HOUSE JOURNAL SEVENTY-FlRST LEGISLATURE, REGULAR SESSION PROCEEDINGS SEVENTY-FlFTH DAY- FRIDAY, MAY 19, 1989 The house met at II :30 a.m. and was called to order by the speaker. The roll of the house was called and a quorum was announced present (Record 383). Present - Mr. Speaker; Alexander; Arnold; Barton; Beauchamp; Berlanga; Blackwood; Blair; Brimer; Cain; Campbell; Carter; Cavazos; Chisum; Oemons; Colbert; Collazo; Conley; Connelly; Counts; Craddick; Crawford; Criss; Cuellar, H.; Cuellar, R.; Dan burg; Denton; Dutton; Earley; Edge; Edwards; Evans; Finnell; Fraser; Garcia; Gavin; Gibson; Glossbrenner; Goolsby; Granoff; Grusendorf; Guerrero; Haggerty; Hammond; Harris, C.; Harris, J.; Harrison; Heflin; Hightower; Hilbert; Hilderbran; Hill, A.; Hill, F.; Hill, P.; Hinojosa; Hollowell; Holzheauser, Hom; Hudson, D.; Hunter, B.; Hunter, T.; Hury; Jackson; Johnson, J.; Johnson, S.; Jones; Junell; Kubiak; Kuempel; Laney; Larry; Lewis, R.; Linebarger; Lucio; Luna, A.; Luna, G.; Madia; Marchant; Martinez; McCollough; McDonald; McKinney; McWilliams; Melton; Morales; Moreno, A.; Moreno, P.; Mowery; Oakley; Ovard; Park; Parker; Patterson; Pennington; Perez; Perry; Pierce; Pol umbo; Rangel; Repp; Richardson; Robinson; Robnett; Rodriguez; Rudd; Russell; Saunders; Schlueter; Schoolcraft; Seidlits; Shea; Shelley; Shine; Smith, A.; Smith, D.; Smith, R.; Smith, T.; Smithee; Soileau; Stiles; Swift; Tallas; Taylor; Telford; Thomas; Thompson, G.; Thompson, S.; Turner; Uher; Valigura; VanderVoort; Vowell; Wallace; Warner; Waterfield; Watkins; Wentworth; Williamson; Willis; Willy; Wilson; Wolens; Wright; Yost. Absent, Excused - Culberson; Delco; Eckels; Price. Absent- Hudson, S. INTRODUCTION OF GUESTS The speaker introduced Cebron and Ruth Higgins who were honored for their twenty-five years of service as foster parents. Mr. Higgins is a retired employee of the House of Representatives. LEA YES OF ABSENCE GRANTED On motion of Representative Hinojosa, and by unanimous consent, all members who were granted leaves of absence on the previous legislative day were granted leaves for this legislative day. RULES SUSPENDED Representative Hinojosa moved to suspend all necessary rules in order to take up and consider at this time, on third reading and final passage, the bills on the local and consent calendars which were considered on the previous legislative day. The motion prevailed without objection. LOCAL AND CONSENT BILLS CALENDARS ON THIRD READING The following bill which was considered on second reading on the previous legislative day on the local and consent bills calendars were laid before the house, read third time, and postponed: HB 2864 was read third time.
26
Embed
House Journal, 71-0, Friday May 19, 1989€¦ · HB 3085 contains provisions for the dedication of funds. Therefore, pursuant to Rule 5, Section 43(b), of the House Rules, question
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
HOUSE JOURNAL SEVENTY-FlRST LEGISLATURE, REGULAR SESSION
PROCEEDINGS
SEVENTY-FlFTH DAY- FRIDAY, MAY 19, 1989
The house met at II :30 a.m. and was called to order by the speaker. The roll of the house was called and a quorum was announced present
INTRODUCTION OF GUESTS The speaker introduced Cebron and Ruth Higgins who were honored for their
twenty-five years of service as foster parents. Mr. Higgins is a retired employee of the House of Representatives.
LEA YES OF ABSENCE GRANTED
On motion of Representative Hinojosa, and by unanimous consent, all members who were granted leaves of absence on the previous legislative day were granted leaves for this legislative day.
RULES SUSPENDED
Representative Hinojosa moved to suspend all necessary rules in order to take up and consider at this time, on third reading and final passage, the bills on the local and consent calendars which were considered on the previous legislative day.
The motion prevailed without objection.
LOCAL AND CONSENT BILLS CALENDARS ON THIRD READING
The following bill which was considered on second reading on the previous legislative day on the local and consent bills calendars were laid before the house, read third time, and postponed:
HB 2864 was read third time.
2094 7lst LEGISLATURE- REGULAR SESSION
Representative Guerrero moved that consideration of HB 2864 be postponed until Saturday, May 20, at 9 a.m.
The motion prevailed without objection.
