Senate Transcript, April 12, 2011

SENATOR ELTIFE: The Senate will come to order. 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: Members, a quorum is present. All in the gallery and on the floor and in the gallery please rise for the invocation to be delivered by Pastor William Mose Johnson, Jr., First Baptist Church of Buna.

PASTOR: Let's pray. Almighty God of heaven and earth, we ask Your blessing and divine guidance on these men and women to lead us. We pray that through their efforts lives will be enriched and helped and Your name will be glorified. We pray according to Your word that these would act justly, of mercy and would walk humbly with You, oh, God. In your name. Amen.

SENATOR ELTIFE: Thank you, Pastor, for being here. You may be seated. Members, Senator Whitmire moves to dispense with the reading of yesterday's journal. Is there objection? The Chair hears none, so ordered. Mr. Doorkeeper.

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

SENATOR ELTIFE: Admit the messenger.

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

SENATOR ELTIFE: Thank you, Messenger. The following message from the governor. Secretary please read the message.

PATSY SPAW: To the Senate of the 82nd Legislature Regular Session. I ask the advice, consent and confirmation of the Senate with respect to the following appointment. To be a member of the State Preservation Board: Ida Louise Weezie Steen, San Antonio. Respectfully submitted, Rick Perry, governor of Texas. To nominations.

SENATOR ELTIFE: Chair lays out the following resolution. Secretary, please read the resolution.

PATSY SPAW: Senate Resolution 725 declaring Tuesday April the 12th, 2011, as Realtor Appreciation Day at the State Capitol by Carona.

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

SENATOR CARONA: Thank you, Mr. President. And thank you, members. Today is Realtor Appreciation Day in the Texas Senate so I'd ask all of you on the floor to join me in welcoming the officers of the Texas Association of Realtors who are with us as guests on the Senate floor. We have Dwight Hale, the chairman, if you just show of hands. Joe Curt, chairman elect, Chad Bogny; is that right? All right. Secretary/treasurer. Bill Jones, immediate past chairman, and Travis ceases Kessler, CEO. And all of those Realtors from around the state who have joined us in the Senate gallery. To all of you, it's always a special honor and privilege when you come and join us for your special legislative day. We thank you so much for the valuable input that you give all of us in making Texas a better place to raise a family. On behalf of all of our colleagues, we welcome you to the Texas Senate.

SENATOR ELTIFE: Members, Senator Carona moves adoption of the resolution. Is there objection? Chair hears none, resolution is adopted. Senator Patrick is recognized for an introduction on Senator Eltife's behalf.

SENATOR PATRICK: Thank you, Mr. President. Since you have the podium today it's my honor to make this presentation and acknowledgment on your behalf. Mr. President and members, please help Senator Eltife welcome the delegation from Panola County celebrating Panola County Day at the Capitol. These community leaders are here to visit with their elected officials and see the legislature in action. Senator Eltife is fortunate to represent such a -- economy with an economy based in oil and gas production, agriculture and timber with almost 15 historical markers in the county and the Texas Country Music Hall of Fame located in Carthage, the county seat. Members, my friends from Panola County are located in the gallery. Please stand if you're from Panola County. Welcome everyone. On behalf of Senator Eltife, members, we welcome you.

SENATOR ELTIFE: Thank you, Senator Patrick. Welcome to the state Capitol. Chair lays out the following resolution. Secretary will read the resolution.

PATSY SPAW: Senate Resolution 632 commending Officer Christopher Fields of the Lake View Police Department for his professionalism and his exemplary service to his community. By Jackson.

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

SENATOR JACKSON: Thank you, Mr. President and members. I'm proud to bring forth Senate Resolution 632 today. It's my distinct honor to welcome Officer Christopher Fields and his family and friends to the Texas Senate today. On March 10th while on routine patrolling, Officer Fields saw a car traveling in the opposite direction of which he was going with red smoke coming out of the back windows of the car. Being on his toes as he always is he knew that there was a problem here. Probably the result of die packs that are set off when people steal money from banks. So he turned around, started to pursue the car and while he was in pursuit, the call went out that a local bank had been robbed. He called for backup and then attempted to make the stop. After a lengthy chase, Office Fields and other Shore Acres police officers successfully stopped the vehicle and arrested the bank robber. Officer Fields later learned that the man he arrested previously served 20 years in an Indiana prison and was a suspect in a number of other local bank robberies. On the floor today we have Officer Fields, his wife Kimber, his children Logan and Kristen and his stepdaughter Katelyn and his parents Sergeant Don and Carla Fields. Sergeant Fields also served as a police officer in La Port for 37 years. Members, Officer Fields is a courageous and dedicated civil servant, and we're lucky to have him and his fellow officers keeping this great state and her citizens safe. And I tell you that's one that you would say you would never mind, you would always appreciate when he says, I got your back. Please help me welcome Officer Fields and his friends and family to the Texas Senate. And members, I would move adoption of the Senate Resolution 632.

