SENATE FLOOR ACTION

Thursday

May 21, 2009

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

Relating to allowing for certain criminal proceedings in the absence of certain defendants.

Relating to information provided to a person applying for a state tax permit or license.

Relating to a study to determine the effect on the health care infrastructure in this state if the state Medicaid program is abolished or a severe reduction in federal matching money under the program occurs.

Relating to law enforcement and judicial procedures for, and the prosecution of, children who engage in conduct constituting public intoxication.

Relating to allowing counties with no incorporated territory to participate in programs designed to assist municipalities.

Relating to the license or certificate renewal process for emergency medical services personnel and certain law enforcement officers.

Relating to the development, rehabilitation, or expansion of affordable housing in a public improvement district established by a county or municipality.

Relating to audits of certain public retirement system actuarial valuations, studies, and reports.

1 Floor Amendment

Relating to the powers and duties of the Fort Bend County Municipal Utility District No. 194; providing authority to impose a tax and issue bonds.

Relating to the Cancer Prevention and Research Institute of Texas.

Relating to ballot language in an election authorizing the issuance of bonds for hospital district system improvements.

Relating to the alignment of certain Medicaid procedures regarding written orders for diabetic equipment and supplies with comparable Medicare written order procedures.

1 Floor Amendment

Relating to the status of certain transporters of natural or synthetic gas and liquified natural gas marine terminals as gas utilities.

Relating to standards required for certain rankings of physicians by health benefit plans.

1 Floor Amendment

Relating to the enforcement of certain provisions in a will or trust that forfeit or void devises or interests.

1 Floor Amendment

Relating to refund of excess unearned premiums by insurance premium finance companies.

Relating to the abolition of the Board of Tax Professional Examiners and the transfer of its functions to the Texas Department of Licensing and Regulation.

1 Floor Amendment

Relating to the terms of office of commissioners of certain emergency services districts.

Relating to membership of certain advisory bodies to the Texas Department of Licensing and Regulation.

Relating to auditing procedures and authority relating to county education departments in certain populous counties.

Relating to authorizing the commissioners court of a county to adopt and impose standards and specifications for the design and installation of address number signs to identify properties located in unincorporated areas of the county; providing a penalty.

Relating to directing payment, after approval, of certain miscellaneous claims and judgments against the state out of funds designated by this Act; making appropriations.

Relating to the delegation of duties of a county judge in certain counties.

Relating to mortgage fraud; providing a criminal penalty.

Relating to protections provided by the Department of Agriculture for certain consumers; providing penalties.

1 Floor Amendment

Relating to the definition of a gas utility.

2 Floor Amendments

Relating to allowing municipal or county housing authorities in certain counties to create housing communities for veterans.

Relating to the continuation and functions of the Parks and Wildlife Department; changing the elements of an offense.

1 Floor Amendment

Relating to the creation of the offense of failure to report barratry and solicitation of employment.

Relating to the injunction of municipal purchasing contracts.

Relating to the disaster contingency fund.

2 Floor Amendments

Relating to the powers and duties of the Hopkins County Hospital District.

Relating to certain studies and reports by the Texas Higher Education Coordinating Board regarding achievable cost-saving measures and the use and availability of electronic textbooks at institutions of higher education.

Relating to the seizure and destruction of certain plants.

Relating to the rate of the municipal hotel occupancy tax in certain municipalities and to the use of certain revenue from the tax.

Relating to the powers and duties of the 3 B&J Municipal Utility District; providing authority to impose a tax and issue bonds.

The Senate laid out as postponed business and finally passed:

Relating to the authority of a gas corporation to use a public right-of-way.

1 Floor Amendment

The Senate refused to suspend the regular order to consider:

Relating to the regulation of certain health care rental network contract arrangements; providing a civil penalty.

The Senate adopted the following resolutions:

Recognizing May 21, 2009, as Texas Water Conservation Day at the State Capitol.

Recognizing Texas Disposal Systems for receiving the top Landfill Management Award for 2008 by the Solid Waste Association of North America.

Commending Mercy Ships on its contributions to global health.

In memory of Michael J. Sanchez of San Antonio.

Congratulating D. L. "Dally" Willis on the occasion of his retirement.

The Senate concurred in House amendments to the following:

Relating to establishing a health science center and medical school in South Texas.

Relating to the designation of qualified media production locations in media production development zones and to exemptions from the sales and use tax for items used for media production facilities in qualified media production locations.

