thirtieth day - texas · county has indeed played a vital role in the development of the lone star...

THIRTIETH DAYMONDAY, MARCH 10, 2003

PROCEEDINGS

The Senate met at 1:30 p.m. pursuant to adjournment and was called to order by

the President.

The roll was called and the following Senators were present:iiArmbrister, Averitt,

Barrientos, Bivins, Brimer, Carona, Deuell, Duncan, Ellis, Estes, Fraser, Gallegos,

Harris, Hinojosa, Jackson, Janek, Lindsay, Lucio, Madla, Nelson, Ogden, Ratliff,

Shapiro, Shapleigh, Staples, VanideiPutte, Wentworth, West, Whitmire, Williams,

Zaffirini.

The President announced that a quorum of the Senate was present.

The Reverend Danny Wayman, First United Methodist Church, La Porte, offered

the invocation as follows:

Almighty, gracious God, we praise Your justice and mercy toward us.

We confess many times we do not act with justice nor our hearts overflow

with mercy. Forgive us. We pray for guidance and wisdom to fill this

place. May all who enter here be filled with awe of You and serve You with

skill and ability. Bless us, bless us indeed. Let the hearts of these Your

humble servants match the greatness of this state. Forgive our selfishness.

Empower each of us to look after the interests of the whole. Put Your hand

upon us. Let our power be used for Your purpose so peace will reign. Keep

us from evil. Protect our soldiers who serve in foreign lands. Give courage

to those who protect our native land. Replace our fears with confidence in

You. We thank You for Your divine providence. We thank You for the

opportunity to serve all Your people. Keep in our minds and laws the faces

we do not see, the hearts who are broken, and the voices who are not heard.

In Your holy name we pray. Amen.

Senator Whitmire moved that the reading of the Journal of the proceedings of

Thursday, March 6, 2003, be dispensed with and the Journal be approved as printed.

The motion prevailed without objection.

CO-AUTHOR OF SENATE BILL 377

On motion of Senator Armbrister, Senator Whitmire will be shown as Co-author

of SBi377.

CO-AUTHOR OF SENATE BILL 484

On motion of Senator Estes, Senator Deuell will be shown as Co-author ofSBi484.

CO-AUTHORS OFSENATE CONCURRENT RESOLUTION 17

On motion of Senator Bivins, Senators Armbrister, Averitt, Brimer, Carona,Deuell, Duncan, Ellis, Estes, Gallegos, Harris, Hinojosa, Jackson, Janek, Lindsay,Lucio, Madla, Nelson, Shapiro, Shapleigh, Van de Putte, Wentworth, West, Williams,and Zaffirini will be shown as Co-authors of SCRi17.

SENATE RESOLUTION 318

Senator Lucio offered the following resolution:

WHEREAS, Dr. Pat Hubert and Goldia Hubert placed great faith and trust in thefuture when they married on September 13, 1952, and they have been amplyrewarded, as they recently celebrated their 50th wedding anniversary; and

WHEREAS, The world has changed considerably during the years of theirmarriage, yet the couple has steadfastly embraced traditional family and moral values;and

WHEREAS, Pat and Goldia are both graduates of schools in The Texas A&MUniversity System and are actively involved in the Kingsville community; Patgraduated from Texas A&M University and is a rancher and veterinarian, and Goldiagraduated from Texas A&M University–Kingsville and is a teacher in Kingsville; and

WHEREAS, Over the years, they have grown stronger in their love and devotionas together they have experienced the joys and sorrows of everyday living; and

WHEREAS, Dr. and Mrs. Hubert have been blessed with a wonderful family,and their children and grandchildren have been a source of much pride and joy; and

WHEREAS, The long and happy union of Goldia and Pat is truly an inspirationto us all; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 78th Legislature, herebyextend sincere congratulations to Dr. and Mrs. Pat Hubert on their 50th weddinganniversary; and, be it further

RESOLVED, That a copy of this Resolution be prepared for this distinguishedcouple as a memento of this special day in their lives.

The resolution was read and was adopted without objection.

GUESTS PRESENTED

Senator Lucio was recognized and introduced to the Senate Pat and GoldiaHubert of Kingsville; their sons, John and Martin; and their grandson, Zach;accompanied by other family members.

The Senate welcomed its guests.


Senator Deuell offered the following resolution:

WHEREAS, On March 10, 2003, many proud Northeast Texas residents arevisiting Austin in celebration of Rains County Day at the State Capitol; and

436 78th Legislature — Regular Session 30th Day

WHEREAS, Rains County was created in the late 1800s from Hopkins, Hunt,

and Wood counties; the county and its seat, Emory, were named in honor of Emory

Rains, an early pioneer who served in the Congress of the Republic of Texas; and

WHEREAS, With a total area of only 258.8 square miles, Rains County is one of

the smallest counties in the State but is the 13th-fastest-growing county in the country;

and

WHEREAS, Situated between Lake Tawakoni and Lake Fork Reservoir, this

lovely area is blessed with an abundant water supply and fertile soil characteristic of

the Blackland Prairie region; the county initially prospered as a thriving agricultural

and ranching center and today enjoys a diverse economy that includes oil production,

manufacturing, and tourism; and

WHEREAS, Emory, which was originally known as Springville, is now the

largest town in Rains County with just over 1,000 people; it is also home to the Rains

County Fair Grounds, the site of the annual Eagle Fest celebration held in January,

when the county ’s lakes are the winter home of many American bald eagles and other

rare birds; and

WHEREAS, The city of Point was incorporated in 1966 and is recognized as the

birthplace of the National Farmers Union, an organization that has grown to include

more than 300,000 members; and

WHEREAS, The county ’s youngest municipality, East Tawakoni was

incorporated in 1967 and has experienced significant growth in recent years; this

resort area offers residents the benefits of a relaxed rural community while providing

easy access to Dallas; and

WHEREAS, Proof positive that good things do come in small packages, Rains

County has indeed played a vital role in the development of the Lone Star State, and it

is a pleasure to join with our fellow Texans in saluting the county and its fine citizens

at this time; now, therefore, be it

RESOLVED, That the Senate of the 78th Texas Legislature hereby recognize

March 10, 2003, as Rains County Day at the State Capitol and extend to the visiting

delegation sincere best wishes for an informative and memorable stay in the Capital

City.


GUESTS PRESENTED

Senator Deuell was recognized and introduced to the Senate Rubye McKeown,

accompanied by a delegation of citizens from Rains County.


PHYSICIAN OF THE DAY

Senator Carona was recognized and presented Dr. Dana Bleakney of Dallas as

the Physician of the Day.

The Senate welcomed Dr. Bleakney and thanked her for her participation in the

Physician of the Day program sponsored by the Texas Academy of Family

Physicians.

Monday, March 10, 2003 SENATE JOURNAL 437


Senator Zaffirini offered the following resolution:

SR 202, In memory of Hilbert H. Kopplin of Live Oak County.

The resolution was read.

Senator Zaffirini was recognized and introduced to the Senate Live Oak CountyJudge Jim Huff and Live Oak County Commissioner Barbara Kopplin, widow ofHilbert H. Kopplin.

The Senate welcomed its guests and extended its sympathy.

