Senate Transcript, February 22, 2011

DEWHURST: 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, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, and Zaffirini.

DEWHURST: Senators, we've got some members coming from the extension. Members, we're going to go ahead and start. We still got several members that are coming from other parts of the Capitol. This morning I'm going to recognize Senator Seliger, who's going to recognize the pastor for the day. Then after you've introduced the pastor, I'll go forward from there.

SENATOR SELIGER: Members, today we're honored by having do our invocation Reverend Bradley Spears of Amarillo who's been the pastor of Oasis Southwest Baptist Church in Amarillo since July of 2006. He holds a bachelors in Christian ministry from Dallas Baptist University. He and his wife Maria were married in August of 1995 and have two children Braxton, Madelyn and a third due at the end of this April. Originally from Awacma, Washington, in 2008, Pastor and Mrs. Spears were commissioned as honorary Texans by Governor Rick Perry. So, it's all together appropriate that he be with us today. Mr. President.

DEWHURST: Thank you, Senator Seliger. Would all those on the floor please rise and the ladies and gentlemen of the gallery, please rise for the invocation to be delivered by Pastor Bradley Spears of Southwest Baptist Church of Amarillo.

DR. SPEARS: Heavenly Father, maker of heaven and earth, we thank You for your great and awesome love that you have demonstrated toward us in so many ways. We thank You and honor You for Your hand of protection upon the United States of America, this wonderful nation in which we are blessed to live. We are especially grateful for the grand marquee of Your earthly creation, a symbol of blessing that we are so privileged to call home, the great state of Texas. Now, Lord, we ask You to bless this session of the Texas legislature. Give godly wisdom and guidance to these men and women as they undertake the heavy burden of leadership and give them discernment for the weighty decisions set before them. Please bless them and watch over them as they serve Texas and the people that have elected them. Lord God, I ask a special blessing for provision and protection of the families of these representatives as they are away from their businesses, their families and their homes. Please give back to them multiplied time with their spouses, children and grandchildren. Recognizing that every good and perfect gift comes from you, we ask for Your continued blessing of protection and prosperity on our great state and its wonderful people. In the name of Jesus Christ we pray. Amen.

DEWHURST: Amen. Pastor Spears, thank you for being here from Amarillo. Ladies and gentlemen, you can be seated. Thank you so much. Thank you. Members, Senator Whitmire moves to suspend for the readings of yesterday's journal. Is there objection from any member? Chair hears no objection, it's so ordered. The following message from the governor, the secretary will read the message.

PATSY SPAW: To the Senate of the 82nd legislature regular session, I ask the advice, consent and confirmation of the Senate with respect to the following appointments: To be presiding officer of the (inaudible) Royale Mobility Authority Scott A. McLaughlin, El Paso. To be members to the Manufactured Housing Board Michael H. Grey, El Paso; Devora Mitchell, Carmack. And to be judge of the 244th Judicial Court Hector County, James M. Rush, Odessa. Respectfully, submitted Rick Perry, governor of Texas. To nominations.

DEWHURST: Members, the chair signs the following in the presence of the Senate.

PATSY SPAW: Senate Concurrent Resolution No. 313.

DEWHURST: For our first resolution today, the Chair lays out Senate resolution No. 313 by Senator Estes, Senator Nelson and Senator Harris. The secretary will read the resolution.

PATSY SPAW: Senate Resolution 313 designating February 21st and 22nd, 2011, Denton County Days at the State Capitol. By Nelson, Estes and Harris.

DEWHURST: The Chair recognizes Senator Nelson to explain the resolution.

SENATOR NELSON: Thank you, Mr. President, members. Now, the day that you have all been waiting for is here. Today is Denton County Day at the Capitol. They're here. As a long time Denton County y resident, I know what a great place Denton County is to live in and run a business and raise your family, and apparently the word is out because Denton County grew by 53 percent over the last decade. Newcomers find a welcoming business climate, our children enjoy outstanding schools and exemplary higher education including my alma mater University North Texas along with Texas Women's University and North Central Texas College. On weekends they can relax in our beautiful parks and lakes or learn about Denton County history at the Denton County courthouse. Very impressive courthouse, by the way. Those who move to Denton County will find our new neighbors are some of the friendliest people around. I'm honored to represent Denton County. My friends and my neighbors from the Texas Senate, we have joining us on the floor today very special Denton County elected officials joining us. And you guys wave your hands or step forward. County Judge Mary Horn, Commissioner Hugh Coleman, this isn't the order -- Bobbie Mitchell, Commissioner Bobbie Mitchell, Commissioner Ron Martin, Commissioner Andy Eaves. And that's everyone. Also I want to acknowledge in the gallery we've got a special group of Denton County residents, the Leadership Louisville class is up here. So y'all wave, Leadership Louisville. There they are. And I'd like to ask the delegation, and I know that there are two other senators who share Denton County with me who want to make comments as well. Can we ask the delegation from Denton County to stand up, let us recognize you and I'll turn the mike over to my colleagues. Welcome.

DEWHURST: Chair recognizes Senator Estes to speak on the resolution.

SENATOR ESTES: Thank you, Mr. President, members. I too join my colleague Senator Nelson and Senator Harris in welcoming Denton County to the Capitol. It's a vibrant, fast growing county in our state filled with wonderful people who -- large percentage of them vote. And we appreciate them and appreciate their involvement and these leaders that are here. And, Mr. President, if I might, I will yield to Senator Harris.

DEWHURST: The Chair recognizes Senator Harris to speak on the resolution.

SENATOR HARRIS: Mr. President, if you'll look at this audience and realize how lucky we three senators are that have this many people interested in what we do as a legislature, I thank all of you for being here today.

DEWHURST: The Chair recognizes Senator Nelson to close.

SENATOR NELSON: Well, before the Chair recognizes me to close, may I also add from everybody in Denton County, Senator Harris, Senator Harris, I understand that today is a special day. Happy birthday, Senator Harris, from all of us. He really is a teddy bear, and we love having him in the Senate -- in the Texas Senate. Mr. President, I move adoption of this resolution.

DEWHURST: Thank you, Senator Nelson. Members, you've heard the motion by Senator Nelson. Is there objection from any member? Chair hears no objection, and the resolution is adopted. Members, the Chair recognizes Senator Fraser to introduce the doctor for the day.