SENATOR ELTIFE: Members, Senator Jackson moves adoption of the resolution. Is there objection? Chair hears none, resolution is adopted. Thank you, Senator Jackson. Chair recognizes Senator Deuell for an announcement.

SENATOR DEUELL: Thank you, Mr. President, members. Wednesday I'll move to confirm the nominees listed on the committee action report placed on your desks. These nominees were taken up at our Monday April 11th meeting. Thank you.

SENATOR ELTIFE: Thank you, Senator Deuell. Members that concludes the morning call. Senator Watson is recognized for a motion to suspend the regular order of business on Committee Substitute SB49.

SENATOR WATSON: Thank you, Mr. President, members. I move to suspend the Senate's regular order of business to take up and consider at this time the Committee Substitute to Senate Bill 449 which would create a new property tax valuation option for private landowners who manage their land in ways that help water quality and encourage conservation. This is a revenue neutral bill because only landowners already receiving the agriculture valuation would qualify for this water stewardship evaluation. Members, this is a bill that is coauthored by Senator Estes and I believe today probably following this bill's passage he will be offing up SJR16 which is a companion to this bill so that we make sure that the constitution reflects what we're trying to do here. And I also want to say thank you to Chairman Ogden who helped with some language when this was in the finance committee to make sure that we tightened it up and do it the way that it would best serve the state, and it passed the Senate Finance Committee with a vote of 14 to zero. Mr. President, I move suspension of the rules.

SENATOR ELTIFE: Senator Watson moves suspension to the regular order of business to take up and consider SB449. Is there objection? Chair hears none, rules are suspended. Chair lays out on second reading Committee Substitute SB449. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB449 relating to the appraisal for ad valorem tax purposes for an open space land.

SENATOR ELTIFE: Senator Watson is recognized for a motion.

SENATOR WATSON: Mr. President, I move passage of Committee Substitute to Senate Bill 449 to engrossment.

SENATOR ELTIFE: Senator Watson moves passage to engrossment. Is there objection? Chair hears none, Committee Substitute to SB449 is passed to engrossed. Senator Watson is tow recognized for a motion to suspend the constitutional three day rule.

SENATOR WATSON: 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 SB449. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB449 relating to the appraisal for ad valorem tax purposes of certain open space land.

SENATOR ELTIFE: Senator Watson is recognized for a motion.

SENATOR WATSON: Mr. President, I move final passage of Committee Substitute to Senate Bill 449.

SENATOR ELTIFE: Senator Watson now moves final passage of Committee Substitute SB449. The secretary will call the roll.

SENATOR ELTIFE: 31 ayes, zero nays, Committee Substitute 449 is finally passed. Congratulations, Senator Watson.

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

SENATOR ELTIFE: Senator Estes is recognized for a motion to suspend the regular order of business on SJR16.

SENATOR ESTES: Thank you, Mr. President and members. I've been very pleased to work with Senator Watson on this issue. It's a very good bill, and this is a very good joint resolution. It's a constitutional amendment that adds water stewardship to the list of uses that qualify for appraisal based on the land's productive capacity. So I would move to suspend the regular order of business and the Senate's regular order of business to take up and consider SJR16.

SENATOR ELTIFE: Senator Estes moves suspension of the regular order of business to take up and consider SJR16. Is there objection? The Chair hears none, rules are suspended. Chair lays out on second reading SJR16. The secretary will read the caption.

PATSY SPAW: SJR16 proposing a constitutional amendment providing for the appraisal for ad valorem tax purposes for certain open space land.

SENATOR ELTIFE: Senator Estes is recognized for a motion.

SENATOR ESTES: Mr. President, I move passage to engrossment of Senate Joint Resolution 16.

SENATOR ELTIFE: Senator Estes now moves passage to engrossment. Is there objection? Chair hears none, SJR161 passed to engrossment. Senator Estes is how recognized for a motion to suspend the constitutional three day rule.

SENATOR ESTES: So moved, Mr. President.

SENATOR ELTIFE: The secretary will call the roll.

SENATOR ELTIFE: 30 ayes, one nay, SJR16 is passed to engrossment. Senator Estes is now recognized for a motion to suspend the constitutional three day rule. Are we on final passage, Patsy? Excuse me. Senator Estes is now recognized for a motion for final passage.

SENATOR ESTES: Mr. President, members, I move final passage of SJR16.

SENATOR ELTIFE: Senator Estes moves final passage of SJR16. The secretary will call the roll.

SENATOR ELTIFE: 31 ayes, zero nays, SJR16 is finally passed. Congratulations, Senator Estes.