On motion of Senator Zaffirini, the resolution was adopted by a rising vote of theSenate.

In honor of the memory of Hilbert H. Kopplin of Live Oak County, the text ofSRi202 is printed at the end of today ’s Senate Journal.


Senator Zaffirini offered the following resolution:

WHEREAS, The residents of Live Oak County have a fascinating history thatadds to the important cultural and economic contributions they are making to the LoneStar State; and

WHEREAS, Settled perhaps more than 10,000 years ago by the first residents ofTexas, the county was at various times inhabited by Indian tribes and later by Spanishand Mexican colonists, as well as Irish immigrants; this diverse population facedgrave challenges during the Texas Revolution, as expeditions launched by Mexicoclashed with local residents, and ownership of the land between the Nueces and theRio Grande rivers was hotly contested by Mexico and the Republic of Texas; and

WHEREAS, Live Oak County was officially formed on February 2, 1856, whenthe Texas Legislature created it from the counties of San Patricio and Nueces, namingit for the type of tree which was found over much of that region; and

WHEREAS, The county ’s population grew rapidly as its citizens focused theirefforts on building successful cattle and sheep ranches; at the turn of the century,agriculture continued to dominate the region ’s economy, with cotton playing animportant role in the lives of Live Oak residents, raising land prices, encouragingsubdivision of land, and bringing new wealth and immigrants to the area; theresilience of county citizens was evident once again in the 1930s, when the discoveryof oil and natural gas helped offset the combined effects of the Great Depression andthe declining cotton market; and

WHEREAS, This South Texas county, inhabited by about 12,000 people, issituated on the brushy plains between San Antonio and Corpus Christi and istraversed by the meandering Frio, Nueces, and Atascosa rivers, as well as by manysmaller tributaries; additionally, it is home to such attractions as Lake Corpus Christiand Choke Canyon State Park; and

WHEREAS, The residents of Live Oak County are justifiably proud of their finecommunities, including George West, the county seat, Three Rivers, Dinero, Lagarto,Oakville, Pernitas Point, and Whitsett, and it is a great pleasure to unite with ourfellow Texans in saluting this notable Texas county; now, therefore, be it


RESOLVED, That the Senate of the State of Texas, 78th Legislature, herebyrecognize March 10, 2003, as Live Oak County Day at the State Capitol and extend toits citizens warmest best wishes for a memorable and enjoyable visit.


GUESTS PRESENTED

Senator Zaffirini was recognized and again introduced to the Senate Live OakCounty Judge Jim Huff, accompanied by Sheriff Larry Busby; county commissionersRichard Lee and Jimmy Strause; and a delegation of county and city officials.


GUESTS PRESENTED

Senator Nelson was recognized and introduced to the Senate Dr. AdelaGonzalez, Vice-president for Strategic and Institutional Affairs at the University ofNorth Texas Health Science Center in Fort Worth, accompanied by a group ofstudents.



Senator Lucio offered the following resolution:

WHEREAS, The Senate of the State of Texas is pleased to recognize the City ofElsa, in Hidalgo County, which celebrated the 76th anniversary of its founding onMarch 2, 2003; and

WHEREAS, Elsa is located in the Delta region of Texas on land that was part ofthe Llano Grande land grant issued to Juan Jose Ynojosa de Ballı by Spanishauthorities in 1790; ranchers settled the surrounding region before 1800 andintroduced cattle and sheep and a variety of crops; and

WHEREAS, Anglo-Americans made their homes in the region in the early 1900sand developed truck farms; one of the largest canning and packaging industries in theworld once existed in this rich farming area; agriculture still constitutes a major sourceof the local economy, and Hidalgo County ranks first in the state in the market valueof its crops; and

WHEREAS, The City of Elsa was laid out next to the Texas and New OrleansRailroad in 1927 and named for Elsie George, the wife of a local landowner; the citywas incorporated in 1940 with a population of just over 1,000; today, more than 5,500people live in Elsa; and

WHEREAS, In 1997, the residents of Elsa helped create the Llano GrandeCenter for Research and Development; this nonprofit organization strives to nurturethe gifts and talents of the region ’s students and to strengthen the community; thecenter boasts a highly successful college preparation and placement program, whichwas established informally before the center and which helped to send more than 50students from Edcouch-Elsa High School to Ivy League universities between 1993and 2001; and

WHEREAS, The citizens of Elsa are rightfully proud of their history and theirendeavors to build a vigorous community; now, therefore, be it


RESOLVED, That the Senate of the State of Texas, 78th Legislature, hereby

congratulate the residents of Elsa on their contributions to their city and state and

extend best wishes to them for the future; and, be it further

RESOLVED, That a copy of this Resolution be prepared for the entire

community of Elsa as an expression of esteem from the Texas Senate.


GUESTS PRESENTED

Senator Lucio was recognized and introduced to the Senate a delegation of

citizens from Hidalgo County and the City of Elsa.


CONCLUSION OF MORNING CALL

The President at 2:00 p.m. announced the conclusion of morning call.

COMMITTEEiiSUBSTITUTE

SENATE BILL 104 ON SECOND READING

Senator Nelson moved that Senate Rule 7.13; Section 5, Article III, of the Texas

Constitution; and the regular order of business be suspended and that CSSBi104 be

taken up for consideration at this time:

CSSB 104, Relating to the regulation and enforcement of the practice of

medicine by the Texas State Board of Medical Examiners.

The motion prevailed by the following vote:iiYeasi29, Naysi2.

Yeas:iiArmbrister, Averitt, Barrientos, Bivins, Brimer, Carona, Deuell, Duncan,

Ellis, Estes, Fraser, Gallegos, Harris, Hinojosa, Jackson, Lindsay, Lucio, Madla,

Nelson, Ogden, Ratliff, Shapiro, Shapleigh, Staples, Van de Putte, West, Whitmire,

Williams, Zaffirini.

Nays:iiJanek, Wentworth.

The bill was read second time.

Senator Lindsay offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 104 as follows:

(1)iiInsert the following appropriately numbered SECTION of the bill:

SECTIONi___.iiSection 151.002(a)(2), Occupations Code, is amended to read as

follows:

(2)ii"Continuing threat to the public welfare" means a real [and present]

danger to the health of a physician ’s patients or to the public from the acts or

omissions of the physician caused through the physician ’s lack of competence,

impaired status, or failure to care adequately for the physician ’s patients, as

determined by:

(A)iithe board;

(B)iia medical peer review committee in this state;


(C)iia physician licensed to practice medicine in this state or otherwise

lawfully practicing medicine in this state;

(D)iia physician engaged in graduate medical education or training; or

(E)iia medical student.(2)iiIn SECTION 28 of the bill, in amended Section 164.059(b), Occupations

Code (committee printing page 8, lines 62 through 64), strike "unrestricted practice,

constitute a real danger to the health or safety of the person ’s patients [continuing

threat to the public welfare]" and substitute "practice, constitute a continuing threat to

the public welfare".

(3)iiIn SECTION 28 of the bill, in proposed Section 164.059(g), Occupations

Code, in the last sentence of that subsection (committee printing page 9, line 39),

strike "facts known to the board" and substitute "facts presented by the board".(4)iiRenumber the sections of the bill appropriately.