SENATOR FRASER: Thank you, Mr. President, members. It's my honor to introduce the doctor of the day, he's a physician, Dr. Robert Deluca, from Eastland, Texas. Dr. Deluca received a master of science from Texas Christian University. He's been enjoying watching the Horned Frogs this year. He also attended medical school at Texas College of Osteopathic Medicine where he graduated Cum Laude. he is a family physician in the district. Also with him is his wife Valerie. She is a fourth year medical student, keeping it in the family. Please join me in giving him a warm welcome to Dr. Deluca.

DEWHURST: Thank you so much, Doctors. Senator Shapiro. The Chair recognizes Senator Shapiro. The Chair lays out Senate Resolution No. 259, the secretary will read the resolution by Senator Shapiro and Senator Zaffirini.

PATSY SPAW: Senate Resolution 259 designating Tuesday February 22nd, 2011, as FFA at the State Capitol by Shapiro.

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

SENATOR SHAPIRO: Thank you so much, Mr. President and members. I am really pleased today to recognize the Texas Future Farmers of America Day at the Capitol. It's held in conjunction with the National Future Farmers Association Week, and this day celebrates the many contributions that are made by youngsters who have made agriculture education across our state and nation a priority. If you don't already know, Texas has the largest FFA in the nation. Last year the association set an all time membership growth record of 11,000 new students. Today we have over 80,000 Texas future farmers, which is an amazing number. Annually Texas FFA awards more than $2 million in scholarships to deserving members. And for those of you who don't realize, one out of seven Texans are employed in agriculture. Today this statistic clearly show us that these youngsters in agricultural education are as relevant to our economy as they ever were. Standing on the floor today are five Texas FFA leaders. Nathan Parrish, FFA president, would you step forward? He's from New Cannie (phonetic), the chapter in Cut and Shoot, Texas. We have Patrick Boerne who is Texas FFA vice president, Patrick is from Eagle Pass, Texas. Colt Grisham who is also a vice president from Garrison, Texas. And we have Will Ellis who is here from Midlothian, Texas. And Caitlin Perry who is here from Iowa Park. Iowa FFA chapter, Iowa Park FFA chapter. Members, there are several of you who have students that you'd like to recognize, and I will certainly yield to you at this time.

DEWHURST: The Chair recognizes Senator Zaffirini on the resolution.

SENATOR ZAFFIRINI: Thank you, Mr. President and members. It is my very great pleasure to support Senate Resolution 259 by Senator Shapiro and to thank Senator Uresti of his strong support of the same resolution. We're so proud to commemorate the second annual Agricultural Education and FFA Day at the State Capitol. I know that Senator Whitmire and Senator Ogden are also equally supportive. I'm especially delighted to welcome FFA members from my district, they are from Bea County from the cities of Beeville and Pettis. And they're in the north gallery. Would they please rise and be recognized and welcome to the Texas Senate. Quite a group. Thank you and welcome to the Texas Senate. Thank you, Senator Shapiro.

DEWHURST: The Chair recognizes Senator Eltife on the resolution.

SENATOR ELTIFE: Thank you, Mr. President, members. I also want to thank Senator Shapiro and join in on SR259 recognizing this outstanding organization. And I'd like to recognize a group of Future Farmers of America students and teachers from my district. If y'all would stand. I have students from Marshal accompanied by their teacher Chad Baskin, as well as students from Simms and New Boston with teacher Ashley Pearman. Please stand to be recognized. Welcome to the Texas Senate.

DEWHURST: The Chair recognizes Senator Williams on the resolution.

SENATOR WILLIAMS: Thank you, Mr. President, I want to join Senator Zaffirini and Senator Shapiro in welcoming all the FFA members here. It's a great organization and especially the FFA president Mason Parrish who's from the heart of my district, the Cut and Shoot, New Cannie area. So appreciate you being here today. Thank you.

DEWHURST: The Chair recognizes Senator Nichols to speak on the resolution.

SENATOR NICHOLS: Thank you, Mr. President. I'd also too like to join in on Senator Shapiro's resolution. FFA's done a great job all around east Texas and the state helping to raise young men and women into the careers in leadership roles. I particularly wanted to recognize one from -- Colt Grisham, FFA vice president who lives in Garrison. Welcome to the Senate floor. Thank you.

DEWHURST: Chair recognizes Senator Lucio to speak on the resolution.

SENATOR LUCIO: Thank you, Mr. President. Senator Shapiro, thank you for this resolution. I know so many young men and women also in the valley in my five county area, many of which belong to this wonderful organization. It's good to know that we have a very good looking crop in this next generation of young men and women that will make a difference. The future of our nutritional programs, the future of good health in Texas really depend on you and those that will be working side beside with you throughout the states. So welcome to the Senate floor. Congratulations in your endeavors. Good luck.

DEWHURST: The Chair recognizes Senator Patrick to speak on the resolution.

SENATOR PATRICK: Thank you, Mr. President. I too have some FFA folks around here from the Zyfair (phonetic) school district. I'm not sure where they are sitting, but I want to welcome all the FFA students who are here. You're not just great students, but you're just great kids and your families are terrific. And I cannot think of a better example of a student, a teacher and a parent or family working together to make Texas better. And one of the most exciting times I've ever had was being in a group that got a grand champion steer last year at one of the FFA auctions. And that was really exciting. So we salute you, we support you and we appreciate you. Thank you very much for coming today and being the future of Texas.

DEWHURST: Thank you, Senator. The Chair recognizes Senator Whitmire to --

SENATOR WHITMIRE: Thank you, Mr. President and members. Senator Shapiro, you have no idea how broad based and widespread the FFA is. If you went to my office, the longest serving senator in this body, my FFA jacket is hanging in my office from Whitney, Texas. I left there in the 9th before I went to Houston. Where in Whitney FFA I was in livestock judging all across central Texas, I got my green hand pen. But a guy from Houston currently has an FFA jacket. My daughter's name is Whitney and I don't know if I brought it because I want everybody to know that I was a FFA member in Whitney or that I named my daughter after my favorite small town of Texas. Let me just tell you, y'all have made a huge difference in so many lives across Texas and keep up the good work. I saw a group of you came in the Capitol with me this morning around 7:30. I came that close to taking about 40 of your members to my office to show them what I had hanging in, but I was trying to get to the committee meeting. Thank y'all for being here.

