Thursday, May 6, 1999 HOUSE JOURNAL - 67th Day

HOUSE JOURNAL

seventy-SIXTH legislature, REGULAR session

PROCEEDINGS

SIXTY-SEVENTH DAY - THURSDAY, MAY 6, 1999

The house met at 10 a.m. and was called to order by the speaker.

The roll of the house was called and a quorum was announced present (Record 232).

Present - Mr. Speaker; Alexander; Allen; Alvarado; Averitt; Bailey; Berman; Bonnen; Bosse; Brimer; Brown, B.; Brown, F.; Burnam; Capelo; Carter; Chavez; Chisum; Christian; Clark; Coleman; Cook; Corte; Counts; Crabb; Craddick; Crownover; Cuellar; Culberson; Danburg; Davis, J.; Davis, Y.; Delisi; Denny; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Ehrhardt; Eiland; Elkins; Ellis; Farabee; Farrar; Flores; Gallego; Garcia; George; Giddings; Glaze; Goodman; Goolsby; Gray; Green; Greenberg; Grusendorf; Gutierrez; Haggerty; Hamric; Hardcastle; Hartnett; Hawley; Heflin; Hilbert; Hilderbran; Hill; Hinojosa; Hochberg; Hodge; Homer; Hope; Howard; Hunter; Hupp; Isett; Janek; Jones, C.; Jones, D.; Jones, J.; Junell; Keel; Keffer; King, P.; King, T.; Krusee; Kuempel; Lengefeld; Lewis, G.; Lewis, R.; Longoria; Luna; Madden; Marchant; Maxey; McCall; McClendon; McReynolds; Merritt; Moreno, J.; Morrison; Mowery; Naishtat; Najera; Nixon; Noriega; Oliveira; Olivo; Palmer; Pickett; Pitts; Puente; Ramsay; Rangel; Reyna, A.; Reyna, E.; Ritter; Sadler; Salinas; Seaman; Shields; Siebert; Smith; Smithee; Solis, J.; Solis, J. F.; Solomons; Staples; Swinford; Talton; Telford; Thompson; Tillery; Truitt; Turner, B.; Turner, S.; Uher; Uresti; Van de Putte; Walker; West; Williams; Wilson; Wise; Wohlgemuth; Wolens; Woolley; Yarbrough; Zbranek.

Absent, Excused - Moreno, P.

The invocation was offered by Robert Jemerson, pastor, Second Baptist Church, San Antonio.

HR 851 - ADOPTED

(by Wohlgemuth)

Representative Wohlgemuth moved to suspend all necessary rules to take up and consider at this time HR 851.

The motion prevailed without objection.

The following resolution was laid before the house:

HR 851, Designating May 6, 1999 as "A Day of Prayer in Texas".

HR 851 was read and was adopted without objection.

On motion of Representative Howard, the names of all the members of the house were added to HR 851 as signers thereof.

CAPITOL PHYSICIAN

The speaker recognized Representative Homer who presented Dr. Lee R. Schreiber of Bonham as the "Doctor for the Day."

76th LEGISLATURE - REGULAR SESSION

The house welcomed Dr. Schreiber and thanked him for his participation in the Physician of the Day Program sponsored by the Texas Academy of Family Physicians.

MESSAGES FROM THE SENATE

Messages from the senate were received at this time (see the addendum to the daily journal, Messages from the Senate, Message Nos. 1 and 2).

HR 855 - ADOPTED

(by Morrison)

Representative Morrison moved to suspend all necessary rules to take up and consider at this time HR 855.

The motion prevailed without objection.

The following resolution was laid before the house:

HR 855, Congratulating the Victoria High School Victoriadores on their award-winning performances during the 1998-1999 school year.

HR 855 was read and was adopted without objection.

INTRODUCTION OF GUESTS

The speaker recognized Representative Morrison, who introduced members of the Victoria High School Victoriadores.

HR 850 - ADOPTED

(by J. Moreno)

Representative J. Moreno moved to suspend all necessary rules to take up and consider at this time HR 850.

The motion prevailed without objection.

The following resolution was laid before the house:

HR 850, Commending those associated with Houston's Ripley House and congratulating them on the occasion of their 12th Annual Pan American Salute.

HR 850 was read and was adopted without objection.

INTRODUCTION OF GUESTS

The speaker recognized Representative J. Moreno, who introduced Mr. and Miss. Pan American, Enrique Van and Marjorie Jimenez.

BILLS AND RESOLUTIONS SIGNED BY THE SPEAKER

Notice was given at this time that the speaker had signed bills and resolutions in the presence of the house (see the addendum to the daily journal, Signed by the Speaker, House List No. 43).

INTRODUCTION OF GUESTS

The speaker recognized Representative Dukes, who introduced Yukiko Fukagawa, associate professor of economics, Aoyama Gakuin University in Japan; Shuhei Kishimoto, director of international financial markets office,

Thursday, May 6, 1999 HOUSE JOURNAL - 67th Day

Ministry of Finance in Japan; and Mineko Sasaki-Smith, Market Economist and Associate, U.S.-Japan Program Harvard University.

HR 808 - ADOPTED

(by Cuellar)

Representative Cuellar moved to suspend all necessary rules to take up and consider at this time HR 808.

The motion prevailed without objection.

The following resolution was laid before the house:

HR 808, Honoring Oscar H. Garza, Jr., for being chosen a Hero for Children by the State Board of Education.

HR 808 was read and was adopted without objection.

INTRODUCTION OF GUESTS

The speaker recognized Representative Cuellar, who introduced Oscar H. Garza, Jr., and his wife.

HR 836 - ADOPTED

(by Grusendorf)

Representative Grusendorf moved to suspend all necessary rules to take up and consider at this time HR 836.

The motion prevailed without objection.

The following resolution was laid before the house:

HR 836, Recognizing the Texas State Chapter of the International and American Associations of Clinical Nutritionists.

HR 836 was read and was adopted without objection.

On motion of Representative Denny, the names of all the members of the house were added to HR 836 as signers thereof.

HR 853 - ADOPTED

(by Cuellar)

Representative Cuellar moved to suspend all necessary rules to take up and consider at this time HR 853.

The motion prevailed without objection.

The following resolution was laid before the house:

HR 853, Honoring the students, faculty, parents, and staff of the Los Obispos Middle School community in Laredo.

HR 853 was read and was adopted without objection.

HR 858 - ADOPTED

(by Pitts)

Representative Pitts moved to suspend all necessary rules to take up and consider at this time HR 858.

76th LEGISLATURE - REGULAR SESSION

The motion prevailed without objection.

The following resolution was laid before the house:

HR 858, Honoring Lee Scott Bloemendal on the occasion of his graduation from medical school.

HR 858 was adopted without objection.

On motion of Representative Uher, the names of all the members of the house were added to HR 858 as signers thereof.

BILLS AND JOINT RESOLUTIONS ON FIRST READING

AND REFERRAL TO COMMITTEES

RESOLUTIONS REFERRED TO COMMITTEES

CORRECTIONS IN REFERRAL

Bills and joint resolutions were at this time laid before the house, read first time, and referred to committees. Resolutions were at this time laid before the house and referred to committees. Pursuant to Rule 1, Section 4, of the House Rules, the chair at this time corrected the referral of measures to committees. (See the addendum to the daily journal, Referred to Committees, List No. 1.)

GENERAL STATE CALENDAR

SENATE BILLS

THIRD READING

The following bills were laid before the house and read third time:

SB 174 ON THIRD READING

(Junell - House Sponsor)

SB 174, A bill to be entitled An Act relating to codification of certain state employment matters currently prescribed by the General Appropriations Act.

SB 174 was passed.

SB 175 ON THIRD READING

(Junell - House Sponsor)

SB 175, A bill to be entitled An Act relating to codification of certain travel provisions in the General Appropriations Act that are applicable to state officers and employees.

SB 175 was passed.

SB 176 ON THIRD READING

(Junell - House Sponsor)

SB 176, A bill to be entitled An Act relating to codification of certain reporting and accounting requirements in the General Appropriations Act that are applicable to state agencies.

Amendment No. 1

Representative Van de Putte offered the following amendment to SB 176:

Thursday, May 6, 1999 HOUSE JOURNAL - 67th Day

Amend SB 176 on Third Reading in SECTION 5 of the bill, amended Section 2101.011 (c) , Government Code, by adding a new appropriately numbered subdivision to read as follows and renumbering existing subdivisions accordingly:

( ) for an institution of higher education, the total amount of lump-sum payments made to employees who separated from state service during the fiscal year for accrued vacation and compensatory leave;

Amendment No. 1 was adopted without objection.

SB 176, as amended, was passed.

SB 177 ON THIRD READING

(Junell - House Sponsor)

SB 177, A bill to be entitled An Act relating to codification of certain provisions in the General Appropriations Act that authorize, restrict, or prohibit expenditures by public entities.

SB 177 was passed.

SB 130 ON THIRD READING

(Smithee - House Sponsor)

SB 130, A bill to be entitled An Act relating to certain unfair practices by insurers and certain related entities regarding preferred providers of health care.

Representative Hunter moved to postpone consideration of SB 130 until 2 p.m. today.

The motion prevailed without objection.

SB 184 ON THIRD READING

(Hunter - House Sponsor)

SB 184, A bill to be entitled An Act relating to the student loan program administered by the Texas Higher Education Coordinating Board; authorizing the issuance of bonds.

A record vote was requested.

SB 184 was passed by (Record 233): 143 Yeas, 0 Nays, 1 Present, not voting.

Yeas - Alexander; Allen; Alvarado; Averitt; Bailey; Berman; Bonnen; Bosse; Brimer; Brown, B.; Brown, F.; Burnam; Capelo; Chavez; Chisum; Christian; Clark; Coleman; Cook; Corte; Counts; Crabb; Craddick; Crownover; Cuellar; Culberson; Danburg; Davis, J.; Davis, Y.; Delisi; Denny; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Ehrhardt; Eiland; Elkins; Ellis; Farabee; Farrar; Flores; Gallego; Garcia; George; Giddings; Glaze; Goolsby; Gray; Green; Greenberg; Grusendorf; Gutierrez; Haggerty; Hamric; Hardcastle; Hartnett; Hawley; Heflin; Hilbert; Hilderbran; Hill; Hinojosa; Hochberg; Hodge; Homer; Hope; Hunter; Hupp; Isett; Janek; Jones, C.; Jones, D.; Jones, J.; Junell; Keel; Keffer; King, P.; King, T.; Krusee; Kuempel; Lengefeld; Lewis, G.; Lewis, R.; Longoria; Luna; Madden; Marchant; Maxey;

76th LEGISLATURE - REGULAR SESSION

McCall; McClendon; McReynolds; Merritt; Moreno, J.; Morrison; Mowery; Naishtat; Najera; Nixon; Noriega; Oliveira; Olivo; Palmer; Pickett; Pitts; Puente; Ramsay; Rangel; Reyna, A.; Reyna, E.; Ritter; Sadler; Salinas; Seaman; Shields; Siebert; Smith; Solis, J.; Solis, J. F.; Staples; Swinford; Talton; Telford; Thompson; Tillery; Truitt; Turner, B.; Turner, S.; Uher; Uresti; Van de Putte; Walker; West; Williams; Wilson; Wise; Wohlgemuth; Wolens; Woolley; Yarbrough; Zbranek.

Present, not voting - Mr. Speaker(C).

Absent, Excused - Moreno, P.

Absent - Carter; Goodman; Howard; Smithee; Solomons.

STATEMENT OF VOTE

When Record No. 233 was taken, I was in the house but away from my desk discussing legislation appearing on the calendar with another member. I would have voted yes.

Solomons

SB 1367 ON THIRD READING

(Wolens - House Sponsor)

SB 1367, A bill to be entitled An Act relating to legislative access to information.

A record vote was requested.

SB 1367 was passed by (Record 234): 145 Yeas, 0 Nays, 1 Present, not voting.

Yeas - Alexander; Allen; Alvarado; Averitt; Bailey; Berman; Bonnen; Bosse; Brimer; Brown, B.; Brown, F.; Burnam; Capelo; Chavez; Chisum; Christian; Clark; Coleman; Cook; Corte; Counts; Crabb; Craddick; Crownover; Cuellar; Culberson; Danburg; Davis, J.; Davis, Y.; Delisi; Denny; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Ehrhardt; Eiland; Elkins; Ellis; Farabee; Farrar; Flores; Gallego; Garcia; George; Giddings; Glaze; Goodman; Goolsby; Gray; Green; Greenberg; Grusendorf; Gutierrez; Haggerty; Hamric; Hardcastle; Hartnett; Hawley; Heflin; Hilbert; Hilderbran; Hill; Hinojosa; Hochberg; Hodge; Homer; Hope; Howard; Hunter; Hupp; Isett; Janek; Jones, C.; Jones, D.; Jones, J.; Junell; Keel; Keffer; King, P.; King, T.; Krusee; Kuempel; Lengefeld; Lewis, G.; Lewis, R.; Longoria; Luna; Madden; Marchant; Maxey; McCall; McClendon; McReynolds; Merritt; Moreno, J.; Morrison; Mowery; Naishtat; Najera; Nixon; Noriega; Oliveira; Olivo; Palmer; Pickett; Pitts; Puente; Ramsay; Rangel; Reyna, A.; Reyna, E.; Sadler; Salinas; Seaman; Shields; Siebert; Smith; Smithee; Solis, J.; Solis, J. F.; Staples; Swinford; Talton; Telford; Thompson; Tillery; Truitt; Turner, B.; Turner, S.; Uher; Uresti; Van de Putte; Walker; West; Williams; Wilson; Wise; Wohlgemuth; Wolens; Woolley; Yarbrough; Zbranek.

Present, not voting - Mr. Speaker(C).

Absent, Excused - Moreno, P.

Absent - Carter; Ritter; Solomons.

Thursday, May 6, 1999 HOUSE JOURNAL - 67th Day

STATEMENT OF VOTE

When Record No. 234 was taken, I was in the house but away from my desk discussing legislation appearing on the calendar with another member. I would have voted yes.

Solomons

SB 1755 ON THIRD READING

(Puente and T. King - House Sponsors)

SB 1755, A bill to be entitled An Act relating to modification of district lines for the election of directors for the Edwards Aquifer Authority.

A record vote was requested.

SB 1755 was passed by (Record 235): 145 Yeas, 0 Nays, 1 Present, not voting.

Yeas - Alexander; Allen; Alvarado; Averitt; Bailey; Berman; Bonnen; Bosse; Brimer; Brown, B.; Brown, F.; Burnam; Capelo; Carter; Chavez; Chisum; Christian; Clark; Coleman; Cook; Corte; Counts; Crabb; Craddick; Crownover; Cuellar; Culberson; Danburg; Davis, J.; Davis, Y.; Delisi; Denny; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Ehrhardt; Eiland; Elkins; Ellis; Farabee; Farrar; Flores; Gallego; Garcia; George; Giddings; Glaze; Goolsby; Gray; Green; Greenberg; Grusendorf; Gutierrez; Haggerty; Hamric; Hardcastle; Hartnett; Hawley; Heflin; Hilbert; Hilderbran; Hill; Hinojosa; Hodge; Homer; Hope; Howard; Hunter; Hupp; Isett; Janek; Jones, C.; Jones, D.; Jones, J.; Junell; Keel; Keffer; King, P.; King, T.; Krusee; Kuempel; Lengefeld; Lewis, G.; Lewis, R.; Longoria; Luna; Madden; Marchant; Maxey; McCall; McClendon; McReynolds; Merritt; Moreno, J.; Morrison; Mowery; Naishtat; Najera; Nixon; Noriega; Oliveira; Olivo; Palmer; Pickett; Pitts; Puente; Ramsay; Rangel; Reyna, A.; Reyna, E.; Ritter; Sadler; Salinas; Seaman; Siebert; Smith; Smithee; Solis, J.; Solis, J. F.; Solomons; Staples; Swinford; Talton; Telford; Thompson; Tillery; Truitt; Turner, B.; Turner, S.; Uher; Uresti; Van de Putte; Walker; West; Williams; Wilson; Wise; Wohlgemuth; Wolens; Woolley; Yarbrough; Zbranek.

Present, not voting - Mr. Speaker(C).

Absent, Excused - Moreno, P.

Absent - Goodman; Hochberg; Shields.

STATEMENT OF VOTE

When Record No. 235 was taken, I was in the house but away from my desk. I would have voted yes.

Shields

SB 1307 ON THIRD READING

(Bosse - House Sponsor)

SB 1307, A bill to be entitled An Act relating to the right of an authorized agent of the Texas Natural Resource Conservation Commission to institute a suit for injunctive relief or a civil penalty for a violation or threat of violation of the law regarding on-site sewage disposal systems.

76th LEGISLATURE - REGULAR SESSION

SB 1307 was passed.

SB 1272 ON THIRD READING

(B. Turner and Keel - House Sponsors)

SB 1272, A bill to be entitled An Act relating to the authority of a political subdivision to prepare and implement a regional habitat conservation plan or habitat conservation plan or to enter into a conservation agreement.

SB 1272 was passed.

GENERAL STATE CALENDAR

SENATE BILLS

SECOND READING

The following bills were laid before the house and read second time:

SB 93 ON SECOND READING

(McCall, Naishtat, et al. - House Sponsors)

SB 93, A bill to be entitled An Act relating to the regulation of assisted living facilities and requiring disclosures by certain other facilities serving persons who are elderly or disabled.

Amendment No. 1 (Committee Amendment No. 1)

Representative Hilderbran offered the following committee amendment to SB 93:

Amend SB 93 as follows: In Sec. 247.026, page 10, delete sub-section (A) and substitute the following language: (A) use its license number or a state-issued facility identification number in all advertisements, solicitations, and promotional materials; and

Amendment No. 1 was adopted without objection.

Amendment No. 2 (Committee Amendment No. 2)

Representative Hilderbran offered the following committee amendment to SB 93:

Amend SB 93 as follows: In Section 247.067, add the language, "licensed vocational nurse" after the word "nurse" on line 6, page 32.

Amendment No. 2 was adopted without objection.

Amendment No. 3 (Committee Amendment No. 3)

On behalf of Representative Uresti, Representative McCall offered the following committee amendment to SB 93:

Amend SB 93 as follows:

(1) In SECTION 1 of the bill, in added Section 247.049(b)(1), Health and Safety Code (Engrossed version, page 23, line 18), strike "apply to the admissibility as evidence" and substitute "bar the admission into evidence".

