Senate Transcript, May 26, 2011

SENATOR STEVE OGDEN: The Senate will come to order. The secretary will call the roll.

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

SENATOR STEVE OGDEN: A quorum is present. Chair recognizes Senator Eltife to introduce the pastor of the day.

PASTOR: Thank you, Mr. President, members. On behalf of Senator Ogden, I'm honored to introduce today Pastor Danny Green, senior pastor of Covenant Family Church. Pastor Green is the senior pastor of Covenant Family Church, a nondenominational church with campuses in Bryan and College Station, which he and his wife Janet started in 1987. They have been married for 31 years and are the parents of two sons Jared and Nathan. Pastor Danny grew up in the home of a pastor and joined the ministry at the age of 17. He serves on various advisory boards and councils for churches both locally and nationally. Pastor Green, thank you for being here today.

SENATOR STEVE OGDEN: All on the floor and in the gallery please rise for the invocation to be delivered by Pastor Danny Green, Covenant Family Church of College Station.

PASTOR: Merciful God, we humbly and confidently stand before you today giving honor to you for your overwhelming love and praise. We realize how much we need Your guidance and Your almighty hand upon us as we exercise wisdom and courage to uphold this, our constitution which established a republic based on our absolute truth and laws. Heavenly Father, it is You who gives us the to represent those who have trusted us to be in this place and make decisions for a better and safer and healthier community. I pray that each of us here today will understand and follow the principles written in Your word, may we realize that all authority comes from You and that one day we will give account as to how we use that authority. Teach us to ever be aware of those we have been called to serve. May we not forget the sacredness of our vow, the power of our promise and the purpose our of position. Remind us to protect those who need it most, to provide for those who are neglected and to empower those who will make a positive difference for all. Bless each of us who have been sent here to direct the great state of Texas to the center of Your will. Protect our families, our soldiers and leaders locally and nationally. I thank You for sending your son Jesus to be our Lord. Search us now and know our hearts, cleanse us from every sin. We gratefully ask these things in Your name. Amen.

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

MR. DOORKEEPER: Mr. President there's a 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 the Senate that the House has taken the following action: The House has passed the following measures, SCR56 by Fraser honoring John Cowen on the occasion of his retirement from the Texas Association of Journeymen --

SENATOR STEVE OGDEN: Thank you. Senator Ellis, you're recognized for an introduction.

SENATOR RODNEY ELLIS: Thank you, Mr. President and members. I am glad to have my college Representative Gary Elkins here with meHe. He suggested that I honor this group today. Education is so important to all of us. Today, members, we have in the Texas Senate Mr. Robert Garner, of the African American National Spelling Bee Championship. Mr. Garner is a businessman from Fort Bend county and volunteers at the Houston Parks and Recreation Department. Mr. Garner established the spelling bee to encourage African American youths to learn about the origin and spelling of words to increase their vocabulary and increase confidence. On May the 14th, 2011, at Jackie H. High School, middle school students from the area schools participated in the spelling bee. With Mr. Garner and the African American national spelling bee championship executive director Jacqueline Terrell, the first place winner Mary Bellow is here. Second place winner Ashley Williams, third place winner Aniah Dyson. These outstanding students attend the Girls and Boys Prep Academy in Houston. Members, in the gallery are the families and their teachers. Brenda Upton, if you are on the floor? Brenda Upton, I thought -- is I thought was principal, Tyra Ross and superintendent Victoria Dunn. Members mthey did an outstanding job. I am told that the winner spelled the word quixotical. I have no idea what it means Mr. Chairman, but if you figure it out, when I ask the kids they'll tell me and I'll let you know as well. Members, would you please welcome the teachers of these outstanding young leaders who are going to be our future leaders and hopefully Senators at one point in the Texas Senate.

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 the in Senate that the House has taken the following action: The House has recommitted the following measures to conference committee SB316 respectfully --

SENATOR STEVE OGDEN: Thank you. All right. The chair recognizes Senator Hegar to introduce the doctor of the day.

SENATOR GLENN HEGAR: Thank you, Mr. President and members. Today the physician of the day, we have Dr. Jorge Desella of Wimer and also with him is third year resident Miguel Guerrera. Dr. Jorge currently practices at (inaudible) Clinic in Wimer. He's a member of the Texas Academy of Family Physicians, is also a member of the committee on legislative and public affairs as well as a member and fellow of the American Academy of Family Physicians. A clinical associate professor at UTMB Family Medicine Department and also a clinical associate professor at Texas Tech University Health Science Center School of Medicine. It's a great pleasure to introduce my constituent and a friend of mine for doctor of the day. Thank both of you so very much for your service, your dedication and commitment to not only us here today but also our staffs and also for what you do for Texas. Thank you very much.

SENATOR STEVE OGDEN: Thank you, Doctors. Chair recognizes Senator Huffman for a motion to grant the House's request for the appointment of a conference committee on House Bill 2605.

SENATOR JOAN HUFFMAN: So moved.

SENATOR STEVE OGDEN: Senator Huffman moves that the Senate grant the request of the House on House Bill 2605. Is there objection? Chair hears none. Are there motions to instruct?

