Senate Transcript, May 11, 2011

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

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

SENATOR KEVIN ELTIFE: A quorum is present. Senator Watson, you're recognized.

SENATOR KIRK WATSON: Thank you very much, Mr. President. Members, I had asked to be recognized so that I might introduce the Reverend Dr. Mark S. Knuckles. We're very blessed to have him with us today, not just because I know that he'll give us an inspirational prayer here in the last weeks of a very difficult legislative session, but also I wanted to take a moment to recognize him for his other service. And so I wanted to point out that while he has served at St. Paul Lutheran Church School, here in Austin, since 2004; and he has been involved in different parish and school type settings for most of the 23-plus years now in the office of public ministry, he has served two, 12-month combat tours of duty in Iraq as an Army Reserve Chaplain, and he is the recipient of two Bronze Stars for his service to our nation. So I thought it particularly appropriate and fitting that this morning we say thank you, God, for what you mean to all of us individually, and to our country, and God bless you for being with us today to provide us with our prayer as we start this day. Members, I wanted to introduce you to the Reverend Dr. Mark S. Knuckles.

SENATOR KEVIN ELTIFE: Thank you, Senator Watson. All on the floor and in the gallery please rise for the invocation to be delivered by Reverend Dr. Mark Knuckles, St. Paul Lutheran Church of Austin.

PASTOR: In the name of the Father and of the Son and of the Holy Spirit, amen. The Lord lives and blessed be my rock and exalted be the God of my salvation, with the merciful, oh Lord, you yourself merciful; with the blameless man you show yourself blameless. For you save the humble people, but the haughty you bring down. Have mercy, oh Lord, upon these, your chosen servants in this Senate for they deliberate over many difficult decisions and, as such, they move the wisdom of your servant, Solomon. Therefore, grant unto them your wisdom and humility for the sake of their constituents and for all Texans. As men and women, bring these, your senators, the strength to be faithful and loving husbands and wives, endow them as nurturing fathers and mothers unto their children, protect and reserve them from despair with your loving mercy and with your limitless grace. For the sake of these servants and of us all, amen.

SENATOR KEVIN ELTIFE: Dr. Knuckles, we are honored to have you here with us today and we appreciate you being here. You may all be seated. Members, Senator Whitmire moves to dispense with the reading of yesterday's journal. Is there objection? The Chair hears no objection from any member. So ordered. Mr. Doorkeeper?

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

SENATOR KEVIN ELTIFE: Admit the messenger.

MESSENGER: Thank you, Mr. President. Mr. President, I'm directed by the House to inform the Senate that House has taken the following action, the house has passed the following measures: HB12 by Solomons, relating to the enforcement of state and federal laws governing immigration.

SENATOR KEVIN ELTIFE: Thank you Mr. Messenger. The Chair recognizes Senator Uresti to introduce the Doctor of the Day.

SENATOR CARLOS URESTI: Thank you, Mr. President and members. Good morning. It is my honor to introduce your Doctor of the Day. Dr. Horacio Ramirez is from San Antonio, where he currently serves as the clinical professor at the UT Health Science Center in San Antonio Department of Family and Community Medicine. He also served as a clinical assistant professor at the UT Medical Branch in Galveston. Dr. Ramirez and his wife have two adult children, Karina Nicole and Marco Christian. The recipient of numerous awards and commendations, Dr. Ramirez has been named San Antonio's top doctor six times since 2005, and Texas Monthly's Super Doctor three times. So, members, if you haven't needed to see a doctor this session, today is the day. Please help me welcome Dr. Horacio Ramirez.

SENATOR KEVIN ELTIFE: Thank you, Senator Uresti, and thank you, Dr. Ramirez, for being here today. The following message from the governor: Secretary, please read the message.

PATSY SPAW: To the Senate of the 82nd Legislature, Regular Session; I ask the advice, consent and confirmation of the Senate with respect to the following appointments: To be members of the governing board of the Texas School for the Deaf: Gene F. Andrews, Beaumont; Cheliah H. Cohen, Dripping Springs; Connie F. Suffolk Kennedy, Austin. To be members of the Texas Board of Professional Land Surveying: Mary Cruzchek, the Woodlands; Gerado M. (Gerry) Garcia, Corpus Christi; Paul P. Kwan, Houston. To be members of the Lavaca Navidad River Authority: Jerry L. Alderman, Palacia; David M. Mugg, Edna. To be members of the Texas Board of Architectural Examiners: Deborah A. Dockery, San Antonio; Paula A. Miller, The Woodlands; Sonia B. O'Dell, Dallas. To be a member of the Brazos River Authority: Henry W. Monson, Angleton. To be members of the Texas Farm and Ranchlands Conservation Counsel: Pamela McCaffe, Driftwood; G. Dave Scott, III, Richmond. To be members of the Board of Pilot Commissioners for Galveston County Courts: Linda R. Rounds, Galveston; Edward A. (Eddie) Janick, Galveston; James Earl Troop, Sr., League City. To be members of the State Securities Board: David A. Appleby, El Paso; G. Allen Waldrup, Austin. To be the Pacos River Compact Commissioner: Frederick (Rick) Ryelander, Iran. To be members of the Family and Protective Services Counsel: Patricia B. Coal, Fort Worth; Anna Maria Jiminez, Corpus Cristi; Benny W. Morris, Cleburn. Respectfully submitted, Rick Perry, Governor of Texas, to Nominations.

SENATOR KEVIN ELTIFE: The following report from the Nominations committee: The Chair recognizes Senator Deuell to explain the report.

SENATOR BOB DEUELL: Thank you, Mr. President. Members, I move to confirm the nominees that are listed on your committee action report placed on your desks. These nominees were taken up and recommended on our Monday, May 9th meeting.

SENATOR KEVIN ELTIFE: Are there any request to sever? Senator Deuell moves that the nominees be reported favorably from the nominations confirmed. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, no nays. The nominees are confirmed. Thank you, Senator Deuell. The Chair lays out the following resolution. Secretary, read the resolution.

PATSY SPAW: Senate Resolution 917. WHEREAS, The Senate of the State of Texas is pleased to recognize the Austin Symphony Orchestra on the grand occasion of its 100th anniversary; and WHEREAS, One of the leading professional performing arts organizations in Austin and Central Texas, the Austin Symphony Orchestra performed its first concert on April 25, 1911, at the Hancock Opera House; and WHEREAS, Through the years, numerous prominent citizens have played an important role in furthering the orchestraís success, including Mrs. James V. Allred, Mrs. D. J. Sibley, and Joe R. Long; Mayor Tom Miller officially recognized the organization by providing financial support through the Austin Parks and Recreation Department; and WHEREAS, The Austin Symphony Orchestra has been supported by numerous community organizations, including the Womenís Symphony League of Austin and the Knights of the Symphony; it has offered such popular programs as the Classical Series, Pops, Concerts, and the annual free Fourth of July concert and fireworks show; and WHEREAS, Today, the Austin Symphony Orchestra, under the exceptional leadership of music director and conductor Peter Bay, continues to fulfill its mission of enhancing the cultural quality of life of the people of Central Texas by providing excellent musical performances and educational programming; this exemplary organization is truly deserving of recognition for its many contributions to Austinís rich cultural legacy; now therefore, be it RESOLVED, That the Senate of the State of Texas, 82nd Legislature, hereby extend congratulations to the Austin Symphony Orchestra on its 100th anniversary and extend best wishes for a prosperous and rewarding future; by Watson.

SENATOR STEVE OGDEN: Chair recognizes Senator Watson on the resolution.

SENATOR KIRK WATSON: Thank you very much Mr. President and members, we're joined today by supporters of the Austin Symphony Orchestra. This is a one of the exemplary organizations in Austin and Travis County, and it is always deserving of recognition for the various contributions that it make our cultural legacy here in Austin. But it's a particularly important time to recognize them, because the Austin Symphony celebrated its 100th anniversary this spring, and so I'm honored to celebrate with them here in the Texas Senate. And I'd like to recognize a few people that are here in the gallery. We have with us today Peter Bay, he is the conductor and he leads -- he's a renowned music director and he leads the Austin Symphony as its conductor. And, Conductor, if you would stand up I'd greatly appreciate it. He's joined by -- Yeah, let's give him a round of applause. He's joined by several other people, Mr. Joe Long, a long-term advocate for our culture and arts in Austin. In fact you will recognize his name, as he and his wife, Theresa Long, are great benefactors of the University of Texas at Austin. Their name is the name on the Long Center for the Performing Arts here in Austin, Texas; and Mr. Long serves as the honorary chair of the Austin Symphony Centennial Celebration. And Pat Harris, who is also with us, serves as the chair of the centennial event. They're joined by the following members of the committee: Chuck Colter*, Nancy Young, Eva Gail Gibbs, Sonia Wilson, Anthony Carroa and Charlene Strawbridge. Members, please help me and join me in welcoming this wonderful group to the Senate and in honoring the Austin Symphony as it celebrates its 100th anniversary.

SENATOR STEVE OGDEN: Senator Watson moves adoption of Senate Resolution 917. Is there objection? Chair hears none, the adoption of the resolution is adopted. Chair recognizes Senator Lucio for an introduction.

SENATOR EDDIE LUCIO: Thank you Mr. President and members, at this time I would like for us to welcome a fine group of students from my district who are in Austin today learning about our historic Capitol and the legislative process. Will the parents and students from Harmony Science Academy in Brownsville please rise in the north gallery? Mr. President and members, please help me give a Texas sized hello to those outstanding young individuals and welcome them to their State Capitol.

SENATOR STEVE OGDEN: Howdy.

SENATOR EDDIE LUCIO: And here to join with me is representative Munoz and Representative J. M. Losano. Thank you.

SENATOR STEVE OGDEN: Members, please take your seats. We have a memorial resolution. The chair lays out the following resolution. Secretary will read the resolution.

PATSY SPAW: Senate Resolution 905, in memory of James E. Grayson who died on December the 3rd, 2010, at the age of 86. By Williams.

SENATOR STEVE OGDEN: Chair recognizes Senator Williams on the resolution.

SENATOR TOMMY WILLIAMS: Thank you Mr. President and members, the late James Grayson had an honorable distinction of being the longest tenured employee of the Texas Department of Transportation where he worked for fifty-six years and seven months. After serving in the United States Navy where he was a veteran of World War II, he began his career at TxDOT in 1946. Always a gentlemen, Mr. Grayson was respected and loved by many. He was a devoted husband and father and will be treasured forever by his family and friends. With us today in the gallery is long time friend, Steve Simmons, the deputy executive director of TxDOT. Steve, will you stand? And please join me in remembering the life of James E. Grayson.

SENATOR STEVE OGDEN: Would all those in favor of adoption of the Resolution 965 please rise? The resolution is adopted. All right, members, we have another memorial resolution. Members, we have a memorial resolution. Chair lays out the following resolution. Secretary will read the resolution.

PATSY SPAW: House Concurrent Resolution 155, in memory of Shirley Bird Perry who died on May 4th, 2011, at the age of 74, by Watson.

SENATOR STEVE OGDEN: Chair recognizes Senator Watson on the resolution.

SENATOR KIRK WATSON: Thank you very much Mr. President, members, we recently lost a real treasure for the State of Texas and that was Shirley Bird Perry. She was a 5th generation Texan born near Stocksdale in 1936, and she arrived at the University of Texas in Austin in 1954, where she began what was a lifelong love for and association with the University of Texas. She graduated with a degree in education in 1958 and received a Masters Degree in educational psychology from the University of Texas in 1967. She dedicated more than 40 years to the university of Texas system in UT, Austin, serving in various capacities; including chancellor for the UT System and senior vice president at the University of Texas at Austin. She was a life member of the Texas X's, she received the organization's Top Hand Award in 1984. The parent's association presented her its Award of Distinction in 1992. The Texas Union named a special student recognition award in her honor called the Shirley Bird Perry Leadership Award. In 2003 she was named a Woman of Power by the Austin Business Journal and in 2005 she received the Distinguished Alumnus Award from Texas Ex's. This year, 2011, President Bill Power who joins us here on the floor, awarded Ms. Perry with the university's highest honor, the Presidential Citation. And he and the other university Texas presidents for whom she had worked established what is known as the Shirley Bird Perry Endowment Fund for University History, in her honor. Ms. Perry passed away last week on May 4th, after a valiant battle with cancer. She's survived by her husband, Sam Perry, a fellow UT alummist, a long-time practicing lawyer and very involved member of our community here in Austin. She is -- We're also joined on the floor by two of her nieces, Cherie and Gina Franklin. She's survived obviously, by her husband, Mr. Perry. And Shirley Bird, as she was affectionately known by everybody who new her, and pretty much everybody that knew her loved her; was a true champion of higher education in our state. She was a first rate Texan, and she's going to be sorely missed by all of us. We're honored to memorialize her here today in the Texas Senate. And, Mr. President, I move adoption of HCR155.

