Senate Transcript, April 11, 2011

SENATOR OGDEN: The Senate will come to order, 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 OGDEN: A quorum is present. All on the floor and in the gallery please rise for the invocation to be delivered by Rabbi Allen Freedman, Temple Beth Shalom of Austin.

PASTOR: Dear God, we ask this day for You to bestow wisdom and strength upon the members of this body as well as the staff and all those who serve this Senate. May the values reveal to us by Your Holy word always be reflected in the work of our state Senate so that in serving the people of Texas, these women and men may have an awareness that they are serving You as well. May their work each and every day reflect a true understanding of your admonition contained in

(inaudible), the five books of Moses, the true Holiness

(inaudible) ultimately in loving your neighbor as ourselves and thereby walking in the ways of the Holy one, the ways in the justice and peace. Amen.

SENATOR OGDEN: Thank you, Rabbi. You may be seated in the gallery. Members, Senator Whitmire moves to dispense with the reading of yesterday's journal. Is there objection? The Chair hears no objection from any member, so ordered. Mr. Doorkeeper.

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

SENATOR OGDEN: Admit the messenger.

MESSENGER: Mr. President, I'm directed by the House to inform the Senate that the House has taken the following action, the House has passed the following measures. HB6 by Eissler relating to the foundation curriculum, the establishment of the instructional materials.

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

PATSY SPAW: House Concurrent Resolution No. 128, Senate Concurrent Resolution No. 40.

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

SENATOR WILLIAMS: Thank you, Mr. President. Members, it's my pleasure to introduce Dr. John Redman today. Dr. Redman is originally from Dayton, Texas. He received his bachelor degree from Baylor University and then attended medical school at UTMB in Galveston. He is board certified in family medicine and currently practicing medicine at Bay Side Clinic in Bay Side Community Hospital in Anahuac. He also serves as the team doctor for the Anahuac ISD LEGG program. He's married to his high school sweetheart Jana, and they have one son named Joshua. Members, help me welcome Dr. John Redman to the Capitol today. Thank you.

SENATOR OGDEN: Thank you, Doctor. Members, would you take your seats for a memorial resolution. The Chair lays out the following resolution. The secretary will read the resolution.

PATSY SPAW: Senate Resolution 479. WHEREAS, The Senate of the State of Texas honors and commemorates the life of Galveston civic leader Lynn Levin Cantini, who died January 14, 2011, at the age of 64; and WHEREAS, A fourth-generation Galvestonian, Lynn was born on February 10, 1946; she graduated from Ball High School in 1964 and attended Stephens College; she earned a bachelor's degree in elementary education from The University of Texas at Austin and a master's degree in speech pathology from the University of Houston; she worked as a schoolteacher, educational diagnostician, and speech pathologist; and WHEREAS, She carried on her family's tradition of civic and social involvement on Galveston Island; her many activities included volunteering for the Galveston Historical Foundation, The Grand 1894 Opera House, the American Cancer Society, and Temple B'Nai Israel; and WHEREAS, As the daughter of a longtime faculty member and the second president of The University of Texas Medical Branch, Lynn had been involved with the Medical Branch family since her childhood; with her husband, Armin, Lynn was a dedicated member of the President's Cabinet, and she served a distinguished four-year term on the School of Health Professions' Advisory Council; and WHEREAS, Lynn demonstrated exceptional courage and resolve while facing her own personal challenge; she helped establish the Lynn Levin Cantini professorship to support the study and treatment of disorders that affect the joints, bones, and muscles, especially autoimmune diseases, and the Edna S. Levin Professorship in Cancer Studies, named for her mother; and WHEREAS, A warm, kind, and gracious lady, Lynn was unwavering in her determination to live each day to the fullest, and she leaves behind memories that will be treasured forever by her family, her many friends, and all those who had the good fortune of knowing her; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 82nd Legislature, hereby extend sincere condolences to the bereaved family of Lynn Levin Cantini; and, be it further RESOLVED, That a copy of this Resolution be prepared for her family as an expression of deepest sympathy from the Texas Senate, and that when the Senate adjourns this day, it do so in memory of Lynn Levin Cantini by Jackson.

SENATOR OGDEN: Chair recognizes Senator Jackson on the resolution.

SENATOR JACKSON: Thank you, Mr. President, members. I guess it's with a heavy heart today that we do resolutions but Galveston lost, as you can tell by listening to all of the things that she was involved in, a great leader in Galveston with Ms. Lynn Cantini. She was a fourth generation Galvestonian and a member of the UTMB Medical Branch. Since her childhood, and I don't need to tell you and the members what the UTMB is to Galveston, it is the largest employer and just a truly magnificent place. She served UTMB as a member of the president's cabinet and sat on the school of health professional and advisory council. She helped establish professorships in both her and her mother's name at the university. We have with us today some members of her family and friends. We've got Arman Cantini is here, Debbie Gainer a long time friend, Jim (inaudible), Sally Galbraith and also we have Jamie Selick. And Mr. President, I would move that we adopt Senate Resolution 479 in Ms. Cantini's honor.

