SENATE JOURNAL EIGHTY-FIRST LEGISLATURE REGULAR SESSION AUSTIN, TEXAS PROCEEDINGS

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1 SENATE JOURNAL EIGHTY-FIRST LEGISLATURE REGULAR SESSION AUSTIN, TEXAS PROCEEDINGS FIFTY-SEVENTH DAY (Wednesday, May 13, 2009) The Senate met at 11:09 a.m. pursuant to adjournment and was called to order by the President. The roll was called and the following Senators were present:iiaveritt, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Seliger, Shapiro, Shapleigh, Uresti, VanideiPutte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini. The President announced that a quorum of the Senate was present. The Reverend Keith Born, Immanuel Lutheran Church, Pflugerville, offered the invocation as follows: Dear heavenly Father, bless these men and women of the Senate Chamber of Texas and all of our elected leaders so that in their debates and deliberations concerns are addressed and needs are met for all the people of our state. Strengthen them in their efforts and enable them as well as all of us to make ourselves available to opportunities for service to others. Today, I offer special prayers for Representative Edmund Kuempel, guide the medical personnel caring for him and bring him back to his family and his vocation healthy and whole. I offer this prayer in Your most holy name. Amen. Senator Whitmire moved that the reading of the Journal of the proceedings of yesterday be dispensed with and the Journal be approved as printed. The motion prevailed without objection. CO-AUTHOR OF SENATE BILL 1317 On motion of Senator Wentworth, Senator Lucio will be shown as Co-author of SBi1317. CO-AUTHOR OF SENATE BILL 2469 On motion of Senator Hinojosa, Senator Lucio will be shown as Co-author of SBi2469.

2 st Legislature Regular Session 57th Day CO-SPONSOR OF HOUSE BILL 3429 On motion of Senator VanideiPutte, Senator Uresti will be shown as Co-sponsor of HBi3429. CO-SPONSOR OF HOUSE BILL 3674 On motion of Senator Nelson, Senator Shapleigh will be shown as Co-sponsor of HBi3674. MESSAGE FROM THE HOUSE HOUSE CHAMBER Austin, Texas May 13, 2009 The Honorable President of the Senate Senate Chamber Austin, Texas Mr. President: I am directed by the House to inform the Senate that the House has taken the following action: THE HOUSE HAS PASSED THE FOLLOWING MEASURES: HB 119, Relating to the terms of court for the 110th District Court. HB 121, Relating to the fee for issuance of specialty license plates to certain wounded peace officers and to the families of certain peace officers killed in the line of duty. HB 150, Relating to the application of the sales and use tax to the sale of certain food products sold at school events. HB 229, Relating to the construction, installation, alteration, extension, servicing, maintenance, or repair of on-site sewage disposal systems. HB 230, Relating to exempting certain schools, nonprofit athletic or sports associations, municipally owned facilities, summer camps, places of worship, and fairgrounds from certain demand charges by transmission and distribution utilities. HB 240, Relating to the appointment of members to the governing body of a political subdivision. HB 258, Relating to the date on which a declaration of write-in candidacy must be filed. HB 269, Relating to course credit for certain students at a public institution of higher education. HB 315, Relating to the instruction of American Sign Language in public high schools. HB 397, Relating to rules regarding return of service. HB 544, Relating to the filing of an application for a place on the general primary election ballot.

3 Wednesday, May 13, 2009 SENATE JOURNAL 2311 HB 563, Relating to the evaluation of applications for certain financial assistance administered by the Texas Department of Housing and Community Affairs. HB 585, Relating to records related to an estate of a decedent or incapacitated person. HB 587, Relating to the payment of attorney s fees to an attorney representing an applicant for the appointment of a guardian. HB 640, Relating to personnel records of a deputy sheriff in certain counties. HB 746, Relating to expanding the availability of classrooms and other facilities for use by public colleges and universities. HB 781, Relating to the Electra Hospital District. HB 805, Relating to the definitions of police vehicle and authorized emergency vehicle for the purposes of certain traffic laws. HB 1052, Relating to the creation, powers, and duties of film districts. HB 1117, Relating to ballot instructions. HB 1182, Relating to the administration and purposes of the system benefit fund and the eligibility of customers for benefits under certain programs financed by the system benefit fund and other programs. HB 1193, Relating to ballot certification of a political party presidential candidate. HB 1218, Relating to a pilot project to exchange secure electronic health information between the Health and Human Services Commission and local or regional health information exchanges. HB 1259, Relating to hiring outside legal counsel to provide legal services to the Teacher Retirement System of Texas. HB 1275, Relating to the authority to impose a county hotel occupancy tax. HB 1375, Relating to staff development training for certain public school personnel regarding student disciplinary procedures. HB 1448, Relating to the requirements for voter registration. HB 1470, Relating to notification regarding entitlement of school district employees to leave time in circumstances involving assault. HB 1472, Relating to the offense of cruelty to nonlivestock animals. HB 1597, Relating to the creation of the Fort Bend County Municipal Utility District No. 202; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain. HB 1600, Relating to the creation of the Fort Bend County Municipal Utility District No. 201; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain. HB 1601, Relating to the creation of the Waller County Municipal Utility District No. 13; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain.

