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

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1 SENATE JOURNAL EIGHTY-SECOND LEGISLATURE REGULAR SESSION AUSTIN, TEXAS PROCEEDINGS FIFTY-SEVENTH DAY (Tuesday, May 10, 2011) The Senate met at 11:18 a.m. pursuant to adjournment and was called to order by the President. The roll was called and the following Senators were present:iibirdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Rodriguez, Seliger, Shapiro, Uresti, VanideiPutte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini. The President announced that a quorum of the Senate was present. Monsignor Louis Pavlicek, Saint Helen Catholic Church, Georgetown, was introduced by Senator Ogden and offered the invocation as follows: Loving and gracious God, the giver of life and sustainer of life, we pray for the Members of the Senate of the State of Texas. They have been entrusted with the responsibility of the highest deliberative and legislative function of our state. Bless them with the gift of wisdom in decision making and governance. May the laws which they enact in cooperation with the other governing bodies be permeated with the eternal values which reflect Your vision for all of creation, namely, the sanctity of human life, justice, equality, truthfulness, peace, and a concern for the common good. May their efforts to be good stewards be pleasing to You, we pray, now and forever. Amen. Senator Whitmire moved that the reading of the Journal of the proceedings of the previous day be dispensed with and the Journal be approved as printed. The motion prevailed without objection. MESSAGE FROM THE HOUSE HOUSE CHAMBER Austin, Texas Tuesday, May 10, 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:

2 nd Legislature Regular Session 57th Day THE HOUSE HAS PASSED THE FOLLOWING MEASURES: HB 274 Creighton Relating to the reform of certain remedies and procedures in civil actions and family law matters. SB 887 Carona Sponsor: Riddle Relating to the penalty for theft of an automated teller machine or the contents or components of an automated teller machine. SB 977 Hinojosa Sponsor: Torres Relating to the imposition and use of the municipal hotel occupancy tax by certain eligible central municipalities. (Amended) Respectfully, /s/robert Haney, Chief Clerk House of Representatives PHYSICIAN OF THE DAY Senator Watson was recognized and presented Dr. Timothy Vachris of Austin as the Physician of the Day. The Senate welcomed Dr. Vachris and thanked him for his participation in the Physician of the Day program sponsored by the Texas Academy of Family Physicians. SENATE RESOLUTION 955 Senator Ellis offered the following resolution: WHEREAS, The Senate of the State of Texas is pleased to recognize the 50th anniversary of the Freedom Rides of 1961 and to welcome Robert Farrell, a participant in those historic efforts, which played a key role in the struggle for racial equality in the United States; and WHEREAS, In May of 1961, an interracial group of bus riders set out to test the new law that forbade segregation in interstate transportation; organized by the Congress of Racial Equality and the Student Nonviolent Coordinating Committee, these riders employed the strategy of nonviolence to draw attention to the multiple injustices of segregation; and WHEREAS, The rides began in Washington, D.C., where two teams of riders boarded buses to travel to New Orleans, with their route taking them through the deep South and exposing them to the threat of violent reprisals; the start of the trip went well, and the group was welcomed in Atlanta by Dr. Martin Luther King, Jr.; later along the route, however, the buses were attacked and riders were beaten by crowds; and WHEREAS, The Freedom Riders refusal to be intimidated, their steadfast and righteous defiance, and their brave commitment to their mission helped bring about the nationwide public realization that integration was a moral imperative while also inspiring the immediate and direct support of hundreds of young people, both black and white, who came from across the country to join them; and

