Senate Transcript, May 16, 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. Will all on the floor and in the gallery please rise for the invocation to be delivered by Reverend Jacqueline Baker Hammett, Hyde Park Christian Church of Austin.

PASTOR: Please pray with me. Gracious and loving God, we come before You at this time and in this place, praying for Your holy presence to surround, support, and uplift those assembled here today. This session is drawing to a close, O God, and many of these, Your servants, many of these, Your children, are tired. They carry a heavy burden, O God, the weight and needs of many peoples and constituencies rest upon their shoulders. And so, we pray that they may be graced with Your wisdom, we pray that they may be inspired by Your light, we pray that they may be guided by Your love for all people. Bless each and every person that works as a public servant for truly this is a calling. Renew their commitment to work together for the greatest good. Refresh their hearts that they may serve with compassion. Restore their faith in what is good and just and honorable and true. Inspire all of us to remember the responsibility and privilege of service. Keep us ever mindful that life is a gift and every day and every moment matters. So let us live with purpose and intent. Help us to find common ground. Guide us to seek a common goal and identify a common good. Motivate us to see all faces and hear all voices. May our choices, our work, our words, and our actions leave a positive legacy that both honors the past and touches the future. May future generations look to us as an example of unity and constructive cooperation. May our children see in us examples of peace and reconciliation. With humble hearts then, let us serve. With gracious and gentle spirits, let us work together. With mindful and caring intent, let us seek the well-being of all those people, Your people, our people, all people that we are called to serve. We pray all these things in a spirit of love and service. Amen.

SENATOR KEVIN ELTIFE: Thank you, Reverend Hammett. You may be seated. Members, Senator Whitmire moves to dispense with the reading of yesterday's journal. Is there objection? The Chair hears none, 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 the House has taken the following action: The House has passed the following measures. HB19 by Riddle relating to the prosecution and punishment of a person --

SENATOR KEVIN ELTIFE: Thank you, Messenger. The Chair lays out the following resolution. Secretary please read the resolution.

PATSY SPAW: House Concurrent Resolution 100, WHEREAS, The Texas State University System, the oldest and third-largest system of higher education in Texas, is celebrating its centennial in 2011; and WHEREAS, Created by the Texas Legislature in 1911, the system originally brought together Sam Houston Normal Institute, in Huntsville; North Texas State Normal College, in Denton; Southwest Texas State Normal School, in San Marcos; and West Texas State Normal College, in Canyon; oversight of the system was vested in a group known as the State Normal School Board of Regents; and WHEREAS, Over the years, the system has evolved dramatically; component institutions were renamed state teachers colleges in 1923, and they subsequently composed what was known as the State Senior College System; renamed the Texas State University System in 1975, the network now encompasses eight institutions: Sam Houston State University, Texas State University--San Marcos, Sul Ross State University, Sul Ross State University--Rio Grande College, Lamar University, Lamar Institute of Technology, Lamar State College--Orange, and Lamar State College--Port Arthur; and WHEREAS, Each of the institutions in the Texas State University System carries the name of, or is closely associated with, a Texas hero--Sam Houston, statesman, commander of the Texas Army, first and third president of the Republic of Texas, and governor of Texas; Mirabeau Lamar, widely recognized as the Father of Texas Education and the second president of the Republic of Texas; Lawrence Sullivan Ross, Civil War veteran, general, governor, and president of the Agricultural and Mechanical College of Texas; and Lyndon Baines Johnson, 1930 graduate of Southwest Texas State Teachers College at San Marcos and 36th president of the United States of America; and WHEREAS, Today, every school in the system is facing an increased demand for its services, with overall enrollment growing at a faster rate than the state's population; the number of students registered collectively in system institutions rose by 4.8 percent between the fall semesters of 2009 and 2010, reaching nearly 76,000; to accommodate those students, the system and its component institutions employ over 15,000 faculty and staff; and WHEREAS, Campuses of the Texas State University System are located across the state, and each boasts a distinctive character and its own unique strengths; together, the schools' myriad offerings range from industrial certification to doctoral degrees, and a number of their programs have achieved national prominence; some of the schools are extensively engaged in research, and all put a premium on quality teaching; and WHEREAS, Since its inception, the Texas State University System has enriched the lives of countless students, contributed to the advancement of human knowledge, and proved a powerful force for social progress and economic development in the Lone Star State; now, therefore, be it RESOLVED, That the 82nd Legislature of the State of Texas hereby commemorate the centennial of the founding of the Texas State University System and honor all those associated with its member institutions for their commitment to academic excellence and public service; and, be it further RESOLVED, That an official copy of this resolution be prepared for the Texas State University System as an expression of high regard by the Texas House of Representatives and Senate by Zaffirini.

SENATOR KEVIN ELTIFE: The Chair recognizes Senator Zaffirini on the resolution.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. Mr. President and members, it is my pleasure to sponsor House Concurrent Resolution 100 by Representative Dan Branch commemorating the 100th anniversary of the founding of the Texas University system. Members, the Texas State University system is truly a statewide system stretching from the Texas/Louisiana border to the Big Bend region of west Texas. Its eight institutions and many unique campuses serve almost every region of the state. What's more, the system's commitment to diversity is matched by its commitment of excellency. The Texas State University system is unique in that it is Texas' only horizontal state university system. Each campus is a distinct value component, and there is no flagship. Like Texas the system has grown and changed significantly over the last 100 years. It has though remained true to its core mission, to provide a high quality education that's affordable and accessible to enrich the lives of all potential students and enable them to become productive and contributing members of society. As Chair of the Senate's higher education committee, I'm delighted to welcome some distinguished Texas State University leaders to the Senate floor today. Will they please step forward as I call their names. Board of regents Chair, Chair Charlie Amato of San Antonio; Vice Chair Donna Williams, Regent Rossanna Salazar, Regent Jaime Garza and Brian McCall. Mr. President and members, please join me in welcoming this delegation as I move adoption of House Concurrent Resolution 100 commemorating the 100th anniversary of the founding of the Texas State University system. Welcome to the Texas Senate.

SENATOR KEVIN ELTIFE: Senator Zaffirini moves adoption of the resolution, is there objection? Chair hears none, resolution is adopted. Thank you, Senator Zaffirini. The Chair lays out the following resolution. Secretary please read the resolution.

PATSY SPAW: Senate Concurrent Resolution No. 45, WHEREAS, The Legislature of the State of Texas is pleased to recognize Otto P. Scharth on the occasion of his 88th birthday; and WHEREAS, This distinguished gentleman served the nation with honor and distinction in the United States Army for 32 years, retiring with the rank of colonel; and WHEREAS, Mr. Scharth enlisted in military service in 1943 and served as a combat infantryman in the European theater of operations during World War II; he went on to lead a special operations unit during the Huk Rebellion in the Philippines, to serve as a heavy weapons company commander in Korea, and to work as a senior logistics planner during the Vietnam War; and WHEREAS, Following his retirement from the armed forces in 1975, he served as director of military affairs at the University of Mary Hardin-Baylor, where he worked with diligence and professionalism to ensure that soldiers and their family members could pursue a college education; and WHEREAS, Mr. Scharth has been a leader in the Belton community, organizing and leading the Belton Kiwanis Club and the Fort Hood chapter of the Military Order of the World Wars; he has made numerous educational presentations in area high schools and before civic and church groups throughout the region; and WHEREAS, A beloved and respected member of his community, he is known for his courage, his compassion for others, and his enthusiasm for living each day to the fullest; now, therefore, be it RESOLVED, That the 82nd Legislature of the State of Texas hereby commend Otto P. Scharth on his exceptional service to the nation and state and extend to him best wishes for a memorable 88th birthday; and, be it further RESOLVED, That a copy of this resolution be prepared for him as an expression of high regard from the Texas Legislature by Fraser.

SENATOR KEVIN ELTIFE: Members, could we have some order in the chamber? The Chair recognizes Senator Fraser on the resolution.

SENATOR TROY FRASER: Members, if I could get your attention here. We've got a wonderful person to introduce today. We have what I would call the ultimate war hero. Senator Birdwell and I were just talking about it, he said someone who has severed in two wars, that's pretty unusual. Three it just almost doesn't happen. Someone who has served in four wars, we're not sure if there's any that's out there that's still alive that's done it. We've got a wonderful person here today celebrating his 88th birthday, Colonel Otto P. Scharth is my constituent from Temple, Texas. Colonel Scharth was born 88 years ago today. He joined America's Army from Illinois in 1943. Served out as a combat engineer during Europe during World War II, and at the end of that I understand he went to OCS school, was commissioned a second lieutenant of infantry, he chose to stay in. And over a 32 year career would see combat and three more wars, during the Philippine Hook rebellion in the late 40's and the Korean War in the 1950s and in Vietnam in 1960. In 1974 Colonel Scharth was assigned to Fort Hood and in '75 he retired and joined the faculty at the University of Mary Harden Baylor until 1990 when he turned his attention to his community as a local volunteer. We were sitting downstairs just then and I'm amazed of the wealth of knowledge of talking about being in Panama during the very, very interesting years, things going on in Cuba back in '62 of the things -- his involvement. This is amazing. Colonel Scrath is accompanied today by his youngest daughter Carol Jane Lamont and her husband Joseph Lamont, I think the one that originally approached us and we've got his middle daughter Elizabeth Ann Ingerson, she traveled here from Green Bay, Wisconsin for this special occasion and we're very honored today. We've got his oldest daughter Mary Sue Tilden. Mary Sue, hello. I know you're watching from New York city via webcast right now in honoring of your father. I know there's several other members that want to comment on this and I would yield the floor before the passage of the resolution.

SENATOR KEVIN ELTIFE: Senator Birdwell, you're recognized on the resolution.

SENATOR BRIAN BIRDWELL: Thank you, Mr. President. Thank you, members. Senator Fraser, thank you for bringing this resolution. It is indeed very rare that you find members of the military that have served in two combat theaters in two different times of war, three is nearly unheard of but four I would suspect that there is a handful of folks folk that may very well qualify the very same way Colonel Scharth has and we want to thank you for your service and dedication to at least four times of your life and in times of great difficulty. So thank you, Senator Fraser, for bringing this resolution, I'm happy to stand in support of it.

SENATOR KEVIN ELTIFE: Thank you, Senator Birdwell. Senator Lucio, you're recognized on the resolution.

SENATOR EDDIE LUCIO: Thank you, Mr. President and members. Senator, thank you for this wonderful resolution and it just brings memories of my childhood and growing up in a home who also found myself with a father who served side by side with our honoree. And let me say this, no matter where they were serving whether it was in North Africa or the Philippines or any other campaign, they were serving side by side as American soldiers. And I just know what this man represents to us and this state and this country and that is just the ultimate when it comes to citizenship, when it comes to commitment and dedication to his country. So I am so happy to be here. Brings back the memory of being one of ten kids and growing up in that little town of south Texas where our father preached Americanism and patriotism every day of his life to us. Being a great American was his ultimate goal for all of us and being respectful of the men and women in uniform obviously was second to none in our household. So I'm happy to stand beside you in honoring this great American. Colonel, we're honored to have you here on our floor and I hope you can serve as an example to all of us that we have to come together as one United States, one united country under God to do the right thing for its people. Thank you very much.

SENATOR KEVIN ELTIFE: Thank you, Senator Lucio. Senator Van de Putte, you're recognized on the resolution.

SENATOR LETICIA VAN DE PUTTE: Thank you, Senator Fraser, for bringing this wonderful gentleman to the Senate floor so we can honor his contributions. Colonel, we are here today because of your efforts. It is because of you and the generation of Americans who have answered the call and you being very special that you will I think fought the combat theater in the four different arenas but we're here debating today in this wonderful freedom and gallery guests because of the men and women who have served in the military and made sure that we have the protection of free speech that we have this beautiful democracy. So on behalf of the members of the Senate, we are so pleased to honor you today because you are the reminder that our freedom doesn't come without a price. Thank you, Senator Fraser.

SENATOR KEVIN ELTIFE: Thank you, Senator Van de Putte. Senator Ellis, you're recognized on the resolution.

SENATOR RODNEY ELLIS: Just briefly I want to thank Senator Fraser for bringing up this resolution and I want to say happy birthday to Mr. Schart and I also want to say to the members that he got up and got in his car and drove here on his own and I know none of us are physical fitness buffs but, sir, thank you for your service to the country and reminding us that we too need to strive to be like you on our 88th birthday as well. Thank you for being here.

SENATOR KEVIN ELTIFE: Thank you, Senator Ellis. Senator Hinojosa, you're recognized on the resolution.

SENATOR JUAN HINOJOSA: Thank you, Mr. President. I rise to honor this great American. I always thought it's really amazing, I always speak on the generations and generations of Americans who went to volunteer, who went and stand up to fight for our country and freedom. In my family, Senator Fraser, I have five brothers, and all of them served in the military. So it's always a family joined commitment in fighting for our country. My brothers served in the Army, Air Force, Navy, Marines, so I try to cover all bases and I want to thank you for your service, and I hope to get to live to the age of 88 and still be able to enjoy the freedom that we have in our country. So thank you so much for your service and thank you so much for being here with us in the Senate today.