The floor amendment was read and was adopted by a viva voce vote.

Senator Deuell offered the following amendment to the bill:



(1)iiIn SECTION 2 of the bill, in amended Section 153.053, Occupations Code,

in proposed Subsection (c) of that section (committee printing page 1, line 48), strike

"$150" and substitute "$300".

(2)iiIn SECTION 7 of the bill, in amended Section 156.001(a), Occupations

Code (committee printing page 2, line 61), strike "first" and substitute "last".


Senator Hinojosa offered the following amendment to the bill:



(1)iiIn SECTION 3 of the bill, in proposed Section 153.0535(b), Occupations

Code (committee printing page 1, line 61), between "panel" and the period, insert

"and representation of the board by the attorney general ’s office".(2)iiIn SECTION 20 of the bill, in amended Section 164.003(b), Occupations

Code, in proposed Subdivision (4) of that subsection (committee printing page 5, line

47), strike "[(2)] the board ’s legal counsel or" and substitute "[(2) the board ’s legalcounsel or]".

(3)iiInsert the following appropriately numbered SECTIONS to the bill:

SECTIONi___.iiSection 153.013, Occupations Code, is amended to read as

follows:

Sec.i153.013.iiREPRESENTATION BY ATTORNEY GENERAL. (a) The

board shall be represented by the attorney general in:

(1)iiformal contested case hearings under Section 164.007; and

(2)iicourt proceedings [by the attorney general].

(b)iiA representative of the attorney general shall advise the board ’s staff ininformal proceedings under Section 164.003.


SECTIONi___.iiSection 164.005(e), Occupations Code, is amended to read asfollows:

(e)iiThe president or designee shall notify the State Office of AdministrativeHearings and the attorney general of a formal complaint.

SECTIONi___.iiSection 164.007, Occupations Code, is amended by amendingSubsections (a) and (b) and adding Subsection (i) to read as follows:

(a)iiThe board by rule shall adopt procedures governing formal disposition of acontested case under Chapter 2001, Government Code. A formal hearing shall beconducted by an administrative law judge employed by the State Office ofAdministrative Hearings. The attorney general shall represent the board in thehearing. [After receiving the administrative law judge ’s findings of fact andconclusions of law, the board shall determine the charges on the merits.]

(b)iiNotwithstanding this subtitle or other law, the board, with the approval of theattorney general, may employ, retain, and compensate:

(1)ii[attorneys,] consultants[,] and other professionals as necessary andappropriate to serve as board consultants [or special counsel to prosecute complaintsfiled with the board on behalf of the hearings division and investigating division]; and

(2)iicourt reporters and other staff necessary to prepare for or represent theboard in the hearings authorized by this section.

(i)iiAfter a hearing described by this section is concluded, the parties may submitto the administrative law judge proposed findings of fact and conclusions of law and aproposal for decision as to the occurrence of the violation and any proposed sanction.The administrative law judge shall make findings of fact and conclusions of law andissue a final decision finding that a violation has occurred and imposing a sanction orfinding that no violation occurred. If the administrative law judge finds that aviolation has occurred, the administrative law judge may impose any sanction that theboard is authorized to impose under this chapter. The administrative law judge mayimpose more than one sanction for the same violation. Section 2001.058(f),Government Code, applies to the formal disposition of a contested case under thissection regardless of whether the board has adopted a rule under that subsection. Forthe purposes of this chapter, a sanction imposed by an administrative law judge underthis section is considered to be a disciplinary action taken by the board.

SECTIONi___.ii(a) Not later than January 1, 2004, the Texas State Board ofMedical Examiners and the attorney general shall enter into a memorandum ofunderstanding under which all attorneys employed by the board, except as providedby Subsection (b) of this section, are transferred to the attorney general ’s office. Thememorandum required by this section shall prescribe the manner by which the transfershall be accomplished and provide for the transfer to the attorney general ’s office ofmoney appropriated to the board for legal services, including money for salaries oftransferred employees, and the transfer of any files, records, equipment, property, andsupport personnel necessary to accomplish the transfer. The memorandum shall alsoaddress the manner by which any investigation or other formal or informal proceedingin which a board employee is providing services shall be transferred to the attorneygeneral ’s office. The transfer required by this section must be completed not later thanMarch 1, 2004.


(b)iiThe transfer of legal personnel and services required by this section does notapply to the general counsel to the Texas State Board of Medical Examiners. Thememorandum of understanding required by Subsection (a) of this section shall includeprovisions for the retention by the general counsel of one attorney and sufficientsupport personnel to fulfill the general counsel ’s responsibilities.

(4)iiRenumber the SECTIONS of the bill appropriately.

The floor amendment was read and failed of adoption by the followingvote:iiYeasi12, Naysi19.

Yeas:iiArmbrister, Barrientos, Ellis, Gallegos, Harris, Hinojosa, Lucio, Madla,Shapleigh, Van de Putte, West, Whitmire.

Nays:iiAveritt, Bivins, Brimer, Carona, Deuell, Duncan, Estes, Fraser, Jackson,Janek, Lindsay, Nelson, Ogden, Ratliff, Shapiro, Staples, Wentworth, Williams,Zaffirini.

Senator Janek offered the following amendment to the bill:


Amend CSSB 104 by adding the following appropriately numbered SECTIONand renumbering the subsequent SECTIONs of the bill accordingly:

SECTIONi___.iiSection 153.055, Occupations Code, is amended by addingSubsection (c) to read as follows:

(c)iiThe board shall include in the report information regarding anyinvestigations that remain pending after one year, including the reasons theinvestigations remain pending.


Senator Gallegos offered the following amendment to the bill:


Amend CSSB 104 by adding a new SECTION ___ to the bill to read as follows:SECTION ___.iiSection 154.002(a), Occupations Code, is amended as follows:(a) The board shall prepare:

(1) an alphabetical list of the names of the license holders;(2) an alphabetical list of the names of the license holders by the county in

which the license holder ’s principal place of practice is located;(3) a summary of the board ’s functions;(4) a copy of this subtitle and a list of other laws relating to the practice of

medicine;(5) a copy of the board ’s rules; [and](6) a statistical report each fiscal year to the legislature and the public that

provides aggregate information about all complaints received by the board categorizedby type of complaint, including administrative, quality of care, medical error,substance abuse, other criminal behavior, and the disposition of those complaints bycategory; and

(7) other information considered appropriate by the board.





Amend CSSB 104 by adding a new SECTION ___ to the bill to read as follows:SECTION ___. Section 154.006, Occupations Code, is amended by amending

Subsections (a), (b) and (g) and adding Subsection (j) to read as follows:(a)iiThe board shall create a profile of each physician licensed under this subtitle.