SENATOR STEVE OGDEN: Chair recognizes Senator Shapiro.

SENATOR FLORENCE SHAPIRO: Thank you very much Mr. President and Senator Watson, thank you particularly for doing this and for doing it so quickly. I can't add much to what you just said because you said it so beautifully, but there are certain people in your life that you cross paths with that you have an indelible -- that leave have an indelible mark on your life, and Shirley Bird Perry was one of those women for me. When I was at the University of Texas I was in an organization called the Orange Jackets, and Shirley Bird was our sponsor. And I cannot tell you the respect and the love that people had for this woman. Who else would be calling someone Shirley Bird? You didn't call her Shirley, you didn't call her Ms. Perry, you called her Shirley Bird. And if you called her Shirley, you didn't really know her, because that's not what she went by; she went by Shirley Bird. Lovely, wonderful person, delightful person to know, smile on her face all the time and so bright and so effective with everything that she did. She will be sorely missed, but she will be maintained in all of us who have known her over all these years, not just because of her love of the university, but her love of life. She just gave life every single thing that it deserved, and we were fortunate that she became a part of our life, and I want to remember her the rest of my life. So Sam, her niece and grand-niece and to everyone at the University of Texas System that I know are devastated because Shirley Bird is no longer with us, her memory will live on forever. Thank you.

SENATOR STEVE OGDEN: Would all those in favor of the resolution please rise? The resolution is adopted. Members, if there's no objections I would like to postpone the reading and referral of bills until the end of today's session. Is there objection? Chair hears none. The reading and referral is postponed. That concludes the morning call. Senator Williams is recognized for a motion to suspend the regular order of business on House Bill 1251.

SENATOR TOMMY WILLIAMS: Thank you, Mr. President. I move to suspend the Senate's regular order of business to take up and consider House Bill 1251 by Representative Deshotel. This bill would change the length of term for commissioners of the Port Arthur Navigation District in Jefferson county. Currently, the commissioner serves four year staggered terms. This bill would change the term to six years, and bring the term of office in line with the other local ports. I move to suspend the Senate's regular order of business to take up and consider House Bill 1251.

SENATOR STEVE OGDEN: Is there objection? Hearing none, the rule is suspended. The Chair lays out on second reading House Bill 1251. The secretary will read the caption.

PATSY SPAW: House Bill 1251. Relating to the election of the members of the Board of Port Arthur Commissioners of the Port of Port Arthur Navigation District of Jefferson County.

SENATOR STEVE OGDEN: Senator Williams is recognized for a motion.

SENATOR TOMMY WILLIAMS: I move passage to third reading.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, the bill is passed to third reading. Senator Williams is recognized for a motion to suspend the constitutional three day rule.

SENATOR TOMMY WILLIAMS: So moved.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes and no nays, the constitutional three day rule is suspended. The Chair lays out on third reading and final passage, House Bill 1251. The secretary will read the caption.

PATSY SPAW: House Bill 1251. Relating to election of the members of the Board of Port Commissioners of the Port of Port Arthur Navigation District.

SENATOR STEVE OGDEN: Senator Williams is recognized for a motion.

SENATOR TOMMY WILLIAMS: I move final passage.

SENATOR STEVE OGDEN: The secretary will call the roll.

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

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

SENATOR STEVE OGDEN: Senator Hinojosa is recognized for a motion to suspend the regular order of business on committee substitute to Senate Bill 975.

SENATOR JUAN HINOJOSA: Thank you, Mr. President and members. I move to suspend the regular order of business to the take up and consider committee substitute to Senate Bill 975. Members, high school dropout is an issue that we all have wrestled with for many, many years and my bill tries to address that. Right now, this is a way to recover high school dropouts using a very successful model that we had in the -- school district that was put together by Dr. King, Superintendent. Just to give you an idea of how successful this model has been, when Dr. King became the superintendent of schools in the school district, their dropout rate was over 20 percent. Over a three year period, that dropout rate is reduced to about less than 5 percent, and they've had a capture of over 700 students to come back to high school. And Dr. King has already proven that this system works in trying to target dropout students. I want to tell you that one of the ways he did that was getting the community involved, getting the school teachers involved, getting the business community involved and actually dong a lot of leg work, foot work to try to identify those students who could be brought back to school. They even went house to house and knocked on doors, once they found out where those students were residing. This model gives the blue print for something that really works that we can implement initially, locally at the local jurisdiction, and then we'll plan to go statewide in the year 2013. The cost of dropout issues here in the State of Texas costs the state about 9.6 billion with each graduating class that doesn't actually graduate increase dropouts. What this bill does, it authorizes South Texas Community College to partner with the high school district in Hidalgo County with a dropout rate bigger than 50 percent, to operate a dropout recovery program on the campus starting September 1st, 2012. It allows students less than 26 years old to participate, who need three or fewer credits to graduate or have failed a school exit exam. What it does is it allows the community college to operate a dropout recovery program to receive and partner with a school district on a negotiated amount out of the foundation school program for participating student programs. What happens is that you have a student comes back to high school and not only takes high school courses but also takes dual credits to help that student learn about college. And this program is so successful that most of the students that get a high school degree end up going to junior college and/or Pan American University. And, with that, Mr. President and members, I would move suspension of the regular order of business.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading committee substitute to Senate Bill 975. The secretary will read the caption.

PATSY SPAW: Committee substitute to Senate Bill 975. Relating to operation of certain dropout recovery programs.

SENATOR STEVE OGDEN: Senator Hinojosa's recognized for a motion.

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

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

SENATOR JUAN HINOJOSA: I so move, Mr. President.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: Thirty-one ayes and no nays, the constitutional rule is suspended. The chair lays out on third reading and final passage committee substitute to Senate Bill 975. The secretary will read the caption.

PATSY SPAW: Committee substitute to Senate Bill 975. Relating to the operation of certain dropout recovery programs.

SENATOR STEVE OGDEN: Senator Hinojosa's recognized for a motion.

SENATOR JUAN HINOJOSA: Mr. President and members, before I make my motion I want to thank Senator Shapiro and her staff in helping me craft this piece of legislation, taking her advice and experience dealing with our high school public school system and bringing the note down to zero. So, Mr. President, I move final passage of the committee substitute to Senate Bill 975.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: Thirty-one ayes and no nays, the bill is finally passed. Thank you, Senator. Senator Harris is recognized for a motion to suspend the regular order of business on committee substitute to Senate Bill 1360.

SENATOR CHRIS HARRIS: Thank you, Mr. President. I move to suspend the regular order of business to take up and consider Senate Bill 1360 at this time. This bill encourages future education for the treatment of tick borne diseases for doctors and nurses. Move suspension.

SENATOR STEVE OGDEN: Senator Harris moves suspension of the regular order of business to take up and consider committee substitute to Senate Bill 1360. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading committee substitute to Senate Bill 1360. The secretary will read the caption.

PATSY SPAW: Committee substitute to Senate Bill 1360, relating to continuing education for physicians and nurses regarding the treatment of tick borne diseases.

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

PATSY SPAW: Floor amendment No. 1 by Harris.

SENATOR STEVE OGDEN: Chair recognizes Senator Harris to explain his amendment.

SENATOR CHRIS HARRIS: Members, this amendment simply helps clear up the differences between how it be taught between nurses and doctors. Move adoption of the amendment.

SENATOR STEVE OGDEN: Is there objection to adoption of Floor Amendment 1? Chair hears none, Floor Amendment No. 1 is adopted. Senator Harris, you're recognized for a motion.

SENATOR CHRIS HARRIS: Move passage to engrossment.

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

SENATOR CHRIS HARRIS: So moved.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: Being 31 ayes and no nays, the constitutional three day rule is suspended. The Chair lays out on third reading and final passage committee substitute to Senate Bill 1360. The secretary will read the caption.

PATSY SPAW: Committee substitute to Senate Bill 1360, relating to continuing education for physicians and nurses regarding the treatment for tick borne diseases.

SENATOR STEVE OGDEN: Senator Harris is recognized for a motion.

SENATOR CHRIS HARRIS: Move final passage.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: Thirty-one ayes and no nays, the bill is finally passed. Thank you, Senator. Chair recognizes Senator Fraser for a motion to suspend the regular order of business on Senate Bill 995.

SENATOR TROY FRASER: Mr. President and members, I would now move to suspend the regular order of business to take up and consider Senate Bill 995. This bill would allow a distiller to sell a single souvenir bottle of brands to each distillery visitor. It provides that the souvenir bottles will be sold in container sizes that meet TABC rules and that are labeled, stamped and otherwise designated differently than the containers the distillers sell to the wholesalers. It is important to note that during the TABC rule-making process, all stake holders will have a chance to comment on the containers. Mr. President, I would now move to suspend the regular order of business.

SENATOR STEVE OGDEN: Is there objection? The Chair hears none, the rule is suspended. The Chair lays out on second reading Senate Bill 995. The secretary will read the caption.

PATSY SPAW: Senate Bill 995. Relating to sale of souvenir bottles of distilled spirits.

SENATOR STEVE OGDEN: Senator --

SENATOR TROY FRASER: Mr. President I would now move passage -- I would now move passage of Senate Bill 995 to engrossment.

SENATOR STEVE OGDEN: Is there objection? The Chair hears none, the bill is passed to engrossment. Senator Fraser is recognized for a motion to suspend the constitutional three day rule.

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

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: Thirty-one ayes and no nays, the constitutional rule is suspended. The Chair lays out on third reading and final passage Senate Bill 995. The secretary will read the caption.

PATSY SPAW: Senate Bill 995. Relating to the sale of souvenir bottles of distilled spirits.

SENATOR STEVE OGDEN: Senator Fraser is now recognized for a motion.

SENATOR TROY FRASER: Members, I would now move final passage of Senate Bill 995.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: There being thirty-one ayes and no nays, the bill is finally passed. Thank you, Senator. Senator Seliger is recognized for a motion to suspend the regular order of business on House Bill 564.

SENATOR KEL SELIGER: Thank you, Mr. President. I move to suspend the regular order of business to take up and consider the committee substitute to House Bill 564 at this time, relating to maintenance of portable fire extinguishers. The manufacture suggesting and requirement of warranty, very often, is that once a year fire extinguishers be maintained. State law mandates the maintenance of fire extinguishers in school buses, boats and airplanes; and other vehicles are exempt. This bill requires local governments who opt to place a portable fire extinguisher in a local government owned vehicle to see that the extinguisher undergoes an annual maintenance. There's a very good and poignant reason that this bill is named the Ariel Corely Bill, originating in Midland County. It's a story for another time. I move suspension.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading House Bill 564. The secretary will read the caption.

PATSY SPAW: House Bill 564. Relating to maintenance of portable fire extinguishers and certain government owned vehicles.

SENATOR STEVE OGDEN: Senator Seliger is recognized for a motion.

SENATOR KEL SELIGER: Mr. President, I move passage to third reading of the committee substitute to House Bill 564.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, the bill's passed to third reading. Senator Seliger is recognized for a motion to suspend the constitutional three day rule.

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

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: There being 31 ayes and no nays, the constitutional three day rule is suspended. The Chair lays out on third reading and final passage House Bill 564. The secretary will read the caption.

PATSY SPAW: House Bill 564. Relating to maintenance of portable fire extinguishers in certain government owned vehicles.

SENATOR STEVE OGDEN: Senator Seliger is recognized for a motion.

SENATOR KEL SELIGER: Mr. President, I move final passage of committee substitute to House Bill 564.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: There being thirty-one ayes and no nays, the bill is finally passed.

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

SENATOR STEVE OGDEN: Senator Van de Putte is recognized for an introduction.

SENATOR LETICIA VAN DE PUTTE: Thank you Mr. President. Mr. President and members, we're always so pleased when we have our Texas students come visit their Capitol. And today in the south gallery we have students here from San Antonio Independent School District. First, we have some of our 4th grade students here from Beacon Hill Elementary and, as you can tell, the students are standing. And we also have students from Bonham Academy here. These are exceptional 7th grade students that participate in a workplace mentoring program each month through Big Brothers and Big Sisters, and our Mayor, Juliana Castro, is mentoring matters. And they have adult role models that offer career exploration advice. Members, we are so thankful to have our students here and we want to recognize -- I know I've got Roland, Jacob, Ben, Oscar and Israel also from the Bonham Academy. Thank you, and welcome to your Texas Capitol.

