Senate Transcript, April 5, 2011

LT. GOVERNOR DEWHURST: The Senate will come to order, and the secretary will call the roll.

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

LT. GOVERNOR DEWHURST: Thank you, Madam Secretary and members. A quorum is present. Would all those on the floor please rise this morning. And ladies and gentlemen in the gallery, if you don't mind, if you would rise, please. For the invocation this morning to be delivered by Pastor Jim Gray, the First Baptist Church of Woodway. But before we do that, I'm going to recognize Senator Birdwell for an introduction.

SENATOR BIRDWELL: Thank you, Mr. President. Members, Pastor Jim Gray is a native Texan, a Vietnam veteran and a Baptist pastor. Serving eight years in the United States Air Force and graduating from the University of Texas at Austin. He completed several post graduate courses at Southwestern Baptist Theological Seminary in Fort Worth. In 1983 he began his career of service to the Lord. In 1999 he was named associate pastor of Woodway Baptist Church in McClendon County, and he and his wife Kay, also a native Texan, have been married for 46 years and have a number of children and grandchildren. Members, it's my pleasure to welcome Jim Gray as our pastor of the day.

LT. GOVERNOR DEWHURST: Thank you. And, Pastor Gray, thank you so much.

PASTOR: Would you join me in prayer? God of the ages, we humbly enter Your presence today. Thank You for the many ways You bless us and for Your unconditional love for us. Thank You for the families and friends who pray for us and support us. Thank You for the nation and for the state in which we are blessed to live. I thank You, Lord, for these men and women who have answered the call to serve this great state as senators. I lift them and their families and staff up to You as they make difficult decisions which help us navigate these difficult days. During the birthing of our nation, Thomas Payne uttered the words, "These are the times that try men's souls." Those same words seem profoundly appropriate for today. I pray that these senators will seek Your guidance as they make decisions. Decisions that will impact our state not only in the short term but also for the ultimate benefit of our future generations. God, help us as we face these challenging days. And Lord, would you please give us rain. In the name above all names I pray. Amen.

LT. GOVERNOR DEWHURST: Amen. Thank you, Pastor Gray. Please be seated, ladies and gentlemen, thank you. And, Pastor Gray, thank you for praying for rain. That's very important all around the state. Seriously. Thank you. Members, Senator Whitmire moves to dispense with the reading of yesterday's journal. Is there objection from any member? The Chair hears no objection from any member, so ordered. The 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 a member of the Manufactured Housing Board Anthony Burkes, Fort Worth. To be members of the Brazos River Authority Board of Directors, Christopher S. Adams, Jr., Grand Berry; Cynthia Olson Berlin, Round Rock; Robert M. Christian, Marquez; Christopher D. Dewitt, Waco; Caroline H. Johnson, Freeport; and Roberta Joan Kilgore, Summerville, Texas. On March 29th, 2011, I submitted the name of Bobbie L. Limber for appointment to the Colorado River Authority for a term to expire February 1, 2017. Because he resigned, I hereby withdraw his nomination and request that the Senate return the appointment to me. Respectfully submitted, Rick Perry, governor of Texas. To nominations.

LT. GOVERNOR DEWHURST: Senator Rodriguez. Chair recognizes Senator Rodriguez to introduce the doctor for the day.

SENATOR RODRIGUEZ: Mr. President and members, it is my pleasure to introduce to you the doctor for the day, Dr. David Falafox. Dr. Falafox is a lifelong resident of El Paso, Texas and is currently the medical director of El Paso First health plan agency, a division of the El Paso County Hospital District. Dr. Falafox is a graduate of the University of Texas at El Paso with a bachelor of science and chemistry, and he received his medical degree from Texas Tech University. He has been in active medical practice in El Paso since 1980 and has practiced at all local hospitals in El Paso including the U.S. Army Hospital, William Beaumont. From 2001 to 2007 he served at University Medical Center in El Paso in the level one emergency department as an assistant professor of emergency medicine. He is currently an associate professor of family medicine at Texas Tech University Health Science Center in El Paso. Furthermore, Dr. Falafox was named outstanding emergency room physician at Providence Memorial Hospital in 1989, and believe it or not, he was inducted into the El Paso boxing, karate hall of fame in 1994. He's somebody to be reckoned with. He serves s in several community groups and professional organizations including the El Paso Medical Society, he was past president in 2007. He's also an active member of the Texas Medical Association where he serves on the Medicaid Select and Decision Access Distribution committees. He's a diplomate with the American Board of Family Medicine and a fellow with the American Academy of Family Physicians. Dr. Falafox is also a full time staff decision volunteer with the El Paso Baptist Free Clinic. Now, members, Dr. Falafox is a third generation of El Paso physician, and he has been married to his wife Patricia for 35 years. He's a father to two sons: Thomas David, a McMurray University graduate and Patrick James a recent graduate of the University of Texas at El Paso. I'd also like to recognize some other members of El Paso Medical Society joining us today up in the west side of the gallery. That's Dr. Jose Leron, current president of the El Paso Medical Society. If you would stand, please. Dr. Lese Dea, Dr. Manny Acosta, Dr. Craig Cameron, and Ms. Patsy Slaughter, the executive director of the Medical Society. Members, please help me welcome Dr. Falafox and also the members of the El Paso County Medical Society. Thank you very much.

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

SENATOR ELTIFE: Thank you, Mr. President and members. Members, please help me welcome a group of community leaders from Lamar County and the city of Paris who are in the gallery today getting ready for Lamar County Day at the Capitol. If y'all would please stand for me. Lamar County has a beautiful rural countryside and farming communities but it also home to four Fortune 500 counties. The Campbell Soup Company, Kimberly Clarke, Sarah Lee Bakery and Florida Power and Light. We have our great county judge of Lamar County the mayor of Paris, city council members and the president of the Chamber of Commerce. Members, please help me welcome Lamar County to the Texas Senate. Thank you for being here.

LT. GOVERNOR DEWHURST: Chair recognizes Senator West.

SENATOR WEST: Mr. President, Senator Eltife, but for Paris Junior College, but for Campbell Soup, I probably would not be on the floor of the state Senate. When I started my college career, I used ed to play basketball for Paris Junior college. Did you know that, Senator?

SENATOR ELTIFE: I did know that, Senator West.

SENATOR WEST: Okay. And I had a mean shot.

SENATOR ELTIFE: I don't know about that.

SENATOR WEST: Okay. Maybe I am embellishing that.

SENATOR ELTIFE: We'd like to see video.

SENATOR WEST: We didn't have video back in those days, so the evidence is gone. I just want to say thank you for everything, all the citizens and the leadership of Paris, Texas. And thank you for -- what is it -- Campbell Soup also.

SENATOR ELTIFE: Thank you, Senator West.

SENATOR WEST: Thank you.

SENATOR ELTIFE: And thank Lamar County for being here. We appreciate it. Thank you, Senator West.

LT. GOVERNOR DEWHURST: The Chair recognizes Senator Deuell.

SENATOR DEUELL: Thank you, Mr. President. I too want to extend my welcome to the people from Lamar County, Paris Junior College has a large facility and presence in Hunt County and our medical group actually has practices in Paris. So I just wanted to say hello and welcome.

LT. GOVERNOR DEWHURST: Well, as long as you're standing up, you're recognized to give a 24 hour notice on the nominations and efficiency government report.

SENATOR DEUELL: That's efficiency in government.

LT. GOVERNOR DEWHURST: Yes, sir.

SENATOR DEUELL: That's right. Get me while I am standing. Thank you, Mr. President. I want to move to confirm -- I will move to confirm the nominees listed in the action committee packet. These nominees were taken up at the Monday, April 4th meeting. We'll do this Wednesday.

LT. GOVERNOR DEWHURST: The Chair lays out the following resolution -- okay, members. Let me give you a little bit of status report. I have got one resolution and ten bills that we've got to get to today, and then we've got eight bills that are on local that if we have time we can take up. All right? A lot to do. The Chair lays out Senate Resolution No. 693 by Senator Duncan. The secretary will read the caption.

PATSY SPAW: Senate Resolution 693 commending Randall Keith Resonator, founder and executive director of Disability Awareness Programs of Texas and recognizing the week of April the 10th through 16th, 2011 as Disability Awareness Week. By Duncan.

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

SENATOR DUNCAN: Thank you, Mr. President and members. Disability Awareness Week will be observed next week April the 10th through the 16th. It's the mission -- its mission is to advance the understanding of people with different disabilities by establishing partnerships with other agencies enacting as an educational resource to the community. We have today on the floor the founder of Disability Awareness Week, Randall Resonator. I'm sorry, Randall, I worked on that and didn't get it exactly right. Randall has cerebral palsy. He is a tireless advocate for disability awareness programs and serves as executive director of Disability Awareness Services in Texas. Randall was born in Lubbock, Texas and is a fellow Red Raider. He earned his masters of education in instructional technology from Texas Tech and a bachelor science degree from the University of North Texas. This is an amazing feat for him. He serves also as a backup pastor at his church, a university instructor and a computer consult. Now, he was the founder of Disability Awareness Week and this week will include activities such as disability stimulations, obstacle courses, resources for parent, curriculum for schools and special activities with children with disabilities. Along with Randall -- and Randall, wave to everybody here. Along with Randall, I want to welcome Norma and Robert Resonator, they're Randall's parents. Robert Resonator, Jr., Randall's brother and Charlotte Resonator, Randall's niece. Help me welcome them to the floor and let's celebrate next week Disability Awareness Week.

LT. GOVERNOR DEWHURST: Members, you've heard the motion by Senator Duncan. Is there any objection from any member? Chair hears no objection, and the resolution is adopted. Members, the following bills and resolutions on first reading in reference to committee. The secretary will read the bills and the resolutions.

PATSY SPAW: House Bill 15. To State Affairs.

LT. GOVERNOR DEWHURST: Senator West, are you ready for an introduction? Chair recognizes Senator West for the purposes of an introduction.