SENATOR SHAPIRO: And all of you could be a senator one day, just like Senator Whitmire. There you go. See what happens when you're in FFA.

DEWHURST: The Chair recognizes Senator Deuell to speak on the resolution.

SENATOR DEUELL: Thank you, Mr. President. Senator Whitmire, I was wondering what your 4H project was? What did you raise in? Did you raise sheep or carrots or what did you raise?

SENATOR WHITMIRE: I didn't have the money to have livestock.

SENATOR DEUELL: Oh, I understand. He didn't have the money. Despite the fact that Senator Whitmire was in 4H, I support the resolution, Mr. President.

DEWHURST: : The Chair recognizes Senator Shapiro to close.

SENATOR SHAPIRO: Thank you so much, Mr. President and members. As you can tell, we are all very proud of the young men and women who are involved in this great organization. And if you would join me, everyone in the gallery who was a member of FFA, would you please rise and let us recognize you and tell you how much we appreciate everything you do every single day. President, I move adoption of Senate Resolution 259 at this time.

DEWHURST: Thank you. Members, you've heard the motion by Senator Shapiro. Is there any objection from any member? The Chair hears no objection from any member, and the resolution is adopted. The Chair recognizes Senator Nichols for the purpose of an introduction.

SENATOR NICHOLS: Thank you, Mr. President. Mr. President, members, it is my honor and privilege to recognize and welcome the representatives of Athens, Texas, the county seat of Henderson County. Athens is known as the black eyed pea capital of Texas and it's the original home of the hamburger first introduced by Flipper Davis, 1904. The Texas Freshwater Fishery Center is located in Athens and makes it one of the greatest, best outdoor entertainment venues in east Texas. Athens is home of Trinity Valley Community College. It is a great place to raise a family, build a business. Would you please help me welcome the citizens of Athens, Texas today. Thank you.

SENATOR DEWHURST: Thank you, Senator Nichols. Senator Wentworth. The Chair lays out Senate Resolution 283 by Senator Wentworth honoring the Shriners. The secretary will read the caption. My grandfather was a Shriner.

PATSY SPAW: Senate Resolution 283, joining the Shriners of North America and the International House of Pancakes in celebrating March 1st, 2011, as National Pancake Day. By Wentworth.

DEWHURST: The Chair recognizes Senator Wentworth to explain the resolution.

SENATOR WENTWORTH: Thank you, Mr. President. Mr. President and members, the first Shriners meeting was held in New York City in 1872, and the first Shriners Hospital for Children opened its doors in Shreveport, Louisiana in 1922. Today the Shriners Hospital for Children is a network of 22 nonprofit hospitals across North America. Children up to age 18 are eligible for care regardless of their family's ability to pay. Two of those hospitals are right here in Texas. The hospital in Galveston is world renowned for its provision of care of children with burns. To aid the Shriners Hospital philanthropic endeavors, the International House of Pancakes will be encouraging their guests to donate to the Shriners in conjunction with National Pancake Day, which this year is March 1st, next week. Today, we have with us several individuals who are helping to make this special day possible. Mike Ford, potentate of Austin's Ben Hur Temple, if you'd step forward. Rick Evans, potentate of Fort Worth Mosla (phonetic) Temple. Tom Smith and Jim Smith of Imperial Public Relations. And Robert Tomason, vice president of operations for ACG and Texas IHop. Additional members of the group are seated in the gallery. Members, please join me in welcoming these great Texans to the Texas Senate. And, Mr. President, I move adoption of Senate Resolution 283.

DEWHURST: Thank you, Senator. Members, you've heard the motion by Senator Wentworth. Is there objection from any member? Chair hears no objection, and the resolution is adopted. Senator Hegar. The Chair recognizes Senator Hegar for an introduction.

SENATOR HEGAR: Thank you, Mr. President, and members. I would like to introduce a wonderful group from Senate District 18 who has traveled here from Washington County for Washington County Day. Washington County is the home of many great things in the state of Texas. For one it is the site of the great piece of Texas history as Washington on the Brazos, the birthplace of the great state of Texas' independence. I was there this past weekend for a celebration, and I welcome you out this coming weekend as we celebrate the birth of Texas at Washington on the Brazos. Most importantly Washington County is well known as the home of Blue Bell Creameries in Bringham, Texas. And speaking of that, members, staff, I would like to invite everybody to the Lieutenant Governor's reception room today from 12:30 to 2:45 where Washington County is going to be serving Blue Bell ice creme. Joining us today is the Bringham mayor, Milton Faith; Burton mayor Peggy Felder; Washington County Judge John Breden; Washington County Chamber chairman of the board Cathy Bocher, as well as Blynn College Foundation president Joe (inaudible). There are many people from Washington County, I'd ask for y'all to please stand. Thank you for your service to the great state of Texas. You're important to us, and we are so glad to have you here today. Thank you.

DEWHURST: Thank you, Senator Hegar. Senator Duncan. The Chair lays out Senate Resolution 213 by Senator Duncan. The secretary will read the resolution.

PATSY SPAW: Senate Resolution 213 designating Tuesday February 22nd, 2011, as Rolling Plains Day at the State Capitol. By Duncan.

DEWHURST: Chair recognizes Senator Duncan to explain the resolution.

SENATOR DUNCAN: Thank you, Mr. President and members. Rolling Plains -- the Rolling Plains is compromised of Wheeler, Donnelly, Collingsworth, Brisco, Hall, Childress, Motley, Cottle and Ford and Hardiman Counties. The scenic Rolling Plains is an area of approximately 28 million acres. The area is well known for its rugged beauty and recreational activities. I would invite you any time you're on a trip going to Colorado or going to New Mexico from Dallas, on 287, to just take a little time and explore some of the communities and some of the country side in that area. It is absolutely gorgeous, you'll see a lot of wildlife, you'll see a lot of the natural beauty of Texas. The Rolling Plains Communities Partnership is a fine example of how rural communities or rural counties pool their resources to promote economic and community development. The leadership and services provided by the Rolling Plains Communities Partnership have assisted numerous Texans, and it's my honor to welcome to the Senate floor for the Rolling Plains Day at the Capitol our following guests. The Childress Regional Medical Center board member Trey Morgan, Trey. Claude ISD superintendent Tony Tucker and Claude ISD board member Ronnie Heck. And Childress city council woman Sharon Blackburn. Welcome to the Senate floor. Mr. President, I move adoption of Senate Resolution 213.

