Senate Transcript, April 26, 2011

SENATOR OGDEN: The Senate will come to order. The secretary will call the roll.

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

SENATOR OGDEN: A quorum is present. All on the floor and in the gallery please rise for the invocation to be delivered by Pastor Don Olson the Brushy Creek Church of Cedar Park.

PASTOR: Let's bow our head. Father God, as we stand before You today, we are in awe of the many blessings that You continue to pour out on our leaders, our communities, our state, and our nation. We ask for Your peace and protection for the good people of Texas as this drought persists in many places. Many people have suffered great loss. We ask of You for rain. We ask for the drought to be broken and the heavens to open up with Your outpouring. Father God, send the rain. We turn our faces towards You. Send the rain. As we begin another day of the work of the State of Texas, we realize that in this life we are the possessors of nothing but the stewards of everything. And all that we do have is directly because of You. You have graced us with many blessings to carry out the peace, protection, and provision of the people that we serve. Therefore, we pray for Your wisdom and favor on these servants of the Texas Senate. Guide them in the necessary decisions that need to be made for the benefits of the people of this great State of Texas. We pray that the choices that they make will be reflections of Your heart and will. Today, as we press forward with state decisions and issues, we appreciate the servants that You have placed over us. God bless Governor Perry and the Members of the Texas Senate. God bless all the men and women in military uniform around the world. And God bless the citizens of the State of Texas. And God bless Texas. Lord God, we consider it an honor to serve Your people. In the name of my lord and savior, Jesus Christ. Amen.

SENATOR OGDEN: Senator Eltife is recognized for an introduction.

SENATOR ELTIFE: Thank you, Mr. President. Members on behalf of Senator Ogden, it is my honor to introduce Our Reverend Don Olson currently Pastor at Brushy Creek Church having previously served at Grace Church in Flyingerville. He earned his business degree from the University of Texas at Austin and is a graduate of the Bible Training Center in Broken Arrow, Oklahoma. Pastor Don also served in the United States Air Force Reserve with over 26 years of military service. He and his wife Laura have four children. Joshua, Caleb, Mariah and Rachel. Pastor, thank you for being here today and welcome to the Texas Senate. Members, let's give Pastor Don Olson a round of applause.

SENATOR OGDEN: Members, Senator Whitmire moves to dispense with the reading of yesterday's journal. Is there objection? The Chair hears no objection from any member, so ordered. Mr. Doorkeeper.

MR. DOORKEEPER: Mr. President, there's a messenger from the house.

SENATOR OGDEN: Admit the messenger.

MESSENGER: Mr. President, I'm directed by the House to inform the Senate that the House has taken the following action. The House has passed the following measures. HB3 by --

SENATOR OGDEN: Thank you. The Chair lays out the following resolution. The secretary will read the resolution by Watson.

PATSY SPAW: Senate Resolution 750 commending Austin's troop of the Boy Scouts of America on the occasion of its 100th anniversary by Watson.

SENATOR OGDEN: Chair recognizes Senator Watson on the resolution.

SENATOR WATSON: Thank you very much, Mr. President. Members, many of you know that the Boy Scouts of America was founded in Washington in February of 1910. Only one year later on March 7th, 1911, scouting came to Austin, Texas when Lyman Bailey organized Scout Troop No. 1. Since 1911 Troop 1 has produced a remarkable 55 Eagle Scouts and shaped countless young men. We're honored to have members and friends of Austin Boy Scout Troop No. 1 here today. And as I call out their name, I'd like for them to stand up. We have with us Kuruvila Mani, Scoutmaster; Thomas Bizzell, Assistant Scoutmaster. We're joined by Dan Wight and his wife Gail. Mr. Wight is the Committee Chair. Elizabeth Gintella is the Advancement Chair; and we have with us current scouts: Joshua Mireles, who's a senior patrol leader; Stephen Gintella, who's the assistant patrol leader; Timothy Gintella, and Trenton Wight. First of all, we want to say thank you to Troop No. 1 in Austin for the hundred years of service toward our youth and the Austin community. And members, I hope you'll please join me in welcoming this wonderful group of Scouts to the Texas Senate. Mr. President, I move adoption of Senate Resolution No. 750.

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

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

SENATOR OGDEN: Senator Deuell. The Chair recognizes Senator Deuell for a motion.

SENATOR DEUELL: Thank you, Mr. President. Members, on April 20, 2011, Governor Perry requested that the nomination of Joyce King to be a member of the Cancer Prevention Research Institute of Texas Oversight Committee be withdrawn. Ms. King resigned April 14th, 2011. Mr. President and members, the governor requests that the Senate return this nomination to him. I move that the Senate grant the request from the governor and return this nomination.

SENATOR OGDEN: Is there objection? Hearing none, the motion is adopted and the nomination is returned to the governor. Chair recognizes Senator Fraser to introduce the doctor of the day.

SENATOR FRASER: Thank you, Mr. President. Members, it's an honor today to introduce the physician of the day Dr. Jeffrey Edwards from Stephenville. Dr. Edwards attended the University of Washington School of Medicine in Seattle. He did his residency at the Family Practice of Idaho. Dr. Edwards is the chief of staff at the Texas Health Harris Methodist Hospital in Stephenville. Please join me in welcoming Dr. Edwards to the Texas Senate.

SENATOR OGDEN: Dr. Edwards, thank you for being here and thank you for your service. Chair recognizes Senator Birdwell for an introduction.

SENATOR BIRDWELL: Thank you, Mr. President and members. Today in the south gallery of the Senate we are joined by a group of Bosskyville High School seniors. These students are visiting the Texas Capitol as part of the school's economic and government study program and the group is led by Bossyville school district superintendent Mr. James Hopper. Members, please welcome me -- help me in welcoming these young Texans. Would you please stand in the south gallery and be recognized by your state Senate. Thank you, Mr. President.

SENATOR OGDEN: Following message from the governor. The secretary will read the message.

PATSY SPAW: To the Senate of the 82nd legislature regular session I ask the advice, consent and confirmation of the Senate with respect to the following appointments: To be members of the Texas Health Services Authority Corporation: Frederick J. Buckwold, Houston; Matthew J. Hamlin, Argyle; James L. Martin, Austin; William A. Phillips, Jr., San Antonio; Jennifer Rangel, Austin. To be members of the Texas Military Preparedness Commission: Thomas C. Duncavage, League City; Arthur R. Emmerson, San Antonio; Woody F. Gilliland, Abilene; Karen S. Rankin, San Antonio; A. F. "Tom" Thomas, Jr., El Paso. To be members of the Texas Board for Occupational Therapy Examiners: William M. Hale, Austin; Delana Hannaker, Amarillo; Stephanie Johnson, Magnolia; Pamela Dean Malone, Fort Worth. To be members of the Task Force on Indigent Defense: Anthony C. Odiorne, Amarillo; Owen Underwood, Willis. To be a member of the Council of Sex Offender Treatment: Louis Gonzales the III, Round Rock. To be members of the Coastal Water Authority Board of Directors: Douglas E. Walker, Beach City; Evelyn Nash, Houston. To be members of the State Board of Orthotic and Prosthetics: Rebecca Hill Brou, Rockport; David R. Kercheval, Grandview. To be members of the Texas Department of Rural Affairs: N. Remelle Farrar, Crowell; Brian Tucker, Childress; Patrick L. Wallace, Athens. On January 19th, 2011, I submitted the name of Carol Frost Treadway for the appointment of to the State Employee Charitable Campaign Policy Committee. Because she resigned I hereby withdraw her nomination and request that the Senate return the appointment to me. Respectfully submitted, Rick Perry, governor of Texas. All to nominations.

SENATOR OGDEN: Members, if there are no objections, I'd like to postpone the reading and referral of bills until the end of today's session. Is there objection? The Chair hears none and the referral is postponed. Members, that concludes the morning call. Senator Nelson is recognized for a motion to suspend the regular order of business on Committee Substitute to Senate Bill 224.

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 224. The goal of Senate Bill 224 is to recognize schools and teachers who are excelling at improving student health. Committee Substitute to Senate Bill 224 directs the commissioner of the Texas Education Agency to create a tiered healthy school recognition program. It allows the commissioner to establish partnerships with private and nonprofit entities who have established similar programs and it allows schools that have already been recognized by a similar program to automatically be qualified for recognition under this program. Members, this bill has no fiscal note and any resources needed to implement the program must come from gifts, grants, and donations. This will create a no cost way to recognize the schools, teachers and administrators who have succeeded in their efforts to improve the health of our students. I move suspension, Mr. President.

SENATOR OGDEN: Senator Nelson moves suspension of the regular order of business to take up and consider Committee Substitute to Senate Bill 224. Is there objection? Hearing none, the rules are suspended. The Chair lays out on second reading Committee Substitute to Senate Bill 224. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 224 relating to a program to recognize public schools with successful student health and fitness programs.

SENATOR OGDEN: Senator Nelson is recognized for a motion.

SENATOR NELSON: I move passage of Committee Substitute to Senate Bill 224 to engrossment.

SENATOR OGDEN: Is there objection? Hearing none, Committee Substitute to Senate Bill 224 is passed to engrossment. Senator Nelson is recognized for a motion to suspend the constitutional three day rule.

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

SENATOR OGDEN: The secretary will call the roll.

SENATOR OGDEN: Being 30 ayes and one nay, constitutional three day rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to Senate Bill 224. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 224 relating to a program to recognize public schools for successful student health and fitness programs.

SENATOR OGDEN: Senator Nelson is recognized for a motion.

SENATOR NELSON: I move final passage of Committee Substitute to Senate Bill 224.

SENATOR OGDEN: Senator Nelson moves final passage. The secretary will call the roll.

SENATOR OGDEN: There being 31 ayes and no nays, the bill is finally passed. Congratulations, Senator.

SENATOR NELSON: Thank you, Mr. President.

SENATOR OGDEN: Senator Uresti is recognized for a motion to suspend the regular order of business on Senate Bill 963.

SENATOR URESTI: Thank you, Mr. President, members, good morning. Senate Bill 963 relates to certification of a person eligible for disabled parking privileges. The bill will eliminate the current restriction that only physician's assistants and advanced practice nursing practices to prescribe prescriptions for handicapped parking placards in counties with a population of 125,000 or less. Eliminating this restriction will help ensure that patients who live in medically underserved areas located in urban counties receive their medically necessary parking placard without delay. With that, Mr. President and members,I move to suspend the Senate's regular order of business to take up and consider Senate Bill 963.

SENATOR OGDEN: Senator Wentworth, for what purpose do you rise?

SENATOR WENTWORTH: For a couple of questions of my friend Senator Uresti.

SENATOR OGDEN: You're recognized.

SENATOR WENTWORTH: Senator, I'm sure you're aware, as all of us are that get phone calls and observe misuse of these handicap stickers and rear-view mirror hanging things. This bill would allow physician assistants to issue these that are currently being required to be issued by medical doctors? Is that right?

SENATOR URESTI: That's correct, Senator Wentworth. And the issue that you bring up I know we've talked about before. There obviously is abuse of the placards, but that shouldn't be the reason why we should not properly dispense these to those who medically are -- medically need these parking permits.

SENATOR WENTWORTH: Well, I'm going to respectfully vote no. I just think there's such an abuse of the system already that allowing others in addition to medical doctors to issue these placards is just going to exacerbate the problem that we already have.

SENATOR URESTI: Thank you, Senator Wentworth. And as you know, they definitely would do this under the supervision of a physician. Thank you.

SENATOR WENTWORTH: Well, you say under the supervision of a physician, why don't we just let the physician do it? Why are we allowing physician's assistants --

SENATOR URESTI: Well, because --

SENATOR WENTWORTH: -- the unfettered ability to do it on their own?

SENATOR URESTI: As you know, physicians are very busy depending on what area of the state they represent or they serve in, they need the assistance of a physician's assistant, hence the name physician's assistant that help them and assist them in treating their patients. And so they would, as with their other duties as physician's assistants would be under the supervision of a physician. That's always the purpose of a physician and a physician's assistant.

SENATOR WENTWORTH: What does that mean though? Under the supervision of a physician. My guess is those placards are going to be issued by physicians assistants, the medical doctor will never know the names, never will approve it, they'll be done and issued and gone. Maybe at the end of the month maybe he'll glance at a list and that's my concern.

SENATOR URESTI: Right. I understand that, Senator Wentworth.

SENATOR OGDEN: Senator Uresti moves suspension of the regular order of business to take up and consider Senate Bill 963. There is objection. The secretary will call the roll.

SENATOR OGDEN: There being 30 ayes and one nay, rules are suspended. The Chair lays out on second reading Senate Bill 963.

PATSY SPAW: Senate Bill 963 relating to certification of a person that's eligible for disabled parking privileges.

SENATOR OGDEN: Senator Uresti, you're recognized for a motion.

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

SENATOR OGDEN: Senator Uresti moves passage to engrossment. The secretary will call the roll.

SENATOR OGDEN: : There being 30 ayes and one nay, Senate Bill 963 is passed to engrossment. Senator Uresti, you're recognized to suspend the constitutional three day rule.

SENATOR URESTI: So moved, Mr. President.

SENATOR OGDEN: The secretary will call the roll.

SENATOR OGDEN: Being 30 ayes and one nay, the constitutional three day rule is suspended. The Chair lays out on third reading and final passage Senate Bill 963. The secretary will read the caption.

PATSY SPAW: Senate Bill 963 relating to certification of a person eligible for disabled parking privileges.

SENATOR OGDEN: : Senator Uresti, you're recognized for a motion.

SENATOR URESTI: Mr. President, I move final passage of Senate Bill 963.

SENATOR OGDEN: The secretary will call the roll.

SENATOR OGDEN: There being 30 ayes and one nay, the bill is finally passed.

SENATOR URESTI: Thank you.

SENATOR OGDEN: Senator West. Senator Nichols. Senator West is recognized for a motion to suspend the regular order of business on Senate Bill 1662.

SENATOR WEST: Thank you very much, Mr. President. At this time I move to suspend the Senate's regular order of business to take up and consider at this time Senate Bill 1662 with my coauthor Steve Ogden. This is one of those bills that I won't go into the details of it, but this is a bill that deals specifically with Prairie View A&M University. It was one of those bills that was on the local calendar that -- I think it was one of those bills, Senator Eltiffe, that Senator Ogden decided to knock off of the local calendar but after further consideration he's decided to coauthor the bill and I appreciate that. Members, what this bill essentially does is Prairie View A&M University has been relying upon a letter from the comptroller as authority to expense state funds appropriated for several of their programs. The programs being the academic for collegiate excellence and student success initiative, and they've relied on that particular letter in order to allow students and employees to travel. And so the comptroller recommended that had they get a statute passed, Senator Ogden, to make certain there was statutory authority to do that. That's all this bill does. So I move to suspend the regular order of business at this time.

SENATOR OGDEN: Senator West, I thank you for explaining the bill and that is a very successful program at Prairie View and I am glad that you got to share it with the senators on the floor. Senator West moves to suspend the regular order of business to take up and consider Senate Bill 1662. Is there objection? The Chair hears none, the rules are suspended. The Chair lays out on second reading Senate Bill 1662. The secretary will read the caption.

PATSY SPAW: Senate Bill 1662 relating to the payment of costs associated with certain educational programs of Prairie View A&M University.

SENATOR OGDEN: Senator West is recognized for a motion.

SENATOR WEST: Move passage to engrossment.

SENATOR OGDEN: : Is there objection? Hearing none, Senate Bill 1662 is passed to engrossment. Senator West is recognized for a motion to suspend the constitutional three day rule.

SENATOR WEST: I just need to make certain, what was the vote on that last, 31 to zero? Senator Eltife, what was that vote, 31 to zero?

SENATOR ELTIFE: Senator West, I believe it was 31 to zero.

SENATOR WEST: Okay. I was just which checking.

SENATOR ELTIFE: Let's have the president verify that vote.

SENATOR OGDEN: Senator Eltife, you do not have the floor.

SENATOR ELTIFE: Senator West yielded it to me.

SENATOR WEST: I yield to him.

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

SENATOR WEST: Mr. President, I move to suspend the three day rule. I move to suspend the three day rule on Senate Bill 1662.

SENATOR OGDEN: The secretary will call the roll.

SENATOR OGDEN: There being 31 ayes and no nays -- or 30 ayes and one nay, the constitutional three day rule is suspended. The Chair lays out on third reading and final passage Senate Bill 1662. The secretary will read the caption.

PATSY SPAW: Senate Bill 1662 relating to the payment of cost associated with certain educational programs of Prairie View A&M University.

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

SENATOR WEST: Mr. President, I move final passage of Senate Bill 1662.

SENATOR OGDEN: The secretary will call the roll.

