Senate Transcript, February 1, 2011

 

DAVID DEWHURST: Senate will come to order. Secretary, call the roll.

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan.

SPEAKER: Here.

PATSY SPAW: Ellis. Eltife.

SPEAKER: Here.

PATSY SPAW: Estes, Frazier, Gallegos, Harris, Hagar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Rodriguez.

SPEAKER: Here.

PATSY SPAW: Seliger.

SPEAKER: Here.

PATSY SPAW: Shapiro, Uresti, Van De Putte, Watson.

SPEAKER: Here.

PATSY SPAW: Wentworth, West, Whitmire, Williams, Zaffirini.

DAVID DEWHURST: A quorum is present. All on the floor and in the gallery please rise. Invocation to be delivered by our former Senate doorkeeper, Reverend Don Long of Austin.

REVEREND LONG: Our Father, which art in Heaven whose wisdom and goodness manifest necessary themselves in all the works of creation, we ask your blessings upon lieutenant David Dewhurst and these senators and all senate staff personnel during this legislative session. May they remember the words from the prophet Ezekiel, thus saith the Lord God that it's (inaudible) remove violence and spoil and execute judgment and justice and stop this possessing my people, saith the Lord. As this August body honors the memory of Floyd Watson today, we thank you so much for this man who served his country during World War II, we thank you for saving his life during the battle of Okinawa. We're grateful to you for his service to the US Government in his over 35 years with the IRS. We appreciate his dedication to his family, how blessed has been the Crestview Baptist Church here in Austin for his many years of service as a deacon and treasurer of that church. Lastly, we thank you for the many years of service to the State of Texas and the Texas state senate as one of the door keepers and as the elevator man. Let Your grace descend in abundance upon his family, and upon those of us who knew and loved him. Let us remember the words of the poet, Margaret Clarkson, "Through faith we understand the things we cannot know, the hidden pattern God has planned and why each thread is so. (Inaudible) lose his golden strand, but when I (inaudible) with his entwined through faith we understand," Amen.

DAVID DEWHURST: Thank you, Reverend Long.

You may be seated.

Senator Whitmire moves to excuse Senator Carona due to inclement weather. And Senator Van de Putte due to a death in the family. Is there objection? Chair hears none. So ordered.

Senator Whitmire moves to dispense with the reading of yesterday's journal. Is there objection? Hearing none, so ordered.

Mr. Doorkeeper.

DOORKEEPER: Mr. President, there's a message from the House.

DAVID DEWHURST: Admit the messenger.

SPEAKER: Mr. President, I'm directed by the House to inform the senate the House has taken the following action. The House has passed the following.

DAVID DEWHURST: Thank you, messenger.

Chair recognize Senator Deuell to introduce the doctor of the day.

SENATOR DEUELL: Thank you, Mr. President. I want to take a couple of minutes to welcome to the Capitol one of my constituents and colleagues, Dr. Paul Gutiso (phonetic). Dr. Paul Gutiso is currently a solo practitioner at the Lakeside Family and Sports Medicine Clinic and resides with his family in Maybanks, Texas. He has served in many professional organizations, among them the Texas Academy of Family Physicians where he's a member of the Commission on Public Health. The American Medical Association, the Texas Medical Association, where he served as a delegate to the House of Delegates. Dr. Gutiso has been honored numerous times for his outstanding work in medicine. He was named a fellow at the American Academy of Family Physicians in 2008. He was given a sports medicine award in 2000 for his diligence in his chosen field and was named resident of the year in 1999 at the University of Texas medical branch in Beaumont. He has also taken an active role as a volunteer in both his local community and state, he spent time in 2005 serving the victims of Hurricane Katrina in the Houston Astrodome and has also donated his time to the next generation of medical practitioners as a lecturer at Florida Southern College. He was also given the Beaumont Community Service Award in 2001. He has regularly served both his state and community, and it is my honor to introduce him to you and all today as today's doctor of the day. Thank you, Mr. President.

DAVID DEWHURST: Thank you, Doctor, for being here.

The following message from the governor. Secretary read the message.

PATSY SPAW: To the Senate of the 82nd Legislature, regular session, I ask the advice and consent and confirmation of the Senate with respect to the following appointments: To be a member of the Texas Workforce Commission, Ronald Congress (phonetic), Austin, Texas. On January 19th, 2011, I submitted the name of Wallace L. Hall, Junior for appointment to the Texas State Coordinating Board. Because he resigned, I hereby withdraw his nomination and request that the Senate return the appointment to the Texas Youth Commission independent ombudsmen, Debbie (inaudible) Austin, Texas. To be the Texas State Board of Education chair, Gail Lowe, Linpasses, Texas. To be members of the Parks and Wildlife Commission, T. Dan (inaudible), Houston; Richard (inaudible) Scott, Wimberly. To be the advocate general of Texas, John Nichols, Spring Branch. To be members of the University of Texas System Board of Regents, Alexis Alex Cramburg, Austin, Wallace L. Hall, Junior, Dallas; Brenda Pechovich (phonetic), Dallas. To be the State Commissioner of Education, Robert P. Scott, Austin. To be presiding officer of the Central Texas Regional Ability Authority, Ray A. Wilkerson, Austin. To be members of the Texas Tech University System Board of Regents, Larry K. Anders, Plano; Deborah Munford, San Antonio; John B. Steinmet, Lubbock. To be member of the Texas Facilities Commission, Debbie Linebeck, Sealy. To be members of the Stephen F. Austin State University Board of Regents, Bridgette Henderson, Lufkin; Ken E. Shaver, Brownsville. To be the executive commissioner of Health and Human Services, Thomas M. (inaudible), Austin. To be the commissioner of Workers' Compensation, Roderick (inaudible), Junior, Austin. To the office of Public Utilities Council, Sherry Sanders Givens, Round Rock. And to be the public counsel for the Office of Public Assurance Council, Dea Beth, Austin. Respectfully submitted, Rick Perry, governor of Texas to nomination.