SENATOR STEVE OGDEN: Senator Lucio is recognized for a motion to suspend the regular order of business on Senate Bill 1610.

SENATOR EDDIE LUCIO: Thank you Mr. President and members, I'd like to at this time move to suspend the Senate's regular order of business to take up and consider Senate Bill 1610. Members, Mr. President, Senate Bill 1610 would clarify and simplify the reimbursement provisions of the school bus seatbelt bill, House Bill 323, of the 80th Legislature; by returning it to the original language that passed the Senate unanimously in 2007. It would return it to the original intent of the House author Representative Hamilton, and the Senate authors myself and Senator Tommy Williams. It does not change in anyway the state's responsibility for this program. Again, it is simply returns to the original language that the Senate unanimously approved in 2007. Move suspension.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading Senate Bill 1610. The secretary will read the caption.

PATSY SPAW: Senate Bill 1610. Relating to seatbelt requirements for certain vehicles.

SENATOR STEVE OGDEN: Senator Lucio is recognized for a motion.

SENATOR EDDIE LUCIO: I'd like to move to engrossment at this time.

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

SENATOR EDDIE LUCIO: So moved, Mr. President.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: There being 31 ayes and no nays, the rule is suspended. The Chair lays out on third reading and final passage Senate Bill 1610. The secretary will read the caption.

PATSY SPAW: Senate Bill 1610. Relating to seatbelt requirements for certain vehicles.

SENATOR STEVE OGDEN: Senator Lucio is recognized for a motion.

SENATOR EDDIE LUCIO: Mr. President and members, I'd like to move final passage for Senate Bill 1610.

SENATOR STEVE OGDEN: The secretary will call the roll.

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

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

SENATOR STEVE OGDEN: Senator Nichols is recognized for a motion to suspend the regular order of business on committee substitute to House Bill 1112.

SENATOR ROBERT NICHOLS: Thank you, Mr. President. I move to suspend the Senate's regular order of business to take up and consider the committee substitute to Senate Bill 1112. Current law, members this is a cleanup bill for the ORMAs we voted out on this last session. Current law provides for creation and operation of current regional mobility authority RMAs and authorizes RMA to study, evaluate, design and construct SOA transportation projects. Powers and duties of the RMA are set forth in the regional mobility, Chapter 370 of the transportation code and other provisions of the transportation code. House Bill -- committee substitute for House Bill 1112 amends several sections of Chapter 360 to clarify current power of RMAs. It clarifies that the ability of an RMA in various agreements to clarify those revenues correction project related financing. The Attorney General had some concerns that an RMA could not legally use toll revenues to pay off bonds. This clarifies that they can use toll revenues to, but you have toll bonds. It authorizes RMAs' employees to participate in state travel programs, specifies that an RMA shall provide toll (inaudible) related services for any toll project within its jurisdiction, unless agreed to. It's the same as the NTTA and the HECTRA. It gives the RMA the ability to add a new member to the board of directors of the new -- Currently, if a new county joins the RMA and it states that the El Paso RMA board may be composed of a member of the El Paso City Counsel. This was added later. Mr. President and members, this legislation is similar to the bill. As I said, it was unanimously voted out last session. With that, I move suspension of the Senate's regular order of business.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading committee substitute to House Bill 1112. The secretary will read the caption.

PATSY SPAW: Committee substitute to Senate Bill 1112. Relating to the authority and powers of regional mobility authorities.

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

PATSY SPAW: Floor amendment No. 1 by Rodriguez.

SENATOR STEVE OGDEN: Senator Rodriguez, you're recognized to explain your amendment.

SENATOR JOSE RODRIGUEZ: Mr. President and members, my amendment would remove Section 13 of the bill. As Senator Nichols explained, that section applies to El Paso only, and it would allow -- it's permissive, it would allow the counsel members of the City of El Paso to serve as board members of the local RMA. I think there's some potential legal issues with that. I'm concerned about it. And I move adoption of the amendment.

SENATOR STEVE OGDEN: Senator Nichols?

SENATOR ROBERT NICHOLS: Members, the amendment, it's basically a local issue to El Paso. In my opinion, it needs to be resolved in the El Paso delegation. So, as far as I am concerned, the amendment is acceptable to the author.

SENATOR STEVE OGDEN: Senator Rodriguez moves adoption of Amendment No. 1. Is there objection? Chair hears none, the amendment's adopted.

SENATOR JOSE RODRIGUEZ: Thank you, Mr. President.

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

SENATOR ROBERT NICHOLS: I move passage of House Bill 1112 to engrossment.

SENATOR STEVE OGDEN: Senator Nichols moves passage of committee substitute to House Bill 1112 to third reading. Is there objection? Chair hears none, bill is passed to third reading. Senator Nichols is recognized for a motion to suspend the constitutional three day rule.

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

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: There being 30 ayes and one nay, the rule is suspended. The Chair lays out on third reading and final passage committee substitute to House Bill 1112. The secretary will read the caption.

PATSY SPAW: Committee substitute to House Bill 1112. Relating to the authority and powers of regional mobility authorities.

SENATOR STEVE OGDEN: Senator Nichols is recognized for a motion.

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

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: There being 30 ayes and 1 nay, the bill is finally passed.

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

SENATOR STEVE OGDEN: Senator Wentworth is recognized for a motion to suspend the regular order of business on committee substitute to Senate Bill 1829.

SENATOR JEFF WENTWORTH: Thank you, Mr. President. I move to suspend the regular order of business in order to take up and consider the committee substitute for Senate Bill 1829 relating to the definition of a governmental body for the purposes of the public information law. At the present time, a question exists whether certain internal information of chambers of commerce and nonprofit corporations that provide economic development services to government entities must be disclosed under the public information act. The committee substitute for Senate Bill 1829 adds a new section, 552.0038, to the public information act to specify the public information disclosures that are required by the Chamber of Commerce and nonprofit corporations that provide economic development services to a governmental body. The required disclosures include information relating to public funds paid to, or for the benefit of public employees or public officials. And the language of the committee substitute was agreed to by stake holders for both the chambers of commerce and media interest. Mr. President, I move to suspend the regular order of business in order to take up this bill.

SENATOR STEVE OGDEN: Senator Gallegos, you're recognized.

SENATOR MARIO GALLEGOS: Will the gentlemen yield for a question?

SENATOR JEFF WENTWORTH: Happy to yield.

SENATOR MARIO GALLEGOS: When you say, Senator Wentworth, nonprofit corporation; do you know what provide economic services to? Is that just that area?

SENATOR JEFF WENTWORTH: Yes, sir. Particularly, we're talking about economic development corporations.

SENATOR MARIO GALLEGOS: Okay. So other nonprofits won't be, just those economic --

SENATOR JEFF WENTWORTH: Typically, in Texas chambers of commerce and economic development corporations that are nonprofits are the ones that provide economic development services for governments.

SENATOR MARIO GALLEGOS: Okay. Thank you.

SENATOR JEFF WENTWORTH: Yes, sir.

SENATOR STEVE OGDEN: Senator Jackson?

SENATOR MIKE JACKSON: Will the gentlemen yield?

SENATOR JEFF WENTWORTH: I'm happy to yield.

SENATOR MIKE JACKSON: This bill has nothing to do with smoking, Senator? Thank you. That's a good point. I just want some clarification as to what we are, what the ultimate goal is with your legislation. If you are a chamber of commerce or you are an economic development corporation that provides services to a governmental body, would that be a city, a county, any of those things that --

SENATOR JEFF WENTWORTH: Yes, sir. Let me give you --

SENATOR MIKE JACKSON: As opposed to how would you differentiate or what would be different if you were doing private corporation, economic development versus what with a governmental body?

SENATOR JEFF WENTWORTH: Let me give you an example: Let's say the City of Houston wants to recruit a corporation from some other state and they want to engage the Houston Partnership to help them in that process, and the City of Houston gives the Houston Partnership $50,000 let's say, for that project. We simply want to find out under the act of public information about where the public money's going, without compromising, for instance, the identity of the corporation they're trying to recruit. There's certain private information that would be not advantageous to that corporation, or to the City of Houston for that matter, who's trying to recruit them, if that information were divulged. And, as I say, we had a fairly spirited debate in committee about this, between principally the Houston Partnership and people like the Freedom of Information Foundation. And this is the language they both agreed to.

SENATOR MIKE JACKSON: Okay. And where would this information be filed, or who would it be filed with, the amount of money that's being spent?

SENATOR JEFF WENTWORTH: The City of Houston. In the example I gave you?

SENATOR MIKE JACKSON: Yeah, in the example you gave me.

SENATOR JEFF WENTWORTH: The City of Houston. But then you could find out from either the Houston Partnership, or whatever economic development group that you gave the money to, exactly where it went.

SENATOR MIKE JACKSON: And the purpose of that is for more open government?

SENATOR JEFF WENTWORTH: More open government, to find out where our tax dollars are going.

SENATOR MIKE JACKSON: Okay. And if we have an economic development corporation that's set up specifically, it is not a governmental entity but it's set up specifically for private industry development, and they raise funds from other, I guess, private facilities, will this apply to them as well?

SENATOR JEFF WENTWORTH: No, sir. It wouldn't apply to them. We're only talking about public, we're only trying to follow tax dollars. If, in the example you just gave me as I understand it, it's a totally private economic development foundation with only private dollars, this would not apply to them at all.

SENATOR MIKE JACKSON: Okay. I guess the focus of your bill, as you sited, with the city, is for the city to provide that information to someone who may request that information from the city?

SENATOR JEFF WENTWORTH: Correct.

SENATOR MIKE JACKSON: It's not posted anywhere else with a different agency, or anything like that?

SENATOR JEFF WENTWORTH: It would be -- If this law -- If this bill passes and the governor signs it into the law, the information about public money that's being given for instance, in that example, would be tracking where the money is by a request, by any citizen simply asking for it.

SENATOR MIKE JACKSON: Asking the city?

SENATOR JEFF WENTWORTH: Yes, sir.

SENATOR MIKE JACKSON: And then the city would have to just submit that they gave money to the partnership, is that correct?

SENATOR JEFF WENTWORTH: Yes. And if you want to know exactly where the money went, you ask the Houston Partnership. And the Houston Partnership would be required, under this bill, to tell you how much money went for airfare, hotels, taxi fares, mails; while they're trying to recruit business to the City of Houston.

SENATOR MIKE JACKSON: Okay. With that -- Do you have any testimony against that for the gathering, the cost of gathering and assembling and putting out all that information? The accounting for it?

SENATOR JEFF WENTWORTH: No, sir. Let's say we had a spirited debate over two or three weeks, and this language is now agreed to; we had no one opposed to this bill when it finally came out of committee.

SENATOR MIKE JACKSON: Okay. Thank you.

SENATOR JEFF WENTWORTH: Thank you.

SENATOR STEVE OGDEN: Senator Ellis?

SENATOR RODNEY ELLIS: Just to ask a couple of questions.

SENATOR STEVE OGDEN: You're recognized.

SENATOR RODNEY ELLIS: Senator, I think you covered it, but I know the great Partnership of Houston did sign off on this bill in support of it, right?

SENATOR JEFF WENTWORTH: Correct.

SENATOR RODNEY ELLIS: Do you know if the other chambers, since it is statewide, are the other chambers in support, or did they not have a position?

SENATOR JEFF WENTWORTH: No one came to the committee and expressed opposition. As my understanding, this was supported statewide.

SENATOR RODNEY ELLIS: And it came out of committee unanimous?

SENATOR JEFF WENTWORTH: Yes, sir.

SENATOR RODNEY ELLIS: Okay. Thank you.

SENATOR STEVE OGDEN: : Senator Wentworth --

SENATOR JEFF WENTWORTH: Mr. President, I reurge my motion to suspend the --

SENATOR STEVE OGDEN: Senator Wentworth moves suspension of the regular order of business. Is there objection? The Chair hears none, the rule is suspended. The Chair lays out on second reading committee substitute to Senate Bill 1829. The secretary will read the caption.

PATSY SPAW: Committee substitute to Senate Bill 1829. Relating to application of public information law to chambers of commerce.

SENATOR STEVE OGDEN: Senator Wentworth is recognized for a motion.

SENATOR JEFF WENTWORTH: Mr. President, I move passage to engrossment of committee substitute to Senate Bill 1829.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: There being 29 ayes and 1 nay, the bill is passed to engrossment. Senator Wentworth is recognized for a motion to suspend the constitutional three day rule.

