Senate Transcript, April 19, 2011

LT. GOVERNOR DEWHURST: Senate come to order. And the secretary will call the roll.

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

LT. GOVERNOR DEWHURST: Before we start this morning I'm going to recognize Senator Watson to introduce our chaplain of the day.

SENATOR WATSON: Thank you very much, Mr. President and members. I wanted to take an opportunity to introduce Chaplain Steven Vaughan who is with us. Chaplain Vaughan joined the National Army Texas Guard as a chaplain in 1986 and he's had various assignments but most recently he was with 36th sustainment brigade which he mobilized Iraq. He had been a wonderful servant of our country and his awards include the army achievement medal, two army commendation medals, two meritorious service medals, the combat action badge and the bronze star. We are quite honored, Chaplain, to have you with us today and provide us with the invocation. Thank you very much for your wonderful service to our country and for serving the Senate today. God bless you.

LT. GOVERNOR DEWHURST: Thank you, Senator Watson. A quorum is present. Would all those on the floor please rise this morning and in the gallery please rise for the invocation to be delivered by Colonel Captain Chaplain Steven Vaughan, the Texas Army National Guard.

PASTOR: Would you please join me? Our Father, we bow before You as this august body goes about the business of providing for the citizens of our state. The challenges have been and are great. We humbly ask that You would grant Your divine wisdom not for our glory or our advancement but rather that our citizens might lead a quiet life of godliness and peace. We are challenged today, Father, with weather and the consequent fires that have devastated our state. Keep Your Hand of protection upon those who fight these fires, strengthen those who have lost so much already. And in Your mercy and kindness, Father, we ask for relief from this unusual weather. We ask in Your blessed name. Amen.

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

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

LT. GOVERNOR DEWHURST: Admit the messenger.

MESSENGER: Mr. President, I'm directed by the House to inform the Senate that the House has taken the following action, the House has passed the following measures. HB992 by Castro relating to excess under graduate --

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

SENATOR BIRDWELL: Thank you, Mr. President. Members, I'm pleased to have Autumn Parker from Midlothian County serving as an honorary page today. I know all the members appreciate the work the pages and messengers do for us. I'd also like to recognize her grandfather joining us today as well, Mr. Bill Carson, in the north gallery. Thank you, Autumn and Bill for joining us. Members, please join me in welcoming Autumn and Bill today to our Texas Senate. Thank you.

LT. GOVERNOR DEWHURST: Senator Davis. Senator Davis. Did you wish today a -- Chair recognizes Senator Davis for an introduction.

SENATOR DAVIS: Thank you so much, Mr. President. It's my privilege to introduce Taylor Smith. Taylor, if you'll stand up. She's one of our pages for the day in our Senate office. She's a 5th grader at (inaudible) Carlson Applied Learning Center. Her favorite subject is reading, her favorite sports are basketball and softball. And when Taylor grows up she either wants to be a veterinarian or a crime scene investigator, and I'm sure she'll be wonderful at either of those or whatever she decides to do. This is her visit to the Capitol, and we are very, very proud to have Taylor with us today. Thank you, Taylor, for coming all the way from Fort Worth.

LT. GOVERNOR DEWHURST: Senator Wentworth, for what purpose?

SENATOR WENTWORTH: Mr. President, I just wanted to add something on Taylor Smith's introduction by Senator Davis. I just had a little chat with Taylor, she's in the 5th grade and she said that as a result of today's visit she might be a candidate for the legislature in the future.

LT. GOVERNOR DEWHURST: All right. Excellent, excellent, good. We need bright young men and women to join us in the future. Chair recognizes Senator Lucio for an announcement.

SENATOR LUCIO: Thank you, Mr. President. Members, I too want to introduce a special young man who is assisting us here on the Senate floor today. If you will stand up, Thomas Farmer is a 4th grader at Trinity Episcopal School in Galveston, Texas. He is ten years old and is a very active young man. He enjoys, baseball, hunting, fishing and skiing and I'm going to have to introduce him to golf too. I would also like to introduce Ms. Lillie Adams from Austin, she is an 8th grader at O. Henry Medical School and enjoys theater and politics. Watch out, guys, here she comes. Members, help me welcome these great young Texans to the Senate chamber.

LT. GOVERNOR DEWHURST: The Chair lays out the following Senate Resolution No. 733 by Senator Deuell. The secretary will read the resolution.

PATSY SPAW: Senate Resolution No. 733 declaring April 19th, 2011, as Balch Springs Day at the State Capitol by Deuell.

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

SENATOR DEUELL: Thank you, Mr. President. Members, I'd like to recognize a special group of citizens and constituents here from Balch Springs to celebrate Balch Springs Day at the Capitol. Incorporated in 1953 Balch Springs lies within Dallas County and has grown to nearly 20,000 residents. Bordered by the cities of Mesquite and Dallas, residents of Balch Springs are proud of their independence and the variety of cultural and recreational opportunities their city offers citizens and visitors. Access to two great school districts, a new library and various sports complexes makes Balch Springs a great place to raise a family and I am proud to represent them in the Texas Senate. I'm happy to have the delegates from Balch Springs here. They're joining us here I believe in the west gallery, and I'd like you to welcome them to the Capitol. Mr. President, members, this is a happy day to have my friends here from Balch Springs, but it's also a sad day. A good friend of mine, T. Bird Gordon passed away yesterday. As the husband of the mayor of Balch Springs Carrie Gordon, T. Bird Gordon was a Grammy winning musician. And if anyone had a heart as big as Texas and a love for all Texans and all people it was T. Bird and we're going to miss him. And later on I'd like to have us dedicate this session in memory of T. Bird Gordon. Thank you.

LT. GOVERNOR DEWHURST: Thank you, Senator Deuell. Members, you heard the motion by Senator Deuell. Is there objection from any member? The Chair hears no objection, and the resolution is adopted. The Chair signs in the presence of the Senate the following Senate bills.

PATSY SPAW: Senate Bill 983, Senate Bill 890, Senate Bill 832, Senate Bill 785, Senate Bill 737, Senate Bill 727, Senate Bill 684, Senate Bill 567, Senate Bill 525, Senate Bill 458, Senate Bill 386, and Senate Bill 309.

LT. GOVERNOR DEWHURST: Members, if there's no objection, I'd like to postpone the reading and referral of bills and resolutions until the end of today's session. Is there objection from any member? Chair hears no objection. So ordered. Chair recognizes Senator Deuell for a motion.

SENATOR DEUELL: Okay. Thank you, Mr. President. On April 13th, 2011, Governor Perry requested that the nomination of Bob McCann to be a member of the Coastal Coordination Council be withdrawn. Mr. McCann resigned on April 4th, 2011. Mr. President and members, the governor requests that the Senate return this nomination to him. I move that the Senate grant this request from the governor and return this nomination.

LT. GOVERNOR DEWHURST: Members, Senator Deuell moves that the Senate grant the request of the governor and return the nomination of Bob McCann for employment to the Coastal Coordination Council. Is there objection from any member? Hearing no objection from any member the motion is adopted. And the nomination is returned to the governor.

SENATOR DEUELL: Thank you.

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

SENATOR DEUELL: Thank you, Mr. President. Members, Wednesday I will move to confirm the nominees listed on the committee action report placed on your desk. These nominees were taken up at our Monday April 18th meeting plus a nominee that was heard in an earlier meeting Chip Roy. Thank you.

LT. GOVERNOR DEWHURST: Members, that concludes the morning call. We've got a lot of bills. Senator Nelson, are you ready on Senate Bill 7? Excuse me, I understand. Chair recognizes Senator Uresti for an introduction.

SENATOR URESTI: Thank you, Mr. President, members. I think they're getting ready to leave, but we have Concordia Lutheran Middle School here and the students over here in the blue T-shirts, they're from San Antonio. They're here with Ms. Buffington, Ms. Davis, Mr. Hammond and Catherine Granados and the rest of her fellow students. Would y'all help me welcome them to their State Capitol? Thank you.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Nelson for a motion to suspend the Senate's regular order of business to take up and consider Committee Substitute to Senate Bill 7.

SENATOR NELSON: Thank you, Mr. President. I move to suspend the regular order of business to take up and consider the Committee Substitute to Senate Bill 7. Mr. President and members, the goal of this legislation is to better focus our Medicaid dollars on the results we want. Healthy outcomes. And to reduce our cost associated with waste, inefficiency and preventable medical errors. The Committee Substitute to Senate Bill 7 establishes the Medicaid CHIP quality based payment advisory committee, it directs that committee to proposed quality based outcome measures that reward healthy outcomes and discourage waste such as preventable emergency room visits, readmissions and complications. It allows the Health and Human Services Commission to adjust Medicaid and CHIP reimbursements based on the committee's recommendations. It creates incentives for Medicaid and CHIP providers who achieve savings by (inaudible) medical homes for clients, it implements copayments for nonemergency visits to our hospital emergency rooms. It directs the commission to study and implement a physician incentive program to reduce nonemergency use of the emergency room, and it directs the Department of Aging and Disability Services to study expansion for pay for performance programs in long-term care and community based services. These provisions are based on our interim recommendations of our Health and Human Services Committee. Our intent is to ensure that the dollars we invest in health and human services are achieving the results we want, which is healthy patients. Mr. President, I move suspension.

LT. GOVERNOR DEWHURST: Members, you heard the motion by Senator Nelson, is there objection from any member? Chair hears no objection from any member, and the rule is suspended. The Chair lays out on second reading Committee Substitute to Senate Bill 7. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 7 relating to strategies for improvements in quality of health care provided through and care management in the child health plan.

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

SENATOR NELSON: I move passage of Committee Substitute to Senate Bill 7 to engrossment.

LT. GOVERNOR DEWHURST: Thank you. Members, you heard the motion by Senator Nelson. Is there objection from any member? The Chair hairs no objection from any member and Committee Substitute to Senate Bill 7 passes to engrossment. Chair recognizes Senator Nelson to suspend the rule that bills be read on three several days.

SENATOR NELSON: I do move that we suspend the constitutional rule that bills be read on three several days.

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

LT. GOVERNOR DEWHURST: There being 30 ayes and one nay, the rule is suspended. Chair lays out on third reading and final passage Committee Substitute to Senate Bill 7. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 7 relating to strategies for and improvements in quality health care provided through and care management in the child health plan.

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

SENATOR NELSON: Mr. President, I move final passage of Committee Substitute to Senate Bill 7.

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

LT. GOVERNOR DEWHURST: There being 31 ayes and no nays, Committee Substitute to Senate Bill 7 is finally passed. Thank you. A very, very important bill.

SENATOR NELSON: You are very, very welcome. Thank you, thank you.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Nelson for a motion to suspend the Senate's regular order of business to take up and consider a Committee Substitute to Senate Bill 8.

SENATOR NELSON: Mr. President, I move to suspend the regular order of business to take up and consider the Committee Substitute to Senate Bill 8. Mr. President and members, Senate Bill 8 is similar to Senate Bill 7 that we just passed in that it contains many of the same objectives: Efficiency, reducing errors and improving patient outcomes. However, Senate Bill 8 is meant to accomplish these objectives across all types of health care not just Medicaid and CHIP. The Committee Substitute to Senate Bill 8 allows health care providers to collaborate to improve health care quality and efficiency. It converts the existing health care policy council into the Texas Institute of Health Care Quality and Efficiency to study and make recommendations on improving health care transparency, quality, and efficiency in Texas. It requires the Department of State Health Services to coordinate with hospitals to develop a statewide patient wristband protocol. It allows the department to participate in the National Health Care Safety Network for a statewide reporting of health care associated infections and preventable adverse events. It requires the department to publicly report hospital rates of preventable readmissions and complications across all payers. It requires the department to study and make recommendation on reporting patient safety risk in long-term care facilities. It requires the department to develop a program that recognizes exemplary health care facilities and it increases the efficiency of our health and human services agencies by allowing the department to share health related data within the department and with the Health and Human Services Commission. Mr. President, I move suspension.

LT. GOVERNOR DEWHURST: Members, you heard the motion by Senator Nelson. Is there objection from any member? The Chair hears no objection from any member, and the rule is suspended. Chair lays out on second reading Committee Substitute to Senate Bill 8. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 8 relating to improving the quality and efficiency of health care.

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

SENATOR NELSON: I move passage of Committee Substitute to Senate Bill 8 to engrossment.

LT. GOVERNOR DEWHURST: Thank you, Senator. Members, you heard the motion by Senator Nelson. Is there objection from any member? Chair hears no objection from any member and Committee Substitute to Bill 8 passes to engrossment. Chair recognizes Senator Nelson for a motion to suspend the constitutional rule that bills be read on three several days.

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

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

LT. GOVERNOR DEWHURST: There being 30 ayes and one nay, the rule is suspended. Chair lays out on third reading and final passage Committee Substitute to Senate Bill 8. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 8 relating to improving quality and efficiency of health care.

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

SENATOR NELSON: Thank you, Mr. President. I move final passage of the Committee Substitute to Senate Bill 8.

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

LT. GOVERNOR DEWHURST: There being 31 ayes and no nays, Committee Substitute to Senate Bill 8 is finally passed. Once again, congratulations.

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

LT. GOVERNOR DEWHURST: Senator Davis. Chair recognizes Senator Davis for a motion to suspend the Senate's regular order of business to take up and consider Committee Substitute to Senate Bill 536.

SENATOR DAVIS: Thank you, Mr. President. I move to suspend the Senate's regular order of business to take up and consider the Committee Substitute for Senate Bill 536. Members, Senate Bill 536 is meant to clarify law from 2001. Section 37.0021 of the education code was instituted as law because restraints used on students with disabilities had led to student deaths. The statute introduced training and reporting to prevent such incidents from happening again. When the law was established in '01, it was meant to exempt local peace officers such as city or county peace officers performing their duties on school district property. Senate Bill 536 is meant to clarify that peace officers or who are employed or contracted by the school district are not exempt from section 37021 of the education code. If the peace officer is not performing law enforcement duties but instead is performing on behalf of the school district and restrains the student with disabilities. However, Senate Bill 536 continues to maintain the exemption for school district peace officers performing law enforcement duties. Mr. President, I move to suspend the regular order of business.

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

SENATOR OGDEN: Ask the author a question.

LT. GOVERNOR DEWHURST: Will Senator Davis yield?

SENATOR DAVIS: Yes, of course.

SENATOR OGDEN: Senator Davis, I was listening to your explanation and I'm wondering how you can apply a law that changes dependent on how a peace officer is performing. I'm assuming once a peace officer, always a peace officer. And how do you tell a difference from a legal standpoint saying, yeah, you're performing your duties as a peace officer, so therefore you're not covered under this restriction. No, you're not performing your duties as a peace officer, so you are. It seems to me like it's not a very clear line.

SENATOR DAVIS: I understand the distinction, and actually there's a very clean line that's created. The clean line is created when the school district actually hires and employs a person who's working in their off duty capacity as a peace officer for the school district. If they're acting really in the role of a security official on behalf of the school district and they are not functioning in their public role as a police officer. What this intends to provide is that when they are operating in their independent contractor role, when they've been specifically hired as a private security function for the school district that they are also to follow the restraint rules and regulations that were put in order for all other school district employees. They would maintain status as a school district independent contracted employee in this role.

SENATOR OGDEN: So when I go in a public high school and I see a law enforcement officer there in uniform, is it fair to me to assume that because they're in uniform, they're performing their duties as a law enforcement officer or is that ambiguous?

SENATOR DAVIS: They actually are performing a duty on behalf of the school district where local interagency agreements are entered into between the school district and the police department. And when they're in that role, when they're functioning in that role where they have been hired and are being paid for and are employed by the school district through that interlocal agreement, they then are acting in the capacity of an employee and an agent of the school district.

SENATOR OGDEN: Now, I suppose you're bringing this bill because of an example of where we needed to change the law. Can you give me either why you're carrying this bill or give me an example of why we need to pass it?

SENATOR DAVIS: Yes. In a school district that I represent, an issue arose where the school was not sure whether it had the authority to ask the peace officer to comply with their restraint provisions and this is to clarify that they do indeed have the opportunity to provide the training and the expectation with regard to the use of the restraints.