4 st Legislature Regular Session 57th Day HB 1654, Relating to the appointment of high school deputy registrars. HB 1691, Relating to the creation of the Waller County Municipal Utility District No. 14; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain. HB 1779, Relating to education and examination requirements for the issuance of a driver s license to certain persons. HB 1841, Relating to the creation of the XS Ranch Municipal Utility District; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain. HB 1872, Relating to the creation of additional judicial districts in Bexar County. HB 2057, Relating to an optional county fee on registration of a vehicle in certain counties. HB 2153, Relating to certain registration requirements imposed on sex offenders. HB 2181, Relating to the computation of a person s age under the Election Code. HB 2248, Relating to an emergency management plan for certain health care facilities. HB 2284, Relating to the ad valorem taxation of property owned by certain organizations and used to provide affordable housing. HB 2346, Relating to the removal of illegally parked vehicles from residential parking permit areas in certain municipalities. HB 2348, Relating to a contract between a water district and a municipality for the provision of fire-fighting services in certain counties. HB 2368, Relating to trusts. HB 2425, Relating to engineering recruitment programs at public or private institutions of higher education and to certain degree programs at public junior colleges. HB 2524, Relating to the accuracy, security, and reliability of certain electronic voting systems. HB 2585, Relating to digital or electronic signatures and witness signatures on advance directives. HB 2654, Relating to imposition of the motor vehicle sales tax on motor vehicles transferred as the result of a gift. HB 2703, Relating to classification of a prekindergarten or kindergarten student who is retained at the request of the student s parent. HB 2732, Relating to the regulation of barking dogs by certain counties as a nuisance. HB 2740, Relating to the licensing and regulation of youth camps. HB 2767, Relating to the issuance of specialty license plates for municipal judges and justices of the peace.

5 Wednesday, May 13, 2009 SENATE JOURNAL 2313 HB 2941, Relating to the disclosure of certain ad valorem tax appraisal information and other confidential information. HB 3044, Relating to the registration of certain vehicles used to provide emergency incident rehabilitation services. HB 3075, Relating to the designation of convenience signers on certain accounts established at financial institutions. HB 3085, Relating to the independent administration of a decedent s estate. HB 3173, Relating to the statewide plan for delivery of services to public school students with disabilities and resources for teachers of public school students with special health needs. HB 3180, Relating to the licensing and regulation of commercial dog and cat breeders and the regulation of dog and cat dealers; providing penalties. HB 3215, Relating to the establishment of a down payment assistance program for certain professional educators by the Texas State Affordable Housing Corporation. HB 3220, Relating to the applicability of certain laws to open-enrollment charter schools. HB 3221, Relating to required notification by an insurer before automatic premium payments may be increased. HB 3224, Relating to the prosecution and punishment of the offense of arson. HB 3417, Relating to the jurisdiction of criminal law hearing officers in Cameron County. HB 3425, Relating to the use of municipal hotel occupancy taxes. HB 3485, Relating to the administration of certain county services and duties, including the administration of county assistance districts. HB 3628, Relating to the date by which the executive director of the Texas Department of Licensing and Regulation must require compliance with certain elevator safety standards. HB 3646, Relating to public school finance. HB 3653, Relating to the use of restraints to control the movement of pregnant women and female children confined in certain correctional facilities in this state. HB 3666, Relating to the application for and issuance of a marriage license. HB 3691, Relating to shipping coordination services for state agencies. HB 3708, Relating to the appointment and qualifications of bailiffs for certain courts in Cameron County. HB 3768, Relating to title insurance coverage of property transferred into an inter vivos trust. HB 3896, Relating to the authority of the governing body of a municipality or the commissioners court of a county to enter into an ad valorem tax abatement agreement.

6 st Legislature Regular Session 57th Day HB 3907, Relating to the court-ordered administration of psychoactive medication to certain criminal defendants and to the release of those defendants from certain facilities. HB 3989, Relating to the waiver of state park entrance fees for certain persons. HB 4067, Relating to the creation of the Bureau for Economic Development of the Border Region. HB 4106, Relating to information and assistance provided by the chief appraiser to emergency management authorities. HB 4128, Relating to the eligibility of certain Texas Rangers for burial in the state cemetery. HB 4186, Relating to weight limits on a vehicle loaded with certain agricultural products. HB 4189, Relating to the conduct of compliance programs by institutions of higher education. HB 4193, Relating to a joint election for trustees of an independent school board. HB 4229, Relating to the award of attorney s fees in a judicial appeal of certain ad valorem tax determinations. HB 4230, Relating to the rescheduling of a hearing before an appraisal review board. HB 4295, Relating to the right of certain municipalities to maintain local control over wages, hours, and other terms and conditions of employment. HB 4426, Relating to authorizing a suit to declare that certain young people have been abused, neglected, or abandoned and extending the jurisdiction of certain courts making such a declaration. HB 4433, Relating to an exemption from the severance tax for certain gas and oil produced. HB 4440, Relating to a study by the attorney general of the effects on state law and authority of certain international and other agreements and bodies. HB 4456, Relating to the definition of a switchblade knife for purposes of the offense of prohibited weapons. HB 4493, Relating to contracts awarded through competitive bidding by certain port and harbor facilities. HB 4533, Relating to the conduct of charitable poker runs by certain nonprofit organizations. HB 4542, Relating to the exercise of urban renewal powers by certain counties. HB 4594, Relating to permits for the movement of oversize and overweight vehicles in a certain county. HB 4722, Relating to the creation of the Harris County Improvement District No. 11; providing authority to impose a tax and issue bonds. HB 4745, Relating to the Lockney General Hospital District.