SENATOR JEFF WENTWORTH: Mr. President, I move to suspend the constitutional requirement that requires that bills be read on three separate days.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: There being 29 ayes and 1 nay, the rule is suspended. Chair lays out on third reading and final passage committee substitute to Senate Bill 1829. The secretary will read the caption.

PATSY SPAW: Committee substitute to Senate Bill 1829. Relating to the application of public information law to chambers of commerce and nonprofit corporations.

SENATOR STEVE OGDEN: Senator Wentworth is recognized for a motion.

SENATOR JEFF WENTWORTH: Mr. President, I move final massage of the committee substitute for Senate Bill 1829.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: : There being 29 ayes and 1 nay -- nay -- 29 ayes and 1 nay, the bill is finally passed.

SENATOR JEFF WENTWORTH: Thank you, Mr. President and members.

SENATOR STEVE OGDEN: Senator Zaffirini is recognized for a motion to suspend the regular order of business on House Bill 994.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. Mr. President and members, I move to suspend the Senate's regular order of business in order to take up and consider House Bill 994 by Representative Joachim Castro. Members, this is a local bill that impacts only Bexar County. It relates to proceedings and powers of a criminal law magistrate in Bexar County. The bill would allow criminal law magistrates of Bexar County, all of whom are required by law to be attorneys, to accept negotiated and pleas of not guilty for a felony offense. Mr. President, I move suspension.

SENATOR STEVE OGDEN: Senator Zaffirini moves suspension of the Senate's regular order of business. Is there objection? Chair hears none, rule is suspended. Chair lays out on second reading House Bill 994. The secretary will read the caption.

PATSY SPAW: House Bill 994. Relating to proceedings that may be referred to and the powers of a criminal law magistrate in Bexar County.

SENATOR STEVE OGDEN: Senator Zaffirini is recognized for a motion.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. I move final third reading.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, bill is passed to third reading. Senator Zaffirini is recognized for a motion to suspend the constitutional three day rule.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. I move to suspend the constitutional rule that all bills be heard on three separate days.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: Being 30 ayes and 1 nay, the constitutional three day rule is suspended. The Chair lays out on third reading and final passage House Bill 994. The secretary will read the caption.

PATSY SPAW: House Bill 994. Relating to proceedings that may be referred to and the powers of a criminal law magistrate in Bexar County.

SENATOR STEVE OGDEN: Senator Zaffirini is recognized for a motion.

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

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: There being 30 ayes and 1 nay, the bill is finally passed. Thank you.

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

SENATOR STEVE OGDEN: Senator Duncan. Senator Uresti is recognized for a motion to suspend the regular order of business on committee substitute to Senate Bill 1493.

SENATOR CARLOS URESTI: Thank you, Mr. President. Members, the committee substitute for Senate Bill 1493 is relating to the directors of a defense based management authority and to a study on the effectiveness of the authority. The legislature, in 2001, enacted a law that allowed cities losing military bases to create authorities to regulate zoning to foster economic development. There have been numerous complaints in southern Bexar County that the board of authority created under this law is not in touch with the wishes of those being regulated, and that the purpose of the authority is not being achieved. This bill would fix that by changing the qualifications of the board members to place more land owners and residents that live in the district on the board. A substitute adopted by the committee would reduce the size of the board from 15 to 11 members. With that, Mr. President, I move to suspend the regular order of business to take up and consider committee substitute to Senate Bill 1493.

SENATOR STEVE OGDEN: Senator Uresti moves suspension of the regular order of business. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading committee substitute to Senate Bill 1493. The secretary will read the caption.

PATSY SPAW: Committee substitute to Senate Bill 143. Relating to the directors of a defense base management authority and to a study on the effectiveness of the authority.

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

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

SENATOR STEVE OGDEN: Is there objection? The Chair hears none, the bill is passed to engrossment. Senator Uresti, you're recognized for a motion to suspend the constitutional three day rule.

SENATOR CARLOS URESTI: So moved, Mr. President.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: There being 31 ayes and 0 nays, the constitutional three day rule is suspended. The Chair lays out on third reading and final passage committee substitute to Senate Bill 1493. The secretary will read the caption.

PATSY SPAW: Committee substitute to Senate Bill 1493. Relating to the directors of a defense because management authority and to a study on the effectiveness of the authority.

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

SENATOR CARLOS URESTI: Mr. President, I move final passage.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: There being 31 ayes and 0 nays, the bill is finally passed.

SENATOR CARLOS URESTI: Thank you.

SENATOR STEVE OGDEN: Senator Wentworth? Senator Wentworth is recognized for a motion to suspend the regular order of business on committee substitute to Senate Bill 1611.

SENATOR JEFF WENTWORTH: Thank you, Mr. President. I move to suspend the regular order of business to take up and consider the committee substitute for Senate Bill 1611. This bill makes several amendments to Chapter 173 of the transportation code, which provides for the creation of an interim municipal community rail district. In support the frame district necessary to create finance and operate passenger rail service between two or more municipalities. This bill affects only the Lone Star Rail District located in the Austin, San Antonio quarter. The bill amends current law to add a definition for commuter rail service to fit the definition currently being used at the federal law to ensure that the term include both definitions for between municipalities as well as within municipalities. This bill also permits the district to enter into one district with several governmental entities for the financing of transportation infrastructure instead of several different entities. The bill would also allow for transportation infrastructure zones to consist of contiguous and noncontiguous areas located within multiple cities or counties, but requires that the geographic area eligible be included within such must include a commuter rail facility or the site of a proposed commuter rail facility. Finally, the bill provides for the establishment of a tax increment fund, as well as the issuance of tax increment bonds or notes secured by revenue in the local government's tax increment fund. Mr. President, I move suspension of the regular order of business in order to take up committee substitute for Senate Bill 1611.

SENATOR STEVE OGDEN: Senator Patrick?

SENATOR DAN PATRICK: I'm sorry, Senator, I just came out in the middle of your discussion, I had some questions of you. I understand that this is bracketed only for Bexar County?

SENATOR JEFF WENTWORTH: It's bracketed only for the inter-rail district that runs between Georgetown and Williamson County and south Bexar County at the southern end.

SENATOR DAN PATRICK: Okay. So it's not --

SENATOR JEFF WENTWORTH: It's just the Lone Star Rail District.

SENATOR DAN PATRICK: So this would not have any impact on the rest of the state?

SENATOR JEFF WENTWORTH: No, sir. The language specifically says that this is applicable only to those districts published before January 1, 2005, which limits the scope of the bill only to the Lone Star Rail District in the Austin, San Antonio quarter. No affect on any other district.

SENATOR DAN PATRICK: Okay. Thank you.

SENATOR JEFF WENTWORTH: Yes, sir. Mr. President, I urge suspension of the rules in order to take up this bill.

SENATOR STEVE OGDEN: Senator Wentworth moves to suspend the Senate's regular order of business. Is there objection? The Chair hears none, the rules are suspended. The Chair lays out on second reading committee substitute to Senate Bill 1611. The secretary will read the caption.

PATSY SPAW: Committee substitute to Senate Bill 1611. Relating to the funding of projects in the boundaries of certain inter-municipal commuter rail districts.

SENATOR STEVE OGDEN: Senator Wentworth is recognized for a motion.

SENATOR JEFF WENTWORTH: Mr. President, I move passage to engrossment of committee substitute for Senate Bill 1611.

SENATOR STEVE OGDEN: Is there objection? Chair hears none. Bill is passed to engrossment. Senator Wentworth, you're recognized to suspend the constitutional three day rule.

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

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: There being 31 ayes and 0 nays, the constitutional rule is suspended. The Chair lays out on third reading and final passage committee substitute to Senate Bill 1611. The secretary will read the caption.

PATSY SPAW: Committee substitute to Senate Bill 1611. Relating to the funding of projects and the boundaries of certain inter-municipal rail districts.

SENATOR STEVE OGDEN: Senator Wentworth is recognized for a motion.

SENATOR JEFF WENTWORTH: Mr. President, I move final passage of committee substitute for Senate Bill 1611.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: There being 31 ayes and 0 nays, the bill is finally passed.

SENATOR JEFF WENTWORTH: Thank you, Mr. President and members.

SENATOR STEVE OGDEN: Senator West is recognized for a motion to suspend the regular order of business on committee substitute to Senate Bill 197.

SENATOR ROYCE WEST: Thank you very much, Mr. President. At this time I move to suspend the Senate's regular order of business to take up and consider committee substitute to Senate Bill 197. Automobile emissions enforcement efforts is a big issue in the state of Texas. As an example, efforts in north central Texas has uncovered evidence of rampant fraud in state inspections in the region. Based on the data collected in the North Texas Counsel of Government, the Texas Commission on Environmental Quality Analysis estimates that 20 percent of all light duty cars and trucks in the region display improper, fraudulent, counterfeit or fictitious inspection certificates. Senate Bill -- Committee substitute to Senate Bill 17 strengths accountability and oversight of the vehicle inspection stations and vehicle inspectors. I move suspension of the regular order of business.

SENATOR STEVE OGDEN: : Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading committee substitute to Senate Bill 197. The secretary will read the caption.

PATSY SPAW: Committee substitute to Senate Bill 197. Relating to the compulsory inspection of motor vehicles.

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

SENATOR ROYCE WEST: Move passage to engrossment.

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

SENATOR ROYCE WEST: So moved.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: There being 29 ayes and 2 nays, the constitutional three day rule is suspended. The Chair lays out on third reading and final passage committee substitute to Senate Bill 197. The secretary will read the caption.

PATSY SPAW: Committee substitute to Senate Bill 197. Relating to the compulsory inspection of motor vehicles.

SENATOR STEVE OGDEN: Senator West is recognized for a motion.

SENATOR ROYCE WEST: Move final passage of committee substitute to Senate Bill 197.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: There being 29 ayes and 2 nays, the bill is finally passed.

SENATOR ROYCE WEST: Thank you, Mr. President.

SENATOR STEVE OGDEN: Senator Fraser is recognized for a motion to suspend the regular order of business on committee substitute to House Bill 716.

SENATOR TROY FRASER: Mr. President, I would now move to suspend the regular order of business to take up and consider committee substitute to House Bill 716 at this time. House Bill 716 works to help land owners alleviate the feral hog and coyote problem, and also reduce their costs associated with them, hunting them, by directing Texas Parks and Wildlife to adopt rules governing the hunting of feral hogs or coyotes from helicopters for hunting. I would now move to suspend the regular order of business.

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

SENATOR ROYCE WEST: Question of the author.

SENATOR STEVE OGDEN: You're recognized for a question of the author.

SENATOR ROYCE WEST: Senator, I recognize this is a very important bill in the State of Texas. Let's talk about, what is the problem that we're trying, what is the public policy that we're trying to address?

SENATOR TROY FRASER: The problem is 2 million feral hogs loose in Texas. It used to be just a problem in urban areas and massive rural areas, now, it's starting to be a problem in rural areas. We're having cases just north of here in urban areas, we're having these hogs come in and tear up backyards and endanger the lives of children.

SENATOR ROYCE WEST: Okay. And this also deals with coyotes, too, right?

SENATOR TROY FRASER: Yes.

SENATOR ROYCE WEST: What's the issue with coyotes?

SENATOR TROY FRASER: Same deal.

SENATOR ROYCE WEST: We have 2,000 of those also?

SENATOR TROY FRASER: No, 2 million feral hogs. I don't have the number and I'm not advised of it. I'll ask the Secretary of State.

SENATOR ROYCE WEST: Now, what does this bill do? Tell us what the bill does.

SENATOR TROY FRASER: Senator, right now it is legal in Texas to hunt feral hogs from helicopters, they're doing it today. The problem is the cost associated with it for a land owner is prohibitive, and this is going to give a mechanism to try to help with some of the cost of huntings those hogs.

SENATOR ROYCE WEST: Are we giving a tax break?

SENATOR TROY FRASER: Nope. No tax break.

SENATOR ROYCE WEST: No tax incentive? Any type of tax incentives?

SENATOR TROY FRASER: Nope.

SENATOR ROYCE WEST: Are we using the Rainy Day Fund?

SENATOR TROY FRASER: No Rainy Day Fund.

SENATOR ROYCE WEST: Now, does it require any type of identification?

SENATOR TROY FRASER: No. Actually, we probably -- I would accept a friendly amendment. If you want to put a photo ID in it, that's fine.

SENATOR ROYCE WEST: Any type of -- No, I won't go with any type of -- So this bill is particularly to make certain we rid the great State of Texas of feral hogs?