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

SENATOR ELTIFE: Senator Deuell, are you ready? Senator Deuell is recognized for a motion to suspend the regular order of business on Committee Substitute SB758.

SENATOR DEUELL: Thank you, Mr. President. I move to suspend the Senate's regular order of business so that we can take up and consider at this time the Committee Substitute to Senate Bill 758. Members, this allows local governments to receive sales tax information from the comptroller covering a wider segment of the companies in their jurisdiction. Currently the comptroller provides sales tax information on businesses that collect and remit over $25,000 in sales tax per year. Many smaller vendors in both rural and urban areas do not have that volume of taxable sales. However, often there's vendors that perform a significant percentage of the overall vendor population in the community. And many communities with significant retail and tourist attractions are antique fairs and monthly flea markets. These events provide income for that area but also require significant local resources and expense. Many merchants at these antique fairs and flea markets currently do not meet the $25,000 sales tax collection threshold and therefore do not appear on the report provided by the comptroller provided to local government. The bill simply allows the comptroller to provide to local governments the same information about these smaller vendors than it currently provides on businesses with these larger sales volume. The bill does not require any business to change or alter its filing or report to the comptroller in any way. It has no fiscal impact to the state. I move suspension.

SENATOR ELTIFE: Senator Deuell moves suspension of the regular order of business to take up and consider Committee Substitute SB758. Is there objection? Chair hears none; rules are suspended. Chair lays out on second reading Committee Substitute SB758. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 758 relating to sales and use tax information provided to certain local governmental entities.

SENATOR ELTIFE: Senator Deuell is recognized for a motion.

SENATOR DEUELL: Thank you. I move to engrossment.

SENATOR ELTIFE: Senator Deuell how moves passage to engrossment. Is there objection? Chair hears none, Committee Substitute to Senate Bill 758 is now passed to engrossment. Senator Deuell is now recognized for a motion to suspend the constitutional three day rule.

SENATOR DEUELL: So moved.

SENATOR ELTIFE: The secretary will call the roll.

SENATOR ELTIFE: 30 ayes, one nay, the rule is suspended. Chair lays out on final passage Committee Substitute SB758. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 758 relating to the sales and use tax information provided a certain local governmental entities.

SENATOR ELTIFE: Senator Deuell is recognized for a motion.

SENATOR DEUELL: Thank you, Mr. President. I move final passage of Committee Substitute to Senate Bill 758.

SENATOR ELTIFE: Senator Deuell now moves final passage of Committee Substitute to Senate Bill 758. The secretary will call the roll.

SENATOR ELTIFE: 31 ayes, zero nays, Committee Substitute SB758 is finally passed. Congratulations, Senator Deuell.

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

SENATOR ELTIFE: Senator Patrick is recognized for a motion to suspend the regular order of business on Committee Substitute SB904.

SENATOR PATRICK: Thank you, Mr. President and members. I rise to suspend the Senate's regular order of business to take up and consider Committee Substitute to Senate Bill 904 relating to receive an absentee ballot while living overseas. A person must submit a federal postcard application. Currently Texas law provides that if a person claims to be residing outside of the US indefinitely on the absentee ballot application, they will receive a ballot listing only federal offices, military and some civilian voters overseas have claimed indefinite status on the postcard without the knowledge of the limitations. We have had a number of military members, who because they don't know when they're coming home, sign indefinitely and they were not able to vote a full ballot. This would simply allow them to vote a full ballot. I move suspension.

SENATOR ELTIFE: Senator Patrick moves suspension of the regular order of business to take up and consider Committee Substitute SB904. Is there objection? Chair hears none, rules suspended. Chair lays out on second reading Committee Substitute to SB904. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB904 relating to eligibility of certain citizens residing outside of the U.S. to vote a full ballot.

SENATOR ELTIFE: Senator Patrick is recognized for a motion.

SENATOR PATRICK: I move to engrossment.

SENATOR ELTIFE: Senator Patrick moves passage to engrossment. Is there objection? The Chair hears none, Committee Substitute to SB904 is passed to engrossment. Senator Patrick is now recognized for a motion to suspend the constitutional three day rule.

SENATOR PATRICK: 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 Committee Substitute SB904. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 904 relating to eligibility of certain citizens residing outside of the U.S. to vote a full ballot.

SENATOR ELTIFE: Senator Patrick is recognized for a motion.

SENATOR PATRICK: Move to final passage.

SENATOR ELTIFE: Senator Patrick now moves final page of Committee Substitute SB904. The secretary will call the roll.

SENATOR ELTIFE: 31 ayes, zero nays, Committee Substitute SB904 is finally passed. Congratulations.

SENATOR PATRICK: Thank you, Mr. President. It's always a pleasure working with you.

SENATOR ELTIFE: Senator Van de Putte is recognized for a motion to suspended the Senate's regular order of business on SB1349.