(2) In SECTION 1 of the bill, in added Section 247.049(b)(2), Health and Safety Code (Engrossed version, page 24, line 2), strike "apply to the admissibility as evidence" and substitute "bar the admission into evidence".

Thursday, May 6, 1999 HOUSE JOURNAL - 67th Day

Amendment No. 3 was adopted without objection.

Amendment No. 4 (Committee Amendment No. 4)

On behalf of Representative Hilderbran, Representative McCall offered the following committee amendment to SB 93:

Amend SB 93 by striking subsection (b), Sec. 247.067. HEALTH CARE PROFESSIONALS, and substituting the following:

(b) A health care professional may provide services within the professional's scope of practice to a resident of an assisted living facility at the facility. This subsection does not authorize a facility to provide ongoing services comparable to the services available in an institution licensed under Chapter 242. A health care professional providing services under this subsection shall maintain medical records of those services in accordance with the licensing, certification, or other regulatory standards applicable to the health care professional under law.

(c) A resident of an assisted living facility has the right to contract with a home and community support service agency licensed under Chapter 142 or with an independent health professional for health care services.

Amendment No. 4 was adopted without objection.

Amendment No. 5 (Committee Amendment No. 5)

Representative Hilderbran offered the following committee amendment to SB 93:

Amend SB 93 as follows: In Sec. 247.021, p. 8, add new subsection (f) No provisional licenses shall be issued after December 31, 1999.

Amendment No. 5 was adopted without objection.

Amendment No. 6

Representative Hilderbran offered the following amendment to SB 93:

Amend SB 93 on page 8 by adding the following to Section 247.021:

(g) Notwithstanding subsection (f), the department may automatically issue a provisional license to a newly constructed facility if:

(1) the facility is in compliance with resident care standards;

(2) all local approvals have been obtained;

(3) a complete license application is submitted within 30 days of receipt of all local approvals; and

(4) the license fee has been paid.

(b) Notwithstanding subsection (f), the department may automatically issue a provisional license in the case of a corporate change of ownership of a facility.

Amendment No. 6 was adopted without objection.

Amendment No. 7

Representative Wohlgemuth offered the following amendment to SB 93:

Amend SB 93 as follows:

On page 43, lines 23-24, as added by SECTION 9, strike "based on the condition of residents occupying a room and whether the living arrangement is an apartment or a non-apartment setting." and insert the following:

76th LEGISLATURE - REGULAR SESSION

"based on the type of service provided in addition to the number of clients occupying a room."

Amendment No. 7 was adopted without objection.

Amendment No. 8

Representative Wohlgemuth offered the following amendment to SB 93:

Amend SB 93 as follows:

In SECTION 1, insert between lines 19 and 20 on page 24 new Section 247.050, Health and Safety Code:

Sec. 247.050. MONITORING OF UNLICENSED FACILITIES; REPORTING. (a) The board shall adopt procedures to monitor the status of unlicensed personal care facilities. As part of these procedures, the department shall:

(1) maintain a registry of all reported unlicensed personal care facilities, for the purpose of periodic follow-up by the field staff in each region; and

(2) prepare a quarterly report that shows the number of:

(A) complaints relating to unlicensed personal care facilities that are received;

(B) complaints that are investigated;

(C) unsubstantiated complaints;

(D) substantiated complaints; and

(E) cases referred to the attorney general.

(b) The attorney general shall prepare a quarterly report that shows:

(1) the number of:

(A) unlicensed personal care facilities referred to the attorney general;

(B) referrals pending;

(C) referrals investigated;

(D) facilities closed; and

(E) operators permanently enjoined from operating an unlicensed personal care facility; and

(2) the amount of civil penalties collected from operators of unlicensed personal care facilities.

(c) The department and the attorney general shall file a copy of the quarterly reports required by this section with the substantive committees of each house of the legislature with jurisdiction over regulation of personal care facilities.

Amendment No. 8 was adopted without objection.

Amendment No. 9

Representative Wohlgemuth offered the following amendment to SB 93:

Amend SB 93 as follows:

In Section 247.027, Health and Safety Code, as added by SECTION 1 of the bill, insert between the period and "In" new "(a)" on line 3, page 14, and insert new subsection (b) following new subsection (a) to read:

(b) The department shall establish an inspection checklist based on the

Thursday, May 6, 1999 HOUSE JOURNAL - 67th Day

minimum standards that describes the matters subject to inspection. The department shall use the inspection checklist in conducting inspections under this section and Section 247.023 (a).

Amendment No. 9 was adopted without objection.

Amendment No. 10

Representative Wohlgemuth offered the following amendment to SB 93:

Amend SB 93 as follows:

In SECTION 1 of the bill, between lines 7 and 8, page 14, insert new Section 247.0275, Health and Safety Code, to read:

Sec. 247.0275. INSPECTION EXIT CONFERENCE. (a) At the conclusion of an inspection under Section 247.023 (a) or Section 247.027, the inspector shall perform an exit conference to advise the assisted living facility of the findings resulting from the inspection.

(b) At the exit conference, the inspector shall provide a copy of the inspection checklist to the assisted living facility and list each violation discovered during the inspection, with specific reference to the standard violated.

(c) If, after the initial exit conference, additional violations are cited, the inspector shall conduct an additional exit conference regarding the newly identified violations.

(d) The assisted living facility shall submit an acceptable plan of correction to the regional director with supervisory authority over the inspector not later than the 10th day after the date of completion of the final exit conference.

Amendment No. 10 was adopted without objection.

Amendment No. 11

Representative Capelo offered the following amendment to SB 93:

Amend SB 93, as engrossed, as follows:

1) Amend subsection (b) of the quoted Section 247.026, Health and Safety Code, of Section 1 of the bill (at p.__,11.__), to read as follows:

"(b) The standards must:

(1) clearly differentiate an assisted living [a personal care ] facility from an institution required to be licensed under Chapter 242;

(2) ensure quality care and protection of the resident's health and safety without excessive cost; [and ]

(3) ensure that the daily nutritional and special dietary needs of each resident are met; and

(4) require an assisted living [a personal care ] facility to:

(A) indicate [use its license number ] in all advertisements, solicitations, and promotional materials that the facility is licensed by the department or that an application for a license is pending before the department; and

(B) provide each prospective resident or prospective resident's representative, as appropriate, with a consumer disclosure statement in standard form adopted by the department."

76th LEGISLATURE - REGULAR SESSION

2) Amend subsection (d) of the quoted Section 247.026, Health and Safety Code, of Section 1 of the bill (at p.__, 11.__) to read as follows:

"(d) The board may prescribe different levels of minimum standards for assisted living [personal care ] facilities according to the number of residents, the type of residents, the level of personal care provided, the nutritional needs of residents, and other distinctions the board considers relevant."

3) Amend subsection (a) the quoted Section 247.067, Health and Safety Code, of Section 1 of the bill (at p.__,11.__) to read as follows:

"Sec. 247.067. HEALTH CARE PROFESSIONALS. (a) In this section, "health care professional" means an individual licensed, certified, or otherwise authorized to administer health care, for profit or otherwise, in the ordinary course of business or professional practice. The term includes a physician, registered nurse, licensed dietitian, and physical therapist."

Amendment No. 11 was adopted without objection.

SB 93, as amended, was passed to third reading. (Shields and Talton recorded voting no)

SB 94 ON SECOND READING

(McCall, Naishtat, et al. - House Sponsors)

SB 94, A bill to be entitled An Act relating to home health services; providing administrative penalties.

Amendment No. 1 (Committee Amendment No. 1)

On behalf of Representative Coleman, Representative McCall offered the following committee amendment to SB 94:

Amend SB 94 by adding the following appropriately numbered section and renumbering the sections of the bill as appropriate:

SECTION ___. Subchapter A, Chapter 142, Health and Safety Code, is amended by adding Section 142.020 to read as follows:

Sec. 142.020. DISPOSAL OF SPECIAL OR MEDICAL WASTE. (a) A home and community support services agency that generates special or medical waste while providing home health services in the client's place of residence or the agency's office location shall comply with the rules of the Texas Department of Health relating to the disposition of special or medical waste.

(b) A home and community support services agency shall provide both verbal and written instructions to the agency's client regarding the proper procedure for disposing of sharps. Sharps include hypodermic needles; hypodermic syringes with attached needles; scalpel blades; razor blades, disposable razors, and disposable scissors used in medical procedures; and intravenous stylets and rigid introducers.

Amendment No. 2

Representative McCall offered the following amendment to Amendment No. 1:

Amend Committee Amendment No. 1 to SB 94, on page 22, lines 7-12, by striking proposed Section 142.020(a), Health and Safety Code, and substituting the following:

Thursday, May 6, 1999 HOUSE JOURNAL - 67th Day

(a) A home and community support services agency that generates special or medical waste while providing home health services shall dispose of the waste in the same manner that the agency disposes of special or medical waste generated in the agency's office location.

Amendment No. 2 was adopted without objection.

Amendment No. 1, as amended, was adopted without objection.

Amendment No. 3 (Committee Amendment No. 2)

On behalf of Representative Coleman, Representative McCall offered the following committee amendment to SB 94:

Amend SB 94, SECTION 3, on page 9, line 22, by inserting after "nurse," and before "or", "occupational therapist".

Amendment No. 3 was adopted without objection.

Amendment No. 4 (Committee Amendment No. 3)

On behalf of Representative Uresti, Representative McCall offered the following committee amendment to SB 94:

Amend SB 94 as follows:

(1) In SECTION 8 of the bill, in added Section 142.0094(b)(1), Health and Safety Code (Engrossed version, page 17, line 7), strike "apply to the admissibility as evidence" and substitute "bar the admission into evidence".

(2) In SECTION 8 of the bill, in added Section 142.0094(b)(2), Health and Safety Code (Engrossed version, page 17, line 19), strike "apply to the admissibility as evidence" and substitute "bar the admission into evidence".

Amendment No. 4 was adopted without objection.

SB 94, as amended, was passed to third reading. (Shields and Talton recorded voting no)

SB 95 ON SECOND READING

(McCall, Naishtat, et al. - House Sponsors)

SB 95, A bill to be entitled An Act relating to studies and strategic plans concerning the delivery of long-term care, community services, and certain health services.

Amendment No. 1 (Committee Amendment No. 1)

On behalf of Representative Hilderbran, Representative McCall offered the following committee amendment to SB 95:

Amend SB 95, SECTION 5, PERSONAL CARE ATTENDANT TRAINING, (a) and (b) to read as follows:

(a) The Texas Department of Human Services, with assistance from the Texas Workforce Commission, the Texas Rehabilitation Commission, the Texas Commission for the Blind, the Texas Commission for the Deaf and hard of Hearing, and the Texas Higher Education Coordinating Board, and providers and consumers of personal attendant services shall review training programs for personal care attendants and develop recommendations for

76th LEGISLATURE - REGULAR SESSION

improvement in those programs.

(b) Not later than December 1, 2000, the Texas Department of Human Services shall submit to the governor and the legislature a report concerning the department's findings and recommendations, including the probable cost of increased training and wages to the Medicaid program.

Amendment No. 1 was adopted without objection.

SB 95, as amended, was passed to third reading.

SB 96 ON SECOND READING

(McCall, Naishtat, et al. - House Sponsors)

SB 96, A bill to be entitled An Act relating to the transfer of licensing, certification, and regulation of home health and community support services agencies.

SB 96 was passed to third reading.

SB 656 ON SECOND READING

(Hilbert - House Sponsor)

SB 656, A bill to be entitled An Act relating to the transfer of certain products containing ephedrine to a person 17 years of age or younger; creating an offense.

SB 656 was passed to third reading.

POSTPONED BUSINESS

The following bills and resolutions were laid before the house as postponed business:

SB 1049 ON SECOND READING

(Naishtat - House Sponsor)

SB 1049, A bill to be entitled An Act relating to venue for certain judicial actions involving intermediate care facilities for the mentally retarded.

SB 1049 was considered in lieu of HB 2911.

SB 1049 was read second time and was passed to third reading.

HB 2911 - LAID ON THE TABLE SUBJECT TO CALL

Representative Naishtat moved to lay HB 2911 on the table subject to call.

The motion prevailed without objection.

CSHB 3252 ON SECOND READING

(by Gray)

CSHB 3252, A bill to be entitled An Act relating to the use of the hotel tax in certain municipalities.

CSHB 3252 was read second time on April 30 and was postponed until 10 a.m. today.

Thursday, May 6, 1999 HOUSE JOURNAL - 67th Day

Representative Gray moved to postpone consideration of CSHB 3252 until 10 a.m. Monday, May 10.

The motion prevailed without objection.

SB 1706 ON SECOND READING

(Thompson - House Sponsor)

SB 1706, A bill to be entitled An Act relating to money paid into the registry of courts in certain populous counties.

SB 1706 was considered in lieu of HB 3305.

SB 1706 was read second time and was passed to third reading.

HB 3305 - LAID ON THE TABLE SUBJECT TO CALL

Representative Thompson moved to lay HB 3305 on the table subject to call.

The motion prevailed without objection.

SB 324 ON SECOND READING

(Thompson - House Sponsor)

SB 324, A bill to be entitled An Act relating to applications for coverage under the market assistance program operated by the Texas Department of Insurance.

SB 324 was considered in lieu of HB 3307.

SB 324 was read second time and was passed to third reading.

HB 3307 - LAID ON THE TABLE SUBJECT TO CALL

Representative Thompson moved to lay HB 3307 on the table subject to call.

The motion prevailed without objection.

CSHB 1910 ON SECOND READING

(by Chisum)

CSHB 1910, A bill to be entitled An Act relating to the disposal or assured isolation of low-level radioactive waste.

CSHB 1910 was read second time on April 30, amended, and was postponed until 10 a.m. today.

Amendment No. 11

Representative Chisum offered the following amendment to CSHB 1910:

Amend CSHB 1910 as follows:

On page 21, line 1, strike the word "may" and restore the word "shall."

Amendment No. 11 was adopted without objection.

Amendment No. 12

Representative Chisum offered the following amendment to CSHB 1910:

Amend CSHB 1910 on page 46, between lines 3 and 4, by adding a new

76th LEGISLATURE - REGULAR SESSION

SECTION 75 to the bill to read as follows and renumbering subsequent SECTIONS of the bill appropriately:

SECTION 75. It is not the intent of the legislature by the passage of this Act to authorize the issuance to a private entity of a license, permit, or other authorization to operate a disposal site or assured isolation site for low-level radioactive waste.

Representative Walker moved to table Amendment No. 12.

A record vote was requested.

The motion to table prevailed by (Record 236): 94 Yeas, 52 Nays, 1 Present, not voting.

Yeas - Alexander; Bonnen; Brown, B.; Brown, F.; Capelo; Christian; Clark; Cook; Counts; Crabb; Craddick; Crownover; Cuellar; Davis, J.; Davis, Y.; Delisi; Denny; Deshotel; Driver; Dutton; Eiland; Ellis; Farrar; Flores; Gallego; Garcia; George; Glaze; Goolsby; Green; Grusendorf; Gutierrez; Haggerty; Hamric; Hardcastle; Hartnett; Hawley; Hilbert; Hilderbran; Hinojosa; Homer; Hope; Howard; Hunter; Hupp; Isett; Janek; Jones, D.; Jones, J.; Junell; Keel; Keffer; King, P.; King, T.; Krusee; Kuempel; Lengefeld; Lewis, G.; Lewis, R.; Madden; Marchant; McCall; McClendon; McReynolds; Merritt; Moreno, J.; Morrison; Mowery; Nixon; Oliveira; Pickett; Pitts; Puente; Ramsay; Rangel; Ritter; Salinas; Seaman; Smith; Smithee; Solis, J.; Solomons; Staples; Telford; Truitt; Turner, B.; Uher; Uresti; Walker; West; Williams; Wohlgemuth; Wolens; Woolley.

Nays - Allen; Alvarado; Averitt; Bailey; Berman; Bosse; Brimer; Burnam; Carter; Chavez; Chisum; Coleman; Corte; Culberson; Danburg; Dukes; Dunnam; Edwards; Ehrhardt; Elkins; Farabee; Giddings; Goodman; Gray; Greenberg; Heflin; Hill; Hochberg; Hodge; Jones, C.; Longoria; Luna; Maxey; Naishtat; Najera; Olivo; Palmer; Reyna, A.; Reyna, E.; Sadler; Shields; Siebert; Solis, J. F.; Swinford; Talton; Tillery; Turner, S.; Van de Putte; Wilson; Wise; Yarbrough; Zbranek.

Present, not voting - Mr. Speaker(C).

Absent, Excused - Moreno, P.

Absent - Noriega; Thompson.

STATEMENTS OF VOTE

I was shown voting yes on Record No. 236. I intended to vote no.

Crabb

I was shown voting yes on Record No. 236. I intended to vote no.

Gallego

When Record No. 236 was taken, I was in the house but away from my desk. I would have voted present, not voting.

Noriega

Thursday, May 6, 1999 HOUSE JOURNAL - 67th Day

Amendment No. 13

Representative Junell offered the following amendment to CSHB 1910:

Amend CSHB 1910 by adding a new SECTION to the bill, appropriately numbered, to read as follows and appropriately renumbering subsequent SECTIONS of the bill:

SECTION ____. Subchapter H, Chapter 402, Health and Safety Code, is amended by adding Section 402.229 to read as follows:

Sec. 402.229. STATE LIABILITY FOR PRIVATE SITE; CONTRACT REQUIREMENTS. (a) The acceptance or storage of low-level waste at a site owned or operated by a private entity does not create any liability under state law on the part of the state or any agency or officer of the state for damages, removal, or remedial action with respect to the land, the facility, or the accepted or stored waste.

(b) A provision requiring the private entity to insure, hold harmless, or indemnify the state for any liability imposed on the state by state or federal law must be included in:

(1) any contract between the state or an agency or officer of the state and a private entity authorizing the private entity to operate a low-level waste site; and

(2) any license or permit issued by the state or by an agency or officer of the state to a private entity authorizing the private entity to operate a low-level waste site.

Amendment No. 13 was adopted without objection.

