Senate Transcript, May 27, 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. All on the floor and in the gallery please rise for the invocation to be delivered by Pastor Erick Louis Jordan of Breath of Praise Community Church of Round Rock.

PASTOR: Shall we pray. Most gracious God, creator of heaven and earth, on that high tower that oversees this turbulent land, our shelter in times of storm within these dignitaries, I ask that Your wisdom abide with them, I pray that Your mercy stirs the compassion in them. I ask Lord God that Your grace is sufficient for them and that Your love motivates them to love one another even as You have loved them. I ask in times of economic uncertainty to retore hope, restore hope that You are able to supply our need. I pray despite these times of divisiveness, you are able to bring about unity. I pray that even though the threat of terrorism is great, You are greater and able to protect this great state and country. Give our law makers the wisdom and ability to hear Your voice when the voice of righteousness is suppressed. Remind us that You are not the author of confusion but the progenitor of harmony. Now, unto Him who is able to keep us from falling and to present us before Your glory with exceeding job, to the only wise God and Savior be glory and majesty, power and dominion both now and forever more. Amen.

SENATOR STEVE OGDEN: Thank you, Pastor. You may be seated in the gallery. Members, Senator Whitmire moves to dispense with the reading of yesterday's journal. Is there objection? The Chair hears none, so ordered. Chair recognizes Senator Watson to introduce the doctor of the day.

SENATOR KIRK WATSON: Thank you very much, Mr. President. I'm pleased to have Dr. Jim Brown here with us today. He received his undergraduate degree from the University of Texas at Austin and then went on to the University of Texas Medical School in Houston for his medical degree. He has been affiliated and worked at all I guess all of the major hospitals in Austin including Dale Children's Medical Center, Seaton Medical Center, Brakendridge, he's currently the vice president and medical director of Seaton Health Plan and the vice president of network case management for the Seaton family hospitals. He has also provided public service beyond that by serving as the school physician for St. Stevens episcopal school as a football team physician for Anderson High School and on the Longhorn Hall of Honor Council. He's served on the board of directors of Texas Medical Foundation, the American Cancer Society of Austin and the Tex Health of Central Texas. Of course he's affiliated with several professional societies including the Texas Medical Association, Travis County Medical Society and the Texas Academy of Family Physicians. Members, help me thank and welcome Dr. Jim Brown, our doctor for the day.

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

PATSY SPAW: Senate Resolution 1125 recognizing the accomplishment and entrepreneurial spirit of John F. Carter by Davis.

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

SENATOR WENDY DAVIS: Thank you, Mr. President and members. It's my honor this morning to introduce to the members John F. Carter who is a bright entrepreneurial star exemplifying who we are as Texans ens. Following in the steps of his father who was a stock broker, John Carter when still a high school student made his first trade. He purchased ten options at 75 cents and sold them a few days later at 1.50 doubling his money. So he demonstrated that he had an act for trading at a young age. As a college student he was published in national magazines and even wrote a fictional book. Although not published, it clearly showed a glimpse into his entrepreneurial and ambitious gifts. He grew up in Fort Worth graduating from Southwestern High School. He studied at the University of Cambridge in England and earned his bachelors degree in economics and history from the University of Texas. He began his career at Morgan Stanley as a broker and launched his own business, tradethemarkets.com in 1999. His business provides training on how to trade and his newsletter service now has more than 10,000 subscribers and offices in Austin and Chicago. He also became a best selling author in '06 with his book Mastering the Trade. His business was recognized in 2009 and '10 as one of America's 5,000 fastest growing private companies. I want to congratulate John Carter and to especially recognize his family who are here with him in the Senate chambers with him today. On the floor with him to are his wife Maria Carter and son James. The family Apare and Mellin, who is from Sweden, his mother Nancy Cobb who lives in the district that I proudly represent and his stepfather Lance Cobb. Also up in the gallery we have his father and mother-in-law Juan and Mary Hernandez who live in Austin and his aunt Abilisa Costa also from Austin. It's a privilege to have you here in your Texas Senate and your Capitol today. Thank you, John, for the contributions you're making to our state and congratulations on this day of recognition. I move adoption.

SENATOR STEVE OGDEN: Is there objection to the adoption of the resolution? The Chair hears none, the resolution is adopted. The secretary announces the signing of the following in the Senate.

PATSY SPAW: SCR56, SB1714, SB812, SB917, SB1386, SB1477, SB1504, SB1686, SB438, SB408, SB3409, SB804, SB810, SB761, SB701, SB683, SB548, SB802, SB20, SB167, SB176, SB220, SB229, SB218, SB181.

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

PATSY SPAW: Senate Resolution 1221, WHEREAS, The Senate of the State of Texas takes pride in recognizing Ian Randolph for over 20 years of outstanding service to Senator Eddie Lucio, Jr., and to the state; and WHEREAS, A longtime Senate employee who has built a strong reputation as a dedicated and highly effective staff member, Ian Randolph has brought his keen understanding of the legislative process and his thorough knowledge of complex policy issues to bear while working to ensure that the best interests of the people of Texas are represented in the Capitol at all times; and WHEREAS, After almost a decade of service at The University of Texas Faculty Center, Mr. Randolph began his involvement in legislative affairs in 1990 as a research assistant for the Texas Task Force on State and Local Drug Control Policy; and WHEREAS, Over the course of his distinguished career, he has become known for his warm and outgoing nature, his friendly demeanor, and the depth and breadth of his knowledge and experience; he has performed practically all of the jobs available in a legislative office, including policy analyst, committee director, legislative director, and chief of staff; and WHEREAS, He has worked through 11 regular sessions and 16 special sessions as a valued staff member for Senators Ted Lyon, David Cain, and Eddie Lucio, Jr.; even during the longest hours and latest nights of a legislative session, he has been noted for his generosity of spirit and his ability to see all sides of an issue; and WHEREAS, He has worked on key legislation that has made a real difference in the lives of Texas citizens, including: Senate Bill 8, passed by the 77th Legislature, which established parity in health insurance reimbursements for women's health procedures; Senate Bill 60, passed by the 79th Legislature, which established the sentencing option of life without parole for capital offenses, previously only punishable by death or a life sentence under which the defendant would eventually become eligible for parole; and the Senate's Committee Substitute for House Bill 323, passed by the 80th Legislature, which created the requirement that school buses be equipped with three-point seat belts; and WHEREAS, A familiar figure in the halls of the Capitol, Ian Randolph has been a valuable resource to all who seek to draw on his knowledge, whether they be veteran staffers or newcomers to the process; he goes out of his way to be friendly to everyone, regardless of their position, status, or connections, and he always gives credit where credit is due, never accepting a compliment without sharing it with his co-workers; and WHEREAS, He is devoted to his family and encourages his fellow employees to attend to their families as well; his wife, Jane, to whom he has been married since 2006, and his daughter, Gracie, have enriched his life immeasurably, and he has been able to count on their loving support in all of his endeavors; an exceptional public servant and an even better human being, he is respected and admired by all who know him, and his presence in the Capitol will be greatly missed; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 82nd Legislature, hereby commend Ian Randolph on his outstanding service to the people of Texas and extend to him best wishes for continued success in all his future endeavors; and, be it further RESOLVED, That a copy of this Resolution be prepared for him as an expression of gratitude and esteem from the Texas Senate by Lucio.

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

SENATOR EDDIE LUCIO: Mr. President and members, thank you very much for allowing me to bring this resolution to the floor today. It's an important morning for me to be able to have an opportunity to reflect on a great Texan. This resolution recognizes what I consider one of the best public servants that I've ever worked with. Ian Randolph, my chief of staff, is moving on after 21 years of service in the Texas Senate. As you know, members, the Senate is a place governed by rules and traditions and Ian's knowledge of these rules and traditions has made him an invaluable resource to my office over the years and yet, as one of my staff said yesterday, Ian is not the kind of person to horde knowledge; instead he always has time for people. He is always willing to help others and he gets out of his way -- goes out of his way to be friendly to everyone, regardless of their position. Ian will be sorely missed by my staff and me. His patience and kindness shine through when you see him working with others as he shepherds them through the process, and I've seen this other the years and I'm always to happy to see someone do this. To summarize, Ian is a lot like one of those holy midfield captains that you see in those English soccer teams like Astin Villa, that's Ian's favorite team. Ian plays that holy midfield role very well. He sets others up to succeed. He tackles back when the pressure is on and he leads his teammates through his powerless example. In addition to his work here at the Capitol Ian is a dedicated family man. We are joined here today by Ian's very lovely wife Jane and his daughter Graciela, Gracie, they will surely testify to how wonderful a father and husband Ian truly is. There's so many stories that I could reflect on, but one that came that brought a smile to my face was back when Senator Cain who joins us here in the west gallery, Senator David Cain, was the assistant and the only reason he was able to kill my Darby bond was because he had Ian by his side. Very knowledgeable of what needs were represented and of course I thought for sure we were finally going to build some infrastructure down in south Texas. Well, the only consolation is now they want to use Darby bonds to do that but Ian single handedly helped kill that legislation. So it was very hard for me when Paul Cowen, my former chief of staff brought Ian to me, this is the guy that just killed my bill. Well, not too long ago. But I knew that he had an extremely kind heart. A very compassionate man and I got to know that even better when I met his dad, an outstanding American who got to be with his son for a few years before he passed on. And I can tell you one thing, Ian is more than a chief of staff to me, he's family and he's my little brother and I just respect and admire all the things that he's done during the course of his life and he served with an open heart and that's the kind of people I really care to see here at the Capitol. I always ask people when they -- and tell my assistants, I really don't care how much you know, I want to know how much you care as you work in this building that represents the people of our great state. I obviously could talk all morning about many things that we have accomplished together. Some of those have been mentioned here this morning, but there's so much more than a resolution in the life of Ian Randolph who I consider one of the top employees ever in state government. With that, members, I would like to move adoption of Senate Resolution 1221.

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

SENATOR RODNEY ELLIS: Mr. President, I rise also to say what a great person Ian has been. He did a good job of helping Senator Cain cast batter votes. Once you started working for him, things straightened up and you did a good job of getting Senator Lucio to cast better votes. We're all grateful to your family because they made a tremendous sacrifice. You were always here early in the morning and around late at night and really a model for all of our employees and just as you have been a guiding light for your Senator, all of our staff do a good job. By honoring him, you also point out to us how important all of our staffers are. Ian could have left a long time ago and made a lot more money doing something else than doing public service but you really have been a model employee even when I disagreed with you. This session I was worried about my little early school start date bill. I knew it was important to Senator Lucio, but I knew you were watching for a point of order every step of the way and it meant a lot to me towards the end. The money issue on the bill when you came and told me you were going to encourage the Senator to vote for the bill, you thought that expense was worthwhile, but I appreciate that. Mr. President, at the appropriate time, I want to ask to add all of our names to the resolution and ask that Senator Lucio's comments be reduced to writing and placed in the journal.

SENATOR STEVE OGDEN: Senator Hinojosa.

SENATOR JUAN HINOJOSA: Thank you, Mr. President and members. I too want to thank Ian for his service to his state and to Rio Grande valley. I want to thank you for what you did with my staff, working together as a team to make sure we took care of issues that impacted the valley and I really appreciate his personality, very easy to work with, very cooperative and Senator Lucio I'm getting worried. First Paul Cowen and now, Ian. As you well know, staff is key. We get all the credit, but the staff does all the work and Ian, I really appreciate you being here early in the mornings, late at night and to me this shows a commitment to public service, a commitment to the issues that impact our state. And I have to tell you that I get worried when Senator Lucio staff with talent, new commitment for the simple reason that many respects we as senators have to depend on your integrity and your knowledge to help us make decisions that are in the public's best interest. But I do want to thank you for your service, I want to thank you for what you have done for our state, valley and thank you for also being a friend.

SENATOR STEVE OGDEN: Senator Deuell.

SENATOR BOB DEUELL: Thank you, Mr. President. Ian, congratulations and thank you for your service to the state. Some of you may know when I first started running for the Senate, I guess in a way I was trying to put Ian out of a job because he worked for my opponent, but politics does make strange bedfellows and I am very happy to say Ian and I have been friends and enjoy working with him and actually enjoyed working with his former boss Senator Cain. So I wish you well and your family and anything you choose to do in the future. Thank you.

SENATOR STEVE OGDEN: Senator Estes.

SENATOR CRAIG ESTES: Congratulations on this milestone in your life, Ian, and we know that you're going to move from success and more success and my favorite memory of being with you is having tea with you at 4:00 in the afternoon and thank you so much for your service to our great state.

SENATOR STEVE OGDEN: Thank Senator Cain for being here today to honor Ian.

SENATOR EDDIE LUCIO: Mr. President and members, I also want to invite you to join me and my staff in the lieutenant governor's reception room at 11:30 this morning to celebrate my friend and yours Ian Michael Randolph, exemplary service to the people of the state of Texas. We love you, Ian.

SENATOR STEVE OGDEN: Senator Lucio moves adoption of Senate Resolution 1221. Is there objection? Chair hears none, the resolution is adopted. Senator Ellis requests that all names be added to the resolution. Is there objection? Chair hears none, so ordered. Senator Ellis requests that Senator Lucio's remarks be reduced to writing and placed in the record. Is there objection? Chair hears none, so ordered. Senator West is recognized for an introduction.

SENATOR ROYCE WEST: Mr. President and members, as a member of Circle 10 council executive Boy Scouts of America, I am pleased to have as my guest on the Senate floor today Mr. Tom Bohannan, who has been a scout master for troop eight for over 51 years. Troop eight is celebrating their 98th year of being a part of the Boy Scout of America. Members, I look forward to Tom and others and troop eight coming back two years from now to celebrate their centennial on March the 13th on 2013. Please help me to welcome Mr. Tom Bohannan to the Texas Capitol.

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

PATSY SPAW: House Concurrent Resolution 165, WHEREAS, The Texas Commission on the Arts has announced the 2011 and 2012 appointments for the positions of State Poet Laureate, State Musician, State Two-Dimensional Artist, and State Three-Dimensional Artist; and WHEREAS, Honorees are chosen for the exceptional quality of their work and for their outstanding commitment to the arts in Texas; nominees must either be native Texans or have resided in the state for at least five years; in addition, they must have received critical recognition from state, regional, and national publications, and they must have attained the highest levels of excellence in their respective disciplines; and WHEREAS, David M. Parsons is the 2011 Texas State Poet Laureate; inducted into the Texas Institute of Letters in 2009, Mr. Parsons is the recipient of numerous awards, among them a National Endowment for the Humanities Dante Fellowship to the State University of New York and the French/American Legation Poetry Prize; he has published two collections of poems, and his work has appeared in numerous journals and magazines, including Gulf Coast, The Texas Review, and Louisiana Literature; and WHEREAS, The 2011 Texas State Musician is singer-songwriter Lyle Lovett, who has blurred genre boundaries over the course of 14 albums that deftly combine elements of country, swing, jazz, folk, gospel, and blues; a four-time Grammy Award winner, Mr. Lovett has logged significant time at the top of the Billboard charts; he has branched successfully into acting as well, appearing in 13 feature films, including several noteworthy Robert Altman pictures, and he is active in many philanthropic causes; and WHEREAS, Melissa W. Miller has been selected as the 2011 Texas State Two-Dimensional Artist; acclaimed for her bold, imaginative, allegorical paintings of animals, she has pursued an iconoclastic path since the mid-1970s; her works have been exhibited at many major museums across the nation, including the Corcoran Museum in Washington, D.C., and the Brooklyn Museum of Fine Arts, and they have been featured in the Whitney and Venice Biennials; an associate professor of art at The University of Texas at Austin, Ms. Miller has also been a visiting lecturer and guest artist at more than 40 universities, colleges, and art institutes; and WHEREAS, Corpus Christi native and Rockport resident Jesus Moroles is the 2011 Texas State Three-Dimensional Artist; more than 2,000 of his works have found a place in museums and corporate, public, and private collections; his "Lapstrake," a massive 22-foot, 64-ton abstract sculpture, is located across from the Museum of Modern Art in New York, and his work was featured in the landmark traveling exhibition Contemporary Hispanic Art in the United States; Mr. Moroles has also served on the board of the Smithsonian American Art Museum and received the 2008 National Medal of Arts; and WHEREAS, The 2012 Texas Poet Laureate is Jan Seale, the author of six poetry volumes and several books of short fiction and essays; her writing has appeared in Texas Monthly, The Yale Review, and other periodicals, as well as numerous anthologies, and her work has been featured on National Public Radio; a popular presenter, she has given readings and workshops around the country, and she is the recipient of a National Endowment for the Arts fellowship; and WHEREAS, Billy F Gibbons of ZZ Top fame has been selected as the 2012 Texas State Musician; a much-imitated guitarist, he is also the lead singer of the iconic band, which was inducted into the Rock and Roll Hall of Fame in 2004, and he wrote many of its blockbuster hits; he has collaborated with a wide range of artists, among them B. B. King, Queens of the Stone Age, Roky Erickson, and Les Paul; in addition, he is a car customizer and actor and plays a recurring role on the television series Bones as a fictionalized version of himself; and WHEREAS, The 2012 Texas State Two-Dimensional Artist is Karl Umlauf, who grew up in Austin; after completing his master of fine arts degree at Cornell University in 1963, he began teaching at the University of Pennsylvania, and his paintings were exhibited in a number of prominent East Coast galleries and museums; his long career in higher education eventually brought him to East Texas State University and then Baylor University; he has won many prizes and purchase awards for reliefs in a variety of materials, including fiberglass and cast paper; fascinated with geological substrata and archeological burial sites as well as salvage yards and abandoned industrial sites, he has concentrated on imaginative facades since 2000; and WHEREAS, Bill FitzGibbons has been selected as the 2012 Texas State Three-Dimensional Artist; a former Fulbright Scholar, he is known for large-scale light sculptures that transform building walls into elaborately programmed spectrums of constantly moving light; he has received more than 30 public art commissions in five countries; since 2002, he has served as the executive director of the Blue Star Contemporary Art Center in San Antonio, and he is a member of the board of the International Sculpture Center; and WHEREAS, The men and women who have been selected to hold these prestigious posts for the next two years have all greatly contributed to the vibrant cultural life of the Lone Star State, and Texas is indeed fortunate to be home to these talented artists; now, therefore, be it RESOLVED, That the 82nd Legislature of the State of Texas hereby honor the 2011 and 2012 appointees to the positions of State Poet Laureate, State Musician, State Two-Dimensional Artist, and State Three-Dimensional Artist and extend to each of them sincere best wishes for continued creativity and achievement by Eltife.

