David Dewhurst: The Senate will come to order and the secretary will call the role.
The Secretary: Birdwell. Carona. Davis. Deuell. Duncan. Ellis. Eltife. Estes. Fraser. Gallegos. Harris. Hegar. Hinojosa. Huffman. Jackson. Lucio. Nelson. Nichols. Ogden. Patrick. Rodriguez. Seliger. Sharipo. Uresti. Van. De. Putte. Watson. Wentworth. West. Whitmire. Williams. Zaffirini.
David Dewhurst: Thank you, Madam Secretary. Members of the quorum, would all please rise and those in the gallery please rise, for the invocation this morning to be delivered by the Rev. John Newton, the IV, the university missioner of the Episcopal Student Center at the University of Texas here in Austin.
Rev. John Newton, IV: Let us pray. David Dewhurst: Amen. Thank you, Rev. Newton, thank you for being here. Please be seated in the gallery, ladies and gentlemen. Thank you. Members, the chair will now hear excuses for absent members. Senator Whitmire moves on to excuse Senator Ellis on matters of important business. Senator Whitmire moves to excuse Hegar on account of being sick. He's got the flu. Be careful. Is there any objection? The chair hears none. So ordered. Senator Whitmire moves to dispense with the reading of yesterday's journal. Is there any objection? I doubt you want to here my speech a second time so that's all right. The Chair hears's none. So ordered. Before I call on Senator Watson to introduce the doctor for the day, if I may just for a moment, I have a number of special guests here today that, if I can, just for a split second. From the left is the my brother Gene Dewhurst and my lovely sister-in-law Linda Dewhurst. One of my partners, that's Marty Young and his wife Marian. And then my Nephew, this is Chris Dewhurst and to his left is little Naomi Dewhurst. And then we have Justin and Mary Sophia another, I guess, grand niece. Gosh, it hurts to say. And then my brother Don and Mr. and Mrs. Beck who work with us and partners with us. Thank you for being with us today. Thank you, members, very kind. The chair recognizes Senator Watson to introduce to doctor for the day.
Senator Watson: Thank you very much, Mr. President. Members, I am please to introduce one of my constituents Dr. John Kirk Frederick, who's here with us today. Dr. Frederick received his bachelor of science from Lamar University in Beaumont. He received his M.D. from Southwestern Medical School in Dallas and did his residency training up in Fort Worth at John Peter Smith Hospital. He did his residency in family practice. He is board certified by the American Board of Family Practice. He has served as chair of the family practice section at Seton Medical Center here in Austin and as chief of the department of family practice at Austin Regional Clinic Currently, he has a private practice at the South Austin Family Practice Clinic, and he serves on the primary review panel for family medicine for the Texas medical board. Doctor, we're very pleased your with us today. Members, will you help me to welcome the doctor for the day, John Kirk Frederick.
David Dewhurst: Thank you, Senator Watson. Members, the president signs in the presence of the Senate the following two resolutions.
The Secretary: House concurrent resolution No.26 and Senate Concurrent Resolution No. 3. David Dewhurst: Thank you, Madam Secretary. The chair recognizes Senator Zaffirini for an introduction.
Senator Zaffirini: Thank you, Mr. President. Mr. President and members, it is the my pleasure to introduce to you two student in my district who are Senate Pages today. Darnin Skinner and Samantha Garret who are behind me today. They are each 16 years old and attend Angleside High School in Angeside, Texas. Please, welcome them to the Texas Senate.
David Dewhurst: Thank you, Senator Zaffirini. Mr. Doorkeeper.
Mr. Doorkeeper: Mr. President, there is a message from the House.
David Dewhurst: Mr. President, I am directed from the Houston to inform the Senate the House has taken following actions. The House has passed the following measures: C.R. 6 Whitmire, granting the legislator to adjourn for more than three days during the period beginning Thursday, January 13th, 2011 and ending on Tuesday, January 18th 2001. Respectfully, Robert Haney, Chief Clerk.
David Dewhurst: Thank you. The members we have a memorial resolution. The Chair recognizes Senator West to explain the resolution. The Chair lays out the following resolution, S.C.R. 35 by Senator West.
The Secretary: Senate Resolution 35. As the Senate of the state of Texas joins the nation in mourning six people tradegically killed on January 8, 2011 when a gunmen unleashed a hail of bullets during a communality event held by United States representative Gabrielle Giffords in Tucson, Arizona. And for as the member of the Texas Senate would like to recognize and honor those victims and those who were wounded in the shooting and express profound sympathy to their friends and family as well as pay tribute to those who helped to put an end to the incident through their heroism. And where as the youngest victim, Christina Taylor Green was only 9 years old and attending the rally because of her budding interest in politics. And whereas Dory Stoddard was a retired construction worker and was trying to shield his wife when he was shot and as the result of his selfless act, Mrs. Stoddard survived. And whereas Dorothy Morris was retired secretary and her son spoke of her upbeat and helpful nature. She is survived by her husband, George, who was also shot during the incident. And whereas Gabe Zimmerman was the constituent services representative for Congresswoman Giffords and was known for the tremendous compassion and understanding he demonstrated for others. And whereas Judge John Old was nominated by President George H. W. Bush to the federal bench in 1991, and was elevated to the position of chief judge in 2006. He is survived by his wife, three sons, and five grandchildren. And whereas is Phyllis Schneck is survived three children, seven grandchildren and a great granddaughter. Her daughter spoke of how she loved to laugh and talk with people. And whereas President Obama is asking the American people to come together as a nation and keep the victims and their families in their thoughts and prayers. And whereas the members of the Texas Senate are also deeply concerned for those wounded in the shooting, including Congresswoman Gifford, and wish them all a swift recovery. And whereas in the wake of this great tragedy, number of heroes are deserving of special recognition for their courage and determination. Patricia Mash was able to wrestle another gun clip away from the shooter after he had been tackled by Roger Stalsberger and Bill Debadger. (phonetic) Joseph Olivia also helped pin down the assailant, and Daniel Hernandez Jr. stayed with congresswoman Gifford after was shot and kept her conscious and talking. And whereas this terrible event has stunned our nation, and our hearts go out to those who were injured and to loved ones of those who were killed. Now, therefore be it resolved that the Senate of the 82nd Legislator hereby pay tribute to all of the victims of the tragic Arizona shooting and honor those brave individuals who stepped forward to help their fellow American and be it further resolved that an official copy of this resolution be prepared for the victims and their families and when the Texas Senate adjourns this day it do so in memory of Christina Tayor Green, Dorothy Morris, Chief Judge John Roll, Phyllis Schneck, Dory Stoddard and Gabe Zimmerman. By West, et al.
David Dewhurst: Thank you, Madam Secretary. The chair recognizes Senator West to explain the resolution.
Senator West: Thank you very much, Mr. President and members. I think the resolution speaks for itself but I do want to offer some personal observations. All of us, of course, mourn all of the victims as do all Americans. But for those of us without a personal connection to any of the individuals who lost their lives or were wounded, well, if you're like me you thoughts might be returning to that nine year-old little girl, Christina Taylor Green. So excited about the future. Interested in public service even at such a young age. What would she has accomplished? What joys would she have found if her life had not been snuffed out with such an innocent -- at such an early age.
Some of you have heard the Presidents remarks in Tucson the other day. And I would like to share just a brief excerpt of his speech, because it really hits home to me and hopefully to you as we go into this particular legislator with all of the difficult issues that's we have to tackle. "Imagine, here was a young girl who was just becoming aware of our democracy, just beginning to understand the obligations of citizenship, just starting to glimpse at the facts that someday she, too, may play a part in shaping her nations future. She had been elected to her student council. She saw public service as something exciting, something hopeful. She was off to meet our congresswoman, someone she was sure was good and important and might be a role model to her. She saw all of us through the eyes of a child, undimmed by cynicism or the victory of all that we adults often, or too often, just kind of take for granted.
I want us to live up to her expectations. I want our democracy to be as good as she imagined that it could it and is. All of us, we should do everything we can to make sure that this country lives up to our children's expectations." Members, all of us know that in America that there is a public debate that sometimes has been bordering on just frankly intolerable. And there are a lot of people who have strong opinions about different issues. And I'm hoping that as we start this legislative session, that cynicism that we see in America that we do not allow that cynicism in the tone of the debate that we've seen in other deliberative bodies impact what we do here in the State Senate of Texas. We have a tradition in this body, and we need to work together, take off our blue jerseys and red jerseys and work together to make certain that we do the business of the State of Texas.
Mr. President and members, there are undoubtedly some young people who feel like Christina did all over Texas. Some of them might even be our children, might be our grandchildren; but needless to say we want to make sure that there's a Texas that we deliver to them and they, too, have the ability to serve in such a deliberate body. I want to assure you to be a very intense legislative session. I hope that all of us remember that we are here to serve the interest of the State of Texas. And that's the interest not of a political party but of the people of the State of Texas. Mr. President, I move adoption of the resolution.
David Dewhurst: Thank you, Senator West. Senator Lucio, do you wish to speak? The Chair Recognizes Senator Lucio to speak on the resolution.
Senator Lucio: Senator West, I commend you for bringing this resolution to us today at the start of our session to reflect on who we are as a country and where we should be going. As we look back in history, war has always brings the country together. Incidents such as 9/11, of course, the Arizona shooting is incidents that have we really don't want to see happen. I saw this on TV and I was completely, you know, floored. I couldn't believe what was happening in our country. And I was -- I had to kind of think about it a little bit. Why have we come to this point where we don't value human life and we take it so far as to strike down our fellow human beings, fellow man?
The Internet, I've said this before, has really allowed us to come together as a world. But it's also is used to place horrible emails, I call hate. Hate mails that has established a culture of hate in our society. And I would hope that when we get these hate e-mails, we would erase them immediately or respond to those who sent them that this is not a way to communicate, because it can only lead to incidents such as the Arizona shooting. We don't know what was in the mind of this young man, only that he was troubled and there must have been some kind of hatred establish in him to be part of such an act.
But I think makes us aware and brings us together as Americans to think about were we should go for from here and whether or not we would respect one another's feelings because it happened. It's happened because race. It's happened because of religion. It's happened for many different reasons and it shouldn't. I thought about my father right away because he said, "Son," and he told all ten of us, "you're Americans first, and then I want you to be proud of your culture. Be proud of who you are, where you came from but you're Americans first and you should respect one another, work with one another, be understanding and caring and you could love one another." And the I think that that's the lesson learned here today.
I have been praying, and I know the whole country has been praying for the victims, for the families; and I hope that this resolution, you know, will send a strong message that Texans of all walks of life detest what has happened. That we will continue to do what's right for one another and the for all of our country. At this time, Mr. President, I would like to move to add all members names to this resolution. Thank you.
Senator West: Mr. President and members, I'm assuming we will have unanimity on this particular vote, but what I do plan on doing is making certain that a copy of this resolution is sent to all of the families of the victims of this tragedy. I move adoption.
David Dewhurst: Thank you, Senator West. Would all members in favor of this resolution please rise? It was unanimous. The resolution is adopted. The chair recognizes Senator Lucio for a motion to include all the members of the Senate on the resolution.
Senator Lucio: I would like to move at this time, Mr. President and members that we would add all members name to this resolution.
David Dewhurst: Thank you, Senator Lucio. Is there any objection from anyone? The Chair hears no objection and the motion is adopted. The chair leaves out the following resolution. The secretary will read the resolution S.R. 36 by Senator Eltife.
The Secretary: Senator resolution 36, adopting rules of 82nd legislator by Senator Eltife.
David Dewhurst: The Chair recognizes Senator Eltife to explain the resolution.
Senator Eltife: Thank you, Mr. President. Members, Senate Resolution 36 proposes that we adopt last session's rules as permanent rules with a few modifications. The first change is a clarification requested by the parliamentarian dealing with bills that are filed for introduction in the first 60 days. Senate practice is to require four-fifths vote of the member to permit the introduction of bills filed after the first 60 days. Bills filed during the first 60 days, though referred later, are considered to meet the Senate deadline for introduced bills; however this practice potentially conflicts with another provision in the Senate rules defining introduction as occurring at the point of first reading in reference to committee. The definition exists to allow local bills requiring public notice under the Consecution and government code to be filed and held for introduction pending completion of the 30-day notice.
The proposed change to Senate Rule 7, clarifies the limits on introduction so that bills filed in the first 60 days can be later introduced and referred while keeping the definition of introduction in tact for local bill purposes. The second amendment to last session's rules adds to three special committees created and appointed by Lt. Governor to the standing committee list in Senate Rule 11.02. These committees considered a large number of bills last session and are being continued by Lt. Governor by this session. It will also expand economic development committee from five members to seven members. The last change is language suggested by Senator Ogden in consultation by Senator Watson to provide a 48-hour layout for the outside the bounds resolution on the general preparations bill. I would like to defer now to Senator Ogden for an explanation of how this change affects the budget process.
David Dewhurst: The Chair recognizes Senator Odgen to explain the change in the rules.
Senator Ogden: Member, the issue at the end of the session is always can we vote out the appropriations bill, and after the conferees have met, and the bill is frequently changed in conference committee to not reflect decisions that were voted on previously in either the House or the Senate; therefore requiring an out of bounds resolution. In our rules now, our rules are silent about how long that out-of-bounds resolution should layout. I think Senator Watson rightly pointed out that the potential for a lot of confusion and uncertainty about the out-of-bounds resolution if it just kind of shows up when the chairman is recognized the -- both the conference committee report. So after some significant thought and some parliamentary risk I think we ought to change our Senate rules so that the conference the out-of-bounds resolution for the appropriations bill lay out the same period of time and under the same rules as the conference committee report.
David Dewhurst: Senator Watson
Senator Watson: Thank you, Senator Ogden. Members, if there aren't any objections, I move adoption of S.R. 36. David Dewhurst: Senator Patrick, do you wish to speak on the resolution? You're recognized.
Senator Patrick: Thank you, Mr. President. Members, I will be supporting and voting for the rules, and I think the changes that have been suggested are good changes. But members I feel compelled to speak on a principle that I strongly believe in. And that is the two-third rule. Our democracy and our debate allows for a member, even if minority, to stand and speak. As John Adams did when he wanted to address the issue of slavery in the original constitution. And he was a lone voice. If I were to have my friends here, my founding fathers, and those of you who have been to my office know that I have a signature of every president in my office. And I look at the founding fathers and I look at those men and their great wisdom and how they designed a constitution that has stood these many years to be the framework for our great society.
Senator West, thank you for your resolution. We are a unique body. In the four years that I have come to serve with all of you and may not realize it, Members, but we have passed over 9,000 votes. There's very few instances that I can recall that any member having a strong disagreement on the floor with another member. We are a unique body. We are probably the smallest group of legislators representing the largest group of citizens in the world. And the 31 of us, because we all come to work together on committees, come to know each other. We get to know each other's families, we work together on the floor and we work together every day to try to help each other represent their districts. And so we do have great team work here on the floor.
That not withstanding, I strong believe that the two-thirds rule is inhibiting the majority to rule. And if my found fathers were with me today, I would have a few others to vote with me to change the rule -- I would like to see a simple majority for at least a compromise to three-fifths because our founding fathers actually considered making two-thirds of vote to pass the legislation in the constitution and they soundly rejected it. Both federalist and anti federalist spoke on this issue. Washington said, and I quote, "In it will fundamental principle of our constitution requires that the will of the majority prevail." Washington said, "If the minority are suffered to dictate to the majority, there can be no security for life liberty and prosperity."
They spoke that one-third should not have the majority rule over two-thirds who represent the will of the people, because that's how the became the majority. Our constitution protects the individual rights of the minority but not the minority to rule over the majority. James Madison also explained in federalist 58 why a two-thirds approval margin for normal laws have been rejected. He said in all for justice for the general good might require new laws to be passed or active measures to be pursued the fundamental principle of free government would be reversed. Washington said the majority rule was the fundamental under pinning of our constitution.
Even the United States Senate came to realize this. In 1975 Walter Mondale successfully lead a floor fight in the U.S. Senate to alter procedure with regards to a filibuster. They have a required a two-thirds rule to have a filibuster. We are all now familiar with the 60 vote or three-fifths that was led by democrats. In fact, quoting Ted Kennedy, he said, "By what logic can the Senate of 1917 rule today?" And I simply say that the two-thirds rule as I said four years ago when I first spoke on this rule was really a rule for one party, all democrats primarily, to decide how they bring a bill to the floor. It's really not a rule for two parties. I think the majority of the people of Texas have spoken, but also you have spoken.
I do not have the votes to change the rule. But I know I don't stand alone. I stand on the shoulders of your founding fathers, and I know some of you on this floor join me. Not that the we want to see the minority not have their say, not have their ability to bring bills to the floor, and work together because we do so well; but simply that the majority should not be blocked by one-third of our body. So respectfully, Members, I will keep fighting for this principle as long as I'm a Senator, because I believe in a principle that Washington and all our founding fathers believed in and that's majority rules. So with that I will be making a statement to put in the journal, not these remarks. It's too long. I will be bring a statement, if that acceptable, for a ruling. I will be voting for the rules. Thank you, Members.
David Dewhurst: Thank you, Senator Patrick.
Senator Whitmire: Mr. President.
David Dewhurst: Senator Whitmire.
Senator Whitmire: May I be recognized to speak?
David Dewhurst: I was going to come back to you in a second. Senator Carona is recognized to speak on the resolution.
Senator Carona: Thank you, Mr. President. Senator Patrick, I rise on this issue because I don't think you ought to stand there alone on it. There's a number of people in this body who today if there were to be a vote would be voting right there with you. And I stand somewhat in contrast to my position two years ago. I have heard from, I'd have to stay 150 maybe 200 constituents, and as we know in our district that's a lot on any subject when they come forward. And these are not people from one group, but they are people for a variety of different groups who feel very strongly about this two-thirds rule. I had no real idea or appreciation that the public cared as much about it as they do and I noticed it in the my district. Others of you, I suspect, have noticed it as well. And I just commend you for having the courage to stand up and speak on something that you believe in, and for that reason that I rise.
David Dewhurst: Thank you Senator Carona. The Chair recognizes Senator Lucio to speak on the resolution.
Senator Lucio: Thank you, Senator Patrick. Members, you know this rule was first used back in the first legislation back in 1846. It was Rule 21. Clarified and expanded upon in this second legislate 1847 Rule 67, quote, "The order of business is established by the rules of the Senate. Shall not be postponed or changed except by a vote of two-thirds of the members present." Why, Senator? Because Texans are conservative. I'm one of those. They don't fully trust government and want to make it hard to pass new legislation. They like Texas the way it is for the most part. When change is needed most Texas representative should want it. The two-thirds rule isn't that old and has been circumvented in the past. Something that I, again, I just alluded to the two-thirds rule dates back to the beginning of the Texas Legislator.
Technically, it is the block or build tradition dating back to 1949 that has been dropped overwhelmingly during special sessions, obviously, accommodating majority decision on a bill or a subject that's been done. A special session often means that all normal legislative processes have been exhausted. During a special session there are no minor or unwanted bills that's gum up the calendar. During the special session, the Governor effectively -- the calendar committee for both chambers. It is, in many ways, a last resort and an expensive one, too.
I -- let me talk very briefly on the two-thirds, when you mean -- writ law comes up, issues that you referred to, Senator -- Senator Patrick, you told the Texas Monthly in 2009 that the two-thirds Rule creates gridlock on many key issues that's never appear for people debate. What will we do when one day the Senate splits 17/14 or 16/15? Neither side will get the 21 on the tough issues. If that is the case, then why has the legislator been able pass legislation on tough issues since 1847? I think its been leadership from this and the people who run this chamber. Why has big legislation concerning civil rights, eminent domain, tution regulation, school finance and so on been passed successfully since the introduction of the blocker bill in 1949? Simply not only does the Texas Senate safeguard against what the founding father called tyranny of the majority, it also doesn't allow for tyranny of the minority. That is because the Governor can always call a special session. When that happens, the Governor, not the Lt. Governor, and the two-thirds of the Senate effectively controls the calendar and what bills make it to the floor. What then happens is quorum busting, which is illegal. It's the only option for a minority. it only half worked in 1979 and it didn't work in 2003. I remember that one.
Though minorities have tools in the tool box to block measures, the threat of a special session gives them compelling reason to compromise. Historically, they have always compromised. And, of course, we look for openness. We look for us being able to get to the network and find solutions. Thank you, Mr. President.
David Dewhurst: Thank you, Senator Lucio. the chair recognizes Whitmire to speak on the resolution.
Senator Whitmire: Thank you, Mr. President. Members, if I could have your attention for a moment. I would like to, as the longest serving Senator, to speak about the historical perspective about the two-thirds Rule and where we find ourselves today. I do it, also, a real quick demonstration of how valuable I think it is having served in the body for 28 years, prior ten in the House. So a total of 38 years of public service. Senator Birdwell if you will observe the House with a rule under a simple majority and a body of 150 member, when you get to 76 members, you are through. You can declare victory. And we see some of the disruption or the debate that takes place in that body verses this body under a two-thirds Rule.
Senator Patrick, you're very consistent, I'm very disappointed that now you've been here for two session and seen how valuable -- in fact, I think I've seen you use the two-thirds very effectively to represent your district on causes that you feel so strongly about.
And, of course, Senator Carona, I have great regard for you, and I respect the route of every member to form an opinion and even change their mind if they would like. You certainly put us on notice that you've changed. And I'm not really talking to the incumbents because I think if you've had the opportunity to honor and serve in this body, you form your own opinion. I can't imagine middle anyone that served here and not seen the value how it requires us to be the greatest deliberate body on earth. What I want to spend my next few minutes doing is speaking to our two newest members who do not have the opportunity to have served and governed by the two-thirds Rule.
Senator Rodriguez, you spoke at the Senate dinner about how you felt from El Paso you were often felt isolated as a community. State government kind of overlooked you. Well, let me give you the good news, under the two-thirds rule, you're fixing to see you're not neglected or disregarded. Every member on this body will come to you to seek your advice and counsel and your vote. El Paso, under a two-thirds Rule, will never be overlooked. If we had a simple majority, I'm not sure. I think I'd get to 16, maybe a couple of extras and I'd move forward to the next issue. So the two-thirds is going to protect your community of El Paso.
Senator Birdwell, I don't know if you know that I was born in Hillsboro, moved to Houston at four, family divorces. I went back to Waco in your district in third and fourth grade, and then fifth through ninth outside of Hillsboro. So I've been across your district. I've please little league ball in Dawson, Hover, Diname, Blume, Abbot, West Station. (phonetic spellings) I know your district very well. Very proud people. And those black land, cotton farmers will never be overlooked or forgotten under a two-thirds rule.
Now, I don't know if Senator Carona mentioned to his district when 150 people expressed an interest in doing away with the two-thirds, that's the two-thirds rule is protecting the people in his district that care about gambling. The two-thirds rule is not going to allow 16 of us to pass gambling. I think those good people in Hill county would probably agree with the two-thirds rule protecting them. I followed your campaign, admired you conviction on disagree, but I know you strong you are on prolife. Without the two-thirds rule, 16 of us could go to a pro-choice position on this Senate floor. The two-thirds requires us to sit down and talk. And it's not a partisan issue as some would portray it on.
On occasion from my historical perspective, I've seen it used mostly by the republicans when the democrats were in the majority. Senator Simbly (pheonetic spelling) very effectively used the two-thirds rule force a redistricting plan in 2001, which we had a majority of democrats on the Senate floor. He blocked it using the two-thirds with a group of republicans for very partisan reasons to send the redistricting plan to the redistricting board. And Senator Patrick you and others, in my judgment, are serving in a republican drawn redistricting plan that did not reflect the majority of the Senate in 2001. But let me go and give you another example of those fine folks of Hilt county being protected by the two-thirds rule. Farm to market roads. We've got to start cutting state spending. The two-thirds rule is going to protect the rural members, the Hilt county folks from a group of us urban members saying, "Hey, let's spend the money where the most people are. Let's take farm to market funds in the budget to Houston and the major metropolitan areas.
As you're catching on, I could give you example after example. Income tax. You go back home and tell your most conservative constituents that the two-thirds rule is going require two thirds plus before we ever think about an income tax, regardless of deficits or shortfalls. Members, I feel so strongly. We've already witnessed it in this first week. The two-thirds rule requires us to all go back there to discuss and deliberate what's the best rules for this body. So we're seeing the results of the two-thirds rule as we talk this very moment. Now, Senator Patrick, you talk about our forefathers.
Let me tell you about a discussion two of our forefathers had. I have read that Thomas -- Ben Franklin asked Thomas Jefferson as they were designing our legislative bodies, "You come up with a House of Representatives for the federal government, why do you need a Senate." Why do you need a Senate? We're in good shape. We have a house to represent people." Thomas Jefferson told him, "Mr. Franklin, it's the same reason you pour your coffee in your saucer before you drink it." I don't know if any of you have ever seen anyone do it. They did it pretty regularly when I was growing up. Old-timers would pour their coffee in a saucer when I was growing up near Whitney. So Thomas Jefferson said that's the same reason we need a Senate, to cool things down, to be cautious.
Members, there is a reason why we're called the most deliberative body on earth. It is because there's only 31 of us. It requires us to talk to one another. But, truly, you know, I know it's because of the two-thirds rule. I want to thank you this morning for protecting this most deliberative body on earth by maintaining the two-thirds rule. It's going to require, Senator Rodriguez, you haven't seen this yet, but shortly you'll see members walking around and Senator Birdwell with this tally sheet, and it's going to make and continue the tradition and the reality that every one of us is important.
Every 31 of us are equal and we're not going to get to 16 members and say, "I've got my votes Mr. Lt. Governor. Recognize me." It's going to make you go past 16 to 21 and go ahead and include all 31 member. And because of that each and every one of our districts will be protected respected and have a voice on this Senate floor. I want to thank you. We don't want to go to a simple majority or any other equation like our good friends over in the House. They fight like the devil to get to 76 and then they move on. Mr. President, thank you for allowing me to speak, and I want to thank my colleagues for protecting this most deliberative body by maintaining the two-thirds rule.
David Dewhurst: Dean, I think we understand your point. In the 77th session there were 16 republicans and 15 democrats but I understand your point. The Chair recognizes Senator Gallegos to speak on the resolution.
Senator Gallegos: Mr. President, again can I ask a question of the author of the resolution before I speak?
David Dewhurst: You are recognized. Senator Gallegos: Senator Eltife, let me ask you on this resolution does it, other than those changes that you've explained and described, does it also include the rules from the last legislation session?
Senator Eltife: Yes, Senator Gallegos. It is the existing rules plus the changes I mentioned.
Senator Gallegos: Now, I just want to be clear especially not only for us on the floor, but for the folks in the audience it also includes the special order on voter id?
Senator Eltife: It's the existing rules from last session which did have the special order in it, yes sir. Senator Gallegos: So that's the included in this resolution?
Senator Eltife: Yes, sir.
Senator Gallegos: Okay. Mr. President, may I speak?
David Dewhurst: Yes, sir. You're recognized.
Senator Gallegos: Thank you, Mr. President, and obviously the Dean has put everything in perspective. I just wanted to add what I feel about this resolution; and, you know, I opposed the adoption of these rules and I'm going to oppose it today. And Senator Patrick I respect -- when you got up, you spoke awhile go and I respect that. You and I debated on immigration in front of TV. You had your point and I have my viewpoint, but I think that we can debate whether it be on TV, on the Senate floor and respect each other like we did. You put out your points on immigration and I put out mine on TV in front of the God and country.
The other comments that I've heard today, I respect each viewpoint of any member of the Senate floor, but when you start changing rules -- now, during this last campaign all I heard was we don't want to be like Washington we. Don't want to be partisan like Washington, DC; but this is exactly what we're doing here when we are changing the rules on voter ID. You're being partisan. I don't want to be like Washington DC. I agree with those comments. We don't want to be like Washington DC. And we can agree to disagree, debate on this floor and be civil and bipartisan. But whenever you change the rules, whatever these rules were adopted long ago, then you start being partisan just like the bickering and fighting in Washington DC. And I don't want to be a part of that.
When you change the rules on voter ID other any other issue you're not really looking at the issues of Texans that they really want to hear. You're talking about public education. Were the largest state with uninsured children. Those are the issues that's they want to hear not to suspend the rules on the voter ID. Now, I just wanted to point that -- clarify that out that the people in the audience know what we're voting on here in this issue. And I very disappointed that even if it's just one issue that you change the rules on, you're changing the rules just like they are doing business in Washington DC. I don't want no part of Washington DC. This is the Texas Senate. Somebody mention we have tradition. We have tradition and we should follow it. When you change the rules, you're not being civil, and you're not tending to the business of Texans.
David Dewhurst: The Chair recognizes Eltife on the resolution.
Senator Eltife: Mr. President, thank you. Before I make the motion for adoption of the resolution would like to thank all the members of the Senate. We had a lot of input on the rules. I want to thank Senator Ogden and Senator Watson for working together on the out-of-bounds issue that is now in the rules and all the members. We had good dialogue, good debate and now we have a resolution to adopt our rules. I move adoption os SR 36.
David Dewhurst: Thank you, Senator Eltife. Members the questions is on the adoption of the resolution. The secretary will call the role.
The Secretary: Birdwell. Carona. Davis. Deuell. Duncan. Ellis. Eltife. Estes. Fraser. Gallegos. Harris. Hegar. Hinojosa. Huffman. Jackson. Lucio. Nelson. Nichols. Ogden. Patrick. Rodriguez. Seliger. Sharipo. Uresti. Van. De. Putte. Watson. Wentworth. West. Whitmire. Williams. Zaffirini.
David Dewhurst: There being 18 yeas and 11 nays, the rules are adopted.
Senator Eltife: Thank you, Mr. President. Thank you, members.
David Dewhurst: Thank you for your hard work Senator Eltife. The chair leaves out the following resolution: S.C.R. No. 7 by Senator Whitmire. The secretary will read the resolution.
The Secretary: The Senate concurrent resolution granting permission for the legislature to adjourn for more than three days from Wednesday January 19th to Monday January 24th by Whitmire.
Senator Whitmire: Members, you have heard the resolution that the constitutional requirement that we get permission from both houses to resign to adjourn for three continuous days. I so move at this time, Mr. President.
David Dewhurst: Thank you, Dean. You've heard the resolution explained by Senator Whitmire. The secretary will call the role.
The Secretary: Birdwell. Carona. Davis. Deuell. Duncan. Ellis. Eltife. Estes. Fraser. Gallegos. Harris. Hegar. Hinojosa. Huffman. Jackson. Lucio. Nelson. Nichols. Ogden. Patrick. Rodriguez. Seliger. Sharipo. Uresti. Van. De. Putte. Watson. Wentworth. West. Whitmire. Williams. Zaffirini.
David Dewhurst: There being 29 yeas and no nays. The resolution is adopted. Members I overlooked one very important visitor. I want to apologize but I did not recognize Diane Nelson who is very important member of our group, our company city in Houston. So thank you, Diane, for being here, pardon me, Diane. The chair recognizes Senator Carona for an announcement, actually two announcements.
Senator Carona: Thank you, Mr. President. Members, if you will indulge me of two brief ones. Representative Anchia (phonetic spelling) and I want to invite you to attend unimportant educational event on a conservative approach to securing Texas energy future, jobs efficiency and competitive. This is going on this afternoon at 2:00 in the Legislative Conference Center. There will also be an exhibit there by Intel on a new prototype energy saving, actually several devices. So we -- I think this will be interesting and if you're in the capitol you may want to drop by. And also, Mr. President and members, obtain January 25th a business and commerce committee is sponsoring an informational briefing to get an understanding of the recent federal legislation known as Dod Frack. (phonetic spelling) John Pad a recognized Dallas attorney will give us an overview. The briefing at 9 a.m. next Tuesday one week from today in -- I'm sorry one week from yesterday in Room E1016. So if you would like to participate in that we certainly invite everyone. Please let the business and commerce staff know. Thank you, Mr. President.
David Dewhurst: Thank You, Senator Carona. The Chair recognizes Senator Hinojosa for an announcement.
Senator Hinojosa: Thank you, Mr. President and Members. I would like to remind members about a tour of the Rio Grande Valley that is hosted by the Rio Grande Valley partnership. They will leave tomorrow after lunch through Sunday. This is a great opportunity to visit the Rio Grand Valley and learn about border security, about health care, about the Colonials and the growth of our educational Institutions. This tour is dedicated in memory of Mr. Bill Summers who is the president and CEO of the Rio Grande Valley Partnership of 22 years up until his death in '09. Bill Summers wanted to educate legislators from other parts of the state on the unique assets and opportunities and needs of the Rio Grande Valley. So I hope you-all can attend and or at least take part in the tour, thank you, Mr. President.
David Dewhurst: The Chair recognizes Senator Van de Putte for an introduction.
Senator Van de Putte: Thank you, Mr. President. Mr. President and Members, I am pleased today to have serving in the Senate as a page for my district Miss Crystal Garza. Miss Garza is the daughter of Mr. and Mrs. Pat Garza. and Pat and I are long time old friends from middle school, or back then junior school. She's 13 years old. She's in the 8th grade. She goes to St. Luke's Catholic School. We welcome Crystal here today and we thank for her service as a Senate page. Thank you, Mr. President.
David Dewhurst: Thank you, Senator Van de Putte. Thank you so much. Are there any additional announcements? The Chair recognizes the Dean of the Senate for a highly privileged --
Senator Whitmire: Thank you, Mr. President. I move that the Senate stand adjourned until Monday in memory of the victims of the Arizona shooting and in memories of those individuals who selflessly stepping in and helped the victims on that day.
David Dewhurst: Thank you, Dean. Your motion of Senator Whitmire to adjourn the Senate until 1:30 Monday, January the 24th in honor of the victims of the shooting in Arizona. Is there any objection? The chair hears none and the Senate will stand adjourned until 1:30 Monday, January 24th.
