Senate Floor Action for 4/23/2009

SENATE FLOOR ACTION



Thursday

April 23, 2009




The Senate suspended the necessary rules to consider and finally pass:


SJR 25 (LC)Harris/ Shapiro/ et al.

Proposing a constitutional amendment requiring certain revenue collected by a public entity from the use of a tolled highway project in this state to be used only for transportation projects.

1 Floor Amendment


SB 31 (CS)Zaffirini/ et al.

Relating to financial assistance for students who complete certain coursework at two-year public institutions of higher education.

1 Floor Amendment


SB 187 (CS)Deuell/ et al.

Relating to a Medicaid buy-in program for certain children with disabilities.


SB 712 Hegar

Relating to the requirement that certain defendants in a criminal case undergo testing for HIV infection and other diseases.


SB 871 (CS) (LC)Lucio/ et al.

Relating to the state employee wellness program, including health risk assessments of state employees.


SB 894 Nelson/ et al.

Relating to municipal investment of public funds received from the management and development of mineral rights.


SB 935 Seliger

Relating to authorizing a judge of a municipal court to conduct a marriage ceremony.


SB 1106 (LC)Van de Putte

Relating to payment of claims to pharmacies and pharmacists.


SB 1166 (LC)Duncan

Relating to the duties and salary of the county attorney of Swisher County and the election and duties of the district attorney for the 64th Judicial District.

1 Floor Amendment


SB 1188 (LC)Estes

Relating to the interstate purchase of certain firearms.


SB 1200 (CS)Ogden

Relating to disclosure of contracts between a member of the legislature, or a business entity in which the member has a substantial interest, and a state agency.


SB 1212 (LC)West

Relating to granting limited state law enforcement authority to special agents of the Office of Inspector General of the United States Department of Veterans Affairs.


SB 1246 (CS) (LC)Jackson, Mike

Relating to fees for certain licenses issued by the Parks and Wildlife Department.


SB 1271 (LC)Uresti

Relating to the requirement that an orthotist or a prosthetist be licensed as a device manufacturer if fabricating or assembling without an order from certain health care professionals.


SB 1299 (LC)Watson

Relating to the regulation of stormwater management by certain counties.


SB 1432 (LC)Nichols

Relating to the investigation, prosecution, and punishment of criminal Medicaid fraud and certain other offenses related to Medicaid fraud; providing penalties.


SB 1945 (CS) (LC)West

Relating to the issuance of a citation to an owner of real property for a violation of a county or municipal rule or ordinance.


SB 2225 (CS) (LC)Carona/ et al.

Relating to the civil and criminal consequences of engaging in certain conduct involving the transporting or transferring of a firearm and to creating the offense of firearm smuggling.


HB 2457 (LC)Eiland SP: Jackson, Mike

Relating to the duty of the General Land Office to clean, maintain, and clear debris from a public beach affected by a declared disaster.

 

The Senate suspended the regular order, read third time and postponed consideration:


SB 867 (CS)Lucio

Relating to summer nutrition programs provided for by school districts.

1 Floor Amendment

(Consideration postponed to 10:00AM 4/24/09)

 

The Senate suspended the regular order, read second time and postponed consideration:


SB 265 (CS)Hinojosa/ et al.

Relating to benefits and protections for certain residential electric customers.

(Consideration postponed to 11:00AM 4/24/09)


The Senate adopted the following resolutions:


SR 499 Patrick, Dan

Commending Sydney Drain for her commitment to service and volunteerism.


SR 649 Watson

Recognizing the Honorable L. DeWitt Hale on the occasion of his 92nd birthday.


SR 664 Shapleigh

Congratulating the recipients of the 2009 Communities In Schools Best of Texas awards.


SR 678 Ellis

Recognizing the TEXAS Grant Program on the occasion of its 10th anniversary.


SR 680 Shapleigh

Establishing the Gonzalo Barrientos Lifetime Achievement Award in Dropout Prevention and congratulating former Senator Gonzalo Barrientos on being selected as the award's first recipient.