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

SENATOR KEVIN ELTIFE: Thank you, Mr. President and members. And thank you, madam secretary, for reading the resolution. Once again this session we are honoring the 2011 and 2012 Texas state artist appointees chosen by the state artist selection committee for the Texas Commission on the Arts. I think all of us here understand and appreciate the importance of the arts to our state Lenhancing education and contributing to economic development and our quality of life. We are honored to have all of you on the floor of the Texas Senate today. We have with us David Parsons, Texas poet lariat 2011, if you would raise your hand and be recognized. Jan Epton Seal, Texas poet lariat 2012, Melissa Miller, Texas state two dimensional artist 2011, Karl Umar, Texas state two dimensional artist 2012, Jesus Morales, Texas state three dimensional artist 2011, Bill Fitsgivens, Texas state three dimensional artist 2012. Ellen Givens representing her husband, Billy F. Givens of the ZZ top band who is the Texas state musician of 2012, and Lyle Lovett Texas state musician 2011. These artist are accompanied by Gary Gibbs, executive director of Texas Commission of the Arts and Duane Mcaway director of arts communications for the commission. Members, these artists make us proud to be Texans. Let's welcome them to the Texas Senate.

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

SENATOR DAN PATRICK: Thank you, Mr. President and members. I want to just say a special hello and officially recognize Lyle Lovett who lives in Senate district seven in Harris County in the Klein school district where his grandfather, is it grandfather or great grandfather, actually great grandfather that actually began -- that that area is named after Adam Klein, and I think everyone here knows the incredible and different tiles of music from Lyle Lovett, whether it's swing or country or jazz or gospel, he has recorded albums my last count, seven in the Billboard top ten, sold 4 million records, he is a story teller, he's a singer, an actor on occasions and he is an all around good guy, loves to ride his motorcycle up in the country up there. We see him from time to time. And Lyle, I will say this to you and I said this when (inaudible) was on the floor a few weeks ago when we honored him, it's my favorite Ronald Reagan quote, and Ronald Regan says, I like a man who's proud of where he's from and lives in a way that his place is proud of him. Staying in Klein, staying in Harris County. You could live anywhere in the world. You're obviously proud of that area and proud of Texas and you have lived inside a way and represented in a way that all Texans and particularly those of us in that area. It's an honor to know you and hae you here today.

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

SENATOR CARLOS URESTI: Thank you, Mr. President and members, good morning. I too rise to join Senator Eltife in supporting House Concurrent Resolution 165. In particular on behalf of Senator Van de Putte and I to honor Mr. Bill Fitsgivens. As he mentioned in the resolution, Bill was inducted as a 2012 Texas state visual 3D artist and if you haven't seen his work, members, you truly are missing out. He has thoroughly transformed San Antonio into a masterpiece of life, breathing new and innovative life into the city of San Antonio. And, members, his most recent work took him to (inaudible), Iceland's city hall where his international performance series involves some of the world's most prominent architectural icons. Bill, thank you for sharing your one of a kind visions with San Antonio and with the world. Thank you.

SENATOR STEVE OGDEN: Senator Hinojosa is recognized on the resolution.

SENATOR JUAN HINOJOSA: Thank you, Mr. President and members. I too would like to say how fortunate I am that I have the 2012 Texas poet lariat of the year Jan Seal, who's a constituent of mine from Rio Grande valley. I have to tell you that she also is from McAllen, a life long resident, she was born in Pilot Point, graduated in (inaudible) High School and was further educated at Baylor University, the University of Israel and North Texas State University. Ms. Seal is the author of six poetry volumes and several books of short fictional essays. Her writings reflect a special interest in families, environment, other wisdom and humor and has appeared in several publications like the Texas Monthly, the Jail Review and Reader's Digest. Texas publishers have used her poems on numerous occasions and her work is being featured on National Public Radio. She taught at the University of Texas Pan America and North Texas State University. She's a popular presenter with many poetry readings and workshops in Texas and nationally. Her honors include a national endowment for the arts, national registry and awards society Texas and the New York poetry forum. She has served on literary art panels on Texas Commission of the Arts, the council of the Texas (inaudible) letters, the Speakers Bureau of Texas and is a Texas artisan education. Her other state affiliations include memberships in the Poetry Society of Texas, the Texas Association of Creative Writers of Teachers, the Writers Link of Texas, the Texas Folk Lore Society. Very fortunate she also resides in Pan America -- excuse me, McAllen Rio Valley and teaches at Pan An University. I enjoy reading her poetry, I write some poetry myself, probably not as good as yours but let me help congratulate Ms. Jane Shields.

SENATOR STEVE OGDEN: Senator Birdwell on the resolution.

SENATOR BRIAN BIRDWELL: Thank you, Mr. President, thank you members. Thank you, Senator Eltife for bringing this resolution. Members, I'm proud to introduce the state artist chosen for the state artist commission from district 22, Mr. Karl Laughlin. Karl grew up in Austin and of course graduated University of Texas, with a number of fellowships from both Yale and Cornell. His paintings have been exhibited in Philadelphia, New York and including the E museum in Syracuse, the Pennsylvania Academy of Art and Gallery of Art in New York City and he currently is an artist in residence of Baylor University and has currently being appointed as the Texas state visual artist two dimensional congratulations, Karl, and welcome to the Texas Senate. Thank you, sir.

SENATOR STEVE OGDEN: Senator Deuell.

SENATOR BOB DEUELL: Thank you, Mr. President. This is Texas honoring our folks, but this is -- we're all tired at the end of the session and we're all Americans and a quote from Thomas Jefferson comes to mind, As they were struggling with this new government of the United States and he made a comment and I don't -- I can't quote it exactly but his dream was one day he would be a nation of farmers and merchants would become a nation of artists and musicians and poets and I think it's proper to point out that this here today, while we have a lot of government, other things to do, that Thomas Jefferson's dream of this nation is being realized here in Texas with these people being here honored by government. So thank you and congratulations to all of you.

SENATOR STEVE OGDEN: Chair recognizes Senator Watson.

SENATOR KIRK WATSON: Thank you, Mr. President and members. I want to also join with Senator Eltife and the other senators that have spoken, frankly all of the senators that are in the Senate because we recognize the value of the arts to our state and what it means to our state, but I'd be remiss if I didn't say a special congratulations and call out Melissa Miller for her great work, a constituent of mine, and if you haven't seen her two dimensional work, you really need -- you owe it to yourself and take a moment and look at that and of course I would also 0while Senator Birdwell has already called attention to Karl Umar, you don't spend any time in Austin, Texas and think about art and the name Umar doesn't mean anything to you. Also I guess I ought to say is the only Baylor graduate -- undergraduate on this floor. I want to say thank you for all you mean to our state and what you meant to Austin, Texas as well. So thank you, congratulations to each of you, thank you for all you mean to the Texas and the people of Texas.

SENATOR STEVE OGDEN: Senator Eltife.

SENATOR KEVIN ELTIFE: Thank you, Mr. President and thank you members. I move adoption of HCR165.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, resolution is adopted. Senator Williams moves to place all members' names on the resolution. Is there objection? Chair hears none, so ordered. The Chair recognizes Senator Zaffirini for a motion to concur in House amendments to Senate Bill 5.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. Mr. President and members, I move that the Senate concur on the House amendments to Senate Bill 5. Zaffirini and Branch relating to the administration and business affairs of public institution of higher education. Senate Bill 5 would remove unfunded administrative burdens placed on public higher education institutions relating to management, personal procurement, human resources, construction real estate, board appointments and reports and notices. The House added several acceptable amendments both in committee and on the floor. These amendments would eliminate the provision relating to inter agencies contracts or information resource technology, require institutions of higher education to provide a web link to the comptroller's Texas transparency web site or to post financial transactions on their web site. Clarify that institutional payroll deductions are not for the purpose of union or association members' use. Omits a provision intended to clarify the eligibility of incapacitated dependent children for group health insurance, allow payroll deduction of employees for insurance premium contributions, require student fee committee meetings to abide by the state's Open Meetings Act, provide statutory recognition to the Texas A&M Health Science Center which was created in the budget and not by statute, prevent medical record units from the Texas Success Initiative and restores seven of the 67 reports that would have been eliminated by Senate Bill 5. Mr. President, I move that we concur in House amendments to Senate Bill 5.

SENATOR STEVE OGDEN: Senator Zaffirini moves that the Senate concur to House amendments to Senate Bill 5. The secretary will call the roll.

SENATOR STEVE OGDEN: There being 31 ayes, zero nays the motion is adopted. Thank you Senator.

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

SENATOR STEVE OGDEN: Chair recognizes Senator Duncan for a motion to concur in House amendments to Senate Bill 859.

SENATOR ROBERT DUNCAN: Thank you, Mr. President. Members, Senate Bill 859 is a bill regarding health initiative cooperatives. The House added a permissive amendment for TDI to establish rules for employers to access individual consumer health policies within their health insurance cooperative. TDI, the Texas Department of Insurance can't pursue these rules if it violated any state or federal laws and the rules would be totally optional for health insurance cooperatives. Therefore I would move to concur to the House amendments for House Bill 859.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: There being 31 ayes, zero nays, the motion is adopted. Chair recognizes Senator Duncan for a motion to concur in House amendments to Senate Bill 1271.

SENATOR ROBERT DUNCAN: Thank you, Mr. President and members. This bill updates the civil practices and remedies code to provide that in addition to resolving disputes among individuals, county dispute resolution centers may also be utilized by entities and government. This is current practice, the House deleted the language regarding the referral of criminal cases. This change is acceptable to me, and I move to concur.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: There being 31 ayes, zero nays, the motion is adopted. The Chair recognizes Senator West for a motion to concur in House amendments to Senate Bill 1233.

SENATOR ROYCE WEST: Thank you very much, Mr. President. Mr. President and members, at this time I have a motion to concur on Senate Bill 1233 relating to promoting (inaudible) of efficiencies in administration and certain district courts and county services and functions. The amendments added in the House clarified some of the language that passed the Senate as well as added some additional provisions impacting county government. I've bedded all the additional amendments and all are consistent with the original intent of the bill. Some of those amendments that were added to the Senate version, it would permit the medical examiner to charge a reasonable fee for services provided and including (inaudible) approval, court testimony, it allows a clerk to charge up to $1 for electronic copies, those are some of the amendments of this. I move to concur.

SENATOR STEVE OGDEN: Senator West moves that the Senate concur in House amendments to Senate Bill 1233. The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays, the motion is adopted. The Chair recognizes Senator Nelson for a motion to concur in House amendments to Senate Bill 78.

SENATOR JANE NELSON: Thank you, Mr. President and members. Senate Bill 78 protects the health and safety of Texans by ensuring that departments regulated by our health and human services agencies do not improperly receive licenses. This bill unanimously passed the Senate, was amended in the House, the amendment clarifies that the bill applies to final licensing, listing or registration decisions. That change was made by the House sponsor at my request. I do move that the Senate concur in the House amendments to Senate Bill 78.

SENATOR STEVE OGDEN: Senator Nelson moves that the Senate concur in House amendments to Senate Bill 78. The secretary will call the roll.

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

SENATOR JANE NELSON: Thank you, Mr. President.

SENATOR STEVE OGDEN: Chair recognizes Senator Fraser for a motion to grant the House request for appointment of a conference committee on House Bill 725.

SENATOR TROY FRASER: I would now move to request conference committee on House Bill 725.

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

PATSY SPAW: Conference committee on House Bill 725 Chair, Senator Fraser, members, Senator Eltife, Senator Deuell, Senator Watson, and Senator Shapiro.

SENATOR STEVE OGDEN: Chair recognizes Senator Ellis for a motion to grant the House's request for appointment of a conference committee on House Bill 3275.

SENATOR RODNEY ELLIS: Mr. President, I move to grant the House's question for appointment of a conference committee on House Bill 3275. It's the tax increment reinvestment zone bill.

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

PATSY SPAW: Conference committee on House Bill 3275 Senator Ellis, Chair, members, Senator Jackson, Senator Watson, Senator Eltife, and Senator West.

SENATOR STEVE OGDEN: Chair recognizes Senator Jackson.

SENATOR KEVIN ELTIFE: Mr. President, I am going to do that for Senator Jackson with your permission.

SENATOR STEVE OGDEN: Chair recognizes Senator Eltife for a motion to grant the House's request for appointment of a conference committee on House Bill 628.

SENATOR KEVIN ELTIFE: Mr. President, we'd like to request a conference committee on House Bill 628.

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

PATSY SPAW: Conference committee on House Bill 628 Senator Jackson, Chair, members, Senator Duncan, Senator Seliger, Senator Van de Putte, and Senator Fraser.

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

SENATOR STEVE OGDEN: Members, we're getting ready to recess for lunch and I'd just like to remind you, if there's a conference committee report up here that you have some concern about, if you'd give us a head's up, we'll make sure when we bring it up that you're on the floor and also if you have some objection to it, we'll make sure that gets recorded. The Chair recognizes Senator Van de Putte for a motion to not concur in House amendments to Senate Bill 100.

SENATOR LETICIA VAN DE PUTTE: Thank you, Mr. President. Mr. President and members, I move to not concur in the House amendments to SB100 and request the appointment of a conference committee. Members, this is the bill that is the Move Act. On the floor the House changed it back to the original -- all the dates that we had had for the March primary, however they didn't put in some of the administration deadlines so we would like to go to conference to clean that up. So I move to not concur with house amendment to SB100.

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 100 Senator Williams, Chair, members, Senator Duncan, Senator Williams, Senator Seliger, and Senator Shapiro.

SENATOR STEVE OGDEN: The Chair lays out the following resolution, secretary read the resolution.

PATSY SPAW: SCR59 instructing the enrolling clerk of the Senate to make certain corrections in Senate Bill 1082.

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

SENATOR GLENN HEGAR: Thank you, Mr. President, and members. This entire resolution is on Senate Bill 1082 and there was a technical typographical error that needs to be corrected and simply is just allowing the bill to have immediate effect and we passed it out with two-thirds on both chambers so this allows the bill to have immediate effect and correct that typographical error and I would move we adopt Senate Concurrent Resolution 1059.

SENATOR STEVE OGDEN: Members, you heard the motion. The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays the resolution is adopted. The Chair lays out the following resolution. Secretary will read the resolution.

PATSY SPAW: HCR167 instructing the enrolling clerk of the House to make certain corrections on House Bill 2203.

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

SENATOR TOMMY WILLIAMS: Thank you, Mr. President and members. HCR167 is a technical correction that will expand a pilot program to allow the state office of administrative hearings to hear certain appeals of property appraisal involving property values of more than $1 million. If we don't amend the year to make it a four year pilot, then the program will no longer be in effect in 2013. Members, I move adoption of HCR167.

SENATOR STEVE OGDEN: You've heard the motion. The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays, the motion is adopted. Thank you. Senator Eltife is recognized for a motion to recess.