Amendment No. 14

Representative Chavez offered the following amendment to CSHB 1910:

Amend CSHB 1910 as follows:

(1) On page 1, between lines 4 and 5, insert a new Section 1 to the bill to read as follows:

SECTION 1. Subchapter F, Chapter 401, Health and Safety Code, is amended by adding Section 401.214 to read as follows:

Sec. 401.214. REPORTING LOW-LEVEL RADIOACTIVE WASTE DISPOSAL. (a) On the request of a member of the legislature the department shall report to the legislature the location, character, and amount of low-level radioactive waste stored or disposed of in the state.

(b) The department shall post on the Internet information regarding the location, character, and amount of low-level radioactive waste stored or disposed of in the state and update the information at least annually.

(2) Renumber the subsequent sections of the bill accordingly.

Amendment No. 14 was adopted without objection.

Amendment No. 15

Representative Dukes offered the following amendment to CSHB 1910:

Amend CSHB 1910 by adding a new section to the bill, appropriately numbered, to read as follows, and renumbering subsequent sections of the bill accordingly:

76th LEGISLATURE - REGULAR SESSION

SECTION _____. Subchapter C, Chapter 402, Health and Safety Code, is amended to read as follows:

Sec. 402.0515. RESTRICTIONS ON CONTRACT AND LICENSE FOR PRIVATE DISPOSAL OR ASSURED ISOLATION SITE. If the authority contracts with a private entity for the use of that entity's site for disposal or assured isolation of low-level radioactive waste as authorized by this chapter, both the contract and any license issued to the private entity for the disposal or assured isolation of low-level radioactive waste must prohibit the private entity from accepting low-level radioactive waste that is not subject to the compact. A contract must be competitively bid.

Representative Walker moved to table Amendment No. 15.

The motion to table prevailed. (Gallego recorded voting no)

Amendment No. 16

Representatives B. Turner and Mowery offered the following amendment to CSHB 1910:

Amend CSHB 1910 on page 11, line 4, between "waste" and the bracket, insert "only with the prior written consent of the landowner".

Amendment No. 16 was adopted without objection.

CSHB 1910, as amended, was passed to engrossment. (Danburg, Gallego, and Gray recorded voting no; Noriega, present, not voting)

CSHB 1910 - REASONS FOR VOTE

I voted no on HB 1910 because of my concern about additional radioactive waste being brought into Texas. However, I support those portions of HB 1910 which would allow the state's low-level site to be moved from Hudspeth County.

Gallego

On HB 1910 by Chisum, I recorded present, not voting due to a possible conflict.

Noriega

HJR 85 ON THIRD READING

(by Merritt)

HJR 85, A joint resolution proposing a constitutional amendment to provide that a railroad commissioner is ineligible to become a candidate for another public office during the term for which the railroad commissioner is elected or appointed.

HJR 85 was read third time on April 30, amended once, postponed until May 3, and was again postponed until this time.

Representative Merritt moved to reconsider the vote by which Amendment No. 1 was adopted.

The motion to reconsider prevailed.

Thursday, May 6, 1999 HOUSE JOURNAL - 67th Day

Amendment No. 1 was withdrawn.

Amendment No. 2

Representative Merritt offered the following amendment to HJR 85:

Amend HJR 85 on third reading as follows:

(1) In SECTION 1 of the resolution, in amended Section 30(b), Article XVI, Texas Constitution, strike all the underlined language and substitute the following:

A Commissioner who, more than one year before the expiration of the term for which the Commissioner is elected or appointed, announces candidacy or in fact becomes a candidate in any general, special, or primary election for any other office of profit or trust under the laws of this State or the United States is considered to have resigned the office of Railroad Commissioner. The vacancy created by the automatic resignation shall be filled as provided by this section.

(2) Strike SECTION 2 of the resolution and substitute the following:

SECTION 2. The following temporary provision is added to the Texas Constitution:

TEMPORARY PROVISION. (a) This temporary provision applies to the constitutional amendment proposed by HJR 85, 76th Legislature, Regular Session, 1999, and expires January 2, 2019.

(b) The amendment to Section 30(b), Article XVI, of this constitution made by the constitutional amendment does not apply to a person who is serving as a Railroad Commissioner on November 2, 1999.

SECTION 3. This proposed constitutional amendment shall be submitted to the voters at an election to be held November 2, 1999. The ballot shall be printed to permit voting for or against the proposition: "The constitutional amendment to provide for the automatic resignation of a railroad commissioner who becomes a candidate for another public office more than one year before the end of the term for which the railroad commissioner is elected or appointed."

A record vote was requested.

Amendment No. 2 was adopted by (Record 237): 102 Yeas, 42 Nays, 1 Present, not voting.

Yeas - Alexander; Alvarado; Averitt; Bailey; Bonnen; Bosse; Brimer; Burnam; Capelo; Carter; Chavez; Coleman; Cook; Counts; Cuellar; Culberson; Danburg; Davis, Y.; Delisi; Denny; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Ehrhardt; Eiland; Elkins; Ellis; Farabee; Farrar; Flores; Gallego; Garcia; Giddings; Glaze; Goodman; Gray; Greenberg; Gutierrez; Haggerty; Hamric; Hawley; Hilbert; Hilderbran; Hinojosa; Hochberg; Hodge; Homer; Hunter; Jones, D.; Jones, J.; Junell; Keel; King, P.; King, T.; Kuempel; Lewis, G.; Lewis, R.; Longoria; Luna; Madden; Marchant; Maxey; McCall; McClendon; McReynolds; Merritt; Moreno, J.; Naishtat; Najera; Noriega; Oliveira; Olivo; Pickett; Puente; Ramsay; Rangel; Reyna, A.; Reyna, E.; Ritter; Sadler; Salinas; Smith; Smithee; Solis, J.; Solis, J. F.; Staples; Telford; Tillery; Truitt; Turner, B.; Turner, S.; Uher; Uresti; Van de Putte; Wilson; Wise; Wolens; Yarbrough; Zbranek.

76th LEGISLATURE - REGULAR SESSION

Nays - Allen; Berman; Brown, B.; Brown, F.; Chisum; Christian; Clark; Corte; Crabb; Crownover; Davis, J.; George; Goolsby; Green; Grusendorf; Hardcastle; Hartnett; Heflin; Hill; Hope; Hupp; Isett; Janek; Jones, C.; Keffer; Krusee; Morrison; Mowery; Nixon; Palmer; Pitts; Seaman; Shields; Siebert; Solomons; Swinford; Talton; Walker; West; Williams; Wohlgemuth; Woolley.

Present, not voting - Mr. Speaker(C).

Absent, Excused - Moreno, P.

Absent - Craddick; Howard; Lengefeld; Thompson.

Representative Merritt moved to postpone consideration of HJR 85 until Tuesday, June 1.

The motion prevailed without objection.

HB 954 ON SECOND READING

(by Uher and Bonnen)

HB 954, A bill to be entitled An Act relating to the requirement that a taxing unit proposing to increase the unit's tax rate hold a public hearing on the proposal.

HB 954 was read second time on May 3. Amendment No. 1 was before the house and the bill was postponed until 10 a.m. today.

Amendment No. 1 was withdrawn.

Amendment No. 2

Representative Uher offered the following amendment to HB 954:

Amend HB 954 on page 1, between lines 4 and 5, by inserting the following SECTION, appropriately numbered, and renumbering the subsequent SECTIONS accordingly:

SECTION ____. Section 26.04(e), Tax Code, is amended to read as follows:

(e) By August 7 or as soon thereafter as practicable, the designated officer or employee shall submit the rates to the governing body. He shall deliver by mail to each property owner in the unit or publish in a newspaper in the form prescribed by the comptroller:

(1) the effective tax rate, the rollback tax rate, and an explanation of how they were calculated;

(2) the estimated amount of interest and sinking fund balances and the estimated amount of maintenance and operation or general fund balances remaining at the end of the current fiscal year that are not encumbered with or by corresponding existing debt obligation, except that for a school district, estimated funds necessary for the operation of the district prior to the receipt of the first state education aid payment in the succeeding school year shall be subtracted from the estimated fund balances;

(3) a schedule of the unit's debt obligations showing:

(A) the amount of principal and interest that will be paid to service the unit's debts in the next year from property tax revenue, including payments of lawfully incurred contractual obligations providing security for

Thursday, May 6, 1999 HOUSE JOURNAL - 67th Day

the payment of the principal of and interest on bonds and other evidences of indebtedness issued on behalf of the unit by another political subdivision and, if the unit is created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution, payments on debts that the unit anticipates to incur in the next calendar year;

(B) the amount by which taxes imposed for debt are to be increased because of the unit's anticipated collection rate; and

(C) the total of the amounts listed in Paragraphs (A)-(B), less any amount collected in excess of the previous year's anticipated collections certified as provided in Subsection (b);

(4) the amount of additional sales and use tax revenue anticipated in calculations under Section 26.041;

(5) a statement that the adoption of a tax rate equal to the effective tax rate would result in an increase or decrease, as applicable, in the amount of taxes imposed by the unit as compared to last year's levy, and the amount of the increase or decrease;

(6) in the year that a taxing unit calculates an adjustment under Subsection (i) or (j), [the unit shall publish ] a schedule that includes the following elements:

(A) the name of the unit discontinuing the department, function, or activity;

(B) the amount of property tax revenue spent by the unit listed under Paragraph (A) to operate the discontinued department, function, or activity in the 12 months preceding the month in which the calculations required by this chapter are made; and

(C) the name of the unit that operates a distinct department, function, or activity in all or a majority of the territory of a taxing unit that has discontinued operating the distinct department, function, or activity; and

(7) [(6) ] in the year following the year in which a taxing unit raised its rollback rate as required by Subsection (j), [the taxing unit shall publish ] a schedule that includes the following elements:

(A) the amount of property tax revenue spent by the unit to operate the department, function, or activity for which the taxing unit raised the rollback rate as required by Subsection (j) for the 12 months preceding the month in which the calculations required by this chapter are made; and

(B) the amount published by the unit in the preceding tax year under Subdivision (6)(B) [(5)(B) ].

Amendment No. 2 was adopted without objection.

Amendment No. 3

Representative Smith offered the following amendment to HB 954:

Amend HB 954 as follows:

(1) On page 1, strike lines 7-11 and substitute the following:

(d) The governing body may not adopt a tax rate that exceeds the lower of the rollback tax rate or 103 percent of the effective tax rate calculated as provided by this chapter [if applied to the total taxable value would impose an amount of taxes that exceeds last year's levy ] until the governing body [it ] has held a public hearing on the proposed tax rate and has otherwise

76th LEGISLATURE - REGULAR SESSION

complied with Section 26.06. The governing body of a taxing unit shall reduce a tax rate set by law or by vote of the electorate to the lower of the rollback tax rate or 103 percent of the effective tax rate and may not adopt a higher rate unless it first complies with Section 26.06.

(2) Strike SECTION 2 of the bill (page 1, lines 12-14) and renumber the subsequent SECTIONS of the bill accordingly.

(3) On page 1, line 19, strike "rate".

(4) On page 2, line 2, strike "rate".

(5) On page 2, line 8, strike "RATE".

(6) On page 2, strike lines 9-14 and substitute the following:

""The (name of the taxing unit) will hold a public hearing on a proposal to increase total tax revenues from properties on the tax roll in the preceding year by (percentage by which [taxes to be imposed under ] proposed tax rate exceeds lower of rollback tax rate or effective tax rate calculated under this chapter [exceed last year's levy ]) percent. Your individual taxes may increase at a greater or lesser rate, or even decrease,".

(7) On page 2, strike lines 21 and 22 and substitute the following: "each voted on the proposal to consider the tax increase [in total tax revenues ] or, if one or more were absent, indicating the".

(8) On page 2, line 25, strike "[adopted ]" and substitute "adopted".

(9) On page 3, line 3, strike "[adopted ]" and substitute "adopted".

(10) On page 4, strike lines 7-10 and substitute the following: "hearing the governing body [it ] shall give notice of the meeting at which it will vote on the proposed tax rate [to increase total tax revenues ] and the notice shall be in the same form as prescribed by Subsections (b) and (c), except that it must state the following:".

(11) On page 4, strike lines 13-19 and substitute the following: "a proposal to increase the total tax revenues of the (name of the taxing unit) from properties on the tax roll in the preceding year by (percentage by which [taxes to be imposed under ] proposed tax rate exceeds lower of rollback tax rate or effective tax rate calculated under this chapter [exceed last year's levy ]) percent on (date and time public hearing was conducted).

"The (governing body of the taxing unit) is scheduled to vote on the tax rate that will result in that tax increase at a public".

(12) On page 4, line 21, strike "rate".

(13) Strike page 4, line 27, through page 5, line 5, and substitute the following: "body does not adopt a tax rate that exceeds the lower of the rollback tax rate or 103 percent of the effective tax rate [would impose an amount of taxes that exceeds last year's levy ] by the 14th day, it must give a new notice under Subsection (d) before it may adopt a rate that exceeds the lower of the rollback tax rate or 103 percent of the effective tax rate [would impose an amount of taxes that exceeds last year's levy ]."

(14) On page 5, between lines 5 and 6, insert the following SECTION and renumber the subsequent SECTIONS of the bill accordingly:

SECTION ___. Section 25.19(b), Tax Code, is amended to read as follows:

(b) The chief appraiser shall separate real from personal property and include in the notice for each:

Thursday, May 6, 1999 HOUSE JOURNAL - 67th Day

(1) a list of the taxing units in which the property is taxable;

(2) the appraised value of the property in the preceding year;

(3) the taxable value of the property in the preceding year for each taxing unit taxing the property;

(4) the appraised value of the property for the current year and the kind and amount of each partial exemption, if any, approved for the current year;

(5) if the appraised value is greater than it was in the preceding year:

(A) the effective tax rate that would be announced pursuant to Chapter 26 if the total values being submitted to the appraisal review board were to be approved by the board with an explanation that that rate would raise the same amount of revenue from property taxed in the preceding year as the unit raised for those purposes in the preceding year;

(B) the amount of tax that would be imposed on the property on the basis of the rate described by Paragraph (A); and

(C) a statement that the governing body of the unit may not adopt a rate that will increase tax revenues for operating purposes from properties taxed in [above tax revenues for ] the preceding year without publishing notice in a newspaper that it is considering a tax increase and holding a hearing for taxpayers to discuss the tax increase;

(6) in italic typeface, the following statement: "The Texas Legislature does not set the amount of your local taxes. Your property tax burden is decided by your locally elected officials, and all inquiries concerning your taxes should be directed to those officials";

(7) a detailed explanation of the time and procedure for protesting the value;

(8) the date and place the appraisal review board will begin hearing protests; and

(9) a brief explanation that:

(A) the governing body of each taxing unit decides whether or not taxes on the property will increase and the appraisal district only determines the value of the property; and

(B) a taxpayer who objects to increasing taxes and government expenditures should complain to the governing bodies of the taxing units and only complaints about value should be presented to the appraisal office and the appraisal review board.

Amendment No. 3 was adopted without objection.

Amendment No. 4

Representative Smith offered the following amendment to HB 954:

Amend HB 954 as follows:

(1) On page 5, between lines 5 and 6, insert the following new SECTION in the bill, appropriately numbered, and renumber subsequent SECTIONS of the bill accordingly:

SECTION . Chapter 26, Tax Code, is amended by adding Section 26.065 to read as follows:

Sec. 26.065. SUPPLEMENTAL NOTICE OF HEARING ON TAX RATE INCREASE.

76th LEGISLATURE - REGULAR SESSION

(a) In addition to the notice required under Section 26.06, the governing body of a taxing unit required to hold a public hearing by Section 26.05 (d) shall give notice of the hearing in the manner provided by this section.

(b) If the taxing unit owns, operates, or controls an Internet website, the unit shall post notice of the public hearing on the website continuously for at least seven days immediately before the public hearing on the proposed tax rate increase and at least seven days immediately before the date of the vote proposing the increase in the tax rate.

(c) If the taxing unit has free access to a television channel, the taxing unit shall request that the station carry a 60-second notice of the public hearing at least five times a day between the hours of 7:00AM and 9:00PM for at least seven days immediately before the public hearing on the proposed tax rate increase and at least seven days immediately before the date of the vote proposing the increase in the tax rate.

(d) The notice of the public hearing required by Subsection (b) must contain a statement that is substantially the same as the statement required by Section 26.06 (b) (1) and must contain information that is substantially the same as the information required by Section 26.06 (b) (2).

(e) This section does not apply to a taxing unit if the taxing unit:

(1) is unable to comply with the requirements of this section because of the failure of an electronic or mechanical device, including a computer or server; or

(2) is unable to comply with the requirements of this section due to other circumstances beyond its control.

Representative Uher moved to table Amendment No. 4.

A record vote was requested.

The motion to table prevailed by (Record 238): 74 Yeas, 65 Nays, 1 Present, not voting.

Yeas - Alexander; Allen; Alvarado; Averitt; Bailey; Bonnen; Bosse; Burnam; Capelo; Chavez; Chisum; Cook; Counts; Cuellar; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; Edwards; Ehrhardt; Eiland; Ellis; Farabee; Farrar; Gallego; Glaze; Gray; Greenberg; Gutierrez; Hardcastle; Hawley; Hinojosa; Hochberg; Hodge; Homer; Jones, C.; Jones, D.; Jones, J.; King, T.; Lengefeld; Longoria; Luna; Maxey; McClendon; McReynolds; Moreno, J.; Najera; Noriega; Olivo; Pickett; Pitts; Puente; Rangel; Reyna, A.; Ritter; Salinas; Smithee; Solis, J.; Solis, J. F.; Swinford; Telford; Thompson; Tillery; Truitt; Turner, B.; Turner, S.; Uher; Uresti; Walker; Wilson; Wise; Yarbrough; Zbranek.

Nays - Berman; Brimer; Brown, B.; Brown, F.; Carter; Christian; Clark; Crabb; Craddick; Crownover; Culberson; Davis, J.; Delisi; Denny; Driver; Elkins; Flores; Garcia; George; Goodman; Goolsby; Grusendorf; Haggerty; Hamric; Hartnett; Heflin; Hilbert; Hilderbran; Hill; Hope; Hunter; Hupp; Isett; Janek; Keel; Keffer; King, P.; Krusee; Kuempel; Lewis, G.; Lewis, R.; Madden; Marchant; McCall; Merritt; Morrison; Mowery; Nixon; Oliveira; Palmer; Ramsay; Reyna, E.; Sadler; Seaman; Shields; Siebert; Smith; Solomons; Staples; Talton; Van de Putte; West; Williams; Wohlgemuth; Woolley.