7 Wednesday, May 13, 2009 SENATE JOURNAL 2315 HB 4757, Relating to the creation of the Montgomery County Municipal Utility District No. 118; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain. HB 4772, Relating to the creation of the Bastrop County Municipal Utility District No. 2; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain. HB 4773, Relating to the creation of Chambers County Improvement District No. 2; providing authority to levy an assessment, impose a tax, and issue bonds; granting a limited power of eminent domain. HB 4774, Relating to the creation of the Chambers County Improvement District No. 3; granting road powers; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain. HB 4781, Relating to the imposition and rate of the county hotel occupancy tax in certain counties. HB 4784, Relating to the creation of the Harris County Municipal Utility District No. 524; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain. HB 4790, Relating to the creation of the Brown s Ranch Municipal Utility District No. 1 of Grayson County; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain. HB 4795, Relating to territory included in, and the validation of acts of, the Harris County Improvement District No. 10 and the Harris County Improvement District No. 10B; changing the name of the Harris County Improvement District No. 10B. HB 4802, Relating to the creation of the Liberty County Municipal Utility District No. 6; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain. HB 4810, Relating to the creation of the Comal County Water Control and Improvement District No. 5; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain. HB 4811, Relating to the creation of the Comal County Water Control and Improvement District No. 6; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain. HB 4825, Relating to the creation of the Driftwood Economic Development Municipal Management District; providing authority to impose a tax. HCR 152, Requesting the lieutenant governor and the speaker of the house of representatives to provide for a joint interim legislative study on the availability of medical treatment for patients with Lyme diseases in Texas. HCR 161, Granting John Cook permission to sue the Benbrook Water Authority. SB 434, Relating to the establishment and operation of a public transit motor-bus-only lane pilot program in certain counties. (Committee Substitute)

8 st Legislature Regular Session 57th Day SB 473, Relating to an intercollegiate athletics fee at the University of North Texas. SB 481, Relating to safety regulations for certain contract carriers. SB 526, Relating to grants for federally qualified health centers. SB 547, Relating to transition to competition in the Southwestern Electric Power Company service area. SB 727, Relating to the creation of DNA records for the DNA database system. (Amended) SB 820, Relating to the adoption and amendment of model building codes by certain municipalities. SB 858, Relating to offering the classroom portion of a driver education course through an alternative method of instruction. SB 917, Relating to the definition of charitable trust for purposes of court jurisdiction. SB 918, Relating to attorney general participation in proceedings involving charitable trusts. SB 935, Relating to authorizing a judge of a municipal court to conduct a marriage ceremony. SB 1047, Relating to the procurement methods authorized for public projects by a combined municipally owned electric, water, and wastewater utility situated in an economically distressed area within 30 miles of the Lower Texas Gulf Coast. SB 1103, Relating to the use of a perpetual trust fund for a cemetery by certain municipalities. SB 1105, Relating to the authority of certain municipalities to extend the termination date for a reinvestment zone created under the Tax Increment Financing Act. SB 1121, Relating to the retrieval and waste of game birds, game animals, and fish; providing a penalty. SB 1122, Relating to the requirement to keep records of game bird or animal carcasses placed in a cold storage or processing facility. (Committee Substitute) SB 1163, Relating to the penalties for theft of cattle, horses, exotic livestock, exotic fowl, sheep, swine, or goats. SB 1224, Relating to a waiver of fees imposed for certain expunctions. SB 1237, Relating to the authority of certain juvenile probation officers to carry firearms. (Amended) SB 1259, Relating to the storage of records by the clerks of the supreme court and the courts of appeals. (Amended) SB 1274, Relating to the summoning of jurors to justice of the peace courts in certain counties.

9 Wednesday, May 13, 2009 SENATE JOURNAL 2317 SB 1295, Relating to the creation of the Aliana Management District; providing authority to impose a tax and issue bonds. SB 1360, Relating to the deadlines for commencement and completion of the Lake Columbia reservoir project. SB 1638, Relating to the powers of a recreation district board in a county with frontage on the Guadalupe and Comal Rivers. SB 1832, Relating to the eligibility for judge-ordered community supervision or for release on parole or to mandatory supervision of a defendant convicted of criminal solicitation of capital murder. SB 1919, Relating to the requirements for recording a property owners association management certificate. SB 2052, Relating to projects that may be undertaken by development corporations for the development, retention, or expansion of certain transportation facilities. SB 2134, Relating to the composition and voting procedures of the Comal County Juvenile Board. SB 2298, Relating to compensation of certain state employees. (Amended) Respectfully, /s/robert Haney, Chief Clerk House of Representatives BILLS AND RESOLUTIONS SIGNED The President announced the signing of the following enrolled bills and resolutions in the presence of the Senate after the captions had been read: SBi1966, HBi875, HBi1282, HBi1454, HBi1813, HBi1963, HCRi88, HCRi214. INTRODUCTION OF BILLS AND RESOLUTIONS POSTPONED The President announced that the introduction of bills and resolutions on first reading would be postponed until the end of today s session. There was no objection. CONCLUSION OF MORNING CALL The President at 11:15ia.m. announced the conclusion of morning call. COMMITTEEiiSUBSTITUTE SENATE BILL 2563 ON SECOND READING On motion of Senator Deuell and by unanimous consent, the regular order of business was suspended to take up for consideration CSSBi2563 at this time on its second reading: CSSB 2563, Relating to the creation of an additional county court at law in Kaufman County.

