HOUSE JOURNAL SEVENTY-SEVENTH LEGISLATURE, REGULAR SESSION PROCEEDINGS

Tuesday, April 17, 2001 HOUSE JOURNAL 53rd Day 1131 HOUSE JOURNAL SEVENTY-SEVENTH LEGISLATURE, REGULAR SESSION PROCEEDINGS FIFTY-THIRD DAY TUESDAY, APRIL 17, 2001 The house met at 10 a.m. and was called to order by the speaker. The roll of the house was called and a quorum was announced present (Record 133). Present Mr. Speaker; Alexander; Allen; Averitt; Bailey; Berman; Bonnen; Bosse; Brimer; Brown, B.; Brown, F.; Burnam; Callegari; Capelo; Carter; Chavez; Chisum; Christian; Clark; Coleman; Cook; Corte; Counts; Crabb; Craddick; Crownover; Danburg; Davis, J.; Davis, Y.; Delisi; Denny; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Ehrhardt; Eiland; Elkins; Ellis; Farabee; Farrar; Flores; Gallego; Garcia; George; Geren; Giddings; Glaze; Goodman; Goolsby; Gray; Green; Grusendorf; Gutierrez; Haggerty; Hamric; Hardcastle; Hartnett; Hawley; Heflin; Hill; Hinojosa; Hochberg; Hodge; Homer; Hope; Hopson; Howard; Hunter; Hupp; Isett; Janek; Jones, D.; Jones, E.; Jones, J.; Junell; Keel; Keffer; King, P.; King, T.; Kitchen; Kolkhorst; Krusee; Kuempel; Lewis, G.; Lewis, R.; Longoria; Luna; Madden; Marchant; Martinez Fischer; Maxey; McCall; McClendon; McReynolds; Menendez; Merritt; Moreno, J.; Moreno, P.; Morrison; Mowery; Naishtat; Najera; Nixon; Noriega; Oliveira; Olivo; Pickett; Pitts; Puente; Ramsay; Rangel; Raymond; Reyna, A.; Reyna, E.; Ritter; Sadler; Salinas; Seaman; Shields; Smith; Smithee; Solis; Solomons; Swinford; Talton; Telford; Thompson; Tillery; Turner, B.; Turner, S.; Uher; Uresti; Villarreal; Walker; West; Williams; Wilson; Wise; Wohlgemuth; Wolens; Woolley; Yarbrough; Zbranek. Absent, Excused Hilbert; Hilderbran; Miller; Truitt. The invocation was offered by Reverend Terry Gayle, pastor, University Baptist Church, San Antonio, as follows: Our heavenly Father, we begin this day together by thanking you and praising you for all your blessings. We are reminded that we live from breath to breath and every breath is a gift from you. Let us not take your goodness to us for granted. You are truly our heavenly Father who is able to supply our every need. I thank you for every man and woman in this house and for their work on behalf of our great State of Texas. Because we are weak and frail, I want to lift up before you each member for your guidance, strength, and protection. Some here are going through adversity at this very time. Some have family problems; some are struggling with personal strongholds that enslave them. Some are discouraged; some are stressed over the future; some are uncertain about what decisions to make. And because you are the sovereign God, with all knowledge and power, all love, and because you care about every detail of our lives, I want to lift these here today up before your throne of grace. Make us ever aware that you are the Lord God and nothing is impossible for you. We confess that apart from you we can do nothing. Thank you for hearing our prayer. We pray in the name of Jesus. Amen.

1132 77th LEGISLATURE REGULAR SESSION LEAVES OF ABSENCE GRANTED The following member was granted leave of absence for today because of important business in the district: Miller on motion of Hopson. The following members were granted leave of absence for today because of illness: Hilbert on motion of Haggerty. Truitt on motion of T. King. The following member was granted leave of absence temporarily for today to attend a funeral: Hilderbran on motion of McCall. MESSAGE FROM THE SENATE A message from the senate was received at this time (see the addendum to the daily journal, Messages from the Senate, Message No. 1). CAPITOL PHYSICIAN The speaker recognized Representative Luna who presented Dr. John Whitham of Corpus Christi as the "Doctor for the Day." The house welcomed Dr. Whitham and thanked him for his participation in the Physician of the Day Program sponsored by the Texas Academy of Family Physicians. (Speaker pro tempore in the chair) INTRODUCTION OF GUESTS The chair recognized Representative Yarbrough, who introduced the Robotics Team from Booker T. Washington High School and their principal, Mr. Franklin Wesley. HR 753 - ADOPTED (by Kolkhorst) Representative Kolkhorst moved to suspend all necessary rules to take up and consider at this time HR 753. The motion prevailed without objection. The following resolution was laid before the house: HR 753, In memory of Matthew Gaines of Washington County. HR 753 was read and was unanimously adopted by a rising vote. INTRODUCTION OF GUESTS The chair recognized Representative Kolkhorst, who introduced Dr. Merline Pitrie, acting dean of Texas Southern University; Professor Richard Stadelmann of the Washington County Historical Society; and Curtis McDonald, chemistry professor at Texas Southern University.

Tuesday, April 17, 2001 HOUSE JOURNAL 53rd Day 1133 HR 452 - ADOPTED (by Geren, et al.) Representative Geren moved to suspend all necessary rules to take up and consider at this time HR 452. The motion prevailed without objection. The following resolution was laid before the house: HR 452, In memory of John Sullivan Justin, Jr., of Fort Worth. HR 452 was unanimously adopted by a rising vote. HR 738 - ADOPTED (by Green) Representative Green moved to suspend all necessary rules to take up and consider at this time HR 738. The motion prevailed without objection. The following resolution was laid before the house: HR 738, Congratulating James Fuschak of Wimberley on winning the National Championship Finals in the Coca-Cola Classic bowling tournament. HR 738 was read and was adopted without objection. INTRODUCTION OF GUESTS The chair recognized Representative Green, who introduced James Fuschak, his family and his coach. MESSAGE FROM THE SENATE A message from the senate was received at this time (see the addendum to the daily journal, Messages from the Senate, Message No. 2). HR 658 - ADOPTED (by Talton) Representative Talton moved to suspend all necessary rules to take up and consider at this time HR 658. The motion prevailed without objection. The following resolution was laid before the house: HR 658, Commemorating the 53rd anniversary of the naming of the battleship Texas as the flagship of the Texas Navy. HR 658 was read and was adopted without objection. HR 737 - ADOPTED (by Hill) Representative Hill moved to suspend all necessary rules to take up and consider at this time HR 737. The motion prevailed without objection.

1134 77th LEGISLATURE REGULAR SESSION The following resolution was laid before the house: HR 737, Honoring John Andrew Mabry of Garland on his retirement from the comptroller of public accounts. HR 737 was adopted without objection. HR 699 - ADOPTED (by Ellis) Representative Ellis moved to suspend all necessary rules to take up and consider at this time HR 699. The motion prevailed without objection. The following resolution was laid before the house: HR 699, Honoring Shannon Marie Clancy for being named Miss Tyler County 2001. HR 699 was read and was adopted without objection. INTRODUCTION OF GUESTS The chair recognized Representative Ellis, who introduced Shannon Marie Clancy, Miss Tyler County 2001, and her family. HR 747 - ADOPTED (by Goolsby) Representative Goolsby moved to suspend all necessary rules to take up and consider at this time HR 747. The motion prevailed without objection. The following resolution was laid before the house: HR 747, Congratulating Central Insurance Companies on its 125th anniversary. HR 747 was adopted without objection. (Speaker in the chair) HR 679 - ADOPTED (by Flores, Luna, Keel, and E. Jones) Representative Flores moved to suspend all necessary rules to take up and consider at this time HR 679. The motion prevailed without objection. The following resolution was laid before the house: HR 679, Congratulating The Legends for receiving the 2001 Grammy Award for Best Tejano Album for Que Es Musica Tejana? HR 679 was read and was adopted without objection. On motion of Representative Edwards, the names of all the members of the house were added to HR 679 as signers thereof.

Tuesday, April 17, 2001 HOUSE JOURNAL 53rd Day 1135 INTRODUCTION OF GUESTS The speaker recognized Representative Flores, who introduced The Legends, 2001 Grammy Award winners for Best Tejano Album. (McClendon in the chair) HR 751 - ADOPTED (by Hodge) Representative Hodge moved to suspend all necessary rules to take up and consider at this time HR 751. The motion prevailed without objection. The following resolution was laid before the house: HR 751, Commending Lauren Banks of Dallas as she serves as an honorary page on April 17, 2001. HR 751 was read and was adopted without objection. On motion of Representative Hochberg, the names of all the members of the house were added to HR 751 as signers thereof. INTRODUCTION OF GUESTS The chair recognized Representative Hodge, who introduced Lauren Banks and her family. INTRODUCTION OF GUESTS The chair recognized Representative Howard, who introduced Detective Elmo C. Cepeda; Assistant Chief of Police Robert Neil "Bob" Rack; and Corporal Afton Lamar Lawson, Jr. HR 323, honoring Detective Elmo C. Cepeda on his retirement from the Missouri City Police Department, having been previously adopted, was read. HR 324, honoring Assistant Chief of Police Robert Neil "Bob" Rack of Missouri City on his retirement, having been previously adopted, was read. HR 338, congratulating Corporal Afton Lamar Lawson, Jr., on his retirement from the Missouri City Police Department, having been previously adopted, was read. (Speaker in the chair) REGULAR ORDER OF BUSINESS SUSPENDED On motion of Representative Edwards and by unanimous consent, the reading and referral of bills was postponed until just prior to adjournment. PROVIDING FOR A CONGRATULATORY AND MEMORIAL CALENDAR Representative Edwards moved to set a congratulatory and memorial calendar for 10 a.m. Friday, April 20. The motion prevailed without objection.

1136 77th LEGISLATURE REGULAR SESSION PROVIDING FOR A LOCAL, CONSENT, AND RESOLUTIONS CALENDAR Representative Y. Davis moved to set a local, consent, and resolutions calendar for 10 a.m. Friday, April 20. The motion prevailed without objection. POSTPONED BUSINESS The following bill was laid before the house as postponed business: SB 923 ON SECOND READING (Goolsby - House Sponsor) SB 923, A bill to be entitled An Act relating to the prosecution of the offense of fraudulent destruction, removal, or concealment of a universal product code. SB 923 was considered in lieu of HB 376 SB 923 was read second time and passed to third reading. HB 376 - LAID ON THE TABLE SUBJECT TO CALL Representative Goolsby moved to lay HB 376 on the table subject to call. The motion prevailed without objection. CONSTITUTIONAL AMENDMENTS CALENDAR HOUSE JOINT RESOLUTIONS SECOND READING The following resolution was laid before the house and read second time: CSHJR 52 ON SECOND READING (by Cook) CSHJR 52, A joint resolution proposing a constitutional amendment clearing land titles by relinquishing and releasing any claim of sovereign ownership or title to an interest in certain lands in Bastrop County. A record vote was requested. CSHJR 52 was adopted by (Record 134): 140 Yeas, 1 Nay, 1 Present, not voting. Yeas Alexander; Allen; Averitt; Bailey; Berman; Bonnen; Brimer; Brown, B.; Brown, F.; Burnam; Callegari; Capelo; Carter; Chisum; Christian; Clark; Coleman; Cook; Corte; Counts; Crabb; Craddick; Crownover; Danburg; Davis, J.; Davis, Y.; Delisi; Denny; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Ehrhardt; Eiland; Elkins; Ellis; Farabee; Farrar; Flores; Gallego; Garcia; George; Geren; Giddings; Glaze; Goodman; Goolsby; Gray; Green; Grusendorf; Haggerty; Hamric; Hardcastle; Hartnett; Hawley; Heflin; Hill; Hinojosa; Hochberg; Hodge; Homer; Hope; Hopson; Howard; Hunter; Hupp; Isett; Janek; Jones, D.; Jones, E.; Jones, J.; Junell; Keel; Keffer; King, P.; King, T.; Kitchen; Kolkhorst; Krusee; Kuempel; Lewis, G.; Lewis, R.; Longoria; Luna; Madden; Marchant; Martinez Fischer; Maxey; McCall; McClendon;

Tuesday, April 17, 2001 HOUSE JOURNAL 53rd Day 1137 McReynolds; Menendez; Merritt; Moreno, J.; Moreno, P.; Morrison; Mowery; Naishtat; Najera; Nixon; Noriega; Oliveira; Olivo; Pickett; Pitts; Puente; Ramsay; Rangel; Raymond; Reyna, A.; Reyna, E.; Ritter; Sadler; Salinas; Seaman; Smith; Smithee; Solis; Solomons; Swinford; Talton; Telford; Thompson; Tillery; Turner, B.; Turner, S.; Uher; Uresti; Villarreal; Walker; West; Williams; Wilson; Wise; Wolens; Woolley; Yarbrough; Zbranek. Nay Shields. Present, not voting Mr. Speaker(C). Absent, Excused Hilbert; Hilderbran; Miller; Truitt. Absent Bosse; Chavez; Gutierrez; Wohlgemuth. GENERAL STATE CALENDAR SENATE BILLS THIRD READING The following bill was laid before the house and read third time: SB 302 ON THIRD READING (McCall - House Sponsor) SB 302, A bill to be entitled An Act relating to the continuation of the State Pension Review Board and to functions performed by the board. SB 302 was passed. GENERAL STATE CALENDAR HOUSE BILLS SECOND READING The following bills were laid before the house and read second time: CSHB 2 ON SECOND READING (by Gallego, Danburg, Madden, Swinford, Junell, et al.) CSHB 2, A bill to be entitled An Act relating to the regulation of certain political contributions, political expenditures, and political advertising; providing civil and criminal penalties. Amendment No. 1 Representative Denny offered the following amendment to CSHB 2: Amend CSHB 2 by striking all below the enacting clause and substituting the following: SECTION 1. Section 251.001, Election Code, is amended by amending Subdivisions (2) and (8) and adding Subdivisions (21) and (22) to read as follows: (2) "Contribution" means a direct or indirect transfer of money, goods, services, or any other thing of value and includes an agreement made or other obligation incurred, whether legally enforceable or not, to make a transfer. The term includes a loan or extension of credit, other than those expressly excluded by this subdivision, and a guarantee of a loan or extension of credit, including a loan described by this subdivision. The term does not include:

1138 77th LEGISLATURE REGULAR SESSION (A) a loan made in the due course of business by a corporation that is legally engaged in the business of lending money and that has conducted the business continuously for more than one year before the loan is made; [or] (B) an expenditure required to be reported under Section 305.006(b), Government Code; or (C) the value of services provided without compensation by any individual who volunteers on behalf of a candidate, officeholder, or political committee. (8) "Direct campaign expenditure" means an expenditure by a person for, or related to, political advertising that contains express advocacy and is not made with the cooperation of, in consultation with, in concert with, or at the request or suggestion of a candidate or officeholder or any agent or political committee controlled by the candidate or officeholder. Political advertising is made with the cooperation of, in consultation with, in concert with, or at the request or suggestion of a candidate or officeholder or any agent or political committee controlled by the candidate or officeholder only if it is a coordinated general public political communication as defined by this section [a campaign expenditure that does not constitute a campaign contribution by the person making the expenditure]. (21) "Coordinated general public political communication" means political advertising that is: (A) paid for by a person other than a candidate or officeholder or a political committee controlled by the candidate or officeholder; and (B) created, produced, or distributed: (i) at the explicit request or suggestion of the candidate or officeholder or a political committee controlled by or an authorized agent of the candidate or officeholder; (ii) after the candidate or officeholder or the candidate's agent has exercised control or decision-making authority over the content, timing, location, mode, intended audience, volume of distribution, or frequency of placement of the communication; or (iii) after substantial discussion or negotiation between the creator, producer, or distributor of the communication, or the person paying for the communication, and the candidate or officeholder or a political committee controlled by or authorized agent of the candidate or officeholder regarding the content, timing, location, mode, intended audience, volume of distribution, or frequency of placement of the communication, the result of which is substantial collaboration or agreement amounting to a partnership or joint venture between the other person and the candidate or officeholder with respect to the political communication. (22) "Express advocacy" means a communication that advocates the election or defeat of a clearly identified candidate or officeholder or measure by containing a word or phrase such as "vote for," "reelect," "support," "cast your ballot for," "(name of candidate) for legislature," "(name of candidate or measure) in 2002," "vote against," "defeat," or "reject." SECTION 2. Section 251.005, Election Code, is amended to read as follows:

Tuesday, April 17, 2001 HOUSE JOURNAL 53rd Day 1139 Sec. 251.005. ELECTRONIC FILING FOR OUT-OF-STATE COMMITTEES [EXCLUDED]. (a) An out-of-state political committee that files reports with the Federal Election Commission or with the election authority of another state is not required to file such reports with the Texas Ethics Commission if all of the committee's reports are available electronically. An out-of-state political committee that elects not to file reports with the Texas Ethics Commission shall file a one-page notice with the commission stating that: (1) the committee files reports with the Federal Election Commission or with the election authority of another state; and (2) those reports include contributions or expenditures made by the committee in connection with elections in Texas. [An out-of-state political committee is not subject to Chapter 252 or 254, except as provided by Subsection (b) or (c).] (b) A report filed with another state is not considered to be available electronically under Subsection (a) if the Texas Ethics Commission determines that the disclosure requirements of the other state are less than the disclosure requirements of this state [If an out-of-state committee decides to file a campaign treasurer appointment under Chapter 252, at the time the appointment is filed the committee becomes subject to this title to the same extent as a political committee that is not an out-of-state committee. [(c) If an out-of-state committee performs an activity that removes the committee from out-of-state status as defined by Section 251.001(15), the committee becomes subject to this title to the same extent as a political committee that is not an out-of-state committee]. SECTION 3. Subchapter A, Chapter 251, Election Code, is amended by adding Section 251.010 to read as follows: Sec. 251.010. PROTECTION OF INFORMATION. (a) Recognizing that contributor information required to be included in reports required by Chapter 254 is proprietary information having substantial value, no information obtained from any reports required to be maintained or filed under this title may, without the express written consent of the filer, be sold or used by any person other than the filer: (1) for soliciting contributions for any purpose; or (2) for any commercial purposes. (b) The use of information that is copied or otherwise obtained from reports filed under this title in newspapers, magazines, books, or other similar communications is permissible if the principal purpose of the communication is to educate the public and not to communicate any contributor information listed on the reports for the purpose of soliciting contributions or for other commercial purposes. (c) A person required to report contributions under Chapter 254 may submit up to 10 pseudonyms on each report filed in order to protect against illegal use of names and addresses of contributors provided that the total amount of fictitious contributions does not exceed the greater of five percent of contributions reported or $2,500. If a filer uses pseudonyms, the filer shall subtract the total dollar amount of the fictitious contributions from the total of unitemized contributions required to be reported under Section 254.031(a)(6).

1140 77th LEGISLATURE REGULAR SESSION Any filer who uses pseudonyms shall submit a list of the pseudonyms and amounts contributed separately to the commission on or before the date on which the report containing the fictitious names is filed. The commission shall exclude the list of pseudonyms from the public records, and the list shall be kept confidential by the commission and may not be disclosed to the public for any reason without the express written consent of the filer. (d) In addition to any penalties imposed by the commission, any person found to have violated Subsection (a) or (c) shall be liable in damages to the person filing the report. In this subsection, "damages" means the fair market value of the contributor information improperly used and the reasonable attorney's fees incurred by the filer. In addition to damages, the person filing the report shall be entitled as a matter of right to an injunction prohibiting a violation of this section and an order recovering reasonable attorney's fees incurred to obtain the injunctive relief from any district court in this state. (e) A filer may not use this section for the purpose of circumventing the reporting requirements of this title by materially inflating the amount of contributions reported by the filer. SECTION 4. Subsection (a), Section 252.003, Election Code, is amended to read as follows: (a) In addition to the information required by Section 252.002, a campaign treasurer appointment by a general-purpose committee must include: (1) the full name, and any acronym of the name that will be used in the name of the committee as provided by Subsection (d), of each corporation, labor organization, or other association or legal entity that directly establishes, administers, or controls the committee, if applicable, or the name of each person who determines to whom the committee makes contributions or the name of each person who determines for what purposes the committee makes expenditures; and (2) [the full name and address of each general-purpose committee to whom the committee intends to make political contributions; and [(3)] the name of the committee and, if the name is an acronym, the words the acronym represents. SECTION 5. Subchapter A, Chapter 253, Election Code, is amended by adding Section 253.006 to read as follows: Sec. 253.006. COERCION PROHIBITED. (a) A person, including a candidate, officeholder, or political committee, commits an offense if the person uses or threatens to use physical force, job discrimination, or financial reprisal to obtain a contribution or other thing of value to be used to influence the result of an election or to assist an officeholder. (b) A candidate, officeholder, or political committee commits an offense if the person accepts or uses money or any other thing of value that is known by the candidate or officeholder or by an officer of the political committee, or an individual who causes the political committee to accept or use the money or other thing of value, to have been obtained in violation of Subsection (a). (c) An offense under this section is a felony of the third degree. SECTION 6. Section 253.031, Election Code, is amended to read as follows: Sec. 253.031. CONTRIBUTION AND EXPENDITURE WITHOUT

Tuesday, April 17, 2001 HOUSE JOURNAL 53rd Day 1141 CAMPAIGN TREASURER PROHIBITED. (a) A candidate may not knowingly accept a campaign contribution or make or authorize a campaign expenditure at a time when a campaign treasurer appointment for the candidate is not in effect. (b) A political committee may not knowingly accept political contributions totaling more than $500 or make or authorize political expenditures totaling more than $500 at a time when a campaign treasurer appointment for the committee is not in effect. (c) A political committee that files its appointment of treasurer within 30 days before an election may not knowingly make or authorize a campaign contribution or campaign expenditure supporting or opposing a candidate for an office specified by Section 252.005(1) in a primary or general election unless the committee files within 48 hours after such appointment of treasurer a report that contains the information required by Chapter 254 covering the period through the date the committee's appointment of [campaign] treasurer was [appointment has been] filed [not later than the 30th day before the appropriate election day]. (d) This section does not apply to a political party's county executive committee that accepts political contributions or makes political expenditures, except that: (1) a county executive committee that accepts political contributions or makes political expenditures shall maintain the records required by Section 254.001; and (2) a county executive committee that accepts political contributions or makes political expenditures that, in the aggregate, exceed $5,000 in a calendar year shall file: (A) a campaign treasurer appointment as required by Section 252.001 not later than the 15th day after the date that amount is exceeded; and (B) the reports required by Subchapter F, Chapter 254, including in the political committee's first report all political contributions accepted and all political expenditures made before the effective date of the campaign treasurer appointment. (e) This section does not apply to an out-of-state political committee unless the committee meets the requirements of [is subject to Chapter 252 under] Section 251.005. (f) A person who violates this section commits an offense. An offense under this section is a Class A misdemeanor. SECTION 7. Section 253.033, Election Code, is amended to read as follows: Sec. 253.033. CASH CONTRIBUTIONS EXCEEDING $100 PROHIBITED; ANONYMOUS CONTRIBUTIONS. (a) A candidate, officeholder, or specific-purpose committee may not knowingly accept from a contributor in a reporting period political contributions in cash that in the aggregate exceed $100. (b) A candidate, officeholder, or political committee that receives an anonymous cash contribution in excess of $50 shall promptly disburse the amount over $50 to one or more of the entities listed in Section 254.204(a)(1), (3), (5), or (6). Anonymous cash contributions of $50 or less may be used by the candidate, officeholder, or political committee for any lawful purpose.

1142 77th LEGISLATURE REGULAR SESSION (c) A person who violates this section commits an offense. An offense under this section is a Class A misdemeanor. SECTION 8. Subsections (b) and (e), Section 253.042, Election Code, are amended to read as follows: (b) A candidate or officeholder who accepts one or more political contributions in the form of loans, including an extension of credit or a guarantee of a loan or extension of credit, from one or more persons related to the candidate or officeholder within the second degree by affinity or consanguinity as determined under Chapter 573, Government Code, may not use political contributions to repay the loans in amounts that in the aggregate exceed the amount prescribed by Subsection (a). A candidate or officeholder may not use political contributions, in amounts that in the aggregate exceed the amount prescribed by Subsection (a), to repay any other loan or extension of credit for which the candidate or officeholder is personally liable or is obligated or that the candidate or officeholder guarantees. (e) This section does not prohibit the payment of interest at a commercially reasonable rate on loans covered by this section from a financial institution. A candidate or officeholder may not use political contributions to pay [at a commercially reasonable rate, except that] interest on loans from a candidate's or officeholder's personal funds or on loans from the personal funds of any person related to the candidate or officeholder within the second degree by affinity or consanguinity [is included in the amount prescribed by Subsection (a), (b), or (c)]. SECTION 9. Section 253.063, Election Code, is amended to read as follows: Sec. 253.063. TRAVEL EXPENSE. Unreimbursed travel expenses incurred by an individual shall not be considered a contribution or a [A] direct campaign expenditure and shall not be reportable under this subchapter or Chapter 254 [consisting of personal travel expenses incurred by an individual may be made without complying with Section 253.062(a)(1)]. SECTION 10. Section 253.098, Election Code, is amended by amending Subsection (b) and adding Subsection (c) to read as follows: (b) A corporation or labor organization may make one or more campaign expenditures from its own property for the purpose of permitting a candidate to appear and speak at a meeting of its directors, officers, stockholders, or members, as applicable, or of the families of its directors, officers, stockholders, or members. A corporation or labor organization may not make an expenditure under this subsection for transportation or lodging. (c) An expenditure under this section is not reportable under Chapter 254. SECTION 11. Subchapter D, Chapter 253, Election Code, is amended by adding Section 253.105 to read as follows: Sec. 253.105. CONTRIBUTION BY PARTNERSHIP OR LIMITED LIABILITY COMPANY. This subchapter does not prohibit a political contribution made by a partnership or limited liability company if the contribution is not charged to the profits, interest, or capital account of a partner or member that is a corporation covered by Section 253.091. SECTION 12. Section 253.162, Election Code, is amended by amending Subsections (b), (c), and (d) and adding Subsections (e) and (f) to read as follows:

Tuesday, April 17, 2001 HOUSE JOURNAL 53rd Day 1143 (b) A judicial candidate or officeholder may not: (1) use political contributions to repay a loan [who accepts one or more political contributions in the form of loans], including an extension of credit or a guarantee of a loan or extension of credit, from one or more persons related to the candidate or officeholder within the second degree by consanguinity, as determined under [Subchapter B,] Chapter 573, Government Code; or (2) use political contributions, in amounts that in the aggregate exceed the amount prescribed by Subsection (a), to repay any other loan or extension of credit for which the candidate or officeholder is personally liable or is obligated or that the candidate or officeholder guarantees[, may not use political contributions to repay the loans]. (c) The total amount of both reimbursements under Subsection (a) and repayments under Subsection (b)(2) made by a judicial candidate or officeholder may not exceed the amount prescribed by Subsection (a). (d) A person who is both a candidate and an officeholder may reimburse the person's personal funds or repay loans from political contributions only in one capacity. (e) This section does not prohibit the payment of interest at a commercially reasonable rate on loans covered by this section from a financial institution. A judicial candidate or officeholder may not use political contributions to pay interest on loans from a candidate's or officeholder's personal funds or on loans from the personal funds of any person related to the candidate or officeholder within the second degree by affinity or consanguinity. (f) [(d)] A person who violates this section is liable for a civil penalty not to exceed three times the amount by which the reimbursement made in violation of this section exceeds the applicable limit prescribed by Subsection (a). SECTION 13. Subsection (a), Section 254.031, Election Code, is amended to read as follows: (a) Except as otherwise provided by this chapter, each report filed under this chapter must include: (1) the amount of political contributions from each person that in the aggregate exceed $100 [$50] and that are accepted during the reporting period by the person or committee required to file a report under this chapter, the full name and address of the person making the contributions, and the dates of the contributions, and: (A) if the contribution is an in-kind contribution, a description of the property or services contributed; and (B) with respect to contributions, other than contributions subject to Section 254.151(9), made by any partnership, limited liability company, professional corporation, or professional association, the name of each partner, member, or shareholder, as applicable, whose interest in the entity's profits has been charged by the contribution; (2) for each individual from whom the person or committee required to file the report has accepted political contributions that in the aggregate exceed $500 and that are accepted during the reporting period: (A) the individual's principal occupation or job title; and (B) the full name of the individual's employer, if any;