LOCAL AND CONSENT BILLS CALENDARS ON THIRD READING
The following bills which were considered on second reading on the previous legislative day on the local and consent bills calendars were laid before the house, read third time, and passed by a voice vote: (Members registering votes are shown following bill number)
HB 2588
HB 3156
HB 3182
HB 3189
HB 59
HB 151
HB 775
HB 188
HB 319
HB 2786
HB 457
HB 590
HB 828
HB 2478
HB 2498
HB 1114
HB 2072 (Heflin- no)
HB 2132 (Finnell- present, not voting)
HB 1270
HB 1757
HB 1759
HB 1760
HB 1803 (Heflin - no)
HB 1926
HB 2185
HB 2356 (Heflin - no)
HB 2405
HB 2470
HB 2482
May 19, 1989
HB 2705
HB 2840 HB 2932
HOUSE JOURNAL
(Speaker pro tempore in the chair) HB 3101 (Heflin -no)
HB 3146 HB 186 (Finnell - no)
DIVISION OF QUESTION ON HB 3085
2095
HB 3085 contains provisions for the dedication of funds. Therefore, pursuant to Rule 5, Section 43(b), of the House Rules, the question will be divided on HB 3085 as follows:
The first vote will be a record vote on the revenue dedication provisions of the bill.
The second vote will be a division vote on the remainder of the bill. A record vote was requested. The revenue dedication provisions of HB 3085 were passed by
LEAVE OF ABSENCE GRANTED The following member was granted leave of absence for the remainder of today
because of important business: Swift on motion of Cavazos.
LOCAL AND CONSENT BILLS CALENDARS ON THIRD READING (consideralion continued)
The following bills which were considered on second reading on the previous legislative day on the local and consent bills calendars were laid before the house,
2096 71st LEGISLATURE- REGULAR SESSION
read third time, and passed by (Record 385): (Members registering votes and the results of the vote are shown following bill number) 138 Yeas, 0 Nays, 0 Present, not voting.
Absent - Mr. Speaker; Dutton; Evans; Hudson, S.; Vowell; Williamson.
HB 3126 ( 138-0-0)
HB 3153 (138-0-0)
SB 1800 (138-0-0)
HB 3155 (138-0-0)
HB 3173 (138-0-0)
HB 3174 (138-0-0)
HB 3178 (138-0-0)
HB 3179 (138-0-0)
HB 221 ( 138-0-0)
HB 405 (Repp and Helfin- no) (136-2-0)
HB 2420 (138-0-0)
HB 785 ( 138-0-0)
HB 969 (Heflin- no) (137-1-0)
HB 854 ( 138-0-0)
HB 878 ( 138-0-0)
HB 912 ( 138-0-0)
HB 2303 ( 138-0-0)
HB 1254 (138-0-0)
HB 1383 (138-0-0)
May 19, 1989
HB 1423 (138-0-0)
HB 1626 (138-0-0)
HB 1758 (138-0-0)
SB 783 ( 138-0-0)
HB 1801 ( 138-0-0)
HB 1948 ( 138-0-0)
HB 2046 ( 138-0-0)
SB 1031 ( 138-0-0)
HB 2481 ( 138-0-0)
HB 2541 (138-0-0)
HB 2575 (138-0-0)
HOUSE JOURNAL
HB 2629 (Finnell- present, not voting) (137..()..1)
HB 2791 (138-0-0)
HB 3190 (138-0-0)
HB 3088 (138-0-0)
HB 3151 (138-0-0)
HB 3196 (138-0-0)
HB 1299 (138-0-0)
2097
On motion of Representative Hinojosa and by unanimous consent, the captions of all senate bills passed on the local and consent calendars were ordered amended to conform with the body of the bills.
CSHB 2818 ON SECOND READING
The chair laid before the house, as postponed business, on its second reading and passage to engrossment, the complete committee substitute for HB 2818.
CSHB 2818, A bill to be entitled An Act relating to the establishment of pilot programs in family literacy and parents as teachers.
CSHB 2818 was read second tiine May 16 and was postponed until 9 a.m. today.
Representative C. Harris moved that consideration of CSHB 2818 be postponed until Saturday, May 20, at 9 a.m.
The motion prevailed without objection.
CSHB 2849 ON SECOND READING
The chair laid before the house, as postponed business, on its second reading and passage to engrossment, the complete committee substitute for HB 2849.
CSHB 2849, A bill to be entitled An Act relating to the ability of a county to construct and operate a parking station and where it may be located.
CSHB 2849 was read second time May 16 and was postponed until 9 a.m. today.
2098 7Ist LEGISLATURE- REGULAR SESSION
Representative Horn moved that consideration ofCSHB 2849 be postponed until Tuesday, May 23, at I 0 a.m.
The motion prevailed without objection.
SB 1777 ON SECOND READING (Rudd - House Sponsor)
The chair laid before the house, in lieu of HB 3166, on its second reading and passage to third reading,
SB 1777, A bill to be entitled An Act relating to the creation, administration, powers, duties, operation, and financing of the Yoakum County Underground Water Conservation District.
The bill was read second time.
Representative Yost offered the following committee amendment to the bill:
COMMITTEE AMENDMENT NO. I
Amend SB I 777 as follows: (I) On page I, line 7, strike "Yoakum County" and substitute "Sandy Land". (2) On page I, lines 15-16, strike "Yoakum County" and substitute "Sandy
Land".
Committee Amendment No. I was adopted without objection.
SB 1777, as amended, was passed to third reading.