10 st Legislature Regular Session 57th Day The bill was read second time and was passed to engrossment by a viva voce vote. All Members are deemed to have voted "Yea" on the passage to engrossment. COMMITTEEiiSUBSTITUTE SENATE BILL 2563 ON THIRD READING Senator Deuell moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi2563 be placed on its third reading and final passage. The motion prevailed by the following vote:iiyeasi31, Naysi0. The bill was read third time and was passed by the following vote:iiyeasi31, Naysi0. PHYSICIAN OF THE DAY Senator Ogden was recognized and presented Dr. Daniel Voss of Georgetown as the Physician of the Day. The Senate welcomed Dr. Voss and thanked him for his participation in the Physician of the Day program sponsored by the Texas Academy of Family Physicians. GUESTS PRESENTED Senator Huffman was recognized and introduced to the Senate students and their teachers from Helms Community Learning Center in Houston. The Senate welcomed its guests. SENATE RESOLUTION 800 Senator Carona offered the following resolution: WHEREAS, The Senate of the State of Texas is pleased to recognize the Dallas music group The Nightcaps, who are celebrating their 50th year in show business with a performance at the Lakewood Theater on May 29, 2009; and WHEREAS, This rhythm and blues group was formed in Dallas in 1959; current members of the group include original members Billy Joe Shine and Gene Haufler, Denny Mills, who joined The Nightcaps in 1962, Lenny Mills, who joined the group in 1968, and Mark Minton, who joined in 1997; and WHEREAS, The Nightcaps first big hit was "Wine, Wine, Wine," recorded in 1960; the song was listed in the April, 2002, edition of Texas Monthly magazine as one of the best 100 songs in Texas music history; and WHEREAS, The group s second hit was "Thunderbird," a song for which Jimmie Vaughan would later name his group and which would be included in ZZ Top s Fandango album; and WHEREAS, The Nightcaps became fixtures in the Dallas music scene and had an enormous influence on blues music and the rhythm and blues acts that would follow them; they do indeed deserve recognition for their enduring talent and for providing the public with half a century of first-rate musical entertainment; now, therefore, be it

11 Wednesday, May 13, 2009 SENATE JOURNAL 2319 RESOLVED, That the Senate of the State of Texas, 81st Legislature, hereby congratulate members of The Nightcaps on their 50th year as a top Dallas performing group and extend to all best wishes for continuing success; and, be it further RESOLVED, That a copy of this Resolution be prepared for The Nightcaps as a token of esteem from the Texas Senate. SHAPIRO CARONA SR 800 was read and was adopted without objection. GUESTS PRESENTED Senator Carona, joined by Senator Shapiro, was recognized and introduced to the Senate the members of the Dallas music group, The Nightcaps. The Senate welcomed its guests. GUESTS PRESENTED Senator Ellis was recognized and introduced to the Senate his wife, Licia Green-Ellis, and the First Lady of Houston, Andrea White. The Senate welcomed its guests. HOUSE BILL 1793 ON SECOND READING On motion of Senator Zaffirini and by unanimous consent, the regular order of business was suspended to take up for consideration HBi1793 at this time on its second reading: HB 1793, Relating to judicial instruction for judges who hear complaints against children alleging violations of certain misdemeanor offenses. The bill was read second time and was passed to third reading by a viva voce vote. All Members are deemed to have voted "Yea" on the passage to third reading. HOUSE BILL 1793 ON THIRD READING Senator Zaffirini moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HBi1793 be placed on its third reading and final passage. The motion prevailed by the following vote:iiyeasi31, Naysi0. The bill was read third time and was passed by the following vote:iiyeasi31, Naysi0. HOUSE BILL 652 ON SECOND READING On motion of Senator Eltife and by unanimous consent, the regular order of business was suspended to take up for consideration HBi652 at this time on its second reading: HB 652, Relating to licensing of escrow officers. The bill was read second time and was passed to third reading by a viva voce vote. All Members are deemed to have voted "Yea" on the passage to third reading.