SENATOR OGDEN: But clearly they have that authority if the peace officer is a contract security guard. I mean, it's just a matter of contract. I mean, I know they have the authority. If you say, I'm going to hire you to do X, you can say in the contract you agree to comply with our -- I mean, they got that authority, so I'm not sure --

SENATOR DAVIS: The disability community brought this concern forward, and if you'd like so that we can talk with my staff and give you the more specific examples of the concerns they raised, I'd be happy to pull the bill down momentarily so we can do that.

SENATOR OGDEN: Okay. That would be fine with me. My concern is that it's a pretty tough job being a law enforcement officer, and I don't want to create an ambiguity in the law where they're basically unsure whether they can do their duties as a law enforcement officer and I'm afraid this bill does that.

SENATOR DAVIS: I think, Senator Ogden, if you allow me the opportunity to explain to you a little better the provisions of 370021, all 370221 does is specify the way in which a student must be restrained. And there's particular training that's a very important part of this because, believe it or not, the restraint of students, particularly those with disabilities, have led to student deaths. And the authority for a school district to require that a peace officer -- because peace officers were specifically excluded from the provision of this statute when it was passed, because they were specifically excluded, this question has arisen. Are they excluded when they come on to the campus and respond to an emergency and they're acting with their hat on as a peace officer in response to a call that's been made or are they also excluded when they're there day after day after day and part of the their inherent job is the restraint sometimes of students who are out of line. And many times were unfortunately the restraint is required for a student who has an intellectual disability and for whom very specialized training is required with regard to the use of confinement or restrain of a student to be sure that it's being done in a way that's physically safe for them. This is about making sure that they're allowed to require that training and to expect of that peace officer working on their behalf as a contract employee that they would utilize the same restraint mechanisms that any other school district employee would employ.

SENATOR OGDEN: To your knowledge is there any objection to this bill?

SENATOR DAVIS: No. No one objected to the bill. In fact, the peace officers support the bill and we worked out the language in way that they felt really defined particularly the role they were playing at the point in time that this would apply to them and they came and spoke in support at the committee hearing on the bill.

SENATOR OGDEN: Okay. In the case of the Houston Independent School District which has I think their own police officer, how would this bill affect them?

SENATOR DAVIS: If they are their own police officer and that officer doesn't act in the capacity of a peace officer --

SENATOR OGDEN: So that's what I believe about that qualification, how does anybody know if they're acting in the capacity of a peace officer or not? I mean, if the person is unruly, if they're disruptive, if they're threatening their classmates, how do you know --

SENATOR DAVIS: No. That's not how it's defined. When I was on the city council, for example, we would allow our police officers who formed police functions to also be hired independently of their function as a police officer. They might be security officers at gun shows or they might provide security for arts festivals downtown, they also provide security for school districts and we have interlocal agreements where a school district could hire a peace officer to function in that role. When they did, when they were functioning in that role, they are functioning not as a public peace officer, they're functioning as a private security detail essentially for the school district. And this is to clarify that when they are in that role, not when they drive up in their squad car because they've been called, and it's not that it depends on what they're doing inside the building that defines it. It's what they're doing while they're in the building. They're in the building because they were hired by the school district to be in the building, but the school district wants to be able to train them on the use of restraints and require that they use the restraints in the way that the law allowed because so often, even though this restraint bill was passed in a past session, unfortunately the people who are most often charged with utilizing restraints are the privately hired. Otherwise in their regular life peace officers on the street who are in the school day-to-day-to-day and they're the ones who are being called upon to restrain the students in a way that can actually endanger them if they haven't had the proper training.

SENATOR OGDEN: I think the best thing to do is let's go ahead and move the bill, and I'll express my concern. But I know police officers are trained in their law enforcement duties to know what a proper restraint is. I know that. So, you know, I think I made the point. I won't keep going on, but I think this creates a real ambiguity and in the case where you have a real situation where that could be construed as illegal behavior. Whether a peace office is hired to be a peace officer or a security guard, they have the right to act in their capacity as a peace officer to enforce the law whether they're hired as a security guard or not I think. And if that's the case, I think this bill could create a big ambiguity in the law that wasn't previously there.

SENATOR DAVIS: Well, I appreciate your concern, Senator. And as I said, we had no objection at all to this bill. In fact, we worked with law enforcement associations, so we had their support on the bill. And at this time, Mr. President, I would move to suspend the regular order of business.

LT. GOVERNOR DEWHURST: Thank you, Senator Davis. Senator Hinojosa, for what purpose do you rise?

SENATOR HINOJOSA: To ask Senator Davis a question.

SENATOR DAVIS: Yes, Senator Hinojosa.

SENATOR HINOJOSA: Senator Davis, as you well know we had a lot of issues in terms of school district police officers issuing a lot of class C misdemeanors to students. And many of them lack the proper training to deal with special education students or how to deescalate a situation where there may be a school fight. Does your bill address any of that or just set up a reporting system?

SENATOR DAVIS: It actually addresses the training for dealing particularly with the special education community. And, again, that was the genesis of this bill. It came to us from the special education community because so often those are the students that require some kind of confinement of their personal space, whether it's through a constraint or another mechanism and this does provide the ability for school districts to require that that training be part of a security officer's expectation when they're working on behalf of the district in that capacity.

SENATOR HINOJOSA: I think that's very important for the simple reason that right now one of the fastest growing areas in our schools is police on campus. And, as you well know, the techniques that you use outside in the world outside the school district are very differently. We deal with students who are disrupting the class or chew gun or pushing each other or shoving, you require a certain type of training that's very different than your normal law enforcement person.

SENATOR DAVIS: Thank you.

SENATOR HINOJOSA: I think you got a good bill.

SENATOR DAVIS: Thank you, Senator Hinojosa.

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

SENATOR ZAFFIRINI: To ask a question of the author.

LT. GOVERNOR DEWHURST: Will Senator Davis yield?

SENATOR DAVIS: Yes, of course.

SENATOR ZAFFIRINI: Senator Davis, is there a specific definition of law enforcement duty in your bill?

SENATOR DAVIS: Good question. Hang on. I am sure there is, Senator. Just a moment. I know it says it in my bill brief, but it defines law enforcement duty. I'm looking for the exact definition for you real quick. Law enforcement duties. If you go to page of the bill line 8, law enforcement duties means activities of a peace officer relating to the investigation and enforcement of state criminal laws and other duties authorized by the code of criminal procedure. And we added that because the law enforcement agencies wanted us to clarify that they would continue to have exemption from the application of this law where they were acting in that particular capacity.

SENATOR ZAFFIRINI: So that particular definition in your bill addresses some of the questions that had been raised about it.

SENATOR DAVIS: Yes. Thank you, Senator.

SENATOR ZAFFIRINI: Thank you, Senator.

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

LT. GOVERNOR DEWHURST: There being 29 ayes and two nays, the rule is suspended. The Chair lays out on second reading Committee Substitute to Senate Bill 536. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 536 relating to the use of certain discipline management practices or behavior management techniques by peace offices employed or commissioned by school districts.

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

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

LT. GOVERNOR DEWHURST: Members, you heard the motion by Senator Davis. Is there objection from any member? Is there objection from any member? The Chair hears s no objection from any member, and Committee Substitute to Senate Bill 536 passes to engrossment. Chair recognizes Senator Davis for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR DAVIS: Thank you. So moved, Mr. President.

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

LT. GOVERNOR DEWHURST: There being 28 ayes and three nays, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to Senate Bill 536. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 536 relating to the use of certain discipline management practice or behavior management techniques by police officers employed or commissioned by school districts.

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

SENATOR DAVIS: Thank you, Mr. President. I move final passage of the Committee Substitute to Senate Bill 536.

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

LT. GOVERNOR DEWHURST: There being 29 ayes and two nays, Committee Substitute to Senate Bill 536 is finally passed.

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

LT. GOVERNOR DEWHURST: Chair recognizes Senator Lucio for a motion to suspend the Senate's regular order of business to take up and consider Committee Substitute to Senate Bill 1250.

SENATOR LUCIO: Thank you, Mr. President and members. I'd like to suspend the Senate's regular order of business and all necessary rules to take up and consider the Committee Substitute for Senate Bill 1250. With the population of approximately 6100 people in the heart of the downtown lies a growing recycling industry that employs in the city of La Faria, that employes over a hundred people that is anticipated to create an additional 25 well paying skill labored positions in the near future. Developing an honorable reputation and recycling waste concrete and scrap, La Faria is the home of the largest recycling waste in the Rio Grande processing over a hundred tons of recycled concrete daily. Its current recycling and brick manufacturing facility has a four-point lead value of stewardship of resources and sensitivity to manufacture and impacts. It achieves this by being 100 percent enclosed by walls of 14-foot thickness around the entire facility to insulate those parallels and sounds. Now, under current statute a concrete crushing facility is prohibited from operating within 440 yards of a single or multiple family residence or schools or place of worship. This statute was adopted in 2001 by the 77th Legislature. Now, the Committee Substitute of Senate Bill 1250 provides additional guidance to this section of the health and safety code by adding bracketing language specific for the city of La Faria, Texas to allow the green manufacturing and recycling industry to flourish to bring additional jobs. Mr. President, I move suspension of the rules.

LT. GOVERNOR DEWHURST: Members, you heard the motion by Senator Lucio. 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 1250. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1250 relating to applicability of certain restrictions on the location and operation of concrete crushing facility.

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

SENATOR LUCIO: Thank you, Mr. President. I'd like to move passage to engrossment at this time.

LT. GOVERNOR DEWHURST: Thank you, Senator Lucio. Members, you heard the motion by Senator Lucio. Is there objection from any member? The Chair hears no objection from any many member? Committee Substitute to Senate Bill 1250 passes to engrossment. Chair lays out on -- the Chair recognizes Senator Lucio for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR LUCIO: So moved, Mr. President.

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

LT. GOVERNOR DEWHURST: There being 30 ayes and one nay, the rules are suspended. Chair lays out on third reading and final passage Committee Substitute to Senate Bill 1250. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1250 relating applicability of certain restrictions on the location and operation of concrete crushing facilities.

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

SENATOR LUCIO: Mr. President, I'd like to move final passage of Committee Substitute for Senate Bill 1250.

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

LT. GOVERNOR DEWHURST: There being 31 ayes and no nays, Committee Substitute to Senate Bill 1250 is finally passed. Congratulations.

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

LT. GOVERNOR DEWHURST: Senator Duncan, do you mind approaching the podium? I was trying to get an idea, members, on our timing this afternoon. With Senate finance meeting. So at the present time I'm planning on continuing the session until 3:00, stopping at 3:00 so Senate finance can go in and take care of their business this afternoon. So if we finish early -- depending on how long the Senate finance -- if we keep going until 3:00 and Senate finance starts at 3:15, whether we hold Chair meetings and nonchair meetings this afternoon is going to depend on the progress in Senate finance. But we'll call each and every office. Okay? Senator Harris. The Chair recognizes Senator Harris for a motion to suspend the Senate's regular order of business to take up and consider Senate Bill 717.

SENATOR HARRIS: Thank you, Mr. President. I move to suspend the regular order of business to take up and consider Senate Bill 717 at this time. This relates to the duties of the Council on Children and Families. The bill encourages the Council on Children and Families to address communications problems between youth service agencies by promoting the sharing of information regarding children and their families among state agencies and then identifying technical methods to ensure the efficient and timely transfer of information among state agencies. Mr. President, I move suspension.

LT. GOVERNOR DEWHURST: Thank you, Senator Harris. Members, you heard the motion by Senator Harris. Is there objection from any member? The Chair hears no objection, and the rule is suspended. The Chair lays out on second reading Senate Bill 717. The secretary will read the caption.

PATSY SPAW: Senate Bill 717 relating to the purpose and duties of the Council on Children and Families.

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

SENATOR HARRIS: Mr. President, I move passage of Senate Bill 717 to engrossment.

LT. GOVERNOR DEWHURST: Thank you, Senator Harris. Members, you heard the motion by Senator Harris. Is there objection from any member? The Chair hears no objection from any member, and Senate Bill 717 passes to engrossment. Chair recognizes Senator Harris for a motion.

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

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

LT. GOVERNOR DEWHURST: There being 30 ayes and one nay, the rule is suspended. Chair lays out on third reading and final passage Senate Bill 717. The secretary will read the caption.

PATSY SPAW: Senate Bill 717 relating to purpose and duties of the Council on Children and Families.

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

SENATOR HARRIS: Mr. President, I move final passage of Senate Bill 717.

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

LT. GOVERNOR DEWHURST: There being 31 ayes and no nays, Senate Bill 717 is finally passed.

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

LT. GOVERNOR DEWHURST: Senator Eltife, you mind coming?

SENATOR ELTIFE: Senator Deuell. 866. Senator Deuell is recognized for a motion to suspend the regular order of business on Committee Substitute SB866.

SENATOR DEUELL: Thank you, Mr. President and members. I move to suspend the Senate's regular order of business so that we can take up and consider at this time the Committee Substitute for 866. Members, during the interim session Senator Huffman and I served on a committee with others that are experts in the field of dyslexia. It's a study of how Texas is meeting the needs of dyslexic students. We found the state has strong law regarding instruction in dyslexia and some of the best institutions and experts in the nation on this issue, but we also heard that many students are falling through the cracks. Senate Bill 866 is intended to address these concerns that were raised at those meetings and included in our report is that anyone getting a teaching certificate through the traditional route will have to receive training in the detection and education of students with dyslexia. This was developed by a panel of experts. Two, continuing education for teachers will have to include the latest information educating students with dyslexia. Three, teachers will have to reevaluate tests for students with dyslexia before requiring they be retested. A Texas education agency will develop a plan for incorporating the latest technologies into the classroom for students with dyslexia. The bill has no unfunded mandates and has been endorsed by most of the large educational groups. I consider this bill to be a first step towards improving the treatment and protection of dyslexia in our state, and I plan to continue working on the issue. I move suspension at this time.

SENATOR ELTIFE: Senator Deuell moves suspension of the regular order of business to take up and consider Committee Substitute 866. Is there objection? The Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute SB866. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 866 relating to the education of public school students with dyslexia.

SENATOR ELTIFE: Senator Deuell is recognized for a motion.

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

SENATOR ELTIFE: Senator Deuell moves massage to engrossment. Is there objection? The Chair hears none, Committee Substitute to SB866 is passed to engrossment. Senator Deuell is now recognized for a motion to suspend the constitutional three day rule.

SENATOR DEUELL: So moved.

SENATOR ELTIFE: The secretary will call the roll.

SENATOR ELTIFE: 30 ayes, one nay, the rule is suspended. The Chair lays out on third reading and final passage of Committee Substitute SB866. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 866 relating to the education of public school students with dyslexia.

SENATOR ELTIFE: Senator Deuell is recognized for a motion.

SENATOR DEUELL: Thank you, Mr. President. Members, I move final passage of the Committee Substitute to Senate Bill 866.

SENATOR ELTIFE: Senator Deuell moves final passage of Committee Substitute SB866. The secretary will call the roll.

SENATOR ELTIFE: 31 ayes, zero nays, Committee Substitute to SB866 is finally passed. Congratulations, Senator Deuell.

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

SENATOR ELTIFE: Senator Watson is now recognized for a motion to suspend the regular order business to take up and consider Committee Substitute SB295.

SENATOR WATSON: Thank you, Mr. President, members. I move to suspend the Senate's regular order of business to take up and consider at this time the Committee Substitute to Senate Bill 295. This bill adds emergency services personnel to the list of individuals in the enhanced penalty category for assault. At the time we passed Committee Substitute to Senate Bill 295 out of the committee we had been working with advocates from the mental health community and statewide nursing and hospital associations to make sure that we had the kind of bill that we wanted to have. We had language in the Committee Substitute to Senate Bill 295, but I wanted to bring it to the floor so we would have some additional time to work with these groups. And over the past several days we have developed consensus language which limits any unintended consequences of the bill on individuals with mental impairments and I'll have an amendment today that reflects this goal. 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 SB295. Is there objection? Chair hears none, the rules are suspended. The Chair lays out on second reading Committee Substitute to SB295. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 295 relating to the definition of emergency services personnel for purposes of the enhanced penalty prescribed for an assault --

SENATOR ELTIFE: Floor Amendment No. 1 by Watson. Secretary, please 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 and members. This was the amendment I was just talking about. It provides an examination to the enhanced penalty if a patient assaults emergency room staff and if the emergency room staff has not received training in deescalation in crisis intervention techniques. A training must meet minimum standards proposed by Department of State Health Services. Again, the amendment was agreed to by a diverse stakeholder group including the Texas Nurses Association and Disability Rights texas. I move adoption of the amendment.

