DAVID DEWHURST: Members of the Senate will come to order and the secretary will call the roll.

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinajosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

DAVID DEWHURST: Thank you, Madame Secretary. Senators, a quorum is present. Would all those on the floor, please rise this afternoon. And in the gallery, please rise, ladies and gentlemen, for the invocation today to be delivered by Chaplain Lieutenant Colonel Steven Vaughn of the Texas Army National Guard.

MR.VAUGHN: The psalm said, "I will save the Lord. He is my refuge and my God in whom I trust."

Please join me. Father, today we pause to honor a group of men and women, who by their very sacrifices set themselves apart from all others. We cannot bestow more honor and dignity upon them than they themselves have already earned, but we can say, "Thank you."

We can and do ask your hand in mercy and love about them. For those still recovering, we ask that you give the doctors the wisdom needed to assist these patriots in the recovery process. We ask also for their families that you will walk alongside them in this road that they now take. Grant them the wisdom and strength to be a pillar of support and love as their loved one makes his or her journey. Our Father, we humbly ask your blessings upon our country and our service members that they are currently now serving in harm's way. We ask they might soon be returned to their loved ones. We ask your blessing in holy name. Amen.

DAVID DEWHURST: Amen. Thank you, Chaplain. Ladies and gentlemen, you can be seated, please. Thank you so much. The chair will hear excuses for absent members. Senator Whitmire moves to excuse Senator Hegar on account of illness. Is there any objection from any member? The chair hears none and so ordered. Senator Whitmire moves to dispense with the reading of yesterday's journal. Is there any objection from any member? Chair hears no objection and so ordered. Chair announces signing of the following in the presence of the Senate. Thank you.

PATSY SPAW: Senate Concurrent Resolution No. 6.

DAVID DEWHURST: Thank you, Madame Secretary. The following bills and resolutions on first reading and reference to committee. The secretary will read the bills and the resolutions.

PATSY SPAW: Senate Bill 1 by Ogden, the General Appropriations Bill to Finance. Senate Bill 14 relating to requirements to vote including presenting proof of identification by Fraser et al. to the Committee of the Whole.

DAVID DEWHURST: Ladies and gentlemen, the following message from the governor. The secretary will read the message.

PATSY SPAW: To the Senate and the House of Representatives of the 82nd Texas Legislature, regular session, I, Rick Perry, governor of the state of Texas, pursuant to Article Three, Section Five of the Texas Constitution and by this special message do hereby admit the following emergency matters for immediate consideration to the Senate and House of Representatives of the 82nd legislature now convened: Legislation that requires a voter to present proof of identification when voting, legislation that will provide for federal balanced budget amendment to United States Constitution, and legislation that requires a sonogram before a woman elects to have an abortion so that she may be fully, medically informed. Respectfully submitted, Rick Perry, governor of Texas.

DAVID DEWHURST: Thank you, Madame Secretary. The chair lays out the following resolution. The secretary will read the resolution, Senate Resolution No. 31 by Senator Uresti.

PATSY SPAW: Senate Resolution 31 declaring Monday, January 24th, 2011 as Real County Day at the State Capitol by Uresti.

DAVID DEWHURST: The chair recognizes senator Uresti to explain the resolution.

CARLOS URESTI: Thank you, Mr. President. Members, good afternoon. I'm sure you've come to learn by now that I love to talk about the size of my district, District 19. At 55,000 square miles, Senate District 19 is the largest legislative district in the contiguous United States, bigger than 24 states, 25 countries and 2 planets. Okay. That was a joke. It also contains all or part of --

DAVID DEWHURST: Some of us were listening.

CARLOS URESTI: Thank you, Governor. It also contains all or parts of 23 counties, so it's only fair to warn you that you're going to be hearing a lot more about our great district. Some of my counties are among the largest in the state. But the one we honor today is actually the smallest in the district and certainly one of the most beautiful. Some of you may know Real County for a natural attraction that can be found at its southern border, Garner State Park. With over one million visitors from all over the United States each year, Garner State Park is easily one of the most visited natural attractions in the state of Texas. Real County is located on the edge of the Edwards Plateau, its rugged terrain and scenic canyon form the hill landscape that defines central Texas. The county is described by some as the Swiss Alps of Texas; and it's a great place to hunt, hike, bike, fish, swim or just lay back and contemplate the beauty of nature. Members, with us today on the Senate floor, I'm proud to introduce Real County Judge, Garry Merritt, Leakey School Trustee Charles Reagor, Nueces Canyon School Trustee Charles Hunger, Camp Wood City Representative Karen Dean. Members, please join me in welcoming our guest and wishing them a memorable Real County Day at the State Capitol.

(applause).

DAVID DEWHURST: Members, you have heard the motion by Senator Uresti. Is there any objection? The chair hears none, the resolution is adopted.

The chair recognizes Senator Watson to introduce the doctor for the day.

SENATOR WATSON: Thank you Mr. President. Members, we have two doctors for the day today, and they are folks who we know who have volunteered to be with us on many days in the past and we're very pleased to have them again with us and that's Judith and John Edgerton. You will recall that this couple, both of them, were educated at the Welsh National School of Medicine in the UK. They are both members of the Texas Academy of Family Physicians and the Texas Medical Association, and they are now retired from the day-to-day practice of medicine, but they frequently volunteer to be our good doctors of the day. Please help me welcome again to the Capitol, Doctors Judith and John Edgerton.

(applause).

DAVID DEWHURST: Thank you very much, Senator Watson. Chair recognizes Senator Zaffirini for an introduction.

JUDITH ZAFFIRINI: Thank you, Mr. President. Mr. President and members, it is my pleasure to recognize some very special students from my hometown, Laredo, the award-winning high school mariachi band, Los Tigres Del Sur, the Tigers from the South. Today, they're going to share their beautiful music with us. I hope you heard them in the rotunda. They come from the oldest high school in Laredo, Martin High School, which is known for its commitment in excellence in the fine arts. They are working so hard to build a student success and to ensure that they will all meet their goals. But today, they are especially proud that they are living their dream restoring the roar, the tiger's roar, that is. Their slogan has been "once a tiger, always a tiger," and they are proud of it. Today, they travel to Austin to be with you as part of the city of Laredo legislative delegation, whom we will welcome tomorrow. I'd like to ask the students to please stand and be recognized by their director, Rafael Alarcon and their principal, Oscar Perez. Members, please join me in welcoming the Tigres Del Sur to the Texas Senate.

(applause).

DAVID DEWHURST: Welcome and thank you, Senator Zaffirini. The chair lays out the following resolution. Members, I'm going to ask you if you would please to take your seats. The chair lays out the following resolution: SR53, by Senator Van de Putte. The secretary will read the resolution in full.

PATSY SPAW: Senate Resolution 53. Whereas the Senate of the state of Texas is pleased to recognize and pay tribute to the members of the United States military who have so honorably served our great nation and state in the armed services and to join all Texas in observing January 24th, 2011 as Wounded Warrior Day at the Texas State Capitol; and whereas the soldiers, sailors, airmen and marines of the United States military and their families have made extraordinary sacrifices to serve our nation, both abroad and within our own borders; and whereas the 253,049 members of the United States military who are currently deployed around the world, 19,413 are from Texas and of the 42,167 service members who have wounded since 2001 in the Iraqi Freedom, Enduring Freedom and New Dawn conflicts, 3,622 have been from Texas; and whereas we are blessed to honor today the wounded warriors who have returned from these conflicts, including Major John J. Plow, Staff Sergeant Richard Groff, Staff Sergeant Frank Lamar, Sergeant Juan Callon, Sergeant Chris Gobel and Private First Class Kevin McCarry. Without their willingness to serve and the contributions made by them and their families, we could not enjoy many of the freedoms that make this nation great. And whereas these veterans have bravely and selflessly served in the defense of our nation and its democratic ideals with silent dedication and unmatched grit, they ensure our safety and security and it is indeed fitting that all Texans recognize, honor and reaffirm gratitude to these true American heroes. And whereas although these veterans represent many different hometowns and backgrounds, what unites them is greater than what divides them, a deep and abiding love for their country. It is for America and all Americans that they leave their homes and families and friends in order to guarantee the continuation of those freedoms etched into the Declaration of Independence and ensured by our Constitution; and whereas it is for our service members' willingness to serve to protect these freedoms that we honor them. Now, therefore, be it resolved that the Senate of the state of Texas, 82nd Legislature hereby commend the wounded warriors of our nation for their sacrifice, dedication and patriotism, recognizing them, honoring them and reaffirming the gratitude of all Texans to these true American heroes by Van de Putte.

DAVID DEWHURST: Chair recognizes Senator Van de Putte to explain the resolution.

SENATOR VAN DE PUTTE: Thank you, Mr. President. Mr. President and colleagues, I am honored today along with my friends in the Senate to recognize America's heroes, the men and women who generation after generation have answered the call in service to our country. Senate Resolution 53 recognizes their efforts. The great general Douglas MacArthur, general in World War II, once said, "The soldier, above all other people, prays for peace, for he must suffer and bear the deepest wounds and scars of war."

Today, we recognize these men and these soldiers who have returned home from combat. And they are owning to deep visible and some invisible wounds. Their lives have been forever altered because they so honorably protected ours. These servicemen and our servicewomen are now called to overcome new obstacles and learn how to live independently despite the many physical challenges. And although these warriors live with the challenges, they live with pride and with dignity as they have already overcome the greatest challenge of al,l, and that is fighting for our country.

The recognition we offer you today is merely a small token, a small honor compared to all that you have given. For you and your families, the recognition and your willingness to accept bodily char, to accept that harm and to accept, as many of your colleagues have, the ultimate devotion, a level of bravery that we must cherish. And members, we acknowledge and we hold on high today because we are in this beloved state capital.

Without you, without our servicemen and women and their life-changing sacrifices, the United States would not be the great country that we are. It is a country that offers freedom and freedom to live, freedom to love. It is the selfless service of our warriors and their families, all American servicemen and women that we honor today on Wounded Warriors Day. Members, as the Senate resolution was read, you heard our numbers. Texas, with the pride and the tradition of serving in our military, has born the brunt not only of this war, but of the wars of our generations past. These numbers are compelling example of our -- of Texas effort to this nation's war effort, but now these warriors are in transition. These warriors who are fighting the new challenges today, they show us firsthand the immense human cost, the ramifications of putting ones self on the line for what you believe in and the incredible sacrifice a you and your families have made because of your service to our country.

I'm pleased today to have these soldiers from San Antonio, where we have a world class state-of-the-art physical rehabilitation center where the healing can begin for many of our soldiers. The Center for the Intrepid Brooke Army Medical Center and Family Support and Warrior Support Center all provide a nucleus for our warriors that are in transition. The center serves military personnel who have been disabled or severely injured during the military operation. The world class burn unit at Brooke Army Medical is the only one of its kind in the United States. And we are home to the military's world class amputee center. The center and the burn unit help our service members regain their ability to live and to work productively again.

All of what these warriors dreamed about was what we dream about, was what the future holds. And now our courageous warriors in transition are learning how to walk again with new legs. They're learning how to eat with a new arm, they're -- many of our warriors are experiencing new skin after debilitating full-body burns, and to accept the new reality of mobility. Some of them with the invisible wounds are learning to say "I love you" again.

So today, the Texas legislature and this Senate pays tribute to six of these wounded warriors, these warriors in transition who have traveled from Brooke Army Medical Center, Fort Sam Houston in San Antonio. Mr. President, I would like to yield to my colleagues who each will introduce one of the soldiers, our wounded warriors, who are here today. Mr. President, if you will, please recognize as I yield to Senator Estes.

DAVID DEWHURST: Chair recognizes Senator Estes.

CRAIG ESTES: Thank you, Mr. President and members. It's my privilege and honor today to introduce National Guard Sergeant Chris Gobel from New Hope, Minnesota. Sergeant Gobel was wounded in Iraq on October the 7th, 2009 during Operation Iraqi Freedom. Sergeant Gobel has been in the service for ten years. Please join me in welcoming him to the Texas Senate.

(applause).

SENATOR VAN DE PUTTE: Mr. President.

DAVID DEWHURST: Senator.

SENATOR VAN DE PUTTE: I would like to yield to my colleague, Senator Ogden.

DAVID DEWHURST: Chair recognizes Senator.