3 Tuesday, May 10, 2011 SENATE JOURNAL 2157 WHEREAS, In August of that same year, another group of riders, including Robert Farrell, set forth from Los Angeles by train to further the cause of helping our nation implement the ideals of its founding; these riders were arrested and jailed in Houston for nonviolently attempting to desegregate that city s Union Station Coffee Shop; and WHEREAS, These struggles for equality brought to the forefront many young people whose experiences in the Freedom Rides inspired them to become leaders in the civil rights movement and in their communities; leaders such as Congressman John Lewis of Georgia and longtime Los Angeles Councilman Robert Farrell have served as an inspiration to generations of activists working to effect societal change; and WHEREAS, The Freedom Rides played a vital role in bringing attention to the inequities faced by African Americans in this country; it is truly fitting that they be recognized as a vital part of our shared history on the occasion of their 50th anniversary; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 82nd Legislature, hereby commend the Freedom Riders on their courage and their dedication to equal rights and call on all Texans to recognize their historic contributions to bringing our nation closer to its principles and ideals; and, be it further RESOLVED, That a copy of this Resolution be prepared in honor of this significant occasion in our nation s history. ELLIS WEST SR 955 was read and was adopted without objection. GUEST PRESENTED Senator Ellis was recognized and introduced to the Senate Robert Farrell. The Senate welcomed its guest. 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. ACKNOWLEDGEMENT Senator Patrick was recognized and acknowledged May 10, 1888, as the date of the first Senate session held in this Capitol. REPORT OF COMMITTEE ON NOMINATIONS Senator Deuell submitted the following report from the Committee on Nominations: We, your Committee on Nominations, to which were referred the following appointments, have had same under consideration and report them back to the Senate with a recommendation that they be confirmed: Members, Assistive and Rehabilitative Services Council:iiJon Edward Arnold-Garcia, Bexar County; TommyiG. Fordyce, Walker County; Thomas William Grahm, Smith County.

4 nd Legislature Regular Session 57th Day Members, Board of Directors, Coastal Water Authority:iiAlan Dee Conner, Liberty County; Zebulun Nash, Harris County; DouglasiE. Walker, Chambers County. Members, Finance Commission of Texas:iiDavid Jesus Cibrian, Bexar County; CynthiaiF. Lyons, El Paso County; Jonathan Bennett Newton, Harris County; Hilliard Judge Shands, Angelina County; William James White, Williamson County. Members, Real Estate Research Advisory Committee:iiMarioiA. Arriaga, Montgomery County; Russell Lynn Cain, Calhoun County; Jacquelyn Hawkins, Travis County; Kimberly Anne Shambley, Dallas County. Members, Board of Directors, Rio Grande Regional Water Authority:iiWayne Morris Halbert, Cameron County; Paul Glen Heller, Hidalgo County; BrianiE. Macmanus, Cameron County; Roel Rodriguez, Hidalgo County; Samuel Robert Sparks, Cameron County. Members, State Board for Educator Certification:iiLaurie Bricker, Harris County; Leonard Curtis Culwell, Dallas County; Kathryn Everest, Tarrant County; Suzanne Garcia McCall, Lubbock County; Christine Dona Pogue, Hays County. Members, State Board of Dental Examiners:iiJames Wesley Chancellor, Comal County; Renee Susanne Cornett, Travis County; David Bradley Dean, Collin County; TamelaiL. Gough, Collin County; Christie McAdams Leedy, Taylor County; Evangelia Vionis Mote, Williamson County; Ann Guthrie Pauli, El Paso County; John Thomas Steen, Harris County. Members, Task Force on Indigent Defense:iiJoniH. Burrows, Bell County; Knox Fitzpatrick, Dallas County; AnthonyiC. Odiorne, Potter County; OleniU. Underwood, Montgomery County; B.iGlen Whitley, Tarrant County. Members, Texas Board of Licensure for Professional Medical Physicists:iiCharles Ward Beasley, Harris County; Douglas Allen Johnson, Brazos County; James Robert Marbach, Bexar County; Alvin Lee Schlichtemeier, Collin County; Kiran Kantilal Shah, Fort Bend County. Members, Governing Board, Texas Department of Rural Affairs:iiNina Remelle Marlow Farrar, Foard County; Bryan Keith Tucker, Childress County; Patrick Lee Wallace, Henderson County. Members, Texas Medical Board:iiJulieiK. Attebury, Potter County; Stanley Suchy Wang, Travis County; George Willeford, Travis County; Irvin Edwin Zeitler, Concho County. Members, Texas State Board of Social Worker Examiners:iiTheresa Argumaniz Gomez, El Paso County; Nancy Ann Pearson, Washington County; DeniseiV. Pratt, Harris County. NOTICE OF CONSIDERATION OF NOMINATIONS Senator Deuell gave notice that he would tomorrow at the conclusion of morning call submit to the Senate for consideration nominations to agencies, boards, and commissions of the state.