SENATOR TROY FRASER: We don't want all the people of South Dallas there as the hogs start coming up and rooting up their backyard. We're trying to rid the Texas area of as many of these feral hogs, because it's becoming a real problem.

SENATOR ROYCE WEST: So after we shoot them -- Senator Jackson wanted to know whether you have to bury them after you shoot them.

SENATOR TROY FRASER: That responsibility is of the land owner, because they're the ones contracting.

SENATOR ROYCE WEST: All right. Thank you, Senator.

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

SENATOR EDDIE LUCIO: Does the gentlemen yield for a question?

SENATOR TROY FRASER: Yes.

SENATOR STEVE OGDEN: He yields.

SENATOR EDDIE LUCIO: You know, I'm a hunter. And I realize that when we go hunting, you know, I can see where hogs have been in a ranch. And some of the destruction that they're involved with when you -- How many hogs did you say?

SENATOR TROY FRASER: 2 million now in Texas.

SENATOR EDDIE LUCIO: 2 million? And whose district is that?

SENATOR TROY FRASER: Do what?

SENATOR EDDIE LUCIO: Whose district is that located in, or is that all over Texas?

SENATOR TROY FRASER: I think that's all over Texas. I'd be amazed -- If you ask in your area I would suspect you got a massive problem in your district.

SENATOR EDDIE LUCIO: Well, when landowners have a problem, why not open it up for hunting season?

SENATOR TROY FRASER: Senator, it is now -- Currently, there's hunting on the ground, there's --

SENATOR EDDIE LUCIO: You're right. I mean -- I mean you can hunt for hogs all year long, correct?

SENATOR TROY FRASER: I'm sorry?

SENATOR EDDIE LUCIO: All year long you can hunt for hogs?

SENATOR TROY FRASER: And I believe the law in Texas, if it's on your own property, it's legal to shoot hogs on your property, yes, at any time.

SENATOR EDDIE LUCIO: That's right. So are you trying to market this where there can be hunts take place on your property, you sell the rights of your land? How exactly is this going to work?

SENATOR TROY FRASER: Well, you've actually described it pretty close. If someone right now is having a feral problem, they are trying to absorb the entire cost. If you're going to have a helicopter come in and you're going to try to rid your land of the feral hogs, you would have to pay for it yourself. This would give the ability to share some of that cost by having a hunt. So it's trying to build a revenue stream to try and help some of these landowners.

SENATOR EDDIE LUCIO: Well, it appears to me that you're taking the sport out if what I know as hunting, and you're just coming in there and just shooting them at random. Are these hogs being picked up or being processed? Are they going to be donated for food, are they going to be left there to rot?

SENATOR TROY FRASER: The purpose of this is trying to help the landowners get rid of some of these hogs, is that -- I don't know that you -- We're not trying to do this as creating a sport. This is to get rid of feral hogs. We have too many. They're endangering the lives of people and destroying property. It's a huge problem. You may remember, probably two sessions ago, we had a problem as -- actually, was in my district, in Temple, where some hogs came up endangered the lives of some children. And. Under current state law, they didn't have the right to kill them. So we changed that. But the hog problem has continued to get -- It's a bigger problem.

SENATOR EDDIE LUCIO: Well, I can appreciate, you know, what you're trying to do, to help the landowner. But, obviously, you know, it appears that you're going to go in there and create a new type of sport in shooting hogs from a helicopter. We really don't know where this is going to take us. So, good luck with your endeavor, I just don't support it. Thank you.

SENATOR DAVID DEWHURST: Members, Senator Fraser moves to suspend the Senate's regular order of business on committee substitute to House Bill 716. Is there objection from any member? Chair hears no objection from any member and the rule is suspended. The Chair lays out on second reading committee substitute to Senate Bill 716. The secretary will read the caption.

PATSY SPAW: Committee substitute to House Bill 716. Relating to the taking of feral hogs and coyotes.

SENATOR DAVID DEWHURST: The Chair recognizes Senator Fraser for a motion.

SENATOR TROY FRASER: I would move passage of committee substitute to House Bill 716 to third reading.

SENATOR DAVID DEWHURST: Thank you, Senator. Members, you heard the motion by Senator Fraser. Is there objection no from any member? The Chair hears no objection from any member, and committee substitute to House Bill 716 passes to third reading. Chair recognizes Senator Fraser for a motion to suspend the constitutional rule that all bills be read on three separate days.

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

SENATOR DAVID DEWHURST: Members, you heard the motion by Senator Fraser. The secretary will call the roll.

SENATOR DAVID DEWHURST: There being 30 ayes and one nay -- there being 30 ayes and one nay, the rule is suspended. The Chair lays out on third reading an final passage, committee substitute to House Bill 716. The secretary will read the caption.

PATSY SPAW: Committee substitute to House Bill 716 relating to the taking of certain feral hogs and coyotes.

SENATOR DAVID DEWHURST: Chair recognizes Senator Fraser for a motion.

SENATOR TROY FRASER: And I would now move final passage of committee substitute for House Bill 716.

SENATOR DAVID DEWHURST: Thank you. Members, you have heard the motion by Senator Fraser. The secretary will call the roll.

SENATOR DAVID DEWHURST: There being 29 ayes and 2 nays, committee substitute to House Bill 716 is finally passed. Senator Rodriguez, are you ready on 1763? Are you? Fine. Great. Chair recognizes Senator Rodriguez for a motion to suspend the regular order of business to take up and consider committee substitute to Senate Bill 1763.

SENATOR JOSE RODRIGUEZ: Mr. President and members, the committee substitute for Senate Bill 1763 moves the Adult Basics programs from the Texas Education Agency to the Higher Education Coordinating Board. Adult Basics is financed through a mix of state and local funds, it provides English literacy, basic academic skills and workplace training for adults who seek a high school diploma. Currently, Adult Basics is the responsibility of TEA. We must develop and enhance a skilled work force and reduce student dropouts. To meet these goals, we must focus on having the capacity to successfully compete in the global economy to ensure economic prosperity in the State of Texas. The higher education system is better equipped to take students beyond literacy and create a vertical pathway for more citizens. As such, adults' needs would be better met by the Higher Education Coordinating Board and community colleges rather than the TEA. Mr. President and members, I move that we suspend the regular order of business and all necessary rules to take up and consider committee substitute for Senate Bill 1763.

SENATOR DAVID DEWHURST: Senator Patrick, for what purpose do you rise, sir?

SENATOR DAN PATRICK: Question of the author, please.

REPRESENTATIVE DAVID DEWHURST: Will Senator Rodriguez yield?

SENATOR JOSE RODRIGUEZ: Yes, sir, I yield.

SENATOR DAN PATRICK: Who brought you this bill, or what was the genesis?

SENATOR JOSE RODRIGUEZ: This bill was brought to me by the newly elected president of the Austin Community College, Richard Groves; who is currently the president of the El Paso Community College. And also other people that are interested in adult basic education and literacy.

SENATOR DAN PATRICK: So what do we accomplish in this bill that we're not already doing, now?

SENATOR JOSE RODRIGUEZ: Well, what we accomplish is this that the Texas Higher Education Coordinating Board has this, you know, oversight over higher education community colleges, colleges and universities. And the view of the community colleges is that by putting the responsibility for these programs under the Higher Education Coordinating Board, you are able to facilitate what they refer to as a vertical pathway to higher education. Because what you have is people who take an adult basic education class right now, under the current system, they may take that and that's the end of it. If you have it under the Higher Education Coordinating Board, with the emphasis that that board has community college has on promoting higher education for students, students are what you call on a vertical pathway to achieving greater learning, because they'll go to access one of these programs in a community college and then at the end of the program they may go ahead and get their community college Associates Degree and, hopefully, also be encouraged to go to a four-year college or university. And, in addition to that, the community colleges, as you know, are centers that offer skills, development, training programs that are important for Texas.

SENATOR DAN PATRICK: Well, and you're not aware, because we have not worked together on education or higher ed in the past, I'm a strong supporter of community colleges. But I'm not sure why we're moving this from TEA to the Higher Education Coordinating Board. Have we had complaints, have we had problems, have we had failures? Is there anyone -- Has the TEA not done the job?

SENATOR JOSE RODRIGUEZ: No, I don't think it's an issue of TEA not doing the job. In fact, in the committee hearing we heard testimony that it's not an issue that TEA is not doing a good job. It's an issue of providing a mechanism through which we are more successfully able to transition people from these programs into higher education through a community college, ultimately. And hopefully a college university degree. I think Dr. Perez testified that from his point of view it doesn't matter whether it's with his board or the TEA, I'll be honest about it. But we heard testimony from members of community colleges, as well as the Texas Border Coalition, that has a work force and education committee in it, component, that has done a lot of work on skill development, job programs and community colleges; and are supporters of adult basic skill and literacy programs, that this would be the right move to take, and taking us to the next level of offering opportunities for people who need adult basics, but are now incentivized to seek higher education beyond that.

SENATOR DAN PATRICK: Which is something we would encourage. What was the testimony in committee from TEA?

SENATOR JOSE RODRIGUEZ: I'm not sure there was something there from TEA. There was a lady who has been doing some adult basic education for about 35 years that was concerned about what would happen in a transition of the program from TEA over to the Higher Education Coordinating Board, and my understanding is that there would be no detrimental impact from that. Both the TEA and the Higher Education Coordinating Board, under the bill, would get together and they would coordinate that transition. Nobody would lose their job. There wouldn't be loss of funds, so that's not the issue. The issue is putting it in a place that is more suitable for encouraging people to seek higher education. Basically, right now you have a lot of people that take adult education courses, they get their diploma for it and that's it that's all they do. They learn English, they learn some elementary principles, but they're not encouraged under the system as much as they would be if they were in the setting of the Higher Education Coordinating Board process for encouraging people to get into higher education.

SENATOR DAN PATRICK: When you said no one would lose their jobs, this is based, the oversight is based in Houston so are those people going to lose their jobs?

SENATOR JOSE RODRIGUEZ: Well, you're referring to the current system. And maybe this is why you're concerned, under the current system the state contracts out to an organization in Houston to administer this program. And, yeah, I suppose that those folks would. But not the people that are in the universities, in the system; the ones that teach adult basic education.

SENATOR DAN PATRICK: So TEA contracts out to the group in Houston, and we're going to terminate that contract, turn it over to the Higher Education Coordinating Board here in Austin?

SENATOR JOSE RODRIGUEZ: That's correct. I think it offers better oversight, more accountability. But, more importantly, this vertical pathway to education that is not currently in the system. And that's why the advocates for this field say that that would be an improvement over the system. Now, other things that were pointed out to me by the way by the officer of the Higher Education Coordinating Board is that the Higher Education Coordinating Board, by virtue of its ability to attract federal grants and to coordinate those type of grants with the federal government for educational purposes would -- what they told us is be able to leverage potentially $66 million more into the system that could be used for adult basics and literacy. So there's some benefits, including on the administrative side, frankly.

SENATOR DAN PATRICK: What I've heard you say, and this is why I'll be a no on the bill, what I've heard you say is Commissioner Perez says it doesn't make a difference to him if it's TEA or THCB. And what I've heard you say is that there have been no complaints against the program or no reason to change it. Some people, apparently from Austin, who are now in El Paso, who think it should be moved, I don't think there's a need to do it and I just haven't heard compelling conversation here. Again, I'm not on higher ed this year, so I didn't hear the testimony. But what I have been told about it, what you have said kind of underscores the fact that there's a need here, kind of a want by some people, and so I'll be a no on the bill; as we're moving it out of Houston.

SENATOR JOSE RODRIGUEZ: I appreciate your view on that. I appreciate that. While there have been no complaints, what people have told me -- And, by the way, it's not just people from El Paso and Austin. The Texas Border Coalition is compromised of counties, cities, Texas Higher Education Committee, Chamber of Commerce from Brownsville all the way up to El Paso; and they have a committee that works on these issues and they testified they support this concept of providing this vertical pathway to education for people in the state. So I think there is a need to improve the services and that's what this is all about.

SENATOR DAN PATRICK: All right.

SENATOR JOSE RODRIGUEZ: But I appreciate your concerns.

SENATOR DAN PATRICK: Okay.

SENATOR DAVID DEWHURST: Senator Shapiro, for what purpose do you rise, ma'am?

SENATOR FLORENCE SHAPIRO: To ask the author a question.

SENATOR DAVID DEWHURST: Will Senator Rodriguez yield?

SENATOR JOSE RODRIGUEZ: I yield.

SENATOR FLORENCE SHAPIRO: Senator Rodriguez, you keep talking about the advocates. Who are the advocates to move adult basic education from TEA to the Higher Education Coordinating Board?