SENATOR VAN DE PUTTE: Thank you, Mr. President and members. I move to suspend the Senate's regular order of business to take up and consider at this time Senate Bill 1349. Members, this bill came through the education committee and deals with marriage and family therapists and it clarifies that the services of marriage and family therapists are not a mandate, it simply adds them to the list when administrators choose to hire therapists from among a qualified pool of mental health professionals and that they be appropriately licensed. Members, I move to suspend the Senate's regular order of business.

SENATOR ELTIFE: Senator Van de Putte moves to suspend the Senate's regular order of business to take up and consider SB1349. Is there objection? Chair hears none, rules suspended. Chair lays out on second reading SB1349. The secretary will read the caption.

PATSY SPAW: Senate Bill 1349 relating to a requirement that person hold a license issued by the appropriate state agency to be employed as a marriage and family therapist.

SENATOR ELTIFE: Floor Amendment No. 1 by Van de Putte. Secretary, please read the amendment.

PATSY SPAW: Floor Amendment No. 1 by Van de Putte.

SENATOR ELTIFE: Senator Van de Putte to explain the amendment.

SENATOR VAN DE PUTTE: Thank you, Mr. President. Members, as our discussions in the education committee, this amendment clarifies any confusion about other mental health licenses that might provide family therapy services. The floor amendment strikes services and substitutes the definition as in 5.2002 of the Occupations Code, which is the right section of the code. I move adoption of amendment No. 1.

SENATOR ELTIFE: Members, Senator Van de Putte moves adoption of Floor Amendment No. 1 is there objection? Chair hears none, Floor Amendment No. 1 is adopted. Senator Van de Putte is know recognized for a motion.

SENATOR VAN DE PUTTE: Thank you. I move passage of Senate Bill 1349 to engrossment.

SENATOR ELTIFE: Senator Van de Putte moves passage to engrossment. Is there objection? Chair hears none, SB1349 as amended is passed to engrossment. Senator Van de Putte is now recognized for a motion to suspend the constitutional three day rule.

SENATOR VAN DE PUTTE: I move that we 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 SB1349 as amended. The secretary will read the caption.

PATSY SPAW: SB1349 relating to requirements that a person hold a license issued by the appropriate state agency to be employed as a marriage and family therapist by a school district.

SENATOR ELTIFE: Senator Van de Putte is now recognized for a motion.

SENATOR VAN DE PUTTE: Thank you. I move final passage of Senate Bill 1349.

SENATOR ELTIFE: Senator Van de Putte moves final page of SB1349 as amended. The secretary will call the roll.

SENATOR ELTIFE: 31 ayes, zero nays, SB1349 as amended is finally passed. Congratulations, Senator Van de Putte. Senator Rodriguez is recognized for a motion to suspend the regular order of business on SB1304.

SENATOR RODRIGUEZ: Good morning, Mr. President and members. Senate Bill 1304 amends the education code to require universities to disclose within a commission's report which outside entity paid for the report. Senate Bill 10 -- 1304 is a refile of Senate Bill 1603 which passed the full Senate last session. Many Texas institutions of higher education perform scientific and social research and publish reports of research results. Funding for such reports can come from a variety of services such as private corporations, government agency, a nonprofit agency. The disclosure of the source of funding for the report would expand transparency for the general public and uphold the integrity of academic reports and for our publicly financed institutions. This bill requires that a report be prepared by a public institution to include a statement of the funding source within the report or study. It does not require any external reporting requirements to other entities. Senate Bill 1304 is supported by organizations ranging from public citizen, the Texas Association of Broadcasters to the Texas Public Policy Foundation and Texans for Fiscal Responsibility -- Prosperity. The Higher Education Coordinating Board indicated that the bill would have no adverse impact on fiscal institutions. 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 1304 at this time.

SENATOR ELTIFE: Senator Rodriguez moves suspension of the regular order of business to take up and consider SB1304. Is there objection? Chair hears none, rules are suspended. Chair lays out on second reading SB1304. The secretary will read the caption.

PATSY SPAW: Senate Bill 1304 relating to requiring finance disclosure concerning reports prepared by public institutions of public education.

SENATOR ELTIFE: Senator Rodriguez is recognized for a motion.

SENATOR RODRIGUEZ: Mr. President and members, I move passage of Senate Bill 1304 to engrossment.

SENATOR ELTIFE: Senator Rodriguez now moves passage to engrossment. Is there objection? Chair hears none. The secretary will call the roll.

SENATOR ELTIFE: There being 29 ayes and two nays, SB1304 is now 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 1304 on third reading and final passage.

SENATOR ELTIFE: The secretary will call the roll.

SENATOR ELTIFE: 28 ayes, three nays, the rule suspended. Chair lays out on third reading and final passage SB1304. The secretary will read the caption.