Thursday, May 6, 1999 HOUSE JOURNAL - 67th Day

Present, not voting - Mr. Speaker(C).

Absent, Excused - Moreno, P.

Absent - Coleman; Corte; Danburg; Giddings; Green; Howard; Junell; Naishtat; Wolens.

STATEMENTS OF VOTE

I was shown voting yes on Record No. 238. I intended to vote no.

Allen

I was shown voting yes on Record No. 238. I intended to vote no.

Truitt

A record vote was requested.

The vote of the house was taken on HB 954 and the vote was announced yeas 68, nays 71.

A verification of the vote was requested and was granted.

The roll of those voting nay was again called and the verified vote resulted, as follows (Record 239): 69 Yeas, 71 Nays, 1 Present, not voting.

Yeas - Alvarado; Bonnen; Burnam; Capelo; Carter; Chavez; Coleman; Cook; Counts; Cuellar; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; Edwards; Ehrhardt; Eiland; Farabee; Farrar; Flores; Gallego; Glaze; Goodman; Greenberg; Gutierrez; Hardcastle; Hawley; Hinojosa; Hochberg; Homer; Hunter; Jones, C.; Jones, J.; King, T.; Lengefeld; Lewis, G.; Lewis, R.; Longoria; Luna; Madden; Maxey; McCall; McClendon; McReynolds; Merritt; Moreno, J.; Naishtat; Najera; Noriega; Olivo; Pickett; Pitts; Rangel; Reyna, A.; Sadler; Salinas; Smith; Solis, J.; Solis, J. F.; Telford; Truitt; Turner, B.; Uher; Uresti; Van de Putte; Walker; Wilson; Zbranek.

Nays - Allen; Bailey; Berman; Bosse; Brimer; Brown, B.; Brown, F.; Chisum; Christian; Clark; Corte; Crabb; Craddick; Crownover; Culberson; Danburg; Davis, J.; Delisi; Denny; Driver; Elkins; Ellis; Garcia; George; Goolsby; Gray; Green; Grusendorf; Haggerty; Hamric; Hartnett; Heflin; Hilbert; Hilderbran; Hill; Hodge; Hope; Howard; Hupp; Isett; Janek; Keel; Keffer; King, P.; Krusee; Kuempel; Marchant; Morrison; Mowery; Nixon; Palmer; Puente; Ramsay; Reyna, E.; Ritter; Seaman; Shields; Siebert; Smithee; Solomons; Staples; Swinford; Talton; Thompson; Tillery; Turner, S.; West; Williams; Wohlgemuth; Woolley; Yarbrough.

Present, not voting - Mr. Speaker(C).

Absent, Excused - Moreno, P.

Absent - Alexander; Averitt; Giddings; Jones, D.; Junell; Oliveira; Wise; Wolens.

By unanimous consent, the house dispensed with the verification of those voting yea.

The speaker stated that HB 954 failed to pass to engrossment by the above vote.

76th LEGISLATURE - REGULAR SESSION

STATEMENTS OF VOTE

I was shown voting yes on Record No. 239. I intended to vote no.

Hawley

I was shown voting yes on Record No. 239. I intended to vote no.

Pickett

When Record No. 239 was taken, I would have voted no.

Wolens

MESSAGE FROM THE SENATE

A message from the senate was received at this time (see the addendum to the daily journal, Messages from the Senate, Message No. 3).

CSHB 2883 ON SECOND READING

(by Bailey)

CSHB 2883, A bill to be entitled An Act relating to contracts between podiatrists and health care plans.

CSHB 2883 was read second time on May 5 and was postponed until 10 a.m. today.

Representative Bailey moved to postpone consideration of CSHB 2883 until 10 a.m. Monday, May 10.

The motion prevailed without objection.

MAJOR STATE CALENDAR

HOUSE BILLS

THIRD READING

The following bills were laid before the house and read third time:

HB 1398 ON THIRD READING

(by Coleman, Farabee, et al.)

HB 1398, A bill to be entitled An Act relating to indigent health care.

HB 1398 was passed. (P. King recorded voting no)

HB 1516 ON THIRD READING

(by Gallego)

HB 1516, A bill to be entitled An Act relating to the representation of applicants for writs of habeas corpus in capital cases.

Amendment No. 1

Representative Gallego offered the following amendment to HB 1516:

Amend HB 1516 on 3rd Reading, in SECTION 2, in added Section 2A, Article 11.071, Code of Criminal Procedure, by adding Subsection (c) to read as follows:

(c) The limitation imposed by this section on the reimbursement by the state to a county for compensation of counsel and payment of reasonable

Thursday, May 6, 1999 HOUSE JOURNAL - 67th Day

expenses does not prohibit a county from compensating counsel and reimbursing expenses in an amount that is in excess of the amount the county receives from the state as reimbursement, and a county is specifically granted discretion by this subsection to make payments in excess of the state reimbursement.

Amendment No. 1 was adopted without objection.

HB 1516, as amended, was passed.

HB 211 ON THIRD READING

(by Hochberg)

HB 211, A bill to be entitled An Act relating to compliance by school districts and open-enrollment charter schools with the public information law and the open meetings law.

Amendment No. 1

Representative Dunnam offered the following amendment to HB 211:

Amend HB 211, second reading engrossment, as follows:

(1) On page 1, between lines 13 and 14, insert the following:

SECTION 2. Section 12.111, Education Code, is amended to read as follows:

Sec. 12.111. CONTENT. Each charter granted under this subchapter must:

(1) describe the educational program to be offered, which must include the required curriculum as provided by Section 28.002;

(2) specify the period for which the charter or charter renewal is valid;

(3) provide that continuation or renewal of the charter is contingent on acceptable student performance on assessment instruments adopted under Subchapter B, Chapter 39, and on compliance with any accountability provision specified by the charter, by a deadline or at intervals specified by the charter;

(4) establish the level of student performance that is considered acceptable for purposes of Subdivision (3);

(5) specify any basis, in addition to a basis specified by this subchapter, on which the charter may be placed on probation or revoked or on which renewal of the charter may be denied;

(6) prohibit discrimination in admission policy on the basis of sex, national origin, ethnicity, religion, disability, academic or athletic ability, or the district the child would otherwise attend in accordance with this code, although the charter may provide for the exclusion of a student who has a documented history of a criminal offense, a juvenile court adjudication, or discipline problems under Subchapter A, Chapter 37;

(7) specify the grade levels to be offered;

(8) describe the governing structure of the program, including:

(A) the officer positions designated;

(B) the manner in which officers are selected and removed from office;

(C) the manner in which members of the governing body are selected and removed from office;

76th LEGISLATURE - REGULAR SESSION

(D) the manner in which vacancies on the governing board are filled;

(E) the term for which members of the governing body serve; and

(F) whether the terms are to be staggered;

(9) specify the qualifications to be met by professional employees of the program;

(10) describe the process by which the person providing the program will adopt an annual budget;

(11) describe the manner in which an annual audit of the financial land programmatic operations of the program is to conducted, including the manner in which the person providing the program will provide information necessary for the school district in which the program is located to participate, as required by this code or by State Board of Education rule, in the Public Education Information Management System (PEIMS);

(12) describe the facilities to be used;

(13) describe the geographical area served by the program; and

(14) specify any type of enrollment criteria to be used.

SECTION 3. Subchapter D, Chapter 12, Education Code, is amended by adding Section 12.119 and 12.120 to read as follows:

Sec. 12.119. BYLAWS; ANNUAL REPORT. (a) The entity to which a charter is granted for an open-enrollment charter school shall file with the State Board of Education a copy of its bylaws, or a comparable document if the entity does not have bylaws, within the period and in the manner prescribed by the board.

(b) Each year within the period and in a form prescribed by the State Board of Education, each open-enrollment charter school shall file with the board the following information:

(1) the name, address, and telephone number of each officer and member of the governing body of the open-enrollment charter school; and

(2) the amount of annual compensation the open-enrollment charter school pays to each officer and member of the governing body.

(c) On request, the State Board of Education shall provide the information required by this section and Section 12.111(8) to a member of the public. The board may charge a reasonable fee to cover the board's cost in providing the information.

Sec. 12.120. LIMITATION ON SERVING AS OFFICER OR EMPLOYEE. A person who has been convicted of a felony or a misdemeanor involving moral turpitude may not serve as an officer or member of the governing body of an open-enrollment charter school.

(2) On page 1, line 14, strike "SECTION 2." and substitute "SECTION 4.".

(3) On page 2, line 12, strike "SECTION 3." and substitute "SECTION 5.".

(4) On page 2, line 26, strike "SECTION 4." and substitute "SECTION 6.".

(5) On page 3, line 2, strike "SECTION 5." and substitute "SECTION 7."

(6) On page 3, between lines 11 and 12, insert the following:

Thursday, May 6, 1999 HOUSE JOURNAL - 67th Day

SECTION 8. (a) Each open-enrollment charter school for which a charter is granted before September 1, 1999, shall revise its charter as necessary to comply with Section 12.111, Education Code, as amended by this Act, not later than January 1, 2000.

(b) The entity to which a charter for an open-enrollment charter school is granted before September 1, 1999, shall file a copy of its bylaws or other document as required by Section 12.119(a), Education Code, as added by this Act, not later than January 1, 2000.

(7) On page 3, line 12, strike "SECTION 6." and substitute "SECTION 9.".

Amendment No. 1 was adopted without objection.

A record vote was requested.

HB 211, as amended, was passed by (Record 240): 117 Yeas, 21 Nays, 1 Present, not voting.

Yeas - Alexander; Allen; Alvarado; Averitt; Bailey; Bonnen; Bosse; Brimer; Brown, B.; Brown, F.; Burnam; Capelo; Carter; Chavez; Coleman; Cook; Counts; Cuellar; Danburg; Davis, J.; Davis, Y.; Delisi; Denny; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Ehrhardt; Eiland; Ellis; Farrar; Flores; Gallego; Garcia; George; Giddings; Glaze; Goodman; Goolsby; Gray; Green; Greenberg; Gutierrez; Haggerty; Hardcastle; Hawley; Hilderbran; Hinojosa; Hochberg; Hodge; Homer; Hunter; Janek; Jones, C.; Jones, D.; Jones, J.; Junell; Keel; King, P.; King, T.; Krusee; Kuempel; Lengefeld; Lewis, G.; Lewis, R.; Longoria; Luna; Marchant; Maxey; McClendon; McReynolds; Moreno, J.; Morrison; Naishtat; Najera; Nixon; Noriega; Oliveira; Olivo; Palmer; Pickett; Pitts; Puente; Ramsay; Rangel; Reyna, A.; Reyna, E.; Ritter; Sadler; Salinas; Seaman; Shields; Siebert; Smith; Solis, J.; Solis, J. F.; Solomons; Staples; Talton; Telford; Thompson; Tillery; Truitt; Turner, B.; Turner, S.; Uher; Uresti; Van de Putte; Walker; West; Wilson; Wohlgemuth; Wolens; Yarbrough; Zbranek.

Nays - Berman; Chisum; Clark; Crabb; Craddick; Culberson; Elkins; Hamric; Hartnett; Heflin; Hilbert; Hill; Hope; Howard; Hupp; Isett; Madden; McCall; Merritt; Mowery; Swinford.

Present, not voting - Mr. Speaker(C).

Absent, Excused - Moreno, P.

Absent - Christian; Corte; Crownover; Farabee; Grusendorf; Keffer; Smithee; Williams; Wise; Woolley.

STATEMENTS OF VOTE

When Record No. 240 was taken, I was in the house but away from my desk. I would have voted yes.

Christian

I was shown voting no on Record No. 240. I intended to vote yes.

Clark

76th LEGISLATURE - REGULAR SESSION

When Record No. 240 was taken, I was in the house but away from my desk. I would have voted yes.

Crownover

When Record No. 240 was taken, I was in the house but away from my desk. I would have voted yes.

Farabee

I was shown voting no on Record No. 240. I intended to vote yes.

Hope

I was shown voting yes on Record No. 240. I intended to vote no.

C. Jones

When Record No. 240 was taken, I was in the house but away from my desk. I would have voted yes.

Keffer

I was shown voting yes on Record No. 240. I intended to vote no.

Kuempel

MAJOR STATE CALENDAR

HOUSE BILLS

SECOND READING

The following bills were laid before the house and read second time:

CSHB 2371 ON SECOND READING

(by Gutierrez, Craddick, Hilderbran, Cuellar, et al.)

CSHB 2371, A bill to be entitled An Act relating to exempting diapers from the sales tax.

Amendment No. 1

Representatives Gutierrez and Oliveira offered the following amendment to CSHB 2371:

Amend CSHB 2371 (House committee report) by striking SECTION 1 of the bill on page 1, line 4, through page 2, line 16, and substituting the following:

SECTION 1. Section 151.313, Tax Code, is amended by adding Subsection (c) to read as follows:

(c) In addition to the items listed in Subsection (a), a diaper other than a diaper purchased, sold, or used by a diaper service is exempted from the taxes imposed by this chapter. This subsection expires on the second anniversary of its effective date.

Representative Nixon raised a point of order against further consideration of Amendment No.1by Gutierrez and Oliveira under Rule 11, Section 1 of the House Rules on the grounds that the amendment is in effect a complete substitute and therefore is not in order under the cited section of the rules.

The point of order was withdrawn.

Thursday, May 6, 1999 HOUSE JOURNAL - 67th Day

A record vote was requested.

The vote of the house was taken on Amendment No. 1 and the vote was announced yeas 72, nays 73.

A verification of the vote was requested and was granted.

The roll of those voting yea and nay was again called and the verified vote resulted, as follows (Record 241): 72 Yeas, 73 Nays, 1 Present, not voting.

Yeas - Alexander; Alvarado; Bailey; Bosse; Burnam; Capelo; Chavez; Coleman; Cook; Counts; Cuellar; Danburg; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; Edwards; Ehrhardt; Eiland; Ellis; Farabee; Farrar; Flores; Gallego; Giddings; Glaze; Goolsby; Gray; Greenberg; Gutierrez; Hawley; Hochberg; Hodge; Homer; Jones, J.; Junell; King, T.; Lengefeld; Lewis, G.; Luna; Maxey; McCall; McClendon; McReynolds; Moreno, J.; Naishtat; Najera; Noriega; Oliveira; Olivo; Pickett; Puente; Rangel; Reyna, A.; Ritter; Sadler; Salinas; Solis, J.; Solis, J. F.; Telford; Thompson; Tillery; Turner, B.; Turner, S.; Uher; Uresti; Van de Putte; Wise; Wolens; Yarbrough; Zbranek.

Nays - Allen; Averitt; Berman; Bonnen; Brimer; Brown, B.; Brown, F.; Carter; Chisum; Christian; Clark; Crabb; Craddick; Crownover; Culberson; Davis, J.; Delisi; Denny; Driver; Elkins; Garcia; George; Goodman; Green; Grusendorf; Haggerty; Hamric; Hardcastle; Hartnett; Heflin; Hilbert; Hilderbran; Hill; Hinojosa; Hope; Howard; Hunter; Hupp; Isett; Janek; Jones, C.; Keel; Keffer; King, P.; Krusee; Kuempel; Lewis, R.; Longoria; Madden; Marchant; Merritt; Morrison; Mowery; Nixon; Palmer; Pitts; Ramsay; Reyna, E.; Seaman; Shields; Siebert; Smith; Smithee; Solomons; Staples; Swinford; Talton; Truitt; Walker; West; Williams; Wohlgemuth; Woolley.

Present, not voting - Mr. Speaker(C).

Absent, Excused - Moreno, P.

Absent - Corte; Jones, D.; Wilson.

The speaker stated that Amendment No. 1 failed of adoption by the above vote.

STATEMENTS OF VOTE

When Record No. 241 was taken, I was temporarily out of the house chamber. I would have voted no.

Corte

When Record No. 241 was taken, I would have voted yes.

Wilson

Amendment No. 2

Representatives Gutierrez and Oliveira offered the following amendment to CSHB 2371:

Amend CSHB 2371 (House committee report) on page 2, between lines 16 and 17, by inserting a new SECTION to read as follows and renumbering all subsequent SECTIONS appropriately:

76th LEGISLATURE - REGULAR SESSION

SECTION 2. (a) Notwithstanding any other provision of this Act, the governing body of a local taxing authority that imposes a local sales and use tax may repeal an exemption to that tax authorized by this Act if the governing body finds by an appropriate order, including an ordinance, that the exemption would materially impair the obligation of any contract existing at the time this Act goes into effect and to which the local taxing authority is a party.

(b) The secretary of the local taxing authority adopting an order under this section shall send to the comptroller by certified or registered mail a copy of the order.

(c) The repeal of the exemption takes effect on the first day of the month following the expiration of the calendar quarter occurring after the date on which the comptroller receives a copy of the order.

Amendment No. 2 was adopted without objection.

CSHB 2371, as amended, was passed to engrossment.

POSTPONED BUSINESS

The following bills were laid before the house as postponed business:

SB 130 ON THIRD READING

(Smithee - House Sponsor)

SB 130, A bill to be entitled An Act relating to certain unfair practices by insurers and certain related entities regarding preferred providers of health care.

SB 130 was read third time earlier today and was postponed until this time.

Amendment No. 1

Representative Smithee offered the following amendment to SB 130:

Amend SB 130, on third reading, in SECTION 1 of the bill, in Subsection (b), Section 7A, Article 3.70-3C, Insurance Code, as added by Chapter 1024, Acts of the 75th Legislature, Regular Session, 1997, in the second sentence, by striking "commissioner's authority" and substituting "authority of the commissioner or the Texas Workers' Compensation Commission".

Amendment No. 1 was adopted without objection.

Amendment No. 2

Representative Smithee offered the following amendment to SB 130:

Amend SB 130 on 3rd reading as follows:

Delete SECTION 2 as added by second reading Amendment No. 1.

Amendment No. 2 was adopted without objection.

SB 130, as amended, was passed.

Thursday, May 6, 1999 HOUSE JOURNAL - 67th Day

MAJOR STATE CALENDAR

(consideration continued)

The following bills were laid before the house and read third time:

CSHB 2372 ON SECOND READING

(by Gutierrez, Craddick, Hilderbran, Cuellar, et al.)

CSHB 2372, A bill to be entitled An Act relating to exempting certain drugs and medicines from the sales tax.

