SENATOR OGDEN: 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.

SENATOR OGDEN: A quorum is present. All on the floor and in the gallery, please rise for the invocation to be delivered by Reverend Ron Smith of the St. David's Episcopal Church of Austin.

RON SMITH: Oh God, the fountain of wisdom whose will is good and gracious and whose law is truth. We beseech You so to guide and bless the members of the Texas senate so they may enact such law as shall please You to the glory of your name and the welfare of the people of Texas. We ask this in confidence of God's abundant mercy. Amen.

SENATOR OGDEN: Thank you, Reverend Smith. All right. The gallery may be seated. Senator Whitmire moves to suspend with the reading of yesterday's journal. Is there objection? The chair hears none, 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 appointment. To be judge of the 76th Judicial District Court, Cant Morris in Titus County; Carry Dee, Danny Woodson, Mount Pleasant. Respectfully submitted, Rick Perry, governor of Texas. To nominations.

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

PATSY SPAW: Senate Resolution 311 declaring Wednesday February 23rd, 2011, as Children's Advocacy centers Day at the Texas State Capitol. By Nelson.

SENATOR OGDEN: Chair recognizes Senator Nelson to explain the resolution.

SENATOR NELSON: Thank you, Mr. President, members. Senate Resolution 311 recognizes today as Children's Advocacy Centers of Texas Day. The mission of our 64 local advocacy centers is to restore the lives of abused children by partnering with local agencies to investigate and prosecute child abuse. Local advocacy centers bring together law enforcement, child protective services and health professionals to create a safe haven for which abused children can bring their journey from justice to healing. On behalf of the children of Texas, we thank these advocates for their dedication and hard work. Members, if you have not been to one of these advocacy centers and seen the marvelous work that these individuals do, you need to go and see. We greatly appreciate them. Would those with the Children's Advocacy Centers of Texas please rise and be welcomed to the Texas Senate. Thank you all for what you do. Mr. President, I move adoption of this resolution.

SENATOR OGDEN: Chair recognizes Senator Rodriguez.

SENATOR RODRIGUEZ: Mr. President, good morning. Members, I rise in support of your resolution, Senator Nelson, because I happen to have the privilege and the honor of also serving with the board of the child advocacy center in El Paso. In fact, I was one of the founding board members about 15 or 16 years ago, and it's a tremendous organization. It does a lot of work with our children, so I fully support your resolution. Thank you. Thank you, Mr. President.

SENATOR OGDEN: Thank you, Senator Rodriguez. Is there objection to the adoption of the resolution? Chair hears none, the resolution is adopted. Chair recognizes Senator Lucio to introduce the doctor of the day.

SENATOR LUCIO: Thank you, Mr. President and members. It is my pleasure to introduce Dr. Audrey Lee Jones a native of Alamo, Texas. She attended the University of North Texas College of Osteopathic Medicine and returned to the Rio Grande Valley to begin her practice in 1997. Currently Dr. Jones is part of the Preventive Care Institute in McAllen, Texas. She is certified by the American Board of Forensic Examiners and the American Board of Family Practice. Along with being a doctor, she and her husband run a bed and breakfast that cater to south Texas bird watchers. They also travel to England yearly to promote nature tourism in Texas. Very fitting today, since today is Tourism Industry Day here at the Capitol. Mr. President, members, help me welcome and thank Dr. Jones for taking time away from her practice to bless us all here today with good health.

SENATOR OGDEN: Thank you, Dr. Jones. The Chair recognizes Senator Duncan for a motion.

SENATOR DUNCAN: Thank you, Mr. President and members. Members, I move to suspend Rule 202 to allow a special guest Lyndon Beatty to sit with me on the floor during his introduction.

SENATOR OGDEN: Is there objection to the motion? Chair hears none, motion's adopted. Chair recognizes Senator Duncan for an introduction.