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

SENATOR TROY FRASER: Could I close on this, please? I wanted to recognize that he represents the greatest generation but he also is one of those few that extended back into the next generation for 32 years. The reason that we can stand in freedom today is because of the sacrifices of men like you. Thank you for your service to our country and happy birthday, Otto.

SENATOR KEVIN ELTIFE: Thank you, Senator Fraser. Senator Williams, you're recognized.

SENATOR TOMMY WILLIAMS: Mr. President, I move that we add all members' names to the resolution.

SENATOR KEVIN ELTIFE: Members, you have heard the motion by Senator Williams, is there objection? So ordered. Thank you, Senator Williams. The Chair recognizes Senator West to introduce the doctor of the day.

SENATOR ROYCE WEST: Thank you very much, Mr. President. At this time the physician of the day is Thomas Shima DO of Dallas and so let's give hum -- let's welcome him to the state Senate and thank him for volunteering today.

SENATOR KEVIN ELTIFE: Thank you, Senator West. Thank you, Doctor, for being here today. Senator Uresti, would you like to be recognized for an introduction.

SENATOR CARLOS URESTI: Mr. President, I'm going to wait until we bring up the resolution by Van de Putte.

SENATOR KEVIN ELTIFE: That's fine. Thank you. The Chair recognizes Senator West for an introduction.

SENATOR ROYCE WEST: Thank you very much, Mr. President. I'd like to recognize members of the American Heart Association. They're volunteering. They have the theme -- the theme of America Stroke Month 2011 is take two and save two. The goal is to take two minutes to save two lives, two health messages to two people who they know may smoke, be overweight, have high blood pressure, or family history of heart disease or stroke. And are there for an increased risk of being disabled or dying from stroke and another goal is to take the power of stroke chance to recognize stroke in African Americans who are particularly at risk. Members, they're in the northeast gallery. I'm going to ask them to stand and let's recognize them today and thank them for coming to the state Senate.

SENATOR KEVIN ELTIFE: Thank you, Senator West. Chair lays out the following resolution. Secretary please read the resolution.

PATSY SPAW: Senate Resolution 866, WHEREAS, The Senate of the State of Texas is pleased to recognize Amber Pickens, who has been accepted to The Julliard School and awarded a fellowship with the Alvin Ailey American Dance Theater School for Summer Studies in New York; and WHEREAS, A senior at Booker T. Washington High School for the Performing and Visual Arts in Dallas, Amber is the only dance or acting student admitted to The Julliard School for the 2011-2012 academic year; she will study in the Dance Division's four-year bachelor of fine arts program, which also includes a liberal arts component; and WHEREAS, Considered one of the most prestigious performing arts conservatories in the world, The Julliard School offers its students the opportunity to join a community of accomplished performing artists from around the world in a challenging and rigorous educational setting; and WHEREAS, Before beginning her career at The Julliard School, Amber will participate in the Ailey Fellowship Program in New York this summer; this exceptional program embodies the standards and ideals of Alvin Ailey, one of the 20th century's foremost practitioners of dance and choreography; and WHEREAS, Through the years, Amber has received numerous awards and citations for her work, including being named a Texas Young Master of the Arts by the Texas Commission on the Arts and a Young Arts 2011 Honorable Mention Winner by the National Foundation for Advancement in the Arts; she is truly deserving of recognition for her dedication and commitment to developing her talent; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 82nd Legislature, hereby commend Amber Pickens on her many outstanding achievements and extend to her congratulations on being accepted to The Julliard School and receiving a fellowship from the Alvin Ailey American Dance Theater School; and, be it further RESOLVED, That a copy of this Resolution be prepared for her as an expression of high regard from the Texas Senate.

SENATOR KEVIN ELTIFE: The Chair recognizes Senator West on the resolution.

SENATOR ROYCE WEST: Mr. President, may we have some order on the floor?

SENATOR KEVIN ELTIFE: Members, could we have some order on the floor?

SENATOR ROYCE WEST: I stand peacock proud today and recognize Texas' newest premier dancer Dallas Independent School District student Amber Pickens. Amber has studied dance since the age of three and on the 31st day of this particular month, she will become a graduate of that prestigious high school Booker T. Washington School of Performing Arts in the senior dance cluster. Mr. President and members, after participating in a fellowship with the Alvin Haley American Dance Theater School in New York this summer, she will begin this fall as one of 12 females accepted. Twelve females members worldwide accepted to the Julliard school, bachelor of fine arts and dance program representing the sole 2011 Texas high school graduate accepted for the upcoming 2011-12, academic year. The Julliard school considering one of the most prestigious performing arts conservatories in the universe -- I am sorry, I mean the world, I'll say the universe. Ms. Pickens was named by the Texas Commission of the Arts as a member of the 2008 class of Texas young masters for the arts recognizing her as one of 15 Texas students recognized for exceptional artistic talents in dance. The Texas Commission on Arts Program provided her a three year annual grant of $2500 which she has used to broaden her experience under training and dance and leadership of Tracy Loman. Melinda Person and the late Denise Jeffsite at the Alvin Haley School in New York. She was recognized by the National Foundation for Advancement of the Arts as a young arts 2011 honorable mention winner for her exceptional artistic achievement in modern and African dance. The program at Julliard is an opportunity to join a community of accomplished performing arts and challenging education. Amber is joined on the floor -- amber is joined on the floor by her mama -- I'm sorry, her mother, excuse me, Windsor Barbee. In the gallery she has a bevy of well wishes from Senate district 23 that are with her and I'm going to ask them to stand up so we can recognize them. So, members, today at noon Amber will be performing in the Capitol rotunda. And so, Mr. President, and members, I'd ask that we acknowledge Amber for everything she's done thus far and I want you to take a good look at a Texas rose, a Texas star that you will be seeing in the future. Mr. President and members, I move adoption of SR866.

SENATOR KEVIN ELTIFE: Members, Senator West moves adoption of the resolution. Is there objection? Chair hears none, resolution is adopted. The Chair recognizes Senator Fraser for an introduction.

SENATOR TROY FRASER: Thank you, Mr. President and members. Will you please help me welcome today the Rising Start Independent School debate team led by their coach and superintendent Max Thompson. With us today are 11 students ranging from grade 7 grade to senior. All 11 of these students have qualified for the upcoming national debate competitions to be held in Dallas and Washington, D.C. I congratulate them for their hard work, wish them the best of luck at their competitions. Members, please recognize the Rising Star Independent School district debate team in the Senate gallery.

SENATOR KEVIN ELTIFE: Thank you, Senator Fraser. Welcome to the Texas Senate. Chair lays out the following resolution. Secretary read the resolution.

PATSY SPAW: Senate Resolution 924: WHEREAS, The Senate of the State of Texas is pleased to recognize the H-E-B Excellence in Education Awards program and the recipients of the 2011 Excellence in Education Awards; and WHEREAS, Created in 2002, the H-E-B Excellence in Education Awards were established to honor outstanding public school professionals and to thank them for their dedication and commitment; and WHEREAS, The awards honor one elementary school teacher and one high school teacher in each of three categories, based on length of service; they also honor one elementary school principal and one high school principal as well as one large and one small school district; in honor of the 10th annual awards, a new award category has been introduced; this year, 10 campuses are being recognized with the H-E-B Fit Campus Award; and WHEREAS, H-E-B seeks to pay tribute to those educators and administrators who go the extra mile each and every day to serve their students and their communities and who inspire others to do the same; and WHEREAS, The Excellence in Education Awards are designed to recognize educators who demonstrate exceptional commitment to student achievement by developing innovative programs, by bringing about increased parental and community involvement, or by creating professional development opportunities; and WHEREAS, The Excellence in Education Awards are proud to recognize the outstanding efforts of Texas educators who are building the future of Texas by educating our next generation of leaders; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 82nd Legislature, hereby commend H-E-B on its worthy program and congratulate the educators who have been selected as the 2011 recipients of the H-E-B Excellence in Education Awards and extend to all best wishes for the future; and, be it further RESOLVED, That a copy of this Resolution be prepared in honor of the H-E-B Excellence in Education Awards program and as an expression of esteem from the Texas Senate.

SENATOR KEVIN ELTIFE: Chair recognizes Senator Van de Putte on the resolution.

SENATOR LETICIA VAN DE PUTTE: Thank you, Mr. President. Mr. President and members, the backbone of our Texas educational structure is our educators, our teachers, our school districts, they are vital for our children's future and Texas economic future. Today we celebrate the public school professionals whose leadership and dedication inspire a love of learning in all of their students, students of all backgrounds and abilities. With more than over $600,000 in cash prizes awarded to deserving teachers, principals and school districts the HEB excellence and educational awards is the largest monetary recognition programs for educators in Texas and is one of the largest of these programs in the country. With much anticipation the recipients were announced last night and today we enthusiastically welcome them to the Texas Senate. Sitting in the West gallery it is my distinct pleasure to recognize our 2011 HEB excellence and education winners. I'd like to read out their names and I know there are several senators who are intimately aware of their progress and leadership in their home communities. In the rising star category Lindsey Richards. And I would ask that you stand when we call your name. From Wilderness Oak Elementary, Senator Wentworth's district. Dr. Nghia Le, from Booker T. Washington High School in Senator Whitmire's district. In the leadership category Jimmie Lynn Walker from Cambridge Elementary, also in Senator Wentworth's district. And Rochelle Grace McAllen, Memorial High School in Senator Lucio's district. Now, not present today but receiving in the lifetime achievement category is Richard Landman, he is from Forest Ridge Elementary in Senator Ogden's district. We also have Yoland Fernandez, Ms. Hernandez, if you'd stand, from Del Rio High School in Senator Uresti's district. In the principal category, principal Gaylin Hosta from Luther Jones Elementary in Senator Hinojosa's district and principle David Gonzales from George Washington Middle School from Senator Zaffirini's district. In small school category Splendora ISD, Senator Williams' district. But I don't know if there's anyone here from Splendora. And in the large district category Harlindale ISD in Senator Uresti's district. Mr. President, I yield now to members of the Senate who would wish to identify and speak on their winners who are present here today.

SENATOR KEVIN ELTIFE: Thank you, Senator Van de Putte. Senator Uresti, you're recognized on the resolution.

SENATOR CARLOS URESTI: Thank you, Mr. President and members. Good morning. I rise in support of Senate Resolution 974 and I had the opportunity to attend the events last evening and what an event. I would also like to recognize from my district Yoland Fernandez for doing an outstanding job, I think it's clear that all the students love you and the administrators as well and I hope you carry that passion that I saw last night throughout the remaining years where you teach and mentor our students in Del Rio and tell them all I said hello as well. Members, we also have another special group Harlingen Independent School District which is the district that I graduated from on the south side of San Antonio. It has two high schools Harlindale and McCollum. Harlindale Indians and McCollum Cowboys, get em cowboys. But with us in the gallery we have the superintendent Bobbie Jacklidge, Bobbie, raise your hand. We also have Ms. Brock as well. We have some of our board members Joshua Cerna, Anthony L. Cassette. We have one of our leaders, great leaders in our community Josie Scales and a man that many of you may know Jim Adams and some other staff and family from Harlindale school district. And to all of you I want to say I'm so proud, so proud to see Harlindale Independent School District achieve what they've achieved over the last several years and be recognized as the number one school district in Texas at over a thousand school districts that this small school district that resides within a 14-mile area poor neighborhoods but a lot of heart, a lot of passion and a lot of compassion and it's in large part to you and the community leaders and my hat's off to you, Harlindale. I couldn't be more prouder than I am.

SENATOR KEVIN ELTIFE: Thank you, Senator Uresti. Senator Hinojosa, you're recognized on the resolution.

SENATOR JUAN HINOJOSA: Thank you, Mr. President and members. I had to tell you I always talk about education. Education is the best equalizer we have in society, education is the very important biggest power and knowledge to our students but education wouldn't be possible without our teachers and principals and all those people who are committed to excellence especially HEB where I do a lot of my shopping, meet a lot of my constituents, I thank HEB. But for me I have up in the gallery Ms. Gaylin Halstead who is the principal of Ruth Ann Jones Elementary in Corpus Christi. She has served as principal of that school for 14 years and she oversees 16 employees and 650 students each year. Ms. Halstead received her bachelor degree from Texas State University and masters degree from Texas A&M Corpus Christi. When I was a kid sometimes I would misbehave and they would take me to the principal's office so I understand your job very well. So please help me welcome Ms. Halstead. Thank you for being here.

SENATOR KEVIN ELTIFE: Thank you, Senator Hinojosa. Senator Lucio, you're recognized on the resolution.

SENATOR EDDIE LUCIO: Thank you, Mr. President and members. And thank you, Senator Van de Putte. One of the teachers who won the HEB excellence award last night is one of our most outstanding ones in the valley Ms. Rochelle Grace. Wave your hand there in the aqua outfit who teaches at McAllen Memorial High School in my district. She was the recipient of the leadership award for secondary schools. She is with us here today and I'm very pleased that I'm able to talk to her right after this introduction because I want to thank her. As a former educator I want to congratulate her for all her commitment to public education, her love of learning and leadership has made Ms. Grace a winner to the students she inspires every day. And I want to say this, members, we are so fortunate to have these dedicated educators who will make it possible for us to have an incredible new generation of leaders here in Texas. So congratulations, Ms. Grace, and congratulations to all the men when women, we are honoring here today. Congratulations.

