Senate Transcript, May 25, 2011

View May 25's House Transcript

SENATOR STEVE OGDEN: Members, the Senate is in recess, so we don't need to call the roll. All on the floor and in the gallery please rise for the invocation to be delivered by Reverend Gary Roberts, the Mt. Sinai Missionary Baptist Church of Austin.

PASTOR: Let us bow. Gracious God, our Father, we come calling upon You because You hear us when we pray. We call upon You because You are the creator of heaven and Earth. We thank You for all that You do because You do all things well. Lord, we ask that You would forgive us of all our sins and unrighteousness, for Your word declares that if we confess our sins, You are faithful and just to forgive us and cleanse us from all unrighteousness. We thank You now for the State of Texas and the great nation we are a part of and how You continue to bless us. We pray for our Texas government officials. We ask that You would keep them safe from all hurt, harm, and danger. Father, grant them vision and courage to make wise decisions that will benefit all citizens. Lord, empower them to have a mind of Christ and stand strong on Your principles of love, compassion, and justice. We thank You in advance for what You are going to do because we know the best is yet to come. We pray all these things in Your son Jesus' name. Amen.

SENATOR STEVE OGDEN: Thank you. Those in the gallery may be seated. Chair recognizes senator Watson to introduce the doctor of the day.

SENATOR KIRK WATSON: I appreciate that, thank you very much. Mr. President and members, I am pleased to bring forward our doctor for the day Dr. Elliot Trester, he's been a resident of Austin since 1983 and he had several practices located in Austin over the years including the Jefferson Street Family Practice, a solo practice and currently the Central Family Practice. He served as a member of the Peace Corp in Medien, Columbia from 1968 to 1970 as a National Health Service volunteer in Puerto Rico and a medical volunteer with Doctors for Global Health. He's a part time clinical assistant professor for the family and community medicine department at the University of Health Science Center at the University of San Antonio. He has served as chairman of the family practice department at Brackendridge, he volunteers as a clinical assistant professor at UTMB in Galveston and for the family practice residency program and he's been a physician volunteer with the Volunteer Health Clinic since 2008. Members, help me welcome your doctor for the day Dr. Elliot Trester er and thank him for serving us.

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

PATSY SPAW: House Concurrent Resolution 153, WHEREAS, Members of the Austin Area Urban League are visiting the State Capitol on May 25, 2011; and WHEREAS, Founded on August 12, 1977, the Austin Area Urban League is affiliated with the National Urban League, a civil rights organization that has fought discrimination for more than a century; the Urban League has contributed immeasurably to social progress and remains dedicated to the economic empowerment of historically underserved residents in urban communities; and WHEREAS, The Austin Area Urban League began operations in the basement of Wesley United Methodist Church; from that humble beginning, the organization has grown dramatically to meet the needs of area residents; and WHEREAS, In addition to job readiness training, the group's Workforce Development program provides GED courses, job search assistance, and office and life skills instruction; the league works with 300 employers to help job candidates find suitable positions, and it conducts after-school computer and technology classes at four different Housing Authority of Austin sites; and WHEREAS, The organization offers a first-time homebuyer's class and awards those who complete it a $1,000 grant toward a down payment; moreover, it performs hundreds of emergency and scheduled home repairs annually, free of cost to low-income home owners, and it partners with some 40 other entities, including Dell, Seton, and the Meadows Foundation, to further its important goals; and WHEREAS, Today, the Austin Area Urban League remains fortunate in the continued leadership of many of its esteemed founders, including the Reverend Freddie Dixon, who was pastor of Wesley United Methodist Church in 1977 when the church became the birthplace of the Urban League in Central Texas, and the Honorable Harriett Murphy, a retired municipal court judge who was a new attorney working to help found the league in the 1970s; also among this number are Linda Moore Smith, the organization's first executive director, who went on to serve the National Urban League in New York before reprising her role in Austin, and Carolyn Holt Goldston, a longtime advocate for racial justice and civil rights and a lifetime member of the organization; continuing the tradition of excellence established by these local legends are Austin native Scotty Holman, a financial executive, who serves as the 2010 chair, and the Honorable Jeffrey K. Richard, who was elected president and chief executive officer in 2005 and also serves as a trustee for the Austin Community College District; other noteworthy founders and longtime members continue to share their wisdom and experience with the organization and inspire the members of its newest program, the AAUL Young Professionals; and WHEREAS, Unwavering in its determination to improve race relations and foster economic and social equality, the Austin Area Urban League has created an enduring legacy, and its efforts in behalf of education, employment readiness, wellness, and affordable housing are greatly benefiting innumerable people and making a lasting, positive difference in the community; now, therefore, be it RESOLVED, That the 82nd Legislature of the State of Texas hereby honor the Austin Area Urban League for its outstanding achievements and extend to its members sincere best wishes for continued success; and, be it further RESOLVED, That an official copy of this resolution be prepared for the organization as an expression of high regard by the Texas House of Representatives and Senate by Watson.

SENATOR STEVE OGDEN: Senator Watson, you're recognized on the motion.

SENATOR KIRK WATSON: Thank you very much, Mr. President. Members, I am deeply honored to have this group of distinguished visionary Austenites on the floor with us. You heard the resolution which is honoring the Austin Area Urban League which as pointed out affiliated with the National Urban League, and as part of that resolution one of the things you heard that this organization started in the basement of Reverend Dixon's church, Wesley United Methodist Church. And when we top and think about it, and as I was listening to it, I stopped to think about it, that wasn't that long ago and the idea that this organization started in the basement of that church with a vision of what it could be. And knowing what I know now and today about what it is in central Texas and the role that it plays, as we heard laid out in this resolution, I have two thoughts. The first is man, what a long distance it came from being in the basement of a church and just an idea of where we wanted to be but the second one is when I look at Reverend Dixon and Judge, we've known each other for ever and ever and I look at leaders like this that are on the floor with us and I think we should have expected it. We should have expected it from that seed, from that division in the basement of the church that we have an organization that literally touches lives across our community every day. So it's wonderful to have the opportunity to get to have you on the Senate floor and honor you this way. Members, I want to personally introduce these distinguished Austenites, these distinguished citizens that worked so hard on making sure that our young people receive the kind of school, tutoring and technology classes they should. They make sure that people have first time homeowner's classes, they continue to play a role that we really need to play all the time and that is to promote social economic equity and that is to fight against systemic inequality in our community. First I'd like to introduce the Reverend Freddie Dixon, the former pastor of the Wesley United Methodist Church. Standing next to him is the honorable Harriet Murphy, Judge Murphy is a retired Austin municipal judge and as you heard one of the founders of the Austin Area Urban League. Next to her is Linda Moore Smith, first executive director of this wonderful organization. We also have Carolyn Holt, Golston, who I -- I am embarrassed to say how long we've known each other and been fighting different fights but she is involved not only with the Austin Area Urban League, but a myriad of other organizations. Next to her is Scotty Holman, the 2011 chair of the board of Austin Area Urban League. And last but not least my great friend the president and CEO of the Austin Area Urban league, he also serves on the board of trustees of the Austin Community College and that's Jeffrey Richard. Members, please help me in honoring these wonderful visionary individuals for all they do in the Austin and central Texas area. And Mr. President, I move adoption of HCR153.

SENATOR STEVE OGDEN: Is there any objection to the adoption of the resolution? Chair hears none, resolution is adopted. Senator Davis. Senator Zaffirini, for what purpose do you rise?

SENATOR JUDITH ZAFFIRINI: Parliamentary inquiry, Mr. President.

SENATOR STEVE OGDEN: Make your inquiry.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. Members, last night Senator Whitmire moved that the Senate stand in recess until 9:00 clock for the local and uncontested calendar, and then we stand in recess again until 10:30 this morning at the end of the local and uncontested calendar session this morning. However, the Senate was adjourned until 10:30 today. My question is are we, therefore, in recess or have we adjourned?

SENATOR STEVE OGDEN: The motion that was adopted by the Senate last night was to recess and the -- we're operating under that motion.

SENATOR JUDITH ZAFFIRINI: The action of adjournment did not take precedence over that motion?

SENATOR STEVE OGDEN: Well, because there was no motion associated with it. It was just a statement, it didn't override the motion that was adopted by the body.

SENATOR JUDITH ZAFFIRINI: So the effect of our having recessed then and reconvened after that recess would be that if a bill is brought up today and does not have the votes to suspend the three day rule, the Senate could possibly adjourn at that time, reconvene at a new legislative day and that bill could be brought up again under a simple 21 votes requirement; is that correct?

SENATOR STEVE OGDEN: Well, that's not really a parliamentary inquiry --

SENATOR JUDITH ZAFFIRINI: It is.

SENATOR STEVE OGDEN: I am not advised.

SENATOR JUDITH ZAFFIRINI: Well, could you ask the parliamentarian?

SENATOR STEVE OGDEN: She says the answer's yes.

SENATOR JUDITH ZAFFIRINI: Thank you.

SENATOR STEVE OGDEN: Senator Davis. Following resolution. Secretary read the resolution.

PATSY SPAW: Senate Resolution 1172 recognizing Fred Chase, Sr. who served his country with honor and distinction during World War II and the Korean War. By Davis.

SENATOR STEVE OGDEN: Senator Davis, you're recognized on the resolution.

SENATOR WENDY DAVIS: Thank you, Mr. President and embers. It is my honor this morning to welcome Fred Chase, Sr. to the Senate floor. Born in 1925 in little Texas to Vincent Chase and Maria Vasquez, Fred's father taught him an important lesson in life to be successful, one should always strive to be productive on a daily basis and coupled with an active mind continuously acquiring new knowledge will result in one staying healthy and strong in spirit and certainly Mr. Chase epitomizes that. Following in his father's example of serving in World War I, Fred enlisted in the Navy in 1942 at the age of 17. He obtained the rank of petty officer third class and was responsible as a helmsman man for piloting beach landing craft during amphibian assaults on the Japanese occupied islands of

(inaudible), Guam, (inaudible), Guadalupe Canal and

(inaudible). Fred volunteered joining the Marine Reserves in 1949 and was also called to active duty during the Korean conflict where he was responsible for training military personnel on the carbine and other small arms eventually earning the rank of staff sergeant and was honorably discharged in 1951. Following his Marine service, Fred returned home to Texas and served again in the Texas Army National Guard Reserves as a master sergeant in the 249th tank battalion until being honorably discharged in 1958. Fred married Francis Irigas in 1947 and settled in Fort Worth in Arlington where they raised three children. One of who is on the floor with him today Robert, Fred, Jr. and Irene. Fred worked at Lone Star Gas Company where he started as a utility worker eventually rising to become the first Hispanic superintendent for the Lone Star Gas Company and surrounding suburbs in Fort Worth before he retired in 1985. Mr. President and members, please help me welcome a true Texas hero, Mr. Fred Chase, Senior. I move adoption, Mr. President. Move adoption, Mr. President.

SENATOR STEVE OGDEN: Senator Davis, thank you for this resolution. Is there objection to the adoption of SCR172 or Senate Resolution 172? Chair hears none, the resolution is adopted.

SENATOR KEVIN ELTIFE: The Chair lays out the following resolution. The secretary would please read the resolution.

PATSY SPAW: Senate Resolution 1129 by Lucio, Zaffirini and Hinojosa commending Colleen McHugh on her service to the University of Texas System Board of Regents.

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

SENATOR EDDIE LUCIO: Thank you, Mr. President and members. If I could have your attention. Today we recognize a very special woman. I call her a Texas lady dedicated to public service Ms. Colleen McHugh. And to say that she has been exemplary is really understating her service to the people of our great state. This year concluded Colleen's six year term as a member of University of Texas Board of Regents. During her time on the board she has served as a member of the academic affairs committee where she was elected by her fellow members to serve as the first woman to Chair the board. In addition to her work at UT, she has served at the Christus Spawn Health Systems, a president of the state bar of Texas and as Chair of the Texas Public Safety Commission. All of us in south Texas claim Ms. McHugh as one of our own and I just want to say on a personal basis I remember the dedication that took place at the DPS building there in Brownsville, when my dad was alive and he was just taken, he said he was in awe with the leadership of this fine young lady. And everyone that I talked to that day was just astounded at the way she handled, you know, her position and how she represented DPS. We all claim you. And at this time I would like to yield to my colleague Senator Hinojosa and Zaffirini to speak on this important resolution and any other members that might want to say a few words.

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

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. Mr. President and members, it is my pleasure to join Senator Lucio and Senator Hinojosa in coauthoring this resolution honoring a very distinguished Texan, our friend Colleen McHugh. Members, she is not only the first woman to have ever chaired the UT board of regents but also the first woman to serve on the Public Safety Commission. She is a true trail blazer who has always been a role model for Texans of all ages. I am especially impressed by her discipline, her dedication and her goodwill and I believe very, very strongly that it is women like Colleen McHugh who we need to Chair boards of regents and other agency commissions so that they can keep us straight, keep us honest and they can ensure that we have an administration that is protective, efficient, and transparent. Colleen, you were a fantastic Chair of the board of regents, we miss you and I only wish that you were back. I believe that if you were still on the board, we would be in a better position to handle these recent controversies related to higher education. Thank you for your leadership, your good work and the future good work that you will do for all Texans. Thank you for being with us today.

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

SENATOR JUAN HINOJOSA: Thank you, Mr. President. Well, I am very honored to coauthor this resolution for the simple reason that Ms. Colleen McHugh resides in Corpus Christi which is the city that I represent and she's really a pillar of the community and she is well respected, everybody wants to claim her because of her service to our state, service to our community and also her intelligence and focused on making this state a better place for education and for all our citizens. And, Colleen, when you were first appointed to the Department of Public Safety Commission, they asked me if I would checkoff and I said, who's this lady McHugh? Well, I found out very quickly who she was and found out she's very well respected in Corpus Christi, but also found out she's well known in the state of Texas for her work in Texas with the legal state bar and then I also found out that she's really into education and supports public education and higher education and it was such a commitment that she became the first woman to be named Chair of the board of regents and I am very proud to say that the work you've done for the state, it's invaluable, priceless and I want to thank you for the service and I hope you continue making time available to help us here in the Texas and be appointed to other boards because your expertise and your commitment are very much needed. And I want to thank you for your service to our state and thank you and I am very proud to honor you here on the Senate floor today.

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

SENATOR KIRK WATSON: Thank you, Mr. President. Members, Senator Lucio, Senator Zaffirini, Senator Hinojosa, thank you very much for bring this resolution. This is a neat moment because it's one of those moments, Colleen and I have known each other probably going on 25 years and we first came to know each other when we were working in the state bar of Texas and working -- kind of trickling our way up into different positions. Colleen served in the highest positions of the state bar and was a wonderful leader of that entity and has been a great friend and so I would be remiss if I didn't take this opportunity to say thank you for your public service but more importantly thank you for your friendship. I am very proud of all the good that you have done for so many people and on behalf of the state of Texas.

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

SENATOR JEFF WENTWORTH: Thank you, Mr. President. Mr. President, I just want to call the Senate's attention, we all know how many resolutions Senator Lucio has introduced this year. I think he ranks No. 1 of the entire Senate and I just want to say from my perspective this is the best resolution you've introduced. Colleen McHugh is a true role model for not only the women of Texas but the people of Texas and those of us from San Antonio hold her in very high regard for her public service. We wish we had more like you in Texas.

SENATOR KEVIN ELTIFE: Thank you, Senator Wentworth. Senator Lucio to close on the resolution.

SENATOR EDDIE LUCIO: Thank you, Mr. President and thank you for your kind words. And Colleen, you've have made us all very, very proud and thank you for defining what true leadership all about with compassion added to it. That's the type of leadership that all of us recognize we need to continue to have in our great state. I think Robert Frost said it best, in miles to go before I sleep and miles to go before I sleep and God willing, you will travel. You'll continue to travel the highways of our great state and you'll continue to play an integral part in the lives of so many Texans and you'll continue to help our great state. I know you will. With that, Mr. President, members, please join me in welcoming this outstanding Texan as I move adoption for Senate Resolution 1129.

SENATOR KEVIN ELTIFE: Members, Senator Lucio moves adoption of the resolution. Is there objection? Chair hears none, resolution is adopted. Thank you, Senator Lucio. Following resolution. Secretary please read the resolution.

PATSY SPAW: Senate Resolution 1130 commending Rodrigo Villareal on being named Youth of the Year for district 27 by the Rio Grande Valley sector of the United States Board of Patrol and Senate Resolution 1131 -- Senate Resolution 1130 by Lucio. Senate Resolution 1131 commending Amanda Aguilera on being Youth of the Year for district 20 by the Rio Grande Valley United States sector Border Patrol. By Hinojosa.

SENATOR KEVIN ELTIFE: The Chair recognizes Senator Hinojosa on the resolutions.

SENATOR JUAN HINOJOSA: Thank you, Mr. President and members. It's always an honor to bring students who have achieved a high degree of excellence in education and today we have a young lady who's just done that. Very well educated and has a great future, Amanda Aguilera was selected for Youth of the Year by the Rio Grande Valley Border Patrol. For nearly 15 years the Rio Grande Valley Sector Border Patrol has administered an educational program titled Head of the Class to recognize high achieving students in the valley. Students are nominated by their respective school counselors. As an extension of this program two of the recipients have the title chosen for the title of youth of the year which means they have met the criteria for head of the class and have excelled as exemplary role models. Helping with scholarship funding for the program this year are HEB, International Bank of Commerce, and Real Home Care. To earn this title students must lead a drug free lifestyle and also maintain good grades and also volunteer time to the school or community and participate in clubs, athletics, student council or fundraisers. Amanda Aguilar who's 18 years old is a senior at (inaudible) High School in Edinburgh. Her GPA is 105.1 and she'll graduate next week with 36 college hours, she has taken through concurrent and dual enrollment courses through South Texas College. Involvement in high school includes Business Professionals of America, National Honor Society, member of the Diego Jags drill team and volunteer softball coach for Edinburgh Little League. Hobbies include reading, dancing, volunteering within the Edinburgh community and unfortunately in a way we're losing her to our university here in Texas because she got accepted and will be attending Brown University in Providence, Rhode Island and plans to major in biomedical engineering. And I have to tell you that I'm very proud that she's also a constituent of mine in Edinburgh and probably you too, Senator Eddie Lucio. And with her on the Senate floor is her mom (inaudible) Aguilera, (inaudible and you ought to be proud of your daughter for her achievement and being accepted to Brown University which is one of the top universities in our nation. And let me before I finish, Senator Lucio, I also need to recognize the special operations supervisor from the Rio Grande Border Patrol sector Enrique

(inaudible) and supervisor Border Patrol Agent border patrol sector, Jody O. Martinez, Eddie Vasan and David

(inaudible) and all you folks who support this program, please stand up. They are up in the west gallery and please help me welcome this fine young lady, the border patrol for their commitment to education to the Texas Senate.

SENATOR KEVIN ELTIFE: Thank you, Senator.

SENATOR JUAN HINOJOSA: And I will yield to my good friend Eddie Lucio.

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

SENATOR EDDIE LUCIO: Thank you, Mr. President. Members, this resolution also congratulates a very fine young man Rodrigo Villarreal who is here with us today and who is this year's recipient of the youth of the year award for district 27. The youth of the year program is run by the Rio Grande Valley sector to have the U.S. Border Patrol who are with us here today and it has been in operation for nearly 15 years. The program acknowledges exceptional students from high schools in the Rio Grande Valley. Students are selected for the honor based on academics, achievement, community involvement and demonstration and determination to succeed no matter what obstacles that they may encounter along the way. Rodrigo is a student at Progresso High School in a town of the same name, Progresso, Texas. He gets excellent grades. He participates in extracurricular activities and he is a great example to other students as a member of various organizations. He is a true young leader. Please join me in welcoming him to the Capitol as I move adoption with Senator Hinojosa on Senate Resolution 1130.

SENATOR KEVIN ELTIFE: Members, Senator Lucio and Senator Hinojosa move adoption of SR1130 and SR1131. Is there objection? Chair hears none, resolutions are adopted. The following resolution. Secretary please read the resolution. Members, this is a memorial resolution. Secretary please read the resolution.

PATSY SPAW: Senate Resolution 1176 in Memory of Robert C. Thornell, Sr. who died April the 16th, 2011, at the age of 61 by Rodriguez.

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

SENATOR JOSE RODRIGUEZ: Thank you, Mr. President and members. It is my honor this morning to rise to ask you to help me commemorate the life of Robert C. Thornell, Sr. who died April 16th, 2011 at the age of 61. Mr. Thornell was the grandfather to one of my interns who you see here on a daily basis, Timothy Bryce Romero, who is a TLIP intern, by the way, Senator Ellis, and he's right here as always supporting me throughout the day. Mr. Thornell was born on October the 9th in Port Arthur, Texas. He joined the United States Marine Corps, Senator Hinojosa and Senator Uresti, when he was only 18 years old and served in Vietnam of November of 1968 to November of 1969 with (inaudible) third battalion 7th Marine regiment first Marine division. The Vietnam war had a profound effect on him while in a relentless battle with the enemy in (inaudible) province in February of 1969 he was wounded while trying to save the life of his best friend. He carried the memory of his friend with him for the rest of his life. As a dedicated Marine he was always the ideal, exemplifying the Marine Corps motto, semper fidelis. He was awarded the purple heart, the national defense service medal, the Vietnam campaign medal, the Vietnam service medal, and the combat action ribbon. A patriotic American, a great Texan, a loving husband, and a devoted father and grandfather, Robert Thornell leaves behind memories that will be treasured forever by his family and his friends. Mr. President and members, I move have that a copy of this resolution be prepared for his family as an compression of deepest sympathy from the Texas Senate and when the Senate adjourns this day, it do so in memory of Robert C. Thornell, Sr. Mr. President and members, I move adoption.

SENATOR KEVIN ELTIFE: Members, you heard the motion by Senator Rodriguez. All those in support of the motion please stand. Resolution is adopted. Thank you, Senator Rodriguez.

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

SENATOR KEVIN ELTIFE: Senator Hinojosa, for what purpose?

SENATOR JUAN HINOJOSA: May I request that all members' names be added to the resolution?

SENATOR KEVIN ELTIFE: Members, you heard the motion by Senator Hinojosa, is there objection? Chair hears none, so ordered. Thank you, Senator Hinojosa. Thank you, Senator Rodriguez. The following resolution. Secretary please read the resolution. Members, this is also a memorial resolution. Please take your eats.

PATSY SPAW: Senate Resolution 1052 in memory of James Wyatt Edwards who died May 13th, 2011, at the age of 73 by Shapiro.

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

SENATOR FLORENCE SHAPIRO: Thank you very much, Mr. President and members. Senate Resolution 1052 recognizes James Wyatt Edwards, a former two term mayor of the city of Plano who died on May 13th at the age of 73. Jim died after a very short but very agonizing battle with cancer. This left a hole in our community that will not soon be filled. Born September the 6th, 1937, in Chicago, he grew up in Henderson, Kentucky and loved that old Kentucky and (inaudible) he talked about them all the time. He made his mark in Texas. Jim made a distinguished mark. As I mentioned he was a former mayor of Plano and a very effective one at that. Jim is rightfully credited with drawing a number of large corporations to our area in a sleepy little town. Back in the 70s and 80s it became a burgeoning community. Jim helped spur development of major roadways, public transportation, retail centers and educational institutions in Collin county. His background was extraordinary. He entered college when he was 16. After earning his bachelors degree he went on to earn a masters in accounting and two, members, two doctorates one in accounting and one in finance and it's no surprise that with this love of learning later in life, Jim also held leading roles in several colleges and universities. As his beloved son Randy has said of his father education was paramount in his career. He was active in Republican politics, he served as a coordinator for Mike Huckabee's 2008 presidential campaign in Texas, eight years before that he worked George W. Bush campaign in Palm Beach County, Florida. As a passionate advocate, advocate of education. Particularly those students at risk. He worked with a nonprofit organization called Heart of Champion and true to his nature his most recent initiative was the Changing Hearts Project. A program dedicated to aiding the children of combat veterans from Iraq and Afghanistan. A devoted husband, father and grandfather, Jim knew what it meant in life and what was important in life. It was family and friends and each one of us will miss him dearly and yet what we know is that Jim believed above all else it was service to others, much like the legacy of his service that he will leave behind. He will always continue to live on in the hearts and minds of all of those who knew Jim Edwards and loved him. Mr. President, I move adoption of SR1052 at this time.

SENATOR KEVIN ELTIFE: Members, Senator Shapiro moves adoption of SR1052. All those in support please rise. Resolution is adopted unanimously.

SENATOR FLORENCE SHAPIRO: Thank you very much, Mr. President and members.

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

SENATOR CRAIG ESTES: Mr. President, I move that Senator Shapiro's remarks be reduced to writing in the journal.

SENATOR KEVIN ELTIFE: Members, you heard the motion by Senator Estes. Is there objection? Chair hears none, so ordered. Thank you, Senator Estes. Thank you, Senator Shapiro. The Chair recognizes Senator Whitmire for a motion.

SENATOR JOHN WHITMIRE: Mr. President and members, I would move that the Senate recess until 1:00 o'clock and also I would emphasize at 12:30, members, 12:30 sharply, we will have a Senate caucus in the Betty King room for the purpose of going over the schedule for the remaining of today and tomorrow. So please tend to your business, maybe eat a bite or whatever between now and 12:30 and then at 12:30 we'll caucus and come back on the floor sharply at 1:00 o'clock.

SENATOR KEVIN ELTIFE: Members, you heard the motion by Senator Whitmire that we will recess the Senate until 1:00 o'clock and caucus at 12:30. Is there objection? Chair hears none, so ordered. Thank you, members.

(Recess.)

SENATOR STEVE OGDEN: Senate will come to order. Senator Nelson is recognized for a motion to suspend the regular order of business on Committee Substitute House Bill 290.

SENATOR JANE NELSON: Thank you, Mr. President. Mr. President, I move to suspend the regular order of business to take up and consider Committee Substitute to House Bill 290. This is a bill that prevents the exploitation of children by increasing the penalty for individuals who employee children to work in sexually oriented businesses. This bill makes the second conviction for employing a child in a sexually oriented business as a state jail felony and the third conviction for employing a child in a sexually oriented business a third degree felony. Members, I filed legislation last session that passed the Senate unanimously but got caught up in the delays of the House and I hope that doesn't happen this year. Mr. President, I move suspension.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute House Bill 290. The secretary will read the caption.

PATSY SPAW: Committee Substitute House Bill 290 relating to the punishment for the offense of employing children.

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

SENATOR JANE NELSON: Move passage to third reading.

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

SENATOR JANE NELSON: I move to suspend the constitutional rule that bills be read 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: : 31 ayes, zero nays, constitutional three day rule is suspended. The Chair lays out on third reading and final passage Committee Substitute House Bill 290. The secretary will read the caption.

PATSY SPAW: Committee Substitute House Bill 290 relating to punishment for the offense of employment harmful to children.

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

SENATOR JANE NELSON: Thank you, Mr. President. I move final passage of Committee Substitute to House Bill 290.

SENATOR STEVE OGDEN: The secretary will call the roll.

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

SENATOR JANE NELSON: Thank you, Mr. President and thank you members.

SENATOR STEVE OGDEN: The following report from the nominations committee, the Chair recognizes Senator Deuell to explain the report.

SENATOR BOB DEUELL: Thank you, Mr. President and members. I move to confirm the nominees that are listed on the committee action report placed on your desk. These nominees were taken up at our Monday May 23rd and in addition we had the three nominees for the University of Texas board of regents. I move confirmation of all of those nominees.

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

SENATOR STEVE OGDEN: 31 ayes, zero nays the nominees are confirmed.

SENATOR BOB DEUELL: Thank you, Mr. President and members. And I want to thank the staff on the nominations committee and members for a good session with this and thank the members of this body for working with me on nominees. Thank you.

SENATOR STEVE OGDEN: Senator Williams is recognized for a motion to suspend the regular order of business on House Bill 737.

SENATOR TOMMY WILLIAMS: Thank you, Mr. President. I move to suspend the regular order of business and rule 712, the printing rule, to take up and consider House Bill 737 on the East Montgomery county improvement district. Members, this is a local bill it will be available at 3:23 this afternoon. I'd like to suspend the printing rule so that we can take up and consider this bill. I move to suspend the regular order of business and rule 712.

SENATOR STEVE OGDEN: Senator Williams moves to suspend the regular order of business and Senate rule 712 to take up and consider House Bill 737. The secretary will call the roll.

SENATOR STEVE OGDEN: There being 31 ayes, zero nays, the rules are suspended. The Chair lays out on second reading House Bill 737. The secretary will read the caption.

PATSY SPAW: House Bill 737 relating to East Montgomery county improvement district.

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

SENATOR TOMMY WILLIAMS: I move passage to third reading.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, bill is passed no third reading. Senator Williams is recognized for a motion to suspend the constitutional three day rule.

SENATOR TOMMY WILLIAMS: So moved.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays the constitutional three day rule is suspended. The Chair lays out on third reading and final passage House Bill 737. The secretary will read the caption.

PATSY SPAW: House Bill 737 relating to East Montgomery county improvement district.

SENATOR STEVE OGDEN: Senator Williams.

SENATOR TOMMY WILLIAMS: I move final passage.

SENATOR STEVE OGDEN: The secretary will call the roll.

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

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

SENATOR STEVE OGDEN: Senator Huffman is recognized for a motion to suspend the regular order of business on Committee Substitute to House Bill 1940.

SENATOR JOAN HUFFMAN: Thank you, Mr. President. I move to suspend the regular order of business to take up and consider Committee Substitute to House Bill 1940. House Bill 1940 has been significantly changed in the Senate to reflect the very recent court decisions. As constituted in committee this legislation is largely a cleanup provision. It would statutorily add institution parole officers to the parole board which in actuality has already been done and further define the powers and constitutes of the parole panel and board. This bill permits a parolee to waive their rights to a hearing before the parole panel or a designated agent makes its recommendations. All these changes are designed to allow the board of pardons and parole panel to operate more efficiently. I move to suspend the Senate's regular order of business.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute to House Bill 1940. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 1940 relating to certain matters affecting the supervision of persons released from the Texas Department of Criminal Justice.

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

SENATOR JOAN HUFFMAN: I move passage to third reading.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, Committee Substitute to House Bill 1940 is passed to third reading. Senator Huffman, you're recognized for a motion to suspend the constitutional three day rule.

SENATOR JOAN HUFFMAN: So moved.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays the constitutional three day rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to House Bill 1940. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 1940 relating to certain matters affecting the supervision of persons released from the Texas Department of Criminal Justice.

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

SENATOR JOAN HUFFMAN: I move final passage of Committee Substitute to House Bill 1940.

SENATOR STEVE OGDEN: The secretary will call the roll.

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

SENATOR JOAN HUFFMAN: Thank you.

SENATOR STEVE OGDEN: : Senator Zaffirini is recognized for a motion to suspend the regular order of business on Committee Substitute to House Bill 1206.

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 1206 by Representative Ryan Guillen, it relates to training of members of boards of public junior college districts. Members, this is a bill that would extend the training requirement for appointing members of governing boards of institutions of higher education to members at public junior college districts who are elected. It would require that the minutes reflect the training and require an equivalent training program by electronic means. Mr. President, I move suspension.

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 1206. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 1206 relating to training for members of governing boards of public, junior college districts.

SENATOR STEVE OGDEN: Senator Zaffirini is 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 passed to third reading. Senator Zaffirini is recognized for a motion.

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.

SENATOR STEVE OGDEN: 31 ayes, zero nays the constitutional three day rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to House Bill the 1206. The secretary will read the caption.

PATSY SPAW: Committee Substitute House Bill 106 relating to training of members of governing boards of public junior college districts.

SENATOR STEVE OGDEN: : Senator Zaffirini.

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

SENATOR STEVE OGDEN: The secretary will call the roll.

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

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

SENATOR STEVE OGDEN: : Senator Uresti is recognized for a motion to suspend the regular order of business on House Bill 2337.

SENATOR CARLOS URESTI: Thank you, Mr. President and members, good afternoon. House Bill 2337 relating to admissibility of a statement made by a child in a juvenile court or criminal proceeding. The bill would allow Texas juvenile courts to accept a recorded statement made by a juvenile offender to a federal or out of state peace officer. And with that, Mr. President, I move to suspend the regular order of business to take up and consider Committee Substitute to House Bill 2337.

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 2337. The secretary will read the caption.

PATSY SPAW: Committee Substitute House Bill 2337 relating to the admissibility of certain at the same times made by a child in a juvenile justice or criminal proceeding.

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

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

SENATOR STEVE OGDEN: Is there objection? Chair hears none, bill passed to third reading. Senator Uresti, you're recognized for a motion.

SENATOR CARLOS URESTI: Mr. President, I move to suspend the three day rule.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays constitutional three day rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to House Bill 2337. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 2337 relating to admissibility of certain statements made by a child in a juvenile justice or criminal proceeding.

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

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

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays, Committee Substitute to House Bill 2337 finally passed. Thank you, Senator.

SENATOR CARLOS URESTI: Thank you.

SENATOR STEVE OGDEN: Senator Ellis is recognized for a motion to suspend the regular order of business to take up and consider House Bill 1376.

SENATOR RODNEY ELLIS: Thank you, Mr. President and members. House Bill 1376 clarifies confusing language found in the current transportation code with regard to junk cars. It seeks to define what does qualify as a junk vehicle. It passed transportation unanimously and the House unanimously. I move to suspend the Senate's regular order of business to take up and consider House Bill 1376.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading House Bill 1376. The secretary will read the caption.

PATSY SPAW: House Bill 1376 relating to definition of a junk vehicle for purposes of abatement of a public nuisance.

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

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

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

SENATOR RODNEY ELLIS: Mr. President, I move to suspend the three day rule.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays the constitutional three day rule suspended. The Chair lays out on third reading and final passage House Bill 1376. The secretary will read the caption.

PATSY SPAW: House Bill 1376 relating to definition of junk vehicle for purposes of abasement of a public nuisance.

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

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

SENATOR STEVE OGDEN: The secretary will call the roll.

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

SENATOR RODNEY ELLIS: Thank you.

SENATOR STEVE OGDEN: Thank you, Senator. Senator Wentworth is recognized for a motion to suspend the regular order of business to take up and consider Committee Substitute to House Bill 2327.

