Senate Transcript, May 21, 2011

SENATOR KEVIN ELTIFE: Senate will come to order. 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 Beth Macgill, The University of Texas Episcopal Campus Ministry, UT Austin.

PASTOR: Let us pray. Holy and living God, our times are in Your hands. We give You thanks for this gathering and for the opportunities that are before us this day. Prepare us to serve those whom we represent. From every community and every corner of this state, keep foremost in our minds those on whose behalf we speak. Remind us of their needs, and give us the grace to effectively convey them. As leaders in our local communities, make us aware of the trust that we have been afforded. Give us courage to speak boldly and envision without caution. Grant that we may have humble hearts, remembering that all we are and all we have comes from You, holy one. In all that we do, keep us mindful of the needs of humanity. For those who are hungry, suffering, weak, or in any kind of affliction, heal them. Help us to be responsible stewards of Your creation. Create in us grateful hearts for the abundance of blessings that we each have been given. Where there are divisions among us, bring peace. Where there is distrust, grant us an open mind and ears to listen. Help us to be present to those who are new in our midst, always keeping in mind that together we are stronger. We thank You, gracious God, for this nation and the opportunity to serve freely and express our thoughts and opinions openly. Grant that we may be in service of the greater good for all God's people. Bless this gathering and our time together. Give us the grace to recognize the task before us and the will to accomplish it. In God's holy name we pray. Amen.

SENATOR KEVIN ELTIFE: Thank you, Reverend Magill, for being here today. 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. Members, that concludes the morning call. The Chair recognizes Senator Huffman for an introduction.

SENATOR JOAN HUFFMAN: Thank you, Mr. President. This morning we have with us the Boy Scout Troop No. 1000 from Richmond, Texas. And I'm sorry, guys, I missed you earlier, but I join Senator Hegar this morning in welcoming you to the State Capitol. The Boy Scouts, of course, are an important part of our history and our culture and I applaud your commitment to this great organization and if you guys want to stand up so we can welcome you to your State Capitol. Thanks for being here, good morning. Thank you.

SENATOR KEVIN ELTIFE: Thank you, Senator Huffman. Welcome to the Texas Capitol. Senator Watson, you're recognized for a motion to suspend the regular order of business on House Bill 1422.

SENATOR KIRK WATSON: Thank you, Mr. Watson and members. I move to suspend the regular order of business to take up and consider at this time the Committee Substitute to House Bill 1422 which defines the requirements for an insured to obtain title to a totaled vehicle. If the owner doesn't surrender it but fills it out incorrectly or is recovered in Texas with an out of state title and for the salvage operator to obtain title in the case of an insured declining the coverage and abandoning the vehicle. I move suspension of the rules.

SENATOR KEVIN ELTIFE: Senator Watson moves suspension of the regular order of business to take up and consider House Bill 1422. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading House Bill 1422. The secretary will read the caption.

PATSY SPAW: House Bill 1422 relating to the issuance of titles for certain motor vehicles.

SENATOR KEVIN ELTIFE: The following amendment, the secretary will read the amendment.

PATSY SPAW: Floor amendment No. 1 by Birdwell.

SENATOR KEVIN ELTIFE: Senator Birdwell to explain the amendment.

SENATOR BRIAN BIRDWELL: Thank you, Mr. President and members. Currently insurance companies have to file a formal report with the DMV when they pay out a claim for a non-repairable vehicle. If the person retains ownership of non-repairable vehicles, they must obtain a new titles to sell or transport for the vehicle, more commonly known as salvage title. This amendment would require the insurance companies to inform the owners of that vehicle they must acquire that title, and I believe the amendment is acceptable to the author.

SENATOR KEVIN ELTIFE: Senator Watson on the amendment.

SENATOR KIRK WATSON: The amendment is acceptable to the author and I just want to point out that contrary to the statements Senator Birdwell made Thursday night in his performance, this bill is one of mine he likes.

SENATOR BRIAN BIRDWELL: Thank you, Mr. President. Thank you, Senator Watson.

SENATOR KEVIN ELTIFE: It's too early in the morning for that. Senator Birdwell moves adoption of floor amendment No. 1, it is acceptable to Watson. Is there objection? Chair hears none, floor amendment No. 1 is adopted. Senator Watson, you're recognized for a motion.

SENATOR KIRK WATSON: Thank you, Mr. President. I move passage of the Committee Substitute to House Bill 1422 as amended to third reading.

SENATOR KEVIN ELTIFE: Senator Watson now moves passage to third reading. Is there objection? Chair hears none, the House Bill 1422 as amended is passed to third reading. 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.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, House Bill 1422, the rule is suspended. The Chair lays out on third reading and final passage House Bill 1422. The secretary will read the caption.

PATSY SPAW: House Bill 1422 relating to the issuance of titles to certain motor vehicles.

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

SENATOR KIRK WATSON: Mr. President, I move final passage of Committee Constitute to House Bill 1422 as amended.

SENATOR KEVIN ELTIFE: Senator Watson moves final passage of Committee Constitute to House Bill 1422 as amended. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, Committee Substitute to House Bill 1422 is finally passed. Congratulations, Senator Watson.

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

SENATOR KEVIN ELTIFE: Senator Rodriguez, you're recognized for a motion to suspend the regular order of business to take up and consider House Bill 2417.

SENATOR JOSE RODRIGUEZ: Thank you, Mr. President and members. This bill is identical to my Senate Bill 1766 which passed the Senate unanimously. House Bill 2417 is engrossed passed the veterans affairs and military installations committee and the House committee on defense on veterans unanimously. This bill updates the Texas code of military justice on military issues. This is an update should the Texas code of military justice occur, changes the state law to Texas code of military justice must also occur. The Texas code of military justice was also updated and this legislation will change the Texas code in order to comply with those changes. House Bill 2417 synchronizes both federal and state law with military law including updating punishment levels and amplifying and clarifying definitions in the code and makes changes to the nonjudicial punishment. Mr. President and members, I move that we suspend the regular order of business and all necessary rules to take up and consider House Bill 2417.

SENATOR KEVIN ELTIFE: Senator Rodriguez moves suspension of the regular order of business to take up and consider House Bill 2417. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading House Bill 2417. The secretary will read the caption.

PATSY SPAW: House Bill 2417 relating to the Texas Code of Military Justice.

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

SENATOR JOSE RODRIGUEZ: Mr. President and members, I move passage to third reading.

SENATOR KEVIN ELTIFE: Senator Rodriguez now moves passage to third reading. Is there objection? Chair hears none, House Bill 2417 is passed to third reading. Senator Rodriguez, you're recognized for a motion to suspend the constitutional three day rule.

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

SENATOR KEVIN ELTIFE: Secretary please call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, the rules are suspended. The Chair lays out on third reading and final passage House Bill 2417. The secretary will read the caption.

PATSY SPAW: House Bill 2417 relating to the Texas Code of Military Justice.

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

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

SENATOR KEVIN ELTIFE: Senator Rodriguez now moves final passage of House Bill 2417. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays House Bill 2417 is finally passed. Congratulations, Senator Rodriguez.

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

SENATOR KEVIN ELTIFE: Senator Estes is recognized for a motion to suspend the regular order of business on House Bill 534.

SENATOR CRAIG ESTES: Thank you, Mr. President. House Bill 534 proposes a Gunter Municipality Utility Districts 1 and 2 to exist within the boundary after they're annexed to levy a tax at the city's tax rates. So I move to suspend the constitutional order of business and the Senate's regular order of business to take up and consider the House Bill 534.

SENATOR KEVIN ELTIFE: Senator Estes moves suspension of the regular order of business to take up and consider House Bill 534. Is there objection? Chair hears none, rules are suspended. The Chair lays out on second reading House Bill 534. The secretary will read the caption.

PATSY SPAW: Relating to the powers and duties of the Gunter Municipal Utility Districts Nos. 1 and 2.

SENATOR KEVIN ELTIFE: The following amendment, the secretary please read the amendment.

PATSY SPAW: Floor amendment No. 1 by Estes.

SENATOR KEVIN ELTIFE: Senator Estes to explain the amendment.

SENATOR CRAIG ESTES: Thank you, Mr. President and members. Members, this amendment does two things. First, it creates a municipality district No. 1 that encompasses approximately 1686 acres of land. These are both in Grayson and Collins County. Secondly, it creates Mustang Ranch Municipality Management District, 682 acres of land, so I move adoption of floor amendment 1.

SENATOR KEVIN ELTIFE: Senator Estes moves adoption of floor amendment 1. Senator West, for what purpose?

SENATOR ROYCE WEST: Just a question of the author.

SENATOR KEVIN ELTIFE: Senator Estes yield?

SENATOR CRAIG ESTES: I yield.

SENATOR ROYCE WEST: Senator, do these particular municipal utility districts follow the template for the IGR committee? Intergovernmental relations committee?

SENATOR CRAIG ESTES: Excuse me. Say that again.

SENATOR ROYCE WEST: Do they follow the template that we use for all municipal --

SENATOR CRAIG ESTES: Yes, sir. They agree with all the templates that have been done, and they have been agreed to by the leaders of the county.

SENATOR ROYCE WEST: Are there any additional authorities that are in here that would not normally be in the template that would normally be passed as used by the intergovernmental relations committee?

SENATOR CRAIG ESTES: To the best of my knowledge, no.

SENATOR ROYCE WEST: Could you pull it down and check before you pass this and make certain it's line with --

SENATOR CRAIG ESTES: Well, Senator, it's a local bill and --

SENATOR ROYCE WEST: Well, I understand it's a local bill but what we have agreed upon is a model template that all of the senators use and if there is a local bill, but above and beyond what is normally used, there are powers that are pointed out prior to a municipal utility district.

SENATOR CRAIG ESTES: You have my assurance that there are none beyond the template. Yeah, you have my assurance that there are none beyond the template.

SENATOR ROYCE WEST: So you're saying that nothing in here -- this is the template right here?

SENATOR CRAIG ESTES: Yes, sir.

SENATOR ROYCE WEST: Okay. Thank you very much.

SENATOR CRAIG ESTES: Thank you, Senator. Move adoption.

SENATOR KEVIN ELTIFE: Senator Estes moves adoption of floor amendment No. 1. Is there objection? No objection, floor amendment No. 1 is adopted. Senator Estes is recognized for a motion.

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

SENATOR KEVIN ELTIFE: Senator Estes now moves passage to third reading. Is there objection? Chair hears none, House Bill 534 is passed to third reading. Senator Estes is recognized for a motion to suspend the constitutional three day rule.

SENATOR CRAIG ESTES: So moved, Mr. President.

SENATOR KEVIN ELTIFE: Secretary call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, the rule is suspended. The Chair lays out on third reading and final passage House Bill 534 as amended. The secretary will read the caption.

PATSY SPAW: House Bill 534 relating to the powers and duties of the Gunter Municipal Utility Districts Nos. 1 and 2.

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

SENATOR CRAIG ESTES: I move final passage of House Bill 534.

SENATOR KEVIN ELTIFE: Senator Estes now moves final passage of House Bill 534 as amended. Secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, House Bill 534 is finally passed. Congratulations, Senator Estes.

SENATOR CRAIG ESTES: Thank you, Mr. President and members. Thank you, Senator West.

SENATOR KEVIN ELTIFE: Senator Van de Putte is recognized for a motion to suspend the regular order of business on SB 1837.

SENATOR LETICIA VAN DE PUTTE: Thank you, Mr. President and members. I move to suspend the Senate's regular order of business to take up and consider Senate Bill 1837. Members, this is the bill, it's a little bit of a cleanup, and the House insurance committee placed it on local and this is one of the things that was placed yesterday on the total recodification and when we did the sunset, this is about the 4,000 in direct premiums, it's a technical cleanup because of a double registration. With that I move to suspend the Senate's regular order of business.

SENATOR KEVIN ELTIFE: Senator Van de Putte moves suspension of the regular order of business to take up and consider SB 1837. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading SB 1837. The secretary will read the caption.

PATSY SPAW: Senate Bill 1837 Relating to exemptions to persons required to hold a limited property and casualty license.

SENATOR KEVIN ELTIFE: Senator Van de Putte, you're recognized for a motion.

SENATOR LETICIA VAN DE PUTTE: Move passage to engrossment.

SENATOR KEVIN ELTIFE: Senator Van de Putte moves passage to engrossment. Is there objection? Chair hears none, SB1837 is passed to engrossment. Senator Van de Putte, you're recognized for a motion to suspend the constitutional three day rule.

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

SENATOR KEVIN ELTIFE: Secretary call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, the rule is suspended. The Chair lays out on third reading and final passage SB1837 as amended. The secretary will read the caption.

PATSY SPAW: SB 1837 relating to exemptions to persons required to hold a limited property and casualty license.

SENATOR KEVIN ELTIFE: Senator Van de Putte, you're recognized for a motion.

SENATOR LETICIA VAN DE PUTTE: I move final passage of Senate Bill 1837.

SENATOR KEVIN ELTIFE: Senator Van de Putte now moves final passage of SB 1837. Secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, SB 1837 is finally passed. Congratulations, Senator Van de Putte.

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

SENATOR KEVIN ELTIFE: Senator Birdwell is recognized for a motion to suspend the regular order of business on House Bill 91.

SENATOR BRIAN BIRDWELL: Thank you, Mr. President and members. I move to suspend the Senate's regular order of business to take up and consider Committee Substitute to House Bill 91. This bill is a local bill that applies only to Corsicana in Navarro County and expands their extraterritorial jurisdiction from two miles to three miles to allow the city to implement some existing city regulations. This bill does not change the current statute that prohibits the regulation of the numbers regarding prohibiting the numbers size and use of buildings constructed on a particular piece of property, it only expands the ETJ from two miles to three. This bill passed out of the House unanimously and passed unanimously out of IGR. I move suspension.

SENATOR KEVIN ELTIFE: Senator Birdwell moves suspension of the regular order of business to take up and consider House Bill 91. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading House Bill 91. The secretary will read the caption.

PATSY SPAW: House Bill 91, Relating to the extent of extraterritorial jurisdiction for certain municipalities.

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

SENATOR BRIAN BIRDWELL: Move passage to third reading, Mr. President.

SENATOR KEVIN ELTIFE: Senator Birdwell moves passage to third reading. Is there objection? Chair hears none, House Bill 91 is passed to third reading. Senator Birdwell, you're recognized for a motion to suspend the constitutional three day rule.

SENATOR BRIAN BIRDWELL: I move to suspend the three day rule -- the constitutional three day rule, Mr. President.

SENATOR KEVIN ELTIFE: Secretary call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, the rule is suspended. The Chair lays out on third reading and final passage House Bill 91. The secretary will read the caption.

PATSY SPAW: Relating to the extent of extraterritorial jurisdiction for certain municipalities.

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

SENATOR BRIAN BIRDWELL: I move final passage, Mr. President.

SENATOR KEVIN ELTIFE: Senator Birdwell now moves final passage of House Bill 91. Secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, House Bill 91 is finally passed. Congratulations, Senator Birdwell.

SENATOR BRIAN BIRDWELL: Thank you, Mr. President. Thank you, members.

SENATOR KEVIN ELTIFE: Senator Estes, you're recognized for a motion to suspend the regular order of business on House Bill 1137.

SENATOR CRAIG ESTES: Thank you, Mr. President and members. 1137 House Bill. Members, I move to suspend the Senate's regular order of business to take up and consider House Bill 1137 at this time. Members, this is a companion bill to Senate Bill 913 which passed out of the Senate unanimously on April 21st. The House added two amendments. Let me just what this is for. This establishes or requires business establishments before completing a sale of pseudoephedrine to transfer the record real time electronic logging system. As you remember in '05, we passed the meth bill where we put the pseudoephedrine behind the counter. This is the next logical step. So the two amendments make the bill a better bill. It addresses civil liability concerns that could be incurred from a sale or a transaction. The second amendment clarifies that the records are available to local and state and federal law enforcement agencies including the Texas State Drug -- I mean, the United States Drug Enforcement Administration. Sp with that, members, I move to suspend the Senate's regular order of business.

SENATOR KEVIN ELTIFE: Senator Estes moves suspension of the regular order of business to take up and consider House Bill 1137. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading House Bill 1137. The secretary will read the caption.

PATSY SPAW: House Bill 1137, Relating to the transmission of records regarding over-the-counter sales of pseudoephedrine, etc.

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

SENATOR CRAIG ESTES: I move passage to engrossment of House Bill 1137.

SENATOR KEVIN ELTIFE: Senator Estes moves passage to third reading. Is there objection? Chair hears none, House Bill 1137 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, Mr. President.

SENATOR KEVIN ELTIFE: Secretary call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, the rule is suspended. The Chair lays out on third reading and final passage House Bill 1137. The secretary will read the caption.

PATSY SPAW: Relating to the transmission of records regarding over-the-counter sales of ephedrine, pseudoephedrine, etc.

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

SENATOR CRAIG ESTES: I move final passage of House Bill 1137, Mr. President.

SENATOR KEVIN ELTIFE: Senator Estes now moves final passage of House Bill 1137. Secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, House Bill 1137 is finally passed. Congratulations, Senator Estes.

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

SENATOR KEVIN ELTIFE: Senator West, you're recognized for a motion to suspend the regular order of business on Committee Substitute House Bill 2160.