SENATOR OGDEN: Members, I am honored to introduce Private First Class Kevin McCarey from Gilbert, Arizona, who's 19 years old. Kevin was assigned to the Army's 101st Airborne Division, 1st Battalion, 320th Field Artillery Regiment, 2nd Brigade Combat Team. He was injured in Operation Enduring Freedom on September 29th, 2010 when he stepped on an IED. The injury resulted in the amputation of Kevin's left leg. Now, which one's Kevin? Because you can't tell. Step forward, Kevin. Kevin walked on this floor without crutches. He is standing at parade rest. He has a brand new prosthesis who's been on him for six days, and I think you get a real glimpse at how tough a kid this is. And we are honored that you are on the floor with us today. He is currently a patient at the Brooke Army Medical Center and was awarded a Purple Heart on October 1st, 2010. Senators, please help me show our appreciation for his service. Private Kevin McCarry.

(applause).

SENATOR VAN DE PUTTE: Mr. President, I ask that you recognize as I yield to Senator Davis.

DAVID DEWHURST: The chair recognizes Senator Davis.

SENATOR DAVIS: Thank you, Mr. President. It's my privilege today to introduce to the members U.S. Army Staff Sergeant Frank Lamar. Sergeant Lamar was injured while serving our country in Operation Iraqi Freedom. He has served our nation proudly for ten years. Currently, the Sergeant is working as a military intelligence NCO. He is married and we thank him and his spouse for the incredible sacrifice that they've made on behalf of protecting the freedoms of our country. Please join me in welcoming and honoring Sergeant Frank Lamar.

(applause).

DAVID DEWHURST: Senator Van de Putte.

SENATOR VAN DE PUTTE: Mr. President, I ask that you recognize the Senate's own wounded warrior, our -- one of our newest senators. I yield to Senator Birdwell.

DAVID DEWHURST: The chair recognizes Senator Birdwell.

(applause).

SENATOR BIRDWELL: Thank you, Mr. President. Thank you, members. Mr. President, I'm honored to recognize Sergeant Juan Perillon, who is currently recovering at Brooke Army Medical Center. I'm pleased to say that he is doing well in his treatment and I'm very grateful that we're able to thank him today for service to our great nation. Sergeant Perillon has been in the United States Army for four years as a member of Bravo Troop, 1st Battalion, 75th Cavalry Regiment, 2nd Brigade Combat Team, 101st Airborne Division, Air Assault. He was recognized for his commitment and courage this past November when he was awarded the Purple Heart for wounds received in action. Thank you for coming today, Sergeant Perillon. We are grateful to you and all of our servicemen and women for continuing to fight for our nation's freedoms. Folks, members, Sergeant Perillon.

(applause).

DAVID DEWHURST: Senator.

SENATOR VAN DE PUTTE: Mr. President, at this time, I would like to yield to Senator Wentworth to recognize his constituent.

DAVID DEWHURST: Chair recognizes Senator Wentworth.

MR.WENTWORTH: Thank you, Mr. President. Mr. President, members, I'm honored today to introduce my constituent, Staff Sergeant Richard Groff. For nine years, Sergeant Groff has served as a human intelligence collector for the United States Army. A member of the 321st Military Intelligence Battalion, he played a vital role in Operation Enduring Freedom. Today, Sergeant Groff lives in New Braunfels with his wife, Danielle. Please join me in recognizing this brave soldier.

(applause).

DAVID DEWHURST: Senator Van de Putte.

SENATOR VAN DE PUTTE: Thank you, Mr. President. At this time, I would like to yield to Senator Zaffirini to recognize her constituent.

DAVID DEWHURST: Chair recognizes Senator Zaffirini.

JUDITH ZAFFIRINI: Thank you, Mr. President. Mr. President and members, we really all must thank Senator Van de Putte for her leadership as Chair of our Veterans Affairs Committee and making this day possible. Thank you, Senator Van de Putte. You do such a wonderful job.

(applause).

It's my honor to introduce to you a hero from my senatorial district, U.S. Army National Guard Major John Plough of La Vernia, Wilson County. Will you please step forth?

(applause).

JUDITH ZAFFIRINI: You may recall, members, that on October 16th, 2009, four brave soldiers in southern Afghanistan were in a Humvee that was hit by an IED -- an improvised explosive device. Two were killed, including a Texan, Staff Sergeant Chris Neil Scott of Fredericksburg, and two were critically injured. Major Plough was one of the two who was critically injured, and he received a Purple Heart for his bravery. He was taken to Germany, but then brought home to BAMC, to the Brooks Army Medical Center, where our very capable doctors treated him for a very badly shattered knee and multiple other injuries. Today, you couldn't even tell that he was injured. They replaced his knee with parts from cadavers, reminding us why our organ donor programs are so important. They save lives, they improve lives, they help people get back to work. Doctors credit Major Plough's impressive fitness and discipline with his recovering even better than expected, even faster than expected. He could have retired from the military after his injury or could have declined the opportunity to serve because he is an only son. Instead, he chose to serve our country and to fight for our freedoms. He is truly one of our heroes and we are so grateful that he honors us with his presence today.

Members, on a related note, on a lighter note, every session, we welcome a Wilson County delegation that represents the Peanut Festival. And we introduce Keen Reboog, who -- that is "goober" spelled backwards. Major Plough came as royalty from Wilson County, and he was among that delegation. But more interestingly, the very first king of the Peanut Festival was former governor, John Connally. Congratulations on your royal heritage.

He also reminds us that some of the young people we recognize in the Senate have a potential to grow up to be great Texans, to be military heroes. Major Plough's mother, Bee, his wife, Terri, and their four children, Colton, Cameron, Courtney and Claire, all students at La Vernia ISD, are thrilled they can embrace him daily and so am I.

Major Plough, thank you and your fellow wounded warriors for honoring us with your presence today. You bless this chamber with your heroism, and we are so proud, so grateful and we respect you so much. May god bless you always and reward you for your heroism. Thank you.

(applause).

DAVID DEWHURST: Senator Van de Putte.

SENATOR VAN DE PUTTE: Thank you, Mr. President. At this time, Mr. President, there are several of our colleagues that would like to offer their comment on Senate Resolution 53.

DAVID DEWHURST: Thank you, Senator Van de Putte. The chair recognizes Senator Lucio to speak on the resolution.

EDDIE LUCIO, JR.: Thank you, Mr. President. Members, I join with all of you here today in recognizing America's best. Before I say anything, I was very pleased to look over to my left and see Senator Fraser leading the applause a while ago when one of our own, Senator Birdwell, was introduced. Senator Birdwell, I want to also join in welcoming you to the Texas Senate, and I want to thank you for the service that you've endeavored in for our country, and you, too, are one of our heroes. Your wounds came as during an act of terrorism on our soil. And we proudly join with you in serving the people of our great state in remembering those that passed away also during that period of time.

But I want to join with you, Senator Van de Putte, in recognizing these outstanding soldiers, wounded warriors, that we better known as heroes. And I want to tell them that you have shown as much courage fighting against disability as you did on the battlefield. For that, we feel, quite frankly, that you are, you know, the ultimate role model in our country. I also want to recognize those who could not join with us today. I'm sure that each one of us members have wounded warriors in our district. There's no doubt. All we have to do is visit the VFWs and we find them there.

My father -- you know, before I say anything about my dad, because he passed away four years ago. But he never talked about the perils of war. He never really, you know, talked -- engaged in telling us about what happened during the war. He fought in North Africa, Senator Ogden, and -- and I know that a lot of men died during that period of time. But I also want to recognize those as I just mentioned that couldn't join us. There are over 3 million wounded veterans in America today. In fact, 5.5 million veterans have a disability of some kind out of a total of around 22 million who served in combat, and that's significant for us to recognize here today as well.

So I was mentioning my father got wounded twice. The second time we -- we ourselves knew about it later on. He had been -- he had received some fragments in his left part of his chest of a grenade that had exploded close to him, Senator Birdwell. And later on, that wound became cancerous. It was patrol cancer and diagnosed as such, and I remember he had his -- as a little boy, he had his operation. And it was very noticeable where he had -- had his wounds in his body. But I know that all of us have a father or a brother, an uncle, an aunt. In today's world, so many women are now in the front lines as well. And all of them had fought proudly for their country, but they've also fought for ideals, for democracy, you know, for the right of other people in other countries to be able to enjoy basic freedoms that we as Americans sometimes even take for granted, unfortunately, but enjoy those freedoms every day of our lives -- the right to vote, the right to assemble, the right to, you know, be able to speak out called freedom of speech and also of course to church and practice the religion of our choice. Many of our veterans have been from minority backgrounds. They fought for the protection of minority rights in foreign lands. After the war, many came home and fought for the civil rights of minorities right here in our own country. They fought against discrimination. They fought against voter suppression. The only reason I bring that up is I remember a story where, Senator Ogden, my dad went into a lounge to have a beer, a cold beer before he left to fight in North Africa and they wouldn't serve him a beer even in an American uniform. We've come a long ways and I'm grateful for that, but it's been the men and women of this country coming together as one Americans to be able to stand up for the greatest country in the world. The wounded warriors sacrifice much for the ideals this country was founded upon, and yet we have not always honored their sacrifice. There are estimated 140,000 veterans held in state and federal prisons. 43 percent of the homeless males over 25 years old are veterans. The VA estimate that there are over a hundred thousand homeless vets on any given night in America, as high as 10,000 in Texas and New Mexico. A disproportionate amount are from minority backgrounds. Over half of all homeless veterans are American -- African American or Hispanic. Finally, and additionally, another 1.5 million veterans are considered at risk of homelessness due to poverty, lack of support networks and dismal living conditions and over crowded or substandard housing. We are reminded today that warriors can be wounded and veterans can be vulnerable and that the struggle for life, for rights does not end on the battlefield. There are more veterans living in Texas than any other state except California and Florida. As we tackle the budget, we must continue to make sure that they have the access they need to state physical and mental health services. I want to end by thanking those wounded warriors that are here today for being here with us, for reminding us law makers about what service and sacrifice is and for compelling us to govern well. Thank you.

DAVID DEWHURST: Thank you, Senator Lucio. The chair recognizes Senator Fraser to speak on the resolution.

SENATOR FRASER: Thank you, Mr. President. Senator Van de Putte, thank you so much for bringing this issue forward. And I think all of you are aware that every day I've been allowed to serve in the Texas Senate, I feel like I'm standing in the shadow of freedom because the group that I get to represent every day, those brave men and women down at Fort Hood, which is the largest military establishment in the free world. They are always generally the first line people in any event that are there to show up. And obviously, because there's so many serving from there, we've got a lot of wounded warriors from that area.

I'm also very honored that I get to serve or represent in Abilene Dyess Air Force Base. So we have a lot of brave men and women through our area that are serving. I'm very honored today that our own wounded warrior here, Senator Birdwell, and I have one of our constituents. He works in my district, but lives in the next county over in Senator Birdwell's district. We have him up here -- right up above us Senator -- Staff Sergeant Floyd Hull is at Fort Hood. He has been in the Army since 1994. he has done four tours of duty in Iraq. Thank you so much for escorting this group today. I'd like to introduce Staff Sergeant Floyd Hull.

(applause).

DAVID DEWHURST: Thank you, Senator Fraser. The chair recognizes Senator Birdwell to speak on the resolution.

SENATOR BIRDWELL: Thank you, Mr. President. I, too, wish to do the same as my colleagues that Senator Fraser has done is recognize a constituent from the district. It's an honor to recognize my guest, Lieutenant Colonel Tim Carcher, who was wounded during his operational deployment in Operation Iraqi Freedom. While serving in Sadr City, Baghdad, Lieutenant Colonel Carcher's vehicle (inaudible) resulting in a dramatic amputation of both legs above the knee. Since that time, he's been healing in Landstuhl, Germany and Walter Reed and is now undergoing significant rehabilitation at Brooke Army Medical Center Center for the Intrepid. Lieutenant Colonel Carcher is a decorated war hero. His awards include the Bronze Star, the Purple Heart, along with many other various awards. Lieutenant Colonel Carcher resides in Copperas Cove with his wife and three daughters. Thank you for coming today, Tim. And I want to personally thank you and let you know how grateful we here in Texas are for your service. Thank you, sir.

(applause).

DAVID DEWHURST: Thank you, Senator Birdwell. The chair recognizes Senator West to speak on the resolution.

SENATOR WEST: Thank you very much, Mr. President and members. Members, I, too, stand in support of the resolution. And I have a member of my district of Dallas County, Senator Shapiro, Senator Carona that's here. It's my pleasure to introduce Roger Binamoff, who enlisted in the United States Army in August of 1991, served on active duty and in the Texas Army National Guard. He was commissioned as an officer in June of 1999, volunteered for Operation Noble Eagle homeland defense mission in 2002 in the Texas Army National Guard, reentered active duty in July of 2003 and served in the U.S. Army as an army chaplain from July 2003 to 2009. Roger resides in Dallas County, and I'm honored to -- for him to be here with us today as we recognize all of our military men and women from Texas. I'd ask that each and everyone of you give him an acknowledgment of our appreciation.