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

SENATOR WATSON: Mr. President, I move passage of the Committee Substitute to Senate Bill 295 as amended to engrossment.

SENATOR ELTIFE: Senator Watson now moves passage to engrossment. Is there objection? Hearing none, SB25 as amended is passed to engrossment. Senator Watson is now recognized for a motion to suspend the constitutional three day rule.

SENATOR WATSON: So moved.

SENATOR ELTIFE: The secretary will call the roll.

SENATOR ELTIFE: 30 ayes and one nay, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute SB295 as amended. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 295 relating to the definition of emergency services and personnel.

SENATOR ELTIFE: Senator Watson is recognized for a motion.

SENATOR WATSON: Mr. President I move final passage of Committee Substitute to Senate Bill 295 as amended.

SENATOR ELTIFE: Senator Watson now moves final passage of Committee Substitute SB295 as amended. The secretary will call the roll.

SENATOR ELTIFE: 31 ayes, zero nays, Committee Substitute to Senate Bill 295 is finally passed. Congratulations, Mr. Watson.

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

SENATOR ELTIFE: Senator Duncan is now recognized for a motion to suspend the regular order of business on Committee Substitute SB1258.

SENATOR DUNCAN: Thank you, Mr. President and members. Senate Bill 1258 deals with abandoned and nuisance building in small communities. Some of the communities in rural west Texas and I'm sure east Texas and other areas of the state are facing difficulties with a growing number of abandoned buildings within their city limits. These buildings pose many health hazards and safety risk to the communities. Most of these communities would like to undertake a program that demolish these buildings, but the problems and challenges they meet financially are almost insurmountable. The demolition cost is -- not only is the demolition cost very costly, but the debris must be taken to a municipal solid waste facility which is sometimes 80 to 100 miles away and that makes it economically unfeasible for some of these small communities. Senate Bill 1258 authorizes TCEQ to draft rules allowing the governing body of a county or city with a population of 10,000 or less to dispose of these abandoned structures. The disposal would take place within a land owned or controlled by a county or city and must meet TCEQ's area exemption requirements. I do have a minor floor amendment that will make the rule making mandatory rather than permissive, because as the bill was first filed, it would give interested parties an opportunity to address any concerns they may identify. And so we want to make the rule making authority mandatory in the amendment. With that I move to suspend the Senate's regular order of business to take up and consider the Committee Substitute for Senate Bill 1258.

SENATOR ELTIFE: Senate Duncan moves suspension of the regular order of business to take up and consider Committee Substitute to Senate Bill 1258. Is there objection? The Chair hears none, rules are suspended. The Chair lays out on second reading Committee Substitute to Senate Bill 1258. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1258 relating to the disposal of demolition waste from abandoned and nuisance buildings.

SENATOR ELTIFE: The following amendment. Secretary read the amendment.

PATSY SPAW: Floor Amendment No. 1 by Duncan.

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

SENATOR DUNCAN: Thank you. This amendment, as I explained during the suspension, is to make the rule making mandatory rather than permissive.

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

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

SENATOR ELTIFE: Senator Duncan now moves passage to engrossment. Is there objection? Hearing none; Committee Substitute SB1258 as amended is passed to engrossment. Senator Duncan is now recognized for a motion to suspend the constitutional three day rule.

SENATOR DUNCAN: So moved to suspend the constitutional three day rule.

SENATOR ELTIFE: The secretary will call the roll.

SENATOR ELTIFE: 30 ayes, one nay, the rule is suspended. Chair lays out on third reading and final passage Committee Substitute SB1258 as amended. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB1258 relating to the disposal of demolition and waste.

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

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

SENATOR ELTIFE: Senator Duncan moves final passage of Committee Substitute SB1258 as amended. The secretary will call the roll.

SENATOR ELTIFE: 31 ayes, zero nays, Committee Substitute to Senate Bill 1258 is finally passed. Congratulations, Senator Duncan.

SENATOR DUNCAN: Thank you, Mr. President.

SENATOR ELTIFE: Senate Zaffirini is recognized for a motion to suspend the regular order of business on SB44.

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 44 relating to the detention and transportation of persons for mental health purposes. Mr. President and members, research shows that incarcerating a person with mental illness who has not been charged with a crime exacerbates the person's illness. More than 50 percent of suicides in jails are committed within the first 24 hours of incarceration and percent are committed within the first three hours. To address the occurrence, the state should take action to prevent persons with mental illness from being incarcerated for an extended period of time if they have not been charged with a crime. Current Texas law requires that the local mental health authority ensure that 24-hour emergency screening services, rapid crisis stabilization services, community based crisis residential services or hospital services are available in each area. That is -- currently that is not addressed in this bill. It also requires that local mental health authorities maintain short detention facilities as a proper alternative to incarcerating persons with a mental illness. This bill limits the detention of persons with a mental illness to a maximum of 12 hours and only in an emergency room or other appropriate facility as determined by local mental health authority is more than 75 miles away. The bill also requires maintenance and short-term detention facilities and prohibits the use of certain types of restraints. Mr. President, I must suspension.

SENATOR ELTIFE: Senator Zaffirini moves suspension of the regular order of business to take up and consider SB444 is there objection? Secretary. Please call the roll.

SENATOR ELTIFE: 30 ayes, one nay, the rule is suspended. The Chair lays out on second reading SB44. The secretary will read the caption.

PATSY SPAW: SB4 relating to the detention and restraining of a person with mental illness.

SENATOR ELTIFE: Senator Duncan, for what purpose?

SENATOR DUNCAN: Dialogue with the author.

SENATOR ELTIFE: Senator Zaffirini yield?

SENATOR ZAFFIRINI: I do.

SENATOR DUNCAN: Thank you, Mr. President. And, Senator Zaffirini, I support your bill and have worked on policies that establish a better system for managing mentally ill individuals who interface with the criminal justice system. However, I'm concerned about the impact of this legislation on rural hospitals. And you and I have discussed this quite a bit over the years and as you have brought this bill forward. As you know, in rural communities there will most likely not be very many mental health facilities available, which leaves the new third option, the hospital emergency room, that is provided for in your bill as the only option for peace officers who have detained mentally ill individuals. They will only be able to take them to the rural hospital ER where the facility may not be fully equipped or staffed to handle a mentally ill patient in crisis. I think everyone recognizes it's not a perfect world, and there's not a perfect solution to everything. But I would ask that as we move forward with this bill and in the interim and as we continue to deal with this problem that we be mindful of the potential impact that this will have and be willing to revisit the issue during the interim or next session if the changes in your bill have an unmanageable impact in the rural hospital emergency rooms.

SENATOR ZAFFIRINI: Absolutely, Senator. And, as you know, we've been working on this almost four years so we certainly have taken all of these interests and concerns into consideration and we will continue to address those interests and needs during the interim to come.

SENATOR DUNCAN: Thank you, Senator.

SENATOR ZAFFIRINI: Thank you, Senator.

SENATOR ELTIFE: Thank you, Senator Duncan. Senator Zaffirini is recognized for a motion.

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

SENATOR ELTIFE: Senator Zaffirini moves passage to engrossment. Is there objection? The secretary will call the roll.

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

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

SENATOR ELTIFE: The secretary will call the roll.

SENATOR ELTIFE: 29 ayes, two nays, the rule is suspended. The Chair lays out on third reading and final passage SB44. The secretary will read the caption.

PATSY SPAW: SB44 relating to the detention and transportation of a person with mental illness.

SENATOR ELTIFE: Senator Zaffirini is recognized for a motion.

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

SENATOR ELTIFE: Senator Zaffirini moves final passage of SB44. The secretary will call the roll.

SENATOR ELTIFE: 30 ayes, one nay, SB44 is finally passed. Congratulations, Senator Zaffirini.

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

SENATOR ELTIFE: Senator West is recognized for a motion to suspend the regular order of business on SB167.

SENATOR WEST: Thank you very much, Mr. President and members. Mr. President and members, at this time I move to suspend the Senate's regular order of business to take up and consider at this time Committee Substitute to Senate Bill 167. Members, Senate Bill 167 would provide the district or county attorneys of jurisdiction to represent an exoneree in having all public records that were a part of the wrongful conviction case expunged. Since the first DNA exoneration in 1989, 266 exonerations have taken place in the United States. The most recent figures says about 41 of those exonerations have occurred in Texas. The most in any state. Twenty-four in my home county of Dallas. So what this particular bill does is it provides a mechanism whereby an exoneree does not have to use a private attorney in order to go through the expunction process, the district county attorney that's in the jurisdiction where the exoneration takes place would be able to represent the exoneree getting the records related to the offense expunged. I move suspension of the regular order of by.

SENATOR ELTIFE: Senator West moves suspension of the regular order of business to take up and consider Committee Substitute SB167. Is there objection? The Chair hears none, the rules are suspended. The Chair lays out on second reading Committee Substitute to SB167. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 167 relating to automatic expunction of arrest records and file after an individual receives a pardon.

SENATOR ELTIFE: Senator West is recognized for a motion.

SENATOR WEST: Moves passage to engrossment.

SENATOR ELTIFE: Senator West now moves passage to engrossment. Is there objection? The Chair hears none, the bill 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: Senator Williams, for what purpose?

SENATOR WILLIAMS: Ask Senator West a question.

SENATOR ELTIFE: Senator West yield?

SENATOR WILLIAMS: Senator West, I'm looking at the witness list for Senate Bill 167, and I'm wondering why in the world you would have someone from the Texas Daily Newspaper Association come and testify against your legislation. I think you have got a good bill here.

SENATOR WEST: We probably need to call them to a meeting and find out why they're doing that.

SENATOR WILLIAMS: Thank you.

SENATOR ELTIFE: Senator West is 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: 30 ayes and one nay, the rule is suspended. Chair lays out on third reading and final passage Committee Substitute SB167. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB167 relating to expunction of arrest records after an individual receives a pardon.

SENATOR ELTIFE: Senator West is recognized for a motion.

SENATOR WEST: For all the citizens in the great state of Texas that have been wrongfully convicted, I move final passage of Committee Substitute to Senate Bill 167.

SENATOR ELTIFE: Senator West moves final passage of Committee Substitute SB167. Secretary will call the roll.

SENATOR ELTIFE: 31 ayes, zero nays, Committee Substitute SB167 is finally passed. Congratulations, Senator West.

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

SENATOR ELTIFE: Senator Williams. 267. Senator Williams is recognized for a motion to suspend the Senate's regular order of business on SB267.

SENATOR WILLIAMS: Thank you, Mr. President. Members, Texas law imposes a minimal gifting tax of only $10 on a vehicle that's transferred between two related parties rather than being charged the normal six and a quarter sales tax that's imposed on motor vehicle sales. We have found several examples of title service companies that were taking advantage of this by forging a gift tax affidavit and paying the tax office only the $10 fee and then charging their customer the full six and a quarter percent and pocketing the difference. This bill seeks to correct that. Mr. President, I move that we suspend the Senate's regular order of business to take up and consider the Committee Substitute to Senate Bill 267.

SENATOR ELTIFE: Senator Williams moves suspension of the regular order of business to take up and consider Committee Substitute SB267. Is there objection? Chair hears none, rules are suspended. Chair lays out on second reading Committee Substitute SB267. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB2678 relating to the joint statement regarding the transfer of a motor vehicle.

SENATOR ELTIFE: Senator Williams is recognized for a motion.

SENATOR WILLIAMS: I move passage to engrossment.

SENATOR ELTIFE: Senator Williams now moves passage to engrossment. Is there objection? The Chair hears none, Committee Substitute SB267 is passed to engrossment. Senator Williams is now recognized for a motion to suspend the constitutional three day rule.

SENATOR WILLIAMS: So moved.

SENATOR ELTIFE: The secretary will call the roll.

SENATOR ELTIFE: 30 ayes, one nay, the rule is suspended. Chair lays out on third reading and final passage Committee Substitute SB267. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB267 relating to a joint statement regarding a transfer of a motor vehicle.

SENATOR ELTIFE: Senator Williams is recognized for a motion.

SENATOR WILLIAMS: I move final passage.

SENATOR ELTIFE: Senator Williams now moves final passage of Committee Substitute SB267. The secretary will call the roll.

SENATOR ELTIFE: 31 ayes and no nays, Committee Substitute to SB267 is finally passed. Congratulations, Senator Williams.

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

SENATOR ELTIFE: Senator Hegar is recognized for a motion to suspend the regular order of business on Committee Substitute SB1225.

SENATOR HEGAR: Thank you, Mr. President. Thank you, members. Senate Bill 1225 deals with a situation in Senate District 18 whereby 14,202 acres located in Caldwell County is currently located in both two groundwater conservation districts. In August of 2010 the attorney general issued an opinion on a similar matter that two different groundwater districts or two governing bodies cannot exercise jurisdiction over the same territory. This legislation is in order to try to present and solve that problem. So Senate Bill 1225 removes acreage, the 14,202 acres from the groundwater conservation district Gonzales County and moves it into Plum Creek. However, the landowners actually have the option of which groundwater district they want to be in, and we've set up a process in this bill to allow them to pick which district they want to be part of. And I would move to suspend the Senate's regular order of business to take up and consider Committee Substitute to Senate Bill 1225.

SENATOR ELTIFE: Senator Deuell, for what purpose?

SENATOR DEUELL: Senator Hegar, this seems like a local bill, but it was on the floor. Is there any --

SENATOR HEGAR: No. They told me I could go ahead and move it today, so I'd like to go ahead and move it to the House side. It is a local bill. It involves my county, one county that I represent but I'd like to move it over to the House, because if we don't pass this legislation, unfortunately the only other way to solve this problem is lawsuits. And I know parties will sue law and it is going to cost my constituents, so I want to make sure in the interest of this session we get it done.

SENATOR DEUELL: Thanks.

SENATOR ELTIFE: Senator Hegar has moved suspension of the regular order of business to take up and consider Committee Substitute SB1225. Is there objection? Hearing none, rules are suspended. Chair lays out on second reading committee tout SB1225. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB1225 relating to the deannexation of certain land in Caldwell County.

SENATOR ELTIFE: Senator Hegar is recognized for a motion.

SENATOR HEGAR: Move passage to engrossment.

SENATOR ELTIFE: Senator Hegar moves passage to engrossment. Is there objection? Hearing none, Committee Substitute SB1225 is passed to engrossment. Senator Hegar is recognized for a motion to suspend the constitutional three day rule.

SENATOR HEGAR: So moved.

SENATOR ELTIFE: The secretary will call the roll.

SENATOR ELTIFE: 30 ayes, one nay, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute SB1225. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB1225 relating to the deannexation of certain land in Caldwell County.

SENATOR ELTIFE: Senator Hegar is recognized for a month.

SENATOR HEGAR: Move final passage of Committee Substitute to Senate Bill 1225.

SENATOR ELTIFE: Senator Hegar now moves final passage of Committee Substitute SB1225. The secretary will call the roll.

SENATOR ELTIFE: 31 ayes, zero nays, Committee Substitute SB1225 is finally passed. Congratulations, Senator Hegar. Senator Estes is now recognized for a motion to suspend the regular order of business on SB1356.

SENATOR ESTES: Thank you, Mr. President and members. Members, currently a person who owns one or more horses, hogs, dogs, sheep or goats in this state may register a tattoo mark or an other generally accepted animal identification method with the Department of Public Safety for their exclusive use. The registration is then forwarded to the county clerk or the county where the animal is registered. This method of tattoo registration is not often used because most people just prefer to register the tattoos for livestock directly with the county. So Senate Bill 1356 repeals subchapter E of chapter 144 of the agriculture code so a person would simply register the marking with the county. So I move to suspend the constitutional order of business and the Senate's regular order of business to take up and consider at this time SB1356.

SENATOR ELTIFE: Senator Estes moves suspension of the regular order of business to take up and consider SB1356. Is there objection? The Chair hears none, rules are suspended. The Chair lays out on second reading SB1356. The secretary will read the caption.

PATSY SPAW: Senate Bill 1356 relating to repeal of certain laws regulating the registration of animal tattoo marks.

SENATOR ELTIFE: Senator Estes is recognized for a motion.