SENATOR KEVIN ELTIFE: Mr. President and members, I move that we recess until 2:00 p.m.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, Senate stands recessed until 2:00 p.m.

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

(Recessed.)

SENATOR STEVE OGDEN: The Senate will come to order. 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 HCR126 by Thompson in memory of the Honorable --

SENATOR STEVE OGDEN: Thank you, sir. The Chair recognizes Senator Estes for a motion to concur in House amendments on Senate Bill 1216. Is that what you requested?

SENATOR CRAIG ESTES: Thank you, Mr. President, pleasure doing business with you. Mr. President and members, this is the arbitration bill that we passed earlier this session, we amended it on the floor with an attachment -- with an amendment the Family Law Foundation had provided us that accidentally had a provision that would have created some unintended consequences. So in the interest of time we amended that provision out of the bill. The House worked with the Family Law Foundation to replace the provision we took out with a narrower one that exempts arbitration agreements that have been approved by a court from being challenged without exempting other agreements and I think they did a good job on that. So with that, Mr. President, I move that the Senate concur in the House amendments to Senate Bill 1216.

SENATOR STEVE OGDEN: The secretary will call the roll.

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

SENATOR CRAIG ESTES: Thank you, Mr. President.

SENATOR STEVE OGDEN: The Chair recognizes Senator Watson for a motion to concur in House amendments to Senate Bill 407.

SENATOR KIRK WATSON: Thank you, Mr. President. Mr. President, this was the bill that the Senate passed with 29 ayes and one nay to more appropriately respond to the harmful and often foolish behavior among minors known as sexing. There were two changes made in the House to Senate Bill 407 both which I find acceptable. The first amendment creates a defense to prosecution for law enforcement officers or school administrators who are responding to allegations of sexting. The second amendment to SB407 is a clarifying amendment which came at the request of the Child Advocacy Centers of Texas. This amendment addresses a recent court of criminal appeals decision that deeply cuts into the integrity of their forensic interview. It clarifies that a child's description of sexual abuse is another type of protected evidence in the code to be treated exactly as child pornography is already handled in the code. That is, it remains in the care, custody and control of the court or state to prevent duplication or dissemination essentially preventing further victimization of the child. Mr. President, I move to concur with the House amendments to Senate Bill 407.

SENATOR STEVE OGDEN: The secretary will call the roll.

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

SENATOR KIRK WATSON: Thank you.

SENATOR STEVE OGDEN: The Chair recognizes Senator Rodriguez for a motion to concur in House amendments to Senate Bill 1094.

SENATOR JOSE RODRIGUEZ: Thank you, Mr. President and members. Senate Bill 1094 deals with the availability of online testing for high school equivalency examinations or GED examinations. The bill passed the Senate unanimously. The House made three minor revisions at the request of TEA. We clarified the bill language to ensure the bill did not require any change in Texas current relationship with a GED test but doesn't block the state in either. We also reinforced that verification of identity must be part of the procedures that develop online GED test taking. Finally the bill limits online GED test taking to adults. Adult dropouts are the intended people of the GED program and want to ensure that no one could recruit minors online as a way of getting out of high school. These changes are acceptable. Mr. President and members, I move to concur.

SENATOR STEVE OGDEN: Senator Rodriguez moves that the Senate concur in House amendments to Senate Bill 1094. The secretary will call the roll.

SENATOR STEVE OGDEN: There being 31 ayes, zero nays, the motion is adopted. Thank you, Senator.

SENATOR GLENN HEGAR: Question.

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

SENATOR GLENN HEGAR: Parliamentary inquiry, Mr. President.

SENATOR STEVE OGDEN: Make your inquiry.

SENATOR GLENN HEGAR: Do we know, have the conferees for Senate Bill 660 been appointed?

SENATOR STEVE OGDEN: No, they have not.

SENATOR GLENN HEGAR: Do we know if they're going to be appointed today?

SENATOR STEVE OGDEN: I am not advised.

SENATOR GLENN HEGAR: Do we know whether the parliamentarian or the Chair has the ability to rule whether House amendments to 660 are germane to Senate rules?

SENATOR STEVE OGDEN: It's not something that we can rule on right now because the motion's not before the body, but if you want to come up here and discuss it, we're available for discussion.

SENATOR GLENN HEGAR: That'd be great, I'd just like to make sure that myself and Senator Hinojosa as the authors would be able to try to know today whether House amendments are germane. Thank you very much.

SENATOR STEVE OGDEN: The Chair recognizes Senator Watson for a motion to concur on House amendments to Senate Bill 942.

SENATOR KIRK WATSON: Thank you, Mr. President. I move to concur in the changes in Senate Bill 942 relating to the creation and advancing of Lakewa Regional Medical Center defined area in the Travis county water controlled and improvement district No. 17 and providing authority to impose a tax and surety bonds. The House amendments to Senate Bill 942 provided first a clarification that the newly created and (inaudible) area doesn't have the power of eminent domain for roads or recreational facilities outside its boundaries. The Senate version didn't specifically address the area being created by this legislation and the amendment identifies it with particularity. The second thing is that the House put an amendment that says that the power to the defined area to exclude certain land from the area, prior contract tax selection. Annexation can be accomplished without legislation but this language was necessary to give the defined area the ability to allow certain property owners to be de-annexed. I move to concur in the House amendments to Senate Bill 942.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays, the motion's adopted. Thank you, Senator.

SENATOR KIRK WATSON: Thank you.

SENATOR STEVE OGDEN: Senator Whitmire. Senator Whitmire.

SENATOR JOHN WHITMIRE: Mr. President and members.

SENATOR STEVE OGDEN: Senator Whitmire, I will recognize you for a motion and just take a moment to explain what's happening and what's going on. Senator Whitmire is recognized for a motion on Senate Bill 316 to discharge conferees and concur with House amendments.

SENATOR JOHN WHITMIRE: I couldn't have said it any better myself.

SENATOR STEVE OGDEN: Can you tell us what House amendments that we were against that we're now for?

SENATOR JOHN WHITMIRE: Well, that's the county forfeiture bill and the House put several amendments which I'd rather not have on there, but at this late date I am willing to accept them, discharge the conference committee. One in Kerr county, it set up a little special panel to deal with forfeitures. It only applies to Kerr county. Actually changes the formula that local funds go to now, the DPS and general revenue and the one significant change allows the attorney general to set up a policy review and set rules and regulations governing county forfeiture. I am certain our District Attorney friends are not going to like that because they don' t like the AG overseeing it. I could argue either side. It was a well balanced and compromised bill it was worked on for about four years to get control of felony forfeitures where they actually have to file a charge against someone, doing away with the highway robbery that was taking place in some communities where they pull people over and if they'll hand over their watches and cash and forfeit some assets they'd let them go on down the road without any charges being filed. This bill will stop that practice. It's an overall good piece of legislation but at this late date, I'll accept those House amendments to save legislation and deal with the greater good. It's a huge compromise on my part and it's one that I wouldn't ordinarily do, but it's either kill the legislation or accept the amendments and so I am asking to discharge the conference committee and adopt it.

SENATOR STEVE OGDEN: All right. We used have a -- just hold on for a second, we're checking our recordkeeping.

SENATOR JOHN WHITMIRE: Parliamentary inquiry. Or I'll come down front.

SENATOR STEVE OGDEN: State your inquiry.

SENATOR JOHN WHITMIRE: You know, we had signed both reports. In fact the House cochair of the conference had actually signed on, turned it in and then because one of his House amendments, apparently,

(inaudible) had not fought hard enough on their conference committee report, they got up yesterday and moved not to adopt the conference committee report and return it to the conference committee with some kind of rhetoric about looking out for the integrity of the House. But it was more of an internal matter for them that I was avoiding so I will ask our parliamentarian where we actually stand on that report. And I could still be talked into just throwing it into the trash can if you want to know the truth.

SENATOR STEVE OGDEN: All right. Well, if option A is throwing it in the trash can, option B is to reconsider the vote by which we adopted the conference committee report.

SENATOR JOHN WHITMIRE: I will do that because there are some practices that this bill will stop that merit passing. And if they want to make Kerr county a unique little island to itself, we'll deal with that in future legislation.

SENATOR STEVE OGDEN: All right. Senator Whitmire moves to reconsider the vote by which the Senate adopted the conference committee report on Senate Bill 316. The secretary will call the roll.

SENATOR STEVE OGDEN: There being 31 ayes, zero nays, the motion is adopted. Senator Whitmire, you're recognized for a motion to recommit the conference committee report on Senate Bill 316.

SENATOR JOHN WHITMIRE: I so move, Mr. President.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, the report is recommitted. Senator Whitmire, you're recognized for a motion to discharge the conferees and concur with House amendments.

SENATOR JOHN WHITMIRE: I so move.

SENATOR STEVE OGDEN: Senator Whitmire moves to discharge the conferees on Senate Bill 16 and concur to House amendments. The secretary will call the roll.

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

SENATOR JOHN WHITMIRE: Mr. President, will the parliamentarian recognize me on 1209 so I can be through?

SENATOR STEVE OGDEN: We're not advised. The Chair recognizes Senator Davis for a motion to concur in House amendments to Senate Bill 1636.

SENATOR WENDY DAVIS: Sorry, Dean. Thank you, Mr. President and members. I'd like to move to concur with the changes that were made in the House to Senate Bill 1636. This is the legislation dealing with the testing of sexual assault evidence or better known as rape kits which passed out of this body unanimously. We had to add an amendment to clarify that there would be no appropriation to implement the act and instead put language in that would allow us to utilize resources in an AG account targeted for sexual assault, we also added language brought to us by the governor's office by which we were very grateful allowing us to reduce resources in an account that the governor has for investigations and with that I would move to concur.

SENATOR STEVE OGDEN: Senator Davis moves that the Senate concur to House amendments to Senate Bill 1636. The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays, the motion adopted. Thank you, Senator Davis.

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

SENATOR STEVE OGDEN: The Chair now recognizes Senator Whitmire for a motion to concur on House amendments to Senate Bill 1209.

SENATOR JOHN WHITMIRE: Yes, thank you, Mr. President and members. I would move to concur with House amendments to House Bill 1209 -- Senate Bill 1209, House amendments to 1209, I move to concur it's a drafting error which cited the incorrect section of the family code and makes no substantive differences, it's just a technical error and we cleared that up. I so move.

SENATOR STEVE OGDEN: Senator Whitmire moves that the Senate concur in House amendments to Senate Bill 1209. The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays, the motion is adopted. Thank you, Senator. Senator Gallegos. The Chair recognizes Senator Gallegos for a motion to concur with House amendments to Senate Bill 1920.

SENATOR MARIO GALLEGOS: Thank you, Mr. President. Members, I move that the Senate concur in House amendments to Senate Bill 1920. Members, Senate Bill 1920 amends the Coastal Water authority park and financial powers for the authority to engage in environmental mitigation projects and we passed the bill out unanimously but we were asked by the governor's office to amend the bill on the House side, the amendment simply inserts language clarifying that programs authorized by this bill must comply with the state or federal laws. And I move for concurrence, Mr. President.

SENATOR STEVE OGDEN: Senator Gallegos moves that the Senate concur in House amendments to Senate Bill 1920. The secretary will call the roll.

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

SENATOR MARIO GALLEGOS: Thank you, Mr. President.

SENATOR STEVE OGDEN: Chair recognizes Senator Nichols for a motion to concur in House amendments to Senate Bill 303.

SENATOR ROBERT NICHOLS: Thank you, Mr. President and members. I move to concur with the House amendments to Senate Bill 303. This bill deals with health care services provided or paid for by a hospital district. The amendment that was attached was a local bill in Tarrant county area, allows the Tarrant county hospital district to directly employ doctors. The amendment includes language that creates a medical executive committee to protect the independent judgment of doctors. It was supported by the Texas Medical Association. I move to concur.

SENATOR STEVE OGDEN: Senator Nichols moves that the Senate concur in House amendments to Senate Bill 303. The secretary will call the roll.

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

SENATOR ROBERT NICHOLS: Thank you, Mr. President and members.

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

SENATOR MARIO GALLEGOS: Thank you, Mr. President and members. Members, I rise to recognize one of my elementary schools. And Senator Whitmire was discussing the port of Houston the other they and, well, their elementary school is here on the south side gallery. These young students are on an annual Texas college tour. If you'd stand up and they are accompanied by their teacher Sharon Perry, Maria Green, Donald Thomas, Savana Castro and Pierce Hall, and Senator Whitmire has assured me that he will not sunset Fort Houston Elementary, but I want y'all to welcome my elementary school, the Port of Houston Elementary School up here in the south gallery. Welcome.

SENATOR STEVE OGDEN: Thank you. Senator Fraser is recognized for a motion to concur in House amendments to Senate Bill 1003.

SENATOR TROY FRASER: Mr. President and members, Senate Bill 1003 as passed by the Senate changed the way TCEQ enforced penalties against rock crushers or concrete plants under certain circumstances. The House amendment says in order for TCEQ to have discretion over penalty the operator must hold some type of permit other than the permit required for the facility. It clarified that we weren't letting fly by operators off the hook. I move now to concur in the House amendments to Senate Bill 1003.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays, the motion is adopted. Thank you. The Chair recognizes Senator Hegar for a motion to concur in House amendments to Senate Bill 480. Senator Hegar.

SENATOR GLENN HEGAR: Thank you, Mr. President and members. Senate Bill 480 allows a defendant in a municipal court (inaudible) who is fined 100 thars or less to make an appeal to state court of appeals if the issue to the appeal is constitutionality of the basis which the defendant's convicted. Representative Gallegos added an amendment in the House regarding recusal of disqualification and judges municipal court. The amendment was identical to House Bill 3475 that had already passed the Senate on local calendar. Therefore I move to concur to House amendments to Senate Bill 480.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays, the motion is adopted. The Chair recognizes Senator Seliger for a motion to concur in House amendments to Senate Bill 809.

SENATOR KEL SELIGER: Thank you, Mr. President. I move to concur with the House amendments Senate Bill 809 at this time relating to judicial review in district court of certain worker's compensation disputes. Senate Bill 809 which passed the House unanimously on March 21st would align the time frames to appeal the administrative medical dispute decision with appeals for income benefit decisions. The House's amendments ensure that the time frame for requesting judicial review for medical fee dispute will align the same time frames for requesting judicial review of medical necessity disputes in the worker's compensation system. I move to concur.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: There being 31 ayes, zero nays, the Senate concurs in House amendments to Senate Bill 809 and the motion is adopted. The Chair recognizes Senator Carona on a motion to concur on House amendments to Senate Bill 322.

SENATOR JOHN CARONA: Mr. President, which number was that?

SENATOR STEVE OGDEN: 322.

SENATOR JOHN CARONA: All right, thank you. Members, this is a title insurance bill. This deals with the regulatory process for title insurers to obtain title reinsurance. There was an amendment in the House that added the engrossed language of my Senate Bill 735 which dealt with the issue of creditors rights coverage for title insurance companies. This amendment is acceptable, and I move to concur.

SENATOR STEVE OGDEN: Senator Carona moves that the Senate concur in House amendments to Senate Bill 322. The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays, the motion is adopted. Thank you. Chair recognizes Senator Uresti for a motion to concur in House amendments to Senate Bill 993.

SENATOR CARLOS URESTI: Thank you, Mr. President and members. Good afternoon, I move to concur with the House amendments to Senate Bill 993. Senate Bill 993 is relating to certain arrangements to provide care for a child during an investigation of abuse or neglect. The House added an amendment that would require DFPS to identify adult relatives within 30 days of removal and requires them to report to the court once they have done so and the amendment is acceptable. I move to concur with the House amendments to Senate Bill 993.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: There being 31 ayes, zero nays, the motion is adopted. Thank you, Senator.

SENATOR CARLOS URESTI: Thank you, Mr. President.

SENATOR STEVE OGDEN: The Chair recognizes Senator Van de Putte for a motion to concur in House amendments to Senate Bill 594.

SENATOR LETICIA VAN DE PUTTE: Thank you, Mr. President. Mr. President and members, I move to concur with the House amendments to Senate Bill 594. Members, this is my electronic prescribing bill that dealt with the Texas Controlled Substance Act to be able to have physicians electronically transmit class two controlled substance prescriptions to pharmacies. It made the Texas law consistent with new FDA and DEA rules. The House added an amendment to make improvements to the prescription program based on the inner agency council that consists of DPS, the state board of pharmacy and the medical board. The House also added Senator Williams' bill, Senate Bill 1273 which did pass this Senate. It was added as a protection and fit in beautifully with the bill pattern. So with those changes, I move to concur with the House amendments made to Senate Bill 594.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays, the motion adopted. Thank you, Senator. The Chair recognized Senator Rodriguez for a motion to concur in House amendments to Senate Bill 1196.