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

SENATOR DUNCAN: Mr. President, we also have members of the delegation in the gallery, I think they're spread around. If they'd be -- if they'd stand and please be recognized.

SENATOR ELTIFE: Members, let's welcome them to the Texas Senate. Thank you, Senator Duncan. The Chair recognizes Senator Lucio for an introduction.

SENATOR LUCIO: Thank you, Mr. President, members. Members, the King Ranch board of directors unanimously elected Riveria, Texas native Robert J. Underbrink, 49 years of age of Houston as president and chief executive officer and appointed director as its meeting on this last year, June the 9th, in Kingsville. Mr. Underbrink is a 26-year King Ranch employee. He has been serving as senior vice president of King Ranch and replaces Mr. Jack Hunt who retired recently. Members, please help me welcome the new CEO and president of King Ranch, Incorporated Mr. Robert J. Underbrink.

SENATOR ELTIFE: Thank you, Senator Lucio. Chair lays out the following resolution, the secretary will read the resolution.

PATSY SPAW: Senate Resolution 305 designating Tuesday February 22nd, 2011 as Texas Panhandle Day at the State Capitol. By Seliger.

SENATOR ELTIFE: The Chair recognizes Senator Seliger on the resolution.

SENATOR SELIGER: Thank you, Mr. President, members. Some of us are blessed enough to live in the Texas Panhandle. It's home to the (inaudible) canyon, the second largest canyon in the United States, and has such vital industries as ranching, crop and meat production, oil, natural gas and military helicopters. Amarillo is the Panhandle's most northern city. It is home to nearly 190,000 proud Texans. It is part of an area that has made tremendous contributions in energy and manufacturing and agriculture to the state of Texas. It's a great honor in welcoming the citizens of the Texas Panhandle to the Senate. Five of whom are on the floor today. Her Honor, the mayor of the city of Amarillo, Deborah McCart. Riley Hill, the president and chief executive officer of Southwestern Public Service and XL Energy Company. Dr. J. Patrick O'Bryan, President of West Texas A&M University. J. Pat Richman, Chair of the board of the Amarillo Chamber of Commerce. And Roger Williams the director of side operations of Bell Helicopter. Please join me in welcoming the citizens of the Panhandle. Many of whom are in the east gallery of the Texas Senate.

SENATOR ELTIFE: Senator Seliger moves adoption of the resolution. Is there objection? Chair hears none, resolution is adopted. Thank you, Senator Seliger. Chair lays out the following resolution, the secretary will read the resolution.

PATSY SPAW: Senate Resolution 301 celebrating the 50th anniversary of the incorporation of the town of Flower Mound. By Harris.

SENATOR ELTIFE: The Chair recognizes Senator Harris on his birthday.

SENATOR HARRIS: Thank you, Mr. Chairman. Members, it's a real privilege for me today to recognize Flower Mound on their 50th birthday. Flower Mound used to be considered a part of Irving. It's a very dynamic area, and they were able to break away from everybody and establish their own unique community with a very unique history. It was once a home to camp well buffalo, indigenous horses. Flower Mound again is a thriving commercial district along the lake up in district nine. I yield to -- if either one of the Denton County members would say something.

SENATOR ELTIFE: Senator Nelson.

SENATOR HARRIS: I guess I'm the only one that's proud of you. Would y'all stand up, please? So good to have you.

SENATOR ELTIFE: Senator Nelson is recognized on the resolution.

SENATOR NELSON: Thank you, Mr. President. Senator Harris, I know that I'm 40 years old, so I wasn't around 50 years ago when Flower Mound became a city, but I've been there for most of my life and Flower Mound is a very special place. You're right in all of the words that you use to describe Flower Mound. People don't realize that there actually is a flower mound. There is a mound that is now preserved and you can go there, especially Easter time, they have a wonderful service and the flowers are out. But the Indians used to stand on Flower Mound and they could look over and they see far to the east and far to the west and it really is beautiful. So there really is a flower mound. I have chosen to live in Flower Mound and my kids live there and it's just a wonderful place to live and work and raise a family and there's very special people that live there. So Senator, thank you for honoring Flower Mound, and I wish I'd been alive 50 years ago when the city started out.

SENATOR HARRIS: Move adoption, Mr. President.

SENATOR ELTIFE: Members, you've heard Senator Harris to adopt the resolution. Is there objection? Hearing none, the resolution is adopted. Thank you, Senator Harris. The Chair lays out the following resolution, the secretary will read the resolution.

PATSY SPAW: Senate Resolution 304 recognizing Nigerian writer (inaudible). By Davis.

SENATOR ELTIFE: Chair recognizes Senator Davis on the resolution.

SENATOR DAVIS: Thank you, Mr. President. It is my pleasure to introduce this delegation today. We are joined by celebrated Nigerian writer Chike Mooma (phonetic) who is visiting us here in the State Capitol and was just honored over on the House floor. Mr. Mooma was born in (inaudible), in Nigeria in 1930, he was selected to attend government college, Eumaya (phonetic), an all boys citadel of secondary boarding school learning that was founded by the Colonial British government in 1927 and modeled on the famous English public schools Eaton and Harrow. He went on to earn a bachelors degree in history, English and religious studies from the university college, Ibadan (phonetic) in 1953. He and his peers were part of a remarkable generation that produced many of Africa's most notable artist, leaders and thinkers including the poet Christopher Aquibo, the noble laureate (inaudible) and the novelist Ching Wa Achebe (phonetic). And whereas, Mr. Mooma enjoyed a long and varied career before turning to writing full-time. He served as a first Nigerian land officer in the public service of the eastern Nigerian government from 1954 to 1956 and then worked as a librarian at university college Ibadan and the university of Lago. He continued in this profession with the United Nations in June 1966 to 1978, when he transferred to UN headquarters in New York to accept a position there. Although Mr. Mooma had published a story in the 1950s, it was not until after he retired in 1990 that his words saw print again. Today he is the author of five celebrated novels. His work of books, his native Nigeria as well as the experience of the Nigerian (inaudible) and reflects Mr. Mooma's own humility and moral vision. He now lives in Arlington with his wife Ethel of 51 years and their three children. He remains active with the Nigerian community in the United States and it is our honor and our privilege to have him on the Senate floor with us today. As I said, he's joined by his wife Ethel. Also with him is Mr. Jay Ogi, Mr. Obie Himba and Ike (inaudible). I hope I pronounced your names correctly and thank you so much for joining us. With that, Mr. President, I move adoption.