The profile must:(1)iiinclude the information required by Subsection (b); and(2)iibe compiled in a format that [permits the board to make] makes the

information contained in the profile easily available to the public.(b)iiA profile must contain the following information on each physician:

(1)iithe name of each medical school attended and the dates of:(A)iigraduation; or(B)iiFifth Pathway designation and completion of the Fifth Pathway

Program;(2)iia description of all graduate medical education in the United States or

Canada;(3)iiany specialty certification held by the physician and issued by a medical

licensing board that is a member of the American Board of Medical Specialties or theBureau of Osteopathic Specialists;

(4)iithe number of years the physician has actively practiced medicine in:(A)iithe United States or Canada; and(B)iithis state;

(5)iithe name of each hospital in this state in which the physician hasprivileges;

(6)iithe physician ’s primary practice location;(7)iithe type of language translating services, including translating services

for a person with impairment of hearing, that the physician provides at the physician ’sprimary practice location;

(8)iiwhether the physician participates in the Medicaid program;(9)iia description of any conviction for a felony, a Class A or Class B

misdemeanor, or a Class C misdemeanor involving moral turpitude [during the10-year period preceding the date of the profile];

(10)iia description of any charges reported to the board [during the 10-yearperiod preceding the date of the profile] to which the physician has pleaded nocontest, for which the physician is the subject of deferred adjudication or pretrialdiversion, or in which sufficient facts of guilt were found and the matter wascontinued by a court;

(11)iia description of any disciplinary action against the physician by theboard [during the 10-year period preceding the date of the profile];

(12)iia description of any disciplinary action against the physician by amedical licensing board of another state [during the 10-year period preceding the dateof the profile];

(13)iia description of the final resolution taken by the board on medicalmalpractice claims or complaints required to be opened by the board under Section164.201;


(14)iiwhether the physician ’s patient service areas are accessible to disabledpersons, as defined by federal law; [and]

(15)iia description of any formal complaint against the physician initiatedand filed under Section 164.005 and the status of the complaint; and

(16)iithe text of a formal complaint, filed under Section 164.005 of this Act,against the physician or of a board order related to the formal complaint.

(g)iiThe board shall update the information contained in a physician ’s profileannually, except that information provided under (b)(16) of this subsection shall beupdated within ten working days of the date of the board action. The board shall adopta form that allows a physician to update information contained in a physician ’sprofile. The form shall be made available on the Internet and in other formats asprescribed by board rule. The board may adopt rules concerning the type and contentof additional information that may be included in a physician ’s profile.

(j)iiInformation included in a physician ’s profile under Subsection (b) may notinclude any patient identifying information.

The floor amendment was read.

On motion of Senator Nelson, Floor Amendment No. 6 was tabled by thefollowing vote:iiYeasi24, Naysi7.

Yeas:iiArmbrister, Averitt, Bivins, Brimer, Carona, Deuell, Duncan, Ellis, Estes,Fraser, Harris, Jackson, Janek, Lindsay, Nelson, Ogden, Ratliff, Shapiro, Staples,VanideiPutte, West, Whitmire, Williams, Zaffirini.

Nays:iiBarrientos, Gallegos, Hinojosa, Lucio, Madla, Shapleigh, Wentworth.



Amend CSSB 104 by adding the following new SECTION, appropriatelynumbered, and renumbering the subsequent SECTIONS of the bill accordingly:

SECTIONi___.iiSubsection (b), Section 154.006, Occupations Code, is amendedto read as follows:

(b)iiA profile must contain the following information on each physician:(1)iithe name of each medical school attended and the dates of:

(A)iigraduation; or(B)iiFifth Pathway designation and completion of the Fifth Pathway






(6)iithe physician ’s primary practice location;


(7)iithe type of language translating services, including translating services


(8)iiwhether the physician participates in the Medicaid program;

(9)iia description of any conviction for a felony, a Class A or Class B

misdemeanor, or a Class C misdemeanor involving moral turpitude during the 10-year

period preceding the date of the profile;

(10)iia description of any charges reported to the board during the 10-year

period preceding the date of the profile to which the physician has pleaded no contest,

for which the physician is the subject of deferred adjudication or pretrial diversion, or

in which sufficient facts of guilt were found and the matter was continued by a court;

(11)iia description of any disciplinary action against the physician by the

board during the 10-year period preceding the date of the profile;

(12)iia description of any disciplinary action against the physician by a

medical licensing board of another state during the 10-year period preceding the date

of the profile;

(13)iia description of the final resolution taken by the board on medical

malpractice claims or complaints required to be opened by the board under Section

164.201;

(14)iiwhether the physician ’s patient service areas are accessible to disabled

persons, as defined by federal law; [and]

(15)iia description of any formal complaint against the physician initiated

and filed under Section 164.005 and the status of the complaint; and

(16)iia description of any medical malpractice claim against the physician,

not including a description of any offers by the physician to settle the claim, for which

the physician was found liable and a jury awarded monetary damages to the claimant.


On motion of Senator Lindsay and by unanimous consent, Floor Amendment

No.i7 was temporarily withdrawn.




(1)iiOn page 2, line 19, strike "and."

(2)iiOn page 2, line 22, strike "." and add "; and"

(3)iiOn page 2, line 23, add the following Subsection (7) to read as follows:

(7)iirequire review of reports filed with the National Practitioner ’s Data

Bank for any reports of termination, limitation, suspension, limitations in scope of

practice and/or probation of clinical or hospital staff privileges of a physician by any

hospital, health maintenance organization, IPA, Sec. 5.01A group, or physician

network.



Senator Harris offered the following amendment to the bill:


Amend CSSB 104 by adding the following new SECTIONS, appropriately

numbered, and renumbering the subsequent SECTIONS of the bill accordingly:

SECTIONi___.iiSection 154.054, Occupations Code, is amended to read as

follows:

Sec. 154.054.iiCOMPLAINT INFORMATION TO HEALTH CARE ENTITY.

On written request, the board shall provide information to a health care entity

regarding:

(1)iia complaint filed against a license holder that was resolved after

investigation by:

(A)iia disciplinary order of the board; or

(B)iian agreed settlement; and

(2)iithe basis of and current status of any complaint under active

investigation that has been assigned by the executive director to a person authorized

by the board to pursue legal action.

SECTIONi___.iiSubsection (a), Section 160.052, Occupations Code, is amended

to read as follows:

(a)iiEach insurer shall submit to the board the report or other information

described by Section 160.053 at the time prescribed. The insurer shall provide the

report or information with respect to:

(1)iia [notice of claim letter or] complaint filed against an insured in a court,

if the [notice of claim letter or] complaint seeks damages relating to the insured ’sconduct in providing or failing to provide a medical or health care service; and

(2)iisettlement of a claim without the filing of a lawsuit or settlement of a

lawsuit made on behalf of the insured involving damages relating to the insured ’sconduct in providing or failing to provide a medical or health care service.

SECTIONi___.iiSubsection (a), Section 160.053, Occupations Code, is amended

to read as follows:

(a)iiNot later than the 30th day after the date an insurer receives from an insured

a [notice of claim letter or] complaint filed in a lawsuit, the date of a settlement of a

claim without the filing of a lawsuit, or the date of a settlement of a lawsuit against the

[from an] insured, the insurer shall furnish to the board:

(1)iithe name of the insured and the insured ’s Texas medical license

number;

(2)iithe policy number; and

(3)iia copy of the [notice of claim letter or] complaint or settlement.

SECTIONi___.iiSubsection (a), Section 160.052, and Subsection (a), Section

160.053, Occupations Code, as amended by this Act, apply only to a settlement

entered into on or after the effective date of this Act. A settlement entered into before

the effective date of this Act is governed by the law as it existed on the date the

settlement was entered into, and the law is continued in effect for that purpose.