DAVID DEWHURST: Chair lays out the following resolution. Secretary, read the resolution.

PATSY SPAW: Senate resolution 102. Commending Celeste (inaudible) Young on being named the recipient of the 2010 executive director of the year award by Texas Court Appointed Special Advocates by Deuell.

DAVID DEWHURST: The Chair recognizes Senator Deuell on the resolution.

SENATOR DEUELL: Thank you, Mr. President. It's indeed my honor and pleasure to welcome a constituent and friend, Celeste Young, a distinguished and accomplished Texan, to the Texas Senate. Celeste joins us today as COSA 2010 executive director of the year for her work in Hunt County, my home county, on behalf of abused and neglected children. COSA or Court Appointed Special Advocates was founded to ensure that the abuse suffered by children at home does not continue once they are under the protection of the State. COSA volunteers are appointed by the state judges to serve as advocates for those children and help them find safe, loving homes. It's somewhat ironic and appropriate today that in Senate finance we're hearing the Article II part regarding Child Protective Services. Celeste is truly deserving of this award for her dedication to making sure the children of -- who are abused/neglected no more. She's a true role model, and I'm honored to have her in my district.

Members, please help me welcome Celeste Young to the Texas Senate. Thank you, Mr. President. I move adoption of the resolution.

DAVID DEWHURST: Is there objection to the adoption of the resolution? The Chair hears none. Resolution is carried.

Thank you, Senator Deuell.

SENATOR DEUELL: Thank you, Mr. President and members.

DAVID DEWHURST: The Chair recognizes -- the Chair lays out the following resolution. Secretary, read the resolution.

PATSY SPAW: Senate resolution 144, declaring February 1st, 2011, as Andrews County Day at the State Capitol by Seliger.

DAVID DEWHURST: Chair recognizes Senator Seliger on the resolution.

SENATOR SELIGER: Thank you, Mr. President and members. Today is Andrews Day, an opportunity to celebrate an extraordinary Texas community that places a very high value on education of its citizens and growth of jobs. According to the Census Bureau for the last two years, Andrews is one of the fastest growing metropolitan communities in the United States. A county of 960,410 acres, almost a third of that belongs to the University of Texas System. The University land has a certified market value of $199,214,000. Currently Andrews County has 36 operating drilling rigs, the second highest in the state. It is ranked second in the state in oil production. There was also legislation passed at the last session allowing (inaudible) agreement between the local county and the City in extraterritorial jurisdiction. The city (inaudible) at a cost of $6.2 million without state funding and acquisition of all right-of-way has completed. Example of a community providing for itself, particularly important in difficult economic times.

Since the implementation of the recapture of Robin Hood in 1993, over $250 million of the state's school finance budget has been collected from Andrews County, $16 million in 2010 alone.

Joining us on the floor today, the Honorable Richard Dolgener, Andrews County judge; Andrew Gonzalez, member of the Andrews Economic Development Corporation; (inaudible) Andrews Independent School District board of trustee. Lynn Fisher a member of the City of Andrews, City Council; and Jenny Wallace, executive director of Andrews Chamber of Commerce.

Mr. Chairman, I move passage of the resolution. And, members, it is a pleasure to introduce to you and up in the east gallery, I guess, members of the legal delegation from Andrews County, it is a great honor to have you in the Capitol today.

DAVID DEWHURST: Is there objection to the adoption of the resolution? Chair hears none, resolution is adopted. Thank you, Senator Seliger.

The Chair lays out the following resolution. The secretary will read the resolution.

PATSY SPAW: Senate resolution 141. Recognizing February 1st, 2011, as (inaudible) by Nelson.

DAVID DEWHURST: The Chair recognizes Senator Nelson on the resolution.

SENATOR NELSON: Thank you, Mr. President and members. Senate resolution 141 honors the Texas Court Appointed Special Advocates, you-all know them as COSA, and it recognizes today as COSA Day at the State Capitol. Now, I know that all of my senate colleagues are familiar with COSA and the important work that they do. Our COSA volunteers often are the only constant presence for children who are displaced by abuse, neglect or abandonment. Last year, more than 6,600 volunteers with 69 local COSA organizations helped provide hope and help to 20,681 children. About half of the children in our foster care system. On behalf of our children, I want to thank all of you for your advocacy. I'd like to ask the COSA delegation to please rise and be recognized and let us thank you as a body. Welcome so much to the Texas Senate. Mr. President, I move adoption of this resolution.

DAVID DEWHURST: Senator Harris is recognized on the resolution. All right. You've heard the motion by Senator Nelson. Is there objection on the adoption of the resolution? Hearing none, resolution is adopted. Thank you, Senator Nelson.

