Senate Transcript, April 14, 2011

SENATOR HUFFMAN: 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 HUFFMAN: A quorum is present. Would all on the floor and in the gallery please rise for the invocation to be delivered by Reverend Dashard Freeman from the Abundant Life Church of Flyingerville.

PASTOR: Good morning. Let us pray. Most Holy and Righteous God, we are grateful for this day of blessings and the new mercies bestowed upon us. Thank You, God, for this day that we've never seen before but has been coming ever since the beginning of time. Lord, before I ask You for anything, it is our desire to thank You for everything. For every good perfect gift from You. Now, Father, I pray that Your awesome presence would fill these halls as we stand on the floor of great decisions. I pray for each and every person that You have allowed to have power and influence to impact others' lives. Jehovah God, please endow each person with compassionate hearts, listening ears and wisdom that only You can give. Lord, I pray for a spirit of unity and productivity in this place and in all things that your Perfect will be done. It is in the matchless name of Jesus the Christ that I pray and ask all these things. Amen. And thank God.

SENATOR HUFFMAN: Thank you, Reverend. Gallery, you may be seated. Members, Senator Whitmire moves to dispense with the reading of yesterday's journal. Is there objection? The Chair hears none, and so ordered. Chair recognizes Senator West for an introduction.

SENATOR WEST: I'd ask that Mr. Sanders and Mr. Wallace come on to the floor of the Senate. Members, I know that some of our members are still in finance and I know that -- we know what job they're doing but I want to make certain that we have the opportunity today to congratulate Deon Sanders who has been inducted on the first ballot to the Hall of Fame, NFL's football player's Hall of Fame. I know him, many of us know him as prime time. We know him as Deon Sanders, but I know him as the truth and let me tell you what I mean by that. Here's a man that has been at the pinnacle of his profession, be it baseball or football, been in the World Series, been to the Super Bowl, he has taken what God has provided him and is using the platform that he's been blessed with to continue to do something that he started early in his life. That is making certain that the youth of this country -- notice I said country, not just Texas, are given an opportunity to -- if they want to be professional athletes, give them an opportunity to go to college but also to get an education. And it's with that that I am proud to present Deon Sanders today and Mr. DL Wallace. It's just like many of us, Senator Harris, that have friends that we have been friends with for a long time, they have been friends for a long time. Deon can start a sentence, and DL can finish the sentence, that's how long they've been friends. But it's this relationship right here that I wanted to make certain that we stop a few moments to say thank you, Mr. Sanders, for everything that you have done in the past. We congratulate you on being inducted on the first ballot to the Hall of Fame, look forward to being there with you. And we also -- members are coming in right now -- we also want to make certain that the state of Texas, the things that you're doing as it relates to the youth, it's something that we always articulate on this floor, and we look forward to working with you any way that we can. Members, I'd like for us to welcome Mr. Deon "Primetime Truth" Sanders to the Texas Senate.

SENATOR HUFFMAN: The Chair recognizes Senator Wentworth to introduce the doctor of the day.

SENATOR WENTWORTH: Thank you, Madam President. Madam President and members, it's may privilege to introduce our doctor of the day Dr. Monique Cortez. Originally from Corpus Christi, Dr. Cortez earned her bachelor's degree from the University of Texas at Austin, then attended medical school at the University of Texas Health Science Center in Houston. After completing a residency in family practice with the McLendon County Medical Education and Research Foundation in Waco, Dr. Cortez returned to Austin and is currently part of the Austin Regional Clinic. A runner and century cyclist, Dr. Cortez is also a volunteer fundraiser for Blue Dog Rescue, a local nonprofit that works to find permanent homes for homeless dogs in central Texas. Members, this is Dr. Cortez's first time being the doctor of the day so I'd ask you to be on really good behavior so that we'll have her back in the future. Please help me join me in helping welcome her to the Texas Senate.

SENATOR HUFFMAN: Mr. Doorkeeper.

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

SENATOR HUFFMAN: Admit the messenger.

MESSENGER: Madam President, I'm directed by the House to inform the Senate that the House has taken the following actions. The House has passed the following measures: HB364 by Turner relating to condominiums certain municipalities including --

SENATOR HUFFMAN: Thank you. Following message from the governor. Secretary will 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 appointments. To be members of the Texas School Safety Center Board: Amy LC Clapper, Georgetown; Ruben G. Rayak, Lubbock; Karl A. Montoya, Brownsville; Adalaide Layla (inaudible), Austin; James R. Pendell, Clint. To be a member of the Executive Council of Physical Therapy and Occupational Therapy Examiners: Arthur Roger Matson, Georgestown. To be judge of the 128th Judicial District Court, Orange County, Courtney Burch Arkin, Orange. Respectfully submitted, Rick Perry governor of Texas. To nominations. On January 19th, 2011, I submitted the name of Bob McCain for appointment to the Coastal Coordination Council. Because he resigned, I hereby withdraw his nomination and request that the Senate return that appointment to me. Respectfully submitted, Rick Perry.

SENATOR HUFFMAN: The Chair recognizes Senator Lucio for an introduction.

SENATOR LUCIO: Thank you, Madam President. Members, I want to introduce a special young man who is assisting us here in the Senate floor today. Clark Garcia is a third grader in Hill Elementary here in Austin, Texas. He is nine years old, and he's a very active young man. He enjoys baseball, hunting, fishing and is an avid surfer. I would like to add that Clark has strong ties with the Texas legislature. His father is TCEQ Commissioner Buddy Garcia, who's also my former chief of staff and who is joining us here on the Senate floor. Members, help me welcome this great young Texan to the Senate chamber. Right here.

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

PATSY SPAW: Senate Resolution 771 declaring April 14th, 2011, as Willicy County Day at the State Capitol. By Lucio.

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

SENATOR LUCIO: Thank you, Madam President. Members, today I am pleased to welcome residents and representatives from Willicy County from my district. Willicy County and the county seat Raymondsville were both founded in 1911 and are celebrating their centennial year. Since then Willicy County and Raymondville has prospered in the diverse economy we have today. Named after state Senator John Willicy, the county brims with ranches, coastal plains and beaches, making it a haven for wildlife. Through careful stewardship Willicy has -- is becoming a leader in our eco-tourism destination. Willicy is also an important center for commerce and industry in my district. Oil, agriculture and transnational trade all being important economic engines of the region. Joining us on the Senate floor, members, here today are some of Willicy County's fine citizens and leaders. First -- and if you would step forward a little bit, I know you don't have much room there. Willicy County Judge John F. Gonzales, county commissioner, precinct one; Alaberto Geara, county commissioner, precint two; (inaudible), county commissioner, precinct three; county commissioner precinct four Dora Perez, and a very fine sheriff, county sheriff Larry Spence. At this time I would like to turn your attention to the north section of the gallery where the remainder of the Willicy County delegation is seated. Please rise, citizens of Willicy County, I would like to extend my many thanks to the citizens and elected officials that are here with us today. I would especially like to say hello to Raymondville Mayor (inaudible) in addition to our county judges, constables and police chief. Your work has been vital to our communities' growth. And again, members, please join me once again in welcoming the outstanding county of Willicy County here as I move adoption for Senate Resolution 771. Thank you.

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

LT. GOVERNOR DEWHURST: The Chair signs in the presence of the Senate the following, two Senate bills.

PATSY SPAW: Senate Bill 716 and Senate Bill 312.

LT. GOVERNOR DEWHURST: Members, I'm going to ask you if you would please take your seats. We're going to start the Former Members Day to go ahead and honor our former members and -- the Chair recognizes Senator Whitmire.

SENATOR WHITMIRE: Thank you, Mr. President and members. Today, members, is Former Members Day, a special day that we set aside to recognize the service of those who came before us and to acknowledge their commitment they made to their state and Senate. It's my distinct privilege to introduce former lieutenant governors and former senators who honor us with their presence. The members will be introduced in alphabetical order including their hometown during their Senate service and the period of service. Mr. President and members, it's my honor to recognize the Honorable William P. Hobby from Houston who was our lieutenant governor from 1973 to 1991. The Honorable Bill Radcliffe from Mount Pleasant who served as lieutenant governor from 2000 to 2003. The Honorable Don Adams from Jasper, state Senator from 1973 to 1977. The Honorable Kip Abrit from McClendon County, state Senator from 2002 to 2010. The Honorable Gonsalo (inaudible) yentoes from Austin, a state Senator from 1985 to 2007. The Honorable Kim Briner for Tarrant County, a state Senator from 2003 to 2009. The Honorable Chet Brooks also a former Dean of the Senate from Pasadena, from 1967 to 1993. The Honorable J.E. Buster Brown from Lake Jackson, state Senator from 1981 to 2002. The Honorable David Cane from Dallas, state Senator from 1995 to 2003. The Honorable Galway Calhoun, Jr., from Tyler, a state Senator from 1961 to 1967. The Honorable Ray Farraby from Wichita Falls, state Senator from 1975 to 1988. The Honorable Michael Galloway from the Woodlands, a state Senator from 1995 to 1999. The Honorable Bill Haley from Center, state Senator from 1989 to 1995. The Honorable Kent Hanes from Lubbock, a state Senator from 1975 to 1979. The Honorable OH Ike Harris from Dallas, also a former Dean of the Senate, a state Senator from 1967 to 1995. The Honorable Don Henderson from Houston, state Senator from 1983 to 1997. The Honorable Jack Hightower from Vernon, state Senator from 1965 to 1975. The Honorable Kyle Genick from Harris County, state Senator from 2002 to 2008. The Honorable Cindy Cryer from San Antonio, a state Senator from 1985 to 1993. The Honorable John Lindsey from Houston, state Senator from 1997 to 2007. The Honorable John T. Munford from Lubbock, state Senator from 1983 to 1996. The Honorable Jack Ogg from Houston, a state Senator from 1973 to 1983. The Honorable A. R. Bob Swartz from Galveston, state Senator from 1960 to 1981. The Honorable Dan Shelly from Crosby, state Senator from 1993 to 1995. The Honorable Mac Sherman from Amarillo, a Senator from 1971 to 1977. The Honorable Bill Simms from Paint Rock, a state Senator from 1983 to 1997. The Honorable W. E. Peach Nelson from Midland, a state Senator from 1965 to 1983. The Honorable Jack Strong from Longview, a state Senator from 1963 to 1971. The Honorable Jim Turner from Crockett, a state Senator from 1991 to 1997. The Honorable Carlos Truon, Corpus Christi, former Dean of the state Senate and he was in this body from 1977 to 2003. The Honorable Jim Wallace from Houston, state Senator from 1971 to 1974. The Honorable Craig B. Washington from Houston, state Senator from 1985 to 1990. The Honorable Merry Watson from Mart, state Senator from 1963 to 1973. Members, a couple of special people that have served this body so honorably and dedication, Charles Snable, the youngest elected secretary of the Senate and second longest secretary of the Senate Charles Snable. And next one of the most special people to ever serve this body Betty King, the longest secretary of the Senate in Texas history. Mr. President, that concludes the list, and I yield to the Chair.

LT. GOVERNOR DEWHURST: The Chair recognizes Senator Eltife to acknowledge the book of remembrance and to read the names of the former members who passed away during the interim.

SENATOR ELTIFE: Thank you, Mr. President and members. Members, the Texas Senate is a special institution rich in history and tradition and service in the Texas Senate makes one part of that great institution and indeed part of Texas history. Service, tradition, history, all so very important to this body. And we are honored by the presence of our former members today. Because of our respect and love for each other, Senate tradition on Former Senators Reunion Day calls for remembering and honoring those former members who have died during the interim and for publicly reading their names into the Senate record. Members, on your desk you will find a memorial booklet prepared in honor of those four former colleagues and friends. In alphabetical order they are: Senator Miles T. Bivens, Texas Senator 1989 to 2004. Senator Donnelly C. Don Kinard, Texas Senator 1963 to 1973. Senator Charles Nesbitt "Charlie" Wilson, Texas Senator 1967 to 1973. And Senator James Powell "J.P." Ward, Texas Senator 1963 to 1973. Statesman, public servants, Texas senators. Dean Whitmire, I ask that when the Senate adjourns today it do so in memory of these Senators who served so well the state they loved so much. Thank you, Mr. President and members.

LT. GOVERNOR DEWHURST: Well, said. The Chair recognizes Senator Ellis to make remarks about the first Senate in 1836 and make additional historical comments.

SENATOR ELLIS: Thank you, Governor and members. This is a special day, and Senator Fraser and I were joking that we hope that all of us who are currently serving in the Senate decide that we want to leave while we're still in our right mind as our distinguished former colleagues are today, and then Senator Fraser thought to himself based on some of the bills that we are considering, have some of us ever been in our right mind. But this is a very special day and we're lucky that so many of our former colleagues decided to come and be here today. Two sessions ago we unveiled a portrait of Betty King. It is interesting the standing ovation from current and former members was for a former secretary of the Senate, not for the distinguished lieutenant governors are here, that's probably because she's keeping some of those secrets for those members as well as secrets for some us of still serving here today. We also focused on other secretaries of the Senate when we did that booklet a couple of years ago and talked about it. We focused last session, Dean Whitmire, on former Deans of the Senate. It's interesting that we got four former living deans of the Senate here today. Senator Brooks, Chad Brooks, Ike Harris, Peach Nelson, and Carlos Truon. Today, as Governor Dewhurst mentioned, we're celebrating the 175th anniversary of Texas independence and the first Senate of Texas in 1836. A meeting of 14 senators, 14 senators who just months before had been engaged in a revolution for independence and was then faced with establishment of the government of a new country. On your desk, you ought to take a chance sometime today or over the weekend and just flip through this booklet and it talks about those first Texas senators and it also contains chapter one which is quite interesting, and it's entitled the Texas Senate Volume One Republic to Civil War from 1836 to 1861 and while you're thinking of the history of the Senate and honoring those brave Texians, as they were called in 1836, it occurred to me that we have a wealth of Senate history in this room today. Some of you were with me on Monday night this week when we roasted Representative Senfronia Thompson in quite an interesting event, and I stayed up late that night and then called Patsy Spaw to help me pull up a little bit of history, a little trivia that you might find interesting about our Senate. Senator (inaudible) Aiken is the longest serving legislator in Texas history, 46 years. And during that time he missed fewer than three days, Senator Zaffirini, and he never allowed a Sunday Senate session for those 46 years. Former speaker Tom Craddock served 44 years at the conclusion of his current term, making him the second longest serving legislator in Texas history and all of his service has been in the Texas House. Senator Dole Willis is the third longest serving legislator having served 42 years of combined Senate and House service. Paul Moreno, Representative Moreno is the fourth longest serving legislator in Texas history, serving a total of 40 years. Senator John Whitmire and Representative Senfronia Thompson will have served 40 years at the conclusion of the 86th legislature -- 82nd Legislature and will be tied with Representative Moreno for fourth place in legislative service, which means only three members in all of Texas history will have served longer than Dean Whitmire. That is hard to imagine. Don't you think so, John Whitmire? What is -- what's equally incredible is that some of our longest serving members, also contemporaries for us, at least five of the six longest serving legislators of folks that most of us in this room work with and a good number of us in this room serve with. I'd be remiss if I didn't point out I have my own place in Texas history. I have the distinction of serving the shortest service as lieutenant governor of Texas. Seven days, seven hours, 31 minutes. But then again, who's counting? Governor Bush became president, and Lieutenant Governor Perry automatically became governor prior to the election. We had to pick one of our members, as you recall, to become lieutenant governor. Now, don't get the bug head, Senator Jackson, because you're next in line as president pro-tem of the Senate. So that means in the event the current presiding officer of the Senate becomes a member of the United States Senate, if fate should have it, go in that direction, you will end up being president pro-Tem of the Senate. We put a little procedure into place so it might take you seven days, seven hours and 31 minutes to figure out which one of us will be presiding office of the Senate. In that 2000 election to pick one of our own we chose Bill Radcliffe, and for those of you who were here, current and former members, it was a historic first time that we picked a lieutenant governor under new constitutional guidelines providing for the election of one of us to be lieutenant governor. If we kept some of the previous rules, I would have had it for a little longer, but history didn't work out that way. Speaking of history and lieutenant governors, we are especially honored today to have the longest serving lieutenant governor in Texas history with us today, Governor Bill Hobbie, who I started my political career working for. I didn't get in trouble on prom night in 1972 because I was hanging up signs that said Bill Hobbie will make a good lieutenant governor, honestly. Governor Hobbie has been quoted as saying that the history of the Senate is the history of Texas. I want to include in that statement that the history of the Hobbie family is also the history of Texas. Governor Hobbie's grandfather Edwin Hobbie was a member of the Texas Senate from 1873 to 1879. His father William P. Hobbie was lieutenant governor from 1914 to 1919, women got the right to vote while he was lieutenant governor. Prior to becoming governor, after serving as lieutenant governor, Governor Hobbie served as lieutenant governor from '73 until '91, presided over sessions and served with 79 senators and that doesn't include service to Texas by his mother as well as his son and other members of the Hobbie family. Additionally, we have the two longest serving secretaries of the Senate with us today, Betty King, longest serving from '77 to 2001, 24 years; and Charles Snell is the second longest serving secretary of the Senate, 22, years from 1955 until 1977. I have no idea of the total number of years of combined service of the former members of the Senate and current members of the Senate who are here today. But I do know this, who would have thought when those 14 senators organized the Republic of Texas that we'd still be here operating effectively, operating strong and the envy of the rest of the country after all these years? We should all be proud to be members of this institution. God bless all of you for coming, and God bless the great state of Texas. Thank you.