Amendment No. 1

Representatives Gutierrez and Oliveira offered the following amendment to CSHB 2372:

Amend CSHB 2372 (House committee report) on page 2, between lines 23 and 24, by inserting a new SECTION to read as follows and renumbering all subsequent SECTIONS appropriately:

SECTION 2. (a) Notwithstanding any other provision of this Act, the governing body of a local taxing authority that imposes a local sales and use tax may repeal an exemption to that tax authorized by this Act if the governing body finds by an appropriate order, including an ordinance, that the exemption would materially impair the obligation of any contract existing at the time this Act goes into effect and to which the local taxing authority is a party.

(b) The secretary of the local taxing authority adopting an order under this section shall send to the comptroller by certified or registered mail a copy of the order.

(c) The repeal of the exemption takes effect on the first day of the month following the expiration of the calendar quarter occurring after the date on which the comptroller receives a copy of the order.

Amendment No. 1 was adopted without objection.

Amendment No. 2

Representative Gutierrez offered the following amendment to CSHB 2372:

Amend CSHB 2372 (House committee report) on page 1, by striking lines 18-19 and substituting:

(B) is either:

(1) specifically formulated and labeled for children 12 years of age or younger; or

(2) purchased by an individual 65 years of age or older; with proper identification;

Amendment No. 2 was adopted without objection.

Amendment No. 3

Representative Craddick offered the following amendment to CSHB 2372:

Amend CSHB 2372 (House committee report) on page 1, by striking lines 15-19 and substituting: "healing arts, that is labeled with a national drug code issued by the federal Food and Drug Administration;".

76th LEGISLATURE - REGULAR SESSION

Representative Van de Putte moved to table Amendment No. 3.

A record vote was requested.

The motion to table was lost by (Record 242): 67 Yeas, 77 Nays, 1 Present, not voting.

Yeas - Alexander; Alvarado; Burnam; Capelo; Chavez; Coleman; Cook; Counts; Cuellar; Deshotel; Dukes; Dunnam; Dutton; Edwards; Eiland; Ellis; Farabee; Farrar; Flores; Gallego; Garcia; Glaze; Gray; Greenberg; Gutierrez; Hawley; Hinojosa; Hochberg; Hodge; Homer; Junell; Keffer; King, T.; Lengefeld; Lewis, G.; Lewis, R.; Longoria; Maxey; McCall; McClendon; McReynolds; Moreno, J.; Naishtat; Najera; Noriega; Oliveira; Olivo; Pickett; Puente; Ramsay; Rangel; Reyna, A.; Ritter; Sadler; Salinas; Solis, J.; Solis, J. F.; Telford; Thompson; Turner, B.; Uher; Uresti; Van de Putte; Wilson; Wise; Wolens; Zbranek.

Nays - Allen; Averitt; Bailey; Berman; Bonnen; Bosse; Brimer; Brown, B.; Brown, F.; Carter; Chisum; Christian; Clark; Corte; Crabb; Craddick; Crownover; Culberson; Davis, J.; Davis, Y.; Delisi; Denny; Driver; Ehrhardt; Elkins; George; Giddings; Goodman; Goolsby; Green; Grusendorf; Hamric; Hardcastle; Hartnett; Heflin; Hilbert; Hilderbran; Hill; Hope; Howard; Hunter; Hupp; Isett; Janek; Jones, C.; Keel; King, P.; Krusee; Kuempel; Luna; Madden; Marchant; Merritt; Morrison; Mowery; Nixon; Palmer; Pitts; Reyna, E.; Seaman; Shields; Siebert; Smith; Smithee; Solomons; Staples; Swinford; Talton; Tillery; Truitt; Turner, S.; Walker; West; Williams; Wohlgemuth; Woolley; Yarbrough.

Present, not voting - Mr. Speaker(C).

Absent, Excused - Moreno, P.

Absent - Danburg; Haggerty; Jones, D.; Jones, J.

A record vote was requested.

Amendment No. 3 was adopted by (Record 243): 145 Yeas, 0 Nays, 1 Present, not voting.

Yeas - Alexander; Allen; Alvarado; Averitt; Bailey; Berman; Bonnen; Bosse; Brimer; Brown, B.; Brown, F.; Burnam; Capelo; Carter; Chavez; Chisum; Christian; Clark; Coleman; Cook; Corte; Counts; Crabb; Craddick; Crownover; Cuellar; Culberson; Danburg; Davis, J.; Davis, Y.; Delisi; Denny; Driver; Dukes; Dunnam; Dutton; Edwards; Ehrhardt; Eiland; Elkins; Ellis; Farabee; Farrar; Flores; Gallego; Garcia; George; Giddings; Glaze; Goodman; Goolsby; Gray; Green; Greenberg; Grusendorf; Gutierrez; Haggerty; Hamric; Hardcastle; Hartnett; Hawley; Heflin; Hilbert; Hilderbran; Hill; Hinojosa; Hochberg; Hodge; Homer; Hope; Howard; Hunter; Hupp; Isett; Janek; Jones, C.; Jones, D.; Jones, J.; Junell; Keel; Keffer; King, P.; King, T.; Krusee; Kuempel; Lengefeld; Lewis, G.; Lewis, R.; Longoria; Luna; Madden; Marchant; Maxey; McCall; McClendon; McReynolds; Merritt; Moreno, J.; Morrison; Mowery; Naishtat; Najera; Nixon; Noriega; Oliveira; Olivo; Palmer; Pickett; Pitts; Puente; Ramsay; Rangel; Reyna, A.; Reyna, E.; Ritter; Sadler; Salinas; Shields; Siebert; Smith; Smithee; Solis, J.; Solis, J. F.; Solomons;

Thursday, May 6, 1999 HOUSE JOURNAL - 67th Day

Staples; Swinford; Talton; Telford; Thompson; Tillery; Truitt; Turner, B.; Turner, S.; Uher; Uresti; Van de Putte; Walker; West; Williams; Wilson; Wise; Wohlgemuth; Woolley; Yarbrough; Zbranek.

Present, not voting - Mr. Speaker(C).

Absent, Excused - Moreno, P.

Absent - Deshotel; Seaman; Wolens.

STATEMENT OF VOTE

When Record No. 243 was taken, I was in the house but away from my desk. I would have voted yes.

Deshotel

Amendment No. 4

Representative Isett offered the following amendment to CSHB 2372:

Amend CSHB 2372 (House committee report) as follows:

(1) On page 2, line 22, strike "and" and substitute "[and ]".

(2) On page 2, line 23, between "beds" and the period, insert:

; and

(12) blood glucose monitoring test strips

Amendment No. 4 was adopted without objection.

CSHB 2372, as amended, was passed to engrossment.

CSHB 2280 ON SECOND READING

(by Dutton, Maxey, Dukes, et al.)

CSHB 2280, A bill to be entitled An Act relating to a sales tax exemption for clothing and footwear.

CSHB 2280 - MOTION TO RECOMMIT

Representative Dutton moved to recommit CSHB 2280 to the Committee on Ways and Means.

A record vote was requested.

The vote of the house was taken on the motion to recommit CSHB 2280 to the Committee on Ways and Means and the vote was announced yeas 74, nays 71.

A verification of the vote was requested and was granted.

The roll of those voting yea and nay was again called and the verified vote resulted, as follows (Record 244): 74 Yeas, 71 Nays, 1 Present, not voting.

Yeas - Alexander; Alvarado; Bailey; Bosse; Burnam; Capelo; Chavez; Coleman; Cook; Counts; Cuellar; Danburg; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; Edwards; Ehrhardt; Eiland; Ellis; Farabee; Farrar; Flores; Gallego; Garcia; Giddings; Glaze; Gray; Greenberg; Gutierrez; Hawley; Hinojosa; Hochberg; Hodge; Homer; Jones, J.; Junell; King, T.; Lengefeld;

76th LEGISLATURE - REGULAR SESSION

Lewis, G.; Lewis, R.; Longoria; Luna; Maxey; McClendon; McReynolds; Moreno, J.; Naishtat; Najera; Noriega; Oliveira; Olivo; Pickett; Puente; Ramsay; Rangel; Reyna, A.; Ritter; Sadler; Salinas; Solis, J.; Solis, J. F.; Telford; Thompson; Tillery; Turner, B.; Uher; Uresti; Van de Putte; Wilson; Wise; Yarbrough; Zbranek.

Nays - Allen; Averitt; Berman; Bonnen; Brimer; Brown, B.; Brown, F.; Carter; Chisum; Christian; Clark; Corte; Crabb; Craddick; Crownover; Culberson; Davis, J.; Delisi; Denny; Driver; Elkins; George; Goodman; Goolsby; Green; Grusendorf; Hamric; Hardcastle; Hartnett; Heflin; Hilbert; Hilderbran; Hill; Hope; Howard; Hunter; Hupp; Isett; Janek; Jones, C.; Keel; Keffer; King, P.; Krusee; Kuempel; Madden; Marchant; McCall; Merritt; Morrison; Mowery; Nixon; Palmer; Pitts; Reyna, E.; Seaman; Shields; Siebert; Smith; Smithee; Solomons; Staples; Swinford; Talton; Truitt; Turner, S.; Walker; West; Williams; Wohlgemuth; Woolley.

Present, not voting - Mr. Speaker(C).

Absent, Excused - Moreno, P.

Absent - Haggerty; Jones, D.; Wolens.

The speaker stated that the motion to recommit prevailed by the above vote.

CSHB 209 ON SECOND READING

(by Cuellar, Gutierrez, Craddick, Hilderbran, Flores, et al.)

CSHB 209, A bill to be entitled An Act relating to exempting the purchase of certain school supplies from the sales tax.

Amendment No. 1

Representative Oliveira offered the following amendment to CSHB 209:

Amend CSHB 209 (House committee report) by striking all below the enacting clause and substituting the following:

SECTION 1. Subchapter H, Chapter 151, Tax Code, is amended by adding Section 151.326 to read as follows:

Sec. 151.326. SCHOOL SUPPLIES BEFORE START OF SCHOOL. (a) The sale or storage, use, or other consumption of a school supply is exempted from the taxes imposed by this chapter if the school supply is purchased:

(1) for use by a student in a class in a public or private elementary or secondary school;

(2) during August; and

(3) for a sales price of less than $25 per item.

(b) For purposes of this exemption, "school supply" means:

(1) crayons;

(2) scissors;

(3) glue, paste, and glue sticks;

(4) pencils;

(5) pens;

(6) erasers;

Thursday, May 6, 1999 HOUSE JOURNAL - 67th Day

(7) rulers;

(8) markers;

(9) highlighters;

(10) paper, including loose-leaf ruled notebook paper, copy paper, graph paper, tracing paper, manila paper, colored paper, poster board, and construction paper;

(11) writing tablets;

(12) spiral notebooks;

(13) bound composition notebooks;

(14) pocket folders;

(15) plastic folders;

(16) expandable portfolios;

(17) manila folders;

(18) three-ring binders that are three inches or less in capacity;

(19) zipper pencil bags;

(20) school supply boxes;

(21) clipboards;

(22) index cards;

(23) index card boxes;

(24) calculators;

(25) protractors;

(26) compasses;

(27) music notebooks;

(28) sketch or drawing pads;

(29) paintbrushes;

(30) watercolors;

(31) acrylic, tempera, or oil paints;

(32) tape, including masking tape and scotch tape;

(33) clay and glazes;

(34) pencil sharpeners;

(35) thesauruses; and

(36) dictionaries.

(c) A retailer is not required to obtain an exemption certificate stating that the school supplies are purchased for use by a student in a class in a public or private elementary or secondary school unless the supplies are purchased in a quantity that indicates that the supplies are not purchased for use by a student in a class in a public or private elementary or secondary school.

SECTION 2. (a) Notwithstanding any other provision of this Act, the governing body of a local taxing authority that imposes a local sales and use tax may repeal an exemption to that tax authorized by this Act if the governing body finds by an appropriate order, including an ordinance, that the exemption would materially impair the obligation of any contract existing at the time this Act goes into effect and to which the local taxing authority is a party.

(b) The secretary of the local taxing authority adopting an order under this section shall send to the comptroller by certified or registered mail a copy of the order.

76th LEGISLATURE - REGULAR SESSION

(c) The repeal of the exemption takes effect on the first day of the month following the expiration of the calendar quarter occurring after the date on which the comptroller receives a copy of the order.

SECTION 3. (a) This Act takes effect on the first day of the first calendar quarter beginning on or after the date that it may take effect under Section 39, Article III, Texas Constitution.

(b) The change in law made by this Act does not affect taxes imposed before the effective date of this Act, and the law in effect before the effective date of this Act is continued in effect for purposes of the liability for and collection of those taxes.

SECTION 4. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended, and that this Act take effect and be in force according to its terms, and it is so enacted.

Amendment No. 2

Representative Howard offered the following amendment to Amendment No. 1:

Amend the proposed floor substitute to CSHB 209 as follows:

(1) On page 1 line 5 between "SUPPLIES" and "BEFORE" insert ", TEXTBOOKS, BOOKS AND OTHER INSTRUCTIONAL MATERIALS"

(2) On page 1 line 10 between "school" and ";" insert ", including textbooks, books and other instructional materials".

(3) On page 1 line 12 strike "$25" and insert "$75"

Amendment No. 2 was adopted without objection.

Amendment No. 1, as amended, was adopted without objection.

CSHB 209, as amended, was passed to engrossment.

CSHB 551 ON SECOND READING

(by Goolsby, Oliveira, et al.)

CSHB 551, A bill to be entitled An Act relating to exempting certain small corporations from the franchise tax and to the reporting requirements for those corporations.

Amendment No. 1

Representatives J. Davis, Isett, and Culberson offered the following amendment to CSHB 551:

Amend CSHB 551 (Committee printing) as follows:

(1) On page 1, line 16, strike "$100,000" and substitute "$250,000".

(2) On page 1, line 19, strike "$100,000" and substitute "$250,000".

A record vote was requested.

Amendment No. 1 was adopted by (Record 245): 147 Yeas, 0 Nays, 1 Present, not voting.

Thursday, May 6, 1999 HOUSE JOURNAL - 67th Day

Yeas - Alexander; Allen; Alvarado; Averitt; Bailey; Berman; Bonnen; Bosse; Brimer; Brown, B.; Brown, F.; Burnam; Capelo; Carter; Chavez; Chisum; Christian; Clark; Coleman; Cook; Corte; Counts; Crabb; Craddick; Crownover; Cuellar; Culberson; Danburg; Davis, J.; Davis, Y.; Delisi; Denny; Driver; Dukes; Dunnam; Dutton; Edwards; Ehrhardt; Eiland; Elkins; Ellis; Farabee; Farrar; Flores; Gallego; Garcia; George; Giddings; Glaze; Goodman; Goolsby; Gray; Green; Greenberg; Grusendorf; Gutierrez; Haggerty; Hamric; Hardcastle; Hartnett; Hawley; Heflin; Hilbert; Hilderbran; Hill; Hinojosa; Hochberg; Hodge; Homer; Hope; Howard; Hunter; Hupp; Isett; Janek; Jones, C.; Jones, D.; Jones, J.; Junell; Keel; Keffer; King, P.; King, T.; Krusee; Kuempel; Lengefeld; Lewis, G.; Lewis, R.; Longoria; Luna; Madden; Marchant; Maxey; McCall; McClendon; McReynolds; Merritt; Moreno, J.; Morrison; Mowery; Naishtat; Najera; Nixon; Noriega; Oliveira; Olivo; Palmer; Pickett; Pitts; Puente; Ramsay; Rangel; Reyna, A.; Reyna, E.; Ritter; Sadler; Salinas; Seaman; Shields; Siebert; Smith; Smithee; Solis, J.; Solis, J. F.; Solomons; Staples; Swinford; Talton; Telford; Thompson; Tillery; Truitt; Turner, B.; Turner, S.; Uher; Uresti; Van de Putte; Walker; West; Williams; Wilson; Wise; Wohlgemuth; Wolens; Woolley; Yarbrough; Zbranek.

Present, not voting - Mr. Speaker(C).

Absent, Excused - Moreno, P.

Absent - Deshotel.

STATEMENT OF VOTE

When Record No. 245 was taken, I would have voted yes.

Deshotel

A record vote was requested.

CSHB 551, as amended, was passed to engrossment by (Record 246): 147 Yeas, 0 Nays, 1 Present, not voting.

Yeas - Alexander; Allen; Alvarado; Averitt; Bailey; Berman; Bonnen; Bosse; Brimer; Brown, B.; Brown, F.; Burnam; Capelo; Carter; Chavez; Chisum; Christian; Clark; Coleman; Cook; Corte; Counts; Crabb; Craddick; Crownover; Cuellar; Culberson; Danburg; Davis, J.; Davis, Y.; Delisi; Denny; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Ehrhardt; Eiland; Elkins; Ellis; Farabee; Farrar; Flores; Gallego; Garcia; George; Giddings; Glaze; Goodman; Goolsby; Gray; Green; Greenberg; Grusendorf; Gutierrez; Haggerty; Hamric; Hardcastle; Hartnett; Hawley; Heflin; Hilbert; Hilderbran; Hill; Hinojosa; Hochberg; Hodge; Homer; Hope; Howard; Hunter; Hupp; Isett; Janek; Jones, C.; Jones, D.; Jones, J.; Junell; Keel; Keffer; King, P.; King, T.; Krusee; Kuempel; Lengefeld; Lewis, G.; Lewis, R.; Longoria; Luna; Madden; Marchant; Maxey; McCall; McReynolds; Merritt; Moreno, J.; Morrison; Mowery; Naishtat; Najera; Nixon; Noriega; Oliveira; Olivo; Palmer; Pickett; Pitts; Puente; Ramsay; Rangel; Reyna, A.; Reyna, E.; Ritter; Sadler; Salinas; Seaman; Shields; Siebert; Smith; Smithee; Solis, J.; Solis, J. F.; Solomons; Staples; Swinford; Talton; Telford; Thompson; Tillery; Truitt; Turner, B.; Turner, S.; Uher; Uresti; Van de Putte; Walker; West; Williams; Wilson; Wise;

76th LEGISLATURE - REGULAR SESSION

Wohlgemuth; Wolens; Woolley; Yarbrough; Zbranek.

Present, not voting - Mr. Speaker(C).

Absent, Excused - Moreno, P.

Absent - McClendon.

STATEMENT OF VOTE

When Record No. 246 was taken, I was in the house but away from my desk. I would have voted yes.