SENATOR ELTIFE: Members, you've heard the motion by Senator Davis. Is there objection to the adoption of the resolution? Hearing none, resolution is adopted. Thank you, Senator Davis. Chair recognizes Senator West for an introduction.

SENATOR WEST: Thank you very much, Mr. President and members. It is my distinct honor and privilege to introduce Dr. Frederick Douglas Haynes. For the past 26 years, Mr. President and members, Dr. Haynes has made -- Dr. Haynes the III has made it his mission to empower, change people to change the world. Dr. Haynes is the senior pastor at Friendship West Baptist Church, and he's been in that capacity since like 1983. He's lead -- he leads one of the largest churches in Dallas starting off at like 500, now has a membership of over 12,000. Dr. Haynes is a native of San Francisco, California but got to Texas as fast as he could. And he's actively involved not only in the religious community but also involved in changing Texas the city of Dallas and the state of Texas. And so, members, I'd like for you to welcome Dr. Frederick Douglas Haynes, the III.

SENATOR ELTIFE: Thank you, Senator West. Chair lays out the following resolution, the secretary will read the resolution.

PATSY SPAW: Senate Resolution 343 recognizing the West Texas Area Health Education Center Program. By Duncan.

SENATOR ELTIFE: Chair recognizes Senator Duncan on the resolution.

SENATOR DUNCAN: Thank you, Mr. President, members. The West Texas Area Health Education Center serves West Texas in Abilene, Canyon, El Paso, Midland and Plainview. Its service has benefited more than 2.6 million people. In 2010 alone -- we call it AHEC, and many of you have heard of AHEC, if you've served on the finance committee. In 2010 alone, AHEC introduced more than 43,000 young students to health careers. This is particularly important in our rural health care -- in our rural areas because this is the pipeline that helps feed our health care institutions in that area -- in the rural areas of the state. AHEC is a leader in placing medical students in rural settings to strengthen their education by directly exposing them to the hands of the rural health care. AHEC has greatly benefited the quality of life and economic development in our region. It's my honor to welcome to the Senate floor our guests with regard to this resolution. The first guest is Dr. Billy Phillips, he is the vice president and director of F. Marie Hall Institute and Hospital for Rural and Community Health. Our next guest is Mark Warren who is board president of AHEC of the Plains. Mark, good to see you. Our next is Danielle Askins, the center director of AHEC of the Plains. Kelly Cheek, the Big Country center director. And Ronny Lawrence, Big Country director of special projects. Let's help welcome -- I think we have some folks in the gallery too, but I'm not sure where they are. If they could stand please and be recognized. Mr. President, I move adoption and welcome to our guests.

SENATOR ELTIFE: Senator Duncan moves adoption of the resolution. Is there objection? Chair hears none, resolution is adopted. Thank you, Senator Duncan. The Chair lays out the following resolution. The secretary will read the resolution.

PATSY SPAW: Senate Resolution 308 designating Tuesday February 22nd, 2011 as Texas Emergency Medical Services and Trauma Day at the State Capitol. By Nelson.

SENATOR ELTIFE: The Chair recognizes Senator Nelson on the resolution.

SENATOR NELSON: Mr. President, members, Senate Resolution 308 recognizes the health care professionals who make up our state's trauma care system. As they gather at the Capitol today for Texas Emergency Medical Service Trauma Day. Ready to assist Texans at a moment's notice, these dedicated men and women respond to emergencies from motor vehicle accidents to natural disasters to heart attacks and strokes. They respond with speed, compassion and professionalism. Often risking their own lives in the process. We are grateful for their outstanding contributions to making Texas a safer and healthier place to live. I'd like to ask the delegation of Emergency Medical Professional Services personnel in the gallery to please rise and be welcomed to the Texas Senate. Will y'all please stand? We appreciate you greatly. Mr. President, I move adoption of this resolution.

SENATOR ELTIFE: Senator Nelson moves adoption of the resolution. Is there objection? Chair hears none, resolution is adopted.

SENATOR NELSON: Thank you, Mr. President.

SENATOR ELTIFE: Thank you, Senator Nelson. Chair lays out the following resolution. The secretary will read the resolution.

PATSY SPAW: Senate Resolution 258 recognizing Leadership North Texas Class of 2011. By Shapiro.

SENATOR ELTIFE: Chair recognizes Senator Shapiro on the resolution.

SENATOR SHAPIRO: Thank you very much, Mr. President and members. Today I'd like to welcome to the Capitol Mabrey Jackson who is president and CEO of the North Texas Commission which is -- I thought she was going to be on the floor but maybe -- are they even here? Is Leadership North Texas here? They're not here. You're in Leadership North Texas. Well, should we wait until they get here?

SENATOR ELTIFE: We can come back to you, Senator Shapiro.

SENATOR SHAPIRO: I'm sorry. Thank you.

SENATOR ELTIFE: Senator Shapiro pulls down the resolution. Thank you, Senator Shapiro.

SENATOR SHAPIRO: I'm sorry.

SENATOR ELTIFE: Chair lays out the following resolution. The secretary will read the resolution.

PATSY SPAW: Senate Resolution 317 designating Tuesday February 22, 2011, as Commercial Real Estate Development Day at the State Capitol. By Watson.

SENATOR ELTIFE: Chair recognizes Senator Watson on the resolution.