PATSY SPAW: Conference committee on House Bill 2605 Senator Huffman, chair, members, Senator Hegar, Senator Hinojosa, Senator Nelson and Senator Whitmire.

SENATOR STEVE OGDEN: Chair recognizes Senator Birdwell for a motion to grant the House's request for appointment of a conference committee on House Bill 90.

SENATOR BRIAN BIRDWELL: Thank you, Mr. President, members. House Bill 90 Aaron's Act is relating to the eligibility of drivers to obtain a license under hardship circumstances. I move that we grant the House's request for a conference committee on House Bill 90.

SENATOR STEVE OGDEN: Is there objection? Chair hears none. Are there motions to instruct?

PATSY SPAW: Conference committee on House Bill 90: Chair Senator Birdwell, members Senator Williams, Senator Nichols, Senator Watson and Senator Patrick.

SENATOR STEVE OGDEN: The Chair recognizes Senator Birdwell for a motion to grant the House's request for appointment of a conference committee on House Bill 1178.

SENATOR BRIAN BIRDWELL: Thank you, Mr. President and members. House Bill 1178 is relating to the employment protection for members of our state military forces. I move that we grant the House's request for a conference committee.

SENATOR STEVE OGDEN: Is there objection? Chair hears none. Are there motions to instruct?

PATSY SPAW: Conference committee on House Bill 1178 Chair, Senator Birdwell, member, Senator Van de Putte, Senator Seliger, Senator Estes, and Senator Harris.

SENATOR STEVE OGDEN: Following motion in writing.

PATSY SPAW: Motion on amended bills. Senator Ogden refuses to concur in House amendments to Senate Bill 1588 and request appointment of a conference committee.

SENATOR STEVE OGDEN: Is there objection? Chair hears none. Are there motions to instruct? Following con conferees.

PATSY SPAW: Conference committee on Senate Bill 1588 Chair, Senator Ogden, members, Senator Estes, Senator Hinojosa, Senator Lucio and Senator Seliger.

SENATOR STEVE OGDEN: Members, there's been a question about the business today and how long we will be in session. Unless there's a rule suspension, all of the business is going to be on concurring with House amendments, appointing conference committees. So one thing is, members, if you have got some questions or issues with conference committee reports that are on the desk, if you'll kind of tell us in advance, then we'll make sure you're out here when we bring it up. I think we'll also have a Senate caucus in a little bit to discuss the latest developments in the school finance negotiations and it's just going to be kind of in or out until I am guessing about 7:00 pm. But if there's anything on the parliamentarian's desk of which you have a specific interest, if you'll tell us, we'll make sure you're out here when we bring it up. Chair recognizes Senator Huffman for a motion to concur in House amendments on Senate Bill 683.

SENATOR JOAN HUFFMAN: Mr. President, I move to concur.

SENATOR STEVE OGDEN: Can you tell us what you're concurring to?

SENATOR JOAN HUFFMAN: Senate Bill 683.

SENATOR STEVE OGDEN: Can you explain why?

SENATOR JOAN HUFFMAN: You'll have to come back to me on that in just a moment.

SENATOR STEVE OGDEN: Thank you, Senator Huffman. We'll recognize you in a minute. Senator Hinojosa is recognized for a motion to concur in House amendments to Senate Bill 810. Senator Hinojosa.

SENATOR JUAN HINOJOSA: Thank you, Mr. President and members. I move that we concur with the amendments that were added to Senate Bill 810. This is strictly a local bill. There was some errors in the grammar and the punctuation, and it was corrected to the amendment. So I ask for concurrence.

SENATOR STEVE OGDEN: Senator Hinojosa moves that the Senate concur to House amendments to Senate Bill 810. The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays, the motion is adopted.

SENATOR JUAN HINOJOSA: Thank you, Mr. President.

SENATOR STEVE OGDEN: The Chair recognizes Senator Jackson for a motion to concur in House amendments to Senate Bill 20.

SENATOR MIKE JACKSON: Thank you, Mr. President and members. This is Senator Williams' bill, and as a courtesy to him, I'd like to move that we concur in the House amendments to Senate Bill 20. It allocates TERP funds to create a clean transportation triangle and provides grants to cover the incremental cost of natural gas vehicles and much needed infrastructure. I move to concur with House amendments to Senate Bill 20.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: 29 ayes and two nays, the motion is adopted. Thank you, Senator Jackson. Chair recognizes Senator Ellis for a motion to concur in House amendments to Senate Bill 1686.

SENATOR RODNEY ELLIS: Thank you, Mr. President and members. Senate Bill 1686 would allow exonerees to receive compensation from the state for their wrongful conviction, would also be entitled to group health insurance through the Texas Department of Criminal Justice. The exonerees would pay the required amount for the coverage. The House added an amendment to correct an error from an earlier draft that made the health care benefits effective 2012 instead of 2011. The House was right this time. So I move we concur in House amendments to Senate bill 1686. The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays the motion is adopted. Thank you. The Chair recognizes Senator Jackson for a motion to concur in House amendment to Senate Bill 1714.