SR 701 Fraser

Recognizing April 23, 2009, as Burnet County Day at the State Capitol.


SR 702 Lucio

Recognizing the Texas Bootstrap Loan Program on the occasion of its 10th anniversary.


HCR 60 Davis, John SP: Jackson, Mike

Congratulating Evelyn Ruth Werlein of Houston on her 100th birthday.


HCR 150 Craddick SP: Seliger

Congratulating Ashley Carruth Beal of Midland on being named the 2009-2010 Texas Bluebonnet Queen.


The following bills were passed on the Local and Uncontested Bills Calendar:


SCR 11 (LC)Estes

Designating Bridgeport as the official Stagecoach Capital of Texas.


SCR 40 (LC)Nelson

Recognizing the City of Grapevine as the Christmas Capital of Texas.


SCR 42 (LC)Van de Putte

Renaming Building G at the Department of State Health Services Central Complex as the Dr. Robert Bernstein Building.


SB 62 (CS) (LC)Zaffirini

Relating to permitting certain military attorneys to represent military personnel and their dependents in civil proceedings before the courts of this state.


SB 96 (CS) (LC)Van de Putte

Relating to swimming pool and spa safety.


SB 174 (CS) (LC)Shapiro/ et al.

Relating to online institution resumes for public institutions of higher education.


SB 181 (CS) (LC)Gallegos

Relating to the creation of a task force to study and develop uniform reentry procedures for essential personnel entering an area evacuated during a disaster or other emergency.


SB 329 (CS) (LC)Carona

Relating to the automatic suspension of the driver's license of a person convicted of certain organized crime offenses; providing penalties.


SB 332 (CS) (LC)Carona

Relating to the adjudication of certain gang-related delinquent conduct.


SB 366 (CS) (LC)Carona

Relating to authorizing consecutive sentencing for certain offenses committed by a member of a criminal street gang.


SB 367 (CS) (LC)Carona

Relating to the prosecution of and punishment for certain criminal offenses involving the use of a false or fictitious identity or identifying documents.


SB 369 (CS) (LC)Carona

Relating to information contained in an intelligence database used to investigate and prosecute offenses committed by criminal street gangs.


SB 371 (LC)Carona

Relating to certain civil consequences of engaging in organized crime.


SB 379 (CS) (LC)Carona

Relating to an annual report by the Texas Fusion Center regarding criminal street gangs and gang-related crime.


SB 419 (CS) (LC)Carona

Relating to the evidence required for the release of a motor vehicle after impoundment of the vehicle for failure to maintain evidence of financial responsibility.


SB 423 (CS) (LC)Carona

Relating to the conditions of community supervision that may be imposed on a defendant with regard to association with a member of a criminal street gang.


SB 495 (LC)Hinojosa/ et al.

Relating to creating a recognition day in honor of Dr. Hector P. Garcia.


SB 537 (LC)Carona

Relating to the emergency installation and use of a device to intercept wire, oral, or electronic communications.


SB 551 (CS) (LC)Carona

Relating to civil liability for criminal street gang activity that violates a court-ordered injunction.


SB 585 (CS) (LC)Carona

Relating to standards of conduct and ethics policies for metropolitan planning organizations.


SB 719 (LC)Nichols

Relating to the rates charged by a water and sewer utility.


SB 743 (CS) (LC)Wentworth

Relating to the time allowed for execution of a search warrant issued to obtain a specimen for DNA analysis.


SB 787 (CS) (LC)Nelson

Relating to the statute of limitations on prosecution of the offense of bigamy.


SB 865 (CS) (LC)Harris

Relating to child support enforcement.


SB 873 (CS) (LC)Harris/ Hegar/ Williams

Relating to a requirement that certain appraisal districts provide for electronic filing of and electronic communications regarding a protest of appraised value by the owner of a residence homestead.


SB 882 (CS) (LC)Carona

Relating to the powers and duties of a regional tollway authority, including the establishment of an administrative adjudication hearing procedure; creating an offense.


SB 892 (CS) (LC)Nelson

Relating to inclusion in a public school campus improvement plan of goals and objectives for the campus coordinated health program.