SENATOR ESTES: Thank you, Mr. President. I move passage to engrossment of Senate Bill 1356.

SENATOR ELTIFE: Senator Estes moves passage to engrossment. Is there objection? Chair hears none, SB1356 is passed to engrossment. Senator Estes is now recognized for a motion to suspend the constitutional three day rule.

SENATOR ESTES: So moved, Mr. President.

SENATOR ELTIFE: The secretary will call the roll.

SENATOR ELTIFE: 30 ayes, one nay, the rule is suspended. The Chair lays out on third reading and final passage SB1356. The secretary will read the caption.

PATSY SPAW: Senate Bill 1356 relating to the repeal of certain laws regulating the registration of animal tattoo marks.

SENATOR ELTIFE: Senator Estes is recognized for a motion.

SENATOR ESTES: Mr. President, I move final passage of Senate Bill 1356.

SENATOR ELTIFE: Senator Estes moves final passage of SB1356. The secretary will call the roll.

SENATOR ELTIFE: 31 ayes, no nays, SB1356 is finally passed. Congratulations, Senator Estes. Senator Estes is now recognized for a motion to suspend the regular order of business on SB1357.

SENATOR ESTES: Thank you, Mr. President. Yes, these two are very closely related. Currently if livestock wanders onto another landowner's property, those strays are subject to agriculture code's provision for redemption impoundment and recovery. This bill addresses the current problem where the owner of an astray is known but will not redeem the astray. It clarifies the redemption process so that the owner of the stray and the owner of the property both have a fair opportunity to recover the estrayed livestock or expenses for holding the astray. So with that, Mr. President, I move to suspend the constitutional order of business and the Senate's regular order of business to take up and consider at this time SB1357.

SENATOR ELTIFE: Senator Estes now moves suspension of the regular order of business to take up and consider SB1356. Is there objection? Hearing none, the rules are suspended. Chair lays out on second reading Committee Substitute SB1357. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 1357 relating to the redemption and impoundment of estrays.

SENATOR ELTIFE: Senator Estes is recognized for a motion.

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

SENATOR ELTIFE: Senator Estes now moves passage to engrossment. Is there objection? Chair hears none, Committee Substitute SB1357 is passed to engrossment. Senator Estes is now recognized for a motion to suspend the constitutional three day rule.

SENATOR ESTES: So moved, Mr. President.

SENATOR ELTIFE: The secretary will call the roll.

SENATOR ELTIFE: 30 ayes, one nay, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute SB1357. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB1357 relating to the redemption and impoundment of astray.

SENATOR ESTES: Mr. President, I move final passage of Committee Substitute SB1357.

SENATOR ELTIFE: Senator Estes now moves final passage of Committee Substitute SB1357. The secretary will call the roll.

SENATOR ELTIFE: 31 ayes, no nays, Committee Substitute SB1357 is finally passed. Congratulations, Senator Estes.

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

SENATOR ELTIFE: Senator Duncan is now recognized for a motion to suspend the regular order of business on Committee Substitute SB1661.

SENATOR DUNCAN: Thank you, Mr. President and members. SB1661 deals with the nonprofit health organizations and physician employment protections, otherwise known affectionately as 501As. Employment of physicians is allowed by nonprofit health organizations established by health provisions in chapter 162 of the occupations code and certified by the Texas Medical Board. Statutorily these health organizations must be organized and incorporated solely by physicians and are commonly referred to as 501A organizations. Currently in the statute, and I think maybe in practice, the statute provides no provisions that provide for protections for the independent medical judgment of physicians employed by these types of organizations. This bill establishes protections of health organizations employing physicians shall not interfere with, control, or otherwise direct a physician's professional judgment. You'll recall that we originally and earlier passed the rule, the bill that allowed rural hospitals to provide employment for physicians, and in that bill we worked very closely with TMA as we did on this bill to incorporate protections for to -- for the independent medical judgment of the physician. And our goal in this legislation was to match those protections that we put in place for the rural physician employment legislation. Specifically the bill contains the following protection provisions: A requirement that the physician shall retain independent medical judgment with the health care organizations must adopt, maintain and enforce policies to ensure physicians' independent medical judgment, including credentialing quality utilization review and peer review. The physicians that are employed by these health care organizations cannot be penalized for reasonably advocating patient care. It also allows for health organizations that are associated with religious facilities that include ethical and religious directives in their physicians who contracts. It provides penalties for the Texas Medical Board to appropriately regulate or allows the Texas Medical Board to assess penalties to appropriately regulate these requirements. This bill is a product of our work with TMA, and quite frankly the Texas Hospital Association as well. I think we have reached a consensus on this language. With that explanation, unless there are questions, I move to suspend the Senate's regular order of business to take up and consider Committee Substitute for Senate Bill 1661.

SENATOR ELTIFE: Senator Duncan moves suspension of the regular order of business to take up and and consider Committee Substitute SB1661. Is there objection? Hearing none, the rule is suspended. The Chair lays out on second reading Committee Substitute SB161. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB1661 relating to regulation of health organizations certified by the Texas Medical Board.

SENATOR ELTIFE: Senator Duncan is recognized for a motion.

SENATOR DUNCAN: Move passage to engrossment.

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

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

SENATOR ELTIFE: The secretary will call the roll.

SENATOR ELTIFE: 30 ayes, one nay, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute SB16161. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB1661 relating to the health organization certified by the Texas Medical Board.

SENATOR ELTIFE: Senator Duncan is recognized for a motion.

SENATOR DUNCAN: I move final passage.

SENATOR ELTIFE: Senator Duncan moves final passage of Committee Substitute SB16161. The secretary will call the roll.

SENATOR ELTIFE: 31 ayes, no nays Committee Substitute SB1661 is finally passed. Congratulations, Senator Duncan.

SENATOR DUNCAN: Thank you. I also want to thank TMA and Texas Hospital Association and others who have worked with us to reach this fine bill's conclusion.

SENATOR ELTIFE: Senator Van de Putte, you ready? 1005? Senator Van de Putte is now recognized for a motion to suspend the regular order of business on Committee Substitute SB1005.

SENATOR VAN DE PUTTE: Thank you, Mr. President and members. I move to suspend the Senate's regular order of business to take up and consider at this time the Committee Substitute to Senate Bill 1005. Members, this is a bill that you have probably remember from last legislative session in which we tried to even the playing field for our mom and pop, our Texas smaller college bookstores, and making sure that we got a competitive market for them. The Committee Substitute -- and really want to thank particularly NFIB and the Retailers Association, our colleges and universities and bookstores, what this does is to make sure that during student orientation, student registration or textbook buy backs at the time, when most students become oriented with the available textbook market, that they have the opportunity to have some materials from our mom and pops that are in each of the communities besides the community book stores, the college operated bookstore. 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 1005.

SENATOR ELTIFE: Senator Van de Putte moves suspension of the regular order of business to take up and consider Committee Substitute 1005. Is there objection? Hearing none, rule is suspended. Chair lays out on second reading Committee Substitute 1005. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1005 relating to fair treatment of all providers of instructional materials to students enrolling to public institutions of higher education.

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

SENATOR VAN DE PUTTE: Thank you. I move passage to engrossment of Committee Substitute to Senate Bill 1005.

SENATOR ELTIFE: Senator Van de Putte now moves passage to engrossment. Is there objection? Hearing none, Committee Substitute 1005 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, Mr. President.

SENATOR ELTIFE: The secretary will call the roll.

SENATOR ELTIFE: 30 ayes, one nay, the rule is suspended. The Chair now lays out on second reading Committee Substitute to SB11005. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1005 relating to fair treatment of all providers of instructional materials.

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 1005.

SENATOR ELTIFE: Senator Van de Putte now moves final passage of Committee Substitute SB1005. The secretary will call the roll.

SENATOR ELTIFE: 31 ayes, no nays Committee Substitute SB1005 is finally passed. Congratulations, Senator Van de Putte. Senator Rodriguez is recognized for a motion to suspend the regular order of business on Committee Substitute SB860.

SENATOR RODRIGUEZ: Thank you, Mr. President. Mr. President and members, Senate Bill 616 addresses a problem that we've had for a long time in West Texas and in other parts of the state where we have a lot of cactus plants that are being stolen or in some way being transported without complying with applicable Department of Agriculture regulations. Senate Bill 616 amends the agriculture code to regulate the growers and transporters of certain desert plants. This bill has been passed through the full Senate unanimously three times, Mr. President. Most recently it was SB212 from the 81st legislative session which passed the full Senate on to the local and uncontested calendar, but unfortunately died on the House general state calendar. The West Texas desert area in particular is a prime target for illegal harvesting of cacti and other succulents. So called cattle rustlers take desert plants from public land or private land without permission. These plants are then sold for profit in Texas and other states, especially Arizona and California. The (inaudible) desert is one of the most biologically rich deserts in the world and home to 1500 cactus species including may species found nowhere else. The removal of these plants in large numbers is very damaging to the delicate desert eco-system. Currently individuals who grow or harvest desert plants for sale or transport these plants out of state are required to register with the Texas Department of Agriculture. Senate Bill 1616 stipulates that as part of the registration process that's currently in place, those seeking to register must provide one of the following: Proof that the plants to be sold or transported will be harvested from the person's own land or written documentation from the owner of the property from which the plants will be harvested granting that person seeking registration permission to harvest the plants. Senate Bill 1616 also requires the person selling or transporting desert plants to have documentation certifying the sale or transport for each transaction. The documentation will be a certificate of compliance from the Texas Department of Agriculture. The bill also allows the Department of Agriculture to issue a stop sell order to step the sale or shipment of desert plants that are not accompanied by the documentation. Although the bill allows the Department of Agriculture to charge a registration fee, the department believes that they can accomplish this certification with existing resources resource. There is no fiscal note. Mr. President and members, I move that we suspend the regular order of business and all necessary rules to take and up and consider Senate Bill 1616.

SENATOR ELTIFE: Senator Rodriguez moves suspension of the regular order of business to take up and consider SB616. Is there objection? Hearing none, rule is suspended. Chair lays out on second reading SB616. The secretary will read the caption.

PATSY SPAW: SB6 relating to the sale or transportation of certain desert plants.

SENATOR ELTIFE: Senator Rodriguez is recognized for a motion.

SENATOR RODRIGUEZ: Mr. President and members, I move passage of Senate Bill 616 to engrossment.

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

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

SENATOR RODRIGUEZ: Mr. President and members, I move to suspend the constitutional rule that bills be read on three several days so that the Senate can take up and consider Senate Bill 616 on third reading and final passage.

SENATOR ELTIFE: The secretary will call the roll.

SENATOR ELTIFE: 29 ayes, two nays, the rule is suspended. The Chair lays out on third reading and final passage SB616. The secretary will read the caption.

PATSY SPAW: SB616 relating to the sale or transportation of certain desert plants.

SENATOR ELTIFE: Senator Rodriguez is recognized for a motion.

SENATOR RODRIGUEZ: Mr. President and members, I move final passage of Senate Bill 616.

SENATOR ELTIFE: Senator Rodriguez now moves final passage of SB616. The secretary will call the roll.

SENATOR ELTIFE: 30 ayes, one nay, SB616 is finally passed. Congratulations, Senator Rodriguez.

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

SENATOR ELTIFE: Senator Nichols is recognized for a motion to suspend the regular order of business on Committee Substitute SB661.

SENATOR NICHOLS: Thank you, Mr. President. I move to suspend the Senate's regular order of business to take up and consider the Committee Substitute to Senate Bill 661. This is the PUC sunset bill. Public Utility Commission oversees electric and telecommunication companies in Texas. Legislature created the PUC in 1975 to regulate rates and services of monopoly utilities as such due for competition. Since then, legislative changes have restructured and deregulated major portions of electric and telecommunication markets and PUC's focus has evolved to oversee aspects of these changes. The Electric Reliability Council of Texas, ERCOT, manages the electric grid for most of Texas. ERCOT is primarily regulated by a PUC and is governed by a 16 member board of directors as a nonprofit corporation. The office of Public Utility Council created by the legislature in 1983 is an independent agency established to represent the interests of residential and small commercial customers and state electric and telecommunication utility matters. PUC and the Office of Public Utility Council are subject to Sunset Act and will be abolished September 1 unless continued. Committee Substitute for 661 gives PUC tools for better oversight of the electric and telecommunication industries. The bill increases PUC's administrative penalty authority up to $100,000 per day for reliability related violations and authorizes PUC to issue emergency cease and desist orders for electric utilities. The bill provides for the renewal of registrations for certain telecommunication providers. 661 moves regulation of water utilities and certificates of convenience and necessity from the Texas Commission on Environmental Quality to PUC to improve rate making and consumer protection. Committee Substitute for 661 enhances the PUC's oversight of ERCOT to address high risk in its operation. The bill requires PUC to review and approve ERCOT's entire budget every year and all uses of debt financing before they are issued. Committee Substitute for 661 changes the makeup of the ERCOT board. Bill increases representation by independent members of the ERCOT board of directors and revises the protocol process so that the majority of the board drives protocol development and revisions. Finally the Committee Substitute for 661 continues PUC in the Office of Public Utility Council for 12 years. The bill also requires a review of ERCOT at the same time as a review of PUC. With that, I move the suspension of the Senate's regular order of business.

SENATOR ELTIFE: Senator Nichols moves suspension of the regular order of business to take up and consider Committee Substitute SB661. Is there objection? Chair hears none, rules are suspended. Chair lays out on second reading Committee Substitute SB661. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB661 relating to the continuation and functions of the Electric Reliability Council of Texas, the Office of Public Utility Council and the Public Utility Commission of Texas.

SENATOR ELTIFE: Members, we have several amendments to this bill, and we're going to make sure they're on your desk before we begin discussion of the amendments. Floor Amendment No. 1. Secretary, please read the amendment.

PATSY SPAW: Floor Amendment No. 1 by Hegar.

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

SENATOR HEGAR: Thank you, Mr. President and members. This amendment would essentially make sure that the Public Utility Commission does not approve nor specifically remove, yet they consult to approve and remove the actually independent members of the ERCOT board. There was discussion on the unaffiliated board members during the sunset process, and we have some language in the bill how far this would clarify to make sure and with PUC rules that have been ongoing that they do not have the ability to hire or fire the general manager nor do they have the ability to essentially put on or remove the unaffiliated board members but they need to have the ability to say yay or nay. They also -- PUC has the ability to approve the unaffiliated board members' budget, their monetary budget for travel. They're not tied with anyone, and those are paid out of ERCOT funds and that's what the PUC does today is approving their budget for unaffiliated board members and this would essentially make sure that there's a separation of powers per se there that ERCOT is independent, yet the PUC does specifically have approval to say yay or nay as an approval. A thumb's up or a thumb's down. And I think this is acceptable to the author.

SENATOR ELTIFE: Senator Nichols on Floor Amendment No. 1.

SENATOR NICHOLS: Members, this is an acceptable amendment. During sunset commission we worked to ensure that there was a level of accountability between ERCOT and PUC without making ERCOT directly under PUC. This amendment helps achieve our goal. It is acceptable. I encourage members to vote for it.

SENATOR ELTIFE: Senator Hegar moves adoption of Floor Amendment No. 1. It is acceptable to the author, Senator Nichols. Is there objection? Hearing none, Floor Amendment No. 1 is adopted. Floor Amendment No. 2 by Hegar. Secretary, read the amendment.

PATSY SPAW: Floor Amendment No. 2 by Hegar.

SENATOR ELTIFE: Senator Hegar to explain Floor Amendment No. 2. We'll give the members one minute, Senator Hegar, to get it on their desk. Thank you. Senator Hegar to explain the amendment.

SENATOR HEGAR: Thank you. Members, we have actually passed two pieces of legislation by Senator Carona, that is Senate Bill 982 as well as Senate Bill 983. Those -- the Senate Bill 983 is actually already passed the House and is on the governor's desk. 982 is on the House local calendar for this Thursday. This amendment would actually remove sections of the PUC bill that conflict with those pieces of legislation that is already passed and since the PUC bill is trailing behind those two pieces of legislation, if we do not remove those sections then, in essence, this bill would pass last and it would trump those two pieces of legislation that are on the governor's desk and one that's almost on its way. So I would move adoption of Floor Amendment No. 1, and I think it's acceptable to the author.

SENATOR ELTIFE: Senator Nichols on Floor Amendment No. 2.