SENATOR WEST: Mr. President, members, I stand to recognize students from UT Southwestern who are joining us in the Senate gallery this afternoon. UT Southwestern is located in the city of Dallas, Senator Shapiro. UT Southwestern Medical School admits about 230 students each year and is one of four medical schools in the state of Texas. I'm going to ask them to stand up. They're in the north gallery there, and let's welcome them to the State Capitol. Our future doctors.

LT. GOVERNOR DEWHURST: Senator Fraser, are you ready on 14? Chair recognizes Senator Fraser for a motion to not concur the House amendments to Senate Bill 14.

SENATOR FRASER: Mr. President and members, Senate Bill 14 relates to the requirements to vote including presentation of a photo ID. The House made some major changes that I think we need to discuss in conference committee. I would now move to refuse to concur in House amendments to Senate Bill 14.

LT. GOVERNOR DEWHURST: Members, Senator Fraser moves that the Senate not concur in House amendments to Senate Bill 14 and request the appointment of a conference committee. Is there objection from any member? Chair hears no objection. So ordered. The following conferees. Are there any motions to instruct? Hearing no motions to instruct, the following conferees.

PATSY SPAW: Conference committee on Senate Bill 14. Chair, Senator Fraser. Members: Senator Huffman, Senator Williams, Senator Birdwell, and Senator Van de Putte.

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

LT. GOVERNOR DEWHURST: Members, that takes care of the morning call. Senator Fraser, why -- Senator Fraser. You didn't want to put Senator Whitmire on the conference committee? That's right. All right, members. Senator Huffman, you ready on 656? Chair recognizes Senator Huffman for a motion to suspend the Senate's regular order to take up and consider Committee Substitute to Senate Bill 656.

SENATOR HUFFMAN: Thank you, Mr. President. I would move to suspend the Senate's regular order of business to take up and consider the Committee Substitute to Senate Bill 656. Members, the Committee Substitute to 656 is the Sunset bill for the Coastal Coordination Council. The council is a 12 member inner agency board that serves the state's federally approved coastal management program and coordinates the state's coastal managing its resources in compliance with federal coastal management program requirements. The council does not receive a direct appropriation but decides how to spend federal funds Texas receives to the Coastal Zone Management Act. As a result of having a federally approved program, the council has the authority to review federal agency decisions affecting Texas coastal resources to ensure they are consistent with CMO goals and policies. The Sunset Commission found that while Texas clearly benefits from maintaining federal approval of its coastal management program, a separate council is no longer needed to administer the CMP and that the general land officer could perform the council's limited duties more efficiently. So this Committee Substitute 656 abolishes the council effective September 1, 2011, and assigns its functions to the GLO. It requires the GLO to establish a coastal coordination advisory committee to assist with the administration of the coastal management program and advises the commissioner on the CMP. The Committee Substitute included technical clarifications at the request of the GLO and the National Oceanic and Atmospheric Administration. These changes are critical to ensure that the state does not lose federal coastal funds totaling approximately $12 million. Furthermore, those changes are critical to make sure Texas retains its own control over the coast as opposed to the federal government having control over Texas' coast. And I will have a floor amendment that makes some additional clarifying changes. I move to suspend the regular order of business, Mr. President.

LT. GOVERNOR DEWHURST: Members, you've heard the motion by Senator Huffman. Is there objection from any member? Chair hears no objection from any member, and the rule is suspended. Chair lays out on second reading Committee Substitute to Senate Bill 656. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 656 relating to the abolition of the Coastal Coordination Council.

LT. GOVERNOR DEWHURST: The Chair lays out Floor Amendment No. 1 by Senator Huffman. The secretary will be read the amendment.

PATSY SPAW: Floor Amendment No. 1 by Huffman.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Huffman to explain the amendment.

SENATOR HUFFMAN: Thank you, Mr. President. Members, the amendment was brought to us by the AG's office to further clarify changes that were adopted in the Committee Substitute relating to a potential physical implementation. Specifically, this amendment clarifies that the land commissioner makes the final decision on any consistency issues regarding a coastal permit or project except for consistency issues raised on its own permits and projects. For consistency issues raised regarding GLO permits or projects, the AG would make the final consistency determination. I move adoption of this amendment.

LT. GOVERNOR DEWHURST: Members, Senator Huffman moves the adoption of Floor Amendment No. 1. Is there objection from any member? The Chair hears no objection from any member, and Floor Amendment No. 1 is adopted. Chair recognizes Senator Huffman for a motion.

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

LT. GOVERNOR DEWHURST: Members, you have heard the motion by Senator Huffman. Is there objection from any member? The Chair hears no objection from any member, and the Committee Substitute to Senate Bill 656 as amended passes to engrossment. Chair recognizes Senator Huffman for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR HUFFMAN: I move to suspend the three day rule.

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

LT. GOVERNOR DEWHURST: There being 30 ayes and one nay, the rule is suspended. Chair lays out on third reading and final passage Committee Substitute to Senate Bill 656 as amended. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 656 relating to the abolition of the Coastal Coordination Council.

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

SENATOR HUFFMAN: I move final passage for the Committee Substitute Senate Bill 656.

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

LT. GOVERNOR DEWHURST: There being 31 ayes and no nays, the Committee Substitute to Senate Bill 656 as amended is finally passed.

SENATOR HUFFMAN: Thank you, Mr. President.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Eltife for a motion to suspend the Senate's regular order of business to take up and consider Committee Substitute to Senate Bill 1097.

SENATOR ELTIFE: Thank you, 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 1097. Currently a city may obtain the exclusive right to provide water service inside of a newly annexed territory. The significant limitation in current law is that outside of the city of Houston the only incumbent utilities that may be displaced by a municipality are water, sewer supply corporations, special utility districts and fresh water supply districts. A municipality may not seek certification area served by investor owned utilities. This legislation will ensure that all citizens of a municipality can be served under the same water and sewer utility. Mr. President, I move to suspend the Senate's regular order of business.

LT. GOVERNOR DEWHURST: Members, you've heard the motion by Senator Eltife. Is there objection from any member? Chair hears no objection from any member, and the rule is suspended. Chair lays out on second reading Committee Substitute to Senate Bill 1097. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1097 relating to single certification in an incorporated on annexed area served by water or sewer utilities.

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

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

LT. GOVERNOR DEWHURST: Members, you have heard the motion by Senator Eltife. Is there objection from any member? Chair hears no objection from any member, and Committee Substitute to Senate Bill 1097 passes to engrossment. Chair recognizes Senator Eltife for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR ELTIFE: So moved, Mr. President.

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

LT. GOVERNOR DEWHURST: There being 27 ayes and four nays, the rule is suspended. Chair lays out on third reading and final passage Committee Substitute to Senate Bill 1097. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1097 relating to single certification in an incorporated on annexed area served by water or sewer utilities.

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

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

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

LT. GOVERNOR DEWHURST: There being 28 ayes and three nays, a Committee Substitute to Senate Bill 1097 is finally passed.

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

LT. GOVERNOR DEWHURST: Thank you, Senator Eltife. 315, John. Chair recognizes Senator Carona for a motion to suspend the Senate's regular order of order to take up and consider Senate Bill 315.

SENATOR CARONA: Thank you, Mr. President. Members, last session I authored legislation that mandates the collection and sharing of data with a statewide database known as the Texas Gang Database by our local law enforcement agencies. Since then there has been the need to come back and clarify certain definitions including that of criminal justice agency. So what this bill does is clarify which agencies are required to release information and be trained by making the definition of juvenile justice agency consistent with the definition contained in the Family Code. Also stating that the definition of a law enforcement agency does not include the Texas Juvenile Probation Commission or any local probation juvenile department. I move at this time that we suspend the Senate's regular order of business.

LT. GOVERNOR DEWHURST: Thank you, Senator Carona. Members, you have heard the motion by Senator Carona. Is there objection from any member? Chair hears no objection from any member, and the rule is suspended. Chair lay outs on second reading Senate Bill 315. The secretary will read the caption.

PATSY SPAW: Senate Bill 315 relating to the agencies and entities responsible for compiling and maintaining information relating to criminal combination and criminal street gangs.

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

SENATOR CARONA: I move passage to engrossment.

LT. GOVERNOR DEWHURST: Thank you, Senator. Members, you've heard the motion by Senator Carona. Is there objection from any member? The Chair hears no objection, and Senate Bill 315 passes to engrossment. The Chair recognizes Senator Carona for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR CARONA: So moved.

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

LT. GOVERNOR DEWHURST: There being 30 ayes and one nay, the rule is suspended. Chair lays out on third reading and final passage Senate Bill 315. The secretary will read the caption.

PATSY SPAW: Senate Bill 315 relating to the agencies and entities responsible for compiling and maintaining certain information.

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

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

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

LT. GOVERNOR DEWHURST: There being 31 ayes and no nays, senate Bill 315 is finally passed. 73. You promised this morning. Okay. Chair recognizes Senator Nelson for a motion to suspend the Senate's regular order of business to take up and consider Committee Substitute to Senate Bill 73.

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 73. Mr. President and members, the goal of Senate Bill 73 is to save the state money on debt service for the voter approved bonds issued to promote cancer -- cancer research and prevention activities at the Cancer Prevention and Research Institute of Texas. This is expected to save over $30 million in general revenue over the 2012-2013 biennium and $70 million in general revenue over the 2014-2015 biennium. The Committee Substitute to Senate Bill 73 gives the Cancer Institute the flexibility to either escrow multi-year grants or stagger grant debt issuance as needed based on the expertise of the Texas Public Finance Authority. It makes this new flexibility effective immediately to allow savings to accrue for the remainder of the current fiscal year and it allows the Institute to use nonbond proceed revenue such as royalties to service debt in order to reduce the reliance on general revenue. Members, this bill was a recommendation of both the Sunset Advisory Commission and the Senate Finance Committee's interim report. This will not increase the amount of debt the state is allowed to issue. It will simply allow the institute to rely on the expertise of the Public Finance Authority to structure this debt in a way that cost the state the least amount of money. I move suspension.

LT. GOVERNOR DEWHURST: Great. Members, you heard the motion by Senator Nelson. Is there objection from any member? Chair hears no objection from any member, and the rule is suspended. Chair lays out on second reading Committee Substitute to Senate Bill 73. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 73 relating to debt issuance authority of and funding for the Cancer Prevention and Research Institute.

