask a question of the author.

SENATOR ELTIFE: Senator Rodriguez, do you yield?

SENATOR RODRIGUEZ: Yes.

SENATOR BIRDWELL: Thank you, Mr. President. I just want to make sure I'm very clear. This is not a -- we're authorizing a tax, we are simply authorizing the folks of El Paso County to decide whether they wish to be taxed. It's not a statewide tax or -- I just wanted to make sure I'm clear on how I heard you read the explanation.

SENATOR RODRIGUEZ: That's correct, Senator Birdwell. What this would do is authorize the voters to decide in an election in November of this year as to whether or not they wanted to establish this reclamation and conservation district for the purpose of issued bonds to finance capital projects, improving regional parks.

SENATOR BIRDWELL: Okay. Thank you, Senator Rodriguez. I appreciate it. Thank you, sir.

SENATOR RODRIGUEZ: Thank you.

SENATOR ELTIFE: Thank you, Senator Birdwell. Senator Rodriguez moves suspension of the regular order of business to take up and consider Committee Substitute SJR28. Is there objection? Chair hears none, Committee Substitute SJR28 -- The Chair lays out SJR28 on second reading. The secretary will read the caption.

PATSY SPAW: Committee Substitute SJR28 proposes a constitutional amendment relating to the provision of parks and recreational facilities by conservation and reclamation districts in El Paso County.

SENATOR ELTIFE: Senator Rodriguez is recognized for a motion.

SENATOR RODRIGUEZ: Mr. President and members, I move passage of Committee Substitute SJR28 to engrossment.

SENATOR ELTIFE: Senator Rodriguez moves passage to engrossment. Is there objection? Hearing none, Committee Substitute SJR28 is passed to engrossment. Senator Rodriguez is now recognized for a motion to suspend the constitutional three day rule.

SENATOR RODRIGUEZ: Mr. President and members, I move to suspend the constitutional rule that bills be read on three several days so that the Senate can take up and consider the Committee Substitute for SJR38 for third reading and final passage.

SENATOR ELTIFE: 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.

SENATOR ELTIFE: 30 ayes, one nay, Committee Substitute SJR38. The rules are suspended. The Chair lays out on third reading and final passage SJR38. The secretary will read the caption.

PATSY SPAW: SJR38 proposing a constitutional amendment relating to the provision of parks and recreational facilities in El Paso County.

SENATOR ELTIFE: Senator Rodriguez is recognized for a motion.

SENATOR RODRIGUEZ: Mr. President and members, I move final passage of Committee Substitute for SJR28.

SENATOR ELTIFE: Senator Rodriguez moves final passage of Committee Substitute for SJR28. The secretary will call the roll.

PATSY SPAW: The secretary will call the roll.

SENATOR ELTIFE: 31 ayes, no nays, Committee Substitute SJR28 is finally passed. Congratulations, Senator Rodriguez.

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

SENATOR ELTIFE: Senator Birdwell is recognized for a motion to suspend the regular order of business on SB957.

SENATOR BIRDWELL: Thank you, Mr. President. I move to suspend the Senate's regular order of business to take up and consider Senate Bill 957 which will properly identify patients who are enrolled in the Waco Center for Youth by replacing the statutory language from "committed" to "admitted". This will clear up any negative connotation associated with the youth center enrolled in a facility. I move suspension of the rules.

SENATOR ELTIFE: Senator Jackson, for what purpose?

SENATOR JACKSON: Will the gentleman yield?

SENATOR ELTIFE: Senator Birdwell yield?

SENATOR BIRDWELL: Yes, Mr. President.

SENATOR JACKSON: Okay. I just wanted to clarify, Senator Birdwell, because your bill relates to clarifying, but are there any fees or user fees or taxes or anything like that that are associated with this bill?

SENATOR BIRDWELL: No, sir, not at all.

SENATOR JACKSON: None at all?

SENATOR BIRDWELL: That's correct, yes, sir. We're changing terminology.

SENATOR JACKSON: Okay. I just wanted to be sure that there wasn't any fees or hidden fees or anything like that, right?

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

SENATOR ELTIFE: Thank you, Senator Jackson. Senator Birdwell moves suspension of the regular order of business to take up and consider SB957. Is there objection? Chair hears none, rules are suspended. Chair lays out on second reading SB957. The secretary will read the caption.

PATSY SPAW: SB957 relating to clarification of terminology relating to the Waco Center for Youth.

SENATOR ELTIFE: Senator Birdwell is recognized for a motion.

SENATOR BIRDWELL: Thank you, Mr. President. I move passage of Senate Bill 957 to engrossment.

SENATOR ELTIFE: Senator Birdwell moves passage to engrossment. Is there objection? Chair hears none, SB957 is passed to engrossment. Senator Birdwell is now recognized for a motion to suspended the constitutional three day rule.

SENATOR BIRDWELL: Thank you, Mr. President. I move to suspend the constitutional rule that bills be heard on three several days regarding Senate Bill 957.

SENATOR ELTIFE: 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.

SENATOR ELTIFE: 30 ayes, one nay, the rule is suspended. Chair lays out on third reading and final passage SB957. Secretary, read the caption.

PATSY SPAW: SB957 relating to clarification of terminology relating to the Waco Center for Youth.

SENATOR ELTIFE: Senator Birdwell is recognized for a motion.

SENATOR BIRDWELL: Thank you, Mr. President. I move final passage of Senate Bill 957.

SENATOR ELTIFE: Senator Birdwell moves final passage of SB957. 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.

SENATOR ELTIFE: 31 ayes, no nays, SB957 is finally passed. Congratulations, Senator Birdwell.

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

SENATOR ELTIFE: Senator Jackson is recognized for a motion to suspend the order of business on Committee Substitute SB497.

SENATOR JACKSON: Thank you, Mr. President. Members, Senate Bill 497 was heard in Natural Resources Committee. It requires a wind farm developer to notify the public utility commission of a project within 25 miles of a federally operated radar or military installation. There have been several installations around the state, Senator Seliger, that have been affected by neighboring wind farms such as Naval Air Station in Kingsville, in Senator Lucio's backyard, and Dias Air Force base in Senator Fraser's district. This legislation is not trying to prevent the development of these farms. However, we're just trying to bring all interested parties together by creating a early notification process. If there are any questions, I'd be glad to yield on that. Otherwise, Mr. President, I'd move to suspend the Senate's regular order of business to take up and consider Committee Substitute for Senate Bill 497.

SENATOR ELTIFE: Thank you, Senator Jackson. Senator Hinojosa, for what purpose?

SENATOR HINOJOSA: To ask Senator Jackson a question.

SENATOR ELTIFE: Senator Jackson yield?

SENATOR JACKSON: I yield.

SENATOR HINOJOSA: You know, Senator Jackson, some of the wind farms that are being constructed around airports or at least some military bases to train. Our air pilots are having issues and problems, some of the windmills distort the radar.