SENATOR OGDEN: There being 31 ayes and no nays, the bill is finally passed. Thirty-one to zero. Senator Patrick, you're recognized for an introduction.

SENATOR PATRICK: Thank you, Mr. President and members. I'm proud, we have some members in the gallery who work with pregnancy care centers who serve women in Texas and across the United States with integrity and compassion. Today more than 2500 pregnancy care centers across the country provide comprehensive care to women and men facing unplanned pregnancies. These facilities offer resources to meet physical, psychological and spiritual needs. This includes such free services of pregnancy tests, confidential peer counseling, 24-hour telephone hotlines, childbirth and parenting classes and referrals to community health care and other support services. Pregnancy care centers rely primarily on the generosity of donations and volunteers who are committed to meeting the needs of women and promoting and protecting life. In the gallery we have a number of volunteers, if you will stand, and we would like to welcome you today to the Texas Senate our pregnancy care workers. Mr. President. Thank you for being here, thank you for what you do for our community.

SENATOR OGDEN: Senator Whitmire is Recognized for a motion to suspend the regular order of business on Committee Substitute Senate Bill 205.

SENATOR WHITMIRE: Thank you. I so move to suspend the regular order of business to take up and consider the Committee Substitute for Senate Bill 205. Members, currently law does not emphasize or require a specific policy by school districts to address the growing problems with school bullying and cyber bullying. These events are lumped in with their other harassment prohibited conduct statements. Texas needs to join with the other 37 states which have passed specific legislation to deal with these concerns. Senate Bill 205 addresses this in what we have been lacking is a concentrated and consistent effort within our school districts to develop a policy that addresses the events utilizing evidence based practices. This legislation will bring these events out of the shadows and shine a bright light on them. This law empowers school districts to address bullying and cyber bullying and to prevent and deal with these incidents in a positive and proactive manner. Members, to be effective school district policies must be comprehensive and create accountability and transparency throughout the entire process. And at this time I would move suspension.

SENATOR OGDEN: Senator Whitmire moves suspension of the regular order of business to take up and consider Committee Substitute to Senate Bill 205. Is there objections? Hearing none, the rule is suspended. The Chair lays out on second reading Committee Substitute to Senate Bill 205. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 205 relating to school district policies to prohibit bullying, cyber bullying, and harassment and intimidation.

SENATOR OGDEN: Senator Whitmire is recognized for a motion.

SENATOR WHITMIRE: I move to suspend the regular order of business and move Senate Bill 205 to passage to engrossment.

SENATOR OGDEN: Senator Whitmire moves passage to engrossment of Committee Substitute to Senate Bill 205. Is there objection? The Chair hears none, the bill is passed to engrossment. Senator Whitmire is recognized for a motion to suspend the constitutional three day rule.

SENATOR WHITMIRE: I so move, Mr. President.

SENATOR OGDEN: The secretary will call the roll.

SENATOR OGDEN: Being 29 ayes and two nays, the constitutional three day rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to Senate Bill 205. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 205 relating to school district policies to prohibit bullying, cyber bullying, harassment and intimidation.

SENATOR OGDEN: Senator Whitmire is recognized for a motion. Senator Whitmire is recognized for a motion on final passage.

SENATOR WHITMIRE: I do move.

SENATOR OGDEN: Senator Whitmire moves final passage of Committee Substitute to Senate Bill 205. The secretary will call the roll.

SENATOR OGDEN: There being 30 ayes and one nay, the bill is finally passed. Senator Shapiro is recognized for a motion to suspend the regular order of business on Committee Substitute to Senate Bill 518.

SENATOR SHAPIRO: Thank you very much, Mr. President and members. I move to suspend the Senate's regular order of business to take up and consider Committee Substitute to Senate Bill 518. We believe the Committee Substitute to Senate Bill 518 will improve the quality of education for the 6th, 7th and 8th grade students in middle schools throughout the state of Texas. A student upon entering high school and academic performance in the 8th grade, their academic performance and their age are the two most important predictors of how their high school will be. Therefore it is frequent -- frequently said that middle grades are the last best chance to identify students at risk of academic failure and get them back on track in time to succeed. Unfortunately many teachers in the middle grades do not have content mastering necessary to enact rigorous curriculum or prepare students for high school course work. The middle grades have been a top priority of mine for several years, and this bill aims to begin the necessary reforms to improve student success. The major provisions of the bill are requiring middle grade teachers to demonstrate content mastery. They are to identify at risk or potentially at risk middle school students and provide interventions based on individual student needs. They are to facilitate better transitions from the middle grades into the high school with parent involvement and they provide opportunities to learn positive academic behaviors and high school readiness in a student advisory class. The middle grades should provide the glue that keeps our students -- between elementary school and high school. And as more and more research becomes available on dropout prevention and college readiness, we continue to see how influential these years really are. However, we seem to be finding that instead of glue, we have gaps. Texas must respond mand Committee Substitute to Senate Bill 518 is that first step in response. Move suspension of the regular order of business at this time.

SENATOR OGDEN: Senator Shapiro moves suspension of the regular order of business to take up and consider Committee Substitute to Senate Bill 518. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute to Senate Bill 518. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 518 relating to initiatives designed to improve performance of public school students.

SENATOR OGDEN: The following amendment. The secretary will read the amendment.

PATSY SPAW: Floor Amendment No. 1 by Watson.

SENATOR OGDEN: Chair recognizes Senator Watson to explain his amendment.

SENATOR WATSON: Thank you, Mr. President and members. And thank you, Senator Shapiro, for bringing this bill. I believe this amendment is acceptable to the author and it does two things. First it clarifies that compensatory education funds may be used for funding and learning time programs that are proven effective in approving student retention and performance and to prepare students for college and career. It also gives school districts greater -- 8th graders who are failing two or more foundation curriculum courses is "at risk of dropping out". This doesn't change the allocation of compensatory education funds because that's calculated by free and reduced lunch numbers but allows schools to bring these 6th graders into more targeted programs. As I indicated, I believe this is acceptable to the author and I move adoption of floor amendment No. 1.

SENATOR SHAPIRO: It is acceptable. Thank you, Senator Watson.

SENATOR WATSON: Thank you, Senator.

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

SENATOR SHAPIRO: Thank you, Mr. President. I move passage to engrossment of Senate Bill 516 at this time.

SENATOR OGDEN: Is there objection? Hearing none, the bill is passed to engrossment. Senator Shapiro is recognized for a motion to suspend the constitutional three day rule.

SENATOR SHAPIRO: So moved.

SENATOR OGDEN: The secretary will call the roll.

SENATOR OGDEN: Being 30 ayes and one nay, the constitutional three day rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to Senate Bill 518.

PATSY SPAW: Committee Substitute Senate Bill 518 relating to initiatives designed to improve performance of public school students.

SENATOR OGDEN: Senator Shapiro is recognized for a motion.

SENATOR SHAPIRO: Thank you, Mr. President. I move final passage of Committee Substitute to Senate Bill 518 as amended.

SENATOR OGDEN: The secretary will call the roll.

SENATOR OGDEN: Being 31 ayes and no nays, Committee Substitute to Senate Bill 518 is finally passed.

SENATOR SHAPIRO: Thank you very much.

SENATOR OGDEN: Senator Duncan is recognized for a motion to suspend the regular order of business on Committee Substitute to Senate Bill 1717.

SENATOR DUNCAN: Thank you, Mr. President and members. Senate Bill 1717 or the Committee Substitute therefore is a bill that we have been working on for several years. You'll recall we passed a similar version of this bill off the Senate floor only to have it hung up in the House. The genesis of this bill is a report of the court administration task force of the state bar of Texas. Currently in Texas our judicial code in the laws affecting the courts in the state of Texas is confusing. Inconsistent and nonuniversal. Existing law is problematic because there are several tiers of courts, with different administrative and different types of inconsistent application of administrative provisions in the courts. This bill takes the first step toward modernizing the state court system. It has the endorsement of about every judicial organization and entity in the state of Texas. It has the endorsement of such groups as TLR and the Texas Trial Lawyers Association. It is truly a consensus bill. A number of things that it does and it's a little different from what we've done in the past. If you recall in the past, Senator Hinojosa, we were trying to convert super county courts at law with jurisdictional limits that were higher than 100,000 into district courts. We're not doing that in this bill. We took that out primarily because -- not because we didn't think it was good policy, we just don't have the money this session to be able to convert those courts into district courts. So instead, we have asked the office court of administration and others to do a study to determine the feasibility of doing that. We do however -- I think something that's very unique in that we do increase the jurisdictional limit of county courts at law to 200,000. Those that are already at 100 will automatically go up to 200,000, which I think reflects the economic changes of the times. We're not changing any of the other district courts that have different jurisdictional levels above 100, we're just changing those that are at 100. We're also creating in many of the courts, they have magistrates, associate judges, masters, what we're do you think here is creating a uniform provision in the statute so allowing for associate judges to be -- refer to these sorts of special judges as associate judges and these folks will be providing services and judicial services in family law, juvenile, civil law and criminal law. And there are specific provisions about how those things work that will be uniform across the state as opposed to subject to local rules in each state. A county will not be required to have an associate judge under this bill until and unless they choose to do so. Of course they pay for the cost of the associate judge. This will help provide uniformity and protectability for litigants in these courts as well as I think hopefully encourage the use of these courts to help with our courts' backlog. The bill also provides provision for in the past -- one of the controversial things was we had when we first started this process a few years ago was Senate Bill 1204 is that we had a provision in there that provided for a -- what I could call the courts that needed extra resources, complex cases. This bill is similar to what we passed out last session where it simply allows the court in a case of jurisdiction has a case that it believes it needs extra resources, then this bill provides for those extra -- a process where the court can go to the PJ's, the presiding judges shared by the supreme court chief justice to get additional resources for those trials. Unfortunately we don't have any money to do that this session, but at least we'll have the process in place and hopefully in future legislative sessions we can appropriate funds to do that. There is also a provision for grants to PJ's or presiding judges to provide for them to have staff attorneys to assist in their regions and I think it's something that's sorely needed, especially in the rural areas. There are a number of repealers in here but we have had this bill scrubbed up and down with SOS pads and judges and lawyers and everybody else to make sure that these repealers are existing language so that we can move it into a predictable part of the government code. So with that explanation, unless there are any questions, I would be happy to answer those, I would move suspension of the Senate's regular order of business to take up and consider the Committee Substitute for Senate Bill 1717.

SENATOR OGDEN: Senator Hinojosa, you're recognized to ask a question.

SENATOR HINOJOSA: Thank you, Mr. President. Actually I do want to thank Senator Duncan. As you well know for many years we've been trying to come up with a system that's uniform across the state for A judicial system, and we have hot spots of different jurisdictions not only in terms of amounts but also in terms of subject matter jurisdiction. So that we'll move forward. Hopefully some time in the future it will make a difference if I'm county court of law (inaudible) or up in Lubbock County, they'll have the same process and procedures, same jurisdiction amounts so that lawyers can practice outside the counties where I have run into or being trapped by unforeseen issues.

SENATOR DUNCAN: Well, thank you, Senator. I've enjoyed working on this bill in the past and over the years with you, you've provided some very helpful input, I agree with you. We need a more uniform system and a predictable system so that folks know what the rules are when they go into the courthouse.

SENATOR HINOJOSA: Well, thank you for your work.

SENATOR DUNCAN: Thank you, Senator.

SENATOR OGDEN: Chair recognizes Senator Watson for a question.

SENATOR WATSON: Thank you. I also want to echo what Senator Hinojosa said. You have been working on this for more than one session now, and congratulations to you for the continued good work on that. I want to make sure I'm clear on two little things. One is when you were talking about changes the county court level that's been something that's been talked about literally for the past two sessions. What I understand you're doing is if you're at $100 --

SENATOR DUNCAN: 100,000.

SENATOR WATSON: I'm sorry, 100,000, it goes up to 200,000. But if you're above 200,000 -- jurisdictions that are already above 200,000, they're not changed.

SENATOR DUNCAN: That's correct.

SENATOR WATSON: And the second question I've got relates to the description you gave of complex cases. That has been a subject that has evolved the way you approached that over the past couple of sessions and I applaud you for that. This is consistent with what came out of the bar recommendation --

SENATOR DUNCAN: Right.

SENATOR WATSON: -- last session in the bill that you filed last session which is somebody can -- some judge, any judge can indicate they believe that they have a complex case and would need additional resources in order to do it justice, no pun intended but to do it right and if there were funds available and there may be in the future they can perhaps receive funds through the presiding judge process.

SENATOR DUNCAN: Well, through this committee which is composed of the presiding judges and shared by the supreme court justices. Provided at some point in time hopefully we'll provide an appropriation for that. The bill does not appropriate any money, it just basically says if there's a provision in here that doesn't go into effect, you know, if it needs money, it doesn't go into effect until we give it money. So it might have a slight fiscal note but, you know, quite frankly that doesn't apply if we don't appropriate the money for it. But it's exactly the same process that I think we did last session, I don't think there have been any major changes and patterned after the recommendation of the state bar task force.

SENATOR WATSON: Well, congratulations to you. This is the third session where you've dealt with this in a major way and even during the interim the amount of work that has gone into this is one of those things where I think you deserve to be congratulated and thanked for the work you put into it.

SENATOR DUNCAN: Thank you, Senator. I think my staff deserves a lot of that praise too, they've worked real hard on this.

SENATOR OGDEN: Senator Duncan moves suspension of the regular order of business to take up and consider Committee Substitute to Senate Bill 1717. Is there objection? The Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute to Senate Bill 1717. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1717 relating to the operation and administration of judicial branch of government.

SENATOR OGDEN: Senator Duncan is recognized -- following amendment, secretary will read the amendment.

PATSY SPAW: Floor Amendment No. 1 by Duncan.

SENATOR OGDEN: Senator Duncan is recognized to explain his amendment.

SENATOR DUNCAN: Thank you, Mr. President and members. As I was reading this bill and getting ready for today, it occurred to me it was effective date was September 1st of 2011. It occurred to me that all lawyers are required to take CLE and I was hoping that we would have a little more time for the CLE to catch up to advise people of the changes that are in this law, so I made the executive decision to move the effective date to January 1st, 2012, and that's what this amendment does and it makes conforming changes throughout the bill.

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

SENATOR DUNCAN: I move passage to engrossment.

SENATOR OGDEN: Is there objection? Hearing none, Committee Substitute to Senate Bill 1717 is passed to engrossment. Senator Duncan is recognized for a motion to suspend the constitutional three day rule.

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

SENATOR OGDEN: The secretary will call the roll.

SENATOR OGDEN: Being 29 ayes and two nays, constitutional three day rule is suspended. Chair lays out on third reading and final passage Committee Substitute to Senate Bill 1717.

PATSY SPAW: Committee Substitute to Senate Bill 1717 relating to operation and administration of the judicial branch of state government.

SENATOR OGDEN: Senator Duncan is recognized for a motion.

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

SENATOR OGDEN: The secretary will call the roll.

SENATOR OGDEN: There being 30 ayes and one nay, the bill is finally passed. Senator Hinojosa is recognized for a motion to suspend the regular order of business to take up and consider Committee Substitute to Senate Bill 877.

SENATOR HINOJOSA: Thank you, Mr. President and members. Committee Substitute to Senate Bill 877 deals with security bond revocation. Currently in Texas, when a bail bond is written to obtain the release of a defendant from custody the a surety may end its liability on the bond if the principle is rearrested for another offense under the Texas court of criminal procedure. However, this article under the Texas court of criminal procedure is not uniformly followed across the state. Some sheriff's offices refuse to follow because of lack of a mechanism to place a hold or to timely get a warrant for the principle before he or she is released from another jurisdiction. The purpose of Committee Substitute to Senate Bill 877 is to address these concerns with certain sheriff offices and to ensure that a court of criminal procedures is being applied and followed uniformly across the state and takes care of some of the issues that some of the sheriffs have with the present statute. And I think Senator Nichols will have an amendment to make sure we also include the District Attorneys office in the loop. So, Mr. President and members, if there's no questions I move that we suspend the Senate's regular order of business to take up and consider Committee Substitute Senate Bill 877.

SENATOR OGDEN: Is there objection? The Chair hears none, the rules are suspended. The Chair lays out on second reading Committee Substitute to Senate Bill 877. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 877 relating to verification of incarceration of an accused in a criminal case for purposes of an assured person and liability on a bail bond.

SENATOR OGDEN: Following amendment. Secretary will read the amendment.

PATSY SPAW: Floor Amendment No. 1 by Nichols.

SENATOR OGDEN: Senator Nichols is recognized to explain his amendment.