SENATOR JEFF WENTWORTH: Thank you, Mr. President. I move to suspend the regular order of business to take up and consider the Committee Substitute for House Bill 2327 relating to the establishment and operation of a motor bus only lane pilot program in certain counties. As we all know, mobility a major problem all throughout urban Texas. Currently motor buses must use highway lanes to travel even when these lanes are congested. This makes use of mass transit less functional and appealing. This bill is a common sense bill intended to address this issue. Mr. President, this bill actually passed the Senate two years ago. It was vetoed by the governor and we brought it back with additional provision that allowed if this bill becomes law and they allow these motor buses to ride on the shoulder, if there's any problem in terms of safety, that the TxDOT can terminate the whole program. Mr. President, I move to suspend the regular order of business to take up and consider this revised and now improved bill.

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

SENATOR MIKE JACKSON: Will the gentleman yield?

SENATOR JEFF WENTWORTH: Happy to yield to Senator Jackson.

SENATOR MIKE JACKSON: Thank you, Mr. President. Thank you, Senator Wentworth. I just -- I remember this bill from a couple of sessions ago, I think it was --

SENATOR JEFF WENTWORTH: Two years ago.

SENATOR MIKE JACKSON: It deals specifically with motor bus coaches?

SENATOR JEFF WENTWORTH: Yes, sir.

SENATOR MIKE JACKSON: Not any other type of vehicle? At one time there was -- didn't you have a bill about motorcycles being allowed to do the same thing?

SENATOR JEFF WENTWORTH: No, no.

SENATOR MIKE JACKSON: No?

SENATOR JEFF WENTWORTH: Just motor buses and it's restricted to certain counties. As a matter of fact we're going to have a floor amendment that I will accept that will remove Denton county from the bill.

SENATOR MIKE JACKSON: Can you tell us if Harris County or the surrounding areas included or excluded from the bill?

SENATOR JEFF WENTWORTH: I think they're not included. The affected municipalities are Bexar, Denton, El Paso, Tarrant and Travis and I've already agreed at Denton's request to be removed. So not Harris or any counties around Harris.

SENATOR MIKE JACKSON: Okay. Did this go through the transportation committee and Senator Williams didn't want it in Harris County or was there any cushion?

SENATOR JEFF WENTWORTH: No, that's just the way we drafted the bill at the request of those particular metropolitan authorities.

SENATOR MIKE JACKSON: Okay. So under this bill if the roadway is congested, all the lanes, four lanes, whatever, congested -- the buses will be able to get on the shoulder, drive up to 35 miles an hour to bypass traffic?

SENATOR JEFF WENTWORTH: That's correct.

SENATOR MIKE JACKSON: Okay. Is there any provision on letting them back in? You know, if you got a long line of traffic and it's blocked up all the way, how are they going to get back in?

SENATOR JEFF WENTWORTH: The same way you and I get from one lane to another in congested situation, you put on your blinker and you hope for somebody to be polite and let you in.

SENATOR MIKE JACKSON: Okay. And would there be any penalty associated with if a police officer witnesses you not letting a bus back into the lane of traffic, they can fine you for it or anything?

SENATOR JEFF WENTWORTH: No, sir. We have no sanction in this bill of any kind.

SENATOR MIKE JACKSON: All right. Thank you, sir.

SENATOR JEFF WENTWORTH: And no windshield wipers or headlights either.

SENATOR MIKE JACKSON: Thank you.

SENATOR STEVE OGDEN: All right. Senator Wentworth moves to suspend the Senate's regular order of business to take up and consider Committee Substitute to House Bill 2327. There is objection. The secretary will call the roll.

SENATOR STEVE OGDEN: There being 21 ayes and ten nays, the rule is suspended. The Chair lays out on second reading Committee Substitute to House Bill 2327. The secretary will read the caption.

PATSY SPAW: House Bill 2327 relating to the establishment and operation of a motor bus lane only pilot program.

SENATOR STEVE OGDEN: Senator Wentworth, you're recognized for a motion. Excuse me, the following amendment, the secretary will read the amendment.

PATSY SPAW: Floor amendment No. 1 by Estes.

SENATOR STEVE OGDEN: : Chair recognizes Senator Estes on --

SENATOR CRAIG ESTES: Thank you, Mr. President and members. The county of Denton would like to be exempt from this pilot program and it's acceptable to the author.

SENATOR STEVE OGDEN: Senator Wentworth.

SENATOR JEFF WENTWORTH: It is acceptable to the author.

SENATOR STEVE OGDEN: All right. Senator Estes moves to exempt Denton. Is there objection? Chair hears none, floor amendment No. 1 is adopted. Senator Wentworth, you're recognized for a motion.

SENATOR JEFF WENTWORTH: Mr. President, I move passage to engrossment of the Committee Substitute for House Bill 2327.

SENATOR STEVE OGDEN: : The secretary will call the roll.

SENATOR STEVE OGDEN: There being 21 ayes and ten nays, the bill passed to third reading.

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

SENATOR STEVE OGDEN: Senator Deuell is recognized for a motion to suspend the regular order of business on House Bill 3079.

SENATOR BOB DEUELL: Thank you, Mr. President and members. I move to suspend the House -- or the Senate's regular order of business so that we can take up and consider House Bill 3079. This deals with tractor and implement dealers and the dealer agreements that they have with manufacturers, the bill updates the current Texas dealerships legislation to make it more consistent with current business practices and to reflect the current state of the equipment industry and the manner in which the business is conducted. The bill is a result of six years of work between tractor and farm equipment dealers and the manufacturers of their equipment and associations. It's been carefully negotiated by the parties and completely agreed to. This bill passed the local calendar and was also recommended for our Senate local calendar. I am aware of no opposition. I move suspension.

SENATOR STEVE OGDEN: Is there objection? Senator Jackson for what purpose do you rise?

SENATOR MIKE JACKSON: Will the gentleman yield?

SENATOR BOB DEUELL: Sure.

SENATOR MIKE JACKSON: Thank you. Senator Deuell, I just have one or two questions. This bill is an example of state government getting involved in a contract between a manufacturer and a dealer of equipment; is that correct?

SENATOR BOB DEUELL: I think you could probably couch it that way.

SENATOR MIKE JACKSON: Okay. I've been -- I've got a bill of the same nature that's coming up later maybe, maybe not depending on today. Deals with that same relationship, a contractual relationship between two private parties, that being a manufacturer of equipment and the dealer of that equipment and I guess thinking back earlier this session we had a bill that dealt with car dealers or car manufacturers and car dealers that got to be worked out.

SENATOR BOB DEUELL: That was, Senator Huffman's bill, I believe.

SENATOR MIKE JACKSON: Yeah. You remember that?

SENATOR BOB DEUELL: She gets cars, and I get tractors.

SENATOR MIKE JACKSON: You get tractors. Okay. Well, I just wanted to make sure that this is what that was this is an example of government getting involved in a contractual relationship between two private parties.

SENATOR BOB DEUELL: Yes. And it is agreed to through all parties and we worked real hard through the years. Everyone seems happy.

SENATOR MIKE JACKSON: Thank you.

SENATOR BOB DEUELL: Thank you, Senator Jackson. I move suspension, Mr. President.

SENATOR STEVE OGDEN: I'm thinking about reducing your remarks to writing, everyone seems happy. Is there objection? Chair hears none, rule is suspended. Senator Deuell House Bill 3079 -- Chair lays out on second reading House Bill 3079. The secretary will read the caption.

PATSY SPAW: House Bill 3079 relating to dealer agreements regarding purchase or sale of equipment used for machinery for agricultural and landscaping purposes.

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

SENATOR BOB DEUELL: Thank you, Mr. President. I move passage to third reading.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, the bill passed to third reading. Senator Deuell, you're recognized for a motion.

SENATOR BOB DEUELL: I move that we suspend the three day rule.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays constitutional rule is suspended. The Chair lays out on third reading and final passage House Bill 3079. The secretary will read the caption.

PATSY SPAW: House Bill 3079 relating to dealer agreements regarding the purchase and sale of certain equipment or machinery use for agricultural and landscaping purposes.

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

SENATOR BOB DEUELL: Thank you, Mr. President. I move final passage of House Bill 3079.

SENATOR STEVE OGDEN: The secretary will call the roll.

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

SENATOR BOB DEUELL: Thank you, Mr. President and members.

SENATOR STEVE OGDEN: Senator Hinojosa is recognized on a motion to suspend the regular order of business to take up and consider Committee Substitute to House Bill 51.

SENATOR JUAN HINOJOSA: Thank you, Mr. President and members. I move to suspend the regular of business to take up and consider House Bill 51. House Bill 51 calls for adoption of energy efficiency standards for certain state owned buildings and to align high performance design, construction and renovation standards. The bill has addressed initial physical concerns by eliminating proposed studies and using existing authority in the state energy conservation office rather than creating new duties for facilities commission. The bill creates an advisory committee to advise the energy state conservation office on energy build code standards and high performance evaluation systems for state funded and higher education buildings. It also requires the state energy conservation office to periodically update and review the code for state buildings. Passing this bill will lead to new testable standards for state buildings and will serve as a state resource to some payments for utilities bill while continuing to update our building and energy codes as we meet our air quality and energy need challenges throughout the state. I would move suspension, Mr. President.

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 51. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 51 relating to energy efficiency standards for certain buildings and high performance design construction for buildings -- of institutions of higher education.

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

SENATOR JUAN HINOJOSA: Thank you, Mr. President and members. This amendment addresses a drafting error and clarifies higher education facilities --

SENATOR STEVE OGDEN: : Senator Hinojosa --

SENATOR JUAN HINOJOSA: -- of the design and construction to comply with the applicable energy and water conservation standards unless compliance with those standards are impractical and I move adoption.

SENATOR STEVE OGDEN: Okay. Well, my fault. We don't have the amendment before the Senate, so let me back up. The following amendment. The secretary will read the amendment.

PATSY SPAW: Floor amendment No. 1 by Hinojosa.

SENATOR STEVE OGDEN: Senator Hinojosa, you want to explain your amendment again?

SENATOR JUAN HINOJOSA: I'm sorry, Mr. President, I guess I got a bit carried a way here. Okay, second time. This amendment addresses a drafting error and clarifies that higher education facilities must be designed and constructed to comply with the applicable energy and water conservation standards unless compliance with those standards are impractical. Move adoption.

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

SENATOR JUAN HINOJOSA: I move passage to third reading.

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

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

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: 29 ayes and two nays, the constitutional three day rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to House Bill 51. The secretary will read the caption.

PATSY SPAW: Committee Substitute House Bill 51 relating to energy efficiency standards for certain buildings.

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

SENATOR JUAN HINOJOSA: I move final passage of House Bill 51 as amended.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: 29 ayes and two nays, the bill finally passed. Thank you, Senator.

SENATOR JUAN HINOJOSA: Thank you, Mr. President.

SENATOR STEVE OGDEN: Senator Duncan is recognized for a motion to suspend the regular order of business on House Concurrent Resolution 86.

SENATOR ROBERT DUNCAN: Thank you, Mr. President and members. We often get our school kids interested in the state of Texas when they're studying Texas history and this bill was brought to me by a group of students in my district who were studying history about the Texas buffalo. This resolution seeks to designate the buffalo herd at Camp Rock Canyon state park as the official state bison herd of Texas. The Good Night JA Ranch bison herd was founded in the 1870s and became one of the five foundation herds in the United States captured and protected from extinction. The Good Night herd was donated to Texas Parks and Wildlife in 1996 and of that herd a subset were pure descendents of the Great Plains herd which were given a home at Camp Rock Canyon state park. Members, you heard me talk a hot about Elmer Kelton and his history -- his historic novels about Texas, you'll learn a lot about Texas buffalo and these particular -- this line of bison if you read those historic novels. With that explanation, I suspend the Senate's regular order of business to take up and consider HCR86.

SENATOR STEVE OGDEN: The Chair lays out the follow resolution, secretary will read -- wait, members, we got to adopt -- Senator Duncan moves suspension of the regular order of business to take up and consider HCR86. Chair hears none, the rule is suspended. The Chair lays out the following resolution, secretary will read the resolution.

PATSY SPAW: HCR86 designating the Texas state bison herd at Camp Rock Canyon state park as the official state bison herd of Texas.

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

SENATOR ROBERT DUNCAN: I move adoption of House Concurrent Resolution 86.

SENATOR STEVE OGDEN: The question is on the adoption of the resolution. The secretary will call the roll.

SENATOR STEVE OGDEN: Being 31 ayes, zero nays the resolution is adopted. Thank you. Senator Estes is recognized for a motion to suspend the Senate's regular order of business to take up and consider House Bill 2994.

SENATOR CRAIG ESTES: Thank you, Mr. President and 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 2994. This bill creates the urban farm and micro enterprise support program of Texas agricultural finance authority provides financial assistance for micro enterprises. The bill prohibits using state money for purposes of the program, invitation loan program is dependent upon receipt of gifts and grants. Therefore I move to suspend.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading House Bill 2994. The secretary will read the caption.

PATSY SPAW: House Bill 2994 relating to the creation and funding of urban farm micro enterprise support program.

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

SENATOR CRAIG ESTES: Move passage to engrossment.

SENATOR STEVE OGDEN: Senator Estes moves passage to Thursday reading of House Bill 2994. Is there objection? Chair hears none, the bill passed to third reading. Senator Estes, you're recognized for a motion to suspend the constitutional three day rule.

SENATOR CRAIG ESTES: So moved, Mr. President.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: 28 ayes and two nays, the constitutional three day rule is suspended. The Chair lays out on third reading and final passage House Bill 2994. The secretary will read the caption.

PATSY SPAW: House Bill 2994 relating to the creation, operation and funding of the urban farm micro enterprise support program.

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

SENATOR CRAIG ESTES: Thank you, Mr. President. I move final passage of House Bill 2994.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: 28 ayes and two nays, the bill finally passed. Thank you, Senator. Senator Lucio is recognized for a motion to suspend the regular order of business on House Bill 3841.

SENATOR EDDIE LUCIO: Thank you, Mr. President and members. I'd like to move to suspend the Senate's regular order of business and all necessary rules to take up and consider House Bill 3841. Members -- Mr. President and members, I am very privileged to bring this bill before you today. This bill would name Farmer Market Road 907 in Hidalgo county in my district as Rudy Villarreal Road between U.S. Highway 281 and Oasa Road to honor the mayor of Alamo for his distinguished and dedicated service to his community for over 30 years. This is no significant fiscal implication to the state in passing this bill. I move suspension of the rules.

SENATOR STEVE OGDEN: Senator Lucio moves to suspend the regular order of business to take up and consider House Bill 3841. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading House Bill 3841. The secretary will read the caption.

PATSY SPAW: House Bill 3841 relating to designation of a portion of Farmer Market Road 907 in Hidalgo county as Rudy Villarreal Road.

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

SENATOR EDDIE LUCIO: I'd like to move House Bill 3841 to third reading, Mr. President.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: Being 30 ayes and one nay, the bill passed to third reading. The Chair recognizes Senator Lucio for a motion to suspend the constitutional three day rule.

SENATOR EDDIE LUCIO: So moved, Mr. President.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: Thirty ayes and one nay, the constitutional three day rule suspended. The Chair lays out on third reading and final passage House Bill 3841. The secretary will read the caption.

PATSY SPAW: House Bill 3841 relating to designation of Farmer Market Road 907 as Rudy Villarreal Road.

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

SENATOR EDDIE LUCIO: Mr. President and members, I'd like to move final passage for House Bill 3841.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: Being 30 ayes and one nay, the bill finally passed. Thank you, Senator. Senator Zaffirini is recognized for a motion to suspend the regular order of business on Committee Substitute to House Bill 2910.

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 at this time the Committee Substitute for House Bill 2910 by Representative Dan Branch. It relates to agreements between the Texas higher education board and certain organizations for increasing degree completion rates. There will be an amendment offered by Senator Birdwell which is acceptable and relates to the TSTEM bill that we passed earlier. Members, this is a bill that would allow the coordinating board in partnership with institutions of higher education to enter into an agreement with nonprofit organizations to assist the board in identifying and implementing effective methods for completing degree completion rates at institutions of higher education. It would also allow the board to establish by rule a grant program to fund these projects and it requires the board to report to the joint higher education oversight committee a study of what other states do in this area and would sunset the bill in 2013. Mr. President, I move suspension.

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 2910. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 2910 relating to agreements between the Texas higher education coordinating board and certain organizations for increasing degree completion rates.

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

PATSY SPAW: Floor amendment No. 1 by Birdwell.

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

SENATOR BRIAN BIRDWELL: Thank you, Mr. President and members. This amendment is originally Committee Substitute to Senate Bill 1729 which passed out of the Senate higher education committee six to nothing and House 28 to two. The amendment would ensure and authorize Texas to implement to graduating students who pursue their education in the high tech disciplines. It establishes Texas science and mathematics, a TSTEM challenge, scholarship program requirements to maintain eligibility at institutions eligible to participate. I move adoption, Mr. President.

SENATOR STEVE OGDEN: Senator Birdwell moves adoption, Senator Zaffirini is recognized.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. It is acceptable to the author.

SENATOR STEVE OGDEN: All right. Senator Birdwell moves adoption of floor amendment No. 1. It is acceptable to the author. Is there objection? Chair hears none, amendment adopted. 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, the bill passed to third reading. Senator Zaffirini.

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.

SENATOR STEVE OGDEN: 31 ayes, zero nays the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to us House Bill 2910. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 2910 relating to agreements between the Texas higher education coordinating board and certain organizations for increasing degree completion rates.

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

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

SENATOR STEVE OGDEN: The secretary will call the roll.

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

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

SENATOR STEVE OGDEN: Chair recognizes Senator Deuell to suspend the Senate's regular order of business to take up and consider House Bill 3864.

SENATOR BOB DEUELL: Thank you, Mr. President. Members, this bill would create the Lazy W district No. 1 in Henderson county. It's a completely local bill. It was voted out of the committee very late and therefore we were not unable to get it to local calendar before deadline. I move suspension.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, the rule suspended. The Chair lays out on second reading House Bill 3864. The secretary will read the caption.

PATSY SPAW: House Bill 3864 relating to creation of the Lazy W district No. 1.

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

SENATOR BOB DEUELL: Thank you, Mr. President. I move passage to third reading.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, the bill 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 STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays the constitutional three day rule is suspended. The Chair lays out on third reading and final passage House Bill 3864. The secretary will read the caption.

PATSY SPAW: House Bill 3864 relating to the creation of the Lazy W district No. 1.

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

SENATOR BOB DEUELL: Thank you, Mr. President. I move final passage of House Bill 3864.

SENATOR STEVE OGDEN: The secretary will call the roll.

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

SENATOR BOB DEUELL: Thank you.

SENATOR STEVE OGDEN: Senator Watson is recognized for a motion to suspend the regular order of business on Committee Substitute to House Bill 2643.

SENATOR KIRK WATSON: Thank you. Mr. President, members, I move to suspend the regular order of business to take up and consider at this time the Committee Substitute to House Bill 2643 relating to safety standards for elevators, escalators and related equipment. Members, Senator Nelson and Senator Carona both have amendments to this bill related to legislation that they have previously passed that is not moving in the House. Senator Nelson will be offering a floor amendment allowing the establishment of perpetual care cemetery by organized religious society and it's acceptable. And Senator Carona has one related to specific HBAC I think and it's also acceptable. 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 tot to House Bill 2643. The secretary will read the caption.

PATSY SPAW: Committee Substitute for House Bill 2643 relating to safety standards for elevators, escalators and related equipment.

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

PATSY SPAW: Floor amendment No. 1 by Carona.

SENATOR STEVE OGDEN: Senator Carona is recognized on his amendment.

SENATOR JOHN CARONA: Thank you, Mr. President. Members, this adds Senate bill 1244 which died over there on the House calendar but it passed our Senate on the local calendar previously. It concerns regulatory matters involving heating, ventilation and air-conditioning contractors. I move adoption.

SENATOR STEVE OGDEN: Senator Watson.

SENATOR KIRK WATSON: It's acceptable.

SENATOR STEVE OGDEN: Senator Carona moves adoption of nor amendment No. 1, it's acceptable to Senator Watson. Is there objection? Chair hears none, floor amendment number one is adopted. The following amendment. Secretary read the amendment.

PATSY SPAW: Floor amendment No. 2 by Nelson.

SENATOR STEVE OGDEN: The Chair recognizes Senator Nelson on the amendment.

SENATOR JANE NELSON: Thank you, Mr. President and members. This is language from House Bill 3207 which unanimously passed the House and Senate committee on health and human services and passed the Senate. I don't think there's any objection and I think Senator Watson finds this amendment acceptable.

SENATOR STEVE OGDEN: Senator Watson.

SENATOR KIRK WATSON: It is acceptable.

SENATOR STEVE OGDEN: All right. Senator Nelson moves adoption of floor amendment No. 2. It's acceptable to the author. Is there objection? Chair hears none, the amendment is adopted.

SENATOR JANE NELSON: Thank you.

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

SENATOR KIRK WATSON: Thank you, Mr. President. I move that the Committee Substitute to House Bill 2643 as amended pass to third reading.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, bill passed to third reading. Senator Watson, you're recognized for a motion.

SENATOR KIRK WATSON: I move that we suspend the constitutional three day rule that bills be read on three several days.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays constitutional three day rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to House Bill 2643. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 2643 relating to safety standards of elevator and escalator and related equipment.

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

SENATOR KIRK WATSON: Mr. President, I move final passage of Committee Substitute to House Bill 2643 as amended.

SENATOR STEVE OGDEN: The secretary will call the roll.

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

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

SENATOR STEVE OGDEN: Thank you, Senator. Senator Hinojosa is recognized for a motion to suspend the regular order of business on Committee Substitute to House Bill 1560.

SENATOR JUAN HINOJOSA: Thank you, Mr. President and members. I move to suspend the regular order of business to take up and consider House Bill 1560. Back in the early 80s I produced enterprise owned legislation and the purpose of this enterprise owned legislation was to attract capital investment and job creation to economically depressed areas of a city or a county. Investment in this economically depressed area of the state a sales tax refund for the days on the number of jobs created or retained by the distance. This is

(inaudible) qualify for the program two ways. The business hiring new employees and will meet the hiring criteria set out in new enterprise guidelines or the business will retain existing jobs. The problem right now there is a problem with an issue of retaining jobs s. Currently there's no standards for establishing and retaining by the business so they just get a sales tax refund without complying with the purposes of the enterprise owned legislation. This bill would require businesses seeking enterprise zoned designations to have percent of the work force to live in enterprise zone or have ten percent of the work force for economic and depressed areas be disadvantaged according to the guidelines. This bill does not change the eligibility requirements for a business applying for an enterprise status designation (inaudible). And I will have a perfecting amendment on an issue that was brought to our attention by the different cities and chambers of commerce of cities participating in this program. I move suspension.

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 1560. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 1560 relating to the enterprise fund program.

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

PATSY SPAW: Floor amendment No. 1 by Hinojosa.

SENATOR STEVE OGDEN: Senator Hinojosa, you're recognized on the amendment.

SENATOR JUAN HINOJOSA: Thank you, Mr. President and members. The bill as drafted has several errors in the drafting part of the bill. So what we did with this amendment says the projects would have retained -- the substitute says the projects would have to retain ten percent of employees which live in that enterprise zone with an enterprise zone. This amendment changes that standard to permit the employee to live in any enterprise zone and that is to help companies that are enterprise zones in more than one area of the state. And I move adoption.

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

SENATOR JUAN HINOJOSA: I move passage to third reading.

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

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

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays constitutional three day rule is suspended. The Chair lays out on third reading final passage Committee Substitute to House Bill 1560. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 1560 relating to the enterprise zone program.

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

SENATOR JUAN HINOJOSA: I move final passage of House Bill 1560 as amended.

SENATOR STEVE OGDEN: The secretary will call the roll.

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

SENATOR JUAN HINOJOSA: Thank you, Mr. President.

SENATOR STEVE OGDEN: Senator Ellis is recognized for a motion to suspend the Senate's regular order of business to take up and consider Committee Substitute to House Bill 1646.

SENATOR RODNEY ELLIS: Thank you, Mr. President and members. This bill helps ensure continuity of legal representation for applicants for successful writs in capital cases. A successful writ is a subsequent writ of habeas corpus which are regularly approved by the court of criminal appeals but can be important in proving someone's innocence. This bill would ensure that the attorney who represented the applicant in the writ application would have the priority to represent the applicant going forward and next would be the office of capital writs. If there's no questions, I move to suspend the Senate's regular order of business to take up and consider Committee Substitute to House Bill 1646.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, rule is suspended. The Chair lays out on second reading Committee Substitute to House Bill 1646. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 1646 relating to representation of certain applicants of writs of habeas corpus.

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

SENATOR RODNEY ELLIS: I move passage to third reading.

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

SENATOR RODNEY ELLIS: So moved, Mr. President.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: 28 ayes and three nays, the constitutional three day rule suspended. The Chair lays out on third reading and final passage of Committee Substitute House Bill 646. The secretary will read the caption.

PATSY SPAW: Committee Substitute House Bill 1646 relating to representation of certain applicants of writs of habeas corpus.

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

SENATOR RODNEY ELLIS: I move final passage.

SENATOR STEVE OGDEN: The secretary will call the roll.

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

SENATOR RODNEY ELLIS: Thank you, sir.

SENATOR STEVE OGDEN: Senator Birdwell is recognized for a motion to suspend the Senate's regular order of business to take up and consider House Bill 335.

SENATOR BRIAN BIRDWELL: Thank you, Mr. President and members. I move to suspend the regular order of business to take up and consider House Bill 335.

SENATOR STEVE OGDEN: Senator Birdwell moves to suspend the Senate's regular order of business to take up and consider House Bill 335. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on third reading and final passage House Bill 335. The secretary will read the caption.

PATSY SPAW: House Bill 335 relating to implementation and requirements of certain health care reform laws.

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

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

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: There being 24 ayes and seven nays, the bill finally passed.

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

SENATOR STEVE OGDEN: Mr. Doorkeeper.

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

SENATOR STEVE OGDEN: Admit the messenger.

MESSENGER: Thank you, Mr. President. Mr. President, I am directed by the House to inform --

SENATOR STEVE OGDEN: Don't you start that. Go ahead.

MESSENGER: I am directed by the House to inform the Senate that the House has taken the following action, the House passed the following measures, HCR146 by Raymond.

SENATOR STEVE OGDEN: Thank you. Senator Rodriguez is recognized for a motion to suspend the regular order of business on House Bill 3462.

SENATOR JOSE RODRIGUEZ: Thank you, Mr. President and members. House Bill 3462 is a local bill and affects only El Paso county hospital district. This bill passed the House unanimously. More than 40 hospital districts in Texas have some sort of restrictions on who can serve on the board. House Bill 3462 establishes similar qualifications for the El Paso county hospital district board of managers. Specifically the bill prohibits the appointment of a person who is an employee of El Paso county, a hospital district employee or related within the third degree or

(inaudible) or divinity of a member of the commissioner's court. Mr. President, I move that we suspend the regular order of business and all necessary rules to take up and consider House Bill 3462.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, the rule suspended. The Chair lays out on second reading House Bill 3462. The secretary will read the caption.

PATSY SPAW: House Bill 3462 relating to the board of hospital managers of the El Paso county hospital district.

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

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

SENATOR STEVE OGDEN: Is there objection? Chair hears none, bill 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 STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays constitutional three day rule is suspended. The Chair lays out on third reading final passage House Bill 3462. The secretary will read the caption.

PATSY SPAW: House Bill 3462 relating to the board of hospital managers of the El Paso county hospital district.

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

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

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays House Bill 3462 finally passed. Thank you, senator.

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

SENATOR STEVE OGDEN: Senator Zaffirini is recognized for a motion to suspend the regular order of business on committee statute to House Bill 3025.

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 2035 by Dan Branch. There will be some floor amendments offered by Senator Van de Putte and by Senator Patrick. The Committee Substitute for House Bill 3025 relates to measures to facilitate the transfer students within the public higher education and the timely graduation of students from institutions public institutions of higher education. Generally, the bill would require each student enrolled in an associate or bachelor of science degree program to file a degree plan with the institution. It would also require that institutions of higher education to provide information to the students to whom this bill applies and require that students who do not file a degree plan be informed of the consequences. Mr. President, I move suspension.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, the rule suspended. The Chair lays out on second reading Committee Substitute to House Bill 3025. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 3025 relate together filing of a degree plan by undergraduate students at public institution of higher education.

SENATOR STEVE OGDEN: Senator Zaffirini -- wait. Following amendment. Secretary read the amendment.

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

SENATOR STEVE OGDEN: Senator Van de Putte, you're recognized on your amendment.

SENATOR LETICIA VAN DE PUTTE: Thank you, Mr. President. Mr. President and members, currently many of our institutions of higher Ed, we have the Hazel Wood so that active duty military who have served in those combat zones for 180 days have some college exemptions in tuition here in our state. It's a longstanding program, but you have to have 180 days. The amendment I'd like to put on, representative Dan Branch feels is the (inaudible) of Senate Bill 1334 which was passed out unanimously here and was on the general state calendar before falling three bills short before the midnight deadline. What this does make sure when the military, when we have got those are deployed, we had an instance where a couple of our soldiers have been injured before the 180th day, therefore they return and do not complete the 180th day but it has been due to injuries in combat. We want to make sure that those who deserve it the most can receive the Hazel Wood benefit and I would move adoption of the amendment which is Senate Bill 1774.

SENATOR STEVE OGDEN: Is there objection to the adoption -- Senator Zaffirini.

SENATOR JUDITH ZAFFIRINI: It is acceptable, Mr. President.

SENATOR STEVE OGDEN: All right. Senator Van de Putte moves adoption of floor amendment No. 1. It is acceptable to the author. Is there objection? Chair hears none, the amendment is adopted. Following amendment. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 2 by Patrick.

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

SENATOR DAN PATRICK: Mr. President and members, I believe this amendment is acceptable to the author because she was a co-sponsor of the bill. It passed out of here but didn't get to the House. This simply says if a student transfers from a community college to a four year university once they acquire 90 credits, they will get a credit back from the university, reverse credit so they can get their associate degree that they're entitled to as well as their bachelors degree if they complete their courses. Thank you, Senator.

SENATOR STEVE OGDEN: Senator Zaffirini.

SENATOR JUDITH ZAFFIRINI: It is acceptable to the author, Mr. President.

SENATOR STEVE OGDEN: All right. Senator Patrick moves adoption of floor amendment No. 2. It is acceptable to the author. Is there objection? Chair hears none, the amendment adopted. Senator Zaffirini, you're recognized for a motion.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. I move passage to third reading of Committee Substitute to House Bill 3025 as amended.

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

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.

SENATOR STEVE OGDEN: 31 ayes, zero nays the constitutional rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to House Bill 3025. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 3025 relating to the filing of a degree plan to public institutions of higher education.

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.

SENATOR STEVE OGDEN: 31 I's, no nays the bill is finally passed.

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 3246.

SENATOR ROYCE WEST: Thank you, Mr. President and members. Mr. President and members, I move to suspend the Senate's regular order of business to take up and consider Committee Substitute to House Bill 3246. Members, this is the Pied cleanup bill. For almost 23 years the Pied statute has had relatively few changes, the purpose of House Bill 3246 is to provide much needed updates to the statute. It clarifies the types of improvements cities and counties can undertake through the use of public improvement districts. It updates the financial provisions of citizens and counties, additional flexibility and imposition of Pied assessments and clarifies investment caps on these districts. I move suspension of the regular order of business.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, regular order of business is suspended. Chair lays out on second reading Committee Substitute House Bill 3246. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 3246 relating to public improvement districts designated by a municipality or county.

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

PATSY SPAW: Floor amendment number one by West.

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

SENATOR ROYCE WEST: Thank you, Mr. President. Members, this is the same amendment we offered on House Bill 14 yesterday. This amendment was offered by the office of the attorney general, was used in the bill economic feasibility is broader than the issues -- legal authority issue and repay its obligations. The amendment language brings the rule making provision including the establishment of debt service coverage in line with the current practice of the public finance division.

SENATOR STEVE OGDEN: Is there objection to floor amendment No. 1? Chair hears none, the amendment 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, Committee Substitute to House Bill 3246 passed to third redding. Senator West, you're recognized for a motion.

SENATOR ROYCE WEST: Move to suspend the three day rule.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays constitutional three day rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to House Bill 3246. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 3246 relating to public improvement districts designated by a municipality or county.

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

SENATOR ROYCE WEST: Move final passage of Committee Substitute to House Bill 3246.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: Thirty ayes and one nay, the bill finally passed. Senator Van de Putte is recognized for a motion to suspend the regular order of business on Committee Substitute to House Bill 2738.

SENATOR LETICIA VAN DE PUTTE: Thank you, Mr. President. I move to suspend the regular order of business to take up and consider at this time House Bill 2728. Members, this is a bill by Representative Senfronia Thompson but it has been stripped of everything and only contains right now a cleanup for the lottery commission for the Bingo Act. What is in here are just two things which is the definition of moral turpitude which is lottery commission needs to make sure that the licensees are adhering to the provisions for transferring their license, particularly when somebody passes away that has a license. I know there's been difficulty because of the caption of this that this would be a vehicle, I do not intend to take any amendments, Representative Thompson said that she will concur. There has been no play going on here. All this is cleanup of technical language with regard to the lottery Bingo Act. With that I move suspension of the Senate's regular order of business.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute to House Bill 2728. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 2728 relating to the operation and regulation of charitable bingo.

SENATOR STEVE OGDEN: Senator Van de Putte, you're recognized for a motion.

SENATOR LETICIA VAN DE PUTTE: I move passage of House Bill 2728 to third reading.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, the bill 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: I move suspension of the constitutional three day rule.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: There being 26 ayes and five nays, the constitutional three day rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to House Bill 2728. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 2728 relating to the operation and regulation of charitable bingo.

SENATOR STEVE OGDEN: Senator Van de Putte, you're recognized for a motion.

SENATOR LETICIA VAN DE PUTTE: Thank you. I move final passage of House Bill 2728.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: 26 ayes, five nays, the bill finally passed. Thank you, Senator. Senator Zaffirini is recognized for a motion to suspend the regular order of business on Committee Substitute to House Bill 3708.

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 House Bill 3708 by Representative Hochberg. There will be floor amendments offered, members, by Senator Hinojosa and by Senator Watson. House Bill 3708 relates to the early high school graduation scholarship program and to the funding of certain exemptions of tuition and fees of public institutions of higher education from savings attributable to the program. This bill simply changes the funding mechanism to ensure that it is quite clear that the program is subject to appropriations. It also authorizes the coordinating board to adopt the emergency rules for the administration of the early high school graduation scholarship program if and when necessary. Mr. President, I move suspension.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, the regular order of business is suspended. The Chair lays out on second reading Committee Substitute to House Bill 3708. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 3708 relating to early high school graduation scholarship program.