Amend CSSB 104, Senate committee printing, as follows:(1)iiIn SECTION 4 of the bill, in the recital to that section (committee printing

page 1, line 63), strike "Subsection (e)" and substitute "Subsections (e) and (f)".(2)iiIn SECTION 4 of the bill, after added Section 154.056(e), Occupations Code

(committee printing page 2, between lines 30 and 31), insert the following:(f)iiIn the board rules adopted under Subsection (a)(3), the board shall require

that the letter informing the person who filed the complaint of the dismissal of thecomplaint include an explanation of the reason the complaint was dismissed.




Amend CSSB 104 as follows:(1)iiIn SECTION 7 of the bill, in amended Section 156.001(c), Occupations

Code (committee printing page 2, lines 66-67), strike "An eligible [A] license holder,as determined by the board," and substitute "A license holder".

(2)iiIn SECTION 12 of the bill, in amended Section 156.007(a), OccupationsCode (committee printing page 4, line 3), strike "an eligible [a]" and substitute "a".




Amend CSSB 104 as follows:(1)iiOn page 4, line 8, insert the following after the period: "The rules adopted

under this subsection shall also include prohibitions on any potential conflicts ofinterest by any panel member, including but not limited to the panel member ’s insurerand the subject physician ’s insurer."


On motion of Senator Gallegos and by unanimous consent, Floor AmendmentNo.i12 was withdrawn.



Amend CSSB 104 by adding a new SECTION ___ to the bill to read as follows:SECTION ___. Section 160.053, Occupations Code, is amended by amending

Subsection (a) to add subsection (4) and amending Subsection (b) as follows:Sec.i160.053.iiContents of Report; Additional Information(a) Not later than the 30th day after the date an insurer receives a notice of claim

letter or complaint from an insured, the insurer shall furnish to the board:(1)iithe name of the insured and the insured ’s Texas medical license number;(2)iithe policy number; and(3)iia copy of the notice of claim letter or complaint; and


(4)iia copy of any expert report filed pursuant to Art. 4590i, Sec. 13.01.

(b)iiThe board, in consultation with the commissioner, shall adopt rules for

reporting additional information as the board requires. In adopting the rules, the

board shall consider other claim reports required under state and federal statutes indetermining the information to be reported, form of the report, and frequency of

reporting. Additional information which the board shall requires must may include:

(1)iithe date of a judgment, dismissal, or settlement;

(2)iiwhether an appeal has been taken and by which party; and

(3)iithe amount of the settlement or judgment against the insured.





(1)iiIn the recital to SECTION 19 of the bill (committee printing page 5, line 26),strike "Subsection (f)" and substitute "Subsections (f) through (i)".

(2)iiIn SECTION 19 of the bill, immediately following added Subsection (f),

Section 164.001, Occupations Code (committee printing page 5, between lines 32 and

33), add the following:

(g)iiIn determining the appropriate disciplinary action, including the amount of

any administrative penalty to assess, the board shall consider whether the person:

(1)iiis being disciplined for multiple violations of this subtitle or a rule or

order adopted under this subtitle; or(2)iihas previously been the subject of disciplinary action by the board.

(h)iiIn the case of a person described by:

(1)iiSubsection (g)(1), the board shall consider taking a more severe

disciplinary action, including revocation of the person ’s license, than the disciplinary

action that would be taken for a single violation; and

(2)iiSubsection (g)(2), the board shall consider revoking the person ’s licenseif the person has repeatedly been the subject of disciplinary action by the board.

(i)iiIf the board chooses not to revoke the license of a person described by

Subsection (g)(2), the board shall consider taking a more severe disciplinary actionthan the disciplinary action previously taken.





(1)iiIn SECTION 20 of the bill, in amended Section 164.003(c), Occupations

Code (committee printing page 5, line 62, through page 6, line 5), strike proposed

Subdivisions (4)-(6) of that subsection and substitute the following:

(4)iireceive, at least 10 days before the date of the meeting, a complete copy

of any information, including reports, summaries, and clinical records provided to theboard ’s representative by the board ’s staff; and


(5)iiif applicable, a statement and explanation of the standard of care thephysician is alleged to have violated, including the final report of the expert physicianpanel used by the board to establish the existence of the alleged violation.

(2)iiIn SECTION 20 of the bill, in amended Section 164.003, Occupations Code,strike the first sentence of proposed Subsection (e) of that section (committee printingpage 6, lines 6 through 9), and substitute "For purposes of Subsections (c)(4) and(c)(5), the information provided by the board to the physician must include the factsof the case, as presented to the board, and the final expert physician panel report."

(3)iiIn SECTION 20 of the bill, in amended Section 164.003, Occupations Code,in proposed Subsection (e) of that section (committee printing page 6, lines 11through 13), strike proposed Subdivision (1) of that subsection and substitute "(1) aboard investigative report or memorandum;".

(4)iiIn SECTION 22 of the bill, in amended Section 164.004(a), OccupationsCode (committee printing page 6, lines 44 through 46), strike amended Subdivision(2) of that subsection and substitute "(2) the license holder is provided with acomplete copy of any information, including reports, summaries, and clinical recordsprovided to the board ’s representative by the board ’s staff; and".

(5)iiIn SECTION 22 of the bill, in proposed Section 164.004(c), OccupationsCode (committee printing page 6, lines 52 through 54), strike the first sentence of thatsubsection and substitute "For purposes of Subsection (a), the information providedby the board to the physician must include the facts of the case, as presented to theboard, and the final expert physician panel report."

(6)iiIn SECTION 22 of the bill, in proposed Section 164.004(c), OccupationsCode (committee printing page 6, lines 57 through 59), strike proposed Subdivision(1) of that subsection and substitute "(1) a board investigative report ormemorandum;".



Floor Amendment No. 15A

Amend CSSB 104 as follows:(1)iiIn the recital to SECTION 20 (committee printing page 5, lines 34 and 35),

strike "(e) and (f)" and substitute "(e), (f), and (g)".(2)iiIn SECTION 20, Subdivision (6), Subsection (c), Section 164.003,

Occupations Code (committee printing page 6, line 2), strike ",".(3)iiIn SECTION 20, Subdivision (6), Subsection (c), Section 164.003,

Occupations Code (committee printing page 6), strike lines 3-5 and substitute "andany reports of an expert physician panel used by the board to establish the existence ofthe alleged violation.".

(4)iiIn SECTION 20, immediately following added Subsection (e), Section164.003, Occupations Code (committee printing page 6, between lines 17 and 18),add the following:

(f)iiAny information obtained or compiled by the board under this section that issubject to the confidentiality protections of Section 161.032, Health and Safety Code,or Section 160.007 of this code is confidential and may not be disclosed by the board.


(5)iiIn SECTION 20, Subsection (f), Section 164.003, Occupations Code(committee printing page 6, line 18), strike "(f)" and substitute "(g)".

(6)iiIn the recital to SECTION 22 (committee printing page 6, line 31), strike"Subsection (c)" and substitute "Subsections (c) and (d)".