LT. GOVERNOR DEWHURST: Very well said, Senator. The Chair recognizes Senator Whitmire for closing comments. And John, you don't look 87 years old, you really look good.

SENATOR WHITMIRE: Thank you. Thank you, Mr. President. And thank you, Senator Ellis, for your historical remarks. You know, it is amazing that someone as young as I am with as active a life as I have to be the fourth longest serving and I can only attribute it to good clean living that some of these gentlemen over there taught me by being a role model, particularly Ike Harris. Ike, you really trained us well. I'm following in your footsteps. You know, seriously, as we conclude on behalf of the Senate, I would like to personally thank each of you, our honored guests, for the service to the Senate and the service to the state of Texas. As we all know, the Texas Senate is a special and unique institution where lasting friendships are treasured, though political philosophies remain separate. Where joy and sorrow experienced by one are shared by all. Where when torn by divergent views on pressing issues, we are all unified by our love of our state. The House calls us clubby, I call us family. So I'd welcome our family members home. Now, Mr. President, I would ask that the Senate stand at ease for 15 minutes pending the departure of our honored guests so we can personally greet our friends.

LT. GOVERNOR DEWHURST: Thank you, Dean. I just want to say personally that, to Governor Hobbie, to Governor Ratliffe, Senators, Betty, Charles, you honor us by being here today. Thank you very much. The Senate will stand at ease for 15 minutes.

(At ease.)

SENATOR ELTIFE: Senate will come to order. Chair lays out the following resolution. Secretary read the resolution.

PATSY SPAW: Senate Resolution 653. Whereas, the Senate of the state of Texas is pleased ed to welcome the members of the delegation from the Crockett Area Chamber of Commerce and to recognize April 14th, 2011, as Houston County Day at the Capitol; and whereas, created in 1837 and named for Sam Houston, Houston County was the first county in the Republic of Texas and sits in the heart of the El Camino Rial. Its County seat, Crockett, was named in 1837 after David Crockett who camped in the vicinity on his way to the Alamo in 1836. And whereas, the county's attractions included Houston County Fair, the Bluegrass Festival, the Houston County Museum, which is housed in the 1909 Crockett Railroad Depot, the Rice Log Cabin and Monroe Crook House. The county's David Crockett National Forest is the largest national forest in the state; and whereas the Crockett Area Chamber of Commerce strives to advance the civic, commercial and industrial opportunities in the county, and focuses on having a positive impact on the general welfare of the county and its residents. Its members are leaders in the community who seek solutions to a wide variety of issues and who assist new businesses that move into the county. And whereas, the Chamber of Commerce encourages its members to participate in activities that contribute to the quality of life and future growth of Houston County and area residents take pride in their county's rich history and its many assets. Now, therefore be it resolved that the Senate of the state of Texas 82nd Legislature hereby express appreciation to the people of Houston County for preserving their county's charm and many amenities in the face of its growth and extend best wishes to all for a memorable Houston County Day at the Capitol. By Ogden and Nichols.

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

SENATOR NICHOLS: Thank you, Mr. President. Good morning, it's my pleasure to welcome the Crockett Area Chamber of Commerce to the Senate gallery today. Senator Ogden apologizes, he's working on something very dear to all our hearts, the budget, but would you would please stand so we can recognize you and all your hard work of Houston County. On the west side of the gallery we also have the County judge Lonny Hunt with us and our former state Senator and U.S. Congressman Jim Turner is here that we recognized earlier. Members, please help me welcome the Houston area -- Houston Area County Chamber of Commerce. Move adoption of the resolution.

SENATOR ELTIFE: Thank you, Senator Nichols. Is there objection to the adoption of the resolution? Chair hears none, resolution is adopted. Welcome to the Texas Senate. Senator Lucio is recognized for an introduction.

SENATOR LUCIO: Thank you, Mr. President. Members, the Texas Media Awards promote excellence in amateur media production and it's important lifelong learning. Since 1988 it had been an annual statewide event to school age Texas residents. Students compete in a variety of media divisions from ranging from color photos, black and white photography, graphic design, web design, video recording and multimedia presentation. Students with winning entries receive awards at the Texas Media Awards program during the Texas Library Association annual conference. This is the first year Sherryland -- Sherryland ISD participated and had three state winners. With us here, and I'm going to ask them stand up in the east gallery is David Julian Janville from (inaudible), Elementary, received honorable mention in the color photography division for the Sky is the Limit; Sophia Garza from Benson Elementary received honorable mention in the color photography division for Just a Little More; and Clarissa (inaudible), Benson Elementary received honorable mention in the black and white photography division for Priceless Moment. They attended the awards ceremony in Austin on April the 13th, a total of 16 students from Benson Elementary and two students from Woerneck Elementary participated in this competition. Also present in the gallery are parents and school sponsors, I'll ask them to rise. Let's give them a Texas welcome.

SENATOR ELTIFE: Members, if there are no objections, I would like to postpone the reading and referral of bills until the end of today's session. Is there objection? Chair hears none, the reading and referral is postponed. Thank you, members. Members, that concludes the morning call. Senator Whitmire moves to excuse Senator Williams on matters of important business. Is there objection? Chair hears none, so ordered. Thank you, members. Senator Wentworth is recognized for a motion to suspend the regular order of business on Committee Substitute SB916.

SENATOR WENTWORTH: Thank you, Mr. President. I do move to suspend the regular order of business to take up and consider Committee Substitute for Senate Bill 916. Members, this is the bill we passed unanimously on second reading yesterday relating to ad valorem tax lien transfers. I move to suspend.

SENATOR ELTIFE: Senator Wentworth moves suspension of the regular order of business to take up and consider Committee Substitute SB916. Is there objection? Chair hears none, rules are suspended. Chair lays out on third reading and final passage Committee Substitute SB916. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 916 relating to ad valorem tax lien transfers.

SENATOR ELTIFE: Senator Wentworth is recognized for a motion.

SENATOR WENTWORTH: Mr. President, I move final passage of the Committee Substitute for Senate Bill 916.

SENATOR ELTIFE: Senator Wentworth now moves final passage of Committee Substitute 916. Secretary, please call the roll.

SENATOR ELTIFE: 30 ayes, zero nays, Committee Substitute SB916 is finally passed. Congratulations, Senator Wentworth.

SENATOR WENTWORTH: Thank you, Mr. President.

SENATOR ELTIFE: Senator Davis is recognized for a motion to suspend the regular order of business on Committee Substitute SB1635.

SENATOR DAVIS: Thank you, Mr. President and members. I move to suspend the Senate's regular order of business to take up and consider Committee Substitute for Senate Bill 1635. Last session the legislature passed and the governor signed into law SB1940 a provision of the law creating an opportunity for an individual to make a voluntary contribution to the fund for veterans assistance via their vehicle registration. The Committee Substitute for Senate Bill 1635 clarifies the legislative intent to require the location of the notice to contribute must be on the same page as the total registration fee for all registrations expiring on or after January 12, 2012. It also allows for contributions to be made on the DMV's web site if a person chooses to renew their registration on line. At the request of the DMV language was added to make certain that if a person sends in the wrong payment amount when paying their fees plus a contribution, then the County tax assessor collector may credit any portion of the contribution fee to the registration amount owed. Mr. President, I move to suspend the regular order of business.

SENATOR ELTIFE: Senator Davis moves suspension of the regular order of business to take up and consider Committee Substitute SB1635. Is there objection? Chair hears none, rules are suspended. Chair lays out on second reading Committee Substitute SB1635. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB1635 relating to contributions to the fund for veteran's assistance.

SENATOR ELTIFE: Senator Davis recognized for a motion.

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

SENATOR ELTIFE: Senator Davis now moves passage to engrossment. Is there objection? Chair hears none, Committee Substitute SB1635 is passed to engrossment. Senator Davis is now recognized for a motion to suspend the constitutional three day rule.

SENATOR DAVIS: 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: 29 ayes, one nay, the rule is suspended. Chair lays out on third reading and final passage Committee Substitute SB1635. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB1635 relating to contributions to the fund for veteran's assistance.

SENATOR ELTIFE: Senator Davis recognized for a motion.

SENATOR DAVIS: Thank you, Mr. President. I move final passage of Committee Substitute to Senate Bill 1635.

SENATOR ELTIFE: Senator Davis now moves final passage of Committee Substitute SB1635. The secretary will call the roll.

SENATOR ELTIFE: 30 ayes, zero nays, Committee Substitute SB1635 is finally passed. Congratulations, Senator Davis.

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

SENATOR ELTIFE: Senator Davis is now recognized to suspend the regular order of business on Committee Substitute SB1739.

SENATOR DAVIS: Thank you, Mr. President and members. I move to suspend the Senate's regular order of business to take up and consider Committee Substitute for Senate Bill 1739. Members, the Committee Substitute for Senate Bill 1739 seeks to ensure the legislative intent of the fund for veteran's assistance by further clarifying that money located in the fund may only be appropriated to the Texas Veteran's Commission and that the money shall be used to make grants to address veteran's needs and to administer the fund. Mr. President, I move to suspend the regular order of business.

SENATOR ELTIFE: Senator Davis now moves suspension of the regular order of business to take up and consider Committee Substitute SB1739. Is there objection? Chair hears none, rules are suspended. Chair lays out on second reading Committee Substitute SB1739. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB1739 relating to the use of the fund for veteran's assistance.

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

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

SENATOR ELTIFE: Senator Davis now moves passage to engrossment. Is there objection? Chair hears none, Committee Substitute SB1739 is passed to engrossment. Senator Davis is now recognized for a motion to suspend the constitutional three cay rule.

SENATOR DAVIS: So moved, Mr. President.

SENATOR ELTIFE: The secretary will call the roll.

SENATOR ELTIFE: 29 ayes, one nay, the rule is suspended. Chair lays out on third reading and final passage Committee Substitute SB1739. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB1739 relating to contributions for veteran's assistance.

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

SENATOR DAVIS: Thank you, Mr. President. I move final passage of Committee Substitute SB1739.

SENATOR ELTIFE: Senator Davis moves final passage of Committee Substitute SB1739. Secretary, call the roll.

SENATOR ELTIFE: 30 ayes, one nay, Committee Substitute SB1739 is finally passed.

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

SENATOR ELTIFE: Senator Nelson's recognized for a motion to suspend the regular order of business on Committee Substitute SB797.

SENATOR NELSON: Thank you, Mr. President, I move to suspend the Senate's regular order of business to take up and consider the Committee Substitute to Senate Bill 797. Mr. President and members, the goal of Senate Bill 797 is to eliminate a potential conflict of interest in the process by which Medicaid clients are assessed for acute nursing needs by requiring assessments to be conducted by entities that are independent from the entities that will provide services. The Committee Substitute to Senate Bill 797 directs the Health and Human Services Commission to develop an objective assessment process for acute nursing services. It requires an independent entity to conduct these assessments, and it allows a provider who disagrees with the results of an independent assessment to appeal. Members, this bill ensures that providers are not providing more services than are appropriate. I move suspension.

SENATOR ELTIFE: Senator Nelson moves suspension of the regular order of business to take up and consider Committee Substitute SB797. Is there objection? Chair hears none, rules are suspended. Chair lays out on second reading Committee Substitute SB797. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 797 relating to objective assessment processes for an appropriate provision of acute nursing services.

SENATOR ELTIFE: Senator Nelson is recognized for a motion.

SENATOR NELSON: I move passage of Committee Substitute Senate Bill 797 to engrossment.

SENATOR ELTIFE: Senator Nelson moves passage to engrossment. Is there objection? Chair hears none, Committee Substitute SB797 is passed to engrossment. Senator Nelson is now recognized for a motion to suspend the constitutional three day rule.

SENATOR NELSON: Thank you. 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: 29 ayes, one nay, the rule is suspended. Chair lays out on third reading and final passage Committee Substitute SB797. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 797 relating to objective assessment processes for an appropriate provision of acute nursing services.

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

SENATOR NELSON: I move final passage of Committee Substitute to Senate Bill 797.

SENATOR ELTIFE: Senator Nelson now moves final passage of Committee Substitute SB797. The secretary will call the roll.

SENATOR ELTIFE: 29 ayes, one nay, Committee Substitute SB797 is finally passed. Congratulations, Senator Nelson.

SENATOR NELSON: Thank you, Mr. President.

SENATOR ELTIFE: Senator Shapiro is recognized for a motion to suspend the regular order of business on Committee Substitute SB162.