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

PATSY SPAW: Floor amendment number one by Hinojosa.

SENATOR STEVE OGDEN: Chair recognizes Senator Hinojosa on the amendment.

SENATOR JUAN HINOJOSA: Thank you, Mr. President and members. This amendment is the high school dropout recovery program, it passed the Senate 31 to zero, it came out of public education committee with Senator Shapiro and as you well know, the dropout rate is a very serious problem that we have and this amendment models the program that El Paso school district has in place which is recognized not only statewide but nationwide, inclined to reduce the dropout of high school students. It used to be that they had a dropout rate of percent, now it's less than 5 percent because of the efforts being made by the superintendent and the teachers and I will move adoption.

SENATOR STEVE OGDEN: Senator Zaffirini.

SENATOR JUDITH ZAFFIRINI: It is acceptable to the author, Mr. President.

SENATOR STEVE OGDEN: All right. Senator Hinojosa moves adoption of floor amendment No. 1. It is acceptable to the author. Is there objection? Chair hears none, the amendment is adopted. Senator Zaffirini is recognized for a motion.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. I believe a second floor amendment number is being distributed and it is by Senator Watson.

SENATOR STEVE OGDEN: Okay. We'll wait. We don't have it.

SENATOR KIRK WATSON: It's out.

SENATOR JUDITH ZAFFIRINI: We have it. Mr. President, it's been distributed to the members.

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

PATSY SPAW: Floor amendment number two by Watson.

SENATOR STEVE OGDEN: Senator Watson, you're recognized on floor amendment No. 2.

SENATOR KIRK WATSON: Thank you, Mr. President and members. Amendment No. 2 is Senate Bill 1325 which was passed out of the Senate on the local calendar on April 28th. Senate Bill 1325 would require the Texas prepaid higher education tuition board to develop and implement the Texas save and match program which was el stablished in 2007 in large part to the efforts of Senator Zaffirini to assist qualifying beneficiaries who open a higher education savings plan or purchase a prepaid tuition contract through the state's 529 plans. A similar bill to this Senate Bill 1760 passed last session but was vetoed because of an inadvertent drafting error that would have jeopardized taxable donations to the promised foundation. The problems that led to that veto have been addressed in this bill and now in this floor amendment No. 2. I believe it's acceptable to the author and I move adoption of floor amount No. two.

SENATOR STEVE OGDEN: Senator Zaffirini.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. It is acceptable.

SENATOR STEVE OGDEN: Senator Watson moves adoption of floor amendment No. 2. It is acceptable to the author. Is there objection? Chair hears none, the amendment adopted. Senator Zaffirini, you're recognized for a motion.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. I move passage of House Bill 3708 as amended to third reading.

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

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.

SENATOR STEVE OGDEN: 30 ayes, one nay, the constitutional rule suspended. The Chair lays out on third reading and final passage Committee Substitute to House Bill 3708. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 3708 relating to the early high school graduation scholarship program.

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.

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

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 351.

SENATOR ROYCE WEST: Thank you very much, Mr. President and members. Members, this the expunction bull. The language contained in House Bill 351 is largely similar to two bills that were passed out of the Senate and committee in recent weeks. Senate Bill 161 dealing with wrongfully convicted individuals and also individuals -- Senate Bill 462 which passed the Senate concerning expunction. This particular bill provides for legal representation of exonerees, it instructs the trial court that expunctions must take place no later than 30 days. It requires the court to send to the Department of Public Safety and the Texas Department of Criminal Justice all of the orders related to the expunction. 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 351. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 3351 relating to expunction of records and files related to a person's arrest.

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

PATSY SPAW: Floor amendment No. 1 by West.

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

SENATOR ROYCE WEST: Members, a technical correction that contains language that has been worked out by the defense and prosecution bar. What we wanted to make certain is that sometimes when an individual is arrested for a misdemeanor, let's say a class A misdemeanor, they may have a class C misdemeanor. And if they plead to their class C misdemeanor, then they have a right to decide everything. And to what this says is basically if indeed you have a class C misdemeanor before you get expunction, you got to make certain there are no other offenses pending. And if you have a class B or class A misdemeanor, you have got to make certain there are no felony charges appear that the person has been charged with also. I move suspension -- I move adoption of floor amendment No. 1.

SENATOR STEVE OGDEN: Senator West moves adoption of floor amendment number 1. It's acceptable to the author. Is there objection? Chair hears none, floor amendment No. 1 is adopted. The Chair recognizes Senator West for a motion.

SENATOR ROYCE WEST: Move final passage to third reading.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, bill 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 STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays, constitutional three day rule is suspended. The Chair lays out on third reading and final passage Committee Substitute House Bill 351. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 351 relating to expunction of records and files relating to a person's arrest.

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

SENATOR ROYCE WEST: Mr. President, I move final passage of Committee Substitute House Bill 351.

SENATOR STEVE OGDEN: The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: Senator Fraser, you're recognized for a motion to suspend the regular order of business on House Bill 2133.

SENATOR TROY FRASER: Thank you, members. I would now move to suspend the regular order of business so the Senate can take up and consider House Bill 2133. Members, this is the discouragement bill. This bill gives the public utility commission the authority to (inaudible) inappropriate received revenues resulting from a violation of wholesale electric statutes, rules, protocols and makes it clear that the power abuse in the electric market will not be tolerated. This is a very simple concept. This bill just says that if someone manipulates the market and they inappropriately receive revenues or make money off of this, they -- and they're caught, we're going to make then return the revenue -- inappropriately received revenue, and it will be returned back to the wholesale customer from which came and distributed back to the public. This is the same concept that we passed last year, it died in the last days of the session of the House. If there's no questions, I would now move to suspend the regular order of business so we can take up and consider House Bill 2133.

SENATOR KEVIN ELTIFE: Senator Deuell, for what purpose?

SENATOR BOB DEUELL: Ask the author a question.

SENATOR KEVIN ELTIFE: Senator Fraser yield?

SENATOR TROY FRASER: I would be glad to yield.

SENATOR BOB DEUELL: Thank you, Mr. President. Senator Fraser, you had the same questions that I did and I wanted to ask them so that you can clear up some of the aspects of your bill. People have contacted my office saying that this bill would increase the regulatory authority of the PUC. We definitely need to be suspect of any regulatory expansion, but we also need to be mindful of current rate payers. What are the current remedies for a company that feels it has been defrauded or subject to market power abuse?

SENATOR TROY FRASER: Currently under current law the only thing the commission can do if someone is caught is to fine them. They have no ability to recover the ill gotten gains and give them back to the people they took them from. So they're very limited in what they can do today.

SENATOR BOB DEUELL: Is the only remedy for these cases to go to court?

SENATOR TROY FRASER: Right now if someone has a problem with it, yeah, they would have to go to court. If they go to court obviously there's a cost associated with that and potentially I think probably the next question you'd ask is would that potentially increase rates and I think the answer is you put cost back in the system that there is a cost associated with and yes, it could raise rates.

SENATOR BOB DEUELL: And do you see any possibility that this legislation will disrupt the market or create regulatory uncertainty?

SENATOR TROY FRASER: In no way should it disrupt the market interestingly with the design of the total market and the market monitor we put in place, we've been very -- we have very tight controls and no, this bill should not in any way disrupt the market. It's only intended that ed if someone makes money on an ill gotten gain that they would be discouraged and required to give that money back to the people they took it from.

SENATOR BOB DEUELL: Great. Well. Thank you for your hard work on this bill.

SENATOR TROY FRASER: Thank you.

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

SENATOR KIRK WATSON: Question of the author.

SENATOR KEVIN ELTIFE: Senator Fraser yield?

SENATOR TROY FRASER: I'll be glad to yield.

SENATOR KIRK WATSON: Thank you. I understand we've been through the underlying bill a time or two.

SENATOR TROY FRASER: You saw this issue last year, two years ago.

SENATOR KIRK WATSON: Yeah. So my question is more about amendments before we voted to suspend. What do you know about potential amendments? Are you offering any amendments and what have you agreed to in terms of potential amendments?

SENATOR TROY FRASER: I am offering no amendments and to my knowledge there are --

SENATOR KEVIN ELTIFE: There are no amendments up here.

SENATOR TROY FRASER: There are no amendments. There were several that were discussed, but to my knowledge there are no amendments to this bill as you said.

SENATOR KIRK WATSON: Thank you very much.

SENATOR KEVIN ELTIFE: Thank you, Senator Watson. Senator Fraser has moved suspension of the regular order of business to take up and consider House Bill 2133. Is there objection? Chair hears none, the rules are suspended. The Chair lays out on second reading House Bill 2133. The secretary will read the caption.

PATSY SPAW: House Bill 2133 relating to the Public Utility Commission of Texas' authority to discourage revenue obtained as a result of certain violations.

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

SENATOR TROY FRASER: I would now move passage to engrossment of House Bill 2133.

SENATOR KEVIN ELTIFE: Senator Fraser now moves passage to third reading. Is there objection? Chair hears non, House Bill 2133 is passed to third reading. Senator Fraser is recognized for a motion.

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

SENATOR KEVIN ELTIFE: Senator Seliger, for what purpose?

SENATOR KEL SELIGER: A question addressing legislative intent.

SENATOR KEVIN ELTIFE: Senator Fraser yield?

SENATOR TROY FRASER: I will yield.

SENATOR KEL SELIGER: Thank you, Mr. Chairman. For the purpose of talking about legislative intent on what I think was a carefully crafted bill, is it your understanding that a company may file a mitigation prior to alleged violation and the plan remains confidential the only parties to the proceeding would the filer, the PUC and the independent market monitor?

SENATOR TROY FRASER: Yes, it is.

SENATOR KEL SELIGER: Good, thank you.

SENATOR KEVIN ELTIFE: Thank you, Senator Seliger. Members, Senator Fraser has moved to suspend the constitutional three day rule. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 30 ayes, one nay, the rule is suspended. The Chair lays out on final passage House Bill 2133. The secretary will read the caption.

PATSY SPAW: House Bill 2133 relating to Public Utility Commission of Texas' authority to discourage revenue obtained as a result of certain violations.

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

SENATOR TROY FRASER: Mr. President, I would now move final passage of House Bill 2133.

SENATOR KEVIN ELTIFE: Senator Fraser now moves final passage of House Bill 2133. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 30 ayes, one nay, House Bill 2133 is finally passed. Congratulations, Senator Fraser. Senator Fraser, you're recognized for a motion to suspend the regular order of business on House Bill 3328.

SENATOR TROY FRASER: Mr. President, we're waiting just a second on an amendment that's coming up. So if you don't mind could I wait on that motion?

SENATOR KEVIN ELTIFE: Absolutely, we'll wait on you, Senator Fraser. Senator Fraser's recognized for a motion to suspend the regular order of business on House Bill 3328.

SENATOR TROY FRASER: Mr. President and members, I would move to suspend the regular order of business to take up and consider House Bill 2328 -- 3328. Members, this is the bill I know a lot of y'all remember talking about. This is the hydraulic fracturing bill. House Bill 3328 would make Texas the first state in the nation to require the full mandatory and public disclosure of the chemical ingredients used in hydraulic fracturing treatments on a well to well basis. This bill would require the Railroad Commission to make rules prescribing a process for the disclosure of these chemicals, for the withholding and protection of certain information as trade secrets and for the disclosure of certain information to health care workers and emergency first responders. This bill would have the commission require operators to use this form found on the groundwater protection council and interstate oil and gas chemicals considered potentially toxic or carcinogenic or MSDS which is material safety and data sheet for each well. Operators would also provide the commission with a list of nonore nonMSDS chemicals intentionally used in the hydraulic fracturing treatment. This information to be made publicly available. Mr. President, there is an amendment that I will be laying out that having to do with addressing trade secrets that will be governed by chapter 552 and I would answer any questions if there's any or if not, I move to suspend the regular order of business.

SENATOR KEVIN ELTIFE: Members, Senator Fraser moves suspension of the regular order of business to take up and consider House Bill 3328. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading House Bill 3328. The secretary will read the caption.

PATSY SPAW: House Bill 3328 relating to the disclosure of composition hydraulic fracturing units used to -- used in hydraulic fracturing treatments.

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

PATSY SPAW: Floor amendment No. 1 by Fraser.

SENATOR KEVIN ELTIFE: Senator Fraser to explain the amendment.

SENATOR TROY FRASER: This amendment would make changes that clarify the processes involving trade secrets that are governed by chapter 552 of the government code. Ensure that the owner of the trade secret is notified in the event of a challenge and narrow the definition of those who may challenge a trade secret status to include a relevant department or agency of the state in addition to landowners and adjacent landowners. The amendment also ensures that the process of disclosure for information to health care professionals and emergency responders consistent with Federal Office of Safety and Health Administration or OSHA. The amendment would also require that the commission complete the rule making by July 12, 2012, instead of January.

SENATOR KEVIN ELTIFE: Senator Watson, for what purpose?

SENATOR KIRK WATSON: Question of the author of the amendment.

SENATOR KEVIN ELTIFE: Senator Fraser yield?

SENATOR TROY FRASER: I yield.

SENATOR KIRK WATSON: Thank you, Senator. Help me on the part where you say it narrows who can make a claim and challenge whether or not it's in fact trade secrets.

SENATOR TROY FRASER: The people that would have standing to make a claim under this would be -- I'm sorry, one second, I got to get the amendment and I'll read you exactly what it says, one second.

SENATOR KIRK WATSON: Please.

SENATOR TROY FRASER: It is the landowner, the adjacent landowner or the relative state agency.

SENATOR KIRK WATSON: And where do I find that in the amendment? That's the question.

SENATOR TROY FRASER: Where is it in the amendment?

SENATOR KIRK WATSON: You said that this amendment limits who can make a claim that is not protected by a trade secret status and now, you have told me it's the landowner, adjacent land owner and appropriate state agency and I'm just trying to find, I want to know, I am having difficulty seeing where that is.

SENATOR TROY FRASER: I am sorry, that's in the original bill. The bill itself, the amendment did not change that, I'm sorry. That is in the original bill of who has status. This did not change that.

SENATOR KIRK WATSON: Okay. I heard you say it narrows that, it caused me to -- thank you. Was this amendment discussed in committee? Were the provisions of this amendment discussed in committee?

SENATOR TROY FRASER: No, the provision is something that has been worked through in the last week and a half. It actually was a discussion with us back and forth with the House and it was an amendment that was brought forward. My understanding is that it is an agreed amendment for the House and it was fine with me and I agreed to lay it out.

SENATOR KIRK WATSON: Thank you.

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

SENATOR STEVE OGDEN: Ask the author a question.

SENATOR TROY FRASER: Yes.

SENATOR STEVE OGDEN: I was listening to your explanation of this amendment and would you mind clarifying what the amendment said because I think? in your conversation with Senator Watson some of your description of the amendment had to do with what's in the bill. So could you just go over --

SENATOR TROY FRASER: I am sorry, I am going to put my head phones on, I can't hear anything, there's too many conversations going on.

SENATOR STEVE OGDEN: My question is would you just mind summarizing again your explanation of what this amendment does? And I think what it does is it gives the owner of an added chemical that's a trade secret an ability to respond that somebody's demanding to hand over --

SENATOR TROY FRASER: It's real simple. Any time there's any judgment that has to be made, it goes through the government code which is chapter 552 through the attorney general and that attorney general would make the determination. So if someone that's claiming a trade secret under this act, it would clarify that that would be governed by the government code chapter 552 and they would proceed as we always do on that.

SENATOR STEVE OGDEN: Okay. But -- that what this -- that's what the intent of your amendment is?

SENATOR TROY FRASER: Yes.

SENATOR STEVE OGDEN: Because I don't even see a reference to the government code, it just says the natural resources code.

SENATOR TROY FRASER: The bill itself has the reference to the government code 552. This just clarifies the way it would be governed.

SENATOR STEVE OGDEN: Okay. So it clarifies it in that last line, the protection of trade secrets under this section is governed by chapter 552 the government code?

SENATOR TROY FRASER: Yes, it's the government code and it's already specified in the bill.

SENATOR KEVIN ELTIFE: Thank you, Senator Ogden. Senator Nelson for what purposes?

SENATOR JANE NELSON: Question of the author please.

SENATOR KEVIN ELTIFE: Senator Fraser yield?

SENATOR TROY FRASER: And I apologize and before you start the question, my coauthor on the bill as I was laying it out was Senator Nelson, she did a tremendous amount of work on this, actually had started the process, brought it forward. I thank you for all you have done on this and I would be glad to answer questions.

SENATOR JANE NELSON: Good. And I do thank you for bringing this issue forward. It is very important to all Texans but particularly in our area, I think probably every square inch of my district is sitting on top of Barnett Shell and we have in front of us a bill that I think is -- I don't think there is any other state in the nation that has a disclosure requirement this comprehensive, Senator. That is my understanding, that this will be the strongest, most comprehensive disclosure requirement in the nation.

SENATOR TROY FRASER: We are absolutely breaking ground that no other state has ever done. This will be the most comprehensive disclosure of any state that is -- there's some voluntary disclosures that are happening in some states but we have never had a mandatory disclosure and especially on a well to well, basis. This is going to be landmark legislation in the hydraulic fracturing industry nationwide.

SENATOR JANE NELSON: Well, thank you. I think it's real important. I want to ask you a question specifically about the amendment. What the amendment does is strengthen the trade secret protections for the service companies. I mean, we want to make sure that we are requiring public disclosure of all the chemical ingredients but we also -- and I've sat in on your committee's discussions of this, we want to be sure that we are protecting the trade secrets -- well, I don't know if I want to call them the trade secrets, but I will, the trade secrets of the companies involved while still requiring them to disclose to the public all the chemical ingredients that the public doesn't have access to that information, correct?

SENATOR TROY FRASER: You just described it exactly correctly. There's a balancing act we're doing right here making sure we do a full disclosure of things that are being put in the fracking fluids that are going in the ground to the public has a right to know that. But we're also recognizing the rights of what we call the secret sauce that if someone has a trade secrets that their true trade secret and they want to list that as a trade secret, they would go under chapter 552 of the government code, make an appeal to the attorney general, if they agree with them that it was a trade secret, it did not need to be disclosed, it would be exempted.

SENATOR JANE NELSON: Good. Well, I think this amendment is a good addition to your bill and I really believe this is going to be the template for the entire nation. So I appreciate you and I am happy to be a cosponsor on this legislation.

SENATOR TROY FRASER: And thank you for all your help and the fact that you're taking care of a lot of your constituents up there because I know there's a lot of concern within your area making sure that we are not only doing something good economically for the area but also taking care of the needs of the public.

SENATOR JANE NELSON: Right, thank you, Senator.

SENATOR KEVIN ELTIFE: Senator Davis for what purpose?

SENATOR WENDY DAVIS: To ask the author of the amendment a question please.

SENATOR KEVIN ELTIFE: Senator Fraser yield?

SENATOR TROY FRASER: I will yield.

SENATOR WENDY DAVIS: Thank you, Senator Fraser. As you know this is an issue that I've long had an interest. I believe I filed a bill just like this in your committee actually earlier in the session and I do congratulate you on bringing it forward and it is I think ground breaking. I have a couple of questions though, I'm still a little bit confused about your amendment. When the amendment says the protection and challenge of trade secrets under this section are governed by chapter 552 of the government code. What exactly are the protections that would be made available to those trade secrets under the government code?

SENATOR TROY FRASER: Are you there?

SENATOR WENDY DAVIS: Yes. Do you want me to repeat my question?

SENATOR TROY FRASER: No, I think I know what it is. You're asking what trade secrets could potentially be covered under this the things --

SENATOR WENDY DAVIS: What is the protection made available to the trade secrets under the government code?

SENATOR TROY FRASER: Well, anyone that has something that they believe a trade secret, they would make an appeal to the attorney general under the government code of chapter 552. It's no different than if you had something in your office that members requested in an open records and you didn't believe that that was subject to open records and you wanted to make an appeal that it should not be released, you would make an appeal under government code 552. It's the same process we use for everything in government. If something is a trade secret that is mandated to be released under any government code and somebody wants to make an appeal, they would do that under chapter 552 and this is not unlike we do with everything else.

SENATOR WENDY DAVIS: So this is simply creating the appeals process that would be made available to someone.

SENATOR TROY FRASER: Yes.

SENATOR WENDY DAVIS: Okay. And then a question of the bill itself. The bill is requiring the disclosure if you go to page 27 on -- excuse me, page one line 27 it's requiring the disclosure of the total amount of water that's used as well as each chemical ingredient that's subject to the requirement of 29CFR section 1910.1200G2. What are ingredients that are,

(comma)subject to that requirement? Is that every chemical agreement that's in the fluid or does that limit the disclosure to a certain set of chemical ingredients?

SENATOR TROY FRASER: As you know, the bill as filed as we're discussing today, there's two different categories. There's the MSDS which are the carcinogens that are listed, as you know in the list of carcinogenics, obviously all of those would be and then any other nonMSDS material that is intentionally added to the product would be released unless they're making a claim, a proprietary claim that's their secret sauce and they were making that claim under chapter 552 of the government code.

SENATOR WENDY DAVIS: Okay. So if it were a chemical that's a known carcinogen, then it has to be released. But to the extent that company could say this part of the blend is kind of our secret sauce part of the recipe, they will be able to withhold that from disclosure.

SENATOR TROY FRASER: It is my understanding, yes.

SENATOR WENDY DAVIS: Okay. Thank you, Senator.

SENATOR TROY FRASER: Thank you.

SENATOR KEVIN ELTIFE: Senator Fraser moves adoption of floor amendment No. 1. Members, is there any objection to the adoption of floor amendment No. 1? Hearing none, floor amendment No. 1 is adopted. The following amendment. Secretary please read the amendment.

PATSY SPAW: Floor amendment No. 2 by Hegar.

SENATOR KEVIN ELTIFE: Senator Hegar to explain floor amendment No. 2.

SENATOR GLENN HEGAR: Thank you, Mr. President and members. This amendment deals with an issue that we have worked on in the committee during this process for quite some time here the last few weeks, Senator Fraser, myself, others have been dealing with this issue. We think that this is an extremely important piece of legislation. This is an important piece of legislation that the state of Texas can take really cutting edge -- a proactive approach in trying to deal with hydraulic fracking and we need to be at the lead of that here in the Texas. A couple of things that this amendment -- there's a few things going on currently. There's several studies, University of Texas has a long ongoing study going on right now. We also have the department of energy secretary announcement on 5/5 of this year on the advisory gas and natural gas subcommittee examination of actions to be taken relative to shell gas extraction processes included protocols for transparent and public disclosure of hydraulic fracking. Also the EPA is looking at this issue and one of the things that Senator Fraser had mentioned in laying out the bill also during the committee hearings that what we want to make sure is we get this right. We take all the data, all the information into perspective. If you look at fracking, the bulk of the fluids that are used are not hazardous. All of that has to be taken into account and disclosed. The hazardous materials are to be disclosed. The question what is the proprietary information and all we want to do is simply make sure that we get all the adequate information gathered from the studies, the UT study, EPA, Department of Energy and we do the right things. So this amendment would simply put off the rules in dealing with those confidential items but all hazardous items substantive would be disclosed. It's only the proprietary parts to make sure we get the right amount of information and correct information before we move too quickly and go backwards. And I'll be happy to yield to Senator Fraser anybody else that has any questions.

SENATOR KEVIN ELTIFE: Senator Nelson, do you wish to be recognized?

SENATOR JANE NELSON: Yes. Questions of the author of the amendment.

SENATOR KEVIN ELTIFE: Senator Hegar yield?

SENATOR GLENN HEGAR: Gladly.

SENATOR JANE NELSON: Senator, what are we doing with this amendment?

SENATOR GLENN HEGAR: This amendment, the concern are we moving too quickly on some of the proprietary information. The question is all the hazardous information of the bill, the bill that you laid out in committee that we heard earlier in the year, the bill that we had a second hearing on which Senator Fraser is carrying all the hazardous information going to be disclosed. That's going to be disclosed. The question is are we going to make sure we take into account the right studies, the studies that are going on today. Will the Railroad Commission make sure that we take into account all the proprietary type of information on those specific nonhazardous items and get this right.

SENATOR JANE NELSON: So in essence this is delaying the implementation, is that what it's doing?

SENATOR GLENN HEGAR: It is delaying the implementation of the nonhazardous items specifically in regards to making sure we have all the right information.

SENATOR JANE NELSON: So it's delaying implementation. Doesn't that kind of undermine our whole -- what we're trying to do here and have full disclosure of these?

SENATOR GLENN HEGAR: No. The reason it does not, Senator, is we're taking the lead in the state of Texas. We are taking the lead to make sure we are doing the absolute best and right thing in going the direction, that we make sure we have all the best available information, all the best available technology, all the right decisions can be made. We don't want to be to hasteful that we put proprietary information out there and make sure while studies are on going we make sure we get this right.

SENATOR JANE NELSON: And I haven't discussed this with Senator Fraser at all but I'll tell you I am ready to move full steam ahead in disclosing this information. I don't want to delay implementation and we're not -- you know, we're not asking them to disclose any of their trade secrets. We just want to know the ingredients. We don't want to know how much of everything. I am sure Senator Fraser can address this and maybe he's for this, but as far as I am concerned, I am ready to move steam ahead right now.

SENATOR GLENN HEGAR: And I want to move full steam ahead but I want to make sure we get it right. Because the last thing we need to do is leave this bill at the end of session and have unintended consequences. Because I can tell you myself, the district that I represent, most of the districts that we represent here on the Senate floor oil and gas industry is very important to the districts, it's vital to my district, it's vital to the state of Texas, I think that we have to have a very strong vibrant oil and gas industry in this state. We are leading the charge and we have for several years. What I want to make sure is we continue to lead the charge in the most diligent and prudent manner.

SENATOR JANE NELSON: Well, I appreciate it but I am going to oppose this amendment because I am ready to move full steam ahead.

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

SENATOR KIRK WATSON: Question of the author of the amendment.

SENATOR KEVIN ELTIFE: Senator Hegar yield?

SENATOR GLENN HEGAR: Yes.

SENATOR KIRK WATSON: And you may have covered, this but I want to emphasize this and I tend to agree with Senator Nelson that we ought to move full steam ahead and get this done but let's talk about it. There are two sets of rules that you refer to being created here.

SENATOR GLENN HEGAR: Correct.

SENATOR KIRK WATSON: And what this is about, I want to make sure I understand the bill, what would happen is everything would have to be reported to the agency and then the question on the rules that you're dealing with is what would be the rules for when the agency would then disclose what was reported to it. So am I clear that your amendment would not prevent or not delay any requirement that MSDS, carcinogens, toxics and also what we have been referring to as the secret sauce, all of that would still have to be reported under the bill.

SENATOR GLENN HEGAR: We want information to be reported and we want to move forward. I want us to move forward. I don't want us to delay two years to do nothing. I don't think that's acceptable for the people of the state of Texas.

SENATOR KIRK WATSON: Right. Everything has to be reported and then what your amendment would do is it would say here's the time line on the creation of the rules for when the agency would need to disclose whatever has been reported; is that right?

SENATOR GLENN HEGAR: That's correct, to make sure we get everything right.

SENATOR KIRK WATSON: And you break it down into two parts as I understand it.

SENATOR GLENN HEGAR: Yes.

SENATOR KIRK WATSON: One part is that rules would need to be promulgated not later than September 1 of 2012 so basically a year, basically a year and I want to make sure I know what falls in that category. What falls in that category are things that are generally referred to that you would find on the material safety data sheet MSDS; is that right?

SENATOR GLENN HEGAR: Yes, that's correct.

SENATOR KIRK WATSON: And to make that simple those are two types of things. Those are things that are known to be carcinogenic and those are things that are known to be toxic.

SENATOR GLENN HEGAR: Absolutely. We want those things to be fully disclosed.

SENATOR KIRK WATSON: And then what you have done in the second part of the amendment is you have said that you give another year for all of those things that are not carcinogenic, not toxic or would not normally be thought of for the material on the data heat.

SENATOR GLENN HEGAR: To make sure that we have all the time to get the best available information gathered.

SENATOR KIRK WATSON: And that's what -- so.

SENATOR GLENN HEGAR: To me it's a reasonable step process.

SENATOR KIRK WATSON: So for clarity of legislative intent, you even with this amendment don't want any slowdown as it relates to toxics and carcinogens?

SENATOR GLENN HEGAR: That's correct. All the MSDS as they say, chemicals would be disclosed. We want all of that information to be put on the public website.

SENATOR KIRK WATSON: Tell me why then -- why would we even wait until September -- September of 2012? The current bill has I think a requirement and I may be misreading this and help me if I am, a requirement that the rules shall be adopted not later than January 1, 2012. Why are we delaying that for carcinogens and toxics to September? Why would we do that?

SENATOR GLENN HEGAR: I think what we want to make sure we do is take a step by step approach. We do just like you're trying to climb a ladder, like you're trying to climb a flight of stairs. You want to make sure you go up the first step before you go up the second step or the third step. And the thing is I believe fully we need to pass this legislation, we need to move forward but I want to make certain that we take each step at a time and we're doing the right thing and we're making sure the Railroad Commission can implement this process in the most diligent and dutiful manner.

SENATOR KIRK WATSON: I get that, but the bill that was drafted and the bill that we have in front of us and it went through committee and was adopted by the committee aid that the Railroad Commission would adopt rules by January 1 of 2012 because we are, in fact, dealing after all with carcinogenic material and toxics and what you want to do even on that part is delay it until September.

SENATOR GLENN HEGAR: I want to make sure that we have all the right information that we get the current studies that are on going, like I mentioned with UT, the EPA, the DOE that we're able to get all the data correctly, that we know all the parts that we are putting out there for the public, we're making a bold statement today that we want the public to have this information, we want the data collected, we want railroad commission to have the data and we want to make sure that we do it in the right and most dutiful manner that we don't over step our boundaries and do harm and injury to the Texas.

SENATOR KIRK WATSON: Was your amendment bedded through the committee?

SENATOR GLENN HEGAR: We have been working with Senator Fraser, his committee and many other members to try to make sure that we put this in the right places to get this right but unfortunately in the time -- unfortunately in the time line at this late hour in the legislative session I think we had the bill referred over here last week so we have been on an expedited time line to make the circle to get it back to the House of Representatives which I think we need to do. But unfortunately we haven't had the opportunity of all session to work on all of this.

SENATOR KIRK WATSON: My concern is -- and I understand the time lines, I understand all that, but my concern is that as we stand here today, we're talking about delaying not just what you would call the secret sauce, the noncarcinogenic, the nontoxic all the way until September of 2012 but you're talking about delaying the disclosure of carcinogens and the toxins beyond what the current bill does.

SENATOR GLENN HEGAR: We want -- I just want to make sure that we get this right Senator and I want to make sure that we're -- under current -- our failure to pass this bill means that none of that information gets put out. So if we do nothing, the public doesn't know.

SENATOR KIRK WATSON: I think you and I completely agree on passage.

SENATOR GLENN HEGAR: To me that is not acceptable, so the question is let's make sure we move full steam ahead. But let's make sure we move full steam ahead in the most reasonable and prudent manner that we are not missing the mark in any shape, form or fashion.

SENATOR KIRK WATSON: Well, as you might guess it causes me a little bit of pause of why we agree that we want full disclosure and both of us will stand here and talk about full disclosure and you're the one offering amendments that put off that.

SENATOR GLENN HEGAR: That is correct. But if we don't pass legislation then that disclosure does not happen. By passing legislation with or without this amendment we are making sure that we will have this closure. I think the question boils down to how quick that disclosure and how do we make sure the agency which has not had this ability in any state form or fashion, we're cutting edge, Texas is leading the world in this. We want to make sure that as leaders in this industry in Texas and in the nation and the world we're get thing right. I want to make sure that people can look at Texas and we've been proud and we want to do exactly what they did.

SENATOR KIRK WATSON: And again, there's not disagreement that we want full disclosure and we need to pass the bill, the disagreement is that while you're standing there saying that's what you want is full disclosure you're also putting off disclosure not just of the so-called secret sauce but you're putting off disclosure of even carcinogenic and toxic material and I tend to agree with Senator Nelson that if we're going to have the cutting edge, we need to start cutting because we need people to have that full disclosure and we hant water this down by trying to delay -- on one hand acing that what we want full disclosure and on the other hand --

SENATOR GLENN HEGAR: But when we leave that charge --

SENATOR KIRK WATSON: Let me finish. On the one hand saying we want full disclosure but on the ore hand saying we want to delay that disclosure as long as we might be able to get away with.

SENATOR GLENN HEGAR: No, I don't think so in any shape, form or fashion, Senator. What I think is if we want to lead the cutting edge, if we want to lead the charge, the question is how do we get there. Do we ride a horse and buggy? Do we ride a bicycle? Do we ride a race car? How to we get there? Do we take the path that gets us there and we look back in five or ten, and 20 years that we know we did the right thing.

SENATOR KIRK WATSON: Thank you, Mr. President.

SENATOR KEVIN ELTIFE: Senator Davis for what purpose?

SENATOR WENDY DAVIS: Ask questions of the author of the amendment.

SENATOR GLENN HEGAR: Yes.

SENATOR WENDY DAVIS: Thank you senator Hegar. May questions are in line with those of Senator Nelson and Senator Watson are asking you. Do you know how long the hydraulic fracturing activity has been occurring in the district that I have the privilege of representing?

SENATOR GLENN HEGAR: I think you would answer that for me if I keep letting you mention that.

SENATOR WENDY DAVIS: It's over ten years now and these communities that I represent, that Senator Nelson represents, they've had a collective concern about this fracturing fluid ever since the drilling began as you can imagine and I think what they would say to us is we have been riding a horse and buggy in terms of moving forward with the process that we're talking about that would be provided under this bill. I wonder why it's going to take so long to get it right, as you're saying, because as I read it, there's really very little that's required. The commission has to create a rule that will require an operator to complete a form and post on an internet website two things. They would have to include the total volume of water that they're using in the hydraulic fracturing treatment and each chemical ingredients that subject to the requirements of 29CFR section 1910.1200(g)(2). A very specified list of chemicals that's already been created. It's not like we're asking the Railroad Commission to sit down and determine which chemical should be disclosed and therefore they need a lot of time to figure out what they need to be asking for and it's not like we're asking them to come up with a complex process in terms of the clash of that information. We're asking something very simple. Register on a form that will be posted on the internet. Two things, the volume of water and the chemicals that are already listed in the section. So why is it going to take until September 2012 when our communities were asking for this information rightly so, when they've been asking for it for over ten years, why in the world would we tell them that they have to wait until September 2012 to create a rule to do this very simple thing?

