Senate Transcript, May 23, 2011

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

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

SENATOR KEVIN ELTIFE: A quorum is present. Senator Hegar, you're recognized for a motion.

SENATOR GLENN HEGAR: Thank you, Mr. President and members. I move to suspend Senate rule 11.13 to permit the conference committee on House Bill 1 to meet while we're in session today.

SENATOR KEVIN ELTIFE: Members, you heard the motion by Senator Hegar. Is there objection? Chair hears none, so ordered. Thank you, Senator Hegar. Senator Van de Putte, you're recognized.

SENATOR LETICIA VAN DE PUTTE: Thank you, Mr. President. Mr. President and members, it is with great joy today that I introduce our pastor for the day, Reverend John Valenzuela. Pastor Valenzuela is a native of San Antonio having graduated from Harlindale, Senator Uresti, from that great excellent school and also is a graduate of UTSA, masters from Incarnate Word. He is a basketball coach at the winning school of Madison, high school in Northeast Independent School district but is the copastor at Community Bible Church in San Antonio, Texas. On Wednesday nights it's not unusual to see between five and 600 youth and teenagers at that Wednesday night service and I got to tell you in those Saturday night and Sunday services, it gets a little intimidating when there's more than 5,000 people there. John is married to my beautiful baby sister Rosanne Valenzuela and they are the proud parents of six children which they have adopted. Four of them being from one sibling set two years ago from Child Protective Services. Please welcome my brother-in-law dear friend and a true man of the cloth, Reverend John Valenzuela.

SENATOR KEVIN ELTIFE: Thank you, Senator Van de Putte. Will all on the floor and in the gallery please rise for the invocation to be delivered by Pastor John Valenzuela, Community Bible Church of San Antonio.

PASTOR: Dear Lord, please bless those who lead this great state. I pray that You illuminate the minds and hearts of those in this historic room. I pray that You shower blessings upon the Senators of Your great state. I pray that You open all the doors and windows from heaven and saturate them with Your divine spirit. Anoint them. Appoint them. Transform them. Bring down a piece of heaven into their personal lives. Bless their homes. Bless their families. Bless their relationships. I pray that You give the Senators of Your great state the abundant life. Give them true health. Give them true wealth. Give them true love. Give them true peace. I pray that You lead and guide the Senators of Your great state down Your path, the path of righteousness, the path of grace, the path of mercy, and the path of justice. Direct their steps. Bring clarity in their decision-making. Teach them Your ways. As surely as the heaven is higher than the Earth, so are Your ways higher than theirs. I pray that You protect the Senators of Your great state. Place a hedge of protection around them and all they represent. Keep them safe. Keep them in peace. Keep them in security. In Your name I pray. Amen.

SENATOR KEVIN ELTIFE: Thank you, Pastor. You may be seated. Members, Senator Whitmire moves to dispense with the reading of yesterday's journal. Is there objection? The Chair hears none, so ordered. Mr. Doorkeeper.

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

SENATOR KEVIN ELTIFE: Admit the messenger.

MESSENGER: Thank you, Mr. President. Mr. President, I'm directed by the House to inform the Senate that the House has taken the following action --

SENATOR KEVIN ELTIFE: Thank you, Mr. Messenger. Following resolution. Secretary please read the resolution.

PATSY SPAW: Senate Resolution 1001 commending Captain Eugene A. Cernan for his exceptionable service to the nation as a naval aviator and astronaut. By Jackson.

SENATOR KEVIN ELTIFE: The Chair recognizes Senate Jackson on the resolution.

SENATOR MIKE JACKSON: Thank you, Mr. President. Members, it's another special day in the Capitol here. It's my honor to have a great American here on the floor and it's a privilege to welcome Captan Gene Cernan to the Senate floor today. Now, most of you probably know all about Gene Cernan and his distinguished career but if some of you may have forgotten, I'm going to refresh your mind a little bit. Captain Cernan is the second American to have walked in space and he is the last man to have walked on the moon. Now, his footprints -- I don't know if our telescopes are good enough, Captain, if we can still see your footprints there or not but I'm pretty sure they're still there on the moon. He served as a naval aviator for 20 years, 13 of those years at NASA and in addition of being commander of the Apollo 17 mission, he was also the pilot of the Gemini 9 mission and the lunar module pilot of Apollo 10. Captain Cernan has received countless awards, members, throughout his career, NASA's first ambassador of exploration. The FAA prestigious Wright Brothers master pilot award. In 2007 he received the Lindbergh spirited award which is presented only every five years and also in 2007 NASA presented Captain Cernan with one of the most prestigious aviation trophies of the world, it is the Wright Brothers trophy. He was inducted into the naval aviation hall of honor, he's one of those rare men, members, if you think about this, you train, you work, you learn, you learn systems you learn about emergency operations and what to do, what do you do if, and myself as a lowly private pilot learned all of this in flying, you know, below 12,000 feet, Captain, and to think about it when you learn these systems and you are doing something that no one has ever done before, you're put in a situation where there's no handbook to use to tell you what to do, it's quite inspiring. Members, on the floor today we have with Captain Cernan, Dick and Sandra Messbarger. Will y'all wave at us? We appreciate y'all and everything that you're doing. And also we Jeannie Kranz is here and she works I think now for Congressman Olson who represents NASA in Washington, D.C. and also you remember some of the movies that you see, one of them comes back to mind that made popular about what went on at JSC during a mission, the commander and he was -- I think their title was the mission commander but he's on the ground and he's coordinating everything that's going on up in space. Her father did that job, and I tell you what, that's one heck of a job to do. Mr. Cernan, we appreciate you being here, you're known worldwide for all the accomplishments that you achieved on that program. Members, I tell you what, you start thinking about things that you kind of take for normal as an everyday thing that we use in our personal lives that came as a result of the space program. There are countless -- you know, I'm pretty sure that Senator Watson may get lost while he's riding his motorcycle in the hill country if he didn't have his GPS and we take all that for granted. We used to think, oh, somebody did do that. These are results of our space program. So, he's here this morning to help raise funds for scholarships for kids to take up math and science engineering in schools and it's just a big, big pleasure for me to have him here and as a guest in the Senate. Would y'all please help me give a big Texas welcome to Captain Gene Cernan.

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

SENATOR MIKE JACKSON: I move adoption of Senate Resolution 1001.

SENATOR KEVIN ELTIFE: Senator Jackson moves adoption of the resolution. Is there objection? Chair hears none, so ordered. Thank you, Senator Jackson. Members, that concludes the morning call.

SENATOR MIKE JACKSON: Members, the Chair recognizes Senate Eltife for a motion to concur in House amendments to Senate Bill 141.

SENATOR KEVIN ELTIFE: Thank you, Mr. President. I move to concur in House amendments to SB141. The House added a technical amendment that corrects a reference to a subsection that was improperly cite in the original bill. I move to concur in House amendments to SB141.

SENATOR MIKE JACKSON: Okay, members, Senator Eltife moves that the Senate concur in House amendments to SB141. The secretary will call the roll.

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

SENATOR MIKE JACKSON: There being -- there being 30 ayes and zero nays, the motion is adopted.

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

SENATOR MIKE JACKSON: The Chair recognizes Senator Zaffirini for a motion to concur in House amendments to Senate Bill 61.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. Mr. President and members, I move to concur with the House amendments to Senate Bill 61 relating to juvenile case managers. Senate Bill 61, members, establishes minimum standards for juvenile case managers. The House added a couple of acceptable amendments that would allow the case manager fund to pay for the cost associated with the position of juvenile case manager and clarify the minimum educational training requirements as quote appropriate educational preservice and in-service training standards unquote and make other conforming changes. These amendments reflect an agreement reached through further work through the stakeholders and I move to concur.

SENATOR MIKE JACKSON: Senator Zaffirini moves that the Senate concur in House amendments to Senate Bill 61. The secretary will call the roll.

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

SENATOR MIKE JACKSON: There being 30 ayes and zero nays, the motion is adopted.

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

SENATOR MIKE JACKSON: The Chair recognized Senator Uresti for a motion to concur in House amendments to Senate Bill 116.

SENATOR CARLOS URESTI: Thank you, Mr. President and members. Good morning. I rise to concur with the House amendments to Senate Bill 116. The amendment clarifies the definition of dating violence in the family code to exclude a defensive measure to protect oneself. The amendment also adds to the definition acts that are committed against a victim because of the victim's marriage to or dating relationship with an individual with whom the actor is or has been in a dating relationship or marriage. With that, Mr. President, I move that the Senate concur with the House amendment.

SENATOR MIKE JACKSON: Members, Senator Uresti move that the Senate concur in House amendments to Senate Bill 116. The secretary will call the roll.

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

SENATOR MIKE JACKSON: There being 30 ayes and zero nays, the motion is adopted.

SENATOR CARLOS URESTI: Thank you.

SENATOR MIKE JACKSON: The Chair recognizes Senate Carona on a motion to concur in House amendments to Senate Bill 690.

SENATOR JOHN CARONA: Thank you, Mr. President and members. There was an amendment in the House that eliminated a potential unintended consequence of Representative Kolkhorst, House Bill 300 without diluting the effectiveness or purpose of House Bill 300. This bill deals with self-storage liens. That was the only change made to it, I move to concur with House amendments to Senate Bill 690.

SENATOR MIKE JACKSON: Members, Senator Carona move that the Senate concur in House amendments to Senate Bill 690. The secretary will call the roll.

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

SENATOR MIKE JACKSON: There being 30 ayes and zero nays, the motion is adopted. The Chair recognizes Senator Seliger for a motion to concur in House amendments to Senate Bill 544.

SENATOR KEL SELIGER: Thank you, Mr. President. I move to concur with the amendments made to SB 544 at this time related to unlawful acts against a criminal offenses involving Medicaid program. Senate Bill 544 which passed the Senate unanimously on March 30 expands the definition of civil Medicaid fraud to include those who cause false claims to be committed to the Medicaid program for drugs and other products adulterated due to poor manufacturing practices. The House amended the bill to include language which conform with recently enacted changes to the federal Medicaid False Claims Act. These are particularly essential which allows Texas to recover an additional 10 percent in the civil Medicaid cases. I move to concur.

SENATOR MIKE JACKSON: Members, Senator Seliger moves that the Senate concur in House amendments to Senate Bill 544. The secretary will call the roll.

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

SENATOR MIKE JACKSON: There being 30 ayes and zero nays, the motion is adopted.

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

SENATOR MIKE JACKSON: The Chair recognizes Senator Van de Putte for a motion to concur in House amendments to Senate Bill 639.

SENATOR LETICIA VAN DE PUTTE: Thank you, Mr. President. Mr. President and members, I move to concur with House amendments to Senate Bill 639. Senate Bill 639 dealt with our Hazelwood program that is the armed -- members of the Armed Forces who has credit at our public universities and this was a fix to some technicalities. The House added an amendment at the request of University of Texas that would require that the application for a Hazelwood exemption would have to be submitted not later than one year after the institution gives notification to the student of his or her eligibility. It is a great amendment and therefore I move to concur with House amendments to Senate Bill 639.

SENATOR MIKE JACKSON: Members, Senator Van de Putte moves that the Senate concur to House amendments to Senate bill 639. The secretary will call the roll.

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

SENATOR MIKE JACKSON: There being 30 ayes and zero nays, the motion is adopted.

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

SENATOR MIKE JACKSON: The Chair recognizes Senate Carona for a motion to concur in House amendments to Senate Bill 1431.

SENATOR JOHN CARONA: Thank you, Mr. President. Members, the House amendment was negotiated language between the Texas Department of Insurance and the insurance industry over concerns that arose during the committee hearing. This -- to give you a quick idea, this deals with insurance companies that help maintenance organizations which are both subject to the Texas Insurance Holding Act. The current Texas requirements are substantially similar to model legislation developed by the National Association of Insurance Commissioners and so that's what we're doing here, and I'd like to go ahead based on this nominal change and concur with House amendments to Senate Bill 1431.

SENATOR MIKE JACKSON: Okay. Members, you -- Senate Carona moves that the Senate concur in House amendments to Senate Bill 1431. The secretary will call the roll.

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

SENATOR MIKE JACKSON: There being 30 ayes and zero nays, the motion is adopted. The Chair recognizes Senator West for a motion to concur in House amendments to Senate Bill 260.

SENATOR ROYCE WEST: Thank you very much, Mr. President. Mr. President and members, at this time I move to Senate -- first of all, let me say Senate Bill 260 is an agreed to bill related to child care training that was passed by the Senate in April 21st. After the bill had passed through committee to the House, the Department of Protective Services realized it could apply to before and after the school programs like the YWCA, YMCA and because that was never the intent, the House amendments to fix that. It also brings

(inaudible) to family homes like the one in Houston where the four children died in a fire while the house was unattended within purview of the training also. So, Mr. President, I move to concur in the House amendments to Senate Bill 260.

SENATOR MIKE JACKSON: Senator West moves that the Senate concur in House amendments to Senate Bill 260. The secretary will call the roll.

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

SENATOR MIKE JACKSON: There being 30 ayes and zero nays, the motion is adopted. Senator Eltife is recognized for a motion to suspend the regular order of business on had been 2429 -- I'm sorry 2949. House Bill 2949, Senator Eltife.

SENATOR KEVIN ELTIFE: Thank you, Mr. President and members. I move to suspend the senate's regular order of business to take up and consider House Bill 2949 by Representative Cook. House Bill 2949 transfers the auditing responsibility for the collection improvement program from the comptroller's office to the Office of Court Administration. There's a positive fiscal note because the auditors would focus on state tax collections, and the fiscal note assumes that the Office of Court Administration will hire auditors for its program. I will have an amendment that incorporates Senate Bill 1059 by Senator Nichols which passed the Senate unanimously on May 3rd but has not made it through the. House. Senator Ellis will have a floor amendments that is acceptable to me that will add House Bill 1985 by Representative Turner. House Bill 1985 is supported by Texas Municipal League and several cities individually. Mr. President and members, I move to suspend the Senate's regular order of business.

SENATOR MIKE JACKSON: Senator Eltife moves suspension of the regular order of business to take and consider House Bill 2949. Is there objection? Chair hears none, the rules are suspended. The Chair lays out on second reading House Bill 2949. The secretary will read the caption.

PATSY SPAW: House Bill 2949 relating to the administration of the collection improvement program.

SENATOR MIKE JACKSON: The following amendment. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 1 by Eltife.

SENATOR MIKE JACKSON: The Chair recognizes Senate Eltife on floor amendment No. 1.

SENATOR KEVIN ELTIFE: Thank you, Mr. President. Members, this is the amendment that incorporates Senate Bill 1059 by Senator Nichols into House Bill 2949. Once again Senate Bill 1059 makes the collection improvement program optional for counties. I move adoption of floor amendment No. 1.

SENATOR MIKE JACKSON: Members, Senator Eltife moves adoption of floor amendment No. 1. Is there objection? Chair hears none, the amendment is adopted. The Chair lays out the following amendment. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 2 by Ellis.

SENATOR RODNEY ELLIS: May I be recognized, Mr. President?

SENATOR MIKE JACKSON: Senator, we want to make sure all the amendments get passed out. Senator Ellis is recognized for floor amendment No. 2.

SENATOR RODNEY ELLIS: Thank you, Mr. President. This is the amendment that Senator Eltife made reference to. It is acceptable to him. This is a House Bill, House Bill 1985. It passed the House unanimously on the floor and, members, this amendment is also aimed at making the collection improvement program for court fees more efficient. It does two things: It allows courts to verify payment application information for defendants with an attorney who have reached a deferred disposition deal, usually getting those charges dismissed after taking a defensive driving course because these defendants already have high fee payment rates, and secondly it gives courts 180 days to come back in compliance after an unsatisfactory audit before they begin losing their court fees which happens immediately under current law. Senator Eltife was kind enough to let me offer this. It was a bill that was moving forward and I pulled my bill out of committee and worked with his office to amend it on the floor to avoid passing conflicting bills and I believe it is agreeable to the author.

SENATOR MIKE JACKSON: Chair recognizes Senator Eltife on the amendment.

SENATOR KEVIN ELTIFE: Thank you, Mr. President. It is acceptable.

SENATOR MIKE JACKSON: Members, Senator Eltife sends up committee amendment No. 2 which is acceptable to the author. Senator Ellis sends up --

SENATOR RODNEY ELLIS: We look alike.

SENATOR MIKE JACKSON: Excuse me. Senator Eltife, which is --

SENATOR KEVIN ELTIFE: Salt and pepper.

SENATOR MIKE JACKSON: It is acceptable to Senator Eltife. Is there any objection to the adoption of the amendment? Hearing none, the amendment is adopted.

SENATOR RODNEY ELLIS: Thank you.

SENATOR MIKE JACKSON: Following -- okay. Senator Eltife is recognized for a motion.

SENATOR KEVIN ELTIFE: Thank you, Mr. President. I move passage to third reading.

SENATOR MIKE JACKSON: Members, Senator Eltife moves passage to third reading. Is there any objection? Hearing none, House Bill 2949 is passed to third reading. Now, Senator Eltife is recognized for a motion to suspend the constitutional three they rule.

SENATOR KEVIN ELTIFE: So moved, Mr. President.

SENATOR MIKE JACKSON: Members, you heard the motion. The secretary will call the roll.

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

SENATOR MIKE JACKSON: There being 30 ayes and zero nays, the rule is suspended. The Chair lays out on third reading and final passage House Bill 2949 and recognizes Senator -- The secretary will read the caption.

PATSY SPAW: House Bill 2949 relating to the administration and collection of the improvement program.

SENATOR MIKE JACKSON: Senator Eltife is recognized for a motion.

SENATOR KEVIN ELTIFE: Thank you, Mr. President. I now move final passage of House Bill 2949 as amended.

SENATOR MIKE JACKSON: Members, you heard the motion. The secretary will call the roll.

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

SENATOR MIKE JACKSON: There being 30 ayes and zero nays, House Bill 2949 is passed.

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

SENATOR MIKE JACKSON: Senator Watson is recognized for a motion to suspend the regular order of business on House Bill 1756.

SENATOR KIRK WATSON: Thank you very much, Mr. President. I move to suspend the Senate's regular order of business to take up and consider the Committee Substitute to House bill 1756 relating to the creation of the Pilot Knob municipal utility district No. 2. Members, this is a local bill. This is located entirely in Eastern Travis county and entirely within my current Senate district. It provides authority to impose a tax and issue bonds. I move suspension of the rules.

SENATOR MIKE JACKSON: Senator Watson moves suspension of the regular order of business to take up and consider committee substitute for House Bill 1756. Is there objection? Chair hears none, so ordered. Chair lays out on second reading Committee Substitute for House Bill 1756. The secretary will read the caption.

PATSY SPAW: Committee Substitute for House Bill 1756 relating to the creation of the Pilot Knob municipal utility district No. 2.

SENATOR MIKE JACKSON: Senator Watson is recognized for a motion.

SENATOR KIRK WATSON: Thank you, Mr. President. I move passage of Committee Substitute to House Bill 1756 to third reading.

SENATOR MIKE JACKSON: Senator Watson moves passage to third reading. Is there objection? Chair hears none, so ordered. Senator Watson is recognized for a motion to suspend the constitutional three day rule.

SENATOR KIRK WATSON: So moved.

SENATOR MIKE JACKSON: The secretary will call the roll.

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

SENATOR MIKE JACKSON: There being 30 ayes and zero nays, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute for House Bill 1756. The secretary will read the caption.

PATSY SPAW: Committee Substitute for House Bill 1756 relating to the creation of the Pilot Knob municipality district No. 2.

SENATOR MIKE JACKSON: Senator Watson is now recognized for a motion.

SENATOR KIRK WATSON: Mr. President, I move final passage of Committee Substitute to House Bill 1756.

SENATOR MIKE JACKSON: Senator Watson moves final passage of Committee Substitute for House Bill 1756. The secretary will call the roll.

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

SENATOR MIKE JACKSON: There being 30 ayes and zero nays, the bill is finally passed. Congratulations.

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

SENATOR MIKE JACKSON: Senator Estes is recognized for a motion to suspend the regular order of business on Committee Substitute for House Bill 2810.

SENATOR CRAIG ESTES: Thank you Mr. President and members. Members, House Bill 2810 codifies current comptroller practice regarding the taxation of dairy structures. Some dairies in Texas have shifted from the traditional dairy farm to more efficient systems that use complex structures in place of traditional barns and milking parlors. The increased use of these systems have raised questions to whether the tax exemption for other more traditional items of agricultural is applicable to some of these new structures and features utilized on such dairies. House Bill 2810 uses such questions by clarifying that the tax exemption for agricultural items does include certain types of personal property incorporated into or attached to special purpose dairy structures, and with that explanation, if there's no questions, I move to suspend the constitutional regular order of business and the State's regular order of business at this time to take up Committee Substitute to House Bill 2810.

SENATOR MIKE JACKSON: Senator Estes moves suspension of the regular order of business to take up and consider Committee Substitute for House Bill 2810. Is there objection? Chair hears none, the rules are suspended. The Chair lays out on second reading the Committee Substitute for House Bill 2810. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 2810 relating to an exemption from the sales and use tax for certain tangible personal property.

SENATOR MIKE JACKSON: Senator Estes is recognized for a motion.

SENATOR CRAIG ESTES: Thank you, Mr. President. I awe passage to engrossment.

SENATOR MIKE JACKSON: Members, Senator Estes moves passage to third reading for Committee Substitute for House Bill 2810. Is there objection? Chair hears none, House Bill 2810 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 MIKE JACKSON: Members, you heard the motion. The secretary will call the roll.

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

SENATOR MIKE JACKSON: There being 30 ayes and zero nays, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute for House Bill 2810. The secretary will read the caption.

PATSY SPAW: Committee Substitute for House Bill 2810 relating to the exemption from sales and use tax for certain tangible personal property.

SENATOR MIKE JACKSON: Senator Estes is recognized for a motion.

SENATOR CRAIG ESTES: Mr. President, I move final passage of Committee Substitute to House Bill 2810.

SENATOR MIKE JACKSON: Senator Estes moves final passage of Committee Substitute for House Bill 2810. The secretary will call the roll.

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

SENATOR MIKE JACKSON: There being 30 ayes and zero nays, the bill is finally passed. Senator Lucio is recognized for a motion to suspend the regular order of business on House Bill 675.

SENATOR EDDIE LUCIO: Thank you, Mr. President and members. I'd like to move to suspend the Senate's regular order of business to take up and consider House Bill 677. Members, this bill requires schools to recondition helmets, the first line of defense of protecting football players from possible debilitating injuries is the helmet, it's the players' helmet and this bill does just that. It requires that schools recondition helmets that are ten years old or older every two years as well as to keep records of helmets as age and reconditionings. This information would be available to parents upon request. Finally this bill requires that football helmets be taken off the field after 16 years of use. Members, most school districts do not use helmets older than 16 years. However, while a hot of people in the helmet industry recommend against using a helmet older than ten years old because of how fast technology changes we picked 16 years as the cutoff date precisely so the bill would not be a burden to school districts. The purpose of this bill is to get school districts to start thinking about the age of the helmets they use, to get an official cutoff date in place. We need to start somewhere, and this is the first step in improving the safety for our athletes. I move suspension of the rules, Mr. President.

SENATOR MIKE JACKSON: Thank you. Members, Senator Lucio moves suspension of the regular order of business to take up and consider House Bill 675. Is there objection? Chair hears none, the rules are suspended. The Chair lays out on second reading House Bill 675. The secretary will read the caption.

PATSY SPAW: House Bill 675 relating to football helmet safety requirements in public schools.

SENATOR MIKE JACKSON: Senator Lucio is recognized for a motion.

SENATOR EDDIE LUCIO: I'd like to move this bill to third reading, Mr. President.

SENATOR MIKE JACKSON: Senator Lucio moves passage to third reading on House Bill 675. Is there objection? Chair hears none, the bill is passed to third reading. Senator Lucio is recommended for a motion to suspend the constitutional three day rule.

SENATOR EDDIE LUCIO: Mr. President, I'd like to move that the three day rule be suspended.

SENATOR MIKE JACKSON: The secretary will call the roll.

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

SENATOR MIKE JACKSON: There being 30 ayes and zero nays, the rule is suspended. The Chair lays out on third reading and final passage House Bill 675. The secretary will read the caption.

PATSY SPAW: House Bill 675 relating to football helmet safety requirements in public schools.

SENATOR MIKE JACKSON: Senator Lucio is recognized for a motion.

SENATOR EDDIE LUCIO: Mr. President, I'd like to move final passage of this bill, and it is my son's bill, I'm very proud of the work he's done on this particular issue. I move final passage on House Bill 675.

SENATOR MIKE JACKSON: Senator Lucio moves final passage of House Bill 675. The secretary will call the roll.

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

SENATOR MIKE JACKSON: There being 29 ayes and one nay, the bill is finally passed. Senator Patrick is recognized for a motion to suspend the regular order of business to take up and consider Committee Substitute to House Bill 1619.

SENATOR DAN PATRICK: Thank you, Mr. Chairman and members. This is simply a transparency bill for emergency service districts that requires ESD commissioners to complete six hours of training during a two year period. Allows a carryover of three hours between the two years s, requires EDS boards to adopt a budget before setting a tax rate. Authorizes commissioner courts to remove an ESD commissioner for the same reasons that other county officials can be removed: For incompetency or misconduct, removes the treasury of the board if the board did not file by September the annual audit required by the current law, just bringing them into line and making it transparent to the taxpayers. I move suspension.

SENATOR MIKE JACKSON: Members, Senator Patrick moves suspension of the regular order of business to take up and consider Committee Substitute for House Bill 1619. Is there objection? Chair hears none, the rules are suspended. The Chair lays out on second reading Committee Substitute for House Bill 1619. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 1619 relating to emergency service districts.

SENATOR MIKE JACKSON: Senator Patrick is recognized for a motion.

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

SENATOR MIKE JACKSON: Senator Patrick moves passage to third reading for the Committee Substitute of House Bill 1619. Is there objection? Chair hears none, the Committee Substitute for House Bill 1619 is passed to engrossment. Senator Patrick is recognized for a motion to suspend the constitutional three day rule.

SENATOR DAN PATRICK: So moved, Mr. President.

SENATOR MIKE JACKSON: Members, you heard the motion. The secretary will call the roll.

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

SENATOR MIKE JACKSON: There being 30 ayes and zero nays, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute for House Bill 1619. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 169 relating to emergency service districts.

SENATOR MIKE JACKSON: Senator Patrick is recognized for a motion.

SENATOR DAN PATRICK: Move final passage.

SENATOR MIKE JACKSON: Senator Patrick moves final passage of Committee Substitute for House Bill 1619. The secretary will call the roll.

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

SENATOR MIKE JACKSON: There being 30 ayes and zero nays, the bill is finally passed.

SENATOR DAN PATRICK: Thank you, Mr. President. Thank you, members.

SENATOR MIKE JACKSON: Senator Seliger is recognized for a motion to suspend the regular order of business on me substitute for House Bill 3109.

SENATOR KEL SELIGER: Thank you, Mr. President. I move to suspend the regular order of business to take up and consider the Committee Substitute to House Bill 3109 which is a water bracket bill. Historically the legislature's recognized the importance of the adequate watter supply for residents in Texas and legislations that enabled certain municipalities to make long range plans. The purpose of Committee Substitute to House Bill 3109 is simply to account for the population change of the city of Midland through a recent census count. The city of midland owns 20,229 acres and the water rights under the property in Winkler and Loving counties. This House Bill amends section 31121 of the Texas water code to increase the population amount of a municipality from 100,000 or less to 115,000 or less to continue to meet these demands. I move suspension.

SENATOR MIKE JACKSON: Okay. Senator Seliger moves suspension of the regular order of business to take up and consider the Committee Substitute for House Bill 3109. Is there objection? Chair hears none, the rules are suspended. The Chair lays out on second reading the Committee Substitute for House Bill 3109. The secretary will read the caption.

PATSY SPAW: Committee Substitute House Bill 3109 relating to the rule making power of certain groundwater conservation districts.

SENATOR MIKE JACKSON: Senator Seliger is recognized for a motion.

SENATOR KEL SELIGER: Mr. President, I move passage to third reading of Committee Substitute to House Bill 3109.

SENATOR MIKE JACKSON: Members, Senator Seliger moves passage to third reading for the Committee Substitute for House Bill 3109. Is there objection? Chair hears 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: Mr. President, I move to suspend the constitutional rule that bills be heard on three several days.

SENATOR MIKE JACKSON: The secretary will call the roll.

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

SENATOR MIKE JACKSON: There being 30 ayes and zero nays, the rules are suspended. The Chair lays out on third reading and final passage the Committee Substitute for House Bill 3109. The secretary will read the caption.

PATSY SPAW: Committee Substitute for House Bill 3109 relating to the rule making process for certain groundwater conservation districts.

SENATOR MIKE JACKSON: Senator Seliger is recognized for a motion.

SENATOR KEL SELIGER: Mr. President I move final passage of Committee Substitute to House Bill 3109.

SENATOR MIKE JACKSON: Members, you heard the motion. The secretary will call the roll.

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

SENATOR MIKE JACKSON: There being 30 ayes and zero nays, the bill is finally passed.

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

SENATOR MIKE JACKSON: Senator Birdwell is recognized for a motion to suspend the regular order of business on House Bill 1178.

SENATOR BRIAN BIRDWELL: Thank you, Mr. President. Thank you, members. I move to suspend the Senate's regular order of business to take up and consider House Bill 1178. This bill will amend the law to assign the formal investigative duty to the Texas Work Force Commission for any un-resolved employers issues for members of the Texas military forces who have been called to state active duty. This legislation is reinforcing compliance with the original intent of chapter 431 of the government code enacted in 2003 and this passed unanimously out of the House and unanimously out of the Senate economic committee. There is an amendment from Senator Seliger that will be presented as well, and I move suspension of the regular order of business, Mr. President.

SENATOR MIKE JACKSON: Thank you, Senator. Senator Birdwell moves suspension of the regular order of business to take up and consider House Bill 1178. Is there objection? Chair hears none, the rules are suspended. The Chair lays out on second reading House Bill 1178. The secretary will read the caption.

PATSY SPAW: House Bill 1178 relating to employment protection for members of the military state forces.

SENATOR MIKE JACKSON: The following amendment. Secretary will please read the amendment.

PATSY SPAW: Floor amendment No. 1 by Seliger.

SENATOR MIKE JACKSON: Chair recognizes Senate Seliger on amendment No. 1.

SENATOR KEL SELIGER: Thank you, Mr. President. This amendment requires the Texas Department of Motor Vehicles to issue specialty license plates for female active or former members of the military, the National Guard or the Texas State Guard. This bill would allow women veterans who meet the necessary set of requirements to obtain two sets of license plates at no cost. A registration fee would continue to be collected by the department and replacement of the plates would be $6. This particular amendment has a particular amount of meaning for me because there's a lady from Border, my hometown, by the name of Florene Watson who was a woman ferry pilot during World War II and during that time flew almost every single aircraft in the American arsenal. I move adoption.

SENATOR MIKE JACKSON: Senator Birdwell on the amendment.

SENATOR BRIAN BIRDWELL: The amendment is acceptable, Mr. President. Thank you, Senator Seliger.

SENATOR KEL SELIGER: Thank you, Senator.

SENATOR MIKE JACKSON: Okay. Members, Senator Seliger -- I'm sorry, Senator Zaffirini, for what purpose?

SENATOR JUDITH ZAFFIRINI: I have a question of the author of the amendment.

SENATOR MIKE JACKSON: Senator Seliger, will you yield to Senator Zaffirini?

SENATOR KEL SELIGER: Yes, sir.

SENATOR MIKE JACKSON: The gentleman yields.

SENATOR JUDITH ZAFFIRINI: My question is, Senator Seliger, looking at your amendment on lines eight and nine, the license plates must include the words women veterans in red. Shouldn't it be women veteran or woman veteran?

SENATOR KEL SELIGER: I think either would be grammatically correct.

SENATOR JUDITH ZAFFIRINI: Because say if I'm a woman veteran license plate on my car, would you want my license plate to say women's veterans or woman veterans?

SENATOR KEL SELIGER: Like I said, I think that would be appropriate, but the way it is in the amendment is grammatically correct. But if the Chair will allow we will change that grammatically now, as part of the record if it's acceptable to the Chair.

SENATOR MIKE JACKSON: Okay. Let me make sure we understand, are you wanting to withdraw the amendment to make a modification to the amendment?

SENATOR KEL SELIGER: I wish to withdraw this amendment and immediately bring it up again.

SENATOR MIKE JACKSON: Okay. Members, Senator Seliger wishes to make a technical correction on the amendments before us and that being changing women to woman and the spelling to that. Is there any objection to Senator Seliger technically correcting the language on the amendments that's before us now? Hearing none, so ordered. Is there any objection to the adoption of floor amendment No. 1? Hearing none, the amendment is adopted. The Chair lays out -- the Chair recognizes Senate Birdwell for a motion.

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

SENATOR MIKE JACKSON: Members, Senator Birdwell moves passage to third reading. Is there any objection? Hearing none, we're passed to third reading. Senator Birdwell is recognized for a motion to suspended spend the constitutional rule.

SENATOR BRIAN BIRDWELL: So moved, Mr. President.

SENATOR MIKE JACKSON: Senator Birdwell moves a motion to suspend the constitutional three day rule. The secretary will call the roll.

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

SENATOR MIKE JACKSON: There being 30 ayes and zero nays, the rule is suspended. Now, the Chair lays out on third reading and final passage House Bill 1178. The secretary will read the caption.

PATSY SPAW: House Bill 1178 relating to employment protections for members of the state military forces.

SENATOR MIKE JACKSON: Senator Birdwell is recognized for a motion.

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

SENATOR MIKE JACKSON: Senator Birdwell moves final passage of House Bill 1178. The secretary will call the roll.

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

SENATOR MIKE JACKSON: There being 30 ayes and zero nays, the bill is finally passed. Congratulations.

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

SENATOR MIKE JACKSON: Senator Zaffirini is recognized for a motion to suspend the regular order of business on the Committee Substitute for House Bill 2136.

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 2136 by Representative Guillen. It relates to regional contracted brokers and subcontractors of regional contracted brokers providing Medicaid nonemergency medical transportation services. Members, this is bill that without require the health and human services commission to create rules and establish training requirements to ensure the safe and efficient provision of nonemergency transportation services. I do have a floor amendment that will eliminate ambulances from these requirements because they are already subject to more stringent requirements. Mr. President, I move suspension.

SENATOR MIKE JACKSON: Senator Zaffirini moves suspension of the regular order of business to take up and consider Committee Substitute for House Bill 2136. Is there objection? Chair hears none, the rules are suspended. The Chair lays out on second reading Committee Substitute for House Bill 2136. The secretary will read the caption.

PATSY SPAW: Committee Substitute House Bill 2136 relating to regional contracted brokers and subcontractors of regional contracted brokers providing Medicaid mono-emergency medical transportation services.

SENATOR MIKE JACKSON: The following amendment. Clerk read the amendment.

PATSY SPAW: Floor amendment No. 1 by Zaffirini.

SENATOR MIKE JACKSON: Chair recognizes Senator Zaffirini to explain the amendment.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. Mr. President and members, this is the amendment that I referenced in my opening comments. It excludes ambulances from these training requirements because they are already subject to stricter requirements and there is no reason to lower their standards. Mr. President, I move adoption.

SENATOR MIKE JACKSON: Members, Senator Zaffirini moves adoption of floor amendment No. 1. Is there any objection from any member in hearing none the floor amendment is adopted. Senator Zaffirini is recognized for a motion.

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

SENATOR MIKE JACKSON: Members, Senator Zaffirini moves passage to third reading of the Committee Substitute for House Bill 2136. Is there objection? Chair hears none, House Bill 2136 is passed to third reading. Senator Zaffirini is recognized for a motion to suspend the constitutional three day rule.

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

SENATOR MIKE JACKSON: Members, you heard the motion. The secretary will call the roll.

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

SENATOR MIKE JACKSON: There being 30 ayes and zero nay, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute for House Bill 2136. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 2136 relating to regional contracted brokers and subcontracted regional contracted brokers providing Medicaid nonemergency medical transportation services.

SENATOR MIKE JACKSON: Senator Zaffirini is recognized for a motion.

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

SENATOR MIKE JACKSON: Members, Senator Zaffirini moves final passage of the Committee Substitute for House Bill 2136. The secretary will call the roll.

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

SENATOR MIKE JACKSON: There being 30 ayes and zero nays, the bill is finally passed. Congratulations.

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

SENATOR MIKE JACKSON: Senator Carona is recognized for a motion to suspend the regular order of business on the House Bill 2226.

SENATOR JOHN CARONA: Mr. President, members, I move to suspend the Senate's regular order of business to take up House Bill 2226. The Public Funds Investment Act which regulates the investment of public funds in Texas requires governmental bodies in Texas to adopt investment policies and it provides a detailed listing of authorized investing for public funds. The purpose of this bill is to update the Public Funds Investment Act and it makes the act more reflective of the changes in the investment and securities industries today to increase both transparency and disclosure in the investment of public funds. Move to suspend the Senate's regular order.

SENATOR MIKE JACKSON: Senator Carona moves suspension of the regular order of business to take up and consider House Bill 2226. Is there any objection? Hearing none, the rules are suspended. The Chair lays out on second reading House Bill 2226. The secretary will read the caption.

PATSY SPAW: House Bill 2226 relating to authorized investments for governmental entities.

SENATOR MIKE JACKSON: The following amendment. Secretary please read the amendment.

PATSY SPAW: Floor amendment No. 1 by Carona.

SENATOR MIKE JACKSON: Chair recognizes Senate Carona on floor amendment No. 1.

SENATOR JOHN CARONA: Members, what that amendment did is allow authorized broker dealers to not only process the certificate of deposit but the custodians of service for the certificate of deposit by local government. This amendment also allow local governments to seek the best deal for the purchase and custody of certificate of deposits and could ultimately reduce transaction cost and custody fees charged to these entities. This change has been agreed to by all the parties involved in the bill. I move adoption of floor amendment No. 1.

SENATOR MIKE JACKSON: Senator Carona moves -- oh,Senator West, for what purpose?

SENATOR ROYCE WEST: Just a question.

SENATOR MIKE JACKSON: Okay. Members, we'll just hold on for a second. Members, Senator Carona moves adoption of committee amendment or floor amendment No. 1. Is there objection? Chair hears none, amendment No. 1 is adopted. The following amendment. The secretary will please read the amendment.

PATSY SPAW: Floor amendment No. 2 by Carona.

SENATOR MIKE JACKSON: We're going to make sure, just give it a second until everybody gets their amendments passed out and Senator Carona is recognized on floor amendment No. 2.

SENATOR JOHN CARONA: Thank you, Mr. President and members. This amendment allows the Texas Department of Agriculture to solicit funding for the economic development programs. Right now the Texas Department of Agriculture's economic development funding has been zeroed out in House Bill 1 and this amendment will allow the flexibility to apply and receive a broad array of funds for the agency's economic development responsibilities. I move adoption.

SENATOR MIKE JACKSON: Members, Senator Carona moves adoption of floor amendment No. 2. Is there any objection? Hearing none, floor amendment No. 2 is adopted. Senator Carona is recognized for a motion.

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

SENATOR MIKE JACKSON: Senator Carona moves passage to third reading of House Bill 2226 as amended. Is there objection? Chair hears none, House Bill 2226 is passed to third reading. Senator Carona is recognized for a motion to suspend the constitutional rule.

SENATOR JOHN CARONA: So moved.

SENATOR MIKE JACKSON: Members, Senator Carona moves that the constitutional rule that bills be heard on three several days be suspended. Secretary please 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 MIKE JACKSON: There being 30 ayes and zero nays, the rule is suspended. The Chair lays out on third reading and final passage House Bill 2226 as amended. The secretary will read the caption.

PATSY SPAW: House Bill 2226 relating to authorized investments for governmental entities.

SENATOR MIKE JACKSON: Senator Carona is recognized for a motion.

SENATOR JOHN CARONA: I move final passage.

SENATOR MIKE JACKSON: Senator Carona moves final passage of House Bill 2226 as amended. The secretary will call the roll.

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

SENATOR MIKE JACKSON: There being 30 ayes and zero nays, the bill is finally passed. Senator Hegar is recognized for a motion to suspend the regular order of business on houses bill 2902.

SENATOR GLENN HEGAR: Thank you, Mr. President and members. This is a local bill in Fort Bend county that deals with subdivision community just past Fuller, between Fuller and io monoton and Westen Lakes. This is a bill that we've been working on quite a long time, between Representative Zerwas and myself trying to contain the actual ETJ parameters out of the community of Westen Lakes purely to the affected community and this is a local fight. And so therefore I would ask that we suspend the Senate's regular order of business to take up and consider House Bill 2902.

SENATOR MIKE JACKSON: Members, you've heard the motion by Senator Hegar. Is there objection? Chair hears none, the rules are suspended. The Chair lays out on second reading House Bill 2902. The secretary will read the caption.

PATSY SPAW: House Bill 2902 relating to the extra territorial district of certain municipalities.

SENATOR MIKE JACKSON: Senator Hegar is recognized for a motion.

SENATOR GLENN HEGAR: Mr. President, I move passage to third reading for House Bill 2902.

SENATOR MIKE JACKSON: Senator Hegar moves passage to third reading of House Bill 2902. Is there objection? Chair hears none, the bill is passed to engrossment. Senator Hegar is recognized for a motion to suspend the constitutional three day rule.

SENATOR GLENN HEGAR: So moved.

SENATOR MIKE JACKSON: Members, you heard the motion. The secretary will call the roll.

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

SENATOR MIKE JACKSON: There being 30 ayes and zero nays, the rule is suspended. The Chair lays out on third reading and final passage House Bill 2902. The secretary will read the caption.

PATSY SPAW: House Bill 2902 relating to the extraterritorial jurisdiction of certain municipalities.

SENATOR MIKE JACKSON: Senator Hegar is recognized for a motion --

SENATOR GLENN HEGAR: Thank you, Mr. President. I move final passage of House Bill 2902.

SENATOR MIKE JACKSON: Members, you've heard the motion. The secretary will call the roll.

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

SENATOR MIKE JACKSON: There being 30 ayes and zero nays, the bill is finally passed. Senator Watson is recognized for a motion to suspend the regular order of business on Committee Substitute for House Bill 1757.

SENATOR KIRK WATSON: Thank you, Mr. President, members. I move to suspend the Senate's regular order of business to take up and consider the Committee Substitute to House Bill 1757 relating to the creation of Pilot Knob municipality district No. 1. This is a companion to what we just passed on Pilot Knob municipal district No. 2. It will provide authority to impose a tax and new bonds. I move suspension of the rules.

SENATOR MIKE JACKSON: Senator Watson moves suspension of the regular order of business to take up and consider Committee Substitute for House Bill 1757. Is there objection? Chair hears none, the rules are suspended. The Chair lays out on second reading Committee Substitute for House Bill 1757. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 1757 relating to the creation of the Pilot Knob municipality district No. 1.

SENATOR MIKE JACKSON: Senator Watson is recognized for a motion.

SENATOR KIRK WATSON: I move final of Committee Substitute to House Bill 1757 to third reading.

SENATOR MIKE JACKSON: Members, you heard the motion. Is there objection? Chair hears none, the bill is passed to engrossment. Senator Watson is recognize for a motion to suspend the constitutional three day rule.

SENATOR KIRK WATSON: So moved.

SENATOR MIKE JACKSON: Members, you heard the motion. The secretary will call the roll.

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

SENATOR MIKE JACKSON: There being 30 ayes and zero nays, the rules are suspended. The Chair lays out on third reading and final passage Committee Substitute for House Bill 1757. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 1757 relating to the creation of the Pilot Knob municipality district No. 1.

SENATOR MIKE JACKSON: Senator Watson is recognized for a motion.

SENATOR KIRK WATSON: Mr. President, I move final passage of Committee Substitute to House Bill 1757.

SENATOR MIKE JACKSON: Members, Senator Watson moves final passage of the Committee Substitute for hogs bill 1757. The secretary will call the roll.

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

SENATOR MIKE JACKSON: There being 30 ayes and zero nays, the bill is finally passed.

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

SENATOR MIKE JACKSON: Senator Fraser thanks you. Senator Rodriguez is recognized for a motion to suspend the regular order of business on House Bill 336.

SENATOR JOSE RODRIGUEZ: Thank you, Mr. President and members. House Bill 336 amends the election code to require school districts and cities of 500,000 or more to post a campaign finance reports of school board candidates online. Today large city school boards that were formerly small and intimate processes have become significantly larger and more expensive. Accordingly the need for transparency and recording is increased. Mr. President and members, House Bill 336 as engrossed requires school districts and municipalities of more than 500,000 plus the campaign finance reports of school board candidates online. These reports are always supposed to be available to the public. However, people should not have to jump through hoops and make public information requests in order to access the reports. Posting these reports online is a straight forward move that will bring the reporting requirements in large cities to the standards of election candidates for elections that were filed in the Texas Ethics Commission. This bill -- many school districts including Houston ISD, Dallas and Fort Worth and El Paso, some of those districts already have this requirement. This is a bill supported by a number of organizations, the Texas Association of Broadcasters, Public Citizens Freedom Information of Texas, Classroom Teachers Association. 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 336.

SENATOR MIKE JACKSON: Members, you've heard the motion. Is there an objection? Hearing none, the rules are suspended. The Chair lays out on second reading House Bill 336. The secretary will read the caption.

PATSY SPAW: House Bill 336 relating to filing and posting on the internet reports of political contributions and expenditures required in connection with the office of board of trustees of a Senate.

SENATOR MIKE JACKSON: The following amendment. Will the secretary please read the amendment.

PATSY SPAW: Floor amendment No. 1 by Deuell.

SENATOR MIKE JACKSON: Chair recognizes Senate Deuell on floor amendment No. 1.

SENATOR BOB DEUELL: Thank you, Mr. President and members. This bill limits the amendment to school districts with more than 15,000 students and cities greater than 500,000. This limits the scope of the bill to school districts with more expensive campaigns and those that have the resources and online presence to comply with the cost. With this amendment the bill will affect 30 school districts out of the over 100,000 that we have in the state.

SENATOR MIKE JACKSON: Senator Rodriguez on the Deuell amendment.

SENATOR JOSE RODRIGUEZ: The amendment is acceptable.

SENATOR MIKE JACKSON: Okay. Members, Senator Deuell sends up floor amendment No. 1. It's acceptable to the author Senator Rodriguez. Is there any objection to the adoption of floor amendment No. 1? Hearing none, the amendment is adopted. Senator Rodriguez is recognized for a motion.

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

SENATOR MIKE JACKSON: Senator Rodriguez moves passage to third reading for House Bill 336 as amended. Is there objection? Chair hears none, it's passed to third reading. Senator Rodriguez is 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 MIKE JACKSON: The secretary will call the roll.

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

SENATOR MIKE JACKSON: There being 29 ayes and one nay, the rule is suspended. The Chair lays out on third reading and final passage House Bill 336 as amended. The secretary will read the caption.

PATSY SPAW: House Bill 336 relating to the filing and posting on the internet of certain reports of political contributions and expenditures.

SENATOR MIKE JACKSON: Senator Rodriguez is recognized for a motion.

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

SENATOR MIKE JACKSON: Senator Rodriguez moves final passage of House Bill 336 as amended. Will the secretary please 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 MIKE JACKSON: There being 29 ayes and one nay, the bill is finally passed. Congratulations, Senator.

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

SENATOR MIKE JACKSON: Senator Estes is recognized on a motion to suspend the regular order of business on House Bill 2560.

SENATOR CRAIG ESTES: Thank you, Mr. President and members. Members, in 2007 we the legislature passed Senate Bill 322 by Senator Deuell which prevented the Department of Family and Protective Services from prohibiting foster parents to lawfully possess firearms and ammunition in their homes. This bill, House Bill 2560, the goal of it is to bring the Department of Family and Protective Services in line with Senate Bill 322, Senate Deuell's bill, and it simply does this. It allows foster parents who are licensed to carry concealed handguns to have handguns in their cars while transporting foster children so long as the handguns are in the foster parent's possession and control. And so if there is no other questions, at this time I move to suspend the Senate's regular order of business to take pup consider House Bill 2560.

SENATOR MIKE JACKSON: Members, you heard the motion by Senator Estes. Is there any objection? Senator West, for what purpose? Okay. There is objection. Clerk, please call the roll. Hold on. Senator Uresti, did you wish -- for what purpose?

SENATOR CARLOS URESTI: Will the gentleman yield for a question?

SENATOR CRAIG ESTES: I yield.

SENATOR MIKE JACKSON: He yields.

SENATOR CARLOS URESTI: Thank you, Senator Estes. I just -- there's a lot going on this morning and I'm sorry I didn't rise earlier. I just wanted to get a little more explanation on what your bill does, if you don't mind.

SENATOR CRAIG ESTES: Absolutely, Senator. The bill allows those foster parents that are licensed by the state to carry concealed guns to carry them on their person when they are in a car. Now, it did not mean that they would have it in the glove compartment on their car, it would be on their person and it's the -- builds upon mas I said Senate Bill 322 in 07, Senator Deuell's bill that would allow them to have their guns and ammunition in their home.

SENATOR CARLOS URESTI: What committee did this go through, Senator Estes?

SENATOR CRAIG ESTES: Came through criminal justice committee, Senator.

SENATOR CARLOS URESTI: Were there any objections to this bill?

SENATOR CRAIG ESTES: No, sir, I don't believe there were.

SENATOR CARLOS URESTI: And is the department -- do they have any, 0I know they couldn't speak for or against but did they have any concerns about the bill?

SENATOR CRAIG ESTES: They did not testify in the Senate hearing, they testified in the House.

SENATOR CARLOS URESTI: I'm sorry, again, please.

SENATOR CRAIG ESTES: I'm advised they testified in the House but did not testify in the hearing.

SENATOR CARLOS URESTI: Is there a -- is there an age limit with regard to the foster children that this applies to or does any foster parent --

SENATOR CRAIG ESTES: No, I'm advised there's not.

SENATOR CARLOS URESTI: And my concern is just generally that as you know you have a foster child could be three, or four years old, has been uprooted from his or her family, his or her settings, and all of a sudden there's a new foster parent and there's some wonderful foster parents out there, that's not my point, but nonetheless it's a new parent, a new foster parent and that in and of itself is to be traumatizing or concerning to the child and then that foster parent has a gun on his or her possession. And as you know, Senator Estes kids are intrigued by weapons, they're intrigued by weapons, especially boys. And so my concern is what effect or negative effect that may have on that foster child.

SENATOR CRAIG ESTES: Well, and I think that's a valid concern. I would -- first of all, concealed means concealed, and we would hope they would use good judgment in concealing their weapon and secondly as in the bill it's stated that it is on their person not in their car, so to speak. So I think, Senator, it's just a logical extension of what we passed two sessions ago, and my firm conviction is that that foster child would be much safer with a responsible foster parent that's licensed to carry.

SENATOR CARLOS URESTI: And can you refresh my memory what we passed two sessions ago, please. You said it's a logical extension of what we passed two sessions ago.

SENATOR CRAIG ESTES: Yes, sir. It was Senate Bill 322 by Senator Deuell and it was in '07 and it basically said that foster parents may lawfully possess firearms and ammunition in their home if they are licensed to be a concealed carrier.

SENATOR CARLOS URESTI: And let me go back to your statement a minute ago about it has to be a concealed, it has to be concealed, I don't know that that's exactly correct. From what I read here, it states that the bill would prohibit the Department of Family and Protective Services from prohibiting the foster parent of the a child who resides in the foster family's home from transporting a child in a vehicle where a handgun is present if the handgun is in the possession and in control of the foster parent and the foster parent is licensed to carry. But I don't see that it has to be concealed. Could that also be interpreted meaning that the gun could be in the vehicle?

SENATOR CRAIG ESTES: Well, Senator, what I'm looking at here in the -- it's the human resource code for the Department of Human Services and I can show you this. It says, the department may not prohibit position of lawfully prohibited firearms and ammunition in a foster home of any type including foster group home, foster homes, fostering agency, foster group home or an agency foster home. Minimum standards may be adopted under this section relating to safety and proper storage of firearms and ammunition including standards requiring firearms and ammunition be stored separately in locked locations. So that's what Deuell's bill did two sessions ago.

SENATOR CARLOS URESTI: So I don't see in there again where it has to be a concealed weapon. They have to have a license to carry -- a license to carry but from what I read here, Senator Estes, the weapon itself did not have to be concealed. And so one of my concerns is -- and, members, I hope you're listening, because this is important, these foster kids have been through a lot already and some of them, in fact, may come from an environment of family violence of domestic violence and may have been witness -- a witness to that violence where a weapon was used. So I just believe that we have to handle these children with kid gloves. They're already again been traumatized just by the mere fact that they've been pulled out of their homes and to put them in a home, a new home, it's a new environment where that individual has a weapon concealed with the fact that perhaps that child is coming from a situation where they've witnessed that and they've witnessed violence and domestic violence, etc., I just don't know that we should b e putting these children in that environment. Do you understand that point?

SENATOR CRAIG ESTES: I understand your concern, Senator. I would say that in the state a license to carry a firearm is a license to carry a concealed firearm, and I would stress that these licensees that are foster parents would use good discretion and understand the sensitivities and but not yet inhibit their right to either have firearms in their home or firearms on their person.

SENATOR CARLOS URESTI: Do you agree with me, Senator Estes, that the bill did not say that the weapon did not have to be concealed, that they can carry the weapon in their vehicle?

SENATOR CRAIG ESTES: What my bill says is that --

SENATOR CARLOS URESTI: If I'm wrong, please correct me but I think that's what the bill does.

SENATOR CRAIG ESTES: Says that handguns have to be in their possession and their control and from my legislative intent that is on their person but not in their car.

SENATOR CARLOS URESTI: And that may be your intent but I don't think that's what the bill does and that's my concern, that it allows the individual, the foster parent to have the weapon in their vehicle and that could mean on the dash board, in the glove compartment, on the side of his seat.

SENATOR CRAIG ESTES: I would disagree with you, a weapon on the dash board would be unconcealed and that would be illegal as a licensed carrier.

SENATOR CARLOS URESTI: Well, I think the -- what the bill does state if you have a license to carry a concealed weapon, and you're a foster parent, then you can have a gun in your vehicle so long as it's in your possession or control. But possession or control doesn't necessarily mean only on your person, it can mean the side of your seat, in the glove compartment, within arm's reach, that's what possession and control means or can be defined as, so it doesn't mean only on your person.

SENATOR CRAIG ESTES: Senator, I think that basically my interpretation of that wording is to be on their person, would be in their control and if you'd like, we'll look at this, pull it down a little bit, maybe you want to offer some improvements on this. My intent was to make sure that it is in their control and now whether that control means on their person or in their glove box is probably where we're disagreeing a little bit and I'd be happy to work with you on it.

SENATOR CARLOS URESTI: I understand where you're trying go, Senator Estes, I just want to be clear because there's many case law that defines possession or control and it doesn't necessarily mean it has to be on your person. So I would appreciate working with you on just trying to if we can narrow that definition and clarify it that would be --

SENATOR CRAIG ESTES: Happy to do that, Senator. Mr. President, I move to temporarily pull down House Bill 2560. Mr. President.