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

SENATOR NELSON: I move passage of Committee Substitute of Senate Bill 73 to engrossment.

LT. GOVERNOR DEWHURST: Members, you have heard the motion by Senator Nelson. Is there objection from any member? Chair hears no objection from any member, and the bill is passed to engrossment. The Chair lays out -- the Chair recognizes Senator Nelson for a motion to suspend the constitutional rule that bills be read on three several days.

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

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

LT. GOVERNOR DEWHURST: There being 30 days and one nay, the rule is suspended. Chair lays out on third reading and final passage Committee Substitute to Senate Bill 73. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 73 relating to debt issuance and authority of funding for the Cancer Research Institute.

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

SENATOR NELSON: Mr. President, I move final passage of the Committee Substitute to Senate Bill 73.

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

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

SENATOR NELSON: Thank you.

LT. GOVERNOR DEWHURST: And good job safing $100 million over the next four years.

SENATOR NELSON: Thank you.

LT. GOVERNOR DEWHURST: Senator Seliger 907. 907. The Chair recognizes Senator Seliger for a motion to suspend the Senate's regular order of business to take up and consider Senate Bill 907.

SENATOR SELIGER: Thank you, Mr. President. I move to suspend the regular order of business to take up and consider Senate Bill 907 relating to the management operation rule making authority of a groundwater conservation district. This bill requires a groundwater conservation district to adopt or amend rules as necessary to allocate groundwater accordingly in order to meet and achieve the desired future conditions. First, the management plan must be submitted to the executive administrator of the Water Development Board and then the Water Development Board will review the management plan to determine if the goals of the management plan are consistent to achieve the desired future conditions. If the water management board determines that the plan is not adequate, it simply sends it back to the groundwater conservation district. I move suspension.

LT. GOVERNOR DEWHURST: Members, you've heard the motion by Senator Seliger. Is there objection from any member? Chair hairs no objection from any member, and the rule is suspended. Chair lays out on second reading Senate Bill 907. The secretary will read the caption.

PATSY SPAW: Senate Bill 907 relating to management operation and rule making authority and oversight of groundwater conservation districts.

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

SENATOR SELIGER: Thank you, Mr. President. I move passage to engrossment of Senate Bill 907.

LT. GOVERNOR DEWHURST: Thank you. Members, you've head the motion by Senator Seliger. Is there objection from any member? Chair hears no objections from any member, and Senate Bill 907 passes to engrossment. Chair recognizes Senator Seliger for a motion to suspend the constitutional rule that bills be read on three several days.

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

LT. GOVERNOR DEWHURST: Members, you've head the motion. The secretary will call the roll.

LT. GOVERNOR DEWHURST: There being 30 ayes and one nay, the rule is suspended. Chair lays out on third reading and final passage Senate Bill 907. The secretary will read the caption.

PATSY SPAW: Senate Bill 907 relating to the management operation rule making authority and oversight of groundwater conservation districts.

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

SENATOR SELIGER: Thank you, Mr. President. I move final passage of Senate Bill 907.

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

LT. GOVERNOR DEWHURST: There being 31 ayes and no nays. Senate Bill 907 is finally passed. Congratulations.

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

LT. GOVERNOR DEWHURST: The Chair recognizes Senator West for a motion to suspend the Senate's regular order of business to take up and consider a Committee Substitute to Senate Bill 142.

SENATOR WEST: Thank you very much, Mr. President. I move to suspend the Senate's regular order of business to take up and consider at this time Committee Substitute to Senate Bill 142. Members, this is the homeowner's association bill. I would dare ask you how many of you have had complaints or concerns about homeowners associations, and I am pretty certain that each and every one of you would say that we have had -- you've had some issues concerning these associations which are much needed. Now, what this particular bill represents, it represents several meetings of different stakeholders, homeowners, management groups, developers and we've come to this particular bill that pretty much, I believe, addressed the issues of homeowner's associations, and hopefully this bill will not fall one vote short this session before going to the governor's desk. Let me take a few moments to discuss some of the key provisions that I feel make the bill a balanced piece of legislation. The Committee Substitute for Senate Bill 1462 levels the playing field for homeowners in suits. With homeowner's associations allowing whatever prevailing party to be awarded attorneys' fees. It provides greater transparency in real estate transactions by adding a requirement that a seller of real property must provide a potential purchaser with notice that they are entitled to all governing documents of homeowner's associations including restrictions, bylaws, rule and regulations, the resale certificate which must state the amount of the assessment in any lawsuits to which the association is a party except for those dealing with ad valorem taxation. It clarifies that the purchase of the property requires the resale of a certificate unless otherwise agreed. It also provides that the mechanism for foreclosure now has to be judicial as opposed to nonjudicial foreclosure. I could go on and on about the provisions in the bill, but I've talked with each and every one of you about the provisions. So, Mr. President, I move suspension of the regular order of business.

SENATOR OGDEN: Senator West moves to suspend the Senate's regular order of business to take up and consider Committee Substitute to Senate Bill 142. Is there any objection? Chair hears none. The rule is suspended. Chair lays out on second reading Committee Substitute to Senate Bill 142. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 142 relating to real property that is subject to restrictive covenants on the operation of covenants under the property owner's association.

SENATOR OGDEN: Senator West, before we go on, I'd like to recognize Senator Williams for an introduction.

SENATOR WILLIAMS: Thank you, Mr. President. And thank you, Senator West. I'm pleased to have the Montgomery County Team Republicans visiting the Capitol today. Members, if you would please join me in welcoming this group whose involved in a lot of civic and charitable affairs in Montgomery County. Help me welcome them to our state Capitol. Thank you.

SENATOR OGDEN: All right. The following amendment. The secretary will read the amendment by West.

PATSY SPAW: Floor Amendment No. 1 by West.

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

SENATOR WEST: Members, this amendment addresses one of the most historic and misguided actions of the homeowner's association board today. Foreclosing on the home of an American soldier while he was on active duty serving our country in Iraq. This amendment is identical to the Senate bill sponsored and passed by this body. Sponsored by Senator Van de Putte which I probably cosponsored. And it was Senate Bill 101, I believe, Senator Van de Putte. It prohibits the foreclosure, sale, seizure of property by a homeowner's association while an individual is on active military services -- service or for nine months following and requires information to be provided upon the notice of sale that requires that this notice be provided to military's service persons before it's actually foreclosed on by an association. I move adoption of the amendment.

SENATOR OGDEN: Senator West moves adoption of Floor Amendment No. 1. Is there any objection? Chair hears none, Floor Amendment No. 1 is adopted. The following amendment. The secretary will read the amendment.

PATSY SPAW: Floor Amendment No. 2 by West.

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

SENATOR WEST: Members, when the bill left the committee on the way to the floor, the interest groups that I was talking to you about the homeowners, the builders, the management groups came back to further tweak the legislation. And what I did is agreed to about 95 percent as long as we had agreement from most of the associations. And let me kind of go through this floor amendment. It removes a section of the bill that relates to transfer fees, since this is not a subject related to homeowner's association. It clarifies that sellers and certain purchasers can agree who will pay the cost of a resale certificate. It provides a greater clarity of a section of the bill related to self-perpetuating boards by outlining those instances when a board may reappoint without an election, such as a board vacancy resulting from the death or disability, while still requiring a vote to elect members of the board under other scenarios. It addresses potential unintended consequences by removing overly broad language regarding expanding the scope of the rules and guidelines which could basically result in further litigation with the associations. It clarifies provisions regarding threshold requirements found in some declarations by providing that these can only be amended by a vote of 67 percent unless a lower threshold is provided in the instrument. It provides additional clarity of a section in the bill that cost of open records which continues to be an issue that we're going to work on. What we did is made certain we tied it to an objective standard as it relates to the exact cost. And so we tied it to chapter 552 of the Government Code. It adds a requirement that discussions in executive session, to the extent it doesn't violate any confidentiality provision, be summarized and placed in the minutes of the board meetings. It clarifies that members of the association are entitled to notice of all association wide votes and elections. It allows the association to extend the length of payment plans to 18 months. I move adoption of the amendment.

SENATOR OGDEN: Chair recognizes Senator Nelson. For what purpose do you rise?

SENATOR NELSON: To ask a question of Senator West.

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

SENATOR WEST: Yes.

SENATOR NELSON: Senator, I greatly appreciate you're working on this issue. As you know, I had some problems up in my part of the state.

SENATOR WEST: I know.

SENATOR NELSON: I had not seen this amendment, and it's pretty detailed and I am wondering if these issues were discussed in committee when the bill was heard.

SENATOR WEST: The issues were discussed. However, once the bill left the committee, the same groups that were part of the discussion in committee are those individuals that we listened to in drafting this amendment.

SENATOR NELSON: Okay. Can you explain to me on page 6 under "third party collections," line 16, part two. You say, "Describe the options the owner has to avoid liability for attorney's fees or other costs related to collection of these amounts including information regarding the availability of a payment plan through the association." What does that do?

SENATOR WEST: Basically what it does it gives notice -- one of the issues that we have always dealt with is the outrageous attorney fees associated with enforcement of different rules and bylaws, etc. What this provision does, it provides a requirement, I think this is like 209.0064. What it does, Senator Nelson, is provide homeowners notice that if you don't take care of whatever the issue is, that this particular assessment or whatever the case may be, may be sent to an attorney or a third party collector for enforcement. And so what this does, it gives the homeowner the ability to take care of the problem before it's sent to a third party collector where absorbent fees would be charged to the homeowner.

SENATOR NELSON: And how does that differ from the way things are today?

SENATOR WEST: There is no requirement for them.

SENATOR NELSON: There's no requirement.

SENATOR WEST: No, not at all.

SENATOR NELSON: Okay. And you feel pretty certain with the people with whom -- I don't necessarily oppose this but I haven't had a chance to talk to the people that came by my office and felt that we needed some laws to address this issue. The people that you were working with, this is --

SENATOR WEST: Yes.

SENATOR NELSON: -- reflects their concerns?