(7)iiIn SECTION 22, immediately following added Subsection (c), Section164.004, Occupations Code (committee printing page 6, between lines 63 and 64),add the following:

(d)iiAny information obtained or compiled by the board under this section that issubject to the confidentiality protections of Section 161.032, Health and Safety Code,or Section 160.007 of this code is confidential and may not be disclosed by the board.


Senator Lindsay again offered the following amendment to the bill:


Amend CSSB 104 by adding the following new SECTION, appropriatelynumbered, and renumbering the subsequent SECTIONS of the bill accordingly:

SECTIONi___.iiSubsection (b), Section 154.006, Occupations Code, is amendedto read as follows:

(b)iiA profile must contain the following information on each physician:(1)iithe name of each medical school attended and the dates of:

(A)iigraduation; or(B)iiFifth Pathway designation and completion of the Fifth Pathway






(6)iithe physician ’s primary practice location;(7)iithe type of language translating services, including translating services


(8)iiwhether the physician participates in the Medicaid program;(9)iia description of any conviction for a felony, a Class A or Class B

misdemeanor, or a Class C misdemeanor involving moral turpitude during the 10-yearperiod preceding the date of the profile;

(10)iia description of any charges reported to the board during the 10-yearperiod preceding the date of the profile to which the physician has pleaded no contest,for which the physician is the subject of deferred adjudication or pretrial diversion, orin which sufficient facts of guilt were found and the matter was continued by a court;


(11)iia description of any disciplinary action against the physician by the

board during the 10-year period preceding the date of the profile;

(12)iia description of any disciplinary action against the physician by a

medical licensing board of another state during the 10-year period preceding the date

of the profile;

(13)iia description of the final resolution taken by the board on medical

malpractice claims or complaints required to be opened by the board under Section

164.201;

(14)iiwhether the physician ’s patient service areas are accessible to disabled

persons, as defined by federal law; [and]

(15)iia description of any formal complaint against the physician initiated

and filed under Section 164.005 and the status of the complaint; and

(16)iia description of any medical malpractice claim against the physician,

not including a description of any offers by the physician to settle the claim, for which

the physician was found liable, a jury awarded monetary damages to the claimant, and

any such award was determined to be final, and not subject to further appeal.




Amend CSSB 104 by adding a new SECTION ____ to the bill to read as

follows:

SECTION ____. Section 164.005(a), Occupations Code, is amended by

amending Subsection (a) and adding new Subsections (i) and (ii) as follows:

(a) In this section, "formal complaint" means a written statement made by a

credible person under oath that is filed and presented by a board representative

charging a person with having committed an act that, if proven, could affect the legal

rights or privileges of a license holder or other person under the board ’s jurisdiction.An investigation shall be initiated by a board representative:

1) upon receipt by the board of three expert reports filed pursuant to Art.

4590i, Sec. 13.01 detailing acts or failures to act falling below an acceptable standard

of care; or

2) if a majority of panel members in Section 154.056(a)(6) find that an act

or omission by a physician fell below an acceptable standard of care.


Senator Carona offered the following amendment to the bill:



In Subsection (c), Section 164.060, Occupations Code (page 9, line 9-50), strike

the word "authority" and replace with "and regulatory authorities".





Amend CSSB 104 by adding a new SECTIONi___iito the bill to read as follows:SECTIONi___.iiSection 164.201, Occupations Code to read as follows:Sec. 164.201.iReview by Board if Three or More Malpractice Claims

The board shall review information relating to a physician against whom three ormore malpractice claims have been reported under Subchapter B, Chapter 154, withina five year period in the same manner as if a complaint against the physician had beenmade to the board under Section 154.051. The board shall review the medicalcompetency of a physician against whom three or more Art. 4590i, Sec. 13.01 expertreports have been filed in three separate lawsuits, within a five year period in the samemanner as if the complaint against the physician had been made to the board underSection 154.051.


Senator West offered the following amendment to the bill:


Amend CSSB 104 as follows:(1)iiStrike SECTION 27 of the bill (committee printing page 8, lines 33-51) and

renumber the subsequent SECTIONS of the bill accordingly.(2)iiIn SECTION 30 of the bill, strike Subsection (d) (committee printing pagei9,

lines 63-69).


RECORD OF VOTE

Senator Ogden asked to be recorded as voting "Nay" on the adoption of FloorAmendment No.i19.

On motion of Senator Nelson and by unanimous consent, the caption wasamended to conform to the body of the bill as amended.

CSSB 104 as amended was passed to engrossment by a viva voce vote.

COMMITTEEiiSUBSTITUTE

SENATE BILL 104 ON THIRD READING

Senator Nelson moved that Senate Rule 7.18 and the Constitutional Rulerequiring bills to be read on three several days be suspended and that CSSBi104 beplaced on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi28, Naysi3.

Yeas:iiArmbrister, Averitt, Barrientos, Bivins, Brimer, Carona, Deuell, Duncan,Ellis, Estes, Fraser, Gallegos, Harris, Hinojosa, Jackson, Lindsay, Lucio, Madla,Nelson, Ogden, Shapiro, Shapleigh, Staples, Van de Putte, West, Whitmire, Williams,Zaffirini.

Nays:iiJanek, Ratliff, Wentworth.


The bill was read third time and was passed by the following vote:iiYeasi31,Naysi0.

MESSAGE FROM THE HOUSE

HOUSE CHAMBERAustin, TexasMarch 10, 2003

The Honorable President of the SenateSenate ChamberAustin, Texas

Mr. President:

I am directed by the House to inform the Senate that the House has taken thefollowing action:

THE HOUSE HAS PASSED THE FOLLOWING MEASURES:

HCR 80, Honoring Martelia Garnet Reaves of El Paso on the occasion of her 100thbirthday.

Respectfully,

/s/Robert Haney, Chief ClerkHouse of Representatives

RESOLUTIONS SIGNED

The President announced the signing of the following enrolled resolutions in thepresence of the Senate:

HCRi12, HCRi60, HCRi61, HCRi67, HCRi76, HCRi77, HCRi78, HCRi98.

MOTION TO ADJOURN

On motion of Senator Whitmire and by unanimous consent, the Senate at3:54ip.m. agreed to adjourn, upon completion of the introduction of bills andresolutions on first reading, until 11:00ia.m. tomorrow.

(Senator Wentworth in Chair)

SENATE BILLS AND RESOLUTIONS ON FIRST READING

The following bills and resolutions were introduced, read first time, and referredto the committees indicated:

SB 277 by EllisRelating to the continuation and functions of the Texas Board of ProfessionalEngineers and to the regulation of the practice of engineering.To Committee on Government Organization.

SB 278 by ShapleighRelating to the continuation and functions of the Texas Funeral Service Commission,including certain functions transferred to the commission from the Texas Departmentof Health.To Committee on Government Organization.


SB 511 by Nelson

Relating to the adoption of a state scenic byways program.

To Committee on Intergovernmental Relations.

SB 512 by Nelson

Relating to billboards along highways; imposing a civil penalty.


SB 796 by Shapleigh

Relating to the disclosure of a customer ’s personal information by a financial

institution.

To Committee on State Affairs.