1144 77th LEGISLATURE REGULAR SESSION (3) the original principal amount of loans that are made during the reporting period for campaign or officeholder purposes to the person or committee required to file the report and that in the aggregate exceed $100 [$50], the dates the loans are made, the interest rate, the maturity date, the type of collateral for the loans, if any, the full name and address of the person or financial institution making the loans, the full name and address, principal occupation, and name of the employer of each guarantor of the loans, the amount of the loans guaranteed by each guarantor, and on a separate schedule the full name and address of the person or financial institution making each loan, the date each loan was made, the original principal amount of each loan, and the [aggregate] principal amount of each [all] outstanding loan [loans] as of the last day of the reporting period; (4) [(3)] the amount of political expenditures that in the aggregate exceed $100 [$50] and that are made during the reporting period, the full name and address of the persons to whom the expenditures are made, and the dates and purposes of the expenditures; (5) [(4)] the amount of each payment made during the reporting period from a political contribution if the payment is not a political expenditure, the full name and address of the person to whom the payment is made, and the date and purpose of the payment; (6) [(5)] the total amount or a specific listing of the political contributions of $100 [$50] or less accepted and the total amount or a specific listing of the political expenditures of $100 [$50] or less made during the reporting period; (7) [(6)] the total amount of all political contributions accepted and the total amount of all political expenditures made during the reporting period; [and] (8) [(7)] the name of each candidate or officeholder who benefits from a direct campaign expenditure made during the reporting period by the person or committee required to file the report, and the office sought or held, excluding a direct campaign expenditure that is made by the principal political committee of a political party on behalf of a slate of two or more nominees of that party; and (9) the total amount of funds, including interest or other income, maintained in one or more accounts in which political contributions are deposited as of the last day of the reporting period. SECTION 14. Subchapter B, Chapter 254, Election Code, is amended by adding Sections 254.0312 and 254.0313 to read as follows: Sec. 254.0312. BEST EFFORTS. (a) A person required to file a report under this chapter is considered to have used best efforts to obtain, maintain, and report the information required by Section 254.031(a)(2) if the person or the person's campaign treasurer complies with this section. (b) Each written solicitation for political contributions from an individual must include: (1) a request for the individual's full name and address, the individual's principal occupation or job title, and the full name of the individual's employer; and (2) a statement of state law regarding the collection and reporting of individual contributor information, such as:

Tuesday, April 17, 2001 HOUSE JOURNAL 53rd Day 1145 (A) "State law requires (a candidate, officeholder, or committee, as applicable) to use best efforts to request and report the full name and address, principal occupation or job title, and full name of employer of individuals whose contributions exceed $500 in a reporting period."; or (B) "To comply with state law, (a candidate, officeholder, or committee, as applicable) must use best efforts to request, maintain, and report the full name and address, principal occupation or job title, and full name of employer of individuals whose contributions exceed $500 in a reporting period." (c) For each political contribution received from an individual which, when aggregated with all other political contributions received from the individual during the reporting period, exceeds $500 and for which the information required by Section 254.031(a)(2) is not provided, the person must make at least one oral or written request for the missing information. A request under this subsection: (1) must be made not later than the 30th day after the date the contribution is received; and (2) may not be made in conjunction with a solicitation for an additional political contribution. (d) A request under Subsection (c) that is made in writing must include a clear and conspicuous statement that complies with Subsection (b)(2) and a preaddressed envelope or postcard for responding to the request. A request that is made orally must be documented in writing. (e) A person must report any information required by Section 254.031(a)(2) that is not provided by the individual making the contribution and that the person has in the person's records of political contributions or previous reports under this chapter. (f) Instead of the request and statement required by Subsection (b), a person may use any disclosure containing a similar request and statement that has been approved by the Federal Election Commission. Sec. 254.0313. REPORTING BY OUT-OF-STATE POLITICAL COMMITTEE. Instead of the information required by Sections 254.031(a)(4), (6), and (7), each report filed under this chapter by an out-of-state political committee must include: (1) the amount of political expenditures in connection with elections in this state that in the aggregate exceed $100 and that are made during the reporting period, the full name and address of the persons to whom the expenditures are made, and the dates and purposes of the expenditures; (2) the total amount or a specific listing of the political contributions of $100 or less accepted and the total amount or a specific listing of the political expenditures in connection with elections in this state of $100 or less made during the reporting period; and (3) the total amount of all political contributions accepted and the total amount of all political expenditures in connection with elections in this state made during the reporting period. SECTION 15. Subsection (a), Section 254.038, Election Code, is amended to read as follows: (a) In addition to other reports required by this chapter, the following persons shall file additional reports during the period beginning the ninth day before election day and ending at 12 noon on the second day before election day:

1146 77th LEGISLATURE REGULAR SESSION (1) a candidate for statewide office who has an opponent whose name is to appear on the ballot and who accepts political contributions from a person that in the aggregate exceed $1,000 during that reporting period; (2) a candidate for state senator who has an opponent whose name is to appear on the ballot and who accepts political contributions from a person that in the aggregate exceed $1,000 during that reporting period; (3) [(2)] a candidate for state representative who has an opponent whose name is to appear on the ballot and who accepts political contributions from a person that in the aggregate exceed $200 during that reporting period; (4) a specific-purpose committee for supporting or opposing a candidate for statewide office and that accepts political contributions from a person that in the aggregate exceed $1,000 during that reporting period; (5) [(3)] a specific-purpose committee for supporting or opposing a candidate for state senator and that accepts political contributions from a person that in the aggregate exceed $1,000 during that reporting period; and (6) [(4)] a specific-purpose committee for supporting or opposing a candidate for state representative and that accepts political contributions from a person that in the aggregate exceed $200 during that reporting period. SECTION 16. Subchapter B, Chapter 254, Election Code, is amended by adding Section 254.0381 to read as follows: Sec. 254.0381. TELEGRAM REPORT OF CERTAIN DIRECT CAMPAIGN EXPENDITURES. (a) In addition to other reports required by this chapter, a person or general-purpose committee that makes direct campaign expenditures that in the aggregate exceed $5,000 during the period beginning the ninth day before election day and ending at 12 noon on the second day before election day shall file a report not later than 48 hours after the expenditure is made. (b) Each report required by this section must include the amount of the expenditures, the full name and address and principal occupation of the persons to whom the expenditures are made, and the dates of the expenditures. (c) A report under this section shall be filed by telegram or telephonic facsimile machine or by hand. (d) This section does not apply to a direct campaign expenditure made by the principal political committee of a political party. (e) Section 254.036 does not apply to a report required by this section. SECTION 17. Subsection (c), Section 254.041, Election Code, is amended to read as follows: (c) A violation of Subsection (a)(1) [(a)(2) by a candidate or officeholder] is a Class A misdemeanor if it is shown on the trial of the offense that the person intentionally failed to file the report on time with knowledge of the legal obligation to file the report [fails to include information required by Section 254.061(3) or Section 254.091(2), as applicable]. SECTION 18. Subsection (a), Section 254.042, Election Code, is amended to read as follows: (a) The commission shall determine from any available evidence whether a report, other than a telegram report under Section 254.038 [or 254.039], required to be filed with the commission under this chapter is late. On making that determination, the commission shall immediately mail a notice of the determination to the person required to file the report.

Tuesday, April 17, 2001 HOUSE JOURNAL 53rd Day 1147 SECTION 19. Section 254.061, Election Code, is amended to read as follows: Sec. 254.061. ADDITIONAL CONTENTS OF REPORTS. In addition to the contents required by Section 254.031, each report by a candidate must include: (1) the candidate's full name and address, the office sought, and the identity and date of the election for which the report is filed; (2) the campaign treasurer's name, residence or business street address, and telephone number; and (3) [for each political committee from which the candidate received notice under Section 254.128 or 254.161: [(A) the committee's full name and address; [(B) an indication of whether the committee is a generalpurpose committee or a specific-purpose committee; and [(C) the full name and address of the committee's campaign treasurer; [(4) the full name and address of each individual acting as a campaign treasurer of a political committee under Section 253.062 from whom the candidate received notice under Section 254.128 or 254.161; and [(5)] on a separate page or pages of the report, the identification of any payment from political contributions made to a business in which the candidate has a participating interest of more than 10 percent, holds a position on the governing body of the business, or serves as an officer of the business. SECTION 20. Section 254.091, Election Code, is amended to read as follows: Sec. 254.091. ADDITIONAL CONTENTS OF REPORTS. In addition to the contents required by Section 254.031, each report by an officeholder must include: (1) the officeholder's full name and address and the office held; and (2) [for each political committee from which the officeholder received notice under Section 254.128 or 254.161: [(A) the committee's full name and address; [(B) an indication of whether the committee is a generalpurpose committee or a specific-purpose committee; and [(C) the full name and address of the committee's campaign treasurer; and [(3)] on a separate page or pages of the report, the identification of any payment from political contributions made to a business in which the officeholder has a participating interest of more than 10 percent, holds a position on the governing body of the business, or serves as an officer of the business. SECTION 21. Section 254.128, Election Code, is amended to read as follows: Sec. 254.128. NOTICE TO CANDIDATE AND OFFICEHOLDER OF IN- KIND CONTRIBUTIONS [AND EXPENDITURES]. (a) If a specific-purpose committee, other than a special-purpose committee established, controlled, or authorized by the candidate or officeholder, [accepts political contributions or] makes political expenditures for a candidate or officeholder that constitute

1148 77th LEGISLATURE REGULAR SESSION an in-kind contribution, the committee's campaign treasurer shall deliver written notice of that fact to the affected candidate or officeholder not later than the end of the period covered by the report in which the reportable activity occurs. (b) The notice must include the full name and address of the political committee and its campaign treasurer, [and] an indication that the committee is a specific-purpose committee, and the amount and nature of the contribution. (c) A campaign treasurer commits an offense if the campaign treasurer fails to comply with this section. An offense under this section is a Class A misdemeanor. SECTION 22. Section 254.151, Election Code, is amended to read as follows: Sec. 254.151. ADDITIONAL CONTENTS OF REPORTS. In addition to the contents required by Section 254.031, each report by a campaign treasurer of a general-purpose committee must include: (1) the committee's full name and address; (2) the full name, residence or business street address, and telephone number of the committee's campaign treasurer; (3) the identity and date of the election for which the report is filed, if applicable; (4) the name of each identified candidate or measure or classification by party of candidates supported or opposed by the committee, indicating whether the committee supports or opposes each listed candidate, measure, or classification by party of candidates; (5) the name of each identified officeholder or classification by party of officeholders assisted by the committee; (6) the principal occupation of each person from whom political contributions that in the aggregate exceed $500 [$50] are accepted during the reporting period; (7) the amount of each political expenditure in the form of a political contribution made to a candidate, officeholder, or another political committee that is returned to the committee during the reporting period, the name of the person to whom the expenditure was originally made, and the date it is returned; [and] (8) on a separate page or pages of the report, the identification of any contribution from a corporation or labor organization made and accepted under Subchapter D, Chapter 253; and (9) on a separate page or pages of the report, the identification of any contribution made to the committee that is intended by the donor to be used by the committee for administrative, overhead, or fund-raising expenses, unless the contribution is otherwise disclosed elsewhere in the report. SECTION 23. Section 254.161, Election Code, is amended to read as follows: Sec. 254.161. NOTICE TO CANDIDATE AND OFFICEHOLDER OF CONTRIBUTIONS AND EXPENDITURES. If a general-purpose committee other than the principal political committee of a political party or a political committee established by a political party's county executive committee [accepts political contributions or] makes direct political expenditures for a

Tuesday, April 17, 2001 HOUSE JOURNAL 53rd Day 1149 candidate or officeholder that constitute a contribution, notice of that fact shall be given to the affected candidate or officeholder as provided by Section 254.128 for a specific-purpose committee. SECTION 24. Section 257.002, Election Code, is amended by amending Subsection (b) and adding Subsection (c) to read as follows: (b) Subject to Subsection (c), a [A] political party that accepts contributions authorized by Section 253.104 shall maintain the contributions in a separate account. (c) Nothing in this title shall prohibit a political party from transferring funds held in the account required to be maintained under Subsection (b) to another account maintained by the political party under the requirements of federal law for the purpose of disbursing the political party's funds generally if the political party can reasonably demonstrate that the funds are being disbursed from the other account in compliance with applicable federal law and for permitted uses and purposes. SECTION 25. The following laws are repealed: (1) Sections 253.032 and 253.037, Election Code; (2) Subsection (d), Section 253.100, Election Code; (3) Sections 254.032 and 254.033, Election Code; and (4) Section 254.039, Election Code. SECTION 26. (a) The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. For purposes of this section, an offense is committed before the effective date of this Act if any element of the offense occurs before the effective date. (b) An offense committed before the effective date of this Act is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. SECTION 27. Sections 253.042 and 253.162, Election Code, as amended by this Act, apply only to repayment of a loan or extension of credit made on or after September 1, 2001. The repayment of a loan or extension of credit made before September 1, 2001, is governed by the law in effect on the date the loan or extension of credit was made, and the former law is continued in effect for that purpose. SECTION 28. This Act takes effect September 1, 2001. Representative Gallego moved to table Amendment No. 1. A record vote was requested. The motion to table prevailed by (Record 135): 74 Yeas, 69 Nays, 2 Present, not voting. Yeas Alexander; Bailey; Bosse; Burnam; Capelo; Carter; Chavez; Coleman; Cook; Counts; Danburg; Deshotel; Dukes; Dunnam; Dutton; Ehrhardt; Ellis; Farabee; Farrar; Flores; Gallego; Garcia; Giddings; Glaze; Gray; Gutierrez; Hawley; Hinojosa; Hochberg; Hodge; Homer; Hopson; Jones, J.; Junell; King, T.; Kitchen; Lewis, G.; Lewis, R.; Longoria; Luna; Martinez Fischer; Maxey; McClendon; McReynolds; Menendez; Moreno, J.; Moreno, P.; Naishtat; Najera; Noriega; Oliveira; Olivo; Pickett; Puente; Ramsay; Rangel; Raymond; Reyna, A.; Ritter; Sadler; Salinas; Solis; Telford; Thompson; Tillery; Turner, B.; Turner, S.; Uher; Uresti; Villarreal; Wise; Wolens; Yarbrough; Zbranek.