SENATOR JOSE RODRIGUEZ: Thank you, Mr. President and members. Senate Bill 1196 deals with guardianships and alternatives to guardianships for persons who have physical disabilities or who are incapacitated. The bill passed the House unanimously. The House added one amendment. The amendment authorizes the judge to hold a hearing on a guardianship matter regarding an adult ward or an adult proposed ward that is set in a suitable location in the county which the guardianship matter is pending and clarifies the setting should be held in a physical setting that is not likely to have a harmful effect on the ward or proposed ward. The amendment adds this provision and it has already passed the Senate in section five of 2900. The amendment is acceptable. Mr. President, I move to concur.

SENATOR STEVE OGDEN: : Senator Rodriguez moves that the Senate concur to House amendments to Senate Bill 1196. The secretary will call the roll.

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

SENATOR JOSE RODRIGUEZ: Thank you, Mr. President.

SENATOR STEVE OGDEN: The Chair recognizes Senator Seliger for a motion to concur in House amendments to Senate Bill 1605.

SENATOR KEL SELIGER: Thank you, Mr. President. I move to concur -- I move to concur with House amendments to Senate Bill 1605 which essentially just says the dates for appointment to the nuclear low level waste compact commission and commencement staggered terms from September 2012 to September 2011.

SENATOR STEVE OGDEN: Senator Seliger moves that the Senate concur in House amendments to Senate Bill 1605. The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays, the motion is adopted. The Chair five Senator Hinojosa for a motion to concur in House amendment to Senate Bill 736.

SENATOR JUAN HINOJOSA: Thank you, Mr. President and members. This is the bill that allows school districts to have the ability to appoint individuals from local domestic violence program to the school health advisory council and we have a section there to require a written report to a school district board of trustees. The House amendment removes the section but requires the school health advisory council to submit a written report to a school district's board of trustees and it would be less reports that nobody reads but at the same time accomplishes a purpose and I would move to concur with the House amendments to Senate Bill 736.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays, the motion is adopted. Thank you, Senator. Senator Nichols is recognized for a motion to concur in House amendments to Senate Bill 731.

SENATOR ROBERT NICHOLS: Thank you, Mr. President and members. I move to concur with the House amendments --

SENATOR STEVE OGDEN: 731.

SENATOR ROBERT NICHOLS: Mr. President, I move that the Senate concur on House amendments to Senate Bill 731. This bill allows the attorney general to charge TxDOT or a local tow entity a reasonable fee for doing a legal sufficiency review of a CDA. This is part of the budget. The House added language that clarifies that the fee may not exceed reasonable attorney fees charged for similar legal services in the private sector. This language clarifies the original intent of the bill. I move to concur.

SENATOR STEVE OGDEN: Senator Nichols moves that the Senate concur in House amendments to Senate Bill 731. The secretary will call the roll.

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

SENATOR ROBERT NICHOLS: Thank you, Mr. President.

SENATOR STEVE OGDEN: Thank you. Chair recognizes Senator Carona for a motion to concur on House amendments to Senate Bill 425.

SENATOR JOHN CARONA: Thank you, Mr. President. This deals with certificates of insurance. Members certificates of insurance are used to provide evidence of existence of policy insurance and basic information about the policy. The House added some amendments to the bill which clarified language about the amount of time required to either conform language to rectify the insurance commissioner's disapproval of a form or withdraw the certificate. The amendments also gave the attorney general discretion to file a civil action against the insurer for violating this action. And then finally language was added in the fee section to allocate funds collected by fees to the TDI operating account. This was simply a clarifying amendment needed by the comptroller. So with that I move to concur with House amendments to Senate Bill 425.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR JOHN CARONA: Mr. President, if I could ask you to hold there, I'd like to get some information into --

SENATOR STEVE OGDEN: Let's do this. Withdraw your motion.

SENATOR JOHN CARONA: I withdraw may motion, I'd like to get some legislative intent established.

SENATOR STEVE OGDEN: All right. Senator Carona withdraws his motion to concur with House amendments. You're recognized for legislative intent.

SENATOR KIRK WATSON: Mr. President, would Senator Carona yield for a couple of questions?

SENATOR STEVE OGDEN: Senator Watson, go ahead.

SENATOR KIRK WATSON: Thank you, Mr. President. Senator Carona, cities are often in a situation where they need to look at a contractor's actual insurance policy for endorsements reflecting special coverage like additional insured or waiver to subrogation. Would section 1811.155 of this bill prevent them from being able to do that or doing that?

SENATOR JOHN CARONA: No, Senator. Cities would continue to look at actual insurance policies.

SENATOR KIRK WATSON: Well, cities often have language in their construction contracts that require the contractor to defend and indemnify them for claims alleging that they're jointly negligent with the contractor. Would the language in section 181.154 -- let me say that again, 1811.154, mean that insurance would no longer cover this type of contractual liability?

SENATOR JOHN CARONA: No, sir, this bill does not affect the terms of the policy.

SENATOR KIRK WATSON: Is it your intent to ask the Texas Department of Insurance to make this clear in their rule making?

SENATOR JOHN CARONA: Yes, we visited with TDI at length about this bill and we're in agreement with these issues.

SENATOR KIRK WATSON: Thank you, Senator Carona. Mr. President, I move -- Mr. President, I move that the questions and answers between me and Senator Carona be recorded in the journal.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, so ordered.

SENATOR JOHN CARONA: Mr. President, I now move that we concur with House amendments.

SENATOR STEVE OGDEN: All right. Senator Carona moves that the Senate concur in House amendments to Senate Bill 425. The secretary will call the roll.

SENATOR STEVE OGDEN: Being 31 ayes, zero nays, the motion is adopted. Thank you. The Chair recognizes Senator West for a motion to concur in House amounts to Senate Bill 502.

SENATOR ROYCE WEST: Mr. President, I move to concur in the amendments added to House Bill 502. Senate Bill 502 changes the procedure for the rescission of voluntary acknowledgment of paternity which requires a judicial procedure under a chapter of the family code. The House amendments clarify that a person who signs a denial of paternity can rescind it by submitting a form to the vital statistics unit and it removes unclear references to administrative hearings in Texas since our hearings in Texas are all judicial. I move concurrence.

SENATOR STEVE OGDEN: Senator West moves that the Senate concur in House amounts to Senate Bill 502. The secretary will call the roll.

SENATOR STEVE OGDEN: The motion is adopted. 31 ayes, zero nays. Chair recognizes Senator Duncan for a motion to concur in House amendments to Senate Bill 1620.

SENATOR ROBERT DUNCAN: Thank you, Mr. President and members. I move to concur with House amendments to Senate Bill 1620. The amendment that the House voted to approve more accurately aligns the bill with our original intent and meets the concerns with both TEA and the governor's office. The amendment states that the state board of education may only approve a course for substitution for the fourth year math or science course. The student has completed algebra one, biology, chemistry, and or currently completing algebra two or physics. Additionally the amendment directs the state board of education to work with a higher education coordinating board to ensure all substitute courses are reviewed properly. With that explanation, I move to concur with the House amendments to Senate Bill 1620.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: Thirty ayes, and one nay, the motion is adopted. Member the Chair recognizes Senator Deuell for an important announcement. Senator Van de Putte, I think you'll find this pretty interesting.

SENATOR BOB DEUELL: Thank you, Mr. President and members. One of my medical partners who is like a father to me is a man named James Nicholson. He's 80 years old, he started practicing in Greenville in 1960. He's practiced now this summer will be 51 years and that alone would be an accomplishment than more than many people do for this state or country but he just received the silver star for the United States of America for a firefight that he was in April of 1951, 60 years ago. It took that long to get this medal and the certificate states the United States of America, this is to certify that the president of the United States of America has been awarded the silver star medal to Corporal James E. Nicholson, Jr. United States Marine Corps Reserve for gallantry and action on April 22nd, 1951. The certificate was issue May 11, 2011. Members, if you would indulge me, I would like to read the citation description and have it entered into the record so that I could present this to Dr. Nicholson. It says the secretary of the Navy. The president of the United States takes pleasure in presenting the silver star to Corporal James E. Nicholson Jr.n, United States Marine Corps Reserve. For services set forth in the following citation. For conspicuous gallantry in intrepiding while serving in the (inaudible), 3rd company, G battalion, 7th Marines, first Marines division in the Republic of Korea on 22nd April 1951. During the late evening hours, Corporal, then private first class Nicholson's, fire team came under intense enemy fire by a numerically superior enemy force. Despite being surrounded, Corporal Nicholson and his team courageously supplied fire against the enemy resulting in numerous enemy casualties. Although equipped with a malfunctioning weapon, he advanced under (inaudible) enemy automatic weapons fire and hand grenades to retrieve a seriously wounded Marine. Corporal Nicholson's outstanding courage and recouring initiative was a constant source of inspiration to his fire team, squad and platoon. His determination and daring despite overwhelming enemy fire resulted in the return of a seriously wounded Marine to a safe area and the ability of his platoon to hold the high ground in the face of superior enemy numbers, Corporal Nicholson was personally responsible for drawing the fire and destroying particularly effective enemy machine gun with fire from his Browning automatic rifle. By his selfless dedication, daring initiative and complete dedication to duty, Corporal Nicholson reflects great credit upon himself and upheld the highest traditions of the Marine Corps and the United States naval service. For the president, secretary of the Navy. Thank you members.

SENATOR STEVE OGDEN: Thank you, Senator Deuell. The Chair recognizes Senator Hinojosa for a motion to concur in House amendments to Senate Bill 978.

SENATOR JUAN HINOJOSA: Thank you, Mr. President and members. Senate Bill 978 is a local bill with the water district out of McAllen. And you recall we had a provision in the bill that added this petition to be

(inaudible) by the combined total of registered voters who reside in the city, the amendments that were added on the House side strengthened the protections against the farmers who receive waters. The change made that the House required that the petition be signed by at least 5 percent of the combined total of registered voters who reside in the city or any part of the district outside the city. It's a clarification amendment and I would move that we concur with House amendments to Senate Bill 978.

SENATOR STEVE OGDEN: Senator Hinojosa moves that the Senate concur to House amendments to Senate Bill 978. The secretary will call the roll.

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

SENATOR JUAN HINOJOSA: Thank you, Mr. President.

SENATOR STEVE OGDEN: Members senator Deuell moves that his remarks be reduced to writing concerning the awarding of the silver star to Corporal James E. Nicholson. Is there objection? Chair hears none, so ordered. Senator Zaffirini is recognized for a motion to concur in House amendments to Senate Bill 49.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. Mr. President and members, I move that the Senate concur on House amendments to Senate Bill 49 which is which the Senate passed on April 19th. It relates to school district requirements relating to parental notification and connection with disciplinary alternative education programs. The House added an acceptable amendment to delete a provision requiring a school principal or administrator to maintain documentation regarding each conference held concerning a student's placement in the alternative education programs. The amendment is acceptable and I move to concur.

SENATOR STEVE OGDEN: Senator Zaffirini moves that the Senate concur in House amendments to Senate Bill 49. The secretary will call the roll call.

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

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

SENATOR STEVE OGDEN: The Chair recognizes Senator Van de Putte for a motion to concur in House amendments to Senate Bill 988.

SENATOR LETICIA VAN DE PUTTE: Thank you, Mr. President. Mr. President and members, I move to concur with the House amendments to Senate Bill 988. Members, this is my cyber securities economic development bill. It creates a council that's compromised of nine members selected from our different agencies, businesses and institutions of higher Ed. When the bill was filed, it was listed as the House committee on technology economic development and work force as one of the committees that would a report from the council but the House now has two committees. It passed the House technology committee and the House economic and small business development committee. So with the jurisdictions, the changes would include those two separate committees. That's all the changes that occurred to the bill as it went through and I move to concur with the House amendments to Senate Bill 988.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: : 31 ayes, zero nays, the motion is adopted. The Chair recognizes Senator Fraser for a motion to concur in House amendments to Senate Bill 332.

SENATOR TROY FRASER: Members senate Bill 332 is the groundwater rights bill that we spent a lot of hours working on with Senator Hegar and Senator Duncan. The bill as you know was compromised, sent to the -- left the Senate, went to the House. Chairman Ritter continued to work on the bill keeping us up to speed on what he was doing and they ended up with compromised language and we agree with the changes they made. The major differences between the Senate version and this new version is the definition of landowner and the findings have been removed. The term vested interest has been replaced with real property. In the Senate version we had the phrase fair chance to produce which has been replaced with drill far and produced. Finally an exception has been placed for the (inaudible) districts and the Edwards Aquifer district, allowing them to continue regulating groundwater in the manner they had been authorized. It's a bill that I think has been very, very vetted. It's about as close that an agreed bill as I think I've seen in a long time, that a lot of people working on it and I am very pleased because this is a big issue for the state and it's going to have a lot of impact down the road. Mr. President, I would now move that we concur with House amendments to Senate Bill 332.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: Thirty ayes and one nay, the motion is adopted. The Chair recognizes Senator Hegar for a motion to concur in House amendments to Senate Bill 629.

SENATOR GLENN HEGAR: Thank you, Mr. President and members. The House amendment on Senate Bill 629, the special use fund district that we had passed out simply added at the consent of the city of San Marcos is required for the inclusion in the district of the 203 acre tract and so I move that we concur with House amendments to Senate Bill 629.

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

SENATOR STEVE OGDEN: Being 31 ayes, zero nays, the motion adopted. The Chair recognizes Senator Carona for a motion to concur in House amendments to Senate Bill 924.

SENATOR JOHN CARONA: Thank you, Mr. President. This bill deals with reporting by a municipal utility and co-ops. The House added one floor amendment, the amendment by Representative Phillips allows public service providers to use the dynamic information database that will allow simultaneous transmission of emergency messages generate emergency messages in realtime and assign receipts of such messages to priority groups for notification. This amendment is a good one and I move to concur with House amendments to Senate Bill 924.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays, the motion adopted. The Chair recognizes Senator Seliger for a motion to grant the House's question for appointment of a conference committee on House Bill 3109.

SENATOR KEL SELIGER: Thank you, Mr. President. I move to grant the House's request to go to conference committee on House Bill 3109 and where the Chair appoint conference committee members.

SENATOR STEVE OGDEN: Senator Seliger moves that the Senate grant the request of the House for a conference committee on House Bill 3109. Is there objection? Chair hears none, are there motions to instruct? Following conferees.

PATSY SPAW: Conference committee on House Bill 3109 Chair, Senator Seliger, members, Senator Duncan, Senator Eltife, Senator Uresti, and Senator Hinojosa.

SENATOR STEVE OGDEN: : Chair recognizes Senator Estes for a motion to not concur -- Senator Estes we got -- let me withdraw what I was recognizing you for and let me recognize you for something else. The Chair recognizes Senator Estes for a motion to reconsider the vote by which the Senate concurred on Senate Bill 408 and go to conference committee.

SENATOR CRAIG ESTES: Yes, Mr. President, I move to reconsider the vote by which the Senate moved to concur with House amendments to Senate Bill 408 on the previous legislative day.

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

SENATOR CRAIG ESTES: So now, I move to not concur with House amendments and move to appointment of a conference committee. Is that right?

SENATOR STEVE OGDEN: Yes. Senator Estes moves to not concur in House amendments and request the appointment of a conference committee. Is there objection? Chair hears none, are there any motions to instruct? The following conferees.

PATSY SPAW: Conference committee on Senate Bill 408 Senator Estes, Chair, members, Senator Fraser, Senator Harris, Senator Carona, Senator Lucio. Chair recognizes Senator Watson for a motion to not concur in House amendments to Senate Bill 293.

SENATOR KIRK WATSON: Thank you, Mr. President. Members, the amendment that was put to Senate Bill 293 in the House goes a little further than it should and ends up sunsetting existing telemedicine and telehealth programs that have been cost effective for years. The intent of the House with which we concurred was to sunset the proposed telemonitoring program only but the amendment just went too far. Members, I move that the Senate refuse to concur with the House amendments to Senate Bill 293 and appoint a conference committee.

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

PATSY SPAW: Conference committee on Senate Bill 293 Senator Watson, Chair, members, Senator Nelson, Senator West, Senator Uresti, and Senator Harris.

SENATOR STEVE OGDEN: The Chair recognizes Senator Hinojosa for a motion to grant the House's request for appointment of a conference committee on House Bill 2608.

SENATOR JUAN HINOJOSA: Mr. President and members, I move that we grant the request on the House on House Bill 2608 the conference committee be appointed.

SENATOR STEVE OGDEN: Senator Hinojosa moves that the Senate grant the request of the House for a conference committee on House Bill 2608. Is there objection? Chair hears none, are there motions to instruct? Following conferees.