5 Tuesday, May 10, 2011 SENATE JOURNAL 2159 CONCLUSION OF MORNING CALL The President at 11:43 a.m. announced the conclusion of morning call. (Senator Eltife in Chair) HOUSE BILL 444 ON SECOND READING On motion of Senator Nichols and by unanimous consent, the regular order of business was suspended to take up for consideration HBi444 at this time on its second reading: HB 444, Relating to notification of applications for permits for certain injection wells. 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 444 ON THIRD READING Senator Nichols moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HBi444 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 VanideiPutte was recognized and introduced to the Senate a SAMMinistries delegation: Phillip Bogochow, Erika Hizel, and Pamela Harper. The Senate welcomed its guests. HOUSE BILL 908 ON SECOND READING On motion of Senator Harris and by unanimous consent, the regular order of business was suspended to take up for consideration CSHBi908 at this time on its second reading: CSHB 908, Relating to the division of community property on dissolution of marriage. 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 908 ON THIRD READING Senator Harris moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHBi908 be placed on its third reading and final passage. The motion prevailed by the following vote:iiyeasi31, Naysi0.

6 nd Legislature Regular Session 57th Day The bill was read third time and was passed by the following vote:iiyeasi31, Naysi0. SENATE BILL 371 ON SECOND READING On motion of Senator Seliger and by unanimous consent, the regular order of business was suspended to take up for consideration SBi371 at this time on its second reading: SB 371, Relating to the eligibility for service retirement annuities of certain elected officials convicted of certain crimes. 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. SENATE BILL 371 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 SBi371 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. SENATE BILL 669 ON SECOND READING On motion of Senator Wentworth and by unanimous consent, the regular order of business was suspended to take up for consideration CSSBi669 at this time on its second reading: CSSB 669, Relating to requests to inspect or be provided with copies of information under the public information law. 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. SENATE BILL 669 ON THIRD READING Senator Wentworth moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi669 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.

7 Tuesday, May 10, 2011 SENATE JOURNAL 2161 HOUSE BILL 843 ON SECOND READING On motion of Senator Davis and by unanimous consent, the regular order of business was suspended to take up for consideration CSHBi843 at this time on its second reading: CSHB 843, Relating to the use of electronic means for the delivery of ad valorem tax bills to certain property owners and agents. 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 843 ON THIRD READING Senator Davis moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHBi843 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 755 ON SECOND READING On motion of Senator Nichols and by unanimous consent, the regular order of business was suspended to take up for consideration HBi755 at this time on its second reading: HB 755, Relating to eligibility of certain dependents for coverage under the state employee group benefits 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 755 ON THIRD READING Senator Nichols moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HBi755 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 1380 ON SECOND READING On motion of Senator Rodriguez and by unanimous consent, the regular order of business was suspended to take up for consideration CSHBi1380 at this time on its second reading:

8 nd Legislature Regular Session 57th Day CSHB 1380, Relating to the graduate medical training requirements for certain foreign medical school graduates applying for a license to practice medicine in this state. 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 1380 ON THIRD READING Senator Rodriguez moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHBi1380 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 841 ON SECOND READING On motion of Senator Harris and by unanimous consent, the regular order of business was suspended to take up for consideration HBi841 at this time on its second reading: HB 841, Relating to certain statutory references to the Department of Family and Protective Services. 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 841 ON THIRD READING Senator Harris moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HBi841 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 1405 ON SECOND READING On motion of Senator Deuell and by unanimous consent, the regular order of business was suspended to take up for consideration CSHBi1405 at this time on its second reading: CSHB 1405, Relating to provision by a health benefit plan of prescription drug coverage specified by formulary and to modifications of that coverage. 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.

9 Tuesday, May 10, 2011 SENATE JOURNAL 2163 HOUSE BILL 1405 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 CSHBi1405 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. STATEMENT OF LEGISLATIVE INTENT Senator Deuell submitted the following statement of legislative intent for CSHBi1405: We recognize that formularies change often and that membership is always changing. It is our intention that this bill requires only one notice per year. DEUELL HOUSE BILL 1061 ON SECOND READING Senator Duncan moved to suspend the regular order of business to take up for consideration HBi1061 at this time on its second reading: HB 1061, Relating to the expiration of certain investment authority of the Teacher Retirement System of Texas. The motion prevailed. Senator Fraser asked to be recorded as voting "Nay" on suspension of the regular order of business. The bill was read second time. Senator Duncan offered the following amendment to the bill: Floor Amendment No. 1 Amend HB 1061 (senate committee printing) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS accordingly: SECTIONi.iiSection , Government Code, is amended by adding Subsection (b-1) to read as follows: (b-1)iinotwithstanding Subsection (b) of this section and any provision of Section , before September 1, 2019, not more than 10 percent of the value of the total investment portfolio of the retirement system may be invested in hedge funds. This subsection expires September 1, The amendment to HB 1061 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 except as follows: Nays:iiFraser, Huffman.