SENATOR WEST: It does. And, again, if you look at it, it also provides a cure, a cure period. Some 30 days. So again what we're trying to do is reduce the cost. Homeowner's associations are great quasi governmental entities, but sometimes they go too far. And some of the complaints you have heard, I've heard and many of us have heard is concerning the foreclosure of homeowners, foreclosures of the liens in addition to the cost associated with it. What this provision does, it provides notice to the homeowner that if you don't take care whatever the issue is, that it will be sent to a collector and as a result of that, those fees could be tacked on to the assessment of a homeowner.

SENATOR NELSON: Let me ask you this too, Senator West. On page 1 you say "a declaration may be amended only by a vote of 67 percent of the total votes allocated to the property owners and property owners association." What is that now?

SENATOR WEST: Well, it varies. What ends up happening is that some of them have 90 percent, the declaration is like a constitution.

SENATOR NELSON: Yes.

SENATOR WEST: And so some of the instruments that create these now have 90 percent, and so the question is what is a reasonable number that you have to have before you can amend the constitution? And the groups agree that it should be 67 percent.

SENATOR NELSON: And you say it's a declaration, which you refer to, contains a lower percentage, the percentage in the declaration controls. So what you're saying is anything below 67 is okay but you don't want the 90 anymore.

SENATOR WEST: Exactly. And it was a consensus of the group.

SENATOR NELSON: Okay. Thank you, Senator. Thank you, Mr. President.

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

SENATOR HUFFMAN: To question the author, please.

SENATOR OGDEN: You're recognized for a question.

SENATOR WEST: Yes.

SENATOR HUFFMAN: Thank you. Senator West, I know that this bill was an agreed to bill, one of those bills I know that the stakeholders and you -- I'll talk louder, I'm sorry. I know what the stakeholders to reach an agreement with the Committee Substitute that came out of the committee; is that correct?

SENATOR WEST: That's correct.

SENATOR HUFFMAN: And I believe you stated in discussing Floor Amendment No. 2 that you met with individuals and stakeholders again after the bill passed out of committee to come up with even more agreements?

SENATOR WEST: No.

SENATOR HUFFMAN: I'm sorry, that's what I understood.

SENATOR WEST: I didn't specifically meet with them. They met with the staff.

SENATOR HUFFMAN: Okay.

SENATOR WEST: Committee staff. And what theses are clarifications in many instances, in some of the language that's in the Committee Substitute.

SENATOR HUFFMAN: Okay. And I believe you -- I heard you say that 95 percent of what is in the floor amendment was part of the agreed to? Could you point out to me what the 5 percent is in this floor amendment that was not agreed to by the stakeholders so that I could look a little more carefully at that? Frankly I'm not real informed on this issue, but I'm trying to figure it out and understand what I would be voting for on this floor amendment.

SENATOR WEST: And I think that's a reasonable request. What I can really read back is the cost that an association would be able to charge a homeowner in order to get records from the homeowner's association. That's the one that kind of comes out.

SENATOR HUFFMAN: Had that been a subject of dispute prior to the hearings and the committee or in the discussions with the different entities involved or --

SENATOR WEST: It had been an issue, and so in order to have an objective standard, what we tied it to was open meetings, Open Records Act. That's what I ended up tying it to here. That's the one issue that I can really recall that there was some discussion about and what I've told those that -- here's the situation, Senator Huffman. The associations want to have the ability to charge for personnel that will be required to provide the records.

SENATOR HUFFMAN: Okay.

SENATOR WEST: Okay? And that's an issue. What I told the association, I think it's the association, that we will continue to look at that issue as the bill travels through the process. So that's the biggest issue that I can think of.

SENATOR HUFFMAN: So you don't feel like that there's anything else of consequence in the floor amendment that would substantially change or alter the discussions that were had amongst the stakeholders as to the intention of your bill?

SENATOR WEST: That's exactly correct.

SENATOR HUFFMAN: That's correct and that's the representation you're making --

SENATOR WEST: That's correct. And that's the representation I'm making. And the other thing is I recognize that last session when this bill came back from the House, we were like one vote short of passing it. And, frankly, the reality is that I think this is a better bill. I know more about the issue now than I did then. I can probably answer most of the questions about homeowner's associations, and to the extent that there's more work that needs to be done as the bill is traveling through the process, those same stakeholders that have been sitting at the table will continue to have input into the process.

SENATOR HUFFMAN: Okay. Thank you. Thank you, Senator.

SENATOR WEST: Sure.

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

SENATOR DAN PATRICK: Question of the author.

SENATOR OGDEN: You're recognized for a question.

SENATOR PATRICK: Thank you, Mr. President. Senator West, we worked together on this bill and I too have not -- and I know you have worked a long time on this bill. I appreciate your effort on it. This amendment -- the reason for this amendment again, where did this come from? Because I know you have continued to work since this bill moved out of committee and I just want to -- a lot of words in this amendment that I just saw.

SENATOR WEST: Okay. Where it came from, it came from the development builder, it came from the management companies and it came from the homeowner's associations -- I mean, the homeowners. That's where it came from, and so what it represents is a -- to the extent 90, 95 percent of it represents agreements s between those various groups.

SENATOR PATRICK: Okay. And this is post committee passage?

SENATOR WEST: Yes, it is.

SENATOR PATRICK: Okay. Because I know there were some questions raised in this committee, some tweaks some homeowners wanted it and there was some questions that other stakeholders. So this addresses those issues?

SENATOR WEST: This addresses those particular issues and, as I said, those same stakeholders that were with me at 11:00 clock at night, 1:00 o'clock in the morning, they'll continue to have input into this political process.

SENATOR PATRICK: Okay. And I know none of us can guarantee what happens when we send the bill to the other side, but it is --

SENATOR WEST: Some of us can guarantee, Senator Patrick.

SENATOR PATRICK: I hope you can too, that when we get a House bill back, you know, that it will be -- the heart of this bill will be maintained because last session the House changed the bill dramatically. And this is a bill you have worked hard on and I want to see your efforts rewarded and your bill to pass and I -- I would be troubled if we get a bill back that changes this dramatically.

SENATOR WEST: You know, I recognize that you have to have political balance, and I know what I think will pass and what will not pass here in this chamber. I recognize that I was one vote short, Senator Patrick, last session as it relates to this particular bill. And from that vantage point, you can be assured that whatever comes back here, the heart of it will be this particular bill.

SENATOR PATRICK: Okay. And I'll work hard on that. And I appreciate your effort and teamwork on this and the House has to be able to flex their muscle and put in their viewpoint regardless of the party on the other side. But I just wanted to be sure that this is a very important piece of legislation involving so many different stakeholders that it could be knocked off its center quite easily and you have worked very hard to keep it on center, I believe.

SENATOR WEST: I agree with you wholeheartedly.

SENATOR PATRICK: Okay. Thank you.

SENATOR OGDEN: The question is on adoption of Floor Amendment No. 2. Is there objection? Chair hears none, Floor Amendment No. 2 is adopted. Following amendment. The clerk -- secretary will read the amendment.

PATSY SPAW: Floor Amendment No. 3 by West.

SENATOR OGDEN: Chair recognizes Senator West to explain the amendment.

SENATOR WEST: Thank you very much, Mr. Chairman. This amendment addresses a very common concern excessed by individuals living in homeowner's associations, and one that I have a particular understanding of, since it happened in my Senate district, this was an issue that was taken up during the committee. But I wanted to make certain that we use this as an amendment. An issue is a transition of the homeowner's association board of developers to homeowners. The issue is, members, there is no clarity of exactly what point you have a transfer from a developer to homeowners. We put in there, working very closely with the homeowners and developers, a 75 percent transition from the developer to homeowners. That is percent allotted to them, controlled by homeowners as opposed to homeowners and developers. So that sets in place a procedure that brings clarity to that issue. Secondly, I struggled with the appropriate way to address the situation dealing with issues concerning how do we handle an association that's basically defunct? And you have homeowners and they are subject to a homeowner's association that has a board that hasn't met. That's where we have in Lancaster, Texas. And I want to thank the home builder groups for helping me to come up with this particular mechanism and what it basically does is this. It requires, it requires that you have a vote, that a homeowner association at least meets once a year. That the board meets once a year. In an absence of the board meeting once a year, it sets in a place a mechanism whereby homeowners can then require that a meeting be held to deal with issues. Let me give you an example. When you look at Lancaster, Texas, we have a situation in Lancaster, Texas where the developer went bankrupt and left the homeowners association with over $80,000 with arrearages and without a mechanism to take control of the board. This particular amendment, once this bill becomes law will allow homeowners groups, specifically the homeowners, when you don't have a functioning board, to have a mechanism to put a board in place so it can deal with the issues surrounding the homeowners association.

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

SENATOR PATRICK: Just a question of the author.

SENATOR OGDEN: You're recognized for a question.

SENATOR PATRICK: Thank you, Mr. President. Once again, is this -- was there a reason we did not amend this into the bill in a Committee Substitute in committee?

SENATOR WEST: Yes. And the reason was that I wanted to make certain that I brought this to the floor and made certain to send a message because this is what's happening. We have a homeowners association in Lancaster, Texas right now where it's defunct, and we have over $80,000 of arrearages that's owed by those homeowners. I thought by making certain that I highlight this issue on the floor that that would kind of give them --

SENATOR PATRICK: A little room to move along?

SENATOR WEST: You know what I'm talking about, don't you?

SENATOR PATRICK: Okay.

SENATOR WEST: Okay? And so that's why I'm bringing it to the floor.

SENATOR PATRICK: And once again stakeholder input.

SENATOR WEST: In fact, yes, home builders have helped me deliver this particular mechanism.

SENATOR PATRICK: Okay. Home builders or homeowners?

SENATOR WEST: Home builders, developers.

SENATOR PATRICK: And would homeowners also be in support of it?

SENATOR WEST: I would imagine they would be because, again, we're talking about a defunct board that hasn't met. And so there is no mechanism currently in many of the dedicatory instruments that would allow homeowners to basically have a mechanism in order to require a meeting in order to put a new board in place. So, yes, they would be appreciative of our vote on this.

SENATOR PATRICK: Thank you, Senator.