SENATOR MIKE JACKSON: Senator Estes moves to temporarily pull down House Bill 2560. Senator Estes withdraws House Bill 2560 from consideration. Is there any objection?

SENATOR CRAIG ESTES: Thank you, Mr. President.

SENATOR KEVIN ELTIFE: Senator Carona, you're recognized for a motion to suspend the regular order of business on Committee Substitute to House Bill 2490.

SENATOR JOHN CARONA: Mr. President, members, currently there's very little regulation or inspection of secondhand precious metals and I am referring really to the gold and silver dealers. Just a few days ago, Senator Harris passed a very good and very comprehensive bill. So what my intention is, if we suspend on this bill, is to strike everything in it other than registration. The requirement of registration by these dealers -- well, almost. But everything else in it, I would want to yield to what Senator Harris has already done because I think this bill is very effective. With that I move to suspend the Senate's regular order of business.

SENATOR KEVIN ELTIFE: Senator Carona moves suspension of the regular order of business to take up and consider Committee Substitute to House Bill 2490. Is there objection? Chair hears none, rules are suspended. The Chair lays out on second reading Committee Substitute to House Bill 2490. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 2490 relating to the regulation of crafted precious metals dealers.

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

PATSY SPAW: Floor amendment No. 1 by Carona.

SENATOR KEVIN ELTIFE: Senator Carona to explain the amendment.

SENATOR JOHN CARONA: Yes, members, the amendment removes everything in the bill and simply sets up a registration system for crafted precious metals dealers that allows law enforcement the information necessary to follow up on leads while alleviating the extra burden of licensing. This fits in perfectly with what Senator Harris has just passed a couple of days ago in that his bill had the details of enforcement and oversight of this industry would occur. So this works for law enforcement and in no way conflicts with him. I move adoption of floor amendment No. 1.

SENATOR KEVIN ELTIFE: Senator Carona moves adoption of floor amendment No. 1. Is there objection? Chair hears none, nor amendment No. 1 is adopted. Senator Carona, you're recognized for a motion.

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

SENATOR KEVIN ELTIFE: Senator Carona now moves passage to third reading. Is there objection? Chair hears none, House Bill 2490 is passed to third reading. Senator Carona, you're recognized for a motion to suspend the constitutional three day rule.

SENATOR JOHN CARONA: So moved.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: Twenty-eight ayes, nays, the rule is suspended. The Chair lays out on third reading and final passage House Bill 2490. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 2490 relating to regulation of hand crafted precious medal dealers.

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

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

SENATOR KEVIN ELTIFE: Senator Carona now moves final passage of Committee Substitute to House Bill 2490 as amended. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: Twenty-eight ayes, three nays, Committee Substitute to House Bill 2490 is finally passed. Congratulations, Senator Carona. Senator Patrick, you ready on 2779? Senator Patrick, you're recognized for a motion to suspend the regular order of business to take up and consider House Bill 2779.

SENATOR DAN PATRICK: Thank you, Mr. President. Members, this bill is close to home. I have a member of my district who was not allowed to fly an American flag. This bill simply allows homeowners to fly a military flag or a flag of the United States or Texas. I move passage of House Bill 2779.

SENATOR KEVIN ELTIFE: Senator Patrick moves suspension of the regular order of business to take and consider me constitute to House Bill 2779. Is there objection? Chair hears none, the rules are suspended. The Chair lays out on second reading Committee Substitute to House Bill 2779. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 2779 relating to provisions in the designatory instruments in the property owner's association regarding display of flags.

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

SENATOR DAN PATRICK: Move to engrossment.

SENATOR KEVIN ELTIFE: Senator Patrick now moves passage to third reading. Is there objection? Chair hears none, Committee Substitute to House Bill 2779 is passed to third reading. Senator Patrick, you're recognized for a motion to suspend the constitutional three day rule.

SENATOR DAN PATRICK: So moved.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: Thirty ayes, zero nays, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to House Bill 2779. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 2779 relating to provision and the designatory instruments of property owners and associations regarding display of flags.

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

SENATOR DAN PATRICK: I move to suspend the regular order of business -- move final passage.

SENATOR KEVIN ELTIFE: Senator Patrick moves final passage of Committee Substitute to House Bill 2779. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: Thirty ayes, zero mays, Committee Substitute to House Bill 2779 is finally passed.

SENATOR DAN PATRICK: Thank you, Mr. President, thank you members.

SENATOR KEVIN ELTIFE: Senator Shapiro is recognized for a motion to suspend the regular order of business on House bilge 2380.

SENATOR FLORENCE SHAPIRO: Thank you, Mr. President and members. House Bill 2380 is actually about amending the education code so that school districts can place an individual who is assigned to a new professional capacity on a probationary contract. Current law says that when an employee on a continuing or term contract is reassigned to a new professional capacity within a district that person continues their employment on a continuing or term contract. This bill did not guarantee that but that they will perform in a different capacity. So what this House Bill did is it places those in a school district who are reassigned to an entirely new role onto a probationary contract. This bill did not address a transition from one teaching position to another. It is a change that changes the classification of the individual, for instance, from teacher to principal or principal to superintendent, this allows school districts to be flexible to keep the best people serving in key educational roles. I move to suspend the Senate's regular order of business.

SENATOR KEVIN ELTIFE: Senator West, for what purpose?

SENATOR ROYCE WEST: Question of the author.

SENATOR KEVIN ELTIFE: Senator Shapiro yield?

SENATOR FLORENCE SHAPIRO: I will, but I am the sponsor.

SENATOR ROYCE WEST: Oh, sponsor. Now, Senator, this is going to allow school districts to bring back -- well, as I understand it, if you have a teacher that does not have an accreditation in a particular area.

SENATOR FLORENCE SHAPIRO: Has nothing to do with that. This is only when a teacher goes into a completely different role. This has nothing to do with their certification. This has everything to do with their change in their job description, like a teacher to a principal, a principal to a superintendent or a dramatic change in their role, not in their status as fit or unfit.

SENATOR ROYCE WEST: So you may have a teacher that's on a term contract that changes roles?

SENATOR FLORENCE SHAPIRO: Correct.

SENATOR ROYCE WEST: And then they're placed on a probationary contract?

SENATOR FLORENCE SHAPIRO: For one year to make sure they're new job description, their new role as a principal, they have this one year to be able to watch them in that role and make sure they are appropriately matched in this new role.

SENATOR ROYCE WEST: As I understand, and correct me if I'm wrong on this. So you have a teacher that's on a term contract and that person becomes a principal.

SENATOR FLORENCE SHAPIRO: Correct. They under law stay on a term contract. What we're asking is for one year that they have a probationary contract to make sure this transfer of job description, transfer of role is a good fit.

SENATOR ROYCE WEST: Okay. So -- as a principal, as example, a term contract and then becomes a principal, you're saying that this gives the districts an opportunity to give them a -- give them a probationary contract --

SENATOR FLORENCE SHAPIRO: For one year.

SENATOR ROYCE WEST: As a principal.

SENATOR FLORENCE SHAPIRO: Correct.

SENATOR ROYCE WEST: And then turn around and for some reason they can't function effectively in that principal's role or whatever the new role is and then that year passes and they're terminated from that position, do they go back to the term or do they los that status?

SENATOR FLORENCE SHAPIRO: I am assuming that what we do here when they say returned, it's actually on line 21, it says a person described in a section who is returned to a previous professional capacity is entitled to be employed in the original professional capacity. Your answer is yes.

SENATOR ROYCE WEST: All right. Thank you.

SENATOR FLORENCE SHAPIRO: You're welcome.

SENATOR KEVIN ELTIFE: Thank you, Senator West. Senator Shapiro moves suspension of the regular order of business to take up and consider House Bill 23806789 Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading House Bill 2380. The secretary will read the caption.

PATSY SPAW: House Bill 2380 relating to employment by school districts of certain persons under probationary contracts.

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

PATSY SPAW: Floor amendment number one by Shapiro.

SENATOR KEVIN ELTIFE: Senator Shapiro to explain the amendment.

SENATOR FLORENCE SHAPIRO: Thank you very much Mrm. President and members. This is an amendment that adds a provisional certificate language from Senate Bill 4 that we passed out of the Senate with a -- not a point of major contentions for the bill. The amendment creates a new three year provisional certificate for beginning teachers which ensures prospective effectiveness. Research shows that teachers will make significant gains in their effectiveness in the first three years in the classroom, and therefore I move adoption of floor amendment No. 1.

SENATOR KEVIN ELTIFE: Members, Senator Shapiro moves adoption of floor amount number one. Is there objection? Chair hears none, floor amendment No. 11 adopted. Senator Shapiro you're recognized for a motion.

SENATOR FLORENCE SHAPIRO: Thank you Mr. President and members. I move passage to third reading.

SENATOR KEVIN ELTIFE: Senator Shapiro moves passage to third reading. Is there objection? Chair hears none, House Bill 2380 as amended is passed to third reading. Senator Shapiro you're recognized for a motion to suspend the constitutional three day rule.

SENATOR FLORENCE SHAPIRO: So moved.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: Thirty ayes, zero nays, the rule is suspended. The Chair lays out on third reading and final passage House Bill 2308. The secretary will read the caption.

PATSY SPAW: House Bill 2380 relating to employment by school districts of certain persons under probationary contracts.

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

SENATOR FLORENCE SHAPIRO: Thank you Mr. President and members. I move final passage of House Bill 2380 as amended.

SENATOR KEVIN ELTIFE: Senator Shapiro moves final passage of House Bill 2380 as amended. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 30 ayes, zero nays, House Bill 2380 is finally passed. Congratulations Senator Shapiro.

SENATOR FLORENCE SHAPIRO: Thank you Mr. President and members.

SENATOR KEVIN ELTIFE: Meshes, if we could have your attention just for a minute. We're going to work until 1:00 and at 1:00 we're going to take a 45 minute break for members and staff to get a break and have lunch. So we're going to work until 1:00 and then take a break at 1:00 for 45 minutes. Thank you members. Senator Hinojosa, you're recognized for a motion to suspend the regular order of business on Committee Substitute to House Bill 1732.

SENATOR JUAN HINOJOSA: Thank you Mr. President and members. I move to suspend the regular order of business to take up and consider Committee Substitute House Bill 1732. This bill contains the same language. It already passed the Senate on Senate Bill 660 the water development board sunset bill. Which passed the Senate 30 to one. I worked with the attorney general's office and water development board staff to clarify this language. This is a sunset recommendation. What the bill did it codifies the current practice followed by the water development board and the bond review board when bonds are issued. This process is required by the bond market, without it bonds could not be sold and it clarifies that bonds that have not been issued, do not count toward the debt limit, for the simple reason that those bonds are self-supporting bonds. We don't appropriate any debt to service those bonds as compared to bonds where we have to appropriate GR, general revenue to service the debt and with that I move suspension.

SENATOR KEVIN ELTIFE: Senator Hinojosa moves suspension of the regular order of business to take up and consider Committee Substitute to House Bill 1732. Is there objection? Chair hears none, rule is suspended. The Chair lays out on second reading Committee Substitute to House Bill 1732. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 1732 relating to applicability of the constitutional limit on the state debt payable to general revenue bonds.

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

PATSY SPAW: Floor amendment number one by Hinojosa.

SENATOR KEVIN ELTIFE: Senator Hinojosa to explain the amendment.

SENATOR JUAN HINOJOSA: Thank you Mr. President and members. What this amendment does it excerpts language of the water development board to be more thorough in evaluating projects. The water development board currently prioritizes projects based on conclusion factors. This amendment adds to the inclusiveness of priority factors which include implementation date, the need for water supply investment, per capita of water supply need and the applicability to finance the project. And I move adoption.

SENATOR KEVIN ELTIFE: Members, Senator Hinojosa moves adoption of floor amendment No. 1. Is there objection? Chair hears none, floor amendment number one is adopted. Following amendment. Secretary please read the amendment.

PATSY SPAW: Floor amendment No. 2 by Seliger.

SENATOR KEVIN ELTIFE: Senator Seliger to explain the amendment.

SENATOR RODNEY ELLIS: Thank you Mr. President. What this amendment did is ensures that the water infrastructure survey is completed before projects are eligible to receive funding from the water plan.

SENATOR KEVIN ELTIFE: Senator Hinojosa on floor amendment No. 2 by Seliger.

SENATOR JUAN HINOJOSA: Members this is just a survey and it's acceptable to the author.

SENATOR KEVIN ELTIFE: Senator Seliger moves adoption of floor am No. 2. It is acceptable to Hinojosa. Is there objection? Chair hears none, floor amendment No. 2 is adopted. Senator Hinojosa you're recognized for a motion.

SENATOR JUAN HINOJOSA: Mr. President and members I move passage to third reading.

SENATOR KEVIN ELTIFE: Senator Hinojosa moves passage to third reading. Is there objection? Chair hears none, Committee Substitute House Bill 1732 as amended is passed to third reading. Senator Hinojosa is recognized for a motion to suspend the constitutional three day rule.

SENATOR JUAN HINOJOSA: I so move.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, the rule is suspended. Chair lays out on third reading and final passage Committee Substitute House Bill 1732. The secretary will read the caption.

PATSY SPAW: Committee Substitute House Bill 1732 relating to the applicability of constitutional limit on certain state debt.

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

SENATOR JUAN HINOJOSA: Mr. President and members I move that the Committee Substitute to House Bill 1732 as amended be passed to final passage.

SENATOR KEVIN ELTIFE: Senator Hinojosa moves final passage of Committee Substitute to House Bill 1732 as amended. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 30 ayes, zero nays, Committee Substitute to House Bill 1732 is finally passed. Congratulations Senator Hinojosa.

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

SENATOR KEVIN ELTIFE: Senator Jackson is recognized for a motion to suspend the regular order of business House Bill 1010.

SENATOR MIKE JACKSON: Thank you, Mr. President. House Bill 1010 authorizes a municipality meeting certain criteria to train police officers to become certified to pull off large commercial trucks for no reason whatsoever and the bill applies to the cities of Angleton and Hillsborough and if there's no questions I would move to suspend the Senate's regular order of business and every rule in the book to take up and consider House Bill 1010.

SENATOR KEVIN ELTIFE: Senator Jackson moves suspension of the regular order of business to take up and consider House Bill 1010. Is there objection? Chair hears none, the recall suspended. The Chair lays out on second reading House Bill 1010. The secretary will read the caption.

PATSY SPAW: House Bill 1010 relating to enforcement of certain motor vehicles safety standards.

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

SENATOR MIKE JACKSON: Thank you Mr. President I move passage to third reading for House Bill 1010.

SENATOR KEVIN ELTIFE: Senator West, for what purpose?

SENATOR ROYCE WEST: I want to find out what this bill does. I know it applies to certain municipalities, but could you give us some idea what the bill does?

SENATOR MIKE JACKSON: Yes, Senator West, we have had several of these bills over the past years and what they do is pick up certain size cities that allow that city 0which larger cities have always had the ability to do, to send some of their peace officers their policemen to a DPS training school and they train them on issues of highway safety for heavy truck traffic. And in turn, once these people, police officers are certified, the police department starts pulling off these heavy highway trucks that are hauling from A to Z from petro chemicals to lumber to equipment to whatever it may be and they can pull them over really without any kind of a violation of a traffic citation violation and they -- I've seen them take scales out and check the weight limit on the truck to make sure they're not overweight. They check for things to see if the loads are properly fastened. You know, there's rules on how many sources on the truck the load has to be tied down to and how frequently.

SENATOR ROYCE WEST: Okay. Thank you very much.

SENATOR MIKE JACKSON: I've seen them measure the distance between the chains and the straps and if they're in violation, they cite them and that's what it does.

SENATOR ROYCE WEST: All right. Thank you very much.

SENATOR MIKE JACKSON: And this particular bill, the way it's crafted applies only to the city of Angleton which is in my district and the city of Hillsboro, and I would move passage to third reading Mr. President.

SENATOR KEVIN ELTIFE: Thank you, Senator West. Senator Jackson now moves final passage to third reading. Is there objection? Chair hears none, House Bill 1010 is passed to third reading. Senator Jackson you're recognized for a motion to suspend the constitutional three day rule.

SENATOR MIKE JACKSON: So moved.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 30 ayes, zero nays, the rule is suspended. The Chair lays out on third reading and final passage House Bill 1010. The secretary will read the caption.

PATSY SPAW: House Bill 1010 relating to the enforcement of motor vehicle safety standards and certain municipalities.

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

SENATOR MIKE JACKSON: Thank you Mr. President. I move final passage of House Bill 1010.

SENATOR KEVIN ELTIFE: Senator Jackson moves final passage of House Bill 1010. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 30 ayes, zero nays, House Bill 1010 is finally passed. Congratulations Senate Jackson. Senator Williams is recognized for a motion to suspend the regular order of business House Bill 1353.

SENATOR TOMMY WILLIAMS: Thank you Mr. President and members. Currently the Texas Transportation Commission conducts engineering and traffic investigations before raising the speed limit on a stretch of road. The commission already has the authority to set the speed limit of 75 miles an hour in the day in a county with a population density of less than 15 persons per square mile which includes over 100 counties in Texas. Currently we have just shy about 1500 miles of highway with a speed limit of 75 miles an hour and 521 miles with an 80-mile an hour speed limit on Interstate 10 and Interstate 20 which is in specific counties. This bill extends the authority to increase the speed limit to 75 miles an hour in the remaining counties after the commission determines that 75-miles an hour is a reasonable and safe on those qualified roads which would be outside an urban district and it would also eliminate nighttime speed limits as headlight technologies improve that there's no need for a lower speed limit texas is the only state in the country who has different daytime and nighttime speed limits. With that explanation, Mr. President, I would move to suspend the Senate's regular order of business to take up and consider House Bill 1353.

SENATOR KEVIN ELTIFE: Senator Williams moves suspension of the regular order of business to take up and consider House Bill 1353. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading House Bill 1353. The secretary will read the caption.

PATSY SPAW: House Bill 1353 relating to speed limits.

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

SENATOR TOMMY WILLIAMS: I move passage to third reading.

SENATOR KEVIN ELTIFE: Senator Williams now moves passage to third reading. Is there objection? Chair hears none, House Bill 1353 is passed to third reading. Senator Williams you're recognized for a motion to suspend the constitutional three they rule.

SENATOR TOMMY WILLIAMS: So moved.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 30 ayes, zero nays, rule is suspended. The Chair lays out on third reading and final passage House Bill 1353. The secretary will read the caption.

PATSY SPAW: House Bill 1353 relating to speed limits.

SENATOR KEVIN ELTIFE: Senator Williams recognized for a motion.

SENATOR TOMMY WILLIAMS: I move final passage.

SENATOR KEVIN ELTIFE: Senator Williams pow moves final passage of House Bill be 1353. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 30 ayes, zero nays, House Bill 1353 is finally passed. Congratulations Senate Williams.

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

SENATOR KEVIN ELTIFE: Senator Seliger is recognized for a motion to suspend the regular order of business on House Bill 3111.

SENATOR KEL SELIGER: Thank you Mr. President. I move to suspend the regular order of business to take up and consider at this time House Bill 3111 relating to fees and finance caps on improvement in certain municipalities bracketed to Midland, Texas. The bill is to recount population change in the and I of mid land because its out tbrown its bracket allows the city of Midland to impose impact fees for structure such as water and sewer lines, street roadway facilities, drainage improvements and other municipal improvements. I move suspension.

SENATOR KEVIN ELTIFE: Senator Seliger move suspension of the regular order of business to take up and consider House Bill 3111. Is there objection? Chair hears none, rules are suspended. The Chair lays out on second reading House Bill 3111. The secretary will read the caption.

PATSY SPAW: House Bill 3111 relating to fees to finance capital improvements in certain municipalities.

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

PATSY SPAW: Floor amendment No. 1 by Seliger.

SENATOR KEVIN ELTIFE: Seliger to explain floor amendment No. 1.

SENATOR KEL SELIGER: Thank you Mr. President. This amendment sets up the Midland utility -- Midland county utility district. This is a designed to provide utilities in an area to Midland county that has 15,000 residents. Seeks creation of the district in the city have reached an agreement between the city and county to provide or limit annexation authority extended of eminent domain. This particular municipal utility district will be 54,000 acres in and around the city of Midland and it's extra territorial yours duction. Move adoption.

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

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

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

SENATOR CARLOS URESTI: Thank you Mr. President and members. This amendment simply limits the eminent domain power of the Midland district to the boundaries Midland county.

SENATOR KEVIN ELTIFE: Senator West, for what purpose?

SENATOR ROYCE WEST: Oh, this is on the main amendment, not on the amendment to the amendment.

SENATOR KEVIN ELTIFE: Thank you, Senator West. We'll come back to you.

SENATOR CARLOS URESTI: I move adoption of amendment two to amendment one.

SENATOR KEVIN ELTIFE: Senator Uresti moves adoption of the amendment to the amendment. Senator Seliger, where are you on the amendment to the amendment?

SENATOR KEL SELIGER: The amendment is acceptable.

SENATOR KEVIN ELTIFE: Senator Uresti moves adoption of amendment to the amendment, it's acceptable to Seliger. Is there objection? Chair hears none, the amendment to the amendment is adopted. We're back to floor amendment No. 1 as amended members. Senator West, for what purpose?

SENATOR ROYCE WEST: Question of Senator Seliger.

SENATOR KEVIN ELTIFE: Senator Seliger yield?

SENATOR KEL SELIGER: I do.

SENATOR ROYCE WEST: Senator Seliger, now all municipal utility districts over the past years we have put in place a template that we've worked very closely with takeholders and counties and other governmental entities and the maximum given that we had a bunch of municipal utility districts to ask for acreage over 20 -- 25,000 it was agreed upon as part of the template, members, that the maximum amount of acreages that we would into a municipal utility district was about 3,000 and that's the template that has been used by all of the members going through the Senate intergovernmental relations committee. Are you aware of that?

SENATOR KEL SELIGER: I am, but I think it's reasonable also to assert that I am not a member of the committee and this is neither a rule nor a law. While it was agreed to a template by the members of the committee, I don't know necessarily that we're strictly bound to it. And this can be done 3,000 acres at a time but this is an area of Midland county's geographical location, it has 15,000 residents. We can do 18 municipal districts of 3,000 people each and add substantial additional costs in legal fees and things like that but when the city and the county have agreed to this, I am not sure I see the point in the original expense and trouble to do that.

SENATOR ROYCE WEST: Isn't this the only MUD that you've brought -- all the MUDs that you've brought through intergovernmental relations, were they 3,000 acres or less?

SENATOR KEL SELIGER: I've only done one of them if my recollection is correct, was in Randall county and I don't remember what the number was. It certainly wasn't anywhere around near this large.

SENATOR ROYCE WEST: Members, I'm just saying, the way you want to vote on this, but this is the only municipal utility district that I know of that's being passed this session that exceeds the 3,000 acres that we kind of put in rule and gave to each of you as you came through the intergovernmental relations committee to establish your MUDs. And the question is whether or not you think this deserves special attention or how should it comply to the same rules that applied when you asked for municipal utility districts in your district.

SENATOR KEL SELIGER: Well, I would not submit that this is particularly a special application, it is simply divergent from the templates the committee prefers. Once again I see nothing particularly sacrosanct about 3,000 acres.

SENATOR ROYCE WEST: Well, it's nothing granted -- believe me it's not sacrosanct at all. It's just something that we worked with the House and also all of the members of the committee and all of the stakeholders over the interim to kind of put in place as it relates to districts and all of the members that have had municipal utility districts came in with their municipal, with their request of 3,000 acres or less and this is the only one I will note that this session that we will end up passing over the 3,000 acres limit that we kind of thought was the best practices for the Texas.

SENATOR KEL SELIGER: Thank you.

SENATOR KEVIN ELTIFE: Thank you Senator West. Senator Seliger moves adoption of floor amendment No. 1 as amended. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 29 ayes, one nay, floor amendment No. 1 is adopted. Floor amendment No. 3. Secretary please read the amendment.

PATSY SPAW: Floor amendment No. 3 by Seliger.

SENATOR KEVIN ELTIFE: Senator Seliger to explain floor amendment No. 3.

SENATOR KEL SELIGER: Mr. President this amendment clarifies that a local government corporation often created by local governments to provide various sorts of utilities and municipal services but specifically in this case created by municipal power agentcy is not exempt from ad valorem taxation if the property located outside of the taxing area of the apparent local government. I move adoption.

SENATOR KEVIN ELTIFE: Senator West, for what purpose?

SENATOR ROYCE WEST: Point of order. Germaneness.

SENATOR KEVIN ELTIFE: Please come forward. Senator Estes you're recognized for an introduction.

SENATOR KEVIN ELTIFE: Senator Estes, you're recognized for an introduction.

SENATOR CRAIG ESTES: Thank you, Mr. President and members. Members, I would like to have your attention for a minute. We have a very accomplished person on the floor today. Over to my right Dr. Kenneth Cooper from Dallas. Dr. Cooper would you please waif to the folks and he of course is a pioneer in preventative medicine and has the famous Cooper Clinic in Dallas, Texas and I'm proud to say he's my doctor. And thank you Dr. Cooper for all you've done for the state of Texas.

SENATOR RODNEY ELLIS: Mr. President. Mr. President.

SENATOR KEVIN ELTIFE: Senator Ellis for what purpose?

SENATOR RODNEY ELLIS: Just to make a comment about Dr. Cooper as well.

SENATOR KEVIN ELTIFE: Please proceed.

SENATOR RODNEY ELLIS: I'm so glad that he is here and Senator Estes thank you for doing that. He is your doctor and I know that you always pay attention to his advice and he's talked to you in some interesting positions about issues that are important. I just want to encourage members to know that Dr. Cooper's also been an advocate on preventative medicine and he is 80 years old. Most of the work that he did, now, is in China trying to get them to avoid things like obesity and other issues that we have in Texas that are just so prevalent. So I just want to add my voice along with Senate Nelson here to welcome him here and you'll be hearing from him a lot over the next 24 hours but I don't want you to think I'm putting any pressure on you about the smoking ban or anything like that because far be it for me to ever do anything like that. Thank you Mr. President. Again would you please welcome Dr. Cooper here to help us do the right thing?

SENATOR KEVIN ELTIFE: Thank you Senator Ellis. Senator West.

SENATOR ROYCE WEST: I withdraw the point of order.

SENATOR KEVIN ELTIFE: Thank you, Senator West. Senator Seliger.

SENATOR KEL SELIGER: Mr. President I withdraw the amendment.

SENATOR KEVIN ELTIFE: Thank you Senator Seliger. Senator Seliger withdraws floor amendment No. 4 -- No. 3 excuse me. The following amendment. Secretary read the amendment.

PATSY SPAW: Floor amendment No. 4 by Seliger.

SENATOR KEVIN ELTIFE: Senator Seliger to explain the amendment.

SENATOR KEL SELIGER: Mr. President I am going to temporarily withdraw this amendment. It will be back in two minutes.

SENATOR KEVIN ELTIFE: Senator Seliger temporarily withdraws floor amendment No. 4.

SENATOR KEL SELIGER: Mr. President I withdraw this amendment.

SENATOR KEVIN ELTIFE: Senator Seliger withdraws floor amendment No. 4.

SENATOR KEL SELIGER: Mr. President.

SENATOR KEVIN ELTIFE: Yes Senator Seliger.

SENATOR KEL SELIGER: There is a little bit of a hitch here on an amendment that Senator Birdwell would like to offer but he's got to go back and check some minutes of a committee and so it would be my intention to pass to third reading. Hold it third reading and if the amendment's okay, attach it at that time.

SENATOR KEVIN ELTIFE: That will work Senator Seliger. Senator Seliger you're recognized for a motion.

SENATOR KEL SELIGER: Mr. President I move passage of third reading of House Bill 3111.

SENATOR KEVIN ELTIFE: Senator Seliger moves passage of House Bill 3111 as amended. Is there objection? Chair hears none, House Bill 3111 is passed to third reading as amended. Senator Seliger is recognized for a motion to suspend the constitutional three day rule.

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

SENATOR KEVIN ELTIFE: Secretary call the roll.

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

SENATOR KEVIN ELTIFE: 30 ayes, zero nays, the rule is suspended.

SENATOR KEL SELIGER: Mr. President I would now like to move final passage.

SENATOR KEVIN ELTIFE: The Chair lays out on third reading and final passage House Bill 3111. The secretary will read the caption.

PATSY SPAW: House bill 3111 relating to fees of the finance Capitol improvements in certain municipalities.

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

SENATOR KEL SELIGER: Mr. President I maw final passage of House Bill 3111.

SENATOR KEVIN ELTIFE: Senator Seliger now moves final passage of House Bill 3111 as amended. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 30 ayes, zero nays, House Bill 3111 as amended is finally passed. Congratulation Senator Seliger. Senator Zaffirini you're recognized for a motion to suspend the regular order of business on Committee Substitute to House Bill 2396.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. Mr. President and members I move to suspend the regular order of business in order to take up and consider at this time the Committee Substitute for House Bill 2396 which relates to the pledge of advance sales and use taxes to certain bonds. Members this is strictly a local bill that's bracketed for the San Antonio advanced transportation district. House Bill 2396 would allow San Antonio's advanced traffic district to buy revenue bonds back by proceeds from the revenue sales tax already in place and already voted for by the public and require a public hearing on the proposed bonds prior to issuance. Mr. President I move suspension.

SENATOR KEVIN ELTIFE: Senator Zaffirini moves suspension of the regular order of business to take up and consider Committee Substitute to House Bill 2396. Is there objection? Chair hears none, the rules are suspended. The Chair lays out on second reading Committee Substitute to House Bill 2396. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 2396 relating to the pledge of advanced transportation district sales and use taxes to certain bonds.

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 2396 is passed to third reading. Senator Zaffirini is recognized for a motion to suspend the constitutional three they rule.

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

SENATOR KEVIN ELTIFE: The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 29 ayes and one nay, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to House Bill 2396. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 2396 relating to branch of advanced transportation district and sales and use taxes.

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

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

SENATOR KEVIN ELTIFE: Senator Zaffirini now moves final passage of Committee Substitute to House Bill 2396. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 29 ayes, one nay, Committee Substitute to House Bill 2396 is finally passed. Congratulations Senator Zaffirini.

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

SENATOR KEVIN ELTIFE: Senator Van de Putte you're recognized for a motion to suspend the regular order of business on Committee Substitute to House Bill 2173.

SENATOR LETICIA VAN DE PUTTE: Thank you Mr. President. Mr. President and members, I move to suspend the Senate's regular order of business to take up and consider at this time the Committee Substitute to House Bill 2173. Members, this is the bill dealing with military voting by Representative Torres, in the committee we also added the (inaudible.) If you remember that was my SB100, the Military and Overseas Voting Act to this in the same format that we had had. And this is now one that we wanted to make sure at the time our Senate Bill 100 was having difficulty getting out of the calendars and the House. It is out of the calendars, but given the difficulty and we don't know exactly what's going to happen in the House, this is one of those must pass bills so we can adhere to the Military Voting Act. There was just -- I will have an amendments that is more of a technical cleanup amendment that is about ballot certification deadline and it was caught by the secretary of state's office. And with that House Bill 2173 with the now -- it is with the military voting that we want to move to suspend this so we can make sure our military voters have time before casting their ballots which would be the 45 day requirement so their vote is always counted. With that I move to suspend the Senate's regular order of business to take up and consider the Committee Substitute to House Bill 2173.

SENATOR KEVIN ELTIFE: Senator Seliger for what purpose?

SENATOR KEL SELIGER: Question of the author.

SENATOR KEVIN ELTIFE: Senator Van de Putte yield?

SENATOR KEL SELIGER: Senator Van de Putte, did this bill have anything in it related to the primary election dates for the Texas general elections for any other elections?

SENATOR LETICIA VAN DE PUTTE: This bill now has the inclusion of Senate Bill 100 which was the Military and Overseas Voting Act. So what this does is has us in compliance with that. With respect to local elections in the May election, of course all local districts any type of districts can have a November election and all districts are elections in May of odd numbered years. With Senator Dan Patrick's amendment that we put on the original SB100 when it was on the floor and we incorporated onto this one we had that optional May elections could occur in May of odd numbered years but the election administration is not required to do so. There are some election administrators that said physically and because of the amount of machines they couldn't do two elections at the same time. However there are some election administrators, your county elections that would be able to handle it. they're not required to do so but if the jurisdiction wishes and the election administrator can do that they can have it on the even numbered years.

SENATOR KEL SELIGER: Okay. And I understand all that but once again the question is exactly in this bill or any amendments what is the treatment of primary elections that are customly held to pick the nominees of specific parties for election?

SENATOR LETICIA VAN DE PUTTE: With this the primary date is in Tuesday of March. So we did not change the primary deadline. What we changed was the filing deadline to back up into the December and we did that to change the runoff to the last part of May to adhere to the 45 days, but this bill keeps the April primary that we do that in the first part of March.

SENATOR KEL SELIGER: Thank you very much. Thank you Mr. President.

SENATOR KEVIN ELTIFE: Thank you Senator Seliger. Senator Shapiro for what purpose?

SENATOR FLORENCE SHAPIRO: To ask the author a question.

SENATOR KEVIN ELTIFE: Senator Van de Putte yield?

SENATOR LETICIA VAN DE PUTTE: I yield.

SENATOR FLORENCE SHAPIRO: Senator Van de Putte this has been an issue that has been an ongoing now that you have worked quite extensively on. And I know the cause of all of this really comes from the federal government wanting us to change our dates to meet the needs of military and I certainly understand that. The question would have to become locally until our constituents exactly did what they think because we have gone back to what we collectively decided was in the best interest of the state but locally how does

(inaudible) which represents all the cities, Texas Municipal League and the school board association, the Texas Association of School Boards who were most affected by that November every other year date on the yen calendar. What are their thoughts about these changes because (inaudible) you have in here I think everyone is fine with, I think the dialogue that I have heard and the debate and the concern has always been on the date of the November general election every other year. So would you share their concerns or if they've been addressed?

SENATOR LETICIA VAN DE PUTTE: The November elections remain the same. So if you are any jurisdiction you can have a November election in odd or even numbered years, that remains the same. What the difference is with our March primary, the runoff is in the last part of May and so the May elections and right now local jurisdictions can also choose a May date. So November didn't change. They can use November, odd, even numbered years. In May, having elections in odd numbered years presented no problem because you don't have a primary runoff.

SENATOR FLORENCE SHAPIRO: Right.

SENATOR LETICIA VAN DE PUTTE: And so what we did with Senator Patrick's amendment that's incorporated in here is if a local jurisdiction chooses to keep their election in May of even numbered years, they can do so but the elections administrator is not required to do so. We have some election administrators that said it's no problem, we can handle it. We have other election administrators that they said they would not be able to handle it currently because they don't have enough machines, they don't have new -- and it's the early vote portion for runoffs and things like that and so they're not required to do so but they can if they're able to do so they can. We also made a few changes for TMD, we allowed (inaudible) to change the election date to November by resolution that TML wanted. We allowed a council member or mayor of city terms in office of three or four years to continue holding office from May to November and the third change they wanted was a (inaudible) that had established staggered terms to be able to adopt an order or resolution changing to nontaggered terms. So we took that, and I think TML is all okay. Those are the changes that they wanted that we incorporated with the Committee Substitute in the committee, and we've made it as easy as we can so we haven't prohibited the May elections in even numbered years. But we just wanted to make sure the elections administrator, if they say they can't do it, they're not required to. Now, a lot of them have come forth since then and said you know what, if it's just the runoff we may have in certain jurisdictions we may be able to do it and others they said you know if there's a runoff on a congressional that means our county and we don't have the machines and early vote sites to do the May election and a runoff in May at the same time. So we made it as flexible, made all the changes that TML wanted and I'm sure we're going to continue working to see if there's anything else that we could do to make it easier for our local jurisdictions but there's no change in the November. They can always have November elections.

SENATOR FLORENCE SHAPIRO: Do you happen to know how many schools or cities actually have a November election? I think it's very few.

SENATOR LETICIA VAN DE PUTTE: Actually we have 28 percent of all our school districts already have --

SENATOR FLORENCE SHAPIRO: In November.

SENATOR LETICIA VAN DE PUTTE: November elections and it's the --

SENATOR FLORENCE SHAPIRO: It's the same election as the general election date.

SENATOR LETICIA VAN DE PUTTE: That's correct.

SENATOR FLORENCE SHAPIRO: I know Houston ISD and things like that.

SENATOR LETICIA VAN DE PUTTE: For municipalities TML now that, I am not sure I have that but of course major cities, Houston and there are a couple of major cities that do but there may be some -- a lot of midsized or smaller sized I know San Antonio has theirs in May and others, Austin I think. So every -- it's different but there are to many small municipalities that we do are some that do have them in November. I just don't have access --

SENATOR FLORENCE SHAPIRO: I didn't realize it was 28 percent. I thought it was a lot mauler.

SENATOR LETICIA VAN DE PUTTE: 28 percent of school boards are already doing a November but as you and I have discussed a lot of times they like that May date not for specifically elections as trustees or counsel members but they sure love it when they're going out for bonds.

SENATOR FLORENCE SHAPIRO: Yeah, absolutely. We know that. The only other question I have is this may put a little bit of a damper on some of the city councils when they don't have staggered terms since we're looking at that May -- I mean, that general election odd year instead of the general you could do it on the May election date so I'm thinking we may need to offer an amendment --

SENATOR LETICIA VAN DE PUTTE: Well, the change that we --

SENATOR FLORENCE SHAPIRO: If you wouldn't mind looking at this I would really appreciate it. I've got from one of my --

SENATOR LETICIA VAN DE PUTTE: Yes. What we did is we allowed general law cities to establish staggered terms of office that they have to adopt an ordinance or resolution changing to nonstaggered. By allowing this TML said there were roughly about 900 general law cities would have the ability to unstagger their terms. Thereby allowing the city to use the May uniform election date in odd numbered years and that's assuming the city could have the county first the election services. And without this change TML said the vast majority of general law municipalities would be forced to hold all city councils in November to continue their staggered terms. We included this amendment -- it wasn't in the original bill Senate Bill 100.

SENATOR FLORENCE SHAPIRO: That's right.

SENATOR LETICIA VAN DE PUTTE: But when we put this to -- we incorporated that change in the committee, so it's now in 2173.

SENATOR FLORENCE SHAPIRO: Okay. And my question would be it is in it for city councils but I don't think it's in there for school boards; is that correct?

SENATOR LETICIA VAN DE PUTTE: Let me check real quick, Senator. I want to make sure.

SENATOR FLORENCE SHAPIRO: He's checking, I'm sorry.

SENATOR KEVIN ELTIFE: No problem.

SENATOR LETICIA VAN DE PUTTE: I think it is all political subdivisions.

SENATOR FLORENCE SHAPIRO: Okay. For some reason I have a school district in my district that has looked at it and says it doesn't include school districts. So I do have an amendment that's coming up.

SENATOR LETICIA VAN DE PUTTE: We'll be happy to take that amendment just to clarify.

SENATOR FLORENCE SHAPIRO: That'd be great. If you don't mind, that would be wonderful. I really appreciate that. They're running it off as we speak.

SENATOR KEVIN ELTIFE: Thank you, Senator Shapiro. Any other questions Senate Shapiro?

SENATOR FLORENCE SHAPIRO: I just want to bring the amendment forward.

SENATOR KEVIN ELTIFE: Okay. We're not there yet but we'll wait for your amendment.

SENATOR FLORENCE SHAPIRO: Thank you.

SENATOR KEVIN ELTIFE: Thank you, Senator Shapiro. Senator Watson for what purpose?

SENATOR KIRK WATSON: Question of the author.

SENATOR KEVIN ELTIFE: Senator Van de Putte yield to Senator Watson?

SENATOR LETICIA VAN DE PUTTE: I yield, sir.

SENATOR KIRK WATSON: Thank you, Senator. And I think you've probably said this but I just want to make sure I'm completely clear because there have been a lot of different bills and a lot of different rumors and thoughts floating around on this. First of all let me make clear the primary election in the Committee Substitute to House Bill 2173 would add a March primary, correct?

SENATOR LETICIA VAN DE PUTTE: Correct.

SENATOR KIRK WATSON: The change that some of us might see would be runoff election for the primary, right?

SENATOR LETICIA VAN DE PUTTE: Yes, sir, the runoff primary election run off date is --

SENATOR KIRK WATSON: Now moved to the fourth Tuesday in May?

SENATOR LETICIA VAN DE PUTTE: That's correct. So in 2012 that would be May 22nd.

SENATOR KIRK WATSON: And this is the version that came over from the House and March primary election was the first Tuesday and the May runoff would be the 4th Tuesday for the primary runoff.

SENATOR LETICIA VAN DE PUTTE: This is not the House version. This is the Senate version that passed here.

SENATOR KIRK WATSON: That's why I'm asking the question. I'm glad I asked the question. Tell me again what the House version did.

SENATOR LETICIA VAN DE PUTTE: Well, we haven't seen the House version because the House just as it took our committee almost six weeks to come through with what we felt was the best, the House got a later start and they just now put Senate Bill 100, set it for the calendar.

SENATOR KIRK WATSON: What was in the House version for House Bill 2173?

SENATOR LETICIA VAN DE PUTTE: It was just a military electronic ballot voting. So Representative Torres had a little bill and we were not sure given the House's ability to move Senate Bill 1100. So what we did was in committee make sure that that's a must pass bill but we put it on there. So they had not brought it but it's my understanding that Senate Bill 100 has got substituted on the House, the House would prefer an April date to, in any case I believe we'll be going to conference.

SENATOR KIRK WATSON: One of those opportunities to make a question and that makes sense to get the answers to it. Okay. I now understand what you're intending to do. One other quick question. Senator Seliger and I both had bill this is session that would allow local communities to pick when they might have their election. For example, we passed off this floor and it's passed the House and it's on its way to the governor a bill that would allow for the city of Austin by a vote of the citizens to decide to have their city counsel elections in November. There's nothing in this bill that would impact any of that, correct?

SENATOR LETICIA VAN DE PUTTE: Absolutely not. And the bill reinforces that all local jurisdiction, school boards, city councils, anybody can have November as a general election date.

SENATOR KIRK WATSON: All right. Thank you very much.

SENATOR KEVIN ELTIFE: Thank you Senator Watson. Senator Van de Putte moves suspension of the regular order of business to take were and consider Committee Substitute to House Bill 2173. Is there objection? Chair hears none, rules are suspended. The Chair lays out on second reading Committee Substitute to House Bill 2173. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 2173 relating to the adoption of certain voting procedures and to certain elections.

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

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

SENATOR KEVIN ELTIFE: Senator Van de Putte to explain the amendment.

SENATOR LETICIA VAN DE PUTTE: Thank you very much. Members, in looking at this with the secretary of state's office. This amendment moves the ballot certification dead line to that third Tuesday in December. The secretary of state's office realized we moved the filing deadline but we needed to also move the ballot fix deadline. This puts it in line with the bill so this is a correction and it was caught by the secretary of state's office. Move adoption.

SENATOR KEVIN ELTIFE: Members, you heard the explanation of floor amendment No. 1 by Van de Putte. There any objection to the adoption of floor amendment No. 1? Hearing none, floor amendment No. 1 is adopted. Following amendment. Secretary read the amendment.

PATSY SPAW: Floor amendment No. 2 by Estes.

SENATOR KEVIN ELTIFE: Senator Watson will explain the Estes amendment.

SENATOR KIRK WATSON: Thank you Mr. President. Members, Senator Estes was called away and has asked that I present this amendment for him and I'm happy to do that. This amendment would simply reconcile the language of the Committee Substitute to House Bill 2173 with House Bill 1904 which Senator Estes is sponsoring. The amendment reduces confusion in the Ls process by giving write in candidates for precinct Chair and political Chair a filing deadline that's easier to calculate. Under current law the declaration of a write in candidacy has to be written in two days before the primary election day. House Bill 2173 would change that to 85 days before the primary election which is a difficult date to calculate. This amendment would amend the code to prieved that declaration of write in candidacies must be filed at the end of the 5th day after the deadline of the write. And Senator Estes I think has worked with Senator Van de Putte and it's my understanding this is acceptable to the author.

SENATOR KEVIN ELTIFE: Members you heard the explanation by Senator Watson. Senator Van de Putte on floor amendment No. 2.

SENATOR LETICIA VAN DE PUTTE: Thank you and ifs acceptable.

SENATOR KIRK WATSON: I move adoption.

SENATOR KEVIN ELTIFE: Senator Watson moves adoption of floor amendment No. 2, it's acceptable to Van de Putte. Is there objection? Chair hears none, floor amendment No. 2 is adopted. The following amendment. Secretary please read the amendment.

PATSY SPAW: Floor amendment No. 3 by Shapiro.

SENATOR KEVIN ELTIFE: Senator Shapiro to explain the amendment.

SENATOR FLORENCE SHAPIRO: Thank you Mr. President. Mr. President and members, this simply says in order to be able to comply with the transition that we're looking for, the school boards would like the ability to say that there'd be a resolution that you must provide for staggered terms. This is a very simple resolution it actually just talks about allowing -- giving them the flexibility to change er their terms which they do not have the flexibility to do right now. So I'm assuming this is acceptable to the author.

SENATOR KEVIN ELTIFE: Senator Van de Putte on floor amendment No. 3.

SENATOR LETICIA VAN DE PUTTE: The amendment is acceptable.

SENATOR FLORENCE SHAPIRO: Thank you very much.

SENATOR KEVIN ELTIFE: Senator Shapiro moves adoption of floor amendment No. 3. It's acceptalble to Van de Putte. Is there objection? Chair hears none, floor amendment No. 3 is adopted. Members we're going to hold for one more minute, we're waiting on another amendment. Senator Huffman you're recognized for an introduction.

SENATOR JOAN HUFFMAN: Thank you, Mr. President. I would like to take the time -- I think she's still here -- over here -- this morning to introduce a special guest in the chamber we have Pat Lykos who is the district attorney from Harris County, she's a former judge and now serves us in Harris County and I'd like to welcome her on behalf of all the Harris County delegation. She's done a wonderful job of working with everyone this session and she's doing a fabulous job and we're honored to have her visiting with us today. Welcome.

SENATOR KEVIN ELTIFE: Senator Ellis you're recognized.

SENATOR RODNEY ELLIS: Mr. President, I just want to add my thoughts about the District Attorney in Harris County. I think it's always important for legislators to call the prosecutor's name out before they have to call our name. But I've worked with her on a lot of criminal justice reform and she has really done a great job and been the leader on so many issues in Harris County and I just want to add my comments and thank you Senator Huffman for recognizing her.

SENATOR KEVIN ELTIFE: Thank you Senator Ellis. Senator Van de Putte you're recognized.

SENATOR LETICIA VAN DE PUTTE: Thank you Mr. President. Mr. President members, I move to temporarily postpone the consideration of the Committee Substitute to House Bill 2173. There's just a little technicality on the amendment that Senator Patrick has. We want to give staff time to work that out and also to give our staff here time to have the lunch break so if you don't mind I'd like to temporarily postpone the consideration. We'll come back right after the lunch break.

SENATOR KEVIN ELTIFE: Thank you, Senator Van de Putte. Members, Senator Van de Putte moves that we temporarily postpone further consideration of House Bill 2173. Is there any objection? Chair hears none so ordered. Thank you Senator Van de Putte. Members I know this is no surprise to you but 1 o'clock has come and gone and we haven't taken our break yet but we're going to have one more bill and maybe one more and then we're going to break. Senator West for what purpose? No longer has a purpose. Thank you Senator West. Senator Harris is recognized for a motion to suspend the regular order of business to take up and consider and suspend the regular order of business on House Bill 2408.

SENATOR CHRIS HARRIS: Thank you Mr. President, members I move to suspend the regular order of business to take up and consider House Bill 2408 which relates to various provisions dealing with title insurance. This bill streamlines the rate hearing process provides for due process and enforcement actions set forths timetables for rate hearings, license department of insurance employees to participate in continuing education classes put on by the title industry. Move to suspend.

SENATOR KEVIN ELTIFE: Members Senator Harris moves suspension of the regular order of business to take and consider Committee Substitute to House Bill 2408. Is there objection? Chair hears none, rules are suspended. The Chair lays out on second reading Committee Substitute House Bill 2408. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 2408 relating to title insurance.

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

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

SENATOR KEVIN ELTIFE: Senator Harrison now moves passage to third reading. Is there objection? Chair hears none, Committee Substitute to House Bill 2408 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 constitutional three day rule Mr. President.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 30 ayes, zero nays, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to House Bill 2408. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 2408 relating to title insurance.

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

SENATOR CHRIS HARRIS: Move final passage Mr. President.

SENATOR KEVIN ELTIFE: Senator Harris now moves final passage of Committee Substitute to House Bill 2408. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 30 ayes, zero nays, Committee Substitute to House Bill 2408 finally passed.

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

SENATOR KEVIN ELTIFE: Thank you Senator Harris. Congratulations Senator Harris.

SENATOR KEVIN ELTIFE: Senator Rodriguez you're recognized for a motion to suspend the regular order of business Committee Substitute to House Bill 1371.

SENATOR JOSE RODRIGUEZ: Thank you Mr. President and members, the Committee Substitute for House Bill 1371 amends current law relating to vehicle parking requirements in certain municipal housing authority communities. This is a local bill and only affects El Paso. This bill simply allows the city of El Paso authority to require its residents to register their vehicles to better secure their housing authority properties and ensure the availability of parking spaces for residents. The Committee Substitute would remove provisions of the bill that would require residents to have current Texas registration and provide proof of current liability insurance as these provisions are already state law what the housing authority and Representative Gonzales are adding to these changes. Mr. President and members I move that we suspend the regular order of business to and all necessary rules to take up and consider the Committee Substitute for House Bill 1371.

SENATOR KEVIN ELTIFE: Senator Rodriguez moves suspension of the regular order of business to take up and consider Committee Substitute to House Bill 1371. Senator Van de Putte for what purpose -- oh, I'm sorry, no purpose, okay. Members you heard the motion by Senate Rodriguez. There objection to suspension of the regular order of business to take up and consider Committee Substitute to House Bill 1371? Hearing none, rules are suspended. The Chair lays out on second reading Committee Substitute to House Bill 1371. Secretary read the caption.

PATSY SPAW: Committee Substitute to House Bill 1371 relating to vehicle marking requirements and certain municipal housing authority communities.

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 moves passage to third reading. Is there objection? Chair hears none, the Committee Substitute to House Bill 1373 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: The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 30 ayes, zero nays, rule is suspended. The Chair lays out on third reading and final passage Committee Substitute House Bill 1371. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 1371 relating to vehicle parking requirements in certain municipal housing authority communities.

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

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

SENATOR KEVIN ELTIFE: Senator Rodriguez moves final passage of Committee Substitute to House Bill 1371. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 30 ayes, zero nay, Committee Substitute to House Bill 1371 is finally passed. Congratulations.

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

SENATOR KEVIN ELTIFE: Senator Williams is recognized for a motion to reconsider the vote by which House Bill 2277 was finally passed.

SENATOR TOMMY WILLIAMS: Mr. President I move that we reconsider the vote by which House Bill 2277 was finally passed. I mentioned this, the other day when we recalled the bill from the House. What happened is this is a very simple bill that will keep the regulation of annuity contracts with the state board of insurance here in Texas. It's necessary for us to retain the jurisdiction of the state and not see that to the feds. Senator Carona had a bill that dealt with

(inaudible) settlements that we took as an amendment. He explained it properly but ultimately the wrong amendment was attached to the bill so we're correcting that to get the amendment as he explained on there. To what I'm trying to do is get this back on third reading so Senator Carona can get his amendment on the bill. I'll be happy to answer any questions.

SENATOR KEVIN ELTIFE: Members you heard the motion by Senator Williams to reconsider the vote by which House Bill 2277 was finally passed. Is there objection? Chair hears none, so ordered. The Chair lays out on third reading and final passage House Bill 2277. The secretary will read the caption.

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

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

PATSY SPAW: Floor amendment No. 1 by Carona.

SENATOR KEVIN ELTIFE: Senator Carona to explain the eavment.

SENATOR JOHN CARONA: Thank you, Mr. President and members, and thank you Senate Williams for your patience on this matter. Members as you recall we previously adopted an amendment on House Bill 2277 which included language of Senate Bill 1213 regarding life settlement transactions. This was a bill that I carried and it passed overwhelmingly. The new amendment adds language that was inadvertently left out of the previous adopted amendment. The proposed language was requested by the office of the (inaudible) and clarifies the reference to chapter 541 of the insurance code. 541 details what practice or acts authorize a person who sustains actual damages to bring an action against another. What this amendment did is ensure that the previous adopted amendment language did not create a new action. It also fixes a reference to the code of federal regulation and I would move at this time that we adopt amendment No. 1.

SENATOR KEVIN ELTIFE: Senator Williams on the amendment.

SENATOR TOMMY WILLIAMS: The amendment is acceptable.

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

SENATOR TOMMY WILLIAMS: I move final passage.

SENATOR KEVIN ELTIFE: Senator Williams moves final passage of House Bill 2277 as amended. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 30 ayes, zero nays, House Bill 2277 is finally passed again.

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

SENATOR KEVIN ELTIFE: Thank you, Senator Williams. Senator Van de Putte is recognized for a motion to suspend the regular order of business Committee Substitute to House Bill 1942.

SENATOR LETICIA VAN DE PUTTE: Thank you. Mr. President and members. I move to suspend the Senate's regular order of of business to take up and consider at this time the Committee Substitute for House Bill 1942. Members this bill deals with bullying in our Texas public schools in response to over ten House bills that were offered in relation to bullying. Chairman Eissler chaired the subcommittee on bullying and House Bill 1942 by Representative Patrick is a consensus bill that was produced by the subcommittee and then by the entire committee which included Representative Marx Huberty and Smith. An estimated 18 million students will be bullied this year and our children and our families deserve the insurance that the schools are staked. This bill has four main components. We have a new definition or actually a new bullying definition. It intiates awareness, prevention, identification and resolution by putting this into the health codes and provides local school boards with a discretion to transfer student found to have bullied to another classroom or to another campus within the district. It also has our school districts adopt a policy and implement a bullying policy that would recognize minimum guidelines s and establishes procedures for reporting an ancidents of bullying. Members, in closing -- and I hope you do allow me to suspend. This bill is by no means perfect but it represents the consensus approach taken by the legislature that we will no longer tolerate doing nothing for the sake of finding just that perfect solution. Members, this is our anti-bullying bill and I move suspension of the Senate's regular order of business.

SENATOR KEVIN ELTIFE: Senator Whitmire for what purpose.

SENATOR JOHN WHITMIRE: I'd like to speak in support of the statute at the proper time.

SENATOR KEVIN ELTIFE: Please proceed, now, dean Whitmire.