SENATOR MIKE JACKSON: Thank you, Mr. President. As a courtesy to Senator Duncan. Senate Bill 1714 deals with a prohibition of preinjury waiver and addresses a court decision that tells an employee covered by a nonsubscriber occupational plan can exclude a preinjury waiver as long as an employer's has worked -- workman's comp insurance and adding to the occupational plan under a dual arrangement. The House amendments grandfathers those employers who met certain requirements under the statute on January 1, 2011, and ensures a predecision statute that eliminates nonsubscriber's common law defense is maintained, makes technical corrections, and I would move that the Senate concur in the House amendment to Senate Bill 1714.

SENATOR STEVE OGDEN: Senator Jackson moves that the Senate concur in House amendments no Senate Bill 1714. The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays, the motion is adopted. Senator west recognized for a motion to concur in House amendments to Senate Bill 167.

SENATOR ROYCE WEST: Mr. President, at this time I move to concur with the amendments placed on by the House in Senate Bill 167. Senate Bill 167 passed the Senate unanimously. It provides automatic expunction of a person who receives a pardon with respect to the offense of which they were originally charged. As a result of the input of the House committee of criminal jurisprudence, the bill was amended to clarify the compunction of records of an exoneree is based on actual innocence, not to any reasons that subject might receive a pardon. I move to concur.

SENATOR STEVE OGDEN: Senator West moves that the Senate concur in House amendment to Senate Bill 167. The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays the motion is adopted. The Chair recognizes Senator Van de Putte for a motion to grant the House's request for appointment after to conference committee on House Bill 1333.

SENATOR LETICIA VAN DE PUTTE: Thank you, Mr. President. Mr. President and members, I move not to concur with the -- I move to grant the House's request to not concur with the Senate amendments and I think it's House Bill 1335.

SENATOR STEVE OGDEN: Yes, ma'am.

SENATOR LETICIA VAN DE PUTTE: 1335 and request the appointment of a conference committee.

SENATOR STEVE OGDEN: Is there objection? Chair hears none. Are there motions to instruct? The following conferees.

PATSY SPAW: Conference committee on House Bill 1335: Senator Van de Putte, Chair, members, Senator Carona, Senator Lucio, Senator Shapiro, and Senator Zaffirini.

SENATOR STEVE OGDEN: The Chair recognizes Senator West for a motion to concur in House amendments to Senate Bill 761. 761.

SENATOR ROYCE WEST: Mr. President and members, I move co not with the House amendments to Senate Bill 761. Mr. President and members, Senate Bill 761 was passed by the Senate on local calendar. It deals with the issue of Scottish Rites Hospital in Dallas in the continuing practice of employing physicians. As a result of continued discussion with the hospital and the Texas Medical Association, the bill was amended in the House to designate the chief medical officer as a contact for the Texas Medical Board and included a process by which any conflicts between policies of the chief medical officer and the hospital could be resolved. I move to concur with the amendments of Senate Bill 761.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays, the motion is adopted. Thank you, Senator. The Chair recognizes Senator West for a motion not to concur in House amendments to Senate Bill 694.

SENATOR ROYCE WEST: Mr. President and members, Senate Bill 694 passed the Senate unanimously on April the 12th. When the bill was in the House, the committee substitute for the language of the House, the text of the bill, we passed. Because we have some differences to work out, I move not to concur in House amendments to Senate Bill 694 and request the appointment of a conference committee.

SENATOR STEVE OGDEN: Is there objection? Chair hears none. Are there any motions to instruct? The following conferees.

PATSY SPAW: Conference committee on Senate Bill 694 Senator West, Chair; members Senator Fraser, Senator Duncan, Senator Uresti, and Senator Harris.

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

PATSY SPAW: Motion in writing by Duncan. Mr. President, I move that the Senate refuse to concur in House amendments to Senate Bill 1717 and request appointment of a conference committee.

SENATOR STEVE OGDEN: Is there objection? Chair hears none. Are there any motions to instruct? Following conferees.

PATSY SPAW: Conference committee on Senate Bill 1717 Chair Senator Duncan, members, Senator Harris, Senator Huffman, Senator Uresti, and Senator Hinojosa.

SENATOR STEVE OGDEN: The Chair recognizes Senator Huffman for a motion to concur in House amendments to Senate Bill 683.

SENATOR JOAN HUFFMAN: Thank you, Mr. President. I move to concur with House amendments to Senate Bill 683. Senate Bill 683 simply adds two additional board members to the board of directors of the Gulf Coast Water Authority. The House added an amendment that made the bill effective immediately. The amendment is acceptable, and I move to concur.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: Being 31 ayes, zero nays, the motion is adopted. The Chair recognizes Senator Patrick for a motion to not concur in House amendments to Senate Bill 516.

SENATOR DAN PATRICK: Thank you, Mr. President, members. This was our bill that allows veterans who are 100 percent disabled, when they pass, for their spouses to continue to get that benefit. The House put an amendment on that would make the spouses have to reapply every year. So I am not going to accept that amendment and move to conference.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, are there motions to instruct? Following conferees.

PATSY SPAW: Conference committee on Senate Bill 516 Senator Patrick, Chair, members Senator Birdwell, Senator Hinojosa, Senator Nichols and Senator Huffman.