(applause).

DAVID DEWHURST: Thank you, Senator West. Chair recognizes Senator Estes to speak on the resolution.

CRAIG ESTES: Thank you Mr. President, members. Members, I have three constituents here today that I'd like to introduce to you. Fist of all, I would like to introduce Joel Immenez, commander of the Disabled American Veterans, Chapter 41 in Wichita Falls, Texas. Mr. Immenez was born in Ranger, Texas, and he entered the Army in 1968. He was wounded in June of 1969 and he returned to his unit to complete his tour of duty as a Purple Heart recipient. Over the course of his service, he's received the National Defense Service Medal, Army Commendation Medal, Vietnam Service Medal with 2 Bronze Stars and the Combat Infantry Badge. Please welcome Mr. Joel Immenez.

(applause).

CRAIG ESTES: And secondly, standing up in this corner of the gallery is Mr. Paul Miller right there in the corner. And he was born in South Carolina and attended Vernon College and Midwestern State University. And he entered the U.S. Army in November 1966, and he had multiple tours in Vietnam and Germany. And he retired from active duty in March '98 after 27 years of service. He received the Purple Heart for wounds received while serving in South Vietnam and has been awarded more than 15 service medals, including the Bronze Star and Meritorious Service Medal. Thank you, Mr. Miller, for being here.

(applause).

CRAIG ESTES: And then lastly, Mr. President and members, a person that is not here but is at Brooke Army Medical Center is Army Corporal Paul van Linder, a war hero from Pilot Point, Texas. He cannot travel to be here with us today, but he was wounded in battle in Iraq on January the 3rd of this year and has been awarded the Purple Heart. And as I said, he is currently receiving treatment at Brooke Army Medical Center at Fort Sam Houston for his injuries. And so I'm very proud of these constituents who are heroes. Thank you, Mr. President.

(applause).

DAVID DEWHURST: Thank you, Senator Estes. Before we move for the passage of the resolution, we have some additional guests. Did you want to recognize them? Thank you.

SENATOR VAN DE PUTTE: Thank you, Mr. President. You know, the logistics involved, we want to thank all of the help that was given to us from Brooke Army Medical in your offices, but we have a wonderful group of support coming from those veterans who know what it's like. They know what it's like because they fought in prior wars as well. And I want to greatly acknowledge the members of the VFW, and particularly, the members of the -- who are here in the gallery, ask them to rise. Ladies and gentlemen, our Purple Heart warriors.

(applause).

SENATOR VAN DE PUTTE: Mr. President, we are also very thankful as the day's festivities began very early for our warriors that at the breakfast today and they had a wonderful visit with the governor and his staff at midday, but we do want to recognize on the Senate floor the presence of 2 of the greatest Texans that we have. First of all, our adjutant General, Jose Majorca, who is with us today and his staff.

(applause).

SENATOR VAN DE PUTTE: And a very important person in state government, especially as the charge for our Texas Veterans Commission is to make sure that Texas soldiers get help from the VA. And in charge of appealing all those claims, our new executive director for the Texas Veterans Commission, Colonel Paladino and Chair of the Veterans Commission, T.P. O'Mahoney.

(applause).

DAVID DEWHURST: If I may just for a moment. Senator Whitmire, did you wish to add some comments to the resolution?

MR.WHITMIRE: Thank you, Mr. President. I wanted to just thank Senator Van de Putte for this outstanding program, but I think it would be appropriate for us to recognize our colleagues that have served in the military. I know Senator Hinajosa is a Vietnam War veteran, Senator Uresti, Senator Birdwell and there's probably others -- Senator Ogden served in the naval -- so could we ask our colleagues to stand and honor them for their service to our military at this time.

(applause).

DAVID DEWHURST: The chair recognizes Senator Van de Putte to close.

SENATOR VAN DE PUTTE: Thank you, Mr. President. In addition to Senators Wentworth and Uresti and Hinajosa and Ogden and Birdwell, we also have our own presiding officer, who has served in the Air Force. Members, our lieutenant governor David Dewhurst.

(applause).

SENATOR VAN DE PUTTE: Mr. President, we know that these wounded warriors as they are now warriors in transition have the love and support of this state of Texas, the best medical personnel anywhere, but most of all their faith and their families. We acknowledge as well the moms, the dads, the brothers, the sisters, the children, the aunts and uncles, the neighbors, the god parents. It is not just the service member who serves; it is the entire family. And as we approach this legislative session, it is with the goal in mind to make Texas the absolute best state for active duty military and their families and for our veterans and their families who have served us so well. Mr. President, I move adoption of Senate Resolution 53.

DAVID DEWHURST: Members, you heard the motion by Senator Van de Putte. Under the circumstances, all those in favor, please rise. It being unanimous, the resolution is adopted.

(applause).

DAVID DEWHURST: Members, the chairs lays out the following resolution: SR No. 41 by Senator Williams. The secretary will read the resolution.

PATSY SPAW: Senate Resolution 41 commending Sergeant James Eddie Wright of the 3rd Light Armored Reconnaissance Battalion by Williams.

DAVID DEWHURST: Chair recognizes Senator Williams to explain the resolution.

SENATOR WILLIAMS: Thank you, Mr. President. Members, I am pleased to introduce retired Marine Sergeant James Eddie Wright, my friend and a resident of Montgomery County and someone that I had the pleasure of meeting this past summer. Eddie served in Iraq during Operation Iraqi Freedom as a Scout Leader with the 3rd Light Armored Reconnaissance Battalion and then again during Operation Iraqi Freedom 2 as an Assistant Team Leader, Company B, 1st Reconnaissance Battalion, 1st Marine Division in the Marine Expeditionary Force. I'm going to read to you his Bronze Star citation, because it says far better than I could ever say what a brave young man he is. But most of all, I want to share with you what a wonderful person he is. And when I met him during the interim period that we've had a little over a year ago, he told me that he was the luckiest guy in the world, because he had got to live his dream of fighting for his country and serving as a Marine. And he has a wonderful wife, Cody, and she's expecting this July. Let me share with you what a brave young man he is. This is his Bronze Star citation: "For heroic achievement in connection with combat operation against the enemy as Assistant Team Leader with Company B, 1st Reconnaissance Battalion, 1st Marine Division, 1st Marine Expeditionary Force in support of Iraqi Freedom 2 -- 1. On 7 April, 2004 in the Al Anbar province of Iraq, Corporal Wright's patrol came under heavy machine gun fire, small arms, mortars and rocket-propelled grenade fire. He immediately engaged the enemy with his squad automatic weapon continuing to fire until his vehicle was struck by a rocket-propelled grenade. Despite losing both hands and sustaining severe injuries to the leg, Corporal Wright was the epitome of composure. Understanding the severity of his own injuries, he calmly instructed others on how to remove the radio, call for support and render first aid. He also pointed out enemy machine gun emplacements to his fellow Marines assisting in the demise of 25 enemies killed -- excuse me -- 26 enemies killed in action. By his zealous initiative, courageous actions and exceptional dedication to duty, Corporal Wright reflected the great credit upon himself and upheld the highest tradition of the Marine Corps and United States Naval Service. The combat distinguishing device is authorized."

Ladies and gentlemen of the Senate, please help me welcome my friend, Eddie Wright, to the Texas Senate and thank him for his service.

(applause).

DAVID DEWHURST: Thank you, Senator Williams. Members, you heard the motion by Senator Williams. Is there any objection from any member? Chair hears none, and the resolution is adopted.

The members, the chair lays out the following resolutions: SR75, 76, and 78 by Senator Hinajosa. The secretary will read the resolutions.

PATSY SPAW: Senate Resolution 75 commending Ram Chavez, who served in the United States Army. Senate Resolution 76 commending Frank Alanais, who served in the United States Marine Corps, and Senate Resolution 78 commending Robert Bellejo, who served in the United States Marine Corps, by Hinajosa.

DAVID DEWHURST: Thank, you Madame Secretary. The chair recognizes Senator Hinajosa to explain the resolutions.

SENATOR HINAJOSA: Thank you, Mr. President and members. It is really such an honor for me today to introduce three wounded warriors from my hometown district, Corpus Christi. And these three wounded warriors served in Vietnam. And I empathize since I also served in Vietnam in the United States Marine Corps. And it brings back memories, names like Saigon, Drubai, Da Nang, Khe Sanh, Hue. And I appreciate y'all's service to our country. With us, we have Ram Chavez. Ram was wounded in action in Vietnam at Ben Chon district on May the 6th of 1968. And Ram Chavez got major awards and declarations for bravery in Vietnam. He received the U.S. Army Combat Medical Badge. He was awarded the Silver Star medal for Gallantry, he was awarded the Bronze Star medal with V for valor, he was awarded Purple Heart medal for wounded in action. Army Commendation Medal, Good Conduct Medal. This man served our country with honor and pride and now, he's before us.

Along with Ram Chavez, we have Frank Alanais, another wounded warrior from Corpus Christi. He served in the United States Marine Corps from 1966 to 1968 and so Alanais, a Marine Corps veteran, was wounded July 8th, 1967 at Jiu Ling, Vietnam. He made major awards, decorations. He was awarded the Purple Heart medal, Combat Action Ribbon, National Defense Medal, Vietnam Service Medal, Republic of Vietnam Medal with Valor.

Next to Mr. Alanais we have another wounded warrior, Roberto Callejo from Corpus Christi. And this wounded warrior served in the United States Marine Corps from 1966 to 1968. Mr. Callejo was wounded in the Khe Cho DMZ military demilitarized zone in Vietnam near the northern part of South Vietnam May the 8th in 1968. Major awards, decorations, Purple Heart Medal, Combat Action Ribbon, Good Conduct Medal, National Defense Medal, Vietnam Service Medal with three Bronze Stars, the Presidential Unit Citation, Navy Unit Commendation Medal and the list goes on and on. And these people, the soldiers, the warriors, fought for our country.

What's really amazing after generation after generation of Americans, every time we have to defend our country and fight for our way of life, we step up to the plate. From World War I, World War II, Korea, Vietnam, Desert Storm, Iraq, and now, Afghanistan. There's never a shortage of Americans who will step up and fight and are willing to die for our country. And our soldiers that we talk about are us, our families, our friends, our sons and daughters, our neighbors. It's really amazing that us, as citizens, were called upon to step up and fight for our freedom, defend our way of life. We do not hesitate, and step up and offer our life if necessary in defense of freedom.

And I'm very proud to be an American, to be associated with people like my three friends up here and all other soldiers who have fought for our country. So please help me honor and welcome and thank you for your service. Chavez, Alanais and Callejo. I'm proud to be an American, and I'm proud of your service to our country. Thank you.

DAVID DEWHURST: Thank you. Thank you, Senator Hinajosa. Members, you've heard the motion by Senator Hinajosa. Is there any objection from any member? Hearing no objection, the motion is adopted.

Members, the chair lays out the following resolution: SR No. 49 by Senator Davis. The Secretary will read the resolution.

PATSY SPAW: Senate Resolution 49 commending Master Sergeant Richard Rufert of the United States Army, by Davis.

SENATOR DAVIS: Thank you, Mr. President. I'm very pleased to introduce to the members today Sergeant Richard Rufert. Sergeant Rufert and I have a very special relationship that's developed over the course of the last year or so, and I'm so proud to introduce him to the members today. Like Staff Sergeant Lamar who I introduced earlier, Sergeant Rufert has suffered a combat-related injury prior to his retirement after 22 years of service. Sergeant Rufert is an infantryman and an Army Ranger. He served in 11 combat operations, including Operation Desert Shield -- Storm, Operation Enduring Freedom and Operation Iraqi Freedom.

Richard's family has made an incredible sacrifice on behalf of our country. His father was killed in Vietnam, his brother was killed while on duty in Somalia. Richard was given the opportunity not to continue his service because he was the last surviving male member of his family to carry on his family name, and he chose to continue regardless, because his duty to his country was so strong. Richard's sisters all served as combat nurses. They've all made incredible sacrifices for our country. Richard's son is currently serving in Afghanistan.

Last session working with Senator Van de Putte, we created a veterans court. Houston was the first area to have a veterans court followed very quickly by Tarrant County, and Richard was the first person in Tarrant County to go through that court system. Having suffered the consequences of his many tours of duty, Richard found himself in trouble with the law. And I'm so pleased that a veterans court was created to look very specially at instances where our combat men and women have found themselves in trouble with the law following their duty and because of traumatic brain injuries and post traumatic stress disorder. Richard entered the Tarrant County veterans court diversion program, and he recently became the first graduate of that program. And I was very proud to attend his graduation service.