SENATOR JOHN WHITMIRE: Thank you Senator Van de Putte for bringing this serious matter to the Senate floor and I know even if there's members not on the floor they're in the lounge and in their offices. We should all unite behind this piece of legislation because of the seriousness, it's not only a Texas crisis, it's a national issue. We've documented many instances of bullying, lack of response to the act by school officials across this state and to put a face on this, I want you to know that families are asking us for assistance. We hope that not only do we respect those unfortunate circumstances and individuals who remember the victims of bullying but our real goal is the prevention to deter these acts going forward. We should establish this legislation and we'll certainly review it as we go forward a zero tolerance for bullying on our campuses and in our community. Just ten minutes ago our District Attorney Pat Lykoks assured me that she will diligently pursue any bullying cases. They can just not be allowed. We got to hold school and public officials accountable that when they know these acts deal with the perpetrators protect the victims and have a system in place that each and every Texan will know that we're very serious about this. Senator Van de Putte I know you have united this body behind this issue and we do it for all the individual that is remember victims but particularly the family represented Asher Brown in this body today. His stepfather and mother Mary Armstrong are here we'd like for them to be recognized and assure them that their presence here puts a face on this terrible act and hopefully this will help you put some closure to your pain and you will protect other individuals andout as we go forward. At this time Mr. President I know each and every one of us join hands in support this legislation.

SENATOR KEVIN ELTIFE: Thank you Senator Whitmire. Members Senator Van de Putte has moved suspension of the regular order of business to take up and consider Committee Substitute to House Bill 1942. Is there objection? Chair hears none, rules are suspended. The Chair lays out on second reading Committee Substitute to House Bill 1942. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 1942 relating to bullying in public schools.

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

SENATOR LETICIA VAN DE PUTTE: Thank you Mr. President. I move the Committee Substitute to House Bill 1942 to third reading.

SENATOR KEVIN ELTIFE: Senator Van de Putte now moves passage to third reading. Is there objection? Chair hears none, Committee Substitute to House Bill 1942 is now passed to third reading. Senator Van de Putte you're recognized for a motion to suspended smend the constitutional three day rule.

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

SENATOR KEVIN ELTIFE: The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 30 ayes, zero nays, the rule is suspended. The Chair lairs out on third reading and final passage Committee Substitute to House Bill 1942. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 1942 relating to bullying in public schools.

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

SENATOR LETICIA VAN DE PUTTE: Thank you Mr. President. Before I move final passage I have to give great thanks to the courage of the many families who through this process worked with the House and the Senate and their courage. I also want to thank the dean of the Texas Senate, dean Whitmire who had a great measure and that measure has gotten over to the House but his guidance also that of our Chair Senator Shapiro who said we will pass this bill, we will pass a bill and Senator Davis who is not here and the members of the Senate education committee as much as the House went through their process with ten different bills, the Senate committee did so and I acknowledge the leadership of the dean of the Senate in making sure that today this bill is passed from the Texas Senate. With that I move final passage.

SENATOR KEVIN ELTIFE: Senator Van de Putte has now moved final passage of the Committee Substitute of House Bill 1942. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 30 ayes, zero nays, Committee Substitute to House Bill 1942 is finally passed. Congratulations Senator Van de Putte, congratulations Senator Whitmire. Members we're about to take a short break to about 2:00 clock. Are there any announcements before we break? If no announcements, the Chair recognizes the dean of the Senate John Whitmire.

SENATOR JOHN WHITMIRE: Mr. President I would move the Senate stand in recess until 2:00 clock.

SENATOR KEVIN ELTIFE: Thank you Senator Whitmire. You've heard the motion by Senator Whitmire. Is there any objection? The Chair hears none, so ordered. Thank you members.

(Recess.)

SENATOR STEVE OGDEN: : The Chair announces the signing of the following in the presence of the Senate.

PATSY SPAW: Senate Bill 860, Senate Bill 886, Senate Bill 896, Senate Bill 910, Senate Bill 953, Senate Bill 992, Senate Bill 1047, Senate Bill 1057, Senate Bill 1154, Senate Bill 1187, Senate Bill 1208, Senate Bill 1248, Senate Bill 1295, Senate Bill 1311, Senate Bill 1352, Senate Bill 1410, Senate Bill 1414, Senate Bill 1578, Senate Bill 1598, Senate Bill 1660, Senate Bill 1667, Senate Bill 1668, Senate Bill 1669, Senate Bill 1687, Senate Bill 1692, Senate Bill 1719, Senate Bill 1755, Senate Bill 1831, SCR57.

SENATOR STEVE OGDEN: The Chair recognizes Senator Eltife for a motion.

SENATOR KEVIN ELTIFE: Thank you, Mr. President and members, members I move that we suspend rule 5.4 to extend the intent calendar rule so that we can continue to submit bills to the intent calendar until 6:00 p.m. today.

SENATOR STEVE OGDEN: Members you've have heard the motion. Is there objection? Chair hears none, motion is adopted.

SENATOR KEVIN ELTIFE: Thank you Mr. President.

SENATOR STEVE OGDEN: : Senator Zaffirini is recognized for a motion to suspend the regular order of business on House Bill 3722.

SENATOR JUDITH ZAFFIRINI: Thank you Mr. President cht Mr. President and members, I move to suspend the regular order of business in order to take up and consider at this time House Bill 3722 by Representative Guillen relating to the boater education of the parks and wildlife department. Members the Texas Parks and Wildlife Department contracts with an online vendor to provide online boating course. At the end of this year the agreement with the online provider is set to expire. Currently by (inaudible) an online boater education provider can keep only three of the 13-dollar fee charged to individuals who take the web based course. This 3-dollar cap seriously hinders the ability to attract high quality competitive bids for course providers. House Bill 3722 would allow the commission to set the amount of the service fee that online providers would be able to keep. This would result in greater flexibility to the department when negotiating with online voter education course providers. Generally the bill would allow the Texas Parks and Wildlife Department to set the service amount fee a provider may collect to offer online boater education courses. Mr. President I move suspension.

SENATOR STEVE OGDEN: Is there objection? There is objection. The secretary will call the roll.

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

SENATOR STEVE OGDEN: There being 28 ayes and three nays, the rule is suspended. The Chair lays out on second reading House Bill 3722. The secretary will read the caption.

PATSY SPAW: House Bill 3722 relating to boater education program on the Parks and Wildlife Department.

SENATOR STEVE OGDEN: Senator Zaffirini you're recognized.

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

SENATOR JUDITH ZAFFIRINI: Is there objection? The secretary will call the roll.

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

SENATOR STEVE OGDEN: There being 28 ayes and three nays. The bill is passed to third reading. Senator Zaffirini is recognized for a motion to suspend the constitutional three day rule.

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

SENATOR STEVE 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, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

SENATOR STEVE OGDEN: There being 28 ayes and three nays, constitutional three day rule is suspended. The Chair lays out on third reading and final passage House Bill 3722. The secretary will read the caption.

PATSY SPAW: House Bill 3722 relating to the boater education program of the Parks and Wildlife Department.

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

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

SENATOR STEVE 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, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

SENATOR STEVE OGDEN: Being 28 ayes and three nays, the bill is finally passed. Thank you.

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

SENATOR STEVE OGDEN: Senator Gallegos is recognized for a motion to suspend the regular order of business on Committee Substitute to House Bill 1568.

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 the Committee Substitute for House Bill 1568. Members 1568 is a local bill applying only to Harris County, provides for the direct hire position of the Harris County hospital district and it allows the Harris County comissioner's court to directly hire physicians to care for prisoners that are in custody of the Harris County sheriff. Additionally the bill calls for adoption of policies by the medical executive board of Harris County to monitor. Mr. President I move to suspend the regular order of business.

SENATOR STEVE OGDEN: : Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute to House Bill 1568. The secretary will read the caption but.

PATSY SPAW: Committee Substitute to House Bill 1568 relating to the authority of certain local government entities in certain populous counties to contract for or employee physicians.

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 STEVE OGDEN: Is there objection? Chair hears none, bill is passed to third reading. The Chair lays out -- Senator Gallegos is recognized for a motion to suspend the constitutional three they rule.

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

SENATOR STEVE 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, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

SENATOR STEVE OGDEN: Being 31 ayes and no nays, the constitutional three day rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to House Bill 1568. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 1568 relating to the authority of certain local governmental entities to employ, contract for or employee physician.

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

SENATOR MARIO GALLEGOS: Thank you Mr. President I move final passage.

SENATOR STEVE 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, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

SENATOR STEVE OGDEN: Being 31 ayes and no nays, the bill is finally passed. Thank you, Senator. Senator Watson is recognized for a motion to suspend the regular order of business on Committee Substitute to House Bill 1758.

SENATOR KIRK WATSON: Thank you Mr. President and members. I move to suspend the Senate's regular order of business to take up and consider the Committee Substitute to House Bill 1758. Relating to the creation of the Pilot Knob municipal utility district No. 3. This is a companion to two other bills that we've passed ed here today. Providing authority to impose a tax and issue bonds. 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 Committee Substitute to House Bill 1758. The secretary will read the caption.

PATSY SPAW: Me substitute to hues bill 1758 relating to the creation of the Pilot Knob municipal utility district No. 3.

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

SENATOR KIRK WATSON: Thank you Mr. President I move passage of Committee Substitute to House Bill 1758 to third reading.

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

SENATOR KIRK WATSON: So moved.

SENATOR STEVE 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, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

SENATOR STEVE OGDEN: Being 31 ayes and no nays, the constitutional rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to House Bill 1758. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 1758 relating to the creation of the Pilot Knob municipal utility district No. 3.

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

SENATOR KIRK WATSON: I move passage of Committee Substitute to House Bill 1758.

SENATOR STEVE 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, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

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

SENATOR KIRK WATSON: Thank you.

SENATOR STEVE OGDEN: Senator Van de Putte you're recognized for an introduction.

SENATOR LETICIA VAN DE PUTTE: Thank you Mr. President. Mr. President and members, I am pleased to introduce 125 students today and they are 6th, 7th, 8th, 9th, and 10th graders from San Antonio. They attend City Center Health Careers which is a charter school of course offering free enrollment and open enrollment for students in and around Bexar county. We are pleased that they are here with us today. They are in the north gallery. I would ask that the students from City Center Health Careers please stand to be recognized. Welcome to your Capitol.

SENATOR STEVE OGDEN: Senator Lucio is recognized for a motion to suspend the regular order of business on Committee Substitute to House Bill 2207.

SENATOR EDDIE LUCIO: Thank you Mr. President and members. I'd like to move to suspend the Senate's regular order of business to take up and consider the Committee Substitute for House Bill 2207. Members, this is per tons to one of my local utilities. This bill extends the same municipal authority currently applicable to municipal electric systems to municipal watter and waste water bill systems. This bill is a very limited in scope and only applies to a home rule municipality that owns a water and waste water system that by ordinance or charter has elected to have the management in control of those systems govern by the board of trust too essential services. 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 Committee Substitute to House Bill 2207. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 2207 relating to the authority of the board of trustees to set rates for certain municipal utility systems.

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

PATSY SPAW: Floor amendment No. 1 by Uresti.

SENATOR STEVE OGDEN: Does everybody have the amendment? Chair recognizes Senator Uresti on the floor amendment No. 1.

SENATOR CARLOS URESTI: Thank you Mr. President and members, this amendment is the engrossed version of Senate Bill 117 and relates to allowing municipally owned utilities in certainties to fund low income to aid low income residents paying their bills. It passed the Senate 30 to one and is stuck in the House. This bill applies only to San Antonio, Dallas and Houston was bracketed out in a floor amendment with the Senate. With that Mr. President I move to adopt familiar amendment No. 1.

SENATOR STEVE OGDEN: Senator Lucio you're recognized for the amendment.

SENATOR EDDIE LUCIO: It's acceptable to the author.

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

SENATOR EDDIE LUCIO: Mr. President I'd like to move that the Committee Substitute to House Bill 2207 be passed to third reading.

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

SENATOR EDDIE LUCIO: So moved Mr. President.

SENATOR STEVE 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, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

SENATOR STEVE OGDEN: Being 31 ayes, no nays, the constitutional three day rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to House Bill 2207. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 2207 relating to the authority board of trustees the authority to set rates for municipal utility systems.

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

SENATOR EDDIE LUCIO: Mr. President, I'd like to move final passage of Committee Substitute for House Bill 2207.

SENATOR STEVE 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, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

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

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

SENATOR STEVE OGDEN: Senator Estes is recognized for a motion to suspend the regular order of business on House Bill 2560.

SENATOR CRAIG ESTES: Thank you Mr. President. Members, I pulled this bill down this morning and Senator Uresti has an amendment we can still talk about it if you wish but the amendment is acceptable and this allows foster parents who are licensed to have concealed handguns to have handguns in their cars, on their possession, in their possession and control and so I bring that back up and move to suspend the Senate's regular order of business to take up and consider House Bill 2560.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, rule is suspended. The Chair lays out on second reading House Bill 2560. The secretary will read the caption.

PATSY SPAW: House Bill 2506 relating to transporting a foster child in a vehicle where a handgun is in possession of a foster parent licensed to carry a concealed handgun.

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

PATSY SPAW: Floor amendment No. 1 by Senator Uresti.

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

SENATOR CARLOS URESTI: Thank you Mr. President and members. Earlier Senator Estes and I had a little dialogue with regard to foster parents being able to carry a weapon and there was some discussion as to whether or not it should be in the possession and control of the parent as opposed to on their person and so what my amendment simply does it strikes the language in the bill that reads in the possession and control and substitutes it with language that reeds concealed on the person and I believe it's acceptable to the author and with that I move adoption of floor amendment No. 1.

SENATOR STEVE OGDEN: Senator Estes.

SENATOR CRAIG ESTES: I appreciate that. It is acceptable and it more closely outlines my intent of this bill. Thank you, Senator.

SENATOR CARLOS URESTI: Thank you Senator Estes.

SENATOR STEVE OGDEN: All right Senator Uresti moves adoption of floor amendment No. 1. It's acceptable to the author. Is there objection? Chair hears none, amendment is adopted. Senator Estes you're recognizedded for a motion.

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

SENATOR STEVE OGDEN: Is there objection? Chair hears none, the bill is passed to third reading. Senator as tees you're recognized for a htion to suspend the constitutional three day rule.

SENATOR CRAIG ESTES: So moved Mr. President.

SENATOR STEVE 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, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

SENATOR STEVE OGDEN: Being 30 ayes and one nay, constitutional three day recall is suspended. The Chair lays out on final -- the Chair lays out on final passage House Bill 2560. The secretary will read the caption.

PATSY SPAW: House Bill 2560 relating to transporting a foster child in a vehicle where the handgun is in the possessin of the foster parent.

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

SENATOR CRAIG ESTES: Thank you Mr. President I move final passage of House Bill 2560.

SENATOR STEVE 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, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

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

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

SENATOR STEVE OGDEN: Senator Zaffirini is recognized for a a motion to suspend the regular order of business on House Bill 33.

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 33 by Representative Dan Branch relating to measures to increase the affordability of Texas books used for courses offense public or private institutions of higher education. Members as we all know textbook prices are on the rise as students struggle to afford higher Ed. Often students register for classes without knowing how much they will have to pay for textbooks and course material which can vary widely. House Bill 33 would address the increasing cost of textbooks by providing students with more information regarding required course materials in a timely manner and improving the transparency of the course material process. Generally the bill would codify certain provisions to the federal Higher Education Opportunity Act relating to textbooks. Mr. President I move suspension.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, the rule suspended. The Chair lays out on second reading House Bill 33. The secretary will read the caption.

PATSY SPAW: House Bill 33 relating to measures to increase the affordability of textbooks used for courses at public or private institutions of higher education.

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

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

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

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

SENATOR STEVE 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, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

SENATOR STEVE OGDEN: Being 31 ayes and no nays, constitutional three day rule is suspended. The Chair lays out on third reading and final passage House Bill 33. The secretary will read the caption.

PATSY SPAW: House Bill 33 relating to the measures to increase the affordability of textbooks.

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

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

SENATOR STEVE 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, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

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

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

SENATOR STEVE OGDEN: Senator West is recognized for a motion to suspend the regular order of business on Committee Substitute to House Bill 1228.

SENATOR ROYCE WEST: Thank you very much Mr. President and members, I'd move to suspend the Senate's regular order of business to take up and consider at this time Committee Substitute to House Bill 1228. Mr. President and members, House Bill 1228 contains agreed to language regarding HOA foreclosure proceedings. First it addresses a common concern regarding HOAs for (inaudible) by requiring that HOAs notify other lienholders prior to initiating foreclosure proceedings. Secondly the House Bill contains several of the agreed to provisions contained? Senate Bill 42 which we voted out unanimously back in April. Specifically contains the language that requires homeowner's associations to offer a payment plan to homeowners and to file these policies in the county deed records and provides notice and opportunity to cure deficiencies to homeowners prior to turning over to third parties for collection actions. Move to suspend the regular order of business.

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

SENATOR DAN PATRICK: Just a question of the author.

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

SENATOR DAN PATRICK: Senator we have worked a lot on this issue. Did this fall in line with what we passed out in 42?

SENATOR ROYCE WEST: It did and the only thing, the only difference in full disclosure I'd like to point out that the language regarding third party collections is not identical in the language in 42 that we passed out. At that time on the floor I told you there would be a few sections of the bill where I would continue to work with the stakeholders to develop a concensus. This section reflects that consensus and if you want me to go through those, I would.

SENATOR DAN PATRICK: So all the stakeholders came together on that? Now, how did this impact judicial foreclosure also concerning foreclosures because that was a key issue that we worked on.

SENATOR ROYCE WEST: Well, we continue to have -- we're going to have expedited judicial foreclosure but we're going to make certain there is judicial foreclosure not just independent foreclosure, nonjudicial foreclosure.

SENATOR DAN PATRICK: So that in this bill?

SENATOR ROYCE WEST: It's in this bill.

SENATOR DAN PATRICK: So that will be expedited foreclosure will be a part of this bill?

SENATOR ROYCE WEST: Exactly.

SENATOR DAN PATRICK: All right, thank you.

SENATOR ROYCE WEST: Thank you for your work also.

SENATOR STEVE OGDEN: Senator West moves to suspend the regular order of business on Committee Substitute to House Bill 1228. Is there objection? Chair hears none, rule is suspended. The Chair lays out on second reading Committee Substitute to House Bill 1228. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 228 relating to payment and collection of assessments and other charges owed to a property owner association.

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

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

SENATOR STEVE OGDEN: Excuse me. We had an amendment. Following amendment. Secretary read the amendment. You knew that.

PATSY SPAW: Floor amendment No. 1 by west.

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

SENATOR ROYCE WEST: Thank you very much Mr. President. This amendment was requested by the homeowners -- home builders of HOA, it just clarifies the intent of the original bill which is to prohibit associations from offering plans of less than three months but to give associations the ability to offer payment plans that can extend up to 18 months. I move adoption.

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

SENATOR ROYCE WEST: Move passage to third reading.

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

SENATOR ROYCE WEST: So moved.

SENATOR STEVE OGDEN: The secretary will call the roll.

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 STEVE OGDEN: Being 30 ayes and one nay, the constitutional three day rule is suspended. The Chair lays out on third radding final passage Committee Substitute to House Bill 1228. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 1228 relating to payment and collection of assessments to property owners association.

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

SENATOR ROYCE WEST: Mr. President I move final passage of Committee Substitute to House Bill 1228.

SENATOR STEVE 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, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

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

SENATOR ROYCE WEST: Thank you.

SENATOR STEVE OGDEN: Senator Seliger is recognized for a motion to suspend the regular order of business on House Bill 1812.

SENATOR KEL SELIGER: Thank you Mr. President I move to suspend the regular order of business to take up and consider House Bill 1812 at this time relating to the type of newspaper required for publication of notice in certain counties. The requirement of newspapers when they give notice and there's certain strict requirements to circulation lation and pace allowed and things like that, but not all newspapers particularly in rural areas meet all those requirements so House Bill 1812 gives the governmental entity the flexibility to select a newspaper that's most likely to reach the greatest est number of citizens. 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 1812. The secretary will read the caption.

PATSY SPAW: House Bill 1812 relating to the type of newspaper required for publication of notice in certain counties.

SENATOR KEL SELIGER: Senator Seliger is recognized for a motion.

SENATOR KEL SELIGER: Mr. President I move passage to third reading of House Bill 1812.

SENATOR KEL SELIGER: Is there objection? Chair hears none, the bill is passed to third reading. Senator Seliger is recognized for a motion to suspend the constitutional three they rule.

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

SENATOR STEVE 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, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

SENATOR STEVE OGDEN: Being 31 ayes and no nays, constitutional three day rule is suspended. The Chair lays out on third reading and final passage House Bill 1812. The secretary will read the caption.

PATSY SPAW: House Bill 1812 relating to type of newspaper required for publication of notice in certain counties.

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

SENATOR KEL SELIGER: Thank you Mr. President I move final passage of House Bill 1812.

SENATOR STEVE 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, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

SENATOR STEVE OGDEN: Being 31 ayes and no nays, the House Bill 1812 finally passed. Thank you, Senator.

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

SENATOR STEVE OGDEN: Senator Van de Putte. The Chair lays out as a matter of postponed business Committee Substitute to House Bill 2173. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 2173 relating to a pilot program allowing certain military overseas voters to receive and cast a ballot electronically.

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

PATSY SPAW: Floor amendment No. 4 by Van de Putte.

SENATOR STEVE OGDEN: Senator Van de Putte is recognized on floor amendment No. 4.

SENATOR LETICIA VAN DE PUTTE: Thank you Mr. President. Mr. President and members, this amendment was asked if we could put this on by TML because when we did the exchange between Senator Shapiro and myself about general law cities we also have home rule cities that can stagger their elections in odd number years. So we wanted to make sure that general lawties could also. We think the language in the pattern of the bill is actually adequate but what this does is to make sure that that does occur that it's both for general law cities and home recall cities that they can change the staggering of their governmental bodies their actually the slots either council members or trustees without having to go to an election. There wouldn't be time to do that. So they can adopt the resolution and the change contained in the resolution would super seed the city charter provision that requires a different general election date.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, to adoption of floor amendment No. 4? Chair hears insurance the amendment is adopted. The following amendment. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 5 by Patrick.

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

SENATOR DAN PATRICK: Thank you Mr. President. I believe this is acceptable to the author. This is Senate Bill 904 that we passed out of here unanimously. Simply allows our military overseas and others serving to get a full ballot so they can vote for everyone not just the federal ballot. I move adoption.

SENATOR STEVE OGDEN: Senator Van de Putte.

SENATOR LETICIA VAN DE PUTTE: It is acceptable Mr. President.

SENATOR STEVE OGDEN: : Senator Patrick moves adoption of floor amendment No. 5 it's acceptable to the author. Is there objection? Chair hears none, the amendment is adopted.

SENATOR DAN PATRICK: Thank you, Senator.

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

PATSY SPAW: Floor amendment No. six by Watson.

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

SENATOR KIRK WATSON: Thank you Mr. President and members, if you'll remember I asked Senator Van de Putte a couple of questions about the impact this would have on a very specific item relating to the city of Austin. What this amendment would do is it would remove existing statute that apply only to the city of Austin requiring a spring election date for the mayor and council. Accordingly the spring election date is reflected in the city's charter. By removing this constitute the city could change the election date of to November by a charter amendment vote of the citizens. With this repeal voters would have -- without this repeal voters have no option to move the election to November. I move adoption of floor amendment No. 6.

SENATOR STEVE OGDEN: Senator Wentworth for what purpose to you rise?

SENATOR JEFF WENTWORTH: Mr. President will the gentleman yield for a question?

SENATOR KIRK WATSON: Certainly.

SENATOR JEFF WENTWORTH: Does this have anything to do with single districts in the city of Austin?

SENATOR KIRK WATSON: It does not. An amendment to an amendment would not be germane.

SENATOR JEFF WENTWORTH: That's too bad.

SENATOR KIRK WATSON: Actually it did. I made that a little flippant. It did, in fact, have something to do with single member districts and I ought to be clear about that. As you know the mayor has indicated that there's going to be a potential charter election to allow for single member districts. One of the things that he has talked about in addition is moving the election by a charter amendment there would have to be a charter amendment to go to single member district in the proposal he's laid out. There would also be potential for the charter amendment to move the election to November. All elections to November. So there has been talk about doing quite a bit with elections including single member districts and so I was a little flippant when I said that but this is potentially part of an effort to go to single member districts.

SENATOR JEFF WENTWORTH: But that will be in about a year and a half November of 2012.

SENATOR KIRK WATSON: The mayor and council has asked a resolution -- they passed a resolution asking the city manager to give them and I'm not sure I know exact details about this but I'll give you a general answer to give them a proposal on what would happen if they wanted to have an election this Novembers a well. It's my understanding and again I've been tied up in this building so I may not know all the details of it, it's my understanding that there may be a petition drive going on that there would also have a single member election on single member district of this year. But this repeal would allow them if they want to if they didn't go on a charter as well and ask for a November time.

SENATOR JEFF WENTWORTH: Thank you very much.

SENATOR KIRK WATSON: Thank you.

SENATOR STEVE OGDEN: Senator Van de Putte.

SENATOR LETICIA VAN DE PUTTE: It is acceptable.

SENATOR STEVE OGDEN: Senator Watson moves adoption of floor amendment No. 6. It's acceptable to the author. Is there objection? Chair hears none, amendment is adopted. Senator Van de Putte is recognized for a motion.

SENATOR LETICIA VAN DE PUTTE: Thank you Mr. President, I move the Committee Substitute to House Bill 2173 to third reading.

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

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

SENATOR STEVE 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, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

SENATOR STEVE OGDEN: Being 31 ayes and no nay, the constitutional rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to House Bill 2173. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 2173 relating to the adoption of certain voting procedures and certain elections.

SENATOR STEVE OGDEN: Senator Seliger for what purpose to you rise?

SENATOR KEL SELIGER: A question of the author, Mr. President.

SENATOR STEVE OGDEN: You're recognized.

SENATOR LETICIA VAN DE PUTTE: I yield.

SENATOR KEL SELIGER: My apologies for being redundant, Senator, but the question is, is there anything in this bill that contemplates the change of the primary date, primary election date from the second Tuesday in March?

SENATOR LETICIA VAN DE PUTTE: No, sir.

SENATOR STEVE OGDEN: Senator Van de Putte you're recognized for a motion.

SENATOR LETICIA VAN DE PUTTE: I move final passage of the Committee Substitute to House Bill 2173.

SENATOR STEVE 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, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

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

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

SENATOR STEVE OGDEN: Senator Eltife. Senator Estes is recognized for a motion to suspend the regular order of business on House Bill 3268.

SENATOR CRAIG ESTES: Thank you Mr. President and members. Members, I move to suspend the constitutional order of business and Senate's regular order of business to take up and consider at this time House Bill 3268. Combined heat and power systems, CHP systems also known as cogeneration systems generate electricity and thermal energy in a single generated system. CHP system use onsite generators to produce electricity and heat recovery technology to collect and utilize waste heat from the generator. CHP systems capture the heat that otherwise would be lost in the generation of electricity. The thermal energy removed in a CHP system can be used for heating and cooling. Because CHP involves some production of electricity, an entity applying for a permit for a CHP must accept the emission limits provided for in the standard permit for an electrical generating unit or go through the full permitting process which causes an unreasonable burden, some cost and time and money for many small systems. House Bill 3268 would require the TCEQ to develop a standard permit or permit by rule for stationary and natural gas engines used in a CHP system that would establish emission limits for air contaminants released by the engines. With that Mr. President I move to suspend.

SENATOR KEVIN ELTIFE: Senator Estes moves suspension of the regular order of business to take up and consider House Bill 3268. Is there objection? Chair hears none, the recall is suspended. The Chair lays out on second reading House Bill 3268. The secretary will read the caption.

PATSY SPAW: House Bill 3268 relating to permits for air contaminant emissions for state natural gas engines used in combine heating and power systems.

SENATOR KEVIN ELTIFE: Following amendment. 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: Mr. President and members, this is a perfecting amendment that simply clarifies that this new section only applies to stationary sources and does not apply to a motor vehicle as defined in the health and safety code. This definition states that a motor vehicle means a fully self-propelled vehicle that has regular four wheels that has its primary purpose in the transport of a person or persons property on a public highway. So I move adoption of the amendment.

SENATOR KEVIN ELTIFE: Members Senator Estes moves adoption of floor amendment No. 1. Is there objection? Chair hears none, floor amendment No. 1 is topted. 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 3268 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: The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 30 ayes, no nays, rule is suspended. The Chair lays out on third reading and final passage House Bill 3268. The secretary will read the caption.

PATSY SPAW: House Bill 3268 relating to permits for air contaminant emissions and stationary natural gas emissions used in combined heating and power systems.

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

SENATOR CRAIG ESTES: Mr. President I move final passage of House Bill 3268.

SENATOR KEVIN ELTIFE: Senator Estes now moves final passage of House Bill 3268 as amended. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, House Bill 3268 is finally passed. Congratulations Senator Estes.

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

SENATOR KEVIN ELTIFE: Senator Ogden recognized for a motion to suspend the regular order of business on House Bill 1932.

SENATOR STEVE OGDEN: : Mr. President and members, I move to suspend the regular order of business to take up and consider House Bill 1932. Dealing with the Williamson Liberty municipal utility district. House Bill 1932 amends the special district local laws code to authorize the Williamson Liberty Hill municipal district to have road powers. I move to suspend the regular or of business.

SENATOR KEVIN ELTIFE: Senator Ogden moves suspension of the regular order of business to take up and consider Committee Substitute to House Bill 1932. Is there objection? Chair hears none, rules are suspended. The Chair lays out on second reading House Bill 1932. The secretary will read the caption.

PATSY SPAW: House Bill 1932 relating to powers and duties of the Williamson Liberty Hill municipal utility district.

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

SENATOR STEVE OGDEN: Mr. President and members I move passage to third reading of House Bill 1932.

SENATOR KEVIN ELTIFE: Senator Ogden now moves passage to third reading. Is there objection? Chair hears none, House Bill 1932 is passed to third reading. Senator Ogden is now recognized for a motion to suspend the constitutional three day rule.

SENATOR STEVE OGDEN: Mr. President and members I move to suspend the constitutional three day rule to take up and consider House Bill 1932.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 31 ayes and zero nay, rule is suspended. The Chair lays out on third reading and final passage House Bill 1932. The secretary will read the caption.

PATSY SPAW: House Bill 1932 relating to powers and tauties of the Williamson Hill Municipal utility district.

SENATOR KEVIN ELTIFE: Senator Ogden recognized for a motion.

SENATOR STEVE OGDEN: Mr. President and members I move final passage of House Bill 1932.

SENATOR KEVIN ELTIFE: Senator Ogden now moves final passage of House Bill 1932. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, House Bill 1932 is finally passed. Congratulations Senator Ogden. Senator Watson. Senator Watson is recognized for a motion to suspend the regular order of business Committee Substitute to House Bill 3324.

SENATOR KIRK WATSON: 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 the Committee Substitute to House Bill 3324 which is the companion to Senate Bill 1572 which has already passed the Senate. There are two main differences. First the House removed proposed changes to the definition of intelligence information and the second is we added language that's agreed to by DPS and the Motorcycle Association requiring fusion centers to have a private policy. I move suspension of the rules.

SENATOR KEVIN ELTIFE: Senator Watson moves to suspend the regular order of business to tang up and consider Committee Substitute to House 3324. Is there objection? Chair hears none, rule is suspended. The Chair lays out on second reading Committee Substitute to House Bill 3324. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 3324 relating to operations and monitoring of fusion nors in the state.

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

SENATOR KIRK WATSON: Mr. President I move that House Bill 3324 be passed to third reading.

SENATOR KEVIN ELTIFE: Senator Watson how moves that House Bill 3324 be passed to third reading. Is there objection? Chair hears none, Committee Substitute to House Bill 334 is passed to third reading. Senator Watson is now recognized for a motion to suspend the constitution m three they rule.

SENATOR KIRK WATSON: So moved.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to House Bill 3324. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 3324 relating to operations and monitoring of fusion center in this state.

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

SENATOR KIRK WATSON: I move final passage of Committee Substitute to House Bill 3324.

SENATOR KEVIN ELTIFE: Senator Watson now moves final passage of House Bill 3324. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, me constitute to House Bill 3324 is finally passed. Congratulations Senator Watson.

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

SENATOR KEVIN ELTIFE: Senator Hinojosa is recognized for a motion to suspend the regular order of business on Committee Substitute to House Bill 2784.

SENATOR JUAN HINOJOSA: Thank you Mr. President and members, the House Bill 2784 deals with the current refund policy for courses at career schools and colleges which is outdated and overly complex and very cumbersome. Students (inaudible) difficulty in determining the clear refund amount under current policy. What this bill is clarify the different policy for a student who enters a residence program or a disstance education course and then terminates his enrollment. It will help make sure that we are the proper policy in place in a simple way that students can get a refund in the event they have a family emergency and drop out of the career school and I move to suspend the regular order of business to take up and consider House Bill 27846789.

SENATOR KEVIN ELTIFE: Senator Hinojosa moves suspension of the regular order of business to take up and consider Committee Substitute to House Bill 2784. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute to House Bill 2784. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 2784 relating to the refund policy for courses and programs at career school and colleges.

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

PATSY SPAW: Floor amendment No. 1 by Hinojosa.

SENATOR KEVIN ELTIFE: Senator Hinojosa to explain the amendment.

SENATOR JUAN HINOJOSA: Thank you Mr. President and members. This is an amendment that was requested by the Texas Work Force Commission to clarify that a student who terminates a program during the last percent of the program she may -- she may reenroll without repaying the additional tuition and I move adoption.

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

SENATOR JUAN HINOJOSA: Mr. President and members I move to third reading.

SENATOR KEVIN ELTIFE: Senator Hinojosa now moves passage to third reading. Is there objection? Chair hears none, Committee Substitute to House Bill 2784 is passed to third reading. Senator Hinojosa you're recognizedded for a motion to suspend the constitutional three they rule.

SENATOR JUAN HINOJOSA: I so move.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to House Bill 2784. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 2784 relating to the refund policy for courses and programs at career schools and colleges.

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

SENATOR JUAN HINOJOSA: I move final passage of Committee Substitute to House Bill 2784 as amended.

SENATOR KEVIN ELTIFE: Senator Hinojosa moves final passage of Committee Substitute to House Bill 2784. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, Committee Substitute to House Bill 2784 is finally passed. Congratulations Senator Hinojosa.

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

SENATOR KEVIN ELTIFE: Senator Zaffirini. 826. Senator Zaffirini is recognized for a motion to suspend the regular order of business on House Bill 826.

SENATOR JUDITH ZAFFIRINI: Thank you Mr. President. Mr. President, members I move to suspend the Senate's regular order of business in order to take up and consider at this time House Bill 826 by Representative Farias relating to the transfer of enrollment of a public school district of a student in conservatorship of the state. Generally this bill would require each school district to appoint at least one employee to act as a liaison officer to facilitate the enrollment in or transfer of a child who's in the conservatorship of the state. Mr. President I move suspension.

SENATOR KEVIN ELTIFE: Senator Zaffirini move s suspension of the regular order of business to take and consider House Bill 826. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading House Bill 826. The secretary will read the caption.

PATSY SPAW: House Bill 826 relating to facilitating the enrollment or transfer to a public school district of a student in the conservatorship of the state.

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 826 is passed to third reading. Senator Zaffirini you're recognized for a motion to suspend the constitutional three dale 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: The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, rule is suspended. The Chair lays out on third reading and final passage House Bill 826. The secretary will read the caption.

PATSY SPAW: House Bill 826 relating to facilitating the enrollment in or transfer to public school district of a student in the conservatorship of the state.

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 now moves final passage of House Bill 826. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, House Bill 826 is finally passed. Congratulations Senator Zaffirini.

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

SENATOR KEVIN ELTIFE: Senator Van de Putte is recognized for a motion to suspend the regular order of business on House Bill 3161.

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 the Committee Substitute to House Bill 3161. Members this bill would allow a Texas domicile life insurance company to create the limited purpose of subsidiary to reinterest the parent or affiliate p allow them to set the principle based reserves closer to what the current economic reserves are. With that I move to suspend the Senate's regular order of business.

SENATOR KEVIN ELTIFE: Senator Van de Putte moves to suspend the regular order of business to take up and consider House Bill 3161. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute to House Bill 3161. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 3161 relating to limited purposes of subsidiary life insurance companies.

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

SENATOR LETICIA VAN DE PUTTE: Thank you. I move the Committee Substitute to House Bill 3161 to third reading.

SENATOR KEVIN ELTIFE: Senator Van de Putte moves passage to third reading. Is there objection? Chair hears none, House Bill 3161 is passed to third reading. Senator, 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: The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to House Bill 3161. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 3161 relating to limited purpose of subsidiary life insurance companies.

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

SENATOR LETICIA VAN DE PUTTE: Thank you. I move final passage of Committee Substitute to House Bill 3161.

SENATOR KEVIN ELTIFE: Senator Van de Putte now moves final passage of Committee Substitute to House Bill 3161. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, Committee Substitute to House Bill 3161 is finally passed. Congratulations Senator Van de Putte.

SENATOR LETICIA VAN DE PUTTE: Thank you.

SENATOR KEVIN ELTIFE: Senator West is recognized for a motion to suspend the regular order of business Committee Substitute to House Bill 1821.

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 and consider at this time the Committee Substitute to House Bill 1821. Members, House Bill 1821 is a -- cleans up different existing sections of the property code relating to retail certificate. It clarifies that agents acting on behalf of the property have the ability to request resell certificates, establish a way for a association to verify the individuals who's representing resell certificates are, in fact, on behalf of the property oners. I move to suspend the regular order of business.

SENATOR KEVIN ELTIFE: Senator West moves suspension of the regular order of business to take up consider Committee Substitute to House Bill 1821. Is there objection? Chair hears none, rule is suspended. The Chair lays out on second reading House Bill 1821.

SENATOR CHRIS HARRIS: Mr. President.

SENATOR KEVIN ELTIFE: The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 1821 relating to certain information of guidelines of certain appropriations.

SENATOR KEVIN ELTIFE: Senator Harris for what purpose.

SENATOR CHRIS HARRIS: Will the Senator yield?

SENATOR KEVIN ELTIFE: Senator West yield?

SENATOR ROYCE WEST: Yes.

SENATOR CHRIS HARRIS: I couldn't understand a word you said. What's this bill about?

SENATOR ROYCE WEST: Mumbling -- did you understand that in no -- actually what this bill is about is about retail certificates and it clarifies that agents acting on behalf of property owners have the ability to request retail certificates and establish a way for the association to verify that the individuals actually requesting the resell certificate is acting on behalf of the property owners and also contains some of the agreed provisions in Senate Bill 142 also. Did you hear all that now?

SENATOR CHRIS HARRIS: That time.

SENATOR ROYCE WEST: You heard that that time?

SENATOR CHRIS HARRIS: I heard it.

SENATOR ROYCE WEST: Was I loud and clear, Mr. President?

SENATOR KEVIN ELTIFE: Yes, Senator West.

SENATOR ROYCE WEST: I move adoption of the amendment.

SENATOR KEVIN ELTIFE: We haven't laid the amendment out yet, Senator.

SENATOR ROYCE WEST: Oh, you haven't?

SENATOR KEVIN ELTIFE: No. The following amendment. Secretary please read the amendment.

PATSY SPAW: Floor amendment No. 1 by west.

SENATOR KEVIN ELTIFE: Senator Patrick for what purpose.

SENATOR DAN PATRICK: Question of the author.

SENATOR KEVIN ELTIFE: Is it on the amendment?

SENATOR DAN PATRICK: Yes.

SENATOR ROYCE WEST: Yes.

SENATOR KEVIN ELTIFE: I'll tell you what, Senator Patrick, let's let him explain the amendment and then we'll come back to you. That's my fault for recognizing you. Senator West how about you explain the amendment first and then we'll go to Senator Patrick.

SENATOR ROYCE WEST: This is an amendment that you just saw a few moments ago. You know it's that time in the session when you try to find as many vehicles as possible this deals specifically with the -- wanted to make certain that we clarify the intent as it relates to the associations offering payment plans. This amendment was requested by the homeowner -- home builders as well as the homeowner's association. Bake little says that the associations can offer a plan of no less than three months or more or up to 18 months. That's what it does.

SENATOR KEVIN ELTIFE: Senator Patrick you're recognized.

SENATOR DAN PATRICK: I may not have the right amendment then Senator West. This amendment that I have and I'll have a number on it. Is there just one amendment?

SENATOR ROYCE WEST: Yes.

SENATOR DAN PATRICK: This amendment says is not required to and may not.

SENATOR ROYCE WEST: Right.

SENATOR DAN PATRICK: Okay.

SENATOR ROYCE WEST: That's the language you need in order to do what we're talking about.

SENATOR DAN PATRICK: So the language about three months is in the bill, not in the amendment. I thought you were explaining the amendment.

SENATOR ROYCE WEST: That's what the amendment does. What the amendment does it simply clarifies the intent of the original bill which is to prohibit associations from offering payment plans of less than three months but also -- allows the association to offer plans up to 18 months. That's what it does.

SENATOR DAN PATRICK: Okay. And so is not required to and substitute may not -- what does that do in just help me -- and this is --

SENATOR ROYCE WEST: What it does it puts in place -- by doing the language that we have in the amendment, basically what it does it allows associations to offer payment plans of a minimum of three months up to 18 months and this is the language that accomplishes that.

SENATOR DAN PATRICK: And this is what we worked through in 142 and other pieces of our bill, stakeholders on board?

SENATOR ROYCE WEST: Yes.

SENATOR DAN PATRICK: I heard you say?

SENATOR ROYCE WEST: Yes.

SENATOR DAN PATRICK: Thank you.

SENATOR KEVIN ELTIFE: Thank you Senator Patrick. Senator West moves adoption of floor amendment No. 1. Is there objection? Chair hears none, floor amendment No. 1 is adopted. Following amendment. Secretary would please read the amendment.

PATSY SPAW: Floor amendment No. 2 by Wentworth.

SENATOR KEVIN ELTIFE: We'll wait until the members have the amendments in their hands. Senator Wentworth to explain the amendment.

SENATOR JEFF WENTWORTH: Thank you Mr. President. Mr. President and members, timeshare associations are very different from property owner associations. People who own timeshares have a primary resident (inaudible) and apart from their timeshare property which is typically only used for a week or two for vacation purposes every year. The Texas Timeshares Act which is section 221.003 of the property code which is administered and enforced by the Texas Real Estate Commission regulates timeshares and timeshare associations already. In conclusion of timeshares in House Bill 1821, relating to property owner's associations would lead both to confusion and duplication of regulation. Floor amendment No. 2 would clarify that timeshare interest in texas that are registered and regulated by the timeshares act are not regulated by House Bill 1821.

SENATOR KEVIN ELTIFE: Senator Patrick for what purpose?

SENATOR DAN PATRICK: Question of the author of the amendment.

SENATOR KEVIN ELTIFE: Senator Wentworth yield?

SENATOR JEFF WENTWORTH: I'm happy to yield.

SENATOR DAN PATRICK: Did this language in the amendment, was it approved in Committee?

SENATOR JEFF WENTWORTH: I should remember that but I don't. We have had so many but I don't remember. I think it was to be truthful but I couldn't 100 percent tell you that it was.

SENATOR DAN PATRICK: To the best of my recollection it was not. It was discussed but it was not accepted.

SENATOR JEFF WENTWORTH: Well, it may have been because we didn't have a quorum.

SENATOR DAN PATRICK: No, I think it was because a number of us thought it was a bad amendment. And, members, I think that this is a bad amendment on this bill because it's carving out timeshares from our HOA bill and timeshare operators have been s in effect they are HOAs and I see no reason to carve them out.

SENATOR JEFF WENTWORTH: Well, we have a difference of opinions obviously on that because I'm sponsoring this amendment and they're clearly different. I own -- or have owned a timeshare myself and they're completely different. They're worth a week or two weeks a year for a vacation. It's not a property owner's or homeowner's association where people have their principal home as a residence. Totally different. They're regulated under a separate act as I've already indicated, it's regulated by the Texas Real Estate Commission. It would be confusing in my judgment if they were included under the current bill.

SENATOR DAN PATRICK: This going to be acceptable to the author?

SENATOR JEFF WENTWORTH: My understanding is it is, yes, sir.

SENATOR DAN PATRICK: Is it going to be acceptable?

SENATOR ROYCE WEST: I was going to leave it to the will of the Senate on this issue.

SENATOR DAN PATRICK: So it's going to be left to the will of the Senate which usually interprets, Senator Wentworth, that usually means it's not acceptable to the author.

SENATOR ROYCE WEST: Well, let me say this.

SENATOR JEFF WENTWORTH: He told me it would be acceptable.

SENATOR ROYCE WEST: There is -- there's in fact a separate section for timeshares and this is not going to impact homeowner's association.

SENATOR DAN PATRICK: Well, the question I have is we did not vet this issue and -- Mr. President, could we get some order? Members, I would like you to pay attention to this amendment. You may be forward it or against it but it's carving out of timeshares of our homeowner's association bill that we have spent years on, members, and suddenly we had it last session, we had it during the interim, we had it now and suddenly Senator Wentworth wants to offer an amendment that did not pass out of committee to the best of my recollection and wants to carve out HOAs and again, Senator, you may have the votes or not have the votes, but I want to be sure that people are paying attention to this amendment. If they choose to vote for it, that's their choice but it is not I believe a good amendment to this bill. I don't know why timeshares should be carved out separately from homeowner association language that's in this bill.

SENATOR KEVIN ELTIFE: Senator Wentworth.

SENATOR JEFF WENTWORTH: Senator, I'll have to say you are correct when you talk about the years that we put in on trying to reform homeowner's associations. Senator West has been the leader in that. I've been there by his side trying to get it done.

SENATOR DAN PATRICK: As have I.

SENATOR JEFF WENTWORTH: Well, actually not all the way, Senator Patrick. As you recall at the end of the session two years ago, you were the one vote that kept us from passing the homeowners association reform bill.

SENATOR DAN PATRICK: Absolutely, Senator, the reason I was one vote because the bill we passed out of here, we spent a lot of time on went to the House and was substituted with an entirely different bill. And that's not the way I play. If we work on a bill all session and we pass it out of here unanimously as we did and it goes to the House and they constitute an entirely different bill when it comes back, that's why I stood against that bill and I'm glad I stood against that bill and killed that bill. It was not a good bill. The bill that Senator West wrote is a good bill. And I don't believe this is a good amendment. So don't try to pin on me that I put down homeowner's associations. I have been there the entire time in committee that you have been. This is a bad amendment you're trying to sneak in at the last minute in, the bill that was not vetted in committee. Period. If it passes it passes, but I was not going to let you slide it in.

SENATOR JEFF WENTWORTH: Do not accuse me of trying to sneak in an amendment that I have clearly explained and am defending now. The chairman is not opposed to this amendment.

SENATOR DAN PATRICK: He didn't say it was acceptable.

SENATOR JEFF WENTWORTH: The homeowner's association and the timeshare people can get confused unless this amendment is added. Timeshare operators are already regulated under a separate act enforced by the Texas Real Estate Commission. There is no reason for this amendment not to go on this bill.

SENATOR DAN PATRICK: Senator, with all due respect, when you sit here on the floor and try to --

SENATOR ROYCE WEST: Parliamentary inquiry.

SENATOR DAN PATRICK: -- of me trying to kill a bill and I know you're putting on an amendment at the last moment, I am going to point it out. Whether it's left to the will of the members or not. I leave it to you.

SENATOR ROYCE WEST: Parliamentary inquiry.

SENATOR KEVIN ELTIFE: Thank you, Senator Patrick. Senator West for what purpose?

SENATOR ROYCE WEST: Is this the loser pay bill or the TWIA bill? This is homeowner's association.

SENATOR KEVIN ELTIFE: Thank you, Senator West. We needed that. Senator Wentworth to close on his amendment.

SENATOR JEFF WENTWORTH: Mr. President, this is a simple amendment. And it just makes good sense. I haven't polled on the floor, it's not important enough to poll on the floor. I just hope you remember what I've already said. Timeshare operators are already regulated by the Texas Real Estate Commission. This is simply making sure that they're not confused with the bill that we're passing for necessary homeowner's association reform. Mr. President I move adoption of floor amendment number 2.

SENATOR KEVIN ELTIFE: Thank you, Senator Wentworth. Senator West on the amendment to his bill.

SENATOR ROYCE WEST: I'm going to leave it to the will of the Senate but I will be voting for it.

SENATOR KEVIN ELTIFE: Senator Wentworth moves adoption of floor amendment No. 2. Senator West leaves it to the will of the body but will be voting for it. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: Fourteen ayes, five nays, motion to adopt fails.

SENATOR JEFF WENTWORTH: Thank you Mr. President.

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

SENATOR ROYCE WEST: Mr. President at this time I move passage of third reading of Committee Substitute to House Bill 1831.

SENATOR KEVIN ELTIFE: Senator West now moves passage to third reading. Is there objection? Chair hears none, Committee Substitute House Bill 1821 is passed to third reading. Senator West you're recognized for a motion to suspend the constitutional three day rule.

SENATOR ROYCE WEST: So moved.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to House Bill 1821. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 1821 relating to certain information or guidelines prided by or concerning property owner association.

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

SENATOR ROYCE WEST: Mr. President at this time I move final passage of this highly contested HOA bill.

SENATOR KEVIN ELTIFE: Senator West --

SENATOR ROYCE WEST: Committee Substitute to House Bill 1821.

SENATOR KEVIN ELTIFE: Senator West now moves final passage of Committee Substitute to House Bill 1821. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, Committee Substitute House Bill 1821 is finally passed. Congratulations Senator West. Senator Whitmire moves to excuse Senator Ogden on matters of important business. Is there objection? Chair hears none, so ordered. Senator Davis is recognized for a motion to suspend the regular order of business on House Bill 530.

SENATOR WENDY DAVIS: Thank you Mr. President and members, I move to suspend the Senate's regular order of business to take up and consider House Bill 530. This is the bill that was voted out of the House unanimously on the local calendar. Current statute says that only a chief of police, sheriff of a county or a centralized registration authority may register sex offenders. House Bill 530 amends article 62.001 of the code of criminal procedure to expand the definition to include those who work in the office of the chief of police or the sheriff. Mr. President I move to suspend the regular order of business.

SENATOR KEVIN ELTIFE: Senator Davis moves suspension of the regular order of business to take up and consider House Bill 530. Is there objection? Chair hears none, rules are suspended. The Chair lays out on second reading House Bill 530. The secretary will read the caption.

PATSY SPAW: House Bill 530 relating to local law enforcement authority for purposes of the section offender registration program.

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 530 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.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, rule is suspended. The Chair lays out on third reading and final passage House Bill 530. The secretary will read the caption.

PATSY SPAW: House Bill 530 relating to the definition of law enforcement authority for the purposes of the sec offender registration program.

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

SENATOR WENDY DAVIS: Thank you Mr. President. I move final passage of House Bill 530.

SENATOR KEVIN ELTIFE: Senator Davis now moves final passage of House Bill 530. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, House Bill 530 is finally passed.

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

SENATOR KEVIN ELTIFE: Senator Patrick. You ready 2911? No. Senator Shapiro. You ready on 3278? Senator Shapiro is recognized for a motion to suspend the regular order of business Committee Substitute to House Bill 3278.

SENATOR FLORENCE SHAPIRO: Thank you very much Mr. President and members. House Bill 3278 relates to the membership of the Texas education agency on certain advisory committees, commissions, task forces and other similar entities. It attempts to relieve TEA of unnecessary mandates given their recent reduction in staff and funding. There are many, many advisory council type entities that TEA is required to participate on that have little or no relevance to education. Removing all of these participation requirements will allow TEA staff to better focus their efforts on education priorities. I move suspension of the Senate's regular order of business at this time.

SENATOR KEVIN ELTIFE: Senator Shapiro moves suspension of the regular order of business to take were and consider Committee Substitute to House Bill 3278. Is there objection? Chair hears none, rule is suspended. The Chair lays out on second reading committee phyt to House Bill 3278. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 3278 relating to membership of the commissioner of education and the Texas Education Agency and certain advisory committees.

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

SENATOR FLORENCE SHAPIRO: Move passage to third reading Mr. President.

SENATOR KEVIN ELTIFE: Senator Shapiro now moves passage to third reading. Is there objection? Chair hears none, Committee Substitute to House Bill 3278 is passed to third reading. Senator Shapiro is recognized for a motion to suspend the constitutional three day rule.

SENATOR FLORENCE SHAPIRO: So moved.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, Committee Substitute to House Bill 3278 is passed to third reading. Senator Shapiro is recognized for a motion to suspend the constitutional three day rule.

SENATOR FLORENCE SHAPIRO: Thank you Mr. President --

SENATOR KEVIN ELTIFE: Excuse me, we're on final passage.

SENATOR FLORENCE SHAPIRO: Thank you Mr. President. I move final passage of Committee Substitute to House Bill 3278.

SENATOR KEVIN ELTIFE: Sorry about that Senator Shapiro. Senator Shapiro now moves final passage of Committee Substitute to House Bill 3278. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 30 ayes, zero nays, Committee Substitute to House Bill 3278 is finally passed.

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

SENATOR KEVIN ELTIFE: Thank you Senator Shapiro. Senator Van de Putte is recognized for a motion to suspend the regular order of business on Committee Substitute to House Bill 1335.

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 the Committee Substitute to House Bill 335. Members this is a bill by Representative Allen that came also out of the local and consent calendar in the House and this is about the process by which a teacher may request a review for students with an individualized educational plan. This just says that the district needs to have a process in place. This will make sure that school teachers who have students with special needs will be able to better serve those students. With that I move to suspend the Senate's regular order of business.

SENATOR KEVIN ELTIFE: Senator Van de Putte moves to suspend the Senate's regular order over-business to take up and consider Committee Substitute to House Bill 1335. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute to House Bill 335. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 1335 relating to certain resources available to the teachers of public school student with a disability.

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

PATSY SPAW: Floor amendment No. 1 by Davis.

SENATOR KEVIN ELTIFE: Senator Davis to explain the amendment.

SENATOR WENDY DAVIS: Thank you Mr. President. This amendment provides parents who have students with particularly pervasive development disorders a little bit more flexibility in terms of what school their child can attend and receive the best services possible for them. It would allow the parent to choose a school within their own school district if the student is receiving public school services, is eligible to participate in the school district special education program and has been diagnosed by a doctor with a pervasive developmental disorder or intellectual disability. I believe it's acceptable to the author.

SENATOR KEVIN ELTIFE: Senator Harris for what purpose?

SENATOR CHRIS HARRIS: Will the Senator yield?

SENATOR KEVIN ELTIFE: Will Senator Davis yield.

SENATOR WENDY DAVIS: Yes of course.

SENATOR CHRIS HARRIS: Senator Davis, did the this go through as a separate bill?

SENATOR WENDY DAVIS: Actually there's a to rid -- a very long story about this bill, Senator Harris. This bill actually started out as a contract services bill which would have allowed parents of children with pervasive development disorders to contract to take their dollars out of the public school system and go seek private services through the official needs of that child. We actually have the support to get that out of committee. We have substituted this for it because this was a much more watered down version of it. At the last moment --

SENATOR CHRIS HARRIS: Did that Senate Bill pass the Senate?