PATSY SPAW: Senate Bill 1304 relating to requiring financial disclosure concerning reports prepared by public institutions of higher education.

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

SENATOR RODRIGUEZ: Mr. President and members, I move final passage of Senate Bill 1304.

SENATOR ELTIFE: Senator Rodriguez now moves final passage of SB1304. The secretary will call the roll.

SENATOR ELTIFE: 29 ayes, two nays, SB1304 is finally passed.

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

SENATOR ELTIFE: Mr. Doorkeeper.

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

SENATOR ELTIFE: Admit the messenger.

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

SENATOR ELTIFE: Thank you, Mr. Messenger. The Chair recognizes Senator Hegar for an introduction.

SENATOR HEGAR: Thank you, Mr. President and members. Today we have a group with us from the Juvenile Justice Association of Texas as well as the Texas Juvenile Probation System for Texas Juvenile Probation Day. This special group of people donate their time to rehabilitation and the lives of young people in the state through their tireless and courageous work. Members, please join me in welcoming the outstanding group for Texas Juvenile Justice Day here in the Texas Senate. And I think Dean Whitmire would like to say a few comments as well.

SENATOR ELTIFE: Senator Whitmire is recognized.

DEAN OF THE SENATE: I want to thank Mr. President -- not thank you, Mr. President, but Mr. President, I would like to thank Senator Hegar for bringing this group for recognition. They've done an outstanding job in recent years and lowering the recidivism rate, making a difference in young people's lives. Senator Hegar, you and I worked closely in Sunset, given them the resources and tools, they've taken them and made a difference. Just one example, general probation at Fort Bend, Senator Hegar, as you know, in place juvenile probation officer in the public schools to deal with truancy. They don't wait until tickets are issued, the young people are arrested and their parents gone to court for truancy, they do proactive, preventive involvement with the young people and their family to cut down on truancy by placing a probation officer in the schools. It's an excellent example of the difference these people are making. So thank you for bringing them to the floor and having this day to recognize these outstanding professionals.

SENATOR HEGAR: Thank you, Senator Whitmire. And thank you for all the members to make sure that we're very supportive of the men and women that are doing such great work on behalf of our youth here in Texas. And I'd ask you to join with me in recognizing Texas Juvenile Probation Day here at your Capitol at the Texas Senate. And if y'all would please rise. Thank you for your dedication and commitment.

SENATOR ELTIFE: Thank you, Senator Hegar. Thank you, Senator Whitmire. Senator Uresti is recognized for a motion to suspend the Senate's regular order of business on Committee Substitute SB1490.

SENATOR WHITMIRE: Thank you, Mr. President, members. Good morning. Senate Bill 1490 relates to the recording of proceedings and the issuance of a warrant to take physical custody of a child in certain suits affecting the parent/child relationship. The bill would also require a record to be made of all proceedings and hearing of all -- regarding custody proceedings for international child custody determinations. If a parent seeks to enforce a child custody ruling made in a foreign country or an order for the return of a child made under the Hague Convention. The court has the option to place the child with a parent or family member so long as that person has significant ties to the jurisdiction of the court. If no parent or family member has such ties, the court would then deliver the child to the Department of Family and Protective Services in a manner provided for the return of the missing child. With that, Mr. President, I move to suspend the regular order of business to take up and consider Senate Bill 1409.

SENATOR ELTIFE: Senator Uresti moves suspension of the regular order of business to take up and consider Committee Substitute SB1490. Is there objection? Chair hears none, rules are suspended. Chair lays out on second reading SB1490. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB1490 relating to the recording of proceedings and the issuance of a warrant to take physical custody of a child in certain suits affecting the parent/child relationship.

SENATOR ELTIFE: Senator Uresti is recognized for a motion.

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

SENATOR ELTIFE: Senator Uresti moves passage to engrossment. Is there objection? Chair hears none, Committee Substitute SB1490 is passed to engrossment. Senator Uresti is now recognized for a motion to suspend the constitutional three day rule.

SENATOR WHITMIRE: So moved, Mr. President.

SENATOR ELTIFE: Secretary, please call the roll.

SENATOR ELTIFE: 30 ayes, one nay, the rule is suspended. Chair lays out on third reading and final passage Committee Substitute SB1490. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB1490 relating to recording of proceedings and the issuance of a warrant to take physical custody of a child in certain suits affecting a parent child relationship.

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

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

SENATOR ELTIFE: Senator Uresti mow moves final passage of Committee Substitute SB1490. The secretary will call the roll.

SENATOR ELTIFE: 31 ayes, zero nays, Committee Substitute SB1490 is finally passed. Congratulations, Senator Uresti.

SENATOR WHITMIRE: Thank you, Mr. President.

SENATOR ELTIFE: Senator West, you wish to be recognized? Senator West is now recognized for a motion to suspended the Senate's regular order of business to take up and consider SB694.

SENATOR ROYCE WEST: Mr. President and members, I move to suspend the Senate's regular order of business to take up and consider at this time Committee Substitute to Senate Bill 694. Members, we've been working on this issue, you all well know that the stealing copper and other precious metals and then selling them at recycling yards has been a big issue throughout the state of Texas. And what this particular bill does is deals with an issue -- deals with this particular issue. We filed in 2007 Senate Bill 742 that created a statewide electronic database that reported the purchase of regulated metals that is run by a DPS. Prior to that it was about 363 metal recyclers that were identified. To date we've identified about 2400. So what this bill does is compels registration both with the DPS and local jurisdictions where there's an ordinance in place. Those recycling entities failing to comply can pick up a fine of $1,000 per day to restrict cash payments for the sale of items containing regulated metals by unregistered or unlicensed metal yards. It adds language that restricts the sales and purchase of air-conditioning and related HVAC parts to professionals and those with proof of ownership. I move suspension of the regular order of business.

LT. GOVERNOR DEWHURST: Thank you, Senator West. You've heard the motion by Senator West. Is there objection? The Chair hears no objection, and the rules are suspended. Chair lays out on second reading. Committee Substitute to Senate Bill 694. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 694 relating to regulation of recycling entities.

LT. GOVERNOR DEWHURST: Chair lays out Floor Amendment No. 1 by Senator West. Secretary will read the amendment.

PATSY SPAW: Floor Amendment No. 1 by West.

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

SENATOR WEST: Thank you, very much, Mr. President. Amendment 1 would require a digital photo recording of the seller and items during the transaction involving an item containing regulated metals. It leaves the language requiring documentation of the purchase of burn utility, electrical and communication wires. It adds language to require proper identification by DPS and local regulatory enforcement personnel who perform duties at the metal yard and it deletes language requiring the metal yards to maintain a representative sample of the regulated items in exchange for retention of the digital photos of videoed transactions. I move adoption of the amendment.

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

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

LT. GOVERNOR DEWHURST: Members, you heard the motion by Senator West. Is there objection from any member? Chair hears no objection, and Committee Substitute to Senate Bill 694 passes to engrossment. Chair recognizes Senator West for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR WEST: So moved.

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

LT. GOVERNOR DEWHURST: There being 30 ayes and one nay, the rule is suspended. Chair lays out on third reading and final passage Committee Substitute to Senate Bill 694 as amended. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 694 relating to regulation of metal recycling entities.

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

SENATOR WEST: Mr. President, at this time I move final passage of Committee Substitute Senate Bill 694 as amended.

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

LT. GOVERNOR DEWHURST: There being 31 ayes and no nays, a Committee Substitute to Senate Bill 694 as amended is finally passed. Members, you may be interested. Here are four Senate bills that have passed the Senate and passed the House. The Chair announces the signing of the following. They're on their way to the governor.

PATSY SPAW: Senate Bill 582, Senate Bill 351, Senate Bill 37, and Senate Bill 24.

LT. GOVERNOR DEWHURST: Is Senator Davis here? The Chair recognizes Senator Davis for a motion to suspend the Senate's regular order of business to take up and consider Senate Bill 746.

SENATOR DAVIS: Thank you, Mr. President. I move to suspend the Senate's regular order of business to take up and consider Senate Bill 746. Members, Senate Bill 746 requires that at least one member of the 17 member Governor's Continuing Advisory Committee for Special Education be a director of a special education program in Texas public schools. Having a special education director would provide well rounded input to the service, requirements and challenges facing students with disabilities and how the application of current and new policies for these students can or should practically be provided. A person who is a special education director is the best person with access to health state, local and federal and occupational standards correlate with one another in providing services to special education students. Mr. President, I move to suspend the regular order of business.

LT. GOVERNOR DEWHURST: Thank you, Senator Davis. Members, you heard the motion by Senator Davis, is there objection from any member? Chair hears no objection, and the rule is suspended. Chair lays out on second reading Senate Bill 746. The secretary will read the caption.

PATSY SPAW: Senate Bill 746 relating to membership of the state continuing advisory committee for special education services.

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

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

LT. GOVERNOR DEWHURST: Members, you heard the motion by Senator Davis. Is there objection from any member? Chair hears none and Senate Bill 746 passes to engrossment. Chair recognizes Senator Davis for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR DAVIS: So moved, Mr. President.

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

LT. GOVERNOR DEWHURST: There being 30 ayes and one nay, the rule is suspended. Chair lays out on third reading and final passage Senate Bill 746. The secretary will read the caption.

PATSY SPAW: Senate Bill 746 relating to membership for the continuing state advisory committee for the state education services.

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

SENATOR DAVIS: Thank you Mr. President. I move final passage on Senate Bill 746.