SENATOR DUNCAN: Members, today I'm very honored to have with me a young man Lyndon Beatty. With your permission we have him sitting on the floor here with me this morning, and I think you'll find this very interesting and also promising for our public education and for persons who suffer from certain types of disabilities and illnesses. Lyndon is 15 years old, and he's a freshman from Knox City, Texas. Knox City's a town out in west Texas. You may know, remember David Counts s who was from Knox City, Texas. Many of you have seen Lyndon on TV recently. He's a movie star now, and he's been featured on the today show, MSNBC, and in a worldwide documentary for his use of his VGO robot while he called -- which he calls the Baby Bot. Lyndon was born with a recessive polycystic kidney disease and went on dialysis when he was five years old. He received a kidney transplant in 2003, when he was just seven years of age. His body actively began rejecting the transplant in May of 2010. Now, Lyndon is a homebound student through Knox City O'Brian Consolidated Independent School District due to being extremely immuno suppressed. Now, let's talk about his robot which he calls the Baby Bot. Instead of going to class himself Lyndon sends his Baby Bot to school. He uses the robot to provide two way interactive communication with his teacher and classmates. This technology allows him to actively participate in classroom discussions which has greatly changed his outlook on life due to having interaction with others. The robot you see is new technology. It was only recently put on the market, and Lyndon is the first child in the United States to use this VGO robot in a school setting. Members, please join me in welcoming Lyndon Beatty, Baby Bot, and Lyndon's parents, Louis and Sherry Beatty on the floor. And Lyndon's going to do a little demonstration for us here. As you see a Baby Bot's going to come out on the floor and greet you today. And he will greet you through Baby Bot. So members, join me in welcoming these fine people and this new technology. (Robot going around the floor).

SENATOR OGDEN: Members, Lyndon, thank you for that demonstration. Members, let's give Lyndon Beatty and his family a warm welcome.

SENATOR DUNCAN: Mr. President, there also -- I would note his parents and his father is a superintendent of the school district are on the floor, if you want to say hello to them as well. Thank you for your observation of this new technology, and it's amazing what this type of technology has meant to his life but also to the hope for other kids who are in a similar situation. Thank you, Lyndon.

SENATOR OGDEN: Senator Eltife.

SENATOR ELTIFE: Chair lays out the following resolution. The secretary will read the resolution. Members, if we could have a little order in the chamber.

PATSY SPAW: Senate Resolution 278. Whereas, member of the Sheriff's Association of Texas, one of the nation's oldest law enforcement organizations, are gathering in Austin on February 23rd, 2011, to participate in Sheriff's Association of Texas Day at the Capitol. And whereas, the Texas constitution created the office of sheriff in each county of the state, legislation requires that a sheriff conserve peace and enforce the criminal laws of the state. Moreover, the sheriff is responsible for the county jail, bailbond, civil process and the security of the courts. In some smaller counties the sheriff may also act as a tax collector; and whereas, the first meeting of this esteemed association took place on August 14th, 1874, association members adopted their preamble calling for sheriffs to assist one another in the execution of laws and the discharge of their duties against criminals and in the protection of citizens and their respective counties and throughout the state. The group has continued to follow the dictates of this mission; and whereas, the office of sheriff is one of the oldest forms of law enforcement. Sheriffs in our state's 254 counties are elected to four year terms and each sheriff is a member of the Sheriff's Association of Texas. In addition, more than 2,500 individuals are active members of the group and more than 45,000 individuals are associate members. Now, therefore be it resolved that the Senate of the state of Texas 82nd legislature hereby recognize February 23rd, 2011, as Sheriff's Association of Texas Day at the Capitol and commend the members of the Sheriff's Association of Texas for their many contributions to our state. By Ogden.

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

SENATOR OGDEN: Mr. President, members, I know the Senate will want to pay attention to the chief law enforcement officers of their respective counties. On the floor today as guests to the Texas Senate and from the Sheriff's Association, Steve Westbrook, executive director of the Sheriff's Association of Texas; Midland County Sheriff Gary Painter; president of the Sheriff's Association of Texas, Brazos County sheriff Chris Kirk; chairman of the Sheriff's Association Texas Legislative Committee and Harris County Sheriff Adrian Garcia; vice chairman of the Sheriff's Association of Texas Legislative Committee. They're over 100 sheriffs from all over the state here in the south gallery today, and I want to say personally that we are grateful for your service as the chief law enforcement officers of your respective counties and for your service to the state of Texas. Welcome to the Texas Senate.