PATSY SPAW: Conference committee on House Bill 2608 Senator Hinojosa, Chair, members, Senator Ellis, Senator Hegar, Senator Nichols, Senator Eltife.

SENATOR STEVE OGDEN: Chair recognizes season for a motion to concur in House amendments to Senate Bill 1416.

SENATOR JUAN HINOJOSA: Thank you, Mr. President and members. Senate Bill 416 is the piece of legislation is dealing with deflation devices thrown out of automobiles that cause an injury to law enforcement or general public. What the House did there was an amendment by Representative Fletcher that said that a person uses a tire deflation device while in a regular pursuit, a third degree felony but if a person uses a tire deflation device and someone serious bodily injury as a direct result of the fire deflation device, it becomes a penalty of a second degree. And that's acceptable so I would move that the Senate concur with the House amendments to Senate Bill 1416.

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 Rodriguez for a motion to concur in House amendments to Senate Bill 1551.

SENATOR JOSE RODRIGUEZ: Thank you, Mr. President and members. Senate Bill 1551 clarifies the definition of missing child and makes it a state crime to remove a child from the United States or retain a child outside the United States with the intent to obstruct a parent's custodial rights. This bill passed the Senate unanimously. The House added one amendment. The amendment by Representative King clarifies for certain crimes against children may be prosecuted. Currently child abduction cases like all cases are prosecuted in the county where the offense occurred. With this amendment child injury cases may be prosecuted in a county where an element of the offense occurred, where the defendant is apprehended, where the victim resides or where the defendant resides. The amendment is acceptable. Mr. President and members, I move to concur.

SENATOR STEVE OGDEN: Senator Rodriguez moves that the Senate concur in House amendments to Senate Bill 1551. The secretary will call the roll.

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

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

SENATOR STEVE OGDEN: Senator Zaffirini is recognized for a motion to concur in House amendments to Senate Bill 209.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. Mr. President and members, I move that the Senate concur in House amendments to Senate Bill 209 relating to juvenile case managers. The House added an acceptable amendment to address the situation in which juvenile case managers are heard by municipal court municipality rather than by a judge and to specify that the judge is assigned to the (inaudible) with the case manager on particular topics relating to the juvenile. Mr. President, I move adoption -- I move to concur.

SENATOR STEVE OGDEN: Senator Zaffirini moves that the Senate concur in House amendments to Senate Bill 209. The secretary will call the roll.

SENATOR STEVE OGDEN: : 31 ayes, zero nays, the motion adopted. Thank you, Senator.

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

SENATOR STEVE OGDEN: Senator Carona is recognized for a motion to concur in House amendments to Senate Bill 943.

SENATOR JOHN CARONA: Thank you, Mr. President. This bill deals with energy storage. The bill redefines the power energy restoration company to include owning storage. The House added the provision in the committee which clarified the guidelines set forth in Senate Bill 943 stating they do not imply regulatory treatment of the price of electricity required to charge electric energy storage equipment or facility and that simply is a clarifying amendment. The amendment is acceptable. I move to concur.

SENATOR STEVE OGDEN: Senator Carona moves that the Senate concur in House amendments to Senate Bill 943. The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays, the motion is adopted. Chair recognizes Senator Van de Putte for a motion to concur in House amendments to Senate Bill 1732.

SENATOR LETICIA VAN DE PUTTE: Thank you, Mr. President. Mr. President and members, I move to concur with the House amendments to Senate Bill 1732. Members, this is the bill that deals with the operation or post exchanges on state military property. In particular it would allow the Adagen general to establish and contract for the operation of not more than three military exchanges for example on Camp Mabry and other camps. The change that the House did related to the use of appropriated money for the use of purchasing certain items and the provision was stricken at the request of the governor's office and so that's what the changes that the House made and I would like to concur in the House amendments to Senate Bill 1732.

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 Nichols for a motion to concur in House amendments to Senate Bill 1185.

SENATOR ROBERT NICHOLS: Thank you, Mr. President and members. I move to concur with amendments to Senate Bill 1185. In the a local bill related to hotel, motel occupancy tax. The only difference between the Senate and the House version is a clarification in the venue that the local tax will be applied for -- this language was requested by the hotel motel ocean. The language that was added was quote that has a substantial impact on tourism and hotel occupancy, I feel like this is good language and I move that we concur with the House amendments.

SENATOR STEVE OGDEN: Senator Nichols moves that the Senate concur in House amendments to Senate Bill 1185. The secretary will call the roll.

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

SENATOR ROBERT NICHOLS: Thank you.

SENATOR STEVE OGDEN: The Chair recognizes Senator Patrick for a motion to concur in House amendments to Senate Bill 391.

SENATOR DAN PATRICK: Thank you, Mr. President and members. The House public education committee adopted a committee constitute to make a simple change. This is the bill that requires publishers to submit sample copies instead of hard copy in electronic form to save money. They simply changed it to two copies which is acceptable. I move to concur on Senate Bill 391.

SENATOR STEVE OGDEN: Senator Patrick moves that the Senate concur in House amendments to Senate Bill 391. The secretary will call the roll.

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

SENATOR DAN PATRICK: Thank you.

SENATOR STEVE OGDEN: The Chair recognizes Senator Carona for a motion to concur in House amendments to Senate Bill 981.

SENATOR JOHN CARONA: Thank you, Mr. President. The statute is unclear, it does not address provisions for small scale distributor generators, for example, whether these entities should be considered power generators even though they do not participate in the energy market like large providers, the House adopted two floor amendments. One said when, in fact, by Representative Solomons request that agreed to language by stakeholders that further clarifies the owner or customer of distributable renewal generation is not required to register with the PUC. We think that was well understood but it was added anyway. The second amendment defines a distributor renewal generation owner as a retail electric custom regardless of ownership or lease. Both of these amendments are acceptable. I move to concur.

SENATOR STEVE OGDEN: Senator Carona moves that the Senate concur in House amendments to Senate Bill 981. The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays, the motion is adopted. The Chair recognizes Senator Nichols on a motion to concur in House amendments to Senate Bill 663.

SENATOR ROBERT NICHOLS: Thank you, Mr. President and members. I move to concur with House amendments to Senate Bill 663. This bill is the sunset bill for the state committee of examiners and the fitting and dispensing of hearing aids. Senator Jackson, did you hear me on that?

SENATOR MIKE JACKSON: Mr. President.

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

SENATOR MIKE JACKSON: Will the gentleman yield?

SENATOR STEVE OGDEN: Did you hear him?

SENATOR MIKE JACKSON: I couldn't hear him, no, sir.

SENATOR STEVE OGDEN: Okay. Well, Senator Nichols, would you yield?

SENATOR ROBERT NICHOLS: What? Yes. Okay. The House added an amendment relating to the division responsibilities between committee and the staff. The amendment is consistent with the standard sunset across the board recommendations. I move to concur with the House amounts to Senate Bill 663.

SENATOR STEVE OGDEN: The secretary will call the roll.

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

SENATOR ROBERT NICHOLS: Thank you members.

SENATOR STEVE OGDEN: Senator Jackson is recognized for a motion to concur in House amendments to Senate Bill 498.

SENATOR MIKE JACKSON: Thank you, Mr. President. Senate Bill 498 deals with the trapping and transport of white tailed deer and I would move to concur with House amendments. The House decided to take the fees out of the bill, it's probably one of the few bills we had this session with no fees and I would move to concur with the House amendments.

SENATOR STEVE OGDEN: Senator Jackson moves that the Senate concur in House amendments to Senate Bill 498. The secretary will call the roll.

SENATOR STEVE OGDEN: : 31 ayes, zero nays, the motion is adopted. Senator Patrick is recognized for a motion to concur in House amendments to Senate Bill 844.

SENATOR DAN PATRICK: Yes, Mr. President and members, this addresses the offense of escaping detainer. After working with District Attorneys and defense attorneys, the House narrowed the provision relating to penalty enhancement. The bill now limits the enhancement of escape detainers from a secure facility. These changes are acceptable. I move to concur with changes in Senate Bill 844.

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

SENATOR JUAN HINOJOSA: Will the gentleman yield?

SENATOR DAN PATRICK: Yes.

SENATOR JUAN HINOJOSA: Senator, I know you and I worked on this bill on making sure it's pretty tight. What did the House do? I apologize, I didn't --

SENATOR DAN PATRICK: They narrowed it even more to say it deals with a secured facility. Our bill actually said it could cover a police car, for example, and they feel look this is a more narrowed approach. I will agree with it. I liked our bill as it was, but I will accept this.

SENATOR JUAN HINOJOSA: Who offered the amendment, do you know?

SENATOR DAN PATRICK: Let me check. I'll have to get that for you. Give me one second here.

SENATOR JUAN HINOJOSA: That's okay. You're telling me it would make the language much tighter, I'll accept your word on it.

SENATOR DAN PATRICK: Okay, yes. I move to concur, Mr. President.

SENATOR STEVE OGDEN: Senator Patrick moves that the Senate concur in House amendments to Senate Bill 844. The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, no nays, the motion is adopted. The Chair recognizes Senator Lucio for a motion to concur in House amendments to Senate Bill 1250.

SENATOR EDDIE LUCIO: Thank you, Mr. President. Members, I'd like to move to concur with House amendments to Senate Bill 1250. This bill is bracketed to the city of Lasidia, Texas allowing the green manufacturing and recycling industry to flourish. It passed the Senate unanimously and they put the 19th. The House amendment makes a technical change that tightens the bracketing language. The amendment is acceptable. At this time Mr. President and members, I'd like to move to concur to House amendments to Senate Bill 1250.

SENATOR STEVE OGDEN: There being 31 ayes, zero nays, the Senate concurs in House amendments to Senate Bill 1250.

SENATOR EDDIE LUCIO: Thank you, Mr. President. Thank you members. The Chair recognizes Senator Jackson for a motion to concur in House amendments to Senate Bill 1048.

SENATOR MIKE JACKSON: Thank you, Mr. President and members. I would like to move to concur on Senate Bill 1048 relating to public and private partnerships. Two technical corrections were made by the House author and there were really no substantive changes to the bill and I would move that we concur with the House amendments to Senate Bill 1048.

SENATOR STEVE OGDEN: The secretary will call the roll.

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

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

SENATOR STEVE OGDEN: The Chair recognizes Senator Zaffirini for a motion to concur in House amendments on Senate Bill 776.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. Mr. President and members, I move that the Senate concur on House amendments to Senate Bill 776 relating to customs brokers. This bill would enhance enforcement of custom broker regulations and increase accountability. The House added an acceptable amendment to require that the purchaser and the broker when using a power of attorney form attest that the purchaser has provided the information documentation required and that the purchaser is on notice, attachable personal property not exported is subject to taxation as well as payment. This amendment is acceptable and I move to concur.

SENATOR STEVE OGDEN: Senator Zaffirini moves that the Senate concur in House amendments to Senate Bill 776. 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.

SENATOR STEVE OGDEN: The Chair recognizes Senator Carona for a motion to concur in House amendments to Senate Bill 1170.

SENATOR JOHN CARONA: Thank you, Mr. President. Members, this bill deals with barber and cosmetology regulation. This is their cleanup bill that they bring forth about every four years. The House committee report amendments included just strictly cleanup amendments. For example language was added to allow specialty instructor licenses for barbers to match existing authority in cosmetology. The House was further amended on their local calendar to change the minimum size of cosmetology schools to 2800 square feet if located in a county in a population of 1,000 or more. These amendment are certainly acceptable. I move to concur with House amendments to Senate Bill 1170.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays, the motion is adopted. The Chair recognizes Senator Patrick for a motion to concur in House amendments to Senate Bill 1546.

SENATOR DAN PATRICK: Yes, Mr. President and members. This is a bill that allows tax payer representatives to receive a second hearing with the ARB if they miss the initial hearing for a good cause. The House added clarifying amendments and I move to concur.

SENATOR STEVE OGDEN: Senator Patrick moves that the Senate concur in House amendments to Senate Bill 1546. The secretary will call the roll.

SENATOR STEVE OGDEN: 30 ayes and one nay, the motion adopted. The Chair recognizes Senator Carona for a motion to concur in House amendments to Senate Bill 1810.

SENATOR JOHN CARONA: Thank you, Mr. President. This deals with inherited IRAs. Our Senate Bill clarified that inherited IRAs are property that's protected from bankruptcy, similar to noninherited IRA. The House committee substitute used language provided by the state bar to more clearly define the protection intended in the bill. These changes are simply clarifying and acceptable to me. I move to concur.

SENATOR STEVE OGDEN: Senator Carona moves that the Senate concur in House amendments to Senate Bill 1810. The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays, the motion is adopted. The Chair recognizes Senator Watson for a motion to concur in House amendments to Senate Bill 1285. Senator Watson, you're recognized far a motion to concur in House amendment to Senate bilge 1285.

SENATOR KIRK WATSON: Thank you, Mr. President. This is a local agreed upon bill that the Senate passed unanimously to strengthen the Austin police retirement system. The House amendment statutorily raises the contribution rate to a level that the system authors and members have already agreed to in their contract. So it just puts it in the statute. Mr. President, I move to concur with House amendments to Senate Bill 1285.

SENATOR STEVE OGDEN: The secretary will call the roll.

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

SENATOR KIRK WATSON: Thank you.

SENATOR STEVE OGDEN: : The Chair recognizes Senator Lucio for a motion to concur in House amendments to Senate Bill 1909.

SENATOR EDDIE LUCIO: Thank you, Mr. President. Members, I would like to move to concur with House amendments to Senate Bill 1909. This bill provides guidance for the divestment of the Texas Southern College and the University of Texas at Brownsville. The House amendment adds a reporting requirement for both institutions on the status of the partnership as it transitions. I would like to move at this time to concur the House amendment to Senate Bill 1909 Mr. President.

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

SENATOR STEVE OGDEN: 31 ayes and zero nays, the motion is adopted. Thank you, Senator.

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

SENATOR STEVE OGDEN: : Chair recognizes Senator Zaffirini for a motion to concur in House amendments to Senate Bill 1409.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. Mr. President and members, I move that the Senate concur with the House amendments to Senate Bill 1449 relating to an alternative method (inaudible) licensing requirements for chemical dependency treatment facilities. Members, the House made some very simple clarifying and technical amendments and they're all acceptable. For example, at one point the changed the term annual to current which is current practice and necessary for the bill's intent to be carried out. They made some mandatory language permissive changing it to May (inaudible) an accreditation review inspections and added other clarifying language such as that. It's all minor and technical and I move that we concur.

SENATOR STEVE OGDEN: Senator Zaffirini moves that the Senate concur in House amendments to Senate Bill 1449. 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.

SENATOR STEVE OGDEN: The Chair recognizes Senator Williams for a motion to concur in House amendments to Senate Bill 385.

SENATOR TOMMY WILLIAMS: Thank you, Mr. President and members. Senate Bill 385 creates the alternative fueling facilities program which reimburses a portion of incremental policy of constructing, reconstructing or requiring an alternative fueling facility in nonattainment areas of the state. The House added an amendment by Representative Strama that added Senate Bill 20 which passed the House and the Senate. Senate Bill 20 is the Texas Clean Transportation Triangle bill. It passed 29 to two in the Senate. I move to concur with the House amendment to Senate Bill 385.

SENATOR STEVE OGDEN: The secretary will call the roll.

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

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

SENATOR STEVE OGDEN: The Chair recognizes Senator Williams for a motion to concur in House amendments to Senate Bill 932.

SENATOR TOMMY WILLIAMS: Thank you, Mr. President and members. Senate Bill 932 relating to oyster beds and shells in an oyster shell recovery and replacement program. It requires the Texas parks and wildlife to sell harvest or shell fish restoration tags with a fee of 20 cents or an amount set by the commission. The funds generated by the tax will be used to replace suitable crush material on the public reefs within the basins of Texas. I move to concur with House amendments to Senate Bill 932. They added an amendment that removes the mention of grants and donations in section two and clarified that the commission may delegate duties to the executive director. I move to concur with the House amendments to Senate Bill 932.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays, the motion is adopted. The Chair recognizes Senator Williams for a motion to concur in House amendments to Senate Bill 1035.

SENATOR TOMMY WILLIAMS: Thank you, Mr. President and members. Senate Bill 1035 allows the tax assessor collectors in our states to issue permits and the Department of Motor Vehicles to issue licenses to protect the integrity of the submittal of transactional motor vehicle documents by nongovernmental entities through permitting and regulation of title service companies and the runners involved in that business in order to prevent fraud in this area. The House version exempts from the provisions relating to county permitting and state licensing and motor vehicle services a state or federally chartered bank or credit union and an auctioneer who's licensed under state law. It was never was intended to ever apply to those two entities. The House also added an amendment that requires the motor vehicle service license holder identify each customer through a valid identification document. I move to concur with the House amendments to Senate Bill 1035.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays, the motion is adopted. The Chair recognizes Senator Ellis for a motion to concur in House amendments to Senate Bill 767.