SENATOR OGDEN: Motion is on the adoption of Floor Amendment No. 3. Is there objection? Chair hears none, the amendment is adopted. Mr. Doorkeeper.

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

SENATOR OGDEN: Admit the messenger.

MESSENGER: Mr. President, I am directed by the House to inform the Senate the House has taken the following actions. House has passed the following measures. HCR68 by Hunter requesting the Lieutenant Governor and Speaker of the House of Representatives to create a joint interim committee to study the trafficking of humans in Texas.

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

PATSY SPAW: Floor Amendment No. 4 by Ellis.

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

SENATOR ELLIS: Mr. President and members, Senator West has been very kind to work with me. A constituent of mine and a good friend of Senator Williams brought this issue out to our attention about homeowner's association being particularly onerous on people who have disabilities. But after reviewing the amendment and talking to Senator West, he's concerned, and I think rightfully so, that the language may be so broad that it would create a problem for a very finely tuned compromise in the bill that he has. So I'm going to pull it down and he has agreed to work with us through a process as this bill works its way through the House and come back to the Senate and maybe we can address some of these concerns for people with disabilities.

SENATOR WEST: And I appreciate you and Senator Williams for bringing that to my attention and we will, in fact, continue to work on that particular issue.

SENATOR ELLIS: Thank you, sir. I withdraw the amendment. Senator Williams might have something to say. I'm sorry.

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

SENATOR WILLIAMS: I had a question for Senator Ellis about the amendment.

LT. GOVERNOR DEWHURST: Yeah, but he's pulling it down.

SENATOR WILLIAMS: Okay.

SENATOR ELLIS: And we got -- Senator Williams, what I said was he agreed to work with us through a process.

LT. GOVERNOR DEWHURST: Members, Senator Ellis pulls down Floor Amendment No. 4. The Chair lays out Floor Amendment No. 5 by Senator Gallegos. The secretary will read the amendment.

PATSY SPAW: Floor amendment No. 5 by Gallegos.

LT. GOVERNOR DEWHURST: Has -- we'll wait a minute and make sure everyone has a copy. Chair recognizes Senator Gallegos to explain Floor Amendment No. 5.

SENATOR GALLEGOS: Thank you, Mr. President. Members, Floor Amendment No. 5, members, testimony in the IGR committee has revealed that certain individuals have been denied membership in an HOA or denied the right to vote in an HOA election based upon their nationality, race and nationality and likely is such a behavior that currently violates the Texas Fair Housing Act. However, there's no case law directly on point to support this notion. So all my amendment does, members, is to clarify that an HOA cannot deny membership or the right to vote based strictly upon race, color, religion and national origin. And we have discussed with all the stakeholders, not only the author, and the Texas Association of Builders and the HOA Coalition, they all have -- we all worked for this amendment and I believe it's acceptable to the author.

SENATOR WEST: It is.

SENATOR GALLEGOS: I move adoption.

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

SENATOR NELSON: Question of the author of the amendment.

LT. GOVERNOR DEWHURST: Will Senator Gallegos yield?

SENATOR GALLEGOS: Yes, sir.

SENATOR NELSON: Senator Gallegos, and I'm just now seeing this amendment, but isn't discriminatory housing covered in the -- I don't know what it is, Federal Fair Housing Act?

SENATOR GALLEGOS: Well, it is, but there's no case law on this specific part of it where the HOA calls a homeowner and tells him or her that you know, their -- their ownership is being questioned. And in some cases most of them speak either Spanish or Vietnamese or -- even though they're the actual homeowner.

SENATOR NELSON: So you're saying that the federal Fair Housing Act will not protect those individuals?

SENATOR GALLEGOS: There's no case law. There's no case law. And we just want to make sure that, you know, these people that own the homes, they have ownership.

SENATOR NELSON: Oh, no, I understand. I'm a coauthor of this bill.

SENATOR GALLEGOS: We've talked it over with the Texas Association of Builders, and they agree. In testimony we heard -- I know you weren't there, but in testimony --

SENATOR NELSON: I wasn't there, and I didn't agree. I just want to know a little more about this amendment. So who would investigate these claims if there was a claim made that the person had been discriminated against? Who would investigate that?

SENATOR GALLEGOS: Well, in this bill obviously the stakeholders, really the courts. They would have.

SENATOR NELSON: The courts would investigate? Which courts?

SENATOR GALLEGOS: Probably the state level, district courts and anybody that the -- if they felt that they were being discriminated against could go to the court under this bill.

SENATOR NELSON: Was this addressed in committee, Senator? We're talking. We're thinking. Was this -- I could pose this to Senator West, but was this discussed in committee? In committee was this issue discussed in committee? It was.

SENATOR GALLEGOS: As the person who testified to this issue it was.

SENATOR NELSON: Why didn't anybody give an amendment at that point?

SENATOR GALLEGOS: Well, it was already gone, and I had told Senator West that I'd put an amendment on the floor. I didn't want to hold up the bill.

SENATOR NELSON: Okay. I don't know. Senator, I don't oppose what you're trying to do, but I think it's already covered by the Fair Housing Act, and I'm still a little bit concerned about who's doing the investigation. But that's all I have right now, Mr. President.

SENATOR GALLEGOS: I understand, and you weren't there.

SENATOR NELSON: I wasn't there.

SENATOR GALLEGOS: But we can provide you -- I just want to make sure that doesn't happen.

SENATOR NELSON: I want to make sure it doesn't happen also.

SENATOR GALLEGOS: That's the only thing here. There's nothing hidden here.

SENATOR NELSON: You wouldn't hid --

SENATOR GALLEGOS: I wouldn't hide anything from you.

SENATOR NELSON: Thank you.

SENATOR GALLEGOS: Mr. President, let me pull down my amendment right now so I can make sure that I satisfy Senator Nelson's questions and some other questions that might be --

LT. GOVERNOR DEWHURST: Senator Patrick also had questions. Did you --

SENATOR GALLEGOS: I'll yield, Senator.

SENATOR PATRICK: Well, if you're going to pull down the amendment, then I'll --

LT. GOVERNOR DEWHURST: Well, what I think I heard him say, so he can satisfy. This is the last amendment that we have.

SENATOR PATRICK: So I have questions too about the amendment. I don't know if you want to pull them down.

SENATOR GALLEGOS: Why don't I just pull it because I have an amendment to the amendment, so let me just pull it down and then --

LT. GOVERNOR DEWHURST: All right. Senator Gallegos pulls down Floor Amendment No. 5.

SENATOR GALLEGOS: Well, I'm going to work -- and any questions that Senator Patrick might have.

LT. GOVERNOR DEWHURST: Okay. Then, Senator West, do you want to hold for a moment on this bill?

SENATOR WEST: No, I think that talking to Senator Gallegos, we will continue to work on his issue as the bill goes to the House. I think that's my understanding with Senator Gallegos.

LT. GOVERNOR DEWHURST: All right. Thank you, Senators. Senator Gallegos withdraws Floor Amendment No. 5. Senator West is recognized for a motion.

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

LT. GOVERNOR DEWHURST: Engrossment.

SENATOR WEST: Yes, sir.

LT. GOVERNOR DEWHURST: Members, Senator West moves passage to engrossment of Committee Substitute to Senate Bill 142 as amended. Is there objection from any member? The Chair hears no objection from any member and Committee Substitute to Senate Bill 142 as amended passes to engrossment. Chair recognizes Senator West for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR WEST: So moved, Mr. President.

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

LT. GOVERNOR DEWHURST: There being 30 ayes and one nay, the rule is suspended. Chair lays out on third reading and final passage Committee Substitute to Senate Bill 142. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 142 relating to real property that is subject to restrictive covenants and operation of property owners associations.

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

SENATOR WEST: Couple of things, Mr. President. No. 1, I want to thank the members of the committee for working with me on the bill and also the stakeholders. Members, I know what it means to get an amendment on the floor that's like six or seven pages and then have a colleague make representations that there's nothing in there that's going to bite you. This is what I pledge to you. If there's issues in that amendment that you voted on, I'll make certain that as the bill is going through the legislative process, that we address those issues. And with that, Mr. President, I move final passage of Committee Substitute to Senate Bill 142.

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

LT. GOVERNOR DEWHURST: There being 31 ayes and no nays, a Committee Substitute to Senate Bill 142 as amended is finally passed. 1702. The Chair recognizes Senator Williams for a motion to suspend the Senate's regular order of business to take up and consider Senate Bill 1702.

SENATOR WILLIAMS: Thank you, Mr. President and members. Senate Bill 1702 relates to the establishment of a task force to enhance the prosecution and tracking of money laundering in the state. This bill was certified for the local and uncontested calendar. We brought it to the floor just to get it moving. Members, this bill is a result of the work that we've done on border security. We've heard over and over again all over the state that this is a very complex area that requires a lot of resources and the -- what we decided to come up with was this bill which would create a task force that would consist of the following members. The attorney general, the director of the Department of Public Safety, the banking commissioner, the credit commissioner, the securities commissioner, the savings and mortgage lending commissioner and the comptroller. And the task force would be focused on sharing information and resources to successfully enforce the administrative and criminal actions against the perpetrators of money laundering. Mr. President, I move to suspend the Senate's regular order of business in order to take up and consider Senate Bill 1702.

LT. GOVERNOR DEWHURST: Thank you, Senator Williams. Senator Hinojosa, for what purpose?

SENATOR HINOJOSA: To ask Senator Williams a question.

LT. GOVERNOR DEWHURST: Will Senator Williams yield?

SENATOR WILLIAMS: I yield.

SENATOR HINOJOSA: Senator Williams, I like the bill and I guess -- and I support it, but do we have provisions there in the bill to prosecute if we find a higher place individual dealing drugs, if the money is confiscated?

SENATOR WILLIAMS: I'm sorry, I didn't understand your question. Could you repeat it.

SENATOR HINOJOSA: I guess in this task force, and part of the task force I would imagine would be we would have the ability to, refer a case to a grand jury to be able to prosecute.