10 nd Legislature Regular Session 57th Day On motion of Senator Duncan and by unanimous consent, the caption was amended to conform to the body of the bill as amended. HB 1061 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 except as follows: Nays:iiFraser. HOUSE BILL 1061 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 HBi1061 be placed on its third reading and final passage. The motion prevailed by the following vote:iiyeasi30, Naysi1. Nays:iiFraser. The bill was read third time and was passed by the following vote:iiyeasi30, Naysi1. (Same as previous roll call) SENATE BILL 471 ON SECOND READING On motion of Senator West and by unanimous consent, the regular order of business was suspended to take up for consideration CSSBi471 at this time on its second reading: CSSB 471, Relating to public school, child-placing agency, and day-care center policies addressing sexual abuse and other maltreatment of children. 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. SENATE BILL 471 ON THIRD READING Senator West moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi471 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. SENATE BILL 200 ON SECOND READING On motion of Senator Zaffirini and by unanimous consent, the regular order of business was suspended to take up for consideration CSSBi200 at this time on its second reading: CSSB 200, Relating to reports, notices, and records required of institutions of higher education.

11 Tuesday, May 10, 2011 SENATE JOURNAL 2165 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. SENATE BILL 200 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 CSSBi200 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 2376 ON SECOND READING On motion of Senator Jackson and by unanimous consent, the regular order of business was suspended to take up for consideration CSHBi2376 at this time on its second reading: CSHB 2376, Relating to the regulation of plumbing. 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 2376 ON THIRD READING Senator Jackson moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHBi2376 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 1829 ON SECOND READING On motion of Senator Nelson and by unanimous consent, the regular order of business was suspended to take up for consideration CSHB 1829 at this time on its second reading: CSHB 1829, Relating to an application for emergency detention and to the transfer to a mental hospital of a person admitted for emergency detention. The bill was read second time.

12 nd Legislature Regular Session 57th Day Senator Lucio offered the following amendment to the bill: Floor Amendment No. 1 Amend CSHB 1829 (senate committee printing) by striking SECTION 1 of the bill and substituting the following: SECTIONi1.iiSection , Health and Safety Code, is amended by amending Subsection (h) and adding Subsection (h-1) to read as follows: (h)iia judge or magistrate may permit an applicant who is a physician to present an application by: (1)ii with the application attached as a secure document in a portable document format (PDF); or (2)iisecure electronic means, including: (A)iisatellite transmission; (B)ii[,] closed-circuit television transmission;[,] or (C)iiany other method of two-way electronic communication that: (i)i[(1)]iiis secure; (ii)i[(2)]iiis available to the judge or magistrate; and (iii)i[(3)]iiprovides for a simultaneous, compressed full-motion video and interactive communication of image and sound between the judge or magistrate and the applicant. (h-1)iiafter the presentation of an application under Subsection (h), the judge or magistrate may transmit a warrant to the applicant: (1)iielectronically, if a digital signature, as defined by Article 2.26, Code of Criminal Procedure, is transmitted with the document; or (2)iiby with the warrant attached as a secure document in a portable document format (PDF), if the identifiable legal signature of the judge or magistrate is transmitted with the document. The amendment to CSHB 1829 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 Nelson and by unanimous consent, the caption was amended to conform to the body of the bill as amended. CSHB 1829 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. HOUSE BILL 1829 ON THIRD READING Senator Nelson moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHBi1829 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.

13 Tuesday, May 10, 2011 SENATE JOURNAL 2167 SENATE BILL 146 ON SECOND READING On motion of Senator Hinojosa and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 146 at this time on its second reading: CSSB 146, Relating to the offense of smuggling of persons and unlawful transport of an individual; providing penalties. The bill was read second time. Senator Hinojosa offered the following amendment to the bill: Floor Amendment No. 1 Amend CSSB 146 (Senate Committee Printing) in SECTION 2 of the bill, in added Section 20.05(d), Penal Code (page 1, lines 41 and 42), by striking "third" each place it appears in the subsection and substituting "second". The amendment to CSSB 146 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 Hinojosa and by unanimous consent, the caption was amended to conform to the body of the bill as amended. CSSB 146 as amended was passed to engrossment by a viva voce vote. All Members are deemed to have voted "Yea" on the passage to engrossment. SENATE BILL 146 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 CSSBi146 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 1404 ON SECOND READING On motion of Senator Harris and by unanimous consent, the regular order of business was suspended to take up for consideration HBi1404 at this time on its second reading: HB 1404, Relating to certain temporary orders in a suit affecting the parent-child relationship during a parent s military deployment. 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.