McClendon

CONSTITUTIONAL AMENDMENTS CALENDAR

HOUSE JOINT RESOLUTIONS

SECOND READING

The following resolutions were laid before the house and read second time:

CSHJR 62 ON SECOND READING

(by Mowery, Driver, and Puente)

CSHJR 62, A joint resolution proposing a constitutional amendment to eliminate duplicative, executed, obsolete, archaic, and ineffective constitutional provisions.

Amendment No. 1

Representatives Uher and Mowery offered the following amendment to CSHJR 62:

Amend CSHJR 62 by striking SECTIONS 34 AND 35 and renumbering the subsequest SECTIONS accordingly.

Amendment No. 1 was adopted without objection.

A record vote was requested.

CSHJR 62, as amended, was adopted by (Record 247): 148 Yeas, 0 Nays, 1 Present, not voting.

Yeas - Alexander; Allen; Alvarado; Averitt; Bailey; Berman; Bonnen; Bosse; Brimer; Brown, B.; Brown, F.; Burnam; Capelo; Carter; Chavez; Chisum; Christian; Clark; Coleman; Cook; Corte; Counts; Crabb; Craddick; Crownover; Cuellar; Culberson; Danburg; Davis, J.; Davis, Y.; Delisi; Denny; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Ehrhardt; Eiland; Elkins; Ellis; Farabee; Farrar; Flores; Gallego; Garcia; George; Giddings; Glaze; Goodman; Goolsby; Gray; Green; Greenberg; Grusendorf; Gutierrez; Haggerty; Hamric; Hardcastle; Hartnett; Hawley; Heflin; Hilbert; Hilderbran; Hill; Hinojosa; Hochberg; Hodge; Homer; Hope; Howard; Hunter; Hupp; Isett; Janek; Jones, C.; Jones, D.; Jones, J.; Junell; Keel; Keffer; King, P.; King, T.; Krusee; Kuempel; Lengefeld; Lewis, G.; Lewis, R.; Longoria; Luna; Madden; Marchant; Maxey; McCall; McClendon; McReynolds; Merritt; Moreno, J.; Morrison; Mowery; Naishtat; Najera; Nixon; Noriega; Oliveira; Olivo; Palmer; Pickett; Pitts; Puente; Ramsay; Rangel; Reyna, A.; Reyna, E.; Ritter; Sadler;

Thursday, May 6, 1999 HOUSE JOURNAL - 67th Day

Salinas; Seaman; Shields; Siebert; Smith; Smithee; Solis, J.; Solis, J. F.; Solomons; Staples; Swinford; Talton; Telford; Thompson; Tillery; Truitt; Turner, B.; Turner, S.; Uher; Uresti; Van de Putte; Walker; West; Williams; Wilson; Wise; Wohlgemuth; Wolens; Woolley; Yarbrough; Zbranek.

Present, not voting - Mr. Speaker(C).

Absent, Excused - Moreno, P.

GENERAL STATE CALENDAR

HOUSE BILLS

THIRD READING

The following bills were laid before the house and read third time:

HB 1860 ON THIRD READING

(by Gutierrez)

HB 1860, A bill to be entitled An Act relating to acanthosis nigricans screening in public and private schools.

HB 1860 was passed.

HB 3517 ON THIRD READING

(by Goodman, et al.)

HB 3517, A bill to be entitled An Act relating to the detention, adjudication, and disposition of certain persons within the juvenile justice system.

HB 3517 was passed.

HB 27 ON THIRD READING

(by Goolsby)

HB 27, A bill to be entitled An Act relating to the medical records of the patient of a physician.

HB 27 was passed.

HB 143 ON THIRD READING

(by Thompson, Chavez, and A. Reyna)

HB 143, A bill to be entitled An Act relating to the personal needs allowance for certain Medicaid recipients who are residents of long-term care facilities.

HB 143 was passed.

HB 3072 ON THIRD READING

(by Averitt)

HB 3072, A bill to be entitled An Act relating to certain payments by a retail seller in a retail installment transaction involving a motor vehicle.

HB 3072 was passed.

76th LEGISLATURE - REGULAR SESSION

HB 3262 ON THIRD READING

(by Uher and Crownover)

HB 3262, A bill to be entitled An Act relating to information in a rabies vaccination certificate or in a county or municipal registry of dogs and cats; providing criminal penalties.

HB 3262 was passed.

HB 3516 ON THIRD READING

(by Marchant)

HB 3516, A bill to be entitled An Act relating to the regulation of funeral directing and embalming.

Amendment No. 1

Representative Pitts offered the following amendment to HB 3516:

Amend HB 3516, Second Reading Engrossment, on page 22, lines 25 through 26, by striking "that will perform embalming services on behalf of the funeral establishment" and substituting "owned by the establishment requesting the exemption and at which embalming services may be performed".

Amendment No. 1 was adopted without objection.

HB 3516, as amended, was passed.

HB 3596 ON THIRD READING

(by McClendon, Oliveira, Luna, Keffer, and Seaman)

HB 3596, A bill to be entitled An Act relating to workforce development services provided by the Texas Workforce Commission under a contract with a local workforce development board.

(Najera in the chair)

Representative McClendon moved to postpone consideration of HB 3596 until 5 p.m. today.

The motion prevailed without objection.

LEAVES OF ABSENCE GRANTED

The following members were granted leaves of absence for the remainder of today to attend a meeting of the conference committee on HB 1:

Junell on motion of R. Lewis.

Coleman on motion of R. Lewis.

Heflin on motion of R. Lewis.

(Speaker in the chair)

The following member was granted leave of absence temporarily for today to attend a meeting of the conference committee on HB 1:

Gallego on motion of R. Lewis.

Thursday, May 6, 1999 HOUSE JOURNAL - 67th Day

HB 3582 ON THIRD READING

(by Keffer)

HB 3582, A bill to be entitled An Act relating to the appointment of a receiver for a royalty interest.

Amendment No. 1

Representative Keffer offered the following amendment to HB 3582:

Amend HB 3582 on Third Reading by striking the text of Engrossed Rider #2 of the Second Reading Engrossment and substituting the following:

Amend CSHB 3582 as follows:

(1) In the first sentence of added Section 64.093 (h), Civil Practice and Remedies Code, strike "Any monetary consideration" and substitute "The monetary consideration, if any,".

(2) After the first sentence of added Section 64.093 (h), insert: "It is, however, recognized that, because ratifications, pooling agreements, and unitization agreements are typically entered into in consideration of the future benefits accruing to the grantor thereof, an initial monetary consideration is not typically paid for the execution of such instruments."

Amendment No. 1 was adopted without objection.

Amendment No. 2

Representative Craddick offered the following amendment to HB 3582:

Amend CSHB 3582 on third reading by adding the following appropriately numbered SECTIONS to the bill and renumbering the remaining SECTIONS of the bill accordingly:

SECTION _____. Section 53.001, Natural Resources Code, is amended by adding Subdivision (4) to read as follows:

(4) "Surface mining" means the mining of minerals by removing the overburden lying above the natural deposit of minerals and mining directly from the natural deposits that are exposed. The term does not include in situ mining activities.

SECTION _____. Sections 53.065 (b) and (c), Natural Resources Code, are amended to read as follows:

(b) Except as provided by Subsection (c), under [Under ] a lease executed under this subchapter on or after September 1, 1987, the lessee shall pay:

(1) to the state 80 percent of all bonuses agreed to be paid for the lease and 80 percent of all rentals and royalties that are payable under the lease; and

(2) [. The lessee shall pay ] to the owner of the surface 20 percent of all bonuses agreed to be paid for the lease and 20 percent of all rentals and royalties payable under the lease.

(c) Under a lease executed under this subchapter on or after September 1, 1999, for the exploration and production by surface mining of coal, lignite, potash, sulphur, thorium, or uranium, the lessee shall pay:

(1) to the state 60 percent of all bonuses agreed to be paid for the lease and 60 percent of all rentals and royalties that are payable under the lease; and

76th LEGISLATURE - REGULAR SESSION

(2) to the owner of the surface 40 percent of all bonuses agreed to be paid for the lease and 40 percent of all rentals and royalties payable under the lease.

(d) If production is obtained, the state shall receive not less than one-sixteenth of the value of the minerals produced.

Amendment No. 2 was adopted without objection.

A record vote was requested.

HB 3582, as amended, was passed by (Record 248): 141 Yeas, 0 Nays, 1 Present, not voting.

Yeas - Alexander; Allen; Alvarado; Averitt; Bailey; Berman; Bonnen; Bosse; Brimer; Brown, B.; Brown, F.; Burnam; Capelo; Carter; Chavez; Chisum; Christian; Clark; Cook; Corte; Counts; Crabb; Craddick; Crownover; Cuellar; Culberson; Danburg; Davis, J.; Davis, Y.; Delisi; Denny; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Ehrhardt; Eiland; Elkins; Ellis; Farabee; Farrar; Flores; Garcia; George; Giddings; Glaze; Goodman; Goolsby; Gray; Green; Greenberg; Grusendorf; Gutierrez; Haggerty; Hamric; Hardcastle; Hartnett; Hawley; Hilbert; Hilderbran; Hill; Hinojosa; Hochberg; Hodge; Homer; Hope; Howard; Hunter; Hupp; Isett; Janek; Jones, C.; Jones, D.; Jones, J.; Keel; Keffer; King, P.; King, T.; Krusee; Kuempel; Lengefeld; Lewis, G.; Longoria; Luna; Madden; Marchant; Maxey; McCall; McClendon; McReynolds; Merritt; Moreno, J.; Morrison; Mowery; Naishtat; Najera; Nixon; Noriega; Oliveira; Olivo; Palmer; Pickett; Pitts; Puente; Ramsay; Rangel; Reyna, A.; Reyna, E.; Ritter; Sadler; Salinas; Seaman; Shields; Smith; Smithee; Solis, J.; Solis, J. F.; Solomons; Staples; Swinford; Talton; Telford; Thompson; Tillery; Truitt; Turner, B.; Turner, S.; Uresti; Van de Putte; Walker; West; Williams; Wilson; Wise; Wohlgemuth; Wolens; Woolley; Yarbrough; Zbranek.

Present, not voting - Mr. Speaker(C).

Absent, Excused - Moreno, P.

Absent, Excused, Committee Meeting - Coleman; Gallego; Heflin; Junell.

Absent - Lewis, R.; Siebert; Uher.

STATEMENT OF VOTE

When Record No. 248 was taken, I was in the house but away from my desk. I would have voted yes.

R. Lewis

HB 163 ON THIRD READING

(by Chisum and Allen)

HB 163, A bill to be entitled An Act relating to the offense of possession of a controlled substance or dangerous drug in a correctional facility.

HB 163 was passed.

Thursday, May 6, 1999 HOUSE JOURNAL - 67th Day

HB 261 ON THIRD READING

(by Allen, Keel, and C. Jones)

HB 261, A bill to be entitled An Act relating to the forfeiture of good conduct time of an inmate who files a frivolous or malicious lawsuit while confined in county jail awaiting transfer to the Texas Department of Criminal Justice.

A record vote was requested.

HB 261 was passed by (Record 249): 139 Yeas, 0 Nays, 1 Present, not voting.

Yeas - Alexander; Allen; Alvarado; Averitt; Bailey; Berman; Bonnen; Bosse; Brimer; Brown, B.; Brown, F.; Burnam; Capelo; Chavez; Chisum; Christian; Clark; Cook; Corte; Counts; Crabb; Craddick; Crownover; Cuellar; Culberson; Danburg; Davis, J.; Davis, Y.; Delisi; Denny; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Ehrhardt; Eiland; Elkins; Ellis; Farabee; Farrar; Flores; Garcia; George; Giddings; Glaze; Goolsby; Gray; Green; Greenberg; Grusendorf; Gutierrez; Haggerty; Hamric; Hartnett; Hawley; Hilbert; Hilderbran; Hill; Hinojosa; Hochberg; Hodge; Homer; Hope; Howard; Hunter; Hupp; Isett; Janek; Jones, C.; Jones, D.; Jones, J.; Keel; Keffer; King, P.; King, T.; Krusee; Kuempel; Lengefeld; Lewis, G.; Lewis, R.; Longoria; Luna; Madden; Marchant; Maxey; McCall; McClendon; McReynolds; Merritt; Moreno, J.; Morrison; Mowery; Najera; Nixon; Noriega; Oliveira; Olivo; Palmer; Pickett; Pitts; Puente; Ramsay; Rangel; Reyna, A.; Ritter; Sadler; Salinas; Seaman; Shields; Siebert; Smith; Smithee; Solis, J.; Solis, J. F.; Solomons; Staples; Swinford; Talton; Telford; Thompson; Tillery; Truitt; Turner, B.; Turner, S.; Uher; Uresti; Van de Putte; Walker; West; Williams; Wilson; Wise; Wohlgemuth; Wolens; Woolley; Yarbrough; Zbranek.

Present, not voting - Mr. Speaker(C).

Absent, Excused - Moreno, P.

Absent, Excused, Committee Meeting - Coleman; Gallego; Heflin; Junell.

Absent - Carter; Goodman; Hardcastle; Naishtat; Reyna, E.

HB 275 ON THIRD READING

(by West and Culberson)

HB 275, A bill to be entitled An Act relating to restricting certain recreational amenities available to inmates imprisoned in the institutional division of the Texas Department of Criminal Justice.

HB 275 was passed.

LEAVE OF ABSENCE GRANTED

The following member was granted leave of absence for the remainder of today to attend a meeting of the conference committee on HB 1:

76th LEGISLATURE - REGULAR SESSION

West on motion of R. Lewis.

HB 641 ON THIRD READING

(by Howard)

HB 641, A bill to be entitled An Act relating to requiring a municipal utility district to disclose to the purchaser of residential real property whether the property is located in a municipality's corporate boundaries or extraterritorial jurisdiction.

HB 641 was passed.

HB 1444 ON THIRD READING

(by Delisi, Gray, Hilderbran, Coleman, Cuellar, et al.)

HB 1444, A bill to be entitled An Act relating to local public health services.

A record vote was requested.

HB 1444 was passed by (Record 250): 139 Yeas, 0 Nays, 1 Present, not voting.

Yeas - Alexander; Allen; Alvarado; Averitt; Bailey; Berman; Bonnen; Bosse; Brimer; Brown, B.; Brown, F.; Burnam; Capelo; Carter; Chavez; Chisum; Christian; Clark; Cook; Corte; Counts; Crabb; Craddick; Crownover; Cuellar; Culberson; Danburg; Davis, J.; Davis, Y.; Delisi; Denny; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Ehrhardt; Eiland; Elkins; Ellis; Farabee; Farrar; George; Giddings; Glaze; Goodman; Goolsby; Gray; Green; Greenberg; Grusendorf; Gutierrez; Haggerty; Hamric; Hardcastle; Hawley; Hilbert; Hilderbran; Hill; Hinojosa; Hochberg; Hodge; Homer; Hope; Howard; Hunter; Hupp; Isett; Janek; Jones, C.; Jones, D.; Jones, J.; Keel; Keffer; King, P.; King, T.; Krusee; Kuempel; Lengefeld; Lewis, G.; Lewis, R.; Longoria; Luna; Madden; Marchant; Maxey; McCall; McClendon; McReynolds; Merritt; Moreno, J.; Morrison; Mowery; Naishtat; Najera; Nixon; Noriega; Oliveira; Olivo; Palmer; Pickett; Pitts; Ramsay; Rangel; Reyna, A.; Reyna, E.; Ritter; Sadler; Salinas; Seaman; Shields; Siebert; Smith; Smithee; Solis, J.; Solis, J. F.; Solomons; Staples; Swinford; Talton; Telford; Thompson; Tillery; Truitt; Turner, B.; Turner, S.; Uher; Uresti; Van de Putte; Walker; Williams; Wilson; Wise; Wohlgemuth; Wolens; Woolley; Yarbrough; Zbranek.

Present, not voting - Mr. Speaker(C).

Absent, Excused - Moreno, P.

Absent, Excused, Committee Meeting - Coleman; Gallego; Heflin; Junell; West.

Absent - Flores; Garcia; Hartnett; Puente.

HB 2247 ON THIRD READING

(by Hawley)

HB 2247, A bill to be entitled An Act relating to the method of payment of fees for goods sold or services provided by the Texas Department of

Thursday, May 6, 1999 HOUSE JOURNAL - 67th Day

Transportation or for the administration of Texas Department of Transportation programs.

A record vote was requested.

HB 2247 was passed by (Record 251): 138 Yeas, 0 Nays, 1 Present, not voting.

Yeas - Alexander; Allen; Alvarado; Averitt; Bailey; Berman; Bonnen; Bosse; Brimer; Brown, B.; Brown, F.; Burnam; Capelo; Carter; Chavez; Christian; Clark; Cook; Corte; Counts; Crabb; Craddick; Crownover; Cuellar; Culberson; Danburg; Davis, J.; Davis, Y.; Delisi; Denny; Deshotel; Driver; Dukes; Dunnam; Edwards; Ehrhardt; Eiland; Elkins; Ellis; Farabee; Farrar; Garcia; George; Giddings; Glaze; Goodman; Goolsby; Gray; Green; Greenberg; Grusendorf; Gutierrez; Haggerty; Hamric; Hardcastle; Hawley; Hilbert; Hilderbran; Hill; Hinojosa; Hochberg; Hodge; Homer; Hope; Howard; Hunter; Hupp; Isett; Janek; Jones, C.; Jones, D.; Jones, J.; Keel; Keffer; King, P.; King, T.; Krusee; Kuempel; Lengefeld; Lewis, G.; Lewis, R.; Luna; Madden; Marchant; Maxey; McCall; McClendon; McReynolds; Merritt; Moreno, J.; Morrison; Mowery; Naishtat; Najera; Nixon; Noriega; Oliveira; Olivo; Palmer; Pickett; Pitts; Puente; Ramsay; Rangel; Reyna, A.; Reyna, E.; Ritter; Sadler; Salinas; Seaman; Shields; Siebert; Smith; Smithee; Solis, J.; Solis, J. F.; Solomons; Staples; Swinford; Talton; Telford; Thompson; Tillery; Truitt; Turner, B.; Turner, S.; Uher; Uresti; Van de Putte; Walker; Williams; Wilson; Wise; Wohlgemuth; Wolens; Woolley; Yarbrough; Zbranek.

Present, not voting - Mr. Speaker(C).

Absent, Excused - Moreno, P.

Absent, Excused, Committee Meeting - Coleman; Gallego; Heflin; Junell; West.