SENATOR WILLIAMS: Well, actually they won't -- this task force, what they would be doing is focused on sharing information and resources. I don't think that they would as a task force as a group be referring any cases to a grand jury. It would be a local prosecutor most likely who would be involved in doing that or maybe the federal prosecutor, but it wouldn't be this task force per se.

SENATOR HINOJOSA: Yeah. Well, I would hope that they would have at least the ability to be able to involve some of the prosecutors and be able to prosecute or refer the case for prosecution.

SENATOR WILLIAMS: Well, and I hope we can evolve to that point too, Senator Hinojosa. You know, I had a deal last session to deal with racketeering and organized crime and to provide some civil penalties and get the attorney general's office involved. That bill met with a lot of opposition from the local prosecutors, and so what we're trying to do is create an environment with this bill that all of the state agencies and the local prosecutors could work together cooperatively to try to solve this very serious problem that we have of billions of dollars going southbound across the border.

SENATOR HINOJOSA: Well, I think this is a very good first step.

SENATOR WILLIAMS: It is just a baby step in the right direction.

SENATOR HINOJOSA: Yeah, because I think once we do the coordination and set up a task force, at some point, they'll be able to make recommendations as to how to proceed once we identify and track those funds how to be able to prosecute and also confiscate the money.

SENATOR WILLIAMS: Thank you. And that's what the goal is. Thank you very much. I move to suspend the Senate's regular order of business.

LT. GOVERNOR DEWHURST: Thank you, Senator Williams. Members, you have heard the motion by Senator Williams. Is there objection from any member? The Chair hears no objection from any member and the rule is suspended. The Chair lays out on second reading Senate Bill 1702. The secretary will read the caption.

PATSY SPAW: Senate Bill 1702 relating to the establishment of a task force to enhance the prosecution and tracking of money laundering.

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

SENATOR WILLIAMS: I move passage to engrossment.

LT. GOVERNOR DEWHURST: Thank you, Senator Williams. Members, you have heard the motion by Senator Williams. Is there objection from any member? The Chair hears no objection from any member, and Senate Bill 1702 passes to engrossment. Chair recognizes Senator Williams for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR WILLIAMS: So moved.

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

LT. GOVERNOR DEWHURST: There being 30 ayes and one nay, the rule is suspended. Chair lays out on third reading and final passage Senate Bill 1702. The secretary will read the caption.

PATSY SPAW: Senate Bill 1702 relating to the establishment of a task force to enhance the prosecution and tracking of money laundering.

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

SENATOR WILLIAMS: I move final passage.

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

LT. GOVERNOR DEWHURST: There being 31 ayes and no nays. Senate Bill 1702 is finally passed.

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

LT. GOVERNOR DEWHURST: I rarely do this, but we have a number of young students in the gallery and I was just going to explain that all these bills have been drafted by the individual senators and they've gone through what we call a committee process and so they've been debated in committees and then we're bringing them to the floor. So thank you very much for being with us. Chair recognizes Senator Estes for a motion to suspend the Senate's regular order of business to take up and consider Committee Substitute to Senate Bill 1230.

SENATOR ESTES: Thank you, Mr. President. And members. Members, this is a local bill that only affects the city of Denton. I've been in recent consultation with my colleague Senator Nelson on this bill. The city of Denton is pursuing developing a combined heat and power plant facility that uses natural gas, and the Committee Substitute for Senate Bill 1230 grants the city limited authority to sell excess natural gas from the plant to nearby industrial customers located only in the city's industrial park and within the city limits. And with that, Mr. President, I move to suspend the Senate's regular order of business.

LT. GOVERNOR DEWHURST: Thank you, Senator Estes. Members, you have heard motion by Senator Estes. Is there objection from any member? Chair hears no objection from any member, and the rule is suspended. The Chair lays out on second reading a Committee Substitute to Senate Bill 1230. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 1230 relating to the construction and operation of combined heating and power facilities in certain municipalities.

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

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

LT. GOVERNOR DEWHURST: Thank you, Senator. Members, you have heard the motion by Senator Estes. Is there any objection from any member? Chair hears no objection from any member, and Committee Substitute to Senate Bill 1230 passes to engrossment. The Chair recognizes Senator Estes for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR ESTES: So moved, Mr. President.

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

LT. GOVERNOR DEWHURST: There being 30 ayes and one nay, the rule is suspended. Chair lays out on third reading and final passage Committee Substitute to Senate Bill 1230. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 1230 relating to the construction and operation of combined heating and power facilities in certain municipalities.

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

SENATOR ESTES: Thank you, Mr. President. I move final passage of Committee Substitute Senate Bill 1230.

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

LT. GOVERNOR DEWHURST: There being 31 ayes and zero nays, Committee Substitute to Senate Bill 1230 is finally passed.

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

LT. GOVERNOR DEWHURST: 27. Chair recognizes Senator Zaffirini for a motion to suspend the Senate's regular order of business to take up and consider a Committee Substitute to Senate Bill 27.

SENATOR ZAFFIRINI: Thank you, Mr. President. Mr. President and members, I move to suspend the regular order of business in order to take up and consider at this time the Committee Substitute for Senate Bill 27 relating to policies of school districts and open enrollment charter schools for the care of certain students at risk of anaphylaxis or food allergies. The Committee Substitute for Senate Bill 27 would address the disparity in our schools, manage food allergies by ensuring the creation of statewide guidelines and best practices for our schools to follow for keeping these students who are at risk safe at school. Generally the bill would require the commissioner of health to create an ad hoc committee to develop guidelines for the care of these students, would require that each school board and open enrollment charter school administer a policy based on the guidelines for the care of these students, would provide for stakeholders to be represented on the ad hoc committee, require that the guidelines cannot impose unfunded mandates upon school districts or open enrollment charter schools and do not create any new liabilities for school officials. But they do have to be posted on the existing web site for children with special health needs. Mr. President, I move suspension.

LT. GOVERNOR DEWHURST: Thank you, Senator. Members, you have heard the motion by Senator Zaffirini. Is there objection from any member? Chair hears no objection from any member, and the rule is suspended. Chair lays out on second reading Committee Substitute to Senate Bill 27. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 27 relating to policies of school districts and open enrollment charter schools for the care of certain students at risk of anaphylaxis.

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

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

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

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

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

LT. GOVERNOR DEWHURST: There being 29 ayes and two nays, the rule is suspended. Chair lays out on third reading and final passage Committee Substitute to Senate Bill 27. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 27 relating to policies in school districts and open enrollment charter schools for the care of certain students at risk of certain anaphylaxis.

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

SENATOR ZAFFIRINI: Thank you, Mr. President. I move final passage of Committee Substitute for Senate Bill 27.

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

LT. GOVERNOR DEWHURST: There being 30 ayes and one nay, a Committee Substitute to Senate Bill is finally passed.

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

LT. GOVERNOR DEWHURST: The Chair recognizes Senator Huffman for a motion to suspend the Senate's regular order of business to take up and consider Senate Bill 153.

SENATOR HUFFMAN: Thank you, Mr. President. Members, I move to suspend the Senate's regular order of business to take up and consider Senate Bill 153. Members Senate Bill 153 is a refile of Senate Bill 1278 of last session which passed the Senate but did not make it through the House. Senate Bill 153 upholds the historical tradition of honoring recommendations issued by our jury panels. Senate Bill 153 explicitly clarifies a judge may not overrule a jury's sentencing recommendation. In February of 2009 the court of criminal appeals upheld a decision by the Travis County Court in which the judge, instead of doing what the jury requested, he overruled their recommendations and that of the defendant's wishes and sentenced (inaudible) to community supervision in lieu of incarceration. The court of criminal appeals heard the cases, as I said, and one of the dissenting opinions stated that a trial judge who imposes community supervision contrary to a jury's punishment verdict and against the defendant's wishes has illegally overridden the defendant's punishment election. In the prevailing opinion, the court commented that current statute does not expressly speak to the discretion of the trial judge or to the authority of the jury. So this Senate Bill directly addresses these issues by amending the Code of Criminal Procedure and stating clearly that the judge may not suspend the imposition of the sentence and place the defendant on community supervision if the jury has recommended confinement. I will have a floor amendment that places an additional clarifying change, though, to the concern of Senator Uresti. I move suspension of the regular order of business, Mr. President.

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

SENATOR HINOJOSA: To ask my good friend Senator Huffman --

LT. GOVERNOR DEWHURST: Will Senator Huffman yield?

SENATOR HUFFMAN: Yes, sir.

SENATOR HINOJOSA: Senator, are we taking away discretion from a judge to overrule the jury?

SENATOR HUFFMAN: Yes. Specifically only in situations where the defendant has filed an election prior to trial that the jury assesses punishment, and so the law already states that if the jury recommends community supervision that the judge can override this. This simply adds the provision also that if the jury recommends incarceration, the judge may not override that as well. I see this as really a defendant's rights issue because if a defendant is specifically given that right in statute to make that election and, you know, Texas is one of the few states that actually has that. But the defendant is given that right to make that election prior to trial. If a jury overrides, what a jury recommends is really violating the defendant's right which is, you know, it's clear in statute that it's the defendant's right.

SENATOR HINOJOSA: Well, could the judge still rule and give an instructed verdict?

SENATOR HUFFMAN: This does not affect the guilt or innocence phase of the trial. It simply affects the punishment phase of the trial. So the defendant would have already been found guilty by the jury in a separate part of the trial, as you know.

SENATOR HINOJOSA: So I guess what you're just try to do is to make sure that whatever the jury decides in terms of the punishment, the judge cannot change it.

SENATOR HUFFMAN: That's correct. I think that honors our jury system. When a juror serves, you know, a lot of them, it's a big commitment out of their life, a big -- you know, it's kind of a burden to serve on a jury. And I think they have a right for their verdict to be honored as well as the defendant. You know, sometimes -- as I think you do some criminal defense work. I know Senator Uresti does. And sometimes it's a strategic part on the defendant how he elects punishment, whether it be from a judge or a jury. Whether or not in this specific Ivy case, the defendant purposely did not file that sworn motion for probation stating that he'd never before been convicted of a felony or placed on probation. So he really wasn't even qualified technically under the law to receive probation. So it was an intentional strategic decision on the defendant's part not to file that motion for request for probation. So the jury didn't even really have that option.