14 nd Legislature Regular Session 57th Day HOUSE BILL 1404 ON THIRD READING Senator Harris moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HBi1404 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. SENATE BILL 1857 ON SECOND READING On motion of Senator Zaffirini and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 1857 at this time on its second reading: CSSB 1857, Relating to the administration of medication for persons with intellectual and developmental disabilities. The bill was read second time. Senator Deuell offered the following amendment to the bill: Floor Amendment No. 1 Amend CSSBi1857 (senate committee printing) as follows: (1)iiIn SECTION 2(a) of the bill (page 3, line 23), strike ", and must end on August 31, 2012". (2)iiIn SECTION 2(d) of the bill (page 3, line 45), strike "2013" and substitute "2015". The amendment to CSSB 1857 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 Zaffirini and by unanimous consent, the caption was amended to conform to the body of the bill as amended. CSSB 1857 as amended was passed to engrossment by a viva voce vote. All Members are deemed to have voted "Yea" on the passage to engrossment. SENATE BILL 1857 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 CSSBi1857 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.

15 Tuesday, May 10, 2011 SENATE JOURNAL 2169 SENATE BILL 1449 ON SECOND READING On motion of Senator Zaffirini and by unanimous consent, the regular order of business was suspended to take up for consideration SBi1449 at this time on its second reading: SB 1449, Relating to an alternative method of satisfying certain licensing and program participation requirements for chemical dependency treatment facilities. 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. SENATE BILL 1449 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 SBi1449 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. SENATE BILL 5 ON SECOND READING Senator Zaffirini again moved to suspend the regular order of business to resume consideration of CSSBi5 at this time on its second reading: CSSB 5, Relating to the administration and business affairs of public institutions of higher education. The motion prevailed. Senator Ogden asked to be recorded as voting "Nay" on suspension of the regular order of business. The bill was read second time. Senator Wentworth offered the following amendment to the bill: Floor Amendment No. 16 Amend CSSB 5 as amended as follows: Strike all of added Articlei, Miscellaneous Provisions, as added by Floor Amendment 8, in its entirety. The amendment to CSSB 5 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.i16.

16 nd Legislature Regular Session 57th Day Senator Watson offered the following amendment to the bill: Floor Amendment No. 17 Amend CSSB 5 (Senate Committee Printing) in ARTICLE 4 of the bill, by striking Section 4.01 (page 6, lines 48-65), and renumbering subsequent sections accordingly. The amendment to CSSB 5 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.i17. On motion of Senator Zaffirini and by unanimous consent, the caption was amended to conform to the body of the bill as amended. CSSB 5 as amended 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:iiOgden. SENATE BILL 5 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 CSSBi5 be placed on its third reading and final passage. The motion prevailed by the following vote:iiyeasi30, Naysi1. Nays:iiOgden. The bill was read third time and was passed by the following vote:iiyeasi30, Naysi1. (Same as previous roll call) SENATE BILL 1671 ON SECOND READING On motion of Senator Duncan and by unanimous consent, the regular order of business was suspended to take up for consideration SB 1671 at this time on its second reading: SB 1671, Relating to the Teacher Retirement System of Texas. The bill was read second time. Senator Duncan offered the following amendment to the bill: Floor Amendment No. 1 Amend SB 1671 (senate committee printing) by striking all below the enacting clause and substituting the following: SECTIONi1.iiSubsection (i), Section , Government Code, as amended by Chapters 183 (H.B. 1830), 780 (S.B. 1056), 816 (S.B. 1599), and 1027 (H.B. 4343), Acts of the 81st Legislature, Regular Session, 2009, is reenacted and amended to read as follows: (i)iia criminal justice agency may disclose criminal history record information that is the subject of an order of nondisclosure under Subsection (d) to the following noncriminal justice agencies or entities only: (1)iithe State Board for Educator Certification;