SENATOR NICHOLS: Members, it is acceptable. It would help streamline the paperwork process, reduce waste.

SENATOR ELTIFE: Senator Hegar moves adoption of Floor Amendment No. 2. It is acceptable to the author, Senator Nichols. Is there objection? Hearing none, the Floor Amendment is adopted. Floor Amendment No. 3 by Senator Lucio. Secretary, please read the amendment.

PATSY SPAW: Floor Amendment No. 3 by Lucio.

SENATOR ELTIFE: Senator Lucio to explain the amendment.

SENATOR LUCIO: Thank you, Mr. President. Members, this is Senate Bill 937, Committee Substitute for that bill which recently passed the Senate chamber. The amendment requires retail electric provides to prioritize nursing homes, assisted living facilities and hospice care centers in the same ways hospitals are prioritized for the purpose of electricity restoration following the storm. I feel that this is a critical issue for the seniors in our state and the state of Texas as a whole and I want to make sure it has every opportunity to get to the governor's office. So I would hope that since you've supported this bill already in its entirety, that we can go ahead and add this amendment as well as the first two that were introduced to this important bill. With that I move adoption Mr. President.

SENATOR ELTIFE: Senator Nichols on Floor Amendment No. 3 by Lucio.

SENATOR NICHOLS: Senator, I think this is an issue. As you said, the Senate did consider already Senate Bill 937, there's also a House bill 3126. It's a policy issue that the Sunset Commission did not consider, and while I think even agrees that facilities that provide essential health care should be among the first priority for prior restoration, I do have several concerns about the bill. First, each storm is unique, the blackout we saw earlier this year was the result of freezing cold weather that affected several generators and the line stayed up. But when a hurricane blows through, lines go down. Utilities do need some flexibility to restore power as quickly as possible and this amendment says that there will not be flexibility, that they have to do it in a particular way. Secondly, I think we do need to have a very serious debate regarding this in committee with experts on all sides of this thing on whether we want to prioritize numbers of people or categories of people, try not to tie their hands too bad. I think you're doing an amazing job and some of the big hurricanes that came through our area and getting things back up, but I think these questions were beyond the sunset scope and I believe they were separate bills filed. With great respect, I do move that we table.

SENATOR LUCIO: Senator Nichols, Senator Nichols. I don't think you're informed enough about the Committee Substitute for the Senate Bill we passed out earlier. 937. Senator Nichols, we worked with all the stakeholders including the electric companies, the power companies, PUC, and everyone was in agreement with the Committee Substitute. That's why it passed out of committee unanimous, that's why it passed out of here unanimously. The amendment that we added in the new subsection clarified that the PUC in the rule making would allow utilities discretion when implementing these priority standards so what you just said has nothing to do with what I'm trying to do with this amendment. You're talking about the original bill, I was talking to you about at Committee Substitute to that bill. So I'm sorry to differ, but that's -- the PUC would have discretion when implementing these priority standards. So I think if all the stakeholders are in agreement, then this is really a good amendment and it certainly qualifies to be on your bill.

SENATOR NICHOLS: I do agree with you, it is a separate bill and it's a policy issue, not really a governing issue. And I've tried to restrain myself of putting some of my bills on these but we're trying to keep them clean. I do respect your opinion, but Mr. President, I move to table.

SENATOR ELTIFE: Thank you, Senator Lucio.

SENATOR LUCIO: I'd like to close.

SENATOR ELTIFE: Senator Lucio on the amendment.

SENATOR LUCIO: Members, we worked two years in an interim study dealing with the aging of this state. Two years. And it was a lot of hard work, as you know, because you do the same thing on other interim studies. This is a very important amendment for seniors, this is an amendment that won't hurt, you know, what power companies do after a storm, it will allow the PUC to, obviously in their rule making, use discretion in implementing these new standards, these priority standards that I talk about. So I think it would be a very good amendment to pass on this particular bill. We obviously all know that many of our bills don't pass at some point or another they die in calendars, there's a melt down. We want to make sure we help seniors, and this is a good way to do it, allowing the PUC to use discretion. So I move adoption -- or I'm asking you to vote no on the tabling motion at this time, please.

SENATOR ELTIFE: Thank you, Senator Lucio. Senator Nichols has moved to table Floor Amendment No. 3. The secretary will call the roll. The motion is to table Floor Amendment No. 3.

SENATOR ELTIFE: There being 19 ayes, one nay, the motion to table prevails. Floor Amendment No. 4 by Davis. Secretary, please read the amendment.

PATSY SPAW: Floor Amendment No. 4 by Davis.

SENATOR ELTIFE: Senator Davis to explain Floor Amendment No. 4.

SENATOR DAVIS: Thank you, Mr. President. And thank you so much, Senator Nichols, for all the hard work that you and your staff have done on this bill. Interestingly this amendment is the opposite of the conversation that you were just having with Senator Lucio. In this particular instance, what this amendment is seeking to do is to change what the PUC has recently done through rule making that really should be a policy decision of this body. And through that rule making, they've now put in place something called a switch hold rule that was not a policy conversation or decision made by the legislature but instead made by the PUC. Under that rule, the PUC can hold or can force that a customer be held with a particular retail provider if that customer has entered a deferred payment plan with the provider where they are paying out a bill that has built up with that particular provider. The most ironic piece of holding the customer with that provider is that a customer who has walked a bill, who is not committing to pay a bill with the retail provider is allowed to go to any other retail provider that they wish, but the customer who has engaged in a good faith effort to pay off their bill with a particular retail provider has now, by request of the retail provider, been held by the PUC to that particular provider. This amendment would allow a retail electric provider to choose to service any customer they choose in the deregulated electricity market. If the REP so chooses they may request that the transmission and distribution utility lift a switch hold that is preventing a customer from receiving electricity from their company. So this would actually have to come at the request of the retail provider who chooses to take this customer into their customer base. For the deregulatory market to properly function, companies and customers must be able to freely choose each other and companies should have the ability to offer their services to whomever they choose, whether they're a credit risk or not. This is a business decision that should be left to the businesses and markets. There are very few, if any, markets where the government prohibits a competitor from offering a customer their services for any reason including a debt with the prior company. The question really to ask is why should you not be able to switch companies, get your lights back on and then pay your old company back off in time. And, again, the most ironic thing about the rule that the PUC adopted that created this hold where a customer cannot switch is that the people who are penalized by it are the customers who have entered into a payment plan in good faith and yet those who have walked their obligation to a previous provider can freely choose to move to a new provider and get service from that new provider. And with that, I would ask that we adopt Floor Amendment No. 4. Thank you, Mr. President.

SENATOR ELTIFE: Senator Nichols on Floor Amendment No. 4.

SENATOR NICHOLS: Thank you, Mr. President. Senator Davis, I do have some concerns with the amendment. First of all, let me point out there is a House bill that has been filed that has very similar language, I think it's House Bill 1204. This amendment would create a new policy for the Public Utility Commission. They advised me this amendment actually overturns some of their existing rules, rule 2548 and the switch hold rule which is kind of what you're talking about, I believe. These rules are currently in place to prevent customers from gaming the system. Sometimes people abuse those systems, and they try to game it by switching without having to pay. And so the one thing that the competitive market is required ed to do by the legislature, the electric industry is actually prohibited from considering a customer's credit and is actually mandated to provide service on demand to new customers. So the only protection they have is that hold to make sure they get their money. Under the current rules a customer can't switch providers until they pay off the balance. I believe that's an important protection to maintain because without it, the electric companies would be exposed to the bad debt meaning higher rates for customers who actually do pay the bill. I think that's a very unusual thing that the electric industry is mandated to take the customers without checking credit. And so they've got to have some way to pull back. And so respectfully I would not look to accept this amendment. And I move to table, Mr. President.

SENATOR DAVIS: May I close, please, Mr. President? If I could, these companies, of course, can go after a bad debt as any other company would be able to where a debt is due to them. And I understand, Senator Nichols, that yes, this has been a rule that's created by the PUC. What's interesting about it is by adopting that rule, the PUC has stepped into the role of a policy maker and they've adopted a policy that makes no sense. I understand the argument that you are making with regard to making sure that the companies can be made whole in a bad debt situation, but what's fascinating about it is the bad debtor, the debtor who actually walked the bill, can now go to a new retail provider, and because of the rules that are in place right now, where a retail provider cannot deny someone because of bad credit, they can go to company B or company C or company D and they can negotiate and get a low rate under the power to choose. In the switch hold, now, what the retail provider is able to do is hold on to the consumer who's agreed to pay out the obligation that's owed to them and not only are they allowed to hold onto them, unlike the person who walked their bill and gets to go choose any retail provider they want. The person who they hold on to, they don't have to offer them a low rate plan. And what the switch hold has been doing in practice, the functioning practice of the switch hold is not that the retail provider can hold you while you're in the process of paying out your obligation to them, they can hold you in their highest rate plan if they want to. And there's nothing that the PUC has done to ensure that that won't happen. Again because the PUC stepped into a policy making role, they made a policy decision that should be left to the legislature, it makes no sense and it's having unfortunately a detrimental impact on the consumer who's making a good faith effort to pay the company the obligation that is owed to them. And with that I would ask of my fellow members to please vote against the motion to table, amendment No. 4.

SENATOR ELTIFE: Thank you, Senator Davis. Senator Nichols has moved to table Floor Amendment No. 4. The secretary will call the roll.

SENATOR ELTIFE: 20 ayes, 10 nays, the motion to table prevails. Floor Amendment No. 5 by Davis. Secretary, will please read the amendment.

PATSY SPAW: Floor Amendment No. 5 by Davis.

SENATOR ELTIFE: Senator Davis to explain the amendment.

SENATOR DAVIS: Thank you, Mr. President. This amendment would require retail electric providers in deregulated areas of the state to include one standard plan. The standard plan would last for at least 12 months, have a standard format, not include any fees that aren't required by law. Retail electric providers would retain the right to offer as many additional plans existing or new as they would like. Why is this amendment needed? Because making an informed choice in Texas' deregulated electricity market has become increasingly different. There are over 250 electricity plans offered by 50 different retail electric providers and virtually every single plan is different in the fine print. The fine print is increasingly important. Those fees that aren't factored into the prices quoted are buried there. For example, one new fee is called a minimum usage fee. This is a fee that is now featured on roughly 25 percent on all electricity plans, but it is usually buried in the fine print. As a consumer you get charged five, seven, or even $10 on months when you don't use a certain threshold amount of electricity. In fact, our school districts have brought this to our attention because in so many instances they're being charged for summer months for buildings and other facilities that they have no electricity in because of the minimum threshold amount that they're required to pay. The fee is so hidden that, interestingly, the state's top consumer advocate at the office of Public Utility Council actually stated that they had fallen victim to this a few months ago themselves, not understanding that that fee was in the plan. Confusing terms in these retail electricity contracts further confuse the decision making process. The bottom line is this apple to apple comparison shopping of electricity plan is virtually impossible. A standard electric plan would help our constituents cut through the clutter. They would more easily find better value and save money and make the apple to apple comparison because a standard plan from one company would be just like a standard plan from another. Only, of course, varying on price. I would ask for your support for amendment No. 5.

SENATOR ELTIFE: Senator Nichols on Floor Amendment No. 5.

SENATOR NICHOLS: Senator Davis, I'm concerned this amendment actually forces market participants in a nonregulated market to offer a product for a variety reasons they may have chosen not to offer. There is a House bill that already has something very similar to this, House Bill 1006. I think I understand your intent is to give customers a clearer picture, or as you refer to it, an apple to apple comparison. But I think if you look at it the competitive market whether it's automobiles, information services, professional services like attorneys, we don't mandate private individuals to offer a standard regulated product. Same applies for a retail -- a nonregulated retail electric providers. The innovation and the freedom to find a niche in the market is what has allowed so many different products to evolve. We have watched that so much in the telephone market. We want to encourage competitors to offer these products because everybody had different wants and desires, a market will naturally evolve to meet them. A standard offer would require retail electric providers to offer a product they might not otherwise offer. This could in fact serve as a barrier to entry for some of the new participants. And with that I respectfully move to table, Mr. President.

SENATOR DAVIS: If I could close.

SENATOR ELTIFE: Senator Davis to close on Floor Amendment No. 5.

SENATOR DAVIS: Thank you very much. What this is doing, Senator Nichols, actually is not requiring that a particular type of plan be offered, only that the plan be very clear in disclosing the terms of the plan. A standard plan that would up front make a consumer aware of every fee that's to be charged. You talked a moment ago about the fact that in a deregulated market it provides an opportunity for innovation, and unfortunately much of the innovation that we've seen is innovative ways to disguise and hide fees that customers are paying under their retail electricity provider contract. What this simply would require or seek is that each REP that's currently functioning or might be come to functioning in the Texas market would have a standard plan that could be compared apple to apple to all other standard plans being offered. And I would respectfully ask support of committee amendment No. 6.

SENATOR ELTIFE: Members, Senator Nichols has moved to table Floor Amendment No. 5.

SENATOR DAVIS: Oh, five. I'm sorry.

SENATOR ELTIFE: No problem, Senator Davis. So the motion is to table Floor Amendment No. 5. The secretary will call the roll.

SENATOR ELTIFE: 20 ayes, one nay, the motion to table prevails. Floor Amendment No. 6 by Davis. Secretary, please read the amendment.

PATSY SPAW: Floor Amendment No. 6 by Davis.

SENATOR ELTIFE: Senator Davis, if you would just wait one second. Let's make sure all the members have the amendment in their hand. Thank you, Senator Davis. Senator Davis to explain Floor Amendment No. 6.

SENATOR DAVIS: Thank you, Mr. President. This is actually a slightly different version of the amendment that I proposed a moment ago, amendment No. 5. Amendment No. 6 rather than requiring a retail provider to create and offer a standard plan would instead charge the Public Utility Commission with the creation and development of a standard electricity plan. A retail provider would not be required to offer it but instead it would offer a template for those who choose. With that I would ask adoption of Floor Amendment No. 6.

SENATOR ELTIFE: Senator Nichols on Floor Amendment No. 6.

SENATOR NICHOLS: Thank you, Mr. President. Senator Davis, this bill appears to be permissive for the retail electric providers, but it creates a mandate for the Public Utility Commission. I am concerned this may add a cost to the bill. Furthermore I think it is similar to another amendment, the one I think you had that may -- that I believe takes away from competition as I was talking about earlier. Each retail electric provider currently is free to decide what products they offer, and while we do require some specific information to be included we don't currently require the PUC to regulate forms used in the industry. Again, there may be an unintended cost here. And I respectfully move to table, Mr. President.

SENATOR ELTIFE: Senator Davis to close on Floor Amendment No. 6.

SENATOR DAVIS: Thank you, Mr. President. I think when the legislature envisioned how a deregulated market would function, what it hoped was that consumers would be able to make choices, educated choices and informed choices on the plans that they were choosing. The innovation that's happened, as I mentioned on Floor Amendment No. 5, has been one that's really created a dynamic where consumers are having a harder and harder time understanding hidden fees that are in particular contracts. What Floor Amendment No. 6 seeks to do is simply to have the PUC act in the appropriate role that the PUC should act, which is to make sure that deregulation is functioning as it was initially intended. That plans can be readable, the plans can be understandable and therefore comparable and that in its role, the PUC is the appropriate body to develop a standard plan that could be used as a guide for retail providers. Of course, the amendment doesn't require that it be used, but to be used as a guide so that hopefully some retail providers would select the use of that standard plan and provide an opportunity for better consumer decision making and choice. With that I would respectfully request a vote of no to table Floor Amendment No. 6.

SENATOR ELTIFE: Senator Nichols moves to table Floor Amendment No. 6. The secretary will call the roll. You're voting to table Floor Amendment No. 6.

SENATOR ELTIFE: 20 ayes, 11 nays, the motion to table prevails. Floor Amendment No. 7 by Davis. Secretary will read the amendment.

PATSY SPAW: Floor Amendment No. 7 by Davis.

SENATOR ELTIFE: Senator Davis to explain the amendment.