The Senate refused to concur in House amendments and requested the appointment of a Conference Committee on the following:

Relating to tuition and fee exemptions for certain military personnel and their dependents.

Relating to the continuation and functions of the Texas Commission on Fire Protection.

Relating to the making or acceptance of political contributions in a courthouse; providing penalties.

Relating to the release from the Texas Department of Criminal Justice of certain inmates who complete a rehabilitation program.

Relating to the transfer or sale of patient information or prescription drug history by discount health care programs.

The Senate granted the request for the appointment of a Conference Committee on the following:

Relating to public school accountability, curriculum, and promotion requirements.

Relating to the Medicaid Drug Utilization Review Program and prescription drug use under the Medicaid program.

Relating to the establishment of a workgroup to study and make recommendations on the integration of health and behavioral health services.

Relating to the powers and duties of the Texas Department of Licensing and Regulation, including the power to issue emergency orders and temporary and emergency licenses.

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

The Senate confirmed all nominees as reported by the Committee on Nominations.

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

Relating to authorizing certain entities in the legislative branch to provide student loan repayment assistance to employees who are attorneys.

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

Relating to certain studies and reviews of appraisal districts conducted by the comptroller of public accounts.

Relating to requirements for drugs dispensed by pharmacists.

Relating to the procedures to obtain an exemption from the motor vehicle sales tax for motor vehicles driven by persons who have orthopedic handicaps.

Relating to the punishment for theft of certain aluminum, bronze, or copper materials.

Relating to expunction of a notice of lis pendens.

Relating to the authority of an animal control officer to carry a bite prevention stick in the performance of official duties.

Relating to an award of additional periods of possession of or access to a child for certain conservators who have returned from active military deployment.

Relating to the regulation of laser hair removal facilities; providing penalties.

Relating to the designation of a segment of State Highway 158 in Runnels County as the Army Specialist William Justin Byler Memorial Highway.

Relating to the eligibility requirements for volunteer deputy registrars.

Relating to the licensing and regulation of hearing instrument fitters and dispensers.

Relating to privileged parking for certain veterans and military award recipients.

Relating to public improvement districts designated by a county or municipality.

Relating to the qualifications of surgical technologists; providing penalties.

Relating to payment to a trustee or substitute trustee after public sale of foreclosed property.

Relating to liability arising out of the filing of a mechanic's, contractor's, or materialman's lien.

Relating to a retired status license for an optometrist or therapeutic optometrist practicing voluntary charity care.

Relating to an exemption from the structural pest control license requirement for certain falconers.

Relating to the award of stipends to nationally certified classroom teachers under the educator excellence awards program.

Relating to certain continuing education requirements for insurance agents who sell Medicare-related products.

Relating to the authority of certain counties to impose a hotel occupancy tax for the maintenance and operation of a coliseum in the county.

Relating to the detention and examination of certain persons accepted for a preliminary mental health examination.

Relating to the terminology used to describe certain judicial officers.

Relating to competitive procurement requirements for local governments.

Relating to the use of certain state property transferred from the state to Spindletop MHMR Services.

Relating to maintenance of roads on the property of a perpetual care cemetery.

Relating to the receipt of death benefits in the workers' compensation system.

Relating to certain procedures for forwarding a warrant of arrest or a complaint in a criminal case.

Relating to oversight of regional poison control centers and the poison control network.

Relating to local regulation of distance requirements for the sale and consumption of alcoholic beverages near certain establishments.

Relating to the creation of the Starr County Drainage District.

Relating to the enrollment period for insurance benefits for certain retirees of the Teacher Retirement System.

Relating to the designation of State Highway 289 as the Preston Trail Highway.

Relating to the sale and marketing of life insurance and annuities.

Relating to certain certifications, professional designations, and education requirements regarding the sale of life insurance and annuities.

Relating to optional flexible school day program courses offered by school districts to enable students to earn course credit under certain circumstances.

Relating to responsibility for public school textbooks and technological equipment and to failure by students to return textbooks or technological equipment.

Relating to titles by which certain officers of a defense base development authority may be known.

Relating to the pilot program for reporting of methicillin-resistant Staphylococcus aureus infections.

Relating to service records of professional staff employed by school districts.

Relating to the establishment and use of a columbarium by a church.

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

Relating to the authority of certain political subdivisions to erect or maintain shore protection structures and the location of the line of vegetation in relation to those structures.

Relating to participation in job training and employment assistance programs by veterans and other covered persons.