SENATOR NELSON: Thank you, Mr. President. Thank you, members.

DAVID DEWHURST: Chair lays out the following resolution. Secretary, read the resolution.

PATSY SPAW: Senate resolution 133, designating the year 2011 as World Veterinary Year and honoring the Texas A&m University College of Veterinary Medicine and Biomedical Sciences and the Texas Veterinary Medical Association. By Ogden.

DAVID DEWHURST: The Chair recognizes Senator Ogden on the resolution.

SENATOR OGDEN: Mr. President, members, it's my honor today to introduce this resolution and recognize a unique institution in the State of Texas. 250 years ago the first school of veterinary medicine was established. Today, Texas A&M University is home of the college of veterinary medicine and biomedical sciences, the only college of veterinary medicine in the State of Texas. Veterinarians make substantial contributions to the improvement of animal, public and environmental health, food safety and bio security and conservation. And I am pleased to recognize the faculty, staff and students who contribute to the global good of their mission of teaching, research and service in the field of veterinary medicine. Members, please help me welcome our guests on the floor today, and I'd like to introduce them. Dr. Eleanor Green, Texas A&M University Dean of the College of Veterinary Medicine and Biomedical Sciences, Joseph Fluhar and Sara Klein who are vet students. Dr. Larry Kornogay, president of the American Veterinary Medical Association. And Dr. Laurie Teller, president of the Texas Veterinary Medicine Association, both are from Houston and Texas A&M graduates. Members, please help me welcome our guests here in honor of Senate Resolution 133.

Mr. President, I'd also like to recognize some distinguished individuals in our gallery, Dr. Leon Russell, faculty member and the only American elected to the president of the World Veterinary Association. Would you please stand, Dr. Russell? Thank you. We have several vet medical student ambassadors. Would the ambassadors please stand. And John Martin, Texas Veterinary Medical Association president elect. Thank you for being here today. And with that, I'm -- with that, members, I move adoption of Senate Resolution 133.

DAVID DEWHURST: Is there objection to the adoption of the resolution? Chair hears none, resolution is adopted. Thank you, Senator Ogden.

Chair lays out the following resolution. Secretary, read the resolution.

PATSY SPAW: House Concurrent Resolution 35, declaring February 1st, 2011, as Texas Tech University System Day at the Texas Capitol. By Duncan.

DAVID DEWHURST: Chair recognizes Senator Duncan on the resolution.

SENATOR DUNCAN: Thank you, Mr. President and members. Today is Texas Tech University System Day. And if you-all get your guns up. I'm really proud to bring this resolution in the Senate. Many of you have family or friends or many of you don't know, you have a lot of constituents that attend the Texas Tech University or a school in the Texas Tech University System. The history is Texas Tech has the largest contiguous campus in the United States and the only campus with an undergraduate, graduate, law and medical school on one contiguous campus. Texas Tech System has a total enrollment in fall of about 42,220 folks. With your help, we're proud to announce that Angelo State University is now a member of the Texas Tech University System and has done a great job for the second year in a row, Angelo State has been listed in the Princeton Review's list, named to the Princeton Review's, list of best college nationally. The Texas Tech health sciences center is breaking new ground on border health care and advancing the caliber of its economic curriculum and research two four-year campuses; one in Lubbock and a new campus in El Paso, which you helped us over the years establish. Texas Tech University has been recognized by the Wall Street Journal as being ranked among the top 25 in the nation for producing skilled and educated graduates. The National Juris and Prelaw Magazine, Senator Wentworth, ranked Texas Tech law school as No. 17 best value. Of Texas nine law schools, Texas Tech's law school was the only one ranked. Now, we have a lot of notable alumni and former (inaudible). some of them you may know, some of them you may have heard of. John Denver. John Denver used to be a little singer there. Pat Green here. Some of our musical folks, Ed Whittaker of General Motors family and AT&T, former governor Preston Smith, Jerry Rawls, (inaudible) CEO, Jeff Wentworth, Texas Tech University School of Law. (Inaudible) Former Senator, Congressman (inaudible).

On the floor today, we have some folks that you probably all know. First I want to introduce the former First Lady of the Texas House, Melba Lane, sitting over here on the side. Melba has been involved in the Texas Tech University alumni system since they have moved from the House and also, continues to do her ornaments for Keep Texas Beautiful. And if you haven't bought one of those or used one of those, you should. Chancellor Kent Hance is on the floor with us. Chancellor Hance has done an outstanding job of advancing Texas Tech University not only in this state but also in the -- in this country. Dr. Guy Bailey is our president, has been there for three or four -- four years now, three. And he has done an outstanding job of moving Texas Tech University into a national research university system. Dr. Joe Rollow who has been at the helm of the Texas Tech University System member, Angelo State University and is responsible for the good results that they've had there. And then we have Joe -- I'm sorry, Steven (inaudible) who is the president of our alumni association, Steven has done a great job. Believe it or not one of our stronger alumni associations, Senator Watson, is right here in Austin, Texas. We don't get any news out of the newspaper about our university, but we have a good network of folks here. I'm real proud to have these folks on the floor. In the audience we have a group of students and also, a group of tech supporters and regents. If you'll stand and be recognized as well.