As part of the diversion program, when our veterans have completed the obligations under that program, they are allowed to have their records expunged, and I'm very pleased to say that Richard was able to achieve that goal through a tremendous amount of hard work and effort on his part and through receiving the proper medical care and attention that was due him as a person who's given so much to us. I will never forget the day of Richard's graduation in the courtroom when Judge Carr said to him, "Sergeant Rufert, you are forgiven."

Those words are so powerful, the act itself so powerful, and the least we can do for our veterans who find themselves in the situation that Richard had found himself in. Today, Richard is serving as a peer counsel in the veterans court diversion program and doing an extraordinary job of guiding his colleagues through the system that he came through successfully as did he. He now aspires to be a chaplain, and he's in graduate school right now pursuing his ministerial degree. And he hopes to use that on behalf of veterans throughout the country to serve them in ways that he himself has been served and has been rescued.

Richard, it's an honor to have you on the floor with us today. We thank you so much for the incredible service that you've given to our country, and we're very, very proud to honor you through this resolution in the Texas Senate today. Thank you.

(applause).

DAVID DEWHURST: Thank you, Senator Davis. Members, you've heard the motion by Senator Davis. Is there any objection from any member? Hearing no objection, the resolution is adopted.

Chair lays out the following resolution: Resolution No. 69 by Senator Uresti. Secretary will read the resolution.

PATSY SPAW: Senate Resolution 69 commending First Sergeant Roberto Cruz Junior of the United States Army by Uresti.

DAVID DEWHURST: Thank you, Madame Secretary. Chair recognizes Senator Uresti. Please explain the resolution.

CARLOS URESTI: Thank you, Mr. President and members. As a father of a Marine, it is my great privilege to take part in honoring one of our wounded warriors at the capitol today. The soldiers that we acknowledge today all survived the horror of war, but none came away unscathed. We honor them for the extra miles they walked in duty to their country and for giving so much of themselves to benefit others. More than 8.7 million Americans were on active duty from August 1964 through March 1973 the era of Vietnam. Of that number, almost 2.6 million served within the borders of South Vietnam, some returning for more than one tour.

Like most of the others who served in Vietnam, First Sergeant Roberto Cruz, Jr. didn't wait for the draft. Born in McAllen, Texas, Cruz was the eldest of seven children, all of whom labor in the fields as migrant workers. Roberto joined the army in 1964 at the age of 17 to make a better life for himself and ended up making it a career. He served with the 1st Cavalry Division and the 5th Infantry Division and did two tours in Vietnam in 1965 through '66 and then again in '68 and '69. A 20-year military man, this warrior retired as a First Sergeant after receiving a Purple Heart for his injuries received in combat while doing recon for the 3rd Recon Marines. Members, please join me in thanking and saluting First Sergeant Cruz for his honorable service to our great country. Thank you.

(applause).

DAVID DEWHURST: Members, you've heard the motion by Senator Uresti. Is there any objection from the members? The chair hears none, and the motion is adopted.

Members, as you may or may not know, obviously, as I know you know, the budget, particularly in these tough times, is a priority. The House budget obviously led off this session. And the Senate budget, and its printing was delayed until the House budget could be finalized and printed. And so the LBB has been working diligently over the last several days to print the Senate budget, and as early as it was available was this morning. That's why we sent it to you this morning. Historically, I announce all committee assignments in one block. Today, I'm going to do something a little different and announce the appointment of the following Senate finance committee. And I've asked -- I asked all the senators to take a look at this base starting budget. The original -- I've asked Senator Ogden to, after you've had a chance to look at it, be prepared to hold his first hearing as quickly as possible, either the end of the week or at the beginning of the week or Monday. The chair announces the appointment of the following committee. The secretary will read the committee.

PATSY SPAW: Members of the Senate committee on finance: Senator Ogden, chair; Senator Hinajosa, vice chair; member Senators, Deuell, Duncan, Eltife, Estes, Lucio, Nelson, Patrick, Seliger, Shapiro, West, Whitmire, Williams, and Zaffirini.

DAVID DEWHURST: Thank you, Madame Secretary. I'm going to recognize Senator Ogden for a few words on schedule. And the remainder of the committee appointments will come out on Thursday, Friday the latest.

Chair recognizes Senator Ogden.

SENATOR OGDEN: Mr. President, members, the budget and the LBD budget summary is available to every senator and we will be asking this body later this week for permission to take up and hear this bill within the first 60 days. We need a four-fifths vote to suspend the constitutional rule. To do that, and assuming that you agree that we need to get to work on this budget, the most likely time that we'll begin is Monday with actually hearing the bill. But I know it's urgent and I think the best thing that we can do here in the Senate is to get started just as soon as possible and then start working for each and every one of our votes so we can get this bill to the floor.

DAVID DEWHURST: Thank you, Senator. The chair lays out the following resolution. The Secretary will read the resolution, SR79 by Senator Duncan.

PATSY SPAW: Senate Resolution 79 adopting procedures for the committee of the whole by Duncan.

DAVID DEWHURST: The chair recognizes Senator Duncan to explain the resolution.

SENATOR DUNCAN: Thank you, Mr. President and members. Senate Resolution No. 79 is a resolution that will resolve the Senate into a Committee of the Whole to take up and consider Senate Bill 14, which is the Voter ID Bill. Members, this is very similar to the procedure that we used last session to consider the -- I think it was also Senate Bill 14, if I remember correctly, the Voter Identification bill that we heard last session. It's the intent of the chair of the Senate Committee of the Whole to resolve into the Committee of the Whole today to simply lay out the bill but take no questions. We want the author of the bill will explain the provisions to the bill in the morning and you can question the author of the bill. We'll have resource witnesses available from several areas. And then we'll have invited testimony, public testimony, lay out amendments and then vote on the bill. We'll try to do that in due time. We'll make sure everyone has an opportunity to be heard during a reasonable period of time on that. With that explanation, Mr. President, unless there's questions, I move to adopt Senate Resolution No. 79.

DAVID DEWHURST: Thank you, Senator Duncan. I believe we have a question. For what purpose do you rise, Senator Van de Putte?

SENATOR VAN DE PUTTE: Mr. President, inquiry.

DAVID DEWHURST: State your inquiry.

SENATOR VAN DE PUTTE: Thank you, Mr. President. Thank you. First of all, we've had a wonderful afternoon recognizing the very people who have sacrificed so much to protect the right of our citizens and with the recognition of the wounded warriors our right to vote. And I'm confident that all of our 31 senators are united in protecting the fundamental right to vote, but confident that all of our senators are opposed to any form of voter fraud. We are committed to securing our election process and protecting the ballot box. But, Mr. President, I find myself in an odd position in being -- trying to ask an inquiry to establish a time line for the correspondence that occurred late last week. And so I did not know to address these questions to the president or to Senator Duncan.

DAVID DEWHURST: It would depend, Senator Van de Putte, on whether your question is to be addressed to the letter which I sent out on Thursday, or if it's to address the process with the Committee of the Whole, then I would ask that you hold that question and address that to Senator Duncan, if you would.

SENATOR VAN DE PUTTE: Thank, you Mr. President. Well, this actually is the time line of the actions taken by the president of the Senate as our presiding officer, so if you will allow me, Mr. President, when did the senators -- inquiry. When did the senators receive word that you were going to recognize Senator Duncan for a motion resolving into the Senate of the Committee of the Whole to consider SB14?

DAVID DEWHURST: The answer to your question, Senator Van de Putte, is that Thursday afternoon when Senator Frasier and I were in Washington meeting with different congressmen and women on the EPA, I found that the LBB was going to be able to finish the publication of the Senate draft budget. And I wanted several days for the senators to be able to read the budget, take a look at it. During an earlier time in which we were facing what we thought was the large shortfall, the session of 2003, we introduced the budget with zeros. And we decided this time that it would be more productive and more helpful to the members if we tried to set up a based budget.

At that time, on Thursday afternoon, in -- I spoke with my staff, I spoke to -- I had several conversations that evening with the dean of the Senate, Senator Whitmire, and I advised them that I would send a letter, although there was no requirement for me to do that. Again, there's no requirement. I wanted to give as much notice as I could that I'd like to bring up Senate Bill 14 this week.

And, again, although there's no requirement, I thought the best way was to send a short letter sharing with my colleagues what my goal was for this week as the new appropriation bill was being brought in today giving members several days to go ahead and take a look at it. That letter was distributed on Thursday afternoon. Now, 23 of the 31 offices signed -- signed off on the letter. And apparently, eight of the offices had closed earlier than their colleagues' offices had closed. Did I say that well? And so we -- we gave that to the offices, we pushed a copy under the door and made sure they had recognized that the importance of that letter to bring it to the members attention the next morning.

SENATOR VAN DE PUTTE: Thank you, Mr. President. Mr. President, I have another inquiry. What was the last action taken by the Senate on Wednesday, January the 19th?

DAVID DEWHURST: The Senate adjourned until today.

SENATOR VAN DE PUTTE: And before that last action was taken, Mr. President, there was a resolution passed by the entire Senate.

DAVID DEWHURST: You know, that was several days ago. If you could refresh my memory, Senator Van De Putte.

SENATOR VAN DE PUTTE: The resolution offered by the dean of the Senate, Senator Whitmire, Senate Concurrent Resolution 7.

DAVID DEWHURST: If you could refresh my memory as to what -- the Concurrent Resolution 7.

SENATOR VAN DE PUTTE: The Senate Concurrent Resolution 7 said, "Whereas Section 17, Article 3 of the Texas Constitution provides that neither house of the legislature may adjourn for more than three days without the consent of the other house, now therefore, be it resolved by the 82nd legislature of the state of Texas that each house grant the other permission to adjourn for more than three days during the period beginning Wednesday, January the 19th until Monday, January the 24th.

DAVID DEWHURST: I do remember that resolution and thank you for point out that that's Concurrent Resolution No. 7. And, my dear friend, what is your question?

SENATOR VAN DE PUTTE: The question is that since the Senate Concurrent Resolution was sent on -- was passed on Wednesday, January 19th for the Senate to resume its business on Monday and that your answer was that the senators were notified by your letter very kindly even though no requirement and that they were delivered to our house -- to our offices that we were notified that we would be resolving into the Committee of the Whole to consider Senate Bill 14, but that we were not notified until January 21st by our secretary of the Senate, Patsy Spaw, that we would be taking up very important legislation the very next day that we would meet. Our inquiry is that for the senators who represent minority districts are those districts in which voters will elect candidates of their choice that this does not allow us adequate time to prepare for such an important legislative bill. And therefore, we would ask that we would try to postpone this until we could get adequate time to prepare for this.

DAVID DEWHURST: Ms. Van De Putte, if your question -- your inquiry is whether or not Concurrent Resolution 7 was adopted pursuant to the Constitution that if the members are not going to be in session for three or more days that that's a requirement that each body passed such a resolution, yes, it was passed. So the answer is, yes, that resolution was passed. Now, do you have a different question?

SENATOR VAN DE PUTTE: Yes, Mr. President. Given the fact that the senators who represent minority districts and/or districts where minority voters play a determinant interest in electing the candidate of their choice, we're asking -- the inquiry at this time that insufficient time -- inadequate time to prepare for those who speak on behalf of minority voters is not given because it was the weekend and this is the very first day we're back would entertain an inquiry as to you would consider postponing for the consideration of our layout and Senate Bill 14 to give those senators who represent minority districts ample time to prepare.

DAVID DEWHURST: Senator Van D Putte, with all due respect, that's actually not a proper inquiry or proper parliamentary inquiry, but I will, out of respect, say that because -- I know your concern and other members' concern about their members -- their constituents, whether they be part of the minority population or majority population, that as much time as possible could be provided. That is why I dictated and sent a letter out on Thursday so that everyone would have, you know, Thursday night, Friday, Saturday, Sunday, Monday, and it's my understanding Senator Duncan does not plan on bringing up and going into the merits of the resolution today. So as of Thursday night, with a quick reading of the letter, I would assume that the 23 offices that received it notified their members of the schedule that I had laid out and so all the members knew this was coming Thursday night, Friday -- the 23 members, at least -- knew this was coming Thursday night, Friday, Saturday, Sunday and today. I think Senator Duncan's plan is not to even hear any testimony, invited or public, until tomorrow. But, again, we want to go at the pace the senators want to go to. We've discussed this in great detail in 2009. I think we -- there's ample record, but we want to make sure that if there's anything new, it's heard.

SENATOR VAN DE PUTTE: Thank you, Mr. President. In consideration that the legislation that was passed in the 2009 legislative session was a different bill that is being proposed, would you recognize me for a motion to postpone for further consideration of SB14 for one week to allow minority senators and senators who also speak on behalf of minority voters in this state to postpone to allow for adequate time to prepare for this very important legislation?