SENATOR KEVIN ELTIFE: Thank you, Senator Lucio. Senator Zaffirini, you're recognized on the resolution.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. And thank you, Senator Van de Putte. It's my pleasure to rise in support of SR924 and thank you for sponsoring it. Recognizing the HEB 2011 excellence and educational awards truly is a pleasure. I'm especially glad to congratulate one of my constituents principal David Gonzales of Washington Middle School in Laredo which is a TEA recognized campus. Principal Gonzales' leadership and commitment to scholarship and academics have truly made a difference in the lives of his students. Why is he so successful? It is because he cares deeply about his students and because he prioritizes in involving the parents in the education. In his own words, he sees Washington Middle School as a place committed to providing a positive influence in the safe and nurturing environment by setting huge expectations for student success. As Chair of the Senate committee on higher education, I'm delighted to welcome him and all of our wonderful educators to the Texas Senate. Thank you, Senator Van de Putte.

SENATOR KEVIN ELTIFE: Thank you, Senator Zaffirini. Senator Davis, you're recognized on the resolution.

SENATOR WENDY DAVIS: Thank you, Mr. President. I rise in support of SR924 and thank you, Senator Van de Putte, for bringing this forward for us to have an opportunity this morning to congratulate these fine educators. I was not able to attend last night but I attended this event two years ago and I was so impressed by the field of competition for each category, of course the nominees and the incredible benefit that they're giving to children of our state is recounted in great detail and to be a person who rises above the cream that's in that crop and to be the award recipient in all of the categories in which you were awarded is really something to be incredibly proud of. The children in the state of Texas are very, very lucky to have all of you, your intelligence and dedication to their education and how fortunate we are for HEB, for Charles Butte in particular who's made his personal charge advancing and improving public education in the state of Texas. The way that Mr. Butte described this event to me a few years ago is that in his mind the teachers are truly the heroes in the world and how interesting it is that we celebrate our athletes, we celebrate our movie stars, we have Academy Awards for example but we don't do that for our educators and he sees this dinner as his opportunity to do that for each of you and we're just so fortunate to have him concentrating on making sure that you receive the applause and attention that you deserve for what you do. Thank you so very much for each one of you.

SENATOR KEVIN ELTIFE: Thank you, Senator Davis. Senator Wentworth, you're recognized on the resolution.

SENATOR JEFF WENTWORTH: Thank you, Mr. President. I rise in addition to add my support to Senate Resolution 924 and I want to particularly point out Lindsey Richards who's a Rising Star in the elementary category at Wilderness Oaks Elementary School in San Antonio, as well as Jimmie Linn Walker who has served somewhere between ten and 20 years at Cambridge Elementary. Actually I transferred into Cambridge Elementary from Harlindale in Senator Uresti's district for the last part of my elementary education and my youngest son, we transferred him from St. George Episcopal School to Georgetown and he had the choice to go to either Cambridge or Woodridge and he looked at both and he decided he'd rather go to Woodridge because Cambridge looked too big to him, he might get lost. So he went to Cambridge anyway and he got out just fine. I think in our society today, second only to the medical industry and the healing arts, public service and I include public school teachers in that group are among the highest calling in our society and I congratulate you for your service and thank you very much.

SENATOR KEVIN ELTIFE: Thank you, Senator Wentworth. Senator Whitmire, you're recognized on the resolution.

SENATOR JOHN WHITMIRE: Thank you, Mr. President and members and thank you, Senator Van de Putte, for bringing these outstanding scholars to our attention, teachers, administrators, I have the honor of having Mr. Nghia Le at Booker T. Washington and he knows what an important inner city school that is that produces outstanding students and only through the commitment and devotion of teachers like Mr. Le. I want to thank each and every one of the honorees because I know if you could put a face on the circumstances in which you are performing it would be remarkable to hear your individual stories. What I am going to do though is ask you why you're in the Capitol to lobby for some additional funding for public education. Because we can honor you all day long but if we let your class sizes grow to be too large and you don't have the support staff that you need and I could go on and on, you could tell it better than I can. So thank you for being here today but grab a couple of senators and representatives on your way out and tell them to continue to properly fund education. Thank you, Senator Van de Putte.

SENATOR KEVIN ELTIFE: Thank you, Senator Whitmire. Senator Van de Putte to close on the resolution.

SENATOR LETICIA VAN DE PUTTE: Thank you, Mr. President. Mr. President and members, it is indeed an honor to recognize these fabulous educators to their dedication and commitment but I also want to know the leadership of Mr. Charles Butte and his entire HEB team. Last night the HEB employees gathered together and with their contributions added $125,000 coming from the employees of HEB to be used for these excellence awards and I want to say a special hello to our teacher from Wilderness Oaks Elementary. You join my sister there Ms. Gonzales who is in her 29th year of teaching kindergarten and I know what a fabulous campus that is and how dedicated you are. Will all of you who are here today with the HEB award of excellence and education with the entire group so we can say thank you, congratulations for taking care of our future generations. Members, I move adoption of Senate Resolution 924.

SENATOR KEVIN ELTIFE: Members, you heard the motion by Senator Van de Putte. Is there objection? Chair hears none, resolution is adopted. Senator Watson, for what purpose?

SENATOR KIRK WATSON: An announcement.

SENATOR KEVIN ELTIFE: Proceed.

SENATOR KIRK WATSON: And a congratulations.

SENATOR KEVIN ELTIFE: Proceed.

SENATOR KIRK WATSON: Thank you, members. We are today celebrating the birthday of one of our members and I thought I would point out that today Senator Davis qualifies for social security. Happy birthday, Senator Davis. I may have my numbers wrong, I apologize. I may have my facts wrong. It is your birthday, right? Okay, I may have my numbering wrong, but happy birthday Senator Davis.

SENATOR KEVIN ELTIFE: Happy birthday, Senator Davis. Chair lays out the following resolution, secretary please read the resolution.

PATSY SPAW: Senate Resolution 938 congratulating the Lumbermen's Association of Texas on the occasion of its 125th anniversary by Carona.

SENATOR KEVIN ELTIFE: The Chair recognizes Senator Carona on the resolution.

SENATOR JOHN CARONA: Thank you, Mr. President. Mr. President and members, today we do have the pleasure of recognizing the Lumbermen's Association of Texas on the occasion of its 125th anniversary. Since the association's founding in 1886 the association and its members have played a vital role in the remarkable growth and development in this state. So please join me in welcoming the officers of the Lumbermen's Association who are our guests today on the Senate floor. We have with us Rufus Duncan, the 2011 president of the Lumbermen's Association, Robert Archer, the 2010 association president and Barbara Douglas the executive vice president of the Lumbermen's Association of Texas. Members, let's extend our congratulations to the Lumbermen's Association of Texas on this very special occasion of its 125th anniversary. Mr. President, I move adoption of Senate Resolution 938.

SENATOR KEVIN ELTIFE: Members, you have heard the motion by Senator Carona. Is there objection to the adoption? The Chair hears none, resolution is adopted. Thank you, Senator Carona. The Chair announces the signing of the following in the presence of the Senate.

PATSY SPAW: House Concurrent Resolution No. 171, House Concurrent Resolution 157, House Bill 457, House Bill 564, House Bill 994, House Bill 1147, House Bill 1251, House Bill 1753, House Bill 2012, House Bill 2375, House Bill 2991, House Bill 3287, SJR28, SCR45, SCR46, SCR52, SB198, SB250, SB279, SB529, SB551, SB748, SB758, SB1024, SB1107, SB1478, and SB1505.

SENATOR KEVIN ELTIFE: Members, if there's no objections we would like to postpone the reading and referral of bills until the end of today's session. Is there objection? Chair hears none, reading and referral is postponed. Senator Watson, you're recognized for a motion to suspend the regular order of business on Committee Substitute SB1574.

SENATOR KIRK WATSON: Thank you, Mr. President and members. This is a local bill that applies only to the city of Austin and Travis County. And I move to suspend the Senate's regular order of business to take up and consider at this time the Committee Substitute to Senate Bill 1574 relating to the use of tax increment funds to pay the cost of public improvements used for social service programs to promote the development or redevelopment of a zone. I move suspension of the rules.

SENATOR KEVIN ELTIFE: Senator Zaffirini, for what purpose?

SENATOR JUDITH ZAFFIRINI: To ask the author a question.

SENATOR KEVIN ELTIFE: Senator Watson yield?

SENATOR KIRK WATSON: I do.

SENATOR JUDITH ZAFFIRINI: Senator Watson you do have a co-sponsor on that bill, don't you?

SENATOR KIRK WATSON: I do and I appreciate you being a cosponsor of that bill. Thank you very much.

SENATOR JUDITH ZAFFIRINI: Thank you very much.

SENATOR KEVIN ELTIFE: Senator Watson along with his cosponsor Zaffirini moves suspension of the regular order of business to take up and consider Committee Substitute to SB1574. Is there objection? Chair hears none, rules are suspended. The Chair lays out on second reading Committee Substitute SB1574. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1574 relating to the use of money of the tax increment found pay cost for public improvement.

SENATOR KEVIN ELTIFE: Senator Watson's recognized for a motion.

SENATOR KIRK WATSON: Thank you, Mr. President. I move passage of Committee Substitute to Senate Bill 1574 to engrossment.

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

SENATOR KIRK WATSON: So moved.

SENATOR KEVIN ELTIFE: 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: 30 ayes, one nay, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to Senate Bill 1574. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 574 relating to use of money in a tax increment fund to cost related to a certain public use improvement.

SENATOR KEVIN ELTIFE: Senator Watson's recognized for a motion.

SENATOR KIRK WATSON: Thank you, Mr. President. I move final passage of the Committee Substitute Senate Bill 1574.

SENATOR KEVIN ELTIFE: Senator Watson now moves final passage of Committee Substitute to Senate Bill 1574. 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: 30 ayes, one nay, Committee Substitute SB1574 is finally passed. Congratulations, Senator Watson.

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

SENATOR KEVIN ELTIFE: Senator Estes is recognized for a motion to suspend the regular order of business on House Bill 1028.

SENATOR CRAIG ESTES: Thank you, Mr. President. Members, this bill is meant to reduce the number of subcontractors who act in good faith but lose their rights to retain funds in construction projects. Current law requires the owner construction project to retain 10 percent of each apartment to the general contractor to the benefit of the subcontractor and suppliers. When the project is completed, these funds are released to the general contractor who distributes them to subcontractors and suppliers. This bill alters the requirements and perfecting the lien on payment to make these requirements more flexible without hurting any of the parties involved. So I move to suspend the Senate's regular order of business to take up and consider House Bill 1390.

SENATOR KEVIN ELTIFE: Senator Estes moves to suspend the regular order of business to take up and consider House Bill 1028. Is there objection?

SENATOR CRAIG ESTES: I got the wrong bill again.

SENATOR KEVIN ELTIFE: Senator Estes, which bill did you describe?

SENATOR CRAIG ESTES: I'm talking about House Bill 1390.

SENATOR KEVIN ELTIFE: Okay. Members, let's -- we're going to move to House Bill 1390. That is the bill Senator Estes just described and we'll give the members a minute to make sure you're on the right bill. We're on House Bill 1390, members.

SENATOR CRAIG ESTES: Thank you, Mr. President.

SENATOR KEVIN ELTIFE: That's the bill Senator Estes has described and Senator Estes has moved suspension of the regular order of business to take up and consider House Bill 1390. Is there any objection? The Chair hears none, rule is suspended. The Chair lays out on second reading House Bill 1390. The secretary will read the caption.

PATSY SPAW: House Bill 1390 relating to retainage under certain construction contracts.

SENATOR KEVIN ELTIFE: Senator Estes is recognized for a motion.

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

SENATOR KEVIN ELTIFE: Senator Estes now moves passage to engrossment. Is there objection? Chair hears none, House Bill 1390 is passed to engrossment. Senator Estes, you're now recognized for a motion to suspend the constitutional three day rule.

SENATOR CRAIG ESTES: So moved, Mr. President.

SENATOR KEVIN ELTIFE: 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: 31 ayes and zero nays, rule is suspended. The Chair lays out on third reading and final passage House Bill 1390. The secretary will read the caption.

PATSY SPAW: House Bill 1390 relating to the retainage under certain construction contracts.

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

SENATOR CRAIG ESTES: I move final passage of House Bill 1390.

SENATOR KEVIN ELTIFE: Senator Estes now moves final passage of House Bill 1390. 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: 31 ayes, zero nays, House Bill 1390 is finally passed. Congratulations, Senator Estes. Senator Watson, you're recognized for a motion to suspend the regular order of business Committee Substitute SB555.

SENATOR KIRK WATSON: Thank you, Mr. President. I move to suspend the regular order of business to take up and consider at this time SB555 relating to certain LP gas or what are referred to as community propane systems and that charges the Railroad Commission to adopt rules to impose additional oversight of these missions. Members, I have a floor substitute that eliminates the fiscal note on the bill as it passed out of committee and it has been extensively negotiated with individual folks that are involved in the industry. So you'll get that in just a moment. I move suspension of the rules.