Members, I'm sure they'll come talk to you today with the guns up and hopefully, they can -- you can get through the -- the security station with your -- with that gun up, anyway. The temperature in Lubbock today, Senator Lucio, is probably a balmy 70 degrees with a little breeze to go along with it. So help me welcome these folks to the Texas Senate Chamber, and also I move to -- that we adopt House Concurrent Resolution 35.

DAVID DEWHURST: Is there objection to the adoption of the resolution? Chair hears none, resolution is adopted. Thank you, Senator Duncan.

Chair lays out the following resolution. Secretary will read the resolution.

PATSY SPAW: Senate Resolution 111, declaring February 1st, 2011, as McAllen Day at the State Capitol. By Hinojosa and Lucio.

DAVID DEWHURST: Chair recognizes Senator Hinojosa on the resolution.

SENATOR HINOJOSA: Thank you, Mr. President and members. Today is a very special day. It's McAllen Day here in the State Capitol. McAllen is where I live, where my family lives, McAllen is known for beautiful palm trees, beautiful weather, and great hospitality. McAllen is celebrating its 100th anniversary (inaudible) municipalities this year from 1911 to 2011. Over the last 30 years McAllen has grown into a center for business and commerce in the Rio Grande Valley. McAllen is one of the fastest growing metropolitan areas in the country. CNN Money has listed McAllen as one of the best places in the country to live and invest. Moody Investing ranked the City No. 1 for annual job growth in 2010. McAllen is the regional banking center, retail and convention hub with La Plaza Mall and the new $75 million convention center. McAllen is looking forward to opening the nation's largest single public library later this year. McAllen was named an All American City in 1996. McAllen newly created art district hold artworks to thousand of people who enjoy the art. Not only residents of McAllen but to the valley and to South Texas. In 2010, McAllen celebrated its third annual and the region's largest New Year's Eve celebration. It's a free event for the community, not only McAllen but for the whole Rio Grande valley. Before I continue, I'd like to yield to my good friend, Senator Lucio who also represents McAllen. Senator Lucio?

DAVID DEWHURST: Senator Lucio is recognized on the resolution.

SENATOR LUCIO: Thank you, Mr. President. I want to proudly rise in support of Senator Hinojosa's resolution. As a matter of fact, I'm a proud coauthor of this resolution. McAllen, as has been stated, is an economic engine for South Texas, a growing part of my district, Senatorial District 27, and a place of innovation and creativity. I'm very pleased to -- to represent an area of McAllen that includes all the hospitals and the shopping malls, my wife loves that, and airport and the country club. When I tee it up, I know I'm in my district, so I -- I want to thank the elected officials and community leaders that are here today, your leadership is an integral part of McAllen's progress and I thank you for that. There have been some outstanding leaders over the years, some that have passed on that obviously all of us know about. We had Brownsville Day here last week, McAllen today, and next week will be Harlingen Day. So it's exciting to see so many communities coming up to Austin from the Valley. The Valley is one of the fastest growing regions of Texas and one of the -- which is part of the one of the fastest growing states in the country. So it's good to have valley voices here at the Capitol. What you say is important to all of us. So welcome and thank you, Senator Hinojosa, for your leadership on this resolution. I yield back to you, sir.

SENATOR HINOJOSA: Thank you, Senator Lucio. Let me tell you, the Rio Grande Valley is one of the fastest growing areas in the State of Texas and the country and McAllen is one of the key cities with key leadership. There's pretty much (inaudible) growth more jobs and a better quality of life for people in McAllen and in the Rio Grande Valley. On the Senate floor with us today we have (inaudible) City Commissioner. We have John Ingram, City Commissioner. We have Steve (inaudible), president and CEO of McAllen Chamber of Commerce. We have Mark McAllen, chairman of the board for McAllen Chamber of Commerce. And we have Don King, chairman, McAllen Economic Development Corporation. And, members, we also have a delegation for McAllen sitting up on the east side of the gallery. Please help me welcome, please stand, welcome to the Texas Senate. Mr. President, I move adoption.

DAVID DEWHURST: Is there objection to the adoption of the resolution? Chair hears none, resolution is adopted. Thank you, Senator Hinojosa.

The Chair recognizes Senator Uresti for an introduction.

SENATOR URESTI: Thank you, Mr. President, members. Good morning. I'd like to recognize the members of TAMAC in the north gallery with us today. For those of you who don't know what TAMAC stands for, it represents the Texas Association of Mexican-American Chamber of Commerce. And for more than 35 years, TAMAC has been a driving force in advocates, supporting Hispanic businesses, promoting economic growth, job development, stability and sustainability in the Texas economy. TAMAC currently represents 25 Hispanic chambers and over 20,000 members in the State of Texas. According to the most recent estimates by the U.S. Census Bureau in Texas comptroller, there are nearly 450,000 Hispanic-owned businesses in the State of Texas with sales receipts in excess of $62 billion per year. And based upon historical data, Hispanic-owned businesses continued to double every ten years and currently employ almost 400,000 people. In the gallery we have this morning, Chairman Alex (inaudible), Ben Mendez, Paul Savano and other members of TAMAC. Mr. President, members, please help me welcome TAMAC and its members. Thank you.

DAVID DEWHURST: Thank you, Senator, and I'm looking forward to being with you-all this evening. So thank you.