SENATOR WENDY DAVIS: I'm trying to explain it to you. I actually, no, never requested that it be move out --

SENATOR CHRIS HARRIS: I think that basically calls for a yes or no answer, ma'am. I didn't ask for an explanation. I asked did it or did it not.

SENATOR WENDY DAVIS: Senator Harris, no, it did not. I never asked for it to be moved out of committee.

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

SENATOR FLORENCE SHAPIRO: To ask the author of the amendment a question.

SENATOR KEVIN ELTIFE: Senator Davis yield?

SENATOR WENDY DAVIS: Yes, of course, Senator Shapiro.

SENATOR FLORENCE SHAPIRO: Senator Davis, let's talk about this for just a minute because I think it's a really important piece of legislation. What you are trying to do in this amendment is a bill. It has been in many different forms in education because we were trying to get something that we could get out of committee; is that correct?

SENATOR WENDY DAVIS: That's correct.

SENATOR FLORENCE SHAPIRO: And in its forms all different forms you worked with even that you possibly could to bring something forward for this particular group of students that if in fact their parents believe they are not getting the kind of education that they need that they can go for help, it may be for a couple of years it. We don't know how long but they can go to the private sector and they can get some assistance but they're not allowed or they're not capable of doing finally now; is that correct?

SENATOR WENDY DAVIS: That was the original concept of the bill, yes.

SENATOR FLORENCE SHAPIRO: And this bill at this time says that you can only go from district to district.

SENATOR WENDY DAVIS: You can only choose to go to a school within your own school district, that's correct.

SENATOR FLORENCE SHAPIRO: That doesn't have anything to do with going into the private sector and actually utilizing state money to go to the private sector; is that correct?

SENATOR WENDY DAVIS: That's correct, thank you.

SENATOR FLORENCE SHAPIRO: So this was the second generation.

SENATOR WENDY DAVIS: Yes.

SENATOR FLORENCE SHAPIRO: Not the third generation of what we were doing.

SENATOR WENDY DAVIS: That's correct.

SENATOR FLORENCE SHAPIRO: And this is the one I told you I thought the problem with that is the school districts themselves would probably be overloaded so to speak for those school districts who are just doing a fantastic job and everybody knows they are doing a fantastic job, those are the ones that the parents would want to send their students to in that particular school district, correct?

SENATOR WENDY DAVIS: That's correct. And what we did to address that Senator Shapiro -- I'm sorry -- if I can find the language here. It says that if a campus has more application for attendance --

SENATOR FLORENCE SHAPIRO: I'm sorry, can you tell me on what page and what line.

SENATOR WENDY DAVIS: Page two line 25. A campus that has more applications for attendance under the subchapter than available positions muse fill the available positions in the order the campus receives the plaintiff's exhibits? Determining the number of available positions a campus may consider staff needs and facility space and so if they don't have the staff and if they don't have the facility they may turn away the student because they simply don't are the capability of taking the student and they would only take them in the order in which the application would take them to the campus.

SENATOR FLORENCE SHAPIRO: Have you had any feedback from school districts on this?

SENATOR WENDY DAVIS: Yes, we have and the school districts are fine with it.

SENATOR FLORENCE SHAPIRO: I don't think so.

SENATOR WENDY DAVIS: We have with TASFE and TASFA. I don't see my education person standing here. But we did not have push back from TASFE or TASFA. We worked with them and we included the language to that it allowed flexibility to the school if they didn't have the space or the resources to take the child then they were okay with it.

SENATOR FLORENCE SHAPIRO: Well, the problem withs that is that at some point in time, it's very easy for a school district to say, I'm sorry we don't have the space or we don't have the teacher capacity so that doesn't really do very much. It gets the parents hopes up in thinking they will get their student into another school that happens to be a little bit better at special needs students and only to find that they want to come and they get rejected.

SENATOR WENDY DAVIS: My hope that a school within a school district that the child is attending because this isn't allowing a child to go select a district that's clear across the county but only allowing a child to choose a school within their own school district and obviously those school district resources start at one central place and are spread throughout the hope that what will happens a these programs become the programs that are most attractive to parents with these children with official needs that at that place at the top they'll see that and understand that and begin to provide the resources that are necessary to that they more gnarls these services to these kids and I don't think a school district would turn a school within a school district would turn a child away simply to do so. I do believe they would only do it if they didn't have the resources and facility space in order to make that happen.

SENATOR FLORENCE SHAPIRO: I happen to think under current law from transferring from one school in a district to another is fairly simple and can be done just about -- I mean, if they have the space, it can be done today. I know in our community some schools have particular programs that are better than other schools and to they ask for transfers. It happens all the time. How would this be different from public policy that currently exist in TEA and law?

SENATOR WENDY DAVIS: This allows a little more flexibility on the side of the parent rather than on the individual school making a decision on whether the child can leaf that school to eke a service within another school and if you've in the bill what it says in order for the child to be eligible for it, the child would have to have been diagnosed, this is also on page two line six have been diagnosed with a pervasive developmental disorder or developmental disability and those are defined in the education code and then the school district and the student would review each year the continued applicability of the student's original diagnosis and their eligibility for participation in the program. Then on line 15 it gives kind of a process where by a school district and the parent disagree about whether the child should be able to seek the services within another school in their district it would allow for a diagnosis by a second medical doctor to be the determination factor on whether they really need that had service.

SENATOR FLORENCE SHAPIRO: What you have written here is not a problem, I understand that. The concern I have is that current law did not prevent a parent from going to another school, they do it all the time. What's different in this amendment, in this bill than what current law does. It's a parent's right to go to a school district and -- why we may not be in that zone but here are the reasons I want to do that. What changes from this amendment?

SENATOR WENDY DAVIS: It gives the parents a little bit more power than they currently have today in terms of the decision making process and what we are being told by parents who are grappling --

SENATOR FLORENCE SHAPIRO: I'm sorry.

SENATOR WENDY DAVIS: What we are being told by parents who are parents of children with these needs that it isn't always working as ideally as they wish it would. I think we believe that makes common sense and that a school district would just automatically allow manage like this to happen and it isn't the case and it seems and this is to provide the smallest amount of another tool in the tool kit for the parent to be able to use.

SENATOR FLORENCE SHAPIRO: Well, you know how I feel about this particular group of students I mean my heart is right where yours is and the work you have put into this has been incredible, trying to find a middle ground trying to find something, anything that would give capabilities that may be are not there now for parents and for some -- I just don't believe this is the right tool yet in the tool box so with all due respect I will be voting no. I think this as you have found and I have found over many many years is a very, very difficult thing to maneuver and to try to find help for and I think this is just another layer of government that probably is already in the law and is just a way to try to find very, very few exceptions to that. So with all respect, I'll be voting no but thank you for all the work that you did because it was amazing and we all owe you a great debt of gratitude for bringing this to the forefront.

SENATOR WENDY DAVIS: Thank you I appreciate that very much.

SENATOR KEVIN ELTIFE: Thank you Senator Shapiro. Senator Deuell for what purpose?

SENATOR BOB DEUELL: Ask the author of the amendment some questions.

SENATOR KEVIN ELTIFE: Senator Davis yield?

SENATOR WENDY DAVIS: Of course I do.

SENATOR BOB DEUELL: Senator Davis thank you bringing these children up for discussion. Just listening to people tack over here about the amendment you aid that this would not provide a vouch for any means for machine in public schools to go to a private entity that true?

SENATOR WENDY DAVIS: I did a bill like that Senator Deuell but I've completely withdrawn that and this is the replacement of that bill.

SENATOR BOB DEUELL: Actually I think Senator Shapiro and I coauthored the bill in previous session to that effect but can these children go from district to district or only within a school, within a district?

SENATOR WENDY DAVIS: Only to another school within the district under the terms of this bill.

SENATOR BOB DEUELL: Now, the children with diseases mentioned here and I won't go through them they're required by law under the Americans with Disabilities Act, to get special education to fit their particular needs; is that right?

SENATOR WENDY DAVIS: That's correct.

SENATOR BOB DEUELL: So if the school is already doing that, I don't mean this as a negative question but what problem is being solved in districts are already being required by law to do it and they're required to do it for children. What problem did this solve?

SENATOR WENDY DAVIS: It's is a very good question and you probably realize this if you coauthored with Senator Shapiro sometime ago for the child to seek that service outside the school district. I think what you probably already come to understand that through the hard process where parens are negotiating with the school district to receive the services that their child needs. If their child is one with very severe special needs such as severe needs such as severe pervasive spectrum autism disorder, the cost of providing both the educational and the therapeutic treatment for that child the combination of those two -- and as a doctor I'm sure you understand it's trying to take a child and place them in a capacity where they can learn to learn but they often come into the school district and they literally don't have the tools to be able to do that. The cost of handling that need can be overwhelming for a school district. You know 40, 50, $60,000 worth and what will typically happens if a parent is successful in that resolution of that dispute with a school district, the school district actually has to contract with a private service provider if they're not providing it themselves so that a child can receive those services. As yo can imagine when we're talking about 40, 50, $60,000 for a child where the current way that maybe 5,000 or 6,000 that a school district is paying per child it unfortunately colors the decision by the school district because their ability to fund that need really is quite a challenge and oftentimes it plays into the school district's decision about whether to say yes or no in terms of the child going to that private service where the school district would have to foot the bill. What this tries to recognize and this is a direct consequence of parents coming to us and saying within our own school districts there are some schools that are doing a much better job than others are of special needs programs that they've pleasured for children and this simply allows for a parent to make a decision to transfer to that other public school within the district to receive services where one school is doing quite frankly a better job than another school is in terms of addressing these special needs.

SENATOR BOB DEUELL: Well, don't districts do that, they'll say, well you live over here but we have a school on the other side of the district and I know it would be an inconvenience for you to travel to maybe have the child go there, but they will let them do that. I'm kind of with you on the thought of what you want to do but I kind of -- I'm not sure what problem -- are you saying that there's some districts that will they have good programs for these children but then they'll tell a given child but yours doesn't qualify and I'm just trying to get a feel for what problem is solved.

SENATOR WENDY DAVIS: Sure. And I am just trying to give a voice to what parents of severe spectrum autism children in particular are telling me about the problems that they face when they've tried to do this sort of thing. What they're saying is they're met with resistance where a school district doesn't want to allow inter district transfers and intra district transfers.

SENATOR BOB DEUELL: Even though they're treating kids with similar disabilities?

SENATOR WENDY DAVIS: Correct. Correct. I think sometimes there's defensiveness within the district about each individual school's ability to handle the special needs of a child and you and I both know as parents who have raised children we probably know better than a principal at a particular school whether our child's needs are best going to be met within that school or within another school particularly where we have a child that has this kind of a special need and this is to simply give that little bit of extra deference to the parent in the decision making where the parent believes that it truly would be better for their child to be given the services for those needs at another school within the school district.

SENATOR BOB DEUELL: Do you think we've established that it would not be a transfer from district to district but district to private entity although a district might have to contract with a private entity to provide those services. But doing this is going to impose additional cost to school districts or --

SENATOR WENDY DAVIS: I do not believe it is been if you'll look at the bottom of page two line 25 a campus that has floor applications for attendance under this subchapters than available positions must fill the available positions in the in order the campus receives the application meaning they only have to takes a many applications for students to attend their program as they're able to fulfill and it also says that in determining the number of available positions they may consider the staff they have available and the facility space that they have available so that it's not requiring them to hire any extra staff or to enlarge their facility space. Simply because they happen to have a fantastic program and a lot of parents want to come to it they are allowed to say, no, we don't have room for your child.

SENATOR BOB DEUELL: What happens then under law a school district's acknowledged that it has a really good program, parents think that it's a really good program and then they don't hae room but the parents want them to go there. What happens then?

SENATOR WENDY DAVIS: What the district is supposed to do is within the school that the child is already attending either provide that service or give the parent the resources to take their child to a private setting where the service can be administered and --

SENATOR BOB DEUELL: Under current law.

SENATOR WENDY DAVIS: Under current law.

SENATOR BOB DEUELL: What did this do.

SENATOR WENDY DAVIS: And under current law -- Senator Deuell, I've heard from so many parents who have said as it's established today it simply isn't working and they're so frustrated and their children are literally being left in the dark when they have such an opportunity if they have the right educational therapeutic combination of a program they have such an opportunity to move out of that darkness that they're currently? And to become thriving students that would once again return to their home school but because school districts can little afford the resources oftentimes even though the parent believes that they have sufficiently demonstrated under the laws, under the federal law that their child should be granted those particular services school districts are saying no and they're saying no unfortunately because they have been put in a position not really having the resources to deal with it not because the child really doesn't need the service.

SENATOR BOB DEUELL: And this bill makes them say yes?

SENATOR WENDY DAVIS: It only makes them say yes in terms of making them go to an already existing published program within their school district. That's all it does and even within that existing program if they don't have enough staffing or enough facility space to take this child they can still say no.

SENATOR BOB DEUELL: Then what happens.

SENATOR WENDY DAVIS: And then unfortunately what these parents will tell you is their child becomes under served. There's so many children in the state of Texas, Senator Deuell, today with severe spectrum autism disorder who are being absolutely under served in our public school districts.

SENATOR BOB DEUELL: Well, I agree and that's what happened in the more rural school districts with even more limited research or resources, especially under the target revenue hold harmless that the school districts really can't provide the services even when they wanted to and we thought that a voucher would give them the opportunity to go to a different school district or private entity. Thank you, Senator Davis.

SENATOR WENDY DAVIS: Thank you Senator Deuell.

SENATOR KEVIN ELTIFE: Thank you. Senator Davis has moved adoption of floor amendment No. 1. Senator Van de Putte on floor amendment inform one.

SENATOR LETICIA VAN DE PUTTE: Thank you Mr. President. Senator Davis I know our committee went through several hearings on your original bill and there is one what we looked at in that last committee hearing.

SENATOR WENDY DAVIS: That's correct, Senator.

SENATOR LETICIA VAN DE PUTTE: And I had some concerns about campuses or school districts that wouldn't have the capacity. So I want to thank you for taking the suggested languages that is now on page two of your amendment line 29 in meeting with school districts they just wanted to make sure they could set how many lots there were. I also wanted to let you know in discussion with school districts some school districts said this was very helpful to them in the fact they could consolidate at one or two schools the types of services so it would be needed. Now, I know that we do have difficulty in the rural areas or school districts where they have may be one high school, one or two, Jr. highs and maybe a couple of elementaries but from what I see your amendment, that it puts the weight a little bit more on the parent of an eligible student. Right now all of the decision and very much it is with the school district and to I believe this helps our parents Senator Davis we haven't done much this legislative session for parents and that are children who have a broad spectrum of autism. We had a watershed year in 2009 thanks to the work of Senator Shapiro, Senate Lucio, we had good work that began in 2007 but we haven't had very much success this year on anything that would be really meaningful for our families and parents who have students with autism and for that reason it is acceptable to me. I will be voting for it but I know there are other members that may feel otherwise but thank you for at least taking the concerns that I had originally.

SENATOR WENDY DAVIS: Thank you, Senator.

SENATOR LETICIA VAN DE PUTTE: With that, I will accept but I know there's probably discussions. Thank you Mr. President.

SENATOR KEVIN ELTIFE: Members Senator Davis moves adoption of floor amendment No. 1. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 17 ayes, 13 nay, floor amendment number 1 is adopted.

SENATOR WENDY DAVIS: Thank you very much members.

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

SENATOR LETICIA VAN DE PUTTE: Mr. President I'm advised that Senator Patrick has an amendment that is --

SENATOR KEVIN ELTIFE: On this bill.

SENATOR LETICIA VAN DE PUTTE: That is coming or is being printed.

SENATOR KEVIN ELTIFE: Okay, we'll hold for one minute. Maybe it will be as fast as the last one. The following amendment. Floor amendment No. 2. Secretary please read the amendment.

PATSY SPAW: Floor amendment No. 2 by Patrick.

SENATOR KEVIN ELTIFE: Senator Patrick to explain the amendment.

SENATOR DAN PATRICK: Yes, Mr. Chairman and Mr. President and members I believe this is acceptable to the author. This is a bill we passed out, this simply is a model form created for IP which will save school districts thousands of dollars. Currently they take a different form every year from different vendors. This will have one current form from the vendors and save the districts thousands of dollars each year.

SENATOR KEVIN ELTIFE: Senator Van de Putte on floor amendment No. 2.

SENATOR LETICIA VAN DE PUTTE: Yes Mr. President if you will just note the first line says 1334, if we can handwrite in there 1335 and I think that's just a technical that E&E can clean up. This is manages that a great bill and we have passed it, it is acceptable.

SENATOR KEVIN ELTIFE: Members we'll note that on the amendment we'll scratch through 1334, this amendment amends House Bill 1335. Senator Patrick moves adoption, Senator Van de Putte says it's acceptable. Is there any objection to the adoption of floor amendment No. 2. The amendment is adopted. Senator Van de Putte you're recognized for a motion.

SENATOR LETICIA VAN DE PUTTE: Thank you Mr. President and members, I move that we pass Committee Substitute to House Bill 1335 as amended to third reading.

SENATOR KEVIN ELTIFE: Senator Van de Putte moves passage to third reading. Is there objection? Chair hears none, Committee Substitute House Bill 1335 as amended is passed to third reading. 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: The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 29 ayes, one nay, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to House Bill 1335 as amended. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 1335 relating to certain resources available to public school teachers with a student with a public disability.

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

SENATOR LETICIA VAN DE PUTTE: Move final passage.

SENATOR KEVIN ELTIFE: Senator Van de Putte moves final passage of Committee Substitute to House Bill 1335 as amended. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 29 ayes, one nay, Committee Substitute to House Bill 1335 as amended is finally passed. Congratulations Senator Van de Putte.

SENATOR LETICIA VAN DE PUTTE: Thank you Mr. President. Thank you for your patience members.

SENATOR KEVIN ELTIFE: Senator Nichols you ready on 1969? Senator Nichols is recognized for a motion to suspend the regular order of business House Bill 1969.

SENATOR ROBERT NICHOLS: Thank you Mr. President I move to suspend the regular order of business to take up and consider House Bill 1969. This bill with addition of the amendment which I've sent forward clarifies that manure is not a fertilizer simply because an annual representative analysis required by regulatory agency. As long as no specific claims are made regarding compact levels of nutrients it should retain its characterization of a soil supplement. I have a floor amendment as I said. I move suspension of the Senate's regular order of business.

SENATOR KEVIN ELTIFE: Senator Jackson, for some reason I just knew you were going to want to be recognized. For what purpose?

SENATOR MIKE JACKSON: The acoustics in here are a little bit bad. I was wondering -- I couldn't exactly heard. I heard something about nutrients s and fertilizers, would Senator Nichols yield and maybe explain his bill?

SENATOR KEVIN ELTIFE: Will Senator Nichols yield?

SENATOR ROBERT NICHOLS: Yes, I will. Did that include explain or just yield?

SENATOR KEVIN ELTIFE: I believe he would like it reexplained.

SENATOR ROBERT NICHOLS: In the production of chickens and cattle and swine, there are byproducts that need to be dealt with and the right now a lot of these are sold in bulk, they go by, people put them in their soil it adds supplemental that are very valuable, it's important to the industry and there is a concern that if you try to go out and compete with the fertilizer industry you actually have to state the level of actual nutrients that are in that sample then you have to go and do additional testing and stuff but the bill along with the amendment clarifies that if you do not have to go out and claim it's fertilizer and do not claim that it has certain nutrient levels then you should be able to sell it in bulk to people for their soil.

SENATOR MIKE JACKSON: And this deals with what did you say chicken, beef and did you say swine?

SENATOR ROBERT NICHOLS: Yes, swine.

SENATOR MIKE JACKSON: Is that what your amendment is doing adding swine?

SENATOR ROBERT NICHOLS: Animal byproducts.

SENATOR MIKE JACKSON: All animal byproducts?

SENATOR ROBERT NICHOLS: Yes, those used in agricultural.

SENATOR MIKE JACKSON: Really, all of them?

SENATOR ROBERT NICHOLS: Enough that it's significant enough that we needed to have a bill to fix it.

SENATOR MIKE JACKSON: And doing this is a product that we could spread around Texas without regular any kind of real knowing verification of what --

SENATOR ROBERT NICHOLS: I think we have it in Texas already but I don't think the nutrient is significant enough that we need to over regulate this tri.

SENATOR MIKE JACKSON: Okay. Thank you Senator Nichols.

SENATOR KEVIN ELTIFE: Thank you, Senator Jackson. Senator Nichols has moved suspension of the regular order of business to take up and consider House Bill 1969. Is there objection? Chair hears none, rules are suspended. The Chair lays out on second reading Committee Substitute to House Bill 1969. The secretary will read the caption.

PATSY SPAW: House Bill 1969 relating to applicability of commercial fertilizer regulations to a substance containing animal manure.

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

PATSY SPAW: Floor amendment No. 1 by Nichols.

SENATOR KEVIN ELTIFE: Senator Nichols to explain the floor amendment.

SENATOR ROBERT NICHOLS: Members, the amendment just clarifies that manure is not a fertilizer simply because an annual representative analysis acquired by regulatory agency as long as no specific claims are made regarding compact levels of nutrients within the manure it how old retain its characterization as a soil supplement.

SENATOR KEVIN ELTIFE: Senator Seliger for what purpose?

SENATOR KEL SELIGER: Question of the sponsor Mr. President.

SENATOR KEVIN ELTIFE: Senator Nichols yield?

SENATOR ROBERT NICHOLS: I yield.

SENATOR KEL SELIGER: This is an important question, Senator, because the potential presence of such substance in this chamber but I would appreciate your attention to line 13 of the amendment. Would you please tell us what manipulated manure is?

SENATOR ROBERT NICHOLS: I can tell you I'm not an expert in this particular industry but I think I have seen it before.

SENATOR KEL SELIGER: I don't think it requires expertise.

SENATOR ROBERT NICHOLS: I think I'm seeing it right -- no, I am not seeing it right now but manure can be manipulated in different ways.

SENATOR KEL SELIGER: How can it be manipulated exactly?

SENATOR ROBERT NICHOLS: I'm not exactly sure how they manipulate it, I think they mix things with it and stir it around.

SENATOR KEVIN ELTIFE: Thank you Senator Seliger.

SENATOR KEL SELIGER: Thank you to the manure whisperer.

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

SENATOR ROBERT NICHOLS: Mr. President and members I move passage of House Bill 1969 as aimed to engrossment.

SENATOR KEVIN ELTIFE: Senator Nichols moves passage to third reeding. Is there objection? Chair hears none, Chair hears none, House Bill 1969 is passed to third reading. Senator Nichols you're recognized for a motion to suspend the constitutional three day rule.

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

SENATOR KEVIN ELTIFE: The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 30 ayes, and zero nay, rule is suspended. The Chair lays out on second reading House Bill 1969. The secretary will read the caption.

PATSY SPAW: House Bill 1969 relating to applicability of commercial fertilizer regulations.

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

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

SENATOR KEVIN ELTIFE: Senator Nichols now moves final passage of House Bill 1969 as amended. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 30 ayes, zero nay, House Bill 1969 as amended is finally passed. Congratulations Senator Nichols.

SENATOR ROBERT NICHOLS: Thank you Mr. President and members especially Senator Jackson.

SENATOR KEVIN ELTIFE: Chair recognizes Senator Patrick on House Bill 2911. Senator Patrick you're recognized for a motion to suspend the regular order of business on House Bill 2911.

SENATOR DAN PATRICK: Thank you Mr. President and members, this was no previously bedded and passed unanimously out of higher Ed. This basically allows our nonprofits who are making loans today to students going to school. It gives them the authority, changes the code so they can fill in the gap of a federal loan that the federal government has taken oaf and the amount of money they need to go to school they already have the bonding authority to provide the money over to the four companies. I move to suspend the regular order of business.

SENATOR KEVIN ELTIFE: Senator Patrick moves suspension of the regular order of business to take pup consider House Bill 2911. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading House Bill 2911. The secretary will read the caption.

PATSY SPAW: House Bill 2911 relating to student loans and alternate education loans.

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

SENATOR DAN PATRICK: Move to engrossment.

SENATOR KEVIN ELTIFE: Senator Patrick now moves final third reading. Is there objection? Chair hears none, House Bill 2911 is passed to third reading. Senator Patrick you're recognized for a motion to suspend the constitutional three day rule.

SENATOR DAN PATRICK: So moved.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 30 ayes, zero nays, rule is suspended. The Chair lays out on third reading and final passage House Bill 2911. The secretary will read the caption.

PATSY SPAW: House Bill 2911 relating to guaranteed student education loans and alternative education loans.

SENATOR KEVIN ELTIFE: Senator Patrick you're recognized.

SENATOR DAN PATRICK: Move final passage.

SENATOR KEVIN ELTIFE: Senator Patrick now moves final passage of House Bill 2911. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 29 ayes, one nay, House Bill 2911 is finally passed.

SENATOR DAN PATRICK: Thank you Mr. President, thank you members.

SENATOR KEVIN ELTIFE: Congratulations Senator Patrick. Senator Estes, you're recognized for a motion to suspend the regular order of business on Committee Substitute to House Bill 1616.

SENATOR CRAIG ESTES: Thank you Mr. President and members. Members I move to suspend the regular order of business and take up and consider House Bill 1616. Members this bill requires office holders candidate and candidates to report to their campaign finance reports any credit, interest, rebate, refund reimbursement or return of a deposit fee that exceeds 100 thars that's schedule K of the form. They also are to report any proceeds of the sale of an investment purchased with the political contribution that exceeds $100 and any other gain received from political contribution that exceeds $100 and it changes the reporting threshold for political contribution from 50 to $100. The bill also allows for revision in a semi annual report up to eight days after the original report is filed if the amended report is made before any complaint is filed with regard to the subject of the amended report. Finally the bill would rerise the procedures for dismissal of complaints and political reports made to the commission if the complaint pertains to the name and address of a contribution provided that the name and address of the contribution matches what is on the report and let me give you an example of that let's say a Robert Smith at 123 Main Street, and on that that check it says Bob Smith Post Office Box 123 and you include that information on the ethics report with the commission they will conclude that's an accurate report if you reported what was on the check. And so with that if there are no questions I move to suspend the regular order of business.

SENATOR KEVIN ELTIFE: Senator Ellis for what purpose?

SENATOR RODNEY ELLIS: Ask Senator Estes a couple of questions.

SENATOR KEVIN ELTIFE: Senator Estes yield?

SENATOR CRAIG ESTES: Happy to yield.

SENATOR RODNEY ELLIS: Thank you, I've gotten some calls and before we suspend I want to know if you are going to offer or take any of the amendments that were offered on the House side some of which were very controversial.

SENATOR CRAIG ESTES: My plan --

SENATOR RODNEY ELLIS: I can get you a list if you want me to.

SENATOR CRAIG ESTES: I do not have any amendments that I am going to offer and if there's any amendments other members are going to offer I don't know about it.

SENATOR RODNEY ELLIS: Okay.

SENATOR CRAIG ESTES: I don't know if there are any filed or not.

SENATOR KEVIN ELTIFE: We do not have any amendments up here on this bill.

SENATOR CRAIG ESTES: None filed. My plan is to do this with no amendments I think it's a real good bill the way it is.

SENATOR RODNEY ELLIS: Well, I would think of one or two amendments if member wants to offer I just want to make sure you're not going to --

SENATOR CRAIG ESTES: As soon as you do Senate there will be others.

SENATOR RODNEY ELLIS: Consensus, to I wouldn't are a problem with you taking some consensus amendments meaning by 212730 in case member wants to off them Senator Fraser.

SENATOR CRAIG ESTES: I think it's a great bill and there's no amendments right now to let's just pass it out of here.

SENATOR RODNEY ELLIS: U the.

SENATOR KEVIN ELTIFE: Thank you, Senator Ellis. Senator Estes has moved suspension of the regular order of business to take excuse me consider Committee Substitute to House Bill 1616. Is there objection? Chair hears none, rule is suspended. The Chair lays out on Committee Substitute to House Bill 1616. The secretary will read the caption.

PATSY SPAW: Me constitute to House Bill 1616 relating to the reporting of political contribution.

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

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

SENATOR KEVIN ELTIFE: Senator Estes u moves passage to third reading. Is there objection? Chair hears none, Committee Substitute to House Bill 616 is passed to third reading. Senator Estes you're recognized for a motion to suspend the constitutional three day rule.

SENATOR CRAIG ESTES: Low and behold there is an amendment Mr. President.

SENATOR KEVIN ELTIFE: Senator Estes we're going to come back to you on this bill.

SENATOR CRAIG ESTES: All right we're just about ready to -- could we come back to it in just to you know I'll pull it town right now and I think we're working on a bipartisan amendment Mr. President.

SENATOR KEVIN ELTIFE: Chair is excited about that.

SENATOR CRAIG ESTES: Thank you Mr. President.

SENATOR KEVIN ELTIFE: Senator Davis. Senator Davis. Senator Davis you ready on 2707. Senate Davis is recognized for a motion to suspend the regular order of business on House Bill 2707.

SENATOR WENDY DAVIS: Thank you Mr. President I hue to suspend the Senate's regular order of business to take up and consider House Bill 2707. House Bill 2707 gives the TABC the ability to refuse a renewal permit on alcohol consumption if it finds that a permit or license holder previous permit or license was canceled or not renewed in the previous three years stew to a hooting, tabbing or other violent about. The bill applies only to bars not to restaurants. Mr. President I move to suspend the regular order of business.

SENATOR KEVIN ELTIFE: Senator Davis moves u intention of the regular order of business to take up and consider House Bill 2707. Is there objection? Chair hears none, the rules are suspended. The Chair lays out on second reading House Bill 2707. The secretary will read the caption.

PATSY SPAW: House Bill 2707 relating to the holding of an pres in certain alcoholic bench licensing.

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 huh moves passage to third reading. Is there objection? Chair hears none, House Bill 2707 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.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 29 ayes, two nays, the rule is suspended. The Chair lays out on third reading and final passage House Bill 2707. The secretary will read the caption.

PATSY SPAW: House Bill 2707 relating to the holder of an breaks in certain alcoholic bench license.

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

SENATOR WENDY DAVIS: Thank you Mr. President. I move final passage of House Bill 2707.

SENATOR KEVIN ELTIFE: Senator Davis now moves final passage of House Bill 2707. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 29 ayes, two nays, House Bill 2707 is finally passed. Congratulations Senator Davis.

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

SENATOR KEVIN ELTIFE: Senator Van de Putte you're recognized for a motion to suspend the regular order f business House Bill 2093.

SENATOR LETICIA VAN DE PUTTE: 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 2093 by Representative Thompson. Member this is deals with consolidated insurance programs or sips which is insurance programs in which a principal usually the owner or general contractor provides insurance conch that are bundled under one insurance program for a single construction project or multiple construction projects. Oftentimes the SIP does not include completed operational coverage, leaving the subcontractor without the coverage of statute of report, which is zero years. This bill would require that a consolidated insurance program provide completed operations insurance coverage for a period of no less than three years and the carriers and the agents believe that the three years is a reasonable number for the required insurance in this market but a carrier can still offer completed operations coverage for the duration of the constitute proposed. The bill simply sets a floor of three years in offering coverage. 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 House Bill 2093. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading House Bill 2093. The secretary will read the caption.

PATSY SPAW: House Bill 2093 relating to operation and regulation of certain consolidated insurance programs.

SENATOR KEVIN ELTIFE: Following amendment. Would the secretary please read the amendment.

PATSY SPAW: Floor amendment number1by Duncan.

SENATOR KEVIN ELTIFE: Senator Duncan to explain floor amendment No. 1.

SENATOR ROBERT DUNCAN: Thank you Mr. President and members. This is a bill that we passed out of here earlier this session dealing with an anti-indemnity. This is a bill that provides that it would be against the public policy of the at a time for companies to require or owners in general contractors to require an indemnity contract that the Senate Bill contractors indemnify the contract for the contractor's own negligence. It went over to the House. There were concerns about whether industries should be involved. We have removed the cities, we have also removed copyrights and home builders so the bill is fairly limited to the scope of who it applies. So with that explanation I would move adoption of floor amendment No. 1 to House Bill 2093.

SENATOR KEVIN ELTIFE: Senator Van de Putte on floor amendment No. 1.

SENATOR LETICIA VAN DE PUTTE: Mr. President the amendment is acceptable.

SENATOR KEVIN ELTIFE: Senator Duncan moves adoption of floor amendment No. 1. It is acceptable to be to Van de Putte. Is there objection? Chair hears none, floor amendment No. 1 is adopted. Thank you Senator Van de Putte. What's the problem? Absolutely. What -- please come forward. Just register your no's. Senator Van de Putte we need to recognize you for a motion. Senator Van de Putte you're recognized for a motion.

SENATOR LETICIA VAN DE PUTTE: Move passage to third reading.

SENATOR KEVIN ELTIFE: Senator Van de Putte moves passage to third reading. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: Seventeen ayes, 12 nay, House Bill 2093 is passed to third reading. Thank you Senator Van de Putte. Senator Estes you're recognized for a motion to suspend the constitutional three day rule on Committee Substitute to House Bill 1616.

SENATOR CRAIG ESTES: Mr. Chairman my colleague is still working on an amendment so come back to us.

SENATOR KEVIN ELTIFE: Thank you Senator Estes. Senator Jackson 1839. Senator Jackson is recognized for a motion to suspend the regular order of business on House Bill 1839.

SENATOR MIKE JACKSON: Thank you Mr. President, House Bill 1839 deals with career schools or career colleges and as ones that offer a postsecondary program or instruction that may lead to an academic professional or vocational degree, certificate or other recognized education. Educational credential. But however because of the word post secondary is not defined in the code the worker's comp commission attorneys don't will a clear direction in choosing which courses are to be considered as offered by career schools or just vocational organization. This bill sets out a list of nine post secondary education things that we don't think are relate today career college and it exempts those. Those are dance, music, martial arts, yoga, physical fitness, horseback riding, riflery, sewing or knitting, or sports courses. And if there's no questions I'd move to suspend the regular order of business to take up House Bill No. 1839.

SENATOR KEVIN ELTIFE: Senator Jackson moves is suspension of the regular order of business to take up and consider House Bill 1839. Is there objection? Chair hears none, rules are suspended. The Chair lays out on House Bill No. 1839. The secretary will read the caption.

SENATOR MIKE JACKSON: I move passage to -- oh I'm sorry.

PATSY SPAW: House Bill No. 1839 relating to excluding and providing recreational classes that do not lead to a recreational credential.

SENATOR KEVIN ELTIFE: Senator yak on is recognized for a motion.

SENATOR MIKE JACKSON: Can I move passage to third reading Mr. President.

SENATOR KEVIN ELTIFE: Senator Jackson now moves passage to third reading. Is there objection? Chair hears none, House Bill 1839 is passed to third reading. Senator Jackson is recognized for a motion to suspend the constitutional three day rule.

SENATOR MIKE JACKSON: So moved Mr. President.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 30 ayes, no nays, the rule is suspended. Chair lays out on third reading and final passage House Bill 1839. The secretary will read the caption.

PATSY SPAW: House Bill 1839 relating to excluding a provider of recreational classes that do not lead to a recreational credential of a career school or college.

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

SENATOR MIKE JACKSON: I move final passage of House Bill 1839.

SENATOR KEVIN ELTIFE: Senator Jackson now moves final passage of House Bill 1839. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 30 ayes, zero nays, House Bill 1839 is finally passed. Congratulations Senator Jackson.

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

SENATOR KEVIN ELTIFE: Senator Deuell you ready in Senator Deuell's recognized for a motion to suspend the regular order of business Committee Substitute to House Bill 411.

SENATOR BOB DEUELL: Thank you Mr. President. Members I move to suspend the Senate's regular order of business so that we can take up and consider at this time the Committee Substitute to House Bill 411. This bill deals with the state's newborn screening program. It requires the commissioner of the department of state health services as well as the institutional review board to approve samples used in health programs and any other public health testing procedures. The approved uses must be adopted on the newborn screening page on the department's web site. The commissioner can approve of the disclosure only for public health purposes and not for the use of careening information and forensic science cases or health insurance underwriting. Also the institutional review board will now have to include three people not affiliated with a health agency and one must be a member of the public. It would ensure that parents can revoke consent at any time as can their children when they reach decision making age. The bill will also allow a one time blanket opt in consent for research studies using D identified data and that will begin in June 2001 in order to increase education on these changes. Membes, the newborn screening program has had lot of controversy but the program itself is extremely important. I believe this is a balanced approach that deals with the concerns while still keeping the program strong. I move suspension.

SENATOR KEVIN ELTIFE: Senator Deuell moves suspension of the regular order of business to take up and consider Committee Substitute to House Bill 411. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute to House Bill 411. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 411 relating to confidentiality of newborn careening information.

SENATOR KEVIN ELTIFE: Senator Deuell --

SENATOR BOB DEUELL: There is an amendment Mr. President.

SENATOR KEVIN ELTIFE: Thank you Senator Deuell quare correct. The following amendment. Secretary please read the amendment.

PATSY SPAW: Floor amendment No. 1 by Deuell.

SENATOR KEVIN ELTIFE: Senator Deuell to explain the amendment.

SENATOR BOB DEUELL: Thank you Mr. President this amendment gives the department of at a time health services up to two years to destroy of those who do not respond not opt in for research. This ensures the spots are available if other issuse arise and the department can batch them together for destruction greater effiency. Cy a person who revokes their consent must have the spot destroyed within 60 days. The rest of the amendment contains conforming changes and constitute that the department requested.

SENATOR KEVIN ELTIFE: Senator Deuell moves adoption of floor amendment No. 1. Is there objection? Chair hears none, floor amendment No. 1 is adopted. The following amendment. Secretary please read the amendment.

PATSY SPAW: Floor amendment No. 2 by Uresti.

SENATOR KEVIN ELTIFE: Senator Uresti to explain the amendment.

SENATOR CARLOS URESTI: Thank you Mr. President, members, the language in the amendment I am offer Senator Gallegos from Senate Bill 270 which passed out of the health and human services committee unanimously and passed out of the Senate earlier this session 31 to zero. In addition the language has passed out of the public health committee in the House unanimously. This amendment strengthens the newborn hearing careening follow up process by setting specific time frames in which a newborn shall be referred for further diagnostic services. This amendment also provided streamline for data reporting procedures by birthing facilities and I want to thank Senator Deuell for helping me pass this legislation and I believe it's acceptable to the author.

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

SENATOR BOB DEUELL: It is acceptable.

SENATOR KEVIN ELTIFE: Senator Uresti moves adoption of floor amendment No. 2. It is acceptable to Deuell. Is there objection? Chair hears none, floor amendment No. 2 is adopted. Senator Deuell you're recognized for a motion.

SENATOR BOB DEUELL: Thank you Mr. President I move passage to third reading.

SENATOR KEVIN ELTIFE: Senator Deuell mu moves passage to third reading. Is there objection? Chair hears none, Committee Substitute House Bill 411 as amended is passed to third reading. Senator Deuell you're recognized for a motion to suspend the constitutional three day rule.

SENATOR BOB DEUELL: So moved.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 29 ayes, one nay, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to House Bill 411. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 411 relating to confidentiality of newborn careening hearing information.

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

SENATOR BOB DEUELL: Thank you Mr. President I move final passage of Committee Substitute to House Bill 411 as amended.

SENATOR KEVIN ELTIFE: Senator Deuell how moves final passage of Committee Substitute to House Bill 411 as amended. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 29 ayes, one nay, Committee Substitute to House Bill 411 is finally passed. Congratulations Senator Deuell.

SENATOR BOB DEUELL: Thank you Mr. President and members.

SENATOR KEVIN ELTIFE: Senator Shapiro do you want --

SENATOR FLORENCE SHAPIRO: Yes.

SENATOR KEVIN ELTIFE: Senator Shapiro is recognized for a motion to suspend the regular order of business on House Bill 2169.

SENATOR FLORENCE SHAPIRO: To so much Mr. President. Mr. President I move to suspend the regular order of business on House Bill 2169. At this time under current law a local taxing unit can adopt discounts ranging from one to 3 percent for early payment of property taxes. This bill empowers the school district to have the option to resend the discount for early payment of ad valorem taxes at a time when districts need all available revenue they needed option and this is just an option to end discount for prepayment of property taxes. I do are a floor amendment but this is a -- this did not effect in anyway school funding formulas. To there is notice call impact on this bill. I move suspension of the Senate's regular order of business at this time.

SENATOR KEVIN ELTIFE: Senator Shapiro moves suspension of the regular order of business to take up and consider House Bill 2169. Is there objection? Chair hears none, rules are suspended. The Chair lays out on second reading House Bill 2169. The secretary will read the caption.

PATSY SPAW: House Bill 2169 relating to the authority of the governing body of a taxing unit to rescind or a discount for an early payment of ad valorem taxes.

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

PATSY SPAW: Floor amendment No. 1 by Shapiro.

SENATOR KEVIN ELTIFE: Senator Shapiro to explain the amendment.

SENATOR FLORENCE SHAPIRO: Thank you Mr. President this amendment simply clarify ifs a discount is in place in January 1st of any year the discount will continue until the taxpayer gets their tax bill at the end of this year. This is to ensure reliable and fair notice that the discount will end. Move adoption of floor amendment No. 1.

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

SENATOR FLORENCE SHAPIRO: Thank you Mr. President I move passage to third reading of House Bill 2169 as amended.

SENATOR KEVIN ELTIFE: Senator Shapiro now moves passage to third reading. Is there objection? Chair hears none, House Bill 2169 is passed to third reading. Senator Shapiro is recognized for a motion to suspend the constitutional three day rule.

SENATOR FLORENCE SHAPIRO: So moved.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 30 ayes, zero nay, the Chair lays out on third reading and final passage House Bill 2169. The secretary will read the caption.

PATSY SPAW: House Bill 2196 relating to the (inaudible) body of a taxing unit to rescind an early payment of ad valorem taxes.

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

SENATOR FLORENCE SHAPIRO: Thank you Mr. President and members I move final passage of House Bill 2169 as amended.

SENATOR KEVIN ELTIFE: Senator Shapiro now moves final passage of House Bill 2169 as amended. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 30 ayes, zero nay, House Bill 2169 is finally passed. Congratulations Senator Shapiro.

SENATOR FLORENCE SHAPIRO: Thank you Mr. President and members.

SENATOR KEVIN ELTIFE: Senator Hinojosa is recognize for a motion to suspend the regular order of business on Committee Substitute to House Bill 2608.

SENATOR JUAN HINOJOSA: Thank you Mr. President and members this is the Texas Department of housing community affairs sunset bill and I move to suspend the regular order of business to take up and consider House Bill 2608. The Texas department of housing community affairs works to ensure the rabbit of affordable single and multifamily housing provides funding for community base supportive services and regulates House industry. Over the last several years the department has also helped fund billions of dollars of federal aid to help Texas recover from hurricanes and economic downturn. The recommendations by the sunset commissions is that we continue the department for 12 more years, it requires for better affirmed planning to avoid delays and getting better assessment to cover funds to hard hit Texas communities. It also removes impediments of Texas rewarding Texas low income tax credits. It allows input from neighbors, neighborhood organizations awards key points based on more input from the local city counsel or commissioner's court. It also allows input from at a time senators and representatives bu but it eliminates requirements of letters of support from the state Senate or state Representative. It also changes several eligibility requirements for low income housing tax credit programs, it expands the definition of at risk development for low income tax credits, it also allows the developer of certain rural and rental housing to access low income housing credits set aside for projects who receiving funds from the U.S. department of agriculture. It health eliminates inconsistencies in the department enforcement process, it authorizes the department to administer a homeless housing and service program, it improves the state oversight of manufactured home installations and it requires the manufactured housing division to conduct a finger based criminal background checks of all manufactured housing licensees. If there are no questions, I would move to suspend the regular order of business.

SENATOR KEVIN ELTIFE: Senator Huffman for what purpose?

SENATOR JOAN HUFFMAN: Permission to question the author.

SENATOR KEVIN ELTIFE: Senator Hinojosa yield?

SENATOR JUAN HINOJOSA: I yield.

SENATOR JOAN HUFFMAN: Senator Hinojosa I'm sorry, but at the beginnig of your presentation, you mentioned something about state senators and state representatives. How are we related to this bill?

SENATOR JUAN HINOJOSA: If you recall the practice was where was submitted an application to have a housing project that always request a letter of support from a state Representative or a state Senate.

SENATOR JOAN HUFFMAN: Yes.

SENATOR JUAN HINOJOSA: And they would give certain credits based on the letter of support and many of the state senators did not like that practice. There were -- we were being requested to provide letter of supports of getting credits and we didn't even know much about the applicant or the housing project or what was going to be built. So what we did through a sunset recommendation we did away with that practice. We still allow the legislators to have input by making your opinion known as to the projet itself but it's not provided an letter of support by tax credits of the applicant.

SENATOR JOAN HUFFMAN: All right. Thank you. Thank you Senator Hinojosa.

SENATOR JUAN HINOJOSA: Thank you.

SENATOR KEVIN ELTIFE: Senator Hinojosa moves suspension of the regular order of business to take up and consider Committee Substitute to House Bill 2608. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute to House Bill 2608. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 2608 relating to the continue base and functions of the Texas department of housing and community affairs.

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

PATSY SPAW: Floor amendment No. 1 by Lucio.

SENATOR KEVIN ELTIFE: Senator Lucio to explain the amendment.

SENATOR EDDIE LUCIO: Thank you Mr. President. Members this amendment provides the TDACA's some flexibility in terms of the number of houses that are required to be built in the hurricane reconstruction pilot program that we established last session through House Bill 2450 which I was the Senate upon cor. I believe it's acceptable to the author.

SENATOR JUAN HINOJOSA: It's acceptable Mr. President.

SENATOR KEVIN ELTIFE: Members Senate Lucio moves toppings of floor a amendment number of one. It's acceptable to Senator Hinojosa. Is there objection? Chair hears none, floor amendment No. 1 is adopted.

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

SENATOR KEVIN ELTIFE: Thank you, Senator Lucio. Following amendment. Secretary please read the amendment.

PATSY SPAW: Floor amendment No. 2 by west.

SENATOR KEVIN ELTIFE: Senator West to explain the amendment.

SENATOR ROYCE WEST: Thank you Mr. President and members, this amendment is my Senate Bill 759 which passed the Senate unanimously on the local calendar April 7th as part one of the Senate IGR interim studdie. The committee asked the department to suggest how the state of Texas could better coordinate services across the state housing programs. This amendment implements one of the department's recommendations simply adds veteran, farm workers and youth aging out of foster care to those specific populations that the agency is required to focus on part of its sip program.

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

SENATOR JUAN HINOJOSA: It's acceptable.

SENATOR KEVIN ELTIFE: Senator West moves adoption of floor amendment No. 2. It's acceptable to Hinojosa. Is there objection? Chair hears none, floor amendment No. 2 is adopted. Following amendment. Secretary please read the amendment.

PATSY SPAW: Floor amendment No. 3 by n Hinojosa.

SENATOR KEVIN ELTIFE: Senator Hinojosa to explain the amendment.

SENATOR JUAN HINOJOSA: Thank you Mr. President and members, this is simply a repealer amendment that renumbers the articles and it just technical correction. I move adoption.

SENATOR KEVIN ELTIFE: Senator Jackson for what purpose?

SENATOR MIKE JACKSON: Just a question of the author please.

SENATOR KEVIN ELTIFE: Season yield?

SENATOR JUAN HINOJOSA: I yield.

SENATOR MIKE JACKSON: I was just wondering what we were repealing.

SENATOR JUAN HINOJOSA: Just give me a minute Senator Jackson. Senator Jackson what it actually is the floor amendment actually corrects a drafting error that was done by the Committee Substitute. It removes letters and -- required core an item for low income housing tax credits. If you recall under present law it requires that an blunt who is making application for housing project the issue would make a request of a state Senate or a state rep to mit a letter or support --

SENATOR MIKE JACKSON: For the point system and --

SENATOR JUAN HINOJOSA: Yes.

SENATOR MIKE JACKSON: This repeals that?

SENATOR JUAN HINOJOSA: This repeals that.

SENATOR MIKE JACKSON: Okay thank you.

SENATOR JUAN HINOJOSA: Thank you. I move adoption.

SENATOR KEVIN ELTIFE: Senator Hinojosa has moved adoption of floor amendment No. 3. Is there objection? Chair hears none, floor amendment No. 3 is adopted. Senator Hinojosa you're recognized for a motion.

SENATOR JUAN HINOJOSA: I move passage to third reading.

SENATOR KEVIN ELTIFE: Senator Hinojosa now moves passage to third reading. Is there objection? Chair hears none, House Bill 2608 is passed to third reading. Senator Hinojosa is recognized for a ocean to suspend constitutional three day rule.

SENATOR JUAN HINOJOSA: I so move.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 30 ayes and zero nays, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to House Bill 2608. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 2608 relating to the continuation and functions of the Texas department of housing and community affairs.

SENATOR KEVIN ELTIFE: Senator Hinojosa is recognize for a motion.

SENATOR JUAN HINOJOSA: Thank you Mr. President and members I move final passage of Committee Substitute to House Bill 2608 as amended.

SENATOR KEVIN ELTIFE: Senator Hinojosa moves final passage of Committee Substitute to House Bill 2608 as amended. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 30 ayes, zero nays, Committee Substitute to House Bill 2608 is finally passed. Congratulation Senator Hinojosa.

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

SENATOR KEVIN ELTIFE: Senator Estes you're recognized for a motion to suspend the constitutional rule on Committee Substitute to House Bill 1616.

SENATOR CRAIG ESTES: Thank you Mr. President. How old we do the amendment before suspension or after? Okay I move to suspended spean the three day rule on Committee Substitute to House Bill 616.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 30 ayes, zero nays, the rule is suspended m the Chair lays out on third reading and final passage Committee Substitute to House Bill 1616. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 1616 relating to the reporting of political contributions, political extenders and personal information.

SENATOR KEVIN ELTIFE: The pho lowing amendment. Secretary please read the amendment.

PATSY SPAW: Floor amendment number one by Jackson.

SENATOR KEVIN ELTIFE: Senator Jackson to explain the amendment.

SENATOR MIKE JACKSON: Thank you Mr. President. This amendment says if applicable to the state that the respondent has 14 day togs correct report on the basis of the complaint as provided by section 254046 of the election code and if there's no questions I would move adoption.

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

SENATOR CRAIG ESTES: Mr. President this amendment seems to have broad buy partisan support so I will leave it to the will of the body.

SENATOR KEVIN ELTIFE: Senator Jackson moves adoption of floor amendment No. 1. Senator Estes leavings it to the will of the body. Members is there any objection to the floor amendment No. 1 no objection to floor amendment No. 1. Floor amendment No. 1 is adopted.

SENATOR CRAIG ESTES: Thank you, Senator Jackson.

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

SENATOR CRAIG ESTES: I move final passage of House Bill 1616.

SENATOR KEVIN ELTIFE: Senator Estes huh moves final passage of House Bill 1616 as amended. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 30 ayes, zero nays, Committee Substitute to House Bill 1616 is finally passed.

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

SENATOR KEVIN ELTIFE: Senator Watson are you ready on 3404 in Senator Watson you're recognized for a motion to suspend the regular order of business on House Bill 3404.

SENATOR KIRK WATSON: Thank you Mr. President. Members I move to suspend the Senate's regular order of business to take up and consider at this time House Bill 3404 relating to the establishment of the child care advisory me to advise the Texas facilities commission on the location site and dine of the child care facilities and the curriculum required to be provided by the facility. I move suspension of the rules.

SENATOR KEVIN ELTIFE: Senator Watson has moved suspension of the regular order of business to take up and consider House Bill 3404. Is there objection? Chair hears none, rule is suspended. The Chair lays out on second reading House Bill 3404. The secretary will read the caption.

PATSY SPAW: House Bill 3404 relating to pleasuring a child care advisory committee to advise the Texas facilities commission.

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

SENATOR KIRK WATSON: Mr. President I move that House Bill 3404 be passed to third reading.

SENATOR KEVIN ELTIFE: Senator Watson has now moved final third reading. Is there objection? Chair hears none, House Bill 3404 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.

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

SENATOR KEVIN ELTIFE: 29 ayes, 2 nay, House Bill 3404 is suspended. The Chair lays out on third reading and final passage House Bill 3404. The secretary will read the caption.

PATSY SPAW: House Bill 3404 relating to blushing a child care advisory committee to advise the Texas facilities commission.

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

SENATOR KIRK WATSON: Mr. President I move final passage of House Bill 3404.

SENATOR KEVIN ELTIFE: Senator Watson now moves final passage of House Bill 3404. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 29 ayes, 2 nay, House Bill 3404 is finally passed. Congratulations Senator Watson.

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

SENATOR KEVIN ELTIFE: Senator Carona is recognized for a motion to suspend the regular order of business to take up and consider House Bill 2592.

SENATOR JOHN CARONA: Thank you Mr. President and members. Members we're going to have two bills back to back that deal with the hues of payday and auto title loans and so ill begin with 2592 we'll work our way through this important topic. Members the auto--

SENATOR KEVIN ELTIFE: Members could we have a little order in the chamber?

SENATOR JOHN CARONA: The payday and auto title lending companies are come under increased criticism based on claims of unfair lending practices that are harmful to consumers. Members the purpose of this bill is to deal exclusively with notice and disclosure requirements. As I say, we'll deal with some other topics here in a separate bill in a pa moment. This particular bill requires the posting of fee schedules contact information for the office of consumer credit commissioner and a disclosure that payday and auto title loans are not intended to meet long-term financial needs. The bill also requires the disclosure of the interest, fees and annual percentage rate to be charged to a specific consumer at the time a loan is made. The committee substitute of the bill as we're looking at today reinstates a number of other disclosure requirements that were moved in the House specifically the offer of consumer credit commissioner may require lenders to provide customers with comparison of payday and auto title loans against other forms of debt such as credit cards, which can over draft and late bill payments to that the consumer can make a thoughtful and better educated choice on whether payday or auto title loan is the most inexpensive way, the best way if you will to meet their particular needs. With that Mr. Chairman, Mr. President I move that we suspended pend the Senate's regular order of business.

SENATOR KEVIN ELTIFE: Members Senator Carona moves suspension of the regular order of business to take up and consider Committee Substitute to House Bill 2592. Senator West for what purpose?

SENATOR ROYCE WEST: Just a couple of questions of Senator Carona.

SENATOR KEVIN ELTIFE: Senator Carona yield?

SENATOR JOHN CARONA: Yes certainly.

SENATOR ROYCE WEST: Senator Carona first of all thank you for working on these bills. I know it's not what everyone wants. In fact it's really just a baby step in what needs to be done. I've talked to a lot of consumer groups about this and you have the backing of consumer groups on this legislation; is that correct?

SENATOR JOHN CARONA: Yes, sir, we do. I want to athis with all sincerity but for the work that you and Senator Davis did in getting us started on this issue, candidly I don't think we would have ever been able by the end of this session to negotiate even the language that wenedded up. So while you're absolutely right, these are but a first step in getting better information and better regulation around this type of consumer lending. I can't think you enough, both you and Senator Davis for getting us started in the right transaction on these bills.

SENATOR ROYCE WEST: Are you familiar with the Lubbock decision?

SENATOR JOHN CARONA: Yes, sir I am.