12 st Legislature Regular Session 57th Day HOUSE BILL 652 ON THIRD READING Senator Eltife moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HBi652 be placed on its third reading and final passage. The motion prevailed by the following vote:iiyeasi31, Naysi0. The bill was read third time and was passed by the following vote:iiyeasi31, Naysi0. COMMITTEEiiSUBSTITUTE SENATE BILLi1587 ON THIRD READING The President laid before the Senate CSSBi1587 by Senator VanideiPutte on its final passage. Senate Rule 7.18 and the Constitutional Rule were suspended and further consideration postponed: CSSB 1587, Relating to a uniform and statewide emergency services fee on the retail sale of prepaid wireless telecommunications services to consumers. Questioni ishall CSSB 1587 be finally passed? The bill was read third time and was finally passed by the following vote:iiyeasi28, Naysi3. Yeas:iiAveritt, Carona, Davis, Deuell, Duncan, Ellis, Estes, Fraser, Gallegos, Harris, Hinojosa, Huffman, Jackson, Lucio, Nelson, Ogden, Patrick, Seliger, Shapiro, Shapleigh, Uresti, VanideiPutte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini. Nays:iiEltife, Hegar, Nichols. GUESTS PRESENTED Senator Seliger was recognized and introduced to the Senate Ronald McDonald and a delegation representing Salad Day 2009 at the Texas Capitol, sponsored by McDonald s. The Senate welcomed its guests. HOUSE BILL 1990 ON SECOND READING On motion of Senator Duncan and by unanimous consent, the regular order of business was suspended to take up for consideration HBi1990 at this time on its second reading: HB 1990, Relating to a diabetes self-management training pilot program under the state Medicaid program. The bill was read second time and was passed to third reading by a viva voce vote. All Members are deemed to have voted "Yea" on the passage to third reading. HOUSE BILL 1990 ON THIRD READING Senator Duncan moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HBi1990 be placed on its third reading and final passage. The motion prevailed by the following vote:iiyeasi31, Naysi0.

13 Wednesday, May 13, 2009 SENATE JOURNAL 2321 The bill was read third time and was passed by the following vote:iiyeasi31, Naysi0. COMMITTEEiiSUBSTITUTE HOUSE BILL 2196 ON SECOND READING On motion of Senator Deuell and by unanimous consent, the regular order of business was suspended to take up for consideration CSHB 2196 at this time on its second reading: CSHB 2196, Relating to the establishment of a workgroup to study and make recommendations on the integration of health and behavioral health services. The bill was read second time. Senator Lucio offered the following amendment to the bill: Floor Amendment No. 1 Amend CSHB 2196 by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill appropriately: SECTIONi.iiSubtitle E, Title 2, Health and Safety Code, is amended by adding Chapter 115 to read as follows: CHAPTER 115. TASK FORCE FOR CHILDREN WITH SPECIAL NEEDS Sec.i iiDEFINITIONS. In this chapter: (1)ii"Children with special needs" means children younger than 22 years of age diagnosed with a chronic illness, intellectual or other developmental disability, or serious mental illness. (2)ii"Commission" means the Health and Human Services Commission. (3)ii"Executive commissioner" means the executive commissioner of the Health and Human Services Commission. (4)ii"Task force" means the Interagency Task Force for Children with Special Needs established under this chapter. Sec.i iiTASK FORCE FOR CHILDREN WITH SPECIAL NEEDS. The governor, or the governor s designee, shall oversee the task force created and administered by the commission to improve the coordination, quality, and efficiency of services for children with special needs. Sec.i iiDUTIES. The task force shall: (1)iinot later than September 1, 2010, coordinate with federal agencies to compile a list of opportunities to increase flexible funding for services for children with special needs, including alternative funding sources and service delivery options; (2)iiconduct a review of state agency policies and procedures related to service delivery for children with special needs; (3)iiperform a needs assessment, including public hearings to identify service delivery gaps, system entry points, and service obstacles; and (4)iidevelop a five-year plan to improve the coordination, quality, and efficiency of services for children with special needs under Section Sec.i iiTASK FORCE PLAN. (a) In developing the five-year plan under this chapter, the task force shall:

14 st Legislature Regular Session 57th Day (1)iiidentify the party responsible for each action set forth in the plan and set deadlines for implementation of each recommendation; (2)iicreate benchmarks to measure progress toward goals and objectives; (3)iiconsult with the Legislative Budget Board to coordinate relevant cost studies and account for long-term savings of short-term child investments; (4)iiconsult with personnel from other states to identify best practices; (5)iiconsult with the state demographer and relevant federal agencies to account for future demographic trends; (6)iiconsult with pediatric specialists and other health care providers to determine best medical practices; (7)iicoordinate with mental health and developmental disability advocates; and (8)iidevelop a timeline for plan implementation. (b)iithe plan created under this chapter must provide recommendations to: (1)iimaximize the use of federal funds available to this state for the purposes described by Section ; (2)iireduce the number of families who experience crisis due to insufficient and ineffective interventions or services or lack of coordination and planning of interventions or services; (3)iiimprove families ability to navigate the system through improved coordination between service providers and increased outreach; (4)iiremove barriers to local coordination of services and supports; (5)iievaluate the feasibility of creating an interagency legally authorized representative program to provide support services for children with special needs; (6)iiimprove early detection and intervention services; (7)iiincrease the number of community-based options for children with special needs; (8)iiimprove accountability for each agency represented on the task force and other service providers; (9)iireduce existing fragmentation of service delivery to reflect best practices and eliminate ineffective interventions; (10)iireduce service gaps and overlap; (11)iiimprove data management; (12)iiprevent unnecessary parental relinquishment of custody; (13)iicreate a core set of quality measures to determine quality of care and improvements to quality of life; and (14)iiimprove availability of high-quality community-based acute and long-term care services and supports. Sec.i iiMEMORANDUM OF UNDERSTANDING. The governor s office and each agency represented on the task force shall enter into a memorandum of understanding to implement the task force s duties under this chapter. Sec.i iiREPORT. (a) The task force shall submit a biennial report on the progress of each agency represented on the task force in accomplishing the goals described by Section to the governor, lieutenant governor, and speaker of the house of representatives. (b)iithe report must include:

15 Wednesday, May 13, 2009 SENATE JOURNAL 2323 (1)iistakeholder input, including testimony from parents in each health and human services district; (2)iiprogress toward meeting each goal outlined in the plan under Section ; (3)iicurrent barriers that prevent accomplishing each goal listed in Subdivision (2); (4)iiadditional resource needs; (5)iicurrent resources that could be redirected for more efficient and effective use; (6)iiamendments to the plan under this chapter; (7)iirecommendations and proposed legislation to help fulfill the goals of this chapter; and (8)iifeasibility statements on related recommendations. (c)iithe task force shall publish the report on the commission s website. Sec.i iiCOMPOSITION. (a) The task force consists of: (1)iithe commissioner, the executive director or director, or a deputy or assistant commissioner of: (A)iithe commission, designated by the executive commissioner; (B)iithe Department of Aging and Disability Services, designated by the commissioner of that agency; (C)iithe Department of Assistive and Rehabilitative Services, designated by the commissioner of that agency; (D)iithe division of early childhood intervention services, designated by the commissioner of the Department of Assistive and Rehabilitative Services; (E)iithe Department of Family and Protective Services, designated by the commissioner of that agency; (F)iithe Department of State Health Services, designated by the commissioner of that agency; (G)iithe Texas Education Agency, designated by the commissioner of that agency; (H)iithe Texas Youth Commission, designated by the executive commissioner of that agency; (I)iithe Texas Juvenile Probation Commission, designated by the executive director of that agency; and (J)iithe Texas Correctional Office on Offenders with Medical or Mental Impairments, designated by the director of that office; and (2)iieight nonvoting members who are: (A)iia representative of a local mental health authority or a local mental retardation authority, appointed by the governor; (B)iitwo members of the house of representatives, appointed by the speaker of the house of representatives; (C)iitwo senators, appointed by the lieutenant governor; and (D)iithree parents or consumer advocates, one each appointed by the commission, the Texas Education Agency, and the Texas Youth Commission. (b)iithe members of the task force appointed under Subsection (a)(2)(d) may serve a five-year term or may elect to serve for a shorter period.

16 st Legislature Regular Session 57th Day Sec.i iiMEETINGS. (a) The task force shall meet at least once each quarter. (b)iithe task force shall provide an opportunity for statewide public participation in at least two meetings in each calendar year. (c)iiall meetings of the task force shall be conducted in accordance with Chapter 551, Government Code. Sec.i iiINTERAGENCY COORDINATOR; STAFF. (a) The governor shall appoint an interagency coordinator from the commission as the presiding officer of the task force. (b)iithe interagency coordinator shall hire a full-time director and administrative assistant to support the duties and functions of the task force. Sec.i iiTASK FORCE DIRECTOR. The task force director hired by the interagency coordinator under Section shall: (1)iiprepare on behalf of the task force the plan and reports required under this chapter; (2)iiwork with each task force representative to schedule meetings and deadlines relevant to the representative s agency; and (3)iiwork with the interagency coordinator to assign subcommittee leadership positions under Section Sec.i iiSUBCOMMITTEES. (a) The interagency coordinator, assisted by the task force director, shall establish subcommittees to address: (1)iiearly childhood detection and intervention; (2)iieducation; (3)iihealth care; (4)iitransitioning youth; (5)iicrisis prevention and intervention; (6)iijuvenile justice; (7)iilong-term, community-based services and supports; and (8)iimental health. (b)iieach subcommittee shall include at least one task force member to serve as chair. Consistent with the purpose of each subcommittee, members shall consult with relevant subject matter experts, relevant advocacy organizations, staff from related agencies, and parents or consumers who have used related services. (c)iieach subcommittee shall report the subcommittee s findings and related recommendations at a task force meeting at least once each year. On a biennial basis, the subcommittee shall provide a written report with findings and recommendations not less than two months before the scheduled release of the task force report under this chapter. SECTIONi.ii(a) As soon as practicable after the effective date of this Act: (1)iithe governor shall appoint the interagency coordinator of the Interagency Task Force for Children with Special Needs as required by Section , Health and Safety Code, as added by this Act; and