1150 77th LEGISLATURE REGULAR SESSION Nays Allen; Averitt; Berman; Bonnen; Brimer; Brown, B.; Brown, F.; Callegari; Chisum; Christian; Clark; Corte; Crabb; Craddick; Crownover; Davis, Y.; Delisi; Denny; Driver; Edwards; Elkins; George; Geren; Goodman; Goolsby; Green; Grusendorf; Haggerty; Hamric; Hardcastle; Hartnett; Heflin; Hill; Hope; Howard; Hunter; Hupp; Isett; Janek; Jones, D.; Jones, E.; Keel; Keffer; King, P.; Kolkhorst; Krusee; Kuempel; Madden; Marchant; McCall; Merritt; Morrison; Mowery; Nixon; Pitts; Reyna, E.; Seaman; Shields; Smith; Smithee; Solomons; Swinford; Talton; Walker; West; Williams; Wilson; Wohlgemuth; Woolley. Present, not voting -- Mr. Speaker(C); Davis, J. Absent, Excused -- Hilbert; Hilderbran; Miller; Truitt. Absent Eiland. STATEMENTS OF VOTE I was shown voting present, not voting on Record No. 135. I intended to vote no. J. Davis When Record No. 135 was taken, I was temporarily out of the house chamber, working on a worker comp bill and meeting on Medicaid reform. I would have voted yes. Eiland Amendment No. 2 Representatives Gallego and Madden offered the following amendment to CSHB 2: Amend CSHB 2 as follows: (1) On page 4, line 3, strike "the purpose of soliciting contributions or for other". (2) On page 4, line 13, strike "254.031(6)" and substitute "254.031(a)(5)". (3) On page 7, lines 10 and 11, strike "the committee supports or assists". (4) On page 9, line 20, strike "the committee supports or assists". (5) On page 10, line 24, following the semi-colon, insert "and". (6) On page 10, strike lines 25-27, and on page 11, strike line 1. (7) On page 11, line 2, strike "(C)" and substitute "(B)". (8) On page 13, strike lines 22-26. (9) On page 14, line 11, following the semi-colon, insert "and". (10) On page 14, strike lines 12-14. (11) On page 14, line 15, strike "(C)" and substitute "(B)". (12) On page 16, strike lines 8-12 and substitute the following: (i) [(h)] In this section, "legislative caucus" has the meaning assigned by Section 253.0341. (13) On page 29, line 16, strike "a political advertisement" and substitute "political advertising". Amendment No. 2 was adopted without objection. Amendment No. 3 Representatives Gallego and Madden offered the following amendment to CSHB 2:

Tuesday, April 17, 2001 HOUSE JOURNAL 53rd Day 1151 Amend CSHB 2 as follows: (1) On page 28, line 16, strike "Subsection (d)" and substitute "Subsections (d)-(f)". (2) On page 28, line 22, strike "(c)," and substitute "(c), (d), or (e),". (3) On page 29, between lines 16 and 17, insert the following: (d) Political advertising that is printed, copied, published, or broadcast on behalf of a political committee and that supports two or more candidates is not required to indicate the full name and address of each candidate if the advertising indicates the full names and addresses of the committee and the committee's campaign treasurer. (e) Political advertising that is distributed by or on behalf of a candidate, officeholder, or political committee and that consists of electronic mail to not more than 50 original recipients is not required to state the address of a campaign treasurer, candidate, officeholder, or political committee. For purposes of this subsection, only a recipient to whom the candidate, officeholder, or political committee or that person's agent directly distributes the electronic mail is considered to be an original recipient. (4) On page 29, line 17, strike "(d)" and substitute "(f)". Amendment No. 3 was adopted without objection. Amendment No. 4 Representative Madden offered the following amendment to CSHB 2: Amend CSHB 2 by causing line 10 on page 22 to read as follows: persons making political contributions only when such are required to be electronically reported under Section 254.036, Election Code. and renumber the subsequent lines, pages, etc., accordingly. Also, on line 15 of page 22, insert the word "electronic" ahead of the word "reports". On page 22, line 24, after the period at the end of that line, add "It is acceptable that in lieu of (a) and (b) above the commission could describe how the software can be used to obtain the same information." Amendment No. 4 was withdrawn. Amendment No. 5 Representative Wolens offered the following amendment to CSHB 2: Amend CSHB 2 by striking Section 17 of the bill (page 22, lines 6-24) and substituting the following: SECTION 17. Section 254.0402, Election Code, is amended by adding Subsection (c) to read as follows: (c) The electronic access to information from reports filed with the commission required by Subsection (b) must permit a person to compile a list of the political contributions made by any person. A list compiled under this subsection must include, for each political contribution a person makes, the date and amount of the contribution and the name of the candidate, officeholder, or political committee to whom the contribution was made. Amendment No. 5 was adopted without objection. Amendment No. 6 Representative Denny offered the following amendment to CSHB 2:

1152 77th LEGISLATURE REGULAR SESSION Amend CSHB 2 by striking page 6, lines 15-25, and substituting the following: (1) for governor, $500,000; (2) for a statewide office other than governor, $250,000; (3) for state senator, $200,000; (4) for state representative, $100,000; and (5) for the office of member, State Board of Education, $100,000 [(2) for governor, $500,000]. Amendment No. 6 was adopted without objection. Amendment No. 7 Representative Wolens offered the following amendment to CSHB 2: Amend CSHB 2 as follows: (1) On page 16, strike lines 22-27, on page 17, strike lines 1-27, and on page 18, strike lines 1-7, and substitute the following: (b) For each political contribution or contribution to a legislative caucus received by a person required to file a report under this chapter from an individual which, when aggregated with all other such contributions received from the individual during the reporting period, exceeds $1,000 and for which the information required by Paragraph (A) of Section 254.031(a)(1) or Paragraph (A) of Section 254.0311(b)(1) is not provided to or otherwise known by the person, the person must make at least one oral or written request for the information. A request under this subsection: (1) must be made not later than the 30th day after the date the contribution is received; (2) must include: (A) a clear request for the individual's full name and address, the individual's principal occupation or job title, and the full name of the individual's employer; and (B) an accurate statement of state law regarding the collection and reporting of individual contributor information, such as: (i) "State law requires (a candidate, officeholder, political committee, or legislative caucus, as applicable) to use best efforts to request and report the full name and address, principal occupation or job title, and full name of employer of individuals whose contributions exceed $1,000 in a reporting period."; or (ii) "To comply with state law, (a candidate, officeholder, political committee, or legislative caucus, as applicable) must use best efforts to request, maintain, and report the full name and address, principal occupation or job title, and full name of employer of individuals whose contributions exceed $1,000 in a reporting period."; (3) if made orally, must be documented in writing; and (4) may not be made in conjunction with a solicitation for an additional contribution. (c) Instead of the request and statement required by Subsection (b)(2), a person may use any disclosure containing a similar request and statement that has been approved by the Federal Election Commission. (2) On page 18, line 8, strike "(e)" and substitute "(d)".

Tuesday, April 17, 2001 HOUSE JOURNAL 53rd Day 1153 Amendment No. 7 was adopted without objection. (The vote was reconsidered later today and the amendment was withdrawn.) Amendment No. 8 Representative Wolens offered the following amendment to CSHB 2: Amend CSHB 2 as follows: (1) On page 4, strike lines 5-20. (2) On page 4, line 21, strike "(d)" and substitute "(c)". (3) On page 4, line 22, strike "or (c)". (4) On page 5, strike lines 4-7. Amendment No. 8 was adopted without objection. Amendment No. 9 Representative Howard offered the following amendment to CSHB 2: Amend CSHB 2 as follows: (1) On page 5, between lines 7 and 8, insert the following new SECTION, and renumber the subsequent SECTIONS accordingly: SECTION 3. Subchapter B, Chapter 251, Election Code, is amended by adding Section 251.034 to read as follows: Sec. 251.034. FAILURE OF CANDIDATE TO APPOINT CAMPAIGN TREASURER OR FILE REPORTS; REMOVAL OF NAME FROM BALLOT. (a) This section applies only to a candidate for an office described by Section 252.005(1), other than a candidate for the office of district attorney. (b) Not later than the 75th day before the date of the general election for state and county officers, the commission shall determine whether each person who is a candidate whose name is to appear on the ballot in that election has: (1) appointed a campaign treasurer in connection with the candidacy; and (2) filed with the commission each report required under Subchapter C, Chapter 254, in connection with the candidacy. (c) Not later than the 10th day after the deadline for filing an application for a place on the ballot in an election to fill a vacancy in the office of state senator or state representative, the commission shall determine whether each person who is a candidate whose name is to appear on the ballot in that election has appointed a campaign treasurer in connection with the candidacy. (d) If the commission determines that a candidate has not appointed a campaign treasurer or filed each required report, the commission shall promptly certify that fact to the secretary of state. (e) On receipt of a certification under Subsection (d), the secretary of state shall promptly take action necessary to remove the person's name from the ballot. (2) On page 30, line 12, between "SECTION 29." and "(a)", insert the following new subsection, and reletter the subsequent subsections accordingly: (a) Section 251.034, Election Code, as added by this Act, applies beginning with the general election for state and county officers to be held on November 5, 2002. Representative Gallego moved to table Amendment No. 9. The motion to table prevailed.

1154 77th LEGISLATURE REGULAR SESSION Amendment No. 10 Representative Madden offered the following amendment to CSHB 2: Amend CSHB 2 by inserting on page 5 between lines 21 and 22 the following: "(c) An offense under this section is a felony of the third degree." Amendment No. 11 Representative Gallego offered the following amendment to Amendment No. 10: Amend the Madden amendment to CSHB 2 on page 1 by striking "felony of the third degree" and substituting "Class C misdemeanor". Amendment No. 11 was adopted without objection. Amendment No. 10, as amended, was adopted without objection. Amendment No. 12 Representative Gallego offered the following amendment to CSHB 2: Amend CSHB 2 on page 24, line 13, by striking "Class B" and substituting "Class C". Amendment No. 12 was adopted without objection. Amendment No. 13 Representative Madden offered the following amendment to CSHB 2: Amend CSHB 2 by returning to the prior language on page 20, line 4, which would again make the deadline read "... not later than 48 hours after the contribution is accepted." rather than the proposed "... not later than 24...". Representative Gallego moved to table Amendment No. 13. The motion to table was lost. A record vote was requested. Amendment No. 13 was adopted by (Record 136): 74 Yeas, 66 Nays, 1 Present, not voting. Yeas Allen; Averitt; Berman; Bonnen; Brimer; Brown, B.; Brown, F.; Callegari; Carter; Chisum; Christian; Clark; Corte; Crabb; Craddick; Davis, J.; Davis, Y.; Delisi; Denny; Driver; Elkins; Ellis; George; Geren; Goodman; Green; Grusendorf; Hamric; Hardcastle; Hartnett; Heflin; Hill; Hope; Howard; Hunter; Hupp; Isett; Janek; Jones, D.; Jones, E.; Jones, J.; Keel; Keffer; King, P.; King, T.; Kolkhorst; Krusee; Kuempel; Lewis, G.; Lewis, R.; Madden; Marchant; McCall; Merritt; Morrison; Nixon; Pitts; Ramsay; Reyna, E.; Seaman; Shields; Smith; Smithee; Solomons; Swinford; Talton; Turner, B.; Walker; West; Williams; Wilson; Wohlgemuth; Wolens; Woolley. Nays Alexander; Bailey; Bosse; Burnam; Capelo; Chavez; Coleman; Cook; Counts; Danburg; Deshotel; Dukes; Dunnam; Dutton; Edwards; Ehrhardt; Eiland; Farabee; Farrar; Flores; Gallego; Garcia; Glaze; Gray; Gutierrez;

Tuesday, April 17, 2001 HOUSE JOURNAL 53rd Day 1155 Hawley; Hinojosa; Hochberg; Hodge; Homer; Hopson; Junell; Kitchen; Longoria; Luna; Martinez Fischer; Maxey; McClendon; McReynolds; Menendez; Moreno, J.; Moreno, P.; Naishtat; Najera; Noriega; Oliveira; Olivo; Pickett; Puente; Rangel; Raymond; Reyna, A.; Ritter; Sadler; Salinas; Solis; Telford; Thompson; Tillery; Turner, S.; Uher; Uresti; Villarreal; Wise; Yarbrough; Zbranek. Present, not voting Mr. Speaker(C). Absent, Excused Hilbert; Hilderbran; Miller; Truitt. Absent Crownover; Giddings; Goolsby; Haggerty; Mowery. STATEMENT OF VOTE When Record No. 136 was taken, I was in the house but away from my desk. I would have voted yes. Crownover Amendment No. 7 - Vote Reconsidered Representative Wolens moved to reconsider the vote by which Amendment No. 7 was adopted. The motion to reconsider prevailed. Amendment No. 7 was withdrawn. Amendment No. 14 Representatives Giddings, S. Turner, Marchant, and Hill offered the following amendment to CSHB 2: Amend CSHB 2 as follows: (1) On page 10, strike lines 22-24. (2) On page 10, line 25, strike "(B)" and substitute "(A)". (3) On page 11, line 2, strike "(C)" and substitute "(B)". (4) On page 14, strike lines 9-11. (5) On page 14, line 12, strike "(B)" and substitute "(A)". (6) On page 14, line 15, strike "(C)" and substitute "(B)". (7) On page 16, line 14, strike "Sections 254.0312 and 254.0313" and substitute "Section 254.0312". (8) On page 16, strike lines 16-27, on page 17, strike lines 1-27, and on page 18, strike lines 1-13. (9) On page 18, line 14, strike "Sec. 254.0313" and substitute "Sec. 254.0312". Representative Gallego moved to table Amendment No. 14. The motion to table was lost. Amendment No. 14 was adopted without objection. Amendment No. 15 Representative Talton offered the following amendment to CSHB 2: Amend CSHB 2 as follows: On page 11, SECTION 11, between lines 4 and 5, insert the following: (D) if the person making the contribution is a general-purpose committee,

1156 77th LEGISLATURE REGULAR SESSION the information reported under section 254.151(9) on the general-purpose committee's most recently filed report. On page 26, in SECTION 21, line 26, insert the following new paragraph (9): (9) the principal occupation of the contributors who accounted for the largest proportion of the total dollars accepted during the reporting period, or a statement that no single occupation accounted for more than 25% of the total dollars accepted during the reporting period. Amendment No. 15 was adopted without objection. Amendment No. 16 Representative Madden offered the following amendment to CSHB 2: Amend CSHB 2 by striking the period at the end of the sentence on line 14 on page 12 and continuing as follows: ; and (8) the total amount of funds, including interest or other income, maintained in one or more accounts in which political contributions are deposited as of the last monthly bank statement. The date of the statement or statements also are to be indicated on the report.", and renumbering the subsequent lines, pages, etc., accordingly. Representative Gallego moved to table Amendment No. 16. The motion to table prevailed. Amendment No. 17 Representative Madden offered the following amendment to CSHB 2: Amend CSHB 2 on page 21 by deleting the phrase "street name" on line 27. (Speaker pro tempore in the chair) Representative Gallego moved to table Amendment No. 17. The motion to table prevailed. Amendment No. 18 Representative Danburg offered the following amendment to CSHB 2: Amend CSHB 2 as follows: (1) On page 24, between lines 13 and 14, insert the following new sections, appropriately numbered: SECTION. Section 254.064(a), Election Code, is amended to read as follows: (a) In addition to other required reports, for each election in which a person is a candidate and has an opponent whose name is to appear on the ballot, the person shall file two reports as provided by this section. This section does not apply to a candidate to whom Section 254.0641 applies. SECTION. Subchapter C, Chapter 254, Election Code, is amended by adding Section 254.0641 to read as follows: Sec. 254.0641. MONTHLY REPORTS OF OPPOSED CANDIDATE FILING WITH COMMISSION. (a) This section applies only to a candidate, other than a candidate described by Subsection (b), who is required to file reports under this chapter with the commission and who:

Tuesday, April 17, 2001 HOUSE JOURNAL 53rd Day 1157 (1) has an opponent in the general primary election; or (2) is a candidate in the general election for state and county officers who: (A) is the nominee of a political party required by law to hold a primary election and who has an opponent who is the nominee of a political party required by law to hold a primary election; or (B) has at least two opponents who are the nominees of political parties required by law to hold a primary election. (b) This section does not apply to: (1) a candidate in an election to fill a vacancy in the office of state senator or state representative; or (2) a candidate for an office described by Section 252.005(5). (c) In addition to other required reports, a person to whom this section applies shall file monthly reports as provided by this section. If a person has an opponent in the general primary election or is unopposed in the primary election but will have an opponent in the general election for state and county officers who is the nominee of a political party required by law to hold a primary election, the first monthly report shall be filed not later than February 15. The report covers the period beginning the day the person's campaign treasurer appointment is filed or the first day after the period covered by the last report required to be filed under this chapter, as applicable, and continuing through January 31. Subsequent reports shall be filed not later than the 15th day of each month, with each report covering the period beginning the day the person's campaign treasurer appointment is filed or the first day after the period covered by the last report required to be filed under this chapter, as applicable, and continuing through the last day of the preceding month: (1) from March to May, if the person has an opponent in the primary election but will not have an opponent in the general election who is the nominee of a political party required by law to hold a primary election; or (2) from March to October, if the person has an opponent in the general election who is the nominee of a political party required by law to hold a primary election. (d) In addition to the reports required by Subsection (c), a person who is a candidate in the general election for state and county officers who has an opponent who is the nominee of a political party required by law to hold a primary election shall file a report not later than the eighth day before general election day. The report covers the period beginning October 1 and continuing through the 10th day before general election day. (e) If a person becomes an opposed candidate after a reporting period prescribed by Subsection (c) or (d), the person shall file the person's first report not later than the regular deadline for the report covering the period during which the person becomes an opposed candidate. The period covered by the first report begins the day the candidate's campaign treasurer appointment is filed. (f) Each monthly report filed under this section must comply with Sections 254.031, 254.0312, and 254.061, except that the maximum amount of a political contribution, political expenditure, or loan that is not required to be individually reported is $30 in the aggregate.

1158 77th LEGISLATURE REGULAR SESSION SECTION. Section 254.124(a), Election Code, is amended to read as follows: (a) In addition to other required reports, for each election in which a specific-purpose committee supports or opposes a candidate or measure, the committee's campaign treasurer shall file two reports as provided by this section. This section does not apply to a specific-purpose committee to which Section 254.1241 applies. SECTION. Subchapter E, Chapter 254, Election Code, is amended by adding Section 254.1241 to read as follows: Sec. 254.1241. MONTHLY REPORTS OF COMMITTEE SUPPORTING OR OPPOSING CANDIDATE FILING WITH COMMISSION. (a) This section applies only to a specific-purpose committee, other than a committee described by Subsection (b), that supports or opposes a candidate who is required to file reports under this chapter with the commission and who: (1) has an opponent in the general primary election; or (2) is a candidate in the general election for state and county officers who: (A) is the nominee of a political party required by law to hold a primary election and who has an opponent who is the nominee of a political party required by law to hold a primary election; or (B) has at least two opponents who are the nominees of political parties required by law to hold a primary election. (b) This section does not apply to a specific-purpose committee supporting or opposing: (1) a candidate in an election to fill a vacancy in the office of state senator or state representative; or (2) a candidate for an office described by Section 252.005(5). (c) A specific-purpose committee to which this section applies shall file monthly reports in the manner prescribed by Section 254.0641 for a candidate to which that section applies. (2) Renumber subsequent sections appropriately. Amendment No. 18 failed of adoption. (Speaker in the chair) Amendment No. 19 Representative Danburg offered the following amendment to CSHB 2: Amend CSHB 2 as follows: (1) On page 2, strike lines 17-27, and on page 3, strike lines 1-15, and substitute the following: (22) "Express advocacy" means a communication, other than a communication appearing in a news story, commentary, or editorial distributed through the facilities of a broadcast station that is not owned or controlled by a political party, political committee, or candidate, that advocates the election or defeat of a candidate by containing the name of the candidate or a word or phrase such as "vote for," "reelect," "support," "cast your ballot for," "(name of candidate) for (name of office)," "(name of candidate) in 2002," "vote

Tuesday, April 17, 2001 HOUSE JOURNAL 53rd Day 1159 against," "defeat," or "reject" or a campaign slogan or words that in context can have no reasonable meaning other than to advocate the election or defeat of one or more clearly identified candidates. (2) On page 20, between lines 17 and 18, insert a new section, appropriately numbered, to read as follows: SECTION. Subchapter B, Chapter 254, Election Code, is amended by adding Section 254.0392 to read as follows: Sec. 254.0392. REPORTS CONCERNING CERTAIN CANDIDATE- SPECIFIC ADVERTISING. (a) Except as provided by Subsection (e) or (f), a person who makes an expenditure that exceeds $2,500 for targeted, candidatespecific advertising in a covered preelection period shall file a report of contributions and expenditures as provided by this section. (b) For purposes of this section: (1) "Advertising" means: (A) a paid advertisement or purchased program time broadcast or cablecast via radio or television; (B) a paid message from a telephone bank or delivered through direct mailing or electronic mail; or (C) a paid advertisement in a communications outlet other than one described by Paragraph (A) or (B) that costs more than $2,500. (2) "Candidate-specific" means a reference to a clearly identified candidate, by use of the candidate's name, likeness, or other clear means of identification. (3) "Covered preelection period," with respect to a person, means the period: (A) beginning on: (i) the 60th day before the date of an election in which the person is a candidate; or (ii) the day after a general primary election, if the person is a candidate in a runoff primary election; and (B) ending on election day. (4) Advertising is "targeted" in connection with an election if, with respect to an advertisement broadcast or cablecast via radio or television or published in a newspaper, magazine, or other written communication, the advertisement is distributed or published to reach an audience that includes a substantial portion of the electorate for the election. An advertisement delivered by telephone or direct mail is considered to be targeted if it is delivered to persons residing in the territory from which the candidate to whom the advertising refers is or seeks to be elected. (c) A person who makes an expenditure for which reporting is required under this section must file a report: (1) not later than the 30th day before the date of the election, if the person makes the expenditure after the 61st day before an election but before the 39th day before the election; (2) not later than the 8th day before the date of the election, if the person makes the expenditure after the 40th day before an election but before the 9th day before the election; or (3) not later than 24 hours after the expenditure is made, if the person makes the expenditure after the 10th day before the election.

1160 77th LEGISLATURE REGULAR SESSION (d) Each report under this section must include: (1) the amount of contributions from each person that in the aggregate exceed $200 and that are accepted during the reporting period by the person required to file a report under this section, the full name and address of the person making the contributions, and the dates of the contributions, and, if the person making the contribution is an individual, the individual's principal occupation or job title and the full name of the individual's employer, if any; (2) the amount of expenditures for targeted, candidate-specific advertising in a covered preelection period that in the aggregate exceed $200 and that are made during the reporting period, the full name and address of the persons to whom the expenditures are made, and the dates and purposes of the expenditures; (3) the total amount or a specific listing of the contributions of $200 or less accepted and the total amount or a specific listing of the expenditures for targeted, candidate-specific advertising in a covered preelection period of $200 or less made during the reporting period; and (4) the total amount of all contributions accepted and the total amount of all expenditures for targeted, candidate-specific advertising in a covered preelection period made during the reporting period. (e) This section does not apply to: (1) an expenditure for advertising made by a candidate or political party; (2) a reference to a clearly identified candidate in a news story, commentary, editorial, or work intended for entertainment distributed through the facilities of a broadcasting station, newspaper, magazine, or other publication, unless the facilities are owned or controlled by a political party, political committee, or candidate; (3) nonpartisan activity designed to encourage persons to vote or to register to vote; (4) a communication by any membership organization or corporation to its members, donors, stockholders, or executive or administrative personnel, if the membership organization or corporation is not organized primarily for the purpose of influencing the election of a person to public office; or (5) a voter's guide that: (A) is published or distributed by an organization that is exempt from income taxation under Section 501(a), Internal Revenue Code, by being listed under Section 501(c)(3) or (c)(4), Internal Revenue Code; and (B) does not contain express advocacy. (f) A person who files reports with the Federal Election Commission is not required to file reports under this section. Not later than the last day prescribed by this section for filing a report that a person covered by this section is required to file, the person shall provide to the Texas Ethics Commission information necessary to locate the person's report covering that reporting period on the Federal Election Commission's Internet website. The Texas Ethics Commission shall promptly place on the commission's Internet website a link to that report. (g) A person who, during a covered period, makes an expenditure for advertising that contains a reference to a clearly identified candidate is presumed

Tuesday, April 17, 2001 HOUSE JOURNAL 53rd Day 1161 to have made an expenditure for which reporting is required under this section. A person who makes such an expenditure may file with the commission an affidavit stating that the expenditure was not made with the intent to influence the election of a candidate. The commission shall: (1) determine by a preponderance of the evidence whether an expenditure was made with the intent to influence the election of a candidate; and (2) notify the person filing the affidavit of the commission's determination. (3) On page 29, strike lines 19-27, and on page 30, strike lines 1-9. (4) On page 31, between lines 11 and 12, insert the following new subsection, appropriately lettered, and reletter the subsequent subsections accordingly: ( ) Section 254.0392, Election Code, as added by this Act, applies only to the reporting of an expenditure for targeted, candidate-specific advertising in a covered preelection period that is made on or after September 1, 2001. An expenditure for targeted, candidate-specific advertising in a covered preelection period that is made before September 1, 2001, is governed by the law in effect at the time the expenditure was made and is not aggregated with expenditures made on or after September 1, 2001. (5) Renumber the sections of the bill accordingly. Amendment No. 20 On behalf of Representative Gallego, Representative Danburg offered the following amendment to Amendment No. 19: Amend the Danburg amendment to CSHB 2 on page 1, line 12, by striking "2002" and substituting "(year)". Amendment No. 20 was adopted without objection. Amendment No. 21 Representative P. King offered the following amendment to Amendment No. 19: Amend the Danburg amendment to CSHB 2 by striking page 1, line 16, through page 5, line 26. Representative Danburg moved to table Amendment No. 21. A record vote was requested. The motion to table prevailed by (Record 137): 76 Yeas, 66 Nays, 1 Present, not voting. Yeas Alexander; Averitt; Bailey; Bosse; Burnam; Capelo; Carter; Chavez; Coleman; Cook; Counts; Danburg; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; Ehrhardt; Eiland; Ellis; Farabee; Farrar; Flores; Gallego; Garcia; Glaze; Gray; Gutierrez; Hinojosa; Hochberg; Hodge; Homer; Hopson; Jones, D.; Jones, J.; Junell; King, T.; Kitchen; Lewis, G.; Longoria; Luna; Martinez Fischer; Maxey; McClendon; McReynolds; Menendez; Merritt; Moreno, J.; Moreno, P.; Naishtat; Najera; Noriega; Oliveira; Olivo; Pickett;

1162 77th LEGISLATURE REGULAR SESSION Puente; Ramsay; Rangel; Raymond; Reyna, A.; Ritter; Sadler; Salinas; Solis; Telford; Thompson; Tillery; Turner, B.; Turner, S.; Uher; Uresti; Villarreal; Wise; Wolens; Yarbrough; Zbranek. Nays Allen; Berman; Bonnen; Brimer; Brown, B.; Brown, F.; Chisum; Christian; Clark; Corte; Crabb; Craddick; Crownover; Davis, J.; Delisi; Denny; Driver; Edwards; Elkins; George; Geren; Giddings; Goodman; Goolsby; Green; Grusendorf; Hamric; Hardcastle; Hartnett; Heflin; Hill; Hope; Howard; Hunter; Hupp; Isett; Janek; Jones, E.; Keel; Keffer; King, P.; Kolkhorst; Krusee; Kuempel; Lewis, R.; Madden; Marchant; McCall; Morrison; Mowery; Nixon; Pitts; Reyna, E.; Seaman; Shields; Smith; Smithee; Solomons; Swinford; Talton; Walker; West; Williams; Wilson; Wohlgemuth; Woolley. Present, not voting Mr. Speaker(C). Absent, Excused Hilbert; Hilderbran; Miller; Truitt. Absent Callegari; Haggerty; Hawley. STATEMENTS OF VOTE When Record No. 137 was taken, my vote failed to register. I would have voted no. Callegari I was shown voting no on Record No. 137. I intended to vote yes. Edwards I was shown voting no on Record No. 137. I intended to vote yes. Giddings Amendment No. 19, as amended, was adopted. Amendment No. 22 Representative Madden offered the following amendment to CSHB 2: Amend CSHB 2 as follows: (1) On page 8, line 17, between "stockholders" and "or", insert ", employees,". (2) On page 8, line 18, between "stockholders" and "or", insert ", employees,". Amendment No. 22 was adopted without objection. Amendment No. 23 Representative Janek offered the following amendment to CSHB 2: Amend CSHB 2 as follows: (1) On page 6, between lines 7 and 8, add the following new sections to the bill and renumber the subsequent sections accordingly: SECTION 6. Section 254.034(a), Election Code, is amended to read as follows: (a) During the period beginning at 7 p.m. on general election day [on the 30th day before the date a regular legislative session convenes] and continuing through the day of final adjournment of the next regular