HB 3166- LAID ON THE TABLE SUBJECT TO CALL
Representative Rudd moved that HB 3166 be laid on the table subject to call.
The motion prevailed without objection.
SB 1405 ON SECOND READING (Williamson- House Sponsor)
The chair laid before the house, as postponed business, on its second reading and passage to third reading, the complete committee substitute for SB 1405.
CSSB 1405, A bill to be entitled An Act relating to the membership and duties of the Texas Council on Offenders with Mental Impairments.
CSSB 1405 was read second time May 16 and was postponed until 9 a.m. today.
CSSB I 405 was passed to third reading.
HCR 139 - POSTPONED
Representative Colbert moved that consideration of HCR 139 be postponed until Saturday, May 20, at 9 a.m.
The motion prevailed without objection.
HB 1362 ON SECOND READING
The chair laid before the house, as postponed business, on its second reading and passage to engrossment,
HB 1362, A bill to be entitled An Act relating to the sale by the Texas Department of Public Safety to the city of Austin of certain real property in Travis County.
May 19, 1989 HOUSE JOURNAL 2099
The bill was read second time May 12 and postponed until May 16. On May 16 it was postponed until 9 a.m. today.
Representative Richardson moved that consideration of HB 1362 be postponed until Saturday, May 20, at 9 a.m.
The motion prevailed without objection.
HB 1363 ON SECOND READING
The chair laid before the house, as postponed business, on its second reading and passage to engrossment,
HB 1363, A bill to be entitled An Act relating to the sale by the Texas Department of Public Safety of cenain real property in Travis County.
The bill was read second time May 12 and was postponed until May 16. On May 16 the bill was postponed until 9 a.m. today.
Representative Richardson moved that consideration of HB 1363 be postponed until Saturday, May 20, at 9 a.m.
The motion prevailed without objection.
SB 1510 ON SECOND READING (Criss- House Sponsor)
The chair laid before the house, as postponed business, on its second reading and passage to third reading,
SB 1510, A bill to be entitled An Act relating to amending Section 87.201, Texas Education Code, to name the Texas Institute of Oceanography as a program of Texas A&M University at Galveston.
The bill was read second time May 16 and was postponed until May 17. On May 17 the bill was postponed until 9 a.m. today.
The bill was passed to third reading. (Heflin recorded voting no.)
SCR 48 - ADOPTED (Colbert - House Sponsor)
The chair laid before the house, in lieu of CSHCR 135, the following resolution:
SCR 48, Encouraging every school district to have a school psychologist.
Representative Rept;> offered the following amendment to the resolution:
On page I, lines 2, 7 and 20. insert the word "Public" before the word "Student"
The amendment was adopted without objection.
SCR 48, as amended, was adopted. (Ovard, Craddick, Repp, and Hollowell recorded voting no.)
CSHCR 135- LAID ON THE TABLE SUBJECT TO CALL
Representative Colbert moved that CSHCR 135 be laid on the table subject to call.
The motion prevailed without objection.
2100 7lst LEGISLATURE~ REGULAR SESSION
CSSB 769 ON SECOND READING (Berlanga - House Sponsor)
The chair laid before the house, as postponed business, on its second reading and passage to third reading, the complete committee substitute for SB 769.
CSSB 769, A bill to be entitled An Act relating to the adoption of certain regulations to encourage and require the use of natural gas and other alternative fuels; providing penalties.
· CSSB 769 was read second time May 18 and was postponed until 9 a.m. today.
CSSB 769 was passed to third reading. (Repp and Ovard recorded voting no.)
SB 946 ON SECOND READING (T. Smith- House Sponsor)
The chair laid before the house, as postponed business, on its second reading and passage to third reading,
SB 946, A bill to be entitled An Act relating to the criteria for enforceability of covenants not to compete and to certain procedures and remedies in actions to enforce those covenants.
The bill was read second time May 18 and was postponed until 9 a.m. today.
The bill was passed to third reading.
SB 1241 ON SECOND READING (T. Smith - House Sponsor)
The chair laid before the house, in lieu of CSHB 2497, on its second reading and passage to third reading,
SB 1241, A bill to be entitled An Act relating to certain agreements between home rule cities and The University of Texas System.
The bill was read second time and was passed to third reading.
CSHB 2497- LAID ON THE TABLE SUBJECT TO CALL
Representative T. Smith moved that CSHB 2497 be laid on the table subject to call.
The motion prevailed without objection.
SCR 25 - ADOPTED (Berlanga - House Sponsor)
The chair laid before the house, in lieu of HCR 105, the following resolution:
SCR 25, Directing the Legislative Budget Board to coordinate with the Job Training Partnership Act Monitoring Committee to ensure full use of federal JTPA funds in giving priority to dropout prevention programs.
The resolution was adopted without objection.
HCR 105- LAID ON THE TABLE SUBJECT TO CALL
Representative Culberson moved that HCR 105 be laid on the table subject to call.
The motion prevailed without objection.
May 19, 1989 HOUSE JOURNAL 2101
CSHJR 101 ON SECOND READING
The chair laid before the house, as postponed business, on its second reading and passage to engrossment, the complete committee substitute for HJR 101.