SB 893 (CS) (LC)Nelson

Relating to the authority of a county to inspect day-care centers and group day-care homes.


SB 897 (LC)Shapleigh

Relating to certain reporting requirements in connection with the transportation of hazardous materials by a railroad company.


SB 909 (LC)Williams

Relating to designating the first week of October as Monarch Butterfly Week.


SB 929 (CS) (LC)Huffman

Relating to the powers and duties of the Sienna Plantation Municipal Utility District No. 4; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain.


SB 930 (CS) (LC)Huffman

Relating to the powers and duties of the Sienna Plantation Municipal Utility District No. 5; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain.


SB 931 (CS) (LC)Huffman

Relating to the powers and duties of the Sienna Plantation Municipal Utility District No. 6; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain.


SB 932 (CS) (LC)Huffman

Relating to the powers and duties of the Sienna Plantation Municipal Utility District No. 7; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain.


SB 936 (CS) (LC)Carona

Relating to the appointment of a communications coordination group.


SB 937 (CS) (LC)Carona

Relating to the prosecution of and punishment for certain criminal offenses involving a criminal street gang.


SB 1077 (CS) (LC)Carona

Relating to driver education and driver's licensing requirements for minors.


SB 1093 (LC)Carona

Relating to the operation of a commercial motor vehicle.


SB 1094 (LC)Carona

Relating to the submission of reports on certain convictions or adjudications relating to the operation of motor vehicles to the Department of Public Safety of the State of Texas.


SB 1095 (CS) (LC)Carona

Relating to the licensing and regulation of used automotive parts recyclers; providing penalties.


SB 1097 (CS) (LC)Carona

Relating to the establishment and determination of financial responsibility for a motor vehicle; providing a penalty.


SB 1109 (CS) (LC)Jackson, Mike

Relating to the regulation of stipulated premium insurance companies.


SB 1124 (CS) (LC)West

Relating to authorization for the Department of Aging and Disability Services to conduct a desk review instead of an inspection when issuing a license after a change in ownership of certain facilities.


SB 1165 (CS) (LC)Carona

Relating to the use of certain vehicles for law enforcement purposes.


SB 1171 (LC)Nichols

Relating to certain health-related reports, records, and information.


SB 1182 (CS) (LC)Wentworth

Relating to the open records steering committee, reports by the attorney general on costs of copies, and certain deadlines, costs, and suits filed under the public information law.


SB 1201 (CS) (LC)Carona

Relating to an affidavit required to be filed in a cause of action against certain licensed or registered professionals.


SB 1241 (CS) (LC)Hegar

Relating to the creation of the Fort Bend County Water Control and Improvement District No. 10; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain.


SB 1273 (LC)Carona

Relating to the prosecution of and punishment for the theft of certain electronic equipment and interference with certain radio frequencies.


SB 1291 (CS) (LC)Van de Putte

Relating to access to certain counselors and therapists.


SB 1320 (CS) (LC)Wentworth

Relating to notice by a governmental entity regarding certain geospatial data products.


SB 1331 (LC)Nelson/ et al.

Relating to the creation of the Texas Physician Health Program.


SB 1367 (CS) (LC)Carona

Relating to parking placard or specialty license plate applications by persons with a mobility problem caused by an impairment of vision.


SB 1464 (LC)Williams

Relating to the creation of the Harris County Municipal Utility District No. 525; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain.


SB 1474 (LC)Nichols

Relating to compensation for certain emergency services personnel.


SB 1504 (LC)Whitmire

Relating to the concurrent jurisdiction of certain municipal courts in certain criminal cases punishable by fine only.


SB 1505 (CS) (LC)Whitmire

Relating to the arrest and release on bail or other form of bond of certain criminal defendants with a mental illness or with mental retardation.


SB 1529 (CS) (LC)Whitmire

Relating to criminal asset forfeiture, the disposition of proceeds and property from criminal asset forfeiture, and accountability for that disposition; providing civil penalties.


SB 1540 (LC)Carona

Relating to a nonsubstantive revision of statutes relating to railroads; including conforming amendments.