SENATOR SHAPIRO: Thank you very much, Mr. President. I move to suspend the Senate's regular order of business to take up Committee Substitute to Senate Bill 162. Members, this bill is a codification of the coordinating board rider 50. This item was also included in the introduced version of Senate Bill 1 as rider 52. Since the rider was put in the budget, there are nine institutions that currently participate in this program and over 3,000 students have served. The higher education coordinating board will be reviewing a statewide policy on developmental ed being delivered at our community colleges and I ask that we -- I move adoption -- sorry, I move that we suspend the Senate's regular order of business.

SENATOR ELTIFE: Senator Shapiro moves suspension of the regular order of business to take up and consider Committee Substitute SB162. Is there objection? Chair hears none, rules are suspended. Chair lays out on second reading Committee Substitute SB162. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 162 relating to developing of the developmental education plan for certain students.

SENATOR ELTIFE: Senator Shapiro for a motion.

SENATOR SHAPIRO: Thank you, Mr. President. I move passage to engrossment of Committee Substitute Senate Bill 162 at this time.

SENATOR ELTIFE: Senator Shapiro moves passage to engrossment. Is there objection? Chair hears none, Committee Substitute SB162 is passed to engrossment. Senator Shapiro is now recognized for a motion to suspend the constitutional three day rule.

SENATOR SHAPIRO: So moved.

SENATOR ELTIFE: The secretary will call the roll.

SENATOR ELTIFE: 29 ayes, one nay, the rule is suspended. Chair lays out on third reading and final passage Committee Substitute SB162. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 162 relating to developing a developmental education plan for certain students.

SENATOR ELTIFE: Senator Shapiro is recognized for a motion.

SENATOR SHAPIRO: Thank you, Mr. President and members. I move final passage of Committee Substitute to Senate Bill 162 at this time.

SENATOR ELTIFE: Senator Shapiro moves final passage of Committee Substitute SB162. The secretary will call the roll.

SENATOR ELTIFE: 30 ayes, one nay, Committee Substitute SB162 is finally passed. 30 ayes, no nays. Congratulations.

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

SENATOR ELTIFE: 1179, Senator Nelson. Senator Nelson is recognized for a motion to suspended the regular order of business on Committee Substitute SB1179.

SENATOR NELSON: Thank you, Mr. President. I do move to suspend the regular order of business to take up and consider the Committee Substitute for Senate Bill 1179. Mr. President and members, the goal of the Committee Substitute to Senate Bill 1179 is to eliminate obsolete and redundant reports required of our state agencies and institutions of higher education. This bill is the result of a comprehensive review by the State Library and Archives Commission this interim which focused on whether or not recipients of the reports still found them useful. Members, this bill ensures that our limited state resources are focused on providing information that is still useful and relevant to the governor, legislature and public. I would show you the required reports that they came up with that are now either obsolete or redundant, I'm sure everybody's looked through these and agree that these are obsolete and redundant and we could save a lot of trees by no longer requiring them. So, Mr. President, having said that, I do move suspension.

SENATOR ELTIFE: Senator Nelson now moves suspension of the regular order of business to take up and consider Committee Substitute 1179. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute SB1179. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 1179 relating to the elimination of certain required reports prepared by state agencies.

SENATOR ELTIFE: The following amendment. Floor Amendment No. 1 by Lucio. Secretary, please read the amendment.

PATSY SPAW: Floor Amendment No. 1 by Lucio.

SENATOR ELTIFE: Senator Lucio is recognized to explain the amendment.

SENATOR LUCIO: Thank you, Mr. President. Members, existing section 411.009 of the government code which this bill would repeal would eliminate a critical reporting biennial report for border trading commerce. Under the current law DPS in conjunction with the border commerce coordinator are required to develop short and long-term plans to expedite trade by mitigating delays in border crossing inspections for northbound truck traffic among other matters. Since Mexico is our No. 1 trading partner with percent of NAFTA related trade traffic going through our border ports, and because we have yet to make a meaningful dent in the delays and long lines in crossing the border -- northbound border we are in continual need of this report. So members I believe this amendment may be acceptable to the author. I move adoption on it.

SENATOR ELTIFE: Senator Nelson on the amendment.

SENATOR NELSON: The amendment is acceptable.

SENATOR ELTIFE: Thank you, Senator Nelson. Senator Lucio has moved adoption of the floor amendment No. 1. Is there objection? Chair hears none, floor amendment No. 1 is adopted. Senator Nelson is now recognized for a motion.

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

SENATOR ELTIFE: Senator Nelson now moves passage to engrossment. Is there objection? Chair hears none, Committee Substitute SB1179 as amended is passed to engrossment. Senator Nelson is now recognized for a motion to suspend the constitutional three day rule.

SENATOR NELSON: 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: 29 ayes, one nay, the rule is suspended. Chair lays out on third reading and final passage Committee Substitute SB117 as amended.

PATSY SPAW: Committee Substitute Senate Bill 1179 relating to the elimination of certain required reports prepared by state agencies.

SENATOR ELTIFE: Senator Nelson is recognized for a motion.

SENATOR NELSON: Mr. President, I move final passage of Committee Substitute to Senate Bill 1179.

SENATOR ELTIFE: Senator Nelson moves final passage of Committee Substitute SB1179 as amended. The secretary will call the roll.

SENATOR ELTIFE: 30 ayes, zero nays, Committee Substitute SB1179 is finally passed. Congratulations, Senator Nelson.

SENATOR NELSON: Thank you, Mr. President.

SENATOR ELTIFE: Senator Nichols is recognized for a motion to suspend the regular order of business on Committee Substitute SB662.

SENATOR NICHOLS: Thank you, Mr. President. I move to suspend the Senate's regular to order of business to take up and consider the Committee Substitute for Senate Bill 662. This is a sunset bill, the state board of examiners for speech language, pathology and audiology regulates speech, language, pathologists and audiologists in Texas. SLP's evaluate and treat disorders relating to communication, language and swallowing. Audiologists evaluate and treat ailments relating to hearing functions and including the fitting and dispensing of hearing instruments known as hearing aids. The board is administratively attached to the Texas Department of Health Services housed within its professional licensing and certification unit. Board is subject to the Sunset Act and will be abolished on September 1 unless continued by the legislature. Sunset Commission found there is a continuing need for the board, but found several inconsistencies in the board's regulation of hearing aid sales and identified several changes that would enhance efficiency, fairness and public (inaudible) on the board of operations. Generally the Committee Substitute for 662 requires the board and the state committee of examiners and the fitting and dispensing of hearing instruments to jointly develop and adopt rules for hearing aid sales. In line key elements of the board's licensing and regulatory functions to common licensing standards and continues state board of examiners for speech language pathology and audiology for six years. With that, Mr. President, I move suspension of the Senate's regular order of business.

SENATOR ELTIFE: Senator Nichols moves suspension of the regular or of business to take up and consider Committee Substitute SB662. Is there objection? Chair hears none, rules are suspended. Chair lays out on second reading Committee Substitute SB662. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 662 relating to the continuation and functions to the state board of examiners for speech, language, pathology and audiology.

SENATOR ELTIFE: Senator Nichols is recognized for a motion.

SENATOR NICHOLS: Mr. President and members, I move passage for Committee Substitute to Senate Bill 662 to engrossment.

SENATOR ELTIFE: Senator Nichols now moves passage to engrossment. Is there objection? Chair hears none, Committee Substitute SB662 is passed to engrossment. Senator Nichols is now recognized for a motion to suspend the constitutional three day rule.

SENATOR NICHOLS: Mr. President and 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: 29 ayes, one nay, the rule is suspended. Chair lays out on third reading and final passage Committee Substitute SB 662. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 662 relating to the continuation and functions of the state board of examiners for speech language, pathology and audiology.

SENATOR ELTIFE: Senator Nichols is recognized for a motion.

SENATOR NICHOLS: Mr. President and members, I move final passage for Committee Substitute of Senate Bill 662.

SENATOR ELTIFE: Senator Nichols moves final passage of Committee Substitute SB662. The secretary will call the roll.

SENATOR ELTIFE: 30 ayes, zero nays. Committee Substitute to Senate Bill 662 is finally passed. Congratulations, Senator Nichols.

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

SENATOR ELTIFE: Senator Watson and guest is recognized for a motion to suspend the regular order of business on Committee Substitute SB407.

SENATOR WATSON: Thank you very much, Mr. President and members. I'm going to move to suspend the Senate's regular order of business to take up and consider at this time the Committee Substitute to Senate Bill 407. Members, this is a bill that is related to trying to make sure that we keep up, our laws keep up with our technology and our young people as they try to grow up. What it would do is it would create a new response to the crime of what's generally referred to as sexting. Currently under our laws, if a young person sends a sexually explicit picture over by texting the only laws that that would apply -- be prosecuted under -- could be prosecuted under laws that relate to our very strong child pornography laws. What this does is attempts to address that issue but not put our young people who might just do something stupid in a situation where they're going to carry the life altering consequences of a felony conviction, including registration of a sex offender. I've been working on this for several months with a variety of stakeholders including the attorney general's office, and I've also been working with Senator Huffman here in the last couple of weeks since we came out of committee to make sure that we try to hit all of the bases, and Senator Huffman and I have worked on an amendment that I will also offer after we suspend to address the circumstance of primarily a minor showing a picture that they may have received from another minor and then coming to their senses and deleting it within a reasonable period of time. Mr. President, I move suspension of the rules.

SENATOR ELTIFE: Senator Huffman, for what purpose?

SENATOR HUFFMAN: To question the author of the bill.

SENATOR ELTIFE: Senator Watson yield?

SENATOR WATSON: I do, yes.

SENATOR HUFFMAN: Senator Watson, first off, thank you very much for allowing me to work with you on your bill with you. And I know that, you know, I voted no in committee because I had some concerns with the form of your bill in that I thought maybe it cast too broad of a sweep and maybe brought in more minors than what I believe talking to you was your intention to do. So I think that the language that you worked on does that but, just to set up the legislative intent, is it your intent with this legislation to make it a class C offense, that level of offense, which is a fine only offense, to just receive some type of the visual material that's prohibited?

SENATOR WATSON: First of all, let me say that I appreciate your help on this. And you're right, I think you and I always agreed on intent, I think one of the things that some of us do is we work so long on these bills, we start seeing it just in one way and your fresh set of eyes, I think, helped. So thank you for that. What the amendment does is addresses the situation where if a young person -- first of all, if you're under 17, one -- what this bill does is a child is under 17, either for possession or promotion, they would be treated -- the act would be treated as conduct in need of supervision. So we kind of take away the criminal offense, it would be a status offense. Now, for a child that's 17, of course, you know that under our laws that makes them adults under the criminal laws. And what the goal here and the amendment that you and I have worked on would make it a situation where if you possess it, it would be a class C misdemeanor. It would be only if it was promoted and then promoted by sending it out with malicious intent, the intent to bully, harass, torment, embarrass, something like that would you then be in a situation where it would go to a class B.

SENATOR HUFFMAN: Okay. And then, of course, my concern which is met with the amendment was the concern about the minor, the kid who received a text, unsolicited, received it and then did nothing else with it except maybe showed it to the person sitting next to him on the school bus or something like that. We don't want to criminalize that behavior, but you're amendment states that as long as that person who -- the minor, we're talking about minors who received it and then deleted it within a reasonable amount of time and did nothing to promote it in the sense of retransmitting it electronically in some way, then that is a defense to prosecution. So I just want to make sure that the legislative intent is that we're not trying to sweep in all these kids who may have been on the receiving end of something offensive, didn't pass it on, maybe did something a little silly, showed it to someone next to them but didn't transmit it and then did the right thing and deleted it within a reasonable amount of time. We are not trying to prosecute those kids.

SENATOR WATSON: We are not. And, in fact, that's the goal, to not put our young people in -- this is conduct we want to stop.

SENATOR HUFFMAN: Yes.

SENATOR WATSON: And one of the things, as you know, from this bill we have an educational component to help educate our young kids about the consequences including the psychological and emotional consequences. But we don't want them in a situation where our laws haven't kept up with technology and they do something dumb. So to use the example you just used, you and I worked on the amendment. So what we did, we made sure that the word "promotion" isn't part of the offense of possession, if you will. And then when you get into promotion, one of the things that you just brought up is it specifically says that it would be by electronic means to promote to another minor. So one of the issues there to use your very good example of being on a school bus, kid gets an unsolicited text, maybe shows it to somebody, doesn't hit the send button but showed it to somebody, they would be in a situation where if they delete it in a reasonable amount of time, they would not be in a situation where they would be prosecuted.

SENATOR HUFFMAN: And you mentioned briefly the educational component to your bill. Could you explain that a little? Because I think that's critical and probably one of the most important parts of the bill.

SENATOR WATSON: Absolutely. And I appreciate you bringing that up. What the bill does also, members, is that it says that the Texas Psychological Safety Center which was created in 1999 when Governor George W. Bush was governor, it was authorized by the 77th legislature in 2001 and it's made up of a variety of different folks s including PTA representatives, the attorney general's office, that organization, that -- it's already been created, would help set up a curriculum to educate our young people about not just the law relating to sexting but also the harm that can come from -- psychological harm, emotional harm from finding themselves in a situation where they might send a picture of themselves, thinking that it will somehow help them with somebody, by sending them a picture or being responsive to somebody that asked them to send a picture or sending on a picture that they otherwise received. They will create the curriculum and they're already, by the way, working currently for the Center of Missing and Exploited Children on a curriculum. They tell me that the current resources, there's a whole lot of momentum out there on bills like this. A lot of materials they will be able to work with, and they will make that curriculum available. And we've been very flexible. We've told them -- told them in this bill, you guys are the experts on how to communicate this. You do what's best for the age of the children and you figure out the best way to get that information to them.

SENATOR HUFFMAN: All right. Thank you very much, Senator Watson, for allowing me to work with you on this very important bill.

SENATOR WATSON: Well, I appreciated your work. Thank you. Mr. President, if there are no other questions, I move that we suspend the rules to take up and consider at this time the Committee Substitute to Senate Bill 407.

SENATOR ELTIFE: Senator Watson moves suspension of the regular order of business to take up and consider Committee Substitute to SB407. Is there objection? The Chair hairs none, rules are suspended. Chair lays out on second reading Committee Substitute SB407. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 407 relating to the creation of offense of electronic transmission of certain visual material affecting a minor.

SENATOR ELTIFE: Floor Amendment No. 1 by Watson. Secretary read the amendment.

PATSY SPAW: Floor Amendment No. 1 by Watson.

SENATOR ELTIFE: Senator Watson to explain the amendment.

SENATOR WATSON: Thank you, Mr. President, members. Floor Amendment No. 1 is the amendment that Senator Huffman and I just had the dialogue on, and Mr. President, I would move adoption of Floor Amendment No. 1.

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

SENATOR WATSON: Mr. President, I move passage of Committee Substitute to Senate Bill 407 as amended to engrossment.

SENATOR ELTIFE: Senator Watson now moves passage to engrossment. Is there objection? Chair hears none, Committee Substitute SB407 as amended is passed to engrossment. Senator Watson is now recognized for a motion to suspend the constitutional three day rule.