SENATOR NICHOLS: Thank you, Mr. President and members. This amendment requires a copy of the affidavit that's filed with the sheriff to also be filed with the District Attorney. It's a friendly amendment.

SENATOR HINOJOSA: The amendment is acceptable.

SENATOR OGDEN: Senator Nichols moves adoption of Floor Amendment No. 1. Is there objection? The Chair hears none, the amendment is adopted.

SENATOR NICHOLS: Thank you.

SENATOR HINOJOSA: Thank you.

SENATOR OGDEN: Senator Hinojosa is recognized for a motion.

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

SENATOR OGDEN: Is there objection? Hearing none, the bill is passed to engrossment. Senator Hinojosa is recognized for a motion to suspend the constitutional three day rule.

SENATOR HINOJOSA: So moved.

SENATOR OGDEN: The secretary will call the roll.

SENATOR OGDEN: Being 30 ayes and one nay, the constitutional three day rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to Senate Bill 877. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 877 relating to verification of incarceration of an accused person for purposes of discharging a surety's liability on a bail bond.

SENATOR OGDEN: Senator Hinojosa is recognized for a motion.

SENATOR HINOJOSA: Mr. President, I move final passage of Committee Substitute to Senate Bill 877 as amended.

SENATOR OGDEN: Secretary will call the roll.

SENATOR OGDEN: Being 31 ayes and no nays, the bill is finally passed.

SENATOR HINOJOSA: Thank you.

SENATOR OGDEN: Senator Hegar is recognized for a motion to suspend the regular order of business on Senate Bill 1296.

SENATOR HEGAR: Thank you, Mr. President. Senate Bill 1296 allows moneys previously collected by the Railroad Commission from financial assurance to be used to pay an administrative penalty imposed by the commission that a person has failed to pay before the penalty is due by applying the financial assurance moneys by outstanding administrative penalties. The number of referrals currently made to the office of attorney general for collection and rule in civil district court cases would be reduced. And I would move to suspend the Senate's regular order of business to take up and consider Senate Bill 1296.

SENATOR OGDEN: : Senator Hegar moves suspension of the regular order of business. Is there objection? The Chair hears none, the rule is suspended. The Chair lays out on second reading Senate Bill 1296. The secretary will read the caption.

PATSY SPAW: Senate Bill 1296 relating to the use of proceeds or bonds or other financial security filed with the Railroad Commission of Texas.

SENATOR OGDEN: Senator Hegar is recognized for a motion.

SENATOR HEGAR: Move passage to engrossment.

SENATOR OGDEN: Is there objection? Hearing none, Senate Bill 1296 is passed to engrossment. Senator Hegar is recognized for a motion to suspend the constitutional three day rule.

SENATOR HEGAR: So moved.

SENATOR OGDEN: The secretary will call the roll.

SENATOR OGDEN: 30 ayes and one nay, the constitutional three day rule is suspended. The Chair lays out on third reading and final passage Senate Bill 1296. The secretary will read the caption.

PATSY SPAW: Senate Bill 1296 relating to the use of proceeds or bonds or other financial security filed with the Railroad Commission of Texas.

SENATOR OGDEN: Senator Hegar is recognized for a motion.

SENATOR HEGAR: I move final passage of Senate Bill 1296.

SENATOR OGDEN: The secretary will call the roll.

SENATOR OGDEN: Being 31 ayes and no nays, Senate Bill 1296 is finally passed. Senator Ellis is recognized for a motion to suspend the regular order of business on Senate Bill 1682.

SENATOR ELLIS: Thank you, Mr. President and members. This bill would clearly define and give local jurisdictions the option -- the option to establish managed assigned counsel programs. Managed assigned counsel programs would be operated by governmental entity, nonprofit or bar association. Their job is to appoint private attorneys to represent indigent clients and assure that attorneys' case loads are reasonable, make sure attorneys are qualified and properly trained and assure that attorneys did the work for which they are being paid. Lubbock and Montgomery counties have recently created this type of program. However these programs cannot be fully implemented without passage of the bill. Senator Duncan passed this same bill last session of the legislature on the Senate side unanimously, but it died on the House calendar. So I move to suspend the Senate's regular order of business to take up and consider Senate Bill 1682.

SENATOR OGDEN: Senator Ellis moves suspension of the regular order of business to take up and consider Senate Bill 1682. There is objection. The secretary will call the roll.

SENATOR OGDEN: There being 29 ayes and two nays, the rule is suspended. The Chair lays out on second reading Senate Bill 1682. The secretary will read the caption.

PATSY SPAW: Senate Bill 1682 relating to the creation of managed assigned counsel programs.

SENATOR OGDEN: Senator Ellis is recognized for a motion.

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

SENATOR OGDEN: The secretary will call the roll.

SENATOR OGDEN: There being 29 ayes and two nays, the rule is passed -- the bill is passed to engrossment. Senator Ellis is recognized for a motion to suspend the constitutional three day rule.

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

SENATOR OGDEN: The secretary will call the roll.

SENATOR OGDEN: Being 28 ayes and three nays, the constitutional three day rule is suspended. Chair lays out on third reading and final passage Senate Bill 1682. The secretary will read the caption.

PATSY SPAW: Senate Bill 1682 relating to the creation of managed assigned counsel programs.

SENATOR OGDEN: Senator Ellis is recognized for a motion.

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

SENATOR OGDEN: The secretary will call the roll.

SENATOR OGDEN: Being 29 ayes and two nays, the bill is finally passed. Thank you.

SENATOR ELLIS: Thank you.

SENATOR OGDEN: Senator Carona is recognized for a motion to suspend the regular order of business on Committee Substitute to Senate Bill 1693.

SENATOR CARONA: Thank you, Mr. President, members. The current process to recover investment, revenue, expenditures associated with our electric grid infrastructure can be drawn out and rather administratively burdensome. So the utilities can utilize the timely cost recovery mechanism for distribution cost, this bill allows electric utilities to petition the PUC for approval of a periodic rate adjustment for nonfuel rates. This bill provides that only invested capital specifically poles and wires and distribution related plant equipment and networks are subject to -- all subject to commission determination are eligible for a periodic rate adjustment. This does not include expenses nor does it include generation investment. In addition, this bill provides that a periodic rate adjustment must be approved in an expedited fashion that allows for appropriate updates and participation of affected parties, the adjustment must also take into account the effect load growth has on the revenues covered to the utilities based rates. And working with stakeholders we were able to incorporate a number of safeguards to protect against unattended consequences and abuse. This includes for example limiting periodic rate adjustments to no more than once a year and no more than four of them between full rate cases. The bill also provides for a prudency review of the periodic rate adjustment to true up the investments that have been included. One final thing, the bill grants the PUC rule making authority to implement PRA's relating to distribution cost and this rule making also incorporates safeguards. And then finally the periodic rate adjustment provision outlined in this bill will expire in six years. We want -- I believe this is the right thing to do but at the same time we want to come back and carefully examine the results and we will do so in 2017. Mr. President, I move suspension.

SENATOR OGDEN: Senator Davis, you're recognized to ask a question.

SENATOR DAVIS: Will Senator Carona yield for a question.

SENATOR CARONA: Yes, certainly.

SENATOR DAVIS: Senator Carona, I just want to make sure, and I think your Committee Substitute does cover this, but I know that some of the consumer groups were concerned that by streamlining this process the PUC would grant a rate increase without looking at the entire operation of an electric company that was asking for that rate increase. And therefore even if part of their business had become more efficient, they might actually be able to get a rate increase based on just looking at a narrow piece of their business without looking at the overall picture and they might be getting a windfall as a result of that.

SENATOR CARONA: I think, Senator, that was a concern when the original bill was filled, I think you're absolutely right. I think the Committee Substitute took care of that and we expanded in the Committee Substitute both the authority of the PUC in these matters and of course we also wanted to guard against the abuse of one periodic rate adjustment after another, after another, after another and so we put limitations in there as well. We think this was a good balance. We really did work very carefully with all of the stakeholders, I think we have it right. I mean, the groups seem by and large pleased with the results. But even as one final safeguard I thought it was important that we sunset this bill and so we're going to try this process and try it very carefully. But the first sign of abuse, then we'll come right back to where we were previously.

SENATOR DAVIS: Thank you, Senator Carona. And I hope as a piece of that sunset, we will look at that and make sure that the PUC really has looked at the overall cost and efficiencies that these companies are gaining and that they're not allowing them a state of loss and a portion and achieve a rate increase based on that, where they might actually be making money in other arenas.

SENATOR CARONA: I think you're absolutely correct. We examined that very same issue this morning in a hearing on this same type of issue but relative to gas and those were concerns. Now, this bill has been revamped to take care of that. The gas bill's a different matter. We'll be looking at that as we go, but that always -- I think you have to be very careful. If they're not taking such a narrow look to make sure that the system is not being manipulated to get benefit in one area and justification for a rate increase when all the while they should have and could have been spending in other areas as well.

SENATOR DAVIS: Thank you, Senator Carona. Thank you for your work on this bill.

SENATOR CARONA: You're quite welcome.

SENATOR OGDEN: Senator Carona moves suspension of the regular order of business to take up and consider Committee Substitute to Senate Bill 1693. Is there objection? Hearing none, the rule is suspended. The Chair lays out on second reading Committee Substitute to Senate Bill 1693. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1693 relating to periodic rate adjustment by electric utilities.

SENATOR OGDEN: Following amendment. Secretary will read the amendment.

PATSY SPAW: Floor Amendment no. 1 by Carona.

SENATOR OGDEN: Senator Carona is recognized on this amendment.

SENATOR CARONA: Mr. President, this amendment makes a technical clarification that the cost reference in the subsection describing cost allocations are only those costs related to invested capital as determined by the parameters of this bill. Actually this is related to the very issue that Senator Davis was talking about a moment ago to provide the safeguards necessary and to make sure that the reviews are proper and inclusive. I move adoption.

SENATOR OGDEN: Senator Carona moves adoption of Floor Amendment No. 1. It is acceptable to the author. Is there any objection? The Chair hears none, amendment is adopted. Senator Carona is recognized for a motion.

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

SENATOR OGDEN: Is there objections? Hearing none, the bill is passed to engrossment. Senator Carona is recognized for a motion to suspend the constitutional three day rule.

SENATOR CARONA: So moved.

SENATOR OGDEN: The secretary will call the roll.

SENATOR OGDEN: There being 29 ayes and two nays, the constitutional three day rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to Senate Bill 1693. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1693 relating to periodic rate adjustment by electric utilities.

SENATOR OGDEN: Senator Carona is recognized for a motion.

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

SENATOR OGDEN: The secretary will call the roll.

SENATOR OGDEN: : Being 30 ayes and one nay, the bill is finally passed.

SENATOR OGDEN: Senator Nichols is recognized for a motion to suspend the regular order of business on Committee Substitute to Senate Bill 573.

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 573. Chapter 13 of the Water Code provides a landowner may petition TCEQ to be released from a certificate of convenience and necessity if the CCN holder is not providing service. CCNs are permits to allow the holder to be exclusive, provide a water and wastewater services to a geographic area. This exclusive right is granted as an incentive to provide water services, having the rights to a CCN as a state-granted monopoly and should come with responsibilities. However, the current process, to be released from a CCN is cumbersome and costly for both the CCN holder and the landowner. It is a disincentive for developers to buy and develop land within a CCN because of the cost to be released or the fear of not being released from a nonserving CCN. Committee Substitute to SB 573 updates current process and makes it clear that if a landowner of 25 acres or more is not receiving water or wastewater, they may petition the TCEQ to be released from the CCN. Committee Substitute to SB 573 maintains the provision, TCEQ may not deny a petition to be released based on the fact certificate holders that borrow under federal loan program, but they would have to pay the appropriate expenses to be released. Committee Substitute to SB 573 only applies to counties of one million or more, their adjacent counties in Smith County, but does not apply to municipal CCNs and cities with a population of 500,000 or more. I have been asked by some interested parties in my district whether this bill would adversely affect the rights of CCN holders who have existing contracts to provide water service with landowners owning 25 acres of land or more. My answer is that the question is emphatically in the negative. It is neither the intent of Senate Bill 573 to impact existing CCN holders who have existing contract rights, when landowners of tracts of land containing 25 acres or more. I wish to set the record clear on the facts. Senate Bill 573 does not impair the rights of CCN holders to provide service to tracts of land subject to existing contract service contract. I would request that last statement be put on the record. And with that I move suspension of the Senate's regular order of business.

SENATOR OGDEN: All right. Senator Nichols moves that his remarks be reduced to writing. Is there objection? The Chair hears none, motion is adopted. Senator Hinojosa, you're recognized.

SENATOR HINOJOSA: Thank you, Mr. President. To ask Senator Nichols, Senator Nichols, I guess under discussion of this issue, at the metro resource committee and what do we talk about, I guess did you narrow it down to a certain area or does this apply statewide?

SENATOR NICHOLS: The process -- currently there is a process that applies statewide. What I did was try to streamline the process when you receive no service, have 25 acres or more and if you're in a county of 1 million or in-adjacent to that county, plus Smith County. So it does not apply statewide, just for those counties.

SENATOR HINOJOSA: Okay. And I guess, I'm looking here at the analysis, it also says that it would place a limitation that TCEQ may not deny a petition based on the fact that a CCN holder is a borrower under federal loan program. Is there risk, for example, that the federal government might call the note on this type of situation where losing territory?

SENATOR NICHOLS: No, sir. What it does do is that if there's a note that's owed it requires this individual who pulls out to pay its proportional amount of it.

SENATOR HINOJOSA: Now, on this landowners that do get out of the CCN, would they ever have a chance to come back in the event of the water service that's available?

SENATOR NICHOLS: Would they have a chance to come back?

SENATOR HINOJOSA: Yeah, I would imagine at some point as the state continues to grow in some areas that are somewhat semi rural, so to speak, and you have growth, would they then maybe sell the land or subdivision? I've seen that done in south Texas, for example.

SENATOR NICHOLS: The CCNs occasionally do add additional land to the CCN. There's a petition process that you go through with TCEQ. So if somebody wanted a petition to get out, I would think someday that if they wanted to get back in and the CCN holder wanted them to, they could.

SENATOR HINOJOSA: Well, I know we got a series of bills and I'm trying to find out which one is this because we had an issue with the water supply corporation down in south Texas that did not support the bill only because I know you had a pressure in your area but it's not a problem in my area, south Texas and I wanted to make sure we are not included in this bill.

SENATOR NICHOLS: We are not including south Texas.

SENATOR HINOJOSA: Okay, thank you.

SENATOR OGDEN: Senator Nichols moves suspension of the regular order of business to take up and consider Committee Substitute to Senate Bill 573. Is there -- there is objection. Clerk call the roll.

SENATOR OGDEN: There being 28 ayes and three nays, the rules is suspended. The Chair lays out on second reading Committee Substitute to Senate Bill 573. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 573 relating to certificates of public convenience and necessity for water sewer services.

SENATOR OGDEN: Senator Nichols is recognized for a motion.

SENATOR NICHOLS: Mr. President and members, I move passage of the Committee Substitute for Senate Bill 573 to engrossment.

SENATOR OGDEN: : The secretary will call the roll.

SENATOR OGDEN: There being 26 ayes and five nays, the bill is passed to engrossment. Senator Hinojosa is recognized for a motion to suspend the constitutional three day rule -- I mean, Senator Nichols.

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

SENATOR OGDEN: Senator Wentworth, you're recognized.

SENATOR WENTWORTH: I have a question for Senator Nichols before we finally vote on the bill if I could. Will you yield for a question?

SENATOR OGDEN: Well, Senator Wentworth, we need to suspend the constitutional three day rule, then the bill will be before us for third reading and then we can ask a question.

SENATOR WENTWORTH: I thought we had already done that.

SENATOR OGDEN: Okay. Not quite. All right. Senator Nichols moves to suspend the constitutional three day rule. The secretary will call the roll.

SENATOR OGDEN: Being 27 ayes and four nays, the constitutional three day rule is suspended. Chair lays out on third reading and final passage Committee Substitute to Senate Bill 573. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 573 relating to certificates of public convenience and necessarily for water or sewer services.

SENATOR OGDEN: Senator Wentworth, you're recognized.

SENATOR WENTWORTH: I'd like to ask Senator Nichols a question.

SENATOR OGDEN: You're recognized to ask Senator Nichols a question.

SENATOR WENTWORTH: Senator Nichols, I just wanted to make sure I understand this bill. You and I visited about this. This is limited to three -- principally three geographic areas, the Austin San Antonio area, the DFW area and the high gross area near Houston?

SENATOR NICHOLS: It's counties of million and adjacent to those counties plus Smith County.