SENATOR ROYCE WEST: Thank you very much, Mr. President and members. I move to suspend the Senate's regular order of business to take up at this time Committee Substitute House Bill 2160. Members, this is a bill by Representative Coleman that gives members of the legislature the ability to serve on regional councils as non ex afficionado members. 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 Committee Substitute to House Bill 2160. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute to House Bill 2160. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 2160, Relating to the governing bodies of certain local planning organizations.

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

SENATOR ROYCE WEST: Move passage to third reading.

SENATOR KEVIN ELTIFE: Senator West moves passage to third reading. Is there objection? Chair hears none, Committee Substitute to House Bill 2160 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: Secretary call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute House Bill 2160. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 2160 Relating to the governing bodies of certain local planning organizations.

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

SENATOR ROYCE WEST: Move final passage.

SENATOR KEVIN ELTIFE: Senator West now moves final passage of Committee Substitute to House Bill 2160. Secretary will call the roll.

SENATOR KEVIN ELTIFE: 29 ayes, two nays, Committee Substitute to House Bill 2160 is finally passed. Congratulations, Senator West. Senator Uresti, you ready? House Bill 397. Senator Uresti, you're recognized for a motion to suspend the regular order of business on Committee Substitute to House Bill 397.

SENATOR CARLOS URESTI: Thank you, Mr. President and members. House Bill 397 is relating to the creation of the Bureau of Economic Development of the Border Region. This is a consensus bill that is a result of negotiations among many stakeholders. The bill creates a bureau to study economic development in the Border Region. The board will work with public private entities in an advisory capacity to research economic development in the Border Region. It will make recommendations to the legislature pursuant to the two-thirds vote of attending members and it contains language specifying no state money will be appropriated to the bureau. With that, Mr. President, I move to suspend the Senate's regular order of business to take up and consider Committee Substitute to House Bill 397.

SENATOR KEVIN ELTIFE: Senator Uresti moves suspension of the regular order of business to take up and consider Committee Substitute House Bill 397. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute to House Bill 397. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 1137, Relating to the creation of the Bureau for Economic Development of the Border Region.

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

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

SENATOR KEVIN ELTIFE: Senator Uresti moves passage to third reading. Is there objection? Chair hears none, Committee Substitute House Bill 397 is passed to third reading. Senator Uresti, you're recognized for a motion to suspend the constitutional three day rule. Motion to suspend the constitutional three day rule. Senator Uresti. Senator Uresti, you need to make a motion to suspend the constitutional three day rule.

SENATOR CARLOS URESTI: So moved, Mr. President.

SENATOR KEVIN ELTIFE: Secretary call the roll.

SENATOR KEVIN ELTIFE: 27 ayes, four nay, the rule is suspended. We have an amendment.

SENATOR CARLOS URESTI: I do, Mr. President.

SENATOR KEVIN ELTIFE: The following amendment, the secretary will read the amendment.

PATSY SPAW: Floor amendment No. 1 by Uresti.

SENATOR KEVIN ELTIFE: Senator Uresti to explain the amendment on third reading.

SENATOR CARLOS URESTI: Thank you, Mr. President, members. The clarifying amendment is what leg counsel said was needed to fix the term expiration date of certain members of the steering committee, and it strikes 2014 and substitutes it with 2012. I move adoption of the amendment.

SENATOR KEVIN ELTIFE: Members, you've heard the motion by Senator Uresti. He moves adoption of floor amendment No. 1. Is there any objection? Chair hears none, the floor amendment is adopted. Senator Uresti, you're recognized for a motion.

SENATOR CARLOS URESTI: I move final passage.

SENATOR KEVIN ELTIFE: Senator Uresti now moves final passage of Committee Substitute to House Bill 397. Secretary will call the roll.

SENATOR KEVIN ELTIFE: 26 ayes, five nays, Committee Substitute to House Bill 397 as amended is finally passed. Congratulations, Senator Uresti.

SENATOR CARLOS URESTI: Thank you, Mr. President.

SENATOR STEVE OGDEN: Senator Ellis is recognized for a motion to suspend the regular order of business on Committee Substitute to House Bill 3616.

SENATOR RODNEY ELLIS: Mr. President and members, this bill provides that October is Persons with Disabilities History and Awareness Month to increase awareness of many achievements of people with disabilities, achieve understanding of disability rights, and it requires that Persons with Disabilities Awareness Month be regularly observed by appropriate celebration and activities to promote the better treatment of people with disabilities. Purely option. I move to suspend the Senate's regular order of business to take up and consider Committee Substitute to House Bill 3616.

SENATOR STEVE OGDEN: Senator Ellis moves suspension of the regular order of business to take up and consider Committee Substitute to House Bill 3616. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute to House Bill 3616. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 3616, Relating to designating October as Persons with Disabilities History and Awareness Month.

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

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

SENATOR STEVE OGDEN: Senator Ellis moves passage to third reading. Is there objection? Hearing none, the bill is passed to third reading. 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 STEVE OGDEN: Secretary call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nay, the constitutional rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to House Bill 3616. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 3616 Relating to designating October as Persons with Disabilities History and Awareness Month.

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

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

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays, the bill is finally passed. Thank you.

SENATOR RODNEY ELLIS: Thank you, sir.

SENATOR STEVE OGDEN: Senator Davis is recognized for a motion to suspend the regular order of business on House Bill 2971.

SENATOR WENDY DAVIS: Thank you, Mr. President. I move to suspend the Senate's regular order of business to take up and consider House Bill 2971. House Bill 2971 extends the constitutionality under section 21.355 of the education code to the performance evaluations for teachers and administrators in charter schools. This confidentiality is important because it encourages in an honest evaluation and encourages follow up discussions between and educator and his or her supervisor. The confidentiality is currently provided to teachers and administrators that are in traditional public schools and this would simply extend that same confidentiality provision for those in our public charter schools. Mr. President, I move to suspend the Senate's regular order of business.

SENATOR STEVE OGDEN: Senator Davis moves suspension of the regular order of business to take up and consider Committee Substitute to House Bill 2971. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute to House Bill 2971. The secretary will read the caption.

PATSY SPAW: House Bill 2971, Relating to the confidentiality of documents evaluating the performance of public school teachers.

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

PATSY SPAW: Floor amendment No. 1 by Davis.

SENATOR STEVE OGDEN: Senator Davis, you're recognized your amendment.

SENATOR WENDY DAVIS: Thank you, Mr. President. This amendment actually again seeks to make sure that the provision on the sharing of this information mirrors that of our traditional public schools. Our traditional public schools allows that confidential information to be shared between school districts and within schools within a school district. and that should certainly be allowed even though there is confidentiality provision of these evaluations outside of the school arenas. So it would extend the sharing of that evaluation of charter school educators at one charter school seeking employment at another charter school or a public school within a school system. I move adoption of floor amendment No. 1.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, floor amendment No. 1 is adopted. Senator Davis, you're recognized for a motion.

SENATOR WENDY DAVIS: Thank you, Mr. President. I move passage to third reading.

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

SENATOR WENDY DAVIS: So moved, Mr. President.

SENATOR STEVE OGDEN: Secretary call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nay, the constitutional rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to House Bill 2971. The secretary will read the caption.

PATSY SPAW: House Bill 2971 Relating to the confidentiality of documents evaluating the performance of public school teachers.

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

SENATOR WENDY DAVIS: Thank you, Mr. President. I move final passage of House Bill 2971.

SENATOR STEVE OGDEN: The secretary will call the roll.

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

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

SENATOR STEVE OGDEN: Senator Williams is recognized for a motion to suspend the regular order of business on House Bill 442.

SENATOR TOMMY WILLIAMS: Thank you, Mr. President, members. House Bill 442 streamlines attempts to establish a statewide emergency radio infrastructure between statewide public agencies and allows for a GR dedicated emergency radio infrastructure account. The bill serves to protect Texans by connecting first responder operations in the state and responding quickly in the case of a statewide emergency. I have an amendment. I move to suspend the Senate's regular order of business to take up and consider House Bill 442. Oh, I don't have an amendment. Sorry.

SENATOR STEVE OGDEN: Is there objection to the suspension of the regular order of business? Chair hears none, the rule is suspended. The Chair lays out on second reading House Bill 442. The secretary will read the caption.

PATSY SPAW: House Bill 442, Relating to the establishment of an emergency radio infrastructure account.

SENATOR STEVE OGDEN: Chair recognizes Senator Williams for a motion.

SENATOR TOMMY WILLIAMS: I move passage to third reading.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, so ordered. Senator Williams is recognized for a motion to suspend the constitutional three day rule to take up and consider House Bill 442.

SENATOR TOMMY WILLIAMS: So moved.

SENATOR STEVE OGDEN: Secretary call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nay, the constitutional rule is suspended. The Chair lays out on third reading and final passage House Bill 442. The secretary will read the caption.

PATSY SPAW: House Bill 442 Relating to the establishment of an emergency radio infrastructure account.

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

SENATOR TOMMY WILLIAMS: I move final passage.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays, the bill is finally passed.

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

SENATOR STEVE OGDEN: Senator Estes is recognized for a motion to suspend the regular order of business on House Bill 2118.

SENATOR CRAIG ESTES: Thank you, Mr. President and members. House Bill 2118 adds chemical compounds used to make the dangerous synthetic drug known as bath salts to the Texas Controlled Substances Act. These chemicals have nothing to do with bath and nothing to do with salt. They're dangerous synthetic drugs that are marketed not for human consumption and they are not regulated by state or federal law or sold legally but they are sold legally in convenience stores, head shops and over the Internet. So House Bill 2118 makes the manufacture, position and delivery of these compounds a punishable offense. It also bans similar chemical compounds to the drugs to prevent the manufacturers from skirting around the law by slightly modifying the formula. Members, many states are looking to outlaw these bath salts. So with that, Mr. President, I move to suspend the Senate's regular order of business to take up and consider House Bill 2118 at this time.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading House Bill 2118. The secretary will read the caption.

PATSY SPAW: House Bill 2118, Relating to adding certain synthetic compounds to Penalty Group 2 of the Texas Controlled Substances Act.

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

SENATOR CRAIG ESTES: I move passage to engrossment of House Bill 2118.

SENATOR STEVE OGDEN: Is there objection? Hearing none, the bill 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, Mr. President.

SENATOR STEVE OGDEN: Secretary call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nay, the constitutional three rule is suspended. The Chair lays out on third reading and final passage House Bill 2118. The secretary will read the caption.

PATSY SPAW: House Bill 2118 Relating to adding certain synthetic compounds to Penalty Group 2 of the Texas Controlled Substances Act.

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

SENATOR CRAIG ESTES: Thank you, Mr. President. I move final passage of House Bill 2118.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays, the bill is finally passed. Thank you, Senator.

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

SENATOR STEVE OGDEN: Senator Birdwell is recognized for a motion to suspend the regular order of business on Committee Substitute to House Bill 592.

SENATOR BRIAN BIRDWELL: Thank you, Mr. President. Members, I move to suspend the Senate's regular order of business to take up and consider Committee Substitute to House Bill 592. Committee Substitute to House Bill 592 would allow several counties to decide at the local level whether or not to operate a juvenile justice alternative education program, an JJAEP. Current law requires a county with a population greater than 125,000 to establish a JJAEP and counties with less than that have the choice to offer a program or not. Mr. President, I do have a floor amendment that will clarify my intent that will specifically bracket this House Bill 592 to one of my counties Ellis County. Mr. President, I move to suspend the Senate's regular order of business.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute to House Bill 592. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 592, Relating to certain counties that are not required to operate a juvenile justice alternative education program.

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

PATSY SPAW: Floor amendment 1 by Birdwell.

SENATOR STEVE OGDEN: Chair recognizes Senator Birdwell on his amendment.

SENATOR BRIAN BIRDWELL: Mr. President, members, this amendment clarifies the original language of the original House Bill 592 to specifically bracket Ellis County. The committee substitute actually pulled in one of my other counties with that description Johnson County, and so this language will basically remove Johnson County from consideration and bring it back simply to Ellis County. I move adoption, Mr. President.

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

SENATOR BRIAN BIRDWELL: I move to pass to third reading, Mr. President.

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

SENATOR BRIAN BIRDWELL: So moved, Mr. President.

SENATOR STEVE OGDEN: Secretary call the roll.

SENATOR STEVE OGDEN: 30 ayes, one nay, the constitutional rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to House Bill 592. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 592 Relating to certain counties that are not required to operate a juvenile justice alternative education program.

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

SENATOR BRIAN BIRDWELL: I move final passage, Mr. President.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: 30 ayes, one nay, the bill is finally passed. Thank you.

SENATOR BRIAN BIRDWELL: Thank you, Mr. President. Thank you, members.

SENATOR STEVE OGDEN: Senator Hegar is recognized for a motion to suspend the regular order of business on Committee Substitute to House Bill 1201.

SENATOR GLENN HEGAR: Thank you, Mr. President and members. House Bill 1201 seeks to remove all remaining references in Texas state law to the Trans Texas Corridor. True provision (inaudible) Trans Corridor language are contained under this bill and placed elsewhere in the transportation code. First, the authority of TxDOT to set higher speed limits on roads engineered to set those higher speed but only if a safety study supports that higher speed. Secondly, the second part that is contained elsewhere in the transportation code is TxDOT's authority to set higher weight limits on exclusive lanes if engineering and safety studies support that higher weight limit. I would move to suspend the Senate's regular order of business to take up and consider Committee Substitute to House Bill 1201 at this time.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute to House Bill 1201. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 1201, Relating to repeal of authority for the establishment and operation of the Trans-Texas Corridor.

SENATOR STEVE OGDEN: Following amendment, the secretary will read the amendment.

PATSY SPAW: Floor amendment No. 1 by Hegar.

SENATOR STEVE OGDEN: Chair recognizes Senator Hegar on his amendment.

SENATOR GLENN HEGAR: Thank you, Mr. President and members. This amendment corrects a drafting error and returns the bill to the form that we passed out to Senate Transportation Committee. It conforms sections 2 and 3 of the bill to section 1 to ensure that state highways under lease are exempt from property taxes just like (inaudible) other state highways. And I would move adoption of floor amendment No. 1.

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

SENATOR MIKE JACKSON: I got a question on the bill after the adoption of the amendment.

SENATOR STEVE OGDEN: Is there objection to floor amendment No. 1? Chair hears none, the amendment is adopted. Senator Jackson, you're recognized to ask a question.

SENATOR MIKE JACKSON: Will the gentleman yield?

SENATOR GLENN HEGAR: Yes, gladly.

SENATOR MIKE JACKSON: Thank you, Senator Hegar. I just have a quick question on a part of the bill and wanted some quick clarification on the bill about authorizing higher weight limits on exclusive lanes. What are we talking about there?

SENATOR GLENN HEGAR: Essentially that one thing the Trans-Texas Corridor legislation allowed was many different things but two things specifically that TxDOT could authorize if roads were engineered to a higher standard, in other words, right now the typical standard that we have whether it's concrete or asphalt we have a weight limit. However, if roads were built and engineered for a higher weight limit, then we could have heavier truck loads specifically on those lanes. and so the legislation, we're retaining two pieces, that and the speed limit and putting it elsewhere in the transportation code. Because by taking the Trans-Texas Corridor legislation out of statute, those two would disappear as well. So we're putting those two back into law.

SENATOR MIKE JACKSON: So allow them to continue but in order for that to be utilized, it's not an automatic grant for that to be utilized; is that correct?

SENATOR GLENN HEGAR: Yes, sir, that is correct. TxDOT has that authority today, but they have it specifically in the corridor language today and so by making sure those two pieces of legislation stay elsewhere in the transportation code, they would retain that authority but it would only be if they're engineered for that capacity.

SENATOR MIKE JACKSON: Thank you.

SENATOR GLENN HEGAR: Thank you, Senator.

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

SENATOR GLENN HEGAR: Move passage to third reading.

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

SENATOR GLENN HEGAR: So moved.

SENATOR STEVE OGDEN: Secretary call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nay, the constitutional three rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to House Bill 1201. The secretary will read the caption.

PATSY SPAW: House Bill 1201 Relating to repeal of authority for the establishment and operation of the Trans-Texas Corridor.

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

SENATOR GLENN HEGAR: Thank you, Mr. President. I move final passage of Committee Substitute to House Bill 1201 as amended.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: Committee Substitute to House Bill 1201 eliminating the authority and establishment of the Trans-Texas Corridor is finally passed. Senator Seliger is recognized for a motion to suspend the regular order of business on House Bill 1278.

SENATOR KEL SELIGER: Thank you, Mr. President. I move to suspend the regular order of business to take up and consider House Bill 1278 at this time relating to regulation by property owners association of (inaudible) prohibit residents from displaying certain religious items on the entry of their home. A property owner or resident may be fined. House Bill 1278 prohibits property owners associations from prohibiting any property owner or resident from displaying one or more religious items being displayed by one or more owner of owner or resident's religion on the door or door frame of the home. It is specified that the limitation is an area for one item or more covering 25 inches or less. I move suspension.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading House Bill 1278. The secretary will read the caption.

PATSY SPAW: House Bill 1278, Relating to regulation by a property owners' association of certain religious displays.

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

PATSY SPAW: Floor amendment No. 1 by Seliger.

SENATOR STEVE OGDEN: Senator Seliger, you're recognized on your amendment.

SENATOR KEL SELIGER: Mr. President, I have a floor amendment. This makes a nonsubstantive change, but the amendment tweaks a small sentence in the bill to conform the language to the Freedom Restoration Act. Does not change the effect of the bill.