SENATOR JACKSON: That's correct.

SENATOR HINOJOSA: So does the bill prohibit wind farms from being constructed within a 25-mile area of a military base?

SENATOR JACKSON: No, sir, it does not prohibit anything. All it says is that if a developer of one of these wind projects is planning on siting an installation of wind farms within a 25-mile radius of these facilities that they must notify those people, the interested party -- and I have a list of the people here, they've got to notify them, let them know what's going on. So they can do their planning and be in a part of the planning for that where there may be a problem of interference.

SENATOR HINOJOSA: I'm sorry. Who's going to do the planning?

SENATOR JACKSON: Pardon?

SENATOR HINOJOSA: You're talking about the planning. What are you talking about?

SENATOR JACKSON: Well, the developer plans the location of these sites, and then he makes application to go with that. What we've found out now, a lot of these have gone into place without the -- all the parties being notified. So this bill simply says you need to notify everybody prior to building those installations.

SENATOR HINOJOSA: Well, what if a developer wants to build a wind farm within, let's say, miles of a training facility, where they have a training jet pilots, does the military base have a say so to --

SENATOR JACKSON: Well, the argument is being -- those facts are -- have been disputed by the wind generators themselves. They say they're already notifying through the Federal Aviation Administration, but we've got several facilities across the state of Texas now where the wind generators' turbines, where they're turning or to starting the radar for -- that the controllers are using for approaches and landings and the operation training of military personnel at their facilities, and what we're trying to do is make everybody aware, this just goes one step further to make sure everybody is aware of what's going on prior to it being built. So they can have input.

SENATOR HINOJOSA: I guess that's my point. You know, I had a similar bill but I've gotten -- I have received information where the naval training facility's air base up in my district and Senator Lucio's district, they're having problems when they're training, the pilots to land or take off because the distortion is being caused by the wind farms. There's research supporting those allegations about the distorting taking place. That -- so I would hope that your bill would at least allow the -- a prohibition of construction of wind farms within a 25-mile radius of these training fields. Otherwise we're going to lose some of the military bases, and they'll shut down and go someplace else.

SENATOR JACKSON: Well, that's certainly what we do not want to have happen. In a couple of places that you're referring to in Kingsville, really at Dias over near Abilene, there have been distortions in the radar in which they've had to go and reset and adjust their radars because of this purpose, and what we're hoping, instead of mandating that you can't or making -- you know, making it a rule that just says you cannot do that, we're hoping that by everybody coming to the table prior to these things being built, maybe that will help the developer in the location of these where we don't have that interference.

SENATOR HINOJOSA: Well, I guess, my real question, the real issue is the naval station that operates the air field, training pilots, would they be able to do anything, would they have any recourse in the event that a windmill is being built within their 25-mile radius?

SENATOR JACKSON: I think they would have the information available to go to the FAA, Federal Aviation Administration, and make their case that way on the siting of these things.

SENATOR HINOJOSA: Well, those wind farms, I don't think -- I guess from just reading your bill seems to me like there's no provisions in there to stop a wind farm from being built within the 25-mile radius of an air field.

SENATOR JACKSON: Well, currently there's not.

SENATOR HINOJOSA: That's right.

SENATOR JACKSON: They've got to go through the FAA. But what we've found is that they may go through the FAA and then find out they didn't get notified, even after they went through FAA. So we're trying to beef up the amount of notification that's going to be done with this bill.

SENATOR HINOJOSA: Well, would you accept an amendment that would require them to get a permit to be able to do that? And the reason for that is, I'm not concerned about wind farms being built in places where there's not an issue or problem, like in west Texas. But I'm concerned on windmills -- wind farms being built around air bases, especially military bases, because some of them will leave if they cannot offer proper training for the pilots. I'm not asking that we permit them all over the state but certainly ones, they notify PCQ or PUB that they're being -- they're contemplating on providing a wind farm within the 25-mile radius, they ought to be able to get a permit. And if no permit is issued, then they can't build within a 25-mile radius of the air base or the airport that's being traffic controlled, that it imposes a danger to aviation.

SENATOR JACKSON: Senator, I can't say I disagree with what your ultimate goal is, but I think we need to do a lot more work in studying to see what other areas are doing. There are requirements in other states that have limitations on where these can be done, but I think doing that as an amendment on the floor right here, we probably don't have enough information to really vet out the process to see what we're really doing, and I don't know what your amendment says. But I do -- I'm having a very tough time in getting this bill through where it is right now, and I'm just afraid that if we add via an amendment a siting requirement that we hadn't gone through that whole process on it, we're going to be lessening the chance of even this bill getting through.

SENATOR HINOJOSA: I'm very much concerned because actually as I read your bill it doesn't do anything to help out the airports or air base training facilities at all. They have no leverage, they have no way and no recourse to stop construction of wind farms within a 25-mile radius of their air fields. This really is a serious danger to aviation. What I -- and I'm not asking that we allow -- that we require that we permit it anywhere else in the state except that they cannot build and should not be able to build within a 25-mile radius of air fields. Otherwise it will be a danger to military bases. No. 2, they will close shop and go someplace else.

SENATOR JACKSON: Well, I do want to tell you, and I'm sure -- I don't know if you were there during that whole debate on that issue or not in Natural Resources, but we had the support of commanders of military bases all over the state that came in and testified in favor of this bill, to give them a head's up on what's going on prior to these wind generators or electric generation turbines being installed. And I think that the thoughts that are in their mind is that if they know ahead of time of what's going on, they can have some input in whether or not they can site those on those particular locations and get some help. So this seemed to be, to those commanders of those bases, a very good approach of trying to have more input of what's going on with what we currently have.

SENATOR HINOJOSA: Well, I had conversations with them also, but they're like being told, Hey, I'm going to build a wind farm within miles, just telling you that I'm going to do it, it's going to destroy your radar. They need more than that. You know, I will vote to suspend. You hold it on the second reading and see if I can just work with you to make sure that we have better protection within 25-mile radius of an air base so that we don't continue building wind farms that will pose a danger to aviation and possibly end up having some of our military air bases leave to some other place, on second reading. And you can bring it up Monday and today, I don't think we're going to meet tomorrow, we'll get a chance.

SENATOR JACKSON: Senator, I think in all due respect, if you have an amendment that you want to offer, we'll certainly consider that, it will be up to the body of the Senate. As you being a member of the Senate, you can do that. What I want to tell you and tell the membership here is that if we load this bill up with a siting requirement that wasn't contemplated and discussed that I think the chances of even this bill passing is going to be greatly diminished. And I do think that that would be a good next step for us to do in the state of Texas and maybe we could do something in Chairman Fraser's committee or the appropriate committee deemed by the lieutenant governor where we have more time to look at this issue and see what other states are doing and look at whether or not we need to have a strict siting or zoning or other regulations in that manner. So --

SENATOR HINOJOSA: Well, I guess I am concerned because as I read your bill it does not do much to protect those air bases, and what I'm asking is a better system put just around the air bases. I'm not asking where wind farms are going to be built out in west Texas, for example, have to ask for a permit. But I think there's got to be a way by which we can tell a wind farm, Well, you can't build within a 25-mile zone of an air base and the reason for that is public safety.