SENATOR ROYCE WEST: What is the Lubbock decision?

SENATOR JOHN CARONA: This deals with in fact interestingly enough deals with disclosure and rates and involed, ed I'm told, one of our legislative colleagues over in the House and you know without being able or qualified to give you the details of the case it deals with rates, it deals with disclosure, it deals ultimately with the question of userious actions. Do we have an understanding?

SENATOR ROYCE WEST: Now, and I'm going to talk to you a little bit about userious actions. It appears that we're codifying -- there's some language in -- it's not this bill, it's probably 94 --

SENATOR JOHN CARONA: It's in 94.

SENATOR ROYCE WEST: I'm going to hold it until we get there but suffice to say these are baby steps towards where we really need to get going as it relates to this basic subprime lending because this is subprime lending.

SENATOR JOHN CARONA: It is, that's correct.

SENATOR ROYCE WEST: Senate Bill prime lending got us in trouble on Wall Street also, correct?

SENATOR JOHN CARONA: It did. It did.

SENATOR ROYCE WEST: All right, thank you.

SENATOR JOHN CARONA: Thank you.

SENATOR KEVIN ELTIFE: Thank you, Senator West. Members Senator Carona has moved suspension of the regular order of business to take up and consider Committee Substitute to House Bill 2592. Is there objection? Chair hears none, the rules are suspended. The Chair lays out on second reading Committee Substitute to House Bill 2592. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 2592 relating to notice and disclosure requirements for certain credit services organizations.

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

PATSY SPAW: Floor amendment No. 1 by Davis.

SENATOR DAVID DEWHURST: The Chair recognizes Senator Davis to explain floor amendment one.

SENATOR WENDY DAVIS: Thank you Mr. President and thank you Senator Carona for your work on this bill and I know you said in your comments asking for suspension to advance this bill that it's not what any of us would have hoped. And members --

SENATOR JOHN CARONA: You are correct. You are correct.

SENATOR WENDY DAVIS: The we could please all listen for a moment. Order please, Mr. President. There truly hasn't been an issue since I've been here in the Senate that I've cared more about or worked harder on than the payday lending reform work that we have attempted to do here and this amendment is a piece of that and I'm going to introduce this amendment and I'm not going to ask for your vote on it out of deference to Senator Carona in respect for him and the product that he's advancing to the Senate today but I do ask that you please listen to the particular issue that's presented in this amendment as many of you probably are aware, payday lenders are all over our communities and they're prevalent in our lower income communities, when you leave the city of Austin to go to the airport and you drive down 5th Street or 7th Street or Cesar Chavez, they are every block, sometimes four on the corners of the block. They are polluting the communities that I represent in the lower income neighborhoods. In the last few years, since payday lenders were put spue a loophole in the law, we've gone from regular about 1200 payday lenders in the Texas to over 3500 payday lending store fronts in Texas today. There are more payday lenders in the state of Texas than there are Whattaburgers and Burger Kings combined and the reason for that is historically Texas has taken a hands off approach to the regulation of this industry. Most other lenders, all other lenders in fact function under the lending constitute chapter 342 of our finance code in the state of Texas. Several years ago a payday lenders were put patio a loophole a credit service organization loophole and credit service organizations are those organizations that are meant to help you repair your credit they're not meant to be lenders and as a consequence of the fact that they're meant to be people who help you repair your credit as you can imagine there's nothing in that constitute that limits fees or interest or lending charges because it's not a lending constitute but payday lenders regular operating under that constitute in the state of Texas for several years and as a consequence of that, some of the most vulnerable people in our community are paying a tremendously high price for the opportunity to borrow money in the state of Texas. A typical payday loan, an average loan is about $300 p for each $100 of a loan, the poo rower pays $20 in a fee, so $60 to borrow $300 and that might not sound so bad. The problem is that two weeks later when the borrower comes in and says, I can only pay $200. I don't have the 300. Most lenders -- most payday lenders in the state of Texas won't take a partial payment and because they won't take a partial payment that borrower has to pay another $60 to roll the note. The average number of times that a note is rolled is 12. So you can imagine paying $60 12 times to borrow 300 times how much a consumer is paying because they've become trapped in a payday loan. This session, all of us in our offices have met with representatives of the religious organizations, catholic charities, the baptist, the methodist, christian life coalition which is a coalition of a number of different faith based organizations. The by hops came from all over Texas and met with us in our individual districts to talk to us about what a problem payday lending is and what's happening to their congregants as a consequence of this practice churches all over Texas are bailing people out of payday loans that they cannot get out from under p auto title loans as well. If this happened to you or I, if we went boo a bang and these were the b lending terms upon which we had to borrow money, the out cry in the Capitol would be huge. We wouldn't tanned for it but we tanned for it in the payday lendings arena because the people who are impacted by it are poor, they're voiceless, and they're not here in the halls of the Capitol except by vir haw of being represented through these incredible faith based organizations that remember here peaking on their behalf. This morning I went to my daughter's high school graduation, exhume college gracious and it's one of those moments you remember when your that age and everything seems to possible to you p you belief that there's to much good in the world p I have to tell you members that on this particular issue, fighting to try to bring reform in this particular industry and watching what's happened in the halls of Capitol and the power and the influence that the loobiest for the payday lending have it's very disappointing. It makes you lose your faith in democracy quite honestly. We haven't done anything in the Texas to take a meaningful step towards protecting the people who are at the vulnerable end of this and I will say it predatory practice. It is a predatory practice. There are 15 other at a times that have enacted regulation on payday lending and in fact Senator West and I add rough indicated and rained a bill that would have put om of that same common sense measures in place. Putting a limit on the fees that could be charged putting a limit on the number of time that is a loan could be rolled over. Requiring that payday lenders talk a partial repayment. That's how they make their money they anno if u can't pay at all got to pay us another $60 on that $300 and something that should in my idealistic heart that wants to belief in the good of everyone something that hob to easy to do the path hob so clear for us has been impossible. And I think it says something about our system here. It's broken. It's broken when the voices of special interest have the kind of power that they have in the halls of this Capitol and people are being hurt by it. Terribly hurt by it and we shouldn't stand for it. Today at my daughter's graduation one of the spakers he was the class president who had chosen to give student remarks at the graduation. He advised three things of his fellow students as they moved forward in the world and the third thing he advised of them please don't ever have these three words in your vocabulary. I don't care. Please let's not have those words in our vocabulary members as it deals with an issue, it doesn't impact me personally or you, it probably doesn't impact our family members. But it impacts thousands and thousands of people in the state of Texas and thousands and thousand s of families literally are ruined by payday loans. During testimony on the bills that Senator West and I advanced in Senate Carona's committee we had so many people come through and told the story of how their lives had utterly been ruined as a result of a payday loan. At some of my town halls education town halls actually I had teachers who would come to me and tell me that they had gotten upside down in a payday complain they didn't know what to do. I had a teacher who cried her eyes out with me one day. What Senator Carona is advancing today and it's on behalf of work done by Representative Truitt in the House is the smallest little advancement. Unfortunately in the small advance, we've taken some steps back in some of this legislation and this first amendment that I'm offering and as I said I am going to pull it down out of respect to Senator Carona but the first amendment that I'm offering deals with what is going to do more harm unfortunately more harm. There's language now in the bill it's online 25 and 26 of the little and it says for the definition of a preferred presentment transaction this definition did not preclude repayment in more than one installment. Well, that sounds harmless right in why how old there be a problem in paying installments on a loan in well here's why it's a problem in chapter 342 we are an installment loan product any person who wants to lend money in installments can function under chapter 342 and under chapter 342 actually it allows an breasted rate of 240 percent. Let me give you an example of what's happening in the payday lending industry today in installment loans. This is something I printed off of the website called cash store it's owned by a group called Cottonwood Financial. For an installment loan of $300 you can get a loan and make nine payments every two weeks of $81.74 to borrow $300 members. You can make nine payments of $81.74. The total pay back is $772.44 cents after you add the CSO fee of $36.78 cents. It's an equivalent APR of 611 percent. It's not always been clear that payday lenders have the ability to offer installment loans outside of chapter 342 but ultimately because of the language that's being added in this bill today we're going to be clarifying it. We're going to be allowing it. We're going to be allowing it and I believe by doing that we're doing more harm. We're not make things better. We're doing more harm. The amendment that I am offering would strike that and instead would say that if someone does offer installment loan products, they have to do chapter 342. They already have the right to do that and they can charge up to an effective percentage of 240 percent. They can make a great profit. But unfortunately putting that amendment on this bill will likely kill it and so the tiny little bit of good that's being done here would be killed. In other at a times where payday lending has been regulated what those states have learned that the installment loan is a way around their regulation and in fact many states that tarted with payday lending reform putting in fee caps and roll over prohibition and forcing partial repayment, in many of those states they've had to come back and enact new regulation to top installment loan lending under this same provision one that we've actually adding to our law today in the state of Texas. We're adding something that other states are doing everything they can in their power to stop. In the state of Illinois after they enacted their payday lending reform governor quine just very very residentially after working quite hard with their legislature and they passed installment loan reform because hay had to come back? And address this where are problem. It was just pay they lending in another cost yuEm essentially and in that Capitol the vote to do that in the Senate was 58 to one, in the House was 118 to one because it made such good sense that we would take care that people? Illinois would take care of the poor and the vulnerable who are being talken advantage of by pay they loans. The military Senator Birdwell the Department of Defense did a huge study die on how payday loans pray on our military members and they at the federal level put a 36 percent cap on payday lending. percent which sounds high doesn't it but it's so much better than the current land cape. Unfortunately in the Texas we have rnt been able to apply that federal law because we've had our lenders in the loophole and you'll hear from Senator Carona when he introduces his next bill that he's done something very good to be helpful in that regard p to make sure that adheres to the federal law, but there's a reason the federal government responded to it. There's a reason that the federal government felt that will our military families needed to be protected from it p I would ask you members next session when this issue comes back and it will, I am asking you to please think about the people who are impacted by this practice. I am asking you not to worry about a score card by one group or other, I'm asking you not to worry about influences here. I'm asking you to please think with your hearts about the families and the people whose lives are and will continue to be ruined by virtue of the fact that we've shirked our responsibilites in addressing it here in the sate of Texas. And with that Mr. President, with regret, I pull down my floor amendment No. 1 to 2592.

LT. GOVERNOR DAVID DEWHURST: Senator Davis pulls down floor amendment No. 1. The Chair recognizes Senator Carona for a motion.

SENATOR JOHN CARONA: So at this time Mr. President I move passage to third reading on House Bill 2592.

LT. GOVERNOR DAVID DEWHURST: Thank you. Members would have heard the motion by Senator Carona. Is there objection? Chair hears none, and Committee Substitute to House Bill 2592 passes to third reading. Chair recognizes Senator Carona for a motion to to suspend the constitutional rule that bills be read on three several days.

SENATOR JOHN CARONA: So moved Mr. President.

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

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

LT. GOVERNOR DAVID DEWHURST: There being ayes and two nays, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to House Bill 2592. The secretary will read the caption.

PATSY SPAW: Committee Substitute House Bill 2592 relating to notice disclosure and credit services organizations regarding charges and consumer borrowing.

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

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

LT. GOVERNOR DAVID DEWHURST: Members, you heard the motion by 1:00. The secretary will call the roll.

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

LT. GOVERNOR DAVID DEWHURST: There being ayes and three nays, Committee Substitute to House Bill 2592 is finally passed. The Chair recognizes Senator Carona for a motion to suspend the Senate's regular order of business to take up and consider House Bill 2594.

SENATOR JOHN CARONA: Thank you Mr. President. I do move to suspend the Senate's regular order of business both this bill and the bill before it remember carefully crafted bills with both the industry and the consumer groups and I am pleased to report to you that while these bills are one step and arguably in some measure incomplete. They are endorsed both by the industry and the consumer groups. Among the consumer groups that have spoken out favorably on this legislation and support it the apple seed, good will, the Texas -- I'm sorry the baptist groups, Texas Impact, the Center for Public Policy and Priorities, AARP and CSAT, I'm sorry, which is the industry group the Consumer Service Alliance of Texas. It is because these bills were painstakingly negotiated over a considerable period of time that we have respectfully asked members of the Senate to please not amend them. It's not because we don't think they can be made better by amendment, most certainly they could be, but amending these certain bills in any fashion in all probability will result in the bill not being passed favorably when it returns to the House. There is one bill that did not make it over here when these bills were originally filed by Chairman Truitt, there was to have been a 2593, a bill that would have dealt with what is perhaps the most insidious pressure at all and that's the cycle of debt, break,ing the cycle of debt, so we can assure that someone does have an opportunity pay off their debt. Whether they renew it or not at a subsequent date, there needs to be a cooling off period if you will where a person is able to get out of debt and there's a number of ways to do that. I think Senator Davis proposed a number of very effective ways, certainly Senator West did as well. Unfortunately that bill did not make it out of the House when Chairman Truitt put her version of the language in and unfortunately the captions on these two remaining bills are so narrow that language could not be put on these bills without a point of order being effectively called. And I say that with certainty because we took an issue across the Capitol to the parliamentarian in the House to find every possible way we could to expand these bills, and what we present to you today is basically the limit on what can be done and again is the product of very, very delicate compromise between the consumer group and the industry. Let me tell you a little bit about 2594 which is payday regulation. Payday and auto title lenders in Texas currently register as consumer service organizations or CSO. This is under chapter 393 and they operate outside of the oversight of a state regulatory agency. Now, that is the way it is today so I would argue that anything we do that brings about additional oversight transparency and regulation is a step forward because at this moment under the CSO designation we have currently none. Conservators have been expressing whether existing consumer prexes for payday and auto title borrowers are being adequately enforced and whether current law contemplates an effective mechanism to address consumer complaints and consumer harm. So let me tell you a little bit about what we've done in this bill to take us as we delve further into the process of understanding this industry and being able to put forth appropriate regulation where needed. First to address these concerns I described a moment ago House Bill 2594 establishes a regulatory structure for payday and auto title lenders requiring each tore front to obtain a license from the office of consumer credit commissioner. Not just the company but each and every storefront. The bill establishes an application fee minimum capitalization and bonding requirements for these businesses. That by the way would be a first time. The bill also provides the consumer credit commissioner investigative and enforcement authority which she does not have today and the ability to suspend or revoke a license if necessary. In addition House Bill 2594 requires quarterly reporting by lenders it blushes an annual licensing assessment to fund a financial education endowment for consumers and it codifies a requirement that lenders comply with federal law restricting lending to certain military personnel. At different points in the negotiating process there has been consideration to a report to be compiled by the consumer credit commissioner on the use of preferred presentment transactions in Texas. Simply to better understand the market and the needs of consumers. I do believe that such a report would be beneficial but based upon our agreement to not further frustrate this bill, my intention is to request a interim study on this issue that includes a report from or consumer credit commissioner. I'd also like to briefly read the legislative intent here. Concerns have been raise that had House Bill 2592 and House Bill 2594 might inadvertently include activities of a legitimate consumer service organization that generates referrals for generate financial service providers. These CSOs do not charge, and they receive a fee directly from the consumer but rather are a service provider from a regulated service provider itself. It's not my intention for these CEO to be brought under these regulation enacted by either of these bills 2592 and 2594. We're requesting that any negative impact on these CSO that could occur be addressed by the consumer creditor during the rule making processes for both of these bills. Members, I will have a couple of floor amendments which are simply to cleanup the language that was agreed to by the parties and these floor amendments again are all part of the agreed language throughout these two bills and with that I would move to suspend the Senate's regular order of business.

LT. GOVERNOR DAVID DEWHURST: Senator Van de Putte for what purpose to you rise?

SENATOR LETICIA VAN DE PUTTE: Will the gentleman yield for some questions?

LT. GOVERNOR DAVID DEWHURST: Will chairman Carona yield?

SENATOR JOHN CARONA: Certainly.

SENATOR LETICIA VAN DE PUTTE: Mr. Chairman, thank you very much. We had hours of debate on this in business and commerce and as Chair of the vet ran affairs and military installations committee over the last three sessions we've also had the issue of payday loans and title loans with respect to military personnel and I think that you adequately reflected your opinions very strongly in that last committee hearing that we you have a strong interim and then proceed but my questions really deal with the military personnel. As you know Senator Carona the federal government passed a law by Representative Tallant, which is called the talent amendment which has protections for our military that take out payday loans and auto title loans including a 36 percent APR rate cap. Did your bill address the military payday borrowers?

SENATOR JOHN CARONA: Yes. It does Senate section 393.625 of the bill states that payday lenders must comply with the federal law regarding military borrowers however an important thing to note that the federal rules implementing those protections only apply to loans of up to 90 days or less and Texas law allows for loans up to 80 days. A loan may currently be made to a military borrower with the term longer than 90 days and not have to comply with the federal rate cap as a result this is something that I believe deserves serious consideration. It's an obvious loophole and I bend to look specifically at this issue when we studdie payday lending over the interim.

SENATOR LETICIA VAN DE PUTTE: Thank you Mr. Chairman. Over and over intern the last five years the department of defense they're office of particularly of military support, the secretary of defense has communicate today us over and over again that we had the federal legislation but since we did not have any oversight with any office here, it was basically meaningless and so I'm thankful that your bill actually puts some teat boo it. In other words the protections that are being embedded within the finance code by House Bill 2594 fully contain the provisions of the talent amendment and the 36APR how far there is room for improvement particularly in terms of the length of the loans offered but then that would go further and I will join with you in the interim in prex of this. Our base commanders and our military commanders have begged us to do this as a lot of the un-croup louse companies are praying on the very young military members, some of them away from home on basic for the very first time and local communities we're trying to find ways to prevent the density, in fact, I counted at one time eight of these locations within the first six blocks out of lack land airforce base and 12 of them within the two gates s at Fort Sam Houston. The commanders at Fort Bliss and Hood and others are also expressed their concern. So let me thank you. You have been able to succeed for the last three legislative sessions. I have failed. To thank you very much for including that.

SENATOR JOHN CARONA: You're very kind. Let me athis that one of the areas we did not address that I wish we would have is the dense area. Much like the state adopted good public policy years ago to have a say in how dense liquor store locations were, it's the same principle here and while we don't address that specifically in these two pieces of legislation we do intend to address it extensively in the interim study. But in the meantime I would remind everyone that cities have zoning ability to tale with this right out on a limited basis. We got some information from apple seed one of the consumer groups that supports the bill to say that the cities of San Antonio, Sacky, Richardson, Mesquite, Rallett, Irving, Little Leon, (inaudible), Brownsville and perhaps others already have enacted ordinances to get this under control. We don't want to see and it's not in our best interest, any of us, to see payday lenders and title lenders on every street corner and I think that's in as much need of reform as any other issues that we have looked up at this point.

SENATOR LETICIA VAN DE PUTTE: Senator thank you for your work, I appreciate it. Not only just as a beginning step but I certainly appreciate to finally close that loophole for our active duty military and their fames.

SENATOR JOHN CARONA: Well, thanks for all the work you did on it Senate.

LT. GOVERNOR DAVID DEWHURST: Members wow heard the motion by 1:00. Is there objection? Chair hears none, and the rule is suspended. Chair lays out on second reading House Bill 2594. The secretary will read the caption.

PATSY SPAW: House Bill 2594 relating to licensing and regulation of certain credit services organizations and the regulation of certain expenses of consumer credit.

LT. GOVERNOR DAVID DEWHURST: The Chair lays out floor amendment No. 1 by -- I'm sorry the Chair lays out committee amendment No. 1 by Senator Carona. Secretary will read the amendment.

PATSY SPAW: Committee amendment No. 1 by Carona which is in your printed bill. It's not being handed out it's printed with your bill.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Carona to explain the committee amendment No. 1.

SENATOR JOHN CARONA: Thank you Mr. President. This amendment is simply a clarification that each I day tore front rather than each bay day company is required to pay into the Texas financial endowment that is established in the bill and with that I move adoption.

LT. GOVERNOR DAVID DEWHURST: Members the Chair lays out the following floor amendment. Floor amendment number 1 by Senator Carona which is an amendment to the committee amendment No. 1. Secretary will read the amendment.

SENATOR JOHN CARONA: The amendment that has been handed out I believe is the wrong amendment Mr. President if this is the amendment that was handed out. That the one that you have Senator West?

LT. GOVERNOR DAVID DEWHURST: Yes it says that it's 15 lines long?

SENATOR JOHN CARONA: Yeah this is not the first amendment.

LT. GOVERNOR DAVID DEWHURST: All right. Members I'm advised that the amendment that Senator Carona is referring to has already been passed out.

SENATOR JOHN CARONA: And with that Mr. President I move adoption.

LT. GOVERNOR DAVID DEWHURST: All right you have in front of you floor amendment No. 1 by Senator Carona it's 15 lines long can and Senator Carona moves the adoption of floor amendment No. one. There objection from any member in all right. I am advised some members don't have a copy. It's 15 -- no did I say pages? I misspoke. 15 lines. You have no objection? All right is there. The issue before us is the adoption of floor amendment No. 1 which is 15 lines.

SENATOR JOHN CARONA: Okay Mr. President and members this floor amendment before us is designed to raise various concerns raised by various consumer advocacy groups involved in negotiating the bill. The amendment makes two changes. First, it clarifies that payday lenders may continue to operate under their current fee truer but removes references to existing laws write law provisions and second it clarifies that while nothing in this legislation establishes authority for the finance commission to newt a rate cap, nothing in this legislation pro-includes such authority either. This change is based on concern from consumer advocates that the bill in its current form el stablished a blanket of provision on finance commission having any such authority.

LT. GOVERNOR DAVID DEWHURST: Member use heard the motion by Senator Carona. There objection to any member as to the adoption of floor amendment No. 1 that's not the amendment? If you'd approach.

SENATOR JOHN CARONA: All right now I think third time is a charm. Mr. President may I peek?

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes --

SENATOR JOHN CARONA: Thank you, sir. Members late yesterday we were made aware of concerns that funds collected for the financial education endowment fund created in the bill might be in jeopardy of being caught up in a fund sweep bill. My Senate finance committee staff to address this issue and that's the purpose of this cleanup of committee amendment No. 1. All right with that -- thank you Senator West for pointing that out. I move adoption.

LT. GOVERNOR DAVID DEWHURST: Members you heard the motion by Senator Carona. There objection from any member in Chair hears no objection and floor amendment No. 1 is adopted. Char recognizes Senator Carona for a motion on the committee amendment No. 1.

SENATOR JOHN CARONA: All right this amendment is a clarification that each payday storefront rather than each payday company is required to pay into the Texas financial education endowment that is established in the bill. I move adoption.

LT. GOVERNOR DAVID DEWHURST: Members you heard the motion by Senate Carona. Is there objection from any member in the Chair hears no objection and the committee amendment No. 1 as amended is adopted. There's more in the following -- the Chair lays out the following committee amendment No. 2 by Senator Carona. Secretary will read the amendment.

PATSY SPAW: Committee amendment No. 2 by Carona.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Carona to explain committee amendment No. 2.

SENATOR JOHN CARONA: All right this amendment addresses the concerns that a some what gnar u rough definition of deferred presentment transaction in section 341.001 of the finance code would effect current lending practice under chapter 393. This change did not expand current law or remove any limitations on loan products that currently exist under chapter 393-6789 we made this change because the industry had request that in order to be comfortable that there's no reduction in their current authority we at the same time wanted to make sure that going forward we would have licensing authority over what they were doing and that's what this gives us and assure s. I move adoption.

LT. GOVERNOR DAVID DEWHURST: Senator West for what purpose do you raise?

SENATOR ROYCE WEST: I didn't understand the amendment to go into much detail as you use went into. The amendment that I'm u hoing on my screen for a committee amendment No. 2 basically says on page two line five at after the under lined period for purposes of this chapter this definition does not preclude repayment in more than one installment.

SENATOR JOHN CARONA: That is correct Senate but we -- the consumer groups were concerned about this language and that we were perhaps creating authority that didn't exist. The industry was concerned we were taking away authority that they currently had and so this amendment was developed by the two parties and the consumer credit commissioner. The consumer credit commissioner may have if not drafted the actual amendment she reviewed it to assure that we did not expand current law or remove limitations on loan products that currently exist under 393. I think it really is an amendment intended for both sides to be able to stand down and say you didn't get anything more you don't have anything less and that's the purpose of this amendment.

SENATOR ROYCE WEST: Okay let me ask this. Did this amendment allow consumers to pay in installments?

SENATOR JOHN CARONA: Yeah they already can, Senator.

SENATOR ROYCE WEST: Bring down to principle?

SENATOR JOHN CARONA: Yeah they can do it right now but it depends on the lender. Right now there's no regulatory structure. The problem is we're operating more on what's become practice in the industry than anything that's set forth in law.

SENATOR ROYCE WEST: My concern is Senator Carona that what we're doing is codifying existing practices and I know that when you get to a bargain table, the question is how much bargaining power that you have and the consumers don't are a lot of bargaining power in this deal.

SENATOR JOHN CARONA: No, I agree but the consumer commissioner sat down with us every step of the way and in particular this language to assure that both sides were comfortable? Knowing that weren't question what they had. We're neither condoning nor accepting what they had but that neither side was any better off or worse off than they are right now and that's the plain and simple intent of what's there right now.

SENATOR ROYCE WEST: The realty is this and I'm standing up for probably well at the appropriate time I'll visit with u about that.

SENATOR JOHN CARONA: Yeah we just didn't have the authority to impose any other stricter conditions on the industry than we had by the same token we wanted to be sure that the consumer credit commissioner could in fact avail herself of the information and the operation of the tores right now in all of their various loan products and that's how we ended up with that language but we were very cautious and relied on the consumer managers herself on how to accomplish what both sides were asking for and this request originated really through both sides. I think there was probably an equal level of distrust and that's how we ended up with this. I move adoption.

LT. GOVERNOR DAVID DEWHURST: Senator Davis for what purpose to you rise?

SENATOR WENDY DAVIS: To ask the author a question on the amendment.

LT. GOVERNOR DAVID DEWHURST: Will Senator Carona yield?

SENATOR WENDY DAVIS: And Senator Carona --

SENATOR JOHN CARONA: Of course I yield.

SENATOR WENDY DAVIS: This is the same point I made about 2592. This language was added to both bills. And I actually believe that under the land caped to the short term deferred transaction loan doesn't include an installment product and in fact I think a very good argument a very good legal argument could be made today that installment products exist in and are governed under chapter 342 as I mentioned earlier. Those products of course have certain rules and regulations that apply to them. It's my understanding from talking with with Apple Seed and a number of others who were involved in the creation of the installment products under chapter 342 that they were actually done at the request of payday lenders that in fact Advance America was one of the people who had a seat at the table negotiating what this product would look like. It's why it has an effective interest rate of up to 240 percent. It was specifically done to create an installment product outside of a deferred presentment transaction which is supposed to be a short term by its very nature a short term loan product and again I just want to express the concern that by adding installment language to these two bills we are actually giving the industry power today that even they are not sure that they have and here's one of the reasons that makes me feel so strongly about this. When we started the deliberations on this bill at the very beginning of this session, every single payday lender that we talked to wanted us to include language in chapter 393 that added installment loan provisions and they asked for it because I think they do fear that they don't have the power to do it today even though some are. I think they do fear that they're violating the terms of chapter 342 because they're charging interest rates like the one I pointed out earlier where installment payments of $81.74 every two weeks for nine weeks on a 300-dollar loan are being advertised by the Cash Store a Texas company on line. I think their fear is they actually really don't have the right to be doing this right now and it's my concern that by adding this thing we are actually sanctioning a practices that giving them more more power and it's not limiting their effective interest to 240 percent, in fact, under this one as I said it's 611 percent by virtue of putting installment loan language into both of these bills and I am very concerned that it's a big step backward not at all a protective stead forward.

SENATOR JOHN CARONA: Senator I respect that you feel strongly but that's not the way our own consumer commissioner feel pes all I can tell you that under chapter 393 these installment loans are being made right now and as we both know 393 did not afford our consumer credit commissioner to do reallying in about it and so all this is and again we did not create this language we worked directly with the consumer credit missioner all this is an acknowledgment of what's taking place at this time. We have every opportunity and if we choose and if we receive information through an interim study that indicates we need to modify the law in this area we have every opportunity to do it in 2013. Otherwise this practice most assuredly will continue 2013 or beyond if we don't do anything in three I hope that's not the case but if we don't do anything this 13 but in the meantime our own consumer credit commissioner acknowledges her inability to take it upright now. So while I think you -- I think you make a correct at the same time when you say we're not sure -- they're not sure that they have the authority to do it. Now, they haven't aid that to me but I suspect that's probably a reasonable position on your part but when our own consumer credit missioner says hey we're not giving them anything with this language because I can't do anything about it the problem anyway then to me as part of negotiations as compromise to reach a bill that both sides could actually sewn off on and I would remind you that consumer groups relative to this issue are very fist indicated. They have studied the issue as well as you or I have, in fact, probably better than I have and for them to be comfortable knowing the realty of what's out there today and knowing the good things they get out of the bill to sign off on that language I think is an indication that they believe there are for more positive things to come from this bill than there are negative. I just don't believe that it is one step forward and one big step back words. I would say it's probably one step forward into the net and certainly worth doing this session as an advance on what's to come and when I say an advanced on what's to come I don't want to I that with the assurance that more regulation should come to the industry I'm just saying that until we have some initial frame work in place to gather data on these businesses to understand, to consumer needs are. We're really don't are mug to work from and if we don't passing on this order this education and I like rough wish it you have been a little bit stronger but if we don't pass something then we have simply set ourselves back two more years because we will be without the data gathering that this type of legislation and this bill in particular allows us to do.

SENATOR WENDY DAVIS: Thank you Senator Carona. I'll just say one more word on this and that is that under 393 of course as you well know there are no limitations whatsoever on the amount of fees that can be charged in an installment loan or a deferred presentment transaction short term loan by including this language by essentially codifying the opportunity to do installment loans under chapter 393 my fear is doing that absent any kind of limb takes on the ability of fees or interest charge is going to be harmful to our consumers.

SENATOR JOHN CARONA: Well, we certainly hope not. I will tole rough this and I will tell you with all sincerity, it's not meant with bro valley region do, with sincerity, we have admonished the industry over the next two years as we look at this issue in much greater detail to be on their best behavior and while none of us can guarantee that they will be is enough to take that recommendation, I believe that they being the industry recognize that we're concerned about this. I think the majority of legislatures in this Capitol believe payday lending and auto title lending to be legitimate businesses I think also a super majority of legislatures believe that there are reasons to be concerned not the least of which is, of course, the very thing you have addressed which is the cost. The cost, cycle of debt is a close No. 2 on the list and so as we look carefully within this industry as we learn more about it p as we all become better educated on it would appear to me that a prudent course of action for the industry would indeed be on its behavior. I'm going to watch for that. The business and commerce committee will meet at a regular in the interim just as it did when I chaired the transportation committee and we will continue to gather information along with the formality of an interim study to try to make sure when we all return next session we sit down with your leadership and put together the best bill possible.

LT. GOVERNOR DAVID DEWHURST: The Chair lays out floor amendment No. 2 by Senator Davis. Secretary will read the amendment. It's an amendment to the committee amendment No. 2.

PATSY SPAW: Floor amendment No. 2 by Davis amending committee amendment No. 2.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Davis to explain floor amendment No. 2.

SENATOR WENDY DAVIS: I think we've fully vetted this particular amendment in our previous conversations Mr. President. Again what I was seeking to do where the installment language was added to this particular bill, was to create a provision that the charges allowable by law for that product could not exceed those under chapter 342 and I will out of respect again for the Chair pull this amendment down.

SENATOR JOHN CARONA: Thank you, Senator Davis.

LT. GOVERNOR DAVID DEWHURST: Members, Senator Davis withdraws floor amendment No. 2. The issue before us is the adoption. The Chair recognizes Senator Carona for a motion on the committee amendment No. 2.

SENATOR JOHN CARONA: I move adoption.

LT. GOVERNOR DAVID DEWHURST: Members you've heard the motion by Senator Carona. Is there objection from any member? The secretary will call the roll.

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

LT. GOVERNOR DAVID DEWHURST: Members there being 24 ayes and six nays, the amendment adopted. The Chair lays out floor amendment No. 3 by Senator Carona. The secretary will read the amendment.

PATSY SPAW: Floor amendment No. 3 by Carona.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Carona to explain floor amendment No. 3. This is it's got a paragraph one then paragraph B is credit access business may be through services as agreed to between the parties.

SENATOR JOHN CARONA: Members this amendment makes two changes first it clarifies the payday lenders and don't operate under their current fee truer but removes references to usury inspections and second it clarifies that while pending, this legislation establishes authority for the finance commission to newt a rate cap nothing in this legislation precludes such authority. This changes based on concern from our consumer advocates that the bill in its current form establishes a blanket prohibition on the finance commission having such authority so we wanted to correct that perception and all this amendment is intended to do and it too was approved by all parties.

LT. GOVERNOR DAVID DEWHURST: Members you heard the motion by Senator Carona. There objection from any member? The Chair hears no objection and floor amendment No. 3 is adopted. Chair lays out floor amendment No. 4 by Senator West. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 4 by west.

LT. GOVERNOR DAVID DEWHURST: Chair recognize s Senate rest to explain floor amendment No. 4.

SENATOR ROYCE WEST: Mr. President and members I recognize how delicate a balance this particular bill is but frankly what we end up doing is codifying realistically the use of usury in this bill and recognizing that we need to have some regulatory chemo? Place I'm going to pull this town but you can be assured that I will be watching and working with my colleagues on this issue during the interim so we can come back to the next legislative session to advance the ball as it relates to this area.

SENATOR JOHN CARONA: Senator West I thank you. You and I worked closely during the interim on these issues and I leave this session disappointed that we're not able to do more but grateful I guess to some extent that we're able to get this for a this late in the session. So thank you for your help with this.

LT. GOVERNOR DAVID DEWHURST: Senator West moves adoption of floor amendment No. 4. The Chair lays out floor amendment No. 5 by Senator West. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 35 by west deferred presentment transactions obtained for consumers by a credit access business.

LT. GOVERNOR DAVID DEWHURST: Members Senator West pulls down floor amendment No. 5. The Chair lays out floor amendment No. 6 by Senate tas. Secretary will read the amendment.

PATSY SPAW: Mar amendment No. 6 by Davis exceptions of partial payment.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Davis to plain floor amendment No. 6.

SENATOR WENDY DAVIS: Thank you Mr. President p again out of respect for the work ton by our Chair on this bill I'm going to introduce this and complain it but pull it down. What this would have required is something to simple. Simply that payday lenders would be required to accept partial repayments of loans. If a person owed $300 and could come in and pay 830 of it then hay would be required to do that. Unfortunately there's motion granted in the law that allows that for them today and as a consequence they have the opportunity to roll the full amount over over and over and over again. It is what creates the cycle of debt for the consumer who gets trapped in the loan and cannot get out of it. In the bill, there is a light improvement to the language over what existed to on page one line 29 there's a pro-rigs that states that the contract between the credit access business and the customers must contain at the same time that there is no prepayment penalty but unfortunately it's not requiring that the creditors allow partial repayment and it's also unfortunately putting that language only in the contract itself leaving a customer with a contractual claim if one arises that they were not allowed to prepay but a penalty how far there's no tat story provision that allows that for them. So basically consumers would have to come in contract by contract by contract in order to enforce that provision because it's not being put in the constitute that language is only being include in the contract itself and again out of respect to the Chair, I will pull this amendment down.

SENATOR JOHN CARONA: Mr. President may I -- Senator Davis I think this you know when we work further on this legislation this ought to be one of the very first things that we insist upon because it's just not even it's just not an acceptable practice under any near where you would be deny the opportunity to partially repay. That just those against basic common lending practice and to that will be in my opinion and I suspect in yours too high on the list of things that are to go into supplemental piece of legislation.

SENATOR WENDY DAVIS: Thank you, Senator.

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

SENATOR JEFF WENTWORTH: I'd like to ask Senator Davis a question on the amendment that she's been discussing if I may, if she'd --

LT. GOVERNOR DAVID DEWHURST: Will Senator Davis yield in.

SENATOR WENDY DAVIS: Of course.

SENATOR JEFF WENTWORTH: Senator Davis you mentioned your circle of debt in your remarks that reminded me are you familiar with the speech that General Mike Leonard, who was the commander of the Marine Corps out in San Diego had to say about payday lenders?

SENATOR WENDY DAVIS: I am, Senator.

SENATOR JEFF WENTWORTH: Let me read a couple of sentences. With our navy partner and this is two star marine general in San Diego California. With our Navy partners we are going after payday lenders. Payday lenders are the parasites found outside of our military bases in southern California who pray on young marines and sailors ers because the lenders know they are un-informed consumers. In North Carolina payday lenders are limited to 36 percent an all percentage rate of interest. Here in San Diego we regularly see rates of 460 percent and I have seen rates as high of 920 percent being charged against our service members. Service members go into a cycle of debt which is what you talked about a seconding a ultimately because we expect our marines to be finally upon, their ability to reenlist, compete for good jobs and keep a security clearance is affected. Let me be clear payday lenders are not providing our marines with the service. They are parasite, bottom feeders and scum bags. One of them sent me a note rently telling me he was a member of an honorable profession and that I how old pack off. He told me that payday lending he told me that a payday lending institution has been found in the ruins of Pompeii after Mt. Vesuivus erupted. I responded to him that archaeologist also found a whorehouse there and that antiquity did not bequeath virtue. It is a shameful practice.

SENATOR WENDY DAVIS: Thank you, Senator Wentworth.

LT. GOVERNOR DAVID DEWHURST: Senator Davis had previously withdrawn floor amendment No. 6. The Chair lays out floor amendment No. 7 by Senator Davis. Secretary will read the amendment.

PATSY SPAW: Particular amendment No. 7 by Davis.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Davis to explain floor amendment seven.

SENATOR WENDY DAVIS: Thank you Mr. President and Senator Van de Putte had asked some questions earlier of Senator Carona and I think he's compressed the same concerns that laid out in this particular amendment. The federal law that was passed was caps the APR on pay they loans to the military of percent unfortunately only moves to hones of up to a day term because these two bills now include provisions that allow installment loan products of longer than 90 days to military members, they will no longer be protected under that 36 percent cap if they take out an installment loan over 90 days. So essentially again what we're doing by sanctifying and sanctioning an installment loan practice by payday lenders is we are removing 36 percent federal cap protection that was put in place by the military because it only applies to loans of up to 90 day terms. Again out of respect for the Chair, I am pulling this amendment down but I wanted to lay it out so the members would understand this issue and why we should all collectively be concerned about it as we work on this during the interim.

LT. GOVERNOR DAVID DEWHURST: Members Senator Davis withdraws floor amendment No. 7. The Chair lays out floor amendment No. 8 by Senator West. The secretary will read the amendment.

PATSY SPAW: Floor amendment No. 8 by west.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator West to explain floor amendment eight.

SENATOR ROYCE WEST: Mr. President and members I want us to pay very close attention to this particular amendment. It doesn't put the -- doesn't put these individuals out of business, it doesn't limit the amount of money that they can make on these predatory loans but what it does it puts in place a component Senator Carona of public necessity. And I'm going to ask for a vote on this one and the reason I am asking for a vote on this one is as follows. We require bangs before we establish banks in the Texas to how public necessity. Surely if we can require bangs Senator Ogden to how public necessity before they can be established at a particular location we sure can require that these payday loans and these title companies can how public necessity also. I recognize that we have to advance the ball on this. I recognize that we're going to be collecting a bunch of data but one thing is real clear that when we deal with financial institutions and the placement of those institutions we require a showing of public necessity and we give the commissioner of banging the ability to define those particular rules. So in dealing with issues of payday lending I ask you why not allow that? As it relates to granting applications and loxes dealing with payday loans. You can lack on even though om of the data they provided you is dated and I wries to Senator Rodriguez and also Senator Birdwell, the second page of that amendment kind of gives you an any idea of the 2000 census what the per capita income was in your various districts and the number of payday institutions that you have. Members we talk about number of liquor tores on corners and the proliferations of those liquor tores. These are the same thing Senate Hegar, the same thing. To if we require a public necessity for bangs, financial institutions, why not require the same thing Senator Harris for payday loan institutions? I move adoption.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Carona on the amendment.

SENATOR JOHN CARONA: I'm going to you have to table this amendment and I'd like to be able to explain why to the members. Senator West you know I respect your opinions and I know how hard and how hard you worked on this issue and how serious you take it but I'm going to ask u and I'm going to ask all of us on the floor today to please resist all urges to amend this bill. We made a promise to both groups the consumer groups as well as the industry which is why both groups endorsed the bill not to amend it in any fashion and this is, in fact, a material amount to the bill. Mow let me say it's not that it's an unimportant issue I think Senator West brings a very important issue to the table but we have resisted a number of important issues and no better ill traition than the generosity of Senator Davis in pulling her amendments down that I would ask us to please not (inaudible) the bill at this point. Both chairman Truitt and I made that commitment that we would not change the bill. Senator West if this is, in fact, tabled you have my word that we will address it in the interim study and it's for that reason and because we made commitments to their various parties and able to get their support on the bill I ask that we table this amendment at this time.

LT. GOVERNOR DAVID DEWHURST: Members Senator Carona moves to table floor amendment No. 8. The Chair recognizes Senator West to close.

SENATOR ROYCE WEST: Members when u vote on this -- may I have order Mr. President?

LT. GOVERNOR DAVID DEWHURST: Members Senator West has the floor.

SENATOR ROYCE WEST: Members and I understand we have 50 million things that we're doing and Senator Carona has made a motion to table and he has a right to do that but I want to make certain that you understand what we're talk about. We require banks, financial institutions to show public necessity before we grant them the right to do business in the state of Texas. Banks and what we are about to say based on this vote that we will either payday lenders that set up in the state of Texas that make high interest loans to a population that can't afford to go to a bank and get a loan. The only thing this amendment does it requires them to how public necessity before setting up the business locally and so obviously you have your own politics but just thing about the little people for once as it relates to requiring before these payday lenders can set up before in the state of Texas to show that there is a public necessity.

REPRESENTATIVE DAVID DEWHURST: Members Senator Carona moves to table floor amendment number 8. Senator West objects. The secretary will call the roll.

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

LT. GOVERNOR DAVID DEWHURST: There being ayes and 11 nays, the motion to table prevails.Ed Chair recognizes Senator Carona for a motion.

SENATOR JOHN CARONA: Mr. President let me thank all of you and please know you have my commit torment don't work on this issue both in the interim and in the next session. At this time I would move passage to third reading.

LT. GOVERNOR DAVID DEWHURST: Members you heard the motion by Senator Carona. There objection from any member in Chair hears no objection from any member and House Bill 2594 as amended passes to third reading. The Chair recognizes 1:00 for a motion.

SENATOR JOHN CARONA: So move -- oh Mr. President I move to suspend the constitutional three day rule.

LT. GOVERNOR DAVID DEWHURST: Members you heard the motion by Senator Carona to suspend the constitutional three day rule. The secretary will call the roll.

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

LT. GOVERNOR DAVID DEWHURST: There being ayes and two nays, the rule is suspended. The Chair lays out on third reading and final passage House Bill 2594 as amended. The secretary will read the caption.

PATSY SPAW: House Bill 2594 relating to the licensing and regulation of certain credit service organizations.

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

SENATOR JOHN CARONA: Thank you Mr. President I move final passage.

LT. GOVERNOR DAVID DEWHURST: Members you heard the motion by Senator Carona. Secretary will call the role.

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

LT. GOVERNOR DAVID DEWHURST: There being ayes and two nays, House Bill 2594 as amended is finally passed. Members the president signs in the presence of the Senate the following.

PATSY SPAW: House Bill 2809, House Bill 2825, House Bill 2937, House Bill 2978, House Bill 3146, House Bill 3176, House Bill 3307, House Bill 3465, House Bill 3470, House Bill 3506, House Bill 3573, House Bill 3818, House Bill 3857, HCR151, Senate Bill 219, Senate Bill 36, Senate Bill 41, Senate Bill 58 Senate Bill 74, Senate Bill 80, Senate Bill 122, Senate Bill 131, Senate Bill 155, Senate Bill 246, Senate Bill 247, Senate Bill 256, Senate Bill 258, Senate Bill 264, Senate Bill 310, Senate Bill 311, Senate Bill 315, Senate Bill 387, Senate Bill 400, Senate Bill 402, Senate Bill 419, Senate Bill 431, Senate Bill 432, Senate Bill 436, Senate Bill 514, Senate Bill 520, Senate Bill 540, Senate Bill 545, Senate Bill 558, Senate Bill 601, Senate Bill 794, Senate Bill 795, Senate Bill 813, Senate Bill 822, Senate Bill 31.

REPRESENTATIVE DAVID DEWHURST: Mr. Doorke eper.

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

LT. GOVERNOR DAVID DEWHURST: Admit the messenger.

MESSENGER: Thank you Mr. President. Mr. President I'm directed by the House to inform the Senate the House has taken the following action. The House has passed the following measures HCR147 by Button encouraging to promote long-term economic development and job growth by working together on the regional level to --

LT. GOVERNOR DAVID DEWHURST: Senator Wentworth 63. Chair recognizes Senator Wentworth for a motion to suspend the Senate's regular order of business to take up and consider HJR63.

SENATOR JEFF WENTWORTH: Thank you Mr. President. Mr. President and members, tax increment refinancing zones were established by the Texas legislature under chapter 311 of the tax code to provide both cities and counties with the method of raising funds for a local project? A test zone each taxing unit determines what percentage of its tax if any will commit the repayment of cost financing public improvements. The original constitution amendment language contained a drafting error that the gives both cities and counties the authority to create a tax increment refinancing one but it allowed (inaudible) back by the revenue. House Joint Resolution 63 by Representative Pickett would authorize counties the same financing mechanism currently used by cities. This session both the House and Senate passed House Bill 563 which implements countsy authorization for issuing bonds amending the constitution however is required to include counties under the bond authority. Mr. President I move to suspend the regular order of business to take and consider HJR63.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Wentworth. Members you heard the motion by Senator Wentworth. There objection from any member in Chair hears no objection and the rule is suspended. The Chair lays out on second reading HYR63. The secretary will read the caption.

PATSY SPAW: HJR63 proposing a constitutional amendment authorizing the legislature to permit a county to issue bonds or notes to finance a development or redevelopment.

REPRESENTATIVE DAVID DEWHURST: The Chair recognize s Senator Wentworth for a motion.

SENATOR JEFF WENTWORTH: Mr. President I move passage to engrossment of HJR63.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Members you've heard the motion by Senator Wentworth. Is there objection from any member in Chair hears no objection and HJR63 passes to third reading. Chair recognizes Senator Wentworth for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR JEFF WENTWORTH: I so move Mr. President.

REPRESENTATIVE DAVID DEWHURST: I always like it when you do agree. Getting this for a back into the session. Measures you heard the motion by Senator Wentworth. The secretary will call the roll.

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

LT. GOVERNOR DAVID DEWHURST: There being ayes ex two nays, the rule is suspended. The Chair layings out on third reading and final passage HYR63. The secretary will read the caption.

PATSY SPAW: HJR63 proposing a constitutional amendment authorizing the legislature to permit a county to issue bonds or notes.

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

SENATOR JEFF WENTWORTH: Mr. President I move final passage of HYR63 hours thank you, Senator. Member use heard the motion by Senator Wentworth. The secretary will call the roll.

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

REPRESENTATIVE DAVID DEWHURST: There being 29 ayes and two nays, HJR63 is finally passed. Congratulations.

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

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Huffman for a motion to suspend the Senate's regular order of business to take up and consider HB1173.

SENATOR JOAN HUFFMAN: Thank you Mr. President I mu to suspend the Senate's regular order of business to take up and consider House Bill 1173. Members House Bill 1173 would allow counties with a population of 3 million or more to hold a person arrested without a warrant for 36 hours rather than 24 hours before being to be released on bond. The bill will lighten administrative load emitting the need to request expenses and allow thorough and good initiative determinations to be made rather than rushing those involved with an initial investigation that must be conducted within 24 hours. Senator Whitmire will are an amendment which I will accept which will sunset this after two years. Mr. President I haw adoption.

SENATOR JOHN WHITMIRE: Mr. President.

LT. GOVERNOR DAVID DEWHURST: Senator Whitmire for what purpose do you rise in.

SENATOR JOHN WHITMIRE: Will the Senate yield in.

REPRESENTATIVE DAVID DEWHURST: Will Senate yield?

SENATOR JOAN HUFFMAN: Yes, sir of course.

SENATOR JOHN WHITMIRE: Senator Huffman let me go through the time line with you. Current law is 24 hours.

SENATOR JOAN HUFFMAN: Right.

SENATOR JOHN WHITMIRE: You're raising it to 36.

SENATOR JOAN HUFFMAN: Yes, sir.

SENATOR JOHN WHITMIRE: But in fact you're trying to make a better run system because currently it's 24-hours and then they get a 48 hours and which would run them to 72 hours so in an effort on your behalf to are a more reasonable plan certainly as it relates to jail over crowding in Harris County if implemented and properly cared out many instances of what is currently 72 hours many because they don't think is adequate. They get an extension to 72. Your actually loring it and giving them just 12 additional hours and raisings it to 36 and hopefully if done properly, we'll be looking at a system that is governed by a 36-hour requirement. Is that my understanding?

SENATOR JOAN HUFFMAN: That's my understanding as well yes Senator Whitmire.

SENATOR JOHN WHITMIRE: Okay. And then as you said I footed an amendment that's going to sunset it and ask for some reporting data because we're all trying to do the right thing as it relates to proper presence before a magistrate but also sensitive to any burglaries that might create jail over crowding. So I just want to make certain that the members know that in fact there's been some misunderstanding in fact our paper editorialized that it was extending the hours un-residentially but in fact if probably done it would lower those hours from the current 72 which include an adjustment down to 36. And we're going to see, you and I are talked to the District Attorney in Harris County her intention to not use extensions after the 36-hours except? Very rare circumstances so that's the need for the reporting data and the sunset in two years.

SENATOR JOAN HUFFMAN: Yes.

SENATOR JOHN WHITMIRE: Thank you, Senator.

SENATOR JOAN HUFFMAN: Thank you. Mr. President I move to suspend the Senate's regular order of business.

SENATOR KIRK WATSON: Mr. President.

LT. GOVERNOR DAVID DEWHURST: Senator Watson for what purpose to you rise in.

SENATOR KIRK WATSON: Question of the author.

LT. GOVERNOR DAVID DEWHURST: Will Senator Huffman yield in.

SENATOR JOAN HUFFMAN: Yes I will.

SENATOR KIRK WATSON: Senator Huffman is the only amendment you're aware of?

SENATOR JOAN HUFFMAN: Yes.

SENATOR KIRK WATSON: Okay thank you very much.

SENATOR JOAN HUFFMAN: Yes, sir and it is bracketed to just Harris County.

LT. GOVERNOR DAVID DEWHURST: Members Senator Huffman moves the suspension of the Senate's regular order of business. Is there objection from any b? The Chair hear s no objection from any member and the rule is suspended. The Chair lays outed on second reading House Bill 1173 The secretary will read the caption.

PATSY SPAW: House Bill 1173 relating to release on bond of certain persons arrested for a misdemeanor without a warrant.

LT. GOVERNOR DAVID DEWHURST: The Chair lays out on floor amendment No. 1 by Senator Whitmire. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 1 by Whitmire.

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

SENATOR JOHN WHITMIRE: Yes Mr. President and members this amendment would add language that requires sunset of this act September 1, 2013 it also requires that the county conduct an impact study to determine the impact of the changes created by the increased amount of time that a person charged with a misdemeanor in Harris County can be held from 24 to 36 hours the impact study you to be produced by October 15th 2001 I think this face the safe tabored that is we get to measure the impact and see if it's making a better run and a reasonable system.

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

SENATOR ROYCE WEST: Question of the author.

LT. GOVERNOR DAVID DEWHURST: Senator Whitmire?

SENATOR ROYCE WEST: Yes Mr. President.

LT. GOVERNOR DAVID DEWHURST: Will Senator Whitmire yield in.

SENATOR JOHN WHITMIRE: Yes, sir I yield.

SENATOR ROYCE WEST: Let me make certain and Senate you may want to yield the floor to Senator Huffman I'm trying to understand what we're doing here and I understand you ait's use related to Harris County but there's people all over the Texas that go to Harris County.

SENATOR JOHN WHITMIRE: Well, if they don't get in trouble they wont --

SENATOR ROYCE WEST: Trouble how do you define trouble, get arrested?

SENATOR JOHN WHITMIRE: No you aid people all around the state if they go to Harris County if you just tell them don't commit or be charged with a misdemeanor or arrested for a misdemeanor.

SENATOR ROYCE WEST: So a person with no criminal record could be arrested for a misdemeanor new in Harris County if a law passes --

SENATOR JOHN WHITMIRE: Currently --

SENATOR ROYCE WEST: Hold on for one second. Could be held without bond for 36 hours.

SENATOR JOHN WHITMIRE: Currently it's 24 and they get an extension which takes it to 72 so some of us thought this would be an improvement and more fair.

SENATOR ROYCE WEST: What's fair about it?

SENATOR JOHN WHITMIRE: What's fair is --

SENATOR ROYCE WEST: Let me ask this question. If I'm arrested for a crime in Harris County and I have a would be uke? And I can make bond you're saying now that if this law passes that person can be held for 36 hours?

SENATOR JOHN WHITMIRE: It's additional --

SENATOR ROYCE WEST: Could possibly lose their job?

SENATOR JOHN WHITMIRE: It's actually a reduction to what you might be held because currently it's 24 plus the extension so it's on occasion 72 hours.

SENATOR ROYCE WEST: Let's talk about it -- I am talking to the wrong person about it --

SENATOR JOHN WHITMIRE: You know what I'll be glad but I had the hearing in committee --

SENATOR ROYCE WEST: You said that they can be held for 72 hours --

SENATOR JOHN WHITMIRE: You know what I'll get off and let you talk to the sponsor but we got the safe guards that we're going to sunset it in two years and we're going to get a report and if it's not working prop early me and Senator Huffman will --

SENATOR ROYCE WEST: What about a person's, Senate, what about a person that has no arrest record, they work every day, and they get arrested for handgun that ultimately then found not guilty of but they're held in jail and they lose their job. What about that person in let's put a face on it. Let's put that face on it.

SENATOR JOHN WHITMIRE: I'm glad you did.

SENATOR ROYCE WEST: Okay.

SENATOR JOHN WHITMIRE: First oche all there's no incentive in Harris County by the DA, the police, the judiciary to keep someone unnecessarily. We would like them to be back at work just as bad as you do because it's our constituents first of all. No. 2, it's justice. But you and I know currently if they thing they're working a case and after 24 hours they get another 48-hour extension in 72 hours which begs the argument that we're making we're actually reducing that.

SENATOR ROYCE WEST: Senator -- let's -- we're going to walk through this. We're going to take our time and walk through this one. Help me understand you got a 24 hour hold. Okay walk me through this.

SENATOR JOHN WHITMIRE: Okay -- let me ask youing --

SENATOR ROYCE WEST: No, walk me through this.