CSHJR 101, A joint resolution proposing a constitutional amendment authorizing the legislature to organize and combine various state agencies tbat perform criminal justice functions.
CSHJR 101 was read second time on May 18 and was postponed until9 a.m. today.
Representative Fraser offered the following committee amendment to CSHJR 101:
Amend CSHJRl01 on page I by striking lines 16-21 and substituting the following:
(b) The legislature by law may authorize the appointment of members of more than one department of government to serve on the governing body.
The amendment was adopted without objection.
A record vote was requested.
CSHJR 101, as amended, was adopted by (Record 386): 139 Yeas, 0 Nays, 0 Present, not voting.
Absent - Mr. Speaker; Hammond; Hudson, S.; Hury; Williamson.
MESSAGE FROM THE SENATE
Austin, Texas, May 19, 1989
The Honorable Speaker of the House of Representatives House Chamber
2102
The Honorable Mr. Speaker:
7lst LEGISLATURE- REGULAR SESSION
I am directed by the Senate to inform the House that the Senate has passed the following:
SCR 163 by Brooks, congratulating The University of Texas Board of Regents for rehabilitating the Ashbel Smith Building.
SCR 164 by Haley, designating the third Friday in January as Arbor Day. CSHB 318 by Denton, et al., relating to income eligibility for nursing home
care and community care. CSHB 582 by Garcia, relating to access to cenain mental health records. HB 972 by Smithee, relating to the penalty for the offense of tampering with
a consumer product. CSHB 737 by Kuempel, et al., relating to the regulation of home-care
companion hiring services. (amended) SB 805 by Zaffirini, relating to a requirement that persons placed on probation
and persons released on parole or mandatory supervision submit to testing for controlled substances.
SCR 106 by Truan, creating an interim task force to study methods of funding the "State Superfund" program.
Respectfully, Betty King Secretary of the Senate
HB 914 ON THIRD READING
The chair laid before the house, as postponed business, on its third reading and final passage,
HB 914, A bill to be entitled An Act relating to brackets establishing ranges of cash advances or balances to which cenain rates of charges apply in Article 3.15(1), Title 79, Revised Statutes (Article 5069-3.15(1), Vernon's Texas Civil Statutes).
HB 914 was read third time May 18 and was postponed until 9 a.m. today.
The bill was passed. (Richardson, Stiles, Telford, A. Moreno, R. Cuellar, and Warner recorded voting no.)
SB 1197 ON SECOND READING (Hinojosa - House Sponsor)
The chair laid before the house, in lieu of HB 2120, on its second reading and passage to third reading,
SB 1197, A bill to be entitled An Act relating to procedures regarding certain state agency orders and decisions.
The bill was read second time.
Representative A. Smith moved that consideration ofSB 1197 be postponed until Monday, May 22, at 2 p.m.
The motion prevailed without objection.
May 19, 1989 HOUSE JOURNAL 2103
HB 2120- LAID ON THE TABLE SUBJECI' TO CALL Representative A. Smith moved that HB 2120 be laid on the table subject to
call. The motion prevailed without objection.
SB 1673 ON SECOND READING (Harrison - House Sponsor)
The chair laid before the house, in lieu of CSHB 1763, on its second reading and passage to third reading,
SB 1673, A bill to be entitled An Act relating to the date and time of regular meetings of Water Control and Improvement Districts.
The bill was read second time. Representative Harrison offered the following amendment to the bill:
Amend SB 1673, by striking all below the enacting clause and substituting the following:
SECTION I. Section 51.095, Water Code, is amended to read as follows: Sec. 51.095. MEETINGS. (a) The board shall hold regular meetings at the
district office on a date selected by the board [the !iFSt Mend&y] in February, May, August, and November of each year [at Hl a.RI.) and may hold meetings at other times when required for the business of the district.
(b) Not laterthan the fifth day before the date of a regular board meeting, the district either shall publish notice of the meeting in a newspaper with general circulation in the district or post notice of the meeting at five different public places within the district. The notice must include the time, date, and place of the meeting.
{£2 Any person owning taxable property in the district may attend any meeting of the board and may present in an orderly manner matters for the board's consideration.
SECTION 2. Section 51.095(b), Water Code, as amended by this Act, applies only to a regular board meeting of a water control and improvement district ·that is held on or after the I Oth day after the effective date of this Act.
SECTION 3. 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 from and after its passage, and it is so enacted.
The amendment was adopted without objection.
SB 1673, as amended, was passed to third reading. CSHB 1763 - LAID ON THE TABLE SUBJECI' TO CALL
Representative Harrison moved that CSHB 1763 be laid on the table subject to call.
The motion prevailed without objection.
SB 1727 ON SECOND READING (Rudd - House Sponsor)
The chair laid before the house, in lieu of HB 3132, on its second reading and passage to third reading,
SB 1727, A bill to be entitled An Act relating to the creation, administration, powers, duties, operation, and financing of the Dawson County Underground Water Conservation District.
The bill was read second time.
2104 71st LEGISLATURE- REGULAR SESSION
Representative Yost offered the following committee amendment to the bill:
COMMITTEE AMENDMENT NO. I
Amend SB 1727 as follows: (I) On page !,line 7, strike "Dawson County" and substitute "Mesa". (2) On page I, lines 15-16, strike "Dawson County" and substitute "Mesa".
Committee Amendment No. I was adopted without objection.
SB 1727, as amended, was passed to third reading.
HB 3132- LAID ON THE TABLE SUBJECT TO CALL
Representative T. Smith moved that HB 3132 be laid on the table subject to call.
The motion prevailed without objection.
SB 312 ON SECOND READING (Schoolcraft - House Sponsor)
The chair laid before the house, as postponed business, on its second reading and passage to third reading,
SB 312, A bill to be entitled An Act relating to the provision of emergency medical services.
The bill was read second time May 10 and was postponed until May 17. On May 17 the bill was postponed until 10 a.m. today.
Representative Schoolcraft offered the following committee amendment to the bill:
COMMITTEE AMENDMENT NO. I
Amend SB 312 On page 8, line 6, strike the words "determined by the board" On page 8, line II, after "fee" strike "not to exceed" and add "of$75." On page 8, line 12, strike "an accumulated amount of$18.75" On page 8, line 15, after fee strike "not to exceed an accumulated amount" and add "of$50." On page 8, line 16, strike "of$12.50." On page 9, line 5, after examination." add "The board may adopt rules to allow a
rron who fails the examination to retake all or of the examination. A fee of 25 shall accompany an applicatiOn for reexamination.
On page 9, after line 9, add "The department shall charge a fee of$5.00 to replace a lost certificate. On page 9, line 12, after "provider", substitute the following:
"If the individual is required as a condition of employmentto be certified, then the emergency medical service provider shall pay for all fees n:guired by this section (except for a fee to replace a lost certificate) in addition to any other compensation paid to that individual if such provider is a municipality." On page 12, !me 13, replace the word "two" with the word "live". On page 12, line 14, after "equivalent", add: "Nothing in tltis Act shall prohibit an emergency medical services provider who uses volunteer EMS perronnel but has more than five paid staff to use the word 'volunteer' in advertising if the organization is composed of at least 75 per cent volunteer perronnel." On page 12, after line 14, add:
SECTION 5. Section 3.05, Emergency Medical Services Act (Article 4447o, Vernon's Texas Civil Statutes), is amended to read as follows:
May 19, 1989 HOUSE JOURNAL 2105
Sec. 3.05 LATE RECERTIFICATION. A perwn making application for recenification whose application is received [later than the 99th day] after the expiration date of the person's cenificate must pay a late fee of$25 in addition to the examination fee [meet the requiremeRt ef the initial eeF£ifteatien, iseh:uiiRg traiAiag ana fees in efreet en the Elate ef tfte BJ3J3lieatieR.] On page 12, line 15, replace "SECTION 5" with "SECTION 6". On page 13, line 4, replace "SECTION 6" with "SECTION 7". On page 14, line 23, replace "SECTION 7" with "SECTION 8". On page 16, line II, replace "SECTION 8" with "SECTION 9". On page 17, after line 8, add "Section 10. Section 3.16 Emergency Medical Services Act (Anicle 4447o, Vernon's Texas Civil Statutes), is amended to read as follows:
Sec. 3.16.
':'OLUP.lTARILY CERTJREQ Olti BFFECTIVE I:">lAo:TE OF ACT.] A person who is [, eluntaFil)] cenified by the depanment as a paramedic emergency medical technician, specially skilled emergency medical technician, or emergency care attendant or an EMS provider who has permitted EMS vehicles on the effective date of this Act ts considered to be cenified or to have an EMS provider license under this Act until the ex iration of the res 1ve certificate or vehtcle rmit. However, cenified EMS perwnnel [the ~ef!len is] are not subject to the cent cation fees provided in this Act until the expiration [er rene .. el] date or [IHo] cenification. On page 17, line 9, replace "SECTION 9" with "SECTION 11". On page 18, line 9, replace "SECTION 10" with "SECTION 12". On page 18, line I 0, replace "SECTION 11" with "SECTION 13".
Representative Schoolcraft offered the following amendment to Committee Amendment No. 1:
Amend Committee Amendment No. I to SB 312 on page 19 by striking lines 4-9 and substituting the following:
On page 8, lines II and 12, strike everything after the comma and substitute "a fee of$75, except that the fee is $47 until September I. 1991 [R<>I \6 e~eeeE!"" aeet:tmttltHefl &RlSt:tRt ef I 18.7§]; and".
On page 8, lines 15 and 16, strike everything after the comma and substitute "a fee of$50, except that the fee is $36 until September I, 1991 [B6tl6 eneeed &B aeel:lRntlatea amettftt eft 12.39]. ··.
The amendment was adopted without objection. Committee Amendment No. I, as amended, was adopted without objection. Representative Schoolcraft offered the following amendment to the bill: Amend SB 312 as follows: (I) On page 5, strike lines 7 and 8 and substitute "[.elunteer] provider who
is exempt from the payment of fees under Section 3.04(1) of this Act;". (2) On page 10, strike lines 20 and 21 and substitute "minimum standards
may be issued a provisional license. The department". (3) On page I 0, hnes 23 and 24, strike "who is in substantial compliance with
this Act and the rules adopted". (4) On page 10, line 25, betweenn,~j~~t"
2106 7lst LEGISLATURE- REGULAR SESSION
(7) On page 18, between lines 8 and 9, insert the following; "(e) The board shall adopt rules and criteria for unannounced inspections
authorized under this section. The department or its representative shall perform unannounced inspections in accordance with those rules and criteria."'.
The amendment was adopted without objection.
Representative Connelly offered the following amendment to the bill:
Amend SB 312 as follows: Page 3 • line 21 - strike line 21-line 24 Add • ( 18) "Emergency medical services volunteer provider" means an
emergency medical services which has at least 75% of the total personnel as volunteers, and is recognized as a Section 501 (C)(3) corporation as a non-profit organization by the Internal Revenue Service.
Change (18) to (19)
The amendment was adopted without objection.
SB 312, as amended, was passed to third reading.
SB 351 ON SECOND READING (McCollough • House Sponsor)
The chair laid before the house, as postponed business, on its second reading and passage to third reading,
SB 351, A bill to be entitled An Act relating to allowing a jury in a criminal case to separate before the rendering of a verdict.
The bill was read second time May 17 and was postponed until I 0 a.m. today.
The bill was passed to third reading.
HB 1187 • VOTE RECONSIDERED
Representative A. Luna moved to reconsider the vote by which HB 1187 was passed to engrossment on May 12.
The motion prevailed without objection.
SB 1483 ON SECOND READING (A. Luna • House Sponsor)
The chair laid before the house, in lieu ofHB 1187, on its second reading and passage to third reading,
SB 1483, A bill to be entitled An Act amending the municipal civil service act.
The bill was read second time and was passed to third reading. (Patterson recorded voting no.)
HB 1187- LAID ON THE TABLE SUBJECf TO CALL
Representative A. Luna moved that HB 1187 be laid on the table subject to call.
The motion prevailed without objection.
SB 820 ON SECOND READING (Hinojosa - House Sponsor)
The chair laid before the house, in lieu ofCSHB 1940, on its second reading and passage to third reading,
May 19, 1989 HOUSE JOURNAL 2107
SB 820, A bill to be entitled An Act relating to tbe creation of and issuance of bonds by public facility corporations to purchase the obligations of certain sponsoring local governmental entities.
The bill was read second time.
Representative A. Luna raised a point of order against further consideration ofSB 820 on the grounds tbat the bill violates Rule 4, Section 33(c), of the House Rules.
The chair sustained the point of order.
CSHB 1940- LAID ON THE TABLE SUBJECT TO CALL
Representative Hinojosa moved that CSHB 1940 be laid on the table subject to call.
The motion prevailed without objection.
HB 2638 ON THIRD READING
The chair laid before tbe house on its third reading and final passage,
HB 2638, A bill to be entitled An Act relating to a savings and loan association liquidating agent.
The bill was read third time.
Representative A. Moreno moved that consideration of HB 2638 be postponed until I :30 p.m. today.
The motion prevailed without objection.
HB 884 ON THIRD READING
The chair laid before the house on its third reading and final passage,
HB 884, A bill to be entitled An Act relating to textbooks and to the continuation, membership, operation, and administration of the State Textbook Committee.
The bill was read third time and was passed. (McDonald recorded voting present, not voting.)
SB 1019 ON THIRD READING (Glossbrenner- House Sponsor)
The chair laid before the house on its third reading and final passage,
SB 1019, A bill to be entitled An Act relating to the funding of elementary and secondary education.
A record vote was requested.
The bill was read third time and was passed by (Record 387): 116 Yeas, 22 Nays, I Present, not voting.
Absent - Mr. Speaker; Oakley; Saunders; Williamson; Willis.
STATEMENT BY REPRESENTATIVE MORALES
I was shown voting yes on Record No. 387. I intended to vote no.
Reason for Vote
Morales
Mr. Warner affirms: I voted against SB 1019 on third reading today since it provides wholly inadequate funding for Santa Maria, Harlingen, San Benito, Los Fresnos, La Feria and similarly situated poor districts throughout Texas.
Warner
HB 965 ON SECOND READING
The chair laid before the house on its second reading and passage to engrossment,
HB 965, A bill to be entitled An Act relating to deceptive trade practices and consumer protection.
The bill was read second time.
Representative C. Harris moved that consideration of HB 965 be postponed until Saturday, May 20, at 9 a.m.
The motion prevailed without objection.
HB 1901 ON SECOND READING
The chair laid before the house on its second reading and passage to third reading, the complete committee substitute for HB 1901.
CSHB 1901, A bill to be entitled An Act relating to education, testing, counseling, policies, medical records, disclosure of information, prevention, control, and treatment concerning acquired immune deficiency syndrome and human immunodeficiency virus infection, and other communicable diseases; providing penalties.
CSHB 1901 was read second time.
Representative McKinney raised a point of order against further consideration of CSHB 1901 on the grounds that the committee substitute violates Rule 12, Sections 2 and 3, of the House Rules.
The speaker overruled the point of order.