SENATOR GLENN HEGAR: One of the things that this bill which I think is very important is one of the largest rule making the railroad has ever done. The largest. First time. First one in the U.S. history to move in this direction and to answer your question, taking ten years, we've done nothing for ten years which I think is part of your point and to therefore we're standing right here at this moment and time right where we're at and we've never done anything before. This is the largest rule making Railroad Commission will ever have undergone, and so as we move forward from the ten years looking back, do we want to make sure as we step forward they get this right. I think your constituents want this right because as you've mentioned they have been asking for this for ten years, as you said in the district that I represent fracking is really just becoming a big part of the industry. Part of the economic activity that's on going and so it's really important to my district that when we give an agency which I don't know if you realize, I've been a little critical of this session, I've been a little critical of them over the last year and a half that I have not necessarily had the faith and confidence that I think a member of the legislature should have in a state agency. I think that the agency has been a little bit in -- not necessarily the staff but I think the direction that they've had hasn't been what I think is the best and I've been trying to make sure that we make necessary reforms and changes to have accountability. And so as we move forward, do I want to make sure that we get this right with the largest rule making in history? Yes. Do I want to make sure we get this right as we move forward as the cutting edge to use Senator Watson's term, yes. Move full steam as Senator Nelson said? Yes. But in doing that we have to be the model and sometimes just grabbing a whole bunch of things and putting them together in the pile even though it may seem simplistic to me or you, I know things are always more complicated than they look at first blush and so I wanted to make sure that we get it right. That's all. I've been trying to work really hard this session and you have been a very big supporter and I appreciate your encouragement in trying to make sure we move the Railroad Commission in the right direction and I thank you for that. You have been and I can't tell you how much I appreciate that and your friendship and support on that. I want to make sure that this agency gets it right for your constituent and my constituents and really for the leadership of the state of Texas and in doing that if we're talking about pausing while we get studies and the data and information correct, maybe it's a difference of opinion but I think that's the most prudent path. Because we're not saying don't do this, that's not what I'm saying, I am not saying don't do this for ten or 15 or 20 years until my kids become adults, I am simply saying let's make sure we get this right. That's all I'm trying to do, Senator.

SENATOR WENDY DAVIS: And I appreciate that, Senator Hegar. You know, I do very much appreciate the leadership you've shown on improving the Railroad Commission and its processes through the sunset committee process this session and you are to be applauded for what I think has been incredible hard work and leadership on that but I will close by saying I can't support your amendment. I do think that our communities have waited far too long to learn about this information and I understand what you're saying about the fact that this is ground breaking, this is new. But because it's new it doesn't mean it's rocket science. Again, the only thing that's going to be required to be immediately disclosed is the volume of water and chemical ingredient list that's already in existence because they are known carcinogens. In the time period between now and September 12, thousands of new wells will be drilled in the Barnett Shell and none of those will have as an opportunity for the public the ability for them to ask about the fracturing fluids that's being used. I do think there's going to be some complexity, no question about it when it comes to the issue of trade secrets and the secret sauce and what the rules are going to be in terms of disclosure but for this piece of it, it's simple. It's water and a predefined ingredient list and I don't think that it creates a sufficient reason for us to wait until September 12, 2012 for its enactment. Thank you.

SENATOR GLENN HEGAR: Thank you, Senator. And I just want to make sure all the members realize the amendment just says not later than. That doesn't mean that they can't do it quicker. Not later than. Not later than X date. You shall, you have, you must. If all the right information is gathered as you said, if it's simply information provided and it's right there, then they can do this literally if they have the power, the ability, the rule making the next day. This doesn't prevent them from doing it the next day after the rule making but what it does say is not later than and which would take effect and so it doesn't mandate a delay. It simply provides an opportunity and a flexibility for an agency that I've been critical of to get it right.

SENATOR KEVIN ELTIFE: Senator Seliger for what purpose?

SENATOR KEL SELIGER: Questions of the author of the amendment.

SENATOR GLENN HEGAR: Yes, happy to yield, Senator.

SENATOR KEL SELIGER: Thank you, Senator Hegar. I think it's important for people to realize that things like fracturing and (inaudible) have been going on in the oil field for a long, long time but you said a statement with Senator Nelson that was particularly important because you were talking about a full and open disclosure and it's why this amendment I think works particularly well, but one would establish the fact that the UT Energy Institute study, isn't it true they should be complete by the end of 2011, the end of this year?

SENATOR GLENN HEGAR: Yes, sir, that's correct.

SENATOR KEL SELIGER: And I know it's a 300,000-dollar study that's supposed to promote a fact based approach to those qualities but then there's also the EPA study.

SENATOR GLENN HEGAR: That is correct.

SENATOR KEL SELIGER: And that study initiated by congress and am I correct in saying that that is due by the end of 2012, beginning of 2013.

SENATOR GLENN HEGAR: That is correct, Senator. Those studies are on going now and will be quickly finished up very quickly.

SENATOR KEL SELIGER: So that being the case that those two studies that are supposed to be done by the time that this particular study goes into effect that you're talking about, isn't that what ensures that this delay in your amendment makes the result of its work product a more definitive one and an open and clear one because it will also have all the information available from both the EPA and UT studies.

SENATOR GLENN HEGAR: Everything that you said is correct. This is not mandating the delay, it's giving the opportunity make sure that the data and information from these studies come. It's no different than mine and your constituents expect us to do our due diligence before we come to the Senate floor and actually vote on their behalf and represent them. And I want to make sure in representing everybody in this state, we have that correct information.

SENATOR KEL SELIGER: I appreciate your clarification. Thank you.

SENATOR KEVIN ELTIFE: Senator Hegar moves adoption of floor amendment No. 2. Senator Fraser on floor amendment No. 2.

SENATOR TROY FRASER: Members, the amendment that's laid out here I am going to be accepting this amendment and I think Senator Hegar has recognized a kind of a flaw in the direction we're going. The process was dropped in our lap less than two weeks ago and with a huge issue like this, I'm very comfortable moving forward with the carcinogenic, the MSDS but I think he's recognized that the trade secret part of it that if there is a delay and a study done on it and we wait for the EPA rules I think he's identified with it. It is acceptable and should be done. The amendment is acceptable and I would ask members to support Senator Hegar on this amendment.

SENATOR GLENN HEGAR: Thank you, Senator Fraser.

SENATOR KEVIN ELTIFE: Senator Williams do you wish to be recognized?

SENATOR TOMMY WILLIAMS: Yeah, I wanted to ask Senator Fraser a couple of questions here. Help me understand now, did -- I think that you've just offered a complete floor substitute when you brought your amendment out? Am I right? I'm just trying to get caught up with you, I've been doing more than one thing here.

SENATOR TROY FRASER: No, this is the bill that --

SENATOR TOMMY WILLIAMS: Not this amendment, the first amendment or did you bring a committee substitute that --

SENATOR TROY FRASER: No, the bill that was laid out was the bill that came over from the House. We picked it up and the bill that was sent from the House, we passed out of committee. In the meantime we were working on a concern on trade secret and this amendment actually was brought over by Chairman Keffer from the House of the amendment that I laid out and it was an amendment that he laid out, I looked at it, I freed with it and I agreed to put it on the bill and he said it would be acceptable to him coming back. So this amendment No. 1 that we put on the bill. The bill was the House bill. Amendment No. 1 was one that we worked on, we agreed on, I laid it out and it specified how things would be treated under chapter 552 of the government code. So the bill was no -- is not a committee substitute. It was the House bill that came over.

SENATOR TOMMY WILLIAMS: All right. And so why was this not included in that first amendment then in I am just curious. Why are you keeping these two if you made a bunch of modification to the House bill that came over, what I am trying to determine is where does this fit in the pug picture with the bill that it came over from the House? Would you help me in.

SENATOR TROY FRASER: Well, again let me explain one more time. The bill that came over from the House we passed that out of committee. We sent that over to the floor, there was an amendment having to do with the trade secret portion and the way it would be treated under section 552 that was brought forward by some of the supply companies that asked for that. Senator Keffer (sic) I think agreed to it. He brought it to me. I agreed it should be put in and that was amendment No. 1.

SENATOR TOMMY WILLIAMS: And that's been adopted already?

SENATOR TROY FRASER: It has been adopted. The amendment --

SENATOR TOMMY WILLIAMS: Did that address the trade secret issue in the first amendment?

SENATOR TROY FRASER: It addressed the mechanism for if there is an appeal of a proprietary information how that would be treated under 552 of the government code.

SENATOR TOMMY WILLIAMS: Okay. And so this amendment would delay -- further delay the disclosure of this proprietary materials that are included in the fluid; is that correct?

SENATOR TROY FRASER: There are two different type of materials that are being included in the materials, that's the MSDS which are the carcinogenics as I understand the amendment that's being laid out by Senator Hegar they would be disclosed and they would be on the well by well, requirement that they would be disclosed. The other noncarcinogenic, the nonMSDS material it would be -- we would be waiting to implement the disclosure of the of that material until I believe it is 2012 -- September 1.

SENATOR TOMMY WILLIAMS: September 1, 2013 is what --

SENATOR TROY FRASER: 2013 and that would allow --

SENATOR TOMMY WILLIAMS: That's the rules under paragraph E and those are the proprietary materials --

SENATOR TROY FRASER: And what we are doing there is none of the rules have come down from EPA on this from the disclosure. They're fang to be coming with that. That will allow for a study of this that way it would be released. We would look at the EPA rules and then would be a recommendation of the legislature when we come back in the next time.

SENATOR TOMMY WILLIAMS: Okay, thank you.

SENATOR KEVIN ELTIFE: Senator Shapiro for what purpose?

SENATOR FLORENCE SHAPIRO: To ask the author of the amendment a question.

SENATOR KEVIN ELTIFE: Senator Hegar yield?

SENATOR GLENN HEGAR: Yes.

SENATOR FLORENCE SHAPIRO: Senator Hegar I have been watching as this process has unfolded, not just today but the whole process of the procedures that we put together since it was relevant particularly in north Texas and has been a major issue, as you heard from Senator Davis and certainly heard from Senator Nelson. My concern is with this finely crafted document that we just heard from Senator Nelson and Senator Fraser was going to be a model for the nation, the best fracking -- hydraulic fracking bill in the nation, why would we want to wait two years for portions of it to go into effect?

SENATOR TROY FRASER: And again, the amendment is not a mandatory wait any date. All it says is instead of you shall kick in and start on this state it has to start by another one. That doesn't mean that they can't start. The question is, is there a release valve to ensure whether it's a simplistic amount of data that is collected or a very complicated system of data. I can't say how complex that is. But I would say this, not everyone is in 100 percent agreement in no shape form or fashion. So when I talk about wanting to make sure we have the model legislation that we can be proud, we want to make sure that they do it as soon as practical which is the amendment would allow. They go through the rules and if they have it all right they can. But at the same time do we give a release valve that if there's some uncertainty and questionability we can make sure we get it right so there can be a model.

SENATOR FLORENCE SHAPIRO: I think if you put a release valve, what you're saying is you're not sure it is the model and what you're saying to all the parties --

SENATOR GLENN HEGAR: I wouldn't disagree with that.

SENATOR FLORENCE SHAPIRO: All the parties concerned here we thing we have the model but we're not real sure so let's just wait a while to make sure. I don't believe that that's going to make a difference. I believe if in fact it is what we say it is and I have no reason to think that it's not from the everything that we've been talking about. Let's put it into practice. Let's make it a reality and let's not be wishy washy on whether we think or think not. I happen to agree strongly that this is a measure that is going to be the model. I happen to agree strongly that we are going to be looked upon as those that are putting this in place and short of a two year delay, I believe that your amendment sends the wrong message.

SENATOR GLENN HEGAR: A two year delay would be doing nothing until we get in session next year. That would be (inaudible). That's a guaranteed two year delay. What I am asking is not a guaranteed delay. All I am asking is give us a chance to be the model. Give us the chance to get it right.

SENATOR FLORENCE SHAPIRO: And I say we're going to do that by putting it into place now. Thank you.

SENATOR GLENN HEGAR: Thank you.

SENATOR KEVIN ELTIFE: Senator Watson for what purpose?

SENATOR KIRK WATSON: I was going to ask another question of Senator Hegar.

SENATOR KEVIN ELTIFE: Senator Hegar yield?

SENATOR GLENN HEGAR: Gladly.

SENATOR KIRK WATSON: Senator Hegar, there has been some industry that has also worked on that bill, correct?

SENATOR GLENN HEGAR: I think there's been a lot of industries that have worked on that bill.

SENATOR KIRK WATSON: Right. And it's come to a consensus; is that correct?

SENATOR GLENN HEGAR: Some have come to a consensus and some have not and even during the testimony in the committee hearing, I saw several that had questions that were asked of them that were some what in a crawfish mode. Didn't really want to give the direct answer.

SENATOR KIRK WATSON: Thank you Mr. President.

SENATOR KEVIN ELTIFE: Thank you, Senator Watson. Members, Senator Hegar has moved adoption of floor amendment No. 2. It is acceptable to Fraser. The secretary will call the roll.

SENATOR KEVIN ELTIFE: Nine ayes, 21 nays, the motion to adopt floor amendment No. 2 fails. The following amendment. Secretary please read the amendment.

PATSY SPAW: Floor amendment No. 3 by Davis.

SENATOR KEVIN ELTIFE: Senator Davis to explain the amendment.

SENATOR WENDY DAVIS: Thank you Mr. President. Again as many of the members know, several of us here on the floor represent districts that have been a part of the Barnett Shell drilling activity for a number of years and have worked very hard to try to make sure that the ambulance is struck in the right place for promoting this incredible economic development tool while also assuring that it's been demonstrate a safe manner as possible and to much of that about information. Making sure the balance is struck in the right place is about information. This amendment requires the commission, the Railroad Commission to establish an advisory committee to study and evaluate hydraulic fracturing activities in the state. The committee would study and evaluate several things, the methods and technology used In hydraulic fracturing, the benefits in hydraulic fracturing, the long-term and shorter term risk associated with hydraulic fracturing, the effect of hydraulic fracturing on the surrounding area's water apply if any, the use of water recycling in the activities and this is something that Senator Fraser and I have talked about our common concern about water usage the amount of water usage in hydraulic fracturing and trying to promote water recycling. Methods to minimize water recycling for hydraulic fracturing and also how the mission could most effectively regulate those activities. The committee would have stake holders appointed to it from environmental organizations, from the oil and gas tri, from higher education institutions that are experience and knowledge in hydraulic fracturing and a representative from a community where hydraulic fracturing occurs as well as a -- oh Inc. I am doing the wrong one. I am doing the wrong one, I am sorry.

SENATOR KEVIN ELTIFE: Senator Davis.

SENATOR WENDY DAVIS: That's for another one.

SENATOR KEVIN ELTIFE: Do you have the one that we handed out?

SENATOR WENDY DAVIS: I do see the one that you handed out. I'm sorry.

SENATOR KEVIN ELTIFE: On page six -- 09012 hydraulic rate --

SENATOR WENDY DAVIS: I apologize, members.

SENATOR KEVIN ELTIFE: It's all right.

SENATOR WENDY DAVIS: The amendment that we're looking at actually calls for a tracer feasibility study and rule making authority on the use of a tracer. What this would require is for the Railroad Commission to conduct a feasibility study on the use of a tracer substance in hydraulic fracture fluid. The goal would be to search for a suitable tracer substance technology that would sustain the harsh fracture requirement and would leave a unique identifiable imprint that would correlate to unique drilling operate or user. The purpose for using a tracer of course is twofold. One to create an absolute defense for an industry member who might have a claim made against them that their technology, their fluid had somehow impacted negatively machine's groundwater supply. It also though would be very helpful and protective for a person who's making such a claim to determine without question who may have caused harm to their groundwater supply if that harm has occurred. After a study has been completed by the Railroad Commission and a tracer technology identified, the Railroad Commission would adopt new rules requiring well operates to implement the tracer technology and substance in the fracturing process. The tracer would identify a specific well operator and not endanger the public health. If the commission fails to identify a feasible tracer option, the Railroad Commission might encourage the development of the necessary technology. There's no requirement that they do so. Mr. President I would move adoption of floor amendment No. 3.

SENATOR KEVIN ELTIFE: Senator Fraser on floor amendment No. 3. Senator Ogden for what purpose?

SENATOR STEVE OGDEN: To ask the author a question.

SENATOR KEVIN ELTIFE: Senator Davis yield?

SENATOR WENDY DAVIS: Yes I do.

SENATOR STEVE OGDEN: Senator Davis. Did -- when you're talking about a tracer type substance, can you be more specific?

SENATOR WENDY DAVIS: Sure. And what this intends to do to determine whether such a substance is feasible, Senator Ogden. What the tracer would do would be like a DNA for a particular fluid so that if I am company A I would have a particular tracer added to my fluid that would be determinative that it was my fluid that might have polluted someone's ground water and really the situation that we find ourselves in, in the Barnett Shell we have had instances where property owners have claimed they've had damage to them. And the companies have defended and said, no, I didn't do that and it's really just to create a tracer that would identify that. It's as supportive of being able to defend oneself in the industry as it is protective of the person who might make out such a claim.

SENATOR STEVE OGDEN: You are aware that the industry does use this type of substances, aren't you?

SENATOR WENDY DAVIS: Well, the interesting thing, Senator, what I've been told by the industry, depending on who you talk t,o and I have a lot of friends in this industry because this is a very obviously active and important part of the economy in the city of Fort Worth and the surrounding area. My friends will tell me that this is possible but that in their fluids today they don't use such a tracer. I had also filed a bill that just out right required the use of a tracer, didn't get a hearing on that bill --

SENATOR STEVE OGDEN: Well, here's where I'm headed, the industry already uses tracers and they're radioactive. The way we use tracers that I am familiar with in the industry is to find if one well that may be an injection well, if the fluid is being injected, it's coming out of another well with the same exact question you had and what they do is they use radioactive nucleides, so basically you inject it into the injection well and then you go take a sample with the Geiger counter and see if the tracer has made it to your production well. I don't think you want to be using radioactive tracers to find out if hydraulic fluids may have somehow contaminated the fresh water zones because they are -- the tracer itself is hazardous to human health. So I'm not sure the way this amendment would work is the way you would intend it because the only tracers that I know of that are in use of oil fields are radioactive.

SENATOR WENDY DAVIS: Well, you raise a very legitimate point and it's why we've written the amendment as we've written it. If you notice on line 23 we say that rules adopted under this section may specify the type of tracer substance a person is required to use in performing a hydraulic fracturing treatment operation such as an isotope tracer or a color tracer provided that and if you turn to the next page the commission has to determine that the use of the tracer substance in a hydraulic fracturing treatment operation will not endanger the public health. It's specifically asking the commission --

SENATOR STEVE OGDEN: I mean you could do that. I mean does an X ray endanger the public health? I mean you could argue all day long.

SENATOR WENDY DAVIS: Well, what we would be doing Senator is giving the commission the opportunity to determine whether such a tracing marker could be used that's safe and that does identify the fluid and I don't know -- I don't understand why we would resist in any way asking for the commission to determine whether the feasibility of doing this in a way that is safe for the public exists. I think it's perfectly reasonable for people who have this concern to ask if the defense is given and it is given -- the defense that's given that's not my fluid, I didn't do that, I know your groundwater's contaminated but it's not contaminated by virtue of anything that I did and we got property owners out there that I think are making very legitimate claims and raising legitimate concerns about the fact that they may actually have been impacted by the drilling process and the fracking fluid that's used and the contamination of their groundwater but because there's no ability really to I've it its left this horrible area where a claimant real can't make out a claim and unfortunately for the industry it doesn't prief them with an absolute defense. So I don't understand why we wouldn't want the Railroad Commission to at least ask and conduct a study about whether it's feasible to do something like this. I am not asking that they jump right in and require it, I am only asking that they would put a study together with a panel of people from a number of perspectives that would look to determine whether this is feasible.

SENATOR STEVE OGDEN: Yeah, and I understand you're describing the problem, but what I am trying to tell you is this solution won't work. An isotope tracer is radioactive. You put it right here such as an isotope tracer, all isotope tracer --

SENATOR WENDY DAVIS: Or a colored tracer.

SENATOR STEVE OGDEN: Well, isotope tracers that I know of are radioactive and so I don't know if that's what you want to be tracing your fresh water supplies with.

SENATOR WENDY DAVIS: Well I think the whole point Senator is that you or I really, probably I know you're in this industry, I know you know a lot more about it than any of us on the floor. I also think though new technology is being developed every day. This is -- new technology is the reason we're drilling in the Barnett Shell. New technologies are being created every day, and if there's an opportunity and the commission would look into the opportunity to create such a technology for this purpose, I think it's incumbent upon us to --

SENATOR STEVE OGDEN: It's up to the author but I would suggest if that's your intent, you need to rewrite this amendment to see if it's possible to -- and you know I guess the Railroad Commission can look at it to come up with some tracer that's not more dangerous to the public health than the fluids you're trying to trace.

SENATOR WENDY DAVIS: And Senator I believe that's what this amendment says, it says the commission shall conduct a study on the feasible of requiring a tracer and it also says that the commission shall determine that the use of tracer substance will not endanger the public health. It specifically states that and if the commission comes back and says there is no possibility of finding a tracer that doesn't find harm to public health, then we have our answer because it provides them the opportunity to say no, there is no such thing and it provides specifically to look at whether there would be any endangerment of public health by virtue of the use of a tracer.

SENATOR STEVE OGDEN: Well, I guess we keep repeating ourselves but I do not think this amendment as drafted can possibly accomplish your goal. That's why I brought it up. Now, the second thing I want to talk to you about. The issue of did frack job affect my well. You know and it's a given that these zones contain hydrocarbons. The reason they're fracking them is because they're trying to release the oil or the gas that's trapped in the rock. The best tracer is do you have oil and gas in your fresh water zone and it's not posed to be there because in my opinion once you fracking a well and if for example the fracking job leeks, to will the oil and gas and so at least the way I think of it is the only person that would possibly have a legitimate claim on the fact that this fracking job contaminated my fresh water well or contaminated my fresh water zone, is if after the frack job there was discovery of oil and gas in the zone or saltwater because they are far more abundant in these formations than any of these frack fluids and so I am not sure I quite understand why people who are concerned about this aren't looking at the most obvious answer which is look, before you guys came out here, there was no gas or oil in my water well and now there is, that is obviously a problem or there was no saltwater in my water well and now there is. Those are the tracers. These exotic chemicals that are radioactive will not work, Senator.

SENATOR WENDY DAVIS: Senator Ogden, I can only tell you what's happening in the Barnett Shell. A very dense drilling operation by a multitude of companies and it isn't unfortunately sufficient for a property owner to be able to show that they have saltwater in their water or they have some oil and gas residue or substance in their water because many people who are experiencing these problems have drill sites going on all around them. Not used by one company but by many companies and that's where the route comes. It's not that the property owner can't demonstrate that they've got contamination in their water, it's that they can't point to the particular company that's done it and it's too easy right now for the companies to point fingers at each other and say he did it, no, he did it and meanwhile the property owner who's been harmed is left in the middle without any ability to prove a cause of action. What this would do is create a specific marker for each operator.

SENATOR STEVE OGDEN: I disagree with that. I am in the business and if I have a well that waters out or I have a well that somehow changes its performance because of what somebody did around me, I can prove it. I know I can. And so I don't agree with that contention. The science and the engineering is sufficient that if you have a legitimate problem you ought to be able to prove where it came from.

SENATOR WENDY DAVIS: Well, I am just telling you there are cases going on in the Barnett Shell arena right now and I wish it were as simple as you are characterizing it to be but it absolutely is not and the property owners who have the monsterable pollution of their water wells are having a very difficult time demonstrating and pinpointing the responsible party because there really isn't any specific and unique way to identify right now.

SENATOR STEVE OGDEN: Here's what I would request because I am not involved in the Barnett Shell. Give me an example. I would like to see an example that you've described and I would have liked to look at it for myself to see if I agree with that contention that you can't prove who did it and --

SENATOR WENDY DAVIS: I'd be happy to do that.

SENATOR STEVE OGDEN: And if it turns out that you're right, then I may modify my opinion but at least in my experience the best tracer is oil, gas or saltwater and yes you can tell who did it if it's -- if you have the resources to do it, and maybe the issue is these people don't have the resources to really do it, to really find out but it can be determined.

SENATOR WENDY DAVIS: I move adoption.

SENATOR KEVIN ELTIFE: Thank you, Senator Ogden. Senator Davis moves adoption of floor amendment No. 3. Senator Fraser on floor amendment No. 3.

SENATOR TROY FRASER: Thank you, Mr. President. Senator I recognize and appreciate your interest and your -- the interest in this issue but I have to agree with Senator Ogden that the concept you're laying out not only doesn't work in the thought of putting another problem material radioactive down in the hole wouldn't be a good thought and plus the fact that with the information that we're going to be releasing from the products that are being put in actually makes it better information than what we get from this. I would move to table the amendment No. 3.

SENATOR KEVIN ELTIFE: Senator Davis to close.

SENATOR WENDY DAVIS: Thank you, Mr. President. Again there's nothing in this amendment that's requiring the use of radioactive or other harmful material and in fact just the opposite. This amendment isn't asking that any particular amendment be used, instead it asks for the Railroad Commission to conduct a feasibility study on whether the use of such a tracer substance is feasible. That's it. It's asking for a study. Is it feasible to do this. I move adoption -- I'm sorry. I would ask for a no vote on the motion to table floor amendment number three.

SENATOR KEVIN ELTIFE: Thank you, Senator Davis. Members the motion to table is by Fraser on floor amendment number three. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 20 ayes, ten nays, the motion to table prevails. Mr. Doorkeeper.

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

SENATOR KEVIN ELTIFE: Admit the messenger.

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

SENATOR KEVIN ELTIFE: Thank you, Mr. Messenger and thank you for your patience. The following amendment. Secretary read the amendment.

PATSY SPAW: Floor amendment No. 4 by Davis.

SENATOR KEVIN ELTIFE: Senator Davis explain floor amendment No. 4.

SENATOR WENDY DAVIS: Thank you, Mr. President. This is actually the amendment that I began describing earlier. Creating a fracturing advising committee. It would be established by the Railroad Commission to study and evaluates the methods and technologies used in hydraulic fracturing, the benefits of hydraulic fracturing, long term and short-term risk associated with hydraulic fracturing, the effect of hydraulic fracturing on the surrounding water supply, the use of water recycling in the activities, methods to minimize water use for hydraulic fracturing and how the commission may most effectively regulate these activities. Again the committee would have stakeholders from a variety of organizations, the oil and gas industry, environmental, higher education, and a hydrologist. Because of the fast growing nature of the industry, it's important to receive continual insight from different stakeholders to make sure that Texas and the industry are making the best decisions for the people of Texas. Because the industry is growing so fast in areas where water is not so easily accessible, it's also important the focus on the committee regarding better ways of using water in the hydraulic fracturing process. Mr. President I would move adoption of floor amendment No. 4.

SENATOR KEVIN ELTIFE: Senator Fraser on floor amendment No. 4.

SENATOR TROY FRASER: Members, again, Senator Davis I know she's passionate about this but this is an issue that would be a duplication. There's already a University of Texas study, there's an EPA study going on, a Department of Energy study, an investigation into the potential hydraulic fracturing on groundwater resources being done by the congressional House and energy commerce committee. The studies talking about the EPA study estimated cost over $2 million and I think it would be a duplication that we don't need. I would move to table amendment No. 4.

SENATOR KEVIN ELTIFE: Senator Davis to close.

SENATOR WENDY DAVIS: Thank you Mr. President. As I stated I believe it's incumbent upon us because we have so much of this activity taking place in the state of Texas to conduct our own study die and analysis. Clearly there's been resistance on the application of EPA rule examination regulation and oversight and the fact that the EPA might be conducting a similar study really I think will leave the people of the state of Texas with little comfort if those aren't adopted and respected here by state decision makers. So I would ask for members to vote no on the motion to table.

SENATOR KEVIN ELTIFE: Members, Senator Fraser has moved to table floor amendment No. 4. The secretary will call the roll. The motion is to table.

SENATOR KEVIN ELTIFE: There being 19 ayes, 11 nays, the motion to table prevails. The following amendment. The secretary will please read the amendment.

PATSY SPAW: Floor amendment No. 5 by Davis.

SENATOR KEVIN ELTIFE: Senator Davis to explain the amendment.

SENATOR WENDY DAVIS: Thank you Mr. President. This amendment would require TCEQ to conduct a study regarding the risk of storm water runoff from natural gas well sites. The study is important to understand the impact the runoff can have and those substances that could end up in the state surface water and surrounding ground water. Some of the industry are already making efforts to keep storm water at well sites from seeping into the ground. This study would clarify the ramification of water runoff from well sites. The study would be required to report on the possible risk of water run off and may recommend legislative changes how far the amendment would produce no new authority and members this isn't requiring anything that's precedent setting. In the state of Texas if you build even a commercial building or engaging in most commercial activities you're subject to TCEQ regiment of storm water controls. It's very important in urban environments because there are no real controls on this run off. It's the pad site that we're concerned about here production activities of course on the pad site, the storage of chemicals, the possible spill of substances including produce water carrying a large degree of salt, not to mention sediment and if there aren't studies of course to determine the impacts of that possible run off I think we are failing to adequately protect the public as we should. I move adoption.

SENATOR KEVIN ELTIFE: Senator Seliger for what purpose?

SENATOR KEL SELIGER: Question of the author.

SENATOR KEVIN ELTIFE: Senator Davis yield?

SENATOR WENDY DAVIS: Yes of course.

SENATOR KEL SELIGER: Senator, how are fractionating fluids delivered to the well site?

SENATOR WENDY DAVIS: By a truck.

SENATOR KEL SELIGER: They're delivered by truck and where do they go?

SENATOR WENDY DAVIS: Into the well.

SENATOR KEL SELIGER: How far?

SENATOR WENDY DAVIS: Thousands of feet.

SENATOR KEL SELIGER: Thousands of feet. What do we generally characterize as runoff, water runoff. Storm water run off in this case?

SENATOR WENDY DAVIS: Water that rains down on a site and runs off the site and carries with it whatever it may have picked up on the site to other areas.

SENATOR KEL SELIGER: And so what is the interaction of storm water runoff and water that's injected into a hole six, nine, 12,000 feet below the surface?

SENATOR WENDY DAVIS: Well, actually Senator there are a couple of instances where groundwater can be impacted by at activity at the site. It's not the activity that you're talking about where the water's gone down into the hole. It's spills which do occur, the storage of substances on the pad site and there are chemical substances that are stored on these pad sites during the drilling process, there are also on many of our pad sites in the Barnett Shell tank batteries which store gasoline that's been brought up from the site before it's separate. There's a separation process that occurs and then it's moved off, there are a number of activities on the actual pad site itself that can possibly create contamination and again the point of this inquiry and that's what this is asking for is an inquiry is simply to determine whether there are any risk and if there aren't TCEQ will be able to give public health assurance that the public can feel perfectly safe that there is no storm water run off harm or risk of harm to them by virtue of what's happening on these pad sites.

SENATOR KEL SELIGER: In the case of hazardous chemicals, petro chemicals, pad site chemicals, any time there is a spill from a containment vessel isn't the requirement now to advise TCEQ or EPA that such a spill has happened?

SENATOR WENDY DAVIS: That should occur under the law.

SENATOR KEL SELIGER: No, ma'am. The question was isn't it already a requirement under law that it happen?

SENATOR WENDY DAVIS: Under the laws that required.

SENATOR KEL SELIGER: So what's the study going to do that's not already required in law?

SENATOR WENDY DAVIS: Again, there are things that are stored on these pad sites Senator. It's not just spills that are occurring that might endanger the groundwater and let's go back at the example I used at the outset. If the state of Texas today if a building is constructed TCEQ compliance is required in terms of answering storm water run off risks that might occur as a consequence of that F. we were requiring that of a commercial building, a commercial building that doesn't by itself in and of itself necessitate the use of hazardous substances I am not sure exactly why it is the case that we would exempt pad sites where many chemicals are being used from a study to determine whether there should be some regulatory oversight of TCEQ relative to the groundwater that's leaving that site.

SENATOR KEL SELIGER: Okay thank you. Thank you Mr. President.

SENATOR KEVIN ELTIFE: Thank you, Senator Seliger. Senator Fraser on floor amendment No. 5.

SENATOR TROY FRASER: The amendment that's being laid out just doesn't work in this bill. I would question whether it's germane to this bill but I am not going to call a point of order. But the TCEQ, the Railroad Commission not TCEQ has jurisdiction over storm water runoff over oil and gas facilities, so TCEQ, it wouldn't work for them conducting a study. The information that sale laid out on instance where spills are involved in frack fluid contamination, it's already available on Railroad Commission website. The amendment's just not needed and doesn't work. I would now move to table amendment No. 5.

SENATOR KEVIN ELTIFE: Senator Davis to close.

SENATOR WENDY DAVIS: Thank you Mr. President. Railroad Commission actually has oversight where a break in a line occurs and there is a fluid leak as a consequence of that but everything aboveground is TCEQ and the oversight of storm water runoff actually is conducted by TCEQ. Because we do this in so many instances, I find it very difficult to understand why it wouldn't be perfectly appropriate and in fact in the best interest of our communities to look at this issue as it relates to the drilling pad sites in natural gas well sites and I would ask respectfully that members vote no on the motion to table floor amendment No. 5.

SENATOR KEVIN ELTIFE: Thank you, Senator Davis. Members the motion by Senator Fraser is to table floor amendment No. 5. The motion is to table floor amendment No. 5. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 20 ayes, 11 nay, motion prevails. Following amendment. Secretary please read the amendment.

PATSY SPAW: Floor amendment No. 6 by Hegar.

SENATOR KEVIN ELTIFE: Senator Hegar to explain the amendment.