SENATOR JOSE RODRIGUEZ: Basically people who have been involved in adult basic education and literacy programs over the year, Senator. Some of them are, as I said, members of the Texas Border Coalition. We have a committee in that coalition that has been working on these issues, adult skill development, adult basics, for a number of years.

SENATOR FLORENCE SHAPIRO: I'm very involved in adult basic education. I'm particularly involved when we realize that we need the program to be better, but if you understand the purpose of adult basic education the basic premise of it it is for those individuals who don't have any basic, basic, skills. These are not for people who are at community college level skills. There are people who are at basic skills. They need math, they need English, they need to learn public education issues, not higher education issues. And what we have been trying to do is get adult basic education to where they can at least get their GED, or they can get some of their basic coursework. Higher education doesn't work on that. Public education works on that. If and when we have somebody that's at that level, that maybe they need a bump and we can get them from let's say Algebra I rather than Algebra II or English II rather than English III, then we put money. In fact, I put $20 million into the bucket for that group that needs to bump over and get those courses to get them college ready, to be able to go to the community colleges. But we're mixing metaphors here. We're talking about students who are not college ready who are now going to be put into the Higher Education Board activities. And they don't match. And so I'm of the opinion -- And I will be voting against your bill. And I'm of the opinion that even when we have an ABE program, even when we have an ABE program that we believe does possibly bring these people to a college ready level, then and only then do we use those dollars at the community college level; not through higher ed. But when we got the $20 million that we put into this for others to bring this across, that bridge that we need to bring them across, but now these are basic skills. That's why it's called adult basic literacy. They need to learn English, they need to learn math, they need to get better skilled and bilingual. You're putting them in the wrong place. So, for that reason and many other reasons, I'll be opposing your bill.

SENATOR JOSE RODRIGUEZ: Well, Senator, let me just state this, and I'll withdraw my bill. Let me just state this: I understand what adult basic education's all about. I was a long-time member of the Texas Border Coalition and I supported their initiative to promote adult basic education and literacy and job skills training --

SENATOR FLORENCE SHAPIRO: And as do I.

SENATOR JOSE RODRIGUEZ: And I understand it's at the level of public education, the very basic education. But all this is attempting to do is to have those students put in a setting whereby they not only meet those basic educational needs that you're referring to, but then get encouraged because of the setting that they're in to seek higher education.

SENATOR FLORENCE SHAPIRO: Well, that's what the $20 million will do. We've got a program and, in fact, it's a very specific program that we put in place so they will fund programs to help students that may simply need a bump, that's what the $20 million -- it's at the Higher Coordinating Board for that very reason to make sure that when they are ready that we give them that effort, that extra effort that it takes to able to make that transition.

SENATOR JOSE RODRIGUEZ: Well, I appreciate your concerns. And, Senator Patrick's, so I'll pull down the motion and hopefully we can continue a dialogue on this to see how we can improve, how we reach those programs.

SENATOR FLORENCE SHAPIRO: Appreciate it very much. Thank you, Senator.

SENATOR DAVID DEWHURST: Members, Senator Rodriguez withdraws his motion.

SENATOR JOSE RODRIGUEZ: Yes, sir.

SENATOR DAVID DEWHURST: Thank you.

SENATOR JOSE RODRIGUEZ: Thank you.

SENATOR DAVID DEWHURST: The Chair signs in the presence of the Senate the following:

PATSY SPAW: House Concurrent Resolution 139, House Concurrent Resolution 132, House Concurrent Resolution 119, House Concurrent Resolution 116, House Bill 2785, House Bill 2680, House Bill 2559, House Bill 1917, House Bill 1832, House Bill 1806, House Bill 1527, House Bill 1404, House Bill 1322, House Bill 1841, House Bill 755, House Bill 610, House Bill 571, House Bill 444, House Bill 438, and Senate Bill 887.

SENATOR DAVID DEWHURST: Thank you, Madam Secretary. Chair recognizes Senator Uresti for an introduction.

SENATOR CARLOS URESTI: Thank you, Mr. President and members. It's my privilege to introduce some special guests with us today. The New American Alliance is an organization of Latino business leaders committed to the goal of Latino empowerment and wealth building. The process of reaching that goal is simple and straightforward: Expand the forms of capital most crucial for advancement, economic, political, human and philanthropic; and you'll get where you want to be. Cofounded in 1999 by Secretary Henry

(inaudible) and Raoul (inaudible), this organization's sole purpose is to build upon the successes, experiences, relationships, and passions of its members to promote and advance the Latino community in the United States. Members in the west gallery, if y'all would please stand? We have several special guests who have traveled a long way to be here today. We have the CEO for the New America Alliance, Pilar Avilar, we have board members John De Luna, Monica Montilla, Toni Soto, Fidel Vargas and other special guests. Would you please help me welcome these guests to the State Capitol? Thank you.

SENATOR DAVID DEWHURST: Thank you for being here. Senator Jackson, are you ready on 1074? Chair recognizes Senator Jackson for a motion to suspend the Senate's regular order of business to take up and consider Senate Bill 1074.

SENATOR MIKE JACKSON: Thank you, Mr. President and members. Senate Bill 1074 is intended to clarify the Texas Water Code, which was inactively acted in the 80th Legislative session to clarify rate setting authority for water districts acting under Chapter 49. Unlike investor owned utilities, water districts are political subdivisions of the state and exempted from the water code's definition of utilities. Districts that provide water and sewer services are investor owned utilities, but they also provide police protection, fire protection, ambulance service and recreational facilities. Senate Bill 1074 would clarify the Texas Water Code to make clear the legislature's original intent that a district is presumed to have weighed and considered appropriate factors in planning customer classes and rates, and have properly established customer classes, the rates, charges, fees, rentals and deposits; actively showing the district has no reasonable basis for this action, and I would move to suspend the Senate's regular order of business to take up and consider Senate Bill 1074.

SENATOR DAVID DEWHURST: Thank you, Senator Jackson. Senator Watson for what purpose do you rise, sir?

SENATOR KIRK WATSON: Question of the author.

REPRESENTATIVE DAVID DEWHURST: Will Senator Jackson yield?

SENATOR MIKE JACKSON: I yield.

SENATOR KIRK WATSON: Thank you, Senator Jackson. I want to ask a couple of questions about this, because if you have the votes to suspend I want to make sure members know what it is they're voting on. And we've talked a little bit about this and I appreciate the fact you've given me so much time on it. But one of the things this bill would -- it could potentially impact thousands of my constituent who are customers of the Western County Water System, who spent countless thousands of dollars and three years of their time challenging and appealing a rate increase imposed on them by the Local Colorado River Authority who owns and operates the water system. And what your bill does, and I was listening to your statement, is it takes provision in Chapter 49 of the water code applicable to districts like MUDs and MDDs that provide retail water service, and it takes a provision in current law that as you correctly pointed out relates to the district's authority to establish customer classes, and turns it -- what your bill does is it turns it into a presumption of reasonableness for the establishment of rates. And I guess my question is are you intending by this bill to just make it where it applies to disputes between different customer classes in which a general law district is establishing different class fees discriminately, or do you intend for it to go to every possible appeal of every district retail and waste water rates?

SENATOR MIKE JACKSON: Yes.

SENATOR KIRK WATSON: Okay.

SENATOR MIKE JACKSON: What we're trying to do, and the way this was set up, is that when these districts were set up they were set up where the rules not only apply in this particular case to water and sewer, but they also provide police protection, fire protection, and there was a presumption that these were done under a reasonable manner. We're not trying to stop from appealing, but I believe there have been some court cases that have kind of gone around, you know, taken a path where that presumption was not (inaudible). We're just trying to put an exclamation point on these issues that these are presumed by these districts when they start out.

SENATOR KIRK WATSON: My concern is that when it was originally passed it dealt with appropriate factors for customer classes, and fights between various customer classes. What this does though, is it goes ahead and says that it will be presumed, the presumption will apply to classes and rates. And so no longer -- I guess what you're saying, no longer will it be just limited to disputes between customer classes, but now it will be the legislature's intent for this session to be a catch-all provision for all retail rate appeals; is that right?

SENATOR MIKE JACKSON: For all retail what?

SENATOR KIRK WATSON: Rate appeals, the presumption will apply on all retail rate appeals, as opposed to just dealing with a very narrow application of disputes from customer classes.

SENATOR MIKE JACKSON: The district's rates are presumed just and reasonable and not unreasonably preferential.

SENATOR KIRK WATSON: Yeah, and I guess that's the phrase that I'm worried about.

SENATOR MIKE JACKSON: Or judicial, or discriminatorily absent by showing a rate payer, on an appeal filed, that the district had no reasonable basis for its action. So I think what this bill is doing is that it's making -- it's probably making it a little bit more difficult for someone who is appealing to do that, that they have to show that the district had no reasonable justification for its action. And that could mean a whole lot of things, really. And really, what I think you're seeing is you're getting the appeals based on a lot of things that may be meritless and costing a lot of money there so --

SENATOR KIRK WATSON: Well, that may be the case. But this is a pretty big change in law. Subsection A -- Subsection A states, which is not part of what we have in the law that you have here 49.221A asserts that quote a, 'district may establish different charges, fees, rentals or deposits among classes of customers that are based on any factor the district considers appropriate.' Then the new subsection B, then subsection B that you're adding takes it beyond just customer classes. But I think that's -- I think your intent is probably clear. Let me ask one last question. Do you intend for this provision to apply to any currently appealed rate case?

SENATOR MIKE JACKSON: No.

SENATOR KIRK WATSON: Thank you, Mr. President.

SENATOR DAVID DEWHURST: Members, the issue before us is the suspension of the regular order of business. Is there objection from any member? The secretary will call the roll.

SENATOR DAVID DEWHURST: Members, there being 28 ayes and 3 nays, the rule is suspended. The Chair lays out on second reading Senate Bill 1074. The secretary will read the caption.

PATSY SPAW: Senate Bill 1074. Relating to water districts' authority to set rates and a presumption of validity.

SENATOR DAVID DEWHURST: Chair recognizes Senator Jackson for a motion.

SENATOR MIKE JACKSON: Thank you, Mr. President. I move final passage for Senate Bill 1074.

SENATOR DAVID DEWHURST: Thank you. Members, you have heard the motion by Senator Jackson. Is there objection from any member? The Chair hears no objection and Senate Bill 1074 passes to engrossment. Chair recognizes Senator Jackson for a motion to suspend the constitutional rule that bills be read on three separate days.

SENATOR MIKE JACKSON: So moved, Mr. President.

SENATOR DAVID DEWHURST: Members, you heard the motion by Senator Jackson. The secretary will call the roll.

SENATOR DAVID DEWHURST: There being 28 ayes and 3 nays, the rule is suspended. The Chair lays out on third reading and final passage Senate Bill 1074. The secretary will read the caption.

PATSY SPAW: Senate Bill 1074. Relating to water districts' authority to set rates and a presumption of validity.

SENATOR DAVID DEWHURST: Chair recognizes Senator Jackson for a motion.

SENATOR MIKE JACKSON: Thank you, Mr. President. I move final passage of Senate Bill 1074.

SENATOR DAVID DEWHURST: Thank you, Senator. Members, you have heard the motion by Senator Jackson. The secretary will call the roll.

SENATOR DAVID DEWHURST: There being 28 ayes and 3 nays, Senate Bill 1074 is finally passed. The Chair recognizes Senator Carona for a motion to concur in the House Amendment to Senate Bill 748.

SENATOR JOHN CARONA: Thank you, Mr. President. Members, Senate Bill 748 was an update of the Texas Business Code codifying the provisions of prior law relating to business entities and associations, and became effective back in 2006. The amendments that the House brought to us are first, struck a typo in Section 44 of the bill removing the word limited, where it was mistakenly was added. And then the second amendment struck Section 33 of the bill, which would have created an exemption to the annual meeting requirement that currently applies to nonprofit corporations. Neither of these changes obviously did damage to the bill. I move at this time that we concur with House Amendments to Senate Bill 748.

SENATOR KEVIN ELTIFE: Senator Carona moves that the Senate concur on House Amendments to Senate Bill 748. The secretary will call the roll.

SENATOR KEVIN ELTIFE: There being 31 ayes, 0 nays, the motion is adopted. Thank you, Senator Carona. Chair recognizes Senator Davis for a motion to concur on House Amendments to SB1107.