DAVID DEWHURST: Senator, the Senate Bill 14 has already been referred to committee. I think that's more of a proper question to Senator Duncan when the body is dissolved into a Committee of the Whole.

SENATOR VAN DE PUTTE: Thank you, Mr. President. I have no further questions or inquiries.

DAVID DEWHURST: Thank you very much, Senator.

Members -- the question -- I'm sorry, Senator Hinajosa, for what purpose do you rise, sir.

SENATOR HINAJOSA: Mr. President, will Senator Duncan yield for a question?

SENATOR DUNCAN: I yield.

SENATOR HINAJOSA: Senator Duncan, last session, we had a lot of testimony, witnesses, experts testified for the Committee as a Whole, on your resolution. Will we be able to adopt that testimony as part of the record?

SENATOR DUNCAN: Senator, I think I've spoken with many of you about that procedure, and I think what we will do is receive it into the record -- receive that record. We had a court reporter and there were -- we will receive that record into the evidence just like we would receive other evidence in. And that will be done when we open the -- after we lay out the bill and the Senator Fraser or whoever the co-authors have been able to address questions that other members may have, then we'll go ahead and start that part of the proceeding and that will be received in the record if offered.

SENATOR HINAJOSA: So I guess to have a complete record, we'll have the record during last session debate and testimony included as part of the testimony and witnesses and expert witnesses will be sent once we take up testimony for the Committee of the Whole.

SENATOR DUNCAN: Yeah. You'll recall we had that transcribed and it's in a booklet and so that will be in a form that will be able to be received into the record like other evidence.

SENATOR HINAJOSA: Thank you.

SENATOR DAVID DEWHURST: Thank you, Senator Hinajosa. Senator Ellis, for what purpose do you rise, sir?

SENATOR ELLIS: I'd like to ask Senator Duncan a couple of quick questions. Do you yield?

SENATOR DUNCAN: I yield.

SENATOR ELLIS: Senator Duncan, thank you for agreeing to let us submit the testimony from last session for the record. Now, you know there's a different bill, understand from the bill of last session. So the testimony would apply to the concept of reasons why we oppose it, but obviously, we wouldn't be able to get as much testimony in as quickly on this short fuse because it is a different bill I've been told by my staff. It's considerably different from the bill last session. You do understand that.

SENATOR DUNCAN: Well, I think the bill has a different concept than the one last session. You're correct.

SENATOR ELLIS: Yeah. I'm told this one's a bit more -- I mean, we'll get into it when we hear it, but I'm told this one is more restrictive. So the one last session was more akin to what Georgia was looking at. This one borderline with Indiana.

SENATOR DUNCAN: I believe the bill will speak for itself. I'm sure we'll have an opportunity to discuss whether -- you know, how it applies and how it's different during the debate.

SENATOR ELLIS: Could you comment, Senator Duncan, on why Committee of the Whole as opposed to your fine committee, as an example, which I sit on, State Affairs, why Committee of the Whole instead of your wonderful committee.

SENATOR DUNCAN: Well, this is a special order or can be subject to a special order. And if it is to be subject to a special order, it needs to go through the Committee of the Whole, and that's how that rule was designed and passed by this body in the last legislative session.

SENATOR ELLIS: Okay. So if it is a matter that would require a majority vote instead of our tradition of a two-thirds vote, it would go to a Committee of the Whole as opposed to normal standing or subcommittee of a Senate.

SENATOR DUNCAN: It could go either way -- either place.

SENATOR ELLIS: That's what I thought, but this one has some sense of urgency. I'm just wondering why Committee of the Whole as opposed to a committee -- any committee, your committee or some other committee.

SENATOR DUNCAN: That's just where it's been referred, Senator.

SENATOR ELLIS: Okay. And the vote on this adoption resolution would require majority or two-thirds vote?

SENATOR DUNCAN: A majority.

SENATOR ELLIS: Majority vote?

SENATOR DUNCAN: You may want to ask the parliamentarian, but I'm sure it's a majority vote. I'm not parliamentarian.

SENATOR ELLIS: If I might two parliamentarian inquiries, Mr. President.

DAVID DEWHURST: State your inquiry.

SENATOR ELLIS: What is the vote required to adopt this resolution?

DAVID DEWHURST: A majority.

SENATOR ELLIS: Okay. I'm just curious. I don't -- do we have a blocker bill yet? Things are moving so quickly. I just hope at some point we get one, but do we have a blocker bill yet.

DAVID DEWHURST: No, we don't. And as a resolution and on emergency call --

SENATOR ELLIS: A blocker bill would not apply?

DAVID DEWHURST: That is correct.

SENATOR ELLIS: Just in general, just wondering if it's coming. Things are moving so fast, I don't want to miss a day. And that blocker bill is not there, so I assume -- I got some ideas for a blocker bill.

DAVID DEWHURST: Well, I think you know as well as I do, but maybe the press doesn't know, but you and I know the rules have agreed to a two-thirds on all matters, but this is a continuation of the rule that was put in place by the senators in 2009 that this matter can be brought up by a special order.

SENATOR ELLIS: Because this could be a good blocker bill for the rest of the session. Thank you.

DAVID DEWHURST: I couldn't hear your last statement.

SENATOR ELLIS: I said this would be a good blocker bill for the rest of the session.

DAVID DEWHURST: Senator Gallegos, I think, was next. Senator Gallegos, for what purpose, sir?

SENATOR GALLEGOS: Mr. President, may I ask the author of the resolution a couple of questions?

DAVID DEWHURST: Does Mr. Duncan yield?

SENATOR DUNCAN: I yield.

SENATOR GALLEGOS: Senator Duncan, let me ask you. I'm looking at our Senate rules on procedures on Committee of the Whole Senate, it's rule 1304, and it says, "The rules of the Senate, as far as applicable, shall be observed in the Committee of the Whole Senate." Now, here's my question to you: We haven't adopted the procedures yet. That's what we're fixing to do; is that correct?

SENATOR DUNCAN: Well, the resolution lays out the basic procedures and then like we did last session, I'll certainly visit with anyone who wants to visit with me today or in the morning before we begin, but we'll have similar processes for moving forward and receiving testimony from invited and public witnesses.

SENATOR GALLEGOS: But my question was: They have been adopted yet; is that correct?

SENATOR DUNCAN: That's right.

SENATOR GALLEGOS: That's what we're fixing to do; is that correct?

SENATOR DUNCAN: We're about to adopt -- before you is Senate Resolution 79, which is identical to the one we used last session moving into a Committee of the Whole. And it sets forth the process -- the basic fundamental process for resolving into a Committee of the Whole and in accordance with to the rules. And then as chairman, I will have the prerogative to set forth processes to go through like we did last session to ensure a fair and orderly hearing.

SENATOR GALLEGOS: Senator Duncan, I understand that and I appreciate that, but Senator Ellis just said it's not the same bill that we heard last session, and I guess my concern here is since we have not even adopted the rules yet, so really nobody out there -- out there like let's say in my district, know what the ground rules are yet. So if I wanted to -- depending upon if these rules are adopted or not, you know, how can I tell my constituents, "Hey, you have to wait until we adopt the procedures in order for me to tell you what time to show up, in English, Spanish and Vietnamese in my district, and how the rules are going to be played and how can I tell them that if we have even adopted the rules and we start at 8:00 o'clock in the morning. Is that -- I mean, explain that to me.

SENATOR DUNCAN: Well, Senator, the bill has been -- actually there was notice layed out on the 21st of January, which was Friday at 11:00 -- a little after 11, right before noon.

DAVID DEWHURST: My letter went out on Thursday the 20th.

SENATOR DUNCAN: And so there has been more notice than we normally give on a bill in the regular session. And, again, it will be like last session. We will start at 8:00, and we will allow the members -- we'll allow Senator Fraser to lay out the bill or discuss and explain the bill. And then you can ask questions as long as you need to. And then we'll have invited testimony, both sides, we'll alternate. And then when that invited testimony is finished, depending on how many questions the members have, then we will move directly -- we have a Senate session that will be fairly brief tomorrow. We have some events that are important to members. We'll move back into the Committee of the Whole -- resolve back into the Committee of the Whole and hear testimony as necessary. And, you know, I'm not trying to rush that part of it. We will be reasonable. I think the goal would be to try to finish up as quickly as we can as the members develop a consensus about doing that.

SENATOR GALLEGOS: Senator, with all due respect, I just checked online. The only thing online is English about when the letter was sent and the meeting is online, but all it is is in English.

SENATOR DUNCAN: I haven't checked that, so I don't know. I'll take your word for it.

SENATOR GALLEGOS: My staff just told me it's English only.

SENATOR DUNCAN: I don't know that to be the case.

SENATOR GALLEGOS: Well, what my concern is to my Spanish speaking constituents that are legal that live in my districts and the other districts are represented and probably some of yours that can only understand Spanish and are citizens of this state that, you know, we have not let them know in Spanish or in my case, in Vietnamese also, that there's a hearing to be heard in the morning on the rights on their rights as far as voter ID. It's going to be held in the morning and they're to come to the capital from wherever, Lubbock, Texas. It's a long ride. And even if they have a ride or however they can get here, but not to explain it across the board in English, Spanish and Vietnamese, and anywhere else as the languages accordingly in your respective districts that these Texans do not know that this hearing is not going to be held in the morning until after we adopt these rules at almost 4:00 this afternoon. And I can send word back to them in English, Spanish and Vietnamese that there's a hearing to be held at 8:00 in the morning dealing with voter ID. It really concerns me, Senator. It should you. I've seen the demographics in your Senate district and you have a lot of Hispanics in your district. And so that -- it really concerns me on that these people do not know online or any other -- by newspaper or smoke signals or whatever that we can send them out there, that they do not understand that this hearing is going on at 8:00 in the morning and won't know exactly what the rules are. That's a grave concern to me, Senator, that these people do not know that there's a hearing going on tomorrow morning. I'm really concerned about that.

SENATOR DUNCAN: Thank you, Senator.

DAVID DEWHURST: Senator Whitmire, for what purpose do you rise?

MR.WHITMIRE: Will the gentlemen yield?

DAVID DEWHURST: Will Senator Duncan yield?

SENATOR DUNCAN: I yield.

SENATOR WHITMIRE: Senator Duncan, what I'd like to focus on for a minute, and I hope you're the right person, but can you help us understand why this has been, why this is an emergency? I understand the governor declared it, but you're certainly an insider and your the Chair of our Committee of the Whole if you're asked because I'm actually doing it at this moment, why is this an emergency and did you help to decide it was an emergency, or -- I'm just at a loss for --

SENATOR DUNCAN: I'm not advised --

SENATOR WHITMIRE: We just talked about the budget being so critical, and we're going to have to suspend with four-fifths, and I think it will get that support because I think that's what so many of our constituents are concerned about, so why are we spending our time on this today and why is it declared an emergency? Did you -- let me be specific. Did you declare it an emergency?

SENATOR DUNCAN: No.

SENATOR WHITMIRE: Well, can you help us understand why it was declared an emergency? And I ask you with knowledge that the next uniform election day, do you understand, is May 14th. Do you understand that? I mean we're not going to have an election till May 14th. So what fraud are you worried about between now and May 14th?

SENATOR DUNCAN: Well, Senator, you know under the Constitution, the governor has the prerogative to put items on the call for an emergency.

SENATOR WHITMIRE: Yes, sir.

SENATOR DUNCAN: And so that's not the prerogative of the Senate or the House. It's just prerogative of that office. And so you're questions to me as to why it is an emergency or why it is put on there, why it was put on the call, are not questions that I should venture to -- to answer. If you want my personal opinion, that's a --

SENATOR WHITMIRE: Well, yeah that's valuable. I mean --

SENATOR DUNCAN: I think --

SENATOR WHITMIRE: I mean, I wish Perry was here, I wish the governor was here.

SENATOR DUNCAN: So why I believe we should -- that this was a good opportunity for us to move forward is the fact that we are not in the throws of committee hearings where other businesses being delayed as a result of this very important and very contested issue. And so in my view, I think that the timing now will allow the members of this body more time to focus on this issue than we would normally have. Also, it will allow us to move forward without slowing down the process for other legislation and committee deliberations such as the committee on finance, state affairs and other standing committees that will be appointed here in the near future. So it seems to me, at least from a logical housekeeping perspective, it allows us to go forward at a time and focus solely on this debate while we're having it.

SENATOR WHITMIRE: So it's not that we're having -- so it's not, in your opinion, that we need to attack fraud this afternoon. I mean, there's not some fraud being committed that it's an emergency that we need to eliminate. Senator, you think we're kind of at a point in the session where we've got time to focus on it even though -- even though we got in our offices to a budget, which we're all focused on and prepared to be working on right this minute. And I bet if you held a vote right now, you'd get four-fifths to work this afternoon and let finance actually meet this evening. So even though that hasn't been declared an emergency and that's what's on everyone's mind, you believe that we ought to, during these moments when we can focus on your proposal or Senator Fraser's proposal, that makes it an emergency?