May 19, 1989 HOUSE JOURNAL 2109
MESSAGE FROM THE SENATE
Austin, Texas, May 19, 1989
The Honorable Speaker of the House of Representatives House Chamber
The Honorable Mr. Speaker:
I am directed by the Senate to inform the House that the Senate has passed the following:
HCR 283 by T. Hunter, designating the Texas Jazz Festival in Corpus Christi as the Official Jazz Festival of Texas.
CSHB 2335 by Hightower, relating to reform of the criminal justice system. (amended)
I am directed by the Senate to inform the House that the Senate has refused to concur in House Amendments to SB 843 and requests the appointment of a Conference Committee to adjust the differences between the two Houses.
The following have been appointed on the part of the Senate: Senators Uribe. Barrientos, Parmer, Whitmire and Carriker.
I am directed by the Senate to inform the House that the Senate has granted the request of the House for a Conference Committee to adjust the differences between the two Houses on HB 340.
The following have been appointed on the part ofthe Senate: Senators Haley, Barrientos, Harris, Sims, and McFarland.
I am directed by the Senate to inform the House that the Senate has granted the request of the House for a Conference Committee to adjust the differences between the two Houses on HB 563.
The following have been appointed on the part of the Senate: Senators Barrientos, Whitmire, Carriker, Tejeda, and Washington.
I am directed by the Senate to inform the House that the Senate has granted the request of the House for a Conference Committee to adjust the differences between the two Houses on HB 248.
The following have been appointed on the part of the Senate: Senators Parker, Montford. Armbrister, Caperton, and Green.
I am directed by the Senate to inform the House that the Senate has refused to concur in House Amendments to SB 479 and requests the appointment of a Conference Committee to adjust the differences between the two Houses.
The following have been appointed on the part of the Senate: Senators Barrientos_. Edwards, Lyon, Parmer, and Washington.
I am directed by the Senate to inform the House that the Senate has refused to concur in House Amendments to SB 452 and requests the appointment of a Conference Committee to adjust the differences between the two Houses.
2110 7lst LEGISLATURE- REGULAR SESSION
The following have been appointed on the part ofthe Senate: Senators Krier, Glasgow, Bivins, Parker, and Washington.
Respectfully, Betty King Secretary of the Senate
CSHB 1901 -(consideration continued)
. Representative Wright offered the following amendment to CSHB 1901:
Amend CSHB 1901 to read as follows: (I) On page 7, line 23, between "grant" and the period, insert "or grants
totalling in excess of$10,000 annually". (2) On page 16, between lines 25 and 26, insert a new Subsection (e) to read
as follows: (e) The department may contract for training of counselors. (3) On page 22, line II, strike "the immune deficiencies of'. (4) On page 26, strike lines 18-26. (5) On page 26, line 27, strike "Sec. 6." and substitute "Sec. 5.". (6) On page 27, lines 9-18, strike Section 5 of the bill. (7) On page 30, lines !9-27, strike Section 9 of the bill. (8) On page 32, line3, strike "has, has been exposed to," and substitute "has". (9) On page 32, line 12, strike "had, had been exposed to," and substitute
"had". -(1 0) Renumber the sections of the bill appropriately.
The amendment was adopted without objection.
Representative Willy offered the following amendment to CSHB 1901:
Amend CSHB I 90 I as follows: (I) On page 35, strike lines 15-17. (2) On page 35, line 18, strike"!!!)" and substitute"(£)".
The amendment was adopted without objection.
Representative Oemons moved that consideration of CSHB 1901 be postponed until Tuesday, May 23, at 8 a.m.
The motion prevailed without objection.
HB 2638 ON THIRD READING
The chair laid before the house, as postponed business, on its third reading and final passage,
HB 2638, A bill to be entitled An Act relating to a savings and loan association liquidating agent.
The bill was read third time earlier today and was postponed until 1:30 p.m.
Representative A. Moreno offered the following amendment to the bill:
Amend HB 2638 by striking line 27 on page 3 and substituting the following: (Q The appointment of or the action of a receiver under this section does not
The amendment was adopted without objection.
A record vote was requested.
HB 2638, as amended, was passed by (Record 388): !37 Yeas, 0 Nays, 2 Present, not voting.
Absent - Mr. Speaker; Clemons; Park; Rudd; Williamson.
HB 1689 ON SECOND READING
The chair laid before the house on its second reading and passage to engrossment, the complete committee substitute for HB 1689.
CSHB 1689, A bill to be entitled An Act making appropriations for and directing payment of certain miscellaneous claims and judgments out of funds designated herein; requiring approval of the claims in the manner specified in this Act before payment is made.
CSHB 1689 was read second time and was passed to engrossment. (Richardson recorded voting present, not voting.)
SB 1046 ON SECOND READING (Laney- House Sponsor)
The chair laid before the house on its second reading and passage to third reading, the complete committee substitute for SB 1046.
CSSB 1046, A bill to be entitled An Act relating to nonsubstantive additions to and corrections in enacted codes.
CSSB 1046 was read second time and was passed to third reading.
BILLS SIGNED BY THE SPEAKER
The chair announced that the speaker signed in the presence of the house, after giving due notice thereof, the following enrolled bills:
The speaker laid before the house on its third reading and final passage,
HB 44, A bill to be entitled An Act relating to the movement of traffic on multiple-Janed roadways.