Absent - Chisum; Dutton; Flores; Hartnett; Longoria.

HB 2691 ON THIRD READING

(by Counts)

HB 2691, A bill to be entitled An Act relating to the sale, assignment, or transfer of structured settlements.

HB 2691 was passed.

HB 2261 ON THIRD READING

(by B. Turner)

HB 2261, A bill to be entitled An Act relating to testing natural gas piping in certain school facilities.

HB 2261 was passed.

HB 3132 ON THIRD READING

(by Chisum)

HB 3132, A bill to be entitled An Act relating to the creation of the scrap tire enforcement fund and the regulation of scrap tire disposal.

76th LEGISLATURE - REGULAR SESSION

HB 3132 was passed.

HB 3059 ON THIRD READING

(by Hill)

HB 3059, A bill to be entitled An Act relating to the operation of the Texas State Affordable Housing Corporation.

HB 3059 was passed.

(Gallego now present)

HB 3255 ON THIRD READING

(by Gallego)

HB 3255, A bill to be entitled An Act relating to compensation to certain victims of domestic violence from the compensation to victims of crime fund.

A record vote was requested.

HB 3255 was passed by (Record 252): 143 Yeas, 0 Nays, 1 Present, not voting.

Yeas - Alexander; Allen; Alvarado; Averitt; Bailey; Berman; Bonnen; Bosse; Brimer; Brown, B.; Brown, F.; Burnam; Capelo; Carter; Chavez; Chisum; Christian; Clark; Cook; Corte; Counts; Crabb; Craddick; Crownover; Cuellar; Culberson; Danburg; Davis, J.; Davis, Y.; Delisi; Denny; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Ehrhardt; Eiland; Elkins; Ellis; Farabee; Farrar; Flores; Gallego; Garcia; George; Giddings; Glaze; Goodman; Goolsby; Gray; Green; Greenberg; Grusendorf; Gutierrez; Haggerty; Hamric; Hardcastle; Hartnett; Hawley; Hilbert; Hilderbran; Hill; Hinojosa; Hochberg; Hodge; Homer; Hope; Howard; Hunter; Hupp; Isett; Janek; Jones, C.; Jones, D.; Jones, J.; Keel; Keffer; King, P.; King, T.; Krusee; Kuempel; Lengefeld; Lewis, G.; Lewis, R.; Longoria; Luna; Madden; Marchant; Maxey; McCall; McClendon; McReynolds; Merritt; Moreno, J.; Morrison; Mowery; Naishtat; Najera; Nixon; Noriega; Oliveira; Olivo; Palmer; Pickett; Pitts; Puente; Ramsay; Rangel; Reyna, A.; Reyna, E.; Ritter; Salinas; Seaman; Shields; Siebert; Smith; Smithee; Solis, J.; Solis, J. F.; Solomons; Staples; Swinford; Talton; Telford; Thompson; Tillery; Truitt; Turner, B.; Turner, S.; Uher; Uresti; Van de Putte; Walker; Williams; Wilson; Wise; Wohlgemuth; Wolens; Woolley; Yarbrough; Zbranek.

Present, not voting - Mr. Speaker(C).

Absent, Excused - Moreno, P.

Absent, Excused, Committee Meeting - Coleman; Heflin; Junell; West.

Absent - Sadler.

LEAVE OF ABSENCE GRANTED

The following member was granted leave of absence for the remainder of today to attend a meeting of the conference committee on HB 1:

Gallego on motion of R. Lewis.

Thursday, May 6, 1999 HOUSE JOURNAL - 67th Day

GENERAL STATE CALENDAR

HOUSE BILLS

SECOND READING

The following bills were laid before the house and read second time:

HB 126 ON SECOND READING

(by McClendon, Danburg, Wilson, McCall, G. Lewis, et al.)

HB 126, A bill to be entitled An Act relating to liability for false disparagement of perishable food products.

(Kuempel in the chair)

LEAVE OF ABSENCE GRANTED

The following member was granted leave of absence for the remainder of today because of important business:

D. Jones on motion of Averitt.

HB 126 - (consideration continued)

A record vote was requested.

HB 126 failed to pass to engrossment by (Record 253): 57 Yeas, 80 Nays, 4 Present, not voting.

Yeas - Alvarado; Bailey; Bonnen; Bosse; Burnam; Chavez; Culberson; Danburg; Davis, Y.; Deshotel; Dukes; Dutton; Edwards; Ehrhardt; Eiland; Farrar; Garcia; Giddings; Gray; Greenberg; Gutierrez; Hochberg; Hodge; Jones, J.; Lewis, G.; Longoria; Luna; Madden; Maxey; McCall; McClendon; Merritt; Moreno, J.; Naishtat; Noriega; Oliveira; Olivo; Palmer; Pickett; Puente; Rangel; Reyna, A.; Sadler; Shields; Smith; Solis, J.; Solis, J. F.; Solomons; Thompson; Tillery; Turner, S.; Uresti; Van de Putte; Williams; Wilson; Wolens; Yarbrough.

Nays - Alexander; Allen; Averitt; Berman; Brimer; Brown, B.; Brown, F.; Capelo; Carter; Chisum; Christian; Clark; Cook; Corte; Counts; Crabb; Craddick; Crownover; Cuellar; Davis, J.; Delisi; Denny; Driver; Dunnam; Elkins; Ellis; Farabee; Flores; George; Glaze; Goolsby; Green; Grusendorf; Haggerty; Hamric; Hardcastle; Hartnett; Hawley; Hilbert; Hilderbran; Hill; Hinojosa; Homer; Hope; Howard; Hunter; Hupp; Isett; Janek; Jones, C.; Keel; Keffer; King, P.; King, T.; Krusee; Lengefeld; Lewis, R.; Marchant; McReynolds; Morrison; Mowery; Pitts; Ramsay; Reyna, E.; Ritter; Salinas; Seaman; Siebert; Smithee; Staples; Swinford; Talton; Telford; Truitt; Turner, B.; Uher; Walker; Wohlgemuth; Woolley; Zbranek.

Present, not voting - Mr. Speaker(C); Kuempel; Najera; Nixon.

Absent, Excused - Jones, D.; Moreno, P.

Absent, Excused, Committee Meeting - Coleman; Gallego; Heflin; Junell; West.

Absent - Goodman; Wise.

76th LEGISLATURE - REGULAR SESSION

STATEMENT OF VOTE

I was shown voting yes on Record No. 253. I intended to vote no.

J. Solis

POSTPONED BUSINESS

The following bills were laid before the house as postponed business:

HB 3596 ON THIRD READING

(by McClendon, Oliveira, Luna, Keffer, Seaman, et al.)

HB 3596, A bill to be entitled An Act relating to workforce development services provided by the Texas Workforce Commission under a contract with a local workforce development board.

HB 3596 was read third time earlier today and was postponed until this time.

Amendment No. 1

Representative Staples offered the following amendment to HB 3596:

Amend HB 3596, second reading engrossment, on page 1, by striking lines 8-12 and substituting the following:

(e) Except as otherwise provided by this subsection, a local workforce development board shall enter into contracts with private vendors for the provision of workforce development services, including any service the provision of which is delegated to the board under Section 302.023, Labor Code. However, if a private vendor is unavailable, or if the contracts submitted by private vendors to provide services are not acceptable to the board, the board may contract with the Texas Workforce Commission for the provision of a workforce development service or to administer the competitive procurement process.

(Speaker in the chair)

Amendment No. 1 was adopted without objection. (Berman recorded voting no)

Amendment No. 2

Representative J. Solis offered the following amendment to HB 3596:

Amend HB 3596 on third reading by striking page 1, line 13, through page 3, line 9, and substituting the following:

SECTION 2. Section 302.002, Labor Code, is amended by adding Subsection (f) to read as follows:

(f) The executive director may contract with local workforce development boards as necessary to implement Section 2308.303, Government Code.

Amendment No. 2 was adopted without objection.

HB 3596, as amended, was passed.

Thursday, May 6, 1999 HOUSE JOURNAL - 67th Day

GENERAL STATE CALENDAR

(consideration continued)

CSHB 731 ON SECOND READING

(by Thompson and Clark)

CSHB 731, A bill to be entitled An Act relating to municipal courts of record.

Amendment No. 1

Representative Thompson offered the following amendment to CSHB 731:

Amend CSHB 731 on page 6, lines 15 and 16, by striking "the courts and their personnel during the proceedings of a court" and substituting "each court, including the court's personnel, during the proceedings of the court".

Amendment No. 1 was adopted without objection.

Amendment No. 2

Representative Clark offered the following amendment to CSHB 731:

Amend CSHB 731 as follows:

(1) on page 3, strike lines 17-26 and substitute the following:

Sec. 30.00004. ABOLITION OF COURT. If the governing body of the city finds [after the establishment of an additional ] that a municipal court of record [that the condition of the dockets of the other courts of the county does not require the existence of the court to dispose properly of the cases arising in the city ] is unnecessary, the governing body shall by ordinance declare the office of the municipal judge vacant at the end of the term for which the judge was last selected. Any cases then pending shall be transferred to a court with proper jurisdiction of the offense.

Sec. 30.00005. JURISDICTION. (a) A municipal court of

(2) renumber subsequent sections of the Government Code contained in Section 1 of the bill to conform to this amendment.

Amendment No. 2 was adopted without objection.

Amendment No. 3

Representative Clark offered the following amendment to CSHB 731:

Amend CSHB 731 as follows:

On page 8, line 5, after the word "judge" and before the word "may" insert "of a general law municipality"

On page 8, line 8, add the following sentence: "A municipal judge of a home rule municipality may be removed from office by the governing body for the reasons stated and by the procedures provided for the removal of members of the governing body in the charter or ordinances of the municipality."

Amendment No. 3 was adopted without objection.

76th LEGISLATURE - REGULAR SESSION

Amendment No. 4

Representative Siebert offered the following amendment to CSHB 731:

Amend CSHB 731 by adding the following appropriately numbered SECTION to the bill and renumbering the remaining SECTIONS of the bill accordingly:

SECTION ___. Chapter 30, Government Code, is amended by adding Subchapter SS to read as follows:

SUBCHAPTER SS. LIVE OAK

Sec. 30.01721. APPLICATION. This subchapter applies to the city of Live Oak.

Sec. 30.01722. CLERK; OTHER PERSONNEL. The city secretary shall be, ex officio, the clerk of the municipal court of record and may hire, direct, and remove the personnel authorized in the city's annual budget for the clerk's office.

Sec. 30.01723. COURT REPORTER. The clerk of the court shall appoint the court reporter.

Sec. 30.01724. APPEAL. The county courts at law of Bexar County have jurisdiction over an appeal.

Amendment No. 4 was adopted without objection.

Amendment No. 5

Representative Crownover offered the following amendment to CSHB 731:

Amend CSHB 731 by adding the following appropriately numbered SECTION to the bill and renumbering the remaining SECTIONS of the bill accordingly:

SECTION ____. Chapter 30, Government Code, is amended by adding Subchapter TT to read as follows:

SUBCHAPTER TT. FLOWER MOUND

Sec. 30.01751. APPLICATION. This subchapter applies to the Town of Flower Mound.

Sec. 30.01752. COURT REPORTER. The municipal court clerk shall appoint the court reporter. The town manager shall set the compensation of the court reporter.

Sec. 30.01753. APPEAL. The appropriate county court of Denton County having jurisdiction over appeals from municipal courts shall have jurisdiction over any appeal.

Amendment No. 5 was adopted without objection.

CSHB 731, as amended, was passed to engrossment.

HB 820 ON SECOND READING

(by Naishtat, Coleman, Thompson, S. Turner, et al.)

HB 820, A bill to be entitled An Act relating to review of certain children's continued eligibility for medical assistance.

Thursday, May 6, 1999 HOUSE JOURNAL - 67th Day

Amendment No. 1

Representative Wohlgemuth offered the following amendment to HB 820:

Amend HB 820 by striking SECTION 1 of the bill, and substituting the following:

SECTION 1. Subchapter B, Chapter 32, Human Resources Code, is amended by adding Section 32.0251 to read as follows:

Sec. 32.0251. ELIGIBILITY NOTIFICATION FOR CERTAIN CHILDREN. The department shall notify a recipient of financial assistance under Chapter 31 of a child's eligibility for medical assistance if:

(1) the child originally establishes eligibility for medical assistance on the basis of receipt of financial assistance under Chapter 31, as provided by Section 32.025 (a); and

(2) that receipt of financial assistance under Chapter 31 ceases.

Representative Naishtat moved to table Amendmeneat No. 1.

(Averitt in the chair)

A record vote was requested.

The vote of the house was taken on the motion to table Amendment No. 1 and the vote was announced yeas 70, nays 69.

A verification of the vote was requested and was granted.

The roll of those voting yea and nay was again called and the verified vote resulted, as follows (Record 254): 69 Yeas, 67 Nays, 2 Present, not voting.

Yeas - Alexander; Alvarado; Bailey; Bosse; Burnam; Capelo; Chavez; Cook; Counts; Cuellar; Danburg; Davis, Y.; Deshotel; Dunnam; Dutton; Edwards; Ehrhardt; Eiland; Ellis; Farabee; Farrar; Flores; Garcia; Glaze; Gray; Greenberg; Gutierrez; Hinojosa; Hochberg; Hodge; Homer; Jones, J.; Keffer; King, T.; Lewis, G.; Lewis, R.; Longoria; Luna; Maxey; McCall; McClendon; McReynolds; Moreno, J.; Naishtat; Najera; Noriega; Oliveira; Olivo; Pickett; Puente; Ramsay; Rangel; Reyna, A.; Sadler; Salinas; Solis, J.; Solis, J. F.; Telford; Thompson; Tillery; Turner, S.; Uher; Uresti; Van de Putte; Wilson; Wise; Wolens; Yarbrough; Zbranek.

Nays - Allen; Berman; Bonnen; Brimer; Brown, B.; Brown, F.; Carter; Chisum; Christian; Clark; Corte; Crabb; Craddick; Crownover; Culberson; Davis, J.; Delisi; Denny; Driver; Elkins; George; Goolsby; Green; Grusendorf; Haggerty; Hamric; Hardcastle; Hartnett; Hilbert; Hilderbran; Hill; Hope; Howard; Hunter; Hupp; Isett; Janek; Jones, C.; Keel; King, P.; Krusee; Kuempel; Lengefeld; Madden; Marchant; Merritt; Mowery; Nixon; Palmer; Pitts; Reyna, E.; Ritter; Seaman; Shields; Siebert; Smith; Smithee; Solomons; Staples; Swinford; Talton; Truitt; Turner, B.; Walker; Williams; Wohlgemuth; Woolley.

Present, not voting - Mr. Speaker; Averitt(C).

Absent, Excused - Jones, D.; Moreno, P.

Absent, Excused, Committee Meeting - Coleman; Gallego; Heflin; Junell; West.

76th LEGISLATURE - REGULAR SESSION

Absent - Dukes; Giddings; Goodman; Hawley; Morrison.

The chair stated that the motion to table prevailed by the above vote.

A record vote was requested.

HB 820 was passed to engrossment by (Record 255): 71 Yeas, 66 Nays, 2 Present, not voting.

Yeas - Alexander; Alvarado; Bailey; Bosse; Burnam; Capelo; Chavez; Cook; Counts; Cuellar; Culberson; Danburg; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; Ehrhardt; Eiland; Ellis; Farabee; Farrar; Flores; Garcia; Glaze; Gray; Greenberg; Gutierrez; Hinojosa; Hochberg; Hodge; Homer; Jones, J.; Keffer; King, T.; Lewis, G.; Lewis, R.; Longoria; Luna; Maxey; McClendon; McReynolds; Moreno, J.; Naishtat; Najera; Noriega; Oliveira; Olivo; Pickett; Puente; Ramsay; Rangel; Reyna, A.; Reyna, E.; Ritter; Sadler; Salinas; Solis, J.; Solis, J. F.; Telford; Thompson; Tillery; Turner, S.; Uher; Uresti; Van de Putte; Wilson; Wise; Wolens; Yarbrough; Zbranek.

Nays - Allen; Berman; Bonnen; Brimer; Brown, B.; Brown, F.; Carter; Chisum; Christian; Clark; Corte; Crabb; Craddick; Crownover; Davis, J.; Delisi; Denny; Driver; Elkins; George; Goodman; Goolsby; Green; Grusendorf; Haggerty; Hamric; Hardcastle; Hartnett; Hilbert; Hilderbran; Hill; Hope; Howard; Hunter; Hupp; Isett; Janek; Jones, C.; Keel; King, P.; Krusee; Kuempel; Lengefeld; Madden; Marchant; McCall; Merritt; Mowery; Nixon; Palmer; Pitts; Seaman; Shields; Siebert; Smith; Smithee; Solomons; Staples; Swinford; Talton; Truitt; Turner, B.; Walker; Williams; Wohlgemuth; Woolley.

Present, not voting - Mr. Speaker; Averitt(C).

Absent, Excused - Jones, D.; Moreno, P.

Absent, Excused, Committee Meeting - Coleman; Gallego; Heflin; Junell; West.

Absent - Edwards; Giddings; Hawley; Morrison.

STATEMENT OF VOTE

When Record No. 255 was taken, I was in the house but away from my desk. I would have voted yes.

Hawley

I was shown voting yes on Record No. 255. I intended to vote no.

E. Reyna

HB 900 ON SECOND READING

(by Dutton)

HB 900, A bill to be entitled An Act relating to a bill of review by a civil court.

Amendment No. 1 (Committee Amendment No. 1)

Representative Dutton offered the following committee amendment to HB 900:

Thursday, May 6, 1999 HOUSE JOURNAL - 67th Day

Amend HB 900 on page 2, line 12, by striking ", and allege a meritorious claim or defense in relation to the court order or judgment that is the subject of the application for a bill of review".

Amendment No. 1 was adopted without objection.

LEAVE OF ABSENCE GRANTED

The following member was granted leave of absence for the remainder of today because of important business:

Morrison on motion of Cuellar.

HB 900 - (consideration continued)

Amendment No. 2

Representative Uher offered the following amendment to HB 900:

Amend HB 900 (House committee report) on page 2, between lines 1 and 2 by inserting:

Sec. 67.0035. GOOD FAITH PURCHASER OR LIENHOLDER. A bill of review or a court order or judgement shall not affect a good faith purchaser or lienholder for value, or a real estate licensee for the purchaser or lienholder, who aquires rights relating to real property in reliance on the court order or judgement and before the application for the bill of review.