SENATOR HINOJOSA: One more question.

SENATOR HUFFMAN: Yes, sir.

SENATOR HINOJOSA: I guess if there is misbehavior on the part of jury, will the judge still have the authority to be able to correct that?

SENATOR HUFFMAN: I think that would be -- still be. Did you say misbehavior or improper behavior?

SENATOR HINOJOSA: Misbehavior --

SENATOR HUFFMAN: Yeah, I don't see how that -- this would affect that because I still think if the defendant felt that the trial had not been fair in some way, he could still file a motion to the judge for a mistrial if there had been improper jury conduct.

SENATOR HINOJOSA: So your intent is pretty narrow?

SENATOR HUFFMAN: It's pretty narrow.

SENATOR HINOJOSA: So the judge can't overrule the jury's decision?

SENATOR HUFFMAN: Exactly. And some of those concerns that Senator Uresti has, you'll see on the floor amendment it makes it clear that the statement really applies only in situations where a defendant has elected for a jury to assess punishment.

SENATOR HINOJOSA: Thank you for the explanation.

SENATOR HUFFMAN: Okay. Thank you, sir.

LT. GOVERNOR DEWHURST: Thank you, Senator Huffman. Members, you have heard the motion by Senator Huffman. Is there objection from any member? Chair hears no objection from any member, and the rule is suspended. The Chair lays out on second reading Senate Bill 153. The secretary will read the caption.

PATSY SPAW: Senate Bill 153 relating to the authority of a judge to suspend imposition of a sentence and population the defendant on community supervision.

LT. GOVERNOR DEWHURST: The Chair lays out Floor Amendment No. 1 by Senator Huffman. The secretary will read the amendment.

PATSY SPAW: Floor Amendment No. 1 by Huffman.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Huffman to explain Floor Amendment No. 1.

SENATOR HUFFMAN: Thank you, Mr. President. Again, this Floor Amendment was added by me after some discussions with Senator Uresti who had some concerns about that maybe the language was a little broad. So it's put on this to clarify specifically that my change of the law only applies to situations where a defendant has elected to have the jury assess the sentence, not trying to change all the other laws in the code that deal with the judge's ability to grant community supervision in many different situations.

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

SENATOR URESTI: Will the gentle lady yield?

LT. GOVERNOR DEWHURST: Will the Senator yield?

SENATOR HUFFMAN: Of course. Yes.

SENATOR URESTI: Thank you, Senator Huffman. And thank you for working with me on this amendment. And I agree with you 110 percent on the intent of your bill and to follow on Senator Hinojosa's concerns. I believe your amendment definitely addresses the concerns that I had in the event notwithstanding what the jury decides to do, be it that they determine that the defendant should be incarcerated, that the judge still has the option to grant chalk probation within the six months of the judge's jurisdiction.

SENATOR HUFFMAN: Right. It does not change the judge's jurisdiction. All right.

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

SENATOR HUFFMAN: I move passage to engrossment -- oh, I move adoption of the amendment first.

LT. GOVERNOR DEWHURST: Members, you've heard the motion by Senator Huffman. Is there objection from any member? The Chair hears no objection. The amendment is adopted. Senator Huffman is recognized for a motion.

SENATOR HUFFMAN: Passage to engrossment, sir.

LT. GOVERNOR DEWHURST: Members, you've heard the motion by Senator Huffman. Is there objection from any member? Chair hears no objection, and Senate Bill 153 as amended passes to engrossment. Chair recognizes Senator Huffman for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR HUFFMAN: So moved.

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

LT. GOVERNOR DEWHURST: There being 30 ayes and one nay, the rule is suspended. Chair lays out on third reading and final passage Senate Bill 153 as amended. The secretary will read the caption.

PATSY SPAW: Senate Bill 153 relating to the authority of a judge to suspend imposition of a sentence and place the defendant on community service.

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

SENATOR HUFFMAN: I move final passage of Senate Bill 1534.

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

LT. GOVERNOR DEWHURST: There being 31 ayes and no nays, Senate Bill 153 as amended is finally passed.

SENATOR HUFFMAN: Thank you, sir.

LT. GOVERNOR DEWHURST: 597. Chair recognizes Senator Shapiro for a motion to suspend the Senate's regular order of business to take up and consider Committee Substitute to Senate Bill 597.

SENATOR SHAPIRO: Thank you very much, Mr. President and members. Committee Substitute -- Senate Bill 597 is a bill that will extend access to the permanent school fund bond guarantee for financially strong charter schools, helping these schools to thrive while saving money. This will extend the permanent school fund to the charter schools who independently qualify for investment grade status. By qualifying for investment grade status, the guarantee will only extend to charters who show both academic as well as financial integrity. The reserve amount of the guarantee corresponds to the percent of students that are enrolled in charters as compared to the total of traditional public school students. The reserve right now would be at the max percent. Mr. President and members, I -- I guess it was a Committee Substitute, I'm sorry. I ask for the regular order of business to be suspended at this time.

LT. GOVERNOR DEWHURST: Thank you, Senator Shapiro. Members, you have heard the motion by Senator Shapiro. Is there objection from any member? Chair hears no objection from any member, and the rule is suspended. Chair lays out on second reading Committee Substitute to Senate Bill 597. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 597 relating to guarantee of open enrollment charter school bonds by the permanent school fund.

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

SENATOR SHAPIRO: Thank you, Mr. President and members. I ask for passage to engrossment of Committee Substitute of Senate Bill 597.

LT. GOVERNOR DEWHURST: Thank you, Senator Shapiro. Members, you've heard the motion by Senator Shapiro. Is there objection from any member? Chair hears no objection from any member, and Committee Substitute to Senate Bill 597 passes to engrossment. Chair recognizes Senator Shapiro for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR SHAPIRO: So moved.

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

LT. GOVERNOR DEWHURST: There being 30 ayes and one nay, the rule is suspended. Chair lays out on third reading and final passage Committee Substitute to Senate Bill 597. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 597 relating to the guarantee of open enrollment charter school bonds by the permanent school fund.

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

SENATOR SHAPIRO: Thank you, Mr. President and members. I move final passage of Committee Substitute Senate Bill 597 at this time.

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

LT. GOVERNOR DEWHURST: There being 31 ayes and no nays, a Committee Substitute to Senate Bill 597 is finally passed.

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

LT. GOVERNOR DEWHURST: 1308. Chair recognizes Senator Seliger for a motion to suspend the Senate's regular order of business to take up and considering Senate Bill 1308.

SENATOR SELIGER: Thank you, Mr. President. I move to suspend the regular order of business to take up and consider Senate Bill 1308 at this time relating to the standards for attorneys representing indigent defendants in capital cases. Current law states that an attorney who is found to render ineffective assistance by a court is permanently banned from capital case representation. This bill allows for the review of attorneys by the regional selection committee who are no longer eligible to represent indigent defendants in capital cases to a single finding of ineffective counsel to be examined by that committee and be requalified to provide counsel in capital cases. I move suspension.

LT. GOVERNOR DEWHURST: Thank you, Senator. Members, you have heard the motion by Senator Seliger. Is there objection from any member? Senator Ellis, for what purpose do you rise?

SENATOR ELLIS: Just a quick question.

LT. GOVERNOR DEWHURST: Will Senator Seliger yield?

SENATOR ELLIS: Senator, it came out of criminal justice? I think so. I think I voted for it, I just don't remember.

SENATOR SELIGER: I think it either came out of the criminal justice or state affairs.

SENATOR ELLIS: Out of jurisprudence? Tell me what it does again. Someone who --

SENATOR SELIGER: If someone provides inefficient representation in a capital case, and a judgment is so made by a judge, they can be disqualified from providing counsel in a capital case. If it so happens, this one time, if there's a review by the regional selection committee for capital counsel reviews that attorney's performance and deems that person is qualified that they can then be requalified to represent the people in a capital case, the convicted or the accused.

SENATOR ELLIS: Do you know if any other state does it this way? It sounds like, I don't know if that was a particular case that issue or not. So it would mean if somebody was taken off the list to be appointed, I assume by a judge, to represent somebody in a capital case and they were determined to be ineffective, then this would make it easier for them to get back on the list?

SENATOR SELIGER: I wouldn't think it would make it easier, but it would allow a process by which they could get qualified to get back on the list. In answer to your question, is this allowed in other states, I think I would prefer to defer to your experience and knowledge of this particular sort of circumstance.

SENATOR ELLIS: Would you mind -- I assume you have the votes, but I'd like to look at it and just note. Is that a problem if you just pulled it down and brought it back up? Just to make sure. And the only reason I raise the issue -- and I'm sorry I didn't tell you before you brought it.

SENATOR SELIGER: That's okay.

SENATOR ELLIS: Because we've had so many wrongful convictions in Texas, I just want to make sure we're being careful and we know what we're doing. I don't want to argue.

SENATOR SELIGER: I appreciate your scrutiny. Mr. President, if I may, I would like to pull down this bill temporarily pending conference with Senator Ellis.

LT. GOVERNOR DEWHURST: Members, Senator Seliger withdraws his motion on Senate Bill 1308. 626. 626. Chair recognizes Senator Carona for a motion to suspend the Senate's regular order of business to take up and consider Committee Substitute to Senate Bill 626.

SENATOR CARONA: Thank you, Mr. President. Members, the Texas Lottery Act requires mandatory deduction from the prize winnings of a person for certain delinquencies owed to the state. These can be moneys owed to the comptroller, the Work Force Commission, delinquent child support payments, etc. The act also allows prize winners who receive installment payments to assign future installments except that any prize payment do within the final two years of the payment and ultimately may not be assigned. This provision allows the commission to determine if there's any delinquent payments owed to the state and to collect that money before the final two years worth of earnings are paid out. However, recent court decisions have put that in question. So what this bill does is resolve the inconsistencies between the Lottery Act and the UCC and provides a clear statement of policy. It says that if a person owes a delinquent payment to the state at the time a person wins a prize, the proposed language will prohibit that individual from assigning future installments until that debt's been settled. On the other hand, if a prize winner does not owe any money to the state initially, that person may assign their winnings for the entire length of the annuity and should moneys later become available, then other additional routes would be pursued for collection. I move at this time to suspend the Senate's regular order of business.