SENATOR DAVIS: Thank you, Mr. President. This is the last amendment, Senator Nichols, that I intend to offer to your bill. Floor Amendment No. 7 would seek to provide utility electric rate discounts to our independent school districts, open enrollment charter schools and community colleges. A few years ago the legislature made a decision to allow four year institutions of higher education to receive a 20 percent discount on their transmission and distribution electric utility. The amendment would simply expand that discount independent school districts, open enrollment charter schools and community colleges. Passage of the amendment would provide millions of dollars in total discounts for school districts and community colleges across the state. The money saved by districts, charter schools and community colleges could be used in this very difficult budget climate for the retention of teachers, professors and other necessary staff and services. The new 20 percent discount would not affect municipal utilities or electric cooperatives. In fact, electric cooperatives and municipal utilities have made strides that are continuing to offer voluntarily to provide services and discounts to our educational institutions across the board. In fact, just this month an electric cooperative in north Texas notified its school districts that it would provide a 20 percent discount to its school districts. One important provision of the bill, the amendment would also provide that the PUC may after September 1st, 2011, authorize new rate making authority for investor in utilities. It would provide that the PUC may adjust the rates of an investor in utility due to the discount provided to educational entities. And then probably most importantly the percent discount would not be required if the discount would equal more than 1 percent of a utility company's total revenue. With that I would ask approval of Floor Amendment No. 7.

SENATOR ELTIFE: Senator Nichols on Floor Amendment No. 7.

SENATOR NICHOLS: Senator Davis, I think everybody would agree we all want to support our colleges and universities and one through K12 schools. We've passed too many unfunded mandates on to them as we do, and I do appreciate your intent, I really do. Make things a bit easier for them with this amendment. However, there are already several tools to help public institutions lower their electric cost. In competitive areas, public entities can actually switch providers throughout the state. Some cities or schools are entering into aggregate purchasing agreements. We even had a program at the general land office called the state energy market program which is specifically designed to help lower cost for schools, but what this amendment actually does, now, you refer to some providers who voluntarily offer the 20 percent discount.

SENATOR DAVIS: Yes, co-ops and also municipal providers.

SENATOR NICHOLS: I think that's great. And anyone that wants to voluntarily do that, I think that's wonderful. But what this amendment actually does it literally creates a government taking a retail electric provider's revenues and it prohibits a retail electric provider from passing the cost on to its customers. I'm going to repeat that last part. It prohibits the retail electric provider from passing the cost on to customers. So it truly is a taking. I respectfully, Mr. President, move to table this amendment.

SENATOR ELTIFE: Senator Davis to close.

SENATOR DAVIS: Thank you. Mr. President, in closing I want to clarify a couple of things. No. 1, this would not apply to retail electric providers and the rates that are charged by those providers. This instead is for the generation piece of the electricity bill. That part that's still under PUC regulatory authority. It's the transmission and distribution piece of the electric bill to which this would apply. No. 2, to the argument of a taking, this body many years ago made a decision to do exactly this as it relates to our public university system, and it was done at a time, actually a very similar to a time we're in right now, where the state was challenged in terms of its ability to provide financial resources to our public universities and so as a part of trying to help relieve some of their costs that would eventually be passed onto families, this measure was implemented. This amendment simply seeks to expand the implementation to our school districts, our open enrollment charter schools and our community colleges which were not covered under that initial bill and it does nothing but further a policy decision already made by this legislature to ask that these discounts be provided for those institutions that are providing education in the public arena.

SENATOR ELTIFE: Thank you, Senator Davis. Senator Nichols has moved to table Floor Amendment No. 7. The secretary will call the roll.

SENATOR ELTIFE: 20 ayes, one nay, the motion to table prevails. Senator Nichols is now recognized for a motion.

SENATOR NICHOLS: Mr. President and members, I move passage of the Committee Substitute to Senate Bill 661 to engrossment.

SENATOR ELTIFE: Senator Nichols moves passage to engrossment. Is there objection? Chair hears none, Committee Substitute SB661 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: 30 ayes, one nay, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute SB661. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 661 relating to the continuation and functions of the Electric Reliability Council of Texas, the office of Public Utility Council and the Public Utility Commission of Texas.

SENATOR ELTIFE: Senator Nichols is recognized for a motion.

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

SENATOR ELTIFE: Senator Nichols now moves final passage of Committee Substitute SB661. The secretary will call the roll.

SENATOR ELTIFE: 31 ayes, zero nays, Committee Substitute SB661 is finally passed. Congratulations, Senator Nichols.

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

SENATOR ELTIFE: The Chair recognizes Senator Estes for a motion to not concur in House Amendments to SB18.

SENATOR ESTES: Thank you, Mr. President and members. Members, this is Senate Bill 18, eminent domain reform. I move that we not concur with the House amendments and add the request of an appointment of a conference committee. The House resource management committee added six amendments and the House in general session added another seven amendments, and some of these amendments may cause negative fiscal impact to the state, and we need to take the time to get this right because, as you know, we've only been working on this for six years. So I move not to concur.

SENATOR ELTIFE: Senator Estes moves that the Senate not concur in House amendments to SB18 and request the appointment of a conference committee. Is there objection? Chair hears none. Are there any motions to instruct? Hearing none, the following conferees.

PATSY SPAW: Conference committee on Senate Bill 18. Conferees are Chair Senator Estes. Members: Senators Duncan, Whitmire, Lucio, and Harris.

SENATOR ELTIFE: Senator Seligar on 1342. Senator Seliger is recognized for a motion to suspend the regular order of business on 1342.

SENATOR SELIGER: Thank you, Mr. President. I move to suspend the regular order of business to take up and consider SB1342 at this time relating to the use of bingo proceeds by a licensed or authorized organizations. Before recodification of the Bingo enabling action in 1999, bingo operators were allowed to provide health care insurance benefits to full time employees. On recodification, that was reinterpreted. And Senate Bill 1342 simply gives charitable bingo operators the option of using funds from their bingo accounts to offer health insurance benefit for full time employees. It provides that the operator can pay for -- what the operator pay for is not to exceed 50 percent of the total premium owed. I move suspension.

SENATOR ELTIFE: Senator Seliger moves suspension of the regular order of business to take up and consider SB1342. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading SB1432. The secretary will read the caption.

PATSY SPAW: Senate Bill 1342 related to the use of bingo proceeds by a licensed authorized organizations.

SENATOR ELTIFE: Senator Seliger is recognized for a motion.

SENATOR SELIGER: Mr. President, I move passage to engrossment of Senate Bill 1342.

SENATOR ELTIFE: Senator Seliger moves passage to engrossment. Is there objection? Chair hears none; SB1342 is passed to engrossment. Senator Seliger is now recognized for a motion to suspend the constitutional three day rule.

SENATOR SELIGER: Thank you, Mr. President. I move suspension of the constitutional rule that bills be read on three several days.

SENATOR ELTIFE: The secretary will call the roll.

SENATOR ELTIFE: 29 ayes and two nays, the rule is suspended. The Chair lays out on third reading and final passage of SB1342. The secretary will read the caption.

PATSY SPAW: Senate Bill 1342 relating to the use of bingo proceeds by licensed authorized organizations.

SENATOR ELTIFE: Senator Seliger is recognized for a motion.

SENATOR SELIGER: Mr. President, I move final passage of Senate Bill 1342.

SENATOR ELTIFE: Senator Seliger now moves final passage of Senate Bill 1342. The secretary will call the roll.

SENATOR ELTIFE: 30 ayes, one nay, SB1342 is finally passed. Congratulations, Senator Seliger.

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

SENATOR ELTIFE: Senator Zaffirini is recognized for a motion to suspend the regular order of business on SB49.

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 49 relating to school district requirements regarding parental notification and documentation including disciplinary alternative educational programs. Members, this is a bill that is identical to the one that we passed in 2009 unanimously in the Senate but it died in the House. Senate Bill 49 seeks to ensure that parents are properly informed about their child's proposed disciplinary placement. It is intended to inform parents about their child's options for completing course work while in disciplinary alternative education programs. Reducing the dropout rates of students in that program. It would require the school principal or other administrator to obtain documentation regarding the conference and require a district to provide the parents of a child who has been assigned to DAEP with information about the student's right to act as programs assistance in completing the course requisites for graduation. Mr. President, I move suspension.

SENATOR ELTIFE: Senator Zaffirini moves suspension of the regular order of business to take up and consider SB49. Is there objection? Chair hears none, the rules are suspended. The Chair lays out on second reading SB49. The secretary will read the caption.

PATSY SPAW: Senate Bill 49 relating to school district requirements regarding disciplinary certification.

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? Hearing none, SB49 is passed to engrossment. Senator Zaffirini is now recognized for a motion to suspend the constitutional three day rule.

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

SENATOR ELTIFE: The secretary will call the roll.

SENATOR ELTIFE: 29 ayes, two nays, the rule is suspended. Chair lays out on third reading and final passage SB49. The secretary will read the caption.

PATSY SPAW: Senate Bill 49 relating to regarding documentation required parental notification.

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 SB49. The secretary will call the roll.

SENATOR ELTIFE: 30 ayes, one nay, SB49 is finally passed. Congratulations, Senator Zaffirini.

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

SENATOR ELTIFE: Senator Jackson is recognized for a motion to suspend the regular order of business on Committee Substitute SB1048.

SENATOR JACKSON: Thank you, Mr. President and members. As the texas population grows there's an increasing need for the development and construction of new public facilities like schools, hospitals, emergency response centers, prisons, courthouses and utilities. With the current financial fiscal situation we're in, a lot of these projects are unable to be funded properly. And in order to meet a lot of needs, many other states have embraced allowing using greater public private partnerships to help bring together private enterprise, innovation, financial resources to meet citizens' demands for the new facilities. This bill will help set up the organization of that type structure, it's strictly permissive for the use by political subdivisions and governmental entities. This legislation provides another tool in the tool box for Texans to help develop needed infrastructure and the goal is to provide a predictable repeatable transparent procurement method to bring world class ideas to meet Texas infrastructure needs. I would move suspension of the rules to take up and consider the Committee Substitute for Senate Bill 1048, Mr. President.

SENATOR ELTIFE: Senator Jackson moves suspension of regular order of business to take up and consider Committee Substitute SB1048. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute to Senate Bill 1048. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1048 relating to creation of public and private facilities and infrastructure.

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

PATSY SPAW: Floor Amendment No. 1 by Jackson.

SENATOR ELTIFE: Senator Jackson to explain the amendment.

SENATOR JACKSON: Thank you, Mr. President. This amendment adds in language requested by the Conference of Urban Counties that require cities and counties to pass a resolution if they choose to use this mechanism for a public, private partnership mechanism.

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

SENATOR JACKSON: Thank you, Mr. President. I move passage to engrossment of the Committee Substitute for Senate Bill 1048 as amended.

SENATOR ELTIFE: Senator Jackson now moves passage to engrossment. Is there objection? Chair hears none, Committee Substitute SB1048 as amended is passed to engrossment. Senator Jackson is recognized for a motion to suspend the constitutional rule.

SENATOR JACKSON: So moved.

SENATOR ELTIFE: The secretary will call the roll.

SENATOR ELTIFE: 30 ayes, one nay, the rule is suspended. Chair lays out on third reading and final passage Committee Substitute SB1048. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB1048 relating to the creation of public and private facilities and infrastructure.

SENATOR ELTIFE: Senator Jackson is recognized for a motion.

SENATOR JACKSON: Move final passage.

SENATOR ELTIFE: Senator Jackson now moves final page of Committee Substitute SB1048. The secretary will call the roll.

SENATOR ELTIFE: 30 ayes, one nay, Committee Substitute SB1048 is finally passed. Congratulations, Senator Jackson.

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

SENATOR ELTIFE: Senator Estes is recognized for a motion to suspend the regular order of business on Committee Substitute SB1086.

SENATOR ESTES: Thank you, Mr. President and members. The introduced version of the budget reduces the revenue appropriations to the Texas Department of Agriculture's economic development and marketing programs by a hundred percent. In other words, they're zeroed out. Now, we are still working in the finance committee to put some funding back in these programs but that's with the expectation that TDE will move towards a cost recovery system. The legislative budget board found value in these programs and encourages the Department of Agriculture to apply cost recovery models to continue offering these critical services. However, currently the Texas Department of Agriculture lacks the necessary implementation authority to implement these costs recovery programs. So, members, this bill makes the necessary statutory change to provide the Texas Department of Agriculture with specific authority to raise revenue to recover marketing and economic development cost by implementing voluntary economic development and marketing programs at a fee for the Texas communities and business. With that, Mr. President, I move to suspend the Senate's regular order of business.

SENATOR ELTIFE: Senator Estes moves suspension of the regular order of business to take up and consider Committee Substitute SB1086. Is there objection? The Chair hears none, the rules are suspended. The Chair lays out on second reading Committee Substitute SB1086. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB1086 relating to operation by the Department of Agriculture of certain programs.

SENATOR ELTIFE: Senator Estes is recognized for a motion.

SENATOR ESTES: Mr. President, I move passage to engrossment of Committee Substitute Senate Bill 1086.

SENATOR ELTIFE: Senator Estes now moves passage to engrossment. Is there objection? Chair hears none, Committee Substitute to Senate Bill 1086 is passed to engrossment. Senator Estes is now recognized for a motion to suspend the constitutional three day rule.

SENATOR ESTES: So moved, Mr. President.

SENATOR ELTIFE: The secretary will call the roll.

SENATOR ELTIFE: 28 ayes, three nays, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute SB1086. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1086 relating to the operation of the Department of Agriculture of certain programs.

SENATOR ELTIFE: Senator Estes is recognized for a motion.

SENATOR ESTES: Mr. President, I move final passage of Committee Substitute to Senate Bill 1086.

SENATOR ELTIFE: Senator Estes now moves final passage of Committee Substitute SB1086. The secretary will call the roll.

SENATOR ELTIFE: 29 ayes, two nays, Committee Substitute SB1086 is finally passed. Congratulations, Senator Estes.

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

SENATOR ELTIFE: Senator Rodriguez is recognized for a motion to suspend the regular order of business on Committee Substitute 860.

SENATOR RODRIGUEZ: Mr. President and members, the Committee Substitute for Senate Bill 860 amends the health and safety code to allow the El Paso County hospital district to hire physicians, dentists and other health care professionals. The El Paso County hospital district serves approximately 800,000 residents of El Paso County as well as a larger West Texas region. Notably the district is the only one -- the only level one trauma center for the area. Over the last two decades the district has established a network of neighborhood health clinics that primarily served the uninsured residents of the county. However, El Paso County continues to suffer from significant health care professional shortages. In addition to these existing shortages, nearly one in three El Pasoans are uninsured. Over the years a number of the hospital districts in the state have amended legislation to allow for direct employment of physicians. Last session the 81st legislature passed legislation authorizing the Dallas County hospital district to employ 145 physicians to staff its own -- its community health centers. The Committee Substitute for Senate Bill 860 would amend current law to allow El Paso County hospital district to directly employ primary care and specialty health care professionals which will enable the district to better meet the needs of the uninsured population but also reducing health care professional shortages in El Paso. Mr. President and members, this bill has the support of the El Paso County Medical Society, the Texas Medical Society, the Teaching Hospitals of Texas, the Texas Hospital Association and the Texas Association of Business. Mr. President and members, I move that we suspend the regular order of business and all necessary rule to take up and consider Committee Substitute for Senate Bill 860.

SENATOR ELTIFE: Senator Rodriguez moves suspension of the regular order of business to take up and consider Committee Substitute SB860. Str objection? The Chair hears none, the rules are suspended. The Chair lays out on second reading Committee Substitute SB860. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 860 relating to the authority of the El Paso County hospital district for certain actions.

SENATOR ELTIFE: Senator Rodriguez is recognized for a motion.

SENATOR RODRIGUEZ: Mr. President and members, I move passage of the Committee Substitute for Senate Bill 860 to engrossment.

SENATOR ELTIFE: Senator Rodriguez now moves passage to engrossment. Is there objection? Chair hears none, Committee Substitute SB860 is passed to engrossment. Senator Rodriguez is recognized for a motion to suspend the constitutional three day rule.

SENATOR RODRIGUEZ: Mr. President and members, I move to suspend the constitutional rule that bills be read on three several days so that the Senate can take up and consider the Committee Substitute of Senate Bill 860 on third reading and final passage.

SENATOR ELTIFE: The secretary will call the roll.

SENATOR ELTIFE: 30 ayes, one nay, the rule is suspended. Chair lays out on third reading and final passage Committee Substitute SB860. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 860 relating to the authority of the El Paso County hospital district to appoint --

SENATOR ELTIFE: Sorry, Madam Secretary. Senator Rodriguez is recognized for a motion.