Relating to capital stock and surplus requirements for certain insurance companies.

Relating to the licensing and regulation of health-related pest control by the Department of Agriculture.

Relating to the eligibility of certain individuals for child health plan coverage or medical assistance on release from certain facilities or other settings.

Relating to the Department of Information Resources, including the abolition of the telecommunications planning and oversight council, the electronic commerce network, and the electronic procurement marketplace and standards for certain school district software.

Relating to taking or attempting to take a weapon from an employee or official of a correctional facility.

Relating to the authority of the inspector general of the Texas Department of Criminal Justice to issue administrative subpoenas for certain communications records.

Relating to the authorization of physicians and therapeutic optometrists to dispense therapeutic contact lenses.

Relating to the reserve requirements for credit life and credit accident and health insurance.

Relating to the licensing of occupational therapists.

Relating to the operation and administration of the judiciary in the event of a disaster.

Relating to the creation of the Texas Equine Incentive Program.

Relating to the Transitional Living Services Program and the Preparation for Adult Living Program for foster children transitioning to independent living.

Relating to the maturity dates of certain annuities.

Relating to the authorization of certain reuse water system contributions and discharges.

Relating to the election and terms of office of directors of the Guadalupe County Groundwater Conservation District.

Relating to the issuance and execution of agriculture warrants; creating an offense.

Relating to an e-prescribing implementation plan under the Medicaid and child health plan programs.

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

Relating to a breach of computer security involving sensitive personal information and to the protection of sensitive personal information and certain protected health information.

Relating to the applicability of the moratoriums on the acceptance of certain political contributions and caucus contributions to contributions delivered by common or contract carrier.

Relating to enhancing penalties for assaulting a family member by strangulation or suffocation.

Relating to an identification card for certain retired peace officers.

Relating to the payment of a vehicle registration fee by a check drawn against insufficient funds.

Relating to the prosecution and punishment of offenses involving coercing, inducing, or soliciting membership in a criminal street gang.

Relating to prohibiting contact between an employee of a facility that serves the elderly or disabled persons, whose criminal history has not been verified, and a patient or resident of the facility.

Relating to the designation of a structure on U.S. Highway 259 as the Trooper Todd Dylan Holmes Memorial Overpass.

Relating to partnering with the United States Department of Veterans Affairs and other federal agencies to establish a veterans hospital in the Rio Grande Valley region of the state.

Relating to creating a committee to review the process for finding permanent placements for children in the conservatorship of the state.

Relating to extending the high school innovation grant initiative to middle and junior high schools.

Relating to discharging or releasing inmates from the Texas Department of Criminal Justice at or near certain department facilities.

Relating to laboratory tests measuring kidney function.

Relating to the limitations period for certain disciplinary actions against title insurance companies.

Relating to financial assistance by the Texas Water Development Board for the connection of residences in economically distressed areas to public water supply and sanitary sewer systems.

Relating to excused absences in public schools for students visiting institutions of higher education.

Relating to the establishment of a peace officer employment opportunity Internet website by the Texas Workforce Commission.

Relating to performance standards for plumbing fixtures sold in this state.

Relating to the continuation and functions of the Credit Union Department and the Credit Union Commission.

Relating to the regulation of industrialized housing and buildings.

Relating to the authority of a veterinarian to fill certain prescriptions in an emergency.

Relating to participation in, contributions to, and the benefits and administration of retirement systems for police officers in certain municipalities.

Relating to participation in and benefits and administration of retirement systems for firefighters in certain municipalities.

Relating to the authority of an administrative law judge to order the release of certain information relating to a child abuse and neglect investigation.

Relating to a motor vehicle dealer's duty to notify buyers of compulsory inspection requirements for certain motor vehicles.

Relating to the regulation of cemeteries by state and local government.

Relating to the electronic transmission of motor vehicle rental information in connection with the payment of tolls.

Relating to the operation of certain commercial vehicles in this state.

Relating to food handlers and other food service employees.

Relating to the regulation of certain consumer transactions involving plumbing, air conditioning, and electrical services.

Relating to requiring the Department of Family and Protective Services to develop and provide certain foster parents with a statement regarding the rights and responsibilities of those persons and the agency.

Relating to discount programs for certain veterans provided by toll project entities.

Relating to clarification of legislative intent regarding enrollment of newborns in Medicaid managed care plans and validating related acts and decisions.

Relating to the issuance of a writ of attachment in a civil suit for certain sexual assaults.