SENATOR JACKSON: Well, and that -- the legislation or the regulation you're describing is a siting criteria for these facilities, and that is not what -- this is strictly a notification bill that we have right here to try to improve the communication. Again, it was supported by the people from Kingsville, the people over at Abilene and other areas, that we had commanders out of Dallas and all over the state and they thought this would be a great tool for them to use. If we want to pursue that, I think that's a worthy effort to do, but I just don't think we should do it with an amendment on this bill.

SENATOR HINOJOSA: Well, I do want to have a chance to do that. Give me about 15 minutes, and I'll vote to suspend and hold for about 15 minutes on second reading so I can get my amendment drafted and offer it and see if it's acceptable or not so we can have a debate on it.

SENATOR JACKSON: Okay. You don't have it already?

SENATOR HINOJOSA: I think it's up in my office. I'm not sure.

SENATOR JACKSON: I figured you had it a long time ago.

SENATOR HINOJOSA: I did, but it's not down here. It's not in the file, so what I'm asking you is just give me about 15 minutes and -- Mr. President, I'm just asking for it to be postponed for about 15 minutes so can get a chance to get my amendment down here and --

SENATOR ELTIFE: Senator Jackson, what would you like to do?

SENATOR JACKSON: I'd just like to make a motion to postpone consideration.

SENATOR ELTIFE: Senator Jackson, if you would just withdraw your motion.

SENATOR JACKSON: I withdraw my motion to suspend to a time certain and that would be --

SENATOR ELTIFE: Senator Jackson, you don't need to -- just withdraw your motion, that's fine and we'll call it back up when you're ready. Thank you, Senator Jackson.

SENATOR JACKSON: Thank you.

SENATOR ELTIFE: Senator Patrick, did you wish to -- Senator Jackson, if you could. Senator Williams on 934, are you ready? Senator William is recognized for a motion to suspend the regular order of business on Committee Substitute SB934.

SENATOR WILLIAMS: Thank you, Mr. President. Members, Senate Bill 934 is a bill that deals with criminal investigation division for the comptroller of public accounts. The comptroller is authorized by statute to employ investigators to assist in administration of tax code and to commission those investigators as peace officers. Comptroller investigators are assigned to the criminal investigation division to assist in administration of tax code primarily by detecting and investigating crimes defined therein. The purpose of Senate Bill 934 is to maximize the efficiency of the comptroller criminal investigation efforts and to decrease -- and increase the deterrents of fraud. Mr. President, I move to suspend the Senate's regular order of business in order that we could take and consider the Committee Substitute to Senate Bill 934.

SENATOR ELTIFE: Senator Williams moves for suspension of the regular order of business to take up and consider Committee Substitute SB934. Is there objection? Chair hears none, rules are suspended. The Chair lays out on second reading Committee Substitute SB934. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 934 relating to the enforcement of tax laws.

SENATOR ELTIFE: Senator William is recognized for a motion.

SENATOR WILLIAMS: I move passage to engrossment.

SENATOR ELTIFE: Senator Williams moves passage to engrossment. Is there objection? Hearing none, Committee Substitute SB934 is passed to engrossment. Senator Williams is now recognized for a motion to suspend the constitutional three day recall.

SENATOR WILLIAMS: So moved.

SENATOR ELTIFE: 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.

SENATOR ELTIFE: 30 ayes, one nay, the rule is suspended. Chair lays out on third reading and final passage Committee Substitute SB934. The secretary will read the caption.

PATSY SPAW: Committee substitute SB934 relating to the enforcement of tax laws.

SENATOR ELTIFE: Senator Williams is recognized for a motion.

SENATOR WILLIAMS: Move final passage.

SENATOR ELTIFE: Senator Williams moves final passage of Committee Substitute SB934. 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.

SENATOR ELTIFE: 31 ayes, no nays, Committee Substitute SB934 is finally passed. Congratulations, Senator Williams.

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

SENATOR ELTIFE: Senator Nichols, 548. Senator Nichols is recognized for a motion to suspend the regular order of business to take up and consider Committee Substitute SB548.

SENATOR NICHOLS: Thank you, Mr. President and members. I move to suspend the Senate's order of business to take up and consider Senate Bill 548. This bill is a joint product of an interim transportation subcommittee that I served on with Senator Watson and Senator Davis. The environmental review process for transportation projects set in place by the National and Environmental Policy Act serves a good purpose, yet sometimes slows project delivery. Some of the delays are unnecessary, and the process might be improved with some legislative and administrative changes. This bill would allow TxDOT or other local entities to enter into funding agreements with state or federal agencies to facility the agency's performance of its duties related to the environmental review process for transportation projects out of TxDOT. It also requires state resource agencies to respond to TxDOT's request for comments within 45 days of the request. All the agencies have agreed they can do that. The Committee Substitute for Senate Bill 548 also creates an environmental review certification process by which TxDOT can certify district environmental specialists. Certification would also be available for private contractors who routinely do this for TxDOT counties and cities. We worked on this together, and I think Senator Watson has an amendment, which I support.

SENATOR ELTIFE: Senator Nichols moves suspension of the regular order of business to take up and consider Committee Substitute SB548. Is there objection? Hearing none, Committee Substitute SB548 recalls are suspended. Chair lays out on second reading Committee Substitute SB548. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 5648 relating to the environmental review process for transportation projects.

SENATOR ELTIFE: Following amendment. Secretary, read the amendment.

PATSY SPAW: Floor Amendment No. 1 by Watson.

SENATOR ELTIFE: Senator Watson is recognized on the amendment.

SENATOR WATSON: Thank you, Mr. President. Members, in the same way that the Texas Department of Transportation would like to have guaranteed timelines for review of projects by state agencies as provided for in the Committee Substitute to Senate Bill 548, local jurisdictions would like the same opportunity with TxDOT. This amendment provides that opportunity by requiring TxDOT to develop standards for the environmental review process by including timelines by rule. These standards will apply regardless of whether the document's prepared by TxDOT or a local government sponsor. The process is limited to highway projects for which funding is identified in the next four years or identified by the commission as being eligible to participate. Local sponsors would be able to take a project through this program. If they don't meet this criteria, if they pay a fee not greater than the cost of the agency to do the review. This way no one will leapfrog or slow down other projects but they can pay to be processed sooner. The amendment also lays out the responsibilities for the local government sponsor, the process determination of an administratively complete environmental review document and the specific timelines. Members, I'll point out that the way this amendment came about is it was brought to me by one of the local jurisdictions. We've been working on this, there was a hearing on the amendment, in Chairman Williams' committee, the transportation committee. We had a hearing on this so that we could go ahead and move it to the floor while there was continued discussion with TxDOT. Senator Nichols agreed that what we could do is bring the amendment to the floor and put it on the Committee Substitute at this time. So, Mr. President, I move adoption of Floor Amendment No. 1.

SENATOR ELTIFE: Senator Ogden, did you wish to be recognized on the amendment? No. Senator Nichols on the amendment.

SENATOR NICHOLS: Yes, the amendment is a very good amendment. I strongly support it. I appreciate Senator Watson's work on it, and it will help encourage the process. So I support the amendment.

SENATOR ELTIFE: Senator Watson has moved adoption of Floor Amendment No. 1. Is there objection? Chair hears none, Floor Amendment No. 1 is adopted.

SENATOR WATSON: Thank you, Mr. President. Thank you, Senator Nichols.

SENATOR ELTIFE: Senator Nichols is recognized for a motion.

SENATOR NICHOLS: Mr. President, members, I move passage of Senate Bill -- Committee Substitute for Senate Bill 548 to engrossment as amended.

SENATOR ELTIFE: Senator Nichols moves passage to engrossment. Is there objection? Hearing none, Committee Substitute to SB548 is passed to engrossment. Senator Nichols is now recognized for a motion to suspend the constitutional three day rule.

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

SENATOR ELTIFE: 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.

SENATOR ELTIFE: 30 ayes, one nay, the rule is suspended. Chair lays out on third reading and final passage Committee Substitute SB548 as amended. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB548 relating to the environmental review process for transportation projects.

SENATOR ELTIFE: Senator Nichols recognized for a motion.

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

SENATOR ELTIFE: Senator Nichols moves final passage of SB548 as amended. 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.

SENATOR ELTIFE: 31 ayes, no nays, Committee Substitute SB548 is finally passed. Congratulations, Senator Nichols. Senator Seliger is recognized for a motion to suspend the regular order of business on SB642.

SENATOR SELIGER: Thank you, Mr. President. I move to suspend the regular order of business to take up and consider SB642 at this time relating to optional annuity increases for certain retirees and beneficiaries of the Texas Municipal Retirement System. Under current law Texas Municipal Retirement System cities have the option to grant or not to grant a cost of living adjustment to the retirees in the amount of 30 percent, 50 percent or 70 percent in the change of consumer price index. Unless revoked by ordinance, it is a repeating COLA and because the repeating feature prompted TMRS to change the actuarial method in 2007, the value of the COLA is part of the retiree's permanent benefit. This fundamentally changed COLA structure from a pay as you go to an automatic benefit that you now have to prefund, forcing cities with a lot of retirees to consider contribution rate increases in the mid 20s range. Effectively what this does is that if a city wishes to consider a COLA increase, the COLA increase doesn't become effective at the date of the vote but the date that the benefit went into effect, which could be years and years previously for the cities. This causes an unfinded liabilities and is a disincentive for a city to provide a COLA to its retired employees, a situation that is not particularly desirable. Because of this unfunded liabilities, many cities have dropped this cost of life adjustment. San Antonio dropped it, and they did a one time increase that is no longer necessarily in effect. Irving, Texas; Harlingen, Greenville, Careville, Pharr, Mission, Flower Mound, all dropped their COLA, the repeating COLA because of this and this bill remedies that situation. I move suspension.

SENATOR ELTIFE: Senator Lucio, for what purpose?

SENATOR LUCIO: Will Senator Seliger yield for a question?

SENATOR ELTIFE: Will the Senator yield?

SENATOR SELIGER: I will.

SENATOR LUCIO: Senator, isn't there a TMRS advisory committee that consist of stakeholders, of city managers, elected officials and labor that consider legislative changes to TMRS during the interim?

SENATOR SELIGER: It does.

SENATOR LUCIO: Did the advisory committee consider a COLA changes during the interim?

SENATOR SELIGER: I have no idea, I'm not privy to their consideration.

SENATOR LUCIO: I believe there was a discussion but no consensus was reached, correct?

SENATOR SELIGER: I have no idea. I have not been reported to any part of the advisory. But let me point out that this bill was first introduced two years ago, passed with a 22 to nine vote, whatever the advisory committee was going to decide, they have more than adequate time to do it.

SENATOR LUCIO: Yes, sir. Was a consensus reached by the advisory committee on the COLA system changes to the system?

SENATOR SELIGER: I am not advised, and those results have not been reported to me.

SENATOR LUCIO: Okay. And did the TMRS board take a position on a COLA change, are you aware of that? They took a position?

SENATOR SELIGER: They took a position that the bill did exactly what I described that it would do.

SENATOR LUCIO: Well, I guess the last question I should -- going to ask in the very most sincere way, shouldn't the stakeholders and TMRS board have a say in making changes that affect over 800 cities? And that's a concern I have.

SENATOR SELIGER: The TMRS has not disputed what this bill does or its effect on the cities. Keep in mind that the TMRS board is primarily composed of people who work in finance for cities. I have talked about a number of cities that have dropped their COLAS, which I think is a shame because it cost retirees money. All of the TMRS board members that I have talked to that are city financial officers have endorsed this bill.

SENATOR LUCIO: Well, there's -- you know, when something -- anything that we're doing that affects over 800 cities, I personally feel that there should have been a little bit more input by stakeholders, but thank you very much, Senator Seliger, for allowing me to ask you some questions.

SENATOR SELIGER: Thank you, Senator.

SENATOR ELTIFE: Thank you, Senator Lucio. Senator Seliger has moved suspension of the regular order of business to take up and consider SB642. Is there objection? Chair hears none, rules are suspended. Chair lays out on second reading SB642. The secretary will read the caption.

PATSY SPAW: Senate Bill 642 relating to optional annuity increases for certain retiree beneficiaries of the Texas Municipal Retirement System.

SENATOR ELTIFE: Senator Seliger is recognized for a motion.

SENATOR SELIGER: Thank you, Mr. President. I move passage to engrossment of Senate Bill 642.

SENATOR ELTIFE: Senator Seliger now moves passage to engrossment. Is there objection? Chair hears none, SB642 is passed to engrossment. Senator Seliger is now 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 heard on three several days.

SENATOR ELTIFE: Secretary, please call the roll.

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

SENATOR ELTIFE: 27 ayes, four nays, the rule is suspended. Chair lays out on third reading and final passage SB642. The secretary will read the caption.

PATSY SPAW: Senate Bill 642 relating to the optional annuity increases of retiree beneficiaries of the Texas Municipal Retirement System.

SENATOR ELTIFE: Senator Seliger is recognized for a motion.

SENATOR SELIGER: Mr. President, I move final passage of Senate Bill 642.

SENATOR ELTIFE: Senator Seliger moves final passage of SB642. 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.

SENATOR ELTIFE: 25 ayes, six nays, SB642 is finally passed. Congratulations, Senator Seliger. Senator Rodriguez is recognized for a motion to suspend the regular order of business on SB1020.

SENATOR RODRIGUEZ: Mr. President, members, thank you. I move that we suspend the regular order of business and all necessary rules to take up and consider Senate Bill 1020 at this time. Mr. President and members, Senate Bill 1020 amends current law to direct the Texas Higher Education Coordinating Board to conduct a feasibility study regarding the establishment of a dental school at the Texas Tech Health Science Center in El Paso. Today the Texas/Mexico border region has one of the highest rates of dental disparity in the nation. The border region has a severe shortage of dentists and dentist hygienists and all of the border counties are designated dental professional shortage areas. El Paso County has dentists per 100,000 while the state average is 45 dentists per 100,000. The shortage is primarily caused by a lack of schools with dental programs. Texas has only three schools of dentistry, UT Houston, UT San Antonio and Texas A&M Baylor in Dallas. Notably, members, the last dental school opened in 1970, almost 41 years ago. As a result assessing dental health care can be difficult or even impossible for many individuals living in El Paso and other areas of west Texas and along the border. The establishment of a dental in El Paso, Texas offering degrees in dental hygiene, dentistry, and advanced dentistry would increase access to dental care and improve health outcomes and quality of life for residents of west Texas as well as the U.S. and Mexico border. Senate Bill 1020 directs the Texas Higher Education Coordinating Board to assess the need and feasibility of establishing a dental school in El Paso as a component of the Texas Tech University Health Science Center. Senate Bill 1020 requires a study to be completed by November 1, 2012. Mr. President and members, I move that we suspend the regular order of business and all necessary rules to take up and consider Senate Bill 1020 at this time.

SENATOR ELTIFE: Senator Rodriguez moves suspension of the regular order of business to take up and consider SB1020. Is there objection? Chair hears none, rules are suspended. Chair lays out on second reading SB1020. The secretary will read the caption.

PATSY SPAW: SB1020 relating to a feasibility study regarding the establishment of a dental school at the Texas Tech Health Science Center in El Paso.

SENATOR ELTIFE: Senator Rodriguez, you're recognized for a motion.

SENATOR RODRIGUEZ: Mr. President, I move passage of SB1020 to engrossment.

SENATOR ELTIFE: Senator Rodriguez moves passage to engrossment. Is there objection? Chair hears none, SB1020 is passed to engrossment. Senator Rodriguez is now recognized for a motion to suspend the constitutional three day rule.

SENATOR RODRIGUEZ: Mr. President and member, I move to suspend the constitutional rule that bills be read on three several days so that the Senate can take up and consider SB1020 on third reading and final passage.

SENATOR ELTIFE: 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.

SENATOR ELTIFE: 30 ayes, one nay, rule suspended. Chair lays out on third reading and final passage SB1020. The secretary will read the caption.

PATSY SPAW: SB1020 relating to feasibility study regarding the establishment of a dental school at Texas Tech Health Science School in El Paso.

SENATOR ELTIFE: Senator Rodriguez is recognized far motion.

SENATOR RODRIGUEZ: Mr. President and members, I move final passage of SB1020.

SENATOR ELTIFE: Senator Rodriguez moves final passage of SB1020. Secretary, please call the roll.

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

SENATOR ELTIFE: 31 ayes, no nays, SB1020 is finally passed. Congratulations, Senator Rodriguez.

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

SENATOR ELTIFE: Senator West recognized for a motion to suspend the regular order of business on SJR26.

SENATOR WEST: Thank you very much, Mr. President, members. SJR6 proposes a constitutional amendment authorizing the legislature to allow cities and counties to enter into interlocal contracts with other cities and counties without the imposition of a tax or the provision of a sinking fund. I move to suspend the regular order of business.

SENATOR ELTIFE: Senator Ogden, for what purpose?

SENATOR OGDEN: To ask the author a question.

SENATOR WEST: Without question.

SENATOR OGDEN: I appreciate that detailed explanation. Why are you doing this?

SENATOR WEST: Well, the reason that we're doing this is that right now cities and counties any time they enter into an interlocal agreement, there's an interpretation that each has to have a interest in sinking fund. And let me give you an example. This is one of the items that we researched during the interim. One of our interim charges. What ends up happening is if you have a city or county that has a facility that they've already issued debt on, as an example, they can't turn around and contract -- or a city can't contract with that county to use that facility without the interpretation of the constitution saying that they have to create an interest in sinking fund in order to jointly use that particular facility.

SENATOR OGDEN: And -- well, that's not right. They can contract but they -- the contract has to be less than a year, right?

SENATOR WEST: Right. And then also -- you're right about that. It has to be up to a year and what we do, the legislation is following is this, this will allow counties and cities, if you look at the language in the constitution, it has to be based on increased efficiency and effectiveness and so that ends up being the test. And so to the extent that a joint arrangement, such as a county and city (inaudible) increases that, then the legislation that will be proposed, assuming that the vote is passed, this constitutional amendment will allow them to enter into an interlocal arrangement for longer than a year.

SENATOR OGDEN: And I'm not sure the voters could understand why we need this and that's what I'm having a hard -- because right mow you can enter into contracts.

SENATOR WEST: That's limited to a year.

SENATOR OGDEN: To a year.

SENATOR WEST: Right.

SENATOR OGDEN: Without having a sinking fund to guarantee payment of contract obligation is the way I understand it.

SENATOR WEST: That is correct.

SENATOR OGDEN: And there's not a single city in my district that's ever complained about that. So I don't understand. I mean, what I'm trying to find out is what are we trying -- what are we trying to do here, Senator? I don't understand it.

SENATOR WEST: What we're trying to do is increase efficiency and effectiveness.

SENATOR OGDEN: Well, we're offered that --

SENATOR WEST: Hold on a second. The lieutenant governor gave us this charge. So obviously there's a statewide problem somewhere or obviously he would not have given us this charge and he would not approved voting for these particular bills to come up for consideration today. So what it ends up doing is allowing a county and a city to enter into an interlocal agreement for a period of longer than a year. That's what it does. That's all it does. What do you think it does?

SENATOR OGDEN: And why do they need that? What would be the efficiency reason for having to enter into a long-term contract without having a sinking fund? I mean, give me an example of improving efficiency.

SENATOR WEST: Because without both cities or entities having an interest, without establishing into a sinking fund. Again, it may very well have one city or a county create a -- well, as an example, in --

SENATOR OGDEN: Does the sinking fund -- I'll let you look up your example before I ask you the next question.

SENATOR WEST: If you look at the chapter that deals with this -- hold on for one second. If you look at the chapter that -- the statute that creates this, what it ends up, it lists several different types of projects. I was trying to find the projects, and I don't have them at hand. If some reason we need to pull this down momentarily to discuss it, I'm willing to do that if you're not familiar with the chapter. So I'll pull it down momently at the time.

SENATOR ELTIFE: Senator West withdraws his motion. Thank you, Senator Ogden. Thank you, Senator west. Senator Fraser. Senator Carona is recognized for a motion to suspend the regular order of business on Committee Substitute SB 1124.

SENATOR CARONA: Thank you, Mr. President. In 2008 congress established a nationwide mortgage license system and registry which is -- which issues a unique identifying number for every residential mortgage loan originator in the country. All states are required to include their license mortgage brokers and mortgage bankers in this database. As a result Texas created an appropriate act which we refer to as the Safe Act and it passed in 2009. Since its implementation, the Department of Savings and Mortgage Lending has identified a number of provisions within the Safe Act that need to be reconciled due to differences in definitions and powers. What the purpose of this bill is, is to replace the statutory terms "mortgage broker" and "mortgage banker" with the new Safe Act term "residential mortgage loan originator" where appropriate. The bill also clarifies that the long standing licensing exception for certain owner financed residential loans continues to exist and it also includes a provision to address a drafting oversight in the original Safe Act, which failed to shift the jurisdiction for oversight of second mortgage liens from the Office of Consumer Credit Commissioner to the Texas Department of Savings and Mortgage Lending. I move suspension.

SENATOR ELTIFE: Senator Carona moves suspension of the regular order of business to take UPL SB1124. Is there objection? Chair hears none, rules are suspended. Chair lays out on second reading Committee Substitute SB1124. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB1124 relating to the licensing and regulation of certain persons involved in residential mortgage listening.

SENATOR ELTIFE: Floor Amendment No. 1 by Carona. Secretary, please read the amendment.

PATSY SPAW: Floor Amendment No. 1 by Carona.

SENATOR ELTIFE: Senator Carona is recognized on the amendment.

SENATOR CARONA: Mr. President, the Committee Substitute inadvertently eliminated language relative to certain exemptions for registration and the purpose of the floor amendment is just to ensure that going forward any registration exemption that applies to an entity applies to all of its employees as well as just the entity itself, as was intended originally. I'll move adoption.

SENATOR ELTIFE: Senator Carona moves adoption of Floor Amendment No. 1. You should have it in front of you, members. Is there any objection to floor amendment one. Hearing none, floor amendment No. 1 is adopted. Senator Carona is now recognized for a motion.

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

SENATOR ELTIFE: Senator Carona moves passage to engrossment. Is there objection? Chair hears none, Committee Substitute SB1124 as amended is passed to engrossment. Senator Carona is now recognized for a motion to suspend the constitutional three day rule.

SENATOR CARONA: So moved, Mr. President.

SENATOR ELTIFE: 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.

SENATOR ELTIFE: 30 ayes, one nay, the rule is suspended. Chair lays out on third reading and final passage Committee Substitute 1124 as amended. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 1124 relating to licensing and regulation of certain persons involved in residential mortgage lending.

SENATOR ELTIFE: Senator Carona is recognized for a motion.

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

SENATOR ELTIFE: Senator Carona moves final passage of Committee Substitute SB1124 as amended. 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.

SENATOR ELTIFE: 31 ayes, no nays, Committee Substitute SB1124 as amended is finally passed. Congratulations, Senator Carona. Senator Fraser on 1003. Senator Fraser is now recognized for a motion to suspend the regular order of business on SB1003.

SENATOR FRASER: Thank you, Mr. President and members. Senate Bill 1003 is relating to the penalties and operations of a rock crusher. Under current law TCQ must assess a rock crusher or concrete plant in operating without a permit a fine of $10,000 per day. I think that was a fine that I put in place several years ago. We realized that they need some flexibility on that because sometimes there's mitigating circumstances that they should -- in some cases be able to extend that. This bill would give TCQ the discretion to find a rock crusher on a plant that is operating without a permit of a fine up to $10,000 per day. If the operator notifies TCQ before the permit expires and the operator intends to continue operating past the expiration date. I would move to suspend the regular order of business to take up and consider Senate Bill 1003.

SENATOR ELTIFE: Senator Williams, for what purpose?

SENATOR WILLIAMS: Ask the author a couple of questions.

SENATOR ELTIFE: Senator Fraser yield?

SENATOR FRASER: I would yield.

SENATOR WILLIAMS: Senator Fraser, do I understand that the Sierra Club is for this bill; is that right?

SENATOR FRASER: They're for the bill?

SENATOR WILLIAMS: Is that right?

SENATOR FRASER: I'm not advised, but we could ask the secretary of state.

SENATOR WILLIAMS: Okay. I was just trying -- I was trying to read back a session in the Senate that I had since I arrived in 2003 where you didn't have a bill on rock crushing. Is it because you're still fixing them or you're not getting them all passed over in the House?

SENATOR FRASER: I'm not advised.

SENATOR WILLIAMS: Okay.

SENATOR ELTIFE: Anyone else have any questions for Senator Fraser? If not, Senator Fraser moves suspension of the regular order of business to take up and consider SB1003. Is there objection? Chair hears none, rules are suspended. Chair lays out on second reading SB1003. The secretary will read the caption.

PATSY SPAW: SB1003 relating to penalties for an emergency order suspending the operation of a rock crusher.

SENATOR ELTIFE: Senator Fraser is recognized far motion.

SENATOR FRASER: And I would now move passage of Senate Bill 1003 to engrossment.

SENATOR ELTIFE: Senator Fraser moves passage to engrossment. Is there objection? Chair hears none, SB1003 is passed to engrossment. Senator Fraser is now recognized for a motion to suspend the constitutional three day rule.

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

SENATOR ELTIFE: 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.

SENATOR ELTIFE: 30 ayes, one nay the rule is suspended. Chair lays out on third reading and final passage SB1003. The secretary will read the caption.

PATSY SPAW: Senate Bill 1003 relating to penalties for an emergency order suspending the operation of a rock crusher.

SENATOR ELTIFE: Senator Fraser is recognized for a motion.

SENATOR FRASER: I would now move final passage of Senate Bill 1003.

SENATOR ELTIFE: Senator Fraser moves final passage of SB1003. 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.

SENATOR ELTIFE: 31 ayes, no nays, SB1003 is finally passed. Congratulations, Senator Fraser. Senator West is recognized for a motion to suspend the regular order of business on SJR26.

SENATOR WEST: Mr. President, members, at this time I move to suspend the regular order of business to take up SJR26 proposing a constitutional amendment authorizing the legislature to allow cities or counties to enter into interlocal contracts with other cities or counties without the imposition of a tax or the provision of a sinking fund. Senator Ogden had questions, I think we resolved those questions.

SENATOR ELTIFE: Senator Ogden, for what purpose?

SENATOR OGDEN: To ask Senator West about the resolved questions.

SENATOR ELTIFE: Does Senator West yield?

SENATOR WEST: Yes.

SENATOR OGDEN: Senator West, in our discussion, I'd like to kind of lay it out on the floor to make sure that I understand and anybody else who has an interest understands it, but under current law -- constitutional provisions a contract that extends for longer than a year between two governmental entities is considered a form of debt; is that right?

SENATOR WEST: That's correct.

SENATOR OGDEN: And if a city, for example, is contracting with a county for a multiyear contract, let's say, for example, trash disposal, okay? County's got a trash landfill and the city is contracting with the county to use that landfill for more than a year, right? The city in this particular case is obligated to put up a sinking fund to guarantee their obligation to pay under that contract for the multiyear, right? And it's, what, considered a debt?

SENATOR WEST: Yes, it's considered a debt.

SENATOR OGDEN: And so from one perspective the county could say, Well, we want you to do this because we're sure we're going to get paid, right? And the city would say, Well, we don't want to do it because we don't need to. I mean, that would be what would happen, right?

SENATOR WEST: Give and take negotiations.

SENATOR OGDEN: So in the case -- and here's the specific question, why is this not a bad deal for the entity that is basically relying on payment from another entity? Because if you're relying on payment from the city in this example, they've got a sinking fund over there, so are you sure you're going to get paid? Why wouldn't the county -- why would the county in this particular example be for your constitutional amendment?

SENATOR WEST: Well, here's the situation, they don't have to use it. If they think it's a bad deal, they don't have --

SENATOR OGDEN: They don't have to.

SENATOR WEST: This is just another -- and I think we've coined the term there's another tool in the box that they can use for purposes --

SENATOR OGDEN: There's no obligation for the county to contract with the city and waive the sinking fund requirement. They can by contract require that if they want to.

SENATOR WEST: If this constitutional amendment passes, yes.

SENATOR OGDEN: With that understanding then, I support your SJR.

SENATOR WEST: Efficiency and effectiveness. That's all we're doing. I move to suspend the regular order of business.

SENATOR ELTIFE: Senator West moves to suspend the Senate's regular order of business to take up and consider SJR26. Is there objection? Chair hears none, the rules are suspended. Chair lays out on second reading SJR26. The secretary will read the caption.

PATSY SPAW: SJR26 proposing a constitutional amendment authorizing the legislature to allow cities or counties to enter into certain interlocal contracts.

SENATOR ELTIFE: Senator West, you're recognized for a motion.

SENATOR WEST: Move for passage to engrossment.

SENATOR ELTIFE: Senator West moves passage to engrossment. Is there objection? Chair hears none, SJR26 is passed to engrossment. Senator West is now recognized for a motion to suspend the constitutional three day rule.

SENATOR WEST: So moved.

SENATOR ELTIFE: 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.

SENATOR ELTIFE: 30 ayes, one nay, the rule is suspended. Chair lays out on third reading and final passage SJR26. The secretary will read the caption.

PATSY SPAW: SJR26 proposing a constitutional amendment authorizing the legislature to allow cities or counties to enter into certain interlocal contracts.

SENATOR ELTIFE: Senator West is recognized for a motion.

SENATOR WEST: Move final passage of SJR26.

SENATOR ELTIFE: Senator West moves final passage of SJR26. 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.

SENATOR ELTIFE: 31 ayes, no nays, SJR26 is finally passed. Congratulations, Senator West.

SENATOR WEST: Thank you.

SENATOR ELTIFE: Senator West is now recognized for a motion to suspend the regular order of business on SB760.

SENATOR WEST: Members, Senate Bill 760 is enabling legislation if the voters pass the constitutional amendment dealing with giving cities and counties the ability to enter into interlocal agreements. This would be the enabling legislation. I move suspension of the regular order of business.

SENATOR ELTIFE: Senator West moves suspension of the regular order of business to take up and consider SB760. Is there objection? Chair hears none, rules are suspended. Chair lays out on second reading SB760. The secretary read the caption.

PATSY SPAW: Senate Bill 760 relating to the term of interlocal contracts.

SENATOR ELTIFE: Senator West is recognized for a motion.

SENATOR WEST: If you look at the bill you'll see that it deals with the timeframe of the contracts. That's what it does. I move passage to engrossment.

SENATOR ELTIFE: Senator West now moves passage to engrossment. Is there objection? Hearing none, SB760 is passed to engrossment. Senator West is how recognized for a motion to suspend the constitutional three day rule.

SENATOR WEST: So moved.

SENATOR ELTIFE: 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.

SENATOR ELTIFE: 30 ayes, one nay, the rule is suspended. Chair lays out on third reading and final passage SB760. The secretary will read the caption.

PATSY SPAW: Senate Bill 760 relating to the term of interlocal contracts.

SENATOR ELTIFE: Senator West is recognized for a motion.

SENATOR WEST: Mr. President, members, I move final passage of SB760.

SENATOR ELTIFE: Senator West moves final passage of SB760. 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.

SENATOR ELTIFE: 31 ayes and no nays, SB760 is finally passed. Congratulations, Senator West. Senator Nichols is recognized for a motion to suspend the Senate's regular order of business to take up and consider Committee Substitute SB731.

SENATOR NICHOLS: Thank you, Mr. President. I move to suspend the Senate's regular order of business to take up and consider the Committee Substitute to Senate Bill 731. During the 80th session the Texas legislature passed a revision requiring toll entities to obtain a legal sufficiency review from the attorney general prior to entering into a CDA, a very good provision. Due to the complexity of these contracts, the attorney general has decided that some or most of -- some of their senior attorneys thoroughly review these agreements. Rather than using general revenue to pay for the cost of these reviews, the finance committee is planning to appropriate the attorney general's office only what they charge as a fee -- chairman is nodding yes -- to cover the cost of the review. Committee Substitute for Senate Bill 731 would authorize the attorney general office to assess a nonrefundable examination fee from toll project entities for its legal sufficiency review of CDAs. Fee would be due upon submission of the CDA. The bill would only authorize local toll project entities to collect -- it would also authorize local entities to collect or recover the examination fee from the private participant. However, the fee cannot be a percentage of the cost of a project and can only cover the actual cost of conducting the review. This bill states the attorney general must complete legal sufficiency reviews within days of submission of the complete CDA but does allow for a 30 day extension if necessary. With that, Mr. President, I move suspension of the Senate's regular order of business.

SENATOR ELTIFE: Senator Harris, for what purpose?

SENATOR HARRIS: Will the Senator yield?

SENATOR NICHOLS: Yes.

SENATOR HARRIS: The language that's out of there is that the attorney general could do it on some kind of percentage?

SENATOR NICHOLS: I couldn't understand the question.

SENATOR HARRIS: Under the bill you got in front of you, the final draft, the attorney cannot do charge a percentage of the deal.

SENATOR NICHOLS: That's absolutely correct.

SENATOR HARRIS: That's been taken out, has it not?

SENATOR NICHOLS: That is correct.

SENATOR HARRIS: Thank you.

SENATOR ELTIFE: Senator Nichols moves suspension of the order of business to take up and consider Committee Substitute SB731. Is there objection? Chair hears none, rules are suspended. Chair lays out on second reading Committee Substitute SB731. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 731 relating to the attorney general's legal sufficiency review of a comprehensive development agreement.

SENATOR ELTIFE: Senator Nichols is recognized for a motion.

SENATOR NICHOLS: Mr. President and members, I move passage of Committee Substitute for Senate Bill 731 to engrossment.

SENATOR ELTIFE: Senator Nichols moves passage to engrossment. Is there objection? Chair hears none, Committee Substitute SB731 is passed to engrossment. Senator Nichols is now recognized for a motion to suspend the constitutional three day rule.

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

SENATOR ELTIFE: 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.

SENATOR ELTIFE: 30 ayes, one nay, the rule is suspended. Chair lays out on third reading and final passage Committee Substitute SB731. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB731 relating to the attorney general's legal sufficiency review of a comprehensive development agreement.

SENATOR ELTIFE: Senator Nichols is recognized for a motion.

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

SENATOR ELTIFE: Senator Nichols moves final passage of Committee Substitute SB731. 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.

SENATOR ELTIFE: 31 ayes, no nays, Committee Substitute SB731 is finally passed. Congratulations, Senator Nichols.

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

SENATOR ELTIFE: Senator Seliger is recognized for a motion to suspend the regular order of business on SB1160.

SENATOR SELIGER: Thank you, Mr. President. I move to suspend the regular order of business to take up and consider Senate Bill 1160 relating to the liability of a landowner for harm to a trespasser. In Texas and most other states land possessors generally owe no duty of care or have liability to trespassers and are not liable for the injuries with a few exceptions. What Senate Bill 1160 does is simply codify what is common practice in the state of Texas and I have an amendment. Move suspension.

SENATOR ELTIFE: Senator Seliger moves suspension of the regular order of business to take up and consider SB1160. Is there objection? Chair hears none, the rules are suspended. Chair lays out on second reading SB1160. The secretary will read the caption.

PATSY SPAW: Senate Bill 1160 relating to the liability of a landowner for harm to a trespasser.

SENATOR ELTIFE: Floor Amendment No. 1 by Seliger. Secretary, please read the amendment.

PATSY SPAW: Floor Amendment 1 by Seliger.

SENATOR ELTIFE: Senator Seliger to explain the amendment.

SENATOR SELIGER: This amendment makes the bill more closely following controlling Texas Supreme Court opinions and makes the bill more accurately codify the common law in regards to a landowner's duty to trespass and removes all reference to age in the bill.

SENATOR ELTIFE: Senator Hinojosa, for what purpose?

SENATOR HINOJOSA: To ask Senator Seliger a question.

SENATOR ELTIFE: Does Senator Seliger yield?

SENATOR SELIGER: Yes, I do.

SENATOR HINOJOSA: I generally agree with the concept in your bill, but I have a question dealing with, for example, as you well know, there have been many incidents where the landowner has a swimming pool and the swimming pool has no fence around it and a child walks in there and drowns. Are you changing the law in that respect?

SENATOR SELIGER: In the case of gross negligence or attractive nuisance, nothing has changed.

SENATOR HINOJOSA: Thank you, sir.

SENATOR SELIGER: Thank you, Senator.

SENATOR ELTIFE: Members, Senator Seliger has moved adoption of floor Amendment No. 1. You should have the amendment in front of you. Is there objection? Hearing none, Floor amendment No. 1 is adopted. Senator Seliger is now recognized for a motion.

SENATOR SELIGER: Mr. President, I move passage to engrossment of Senate Bill 1160.

SENATOR ELTIFE: Senator Seliger moves passage to engrossment of SB1160. Is there objection? Hearing none, SB1160 is passed to engrossment. Senator Seliger is now recognized for a motion to suspend the constitutional three day rule.

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

SENATOR ELTIFE: 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.

SENATOR ELTIFE: 30 ayes, one nay, the rule is suspended. Chair lays out on third reading and final passage SB1160 as amended. The secretary will read the caption.

PATSY SPAW: Senate Bill 1160 relating to liability of a landowner for harm to a trespasser.

SENATOR ELTIFE: Senator Seliger is recognized for a motion.

SENATOR SELIGER: Mr. President, I move final passage of Senate Bill 1160.

SENATOR ELTIFE: Senator Seliger moves final passage of SB1160 as amended. 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.

SENATOR ELTIFE: 31 ayes, no nays, SB1160 is finally passed. Congratulations, Senator Seliger.

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

SENATOR ELTIFE: Members, the president's desk is clear. Are there any announcements? Announcements? Senator Ogden, you're recognized.

SENATOR OGDEN: Senate Finance will reconvene at 1:00 p.m.

SENATOR ELTIFE: Thank you, Senator Ogden. Are there any other announcements? Senator Shapiro -- Senator Van de Putte at Senator Shapiro's desk.

SENATOR VAN DE PUTTE: Thank you, Mr. President. I move to suspend Senate Rules 11.10 and 11.18 so that the Senate Committee on Education can meet upon adjournment of the Senate at Senator Shapiro's desk to vote out the following pending bills: Senate Bill 226 by Nelson, Senate Bill 1042 by Hegar, Senate Bill 1484 by Shapiro and Senate Bill 6 by Shapiro.

SENATOR ELTIFE: Members, you've heard the motion by Senator Van de Putte. Is there objection? Hearing none, so ordered. Thank you, Senator Van de Putte.

SENATOR VAN DE PUTTE: Thank you, Mr. President. The Senate Education Committee will meet upon adjournment at Senator Shapiro's desk.

SENATOR ELTIFE: Thank you, Senator Van de Putte. Senator Whitmire, do you have an announcement?

SENATOR WHITMIRE: No. I think I'm early. The Criminal Justice will meet in the Betty King room immediately upon adjournment. It will be a very short meeting. If I could have members do that before they go to caucuses or other activities.

SENATOR ELTIFE: Thank you, Senator Whitmire. The Dean of the Senate, Senator Whitmire is now recognized for a highly privileged motion.

SENATOR WHITMIRE: Thank you, Mr. President. I move that the Senate adjourn until 1:30 p.m. Monday and I ask that we do this in memory of Shelby County Judge John Tomlin.

SENATOR ELTIFE: One second, members. Senator Williams is our recognized. I believe you have an announcement.

SENATOR WILLIAMS: I'm sorry, Mr. President, I missed that. I do have an announcement. The Senate Committee on Transportation and Homeland Security will meet one hour and 15 minutes after adjournment, that being -- it would be 1:35 p.m.

SENATOR ELTIFE: Thank you, Senator Williams. And members, you have heard Dean Whitmire's motion that the Senate stand adjourned until 1:30 p.m. Monday, April 4th. We adjourn in honor of Shelby County Judge John Tomlin. Any objection? Hearing none, so ordered. Thank you, members. (Adjourned.)