SENATOR STEVE OGDEN: Is there adoption of the floor amendment? Chair hears none, the floor ament is adopted. Senator Seliger is recognized for a motion.

SENATOR KEL SELIGER: Mr. President, I move passage to third reading of House Bill 1278.

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

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

SENATOR STEVE OGDEN: Secretary call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nay, the constitutional three rule is suspended. The Chair lays out on third reading and final passage House Bill 1278. The secretary will read the caption.

PATSY SPAW: House Bill 1278 Relating to regulation by a property owners' association of certain religious displays.

SENATOR STEVE OGDEN: Senator Seliger --

SENATOR KEL SELIGER: Mr. President, I move final passage of House Bill 1278.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays, the bill is finally passed. Thank you, Senator.

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

SENATOR STEVE OGDEN: Senator Watson is recognized for a motion to suspend the regular order of business on House Bill 499.

SENATOR KIRK WATSON: Mr. President, I move to suspend the Senate's regular order of business to take up and consider at this time House Bill 499 which is a conforming measure in the tax code. The bill adds section 42.42 to the tax code pertaining to supplemental or revised property tax bills to the list of code in section 33.08 that permits delayed delinquencies and an alternative process for providing notice. I move suspension of the rules.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading House Bill 499. The secretary will read the caption.

PATSY SPAW: House Bill 499, Relating to the additional penalty for collection costs for certain delinquent ad valorem taxes.

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

SENATOR KIRK WATSON: Mr. President, I move passage of House Bill 499 to third reading.

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

SENATOR KIRK WATSON: So moved.

SENATOR STEVE OGDEN: Secretary call the roll.

SENATOR STEVE OGDEN: 30 ayes, one nay, the constitutional rule is suspended. The Chair lays out on third reading and final passage House Bill 499. The secretary will read the caption.

PATSY SPAW: House Bill 499 Relating to the additional penalty for collection costs for certain delinquent ad valorem taxes.

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

SENATOR KIRK WATSON: Mr. President, I move final passage of House Bill 499.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, no nay, the bill is finally passed. Thank you, Senator.

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

SENATOR STEVE OGDEN: The following resolution, the secretary will read the resolution.

PATSY SPAW: Senate Concurrent Resolution recalling House Bill 2277 from the House for further consideration by Williams.

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

SENATOR TOMMY WILLIAMS: Thank you, Mr. President and members. I'm asking with this resolution to recall House Bill 2277 and have it returned to us. This is the bill by Eiland that I was the sponsor of. The bill dealt with the regulation of annuity contracts, and the purpose of the bill was to keep annuity regulation at the state level rather than sending that to the federal level. There was an amendment that I accepted from Senator Carona that dealt with (inaudible) settlements. It was an amendment that was acceptable to me, but unfortunately there was a wrong -- he explained the amendment correctly but the amendment that was distributed and attached to the bill when we passed it was technically incorrect and I'm asking for this bill to be recalled so we can reconsider and get the correct amendment attached. With that, Mr. President, I move adoption of SCR 57.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, the motion is adopted.

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

LT. GOVERNOR DAVID DEWHURST: Members, I'm going to bring up the House redistricting bill, and the House is going to bring up the Senate redistricting bill. With the exception of Senator Whitmire's district. We're carving that out -- we'll hold that out until later. Well, I didn't want to leave you in animated suspension too long. Chair recognizes Senator Seliger is recognized for a motion to suspend the Senate's regular order of business to consider House Bill 150.

SENATOR KEL SELIGER: Mr. President, I move to suspend the Senate's regular order of business to take up House Bill 150 at this time which is the bill that describes the map for redistricting for the Texas House of Representatives. As you have described, the doors will be open soon -- we're not doing it between here and the House? We will simultaneously pass this bill with the House's action on the Senate bill.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Seliger. Members, you've heard the motion by Senator Seliger. Is there objection from any member? Chair hears no objection from any member, the rule is suspended. The Chair lays out on third reading and final passage House Bill 150. The secretary will read the caption.

PATSY SPAW: House Bill 150, Relating to the composition of the districts for the election of members of the Texas House of Representatives.

SENATOR KEL SELIGER: Thank you, Mr. President. It's appropriate at this time, I think --

LT. GOVERNOR DAVID DEWHURST: If you can hold just a second. Senator Gallegos, for what purpose do you rise?

SENATOR MARIO GALLEGOS: At the appropriate time I just want to say something --

LT. GOVERNOR DAVID DEWHURST: You're recognized.

SENATOR MARIO GALLEGOS: Mr. President, members, in lieu of what the House did to Harris County, I have to vote against the bill and I have a letter to put in the journal.

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

SENATOR KEL SELIGER: Mr. President, I move final passage of House Bill 150.

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

LT. GOVERNOR DAVID DEWHURST: 24 ayes, the House Bill 150, the House redistricting map is finally passed.

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

LT. GOVERNOR DAVID DEWHURST: With exception. I've just been notified by the House with the exception of Senator Whitmire's district.

SENATOR KEVIN ELTIFE: Mr. President, may I be recognized.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Eltife.

SENATOR KEVIN ELTIFE: Members, I think we should give Senator Seliger a round of applause for the incredible job he did. Thank you, Mr. President.

LT. GOVERNOR DAVID DEWHURST: Senator Patrick, are you ready on 2135? Chair recognizes Senator Patrick for a motion to suspend the Senate's regular order of business to take up and consider Committee Substitute to House Bill 2135.

SENATOR DAN PATRICK: Thank you, Mr. President. Not as climatic as this last bill we passed, but a great bill for our students and our schools. House Bill 2135 addresses an issue with the new accountability system in public education with the implementation of the STAR assessments in grades 3 through 8, the end of course, EOC, assessments for 9th grade, some middle school students taking advanced courses are having to take both tests. We passed a bill out of here to address the 8th grade issue. It is sitting in the house. This bill also addresses the 7th grade, so we've combined our bills with Representative Hochberg. It allows middle school students enrolled in high school classes credit to be assessed through the EOC instead of the STAR and allow the middle school students taking an advanced course to be assessed for their course they're taking. I move to suspend the regular order of business, Mr. President. This in effect ends double testing. 7th and 8th grade.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Patrick. Members, you've heard the motion by Senator Patrick. Is there objection from any member? Chair hears no objection from any member, and the rule is suspended. The Chair lays out on second reading Committee Substitute to House Bill 2135. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 2135, Relating to the administration of end-of-course and other assessment instruments to certain public school students.

LT. GOVERNOR DAVID DEWHURST: Thank you, Madam Secretary. Members, you've heard the -- the Chair recognizes Senator Patrick for a motion.

SENATOR DAN PATRICK: I move to engrossment.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Members, you've heard the motion by Senator Patrick. Is there objection from any member? Chair hears no objection from any member, and Committee Substitute to House Bill 2135 passes to third reading. Chair recognizes Senator Patrick for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR DAN PATRICK: So moved, Mr. President.

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

LT. GOVERNOR DAVID DEWHURST: There being ayes and no nays, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to House Bill 2135. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 2135, Relating to the administration of end-of-course and other assessment instruments to certain public school students.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Patrick for a motion.

SENATOR DAN PATRICK: I move final passage, Mr. President.

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

LT. GOVERNOR DAVID DEWHURST: There being ayes, no nay, Committee Substitute to House Bill 2135 is finally passed.

SENATOR DAN PATRICK: Thank you, sir.

LT. GOVERNOR DAVID DEWHURST: Thank you. Chair recognizes Senator Ogden for a motion to suspend the Senate's regular order of business to take up and consider Committee Substitute to HJR 109.

SENATOR STEVE OGDEN: Members, I appreciate your attention on this. This is a pretty significant constitutional amendment. House Joint Resolution 109 proposes a constitutional amendment that if approved by the voters references the permanent school fund. It will allow the general land office to distribute revenue derived from the permanent school fund land to the available school fund and it will provide for an increase in the market value of the permanent school fund for purposes of allowing increased distributions from the available school fund. I move to suspend the regular order of business.

LT. GOVERNOR DAVID DEWHURST: Members, you've heard the motion by Senator Ogden. Is there objection from any member? Chair hears no objection, and the rule is suspended. The Chair lays out on second reading Committee Substitute to HJR 109. The secretary will read the caption.

PATSY SPAW: Committee Substitute to HJR 109, Proposing a constitutional amendment to clarify references to the permanent school fund.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Ogden for a motion.

SENATOR STEVE OGDEN: Mr. President, members, I move passage to third reading of Committee Substitute to HJR 109.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Members, you've heard the motion by Senator Ogden. Is there objection from any member? Chair hears no objection from any member, and Committee Substitute to HJR 109 passes to third reading. Chair recognizes Senator Ogden for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR STEVE OGDEN: Mr. President, members, I move to suspend the constitutional three day rule to take up and consider Committee Substitute to House Joint Resolution 109.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Members, you've heard the motion by Senator Ogden, 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, Ogden, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

LT. GOVERNOR DAVID DEWHURST: There being ayes and no nays, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to HJR 109. The secretary will read the caption.

PATSY SPAW: Committee Substitute to HJR 109, Proposing a constitutional amendment to clarify references to the permanent school fund.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Ogden for a motion.

SENATOR STEVE OGDEN: Mr. President, members, I move final passage of Committee Substitute to HJR 109.

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

LT. GOVERNOR DAVID DEWHURST: There being ayes, no nay, Committee Substitute to HJR 109 is finally passed. Senator Ogden, congratulations. Chair recognizes Senator Hegar for a motion to suspend the Senate's regular order of business to take up and consider Committee Substitute to House Bill 2603.

SENATOR GLENN HEGAR: Thank you, Mr. President and members. House Bill 2603 proposes an additional option for the way Texas universal service fund can be distributed in rural counties. The bill ensures that when the PUC conducts a proceeding regarding a USF, disbursement to a company, that a PUC order would prevail over that statute. The committee sub that we had before added a sunset provision to have the program expire September 1, 2013, at the request of Senator Carona and the committee and I would move to suspend the Senate's regular order of business to take up and consider Committee Substitute to House Bill 2603.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Members, you've heard the motion by Senator Hegar. Is there objection from any member? Chair hears no objection from any member, and the rule is suspended. The Chair lays out on second reading Committee Substitute to House Bill 2603. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 2603, Relating to the distribution of universal service funds to certain small and rural local exchange companies.

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

SENATOR MIKE JACKSON: Will the gentleman yield?

SENATOR GLENN HEGAR: Gladly.

SENATOR MIKE JACKSON: Thank you. Senator Hegar, this is the universal service fund monies that we are extending the use of; is that correct?

SENATOR GLENN HEGAR: This is the legislation that we heard at Senator Carona's desk a couple of days ago in the business and commerce committee. And one of the questions -- this may not be your question, but I was wanting to mention it, was: Was there opposition. There was on the House side. However, we corrected and made sure we changed the bill on its way over here from the House to essentially bring all the different parties on board where there was no opposition at that point.

SENATOR MIKE JACKSON: Okay. What were they disagreeing about?

SENATOR GLENN HEGAR: They wanted to make sure how this was going to be put into place and then one of the things was where the PUC order would actually prevail over the statute.

SENATOR MIKE JACKSON: Okay. But are we not extending this universal service fund for a couple more years?

SENATOR GLENN HEGAR: Yes, sir, we are.

SENATOR MIKE JACKSON: And the universal service fund money is generated how?

SENATOR GLENN HEGAR: It is generated by fees that are put on individuals on their telephone bills and --

SENATOR MIKE JACKSON: I mean, it's added to your phone bill every month?

SENATOR GLENN HEGAR: Yes, sir, that is correct.

SENATOR MIKE JACKSON: And weren't these fees supposed to be sunset?

SENATOR GLENN HEGAR: Yes, sir. The bill now has a sunset provision whereby it proportionately expires in 2013 rather than as before the committee substitute that we laid out in Senator Carona's committee, that it would not have a sunset provision on it. So we put it for just a few more years. And as you know, the money for these fees are used for very high cost areas and rural areas trying to make sure that we continue to have landlines and one of the problems is landline usage -- the number of landlines have gone down, however, the infrastructure is still there.

SENATOR MIKE JACKSON: Okay. But what was the original sunset date on this legislation?

SENATOR GLENN HEGAR: I don't recall that.

SENATOR MIKE JACKSON: I think it was either last session maybe. Was it extended?

SENATOR GLENN HEGAR: I don't know, Senator.

SENATOR MIKE JACKSON: So to me this is something that just won't go away. It just continues to be continued.

SENATOR GLENN HEGAR: Well, I can tell you that my legislation has it going away in 2013.

SENATOR MIKE JACKSON: And I guess if I had my preference, it would go away right now.

SENATOR GLENN HEGAR: I understand. We have two different districts that try to deal with landlines because being in the rural areas.

SENATOR MIKE JACKSON: Well, this thing was set up years and years and years ago and that has always been the argument, we need to be able to install in rural areas affordable landlines and if that hadn't been done in the last 15 or 20 years, it just seems to me that we should have been able to do that and done that many years ago. What does your bill have in here for safeguards to show when companies receive this money, how they use it?

SENATOR GLENN HEGAR: Well, the PUC has the ability in dealing with the money because they are the provider over the universal service fund so it's actually at the PUC and at their shop and under their rules and regulations to make sure that the fund is administered in the most prudent, fiscal and economical manner as possible.

SENATOR MIKE JACKSON: And I know this means millions of dollars to these telephone companies, but it also means millions of dollars people are paying in fees to their phone bill.

SENATOR GLENN HEGAR: It goes both words, it's no different than we've had discussions, you and I, whether it's TERT funding or other funding and the question is how do you strike those right balances for the interest of those receiving the benefit in the state overall for the economic activity of the state.

SENATOR MIKE JACKSON: To your knowledge has the PUC ever found any phone company in violation over the --

SENATOR GLENN HEGAR: I do not know. I did not research those issues in dealing with this legislation.

SENATOR MIKE JACKSON: Thank you, Senator.

SENATOR GLENN HEGAR: Thank you, Senator. Move passage to third, reading, Mr. President. Whitmire, are you filibustering?

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Members, you've heard the motion by Senator Hegar. Is there objection from any member? Chair hears no objection, and Committee Substitute to House Bill 2603 passes to third reading. Senator Jackson, did you wish -- all right. Chair recognizes Senator Hegar for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR GLENN HEGAR: So moved, Mr. President.

LT. GOVERNOR DAVID DEWHURST: Members, you've heard the motion by Senator Hegar, 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, Hegar, Hegar, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

LT. GOVERNOR DAVID DEWHURST: There being ayes and one nays, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to House Bill 2603. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 2603, Relating to the distribution of universal service funds to certain small and rural local exchange companies.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Hegar for a motion.

SENATOR GLENN HEGAR: I move final passage of Committee Substitute to House Bill 2603, Mr. President.

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

LT. GOVERNOR DAVID DEWHURST: There being ayes, one nay, Committee Substitute to House Bill 2603 is finally passed. Congratulations. Chair recognizes Senator Gallegos for a motion to suspend the Senate's regular order of business to take up and consider Committee Substitute to Senate Bill 677.

SENATOR MARIO GALLEGOS: Thank you, Mr. President. I move to suspend the Senate's regular order of business in order to take up and consider Committee Substitute to Senate Bill 677. Members, the Texas Public Information Act was established so the public remains informed of government, and when someone requests information, the government body has ten days to reply. These type of provisions are sometimes violated. What Senate Bill 677 does is it amends the Texas Public Information Act so that civil penalties may be assessed on governmental bodies who do not comply without changing the timing provisions. It also imposes penalties for actions against a governmental body for violation of the Texas Open Meetings Act. And finally all monies collected under these provisions are to be deposited in the general revenue fund. I move for suspension of regular order of business, Mr. President.

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

LT. GOVERNOR DAVID DEWHURST: Members, there being 19 ayes and 12 nays, the bill fails to suspend.

SENATOR MARIO GALLEGOS: Thank you, Mr. President.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Chair recognizes Senator Ogden for a motion to suspend the Senate's regular order of business to take up and consider House Bill 2518.

SENATOR STEVE OGDEN: Mr. President and members, I move to suspend the regular order of business to take up and consider House Bill 2518. In 1988 the Texas Forest Service and the Texas Department of Criminal Justice entered into a lease agreement regarding about 2 and a half acres of land in the city of Huntsville. The Forest Service and TDCJ agreed to the lease payment conditions but due to statutory changes requiring TDCJ to lease property for a fair market value, a lease renewal would require a substantial increase in lease payments and require the lease financially unfeasible for the Forestry Service. House Bill 2518 provides for the transfer of 2.536 acres of land in the city of Huntsville from the Texas Board of Criminal Justice to the Board of Regents to the Texas A&M University System for the benefit and the use of the Texas Forest Service. This transfer requires legislative approval. If the property is used for any reason other than that, other than the use and benefit for the Texas Forest Service ownership of the property automatically reverts back to the Texas Board of Criminal Justice. TDCJ supports the transfer and does not expect any operational or fiscal impact as a result. I move to suspend the regular order of business.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. You've heard the motion by Senator Ogden. Is there objection from any member? Chair hears no objection from any member, and the rule is suspended. The Chair lays out on second reading House Bill 2518. The secretary will read the caption.

PATSY SPAW: House Bill 2518, Relating to the transfer of certain state property from the Texas Board of Criminal Justice to the board of regents of The Texas A&M University System.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Ogden for a motion.