SENATOR KEVIN ELTIFE: Senator Watson moves suspension of the regular order of business to take up and consider Committee Substitute SB555. Is there -- 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: 23 ayes, eight nays, the rule is suspended. The Chair lays out on second reading Committee Substitute SB555. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 555 relating to the regulation of propane gas utility companies.

SENATOR KEVIN ELTIFE: The following amendment. Secretary would please read the amendment.

PATSY SPAW: Floor amendment No. 1 by Watson.

SENATOR KEVIN ELTIFE: Senator Watson to explain the amendment.

SENATOR KIRK WATSON: Thank you, Mr. President. Members, this floor amendment for Committee Substitute to Senate Bill 555 eliminates the fiscal note on the bill that passed out of committee and has been negotiated with individual members of the industry. Members, this bill defines -- what it does is it defines a distribution system retailer as a system that pipes and meters propanes from a centralized propane tank from ten or more homes. The bill does nothing to impact individual propane tanks or suppliers of individual propane tanks. The bill only impacts community systems and those make up less than 2 percent of the propane industry in Texas. These community systems are put in place when a developer doesn't have convenient access to natural gas lines and they want an alternative to individual propane tanks on their lots or different than all electric. A significant majority of these systems in Texas are located in Travis County. The reason we needed this legislation is that currently these providers are operating as unregulated monopoly utilities. They serve captive customers and are free to charge whatever they want for their service. The substitute will bring some consistency and transparency into how rates are set, prevent customers from being unfairly charged and give the Railroad Commission some oversight and authority to resolve complaints. Now, members, just to be clear, we've been negotiating this bill with the community propane system operators themselves and is not the Texas Propane Gas Association. Remember I said it makes up only 2 percent of what goes on in the propane industry in Texas. The association has not taken an issue with the floor substitute at this point but I hope to have a position from them soon. The community systems as I indicated represent less than 2 percent of the propane industry so I'm hopeful that the association will follow the system operators lead on this -- what we've now agreed to. I would move adoption of floor amendment No. 1.

SENATOR KEVIN ELTIFE: Senator Fraser, for what purpose?

SENATOR TROY FRASER: Question of the author, please.

SENATOR KEVIN ELTIFE: Senator Watson yield?

SENATOR KIRK WATSON: I'd be happy to.

SENATOR TROY FRASER: Senator, this has been actually a very interesting journey on this bill. This has been -- this bill's gone a long way since we started that, but I think the two things that you lay out that I think are very important words in this is that these people have a monopoly and they also have a captive audience where once these people are signed up they not only not have a choice but they also don't have a choice if the person that's administering this service decides to abuse these people. There's not the ability for recourse to get out; is that correct?

SENATOR KIRK WATSON: That's correct. And one of the things, as you know, as you helped point out in the committee when we brought what was a different bill out of the committee is that folks that could be on one of these systems, they could literally be across the street from someone that has a propane tank and the person with the propane tank would be receiving a much less price even though arguably they should be part of the efficiency of the system. What this bill does is works to make sure that they're going to receive the market value.

SENATOR TROY FRASER: One of the things that came out of the committee and I know that we kept coming back to is we kept talking about transparency. Is it some of these people that are in these captive monopolies, I get the impression all they're asking for is to be treated fatherly. They say, if you'll just put a little sunshine on this, you'll tell us what you're doing. We don't mind you making a profit, just don't abuse me and don't play hide the ball; is that correct?

SENATOR KIRK WATSON: I think that's correct, and I think we've achieved that in this agreement.

SENATOR TROY FRASER: Well, and that's -- as this has moved along I think it's an unusual subject of which obviously I've been very involved because the direction we're going we didn't want something that had a huge fiscal note, I think we removed that. We're trying to get something that's workable and interestingly one of the major players out there that had been involved actually has done a lot. We've been very, very involved in drafting the language on this and thinks it's good public policy.

SENATOR KIRK WATSON: That's right. And I appreciate you have helped push this along the way and asked the right questions and been very involved in it and have been a being help in us going through the journey we are now going through and I greatly appreciate that.

SENATOR TROY FRASER: Thank you.

SENATOR KEVIN ELTIFE: Thank you, Senator Fraser. Senator Harris, for what purpose?

SENATOR CHRIS HARRIS: Will the Senator yield for a question?

SENATOR KEVIN ELTIFE: Senator Watson yield?

SENATOR KIRK WATSON: Of course I will.

SENATOR CHRIS HARRIS: Thank you. What is a class C license?

SENATOR KIRK WATSON: Where are you looking, Senator? Because some of the language was negotiated language with one of the individual operators and I want to make sure I get the right spot. What are you looking at?

SENATOR CHRIS HARRIS: I'm looking at page on the first page.

SENATOR KIRK WATSON: That's a regulation that they do with the Railroad Commission where they currently have to register for pipeline safety.

SENATOR CHRIS HARRIS: Okay, now how are these contracts done? I mean, does the gas company go in and negotiate a contract with the city or what's it doing?

SENATOR KIRK WATSON: No. In fact that's part of the issue we were trying to resolve. Typically what happens is you have a place -- and let's say western Travis County where it's difficult to get natural gas lines because of the rock or the geography and so what happens in order for the developer to develop the area, they typically would enter into a contract with one of these providers and what the providers then do is say, we're going to put in a big tank, several tens of thousands of gallons of propane tank and then we will create distribution lines. So it ends up being a monopoly where they're not having to register with anybody, they just provide captive customers the propane from the central distribution system. So they don't have to go through a city, a county or anything like that.

SENATOR CHRIS HARRIS: Okay. That's what me confused. Thank you.

SENATOR KIRK WATSON: Thank you.

SENATOR KEVIN ELTIFE: Thank you, Senator Harris. Senator Watson has moved adoption of floor amendment No. 1. Is there objection? The Chair hears none, floor amendment No. 1 is adopted. Senator Watson, you're recognized for a motion.

SENATOR KIRK WATSON: Mr. President, I move that the Committee Substitute to Senate Bill 555 as amended passes to engrossment.

SENATOR KEVIN ELTIFE: Senator Watson now moves passage to engrossment. Is there objection? Chair hears none, Committee Substitute SB555 as amended is passed to engrossment. Senator Watson, you're recognized for a motion to suspend the constitutional three day rule.

SENATOR KIRK WATSON: So moved.

SENATOR KEVIN ELTIFE: 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: 25 ayes, six nay, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute SB555. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 555 relating to regulation of propane gas utility companies.

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

SENATOR KIRK WATSON: Mr. President, I move final passage of Committee Substitute SB555 as amended.

SENATOR KEVIN ELTIFE: Senator Watson moves passage of Committee Substitute to Senate Bill 555 as amended. 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: 26 ayes, five nays, Committee Substitute to Senate Bill 555 as amended is finally passed. Congratulations, Senator Watson.

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

SENATOR KEVIN ELTIFE: Mr. Doorkeeper.

MR. DOORKEEPER: Mr. President, there's a message 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 the House has taken the following action. The House has passed the following measures. HCR84 by Cane designating the --

SENATOR KEVIN ELTIFE: Thank you, Mr. Messenger. Senator Hegar is recognized for a motion to suspend the regular order of business on House Bill 413.

SENATOR GLENN HEGAR: Thank you, Mr. President and members. Under current law a veterinarian is only allowed to disclose confidential information relating to the care of certain animals under client circumstances such as written authorization of a client and by court order subpoena. House Bill 413 ensures that a vet does not commit a crime of confidentiality under the attorney client privilege law when turning over information necessary to prove that a charge or specific service was provided by the vet for the purposes of collecting a debt. And I would move to suspend the Senate's regular order of business to take up and consider House Bill 413.

SENATOR KEVIN ELTIFE: Senator Hegar moves suspension of the regular order of business to take up and consider House Bill 413. Is there objection? Chair hears none, rule is suspended. Chair lays out on second reading had been 413. The secretary will read the caption.

PATSY SPAW: House Bill 413 relating to the confidentiality of certain information held by a veterinarian.

SENATOR KEVIN ELTIFE: Following amendment. Secretary please read the amendment.

PATSY SPAW: Floor amendment No. 1 by Hegar.

SENATOR KEVIN ELTIFE: Senator Hegar to explain the amendment.

SENATOR GLENN HEGAR: Thank you, Mr. President and members. This amendment adds licensed health care professionals to the list of people a vet has the authority to share the confidential information with. And if there's no objection I would move adoption of floor amendment No. 1.

SENATOR KEVIN ELTIFE: Senator Hegar now moves adoption of floor amendment No. 1. Is there objection? Chair hears none, floor amendment No. 1 is adopted. Senator Hegar, you're recognized for a motion.

SENATOR GLENN HEGAR: Move passage to third reading.

SENATOR KEVIN ELTIFE: Senator Hegar now moves passage to third reading. Is there objection? Chair hears none, House Bill 413 is passed to third reading. Senator Hegar, you're recognized for a motion to suspend the constitutional three day rule.

SENATOR GLENN HEGAR: So moved.

SENATOR KEVIN ELTIFE: 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: 31 ayes and zero nays, rule is suspended. The Chair lays out on third reading and final passage House Bill 413 as amended. The secretary will read the caption.

PATSY SPAW: House Bill 413 relating to confidentiality of certain information held by a veterinarian.

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

SENATOR GLENN HEGAR: Move final passage.

SENATOR KEVIN ELTIFE: Senator Hegar now moves final passage of House Bill 413 as amended. 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: 31 ayes, zero nays, House Bill 413 is finally passed. Congratulations, Senator Hegar. Senator Zaffirini, for what purpose?

SENATOR JUDITH ZAFFIRINI: For an introduction, Mr. President.

SENATOR KEVIN ELTIFE: Go right ahead.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. Mr. President and members, we are honored today with the presence of commissioner Tommy Atkinson from Bexar County. He is at the back of the chamber, please join me in welcoming Commissioner Tommy Atkinson from Bexar County to the Texas Senate.

SENATOR KEVIN ELTIFE: Thank you, Senator Zaffirini. Welcome, commissioner. Senator Williams, you're recognized for a motion to suspend the regular order of business on House Bill 2277.

SENATOR TOMMY WILLIAMS: Thank you, Mr. President. Members, in 2007 Texas passed new suitability law based on the National Association of Insurance Commissioners model regulation of suitability and annuity transactions. The Congress and the Dot Franco legislation allows certain insurance annuity contracts to be exempt from federal regulation and continue to be regulated by the state of Texas if we adopt suitability requirements that meet or succeed requirements by the National Association of Insurance Commissioners model regulation and adopt those requirements within five years of the adoption of the model rules by the NACC. There were new rules adopted in 2010. This House Bill 2277 brings those rules into effect in Texas so that we can continue to regulate these annuity transactions here in Texas. Mr. President, I move to suspend the Senate's regular order of business to take up and consider House Bill 2277 by Eiland.

SENATOR KEVIN ELTIFE: Senator Williams moves suspension of the regular order of business to take up and consider House Bill 2277. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading House Bill 2277. The secretary will read the caption.

PATSY SPAW: House Bill 2277 relating to the exchange or sale of life insurance annuity contracts.

SENATOR KEVIN ELTIFE: Following amendment. Secretary please read the amendment.

PATSY SPAW: Floor amendment No. 1 by Carona.

SENATOR KEVIN ELTIFE: Senator Carona to explain the amendment.

SENATOR JOHN CARONA: Members, this amendment is simply a bill, Senate Bill 1213 that we passed out of this body two weeks ago 31 to zero, it deals with life transactions in our state. I understand that it's acceptable to the author.

SENATOR TOMMY WILLIAMS: It is acceptable. Just a little perfecting amendment.

SENATOR KEVIN ELTIFE: Following amendment to the amendment. Secretary read the amendment.

PATSY SPAW: Floor amendment No. 2 amending floor amendment No. 1 by Carona.

SENATOR KEVIN ELTIFE: Senator Carona to explain the amendment to the amendment.

SENATOR JOHN CARONA: Members, I do have this amendment to the amendment. Since the passage of Senate Bill 1213 from this body 31 to zero we've continued to work with the Texas Department of stakeholders in the life settlement industry to resolve a few remaining issues. What this amendment to the amendment does is clarify the disclosure process for life settlement transactions and it further defines the role of life expectancy and brokers and life settlement transactions. I move adoption of the amendment to the amendment.

SENATOR KEVIN ELTIFE: Senator Williams on the amendment to the amendment.

SENATOR TOMMY WILLIAMS: It's acceptable.

SENATOR KEVIN ELTIFE: Senator Carona moves adoption of the amendment to the amendment. It's acceptable to Williams. Is there objection? The Chair hears none, the amendment to the amendment is adopted. The question now is on the adoption of floor amendment No. 1 by Carona. He's moved adoption, is there objection? The Chair hears none, floor amendment No. 1 is adopted. Senator Williams, you're recognized for a motion. Senator Williams, you're up for a motion.

SENATOR TOMMY WILLIAMS: I move passage to third reading.

SENATOR KEVIN ELTIFE: Senator Williams now moves passage to third reading. Is there objection? Chair hears none, House Bill 2277 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 KEVIN ELTIFE: Secretary 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: 31 ayes, zero nays, rule is suspended. The Chair lays out on third reading and final passage House Bill 2277. The secretary will read the caption.