SENATOR RODRIGUEZ: Mr. President and members, I move final passage for Committee Substitute to Senate Bill 860.

SENATOR ELTIFE: Senator Rodriguez now moves final passage of Committee Substitute SB860. The secretary will call the roll.

SENATOR ELTIFE: 31 ayes, no nays, Committee Substitute SB860 is finally passed. Congratulations, Senator Rodriguez.

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

SENATOR ELTIFE: Senator Hegar is recognized for a motion to suspend the regular order of business on SB1134.

SENATOR HEGAR: Thank you, Mr. President and members. TCQ recently adopted a new permit by rule, and standard permit for facilities that oil and gas production sites in the Barnett Shell area and TCQ was in the process of developing a new permit by rule and standard permit for facilities that oil and gas production sites in other parts of the state. Senate Bill 1134, the Committee Substitute, seems to provide clearly defined standards and flexibility of TCQ in developing the new or amended air permit by rural standards for oil and gas production sites and to treat these permit by rules as a major environmental rule. The Senate Bill specifically would require that in developing the new permit by rule standards TCQ must conduct a regulatory analysis regarding cost and alternatives, develop different permits by rule standards facility at oil and gas sites located in different parts of the state, if it makes sense to do so. And also meet the same requirements when developing new and/or amended permits by rule when planned maintenance startup and shut down activities. And I would move to suspend the Senate's regular order of business to take up and consider Committee Substitute to Senate Bill 1134.

SENATOR ELTIFE: Senator Hegar moves suspension of the regular order of business to take up and consider Committee Substitute SB1134. Is there objection? The secretary will call the roll. There is objection.

SENATOR ELTIFE: 30 ayes, one nay, the rule is suspended. The Chair lays out on second reading Committee Substitute to Senate Bill 1134. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill is 1134 relating to issuance of permits of certain facilities regulated by the Texas Commission on Environmental Quality.

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

PATSY SPAW: Floor Amendment No. 1 by Hegar.

SENATOR ELTIFE: Senator Hegar to explain the amendment.

SENATOR HEGAR: Thank you, Mr. President and members. There were two issues brought up in committee that some different environmental groups had concerns, and this Floor Amendment would ensure that TCEQ can use any credible data from other state agencies, federal government or private organizations in developing the new rules on air emission standards permit by rule. So this would ensure that we can use TCEQ would be specifically authorized and know that they can use any relevant data that is scientifically credible from other areas of the state and other parts of the nation if it's deemed credible. And I would move adoption of Floor Amendment No. 1.

SENATOR ELTIFE: Members, Senator Hegar moves adoption of Floor Amendment No. 1. Is there objection? Chair hears none, Floor Amendment No. 1 is adopted. Floor Amendment No. 2 by Davis. Secretary would please read the amendment.

PATSY SPAW: Floor Amendment No. 2 by Davis.

SENATOR ELTIFE: Senator Davis to explain the amendment.

SENATOR DAVIS: Thank you, Mr. President. The Committee Substitute for Senate Bill 1134 as written would provide an affirmative defense to oil and gas facilities in Texas to perform routine shut down, startup and maintenance work on their facilities until January 5th of 2014. This assumes that TCEQ would not be able to develop any new air emission rules for smaller facilities that require a permit by rule to operate or a standard permit for bigger facilities prior to that date. Nevertheless, TCEQ is currently contemplating current adoption for PTBR and adoption for oil and gas facilities. And while passage of the Committee Substitute to Senate Bill 1134 would delay the rule making to comply with the air monitoring and modeling requirements of the bill, it will not necessarily delay the rule making for a full two and a half years. The proposed amendment instead says that the affirmative defense provided to these facilities under the bill would either run out in January of 2014 or before if TCEQ is able to adopt a new or amended rule under the provisions of the new law prior to that date. The amendment would make it clear that the affirmative defense runs out when TCEQ actually adopts a new rule that would cover these facilities. And I believe that the amendment is acceptable to the author.

SENATOR ELTIFE: Senator Hegar on the amendment.

SENATOR HEGAR: Yes, thank you. It is acceptable. This is an issue that I've worked on with Senator Davis, and I'd be more than happy to accept it.

SENATOR ELTIFE: Senator Davis moves adoption of Floor Amendment No. 2. Is there objection? Chair hears none; Floor Amendment No. 2 is adopted.

SENATOR DAVIS: Thank you, Senator Hegar. Thank you, Mr. President.

SENATOR ELTIFE: Thank you, Senator Davis. Senator Hegar is recognized for a motion.

SENATOR HEGAR: Move passage to engrossment.

SENATOR ELTIFE: Senator Hegar now moves passage to engrossment. Is there objection? Hearing none Committee Substitute SB1134 as amended is passed to engrossment. Senator Hegar is now recognized for a motion to suspend the constitutional three day rule.

SENATOR HEGAR: So moved.

SENATOR ELTIFE: The secretary will call the roll.

SENATOR ELTIFE: 28 ayes, three nays, the rule is suspended. The Chair lays out on third reading and final passage of Committee Substitute SB1134 as amended. Secretary read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1134 relating to issuance of certain permits by TCEQ.

SENATOR ELTIFE: Senator Hegar is recognized for a motion.

SENATOR HEGAR: I move final passage of Committee Substitute Senate Bill 1134 as amended.

SENATOR ELTIFE: Senator Hegar now moves for passage of Committee Substitute SB1134 as amended. The secretary will call the roll.

SENATOR ELTIFE: 29 ayes, two nays, Committee Substitute SB1134 as amended is finally passed. Congratulations, Senator Hegar. Senator Jackson, 1300. Senator Jackson is recognized for a motion to suspend the regular order of business on Committee Substitute SB1300.

SENATOR JACKSON: Thank you, Mr. President. Members, this bill relates to insurance, insurer restrictions regarding repair of a motor vehicle covered under an insurance policy, and Senate Bill 1300 facilitates consumer choice and prohibits improper attempts to limit coverage in three ways. No. 1, provides claimants with a better understanding regarding the repair and claim process under an automobile insurance policy. No. 2, makes county mutual insurers subject to subchapter G. And then No. 3, requires insurers to provide within 30 days of an automobile repair facility's written request a written disclosure to the automobile repair facility outlining the requirements to become a contracted direct repair facility. During our discussions in business and commerce committee, on which the bill passed unanimously, some concerns were brought up by the insurance industry. I'll be offing a floor amendment in just one second to address those concerns. And if there's no questions, Mr. President, I move suspension of the rules.

SENATOR ELTIFE: Senator Jackson moves suspension of the regular order of business to take up and consider Committee Substitute SB1300. Is there objection? Chair hears none, rules are suspended. Chair lays out on second reading Committee Substitute SB1300. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB1300 relating to insurer restrictions regarding repair of a motor vehicle.

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

PATSY SPAW: Floor Amendment No. 1 by Jackson.

SENATOR ELTIFE: Senator Jackson to explain the amendment.

SENATOR JACKSON: Yes, Mr. President and members, this is the amendment that I just referred to a moment ago, and it does a couple of things. It inserts the letter A between "with and written" in section one and it makes sure that we're talking about a summary explanation, no detailed explanation, that was a concern. The other one is that they were concerned by providing a repair shop with the request of information on how to become a direct repair facility that that would somehow be an obligation that they accept that shop as that facility. This clarifies that it does not do that. And I would move adoption.

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

SENATOR JACKSON: Thank you, Mr. President. I move passage to engrossment of Committee Substitute Senate Bill 1300 as amended.

SENATOR ELTIFE: Senator Jackson now moves passage to engrossment. Is there objection? Chair hears none, Committee Substitute SB1300 as amended is passed to engrossment. Senator Jackson is now recognized for a motion to suspend the constitutional three day rule.

SENATOR JACKSON: So moved.

SENATOR ELTIFE: The secretary will call the roll.

SENATOR ELTIFE: 30 ayes, one nay, Committee Substitute SB1300, the rules are suspended. The Chair lays out on third reading and final passage Committee Substitute SB1300 as amended. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB1300 relating to insurer restrictions regarding certain repair of a motor vehicle.

SENATOR ELTIFE: Senator Jackson is recognized for a motion.

SENATOR JACKSON: Move final passage, Mr. President.

SENATOR ELTIFE: Senator Jackson moves final passage of Committee Substitute to Senate Bill 1300 as amended. The secretary will call the roll.

SENATOR ELTIFE: 31 ayes, no nays Committee Substitute SB1300 as amended is finally passed. Congratulations, Senator Jackson.

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

SENATOR ELTIFE: Senator Estes is recognized for a motion to suspend the regular order of business on Committee Substitute SB1217.

SENATOR ESTES: Thank you, Mr. President and members. Members, I think this is an important bill. This bill is intended to stop the false reporting of emergencies before excavations. Currently a person that digs deeper in the soil than 16-inches is required to call a notification center which sends a locating service to the work site to make sure there are no underground dangers like gas lines s in the excavation area. This call must be made 48 hours before the digging is to take place unless there is an emergency. When an emergency is declared, the excavator may begin digging immediately whether or not a locater has been able to access the digging site. In practice, many people declare false emergencies to avoid having to schedule a locater 48-hours in advance. Many of these false emergencies result in explosions and other accidents because gas lines are hit before the locater can arrive on the scene. And we have thousands of pipeline accidents every year. In order to discourage this dangerous behavior, this bill provides civil and criminal penalties for falsely reporting an emergency, and the current penalties are just too light to provide a sufficient financial disincentive for contractors on tight schedules. So this is a public safety bill, and if there are no questions, I move to suspend the Senate's regular order of business and take up and consider Senate Bill 1217.

SENATOR ELTIFE: Senator Jackson, for what purpose?

SENATOR JACKSON: Will the gentleman yield?

SENATOR ELTIFE: Do you yield, Senator Estes?

SENATOR ESTES: Happy to yield to Senator Jackson.

SENATOR JACKSON: Senator Estes, I just have one question and that is there's a 48-hour window that you call, you wait 48 hours, somebody will be there to mark, help identify and work. What happens if they don't show up?

SENATOR ESTES: Well, that's a good question. They have to -- the locater service has to show up within that time. If they don't, I guess they reschedule it. I don't know the answer to that as far as --

SENATOR JACKSON: Can the contractor fine the locater service, like get them on the back if they're holding up a job? You got people, equipment all ready to go and the guy doesn't show up.

SENATOR ESTES: I'm not advised, Senator. The problem we're trying to solve is they're having over 11,000 emergency calls per month.

SENATOR JACKSON: And I understand that part of it.

SENATOR ESTES: But I'll look into that as this bill goes through the process. Be happy to --

SENATOR JACKSON: I think there may be fair play on both sides in the event someone is following all the rules, ready to go to work, have people on the job and you have no one that shows up.

SENATOR ESTES: These locater services, you know, charge for their services, and so I would suggest that probably if one shows a consistent pattern of not showing up, then they would probable hire another locating service. It's kind of a free enterprise system.

SENATOR JACKSON: Well, yeah it is, but it doesn't always work that way.

SENATOR ESTES: I hear you. Okay, thank you.

SENATOR ELTIFE: Senator Estes moves suspension of the regular order of business to take up and consider Committee Substitute SB117. Is there objection? Chair hears none; rules are suspended. Chair lays out on second reading Committee Substitute SB1217. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 1217 relating to an excavator's duty to notify a notification center before excavating.

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

PATSY SPAW: Floor Amendment No. 1 by Estes.

SENATOR ELTIFE: Senator Estes to explain the amendment.

SENATOR ESTES: Yes. And before I explain this amendment, it's always good to have staff behind us, Senator Jackson. I wanted to say if locaters don't show up, I'm advised that the requirement is then waived. And I did not know that but I know that now. Members, this amendment removes a section -- a section that gives notification centers the power to order excavations to cease, and we're making this change simply because the notification centers simply do not want this authority and also it makes some minor authority changes drafted by leg counsel. So I would urge support of amendment No. 1.

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

SENATOR ESTES: Mr. President, I move passage to engrossment of Committee Substitute Senate Bill 1217.

SENATOR ELTIFE: Senator Estes now moves passage to engrossment. Is there objection? Chair hears none, Committee Substitute SB1217 as amended is passed to engrossment. Senator Estes is now recognized for a motion to suspend the constitutional three day rule.

SENATOR ESTES: So moved, Mr. President.

SENATOR ELTIFE: The secretary will call the roll.

SENATOR ELTIFE: 30 ayes, one nay, the rule is suspended. Chair lays out on third reading and final passage Committee Substitute SB1217 as amended. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 1217 relating to an excavator's duty to notify.

SENATOR ELTIFE: Senate Estes for a motion.

SENATOR ESTES: Mr. President, I move final passage to Committee Substitute to Senate Bill 1217.

SENATOR ELTIFE: Senator Estes now moves final passage of Committee Substitute SB1217 as amended. The secretary will call the roll.

SENATOR ELTIFE: 31 ayes, no nays, Committee Substitute to Senate Bill 121 is finally passed. Congratulations, Senator Estes.

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

SENATOR ELTIFE: Senator Fraser is recognized for a motion to suspend the regular order of business on Committee Substitute SB15.

SENATOR FRASER: Thank you, Mr. President and members. Senate Bill 15 establishes an energy planning process and planning council to develop recommendations for a state energy future. Currently Texas lacks any kind of strategic planning process for exploration, production, and development of energy resources. The council would come up with market based recommendations to deliver to the legislature every two years based on current conditions and long-term consideration. This bill also requires a railroad commission to conduct a study on coal and natural gas reserves. Additionally the PUC will prepare a report on electric generation in this state including recommendations on how to most cost effectively comply with environmental regulation. I would how move to suspend the regular order of business to take up and consider Committee Substitute for Senate Bill 15.

SENATOR ELTIFE: Senator Fraser moves suspension of the regular order of business to take up and consider Committee Substitute SB15. Is there objection? Chair hears none, rules are suspended. Chair lays out on second reading Committee Substitute SB15. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 15 relating to state energy policy planning and development of energy development utilization.

SENATOR ELTIFE: Floor Amendment No. 1 by Fraser. Secretary would please read the amendment.

PATSY SPAW: Floor Amendment No. 1 by Fraser.

SENATOR ELTIFE: Senator Fraser to explain the amendment.

SENATOR FRASER: Members, the original version of the bill had a fiscal note. We are moving this process from state energy conservation office and moving it to the PUC where there will be no cost on it, it removes the fiscal note on the bill. And it is acceptable.

SENATOR ELTIFE: Senator Fraser moves adoption of Floor Amendment No. 1. Is there objection? Chair hears none, Floor Amendment No. 1 is adopted. Floor Amendment No. 2 by Seliger. Secretary please read the amendment.

PATSY SPAW: Floor Amendment No. 2 by Seliger.

SENATOR ELTIFE: Senator Seliger to explain the amendment.

SENATOR SELIGER: Thank you, Mr. President. This amendment simply says that this council shall consider all types of generation technology to identify in its recommendations, current or potential operational or administrative advantages. It essentially is intended so there will be no discrimination against renewable energy sources. And I believe it's acceptable to the author.

SENATOR ELTIFE: Senator Fraser on the amendment.

SENATOR FRASER: The amendment is acceptable to the author.

SENATOR ELTIFE: Members, Senator Seliger moves adoption of Floor Amendment No. 2. It's acceptable to the author, Senator Fraser. Is there objection? The Chair hears none, the amendment is adopted. Floor Amendment No. 3 by Ogden. Secretary would meze read the amendment.

PATSY SPAW: Floor Amendment No. 3 by Ogden.

SENATOR ELTIFE: Senator Ogden to explain the amendment.

SENATOR OGDEN: Mr. President and members, this amendment provides access to the grid by natural gas producers who choose to produce electricity with their natural gas. It defines and distributes a natural gas generation facility and it provides for inner connection of natural gas facilities at the owner or operator's operates cost and allows the electric utility co-op to increase capacity for an owner or an operator's distributive generation, also at the owner -- or owner's or operator's cost. The intent of this bill is to allow stranded or wasted natural gas to be turned into electricity and put on the grid. I move adoption of Floor Amendment No. 3.

SENATOR ELTIFE: Senator Fraser on the Ogden amendment.