Chair lays out the following resolution, Senate Resolution No. 104 by Senator Birdwell. The secretary will read the resolution in full.

PATSY SPAW: Senate Resolution 104.

Whereas, the Senate of the State of Texas is pleased to join Texans across the state in celebrating February 1st, 2011, as Baylor University Day at the State Capitol; and whereas, established February 1st, 1845, by an act of the Congress of the Republic of Texas, Baylor University is the oldest continually operating university in the state. It traces its roots to an 1841 meeting of the Union Baptist Association at which the Reverend William (inaudible) and state district judge, REB Baylor, offered a proposal to create a Baptist university in Texas. And whereas, Baylor University has grown to become a nationally ranked liberal arts institution with more than 14,000 students. It offers degrees in 161 areas of study. Preprofessional tracts and specialized academic opportunities. Students are ability to interact with full-time faculty from their first day on campus; and whereas, in addition to its rigorous curriculum, the university offers a dynamic and invigorating campus life. From concerts to Big 12 athletics to an active community of faith, students have a wide array of options to complement their academic careers. Its students, faculty and staff annually provide more than 150,000 hours of local community service. And, whereas, for more than 150 years, Baylor University has played a vital role in providing Texans with a firm foundation for future success. It is truly deserving of recognition for its commitment to educational excellence.

Now, therefore, be it resolved that the Senate of the State of Texas, 82nd Legislature hereby commend the students, faculty, staff and alumni of Baylor University for their many contributions to the progress of our state and extend to the University's delegation a sincere welcome to the State Capitol for Baylor University Day. By Birdwell, et al.

DAVID DEWHURST: Thank you, Madam Secretary. The chair recognizes Senator Birdwell on the resolution.

SENATOR BIRDWELL: Thank you, Mr. President, members. I rise today to recognize my guests who are visiting the Texas Senate on behalf of Baylor University. Not only is this Baylor Day today at the State Capitol but today marks the 166th anniversary of the University's formation. I won't go through all the details that our wonderful secretary did, but just simply reiterate the important role that Baylor has played not only for the City of Waco and the entire surrounding community but for our entire State of Texas. If you'd like to learn more about this great institution of higher learning, I would encourage you to visit their exhibit in the North Cypress gallery in E2. Joining us on the state floor today are five very special guests. First, formal federal judge and United States Attorney General and president of Baylor University, Judge Ken Starr. Second, Baylor football legend and past chairman of the board of Regents, Gail Galleyway; a team mate of Gail's, Baylor football legend, Harold Riley and his son, Rick Riley. And associate professor of classics, associate dean of the honors college and vice president of constituent engagement, Tommy Lou Davis. At this time, Mr. President, I would also like to yield to two fine Baylor alumni and the joint authors of this resolution, Senators Harris and Senator Watson.

DAVID DEWHURST: The Chair recognizes Senator Harris on the resolution.

SENATOR HARRIS: Thank you, Mr. President. Thank you, Senator Birdwell. Members, for me today it's a real pleasure to welcome people from Baylor here. I -- I had a father -- or my father graduated Magna Cum Laude from Baylor Law. Somehow by hook and crook, he got me into the law school after my getting 90 hours. Needless to say. I was not near the student my father was, and that was kind of a let down for Dean McSwain. But Baylor -- and, of course, the only thing I can speak to is the law school, Baylor Law School has always been a university whereas Frank Wilson used to say, when we had practice court under him, that we could walk out of Baylor Law and try a jury trial anywhere in the state. And he was right. Because that was how Baylor teaches. And it's my understanding that's still the way you-all teach. And it's a -- it's just great honor for me to say hello to you and to have you here. Go Bears.

DAVID DEWHURST: I think you said Harris. The Chair recognize Senator Watson on the resolution.

SENATOR WATSON: Thank you, Mr. President. Senator Birdwell, thank you very much also for bringing this resolution. And Senator Harris, I appreciate your comments greatly. A couple of my constituents here on the floor, the Rileys and Mr. Galleyway are long-time constituents of mine, I'm very honored that they're here on the floor with us today, and I'm very pleased that this whole group is here. Most of what has been said already about Baylor, I'm not -- I'm not going to repeat any of that. I just want to take a moment on a personal level to say how very pleased I am to get to be a part of this recognition of Baylor and this anniversary, because so much of what I'm proud of, including the great pride I feel and that I get to serve in the Texas Senate with all of these people and play a role in our state, so much of that was made possible because of the role that Baylor played in my life. So it's fitting and proper that I say thank you to all of you as representatives of that great university and -- and how much we appreciate the role it plays, not only in our state, but in the lives of so many of the young people that are going to go on and do other things in our state. Thank you all very much. Thank you, Senator Birdwell. Thank you, Mr. President.

DAVID DEWHURST: Thank you, Senator Watson. The chair recognizes Senator Birdwell to close.

SENATOR BIRDWELL: Thank you, Mr. President. May I also say thank you to Senator Harris, Senator Watson for your kind comments. I'd also like to thank Senators Duncan, Senator Ellis, Senator Nelson, Senator Seliger, Senator West, Senator (inaudible) and others who have offered the opportunities to Baylor students to work at the Capitol during the 82nd session. At this time, Mr. President, I move adoption of the resolution.

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

The Chair lays out the following resolution. Senate Resolution No. 142 by Senator Nelson. The secretary will read the resolution.