(Speaker in the chair)

Amendment No. 2 was adopted without objection.

HB 900, as amended, was passed to engrossment. (Hartnett recorded voting no)

HB 3215 ON SECOND READING

(by McCall)

HB 3215, A bill to be entitled An Act relating to the methods by which the Texas Department of Criminal Justice and the Texas Youth Commission obtain samples or specimens for the purpose of creating a DNA record.

HB 3215 was passed to engrossment.

CSHB 3042 ON SECOND READING

(by Averitt)

CSHB 3042, A bill to be entitled An Act relating to investment requirements for certain insurance companies.

CSHB 3042 was passed to engrossment.

CSHB 3079 ON SECOND READING

(by Kuempel)

CSHB 3079, A bill to be entitled An Act relating to the development and financing of a statewide aquatic vegetation management plan.

CSHB 3079 was passed to engrossment.

76th LEGISLATURE - REGULAR SESSION

CSHB 2909 ON SECOND READING

(by Naishtat and Junell)

CSHB 2909, A bill to be entitled An Act relating to the nursing and convalescent home trust fund.

CSHB 2909 was passed to engrossment. (Madden recorded voting no)

HR 845 - ADOPTED

(by Noriega)

Representative Noriega moved to suspend all necessary rules to take up and consider at this time HR 845.

The motion prevailed without objection.

The following resolution was laid before the house:

HR 845, Honoring the Ripley Community Health Center and the upcoming opening of the Gulfgate Community Health Center.

HR 845 was adopted without objection.

RULES SUSPENDED

Representative Alexander moved to suspend the 5-day posting rule to allow the Committee on Transportation to consider SB 966 and SJR 45 in a public hearing.

The motion prevailed without objection.

Representative Hunter moved to suspend the 5-day posting rule to allow the Committee on State Affairs, Subcommittee on HB 2661, to consider HB 2m661.

The motion prevailed without objection.

COMMITTEE MEETING ANNOUNCEMENTS

The following committee meetings were announced:

Transportation, on adjournment today, E2.030, for a public hearing, to consider SB 966 and SJR 45.

State Affairs, Subcommittee on HB 2661, on adjournment today, Desk 47, for a public hearing, to consider HB 2661.

State Affairs, on adjournment today, Desk 71, for a formal meeting, to consider pending bills.

Financial Institutions, on adjournment today, Desk 26, for a formal meeting, to consider SB 88, SB 172, SB 1074, SJR 12, and pending business.

Licensing and Administrative Procedures, on adjournment today, Desk 66, for a formal meeting, to consider pending bills.

Public Health, on adjournment today, Desk 6, for a formal meeting, to consider pending business.

Insurance, on adjournment today, Desk 24, for a formal meeting.

Thursday, May 6, 1999 HOUSE JOURNAL - 67th Day

Elections, 1 hour after adjournment today, E2.012, for a public hearing, to consider HB 4.

Corrections, on adjournment today, Desk 2, for a formal meeting, to consider SB 1576 and SB 1577.

Local and Consent Calendars, 9 a.m. Friday, May 7, 2W.25, for a formal meeting.

Land and Resource Management, on adjournment today, Desk 107, for a formal meeting, to consider pending business.

HB 844 - HOUSE REFUSES TO CONCUR

IN SENATE AMENDMENTS

CONFERENCE COMMITTEE APPOINTED

Representative Wilson called up with senate amendments for consideration at this time,

HB 844, A bill to be entitled An Act relating to the total amount of state lottery prizes that may be awarded in a fiscal year.

Representative Wilson moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 844.

The motion prevailed without objection.

The chair announced the appointment of the following conference committee, on the part of the house, on HB 844: Wilson, chair, J. Moreno, Yarbrough, Haggerty, and Flores.

SB 211 - STATEMENT OF VOTE

I was shown voting no on Record No. 226. I intended to vote yes.

Green

ADJOURNMENT

Representative Farrar, J. Moreno, and Noriega moved that the house adjourn until 10 a.m. tomorrow in memory of Frumencio Reyes, Sr.

The motion prevailed without objection.

The house accordingly, at 6:20 p.m., adjourned until 10 a.m. tomorrow.

----------------

ADDENDUM

--------------

REFERRED TO COMMITTEES

The following bills and joint resolutions were today laid before the house, read first time, and referred to committees, and the following resolutions were today laid before the house and referred to committees. If indicated, the chair today corrected the referral of the following measures:

76th LEGISLATURE - REGULAR SESSION

List No. 1

HCR 258 (by Christian), Expressing the legislature's support for students' right to voluntary, student-initiated prayer in public schools and encouraging the attorney general to litigate on school districts' behalf to ensure this right.

To State Affairs.

HCR 259 (by Ramsay), Declaring forevermore the second week of September Fire Ant Awareness Week Texas.

To Agriculture & Livestock.

HCR 260 (by J. Jones), Declaring October 4-9, 1999, "Firefighters and Paramedics Recognition Week."

To Rules & Resolutions.

HCR 261 (by Junell), Honoring Vollie Urbantke on the occasion of her 80th birthday.

To Rules & Resolutions.

HR 835 (by Palmer), Honoring the Leonard Middle School National Junior Honor Society.

To Rules & Resolutions.

HR 837 (by Delisi), Commemorating the 100th anniversary of the Lena Armstrong Public Library in Belton.

To Rules & Resolutions.

HR 838 (by Madden), Honoring Tom Leyden for being named "State Secondary Principal of the Year."

To Rules & Resolutions.

HR 841 (by Chavez), Honoring Adrian Rodriguez for receiving the Truman Scholarship.

To Rules & Resolutions.

HR 843 (by Christian), Honoring Diana Jane Walker for being chosen the 1999 Woman of the Year by the Nacogdoches branch of the American Association of University Women.

To Rules & Resolutions.

HR 844 (by Williams), Congratulating Paul Thomas Williams on attaining the rank of Eagle Scout.

To Rules & Resolutions.

HR 845 (by Noriega), Honoring the Ripley Community Health Center and the upcoming opening of the Gulfgate Community Health Center.

To Rules & Resolutions.

HR 846 (by Uher), Congratulating Dr. Fred Matthes on his retirement.

To Rules & Resolutions.

HR 847 (by Uher), Congratulating Doris Fussell Gayle and John Phillip Gayle, Jr., on their 55th wedding anniversary.

To Rules & Resolutions.

Thursday, May 6, 1999 HOUSE JOURNAL - 67th Day

HR 848 (by Junell), In memory of Martin Carl Reed.

To Rules & Resolutions.

HR 849 (by Glaze), Honoring Travis Scott Banks on attaining the rank of Eagle Scout.

To Rules & Resolutions.

HR 852 (by Van de Putte), Honoring Tejano musicians and Tejano music.

To Rules & Resolutions.

HR 854 (by Delisi), Honoring the Texas Master Gardener program.

To Rules & Resolutions.

SB 58 to Ways & Means.

SB 590 to Higher Education.

SB 666 to Human Services.

SB 867 to Urban Affairs.

SB 1279 to County Affairs.

SB 1287 to Urban Affairs.

SB 1288 to Higher Education.

SB 1323 to Land & Resource Management.

SB 1442 to Land & Resource Management.

SB 1443 to Land & Resource Management.

SB 1455 to Public Education.

SB 1784 to Public Education.

SB 1859 to Higher Education.

SB 1861 to Higher Education.

SB 1881 to County Affairs.

SJR 34 to Financial Institutions.

Corrections in Referral:

SB 623 to Urban Affairs from Business & Industry.

SIGNED BY THE SPEAKER

The following bills and resolutions were today signed in the presence of the house by the speaker:

House List No. 43

HB 1189, HB 1488, HCR 180, HCR 184, HCR 186, HCR 187, HCR 189, HCR 190, HCR 191, HCR 193, HCR 195, HCR 196, HCR 197, HCR 198, HCR 199, HCR 200, HCR 201, HCR 202, HCR 247, HCR 250, HCR 251

76th LEGISLATURE - REGULAR SESSION

MESSAGES FROM THE SENATE

The following messages from the senate were today received by the house:

Message No. 1

MESSAGE FROM THE SENATE

SENATE CHAMBER

Austin, Texas

Thursday, May 6, 1999

The Honorable Speaker of the House

House Chamber

Austin, Texas

Mr. Speaker:

I am directed by the Senate to inform the House that the Senate has taken the following action:

THE SENATE HAS PASSED THE FOLLOWING MEASURES:

SB 292 Nixon, Drew

Relating to a self-directed investment option for participants in the Teacher Retirement System of Texas.

SB 538 Moncrief

Relating to a prohibition of discrimination in the determination of eligibility for employment, occupational licenses, and insurance coverage based on certain genetic information and to limitations on the use of that information.

SB 777 Bernsen

Relating to a requirement that litter prevention information be included in the curriculum of certain driver education and driving safety courses.

SB 947 Barrientos

Relating to the authority of the board of regents of The University of Texas System to increase the student union fee at The University of Texas at Austin and to the use of the student union fee.

SB 1100 Cain

Relating to the use of certain controlled substances to facilitate the commission of the offense of aggravated sexual assault; providing a penalty.

SB 1331 Moncrief

Relating to an assessment of the effectiveness of Medicaid managed care contracts.

SB 1391 Shapleigh

Relating to the review by the Texas Workforce Commission of the allocation of certain funds for child care.

SB 1613 Lucio

Relating to requiring the Texas Commission on the Arts to develop a five-year program to promote the development of the arts in certain counties.

Thursday, May 6, 1999 HOUSE JOURNAL - 67th Day

SB 1772 Zaffirini

Relating to the allocation of revenue from certain hotel taxes for certain purposes in certain municipalities located in a park and recreation district.

SB 1876 Nixon, Drew

Relating to the authority of certain municipalities to impose a sales and use tax to retire the debt of a municipal power agency created by the municipalities.

Respectfully,

Betty King

Secretary of the Senate

Message No. 2

MESSAGE FROM THE SENATE

SENATE CHAMBER

Austin, Texas

Thursday, May 6, 1999 - 2

The Honorable Speaker of the House

House Chamber

Austin, Texas

Mr. Speaker:

I am directed by the Senate to inform the House that the Senate has taken the following action:

THE SENATE HAS PASSED THE FOLLOWING MEASURES:

LOCAL AND UNCONTESTED CALENDAR

HB 221 Naishtat SPONSOR: Ellis, Rodney

Relating to the appointment of members to the Board of Law Examiners.

HB 573 Pitts SPONSOR: Nelson

Relating to the continuing education requirements for certain medical professionals.

HB 624 Reyna, Arthur SPONSOR: Harris

Relating to the authority of certain counties to contract with a private entity for child support and other services.

HB 869 Goodman SPONSOR: Harris

Relating to authorizing the appointment of certain visiting associate judges and to the appointment of criminal law magistrates in Tarrant County.

(COMMITTEE SUBSTITUTE)

HB 870 Goodman SPONSOR: Harris

Relating to county fees for handling certain registry funds.

HB 873 Hochberg SPONSOR: Lindsay

Relating to an exemption from ad valorem taxation for property of certain nonprofit organizations while improvements are under construction.

76th LEGISLATURE - REGULAR SESSION

HB 1138 Thompson SPONSOR: Ellis, Rodney

Relating to a branch office of a county clerk.

HB 1174 Junell SPONSOR: Duncan

Relating to preparation of an abstract of judgment in an action to establish a lien on real property.

(AMENDED)

HB 1209 Goodman SPONSOR: Harris

Relating to the clarification of certain provisions and other technical corrections in the Family Code.

HB 1254 Goolsby SPONSOR: Carona

Relating to issuance of United States passports by district clerks.

(COMMITTEE SUBSTITUTE)

HB 1373 Williams SPONSOR: Sibley

Relating to allocation of principal and income in certain trusts.

(AMENDED)

HB 1401 Gray SPONSOR: Harris

Relating to the continuation and functions of the Texas Commission for the Deaf and Hard of Hearing.

HB 1643 Chavez SPONSOR: Nelson

Relating to an exception to the regulation of certain therapists under the Licensed Professional Counselor Act.

HB 1987 McCall SPONSOR: Cain

Relating to the examinations administered or accepted for licensure of physicians.

SB 723 Zaffirini

Relating to the Texas Academy of Foreign Languages and Culture.

SB 799 Ellis, Rodney

Relating to the administration and operation of a pretrial services office and the imposition of certain fees and costs.

SB 886 Harris

Relating to fees assessed in a child support case.

SB 975 Armbrister

Relating to the sovereign immunity and liability to be sued of a junior college district.

SB 1229 Ellis, Rodney

Relating to the compensation of presiding judges of administrative judicial regions.

SB 1259 Moncrief

Relating to use of the housing trust fund to benefit certain individuals.

SB 1277 Wentworth

Relating to the uses of impact fees charged by municipal utility districts.

Thursday, May 6, 1999 HOUSE JOURNAL - 67th Day

SB 1313 Armbrister

Relating to the disposition and sale of certain surplus and salvage property by the state.

SB 1623 Fraser

Relating to the consideration of a trust as property liable for the support of a resident at a state facility for the mentally retarded.

SB 1711 Ellis, Rodney

Relating to a suit for modification of an order that designates a sole or joint managing conservator of a child.

SB 1721 Ellis, Rodney

Relating to the posting of state procurement information on the electronic state business daily.

SB 1742 Harris

Relating to certain proceedings in a foreclosure action.

SB 1781 Fraser

Relating to the application of the professional prosecutors law to the district attorney for the 33rd Judicial District.

SB 1816 Harris

Relating to terms of community supervision for violation of an order in a suit affecting the parent-child relationship.

SB 1834 Sibley

Relating to authorized investments for entities subject to the Public Funds Investment Act.

SB 1883 Harris

Relating to certain rates charged by a gas utility or municipally owned utility to a state agency.

Respectfully,

Betty King

Secretary of the Senate

Message No. 3

MESSAGE FROM THE SENATE

SENATE CHAMBER

Austin, Texas

Thursday, May 6, 1999 - 3

The Honorable Speaker of the House

House Chamber

Austin, Texas

Mr. Speaker:

I am directed by the Senate to inform the House that the Senate has taken the following action:

76th LEGISLATURE - REGULAR SESSION

THE SENATE HAS PASSED THE FOLLOWING MEASURES:

HB 713 Cuellar SPONSOR: Ellis, Rodney

Relating to student financial aid, including the consolidation or repeal of student aid and grant programs and the creation of grant programs to provide financial assistance to students at institutions of higher education who meet certain academic, citizenship, financial need, and other requirements.

(COMMITTEE SUBSTITUTE/AMENDED)

HB 2719 Swinford SPONSOR: Lucio

Relating to the promotion of Texas agricultural products; providing a penalty.

(AMENDED)

HCR 115 Denny SPONSOR: Nelson

Designating the first Thursday of May 1999 as "A Day of Prayer in Texas."

THE SENATE HAS CONCURRED IN HOUSE AMENDMENTS TO THE FOLLOWING MEASURES:

SB 254 (viva-voce vote)

SB 494 (30 Yeas, 0 Nays)

SB 691 (30 Yeas, 0 Nays)

THE SENATE HAS REFUSED TO CONCUR IN HOUSE AMENDMENTS TO THE FOLLOWING MEASURES AND REQUESTS THE APPOINTMENT OF A CONFERENCE COMMITTEE TO ADJUST THE DIFFERENCES BETWEEN THE TWO HOUSES:

SB 287

Senate Conferees: Brown, J. E. "Buster" - Chair/Armbrister/Barrientos/Haywood/Lucio

Respectfully,

Betty King

Secretary of the Senate

----------------

APPENDIX

--------------

STANDING COMMITTEE REPORTS

Favorable reports have been filed by committees as follows:

May 5

Business & Industry - HB 537

Civil Practices - HB 1058

Corrections - SB 1276, SB 1607

Criminal Jurisprudence - SB 39

Elections - HB 1699

Thursday, May 6, 1999 HOUSE JOURNAL - 67th Day

Environmental Regulation - SB 1298, SB 1447

Human Services - SB 13

Insurance - SB 323, SB 324

Judicial Affairs - HB 3630

Land & Resource Management - SB 712, SB 1446, SB 1690

Public Education - HB 87, HB 2075, HB 3239

Public Health - SB 1049

Public Safety - SB 81, SB 131, SB 370, SB 383, SB 565, SB 588, SB 839, SB 1099, SB 1157

State Affairs - SB 86

State Recreational Resources - SB 873, SB 1303

State, Federal & International Relations - SB 1375, SB 1379, SCR 38, SCR 52, SCR 59

Transportation - HB 1818

Ways & Means - HB 2999

ENGROSSED

May 5 - HB 91, HB 323, HB 494, HB 610, HB 707, HB 770, HB 772, HB 779, HB 811, HB 1097, HB 1103, HB 1111, HB 1260, HB 1275, HB 1328, HB 1379, HB 1418, HB 1436, HB 1461, HB 1471, HB 1498, HB 1504, HB 1571, HB 1573, HB 1620, HB 1652, HB 1663, HB 1702, HB 1851, HB 1874, HB 1882, HB 1896, HB 1916, HB 1919, HB 1921, HB 1932, HB 2031, HB 2049, HB 2111, HB 2175, HB 2207, HB 2224, HB 2246, HB 2255, HB 2382, HB 2401, HB 2409, HB 2441, HB 2445, HB 2526, HB 2611, HB 2660, HB 2667, HB 2685, HB 2717, HB 2725, HB 2748, HB 2758, HB 2764, HB 2785, HB 2815, HB 2824, HB 2914, HB 2922, HB 2947, HB 2992, HB 3014, HB 3041, HB 3182, HB 3209, HB 3216, HB 3224, HB 3265, HB 3276, HB 3285, HB 3418, HB 3456, HB 3492, HB 3544, HB 3598, HB 3620, HB 3682, HB 3685, HB 3697, HB 3741, HB 3757, HB 3798, HB 3812

ENROLLED

May 5 - HB 2008, HCR 180, HCR 186, HCR 192, HCR 195, HCR 196, HCR 197, HCR 198, HCR 199, HCR 200, HCR 201, HCR 202, HCR 251

SENT TO THE GOVERNOR

May 5 - HB 76, HB 165, HB 649, HB 960, HB 1177, HB 1314, HB 1889, HB 2008, HCR 62, HCR 192

SIGNED BY THE GOVERNOR

May 5 - HB 1503