17 Tuesday, May 10, 2011 SENATE JOURNAL 2171 (2)iia school district, charter school, private school, regional education service center, commercial transportation company, or education shared service arrangement; (3)iithe Texas Medical Board; (4)iithe Texas School for the Blind and Visually Impaired; (5)iithe Board of Law Examiners; (6)iithe State Bar of Texas; (7)iia district court regarding a petition for name change under Subchapter B, Chapter 45, Family Code; (8)iithe Texas School for the Deaf; (9)iithe Department of Family and Protective Services; (10)iithe Texas Youth Commission; (11)iithe Department of Assistive and Rehabilitative Services; (12)iithe Department of State Health Services, a local mental health service, a local mental retardation authority, or a community center providing services to persons with mental illness or retardation; (13)iithe Texas Private Security Board; (14)iia municipal or volunteer fire department; (15)iithe Texas Board of Nursing; (16)iia safe house providing shelter to children in harmful situations; (17)iia public or nonprofit hospital or hospital district; (18)iithe Texas Juvenile Probation Commission; (19)iithe securities commissioner, the banking commissioner, the savings and mortgage lending commissioner, or the credit union commissioner; (20)iithe Texas State Board of Public Accountancy; (21)iithe Texas Department of Licensing and Regulation; (22)iithe Health and Human Services Commission; (23)iithe Department of Aging and Disability Services; (24)iithe Texas Education Agency; [and] (25)iithe Guardianship Certification Board; [and] (26)iia county clerk s office in relation to a proceeding for the appointment of a guardian under Chapter XIII, Texas Probate Code; (27)i[(25)]iithe Department of Information Resources but only regarding an employee, applicant for employment, contractor, subcontractor, intern, or volunteer who provides network security services under Chapter 2059 to: (A)iithe Department of Information Resources; or (B)iia contractor or subcontractor of the Department of Information Resources; (28)i[(25)]iithe Court Reporters Certification Board; [and] (29)i[(25)]iithe Texas Department of Insurance; and (30)iithe Teacher Retirement System of Texas. SECTIONi2.iiSubchapter F, Chapter 411, Government Code, is amended by adding Section to read as follows: Sec.i iiACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEACHER RETIREMENT SYSTEM OF TEXAS. (a)iithe Teacher Retirement System of Texas is entitled to obtain from the department, the

18 nd Legislature Regular Session 57th Day Federal Bureau of Investigation Criminal Justice Information Services Division, or another law enforcement agency criminal history record information maintained by the department, division, or agency that relates to a person who: (1)iiis an employee or an applicant for employment with the retirement system; (2)iiis a consultant, contract employee, independent contractor, intern, or volunteer for the retirement system or an applicant to serve in one of those positions; (3)iiproposes to enter into a contract with or has a contract with the retirement system to perform services for or supply goods to the retirement system; or (4)iiis an employee or subcontractor, or an applicant to be an employee or subcontractor, of a contractor that provides services to the retirement system. (b)iicriminal history record information obtained by the Teacher Retirement System of Texas under Subsection (a) may not be released or disclosed to any person except: (1)iion court order; (2)iiwith the consent of the person who is the subject of the criminal history record information; or (3)iito a federal agency as required by federal law or executive order. (c)iithe Teacher Retirement System of Texas shall destroy criminal history record information obtained under this section after the information is used for the purposes authorized by this section. (d)iithe Teacher Retirement System of Texas may provide a copy of the criminal history record information obtained from the department, the Federal Bureau of Investigation Criminal Justice Information Services Division, or other law enforcement agency to the individual who is the subject of the information. (e)iithe failure or refusal of an employee or applicant to provide the following on request constitutes good cause for dismissal or refusal to hire: (1)iia complete set of fingerprints; (2)iia true and complete name; or (3)iiother information necessary for a law enforcement entity to obtain criminal history record information. SECTIONi3.iiSubchapter F, Chapter 551, Government Code, is amended by adding Section to read as follows: Sec.i iiBOARD OF TRUSTEES OF TEACHER RETIREMENT SYSTEM OF TEXAS: QUORUM PRESENT AT ONE LOCATION. (a)iiin this section, "board" means the board of trustees of the Teacher Retirement System of Texas. (b)iithis chapter does not prohibit the board or a board committee from holding an open or closed meeting by telephone conference call. (c)iithe board or a board committee may hold a meeting by telephone conference call only if a quorum of the applicable board or board committee is physically present at one location of the meeting. (d)iia telephone conference call meeting is subject to the notice requirements applicable to other meetings. The notice must also specify: (1)iithe location of the meeting where a quorum of the board or board committee, as applicable, will be physically present; and