2112 7lst LEGISLATURE- REGULAR SESSION
The bill was read third time.
Representative Edge moved that consideration of HB 44 be postponed until Saturday, May 20, at 9 a.m.
The motion prevailed without objection.
HB 2211 ON THIRD READING
The speaker laid before the house on its third reading and final passage,
HB 2211, A bill to be entitled An Act relating to the compensation of cenain prosecutors.
The bill was read third time and was passed.
HB 1425 ON THIRD READING
The speaker laid before the house on its third reading and final passage,
HB 1425, A bill to be entitled An Act relating to the application of sales and use taxes to certain computer programming services.
The bill was read third time and was passed.
HB 2140 ON THIRD READING
The speaker laid before the house on its third reading and final passage,
HB 2140, A bill to be entitled An Act relating to benefits and rates under the Texas Employees Uniform Group Insurance Program.
The bill was read third time and was passed.
HB 2169 ON THIRD READING
The speaker laid before the house on its third reading and final passage,
HB 2169, A bill to be entitled An Act relating to a solid waste disposal fee and other fees charged by the Texas Depanment of Health.
The bill was read third time.
Representative Saunders offered the following amendment to the bill:
Amend HB 2169 as follows: On page 3 line 25 add the following after "this act." Such programs shall include the monitoring of landfill extension by "ihe restriction of landscape waste in ongoing municipal com posting operations already in place in this state. The depanment shall repon to the 72nd Legislature on the progress of this program as regards to volume reduction, costs of implementation and operation, marketability of product and landfill extension. The repon shall cover a full fiscal year of the municipalities' operation.
The amendment was adopted without objection.
HB 2169, as amended, was passed.
HB 2485 ON THIRD READING
The speaker laid before the house on its third reading and final passage,
HB 2485, A bill to be entitled An Act relating to the conversion, creation, establishment, administration, powers, duties, operations, including toll road financing and operation, financing, bond and taxing authority, and dissolution of certain road districts.
May 19. 1989 HOUSE JOURNAL 2113
The bill was read third time.
Representative McCollough offered the following amendment to the bill:
Amend HB 2485 as follows: (I) On page I, strike line 13 and substitute the following: "Section 12A. (a) This section applies only to a county with a population of
175,000 or more, according to the most recent federal decennial census." (b) In this section:" (2) On page 2, line 8, strike "(b)(l )" and substitute "(c)(l )". (3) On page 5, line 17, strike "(c)(!)" and substitute "(d)(l)". (4) On page 7, line 2, strike "(d)( I)" and substitute "(e)( I)". (5) On page II, line 2, strike "(e)" and substitute "(f)".
The amendment was adopted without objection.
A record vote was requested.
HB 2485, as amended, was passed by (Record 389): 123 Yeas, 7 Nays, I Present, not voting.
I was shown voting no on Record No. 389. I intended to vote yes.
McCollough
STATEMENT BY REPRESENTATIVE STILES
I was shown voting no on Record No. 389. I intended to vote yes.
Stiles
2114 71st LEGISLATURE- REGULAR SESSION
HB 2336 ON THIRD READING
The speaker laid before the house on its third reading and final passage,
HB 2336, A bill to be entitled An Act relating to the issuance of a driver's license for essential need.
The bill was read third time and was passed.
HB 2277 ON THIRD READING
The speaker laid before the house on its third reading and final passage,
HB 2277, A bill to be entitled An Act relating to sales tax on certain food products.
The bill was read third time and was passed.
HB 1770 ON THIRD READING
The speaker laid before the house on its third reading and final passage,
HB 1770, A bill to be entitled An Act relating to a requirement that the Texas Department of Human Services provide medical care for children born while the mother is imprisoned in the Texas Department of Corrections.
The bill was read third time and was passed.
HB 2803 ON THIRD READING
The speaker laid before the house on its third reading and final passage,
HB 2803, A bill to be entitled An Act relating to creation of the Texas capital access fund and the economic development of the state.
The bill was read third time and was passed. (Heflin recorded voting no.)
HB 1849 ON THIRD READING
The speaker laid before the house on its third reading and final passage,
HB 1849, A bill to be entitled An Act relating to the availability of consumer infonnation in a phannacy.
The bill was read third time and was passed. (Telford recorded voting no.)
HB 1808 ON THIRD READING
The speaker laid before the house on its third reading and final passage,
HB 1808, A bill to be entitled An Act relating to the regulation of water and sewer utilities; providing admi~istrative and civil penalties.
The bill was read third time and was passed.
HB 4S ON THIRD READING
The speaker laid before the house on its third reading and final passage,
HB 45, A bill to be entitled An Act relating to the creation of the offense of aggravated robbery or'an elderly person.
The bill was .read third time and was passed.
May 19, 1989 HOUSE JOURNAL 2115
HB 3160 ON THIRD READING
The speaker laid before the house on its third reading and final passage,
HB 3160, A bill to be entitled An Act relating to the creation, administration, powers, duties, operation, financing, and dissolution of municipal management districts and the power of certain entities to contract with the district.
A record vote was requested.
The bill was read third time and was passed by (Record 390): 130 Yeas, I Nay, I Present, not voting.