PATSY SPAW: Senate Resolution 142, welcoming the participants in the first Tuesday at the Capitol program and commending the Texas Medical Association. By Nelson.

DAVID DEWHURST: Thank you, Madam Secretary. The Chair recognizes Senator Nelson to explain the resolution.

SENATOR NELSON: Thank you so much, Mr. President. Members, Senate Resolution 142 welcomes the Texas Medical Association Members as they kick off their first white coat day for the 82nd session. These physicians, resident physicians and medical students will be visiting the Capitol on a first Tuesday of each month as they've done during each legislative session since 2003. They are here to advocate for their patients, and we so appreciate their service.

I also want to recognize the TMA Alliance, an organization of physician spouses and volunteers who do important work on behalf of our state and we want to thank them for their efforts.

I'd like to ask -- you know, if you look out in the Capitol, the white coats are everywhere. They were several in the gallery, I still see some here, I'm sure they're over walking around, taking to legislators and their staff about these important issues, but I would like to ask those who are still here with us to stand and represent all the white coats that are storming the dorm today. Welcome. We appreciate you. Members, help me welcome them to the Senate. Mr. President, I move adoption of this resolution.

DAVID DEWHURST: Thank you, Senator Nelson. Members, you're heard the motion by Senator Nelson. Is there any objection? Chair hears no objection, and the resolution is adopted.

Chair recognizes Senator Ogden for an introduction.

SENATOR OGDEN: Members, waiting patiently in the east gallery are the chancellor student advisory board for the Texas A&M University System. The advisory board provides representation for students of the A&M system and includes student leaders from various academic campuses. The board members promote student involvement in all areas of university life within the system and act as liaisons to the chancellor and the board of regents on system wide student affairs issues. Their goal for 2011 are to craft their support legislation to decrease the cost of textbooks, advertise and encourage student participation in the teaching excellence awards process and research ways to help those who have served our country reach their higher education goals. Members, please help me welcome the advisory board and their advisers sitting in the east gallery, now standing in the east gallery, to the Texas Senate. Thank you for being here today and thanks for your work on behalf of higher ed.

DAVID DEWHURST: Thank you, Senator Ogden. The chair recognizes Senator Wentworth.

SENATOR WENTWORTH: Thank you, Mr. President. Mr. President, I just want to join Senator Ogden in recognizing these fine young people. This was something that I believed when I was a student at Texas A&M that we should have. We should have students on the Board of Regents. That's been a few years ago. And it took until I got here and with the help of Senator (inaudible), I point out, that we actually got that done, Representative Patrick Groves in the House was part of that effort that got it done, and we're pleased to see you here. And from every report I've had from every regent, that I've spoken to, you're a valuable addition to that board and I want to thank you for your service. Thank you, Mr. President.

DAVID DEWHURST: Thank you, Senator Wentworth. Members, I'm going to read a resolution, and I'm going to ask that the secretary read the resolution in full. I'm going to ask all of the senators to -- if they would, to take their seats. This is a resolution on a dear friend of ours that recently passed away. The Chair lays out Senate Resolution No. 161 by Senator Eltife. The secretary will read the resolution in full.

PATSY SPAW: Senate Resolution 161. Whereas the Senate of the State of Texas joins the citizens of Austin in mourning the loss of one of our most beloved legislative employees, Floyd Wallace Watson, Junior, who died October the 30th, 2010 at the age of 84; and whereas, born October 7th, 1926, in Waco, Floyd Watson was a member of the greatest generation and was a true military hero who served during World War II and received a Purple Heart and two battle stars. And whereas, after the war he married his longtime sweetheart Bernadine and embarked on a successful career as a revenue officer with the Internal Revenue Service. Following his retirement, he went on to earn the designation of Texas Master Florist; and whereas, Floyd Watson joined the Texas Senate in 1997 and served with distinction as an assistant Senate doorkeeper over the course of seven regular legislative sessions and numerous special sessions. As the operator of the elevator behind the Senate chamber, he was treasured by senators and their staff for the individual attention he gave to all who passed his way. As well as for his obvious good nature and his positive outlook on life; and whereas, during Mr. Watson's longtime senate service, his affable personality endeared him to all who walked in the Capitol halls and his dedication, generosity and exemplary work ethic will long be remembered. Whereas, Mr. Watson was a life member of the Veterans of Foreign Wars and the American Legion, he was a 32nd degree Scottish right Mason, an active member of Hill City Lodge 456 and a noble of the Ben hurt line temple. He was a devout Christian and a member of Crestview Baptist Church where he served as a deacon and was treasurer for more than 35 years. And whereas, an exemplary gentleman in every way, Floyd Watson loved his work, his state and his country. He was a devoted husband, father and grandfather and he leaves behind memories that will be treasured forever by all who worked with him and by his family and many friends. Now therefore be it resolved that the Senate of the State of Texas, 82nd Legislature hereby extends its sincerest condolences to the bereaved family of Floyd Wallace Watson, Junior, his loving and devoted wife of 63 years, Bernadine (inaudible) Watson, his children and their spouses, Floyd Watson the III and his wife Gloria, Richard Watson and his wife Debbie and Cindy Constantine and and her husband Ken, his brother Tom Watson, his sister Rose Summers and his nine grandchildren and 12 great grandchildren. And be it further resolved that a plaque bearing the name of Floyd Wallace Watson, Junior be placed in the senate elevator in honor and in memory of this exceptional legislative employee and patriotic citizen. And be it further resolved that the Texas Senate, when it adjourns this day do so in memory of Floyd Wallace Watson, Junior. By Eltife.

DAVID DEWHURST: Thank you, Madam Secretary. The Chair recognizes Senator Eltife to explain the resolution.

SENATOR ELTIFE: Thank you, Mr. President. Mr. President and members, Resolution 161 commemorates the life and passing of Floyd passed away on October 30th of last year. I know all of us, Governor Dewhurst, senators and staff appreciated Floyd for his kindness, good nature and positive outlook. When Floyd operated a senate elevator, he often made exceptions for staff who were needed by their senators on the elevator. Every time I hitched a ride with Floyd on his elevator, I always got off the elevator in a better mood and uplifted. In his own Floyd reminded me of the many blessings the good Lord has bestowed upon me. We talked about church, Floyd being a devote Baptist, me a proud Catholic. We talked about the rose bushes in Tyler, how he knew about the rose bushes in Tyler, that I was from Tyler the first day I got on the elevator I'll never know. We even talked politics. Floyd was a shiny example of the dedicated staff we have that run the Texas Senate. We are grateful for his service, not only to the Texas Senate but to our country. Members, in addition to the resolution, there will be a plaque placed in the elevator bearing Troy's name. On the floor with us today are Troy's wife, Bernadine Watson, Cynthia Constantine, his daughter, two sons, Floyd Watson the III and Richard Watson and Tom Watson, Troy's brother. I also understand there are many more friends and family in the gallery including two daughters-in-law, one sister-in-law, three grandchildren and eight great-grandchildren and I would ask them to stand at this time and be recognized. Thank all of you for sharing Floyd with us. May God bless you. Mr. President.

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

SENATOR DUNCAN: Thank you, Mr. President. Every time I get on that elevator, I think of Floyd Watson. He was -- Senator Eltife, just as you said, you didn't leave the elevator without feeling better about the day. We -- and it's very fitting that we have a plaque there. But, again, even without the plaque, I get on that elevator and I think of Floyd. He -- he had a unique knowledge of things of the world and of the things that we did and I think he understood the stresses and the tensions. He even had a code with Senator Harris, I think. Senator Harris had a knock on the basement floor, a kick of three times and I think he knew to go get Senator Harris whenever that would occur. But I miss Floyd. And I think we -- this resolution speaks for all of us here about how we cherished and appreciated his friendship. And you should be very proud of your husband and your father and your brother. And thank you, Senator Eltife for bringing this resolution.

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

SENATOR LUCIO: Thank you, Mr. President, members, I -- I too rise. I used to describe Floyd every day on -- I would run into him as an All American. He certainly defined those two words, All American. He was a member of the greater generation and I could relate to that, you know, with my father who is part of that greater generation that we're a product of. Floyd knew the issues, you're right, and we discussed those issues many times. Man of great compassion, he -- he just didn't forget anyone going into that elevator. As a matter of fact, he knew our staffs pretty darn good over the years and he made a difference. He was always courteous, very polite and I would describe him as a public servant. He served the public that came through that elevator, and I'm so happy that you're -- you're putting that plaque in that elevator. It will remind us all of a great man that all of us came in contact with that made a difference in our lives. He brought us to work and he took us back down as we left the Capitol for many years and I'm pleased to join with you, Senator Eltife, and the members of this body in acknowledging a great American, a man that made a difference in our lives. Thank you very much.

DAVID DEWHURST: Thank you, Senator Lucio. Chair recognize Senator Whitmire on the resolution.

SENATOR WHITMIRE: Thank you, Mr. President, members. Excuse me. Senator Eltife, I want to thank you for honoring our friend. He literally watched me grow up down here. But I've got I've got a public confession, Mr. Watson, I just found out why it took him so long some days, I used to fuss at him. In fact, now I find out it was Senator Eltife having him deliver his employees and dealing with the staff for an elevator that was reserved for senators. I use to fuss at him and say, I can actually walk these stairs faster than you can run this thing. So we had an ongoing good time talking about -- because, as you know, I'd be wanting to go down one, he'd be going to three and I'd try to get him to reverse and -- no, that's okay. I'll just walk. So if anyone sees him before I do, I want you to tell him I really apologize. It wasn't that he wasn't running the elevator properly, he was doing a great job. But he was taking care of our staff instead of our senators because he wouldn't say no to the people that needed to get up to the top floor. So it's great that you would recognize him today.

And let me just tell you, I been here 100 years, I've never seen them put a plaque in this building on the elevator or in one of our meeting rooms and that shows the love and respect we had for him. He's having an honor that I can't recognize through anyone else. He's getting a plaque in this historical building that will be here for the rest of time. So it's really special, Ms. Watson and family.

DAVID DEWHURST: Thank you, Dean. Mrs. Watson, I never talk from the podium, but I got to say, you know, every one of the 32 of us loved your husband, absolutely a sweetheart man. We all had different subjects that we talked to him about. I used to talk to him about World War II, and my dad was a World War II and Floyd was just a very special person. There were days, he'd say, you know, Governor, you look a little stressed. It's a little stressful out there today. He'd Say, Well, take it a day at a time, the Lord will take care of you. So thank you for sharing him with us.