Tuesday, April 17, 2001 HOUSE JOURNAL 53rd Day 1163 legislative session, a person may not knowingly make a political contribution to: (1) a statewide officeholder; (2) a member of the legislature; or (3) a specific-purpose committee for supporting, opposing, or assisting a statewide officeholder or member of the legislature. SECTION 7. Section 253.0341(a), Election Code, is amended to read as follows: (a) During the period beginning at 7 p.m. on general election day [on the 30th day before the date a regular legislative session convenes] and continuing through the day of final adjournment of the next regular legislative session, a person not a member of the caucus may not knowingly make a contribution to a legislative caucus. (2) On page 30, between lines 20 and 21, insert the following new subsections to Section 29 of the bill and reletter the subsequent subsections accordingly: (b) Section 253.034, Election Code, as amended by this Act, applies only to a political contribution accepted on or after September 1, 2001. A political contribution accepted before September 1, 2001, is governed by the law in effect at the time the contribution was accepted, and the former law is continued in effect for that purpose. (c) Section 253.0341, Election Code, as amended by this Act, applies only to a contribution to a legislative caucus accepted on or after September 1, 2001. A contribution to a legislative caucus accepted before September 1, 2001, is governed by the law in effect at the time the contribution was accepted, and the former law is continued in effect for that purpose. Representative Gallego moved to table Amendment No. 23. The motion to table prevailed. Amendment No. 24 Representative Janek offered the following amendment to CSHB 2: Amend CSHB 2 on page 2, line 8, by striking "electronic mail or". Amendment No. 24 was withdrawn. Amendment No. 25 Representative Garcia offered the following amendment to CSHB 2: Amend CSHB 2 as follows: (1) On page 29, line 20, strike "Section 255.009" and substitute "Sections 255.009 and 255.010". (2) On page 30, between lines 9 and 10, insert: Sec. 255.010. FALSE INFORMATION IN POLITICAL MATERIAL. (a) In this section: (1) "Published material" means statements or graphic representations made through any public medium, including: (A) electronic media, including a live or prerecorded radio

1164 77th LEGISLATURE REGULAR SESSION or television broadcast, a broadcast or transmission through other publicly available electronic communications, and a video or audio tape recording that is publicly distributed; (B) print media, such as a newspaper, pamphlet, folder, display card, sign, poster, or billboard advertisement; and (C) any other method or medium designed for publicly advertising or publishing information. (2) "Sponsor" means a person who pays for or approves published material, including a candidate or political committee that knows and approves of a direct campaign expenditure made by another person. (b) A person may not be a sponsor of any published material on behalf of or in opposition to any candidate or measure that contains any assertion, representation, or statement of fact, including information concerning a candidate's prior public record, that the sponsor knows to be untrue, deceptive, or misleading. (c) A person who violates this section is liable for a civil penalty not to exceed $500 for each violation. Representative Gallego moved to table Amendment No. 25. The motion to table prevailed. Amendment No. 26 Representative Garcia offered the following amendment to CSHB 2: Amend CSHB 2 as follows: (1) On page 29, line 20, strike "Section 255.009" and substitute "Sections 255.009 and 255.010". (2) On page 30, between lines 9 and 10, insert the following: Sec. 255.010. DISCLOSURE FOR CERTAIN TELEPHONE COMMUNICATIONS. (a) A candidate or an authorized representative of a candidate or a specific-purpose committee affiliated with a candidate who engages in a telephone communication for the purpose of soliciting political contributions or that has the effect of supporting or opposing the nomination or election of a candidate or the passage or defeat of a measure shall disclose the following at the end of the communication: (1) the identity of the individual who is calling and the person with whom the individual is affiliated, if any; (2) the identity of the person who paid for the telephone communication, including as appropriate: (A) the name of the political committee, if any; and (B) if the person paying for the telephone communication is not a candidate or a political committee affiliated with a candidate, a statement as to whether the candidate authorized the communication; (3) the name, telephone number, and address of an individual whom the recipient of the telephone communication may contact for additional information about the communication. (b) A person who, on behalf of, at the direction of, or in cooperation with a political committee engages in a telephone communication for the purpose

Tuesday, April 17, 2001 HOUSE JOURNAL 53rd Day 1165 of soliciting political contributions or that has the effect of supporting or opposing the nomination or election of a candidate or the passage or defeat of a measure shall disclose the following at the end of the communication: (1) the identity of the individual who is calling and the person with whom the individual is affiliated, if any; (2) the identity of the person who paid for the telephone communication, including as appropriate: (A) the name of the political committee, if any; and (B) if the person paying for the telephone communication is not a candidate or a political committee affiliated with a candidate, a statement as to whether the candidate who benefits from the communication authorized the communication; (3) the name, telephone number, and address of an individual whom the recipient of the telephone communication may contact for additional information about the communication. (c) The commission shall adopt rules to enforce this section. (d) A person who violates this section is liable for a civil penalty not to exceed $500 for each violation. Amendment No. 26 was withdrawn. Amendment No. 27 Representative Junell offered the following amendment to CSHB 2: Amend CSHB 2 as follows: (1) On page 30, between lines 9 and 10, by adding the following new section to the bill and renumbering the subsequent sections accordingly: SECTION 28. Section 7.108, Education Code, is amended to read as follows: Sec. 7.108. PROHIBITION ON POLITICAL CONTRIBUTION OR ACTIVITY. (a) A person [interested in selling bonds of any type or a person engaged in manufacturing, shipping, selling, or advertising textbooks or otherwise connected with the textbook business] commits an offense if: (1) the person knowingly makes or authorizes a political contribution to or knowingly takes part in, directly or indirectly, the campaign of any person seeking election to or serving on the board; and (2) the person: (A) has entered into a contract with the board that is in effect at the time the conduct under Subdivision (1) occurs, or proposes to enter into a contract with the board; (B) is an officer or employee of a person who has entered into or proposes to enter into a contract described by Paragraph (A); or (C) is a subcontractor of a person who has entered into or proposes to enter into a contract described by Paragraph (A) in relation to that contract or proposed contract. (b) A person seeking election to or serving on the board commits an offense if the person knowingly accepts a political contribution from a person described by Subsection (a)(2). (c) An offense under this section [Subsection (a)] is a Class B misdemeanor. (d) [(c)] In this section, "political [:

1166 77th LEGISLATURE REGULAR SESSION [(1) "Political] contribution" has the meaning assigned by Section 251.001, Election Code. [(2) "Textbook" has the meaning assigned by Section 31.002.] (2) On page 32, between lines 22 and 23, insert the following: (i) The change in law made to Section 7.108, Education Code, by this Act applies only to an offense committed on or after September 1, 2001. For the purposes of this section, an offense is committed before September 1, 2001, if any element of the offense occurs before that date. (j) An offense under Section 7.108, Education Code, committed before September 1, 2001, is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. Amendment No. 27 was adopted without objection. MESSAGE FROM THE SENATE A message from the senate was received at this time (see the addendum to the daily journal, Messages from the Senate, Message No. 3). CSHB 2 - (consideration continued) Amendment No. 28 Representative Y. Davis offered the following amendment to CSHB 2: Amend CSHB 2 by striking Section 18 of the bill (page 22, line 25, through page 23, line 17) and renumbering the subsequent sections accordingly. Amendment No. 28 was adopted without objection. A record vote was requested. CSHB 2, as amended, was passed to engrossment by (Record 138): 82 Yeas, 61 Nays, 3 Present, not voting. Yeas Alexander; Averitt; Bailey; Bosse; Burnam; Capelo; Carter; Chavez; Chisum; Coleman; Cook; Counts; Danburg; Davis, Y.; Deshotel; Dukes; Dunnam; Ehrhardt; Eiland; Ellis; Farabee; Farrar; Flores; Gallego; Giddings; Glaze; Gray; Gutierrez; Haggerty; Hawley; Hinojosa; Hochberg; Hodge; Homer; Hopson; Jones, D.; Jones, E.; Jones, J.; Junell; King, T.; Kitchen; Longoria; Luna; Madden; Martinez Fischer; Maxey; McClendon; McReynolds; Menendez; Moreno, J.; Moreno, P.; Naishtat; Najera; Noriega; Oliveira; Olivo; Pickett; Pitts; Puente; Ramsay; Rangel; Raymond; Reyna, A.; Ritter; Sadler; Salinas; Smith; Solis; Telford; Thompson; Tillery; Turner, B.; Turner, S.; Uher; Uresti; Villarreal; Walker; West; Wise; Wolens; Yarbrough; Zbranek. Nays Allen; Berman; Bonnen; Brimer; Brown, B.; Brown, F.; Callegari; Christian; Clark; Corte; Crabb; Craddick; Crownover; Davis, J.; Delisi; Denny; Driver; Dutton; Elkins; George; Geren; Goodman; Goolsby; Green; Grusendorf; Hamric; Hardcastle; Hartnett; Heflin; Hill; Hope; Howard; Hunter; Hupp; Isett; Janek; Keel; Keffer; King, P.; Kolkhorst; Krusee; Kuempel; Lewis, G.; Lewis, R.; Marchant; McCall; Merritt; Morrison; Mowery; Nixon; Reyna, E.; Seaman; Shields; Smithee; Solomons; Swinford; Talton; Williams; Wilson; Wohlgemuth; Woolley. Present, not voting Mr. Speaker(C); Edwards; Garcia. Absent, Excused Hilbert; Hilderbran; Miller; Truitt.

Tuesday, April 17, 2001 HOUSE JOURNAL 53rd Day 1167 CSHB 1636 ON SECOND READING (by McCall, Averitt, Bosse, Chisum, and Gallego) CSHB 1636, A bill to be entitled An Act relating to continuation and functions of the Savings and Loan Department and the regulation of certain financial institutions and businesses. CSHB 1636 was passed to engrossment. CSHB 2310 ON SECOND READING (by Chisum, Swinford, Walker, Bosse, and Cook) CSHB 2310, A bill to be entitled An Act relating to the continuation and functions of the State Soil and Water Conservation Board and to the election of directors of local soil and water conservation districts. CSHB 2310 was passed to engrossment. CSHB 1168 ON SECOND READING (by Wilson) CSHB 1168, A bill to be entitled An Act relating to conflicts of interest of a lobbyist; providing a penalty. CSHB 1168 was passed to engrossment. (Bosse in the chair) CSHB 1514 ON SECOND READING (by Junell, et al.) CSHB 1514, A bill to be entitled An Act relating to the operation of certain commercial enterprises. Amendment No. 1 Representative West offered the following amendment to CSHB 1514: Amend CSHB 1514 as follows: On page 1, line 24, insert "city, county," between "applicable" and "state". Amendment No. 1 was adopted without objection. CSHB 1514, as amended, was passed to engrossment. HB 10 ON SECOND READING (by Telford, et al.) HB 10, A bill to be entitled An Act relating to the preservation of state and local historic property. Amendment No. 1 (Committee Amendment No. 1) Representative Farabee offered the following committee amendment to HB 10: Amend HB 10, on page 4, line 21, between "commission" and "to", by inserting ", subject to the budgetary authority and approval of the commissioners court," Amendment No. 1 was adopted without objection.

1168 77th LEGISLATURE REGULAR SESSION Amendment No. 2 Representative Thompson offered the following amendment to HB 10: Amend HB 10 on page 9, between lines 5 and 6 by adding a new Section 6 to read as follows and renumbering the subsequent sections appropriately: SECTION 6. Chapter 442, Government Code, is amended by adding Section 442.018 to read as follows: Sec. 442.017. IDENTIFICATION AND PRESERVATION OF TEXAS UNDERGROUND RAILROAD HISTORICAL SITES. (a) The commission should establish a program to identify and preserve Texas Underground Railroad Historical Sites. (b) The commission is encouraged to use volunteers to the maximum extent possible to implement the program and to model the program to the extent appropriate on the "Adopt-A-Beach" program conducted by the General Land Office. (c) The commission may accept gifts, grants, and in-kind donations from public and private entities for the implementation of the program. The legislature may appropriate money to the commission to implement the program. (d) The commission may adopt rules reasonably necessary to implement the program. Amendment No. 2 was adopted without objection. HB 10, as amended, was passed to engrossment. CSHB 2840 ON SECOND READING (by Telford) CSHB 2840, A bill to be entitled An Act relating to a partnership between Texas A&M University Texarkana and Texarkana College District. CSHB 2840 was passed to engrossment. CSHB 1193 ON SECOND READING (by Brimer) CSHB 1193, A bill to be entitled An Act relating to possession and consumption of an alcoholic beverage on premises that are licensed or permitted under the Alcoholic Beverage Code and located in certain public facilities. CSHB 1193 was passed to engrossment. (Delisi recorded voting no) CSHB 482 ON SECOND READING (by Naishtat) CSHB 482, A bill to be entitled An Act relating to protecting certain persons from retaliation by nursing homes or intermediate care facilities. CSHB 482 was passed to engrossment. (Howard recorded voting no) CSHB 1938 ON SECOND READING (by Solis, Gutierrez, Raymond, and J. Moreno) CSHB 1938, A bill to be entitled An Act relating to education loans made or financed by a higher education authority or nonprofit corporation.

Tuesday, April 17, 2001 HOUSE JOURNAL 53rd Day 1169 Amendment No. 1 Representatives Dunnam and Averitt offered the following amendment to CSHB 1938: Amend CSHB 1938 on page 8, between lines 14 and 15, by inserting the following: (k) Subsection (a)(5) expires September 1, 2003. On or after September 1, 2003, in this section, the term "qualified nonprofit corporation" means any nonprofit corporation authorized by a city to exercise the powers of an authority under this section. Amendment No. 1 was adopted without objection. CSHB 1938, as amended, was passed to engrossment. CSHB 2249 ON SECOND READING (by Goodman) CSHB 2249, A bill to be entitled An Act relating to certain suits affecting the parent-child relationship. CSHB 2249 was passed to engrossment. HB 2575 ON SECOND READING (by Goolsby) HB 2575, A bill to be entitled An Act relating to the total amount of student services fees that may be charged at certain institutions of higher education. HB 2575 was passed to engrossment. (Delisi, Howard, and Talton recorded voting no) CSHB 2495 ON SECOND READING (by Haggerty) CSHB 2495, A bill to be entitled An Act relating to requiring a valet parking service to maintain financial responsibility; creating an offense. Amendment No. 1 Representative Haggerty offered the following amendment to CSHB 2495: 1) Amend HB 2495 on page 2, line 11 by adding the words "or comprehensive general liability and garage" after the word "liability" and before the word "insurance". 2) Amend HB 2495 by inserting "(a)" on page 2, line 25 after the word "AMOUNTS" and before the word "The". 3) Amend HB 2495 on page 3 line 9 by adding new subdivisions (b) and (c) to read as follows: (b) The comprehensive general liability insurance must be on a broad form and provide limits of liability for bodily injury and property damage of not less than $300,000 combined single limit, or the equivalent. (c) The garage insurance must provide limits of liability for bodily injury and property damage of not less than $300,000 combined single limit, or the equivalent, and must provide the following coverages:

1170 77th LEGISLATURE REGULAR SESSION (1) Comprehensive and collision coverage for physical damage. (2) Coverage for vehicle storage. (3) Coverage for a vehicle driven by or at the direction of the valet parking service. Amendment No. 1 was adopted without objection. CSHB 2495, as amended, was passed to engrossment. HB 2494 ON SECOND READING (by Haggerty) HB 2494, A bill to be entitled An Act relating to the ratification of the Interstate Compact for Adult Offender Supervision. HB 2494 was passed to engrossment. (Corte recorded voting no) CSHB 2700 ON SECOND READING (by Chavez, Puente, Wohlgemuth, Solis, and Chisum) CSHB 2700, A bill to be entitled An Act relating to certain services provided through telemedicine. Amendment No. 1 Representative Chavez offered the following amendment to CSHB 2700: Amend CSHB 2700 as follows: (1) On page 1, line 19, strike "be operated" and substitute "provide services". (2) On page 4, strike line 15 and substitute: 57.047, but is not entitled to the discounts specified in Subchapter G, Chapter 58, unless otherwise eligible to receive those discounts as provided by that subchapter. Amendment No. 1 was adopted without objection. CSHB 2700, as amended, was passed to engrossment. CSHB 947 ON SECOND READING (by S. Turner) CSHB 947, A bill to be entitled An Act relating to the survival of a wrongful death suit on the death of the plaintiff. CSHB 947 was passed to engrossment. CSHB 1768 ON SECOND READING (by Grusendorf) CSHB 1768, A bill to be entitled An Act relating to clarifications in finance law and regulatory authority and efficient administration by the Finance Commission of Texas and the Texas Department of Banking. CSHB 1768 was passed to engrossment. CSHB 678 ON SECOND READING (by McCall) CSHB 678, A bill to be entitled An Act relating to collection and use of biometric identifiers; providing a civil penalty.