SENATOR STEVE OGDEN: Mr. President, members, I move passage to third reading of House Bill 2518.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Ogden. Members, you've heard the motion by Senator Ogden. Is there objection from any member? Chair hears no objection from any member, and House Bill 2518 passes to third reading. Chair recognizes Senator Ogden for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR STEVE OGDEN: Mr. President, members, I move to suspend the constitutional three day rule to take up and consider House Bill 2518.

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

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

LT. GOVERNOR DAVID DEWHURST: There being ayes and no nays, the rule is suspended. The Chair lays out on third reading and final passage House Bill 2518. The secretary will read the caption.

PATSY SPAW: House Bill 2518, Relating to the transfer of certain state property from the Texas Board of Criminal Justice to the board of regents of The Texas A&M University System.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Ogden for a motion.

SENATOR STEVE OGDEN: Mr. President, members, I move final passage of House Bill 2518.

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

LT. GOVERNOR DAVID DEWHURST: There being ayes, no nay, House Bill 2518 is finally passed. Congratulations. Senator Van de Putte, are you ready on 1964? Chair recognizes Senator Van de Putte for a motion to suspend the Senate's regular order of business to take up and consider Committee Substitute House Bill 1964.

SENATOR LETICIA VAN DE PUTTE: Thank you, Mr. President, members. I move to suspend the Senate's regular order of business to take up and consider at this time Committee Substitute House Bill 1964. Members, this is a bill that continues the excellent work that is being done on issues in juvenile justice. The bill would give municipal judges and JPs more flexibility to determine the appropriate punishment for a juvenile Class C misdemeanors citation. This would allow a municipal judge and JP to have community service hours which is already in this type of code. But would also let them do some community service hours with some formal programs. With that, I move suspension of the Senate's regular order of business.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. You've heard the motion by Senator Van de Putte. Is there objection from any member? Chair hears no objection from any member, and the rule is suspended. The Chair lays out on second reading Committee Substitute House Bill 1964. The secretary will read the caption.

PATSY SPAW: Committee Substitute House Bill 1964, Relating to discharging fines and costs assessed against certain juvenile defendants through community service.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Van de Putte for a motion. Excuse me, there's an amendment. The Chair lays out the following amendment, floor amendment No. 1 by Van de Putte. The secretary will read the amendment.

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

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Van de Putte to explain floor amendment No. 1.

SENATOR LETICIA VAN DE PUTTE: Thank you, Mr. President. Members, the proposed amendment allows for the Justice of Municipal Courts to order the child that has committed the offense to attend a special program. The program sometimes are done by a municipal governing body, and this would allow the JPs additional flexibility not only to order them for a county run program but a municipal program. With that, I move adoption of the amendment.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Members, you've heard the motion by Senator Van de Putte. Is there any objection by any member? Chair hears no objection, and floor amendment No. 1 is adopted. Chair recognizes Senator Van de Putte for a motion.

SENATOR LETICIA VAN DE PUTTE: I move passage of the Committee Substitute House Bill 1964 as amended to third reading.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Members, you've heard the motion by Senator Van de Putte. Is there objection from any member? Chair hears no objection from any member, and Committee Substitute House Bill 1964 passes to third reading. Chair recognizes Senator Van de Putte for a motion to suspend the constitutional rule that bills be read on three several days.

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

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Members, you've heard the motion by Senator Van de Putte, the secretary will call the roll.

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

LT. GOVERNOR DAVID DEWHURST: There being ayes and no nays, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute House Bill 1964. The secretary will read the caption.

PATSY SPAW: Committee Substitute House Bill 1964, Relating to discharging fines and costs assessed against certain juvenile defendants through community service.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Van de Putte for a motion.

SENATOR LETICIA VAN DE PUTTE: Thank you, Mr. President. I move final passage of Committee Substitute House Bill 1964.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Members, you've heard the motion by Senator Van de Putte -- and to all the schoolchildren and their parents who were just here, we appreciate your joining us. Members, you heard the motion by Senator Van de Putte. The secretary will call the roll.

LT. GOVERNOR DAVID DEWHURST: There being ayes, no nay, Committee Substitute House Bill 1964 as amended is finally passed.

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

LT. GOVERNOR DAVID DEWHURST: Mr. Doorkeeper.

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

LT. GOVERNOR DAVID DEWHURST: Would you give me an estimate of how long it would take for the gentleman to read all that.

DOORKEEPER: Well, sir, I guess it would be maybe two, three minutes.

LT. GOVERNOR DAVID DEWHURST: Wow. He reads fast.

DOORKEEPER: Yes, sir.

LT. GOVERNOR DAVID DEWHURST: Admit the messenger.

MESSENGER: Thank you, Mr. President. Mr. President, I am directed by the House to inform the Senate that the House has taken the following action: The House has passed the following measures --

LT. GOVERNOR DAVID DEWHURST: Oops, oops. Could you go back and tell us whether or not Senate Bill has passed.

MESSENGER: Yes, sir. Senate Bill 31 is on the list.

LT. GOVERNOR DAVID DEWHURST: Great. And how about Senate Bill 1811?

MESSENGER: Yes, sir. Senate Bill 1811 is on the list.

LT. GOVERNOR DAVID DEWHURST: Perfect. Thank you. Chair recognizes Senator Seliger for a motion to suspend the Senate's regular order of business to take up and consider House Bill 338.

SENATOR KEL SELIGER: Thank you, Mr. President. I move to suspend the Senate's regular order of business to take up and consider at this time House Bill 338 related to disclaimers by certain entities that promulgating lists of noxious or invasive terrestial plant species. During the 79th legislative session, a bill was passed that gave the Texas Department of Agriculture authority over these species of plants. However, some state agencies, cities and other political subdivisions currently produce lists of terrestial plants they deem as invasive. The goals of legislation clarify which noxious and invasive terrestial plant list in Texas are appropriate and it furthermore promulgates that it produces such list aside from the Texas Department of Agriculture must provide a disclaimer on publically funded websites. The disclaimer would certify their list as a recommendation and has no legal effect. I move suspension.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. You've heard the motion by Senator Seliger. Is there objection from any member? Chair hears no objection from any member, and the rule is suspended. The Chair lays out on second reading House Bill 338. The secretary will read the caption.

PATSY SPAW: House Bill 338, Relating to disclaimers by certain entities promulgating lists of noxious or invasive terrestrial plant species.

LT. GOVERNOR DAVID DEWHURST: Thank you. Chair recognizes -- Chair lays out floor amendment No. 1 by Seliger. The secretary will read the amendment.

PATSY SPAW: Floor amendment No. 1 by Seliger.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Seliger to explain floor amendment No. 1.

SENATOR KEL SELIGER: Mr. President, this amendment simply clarifies that groups that have printed invasive species material prior to the effective date may continue to disseminate such time as those materials are gone away. So nothing here is retroactive.

LT. GOVERNOR DAVID DEWHURST: Members, you've heard the motion by Senator Seliger. Is there any objection by any member? Chair hears no objection, and floor amendment No. 1 is adopted. Chair recognizes Senator Seliger for a motion.

SENATOR KEL SELIGER: I move passage of the House Bill 338 as amended to third reading.

LT. GOVERNOR DAVID DEWHURST: Members, you've heard the motion by Senator Seliger. Is there objection from any member? Chair hears no objection from any member, and House Bill 338 as amended passes to third reading. Chair recognizes Senator Seliger for a motion to suspend the constitutional rule that bills be read on three several days.

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

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

LT. GOVERNOR DAVID DEWHURST: There being ayes and 1 nay, the rule is suspended. The Chair lays out on third reading and final passage House Bill 338 as amended. The secretary will read the caption.

PATSY SPAW: House Bill 338, Relating to disclaimers by certain entities promulgating lists of noxious or invasive terrestrial plant species.

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

SENATOR KEL SELIGER: Thank you, Mr. President. I move final passage of House Bill 338.

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

LT. GOVERNOR DAVID DEWHURST: There being ayes, one nay, House Bill 338 as amended is finally passed.

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

SENATOR KEVIN ELTIFE: Senator Ellis, you're recognized for a motion to suspend the Senate's regular order of business to take up and consider House Bill 364.

SENATOR RODNEY ELLIS: Thank you, Mr. President and members. This is a local bill that would allow the city of Houston to exercise eminent domain over condominium complexes that have been abandoned for at least one year or more. The properties must cease all lawful occupation or construction, contain uninhabitable, unsafe units and the location have substantial and repeated illegal activity for which the property owner knew or should have known. It is neatly tailored just for Houston and will expire in 2016 and will make sure it can't be expanded. I move to suspend the Senate's regular order of business.

SENATOR KEVIN ELTIFE: Senator Ellis moves suspension of the Senate's regular order of business to take up and consider House Bill 364. Is there objection? Chair hears none, and the rule is suspended. The Chair lays out on second reading House Bill 364. The secretary will read the caption.

PATSY SPAW: House Bill 364, Relating to condominiums in certain municipalities, including the exercise of eminent domain authority.

SENATOR KEVIN ELTIFE: The following amendment, the secretary will read the amendment.

PATSY SPAW: Floor amendment No. 1 by Ellis.

SENATOR KEVIN ELTIFE: Let's make sure the members have the amendment in their hands. Senator Ellis to explain the amendment.

SENATOR RODNEY ELLIS: Members, this tightens this bill up even more at the request of the Public Policy Foundation. It includes whether this property includes units that are uninhabitable, unsafe and unsanitary that have already been demolished in accordance with a court order. And I move adoption of the amendment.

SENATOR KEVIN ELTIFE: Senator Ellis moves adoption of floor amendment No. 1. Is there any objection? Chair hears none, the amendment is adopted. 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, House Bill 364 as amended is passed to third reading. Senator Ellis, you're recognized for a motion to suspend the constitutional rule.

SENATOR RODNEY ELLIS: So moved, Mr. President.

SENATOR KEVIN ELTIFE: Members, you've heard the motion by Senator Ellis, the secretary will call the roll.

SENATOR KEVIN ELTIFE: 26 ayes and five nays, the rule is suspended. The Chair lays out on third reading and final passage House Bill 364. The secretary will read the caption.

PATSY SPAW: House Bill 364, Relating to condominiums in certain municipalities.

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

SENATOR RODNEY ELLIS: I move final passage.

SENATOR KEVIN ELTIFE: Senator Ellis moves final passage of House Bill 364. The secretary will call the roll.

SENATOR KEVIN ELTIFE: There being 26 ayes, five nay, House Bill 364 as amended is finally passed. Congratulation, Senator Ellis. Senator Williams, you're recognized for a motion to suspend the Senate's regular order of business to take up and consider Committee Substitute to House Bill 2017.

SENATOR TOMMY WILLIAMS: Thank you, Mr. President and members. House Bill 2017 is a clean up bill for the Texas Department of Motor Vehicles. During its two year existence, they've identified several areas of improvement that can be addressed at organizational and functional change. This bill would accomplish those goals. And it also includes some of the provisions that were heard in the chamber on March 12th -- May 12th of 2010 and there are provisions that clarify that DMV has jurisdiction over registration and titling and allows the boards to set standards for uniformity of service for the counties and dealers license to process titles and registrations. Mr. President, I move to suspend the Senate's regular order of business to take up and consider the Committee Substitute to House Bill 2017.

SENATOR KEVIN ELTIFE: Senator Williams moves suspension of the Senate's regular order of business to take up and consider Committee Substitute to House Bill 2017. Is there objection? Chair hears none, and the rule is suspended. The Chair lays out on second reading Committee Substitute to House Bill 2017. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 2017, Relating to the organization, governance, duties, and functions of the Texas Department of Motor Vehicles.

SENATOR KEVIN ELTIFE: The following amendment, the secretary will read the amendment.

PATSY SPAW: Floor amendment No. 1 by Williams.

SENATOR KEVIN ELTIFE: Senator Williams to explain the amendment.

SENATOR TOMMY WILLIAMS: Thank you, Mr. President and members. We also offered this amendment to the Senate version of this bill. This removes a 5 percent cap. This clarifies that the Department of Motor Vehicles is allowed to recoup only the costs that are incurred through electronic fund transfers. In subsection C, the amendment clarifies that the Texas Department of Motor Vehicles may recoup any expenses for using Texas Online and the amendment will require that there be an advisory committee instead of making it optional. I move adoption.

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

SENATOR TOMMY WILLIAMS: Mr. President, I move passage to third reading of the Committee Substitute to House Bill 2017 as amended.

SENATOR KEVIN ELTIFE: Senator Williams now moves passage to third reading. Is there objection? Chair hears none, Committee Substitute to House Bill 2017 as amended is passed to third reading. Senator Williams, you're recognized for a motion to suspend the constitutional rule.

SENATOR TOMMY WILLIAMS: So moved.

SENATOR KEVIN ELTIFE: Secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes and zero nays, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to House Bill 2017. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 2017, Relating to the organization, governance, duties, and functions of the Texas Department of Motor Vehicles.

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

SENATOR TOMMY WILLIAMS: I move final passage.

SENATOR KEVIN ELTIFE: Senator Williams moves final passage of Committee Substitute to House Bill 2017 as amended. The secretary will call the roll.

SENATOR KEVIN ELTIFE: There being 31 ayes, zero nay, Committee Substitute to House Bill 2017 as amended is finally passed. Congratulation, Senator Williams.

SENATOR TOMMY WILLIAMS: Thank you, Mr. President.

SENATOR KEVIN ELTIFE: Senator Uresti, you're recognized for a motion to suspend the Senate's regular order of business to take up and consider House Bill 3727. Senator Uresti, would you like to pass House Bill 3727 today? You're recognized for a motion to suspend the Senate's regular order of business to take up and consider House Bill 3727.

SENATOR CARLOS URESTI: Thank you, Mr. President and members. House Bill 3727 is relating to the appraisal of ad valorem tax purposes of certain commercial aircraft that are temporarily located in this state. The bill will establish a methodology for the appraisal of temporary production aircraft which are planes brought into the state by aircraft producers for manufacture and assembly. With that, Mr. President and members, I move to suspend the Senate's regular order of business to take up and consider House Bill 3727.

SENATOR KEVIN ELTIFE: Senator Uresti moves suspension of the Senate's regular order of business to take up and consider House Bill 3727. Is there objection? Chair hears none, and the rule is suspended. The Chair lays out on second reading House Bill 3727. The secretary will read the caption.

PATSY SPAW: House Bill 3727, Relating to the appraisal for ad valorem tax purposes of certain commercial aircraft that are temporarily located in this state for manufacturing or assembly purposes.

SENATOR KEVIN ELTIFE: The following amendment, the secretary will read the amendment.

PATSY SPAW: Floor amendment No. 1 by Ellis.

SENATOR KEVIN ELTIFE: Senator Uresti to explain the amendment.

SENATOR CARLOS URESTI: Thank you, Mr. President and members. Floor amendment No. 1 would state the intent of the legislature in establishing this methodology valuation. It simply states that because there's not a reliable method to determine an appraisal on an aircraft in production, the legislature is making the determination that this is the uniform way an aircraft should be valued. With that, Mr. President, I move to adopt floor amendment No. 1.

SENATOR KEVIN ELTIFE: Members, Senator Uresti has moved adoption of floor amendment No. 1. Is there any objection? Chair hears none, the amendment is adopted. Senator Uresti, you're recognized for a motion.

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

SENATOR KEVIN ELTIFE: Senator Uresti now moves passage to third reading. Is there objection? Chair hears none, House Bill 3727 as amended is passed to third reading. Senator Uresti, you're recognized for a motion to suspend the constitutional rule.

SENATOR CARLOS URESTI: So moved, Mr. President.

SENATOR KEVIN ELTIFE: Secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes and zero nays, the rule is suspended. The Chair lays out on third reading and final passage House Bill 3727. The secretary will read the caption.

PATSY SPAW: House Bill 3727, Relating to the appraisal for ad valorem tax purposes of certain commercial aircraft that are temporarily located in this state for manufacturing or assembly purposes.

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

SENATOR CARLOS URESTI: I move final passage of House Bill 3727.

SENATOR KEVIN ELTIFE: Senator Uresti moves final passage of House Bill 3727. The secretary will call the roll.

SENATOR KEVIN ELTIFE: There being 31 ayes, zero nay, House Bill 3727 as amended is finally passed. Congratulations, Senator Uresti.

SENATOR CARLOS URESTI: Thank you, Mr. President. Thank you, members.

SENATOR KEVIN ELTIFE: Senator Davis, you're recognized for a motion to suspend the Senate's regular order of business to take up and consider House Bill 1075.

SENATOR WENDY DAVIS: Thank you, Mr. President. I move to suspend the Senate's regular order of business to take up and consider House Bill 1075. In 2005 the legislature created a statewide Amber Alert to track abducted or missing children. House Bill 1075 would amend the existing Amber Alert to add adults that have been diagnosed with intellectual disabilities who go missing. Since the Amber Alert system has been in place and so few people with intellectual disabilities are likely to be the subject of an alert, the bill would be implemented within existing appropriations. The LBB gave it a zero fiscal note. six other states have already implemented their own alert system that do the same thing. In Texas using the system for its population makes sense and will help locate these individuals quickly and before they become endangered. I do want to take a moment, members, to talk about a particular person whose life could have been saved if this bill had been law in the state of Texas because I want to make sure and recognize her family and the work they've done to try and include persons with disabilities in the coverage of Amber Alert. In 2010 there was a death of a 31 year old Mansfield woman with intellectual disabilities who wandered away from home. She was discovered five days later drowned in a creek a couple of miles from her home. Although her family had reported her missing, she did not meet the criteria for an Amber Alert and it was later revealed that a member of the community saw her walking barefoot and was concerned but did not report the sighting because she was not aware that the woman was missing. Members, I ask for your support for this bill in her honor so that we can prevent similar situations from happening in the future. The bill was unanimously voted out of the homeland security and transportation committee in the House and passed unanimously on the House floor. Mr. President, I move to suspend the regular order of business.