SENATOR RODNEY ELLIS: Thank you, Mr. President and members. This bill will help provide safeguards for consumers seeking foreclosure consulting services. It puts in place a number of safeguards including appropriate contract language, disclosures and operating procedures. At the request of the governor the language references the Deceptive Trade Practice Act has been stripped from the bill. I move adoption of the House amendments to Senate Bill 797.

SENATOR STEVE OGDEN: 767?

SENATOR RODNEY ELLIS: 797 -- yeah 767.

SENATOR STEVE OGDEN: All right. Senator Ellis moves that the Senate moves to House amendments to Senate Bill 767. The secretary will call the roll.

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

SENATOR RODNEY ELLIS: Thank you.

SENATOR STEVE OGDEN: The Chair recognizes Senator Ellis for a motion to concur in House amendments to Senate Bill 1068.

SENATOR RODNEY ELLIS: Thank you, Mr. President and members. Under this bill the state would have the ability to rent out unused parking paces at state owned facilities that remain vacant in the Austin area. These unused spaces could be rented out to private individuals, private universities, local government entities during business hours and after hours. The event would generate 1.6 billion for the biennium, the House added an amendment to ensure that the Texas facilities commission can lease out excess state parking outside of business hours. It also authorizes the commission to give priority to an individual or entity that is currently leasing or have previously leased. Members, I know that have been some concern about tailgating, but I want to assure you that the new language in this substitute explicitly protects the right to tailgate. I move to concur in House amendments to Senate Bill 1068.

SENATOR STEVE OGDEN: The secretary will call the roll.

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

SENATOR RODNEY ELLIS: Thank you.

SENATOR STEVE OGDEN: The Chair recognizes Senator Watson for a motion to concur in House amendments to Senate Bill 1286.

SENATOR KIRK WATSON: Thank you, Mr. President. Members, this is another local agreed upon bill that the Senate passed unanimously in this case to strengthen the Austin firefighter's relief and retirement fund. The House ripped out a provision regarding the appointment of unopposed candidates for the firefighter system board but the negotiated contribution system levels for the city and the fire fighters agreed to remain unchanged. Mr. President, I move to concur with House amendments to Senate Bill 1286.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays, the motion is adopted. Thank you, Senator. 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 that the House has taken the following action, the House has passed the following measures, HCR172 by Hamilton instructing the enrolling clerk of the House to make corrections --

SENATOR STEVE OGDEN: Thank you. The Chair recognizes Senator Hegar for a motion to concur in House amendments to Senate Bill 803.

SENATOR GLENN HEGAR: Thank you, Mr. President and members. Senate Bill 803 deals with use of MUNY taxes for Aransas county and the House added an amendment just simply updated the census data and I would move to concur to House amendments to Senate Bill 803.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: There being 31 ayes, zero nays, the motion is adopted. The Chair recognizes Senator Nelson for a motion to concur in House amendments to Senate Bill 71.

SENATOR JANE NELSON: Thank you, Mr. President. Members, okay. Senate Bill 71 eliminates obsolete and redundant reports required in health and human service agencies. This will allow agencies subject to state resources on providing information that's current and relevant to the governor, legislature and the public. This bill unanimously passed the Senate, it was amended in the House. The amendment eliminates additional reports determined to be obsolete or redundant by the health and human service agency. This amendment is consistent with the intent of the bill. I move to concur with House amendments to Senate Bill 71.

SENATOR STEVE OGDEN: : Senator Nelson moves that the Senate concur in House amendments to Senate Bill 71. The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays, the motion is adopted. Senator Nelson is recognized for a motion to concur in House amendments on Senate Bill 76.

SENATOR JANE NELSON: Thank you, Mr. President. Members, I move that the Senate concur on House amendments to Senate Bill 76 which provides

(inaudible) to provide unregulated sufferings, child care would submit to various background checks and provide the Work Force Commission to implement a number of protocols to combat fraud. The bill unanimously passed the Senate, the House added an amendment to provide Work Force Commission to establish a list of agencies authorized to access Department of Public Safety records to assist the commission during a fraud investigation, I move the Senate concur with the House amendments.

SENATOR STEVE OGDEN: Senator Nelson moves that the Senate concur with House amendments to Senate Bill 76. The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays, the motion is adopted. The Chair recognizes Senator Nelson on for a motion to concur on House amendments to Senate Bill 221.

SENATOR JANE NELSON: Thank you, Mr. President. Members, I move the Senate concur the House amendments to Senate Bill 221 which clarifies the role of adult protective services in protecting individuals who are elderly or disabled. The amendment corrects a drafting error that inadvertently removes the Department of Family Protective Services authority to conduct certain abuse and neglect investigations. This change was made by the House sponsor at my request. I move the Senate concur with House amendments.

SENATOR STEVE OGDEN: Senator Nelson moves that the Senate concur with House amendments to Senate Bill 221. The secretary will call the roll.

SENATOR STEVE OGDEN: Being 31 ayes, zero nays, the motion is adopted. The Chair recognizes Senator Nelson for a motion to concur in House amendments to Senate Bill 222.

SENATOR JANE NELSON: Thank you, Mr. President and members. I move the Senate concur in House amendments to Senate Bill 222. This bill unanimously passed the Senate and the House. The amendment removes the provision that required Medicaid clients enroll in community based alternative waiver programs to receive their personal attendant services through a state program. This change is consistent with decisions made in the budget. I move the Senate concur with House amendments to Senate Bill 222.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays, the motion is adopted. The Chair recognizes Senator Nelson for a motion to concur in House amendments to Senate Bill 469.

SENATOR JANE NELSON: Thank you, Mr. President. Senate Bill 469 protects toll road users from excessive administrative fees s by the Texas Toll Road Authority by outlining a new toll collections process. The house added several clarifying amendments that are acceptable, I move the Senate concur with House amendments to Senate Bill 469.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays, the motion is adopted. The Chair recognizes Senator Nelson for a motion to concur in House amendments to Senate Bill 1178.

SENATOR JANE NELSON: Thank you, Mr. Chairman. Mr. President, I move the Senate concur in House amendments to Senate Bill 1178. This bill unanimously passed both the House and the Senate. The amendment allows certain city operated child care programs to solicity input about their standards of care online instead of having to hold an annual public meeting. I move the Senate concur with House amendments.

SENATOR STEVE OGDEN: Senator Nelson moves that the Senate concur in House amendments to Senate Bill 1178. The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays, the motion is adopted. The Chair recognizes Senator Nelson for a motion to concur in House amendments to Senate Bill 1422.

SENATOR JANE NELSON: Thank you, Mr. President. Senate Bill 1422 makes changes to statutory authority Denton county transportation authority which is the suburban transit authority. The bill was mistakenly substituted in the House. The language before you is exactly the same as the version of Senate Bill 1442 that passed the Senate unanimously. So I move the Senate concur in House amendments.

SENATOR STEVE OGDEN: Senator Nelson moves that the Senate concur in House amendments to Senate Bill 1442. The secretary will call the roll.

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

SENATOR JANE NELSON: Thank you.

SENATOR STEVE OGDEN: Chair recognizes Senator Watson for a motion to concur in House amendments to Senate Bill 1649.

SENATOR KIRK WATSON: Thank you, Mr. President, members. This bill codifies the existing border prosecution unit program. The only change made by the House was to tighten up the definition of counties eligible to participate and that was to ensure that the counties currently participating remain eligible. Mr. President, I move to concur with House amendments to Senate Bill 1649.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, no nays, the motion is adopted.

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

SENATOR STEVE OGDEN: Chair recognizes Senator West for a motion to concur in House amendments to Senate Bill 760.

SENATOR ROYCE WEST: Thank you very much Mr. President. Mr. President and members, Senate Bill 760 is a bill that passed back unanimously in March, this bill provides cities and counties with greater flexibility to consolidate services and programs through long-term contracts. The amendment added by the House just clarifies that other entities which are subject to interlocal corporation acts of interlocal corporation acts had the claim ability when they contract with local governments. I move to concur with House amendments to Senate Bill 760.

SENATOR STEVE OGDEN: Senator West moves that the Senate concur in House amendments to Senate Bill 760. The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays, the motion is adopted. Thank you, Senator. The Chair recognizes Senator Nelson for a motion to concur in House amendments to Senate Bill 1179.

SENATOR JANE NELSON: Thank you, Mr. President. Senate Bill 1179 eliminates obsolete and redundant reports required by state agencies and institutions of higher education allowing them to focus state resources on providing informations that current and relevant to the governor, legislature and public. This bill unanimously passed the Senate, was amended in the House, this amendment was eliminated in the bill, it passed the Senate, I move the Senate concur.

SENATOR STEVE OGDEN: All the reports or just some of them?

SENATOR JANE NELSON: Just some.

SENATOR STEVE OGDEN: Senator Nelson moves that the Senate concur in House amendments to Senate Bill 1179. The secretary will call the roll.

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

SENATOR JANE NELSON: Thank you, Mr. President.

SENATOR STEVE OGDEN: The Chair recognizes Senator West for a motion to concur in House amendments to Senate Bill 1234.

SENATOR ROYCE WEST: Thank you very much, Mr. President and members. Senate Bill 1234 is the bill passed on the local calendar back in April. The amendment just added to the existing list of improvements these districts can undertake specifically. It added theaters, studios, exhibition halls, these amendments are economic development projects undertaken by the municipal management district. I move to concur with House amendments to Senate Bill 1234.

SENATOR STEVE OGDEN: Senator West moves that the Senate concur in House amendments to Senate Bill 1234. The secretary will call the roll.

SENATOR STEVE OGDEN: Being 30 ayes and one nay, the motion is adopted. The Chair recognizes Senator West on a motion to concur in House amendments to Senate Bill 1616.

SENATOR ROYCE WEST: Mr. President at this time, I'd move to concur with the House amendments to Senate Bill 1616 what the amendment this bill says the evidence involved in a commission can be destroyed if notice is given to the defendant or his attorney and they do not object to destruction, the amendment adds or the state can wait for the prescribed time period and destroy the evidence. The amendment is acceptable, I move to concur.

SENATOR STEVE OGDEN: Senator West moves that the Senate concur in House amendments to Senate Bill 1616. The secretary will call the roll.

SENATOR STEVE OGDEN: Being 31 ayes, zero nays, the motion is adopted. The Chair recognizes Senator West for a motion to concur on Senate Bill 197.

SENATOR ROYCE WEST: Mr. President and members, I move to concur with the House amendments on Senate Bill 197 a -- two amendments were placed on the bill. One amendment was a clarifying amendment brought to us by the Automobile Dealer Association and addresses how penalties are levied under this revised subchapter. It would prevent a person cited from being fined twice under different sections for the same violation. A second amendment was offered by Chairman Phillips, it calls for a study to be conducted by DPS to (inaudible) that the state should or could move to combine the electronic inspection systems. I move to concur.

SENATOR STEVE OGDEN: Senator West moves that the Senate concur in House amendments to Senate Bill 197. The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays, the motion is adopted. The Chair recognizes Senator West for a motion to concur in House amendments to Senate Bill 462.

SENATOR ROYCE WEST: Mr. President, I move to concur to House amendments to Senate Bill 462. Members, this is the expunction statute, what we did, the House added the same amendments that we added in House Bill 351 that was passed on the floor on Wednesday. More specifically they maintained the language placed on this bill by Senator Huffman on the floor and deals specifically with expunctions when cases are dismissed. I move to concur.

SENATOR STEVE OGDEN: Senator West moves that the Senate concur in House amendments to Senate Bill 462. The secretary will call the roll.

SENATOR STEVE OGDEN: There being 26 ayes and five nays, the motion is adopted. Senator Eltife you're recognized -- Senator Eltife for a motion to concur in House amendments to Senate Bill 1000.

SENATOR KEVIN ELTIFE: I move to concur in House amendments to SB1000, they're all good. The only one asking is you, Mr. President. The other members seem pleased with them. They're good. It's technical corrections. I believe they are. Are there any objections, members?

SENATOR STEVE OGDEN: I can tell you I'm losing control. I can see it. Senator Eltife moves that the Senate concur in technical House amendments to Senate Bill 1000. The secretary will call the roll.

SENATOR KEVIN ELTIFE: Before you call roll, Mr. President, technical is a loosely used word I want that to be my legislative intent.

SENATOR STEVE OGDEN: All right. Well, back up. Senator Eltife moves that the Senate concur in House amendments to Senate Bill 1000. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: Mr. President, I really appreciate you and the members for working with me on SB1000.

SENATOR STEVE OGDEN: I'm sorry, I recognized you.

SENATOR KEVIN ELTIFE: No, you're not, you're really not.

SENATOR STEVE OGDEN: The Chair recognizes Senator Lucio for a motion to concur in House amendments to Senate Bill 1760.

SENATOR EDDIE LUCIO: Thank you, Mr. President and members. I'd like to move to concur with House amendments to Senate Bill 1760. 1760, members, provides a notice of water waste water restrictions and requirements and certain border residential land sales. The House did one minor change that simply deleted a sentence and the notice with the land and resource committee believed was unnecessary that stated that the county in the insurance department were quote only acting as to information unquote. This was the only change in Senate Bill 1760. I would like to move to move to concur with House amendments to Senate Bill 1760 Mr. President, at this time.

SENATOR STEVE OGDEN: : Senator Lucio moves that the Senate concur in House amendments to Senate Bill 1760. The secretary will call the roll.

SENATOR STEVE OGDEN: Twenty-six ayes and five nays, the motion is adopted.

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 on Senate Bill 1413.

SENATOR GLENN HEGAR: Thank you, Mr. President and members. The House amendments that Senate Bill 1413 was in agreement between myself, the House and the governor's office, that this deals with a local hotel occupancy tax. Instead of having the rate at 7.75 percent, the rate was reduced to 7 percent and I would move to concur with House amendments to Senate Bill 1413.

SENATOR STEVE OGDEN: Senator Hegar moves that the Senate concur in House amendments to Senate Bill 413. The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays, the motion is adopted. Senator Nelson is recognized for a motion to not concur in House amendments to Senate Bill 8.

SENATOR JANE NELSON: Thank you, Mr. President and members, our Senate Bill 8 was relating to improving the quality and efficiency of health care in Texas. The House added several amendments. We need to go to conference to work out those differences. So I move the Senate did not concur in House amendments to Senate Bill 8. We need to appoint a conference.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, are there any motions to instruct -- Senator Carona for what purpose do you rise?

SENATOR JOHN CARONA: Mr. President, I do have a motion to instruct.

SENATOR JANE NELSON: Let me guess.

SENATOR JOHN CARONA: Pursuant to rule 1202 I move to instruct the Senate conferees on Senate Bill 8 to retain the language of House third reading floor amendment No. 3 which amends section 451.109 of the insurance code. Mr. President, relating to the reimbursement of chiropractors by health insurance policy insurers. This language is a portion of Senate Bill 1001 which passed unanimously by the Senate.

SENATOR STEVE OGDEN: Senator Nelson.

SENATOR JANE NELSON: Senator Carona, may I ask you a couple questions about that instruction?

SENATOR JOHN CARONA: Of course, yes, ma'am.

SENATOR JANE NELSON: So your motion to instruct is not to include the entire Senate Bill 1001?

SENATOR JOHN CARONA: That's correct.

SENATOR JANE NELSON: But a portion thereof.

SENATOR JOHN CARONA: Yes, ma'am, that's correct, just a portion.

SENATOR JANE NELSON: And as I understand it, that portion that you are discussing that was the amendment that was added to the House Bill -- to the bill in the House was a portion that entities agreed was acceptable. So your motion is not to add the entire bill but to add a portion thereof.

SENATOR JOHN CARONA: No, that's correct. Mine is only the portion that passed in the House by amendment and it is all part of an agreement that was made between the Texas Medical Association and the Texas Chiropractic Association I have on the floor.

SENATOR JANE NELSON: I know. I am just trying to clarify for our members and anyone else who is concerned that your motion is not having to do with the entire bill but a portion that everyone has agreed on.

SENATOR JOHN CARONA: Right. I don't know if everyone has agreed on it in the House but your description is correct.

SENATOR JANE NELSON: Thank you. Thank you. Duly noted. And Senator Carona, I think you're even being recommended to serve on this committee so you can make sure that's what happened.

SENATOR JOHN CARONA: Senator, I'm honored.

SENATOR STEVE OGDEN: Is there objection? Is this acceptable to the author?

SENATOR JANE NELSON: Yes.