Tuesday, April 17, 2001 HOUSE JOURNAL 53rd Day 1171 Amendment No. 1 Representative Hupp offered the following amendment to CSHB 678: Amend CSHB 678 at the end of SECTION 2 of the bill (Committee printing, page 3, between lines 11 and 12) by inserting the following: Sec. 559.004. Notwithstanding Sections 521.142 and 521.1425, Transportation Code, or any other law, the Department of Public Safety may not: (1) take a thumbprint or fingerprint of an applicant for an original or renewal driver's license unless the applicant consents to the taking of the thumbprint or fingerprint; or (2) refuse to issue or renew the driver's license because the applicant does not consent to the taking of the thumbprint of fingerprint. A record vote was requested. Amendment No. 1 failed of adoption by (Record 139): 40 Yeas, 98 Nays, 2 Present, not voting. Yeas Berman; Bonnen; Brimer; Brown, B.; Brown, F.; Callegari; Christian; Clark; Corte; Crabb; Craddick; Davis, J.; Delisi; Denny; Driver; George; Goolsby; Green; Hamric; Hardcastle; Hartnett; Heflin; Hill; Hope; Howard; Hunter; Hupp; Isett; Keffer; Najera; Reyna, E.; Seaman; Shields; Smith; Solomons; Talton; Telford; Williams; Wohlgemuth; Woolley. Nays Alexander; Allen; Averitt; Bailey; Burnam; Capelo; Carter; Chavez; Chisum; Coleman; Cook; Counts; Crownover; Danburg; Davis, Y.; Dukes; Dunnam; Dutton; Edwards; Ehrhardt; Elkins; Ellis; Farabee; Farrar; Flores; Gallego; Garcia; Geren; Giddings; Glaze; Gray; Grusendorf; Gutierrez; Haggerty; Hawley; Hinojosa; Hochberg; Hodge; Homer; Hopson; Janek; Jones, D.; Jones, E.; Jones, J.; Junell; Keel; King, P.; Kitchen; Kolkhorst; Kuempel; Lewis, G.; Lewis, R.; Longoria; Luna; Madden; Marchant; Martinez Fischer; Maxey; McCall; McClendon; McReynolds; Menendez; Merritt; Moreno, J.; Moreno, P.; Morrison; Mowery; Naishtat; Nixon; Noriega; Oliveira; Olivo; Pickett; Pitts; Puente; Rangel; Raymond; Reyna, A.; Ritter; Sadler; Salinas; Smithee; Solis; Swinford; Thompson; Tillery; Turner, B.; Turner, S.; Uher; Uresti; Villarreal; Walker; West; Wilson; Wise; Wolens; Yarbrough; Zbranek. Present, not voting Mr. Speaker; Bosse(C). Absent, Excused Hilbert; Hilderbran; Miller; Truitt. Absent Deshotel; Eiland; Goodman; King, T.; Krusee; Ramsay. STATEMENT OF VOTE When Record No. 139 was taken, I was in the house but away from my desk. I would have voted yes. Ramsay CSHB 678 was passed to engrossment. (Hilderbran now present) CSHB 223 ON SECOND READING (by Wise) CSHB 223, A bill to be entitled An Act relating to procedural requirements applicable to the release on parole of certain sex offenders.

1172 77th LEGISLATURE REGULAR SESSION Amendment No. 1 Representative Clark offered the following amendment to CSHB 223: Amend CSHB 223 by adding the following: (1) On page 2, line 1-2, strike "go in, on, or within a distance specified by the panel of" and substitute "with respect to". (2) On page 2, line 4, strike "; and" and substitute ": (i) go in or on the premises or within a distance of the premises specified by the panel; or (ii) reside in a residence located within 500 feet of the premises;" and (3) On page 2, line 10, insert the following: "(g) For purposes of Subsection (b)(1)(b)(ii), the measurement of the distance between a residence and a premises described by Subsection (b)(1)(b) is a direct line from the property line of the residence to the property line of the premises, and in a direct line across intersections. (h) Notwithstanding Subsection (b)(1)(b)(ii), a parole panel requirement that a releasee not reside in a residence located within 500 feet of premises where children commonly gather does not apply to a releasee if: (1) the premises became a premises where children commonly gather only after the releasee began residing in the residence; or (2) the residence is owned by the releasee and was owned by the releasee at the time of committing the offense giving rise to supervision under this chapter." Amendment No. 1 was adopted without objection. CSHB 223, as amended, was passed to engrossment. (Speaker in the chair) CSHB 1314 ON SECOND READING (by Hopson) CSHB 1314, A bill to be entitled An Act relating to requiring certain inmates of the Texas Department of Criminal Justice to participate in treatment programs. CSHB 1314 was passed to engrossment. CSHB 1920 ON SECOND READING (by Counts) CSHB 1920, A bill to be entitled An Act relating to the transfer, sale, or assignment of structured settlements. Representative Counts moved to postpone consideration of CSHB 1920 until 10 a.m. Monday, April 23. The motion prevailed without objection. HB 234 ON SECOND READING (by Hawley, Delisi, Hunter, and Noriega) HB 234, A bill to be entitled An Act relating to exempting members of the armed forces from the Texas Academic Skills Program. HB 234 was passed to engrossment.

Tuesday, April 17, 2001 HOUSE JOURNAL 53rd Day 1173 CSHB 409 ON SECOND READING (by Shields, et al.) CSHB 409, A bill to be entitled An Act relating to the requirement that the name, address, and phone number of a bondsman appear on the face of performance and payment bonds. CSHB 409 was passed to engrossment. CSHB 785 ON SECOND READING (by Isett) CSHB 785, A bill to be entitled An Act relating to the liability for performing certain services for another governmental unit. CSHB 785 was passed to engrossment. CSHB 651 ON SECOND READING (by P. King) CSHB 651, A bill to be entitled An Act relating to the operation of certain all-terrain vehicles on public streets, roads, and highways. CSHB 651 was passed to engrossment. CSHB 845 ON SECOND READING (by Nixon, Noriega, Naishtat, and Hochberg) CSHB 845, A bill to be entitled An Act relating to suspension of certain limitations periods applicable to insurance policies issued to or covering Holocaust victims; providing an administrative penalty. HB 845 STATEMENT OF LEGISLATIVE INTENT REPRESENTATIVE THOMPSON: Representative Nixon, I m going to ask you something for legislative intent, if I may? REPRESENTATIVE NIXON: Yes, ma am. THOMPSON: Is it not your intent with this bill to create a cause of action against insurance companies or to reinsure these rights? NIXON: No ma am. This does not create any new causes of actions or claims. And it does not provide for any new punitive damages or attorneys fees. It simply provides a process by which claimants can collect on the policies that were issued at that time period. THOMPSON: So all we re really doing here is reviving the statute of limitations that might have expired on claims that already existed and not creating any new claims. NIXON: That s correct. THOMPSON: Thank you very much. REMARKS ORDERED PRINTED Representative Thompson moved to print remarks by Representative Thompson and Representative Nixon. The motion prevailed without objection.

1174 77th LEGISLATURE REGULAR SESSION Amendment No. 1 Representative Naishtat offered the following amendment to CSHB 845: Amend CSHB 845 as follows: (1) On page 2, between lines 22 and 23, insert a new Subsection (b) to read as follows: (b) If the commissioner considers it to be necessary, the commissioner may initiate an examination under Article 1.15 of this code. (2) Strike page 2, line 23 through page 3, line 9, and substitute the following: (c) If the commissioner believes that a violation of the article by an insurer has occurred or is occurring, the commissioner may: (1) impose sanctions under Chapter 82 of this code; (2) issue a cease and desist order under Chapter 83 of this code; (3) assess an administrative penalty under Chapter 84 of this code; or (4) refer the matter to the attorney general for appropriate enforcement. Amendment No. 1 was adopted without objection. Amendment No. 2 Representative Naishtat offered the following amendment to CSHB 845: Amend CSHB 845 on page 3 by striking line 10. Amendment No. 2 was adopted without objection. CSHB 845, as amended, was passed to engrossment. RESOLUTIONS CALENDAR The chair laid before the house the following resolution on committee report: HCR 109 (by Gutierrez, Maxey, Gallego, and Dunnam), Supporting the establishment of a 2-1-1 information and referral telephone network for Texas. HCR 109 was adopted without objection. MESSAGE FROM THE SENATE A message from the senate was received at this time (see the addendum to the daily journal, Messages from the Senate, Message No. 4). RULES SUSPENDED Representative Hochberg moved to suspend the 5-day posting rule to allow the Committee on Public Education, Subcommittee on School Finance, to consider pending bills at 2 p.m. or upon adjournment of the house, tomorrow in E2.036. The motion prevailed without objection. Representative Alexander moved to suspend the 5-day posting rule to allow the Committee on Transportation to consider HB 3433. The motion prevailed without objection.

Tuesday, April 17, 2001 HOUSE JOURNAL 53rd Day 1175 Representative Hinojosa moved to suspend the 5-day posting rule to allow the Committee on Criminal Jurisprudence to consider HB 225, HB 800 and HB 1555. The motion prevailed without objection. COMMITTEE MEETING ANNOUNCEMENTS The following committee meetings were announced: Ways and Means, upon adjournment today, E2.016, for a formal meeting, to consider pending business before the committee. Judicial Affairs, upon adjournment today, Desk 67, for a formal meeting, to consider SB 1223. Juvenile Justice and Family Issues, upon adjournment today, Desk 45, for a formal meeting, to consider HB 1453, HB 3677, SB 1000, and pending business. Higher Education, upon adjournment today, Desk 118, for a formal meeting, to consider pending bills. Land and Resource Management, upon adjournment today, Desk 107, for a formal meeting, to consider pending business. Transportation, upon adjournment today, E2.026, for a public hearing. House Administration, upon adjournment today, Desk 93, for a formal meeting, to consider HB 2061. BILLS AND JOINT RESOLUTIONS ON FIRST READING AND REFERRAL TO COMMITTEES RESOLUTIONS REFERRED TO COMMITTEES Bills and joint resolutions were at this time laid before the house, read first time, and referred to committees. Resolutions were at this time laid before the house and referred to committees. (See the addendum to the daily journal, Referred to Committees, List No. 1.) ADJOURNMENT Representative Geren moved that the house adjourn until 10 a.m. tomorrow. The motion prevailed without objection. The house accordingly, at 5:42 p.m., adjourned until 10 a.m. tomorrow. ADDENDUM REFERRED TO COMMITTEES The following bills and joint resolutions were today laid before the house, read first time, and referred to committees, and the following resolutions were today laid before the house and referred to committees. If indicated, the chair today corrected the referral of the following measures:

1176 77th LEGISLATURE REGULAR SESSION List No. 1 HR 744 (By Brimer), Honoring Dr. Sidney Poynter for his 39 years as superintendent of Crowley ISD. To Rules & Resolutions. HR 745 (By Brimer), Honoring the Mansfield High School girls basketball team for winning the 2001 UIL Class 5A state title. To Rules & Resolutions. HR 746 (By Brimer), In memory of Gerald A. Hubener of Duncanville. To Rules & Resolutions. HR 748 (By Noriega), Recognizing the contributions of the Sims Bayou Urban Nature Center in Houston. To Rules & Resolutions. HR 749 (By Noriega), In memory of Engilberto Javier Ramos of Houston. To Rules & Resolutions. HR 750 (By Noriega), Honoring the 49th Armored Division of the Texas National Guard for its impressive peacekeeping efforts in Bosnia. To Rules & Resolutions. HR 752 (By West), In memory of Alton Lewis Richardson of Odessa. To Rules & Resolutions. HR 754 (By Telford), Honoring the memory of Dr. Walter Carlyle Barnes, Jr., of Texarkana. To Rules & Resolutions. HR 755 (By J. Jones), Honoring the career achievements of Henry L. "Hank" Aaron. To Rules & Resolutions. SB 7 to Criminal Jurisprudence. SB 19 to Public Education. SB 177 to Human Services. SB 317 to Financial Institutions. SB 361 to Human Services. SB 386 to Higher Education. SB 514 to Public Health. SB 556 to Public Health. SB 654 to Public Safety. SB 660 to Public Health. SB 817 to Licensing & Administrative Procedures. SB 833 to Human Services. SB 890 to Public Safety. SB 917 to Criminal Jurisprudence.

Tuesday, April 17, 2001 HOUSE JOURNAL 53rd Day 1177 SB 976 to Appropriations. SB 1006 to Public Health. SB 1023 to Elections. SB 1024 to Public Health. SB 1051 to Public Health. SB 1057 to Higher Education. SB 1060 to Appropriations. SB 1090 to Appropriations. SB 1091 to Appropriations. SB 1123 to Ways & Means. SB 1147 to Land & Resource Management. SB 1174 to Criminal Jurisprudence. SB 1195 to Criminal Jurisprudence. SB 1210 to Judicial Affairs. SB 1242 to Human Services. SB 1262 to Criminal Jurisprudence. SB 1300 to Public Health. SB 1327 to Public Education. SB 1353 to Transportation. SB 1371 to Public Safety. SB 1419 to Civil Practices. SB 1424 to Elections. SB 1433 to Judicial Affairs. SB 1454 to Agriculture & Livestock. SB 1464 to Elections. SB 1475 to Human Services. SB 1498 to Higher Education. SB 1583 to Public Safety. SB 1589 to Juvenile Justice & Family Issues. SB 1611 to Financial Institutions. SB 1629 to Natural Resources. SB 1637 to Business & Industry. SB 1648 to Public Safety. SB 1659 to State Affairs. SB 1680 to Transportation.