SENATOR KEVIN ELTIFE: Senator Davis moves suspension of the Senate's regular order of business to take up and consider House Bill 1075. Is there objection? Chair hears none, and the rule is suspended. The Chair lays out on second reading House Bill 1075. The secretary will read the caption.

PATSY SPAW: House Bill 1075, Relating to an alert for a missing person with an intellectual disability.

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

SENATOR WENDY DAVIS: Thank you, Mr. President. I move passage to third reading.

SENATOR KEVIN ELTIFE: Senator Davis now moves passage to third reading. Is there objection? Chair hears none, House Bill 1075 is passed to third reading. Senator Davis, you're recognized for a motion to suspend the constitutional three day rule.

SENATOR WENDY DAVIS: So moved, Mr. President.

SENATOR KEVIN ELTIFE: Secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes and zero nays, House Bill 1075 is passed to third reading. Senator Davis, you're recognized for a motion -- excuse me. The Chair lays out on third reading and final passage House Bill 1075. The secretary will read the caption.

PATSY SPAW: House Bill 1075, Relating to an alert for a missing person with an intellectual disability.

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

SENATOR WENDY DAVIS: I move final passage of House Bill 1075.

SENATOR KEVIN ELTIFE: Senator Davis moves final passage of House Bill 1075. The secretary will call the roll.

SENATOR KEVIN ELTIFE: There being 31 ayes, zero nay, House Bill 1075 is finally passed. Congratulation, Senator Davis.

SENATOR WENDY DAVIS: Thank you, Mr. President.

SENATOR KEVIN ELTIFE: Senator Harris, you're recognized for a motion to suspend the Senate's regular order of business to take up and consider House Bill 2383.

SENATOR CHRIS HARRIS: Thank you, Mr. President, I move to suspend all necessary rules to take up and consider House Bill 2383 at this time. Members, all this bill does is call for the LBB to conduct a study of the costs within the (inaudible) of reenacting the franchise taxes for research and development that was previously in effect in Texas. I move suspension.

SENATOR KEVIN ELTIFE: Senator Harris moves suspension of the Senate's regular order of business to take up and consider House Bill 2383. Is there objection? Chair hears none, and the rule is suspended. The Chair lays out on second reading House Bill 2383. The secretary will read the caption.

PATSY SPAW: House Bill 2383, Relating to a study regarding the reenactment of the franchise tax credit or providing other incentives for certain research and development activities.

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

SENATOR CHRIS HARRIS: Thank you, Mr. President. I move passage to third reading.

SENATOR KEVIN ELTIFE: Senator Harris now moves passage to third reading. Is there objection? Chair hears none, House Bill 2383 as amended is passed to third reading. Senator Harris, you're recognized for a motion to suspend the constitutional rule.

SENATOR CHRIS HARRIS: So moved, Mr. President.

SENATOR KEVIN ELTIFE: Secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes and zero nays, the rule is suspended. The Chair lays out on third reading and final passage House Bill 2383. The secretary will read the caption.

PATSY SPAW: House Bill 2383, Relating to a study regarding the reenactment of the franchise tax credit or providing other incentives for certain research and development activities.

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

SENATOR CHRIS HARRIS: I move final passage of House Bill 2383.

SENATOR KEVIN ELTIFE: Senator Harris moves final passage of House Bill 2383. The secretary will call the roll.

SENATOR KEVIN ELTIFE: There being 31 ayes, zero nay, House Bill 2383 is finally passed. Congratulation, Senator Harris. Senator Patrick. Okay, we'll come back to you. Thank you. Senator Williams, you're recognized for a motion to suspend the Senate's regular order of business to take up and consider House Bill 441.

SENATOR TOMMY WILLIAMS: Thank you, Mr. President and members. Currently in state motor carriers pay $15 more for a token registration to operate under specific tolerance permits than carriers that have registrations in another state such as Louisiana or Oklahoma. This bill takes the added $15 for a token tow registration applicable to a 2060 permit and moves it into the base fee for the 2060 permit for which the fee is intended. It also provides that the additional $15 fee for permits

(inaudible) Highway Trust Fund so that no dollars are lost to that account. Mr. President, I would move to suspend the Senate's regular order of business to take up and consider House Bill 441.

SENATOR KEVIN ELTIFE: Senator Williams moves suspension of the Senate's regular order of business to take up and consider House Bill 441. Is there objection? Chair hears none, and the rule is suspended. The Chair lays out on second reading House Bill 441. The secretary will read the caption.

PATSY SPAW: House Bill 441, Relating to the fees for certain commercial vehicles.

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

SENATOR TOMMY WILLIAMS: Mr. President, 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 441 is passed to third reading. Senator Williams, you're recognized for a motion to suspend the constitutional three day rule.

SENATOR TOMMY WILLIAMS: So moved, Mr. President.

SENATOR KEVIN ELTIFE: Secretary will call the roll.

SENATOR KEVIN ELTIFE: 30 ayes and one nays, the rule is suspended. The Chair lays out on third reading and final passage House Bill 441. The secretary will read the caption.

PATSY SPAW: House Bill 441, Relating to the fees for certain commercial vehicles.

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

SENATOR TOMMY WILLIAMS: I move final passage of House Bill 441.

SENATOR KEVIN ELTIFE: Senator Williams moves final passage of House Bill 441. The secretary will call the roll.

SENATOR KEVIN ELTIFE: There being 30 ayes, one nay, House Bill 441 as amended is finally passed. Congratulation, Senator Williams.

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

SENATOR KEVIN ELTIFE: Thank you, Senator Williams, congratulations. Senator Harris, you're recognized for a motion to suspend the Senate's regular order of business to take up and consider Committee Substitute to House Bill 1242.

SENATOR CHRIS HARRIS: Thank you, Mr. President, I move to suspend all the rules to take up and consider House Bill 1242. This bill relates to the purchase of gold and silver. I move to suspend.

SENATOR KEVIN ELTIFE: Senator Harris moves suspension of the Senate's regular order of business to take up and consider Committee Substitute to House Bill 1242. Is there objection? Chair hears none, and the rule is suspended. The Chair lays out on second reading Committee Substitute to House Bill 1242. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 1242, Relating to the regulation of certain metal dealers; providing criminal penalties.

SENATOR KEVIN ELTIFE: The following amendment, the secretary will read the amendment.

PATSY SPAW: Floor amendment No. 1 by West.

SENATOR KEVIN ELTIFE: Senator West to explain the amendment.

SENATOR CHRIS HARRIS: The amendment is acceptable.

SENATOR ROYCE WEST: Members, this amendment is Senate Bill 694, the regulated metals bill that passed the chamber unanimously on April the 12th. Thank you, very much.

SENATOR CHRIS HARRIS: I said it was acceptable.

SENATOR ROYCE WEST: Thank you very much. I move adoption of floor amendment No. 1.

SENATOR KEVIN ELTIFE: Members, Senator West has moved adoption of floor amendment No. 1. It's acceptable to Harris. Is there any objection? Chair hears none, the amendment is adopted. Senator Harris, you're recognized for a motion.

SENATOR CHRIS HARRIS: Mr. President, I move passage to third reading.

SENATOR KEVIN ELTIFE: Senator Harris now moves passage to third reading. Is there objection? Chair hears none, Committee Substitute to House Bill 1242 as amended is passed to third reading. Senator Harris, you're recognized for a motion to suspend the constitutional three day rule.

SENATOR CHRIS HARRIS: Mr. President, I move to suspend the three day rule, Mr. President.

SENATOR KEVIN ELTIFE: Secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes and zero nays, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to House Bill 1242. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 1242, Relating to the regulation of certain metal dealers; providing criminal penalties.

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

SENATOR CHRIS HARRIS: I move final passage of Committee Substitute to House Bill 1242.

SENATOR KEVIN ELTIFE: Senator Harris moves final passage of Committee Substitute to House Bill 1242. The secretary will call the roll.

SENATOR KEVIN ELTIFE: There being 31 ayes, zero nay, Committee Substitute to House Bill 1242 is finally passed.

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

SENATOR KEVIN ELTIFE: Thank you, Senator Harris. Congratulations, Senator Harris. The President signs in the presence of the Senate.

PATSY SPAW: Senate Bill 27, Senate Bill 82, Senate Bill 101, Senate Bill 179, Senate Bill 191, Senate Bill 199, Senate Bill 227, Senate Bill 283, Senate Bill 324, Senate Bill 373, Senate Bill 412, Senate Bill 434, Senate Bill 470, Senate Bill 485, Senate Bill 490, Senate Bill 493, Senate Bill 508, Senate Bill 510, Senate Bill 524, Senate Bill 543, Senate Bill 579, Senate Bill 580, Senate Bill 587, Senate Bill 613, Senate Bill 633, Senate Bill 710, Senate Bill 778, Senate Bill 866, Senate Bill 880, Senate Bill 888, Senate Bill 990, Senate Bill 1008, Senate Bill 1065, Senate Bill 1100, Senate Bill 1132, Senate Bill 1184, Senate Bill 1197, Senate Bill 1243, Senate Bill 1291, Senate Bill 1378, Senate Bill 1518, Senate Bill 1618, Senate Bill 1630, Senate Bill 1635, Senate Bill 1661, Senate Bill 1739, Senate Bill 1882, Senate Bill 1895, Senate Bill 1922, Senate Concurrent Resolution 5, Senate Concurrent Resolution 10, Senate Concurrent Resolution 18, Senate Concurrent Resolution 39, Senate Concurrent Resolution 55. Senator Estes, you're recognized for a motion to suspend the Senate's regular order of business on House Bill 3803.

SENATOR CRAIG ESTES: Thank you, Mr. President and members. I move to suspend the Senate's regular order of business to take up and consider at this time House Bill 3803. Members, House Bill 3803 creates the Cottonwood Municipal Utility District No. 2 containing approximately 829 acres located partially in the extra territorial limits of Dorchester in Grayson County. I move to suspend the constitutional regular order of business.

SENATOR KEVIN ELTIFE: Senator Estes moves suspension of the Senate's regular order of business to take up and consider House Bill 3803. Is there objection? Chair hears none, and the rule is suspended. The Chair lays out on second reading House Bill 3803. The secretary will read the caption.

PATSY SPAW: House Bill 3803, Relating to the creation of the Cottonwood Municipal Utility District No. 2 of Grayson County.

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

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

SENATOR KEVIN ELTIFE: Senator Estes now moves passage to third reading. Is there objection? Chair hears none, House Bill 3803 as amended 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, Mr. President.

SENATOR KEVIN ELTIFE: Secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes and zero nays, the rule is suspended. The Chair lays out on third reading and final passage House Bill 3803. The secretary will read the caption.

PATSY SPAW: House Bill 3803, Relating to the creation of the Cottonwood Municipal Utility District No. 2 of Grayson County.

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

SENATOR CRAIG ESTES: I move final passage of House Bill 3803.

SENATOR KEVIN ELTIFE: Senator Estes moves final passage of House Bill 3803. The secretary will call the roll.

SENATOR KEVIN ELTIFE: There being 31 ayes, zero nay, House Bill 3803 is finally passed. Congratulation, Senator Estes.

SENATOR CRAIG ESTES: Thank you, Mr. President.

SENATOR KEVIN ELTIFE: Senator Watson, you're recognized for a motion to suspend the Senate's regular order of business to take up House Bill 2729.

SENATOR KIRK WATSON: Thank you, Mr. President. I move to suspend the regular order of business to take up and consider at this time House Bill 2729 which would allow governments to deliver critically needed infrastructure projects utilizing a mechanism already allowed for transportation projects by expanding public private partnership provisions in the local government code. Members, this came through Chairman Jackson's committee and he will have an amendment that is acceptable to the author. I move suspension of the rules.

SENATOR KEVIN ELTIFE: Senator Watson moves suspension of the Senate's regular order of business to take up and consider House Bill 2729. Is there objection? Chair hears none, and the rule is suspended. The Chair lays out on second reading House Bill 2729. The secretary will read the caption.

PATSY SPAW: House Bill 2729, Relating to local government contracts with private entities for civil works projects and improvements to real property.

SENATOR KEVIN ELTIFE: The following amendment, the secretary will read the amendment.

PATSY SPAW: Floor amendment No. 1 by Jackson.

SENATOR KEVIN ELTIFE: Senator Jackson to explain the amendment.

SENATOR MIKE JACKSON: Thank you, members. Thank you, Senator Watson. Members, this amendment you've seen before. It uses the same language that we passed in Senate Bill 1048 regarding public private partnership. I apologize for the length of the amendment. But it's something that has been bedded by our committee. Passed through the House, passed through the Senate, we're just trying to hitch a ride. And I appreciate Senator Watson's help on this. So if there are no other questions, I'd move adoption.

SENATOR KEVIN ELTIFE: Senator Nichols, for what purpose?

SENATOR ROBERT NICHOLS: To ask the author of an amendment a question.

SENATOR KEVIN ELTIFE: Senator Jackson yield?

SENATOR MIKE JACKSON: I yield.

SENATOR ROBERT NICHOLS: Senator Jackson, this is a 31 page amendment?

SENATOR MIKE JACKSON: Yes, sir, we tried to pare it down just a little bit.

SENATOR ROBERT NICHOLS: I have not had the opportunity to read this, but you said this was the same as --

SENATOR MIKE JACKSON: This is the same P3 bill, it's Senate Bill 1048 that we've already passed through the Senate, and it's already passed through the House. It's strictly a belt and suspenders mode because my Senate bill is on the intent calendar in the House but I'm not sure they're going to get to it.

SENATOR ROBERT NICHOLS: It is identical to the Senate Bill --

SENATOR MIKE JACKSON: It is.

SENATOR ROBERT NICHOLS: -- that we just passed out of this House?

SENATOR MIKE JACKSON: That's correct.

SENATOR ROBERT NICHOLS: -- this body? Okay. Because I -- okay. Thank you.

SENATOR MIKE JACKSON: Yes, sir.

SENATOR KEVIN ELTIFE: Thank you, Senator Nichols.

SENATOR MIKE JACKSON: I move adoption.

SENATOR KEVIN ELTIFE: Senator Watson on the amendment.

SENATOR KIRK WATSON: It's acceptable to the author.

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

SENATOR KIRK WATSON: I move passage of House Bill 2729 as amended to third reading.

SENATOR KEVIN ELTIFE: Senator Watson now moves passage to third reading. Is there objection? Chair hears none, House Bill 2729 as amended is passed to third reading. Senator Watson, you're recognized for a motion to suspend the constitutional three day rule.

SENATOR KIRK WATSON: So moved, Mr. President.

SENATOR KEVIN ELTIFE: Secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes and zero nays, the rule is suspended. The Chair lays out on third reading and final passage House Bill 2729. The secretary will read the caption.

PATSY SPAW: House Bill 2729, Relating to local government contracts with private entities for civil works projects.

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

SENATOR KIRK WATSON: Mr. President, I move final passage of House Bill 2729 as amended.

SENATOR KEVIN ELTIFE: Senator Watson moves final passage of House Bill 2729 as amended. The secretary will call the roll.

SENATOR KEVIN ELTIFE: There being 31 ayes, zero nay, House Bill 2729 as amended is finally passed. Congratulation, Senator Watson.

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

SENATOR KEVIN ELTIFE: Senator Harris, you're recognized for a motion to suspend the Senate's regular order of business to take up and consider Committee Substitute to House Bill 2604.

SENATOR CHRIS HARRIS: Thank you, Mr. President. I move to suspend the regular order of business to take up and consider Committee Substitute to House Bill 2604 at this time. This bill relates to solvency accounts of title companies. I move to suspend.

SENATOR KEVIN ELTIFE: Senator Harris moves suspension of the Senate's regular order of business to take up and consider Committee Substitute to House Bill 2604. Is there objection? Chair hears none, and the rule is suspended. The Chair lays out on second reading Committee Substitute to House Bill 2604. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 2604, Relating to unencumbered assets held by title agents.

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

SENATOR CHRIS HARRIS: Mr. President, I move passage to third reading.

SENATOR KEVIN ELTIFE: Senator Harris now moves passage to third reading. Is there objection? Chair hears none, Committee Substitute to House Bill 2604 is passed to third reading. Senator Harris, you're recognized for a motion to suspend the constitutional three day rule.

SENATOR CHRIS HARRIS: I move to suspend the three day rule.

SENATOR KEVIN ELTIFE: Secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes and zero nays, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to House Bill 2604. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 2604, Relating to the appraisal for ad valorem tax purposes of certain commercial aircraft that are temporarily located in this state for manufacturing or assembly purposes.

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

SENATOR CARLOS URESTI: I move final passage of Committee Substitute to House Bill 2604.

SENATOR KEVIN ELTIFE: Senator Harris moves final passage of Committee Substitute to House Bill 2604. The secretary will call the roll.

SENATOR KEVIN ELTIFE: There being 31 ayes, zero nay, Committee Substitute to House Bill 2604 as amended is finally passed. Congratulation, Senator Harris.

SENATOR CHRIS HARRIS: Thank you, Mr. President.

SENATOR KEVIN ELTIFE: Senator Uresti, you ready on 2080? Senator Uresti, you're recognized for a motion to suspend the Senate's regular order of business on House Bill 2080.