SENATOR OGDEN: Would all those in favor of the resolution, please rise? The resolution is adopted. Chair lays out the following resolution by Rodriguez. The secretary will read the resolution.

PATSY SPAW: Senate Resolution 745 recognizing HÈctor AgustÌn MurguÌa Lardiz·bal, mayor of Ciudad Juarez in the state of (inaudible) Mexico to the State Capitol by Rodriguez.

SENATOR RODRIGUEZ: Thank you, Mr. President and members. It is with great honor and distinction that I want you to help me welcome to some distinguished visitors from the city of Ciudad Juarez, Mexico. We've here with us today the mayor of Ciudad, Juarez and city manager. Ciudad Juarez together with neighboring city of El Paso, Texas make up the world's largest international border metroplex with over 2 million people. Since 1598, that's way back when the Spaniards first crossed from Mexico into the United States. Both cities, Cuidad Juarez and El Paso, have evolved together through the years as a dynamic economic and cultural crossroads for the United States and the Republic of Mexico. Ciudad Juarez and El Paso share four international ports of entry that play a key part in the transportation system that links the western and southern hemispheres. Mr. President and members, there's more than 70 Fortune 500 companies today operating over 366 major county plants that employ almost 178,000 -- over 178,000 workers in Ciudad, Juarez in telecommunications, manufacturing of medical supplies, consumer appliances, electronics and motor parts. In fact, Ciudad Juarez and (inaudible) the state of Texas represents 15 percent of the total trade relationship with the Mexico and the United States. Mr. President, members, present with us on the Senate floor is mayor HÈctor AgustÌn MurguÌa Lardiz·bal who is a fervent advocate for international trade between Ciudad, Juarez and the state of Texas which totals over $48 billion annually. And despite the headlines and the ongoing drug wars or drug related violence that we hear about in his city, Mr. President, and you were down there with me not too long ago with Senator Williams, Mayor Murguia continues to work to strengthen commerce, industrialize industrial development and improve border relations. Members, help me welcome our distinguished guest today visiting the Capitol from Ciudad, Juarez from the city of (inaudible) Mexico, Mayor Murguia and his city manager Jose

(inaudible) Martinez Ortega. Welcome. Thank y'all for being here.

SENATOR OGDEN: Is there objection to the adoption of the resolution? The Chair hears none, the resolution is adopted. Senator Eltife.

SENATOR ELTIFE: Members, that concludes the morning call. Senator Nichols IS recognized for a motion to suspend the regular order of business on SB663.

SENATOR NICHOLS: Thank you, Mr. President. I move to suspend the Senate's regular order of business to take up and consider Senate Bill 633. This is a sunset bill for the State Committee of Examiners and Fitting and Dispensing of Hearing Instruments. Fitters and dispensers of hearing aids measure hearing for the purposes of selecting, adapting and selling hearing aids. This committee is administratively attached to the Texas Department of State Health Services and will be abolished on September 1 of this year unless continued by the legislature. The bill implements a recommendation of the Texas Sunset Commission and provisions include removing unnecessarily restrictive continuing education requirements for licenses and continuing education sponsors. It removes the statutory provision requiring out of state fitters and dispensers to establish Texas residency before applying for a licensure. Requires the committee in a state board of examiners for speech audio pathology for audiology to jointly develop and adopt rules for hearing aids sales and continuing the state committee examiners and the fitting and dispensing of hearing instruments for six years. We'll have a floor amendment that addresses concerns of the Texas Hearing Aid Association relating to the association, creation and administration of the exam. With that I move suspension of the Senate's regular order of business.

SENATOR ELTIFE: Senator Nichols moves suspension of the regular order of business to take up and consider SB663. Is there objection? Chair hears none, rules are suspended. Chair lays out on second reading SB663. The secretary will read the caption.

PATSY SPAW: Senate Bill 663 relating to the continuation and function of the State Committee of Examiners and the fitting and dispensing of hearing instruments.

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

SENATOR NICHOLS: Members --

PATSY SPAW: Floor Amendment No. 1 by Nichols.

SENATOR ELTIFE: Senator Nichols to explain the amendment.

SENATOR NICHOLS: Members this is the floor amendment I explained a second ago, it resolves the concerns of the Hearing Aid Association while maintaining the original intent of the bill. It will clarify that the hearing examiner committee members construct the exam and the agency staff will conduct the exam.

SENATOR ELTIFE: Members, Senator Nichols moves adoption of Floor Amendment No. 1. Is there objection? Hearing none, Floor Amendment No. 1 is adopted. Senator Nichols is now recognized for a motion.

SENATOR NICHOLS: Mr. President, members, I move passage of Senate Bill 663 as amended to engrossment.