SENATOR WATSON: Thank you very much, Mr. President. Members, it's my pleasure to recognize with this resolution, No. 317, February 22nd, 2011, is Commercial Real Estate Development Day in Texas. Each of us and all of us recognized that the Real Estate Councils of Texas play a pivotal role in our state. In fact, the organization known as the Real Estate Councils of Texas was formed in 2008 so that we would have an industry resource and enhance the role of real estate within our state's economy. They formed this coalition to educate the public on issues that affect the industry and advocate on behalf of the industry. The founding members were the real estate councils of San Antonio, Austin and Dallas as well as the greater Fort Worth Real Estate Council, the Houston Real Estate Council and Houstonians for Responsible Growth. So the Real Estate Council of Texas represents all of our state's major markets and that's fitting and proper when you consider the role that real estate plays and the impact it has -- the industry has on our state's committee. For example, in 2007, the real estate industry provided approximately $3.8 billion in state tax revenue and generated more than 270 billion in total economic activity. Additionally it contributed $76.8 billion in labor income and produced 1.75 million total jobs. Members, please help me in welcoming representatives of the Commercial Real Estate Councils of our state on this day, the Commercial Real Estate Development in Texas. And, Mr. President, I move adoption of Senate Resolution No. 317. And as I do, I would ask the representatives of our Real Estate Councils across the state to please stand so we can recognize them. Thank you, Mr. President.

SENATOR ELTIFE: Senator Watson moves adoption of the resolution. Is there objection? Hearing none, the resolution is adopted. Thank you, Senator Watson. Chair lays out the following resolution, the secretary will read the resolution.

PATSY SPAW: Senate Resolution 325. Whereas, February 21st, 2011, marked the 75th anniversary of the birth of the Honorable Barbara Jordan. The legacy that she established in her service to the citizens of Texas and the United States of America remains a source of inspiration to countless people. And time can not diminish the contributions of this admirable patriot, politician, teacher, mentor, friend, icon and hero; and whereas, born in 1936, to Benjamin and Arlene Jordan, Barbara Jordan was raised in Houston's 5th Ward and graduated with honors from Phyllis Wheatley High School in the Houston independent school district; and whereas, Ms. Jordan attended Texas Southern University where she majored in government and history and was a member of the debate team winning numerous honoring for her oratory skills. After graduating Magna Cum Laude from TSU, she enrolled at the Boston University School of Law and received her law degree in 1959. And whereas, in 1966 Ms. Jordan became the first black woman ever elected to the Texas Senate as well as the first African American to be elected as state Senator in the United States since 1883. And whereas, following her successful run for a seat in the U.S. Congress in 1972, Ms. Jordan served in the House of Representatives from 1973 until 1979 during which time she enhanced her reputation as a provocative public speaker and rose a leader on issues relating to voting rights, consumer protection, energy and the environment. And whereas, in her role as a member of the House Committee on the Judiciary, she gained national prominence during the Watergate impeachment proceedings against President Nixon in 1974. Speaking before the committee, she movingly portrayed the intention of the framers of the U.S. Constitution and eloquently stressed her faith in that document even as she noted that "we the people," the first words to the Preamble of the Constitution, were not originally intended to apply to African Americans. And whereas, in 1976 Congresswoman Jordan became the first female and the first African American to serve as the first keynote speaker at the Democratic convention. And her speech reiterated her faith in the Constitution and the desire to form a national community that would fulfill the country's purpose of creating and sustaining a society in which all are equal. And whereas, Ms. Jordan retired from elected office in 1979 and became a distinguished professor at the Lyndon B. Johnson School of Public Affairs at the University of Texas at Austin. For the remainder of her life she focused on mentoring a new generation of inspiring leaders, encouraging them to excel and to commit themselves to public service. And whereas, at the request of President Bill Clinton, she became Chair of U.S. Commission on Immigration Reform in the mid 1990s and held that office until her death. In 1994, President Clinton honored her for her patriotism and outstanding service by awarding her the Presidential Medal of Freedom, the country's highest civilian honor. And whereas, Barbara Jordan passed away in January 1996, but her lifelong commitment to freedom, integrity, equality and justice resonates as powerfully today as it did in years past. And her tireless efforts to champion our nation's highest ideals are indeed deserving of our recognition and respect. Now, therefore be it resolved that the Senate of the 82nd Texas legislature hereby pay tribute to the life of Barbara Jordan in honor of the 75th anniversary of her birth. By Ellis, et al.

SENATOR ELTIFE: Chair recognizes Senator Ellis on the resolution.

SENATOR ELLIS: Mr. President and members, I won't give a long speech since I had Ms. Spaw read the entire resolution. Normally I wouldn't have that done, but since it's such a great portrait of Professor Jordan on the Senate floor, I'm afraid she might be listening and she did turn 75 on yesterday, so I would not want to misbehave. I met Barbara Jordan early on in life, and I had the privilege of being her driver on a number of occasions over the years. I came back to Austin earlier this week, there was a dinner at her home to launch the Barbara Jordan Foundation, it is called the Freedom Foundation. A couple of the board members were here earlier, Norma Cantu and Bill Hillgrest, I think that Laura Langham, executive director Steelham and I'm going to have her stand in a second if she is here. Also students from the Barbara Jordan School in Houston came up. They were recognized on the House side but had to leave. She did do one very important thing when she served in the state Senate. She was only here for six years and only in Congress for six years. Actually she served as a professor for more years than she was in elective office. But in her first session, one of the most important bills that she had to kill, Senator West, was a bill to kill a onerous voter registration bill that would have required people to reregister every year and prove their ability to mark and sign the ballot at the county courthouse. One of her conservative colleagues said, I just couldn't vote on that voter registration bill when the nice lady asked me not to do so. So when we have our version of what I consider onerous voter registration, a voter participation issue should come back from the House, I'm going to be asking my colleagues to think of Barbara Jordan and her colleagues that had that battle some 40 years ago. Members, will you please join me in just appreciating Barbara Jordan's life and her birthday, turned 75 yesterday. And if Laura Langham is still in the gallery, there she. Will you please welcome Laura Langham and I also see Norma Cantu waving up there and Bill Hilgers from the Barbara Jordan Freedom Foundation. Thank you.

SENATOR ELTIFE: Members, Senator Ellis moves adoption of the resolution. Would all those in favor of the resolution, please rise? Resolution is adopted. Thank you, Senator Ellis. Chair lays out the following resolution. The secretary will read the resolution.

PATSY SPAW: Senate Resolution 258 by Shapiro recognizing Leadership North Texas Class of 2011.

SENATOR ELTIFE: Chair recognizes Senator Shapiro on the resolution.