PATSY SPAW: House Bill 2277 relating to the sell or replacement of life insurance and annuity contracts.

SENATOR KEVIN ELTIFE: Senator Williams is recognized for a motion.

SENATOR TOMMY WILLIAMS: I move passage -- final passage.

SENATOR KEVIN ELTIFE: Senator Williams now moves final passage of House Bill 2277. 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: 31 ayes, zero nays, House Bill 2277 as amended is finally passed. Congratulations, Senator Williams. Senator Carona. Senator Carona is recognized for a motion to suspend the regular order of business on Committee Substitute SB1146.

SENATOR JOHN CARONA: Thank you, Mr. President. This is a bill that we have dealt with throughout the session, I've worked with a variety of different parties on. It's the appraisal management bill. Appraisal management companies are business entities that administer networks of independent appraisers to fulfill real estate appraisals assignments on behalf of lenders. We've done this work in anticipation of Dot Frank, it's one of the requirements and the Committee Substitute, was the result of all parties signing off on the language. I move at this time to suspend the Senate's regular order of business.

SENATOR KEVIN ELTIFE: Senator Carona moves suspension of the regular order of business to take up and consider Committee Substitute SB1146. Is there objection? Chair hears none, rules are suspended. The Chair lays out on second reading Committee Substitute SB1146. The secretary will read the caption.

PATSY SPAW: Committee Substitute House -- Committee Substitute House Bill 1146 relating to the registration and regulation of appraisal management companies.

SENATOR KEVIN ELTIFE: Senator Carona's recognized for a motion.

SENATOR JOHN CARONA: I move passage to third reading, Mr. President.

SENATOR KEVIN ELTIFE: Senator Carona now moves passage to third reading. Is there objection? Chair hears none, Committee Substitute SB1146 is passed to third reading. Senator Carona, you're recognized for a motion to suspend the constitutional three day rule.

SENATOR JOHN CARONA: So moved.

SENATOR KEVIN ELTIFE: 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: 28 ayes, three nay, rule is suspended. The Chair lays out on third reading and final passage Committee Substitute House Bill 1146. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 1146 relating to the registration and regulation of appraisal management companies.

SENATOR KEVIN ELTIFE: Senator Carona is recognized for a motion.

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

SENATOR KEVIN ELTIFE: Senator Carona now moves final passage of Committee Substitute to House Bill 1146. 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: 28 ayes, three nays, Committee Substitute House Bill 1146 is finally passed. Congratulations, Senator Carona. Senator West, you're recognized for a motion to suspend the regular order of business on House Bill 1106.

SENATOR ROYCE WEST: Mr. President and members, at this time I move to suspend the Senate's regular order of business to take up and consider House Bill 1106. Members, House Bill 1106 is basically a notice bill and the notice is that if an individual receives deferred adjudication, this particular legislation, once signed signed by the governor, would require the judge to give them notice that they can file a motion for nondisclosure after they have successfully completed deferred adjudication in eligible cases. Move suspension of the regular order of business.

SENATOR KEVIN ELTIFE: Senator West moves suspension of the regular order of business to take up and consider House Bill 1106. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading House Bill 1106. The secretary will read the caption.

PATSY SPAW: House Bill 1106 relating to certain information of a criminal defendant at the time the defendant is placed on deferred adjudication.

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

SENATOR ROYCE WEST: Move passage to third reading.

SENATOR KEVIN ELTIFE: Senator West now moves passage to third reading. Is there objection? Chair hears none, House Bill 1106 is passed to third reading. Senator West, you're recognized for a motion to suspend the constitutional three day rule.

SENATOR ROYCE WEST: So moved.

SENATOR KEVIN ELTIFE: 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: 31 ayes, zero nays, rule is suspended. The Chair lays out on third reading and final passage. The secretary will read the caption.

PATSY SPAW: House Bill 1106 relating to providing information for criminal defendant at the time the defendant is placed on deferred adjudication.

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

SENATOR ROYCE WEST: Move final passage of House Bill 1106.

SENATOR KEVIN ELTIFE: Senator West now moves final passage of House Bill 1106. 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: 31 ayes, zero nays, House Bill 1106 finally passed. Congratulations, Senator West. Senator Estes are you ready on 1028? Senator Estes, you're recognized for a motion to suspend the regular order of business on House Bill 1028.

SENATOR CRAIG ESTES: Thank you, Mr. President. That is House Bill 1028, am I correct?

SENATOR KEVIN ELTIFE: Yes, sir.

SENATOR CRAIG ESTES: Members, the goal of this bill is to protect members of crimes from having to deal with the person who harmed them. Under current law a defender who is released from parole can be prohibited from contact with the victim crime as a condition of his parole. However current law does not expressly authorize a court to prohibit an offender from contacting the victim during his term of imprisonment. This bill would give courts express authorization to issue no contact orders to convicted defendants. It provides that violation of these no contact orders would be punished by forfeiture of good contact time and the parole boards could consider violation. All of the bills provisions are discretionary, it creates no mandatory orders or businesses. This bill passed the House on local and consent calendar. So Mr. President, I move to suspend the regular order of business to take up and consider House Bill 1028.

SENATOR KEVIN ELTIFE: Senator Estes move suspension of the regular order of business to take up and consider House Bill 1028. Is there objection? Chair hears none, rule is suspended. The Chair lays out on second reading House Bill 1028. The secretary will read the caption.

PATSY SPAW: House Bill 1028 relating to certain contact for a criminal defendant and the victim of the offense.

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

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

SENATOR KEVIN ELTIFE: Senator Estes now moves passage to third reading. Is there objection? Chair hears none, House Bill 1028 is passed to third reading. Senator Estes, you're recognized for a motion to suspend the constitutional three day rule.

SENATOR CRAIG ESTES: So moved.

SENATOR KEVIN ELTIFE: 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: 31 ayes, zero nay, rule is suspended. The Chair lays out on third reading and final passage. The secretary will read the caption.

PATSY SPAW: House Bill 1028 relating to certain contact between the criminal defendant and the victim of the offense.

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

SENATOR CRAIG ESTES: Mr. President, I move final passage of House Bill 1028.

SENATOR KEVIN ELTIFE: Senator Carona now moves final passage of House Bill 1028. 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: 31 ayes, zero nays, House Bill 1028 is finally passed. Congratulations, Senator Estes.

SENATOR CRAIG ESTES: Thank you, Mr. President.

SENATOR KEVIN ELTIFE: Senator West is recognized for a motion to suspend the regular order of business on House Bill 1123.

SENATOR ROYCE WEST: Mr. President and members, at this time I move to suspend the Senate's regular order of business to take up and consider House Bill 1103 relating to the regulation of athlete agents and providing administrative penalties. Mr. President and members, if a student athlete receives moneys, money gift or anything of value from an agent, the student athlete can lose their scholarship and the student athlete could face severe consequences. House Bill 1123 seeks to hold athlete agents accountable for their actions for strict and criminal penalties for agents who violate certain regulations and by requiring an athlete agent to deposit a surety bond with the secretary of state before contacting an athlete or enter into an agency agreement. Move suspension of the regular order of business.

SENATOR KEVIN ELTIFE: Senator West moves suspension of the regular order of business to take up and consider House Bill 1123. Is there objection? Chair hears none, rules are suspended. The Chair lays out on second reading House Bill 1123. The secretary will read the caption.

PATSY SPAW: House Bill 1123 relating to the regulation of athlete agents.

SENATOR KEVIN ELTIFE: The following committee amendment. Secretary please read the amendment.

PATSY SPAW: Committee amendment No. 1.

SENATOR KEVIN ELTIFE: The Chair recognizes Senator West on committee amendment No. 1.

SENATOR ROYCE WEST: Thank you very much, Mr. President. This amendment was an amendment that was requested by the secretary of state's office in a substitute arrest for -- strikes arrest for and convicted of and the reason is that the agent that the secretary of state wanted to make certain it had discretion concerning how to deal with individuals that are, in fact, convicted. Move adoption of amendment No. 1.

SENATOR KEVIN ELTIFE: Senator West moves adoption of committee amendment No. 1 Is there objection? Chair hears none, amendment is adopted. Senator West is recognized for a motion.

SENATOR ROYCE WEST: Move passage to third reading.

SENATOR KEVIN ELTIFE: Senator West now moves passage to third reading. Is there objection? Chair hears none, had been 1123 as amended is passed to third reading. Senator West is recognized for a motion to suspend the constitutional three day rule.

SENATOR ROYCE WEST: So moved.

SENATOR KEVIN ELTIFE: 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: 29 ayes, two nay, rule is suspended. The Chair lays out on third reading and final passage House Bill 1123. The secretary will read the caption.

PATSY SPAW: House Bill 1123 relating to regulation of athlete agents.

SENATOR KEVIN ELTIFE: Senator West is recognized for a motion.

SENATOR ROYCE WEST: Move final passage of House Bill 1123.

SENATOR KEVIN ELTIFE: Senator West now moves final passage of House Bill 1123. 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: 29 ayes, two nays, House Bill 1123 is finally passed. Congratulations, Senator West. Senator Shapiro is recognized for a motion to suspend the regular order of business on House Bill 34.

SENATOR FLORENCE SHAPIRO: Thank you, Mr. President and members. I move to suspend the Senate's regular order of business to take up and consider House Bill 34. This bill ensures that high school students learn about financing post secondary education and training. While the current financial literacy curriculum in high school includes important aspects of real life financial situations, the inclusion of knowledge and tools related to paying for a postsecondary education is crucial to meeting our state's education goals. This bill directs the state board of education to specifically include methods of paying for post secondary education in the financial literacy curriculum. I move to suspend the Senate's regular order of business at this time.

SENATOR KEVIN ELTIFE: Senator Shapiro moves to suspend the Senate's regular order of business to take up and consider House Bill 34. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading House Bill 34. The secretary will read the caption.

PATSY SPAW: House Bill 34 relating to including in the public high school curriculum relating to payment of a secondary education training.

SENATOR KEVIN ELTIFE: Following amendment. Secretary please read the amendment.

PATSY SPAW: Floor amendment No. 1 by West.

SENATOR KEVIN ELTIFE: We'll make sure all the members have the amendment before we explain it. Senator West to explain the amendment.

SENATOR FLORENCE SHAPIRO: Good amendment, Senator West.

SENATOR ROYCE WEST: Thank you very much. This bill requires financial literacy and instructions on how to pay for our college and financial aid during the required economic scores for high school students.

SENATOR FLORENCE SHAPIRO: I believe, Senator West, I believe we wanted to make sure that this course was also taken into consideration with the dual credit.

SENATOR ROYCE WEST: Exactly. I was getting ready to say that.

SENATOR KEVIN ELTIFE: Members, would you like more explanation from Senator West?

SENATOR FLORENCE SHAPIRO: No, it's excellent. He did an excellent job.

SENATOR KEVIN ELTIFE: Members, Senator West moves adoption of floor amendment No. 1. It's acceptable to Shapiro.

SENATOR ROYCE WEST: Thank you very much, thank you very much.

SENATOR KEVIN ELTIFE: Is there objection?

SENATOR FLORENCE SHAPIRO: One of your better amendments, I might add.

SENATOR KEVIN ELTIFE: Chair hears none, amendment is adopted. The Chair recognizes Senator Shapiro on a motion.

SENATOR FLORENCE SHAPIRO: Move passage to third reading of HB34 as amended.

SENATOR KEVIN ELTIFE: Senator Shapiro now moves passage to third reading. Is there objection? Chair hears none, House Bill 34 as amended is passed to third reading. Senator Shapiro is recognized for a motion to suspend the constitutional three day rule.

SENATOR FLORENCE SHAPIRO: So moved.

SENATOR KEVIN ELTIFE: 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: 31 ayes and zero nays, rule is suspended. The Chair lays out on third reading and final passage House Bill 34. The secretary will read the caption.

PATSY SPAW: House Bill 34 relating to high school curriculum instruction and method s of paying for a postsecondary education training.

SENATOR KEVIN ELTIFE: Senator Shapiro is recognized for a motion.

SENATOR FLORENCE SHAPIRO: Mr. President and members, I move final passage of HB34 as amended.

SENATOR KEVIN ELTIFE: Senator Shapiro now moves final passage of House Bill 34 as amended. 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: 31 ayes and zero nay, House Bill 34 is finally passed. Congratulations, Senator Shapiro.

SENATOR FLORENCE SHAPIRO: Thank you, Mr. President and members and, Senator West, for your fine amendment.

SENATOR KEVIN ELTIFE: Senator Ellis is recognized for a motion to suspend the regular order of business on House Bill 27.

SENATOR RODNEY ELLIS: Thank you, Mr. President and members. House Bill 27 simply provides all misdemeanor defendants who can't pay court fines with the ability to pay court costs in installments. If the judge determines that the defendant cannot set up immediately the court will offer a payment plan to the defendant when defendants can't pay their fines. And court cost payment plans encourage fulfillment of those financial obligations by easing the financial burden. The fiscal note says there's no impact to the state. I move to suspend the Senate's regular order of business to take up and consider House Bill 27.