SENATOR WATSON: 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: 28 ayes, two nays, the rule is suspended. Chair lays out on third reading and final passage Committee Substitute SB40 as amended. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 407 relating to creation of the offense of electronic transmission visual material depicting a minor.

SENATOR ELTIFE: Senator Watson is recognized for a motion.

SENATOR WATSON: Mr. President, I move final passage of Committee Substitute to Senate Bill 407 as amended.

SENATOR ELTIFE: Senator Watson now moves final passage of Committee Substitute SB407 as amended. The secretary will call the roll.

SENATOR ELTIFE: 29 ayes, one nay, Committee Substitute SB407 as amended is finally passed. Congratulations, Senator Watson.

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

SENATOR ELTIFE: Senator Watson, would you like to introduce us to your guest?

SENATOR WATSON: I would be very pleased to do that. I am honored today to be joined at my desk by my Senate page today, and my Senate page is Cooper Watson, my son, who is a sophomore at Austin High School. Many of you have known Cooper for a while, some of you have just had a chance to meet him. But his mom and I are extremely proud of him and it's a real pleasure to have him on the floor with me today. So thank you, Mr. President.

SENATOR ELTIFE: Cooper Watson, welcome to the Texas Senate. Senator West is recognized for a motion to suspend the regular order of business on Committee Substitute SB198.

SENATOR WEST: Mr. President and members, at this time I move to suspend the Senate's regular order of business to take up and consider Committee Substitute to Senate Bill 198. Members, this has been commonly referred to as the Romeo and Juliet bill. What are we doing? The issue has been one where individuals within a specific age range are required, if you have a consensual relationship and a person is convicted of sexual assault, the defendant is required to register for life. This bill isn't about giving innocence, it's about registration. And I want to thank Senator Huffman for working with me on this particular bill. Last session Senator Huffman and I were able to work a bill that ultimately was vetoed by the governor, and since that time we have been working with the governor's office on this particular issue. And we believe -- I know that the governor's office's issue was raising the minimum age of the victim from 13 to 15 and so that's what this particular bill does. It raises the age of the victim in this particular case from age 13 to 15. And the current law allows the five age difference, that is out of the compliance with federal laws so the bill moves that to four years. In addition it adds additional factors to be considered by a court in deciding if a person should be released from registration requirements, and it transfers the duties of registration requirements from the Council of Sex Treatment to DPS. And it removes the offenses of aggravated sexual assault and also sexual performance of a child from those eligible from an affirmative finding by the judge related to age-based offenses. In addition, it deletes references from the Adam Walsh Act,

(inaudible) a standard that establishes minimum offender requirements. The reality is it would cost an additional $38 million to comply. So that's what this bill does, members. So I move suspension of the Senate's regular order of business.

SENATOR ELTIFE: Senator West moves suspension of the regular order of business to take up and consider Committee Substitute SB198. Is there objection? Chair hears none, rules are suspended. Chair lays out on second reading Committee Substitute SB198. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 198 relating to the exempting persons who are convicted of certain sexual offenses from registering as a sex offender.

SENATOR ELTIFE: Senator West is recognized for a motion.

SENATOR WEST: Move passage to engrossment.

SENATOR ELTIFE: Senator West moves passage to engrossment. Is there objection? The Chair hears none, Committee Substitute 198 is passed to engrossment. Senator West is now recognized for a motion to suspend the constitutional three day rule.

SENATOR WEST: So moved.

SENATOR ELTIFE: The secretary will call the roll.

SENATOR ELTIFE: 27 ayes, three nays, the rule is suspended. Chair lays out on third reading and final passage Committee Substitute SB198. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB198 relating to exempting persons who are convicted of certain sexual offenses from registering as a sex offender.

SENATOR ELTIFE: Senator West is recognized for a motion.

SENATOR WEST: Mr. President, on behalf of Senator Huffman and myself, I move final passage of Committee Substitute Senate Bill 198.

SENATOR ELTIFE: Senator West on behalf of himself and Senator Huffman now moves final passage of Committee Substitute SB198. The secretary will call the roll.

SENATOR ELTIFE: 28 ayes, two nays, Committee Substitute SB198 is finally passed. Congratulations, Senator West. Senator Carona is recognized for a motion to suspend the regular order of business on SB898.

SENATOR CARONA: Mr. President, members, I move that we suspend the regular order of business. Members, we passed this bill yesterday on second reading, it extends the 5 percent goal reporting requirement to 2020 from the present year 2012 relative to energy efficiency required at state agencies, institutions of higher education, counties with deteriorating air quality or subdivisions that are considered nonattainment areas.

SENATOR ELTIFE: Senator Carona moves suspension of the regular order of business to take up and consider SB898. The secretary will call the roll.

LT. GOVERNOR DEWHURST: There being 22 ayes and eight nays, the rule is suspended. The Chair lays out on third reading and final passage Senate Bill 898. The secretary will read the caption.

PATSY SPAW: Senate Bill 898 relating to energy efficiency programs and institutions of higher education.

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

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

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

LT. GOVERNOR DEWHURST: There being 21 ayes and nine nays, Senate Bill 898 is finally passed. The Chair recognizes Senator Ellis for a motion to suspend the Senate's regular order of business to take up and consider Committee Substitute to Senate Bill 1680.

SENATOR ELLIS: Thank you, Mr. President and members. This is a key part of my law and order package. This legislation would provide evidence in Medicare and Medicaid fraud cases more efficiently without compromising the defendant's rights to a fair trial. Members, Medicaid/Medicare fraud is a serious problem that costs us all. The attorney general's office is investigating 60 million in payments to Medicaid and Medicare providers in Texas and has 900 pending investigations in Medicare and Medicaid fraud. This bill would allow for individuals in Medicare and Medicaid fraud cases whose information was stolen and used to make fraudulent claims to provide testimony by a deposition, shortening testimony by days or even weeks. I worked closely with the Harris County prosecutor's office in drafting this bill, it came out of the Senate criminal justice committee unanimously. Mr. President, I'd like to suspend the rules to take up and consider Committee Substitute to Senate Bill 1680.

LT. GOVERNOR DEWHURST: Thank you, Senator Ellis, and thank you for your comments earlier. Those were very eloquent. Members, you've heard the motion by Senator Ellis. Is there objection from any member? Chair hears no objection from any member, and the rule is suspended. Chair lays out on second reading Committee Substitute to Senate Bill 1680. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1680 relating to certain evidence in a prosecution of fraud or theft involving Medicaid or Medicare.

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

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

LT. GOVERNOR DEWHURST: Thank you, Senator Ellis. Members, you heard the motion by Senator Ellis. Is there objection from any member? The Chair hears no objection from any member, and Committee Substitute to Senate Bill 1680 passes to engrossment. Chair recognizes Senator Ellis for a motion to suspend the constitutional rule that bills be read on three several days.

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

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

LT. GOVERNOR DEWHURST: There being 29 ayes and one nay, the rule is suspended. Chair lays out on third reading and final passage Committee Substitute to Senate Bill 1680. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1680 relating to certain evidence in a prosecution of fraud of Medicaid or Medicare benefits.

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

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

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

LT. GOVERNOR DEWHURST: There being 30 ayes and no nays, a Committee Substitute to Senate Bill 1680 is finally passed.

SENATOR ELLIS: Thank you, sir.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Carona for a motion to suspend the Senate's regular order of business to take up and consider Committee Substitute to Senate Bill 1170.

SENATOR CARONA: Thank you, Mr. President. Members, this bill deals with barber and cosmetology interests in the state. Every so often we have to update their statutes, and that's what this bill does. It addresses a number of provisions in both statutes for these two professions that require periodic updating. For one we harmonized the barber and cosmetology statute by allowing both barbering and cosmetology to be taught in public schools. It amends the building size requirements for the barber and cosmetology colleges. It incorporates a new term used in the industry as a petition and a variety of things like that. I move suspension of the Senate's regular order of business.

LT. GOVERNOR DEWHURST: Members, you heard the motion by Senator Carona. 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 1170. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1170 relating to the regulation of barbers and cosmetologists.

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

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

LT. GOVERNOR DEWHURST: Members, you heard the motion by Senator Carona. Is there objection from any member? Chair hears no objection from any member, and Committee Substitute to Senate Bill 1170 passes to engrossment. The Chair recognizes Senator Carona for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR CARONA: So moved.

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

LT. GOVERNOR DEWHURST: Members, there being 29 ayes and one nay, the rule is suspended. Chair lays out on third reading and final passage Committee Substitute to Senate Bill 1170. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1170 relating to the regulation of barbers and cosmetologists.

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

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

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

LT. GOVERNOR DEWHURST: There being 30 ayes and no nays, Committee Substitute to Senate Bill 1170 is finally passed. Senator Rodriguez, are you ready on 1126? Okay. Chair recognizes Senator Rodriguez for a motion to suspend the Senate's regular order of business to take up and consider Committee Substitute to Senate Bill 726.

SENATOR RODRIGUEZ: Thank you, Mr. President and members. As a result of a struggling economy and a growing number of Americans facing legal problems, we're experiencing a crisis in funding for legal aid and indigent defense. Legal aid organizations across the country are battling a severe funding crisis confounded by significant state and federal budget deficits. Historic declines in legal aid funding -- historic declines in legal aid funding from interested lawyer trust accounts (inaudible) and an increased demand for services. These funds generated from IOLTA are a primary source of civil legal aid funding in Texas. Due to persistently low interest rates in Texas, the IOLTA revenue for legal aid in 2011-2012 is projected to fall to only 5 million per year which will result in million less in available funds compared to 2007 levels. This 20 million in appropriations in the 2009 legislative session made up for this funding shortfall and allowed for legal service organizations to continue to provide legal aid to more than 100,000 low income Texas families. Each year approximately 40 legal aid organizations in Texas serve over 100,000 individuals in families, yet at the current funding levels they serve only one out of five eligible Texans with legal needs. It is estimated that a funding cut of 20 million would result in 24,000 to 26,000 fewer clients being served. As Chief Justice Wallace Jefferson said in the state of the judiciary speech in February, "We are a nation and a state that believes that the law provides protections for those who are most powerful, for those who are most vulnerable, but today the courthouse door is closed to many who have lost their jobs, to military veterans who are on the streets and to women who suffer physical abuse." As many of you already know, legal aid organizations assist veterans accessing their VA benefits, they help seniors who have been wrongly denied Medicare prescriptions or other benefits, they help families with foreclosure, housing and other issues, they assist in domestic abuse and violence cases that affect families. To address this crisis, members and Mr. President, Senate Bill 726 will establish a judicial access and improvement account to provide funding for basic civil legal aid, indigent defense and judicial technological support. Revenue for the judicial access and improvement account would be generated through two fees. The first fee would be a $10 court cost on justice courts and municipal courts upon conviction of an offense, other than an offense relating to either pedestrian or parking of a motor vehicle. These offenses are generally classified as class C level misdemeanor offenses. The bill would also impose a $2 document recording fee on nonjudicial filings which would be collected by the County clerk of each County. These include filings such as personal property records, real estate records, marriage certificates and certified and uncertified filings. Senate Bill 726 directs the funds to be appropriated in an amount not to exceed 13 million this year may be appropriated by the Supreme Court of Texas to phasing in electronic filing and retrieval in Texas courts. The Committee Substitute makes clear that this appropriation for electronic filing is elective. As a second set aside, the Supreme Court may use up to million for the state law library. Additionally the Supreme Court in consultation with the judicial committee on information technology may enter in agreement with the Office of Court Administration to implement the electronic filing and retrieval in courts of this state. The remainder of the money in the account shall be divided between legal aid and indigent offense. The Committee Substitute adjusts the distribution of funding for 70 percent shall be distributed to legal aid and 30 percent to indigent defense.

SENATOR WHITMIRE: Mr. President, will the gentlemen yield?

LT. GOVERNOR DEWHURST: Will Senator Rodriguez yield to --

SENATOR RODRIGUEZ: Yes, sir. I yield, Mr. President.

SENATOR WHITMIRE: Thank you, Mr. President. And I think most of us get the gist of your legislation, you're adding an additional fee on traffic citations which will then go towards indigent representation, legal representation; is that correct?

SENATOR RODRIGUEZ: That's correct, sir.

SENATOR WHITMIRE: Can you tell the body what the current fee schedule is for class C misdemeanors?

SENATOR RODRIGUEZ: For class C misdemeanors in the justice of the peace and municipal courts is approximately $92.

SENATOR WHITMIRE: Approximately?

SENATOR RODRIGUEZ: As cost. Well, it's $92.10.

SENATOR WHITMIRE: $95?

SENATOR RODRIGUEZ: No, 92.

SENATOR WHITMIRE: 92?

SENATOR RODRIGUEZ: Yes, sir.

SENATOR WHITMIRE: Okay. Do you have a list of what those fees go for?

SENATOR RODRIGUEZ: Yes, sir, I do.

SENATOR WHITMIRE: Do you mind informing --

SENATOR RODRIGUEZ: The office or what they go for?

SENATOR WHITMIRE: No, no. It comes to about $95. When you break it down, what the current fee schedule is. Like courthouse security, recordkeeping, etc, etc.

SENATOR RODRIGUEZ: If you'll just give me a moment, sir.

SENATOR WHITMIRE: Why don't I help? There's a jury fee of $20, records management and preservation services $25, County district court technology fee $3, security fee $3. It's a wide range of purposes. And you're correct, it comes to about $95.

SENATOR RODRIGUEZ: Yes.

SENATOR WHITMIRE: Do you share my concern that another ten, obviously, puts it over 100 even for causes that are dismissed, individuals would still have to pay this. So if you go to traffic court, you would see an awful lot of indigents that you're actually trying to help with legal representation on more serious cases, some of those same indigents are going to the traffic courts and I'm concerned whether they'll be able to pay it. And then if they can't pay it, you know, they'll go on a list of failure to pay. So if you don't have the money, what becomes of those individuals?

SENATOR RODRIGUEZ: Well, Senator, you know, I do share your concerns, we are talking about an additional $10 cost on court cost in JP court and municipal court. And we need to be clear that these are for people who have been convicted of a class C misdemeanor and --

SENATOR WHITMIRE: I understand that, but when it's been dismissed -- you are familiar if it's dismissed, you still have to pay the court cost.

SENATOR RODRIGUEZ: Yes, but -- but the fee is to be used for indigent defense which is constitutionally mandated and for civil legal services. Now, if we don't -- if we don't raise money through this process, my question to you is: What other alternatives do we have? I think it's been made very clear here, since I got here, that there's not going to be any tax increases, that there's not going to be --

SENATOR WHITMIRE: Don't you agree with me that a fee is a tax with another name?

SENATOR RODRIGUEZ: I don't view it as a tax, I view it as a cost of doing business, so to speak. These are individuals who violated the law and who are accessing our justice system and who are the ones that should pay for the use for which we want the fees as opposed to the general taxpayer who is law-abiding and doesn't --

SENATOR WHITMIRE: Of course, you're already paying a fine, I agree if you -- should be punished with the consequences of your behavior, but that's called a fine. And so the fines are still in existence, and they can range in the hundreds of dollars, depending on the violation and the speed that you are violating. So it just gets down to where you want to add another $10 to this particular case. I thought we had generally decided to not kind of have fee increases. What committee did this come out of?