SENATOR WENTWORTH: Right. And one of those areas is the Austin San Antonio corridor which includes I think my entire Senate district and portions of other Senate districts as well. But for this to go into effect, you would actually have to be 25 acres or more and not be receiving any service at the time you got out of the CCN; is that correct?

SENATOR NICHOLS: That's correct.

SENATOR WENTWORTH: All right. Thank you very much for that clarification.

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

SENATOR OGDEN: Senator Nichols moves final passage of Committee Substitute to Senate Bill 573. The secretary will call the roll.

SENATOR OGDEN: There being 26 ayes and five nays, the bill is finally passed.

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

SENATOR OGDEN: Senator Whitmire. Senator Whitmire is recognized for a motion to suspend the regular order of business on Committee Substitute to Senate Bill 1489.

SENATOR WHITMIRE: Thank you, Mr. President. I would move to suspend to take up and consider 1489 which deals with legislation with truancy. Last year over 100,000 truancy tickets were written for youth as young as 11 years old. We have documented cases where they can't pay their tickets and then when they become 17, they're in school, they come and pull them out of class and actually take them to jail for failure to pay those tickets. This is a compromised bill that will allow the continuation of ticket writing and no one under 12 I might point out but it also sets up some guidelines where before they write the ticket, they've got to have intervention with the juvenile justice system, the court gets to see what efforts were made by the education system to deal with the root cause of the truancy and also a significant element that upon successful completion of court ordered programs are sanctioned, the charges for failure to attend an associated fine shall be dismissed or expunged. Also it states if a student returns to the court with a GED or diploma from a school accredited by the TEA before they are 21, any failure to attend case will be expunged upon the court's discretion, the court costs may be waived. It just simply gives some guidelines and some sanity to the practice of writing class C misdemeanor tickets for a failure to attend school. Hopefully this is a step forward in trying to de-criminalize that conduct but also the root cause. I move for suspension at this time.

SENATOR OGDEN: Senator Whitmire moves suspension of the regular order of business to take up and consider Committee Substitute to Senate Bill 1489. There is objection. The secretary will call the roll.

SENATOR OGDEN: There being 27 ayes and four nays, the rule is suspended. The Chair lays out on second reading Committee Substitute to Senate Bill 1489. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1489 relating to educational justice and juvenile justice responses to truancy.

SENATOR OGDEN: Senator Shapiro.

SENATOR SHAPIRO: Can I ask the author a question, please.

SENATOR OGDEN: You're recognized to ask a question of the author.

SENATOR WHITMIRE: I'm sorry, what? Yes, ma'am I yield.

SENATOR OGDEN: Senator Shapiro is recognized to ask you a question.

SENATOR SHAPIRO: Thank you, Senator Whitmire. And I'm so sorry I didn't realize this was coming up today. I've had several JPs in my district that contacted me about this and several school districts that contacted me. Have you had discussions with those that are concerned about some of the issues in the bill?

SENATOR WHITMIRE: Yes, ma'am. The only reason the bill was introduced, we weren't going to allow any class C misdemeanor tickets to be written for truancy so we have compromised where they can now write the tickets, they can't for anyone under 12, but it just creates a process where they have to document -- amends the education code that cannot be referred to municipal courts where they actually have no interaction, they don't have case managers so you can still go to the JP court and juvenile courts and county courts. So I don't know, we're really not tying the hands of the school districts or changing their routines at all. It's mainly telling the court that they can expunge the records if the youth completes the court's sanctions. I'm trying to help you figure out what the school -- oh, here's one. The school must provide a statement to the court which includes the preventions and actions taken by the school prior to filing the complaint.

SENATOR SHAPIRO: You're exactly right, that's the concern that I've gotten from school districts.

SENATOR WHITMIRE: So, you know, it's just -- as you well know, I'm trying to decriminalize this and I haven't been successful with this bill but we're trying to get school districts to get involved. And if they're going to refer it to a court with a class C misdemeanor they've got to document and explain what they've done in the area of intervention before they just write a ticket for not showing up.

SENATOR SHAPIRO: So there's more to this truancy piece though than just not showing up. The truancy piece is actually where they go to the court and the student goes to the court and then they give them the ticket after they've been to the truancy court?

SENATOR WHITMIRE: No, ma'am. No, ma'am.

SENATOR SHAPIRO: They're giving them the ticket, and then they're sending them to court.

SENATOR WHITMIRE: They're writing the ticket to the student, oftentimes to the parent, wherever they locate them because they're truant, then they have to go to the court, becomes part of the record and as you well know, we've spoken to a judge that said he inherited or took over a docket that had all these warrants where 11 and 12 year olds could not pay their tickets and they actually get back in school, at 17, they're showing up at their high school, handcuffing them and taking them to court. So what I'm trying to do is give the school districts discretion but some guidelines to you have got to show the court what you've done as a school district dealing with the social problems or educational issues before it becomes a criminal justice issue.

SENATOR SHAPIRO: Okay.

SENATOR WHITMIRE: I mean. There ain't no question it's giving them additional guidelines, but I think it is very warranted.

SENATOR SHAPIRO: Okay. So basically what your bill does -- and first you had district courts, right, and you took district courts out.

SENATOR WHITMIRE: Municipal courts out.

SENATOR SHAPIRO: You took municipal courts out.

SENATOR WHITMIRE: Now it can be county and JP court.

SENATOR SHAPIRO: JP or --

SENATOR WHITMIRE: Juvenile courts. Dallas has a great model in their juvenile court. The problem you have is there's been a backlog in some JP courts so they refer them over to municipal. When you get to municipal court it's a traffic court essentially. There's absolutely no intervention, no case managers, no nothing, it's a revenue source. And so a couple of jurisdictions use municipal courts but in working through the issue we wanted to give it -- some courts like Dallas actually have a truancy court at the juvenile level. So I think we have worked with the stakeholders but some like to be left alone, of course, but I think this is a step in the right direction. My goal would some day to not criminalize this behavior. It's a very serious problem but when you write people class C misdemeanors, it does not include the reason people are not going to school.

SENATOR SHAPIRO: Right. And I do think if you're going to put them into the position where the school is now going to be held responsible for expressing what they have done that even though this may be somewhat of an imposition on them at the end of the day it might be a benefit to the child.

SENATOR WHITMIRE: What I hope, Senator Shapiro, and your comments are so accurate, it will raise the profile of the importance of dealing with truancy not as criminal justice issue but as an educational, behavioral, lifestyle, dysfunctional set of family circumstances.

SENATOR SHAPIRO: Right, right.

SENATOR WHITMIRE: And we're going to have interim studies to follow this and document it.

SENATOR SHAPIRO: Okay.

SENATOR WHITMIRE: And hopefully make even better improvement down the road.

SENATOR SHAPIRO: Thank you. I appreciate it. I know I got called on it, and I just needed an explanation.

SENATOR WHITMIRE: Thank you.

SENATOR SHAPIRO: Thank you.

SENATOR ELTIFE: Senator Williams, for what purpose?

SENATOR WILLIAMS: Senator Whitmire, do you -- is there an amendment that you have for this? I'm sorry, I wasn't -- when you pulled this up, I understood that there was an amendment that was going --

SENATOR WHITMIRE: Senator Williams, we're not aware of one. We're worked -- like I've said, this bill originally pretty much prohibited the writing of tickets for truancy. We have really modified the bill to where it's pretty much tickets can still be written, they can be expunged if you do things that the court asks, it asks the school district to show what worked and involvement they've played before they wrote the ticket --

SENATOR WILLIAMS: At what age can the record be expunged?

SENATOR WHITMIRE: Beg your pardon?

SENATOR WILLIAMS: At what age can the records be expunged?

SENATOR WHITMIRE: When the young person shows up with a GED or diploma from a high school accredited before they turn 21. If they go and show they've completed their diploma or GED, the court has the discretion to expunge it before they're 21. Also another element that you might be interested in if they successfully complete a court ordered program or sanction for failure to attend the associated fines may be dismissed or expunged. Discretionary by the court.

SENATOR WILLIAMS: Okay. Thank you.

SENATOR ELTIFE: Thank you, Senator Williams. Senator Whitmire has moved passage to engrossment. The secretary will call the roll.

SENATOR WEST: Mr. President.

SENATOR ELTIFE: Senator West, for what purpose?

SENATOR WEST: Just a question of the author. Sorry, I thought I had my light on.

SENATOR WHITMIRE: Yes, sir, I yield to my colleague.

SENATOR ELTIFE: Senator West, proceed.

SENATOR WEST: First of all, Senator Whitmire, great work and I have a green card I'd like to sign on as a coauthor also. And I appreciate you working with Dallas County in recognizing what system we have in place up here with our case managers and we take this issue seriously and I think that the rest of the state's going to take it seriously as a result of the work that you have done.

SENATOR WHITMIRE: Thank you, Senator West, and I look forward to working with you during the interim and the continuation to make truancy the important issue it is and try to decriminalize it and make it more of an educational issue, and Dallas apparently has a models that are working and I've listened to you and your representatives from Dallas that they can continue the fine practice because they're getting involved in the family and the root cause of the truancy.

SENATOR WEST: I appreciate you listening to me.

SENATOR WHITMIRE: Thank you, Senator West.

SENATOR ELTIFE: Thank you, Senator West. Secretary please call the roll.

SENATOR ELTIFE: 27 ayes, four nays, Committee Substitute 489 is passed to engrossment. Senator Whitmire is recognized for a motion to suspend the constitutional three day rule.

SENATOR WHITMIRE: I so move.

SENATOR ELTIFE: The secretary will call the roll.

SENATOR ELTIFE: 26 ayes, five nays, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to Senate Bill 489. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1489 relating to educational, juvenile justice and criminal justice's responses to truancy.

SENATOR ELTIFE: Senator Whitmire is recognized for a motion. Senator Whitmire on a motion for final passage.

SENATOR WHITMIRE: Yeah, final passage.

SENATOR ELTIFE: Senator Whitmire has now moved for final passage of Committee Substitute for SB1489. The secretary will call the roll.

SENATOR ELTIFE: 27 ayes, four nays, Committee Substitute SB1489 is finally passed. Congratulations, Senator Whitmire. Chair lays out the following resolution, secretary please read the resolution.

PATSY SPAW: SCR48 requesting the governor to return Senate Bill 785 to the Senate and instructing enrolling clerk and Senate to make corrections to the bill.

SENATOR ELTIFE: Senator Harris is recognized on the resolution.

SENATOR HARRIS: Thank you, Mr. President. I move to suspend the regular order of business to take up and consider this SCR at this time. This corrects a grammatical error in Senate Bill 785 dealing with mistake of paternity. The bill states on page 3 line seven and on page 7 lines 11 and 12 of the enrolled version the bill states aware of acts. It should be where it states aware of facts, Mr. President. I move suspension.

SENATOR ELTIFE: Members, you have heard Senator Harris' explanation. He moves adoption of SCR No. 48. The secretary will call the roll.

SENATOR ELTIFE: 31 ayes no nays, the motion is adopted. Thank you, Senator Harris.

SENATOR HARRIS: Mr. President, I move to engrossment -- I was all geared up to go further. Thank you.

SENATOR ELTIFE: It's automatically done, Senator Harris. Thank you, Senator Harris. Senator Rodriguez is recognized for a motion to suspend the regular order of business on SB1024.

SENATOR RODRIGUEZ: Thank you, Mr. President and members. I move that we suspend the regular order of business and all necessary rules to take up and consider Senate Bill 1024. Mr. President and members, Senate Bill 1024 passed out of the Senate committee on criminal justice unanimously. Theft of wages is an issue that occurs when employers fail to pay workers their promised wages. In certain industries such as construction, one in every five workers experiences wage theft. The impact of this theft is widespread and has caused many Texans to be unable meet their families' basic needs. Current language in the penal code defining the criminal intent to avoid payment is unclear and hinders law enforcement officers and prosecutors from enforcing the laws of cases of wage theft. Senate Bill 1024 revises the penal code section 131.04 to address emphasis when workers receive periodic or partial payment of wages, specifically the bill amends penal code section 31.04(4) by adding Senate Bill section D1 which maintains that a person commits theft of service if with intent to avoid payment that person fails to make full payment after receiving notice, demanding payment, if compensation was to be paid periodically. The intent to avoid payment for a service may be formed at any time during or before a pay period and the partial payment of wages alone is not sufficient evidence to negate the actor's intent to avoid payment of service. Mr. President and members, I move that we suspend the regular order of business and all necessary rules to take up and consider Senate Bill 1024.

SENATOR ELTIFE: Senator Rodriguez moves suspension of the regular order of business to take up and consider SB1024. Is there objection? The Chair hears none, rules are suspended. The Chair lays out on second reading SB1024. The secretary will read the caption.

PATSY SPAW: SB1024 relating to the prosecution of the offense of theft of service.

SENATOR ELTIFE: Senator Rodriguez is recognized for a motion.

SENATOR RODRIGUEZ: Mr. President and members, I move passage to engrossment.

SENATOR ELTIFE: Senator Rodriguez now moves passage to engrossment. Is there objection? Chair hears none, Senate Bill 1024 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 1024 on third reading and final passage.

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 SB1024. The secretary will read the caption.

PATSY SPAW: SB1024 relating to the prosecution of the offense of theft of service.

SENATOR ELTIFE: Senator Rodriguez is recognized for a motion.

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

SENATOR ELTIFE: Senator Rodriguez now moves final passage of SB1012. The secretary will call the roll.

SENATOR ELTIFE: 31 ayes zero nays, SB1024 is finally passed. Congratulations, Senator Rodriguez.

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

SENATOR OGDEN: Senator Van de Putte is recognized for a motion to suspend the regular order of business on Committee Substitute to Senate Bill 718.

SENATOR VAN DE PUTTE: Thank you, Mr. President. 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 718. Members, this bill came through the education committee and deals with the expulsion practices through the alternative programs and to the juvenile justice alternative education programs. Currently, as crafted in chapter 37 of the education code, that the students can be placed in the AAJP only if they have exhibited the criminal behavior as evidenced by a breach of the penal code. What this bill does is take out one word which is the "persistent misbehavior" as we found most of the expulsions to the DAEP were for persistent and not serious. And the persistent could be things like sleeping in class, standing up in class, reading during a math class and that was not the purpose of the chapter 37 when we first did this. And so this takes out the persistent portion and misbehavior and leaves in the serious. So our school districts can expel the students for serious misbehavior. With that, 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 718.

SENATOR OGDEN: Senator Van de Putte moves suspension of the regular order of business to take up and consider Committee Substitute to Senate Bill 718. The secretary will call the roll.

SENATOR OGDEN: There being 30 ayes and one nay, the rule is suspended. The Chair lays out on second reading Committee Substitute to Senate Bill 718. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 718 relating to disciplinary action taken against public school students on the basis of serious misbehavior.

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

SENATOR VAN DE PUTTE: Thank you, Mr. President. I move passage of Committee Substitute to Senate Bill 718 to engrossment.

SENATOR OGDEN: The secretary will call the roll.

SENATOR OGDEN: Being 30 ayes and one nay, the bill is passed to engrossment. Senator Van de Putte is recognized for a motion to suspend the constitutional three day rule.

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

SENATOR OGDEN: The secretary will call the roll.

SENATOR OGDEN: 29 ayes and two nays, the constitutional three day rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to Senate Bill 718. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 718 relating to disciplinary action taken against public school students.

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

SENATOR VAN DE PUTTE: I move final passage of Committee Substitute to Senate Bill 718.

SENATOR OGDEN: The secretary will call the roll.

SENATOR OGDEN: : There being 30 ayes and one nay, Committee Substitute to Senate Bill 718 is finally passed.

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

SENATOR OGDEN: Senator Watson is recognized for a motion to suspend the Senate's regular order of business on Committee Substitute to Senate Bill 1556.

SENATOR WATSON: Thank you, Mr. President and members. I move to suspend the Senate's regular order of business to take up and consider the Committee Substitute to Senate Bill 1556 which would ensure that homeowners and auto insurance policy holders can ask general questions about policies and coverage without being penalized in underwriting rating decisions. The bill does not provide such protection for questions about specific damage that has occurred and that resulted in an investigation or claim. I move suspension of the rules.

SENATOR OGDEN: Senator Watson moves suspension. Is there objection? Char hears none, the rule is suspended. The Chair lays out on second reading committee stot to Senate Bill 1656. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1656 relating to prohibition on certain underwriting or consumer inquiries.

SENATOR OGDEN: Senator Watson is recognized for a motion.

SENATOR WATSON: Thank you, Mr. President. I move passage of Committee Substitute to Senate Bill 1656 to engrossment.

SENATOR OGDEN: Is there objection? Hearing none; the bill is passed to engrossment. Senator Watson is recognized for a motion to suspend the constitutional three day rule.