SENATOR DUNCAN: Senator, I told you when I began the dialogue that I'm not opining on why it is an emergency. My discussion with you is why I believe there is a procedural and a timing issue here that I think allows this body to deliberate on this important issue. And I do believe it's an important issue in the eyes of Texas that we take up, you know, a very popular issue in the state of Texas with our -- with all of our constituents, not just one side of the aisle. I think that we'll hear evidence that this legislative proposal is something that our constituents expect us to address.

MR.WHITMIRE: I don't --

SENATOR DUNCAN: And I believe we will address it this session and we have now the time -- unique in a session -- we have the time to be able to carefully deliberate, ask the questions we need to ask and then move forward into other legislative matters as the timing is appropriate.

SENATOR WHITMIRE: So I understand it's not your position that it's an emergency. It's just that you think it's the time in the session where we can focus on this topic --

SENATOR DUNCAN: Senator, I'm not expressing an opinion one way or the other on whether it's an emergency. That's not my role. My role --

SENATOR WHITMIRE: I asked and you wouldn't give me an answer just to your opinion was. I mean, if you had to prioritize the two as the most important issues, would you it this ahead of the budget?

SENATOR DUNCAN: I would put this -- as far as procedurally and being able to resolve it, I would say that it's time to do it and it's time to do it now as opposed to later in the session. I don't see any -- and then to focus on other issues, such as our financial -- the financial condition of the state and our budget going forward. We have other issues -- eminent domain -- we tried to pass that last session. We had a good discussion in this body and consensus there. There are issue that is need to go forward with regard to just general legislative considerations. So let's move here now and not take three or four days during that time to discuss this issue. We know what we're going to talk about in this issue. We know it's going to take some time, so let's just do it now.

MR.WHITMIRE: One matter of clarification and last question: Do you know if the budget has been declared an emergency by the governor?

SENATOR DUNCAN: I don't think there's any need to declare the budget an emergency simply because the process we have takes at least 130 days to get through. I don't think there's any need to --

SENATOR WHITMIRE: Well, it wouldn't require a four-fifths vote if we have voted yet.

SENATOR DUNCAN: Well, I've never seen -- if you believe that the budget can be passed in 60 days, I'm with you, but I don't -- as a hopeful person, but I don't --

SENATOR WHITMIRE: Okay. You've helped me understand at least you're opinion why we're moving forward at this time. Thank you.

DAVID DEWHURST: Thank you, Senator Whitmire. Senator Van de Putte, for what purpose do you rise?

SENATOR VAN DE PUTTE: Will the gentlemen yield for some questions?

SENATOR DAVID DEWHURST: Will Senator Duncan yield?

SENATOR DUNCAN: I yield.

SENATOR VAN DE PUTTE: Thank you, Senator Duncan. And thank you very much for your civility and the way that you have handled this and the way you always handle any issue on the Senate floor. Senator Duncan, my question deals with giving the importance of this. And the importance is that this particular issue has been deemed an emergency by our governor so that we can work within a certain time frame. And that time frame means that the legislature, as I understand it, gives us the ability to work with and pass something within the first 30 days. Is that really the true definition and purpose of the emergency?

SENATOR DUNCAN: Well, I think that's generally a reason to put it -- that is a reason that has been used to put it on an emergency call.

SENATOR VAN DE PUTTE: So this is an important issue. However, would you agree that this is a highly technical issue dealing with the most precious and fundamental right, which is the right to vote?

SENATOR DUNCAN: I think, like most the legislation we deal with here in this body, it has some technical aspects to it. But I don't think that they're such that they're, you know, any more technical than any other issues we deal with in the legislative process.

SENATOR VAN DE PUTTE: Well, as an emergency, I guess the Webster's defines emergency as an immediate call to action, an immediate or threat of danger or harm upon a call for assistance. And so, yes, it is an emergency for the purposes of a time line. And that's why I really wanted to ask you if you remember receiving the letter that I sent to you, to your office, hand delivered and via e-mail on Friday, January the 21st.

SENATOR DUNCAN: I remember receiving the letter.

SENATOR VAN DE PUTTE: And the letter addressed the concerns of the senators who represent districts in which minority voters elected the candidates of their choice and also who speak on behalf of many minority voters in this state and you received that letter.

SENATOR DUNCAN: I did.

SENATOR VAN DE PUTTE: And thank you very much for understanding and at least giving us a one-day delay having very difficult time trying to get ahold of anybody on a Friday and get the type of witnesses that we would need to have here on Monday, so I am thankful at least for the one day. But, Senator, do you understand the deep, deep concern that senators that -- who represent minority districts and where minority voters play a determinative role in electing the candidates of their choice have regarding the timing and the notice of a public hearing that has to deal with the basic right of casting a ballot?

SENATOR DUNCAN: Senator, I have a district that has a high population of minorities, and, you know, I understand the importance of this issue, but I also understand there's another side of the importance to the issue as well. There are members on this floor with constituents that believe that this is a matter of the highest priority, that is protecting the integrity of the ballot box. And so it occurs to me that we -- and I think many on this floor, probably -- that it's a -- it's time to take this up where we can carefully deliberate it and consider it. We did a nice job of that last session. It's not a new issue. The bills may be a little different, but we're -- it's not a new issue for us to be able to take up and debate in an orderly and professional way, as we did last session and as we will do this session. And we will have -- at least will not have the pressure of other legislative responsibilities on us during this period of time to be able to resolve these issues.

SENATOR VAN DE PUTTE: Thank you, Senator. My final question is: Since this is an emergency which allows us to work and pass something within the first 30 days, we are doing it within the next few days of giving notice of this item of being placed on a emergency call status. Do you think that this time line provides enough notice to the affected communities, including latino, African Americans, our senior citizens, Texans with disabilities, stay-at-home moms and our students? Do you believe that the timing of this particular resolution will -- gives proper notice to those affected communities that will be impacted most by this legislation?

SENATOR DUNCAN: Senator, I believe that this layout probably has provided more time to all Texans to hear -- to be a part of this process than most other bills we consider in the legislative process. And so I guess based on that objective view, I think we have provided adequate notice to -- as we normally do and consistent with how this Senate works, and how the House works, even, with regard to taking up testimony on this bill.

SENATOR VAN DE PUTTE: Thank you, Senator Duncan. I appreciate your candid answers. And with all due respect, when this issue was placed before us in the 2009 legislative session, we had almost six weeks to prepare because it was not an emergency item. Although it is the same invalid integrity and voter fraud, it is a different bill. And this is within a week's period, within a few days' period. But I agree with you that this is important. I guess that the concerns of those senators who represent those particular affected communities is that the time line doesn't afford us the opportunity to get the preparedness necessary for such a fundamental change in basic voter rights. Thank you, Senator Duncan, for your answers.

DAVID DEWHURST: Thank you. For what purpose do you rise, Senator West?

SENATOR WEST: Thank you very much, Mr. President. I have some questions of Senator Duncan.

DAVID DEWHURST: Will Senator Duncan yield?

SENATOR DUNCAN: I yield.

SENATOR WEST: And it may or may not be -- it may very well be the parliamentarian -- Senator Duncan, what would be the appropriate time to ask for a motion to delay consideration of this bill? I assume that once the resolution is passed and before the bill is layed out for the committee.

SENATOR DUNCAN: Right.

SENATOR WEST: Okay. And at that time, I would like to make that motion. Now, if indeed this bill pass, which it probably will, it will be the first bill to pass the Senate; is that correct?

SENATOR DUNCAN: Well, I don't know.

SENATOR WEST: I mean --

SENATOR DUNCAN: There are other matters on -- that are on the call and this bill would certainly have a committee hearing pass, but I don't know which bill vote will.

SENATOR WEST: But it's the first bill that's being considered by any committee, though, right?

SENATOR DUNCAN: I think Senate Bill 1 was referred to the appropriations committee today, so it's one of the earlier bills. Let's put it like that.

SENATOR WEST: Based on a I heard about Senate Bill 1, we're going to take that bill up -- the committee will start hearing it next Monday, and if everything goes according to plan to this bill, it will be heard -- we'll take this up tomorrow.

SENATOR DUNCAN: Correct.

SENATOR WEST: It will be a fair statement to say this is going to be the first bill that's going to be considered by a committee of the Senate at least.

SENATOR DUNCAN: I would assume that if that schedule holds correct or true that would be correct.

SENATOR WEST: Okay. And kind of refresh my recollection on this. Last session, we spent about -- what, 36 -- 50 -- 120 hours on this bill? How long did we spend on this bill last summer?

SENATOR DUNCAN: Twenty-six hours.

SENATOR WEST: 26 hours? And you recall some of the senators having to go back in the back room to sleep and everything during consideration of this bill?

SENATOR DUNCAN: I never went to sleep.

SENATOR WEST: Never went to sleep? Okay.

SENATOR DUNCAN: I don't know that anyone else did either.

SENATOR WEST: Well, I mean, the reality is we had to go back and kind of refresh ourselves. Let me put it that way. And that was a continuous debate concerning this issue, correct?

SENATOR DUNCAN: It was a long, continuous debate.

SENATOR WEST: Okay. And.

SENATOR DUNCAN: A detailed, continuous debate.

SENATOR WEST: Okay. And as I understand it, all of the testimony from 2011 is being admitted -- you plan to admit that back into the record -- in 2009 -- you plan on admitting that into the record of the Committee of the Whole when we consider it.

SENATOR DUNCAN: When it's offered, it will be received into the record.

SENATOR WEST: As well as the bill. And I assume the bill, though, is being considered.

SENATOR DUNCAN: When it's offered it will be received into -- there's no reason why it wouldn't be received into there.

SENATOR WEST: Got you. Okay. When we dealt with voter ID last legislative session -- now, obviously, everyone has difference opinions concerning this particular issue -- it was a pretty partisan issue. Would you agree with that? And let me --

SENATOR DUNCAN: Well, many issues here are partisan.

SENATOR WEST: Well, you think many issues here are? I would say a couple issues here are. Normally, redistricting and anything dealing with voting is always partisan, but in many -- maybe some abortion issues and things like that, right issues, but most issues I don't see as partisan, I see as geographical and otherwise. But let me get back to this point. This -- when we passed this bill last session, all the Republicans voted one way and the Democrats voted one way, is that correct? Do you recall that?

SENATOR DUNCAN: You know, you would have to show me the record, but I recall that being a close -- I think that may be right.

SENATOR WEST: Wouldn't you define that as partisan, Democrats voted one way and Republicans are voting the other way.

SENATOR DUNCAN: Well, that's a pretty objective way of determining that.

SENATOR WEST: That's a pretty objective determination of partisan right? And I know the makeup of the House is different this time around, but what we did in the Senate by passing the voter ID bill last session kind of put a cloud over the entire session.

SENATOR DUNCAN: I disagree with that. I really do disagree.

SENATOR WEST: Why would you disagree with that?

SENATOR DUNCAN: Well, you know, I didn't see the spins off that many would suspect. In fact, I thought the body handled itself as well as it could under that sort of situation and such a divisive issue, partisan issue, whatever you want to make it. But I thought the members on both sides of the aisle acted with the utmost respect and courtesy and respect for this body. And I felt -- at least in my perspective, I didn't perceive that there was a carryover or a cloud over the Senate as a result of that process.

SENATOR WEST: There was a cloud over the legislative body, because the House Democrats went about killing voter ID and there were budgetary issues that we didn't take up. Do you remember some of those sunset bills?

SENATOR DUNCAN: Having served in the House, I understand that sometimes they do things a little differently than we do over here, not that that's good bad or ugly, but --

SENATOR WEST: I understand elections have consequences.

SENATOR DUNCAN: They certainly used their parliamentary procedures to be able to kill the bill and perhaps that was partisan as well.

SENATOR WEST: Well, I'm pretty sure it was. It was Ds against Rs. Don't you agree with me? You and I get together on a lot of things, and this may very well be one of these issues where people have to put on their red jerseys and blue jerseys. That's what America is sick and tired of -- red jerseys and blue jerseys. And so I'd be willing to bet you the Democrats will put on their blue jerseys and Republicans will put on their red jerseys and it will be more of the same that we've hall in the past. How much you want to bet? I'll bet you a steak dinner.

SENATOR DUNCAN: Well, I'll tell you, maybe in here it's red and blue, but I think if you go out into this state and you talk to people, whether they're wearing a red jersey or a blue jersey, they're going to say that voter integrity and identifying yourself at the poles is a priority and an important issue. And it has no -- it has no definition of whether you're a Republican or Democrat. Republicans and Democrats both need to be protected from voter fraud.