SB 797 by Ellis

Relating to a prescription drug purchasing program and an associated assistance

program.

To Committee on Health and Human Services.

SB 798 by Brimer

Relating to the imposition of a surcharge for use of a credit card.

To Committee on Business and Commerce.

SB 799 by Jackson

Relating to the environmental regulation and remediation of certain dry cleaning

facilities; providing penalties.

To Committee on Natural Resources.

SB 800 by Madla, Van de Putte, Wentworth, Zaffirini

Relating to the establishment of Texas A&M University–San Antonio.

To Committee on Education.

SB 801 by Madla

Relating to the powers and duties of peace officers commissioned by certain hospital

districts.

To Committee on Criminal Justice.

SB 802 by Janek

Relating to the use of alternate grand jurors.

To Committee on Jurisprudence.

SB 803 by Janek

Relating to the advertisement and promotion of certain compounded drug products by

a pharmacy or pharmacist.


SB 804 by Zaffirini

Relating to accommodations and work assignments for certain pregnant Department

of Public Safety officers.



SB 805 by ZaffiriniRelating to donation of certain surplus school district property to preserve theproperty.To Committee on Education.

SB 806 by ZaffiriniRelating to abolishing the electronic imaging program of the Texas Department ofHuman Services.To Committee on Health and Human Services.

SB 807 by JanekRelating to involuntary medical separation from employment of firefighters in certaincities.To Committee on Intergovernmental Relations.

SB 808 by JanekRelating to certain diseases, illnesses, and exposures suffered by certain public safetyemployees.To Committee on Health and Human Services.

SB 809 by HarrisRelating to the application of the public information law to information pertaining tothe security or vulnerability of the infrastructure, buildings, or operations of an airport.To Committee on Infrastructure Development and Security.

SB 810 by HarrisRelating to the regulation of social workers; providing a criminal penalty.To Committee on Health and Human Services.

SB 811 by ShapleighRelating to the regulation of outdoor burning of domestic waste.To Committee on Natural Resources.

SB 812 by AverittRelating to the administration, operation, and regulation of credit unions.To Committee on Business and Commerce.

SB 813 by AverittRelating to the recovery of certain payments for benefits under a personal automobileinsurance policy.To Committee on Business and Commerce.

SB 814 by AverittRelating to an exemption for certain military personnel and veterans from therequirements of the Texas Academic Skills Program.To Committee on Veteran Affairs and Military Installations.

SB 815 by Van de PutteRelating to the development of essential knowledge and skills for subjects in theenrichment curriculum.To Committee on Education.


SB 816 by Van de PutteRelating to the payment of retirement benefits to certain retirees of the Teacher

Retirement System of Texas who are employed as faculty members at a college ofeducation.To Committee on Education.

SB 817 by Fraser

Relating to participation by certain county officers, employees, and retired officersand employees and their dependents in the state employees group benefits program.To Committee on State Affairs.

SB 818 by Fraser

Relating to the regulation of certain occupations by the Texas Real EstateCommission.To Committee on Business and Commerce.

SB 819 by Fraser

Relating to the right of an insurance carrier to contest the compensability of an injuryin a workers ’compensation case; providing an administrative violation.To Committee on State Affairs.

SB 820 by FraserRelating to the assignment of impairment ratings to injured employees.


SB 821 by FraserRelating to certain bonds issued by the Comanche County Consolidated HospitalDistrict.


SB 822 by FraserRelating to the validation of the creation and certain actions and proceedings of theMiddle Trinity Groundwater Conservation District and to related conforming changes

to the district ’s enabling act.To Committee on Natural Resources.

SB 823 by FraserRelating to administration of the sales and use tax and compliance with the

Streamlined Sales and Use Tax Agreement.To Committee on Finance.

SB 824 by Bivins, DuncanRelating to the disposal of low-level radioactive waste.


SB 825 by Whitmire

Relating to amending Section 22.011, Penal Code, to make it a criminal offense forcertain persons employed by long-term care facilities to have nonconsensual sex with

persons residing in those facilities; providing criminal penalties.To Committee on Criminal Justice.


SB 826 by WhitmireRelating to amending chapter 49, Code of Criminal Procedure, to require timelyprovision of notice and a report to the attorney general regarding the death of anyperson residing in an institution and to amending chapter 38, Penal Code, to make it acriminal offense to fail to timely provide such notice and a report; providing acriminal penalty.To Committee on Criminal Justice.

SB 827 by WhitmireRelating to amending Section 22.041, Penal Code, to make it a criminal offense toabandon or endanger an elderly individual or a disabled individual and to make it acriminal offense to fail to provide adequate food, medical care, or shelter to a child,elderly individual, or disabled individual; providing a criminal penalty.To Committee on Criminal Justice.

SB 828 by WhitmireRelating to the compensation of district judges in counties with populations of 3.3million or more.To Committee on Jurisprudence.

SB 829 by WhitmireRelating to local option elections for the sale of alcoholic beverages.To Committee on Business and Commerce.

SB 830 by DeuellRelating to the ineligibility of a delinquent child support obligor to receivestate-funded or state-administered student financial assistance.To Committee on Jurisprudence.

SB 831 by LucioRelating to the borrowing of money by the Texas Department of Transportation.To Committee on Infrastructure Development and Security.

SB 832 by StaplesRelating to the period for the redemption of a mineral interest sold for unpaid advalorem taxes at a tax sale.To Committee on Finance.

SB 833 by WilliamsRelating to including alumni associations and related on-campus organizations in theCharitable Immunity and Liability Act.To Committee on State Affairs.

SB 834 by WilliamsRelating to the administration of public retirement systems for police officers incertain municipalities.To Committee on State Affairs.

SB 835 by WilliamsRelating to regulation of abortion; creating an offense.To Committee on State Affairs.


SB 836 by Williams

Relating to the eligibility for community supervision for a person who has been

previously committed to the Texas Youth Commission.


SB 837 by Williams

Relating to the offense of aggravated sexual assault against a disabled individual.


SB 838 by Armbrister

Relating to the duties of the district attorney and the county attorney in Wharton

County.


SB 839 by Duncan

Relating to gas transportation service for a state agency.


SB 840 by Whitmire

Relating to authority of certain peace officers to make arrests outside their

jurisdictions.


SB 841 by Whitmire

Relating to the regulation of certain extra job coordinators by the Texas Commission

on Private Security.


SB 842 by Carona

Relating to issuance of certain licenses by the Texas Board of Chiropractic Examiners.


SB 843 by Barrientos

Relating to the prosecution and punishment of the offense of making a false report to

a peace officer or law enforcement employee.



Relating to collective bargaining by employees of local governments.



Relating to a comprehensive analysis of certain legislation addressing public school

dropouts.



Relating to annual reports of the efficiency of officers commissioned by the

Department of Public Safety.



SB 847 by BarrientosRelating to certain state agencies maintaining automated external defibrillators on thepremises.To Committee on State Affairs.

SB 848 by BarrientosRelating to the benefits provided to certain firefighters and peace officers or theireligible survivors as a result of a disability or death from certain causes.To Committee on Intergovernmental Relations.

SB 849 by BrimerRelating to authorizing the Texas Animal Health Commission to charge inspectionfees.To Subcommittee on Agriculture.