SENATOR RODRIGUEZ: Finance committee.

SENATOR WHITMIRE: Finance?

SENATOR RODRIGUEZ: Yes, sir.

SENATOR WHITMIRE: Okay. Well, I want to applaud your intentions. I think people -- and it would help our criminal justice system if they had representation for fair trials and they need this representation but I really think you're fixing to put another fee on -- see it's not the ten -- $10 doesn't sound like a large amount by itself, but it's when you put it on top of the other costs. I think at some point it becomes punitive, the fee itself kind of becomes punishment, and I just don't think that that's the way we ought to operate.

SENATOR RODRIGUEZ: Well, you know, with all due respect Senator, Dean, I really do, believe me, I appreciate what you're saying, I worked for legal services for ten years, I've done criminal indigent defense court appointments for federal and state court, and I understand exactly what you're saying. I had many of those clients that you're talking about. But on the other hand, I think we should weigh the other need that's out there as well by the indigent who can't afford their own lawyer and need to get appointed a lawyer and the constitution requires counties to pay for that one way or another. And so if we don't raise money here for it, the counties are going to end up having to raise taxes or do something else for the general taxpayer. And then the other portion of it -- the other major portion of it for civil legal services, which I spent ten years of my life in, I can tell you is an area where if that woman who is being subjected to family violence or the children, and needs a lawyer to represent her to get that protective order and there is no lawyer available, then that's in my view, at least in my mind, what we need to weigh in terms of that scenario versus a person who violates the law, who's made aware what the penalties are going to be and violates the law anyway. And so I know that at a certain point it gets to the point where maybe it just gets insupportable with the amount of the costs, but I think here currently, I'm talking about just for these class C misdemeanor offenses, $92, $10 more for a total of $102 I think is not a nonreasonable court cost to pay to support these programs that are vital to our communities.

SENATOR WHITMIRE: I really applaud your intention and your hard work and I just thought the members should hear at least a good discussion of what's being paid now, the impact this will have. And you've done a real good job of explaining it and let me think about your argument for a few moments. Because your intentions of helping people I think most of us here would think that is really, really has got a lot of merit. It's just a balancing act, and you've posed some good arguments. So let me think about it for a minute.

SENATOR RODRIGUEZ: All right, sir.

LT. GOVERNOR DEWHURST: Senator Ellis, for what purpose do you rise, sir?

SENATOR ELLIS: To ask a couple of questions.

LT. GOVERNOR DEWHURST: Will Senator Rodriguez yield?

SENATOR RODRIGUEZ: Yes, sir, I yield.

SENATOR ELLIS: Senator Rodriguez, I think you have a good bill and it's a very important bill and I think that Dean Whitmire raises some very valid points. But as you go through that list of fees we have added on, most of the other items that are on there are issues that are more apt to get general revenue support than this issue of trying to give poor people access to our legal system. So I would encourage the members, you know, to think long and hard. As an example we now use the court fees to give judges pay raises. And we did that for the first time when we had a real fiscal challenge, we have one again now. But during better times, we ought to look at a way of eliminating some of those other court fees. But this is an area, wouldn't you agree, that it is very difficult to make the case. Take someone like you and others on this floor to be extremely sensitive to go in and fund an area like this to give poor people access to our legal system. I just want to make that pont and stress it and I hope that you have the votes for this bill because it is extremely important.

SENATOR RODRIGUEZ: I appreciate that, and I agree with you wholeheartedly. I think that, and it is a balance that we have to look at here, Senator Ellis. I understand the difficulty of imposing additional court costs, but in this case, I think the need is so great out there for these kinds of services that I don't know that we have very many choices available to us. I mean, I'd be happy to consider any suggestions anyone has for funding these services, my understanding is that we have the riders both in the Senate budget as well as the House budget that would appropriate the monies if this bill and a companion bill by Representative Harnett in the House were to pass. I think that there's an understanding and appreciation for the need for these services, but I certainly am open to any recommendations or suggestions.

SENATOR ELLIS: Well, you got a good bill and until those suggestions come in, we ought to move that process along if somebody comes up with a bright idea before the bill comes back from the House, and then we can do it then. But right now I hope you have the votes on your bill. And I'm going to support you.

SENATOR RODRIGUEZ: Thank you. Thank you.

SENATOR ELTIFE: Senator Seliger, for what purpose?

SENATOR SELIGER: Question of the author, Mr. President.

SENATOR ELTIFE: Senator Rodriguez, yield?

SENATOR RODRIGUEZ: I yield, Mr. President.

SENATOR SELIGER: Senator Rodriguez, didn't this bill come up because of a shortfall in a specific fund for this application?

SENATOR RODRIGUEZ: Yes. There was a shortfall in -- last session you all appropriated approximately $20 million for civil legal services. Now, this bill covers both civil legal services and indigent defense and we -- so that's how you covered a part of the cost for legal services. Civil legal services relies in large part on what are known as the IOLTA account. These are the interest accounts that lawyers deposit their clients' money and draws interest that goes to pay for legal services. Unfortunately, because of the economy we've had a drop in that account approximately 15 million, it's down to 5 million. And so there is a shortage in the funding for that.

SENATOR SELIGER: What do you anticipate will happen at some point when the economy improves, and I think most of us believe that it will, and the IOLTA account replenishes itself? Do you think that will happen?

SENATOR RODRIGUEZ: Well, that may or may not happen, but the bottom line is that even with that amount of money in the pot, you still are looking at only one out of five eligible needy persons being able to access services. So even with that money, you're still not meeting the need out there, and then you look over on the other side of this to the indigent defense program, that program also has suffered a shortfall and, in fact, it's my understanding that there is no money put into that in the House budget. And so what we're trying to do here is finding a source of revenue so we can establish a permanent fund that will continue to fund these services for the long haul as opposed to dealing with every session on an emergency type basis.

SENATOR SELIGER: Let's say the IOLTA fund in better times renews itself, gets back to $15 million or so, which is probably not beyond the realm of possibility, will these new fees still be assessed?

SENATOR RODRIGUEZ: If the -- oh, if the IOLTA fund improves and -- well, yes. The idea here is we want to have a permanent fund so we won't have to be coming back here every session to ask for additional funding.

SENATOR SELIGER: But is not IOLTA a permanent fund anyway that seems to be low on funds but is intended to be permanent and has a facility to be permanent?

SENATOR RODRIGUEZ: It is a permanent fund established under the current rules, but it's subject to the vagaries of the market, as we're just experiencing. And so -- and secondly, even if you have the market bring back the lost revenue, those 15 million, you still are short of covering the services that are needed out there.

SENATOR SELIGER: Okay. Thank you. Thank you, Mr. President.

SENATOR ELTIFE: Senator Whitmire, for what purpose?

SENATOR WHITMIRE: Will the Senator yield?

SENATOR ELTIFE: Senator Rodriguez yield?

SENATOR RODRIGUEZ: Yes, sir, I do yield.

SENATOR WHITMIRE: You know, you have done a real good job of explaining this bill, and I don't like to continue to raise fees, as I made the point a moment ago because I think quite frankly, members, we need to look at the entire fee schedule across state government. One, to make certain that they're being used for what the legislation requesting them for. There's one when you go to the JP court on truancy, a school crossing fee of $40. You look into most jurisdictions, they don't even have a school crossing program that that funds, so it's not just your fee. It's my experience in dealing with fees throughout the criminal justice system, and I would even suggest some permitting fees across state government. But I'm going to make an exception this time because the people you're trying to help need this assistance. So you've done a good job of putting it in perspective. It's $10, this doesn't mean I'm not gong to oppose the next fee but because of your hard work and sincerity and because it goes for just a good cause, I'm going to vote with you and it also shows, members, once again how we can work with one another to have a happy ending, to put a happy face, I'm going to put a happy face on this one, okay?

SENATOR RODRIGUEZ: I appreciate that, Dean.

SENATOR ELTIFE: Thank you, Senator Whitmire.

SENATOR RODRIGUEZ: Thank you for that. I appreciate that.

SENATOR ELTIFE: Senator Rodriguez moves suspension of the regular order of business to take up and consider Committee Substitute SB726. The secretary will call the roll.

SENATOR ELTIFE: There being 20 ayes and ten nays, the rules are suspended. The Chair lays out on second reading committee SB726. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 726 relating to the establishment of the access to the judicial improvement account to provide funding for basic civil legal services and indigent defense and judicial technical support.

SENATOR ELTIFE: Senator Rodriguez is recognized for a motion.

SENATOR RODRIGUEZ: Mr. President, I move Senate Bill -- Committee Substitute to Senate Bill 726 to engrossment.

SENATOR ELTIFE: Senator Rodriguez now moves passage to engrossment. The secretary will call the roll.

SENATOR ELTIFE: 19 ayes, 11 nays, SB1126 is passed to engrossment. Thank you, Senator Rodriguez.

SENATOR RODRIGUEZ: Thank you.

SENATOR ELTIFE: Thank you, Senator Rodriguez. Senator Van de Putte is now recognized for a motion to suspend the regular order of business on SB988.

SENATOR VAN DE PUTTE: Thank you, Mr. President and members. I move to suspend the regular order of business to take up and consider at this time Senate Bill 988. Members, this bill creates a cyber security education and economic development council. You might be interested to know that of all of our STEM jobs, all of our cyber jobs in the next decade over percent will actually be in the area of cyber security. We have members of the council of this that would report to the legislature by December of 2012, and this would really help foster the relationships between our business community, government, institutions of higher Ed but particularly creation of new jobs in this wonderful area of cyber security. With that, Mr. President and members, I move to suspend the regular order of business to take up and consider at this time Senate Bill 988.

SENATOR ELTIFE: Senator Van de Putte moves suspension of the regular order of business to take up and consider Senate Bill 988. Is there objection? The Chair hears none, rules are suspended. Chair lays out on second reading SB988. The secretary will read the caption.

PATSY SPAW: Senate Bill 988 relating to the creation of a cyber security education in the economic development council.

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

SENATOR VAN DE PUTTE: Thank you, Mr. President. I move passage to engrossment of Senate Bill 988.

SENATOR ELTIFE: Senator Van de Putte moves passage to engrossment. Is there objection? The Chair hears none, SB988 is passed to engrossment. Senator Van de Putte is recognized for a motion to suspend the constitutional three day rule.

SENATOR VAN DE PUTTE: 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: 28 ayes, two nays, the rule is suspended. Chair lays out on third reading and final passage Senate Bill 988. The secretary will read the caption.

PATSY SPAW: Senate Bill 988 relating to the creation of a cyber security education and economic development council.

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

SENATOR VAN DE PUTTE: Thank you. I move final passage of Senate Bill 988.

SENATOR ELTIFE: Senator Van de Putte moves final passage of Senate Bill 988. The secretary will call the roll.

SENATOR ELTIFE: 29 ayes, one nay, SB988 is finally passed. Congratulations, Senator Van de Putte.

SENATOR VAN DE PUTTE: Thank you, Mr. President. And thank you, members.

SENATOR ELTIFE: Senator Patrick is now recognized for a motion to suspend the regular order of business to take up and consider SB844.

SENATOR PATRICK: Thank you, Mr. President and members. I rise to suspend the regular order of business to lay out Senate Bill 844. SB844 would amend section 3806 of the penal code. This section makes it a crime for a person to escape from custody when they are under arrest, charged with or convicted of an offense. Currently absent in the law are lawful detentions that occur outside a secured detention facility. We all know that people can escape from custody but they could flee a police car if they had been legally detained and this will resolve that issue on the law. Senate Bill 844 seeks to make it clear that a person who is in custody based on an arrest or lawful detention who escapes from custody can be charged with an offense, Class A misdemeanor. I move suspension.

SENATOR ELTIFE: Senator Patrick moves suspension of the regular order of business to take up and consider Senate Bill 844. Is there objection? Chair hears none, rules are suspended. Chair lays out on second reading SB844. The secretary will read the caption.

PATSY SPAW: Senate Bill 844 relating to the offense of escape from custody by a person lawfully detained.

SENATOR ELTIFE: Senator Patrick is recognized for a motion.

SENATOR PATRICK: I move to engrossment, Mr. President.

SENATOR ELTIFE: Senator Patrick moves passage to engrossment. Is there objection? Chair hears none, SB844 is passed to engrossment. The Chair recognizes Senator Patrick for a motion to suspend the constitutional three day rule.

SENATOR PATRICK: So moved.

SENATOR ELTIFE: The secretary will call the roll.

SENATOR ELTIFE: 29 ayes, one nay, the rule is suspended. The Chair lays out on third reading and final passage SB844. The secretary will read the caption.

PATSY SPAW: Senate Bill 84 relating to the offense of escape from custody by a person lawfully detained.

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

SENATOR PATRICK: I move final passage.

SENATOR ELTIFE: Senator Patrick now moves final passage of SB844. The secretary will call the roll.

SENATOR ELTIFE: 30 ayes, zero nay, SB844 is finally passed. Congratulations, Senator Patrick.

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

SENATOR ELTIFE: Senator Watson is now recognized for a motion to suspend the regular order of business on Committee Substitute SB291.

SENATOR WATSON: 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 the Committee Substitute to Senate Bill 291 which requires school districts and open enrollment charter schools to offer education on the dangers of binge drinking and alcohol poisoning in middle school and high school curriculum. Members, you may remember that last session we passed and the governor signed what is now known as the Carson Starkey Act. It was one that did the same thing in -- and required the curriculum in health education. Since health education is not a mandatory requirement, it's voluntary, we've decided to try to put this into the school science curriculum. It passed out of the education committee on a vote of eight to zero with one absence. I will also offer an amendment on the floor that's intended to eliminate the local government impact on school districts by adding language that the TEA shall make available to the school districts alcohol awareness programs without cost and that are accessible electronically. I worked directly with the commissioner on this matter, and he has assured me that that will take away any of the local government impact. Mr. President, I move suspension of the rules.

SENATOR ELTIFE: Senator Watson moves suspension of the regular order of business to take up and consider Committee Substitute SB291. Is there objection? Chair hears none, rules are suspended. The Chair lays out on second reading SB291. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 291 relating to an alcohol awareness component of the science curriculum used in public schools.

SENATOR ELTIFE: Floor Amendment No. 1 by Watson. Secretary will read the amendment.

PATSY SPAW: Floor Amendment 1 by Watson.

SENATOR ELTIFE: Senator Watson to explain the amendment.

SENATOR WATSON: Mr. President and members, this is the amendment I just described when I was moving to suspend the rules, and I move adoption of the amendment.

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

SENATOR WATSON: Mr. President, I now move passage of Committee Substitute to Senate Bill 2891 as amended to engrossment.

SENATOR ELTIFE: Senator Watson now moves passage to engrossment. Is there objection? Hearing none, Committee Substitute SB291 as adopted is passed to engrossment. The Chair now recognizes Senator Watson for a motion to suspend the constitutional three day rule.