SENATOR WEST: And I agree with you.

SENATOR DUNCAN: This bill is what is being presented as a method to do that. Now, you can agree or disagree with it, but that may not be partisan, or, in fact, it may be partisan. I don't know.

SENATOR WEST: Okay. Now, let's talk about this for just one second. Is there any objective evidence there's any fraud associated with identification? I believe the testimony from last session that there was really no objective evidence that there's any fraud associated with identification. And I -- but I agree with you that we've got to make certain that people who are supposed to be voting have an opportunity to vote and that we've got to make certain that there's no fraud.

SENATOR DUNCAN: But I --

SENATOR WEST: Let me finish for one second if you don't mind.

SENATOR DUNCAN: Okay.

SENATOR WEST: We've got to make certain that people who are supposed to vote have an opportunity to vote, and we've got to make certain that people that are supposed to vote are not dissuaded from voting also. So if we're talking about fraud, why don't we deal with the fraud element, because -- I don't know, maybe you can show, point to -- is there any objective evidence at all that suggests that we're having a problem surrounding voter fraud through identification.

SENATOR DUNCAN: Senator, I listened very closely to the evidence last session and I do recall there being on objective evidence to fraud. I recall there being objective evidence of people voting who had not been alive for a while. And of course, that's been the history -- we've had that history in this state for a long time. But we're not here to debate the evidence, you and I, right now.

SENATOR WEST: I just thought maybe we were getting into it.

SENATOR DUNCAN: But we're having fun. But -- and, again, I think we can debate that evidence or debate those issues when that evidence comes in, depending on what evidence comes in in the Committee of the Whole. But we're going to have an opportunity to have this discussion as necessary to ensure that we're passing the right bill for the state of Texas.

SENATOR WEST: And I understand that. But, again, it's just the tone that we're setting from the very beginning putting red jerseys and blue jerseys on passing one of the most partisan issues -- and I recognize that it's going to become its own later anyway.

SENATOR DUNCAN: I just disagree with you.

SENATOR WEST: Let me finish, let me finish, though. Let he finish. Let me finish. I just -- from my perspective, I think the vote is going to be all Republicans will be in favor of it and all Democrats will be against it and I'll bet you a steak dinner, I'll fix the steaks, okay, and it's setting a tone again for this legislative session, a tone that I don't think we need to be setting but that's just one senator's -- that's just one senator's --

SENATOR DUNCAN: I will answer your question saying this is that while in this room, it may be partisan or in this capital. I believe among the people of the state of Texas, it's not a partisan issue. It is a voter integrity issue.

SENATOR WEST: Okay and I agree. I understand what you just said, but if we had the opportunity, those of us that represent Democratic districts, we would be able to bring testimony up here that it's not that way. If there was any reasonable objective evidence -- I'm not talking ability way back in the past, I'm talking about recent evidence of voter ID fraud -- then, you know, we deal with that issue. But I disagree with you when you say that old -- depending on how you ask the question, you're going to get a response that you just made. But if you really ask the question based on a predicate that establishes that historically here in recent -- here recently we haven't had those types of issues, then the question becomes: What are we doing? And the bill that's going to be considered is probably one of the most harshest bills as it relates to allowing individuals to use different forms of identification in order to vote. Why would we do that?

SENATOR DUNCAN: Senator, the beauty part of this floor and this process is we're going to have the opportunity to debate that issue because it is -- we are elected to come here and debate and deliberate those issues and then pass laws that will protect the integrity of the ballot box and other issues. So I -- my point here is let's move into the Committee of the Whole. Let's do what we do best and this in this body is debate and deliberate and then let's come to a conclusion and move on to the many other important issues that are important.

SENATOR WEST: And I recognize we need to do that, but what I'd ask you to do let's make certain we start keeping score, though. How many times we put our red jerseys and our blue jerseys on --

SENATOR DUNCAN: Okay. We'll --

SENATOR WEST: And not do what's in the best interest of the state of Texas, but --

SENATOR DUNCAN: You and I will do that.

SENATOR WEST: But the best interest of the citizens opposed to doing the best interest of a political party or -- or -- a political party.

SENATOR DUNCAN: At the end of the day, we'll decide whether or not this really is a red or blue issue.

SENATOR WEST: Thank you, Mr. President.

DAVID DEWHURST: Thank you, Senator West. Senator Davis, for what purpose do you rise, ma'am?

SENATOR DAVIS: Thank you. Question for Senator Duncan, please.

DAVID DEWHURST: Will Senator Duncan yield?

SENATOR DUNCAN: I yield.

SENATOR DAVIS: Senator Duncan, I just want to make sure that I clearly understand how we're going to proceed tomorrow and the day after if we go into the day after. I know Senator Hinajosa asked you a question about entering into the record all the testimony from last session and, of course, we were able to gather that testimony because we had a court reporter here during the entirety of the proceedings and we created a journal record of the entirety of those proceedings, including the conversation or the dialogue that was had on the resolution itself. And I rise to ask you whether it's your intention as the chair of the Committee of the Whole that that's how we will conduct ourselves procedurally again this time.

SENATOR DUNCAN: It is. We have lined up a court reporter. I think actually the same court reporter service who -- I thought they did a nice job last session. And we will follow the same process. I don't see any need to change what we did last session. Everyone knows what it was, and everyone, I think, worked very well within that process.

So there will be no changes we'll have time limits. Last session -- last time, we had ten minutes for invited testimony. I think Senator Van de Putte had a witness that needed more, we allowed that. The public testimony will be given three, which is consistent with what we do in most of our standing committees. And then we will not question witnesses during their time period. We'll allow them to provide their testimony in full within their time limit both invited and in public. And then once their time is expired or they've concluded, we'll allow them -- or the members will be able to allow -- will be allow -- recognized for any questions that they may have.

SENATOR DAVIS: Thank you, Senator Duncan.

DAVID DEWHURST: Thank you, Senator Davis. Senator Gallegos, for what purpose do you rise?

SENATOR GALLEGOS: Just for one final question of the author.

SENATOR DAVID DEWHURST: Will Senator Duncan yield to Senator Gallegos?

SENATOR DUNCAN: I yield.

SENATOR GALLEGOS: Senator Duncan, let me -- on your -- on your resolution and the procedures or anything, I just want to make it clear that we will -- outside of the special order on the majority vote on this bill, are we going to be following -- and I'm looking at the Senate rules -- outside of that special order, we will be following all the rules that are in this -- in our Senate rules?

SENATOR DUNCAN: I think the special order rule says that the Senate rules apply as applicable, and so we'll follow that rule. But I can't tell you right now what that means until there's something that's proposed, either a point of order or a parliamentary inquiry on a specific issue as it arises. So, you know, I hate to get into the speculative part of what's going to be without really know what's being developed so --

SENATOR GALLEGOS: Well, we talked about procedures, Senator. I am just asking --

SENATOR DUNCAN: Yeah.

SENATOR GALLEGOS: Are we going to follow -- you know, that's --

SENATOR DUNCAN: Well, that's what I'm try together answer for you.

SENATOR GALLEGOS: I mean, are we going to be following the -- outside special order -- I understand that. Are we going to be following the rules of the Senate?

SENATOR DUNCAN: I just gave you my answer, Senator.

SENATOR GALLEGOS: You said as the -- well, I mean, that's open ended. That's not giving me an answer.

SENATOR DUNCAN: Well, I can't answer your question specifically with regard to whether or not an issue is going to be -- the rules will be applicable to it. So I will follow the rule as it's -- the rules as it's written. And so that's the best answer I can give you on that.

SENATOR GALLEGOS: So you're saying we're going to have to play it by ear.

SENATOR DUNCAN: No. I'm telling you I'll follow the rules and whenever an issue comes up, we will -- we will consider whatever inquiry or whatever point of order someone wants to raise.

SENATOR GALLEGOS: All right. Let me rephrase my question. As of right now, you're saying that we are going to follow the rules in the Senate handbook unless an issue -- whatever it is -- comes up, and then -- and then it's up -- it's up -- it's going to be up to the chair or the parliamentarian?

SENATOR DUNCAN: I think if you'll read Senate Rule 1301, I believe, it says the Senate rules apply as applicable. That's Senate Rule 1301, so we're going to follow Senate rule 1301. And so as issues come up, if the Senate rules apply to that, well, the Senate rules will govern that issue. If the Senate rules don't apply to the inquiry or the point, then the Senate rules will not apply to that. It's just a matter of as we go through and depends on what the issue is or the objection is raised by the members.

SENATOR GALLEGOS: And that is in your resolution?

SENATOR DUNCAN: Well, it's in the rules of the Texas Senate. It's Rule 1301, I believe.

SENATOR GALLEGOS: Okay.

SENATOR DUNCAN: Is that all?

SENATOR GALLEGOS: Okay. Thank you, Senator.

DAVID DEWHURST: Senator Williams, for what purpose do you rise, sir?

SENATOR WILLIAMS: Parliamentary inquiry.

DAVID DEWHURST: State your inquiry.

SENATOR WILLIAMS: Mr. President, my parliamentary inquiry is: Would a motion to postpone be in order once we're resolved into the Committee of the Whole?

DAVID DEWHURST: Senator Williams, we have not resolved into the -- into the Committee of the Whole. I am reticent to rule on that. I would rather defer that to Senator Duncan. Regardless, after we've been in a Committee of the Whole, if that matter comes up after we're back into committee, then I will have to rule on that.

SENATOR WILLIAMS: Thank you, Mr. President.

UNIDENTIFIED SPEAKER: Mr. President, parliamentary inquiry.

DAVID DEWHURST: State your inquiry.

UNIDENTIFIED SPEAKER: May we approach?

DAVID DEWHURST: Yes.

(Senators approach bench. Private conversation.)

DAVID DEWHURST: If I understand correctly -- if I understand correctly, member Senator Williams withdraws his parliamentary inquiry. Thank you.

SENATOR DUNCAN: Mr. President.

DAVID DEWHURST: Yes, Senator Duncan.

SENATOR DUNCAN: Could I just clarify what we were talking about?

DAVID DEWHURST: Yes, please.

SENATOR DUNCAN: Because we -- Senator West and I had a discussion on the floor that -- with regard to whether or not the chair of the Committee of the Whole could consider a motion to either postpone or a motion to withdraw from consideration, and I think the correct ruling would be that the chair of the committee cannot -- of the Committee of the Whole cannot do that. And I want to clarify that issue before we move further into the discussion of the resolution.

DAVID DEWHURST: Thank you, Senator Duncan. Members, the question before us is the adoption of the resolution. If there's no one else that wishes to speak, the question before us: The adoption of the resolution. The secretary will call the role.

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinajosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

DAVID DEWHURST: Members, there being 18 ayes and 12 nays, the resolution is adopted.

It -- I'm going to go ahead and move -- pursuant to the resolution previously adopted, the Senate resolves itself into the Committee of the Whole for the consideration over Senate Bill 14. I'm going to ask that the Senator from Lubbock, Senator Duncan, take the chair for the duration of the proceedings in the Committee of the Whole. I know that Senator Duncan, as well as I, are sensitive to our Democrat colleagues, and I think there's a function a many of you want to go to, so I don't think this is going to last but a couple minutes more. Okay.

SENATOR DUNCAN: The Committee of the Whole Senate will come to order. The secretary will call the role.

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinajosa, Huffman, Jackson, Lucio, Nelson, Nichols,ology again, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini, Mr. President.

SENATOR DUNCAN: Quorum is present. The first order of business, the Chair will lay out Senate Bill 14 pursuant to the Senate Resolution 79. So the Chair at this time weighs out the Senate Bill 14. Secretary, I don't think, needs to read the caption, but would you for the record?

PATSY SPAW: Senate Bill 14, by Fraser et al. will raise requirements to vote including presenting proof of identification, providing criminal penalty.

SENATOR DUNCAN: Senator Fraser, I have a question of you. Do you have a committee substitute or are you going to explain tomorrow morning the full bill?

SENATOR FRASER: There will no be a substitute. The bill that has been passed out and filed will be the bill before us.

SENATOR DUNCAN: Thank you, Senator Van de Putte, for what purpose?

SENATOR VAN DE PUTTE: The inquiry, Mr. President, of the Committee of the Whole. Don't know whether to refer to you now as Mr. President or Mr. Chairman of the Committee of the Whole --

SENATOR DUNCAN: I think --

SENATOR VAN DE PUTTE: I wanted our parliamentarian and what is the proper --

SENATOR DUNCAN: Mr. Chairman.