SENATOR STEVE OGDEN: Senator Carona, will you restate your motion please?

SENATOR JANE NELSON: It was --

SENATOR JOHN CARONA: I move to instruct the Senate Bill conferees to retain the language of House Bill -- third reading floor amendment No. 3 which as Senator Nelson pointed out is only that partial language from Senate Bill 1001 but incidentally the -- all of Senate Bill 1001 did pass unanimously by the Senate.

SENATOR STEVE OGDEN: All right. Members, you've heard the motion. Is there objection? Chair hears none, the motion adopted. Following conferees.

PATSY SPAW: Conference committee on Senate Bill 8 Senator Nelson, Chair, members, Senator Huffman, Senator Shapiro, Senator Patrick, and Senator Carona.

SENATOR STEVE OGDEN: Senator Nelson is recognized for a motion to grant the House's request for the appointment of a conference committee on House Bill 300.

SENATOR JANE NELSON: Yes, sir. House Bill 300 was a bill related to the privacy of protected health information. The Senate added several amendments we need to go to conference to work out the differences. So I move to grant the House request for conference committee on House Bill 300.

SENATOR STEVE OGDEN: Senator Nelson moves that the Senate --

SENATOR ROYCE WEST: Mr. President.

SENATOR STEVE OGDEN: Senator West, for what purpose?

SENATOR ROYCE WEST: Just a question.

SENATOR STEVE OGDEN: All right.

SENATOR ROYCE WEST: Senator Nelson, how are you doing this afternoon?

SENATOR JANE NELSON: I am fine. How about you, Senator West?

SENATOR ROYCE WEST: If I got rid of this cold, I'd be doing a heck of a lot better. What amendments did the House place on this bill?

SENATOR JANE NELSON: Oh, let me look and see, Senator. While I'm looking for them, why don't you tell me which ones specifically you're talking about?

SENATOR ROYCE WEST: I'm just trying to figure out were any amendments placed on this bill that pertained to a bill that was not passed by the Senate.

SENATOR JANE NELSON: State your question again.

SENATOR ROYCE WEST: Was there any amendments placed on this particular bill, Senate Bill 8 concerning a bill that was not passed by the Senate?

SENATOR JANE NELSON: No, there weren't. They're telling me.

SENATOR ROYCE WEST: Was there a Senate Bill that --

SENATOR JANE NELSON: Okay. There is only one word that was -- the reason that we're not concurring, there was one word, the word permitted that we -- did we have it permitted and they had it allowed or we had it allowed -- there's just one word difference that we're disputing on House Bill 300.

SENATOR ROYCE WEST: Correct me, if you can. The Senate Bill or House Bill 5 placed on that the one that dealt with interstate conflict?

SENATOR JANE NELSON: No, sir, I think you're talking about Senate Bill 8 which we just allowed to go to conference. Wrong bill. This is privacy.

SENATOR ROYCE WEST: Okay. I thought we were on Senate Bill 8.

SENATOR JANE NELSON: No, sir.

SENATOR ROYCE WEST: Okay. Well, I apologize.

SENATOR JANE NELSON: No, no.

SENATOR ROYCE WEST: I thought we were on Senate Bill 8.

SENATOR JANE NELSON: You know, I'll --

SENATOR STEVE OGDEN: Senator West, we were on Senate Bill 8 and we just appointed a conference committee.

SENATOR JANE NELSON: Now we're on House Bill 300.

SENATOR STEVE OGDEN: Were you concerned about Senate Bill 8? All right. We have appointed a conference committee and we're conferencing. Senator Nelson moves that the Senate grant the request of the House for a conference committee on House Bill 300. Is there objection? Chair hears none, so ordered. Are there any motions to instruct? The following conferees.

PATSY SPAW: Conference committee on House Bill 300 Senator Nelson, Chair, members, Senator Huffman, Senator Uresti, Senator Shapiro, Senator Nichols.

SENATOR STEVE OGDEN: Chair recognizes Senator Carona for a motion to grant the House's request for appointment of a conference committee on House Bill 272.

SENATOR JOHN CARONA: Mr. President, the House requested the appointment of a conference committee. I move to grant that request.

SENATOR STEVE OGDEN: Senator Carona moves that the Senate grant the request of the House for a conference committee on House Bill 272. Is there objection? Chair hears none, are there motions to instruct? Following conferees.

PATSY SPAW: Conference committee on House Bill 272 Senator Carona, Chair, members, Senator Fraser, Senator Nelson, Senator Nichols and Senator Watson.

SENATOR STEVE OGDEN: The Chair recognizes Senator Ellis for a motion to grant the House's request for appointment of a conference committee on House Bill 1103.

SENATOR RODNEY ELLIS: Thank you, Mr. President. This is the animal cruelty bill we discussed the other day. I move to grant the House's request for conference committee on House Bill 1103.

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

PATSY SPAW: Conference committee on House Bill 1103. Senator Ellis, Chair, members, Senator Seliger, Senator Lucio, Senator Whitmire, Senator Huffman.

SENATOR STEVE OGDEN: : Members and guests, I'd like to recognize the governor of the Texas and welcome him to the Senate floor. Welcome, Governor. Chair recognizes Senator West for a motion to grant the House's request for appointment of a conference committee on House Bill 3246.

SENATOR ROYCE WEST: Mr. President, I move to grant the House's request for appointment of a conference committee on House Bill 3246.

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

PATSY SPAW: Conference committee on House Bill 3246 Senator West, Chair, members, Senator Wentworth, Senator Nichols, Senator Shapiro, and Senator Watson.

SENATOR STEVE OGDEN: The Chair recognizes Senator West for a motion to grant the House's request for appointment of a conference committee on House Bill 1400.

SENATOR ROYCE WEST: Members, I added an amendment over -- here in the Senate and we need to go to conference and talk about and so the House has asked for a conference committee. So at this time I move to grant the request of the House to appoint a conference committee for House Bill 1400.

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

PATSY SPAW: Conference committee on House Bill 1400, Senator West, Chair, members, Senator Wentworth, Senator Nichols, Senator Shapiro, and Senator Watson.

SENATOR STEVE OGDEN: Chair recognizes Senator Van de Putte for a motion to grant the House's request for appointment of a conference committee on House Bill 2093.

SENATOR LETICIA VAN DE PUTTE: Thank you, Mr. President. Mr. President and members, I move to grant the House's wish to have a conference committee on House Bill 2093. Members, House Bill 2093 was my sit bill, the consolidated insurance program bill. Senator Duncan successfully put on an amendment and that amendment was an indemnity bill. That amendment has caused great consternation in this Capitol. As you may have heard yesterday from Representative Senfronia Thompson, on the House floor, when I was made aware of the flyer that was used to ask us to reject Senator Duncan's amendment on this bill, I was quite disturbed at the graphic nature of it but also because it is very demeaning to the women in this Senate, to the women in the House, to the women who work in this legislature and to all of you who have a mother or a sister or a daughter. Members, we fight and we argue and we debate but in the public realm, even something that is done as a joke and intended only for the use and the humor of a couple of guys and a defense that boys will be boys will not be tolerated. This is extremely offensive and the tactics used are deplorable even in jest. It makes a mockery of what we have to do on this Senate floor and in the legislature. Members, as I move to grant the House's wish for a conference committee, I cannot tell you at this time whether the amendment that caused this vile flyer to be created is going to be withdrawn or whether it will be kept. But I do know that many of the CEOs involved with the Texas Civil Justice League and many lobbyists have come to apologize because they said that they did not know anything about it. I know that they did not know anything about this flyer, but when I found out and went to go find this to the House sponsor, I did not find it funny or a joke and neither did she. I asked Ms. Thompson what she would like for me to do because I felt it was necessary to speak to my colleagues on this. I will not show in public this flyer but and many of you have come by my desk and seen it. So, members, I would ask that you agree with me and that we grant the House's request to go to a conference committee on this bill that was a little bill about consolidated insurance programs and now has come to mean something greater and that is will we allow tactics like this to be used in the form of the Texas legislature. I would move that we grant the House's request and have a conference committee.

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

SENATOR DAN PATRICK: Mr. President.

SENATOR STEVE OGDEN: Senator Patrick.

SENATOR DAN PATRICK: I had my light on, not to object but I just want to let Senator Van de Putte know that it was just not women who were offended by this, I was offended. There is no place for that type of promotion against a bill, no place in this Capitol, no place in the business environment and I thought it was demeaning and degrading and I am glad that you sent up -- I didn't support that amendment that was on the bill but that was inexcusable, unacceptable and not just women in the legislature but men in the legislature need to send a clear message to any outside group or any legislature that this idea that boys will be boys is not acceptable. So thank you for standing up and speaking out. I wanted you to know that you're not alone and the men in the legislature are with you as well.

SENATOR STEVE OGDEN: Following conferees.

PATSY SPAW: Conference committee on House Bill 2093. Chair, Senator Van de Putte, members, Senator Duncan, Senator Deuell, Senator Jackson, Senator Lucio.

SENATOR STEVE OGDEN: Chair recognizes Senator Hughes wrote to grant the House's request for appointment of a conference committee on House Bill 213. House Bill 213. Senator Lucio is recognized for a motion to grant the House's request for appointment of a conference committee on House Bill 213.

SENATOR EDDIE LUCIO: Thank you, Mr. President. Members, I'd like to move to grant the House request to appoint a conference committee on HB213. Members, the House has requested an appointment of a conference committee to do a minor revision for the governor's office for an agreed to amendment. So at this point I move to grant the House request to appoint a conference committee on House Bill 213.

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

PATSY SPAW: Conference committee on House Bill 213, Senator Lucio, Chair, members, Senator Carona, Senator Estes, Senator Eltife, Senator Van de Putte.

SENATOR EDDIE LUCIO: Thank you, Mr. President.

SENATOR STEVE OGDEN: Chair recognizes Senator Van de Putte for a motion to concur in House amendments on Senate Bill 1733.

SENATOR LETICIA VAN DE PUTTE: Thank you, Mr. President and members. I move to concur in the House amendments to Senate Bill 1733. Members, this is the bill that helps our military spouses by helping them expedite occupational licenses. The changes in the House that they met with a direct discussion with the Texas department of licensing and regulation and the department of defense quality of life division. The change allows for an alternative license procedures for military spouses that is structured upon the possession of the current license in another state as well as the possession within the past five years of an occupational license in this state. The changes that were made were for clarification, members, and we really think that this will help our military spouses as they arrive here as a military family and have that spouse be able to have gainful employment here as well. With that I move to accept the changes that the House made on Senate Bill 1733.

SENATOR STEVE OGDEN: Senator Van de Putte moves that the Senate concur in House amendments to Senate Bill 1733. 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 concur in House amendments to Senate Bill 1736.

SENATOR LETICIA VAN DE PUTTE: Thank you, Mr. President. Mr. President and members, I move to concur with the House amendments to Senate Bill 1736. This is our college credit for heroes bill that helps our military take that college credit and it's developed between the Texas Work Force Commission and the Texas Higher Education coordinating board. The House amendments that we wanted to do would bring the Texas state technical college in as well and that to allows the work force credits as well as to bring in the colleges at TFTC. And with that I move to concur in House amendments to Senate Bill 1736 our college credit for heroes bill.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays, the motion is adopted. Chair recognizes Senator Van de Putte for a motion to concur in House amendments to Senate bill 1796.

SENATOR LETICIA VAN DE PUTTE: Thank you, Mr. President. Mr. President and members, I move to concur with the House amendments to Senate Bill 1796. This is our Texas coordinating council for veteran services. What we realized here and brought to our attention by Senator Rodriguez that as we have the coordinating council which included the veterans commission, the veterans land board, the Adagen general and health and human services commission that there was one group that we had left out and particularly in light of our veterans court and the work that the state bar has done in that military division, they call it the military and veteran division of the state bar to help our veterans as they go through the veteran courts that are in different areas of the state. The house added the state bar of Texas as a members of the council. With that, members, I move to concur with the House amendments to Senate Bill 1796.

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 Hegar for a motion to grant the House's request for appointment of a conference committee on House Bill 1517.

SENATOR GLENN HEGAR: Thank you, Mr. President and members. I would ask that we grant the House's request to appoint a conference committee on House Bill 1517.

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

PATSY SPAW: Conference committee on House Bill 1517 Chair, Senator Hegar, members, Senator Zaffirini, Senator Wentworth, Senator Ellis, Senator Huffman.

SENATOR STEVE OGDEN: The Chair recognizes Senator Hegar for a motion to not concur in House amendments to Senate Bill 542.

SENATOR GLENN HEGAR: Thank you, Mr. President and members. I ask that we not concur in House amendments to Senate Bill 542 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 542. Senator Hegar, Chair, members, Senator Huffman, Senator Whitmire, Senator Williams, Senator Seliger.

SENATOR STEVE OGDEN: Chair recognizes Senator Hegar for a motion to not concur in House amendments on Senate Bill 1130.

SENATOR GLENN HEGAR: Thank you, Mr. President and members. I ask not to concur on House amendments to Senate Bill 1130 and ask 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 1130. Senator Hegar, Chair, members, Senator Wentworth, Senator Deuell, Senator Eltife, Senator Birdwell.

SENATOR STEVE OGDEN: The Chair recognizes Senator Zaffirini for a motion to grant the House's request for appointment of a conference committee on House Bill 2910.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. Mr. President and members, House Bill 2910 relating to agreements between the coordinating board and certain organizations for increasing degree completion rates. The House apparently disapproves of some of the amendments we added, I am not sure which but I move that we grant the House's request for appointment of a conference committee report to we can find out.

SENATOR STEVE OGDEN: Senator Zaffirini moves that the Senate grant the request of the House for a conference committee report on House Bill 2910. Is there objection? Chair hears none, are there motion togs instruct? Following conferees.

PATSY SPAW: Conference committee on House Bill 2910 Senator Zaffirini, Chair, members, Senator Watson, Senator Carona, Senator Wentworth, Senator Eltife.

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

SENATOR STEVE OGDEN: Chair recognizes Senator Hinojosa for a motion to grant the House's request for appointment of a conference committee on House Bill 1560. Senator Hinojosa, you're recognized for a motion to grant the House's request for appointment of a conference committee on House Bill 1560.

SENATOR JUAN HINOJOSA: Thank you, Mr. President and members. I ask that we grant the request of the House to appoint a conference committee on House Bill 1560.

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

PATSY SPAW: Conference committee on House Bill 1560. Senator Hinojosa, Chair, members, Senator Ogden, Senator Watson, Senator Jackson, Senator Birdwell.

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 335.

SENATOR BRIAN BIRDWELL: Thank you, Mr. President and members. House Bill 335 is relating to the implementation and requirements of certain health care reform laws. This is the bill that I worked pretty close with Senator Ellis on. I move to grant the House's request for conference committee on House Bill 335.

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

PATSY SPAW: Conference committee on House Bill 335 Senator Birdwell, Chair, members, Senator Nelson, Senator Patrick, Senator Ellis, Senator Huffman.

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

SENATOR KIRK WATSON: Thank you, Mr. President and members. This relates to posting online different mechanisms for creating cost efficiency in state government and I move that we grant the House's request for a conference committee.

SENATOR STEVE OGDEN: For House Bill 2439. Is there objection? Chair hears none, are there motions to instruct? The following conferees.

PATSY SPAW: Conference committee on House Bill 2439 Chair, Senator Watson, members, Senator Ellis, Senator Whitmire, Senator Carona, Senator Jackson.

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 1242.

SENATOR CHRIS HARRIS: So mid.

SENATOR STEVE OGDEN: Senator Harris moves that the Senate grant the request of the House for appointment of a conference committee on House Bill 1242. Is there objection? Chair hears none, are there motions to instruct? Following conferees.

PATSY SPAW: Conference committee on House Bill 1242 Senator hair rise, Chair, members, Senator Jackson, Senator Lucio, Senator Estes, Senator Watson.

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 Senate that the House has taken the following action, the House has passed the following measures HCR173 by Thompson instructing the --

SENATOR STEVE OGDEN: Thank you. Following bills and resolutions signed in the presence of the Senate.

PATSY SPAW: House Bill 3580, House Bill 3597, House Bill 3674, House Bill 3724, House Bill 3730, House Bill 3746, House Bill 3813, House Bill 3831, House Bill 3834, House Bill 3837, House Bill 3740, House Bill 3842, House Bill 3843, House Bill 3844, House Bill 3856, House Bill 3866, HCR162, HCR142, HCR129.

SENATOR STEVE OGDEN: The Chair lays out the following resolution. Secretary will read the resolution.

PATSY SPAW: HCR172 instructing the enrolling clerk in the House to make corrections in the House Bill 2643.

SENATOR STEVE OGDEN: Chair recognizes Senator Watson to explain the resolution.