SENATOR KEVIN ELTIFE: Senator Ellis moves suspension of the regular order of business to take up and consider House Bill 27. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading had been 27. The secretary will read the caption.

PATSY SPAW: House Bill 27 relating to the cost and payment of defendants who are unable to pay the fines.

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

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

SENATOR KEVIN ELTIFE: Senator Ellis now moves final third reading. Is there objection? Chair hears none, rule is suspended. Senator Ellis is recognized for a motion to suspend the constitutional three day rule.

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

SENATOR KEVIN ELTIFE: 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: 28 ayes, three nays, rule is suspended. The Chair lays out on third reading and final passage House Bill 27. The secretary will read the caption.

PATSY SPAW: House Bill 27 relating to payment and cost by a defendant who are unable to pay the fines and cost in a misdemeanor case.

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

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

SENATOR KEVIN ELTIFE: Senator Ellis now moves final passage of House Bill 27. 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: 28 ayes, three nays, House Bill 27 is finally passed. Congratulations, Senator Ellis.

SENATOR RODNEY ELLIS: Thank you.

SENATOR KEVIN ELTIFE: Senator Jackson is recognized for a motion to suspend the regular order of business on Committee Substitute to House Bill 2457.

SENATOR MIKE JACKSON: Thank you, Mr. President. The Committee Substitute for House Bill 2457 deals with the Texas Enterprise Fund and the Emerging Technology Fund. It's the same language we passed here just the other day 31 to nothing out of the Senate. Only difference was that was a Senate bill, this is a House bill. So these ideas and these contents, the amendments that went into the bill in committee were a culmination between the lieutenant governor's office, the governor's office and everyone involved there, so these two funds are important and I would move that we suspend the Senate's regular order of business to take up and consider Committee Substitute for House Bill 2457.

SENATOR KEVIN ELTIFE: Senator Jackson move to suspend the regular order of business to take up and consider Committee Substitute to House Bill 2457. Is there objection? Chair hears none, rules are suspended. The Chair lays out on second reading Committee Substitute House Bill 2457. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 2457 relating to the Texas enterprise fund and the Texas emerging technology fund.

SENATOR KEVIN ELTIFE: Following amendment. Secretary read the amendment.

PATSY SPAW: Floor amendment No. 1 by Ogden.

SENATOR KEVIN ELTIFE: Senator Hinojosa to explain the amendment for Senator Ogden. Senator Hinojosa, you're recognized.

SENATOR JUAN HINOJOSA: Thank you, Mr. President and members. My amendment would expand the allowable use of the Texas enterprise fund to include grant awards under the Texas homeless housing and service program. It would also extend for grants for the jobs and education for Texas fund administered by the comptroller. The amendment will also address reporting requirements for such use in those uses and grants and I think it's acceptable to the author. I will move adoption.

SENATOR KEVIN ELTIFE: Senator Jackson on floor amendment No. 1.

SENATOR MIKE JACKSON: It's acceptable.

SENATOR KEVIN ELTIFE: Senator Hinojosa moves adoption of floor amendment No. 1. It is acceptable to Senator Jackson. Is there objection? Chair hears none, amendment is adopted. Floor amendment No. 2. Secretary read the amendment.

PATSY SPAW: Floor amendment No. 2 by Davis.

SENATOR KEVIN ELTIFE: Senator Davis to explain the amendment.

SENATOR WENDY DAVIS: Thank you, Mr. President and thank you, Senator Jackson, for your good work on this bill. I think this is one of the most important pieces of legislation that will pass through this Capitol this session. I know that you worked with a number of people in putting it together and it's a really good work product. What this amendment would be to do would be to add a claw back provision to the bill. It simply says if a company receives from the enterprise fund and does not meet its contractual job creation goals, it must return to the state in proportion to the percentage of jobs that it fails to create. There have been numerous articles of course written about the failure of the fund to meet job creation goals or the fund recipients to meet those goals, that when some companies fail to meet the goals their contracts are amended to either extend the time they have to create the jobs or have their job creation goals reduced. I would move adoption of the amendment.

SENATOR KEVIN ELTIFE: Senator Jackson on the amendment.

SENATOR MIKE JACKSON: It's acceptable.

SENATOR KEVIN ELTIFE: Senator Davis moves adoption of floor amendment No. 2. It's acceptable to the author Senator Jackson. Is there objection? Chair hears none, floor amendment No. 2 is adopted.

SENATOR WENDY DAVIS: Thank you.

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

SENATOR MIKE JACKSON: Move passage to third reading, Mr. President.

SENATOR KEVIN ELTIFE: Senator Jackson moves passage to third reading. Is there objection? Chair hears none, Committee Substitute House Bill 2457 as amended is passed to third reading. Senator Jackson, you're recognized for a motion to suspend the constitutional three day rule.

SENATOR MIKE JACKSON: So moved.

SENATOR KEVIN ELTIFE: 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: 31 ayes and zero nays, rule is suspended. The Chair lays out on third reading and final passage House Bill 2457. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 2457 relating to the Texas enterprise fund.

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

SENATOR MIKE JACKSON: I move final passage on Committee Substitute to House Bill 2457, Mr. President.

SENATOR KEVIN ELTIFE: Senator Jackson now moves final passage of Committee Substitute to House Bill 2457 as amended. 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: 31 ayes, zero nay, Committee Substitute to House Bill 2457 is finally passed. Congratulations, Senator Jackson.

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

SENATOR KEVIN ELTIFE: Senator Ellis is recognized for a motion to suspend the regular order of business on House Bill 2229.

SENATOR RODNEY ELLIS: Thank you, Mr. President. This bill will codify the Texas HIV Advisory Committee. The HIV medication program is administered by the Department of Health Services and provides over 50 different kinds of medications for the treatment of HIV and opportunistic infections for low income Texans. The HIV Medication Program Advisory Committee was established in 1989 to make recommendations to the health department about more specifically recommendations about HIV medication needs and eligible. I move to suspend the Senate's regular order of business to take up and consider House Bill 2229.

SENATOR KEVIN ELTIFE: Senator Ellis moves suspension of the regular order of business to take up and consider House Bill 2229. Is there objection? Chair hears none, rules are suspended. The Chair lays out on second reading House Bill 2229. The secretary will read the caption.

PATSY SPAW: House Bill 2229 relating to the creation of the Texas HIV Medication Advisory Committee.

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

SENATOR RODNEY ELLIS: Mr. President, I move passage to third reading.

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

SENATOR RODNEY ELLIS: So moved, Mr. President.

SENATOR KEVIN ELTIFE: 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: 26 ayes, five nays, constitutional rule is suspended. The Chair lays out on final passage House Bill 2229. The secretary will read the caption.

PATSY SPAW: House Bill 2229 relating to the creation of the Texas HIV advisory committee.

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

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

SENATOR KEVIN ELTIFE: Senator Ellis now moves final passage of House Bill 2229. 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: Twenty-six ayes, five nay, House Bill 2229 is finally passed. Congratulations, Senator Ellis.

SENATOR RODNEY ELLIS: Thank you, sir.

SENATOR KEVIN ELTIFE: Members, the president's desk is clear. Members, are there any announcements? Senator Estes, you're recognized.

SENATOR CRAIG ESTES: Thank you, Mr. President and members. Members, the Senate committee on agriculture and rural affairs will meet in E1.012 at 1:30.

SENATOR KEVIN ELTIFE: Thank you, Senator Estes. Senator Carona, you're recognized.

SENATOR JOHN CARONA: Thank you, Mr. President. I move to suspend the Senate rules 11.10 and 11.18 so the Senate business and commerce committee can move tomorrow's meeting up to 7:30 a.m. members, from 8:00 a.m. up to 7:30 a.m. and add these bills in addition to those previously posted: Senate Bill 1837, House Bill 1355, House Bill 1580, House Bill 1804, Senate Bill 1859, House Bill 2382, House Bill 2592, House Bill 2707 and House Bill 2982.

SENATOR KEVIN ELTIFE: Members, you have heard the motion by Senator Carona. Is there objection? Chair hears none, motion is adopted. Thank you, Senator Carona. Senator Deuell, you're recognized.

SENATOR BOB DEUELL: Thank you, Mr. President. I move to suspend Senate rule 11.10 so the Senate committee on nominations can meet at my desk today upon adjournment to vote nominees from our meeting held earlier today.

SENATOR KEVIN ELTIFE: Members, you have heard the motion by Senator Deuell. Is there objection? Chair hears none, motion is adopted. Thank you, Senator Deuell.

SENATOR BOB DEUELL: After the motion can I make an announcement?

SENATOR KEVIN ELTIFE: You can go right ahead, Senator Deuell.

SENATOR BOB DEUELL: The Senate committee on nominations will meet at my desk upon adjournment to vote on the nominees from earlier today.

SENATOR KEVIN ELTIFE: Thank you, Senator Deuell. Senator Williams, you're recognized.

SENATOR TOMMY WILLIAMS: Thank you, Mr. President. And I move to suspend Senate rules 11.10 and 11.18 so that the Senate committee on transportation and homeland security may vote on pending business at my desk immediately upon adjournment.

SENATOR KEVIN ELTIFE: Members, you've heard the motion by Senator Williams. Is there objection? Chair hears none, so ordered. Senator Hinojosa, you're recognized.

SENATOR JUAN HINOJOSA: Thank you, Mr. President and members. This is just an announcement that the finance committee will meet 30 minutes upon adjournment to take up and vote out the bills that we heard this morning. Mostly noncontroversial agreed to bills 30 minutes upon adjournment in the finance committee room.

SENATOR KEVIN ELTIFE: Thank you, Senator Hinojosa. Senator Uresti, you're recognized.

SENATOR CARLOS URESTI: Thank you, Mr. President and members. I'm giving notice that the local and uncontested calendar session will be held Tuesday May 18th at 8:00 o'clock a.m. A copy of the certified calendar has been furnished to each of you. The bills and resolutions will be considered in second and third reading in the order outlined. Also, Mr. President, I move to suspend Senate rule 11.13 so that committees can meet tomorrow morning during the local and uncontested calendar session.

SENATOR KEVIN ELTIFE: Members, you have heard the motion by Senator Uresti. Is there objection? Chair hears none, so ordered. Thank you, Senator Uresti. Senator Williams, did you have another announcement? Senator West, you're recognized.

SENATOR ROYCE WEST: Thank you very much, Mr. President. I ask unanimous consent to suspend the posting rules Senate rules 11.10 and 18 so that the Senate committee on intergovernmental relations may add the following bills to the posting to tomorrow May 16th. HB22 by Solomons, House Bill 1228 by Dutton, House Bill 1278 by Coleman, House Bill 1821 by Rodney Anderson, House Bill 2167 by Garza, House Bill 2779 by Bohannon.

SENATOR KEVIN ELTIFE: Members, you heard the motion by Senator West. Is there objection? Chair hears none.

SENATOR ROYCE WEST: Mr. President, I just want to make sure, can you -- I just want to get order for one second.

SENATOR KEVIN ELTIFE: Can we please have order.

SENATOR ROYCE WEST: Members are asking about the special bills that they have in their districts and when they can be set. Intergovernmental relations is at least going to try to have three meetings this week to accommodates as many of the bills as possible.

SENATOR KEVIN ELTIFE: Thank you, Senator West. Senator Duncan, you're recognized.

SENATOR ROBERT DUNCAN: Members, the state affairs committee will meet upon adjournment in the Senate chamber. At this time I would also move to suspend the 24-hour posting rule in accordance with rules 11.10 and 11.18 in order for the Senate committee on state affairs in order to take up and consider House Bill 3017 by Representative Smithee, Senator sponsor Duncan. I move suspension.

SENATOR KEVIN ELTIFE: Members, you have heard the motion by Senator Duncan. Is there objection? Chair hears none, so ordered.

SENATOR ROBERT DUNCAN: Also, members, we have several bills that we need to vote on today including hopefully the loser pay bill.

SENATOR KEVIN ELTIFE: Thank you, Senator Duncan. Members, we do have one more bill that we're going to do at this time before we adjourn. Senator Ogden's recognized for a motion to suspend the regular order of business on Committee Substitute SB275.

SENATOR STEVE OGDEN: Mr. President and members, I move to suspend the Senate's regular order of business to take up and consider Committee Substitute to House Bill 275. The comptroller's biennially revenue estimate for the remainder of the fiscal year 2011 and and 13 fiscal biennium projects is $4.3 billion negative ending balance in general revenue related to funds for fiscal year 2010 and 11. The Texas constitution authorizes an appropriation from the economic stabilization fund by a 3/5ths vote of members present in each chamber of the legislature if a budget deficit develops during a biennium after the budget has been adopted. Committee Substitute to House Bill 275 amends current law relating to making an appropriation of money from the economic stabilization fund for expenditure during the current state fiscal biennium. The amount that's appropriated is $3,973,557,000 which is the current biennial deficit. I move to suspend the regular order of business.

SENATOR ROYCE WEST: Mr. President.

SENATOR KEVIN ELTIFE: Senator West, for what purpose?

SENATOR ROYCE WEST: Parliamentary inquiry.

SENATOR KEVIN ELTIFE: State your inquiry.