SB 1557 (LC)Duncan

Relating to the early identification of criminal defendants who are or may be persons with mental illness or mental retardation.


SB 1599 (LC)Watson

Relating to the disclosure of criminal history record information to the Court Reporters Certification Board.


SB 1620 (LC)Wentworth

Relating to the regulation of property tax lenders.


SB 1628 (LC)Wentworth

Relating to the pension retirement system in certain municipalities for firefighters and police.


SB 1692 (CS) (LC)Wentworth

Relating to the confidentiality of certain personal information concerning current and former employees of certain divisions of the office of the attorney general.


SB 1694 (CS) (LC)Ogden

Relating to the designation of a courthouse square or a courthouse or other real property in a courthouse square as a state archeological landmark.


SB 1699 (LC)Fraser

Relating to consistency among certain secretary of state filings.


SB 1701 (LC)Fraser

Relating to the franchise arrangements excluded from the Business Opportunity Act.


SB 1702 (CS) (LC)Fraser

Relating to the regulation of health spas.


SB 1703 (LC)Fraser

Relating to methods of delivery used by the secretary of state.


SB 1710 (CS) (LC)Duncan

Relating to the creation of independent assigned counsel programs.


SB 1741 (CS) (LC)Carona

Relating to emergency management.


SB 1745 (LC)Harris

Relating to offenses involving boating safety and the disposition of fines for certain water safety offenses.


SB 1775 (LC)Whitmire

Relating to the Texas Rangers' unsolved crimes investigation team.


SB 1777 (CS) (LC)Harris

Relating to disbursement of child support payments in Title IV-D cases.


SB 1796 (LC)Zaffirini

Relating to the approval of certain construction, repair, or rehabilitation projects at public institutions of higher education in this state.


SB 1798 (LC)Zaffirini

Relating to certifying the eligibility of certain educational aides to receive an exemption from tuition and fees charged by public institutions of higher education.


SB 1811 (LC)Duncan/ et al.

Relating to the 39th Judicial District Juvenile Board.


SB 1820 (CS) (LC)Fraser

Relating to the calculation of a person's net resources for purposes of determining child support liability.


SB 1826 (CS) (LC)Huffman

Relating to the status of liquefied natural gas marine terminals.


SB 1896 (CS) (LC)Gallegos

Relating to the grievance procedure for firefighters and police officers in certain municipalities.


SB 1930 (LC)Watson

Relating to the use of a confidential identity for the plaintiff in a civil action involving sexual abuse of a minor.


SB 1941 (CS) (LC)Shapiro

Relating to the administration and operation of the state's programs for prepaying or saving toward the costs of attending an institution of higher education.


SB 1947 (LC)West

Relating to the authority of two or more municipalities to designate a joint tax increment financing reinvestment zone.


SB 1967 (CS) (LC)Carona

Relating to the safe operation of motorcycles and other vehicles in this state; providing penalties.


SB 1969 (A) (LC)West

Relating to nonsubstantive additions to and corrections in enacted codes, to the nonsubstantive codification or disposition of various laws omitted from enacted codes, to conforming codifications enacted by the 80th Legislature to other Acts of that legislature, and to the repeal of certain unconstitutional laws.

1 Committee Amendment


SB 1970 (CS) (LC)Duncan

Relating to certain election practices and procedures; providing penalties.


SB 1979 (LC)Nichols

Relating to the creation of the Blaketree Municipal Utility District No. 1 of Montgomery County; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain.


SB 2019 (LC)Watson

Relating to the use of certain refrigerants in motor vehicle air conditioning units.


SB 2027 (CS) (LC)Watson

Relating to gestational agreements.


SB 2028 (LC)Watson

Relating to privately funded memorials honoring certain peace officers killed in the line of duty.


SB 2041 (LC)Ellis/ Carona/ et al.

Relating to requiring an applicant for a driver's license to demonstrate knowledge of motorists' rights and responsibilities in relation to bicyclists.