SENATOR JOHN WHITMIRE: Even more fundamental than you asking me to do. Why do you think that --

SENATOR ROYCE WEST: Walk me through. Walk me through --

SENATOR JOHN WHITMIRE: Senator West.

SENATOR ROYCE WEST: The 72 hours. That's the question I asked, sir. That's the question they asked Senate. You stood up and aid that they can be held up to 72 hours and under unusual facts and circumstances so I'm asking you to share with us what those unusual circumstances are.

SENATOR JOHN WHITMIRE: Okay. Let me ask you --

SENATOR ROYCE WEST: No, no, no. I've asked you the question Senator, my friend, my brother. Identify asked you put a face on those individuals that have to stand up for 72 hours.

SENATOR JOHN WHITMIRE: Do you want an answer or not?

SENATOR ROYCE WEST: I want an answer to that question.

SENATOR JOHN WHITMIRE: The purpose to the 24-hours is a critical question. Why do we even allow them to hold anybody any length of time, it's because there's probable cause they've been carried down in a police car and sometimes the system needs 24 hours to gather the evidence before they let someone out. Do you agree with that?

SENATOR ROYCE WEST: I agree with that.

SENATOR JOHN WHITMIRE: Do you agree the hours is reasonable?

SENATOR ROYCE WEST: I'm asking you about the 72 hours. I didn't ask you about the 24.

SENATOR JOHN WHITMIRE: Well, I'm going to first get you to understand and you know what --

SENATOR ROYCE WEST: Oh, I do understand.

SENATOR JOHN WHITMIRE: You actually try to get your clients out quicker er than that. So you're a defense attorney and I'm not.

SENATOR ROYCE WEST: Now, you're --

SENATOR JOHN WHITMIRE: Now, I really --

SENATOR ROYCE WEST: First of all, I'm a state Senator on this one. We're talking about law. The question is why --

SENATOR JOHN WHITMIRE: I don't even know why you are asking questions about this anyway.

SENATOR ROYCE WEST: Why do we want to have anyone stay in jail for 72 hours anyway, Senator. I am talk about -- I'm putting a face on it.

SENATOR JOHN WHITMIRE: I'm not even the author of this bill.

SENATOR ROYCE WEST: Not a criminal defense lawyer's face I'm putting a face on it, someone who's arrested, ultimately found not guilty who loses es their job as a result of not being able to get a bond to get out. Twenty-four-hours is reasonable.

SENATOR JOHN WHITMIRE: Okay. First of all --

SENATOR ROYCE WEST: You talk about -- you talk about --

SENATOR JOHN WHITMIRE: I am surprised that you don't argue about it being 12 hours. Why not offer an amendment --

SENATOR ROYCE WEST: What about the 72 hours.

SENATOR JOHN WHITMIRE: Why don't you offer an amendment down to 12 and we'll see what the body thinks about releasing someone after 12 hours.

SENATOR ROYCE WEST: You know, the reality is --

SENATOR JOHN WHITMIRE: Or you might like six hours.

SENATOR ROYCE WEST: Okay. You want to go ahead. Go ahead I'm going to let you finish but I still want my question about 72 hours.

SENATOR JOHN WHITMIRE: Okay. Let me see if I can lay out the of Senator Huffman's bill.

SENATOR ROYCE WEST: I'm talking about the hours.

SENATOR JOHN WHITMIRE: We debated in criminal justice currently, they're allowed to keep someone 24 hours. Would you agree?

SENATOR ROYCE WEST: I agree.

SENATOR JOHN WHITMIRE: They get extensions because quite often the work and information is not complete. So they routinely get a 48-hour extension which carries it to 72. Senator Huffman believes but we've got checks and balances where we're going to sunset in two years that if you give them an additional 12, they wont be seeking an extension. So we're actually shortening the time that you're too concerned about.

SENATOR ROYCE WEST: That makes no sense to me.

SENATOR JOHN WHITMIRE: Well, you know.

SENATOR ROYCE WEST: That's fine. You can color me as a defense attorney, fine. On this floor I am a state Senator.

SENATOR JOHN WHITMIRE: Okay.

SENATOR GLENN HEGAR: Mr. President.

SENATOR JOHN WHITMIRE: I only mention that because I assume you --

SENATOR GLENN HEGAR: Can you turn the speakers up, we can't hear the senators in here. Could you turn the speakers up a little bit so we could hear them clearer? Thank you.

SENATOR JOHN WHITMIRE: Well, I thought you would be happy and for the amendment.

SENATOR ROYCE WEST: I'm not happy to put someone in jail that could turn around and lose their job.

SENATOR JOHN WHITMIRE: I am not happy about putting anybody in jail. I'm talking about --

SENATOR ROYCE WEST: The reason --

SENATOR JOHN WHITMIRE: The real solution is don't commit crimes --

SENATOR ROYCE WEST: The reason we have bonds. So don't commit a crime is the real solution to it? Come on.

SENATOR JOHN WHITMIRE: The real ultimate solution is.

SENATOR ROYCE WEST: How many people have we exonerated in Texas? Come on.

SENATOR JOHN WHITMIRE: How many --

SENATOR ROYCE WEST: How many people have been exonerated in Texas for a crime they haven't committed, exonerated for something they haven't done? That someone arrested them and said they have done it. Come on, Senator.

SENATOR JOHN WHITMIRE: Senator, these are misdemeanors.

SENATOR ROYCE WEST: Misdemeanors for what? We're talking about losing. We're talk about losing a job. We're talking about someone that's arrested.

SENATOR JOHN WHITMIRE: If you give them more hours to do research, maybe they'll release them.

SENATOR ROYCE WEST: Twelve hours.

SENATOR JOHN WHITMIRE: Actually this is a defense attorney's blessing.

SENATOR ROYCE WEST: I am not talking about defense attorneys or whatever. I am talking about a citizen that's arrested, that's arrested for something --

SENATOR JOHN WHITMIRE: You know what, I don't want to make it sound --

SENATOR ROYCE WEST: And they can make a bond and then someone wants to put a hold on them for 72 hours.

SENATOR JOHN WHITMIRE: I don't want this to sound like --

SENATOR ROYCE WEST: If indeed, Senator -- if indeed, Senator, that's the case.

SENATOR JOHN WHITMIRE: I don't want to look out for the defendants and lose all of our constituent votes --

SENATOR ROYCE WEST: If that's the case, Senator, they could raise the bond to hold them in there. That's what's normally done. Houston is the only county in Texas --

SENATOR JOHN WHITMIRE: This is smart criminal justice.

SENATOR ROYCE WEST: How is it smart? How is it smart?

SENATOR JOHN WHITMIRE: Because police -- more hours, 12 more hours.

SENATOR ROYCE WEST: How is it smart, Senator, to the person arrested that loses their job? How is that smart?

SENATOR JOHN WHITMIRE: You're not listening to the explanation. Currently they're keeping people 72 hours on a regular basis. Surely you would join me in reducing that to 36 if you're concerned about them getting them back to work and their families as I am and I am going to safeguard it by putting a sunset and I don't know why you're asking me these questions when you ought to be talking to the author.

SENATOR ROYCE WEST: Well, that's what I said.

SENATOR JOHN WHITMIRE: You know.

SENATOR ROYCE WEST: That's kind of what I said to the very beginning.

SENATOR JOHN WHITMIRE: And you know I yield to the author because I have given you my best shot. I can't make you understand it.

SENATOR ROYCE WEST: That's right. You can't make me understand it and I may be the only one --

SENATOR JOHN WHITMIRE: Senator, I've explained to you, I can't make you understand it.

SENATOR ROYCE WEST: I may be the only one on this floor that don't understand it but I am putting a face on it and the face I'm putting on a person that that's arrested with no record and loses --

SENATOR JOHN WHITMIRE: I am sorry if we don't give them 12 more hours to clear their name and get back to their family. Work with me, Senator.

SENATOR ROYCE WEST: The face that I am putting on is the person that's arrested, someone with no criminal record that could be held up to 36 or 72 hours. That's the face I'm putting on it.

SENATOR JOHN WHITMIRE: You know what originally --

SENATOR ROYCE WEST: All seriousness.

SENATOR JOHN WHITMIRE: Originally they wanted 48 hours, we said no that's too much time to complete your work. You know what other counties do after 36 hours, they say, you can't do an extension from there and that's what -- listen, I'm with you. I'm going to make sure if they get the 36 hours if they do extensions after that, we will sunset this booger er in two years. Work with me, trust me. Ain't that right, Senator Huffman?

SENATOR ROYCE WEST: What happens in other counties?

SENATOR JOHN WHITMIRE: Beg your pardon.

SENATOR ROYCE WEST: What happens in other counties.

SENATOR JOHN WHITMIRE: I think you can watch part and you might if it works as well as we hopes it deals with jail over crowding you'll probably be down here asking me to coupon or to put it in Dallas county.

SENATOR ROYCE WEST: I don't think so.

SENATOR JOHN WHITMIRE: You know what if you want it in Dallas I am not going to act like you, Senator.

SENATOR ROYCE WEST: You know what let me just --

SENATOR JOHN WHITMIRE: I am going to leave Dallas county to you and Shapiro --

SENATOR ROYCE WEST: I understand -- I understand where you're going on this, that's fine. And you're right I, I've talked to Senator Huffman about this and I agree with you but its been a great debate. I'm just going to politely vote no and the reason I'm voting no is because if a person is accused of a crime they hob able to get out of jail in a reasonable amount of time 36 -- 72-hours is not reasonable. If indeed there's a high asset in terms of the person being arrested and the police department is working them then they can always are a bond that's likely to keep them in jail that period of time members. If you want to vote for this --

SENATOR JOHN WHITMIRE: Senator we're talking about --

SENATOR ROYCE WEST: Thank you, Senator I'm just putting a face on it.

SENATOR JOHN WHITMIRE: You have done an adequate job --

SENATOR ROYCE WEST: Thank you very much I'm just putting a face on it. So as you're riding down the Street I know you don't have a criminal record, none of us do but I hope you're not arrested but if you do, it's your job result of being arrested --

SENATOR JOHN WHITMIRE: I hope I would call you. Okay?

SENATOR ROYCE WEST: Make sure you do. Because I'm going to get you out of jail before 36 hours.

SENATOR JOHN WHITMIRE: Don't wait no damn hours, okay?

SENATOR ROYCE WEST: I'm going to get you out of jail because you shouldn't be able to be held in jail for no reason other than --

SENATOR JOHN WHITMIRE: I am going to keep your card in my pocket.

SENATOR ROYCE WEST: Because the police wants to work a particular case.

SENATOR JOHN WHITMIRE: Do I have your current number? Do I have your cell number?

SENATOR ROYCE WEST: Thank you Mr. President.

LT. GOVERNOR DAVID DEWHURST: Senator Ellis for what purpose do out rise?

SENATOR RODNEY ELLIS: Let me ask the author of the amendment just a couple of quick questions.

LT. GOVERNOR DAVID DEWHURST: Will Senator Whitmire yield in.

SENATOR JOHN WHITMIRE: Yes, sir.

SENATOR RODNEY ELLIS: Senator your amendment calls for a study and it caws for a sunset. The bill goes from 24-hours to 36 hours. Is there a provision in the amendment that would keep the prosecutor from requesting an extension beyond the 36 hours?

SENATOR JOHN WHITMIRE: There isn't Senate Ellis. We poke to the District Attorney this morning. We express our concern. She aid it would be a very rare circumstance that they would ask for an extension. Most current extensions are given because of the 24-hour requirement. Those extensions raise it to 72 hours. That is one reason why we're putting a sunset provision in there. If they have got the 36-hours in this new legislation which they awill make it more proper, efficient, deal with jail over crowding the concerns of Senator West, they wont need an extension. She did say with exception a rare circumstance if they got someone being held on a misdemeanor if they think he or she might be able to make other cases under rare circumstances they do an extension but we're going to monitor, you are going to join Senator Huffman and I in monitoring that and in two years with the data that they have to report to the state we will top that practice.

SENATOR RODNEY ELLIS: I understand that.

SENATOR JOHN WHITMIRE: That's the nature of our legislative process. You were in the committee, we heard the legislation, you believe you voted against it because of your concerns. We're here, we're amending it and we're going to monitor it as closely as anything we monitor.

SENATOR RODNEY ELLIS: Well, Senate that is correct I voted against it in committee and I voted against it on the suspension on the floor. I am concerned about the debate between you and Senator West because now it give s the impression that this is good public policy that may be other counties in the state would buy boo and one reason I did not get up and speak against the motion to suspend as you know is because I expressed my reservations and I had a clear understanding there would be no attempt to expand this to other county u be I want to make sure that I make that point and get it on the record for u and Senator Huffman because that would be a serious problem. I'm assuming you have some of these concerns which is why you want it to be sunsetted and you wanted study to be done but I just want to make sure that we don't open the flood gates because that really would be -- I don't want to go back and --

SENATOR JOHN WHITMIRE: Senator Ellis. I wouldn't be doing it if I didn't thing it was good policy that's going to carry out the criminal justice system more efficiently and fare and get people back to their families and on and I only said to Senator West if it works as well as we believe in dealing with jail over crowding and carrying out justice then you might want to extend it to other counties.

SENATOR RODNEY ELLIS: Well, I just want to make sure that I'm making a point because I agreed that I would not get up and get involved in a debate on this.

SENATOR JOHN WHITMIRE: You're getting very close.

SENATOR RODNEY ELLIS: I know and it could go to the 16 hours we talked act in the back room preferably not. But Senate I want to make this point. We could have a legitimate difference of opinion but the notion of saying somehow we will relieve jail over crowding by keeping some people in jail longer is what they call a non sequitur but k hay I'm not going to argue with you about it I just doubt want you to add other counties to this.

SENATOR JOHN WHITMIRE: It is, in fact, and you and I have had this discussion. We will document and in fact it's going to get people out quicker than the 73 hours they're currently being held under extension. You by have heard not District Attorney's office, we talked to Senator Huffman.

SENATOR RODNEY ELLIS: You and I just disagree.

SENATOR JOHN WHITMIRE: But don't you going to keep people longer when, in fact, it might actually shorten their time. Thirty-six is shorter than 72.

SENATOR RODNEY ELLIS: You know I'm going to leave this alone. We have got to get more money in the public education because one of us obviously ain't getting this one if we're going to make the argument that by giving the system the ability to keep people in jail longer is going to get them out quicker whit well if you want to spin it out like that, I'm not going to correct it because it's shortening 72 down to 36. All I'm doing is saying I agree, I would -- I vote my no, leave the bill alone but with this cushion Senate it would give the impression that this is a pilot to go exchange that 24-hour requirement at a time wide.

SENATOR JOHN WHITMIRE: If it works better we'll consider it. We're going to have the data to in two years and you and I in the committee will review it. If it's extending things unreasonably, it will end. If it's lowering the jail time from 72 down to 36 we might want to consider a statewide program.

SENATOR RODNEY ELLIS: Reasonable minds differ. I'm certainly for your amendment because it ought to be sunsetted because I don't think it's good public policy and we ought to get the data to know. Thank you.

SENATOR JOHN WHITMIRE: Okay. Senator Huffman.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Huffman finally on floor amendment one.

SENATOR JOAN HUFFMAN: The amendment is acceptable to the author and I could respond to some of these but maybe it's better to just move on so I'm just going to accept the amendment.

LT. GOVERNOR DAVID DEWHURST: Members Senator Whitmire moves the adoption of floor amendment No. 1. It's acceptable to the author. The secretary will call the roll.

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

LT. GOVERNOR DAVID DEWHURST: Well, I read that one wrong sorry Patsy, sorry. Any time you have a two hour debate on an amendment I figured there'd be machine to vote against it. Fool me. Fool me. 31 ayes and zero nay, floor amendment No. 1 is adopted. Chair recognizes Senate -- sorry, Chair recognizes Senator Huffman for a motion.

SENATOR JOAN HUFFMAN: I move passage to third reading.

LT. GOVERNOR DAVID DEWHURST: Thank you Senator Huffman. Members would heard the motion by Senator Huffman. There objection from any member? Oh, now we object. All right. The secretary will call the roll.

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

LT. GOVERNOR DAVID DEWHURST: Members there being 22 ayes and nine nays, House Bill 1173 as amended passes to third reading. Members the president signs in the presence of the following.

PATSY SPAW: House Bill 150, House Bill 265, House Bill 361, House Bill 596, House Bill 707, House Bill 960, House Bill 969, House Bill 976, House Bill 1110, House Bill 1120, House Bill 1115, House Bill 1379, House Bill 1383, House Bill 1395, House Bill 1426, House Bill 1481, House Bill 1514, House Bill 1525, House Bill 1614, House Bill 1666, House Bill 1678, House Bill 1682, House Bill 1671, House Bill 1830, House Bill 1866, House Bill 1906, House Bill 2286, House Bill 2289, House Bill 2295, House Bill 2366, House Bill 2370, House Bill 2385, House Bill 2418, House Bill 2428, House Bill 2519, House Bill 2538, House Bill 2582, House Bill 2684, House Bill 2633, House Bill 2690, and House Bill 2742.

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

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

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

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

LT. GOVERNOR DAVID DEWHURST: There being ayes and five nays, the rule is suspended. The Chair lays out on third reading and final passage House Bill 1173 as amended. The secretary will read the caption.

PATSY SPAW: House Bill 1173 relating to release on bond of certain persons arrested for a misdemeanor without a warrant in certain counties.

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

SENATOR JOAN HUFFMAN: I move final passage of House Bill 1173.

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

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

LT. GOVERNOR DAVID DEWHURST: Members there being 22 ayes and nine nays, House Bill 1173 as amended is finally passed. The Chair recognizes Senate Williams for a motion to suspend the Senate's regular order of business to take up and consider Committee Substitute to HCR42.

SENATOR TOMMY WILLIAMS: Thank you Mr. President and members, this resolution specifies that private laboratories must meet the compact same official approval and quality assurance standards as government run labs, the resolution expresses support for the current FBI effort to reexamine existing policy standards and procedures for forensic DNA testing labs including the requirement that private labs reviewed by public labs. Mr. President I move to suspend the Senate's regular order of business to take up and consider HCR42.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Williams. Members you heard the motion by Senate Williams. There objection from any member? The Chair hears no objection and the rule is suspended. The Chair lays out on the if lowing resolution. Secretary will read the resolution.

PATSY SPAW: HCR42 expressing forth for the current FBI effort to reevaluate current standard and proto-call for forensic DNA testing laboratory.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senate Williams for a motion.

SENATOR TOMMY WILLIAMS: I move adoption.

LT. GOVERNOR DAVID DEWHURST: Members the question is on the adoption of the resolution. The secretary will call the roll.

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

LT. GOVERNOR DAVID DEWHURST: There being ayes and no nays, the resolution is adopted.

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

LT. GOVERNOR DAVID DEWHURST: Senator Hinojosa. Are you ready for 2735 in 2735 in Chair recognizes Senator Hinojosa for a motion to suspend the Senate's regular order of business to take up and consider House Bill 2735.

SENATOR JUAN HINOJOSA: Thank you Mr. President and members, I move to suspended pend the regular order of business to take up and consider House Bill 2735. Under current law the parole division of the Texas department of criminal justice is authorized to issue arrest warrants for parolees who are accused of a violation -- violation or a new arrest. This warrants are known as blue warrants, the defendant not eligible for bond are held in county jail results in parole hearings. The current conditions in county jail to increase the blue warrant population and the county associations are in support of this bill. I would move for suspension.

LT. GOVERNOR DAVID DEWHURST: Members you heard the motion by Senator Hinojosa. Is there objection from any member? The Chair hears no objection from any member and the rule is suspended. The Chair lays out on second reading House Bill 2735. The secretary will read the caption.

PATSY SPAW: House Bill 2735 relating to procedures for certain persons charged with an administrative violation of condition of release.

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

SENATOR JUAN HINOJOSA: I move passage to third reading.

LT. GOVERNOR DAVID DEWHURST: Member use heard the motion by Senator Hinojosa. There objection from any member? The Chair hears no objection from any member and House Bill 3725 passes to third reading. Chair recognizes Senator Hinojosa for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR JUAN HINOJOSA: I so move.

LT. GOVERNOR DAVID DEWHURST: Member use heard the motion by Senator Hinojosa. The secretary will call the roll.

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

LT. GOVERNOR DAVID DEWHURST: There being ayes and five nays, the rule is suspended. Chair lays out on third reading and final passage House Bill 2735. The secretary will read the caption.

PATSY SPAW: House Bill 2735 relating to procedures for certain r persons charged with an administrative violation of condition of release.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Hinojosa.

SENATOR JUAN HINOJOSA: I move final passage --

LT. GOVERNOR DAVID DEWHURST: For a motion.

SENATOR JUAN HINOJOSA: I move final passage of House Bill 2735.

LT. GOVERNOR DAVID DEWHURST: Members you heard the motion by Senator Hinojosa. The secretary will call the roll.

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

LT. GOVERNOR DAVID DEWHURST: There being ayes and five nays, House Bill 2735 is finally passed.

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

LT. GOVERNOR DAVID DEWHURST: Thank you. The Chair recognizes Senate Ellis for a motion to suspend the Senate's regular order of business to take up and consider Committee Substitute to House Bill 1386. 1386.

SENATOR RODNEY ELLIS: Thank you Mr. President. Suicide is the leading cause of death among young people. This bill would aid school districts in determining those students who may be in need of mental health and suicide prevention. Chairman Shapiro did a great job of rewriting the bill that came over from the House side. This is a total permissive bill. This bill would require DHHS and DEA to compile a list of practice base beer venges programs that districts may use to train those individuals working with children to recognize the signs of mental health distress and you side. The bill is permissive and would not require a district to implement an intervention program if the district chooses to implement the intervention programs based on best practices the district would develop a procedure to not fie parents. Mr. President I move to suspend the regular order of business to take up and consider Committee Substitute for House Bill 1386.

REPRESENTATIVE DAVID DEWHURST: Senator Patrick for what purpose to you rise in.

SENATOR DAN PATRICK: Question of the author.

LT. GOVERNOR DAVID DEWHURST: Will Senate Ellis yield in.

SENATOR RODNEY ELLIS: Gladly.

SENATOR DAN PATRICK: Senator an earlier version of this bill would have allowed school districts to have psychiatric treatment in essence --

SENATOR RODNEY ELLIS: Would have required it.

SENATOR DAN PATRICK: Would have required it without telling the parent.

SENATOR RODNEY ELLIS: That part I'm not sure if the parent would have known or not but it would have required it.

SENATOR DAN PATRICK: Would have require id it without the parent.

SENATOR RODNEY ELLIS: Right.

SENATOR DAN PATRICK: That's not in the bill.

SENATOR RODNEY ELLIS: That's not in the bill.

SENATOR DAN PATRICK: Okay and it's not required now it's permissive.

SENATOR RODNEY ELLIS: That is correct.

SENATOR DAN PATRICK: Will you make a promise to this body that you will not change this bill and accept that language that in conference?

SENATOR RODNEY ELLIS: Senator I'll give you a suicide pack on it. I will not do it.

SENATOR DAN PATRICK: You tabi me your word that this bill will be, if we forth this bill which -- this bill supportable, the other bill was not.

SENATOR RODNEY ELLIS: No changes, I will not accept any changes.

SENATOR DAN PATRICK: Thank you, Senator.

SENATOR RODNEY ELLIS: Thank you.

SENATOR KEVIN ELTIFE: Senator Ellis moves suspension of the regular order of business to take up and consider Committee Substitute to House Bill 1386. Is there objection? Chair hears none, the rules are suspended. The Chair lays out on second reading Committee Substitute to House Bill 1386. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 1386 relating to the public health presented by youth suicide.

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

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

SENATOR KEVIN ELTIFE: Senator Van de Putte to explain the amendment.

SENATOR LETICIA VAN DE PUTTE: Thank you Mr. President and members, this is a bill, Senate Bill that passed unanimously out of the Senate here that allows for a marriage and family therapist to be used in the schools as they do. It clarifies, this bill passed unanimously out of the Senate and this is the compact language. Move adoption.

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

SENATOR RODNEY ELLIS: Fy might I want to make sure that Senator Patrick in no way did I offend him or my take so when I said I would not accept an amendment my reference was to bill in conference committee. So Senator Patrick does -- you voted for this before I just want to make sure it doesn't fief you any heartburn.

SENATOR KEVIN ELTIFE: Senator Patrick you're recognized.

SENATOR DAN PATRICK: Yes my heartburn is if in conference the House tries to put back in language that would require treatment or either permissive treatment without telling the parent.

SENATOR RODNEY ELLIS: It's acceptable to the author of the bill, sponsored bill.

SENATOR KEVIN ELTIFE: Senator Van de Putte moves adoption of floor amendment No. one it is acceptable to Ellis. There any objection in Chair hears none, floor amendment No. 1 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, Committee Substitute to House Bill 1386 is passed to third reading. Senator Ellis you're recognized for a motion to suspended spean the constitutional three day rule.

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

SENATOR KEVIN ELTIFE: The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 29 ayes, two nays, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to House Bill 1386. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 1386 relating to public health threat presented by youth suicide.

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 Committee Substitute House Bill 1386. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: Twenty-eight ayes, three nay, Committee Substitute to House Bill 1386 as amended is finally passed. Congratulations Senate Ellis.

SENATOR RODNEY ELLIS: 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 3199.

SENATOR CRAIG ESTES: Thank you Mr. President and members. The Texas department of agriculture sunset bill passed on the 81 legislative session repealed a provision of the agriculture code relating to the issuance by the department of agriculture of a certificate of authority for the grading of rose plants. The department no longer issues these certificates so the authorization is no longer needed. This bill would remedy TDA's authorization to adopt rules and procedures relating to the inspection and enforcement of rose grading requirements for all roads plants sold and offered for sale within this state and with that explanation I move to suspend the constitutional order of business and the Senate's regular order of business to take up and consider at this time House Bill 3199.

SENATOR KEVIN ELTIFE: Senator Estes moves suspension of the regular order of business to take up and consider House Bill 3199. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading House Bill 3199. The secretary will read the caption.

PATSY SPAW: House Bill 3199 relating to repeal and requirements relating to the grading of roses.

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

SENATOR CRAIG ESTES: I move Mr. President passage to third reading for House Bill 3199.

SENATOR KEVIN ELTIFE: Senator Estes moves passage to third reading. Is there objection? Chair hears none, House Bill 3199 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: The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, the rule is suspended. The Chair lays out on third reading and final passage House Bill 3199. The secretary will read the caption.

PATSY SPAW: House 3199 relating to the repeal and requirements relating to the grading of roses.

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

SENATOR CRAIG ESTES: Mr. President on behalf of roses that has gotten failing grades all over this state I move final passage of House Bill 3199.

SENATOR KEVIN ELTIFE: Senator Estes moves final passage of House Bill 3199 The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, House Bill 3199 is finally passed congratulations Senator Estes.

SENATOR CRAIG ESTES: Thank you Mr. President.

SENATOR KEVIN ELTIFE: Senator Davis recognized for a motion to suspend the regular order of business Committee Substitute House Bill 1334.

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 1334. Members House Bill 1334 would add protections for teaches in the case that reduce staffing at SBEC or technical issues would be SBEC fix process postpones removal of educator certification until the after the educator's current certification expires. It provides a protection where an educator has given all of the necessary materials to become recertified but the certification has lapsed through no fault of their own but only because of staffing hues at SBEC who have been unable to process the fiction. Mr. President I move to suspend the regular order of business.

SENATOR KEVIN ELTIFE: Senator Davis moves to suspend the regular order of business to take up and consider Committee Substitute to House Bill 1334. Is there objection? Chair hears none, the recall is suspended. The Chair lays out on second reading Committee Substitute to House Bill 1334. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 334 relating to the effect of delay by the state board of educator certification and renewing an educator's certification.

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, Committee Substitute House Bill 1334 is passed to third reading. Senator Davis is recognized for a motion to suspend the constitutional three day rue.

SENATOR WENDY DAVIS: So moved.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 30 ayes, one nay, the rule is suspended. The Chair lays out on third reading and final passage me constitute to House Bill 1334. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 1334 relating to the effect of a delay by the state board of educator certification renewing and educator fix.

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

SENATOR WENDY DAVIS: Thank you Mr. President I move final passage of Committee Substitute to House Bill 1334.

SENATOR KEVIN ELTIFE: Senator Davis now moves final passage of Committee Substitute to House Bill 1334. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, Committee Substitute to House Bill 1334 is finally passed. Congratulations Senator Davis.

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

SENATOR KEVIN ELTIFE: Senator Lucio is recognized for a motion to suspend the regular order of business House Bill 359.

SENATOR EDDIE LUCIO: Thank you Mr. President. I'd like to move at this time to suspend all necessary rules to take up and consider House Bill 359. Members this is a parental rights bill. The use of corporal punishment is prohibited in Texas presently but it's used in our classrooms without parental consent and even against the parent's wishes at times. This bill defines corporal punishment and says that if a school district admits adduce, the parent has the right to decide if corporal punishment can be questioned on their child. Parents are given the right to authorize or to revoke consent under this bill. In the House this bill was also amended to include House Bill 3758 by Representative Giddings. This additional language prohibits police from giving class C citations from children in 6th grade or under for certain low level behavior that are nonviolent. Members on behalf of Senator Van de Putte who offered an amendment in committee, I do are an amendment at this time. I move suspension of the bill -- of the rules.

SENATOR KEVIN ELTIFE: Senator Lucio moves suspension of the regular order of business to take up and consider House Bill 359. Is there objection? Chair hears none, the rules are suspended. The Chair lays out on second reading House Bill 359. The secretary will read the caption.

PATSY SPAW: House Bill 359 relating to the discipline in public schools.

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

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

SENATOR KEVIN ELTIFE: The Chair recognizes Senate Lucio on the committee amendment.

SENATOR EDDIE LUCIO: Thank you Mr. Chairman and on behalf of Senator Van de Putte her amendment exempt school districts and counties with a population of less than 50,000 people. This amendment strikes the bracket so that such bill is applicable statewide. Let me rephrase that. I misread. The bill was amended on the House floor to exempt school districts and counties with a population of less than 50,000 people. The amendment that Senator Van de Putte offered strikes the bracket to that the bill is applicable statewide.

SENATOR KEVIN ELTIFE: Members you heard the explanation of the committee amendment by Senate Lucio. Senator Lucio now moves adoption of committee amendment No. 1. Is there objection? Chair hears none, committee amendment No. 1 is adopted. The following amendment. Secretary please read the amendment.

PATSY SPAW: Floor amendment No. 1 by Lucio.

SENATOR KEVIN ELTIFE: Senator Lucio we'll wait one minute until the members have the amendment.

SENATOR EDDIE LUCIO: Sure not a problem.

SENATOR KEVIN ELTIFE: Senator Lucio to explain the amendment.

SENATOR EDDIE LUCIO: Thank you Mr. President and members. An exception has a specific legal definition in the penal code that can be unintended -- have unintended consequences. Therefore this amendment changes the exception language to merely say that these -- this orderly conduct offenses do not apply to certain students who commit them, these acts at school. This did not apply -- this does not apply phrase, it's the same ones that used successfully in other parts of the penal code and it will clearly signal to law enforcement and courts that we do not want our young children being criminally prosecuted for this conduct when it occurs at a school. Move adoption Mr. President.

SENATOR KEVIN ELTIFE: Senator Lucio moves adoption of floor amendment No. 1. Is there objection? Chair hears none, floor amendment No. 1 is adopted. Following amendment. Secretary please read the amendment.

PATSY SPAW: Floor amendment No. 2 by Davis.

SENATOR KEVIN ELTIFE: The Chair recognizes Senator Davis on floor amendment No. 2.

SENATOR WENDY DAVIS: Thank you Mr. President. This amendment is the absolute mirror of bill that we passed off the Senate floor earlier this session that's dying on the House calendar right now. It is simply an amendment that clarifies the rules and methods by which a student with disability may be retrained and it strengthens the current reporting method for retaining students with disabilities Mr. President I would move adoption of floor amendment No. 2. I believe it's accept b to the author.

SENATOR KEVIN ELTIFE: Senator Lucio on floor amendment number two.

SENATOR EDDIE LUCIO: It is acceptable.

SENATOR FLORENCE SHAPIRO: Mr. President.

SENATOR KEVIN ELTIFE: Senator Shapiro for what purpose?

SENATOR FLORENCE SHAPIRO: To understand what the amendment does. I have just seen this for the first time.

SENATOR KEVIN ELTIFE: Senator Davis will you yield to Senator Shapiro?

SENATOR WENDY DAVIS: Yes Senator Shapiro we passed this out of your committee unanimously and passed it off the Senate floor. This is the reporting requirement for students with disabilities who are being retrained. It clarifies that school peace officers that are performing law enforcement duties also have to comply with the reporting requirements. It's exactly like the bill that passed out of your committee and you voted for it in committee and on the Senate floor.

SENATOR FLORENCE SHAPIRO: Okay thank you.

SENATOR KEVIN ELTIFE: Thank you Senator Shapiro. Senator Ogden for what purpose?

SENATOR STEVE OGDEN: Senator Davis.

SENATOR WENDY DAVIS: Yes Senator Ogden.

SENATOR STEVE OGDEN: This looks exactly like the bill I voted against.

SENATOR WENDY DAVIS: You voted against it yes it was a 28 to two vote and you voted against it.

SENATOR STEVE OGDEN: Well, I'm used to those 28 to two votes but the issue I think I had was that basically peace officers who are working on school districts have to have some sort of extra training over and above what they get as a peace officer in order to deal with issues involving restraints applied to what? All children or just students with intellectual disabilities?

SENATOR WENDY DAVIS: No this is only dealing with students with disabilities and it's a reporting requirement. Several sessions back a reporting requirement was put many place so that when school officials or law enforcement officials rather are restraining a student with disabilities -- excuse me let me go back. School officials, when school officials are retaining a student with disabilities that hay would report that restraint and the reason for that is because there can be very dangerous situations are restraint and used and reporting is a very important tool for school districts and disabling advocates for use of restraints for children with special disabilities are properly followed. Unintended in the way the law was written when it was first passed was an exemption for officers who were performing law enforcement duties but sometimes a law enforcement officer is performing actually a school district duty because they've been hired by the school district and this loophole created school districts so long as they were using their office constitute police officer hires a school district employees to do the retraining they were able to circumvent the reporting requirement because it was considered a school employee or school official doing the retraining and therefore there's been a lack of failure of reporting on the restraining because law enforcement official were exempted.

SENATOR STEVE OGDEN: Well, do you know why school districts would try to wire around this issue? What would be the motive? I mean they don't intend to harm these children?

SENATOR WENDY DAVIS: No no I don't think they purposely at all tried to wire around this issue. But I think because law enforcement officers are the persons many times doing the restraint, the law enforcement officer doesn't feel that he or she has to feel out the report on the use of the restraint because the law wasn't clear that when they're acting if their capacity as an employee of the school district they are required to do that and we have worked with the law enforcement offs we have cleats support of this bill as well as the disability advocates.

SENATOR STEVE OGDEN: Do you have school district support in.

SENATOR WENDY DAVIS: Yes we do.

SENATOR STEVE OGDEN: So the school districts aren't complaining about another report that nobody's going to read?

SENATOR WENDY DAVIS: They're not explaining about it and with all do respect Senator Ogden, advocates do read these reports. It's very important to them because there really House Bill some problems in the pages the way restraints House Bill used on students with disabilities.

SENATOR STEVE OGDEN: So, now this is an extra requirement to that if a person who is performing law enforcement duties on a person with disabilities with restraint they're-on not on school ground they wont have to do this report but on school ground hay do, is this a big problem? I tell you why I'm asking this. I am use trying to get familiar with this. It looks to me like another vehicle to basically increase the bureaucratic load on school districts and possibly subject them to civil claims or lawsuits because of the way they're conducting their business and that may be appropriate if this is a big problem. Are rough aware of this being a being problem?

SENATOR WENDY DAVIS: Well, the reason the law was enacted to begin with several sessions ago is because it House Bill a bug problem. Students had died because of the improper use of restraints.

SENATOR STEVE OGDEN: By law enforcement oses? I mean do we have an example of law enforcement officers using restraints that required -- that caused students tody in our school, do you know of any example like that.

SENATOR WENDY DAVIS: Senator Ogden I don't know if the persons involved in that whether they were law enforcement offers or teaches in a classroom using a special restraint I am not sure about that but the reason the law passed was twofold. No. 1 to put in place official training for the use of those restraints and No. 2 to require that reports be used every time the restraints were used to assure that there wasn't abuse of the use of a restraint mechanism. Some of these children can be uniquely challenging in a classroom setting and sometimes unfortunately restraints are use when had they real shouldn't be because the person in charge of the student becomes frustrated with their inability to deal with the activity that's going on. The reporting is a very important component because it lets disability advocates and parents understand the prevalence under which their particular child might be put in restraint. They of course want to know that. Its been the case however that it's not just case -- class employee who used these restraints. Oftentimes because our school districts all over the state of Texas also hire off duty police officers to perform measures at their schools, sometimes that person is called into the classroom to utilize the restraint and if we don't require that all use of restraint be reported whether it's through someone who was hired by the school district as a security officer or whether it's nan we consider a more traditional employee of the school district, we won't really know the prevalence by which the use of these restraints are being used and certainly as a parent who has a child in the school who might be under going restraints, they have every right to know when the restraints are being used and why they're being used regardless of who's doing it so long as it's been done on behalf of the school district? A school building in a school closet classroom and this is to make sure there's not a loophole in that reporting requirement and again as I said cleat is good with it and the school districts are good with it as are the disability advocates. We didn't have anyone testify against this bill because we worked with all parties to make sure they were all good with the language.

SENATOR STEVE OGDEN: But they're going to know this anyway because the way I read this is a peace officer performing law enforcement duties except as provided by subsection I which means I guess subsection I is the reporting right?

SENATOR WENDY DAVIS: Yes.

SENATOR STEVE OGDEN: If a peace offices performing law enforcement duties that would assume that they would be arresting or in now involved in om or the of legal issue involving these students and wont the legal reporting requirement associated with performing law enforcement constitutes provide any parent with enough information that they would have to know?

SENATOR WENDY DAVIS: Well, that's the point. When they walk on the school campus and they've been hired as a peace officer, a curet officer for the school, they aren't in that instance providing law enforcement duties. So no they're not going back to their police station and filling out a report because they're not working in their capacity as a pavers. They're working? A private setting for a school district as school district subcontracted employee and so no they don't are tag back to the police station and fill out a report on it as they would if they were out on the Street doing their police duty.

SENATOR STEVE OGDEN: Okay, thank you.

SENATOR WENDY DAVIS: Thank you.

SENATOR KEVIN ELTIFE: Thank you, Senator Ogden. Senator Davis has moved adoption of floor amendment No. 2. It's acceptable to Lucio. Is there objection? Chair hears none, floor amendment No. 2 is adopted with objection.

SENATOR WENDY DAVIS: Thank you members.

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

SENATOR EDDIE LUCIO: I would lake to u to third reading at this time for House Bill 359.

SENATOR KEVIN ELTIFE: Senator Lucio now moves passage to third readings. Is there objection? Chair hears none, House Bill 359 is passed to third reading as amended. Senator Lucio is recognized for a motion to suspend the constitutional three day rule.

SENATOR EDDIE LUCIO: So moved Mr. President.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 29 ayes, two nays, the rule is suspended. The Chair lays out on third reading and final passage House Bill 359. The secretary will read the caption.

PATSY SPAW: House Bill 359 relating to discipline in public schools.

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

SENATOR EDDIE LUCIO: Mr. President and members I'd like to puff final passage of House Bill 359.

SENATOR KEVIN ELTIFE: Senator Lucio now moves final passage of House Bill 359 as amended. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 29 ayes, two nays, House Bill 359 is finally passed. Congratulations Senate Lucio.

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

SENATOR KEVIN ELTIFE: Senator Williams is recognized for a motion to suspend the regular order of business on House Bill 2734.

SENATOR TOMMY WILLIAMS: Thank you Mr. President and members. In fiscal year 2010 there were 3,189 offenders in our prison system who had final orders for deportation and what that means that these people had active immigration and customs detainers and were to be reported upon release to ICE, however because of a backlog in deportation ICE priorities, it wasn't always a fact that those people were actually deported back to the country of their origin. This bill would require the parole panel to add as a parole or mandatory

(inaudible) that illegal criminal aliens release to the custody of ICE leave the country as soon as possible upon release and not (inaudible) enter the United States. The parole panel or designated agent would conduct a hearing to consider any mitigating circumstances if requested by the offender. This bill came out of the House committee without opposition and was sent to the local p uncontested calendars. Members I have to are your attention because I want to offer an amendment and I want to be sure even understands before we suspend exactly what I am doing with this amendment. I am going to take the language that passed out of this body that's on Senate Bill nine that deals with the secured communities program and add that to this bill. The secure communities program is already in place in 254 counties across our state. This amendment will make sure people who are arrested and taken to a city or municipal jail are also run through the secured cities program. To if you supported Senate Bill nine this is the compact language that came out of that, we're not adding to that beyond that and given the limited nature of this bill you think it's the only part of the Senate Bill nine that will fit into that. And with that Mr. President I move to suspend the regular order of business to take up and consider House Bill 2334.

SENATOR KEVIN ELTIFE: Senator Watson for what purpose?

SENATOR KIRK WATSON: Question of the.

SENATOR KEVIN ELTIFE: Senator Williams yield in.

SENATOR TOMMY WILLIAMS: I yield.

SENATOR KIRK WATSON: Thank you very much Mr. President and thank you, Senator Williams. I want to make sure that we had a discussion beforehand to make sure we know what we're voting on before we vote to suspend and you've been just good enough to lay out just the one amendment that you're going to offer. Do you know of any other amendments that any other member is going to offer?

SENATOR TOMMY WILLIAMS: I am not aware of any other amendments that have been filed and I think this bill, the scope of this bill is such that with respect to all the other issues out there related to this it's the only thing I think will fit.

SENATOR KIRK WATSON: And I appreciate, you shared that with me, and I appreciate your thought process on that. So let's take a few of the other things that might be out there. Many of us are concerned that this bill someone might you or machine might use it to try to put parts of H -- currently what is HB12 or what some of us generally refer to as the sanctuary cities bill onto. You don't believe that that is germane to this bill that is correct.

SENATOR TOMMY WILLIAMS: I don't think it is.

SENATOR KIRK WATSON: And you would not accept an amendment, that amendment would not be acceptable to you and you are not intending to offer any aments.

SENATOR TOMMY WILLIAMS: I would not because this is a good bill that Representative madden has here in fact as I told you earlier I wish I thought of this.

SENATOR KIRK WATSON: Right.

SENATOR TOMMY WILLIAMS: It's really something that has sort of been a missingling in this whole thing of how to we get people who are in our country who have committed criminal acts how do we make sure we get them out of the country when their time is up and I think this did a good remember of addressing that. So I don't want to -- I say that and my point real is I don't want to do anything that would harm his bill and as you know the House is pretty strict about their germaneness interpretation. I think this is the cured communities program clearly would be germane but I don't think about any part of the sanctuary cities bill would be germane to this.

SENATOR KIRK WATSON: And as I understand it you wouldn't accept -- if we vote to suspend on 2724 with exception to the one amendment you have -- the one amendment that you're going to offer your not going to accept any amendment that adds HB12 or any part of the sanctuary cities bill on this; is that correct?

SENATOR TOMMY WILLIAMS: No I think that would be harmful to Representative Madden's bill and wouldn't vote to do that.

SENATOR KIRK WATSON: All right. Let's talk about conference committee. If it gets to conference committee p anyone attempts to any part of the sanctions bill or HB12 onto 2734 --

SENATOR TOMMY WILLIAMS: Senator Watson as I told you've many times and it's still my intentions I think the sanctuarities bill is an important bill p you and I disagree on that but I think it's a separate issue from those Homeland related issues and that it needs to be debated separately and so you know it's not my intention to put this in here or in conference or any where else.

SENATOR KIRK WATSON: And I understand that and I have had that conversation and I appreciate the things you have taked on it but that's why I want to make you aware that everybody knows what you and I have talked about in regard.

SENATOR TOMMY WILLIAMS: Yeah at some point before we run out of time I'm going to move to bring the sanctuary cities bill up, I support it, we're going to work on that issue separately and you know I am going to do my best to pass it but it's not going to be a part of this legislation.

SENATOR KIRK WATSON: And so if were to try to bring it up as part of conference work on 3724 you would be opposed to that, you would --

SENATOR TOMMY WILLIAMS: I think it would violate the two subject rule I don't think it can go in there.

SENATOR KIRK WATSON: I understand that but I worry about some of the procedures here at the end. I'm looking for your commitment that you as the sponsor of 2734 will do what you need to do to make sure that none of that sanctuary city bill gets on 3724 before you and I vote to suspend on 3724.

SENATOR TOMMY WILLIAMS: That is my commitment to you.

SENATOR KIRK WATSON: Thank you very much Mr. Chairman.

SENATOR KEVIN ELTIFE: Senator Lucio for what purpose?

SENATOR EDDIE LUCIO: The gentleman yield?

SENATOR KEVIN ELTIFE: Will the gentleman yield?

SENATOR TOMMY WILLIAMS: Be glad to yield.

SENATOR EDDIE LUCIO: Senator Williams thank you for your leadership and thank you for your commitment as expressed to Senator Watson and the body. I wanted to ask you you mentioned Senate Bill nine you and I have worked very closely and I appreciate the support you have given me in fact your a coauthor of southbound checkpoitns, is that going to be in the amendment that you're offering on this bill?

SENATOR TOMMY WILLIAMS: It will not be and it's not germane to this bill. I'm in support of what you're trying to do. I am looking for places to put that and what we can do, now. I'm not clear -- u had a separate bill on that, what's (inaudible.)

SENATOR EDDIE LUCIO: In that case I hope you would join me in working with our colleagues across the way because it's stuck in calendar.

SENATOR TOMMY WILLIAMS: Oh okay.

SENATOR EDDIE LUCIO: And it's the 11th-hour and I hope Senator Williams that you would join with me.

SENATOR TOMMY WILLIAMS: Well, I'm not sure you would want my help with the calendar committee over there. Doesn't seem to be too useful right now.

SENATOR EDDIE LUCIO: I'm sure -- too but thank you for your work on it.

SENATOR TOMMY WILLIAMS: Yeah thank you. Mr. President I move to suspend the Senate's regular order of business to take up and consider House Bill 3724.

SENATOR KEVIN ELTIFE: Senator Rodriguez for what purpose?

SENATOR JOSE RODRIGUEZ: To ask the Senate a question.

SENATOR KEVIN ELTIFE: Senator Williams yield?

SENATOR TOMMY WILLIAMS: I'd be glad to yield.

SENATOR JOSE RODRIGUEZ: Senator Williams I think I appreciate what your trying to do here with Representative madden's bill but I just wanted to ask you a question on the secured communities amendment that you want to offer and you know how I felt about that and in fact voted against SB9 in part because of secured communities. Are you aware just recently in the last week or so federal government has launched an investigation against the securities community program because of abuses that people have complained about throughout the country?

SENATOR TOMMY WILLIAMS: Senator Rodriguez you shared some of that information with me, and you and I disagree on that issue. It's a program that is operating right now in all 254 counties in our state. I think very successfully and this is the same language I understand you're opposed to it, it is a federal program that has wide spread acceptance, that's not to say it can't be improved on but there's no reason we shan't implement this in our city and municipal jails in my estimation.

SENATOR JOSE RODRIGUEZ: Well, here's the concerns I have and if you will just bear with me in part. Apart from the information, apart from allegations that promises were made that this was going to be focused that this was going to be voluntary and not mandatory and you know the congresswoman from California has made a big issue of that I believe it's congresswoman love rine but apart from that we have as most jurisdictions have, in fact, a version of secured communities and one of the concerns I have is that for example in El Paso we have secured communities in our sheriff's department but it does not target people who are charged with class C misdemeanors for example and in other jurisdictions I believe even here in Austin people with class C misdemeanors are, in fact, brought into the program and the reason that's a concern is because when this program was initiated the federal government aid we're doing this so we can clear our country of the violent undocumented immigrants that are committing serious violent crime and so what its turned out to be though is only I think about 22 percent of the cases involved serious crime. The rest are people who either had class Cs or not even a conviction not even a criminal violation but ended up getting deported and the concern that we have and let me ask you, do you not thing it's the concern that people might not report crime particularly for example family violence crimes if they have not committed any crime themselves but by reporting that crime that under the secured communities the perpetrator or the abuser might go to the cops she initiated it, to she might get taken in, he didn't do anything and all of a sudden how she's caught up, she's got U.S. citizens here caught up in deportation proceedings? You're not concerned about that under this program in.

SENATOR TOMMY WILLIAMS: I am not.

SENATOR JOSE RODRIGUEZ: As well as the fact that people get caught up in this and just simply are not willing for the same reasons that we have opposition who House Bill 12 not willing to corporate with law enforcement I think that's a serious concern for us and I want to let you know I won't be able to support you in this amendment or this bill for that reason as I did on SB9.

SENATOR TOMMY WILLIAMS: Thank you Senator Rodriguez.

SENATOR JOSE RODRIGUEZ: But I do appreciate your work on this.

SENATOR KEVIN ELTIFE: Thank you Senator Rodriguez. Senator Williams now moves suspension of the regular order of business to take up and consider House Bill 2734. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 30 ayes, one nay, the rule is suspended. The Chair lays out on second reading House Bill 2734. The secretary will read the caption.

PATSY SPAW: House Bill 2734 relating to certain mandatory conditions of parole or mandatory supervision for a illegal criminal alien.

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

PATSY SPAW: Floor amendment No. one by Williams.

SENATOR KEVIN ELTIFE: Senator Williams to explain floor amendment No. 1.

SENATOR TOMMY WILLIAMS: Thank you Mr. President and members, this is the amendment that I complained in my suspension explanation. This amendment would require every person who is arrested and booked into jail to be run through the federal cured communities program. It's already in use in the county jails in our state. The change would address a loophole where people who are arrested and never talk ton a county jail are not run through the secured communities program. It's a -- the compact language that we had in Senate Bill nine. I move adoption.

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

SENATOR TOMMY WILLIAMS: I move passage to third reading of House Bill 2734 as amended.

SENATOR KEVIN ELTIFE: Senator Williams now moves passage to third reading. Is there objection? Chair hears none, House Bill 2734 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.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 30 ayes, one nay, the rule is suspended. The Chair lays out on third reading and final passage House Bill 2734. The secretary will read the caption.

PATSY SPAW: House Bill 2734 relating to certain mandatory condition offense parole or mandatory supervision for illegal criminal aliens.

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

SENATOR TOMMY WILLIAMS: I move final passage.

SENATOR KEVIN ELTIFE: Senator Williams u moves final passage of House Bill 2734. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 30 ayes, one nay, House Bill 2734s is finally passed. Congratulation Senate Williams.

SENATOR TOMMY WILLIAMS: 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 House Bill 1797.

SENATOR JOSE RODRIGUEZ: Thank you Mr. President and members, House Bill 1797 amends the occupations code as it relates to who's eligible to take the social work licensing exam. Currently a person is not allowed to identify themselves or herself as a social worker until the person has passed certain licensing examinations conducted by the Texas board of social work examiners. Noshed to take the test for a social work license an applicant must hold the appropriate social work degree from a higher education program accredited by the counsel on social work education. How far it talks three to four years for a social work programs that in candidacy for accreditation to achieve accreditation which leaves students who are earned the degrees and graduated from the program without the opportunity to test for licensure until the program candidacy, House Bill 1797 as engrossed amends section 505.353 of the applications code to allow an ridge who holds a masters or baccalaureate degree from a social worker program candidacy for accreditation to be eligible to take the social work licensing program. This is going to help insure the orb work degree workers can sit for the exam and earn the work force -- enter the work forces a licensed social workers if they prove competency hut exam. 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 1797.

SENATOR KEVIN ELTIFE: Senator Rodriguez moves suspension of the regular order of business to take up and consider House Bill 1797. Is there objection? Chair hears none, rule suspended. The Chair lays out on second reading House Bill 1797. The secretary will read the caption.

PATSY SPAW: House Bill 1797 relating to a person's eligibility to obtain a license in social work.

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

PATSY SPAW: Floor amendment No. 1 by Huffman.

SENATOR KEVIN ELTIFE: Senator Huffman to explain floor amendment No. 1.

SENATOR JOAN HUFFMAN: Thank you Mr. President. Members this amendment protects our universities and allows them to continue their current practice of employing social work faculties that do not work in a clinical setting from being required to be licensed as a clinical social worker. I move for adoption.

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

SENATOR JOSE RODRIGUEZ: The amendment is acceptable Mr. President.

SENATOR KEVIN ELTIFE: Thank you. Senator Huffman moves adoption of floor amendment No. 1. It is acceptable to Senator Rodriguez. Is there objection? Chair hears none, gnar amendment No. one is adopted. Thank you Senator Huffman. Senator Rodriguez you're recognized for a motion.

SENATOR JOSE RODRIGUEZ: Thank you Mr. President. Members I move passage to third reading.

SENATOR KEVIN ELTIFE: Senator Rodriguez now moves passage to third reading. Is there objection? Chair hears none, bill 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: The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 31 ayes, no nay, rules are suspended. The Chair lays out on third reading final passage House Bill 1797. The secretary will read the caption.

PATSY SPAW: House Bill 1797 relating to a person's eligibility to obtain a license in social work.

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 1797. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 31 ayes, and zero nay, House Bill 1797 is finally passed. Congratulations Senator Rodriguez.

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

SENATOR KEVIN ELTIFE: Thank you. Mr. Doorkeeper. admit the messenger. Admit the messenger. Thank you Mr. Messenger. The Chair recognizes Senator Whitmire for a motion to suspend the regular order of business on Committee Substitute to House Bill 1451.

SENATOR JOHN WHITMIRE: Thank you Mr. President and members. I'd like to move to suspend the Senate's regular order of business to the take up and consider Committee Substitute to House Bill 1451. Members, 1451 by Representative Thompson provides for licensing regulation of large cat and dog breeders. The bill only applies to breeders who have 11 or more intact animals that are being bread for direct or indirect sales. We'll have a floor amendment which will change the definition that says must also include sales 20 dogs or cats a year. We have worked very diligently with many of the stakeholder groups. The language and the changes now conform with the agreed purpose by the cattle raiser association, the wildlife association, and I would move suspension at this time. I would move suspension at this time.

SENATOR KEVIN ELTIFE: Senator Whitmire move suspension of the regular order of business to take up and consider Committee Substitute to House Bill 1451. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: Twenty-five ayes, six nays, the rules are suspended. The Chair lays out on second reading Committee Substitute to House Bill 1451. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 1451 relating to the licensing and regulation of certain dog and cat breeders.

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

PATSY SPAW: Floor amendment No. 1 by Whitmire.

SENATOR KEVIN ELTIFE: Senator Whitmire to explain floor amendment No. 1.

SENATOR JOHN WHITMIRE: Thank you Mr. President and members, originally the legislation would have the breeders that would be regulated the threshold was 11 in fact female dogs or cats, female dog or cats with the agreed new language and compromise it was included that you must sale or exchange 20 animals a year and this would go to the desired purpose of the legislation to get to those that are in the retail puppy mill and cat business. It exempts hunting animals, it exempts bird dogs, greyhound, animals regulated by other constitutes so the narrowly defined purpose of this legislation is to get to those that are operating very un-croup louse unhealthy to not only animals but to the public true puppy mills which leads to all kinds health and animal welfare issues. I move adoption of committee amendment of floor amendment one.