SENATOR STEVE OGDEN: Chair recognizes Senator Patrick for a motion to concur in House amendments to Senate Bill 1788. Excuse me, are you refusing to concur or concur? I think you're going to --

SENATOR DAN PATRICK: On 1788? We are going to conference, we have to clarify language in an amendment that was added.

SENATOR STEVE OGDEN: All right. Chair recognizes Senator Patrick for a motion to not concur in House amendments to Senate Bill 1788.

SENATOR DAN PATRICK: Yes, this was an amendment added on by Representative Dan Huberty concerning Humble School District. We just have to make sure the language is correct.

SENATOR STEVE OGDEN: Senator Patrick moves that the Senate not concur in House amendments to Senate Bill 1788 and request the appointment of a conference committee. Is there objection? Chair hears none, are there any motions to instruct? Following conferees.

PATSY SPAW: Conference committee on Senate Bill 1788 Senator Patrick, Chair, members, Senator Huffman, Senator Shapiro, Senator Nelson, and Senator West.

SENATOR STEVE OGDEN: Senator Hinojosa. The Chair recognize Senator Hinojosa for a motion to grant the House's request for appointment of a conference committee on House Bill 1732.

SENATOR JUAN HINOJOSA: Mr. President, I accept the request.

SENATOR STEVE OGDEN: Senator Hinojosa moves that the Senate grant the request of the House for appointment of a conference committee on House Bill 1732. Is there objection? Chair hears none. Are there any motions to instruct? Following conferees.

PATSY SPAW: Conference committee on House Bill 1732 Senator Hinojosa, Chair, members, Senator Williams, Senator Seliger, Senator Whitmire and Senator Nelson.

SENATOR STEVE OGDEN: Chair recognizes Senator Zaffirini for a motion to grant the House's request for appointment of a conference committee on House Bill 183.

SENATOR JUDITH ZAFFIRINI: 183?

SENATOR STEVE OGDEN: Yes, ma'am. I misread it, it's 753. How's that? All right. I was close. Let me tart over. The Chair recognizes Senator Zaffirini for a motion to grant the House's request for appointment of a conference committee on House Bill 753.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. Mr. President and members, House Bill 753 by Representative Richard Raymond relates to the recruitment and retention of certain caseworkers employed by the Department of Family and Protective Services. I move that we grant the request of the House to appointment a conference committee so they can remove an amendment we added in the Senate and they consider unacceptable.

SENATOR STEVE OGDEN: Is there objection? Chair hears none. Are there motions to instruct? Following conferees.

PATSY SPAW: Conference committee on House Bill 753. Chair, Senator Zaffirini, members, Senator Deuell, Senator Carona, Senator Rodriguez, and Senator Eltife.

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

SENATOR STEVE OGDEN: The Chair recognizes Senator Carona for a motion to grant the House's request for appointment of a conference committee on House Bill 2226.

SENATOR JOHN CARONA: Members, in the Senate we attached two amendments. The first amendment allowed authorized broker dealers and public fund investments to not only process certificate of deposit but service custodians. The second amendment that we added allows the Department of Agriculture to solicit funding for economic development programs. The House did not concur with our Senate amendments and has requested a conference committee. I move to grant the request of the House for a conference committee on House Bill 2226.

SENATOR STEVE OGDEN: Is there objection? Chair hears none. Are there motions to instruct? The following conferees.

PATSY SPAW: Conference committee on House Bill 2226 Senator Carona, Chair, members, Senator Gallegos, Senator Zaffirini, Senator Nichols and Senator Eltife.

SENATOR STEVE OGDEN: Chair recognizes Senator Estes for a motion to grant the House's request for appointment of a conference committee on House Bill 2560.

SENATOR CRAIG ESTES: So moved.

SENATOR STEVE OGDEN: Senator Estes moves that the Senate grant the request of the House for a conference committee on House Bill 2560. Is there objection? Chair hears none. Are there any motions to instruct? The following conferees.

PATSY SPAW: Conference committee on House Bill 2560 Senator Estes, Chair, members Senator Huffman, Senator Wentworth, Senator Lucio and Senator Hegar.

SENATOR STEVE OGDEN: The Chair recognizes Senator Nichols for a motion to not concur in House amendments to Senate Bill 635.

SENATOR ROBERT NICHOLS: Thank you, Mr. President. I move that we not concur in House amendments to Senate Bill 635 and request the appointment of a conference committee.

SENATOR STEVE OGDEN: Is there objection? Chair hears none. Are there motions to instruct? Following conferees.

PATSY SPAW: Conference committee on Senate Bill 635 Chair, Senator Nichols, members, Senator Hegar, Senator Patrick, Senator Gallegos, and Senator Fraser.

SENATOR STEVE OGDEN: The Chair recognizes Senator Estes for a motion to concur in House amendments to Senate Bill 408.

SENATOR CRAIG ESTES: Thank you, members. This bill amends the John Graves Act with regard to the airboat runs are required to monitor the John Graves River. I move to concur.

SENATOR STEVE OGDEN: Senator, what were the amendments?