19 Tuesday, May 10, 2011 SENATE JOURNAL 2173 (2)iithe intent to have a quorum present at that location. (e)iithe location where a quorum is physically present must be open to the public during the open portions of a telephone conference call meeting. The open portions of the meeting must be audible to the public at the location where the quorum is present and be tape-recorded at that location. The tape recording shall be made available to the public. (f)iithe location of the meeting shall provide two-way communication during the entire telephone conference call meeting, and the identification of each party to the telephone conference call must be clearly stated before the party speaks. (g)iithe authority provided by this section is in addition to the authority provided by Section (h)iia member of the board who participates in a board or board committee meeting by telephone conference call but is not physically present at the location of the meeting is not considered to be absent from the meeting for any purpose. The vote of a member of the board who participates in a board or board committee meeting by telephone conference call is counted for the purpose of determining the number of votes cast on a motion or other proposition before the board or board committee. (i)iia member of the board may participate remotely by telephone conference call instead of by being physically present at the location of a board meeting for not more than one board meeting per calendar year. A board member who participates remotely in any portion of a board meeting by telephone conference call is considered to have participated in the entire board meeting by telephone conference call. For purposes of the limit provided by this subsection, remote participation by telephone conference call in a meeting of a board committee does not count as remote participation by telephone conference call in a meeting of the board, even if: (1)iia quorum of the full board attends the board committee meeting; or (2)iinotice of the board committee meeting is also posted as notice of a board meeting. (j)iia person who is not a member of the board may not speak at the meeting from a remote location by telephone conference call, except as provided by Section SECTIONi4.iiSubchapter C, Chapter 552, Government Code, is amended by adding Section to read as follows: Sec.i iiEXCEPTION: NAME OF APPLICANT FOR EXECUTIVE DIRECTOR, CHIEF INVESTMENT OFFICER, OR CHIEF AUDIT EXECUTIVE OF TEACHER RETIREMENT SYSTEM OF TEXAS. The name of an applicant for the position of executive director, chief investment officer, or chief audit executive of the Teacher Retirement System of Texas is excepted from the requirements of Section , except that the board of trustees of the Teacher Retirement System of Texas must give public notice of the names of three finalists being considered for one of those positions at least 21 days before the date of the meeting at which the final action or vote is to be taken on choosing a finalist for employment. SECTIONi5.iiSection , Government Code, is amended by amending Subsections (f) and (g) and adding Subsection (p) to read as follows: (f)iia domestic relations order is a qualified domestic relations order only if such order:

20 nd Legislature Regular Session 57th Day (1)iiclearly specifies the: (A)iiname[, social security number,] and last known mailing address[, if any,] of: (i)iithe member or retiree; and (ii)ii[the name, social security number, and mailing address of] each alternate payee covered by the order; and (B)iisocial security number, or an express authorization for the parties to use an alternate method acceptable to the public retirement system to verify the social security number, of the member or retiree and each alternate payee covered by the order; (2)iiclearly specifies the amount or percentage of the member s or retiree s benefits to be paid by a public retirement system to each such alternate payee or the manner in which such amount or percentage is to be determined; (3)iiclearly specifies the number of payments or the period to which such order applies; (4)iiclearly specifies that such order applies to a designated public retirement system; (5)iidoes not require the public retirement system to provide any type or form of benefit or any option not otherwise provided under the plan; (6)iidoes not require the public retirement system to provide increased benefits determined on the basis of actuarial value; (7)iidoes not require the payment of benefits to an alternate payee which are required to be paid to another alternate payee under another order previously determined to be a qualified domestic relations order; and (8)iidoes not require the payment of benefits to an alternate payee before the retirement of a member, the distribution of a withdrawal of contributions to a member, or other distribution to a member required by law. (g)iia public retirement system may reject a domestic relations order as a qualified domestic relations order unless the order: (1)iiprovides for a proportional reduction of the amount awarded to an alternate payee in the event of the retirement of the member before normal retirement age; (2)iidoes not purport to require the designation of a particular person as the recipient of benefits in the event of a member s or annuitant s death; (3)iidoes not purport to require the selection of a particular benefit payment plan or option; (4)iiprovides clearly for each possible benefit distribution under plan provisions; (5)iidoes not require any action on the part of the retirement system contrary to its governing statutes or plan provision other than the direct payment of the benefit awarded to an alternate payee; (6)iidoes not make the award of an interest contingent on any condition other than those conditions resulting in the liability of a retirement system for payments under its plan provisions; (7)iidoes not purport to award any future benefit increases that are provided or required by the legislature; [and]