SENATOR WATSON: So moved, Mr. President.

SENATOR ELTIFE: The secretary will call the roll.

SENATOR ELTIFE: 27 ayes, three nays, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute SB291 as amended. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 291 relate to an alcohol awareness component of the science curriculum used in public schools.

SENATOR ELTIFE: Senator Watson is recognized for a motion.

SENATOR WATSON: Mr. President, I move final passage of the Committee Substitute to Senate Bill 291 as amended.

SENATOR ELTIFE: Senator Watson now moves final passage to Committee Substitute SB291 as amended. The secretary will call the roll.

SENATOR ELTIFE: 27 ayes, three nays, Committee Substitute SB29 is finally passed. Congratulations, Senator Watson.

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

SENATOR ELTIFE: Senator Zaffirini is recognized for a motion to suspend the regular order of business on SB54.

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 Senate Bill 54 relating to certification to teach public school students who have visual impairments. This is a bill that was passed by the Senate in 2009 but unfortunately died in the crunch of the House. Senate Bill 54 would ensure that teachers who apply for certification to teach students who are visually impaired would complete the course work certified and required by the state board of educators certification before they are certified. They would exempt persons who applied for the initial certificate on or before September 1st, 2011. Mr. President, I move suspension.

SENATOR ELTIFE: Senator Zaffirini moves suspension of the regular order of business to take up and consider SB54. Is there objection? Chair hears none, rules are suspended. Chair lays out on second reading SB54. The secretary will read the caption.

PATSY SPAW: Senate Bill 54 relating to certification to teach public school students who have visual impairments.

SENATOR ELTIFE: Senator Zaffirini is recognized for a motion.

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

SENATOR ELTIFE: Senator Zaffirini now moves passage to engrossment. Is there objection? Chair hears none, SB54 is now 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 three day rule that bills be read on three several days.

SENATOR ELTIFE: Secretary, please call the roll.

SENATOR ELTIFE: 26 ayes, four nays, the rule is suspended. Chair lays out on third reading and final passage SB54. The secretary will read the caption.

PATSY SPAW: Senate Bill 54 relating to certification to teach public school students who have visual impairments.

SENATOR ELTIFE: Senator Zaffirini is recognized for a motion.

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

SENATOR ELTIFE: Senator Zaffirini now moves final passage of SB54. The secretary will call the roll.

SENATOR ELTIFE: 27 ayes, three nays, SB54 is finally passed. Congratulations, Senator Zaffirini.

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

SENATOR ELTIFE: Senator Carona is recognized for a motion to suspend the regular order of business to take up and consider SB1001.

SENATOR CARONA: Thank you, Mr. President, members. Members, this is the practitioner parody bill which deals with concerns that some of the health care practitioners had, including the chiropractors relative to their ability to form business entities or to collaborate with other health care providers also in terms of insurance and the appropriate use of billing codes for professions that are providing similar or identical services. The bill originally has been drafted placed in prohibition on lawsuits. I'm very pleased to announce to you that both the Texas Medical Association and the Texas Chiropractic Association have agreed earlier this morning on the bill, and I have an amendment that I am going to offer up here in a few moments which will allow us to memorialize those compromises by the two organizations. But I'm most appreciative to the both of them for working together to make this an agreed to bill. With that, Mr. President, I move suspension.

SENATOR ELTIFE: Senator Deuell, for what purpose?

SENATOR DEUELL: To ask the author a question.

SENATOR ELTIFE: Will Senator Carona yield?

SENATOR CARONA: Certainly.

SENATOR DEUELL: First of all, Senator Carona, I want to thank you. I won't go over everything that's happened in the last 72 hours, but you have been more than gracious in working with all the parties regarding this bill and some of the perceived problems, I would say, and perhaps some of the real problems. I wanted to just ask you some questions to clarify some things for the record, to define your legislative intent. It is not your intent with this bill to allow any entity other than the legislature to increase any health care provider scope of practice?

SENATOR CARONA: That is correct.

SENATOR DEUELL: That is correct. Okay. It is also your intent to provide fair reimbursement to any and all health care providers?

SENATOR CARONA: Yes, sir, that is correct.

SENATOR DEUELL: It's also your intent with this legislation that if a physician would want to go into partnership with some other health care allied health professional that they would be allowed to do so without impunity?

SENATOR CARONA: Well, we have narrowed this bill to allow physicians to enter into such agreements with specifically chiropractors. Now, already podiatrists can do that, and optometrists can do that. Chiropractors would be one more added health care group that would be able to do that.

SENATOR DEUELL: Okay. You didn't add any other --

SENATOR CARONA: No. Originally in the bill, that language was narrowed in the process of negotiation.

SENATOR DEUELL: Well, again, I want to thank you. You agreed to reenter negotiations with parties after things fell apart on several occasions, a lot of people wouldn't do that and it just shows the kind of person you are, a true gentleman in the truest sense of the word, and I appreciate it.

SENATOR CARONA: Thank you, sir. Both groups are fine groups, and obviously they do have disagreement from time to time, but I appreciate both groups for sitting down in the manner they did to work this out.

SENATOR ELTIFE: Senator Nelson, for what purpose?

SENATOR NELSON: To ask a question of the author, please.

SENATOR ELTIFE: Smart Carona yield?

SENATOR CARONA: Yes, certainly.

SENATOR NELSON: Senator Carona, and I thank you for working on this issue with all of the parties interested. And I apologize, when Senator Deuell was asking his question, Senator Rodriguez asked me an important question, so I apologize if I'm being repetitious. But I need to know and I am seeing the letter here from TMA, which I know that there were many of their members which were concerned, quite frankly, about the original bill expanding the scope of practice for some. And what you're telling us is that this bill does not expand the scope of practice of medicine.

SENATOR CARONA: That's right. We never did believe it expanded the scope of practice, but with the amendment that I'm going to offer up, it brings certainty to it for TMA and for their members.

SENATOR NELSON: Okay. So before we vote to suspend, can you -- I don't usually ask people to tell me what their amendments are going do until we see them, but will you give us a -- give us some nail -- you know, this is what the amendment is going to do, so I'm comfortable voting to suspend to see the amendment.

SENATOR CARONA: I'll be glad to do that. There are five basic areas that the amendment touches upon. The first is it removes the prohibition against a licensing authority filing an injunction against the individual licensee or one agency suing another. Now, under current law, and this is not a good thing, under current law, these agencies can and do sue one another regularly. But the belief by the agency is that -- that enter into these suits as plaintiff is that, you know, without such they would, in fact, suffer an expansion of scope of practice. And so the request made by TMA -- the request, Senator, made by TMA was that we not eliminate that. And so this amendment places back the ability to sue one agency to another and to an individual as well, as was the case before we filed the bill and as is current law today.

SENATOR NELSON: Right. And some of us like the current law as it is today. Any other changes to the amendment?

SENATOR CARONA: There are. It limits the collaboration language so that it only applies to collaborations between a chiropractor and physician, not other health care providers including chiropractors and a physician. So we narrowed the scope in order to satisfy the concerns of the physician s. It limits the professional association language so that chiropractors may form professional entities with physicians; again, a repetition of what I was just stating. It also adds protections similar to those in the business organizations code to ensure that the authority of each practitioner in the professional entity is limited to the physician scope of practice and that no practitioner may exercise control over another practitioner's clinical authority. And it goes on to say that the state agency within the authority of the practitioner who formed the professional entity continue to exercise regulatory authority over their respective licensees. And then finally, it adds a requirement that a physician who forms a professional entity with a chiropractor or makes some material change to the structure operation has to file a report to the Texas Medical Board within days of doing so. And in doing each of these things, we have addressed the issues brought forth during the various meetings.

SENATOR NELSON: Okay. Can you tell me what the impact on health care bill will be when this bill passes, if there is an impact?

SENATOR CARONA: This bill is not intended to deal at all with rates or anything of that nature. It simply says, I am qualified under my scope of practice. If I'm authorized and qualified under my scope of practice to perform a certain service and another health care provider performs that very same service that the insurance company cannot discriminate against me as one type of provider when they're allowing another type of provider to do that service. The issue more often than not comes up between physical therapists and chiropractors.

SENATOR NELSON: Yes. And I understand it's not your intent, you didn't draft this bill to have an impact on billing. But do you think as an unintended consequence there could be any impact on billing?

SENATOR CARONA: Nothing in my opinion that will raise the cost of health care. In fact, I think it will actually work just the opposite, and I'm very pleased that the bill is also endorsed by the Texas Public Policy Foundation.

SENATOR NELSON: Okay. So bottom line you're assuring us that if this amendment goes on to this bill, there will be no -- in this bill, no expansion of scope of practice.

SENATOR CARONA: Right. There is no intention whatsoever to enhance scope of practice in this bill.

SENATOR NELSON: Okay. Well, Senator, again I very much appreciate you working with the entities who were concerned about this issue and coming up with this resolve. Thank you.

SENATOR CARONA: Thank you, Senator. Mr. President, I move at this time to suspend the Senate's regular order of business.

SENATOR ELTIFE: Senator Carona moves suspension of business to take up and consider Committee Substitute SB1001. The secretary will call the roll.

SENATOR ELTIFE: 28 ayes, two nays, Committee Substitute SB1001, the rules are suspended. Chair lays out on second reading Committee Substitute SB1001. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 1001 relating to the practice of certain professions regulated under the occupancy code.

SENATOR ELTIFE: Floor Amendment No. 1 by Carona. The secretary will please read the amendment.

PATSY SPAW: Floor Amendment No. 1 by Carona.

SENATOR ELTIFE: Senator Carona to explain the amendment.

SENATOR CARONA: Members, this is the amendment I was explaining a moment ago when Senator Nelson and I were on the floor, and it is the amendment upon which the compromise was reached between the Texas Medical Association and the Texas Chiropractic Association. But for this amendment this would not be an agreed bill. So I move adoption right now of Floor Amendment No. 1.

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

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

SENATOR ELTIFE: Senator Carona now moves passage to engrossment. The secretary will call the roll.

SENATOR ELTIFE: 30 ayes, no nays, Committee Substitute SB1001 is passed to engrossment. Senator Carona is recognized for a motion to suspend the constitutional three day rule.

SENATOR CARONA: So moved, Mr. President.

SENATOR ELTIFE: The secretary will call the roll.

SENATOR ELTIFE: 29 ayes, one nay, rules suspended. Chair lays out on third reading and final passage Committee Substitute SB1001 as amended. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 1001 relating to the practice of certain professions regulated under the occupations code.

SENATOR ELTIFE: Senator Carona is recognized for a motion.

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

SENATOR ELTIFE: Senator Carona now moves final passage of Committee Substitute SB1001 as amended. The secretary will call the roll.

SENATOR ELTIFE: 30 ayes, zero nays, Committee Substitute SB1001 as amended is finally passed. Congratulations, Senator Carona. Senator Van de Putte is recognized for a motion to suspend the regular order of business on Committee Substitute SB100.

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 the Committee Substitute to Senate Bill 100. Members, Senate Bill 100 is something that is greatly needed to allow our military voters and those residing overseas there and their dependents the ability to participate fully in our elections. I know that as a legislature we have all talked about when things come from our federal government, we wish that we would not be preempted or mandated. However, Senator Cornyn believes that this disenfranchisement of our military voters warranted a national act to be called the Military and Overseas Empowerment Act or we call it the Move Act. With actual data that states that approximately a third of our military members' votes don't ever end up getting counted, to be compliant with the Move Act requires us to have a transmittal of ballots 45 days before an election, and as it stands right how our elections calendars do not allow for the day transmittal of ballots. And, in fact, between the filing deadline and election, we currently need somewhere between ten and 11 weeks. It's not just the transmittal of ballots, it's the printing and certification of candidates. And so what you see before you, and I hope that you have seen the blue sheet that has been passed out, is a work that has been done in the interim with all the stakeholders, cities, county, certainly the great role our secretary of state has played, and I particularly want to thank Chairman Duncan and the members on the committee. We heard testimony on this bill and then we waited almost three weeks to make sure that we had a consensus on what we wanted to present as being compliant with the Overseas and Military Voting Act. So, members, let me go over just very quickly what this does. We really felt strongly that we keep the March primary date and to do so would require us to move the filing deadline to December. That would mean that for primaries the runoff, again, adhering to the 45 day transmittal would be in May, so it's May 22nd of 2012. We also made sure that cities and counties, we kept the same general election date for November. So any jurisdiction can keep the November election date. There will be some amendments, some of them are technical nature and I will have an accompanying SJR that we will call up right afterwards. But members. this is a complex bill. It's one that has been thoroughly vetted and worked on by the entire committee and we will have a few amendments. But we must understand that to take on the challenge of moving our election date, we only did so, not because it was required by the Move Act, but it is extremely important that we ensure that the brave men and women who are serving our country are able to participate to the fullest ability in the democracy that they are sacrificing to protect. With that, members, I move to suspend the Senate's regular order of business to take up and consider the Committee Substitute to Senate Bill 100.

SENATOR ELTIFE: Senator Duncan, for what purpose?

SENATOR DUNCAN: Question of the author.

SENATOR ELTIFE: Senator Van de Putte yield?

SENATOR VAN DE PUTTE: I yield, sir.

SENATOR DUNCAN: Senator Van de Putte, I want to thank you for your hard work and patience on this bill, and we had one of the more interesting committee hearings that I've had since I've been chairman of the State Affairs where we finally -- we looked at every option on the day and evening that we considered this and voted on it and we voted it out nine, zero, as your bill is on the floor. And I think that was after a lot of the deliberation. We even had to go and redraft some things to make it work. So I think you have got a good concept here. But the bottom line is that the bill does protect the military voters' opportunity, military overseas voters, the opportunity to participate in elections. So I want to congratulate you on your hard work and patience.

SENATOR VAN DE PUTTE: Thank you, Mr. Chairman. And I especially want to thank the staff of the Senate State Affairs committee and all of our staffs, members, this has been a challenge and a real work with all the reiterations, but what we bring to the floor did come out of the committee unanimously. I appreciate all that hard work.

SENATOR ELTIFE: Thank you, Senator Duncan. Senator Van de Putte now moves suspension of the regular order of business to take up and consider Committee Substitute SB100. Is there objection? Chair hears none, rules are suspended. The Chair lays out on second reading Committee Substitute SB100. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 100 relating to the adoption of voting procedures necessary to implement the federal Military and Overseas Veterans Act.

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. Floor Amendment No. 1 was brought to our attention particularly in work with the secretary of state's office and this amendment actually designates our secretary of state as the military and overseas voter coordinator. It makes sure that the state office -- the secretary of state office is that designation.

SENATOR ELTIFE: Members, you have heard the explanation of Floor Amendment No. 1. Senator Van de Putte moves adoption of nor amendment No. 1. Is there objection? Chair hears none, Floor Amendment No. 1 is adopted. Floor Amendment No. 2 by Van de Putte. Secretary, please read the amendment.

PATSY SPAW: Floor Amendment No. 2 by Van de Putte.