1178 77th LEGISLATURE REGULAR SESSION SB 1681 to Criminal Jurisprudence. SB 1722 to Higher Education. SB 1747 to Criminal Jurisprudence. SB 1767 to Public Health. SCR 34 to Energy Resources. SCR 35 to Environmental Regulation. MESSAGES FROM THE SENATE The following messages from the senate were today received by the house: Message No. 1 MESSAGE FROM THE SENATE SENATE CHAMBER Austin, Texas Tuesday, April 17, 2001 The Honorable Speaker of the House House Chamber Austin, Texas Mr. Speaker: I am directed by the Senate to inform the House that the Senate has taken the following action: THE SENATE HAS PASSED THE FOLLOWING MEASURES: HB 831 Madden SPONSOR: Shapiro Relating to the cancellation of an election to fill a vacancy in the legislature when a candidate is running unopposed. HCR 3 Gallego SPONSOR: Madla In memory of Dr. Arvel R. Ponton, Jr. HCR 4 Gallego SPONSOR: Madla Honoring John R. Foster on the occasion of his retirement. HCR 35 Gallego SPONSOR: Madla In memory of Jason Wesley Morgan. HCR 36 Gallego SPONSOR: Madla Honoring Charles Coleman Winn for his philanthropy. HCR 37 Gallego SPONSOR: Madla In memory of John G. Prude. HCR 195 Berman SPONSOR: Staples Honoring Louise H. Ornelas of Tyler for her philanthropy. HJR 47 Madden SPONSOR: Shapiro Proposing a constitutional amendment authorizing the cancellation of an election to fill a vacancy in the legislature when a candidate is running unopposed. (AMENDED)

Tuesday, April 17, 2001 HOUSE JOURNAL 53rd Day 1179 SB 355 Lindsay Relating to a nursing home resident s right to informed consent regarding the prescription of certain drugs. SB 437 Staples Relating to the offense of theft of service. SB 497 Shapleigh Relating to information a state agency may post on the Internet. SB 698 Carona Relating to the applicability of the rule against perpetuities to trusts. SB 795 Ellis, Rodney Relating to the forfeiture of profits received from the sale of crime memorabilia. SB 862 Staples Relating to the exemption from ad valorem taxation for freeport goods. SB 865 Staples Relating to the changing of an ad valorem tax appraisal roll. SB 913 Ogden Relating to a lien on a cause of action or claim of an individual who receives certain medical services. SB 968 Bivins Relating to certain civil consequences of a theft involving motor fuel. SB 1126 Ogden Relating to expunction for unadjudicated but admitted offenses. SB 1190 Ellis, Rodney Relating to technology development and transfer by institutions of higher education. SB 1238 Moncrief Relating to creation of a voluntary child-care registry for certain child-care providers. SB 1586 Moncrief Relating to fees for copies of birth and death certificates. SB 1760 Lucio Relating to the housing trust fund. SJR 26 Carona Proposing a constitutional amendment to remove the prohibition against perpetual trusts. SJR 50 Lucio Proposing a constitutional amendment providing for the issuance of bonds to augment funds for low and very low income housing. Respectfully, Betty King Secretary of the Senate

1180 77th LEGISLATURE REGULAR SESSION Message No. 2 MESSAGE FROM THE SENATE SENATE CHAMBER Austin, Texas Tuesday, April 17, 2001-2 The Honorable Speaker of the House House Chamber Austin, Texas Mr. Speaker: I am directed by the Senate to inform the House that the Senate has taken the following action: THE SENATE HAS PASSED THE FOLLOWING MEASURES: LOCAL AND UNCONTESTED CALENDAR SB 19 Nelson Relating to the improvement of children s health through daily physical activity in public schools and a coordinated approach by public schools to prevent obesity and certain diseases. SB 361 Lucio Relating to the membership and activities of the Interagency Council on Autism and Pervasive Developmental Disorders. SB 386 Bivins Relating to updating references to the campuses of the Texas State Technical College System. SB 654 Staples Relating to certain licensing information required for registration as a sex offender. SB 817 Armbrister Relating to the requirement that the name of a state agency be printed on certain state motor vehicles. SB 833 Moncrief Relating to child-care services. SB 890 Ogden Relating to the operation of a commercial motor vehicle in this state. SB 917 Shapiro Relating to the aggregation of amounts involved in the offense of breach of computer security to determine punishment. SB 976 Fraser Relating to establishing a permanent fund for veterans care. SB 1006 Van de Putte Relating to testing for accidental exposure to hepatitis B or hepatitis C. SB 1023 Brown, J. E. Buster Relating to compensation for services rendered at a polling place by election officers.

Tuesday, April 17, 2001 HOUSE JOURNAL 53rd Day 1181 SB 1024 Carona Relating to investigations under and enforcement of the law regulating the practice of podiatry. SB 1051 Shapleigh Relating to the training and regulation of promotoras and community health workers. SB 1057 Ellis, Rodney Relating to the administration of the TEXAS grant program and to the dissemination of student financial aid information. SB 1090 Ellis, Rodney Relating to codifying in general law various riders in the General Appropriations Act. SB 1091 Ellis, Rodney Relating to limitations on payments for settlement of judgments made by state agencies from appropriated money. SB 1123 Armbrister Relating to the enforcement and collection of taxes, fees, and other revenue; providing criminal penalties. SB 1147 Lindsay Relating to county authority to regulate vehicular or pedestrian gates to and to require building numbers for certain multi-unit housing projects; providing a penalty. SB 1174 Wentworth Relating to the punishment for the offense of criminal mischief involving a public water supply. SB 1242 Moncrief Relating to criminal history checks of employees and applicants for employment in certain long-term care facilities. SB 1262 Brown, J. E. Buster Relating to the authority of an officer to return stolen property to its owner. SB 1300 Cain Relating to the practice of medicine without an annual registration receipt. SB 1353 Armbrister Relating to the issuance of certain veterans license plates. SB 1371 Brown, J. E. Buster Relating to denial of renewal of a driver s license for failure to pay certain fines. SB 1424 Brown, J. E. Buster Relating to certain practices and procedures involving the conduct of early voting by mail. SB 1433 Ogden Relating to the jurisdiction of the 85th, 272nd, and 361st District Courts in Brazos County.

1182 77th LEGISLATURE REGULAR SESSION SB 1454 Lucio Relating to the Texas Food for Health Advisory Council. SB 1464 Nelson Relating to signature requirements for certain petitions filed in connection with a candidate s application for a place on the ballot. SB 1475 Duncan Relating to the abolition of the Children s Trust Fund of Texas Council and to the transfer of its powers and duties to the Department of Protective and Regulatory Services. SB 1498 Harris Relating to authorizing a recreational facility fee at The University of Texas at Arlington. SB 1583 Van de Putte Relating to reports submitted to the Commission on Law Enforcement Officer Standards and Education. SB 1589 Moncrief Relating to removing the Texas Juvenile Probation Commission from the list of agencies considered to be health and human services agencies generally subject to the authority of the Health and Human Services Commission. SB 1611 Fraser Relating to the structure and functions of the Texas Treasury Safekeeping Trust Company. SB 1637 Bernsen Relating to discount cards deceptively marketed as insurance. SB 1648 Bernsen Relating to the application of the sex offender registration program to certain persons who violate the laws of another state or violate federal law, including military law. SB 1680 Jackson Relating to audits of the promotion and development fund of a navigation district. SB 1681 Jackson Relating to the waiver of a jury trial in the prosecution of a misdemeanor offense within the jurisdiction of the justice and municipal courts. SB 1722 Bivins Relating to the transfer of the Amarillo campus of the Texas State Technical College System to Amarillo College. SB 1747 Haywood Relating to the offense of theft of livestock from a commission merchant. SB 1767 Carona Relating to the issuance of a protective custody order by a magistrate. SCR 34 Brown, J. E. Buster Expressing support for the Minerals Management Service to proceed with the Outer Continental Shelf (OCS) lease in the eastern Gulf of Mexico.

Tuesday, April 17, 2001 HOUSE JOURNAL 53rd Day 1183 SCR 35 Brown, J. E. Buster Memorializing Congress to require federally-controlled emission sources to meet the same reduction schedule as state-controlled sources. Respectfully, Betty King Secretary of the Senate Message No. 3 MESSAGE FROM THE SENATE SENATE CHAMBER Austin, Texas Tuesday, April 17, 2001-3 The Honorable Speaker of the House House Chamber Austin, Texas Mr. Speaker: I am directed by the Senate to inform the House that the Senate has taken the following action: THE SENATE HAS PASSED THE FOLLOWING MEASURES: SB 246 Shapleigh Relating to a review of transportation projects related to international trade. SB 297 West, Royce Relating to providing supplemental financial assistance to certain grandparents. SB 551 Van de Putte Relating to the possession of and access to certain children by parents who have engaged in sexual assault. SB 1186 Shapleigh Relating to requiring the Texas Higher Education Coordinating Board to publish certain performance data provided to the board by general academic teaching institutions. SB 1289 Carona Relating to designating a model injury prevention center. SCR 1 Wentworth Granting R. C. Crawford and Crawford Heavy and Marine Construction Limited permission to sue the state and the Texas Department of Transportation. Respectfully, Betty King Secretary of the Senate

1184 77th LEGISLATURE REGULAR SESSION Message No. 4 MESSAGE FROM THE SENATE SENATE CHAMBER Austin, Texas Tuesday, April 17, 2001-4 The Honorable Speaker of the House House Chamber Austin, Texas Mr. Speaker: I am directed by the Senate to inform the House that the Senate has taken the following action: THE SENATE HAS PASSED THE FOLLOWING MEASURES: SB 305 Harris Relating to the continuation and functions of the Texas Parks and Wildlife Department. SB 536 Ellis, Rodney Relating to compensation for wrongful imprisonment. SB 572 Moncrief Relating to the reduction of the shortage of registered nurses by establishing a program to increase enrollments in nursing education programs, increasing nursing faculty, and creating a nursing workforce data center. SB 875 West, Royce Relating to participation of fathers in programs and services administered by the Health and Human Services Commission and health and human services agencies and functions performed by the office of the attorney general. SB 1196 Truan Relating to the use of certain practices in disciplining or techniques in managing the behavior of public school students. SB 1282 Lucio Relating to the funding of port transportation or facility projects or port studies. SB 1339 Ogden Relating to requiring owners or operators of poultry operations to implement and maintain certified water quality management plans. SB 1345 Armbrister Relating to the interception of wire, oral, or electronic communications, to the use of pen registers and trap and trace devices, and to the civil and criminal consequences of improperly engaging in those activities. SB 1430 West, Royce Relating to a court order of retroactive child support or for the abeyance of the enforcement of child support arrearages. Respectfully, Betty King Secretary of the Senate

Tuesday, April 17, 2001 HOUSE JOURNAL 53rd Day 1185 APPENDIX STANDING COMMITTEE REPORTS Favorable reports have been filed by committees as follows: April 11 County Affairs - HB 1950, HB 2863, HB 2937 Economic Development - HB 76, HB 1348, HB 2327, HB 2503, HB 2763, HB 2769 Energy Resources - SB 1015 Financial Institutions - HB 2453, HB 2988, SB 626 House Administration - HB 2877 Human Services - SB 691 Insurance - HB 2498 Juvenile Justice & Family Issues - HB 691, HB 2638 Land & Resource Management - HB 9, HB 2050, HB 2052, HB 2793, HB 2794 Natural Resources - HB 3017, HB 3023, HB 3024, HB 3543, HB 3587, HB 3642, HB 3659 State Recreational Resources - SB 1410 State, Federal & International Relations - HB 3387, SB 718 Ways & Means - HB 2175, HB 2412, HB 3121 April 12 Business & Industry - HB 3430 Civil Practices - HB 560, HB 740, HB 1080, HB 2301, HB 2312, HB 2723, HB 3472, SB 84 Corrections - HB 726, HB 2114, SB 636 County Affairs - HB 1148, HB 2405, HB 2760, HB 2818, HB 3647, HB 3660 Criminal Jurisprudence - HB 31, HB 131, HB 367, HB 510, HB 1539, HB 1726, HB 2926, SB 215, SB 923 Elections - HB 407, HB 2639 Financial Institutions - HB 1995, SB 788 Higher Education - HB 910, HB 1640, HB 1716, HB 2459, HB 2476, HB 3004, HB 3258, HB 3265, HB 3303, SB 74, SB 263, SB 462, SB 576, SB 989 Insurance - HB 548, HB 1982, HB 2146, HB 2389, HB 3079

1186 77th LEGISLATURE REGULAR SESSION Land & Resource Management - HB 2138, HB 2683, SB 916, SB 936, SB 1144, SB 1672 Natural Resources - HB 2005, HB 2532, HB 2687, HB 2776, HB 2817, HB 2855, HB 3044, HB 3194, HB 3195, HB 3231, HB 3355, HB 3404, HB 3629, HB 3640, HB 3651, HB 3652, HB 3655, HB 3674 Public Education - HB 623, HB 2118, HB 2452, HB 2570 Public Health - SB 509 Urban Affairs - HB 829, HB 1957, HB 2273, HB 2384, HB 2486, HB 3193, HB 3623, SB 510, SB 738 Ways & Means - HB 2378, HB 2756, HB 3392, HB 3595 April 16 Business & Industry - HB 557, HB 1049, HB 1324, HB 2530, HB 2804, HB 2976, HB 3081, HB 3120, HB 3151, HB 3212, HB 3458, HCR 174, SB 583, SB 620 County Affairs - HB 2477 Criminal Jurisprudence - HB 267, HB 738, HB 1181, HB 1354, HB 1572, HB 1925, HB 3358, SB 203 Economic Development - SB 813 Elections - HB 563, HB 1599, HB 1856, HB 2692, HB 2693 Judicial Affairs - HB 2167, HB 2633, HB 3192, HB 3627, HB 3637, HB 3643, HB 3646, HB 3662, HB 3664 Land & Resource Management - HB 2117, HB 2481, HB 2684, HB 3479, SB 365 Natural Resources - HB 2761, HB 3648 Public Health - HB 998, SB 831 Transportation - HB 1128, HB 1681, HB 1939, HB 2616, HB 2909, HB 3441, SCR 25 ENGROSSED April 11 - HB 7, HB 85, HB 310, HB 337, HB 821, HB 1117, HB 1162, HB 1323, HB 1811, HB 1922, HB 2109, HB 2147, HB 2509 SENT TO THE GOVERNOR April 11 - HCR 101, HCR 129, HCR 130, HCR 131 SIGNED BY THE GOVERNOR April 11 - HCR 182, HCR 188