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

LT. GOVERNOR DEWHURST: There being 31 ayes and no nays, Senate Bill 746 is finally passed.

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

LT. GOVERNOR DEWHURST: Senator Shapiro. 202. The Chair recognizes Senator Shapiro for a motion to suspend the Senate's regular order of business to take up and consider Committee Substitute to Senate Bill 202.

SENATOR SHAPIRO: Thank you very much, Mr. President and members. I move to suspend the Senate's regular order of business to take up Committee Substitute to Senate Bill 202 at this time. This bill creates a new process for fiscal notes. The author of legislation in the House and the Senate with an expenditure or a bill that will create a diversion of state funds in concert with the LBB will create what we're calling performance benchmarks that after two sessions will be reviewed as to the successfulness of its goals. It will be up to the legislature after these two sessions to decide if the program continues to be funded. I move suspension of the Senate's regular order of business at this time.

LT. GOVERNOR DEWHURST: Members, you heard the motion by Senator Shapiro. Is there objection from any member? Chair hears no objection, and the rule is suspended. Chair lays out on second reading Committee Substitute to Senate Bill 202. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 202 relating to achievement benchmarks and fiscal notes and to legislative review of those benchmarks.

LT. GOVERNOR DEWHURST: Thank you, Madam Secretary. Chair lays out Floor Amendment No. 1 by Senator Ellis. The secretary will read the caption.

PATSY SPAW: Floor Amendment No. 1 by Ellis.

LT. GOVERNOR DEWHURST: Chairs recognizes Senator Ellis to explain the amendment.

SENATOR ELLIS: Mr. President and members, Senator Shapiro has a great bill and I want to add a simple amendment to it which I believe is acceptable.

SENATOR SHAPIRO: I'm sorry, there's no amendment on my desk.

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

SENATOR SHAPIRO: I'm sorry, I don't have the amendment.

SENATOR ELLIS: Okay, I think she has it. Yeah, I think other members have it. What this amendment does is simply add tax preferences and discounts to the bill to be regularly evaluated in the same manner. Members, we have numerous tax expenditures in our code that have remained there for years. Sometimes their usefulness is no longer significant. Sometimes there's tax breaks hidden in a tax code, the state loses billions of dollars in revenue from costly expenditures that provide no economic benefit. All this does is say going forward as you are doing under your bill, we're going to review tax breaks as well. Unfortunately, the caption is not broad enough to go back and hit some of the tax brackets that we already have in the tax code to give away billions. I have a little something something for that coming up later, but this is just going forward saying that we use the same process to review any tax breaks that somebody passes in the future.

SENATOR SHAPIRO: And it is absolutely acceptable and I appreciate you making a good bill even better.

SENATOR ELLIS: Thank you. Glad to vote for it. I move adoption.

LT. GOVERNOR DEWHURST: Members, Senator Ellis moves adoption of Floor Amendment No. 1. It's acceptable to the author.

SENATOR SHAPIRO: Yes, it is.

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

SENATOR SHAPIRO: Thank you, Mr. President and members. I move passage to engrossment of Committee Substitute Senate Bill 202 at this time as amended.

LT. GOVERNOR DEWHURST: Thank you, Senator. Members, you heard the motion by Senator Shapiro. Is there objection from any member? Chair hears no objection and a Committee Substitute to Senate Bill 202 as amended passes to engrossment. Chair recognizes Senator Shapiro for a motion to suspended the constitutional rule that bills be read on three several days.

SENATOR SHAPIRO: So moved.

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

LT. GOVERNOR DEWHURST: There being 28 ayes and three nays, the rule is suspended. Chair lays out on third reading and final passage Committee Substitute to Senate Bill 202 as amended. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 202 relating to achievement, benchmarks and fiscal notes.

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

SENATOR SHAPIRO: Thank you very much, Mr. President. I move final passage of Committee Substitute to Senate Bill 202 as amended.

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

LT. GOVERNOR DEWHURST: There being 29 ayes and two nays, Committee Substitute to Senate Bill 202 as amended is finally passed.

SENATOR SHAPIRO: Thank you very much, Mr. President.

LT. GOVERNOR DEWHURST: Thank you. Senator Van de Putte, may I talk to you for just one minute? Thank you, members. I was discussing with Senator Van de Putte a bill that she's going to hold for a day. Members, the president's desk is clear. Are there announcements? Members, the president's desk is clear, are there announcements? Chair recognizes Senator Eltife for an announcement.

SENATOR ELTIFE: Thank you, Mr. President and members. Mr. President and members, the Senate committee on administration will meet today in E1.004. That's the auditorium. At 3:00 p.m. to consider posted bills, at 3:00 p.m. Mr. President and members, I'd also like to give notice that the local and uncontested calendar session will be held Thursday April 14th at 8:00 a.m., a copy of the certified calendar has been furnished to each of you. The bills and resolutions which will be considered on second and third reading in the order listed. Also the deadline to turn in bills to have them considered for the next week's local and uncontested calendar is this Thursday April 14th at noon. Thank you, Mr. President and members.