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

SENATOR VAN DE PUTTE: Thank you, Mr. President and members. This Floor Amendment cleans up the Committee Substitute that we drafted during our State Affairs hearing, and it really does two things. It clarifies the date of the replacement nominees have to be certified, because we changed the filing deadline and we have to mail ballots again 45 days before an election. We had to change the certification guideline for replacement nominees. And this is done the 71st day before the election, it's currently the 70th day. And then your state party chairs have to certify a replacement nominee by 5:00 p.m. on the 69th day, and currently it's the 67. And we moved these two to make sure they're compliant. The second part of the amendment, we talked about it extensively in committee, is the local officials asked if they could have authority needed to change their length of terms in order to comply with local elections. For example, if they decide to move their May elections to the November, they would have to have the authority to change their length of terms. And general law municipalities have either one or three year terms may change their length of term to two years. So those are the two things, again, the wording on the length of terms is permissive so that if cities and local jurisdictions do need that authority that they are given so. And, members, I move adoption of Floor Amendment No. 2.

SENATOR ELTIFE: Members, Senator Van de Putte moves adoption of Floor Amendment No. 2. Is there objection? Chair hairs none, Floor Amendment No. 2 is adopted. Floor Amendment No. 3 by Patrick. Secretary, please read the amendment.

PATSY SPAW: Floor Amendment No. 3 by Patrick.

SENATOR ELTIFE: We'll wait until the members get the amendment on their desk. Senator Patrick to explain the amendment.

SENATOR PATRICK: Thank you, Mr. President. Members, I believe this is acceptable to the author. Currently SB abolishes the uniform election day of even numbered years. This presents a problem to cities and districts that currently hold their elections at this time. My proposed amendment allows a political subdivision, other than a county, to conduct an election on the May uniform election date in each year in order to avoid placing an undue burden on county election resources. The amendment also provides that a political subdivision conducting an election in May of an even numbered year would not be required to contract with county elections administrator for services. My amendment, I believe, is acceptable to the author.

SENATOR ELTIFE: Senator Van de Putte on the amendment.

SENATOR VAN DE PUTTE: It is acceptable. And I appreciate it. And Senator Patrick, we've worked very hard on the amendment, we were trying to be able to accommodate the local jurisdictions and this is I think a great improvement and something that is needed. Several members had approached about this. This is a great amendment, and I do accept this.

SENATOR PATRICK: Thank you.

SENATOR ELTIFE: Senator Patrick now moves adoption of Floor Amendment No. 3. Is there objection? Chair hears none, Floor Amendment No. 3 is adopted. Senator Van de Putte is now recognized for a motion.

SENATOR VAN DE PUTTE: Thank you, Mr. President. I move passage of the Committee Substitute of Senate Bill 100 as amended to engrossment.

SENATOR ELTIFE: Senator Van de Putte now moves passage to engrossment. Is there objection? The Chair hears none, Committee Substitute SB100 as amended is passed to engrossment. Senator Van de Putte is now recognized for a motion to suspend the constitutional three day rue.

SENATOR VAN DE PUTTE: So moved, Mr. President.

SENATOR ELTIFE: The secretary will call the roll.

SENATOR ELTIFE: 28 ayes, two nays, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute SB100 as amended. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB100 relating to the option of voting procedures and to implement the federal Military Overseas Voter Empowerment Act.

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

SENATOR VAN DE PUTTE: Thank you. I move final passage of Committee Substitute to Senate Bill 100.

SENATOR ELTIFE: Senator Van de Putte now moves final passage of Committee Substitute SB100 as amended. The secretary will call the roll.

SENATOR ELTIFE: 29 ayes, one nay, Committee Substitute SB100 as amended is finally passed. Congratulations, Senator Van de Putte.

SENATOR VAN DE PUTTE: Thank you. And thank you, members.

SENATOR ELTIFE: Senator Van de Putte is now recognized for a motion to suspend the regular order of business on SJR37.

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 SJR37. Members, as I spoke a little bit earlier on SB100, moving out our December -- moving the filing deadline from the January level that it has always been to December has a great impact on the resign to run provision that's in the Texas constitution. Our constitution states, and it was put in about 50 years ago, that county officials, district clerks, District Attorneys shall be deemed to have automatically resigned their office upon announcing for becoming a candidate if more than one year is left on the term. When we changed the filing deadline to December, that would mean that the county officials would have to resign a full year in advance. When we really debated this, we realized this was not fair to county officials and we wanted to make sure that this body and the legislature could fully say that they were not inhibiting or adding to the discomfort of local officials who may wish to run for a position in the legislature. So what I have before you is actually the repeal of the resign to run. But since the time that we've had the committee and come to the floor, we've realized that we could actually do this without fully repealing that provision. So what you will see is that we will have an amendment offered by Senator Patrick that alters that slightly. Now, we will still have to have a constitutional amendment to make sure that -- because it is in our constitution, but this is even though the original one has repeal, we're going to alter it slightly, still adhering to the fact that it gives them a little bit more time but we really did not want to dissuade any county official who might want to run for the legislature. So with that, members, I move to suspend the Senate's regular order of business to take up and consider SJR37.

SENATOR ELTIFE: Senator Nichols, for what purpose?

SENATOR NICHOLS: To ask the author a question.

SENATOR ELTIFE: Senator Van de Putte yield?

SENATOR VAN DE PUTTE: I yield.

SENATOR NICHOLS: One of the -- you and I have had this discussion, I supported your other bill. But on the resign to repeal, I'm not afraid of having county commissioners and county judges and county officials run for state office, I would encourage them because they've got a good experience and good background. What concerns me about this is that -- and we ran across this at some of our other state agencies where you have a person who is on a county payroll, the taxpayers of a particular county are paying them to do a particular job and while they're being paid to do their job, they're out campaigning. Many of the counties, primarily the urban counties, that can be done inside the county structure. Those of us who are in rural counties, like I have 16 counties, and some of the West Texas guys have 40 counties plus, envision a county judge in another county being paid by the taxpayers of that county running an election in 20 or 30 other counties while he's on the payroll of the first county. How do you keep that from happening?

SENATOR VAN DE PUTTE: Well, currently -- and I don't know about staff or employees. What I do know is that the portion in article 16 section 65 of the constitution put in the resign to run, but it's only for those county officials. What we will be doing with the amendment is not repealing that resign to run but giving them the opportunity, as they do now, because right now if a county official wants to run for the legislature, they must resign in January within that filing deadline because of this provision and the timing. In moving the filing deadline to December, and it would be December 19th of 2012, that would mean that the county official would have to resign that entire year beforehand or else they couldn't run for the legislature. So I think that what you will see with the amendment, and it's our intention, is that you won't have county officials still in their capacity as county officials currently running. What they will have to do is to resign once they've placed their name really on the ballot, and that's kind of how it works now. But we will make sure as we proceed with this that we give the voters the option to do this because it's in the constitution, the only thing we can do is offer the solution to it and it will be up to the voters to decide whether they want to alter that repeal -- resign to run provision.

SENATOR NICHOLS: I'm still not quite there. You're only backing it up two weeks. Backing up the filing date two weeks. The constitutional amendment only adjust current law by two weeks with this or if somebody files to run and they're on the county payroll and they file to run in November, the primary's in March, payroll in November, will they still be on that payroll in that period of time?

SENATOR VAN DE PUTTE: They would have had to -- if we did nothing, they would have had to resign the full year ahead of time because the constitution --

SENATOR NICHOLS: The year before the filing?

SENATOR VAN DE PUTTE: Yes. And that's what happens now is that the filing deadline is in January of a new year so they finish out the term and usually at the end of December, they -- but in moving that, we were attempting to give county officials the option of not doing that. So we had thought about just repealing that resign to run, but what you will see with Senator Patrick's amendment is we're not going to repeal it, what we're going to do is extend that time frame by days. So, in other words, I think if you -- hopefully we'll have enough votes to suspend and what you'll see with the amendment, what we're going to do is to make sure, as the voters intended, that you're not an elected official at the county level still holding that job and then campaigning. But this would allow them not to have to resign the full year in advance but at the time pretty much at the time of filing.

SENATOR NICHOLS: Okay. Thank you very much.

SENATOR VAN DE PUTTE: And I know it's complicated but it is the way it was worded originally over 50 years ago in that resign to run, it was the full year.

SENATOR NICHOLS: As long as they're not on the payroll of the taxpayers while they're running, that's fine with me.

SENATOR VAN DE PUTTE: That's correct.

SENATOR ELTIFE: Senator Ellis, for what purpose?

SENATOR ELLIS: To ask the Senator a question.

SENATOR ELTIFE: Senator Van de Putte yield?

SENATOR VAN DE PUTTE: I yield, sir.

SENATOR ELLIS: Senator, as you know, I'm going to offer an amendment which will simply make it clear that this constitutional amendment shall be submitted to the voters this November only if the secretary of state certifies that the legislature has moved the primary filing deadline to the year before the primary is held. So I just wanted to mention that and ask will it be acceptable to you, so at least members know that in the event we don't have to do this, we won't submit this to the voters.

SENATOR VAN DE PUTTE: That's correct. And, Senator, I was gong to mention that before I asked for the full suspension of the rules in that we want to make sure that for some reason, if we are not compliant, if we, for some reason, something happens and we don't move that filing deadline, that the SJR doesn't proceed unless that filing deadline is actually moved to December. And I will be accepting that amendment.

SENATOR ELLIS: I just wanted to mention so that it might give members a little less heartburn. Thank you.

SENATOR VAN DE PUTTE: Thank you, Senator.

SENATOR ELTIFE: Senator Van de Putte moves suspension of the regular order of business to take up and consider SJR37. Is there objection? Chair hears none, rules are suspended. Chair lays out on second reading SJR37. The secretary will read the caption.

PATSY SPAW: SJR37 proposing a constitutional amendment to repeal a provision that requires the automatic resignation of certain officials.

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

PATSY SPAW: Floor Amendment No. 1 by Patrick.

SENATOR ELTIFE: Senator Patrick to explain the amendment.

SENATOR PATRICK: Mr. President, I just visited with the author and I just want to pull this down a moment. I just want to make sure it's written exactly as we intended.

SENATOR ELTIFE: Senator Patrick temporarily withdraws Floor Amendment No. 1. Floor Amendment No. 2 by Ellis. Secretary, read the amendment.

PATSY SPAW: Floor Amendment No. 2 by Ellis.

SENATOR ELTIFE: Senator Ellis, if you would one second, we'll get that on the members' desks. Make sure they have it in their hands. Senator Ellis to explain Floor Amendment No. 2.

SENATOR ELLIS: Mr. President and members, this is the amendment I spoke about a second ago. It provides that the constitutional amendment shall be submitted to the voters this November only if the secretary of state certifies that the legislature has moved the primary filing deadline to the year before the primary is held. In other words, we don't need to repeal the resign to run provision if the primary stays within the same calendar year, as it is currently today. And this amendment is acceptable to the author unless you all just really want to repeal the resign to run provision anyway, I'll be more than happy to pull it down if this gives any of you any heartburn.

SENATOR ELTIFE: Senator Van de Putte.

SENATOR VAN DE PUTTE: Thank you, Mr. President. In visiting with most members of the committee, and we had talked about it during the committee hearing, that that was one of the things, and we talked about this Floor Amendment at the committee hearing to be able to put it here to make sure that if for some reason the filing deadlines stays in the January time frame by the end of this legislative session, that the SJR would not go forward, we wouldn't need to go forward with it. It could stay as is, and it is acceptable. Unless there are any other questions of our colleagues for Senator Ellis.

SENATOR ELTIFE: Senator Ellis moves adoption of Floor Amendment No. 2. It is acceptable to Senator Van de Putte. Is there objection? Chair hears no objection. Floor Amendment No. 2 is adopted. Members, we'll wait one minute on Senator Patrick with Floor Amendment No. 1.

SENATOR VAN DE PUTTE: Mr. President.

SENATOR ELTIFE: Yes, Senator Van de Putte.

SENATOR VAN DE PUTTE: I move to temporarily postpone further consideration of SJR37 just to make sure that we've got the correct wording, and so I'd like to temporarily postpone that and bring it back, members, when we've got the clarification on the amendment.

SENATOR ELTIFE: Members, you heard Senator Van de Putte's motion. Is there any objection to postponing SJR37? Hearing none, so ordered. Thank you, Senator Van de Putte. Senator Watson is recognized for a motion to suspend the regular order of business on SB821.

SENATOR WATSON: Thank you, Mr. President and members. This is a local bill related to the Travis County health care district. Senate Bill 821 would allow for the health care district, which is a relatively new district, if you look around the state at urban areas, to be able to make financial contributions and capital contributions to medical training, educational training to dental research occurring within the district. Members, this bill passed out of the Senate health and human services committee on a nine to zero vote. However, there's been some concerns that have been raised that some of you have heard about since passage. So I'm going to offer an amendment to this bill once we suspend that will make sure that any public institution or organization that receives funding for medical, dental or clinical education cannot use any part of that money either directly or indirectly to provide or refer for abortion or abortion related services. Mr. President, I move suspension of the rules.

SENATOR ELTIFE: Senator Lucio, for what purpose?

SENATOR LUCIO: Will the gentlemen yield?

SENATOR ELTIFE: Senator Watson yield?

SENATOR WATSON: Yes.

SENATOR LUCIO: Senator. I think you and I have had at least one or two conversations on medical education and possibility of medical school, you know, here in Austin in the near future. Where exactly does this particular bill take us in regards to the creation of a new medical school?

SENATOR WATSON: Well, it really will depend on how things play out in terms of a medical school as such, but currently there's a lot going on in the community where there's more medical education being done in a variety of different ways. For example, Seaton Medical Center has entered into an affiliation agreement with the University of Texas Southwestern Medical School. There's the provision of residency programs as part of all of that. There's also nursing programs, and what we want to do with this bill is create another source of revenue opportunity to help fund some of those different aspects of medical education. So it won't necessarily create a medical school, but it would allow one other aspect for funding of medical education.

SENATOR LUCIO: So it is your intent with this bill and any other action that can possibly take place to be able to work toward the creation of a four year medical school in this community, correct?

SENATOR WATSON: Oh, absolutely. As you and I have discussed in the past, this state is woefully behind in the amount of doctors that it needs. In fact, it's in the like the 45th out of the 50th -- maybe 42nd out of 50, I can't remember the exact number right now in terms of per capita. And as you and I have also talked about, the two -- probably potentially the two greatest areas of (inaudible) in terms of population without a medical school is the area you represent and the area I represent. And in addition to that both of those areas have high needs in terms of safety net. And one of the things that we know is that when you have more medical education in certain areas, you get some help with regard to those safety net needs.

SENATOR LUCIO: You know, the medical schools that have been created over the years have gone through a process in terms of research, you know, studies, higher education coordinating board has played a significant role in that. Can you share with us any studies or any information that might have been given to you by the higher education coordinating board that would -- that would indicate whether or not this region of the state would be ready now or four years from now, ten years from now, you know, for a medical school? You know, I mean, where exactly does the higher education coordinating board stand on this issue?