SENATOR KIRK WATSON: Thank you, Mr. President, members. HCR172 will fix a technical error actually it's a typographical errors that appeared. You'll remember that House Bill No. 2643 was what we were referring to as the elevators and escalators bill. And one of the things we did is we amended a bill dealing with HBAC onto that bill in doing that we ran into an issue related to whether or not you call it a subchapter or chapter in the amendment that was made. So on my elevators and escalators bill, Senator Carona almost took it down but this takes it to a higher floor. I move adoption of HCR172.

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

SENATOR STEVE OGDEN: The resolution is adopted.

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

SENATOR STEVE OGDEN: The following resolution. Secretary will read the resolution. Senator Hegar. 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 actions: The House has concurred to the Senate amendments in the following measures, HB218 --

SENATOR STEVE OGDEN: Thank you. Members, even though we had an unanticipated delay we should be done 6:00 p.m. Chair lays out the following resolution. Secretary will read the resolution.

PATSY SPAW: Senate Resolution 1177 suspending limitations on conference committee jurisdiction on 321.

SENATOR STEVE OGDEN: Chair recognizes Senator Hegar to explain the resolution.

SENATOR GLENN HEGAR: Thank you, Mr. President. Mr. President and members, the resolution before us is now necessary for a couple of changes in the bill that we had passed out of the Senate, I had some kind of broad immunity language. The House passed out the same language back to us but the question was adding in the words principle officer, director and employee instead of the word employees agent. Also we added those four words. Also specify that employer is not required to control in parking areas and provide that an employer is not required to investigate or determine employee's compliance with state firearm regulation. And I would move that we adopt Senate Resolution 1771 if there's no questions.

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

SENATOR KIRK WATSON: Question of Senator Hegar.

SENATOR GLENN HEGAR: Please, happy to.

SENATOR KIRK WATSON: Can you tell us what this bill was about?

SENATOR GLENN HEGAR: Yes, certainly. This Senate Bill 321 that we passed out of here earlier this year that had to deal with firearms in your vehicle while at work and so therefore the immunity language that left out of here, that left out of the House, there was confusion as to whether an employee's agent and so therefore we added in the words principle, officer, director or employee and agent and then also there was a question as to whether some people felt a little nervous, the House had debated this extensively, quite extensively and so in dealing with all of the parties, the governor's office, Trial Lawyers Association, Civil Justice League, I had made sure everybody was okay with the language that we changed in here. We left in excepting cases of gross negligence, we didn't touch anything on that, we simply added principle, officer, director or employee and agent instead of using the word agent and we also made sure that the employer's not required to patrol the parking area because there seems to be some ambiguity and so I said let's go ahead and clear that ambiguity up, so everything was cleared off.

SENATOR KIRK WATSON: Thank you, Senator.

SENATOR GLENN HEGAR: Thank you for your questions, Senator.

SENATOR STEVE OGDEN: Senator Hegar moves adoption of Senate Resolution 777. The secretary will call the roll.

SENATOR STEVE OGDEN: There being 30 ayes and one nay, the resolution is adopted. The Chair recognizes Senator Hegar on a motion for the conference committee report for Senate Bill 321.

SENATOR GLENN HEGAR: Thank you, Mr. President and members. I would ask that we adopt the conference committee report on Senate Bill 321 which is the bill that we were use describing in the resolution, out of bounds resolution whereby employees are able to leave their stored firearms and ammunition at their place of work, out of sight, out of mind. There is one change in the House, there was an exemption added to deal with chemical facilities and so therefore anyone that has a CHL is able to leave their concealed handgun and all legal firearms in their vehicle. And then also we had the language that I use described about principle, officer, director, employee, and employer doesn't have the duty to patrol in parking areas and I would ask that we adopt the conference committee report on Senate Bill 321.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: Twenty-nine ayes and two nays, the conference committee report is adopted. Chair recognizes Senator Hegar for the conference committee report on House Bill 3302.

SENATOR GLENN HEGAR: Thank you, Mr. President and members. On House Bill 3302 on the conference committee report Senator Hinojosa added an amendment that unfortunately was not acceptable to the House and so therefore we had removed his amendment from House Bill 3302 and I would ask that we adopt a conference committee report on House Bill 3302.

SENATOR STEVE OGDEN: Senator Hegar moves adoption of the conference committee report on House Bill 3302. The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays, the conference committee report is adopted. The following motion in writing, secretary read the motion.

PATSY SPAW: Motion in writing, Mr. President, I move that we grant the request of the House for a conference committee on House Bill 6, motion by Shapiro.

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

PATSY SPAW: Conference committee on House Bill six Senator Shapiro, Chair, members, Senator Duncan, Senator Van de Putte, Senator Carona, and Senator Nelson.

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

PATSY SPAW: Mr. President, I move that the Senate grant the request of the House for a conference committee on House Bill 2770 motion by Williams.

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

PATSY SPAW: Conference committee on House Bill 2770 Senator Williams, Chair, members, Senator Ellis, Senator Whitmire, Senator Jackson, Senator Nichols.

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

PATSY SPAW: Mr. President, I move that the Senate grant the request of the House for a conference committee on House Bill 2365, motion by Shapiro.

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

PATSY SPAW: Conference committee on House Bill 2365, Senator Shapiro, Chair, members, Senator Carona, Senator Nelson, Senator Huffman, Senator Birdwell.

SENATOR STEVE OGDEN: Following bills and resolutions signed in the presence of the Senate.

PATSY SPAW: House Bill 2396, House Bill 2460, House Bill 2492, House Bill 2496, House Bill 2541, House Bill 2575, House Bill 2577, House Bill 2584, House Bill 2636, House Bill 2651, House Bill 2678, House Bill 2722, House Bill 2869, House Bill 2960, House Bill 2966, House Bill 2996, House Bill 2997, House Bill 3,003, House Bill 3030, House Bill 3076, House Bill 3079, House Bill 3096, House Bill 3125, House Bill 3197, House Bill 3208, House Bill 3216, House Bill 3369, House Bill 3384, House Bill 3399, House Bill 3462, House Bill 3474, House Bill 3475.

SENATOR STEVE OGDEN: Following bills and resolutions signed in the presence of the Senate.

PATSY SPAW: House Bill 275, House Bill 2256, House Bill 2266, House Bill 2296, House Bill 2310, House Bill 2315, House Bill 2330, House Bill 2338, House Bill 2346, House Bill 2363.

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

PATSY SPAW: House Concurrent Resolution 166 commemorating the 10th anniversary of the death of John Pena and the naming of the John Austin Pena Memorial Center in Edinburgh.

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

SENATOR EDDIE LUCIO: Thank you, Mr. President. Members, if I could have your attention for a second. It is with a heavy heart that I bring this concurrent resolution before you. May the 18th, marks the 10th anniversary of the passing of John Austin Pena, the son of our colleague and my good friend State Representative Aaron Pena from the valley. John was a bright and cheerful young man, gifted in sports and writing. He had a lively imagination and was very interested in travel. John's life was tragically cut short when he and two friends experimented with a controlled substance at a social gathering. All three young men died as a result. The passing of John marks the beginning of a journey for Representative Pena. He began to look at the lack of substance abuse education in our state and the lack of treatment centers for those struggling with addictions especially in south Texas. That journey culminated in 2007 when the legislature gave budgetary approval for a drug treatment facility in Edinburgh. Earlier this month the Hidalgo county commissioner's court voted to name the facility the John Austin Pena Memorial Center. Members, it is always sad when a young life is cut short. John's life will serve as a solemn memorial to the dangers posed by drugs. However, the center that bears his name will be a beacon of hope and opportunity for people who are challenged by addiction. The John Austin Pena Memorial Center will raise awareness about drug dependence across the Rio Grande Valley, across our state. Many will enter the doors desperate and will leave with a renewed sense of vision for the life free from substance abuse. Members, I ask that you join me in paying tribute to the memory of John Austin Pena and to the bright future of the John Austin Pena Memorial Center. With that, Mr. President, and members I will move to adopt House concurrent resolution 166.

SENATOR STEVE OGDEN: Members, is there any objection? Chair hears none, the resolution is adopted.

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

SENATOR STEVE OGDEN: Chair recognizes Senator Jackson for a motion to grant the House's request for appointment of a conference committee on House Bill 2196.

SENATOR MIKE JACKSON: Thank you, Mr. President and members. I would move to grant the House's request to appoint a conference committee on House Bill 2194.

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

PATSY SPAW: Conference committee on House Bill 2194, Senator Jackson, Chair, members, Senator Duncan, Senator Huffman, Senator Van de Putte, Senator Lucio.

SENATOR STEVE OGDEN: Senator Zaffirini. Chair recognizes Senator Zaffirini for a motion to grant the House's request for appointment of a conference committee on House Bill 1000.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. I move that the House -- that the Senate grant the request of the House for a conference committee on House Bill 1000 relating to National Research University funds.

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

PATSY SPAW: Conference committee on House Bill 1000 Senator Zaffirini, Chair, members, Senator Williams, Senator Shapiro, Senator Wentworth, Senator Ellis.

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

PATSY SPAW: House Bill 1930, House Bill 1967, House Bill 1969, House Bill 1981, House Bill 2119, House Bill 1994, House Bill 2124, House Bill 2133, House Bill 2136, House Bill 2138, House Bill 2141, House Bill 2220, House Bill 2247.

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 that the House has taken the following action, the House has concurred in the Senate amendments to the following measures, HB175, HB550, HB742, House Bill 811 --

SENATOR STEVE OGDEN: Thank you. Following message in writing. Secretary will read the motion.

PATSY SPAW: Mr. President, I move that the Senate grant the request of the House for a conference committee on House Bill 2847. Motion by Whitmire.

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

PATSY SPAW: Conference committee on the House Bill 2847 Senator Whitmire, Chair, members, Senator Huffman, Senator Hegar, Senator Patrick, Senator Hinojosa.

SENATOR STEVE OGDEN: Following bills signed in the presence of the Senate.

PATSY SPAW: House Bill 1651, House Bill 1690, House Bill 1721, House Bill 1737, House Bill 1750, House Bill 1784, House Bill 1823, House Bill 1856, House Bill 1887, House Bill 1891, House Bill 1897.

SENATOR STEVE OGDEN: Chair recognizes Senator Hinojosa for a motion to not concur in House amendments to Senate Bill 660.

SENATOR JUAN HINOJOSA: Thank you, Mr. President and members. I move that the House not concur with the amendments by the House to Senate Bill 660 and appoint a conference committee.

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

SENATOR TROY FRASER: Mr. President, I call a point of order for the consideration against Senate Bill 660 because the amendments added in the House are not germane under Senate Rule 715 and they violate the two subject rule under section 35 article three of the Texas constitution.

SENATOR STEVE OGDEN: Bring your point of order forward. All right. Senator Fraser, you called a point order in that the House amendments to Senate Bill 606 violated Senate rule 715 and that violated the two subject provision because the amendment dealing with fracking reporting is not the same subject as the bill Senate Bill 660. It's the opinion of the Chair that if you wanted to ask for a ruling, that we would sustain your motion.

SENATOR TROY FRASER: I'm being advised by the Chair that this is a sustainable violation of the two subject rule. In the conversation with Senator Hinojosa and actually Senator Hegar, members, the issue for me even though I have a sustainable point of order, that if we call this point of order, we don't have time to get it back to the House, get it stripped off and get it back over. Senator Hinojosa, I would ask you that if I am willing to withdraw my point of order, even though we have a sustainable point of order, we appoint a conference committee, would I have your assurances that if we do that that the -- the problem I got with the bill obviously was the amendment that was added having to do with the fracking bill, we don't want that amendment coming back over here, would I have a commitment from you that you would make sure that that was stripped off and it would not come back over here?

SENATOR JUAN HINOJOSA: Senator Fraser, if I may Mr. President, Senator Fraser, as you know we discussed the issue and I understand that the fracking amendment that was added in the House is not germane to this bill, so we sent it back and knocked it off right now the bill is dead. So it is your commitment that we will not accept the House amendment for the simple reason it is not germane and dealing with the other issues dealing with future conditions in the hearing processes that's in the water development board.

SENATOR TROY FRASER: And the persons that you would to the conference committee, I would ask that I be a member of the conference committee.

SENATOR JUAN HINOJOSA: You will be a member of the conference committee along with Senator Seliger, Senator Hegar, Senator Duncan, Senator Whitmire.

SENATOR TROY FRASER: And I would ask for that same commitment of the conferees that they agree if it comes back over, they won't sign the conference committee report if that amendment is on the bill.

SENATOR JUAN HINOJOSA: My understanding is from discussion that we've had is that we are all on the same page, we have that agreement, an understanding.

SENATOR GLENN HEGAR: I stand committed.

SENATOR TROY FRASER: Mr. President, I will now withdraw my -- the objection to the bill and allow the bill to move forward.

SENATOR STEVE OGDEN: All right. Senator Hinojosa moves that the Senate not concur in House amendments to Senate Bill 660 and request the appointment of a conference committee. Is there objection? Chair hears none, are there any motions to instruct? The following conferees.

PATSY SPAW: Conference committee on Senate Bill 660, Senator Hinojosa, Chair, members, Senator Hegar, Senator Duncan, Senator Fraser, Senator Whitmire.

SENATOR STEVE OGDEN: Following motion in writing, secretary will read the motion.

PATSY SPAW: Mr. President, I move that the Senate grant the request of the House for a conference committee on House Bill 3468 motion by Shapiro.

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

PATSY SPAW: Conference committee on House Bill 3468 Senator Shapiro, Chair, members, Senator Nelson, Senator Seliger, Senator West, and Senator Carona.

SENATOR STEVE OGDEN: All right. Members, we're getting ready to recess and we're going to recess until 11:00 a.m. tomorrow morning for a joint session in the House in which we'll have a Memorial Day session and many family members, veterans who have lost their lives in Iraq and Afghanistan will be here to be presented with flower -- I mean, with a flag and certificates from the governor and legislators from their district. So we're getting ready to recess, we'll be back here at 11:00 in the morning for the Memorial Day service and then we'll stand adjourned until 2:00 p.m. later on on Saturday. Does anyone have any announcements? Senator Fraser wants us to hold for a second. Members, we're waiting on one last bill and a determination on whether we need to go ahead and act on it. The Chair announces the signing of the following in the presence of the Senate.

PATSY SPAW: House Bill 8961, House Bill 1009, House Bill 1033, House Bill 1083, House Bill 1118, House Bill 1205, House Bill 1247, House Bill 1293, House Bill 1301, House Bill 1314, House Bill 1330, House Bill 1376, House Bill 1402, House Bill 1429, House Bill 1473, House Bill 1476, House Bill 1500. Chair announces the following signing in the presence of the Senate.

PATSY SPAW: House Bill 709, House Bill 710, House Bill 718, House Bill 748, House Bill 782, House Bill 788, House Bill 790, House Bill 805, House Bill 807, House Bill 844, House Bill 850, House Bill 896.

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

PATSY SPAW: House Bill 14, House Bill 25, House Bill 42, House Bill 78, House Bill 174, House Bill 274, House Bill 289, House Bill 336, House Bill 359, House Bill 360, House Bill 371, House Bill 384, House Bill 398, House Bill 427, House Bill 452, House Bill 559, House Bill 645, House Bill 673.

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 Senate that the House has taken the following action, the House has concurred in the Senate amendments to the following measures, HB9, HB167, HB351, HB327, HB2516, HB2810, HCR324. The House has refused to concur in the Senate amendments to the following measures and request the appointment of a conference committee --

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

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. I move to grant the request of the House for a conference committee on House Bill 3025.

SENATOR STEVE OGDEN: Yes, ma'am.

SENATOR JUDITH ZAFFIRINI: Thank you.

SENATOR STEVE OGDEN: Senator Zaffirini moves that the Senate grant the request of the House for a conference committee for House Bill 3025. Is there objection? Chair hears none, are there motions to instruct? Following conferees.

PATSY SPAW: Conference committee on House Bill 3025 Senator Zaffirini, Chair, members, Senator Duncan, Senator Watson, Senator Wentworth, Senator Carona.

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

SENATOR STEVE OGDEN: Chair recognizes Senator Jackson for a highly privileged motion.

SENATOR MIKE JACKSON: Thank you, Mr. President, I move that the Senate recess until 11:00 a.m. tomorrow for a joint session and upon conclusion of the joint session I move that the Senate adjourn until 2:00 p.m. Saturday May 28th.

SENATOR STEVE OGDEN: Is there objection to the motion? Chair hears none, the Senate stands recessed until 11:00 am tomorrow for joint session. Upon conclusion of the joint session the Senate stands adjourned until 2:00 p.m. Saturday May the 28th.

(Adjourned.)