SENATOR SHAPIRO: Thank you so much, Mr. President and members. I'd like to introduce to you Mabrey Jackson. Mabrey is actually the president and CEO of the North Texas Commission. And Mabrey's brought with her a group of individuals from the North Texas area and they call it Leadership North Texas. And Leadership North Texas is an outflow, it's only been two years in the making, but it's an outgrowth of the North Texas Commission which was established in the early 1970s with a group of civic leaders throughout the north Texas area that said, We need a regional, I like to call it a regional chamber of commerce is actually what it is. It's a nonprofit membership organization, it's member supported and it maximizes the visibility of the entire region. The entire area is a great place to live. This program that Mabrey oversees is a graduate level regional leadership program, and it is celebrating, as I mentioned, its second year. The members are here today. Unfortunately they are actually eating lunch somewhere, because we got a little bit delayed in all of our resolutions, but I know Mabrey will take that resolution with her and will share it with the group. These are some fine outstanding citizens that have wonderful day jobs, but if chosen to participate in civic endeavors in north Texas. And we're very proud of what they do. And I'd like you to join me, members, in recognizing the Leadership North Texas group and adopting Senate Resolution 258 at this time.

SENATOR ELTIFE: Members, you've heard the motion by Senator Shapiro to adopt the resolution. Is there objection? Hearing none, resolution is adopted. Thank you, Senator Shapiro. The Chair lays out the following resolution, the secretary will read the resolution.

PATSY SPAW: Senate Resolution 331 designating Tuesday February 22, 2011, as Justice of the Peace and Constables Association Day.

SENATOR ELTIFE: Chair recognizes Senator Lucio on the resolution.

SENATOR LUCIO: Thank you, Mr. President. Members, today's a very special day for a group of elected officials that all of us look up to and for direction and for advice every day of our lives, quite frankly, as public officials. And I'm very happy to have the opportunity and it's my privilege and I want to thank Senator Williams and his staff for allowing me to take his place in introducing a group of these outstanding individuals. Again, it is my privilege to have -- our privilege to have these justices of the peace and constables as our guests here at the Capitol today. The history of these two offices have been both colorful and beneficial to the people of our great state. As offices of the locally elected officials closest to the people, the closest form of government to people, they are often referred to as "the people's court" or "the people's police." Thus reflecting both their rich heritage and important service to our communities. Constables and justices of the peace have formed a close relationship that have supported each other in their endeavors to serve their respective communities for over 180 years. Today on the floor we're privileged to have Judge Jackie Miller, Ellis County precinct No. 2. We also have Constable Chad Jordan, Hook County precinct No. 4. And also joining us is Judge Susan Thompson, Matagorda County precinct 2. And Constable Mike Truit, Denton County precinct 2. And last but not least one of my very own constables, Larry Gallardo in Hidalgo County. So let's give them a big Texas welcome here this morning. Thank you. And I'd like to move on this resolution at this time.

SENATOR ELTIFE: Senator Lucio moves adoption of the resolution. Is there objection? Chair hears none, resolution is adopted. Thank you, Senator Lucio. Chair lays out the following resolution, secretary will read the resolution.

PATSY SPAW: Senate Resolution 336 declaring the week of February 20th through 27th, 2011, as Texas Saves Week by Lucio.

SENATOR ELTIFE: Chair recognizes Senator Lucio on the resolution.

SENATOR LUCIO: Thank you, Mr. President. Members, today I rise in support of a campaign and a principle. This week is National America Saves Week. America Saves works to create a culture of saving through financial education. Thankfully this national campaign has a precedence here in Texas. That culture of savings is being cultivated here too. I want to thank those who work with America Saves here in Texas. I know you work hard to encourage and educate Texans about the benefits of saving for a rainy day or saving for a child's college tuition or retirement fund. I know that Texas has some way to go on these issues. Statistically Texas is ranked 48th nationally in terms of medium net worth. Over a quarter of the poorest Texas households do not even have a Texas banking account. Members, we know that savings enabled families to weather hard times, expand opportunity and spur upward mobility. So I applaud the work of America Saves on behalf of Texas families. And with that, Mr. President, I'd like to move adoption of this resolution.

SENATOR ELTIFE: Senator Lucio moves adoption of the resolution. Is there objection? Chair hears none, resolution is adopted.

SENATOR LUCIO: Thank you Mr. President, and thank you, members.

SENATOR ELTIFE: Thank you, Senator Lucio. The Chair recognizes Senator Ellis on an introduction. Senator Ellis.

SENATOR ELLIS: Thank you, Mr. President, and members. I have a very special group of honorees who are going to come out. These are men who endured injustice of the abuse of government power, government making mistakes, that these are mistakes that none of us can imagine. They were all wrongfully convicted in Texas. Many losing decades of their lives. We have a total of 11 exonerees represented today, three of whom are nonDNA exonerations, and they are here in part today to testify on an eyewitness identification bill that's going to be heard on the House side. A little late because they were on the House floor meeting with our colleagues on that side. Although they were -- they had loved ones who missed them and they lost a combined total of 201 years of their lives in prison for crimes they did not commit, for the injustices the state committed against them. I thought we could at least take time to honor them on this day in the state legislature. They're going to testify before committees and tell their individual stories. In addition to the three exonerees on the floor, I also have Ms. Ruga Session (phonetic), who is not an exoneree. Many of you have met Ms. Session in 2009, she's the mother of Timothy Cole who was in prison for 13 years before he died of an asthma attack. Tim was posthumously exonerated in 2009 and pardoned by the governor last year. Last session we passed two laws in Tim Cole's name. The Tim Cole Act increases compensation for people that have been wrongfully convicted, and the legislation established the Tim Cole Advisory Panel on Wrongful Convictions. Tim's conviction was based on a mistaken eyewitness identification. The Tim Cole Advisory Panel recommended that we address that issue this session. Ms. Cole and her son and I met with Governor Perry this morning to talk about that bill. Johnny Lindsey, would you just please wave, Johnny? Johnny may not have come out here, but Johnny Lindsay served 26 years in prison before he was exonerated by DNA evidence in 2008 in Dallas County. He was wrongfully convicted because of mistaken eyewitness identification. Billy Smith. Thank you, Bill. Sure are looking good in that new suit. Mr. Smith served 19 jurors in prison before being exonerated in Dallas County in 2006, another mistaken eyewitness identification. Anthony Graves, Mr. Graves was incarcerated for 18 years. He spent 12 years on death row before his conviction was dismissed in October. Last year the comptroller denied his application -- last week the comptroller denied his application for compensation from the state, which Governor Perry has called a great miscarriage of justice. We're working closely with the comptrollers and a number of legal experts and attorney general's office to see if we can try and right that miscarriage of justice. Hopefully we can do it without having to pass legislation, but if that is necessary, I'm certainly going to ask my colleagues to consider cosponsoring legislation to right that wrong. If we cannot figure out how a way to get Anthony compensated through the comptroller, we ought to all do whatever we can to make sure before this session ends, we resolve that issue. Last but not least, unless my staff passes me a note telling me who I missed, I have Cornelius Dupree. Before I get to Charles Chapman, Cornelius Dupree, who I've gotten to know quite well over the past couple of months. He had his conviction overturned in January thanks to DNA evidence and the good work of the Innocent Project. I happen to sit on the board of Innocence Project down in New York (inaudible) board. Cornelius served 30 years in prison. You heard that right. Thirty years in prison for a crime that he did not commit. He served more time in prison than any other Texas exoneree, and he's just another case of mistaken eyewitness identification. Mr. Chapman, I'm sorry I don't have my notes here in front of me to give your complete story, but would you please wave as well? I'm going to get that note. Twenty-seven years in prison for a crime that he did not commit. And, members, it's just so important to put a face on the criminal justice system in Texas and the problems that we have. I think it sensitizes us when we see these young men and look in the eyes and when we look in your eyes as well, Ms. Ruga Session. So thank you very much for being here. Members, will you please welcome these exonerees to the Texas Senate? And I don't want to violate the rules. They were on the House side. If you others just kind of tip in and wave so they'll know you're in there as well. The others, just so you know, they're here as well. Members, please give them a round of applause as well. Thank you.

DEWHURST: Deuell. Is Senator Deuell on the floor? The Chair recognizes Senator Deuell for an announcement. 24 hour notice on nominations on -- excuse me, on all.

SENATOR DEUELL: Thank you, Mr. President, members. Wednesday I will move to confirm the nominees listed on the committee action report placed on your desks. These nominees were taken up at our meeting Monday morning, February 21st.

DEWHURST: Thank you so much, Senator Deuell. The Chair recognizes Senator Nelson for an announcement.

SENATOR NELSON: Thank you, Mr. President, members. Senate Finance Subcommittee on Medicaid is going to resume its hearing in the Senate chamber at 1:00 o'clock today.

DEWHURST: Thank you, Senator. Chair recognizes Senator Carona for an announcement.

SENATOR CARONA: Thank you, Mr. President. Members, the Senate committee on Senate Business and Commerce will reconvene in E1016, 15 minutes after the Senate adjourns today.

DEWHURST: And what was that that I heard? That ergot's not a natural resource? Okay. The Chair recognizes the dean of the Senate for a highly privileged motion.

DEAN OF THE SENATE: Mr. President, if I could ask everyone to please give our colleagues their attention. I would move that we adjourn until tomorrow in memory of Skylar Brook Carpenter, a constituent of Senator Eltife, and he'd like to be recognized at this time.

DEWHURST: The Chair recognizes Senator Eltife.

SENATOR ELTIFE: Thank you, Mr. President. Thank you, Mr. Dean and members. Today in the chamber we recognized Future Farmers of America from across the state. Unfortunately one group of FFA students from my FFA district were unable to be here. This group of high school students from Quitman, they were driving to the San Antonio FFA meeting with their teacher and they were involved in a traffic accident in Van Zandt County. The accident resulted in death of one of the students with several others injured. Skylar Brook Carpenter, just 15 years old died, at the scene. She was the daughter of David and Becky Carpenter and is survived by her parents and sister Shelby. Skylar was a member of First Baptist Church in Quitman and was in the youth choir. Her fellow students said she always brightened up the hallways in the school and touched their lives. As a father of a son close to Skylar's age, I cannot begin to imagine the pain her family is going through. I simply ask that all of you members, here in the chamber, and everyone within the sound of my voice, please keep the Carpenter family and the community of Quitman in your prayers as they mourn the loss of this fine young lady. And I ask that when the Texas Senate adjourns today, we do so in memory of Skylar Brook Carpenter. Thank you, Mr. President and members.

DEWHURST: Thank you, Senator Eltife.

DEAN OF THE SENATE: Mr. President, also, I would recognize or we have another tragedy, a young person -- or actually an intern for Senator Jackson. He'd like to be recognized.

DEWHURST: Chair recognizes Senator Jackson.

SENATOR JACKSON: Thank you, Mr. President and Dean Whitmire. It's with a great deal of sadness and a heavy heart that I will be asking in addition to Senator Eltife's loss of his constituent, that we also adjourn today in honor of Jessica Fortita. She was in her second year of law school here at UT and recently joined my staff as an intern. And she was raised in Beaumont, attended Monsignor Kelly High School, graduated UT with a BS in political communication in 2007. And just a great kid. She was a leader, she was active, in addition to her studies, Phi Beta Phi, and the Pentelic (phonetic) president of UT. She served as deputy finance director for Texans for Greg Abbot before beginning law school in 2009. And just perhaps her mother hit the nail on the head and said it best, talking about Jessica, she was a leader, she worked hard for everything, and she was a woman of faith. This was a huge gain for heaven, and we send our sincerest condolences to her family and her friends and pray that they will find peace in this very trying time. And Senator Williams and I move -- who is not in right now -- would request, Mr. President, if we could, that the words be reduced to writing for their family and hopefully we can adjourn in these two losses that are really tragic losses today, thank you.

DEWHURST: Thank you, Senator Jackson. Members, you've heard the motion by Senator Jackson. Is there any objection by any member? Chair hears no objection, so ordered. Chair recognizes Senator Whitmire.

DEAN OF THE SENATE: Thank you, Mr. President, I move that the Senate adjourn until 10:00 a.m. tomorrow in memory of Sky Carpenter and Jessica Fortita.

DEWHURST: Thank you, Dean. Members, you've heard the motion by the Dean of the Senate. Is there any objection from any member? Chair hears no objection, so ordered.