SENATOR WENDY DAVIS: Thank you, Mr. President. Mr. President and members, I move to concur on House Amendments to Senate Bill 1107. This bill would have first time students to Texas colleges show proof of being vaccinated against meningitis. The amendment added in the House simply requires the school to provide in the student's registration information the options for being able to exempt themselves from the vaccination, while encouraging the importance of consulting with a physician about the disease. Mr. President, I move to concur.

SENATOR KEVIN ELTIFE: Senator Davis moves that the Senate concur on House Amendments to SB1107. The secretary will call the roll.

SENATOR KEVIN ELTIFE: There being 29 ayes, 2 nays, the motion is adopted. Thank you, Senator Davis.

SENATOR WENDY DAVIS: Thank you.

SENATOR STEVE OGDEN: The following motion in writing. Secretary will read the motion.

PATSY SPAW: Permission to entrust bills. Mr. President, I move suspension of Senate Rule 7.07B to permit the entrust introduction of the following bills: Senate Bill 1931 by West, relating to making an appropriation of money from the economic stabilization fund for the foundation school program. Senate Bill 1932 by Hegar, relating to the appointment of a master in chancery to oversee payment of certain expenses in an insurance receivership. SJR54 by West, proposing a constitutional amendment authorizing an appropriation from the economic stabilization fund for the foundation school program. Motion by Whitmire.

SENATOR STEVE OGDEN: Is there objection to the adoption of the motion? Chair hears none, motion's adopted. Following bills and resolutions on first reading in reference to committee. Secretary will read the bills and resolutions.

PATSY SPAW: SJR54 by West, proposing a constitutional amendment authorizing an appropriation from the economic stabilization fund for the Foundation School Program. To Finance. Senate Bill 1931 by West, relating to making an appropriation of money from the Economic Stabilization Fund for the Foundation School Program. To Finance. Senate Bill 1932 by Hegar, relating to the appointment of a master in chancery to oversee in payment of certain expenses in an insurance receivership. To Business and Commerce. House Bill 123, to Transportation, Homeland Security. House Bill 174, to State Affairs. House Bill 1818, to Government Organization. House Bill 2203, to Finance. House Bill 2237, to Transportation and Homeland Security. House Bill 2389, to Transportation and Homeland Security. House Bill 2439, to Government Organization. House Bill 2596, to Transportation and Homeland Security. House Bill 2660, to Intergovernmental Relations. House Bill 2759, to Administration. House Bill 2817, to State Affairs. House Bill 2825, to Finance. House Bill 2889, to Criminal Justice. House Bill 3017, to State Affairs. House Bill 3025, to Higher Education. House Bill 3133, to Intergovernmental Relations. House Bill 3727, to Finance. House Bill 3807, to Criminal Justice.

SENATOR STEVE OGDEN: Members, we've got one more bill to consider and we're waiting for an amendment to that bill.

SENATOR ROBERT DUNCAN: Members, we actually have two bills. One very quick bill here by Senator Uresti. Senator Uresti, you're recognized. A committee substitute for Senate Bill 165 to suspend the regular order of business.

SENATOR CARLOS URESTI: Thank you Mr. President and members, committee substitute to Senate Bill 1265, rather, is relating to the accreditation of paramedic training programs. This bill would ensure that Texas study impact to move the impact, the move to paramedic program national accreditation will have on private programs and rural programs, and the direction other states are taking to become accredited. The substitute would ensure that support documentation would be easily accessible on the website, and that any local project grants that are awarded will go to programs who not only need financial assistance becoming accredited, but that are also a sound investment for the state. With that, Mr. President, I move to suspend the Senate's regular order of business to take up and consider committee substitute to Senate Bill 1265.

SENATOR ROBERT DUNCAN: Senator Uresti moves suspension of the regular order of business to take up and consider committee substitute for Senate Bill 1265. Is there any objection? Chair hears none, the rules are suspended. Senator Uresti -- Chair lays out on second reading committee substitute for Senate Bill 1265. The secretary will read the caption.

PATSY SPAW: Committee substitute for Senate Bill 1265. Relating to the accreditation of paramedic training programs.

SENATOR ROBERT DUNCAN: Senator Uresti is recognized for a motion.

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

SENATOR ROBERT DUNCAN: Senator Uresti moves final engrossment of committee substitute to Senate Bill 1265. Is there any objection? Chair hears none. Committee substitute for Senate Bill 1265 is passed to engrossment. Senator Uresti's now recognized for a motion to suspend the constitutional three day rule.

SENATOR CARLOS URESTI: So moved, Mr. President.

SENATOR ROBERT DUNCAN: Members, you have heard the motion. The secretary will call the roll.

SENATOR ROBERT DUNCAN: There being 31 ayes and 0 nays, the constitutional three day rule is suspended. He Chair lays out on third reading and final passage committee substitute for Senate Bill 1265. The secretary will read the caption.

PATSY SPAW: Committee substitute for Senate Bill 1265. Relating to the accreditation of paramedic training programs.

SENATOR ROBERT DUNCAN: Senator Uresti is recognized for a motion.

SENATOR CARLOS URESTI: Mr. President, I move final passage.

SENATOR ROBERT DUNCAN: Senator Uresti moves final passage of committee substitute for Senate Bill 1265. The secretary will call the roll.

SENATOR ROBERT DUNCAN: There being 31 ayes and 0 nays, committee substitute for Senate Bill 1265 is finally passed. Congratulations.

SENATOR CARLOS URESTI: Thank you, Mr. President.

SENATOR ROBERT DUNCAN: Senator Ogden is recognized for a motion to suspend the regular order of business on committee substitute for Senate Bill 1588. Senator Ogden?

SENATOR STEVE OGDEN: Mr. President and members, I move to suspend the Senate's regular order of business to take up and consider the committee substitute to Senate Bill 1588. Members, this bill we pass each session. It has two main goals. One is consolidation, the legislation consolidates newly created funds, accounts and dedications into general revenue to streamline fund accounting at the Comptroller's Office, and budget certification. The legislation amends Section 403.095 government code to allow unappropriated balances in general revenue dedicated accounts to be counted toward budget certification at the end of each fiscal biennium. I move to suspend the regular order of business.

SENATOR ROBERT DUNCAN: Senator Ogden moves to suspend the regular order of business to take up and consider the committee substitute for Senate Bill 1588. Is there any objection? Chair hears none, rules are suspended. The Chair lays out on second reading committee substitute for Senate Bill 1588. The secretary will read the caption.

PATSY SPAW: Committee substitute Senate Bill 1588. Relating to the creation and recreation of funds of accounts and dedication of revenue and the exemption of unappropriated money for use of general governmental purposes.

SENATOR ROBERT DUNCAN: The following amendment. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 1 by Davis.

SENATOR ROBERT DUNCAN: Senator Davis, you're recognize to explain the amendment.

SENATOR WENDY DAVIS: Thank you, Mr. President. This would basically assure the dedication of the Sexual Assault Program 5010, which is included in Senator Nelson's Senate Bill 23 to prevent those funds from being swept. And, Senator Ogden, it is my understanding that that is a general revenue dedicated fund.

SENATOR ROBERT DUNCAN: Senator Ogden on --

SENATOR STEVE OGDEN: It's acceptable to the author.

SENATOR WENDY DAVIS: Senator Davis sends up floor amendment No. 1. It's acceptable to the author. Is there any objection to the adoption of the amendment? Chair hears none, the amendment is adopted. Thank you.

SENATOR ROBERT DUNCAN: Following amendment. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 2 by Carona.

SENATOR ROBERT DUNCAN: Senator Ogden is recognized on floor amendment No. 2.

SENATOR STEVE OGDEN: : Members, Senator Carona's amendment is similar to Senator Davis' in that he wants to include internet crimes against children fund created as a special fund by Senate Bill 1843 in this session to be not swept, but remain a dedicated fund. And it's acceptable to the author.

SENATOR ROBERT DUNCAN: Senator Carona sends up floor amendment No. 2. It's acceptable to the author. Is there any objection to the adoption of floor amendment No. 2? Chair hears none, floor amendment No. 2 is adopted. The following amendment. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 3 by Watson.

SENATOR ROBERT DUNCAN: Senator Watson's recognized to explain floor amendment No. 3.

SENATOR KIRK WATSON: Thank you, Mr. President. Members, this amendment mirrors Senate Bill 695, which was heard in the finance committee last week. And it would help ensure that fees Texans pay will actually be used in the way that the state promises and the way that tax payers believe. The bill that's before us, Senator Ogden has laid out Senate Bill 1588, it's important to understand what this bill does. And he laid it out exactly right. This bill, Senate Bill 1588, is the legislation that allows the state to use dedicated or promised funds, not for their intend purposes, but instead to certify more spending in the state budget for a different purpose. Chairman Ogden has noted, and I think correctly, that this bill is needed to balance our budget. My amendment will not prevent that. What this amendment would do is state that starting in the 2014/2015 budget, the state could not collect significantly more in fee revenue than the budget appropriates; specifically when a particular dedicated fund balance, that a particular fee provides, the balance that's gets diverted and used for certification hits 200 percent of what is appropriated; then the state would stop collecting the fee. By the way, this would resemble collection caps that this Senate has approved in two separate fiscal matter bills already this session. The amendment would also take effect on September 1, 2013, which would make sure that the 2012/2013 budget isn't affected, and gives appropriators time to prepare for the change in advance of the 2014/2015 budget. Mr. President, I move adoption.

SENATOR ROBERT DUNCAN: Senator Ogden on floor amendment No. 3.

SENATOR STEVE OGDEN: Members, this I believe, is a legislation that Senator Watson currently has in finance committee; is that correct?

SENATOR KIRK WATSON: That's correct.

SENATOR STEVE OGDEN: Okay. And --

SENATOR KIRK WATSON: It was heard last week.

SENATOR STEVE OGDEN: And the issue here is I think worth bringing to the public, but would potentially create some pretty serious problems next session. What it says is that, as I understand it, Senator, that starting in the next biennium, if the amount in the fund exceeds 200 percent of what is actually appropriated, then you'd stop collecting the fee; is that correct?

SENATOR KIRK WATSON: That's correct. For example, if you have a specific promise dedicated fee that the legislature appropriates $10 million for that specific dedicated purpose, but the fee that is being collected hits $20 million; like we did in your fiscal matters bill on the oil and gas cleanup fee. When it hits $20 million then there's a suspension of that collection, so that we're not collecting fees from taxpayers and fee payers that we're not using for their dedicated or specific purpose.

SENATOR STEVE OGDEN: : How would that be affected if -- on unexpended balance? Because one of the things that happens, one that comes to mind most immediately is the system benefit fund.

SENATOR KIRK WATSON: Yes.

SENATOR STEVE OGDEN: And the system benefit fund has a large unexpended balance.

SENATOR KIRK WATSON: Somewhere in the excess of $600 million.

SENATOR STEVE OGDEN: And, currently, the debate between the House and the Senate is how much of that unexpended balance is to be collected. But with your amendment I don't think the unexpended balance is affected, right?

SENATOR KIRK WATSON: No.

SENATOR STEVE OGDEN: All it would be is it would be 200 percent of the new -- the appropriation would have to be -- you would stop collecting the fee only if the fee that you collected the next biennium doesn't count -- the unexpended balance exceeds 200 percent of the amount appropriated the next biennium. Second is the benefit fund, if they have a balance of $600 million, that really is zero. If it collects $300 million the next biennium we'd only stop collecting the fund if we appropriate less than $150; is that right?

SENATOR KIRK WATSON: If I understand your question, let me ask it this way and see if I'm missing because I'm trying to answer it. No. 1 is it doesn't affect anything in this biennium, it would be in the next biennium. The second thing is that it does not affect the fund balances that are currently there and would be there when you get to the next biennium. It would start the process of you would suspend the fee when you hit 200 percent of appropriations in that budget.

SENATOR STEVE OGDEN: So in this particular case it wouldn't make any difference next biennium if we collect $300 million for the system benefit fund and only appropriate $150, then you'd stop collecting the fee?

SENATOR KIRK WATSON: That's correct.

SENATOR STEVE OGDEN: Can I --

SENATOR KIRK WATSON: Sure.

SENATOR ROBERT DUNCAN: Senator Van de Putte is recognized for an introduction.

SENATOR LETICIA VAN DE PUTTE: Thank you, Mr. President. Mr. President and members, I'd like to take a moment to recognize the pages that we have with us this afternoon working in the Senate. We are always happy to have our Texas students with us, and this group is no different; except I am extremely excited that these 8th grade students are from Robert Vail Middle School and they are working here in the Senate, on the floor, where Senator Robert Vail once stood at one of these desks. This is the Senator also from Senate District 26. This afternoon we are pleased to have Justin McManus, Kimberly Mahr, Kevin Noah Shackleford, Joshua Torres, Patrick Weathersby, Derrick White and Samantha White. We want to welcome these students from Robert Vail Middle School in honor of Senator Robert Vail who served here. And thank you for visiting your Texas Capitol, the place where the namesake of your school work and voted and did so much for public education. Thank you, students, and thank you, members.