SENATOR GLENN HEGAR: Thank you Mr. President and members, this bill y'all have seen before members. This is the Railroad Commission sunset bill. This is Senate bill 655 that we had passed out of here earlier this session with the exception of a couple of changes. Those changes are two things that were added on the House side. No. 1, there is on page 26 and 27 of the amendment that you see there's the pipeline safety and regulatory fee and it's adding in the words and regulatory fee to make sure that we can continue the full funding of the gas utility program that the Railroad Commission or as it would be renamed the Texas Oil and Gas Commission. This is something went through IGR. This is something that the industry was wanting to have and they put it on the bill as a floor amendment over on the House side to make sure we added the words regulatory and we could continue to fully fund the gas utility program. No. 2 on page five you will see a number six says the economic benefit gain through a violation, so therefore when dealing with the seriousness of a violation or pollution resulting from a violation the Oil and Gas Commission can take into account the economic benefit gain through the violation which is a very standard language that's in other regulatory agencies. Also the main change of this is something that we've actual had discussion very recently with the House side. As you remember we passed out the legislation as one elected commissioner, the House had passed out the legislation as three elected commissioners keeping the status commission, however they would have the chair, someone run to be the chair to the full term of that individual would be the chair. This version is something they had explored with the House saying I would be more than happy, I think the Senate -- what we wanted was greater accountability of the railroad commission or the Oil and Gas Commission as it would be called and therefore you would continue to have three commissioners how far you would have one run as a chairman and serve for four years instead of six. That term would -- and as you can see that's on page two under the election and terms of the commissioner. The governor actually would appoint all three, however the two that are not chair would serve until 2012 and be up for reelection and the chair would serve until 2014 and be up for reelection so we stagger them in alternative years. But then the most important thing you see of the chair position with the statewide gubernatorial election years and then the other two on presidential years. The only major change also is the powers s and duties of the chairman. The duties of the chairman would be manage the administrative affairs, organize the division, set the agenda that and then also the chair may delegate the chair's powers and duties to one or more deputies, and with that if you have any more questions, otherwise I would ask adoption of floor amendment No. 6.

SENATOR KEVIN ELTIFE: Senator Fraser on floor amendment No. 6.

SENATOR TROY FRASER: Members, this is the Railroad Commission sunset bill that died over in the House. This is an attempt to revive that and the explanation by Senator Hegar, you know, that I think would answer the questions. I am going to leave it to the will of the body but I am going to be voting yes on this amendment.

SENATOR KEVIN ELTIFE: Members Senator Hegar moves adoption of floor amendment No. 6. Senator Fraser is voting yes but leaving it to the will of the body. Is there objection to floor amendment No. 6? Objection to floor amendment No. 6? Floor amendment No. 6 is adopted.

SENATOR GLENN HEGAR: Thank you members.

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

SENATOR TROY FRASER: Members I would now move to pass to third reading House Bill 3328 as amended.

SENATOR KEVIN ELTIFE: Senator Fraser now moves passage to third reading. Is there objection? Chair hears none, House Bill 3328 as amended is passed to third reading. Senator Fraser you're recognized for a motion to suspend the constitutional three day rule.

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

SENATOR KEVIN ELTIFE: The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, no nays the rule is suspended. The Chair lays out on third reading and final passage House Bill 3328 as amended. The secretary will read the caption.

PATSY SPAW: House Bill 3328 relating to the disclosure of the composition of hydraulic fracturing fluids used in hydraulic fracturing treatments.

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

SENATOR TROY FRASER: Members, I now move final passage of House Bill 3328 as amended.

SENATOR KEVIN ELTIFE: Senator Fraser now moves final passage of House Bill 3328 as amended. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays House Bill 3328 as amended is finally passed. Congratulations Senator Fraser. Senator Ogden, you're recognized.

SENATOR STEVE OGDEN: Members I'd like to make an announcement concerning a bill that will be on the floor later on this evening. It is the Committee Substitute House Bill No. 4. House Bill 4 is a supplemental appropriation and the bill that's in your bill book I will ask you to suspend on but as soon as we suspend, I'll have an amendment that basically strikes everything below the enacting clause and it's a complete rewrite of House Bill 4. So what we're doing we're passing out to you what the floor amendment for House Bill 4 along with the summary sheet of the various appropriations and budget cuts throughout the bill to that when the bill comes up for debate you'll be able to understand what I'm talking about. So we'll pass it out and then hopefully I'll get recognized later other than this evening.

SENATOR KEVIN ELTIFE: Thank you, Senator Ogden. Senator Birdwell. Senator Birdwell is recognized for motion to suspend the regular order of business on House Bill 2338.

SENATOR BRIAN BIRDWELL: Thank you Mr. President and members, I move to suspend the Senate's regular order of business to take up and consider House Bill 2358 -- I'm sorry 2338 this is the truth in taxation summary bill requiring county tax assessor collector post the following rates for each political subdivision within a respective county website for five years. The adopted rate, the maintenance and operation rate, the debt rate, effective tax rate and maintenance and operations rate and roll back rate. The website will also provide a brief explanation of each tax rate to clarify the property for tax rates. Each of these individual tax rates and already calculated by a political subdivision used to develop the overall property tax rate for each political subdivision. Finally requiring a county tax assessor collector to post the tax information once per year. There's not a recurring cost or unfunded mandate upon counties for maintenance of the website. This bill was carefully crafted Mr. President, came out of the House unanimously and out of the Senate's IGR committee and I move adoption or move suspension, I'm sorry.

SENATOR KEVIN ELTIFE: Senator Watson for what purpose?

SENATOR KIRK WATSON: Question of the author please.

SENATOR KEVIN ELTIFE: Senator Birdwell yield?

SENATOR BRIAN BIRDWELL: Yes Mr. President I yield.

SENATOR KIRK WATSON: Thank you, Senator. You ended your presentation by pointing out that this was a carefully crafted bill and my question really relates to before we suspend you don't know of any -- you're not offering any amendments and you don't know of any amendments that's being offered on this bill; is that correct?

SENATOR BRIAN BIRDWELL: That's correct Senator Watson.

SENATOR KEVIN ELTIFE: There are no amendments up here at this time.

SENATOR KIRK WATSON: Thank you very much.

SENATOR BRIAN BIRDWELL: Correct.

SENATOR KEVIN ELTIFE: Members Senator Birdwell has moved suspension of the regular order of business to take up and consider House Bill 2338. On b the rule is suspended. The Chair lays out on second reading House Bill 2338. The secretary will read the caption.

PATSY SPAW: House Bill 2338 relating to the posting on the internet by the county assessor collector of information regarding ad valorem tax rates.

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

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

SENATOR KEVIN ELTIFE: Senator Birdwell now moves final third reading. Is there objection? Chair hears none, House Bill 2338 is passed to third reading. Senator Birdwell is recognized for a motion to suspend the constitutional three day rule.

SENATOR BRIAN BIRDWELL: So moved Mr. President.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays the rule is suspended. The Chair lays out on third reading and final passage House Bill 2338. The secretary will read the caption.

PATSY SPAW: House Bill 2338 relating to posting on the internet of county assessor collector regarding information on ad valorem tax rates.

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

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

SENATOR KEVIN ELTIFE: Senator Birdwell moves final passage of House Bill 2338. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays House Bill 2338 is finally passed. Congratulations Senator Birdwell.

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

SENATOR KEVIN ELTIFE: Senator Estes you're recognized for a motion to suspend the regular order of business on House Bill 2996.

SENATOR CRAIG ESTES: Thank you Mr. President. House Bill 2996 creates the urban agricultural innovative authority and that's a good thing, so 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 2996.

SENATOR KEVIN ELTIFE: Senator Estes moves suspended pension of the regular order of business on House Bill 2996. Is there objection? Chair hears none, the rules are suspended. The Chair lays out on second reading House Bill 2996. The secretary will read the caption.

PATSY SPAW: House Bill 2996 relating to the creation of the Texas urban agricultural innovation authority.

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

SENATOR CRAIG ESTES: Move passage to third reading.

SENATOR KEVIN ELTIFE: Senator Estes now moves passage to third reading. Is there objection? Chair hears none, House Bill 2996 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.

SENATOR KEVIN ELTIFE: 27 ayes, four nays, the rule suspended. The Chair lays out on third reading final passage House Bill 2996. The secretary will read the caption.

PATSY SPAW: House Bill 2996 relating to the creation of the Texas urban agricultural innovation authority.

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

SENATOR CRAIG ESTES: I move final passage of House Bill 2996.

SENATOR KEVIN ELTIFE: Senator Estes u moves final passage House Bill 2996. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 25 ayes, five nays, House Bill 2996 finally passed. Congratulations Senator Estes.

SENATOR CRAIG ESTES: Thank you Mr. President.

SENATOR KEVIN ELTIFE: Senator Estes you recognize fard motion to suspend the regular order of business on House Bill 2997.

SENATOR CRAIG ESTES: Thank you Mr. President. I move to suspend the constitutional order of business House Bill 2997. Members this bill creates the urban pilot program. It's a good bill.

SENATOR KEVIN ELTIFE: Senator Estes moves suspension of the regular order of business to take up and consider House Bill 2997. Is there objection? Chair hears none, rule is suspended. The Chair lays out on second reading House Bill 2997. The secretary will read the caption.

PATSY SPAW: House Bill 2997 relating to creation and funding of the urban funding farming pilot program and the creation of urban farming.

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

SENATOR CRAIG ESTES: Move passage to third reading.

SENATOR KEVIN ELTIFE: Senator Estes now moves passage to third reading. Is there objection? Chair hears none, House Bill 2997 passed to third reading. Senator Estes roar 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.

SENATOR KEVIN ELTIFE: 25 ayes, five nays, the rule is suspended. The Chair lays out on third reading and final passage House Bill 2997. The secretary will read the caption.

PATSY SPAW: House Bill 2997 relating to creation and funding of urban pilot program.

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

SENATOR CRAIG ESTES: Thank you Mr. President. So that those in the gallery that are waiting for these bills to pass to go on to their daily business, I move final passage of House Bill 2997.

SENATOR KEVIN ELTIFE: Senator Estes in honor of the people that have been waiting in the gallery for four days moves final passage of House Bill 2997. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 25 ayes, five nay, House Bill 2997 is finally passed. Congratulations Senator Estes. Senator Wentworth you ready on 2327? Senator Wentworth you're recognized on a motion to suspend the constitutional three day rule on committee constitute House Bill 2327.

SENATOR JEFF WENTWORTH: Thank you Mr. President. I move to suspend the constitutional rule that requires that bills be read on three several days for committee substitute to House Bill 2327. Members to remind you this is the bill that affects -- did not effect 250 of the 254 counties, it only effects Bexar, Travis, and El Paso counties and it's a pilot program that allows buses to use the -- whatever that is, the shoulders when off lot of congestion. I move to suspend the constitutional three day rule.

SENATOR KEVIN ELTIFE: Senator Wentworth moves to suspend the constitutional three day rule on Committee Substitute to House Bill 2327. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 28 ayes, three nay, the rule suspended. The Chair lays out on third reading and final passage Committee Substitute to House Bill 2327. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 2327 relating to the establishment and operation of a motor bus only lane pilot program.

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

SENATOR JEFF WENTWORTH: Mr. President I move final passage of the committee substitute for House Bill 2327.

SENATOR KEVIN ELTIFE: Senator Wentworth moves final passage of Committee Substitute House Bill 2327. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 21 ayes, ten nays Committee Substitute to House Bill 2327 finally passed.

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

SENATOR KEVIN ELTIFE: Congratulations Senator Wentworth.

SENATOR JEFF WENTWORTH: Thank you.

SENATOR KEVIN ELTIFE: Senator Uresti. The Chair recognizes Senator Uresti for a motion to not concur in House amendments to SB341.

SENATOR CARLOS URESTI: Thank you Mr. President, members, good evening. I move not to concur on Senate bill 341. In the House they put on several amendments that affect the intent of the bill which is the Bexar met bill so I move not to concur and to appoint conferees on Senate bill 341.

SENATOR KEVIN ELTIFE: Members Senator Uresti moves that the Senate not concur in House amendments to SB341 and request the appointment of a conference committee. Is there objection? Chair hears none, are there any motions to instruct? Hearing none the following conferees.

PATSY SPAW: Conference committee on Senate bill 341 Senator Uresti, chairman, members, Senator Wentworth, Senator Van de Putte, Senator Fraser, and Senator Hegar.

SENATOR KEVIN ELTIFE: Senator Rodriguez. The Chair recognizes Senator Fraser for a motion to not concur in House amendments to SB1198.

SENATOR JOSE RODRIGUEZ: Thank you Mr. President and member. Senate Bill 1198 deals with various provisions in the probate code. The bill passed the Senate unanimously but the House made several changes. Mr. President I move to not concur in the change to Senate Bill 1198 and request appointment of a conference committee.

SENATOR KEVIN ELTIFE: Senator Rodriguez moves that the Senate not concur in House amendments to Senate Bill 1198 and request the appointment of a conference committee. Is there objection? Chair hears none, are there any motions to instruct? Hearing none, the following conferees.

PATSY SPAW: Conference committee on Senate Bill 1198 Chair Senator Rodriguez, members Senator Harris, Senator Carona, Senator Wentworth and Senator Uresti.

SENATOR KEVIN ELTIFE: Senator Lucio.

SENATOR CHRIS HARRIS: Which bill was it?

SENATOR KEVIN ELTIFE: SB89. The Chair recognizes Senator Lucio for a motion to not concur in House amendments to SB89.

SENATOR EDDIE LUCIO: Eighty-nine?

SENATOR KEVIN ELTIFE: SB89 to not concur.

SENATOR EDDIE LUCIO: Thank you Mr. President and members, Senate Bill 89 relating to the summer foods program passed the Senate about a month ago and two amendments were added to the bill on the local and consent calendar and we need to cuss those further with stakeholders before final passage. At this point I'd like to move to not concur with House amendments to SB89 and request the appointment of a conference committee at this time.

SENATOR KEVIN ELTIFE: Senator Lucio moves that the Senate not cop cur in House amendments to SB89 if request the appointment of a conference committee. Is there objection? Chair hears none, are there any motions to instruct? Hearing none, the following conferees.

PATSY SPAW: Conference committee on Senate Bill 89 Senator Lucio, Chair, members, Senator Seliger, Senator Deuell, Senator Van de Putte, Senator Shapiro.

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

SENATOR KEVIN ELTIFE: Thank you, Senator Lucio.

SENATOR KEVIN ELTIFE: The Chair recognizes Senator Carona for a motion to not concur in House amendments to HB747.

SENATOR JOHN CARONA: Mr. President I don't know how you knew I wasn't going to concur but sure enough. The House members it is on the Texas Real Estate commission. They, we thought this was going to be a non substantive cleanup but there were some issues and one of the things that happened is that Senate Bill 1000 was added in the bill in the House. Now, that that bill has actually passed it should be removed to avoid any conflict in the intent or passage of this bill and so I move that we refuse to concur.

SENATOR KEVIN ELTIFE: Senator Carona moves that the senate not concur in House amendments to HB747 and request the appointment of a conference committee. Is there objection? Chair hears none, any motion to instruct? Hearing none, the following conferees.

PATSY SPAW: Conference committee on Senate Bill 747 Chair, Senator Carona, members, Senator Eltife, Senator Jackson, Senator Lucio, and Senator Watson.

SENATOR KEVIN ELTIFE: Thank you Senator Carona. Senator West to not concur on 144. The Chair recognizes Senator West for a motion to not concur in House amendments to SB144.

SENATOR ROYCE WEST: Mr. President and members, Senate Bill 144 allows a person who successfully completed the term of deferred community supervision to be eligible for a pardon. While the bill was in the House, the governor's office suggested an amendment, unfortunately in the hustle and bustle of the process the wrong draft of the amendment was added. So that we can add the correct draft of the amendment I move not to concur in the House amendments to Senate Bill 144 and request the appointment of a conference committee.

SENATOR KEVIN ELTIFE: Senator West moves that the Senate not concur in House amendments to SB144 and request the appointment of a conference committee. Is there objection? Chair hears none, are there any motions to instruct? Hearing none, following conferees.

PATSY SPAW: Conference committee on Senate Bill 144 Chair, Senator West, members, Senator Hegar, Senator Carona, Senator Ellis, and Senator Huffman.

SENATOR KEVIN ELTIFE: Senator Jackson are you ready to not concur on 563? The Chair recognizes Senator Jackson for a motion to not concur in House amendments to SB563.

SENATOR MIKE JACKSON: Thank you Mr. President and members, I am requesting the appointment of a conference committee for Senate Bill 563. This bill will protect information about job seekers, unemployment insurance claims, and employers contained and workinTexas.com from release under the public information act. The House amended the bill that created a pilot program that I don't think we need to do and I'd like to go to conference committee.

SENATOR KEVIN ELTIFE: Senator Jackson moves that the Senate not concur in House amendments to, B563 and request the appointment of a conference committee. Is there objection? Chair hears none, any motions to instruct? Hearing none, the following conferees.

PATSY SPAW: Conference committee on House bill 563, Chair, Senator Jackson, members, Senator Eltife, Senator Watson, Senator Fraser, and Senator Harris.

SENATOR KEVIN ELTIFE: The Chair recognizes Senator Harris to concur in House amendments to SB819.

SENATOR CHRIS HARRIS: 819?

SENATOR KEVIN ELTIFE: Yes, sir 819.

SENATOR CHRIS HARRIS: Members, Senate Bill 819 relatings to the enforcement of protective order. The House amendments came in and established which counties the action for enforcement can be brought. I move adoption or concurrence in the House amendments Mr. President.

SENATOR KEVIN ELTIFE: Senator Harris moves that the Senate concur in House amendments to SB819. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays the motion is adopted. Thank you Senator Harris.

SENATOR CHRIS HARRIS: Thank you.

SENATOR KEVIN ELTIFE: The Chair recognizes Senator Harris for a motion to concur in House amendments to SB1026.

SENATOR CHRIS HARRIS: Members Senate Bill 1026 relates to the duties and powers of the attorney ad litem appointed to represent a parent. Members, the House came in in their amendments and made sure the attorney ad litem would have to review court document, conduct formal discovery when necessary. I move to concur in House amendments.

SENATOR KEVIN ELTIFE: Senator Harris moves that the Senate concur in House amendments to SB1026. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays the motion adopted. Thank you Senator Harris. The Chair recognizes Senator Harris for a motion to concur to the House amendments in SB789.

SENATOR CHRIS HARRIS: Thank you Mr. President. Senate Bill 789 relates to the duration of a protective order. Now, the House amendments came in and they set up a procedure where a person can are that protective order reviewed. I move concurrence in House amendments.

SENATOR KEVIN ELTIFE: Senator Harris moves that the Senate concur many House amendments to SB789. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays the motion adopted. Thank you Senator Harris.

SENATOR CHRIS HARRIS: Thank you. Thank you co-roadway Nathan pa.

SENATOR KEVIN ELTIFE: The Chair recognizes mart Carona for a motion to concur in House amendments SB17.

SENATOR JOHN CARONA: Mr. President in Senate Bill 17 the House included language to address a dual registration requirement for certain debt collectors. More specifically debt collectors, bond requirements will continue to be governed by chapter 392 of the finance code. Again maintaining current law. These amendments are insignificant and acceptable. I move to concur.

SENATOR KEVIN ELTIFE: Senator Carona moves that the Senate concur in House amendments to SB17. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays the motion is adopted. Thank you Senator Carona. The Chair recognized Senator Rodriguez for a motion to concur in House amendments to SB1910.

SENATOR JOSE RODRIGUEZ: Thank you Mr. President and members, as you may recall Senate Bill 1910 codified the PUC substantive rules governing the transition to competition in the El Paso electric service area and also allows to lar distribute I have measurement metering in the El Paso electrics company service territory. The bill passed the Senate unanimously. The House made several amendments nearly all of which are the result of substituting in a leg counsel draft. The only substantive change was language that was added at the request of Western Refining to ensure the cost associated with net metering would not be passed on to other classes of customers in the future. Mr. President and members the amendments are acceptable.

SENATOR KEVIN ELTIFE: Senator Rodriguez moves that the Senate on cur in House amendments to SB190. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays the motion is adopted. Thank you Senator Rodriguez.

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

SENATOR KEVIN ELTIFE: Chair recognizes Senator Estes pr a motion to not concur in House amendments to SB249.

SENATOR CRAIG ESTES: Thank you Mr. President and members, members this bill was a very simple narrow bill that we passed in February to add one banking executive and one public member to the finance commission. The House tacked on an amendment to add a motor vehicle seller finance licensee which is totally out of place in this bill. In doing so the House failed to provide enough votes to reserve the majority that the public members currently are on the commission for these reasons, members, I move that the Senate not concur with the House amendments to Senate Bill 249.

SENATOR KEVIN ELTIFE: Senator Estes moves that the Senate not concur in House amendments to SB249 and request the appointment of a conference committee. Is there objection? Chair hears none, are there any motions to instruct? Hearing none, the following conferees.

PATSY SPAW: Conference committee on Senate Bill 249. Senator Estes, Chair, members, Senator Carona, Senator Fraser, Senator Lucio, and Senator Williams.

SENATOR CRAIG ESTES: Thank you Mr. President.

SENATOR KEVIN ELTIFE: The Chair recognizes Senator Carona on a motion to concur in House amendments to,SB762.

SENATOR JOHN CARONA: Members Senate Bill 762 clarifies the authority of the office of consumer credit commissioner to regulate certain operations of property tax lien lenders. There was an amendment in the House that corrected errors in the version of the bill that was reported out of the House committee. There was also an amendment add that had would require the finance commission to conduct a study of fees charge by property tax lien lenders in conjunction with the loans that they make. Both of these were good and necessary so I move to concur.

SENATOR KEVIN ELTIFE: Senator Carona moves that the Senate concur in House amendments to SB762. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, no nays the motion adopted. Thank you Senator Carona. Chair recognizes Senator Carona for a motion to concur in House amendments to SB781.

SENATOR JOHN CARONA: Thank you Mr. President and members. Senate Bill 781 creates three legislative oversight committees that are no longer necessary. There were two amendments to the bill in the House. One removed a provision that was added on the Senate floor which would eliminate the Edwards Aquifer oversight committee. Apparently there's still some unfinished business there. The second deletes the statute requiring the department of information resources to conduct a third party vulnerability study of software and hardware purchases by state agencies. These changes are acceptable and I move to concur.

SENATOR KEVIN ELTIFE: Senator Carona move that is the Senate concur in House amendments to SB781. That the Senate concur. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays the motion adopted. Thank you Senator Carona. Senator Carona 1124 to concur. The Chair recognizes Senator Carona for a motion to concur in House amendments to SB1124.

SENATOR JOHN CARONA: Thank you Mr. President. Senate Bill 1124 members updates provisions of the Texas secure and fair enforcement for mortgaging licensing act known as the safe act. There were two amendments to the bill in the House. The firings one provided authority to the finance commission to exempt certain entities from the residential mortgage loan originated requirement if such an exemption is consistent under federal law and then second clarify that certain regulated entities are not required to register with both the office of consumer credit commission and the office of safe pings mortgage lending. Both of these are certainly reasonable. So they're acceptable and I move to concur.

SENATOR KEVIN ELTIFE: Senator Carona moves that the Senate concur in House amendment to SB1124. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, the motion adopted. Thank you Senator Carona. The Chair recognizes Senator Estes for a motion to concur in House amendments to SB479.

SENATOR CRAIG ESTES: Thank you Mr. President and members. I move to concur -- let's see if it lights up there. Members this was brought up to me by constituents. It's interesting. They teach rodeo skills things like mutton busting, various activities relating to rodeo with animals that are nonequine and to this limits liability of that and it teaches the kids rodeo skills. So I move to concur.

SENATOR KEVIN ELTIFE: Senator Estes moves that the Senate concur in House amendments to SB479. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays congratulations Senator Estes.

SENATOR CRAIG ESTES: Thank you Mr. President.

SENATOR KEVIN ELTIFE: The Chair recognizes Senator Carona for a motion to concur in House amendments to SB1169.

SENATOR JOHN CARONA: Thank you Mr. President this bill deals with service contract providers. The House added some amendments. First they found that omitting the funding reserve option as proof of financial responsibility would put some of those legitimate small contractors, contract providers out of business, so we corrected that and additional protections and requirements were added. The department will now require the provider to submit audit financial statements, the security deposit of formulas being raised, and the acceptable forms of security deposit being limited to those that are the least administratively burdensome on the department. With those amendments I move to concur.

SENATOR KEVIN ELTIFE: Senator Carona moves that the Senate concur in House amendments to House amendments to SB1169. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, no nays the motion adopted. Thank you Senator Carona. 773 to not concur Senator Zaffirini in the Chair recognize Senator Zaffirini for a motion to not concur in House amendments to SB773.

SENATOR JUDITH ZAFFIRINI: Thank you Mr. President. Mr. President and members, I move that the Senate refuse to concur in House amendments to Senate Bill 773 which relates to telecommunications service discounts for educational institution, libraries, and hospitals, and telemedicine centers. The House added an unacceptable and not germane amendment to allow state agencies to sell advertising space on their websites which we must remove. Mr. President I move to refuse to concur and request the appointment of a conference committee.

SENATOR KEVIN ELTIFE: Senator Zaffirini moves not to concur in House amendments to SB773 and request an appointment committee. Is there objection? Chair hears none, are there any motions to instruct? Hearing none, the following conferees.

PATSY SPAW: Conference committee on Senate Bill 773. Chair, Senator Zaffirini, members, Senator Carona, Senator Eltife, Senator Van de Putte, and Senator Deuell.

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

SENATOR KEVIN ELTIFE: Thank you Senator Zaffirini. Senator Estes is recognized for a motion to suspend the regular order of business on HCR84.

SENATOR CRAIG ESTES: Thank you Mr. President and members, members, this concurrent resolution is a good one. Christopher Evans (inaudible) originating in Garner, Texas in 1887. Garner is a mall town located north and west of Fort Worth. It was there that two boys William A. Thomas and Walter Earl reportedly invented the domino game 42. Since domino game is acceptable to their parents and other residents of the town. Thomas and early began teaching others issue to play the game. The game caught on and there the Earl and Thomas families later moved to Windham and Montgomery county, the game reportedly spread from there. According to Williams, William Thomas told the tour about his coinventing the game in a 27 (inaudible) with the Dallas Journal Newspaper. Thomas died in 1946. So HCR84 designates 42 as the special state table game of Texas. Members there's an amendment by Senator Uresti that I am favorable to and it will replace the word table with domino. So 42 will be the official domino game of Texas and it will --

SENATOR KEVIN ELTIFE: Senator Ogden, for what purpose? Senator Ogden for what purpose?

SENATOR STEVE OGDEN: Can I ask a question of Senator Patrick? I would like to ask a question for Senator Patrick.

SENATOR KEVIN ELTIFE: Senator Estes will you yield to Ogden and Patrick?

SENATOR CRAIG ESTES: Do I need to yield?

SENATOR KEVIN ELTIFE: You have to yield.

SENATOR CRAIG ESTES: I have to yield?

SENATOR KEVIN ELTIFE: You have to yield.

SENATOR CRAIG ESTES: Who am I yielding to?

SENATOR KEVIN ELTIFE: Senator Ogden.

SENATOR CRAIG ESTES: I am happy to yield to Senator Ogden.

SENATOR STEVE OGDEN: We were wondering if this was a gambling resolution.

SENATOR CRAIG ESTES: Well, I think that this caption is so specific that no gambling bill can be put on it. Forty-two is not gambling according to my experts.

SENATOR STEVE OGDEN: Have you played this official state game?

SENATOR CRAIG ESTES: You know I have played it once or twice but I've kind of forgotten how to play it. Do you play -- I know its big at Texas A&M. Forty-two is big at Texas A&M.

SENATOR STEVE OGDEN: Well, I am not sure I am willing to go that there's no gambling but -- Senator you were trying to explain seriously. Is there some real connection between this and -- why --

SENATOR CRAIG ESTES: I know it's a very popular game and I've been told seriously, Senator, that it's a very popular game among Aggies and interesting thing about this is these two young boys invented this game because their parents wouldn't let them play cards. They thought cards were sinful and so they invented 42. So I think when you play 42 you can rest assured that there's nothing sinful about it.

SENATOR STEVE OGDEN: Thank you.

SENATOR CRAIG ESTES: Thank you Senator.

SENATOR KEVIN ELTIFE: Thank you Senator Ogden. Senator West for what purpose?

SENATOR ROYCE WEST: Question of the author.

SENATOR KEVIN ELTIFE: Senator Estes yield?

SENATOR CRAIG ESTES: Happy to yield to Senator West.

SENATOR ROYCE WEST: Senator Estes, does have to be the official game as opposed to 46?

SENATOR CRAIG ESTES: Well, because the big six bill didn't get to me in time.

SENATOR ROYCE WEST: The big six didn't get to you in time?

SENATOR CRAIG ESTES: No, sir, the 42 people are -- I'll tell you what this is going to make some people in Garner, Texas very happy that there is the official domino game of Texas.

SENATOR ROYCE WEST: Have you ever played big six?

SENATOR CRAIG ESTES: I never have, I played Mexican train though, that's a wonderful game.

SENATOR ROYCE WEST: How do you play that?

SENATOR CRAIG ESTES: We play it when we go on vacation and we use, you start playing it and it's so fun and --

SENATOR ROYCE WEST: You play them with dominoes or what?

SENATOR CRAIG ESTES: You play them with dominoes that have so many numbers on them --

SENATOR KEVIN ELTIFE: Members, please don't talk over each other. People really want to hear what you have to say about this.

SENATOR CRAIG ESTES: You bet, I love big six.

SENATOR KEVIN ELTIFE: Order in the chamber, please.

SENATOR CRAIG ESTES: Are you a 42 enthusiast Senator?

SENATOR ROYCE WEST: I'm sorry, say it again.

SENATOR CRAIG ESTES: You a 42 enthusiast?

SENATOR ROYCE WEST: Forty-two?

SENATOR CRAIG ESTES: Forty-two, do you play 42?

SENATOR ROYCE WEST: I play 42.

SENATOR CRAIG ESTES: Do you? I have to say I've played it once or twice but I really forgot how to play it. Maybe we can get some dominoes in the break room in and play a little game of 42 while we're waiting on the House to pass our bills.

SENATOR ROYCE WEST: I'm a real big, big six player and in fact we've had domino tournaments in Dallas called the super bowl domino tournament, we have in Dallas is called the super bowl -- we call it the super bowl tournament, the super bowl of dominoes, we raise money for visiting nurses association.

SENATOR CRAIG ESTES: We need an interim study to make big six the super bowl game of Texas.

SENATOR ROYCE WEST: We need to do that next session. Make it the super bowl tournament of Texas.

SENATOR CRAIG ESTES: And honestly a little levity and honor in people that invented games I think helps us realize that we live in such a great state and all the serious things that we do are so important that to are the past times and the recreations that we have and we celebrate them all Senator.

SENATOR ROYCE WEST: Well, I tell you what. Next time we have a Super Bowl I want to make certain to invite you as part of the Super Bowl tournament when we play bug 6.

SENATOR CRAIG ESTES: I look forward to it. Thank you.

SENATOR KEVIN ELTIFE: Thank you Senator West. Senator Jackson for what purpose?

SENATOR MIKE JACKSON: Will the gentlemen yield?

SENATOR KEVIN ELTIFE: Senator Estes yield?

SENATOR CRAIG ESTES: I yield.

SENATOR MIKE JACKSON: Thank you. I was wondering the origin of this HCR -- the HCR means the amendment or the resolution started in the House and then this if Senate votes this out it means the Senate's going to accept the notion that 42 is the official state game of Texas?

SENATOR CRAIG ESTES: That's correct Senator.

SENATOR MIKE JACKSON: Okay. Are you familiar with a game called Texas Hold Em?

SENATOR CRAIG ESTES: Yes I -- and this is -- I am glad you brought that up Senator, it's a wonderful card game and it's got Texas right in the middle of it and this is why I'm going to accept the amendment from Senator Uresti that 42 will be the official domino game because there again after a good interim study next legislative session we need to look at maybe making Texas Hold Em the state card game of Texas.

SENATOR MIKE JACKSON: Okay. Is the amendment going to say 42 is the official domino game in the state and Texas Hold Em is the official card game?

SENATOR CRAIG ESTES: Well, no, we'll have to work on that through the interim. What it will say is -- the way the bill is -- I mean the concurrent resolution is worded, it's the official state table game and with much research from Senator Uresti's staff and my staff we decided to call it the state domino game of Texas which is more accurate and so we look forward to voting on that amendment. Hopefully you can support it.

SENATOR MIKE JACKSON: Well, I am glad that the two of you are working in unison and --

SENATOR CRAIG ESTES: It's a bipartisan resolution Senator.

SENATOR MIKE JACKSON: The collective talent of everybody's staff came up with the word domino to --

SENATOR CRAIG ESTES: And the good news is I'm advised after we put this bill up we can let our fine staff take a short break. So I know everybody's going to want to be brief.

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

SENATOR CARLOS URESTI: Will the gentleman yield?

SENATOR KEVIN ELTIFE: Senator Estes yield?

SENATOR CRAIG ESTES: I will yield.

SENATOR CARLOS URESTI: Thank you Senator Estes. I know we have an amendment comes up that will change the name of your bill to read the state domino game of Texas; is that correct?

SENATOR CRAIG ESTES: That's correct Senator. You convinced me of the rightness of that amendment and it took a little bit of convincing but I came around.

SENATOR CARLOS URESTI: Thank you. You have. And I'll tell you what compelled me to do that is you have poem actually -- I think actually that Senator -- I'm sorry Representative Cane wrote in support of --

SENATOR CRAIG ESTES: You know I have seen that, I haven't read it all the way through and I've happened to lose it but since you have it in your hand we'd love for you to read it to the body. I think I join every Senator.

SENATOR KEVIN ELTIFE: I don't think that's necessary.

SENATOR CRAIG ESTES: All right. Thank you Mr. President. It's not necessary.

SENATOR CARLOS URESTI: Thank you Mr. Chairman. I'll yield and wait until my amendment comes forward.

SENATOR KEVIN ELTIFE: Thank you Senator Uresti. Senator Watson you wish to be recognized? Let's hope not.

SENATOR CRAIG ESTES: He does not. Thank you --

SENATOR KIRK WATSON: Absolutely not.

SENATOR KEVIN ELTIFE: Thank you Senator Watson. Okay members Senator Estes has moved suspension of the regular order of business to take up and consider HCR84. Is there objection? Chair hears none, rules are suspended. The Chair lays out the following resolution. Secretary will read the resolution.

PATSY SPAW: HCR84 designating 42 as the official state game of Texas.

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

PATSY SPAW: Floor amendment No. 1 by Uresti.

SENATOR KEVIN ELTIFE: Senator Uresti to explain the amendment.