17 Wednesday, May 13, 2009 SENATE JOURNAL 2325 (2)iithe lieutenant governor, speaker of the house of representatives, and executive commissioner, commissioner, executive director, or director of each entity listed under Section , Health and Safety Code, as added by this Act, shall appoint the members of the Interagency Task Force for Children with Special Needs established by Chapter 115, Health and Safety Code, as added by this Act. (b)iithe Interagency Task Force for Children with Special Needs shall hold an organizational meeting not later than September 30, (c)iithe interagency coordinator shall appoint the subcommittees created under Section , Health and Safety Code, as added by this Act, not later than December 1, (d)iithe plan required under Chapter 115, Health and Safety Code, as added by this Act, must be submitted to the 82nd Legislature not later than September 1, The amendment to CSHB 2196 was read and was adopted by a viva voce vote. All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1. On motion of Senator Deuell and by unanimous consent, the caption was amended to conform to the body of the bill as amended. CSHB 2196 as amended was passed to third reading by a viva voce vote. All Members are deemed to have voted "Yea" on the passage to third reading. COMMITTEEiiSUBSTITUTE HOUSE BILL 2196 ON THIRD READING Senator Deuell moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHBi2196 be placed on its third reading and final passage. The motion prevailed by the following vote:iiyeasi31, Naysi0. The bill was read third time and was passed by the following vote:iiyeasi31, Naysi0. GUESTS PRESENTED Senator Wentworth was recognized and introduced to the Senate the choirs of Harmony Hills Elementary School in San Antonio, accompanied by their director and principal. The Senate welcomed its guests. HOUSE BILL 1203 ON SECOND READING On motion of Senator Hegar and by unanimous consent, the regular order of business was suspended to take up for consideration HBi1203 at this time on its second reading: HB 1203, Relating to the designation of a person to act as the agent of a property owner in a property tax matter. The bill was read second time and was passed to third reading by a viva voce vote. All Members are deemed to have voted "Yea" on the passage to third reading.

18 st Legislature Regular Session 57th Day HOUSE BILL 1203 ON THIRD READING Senator Hegar moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HBi1203 be placed on its third reading and final passage. The motion prevailed by the following vote:iiyeasi31, Naysi0. The bill was read third time and was passed by the following vote:iiyeasi31, Naysi0. COMMITTEEiiSUBSTITUTE HOUSE BILL 2317 ON SECOND READING On motion of Senator Seliger and by unanimous consent, the regular order of business was suspended to take up for consideration CSHBi2317 at this time on its second reading: CSHB 2317, Relating to appraisal review board members. The bill was read second time and was passed to third reading by a viva voce vote. All Members are deemed to have voted "Yea" on the passage to third reading. COMMITTEEiiSUBSTITUTE HOUSE BILL 2317 ON THIRD READING Senator Seliger moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHBi2317 be placed on its third reading and final passage. The motion prevailed by the following vote:iiyeasi31, Naysi0. The bill was read third time and was passed by the following vote:iiyeasi31, Naysi0. HOUSE BILL 1731 ON SECOND READING On motion of Senator Ogden and by unanimous consent, the regular order of business was suspended to take up for consideration HBi1731 at this time on its second reading: HB 1731, Relating to money available for consumer incentive or rebate programs for alternatively fueled appliances or equipment. The bill was read second time and was passed to third reading by a viva voce vote. All Members are deemed to have voted "Yea" on the passage to third reading. HOUSE BILL 1731 ON THIRD READING Senator Ogden moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HBi1731 be placed on its third reading and final passage. The motion prevailed by the following vote:iiyeasi31, Naysi0.

19 Wednesday, May 13, 2009 SENATE JOURNAL 2327 The bill was read third time and was passed by the following vote:iiyeasi31, Naysi0. HOUSE BILL 1805 ON SECOND READING On motion of Senator Estes and by unanimous consent, the regular order of business was suspended to take up for consideration HBi1805 at this time on its second reading: HB 1805, Relating to the use of laser sighting devices by hunters who have certain documented disabilities. The bill was read second time and was passed to third reading by a viva voce vote. All Members are deemed to have voted "Yea" on the passage to third reading. HOUSE BILL 1805 ON THIRD READING Senator Estes moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HBi1805 be placed on its third reading and final passage. The motion prevailed by the following vote:iiyeasi31, Naysi0. The bill was read third time and was passed by the following vote:iiyeasi31, Naysi0. COMMITTEEiiSUBSTITUTE HOUSE BILL 3 ON SECOND READING On motion of Senator Shapiro and by unanimous consent, the regular order of business was suspended to take up for consideration CSHB 3 at this time on its second reading: CSHB 3, Relating to public school accountability, curriculum, and promotion requirements. The bill was read second time. Senator Shapiro offered the following amendment to the bill: Floor Amendment No. 1 Amend CSHB 3 (Senate committee report) as follows: (1)iiIn SECTION 30 of the bill, in amended Section (b-1)(1)(C), Education Code (page 13, line 54), strike "eight" and substitute "six". (2)iiIn SECTION 30 of the bill, in amended Section (b-1)(1)(C), Education Code (page 13, line 54), strike "and" and substitute "[and]". (3)iiIn SECTION 30 of the bill, in amended Section (b-1)(2), Education Code (page 13, line 57), strike the period and substitute "; and". (4)iiIn SECTION 30 of the bill, immediately following amended Section (b-1)(2), Education Code (page 13, between lines 57 and 58), insert the following:

20 st Legislature Regular Session 57th Day (3)iithe curriculum requirements for the minimum, recommended, and advanced high school programs under Subsection (a) include a requirement that students successfully complete: (A)iione credit in fine arts under Section (a)(2)(D); and (B)iione credit in physical education under Section (a)(2)(C). The amendment to CSHB 3 was read and was adopted by a viva voce vote. All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No.i1. On motion of Senator Shapiro and by unanimous consent, the caption was amended to conform to the body of the bill as amended. CSHB 3 as amended was passed to third reading by a viva voce vote. All Members are deemed to have voted "Yea" on the passage to third reading. COMMITTEEiiSUBSTITUTE HOUSE BILL 3 ON THIRD READING Senator Shapiro moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHBi3 be placed on its third reading and final passage. The motion prevailed by the following vote:iiyeasi31, Naysi0. The bill was read third time and was passed by the following vote:iiyeasi31, Naysi0. COMMITTEEiiSUBSTITUTE SENATE BILL 2558 ON SECOND READING Senator Gallegos moved to suspend the regular order of business to take up for consideration CSSBi2558 at this time on its second reading: CSSB 2558, Relating to the promotion and marketing of alcoholic beverages. The motion prevailed. Senators Harris and Williams asked to be recorded as voting "Nay" on suspension of the regular order of business. The bill was read second time and was passed to engrossment by a viva voce vote. All Members are deemed to have voted "Yea" on the passage to engrossment except as follows: Nays:iiHarris, Williams. COMMITTEEiiSUBSTITUTE SENATE BILL 2558 ON THIRD READING Senator Gallegos moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi2558 be placed on its third reading and final passage. The motion prevailed by the following vote:iiyeasi29, Naysi2.

21 Wednesday, May 13, 2009 SENATE JOURNAL 2329 Yeas:iiAveritt, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Seliger, Shapiro, Shapleigh, Uresti, VanideiPutte, Watson, Wentworth, West, Whitmire, Zaffirini. Nays:iiHarris, Williams. The bill was read third time and was passed by the following vote:iiyeasi29, Naysi2. (Same as previous roll call) HOUSE BILL 1923 ON SECOND READING On motion of Senator Duncan and by unanimous consent, the regular order of business was suspended to take up for consideration HBi1923 at this time on its second reading: HB 1923, Relating to the Irion County Water Conservation District. The bill was read second time and was passed to third reading by a viva voce vote. All Members are deemed to have voted "Yea" on the passage to third reading. HOUSE BILL 1923 ON THIRD READING Senator Duncan moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HBi1923 be placed on its third reading and final passage. The motion prevailed by the following vote:iiyeasi31, Naysi0. The bill was read third time and was passed by the following vote:iiyeasi31, Naysi0. HOUSE BILL 205 ON SECOND READING On motion of Senator Estes and by unanimous consent, the regular order of business was suspended to take up for consideration HBi205 at this time on its second reading: HB 205, Relating to the applicability of certain city requirements affecting the restraint of certain dogs on annexed or otherwise acquired property used for agricultural operations. The bill was read second time and was passed to third reading by a viva voce vote. All Members are deemed to have voted "Yea" on the passage to third reading. HOUSE BILL 205 ON THIRD READING Senator Estes moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HBi205 be placed on its third reading and final passage. The motion prevailed by the following vote:iiyeasi31, Naysi0. The bill was read third time and was passed by the following vote:iiyeasi31, Naysi0.

22 st Legislature Regular Session 57th Day COMMITTEEiiSUBSTITUTE SENATE BILL 2209 ON SECOND READING On motion of Senator Hinojosa and by unanimous consent, the regular order of business was suspended to take up for consideration CSSBi2209 at this time on its second reading: CSSB 2209, Relating to applications regarding the issuance of private activity bonds by certain governmental entities for projects with multiple sites. The bill was read second time and was passed to engrossment by a viva voce vote. All Members are deemed to have voted "Yea" on the passage to engrossment. COMMITTEEiiSUBSTITUTE SENATE BILL 2209 ON THIRD READING Senator Hinojosa moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi2209 be placed on its third reading and final passage. The motion prevailed by the following vote:iiyeasi31, Naysi0. The bill was read third time and was passed by the following vote:iiyeasi31, Naysi0. HOUSE BILL 1466 ON SECOND READING On motion of Senator Seliger and by unanimous consent, the regular order of business was suspended to take up for consideration HBi1466 at this time on its second reading: HB 1466, Relating to the theft of a military grave marker. The bill was read second time and was passed to third reading by a viva voce vote. All Members are deemed to have voted "Yea" on the passage to third reading. HOUSE BILL 1466 ON THIRD READING Senator Seliger moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HBi1466 be placed on its third reading and final passage. The motion prevailed by the following vote:iiyeasi31, Naysi0. The bill was read third time and was passed by the following vote:iiyeasi31, Naysi0. COMMITTEEiiSUBSTITUTE HOUSE BILL 375 ON SECOND READING On motion of Senator Estes and by unanimous consent, the regular order of business was suspended to take up for consideration CSHBi375 at this time on its second reading: