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134 - Regular Meeting April 28, 1997 Page 6 stated the Ordinance change does not take care of this problem. Mr. Taylor stated this Ordinance has been strict about the percentage of meetings missed during a year and it was explained to the Council then. Mr. Taylor stated there is another provision which deals with three absences in a row and those only count against you if the absences are voluntary and not if they are excused. Mr. Taylor stated the percentage of meetings missed during a year is very strict whether the absences are voluntary or excused and they all count against that percentage. Mr. Taylor stated the percentage of meetings missed in a year was intended to be strict. Ms. Hughson stated her point is whether it is an excused or unexcused absence if they are not there, they are not serving. Ms. Hughson stated they may need to change the 20% but part of the deal, was to take the load off the chair of the board or commission from having to decide excused or unexcused when "excuse" to some chairs was they remembered to call in before the meeting. Ms. Hughson stated regardless of them not being there they are not serving and that is the bottom line. Mr. Hart stated he shared Ms. Hughson's concern of trying to conduct business when members don't attend. Mr. Hart suggested trying the Ordinance for awhile. On roll call the Ordinance passed unanimously on second reading. Mayor Pro-Tem Hernandez introduced for consideration approval of an Ordinance on second reading, the caption which was read as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, CREATING A BIRD SANCTUARY, REGULATING CONDUCT IN CITY PARKS, BROADENING PARK RANGER AUTHORITY, AND DELEGATING AUTHORITY TO SET CERTAIN PARK USE FEES TO THE CITY MANAGER OR PARKS AND RECREATION DIRECTOR, BY AMENDING CHAPTER 58 - PUBLIC FACILITIES, PARKS AND RECREATION, SECTIONS 58.026, 58.030, 58.032, 58.036 AND ADDING SECTIONS 58.037,58.038,58.039,58.040,58.041,58.042 AND 58.070; INCLUDING PROCEDURAL PROVISIONS; AND PROVIDING FOR PENAL TIES. Mr. Mihalkanin moved approval of the Ordinance on second reading and Mr. Hart seconded the motion. Ms. Hughson moved to amend Sec. 58.030(a)(3) to delete the clause which states "and be reckless about whether another may be present who will be offended or alarmed by the act" and in 58.038(b) last line to strike out the word "department" and insert the word "city". Mr. Hart seconded the motion. Mr. Hart asked what the difference was between intentionally and knowingly appearing nude as opposed to unintentionally and unknowingly. Mr. Hart stated what came to mind was one who might be under the influence and very well be out there unintentionally in the nude and for that matter unknowingly. Mr. Taylor stated the reason the two terms intentionally and knowingly appear in the Ordinance is they are "terms of art" in criminal law in Texas and they are two of the four culpable mental states or blamable mental states that people can have when they commit acts which amount to crimes. Mr. Taylor stated by including those two terms they are limiting it so that instead of the four mental states, intentionally, knowingly, recklessly or with criminal negligence, only intentionally or knowingly appearing nude would be an offense. Mr. Taylor stated alcohol intoxication is not a defense in Texas to any criminal activity and it can be used to litigate the punishment but it can't be used in determining whether someone had or lacked a culpable mental state. Mr. Guerra stated he thought they had removed Sec. 58.039. Mr. Taylor stated changes were made to take out the use of the term styrofoam. On roll call the motion for Ms. Hughson's amendment ¡ passed unanimously. Mr. Hart moved to delete Section 58.039 and Mr. Guerra seconded ! the motion. On roll call the following vote was recorded on Mr. Hart's amendment: ¡ -_. AYE: Hughson, Hart, Hernandez, Guerra, NAY: Cox, Mihalkanin Motion passed. Ms. Hughson stated since the last meeting she had requested and received