SB 2044 (CS) (LC)Williams

Relating to the inclusion of professional staff who educate students with disabilities on district-level and campus-level planning and decision-making committees.


SB 2052 (LC)Estes

Relating to projects that may be undertaken by development corporations for the development, retention, or expansion of certain transportation facilities.


SB 2058 (CS) (LC)Williams

Relating to the Harris County Road Law.


SB 2072 (LC)Duncan

Relating to contracting with the secretary of state for the filing of personal financial statements by officers and employees of certain counties.


SB 2074 (LC)Duncan

Relating to the delivery of proposed state agency rules to the lieutenant governor, a member of the legislature, or a legislative agency.


SB 2292 (CS) (LC)Lucio

Relating to the establishment of a natural disaster housing reconstruction initiative.


SB 2306 (CS) (LC)Williams

Relating to rates and methods of depreciation applied to a retired class of property for regulated water utilities.


SB 2311 (LC)Averitt

Relating to Texas Water Development Board surveys for water infrastructure financing.


SB 2312 (LC)Averitt

Relating to eligibility for funds from the water infrastructure fund from the Texas Water Development Board.


SB 2314 (LC)Averitt

Relating to the administration of the Clean Water State Revolving Fund and the Drinking Water State Revolving Fund.


SB 2315 (LC)Averitt

Relating to water audits by retail public utilities.


SB 2319 (LC)Averitt

Relating to the creation of a groundwater conservation district in a priority groundwater management area.


SB 2371 (LC)Carona

Relating to the naming of the Texas Department of Public Safety Garland Laboratory in Garland as the Representative Fred Hill Center for Forensic Analysis.


SB 2397 (LC)Nelson

Relating to the licensing and regulation of physicians, physician assistants, acupuncturists, and surgical assistants.


SB 2453 (LC)Williams

Relating to the East Montgomery County Improvement District.


SB 2462 (LC)Carona

Relating to the powers and duties of the Falcon's Lair Utility and Reclamation District relating to the issuance of bonds.


SB 2474 (LC)Watson

Relating to changes in the territory, board of directors, and water use fees of the Barton Springs-Edwards Aquifer Conservation District.


SB 2480 (LC)Hegar

Relating to the board of navigation and canal commissioners of the Matagorda County Navigation District No. 1.


The following bills were removed from the Local and Uncontested Bills Calendar:


SCR 7 (LC)Jackson, Mike

Designating the Texas toad as the official State Amphibian of Texas.


SB 552 (LC)Hegar

Relating to funding for the continuing education of certain peace officers.


SB 881 (CS) (LC)Eltife

Relating to a specialty insurance agent license for certain vendors of portable electronic devices.


SB 908 (LC)Williams

Relating to the crediting and charging of investment gains and losses on the assets held in trust by the Texas Municipal Retirement System and providing a guaranteed minimum credit to employee accounts.


SB 913 (CS) (LC)Williams

Relating to the authority of the Lower Neches Valley Authority to acquire, own, operate, maintain, and improve the Devers Canal System, its water rights, and associated property.


SB 974 (LC)Carona

Relating to records of certain frivolous complaints maintained by the Texas Board of Professional Land Surveying.


SB 1427 (CS) (LC)Williams

Relating to the regulation of staff leasing services.


SB 1508 (CS) (LC)Carona

Relating to the authority of certain transportation and transit authorities to enforce compliance with high occupancy vehicle lane restrictions by an automated enforcement system; providing for the imposition of penalties.


SB 1591 (LC)Ogden

Relating to the length of time certain property acquired by a charitable organization to provide low-income housing may be exempted from ad valorem taxation.


SB 2071 (LC)Duncan

Relating to the adoption of a nonsubstantive revision of provisions of the Texas Probate Code relating to decedents' estates and the redesignation of certain other provisions of the Texas Probate Code, including conforming amendments and repeals.


SB 2092 (LC)Duncan

Relating to the Irion County Water Conservation District.


SB 2108 (LC)Uresti

Relating to the compensation of a member of the board of directors of the Bexar-Medina-Atascosa Counties Water Control and Improvement District No. 1.