SENATOR CARLOS URESTI: Thank you, Mr. President and members. Good afternoon. House Bill 2080 is relating to certification of a person that is eligible for disabled parking privileges. House Bill 2080 is the companion to my Senate Bill 963 which already passed the Senate. this bill will eliminate the current restriction that allows physician assistants and (inaudible) nurses to write prescriptions for handicapped parking placards in counties with a population of 125,000 or less. With that, Mr. President, members, I move to suspend the Senate's regular order of business to take up and consider House Bill 2080 on second reading.

SENATOR KEVIN ELTIFE: Senator Uresti moves suspension of the Senate's regular order of business to take up and consider House Bill 2080. Is there objection? Chair hears none, and the rule is suspended. The Chair lays out on second reading House Bill 2080. The secretary will read the caption.

PATSY SPAW: House Bill 2080, Relating to certification of a person as eligible for disabled parking privileges.

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

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

SENATOR KEVIN ELTIFE: Senator Uresti now moves passage to third reading. Is there objection? Chair hears none, House Bill 2080 is passed to third reading. Senator Uresti, you're recognized for a motion to suspend the constitutional three day rule.

SENATOR CARLOS URESTI: So moved, Mr. President.

SENATOR KEVIN ELTIFE: Secretary will call the roll.

SENATOR KEVIN ELTIFE: 39 ayes and 2 nays, the rule is suspended. The Chair lays out on third reading and final passage House Bill 2080. The secretary will read the caption.

PATSY SPAW: House Bill 2080, Relating to certification of a person as eligible for disabled parking privileges.

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

SENATOR CARLOS URESTI: I move final passage of House Bill 2080.

SENATOR KEVIN ELTIFE: Senator Uresti moves final passage of House Bill 2080. The secretary will call the roll.

SENATOR KEVIN ELTIFE: There being 29 ayes, 2 nays, House Bill 2080 is finally passed. Congratulation, Senator Uresti.

SENATOR CARLOS URESTI: Thank you, Mr. President.

SENATOR STEVE OGDEN: Senator Gallegos is recognized for a motion to suspend the Senate's regular order of business to take up and consider House Bill 886.

SENATOR MARIO GALLEGOS: Thank you, Mr. President. Before I lay this bill out, I want to say that I brought my sister on the floor to help me pass my bills. So be aware. Thank you, Mr. President. I move to suspend the Senate's regular order of business to take up and consider House Bill 886. Members, this is a standard raw end MUD that encompasses approximately 240 acres in Bay Town, in my district. The language contained in the MUD would be developed into the single family residential and commercial development. The MUD will assist in providing, water, sewage and drainage. It also follows the standard template that the IGR has developed. Mr. President, I move suspension of the regular order of business.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, and the rule is suspended. The Chair lays out on second reading House Bill 886. The secretary will read the caption.

PATSY SPAW: House Bill 886, Relating to the creation of the Harris County Municipal Utility District No. 528.

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

SENATOR MARIO GALLEGOS: Thank you, Mr. President. I move passage to third reading.

SENATOR KEVIN ELTIFE: Is there objection? Chair hears none, House Bill 886 is passed to third reading. Senator Gallegos is recognized for a motion to suspend the constitutional three day rule.

SENATOR MARIO GALLEGOS: So moved, Mr. President.

SENATOR STEVE OGDEN: Secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes and zero nays, the rule is suspended. The Chair lays out on third reading and final passage House Bill 886. The secretary will read the caption.

PATSY SPAW: House Bill 886, Relating to the creation of the Harris County Municipal Utility District No. 528.

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

SENATOR TROY FRASER: Senator, could I ask your sister a question about this bill?

SENATOR MARIO GALLEGOS: Yes.

SENATOR TROY FRASER: Is the bill okay?

LILLIAN GALLEGOS VILLAREAL: Yes, sir, it is. Very good bill.

SENATOR TROY FRASER: Thank you.

SENATOR MARIO GALLEGOS: I move final passage of House Bill 886.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: There being 31 ayes, zero nay, the bill is finally passed.

SENATOR MARIO GALLEGOS: Thank you, Mr. President.

SENATOR STEVE OGDEN: Senator Patrick is recognized for a motion to suspend the Senate's regular order of business to take up and consider Committee Substitute to House Bill 1610.

SENATOR DAN PATRICK: Thank you, Mr. Chairman. I had the other bill book before me. Members, this is a bill that is a simple piece of legislation that addresses the school district's response on educator conviction of a felony. Under current law districts will often place these individuals on paid administrative leave while they go through a costly hearing process. 1610 requires that a school district terminate the contract of any educator convicted of a Title V felony offense or a felony involving a minor immediately and ask suspension of the regular order of business.

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

PATSY SPAW: Committee Substitute to House Bill 1610, Relating to employment termination procedures applicable to a teacher who is convicted of or receives deferred adjudication for a felony.

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

PATSY SPAW: Floor amendment No. 1 by Patrick.

SENATOR STEVE OGDEN: Chair recognizes Senator Patrick on his amendment.

SENATOR DAN PATRICK: This simply says that this would apply to schools in a district as opposed to just a teacher relationship with a minor in that particular school. This will avoid the situation of a student and a teacher having a relationship which sadly several districts said that had been a problem sadly.

SENATOR STEVE OGDEN: Is there objection on the adoption of floor amendment No. 1? Chair hears none, the amendment is adopted. Senator Patrick is recognized for a motion -- Senator West, for what purpose do you rise?

SENATOR ROYCE WEST: A question of Senator Patrick.

SENATOR STEVE OGDEN: You're recognized.

SENATOR ROYCE WEST: Wasn't there going to be an amendment by Senator Van de Putte concerning deferred adjudication, which is not a finding of guilt?

SENATOR DAN PATRICK: Yes, but it's not acceptable to the author. I don't know if she was going to bring it or not. She presented it to me. It was not acceptable to me.

SENATOR ROYCE WEST: Okay. Well, let me kind of -- because I think I supported this bill in committee.

SENATOR DAN PATRICK: Yes, you did.

SENATOR ROYCE WEST: Okay. And I know the amendment is in force, but you're saying that if the teacher gets deferred adjudication for certain offenses, then they should have their job taken away from them?

SENATOR DAN PATRICK: I'm saying that what this amendment says that it should be tied to teacher performance, and it's one thing for the school district to be able to make a decision on deferred adjudication, it's another thing for our law to say it has to be tied to performance. I do not want to tie the hands of the school district to say, well, they -- remember, this is a title V felony. This is heavy duty crimes. And I don't want the teachers to be able to sue and take the position, well, you really can't -- I got deferred adjudication but I'm a good teacher. So you can't terminate me.

SENATOR ROYCE WEST: Okay. Now, Title V again deals with sexual --

SENATOR DAN PATRICK: Yes, Title V is murder, kidnapping, human trafficking, sexual offenses and assault, assault with a child. This is heavy duty --

SENATOR ROYCE WEST: I understand that, but if a prosecutor -- let's just talk about this --

SENATOR DAN PATRICK: Sure.

SENATOR ROYCE WEST: If a prosecutor decides to give someone deferred adjudication for a murder, there must be something wrong with the state. I don't know of any prosecutor that would give someone deferred adjudication for a murder.

SENATOR DAN PATRICK: I'm sorry --

SENATOR ROYCE WEST: If someone gets deferred adjudication for a murder -- well, the amendment is not even before us at this time.

SENATOR DAN PATRICK: And it's permissive -- deferred adjudication is permissive. It's only required for Title V. So it's permissive in this for deferred adjudication. But the amendment I did is teacher performance. That's what I objected to.

SENATOR ROYCE WEST: So you say deferred is permissive.

SENATOR DAN PATRICK: Yeah.

SENATOR ROYCE WEST: What does that mean again?

SENATOR DAN PATRICK: The school district is not required to fire a student -- I mean, a teacher without a hearing in that case.

SENATOR ROYCE WEST: But it's not automatic. Okay, thank you.

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

SENATOR STEVE OGDEN: Senator Van de Putte -- we're going to --

SENATOR DAN PATRICK: Hold it?

SENATOR STEVE OGDEN: We're going to be in a holding pattern, waiting for Senator Van de Putte. The following amendment, the secretary will read the amendment.

PATSY SPAW: Floor amendment No. 2 by Van de Putte.

SENATOR STEVE OGDEN: Chair recognizes Senator Van de Putte on her amendment.

SENATOR LETICIA VAN DE PUTTE: Thank you, Mr. President and so sorry for the confusion. The amendment would give (inaudible) received deferred adjudication. If you look at the bill pattern, members, this allows the school district or charter school, if they're just aware that any of their employees has been -- has received a deferred adjudication for a felony, then they're able to fire them. And I certainly understand section 5 violation. Those are those that are murder, rape, assault, very familiar, I know those members in criminal justice with the penal code. But what this says is that some school employee, a teacher in your district who receives deferred adjudication for writing a hot check over $1500 could be fired. Under our new voter ID law, that's a felony. Somebody could break the voter ID law and be fired from their job. Someone could be driving and cause an accident, not under the influence of alcohol, and still be charged with a felony if that person dies in a car accident. And that meant that your teacher could be fired. My worry is that deferred adjudication does not imply guilt. And those of you who are attorneys on this floor know better than I. But it seems to me you're deferring the judgment. So I totally understand if someone has been charged guilty, but this is allowed all felonies and there's so many felonies that are really things having to do with hot checks or now the voter ID law or something else that this would allow, and so this would strike the deferred adjudication because that means that a court or a judge has deferred judgment on the findings. So, members, I really urge you to look at this. I voted for this in committee and thought that we could work an amendment, I know Senator Patrick does not like the amendment. But I am still worried, certainly the intent is we want to have our school districts be able to fire employees certainly if they're convicted of felonies. But this is not convicted of a felony. This is deferred adjudication, and that could be everything from mismanaging a financial account, writing a hot check, or anything else. So, members, if you would just please look at this and those of you on the floor who are attorneys, probably know a lot better than I do.

SENATOR STEVE OGDEN: Senator Patrick, you are recognized on the amendment.

SENATOR DAN PATRICK: Yes, members, I ask that you stay with me on this. I believe this struck the bill, they're talking about striking the words "deferred adjudication" from the bill. I would ask you to vote to table the amendment.

SENATOR STEVE OGDEN: Senator Patrick moves to table floor amendment No. 2. Senator Van de Putte to close.

SENATOR LETICIA VAN DE PUTTE: Members, it does not strike the whole bill. If you look on line 43 it says, "A school district or an open enrollee charter school becomes aware that a person employed by the district is under a term of contract in this chapter has been convicted of," that remains. If you've been convicted of, that would remain in the bill. What my amendment does is to remove "or received deferred adjudication for a felony offense." This does not gut the bill. This leaves it as a felony offense but removes only the deferred adjudication. Members, I would ask that you please look at this, it does not gut the bill. It only removes the deferred adjudication. I move adoption of the amendment.

SENATOR STEVE OGDEN: Senator Patrick moves to table floor amendment No. 2, the vote is on the motion to table. Secretary call the roll.

SENATOR STEVE OGDEN: There being 19 ayes and 12 nays, the motion to table prevails. Senator Patrick, you're recognized on a motion.

SENATOR DAN PATRICK: I move to engrossment.

SENATOR STEVE OGDEN: Is there objection? Secretary call the roll.

SENATOR ROYCE WEST: Mr. Chairman. Senator Patrick --

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

SENATOR ROYCE WEST: The question of the author.

SENATOR STEVE OGDEN: Right now, members, we have a motion on the floor to move to third reading. Senator West is recognized to ask a question.

SENATOR ROYCE WEST: Senator Patrick, I was asking you whether or not this referred to -- applied to deferred adjudication.

SENATOR DAN PATRICK: Yes.

SENATOR ROYCE WEST: On page 1 of the bill. Help me walk through this real quick.

SENATOR DAN PATRICK: All right.

SENATOR ROYCE WEST: Line 41.

SENATOR DAN PATRICK: My pages are different, Senator. Hold on one second. Which section are you in?

SENATOR ROYCE WEST: I'm in section 1 of the bill on line 41, it's section c(1).

SENATOR DAN PATRICK: C(1), all right.

SENATOR ROYCE WEST: It talks about deferred adjudication. (Inaudible) becomes aware that a person employed by the district or school under one of the following contracts has been convicted of or received deferred adjudication for a felony offense, and that such felony offense, I assume that's all felony offenses under Title V. And the person is not subject to subsection C, C being a person (inaudible) may receive notice (inaudible) revocation of a certificate. So the person is not subject to revocation of a certificate.

SENATOR DAN PATRICK: Yes.

SENATOR ROYCE WEST: The district or school may suspend the person without pay, provide the person with written notice that the contract is void and/or terminate employment of the person as soon as practical. It seems like that applies to the deferred adjudication and not only to Title V offenses but all felony offenses. Correct me where I'm wrong.

SENATOR DAN PATRICK: I believe, Senator West, that you are incorrect because the first section of the bill deals with shall Title V, and you asked me the question and I answered you, I believe, correctly that this district -- the district or school may, it's permissive. You asked me if deferred adjudication was permissive, and it is. They may. That's how I answered your question.

SENATOR ROYCE WEST: And you did answer it that way.

SENATOR DAN PATRICK: Yes, sir.

SENATOR ROYCE WEST: So they may do it. Now, does this apply to all felony offenses or just Title V offenses?

SENATOR DAN PATRICK: This would apply to all felonies which is what I shared with you and that the shall only dealt with Title V, which I read to you: Kidnapping, murder, etc.

SENATOR ROYCE WEST: Now, could you go to C(1), it says adjudication for a felony offense. It doesn't say Title V. It just says a felony offense, which is more than just Title V in the penal code.

SENATOR DAN PATRICK: Yes, that's the other felonies.

SENATOR ROYCE WEST: So this applies to Title V or does it apply to all felonies?

SENATOR DAN PATRICK: The deferred adjudication in the may applies to all, Title V is the shall.

SENATOR ROYCE WEST: Well, let's look at it again. It doesn't read that way. It may need to be cleaned up some, but it doesn't read that way. It seems as if it applies to all felonies. What I'm hearing you say is it's your intent that applies to Title V.

SENATOR DAN PATRICK: If you go back, Senator, to section 1(c) --

SENATOR ROYCE WEST: Section --

SENATOR DAN PATRICK: 1(c).

SENATOR ROYCE WEST: Okay.

SENATOR DAN PATRICK: It says a school district or open enrollment charger that received notice under subsection D of a revocation of a certificate issued under this subchapter shall immediately. So that applies to the Title V. The second part of the bill is permissive.

SENATOR ROYCE WEST: There's no subsection B in the bill itself, and I don't have B in front of me.

SENATOR DAN PATRICK: It is on the front page -- I'm sorry.

SENATOR ROYCE WEST: You go from A to C on the first page. And so when we say received notice under subsection B, do you have a copy of the statute there?

SENATOR DAN PATRICK: Because B is not being changed, it only affects A and C.

SENATOR ROYCE WEST: So if a school district received notice under B of the revocation, okay, you're receiving notice by the state board of a revocation, you shall immediately do 1 and 2. If a person is on a probationary, you suspend that person without pay, you provide the person with notice that the person's contract is void as provided by c(2), and you go to C, you shall terminate the person. Then we go to c(1), if a school district becomes aware of a person employed by the district under one of the contracts and that person has been convicted of or received deferred adjudication for a felony offense. So you have two separate provisions in here? One dealing with Title V and then one dealing with --

SENATOR DAN PATRICK: Yes, sir. One is shall, one is permissive. It's permissive on all of the felonies. It's shall on the title.

SENATOR ROYCE WEST: Okay. Thank you very much.

SENATOR DAN PATRICK: Thank you very much. Mr. President, I move to engrossment.

SENATOR STEVE OGDEN: The motion is to pass to third reading, the secretary will call the roll.

SENATOR STEVE OGDEN: There being 20 ayes, nays and one absent, the bill is passed to third reading. Mr. Doorkeeper.

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

SENATOR STEVE OGDEN: Admit the messenger.

MR. MESSENGER: Thank you, Mr. President. Mr. President, I am directed by the House to inform the Senate that the House has taken the following action: The House has passed the following measures: SB 36 by Zaffirini related to methods for increasing --

SENATOR STEVE OGDEN: Senator Zaffirini is recognized for a motion to suspend the Senate's regular order of business to take up and consider House Bill 159.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. Mr. President and members, I move to suspend the Senate's regular order of business in order to take up and consider at this time House Bill 159 by Representative Richard Raymond relating to the resumption of employment by certain retirees within the Texas Municipal Retirement System. Members, this is a bill that would allow retired municipal employees to return to work within the same municipality after eight years of separation without losing completely their already vested pension payments during reemployment just as they could now return to work at a different municipality. The suspended annuity payments would be held in municipality accumulation fund and when the person resumes retirement, he or she would be entitled to a lump sum payment equal to the amount of the suspended annuity. Mr. President, I move suspension.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, and the rule is suspended. The Chair lays out on second reading House Bill 159. The secretary will read the caption.

PATSY SPAW: House Bill 159, Relating to the resumption of employment by certain retirees within the Texas Municipal Retirement System.

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

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

SENATOR KEVIN ELTIFE: Senator Zaffirini moves passage to third reading. Is there objection? Chair hears none, House Bill 159 is passed to third reading. Senator Zaffirini, you're recognized for a motion to suspend the constitutional three day rule.