SENATOR ELTIFE: Senator Nichols moves passage to engrossment. Is there objection? Hearing none, Senate Bill 663 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 now move to suspend the constitutional rule that bills be heard on three several days.

SENATOR ELTIFE: The secretary will call the roll.

SENATOR ELTIFE: 30 ayes, one nay, the rule's suspended. The Chair lays out on third reading and final passage SB663. The secretary will read the caption.

PATSY SPAW: Senate Bill 663 relating to the continuation and function of the state committee of examiners in the fitting and dispensing of hearing instruments.

SENATOR ELTIFE: Senator Nichols is recognized for a motion.

SENATOR NICHOLS: Mr. President, members, I move final passage of Senate Bill 633 as amended.

SENATOR ELTIFE: Senator Nichols now moves passage of Senate Bill 663 as amended. The secretary will call the roll.

SENATOR ELTIFE: 31 ayes, zero nays, SB663 as amended is finally passed. Congratulations, Senator Nichols.

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

SENATOR ELTIFE: Senator Williams is recognized for a motion to suspend the regular order of business on Committee Substitute SB1701.

SENATOR WILLIAMS: Thank you, Mr. President, members. The illegal drug trade in Texas in the United States generates billions of dollars for the cartels in Mexico. Many unscrupulous individuals on our side of the border benefit from these illegal proceeds by helping the cartel to do their business. The individuals involved in these criminal enterprises are often very savvy and business minded and/or aware that once they're under investigation, their assets might be subject to forfeiture and, therefore, they take high precautions to hide those assets. In the Committee Substitute to Senate Bill 1701 if a court cannot locate property to be forfeited or the property in question has taken some measure to hide the asset, the court may order the forfeit of some equal or lesser asset that may not normally be the subject of forfeiture. The bill passed unanimously out of committee. Members, there is an amendment. The Floor Amendment fixes a drafting error that Senator Davis pointed out in the committee that confused the property subject to forfeiture and the actual property forfeited. Namely, part four in section one of the bills reads that the court finds that the property of the person has been forfeited rather than the property that has been ordered forfeited and that's what the amendment does, it corrects that. Mr. President, members, I would move to suspend the Senate's regular order of business in order that we can take up and consider the Committee Substitute to Senate Bill 1701.

SENATOR ELTIFE: Senator Williams moves suspension of the regular order of business to take up and consider Committee Substitute to SB1701. Is there objection? Chair hears none, rule are suspended. Chair lays out on second reading Committee Substitute SB1701. The secretary will read the caption.

PATSY SPAW: Committee substitute Senate Bill 1701 relating to a criminal asset forfeiture hearing.

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

PATSY SPAW: Floor Amendment No. 1 by Williams.

SENATOR ELTIFE: This is the amendment Senator Williams explained in his introduction. Senator Williams on the amendment.

SENATOR WILLIAMS: Thank you, Mr. President, members. This changes the language from has been forfeited to originally ordered forfeited as I mentioned in my introduction to the bill. I move adoption.

SENATOR ELTIFE: Senator Uresti, for what purpose? Senator Uresti, are you wishing to be recognized? No. Senator Williams moves adoption of Floor Amendment No. 1. Is there objection? Chair hears none, Floor Amendment No. 1 is adopted. Senator Williams is recognized for a motion.

SENATOR WILLIAMS: Thank you, Mr. President, I move passage to engrossment of Committee Substitute to Senate Bill 1701 as amended.

SENATOR ELTIFE: Senator Williams now moves passage to engrossment. Is there objection? Chair hears none, Committee Substitute SB1701 as amended is passed to engrossment. Senator Williams is now recognized for a motion to suspend the constitutional three day rule.

SENATOR WILLIAMS: I -- so moved.

SENATOR ELTIFE: The secretary will call the roll.

SENATOR ELTIFE: 30 ayes, one nay, the rule is suspended. Chair lays out on third reading and final passage of Committee Substitute SB1701 as amended. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 1701 relating to a criminal asset forfeiture hearing.

SENATOR ELTIFE: Senator Williams is recognized for a motion.

SENATOR WILLIAMS: I move final passage.

SENATOR ELTIFE: Senator Williams now moves final passage of Committee Substitute SB1701 as amended. Secretary, please call the roll.

SENATOR ELTIFE: 31 ayes, zero nays Committee Substitute SB1701 as amended is finally passed. Congratulations, Senator Williams. Senator Hegar is now recognized for a motion to suspend the regular order of business on SB1625.