SB 2201 (LC)Wentworth

Relating to the joinder of a tax lien transferee in a suit to collect a delinquent ad valorem tax.


Committee referral on the following:


SB 2550 Hinojosa

Relating to the creation of the Padre Island Gateway Municipal Management District; providing authority to impose a tax and issue bonds.

Intergovernmental Relations


SB 2551 Ellis

Relating to the right of the Harris County Hospital District to maintain local control over wages, hours, and other terms and conditions of employment.

Intergovernmental Relations


SB 2552 Patrick, Dan

Relating to the powers and duties of Harris County Improvement District No. 1; providing authority to impose a tax and issue bonds.

Intergovernmental Relations


SB 2553 Hegar

Relating to granting certain counties authority to regulate the cutting of certain trees; providing a penalty.

Intergovernmental Relations


SB 2554 Hegar

Relating to the appointment of a bailiff for the 130th Judicial District.

Jurisprudence


SB 2555 Hegar

Relating to granting county zoning authority in Aransas County; providing a criminal penalty.

Intergovernmental Relations


SB 2556 Huffman

Relating to confidentiality of information regarding certain agents.

Health & Human Services


HB 360 Kuempel/ Herrero/ et al.

Relating to the crediting and charging of investment gains and losses on the assets held in trust by the Texas Municipal Retirement System and providing a guaranteed minimum credit to employee accounts.

State Affairs


HB 483 Pierson/ et al.

Relating to an administrative fee for defendants required by a court to perform community service in lieu of serving a term of confinement in county jail.

Criminal Justice


HB 608 Castro/ Ortiz, Jr./ Moody/ Herrero/ et al. SP: Wentworth

Relating to posttrial psychological counseling for jurors in a criminal trial or juvenile adjudication hearing involving graphic evidence or testimony.

Jurisprudence


HB 656 Rios Ybarra/ Gonzales/ Leibowitz

Relating to the use of municipal hotel occupancy taxes.

Economic Development


HB 1205 Button/ et al.

Relating to the circumstances in which the approval of the governing body of a taxing unit is required for refunds of overpayments or erroneous payments of ad valorem taxes.

Finance


HB 1407 Geren

Relating to the redemption of real property sold at an ad valorem tax sale.

Finance


HB 1411 Jones

Relating to records of certain frivolous complaints maintained by the Texas Board of Professional Land Surveying.

Business & Commerce


HB 1465 Paxton SP: Wentworth

Relating to the joinder of a tax lien transferee in a suit to collect a delinquent ad valorem tax.

Jurisprudence


HB 1505 Ortiz, Jr./ Guillen

Relating to the promotion or advertising of alcoholic beverages in relation to certain facilities owned by a municipality or county.

Business & Commerce


HB 1684 Brown, Betty/ Anderson/ Aycock/ Gonzalez Toureilles/ Chisum/ et al.

Relating to the creation and administration of the rural veterinarian loan repayment program.

Agriculture & Rural Affairs


HB 1813 Vo/ et al.

Relating to the punishment for tampering with certain governmental records concerning forensic analyses.

Criminal Justice


HB 1923 Heflin

Relating to the Irion County Water Conservation District.

Natural Resources


HB 2555 Hilderbran/ Guillen

Relating to the length of time certain property acquired by a charitable organization to provide low-income housing may be exempted from ad valorem taxation.

Finance


HB 2626 Naishtat/ Kent/ Rios Ybarra/ Leibowitz/ et al.

Relating to the forensic medical examination of a sexual assault victim who has not reported the assault to a law enforcement agency.

Criminal Justice


HB 3202 Bonnen

Relating to authorizing the transfer of certain real property held by the Texas Department of Criminal Justice.

Criminal Justice


HB 4706 King, Tracy O.

Relating to the compensation of a member of the board of directors of the Bexar-Medina-Atascosa Counties Water Control and Improvement District No. 1.

Natural Resources


(A)AMENDED IN COMMITTEE
(CS)COMMITTEE SUBSTITUTE
(LC)RECOMMENDED FOR LOCAL CALENDAR