SENATOR KEVIN ELTIFE: Senator Jackson for what purpose?

SENATOR MIKE JACKSON: Will the Senate yield?

SENATOR KEVIN ELTIFE: Senator Whitmire yield?

SENATOR JOHN WHITMIRE: Be glad to.

SENATOR MIKE JACKSON: Thank you. Senator Whitmire, I know that you have done a lot of wok on this bill and tack today a lot of the members about this bill. I use had a could of questions on things that I am reading in my staff notes on the bill. Does the bill set up an annual registration fee or that left up to TDLR in the registration?

SENATOR JOHN WHITMIRE: TDLR will establish that based on the needs and the number of breeders that will be licensed.

SENATOR MIKE JACKSON: Okay so --

SENATOR JOHN WHITMIRE: Its been significantly reduced the fiscal note and the necessary cost because we've narrowed the cope of the legislation so much more than when it arrived from the House.

SENATOR MIKE JACKSON: Okay is TDLR the one that will doing the enforcement provision of this?

SENATOR JOHN WHITMIRE: It will adopt rules and pleasure regional fees and over see the compliance with the statute.

SENATOR MIKE JACKSON: Okay do -- just in the way you in-rigs this working would you think the TDLR would react to a complaint that may be filed by someone before they go and investigate or --

SENATOR JOHN WHITMIRE: Yes, sir we're going to monitor this and certainly as you know any legislation can be improved we'll monitor very carefully and we'll come back next session and make any additions or reforms that are necessary.

SENATOR MIKE JACKSON: Okay is the language that says that an owner I guess in this case or in-tans it would be a breeder still there where the fingernails of the dog have to be cut and that the -- I mean just about everyone has annual vaccinations or shots and cats to the vet where you have an annual trip. Is all of that -- I mean I am just kind of worried about we're outlining according to the information I'm look at a series of events that may need to be taken to r taken care of once a year and I'm just wondering how --

SENATOR JOHN WHITMIRE: That was written by the veterinary medical ocean for the health and welfare and as I've said we have narrowed the cope of it to ouch that by the time you exempt hunting dogs and shepherding dogs, herding exemption is truly going to get to those very large breeders that sale, Senate Jackson, you got to sale 20 or more puppies a year or this is not apply to you. So the veterinarian medical association came to the sponsors with what they believe would be reasonable expectations and requirements and I will commit to you that we'll they very close to the issue and if we need to come back and misdemeanor fie it, we will.

SENATOR MIKE JACKSON: Okay.

SENATOR JOHN WHITMIRE: I quite frankly am dependent on experts and people that go to school on these issues over my points of view.

SENATOR MIKE JACKSON: Well, I realize there's a problem out there when you see people on the ide of the highway or whatever on the weekend with 20 puppies and dogs for sell that type of thing and I like you am concerned about regulating where you have the dog police or the cat police coming in to make sure that your dogs or cats nails are clipped that its been bathed that you have all the records of vaccinations and that type thing and hopefully I am supporting your bill because of the amendments that you have put on to try to not inter-fear or try to fix a problem where it doesn't exist but you know we're till trying to take care of problem areas that do pop up mostly in the city so --

SENATOR JOHN WHITMIRE: Ill be on the look out as I'm sure all of our colleagues will for any unintended consequences. It's strictly my intent to get after those unscrupulous operates of puppy mills. I've had two senators come and report to me terrible instances where they received an animal from as they traced it up treatment from a puppy mill and the dogs are extreme health and other issues that your and my constituents should not experience, not to mention inhumane conditions and treatment of those animals. We can top it. It's a very serious piece of legislation and we work with all the stake holders and it's a bill that I think goes to the problem that puppy mills create. In fact we're really after the prevention and to deter people. Let them know they got to top this practice and this doesn't work we'll talk the next step, we probably need to enhance the penalty of cruelty to animals which we're going to be following very carefully but the main thing is to stop the breeding forms of dogs and cats and inhumane unhealthy, unsanitary conditions.

SENATOR MIKE JACKSON: Okay and use to be sure this bill only applies to use dogs and cats is that true?

SENATOR JOHN WHITMIRE: Dogs and cats, dogs and cats you got to have 11 intact females and you got to have to be selling 20. I mean that's a very reasonable threshold for us to consider.

SENATOR MIKE JACKSON: Okay thank you Senator Whitmire.

SENATOR JOHN WHITMIRE: You got it. I move adoption Mr. President.

SENATOR STEVE OGDEN: Senator Wentworth for what purpose do you rise? You're recognized.

SENATOR JEFF WENTWORTH: Will the Senate yield?

SENATOR JOHN WHITMIRE: Yes, sir.

SENATOR JEFF WENTWORTH: Senator we've talked about this several times and I pointed out I'm trying to find and I don't find -- could have any other amendments or is this it.

SENATOR JOHN WHITMIRE: I'm sorry what?

SENATOR JEFF WENTWORTH: Tough any other amendments to the bill?

SENATOR JOHN WHITMIRE: I can't hear you.

SENATOR JEFF WENTWORTH: Do you have any other amendments yourself that you're offering to the bill in.

SENATOR JOHN WHITMIRE: No, sir.

SENATOR JEFF WENTWORTH: I had a concern about on page eight of the bill that you and I visited some timing a that I thought was inappropriate and I was hoping that you would have and I under that you were going to talk care of it.

SENATOR JOHN WHITMIRE: We did it. Laura told me that we did it in committee, your concern. You've didn't want them to be able to adopt new standards and they will no longer be allowed to.

SENATOR JEFF WENTWORTH: According to page eight the copy that I've got, the mission by rule pay adopt standards as necessary to protect or improve the health and well being of animals or to protect the health and sate of the public just giving them free license and reign to do whatever they want to.

SENATOR JOHN WHITMIRE: No it's modifying existing standards. The original language would allow them to create new standards that allows them to modify standards as necessary to protect and improve the health and well being of the animals.

SENATOR JEFF WENTWORTH: Modify existing standards, well modify just meaning change them. I am concerned that we're just really delegating to the commissioning they want to do.

SENATOR JOHN WHITMIRE: That's not my intent and they know what our intent is and the people that we worked with are cattle raisers and wildlife ocean have agree today this language and I know that was some of the people that were talking to u and so you know I put a group of individuals? A working group p so the people that you told me had expressed concerns we took their language, they agreed to the language and that's probably the best I can do is listen to the folks that were so actively involved.

SENATOR JEFF WENTWORTH: Thank you very much.

SENATOR STEVE OGDEN: Chair recognizes Senator Uresti to ask the author a question.

SENATOR CARLOS URESTI: Thank you Mr. President. Senator Whitmire, I know getting your 21 votes on this bill has been like herding cats but I want to thank you for being a leader on the pact of this important issue and I know this has been you on you over the last couple of weeks and I just want to thank you for putting a leash on this important issue. Thank you Senator Whitmire.

SENATOR JOHN WHITMIRE: I value your judgment.

SENATOR STEVE OGDEN: Was that a question? All right.

SENATOR JOHN WHITMIRE: I'm not sure what it was.

SENATOR STEVE OGDEN: Senator whit mire you're recognized for a motion.

SENATOR JOHN WHITMIRE: I move to adopt floor amendment No. 1.

SENATOR STEVE OGDEN: All right the flowing amendment -- all right we have an amendment to the amendment Senator Whitmire. Following amendment. Secretary read the amendment.

PATSY SPAW: Floor amendment No. 2 amending floor amendment No. 1. By Fraser.

SENATOR STEVE OGDEN: Senator Fraser you're recognized on your amendment. It's not that long. Senator Fraser pho ahead.

SENATOR TROY FRASER: Member this is amendment is really pretty simple. If you look at this the wrong numbers of the bill itself the bill allows for females any of you've that have ever had a dog and your dog had litters of puppy the puppies, the litter usually ranges from three or four dogs up to four, it's not unusual for a dog to have six, eight, maybe ten puppies. If you had 11 females and you multiply that times five or six your going to exceed the number pretty quick for someone that's raising dogs so I would you know my amendment it just says let's change the number from 20 to 60 interestingly -- this is the amendment number that has been used in both Pennsylvania and Ohio and more closely conforms to be the more commericial side of the operation. So I would now move adoption of the amendment.

SENATOR STEVE OGDEN: Senator Whitmire you're recognized on the amendment.

SENATOR JOHN WHITMIRE: Yeah I'd like to speak against the amendment. First of all Senator Fraser most states use three intact dogs and the scenario that you gave all those little puppies at the same time they're not intact females if you're familiar with the term. So what you really described sounded like a puppy mill quite frankly and I know you wouldn't be looking out for the puppy mills but the near where you have multiple litters of puppies. At the same time they will not be covered if they're hunting or herding animals and also the condition that you left out when you go to those higher numbers they would say you're regulated if you sell one animal and of course we put a special of 20 to try to get to just the puppy mills. Respectfully -- I noticed you voted not to suspend. I think you would gutting the bill if you put the threshold at 20 intact together which would not be the senario you described and if you put 60 that you have to sell you would genuinely have a puppy mill, is what we're trying to prevent. So I would you have to table the Fraser amendment at this time.

SENATOR STEVE OGDEN: All right Senator Whitmire moves to table floor amendment two. Senator Fraser to close.

SENATOR TROY FRASER: I now close.

SENATOR STEVE OGDEN: All right the motion is on the motion to table floor amendment No. 2. The secretary will call the roll.

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

SENATOR STEVE OGDEN: There being 25 ayes and six nay, amendment No. 2 is tabled. Senator Whitmire you're --

SENATOR JOHN WHITMIRE: I move suspension Mr. President.

SENATOR STEVE OGDEN: We may have another amendment. Just a minute.

SENATOR JOHN WHITMIRE: Oh.

SENATOR STEVE OGDEN: All right Senator Whitmire moves to adopt floor amendment No. 1. There objection in there's no objection floor amendment No. 1 is adopted. Following amendment. Secretary read the amendment.the following amendment. There is some confusion to the secretary will read the amendment.

PATSY SPAW: Amendment No. 3 by Hegar amending CSHB1451 Senate committee printing? Section two of the bill and section 802.102B8 occupation code page eight lines 29 through 30 truce the under lined language at least one veterinary examination a year for a breeding animal and constitute veterinary care as necessary to maintain each breeding animal in a state of good health.

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

SENATOR GLENN HEGAR: Thank you Mr. President and members, this bill requires -- the bill requires each breeding animal to undergo annual veterinary examination. My concern that this could require certain animals to be healthy exam, we certainly do not -- we want animals to be well cared for but we also do not want a mandatory that mandates unnecessary expense. This amendment would you have required annual examinations and entad provide that veterinarian care would be required as necessary to maintain the breeding animal in a state of good health and I think it maybe acceptable to the author. Not sure.

SENATOR STEVE OGDEN: Senator Whitmire you're recognized on the amendment.

SENATOR JOHN WHITMIRE: Actually Senate Hegar I am going to lay out the issue and you did a good job of complaining the amendment.

SENATOR GLENN HEGAR: Yes, sir.

SENATOR JOHN WHITMIRE: First of all our standards were established by the veterinarian medical association to try to get to those specific breeders that are not exempted by this constitute and hay felt like the examination of people running these breeding operations to have their females that are being bread to be receiving vet nare attention. You aid a reasonable examination if necessary and ill leave that to the will of the body.

SENATOR GLENN HEGAR: Thank you thank you members, dean. I would ask to off adoption.

SENATOR JOHN WHITMIRE: Obviously I would move to table.

SENATOR GLENN HEGAR: Sorry dean, all right.

SENATOR JOHN WHITMIRE: Move to table and I think like I aid this is a well worked probably worked piece of legislation there's been in recent time by the talk holders because there was so much misinformation to we got the people that wanted to be exempt the chief herders, wildlife association and it was a finely tune piece of legislation. I respect your concerns.

SENATOR GLENN HEGAR: Yes, sir.

SENATOR JOHN WHITMIRE: I would issue to table it and let the members look at the language and decide for themselves.

SENATOR GLENN HEGAR: Okay.

SENATOR JOHN WHITMIRE: I move to table at this time:

SENATOR STEVE OGDEN: Senator Whitmire pews to table floor amendment No. 3. Senator Hegar to close.

SENATOR GLENN HEGAR: Thank you Mr. President and members. Senator Whitmire I appreciate all your work on this bill I know you put a tremendous amount of work over the last several weeks and through the education and Representative Thompson as well. I use want to make sure that we don't are an unnecessary expense for owners of animals because mandating a yearly vet exam is not necessarily in the best interest of the animal and surely not the beans of the owner but this would make sure the animals do stay in good health and I think this is a little bit of a perfecting amendment that would strike the right compromise and I would ask that u vote against the motion to table h floor amendment No. 3.

SENATOR STEVE OGDEN: All right Senate Jackson this is not a debatable motion. Do you wish that Senator Whitmire withdraws his motion or use wait?

SENATOR MIKE JACKSON: If he wowed. I just have a question of Senator Whitmire or Senate Hegar.

SENATOR STEVE OGDEN: All right hold on a second. Will you make your motion to table in.

SENATOR JOHN WHITMIRE: What I was going to suggest would it be use efficient to have an up or down vote?

SENATOR STEVE OGDEN: Just as efficient. But Senate Jackson wants to ask you ago question.

SENATOR JOHN WHITMIRE: Oh me. Yeah I withdraw my motion.

SENATOR STEVE OGDEN: Senator Jackson for what purpose to you rise in.

SENATOR MIKE JACKSON: Will Senator Whitmire yield?

SENATOR JOHN WHITMIRE: I do.

SENATOR MIKE JACKSON: Thank you Senator Whitmire. I just want to go back to what we were talking about a little bit earlier on what in your opinion would trigger an action by TDLR that would cause them to go in and investigate and I thought you said that would be a complaint by someone, that is correct in that most of the enforcement actions would be triggered by a complaint?

SENATOR JOHN WHITMIRE: No the complaints would get their intervention but people are going to be modified. It's a very narrow -- let me tell you when you exempt hunting dogs all the other categories then you put the threshold you got to have 11 intact females you have to sale 20, we are narrowing it to a very specific group of breeders. And that's why even Senate Hegar's amendment could be unreasonable because first of all you're going to be running large breeding operations. Essentially they're going to be the puppy mills so if you're going to in-sis or reraising that type of folks and your not covered by exemptions the medical association, the veternarian medical association felt like you need if you're in the breeding business and your going to have that large operation, you need the veterinarian services. This is going to be no different mic, than what we do to license other people. The state will establish the notice. Obviously if you don't conform if you fpllow within the guildeines probably how old complain. A lot of this is very much an inner circle. People -- these puppy mills sell them to retail outlets and the word's going to go out that someone is operating a puppy unregulated and that's the purpose for the veterinarian review. So this is no different from any other type license that we operate. I mean in business and commerce we always roofers coming through there being regulated today and in fact every other industry known to this state and this would be treated no different.

SENATOR MIKE JACKSON: Okay well first off it's very obvious to me why veterinarian association would want to mandate every animals that associated with this bill would have to come into their office once a year. That's very understandable. But on the other hand if we're just looking to make sure that we have healthy stock and that people can keep their animals health, y you know that every time they're going to sell a puppy, that puppy has to have its shots and papers when it's going to be sold. So all of those puppies are going to be going into the vet. When they're old enough two months, six weeks whatever it may be but I am use like Senate Hegar hate to put it into law that somebody's going on in violation understand hay can pull paper work or certificate that shows every year where this animal has been to the veterinary clinic.

SENATOR JOHN WHITMIRE: You know I respect that point of view and that's the reason I said I would leave it to the will of the Senate. The working product, the compromised legislation called for annual but Senate Hegar says veterinary care necessary to maintain each breeding animal in a state of good health and the licensing department will lack at that and come up with what they think is necessary to maintain the health and welfare and that might essential work but because I worked with these different stake holders I agreed to try to keep the agreement in tack as you well know how the system works. If I felt very strenuously that it did harm to the bill or to the purpose of the bill, I would be jumping up and down and trying to argue against it but I think we had a good dialogue and I'll leave it to the body to choose.

SENATOR MIKE JACKSON: Okay thank you Senator Whitmire.

SENATOR STEVE OGDEN: All right Senator Whitmire moves again to table floor amendment No. 3. Senator Hegar to close.

SENATOR GLENN HEGAR: Again members, I would ask to vote no on the motion to table.

SENATOR STEVE 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, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

SENATOR STEVE OGDEN: There being 17 ayes and 14 nay, the amendment tables. The following amendment, the secretary will read the amendment.

PATSY SPAW: Floor amendment No. 4 by Hegar.

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

SENATOR GLENN HEGAR: The bill as it stands would prohibit any licensed breeder who is not a vet from euthanizing an animal. The concern we're removing the authority for a licensed breeder to euthanize an animal might lead to undo delay and suffering for sick young animals. This amendment would add adult before animal and in doing so authorize a license breeder to euthanize an animal that is under six months of age and I ask that the dean throw me a bone and accept my amendment.

SENATOR JOHN WHITMIRE: Awe.

SENATOR STEVE OGDEN: Senator Whitmire on floor amendment No. 4.

SENATOR JOHN WHITMIRE: The amendment is accepted by the author.

SENATOR STEVE OGDEN: All right Senate Hegar moves adoption of floor amendment No. four. It's acceptable by the author. Is there objection? Chair hears none, the amendment adopted. Senator Whitmire you're recognized for a motion.

SENATOR JOHN WHITMIRE: I move suspension Mr. President. Move passage of House Bill 451 as amended to third reading.

SENATOR STEVE 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, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

SENATOR STEVE OGDEN: Being 22 ayes and nine nays, Committee Substitute House Bill 1451 is passed to third reading.

SENATOR JOHN WHITMIRE: I move -- I would move to suspend the rule that bills be read on three several days.

SENATOR STEVE OGDEN: Senator Whitmire moves that -- Senator Whitmire moves that the constitutional three day rule be suspended to take up and be considered Committee Substitute to House Bill 1451. The secretary will call the roll.

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

SENATOR STEVE OGDEN: There being 25 ayes and six nays, the constitutional rule is suspended. The Chair lats out on third reading and final passage Committee Substitute to House Bill 1451. The secretary will read the caption.

PATSY SPAW: Committee stew to House Bill 1451 relating to licensing and regulation of certain together and cat breeders.

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

SENATOR JOHN WHITMIRE: I move final passage of House Bill 1451.

SENATOR STEVE 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, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

SENATOR STEVE OGDEN: There being 22 ayes and nine nays, the bill finally passed. Thank you.

SENATOR JOHN WHITMIRE: Mr. President, I'd like to publicly thank everyone that assisted in this final bill including Senator Patrick and others that voted against it and lawn winters and others that have spent a long amount of time working and all the interested parties. So thank y'all for allowing the passage. Eltife and Huffman, I'll name all 31 of you if you want me to.

SENATOR STEVE OGDEN: Thank you, Senator. Senator Seliger is recognized for a motion to suspend the regular order of business on House Bill 1090.

SENATOR KEL SELIGER: Thank you Mr. President I maw to suspend the regular order of business to take up and consider House Bill 1090 at this time relating to the calculation of interest on certain ad valorem tax refunds. The property owner engages in litigation with an appraisal district over value exemption of property that property owner is required to pay the pull or undisputed tax bill as originally assessed. Once the lit fission is resolved the owner gets a refund but current law has it at 8 percent. House Bill 1090 talking into account the fact that that rate may be impractical at the present time requires the taxing unit to include with the refund interest on the amount call cur late annual rate of 2 percent plus the most recent prime rate quoted. I hof suspension.

SENATOR STEVE OGDEN: Senator Seliger moves to suspend the regular order of business to take up and consider House Bill 1090. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading House Bill 1090. The secretary will read the caption.

PATSY SPAW: House Bill 1090 relating to calculated interest on certain ad valorem tax refund.

SENATOR STEVE OGDEN: Senator Seliger you're recognized for a motion -- oh wait. Following amendment. Secretary read the amendment.

PATSY SPAW: Floor amendment No. 1 by Seliger.

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

SENATOR KEL SELIGER: Mr. President this is a simple amendment that simply says this act is not retroactive. I move adoption.

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

SENATOR KEL SELIGER: Mr. President I move passage to third reading of House Bill 1090.

SENATOR STEVE OGDEN: Is there objection? Chair hears 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: Mr. President I move to suspend the to constitutional rule that bills be heard on three several days.

SENATOR STEVE 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, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

SENATOR STEVE OGDEN: Being 31 ayes and no nays, the constitutional rule is suspended. The Chair lays out on third reading and final passage House Bill 1090. The secretary will read the caption.

PATSY SPAW: House Bill 1090 relating to the calculation of certain interest on ad valorem tax refunds.

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

SENATOR KEL SELIGER: Mr. President I move final passage of House Bill 1090.

SENATOR STEVE 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, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

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

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

SENATOR STEVE OGDEN: Members the Chair and the staffs need a break so I would like to stand in recess until 9:00 p.m. at which time we'll take up the TWIA bill. Senator Whitmire you're recognized for a motion.

SENATOR JOHN WHITMIRE: I would move that we recess until --

SENATOR STEVE OGDEN: 9:00 p.m.

SENATOR JOHN WHITMIRE: 9:00 clock.

SENATOR STEVE OGDEN: There objection? The Chair hears none, the Senate stands in recess until 9:00 p.m.

(recess.)

SENATOR STEVE OGDEN: The Senate will come to order. Senator Carona is recognized for a motion to suspend the regular order of business on Committee Substitute to House Bill 272.

SENATOR JOHN CARONA: Thank you Mr. President and members, I am at my best at 9:00 p.m. so this is really good. Members I want to talk to you a little bit about TWIA. In fact this is the TWIA ominous bill. Recently several issues has risen with the state, wind and hail insurance providers which is the Texas wind storm insurance association what we affectionately knows a TWIA. As you know, TWIA is a quayside governmental agent I that writes insurance in 14 coastal counties. Issues that arose as a result of the 2000 hurricane Ike and (inaudible) ly revealed procedural place in the association governments including internal processes for claims handling. There were also hows of slabs claims which involved slay claims where only a foundation remained after the storms. For these claims, questions were raised about coverage for losses for wind versus water and whether tree wra ultimately over paid insurers that had been caused for water damage which is not covered under TWIA policies. So the purpose of the bill to to address many of these chase. First by organizing TWIA and modernizing many of the processes that they had in place for a decade or more including procedures related to applications for insurance, claims processing and payment and methods for identifying the cause of damage to cover property. The bill requires certain cover properties to carry flood insurance in the amount of wind (inaudible) coverage or the maximum allowable for their property which will help to assure that wife yeah only coffers wind storm damage. This House Bill 272 covers many of the issues that various agencies have testified to regarding TWIA including authorizing prevent event bonds, cleaning up funding language so that TWIA can insure the buyer of class one and class two bonds and provision. And it separates the revenue for the bond repayment from TWIA's control. It also allows for an alternative certificate of eligibility for noncompliance truers. The bill creates an expert panel to study the impacts of wind and water on homes where there is no substantial evidence remaining and in these cases we'd be talk about about slap claims. The bill requires and ensure as claim within one year of the storm. The bill adisturbly requires policy holders to either go through appraisal process or mediation to appeal claims in this case the uninsured, if the insured is still agreed it maybe filed in court where an unincumbered jury trial is available and the proceedings would be presided over by a judge appointed by a judicial panel of the multi-district litigation, the judge hob required to come from a county where the claim was filed and we'll talk about that in greater detail as we look at some amendments here in a few minutes to clear up language in the bill. And also the bill would add many provisions that would add transparency to TWIA operations including requirements to broad cast and archive recordings of all board meetings, post salaries and employees of contractors who make over 100,000 a year. Make TWIA subject to the open records and open meetings act. The bill also creates a blue ribbon committee to examine the TWIA and compare it with residual markets from other states the goal of the committee would be to make recommendations to the legislature for the most appropriate way to ensure that wind tomorrow coverage is available in coastal areas in the future. The bill also caws for several studies in-hodding studies for alternative ways to provide coverage on the cost, a study to the possibility of TWIA writing policies directly, a study for TWIA along with TDI to afford feasibility add just. Program whereby the add user for the home owner's insurance would also add just for the TWIA policy would create a more efficient and more timely system for the insured and finally the bill would give certain rule making authority to implement certain sections of the bill including independent review panel, procedures and rules. There are a number of amendments to come but I'm very pleased to report to you that this bill is compromised and negotiated product of reflecting the breast of Texas for lawsuit reform as well as the Texas trial lawyers ocean. It is at this point subject to your own review and obviously an approval. It is an agreed to bill. With that in mind I'm proud to hof that we suspend the Senate's regular order of business.

SENATOR STEVE OGDEN: Senator Watson you're recognize to ask the author a question.

SENATOR KIRK WATSON: Yes please. Thank you very much Mr. President. Chairman Carona thank you for your hard work on this and I know you spent a lot of times. I just want to ask some questions related to the claims process. You ended your racks before making the motion talking about how there has been no at least oppositions I guess is the way to ait the Texas lawsuit reform and the Texas trial lawyers association are not opposed to this bill subject to a could of amendments that I'm going to offer that we've talked about and I'm going to offer based on their meetings and discussions that is correct.

SENATOR JOHN CARONA: That's correct.

SENATOR KIRK WATSON: And so that people have clarity one of those that you indicated deals with judges that will try cases into the dispute resolution process and the other deals with damages or burden of proof and those claims for damages beyond actual damages.

SENATOR JOHN CARONA: That's correct and what we're referring to specifically we'd be going from actual damages to double damages.

SENATOR KIRK WATSON: Other than those two amendments in the claims process that we'll offer up on the floor tonight and like I say those are amendments that neither party opposed to based on a hot of negotiation, is it your intention to not allow in conference committee for there to be additional allots or claims to made to this process and keep this as you have refer today it as an agreed to bill to where those two parties are not opposed to it.

SENATOR JOHN CARONA: That's correct subject to whatever action this Senate comes in the minutes to covment there's only a handful of amendments tonight. Two are perfecting amendments that ill offer to the bill and parties are familiar with. Two are amendments that you're going to offer at my request to deal with the issues that we talked about and I am familiar with one amendment from Senate Lucio I believe is coming forward understand I've over looked something those are the only amendments -- oh I'm sorry Senate Jackson also has amendments tonight that were agreed to in the process. And Senate Jackson I might add has been an integral part of this process. He has intimately more familiar with TWIA than I am and he has been extremely helpful throughout the entire process.

SENATOR KIRK WATSON: So that we're clear, with those amendments as possible amendments and something else the Senate passes your plan would be to keep this bill the negotiated or the unopposed bill that its become through the hard work of this session including right up until the bill was called up.

SENATOR JOHN CARONA: That's correct and that means no disrespect to chairman Smithee. He passed a bill in the House that was quite a bit different than this bill and he passed it I might add with overwhelming support in the House by in order to get the support necessary in the Senate we'd have to make significant changes I believe. Chairman mythy is aware or becoming aware of those various changes that were made but it's my intention that we thriver this product to committee and we return back to the Senate a product that is identical perhaps other than any technical increases to the very bill ha we pass out.

SENATOR KIRK WATSON: And let me end by saying thank you for having served on the commission and having served and sat through the number of hearings u heard and the efforts that you put into that I once again appreciate the hard work and the way you approach and the hashed work you put into this. Thank you.

SENATOR JOHN CARONA: Thank you very much for those kind words.

SENATOR KIRK WATSON: Thank you.

SENATOR STEVE OGDEN: Senator Ellis.

SENATOR RODNEY ELLIS: Ask a couple questions of Senator Carona.

SENATOR STEVE OGDEN: Go ahead.

SENATOR JOHN CARONA: Yes please.

SENATOR RODNEY ELLIS: Senator I know I was late but I want to make sure I got this right. I am counting seven amendments. Two perfecting amendments that you will offer, Senate Lucio I think hags some or the of sunset amendment k one amendment, Senator Jackson has two perfecting amendments I thinking relating to issuance of bonds and one dealing with rating, a rating of structures and so there's five and then two amendments by Senator Watson O. a total of seven.

SENATOR JOHN CARONA: Yes, sir that's all I'm aware of.

SENATOR RODNEY ELLIS: And u accept all of those amendments.

SENATOR JOHN CARONA: Yes, sir that's correct.

SENATOR RODNEY ELLIS: And I want to make sure that on this neatly tailored agreed to bill that you have come up with that they'll be no attempt in conference as well as any other bill I am told that as part of the discussions during the negotiation lings nab someone suggested they would try to go ped a TWIA language to TDI sunset bill. So I just want to make sure that we don't are an agreement here and to get your votes of which I plan to be one based on the commitments to Senator Watson that this bill does not come up, go to conference and get changed -- of course yod need 16 votes. Not merely attract I have to you. Love me as much when you come back out jus need 16 Senate, in tad of 21 and I also want to make sure on the TDI sunset bill there's an an attempt by anyone too and do something they down get in these negotiation in that bill.

SENATOR JOHN CARONA: Senator I am not part of any play like that and I would not be forth of anything like ha and the only bill I will bring back and support is this very bill House Bill 272. Returned back to us from conference committee if n in fact there's a conference committees that in anyway materially different than what we have it here.

SENATOR RODNEY ELLIS: And you would pull it down?

SENATOR JOHN CARONA: Absolutely.

SENATOR RODNEY ELLIS: Okay congratulations and thank you and I am just to pleased that this is working out.

SENATOR JOHN CARONA: Thank you, sir.

SENATOR STEVE OGDEN: Senator Lucio.

SENATOR EDDIE LUCIO: Will the yes yield?

SENATOR JOHN CARONA: Yes certainly.

SENATOR EDDIE LUCIO: Mr. Chairman I too want to join my colleagues in thanking you pr your hard work in this particular bill. I just can't state it in the words I want to let you know how much respect we have for your hard work and for bringing all parties together, talk holders to try to come to an agreement that we can all life with and that will certainly help our constituents along the coastal area of state. I just -- entad of a question, entad of a question, I would just --

SENATOR JOHN CARONA: I'm sorry Senate.

SENATOR EDDIE LUCIO: It's okay. Entad of a question I would jus rather urge you and ask you to since this is a good opportunity that you come up with and work with and been able to put together to bring before us here this evening that you would try your very best to make sure that when and iffy go to conference I would hope they concur -- .

SENATOR JOHN CARONA: I would that's the possibility --

SENATOR EDDIE LUCIO: I would hope they would concur but in case it does go to conference that we would work you know very hard to tray to keep what we have on the floor here tonight and not make any add just.S or compromises down. That's all I am asking.

SENATOR JOHN CARONA: Senator you have my word on that and let me also mention Senate Ellis is away from his desk at the moment as it appears, but I intently looked one other amendment. There is an amendment by Senator Birdwell that he had brought to me earlier it does not conflict in any fashion with the yore hues that were being negotiated ex at the time we viewed it as acceptable. It is not material to any of the issues in controversy and you would see it shortly.

SENATOR EDDIE LUCIO: Thank you Mr. Chairman I think I'm through.

SENATOR STEVE OGDEN: Senator Van de Putte.

SENATOR LETICIA VAN DE PUTTE: Will the gentleman yield for some questions in.

SENATOR STEVE OGDEN: : I think so. All right let Senator Carona answer his question.

SENATOR JOHN CARONA: Irl be happy to answer the question.

SENATOR STEVE OGDEN: Go ahead Senator Van de Putte.

SENATOR LETICIA VAN DE PUTTE: Thank you Senator Carona. At the beginning of the process you sent us a letter in committee you said that it was your intent to provide the citizens of the state of Texas with a little bit of protection from mother nature and I know that my colleagues have talked specifically about process and access to the courts and timing but what I'm very pleased and I want to make sure that I understand that as we address TWIA, there were structural changes in TWIA and the administrative portion and how that's embed that had were extremely important. So I wanted to ask you some things because for me it was -- I didn't belief that TWIA could perform adequately at all because its truer was not correct or maybe we didn't are the right folks at the right time to do the structure. So I want to particularly comment about the tough? Section nine, the articles in section 9. Section 8, section nine are very important because as we begin to talk about the structure of TWIA and how we finance this there's some cushion at the very beginning about TWIA that how we do prevent event bonds and I know that in your version of the bill we do allow for preevent bonds that is correct.

SENATOR JOHN CARONA: Yes that's correct Senate.

SENATOR LETICIA VAN DE PUTTE: In section 8 we also allow for the dropdown of securities which is important for the truer and in section nine the prevent bonds under the class one security structure has yearly maximum limits that are set for those bonds and that the repayment period pax mull is 14 years and the class one securities can only be issued once in a calendar year and once per storm is that still correct?

SENATOR JOHN CARONA: Yes that's correct.

SENATOR LETICIA VAN DE PUTTE: And the class two securities can only be issued once per year and once per storm from losses. Then the class three securities can only be issued once in a calendar year and once per storm. There were other portions that were audit, there were other portions about giving the commissioner rule making authority to establish qualifications for inspectors, there were other that had the upon repayment debt to be paid before the deposit to the trust fund. It sets a residential cap for TWIA policy but for me, what was very important is I really believe the structure was incorrect and it had a -- it count hold its load balance so to speak and therefore when parts of the system whether it be from the preadjustment side. We did not have the money in TWIA nor could it be raised if a storm hit us and that was very trouble some to me. Under this new guideline that you have particularly section eight, -9D, 10 and 11, with regard to the finance structure do you believe that with this format of TWIA that we will be able to accommodate and handle mother nature? Should she strike this year, the next or the next because we have all breathed that kind of sigh of relief that those storms hit us. Do you believe the structural changes that we have done in TWIA are going to be beneficial not just for the folks along the coast but for those of us who may be impacted by assessments.

SENATOR JOHN CARONA: Senator it will be better but let me this, I am still concerned about financial integrity of the program. The unincumbered balance right now in rive is only about $79 billion against literally billions of dollars in claims potential. The preevent bond authorization that this bill affords will improve the situation u base I would hope that the board will consider issuance of preevent bonds in the very near future certainly before the next storm exceeds and we have built u our bang balance but ultimately and it's a very politically charged issue but ultimately in my personal view we're going to need to look if we are going to continue a program like TWIA we're going to need to look at rate increases. We've been told time and time been in testimony that the rates that are charged for those who participate in this program are not actuarial sound. By the same token there are there's a strong argument to be made that a TWIA type program shan't exist but instead we how old collapse it and mandate to all insurance companies that write coverage elsewhere in the state and if you write coverage in north Texas that you better be able to write coverage an equal amount in ut Texas along the coast and in Houston and Gulf coastal areas and so part of what our interim study is going to be and that's where I'll lack to someone like yours because I know you have worked on TWIA probably a decade or longer is to really decide what we want this TWIA problem to be because I think it will always face the political pressures of trying to continue to be actuarial sound. It's never easy for any legislature, particularly a coastal legislature to be supportive of a rate increase of a quia side at a time program such this and yet that's going to all be a hag and so there are. We're going to really take this apart during the interim and see if perhaps we can find a better way than TWIA. But it if turns out that TWIA is the answer I think all of us will be prepared, I am very pleased with everybody that has helped with this bill. We'll all be prepared to do what's necessary to assure that you know whether we're issuing preevent bonds or otherwise that weft ability to pay off that debt because ultimately that date and any other debt accumulated is the result of a bug tomorrow. Has to be paid by the people that have TWIA policies and the combination of the insurance companies as well.

SENATOR LETICIA VAN DE PUTTE: Senator thank you for your work on this. I will look to you for your lip on the interim and let's all pray that mother nature keeps the vengeance away from the Texas coast this year without any major storms.

SENATOR JOHN CARONA: Absolutely.

SENATOR LETICIA VAN DE PUTTE: Thank you, Senator.

SENATOR JOHN CARONA: Thank you.

SENATOR STEVE OGDEN: Senator Davis.

SENATOR WENDY DAVIS: Thank you Mr. President. Senator Carona will you yield for a couple of questions.

SENATOR JOHN CARONA: Certainly, always.

SENATOR WENDY DAVIS: Just wanted to ask a little bit I know an important part of the parts on the TWIA bill and I think you mentioned a little bit in your opening remarks in terms of amendments and the work that you've done to fie all sighs and all interest in this. Some of it has revolved around making sure that claimants are able to make claims as hay currently are authorized to do and also that they have the same damage rem available to them. Can you talk with me a little bit about the bent and the terms of the amendments that you will be introducing to address those issues?

SENATOR JOHN CARONA: Yes I will be glad to as the bill is being amended tonight on the floor a claimant will be able to receive as much as double damages previous law or current law I howl say was troubled damages. The bill as it was presented was just simply actual damages so we'll go from actual damages to double damages and we have preevent and post event interest and we also have the attorney's fees that are also eligible for reimbursement. So I think when you consider all of that it's a very good package and it gives enough potential recovery and I might add no one has recovered anything in these cases except actual damages. We have never paid out treble damages in in any of these cases including thousands that were settled recently that were so controversial but it does give those attorneys representing people with legitimate claims the act to better on behalf of their client with the added leverage or potential of double damages. Now, regular said that the double damage language that will be in the amendment that Senator Watson offers up does in fact raise the evident yarr standard a bit higher and so while there's the opportunity for double damages, it says there's a little bit higher hurdle that has to be met. Now, what I am told is typically when a case is likely to receive let's say treble damages or nick double damages the facts surrounding that are so overwhelming that the difficulty in achieving one level of evidence to another is usually not that difficult.

SENATOR WENDY DAVIS: Thank you, Senator and can you also talk a little bit about the claims process itself and claimants right what will their judicial process be?

SENATOR JOHN CARONA: Well, one of the things we did Senate was we put back in the provisions under sections -- those people that purchased under sections 541 and 542 to be sure that those people who purchased a TWIA policy had basically the same rights and remedies as for fraud, for prompt payment for a number of things as do any other purchases of insurance for any other type of coverage. That I think is one important thing that was done. We increased the time line slightly so that we as a quayside state agent I could process these claims in an efficient manner but at the same time not be run over by claims ass was the case in the last big hurricane claim claims and we set up a very big clear you are that did several things. It set u an expert panel to determine the extent of damage before storm season as well as after a given tomorrow. It maybe attributable to wind, if it's that's an independent panel and in addition to setting up the see sequence between the time that you filed a claim and TWIA has to get back to u and then you're allowed to appeal to TWIA, we said at the end of the day you would end up with one of two kinds of claps. You end u with a hame that dealt with the evaluation of loss in which case that's standard in most any insurance policy and we put in a very systematic way to handle in which fact the language being identical to what you would find in our home owner's policy if there were a difference or dispute on the appraisal of an item but in terms of causation disputes that were the result of causation hof was when, hof was watter, how do we handle the slab, we set up a required mediation process, now the result is not binding but the requirement to go and enter into mediation and good fate there and after you've done that in good fate then you are free to go outside the TWIA system if you still haven't benefit and you can file a ut in court just as you can now without any personal type of requirements or encumbrances, your free to go and pursue a jury trial of your liking and that was one of the most significant things we heard from our colleagues here at the Senate over and over is we don't want the D we don't want our tourers to losed opportunity for yurt and we want to audiocassette certain that if they get a yurt they get to present the same evidence they would under any other circumstance not a limited amount of evidence that may have been present during previous procedures through the appeal process with TWIA.

SENATOR WENDY DAVIS: Thank you, Senator. So there will be a requirement that mediation be a part of the dispute resolution process but if a claimant is unable to successfully mediate or feels happy with the mediated result, there is no binging arbitration, there's no binding --

SENATOR JOHN CARONA: No binding anything. They're free then upon 60 dais notice to go directly into the judicial system and go to court.

SENATOR WENDY DAVIS: Thank you very much Senate.

SENATOR JOHN CARONA: You're welcome.

SENATOR STEVE OGDEN: All right. Senator Watson. Senator Watson would you like to be recognized? All right Senate Ellis did you want to be recognized?

SENATOR RODNEY ELLIS: I was just going to fill the time a little bit. I know that on one of the on om of the perfects amendments some of the parties who are negotiating probably wanted to make sure that they were in agreement on om of the language and I assume that's what they're working out now one option maybe to wait until third reading but I assume that maybe Senator Carona hod -- Senator Carona I was asking if some of the language in the perfecting amendments has not been reviewed by all parties it was a basic amendment and they had read it and there's an attempt to try to make sure the language does what ebb agreed that it would do. What would be with your preference before we suspend either to wait for ten minutes or so to try to get that straight 234.

SENATOR JOHN CARONA: No tell you the u true. We have one amendment I think it's amendment No. 2 where they're trying to go in exchange some language right u no then what I would like to do is have the whole bill for final passage until tomorrow.

SENATOR RODNEY ELLIS: Okay and what's the threshold I am use trying to remember at this hour if we wait until tomorrow? It would be a higher threshold?

SENATOR JOHN CARONA: Yeah if you do it on third reading. F you do it on third reading it's two thirds but I don't think --

SENATOR RODNEY ELLIS: You have been be problem.

SENATOR JOHN CARONA: Yeah hant be controversial it's anything but technical in nature.

SENATOR RODNEY ELLIS: What is Senate Birdwell's amendment again?

SENATOR JOHN CARONA: Yuan truthfully I don't recall and he'd have to explain it to us.

SENATOR RODNEY ELLIS: And I'd just like to know it and I was look looking at seven and that's the 8th 1 if you don't mind Mr. President I'd just like to know what Senate Birdwell's amendment is and if it will be acceptable to the author before we suspend.

SENATOR JOHN CARONA: I'm aware of it and when I read it earlier it was acceptable and what I can suggest is mob Senator Birdwell can come over here to Senate Ellis with his amendment and let's --

SENATOR STEVE OGDEN: We can do this differently. Senator Birdwell. Senator Birdwell. Senator Birdwell is recognized to ask the author a question. My suggestions is to ask him about your amendment.

SENATOR BRIAN BIRDWELL: Thank you Mr. President. Senator Carona I'll be more than happy to go see Senate Ellis and lay out an amendment I provided you earlier this morning.

SENATOR JOHN CARONA: Well, let's make sure we do this the way president Ogden would like it done.

SENATOR STEVE OGDEN: Why don't you use tell us what the amendment is and ask him if it's going to be acceptable.

SENATOR BRIAN BIRDWELL: It is an amendment that ut ping together an advisory board for improving add using practices in Texas. It establishes a board of insurance add justers put together by the director of the TDI that's part of the TWIA bill to make sure that insurance adjusters catered in different arenas of adjustment are part of the board that advises the TWIA folks.

SENATOR STEVE OGDEN: Will that amendment be acceptable?

SENATOR JOHN CARONA: Yes, sir it's going to be acceptable.

SENATOR STEVE OGDEN: All right thank you.

SENATOR RODNEY ELLIS: Everybody's happy. I feel the love.

SENATOR STEVE OGDEN: So do I.

SENATOR BRIAN BIRDWELL: Thank you Mr. President.

SENATOR STEVE OGDEN: All right Senator Carona is recognized for a motion.

SENATOR JOHN CARONA: Thank you, Senator, I move to suspend the Senate's regular order of business.

SENATOR STEVE 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, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

SENATOR STEVE OGDEN: There being 31 ayes and zero nays, the rule is suspended. The Chair lays out on second reading Committee Substitute to House Bill 272. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 272 relating to the operation of the Texas wind storm insurance ocean and to the res lotion of certain disputes concerning claims.

SENATOR STEVE OGDEN: I hope we haven't lost our quo u are. Following amendment. Secretary read the amendment.

PATSY SPAW: Floor amendment No. 1 by Carona.

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

SENATOR JOHN CARONA: Thank you Mr. President. Members this is just the clarifying amendment to clarify that preevent bonds can be issued before storm season. I move adoption of floor amendment No. 1.

SENATOR STEVE OGDEN: There objection to the adoption of gnar amendment No. 1 in Chair hears none, the amendment is adopted. Senator Carona we're on a brief hold.

SENATOR JOHN CARONA: Yes, sir what I suggest Mr. President is perhaps we look beyond amendment two, they're lacking to correct that language, we just go beyond amendment two and save it for last.

SENATOR STEVE OGDEN: Amendment two is going to change.

SENATOR JOHN CARONA: Yes, sir that's right.

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

PATSY SPAW: Particular amendment No. 2 by Jackson.

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

SENATOR MIKE JACKSON: Mr. President I have to amendments I am not sure which --

PATSY SPAW: (inaudible).

SENATOR MIKE JACKSON: Thank you. Thank you Mr. President and members, this amendment worked on with chairman Carona and I too want to thank him for his hard work on this bill and you know it's kind of an amazing deal we're all coming together tonight with an agreed bill but it changes five different locations in the bill. First we're changing the number from 100 to 1,000. The number of claims that member filed for one storm before the department of insurance must begin a claims audit of TWIA. Second item amendment puts some parameters on the sale of preevent bonds. We're trying to make sure TWIA doesn't over extend itself and that they use this tool as wisely as possible. The third item we change simply clarifies some wording we're changing the words a subsequent to the following in three different sections of the bill to dictate how post events bonds are sure. Necks the amendment sets the sun date of June 21, 13 for the blue remember Bonn commission to rule and finish up their work to make sure we get information back and finally the amendment the commissioner of insurance rule making authority to allow discounts on certain surcharges when insured has a code compliance building component and if there's no questions I'd move adoption.

SENATOR STEVE OGDEN: Senator Van de Putte for what purpose do you rise?

SENATOR LETICIA VAN DE PUTTE: Will the yes yield for a question?

SENATOR STEVE OGDEN: Did Senate Jackson yield?

SENATOR MIKE JACKSON: I yield?

SENATOR STEVE OGDEN: Go ahead.

SENATOR LETICIA VAN DE PUTTE: Thank you on page two of your amendment, subsection C it's down at the bottom line 16. This is when we talked about in committee the surcharges and credits about a noncompliant truer or compliant structure, can you go over a little bit of what this entails in remember when we had the discussion also about some sort of a credit given the fact that if there was some sort of a code retrikes or one wall withstanding can you complain this one just a little bit with the building code starts in the plan of operation?

SENATOR MIKE JACKSON: Certainly and this amendment deals with Senator Van de Putte some homes that have been built within the last ten or 20 years that at the time they were built did not need a TWIA certification form because State Farm and Allstate and all those companies were writing their insurance. So they didn't need TWIA. They were writing the entire coverage and what we're running into now is when they're being canceled by these for profit companies TWIA says you have to have a WPIA form to be insurable and, of course, these people have never had that and in order for those houses to be inspected to the WPIA code and the TWIA standard, it sometimes may require sheet rock to be ripped out of the walls to look at the studs and a lot of the things that can -- that are very difficult to get done in order for an inspector to inspect all of those types of ayes terms and what this amendment is just saying that the commissioner may if a homeowner can riffed partially that partings of his House are to that are built to the wind storm code that he can consider giving them a break on surcharge they're going to have to pay in order to be able to obtain insurance.

SENATOR LETICIA VAN DE PUTTE: And so this does still leave the decision with the commissioner?

SENATOR MIKE JACKSON: That is.

SENATOR LETICIA VAN DE PUTTE: Thank you, Senator Jackson. Good amendment.

SENATOR MIKE JACKSON: I move adoption Mr. President.

SENATOR STEVE OGDEN: Senator Carona.

SENATOR JOHN CARONA: Yes it's acceptable.

SENATOR STEVE OGDEN: All right Senate Jackson moves adoption of floor amendment No. 2. It's acceptable to the author. There any objection in Chair hears none k the amendment is adopted. The following amendment. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 3 by Watson.

SENATOR STEVE OGDEN: Chair recognizes Senator Watson on floor amendment No. 3.

SENATOR KIRK WATSON: Thank you Mr. President. Members, this is one of the two amendments that we had talked about and chairman Carona has described a couple of times. What this one does is it indicates there nab a recovery of damages that is above actual damages but it may not exceed two times or double the amount of actual damages. He correctly has pointed out that there's some provisions that allow for treble damages or three times. It also as chairman Carona pointed out in answering questions, a moment ago it requires a different burden of proof and that burden of proof is clear and convincing evidence and then it must be clear and convincing evidence that the association knowingly or intentionally violated chapter 541 by

(inaudible) in an unfair method of competition or unfair deceptive about or practice. I will offer by the way another amendment to this amendment in a moment because in the drafting of this and by the way this amendment is one of those amendments that is not opposed by Texas for lawsuit reform or the Texas Trial Lawyers Association based upon discussions in negotations and agreement. In the drafting of this there was an indication as you notice in the first paragraph that there would be an amendment to subsections 541.152 both GC you will note that it only makes an amendment to C. So the amendment to the amendment that will come up will be to make the appropriate change to subsection B as well and this is acceptable to chairman Carona based on cushions and I will off adoption of floor amendment No. 36789.

SENATOR JOHN CARONA: Yes it is acceptable. After 12 hours work I wont refuse it. Thank you.

SENATOR STEVE OGDEN: All right Senator Watson, we didn't adopt floor amendment No. 3. We got to take up floor amendment No. 4.

SENATOR KIRK WATSON: That makes sense to me.

SENATOR STEVE OGDEN: The following amendment. Secretary read the amendment.

PATSY SPAW: Particular amendment No. 4 amending floor amendment No. 3 by Watson.

SENATOR STEVE OGDEN: Senator Watson you're recognized on floor amendment No. 4 which is an amendment to floor amendment No. 3.

SENATOR KIRK WATSON: Thank you very much Mr. President.

SENATOR STEVE OGDEN: And would you wait use a second?

SENATOR KIRK WATSON: Sure.

SENATOR MARIO GALLEGOS: Mr. President I had my light on, I wanted to ask Senator Watson a question on the last amendment.

SENATOR STEVE OGDEN: All right well if you will let him hay this out then you can ask a question on both of them if that's all right. Senator Watson go ahead.

SENATOR KIRK WATSON: Thank you Mr. President and members. This is what I was just describing in the drafting of floor amendment No. 3. It was inned a veer tently left out the change that needed to occur in subsection B that makes that change so that it amends both subsection B and subsection C. Mr. President if it's appropriate I off adoption of floor amendment No. 4 which amends floor amendment No. 3.

SENATOR JOHN CARONA: It is acceptable Mr. President.

SENATOR STEVE OGDEN: Senator Gallegos that okay? All right Senator Watson moves adoption of floor amendment No. 4 amending floor amendment No. 3. Is there objection? Chair hears none, floor amendment No. 4 is adopted. Senator Gallegos you're recognized.

SENATOR MARIO GALLEGOS: Question for Senator Watson.

SENATOR KIRK WATSON: Certainly.

SENATOR MARIO GALLEGOS: Certain Watson on your -- whatever number this amendment was.

SENATOR KIRK WATSON: It's No. 3.

SENATOR MARIO GALLEGOS: No. 3. Says not to exceed two times the amount of actual damages only if the claimant proves by clear and convincing evidence that the association knowingly or intentionally committed an act prohibited by chapter 541 as unfair method. Let me ask you a question because this happened to some of the folks around my mom's place in Galveston that on wind damages, the damages were not you know acknowledged until a few until about three weeks after that the building House Bill shifted. You know I mean how would you -- if the -- if twee yeah or whatever assesses exit says this is how much you're going to get and then comes back later and says wait a minute finds out it was more damage than it was. Is this under this action right here?

SENATOR KEL SELIGER: If I understand your question, let me walk through right here. First is the party would be entitled to actual damages.

SENATOR MARIO GALLEGOS: That's correct.

SENATOR KIRK WATSON: Party would be entitled to actual damages.

SENATOR MARIO GALLEGOS: That's correct.

SENATOR KIRK WATSON: And --

SENATOR MARIO GALLEGOS: And that's the only then they find out later that there was more damages.

SENATOR KIRK WATSON: Well, and I don't know -- the answer to this, this is not addressing that issue.

SENATOR MARIO GALLEGOS: Okay.

SENATOR KIRK WATSON: What this is addressing ising a situation where the association has enganged in an unfair about or practice ush the insurance code or in the business of insurance. So what this says is that if in in dealing with that claim, the association acts in a ways that prohibited by the insurance code and there's clear and convincing evidence that it was done knowingly or intentionally, then the party would be entitled to more than their actual damages.

SENATOR MARIO GALLEGOS: Okay.

SENATOR KIRK WATSON: That's what this deals with.

SENATOR MARIO GALLEGOS: All right at that point say they only offer to much damages then they come back and TWIA says no we're not going to offer those damages then can they sue for the other damages?

SENATOR KIRK WATSON: If there was an about or practice, I uEm justs I don't know the answer specifically to that and this amendment did not address that.

SENATOR MARIO GALLEGOS: Okay.

SENATOR STEVE OGDEN: Senator Watson moves adoption of floor amendment No. 3. Is there objection? Chair hears none, amendment is adopted. The following amendment. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 5 by Watson.

SENATOR STEVE OGDEN: Chair recognizes Senator Watson on floor amendment No. 5.

SENATOR KIRK WATSON: Thank you Mr. President and members, again this is one of those amendments that chairman Carona indicated House Bill negotiated and there is no opposition from the two groupings that were involved in the tboation. This is the amendment that he also in lag out the bill indicated dealt with how a case would end up being tried and by whom in other words the judge and what the amendment does is it says if six or more claimants file a civil action then the action when it's brought against the association it must be presided over by a judge appointed by the MDR panel the multi-district litigation panel. The judge -- but then it tboas on to indicate that the judge appointed by the MDL panel must be an active judge in Travis county for utes that are filed in Travis county or an active judge in counties for which is ute is file for suit ifs counties other than in Travis county p again this is one of those items that have been worked out over the last several hours and there's no opposition to the. I says there's no opposition to it the parties are agree today it or don't oppose it. I would move adoption of floor amendment No. 5.

SENATOR STEVE OGDEN: Senator Gallegos. Senator Carona.

SENATOR JOHN CARONA: It's acceptable.

SENATOR STEVE OGDEN: Senator Watson moves adoption of floor amendment No. 5. It's acceptable to the author. Is there any objection? Chair hears none, the amendment is adopted. The following amendment. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 6 by Jackson.

SENATOR STEVE OGDEN: Senator Jackson you're recognized on floor amendment No. 6.

SENATOR MIKE JACKSON: Thank you Mr. President. I move adoption. Members this is another amendment that chairman Carona was nice move to W with us on and I've been told that allowing for a combined sources of payment on post event bonds is an important step in making these bonds marketable. So this amendment just add justs that section of the bill S50 in an effort to make this program as fair and equitable as possible. This language is written by the TDI staff and it tboas into the first source, second source, third and 4th sowter. I believe unless there are any questions on more of those details I believe it's something that Senator Carona staff and TD, has bedded and I appreciate again his help. I move adoption.

SENATOR STEVE OGDEN: Senator Carona.

SENATOR JOHN CARONA: It's acceptable.

SENATOR STEVE OGDEN: Senator rack son moves adoption of floor amendment No. 6. It's accept baling to the author. Is there objection? Chair hears none, amendment is adopted. Following amendment. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 7 by Lucio.

SENATOR STEVE OGDEN: Chair recognizes Senate Lucio on the amendment.