SENATOR WATSON: I haven't had that discussion with the higher education coordinating board. As you know, we passed some legislation yesterday out of the higher education committee that would put the higher education -- completely unrelated to this bill -- well, I say completely unrelated, funding sources could make a difference down the road, so it has some relationship. But the bill yesterday that we passed unanimously out of the higher education committee is one that would say that the higher education coordinating board could do evaluations, so you might be able -- local communities could create system health centers. So my hope is that that bill will ultimately pass and be signed into law that would allow some of the analysis. But here locally, without looking at just the higher education coordinating board, focusing on medical education separate and apart from just a place that you call a medical school, the data shows that we only have 28 -- positions for a population in this area of over million in Travis County. And only 37 percent of those provide primary care. As I indicated, the state of Texas as a whole ranks 45th in the number of physicians per capita. So what's been happening in central Texas is that there has been an aggressive effort in the past few years to increase medical education in a variety of different ways including, as I indicated, having our local hospitals do funding in the millions of dollars -- in the millions of dollars to help with residency programs, to help with programs at the University of Medical Center at Brackenridge, Dell Children's and helping with nursing education. What this bill is that we're talking about, this specific local bill would do is it would allow the Travis County health care district, which was created only a few years ago, Travis County was one of the last large counties to go to a health care district, what it would allow it to do is use some of the money that it has for medical education as opposed for direct provision of services.

SENATOR LUCIO: Well, I, you know, respect and admire the work that you're doing and trying to achieve this goal, we're grappling with a budget that doesn't have much money in it, you know, and addressing the needs of just every category of state government, public education, higher education, medical education. And I'm just wondering down the road whether or not we're going to be able to have the necessary funding -- for example, right now there's -- I'm -- you know -- some of the things I need to make sure that we expand and move on to the medical school that I would like to see created in Rio Grande Valley is Article 11. We all it a wish list. It's an area of the budget that calls for maybe hoping that something might happen between now and the end of the session. I don't think there will be anything happening. My only concern is this, there's no way that the Rio Grande Valley can compete against this area because of the money that is found here, the corporations, the businesses and all, and I would hate to find ourselves in a situation where we set up a methodology or formula by which we follow that finds ourselves -- that would find ourselves looking at helping those areas of the state that can put up certain amounts of funds, contributions, you know, to accomplish a goal such as this. That's my only concern. And, you know, if you look at the studies that have been done, if you look at the preparation that has taken place over the years, you know, we help Texas Tech. I was here when they were trying to develop their programs, El Paso, I was here to help them. You know, it was their turn, so to speak. I don't want us to forget the direction we're going because it's very hard, Senator, to compete against a metropolitan area, the state capital, an area where you find yourselves a multitude of corporations that can support and give all kinds of contributions to make a medical school happen. That's my only concern. I'm going to vote with you to move your bill forward, but I want us to all understand that we worked very hard over the years to try to create medical education in an area of the state that's forever been underfunded, forever come last in line for so many things that we've tried to do. This a major, major issue for us down south, and I hope that we're able to fit the bill, so to speak, when it comes to helping every other area of the state that's looking forward to establishing a medical school. We have Texas A&M down the road here in Round Rock, the Texas Health and Science Center that's already in the process of doing the same thing. So I just want us to understand that somewhere down the line, the state of Texas is going to have to step up to the plate and make sure that their medical institutions of higher learning are funded. And I certainly would hope that we could create one in every large metropolitan area of the state. I'm just very concerned that, you know, we leave -- during this period of time that we're working on toward accomplishing our goals, we leave them out. I don't want to see them happen. We're here today, we might not be here tomorrow. And whoever takes over might not pick up the slack and that's something of great concern. I'm going to support you.

SENATOR WATSON: Thank you. And as I told you, I support the creation of a medical school and, in fact, I think my other legislation will help you in that regard. This specific legislation, though, is to allow for a local community to do more in medical education the same way you have done things locally in your part of the state. With that, Mr. President, I would again move suspension of the rules.

SENATOR ELTIFE: Senator Watson moves suspension of the regular order of business to take up and consider SB821. The secretary will call the roll.

SENATOR ELTIFE: 27 ayes, three nays, the rule is suspended. The Chair lays ow on second reading SB821. The secretary will read the caption.

PATSY SPAW: Senate Bill 821 relating to the authority of the Travis County health care district to make capital or financial contributions to charitable organizations.

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

PATSY SPAW: Floor Amendment No. 1 by Watson.

SENATOR ELTIFE: Senator Watson to explain the amendment.

SENATOR WATSON: Yes, thank you. Members, this is the amendment I explained when I was moving to suspend the rules, but let me be clear. The amendment does two things. It adds a public institution to the type of organization that can receive funding and it clarifies that the public institution or charitable organization receiving funding cannot use any part of that funding directly or indirectly to provide or refer for abortion or abortion related services. I move adoption of the amendment.

SENATOR ELTIFE: Members, you heard the explanation of Floor Amendment No. 1 by Senator Watson. Now, Senator Watson moves adoption of Floor Amendment No. 1. Is there objection? Chair hears none, Floor Amendment No. 1 is adopted. Senator Watson is now recognized for a motion.

SENATOR WATSON: Mr. President, I move passage of Senate Bill 821 as amended to engrossment.

SENATOR ELTIFE: Senator Watson now moves passage to engrossment., is there objection? Chair hairs none, SB821 is passed to engrossment. Senator Watson is now recognized for a motion to suspend the constitutional three day rule.

SENATOR WATSON: So moved, Mr. President.

SENATOR ELTIFE: The secretary will call the roll.

SENATOR ELTIFE: 25 ayes, five nays, the rule is suspended. The Chair lays out on third reading and final passage SB821 as amended. The secretary will read the caption.

PATSY SPAW: Senate Bill 821 relating to the authority of the Travis County health care district to make capital or financial contributions to charitable organizations.

SENATOR ELTIFE: Senator Watson is recognized for a motion.

SENATOR WATSON: Mr. President, I move final passage of SB821 as amended.

SENATOR ELTIFE: Senator Watson moves final passage of SB821 as amended. The secretary will call the roll.

SENATOR ELTIFE: 26 ayes, four nays, SB821 as amended is finally passed. Congratulations, Senator Watson.

SENATOR WATSON: Thank you, Mr. President; and thank you, members.

SENATOR ELTIFE: The Chair lays out as a matter of postponed business SJR37 by Van de Putte. And the Chair now recognizes Senator Patrick on Floor Amendment No. 1.

SENATOR PATRICK: Thank you, Mr. President, for your patience and members. And, Senator, we just wanted to be sure that everyone understood the amendment and we had the language correct. Everyone understands it, the language is correct. What this amendment does, members, it moves back the date by 30 days since we're keeping the election on the same day for filing into December and so that we stay consistent with the law now, what the amendment says if any of the officers shall announce their candidacy or shall, in fact, become a candidate many (inaudible) primary for office of profit or trust under the laws of the state of the United States other than the office then held at any time with the unexpired term of the office then held shall exceed one year and days, it's currently one year under the law. We're adding 30 days to it. Such announcement or such candidacy shall constitute an automatic resignation of the office then held.

SENATOR ELTIFE: Senator Van de Putte on the amendment.

SENATOR VAN DE PUTTE: Thank you, Mr. President. Excellent amendment by Senator Patrick, and it does exactly the purpose for which it was stated, and it is acceptable.

SENATOR PATRICK: Thank you.

SENATOR ELTIFE: Senator Patrick now moves adoption of Floor Amendment No. 1. It is acceptable to Senator Van de Putte. Is there objection? Chair hears none, Floor Amendment No. 1 is adopted. Senator Van de Putte is now recognized for a motion.

SENATOR VAN DE PUTTE: Thank you. I move passage of SJR36 as amended to engrossment.

SENATOR ELTIFE: Senator Van de Putte now moves passage to engrossment. Is there objection? Chair hears none, SJR37 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: So moved.

SENATOR ELTIFE: The secretary will call the roll.

SENATOR ELTIFE: 29 ayes, one nay, the rule is suspended. Chair lays out on third reading and final passage SJR37 as amended. The secretary will read the caption.

PATSY SPAW: SJR37 proposing a constitutional amendment to repeal the provision that requires automatic resignation of certain officers.

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

SENATOR VAN DE PUTTE: Thank you. I move final passage of SJR37.

SENATOR ELTIFE: Senator Van de Putte moves final passage of SJR37 as amended. The secretary will call the roll.

SENATOR ELTIFE: 30 ayes, zero nays, SJR37 as amended is finally passed. Congratulations, Senator Van de Putte.

SENATOR VAN DE PUTTE: Thank you. And thank you, members.

SENATOR ELTIFE: Senator Wentworth, you ready on 917? Senator Wentworth is now recognized for a motion to suspend the regular order of business on SB917.

SENATOR WENTWORTH: To answer your question, yes, Mr. President, I've been ready on Senate Bill 917 for about three hours.

SENATOR ELTIFE: Well --

SENATOR WENTWORTH: I move to suspend the regular order of business to take up and consider on third reading Senate Bill 917 relating to emergency service district reform which we passed unanimously yesterday.

SENATOR ELTIFE: Senator Wentworth has been waiting for three-hours to move suspension of the regular order of business to take up and consider SB917. Is there objection? Chair hears none, rules are suspended. Chair lays out on third reading and final passage SB917. The secretary will read the caption.

PATSY SPAW: Senate Bill 917 relating to emergency service districts.

SENATOR ELTIFE: Senator Wentworth is recognized for a motion.

SENATOR WENTWORTH: Thank you, Mr. President. I move final passage of Senate Bill 917.

SENATOR ELTIFE: Senator Wentworth finally gets to move final passage of SB917. The secretary will call the roll.

SENATOR ELTIFE: 30 ayes, zero nays, SB917 is finally passed. Congratulations. Following motion in writing. Secretary, read the motion.

PATSY SPAW: Permission to introduce bills. Mr. President, I move suspension of Senate rule 7.07B to permit the introduction of the following bills: Senate Bill 104 by Wentworth relating to the definition of a governmental body for the purpose of an open meeting and public information law; Senate Bill 1905 by Uresti relating to the provision and emergency services in certain rural counties using admission fees charged in state parks; SJR52 by Ogden proposing a constitutional amendment clarifying that a tax imposed on certain business entities is not subject to section article 8 Texas constitution and imposing certain limitations on the computation of a tax imposed on a business entity. Motion by Whitmire.

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

PATSY SPAW: SJR52 by Ogden proposing a constitutional amendment clarifying that a tax imposed on certain business entities is not subject to section article 8 Texas constitution. To Finance. Senate Bill 1904 by Wentworth relating to the definition of a governmental body for the purposes of the open meeting and public information law. To Open Government. Senate Bill 1905 by Uresti relating to provision of emergency services in certain rural counties using admission fees charged at state parks. To Agriculture and Rural Affairs. House Bill 205. To Finance. House Bill 563. To Transportation and Homeland Security. House Bill 610. To Administration. House Bill 679. To Intergovernmental Relations. House Bill 716. To Natural Resources. House Bill 1091. To Intergovernmental Relations. House Bill 1344. To Criminal Justice. House Bill 1404. To Jurisprudence. House Bill 1554. To Education. House Bill 1732. To Finance. House Bill 1808. To Government Organization. House Bill 2014. To Criminal Justice. House Bill 2271. To Government Organization. House Bill 2376. To Business and Commerce.

SENATOR ELTIFE: Members, the president's desk is clear. Are there any announcements? Senator Uresti, you're recognized for an announcement.

SENATOR URESTI: Thank you, Mr. President and members, I move to suspend Senate rule 11.10 paragraph A so that the Senate committee on administration can meet at Senator Eltife's desk upon adjournment to consider pending business.

SENATOR ELTIFE: Members, you heard the motion by Senator rue Uresti, is there objection? Hearing none, so ordered. Thank you, Senator Uresti. Senator Harris, you're recognized.

SENATOR HARRIS: Thank you, Mr. President. I move to suspend the 24-hour posting rule in accordance with Senate rules 11.10, 11.18 so that the committee on jurisprudence may meet at my desk upon adjournment.

SENATOR ELTIFE: Members, you have heard the motion by Senator Harris, is there objection? Chair hears none, so ordered. Senator Ogden's recognized.

SENATOR OGDEN: Mr. President and members, the Senate finance committee will reconvene at 3:15. 3:15.

SENATOR ELTIFE: Thank you, Senator Ogden. Senator Shapiro, you're recognized.

SENATOR SHAPIRO: 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 at my desk upon adjournment to vote out pending bills. Please come so we can do it quickly. Thank you.

SENATOR ELTIFE: Thank you, Senator Shapiro. Members, are there any other announcements? Any other announcements? Members, if you would, we have some memorials that will take place upon adjournment. Thank you. The Chair recognizes the Dean of the Senate for a highly privileged motion.

DEAN OF THE SENATE: Mr. President, before I move to adjourn, I'd like to yield to our colleague Senator Ogden.

SENATOR ELTIFE: Chairman Ogden is recognized.

SENATOR OGDEN: Mr. President, it's my sad privilege to memorialize Staff Sergeant Scott H. Burgess of Franklin, Texas. Staff Sergeant Scott H. Burgess along with Staff Sergeant Michael Lamberg of Tonowanda, New York died April 4th of wounds suffered from small arms fire in Fariad province, Afghanistan. It is reported that the two soldiers were providing security at a meeting between U.S. commanders and the Afghan border police when an Afghan police officer opened fire deliberately killing them. They were assigned to the first battalion, 84th field artillery regiment, 170 infantry combat team and were promoted posthumously. At the age of 32, Staff Sergeant Burgess was known as "Old Man" to his unit, but the close knit Franklin community who have been deeply impacted by his loss called him Scotty. He leaves behind his wife Jennifer and two daughters, Haley and Amy, and parents Sam and Deb and extended family. Staff Sergeant Burgess' funeral will be in the First Baptist Church of Franklin tomorrow. I ask that we adjourn in his memory with sorrow but also with respect, admiration and gratitude for his life and his sacrifice on our behalf.

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

DEAN OF THE SENATE: Mr. President, before I adjourn, I would move that Senator Ogden's remarks be reduced to writing and for the purpose that Senator Ogden had expressed to me earlier, he would like to send the parents copies of the Senator's remarks. So I would move at this time that we reduce Senator Ogden's words to writing and be placed in the journal.

SENATOR ELTIFE: Members, you have heard Dean Whitmire's motion. Is there objection? Hearing none, so ordered. Dean Whitmire.

DEAN OF THE SENATE: I move that the Senate adjourn until 11:00 a.m. Monday April 18th in memory of Staff Sergeant Burgess, Senator Teal Bivens, Senator Don Kinard, Congressman Charley Wilson, and Senator J.P. Worthy. So moved.

SENATOR ELTIFE: Members, Senator Whitmire moves that the Senate adjourn until 11:00 a.m. Monday April 18th, is there objection? Chair hears none, the Senate stands adjourned until 11:00 a.m. Monday April 18th. Thank you, members.

(Adjourned.)