SENATOR HEGAR: Thank you, Mr. President. Members, Senate Bill 1625 deals with in 1993 the legislature created the Edward's Aquifer Authority to manage the Edward's Aquifer in south central Texas and avoids a potential takeover of the Aquifer by federal courts due to federal and pending endangered species litigation. Senate Bill 1625 amends the EA Act to provide that chapter 36 of the Water Code does not apply to the authority while incorporating language from certain chapters of section 36 that are not otherwise contained in chapter 49 of the Texas water code that are useful to the authority's management of the Aquifer such as provisions addressing powers, duties, financing, bonding authority, and judicial review. And I would move to suspend the Senate's regular order of business to take up and consider Senate Bill 1625.

SENATOR ELTIFE: Senator Hegar moves suspension of the regular order of business to take up and consider SB1625. Is there objection? Chair hears none, rules are suspended. Chair lays out on second reading SB1625. The secretary will read the caption.

PATSY SPAW: Senate Bill 1625 relating to the administration powers, duties and operation of Edwards Aquifer Authority.

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

PATSY SPAW: Floor Amendment No. 1 by Hegar.

SENATOR ELTIFE: Senator Hegar to explain the amendment.

SENATOR HEGAR: Thank you, Mr. President. This amendment corrects a drafting error on page 8 line 48 to change the date but does not change the year. It corrects the date based on a subsequent court decision in the Edward's Aquifer Authority versus Chemical Line and this would change it in also page 6 line 12. And I would move adoption of Floor Amendment No. 1.

SENATOR ELTIFE: Members, Senator Hegar moves adoption of Floor Amendment No. 1. Is there objection? Chair hears none, Floor Amendment No. 1 is adopted. Senator Hegar is now recognized for a motion.

SENATOR HEGAR: Move passage to engrossment.

SENATOR ELTIFE: Senator Hegar now moves --

SENATOR FRASER: Hold on, wait.

SENATOR ELTIFE: Senator Fraser, you wish to be recognized? For what purpose, Senator Fraser?

SENATOR FRASER: Question of the author, as soon as I catch my breath.

SENATOR ELTIFE: Does Senator Hegar yield?

SENATOR HEGAR: I'll yield after he catches his breath.

SENATOR FRASER: Senator Hegar, the question I was going to ask you, I know we talked about it this morning, this act, the Edward Aquifer Act, by taking them out of chapter 36, I am sure you're aware of the -- about that in the Edward's Aquifer about that says if there's a conflict with any other part of the statute that the Edward's Aquifer act will prevail, are you aware of that?

SENATOR HEGAR: That is correct.

SENATOR FRASER: And are you also aware that in chapter 36, the reporting requirements that have to do with the management of groundwater districts, the desired future conditions, multiple reports that they are currently required under statute to comply with and to report back to the state, that now if you take them out of 36, they will no longer be required to do those reports?

SENATOR HEGAR: As you know, in the desired future conditions with the Edwards Aquifer Authority, they are the only authority in the state where the legislature has enacted and come and said, this is your desired future conditions. In other words, the pumping caps are capped and, therefore, that cannot change unless the legislature changes those caps. Unlike the other groundwater districts which are very unique and different in the fact that that goes through a whole process. So the fact is the Edward's Aquifer Authority will still feel compelled to provide reports or data or working with the water development board even though they're very unique and different than any other groundwater district in the state of Texas.

SENATOR FRASER: And I think you actually just made my point, is that the fact that we do put it in statute, it's one of the ones because of federal Endangered Species Act, we are required to make sure we take care of it first, so actually their desired future condition may be the most important in the state. I ask you these questions and I would tell the other members that I was the lone vote in the committee voting against it, I may be the line vote on the floor. But I think -- I believe personally as the chairman of the committee that they are better off and have a better defense staying in 36 and by removing them I think it weakens their position and I think it -- monitor the state's position of the Edward's Aquifer. I will be voting no on the bill.

SENATOR HEGAR: And I really appreciate -- I appreciate all of our discussions and thoughts on what we think are difference in opinions and sharing the committee, I really appreciate the fact that we've had that discussion, we've had that meeting, we've had the open testimony, we had a vote and I appreciate your difference of opinions and may be in a different committee, a chairman wouldn't even bring the bill up for a vote that's extremely important for my folks and so many people that are in this room. But I appreciate you working with us on that. So, thank you. And I would move passage to engrossment of Senate Bill 1625.

SENATOR ELTIFE: Senator Hegar moves passage to engrossment. Is there objection? Secretary, please call the roll.

SENATOR ELTIFE: 30 ayes, one nay, the bill is passed to engrossment. Senator Hegar is now recognized for a motion to suspend the constitutional three day rule.

SENATOR HEGAR: So moved.

SENATOR ELTIFE: The secretary will call the roll.

SENATOR ELTIFE: 29 ayes, two nays, the rule is suspended. The Chair lays out on third reading and final passage SB1625. The secretary will read the caption.

PATSY SPAW: Senate Bill 1625 relating to the administration of powers and duties of the Edward's Aquifer Authority.

SENATOR ELTIFE: Senator Hegar is recognized for a motion.