SENATOR ROBERT DUNCAN: Senator Ogden?

SENATOR STEVE OGDEN: Parliamentary inquiry.

SENATOR ROBERT DUNCAN: State your inquiry.

SENATOR STEVE OGDEN: Mr. President, I object to further consideration of floor amendment No. 3 and that it violates rule 7.145 in Texas Senate Rules and that it is not germane to my bill.

SENATOR ROBERT DUNCAN: Bring your point of order down. Floor amendment No. 3 is withdrawn. The following amendment. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 4 by Watson.

SENATOR ROBERT DUNCAN: Senator Watson, you're recognized to explain the amendment.

SENATOR KIRK WATSON: Thank you very much, Mr. President. Members, this relates to what I was attempting to do with the suspension of the tax. The amendment I just had, that Senator Ogden called a point of order on, what that amendment would have done would have suspended the collection of the fee or the tax when it hit 200 percent or more of the promised purpose, the appropriation for the promised purpose. What this amendment would do is not affect collections of state fees. What it does do is it says that starting in September 2013 the state would no longer divert balances from these dedicated funds, or use them to certify more spending once those balances reach 200 percent of appropriations. So, for example, if the legislature has a dedicated, promised fee, it collects it for a promised purpose, it appropriates $10 million but the fee collects $20 million, that $20 million, that 100 percent more could still be used for certification. If it collects $25 million, $10 million can be used for certification, but the additional five would not be allowed to be used for certification. I move adoption of floor amendment No. 4.

SENATOR ROBERT DUNCAN: Senator Ogden on floor amendment No. 4.

SENATOR STEVE OGDEN: Mr. President and members, I'd like you to listen to this because I think Senator Watson is right in the sense that we are continuing to rely on excess fee revenues to balance our budget, instead of reform. What I've been talking about the last four years is a tax system. So I don't disagree with the philosophy, and it really doesn't have any impact until two bienniums from here. I mean, the issue, as far as certification to be concerned would not really have an impact until the 84th legislature, the way I read it; is that right?

SENATOR KIRK WATSON: My goal is not to blue up what you're attempting to do, but get us off this bad practice.

SENATOR STEVE OGDEN: So it is a prospective amendment that has no impact in the next biennium? And I'm going to oppose Senator Watson's amendment, not on the grounds that it's wrong, but that it has no impact over the next two years. And is this bill has to pass. And I'm afraid that an amendment like this could get this bill hung up over in the House, and then we'd have to bring back and pass it again, because the House wouldn't accept this amendment and they might -- But I don't know. The House might think this is the world's greatest amendment, but I'm afraid of putting amendments on this bill that has to pass at this late stage, for fear that we may get hung up toward the end of the session. So I'll allow the members to consider the argument, the merits versus the practicality that we have to pass this thing. And so I request that -- and I move to table floor amendment No. 4.

SENATOR ROBERT DUNCAN: Senator Ogden moves to table. Senator Watson to close.

SENATOR KIRK WATSON: Thank you, Mr. President. Members, the state of Texas has gotten into a very, very bad habit and it, in fact, created a structural problem in our budget different than the ones that is kind of the open secret that we talk about, related to the tax swap in 2006. In about 2003, back during that period of time, this practice resulted in over a billion dollars but less than a billion five of general revenue dedicated money being used to certify the budget. But since that time it has grown to be in excess of three and a half billion dollars. So that in this budget cycle, the number that's being used for certification in the budget we're currently in, it's around $3.7 billion. We don't have all the revenue estimates yet, but the best estimates that I have been given tell me that in this one we're going to have another -- maybe an excess of $4 billion of promises made on the way we collect taxes and fees, promises made but then they're not used for those promises. When the state is diverting that amount of general revenue dedicated, it has a structural problem and it's time for us to be candid and open and transparent about it. What this does is it does not blow up anything about this budget. What it does, instead, is it says starting in the next biennium we're going to cease that practice. And, even then, it allows for there to be collection of up to 200 percent of the appropriated amount to be allowed for certification. If we can't balance the books in an open and candid way utilizing 100 percent more fees and taxes collected than what we had promised, we were going to use it for, then we have a serious structural problem that needs to be repaired. I would ask you to vote no on the motion to table.

SENATOR ROBERT DUNCAN: Senator Watson moves to table -- I mean Senator Ogden moves to table floor amendment No. 4. The secretary will call the roll.

SENATOR ROBERT DUNCAN: There being 20 ayes and 11 nays, the motion to table prevails. Senator Ogden's recognized for a motion on committee substitute --

SENATOR STEVE OGDEN: Mr. President and members, I move passage to engrossment of committee substitute to Senate Bill 1588.

SENATOR ROBERT DUNCAN: Members, Senator Ogden moves passage to engrossment of committee substitute to Senate Bill 1588. Is there any objection? Chair hears none, committee substitute for Senate Bill 1588 is passed to engrossment. Senator Ogden is recognized for a motion to suspend the constitutional three day rule.

SENATOR STEVE OGDEN: Mr. President and members, I move to suspend the constitutional three day rule to take up and consider committee substitute to Senate Bill 1588.

SENATOR ROBERT DUNCAN: Members, you have heard the motion. The secretary will call the roll.

SENATOR ROBERT DUNCAN: There being 31 ayes and 0 nays, the constitutional three day rule is suspended. The Chair lays out on third reading and final passage the committee substitute for Senate Bill 1588. The secretary will read the caption.

PATSY SPAW: Committee substitute for Senate Bill 1588. Relating to creation and recreation of certain funds and accounts in the dedication and rededication of revenue.

SENATOR ROBERT DUNCAN: Senator Ogden is recognized for a motion.

SENATOR STEVE OGDEN: Mr. President and members, I move final passage of committee substitute for Senate Bill 1588.

SENATOR ROBERT DUNCAN: Senator Ogden moves for final passage of committee substitute for Senate Bill 1588. The secretary will call the roll.

SENATOR ROBERT DUNCAN: There being 31 ayes and 0 nays, committee substitute for Senate Bill 1588 is finally passed. Congratulations. The president's desk is clear. Are there any announcements? Senator Harris recognized for an announcement.

SENATOR CHRIS HARRIS: Thank you, Mr. President and members, I move to suspend the 24-hour posting rule motion with senate rules 1110 and 1118 in order for the Senate Committee on Jurisprudence to meet today, May 11th, immediately upon adjournment to consider the pending bills we have in committee. Mr. President?

SENATOR ROBERT DUNCAN: Members, you heard the motion. Is there objection to the motion? The Chair hears none, the motion is granted. Senator West?

SENATOR ROYCE WEST: Thank you very much, Mr. President. I have an announcement. Members, the Senate Committee on Intergovernmental Relations will reconvene 30 minutes upon adjournment.

SENATOR CHRIS HARRIS: I'm sorry, we can't understand you.

SENATOR ROYCE WEST: I was just trying to do like you, Senator Harris.

SENATOR ROBERT DUNCAN: Senator Harris, you're recognized.

SENATOR ROYCE WEST: Mr. President and members, the Senate Committee on Intergovernmental Relations will reconvene 30 minutes upon adjournment, which will be let's say at 2:25, in room E01.028.

SENATOR ROBERT DUNCAN: Senator Ellis?

SENATOR RODNEY ELLIS: Mr. President, I move to suspend the 24-hour posting rule in accordance with senate rules 1110 and 1118, in order to allow the Government Organization Committee to meet at my desk, immediately upon adjournment, to vote on the following bills which were previously heard in public hearing: House Bill 265, House Bill 1495, House Bill 1504, House Bill 1774 and House Bill 4605, the Worker's Comp Sunset Bill. If there are no questions, I move suspension.

SENATOR ROBERT DUNCAN: Members, you have heard the motion. Is there any objection? Chair hears none, so ordered. Chair recognizes Senator Van de Putte.

SENATOR LETICIA VAN DE PUTTE: Thank you, Mr. President. Mr. President and members, the Senate Veteran Affairs and Military Installations Committee will meet at 2:15 at the Betty King room. Thank you.

SENATOR ROBERT DUNCAN: Senator Whitmire?

SENATOR JOHN WHITMIRE: Mr. President and members, I would move to suspend senate rules 11.10 and 11.18 so the Senate Committee on Criminal Justice can meet at my desk, upon adjournment, to talk up pending business.

SENATOR ROBERT DUNCAN: Members, you have heard the motion. Is there any objection? The Chair hears none, so ordered. Chair recognizes the Dean of the senate for a highly privileged motion.

SENATOR JOHN WHITMIRE: Mr. President, could I yield to Senator Uresti for a moment and ask people to give him their attention?

SENATOR ROBERT DUNCAN: Senator Whitmire yields to Senator Uresti.

SENATOR CARLOS URESTI: Thank you, Mr. President, and thank you, Dean.

SENATOR ROBERT DUNCAN: Members, if you could take your seats and pay attention, please.

SENATOR CARLOS URESTI: Thank you, members. I'm sad to report there was young Marine --

SENATOR ROBERT DUNCAN: Members, take your seats and let's have order on the floor. Senator Uresti.

SENATOR CARLOS URESTI: Thank you, Mr. President. Members, I'm sad to report we had a young Marine from my district went to South San High School, his name was Victor Paul Zepeda. He was a 22-year-old. And he was on leave from Camp Pendleton following his deployment overseas recently and, sadly, he and his wife were in an accident just this morning wherein he was killed. And he leaves behind his friends, he leaves behind his neighbors that loved him, and he leaves behind a family as well. So I would ask us as we step back from everything that we're working on today to keep it all in perspective as we move forward with today's business, the Senate's business, and ask that we adjourn today memory of Marine Victor Paul Zepeda. Thank you Mr. President.

SENATOR ROBERT DUNCAN: Chair recognizes the Dean of the Senate for a highly privileged motion.

SENATOR JOHN WHITMIRE: Thank you, Mr. President. Members, I move that the Senate recess until 8:00 a.m. tomorrow so that we could consider a Local and Consent Calendar at that time. And at the conclusion of that calendar, the Senate will adjourn until 11:00 a.m. Thursday, May 12th, in memory of James Grayson, Shirley Bird Perry and Victor Paul Zepeda.

SENATOR ROBERT DUNCAN: Thank you, Dean. Could you hold on just a moment, please? Senator Harris is recognized for an announcement.

SENATOR CHRIS HARRIS: Thank you. I move to suspend the senate rule 1110 and 1118 so the Senate Business and Commerce Committee can meet 30 minutes after adjournment of the senate today, in E1036, on Senate Bill 1432, relating to the operation of the Texas Windstorm Insurance Association, and to the resolution of certain disputes concerning claims made to that association. The bill has pending business before the committee. Senate Committee on Business and Commerce will meet 30 minutes after adjournment, in E1036, to consider that senate bill.

SENATOR ROBERT DUNCAN: Members, you have head the motion. Is there any objection to the motion? Chair hears none, motion is granted. So ordered. Dean of the Senate. Senator Eltife, for what purpose?

SENATOR KEVIN ELTIFE: Let me see here, Mr. President, I want to make a motion and an announcement. What can I do first? What's your preference?

SENATOR ROBERT DUNCAN: The motion is my preference.

SENATOR KEVIN ELTIFE: All right. That's what we'll do. Members and Mr. President, I move to suspend senate rule 11.13 so the Committees can meet tomorrow during the Local and Uncontested Calendar session.

SENATOR ROBERT DUNCAN: Members, you have heard the motion. Is there any objection? Hearing none. So ordered. Chair recognizes Senator Eltife for an announcement.

SENATOR KEVIN ELTIFE: Thank you, Mr. President. I am giving notice that the Local and Uncontested Calendar session will be held tomorrow, Thursday, May 12th, at 8:00 a.m. A copy of the calendar has been furnished to each of you. Thank you, Mr. President and members.

SENATOR ROBERT DUNCAN: Are there any other motions or announcements? Chair hears none. The Dean moves that the Senate stand at recess until 8:00 a.m. tomorrow to consider a local calendar. Upon conclusion of the local calendar, the Senate will stand adjourned until 11:00 a.m., Thursday, May 12th, in memory of the persons previously stated by Dean Whitmire. Is there any objection? Chair hears none, so ordered.

(The Senate stands adjourned.)