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

SENATOR OGDEN: : There being -- The secretary will call the roll.

PATSY SPAW: Committee Substitute to Senate Bill 1656 relating to a prohibition on certain underwriting and actions based on consumer inquiries.

SENATOR OGDEN: Senator Watson is recognized for a motion.

SENATOR WATSON: I move final passage of Committee Substitute to Senate Bill 1656.

SENATOR OGDEN: The secretary will call the roll.

SENATOR OGDEN: Being 30 ayes and one nay, Committee Substitute to Senate Bill 1656 is finally passed.

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

SENATOR OGDEN: : Senator Zaffirini is recognized for a motion to suspend the regular order of business on Committee Substitute to Senate Bill 811.

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 the Committee Substitute for Senate Bill 811 relating to the regulation of the practice of veterinary medicine. The Committee Substitute for Senate Bill 811 would update the Veterinary Licensing Act so that the board may better regulate its licensees and enhance its efficiencies. Generally it would remove outdated language, authorize board approved peer assistance programs for chemical dependency or mental illness, clarify rules related to the licensing examinations and allow the board to issue temporary licenses to eligible applicants. Mr. President, I move suspension.

SENATOR OGDEN: Senator Zaffirini moves suspension of the regular order of business to take up and consider Committee Substitute to Senate Bill 811. Is there objection? Chair hears none, the rule is suspended. Chair lays out on second reading Committee Substitute to Senate Bill 811. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 811 relating to the regulation of the practice of veterinary medicine.

SENATOR OGDEN: Senator Zaffirini is recognized for a motion.

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

SENATOR OGDEN: Is there objection? Hearing none, the bill 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 heard on three several days.

SENATOR OGDEN: The secretary will call the roll.

SENATOR OGDEN: Being 30 ayes and one nay, constitutional three day rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to Senate Bill 811. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 811 relating to the regulation of the practice of veterinary medicine.

SENATOR OGDEN: Senator Zaffirini is recognized for a motion.

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

SENATOR OGDEN: The secretary will call the roll.

SENATOR OGDEN: There being 31 ayes and no nays -- 31 ayes and no nays, the bill is finally passed. Congratulations.

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

SENATOR OGDEN: Senator West is recognized for a motion to suspend the regular order of business on Committee Substitute to Senate Bill 681.

SENATOR WEST: Thank you very much, Mr. President. I move to suspend the Senate's regular order of business to take up and consider Committee Substitute to Senate Bill 681. Mr. President and members, children are assessed as they enter the child welfare system. These assessments are critical as they're relied upon by judges, case workers and providers to determine the appropriate placement and needs for services. Unfortunately the form, content and quality of the assessments vary widely resulting in increased cost to the state and less than ideal outcomes to the children. Currently clinicians may use any number of tools as part of an assessment and a provider of set free regardless of the thoroughness of and the quality of the assessment performed. Quality standards and cost efficiencies are not required considerations in selection of the tools. Additionally using different tools can make it difficult for a case worker er, foster parent or judge to interpret score information included in an evaluation report. Development of an improved menu of tools for assessment would serve as a quality and also cost controlled measure in a means of ensuring that assessment reports are meaningful resources for nonclinician audiences. Provide for more uniform usage of tools for assessing the placement, treatment, and service needs of children in the child welfare system. Senate Bill 681 creates a task force compromised of 12 members with experience and expertise in various aspects of child welfare. The findings and recommendations of the task force will be reported to the executive commissioner of HHSC and those recommendations that are generally accepted practices and can be implemented within existing resources will be incorporated in the policies of Department of Family and Protective Services. The task force will sunset in September 1, 2014. I move suspension of the regular order of business.

SENATOR OGDEN: Senator West moves suspension of the regular order of business. Is there objection? The Chair hears none, rule is suspended. The Chair lays out on second reading Committee Substitute to Senate Bill 681. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 681 relating to the establishment of a task force to study the assessment of children in the child welfare system.

SENATOR OGDEN: Senator West is recognized for a motion. Following amendment -- you're not recognized for a motion. The following amendment. Secretary will read the amendment.

PATSY SPAW: Floor Amendment No. 1 by West.

SENATOR OGDEN: Senator West is recognized on his amendment.

SENATOR WEST: This adds another member of the task force and it will be a member of the Health and Human Services Commission.

SENATOR OGDEN: You have heard the explanation. Senator West moves adoption of Floor Amendment No. 1. Is there any objection? Chair hears none, Floor Amendment No. 1 is adopted.

SENATOR WEST: Mr. President, I move --

SENATOR OGDEN: Senator West is recognized for a motion.

SENATOR WEST: Thank you very much. I move passage to engrossment of Committee Substitute to Senate Bill 681.

SENATOR OGDEN: Is there objection? Hearing none, the bill is passed to engrossment. Senator West is recognized for a motion to suspend the constitutional three day rule.

SENATOR WEST: So moved.

SENATOR OGDEN: The secretary will call the roll.

SENATOR OGDEN: 30 ayes and one nay, the constitutional three day rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to Senate Bill 681. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 681 relating to the establishment of a task force to study the assessment of the children in the child welfare system.

SENATOR WEST: Mr. President.

SENATOR OGDEN: Senator West.

SENATOR WEST: On behalf --

SENATOR OGDEN: : You're recognized again on a motion.

SENATOR WEST: On behalf of all the members of the legislature that had their bills struck from the local calendar and the 30 other senators that are voting for this particular bill, I move final passage of Committee Substitute to Senate Bill 681.

SENATOR OGDEN: Well, I know you appreciate me allowing you to amend your bill. So Senator West moves final passage of Committee Substitute to Senate Bill 681. The secretary will call the roll.

SENATOR OGDEN: There being 31 ayes and no nays, Committee Substitute to Senate Bill 681 as amended is finally passed.

SENATOR WEST: Mr. President, what was that vote again?

SENATOR OGDEN: It was 31 to nothing.

SENATOR WEST: Thank you very much, sir.

SENATOR OGDEN: Senator Van de Putte is recognized for a motion to suspend the regular order of business on Committee Substitute to Senate Bill 1872.

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 the Committee Substitute to Senate Bill 1872. Members, this bill deals with our dropout recovery charter schools, and it's about recovering dropouts and getting them to graduate. According to the study that was from the Bush School of Government and Public Service, more than 73,000 students in the cohort will drop out of school that was supposed to have graduated in May of 2012. That would be somewhere in the neighborhood of $300 million annual loss in gross state product because of the potential loss of their hourly wages. We cannot afford to ignore the thousands of students that are dropping out and the implications for our economy are worrisome. This bill allows the commissioner of education to grant replication and for and suspend revocation of successful dropout recovery charter high schools. The replication and suspension and revocation are granted only if they serve only high school students and they have at least 50 percent of students that did not graduate within their 9th grade cohort and they meet both academic and financial standards. Members, I will have a Floor Amendment to address the fiscal note. There is a fiscal note because these are students that have dropped out and we're bringing them back into the system and so we worked out with TEA and LBB to bring the cost of the bill down and love to be able to suspend so that we can have the amendment and really bring these students who have dropped out into a school system, particularly with our dropout charters that are going out and reaching to this very hard to serve population and bringing them back into school. With that members, I move to suspend the Senate's regular order of business and take up at this time the Committee Substitute to Senate Bill 1872.

SENATOR OGDEN: Senator Birdwell, for what purpose do you rise? Senator Van de Putte moves suspension of the regular order of business to take up and consider Committee Substitute to Senate Bill 1872. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute to Senate Bill 1872. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1872 relating to revising, revoking or denying renewal of charters of open enrollment charter schools under certain circumstances.

SENATOR OGDEN: Following amendment. Secretary will read the amendment.

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

SENATOR OGDEN: Senator Van de Putte is recognized on her amendment.

SENATOR VAN DE PUTTE: Thank you, Mr. President. Members, this Floor Amendment that we worked on with TEA and LBB does three things. First of all TEA requested that they clearly be able to use the available data in order to determine eligibility. No. 2 it adds that flexibility that TEA needs to meet the goals regarding the appeal process regarding current agency rules. And the third which takes care of our fiscal note. It adds a cap of only ten schools to the number of charters that can be created under the revised statute. That would mean that we would be able to add at least another ten to these dropout recovery charter schools. And with that, members, I'd be happy to answer any questions but I move adoption of Floor Amendment No. 1.

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

SENATOR VAN DE PUTTE: I move passage of Committee Substitute to Senate Bill 1872 as amended to engrossment.

SENATOR OGDEN: Is there objection? Hearing none, bill is passed to engrossment. Senator Van de Putte is recognized for a motion to suspend the constitutional three day rule.

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

SENATOR OGDEN: The secretary will call the roll.

PATSY SPAW: Committee Substitute to Senate Bill 1872 relating to revising, revoking or denying renewal of charters of open enrollment charter schools under certain circumstance.

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

SENATOR VAN DE PUTTE: I move final passage of Committee Substitute to Senate Bill 1872.

SENATOR OGDEN: The secretary will call the roll.

SENATOR OGDEN: There being 31 ayes and no nays, Committee Substitute to Senate Bill 1872 is finally passed.

SENATOR VAN DE PUTTE: Thank you.

SENATOR OGDEN: Senator Hinojosa is recognized for a motion to suspend the regular order of business on Senate Bill 1522.

SENATOR HINOJOSA: Thank you, Mr. President and members. Senate Bill 1522 deals with virtual pleas. Currently under the court current procedures a court can accept a plea of guilty or no contest from a defendant who is confined in a penal institution if the plea is made in accordance with procedures established by the court of criminal procedures which is closed circuit TV or in writing. Senate Bill 1522 will expand this section to include a plea to be accepted if it is delivered by United States mail or secure electronic or personal transmissions. Senate Bill 1522 also contains a provision that states before the court can accept a plea submitted in this manner, the court shall verify that the person that submits a plea is the person named in the indictment or person with legal authority to act for the defendant named in the indictment. If there are no questions, I ask for suspension of the regular order of business to take up and consider Senate Bill 1522.

SENATOR OGDEN: Senator Hinojosa moves suspension of the regular order of business to take up and consider Senate Bill 1522. Is there objection? Hearing none, the rule is suspended. Chair lays out on second reading Senate Bill 1522. The secretary will read the caption.

PATSY SPAW: Senate Bill 1522 relating to the entering of a plea in a criminal case by a defendant confined in a penal institution.

SENATOR OGDEN: Senator Hinojosa is recognized for a motion.

SENATOR HINOJOSA: I move Senate Bill 1522 passes to engrossment.

SENATOR OGDEN: Is there objection? Hearing none, Senate Bill 1522 is passed to engrossment. Senator Hinojosa is recognized for a motion to suspend the constitutional three day rule.

SENATOR HINOJOSA: So moved.

SENATOR OGDEN: The secretary will call the roll.

SENATOR OGDEN: 30 ayes and one nay, the constitutional three day rule is suspended. The Chair lays out on third reading and final passage Senate Bill 1522. The secretary will read the caption.

PATSY SPAW: Senate Bill 1522 relating to the entering of a plea in a criminal case by a defendant confined in a penal institution.

SENATOR OGDEN: Senator Hinojosa is recognized for a motion.

SENATOR HINOJOSA: Mr. President and members, I move final passage of Senate Bill 1522.

SENATOR OGDEN: The secretary will call the roll.

SENATOR OGDEN: Being 31 ayes and no nays, Senate Bill 1522 is finally passed.

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

SENATOR OGDEN: Senator Zaffirini is recognized for a motion to suspend the regular order of business on Committee Substitute to Senate Bill 47.

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 the Committee Substitute for Senate Bill 47 relating to the use of at needed psychoactive medications in certain residential health care facilities. Current law requires that as needed medication may be administered only with a consent of a patient. Generally the Committee Substitute for Senate Bill 47 would require the executive commissioner of the Health and Human Services Commission to adopt policies regarding the administration of at needed psychoactive medications. It would also allow for the use of psychoactive medications by injection in a psychiatric emergency under a court order or on a request basis by a facility resident. It also requires that nurses and facility employees complete required training regarding the criteria needed to administer the medication and what constitutes a patient's refusal and consent to treatment as well as alternate methods of intervention for calming distressed patients. Mr. President, I move suspension.

SENATOR OGDEN: Senator Zaffirini moves suspension of the regular order of business to take up and consider Committee Substitute to Senate Bill 47. The secretary will call the roll.

SENATOR OGDEN: There being 29 ayes and two nays, the rule is suspended. The Chair lays out on second reading Committee Substitute to Senate Bill 47. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 47 relating to the pro re nata administration of psychoactive medications in certain residential health care facilities.

SENATOR OGDEN: Senator Zaffirini is recognized for a motion.

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

SENATOR OGDEN: The secretary will call the roll.

SENATOR OGDEN: There being 29 ayes and two nays, Committee Substitute to Senate Bill 47 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 OGDEN: The secretary will call the roll.

SENATOR OGDEN: Constitutional rule is suspended. Chair lays out on third reading and final passage Committee Substitute to Senate Bill 47. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 47 relating to pro re nata administration of psychoactive medications in certain residential health care facilities.

SENATOR OGDEN: Senator Zaffirini is recognized for a motion.

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

SENATOR OGDEN: The secretary will call the roll.

SENATOR OGDEN: 29 ayes and two nays, the bill is finally passed. Congratulations, Senator.

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

SENATOR ELTIFE: Senator Whitmire is recognized for a motion to suspend the regular order of business on Committee Substitute SB1116.

SENATOR WHITMIRE: Mr. President, I would move to suspend the Senate's regular order of business to take up and consider Committee Substitute for Senate Bill 1116. Senate Bill 1116 deals with the practice of writing class C tickets misdemeanor tickets issued to students for a number of noncriminal offenses that occur on school campuses. It's become a common occurrence throughout the state for large numbers of class C misdemeanors to be written for most commonly called disruption of a classroom. Could be chewing gum, could be too much perfume, it could be a lot of activities that quite frankly do not need to be criminalized. This introduces the young person to the criminal justice system, labels them and often then leads to more involvement in the criminal justice system. What Senate Bill -- Committee Substitute for Senate Bill 1116 says, first of all, you can't write a ticket for anyone younger than 12. Very common practice, testimony is shown 10, 11 years old written tickets for being out of their seat, chewing gum, earphones, etc. So this says you have to be at least 12 before you write a ticket and then it very clearly says that there must be transparency in the writing of the tickets, there must be a complainant involved in this practice, it mandates also that the resource officers on school campus must report directly to the superintendent and not some designee such as a teacher or a principal and quite frankly tries to discourage the criminalization of what often is a student bad conduct, bad behavior. I have an amendment that I'd like to offer up at this time, Mr. President.

SENATOR ELTIFE: Senator Whitmire, are you wishing to explain the amendment before we suspend?

SENATOR WHITMIRE: Yes. This clarifies that the victim's statement, that information must succumb the ticket, must be sent to the court separate citation to ensure that it does not become a part of the public record. Mr. President, I would move at this time the adoption of -- the suspension.

SENATOR ELTIFE: Suspension, Dean Whitmire.

SENATOR WHITMIRE: Suspension.

SENATOR ELTIFE: Senator Whitmire now moves suspension of the regular order of business to take up Committee Substitute to SB1116. Is there objection? The Chair hears none, the rules are suspended. The Chair lays out on second reading Committee Substitute to Senate Bill 1116. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1116 relating to the enforcement and punishment of certain prohibited conduct that occurs on a public school campus.

SENATOR ELTIFE: Floor Amendment no. 1 by Whitmire. Secretary read the amendment.

PATSY SPAW: Floor Amendment No. 1 by Whitmire.

SENATOR ELTIFE: Senator Whitmire to explain the amendment.

SENATOR WHITMIRE: Yes, this is the amendment I explained a moment ago that says the victim's statement must be sent to the court separate so it does not become part of public record.

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

SENATOR WHITMIRE: I would move passage of Senate Bill 116 to engrossment.

SENATOR ELTIFE: Senator Whitmire now moves passage to engrossment. Is there objection? Chair hears none, Committee Substitute to Senate Bill 1116 is now passed to engrossment. Senator Whitmire is now recognized for a motion to suspend the constitutional three day rule.

SENATOR WHITMIRE: I so move, Mr. President.

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 Committee Substitute to Senate Bill 1116. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1116 relating to the enforcement and punishment of certain prohibited conduct.

SENATOR ELTIFE: Senator Whitmire is recognized for a motion.

SENATOR WHITMIRE: Mr. President, I move final passage of Committee Substitute to Senate Bill 1116.

SENATOR ELTIFE: Senator Whitmire now moves final passage of Committee Substitute SB1116. The secretary will call the roll.