The chair recognizes the Senator.

SENATOR ELTIFE: Thank you, Mr. President and all the members. Move adoption of SR161.

DAVID DEWHURST: Thank you, Senator Eltife. Members, you've heard the motion by Senator Eltife. All those in favor, please rise. It being unanimous, the motion is adopted.

SENATOR SHAPIRO: Mr. President, could I just --

DAVID DEWHURST: Yes, I recognize the Senator Shapiro.

SENATOR SHAPIRO: Could I just ask that the names of all the members of this body be added to this resolution.

DAVID DEWHURST: Members, you've heard the motion by Senator Shapiro. Is there any objection from any member?

SENATOR SHAPIRO: Thank you.

DAVID DEWHURST: The chair hears none, and the motion is adopted. Mr. Eltife -- I mean, Senator Estes.

SENATOR ESTES: Mr. President, I move that the words spoken in the resolution be reduced to writing and put in the journal.

DAVID DEWHURST: Members, you've heard the motion by Senator Estes. Is there any objection from any member? Chairs hears none, and the motion is adopted.

Members, the Chair lays out the following resolution, HCR No. 43 by Senator Harris. The legislature secretary will read the resolution.

PATSY SPAW: HCR43 inviting the chief justice of the Supreme Court of Texas to address a joint session of the legislature on February 23rd, 2011.

SENATOR HARRIS: Thank you, Mr. President. Members, under our state statute it states that at a convenient time at the commencement of each regular session that the Supreme Court chief justice shall give an oral or written statement to the legislature as to the conditions and needs of the Texas courts. That has been set for February the 23rd at 11:30 a.m. to be held in the House chambers and the speaker will be the Honorable Wallace V. Jefferson, chief justice of the Supreme Court. Thank you, Mr. President.

DAVID DEWHURST: Thank you, Senator Harris. Members, you've heard the motion by -- by Senator Harris. Is there any objection from any member? The chair hears none, and the resolution is do not.

Chair lays out the following resolution HCR No. 44 by Senator Eltife. The secretary will read the resolution.

PATSY SPAW: HCR44 inviting the governor to address a joint session of the legislature on February 8th, 2011.

DAVID DEWHURST: Chair recognizes Senator Eltife on the resolution.

SENATOR ELTIFE: Members, this concurrent resolution is, as the secretary just mentioned, that will allow for a joint session for Governor Perry to address a joint session. I move adoption.

DAVID DEWHURST: Members you've, heard the motion by Senator Eltife. Is there objection from any member? The Chair hears no objection, and the resolution is adopted.

The Chair signs in the presence of the senate the following two resolutions.

PATSY SPAW: Senate concurrent resolution No. 7 and senate concurrent resolution No. 8.

DAVID DEWHURST: The Chair recognizes -- the Chair -- if it's all right with Senator Nelson, the Chair recognizes Senator Eltife for a motion on the posting rules.

SENATOR ELTIFE: Thank you, Mr. President and members. I move to suspend the Senate's posting rules: Senate rules 11.10 and 11.18 so that the senate administration committee can meet at my desk today to take up and consider SJR18 and Senate Bill 445, this constitutional amendment and senate bill will serve as blocker bills.

DAVID DEWHURST: Members, you've heard the motion by Senator Eltife. Is there objection from any member? The Chair hears no objection from any member, and the resolution is adopted -- and the motion is adopted.

SENATOR ELTIFE: Mr. President, the committees of the senate (inaudible) will meet at my desk on adjournment to take up and consider SJR18 and Senate Bill 445. Thank you, Mr. President.

DAVID DEWHURST: Thank you, Senator Eltife. Members, the president's desk is clear. The Chair recognize Senator Shapiro for an announcement.

SENATOR SHAPIRO: Thank you, Mr. President and members. The senate committee on education will meet at 1:15 back in room E1028 to resume our hearing. We have a lot of superintendents and a lot of citizens that have come to speak to us, so 1:15 with everybody's permission. Thank you.

DAVID DEWHURST: Thank you, Senator Shapiro. Members, are there any additional announcements? The Chair recognizes Senator Ogden for an announcement.

SENATOR OGDEN: Mr. President, members, senate finance will reconvene at 2:00 p.m. Originally I said 1:30, but based on we're running a little bit late, it will be 2:00 p.m.

DAVID DEWHURST: Thank you, Senator Ogden. The Chair recognizes the dean of the senate for a highly privileged motion.

SPEAKER: Thank you, Mr. President. Members, if I could have your attention. We will caucus on adjournment and -- and have lunch in the great room, as we discuss some procedural matters. So I would urge everyone when we leave the floor to go straight to the great room, the meal is there and we'll discuss some procedural matters.

And with that, Mr. President, I would move that the Senate adjourn until 11:00 a.m. tomorrow, Wednesday, in honor and in memory of Floyd Watson, our long time doorkeeper and dear friend.

DAVID DEWHURST: Thank you so much, Senator Whitmire. Members, you've heard the motion by Senator Whitmire. Is there objection from any member? The Chair hears no objection from any member, and the Senate will stand adjourned until 11:00 o'clock tomorrow morning in honor of Floyd Watson.