SENATOR ROYCE WEST: Mr. President, is this a general appropriations bill?

SENATOR KEVIN ELTIFE: Yes, Senator West, it is.

SENATOR ROYCE WEST: Given that it's a appropriations bill, passage of it would give immediate effect to the 3.9 billion --

SENATOR KEVIN ELTIFE: Yes, Senator West after the House concurs and it's sent to the governor.

SENATOR ROYCE WEST: Okay. And if the general appropriations bill -- can a general appropriations bill have more than one subject?

SENATOR KEVIN ELTIFE: Yes, Senator West, it can contain multiple appropriations.

SENATOR ROYCE WEST: Okay. So, this bill could have immediate effect would have to be passed by what 2/3rds of this body?

SENATOR KEVIN ELTIFE: No, Senator.

SENATOR ROYCE WEST: Because it's an appropriations bill.

SENATOR KEVIN ELTIFE: Correct.

SENATOR ROYCE WEST: Okay. So this bill -- you can put other fiscal matters in this bill like the rainy day fund; is that correct?

SENATOR KEVIN ELTIFE: Could you ask your question.

SENATOR ROYCE WEST: If we wanted to use this particular bill as a vehicle to appropriate additional moneys to the foundation school program that amendment would be in line, would it not? Given that we're talking about the economic stabilization and appropriations bill.

SENATOR KEVIN ELTIFE: We're working on your answer. Senator Ogden, will you come forward, please? Senator Ellis, for what purpose?

SENATOR RODNEY ELLIS: Ask a couple of questions of the author.

SENATOR KEVIN ELTIFE: Senator Ogden yield?

SENATOR STEVE OGDEN: I yield.

SENATOR RODNEY ELLIS: Senator, can you walk us through why this bill is important? I know members are working on amendments. I have one I think is up there. Can you walk us through again why this bill is important?

SENATOR STEVE OGDEN: Well, it's more than important, it's essential.

SENATOR RODNEY ELLIS: A little order.

SENATOR KEVIN ELTIFE: Members, could we have order on the floor, please?

SENATOR STEVE OGDEN: Because the comptroller has reported that appropriations exceed the biennial revenue by $4.2 billion and now, it's been reduced to 9.3 billion. We move a bill either cutting spending or appropriating economic stabilization fund in order to balance our books this fiscal year and if we don't do that, we could default on our short term borrowing.

SENATOR RODNEY ELLIS: So this --

SENATOR STEVE OGDEN: Used to appropriate the safe. But we have to do this to prevent a default.

SENATOR RODNEY ELLIS: Is this the bill that's commonly referred to as the supplemental --

SENATOR STEVE OGDEN: No, sir, the supplemental is House Bill 4 which is currently on the calendar. The House in their wisdom -- and I can't explain exactly why they decided to send two bills over -- but the supplemental appropriations bill is House Bill 4. This is a bill, it's called an appropriations bill because it will have immediate effect, but what it is if only appropriated economic stabilization fund money to recover appropriations in 2010 and 11 in the amount of money we need to recover is now 9.3 million.

SENATOR RODNEY ELLIS: I have a sense of the rationale of dividing it into two separate bills instead of putting all of this in what used to be called the emergency appropriations bill as we referred to it, now the supplemental.

SENATOR STEVE OGDEN: I don't honestly know why. Although it occurred to me that it's a benefit to the Senate to do it this way and this is why I'm passionate because it focuses -- the supplemental appropriations bill focuses on additional spending in the current biennium. This bill focuses on covering the current biennially projected deficit and I think separating those two issues tends to focus better so I don't object to it. But exactly why they did it, I don't know.

SENATOR RODNEY ELLIS: Once again how much are you taking out of the stabilization fund?

SENATOR STEVE OGDEN: It's 3.970 million.

SENATOR RODNEY ELLIS: How much do we have in there at this point? You said about 9.4 -- about eight-point -- I'm sorry.

SENATOR STEVE OGDEN: Well, I think the actual balance, the actual balance is around 6.4 billion the actual amount that's in there but it's projected to grow to 9.4 over the next two years and I personally think it's going to grow to more than that.

SENATOR RODNEY ELLIS: So this bill, if you wanted to take a higher amount out, could you, through this bill, if the votes were there to do it go up to the amounts that projected to be in this fund at the end of the biennium?

SENATOR STEVE OGDEN: I believe so, I believe so. I mean, if the money's there I think -- and the votes are there you could spend it, yes.

SENATOR RODNEY ELLIS: Can you just give us, Mr. Chairman, some sense historically of what we have done with this stabilization fund?

SENATOR STEVE OGDEN: Everything from nothing to spending all or parts of the fund on current biennial expenditures and future biennial expenditures. In general, we have not allowed large balances to accrue and it's only been over the last couple of bienniums that we've begin to look at it more as a safety reserve that does two things. One is it covers legitimate downturns in the state's economy when the state "is rainy" it's there to cover that. It's also used by setting aside this money and holding it, it gives us a much better bond rating on Wall Street.

SENATOR RODNEY ELLIS: Would a fair characterization be that we have been all over the board in terms of what we're done with this fund. I know now a lot of us treat it as though it's (inaudible) and several argue don't touch it at all. But it's fair to say since it was created that we, as a body -- both bodies in terms of leadership have been all over the board in terms of spending it all, preserving it all, I mean, there's been no consistent philosophy over the years that it has been in existence about what we do with it.

SENATOR STEVE OGDEN: I agree with that although I think the constitution has remained consistent. So people have chosen to basically make their own interpretations. I think the constitution is pretty consistent. It says that it -- we need the money to cover a current deficit, it requires a 3/5ths vote in both houses and if you want to spend the money on something else it requires a 2/3rds.

SENATOR RODNEY ELLIS: I don't have it in front of me, Mr. Chairman, but could you just basically give us a layout of when we created it. I know it was prior to '81, maybe '89. But do you remember the rationale, I don't even know if you were in the House when it was created but do you know much of the history of when it was created, it was not as though created by the founding fathers.

SENATOR STEVE OGDEN: No, I don't know the history but I think it was associated with the oil collapse in '86 and once the state worked through that downturn which probably was bigger than the one we're currently in, somehow at the time this idea came alive and was approved by the voters. I mean, it was put in the constitution.

SENATOR RODNEY ELLIS: I think Stansleader, I'm not sure, I'll look it up while we're on amendments, it will just be interesting even for the folks of the press to know when it was created and why, I think it was Stansleader that carried that bill and it may have been 1989. Thank you, Mr. Chairman.

SENATOR KEVIN ELTIFE: Thank you, Senator Ellis. Senator Ogden has moved suspension of the regular order of business to take up and consider Committee Substitute House Bill 275. Is there objection? Chair hears none, the rules are suspended. Chair lays out on second reading Committee Substitute to House Bill 275. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 275 relating to making an appropriation of money from the economic stabilization fund for expenditures during the current state fiscal biennium.

SENATOR KEVIN ELTIFE: Following amendment. Secretary please read the amendment.

PATSY SPAW: Floor amendment No. 1 by Ellis.

SENATOR KEVIN ELTIFE: Members, let's make sure everyone has the amendment on their desk before we explain the amendment. Senator Ellis to explain the amendment.

SENATOR RODNEY ELLIS: Thank you, Mr. Chairman and members. As you know the budget is in conference now and the details of that budget are pretty ugly for Texas families. Instead of finding more revenue Texas has chosen in my judgment the irresponsible approach of cutting vital services of Texas families to the bone. I don't think we have to cut them as severely. Those who are in charge chose to sacrifice our children's educational opportunities and kick the elderly out of nursing homes while continuing multi billion dollar giveaways, as the bill and financed that the Chair has been kind enough to try to help me pass out of the SJR but I haven't been able to do that. They have a sunset for a lot of those corporate giveaways. Our budget, members, falls $5.5 billion short of Texas public schools, are short 1.9 billion for colleges and universities, over 8 billion short for meeting our health and human services needs. This is a very simple amendment, a very simple amendment. It takes an additional $6 billion out of the rainy day fund to be used to save Texas now. We could alleviate cuts for 2012 and 2013 by adding more to the last budget to carry over to this budget. If this figure sounds familiar to you, it should. It's because that is what this Senate budget approved. The budget that passed the Senate. By a majority vote might I add, slightly over majority. Now is the time for the House and the Senate to reverse the course on the budget, the rapidly growing economy and the available rainy day fund reserves negate the need for reckless cuts to programs that are vital to Texas families. Updated sales tax data shows that the Texas economy is rebounding strongly, meaning that the models used to project revenue that is likely for the 2012, 2013 and 2014, 15 budgets are far too conservative. According to the Texas comptroller, the records and sales tax receipts in April in 2011 increased by a strong 11.4 percent over April of 2010. An increase of 1.87 billion. It was the 13th consecutive month state sales tax revenue has increased. We've been told that we can't use the rainy day fund now because we have to plan for a rainier day which is just not coming in my judgment. To ignore today's crisis for one that is not coming is blatantly irresponsible and unnecessary. It's an unnecessary attack on our families. Members, this legislature has voted to use virtually all of the rainy day fund four times in the past since this fund was created. The sad truth is that Texans and the rainy day fund are being held hostage to politics. Those who oppose using the rest of the rainy day fund now has failed to point out that Texas has used every penny, every penny of the rainy day fund on four occasions. This is an agenda, it's not sound economics, and Texas families are going to bear the pain. Even if the Texas economy does slow in future years, soaring oil and gas prices that all of us are complaining about virtually guarantee that the rainy day fund will continue to use. Even as the Texas economy continues to slump, the rainy day fund continues to grow from 4.7 in 2008 to 9.4 billion in 2012 is what it will be. This amendment is a way to put an additional $4 billion more today into programs that we're cutting for Texas. So I hope it's acceptable to the author or he'll let the body vote its will. If so I move adoption.

SENATOR KEVIN ELTIFE: Senator Ogden on the amendment.

SENATOR STEVE OGDEN: Members, I thank Senator Ellis for bringing this amendment to the floor. But I would ask Senator Ellis to consider this. What we're -- I told you this bill was essential because it had to cover the current biennial deficit which is $3.9 billion. It's not essential to add $3.9 billion of rainy y day fund into this bill. The more appropriate vehicle in my opinion is the supplemental appropriations bill House Bill 4 or House Bill 1. Okay? Now, we've already debated House Bill 1 and we weren't able to add the $3 billion to it. There's another bill the supplemental appropriations bill House Bill 4 that we can debate and spend the rainy day fund but basically what I'm doing today now is I'm focusing the rainy day fund on a single purpose and that single purpose is to cover the current deficit. I think it's better to do that than to basically comingle the idea that we need to use the rainy day fund to cover current deficits plus additional urgent needs of the state in 2013. So what I'm going to ask the members to do is I'm going to move to table this amendment and tell you that there's another bill coming to the floor called House Bill 4 that is the more appropriate vehicle to add a rainy day fund appropriations to. And the reason for this is, the sole purpose for this bill in my mind is to cover the current biennial deficit. So I move to table floor amendment No. 1.

SENATOR KEVIN ELTIFE: Senator Ellis to close.

SENATOR RODNEY ELLIS: Mr. President and members, I want you to pay close attention. This amendment does not take all of the money out of the rainy day fund which this body has done previously, not one time but four times. It does not take all of the money out of the rainy day fund. I appreciate Senator Ogden's sentiment but the reason why it's important to go in and put this additional money, this additional $3 billion in the rainy day fund on this bill is very simple. If you don't do it now and on this bill, it won't make it on the other two bills that Chairman Ogden made reference to and I certainly plan to attempt it or somebody will on all of those bills. But if you don't want to end up putting somebody elderly in the garage, this is your opportunity to do it. If you really won't -- you simply won't have another one and the short of it is instead of this being a rainy day fund, thinking about it that way, think about it, if this amendment fails this go around, it's going to be a cold day below ground before you end up getting an opportunity put this on the bill again. This is the best opportunity to make a statement that we want to use additional money from the rainy day fund to fund growth in particular in the fastest growing state in the country, second largest state in the country. So I would encourage you to vote against my good friend Senator Ogden and vote against the amendment to table -- the motion to table this amendment. Thank you.

SENATOR KEVIN ELTIFE: Thank you, Senator Ellis. Members, the motion by Ogden is to table floor amendment No. 1. 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: 18 ayes, 13 nays, the motion to table prevails. The following amendment. Secretary please read the amendment.

PATSY SPAW: Floor amendment No. 2 by West.

SENATOR KEVIN ELTIFE: Members, we'll make sure all the members have the amendment before Senator West explains the amendment. Senator West to explain the amendment.