SENATOR FRASER: Thank you, Mr. President. This issue is one of my favorite things that I've seen come forward. We've got a lot of stranded natural gas around the state, it's very logical to take that gas, make a good use of it which is making electricity and putting that back on the grid. I think this is a wonderful public policy. This is acceptable to the author.

SENATOR ELTIFE: Senator Ogden moves adoption of Floor Amendment No. 3. It's acceptable to the author, Senator Fraser. Is there objection? Chair hears none, Floor Amendment No. 3 is adopted. Members, we're going to hold for one minute, we're working on a fourth amendment. Floor Amendment No. 4 by Fraser. Secretary please read the amendment.

PATSY SPAW: Floor Amendment No. 4 by Fraser.

SENATOR FRASER: Members, this changes the council by adding one more person and one member of the public with expertise in low income energy issues including the needs of low income and vulnerable taxpayers appointed by the governor. I would move adoption.

SENATOR ELTIFE: Senator Fraser moves adoption of Floor Amendment No. 4. Is there objection? Senator Fraser, would you reexplain Floor Amendment No. 4?

SENATOR FRASER: This adds an additional -- this was brought to me by the low income group that said they would like representation on the committee, the group studying this and they have asked that another member be added which would be with expertise in low income energy issues including the needs of low income and vulnerable taxpayers, rate payers appointed by the governor. A very good amendment.

SENATOR ELTIFE: Senator Fraser moves adoption again of Floor Amendment No. 4. Is there objection? Chair hears no objection. Floor Amendment No. 4 is adopted. Senator Fraser is recognized for a motion.

SENATOR FRASER: I would now move passage to engrossment for Committee Substitute for Senate Bill 15.

SENATOR ELTIFE: Senator Fraser now moves passage to engrossment, is there objection? Hearing none, Committee Substitute SB15 as amended is passed to engrossment. Senator Fraser is now recognized for a motion to suspend the constitutional three day rule.

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

SENATOR ELTIFE: The secretary will call the roll.

SENATOR ELTIFE: 27 ayes, four nays, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute SB15. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 15 relating to state and energy policy and the planning of energy development and utilization.

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

SENATOR FRASER: I would now move final passage of Committee Substitute for Senate Bill 15.

SENATOR ELTIFE: Senator Fraser now moves final passage of Committee Substitute SB15 as amended. The secretary will call the roll.

SENATOR ELTIFE: 28 ayes, three nays, Committee Substitute to Senate Bill 15 is finally passed. Congratulations, Senator Fraser. Senator Zaffirini is recognized for a motion to suspend the regular order of business Committee Substitute SB773.

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 the Committee Substitute for Senate Bill 773 relating to telecommunication service discounts for educational institutions, libraries, hospitals and telemedicine centers. Generally, members, this bill would extend the telecommunications discount to January 21st, 2016; clarify that federally qualified health centers who are offered the discount currently are eligible for the discount and allow incumbent exchange carriers to recover up to 110 percent of their long run incremental cost instead of 105. Mr. President, I move suspension.

SENATOR ELTIFE: Senator Zaffirini moves suspension of the regular order of business to take up and consider Committee Substitute SB773. Is there objection? Chair hears none, rules are suspended. Chair lays out on second reading Committee Substitute SB773. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB773 relating to telecommunication service discounts.

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

PATSY SPAW: Floor Amendment No. 1 by Deuell.

SENATOR ELTIFE: Senator Deuell to explain the amendment.

SENATOR DEUELL: Thank you, Mr. President. Members, this is a technical amendment. Currently federally qualified health centers receive the telecommunications discount of the Committee Substitute to Senate Bill 773 seeks to extend, however past provisions to the utilities code have made the eligibility of health centers unclear. The committee's intention was to clarify that federally qualified health centers received the discount on telecommunications services in the Committee Substitute to Senate Bill 773. The definition of health center was added to section one of the bill, but the Committee Substitute did not add health center to the list of eligible entities in section 5A.325A of the utility code. Floor Amendment 1 makes this correction adding health center to the list of eligible entities. Again, health center is defined as eligible qualified health center delivery site and Committee Substitute 773 currently receives this discount. The amendment does not award a discount to a new group of entities. I move adoption.

SENATOR ELTIFE: Senator Zaffirini on Floor Amendment No. 1.

SENATOR ZAFFIRINI: It is acceptable, Mr. President.

SENATOR ELTIFE: Senator Deuell moves adoption of Floor Amendment No. 1. It is acceptable to the author, Senator Zaffirini. Is there objection? Chair hears none, floor aim No. 1 is adopt. Senator Zaffirini is now recognized for a motion.

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

SENATOR ELTIFE: Senator Zaffirini now moves passage to engrossment. The Chair hears none, Committee Substitute to Senate Bill 773 as amended is passed to engrossment. Senator Zaffirini is recognized for a motion to suspend the constitutional three day rule.

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

SENATOR ELTIFE: The secretary will call the roll.

SENATOR ELTIFE: 27 ayes, four nays, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute SB 773 as amended. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 773 relating to telecommunications service discounts.

SENATOR ELTIFE: Senator Zaffirini is recognized for motion.

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

SENATOR ELTIFE: Senator Zaffirini now moves final passage of Committee Substitute SB773 as amended. The secretary will call the roll.

SENATOR ELTIFE: 28 ayes, three nays, Committee Substitute SB773 as amended is finally passed. Congratulations, Senator Zaffirini.

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

SENATOR ELTIFE: Senator Van de Putte, you ready on 1733? Senator Van de Putte is recognized for a motion to suspend the regular order of business on SB1733.

SENATOR VAN DE PUTTE: Thank you, Mr. President. Members, I move to suspend the Senate's regular order of business to take up and consider at this time Senate Bill 1733. Members, this is a bill that deals with licenses, occupational licenses for our military spouses. Our military spouses face continual challenges. Because of their military services they are frequently deployed and relocations. Because they relocate on the average of every two years, the spouses become discouraged and give up their careers because it takes so long, particularly in Texas, to try to get some sort of occupational license. This bill will ease the process of the occupational license for military spouses by allowing an alternative licensing process without experiencing a gap in employment history. There are several states that have already enacted legislation like this and we have worked with TDLR and the Department of Defense quality of life division and the National Military Family Association. Members, we passed a similar measure last session, Senate Bill 1240, that left this Senate unanimously and met the fate, as many of our Senate bills, did in the House last session. I move suspension of the Senate's regular order of business to take up and consider Senate Bill 1733.

SENATOR ELTIFE: Senator Van de Putte moves suspension of the regular order of business to take up and consider SB1733. Is there objection? The Chair hears none, rule is suspended. Chair lays out on second reading SB1733. The secretary will read the caption.

PATSY SPAW: Senate Bill 1733 relating to occupational licensing of spouses of members of the military.

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

SENATOR VAN DE PUTTE: Thank you. I move passage of Senate Bill 1733.

SENATOR ELTIFE: Senator Van de Putte moves passage of engrossment. Is there objection? The Chair hears none, SB1733 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, Mr. President.

SENATOR ELTIFE: The secretary will call the roll.

SENATOR ELTIFE: 30 ayes, one nay, the rule is suspended. The Chair lays out on third reading and final passage Senate Bill 1733. The secretary will read the caption.

PATSY SPAW: Senate Bill 1733 relating to occupational licensing spouses of members of the military.

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

SENATOR VAN DE PUTTE: Move final passage, Mr. President.

SENATOR ELTIFE: Senator Van de Putte moves final passage of SB1733. The secretary will call the roll.

SENATOR ELTIFE: 31 ayes, no nays SB1733 is finally passed. Congratulations, Senator Van de Putte.

SENATOR VAN DE PUTTE: Thank you, Mr. President.

SENATOR ELTIFE: Senator Hegar, 1293. Senator Hegar is recognized for a motion to suspend the regular order of business on Committee Substitute SB1293.

SENATOR HEGAR: Thank you, Mr. President and members. Senate Bill 1293 would bring the provisions for pipeline safety violations more in line with the federal penalty amounts. This is for the railroad commission that essentially the penalties for pipeline safety are nowhere near in line, and we need to bring them up to make sure that whenever the railroad commission goes back to get the federal designation for pipeline safety that we make sure our pipeline violations are more in lin with the federal levels. And I would move to suspend the Senate's regular order of business to take up and consider the Committee Substitute to Senate Bill 1293.

SENATOR ELTIFE: Senator Hegar moves suspension of the regular order of business to take up and consider Committee Substitute SB1293. Is there objection? The Chair hears none, the rules is suspended. The Chair lays out on second reading Committee Substitute SB1293. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 1293 relating to the amounts of violations and criminal penalties for certain violations.

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

PATSY SPAW: Floor Amendment No. 1 by Hegar.

SENATOR ELTIFE: Senator Hegar to explain Floor Amendment No. 1.

SENATOR HEGAR: Thank you, Mr. President and members. In Committee Substitute we have struck R500 in one part of the bill and put it back down to 50, but we missed one of the 500s and this amendment would strike 500 on page 2, line 14 and bring it back down to $50. And the reason being is there is no minimum in the federal civil penalties, so going back down to the $50 would allow for very diminimus penalties. So I would move adoption of Floor Amendment No. 1.

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

SENATOR HEGAR: Move passage to engrossment.

SENATOR ELTIFE: Senator Hegar moves passage to engrossment. Is there objection? Hearing none, Committee Substitute to Senate Bill 1293 as amended is passed to engrossment. Senator Hegar is now recognized for a motion to suspended the constitutional three day rule.

SENATOR HEGAR: I move to suspend the constitutional three day rule.

SENATOR ELTIFE: The secretary will call the roll.

SENATOR ELTIFE: 30 ayes, one nay, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute SB1293 as amended. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 1293 relating to the amounts of administrative civil and criminal penalties for certain violations.

SENATOR ELTIFE: Senator Hegar is recognized for a motion.

SENATOR HEGAR: Move final passage of Committee Substitute Senate Bill 1293 as amended.

SENATOR ELTIFE: Senator Hegar moves final passage of Committee Substitute Senate Bill 1293 as amended. The secretary will call the roll.

SENATOR ELTIFE: 31 ayes, no nays Committee Substitute SB1293 as amended is finally passed. Congratulations, Senator Hegar. Senator Davis is recognized for a motion to suspend the regular order of business on SB1638.

SENATOR DAVIS: Thank you, Mr. President. Senate Bill 1638 seeks to ensure the safety of government officials and employees and their loved ones by allowing nonaffiliate emergency contact information on a state driver's license information and employee security badge information to be excepted from disclosure under the public information law. 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 SB1638. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading SB1638. The secretary will read the caption.

PATSY SPAW: Senate Bill 1638 relating to the exception of certain information from required disclosure.

SENATOR ELTIFE: Senator Davis is recognized for a motion.

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

SENATOR ELTIFE: Senator Davis now moves passage to engrossment. Is there objection? Chair hears none, SB1638 is passed to engrossment. Senator Davis is now recognized for a motion to suspend the constitutional three day rule.

SENATOR DAVIS: Thank you, Mr. President. So moved.

SENATOR ELTIFE: The secretary will call the roll.

SENATOR ELTIFE: 30 ayes, one nay, the rule is suspended. The Chair lays out on third reading and final passage SB1638. The secretary will read the caption.

PATSY SPAW: Senate Bill 1638 relating to the exception of certain personal information from required disclosure.

SENATOR ELTIFE: Senator Davis is recognized for a motion.

SENATOR DAVIS: Thank you, Mr. President. I move final passage of Senate Bill 1638.

SENATOR ELTIFE: Senator Davis moves final passage of Senate Bill 1638. The secretary will call the roll.

SENATOR ELTIFE: 31 ayes, no nays SB1638 is finally passed. Congratulations, Senator Davis.

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

SENATOR ELTIFE: Senator Fraser, the Chair recognizes Senator Fraser for a motion to concur in House amendments to SB333.

SENATOR FRASER: Members, Senate Bill 333 as passed by the Senate creates election procedures for water supply or sewer service corporations representative Tracy King added an amendment on the House floor that would lower the number of people from to 20 who would need to sign a petition to be placed on the ballot. That is acceptable. And now, I would move to concur in the House to the amendments to Senate Bill 333.

SENATOR ELTIFE: Senator Fraser moves that the Senate concur in House Amendments to SB333. The secretary will call the roll.

SENATOR ELTIFE: There being 31 ayes, no nays, the motion is adopted. Thank you, Senator Fraser. Members, the president's desk is clear. Dean Whitmire, you're recognized.

SENATOR WHITMIRE: Mr. President, I would like the members of criminal justice to know we'll start at 2:45 in E1016.

SENATOR ELTIFE: Thank you, Senator Whitmire.

SENATOR WHITMIRE: No, thank you.

SENATOR ELTIFE: Senator Deuell, you're recognized for an announcement.

SENATOR DEUELL: I have an announcement, and I'd like to do a memorial for the session. Can I do both? Anyway, Mr. President and members, I move to suspend the 24-hour posting rule so that the Senate committee on health and human services can meet at my desk today upon adjournment to consider pending business. That's actually Senator Nelson's desk to consider pending business.

SENATOR ELTIFE: Members, you heard the motion by Senator Deuell. Is there objection? Hearing none, so ordered. We'll save the memorial for the end, Senator Deuell. Senator Watson is recognized for an announcement.

SENATOR WATSON: For a motion.

SENATOR ELTIFE: For a motion.

SENATOR WATSON: Thank you, Mr. President. Members, I move to suspend Senate rules 11.10 and 11.18 so that the Senate committee on transportation and homeland security may hear Senate bill 1114 by Wentworth at 8:00 a.m. tomorrow in room E1.016.

SENATOR ELTIFE: Members, you have heard the motion by Senator Watson. Is there objection? Chair hears none, so ordered. Thank you, Senator Watson. Senator Zaffirini, you're recognized for an announcement.

SENATOR ZAFFIRINI: Thank you, Mr. President. Mr. President and members, the Senate higher education committee will meet tomorrow Wednesday at 7:30 a.m. in room E1.012. We will begin with bills sponsored by nonmembers. Thank you.

SENATOR ELTIFE: Thank you, Senator Zaffirini. Senator Shapiro is recognized for a an announcement.

SENATOR SHAPIRO: Thank you, Mr. President and members. I move to suspend Senate rules 11.10 and 11.18 so the Senate committee on education can meet upon adjournment at the Senate at my desk to vote out one, two, three, four, five pending bills. Thank you.

SENATOR ELTIFE: Thank you, Senator Shapiro. Senator Rodriguez is recognized for an announcement.

SENATOR RODRIGUEZ: Mr. President and members, I'm giving notice that the local and uncontested calendar session will be held Thursday, April 21 at 8:00 a.m. A copy of the certified calendar has been furnished to each of you. The bills and resolutions will be considered on second and third reading in the order listed. Also, due to the shortened work week in the observance of Good Friday, the deadline to turn in bills to have them considered for next week's local and uncontested calendar is tomorrow, April 20 at 4:00 p.m.

SENATOR ELTIFE: Thank you, Senator Rodriguez.

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

SENATOR ELTIFE: Members, are there any other announcements? Any other announcements? Members, if we could have your attention, we're going to have a memorial upon the close of the session. The Chair recognizes the Dean of the Senate for a highly privileged motion.

DEAN OF THE SENATE: Thank you, Mr. President. At this time I would yield to our colleague Senator Deuell.

SENATOR ELTIFE: Senator Deuell is recognized.

SENATOR DEUELL: Thank you, Mr. President, members, Dean. I wanted to have us adjourn in the memory of my friend T. Bird Gordon. Dr. Gordon was a lifelong music educator, one of the nicest, decent people I ever knew in my life. I had the opportunity to play with his band on occasions. He was a Grammy winner, just very, very loved by everyone that knew him. His wife Carrie Gordon, Dr. Carrie Gordon is the mayor of Balch Springs. So, with your consent, I would like to adjourn this session in the memory of Dr. T. Bird Gordon.

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

SENATOR WHITMIRE: Thank you, Mr. President and members. I move that the Senate adjourn until 11:00 a.m. tomorrow, and we do this in memory of Larry T. Bird Gordon.

SENATOR ELTIFE: Senator Whitmire moves that the Senate adjourn until 11:00 a.m. Wednesday April 20th. Is there objection? Chair hears none, Senate stands adjourned until 11:00 a.m. Wednesday April 20th. Thank you, members.

(Adjourned.)