SENATOR EDDIE LUCIO: Thank you Mr. President House Bill 272 creates a legislative interim committee to study alternative ways to the Texas insurance coast. This amendment specifies that there hall be coastal and inland represent takes among the 12 appointees.

SENATOR STEVE OGDEN: Senator Carona.

SENATOR JOHN CARONA: The amendment acceptable.

SENATOR STEVE OGDEN: Senator Lucio moves adoption of floor amendment No. 7. It's acceptable to the author. Is there objection? Chair hears none, to ordered.

SENATOR EDDIE LUCIO: Thank you Mr. President, thank you Senator Carona.

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

PATSY SPAW: Floor amendment No. 8 by Birdwell.

SENATOR STEVE OGDEN: Chair recognizes mart Birdwell on floor amendment No. 8.

SENATOR BRIAN BIRDWELL: Thank you Mr. President. Member, this amendment will create an advisory board charged with examining can and improving add using practices in Texas. The board will be compromised primarily of adjusters but also be take holders from the community wells participation from members of the public and the Texas department of insurance. The amendment will help agencies such as TDI, TWIA better understand challenges effecting policy holders during time of natural disaster while also helping to build better practices for hanging the claims during these times of catastrophic loss. I believe the amendment acceptable to the author. I move adoption.

SENATOR STEVE OGDEN: Senator Carona.

SENATOR JOHN CARONA: It is acceptable and it should be the last amendment I believe Mr. President.

SENATOR STEVE OGDEN: Senator Birdwell lays out -- moves toppings of floor amendment No. 8. It's acceptable to the author. Is there objection? Chair hears none, the amendment is adopted.

SENATOR BRIAN BIRDWELL: Thank you Mr. President.

SENATOR JOHN CARONA: Mr. President we're working on one final amendment the rewrite of one amendment right now and if there's no other amendments on the table other than the one we're rewriting, I'd like to move that we postpone further consideration for just a hooter while while you take up other business.

SENATOR STEVE OGDEN: How about temporarily would that be okay?

SENATOR JOHN CARONA: Yes, sir that'd be tbr.

SENATOR STEVE OGDEN: All right Senator Carona moves temporarily postpone further consideration of Committee Substitute to House Bill 272 to that we can finish work on an amendment. Is there objection? Chair hears none, so ordered. Senator Patrick recognized on a motion to suspend the regular order of business to take up and consider House Bill 1720.

SENATOR DAN PATRICK: Thank you Mr. President and members we pend well over 16 billion in the state each year on basic health services finding efficiency pes increasing its accountability over the bier mid cad program that's necessary to raws waste and prevent fraud and pursue whatever means we can to make the program cost effective. HB1720 does several things first ordering a physician would be required to enroll in Medicaid and provide their national ID or NP, number when mitting a claim management care organizations known as NCOs with special investigate I have units muse notify HAC office of inspector general fraud or abuse as de-equitied and Medicaid muse blush program under which the state contracts with one or more recovery audit contracts with the purpose of recovering payments and I'll have two perfecting amendments as wevment I move suspension.

SENATOR STEVE OGDEN: Senator Patrick moves suspension of the regular order of business to take up and consider House Bill 1720. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading House Bill 1720. The secretary will read the caption.

PATSY SPAW: House Bill 1720 relating to improving health care provider accountability.

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

PATSY SPAW: Floor amendment number 1 by Patrick.

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

SENATOR DAN PATRICK: Yes this amendment simply says that if fraud is detected they must notify the AG's office. I move adoption of amendment number 1.

SENATOR STEVE OGDEN: Members you heard the explanation by Senator Patrick. Is there objection? Chair hears none, floor amendment No. 1 is adopted. Following amendment. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 2 by Patrick.

SENATOR STEVE OGDEN: Chair recognizes Senator Patrick on floor amendment No. 2.

SENATOR DAN PATRICK: Yes this extends the face to face meeting on patients from six to 12 months secondly this gives the agency SC the flexibility to prieved limited exceptions for face to face meeting. I hof adoption of amendment No. 2.

SENATOR STEVE OGDEN: Senator Patrick moves adoption of floor amendment No. 2. Is there objection? Chair hears none, the amendment is adopted. Following amendment. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 3 by Nelson.

SENATOR STEVE OGDEN: The Chair recognizes Senate Nelson on floor amendment No. 3.

SENATOR JANE NELSON: Thank you Mr. President and members, out probably recognize this because it is Senate Bill 223 which passed unanimously out of the Senate. Passed House committee unanimously but it is stuck in the House clengds it is a Medicaid fraud bill that safes the state money and I hope we could catch a ride --

SENATOR DAN PATRICK: It is very acceptable.

SENATOR JANE NELSON: On Senate pat ruck's bill.

SENATOR DAN PATRICK: Acceptable to the author.

SENATOR STEVE OGDEN: Senator kneel son moves adoption of floor amendment No. 3. It is acceptable to the author. Is there objection? Chair hears none, the amendment is adopted.

SENATOR JANE NELSON: Thank you.

SENATOR STEVE OGDEN: Senator Patrick you're recognized on a motion.

SENATOR DAN PATRICK: You have to tbrovment Mr. President.

SENATOR STEVE OGDEN: Senator Patrick moves passage to third reading of House Bill 1720. Is there objection? Chair hears none, so ordered. Senator Patrick is recognized for a motion to suspend the constitutional three day rule.

SENATOR DAN PATRICK: To moved.

SENATOR STEVE 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, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

SENATOR STEVE OGDEN: 31 ayes pes no nays, the constitutional three day recall is suspended. The Chair lays out on third reading and final passage House Bill 1720. The secretary will read the caption.

PATSY SPAW: House Bill 1720 relating to improving halted care providing accountability and efficiency of the child health plan and Medicaid program.

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

SENATOR DAN PATRICK: I awe final passage Mr. President.

SENATOR STEVE 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, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

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

SENATOR DAN PATRICK: Thank you.

SENATOR KEVIN ELTIFE: Chair recognizes Senator Ogden for a motion to grant the house's request for appointment of a conference committee on House Bill 275.

SENATOR STEVE OGDEN: Mr. President and members I I accept the house's request to appoint a conference committee on House Bill 275 and move to grant the conference committee request by the House on House Bill 275.

SENATOR KEVIN ELTIFE: Senator Ogden moves that the Senate grant the request of the House for the appointment of to conference committee on House Bill 275. Is there objection? Chair hears none, are there motions to instruct in hearing none, the following conferees.

PATSY SPAW: Conference committee on House Bill 275. Chair, Senator Ogden, members, Senator Patrick, Senator Fraser, Senate Duncan and Senator Eltife.

SENATOR KEVIN ELTIFE: Senator Hinojosa is recognized for a motion to suspend the regular order of business on House Bill 2889.

SENATOR JUAN HINOJOSA: Thank you Mr. President and members, I move to u pressure the regular order of business to take up and consider House Bill 2889. This bill deals with compunction of records it allows prosecutors to decide when arrest records can be relaced you know when prosecutors delain to pursue chargings arrest records unfear with employment, housing and accreditation and existing law prevents eraser of arrest record for years even in the constitute of limitationings even when the prosecutor decline charges. This House Bill 2885 will allow arrest records to be erased when prosecutors decide they will not pursue charges. A prosecutor's objection to record eraser is final and cannot be challenged under the bill. And I maw suspension.

SENATOR KEVIN ELTIFE: Senator Hinojosa moves suspension of the regular order of business to take up and consider House Bill 2889. Is there objection? Chair hears none, rules are suspended. The Chair lays out on second reading House Bill 2889. The secretary will read the caption.

PATSY SPAW: House Bill 2889 relating to the expunction of records and files relating to persons arrest.

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

SENATOR JUAN HINOJOSA: I uEf passage to third reading.

SENATOR KEVIN ELTIFE: Senator Hinojosa u moves passage to third reading. Is there objection? Chair hears none, House Bill 2889 is passed to thirds reading. Senator Hinojosa you're recognized for a ocean to suspend the constitutional three day rule.

SENATOR JUAN HINOJOSA: I so move.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: Twenty-six ayes, five nays, the rule is suspended. The Chair lays out on third reading final passage House Bill 2889. The secretary will read the caption.

PATSY SPAW: House Bill 2889 relating to the expunction of records and files relating to a person's arrest.

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

SENATOR JUAN HINOJOSA: Mr. President and members I move final passage of House Bill 2889.

SENATOR KEVIN ELTIFE: Senator Hinojosa moves final passage of House Bill 2889. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: Twenty-six ayes, five nays, House Bill 2889 is finally passed. Congratulations Senator Hinojosa.

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

SENATOR KEVIN ELTIFE: The Chair lays out the following resolution. Secretary please read the resolution. HCR163.

PATSY SPAW: HCR163 convening a joint memorial session to honor Texans serving in the global war on terrorism.

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

SENATOR LETICIA VAN DE PUTTE: Thank you. Members this HCR is one that we pass every legislative session to allow us to meet jointly with the House to have a memorial day ceremony in which we will in-rite all of the families who have fallen in defense of our country who are from Texas from the time we last met in May of 2009. The resolution states very lairly the purpose that it will be held next Saturday or actually this Saturday at 11:00 o'clock in the morning. To for a families from our different districts have RSVPed that they will be in attendance with more than 250 family members. I move adoption of HCR163 to allow us to meet to have this poffle ceremony in honor of those who have given their life in defense of our country.

SENATOR KEVIN ELTIFE: Members you heard the motion by Senator Van de Putte to adopt the resolution HCR163. Is there objection? Chair hears none, to ordered. Thank you Senator Van de Putte.

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

SENATOR KEVIN ELTIFE: The Chair recognizes Senator Huffman for a motion to grant the house's request for appointment on a conference committee on House Bill 2694.

SENATOR JOAN HUFFMAN: Thank you Mr. President. Yes I request the appointment of a conference committee on House Bill 2694 in that we refuse to concur in the House amendments.

SENATOR KEVIN ELTIFE: Senator Huffman moves that the Senate grant the request for the House for conference committee on House Bill 2694. Is there objection? Chair hears none, are there any motions to instruct in hearing none the following conferees.

PATSY SPAW: Conference me on House Bill 2694. Senator Huffman, Chair, members, Senate Hegar, Senator Hinojosa, Senator Fraser, and Senator Nichols.

SENATOR KEVIN ELTIFE: Senator Van de Putte. Senator Van de Putte., House Bill 2093. Senator Van de Putte is recognized for a motion to suspend the constitutional three day rule on HB2093.

SENATOR LETICIA VAN DE PUTTE: Thank you Mr. President. To move.

SENATOR KEVIN ELTIFE: The secretary will call the roll. Members that is motion to suspend the three day rule on House Bill 2093.

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

SENATOR KEVIN ELTIFE: Twenty-seven ayes, four nay, the rule is suspended. The Chair lays out on third reading and final passage House Bill 2093. The secretary will read the caption.

PATSY SPAW: House Bill 2093 relating to operation and regulation of certain consolidated insurance programs.

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

SENATOR LETICIA VAN DE PUTTE: Move final passage Mr. President.

SENATOR KEVIN ELTIFE: Senator Van de Putte moves final passage of House Bill 2093. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: Twenty-two ayes, eight nay, House Bill 2093 finally passed. Congratulations Senator Van de Putte.

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

LT. GOVERNOR DAVID DEWHURST: Senator Shapiro for what purpose do you rise in.

SENATOR FLORENCE SHAPIRO: Mr. President I'd use like to have a brief cushion with you and the member ifs you don't behind. Members, I hope I can get all of your attention I think we've all heard already that our school finance bill dead in the House that the vehicle that we chose to put our Senate Bill 22 on which was 1581 has just been called on a point of order, didn't really get any discussion that pries to me that the House is not ready to deal with nor talk about school finance when we have been very clear as a Senate the school finance probable the most important element of our budget and our schools are our No. 1 prity and it's very distressing it's very difficult for us at this late date to be even able to cuss a school finance pro-poo allege when we have no reek to talk about. So Mr. President with all due respect to our colleagues over in the House my concern that we are going to be here for a special session gets more and more sun sere and I am of the opinion Mr. President that there is one as my colleague aid there is one more train of that's and will you thing that this body ought to be doing at this moment in time in.

LT. GOVERNOR DAVID DEWHURST: Well, I think we ought to be, since we made the passage, since we made our agreement on the budget conditional -- condition on a number of must pass bills including the passage Senate Bill 22 or equivalent legislation, that we look for another bill to put that legislation on and as you and I are discussed before Senate Duncan's fiscal matters bill Senate Bill 1811 which is in conference right out could be a vehicle for that.

SENATOR FLORENCE SHAPIRO: Might I ask Mr. President --

LT. GOVERNOR DAVID DEWHURST: In that the shell of Senate Bill 1811 is already included in the fiscal matters bill.

SENATOR FLORENCE SHAPIRO: 1811 and might I ask Mr. President if your thoughts are as maybe are that if in fact a school finance bill Senate Bill 22 or a lar ldges if that did not pass in 1811 or anything we see in the next 24 hour would you feel the same way I do that that would absolutely mean we need to go boo a special session?

LT. GOVERNOR DAVID DEWHURST: I would -- I certainly share your concern about cuking the can down the road and not addressing this when we have been working so hard to make sure that we prided a permanent fix on school finance but I want toking make suring that all 32 of us agree on that but I think a large majority of us do.

SENATOR FLORENCE SHAPIRO: And I think in this moment of time obviously we're a pretty late hour we don't are a lot of time to dillydally around I know Senate Duncan has a conference committee makeup that they haven't put a conference committee together on a House side to he has no one to deal with yet. They em to be fragmenting their feet on anything that has anything to do with public school finance and I would like to make sure that all of us, I will be sending around a letter to everyone in the Senate that actually compares apples to apples on the pro-rawings that the House has been discussing versus our 22 that we have had six to eight to 12 weeks in discussion in hopes that we can at least get some closure as to what our position is at a Texas Senate versus what ems to be theirs. We real don't know u base the bill never came up on the floor of the House. So I'm hoping everyone will look in their mail, we'll either have that to you this evening or first thing in the morning. This is a very serious and very important time for us in the Senate and I hope that we all talk this decision very seriously and take it to heart. I am extremely concerned about what use took place in the House. Thank you Mr. President.

LT. GOVERNOR DAVID DEWHURST: Thank you Senator Shapiro. Mr. Doorkeeper.

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

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 --

LT. GOVERNOR DAVID DEWHURST: Senator Shapiro. The Chair recognizes Senator Davis to grant the house's request for an appointment of a conference committee on House Bill 1286.

SENATOR WENDY DAVIS: Thank you Mr. President I would request a conference to be appointed on House Bill 1286.

LT. GOVERNOR DAVID DEWHURST: Members Senator Davis moves to appoint a conference committee on House Bill 1286. There any objection from any member in Chair hears no objection to ordered. Are there any motions to instruct in Chair hears no instructions. The following conferees. The secretary will read the conferees.

PATSY SPAW: Conference committee on House Bill 1286. Chair, Senator Davis, members, Senator Deuell, Senate Duncan, Senator Patrick, and Senator Nichols.

SENATOR WENDY DAVIS: Thank you Mr. President.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. The Chair recognizes Senate Jackson for a motion to grant the house's request for employment of a conference committee on House Bill 2457. 2457.

SENATOR MIKE JACKSON: Thank you Mr. President and members, I am going to make a motion that we grant the house's request to appoint a conference committee on House Bill 2457. Members this is an economic development bill that deals with the emerging technology fund and the enterprise fund. I make the motion Mr. President.

LT. GOVERNOR DAVID DEWHURST: Thank you. Members Senator Jackson moves that the Senate grant the request of the House for a conference committee on House Bill 2457. There objection from any member? The Chair hears no objection from any member and to ordered. Are there any motions to instruct in there are no motions to instruct. Got lowing conferees.

PATSY SPAW: Conference committee on House Bill 2457 Chair Senator Jackson, members Senator Watson, Senator Eltife, Senator Shapiro, and Senator Fraser.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senate Ellis for a motion to grant the request of the House for a conference committee on House Bill 2154. 2154.

SENATOR RODNEY ELLIS: Mr. President I move to grant the House request for a conference me on House Bill 2154.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Members you heard the motion by Senate Ellis. There objection from any member? The Chair hears no objection frop any member, so ordered. There any motion to instruct in the Chair hears no motion to instruct. The following conferees. The secretary will read the conferees.

PATSY SPAW: Conference committee on House Bill 2154. Chair Senate Ellis, members, Senate Duncan, Senator Deuell, Senate Lucio and Senator Van de Putte.

LT. GOVERNOR DAVID DEWHURST: Senator Hegar. The Chair recognizes Senate Hegar for a hogs to grant the request of the House for a conference committee on House Bill 3302. 3302.

SENATOR GLENN HEGAR: Thank you Mr. President and members I ask that we grant the request of the House to appoint a conference me on House Bill 3302.

LT. GOVERNOR DAVID DEWHURST: Thank you. Members you heard the motion by Senate Hegar. There objection from any member? The Chair hears no objection, to ordered. There any motion to instruct in the Chair hears no objection to instruct. The following conferees.

PATSY SPAW: Conference me on House Bill 3302 Chair Senate Hegar, members Senate Jackson, Senator Eltife, Senator Hinojosa, and Senator Patrick.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Van de Putte for a motion to grant the request the House a conference committee on House Bill 2736.

SENATOR LETICIA VAN DE PUTTE: Thank you Mr. President. Mr. President and members I move to grant the request of the House to appoint a conference committee on House Bill 3726. Members this is the bill dealing with the Alamo and our general land office and I move to grant the house's request.

LT. GOVERNOR DAVID DEWHURST: Thank you Senator Van de Putte. Members you heard the motion by Senator Van de Putte. There objection from any member? The Chair hears no objection from any member and it's so ordered. Are there any motions to instruct? Chair hears no motion to instruct. The following conferees.

PATSY SPAW: Conference committee on House Bill 3726 Chair Senator Van de Putte, members Senator Wentworth, Senator Eltife, Senator Zaffirini, and Senator Uresti.

LT. GOVERNOR DAVID DEWHURST: Senator Nelson on Senate Bill 23.

SENATOR JANE NELSON: Yes, sir.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senate kneel on for a motion to not concur in House amendments to Senate Bill 23.

SENATOR JANE NELSON: Thank you Mr. President. Senate Bill 23 was our bill related to cost safings and efficiencies in our Medicaid program. House added several amendments we needing to conference to work out the difference to I move that the Senate to not concur with House amendments to Senate Bill 23 to appoint a conference committee.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Members you heard the motion by Senate Nelson to not concur in House amendments to Senate Bill 23 and request the appointment of a conference committee. There any objection from any member? The Chair hears no objection from any member and to ordered. Are there any motions to instruct in the Chair hears no motion to instruct. The following conferees.

PATSY SPAW: Conference committee on Senate Bill 23 Chair Senate kneel son, members Senator Deuell, Senator Hinojosa, Senator Shapiro X Senate Williams.

LT. GOVERNOR DAVID DEWHURST: Senator Hegar. Chair recognizes Senate Hegar for a motion to repews to concur in the House amendments to Senate Bill 665 and request appointment of a conference committee.

SENATOR GLENN HEGAR: Thank you Mr. President and member, I move to refuse to concur on House amendments to Senate Bill 655 and request appointment of a conference committee.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Members you heard the motion by Senate Hegar, there objection from any member? The Chair hears no objection from any member, so ordered. Are there any motions to instruct in the Chair hears no motion to instruct. The following conferees.

PATSY SPAW: Conference committee on Senate Bill 655 Chair, Senate Hegar, members, Senator Nichols, Senate Nelson, Senator Huffman and Senator Hinojosa.

LT. GOVERNOR DAVID DEWHURST: 652. Senator Hegar do you mind just for a moment? The Chair recognize s Senate Hegar for a motion to refuse to concur in the House amendments to Senate Bill 652 and request the appointment of a conference committee.

SENATOR GLENN HEGAR: Thank you Mr. President and members, I haw that we refuse to concur in House amendments to Senate Bill 652 and request the appointment of a conference committee.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Hegar. Members you heard the motion by Senator Hegar, there objection from any member? The Chair hears no objection from any member and it's so ordered. Are there any motions to instruct in Chair hears no motion to instruct. The following conferees.

PATSY SPAW: Conference committee on Senate Bill 652 Chair, Senate Hegar, members Senator Whitmire, Senator Hinojosa, Senate Nichols and Senator Huffman.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Carona for a motion to refuse to concur in the House amendments to Senate Bill 263 and request appointment of a conference committee.

SENATOR JOHN CARONA: That's right Mr. President. They messed it up. We need a conference committee. They have entered some language? There it doesn't -- it's not consistent with the poddy of the bill. To we would request a conference committee at this time.

LT. GOVERNOR DAVID DEWHURST: Member use heard the motion by Senator Carona. There objection from any member? The Chair hears no objection and the request for the appointment of the conference me is granted R. there any motions to instruct in Chair hears no motion to instruct the following conferees.

PATSY SPAW: Conference committee on Senate Bill 263 Chair Senator Carona, members Senator Rodriguez, Senator Zaffirini, Senator Seliger, and Senator Eltife.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senate Ellis for a motion on the conference committee report on House Bill 1555.

SENATOR RODNEY ELLIS: Thank you Mr. President. House Bill 1555 would allow the Houston independent school district to tart school the 4th in August with local funds. The conference committee report removed the inclusion of the Dallas independent school district. I move adoption.

LT. GOVERNOR DAVID DEWHURST: Senator Ellis moves adoption of conference committee report on House Bill 1555. The secretary will call the roll.

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

LT. GOVERNOR DAVID DEWHURST: There being ayes and no nays, the conference committee report on House Bill 1555 is adopted.

SENATOR RODNEY ELLIS: Thank you.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Chair recognizes Senator Gallegos for a motion to concur in the House amendments to Senate Bill 900.

SENATOR MARIO GALLEGOS: Thank you Mr. President. Mr. President and members I move that the Senate concur in House amendments to Senate Bill 900. Mat bill 900 trayses the east allege dean management strict a local bill which is in pie Senate district. The amendment simply inserts clarifying language into the meets and bounds de-perscription of the district. I move to concur with the House amendments.

LT. GOVERNOR DAVID DEWHURST: Members you heard the motion by Senator Gallegos to concur in the House amendments to Senate Bill 900. The secretary will call the roll.

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

LT. GOVERNOR DAVID DEWHURST: There being ayes and no nays, the motion is adopted.

SENATOR MARIO GALLEGOS: Thank you Mr. President.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Senator Shapiro in concurrence on Senate Bill 166. Chair recognizes Senator Shapiro for a motion to concur in the House amendments to Senate Bill 166.

SENATOR FLORENCE SHAPIRO: Thank you Mr. President and member, I move that the Senate concur with House amendments to Senate Bill 166. This amendment was added by Representative madden that made the civil commitment program boo an independent division of the department of state health services rather than transferring its functions to a tanned alone agency. This approach was used to ensure that the civil commitment program was able to function efect I havely in order to protect the public. I move to concur.

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

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

REPRESENTATIVE DAVID DEWHURST: There being 31 ayes and no nays, the motion adopted. Manufacture the Chair recognizes Senator Rodriguez for a motion to concur in the House amendments to Senate Bill 864.

SENATOR JOSE RODRIGUEZ: Mr. President and members Senate Bill 864 requires funeral establishments to provide the retail life insurance claim on behalf of their beneficiaries. The bill passed the Senate unanimously. The House added one amendment the amendment by Representative tbuEt yes res Claire fies certain provisions relating to the regulation of funeral directors. The first part of the amendment relates to the minimum and maximum hours of employment for provisional license holder. The schools want to reu this language to help students. It will are a large impact on provisional license's for families that would like to work additional hours when hours are available. The second part provides a list of three items for the agent I to consider when charges the funeral director in charge with the rielings when the rielings was actually committed by a license individual working for the home. Mr. President the amendment is acceptable and there's no objection in the House. Mr. President and members I move to concur.

LT. GOVERNOR DAVID DEWHURST: Thank you Senator Rodriguez. Members quo heard the motion by Senator Rodriguez. The secretary will call the roll.

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

LT. GOVERNOR DAVID DEWHURST: There being ayes and no nays, the ocean to concur in House amendments to Senate Bill 1082 is adopted.

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

LT. GOVERNOR DAVID DEWHURST: Thank you. When I gaveled, I mispoke. It was with there being 31 ayes and no nays, the motion to concur in the House amendments to Senate Bill --

SENATOR JOSE RODRIGUEZ: 864.

LT. GOVERNOR DAVID DEWHURST: 864 is adopted. Char recognizes Senate Hegar for a mokes to concur in the House amendments to Senate Bill 1082.

SENATOR GLENN HEGAR: Thank you Mr. President and members, Senate Bill 1082 is the strategic partnership bill and there was one amendment added on by Representative else kins in the House of representatives and it is agreed to by all parties that would not allow tragic partnerships? Pro-speck tiff from here on out to have enforcement of regulation of fire works and I would you have to concur with House amendments to Senate Bill 1082.

LT. GOVERNOR DAVID DEWHURST: Members you heard the hogs by Senate 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, Ogden, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

LT. GOVERNOR DAVID DEWHURST: There being ayes and no nays, the motion to concur in the House amendments to Senate Bill 1082 is adopted. Senator Hegar is recognized for a motion to concur in the House amendments to Senate Bill 650.

SENATOR GLENN HEGAR: Thank you Mr. President and members. House Bill -- Senate Bill 650 is the cap metro sunset bill. The House did not reyou have an of the provisions passed by the Senate how far they add a few provisions to provide parking transit services to people with disabilities living in communities that have withdrawn from cap metro service area. This is an issue Senator Watson had worked on in the House and also om agreed to language. It also populations additional retrikeses on Senate provision authorizing cap metro bonds limited to finance bonds only bent and only fogs and tide the contract and out of transit services. Also adds a requirement for cap metro to report to the legislature by December 31st 2014 on its progress in establishing a two-month operating reserve and I appreciate Senate Watson's hard work on this legislation. I would move to concur in the House amendments to Senate Bill 650.

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

LT. GOVERNOR DAVID DEWHURST: There being ayes and no nays, the motion to concur in the House amendments to Senate Bill 650 is adopted. Senator Deuell 322. The Chair recognizes Senator Deuell for a motion to concur in the House amendments to Senate Bill 233.

SENATOR BOB DEUELL: Thank you Mr. President. I move that the Senate on cur with House amendments to Senate Bill 233 this bill creates a municipal management district in the city of you let in my district the House struck one line it did not real effect the intent of the bill in anyway. The bill fully complies with the Senate intent. I move to concur.

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

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

LT. GOVERNOR DAVID DEWHURST: There being ayes and no nays, the motion by Senator Deuell to concur in the House amendments to Senate Bill 233 is adopted. The Chair recognizes Senator Deuell for a motion to concur in the House amendments to Senate Bill 234.

SENATOR BOB DEUELL: Thank you Mr. President. I move the Senate concur in the House amendments to Senate Bill 234. This creates a municipal management district in the city of you let, in my district, the House truck one line which will not change the intent of the bill in anyway. The bill till fully complies with the Senate IGR template.

LT. GOVERNOR DAVID DEWHURST: Thank you Senator Deuell. Members you heard the motion by Senator Deuell. The secretary will call the roll.

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

LT. GOVERNOR DAVID DEWHURST: There being ayes pes no nays, the motion by Senator Deuell to concur in House amendments to Senate Bill 234 is adopted. The Chair recognizes Senator Harris pr a motion to concur in the House amendments to Senate Bill 1106.

SENATOR CHRIS HARRIS: Thank you Mr. President, members, Senate Bill 1106 relating to confidential information among certain governmental entities concerning multi-assistance use. House added two amendments one will keep wruf nil records and justice and municipal courts confidential the other one will assure defendants not allowed to reproduce video

(inaudible) of children. I move to concur.

LT. GOVERNOR DAVID DEWHURST: Thank you Senator Harris. Members you heard the motion by Senator Harris. There -- The secretary will call the roll.

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

LT. GOVERNOR DAVID DEWHURST: There being ayes and no nays, the motion by Senator Harris to concur in House amendments to Senate Bill 1106 is adopted. Thank you, Senator. The Chair recognizes Senate Ellis for a motion to suspend the Senate's regular order of business to take up and consider House Bill 3275.

SENATOR RODNEY ELLIS: Thank you Mr. President and members. This bill makes four changes to chapter 311 of the tax code relating to tax increment reinvestment zones. Fir it allows the taxing jurisdiction that has been approved that has apried a payment to the tax increment found appoint a member of the board. Second it makes it possible for a conservation and reclamation district to have some flexibility as to what it appoints to the board in tax increment one? Which it participates. Third, section three-point bsh 3.10113 of the tax code is amended to add the word county which was not included by my take in a prior session amendments and filially the time period in which a city must provide reports or audits for the year is extended from 90 theys to 150 days. There are four floor amendments. I have one floor amendment which would allow a member of the legislature or a member of the legislature to be a nonvoting E officio member to the tborching board of reinvestment one within that legislate wrur's district and then Senator Watson has two amendments which I have agreed to accept and Senator Seliger has an amendment relating to I believe clarifying local government corporations would not be exempt from the tax role if the appropriate located outside the boundary of a municipality. I would to suspend the Senate's regular order of business to take up and consider House Bill 3275.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Ellis. Members you heard the motion by Senate Ellis. There objection from any member? The Chair hears no objection from any member and the rule is suspended. The Chair lays out on second reading House Bill 3275. The secretary will read the caption.

PATSY SPAW: House Bill 3275 relating to the operation and tborches of tax increment financing reinvestment zones.

LT. GOVERNOR DAVID DEWHURST: The Chair lays out floor amendment No. 1 by Senate Ellis. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 1 by Ellis.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Ogden for what purpose do you rise, sir? Okay. The Chair recognizes Senate Ellis on floor amendment No. 1.

SENATOR RODNEY ELLIS: Members this is the amendment I explained earlier. This amendment allows a member of the legislature to be a nonroting, to fsh owe member of the tborching board of anti-reinvestment zone within that legislature's district.

LT. GOVERNOR DAVID DEWHURST: All right. The motion -- and you you have adoption?

SENATOR RODNEY ELLIS: I off adoption.

LT. GOVERNOR DAVID DEWHURST: Members Senate Ellis moves the adoption of floor amendment No. 1. Did you wish to speak on this? Okay there objection from any member? The Chair hears no objection from any member and floor amendment No. 1 is adopted. Chair lays out floor amendment nurnl two by Senator Watson. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 2 by Watson.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Watson to explain floor amendment No. 2.

SENATOR KIRK WATSON: Thank you members. Members and Mr. President this amendment, floor amendment number two is a local bill A local amendment that applies only to the city of flogger riel and would allow for the designation of renewal energy reinvestment one. The one would be for renewable energy investment park that they're working to develop and among other things House facilities for a solar incubator project. This amendment was heard in the economic development committee and there was-month objection to it. We waited to hold exit bring it to the floor as opposed to putting it on for timing purrs. I move adoption of floor amendment No. 2.

SENATOR RODNEY ELLIS: And it is acceptable to me Mr. President.

LT. GOVERNOR DAVID DEWHURST: Members the measure in front of us is floor --

SENATOR TROY FRASER: Mr. President.

LT. GOVERNOR DAVID DEWHURST: Senator Fraser for what purpose?

SENATOR TROY FRASER: Question of the author of the amendment.

LT. GOVERNOR DAVID DEWHURST: Will Senator Watson yield?

SENATOR KIRK WATSON: Yes.

LT. GOVERNOR DAVID DEWHURST: He yields.

SENATOR TROY FRASER: Can you tell us a little bit more about what this is?

SENATOR RODNEY ELLIS: Sure the city of newinger riel is working to create an incubator project in a remuEbl energy reinvestment one and what they want to do. This would apply only no Flyingerville, the interested parties of Flyingerville, the CDC of Flyingerville, the Flyingerville independent school district and Travis county. The eligible entities for it would be business urges, to manufacture, assemble or sale maintain or conduct rench on renewable energy and renewable efficiencies products. This would allow for abatements and the abatements would only be for new facilities or new structures. The bill would also allow the truer of certain leaseholders to receive these abatements and the way it would work is the tborching body of the city would adopt a resolution stating that the city is electing to participate in the tax abatement and plush some tbliens and criteria that would tborch those and that's what this amendment would do. One of the other things that's important about this is the zone has to be 100 acres in size and 75 percent of the land has to be owned by the municipality or a municipal development corporation and it has to be zoned for mesh purposes. To what this is is a very specific situation where you have a sits that excited about and attempting to create a specific economic development opportunity and that's one of the reasons frankly that they require to much of the land actually be owned by the city in order to set it up.

SENATOR TROY FRASER: Is there any cost to the state or a mechanism to pass any cost of a renewable energy credit that would go back to the cost of utilities?

SENATOR KIRK WATSON: No this is an investment zone for purposes of economic development opportunity.

SENATOR TROY FRASER: There's no funding mechanism on this?

SENATOR KIRK WATSON: No, sir other than through the what I indicated in terms of the resolution that hay would have to pass.

SENATOR TROY FRASER: Thank you.

SENATOR KIRK WATSON: Thank you.

LT. GOVERNOR DAVID DEWHURST: Senator Hegar for what purpose do you raise in Senator Ogden for what purpose?

SENATOR STEVE OGDEN: Ask the author a question.

LT. GOVERNOR DAVID DEWHURST: Will Senate watt on yield?

SENATOR KIRK WATSON: Yes.

SENATOR STEVE OGDEN: Mow this only applies to Flyingerville which is in your district right?

SENATOR KIRK WATSON: That's right.

SENATOR STEVE OGDEN: The question I have or the of goes with what Senator Fraser aid and I -- when the school district provides a tax abasement for this renewable energy reinvestment zone, does it basically lower its property tax evaluation so the state in effect would increase funding to the school district by lowering this tax abatement or is it no cost to the state and I believe that in most of these tax increment financing zones if the school district provides an abatement by current constitute it doesn't get an offsetting increase in state funding for rest reducing that tax.

SENATOR KIRK WATSON: And that is my understanding of this. It's also my understanding that one of the reasons that it's requiring that the zone have so much of the property be owned by a governmental entity is so that it would not haves a something tiff an impact on any of the taxable value.

SENATOR STEVE OGDEN: Well, it's -- it's not your intention then to allow the school droict basically not impose a tax and return basically have the state fill in for that lost rev paw.

SENATOR KIRK WATSON: Absolutely not.

SENATOR STEVE OGDEN: Okay thank you.

SENATOR KIRK WATSON: Thank you.

LT. GOVERNOR DAVID DEWHURST: Senator Nichols for what purpose do you rise in.

SENATOR ROBERT NICHOLS: To ask the author a question.

LT. GOVERNOR DAVID DEWHURST: Will Senator Watson yield?

SENATOR KIRK WATSON: I will.

SENATOR ROBERT NICHOLS: This is not a bill that we passed?

SENATOR KIRK WATSON: No what happened was offered, it was offered up as an amendment in the economic development committee. The economic development committee heard it at the time we were going to take a vote on it, what we decided tag was go ahead and bring it to the floor for peed poses as poo posed to try the and roll it boot bill in economic committee and there was not objection to it when it was heard economic development committee.

SENATOR ROBERT NICHOLS: Usually an amendment this long has been ago bill that we passed or something like that.

SENATOR KIRK WATSON: Well, not usually but that's sometimes the case.

SENATOR ROBERT NICHOLS: Identify been trying to read it and try to understand it while rve's talking it's hard to read and listen and understand at the same time. But on page three normally if you're dealing with a -- you and I have worked together on om of these tax increment zones. If this is aty one on page three line 12 and that December nation of the zone. Tarts at line nine, goes to 13 but it doesn't even have to be in the city. It ace the tborching body of the city by ordinance may designate the renewable zone? An area in the taxing jurisdiction or in the extra territorial jurisdiction of the city. To this could be several moves out of town.

SENATOR KIRK WATSON: To long as percent of the land was owned by the municipality or by a municipal development corporation yes it could be mick nick so it doesn't have to be in the city it could be in the ETJ. City may not own it but economic development corporation might?

SENATOR KIRK WATSON: If you had a development corporation that owned it or the city they out of to own 75 of it and then it would have to be located either in the corporate boundaries of the city or the extra territorial yours tikes of the city.

SENATOR ROBERT NICHOLS: Okay u the. I just don't understand it because we haven't had a chance to read it. Thank you.

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

SENATOR MIKE JACKSON: Will the yes yield?

LT. GOVERNOR DAVID DEWHURST: Will Senator Watson yield?

SENATOR KIRK WATSON: Yes.

SENATOR MIKE JACKSON: Thank you. Senator Watson I guess we kind of laid this amendment out in committee but really did not are any public testimony on it and not a lot of notice that the amendment was coming out. I am not sure it was posted -- it wasn't posted as a piece of legislation but it was laid out we certainly said we would be bringing it to the floor but we right now in a TIRZ you -- a school district is not au looed any abatement. The school district moneys or the money from property taxes and school districts continue ago to the school districts. The people that can abate for economic development purposes are the city and the county that is correct.

SENATOR KIRK WATSON: If I understand your question I believe that is correct.

SENATOR MIKE JACKSON: Okay so this is a new type of zones that not out there yet that is correct.

SENATOR KIRK WATSON: I don't know the answer to that.

SENATOR MIKE JACKSON: Pardon.

SENATOR KIRK WATSON: I don't know that that's the case.

SENATOR MIKE JACKSON: You don't?

SENATOR KIRK WATSON: I don't.

SENATOR MIKE JACKSON: Well, I was looking at the title of the name of the about here and it's creating a --

SENATOR KIRK WATSON: The renewable energy reinvestment one act.

SENATOR MIKE JACKSON: The renybble energy reinvestment one which is all brand new I think and I think the big difference here is in om of the zones have been created before, the school districts never do defer any money that tboas boo these ones the school instruct's property tax money tboas directly to the schools. The downy and the city if they elect too can put all or a portion of the property tax savings in that to this is kind of a new -- a new twist on that and I am not sure Senator Ogden, because there remember cases in the past where om of these remember set up where when school districts may have contributed money into these investment ones the state didn't recognize that transfer and they just appropriated more money to make up for what was being shifted off into these ones. Do you know if that's the case and what we're dealing with here?

SENATOR KIRK WATSON: I do not know how that wowed specifically apply. Pay bengs and the intention intention of creating the reinvestment one is to I a low the economic development opportunities that would frau out of it and it would not be and that's one of the reasons you have to have so much of it owned by a governmental entity so you would not one of the reasons to oud not have the reduction in the evaluation and my intention would not be done to that the state would have to put additional money?

SENATOR MIKE JACKSON: Okay is it optional in your legislation here that the school district may opt in or is it mandatory that they are in there in and I ask that because if a school district is going to lose money somehow and they're not going to be reimbursed by the state on the back end so to peak that'd be very very hesitant to have their money that would be going to them to fund their public schools tbong into this new zone.

SENATOR KIRK WATSON: Well, it's not mandatory and in fact it requires that the school district, the school district muse pass a resolution stating that it elects to become eligible to participate in the tax abatement and it allegation ace that they have to establish tbliens and criteria that govern out that tboas about. It also ace that current law -- I'm not accurate about that. It says that when it's done that the tax abatement agreement will have to have cry tier yeah that has been set by the school district for approval of a but nighs pal tax abatement agreement. So it's not a mandatory requirement and the school district has to actually be roved? It and comply with the tbliens that are set out in the resolution. They have to pass an affirmative resolution.

SENATOR MIKE JACKSON: Okay well, it sounds you know on the surface Senator Watson it sounds like a good issue deal to do something very different and mu that we haven't done before and mob it will work very very well but I am just a little bit hesitant of making sure we know all the details before we put this into law and then you end up with something that you know the legislature hadn't really bedded out very well. To u the.

SENATOR KIRK WATSON: I appreciate your comments.

LT. GOVERNOR DAVID DEWHURST: Senator Watson moves the adoption of floor amendment No. 2. Chair recognizes Senate Ellis to close.

SENATOR RODNEY ELLIS: It is acceptable.

LT. GOVERNOR DAVID DEWHURST: Members the issue before us is the adoption of floor amendment No. 2. It's acceptable to Senate Ellis. There objection from any -- The secretary will call the roll.

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

LT. GOVERNOR DAVID DEWHURST: There being ayes and six nays, gnar amendment No. 2 is adopted. The Chair lays out floor amendment No. 3 by Senator Watson. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 3 by Watson.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Watson to plan floor amendment No. 3.

SENATOR KIRK WATSON: Thank you Mr. President. Mens, this amendment bracketed to Austin and Travis county it's identical to Senate Bill 1574 that passed the economic development committee five to zero on May 4th and it passed the full Senate 29 to two on May 16th. I move adoption of floor amendment No. 3.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senate Ellis on floor amendment No. 3.

SENATOR RODNEY ELLIS: Mr. President I know some members are asking I might point out Senator Watson what it did, it authorizes the use of increment funds to support an array of social service projects and programs within the reinvestment one and it is acceptable to the author since it passed the Senate.

SENATOR FLORENCE SHAPIRO: Mr. President.

LT. GOVERNOR DAVID DEWHURST: Senator Shapiro for what purpose in.

SENATOR FLORENCE SHAPIRO: To ask the author of the amendment a question.

LT. GOVERNOR DAVID DEWHURST: Will Senator Watson yield?

SENATOR KIRK WATSON: Certainly.

SENATOR FLORENCE SHAPIRO: Senator Watson, this is a real real change in departure from what we normally do. I just want to make sure all the senators recognize this dramatic change. Social services have never been included in a tax reinvestment zone. Why do you believe this is necessary?

SENATOR KIRK WATSON: This is -- and there's a reason that I have been pushing this and by the way its already passed the Senate on a vote of 29 to two.

SENATOR FLORENCE SHAPIRO: I thing I move one of the two.

SENATOR KIRK WATSON: You may have. I don't recall one of the two. I assume Birdwell was the ore one then but --

SENATOR FLORENCE SHAPIRO: Good wrob Birdwell.

SENATOR KIRK WATSON: Yeah. Here's the situation. In Travis county right now we have a situation that is some what unusual. In that you have a yore urban area that still has a lot of development opportunity in what I would call tbreen pace and that's in eastern Travis county and part of that is now in the process of real going very strong in terms of new development because of SH130 and as you recall two sessions ago I had a bill trying to create a planning process to allow for the frat and development in that area. One of the things that to you are decide with that frut you state to' an increase of property rails over in that area and as we pointed out in committee om of the poorest citizens in gnarl Texas and Travis county life in eastern Travis county more between in many cases it's between I35 and SH130 with a little bit beyond SH130. One of the things we're hoping w can happen in Travis county that when you have this mu prat and this new development that om of it is going to be high quality development, in fact, this session we've passed a number of municipal utility districts so that we would be in a position to make sure it's planned and quality development one of the things that we want to see hp is the tbrowt in the property value be returned in that area so some of the poorest citizens will benefit from some of that frat and one of the beingest areas they need that help is in the area of certain social services. So the goal is to allow that new tbrowt to not wall off the poorest citizens in Travis downy more between I35 and SH30 but entad aissue that tbrowt to benefit them by -- it's a permissive thing, it didn't have to be done. But aissue another tool for the county and the city of Austin to be able to provide services and to those who have frankly not had benefit of good increased economic development.

SENATOR FLORENCE SHAPIRO: I you want to make very clear that this is a tax increment finance reinvestment zone. This is for building purrs. This is to reestablish a community. We have all got them in our districts. We have never had one, many of us in our districts never had one that benefits and provides basic necessities such as food, clotting, shelter, health care, mental health care, it's a completedy veer yens from anything we've ever done before --

SENATOR KIRK WATSON: I do not --

SENATOR FLORENCE SHAPIRO: And I think you're setting a precedence for a complete reversal of what a tax increment finance reinvestment zone was intended to do.

SENATOR KIRK WATSON: Well, that -- I don't disagree with you that this is something different. And I don't disagree with you that may be originally when the tax increment ones were created, that was not part of the intention. There is a good use for this and that use is to make sure that some folks in the community benefit from the tbrowt in the property value, have the opportunity give another again it's permissive. The locals are to initiate this and so it's one of those things that frankly probably in a states that so stingy in terms of what it provides local communities to do their planning so few planning tools are provided in my rue it is time for us to awe can try om of these tools in different ways. Just because that's the way it's all done doesn't mean it's the right way to do exit by the way member -- now I checked you were one of the two no vote pes Senator Birdwell was actually a yes vote it was Senator Patrick.

SENATOR FLORENCE SHAPIRO: Senator Patrick. Well, good. Here's my concern and I'm hoping that people are throng this because I think we're making a dramatic shift, the purpose of a tax increment finance reinvestment one is to build public works to build facilities to bring improvements into a community whether hay be utilities or lights or treats, we're already creating an requirement for these people no matter who they are whether they're, need social services or whether they're jus moving into an area or developing it commercially. To now come in and use these same funds for social services completely changes the demeanor and tone in which the tax increment finance reinvestment one was created and I have a very difficult time looking at social services in the aim way, food, clothing, etc. in the aim way they logic at building facility so that people can then create their own requirement to thrive.

SENATOR KIRK WATSON: And I understand that you disagree in that regard and I also understand that the state of Texas has provided very few tools to allow for that sort of --

SENATOR FLORENCE SHAPIRO: Then ideal don't we to that under another office that's not under the idea of a tax increment.

SENATOR KIRK WATSON: Because I don't think it's a bad way of doing it. It is actually a good way of doing it because it is something that we have experience with in terms of utilizing the increment.

SENATOR FLORENCE SHAPIRO: Well, you know with awe due respect to your needs and de-ires in certain communities and belief me the last thing I want to do is vote against something for member's district but this will set a precedent for this type of tax increment finance district that I don't think any of us bended it on when we voted for it originally.

SENATOR KIRK WATSON: Well, and I'll atwo things about that. First, the local community, all it did is create the tool so it may not get used in that way, the local community has to make the decision they want to use it in that way. The second thing I would aabout it is that may be, it may not be a precedent but it mob a good thing for the state to tart providing additional tools for the state -- let me finish, let me finish -- and we can see whether hay work. If in fact, if in fact it doesn't work we will know it doesn't work and this will provide a laboratory if you will on a way we might help om of the citizens who otherwise we don't provide increment to help them.

SENATOR FLORENCE SHAPIRO: Okay and I would stowght u that if that's what we choose to do then we ought to look at it during an interim, we ought to have a bill or a study on it. We ought to make sure that this is really the way we want to use these dollars. I understand what you're trying to do I just thing it real changes the dynamics of what a tax increment reinvestment. Reinvestment means your investing in the lands, the facility, the roads, to make it a better area for these people to life not not to give them services --

SENATOR KIRK WATSON: Well, that's the way --

SENATOR FLORENCE SHAPIRO: Pupil. Pupil.

SENATOR KIRK WATSON: I am agreeing with you.

SENATOR FLORENCE SHAPIRO: Not to give them the social services that are needed if in fact they're fortunate enough to go and life in these areas O. with all due respect I don't know where it is now in the process I'm assuming Senate Ellis loves it but I am going to be voting no and I hope my colleagues who have any of these type of districts will recognize what this is and will recognize that this is changing dramatic lirks traumatically the reinvestment one that we voted for many years o ago and I think you have already accepted it are you not? I would you have to table.

SENATOR RODNEY ELLIS: Well, to be honest with you this is use a simple bill with a broad caption. I just had a simple bill with a broad caption.

LT. GOVERNOR DAVID DEWHURST: Members Senator Shapiro moves to table --

SENATOR FLORENCE SHAPIRO: Please.

LT. GOVERNOR DAVID DEWHURST: Right but I got to go to Senate --

SENATOR FLORENCE SHAPIRO: Go right ahead.

SENATOR KIRK WATSON: Members I made my point. This is something -- I agree. This is something new. This is something different in a play in a unique part of gnarl Texas that needs this or the of help and while it nab new that doesn't mean it's wrong. It is a mechanism for us to determine, we can experiment wit, we can see if it work pes we need to have better tools for these local communities to plan.

LT. GOVERNOR DAVID DEWHURST: Senator Gallegos for what purpose?

SENATOR MARIO GALLEGOS: Mr. President will the gentleman yield?

LT. GOVERNOR DAVID DEWHURST: Will Senator Watson yield?

SENATOR KIRK WATSON: Sure.

SENATOR MARIO GALLEGOS: Senator Watson I use want to make sure on the amendment it only pertains to Austin --

SENATOR FLORENCE SHAPIRO: Mr. President, Mr. President. With all due respect we have a table on the floor and he was just -- he was just concluding and I didn't thing we were allowed to do that.

LT. GOVERNOR DAVID DEWHURST: You are absolutely right, I'm trying to accommodate, but your absolutely right.

SENATOR FLORENCE SHAPIRO: Thank you.

REPRESENTATIVE DAVID DEWHURST: The motion to table is a nondebatable motion.

SENATOR KIRK WATSON: I am done.

LT. GOVERNOR DAVID DEWHURST: Members Senator Shapiro moves to table floor amendment No. 3. Obviously opposed by Senator Watson, The secretary will call the roll.

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

LT. GOVERNOR DAVID DEWHURST: Members there being 17 ayes and four nays, the motion to table prevails. The Chair lays out floor amendment No. 4 by sale. The secretary will read the amendment.

PATSY SPAW: Floor amendment number four by Seliger.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Seliger to explain floor amendment No. 4.

SENATOR KEL SELIGER: Members this amendment also deals with tax abatement clarifies that the local government corporation created by a municipal power agency is not exempt from ad valorem taxation, if the property is located outside of the taxing area of the parent local government.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senate --

SENATOR RODNEY ELLIS: Maybe I ought to object. Which one helps you Seliger?

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

SENATOR ROYCE WEST: May we approach in.

LT. GOVERNOR DAVID DEWHURST: Of course.

SENATOR KEL SELIGER: Mr. President I raw my amendment.

LT. GOVERNOR DAVID DEWHURST: Probably well advised. Thank you, Senator. The Chair recognizes Senate Ellis for a motion.

SENATOR RODNEY ELLIS: Mr. President there's nothing else I can do to be helpful to the rest of you with a little local bill I'll move passage to third reading at this time.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Members you heard the motion by Senate Ellis. Is there objection from any member? The Chair hears no objection from any member and House Bill 3275 as amended is passes to third reading. Chair recognizes Senate Ellis for a motion to suspend the constitutional rule that bills be read on three several days.

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

REPRESENTATIVE DAVID DEWHURST: Members you heard the motion by Senate Ellis. The secretary will call the roll.

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

LT. GOVERNOR DAVID DEWHURST: There being ayes and six nays, the rule is suspended. The Chair lays out on third reading and final passage House Bill 3275 as amend. The secretary will read the caption.

PATSY SPAW: House Bill 3275 relating to the operations and tborching of tax increment financing reinvestment ones.

LT. GOVERNOR DAVID DEWHURST: The Chair five Senate Ellis for a motion.

SENATOR RODNEY ELLIS: Mr. President finally I move passage.

LT. GOVERNOR DAVID DEWHURST: Thank you, sir. Members you heard the motion by Senate Ellis. The secretary will call the roll.

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

LT. GOVERNOR DAVID DEWHURST: There being ayes and six nays, House Bill 3275 as amended is finally passed.

SENATOR RODNEY ELLIS: Thank you Mr. President and members.

LT. GOVERNOR DAVID DEWHURST: Members the Chair lays out as a matter of postponed business Committee Substitute to House Bill 272. The following floor amendment by Senator Carona floor amendment No. 9. The secretary will read the amendment.

PATSY SPAW: Floor amendment No. 9 by Carona.

REPRESENTATIVE DAVID DEWHURST: The Chair five Senator Carona to explain floor amendment No. 9.

SENATOR JOHN CARONA: Members as you may recall when we came up on what was originally gnar amendment No. 2 becofferred that that particular amendment had not been rerise odd reflect the negotiated agreement that was reached earlier this evening and to we needed about an hour to rewrite this amendment. What this amendment did is it cleans up and clarifies discrepancies between sections of the bill, it clarifies extensions between deadlines for TWIA and it provides remedies for claims handling under the bill. This amendment like everything else we worked on this afternoon has been agreed by the two yore parties behind the bill and hopefully it will be met with your acceptness as well. I move adoption of floor amendment No. 9 Mr. President.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Members Senator Carona moves the adoption of floor amendment No. 9. There objection from any member? The Chair hears no objection from any member and gnar amendment No. 9 is adopted. Chaish recognizes Senator Carona for a motion.

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

LT. GOVERNOR DAVID DEWHURST: Thank you Senator Carona. Moves u heard the motion by Senator Carona. There objection from any member? The Chair hears no objection and Committee Substitute to House Bill 272 as amended a passed to third reading. Chair five Senator Carona for a motion to suspend the constitutional rule that bills be read on three several dais.

SENATOR JOHN CARONA: So moved Mr. President.

LT. GOVERNOR DAVID DEWHURST: Member use heard the motion by Senator Carona. The secretary will call the roll.

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

LT. GOVERNOR DAVID DEWHURST: There being ayes pes no nays, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to House Bill 272 as amend. The secretary will read the caption.

PATSY SPAW: Me constitute to House Bill 272 relating to the operation of the Texas wind tomorrow insurance association.

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

SENATOR JOHN CARONA: Mr. President I between say thank you to everyone in this chamber that's worked on this bill and there remember many people who have worked to help us get a 31 to zero vote. I move final passage at this time.

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

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

REPRESENTATIVE DAVID DEWHURST: There being three # ayes pes no nays, Committee Substitute to House Bill 272 as amendeded is finally passed. Members the president's desk is clear. Are there any announce presidents in the Chair five Senator Eltife for an announcement.

SENATOR KEVIN ELTIFE: Thank you Mr. President and members I am giving notice that the local and uncontested calendar session will be held Tuesday May 24th at 9:00 am the copy of the certified calendar will be furnished to each of you, the bills will be considered on second and third reading in the order listed. Thank you Mr. President, thank you members.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Estes for an announcement.

SENATOR CRAIG ESTES: Thank you Mr. President. Actually a motion.

LT. GOVERNOR DAVID DEWHURST: You're recognized for a motion.

SENATOR CRAIG ESTES: I'd like to u to suspend 110 and 1118 so the Senate me on agriculture could meet at my desk immediately upon adjournment we have one very important bill to vote out and then we will savings items knee dad the e com.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Members you heard the hogs by Senator Estes. There objection from any member? The Chair hears no objection and Senate rules 1110 and 1118 are suspended to enab the Senate me on agricultural and rural affairs to meet at Senate Estes' desk. Are there any additional announcements in there being no additional announcements then the Chair recognizes the dean of the Senate for a highly privileged motion.

SENATOR JOHN WHITMIRE: Mr. President I issue that the Senate recess until 9:00 a.m. tomorrow to that we may consider a local and uncontested calendar teat and at the Texas of that calendar the Senate will adjourn until 10:30. 10:30.

LT. GOVERNOR DAVID DEWHURST: Thank you dean. Members you heard the motion by the dean. Is there objection from any member in Chair hears no objection and the Senate stands in recess until 9:00 a.m. tomorrow to consider local calendar and upon conclusion of local calendar the Senate will stand in recess until 10:30 tomorrow morning May 24th.

(Adjourned.)