Relating to certain program and reporting duties of the Texas AgriLife Extension Service.

Relating to the provision of social security numbers by applicants for motor vehicle certificates of title.

Relating to the authority of the state to acquire, sell, or exchange certain land.

Relating to public school prekindergarten classes.

Relating to the licensing requirements for a foreign-trained physician applicant.

Relating to the compensation of the members of the board of port commissioners of the Port of Port Arthur Navigation District of Jefferson County.

Relating to the Texas State Library and Archives Commission.

Relating to the designation of a portion of U.S. Highway 59 as the Trooper Scott Burns Memorial Highway.

Relating to the regulation of nursing.

Relating to notifications to certain purchasers of real property that may be located in an area subject to a certificate of convenience and necessity for water or sewer service.

Relating to the purchase, donation, and sale of promotional items by the Texas Water Development Board.

Relating to memorial monuments on the Capitol grounds, including the Tejano monument.

Relating to the expenditure of public funds for certain playground facilities.

Relating to the creation by the Health and Human Services Commission of a volunteer advocate program for certain elderly individuals.

Relating to the conveyancing or transfer in this state of water imported into this state from a source located outside this state.

Relating to a transportation plan for persons furloughed or discharged from certain mental health facilities.

Relating to insurance charters and certificates of authority.

Relating to the establishment of the Interagency Literacy Council for the study, promotion, and enhancement of literacy in this state.

Relating to the establishment and operation of the unauthorized insurance guaranty fund.

Relating to rulemaking authority for administrative penalties assessed for violations of the Insurance Code.

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.

Relating to the territory of and the validation of certain governmental acts and proceedings of the Edwards Aquifer Authority.

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

Authorizing the lieutenant governor and speaker to appoint interim joint committees.

Memorializing Congress in support of establishing a veterans hospital in the Rio Grande Valley.

Expressing continued support for the establishment of a Juneteenth memorial monument on the grounds of the State Capitol at the location previously approved by the State Preservation Board.

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

Relating to the liability of an electric utility that allows recreational use of land that the utility owns, occupies, or leases.

Relating to audits of certain public retirement system actuarial valuations, studies, and reports.

Relating to the use of a tanning facility device by a minor.

Committee referral on the following:

Approving the system-wide settlement agreement with the United States Department of Justice resolving certain investigations of state mental retardation facilities.

Health & Human Services

Relating to the on-premises consumption of certain alcoholic beverages; providing a penalty.

Business & Commerce

Relating to criminal offenses applicable to gambling and gambling devices.

State Affairs

Relating to the creation of a commission to investigate and prevent wrongful convictions.

Criminal Justice

Relating to programs to provide student loan repayment assistance for certain correctional officers and for certain speech-language pathologists and audiologists.

Finance

Relating to prohibiting the investment of the permanent university fund in certain business entities doing business in Sudan.

Finance

Relating to net metering for retail electric service customers and compensation for excess electricity generated by a retail electric customer's on-site generator.

Business & Commerce

Relating to requirements for attorneys in fact under Lloyd's plans.

Business & Commerce

Relating to political contributions and expenditures; providing criminal penalties.

State Affairs

Relating to the participation of certain retired employees of juvenile probation departments in the group benefits plan for state employees.

State Affairs

Relating to performance incentive funding for public institutions of higher education and to recognition of certain student achievement on degree completion.

Higher Education

Relating to the board of directors of the Red Bluff Water Power Control District.

Natural Resources

Granting the Chishty family permission to sue the State of Texas, the Department of Aging and Disability Services, and the Denton State School.

Jurisprudence

Honoring Paul Cruz Moreno for his exemplary service to the State of Texas.

International Relations & Trade

Urging the United States Congress to enact legislation facilitating a technology-based solution that allows consumers to subscribe to Internet services that exclude adult content.

Economic Development

Urging congress to repeal the Government Pension Offset and the Windfall Elimination Provision of the Social Security Act.

State Affairs

Urging the United States Congress to maintain state regulatory coverage of hydraulic fracturing.

Natural Resources

Designating the Panhandle Region of Texas as an official Natural Renewable Resource Area.

Natural Resources

Memorializing the United States Congress to make eradication of the fever tick in South Texas a priority and provide appropriate funding and resources.

Natural Resources

Directing the State Preservation Board to amend its rules to allow the statue in honor of Tejanos to be placed on the south lawn of the Capitol.

Administration