SENATOR HEGAR: Thank you. Move final passage of Senate Bill 1625.

SENATOR ELTIFE: Thank you. Senator Hegar now moves final passage of SB1625. The secretary will call the roll.

SENATOR ELTIFE: 30 ayes, one nay, SB1625 is finally passed. Congratulations, Senator Hegar. Senator Zaffirini is how recognized for an introduction.

SENATOR ZAFFIRINI: Thank you, Mr. President. Mr. President and members, it is my pleasure to introduce four Senate pages from my hometown of Laredo. All of them are 10th graders at Science Harmony Academy. Please join me in welcoming our four outstanding students as I ask them to rise as I introduce them. Jackson Garcia, Joseph Lee, Gabriella Padilla and (inaudible). Thank you all of our Senate pages for your wonderful service to the Texas Senate and welcome. Members, please join me.

SENATOR ELTIFE: Thank you, Senator Zaffirini. Senator Hinojosa is recognized for a motion to suspend the regular order of business on Committee Substitute SB1416.

SENATOR HINOJOSA: Thank you, Mr. President. Members, I move to suspend the regular order of business to we can take up and consider Committee Substitute to Senate Bill 1416. Members, this is -- taking place in south Texas where recently law enforcement in south Texas when in pursuit of suspects are dealing with suspects throwing tire deflation devices at law enforcement officials vehicles and then evading arrest as a result. The devices are very dangerous not only to law enforcement people in pursuit but also the general public because they can cause tires to go flat or have a blow out that will cost the car turnout and also stop the chase of the suspects. And this device -- tire deflation devices personally are not illegal or against the law. What this Committee Substitute to Senate Bill 1416 does is add a definition that a tire deflation device means a device including a cow trap or strip that when driven over impedes or stops the movement of a wheeled vehicle by puncturing one or more of the vehicle's tires. The device is made of spikes, nails, and different kind of hard material that will puncture tires. It also adds some tire deflation device is a prohibited weapon under section 4605 of the Penal Code. And this is a way to be able to catch and prosecute people who manufacture and use the devices who are trying to get away from law enforcement who are in pursuit of them during a chase. The -- it also contains a defense to the prosecution that the actor's conduct was incidental to dealing with the tire deflation device, in armed forces, National Guard, government law enforcement agency or correctional facility. Furthermore it, also amends the definition to make sure that we don't -- or that we exclude caller rental facilities and businesses that have one directional spike strips that are not to be in violation of any statute. With that Mr. President and members, I would like to answer questions, if not, move to suspension.

SENATOR ELTIFE: Senator Lucio, for what purpose?

SENATOR LUCIO: Will the chairman yield?

SENATOR ELTIFE: Senator Hinojosa yield?

SENATOR HINOJOSA: I yield, Mr. President.

SENATOR LUCIO: Members, I just wanted to rise and let you know that I too found this bill early in the session, it's a very good bill and it's one that I think will help our law enforcement agencies be able to do their job. Unfortunately the criminals are way ahead of the game. These are cow traps that Senator Hinojosa is talking about is an ancient weapon, really, it's been around forever and this particular bill would outlaw it, would make sure that no one gets away that is in possession or manufactures or repairs or does anything in conjunction with this particular item except collect them as a collectors item, then they wouldn't be subject to any criminal penalty. So it's a very good bill, members, and I would ask you to support Senator Hinojosa.

SENATOR HINOJOSA: Thank you, Senator Lucio and I appreciate your support because I know that you and I have been working together on this problem that we face together in south Texas with a lot of the cartels that are pushing drugs and then they flee once they see police officers and they use this type of device to impede the pursuit. But it also places in danger the public because they often use public highways out in south Texas.

SENATOR ELTIFE: Senator Hinojosa moves suspension of the regular order of business to take up and consider Committee Substitute to SB1416. Is there objection? Chair hears none, rules are suspended. Chair lays out on second reading Committee Substitute SB1416. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1416 relating to creation of the offense of possession, manufacture, transportation, repair or sale of tire deflation device.

SENATOR ELTIFE: Senator Hinojosa is recognized for a motion.

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

SENATOR ELTIFE: Senator Hinojosa now moves passage to engrossment. Is there objection? Chair hears none, Committee Substitute to SB1416 is passed to engrossment. Senator Hinojosa is now recognized for a motion to suspend the constitutional three day rule.

SENATOR HINOJOSA: Mr. Chairman and members -- Mr. President and members, I move that we suspend the three day constitutional rule.

SENATOR ELTIFE: The secretary will call the roll.

SENATOR ELTIFE: 30 ayes, one nay, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute SB1416. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1416 relating to the creation of the offense of possession, manufacture or sale of tire deflation device.

SENATOR ELTIFE: Senator Hinojosa is recognized for a motion.

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

SENATOR ELTIFE: Senator Hinojosa moves final passage of Committee Substitute to SB1416. The secretary will call the roll.