SENATOR CRAIG ESTES: Okay. The House cleaned up language regarding the prohibition of air boats by making certain violations class C misdemeanors, specifying any peace officer including law enforcement officer commissioned by the Parks and Wildlife Commission can enforce the prohibition. That's what they did.

SENATOR STEVE OGDEN: Senator Estes moves that the Senate concur in House amounts to Senate Bill 408. The secretary will call the roll.

SENATOR STEVE OGDEN: Being 31 ayes, zero nays, the motion is adopted.

SENATOR CRAIG ESTES: Thank you, Mr. President.

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

SENATOR JOHN WHITMIRE: Thank you, Mr. President. Members, if I can have your attention, we're going to recess until 4:30. Members, we're going to recess until 4:30, but we're going to caucus right now. So if I could have everyone report to the caucus to go over some procedural matters. I would appreciate it. I move that we recess until 4:30.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, Senate stands recessed until 4:30 pm.

(Recessed.)

SENATOR STEVE OGDEN: Chair recognizes Senator Deuell for a motion to grant the House's request for appointment of a conference committee on House Bill 2048.

SENATOR BOB DEUELL: Thank you, Mr. President and members. I ask that we be granted a conference committee. We have a few things we need to work out. Nothing major.

SENATOR STEVE OGDEN: Senator Deuell moves that the Senate grant the request of the House for a conference committee on House Bill 2048. Is there objection? Chair hears none. Are there motions to instruct? Following conferees.

PATSY SPAW: Conference committee on House Bill 2048 Senator Deuell, Chair, members, Senator Hinojosa, Senator Nelson, Senator Whitmire, Senator Seliger.

SENATOR STEVE OGDEN: Chair recognizes Senator Williams for a motion to not concur on House amendments to Senate Bill 158.

SENATOR TOMMY WILLIAMS: Thank you, Mr. President and members. I move that the Senate refuse to concur in House amendments to Senate Bill 158 and request the appointment of a conference committee. This bill deals with doctor shopping and controlled substances. The House added an amendment that is not germane which we'll need to remove.

SENATOR STEVE OGDEN: Is there objection? Chair hears none. Are there any motions to instruct? The following conferees.

PATSY SPAW: Conference committee on Senate Bill 158 Senator Williams Chair, members, Senator Huffman, Senator Hinojosa, Senator Eltife and Senator West.

SENATOR STEVE OGDEN: Chair recognizes Senator Williams for a motion to grant the House's request for appointment of a conference committee on House Bill 2357.

SENATOR TOMMY WILLIAMS: So moved.

SENATOR STEVE OGDEN: Senator Williams moves that the Senate grant the request of the House for a conference committee on House Bill 2357. Is there objection? Chair hears none. Are there any motions to instruct? Following conferees.

PATSY SPAW: Conference committee on Senate Bill -- House Bill 2357 Senator Williams, Chair, members, Senator Wentworth, Senator Nichols, Senator Lucio and Senator Watson.

SENATOR STEVE OGDEN: Chair recognizes Senator Williams for a motion to grant the House's request for appointment of a conference committee on House Bill 2734.

SENATOR TOMMY WILLIAMS: So moved.

SENATOR STEVE OGDEN: Is there objection? Chair hears none. Any motions to instruct? Following conferees.

PATSY SPAW: Conference committee on House Bill 2734 Senator Williams, Chair, members, Senator Hinojosa, Senator Wentworth, Senator Shapiro, and Senator Nichols.

SENATOR STEVE OGDEN: Chair recognizes Senator Eltife for a motion to not concur in House amendments on Senate Bill 1664.

SENATOR KEVIN ELTIFE: Thank you, Mr. President and members. The House added an amendment regarding benefits for certain retirees that we need to take off, and I move to not concur and appointment a conference committee on House Bill 1664 on behalf of Senator Duncan.

SENATOR STEVE OGDEN: Is there objection? Chair hears none. Are there any motions to instruct? Following conferees.

PATSY SPAW: Conference committee on Senate Bill 1664. Senator Duncan Chair, members, Senator Williams, Senator Ellis, Senator Van de Putte, Senator Deuell.

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

SENATOR STEVE OGDEN: Chair recognizes Senator Zaffirini for a motion to not concur on Senate Bill 40.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. Mr. President and members, Senate Bill 40 relates to the operations and functions of the Texas Guaranteed Student Loan Corporation. This was a very carefully crafted bill that reflected consensus. The House added two amendments that are not in line with that consensus, so we'd like to go to conference to remove them. Therefore I move that the Senate not concur with the House amendments to Senate Bill 48 and request the appointment of a conference committee.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, are there any motions to instruct? Following conferees.

PATSY SPAW: Conference committee on Senate Bill 40. Senator Zaffirini, Chair, members, Senator Duncan, Senator Watson, Senator Carona and Senator Eltife.

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

SENATOR STEVE OGDEN: Chair recognizes Senator West for a motion to not concur in House amendments to Senate Bill 472.

SENATOR ROYCE WEST: Thank you very much, Mr. President. I move not to concur with the House amendments to Senate Bill 472 and request the appointment of a conference committee. The House put on an amendment that we need to go to conference with concerning voting for members of homeowner association boards.