SENATOR ROYCE WEST: Thank you very much, Mr. President and members. Members, I'm not asking to spend $6 billion, I'm asking to spend $1.1 billion for the following reason. I asked LBB to kind of give us an idea of what school growth, Senator Shapiro, could cost under currently and if we funded school growth under current law at 100 percent over the next biennium it would cost 2.2 billion, would cost us about 1.1 billion. Now, I hope this doesn't go down along party lines. This is not a red issues, it's not a blue issue, it's an issue for our school districts in the state of Texas. All of us always run on the issue over bettering education in the state of Texas, adequately funding in the state of Texas and we recognize that we're having financial woes during this particular period of time. If we decide to support this particular amendment, members, it has to be done by 2/3rds vote. What that means is Democrats and Republicans must come together to support this. What will it do, Senator Deuell, Senator Nichols, if we decide to put this 1.1 billion in, it would increase the allotment, basic allotment from $4,765 to $4,905. We've been talking about public finance under Senate Bill 22 for about the last three or four weeks. We've talked about the Deuell amendment, the Duncan amendment in order to increase equity in our schools, to raise the basic allotment. Members, if we put 1.1 billion in it will increase the basic allotment to $4900. You have heard that the committee economy is getting better in the state of Texas. You've heard from your superintendents that they need some finality and additional support with their schools and the question is on this particular vote whether you vote to table it or you vote it up or down and I'm hoping, Senator Ogden, you will allow a vote up or down on this. Because voting it to table is just paramount also to voting against it. I was listening to the debate between Senator Ogden and Senator Ellis, traditionally, we have used the supplemental appropriations bill in order to deal with this very issue that Senator Ogden was talking about now. In fact I believe that the House -- correct me if I'm wrong about this -- decided to put the 3.9 billion in House Bill 4 also. I think I'm right about it. If I'm not, it's just in this bill right here. But begun eve used the supplement m appropriations bill for a number of reasons and frankly I don't know but maybe Senator Ogden will address this when the supplemental appropriations bill is going to be before this body. And members, I ask you to just think about your school districts, don't just think about your political affiliations on this one. Think about your school districts, think about what your superintendents have asked of you, recognize that there is, in fact, growth in the state of Texas and recognize every time we decide to run for political office we talk about bettering our education system. So I move adoption of floor amendment No. 2.

SENATOR KEVIN ELTIFE: Senator Ogden on floor amendment No. 2.

SENATOR STEVE OGDEN: Senator West, I want to thank you for your amendment. I'm not sure it will work the way you drafted it because increasing the basic allotment doesn't change the fact that under current law we could be running as much as a $10 billion deficit over the next current two years and adding 1.1 billion to simply help cover that deficit is different than adding 1.1 million to raise the basic allotment. I mean, you do nothing for the $10 billion hole. So I think I would oppose this amendment not on the grounds that you're spending the rainy day fund but the grounds that you're making the public school policy worse. The second thing is it's much more appropriate -- and I'd be happy to bring that bill, House Bill 4 to the floor. We're going to have to bring it to the floor before we close out the budget negotiations because it's going to be an essential element in balancing that budget and House Bill 4 is the appropriate place for us to debate additional use of the rainy day fund because in addition to the previous criticism, it requires the 2/3rds vote of both houses and I don't think right now I can get 2/3rds vote of both houses to suspend 1.1 billion of the rainy day fund. In fact I'm sure I can't. So I would request you to basically consider pulling this amendment down and saving it for House Bill 4 because we have to pass that bill in order not to default on our obligations.

SENATOR ROYCE WEST: Mr. President, may we approach?

SENATOR KEVIN ELTIFE: Yes, please come forward. Senator West, you're recognized.

SENATOR ROYCE WEST: Mr. President, after having conferred with the finance Chair it's my understanding that we will in all probability have a debate on House Bill 4 and given that, I'm going to pull down this amendment so that we can consider it when we bring up House Bill 4 and hopefully that will be during this session as opposed to any other session that we deal with. It's my understanding, Senator Ogden, that that's the bill we must pass; is that correct?

SENATOR STEVE OGDEN: Eventually we must pass House Bill 4 because there are some appropriations that have to be made in the current biennium. One of them is for fires in West Texas, another one is for shortfalls in the correctional managed health care and another one is the current 600 million-dollar shortfall in the foundation school program that if we don't pass House Bill 4 we'll have to go and -- instead of talking about proration in 2013 we're going to be talking about proration now. So that's why we got to pass it eventually but it's tied to the budget this session -- but we got to pass it sooner or later.

SENATOR ROYCE WEST: And that will take a 2/3rds vote of this body right?

SENATOR STEVE OGDEN: Well, the appropriations bill --

SENATOR ROYCE WEST: As opposed to putting it on this amendment and --

SENATOR STEVE OGDEN: Rainy day fund it will take a 2/3rds vote in both houses.

SENATOR ROYCE WEST: And the reality is in the House they won't pass it, the Senate has to one way or the other whether or not we should spend rainy day funds to fund our public schools.

SENATOR STEVE OGDEN: : That's right. But I think that we'll continue to stand firm, eventually the House will come around to our viewpoint.

SENATOR ROYCE WEST: Well, out of the sense to working together to try to come up with some bipartisan solutions to this problems, I'm going to pull down the amendment at this time. But I look forward to debating this issue when we get to House Bill 4 or any other vehicle I can find.

SENATOR STEVE OGDEN: Thank you, Senator West.

SENATOR KEVIN ELTIFE: Senator West pulls down his amendment. Senator Ogden, you're recognized for a motion.

SENATOR STEVE OGDEN: Members, I move passage to third reading of Committee Substitute to House Bill 275.

SENATOR KEVIN ELTIFE: Senator Ogden now moves passage to third reading. Is there objection? Chair hears none, Committee Substitute to House Bill 275 is passed to third reading. Senator Ogden, you're now recognized for a motion to suspend the constitutional three day rule.

SENATOR STEVE OGDEN: Move to suspend the constitutional three day rule and take up and consider Committee Substitute to House Bill 275.

SENATOR KEVIN ELTIFE: 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: 30 ayes, one nay, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to House Bill 275. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 275 relating to making an appropriations of money from the economic stabilization fund.

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

SENATOR STEVE OGDEN: Members, this has become an extraordinarily difficult issue and I want to thank the Senate today for their cooperation in doing what I believe is the best thing for our state and so I thank you for your cooperation and I thank you for your vote. I move final passage of Committee Substitute to House Bill 2735.

SENATOR KEVIN ELTIFE: Senator Ogden now moves final passage of Committee Substitute to House Bill 275. 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: 30 ayes, one nay, Committee Substitute to House Bill 275 is finally passed. Congratulations, Senator Ogden. Members, the president's desk really is clear at this time. If no one has any announcements since we ran a little longer -- Senator Ellis, you're recognized.

SENATOR RODNEY ELLIS: This is an announcement and a motion. I move to suspend the 24-hour posting rule in accordance with with Senate rules 11.10 and 11.18 in order to allow the government organization committee to meet at my desk immediately upon adjournment to vote on the following bills that were previously heard in public hearing House Bill 2549 state employee deductions and House Bill 2608. Texas Department of Housing Community Affairs sunset bill. If there's no questions I move suspension.

SENATOR KEVIN ELTIFE: Members, you heard the motion by Senator Ellis. Is there objection? Chair hears none, so ordered. Thank you, Senator Ellis. Senator Ogden, did you have an announcement?

SENATOR STEVE OGDEN: Members, Senate finance committee will reconvene at 2:00 p.m. to vote out bills. They're House bill, but I hope you'll still show up but we'll be at 2:00 p.m.

SENATOR KEVIN ELTIFE: Thank you, Senator Ogden. Members, any other announcements? Following motion in writing. Secretary please read the motion.

PATSY SPAW: Motion in writing. Mr. President I move to suspend Senate rule 11.1 so that committees can meet during the reading and referral of bills by Whitmire.

SENATOR KEVIN ELTIFE: Members, you heard the motion by Senator Whitmire. Is there objection? Chair hears none, so ordered. Senator Duncan, you're recognized.

SENATOR ROBERT DUNCAN: Thank you. I just want to reiterate the previous announcement that Senate state affairs will have pending bills and some important bills to hear and we'll meet at 2:00 o'clock in the chamber.

SENATOR KEVIN ELTIFE: Thank you, Senator Duncan. Members, any other announcements? If not, the Chair recognizes the dean of the Senate for a highly privileged motion.

SENATOR JOHN WHITMIRE: Mr. President, pending the reading and referral of bills I move that the Senate recess until 8:00 a.m. tomorrow so that we may consider a local and uncontested calendar. At the conclusion of that time the Senate will recess until 11:00 a.m. Tuesday May 18th.

SENATOR KEVIN ELTIFE: Thank you, Senator Whitmire. Members, you heard the motion by Senator Whitmire. Is there objection? Chair hears none, pending the reading and referral of bills the Senate standing until 8:00 a.m. tomorrow to consider a local calendar and upon conclusion of the local calendar the Senate will recess until 11:00 a.m. Tuesday May 17th. Thank you, members.

PATSY SPAW: House Bill 19 to transportation and homeland security. House Bill 25 to criminal justice. House Bill 31 to transportation homeland security. House Bill 159 to state affairs. House Bill 161 to criminal justice. House Bill 167 to health and human services. House Bill 189 to criminal justice. House Bill 197 to transportation and homeland security. House Bill 230 to jurisprudence. House Bill 254 to stot affairs. House Bill 278 to criminal justice. House Bill 326 to government organization. House Bill 335 to health and human services. House Bill 359 to education. House Bill 427 to intergovernmental relation. House Bill 452 to higher education. House Bill 550 to agriculture and rural affairs. House Bill 599 to criminal justice. House Bill 628 to state affairs. House Bill 629 to transportation and homeland security. House Bill 677 to education. House Bill 680 to health and human services. Had been 695 to natural resources. House Bill 720 to state affairs. House Bill 737 to intergovernmental relations. House Bill 804 to state affairs. House Bill 875 to transportation and homeland security. House Bill 882 to business and commerce. House Bill 829 to transportation and homeland security. House Bill 940 to criminal justice. House Bill 963 to criminal justice. House Bill 995 to state affairs. House Bill 1036 to state affairs. House Bill 1046 to state affairs. House Bill 1122 to criminal justice. House Bill 1129 to state affairs. House Bill 1234 to economic development. House Bill 1244 to higher education. House Bill 1250 to intergovernment relations. House Bill 1363 to transportation and homeland security. House Bill 1386 to education. House Bill 1408 to veteran affairs and military installations. House Bill 1529 to intergovernmental relations. House Bill 1476 to health and human services. House Bill 1544 to transportation and homeland security. House Bill 1547 to natural resources. House Bill 1563 to business and commerce. House Bill 1608 to state affairs. House Bill 1646 to criminal justice. House Bill 1681 to business and commerce. House Bill 1766 to state affairs. House Bill 1793 to business and commerce. House Bill 1856 to criminal justice. House Bill 1921 to transportation homeland security. House Bill 1969 to agriculture and rural affairs. House Bill 2032 to transportation and homeland security. House Bill 2060 to state affairs. House Bill 2089 to state affairs. House Bill 2093 to state affairs. House Bill 2119 to criminal justice. House Bill 2120 to state affairs. House Bill 2229 to state affairs. House Bill 2338 to intergovernmental relation. House Bill 2357 to transportation and homeland security. House Bill 2365 to higher education. House Bill 2369 to health and human services. House Bill 2380 to education. House Bill 2383 to finance. House Bill 2408 to business and commerce. House Bill 2417 to veteran affairs and mill torr installations. House Bill 2443 to transportation and homeland security. House Bill 2446 to health and human was services. House Bill 2449 to state affairs. House Bill 2493 to economic development. House Bill 2496 to criminal justice. House Bill 2507 to natural resources. House Bill 2525 to business and commerce. House Bill 2603 to business and commerce. House Bill 2688 to veteran affairs and military installations. House Bill 2722 to health and human services. House Bill 2729 to economic development. House Bill 2788 to health and human services. House Bill 2819 to health and human services. House Bill 2884 to transportation and homeland security. House Bill 2917 to transportation and homeland security. House Bill 2931 to business and commerce. House Bill 2990 to transportation and homeland security. House Bill 3018 to education. House Bill 3030 to transportation and homeland security. House Bill 3064 to transportation and homeland security. Had been 3123 to health and human services. House Bill 3167 to business and commerce. House Bill 3172 to jurisprudence. House Bill 3237 to veteran affairs and military installations. House Bill 3268 to natural resources. House Bill 3275 to economic development. House Bill 3320 to criminal justice. House Bill 3324 to transportation and homeland security. House Bill 3390 to transportation and homeland security. House Bill 3410 to business and commerce. House Bill 3422 to transportation and homeland security. House Bill 3439 to jurisprudence. House Bill 3453 to business and commerce. House Bill 3461 to higher education. House Bill 3462 to intergovernmental relations. House Bill 3474 to criminal justice. House Bill 3542 to state affairs. House Bill 3589 to business and commerce. House Bill 3597 to natural resources. House Bill 3611 to health and human services. House Bill 3624 to higher education. House Bill 3691 to criminal justice. House Bill 3696 to agriculture and rural affairs. House Bill 3746 to criminal justice. House Bill 3747 to state affairs. House Bill 3754 to natural resource. House Bill 3812 to intergovernmental relations. House Bill 3833 to jurisprudence. House Bill 3841 to transportation homeland security. House Bill 3842 to intergovernmental relation. House Bill 3845 to intergovernmental relation. House Bill 3861 to governmental relations. HCR74 to health and human services.

SENATOR KEL SELIGER: Pursuant to a resolution previously adopted the Senate stands in recess until 8:00 a.m. tomorrow.

(Adjourned.)