SENATOR ELTIFE: 30 ayes, one nay, Committee Substitute SB1116 is finally passed. Congratulations, Senator Whitmire. Senator Nelson is recognized for a motion to suspend the regular order of business on Committee Substitute SB1177.

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 1177. The goal of Senate Bill 1177 is to protect health care facilities employees and patients from contracting vaccine preventable diseases. It requires that health care facilities have a policy in place specifying which of the CDC recommended vaccines health care facility employees should receive based on the level of risk they present to patients. It requires that the policy include exemptions for medical reasons and it allows the health care facility to prevent employees who have been exempt from vaccination requirements from having direct patient contact during public health disasters. We've worked extensively with health care facilities, physicians and other health care professionals to ensure that this bill would allow the facility, not the state, to design a policy that is appropriate for their patients and staff. A person's right to refuse a vaccine is important but must be balanced with the rights of patients who may unknowingly be exposed to vaccine preventable diseases. I move suspension, Mr. President.

SENATOR ELTIFE: Senator Nelson moves suspension of the regular order of business to take up and consider Committee Substitute SB1177. Is there objection? Chair hears none, rule is suspended. The Chair lays out on second reading Committee Substitute SB1177. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1177 relating to the adoption by health care facilities on a policy for vaccine preventable diseases.

SENATOR ELTIFE: Senator Nelson is recognized for a motion.

SENATOR NELSON: Move passage to engrossment.

SENATOR ELTIFE: Senator Nelson now moves passage to engrossment. Is there objection? Chair hears none, Committee Substitute to SB1177 is passed to engrossment. Senator Nelson is now recognized for a motion to suspend the constitutional three day rule.

SENATOR NELSON: I move to suspend the constitutional three day rule that bills be read on three separate 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 to Senate Bill 1177. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1177 relating to the adoption by health care facilities of policies on vaccine preventable diseases.

SENATOR ELTIFE: Senator Nelson is recognized for a motion.

SENATOR NELSON: I move final passage of Committee Substitute to Senate Bill 1177.

SENATOR ELTIFE: Senator Nelson now moves final passage of Committee Substitute SB1177. The secretary will call the roll.

SENATOR ELTIFE: 31 ayes and zero nays, Committee Substitute to SB1177 is finally passed. Congratulations, Senator Nelson.

SENATOR NELSON: Thank you, Mr. President.

SENATOR ELTIFE: Senator Shapiro is recognized for a motion to suspend the regular order of business on Committee Substitute SB1383.

SENATOR SHAPIRO: Thank you very much, Mr. President. I move to suspend the Senate's regular order of business to take up and consider Committee Substitute to Senate Bill 1383. This relates to the appraisal and professional development of public school principals. Principals are the school leaders that ensures that each campus has a positive learning environment and that teachers continuously improve classroom performance. Unfortunately principals are often forgotten in the cycle of continuous improvement and we must begin providing better feedback and support to principals. Effective leadership is the main reason teachers are attracted to and remain in schools. Research continues to find supportive school leadership as one of the most, if not the most important, factor in school success. Targeted investments and principals can significantly improve student achievement. TEA will report back to the state on the 83rd legislative session with concrete policy recommendations based on a principal quality study. That's what this is, and I think, members, we're going to find that this is going to be a tremendous change for us in the way we appraise and deal with principals as they lead our schools.

SENATOR ELTIFE: Senator Shapiro moves suspension of the regular order of business to take up and consider Committee Substitute to SB1383. Is there objection? The Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute to SB1383. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1383 relating to the review and appraisal development system for public school principals.

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

PATSY SPAW: Floor Amendment No. 1 by Shapiro.

SENATOR ELTIFE: Senator Shapiro to explain the amendment.

SENATOR SHAPIRO: Thank you, Mr. President. There was a small fiscal note, but it was still a fiscal note and so this amendment actually tightens the current language regarding the funding. The commissioner may only use private funds for carrying out this legislation. Several groups that are interested in this legislation, it is a national issue today and we believe that we can secure private funds to carry this out. Move adoption of amendment No. 1.

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

SENATOR SHAPIRO: Thank you, Mr. President and members. I move passage to engrossment of Committee Substitute to Senate Bill 1383 as amended.

SENATOR ELTIFE: Senator Shapiro now moves passage to engrossment. Is there objection? Chair hears none, Committee Substitute SB1383 as amended is passed to engrossment. Senator Shapiro is now recognized for a motion to suspend the constitutional three day rule.

SENATOR SHAPIRO: So moved.

SENATOR ELTIFE: The secretary will call the roll.

SENATOR ELTIFE: 30 ayes, one nay, the rule is suspended. Chair lays out on third reading and final passage Committee Substitute to Senate Bill 1383 as amended. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1383 relating to an appraisal of professional development system.

SENATOR ELTIFE: Senator Shapiro is recognized for a motion.

SENATOR SHAPIRO: Thank you, Mr. President and members. I move final passage of Committee Substitute to Senate Bill 1383 as amended.

SENATOR ELTIFE: Senator Shapiro moves final passage of Committee Substitute SB1383 as amended. The secretary will call the roll.

SENATOR ELTIFE: 31 ayes, zero nays, Committee Substitute SB1383 as amended is finally passed. Congratulations, Senator Shapiro.

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

SENATOR ELTIFE: Senator Rodriguez is recognized for a motion to suspend the regular order of business on Committee Substitute SB1551.

SENATOR RODRIGUEZ: Mr. President and members, Senate Bill 1551 addresses the issue of missing children and provides a clearer definition of what a missing child is. This bill passed out of the Senate committee on jurisprudence unanimously. The issue is that law enforcement officers have acknowledged an ambiguity or loophole in interpreting the current missing child statute. This is particularly problematic in parental abductions where no custody orders are in place. The Committee Substitute for Senate Bill 1551 clarifies the definition for missing child to include those instances when a child may be with a parent but whose whereabouts are unknown and cannot be ascertained after reasonable inquiries and investigation by law enforcement. For example, when a parent unilaterally removes a child and hides him or her from the other parent. This clarification of the definition will enable law enforcement to enter the child national crime information computer so that the child's whereabouts and welfare can be ascertained and allow both parents to resolve the custody dispute in court. The bill also removes the state requirement to remove a child from the United States or retain a child outside the United States with the intent to obstruct a parent's custodial rights or attempts to do so. This language is patterned ned after the federal International Parental Kidnapping Act. The main difference between the bill as filed and the Committee Substitute is that it adds language to address concerns regarding situations involving domestic violence. Mr. President and members, I move that we suspend the regular order of business and all necessary rules to take up and consider Committee Substitute for Senate Bill 1551.

SENATOR ELTIFE: Senator Rodriguez moves suspension of the regular order of business to take up and consider Committee Substitute SB1551. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute SB551. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1551 relating to missing children.

SENATOR ELTIFE: Senator Rodriguez for a motion.

SENATOR RODRIGUEZ: Mr. President and members, I move passage to engrossment.

SENATOR ELTIFE: Senator Rodriguez now moves passage to engrossment. Is there objection? Chair hears none, Committee Substitute SB1551 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 for Senate Bill 1551 on third reading and final passage.

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 SB1551. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1551 relating to missing children.

SENATOR ELTIFE: Senator Rodriguez recognized for a motion.

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

SENATOR ELTIFE: Senator Rodriguez moves final passage of Committee Substitute SB1551. The secretary will call the roll.

SENATOR ELTIFE: 31 ayes, zero nays, Committee Substitute SB1551 is finally passed. Congratulations, Senator Rodriguez.

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

SENATOR ELTIFE: Senator Nelson is recognized for a motion to suspend the regular order of business on Committee Substitute SB1421.

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 1421. Senate Bill 1421 is meant to maximize the state's return investment on cancer research and prevention. As well as to protect proprietary information included in cancer research applications and contracts. It allows the state to collect interest from securities and equity ownerships that are realized as a result of grant projects funded by the Cancer Prevention and Research Institute of Texas and protects the proprietary information contained in cancer institute grant applications and contracts by excluding it from open records requirement. Members, this bill would maximize taxpayer investment in cancer research. And I move suspension, Mr. President.

SENATOR ELTIFE: Senator Nelson moves suspension of the regular order of business to take up and consider Committee Substitute SB1421. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute SB1421. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 1421 relating to the awarding of grants provided by the Cancer Prevention and Research Institute of Texas.

SENATOR ELTIFE: Senator Nelson is recognized for a motion.

SENATOR NELSON: I move passage of the Committee Substitute of Senate Bill 1421 to engrossment.

SENATOR ELTIFE: Senator Nelson moves passage to engrossment. Is there objection? Chair hears none, Committee Substitute SB1421 is passed to engrossment. Senator Nelson is recognized for a motion to suspend the constitutional three day rule.

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

SENATOR ELTIFE: The secretary will call the roll.

SENATOR ELTIFE: 30 ayes, one nay, the rules are suspended. The Chair lays out on third reading and final passage Committee Substitute SB1421. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB1421 relating to the rewarding of grants provided by the Cancer Prevention and Research Institute.

SENATOR ELTIFE: Senator Nelson is recognized for a motion.

SENATOR NELSON: Mr. President, I move final passage of Committee Substitute Senate Bill 1421.

SENATOR ELTIFE: Senator Nelson now moves final passage of Committee Substitute to Senate Bill 1421. The secretary will call the roll.

SENATOR ELTIFE: 31 ayes, zero nays Committee Substitute to SB1421 is finally passed. Congratulations, Senator Nelson.

SENATOR NELSON: Thank you, Mr. President.

SENATOR ELTIFE: The Chair recognizes Senator Williams on a motion to suspend the regular order of business on SCR36.

SENATOR WILLIAMS: Thank you, Mr. President and members. SCR36 resolves that the Texas congressional delegation provided our legislature with a cost analysis of the exact funding necessary for the full enforcement of immigration laws in Texas and the status of that funding and it also resolves that the lieutenant governor and speaker send a delegation of both chambers to Washington to meet with members of Congress and the executive branch to discuss border security issues. And finally it resolves that the secretary of state forward a copy of this resolution to the United States president, the president of the United States Senate and the speaker of the United States House of Representatives. Mr. President, I move to suspend the Senate's regular order of business in order that we can take up and consider SCR36.

SENATOR ELTIFE: Senator Williams moves to suspend the Senate's regular order of business to take up and consider SCR36. Is there objection? Hearing none, rule is suspended. Chair lays out the following concurrent resolution. Secretary read the resolution.

PATSY SPAW: Senate Concurrent Resolution urging the members of the Texas congressional delegation provide the legislature a cost analysis of the exact funding necessary for full enforcement of all immigration laws in Texas.

SENATOR ELTIFE: The Chair recognizes Senator Williams to explain the resolution.

SENATOR WILLIAMS: Thank you, Mr. President and members. The resolution, as I said, resolves three points. It also points out some specific examples of border violence affecting Texas citizens and law enforcement. And I move adoption of SCR36.

SENATOR ELTIFE: Senator Rodriguez, for what purpose?

SENATOR RODRIGUEZ: To ask the author a question.

SENATOR ELTIFE: Does Senator Williams yield?

SENATOR WILLIAMS: I yield.

SENATOR RODRIGUEZ: Senator Williams, I've looked at your resolution and I studied it and I frankly have been concerned about the language of the resolution and I understand what you're trying to do. We know that the violence in Juarez is horrific, unrelenting and has been continuous for quite some time. But as you're aware, communities like El Paso and other border communities have also been very concerned about the impression that people get in other parts of the state and the country that border communities on the U.S. side are experiencing the same kind of violence or near same levels of violence as is occurring in Juarez when we know in fact that is not the truth. So what I wanted to ask you is you outlined, I counted here at least nine separate incidents of violence. One incident occurred in Houston and the other incidents either all occurred in Mexico, in Juarez or down in (inaudible) across from the Rio Grande valley so they occurred in Mexico. Or in the instances where stray bullets went across the border over to the University of Texas at Brownsville and over to the University of Texas in El Paso. But the point is that most of these incidents occurred on the Mexican side and the resolution is saying that these are exemplifying the inadequacy of border security efforts. And my question is how do you think with a resolution like this we're able to somehow halt stray bullets from coming over or halt the cartel from murdering our agents in Mexico as happened to the agent recently from Brownsville? It seems to me while your resolution is well intended, it really does not help address the violences that is occurring in Mexico. Not in the United States. Don't you think?

SENATOR WILLIAMS: Well, I think, Senator Rodriguez, that you make a good point that much of the violence that has been, that we see is in Mexico. I think all of the examples that we cite here involve United States citizens. I think that -- I understand your concern and the concern of your constituents in El Paso. As you know, I've visited El Paso twice right at the beginning of the session once with you and Senator Ogden and once prior to that time and so I'm very sensitive to that. Yet I think when you see what's happening to United States citizens who are traveling into Mexico and also instances like the event that happened in Houston with Officer Rodney Johnson, it upon points to the inadequacy of the security on our border and I don't think that anyone -- surely you wouldn't take issue with that. We've had testimony in the homeland -- transportation and homeland security committee that we've had hundreds of people who are special interest aliens that have been caught coming into the United States. These are people from countries that are known to harbor terrorists. That is a very serious problem for us and I think the purpose of this resolution and what we're trying to do is give Congress a wake up call just to -- came to visit me, they have a renewed interest, as you know, in seeing all of us here recently. About every ten years we get to see him and he came by and told me that we didn't have any issues along the Texas/Mexico border with border security. Well, I don't think that's accurate. I think that we have a very serious problem and we've had extensive testimony, some of which you've been present for in our committee. And what we're trying to do with this is wake up Congress and to fully fund -- find out what they think it will fully cost to fund and enforce our existing laws along the state of Texas/Mexico border and ask them to fund that.

SENATOR RODRIGUEZ: Well, I do understand what you're trying to accomplish and I agree that the federal government needs to do everything it can to protect citizens here in the United States and certainly along the Texas/Mexico border. It's just that the -- I can't think of any other issue that has received the kind of intense scrutiny that has been visited on this issue at the national and at the state and local level. So in terms of making the Congress aware, seems to me, you know, after all these years of debate over comprehensive immigration reform, about the border wall, about needing more funding for border security and so forth that they are aware. It's seems to me that it's more of an issue of federal policy and the kind of resources that are available to the federal government where it's made some progress but I know for some people maybe it's not fast enough. My main concern, I want to reiterate again and you have heard this from my constituents when we had a meeting down there and it's been reported by the media widely that El Paso is still considered to be the safest city in the country for its size. And then another fact that a lot of people are not aware of is there was a scientific survey done last fall concerning the border residents' fears of border violence and whether or not they felt safe and this is a survey that was conducted for border residents from Brownsville all the way up to -- in fact all the way up to San Diego. And the results came back with an overwhelming majority, I want to recall that maybe it was 68 or 69 percent of border residents all along the border that said they felt safe in their communities. So I'm just concerned that this type of resolution will give the citizens an impression that this kind of violence that you describe here is rampant on our side of the border when, in fact, it's not, that it's occurring on the other and then secondly that the citizens and certainly the ones in El Paso being the safest city in the country do feel secure, don't feel that there's a need to magnify the violence on our side and it's for that reason that I have the concerns with it and I wanted to express those to you.

SENATOR WILLIAMS: Thank you.

SENATOR RODRIGUEZ: But I appreciate what you're trying to do. Thank you. Thank you, Mr. President.

SENATOR ELTIFE: Thank you, Senator Rodriguez. Senator Lucio, for what purpose?

SENATOR LUCIO: Will the gentlemen yield?

SENATOR ELTIFE: Senator Williams yield?

SENATOR WILLIAMS: I yield.

SENATOR LUCIO: Senator, I'm a coauthor of your resolution and I certainly feel that you're on the right track with your bill. I just wanted to first of all thank you for supporting the bill that I had in committee and I want to make it very clear -- and I just had a conversation with Senator Fraser because he voted against my bill in committee, you voted for it. The bill that I was proposing was asking the Congress to obviously look at the impacts that have taken place because of the border wall that has been built there. Not necessarily that I am against the wall because now because of all the criminal activity and all I guess it serves them a good purpose to stop them at that point while authorities come in and obviously capture criminal activity coming across the Rio Grande River. My concern, and I wanted to make it very clear, was the people -- were the people who lived between the border wall and the river which we call a buffer zone or that -- are American citizens, they have homesteads, they have businesses, they have agriculture and ranching interest and I'm concerned about their safety and the impact the wall has had on them economically. But your bill is right on, I'm a coauthor of your bill. I certainly feel that we need the federal government to let us all know in this whole country, not only us in Texas, what it would take to enforce our immigration laws and to look at the security measures that have to be looked at based on the building of that wall.