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

SENATOR KEVIN ELTIFE: Secretary will call the roll.

SENATOR KEVIN ELTIFE: 27 ayes and 4 nays, the rule is suspended. The Chair lays out on third reading and final passage House Bill 159. The secretary will read the caption.

PATSY SPAW: House Bill 159 Relating to the resumption of employment by certain retirees within the Texas Municipal Retirement System.

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

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

SENATOR KEVIN ELTIFE: Senator Zaffirini moves final passage of House Bill 159. The secretary will call the roll.

SENATOR KEVIN ELTIFE: There being 27 ayes, four nay, House Bill 159 bill is finally passed.

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

SENATOR KEVIN ELTIFE: Senator Gallegos, you're recognized for a motion to suspend the Senate's regular order of business to take up and consider House Bill 1469.

SENATOR MARIO GALLEGOS: Thank you, Mr. President. I move to suspend the regular order of business in order to take up and consider the Committee Substitute for House Bill 1469. Members, 1469 exempts fraternal and veteran organizations from the performance bond requirements on the alcoholic beverage permit and all license holders. Veterans and fraternal organization establishments are the local VFWs and American Legions. They sometimes serve alcohol during organizational events. This would just exempt them from the bond. I move to suspend the regular order of business.

SENATOR KEVIN ELTIFE: Senator Gallegos moves suspension of the Senate's regular order of business to take up and consider House Bill 1469. Is there objection? Chair hears none, and the rule is suspended. The Chair lays out on second reading House Bill 1469. The secretary will read the caption.

PATSY SPAW: House Bill 1469, Relating to exempting certain fraternal and veterans organizations from certain bond requirements to obtain an alcoholic beverage permit or license.

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

SENATOR MARIO GALLEGOS: Thank you, Mr. President. I move passage to third reading.

SENATOR KEVIN ELTIFE: Senator Gallegos now moves passage to third reading. Is there objection? Chair hears none, House Bill 1469 is passed to third reading. Senator Gallegos, you're recognized for a motion to suspend the constitutional three day rule.

SENATOR MARIO GALLEGOS: Thank you, Mr. President. I move to suspend the three day rule.

SENATOR KEVIN ELTIFE: Secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes and zero nays, the rule is suspended. The Chair lays out on third reading and final passage House Bill 1469. The secretary will read the caption.

PATSY SPAW: House Bill 1469, Relating to exempting certain fraternal and veterans organizations from certain bond requirements to obtain an alcoholic beverage permit or license.

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

SENATOR MARIO GALLEGOS: Thank you, Mr. President. In my district we call this the Monger Bill. So I move final passage.

SENATOR KEVIN ELTIFE: Senator Gallegos moves final passage of House Bill 1469. The secretary will call the roll.

SENATOR KEVIN ELTIFE: There being 31 ayes, zero nay, House Bill 1469 is finally passed. Congratulation, Senator Gallegos.

SENATOR MARIO GALLEGOS: Thank you, Mr. President, members.

SENATOR KEVIN ELTIFE: Senator Zaffirini, are you ready on 1315? Senator Zaffirini, you're recognized for a motion to suspend the Senate's regular order of business to take up and consider Committee Substitute to House Bill 1315.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. Mr. President and members, I move to suspend the Senate's regular order of business in order to take up and consider at this time the Committee Substitute for House Bill 1315 by Represent Jose Ali cera. This was passed, this was recommended by the economic development committee and was amended to include the cities of Tyler and Longview by Senator Eltife. It relates to the use of the municipal hotel occupancy tax revenue in certain municipalities. Members, this bill would authorize the cities of Jordantown, which is in my district, Fairfield, which is in Senator Ogden's district to use all or any portion of the revenue derived from the municipal hotel occupancy tax for very specific purposes. It also would authorize the cities of Tyler and Longview in Senator Eltife's district to increase their hotel occupancy tax rate to 9 percent instead of the current maximum of 7 percent. Mr. President, I move suspension.

SENATOR KEVIN ELTIFE: Senator Zaffirini moves suspension of the Senate's regular order of business to take up and consider Committee Substitute to House Bill 1315. Is there objection? Chair hears none, and the rule is suspended. The Chair lays out on second reading Committee Substitute to House Bill 1315. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 1315, Relating to the use of municipal hotel occupancy tax revenue in certain municipalities.

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

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

SENATOR KEVIN ELTIFE: Senator Zaffirini now moves passage to third reading. Is there objection? Chair hears none, Committee Substitute to House Bill 1315 is passed to third reading. Senator Zaffirini, you're recognized for a motion to suspend the constitutional three day rule.

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

SENATOR KEVIN ELTIFE: Secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes and zero nays, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to House Bill 1315. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 1315, Relating to the use of municipal hotel occupancy tax revenue in certain municipalities.

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

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

SENATOR KEVIN ELTIFE: Senator Zaffirini moves final passage of Committee Substitute to House Bill 1315. The secretary will call the roll.

SENATOR KEVIN ELTIFE: There being 31 ayes, zero nay, Committee Substitute to House Bill 1315 is finally passed. Congratulation, Senator Zaffirini.

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

SENATOR KEVIN ELTIFE: Thank you, Senator Zaffrini. Senator Patrick is recognized for a motion to suspend the constitutional three day rule.

SENATOR DAN PATRICK: So moved.

SENATOR KEVIN ELTIFE: On Committee Substitute to House Bill 1610.

SENATOR DAN PATRICK: With the help of my friends, I would move to suspend the three day rule.

SENATOR KEVIN ELTIFE: With a little help from his friends, Senator Patrick moves to suspend the constitutional rule that bills be read on three several days. Secretary will call the roll.

SENATOR KEVIN ELTIFE: 26 ayes and five nays, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to House Bill 1610. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 1610, Relating to employment termination procedures applicable to a teacher who is convicted of or receives deferred adjudication for a felony.

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

SENATOR DAN PATRICK: I move final passage.

SENATOR KEVIN ELTIFE: Senator Patrick moves final passage of Committee Substitute to House Bill 1610. The secretary will call the roll.

SENATOR KEVIN ELTIFE: There being 21 ayes, 10 nay, Committee Substitute to House Bill 1610 is finally passed.

SENATOR DAN PATRICK: Thank you, Mr. President and thank you to all the members that helped.

SENATOR KEVIN ELTIFE: Senator Wentworth, are you ready on House Bill 254? Senator Wentworth, you're recognized for a motion to suspend the Senate's regular order of business to take up and consider House Bill 254.

SENATOR JEFF WENTWORTH: Thank you, Mr. President. I move to suspend the regular order of business to take up and consider House Bill 254 relating to establishing the Texas Derbies. House Bill 254 seeks to promote, develop and improve horse breeding and related businesses in Texas. Specifically House Bill 254 requires the Texas Racing Commission to establish the Texas Derbies as an annual (inaudible) that consists of one race open to three year old thoroughbreds, one race open to only three year old Texas bred thoroughbreds, one race open to three year old quarter horses and one race open only to three year old Texas bred quarter horses. This would allow both quarter horses and thoroughbreds to each have an open house in which all horses of the breed could compete as well as a closed race for Texas horses only. House Bill 254 also provides that for a Texas Derby only the Texas bred horses the respective officials state breed registries and the official Horseman's organization shall develop the race conditions, entry qualifications and the preference system used to determine the race finalists. For the open races, these matters would be developed by the Class I race track that is awarded such Texas derby and in all circumstances the conditions, qualifications and preferences would be subject to review by the executive secretary of the Texas Racing Commission. This bill also addresses the requirements for setting the date and the location for each derby and allows the racing commission with industry input to designate a Class I track as the regular host for each Texas derby. Finally, this bill also sets forth provisions relating to prerace examination requirements as well as the establishment and funding of the Texas derby escrow purse fund. Members, I will have an amendment clarifying the funding language in this bill. Mr. President, I move suspension of the --

SENATOR KEVIN ELTIFE: Senator Wentworth moves suspension of the regular order of business to take up and consider House Bill 254. Is there objection? Chair hears none, and the rule is suspended. The Chair lays out on second reading House Bill 254. The secretary will read the caption.

PATSY SPAW: House Bill 254, Relating to establishing the Texas Derbies.

SENATOR KEVIN ELTIFE: Senator Wentworth, you're recognized for a motion. Excuse me, Senator Wentworth. Floor amendment No. 1.

SENATOR JEFF WENTWORTH: Members, this is the amendment that I talked about a minute ago. This amendment clarifies the funding language in this bill. After discussions among the bill's author, Representative Hildebrand and industry stakeholders, we've agreed on identifying language that will ensure that the accredited Texas bred incentive program and the escrow (inaudible) purse account are not depleted by the Texas Derby escrow purse fund. However, the amendment language does still allow a breed registry to voluntarily contribute to that fund or pay the expenses of the Texas Derby race if they wish. I move adoption of floor amendment No. 1.

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

SENATOR JEFF WENTWORTH: Mr. President, I move passage to engrossment of House Bill 254 as amended.

SENATOR KEVIN ELTIFE: Senator Wentworth now moves passage to third reading. Is there objection? Chair hears none, House Bill 254 as amended is passed to third reading. Senator Wentworth, you're recognized for a motion to suspend the constitutional three day rule.

SENATOR JEFF WENTWORTH: Mr. President, I move to suspend the constitutional rule that requires that bills be read on three several days. I'm sorry, I trip over the language. I'm so unused to making that motion.

SENATOR KEVIN ELTIFE: We're using to you being a no. Secretary will call the roll.

SENATOR KEVIN ELTIFE: 29 ayes and 2 nays, the rule is suspended. The Chair lays out on third reading and final passage House Bill 254. The secretary will read the caption.

PATSY SPAW: House Bill 254, Relating to establishing the Texas Derbies.

SENATOR KEVIN ELTIFE: Senator Wentworth is recognized on his derby bill.

SENATOR JEFF WENTWORTH: I move final passage of House Bill 254.

SENATOR KEVIN ELTIFE: Senator Wentworth moves final passage of House Bill 254. The secretary will call the roll.

SENATOR KEVIN ELTIFE: There being 29 ayes, two nay, House Bill 254 as amended is finally passed. Congratulation, Senator Wentworth.

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

SENATOR KEVIN ELTIFE: Senator Seliger, 2507. Senator Seliger is recognized for a motion to suspend the regular order of business on House Bill 2507.

SENATOR KEL SELIGER: Thank you, Mr. President. I move to suspend the regular order of business to take up and consider House Bill 2507 at this time relating to an offense of installing an irrigation system without a license. The concern is that unlicensed installers will contaminate public water supplies because they are not trained to prevent non-potable water and lawn irrigation pipes from pouring into the public water pipes that must be opened to install irrigation systems. So this bill proscribes this sort of behavior, it attaches penalties. It does allow for an individual to install an irrigation system in their own lawn. I move suspension.

SENATOR KEVIN ELTIFE: Senator Seliger moves suspension of the regular order of business to take up and consider House Bill 2507. Is there objection? Chair hears none, and the rule is suspended. The Chair lays out on second reading House Bill 2507. The secretary will read the caption.

PATSY SPAW: House Bill 2507, Relating to the offense of installing an irrigation system without a license.

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

SENATOR KEL SELIGER: Thank you, Mr. President. I move passage to third reading of House Bill 2507.

SENATOR KEVIN ELTIFE: Senator Seliger now moves passage to third reading. Is there objection? Chair hears none, House Bill 2507 is passed to third reading. Senator Seliger, you're recognized for a motion to suspend the constitutional three day rule.

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

SENATOR KEVIN ELTIFE: Secretary will call the roll.

SENATOR KEVIN ELTIFE: 30 ayes and one nays, the rule is suspended. The Chair lays out on third reading and final passage House Bill 2507. The secretary will read the caption.

PATSY SPAW: House Bill 2507, Relating to the offense of installing an irrigation system without a license.

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

SENATOR KEL SELIGER: Mr. President, I move final passage of House Bill 2507.

SENATOR KEVIN ELTIFE: Senator Seliger moves final passage of House Bill 2507. The secretary will call the roll.

SENATOR KEVIN ELTIFE: There being 30 ayes, one nay, House Bill 2507 is finally passed. Congratulation, Senator Seliger.

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

SENATOR KEVIN ELTIFE: Senator Rodriguez, you're recognized, Senator Rodriguez for a motion to suspend the Senate's regular order of business to take up and consider Committee Substitute to Senate Bill 1193.

SENATOR JOSE RODRIGUEZ: Thank you, Mr. President and members. The Committee Substitute for Senate Bill 1193 passed the Senate health and human services committee unanimously. State law specifically states that several provisions that must be included in a

(inaudible) organization that will provide health care services to recipients. For example, a community CMHR center. The Committee Substitute for Senate Bill 1193 requires that the managed care organization coordinate the care of each recipient who is receiving services through the managed care organization and from a mental health retardation center, requiring that physical health care (inaudible) coordinate with mental health services will provide for a (inaudible) and reduce the potential for clerical errors. This bill is supported by the Council on Mental Health and Mental Retardation Center, the Texas Council on Community Centers, the

(inaudible), the Texas Association on Health Plans, the Association of Health Care Workers, (inaudible) of Austin, Texas Cares for Children and Children's Hospital. Mr. President and members, I move that we suspend the Senate's regular order of business and all necessary rules in order to take up and consider the Committee Substitute for Senate Bill 1193.

SENATOR KEVIN ELTIFE: Senator Rodriguez moves suspension of the Senate's regular order of business to take up and consider Committee Substitute to Senate Bill 1193. Is there objection? Chair hears none, and the rule is suspended. The Chair lays out on second reading Committee Substitute to Senate Bill 1193. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1193, Relating to coordination of services provided by Medicaid managed care organizations.

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

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

SENATOR KEVIN ELTIFE: Senator Rodriguez now moves passage to third reading. Is there objection? Chair hears none, Committee Substitute to Senate Bill 1193 is passed to third reading. Senator Rodriguez, you're recognized for a motion to suspend the constitutional three day rule.

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

SENATOR KEVIN ELTIFE: Secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes and zero nays, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to Senate Bill 1193. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1193, Relating to coordination of services provided by Medicaid managed care organizations.

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

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

SENATOR KEVIN ELTIFE: Senator Rodriguez moves final passage of Committee Substitute to Senate Bill 1193. The secretary will call the roll.

SENATOR KEVIN ELTIFE: There being 31 ayes, zero nay, Committee Substitute to Senate Bill 1193 is finally passed. Congratulation, Senator Rodriguez. Members, if we could have your attention. We're going to take a short break until around 2:00. We're going to recess until about 2:00, give our staff time to take a break and eat lunch. When we come back, we're going to start with House Bill 725, that's Fraser's water bill, it has quite a few amendments on it. And then the plan is still to try to be out of here around 3:00. So that's where we're headed. Senator Carona, you're recognized for a motion.

SENATOR JOHN CARONA: Thank you, Mr. President. I would move to suspend Senate rules 11.10 and 11.18 so that the Senate business and commerce committee can take up House Bill 2643, House Bill 3117 and House Bill 971 at my desk immediately upon recess.

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

SENATOR JOHN WHITMIRE: I would move that the Senate recess until 3:00. Is that what you said? 2 o'clock.

SENATOR KEVIN ELTIFE: Thank you, Dean Whitmire. Members, you've heard the motion by Dean Whitmire. We'll stand at recess until 2:00. Is there objection? Chair hears none, so ordered. Thank you, members.

(Recess.)

SENATOR KEVIN ELTIFE: Senate will come to order. Mr. Doorkeeper.

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

SENATOR KEVIN ELTIFE: Admit the messenger.

MR. MESSENGER: Thank you, Mr. President. Mr. President, I am directed by the House to inform the Senate that the House has taken the following action. The House has concurred on the Senate amendment to the following measures --

SENATOR KEVIN ELTIFE: Thank you, Mr. Messenger. The Chair lays out as a matter of postponed business Committee Substitute to House Bill -- Committee Substitute to House Bill 725 by Fraser. Secretary please read the caption.

PATSY SPAW: Committee Substitute to House Bill 725, Relating to the operation, powers, and duties of certain water districts.

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

SENATOR GLENN HEGAR: Thank you, Mr. President and members. I withdraw my point of order on the committee amendment. I know Senator Fraser has a new committee amendment, so I'll withdraw my point of order so he can withdraw the amendment and lay out a new committee amendment.

SENATOR KEVIN ELTIFE: Thank you, Senator Hegar. Senator Fraser, do you withdraw floor amendment No. 3 at this time?

SENATOR TROY FRASER: The existing, I guess, No. 3 we have filed, we have withdrawn it. There is another amendment like it that has been laid out and will probably be renumbered and probably we would not want to do this now until everybody gets on the floor, on that amendment. We might move on some of the other ones.

SENATOR KEVIN ELTIFE: Senator Fraser withdraws floor amendment No. 3. Following amendment, the secretary will read the amendment.

PATSY SPAW: Floor amendment No. 4 by Nichols.

SENATOR KEVIN ELTIFE: Members, there are going to be a lot of amendments on this bill. We're going to go slow and make sure you have the amendments in your hands before we ask the author of the amendment to explain the amendment. Senator Nichols to explain floor amendment No. 4.

SENATOR ROBERT NICHOLS: Members, Mr. President, this amendment is identical to Senate Bill 573 which the Senate passed a few weeks ago. The amendment simply states that if an individual tract of land of 25 acres or more not receiving service from utility, the CPN, the land owner may petition to be released. This amendment only applies to the most populated areas, counties of 1 million, adjacent counties to Smith counties. As I understand it, the amendment is acceptable to the author.