LT. GOVERNOR DEWHURST: Thank you, Senator. Members, you've heard the motion by Senator a Carona. Is there objections from any member? The Chair hears no objection, and the rule suspended. The Chair lays out on second reading Committee Substitute to Senate Bill 626. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 626 relating to lottery winnings including assignment Of winnings, periodic payments and the deduction of child support delinquency amounts from winnings.

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

SENATOR CARONA: I move passage to engrossment.

LT. GOVERNOR DEWHURST: Thank you, Senator Carona. Members, you have heard motion by Senator Carona. Is there objection from any member? The Chair hears no objection from any member and Committee Substitute of Senate Bill 626 passes to engrossment. The Chair recognizes Senator Carona for a motion to suspended the constitutional rule that bills be read on three several days.

SENATOR CARONA: So moved, Mr. President.

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

LT. GOVERNOR DEWHURST: There being 30 ayes and one nay, the rule is suspended. The Chair lays out third reading and final passage Committee Substitute to Senate Bill 626. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 626 relating to lottery winnings including of assignment winnings, periodic of payments and deduction of child support delinquency amount from the winnings.

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

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

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

LT. GOVERNOR DEWHURST: There being 31 ayes and no nays, a Committee Substitute to Senate Bill 626 is finally passed. The Chair recognizes Senator Seliger for a motion to suspend the Senate's regular order of business to take up and consider Senate Bill 1308.

SENATOR SELIGER: Given the previous discussion and subsequent discussion with Senator Ellis and Hinojosa, I move suspension of the regular order.

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

SENATOR HINOJOSA: To ask Senator Seliger a question.

LT. GOVERNOR DEWHURST: Will Senator Seliger yield?

SENATOR SELIGER: I do.

SENATOR HINOJOSA: And actually, Senator, the problem right now is that if you are removed from doing capital murder cases there's no way -- there's no structural process by which you can get reinstated in the event you make one mistake in one case.

SENATOR SELIGER: Exactly right. It is a one case situation, and at this point there is no way to requalify to defend in capital cases.

SENATOR HINOJOSA: And you set up the structure (inaudible) review that lawyer skills to be able to handle this type of case?

SENATOR SELIGER: It is reviewed by those qualified and experienced and just such an exercise. Yes, sir.

SENATOR HINOJOSA: Thank you for your clarification.

SENATOR SELIGER: Thank you, Senator Hinojosa.

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

SENATOR ELLIS: Quick question.

LT. GOVERNOR DEWHURST: Will Senator Seliger yield?

SENATOR SELIGER: I do.

SENATOR ELLIS: Yes, sir. And I appreciate you addressing my concerns. I think you have adequate safeguards in the bill which is why a number of advocacy groups have signed up on it. And in some of our rural counties in particular, it's a particular problem to get someone to take a death penalty case. But I think your bill addresses those concerns and I'm supportive.

SENATOR SELIGER: And I appreciate you taking a closer look at it, Senator Ellis.

LT. GOVERNOR DEWHURST: Members, you've heard the motion by Senator Seliger. Is there objection from any member? Chair hears no objection from any member, and the rule is suspended. Chair lays out on second reading Senate Bill 1308. The secretary will read the caption.

PATSY SPAW: Senate Bill 1308 relating to the standards of attorneys representing indigent defendants in capital cases.

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

SENATOR SELIGER: Mr. President, I move passage to engrossment of Senate Bill 1308.

LT. GOVERNOR DEWHURST: Thank you, Senator. Members, you've heard the motion by Senator Seliger. Is there objection from any member? The Chair hears no objection from any member, and Senate Bill 1308 passes to engrossment. Chair recognizes Senator Seliger for a motion to suspend the constitutional rule that bills be read on three several days.

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

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

LT. GOVERNOR DEWHURST: There being 30 ayes and one nay, the rule is suspended. Chair lays out on third reading the final page of Senate Bill 1308. The secretary will read the caption.

PATSY SPAW: Senate Bill 1308 relating to the standards of attorneys representing indigent defendants in capital cases.

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

SENATOR SELIGER: Thank you, Mr. President. I move final passage of Senate Bill 1308.

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

LT. GOVERNOR DEWHURST: There being 31 ayes and no nays, Senate Bill 1308 is finally passed.

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

LT. GOVERNOR DEWHURST: Members, the president's desk is clear. The president's desk is clear. Do we have announcements? Quickly to his feet. Chair recognizes Senator Eltife for an announcement.

SENATOR ELTIFE: Thank you, Mr. President and members. I am giving notice that the local and uncontested calendar session will be held Thursday April 7th at 8:00 a.m. A copy of the calendar has been furnished to each of you including Chair of Finance Senator Ogden. The bills and resolutions will be considered on second and third reading in the order listed. Also the deadline to have them considered for next week's local and uncontested calendar is this Thursday April 7th at 10:00 a.m. Thank you, Mr. President. And thank you, members.

LT. GOVERNOR DEWHURST: Thank you, Senator Eltife. Chair recognizes Senator Hinojosa for an announcement.

SENATOR HINOJOSA: Thank you, Mr. President and members. I would like to announce that the Finance Subcommittee on Higher Education will be meeting 30 minutes after adjournment. On finance committee. The Subcommittee on Higher Education of the Finance Committee will be meeting 30 minutes after adjournment.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Harris for an announcement.

REPRESENTATIVE CHRIS HARRIS: Thank you, Mr. President. Judiciary will begin at 1:45, Mr. President.

LT. GOVERNOR DEWHURST: Thank you, Senator. The Chair recognize Senator Whitmire for an announcement. What was that motion?

SENATOR WHITMIRE: I'd like to announce criminal justice meeting at 1:30, Mr. President, at E1016, 1:30.

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

SENATOR NELSON: Thank you, Mr. President. The Senate Committee on Health and Human Services is going to resume its hearing at 2:00 clock on the floor of the Senate chamber.

LT. GOVERNOR DEWHURST: Thank you, Senator Nelson. Chair recognizes Senator Williams for a motion.

SENATOR WILLIAMS: Thank you, Mr. President. I move to suspend Senate Rule 11.10 and 11.18 so that the Senate Subcommittee for Finance on Articles VI and VII can meet at my desk upon adjournment of the full Senate.

LT. GOVERNOR DEWHURST: Thank you, Senator Williams. Members, you've heard the motion by Senator Williams to suspend the Senate rules 11.10 and 11.18 so that the Senate Finance Subcommittee on Article VI and VII can meet at his desk following adjournment. Is there objection from any member? Chair hears no objections. So ordered.

SENATOR WILLIAMS: Mr. President, I'd like to announce that the Senate Subcommittee on Finance for Article VI and VII will meet at my desk upon adjournment.

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

SENATOR ZAFFIRINI: Thank you, Mr. President. Mr. President and members, the Senate Higher Education Committee will meet tomorrow Wednesday at 7:30 a.m. in room E1.012 our regular meeting room. Thank you.

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

SENATOR FRASER: Members, the Senate Committee on Natural Resources will meet at 1:25. We have one more bill to hear. We have to vote out if I could get a quorum. We're going to try to vote some bills, but we do have one more bill to hear. 125, down the extension.

LT. GOVERNOR DEWHURST: Thank you, Senator Fraser. Members, are there any additional announcements? If not, I'll go to the Dean and then Senator Lucio. Chair recognizes the Dean of the Senate for a highly privileged motion.

DEAN OF THE SENATE: Thank you, Mr. President. I would move in a motion, but at this time I'd ask for our -- better order and yield to Senator Lucio and then after Senator Lucio, Senator Gallegos would also like to be heard.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Lucio.

SENATOR LUCIO: Thank you, Mr. President.

LT. GOVERNOR DEWHURST: And members, I'm going to ask you --

SENATOR LUCIO: Thank you, Mr. President. Members, today I ask that we adjourn in memory of a dear friend of mine who passed away yesterday in San Antonio. Sergio Shearer was local Texas was a great man and a true Texan. He attended North Texas State University and majored in psychology. At the same time he attended cosmetology school in Fort Worth. Later on obtaining his instructor license at Magic Valley Beauty College in San Juan, Texas, in. 1976 the Shearer family purchased Magic Valley Beauty College in San Juan, Texas and his legacy will continue to grow through the establishments of four more campuses in south Texas. In the 1990s he was assigned the Texas cosmetology commissioner by Governor Ann Richards and served until 2001. He worked diligently with me to pass legislation that would set the standard for cosmetologists and make the cosmetology industry as credible as it is today. He was known as a trail blazer in today's beauty and wellness industry. Forming strong links for generations to come. Dean Whitmire, thank you for yielding to me at this time. And members, I would like to adjourn today in memory of Sergio Shearer, a great Texan.

LT. GOVERNOR DEWHURST: Thank you, Senator Lucio.

SENATOR WHITMIRE: Mr. President, I would yield to Senator Gallegos.

LT. GOVERNOR DEWHURST: The Chair recognizes Senator Gallegos.

SENATOR GALLEGOS: Thank you, Mr. President and members. I would also like to adjourn today in memory of my mother's sister, my aunt. She passed away Sunday, and I don't see Senator Birdwell on the floor but I wanted you to know that both my aunt and my mother, when war broke out, they both went to Washington, D.C. and worked in the war department in the teletype room during the war. She passed away Sunday, and I'd like to adjourn in her memory. Thank you.

LT. GOVERNOR DEWHURST: Chair recognizes the Dean of the Senate.

SENATOR WHITMIRE: Thank you, Mr. President. I move that the Senate adjourn until 11:00 a.m. tomorrow in memory of Sergio Shearer and Amplaya Hernandez.

LT. GOVERNOR DEWHURST: Members, you've heard the motion by Senator Whitmire. Is there objection from any member? The Chair hears no objections from any member, and the Senate will stand adjourned until 11:00 a.m. tomorrow morning, Wednesday April 6th in honor of Sergio Shearer and Amplaya Hernandez.

(Adjourned.)