SENATOR WILLIAMS: Well, thank you, Senator Lucio, and thank you for bringing that issue forward. We did vote on that in committee the other day and until -- I continue to learn a lot about the issues along the border. And as you're aware, I've made five trips in the last few months to try to better understand the impact that this is having on the local communities and I really was not aware that we actually had people who were American citizens who are in a sense trapped on the south side of the wall, that it's been built north of the border and I think it has had a tremendous impact. I continue to be frustrated with the federal government's start and stop operations. When I went to view the wall in McAllen, I was surprised to see that, as you know, there are many roads there that people who farm on both sides of the river and we have unguarded open gaps in the wall where someone could just get in their pickup truck and drive right through. I'm not sure what we've accomplished by putting that kind of wall up near El Paso to see that literally you could step over the wall, not climb over it but just literally step over it. It's nothing more than a footing really for a wall in some areas and then to learn that the virtual wall after some $500 million had been expended on that project, that the administration just pulled the funding on that with no plans to move any further. So there's been a lot of fits and starts on this issue, it's had a big impact on the community. As you know, I'm very sensitive to the impact and I know that the people of Mexico are our friends and our trading partners. We have a mutual enemy and that are these international gangs and drug cartels that are bringing violence down on our citizens and most assuredly on the people of Mexico.

SENATOR LUCIO: That's correct. And I may mention that to a group that came to visit with me in the back hall that you indeed had taken the initiative of coming down to the valley, to the border area of the state to see firsthand and to study the issue that we were going to be taking up this session during the interim. We certainly appreciate you taking that kind of initiative. I would hope that more of our colleagues would want to do that because it makes them better understand the impact that this wall or the immigration issue as well as the border violence has taken, what kind of toll that's taken on both sides of the border and, of course, our concern primarily is the American side obviously. But we could not neglect and we should be working with our neighbor. That's something that I've always advocated, and I would hope that we continue in that direction. I think that, you know, sooner or later we'll reach our goals in making sure that we have every I dotted and every T crossed. It's incumbent on us to continue to address the issue in its full meaning. So when that bill and other bills come on the floor, I think it's important for us to get a full explanation on the legislative intent and not just be a yes or a no on the issue for whatever emotional reasons you might have but on factual information that would lead us to make the right decisions on this floor. So I thank you for your leadership.

SENATOR WILLIAMS: Thank you. And I appreciate your support, Senator Lucio.

SENATOR ELTIFE: Senator Hinojosa, for what purpose?

SENATOR HINOJOSA: To ask a question of Senator Williams.

SENATOR ELTIFE: Senator Williams, do you yield?

SENATOR WILLIAMS: I yield.

SENATOR HINOJOSA: You know, Senator Williams, I've said this many times before that our country faces a great threat to security than we face up in Afghanistan and that bothers me a lot because our federal government is not paying enough attention to what's going on south of the border. And one of my main points I'd like to make is that a lot of people do not really realize how much money the state of Texas spends, taxpayer money dealing with issues funded by the federal government not only from housing prisoners, foreign prisoners who are not United States citizens but also in terms of showing up our law enforcement people along our border, providing them with extra equipment, communication devices and support personnel. And it's very important for us to send a message at least for Congress to see that we're doing more of our share as compared to what they're doing and not just along the border. As you well know, a lot of those cartels bring drugs into our state and into our country. So they're not just located along the border, you find them in Houston, San Antonio, Dallas, Fort Worth metropolitan areas and when we catch them and arrest them, prosecute them and house them in our prisons. All that expense is borne by our state and we get very little support by the federal government. And I support your resolution because I think it's important for us to speak out and not look the other way while the federal government doesn't live up to all of its responsibilities along the border.

SENATOR WILLIAMS: Well, thank you, Senator Hinojosa. You bring forward some great points and it's been a real pleasure for me to work with you on these issues during the last couple of sessions as we worked on the budget riders and dealt with this issue and I appreciate all the time that you spent with me helping me to understand the impact that it's having on your community. I would say that it's interesting when I was in the McAllen area, you were there when we visited a live operation going on and we find out that when you have border patrol agents that are on the ground in pursuit of people who are smuggling drugs into our country or they're engaging in human trafficking, they often don't call for air support from the federal counterparts who have I think six or eight helicopters here in the Texas area. They call the Department of Public Safety because they know that those men and women there want to do the job and that they're well equipped to do so. And I think it's a perfect example of what you said. We're spending our state resources in law enforcement dollars, and we want to keep our citizens safe. That's the right thing to do. But this is really a responsibility of the federal government and we can't completely solve the problem without their help.

SENATOR HINOJOSA: And every session we appropriate over a hundred million dollars, over a hundred million dollars of extra money, extra funding for border security to make sure our law enforcement people have proper support.

SENATOR WILLIAMS: Right. It impacts all our communities, as you said. I want to acknowledge that too. I live in the Houston region, north of Houston. Houston probably is the hub of all these transnational gangs inside the United States where dollars are going back to Mexico and illegal drugs are being transported to other areas of the state. It's a big transportation hub where a lot of things are being shifted into different directions and so it has a big impact on every area of the state whether you live in Amarillo or McAllen or Marshall or El Paso. There's not a single area of the state that hasn't been affected.

SENATOR HINOJOSA: Good point. Thank you.

SENATOR WILLIAMS: Thank you.

SENATOR ELTIFE: Thank you, Senator Hinojosa. Senator Williams has moved adoption of SCR36. The secretary will call the roll.

SENATOR ELTIFE: 30 ayes one nay, the resolution is adopted.

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

SENATOR ELTIFE: The following motion in writing. Secretary read the motion.

PATSY SPAW: Mr. President, I ask unanimous consent for House Bill 994 relating to proceedings that may be referred to and the powers of a criminal law magistrate in Bexar County to be withdrawn from the committee on criminal justice and rereferred to the committee on jurisprudence. Senator Zaffirini author.

SENATOR ELTIFE: Members, you heard the motion, is there objection? The Chair hears none, motion is adopted. Following motion in writing. Secretary read the motion.

PATSY SPAW: Permission to introduce bills. Mr. President, I move suspension of Senate rule 7.07B to permit the introduction of the following bills: Senate Bill 1917 by Zaffirini relating to the tax exemption for permanent hotel residents in certain small or municipalities. Senate Bill 1918 by Zaffirini relating to the authority of emergency services districts in low populous counties to contract with banks for deposits. Motion by Whitmire.

SENATOR ELTIFE: Members, you've heard the motion. Is there objection? Chair hears none, motion is adopted. The Chair lays out the following resolution. Secretary, please read the resolution.

PATSY SPAW: Senate Resolution 824: WHEREAS, Under the outstanding leadership of eight-year head coach Gary Blair, the Texas A&M University women's basketball team made history by winning its first National Collegiate Athletic Association national championship; and WHEREAS, The Texas A&M University women's basketball team finished its season with an impressive 33-5 record--the most wins in program history--and achieved a 13-3 record in the Big 12; their achievements included going to the National Collegiate Athletic Association tournament and defeating number one seed Baylor in the Elite Eight in Dallas and number one seed Stanford in the Final Four in Indianapolis on their way to defeating Notre Dame in the national championship finals by a score of 76-70; and WHEREAS, Several of the players have achieved extraordinary honors for their efforts, including senior Danielle Adams, named as Texas A&M University's first Associated Press First Team All-American, and senior Sydney Colson, named as an Associated Press All-American Honorable Mention; Danielle Adams was also selected to the 2011 NCAA Division I State Farm Coaches' All-America Basketball Team, and junior Tyra White achieved a State Farm Coaches' All-America Team Honorable Mention; and WHEREAS, The members of the Texas A&M University coaching staff, including head coach Gary Blair, associate head coach Vic Schaefer, associate head coach Kelly Bond, and assistant coach Johnnie Harris, have represented themselves and Texas A&M University admirably and with great distinction and have motivated and inspired the women's basketball team to conduct themselves with excellence, honor, and integrity--both on and off the court; and WHEREAS, The Aggie women's basketball team, in winning its first National Collegiate Athletic Association national championship and bringing the much-coveted championship trophy to Texas A&M University has inspired enormous admiration and respect for women's athletics at the university; and WHEREAS, The Texas A&M women's basketball team has brought tremendous positive national attention to Texas A&M University and to the great State of Texas; and WHEREAS, Coach Gary Blair, winner of numerous coaching honors and one of the most highly respected and winningest active Division I coaches in the women's game today, completely turned around the Aggie women's basketball program since his appointment as head coach in 2003, taking the team to a record six straight National Collegiate Athletic Association tournaments and capturing the 2011 national championship; and WHEREAS, The hard work and dedication to excellence of the women's basketball team and its coaches have led to a history-making year that will be remembered and celebrated by Aggies and others forever; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 82nd Legislature, hereby honor Coach Gary Blair and the Texas A&M University women's basketball team on their outstanding achievements and extend to them best wishes for the future; and be it further RESOLVED, That a copy of this Resolution be prepared.

SENATOR ELTIFE: Chair recognizes Senator Ogden on the resolution.

SENATOR OGDEN: Mr. President and members, this is a distinct honor for me having the privilege of representing the campus at Texas A&M University to have the national champion Texas Aggies on the floor and I want to thank you y'all for coming over here and allowing us to honor you because you've honored us more than we can count. You represented A&M, you represented our state and in an extraordinary way and you brought a tremendous amount of honor and prestige to this state and I thank you for coming so we could say thank you to you. You know, y'all probably know my father better than you know me but probably one of your biggest fans is Anvil Ogden and I know he wishes he could be here too. I was not at the tournament but I was watching y'all on TV. And Coach, I haven't seen nearly as much basketball as you have but the play that Sidney Colson and Tyra Wright made against Stanford with nine seconds on the clock was the best basketball play under pressure that I have ever seen and y'all did that all through the tournament. It was extraordinary. I also want to recognize Coach Blair because, you know, our town hasn't been the same since he got there and since Bill brought hum there. I remember when he was out campaigning the neighborhoods, I thought he was out running for my job but he was out knocking on doors in 2003 and he was knocking on doors telling people come out and watch Aggie women's basketball because we're going to be different and you were right. You did not lie to us. And the contributions that you have made not only to Aggie basketball but also to our community and the charities that you've supported have made our community better and this state is proud to honor your accomplishment and thank you for the gift that you've given all of us. If the members don't mind, I have a list of players that are here, I hope it's complete but let me at least announce the women that are on this list and if you would just raise your hand we'd appreciate it. Danielle Adams, most valuable player, thank you. Kelsey Assarian, Maryann Baker, Kristi Bellock, Kelsey Bone, Sydney Carter, Skylar Collins, Sydney Colson, Adaora Elonu, Karla Gilbert, Kristen Grant, Adrienne Pratcher, Catherine Snow, Tyra White, Cierra Windham. Did I miss anybody? Also on the floor I mentioned Coach Blair, Vic Schaffer. Vic, what was that -- when you were on the floor with your head down with about less than a minute to go, can you tell us what that prayer was you were praying? Well, thank you for your leadership and your contribution. Kelly Bonn, thank you and Johnnie Harris. And I'd also look to recognize our athletic director at Texas A&M Bill Burn for being here and Erick Birch who's head of women's basketball operations. Thank you. And I know other members want to comment but when they're through I move adoption of Senate Resolution 824.

SENATOR ELTIFE: Thank you, Senator Ogden. Senator Wentworth is recognized on the resolution.

SENATOR WENTWORTH: Thank you, Mr. President. Mr. President, as a graduate of Texas A&M and a coauthor of this resolution I just wanted to add my congratulations to you as well. I wasn't in person that night at the game either but I was watching it on TV and I got to say one of the highest compliments ever made by an opposing coach was the one about a knife to my heart. It was a great game and I congratulate you all.

SENATOR ELTIFE: Thank you, Senator Wentworth. Senator Davis on the resolution.

SENATOR DAVIS: Well, I rise to join my colleagues in congratulating you. I am a TCU Horn Frog and earlier this session we had the Horn Frog football team on the floor celebrating their Rose Bowl win and that was tremendously exciting and I represent them in my Senate district. But I have to tell you that having you all here today truly for me is a highlight of our session because you are such an inspiration. I want you to know that particularly from the perspective of a woman here on the floor to have you all as the role models for our young women in the state of Texas is just absolutely incredible. I'm not an Aggie, as I said, but I date one. And as a consequence I watch all of your games and with incredible excitement. Of course, most particularly the very final one. What was so inspirational for me in particularly not just to see you young women succeed and be so strong and to hold yourselves together as you did under such crisis situations, a quality we all admire, but it was particularly moving when Danielle Adams' mother, grandmother, and great grandmother were shown on the date of that final game looking at the generation of all of those strong women. And I know each of you probably have a story of generation of strong women in your families but to have them there in that moment and to see Danielle become the most valuable player of that game and with her team within the national championship was just one of the rarest moments I think exist in sports history. And Coach, I join Senator Ogden and his comments about you. What an incredible leader you are and how fortunate these young women are to have you as their role model. Congratulations and I wish you all the best of luck.

SENATOR ELTIFE: Thank you, Senator Davis. Senator West on the resolution.

SENATOR WEST: I too would like to add my name to this resolution. Let's see, the coach from Texas A&M started in Senate District 23 at South Oakcliffe High School. Right, Coach Blair? See, members, what y'all don't realize is Coach Blair when he was a coach at South Oakcliffe probably won 80 to 90 percent of his games; is that right? Yeah, you had to. That's exactly right. And then see, what you don't also understand is a couple of these players, Senator Deuell's or my district and I believe they played at De Soto and Cedar Hill or lived in De Soto and Cedar Hill. Okay. I'm trying to figure out, Senator Deuell, did they play against one another in high school and I wonder who won those high school games because I'm going to tell you now if you don't understand or appreciate this, there are in southwest Dallas County we have some great scholars and athletes and I know we got a lot of great scholars at A&M down from southwest Dallas County -- we'll talk about that later though. But the reality is that when De Soto and Cedar Hill and Duncanville, when they play, the stadiums are packed. Right, ladies? Sidney, right? Right? Okay and. So I'm just trying to -- let me just ask you this question and maybe Skylar can tell me, Senator Deuell, who won those games between De Soto and Cedar Hill way back when? One time, okay. But the reality is that we've been able to pull together this assembly of talent and bring another championship home to the great state of Texas and I'm proud to be a Senator with Senator Deuell for several of the players on the team and I just want to say great job ladies and we know that there are many more championships coming to Texas A&M.

SENATOR ELTIFE: Thank you, Senator West. Senator Van de Putte on the resolution.

SENATOR VAN DE PUTTE: Thank you, Mr. President. Thank you, Senator Ogden. I rise along with you and admittedly a true Big 12 basketball freak. I have been able to in nonsession years follow these ladies along with the Lady Bears, Lady Long Horns, Lady Raiders, everybody to the Big 12 tournament and I just want to offer this team my congratulations. I knew that this team was special and I knew it not just in this Big tournament but watching you in Kansas City two years ago and having the joy of being there with you and you cut down the net. It was a spectacular game and tournament and this year we followed Big 12 lady basketball and watched the tremendous competition from many of the universities whose senators are here but it was because you are special. It was not just the talent but it is the way that you have worked together. Commenting on your game against Stanford, I said boy -- with a group of folks here we were watching on TV, I said, oh, those Lady Aggies, what a monster and I was corrected. Said, no, they're not monster, monster I meant in a good way, big monster team. They said monsters are unpredictable, they're a machine. They are just moving constantly and you can't detour them. That you were like a machine, you were working together one goal in mind and that was to secure a victory. But I rise today in great joy because for most of the women on this floor who are grandmothers, this was before a Title 9 and when we were in high school we might be able to get into an individual sport and the only sport that women could play was volleyball. This was a time when you had to wear skirts and dresses and you had to have socks and hose. Okay, Senator Shapiro, I hear you. But you see what you have done for the generation of women, and if you remember that it is always been those seminal moments in sports that have defined women and their opportunities. If you remember when Bill Gene King won that tennis match, it set off a whole applause across the nation in the world because it show that had women could compete. Ladies, you may be the first generation of women who are not defined by your daddy and you're not going to be defined by your husbands. You are unique in that your capabilities of what you have in your character, in your spirit and your athletic abilities. And for that, you are the role models not just for the little girls but for all of our school children in the state and in this country. On a personal note, we are so glad to have Ms. Danielle Adams coming to San Antonio and I look forward to watching her with glee play for the San Antonio team, the WNBA team, and I can just say salutes to the coach, to the staff, to that Aggie land spirit and hail to A&M where the women are national champions and the men are yell leaders. Thank you.

SENATOR ELTIFE: Thank you, Senator Van de Putte. Senator Deuell on the resolution.