SENATOR CRAIG ESTES: Thank you. I know that Senator Uresti wants to explain this thoroughly but I'll just say it's acceptable and I'm sure Senator Davis will have some comments on it.

SENATOR KEVIN ELTIFE: Senator Uresti on the amendment.

SENATOR CARLOS URESTI: Thank you Mr. President. I'll save the members Senator Estes reading a poem because I know Patty is cold and needs a break and all this amendment does it strikes table and statutes domino and I move adoption of floor amendment No. 1.

SENATOR KEVIN ELTIFE: Senator Uresti moves adoption of floor amendment No. one. It's acceptable to Senator Estes. Is there objection? Chair hears none, floor amendment No. 1 is adopted. Senator Estes is recognized for a motion.

SENATOR CRAIG ESTES: Thank you Mr. President I move --

SENATOR KEVIN ELTIFE: Adoption of resolution.

SENATOR CRAIG ESTES: Adoption of resolution. I am sorry.

SENATOR KEVIN ELTIFE: Senator Estes u moves adoption of the resolution. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays the resolution is adopted. Thank you Senator Estes.

SENATOR CRAIG ESTES: Thank you.

SENATOR KEVIN ELTIFE: It's done. The Chair recognizes Senator Whitmire for a motion.

SENATOR JOHN WHITMIRE: Mr. President, I move the Senate stand recess until 7:15.

SENATOR KEVIN ELTIFE: Members, Dean Whitmire has made a motion that the Senate will stand in recess until 7:15. 7:15. Is there objection? Chair hears none, so ordered. Thank you Senator Whitmire. Thank you members.

(Recess.)

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

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

SENATOR KEVIN ELTIFE: Admit the messenger.

MESSENGER: Thank you Mr. President. Mr. President I am directed by the House to inform the Senate that the House has taken the following action, the House has passed the following measures, SB76 by Duncan --

SENATOR KEVIN ELTIFE: Thank you Mr. Messenger. Senator Ogden recognized for a motion to suspend the printing rules on House Bill 275.

SENATOR STEVE OGDEN: Members, House Bill 275 appropriates over $3 billion dollars to the rainy day fund and when we had this bill on the floor earlier, Senator West, you asked me if it was a general appropriations bill and I hemmed and hawed med and the parliamentarian finally said yes. So in our Senate rules if it's a general appropriations bill it has a 48-hour -- conference committee reports have a 48 hour layout period. The 48-hour layout period for House Bill 275 is up at 11:58 tonight and so my request for the body is since House Bill 275 is a simple bill, it's like one page, I would move to suspend the 48-hour layout rule in order to take up and consider House Bill 275.

SENATOR KEVIN ELTIFE: Senator West for what purpose?

SENATOR ROYCE WEST: Question of the author.

SENATOR KEVIN ELTIFE: Senator Ogden yield?

SENATOR STEVE OGDEN: I yield.

SENATOR ROYCE WEST: Senator Ogden were there any changes made to the bill in the House?

SENATOR STEVE OGDEN: Yes, sir the House Bill 275 is when it left the Senate we were at $3.9 billion which coffered the current deficit. The conferees have agreed to a reduction in the rainy day fund appropriation to $3,199,000,000.

SENATOR ROYCE WEST: Okay. Let me 3,199,000,000. Let's see, was that the original amount that was in the bill that came over from the House?

SENATOR STEVE OGDEN: No, it's the original amount from the House plus $81 million for the forest fires in West Texas -- I mean the grass fires in West Texas.

SENATOR ROYCE WEST: So let's' see. It went over there with 3.9 and came back with 3.199?

SENATOR STEVE OGDEN: We're being fiscally conservative.

SENATOR ROYCE WEST: Oh, fiscally conservative. Let me -- I am trying to absorb all that right now. That's why I have that look on my face.

SENATOR STEVE OGDEN: Well, I know you're proud to be one of us.

SENATOR ROYCE WEST: Texans you mean? Yes I am.

SENATOR STEVE OGDEN: Fiscally conservative Texans.

SENATOR ROYCE WEST: And I guess if that's the best you can do then that's the best you can do, is that what you're telling us?

SENATOR STEVE OGDEN: Yes, sir that's the best I can do.

SENATOR ROYCE WEST: Okay. Thank you.

SENATOR KEVIN ELTIFE: Thank you Senator West. Members you have heard the motion by Senator Ogden. Is there objection? Chair hears none, hearing none, motion's adopted. Thank you Senator Ogden. The Chair recognizes Senator Ogden for a motion on the conference committee report for House Bill 275.

SENATOR STEVE OGDEN: Mr. President and members I move to adopt a conference committee report on House Bill 275. The conference committee report appropriates $3,198,661,121 out of the rainy day fund for the purposes of covering the current biennial deficit. Members the good news about what I am reporting to you today that if we vote to pass House Bill 275, if we pass House Bill 4, which has several hundred million dollars of new appropriations, if we pass 1811 and we pass the conference committee report on House Bill 1, it will all balance and I confirmed that today with both LBB and the comptroller's office and so each one of these votes which is a piece of the larger hole is important and when it's all done we will a balanced budget for the state of Texas. I move to adopt the conference committee report on House Bill 275.

SENATOR KEVIN ELTIFE: Senator West for what purpose?

SENATOR ROYCE WEST: Question of my brother.

SENATOR KEVIN ELTIFE: Senator Ogden yield?

SENATOR STEVE OGDEN: Yes I yield.

SENATOR ROYCE WEST: Now, we're talking about spending the rainy day fund?

SENATOR STEVE OGDEN: Yes, sir.

SENATOR ROYCE WEST: Okay. And let's talk about the rainy day fund one more time before we pass this and well probably talk about it one more time after this too. All the processes they hear concerning the economy that the economy turning around and that we're going to have more money in the rainy day fund. I think you and I have even talked about what we believe the balance is going to be after the upcoming fiscal year.

SENATOR STEVE OGDEN: Yes, sir.

SENATOR ROYCE WEST: What do you think that balance is going to be?

SENATOR STEVE OGDEN: Well, based on the comptroller's -- now, this is the balance and the rainy day fund as of September -- August 31st, 2013.

SENATOR ROYCE WEST: Right.

SENATOR STEVE OGDEN: : Okay. So it's two years. The comptroller estimates it to be $9.7 billion. That would be the balance and we don't draw down any money. I think it's likely to be at least a billion dollars higher but that's just an opinion.

SENATOR ROYCE WEST: And that's after we spend the 3.1.

SENATOR STEVE OGDEN: No it's before.

SENATOR ROYCE WEST: So before we spend the 3.1, the estimate is nine? And to we spend the 3.1 it's going to be around six.

SENATOR STEVE OGDEN: Six, six and a half.

SENATOR ROYCE WEST: Okay, I thought we were talking about it being about 12 billion?

SENATOR STEVE OGDEN: Well, at one time on the floor when I asked y'all to pass a contingency of $3 billion in order of House Bill 1 I estimated that the rainy day fund could be as high as 12,000 and I did.

SENATOR ROYCE WEST: What's the change between that time and now?

SENATOR STEVE OGDEN: Nothing. I still think it could be that high.

SENATOR ROYCE WEST: You still think it's going to be about 12 billion?

SENATOR STEVE OGDEN: It's just an educated guess.

SENATOR ROYCE WEST: An educated guess, I mean that educated guess we've been following your judgment and your guess on a lot of different things.

SENATOR STEVE OGDEN: : The educated guess is I've been in the oil and gas business for 30 years and I am not broke.

SENATOR ROYCE WEST: That a -- wait, I didn't understand that one.

SENATOR STEVE OGDEN: Well, most of the money that comes from rainy day fund is oil and gas production. I've been doing this for three years. I know a little bit about that, I am not broke, so it's an educated guess.

SENATOR ROYCE WEST: Oh, you're not broke. I thought you said you were about broke. So you think it's going to be about 12 billion. So given the fact that you think it's going to be about 12 billion and we have been following your lead in finance. Many of us taking your advice, don't you think we ought to use a little more of that rainy day fund for the education in the state of Texas?

SENATOR STEVE OGDEN: Yes I have but what we're using the rainy day fund now is to cover the current biennial deficit.

SENATOR ROYCE WEST: And that's what this is talking about.

SENATOR STEVE OGDEN: For an -- I am happy to report that this is all we need to use to cover the current deficit.

SENATOR ROYCE WEST: To coffer the current deficit. Okay. We'll talk about it a little later. Thank you, sir.

SENATOR KEVIN ELTIFE: Thank you Senator West. Senator Nichols for what purpose?

SENATOR ROBERT NICHOLS: To ask Senator Ogden a question.

SENATOR KEVIN ELTIFE: Senator Ogden yield?

SENATOR STEVE OGDEN: I yield.

SENATOR ROBERT NICHOLS: Senator Ogden I was just going to -- I appreciate, we all really appreciate the work you put in on this. I'm supportive of this but I wanted to ask the question. If we pass this and then we got several other bills I understand we have to pass but we still have the issue of education funding formulas. What happens if that did or doesn't pass, what happens in connection with --

SENATOR STEVE OGDEN: This bill independent of the other bills because the purpose of this bill to cover a portion of the current deficit which is 3.9 billion and I am happy to report in order for us to cover the current deficit of 3.9 billion all we have to do is appropriate $3,199,000,000 of the rainy day fund.

SENATOR ROBERT NICHOLS: Thank you.

SENATOR KEVIN ELTIFE: Thank you Senator Nichols. Members Senator Ogden has moved adoption of the conference committee report on House Bill 275. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays conference committee report on House Bill 275 is adopted. Thank you Senator Ogden. Senator Ogden recognized for a motion to suspend the regular order of business on committee substitute to House Bill 4.

SENATOR STEVE OGDEN: Mr. President and members, this is a yore piece of legislation and I move to suspend the regular order of business to take up and consider the Committee Substitute to House Bill 4 House Bill 4 reduces general revenue and general revenue dedicated funding in the Texas for fiscal year 11 by $1,457,000,000 million and net $802 million of general revenue related savings which combined with a 2.2 economic stabilization fund in House Bill 275 completely closes the fiscal year 11 deficit. I will offer a floor amendment that reflects an agreement with the House on all appropriations for this education and this is important members. We have been negotiating this bill until the last possible moment and it is grayed to bill with the House and it's my understanding that if we pass it out here, the House will concur. The language of House Bill 4 that was voted out of finance committee remains largely in tact. There is a yore floor amendment and the substantive change to that language is the decision to remove the rainy day fund appropriation from this bill. We were able to pay for all appropriations from fiscal year 11 to 13 without needing any more of the rainy day. With may floor amendment several fiscal year 11 supplemental deeds are addressed. Most importantly the foundation school program where we appropriate $550 million to fund the foundation school program shorter fall. We also appropriate $81 million for four services to coffer the cost of fighting wild fires in West Texas, $57 million to settle up with Correctional Managed Health Care providers, that's the University of Texas medical branch in Galveston and Texas Tech. $2 million to allow the TSTC Waco to repair a building in accordance with the attorney general settlement, and one and a half million to the facilities commission for higher than expected utility cost. In order to close out House Bill 1 negotiations, the conferees agreed to move the remaining $225 million of funding decisions on higher education to House Bill 4. The largest issue was the restoration of the health related institutions funding and almost all of that money goes to restoring approximately half of the cuts to our health related institutions that were made in the base bill. Therefore you'll see lump sum appropriations to each of the health related institutions. Our primary goal of these appropriations was to restore the formula for health relate institutions to the Senate levels as passed out of here last month, to retore special item reductions from a 25 percent cut to 20 percent cut for 2000 -- compared to 2010, 11 and to ensure that the new health related campuses sustained only a 15 percent cut of their special items. Each one of those funding items is on a sheet of paper that is on your desk and it goes through not only the spending reductions but also the re appropriations and I'll be happy to answer any questions. I move to suspend the regular order of business.

SENATOR KEVIN ELTIFE: Senator Watson for what purpose?

SENATOR KIRK WATSON: Quick question.

SENATOR KEVIN ELTIFE: Senator Ogden yield?

SENATOR STEVE OGDEN: I understand.

SENATOR KIRK WATSON: Senator I understand what you said in terms of the potential amendment. Is it your intention for that to be the only amendment to HB4 and what I mean by that is are you anticipating and would you accept any amendment that would for example SB22 or some other bill being offered as part of HB4 or are you going to leave it just the way you described it in.

SENATOR STEVE OGDEN: I'm going to leave it just the way I described it and it's important to not change it because it's agreed to at the House.

SENATOR KIRK WATSON: I understand I just --

SENATOR STEVE OGDEN: No, there's no intention to put on a school finance bill or anything of that nature. There are a couple of amendments up there which I would call perfecting amendments. One is that we left out an appropriation to the Baylor College of Medicine and we're going to have to put that back in the bill and there's one other one that has to do with funding about $330,000 for a program that we left out of the bill but no substantive changes beyond floor amendment.

SENATOR KIRK WATSON: And no taking from other finance bills and putting it on this finance bill?

SENATOR STEVE OGDEN: No, sir this bill has got to come out of here clean.

SENATOR KIRK WATSON: Thank you very much.

SENATOR KEVIN ELTIFE: Thank you Senator Watson. Members Senator Ogden has moved suspension of the regular order of business to take up and consider committee ut to House Bill 4. Is there objection? Chair hears none, rules are suspended. The Chair lays out on second reading Committee Substitute House Bill 4. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 4 relating to making supplementing appropriations and giving drecks and adjustment authority regarding appropriations.

SENATOR KEVIN ELTIFE: Senator Patrick for what purpose?

SENATOR DAN PATRICK: I wanted to talk before suspension but it's fine. I wanted to ask the author a question and if he would be patient as we try to work up an amendment.

SENATOR STEVE OGDEN: Oh you know me.

SENATOR DAN PATRICK: You are a patient man.

SENATOR STEVE OGDEN: I'll be patient.

SENATOR DAN PATRICK: Senator, help me through understanding an issue that in finance committee we voted to take out $25 million of the major event fund which was focused on the formula racing in Austin and we took it out of the next budget but yet in this HB4 that you presented, it's $10 million, this would be line -- this would be line No. 12 controller fiscal programs because the more I learn about it and that's why we're a little low on the amendment. The more I learn about this the more complicating this is that the comptroller is actually sitting on about 35 million now and although we voted ten to four I believe was the vote in committee to take that money out and it's not because I have anything against auto racing or the city of Austin, I love both, it's just that that's equal to 500 teacher jobs and it seems to me at a time when we're cutting the budget by 15 million when I support to live within our means, that we shouldn't be giving the comptroller million for a special project. If we did that then I could argue that El Paso and San Antonio and Dallas and Fort Worth and Houston and everyone should old get something from the taxpayers and I won't support it for my own city. So would you help the members understand this transfer of money because it seems to me that she has been telling people that she has 25 million but I am not so sure she has 25 million. So would you walk this for me the best you can?

SENATOR STEVE OGDEN: Yeah, and what I'd like to do since you're going to have an amendment, basically try and capture that 25 million right?

SENATOR DAN PATRICK: Correct.

SENATOR STEVE OGDEN: And I think the best time to discuss it is with the amendment, I'll tell you in general on your sheet if you go to House Bill floor amendments and you go to ten, I mean no it's No. 12 comptroller fiscal programs and minus 10 million, she has $25 million that we appropriated last biennium that we have not spent. This bill is reducing that 25 to 15 and so it's hon here as a $10 million savings. However she has another 10 million that's sitting outside the treasury and we transfer that money back into the treasury so she'll have her 25 million back but we'll have a 10 million-dollar savings. The total amount of money she had available was 35 and with this bill we're taking ten.

SENATOR DAN PATRICK: So she would be left with 25 and again this is a complex issue but by statute she didn't have the authority to take this 25. It's my understanding, I mean she's been going internationally telling everyone, I have $25 million to spend and that's going back some time. That's really not totally accurate and I am not trying to go to war with the comptroller --

SENATOR STEVE OGDEN: Good.

SENATOR DAN PATRICK: What I'm trying to do is be responsible. What I'm trying to do is be responsible in the money we spend.

SENATOR STEVE OGDEN: Well, I think I'll be happy for you to lay out your position and we'll date and when -- at the appropriate time if that's okay.

SENATOR DAN PATRICK: It is. I didn't know if there were any other amendments.

SENATOR STEVE OGDEN: There's several.

SENATOR DAN PATRICK: There are. Okay. Thank you.

SENATOR KEVIN ELTIFE: Senator Van de Putte for what purpose?

SENATOR LETICIA VAN DE PUTTE: Will the gentleman yield for a question?

SENATOR STEVE OGDEN: I would yield but what I would like to ask you is bring up floor amendment No. 1 which is the Committee Substitute and I think that's what you have a question on.

SENATOR LETICIA VAN DE PUTTE: That's correct, I'll wait until the amendment.

SENATOR STEVE OGDEN: So if we could lay out the amendment.

SENATOR KEVIN ELTIFE: Well, recognize you first Senator Van de Putte. The Chair lays out the following amendment. Secretary read the amendment.

PATSY SPAW: Floor amendment No. 1 by Ogden.

SENATOR KEVIN ELTIFE: Senator Ogden to explain the amendment.

SENATOR STEVE OGDEN: Mr. President and members, floor amendment No. 1 is reflected in your floor amendment package with several dozen different sections all of which basically true up this bill by add justing the actual budgetary reductions for many state agencies but also doing something I think is very significant. Two things that are particularly significant. One is sending an additional $550 million to the foundation school program to cover lower than anticipated property tax growth in our state and a major effort to restore a little bit over $200 million in funding for our health science centers and if you do vote for this, then the budget recommendation reductions that are in House Bill one which are proximately $400 million will be cut in half and our health science centers I believe will be funded at a level that's approximately 5 percent below what their current base year funding is. Which is a major improvement and a pretty significant establishment by this legislature.

SENATOR KEVIN ELTIFE: Senator Van de Putte for what purpose?

SENATOR LETICIA VAN DE PUTTE: Thank you will the Senator yield?

SENATOR KEVIN ELTIFE: Senator Ogden yield?

SENATOR STEVE OGDEN: I yield.

SENATOR LETICIA VAN DE PUTTE: Thank you Senator and let me thank you for put things on our desk before the break and giving us the opportunity to actually look at the documents. The most important thing for me is what happens with TEA and the state textbook fund, the fund 193 and I want to make sure I got this correct. We're going to reduce the textbook fund by 10 million and the 2011 appropriation for the foundation school fund 193 by 50.

SENATOR STEVE OGDEN: Where are you seeing that?

SENATOR LETICIA VAN DE PUTTE: I am looking at the LBB, the fiscal note that was attached to this. So I'm looking at the fiscal note. So what I'm looking at is I understand what the overall numbers are but I am looking at the fiscal note for this on page two of the fiscal note and I want to make sure I understand what we're doing. We're transferring from one on the payment so on the fiscal note for --

SENATOR STEVE OGDEN: The date on that fiscal note is May the 2nd, 2011?

SENATOR LETICIA VAN DE PUTTE: That's correct. Do we have an updated fiscal note on this?

SENATOR STEVE OGDEN: Well, it's going to be completely different because this floor amendment, that fiscal note not based on this floor amendment.

SENATOR LETICIA VAN DE PUTTE: Let me ask you. With regard to the -- I know it's different with all of the health science centers and all of that but what I'm most F you lack at that old fiscal note, can you tell me the difference in the method of finance for different funds. The LBB note says that on May 2nd at least that we were tacking 10 million from the state textbook fund No. 3 can then we were also take 193 which is the foundation school fund 50 million but that was 11. Bun then we were on the backside going to appropriate 600 million from fund 193 for the next biennium, and that would be a net appropriation for the FS -- the foundation school fund for 549 million. So my question is, is this still correct with what your amendment is or is this?

SENATOR STEVE OGDEN: Senator it is not correct and I am going to ask my staff to send me a note to get this exactly right but what we're doing with respect to the textbook funds and I think we're doing it and the only reduction that I am aware of to the Texas education agency is line -- well it's under section one appropriation reductions and you see that $30 million from the Texas Education Agency and it's unexpended funds. I don't thing any of those are textbooks.

SENATOR LETICIA VAN DE PUTTE: So in your amendment --

SENATOR STEVE OGDEN: But let me finish. The -- in House Bill 4. I mean House Bill 1 we appropriate $300 million for textbooks. And I was looking for it in this bill but according to -- and it's in here more but according to the TEA, they have $182 million of unexpended textbook funds in the current biennium. We are reappropriating that money in this bill and are authorizing them to spend that money in the next biennium is what we're doing and allow them to use that money in conjunction with the $300 million funding the new and instructional allotment program that we passed the other day. Now, if I can't do this, the page zero of the committee printing if we'll go to that. It doesn't say. I think it's on the committee bill on page ten. If you go to the committee printing of the bill on page ten, it refers to a reduction at the TEA and I think that's maybe what you're asking me about. Texas education agency 50 million from the foundation school program appropriates from the general revenue, blah, blah, blah. I think that's what you're asking me about. What that is part of the agency's 5 percent and two and a half percent reductions you know those cuts? That was the agency's shares of those cuts. But then back on page 12 you a restoration of funding for textbooks. So --

SENATOR LETICIA VAN DE PUTTE: So -- and I just want to make sure what we're doing is taking some unextended balances, we're taking this and then we're adding on top of it so there is a net gain and I just want to know what the --

SENATOR STEVE OGDEN: Well, the net gain is in that 550 million-dollar appropriation we're making to the TEA. But the cuts that you're talking about are part of the five and two and a half percent cuts that were previously made.

SENATOR LETICIA VAN DE PUTTE: Okay.

SENATOR STEVE OGDEN: Now, if you go to section 11 of the committee printing it says Texas education agency instructional materials appropriation of 184 million, that is money that we are not basically sweeping. It's money that they haven't spent yet, we're reappropriating it to that it's available for the new instructional materials allotment.

SENATOR LETICIA VAN DE PUTTE: Got it. That's --

SENATOR STEVE OGDEN: At the end of the day they're getting more money.

SENATOR LETICIA VAN DE PUTTE: This is exactly the answer I wanted to hear and that's what it looks like but I wanted to make sure. I thought even with you're amendment that that stayed relatively the same. That we're getting about 550 million more into that foundation school fund.

SENATOR STEVE OGDEN: Yes, ma'am and if you net it out it may be 500 based on what we talked about but we appropriated an additional 550 million.

SENATOR LETICIA VAN DE PUTTE: Thank you. My question on the amendment. It just struck me a little odd on page ten of the amendment, and in the pattern that we go through on the higher Ed section all the medical schools. We have met, we also have MD Anderson and Southwest and Health Science Center of Houston, and then on page ten line five, in the section for Health Science Center in San Antonio, it says money appropriated by this section may be spent only with prior written approval of the LBB and I didn't see that for any other medical schools and so I didn't know why the Health Science Center in San Antonio had an additional requirement to get permission from the LBB.

SENATOR STEVE OGDEN: I guess it's because we're showing the love. As I told Senator Watson, this bill was negotiated at length with the House and that provision was put in there at the request of the House and I don't think it's likely that that appropriation will be withheld. I am not exactly sure why the House requested it but I did not object to it as part of the negotiation.

SENATOR LETICIA VAN DE PUTTE: So even though the Health Science Center in San Antonio is going to have to go through this extra step, they do get amendment of 8 million as does most of the other in FY11 that looks like on the explanation of the floor amendment and then it's a total of about 16-point, about 800,000 for the institutional operation but with request from the LBB and I just -- to you foresee any reason why the LBB wouldn't give permission for the health --

SENATOR STEVE OGDEN: No, none, I am not aware of any reason why on the Senate side there would be any effort at all to withhold that permission. If you look at the UT Health Science Center on the second page, the total increase is just about is almost million and 16 million of that appears to require LBB approval which I think would be almost certain.

SENATOR LETICIA VAN DE PUTTE: Well thank you for your answers on this and I appreciate this. I know it's complex and I really appreciate having this before the break to we could have a chance to look at it. I don't have any other questions. Thank you Mr. President.

SENATOR KEVIN ELTIFE: Thank you Senator Van de Putte. Senator Lucio for what purpose?

SENATOR EDDIE LUCIO: Will Senator Ogden yield?

SENATOR STEVE OGDEN: I yield.

SENATOR EDDIE LUCIO: Senator, on page four of your floor amendment in lines 20 through -- ten through 20 exhume, there's a new section calling for a rural land evaluation lines ten through 20 on page four by the Texas department of agriculture for quote for an assessment of the impact of illegal activity along the Texas Mexico border on rural landowners and the agricultural industry to develop recommendations to enhance border curet. My question -- and of course what this does it authorizes -- it authorizes the commissioner to use funds within those appropriated for the budget of 2000 -- for the -- in connection with biennium and my question is to the term impact in order to establish legislative intent is it your intent Mr. Chairman that the term impact include the economic consequences and the detrimental financial effect and result of illegal activities on rural landowners and the agricultural industry?

SENATOR STEVE OGDEN: Yes.

SENATOR EDDIE LUCIO: Thank you Mr. Chairman. Mr. President if I may I'd like to move that the dialogue and exchange between senator Ogden and myself be reduced to writing to be included in the Senate journal today. Thank you.

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

SENATOR EDDIE LUCIO: Thank you.

SENATOR KEVIN ELTIFE: Members the next is an amendment to the amendment. Should already be on your desk by Ogden. Secretary read the amendment.

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

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

SENATOR STEVE OGDEN: Members we have a program at the office of court administration of Texas judicial counsel that tries to assist counties in improving the collection of courts, fines and fees in order to administer that program we need to appropriate $337,000 to the office of court administration. That's what floor amendment No. 2 does. I move adoption of floor amendment No. 2 to amend floor amendment No. 1.

SENATOR KEVIN ELTIFE: Senator Ogden one minute please. Senator Birdwell you do not have the amendment? It was put on your desk earlier. We'll give the members one minute. Members Senator Ogden has moved adoption of floor amendment No. 2 amending floor amendment No. 1. Is there objection? Chair hears none, the amendment to the amendment is adopted. The following amendment. Floor amendment No. 3 amending floor amendment No. 1. Secretary please read the amendment.

PATSY SPAW: Floor amendment No. 3 by Senator Ogden.

SENATOR KEVIN ELTIFE: Senator Ogden to explain the amendment.

SENATOR STEVE OGDEN: Members one of the biggest changes in the floor amendment is we increased formula funding at our institutions of -- at our health related institutions and we inadvertently left out Baylor's share of -- their pro rata share of that increase. What this amendment did is appropriate $4,100,000 to the higher education coordinating board for the state fiscal biennium for the Baylor college of medicine. I move adoption of amendment No. 3 to floor amendment No. 1.

SENATOR KEVIN ELTIFE: Members Senator Ogden moves the adoption of floor amendment No. 3 amending floor amendment No. 1. Is there objection? Chair hears none, floor amendment No. 3 adopted. The following amendment. Secretary please read the amendment. Members mow we're on adoption of floor amendment No. 1. We just adopted floor amendment No. 3 amending one. Now, the motion by Senator Ogden is on the adoption of floor amendment No. 1.

SENATOR STEVE OGDEN: Members I move adoption of floor amendment No. 1 as amended.

SENATOR KEVIN ELTIFE: 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. 4 by Estes and Lucio.

SENATOR KEVIN ELTIFE: Members we're going to make sure everybody has this amendment on their desk before we explain it.

SENATOR STEVE OGDEN: Mr. President.

SENATOR KEVIN ELTIFE: Yes Senator Ogden.

SENATOR STEVE OGDEN: : This language is in floor amendment No. 1. I don't think it's necessary.

SENATOR KEVIN ELTIFE: Senator Estes you're recognized on floor amendment No. 4. Senator Ogden ace this language already in the amendment adopted. Senator Estes you're recognized on floor amendment No. 4.

SENATOR CRAIG ESTES: I'd like to withdraw at this time.

SENATOR KEVIN ELTIFE: Thank you Senator Estes. Members floor amendment No. 4 is withdrawn. Members we're going to hold, we're waiting on another amendment. The following amendment. Secretary please read the amendment.

PATSY SPAW: Floor amendment No. 5 by west.

SENATOR KEVIN ELTIFE: We'll wait until everybody has the amendment on their desk. Senator West to explain floor amendment No. 5.

SENATOR ROYCE WEST: Can we have some order Mr. President?

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

SENATOR ROYCE WEST: Members, we have talked about the use of the rainy day, and I know that Senator Ogden has said that a deal between the House and the Senate but many of you still have to have a deal with your constituents back home. You've read the headlines in terms of the number of teachers that will be laid off. Some of those individuals go to church with you each and everyday. So the question is whether or not we want to use some of the rainy day fund in order to put some money into our school systems. This particular bill, this particular amendment proposes putting 1.1 billion into our foundation school program. Well, Senator West, what will it do? Members what it will do is the following. The basic allotment, the basic allotment would end up being $4,905 as opposed to $4,596. Does that make a difference for your schools? Yes, it does. And so the question is whether or not we want you as a Senate body decide to say that as a body we want to spend an additional 1.1 billion of the rainy day fund in order to put it directly into our public schools. We know there's been many of you that have talked about issue of how in the world --

SENATOR KEVIN ELTIFE: Senator West excuse me. Could we please have a little order on the floor please? Thank you. Go ahead Senator West.

SENATOR ROYCE WEST: We've talked about getting back on formula funding. We have talked about all of the school districts that are beneath the average level of funding. In fact I think Senator Deuell pointed out what the variations are in our respective districts. Members, not the silver bullet, the public school finance as many of you know that's the issue right now and it's holding up whether or not we're going to have that final budget. But what this will do is send a signal from the Senate that we want to use some additional money out of the rainy day fund in order to fund our public schools. I move adoption.

SENATOR KEVIN ELTIFE: Thank you Senator West. Senator Ogden on floor amendment No. 5.

SENATOR STEVE OGDEN: Members I appreciate Senator West's sentiment here. To a certain extent we've debated this previously when we had $3 billion of additional rainy day fund being contingent upon appropriations in House Bill 1 as it came out of committee that you voted for. We also debated it with respect to the 3.9 and I think that if left to our own devices this would be a good thing. But we cannot achieve agreement on this floor and we have no agreement in the House on doing this and so I would move to table.

SENATOR KEVIN ELTIFE: Senator West to close.

SENATOR ROYCE WEST: Parliamentary inquiry before I close.

SENATOR KEVIN ELTIFE: State your inquiry.

SENATOR ROYCE WEST: What did it mean to table? Does it mean we don't want to face up to it? What does it mean? We don't want to face up and take a vote on it? What does move to table mean?

SENATOR KEVIN ELTIFE: Motion to table takes a higher precedent and is not debatable.

SENATOR ROYCE WEST: I'm just trying to figure out what it means though, that we don't want to consider it?

SENATOR KEVIN ELTIFE: We just gave your answer. We just answered your question.

SENATOR ROYCE WEST: Okay, we don't want to consider it. Okay. Members if you don't want to consider it, then table it, but make certain when you go back home that you tell your constituents some of those school teachers that are being laid off that you decided to table this particular amendment because we didn't get an agreement with the Senate -- I mean the House. The reality is we need to as a body take a position as to whether or not we believe that additional money should come out of the rainy day fund in order to fund education in the state of Texas. I'd move not to table.

SENATOR KEVIN ELTIFE: Thank you Senator West. Members the motion is by Senator Ogden to table floor amendment No. 5. The secretary will call the roll.

SENATOR KEVIN ELTIFE: Seventeen ayes, 14 nays, the motion to table prevails. Members we're waiting on another amendment. Members we have the amendment. The following amendment. Secretary please read the amendment.

PATSY SPAW: Floor amendment No. 6 by Patrick.

SENATOR KEVIN ELTIFE: We'll go slow members and make sure everybody has the amendment on their desk before we proceed. Senator Patrick to explain the amendment.

SENATOR DAN PATRICK: Members, this amendment was a little complicated to put together and it was just recently that we were able to work on it, that's the way it looks the way it does. Both the underlined portion and the written portion would be effective, and what this basically does is tack the $10 million back and in the written sex, the underlined section, the appropriations to the fiscal controllers public account for the state fiscal year ending in 2011 that would sweep the 25 million saving the taxpayers million from going into the special events fund for formula racing in committee. We voted to take this out ten to four and since then quite frankly there were some statements made by staff at the comptroller office, well, we've got our money and basically telling the legislature it wasn't our business and I think it is our business. This represents 500 teachers' pay, and I think at a time when we're cutting 15 million and asking people to cut, while I am a great fan of Austin, a great fan of racing, we should not be spending $25 million to fund this event with tax payer money from across the entire state.

SENATOR KEVIN ELTIFE: Senator Ogden on floor amendment No. 6.

SENATOR STEVE OGDEN: Mr. President and members, I too have been criticized in my district for this special events trust fund money that seems to be set aside for something that a lot of my constituents think is unimportant. However the devil's always in the details. The money that Senator Patrick is attempting to capture, if you will, as a savings will not be a savings to the bill according to the comptroller. The comptroller views this money as having been previously appropriated and is only to be used if the economic activity that's generated exceeds the -- and the taxes that are generated will exceed the amount of money that was actually appropriated. That's a lot of talk but at the end of the they this money doesn't save us anything and the way we account for our budgetary items and so it becomes not a substantive issue with respect to the budget but more of a political statement and commentary on whether that is good idea or not. Now, the comptroller has worked very closely with us in crafting this budget. You may realize that she's increased her revenue estimate since January by $1.6 billion and since this $25 million will not be a factor in our balancing this budget or the next budget and out of courtesy to her, I would move to table floor amendment No. 6.

SENATOR KEVIN ELTIFE: Senator Watson for what purpose?

SENATOR KIRK WATSON: I'd like to ask a question of chairman Ogden.

SENATOR STEVE OGDEN: I withdraw my motion.

SENATOR KIRK WATSON: Thank you. Mr. Chairman I want to make sure I understand what you just said because obviously this is a very important issue. As I understand it, there's $10 million sitting in the special events trust fund.

SENATOR STEVE OGDEN: Outside the treasury.

SENATOR KIRK WATSON: Outside the treasury. This amendment by Senator Patrick cannot impact that $10 million.

SENATOR STEVE OGDEN: Doesn't. No, sir.

SENATOR KIRK WATSON: Okay. Then there's $25 million that was appropriated for the 2010, 2011 biennium and as I understand it what this would do is his amendment would do is it would take out that $25 million.

SENATOR STEVE OGDEN: That's the way I understand the amendment.

SENATOR KIRK WATSON: As you have it in HB4, you're taking out 10 million -- ten of the million.

SENATOR STEVE OGDEN: Well, actually it's in -- yes that's right.

SENATOR KIRK WATSON: Okay. So that's why you should have a 10 million savings so it would leave a UB of 15 million; is that right?

SENATOR STEVE OGDEN: Before or after Patrick amendment?

SENATOR KIRK WATSON: I am talking about before the Patrick amendment.

SENATOR STEVE OGDEN: I think the UB is 25 because we moved the ten in and then we UB --

SENATOR KIRK WATSON: I see. Oh, let me make sure I understand the math on that there's billion -- I'm sorry 10 million in the trust fund outside the treasury. There's currently 25 million of appropriated money for the major events trust fund but is located in the comptroller's budget.

SENATOR STEVE OGDEN: That's right.

SENATOR KIRK WATSON: And what HB4 did is it says you're going to move the 10 million from the major events trust fund pa her budget and then reduce her budget by another 10 million.

SENATOR STEVE OGDEN: That's right.

SENATOR KIRK WATSON: So she'll have a UB of 25 if the Patrick amendment doesn't go on.

SENATOR STEVE OGDEN: That's correct.

SENATOR KIRK WATSON: If the Patrick amendment goes on she'll have no unextended balance for the major event trust fund but there will be ten in the major events trust fund.

SENATOR STEVE OGDEN: I think if the Patrick amendment goes on it's zero because we -- because previously we already taken 10 million and if Patrick takes the res of it 25, it will be zero.

SENATOR KIRK WATSON: I see. So there will be no -- I see what you're saying. Now, having understanding that, you then say that it means no savings, if this amendment goes on it means no savings to the budget and I want to make sure I am clear on that because -- we'll explain how it is there can be no savings if 25 million comes out of appropriations.

SENATOR STEVE OGDEN: This reminds me of a question that I asked Representative Janell back in 1995 and I'll give you the answer. I said how can the comptroller no cost the budget when we were talking about an expenditure for health care programs? East Texas out of UTMB back in '95 a similar question to what you asked. This is the answer. When you're God, you can do whatever you want.

SENATOR KIRK WATSON: Okay. I was afraid that that was the answer. That was not -- I really was worried that was going to be the answer. So what the answer is it's basically the way we talked about it, the way she talks about it, the way it gets put on the books, the way -- well let's just say it, the tricks we do in budgeting and accounting; is that right?

SENATOR STEVE OGDEN: Well, I wouldn't want to go say tricks. I think the constitution delegates to the comptroller the authority to make sure revenues equal or exceed appropriations. There is a certain amount of latitude in that, that power is vested in the comptroller, and in my opinion she's not abusing her constitutional power on $25 million if she says it doesn't count as far as our balancing provisions are in the budget.

SENATOR KIRK WATSON: Well, then let's come at it from a different direction. It's still million real dollars.

SENATOR STEVE OGDEN: It is.

SENATOR KIRK WATSON: And if we assume for purposes of discussion that it's 25 million real dollars, even though she may not account for it as part of accounting discussion here, it's 25 million real dollars going to be used for something else.

SENATOR STEVE OGDEN: Well, only if you appropriated it. The second part of this action is you know Senator Patrick basically says talk it away, well, where did it go? Well, it still stays in general revenue, doesn't go any place, still sits there. The only way we could make the case that it's phoney accounting if you will, is if you turned around and appropriated $25 million the -- the 25 million that you're basically taking out of the account turn around, expend it somewhere else. Then she says, well, that spending doesn't count. But all this amendment does is it basically appears to take away her legislative authority to use that money to bring in special events, it doesn't take the money away. It's still there, it's till in general revenue, still counts just like those general revenue dedicated funds still counts. So once again, if we're not reappropriating this money then from a fiscal matters point of view it's meaningless.

SENATOR KIRK WATSON: If the $25 million stays in the general revenue and doesn't get appropriated -- if we follow the thought process and Senator Patrick's amendment goes on and there's $25 million of real dollars that doesn't get spent for the major events trust fund, and it doesn't get -- so it just stays in the general revenue and it unappropriated for this biennium, it would be money available for the next biennium.

SENATOR STEVE OGDEN: Well, only if spends it this biennium but I don't think she's going to spend it and the reason is is that she won't spend it until whoever is drawing this thing down can prove that they're going to generate as much or more money through their activity than what she gives them.

SENATOR KIRK WATSON: I understand and I understand the way it's supposed to work and I have frankly answered a lot of constituents' questions about F1, where there's been all this talk about how that money's already been committed but under the statute, it can't already have been committed and it can't even already -- the application for it couldn't have even come in because it was set up so the economics on the thing would never have grown stale at the time it needed to be done. I guess my concern and what I am trying to figure out before I vote on this, what I am trying to make sure what I feel comfortable with is if it's $25 million in real money -- let me use this specific example. Would that mean that there's $25 million less of a hole for Medicaid?

SENATOR STEVE OGDEN: No.

SENATOR KIRK WATSON: Tell me how that is. If there's 25 million real dollars that doesn't get spent or set aside for a specific purpose such as the major events trust fund, and it stays in general revenue, wouldn't at least plug $25 million of Medicaid hole in because you told us of the hole we're going to have.

SENATOR STEVE OGDEN: Only if we appropriate it for Medicaid.

SENATOR KIRK WATSON: But when the time -- as you explained to us, we're going to get into the next biennium and we're going to fall -- we'll be behind on Medicaid by quite a bit more than 25 million, won't that money then be available to use for that? I'm trying to figure out what the real dollars are here and not the accounting --

SENATOR STEVE OGDEN: And they're real dollars. There's $25 million that is in a general revenue. It's in a general revenue dedicated account called the major were events trust fund 0869. To the extent that it's not spent, in most cases it counts for certification, it counts for certification just like what we've been talking about other under general revenue dedicated accounts. If we don't spend the money the difference between what's in the account, well, we don't spend accounts for certification.

SENATOR KIRK WATSON: And he's talking about taking that out of there and putting it in general revenue.

SENATOR STEVE OGDEN: I think that's what this amendment does. Basically an attempt take money out of the general revenue dedicated account, put it in general revenue but since we're not appropriating it from a fiscal standpoint, it doesn't make any difference. The only way it would make a difference is if we took this 25 million and spent it on something else.

SENATOR KIRK WATSON: Well, and obviously I've got a real issue here. I mean, I really believe that there is a great economic development opportunity and benefit to having these funds available. These economic development opportunity funds available to attract these different events. I believe that the mission of the major events trust fund, the purpose of the major events trust fund is a good mission and purpose and I believe that brings F1 to central Texas is going to be a wonderful and great opportunity for the state of Texas and central Texas specifically. On the other hand I am very troubled by the budgets that we're passing here as you and I have had a lot of discussions about and I really think that the state's ongoing budget crisis poses an immediate threat to our school children, our teachers, our hospital and a lot of others and we spent this session talking about priorities and I am real concerned that we cannot prioritize funding on an annual sporting event, no matter how exciting it might be and how much it might do when we're not funding basic necessities. And so I'm real troubled by that and it bothers me greatly that we're left going ahead and voting for it and because it doesn't mean anything on the accounting books even though it's $25 million. Austin Independent School District, and I don't have the numbers right here in front of me, but Austin Independent School District under SB22 stands to lose in the first year more than $25 million and so I'm -- I am very troubled by what this raises and I appreciate you answering my question.

SENATOR STEVE OGDEN: Okay. Senator Harris for what purpose?

SENATOR CHRIS HARRIS: May I ask Senator Patrick a question?

SENATOR KEVIN ELTIFE: Senator Patrick yield?

SENATOR DAN PATRICK: Absolutely Senator.

SENATOR CHRIS HARRIS: Senator Patrick if I'm not mistaken city of Houston has used this fund for Super Bowl, they've used it for Final Four. What other events are they used it for Senator?

SENATOR DAN PATRICK: Senator, I've been very consistent during my life, I oppose spending tax payer money to build the stadium where the Astros play, I opposed spending taxpayer money to build the arena where the Rockets played. I oppose taxpayer backup for the racetrack. I have always opposed pending taxpayer money to support these events. I have always stood for them.

SENATOR CHRIS HARRIS: Well, you all taken numerous advantage of this and now to come in when there's already other projects out there. Senator, I feel it's almost shameful. Thank you Mr. President.

SENATOR KEVIN ELTIFE: Thank you Senator Harris. Senator Ogden on floor amendment No. 6.

SENATOR STEVE OGDEN: Members we've had a healthy discussion. I want you to remember three things. First thing is if you're serious about this issue in my opinion, the correct thing to do is to repeal the statute. It's not to basically offer an amendment to an appropriations bill that makes no difference to the appropriations in the state of Texas. The correct way to do it is to repeal the statute. Second thing is that Senator Patrick is attempting to take 35 million from a special events trust fund when you have already avoided -- and make it and run it down to zero, we've already, the fund actually was 35 million and you have already voted to take ten and the third thing is that if the comptroller's responsibility to certify the budget and she says that if this amendment goes on, it will make no difference with respect to certifying the budget and for those reasons I move to table floor amendment No. 6.

SENATOR KEVIN ELTIFE: Senator Ogden, I know you have made your motion to table. Senator Watson would like to ask one more question if you're agreeable.

SENATOR STEVE OGDEN: I withdraw my motion to table again.

SENATOR KIRK WATSON: I appreciate that.

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

SENATOR KIRK WATSON: Thank you very much for doing that. You just offered an alternative and that would be to repeal the whole statute. There may be time when is we want that whole statute there. Let me ask this though. If the issue is that it's not appropriated, that it's 25 million in real dollars, could that 25 million in real dollars be appropriated to the foundation school program?

SENATOR STEVE OGDEN: Yes.

SENATOR KIRK WATSON: Would you be willing to wait and allow for an amendment to the amendment that would then take that and then appropriate it to the foundation school program?

SENATOR STEVE OGDEN: No, the most appropriate time would be two years from now if the foundation school program is shorter of money and we're running a supplemental.

SENATOR KIRK WATSON: How about Medicaid right now?

SENATOR STEVE OGDEN: Well, once again with Medicaid, the -- you know our estimated shortfall in Medicaid is over $4 billion. $25 million is a lot of money but in the context of $4 billion it's a decimal point.

SENATOR KIRK WATSON: Well, how much would we get in federal funds if we put up 25 million?

SENATOR STEVE OGDEN: Well, I mean theoretically you got a 60, 40 match but we're going to put that up anyway. You're going to have to balance Medicaid two years from now.

SENATOR KIRK WATSON: I understand that. I am just trying to figure out --

SENATOR STEVE OGDEN: Put another billion? It once again makes no difference.

SENATOR KIRK WATSON: Well, I've heard you say it and I understand it but it's going to be very hard to explain 25 million of real dollars under the current circumstances. Thank you very much.

SENATOR KEVIN ELTIFE: Senator Ogden, you're recognized again on a motion about floor amendment six.

SENATOR STEVE OGDEN: I move to table floor amendment No. 6.

SENATOR KEVIN ELTIFE: Senator Patrick to close.

SENATOR DAN PATRICK: Thank you. Members let me be very clear. Members, let me be very clear. This is not about our comptroller. It's not about Austin, it's not about formula one racing, this is about a responsibility to the taxpayers of Texas in a time when we are cutting the budget significantly, not to spend money frivolously and the accounting discussion that we have had for the last 15 minutes that was illuminating, still did not get around the fact that it's real money, as Senator Watson said, that could be appropriated to help real people and I just cannot imagine in a time when jobs will be lost, programs are going to be cut, that we cannot see it for what it is and that is not spending the money for luxuries in a time when people are so much in need of real wants. With that I would motion not to table this amendment and put $25 million at some point in time to use where people can who are in real need.

SENATOR KEVIN ELTIFE: Thank you Senator Patrick. Members the motion is to table floor amendment No. 6. The motion is to table floor amendment No. 6. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 18 ayes, 12 nays, the motion to table prevails. Senator Ogden you're recognized for a motion.

SENATOR STEVE OGDEN: Mr. President and members I move passage to third reading of Committee Substitute to House Bill 4.

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

SENATOR STEVE OGDEN: Mr. President, members, I move to suspend the constitutional three day rule to take up and consider Committee Substitute to House Bill 4.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

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

PATSY SPAW: Committee Substitute to House Bill 4 relating to making supplemental appropriations s and giving directions and adjustment authority regarding appropriations.

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

SENATOR STEVE OGDEN: Mr. President and members I move final passage of Committee Substitute House Bill 4.

SENATOR KEVIN ELTIFE: Senator Ogden moves final passage of Committee Substitute to House Bill 4. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays Committee Substitute to House Bill 4 is finally passed. Congratulations Senator Ogden. Senator Jackson you're recognized for a motion to suspend the regular order of business on House bill 2853.

SENATOR MIKE JACKSON: Thank you Mr. President and members, this bill House bill 2853 deals with the TIRZ modernization, it amends section 311 of the tax code dealing with tax increment financing zones in order to modernize the chapter, the provisions no longer used by a practitioners day and to make some substantive changes that will enhance the ability of local governments to engage in economic development through TIRZ zones and I would move to suspend the Senate's regular order of business to take up and consider House bill 2853.

SENATOR KEVIN ELTIFE: Members, Senator Jackson moves suspension of the regular order of business to take up and consider House Bill 2853. Is there objection? Chair hears none, rules are suspended. The Chair lays out on second reading House bill 2853. The secretary will read the caption.

PATSY SPAW: House Bill 2853 relating to tax increment and financing.

SENATOR KEVIN ELTIFE: The following amendment.

PATSY SPAW: Floor amendment No. 1 by Jackson.

SENATOR KEVIN ELTIFE: Senator Jackson to explain the amendment.

SENATOR MIKE JACKSON: Thank you Mr. President. Members, this amendment is really a technical cleanup amendment that came out of a different district and it does -- if you can read the amendment it says we're triking undeveloped or under developed and using open or undeveloped and it's basically a technical cleanup bill. I move adoption if there's no questions.

SENATOR KEVIN ELTIFE: Members Senator Jackson moves adoption of floor amendment No. 1. Is there objection? Chair hears none, floor amendment No. 1 is adopted. Senator Jackson you're recognized for a motion. Excuse me, there's another amendment --

SENATOR MIKE JACKSON: I've got another amendment.

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

PATSY SPAW: Floor amendment No. 2 by Jackson.

SENATOR MIKE JACKSON: Thank you Mr. President. Members, amendment No. 2 simply removes the attorney general from a notification list at the request of the AG's office. The agency is under current law a recipient of a report issued by a municipalities or counties under this law and they requested they be off, so we take them off of this amendment. I move adoption.

SENATOR KEVIN ELTIFE: Members Senator Jackson on moves adoption of floor amendment No. 2. Is there objection? Chair hears none, floor amendment No. 2 is adopted. Senator Jackson you're recognized for a motion.

SENATOR MIKE JACKSON: I move adoption.

SENATOR KEVIN ELTIFE: Senator Jackson now moves passage to third reading. Is there objection? Chair hears none, House Bill 2853 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.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays the rule is suspended. Chair lays out on third reading and final passage House Bill 2853. The secretary will read the caption.

PATSY SPAW: House Bill 2853 relating to tax increment financing.

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

SENATOR MIKE JACKSON: I move final passage Mr. President.

SENATOR KEVIN ELTIFE: Senator Jackson now moves final passage of House Bill 2853 as amended. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays House Bill 2853 is finally passed. 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 am directed by the House to inform the Senate that the House has taken the following actions the House has passed the following measures, HCR169 by Phillips --

SENATOR KEVIN ELTIFE: Thank you Mr. Messenger. Senator Jackson. You're recognized for a motion to suspend the regular order of business on House Bill 550.

SENATOR MIKE JACKSON: Mr. President I move to suspend the regular order of business on House Bill 550. This deals with residents in Texas who were born before 1930 are not required to obtain a fishing license and this change in statute adding in the date of September 1, 1930 occurred in 1995. However, a person born before 1936 is at least 75 years of age in the year 2011. This requires the parks and wildlife commission to waive the fishing license requirement for a resident who is 75 years of age or older and I would move suspension.

SENATOR KEVIN ELTIFE: Senator Jackson moves suspension of the regular of business to take up consider House Bill 550. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading House Bill 550. The secretary will read the caption.

PATSY SPAW: House Bill 550 relating to an exemption to the requirement for a fishing license for residents of a certain age.

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

PATSY SPAW: Floor amendment No. 1 by Estes.

SENATOR KEVIN ELTIFE: Senator Estes to explain the amendment.

SENATOR CRAIG ESTES: Thank you Mr. President and members. Members this amendment is very simple. You can see it talks about whose date is before January 1st of 1931. This takes it back to the original way the House had it and it also solves the fiscal note problem and I believe this amendment is acceptable to the author.

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

SENATOR MIKE JACKSON: It's acceptable.

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

SENATOR MIKE JACKSON: Thank you Mr. President I move passage to third reading for House Bill 550 as amended.

SENATOR KEVIN ELTIFE: Senator Jackson now moves passage to third reading. Is there objection? Chair hears none, House Bill 550 is passed to third raged. Senator Jackson you're 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.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays the rule is suspended. The Chair lays out on third reading and final passage House Bill 550. The secretary will read the caption.

PATSY SPAW: House Bill 550 relating to an exemption for the requirement of a fishing license for residents of a certain age.

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

SENATOR MIKE JACKSON: I move final passage Mr. President.

SENATOR KEVIN ELTIFE: Senator Jackson moves final passage of House Bill 550. The secretary will call the roll.

SENATOR KEVIN ELTIFE: Twenty-nine ayes, one nay, House Bill 550 as amended is finally passed. Congratulations Senator Jackson.

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

SENATOR KEVIN ELTIFE: Senator Whitmire. Dean Whitmire. Senator Davis you ready on 1199? Senator Davis is recognized for a motion to suspend the regular order of business on Committee Substitute House Bill 1199.

SENATOR WENDY DAVIS: Thank you Mr. President and members. I maw to suspend the Senate's regular order of business to take up and consider the Committee Substitute to House Bill 1199. Currently law did not specifically address drunk driving related offenses that leave a person in a persistent vegetative state. The Committee Substitute to House Bill 1199 raises the penalty for an intoxication assault that leaves the person many a persistent vegetative state from a 3rd degree felony to a second degree felony. Additionally Senator Patrick added an amendment in committee to include his bill Senate Bill 838 which passed out of this chamber unanimously. That bill increases the penalty for drunk driving offense when a person's blood alcohol level is 0.15 or higher to a class A misdemeanor. Mr. President I move to suspend the regular order of business.

SENATOR KEVIN ELTIFE: Members Senator Davis moves suspension of the regular order of business to take up and consider Committee Substitute to House Bill 1199. On b rules are suspended. The Chair lays out on second reading Committee Substitute the House Bill 1199. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 1199 relating to penalties for certain intoxication offenses.

SENATOR KEVIN ELTIFE: The 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 seeks to name this act after Abdallah Carter whose family we have filed this bill on behalf of. On February 20th, 2009, a drunk driver collided into the back of the Cartier's family vehicle in Arlington, Texas. This was not the driver's first offense as he had been convicted in other states. Family members in the car were left without serious injury except for the youngest passenger Abdallah Carter who was two years old. Abdallah Carter suffered such extensive that he remains in a persistent vegetative state. His mother Loulou (inaudible) has been a champion know for changing this Texas law for others who might be suffering the same experience and I would seek the members' agreement that we should name this act for Abdallah Carter. Move adoption.

SENATOR KEVIN ELTIFE: Members you heard the motion by Senator Davis to adopt floor amendment No. 1. To b on floor amendment number 1 is adopted. Senator Davis you're recognized for a motion.

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

SENATOR KEVIN ELTIFE: Senator Davis now moves passage to third heading. Is there objection? Chair hears none, Committee Substitute to House Bill 1199 is passed to third reading. Senator Davis, you're recognized for a motion to suspend the constitutional three day rule.

SENATOR WENDY DAVIS: So moved Mr. President.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute House Bill 1199. The secretary will read the caption.

PATSY SPAW: Committee substitute to House Bill 1199 relating to penalty for certain intoxication offenses.

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

SENATOR WENDY DAVIS: Thank you Mr. President. I move final passage of Committee Substitute to House Bill 1199.

SENATOR KEVIN ELTIFE: Senator Davis moves final passage of Committee Substitute to House Bill 1199. The secretary will call the roll.

SENATOR KEVIN ELTIFE: Thirty ayes, one nay, committee substitute to House Bill 1199 is finally passed. Congratulation Senator Davis.

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

SENATOR KEVIN ELTIFE: Senator Uresti is recognized for a motion to suspend the regular order of business committee substitute House Bill 2857.

SENATOR CARLOS URESTI: Thank you Mr. President and member, good evening. Committee Substitute to House Bill 2857 is relating to outdoor lighting regulations around McDonalds observatory. Current law allows county to regulate and enforce lighting around observatories. This bill which is a local bill would allow our municipalities to regulate outdoor lighting by providing standards for effective lighting and prohibit specific lighting that endangers the operation of observatory. This bill will only affect Del Maria, Fort Davis, Alpine, marathon, Ran Horn

(inaudible). With that Mr. President I move to suspend the regular order of business to take up and consider Committee Substitute to House Bill 2857.

SENATOR KEVIN ELTIFE: Senator Uresti moves suspension of the regular of business to take up and consider committee substitute to House Bill 2857. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading committee substitute to House Bill 2857. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 2857 relating to the regulation of outdoor lighting in certain areas.

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

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

SENATOR KEVIN ELTIFE: Senator Uresti moves passage to third read.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, committee substitute to House Bill 2857 is passed to third reading. Senator Uresti you're recognized for a motion to suspend the constitutional three they rule.

SENATOR CARLOS URESTI: So moved Mr. President.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

SENATOR KEVIN ELTIFE: Twenty-five ayes, six nays, the rule is suspended. The Chair lays out on third reading and final passage committee substitute House Bill 2857. The secretary will read the caption.

PATSY SPAW: Committee substitute to House Bill 2857 relating to regulation of outdoor lighting in certain areas.

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

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

SENATOR KEVIN ELTIFE: Senator Uresti now moves final passage of committee substitute to House Bill 2857. The secretary will call the roll.

SENATOR KEVIN ELTIFE: Twenty-five ayes, six nays, Committee Substitute to House Bill 2857 is finally passed. Congratulations Senator Uresti.

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

SENATOR KEVIN ELTIFE: Senator Jackson is recognized for a motion to suspend the regular order of business on House Bill 1960.

SENATOR MIKE JACKSON: Thank you Mr. President and members, this bill addresses some concerns between boat dealers and manufacturers chapter 2352 addresses boat dealers and manufacturer agreements and was created in 1951. Manufacturers enter be a one-year agreement and the shorter term nature of that has become problematic. This bill tries to address some of those problem. If there's no questions I would move to adopt -- or to suspend the Senate's regular of business take up House Bill 190.

SENATOR STEVE OGDEN: Is there objection to suspend the regular of business? Is there objection? There is no objection. Chair lays out on second reading House Bill 1960. The secretary will read the caption.

PATSY SPAW: House Bill 1960 relating to regulation of boat manufacturers, distributers and dealers.

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

SENATOR MIKE JACKSON: I move to passage to third reading of House Bill 1960 Mr. President.

SENATOR STEVE OGDEN: Senator Jackson moves passage to third reading of House Bill 1960. There is objection. The secretary will call the roll.

SENATOR STEVE OGDEN: There being 21 ayes and ten nays, the bill is passed to third reading. Senator Jackson do you want to try and suspend? Senator Hegar is recognized for a motion to reconsider the vote by which 242 was finally passed.

SENATOR GLENN HEGAR: Thank you Mr. President and members. I would ask we reconsider the vote by which House Bill 242 was passed on local calendar earlier.

SENATOR STEVE OGDEN: Senator Hegar is kicking his bill off of local.

SENATOR GLENN HEGAR: Sir?

SENATOR STEVE OGDEN: You're kicking you bill off of local.

SENATOR GLENN HEGAR: Yeah. And after being passed already.

SENATOR STEVE OGDEN: All right. Senator Hegar moves to reconsider the vote by which House Bill 242 was finally passed. Is there objection? Chair hears none, the motion is adopted. Do you want to go back to second? Do you want to go back to second reading?

SENATOR GLENN HEGAR: Yeah I would ask that we go back to second reading.

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

SENATOR GLENN HEGAR: I would ask that we go back to second reading for House Bill 242. Move to reconsider the vote by which it passed on second reading.

SENATOR STEVE OGDEN: Senator Hegar moves to reconsider the vote by which House Bill 242 was passed to third reading. Is there objection? Chair hears none, motion is adopted. The Chair lays out on second reading House Bill 242. The secretary will read the caption.

PATSY SPAW: House Bill 242 relating to the authority of certain retired peace officers to carry certain firearms.

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

PATSY SPAW: Floor amendment No. 1 by Williams.

SENATOR STEVE OGDEN: The Chair recognizes Senator Williams on his amendment.

SENATOR TOMMY WILLIAMS: Thank you Mr. President and members, this is language from Senate bill 1697 and Senate Bill 9. It expands the definition of a specialty ranger to allow the department of public safety commission to utilize retired DPS officers and retired Texas rangers on a voluntary basis to assist with administrative tasks, aid in disaster relief efforts and provide backup for officers in high threat areas. I move adoption.

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

PATSY SPAW: Floor amendment No. 2 amending floor amendment number one. Amendment by Wentworth.

SENATOR STEVE OGDEN: Senator Wentworth you're recognized on floor amendment No.2.

SENATOR JEFF WENTWORTH: Thank you Mr. President. This amendment would add reckless driving informations to the list of duties for which a special ranger may be called into service and incorporates the language from my Senate Bill 182 was passed the Senate to zero in early April. I move adoption.

SENATOR STEVE OGDEN: Senator Wentworth -- Senator Williams you're recognized on the amendment to the amendment.

SENATOR TOMMY WILLIAMS: It's acceptable.

SENATOR STEVE OGDEN: All right. Senator Williams -- Senator Wentworth moves adoption of floor amendment No. 2 which amends floor amendment No. 1. It's acceptable to the author. Is there objection? Chair hears none, so ordered.

SENATOR JEFF WENTWORTH: Thank you Mr. President. And members.

SENATOR STEVE OGDEN: Senator Williams you're recognized for a motion on floor amendment No. 1.

SENATOR TOMMY WILLIAMS: I move adoption.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, floor amendment No. 1 is adopted. The following amendment. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 3 by Zaffirini.

SENATOR STEVE OGDEN: Chair recognizes Senator Zaffirini on floor aim No. 3.

SENATOR JUDITH ZAFFIRINI: Thank you Mr. President. Mr. President and members, this floor amendment is identical to the Committee Substitute for House Bill 243 by Representative Tom Craddock and it relates to the creation of an offense for certain use of a wireless communication device while operating a motor vehicle. Basically the amendment would define text based communication for any communication for mobile wireless communication device, prohibit a driver from reading, writing or sending a text while operating a motor vehicle unless the reek is stopped, exempt persons who read, select or enter a telephone number or name for a purpose of making a telephone call, exempt persons using a voice automated device, a hands free device or a global positioning system device and exempt persons who use a hand held devices that used to relay information between the operator and a dispatcher in the course of the operator's occupational duties or is affixed to the vehicle. Mr. President I move adoption.

SENATOR STEVE OGDEN: Senator Hegar.

SENATOR GLENN HEGAR: Thank you Mr. President. Mr. President if I could make sure everybody's listening on this. If you don't mind. I think this is a very important amendment that the members know what we're doing here because this is very major public policy. This is a debate that I think we need to make sure that everyone knows what we are doing and if this is the public policy. My opinion is texting and driving is dangerous. I also believe that people do a lot of other things in their automobiles that are dangerous. The question is distracted drivers do cause harm to other people. The question is though, at what point do we legislate what is that distraction and what is that you can or cannot do in your car. Technology changes so rapidly that undoubtedly in a few years will we even have texting in cars? If anyone would have told me several years ago that I could have a phone in my back pocket whereby I could talk to people, text people, email people and literally look things up on the internet in an instant flash, I would have said in what century. Well, we're here and so the question is what do we ban people from doing in their cars? And how much is it is government's role to try to be proactive to protect other people yet at the same time I think our law enforcement officers have enough to do already. Are we going to ban people from drinking soft drinks in their car? Are we going to ban people from having food in their car? What are we going to ban? If we're going to ban things, then let's ban them all. I think personally that this goes too far. I am not going to support this. I ask you to not support this. Text messages, e-mails, anything not spoken that at a time when you're stopped on the side of the road, is that a time when you're at a stop light, open your phone to see if your wife is asking you whether you can pick up dinner on the way home for the kids. When do we go too far? So I would ask the body to please vote no on this amendment, I don't think this is something we want to do in the last dais of the legislative session with literally two and a half hours left in this session to pass bills.

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

SENATOR EDDIE LUCIO: I would ask if Senator Zaffirini would yield for a question.

SENATOR STEVE OGDEN: Senator Zaffirini do you yield?

SENATOR JUDITH ZAFFIRINI: Certainly.

SENATOR EDDIE LUCIO: In your amendment Senator Zaffirini, you're not asking us to vote to not allow texting by those in the car other than the driver correct?

SENATOR JUDITH ZAFFIRINI: That's correct.

SENATOR EDDIE LUCIO: So I certainly agree that texting is extremely important and that many of the accidents that already happened probably are happening without being documented by those that are probably texxting. So I think you have a pretty good amendment as long as the one, the other people in the car not prohibit them from doing so.

SENATOR JUDITH ZAFFIRINI: That's correct Senator.

SENATOR EDDIE LUCIO: Thank you very much.

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

SENATOR ROBERT NICHOLS: To ask a question, it might be a parliamentary question.

SENATOR STEVE OGDEN: You're recognized.

SENATOR ROBERT NICHOLS: Is this even germane to the bill? I keep looking at the caption. It says relating to the authority of certain retired peace offer to carry certain firearms.

SENATOR STEVE OGDEN: Do you have a parliamentary inquiry?

SENATOR ROBERT NICHOLS: Yes.

SENATOR STEVE OGDEN: What is the inquiry? What is your parliamentary inquiry?

SENATOR ROBERT NICHOLS: I am not sure -- I would like to find out if this is even germane to the bill.

SENATOR STEVE OGDEN: All right. Would you come up here please? Senator Williams for what purpose do you rise? Senator Nichols for what purpose to you rise?

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

SENATOR STEVE OGDEN: With respect to your parliamentary inquiry, are you withdrawing it?

SENATOR ROBERT NICHOLS: She ruled that it was germane.

SENATOR STEVE OGDEN: Well, we could rule or you could withdraw it.

SENATOR ROBERT NICHOLS: No I'll withdraw it then.

SENATOR STEVE OGDEN: All right. Senator Nichols withdraws his parliamentary inquiry. You're recognized to ask a question.

SENATOR ROBERT NICHOLS: So -- okay. I am already recognized?

SENATOR STEVE OGDEN: You're recognized to ask Senator Zaffirini a question.

SENATOR ROBERT NICHOLS: Okay. Senator Zaffirini, I know -- I worked with you long enough to know your intentions are well and texting is definitely a dangerous ting to do. There are a lot of other dangerous things to do as Senator Hegar was saying. I am going to be voting no as well because I just think it's over intrusion, over reaching government. I mean, I see people drink hot coffee, I see them turning radio channels, many of these things are a danger, they need to slow down. I think the number one killer of people on roads is still alcohol and drugs, things of that nature, that's where I think 60 percent of our people are dying on the roads. They're not 60 percent dying from these kinds of things but anyway I appreciate your concern for the citizens of the state, I just think it's intrusion. Thank you.

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

SENATOR JEFF WENTWORTH: Question of Senator Zaffirini on the amendment.

SENATOR STEVE OGDEN: You're recognized.

SENATOR JEFF WENTWORTH: Will Senator Zaffirini yield for a question?

SENATOR JUDITH ZAFFIRINI: I certainly will. Thank you Senator.

SENATOR JEFF WENTWORTH: Senator Hegar mentioned in his discussion about this whether or not this would apply if you're stopped at a stoplight or a stop sign could you look down at your telephone, and I think under the clear language on page two it talks about an operator may not use a hand held wireless device to read, write, or send text based communications while operating a motor vehicle unless the vehicle is stopped.

SENATOR JUDITH ZAFFIRINI: Correct.

SENATOR JEFF WENTWORTH: So if the vehicle is stopped isn't it your understanding if the vehicle is stopped, you're not violating the law --

SENATOR JUDITH ZAFFIRINI: That's correct Senator.

SENATOR JEFF WENTWORTH: If you text or use the phone while you're stopped at a red light or stop sign.

SENATOR JUDITH ZAFFIRINI: That is on page two line three to six.

SENATOR STEVE OGDEN: Members, it's pretty hard to hear the debate. So can we have a little order please?

SENATOR JEFF WENTWORTH: Isn't it your recollection, Senator Zaffirini, committee that after several hundred drivers were examined through a survey in this country that using your cellphones to dial a number took about four or five seconds and to answer the phone took a couple, but if you text on your device, it takes an average of 24 seconds and you're looking down, you're not looking at the road, that your recollection of testimony we heard in committee?

SENATOR JUDITH ZAFFIRINI: That's absolutely correct Senator. And in fact testimony was that in 2009, 11 percent of fatal crashes, that's 995 out of 5,474 in the U.S. were attributed to this kind of driving, distracted driving and while there's many forms of distracted driving, there's no activity be ides driving under the influence that's more compatible while operating a motor vehicle than texting while driving. The study showed that texting while driving is 23 more times dangerous than nondistracted driving. That is comparable to driving with a blood alcohol concentration legal limit of .08 percent and that 17 times more dangerous than just talking on the phone while driving. That's what the statistics show, Senator. So it should comprise as a little surprise that this bill does not have a lot of support.

SENATOR JEFF WENTWORTH: You have a very good amendment Senator Zaffirini. I hope people will pay attention and vote in favor of your amendment.

SENATOR JUDITH ZAFFIRINI: Thank you Senator, I appreciate your support.

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

SENATOR KEVIN ELTIFE: I'd like to ask the author of the amendment a question or two.

SENATOR STEVE OGDEN: You're recognized.

SENATOR KEVIN ELTIFE: Senator Zaffirini I guess it's more commentary than anything. I do support your amendment.

SENATOR JUDITH ZAFFIRINI: Thank you.