SENATOR VAN DE PUTTE: Mr. Chairman. Mr. Chairman, the inquiry is: As we proceed tomorrow morning, will -- at that time, does the -- should we be advised as any members to hear testimony and should senators, should they want to prepare amendments, be so advised that the author of Senate Bill 14 would prefer that we have our amendments ready tomorrow or the next day or -- I'm asking how do we proceed for those who would wish to offer amendments?

SENATOR DUNCAN: Well, Senator, I would assume that, you know, the bill will be taken up in the committee once the procedures are finished. In other words, once we conclude our invited testimony and we conclude the public testimony, then the bill will be layed out to be considered and amendments will be considered at that time. I cannot tell you when that will happen, so it would probably be wise to go ahead and be begin preparing amendments. But we are -- we do not have a deadline for filing amendments and will not -- I don't intend to adopt a deadline for filing amendments. But just be aware that whenever the public testimony is concluded and we're done with that part of the process, then we will take the bill up for consideration and amendments can be offered at that time.

SENATOR VAN DE PUTTE: Thank you, Mr. Chairman. Mr. Chairman, another question. It is -- is it my understanding that it is the intent to start tomorrow morning at 8:00 with public testimony being able to be -- they can start registering at 7:30 a.m.?

SENATOR DUNCAN: Very good, Senator, yes. It's our intent that to allow the public to begin registering in our process to testify tomorrow at 7:30. And let me lay that out a little more specific so everyone will have notice. Tuesday at 7:30 a.m., the registration desk for all of those who wish to testify will open in front of the Senate chamber. And the front of the Senate chamber is back here toward the rotunda. Upon a witness' completion of a registration card and its return to the front desk of the chamber, they may remain at the capital and watch the proceedings from the Senate gallery, which is on the third floor. These visiters may also depart the premises and return when the public testimony is scheduled. Now, I will say this: More likely than not in the morning, before we go into session at 11, we will not reach public testimony. I think the first part will be the members asking questions of Senator Fraser or other co-authors, and then we will begin -- after that, we will begin with our invited testimony. I will propose that we have 10-minute limit like we did last time on invited testimony with alternating witnesses. Once we complete that, we'll move into the public witnesses, and those witnesses will be allowed on the Senate floor and have a three-minute limit. We'll adopt those tomorrow. And I want to make sure everyone's comfortable with that before I do it. But bottom line is that's how we will proceed. I will say this: We will strictly enforce the Senate rules on decorum, that's Senate Rule 3.04 and 3.05, just like last time. But the bottom line here is at the end or at the -- on the second floor, on the front of the Senate hall, we'll have registration beginning at 7:30 for public witnesses, public testimony.

SENATOR VAN DE PUTTE: Thank you, Mr. Chairman. Mr. Chairman, what time allotment are going to be the restrictions for public testimony?

SENATOR DUNCAN: The public testimony will be three minutes. That's consistent with what we do in most of our standing committees. You may do that. I know in State Affair,s, we do that as well.

SENATOR VAN DE PUTTE: Thank you, Mr. Chairman. And Mr. Chairman, just for the record, upon receipt of the letter last Friday notifying the senators of your intent to bring Senate Bill 14 to a Committee of the Whole today, I informed the Texas Democratic Party that is having an event this evening with many of the senators attending that we would not be attending should we be voicing our constituents' concern on the Senate floor. So I want to thank you for that recognition that we do have an event, but want to make it very clear that our first respondent and we are prepared to stay. If today, we are supposed to be staying, we will stay today.

SENATOR DUNCAN: I understand that, Senator and we will -- we will begin at 8:00 in the morning, and I look forward to a long, productive day as we usually do. I don't know how late we will go. That will depend on a consensus that we develop throughout the day after hearing testimony.

SENATOR VAN DE PUTTE: Mr. Chairman, is it your intent, then, to continue with public testimony, expert testimony first, question of the author in the morning, expert witness testimony, public testimony and then to continue until we finish and then vote out of the Committee of the Whole Senate Bill 14 tomorrow?

SENATOR DUNCAN: Tomorrow? I can't answer that right now. We'll just have to wait and see how many -- how many witnesses that we have testify and see what the consensus of this body is at the time that we reach the conclusion or near the conclusion of the testimony.

SENATOR VAN DE PUTTE: Thank you, Mr. Chairman.

SENATOR FRASER: Mr. President.

SENATOR DUNCAN: Senator Fraser.

SENATOR FRASER: If you would allow me to comment on a question that was asked by Senator Van de Putte, the amendments coming forward. At this time, we're not planning on requesting a time start or amount of time in front on amendments, but I guess the question I would ask of you is that the number of amendments that potentially might be coming forward, because obviously, as you know, when you're considering a bill, if you have amendments that you think possibly might be accepted, the more time we have to look at them, obviously, the better. So my request would be that any amendments coming forward if you could give us some time to look at it to make sure we understand what the amendment does. So the -- if there's just a few, I don't think it's big a problem. If there's numerous amendments, then we would like as much time as possible.

SENATOR DUNCAN: Senator Ellis.

SENATOR ELLIS: Just a couple of questions, Mr. President. And maybe you or Senator Fraser may be able to answer this. I -- in terms of the process, there will be invited testimony, right?

SENATOR DAVID DEWHURST: There will be.

SENATOR ELLIS: And in State Affairs, the way you on contentious issues from time to time, even when we know your committee, we can guess how most members are going to vote, you generally have some invited testimony from both sides. So I'm guess I'm asking a question and making a suggestion so that some of the people that have an opinion and are experts who will be opposed to the bill, it would be good if we could give you a list with some of those names so they don't have to sign up and wait. Even it might be helpful for members to decide on some of the amendments that they might be persuaded to vote on. If some experts from the opposing side are also given the abdominal to speak this some predetermined order instead of just getting here at 7:30, signing up and waiting to see if they come up in some particular order. Just a question and a suggestion maybe to stimulate a little dialogue and maybe something that will be helpful to all sides. If you have a position on the issue, I'm sure there's still something you can learn.

SENATOR DUNCAN: Senator, we're going to do that. We'll have a list of witnesses and we'll go efficiently through --

SENATOR ELLIS: Senator, what you do in State Affairs. What I'm saying is so not just for and against, but if we have four or five -- if there are four or five experts on pro side we would like to have a comparable number on the opposing side to speak first. You get me? You know how you normally do panels or whatever in State Affairs if it's a contentious issue before we just go to a lot of our constituents who may just come up pro and con.

SENATOR DUNCAN: I will consider that, Senator.

SENATOR ELLIS: All right. Thank you.

SENATOR DUNCAN: Senator Estes.

SENATOR ESTES: Thank you, Mr. Chairman. To kind of follow up on what Senator Ellis asked, usually before a hearing, we're given the names of those invited guests or the different agencies etc. And it may be a question to ask of Senator Fraser, but do we have those invited guests yet? Is that known?

SENATOR DUNCAN: We do. We will -- at least at this point in time, as far as resource witnesses. These will not be witnesses that will testify, but will be available to answer your questions with regard to technical issues arising from the bill. We have David Maxwell, who's Deputy Director of Law Enforcement in the office of the Attorney General, Anne McKeon, Director of Elections, Secretary of State and Rebecca Davio, Assistant Director of Driver's Licenses with the Texas Department of Public Safety. I know those are witnesses that have been requested by both sides to be here as technical resource witnesses and they will be available for us throughout the day. Then of course you will have our invited testimony. They'll go in as we as we normally do, one for one against or one on, whatever, but the bottom line is we'll have an orderly process there as well.

SENATOR ESTES: Very well, Mr. Chairman. Another question. I have been reviewing the bill analysis I don't -- I notice there's no fiscal note. Do we know if there's a fiscal note attached to this bill?

SENATOR DUNCAN: There should be a fiscal note.

CRAIG ESTES: Okay. I guess we don't have it yet. But there is a fiscal note?

SENATOR DUNCAN: I'm advised that there is a fiscal note.

CRAIG ESTES: Very well.

SENATOR DUNCAN: Senator Gallegos.

SENATOR GALLEGOS: Mr. Chairman, let me ask you on the -- you said for the public, it's going to be -- the desk will be right outside?

SENATOR DUNCAN: Yes.

SENATOR GALLEGOS: Okay. Let me -- on the clerks that are --

SENATOR DUNCAN: You're pointing to the hall. Closest to the rotunda, not the back hall or the hall here by the Lieutenant Governor's office, but the hall that's out here the front, which is considered the front of the Senate, on nearest the rotunda.

SENATOR GALLEGOS: All right. And there will be clerks there that will be able to speak Spanish?

SENATOR DUNCAN: Senator Gallegos, we are making arrangements for that.

SENATOR GALLEGOS: Okay. And Mr. Chairman, that -- the citizens that want to come up and testify, and let's say it's going to be a long day tomorrow, that at least the clerks can tell them, look, if you can't stay a certain time, at least you can register and checkoff, you know, I am for or against the bill, that they understand that when they register. That way, they don't have to -- if we know -- if they know they're not going to be here until the end until public testimony is going to start, they can at least register and -- or -- and this is what I was going to ask, Mr. Chairman: If -- if they don't get a chance, if they have to leave, is there going to be a time limit on letters that can be submitted, you know, in lieu of testimony on the people that can't get here.

SENATOR DUNCAN: I'm -- we can receive testimony by a written testimony and, you know, as soon as you can get it here, the better.

SENATOR GALLEGOS: Well, no, no. I understand. But are you going to put a time limit on written testimony after that?

SENATOR DUNCAN: Well, we will consider -- we will consider the time limit on written testimony as we complete our work on the bill.

I think I'm advised by the parliamentarian that someone has to be here present in order to provide written testimony before the committee.

SENATOR GALLEGOS: So you won't take any written testimony? Let's say somebody calls me and says that they can't get here, you won't take any written testimony?

SENATOR DUNCAN: No. A Senator can enter the record later if they wish -- or enter that letter or document or statement of record.

SENATOR GALLEGOS: But is there a time limit -- is there a time limit when I can submit it for my constituent or any other constituent?

SENATOR DUNCAN: Well, it's just a timing on the bill. I mean, you'd want to get it in before the bill's heard.

SENATOR GALLEGOS: But I'm saying but are you going to set a time limit on it?

SENATOR DUNCAN: We're not -- until the bill's voted out of the Senate.

SENATOR GALLEGOS: Okay.

SENATOR DUNCAN: Or I'm sorry. Out of the committee. Out of the committee.

SENATOR GALLEGOS: Out of the committee or out of the Senate?

SENATOR DUNCAN: Once the bill is reported out of committee, we cannot take further evidence. But once the bill -- while -- as long as the bill's in committee, it can be submitted by a Senator. The evidence or written statement can be submitted by a Senator into the record. But once we rise and report and vote the bill out of the committee, the time -- that will be the time, the time will have passed.

SENATOR GALLEGOS: So -- okay. Let's say we're out of the committee. The bill's on the floor. If I have a stack of letters, will that be -- can I introduce that before the vote?

SENATOR DUNCAN: Not into the committee record because the bill will not be in the position of a committee at that time. It would be in another position.

SENATOR GALLEGOS: I can -- wait a minute, wait a minute, wait a minute. I cannot submit letters as part of the record?

SENATOR DUNCAN: Senator.

SENATOR GALLEGOS: Let's say I speak against it and --

SENATOR DUNCAN: Let me be clear.

SENATOR GALLEGOS: I want the following letters submitted as part of the record.

SENATOR DUNCAN: Let me be clear. We are resolved into the Committee of the Whole. And while we are considering the bill in the Committee of the Whole, people can come and testify and submit written testimony personally and it will be received. If they can not be here and you wish to -- and they wish to send it to your office or any member's office, that member can place it into the committee record as long as the committee is acting on the bill. Once we rise and report back to the Senate and have concluded our work on the bill, you can no longer submit record -- records or documents or evidence into the committee record. Is that clear?

SENATOR GALLEGOS: Well, that's clear. But what if I stand up before that -- the final vote and care to register my -- my, you know, as far as my words against the bill that I'd like to attach the following as part of the record on my -- as part of the record going against the bill before the final vote?

SENATOR DUNCAN: As long as we're still in committee and we haven't taken a final vote in the committee, you can do that.

SENATOR GALLEGOS: That's not what I'm asking, Senator. I'm asking is after committee, the bill comes on floor, I decide to speak against the bill and I want this entered into the record along with my words along with the attached concerns from my constituents.

SENATOR DUNCAN: That would be inquiry that you'd have to make at the time you attempt to lay it out in front of the full Senate.

SENATOR GALLEGOS: Okay. Thank you.

SENATOR DUNCAN: Being no further questions, the Committee of the Whole will stand at ease until 8:00 a.m. tomorrow morning.