SB 850 by LindsayRelating to allowing local governments and school districts to prohibit contracts withdelinquent taxpayers.To Committee on Intergovernmental Relations.

SB 851 by LucioRelating to collecting and reporting information concerning certain Class Cmisdemeanors involving family violence.To Committee on Criminal Justice.

SB 852 by LucioRelating to regulation of interior designers; providing penalties.To Committee on Business and Commerce.

SB 853 by MadlaRelating to the disclosure of certain information by persons offering to aidhomeowners in obtaining property tax refunds.To Committee on Jurisprudence.

SB 854 by MadlaRelating to the sale, distribution, or importation of noxious plants; providing acriminal penalty.To Committee on Natural Resources.

SB 855 by MadlaRelating to funding of the Texas Wine Marketing Assistance Program.To Committee on Finance.

SB 856 by MadlaRelating to an exemption for small community water systems from public drinkingwater standards for certain naturally occurring materials.To Committee on Intergovernmental Relations.

SB 857 by MadlaRelating to certain therapeutic optometrists ’participation in a managed care plan.To Committee on State Affairs.


SB 858 by MadlaRelating to creating the rural physician relief program.


SB 859 by Madla

Relating to the reporting of medical errors by certain hospitals, ambulatory surgicalcenters, and mental hospitals.


SB 860 by Wentworth

Relating to county maintenance of drainage ditches along public roads in certaincounties.


SB 861 by Janek

Relating to access to birth records under the public information law.To Committee on State Affairs.

SB 862 by WhitmireRelating to the operation of public schools on Memorial Day.


SB 863 by Whitmire

Relating to security costs required of a person who contests certain alcoholic beveragelicense applications.

To Committee on Business and Commerce.

SB 864 by Van de Putte

Relating to the promotion of breast-feeding.To Committee on Health and Human Services.

SB 865 by Van de PutteRelating to pricing standards used under the Medicaid vendor drug program.


SB 866 by LindsayRelating to an interim planning commission for the Medicaid and State Child HealthPlan programs.


SCR 19 by BarrientosRequesting that the lieutenant governor and the speaker of the house create an interimcommittee to conduct a study on the compensation and benefits paid to persons

employed by the state as peace officers.To Committee on Administration.

SJR 34 by LucioProposing a constitutional amendment providing for authorization of the borrowing of

money on a short-term basis by a state transportation agency for transportation-relatedprojects.To Committee on Finance.


RESOLUTIONS OF RECOGNITION

The following resolutions were adopted by the Senate:

Memorial Resolution

SR 323 by Barrientos, In memory of Robert Christopher Guerra of Austin.

Congratulatory Resolutions

SR 322 by VanideiPutte, Commending the National Hispanic Caucus of StateLegislators for its leadership in the field of health care.

SR 324 by West, Commending Bishop Gilbert E. Patterson of Memphis, Tennessee,for his leadership.

SR 325 by Lindsay, Commending Paul Ersan for his participation as an EmpoweringTeen Leader in Government in Action.

SR 326 by Lindsay, Commending Penny Garza for her commitment to civicparticipation.

SR 327 by Wentworth, Congratulating Betty Hope and Leo Stroman of Wimberley ontheir 50th wedding anniversary.

SR 328 by Ellis, Commending the College of Optometry at the University of Houstonfor its contributions to its community and state.

SR 329 by Ellis, Commending Bethel Baptist Church in Houston for its service to itscommunity.

SR 330 by Ellis, Commending Kimberly Walker-White for her contributions to theCity of Prairie View.

SR 331 by Ellis, Congratulating Saint Agnes Church in Houston on its 36thanniversary.

SR 334 by Gallegos, Commending Sonceria "Sonny" Messiah-Jiles for her work asthe owner of the Houston Defender.

SR 335 by Gallegos, Commending the Fifth Ward Enrichment Program for providingpositive experiences for young Texans.

SR 336 by Gallegos, Commending Sylvia Bolling for her selection as an honoree ofthe Metropolitan Transit Authority of Harris County.

SR 339 by Barrientos, Commending Hungary ’s Ambassador to the United States,Andras Simonyi, for his accomplishments.

ADJOURNMENT

Pursuant to a previously adopted motion, the Senate at 4:10ip.m. adjourned, inmemory of Hilbert H. Kopplin of Live Oak County, until 11:00ia.m. tomorow.


AAAPPENDIXAA

COMMITTEE REPORTS

The following committee reports were received by the Secretary of the Senate inthe order listed:

March 10, 2003

NATURAL RESOURCESi—iCSSBi442

CRIMINAL JUSTICEi—iSBi140, SBi146, SBi317, CSSBi443, CSSBi519

INTERNATIONAL RELATIONS AND TRADEi—iSBi353, CSSBi535

JURISPRUDENCEi—iSBi105, SBi354, SBi520, SBi504 (Amended)

INFRASTRUCTURE DEVELOPMENTAND SECURITYi—iSBi660, SBi439

SENT TO GOVERNOR

March 10, 2003

SCRi18


In Memory

of

Hilbert H. Kopplin

Senate Resolution 202

WHEREAS, The Senate of the State of Texas joins the citizens of ThreeRivers and throughout Live Oak County in mourning the loss of Hilbert H.Kopplin, who died April 20, 2002, at the age of 74; and

WHEREAS, A lifelong resident of Live Oak County, Hilbert Kopplinserved his fellow citizens as Live Oak County Commissioner for Precinct 2for 31 years; he was noted for his dedication to his work and for his love ofthe public he so ably served; and

WHEREAS, Respected for his many accomplishments and hisleadership in the community, he was a trustee with the Three RiversIndependent School District Board and served as a director of the Cen-TexCo-op and the Farmers Co-op; and

WHEREAS, Mr. Kopplin was a lifelong farmer and rancher, and hereceived numerous accolades for his exemplary work in agriculture; he wasvoted Outstanding Conservation Farmer by the Live Oak Soil and WaterConservation District; and

WHEREAS, A devout Christian, Hilbert Kopplin was a member of OurSavior Lutheran Church, where he was a Sunday school teacher; and

WHEREAS, A man of exceptional integrity, strength, compassion, andgenerosity, Hilbert gave unselfishly of his time to others, and his wisdom,warmth, and valued counsel will not be forgotten by those who knew him;and

WHEREAS, Hilbert Kopplin was a devoted husband, father, andgrandfather, and he leaves behind memories that will be treasured forever byhis family and many friends; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 78th Legislature,hereby extend sincere condolences to the bereaved family of Hilbert H.Kopplin: his wife, Barbara Wolff Kopplin; his sons, Rocky, Randy, andWarren Kopplin; his daughters, Donna Mills, Cheryl Liska, Audrey Kopplin,Nancy Lee, Crystal Desselle, and Tracy Favor; his 12 grandchildren and twogreat-grandchildren; and his sisters, Aliska Swenson and Anna MaeNesloney; and, be it further

RESOLVED, That a copy of this Resolution be prepared for themembers of his family as an expression of deepest sympathy from the TexasSenate, and that when the Senate adjourns this day, it do so in memory ofHilbert H. Kopplin.

ZAFFIRINI


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