SENATOR STEVE OGDEN: Senator West moves that the Senate not concur in House amendments to Senate Bill 472 and request the appointment of a conference committee. Is there objection? Chair hears none.

SENATOR ROYCE WEST: No.

SENATOR STEVE OGDEN: Chair hears none. Are there any motions to instruct?

SENATOR ROYCE WEST: No.

SENATOR STEVE OGDEN: Following conferees.

PATSY SPAW: Conference committee on Senate Bill 472. Senator West, Chair, members Senator Wentworth, Senator Nichols, Senator Nelson, and Senator Davis.

SENATOR STEVE OGDEN: Chair recognizes Senator Carona for a motion to concur in House amendments -- Chair recognizes Senator Carona for a motion to grant the House's request for appointment of a conference committee on House Bill 2409.

SENATOR JOHN CARONA: That's right. Members, the Senate put some amendments in the bill and as a result the House would like to go to conference committee. I move that we grant their request on House Bill 2490.

SENATOR STEVE OGDEN: Is there objection? Chair hears none. Are there motions to instruct? Following conferees.

PATSY SPAW: Conference committee on House Bill 2490. Senator Carona, Chair, members, Senator Eltife, Senator Lucio, Senator Van de Putte, and Senator Zaffirini.

SENATOR STEVE OGDEN: : The Chair recognizes Senator Harris for a motion to grant the House's request for appointment of a conference committee on House Bill 2900.

SENATOR CHRIS HARRIS: So request.

SENATOR STEVE OGDEN: Senator Harris moves the Senate grant the request of the House for conference committee of House Bill 2900. Is there objection? Chair hears none. Any motions to instruct? Following conferees.

PATSY SPAW: Conference committee on House Bill 2900 Senator Harris, Chair, members, Senator Huffman, Senator Watson, Senator Lucio, and Senator Rodriguez.

SENATOR STEVE OGDEN: The Chair recognizes Senator Jackson for a motion to grant the House's request for appointment of a conference committee on House Bill 1711.

SENATOR MIKE JACKSON: Thank you, Mr. President and members. 1711 was the disaster remediation bill that we had in here. The House didn't like an amendment that we put on and asked for a conference committee. I would move that we grant the House's request and appoint a conference committee on House Bill 1711.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, are there any motions to instruct? Following conferees.

PATSY SPAW: Conference committee on House Bill 1711 Senator Jackson, Chair, members, Senator Williams, Senator Eltife, Senator Huffman and Senator Lucio.

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'm directed by the House to inform the Senate the House has taken the following action, the House has concurred with the Senate amendments in the following measures, HB3, HB743 --

SENATOR STEVE OGDEN: Chair recognizes Senator Hegar for a motion to not concur in House amendments to Senate Bill 1134.

SENATOR GLENN HEGAR: Yeah, Mr. President. I would move that the Senate not concur with House amendments to Senate Bill 1134 and that we ask the appointment of a conference committee.

SENATOR STEVE OGDEN: Is there objection? Chair hears none. Any motions to instruct? Following conferees.

PATSY SPAW: Conference committee on House Bill 1134 Senator Hegar, Chair, members, Senator Fraser, Senator Deuell, Senator Jackson, and Senator Whitmire.

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

PATSY SPAW: Senate Bill 1619, Senate Bill 1726, Senate Bill 1799, Senate Bill 1877, Senate Bill 1899, Senate Bill 1910, Senate Bill 193, Senate Bill 1916, Senate Bill 1925, Senate Bill 1926, SCR2, SCR58, SJR9, SJR14, SJR26, SJR37, SJR60.

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

PATSY SPAW: Senate Bill 1124, Senate Bill 1169, Senate Bill 1200, Senate Bill 1225, Senate Bill 1290, Senate Bill 1360, Senate Bill 1383, Senate Bill 1393, Senate Bill 1434, Senate Bill 1545, Senate Bill 1560, Senate Bill 1617.

SENATOR STEVE OGDEN: Chair recognizes Senator Watson for a motion to grant the House's request for appointment of a conference committee on House Bill 2729.

SENATOR KIRK WATSON: Thank you, Mr. President. This is a bill the Senate passed unanimously expanding public private partnership provision in the local government code to help deliver infrastructural projects. The House didn't agree with the Senate amendments adding Senator Jackson's very fine bill SB1048. The good news is it nevertheless passed both chambers. So I move we grant the House's request for a conference committee on Senate Bill 2729.

SENATOR STEVE OGDEN: Is there objection? Chair hears none. Are there motions to instruct? Following conferees.

PATSY SPAW: Conference committee on House Bill 2729 Senator Watson, Chair, members, Senator Jackson, Senator Eltife, Senator Zaffirini, Senator Ellis.

SENATOR STEVE OGDEN: Chair recognizes Senator Nichols for a motion to concur in House amendments to Senate Bill 573.

SENATOR ROBERT NICHOLS: Thank you, Mr. President and members. 573 streamlined a process of a landowners of 25 acres or more to get out of a CCN if they receive no service. The bill is bracketed to counties of a million and adjacent counties plus Smith County. The amendments that were added represent the (inaudible) and added an amendment that streamlined the process for landowners and CCN holders, Representative Walle added an amendment that if the utility could provide a reason for the rate increase to their customers and a bill payment assistance program to low income rate payers. If it's available. There were a few counties that were exempted from the (inaudible) 573. I move that we concur.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays.