21 Tuesday, May 10, 2011 SENATE JOURNAL 2175 (8)iiprovides for a proportional reduction of the amount awarded to an alternate payee in the event that benefits available to the retiree or member are reduced by law; and (9)iiif required by the retirement system, conforms to a model order adopted by the retirement system. (p)iia public retirement system may assess administrative fees on a party who is subject to a domestic relations order for the review of the order under this subchapter and, as applicable, for the administration of payments under an order that is determined to be qualified. In addition to other methods of collecting fees that a retirement system may establish, the retirement system may deduct fees from payments made under the order. SECTIONi6.iiSubdivision (15), Section , Government Code, is amended to read as follows: (15)ii"School year" means[: [(A)] a 12-month period beginning [approximately] September 1 and ending [approximately] August 31 of the next calendar year[; or [(B) for a member whose contract or oral or written work agreement begins after June 30 and continues after August 31 of the same calendar year, a period not to include more than 12 months beginning on the date the contract or agreement begins]. SECTIONi7.iiSection , Government Code, is amended to read as follows: Sec.i iiPURPOSE OF RETIREMENT SYSTEM. (a)iithe purpose of the retirement system is to invest and protect funds of the retirement system and to deliver the benefits provided by statute, not to advocate or influence legislative action or inaction or to advocate higher benefits. (b)iithis section does not prohibit comments by an employee of the retirement system on federal laws, regulations, or other official actions or proposed actions affecting or potentially affecting the retirement system that are made in accordance with policies adopted by the board. SECTIONi8.iiSection , Government Code, is amended by adding Subsection (b) to read as follows: (b)iia member shall notify the retirement system in writing of membership service that has not been properly credited by the retirement system on an annual statement. The member must provide verification and make deposits as required by the retirement system before the service may be credited. A member must notify the retirement system of the service in writing on or before the last day of the fifth school year after the end of the school year in which the service was rendered for the service to be credited. SECTIONi9.iiThe heading to Section , Government Code, is amended to read as follows: Sec.i iiUSERRA [REEMPLOYED VETERAN S] CREDIT. SECTIONi10.iiSubsections (a), (c), and (d), Section , Government Code, are amended to read as follows:

22 nd Legislature Regular Session 57th Day (a)iia person eligible to establish USERRA [reemployed veteran s] credit is one who qualifies under the Uniformed Services Employment and [Veteran s] Reemployment Rights Act of 1994, 38 U.S.C. Section 4301 [2021] et seq., for the benefits of reemployment in a position included within the membership of the retirement system and who is entitled under that Act to additional credit and benefits from the retirement system because of the person s active duty in the armed forces of the United States. (c)iia person may establish credit under this section by depositing with the retirement system for each year of service claimed an amount equal to[: [(1)]iithe member contributions to the retirement system, as determined by the retirement system, that the person would have made had the person continued to be employed in the person s former position covered by the retirement system during the entire period of active duty in the armed forces for which the person is to receive retirement credit[; and [(2)iia fee of five percent, compounded annually, of the required contribution from the date of the person s first eligibility to establish the credit to the date of deposit]. (d)iito the extent required by the Uniformed Services Employment and [Veteran s] Reemployment Rights Act of 1994 and permitted by Sections 401(a) and 415 of the Internal Revenue Code of 1986 (26 U.S.C. Sections 401 and 415), the retirement system may: (1)iigrant the person service credit for the period of active duty in the armed forces as if the person had been employed in a position eligible for membership and credit with the retirement system if the person establishes credit by making the required deposits, or, if the person has not made the required deposits, consider the period of active duty for the purpose of determining whether the person meets the length-of-service eligibility requirements for retirement or other benefits administered by the retirement system as if the person had established the credit; and (2)iiinclude in relevant benefit computations under this subtitle the annual compensation, as determined by the retirement system, that would have been otherwise received by the person for service covered by the retirement system during any year in which the person had active duty in the armed forces. SECTIONi11.iiSubsection (c), Section , Government Code, is amended to read as follows: (c)iia member eligible to establish credit under this section is one who has at least five years of service credit in the retirement system for actual service in public schools, including at least one year completed after the relevant out-of-state service. SECTIONi12.iiSubsections (c), (d), and (e), Section , Government Code, are amended to read as follows: (c)iia member eligible to establish credit under this section is one who: (1)iihas at least five years of service credited [credit] in the retirement system before the developmental leave occurs; [and] (2)iihas, [is an employee of a public school] at the time the required deposits for the credit are paid, at least one year of membership service credit in the retirement system following the developmental leave; and