SENATOR ELTIFE: 31 ayes, zero nays, Committee Substitute to SB1416 is finally passed. Congratulations, Senator Hinojosa.

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

SENATOR ELTIFE: Senator Nichols is now recognized for a motion to suspend the regular order of business to take up and consider SB688.

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 for Senate Bill 688. Many of the provisions in this bill is related to Medicaid fraud prosecution, they're similar to Senate Bill 1432 from last session which passed out unanimously out of the Senate. Generally the Committee Substitute makes the following changes: It extends the statute of limitations for Medicaid fraud from three years to seven years. It authorizes commissioned peace officer with the attorney general's office to use advanced tracking tools during investigation. It allows the attorney general to present evidence additional evidence to be considered during the penalty phase of a trial. Clarifies that exploitation is a crime of fraud, ensures that electronic documents can be considered as evidence, creates a new definition of a high managerial agent like a CFO who can be prosecuted instead of just the owner of the Medicaid provider and ensures Medicaid fraud can be prosecuted ass an organized crime. With that, I move suspension of the regular order of business.

SENATOR ELTIFE: Senator Nichols moves suspension of the regular order of business to take up and consider Committee Substitute SB688. Is there objection? The Chair hears none, rules are suspended. Chair lays out on second reading Committee Substitute SB688. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB688 relating to the investigation prosecution and punishment of criminal Medicaid fraud.

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

PATSY SPAW: Floor Amendment No. 1 by Duncan.

SENATOR ELTIFE: Senator Duncan to explain the amendment.

SENATOR DUNCAN: Thank you, Mr. President. Members, this is just simply more or less a technical amendment. It just assures in the punishment phase in these sorts of trials that the applicable rules of evidence should be used, and I think it's acceptable to the author.

SENATOR ELTIFE: Senator Nichols.

SENATOR NICHOLS: The amendment is acceptable.

SENATOR ELTIFE: Senator Duncan now moves adoption of Floor Amendment No. 1. Is there objection? Chair hears none, Floor Amendment No. 1 is adopted. Thank you, Senator Duncan. Senator Nichols is now recognized for a motion.

SENATOR NICHOLS: Mr. President and members, I now move passage of Committee Substitute Senate Bill 688 as amended to engrossment.

SENATOR ELTIFE: Senator Nichols moves passage to engrossment. Is there objection? Chair hears none, Committee Substitute to Senate Bill 688 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 heard on three several days.

SENATOR ELTIFE: The secretary will call the roll.

SENATOR ELTIFE: 30 ayes, one nay, the rule is suspended. Chair lays out on third reading and final passage Committee Substitute SB688 as amended. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB688 relating to the investigation, prosecution and punishment of criminal Medicaid fraud.

SENATOR ELTIFE: Senator Nichols is recognized for a motion.

SENATOR NICHOLS: Mr. President and members, I move final passage of Committee Substitute Senate Bill 688 as amended.

SENATOR ELTIFE: Senator Nichols how moves final passage of Committee Substitute SB688 as amended. The secretary will call the roll.

SENATOR ELTIFE: 31 ayes, zero nays, Committee Substitute SB688 as amended is passed. Congratulations, Senator.

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

SENATOR ELTIFE: Senator Rodriguez is recognized for a motion to suspend the regular order of business on SB1195.

SENATOR RODRIGUEZ: Thank you, Mr. President. Members, Senate Bill 1195 is a local bill that affects only El Paso County. Currently the administrative judge or the jury duty court judge may authorize jury service postponement under the El Paso county jury selection plan. When these two individuals are unavailable and no one is available to authorize jury service postponements, coordinating the availability of one or the other has become quite burdensome. Additionally the jury selection staff consists of the employees of the district clerk and employees of the council of judges. Each group has been answering to the standards set by the respective employers which are not always necessarily the same. Judges have the final responsibility to see that jurors summoned to their courts consist of a fair cross section of the community as required by the 6th Amendment of the US Constitution. Members and Mr. President, Senate Bill 1195 amends the government code to require the El Paso County council of judges designee to grant a postponement of the jury service if a person meeting certain conditions. If a person requests a postponement in writing or by telephone by the appearance date has not been granted to a postponement since the date when the jury wheel was last reconstituted in a substitute date that is within six months of the original appearance date is determined. Mr. President, members I move that we suspend the Senate's regular order of business and all necessary rules to take up and consider Senate Bill 1195.

SENATOR ELTIFE: Senator Rodriguez moves passage -- suspension of the regular order of business to take up and consider SB1195. Is there objection? Chair hears none, rules are suspended. Chair lays out on second reading SB1195. The secretary will read the caption.

PATSY SPAW: Senate Bill 1195 relating to postponement of jury service in certain counties.

SENATOR ELTIFE: Senator Rodriguez is recognized for a motion.

SENATOR RODRIGUEZ: Mr. President, members, I move passage of Senate Bill 1195 to engrossment.

SENATOR ELTIFE: Senator Rodriguez moves passage to engrossment. Is there objection? Chair hears none, Senate Bill 1195 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 Senate Bill 1195 on third reading and final passage.

SENATOR ELTIFE: Senator -- The secretary will call the roll.

SENATOR ELTIFE: 30 ayes, one nay, the rule is suspended. Chair lays out on third reading and final passage SB1195. The secretary will read the caption.

PATSY SPAW: SB1195 relating to postponement of jury service in certain counties.

SENATOR ELTIFE: Senator Rodriguez is recognized for a motion.

SENATOR RODRIGUEZ: Mr. President and members, I move final passage of Senate Bill 1195.

SENATOR ELTIFE: Senator Rodriguez now moves final passage of SB1195. The secretary will call the roll.

SENATOR ELTIFE: 31 ayes, zero nays, SB1195 is finally passed. Congratulations, Senator Rodriguez.

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

SENATOR ELTIFE: Senator Zaffirini is recognized for a motion to suspend the regular order of business on Committee Substitute SB776.

SENATOR ZAFFIRINI: Thank you, Mr. President. Mr. President and members, I move to suspend the Senate's regular order of business in order to take up and consider at this time Committee Substitute for Senate Bill 776 relating to customs brokers. In 2003 the comptroller published a report that documented widespread fraud and abuse in the customs brokers system. Including brokers providing blankets for certificates with stamps, not certifying that goods existed, accepting receipts collected from store dumpsters or parking lots and accepting obviously fake identification cards. In 2003 we passed legislation attempting to direct that, but the system is still subject to abuse and a lack of enforcement. The Committee Substitute for Senate Bill 776 would require all tax exemption transactions to be filed through the comptroller's online system, require the custom broker to sign the declaration that the broker has inspected the property, and the original -- tax exempt allow for the penalty assessed for fraud to be determined at a level different from the amount of fraudulent funded tax and allocate the revenues from the export certificate fee of 50 cents toward enforcement of the custom broker system by the comptroller. Mr. President, I move suspension.

SENATOR ELTIFE: Senator Zaffirini moves suspension of the regular order of business to take up and consider Committee Substitute SB776. Is there objection? Chair hears none, the rules are suspended. Chair lays out on second reading Committee Substitute SB776. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 776 relating to custom brokers.

SENATOR ELTIFE: Senator Zaffirini is recognized for a motion.

SENATOR ZAFFIRINI: Thank you, Mr. President. I move passage to engrossment of the Committee Substitute for Senate Bill 776.

SENATOR ELTIFE: Senator Zaffirini now moves passage to engrossment. Is there objection? Hearing none, Committee Substitute SB776 is passed to engrossment. Senator Zaffirini is now recognized for a motion to suspend the constitutional three day rule.

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

SENATOR ELTIFE: The secretary will call the roll.

SENATOR ELTIFE: 30 ayes, one nay, the rule is suspended. Chair lays out on third reading and final passage Committee Substitute SB776. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 776 relating to customs brokers.

SENATOR ELTIFE: Senator Zaffirini is recognized for a motion.

SENATOR ZAFFIRINI: Thank you, Mr. President. I move final passage for Committee Substitute to Senate Bill 776.

SENATOR ELTIFE: Senator Zaffirini moves final passage of Committee Substitute SB776. The secretary will call the roll.

SENATOR ELTIFE: 31 ayes, zero nays, Committee Substitute SB776 is finally passed. Congratulations, Senator Zaffirini.

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

SENATOR ELTIFE: Senator Rodriguez is recognized for a motion to suspend the regular order of business on Committee Substitute SB1019.

SENATOR RODRIGUEZ: Mr. President and members, Committee Substitute for Senate Bill 1019 only applies to El Paso County. In 2009 the 81st legislature passed Senate Bill 1368 which allowed the commissioner's court of the El Paso County to establish an ethics commission with the power to develop and enforce an ethics code powered to govern employees, contractors and lobbyists. As a former county attorney of El Paso County, I strongly advocated for legislation to authorize this ethics commission. The commission has overwhelmingly worked in a cooperative manner to develop an ethics codes and procedures that are fair but allow people who deviate from the proper standards to be held accountable. Senate Bill 1019 is primarily a cleanup bill that addresses inconsistencies or ambiguities in the administrative processes that govern the commission. Senate Bill 1019 codifies the commissioner's recommendation for provisions of the administrative staff governing their performance. For example, the bill provides a method of staggering commissioner's terms that allows for continuity, allows for the commissioners to choose their own chairman, sets consistent timelines for resolving complaints, clarifies the whistle blower statute and resolves some contradictions in the complaint process. Mr. President and members, I move that we suspend the regular order of business and all necessary rules to take up and consider the Committee Substitute for Senate Bill 1019.

SENATOR ELTIFE: Senator Rodriguez moves suspension of the regular order of business to take up and consider Committee Substitute SB101. Is there objection? Chair hears none, rules are suspended. Chair lays out on second reading Committee Substitute to SB1019. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 1019 relating to the county ethics commission for certain counties.

SENATOR ELTIFE: Senator Rodriguez is recognized for a motion.

SENATOR RODRIGUEZ: Mr. President and members, I move that Committee Substitute to Senate Bill 1019 moves to engrossment.

SENATOR ELTIFE: Senator Rodriguez moves passage to engrossment. Is there objection? Hearing none, Committee Substitute SB1019 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 Senate Bill 1019 on third reading and final passage.

SENATOR ELTIFE: The secretary will call the roll.

SENATOR ELTIFE: 30 ayes, one nay, the rule is suspended. Chair lays out on third reading and final passage Committee Substitute Senate Bill 1019. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 1019 relating to the county ethics commission for certain counties.

SENATOR ELTIFE: Senator Rodriguez is now recognized for a motion.

SENATOR RODRIGUEZ: Mr. President and members, I now move final passage of Committee Substitute for Senate Bill 1019.

SENATOR ELTIFE: Senator Rodriguez now moves final passage of Committee Substitute SB1019. The secretary will call the roll.

SENATOR ELTIFE: 31 ayes, zero nays, Committee Substitute SB1019 is finally passed. Congratulations, Senator Rodriguez.

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

SENATOR ELTIFE: The president's desk is clear. Yes, Senator Nelson, the president's desk is clear. Members, are there any announcements? Any announcements for committee meetings? Senator Estes, you're recognized.

SENATOR ESTES: Thank you, Mr. President and members. Members, Senate Committee on Agricultural and Rural Affairs will meet at 3:00 o'clock in E1012. Make sure that's right. That's correct. And, members, we have seven bills to vote out so let's come get a quorum. It will be relatively quick and short bills to hear. So thank you.

SENATOR ELTIFE: Thank you, Senator Estes. Senator Duncan.

SENATOR DUNCAN: Thank you, Mr. President. Members, the Senate State affairs Committee will reconvene 30 minutes upon adjournment which will be 3:00 p.m. We have one bill left, and we'll be done for the day. We'll be meeting in the Senate chamber.

SENATOR ELTIFE: Thank you, Senator Duncan. Senator Hinojosa. Announcement on finance. Senator Hinojosa is recognized.

SENATOR HINOJOSA: Thank you, Mr. President and members. Just to announce that the finance committee will reconvene at 3:15 in the usual finance committee hearing room. Thank you.

SENATOR ELTIFE: Thank you, Senator Hinojosa. Members, are there any other announcements? Members, if we could have your attention please. The Chair recognizes the Dean of the Senate for a highly privileged motion that includes memorial resolutions. Thank you.

DEAN OF THE SENATE: Thank you, Mr. President. At this time I would like to yield to Senator Birdwell. And excuse me, Mr. Birdwell, pretty good order. I yield.

SENATOR ELTIFE: Thank you, Dean. Senator Birdwell, you're recognized.

SENATOR BIRDWELL: Thank you, Mr. President. Thank you, Senator Whitmire. Mr. President, members, today I'd like to honor two fallen soldiers from Texas within my district. Both of them died while honorably serving in our United States Army during Operation Enduring Freedom. Staff Sergeant Brian Burgess of Cleburne, Texas was assigned to the second battalion 327th Entry Regiment, First Brigade combat team, 101st Airborne Division, air assault. He died on March 29th succumbing to wounds when enemy forces attacked his unit with small arms fire in the (inaudible) province of Afghanistan. Also Staff Sergeant Nicholas McDaniel of Fort Hood, Texas assigned to the 6th squadron, 104th battalion regiment brigade combat team, first infantry division. He died on March 19th succumbing to wounds when enemy forces attacked his unit with an improvised explosive device and small arm off the coast of the (inaudible) of Afghanistan. Both of these young men are two more examples of the capacity for selfless sacrifice and service that the men and women of the United States Armed Forces are making and a daily reminder of the vigilance required in the defense of our freedoms. Thank you, Mr. President.

SENATOR ELTIFE: Thank you, Senator Birdwell. Dean Whitmire.

SENATOR JOHN WHITMIRE: Thank you, Mr. President, I would move that the Senate adjourn until 11:00 a.m. tomorrow in memory of U.S. Army Staff Sergeant Nicholas McDaniel, U.S. Army Staff Sergeant Brian Burgess and Lynn Cantini.

SENATOR ELTIFE: Senator Whitmire moves that the Senate adjourn until 11:00 a.m. Tuesday April 12th. Is there objection? Chair hears none. Senate stands adjourned until 11:00 a.m. Tuesday April 12th. Thank you, members.

(Adjourned.)