SENATOR ROBERT NICHOLS: Thank you, Mr. President.

SENATOR STEVE OGDEN: Motion is adopted. Thank you. The Chair announces the signing of the following in the presence of the Senate.

PATSY SPAW: Senate Bill 1120, Senate Bill 717, Senate Bill 738, Senate Bill 762, Senate Bill 766, Senate Bill 768, Senate Bill 781, Senate Bill 789, Senate Bill 801, Senate Bill 819, Senate Bill 847, Senate Bill 937, Senate Bill 969, Senate Bill 975, Senate Bill 1,009, Senate Bill 1026, Senate Bill 1042, Senate Bill 1055, Senate Bill 1058, Senate Bill 1073.

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

PATSY SPAW: Senate Bill 17, Senate Bill 173, Senate Bill 201, Senate Bill 244, Senate Bill 271, Senate Bill 327, Senate Bill 329, Senate Bill 364, Senate Bill 365, Senate Bill 370, Senate Bill 460, Senate Bill 475, Senate Bill 479.

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

PATSY SPAW: House Bill 2335, House Bill 1226, House Bill 1163, House Bill 1148, House Bill 1144, House Bill 1129, House Bill 1116, House Bill 1070, House Bill 1060, House Bill 8990, House Bill 1048, House Bill 963, House Bill 943, House Bill 890, House Bill 787, House Bill 737, House Bill 692, House Bill 654, House Bill 588, House Bill 577, House Bill 534, House Bill 528, House Bill 447, House Bill 412, House Bill 364, House Bill 343, House Bill 338, House Bill 254, House Bill 149.

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

PATSY SPAW: House Bill 2632, House Bill 2619, House Bill 2604, House Bill 2472, House Bill 2425, House Bill 2359, House Bill 2325, House Bill 2292, House Bill 2280, House Bill 2223, House Bill 2195, House Bill 2170, House Bill 2160, House Bill 2120, House Bill 2098, House Bill 2038, House Bill 1992, House Bill 1964, House Bill 1942, House Bill 1615, House Bill 160, House Bill 1499, House Bill 1486, House Bill 1315, House Bill 1305, House Bill 1274.

SENATOR STEVE OGDEN: Chair recognizes Senator Fraser for a motion to not concur in House amendments to Senate Bill 875.

SENATOR TROY FRASER: Mr. President and members, Senate Bill 875 as passed by the Senate provides for an affirmative defense to an entity who is subject to administrative, civil or criminal action for a nuisance or trespass violation arising from greenhouse gas emissions. I know all of you likely have been contacted about the language that was added on the House floor. My plan is to go to conference to take the bill back to the language as it was passed out of the Senate. I would -- I am going to move to refuse to concur on House amendments in a second, but I think I got a question.

SENATOR STEVE OGDEN: All right. Senator Watson, for what purpose do you rise?

SENATOR KIRK WATSON: Question of Senator Fraser.

SENATOR TROY FRASER: I will yield.

SENATOR KIRK WATSON: Thank you, Mr. President. Senator Fraser, we've been talking about SB875 as it was amended in the House all day today and --

SENATOR TROY FRASER: Yes, we have.

SENATOR KIRK WATSON: And I appreciate your patience with me. Thank you for that, and I heard what you just said and that's based upon -- that's what we've been talking about all day is that you intend -- you're going to take this back to the conference committee with the intent of stripping what has been referred to as the Bonnen amendment off of SB875.

SENATOR TROY FRASER: That is correct. That amendment's put on, and obviously there's some objections to that. The bill that came out of here, you know, we passed out the Senate started voting on it. My plan is to take the Bonnen amendment off the bill, go to conference committee, take that off and it is my belief that the House will do the same thing and we can pass the original bill.

SENATOR KIRK WATSON: I appreciate that and I appreciate the fact again you have been open to discussions. I want to make sure we're clear on what that means. If the Bonnen amendment cannot be stripped off of SB875, your position is that you will kill SB875 and that's your commitment?

SENATOR TROY FRASER: That bill will not come back before this body, and I will not ask the members of the Senate to vote for the bill with the Bonnen amendment on. It's my intent to take it off. If for some reason, we cannot do that, I make a commitment to you that I will not bring it back and the bill will die.

SENATOR KIRK WATSON: We talked about the fact and, you know, I got a lot of questions about various aspects about the Bonnen amendment and how it differs from what was actually your original bill, which again I was not in favor of, but it was different from your original bill and what you're talking about is we're not talking about variations on the Bonnen amendment, we're not talking about bits and pieces or parts of the Bonnen amendment, we're talking about it all has to go or your commitment is you will kill the bill.

SENATOR TROY FRASER: That is correct, the way you described it is correct and I make that commitment to you. In fact, to make sure that you get to watch the process, even though you voted against the bill, I normally don't put that person on the conference committee, I'm going to ask you to serve on the conference committee to help me work this out.

SENATOR KIRK WATSON: Thank you very much. Thank you, Mr. President.