SENATOR KEVIN ELTIFE: I have two sons and I have not done a very good job of leading by example. I am guilty of texting and driving and on several occasions almost had a wreck and my oldest son did have a wreck texting and driving. And so I think you have a good amendment and there was mention made of we're passing too much legislation to we don't want to deal with texting and driving. Well, in the last three or four days as I sat here I think we passed a bill about noodling, something about catching catfish with your hands, yesterday we passed a bill about you can't pick up an amphibian on the side of the road or a snake or what was it? Whatever it is. Today Senator Estes named a card game or a dice fame or something from state to something but there's too much government. Well, this is the kind of government we need to protect our children. So I appreciate your amendment and I'll be voting for it.

SENATOR JUDITH ZAFFIRINI: Thank you Senator I appreciate that.

SENATOR STEVE OGDEN: Senator Gallegos for what purpose the u rise?

SENATOR MARIO GALLEGOS: Will the lady yield?

SENATOR JUDITH ZAFFIRINI: Certainly.

SENATOR STEVE OGDEN: Go ahead.

SENATOR MARIO GALLEGOS: Senator Zaffirini, I also like your amendment but let me ask you this. What if you have voice mail and you're trying to retrieve your voice mail, does that include this also?

SENATOR JUDITH ZAFFIRINI: This bill focuses on text messages, instant messages and e-mail.

SENATOR MARIO GALLEGOS: But I am talking about trying to pick up voice mail.

SENATOR JUDITH ZAFFIRINI: No.

SENATOR MARIO GALLEGOS: So voice mail won't be included. If I'm trying to get my voice mail --

SENATOR JUDITH ZAFFIRINI: That is not covered by this.

SENATOR MARIO GALLEGOS: That is not texting.

SENATOR JUDITH ZAFFIRINI: No this is about text messaging, not voice mail.

SENATOR MARIO GALLEGOS: What about GPS maps in look up GPS?

SENATOR JUDITH ZAFFIRINI: It's exempt.

SENATOR MARIO GALLEGOS: Okay. Thank you.

SENATOR JUDITH ZAFFIRINI: Thank you Mr. President I move adoption.

SENATOR STEVE OGDEN: Senator Zaffirini moves adoption of floor amendment No. 3. Senator Auguster.

SENATOR GLENN HEGAR: Yeah I would use, members I appreciate the debate on this. I think this is something that we don't need to do. Senator Eltife I think you make a good point that you almost had an accident but you think I know well enough that if this was the law you're probably going to text anyway. Okay confessions at the last -- I move that we table floor amendment No. 3.

SENATOR STEVE OGDEN: Senator Hegar moves to table floor amendment No. 3. Senator Zaffirini to close. Senator Zaffirini do you want to close?

SENATOR JUDITH ZAFFIRINI: Yes certainly I guess I misunderstood Senator Hegar, earlier he said he was not going to move to table and just allow the vote on this but basically you have heard the statistics, this bill was heard in the transportation and homeland committee hearing. We had some very compelling testimony for it and members this is one of the opportunities that we have to save lives and by voting for this bill and prohibiting texting while driving the life you save could be that of a person you love dearly. I hope that you will vote against the motion to table and for my amendment thank you.

SENATOR STEVE OGDEN: Senator Hegar moves to table floor amendment No. 3. The vote is on the motion to table. The secretary will call the roll.

SENATOR STEVE OGDEN: There being ten ayes, 19 nays, the motion to table fails.

SENATOR GLENN HEGAR: Being that Senator Zaffirini is so tough, I guess we're going to outlaw texting.

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

SENATOR JUDITH ZAFFIRINI: I move adoption of this floor amendment.

SENATOR STEVE OGDEN: Senator Zaffirini moves adoption of the floor amendment. The secretary will call the roll.

SENATOR STEVE OGDEN: There being 19 ayes, ten nay, floor amendment No. 3 is adopted.

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

SENATOR KEVIN ELTIFE: No, thank you Senator Zaffirini.

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

PATSY SPAW: Floor amendment No. 4 by Ogden.

SENATOR KEVIN ELTIFE: Senator Ogden to explain floor amendment No. 4.

SENATOR STEVE OGDEN: Mr. President and members, currently under state law if you're a retired certified peace officer you have the right to carry a handgun without obtaining a concealed handgun license. This amendment is to recognize the service of reserved law enforcement officers with at least 15 years of experience after when they're no longer a reserved law enforcement officer and they have at least 15 years of experience they too will be able to carry a concealed handgun without the necessity of having a concealed handgun license. I move adoption of floor amendment No. 4.

SENATOR KEVIN ELTIFE: Senator Hegar on floor amendment No. 4.

SENATOR GLENN HEGAR: The amendment acceptable.

SENATOR KEVIN ELTIFE: Senator Ogden moves adoption of floor amendment No. 4. It's acceptable to Hegar. Is there objection? Chair hears none, floor amendment No. 4 is adopted.

SENATOR GLENN HEGAR: Hello. Hello. Hello. Hello. Mr. President. Hello. Move passage.

SENATOR STEVE OGDEN: Senator Hegar, we have an informal parliamentary inquiry.

SENATOR GLENN HEGAR: Thank you. Mr. President I temporarily pull down House Bill 242 while we look at the parliamentary inquiry.

SENATOR STEVE OGDEN: Senator Hegar moves to temporarily postpone further consideration of House Bill 242. Is there objection? Chair hears none, so ordered. Senator Jackson is recognized for a motion to suspend the constitutional three day rule on House Bill 1960.

SENATOR MIKE JACKSON: Thank you Mr. President and members, this is the bill we heard a little while ago and stopped after third reading. And at this time I would move that we suspend the constitutional rule that bills be heard on three several days on House Bill 1960.

SENATOR STEVE OGDEN: Members you heard the motion. The secretary will call the roll.

SENATOR STEVE OGDEN: There being 26 ayes and five nays, constitutional three day rule is suspended. The chair lays out on third reading and final passage House Bill 1960. The secretary will read the caption.

PATSY SPAW: House bill 1960 relating to regulation of boat manufacturers, distributors and dealers.

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

SENATOR MIKE JACKSON: Thank you Mr. President I move final passage of House Bill 1960.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: Nineteen ayes, and nays, the bill is finally passed. The chair lays out as matter of postponed business. House bill 242. Members we are on second reading and we recently adopted amendment No. 4. The chair recognizes senator Hegar.

SENATOR GLENN HEGAR: Thank you Mr. President. I move final passage of House Bill 242.

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

SENATOR GLENN HEGAR: So moved.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: Twenty-eight ayes and three nays, constitutional rule is suspended. The chair lays out on third reading and final passage House Bill 242. The secretary will read the caption.

PATSY SPAW: House Bill 242 relating to the authority of certain retired peace officers to carry certain firearms.

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

SENATOR GLENN HEGAR: Move final passage of House Bill 242 as amended.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: Twenty-eight ayes, and three nays, the bill is finally passed again. Thank you. Senator Watson. The chair recognizes senator Watson for a motion to not concur in house amendments on senate bill 1331.

SENATOR KIRK WATSON: Thank you Mr. President and members, Senate Bill 1331 was amended incompletely and amendment was agreed upon by both office of county district and county association, however the floor amendment added to SB1331 didn't fully reflect the agreement. So Mr. President I move to we refuse to concur and that we appoint a conference committee.

SENATOR STEVE OGDEN: Senator Watson moves that the Senate not concur in house amendments to Senate bill 1331 and request the appointment of a conference committee. Is there objection? Chair hears none, are there any motions to instruct? The following conferees. Senator Watson chairman, Senator Whitmire, Senator Ellis, Senator Huffman, Senator Carona. Chair recognizes Senator Wentworth for a motion to not concur in house amendments to Senate Bill 1543.

SENATOR JEFF WENTWORTH: Thank you Mr. President. I do move that the Senate refuse to concur in House amendments to Senate Bill 5343 and request appointment of a conference committee. Members this was the bill that had to do with allowing authority for an independent school district to invest in corporate bonds. The House added an amendment that reduced the amendment of security, they eliminated senior secured debt obligations and they lessened the rating from triple A to double A minus and I don't think that's a good idea and I think we need to appoint a conference committee and work out our difference.

SENATOR STEVE OGDEN: Senator Wentworth moves that the Senate not concur in House amendments to Senate Bill 1543 and request the appointment of a conference committee. Is there objection? Chair hears none. Are there any motions to instruct in following conferees?

PATSY SPAW: Conference committee on Senate Bill 1543 chair Senator Wentworth, member, Senator Davis, Senator Carona, Senator Seliger, and Senator Shapiro.

SENATOR JEFF WENTWORTH: Thank you Mr. President.

SENATOR STEVE OGDEN: Thank you. Senator Hegar. Chair recognizes Senator Hegar for a motion to grant the House's request for appointment to of to conference committee on House Bill 414.

SENATOR GLENN HEGAR: Thank you Mr. President and member, I would ask to grant the House request to have a conference committee on House Bill 414.

SENATOR STEVE OGDEN: Senator Hegar moves that the Senate grant the request of the House committee for a conference committee on House Bill 414. Is there objection? Chair hears none, are there motions to instruct? The following conferees.

PATSY SPAW: Conference committee on House Bill 414 Senator Hegar, chair, members, Senator Estes, Senator Seliger, Senator Jackson, and Senator Hinojosa.

SENATOR STEVE OGDEN: Chair recognize s Senator Nelson on for a motion to concur in House amendments to Senate Bill 218.

SENATOR JANE NELSON: 220?

SENATOR STEVE OGDEN: 218.218. We can do 220 if you want.

SENATOR JANE NELSON: That would be nice Mr. Chairman.

SENATOR STEVE OGDEN: All right. Chair recognizes Senator Nelson on for a motion to concur in House amendments to Senate Bill 220.

SENATOR JANE NELSON: Thank you Mr. President and member, I do move that Senate concur in House amendments to Senate Bill 220 which includes a number of procedural reforms which make it easier for the family to navigate the guardian system and priest guardians due process protections and protect wards assets, this bill unanimously passed the both the House and the Senate -- the Senate and the House as amended. The amendments prevents courts from allowing excessive guardianship fees and require attorneys representing award in a guardianship proceeding to have a complete course of study in guardianship law and procedure. Mr. President I move that the Senate concur in those House amendments to Senate Bill 220.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: There being 31 ayes, zero nays, Senate concurs in House amendments. The motion is adopted.

SENATOR JANE NELSON: Thank you.

SENATOR STEVE OGDEN: Senator Nelson on the chair recognizes Senator Nelson for a motion to concur on House amendments to Senate Bill 229.

SENATOR JANE NELSON: Thank you Mr. President. Senate Bill 229 ensures that all Texas newborns are screened for hearing abnormalities by eliminating current exemptions and requiring midwifes to require newborns for screenings. This bill unanimously passed the Senate, was amended in the House, the amendment clarifies that midwives only are to refer for hearing screenings, not conduct the screening themselves the change was made by the House sponsor at my request. This amendment is consistent with the intent of the bill. I move the Senate concur in the House amendments to Senate Bill 229. To.

SENATOR STEVE OGDEN: : Senator Nelson moves that the Senate concur in House amendments to Senate Bill 229. The secretary will call the roll.

SENATOR STEVE OGDEN: There being 31 ayes, zero nays the motion is adopted.

SENATOR JANE NELSON: Yes, I do have 218.

SENATOR STEVE OGDEN: The chair recognizes Senator Nelson for a motion to concur in House amendment togs Senate Bill 218.

SENATOR JANE NELSON: Thank you Mr. President. I move the Senate concur in House amendments to Senate Bill 218 which builds on the legislature's passed initiatives to increase protections of children who are victims of abuse, neglect or exploitation. This bill unanimously passed both the Senate and the House as amended. The amendment clarifies that the department of family and protective services may seek either emergency removal or nonemergency removal of a child having a sexually transmitted disease depending on the facts of the case. This change was made of the House Sponsor at my request. I do move the Senate concur in House amendments to Senate Bill 218.

SENATOR STEVE OGDEN: Senator Nelson moves that the Senate concur in House amendments to Senate Bill 218. The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays, the motion is adopted.

SENATOR JANE NELSON: Thank you Mr. President and thank you members.

SENATOR STEVE OGDEN: The chair recognizes Senator Nelson for a motion to concur in House amendments to Senate Bill 438.

SENATOR JANE NELSON: Thank you Mr. President and members, Senate Bill 438 increases the number of three to four of consecutive days a winery may sell their products at farmers markets or festivals and removes the cap at five days a month. The House committee constitute reinserted the word consecutive to clarify that wineries may sell at a farmer's market or festival for up to four consecutive days under one permit. Without that change wineries would only be able to sell at a single location for four days every two years. I move the Senate concur with House amendments to Senate Bill 438.

SENATOR STEVE OGDEN: Senator Nelson moves that the Senate concur in House amendments to Senate Bill 438. The secretary will call the roll.

SENATOR STEVE OGDEN: Being 31 ayes, zero nays, the motion is adopted. Thank you.

SENATOR JANE NELSON: Thank you.

SENATOR STEVE OGDEN: The chair recognizes Senator Seliger for a motion to concur in House amendments to Senate Bill 1504.

SENATOR KEL SELIGER: Mr. President I move to concur with House amendments to Senate Bill 1504. They were not particularly substantive, mostly housekeeping and are acceptable.

SENATOR STEVE OGDEN: Senator Seliger moves that the Senate concur in House amendments to Senate Bill 1504. The secretary will call the roll.

SENATOR STEVE OGDEN: Being 31 ayes, zero nays the motion is adopted. The chair recognizes Senator Lucio for a motion to concur in House amendment to Senate Bill 1386.

SENATOR EDDIE LUCIO: Thank you Mr. President and members, I'd like to move to concur with House amendments to Senate Bill 1386. This bill is the scuff law bill which closes a loophole on motor vehicle registration. The House amendment clarifies that department of counties may receive funds generated through the program for cost associated with its administration and in a case of counties which do not issue warrants, it is clarified that the definition of an infraction pending against an owner. Move to concur the House amendments to Senate Bill 1386.

SENATOR STEVE OGDEN: Senator Lucio moves that the Senate concur to House amendments to Senate Bill 1386. The secretary will call the roll.

SENATOR STEVE OGDEN: There being 31 ayes, zero nays, the motion adopted. Thank you.

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

SENATOR STEVE OGDEN: The chair recognizes Senator Hegar for a motion to concur in House amendments to Senate Bill 802.

SENATOR GLENN HEGAR: Thank you Mr. President and members, Senate Bill 802 is a local bill that allow Aransas county to pay the interest of an assessment for a roadway, county improved upon request approval subdivision within its boundaries. The House had an amendment that requires two years to pass before any interest is assessed. The changes satisfied both the governors office and are acceptable, and I move to concur in House amendments to Senate Bill 802.

SENATOR STEVE OGDEN: Senator Hegar moves to concur in House amendments to Senate Bill 802. The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays, the motion adopted. The chair recognizes Senator Hegar for a motion to concur in House amendments to Senate Bill 804.

SENATOR GLENN HEGAR: Thank you Mr. President and member, hotel occupancy tax proceeds must be devoted to projects directly to promote tourism related activities. Senate Bill 804 is a local bill, only applies to Aransas county, the bill passed out of the Senate with a permitted hotel occupancy tax revenue there to be used for parks or clear public land which some were concerned that not directly related to tourism. House amendments alleviated those concerns and are acceptable. I move that we concur to House amendments in Senate Bill 804.

SENATOR STEVE OGDEN: Senator Hegar moves that the Senate concur to House amendments to Senate Bill 804. The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays, the motion adopted. The chair recognizes Senator Hegar for a motion to concur in House amendments to Senate Bill 1477.

SENATOR GLENN HEGAR: Thank you Mr. President and members, Senate Bill 1477 authorizes emergency service districts to provide deferential pay to employees serving in the U.S. or state armed forces. The House amendment removed the word officer to the bill would be specific to only an employee of an emergency service district. I move to concur with House amendments to Senate Bill 1477.

SENATOR STEVE OGDEN: Senator Hegar moves that the Senate concur to House amendments to Senate Bill 1477. The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays, the motion is adopted. Senator Wentworth. The chair recognizes Senator Wentworth for a motion to concur in House amendments to Senate Bill 917.

SENATOR JEFF WENTWORTH: Thank you Mr. President. I move that the Senate concur in House amendments to Senate Bill 917. The House amendment in the form of a committee constitute is the same substance as House Bill 1619 which this Senate passed May 23rd on the local and uncontested calendar. The amendments to Senate Bill 917 and House Bill 1619 by the Senate changed. Senate Bill 917 is a gross by doing a couple of things that reverting to current law by continuing to require an election before two or more ESTs can consolidate. Repealed chapter 776 of the health and safety code. Incorporating the board trainings and accountability pertaining in House Bill 1619 as it passed the House. I respectfully move to concur in the House amendment to Senate Bill 917. In counties of 125,000 population or less, under chapter 7759 very similar law governing ESDs in counties of a population of 125,000. It's not the whole code.

SENATOR STEVE OGDEN: Senator Wentworth move that the Senate concur in House amendments to Senate Bill 917. The secretary will call the roll.

SENATOR STEVE OGDEN: Being 31 ayes, zero nays, the motion adopted.

SENATOR JEFF WENTWORTH: Thank you, Mr. President. You're not supposed to listen to everything I say.

SENATOR STEVE OGDEN: Senator Nichols is recognized for a motion to concur in House amendments to Senate Bill 548.

SENATOR ROBERT NICHOLS: Mr. President and members I move that the Senate concur on House amendments to Senate Bill 548. This is the environmental review streamlining thing that we did earlier. Senator Watson, Senator Davis and I worked on it, went through transportation. It was a good bill. The House added one amendment which will help expedite the environmental review of local projects. We actually had worked on some of that language, I believe the additional language will assist both TxDOT and local projects sponsors es. Amendment will allow TxDOT to prioritize local projects, officially review them in a timely manner. This bill as amended will greatly improve both TxDOT and local governments. I move we concur.

SENATOR STEVE OGDEN: Senator Nichols moves that the Senate concur in House amendments to Senate Bill 548. The secretary will call the roll.

SENATOR STEVE OGDEN: There being 31 ayes, zero nays, the motion adopted.

SENATOR ROBERT NICHOLS: Thank you members.

SENATOR STEVE OGDEN: The chair recognizes Senator Eltife for a motion to concur in House amendments to Senate Bill 349.

SENATOR KEVIN ELTIFE: Thank you Mr. President and members. I move to concur in House amendments to Senate Bill 349 which is a local hotel tax bill that applies to cities in Tyler and Long View. The House added an amendment specifying that additional revenue from the hotel tax to be used for convention for facilities which is actually the intent of the two cities. I move to concur to House amendments in Senate Bill 349.

SENATOR STEVE OGDEN: Senator Eltife moves that the Senate concur in House amendments to Senate Bill 349. The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays, the motion adopted.

SENATOR KEVIN ELTIFE: Thank you Mr. President and thank you members.

SENATOR STEVE OGDEN: Chair recognizes Senator Watson for a motion to concur in House amendments to Senate Bill 701.

SENATOR KIRK WATSON: Thank you Mr. President. This was the bill Senate passed unanimously encouraging state agencies to post that that they already collect on line. The only change made in the House to SB701 was to require that links to the data sets be conspicuously displayed on agencies website or other intuitive locations. Mr. President I move to concur with House amendments to Senate Bill 701.

SENATOR STEVE OGDEN: Senator Watson you have that the Senate concur in House amendments to Senate Bill 701. The secretary will call the roll.

SENATOR STEVE OGDEN: There being 31 ayes, zero nays, the motion adopted. The chair recognizes Senator Zaffirini for a motion to grant the house's request for appointment of a conference committee on House Bill 871.

SENATOR JUDITH ZAFFIRINI: Thank you Mr. President. Mr. President and members House Bill 871 by Representative Evan Davis relates to indigent health care services that may be provided by a county. The Senate added an amendment that the House believes is not germane and wants to go to conference to remove it. Consequently, I grant the House request to appoint a conference committee.

SENATOR STEVE OGDEN: Senator Zaffirini maws that the Senate grant the request of the House on a conference committee on House Bill 871. Is there objection? Chair hears none, are there motions to instruct?

PATSY SPAW: Conference committee on House Bill 871 Senator Zaffirini, chair, members, Senator Deuell, Senator Rodriguez, Senator Carona, and Senator Eltife.

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

SENATOR STEVE OGDEN: Senator Zaffirini, do you want to concur in Senate Bill 812? The chair announces the signing of the following in the presence of the Senate.

PATSY SPAW: House Bill 109, House Bill 92, House Bill 33, House Bill 1812, House Bill 1608, House Bill 1593, House Bill 1555, House Bill 1523, House Bill 1456, House Bill 1453, House Bill House Bill 1341, House Bill 1278, House Bill 1241, House Bill 1201, House Bill 1179, House Bill 1168, House Bill 1010, House Bill 970, House Bill 826, House Bill 592, House Bill 530, House Bill 397, House Bill 378, House Bill 268, House Bill 260, House Bill 277, House Bill 2006, House Bill 1959, House Bill 1932, House Bill 1839, House Bill 1818, House Bill 257, Senate Bill 987, Senate Bill 1020, Senate Bill 1030, Senate Bill 1044, Senate Bill 1046, Senate Bill 1136, Senate Bill 1133, Senate Bill 1167, Senate Bill 1176, Senate Bill 1220, Senate Bill 1273, Senate Bill 1308, Senate Bill 1322, Senate Bill 1330, Senate Bill 1342, Senate Bill 1368, Senate Bill 449, Senate Bill 461, Senate Bill 471, Senate Bill 481, Senate Bill 489, Senate Bill 554, Senate Bill 577, Senate Bill 578, Senate Bill 609, Senate Bill 627, Senate Bill 650, Senate Bill 682, Senate Bill 735, Senate Bill 791, Senate Bill 792, Senate Bill 799, Senate Bill 864, Senate Bill 889, Senate Bill 898, Senate Bill 900, Senate Bill 19, Senate Bill 43, Senate Bill 29, Senate Bill 166, Senate Bill 233, Senate Bill 234, Senate Bill 266, Senate Bill 267, Senate Bill 304, Senate Bill 350, Senate Bill 367, Senate Bill 422, Senate Bill 901, Senate Bill 959, Senate Bill 966, Senate Bill 1438, Senate Bill 1441, Senate Bill 1480, Senate Bill 1484, Senate Bill 1493, Senate Bill 1521, Senate Bill 1522, Senate Bill 1557, Senate Bill 1596, Senate Bill 1681, Senate Bill 1737, Senate Bill 1787, Senate Bill 1789, Senate Bill 1807, Senate Bill 1812, Senate Bill 1857, Senate Bill 1875, Senate Bill 1880, Senate Bill 1915, Senate Bill 1928, SCR51, SCR35, HYR63, HJR130, HCR42, HCR163, House Bill 38952, House Bill 3821, House Bill 3815, House Bill 3808, House Bill 3722, House Bill 3616, House Bill 3579, House Bill 3391, House Bill 3352, House Bill 3337, House Bill 3329, House Bill 3314, House Bill 3309, House Bill 3399, House Bill 3717, House Bill 2971, House Bill 2940, House Bill 2911, House Bill 2904, House Bill 2889, House Bill 2886, House Bill 2768, House Bill 2735, House Bill 2707, House Bill 2703, House Bill 2649, House Bill 2610, House Bill 2603, House Bill 2579, House Bill 2510, House Bill 2471, House Bill 2422, House Bill 2387, House Bill 2382, House Bill 2189, House Bill 2135, House Bill 2132, House Bill 2127, House Bill 2109, House Bill 2103.

SENATOR STEVE OGDEN: The chair recognizes Senator Huffman for a motion to concur in House amendments to Senate Bill 176.

SENATOR JOAN HUFFMAN: Thank you Mr. President I move that the Senate concur with House amendments to Senate Bill 176 allows dual credit students that earn high school be exempted from accounting against the student for the tuition rebate program.

SENATOR STEVE OGDEN: Senator Huffman you have that the Senate concur in House amendments to Senate Bill 176. The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays the motion adopted. Chair recognizes Senator Zaffirini for a motion to concur in House amendments to Senate Bill 812.

SENATOR JUDITH ZAFFIRINI: Thank you Mr. President. Mr. President and members I move that the Senate concur in House amendments to Senate Bill 812 which the Senate passed unanimously on May 5th. Basically the House amended it to conform the bill to the provisions of House Bill 159 which we have passed earlier. This is one of those situations that the bills crossing across the rotunda. Mr. President I move adoption or I move to concur.

SENATOR STEVE OGDEN: Senator Zaffirini move that the Senate concur in House amendments to Senate Bill 812. The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays, the motion is adopted.

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

LT. GOVERNOR DAVID DEWHURST: The chair recognizes Senator Huffman for a motion to refuse to concur in House amendments of Senate Bill 377 and request appointment of a conference committee.

SENATOR JOAN HUFFMAN: Thank you Mr. President I move that the Senate not concur with House amendments to Senate Bill 377 and request the payment of conferees to a conference committee. Senate Bill 377 will make the murder of a child under age ten a capital offense. The House changed and added an additional offense and I am concerned about the constitutionality of that additional offense beyond the scope and intent of Senate Bill 377. Thanks Mr. President.

LT. GOVERNOR DAVID DEWHURST: Thank you Senator Huffman. Members, you heard the motion by Senator Huffman to refuse to concur with House amendments on Senate Bill 733 and to request the appointment of a conference committee. Is there objection from any member? The chair hears no objection from any member, so ordered. Are there any motions to instruct in chair hears no motions to instruct. The following conferees.

PATSY SPAW: Conference committee on Senate Bill 377. Senator Huffman, chair, members, Senator Whitmire, Senator Eltife, Senator Patrick, and Senator Nelson.

LT. GOVERNOR DAVID DEWHURST: The chair recognizes Senator Huffman for a motion to refuse to concur in House amendments to Senate Bill 1010 and to request the appointment of a conference committee.

SENATOR JOAN HUFFMAN: Thank you Mr. President. I move the Senate not concur in House amendments to Senate Bill 1010 and request the appointment of conferees to a conference committee. Senate Bill 1010 would require prosecutors to give notice of a plea agreement to victims. The suggested House change added some requirements that are beyond the scope and intent of Senate Bill 1010. Thank you Mr. President.

LT. GOVERNOR DAVID DEWHURST: Thank you Senator Huffman. Members Senator Huffman that the Senate not concur in House amendments to Senate Bill 1010 and request appointment of a conference committee. Is there objection from any member? The chair hears no objection from any member, so ordered. Are there any motions to instruct? Chair hears no motion to instruct. The following conferees.

PATSY SPAW: Conference committee on Senate Bill 1010 Senator Huffman chair, members Senator Hegar, Senator Nelson, Senator Patrick and Senator Whitmire.

LT. GOVERNOR DAVID DEWHURST: Is Senator Patrick on the floor? The chair recognizes Senator Patrick for a motion to grant the request of the House on the appointment of a conference committee on House Bill 1619. House Bill 1619.

SENATOR DAN PATRICK: So moved Mr. President.

LT. GOVERNOR DAVID DEWHURST: Thank you Senator Patrick. Member, you've heard the motion by Senator Patrick to grant the request of the House for a conference committee on House Bill 1619. Is there objection from any member? The chair hears no objection from any member, it's so ordered. Are there any motions to instruct? Chair hears no orders to instruct. The following conferees.

PATSY SPAW: Conference committee on House Bill 1619 Senator Patrick chair, members, Senator Nichols, Senator Hegar, Senator Huffman and Senator Eltife.

LT. GOVERNOR DAVID DEWHURST: The chair recognizes Senator Whitmire for a motion to grant the House a conference committee on House Bill 200.

SENATOR JOHN WHITMIRE: I move not to concur with House amendments and the appointment of a conference committee.

LT. GOVERNOR DAVID DEWHURST: Thank you, Dean. Members you heard the motion by Senator Whitmire to grant the request the House for a conference committee on House Bill 200. Is there objection from any member? The chair hears no objection from any member, to order. Are there any motions to instruct? Chair chairs no motion to instruct. The following conferees.

PATSY SPAW: Conference committee on House Bill 200. Mart Whitmire, chair, member, Senator Hegar, Senator Huffman, Senator Ellis and Senator Patrick.

LT. GOVERNOR DAVID DEWHURST: The chair recognizes Senator Whitmire for a motion to refuse to concur in House amendments to Senate Bill 1600 and to request the appointment of a conference committee.

SENATOR JOHN WHITMIRE: I move to not concur in House amendments and the appointment of a conference committee.

LT. GOVERNOR DAVID DEWHURST: Thank you Senator. Members you heard the motion by Senator Whitmire. Is there objection from any member? The chair hears no objection from any member, so order. Are there any motions to instruct? Chair hears no motions to instruct. The following conferees.

PATSY SPAW: Conference committee on Senate Bill 1600 Senator Whitmire, chair, member, Senator Hinojosa, Senator Huffman, Senator Gallegos, and Senator Nelson.

LT. GOVERNOR DAVID DEWHURST: Senator Patrick, are you in a position to bring up the House Bill 1937?

SENATOR DAN PATRICK: Not at this moment Mr. President.

SENATOR JOHN CARONA: Mr. President.

LT. GOVERNOR DAVID DEWHURST: Senator Carona for what purpose to you rise?

SENATOR JOHN CARONA: A parliamentary inquiry please.

LT. GOVERNOR DAVID DEWHURST: We don't have a matter in front of us right now.

SENATOR JOHN CARONA: Well, my question is simply this. I think we're -- there's been some discussion about bringing back up the -- what's it even called in the TSA bill for a lack of a better description.

LT. GOVERNOR DAVID DEWHURST: You mean House Bill 1937?

SENATOR JOHN CARONA: Yes, sir. And my question is this. It seems to be evident that there are not a sufficient number of votes to bring it forward and if it were, it's my understanding from walking the floor and talking with members that numerous members intend to filibuster this past the midnight hour. Therefore I -- it's my question, would it seem ill logical at this point knowing that the bill is not likely to see passage even if we were able to suspend at this time. And if I am right in my assessment of the members, then my question is there any remaining business for us tonight other than that issue? If there's not, could we perhaps consider going home.

LT. GOVERNOR DAVID DEWHURST: Novel idea. The last night Senator Patrick drew down his bill before he made the motion to suspend and a roll call vote. In talking with him this afternoon, I asked if he had the votes, I wasn't in your caucus after I left -- I mean, obviously whatever y'all discussed when I left, I was not in the caucus. So I told him if he had the votes I would recognize him and that was simply out of respect for Senator Patrick if he had the votes.

SENATOR JOHN CARONA: And I am among those willing to give him a vote but I understand that we are still considerably short of the threshold and with that in mind unless Senator Patrick is of the mind that that could change in the next few moments, it would seem that we ought to abandon this effort and either go on to other business or perhaps go home for the evening.

SENATOR JOHN WHITMIRE: Mr. President, Mr. President.

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

SENATOR JOHN WHITMIRE: Would you recognize me for a highly privileged motion?

LT. GOVERNOR DAVID DEWHURST: In just a moment. I'll be more than happy to. Senator Patrick for what purpose do you rise?

SENATOR DAN PATRICK: Mr. President, as members know, we caucused this morning and there was a consent us there were no votes to bring the bill back today and through the day some members felt like there should be an effort made to bring it back because they wanted to cast a vote either for or against, mostly for. I have worked all day to talk to members and it's apparent as Senator Carona said there are not the votes now. I felt I had an obligation to all 30 senators this morning to listen and as senators came to me -- and quite a few senators. I mean more than ten who wanted a vote but that is short of the votes we would need to suspend or even if we pass to suspend on third reading to pass the bill and at that point, if you don't have the votes to bring the bill to the floor, you don't have the votes to bring the bill to the floor. And we respect the majority rule of the members even though there's some members including myself who would like to cast a vote for this bill.

LT. GOVERNOR DAVID DEWHURST: Thank you Senator Patrick. Senator Whitmire.

SENATOR JOHN WHITMIRE: I would like to move that the Senate adjourn until 1:30 tomorrow afternoon.

LT. GOVERNOR DAVID DEWHURST: Are there -- before we do that, are there any additional announcements in any announcements? Senator Hegar has announced that his desk is clear. Members we have one more piece of business. The chair lays out on second reading House Bill 1844. The secretary will read the caption.

PATSY SPAW: House Bill 1844 relating to storage of local government records by the Texas state library and archives commission.

LT. GOVERNOR DAVID DEWHURST: The chair recognizes Senator Watson for a motion.

SENATOR KIRK WATSON: I want to make sure I'm not moving to suspend here. I move passage of House Bill 1844 to third reading.

LT. GOVERNOR DAVID DEWHURST: Members, you heard the motion by Senator Watson. Is there objection from any member? The chair hears no objection from any member, House Bill 1844 passes to third reading. You want to tell them what the bill is about?

SENATOR KIRK WATSON: I guess I could do that. That would be a good thing. This bill authorizes the Texas state library and archives commission to store the records of the local government and state agencies established fee you have to cover the cost.

LT. GOVERNOR DAVID DEWHURST: I don't know it sounds suspect to me.

SENATOR KIRK WATSON: I know. I move to suspend the constitutional rule that bills be read for three several days, Mr. President.

LT. GOVERNOR DAVID DEWHURST: Thank you Senator. Members you heard the motion by Senator Watson. The secretary will call the roll.

REPRESENTATIVE DAVID DEWHURST: There being 31 ayes, zero nays the rule is suspended. The chair lays out on third reading and final passage House Bill 1844. The secretary will read the caption.

PATSY SPAW: House Bill 1844 relating to storage of local government records by the Texas state library and arrest chis commission.

REPRESENTATIVE DAVID DEWHURST: The chair recognizes Senator Watson for a motion.

SENATOR KIRK WATSON: Thank you Mr. President. Mr. President I move final passage of House Bill 1844.

LT. GOVERNOR DAVID DEWHURST: Thank you Senator Watson. Members you heard the motion by Senator Watson. The secretary will call the roll.

REPRESENTATIVE DAVID DEWHURST: There being 31 ayes, zero nays House Bill 1844, one of your more important piece of legislation is finally passed. Members the president's desk is clear. Chair recognizes the dean of the Senate for a highly privileged motion.

SENATOR JOHN WHITMIRE: Mr. President I move the Senate stand adjourned until 1:30 tomorrow afternoon.

LT. GOVERNOR DAVID DEWHURST: Thank you dean. Members you heard the motion by the dean of the Senate Is there objection from any member? The chair hears no objection from any member, so ordered. The Senate will stand adjourned until 1:30 tomorrow.

(Adjourned.)