SENATOR DEUELL: Thank you, Mr. President and members. I just want to say congratulations to Skylar and Sidney. Senator West and I both have Cedar Hill and De Soto and we don't know exactly where you live but I just want to say congratulations and that's a great trophy there, remember the greatest trophy is a diploma so stick with that, walk across that stage. Thank you.

SENATOR ELTIFE: Thank you, Senator Deuell. Senator Williams on the resolution.

SENATOR WILLIAMS: Thank you, Mr. President. I too thank Senator Ogden for bringing this and add my congratulations to these ladies. You have made all of us who are former student of Texas A&M and you have made the whole state proud. We're very proud for you and I want to just wish you the best of luck and congratulations on everything.

SENATOR ELTIFE: Thank you, Senator Williams. Senator Shapiro on the resolution.

SENATOR SHAPIRO: Thank you, Mr. President and members. I too would like to add my name to the resolution. Most of my colleagues are probably saying the woman's lost her mind. I am a huge Long Horn fan, I mean my blood runs orange. But I will tell you that I watched you play basketball and what it reminds me of is the days -- I'm not sure I was wearing a long skirt when I was playing volleyball but I do remember back far enough to tell you that I knew Texas A&M when there were no women on the campus, so you not only have done an amazing feat by becoming the national champions of women's basketball but what you've done throughout this state is not only to show women that they can do whatever their dream takes them to, it also shows them they can do it at Texas A&M which is no longer that male bastion, but a place where women are wanted, desired and work hard to meet their goals. So from this Long Horn to you Aggies, gig em. Congratulations.

SENATOR ELTIFE: Thank you, Senator Shapiro. Senator Gallegos on the resolution.

SENATOR GALLEGOS: Thank you, Mr. President. Senator Ogden, I want to join you also on this resolution. To my fellow ball players on this Senate floor, I played for Houston Milby, Senator West, and won a lot of state championships, by the way, and I saw those ball games too and basketball really, to tell the truth, during my early years is my No. 1 love and it still is and I just want to tell you that when y'all went up to Notre Dame before the game started, when you go up against the fighting Irish it's their tradition and all, but I was really pleased and happy with the way you played, Coach. You and your team. And I congratulate you also and join you in this resolution, Chairman Ogden.

SENATOR ELTIFE: Thank you, Senator Gallegos. Senator Patrick is recognized on the resolution.

SENATOR PATRICK: Thank you. And thank you, Senator Ogden, for bringing this great group of young ladies to the Senate floor today. I had a son who was five years older than my daughter and so I was used to boy sports and I really didn't know about girl sports until as a dad you have a daughter who plays ball and I was lucky that my daughter was a pretty outstanding athlete in the greater Houston area. And I know being a dad to a daughter suddenly how excited I became about basketball and softball and it opened up a whole new world to me. I know how many practices each and every one of you who are on this team who plays the level you play, how many hours and hours you went back and forth with mom and dad to practice or grand mom or aunt and uncle who took you to practice. I know how much you've worked just to make the team and then to win a championship, it's just phenomenal. But what you have accomplished in winning, is first of all you made everyone an Aggie for the night at least and secondly you have elevated women's sports to people now who will pay attention who maybe didn't pay attention before. It's a great sport and women are tremendous athletes and so thank you for not just bringing a trophy home and a championship to College Station and to all of Texas and for making everyone an Aggie for the day. But what you really have done is you have set an example for every young girl out there who's ten or 11 or 12 who says, I want to play basketball or fast pitch softball or volleyball and I want to excel because for that moment in time even was watching all of you and that's a great thing for the university and it's a great thing for women athletes everywhere. So thank you very much for all those hours and practices and thank you for being able to block at the right time and rebound at the right time and hit the shot at the right time to win a championship. Thank you.

SENATOR ELTIFE: Thank you, Senator Patrick. Senator Lucio on the resolution.

SENATOR LUCIO: Thank you, Mr. President. Well, I want to join my colleagues. We've heard from Dallas, Houston, central Texas, West Texas, and now from south Texas, the Rio Grande valley where you have a lot of fans. Happy to have an A&M University in my district as well in Kingsville but we're all fans. We're basketball fans and we're especially fans of A&M and their accomplishments and I couldn't be happier. Personally I used to coach back in the 60s so I love basketball and what it does to the character of a person playing it. Team work, which you all showed great team work and true champions. The spirit of being a true champion so we all applaud your -- the effort you make in our behalf of the state of Texas and this is an accomplishment, as Senator Ogden very clearly stated, but I join with the senators in our area, the senators from Medoma and myself, Senator Hinojosa from the McAllen area and Corpus Christi area. And just to let you know that we too are extremely proud of your accomplishments. That's the way to go, Aggies.

SENATOR ELTIFE: Thank you, Senator Lucio. Senator Ogden moves adoption of the resolution. Is there objection? Chair hears none, resolution is adopted.

SENATOR WILLIAMS: Mr. President.

SENATOR ELTIFE: Senator Williams.

SENATOR WILLIAMS: I'd like to move that all members' names be added to the resolution.

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

PATSY SPAW: Senate Bill 1913 by Watson relating to the creation of a southeast Travis county municipal district No. 1. To Intergovernmental Relations. Senate Bill 1914 by Watson relating to creation of the southeast Travis county municipal district No. 2. To Intergovernmental Relations. Senate Bill 1915 by Watson relating to the creation of the southeast Travis county municipal county district No. 3. To Intergovernmental Relations. Senate Bill 1916 by Watson relating to the creation of the southeast Travis county municipal district No. 4. To Intergovernmental Relations. Senate Bill 1917 by Zaffirini relating to the tax exemptions for permit hotel residents in small municipalities. To Finance. Senate Bill 1918 by Zaffirini relating to the authority of emergency services districts in low populous counties to contract with banks regarding deposits. To Intergovernmental Relations. House Bill 6 to education. House Bill 33 to higher education. House Bill 44 to Intergovernmental Relations. House Bill 213 to business and commerce. House Bill 243 to transportation and homeland security. House Bill 265 to government organization. House Bill 282 to veteran affairs and military installations. House Bill 285 to governmental relations. House Bill 365 to state affairs. House Bill 377 to transportation and homeland security. House Bill 399 to higher education. House Bill 499 to Intergovernmental Relations. House Bill 555 to transportation and homeland security. House Bill 650 to higher education. House Bill 968 to education. House Bill 992 to higher education. House Bill 1064 to business and commerce. House Bill 1118 to Intergovernmental Relations. House Bill 1148 to transportation and homeland security. House Bill 1206 to higher education. House Bill 1242 to business and commerce. House Bill 1245 to economic development. House Bill 1247 to government organization. House Bill 1254 to international relations and trade. House Bill 1263 to economic development. House Bill 1300 to agriculture and rural affairs. House Bill 1325 to jurisprudence. House Bill 1341 to higher education. House Bill 1353 to transportation and homeland security. House Bill 1379 to Intergovernmental Relations. House Bill 1380 to health and human services. House Bill 1400 to Intergovernmental Relations. House Bill 1426 to jurisprudence. House Bill 1469 to business and commerce. House Bill 1550 to education. House Bill 1567 to criminal justice. House Bill 1568 to Intergovernmental Relations. House Bill 1614 to jurisprudence. House Bill 1425 to business and commerce. Had been 1753 to business and commerce. House Bill 1768 to Intergovernmental Relations. House Bill 1774 to government organizations. House Bill 1779 to criminal justice. House Bill 1781 to government organizations. House Bill 1806 to agriculture and rural affairs. House Bill 1832 to natural resources. House Bill 1861 to government organization. House Bill 1889 to jurisprudence. House Bill 1908 to criminal justice. House Bill 1917 to Intergovernmental Relations. House Bill 1965 to health and human services. Had been 1990 to Intergovernmental Relations. House Bill 2012 to business and commerce. House Bill 2131 to administration. House Bill 2207 to Intergovernmental Relations. House Bill 2251 to government organization. House Bill 2257 to transportation homeland secure. House Bill 2258 to health and human services. House Bill 2266 to Intergovernmental Relations. House Bill 2296 to Intergovernmental Relations. House Bill 2351 to Intergovernmental Relations. House Bill 2360 to natural resources. House Bill 2375 to business and commerce. House Bill 2418 to natural resources. House Bill 2463 to committee on open government. House Bill 2399 to government organization. House Bill 2503 to business and commerce. House Bill 2521 to Intergovernmental Relations. House Bill 2541 to transportation and homeland security. House Bill 2551 to business and commerce. House Bill 2582 to business and commerce. House Bill 2605 to government organization. House Bill 2609 to health and human services. House Bill 2621 to health and human services. House Bill 2633 to criminal justice. House Bill 2670 to Intergovernmental Relations. House Bill 2690 to Intergovernmental Relations. House Bill 2716 to Intergovernmental Relations. House Bill 2785 to economic development. House Bill 2794 to natural resources. House Bill 2831 to economic development. House Bill 2904 to health and human services. House Bill 2909 to education. House Bill 2971 to education. House Bill 3,000 to criminal justice. House Bill 3174 to jurisprudence. House Bill 3333 to government organization. HCR69 to administration.

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

SENATOR ESTES: Thank you, Mr. President and members. Members, I'd like to have your attention. At this time I would like to offer condolences for those grieving from the raging wildfires across the state of Texas.

SENATOR ELTIFE: Members, if we could have just a little order in the chamber.

SENATOR ESTES: Thank you, Mr. President.

SENATOR ELTIFE: Thank you, Senator Estes.

SENATOR ESTES: Members, we're grateful that we have these courageous men and women that are both professionals and volunteers across Texas here fighting these fires and offering assistance to support wildlife fire victims. The safety of those affected by these fires is of the upmost priority and we're working with local districts in the governor's division of emergency management to make sure eligible counties will be able to recoup their cost with FEMA funds. Members, at this time fires range from percent containment to 95 percent containment. Possum Kingdom in (inaudible) County which is in my district is now 80 percent contained. But to date we've lost 167 homes and two churches. They've been destroyed by fires burning near the Possum Kingdom lake. It looks like a war zone. As of this morning the Texas fire services is continuing to work on ten major fires that cover more than 530,000 acres. Last week Representative Hardcastle and I asked the Texas forest service to set up a fund to collect private donations for volunteer fire department services and these will be tax deductible. If you want any information, anyone within the sound of my voice please direct your constituents to the list of groups that will be taking funds and that information is located on my Senate Web site. Remember back, members and everyone listening, that human beings cause more than 90 percent of all the wildfires. So we urge everyone you know to obey any outdoor burning bans that may prevent a wildfire. Currently 211 of Texas 254 counties are reporting burn bans. Members, I ask today that we keep all our fellow Texans in our mind and pray for everyone in this time of natural disaster and realize at all the time and effort it will take to rebuild these communities. Thank you, Mr. President.

SENATOR ELTIFE: Thank you, Senator Estes. Senator Fraser, you're recognized for an announcement.

SENATOR FRASER: Mr. President, I would now move to suspend Senate rules 11.10 and 11.18 so the Senate committee on natural resources can take up Senate Bill 1074 by Jackson at our hearing this afternoon. 1064 is relating to the water districts authority to set ratings and a presumption of validity.

SENATOR ELTIFE: Members, you have heard the motion by Senator Fraser. Is there any objection? Hearing none, so ordered. Thank you, Senator Fraser.

SENATOR FRASER: And the Senate committee on natural resources will meet at 3:00 o'clock in the --

SENATOR ELTIFE: Thank you, Senator Fraser. Senator Duncan, you're recognized for an announcement.

SENATOR DUNCAN: Thank you, Mr. President and members. I move to suspend the 24-hour posting rule in accordance with Senate rule 11.10 and 11.18 in order for the Senate committee on state affairs to meet upon adjournment at my desk to vote on the following pending bills: Senate Bill 1285 by Watson, Senate Bill 1286 by Watson and Senate Bill 1664 by Duncan. If there are no questions, I move suspension.

SENATOR ELTIFE: Members, you heard the motion by Senator Duncan, is there any objection? Hearing none, so ordered.

SENATOR DUNCAN: We will meet at my desk as soon as we adjourn.

SENATOR ELTIFE: Thank you, Senator Duncan. Senator Nelson, you're recognized for an announcement.

SENATOR NELSON: Thank you, Mr. President. Senate committee on health and human services is going to resume our hearing in the Senate chamber at 3:00 o'clock.

SENATOR ELTIFE: Thank you, Senator Nelson. Senator Carona, you're recognized for a motion.

SENATOR CARONA: Mr. President, I move to suspend Senate rule 11.10 and 11.18 so that the Senate business and commerce committee can vote on Senate Bill 1743 by Senator Fraser at my desk today upon adjournment of the Senate.

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

SENATOR URESTI: Thank you, Mr. President. Members, I'm giving notice that the local and uncontested calendar session will be held this Thursday April 28th at 8:00 clock 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 the deadline to turn in bills to have them considered for next week's local and uncontested calendar is this Thursday April 28th at 3:00 o'clock p.m. Thank you.

SENATOR ELTIFE: Thank you, Senator Uresti. 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 at 7:30 a.m. in room E1.012. Thank you.

SENATOR ELTIFE: Thank you, Senator Zaffirini. Senator Harris, you're recognized for an announcement.

SENATOR HARRIS: Thank you, Mr. President. The jurisprudence committee meeting will begin at 3:00 o'clock.

SENATOR ELTIFE: Thank you, Senator Harris. Senator Whitmire, you're recognized for an announcement.

SENATOR WHITMIRE: Yes, sir. Criminal justice will meet at 3:00 o'clock in E10106 3 o'clock sharp.

SENATOR ELTIFE: Thank you, Dean Whitmire.

SENATOR WHITMIRE: Don't be late.

SENATOR ELTIFE: Members, upon adjournment we're going to have a memorial. So if you would take your seats. Thank you. The Chair recognizes the Dean of the Senate for a highly privileged motion.

SENATOR WHITMIRE: Mr. President, before I move to adjourn I'd like to yield to Senator Birdwell for comments.

SENATOR ELTIFE: Senator Birdwell you're recognized.

SENATOR BIRDWELL: Thank you, Mr. President. Thank you, Dean. Thank you, members. It is with great sadness that I move to adjourn today in memory of a fallen soldier from Ellis County U.S. Army Private First Class Joel Ramirez of Waxohatchee died on April 16th of wounds suffered in the

(inaudible) province of Afghanistan when insurgents attacked his unit with an improvised explosive device. Private Ramirez was assigned to the first battalion 32nd infantry regiment, third brigade combat testimony, mountain division, Fort Drum, New York. He died while serving in Operation Enduring Freedom and his death reminds us all of the capacity for sacrifice and the cost of freedom in our nation. Thank you, Mr. President. Thank you, Dean.

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

SENATOR WHITMIRE: I yield to Senator Uresti.

SENATOR ELTIFE: Senator Uresti, you're recognized.

SENATOR URESTI: Thank you, Mr. President and members. I too rise with a heavy heart and move that when the Senate adjourn today we do so in memory of Army Specialist Charles J. Wrenn who was recently killed in the line of duty in Afghanistan. Wrenn was born here in Austin but spent most of his life in Hondo where friends remember him for his sense of humor and courage. He was a 2004 graduate of Hondo High School. He joined the Army in 2008 enlisting in (inaudible). He completed his basic training at Fort Bend in Georgia. During his Army career Wrenn earned the bronze star, the purple heart, the army commendation medal and other military honors. Known to his schoolmates as Chaz, Specialist Wrenn was among three GIs with the 10th mountain division including fellow Texans Manuel Ramirez of Waxohatchee who were killed by an improvised explosive device April 16th. He held a special place in the heart of his classmates who dubbed him the "cheer man" for his ability to get everyone excited at pep rallies by running around in a cape and throwing candy from a detergent box. He was admired for his courage in the face of diversity. But his family was no stranger er to tragedy, Wrenn lost both of his parents at an early age and he and his brothers will and Jeff were raised by their grandchild. He is being remembered as a fearless young man who rose above the hard knocks of life to accomplish great things for our country. So, members, I move that we adjourn today in memory of Army Specialist Charles J. Wrenn.

SENATOR ELTIFE: Thank you, Senator Uresti. Senator Whitmire.

SENATOR WHITMIRE: I move that the Senate adjourn until tomorrow at 11:00 a.m. in memory of Private First Class Joel A. Ramirez and Army Specialist Charles J. Wrenn.

SENATOR ELTIFE: Members, Senator Whitmire moves that the Senate adjourn until 11:00 a.m. Wednesday April 27th, is there objection? Chair hears none, the Senate stands adjourned until 11:00 a.m. Wednesday April 27th. Thank you, members.

(Adjourned.)