LT. GOVERNOR DEWHURST: Thank you, Senator Eltife. Members are there any additional announcements? Chair recognizes Senator Harris for an announcement.

SENATOR HARRIS: Thank you, Mr. President. I just want to remind the members of jurisprudence we'll meet at 1:30 in the Betty King Room.

LT. GOVERNOR DEWHURST: Thank you, Senator Harris. Chair recognizes Senator Shapiro for an announcement.

SENATOR SHAPIRO: Yes, thank you, Mr. President and members. I move to suspend the Senate rules 11.10 and 11.18 so that the Senate Committee on Education can meet upon adjournment at my desk to vote out the following pending bills: Senate Bill 866 by Deuell, Senate Bill 1113 by Wentworth, Senate Bill 1543 by Wentworth, Senate Bill 1619 by Duncan and Senate Bill 3 by Shapiro.

LT. GOVERNOR DEWHURST: Thank you, Senator Shapiro. Members, you heard the motion by Senator Shapiro to suspend the Senate rues 11.10, 11.18 so that the education committee can meet at her desk after adjournment to pass out pending legislation. Is there objection from any had been? Chair hears no objection and the motion, the rues is suspended. Chair recognizes Senator Duncan for an announcement.

SENATOR DUNCAN: Thank you, Mr. President and members. I also move to suspend the 24-hour posting rule in accordance with Senate rules 11.10, 11.18 in order for the Senate State Affairs Committee to meet upon adjournment at my desk to vote on the following bills: Senate Bill 1565 by Senator Ellis and House Bill by Senator Patrick.

LT. GOVERNOR DEWHURST: Thank you, Senator Duncan. Members, you heard the motion by Senator Duncan to suspend the Senate rules 11.10 and 11.18 so that State Affairs can meet at his desk following adjournment. Is there objection from any member? Chair hears no objection from any member and the rues are suspended. Chair recognizes Senator Deuell for an announcement.

SENATOR DEUELL: Thank you, Mr. President and members. The Senate finance subcommittee on Medicaid will meet upon recess of the finance committee in the Senate chamber. This is to take up and consider Senate Bill 23 by Nelson.

LT. GOVERNOR DEWHURST: Thank you, Senator Deuell. Chair recognizes Senator Fraser for an announcement. Senator Fraser for an announcement.

SENATOR FRASER: Thank you, Mr. President. Senate Committee on Natural Resources will go back in at 12:40 in the extension.

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

SENATOR CARONA: Thank you, Mr. President. Members, I move to suspend the Senate rule 11.10 and 11.18 so that the Senate Business and Commerce Committee can vote on our pending business heard earlier today. We will meet 30 minutes upon adjournment in room E1028. We'll just be there to take a vote promptly in minutes, and then you'll be able to go on to other business.

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

SENATOR WILLIAMS: Thank you, Mr. President. Members, Senator Ogden asked me to announce that the Senate finance committee will convene at 2:00 p.m. in the Senate finance committee room. 2:00 p.m. Senate finance.

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

SENATOR LUCIO: Thank you, Mr. President. Members, I would like to remind you that tomorrow will be Texas Bow Tie Day here at the Texas Capitol. It only took me wearing a bow tie every Wednesday for 18 years, Senator Shapiro, to make it official. Yesterday, you should have received in your office a purple bow tie for you to wear tomorrow to show your support for Cancer Research Survivorship and to celebrate the bipartisanship spirit in Texas. There will be a Senate resolution with some special floor guests and a reception at the Driscoll tomorrow, Driscoll Hotel tomorrow night where you and your staff are invited to attend. I hope all of you can join us and show your support for this great cause. By the way, the reason it's purple is because we blended the colors red and blue and it came out a beautiful purple showing bipartisanship, Democrats and Republicans, may they long live. Thank you.

LT. GOVERNOR DEWHURST: Well said. Chair recognizes Senator Huffman for an announcement.

SENATOR HUFFMAN: Thank you, Mr. President. Members, the criminal justice committee will met at 1:30 p.m. today in room E1.016. Thank you.

LT. GOVERNOR DEWHURST: Thank you, Senator. The Chair recognizes Senator Eltife for a highly privileged motion.

SENATOR ELTIFE: Thank you, Mr. President and members. I move that the Senate adjourn until 11:00 a.m. tomorrow.

LT. GOVERNOR DEWHURST: Members, you've heard the motion by Senator Eltife. Is there objection from any member? The Chair hears no objection the Senate will stand adjourned until 11:00 a.m. tomorrow April 13th.

(Adjourned.)