SENATOR TROY FRASER: And if there's no other questions I will --

LT. GOVERNOR DAVID DEWHURST: Senator Ellis, for what purpose to you rise?

SENATOR TROY FRASER: And Senator Ellis, did you hear that I am stripping out the Bonnen amendment totally?

SENATOR RODNEY ELLIS: Okay. You strip it out totally --

SENATOR TROY FRASER: It's gone -- well, it's -- I am -- I am going to move to not concur with House amendments. The conversation I just had with Senator Watson is we're going to take it to conference committee, we're going to take it back, we're going to take the Bonnen amendment off which is objectionable, I know you're going to talk about.

SENATOR RODNEY ELLIS: It is. Let me do this. Quick parliamentary inquiry, Mr. President, if I might.

SENATOR TROY FRASER: Would you like to approach the bench to make that inquiry?

SENATOR RODNEY ELLIS: No, I'm going to be a nice guy.

LT. GOVERNOR DAVID DEWHURST: State your inquiry, Senator Ellis.

SENATOR RODNEY ELLIS: Mr. President, if I have a point of order that I could raise on this bill that I think would kill it, my question is will that point of -- will it till be a good point of order when this comes back from conference committee in case Senator Fraser's not able to get the House to understand? I want to know if the point of order I can raise now will be preserved until then and I can kill it then if that amendment did not come out. And so if I have a point of order now --

SENATOR TROY FRASER: Senator, can I -- I don't know if you heard the commitment that I made to Senator Watson, I said if that amendment did not come off, I will not bring the bill back before this body, I make the commitment to all the senators. I will not bring the bill back over here and I will not ask the members to vote for it. That bill is dead if they will not concur with this and I will not bring it back over. I make that commitment to you.

SENATOR RODNEY ELLIS: Thank you, I withdraw my parliamentary inquiries.

LT. GOVERNOR DAVID DEWHURST: Members, Senator Fraser moves that the Senate not concur in the House amendments to Senate Bill 875 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? The Chair hears no motion to instruct. The following conferees.

PATSY SPAW: Conference committee on Senate Bill 875. Senator Fraser Chair, members, Senator Duncan, Senator Watson, Senator Jackson, Senator Estes.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Shapiro for a motion to grant the request of the House for a conference committee on House Bill 2380. 2380.

SENATOR FLORENCE SHAPIRO: Thank you, Mr. President and members. House Bill 2380 amends the education code so that school districts can place an individual assigned to a new professional capacity on a probationary contract. On the Senate floor I added an amendment creating a new three year probational provisional certificate for beginning teachers which also details what certifications may or may not receive a probationary contract. I move the Senate grant the request of the House for a conference committee on Senate Bill 380 at this time.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Members, Senator Shapiro moves the Senate grant the request of the House for a conference committee on House Bill 2380. 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 House Bill 2380, Chair, Senator Shapiro, members, Senator Patrick, Senator Carona, Senator Seliger, and Senator Nelson.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Shapiro for a motion to concur in the House amendments to Senate Bill 181.

SENATOR FLORENCE SHAPIRO: Thank you, Mr. President and members. I move the Senate concur in the House amendments to Senate Bill 181. An amendment was added on second reading in the House that would have required the county commissioner court to appoint a representative to its local regional water planning group. This amendment was quickly removed on third reading. Therefore the bill is identical to the one that passed the Senate unanimously. I move to concur.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Shapiro. Senator Shapiro moves that the Senate concur in the House amendments to Senate Bill 181. The secretary will call the roll.

LT. GOVERNOR DAVID DEWHURST: There being ayes, zero nays, the motion is adopted. The Chair signs in the presence of the Senate the following.

PATSY SPAW: HJR109, HCR153, HCR130, HCR86, HCR24, House Bill 3864, House Bill 3862, House Bill 3836, House Bill 3829, House Bill 3823, House Bill 3796, House Bill 3788, House Bill 3727, House Bill 3578, House Bill 3439, House Bill 3423, House Bill 3410, House Bill 3404, House Bill 3336, House Bill 3311, House Bill 3270, House Bill 3182, House Bill 3167, House Bill 3145, House Bill 3134, House Bill 3093, House Bill 2994, House Bill 2872, House Bill 2792, House Bill 2769, House 2725.

LT. GOVERNOR DAVID DEWHURST: Members, I have some good news and bad news. The good news and bad news is the president's desk is clear. Except for -- are there any announcements? Chair hears no announcements and the Chair recognizes the dean of the Senate for a highly privileged motion.

SENATOR JOHN WHITMIRE: I am sorry, I was --

LT. GOVERNOR DAVID DEWHURST: The dean moves that we stand in session a little longer for the

(inaudible) cord and have more --

SENATOR JOHN WHITMIRE: We'd need to create some news for them. I move that the Senate adjourn until 10:00 am tomorrow pending the receipt of the House messages.

LT. GOVERNOR DAVID DEWHURST: Thank you, Dean. Members, you heard the motion by the dean. Is there objection from any member? The Chair hears no objection from any member, the Senate will stand adjourned until 9:00 a.m -- until 10:00 a.m. tomorrow morning.

(Adjourned.)