SENATOR KEVIN ELTIFE: Senator Fraser on floor amendment No. 4. Senator Lucio, for what purpose?

SENATOR EDDIE LUCIO: Will the gentleman yield?

SENATOR KEVIN ELTIFE: Senator Nichols yield?

SENATOR ROBERT NICHOLS: Yes.

SENATOR EDDIE LUCIO: Thank you. Senator, if this was truly a property rights issue, which I'm sure that's what we're talking about here, should the same authority be granted to land owners who sit inside annexed areas of cities and municipal utility districts who are not receiving service who just want out?

SENATOR ROBERT NICHOLS: You saying should it only apply to those counties that are the large counties? Is that the question?

SENATOR EDDIE LUCIO: Yes.

SENATOR ROBERT NICHOLS: That's the way I crafted the bill. The bill as drafted -- the committee substitute as drafted that we passed out of the Senate, I had bracketed it down to counties of 1 million, counties adjacent to counties of 1 million and Smith County. Because those seem to be the areas where most of the problems occur.

SENATOR EDDIE LUCIO: Okay. Yes, sir. Is this truly an issue of a land owner not receiving service?

SENATOR ROBERT NICHOLS: Truly not receiving service?

SENATOR EDDIE LUCIO: Yeah.

SENATOR ROBERT NICHOLS: The people that we have dealt with in numerous situations as well as other members in other districts have told us that they have had very similar problems and that they were land locked in there, they were not receiving service. To get service they were being held hostage and extorted, I'm going to use the word extortion, to the tune of not a couple of hundred thousand dollars, but a half a million to a million and a half to $2 million to be able to get out. There is a process on the books through TCEQ that does not work, has failed to protect the people who the original CPNs were intended to benefit and this streamlines the process and allows them out.

SENATOR EDDIE LUCIO: Right. So the answer is no, under the bill the land owner may allow out of a CPN area, if they are not a customer, right?

SENATOR ROBERT NICHOLS: If they are not currently being given the service, they could opt out if they are in those large counties.

SENATOR EDDIE LUCIO: Yes, sir. Senator, is there any provision in Senate Bill 573 that protects the state from additional colonias popping up? Isn't it in the best interest of Texas to prevent the proliferation of colonias given that the current financial demand that Texas Water Development Board for the economic distressed areas program is already almost at 400 million?

SENATOR ROBERT NICHOLS: I think, Senator, most colonias in the state are within a county of the border of Mexico or two counties of the borders of Mexico, so the adjacent -- or those counties to the adjacent and not one of those counties is included in this bill. So there is not a single border county with Mexico or even adjacent county that's included in this bill. They're all exempt.

SENATOR EDDIE LUCIO: We understand that, but I guess the concern is -- I don't want to say the opportunity because that's what it not, we don't -- we want to say maybe because of this legislation they'll pop up somewhere else in this state. That's the concern. Senate Bill 573, if a landowner opts out, can they then come back at a later date and time and receive service? Is there a provision that makes them pay full cost versus making the utility pass along the infrastructure costs onto all other rate payers?

SENATOR ROBERT NICHOLS: Senate, they're not receiving service. If they were receiving service and getting good, quality service at a fair and reasonable amount they would not want out. The only reason they want out is because they are failed to get service.

SENATOR EDDIE LUCIO: I understand that. So a land owner may be able to come back at a later date to receive service but the bill does not address what that land owner would be required to pay or how long or how taking that area back in would impact the rest of the system's rate payers, correct?

SENATOR ROBERT NICHOLS: I would think that he could not get back in unless the owners or the entity of the CCN wanted him to get back in. If they wanted to do that, I would assume the parties would get together and work out whatever arrangement is beneficial to them without the state being involved.

SENATOR EDDIE LUCIO: Senator, you say that this is an urban bill, but do you know how many rural water systems this bill affects?

SENATOR ROBERT NICHOLS: I know that by definition of what they call rural, there's about 200 it affects. But by my definition of rural, those are not rural water, they fall under a rural water code, they met the mission they were originally set out to obtain and now the large counties of 1 million and those adjacent counties, which are like half a million, have now grown over those things and those what you call rural water supplies, that particular 200 are now in urbanized regions of the state. And what has happened to our property owners in the state, some of those rural systems do not have the financial resources to take care of the properties that are in those districts. And so these people are trapped. And the values of their property have actually dropped because they're in these things and they cannot receive service. So they're trying to get out. The Texas Public Policy Foundation just came out with an entire article related to this just about a week ago and I will say that basically it says the resulting lack of choice has led to many faces -- I'm talking about your rural situation, to significantly higher costs of obtaining water utilities. This in turn reduces the value of the property. Talking about the property owners that want to get out. The fact is there's often a transfer of wealth from the property owners to the holders of the CCNs when the CCN is granted. Yet, this transfer takes place without compensation. It is a taking of the rights of these people who have no choice or opportunity to not be in the thing in the first place. Senate Bill 573 significantly restores the property rights of landowners whose property has become subject to CCN without ever obtaining their consent.

SENATOR EDDIE LUCIO: And I'm okay with that. But, you know, my question obviously was on rural water systems and according to the TCEQ, there are 924 systems that hold water and/or sewers, CCNs that would be impacted by this bill. The vast majority of these are rural water systems. Now, Senator, will this bill affect existing customers within a utility that has a CCN in an affected area?

SENATOR ROBERT NICHOLS: I don't see how it would affect anybody that's currently receiving services because the people that get out under this bill are not receiving services.

SENATOR EDDIE LUCIO: Well, again, in our research, the response to that question would be yes, the Committee Substitute for Senate Bill 573 (inaudible) rural water utilities' ability to plan for and maintain a sustainable, critical infrastructure at a price to consumers. Utility infrastructure including treatment plans, distribution lines and storage facilities are critical components of the provision of safe drinking water and ensure the protection of public health and the environment. Will this bill, Senator, have a detrimental impact on a water or sewer system's ability to obtain financing for new infrastructure?

SENATOR ROBERT NICHOLS: In my opinion, no, sir, it will not because these people were not receiving service. I do think it will financially benefit the people who would be able to give service on to their land. They are trapped right now.

SENATOR EDDIE LUCIO: Well, again, we thought it would be to the affirmative to that. The ability to obtain financing is contingent upon being able to repay that debt obligation and utilities invest in their own service area with the anticipation of growth and future customer growth within that service area, if landowners remove property from an area where the investment has been made to serve the area, the ability to repay that debt obligation becomes uncertain.

SENATOR ROBERT NICHOLS: One of the things, sir, Senator Lucio, it does is it provides competition, and competition is good. The state of Texas granted a monopoly at one time to these people so they could help put the -- they gave the monopoly to the CCNs a long time back there, so that they could do the planning and stuff. But we have many people who are trapped, they do not provide service, they show no schedule providing service and if these people had an opportunity for the service at a reasonable cost, I'm sure they would take it. Most of the people that I've talked to who have had major problems have been held hostage. And given a reasonable and fair competition, they would love to opt out but we as a state have trapped them into a monopoly, and so what I think -- by allowing an opportunity for the property owner to choose, we free them up. And I think that's very fair in our system.

SENATOR EDDIE LUCIO: Senator, last question that I'd like to ask of you is was there a late attempt to bring all groups together on this issue to come to some sort of consensus including (inaudible)?

SENATOR ROBERT NICHOLS: No. There was an attempt by one staff member who seemed to carry the flag and banner of one other side. I never really sat down and had an opportunity to go through those issues. I later found out that the issues were being waved around at the different places in the Capitol, but I sat down with some of the rural water people several months ago, they did not want to budge on the issue, they wanted to come to dink with the process, it does not work. The people have been trapped in it for years, and I have showed them some of the people who were trapped and how really expensive the extortion was, they were horrified, they could hardly believe one of their own members would do that, but they did. And then they tried to get me to bracket the bill just to those problem areas and I did not think that was fair and reasonable to the other people in these counties that were bracketed.

SENATOR EDDIE LUCIO: You know, I've been informed by some stakeholders of people that are interested in this legislation that the bill was drafted only developers in mind who seek to build MUDs instead of working with existing water and sewer service providers.

SENATOR ROBERT NICHOLS: Yeah, different members work different ways. Some members, developers or different associations, people bring them bills to carry. This is not a bill that was operated that way. I have been working on this issue for five years in my district, my 16 counties, I have actually gone and visited with property owners that have been trapped, have not been able to get out. I visited, beginning six years ago, before I was even sworn in, with the TCEQ trying to understand the process, how these people got trapped in this thing. I was really horrified, I tried to work with the TCEQ in the ruling process. They were very inflexible on this. I then tried working with the rural water people, that didn't really work. So my freshman year, I began filing bills related to this. I could not even get a hearing on the bills. And so the following session I worked for two more years from session to session, so in 2007 I filed similar bills again. Still, I could not even get a hearing. The rural water people had the whole thing buttoned up so tight you could not even get a discussion on it. And so I just kept lobbing grenades and so this session I filed again, but I had a little more success with this thing. All of a sudden what I realized as I talked to different members, more and more members who were out there becoming aware of this issue. Not only in the Senate but also in the House, and the House members have seen this issue. So over the last several years, members have gotten together and said, we're going to try to do something again this session. And so the bill began moving. I can tell you Senator Eltife, I'm going to use Senator Eltife's name, but Smith County, the south end of Smith County, which I represented, although he lives in downtown in Tyler, we ran across a situation there where we had a subdivision inside the city limits and as the subdivision lot by lot by lot, they took the wastewater, when they got to the very next lot, there was a dotted line and they would not let them tie into the city sewer line because it had a CCN. And the developer had a facility like a mile or so away would not even run the infrastructure there, would require that lot owner or developer to run the pipe the opposite direction and so on. I think the city was going to have to pay like a million and a half bucks to get out of that thing. I think the last price I heard was something like two and a half million bucks. This is a CCN monopoly granted by the state of Texas, is being taken advantage of. This particular owner is not a coop there in East Texas. It is a company owned out of Canada whose local operator and agent is out of Arizona. And so that city, I think, actually wound up in a lawsuit and stuff from it. But we generated this bill ourselves not because any developer or any other private entity brought it. It was self generated from a district up and found out that there's a common problem all across the state. That's where the bill came from, Senator.

SENATOR EDDIE LUCIO: And I can appreciate, Senator, your hard work. I have been working since 1987 to try to address the proliferation of colonias and, you know, trying to bring some sense and regulation to what is happening out in the rural areas of our state. And really, I can truly appreciate your hard work because I know what you've gone through. Mr. President, parliamentary inquiry.

SENATOR KEVIN ELTIFE: State your inquiry.

SENATOR EDDIE LUCIO: I feel that this amendment might be in violation in terms of its germaneness to this bill and I'd like to approach the bench with Senator Nichols.

SENATOR KEVIN ELTIFE: Come forward, please. Senator Lucio.

SENATOR EDDIE LUCIO: Mr. President, I'd like to withdraw my parliamentary inquiry, actually my point of order on the germaneness of this amendment.

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

SENATOR CARLOS URESTI: Would the gentleman yield for a few questions?

SENATOR KEVIN ELTIFE: Senator Nichols yield?

SENATOR ROBERT NICHOLS: Yes.

SENATOR CARLOS URESTI: Thank you. Senator Nichols, thank you. I understand the concerns you have, but I think you also understand the concerns that I have with regard to my district and one of the concerns that I have specifically deals with I suppose the way you have bracketed the amendment such that it's a million -- a population of a million or more and any contiguous counties.

SENATOR ROBERT NICHOLS: Counties of a million or a more or adjacent counties to those counties plus Smith County.

SENATOR CARLOS URESTI: And that's what creates one of my concerns is that with Bexar County, for example, as you know, I have several counties that are adjacent to Bexar County. Is it possible that your amendment could be amended to let you exclude the contiguous counties?

SENATOR ROBERT NICHOLS: At this late in the game, I would say I would not like to do that, but I appreciate you bringing it up.

SENATOR CARLOS URESTI: The second question I have is can you tell the members why the Texas Rural Water Association is against your bill when filed it and have spoken against the amendment.

SENATOR ROBERT NICHOLS: I would rather have them explain it to you.

SENATOR CARLOS URESTI: My notes state that they argue that it would discourage long range planning and investment in water and sewer infrastructure in communities because service providers would not have any certainty that they would recover their investment when landowners have the option to leave the service area at any time and for any reason.

SENATOR ROBERT NICHOLS: The list that you have is basically the same list that Senator Lucio just went through. They have a list of like seven different reasons, which I disagree with most of those reasons.

SENATOR CARLOS URESTI: Thank you, Senator Nichols.

SENATOR ROBERT NICHOLS: Thank you very much.

SENATOR KEVIN ELTIFE: Thank you, Senator Uresti. Senator Nichols has adopted adoption of floor amendment No. 4. Senator Fraser on the amendment.

SENATOR TROY FRASER: Since we got opposition, we'll probably have a vote on it, but it is acceptable and I'm going to vote for it. But I think you probably need to vote, but I will be -- this is a bill that passed through our committee and passed off the floor and I voted for it two times.

SENATOR KEVIN ELTIFE: Thank you, Senator Fraser. Senator Nichols moves adoption of floor amendment No. 4. It's acceptable to Fraser. Secretary please call the roll.

SENATOR KEVIN ELTIFE: 17 ayes, 12 nays, floor amendment No. 4 is adopted. Following amendment, the secretary will read the amendment.

PATSY SPAW: Floor amendment No. 5 by Huffman.

SENATOR KEVIN ELTIFE: Members, we'll make sure that you have the amendment before it's explained. This should be the Huffman amendment. Senator Huffman to explain the amendment.

SENATOR JOAN HUFFMAN: Thank you, Mr. President. This floor amendment amends the power of the Imperial Redevelopment District and authorizes the district to undertake sports and community venue projects. It's a local bill for Fort Bend County, the district is currently not authorized to exercise any eminent domain power, the bill does not propose to add any. I believe it's acceptable to the author. Purely local bill. Move for adoption.

SENATOR KEVIN ELTIFE: Senator Fraser on floor amendment No. 5 by Huffman.

SENATOR TROY FRASER: This is a local bill, and it's very acceptable to the author.

SENATOR KEVIN ELTIFE: Senator Huffman moves adoption of floor amendment No. 5, it's acceptable to Fraser. Is there objection? Chair hears none, floor amendment 5 is adopted. Floor amendment 6, the secretary will read the amendment.

PATSY SPAW: Floor amendment No. 6 by Fraser.

SENATOR KEVIN ELTIFE: Senator Fraser to explain the amendment.

SENATOR TROY FRASER: Members, this amendment I'm hoping you're paying attention to because it's going to be an interesting discussion. This bill actually only applies -- and I believe this is correct. It only applies to five members of the Senate. This will involve the people in the Upper Bison of the LTRA which are myself, Senator Watson, Senator Zaffirini and Senator Wentworth and then the one on the Lower Bison which is Senator Hegar. This only has to do with LTRA. This amendment defines the usage of farm water and interruptible water to its customers. The amendment would require the water management plan meet the needs of farm water customers as required by the LTRA's adjudicated water permit. The amendment also requires that farm water customers cannot be asked to do voluntary conservation water measures until the interruptible water customers have been curtailed. That's the explanation and I would open up for discussion.

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

SENATOR GLENN HEGAR: Thank you, Mr. President. Will the gentleman yield?

SENATOR KEVIN ELTIFE: Senator Fraser yield?

SENATOR TROY FRASER: I would be glad to.

SENATOR GLENN HEGAR: Thank you, Senator Fraser. I appreciate you working on this. I know you've changed the amendment from the one that we had on the floor the other day, and I appreciate you giving me a copy earlier so I had an opportunity to read over it and at least make sure what we were doing before we discussed it. I really appreciate you giving me that opportunity. A couple of questions on the amendment before we kind of get into the bigger policy, that on page 2, line 6 if you really start off I guess with line 5, it starts off with "provide for curtailing water supplies uninterruptible commitment before" and the key word is "before" -- "before requesting that farm water customers institute voluntary drought contingency manners." So the way I read this is that if we are having a drought, which typically ends up being a drought of record. You know, here a few years ago we were in a significant drought, LTRA was talking about changing the trigger levels on the lakes, I asked them to hold off, three of my House counterparts who represented the Lower Colorado basin asked them to hold off, they did hold off and as a result, miraculously, it started raining, the lakes filled back up, went from dry to full just literally over the wintertime. Now, from what I understand this portion of the amendment, before voluntary drought contingency manners would be we're literally going to cut water off downstream before we even begin any conservation measures in any shape, form or fashion, whether it's watering yards, washing cards, San Antonio, they have trigger levels, as you know, because of the Edwards Aquifer and the responsibility there, that they go through several stages to make sure they conserve water in a judicial, efficient, effective manner; yet, this amendment would cut off the livelihood of the downstream folks and cause economic devastation before we even start talking about voluntary drought contingency manners.

SENATOR TROY FRASER: Senator, are you aware of what the upper basin people, which are called firm users, what they pay per acre fee for water?

SENATOR GLENN HEGAR: Yes, actually, I am.

SENATOR TROY FRASER: $131 per acre fee that they pay for their water for the guarantee that their water will be firm. Are you aware of what the lower basin interruptible people pay?

SENATOR GLENN HEGAR: Yeah, I am. It's no different than -- you remember we had a discussion, a joint committee hearing of business and commerce and natural resources when we were