SENATOR ELTIFE: Thank you, Senator Ogden. Senator Lucio on the resolution. You're recognized. Senator Lucio.

SENATOR LUCIO: Thank you, Mr. President. Senator Ogden, thank you for this resolution. I happen to be a little partial, and I favor the sheriff's office. My dad worked for the sheriff's office for 30 years in Cameron County, and I always say with ten kids along the way. But I know the role of a county sheriff. I myself worked at the county courthouse for 12 years as a county treasurer and county commissioner. I can tell you folks that we're not thankful most of the time, but -- until we need law enforcement by our side, but we should be thankful each and every day of our lives. I know the sheriffs all over the state have a job to do at the local level and they come in contact with our constituents on a daily basis. The closest form of government, I've always said, to people in this state is county government, county sheriffs are obviously a very important role in our society. I want to especially compliment the sheriffs that are close to the border, the Texas/Mexico border. They have beefed up what they do in order to fight the war on drugs and those that choose to break our Texas laws in that area of the state. But I join with you, Senator Ogden, I think this is a very important day for us all to acknowledge the good work of our sheriffs in our great state. Thank you very much. Congratulations, sheriffs.

SENATOR ELTIFE: Thank you, Senator Lucio. Senator Zaffirini is recognized on the resolution.

SENATOR ZAFFIRINI: Thank you, Mr. President. I join Senator Ogden in congratulating and thanking our sheriffs including the 17 from my district who are here today, including Carlos (inaudible) from (inaudible; (inaudible) Ortiz from Bexar; (inaudible) from Duvall; Larry Busby from Live Oak; Leroy Moody from Santa Patricio; Martine (inaudible) from Webb; Joe Tackett from Wilson; and Ziggy Gonzales, Jr. from Sapata. Thank you, Senator Ogden, for your leadership in recognizing these fine officials.

SENATOR ELTIFE: Thank you, Senator Zaffirini. Senator Huffman, you're recognized on the resolution.

SENATOR HUFFMAN: Thank you, Mr. President, members. And, Senator Ogden, thank you for bringing this resolution. I wanted to say a special hello the sheriff from Harris County, Adrian Garcia. Thank you for being here. Sheriff Garcia has a big challenge in Harris County with the number of inmates we have and the special challenges and he has made an effort to address the issue of the mental health treatment of the prisoners which has really turned into quite a project for him. So I commend you for bringing this to our attention and trying to make a difference and trying to make some changes in the jail. Thank you for your service, all of you and everyone here who works so tirelessly to keep our state safe. Thank you for all you do. Thank you.

SENATOR ELTIFE: Thank you, senator Huffman. Senator Seliger is recognized on the resolution.

SENATOR SELIGER: Thank you, Mr. President. It's an honor to stand today in favor of this resolution. I think I first became aware of Texas sheriffs as a sophomore at Border High School, it's an interesting story saved best for another time. But in the 26 counties in the 31st district, most of which are rural counties, what the sheriffs and their organizations and deputies represent is the epitome of law enforcement and proficiency, professionalism to ensure that people in rural Texas have the same protections of person and property as people in urban counties. And they make up the majority of law enforcement in the 31st district and rural counties all over the state of Texas. This is a perfectly appropriate and fitting resolution for some of Texas' best law enforcement officials.

SENATOR ELTIFE: Senator Seliger, thank you. Senator Hinojosa, is recognized on the resolution.

SENATOR HINOJOSA: Thank you, Mr. President and Senator Ogden. There's a reason why people say, Here comes the sheriff and there are problems unique in law enforcement and where they work are in the rural areas. And I would like to recognize four of my sheriffs in my Senatorial District 20. We have Sheriff Travino from Hidalgo County, Sheriff Lopez from (inaudible) County; Sheriff Caylin from Louis County, and Sheriff Rodriguez from Bush County. I just want to thank the sheriffs for their work, the commitment to keeping people safe not only in the areas like Houston where you have Sheriff Garcia but also in the rural areas of south Texas where we have those wider areas where you have to patrol with the deputies. Thank you, Senator Ogden, for bringing this resolution to the floor.

SENATOR ELTIFE: Thank you, Senator Hinojosa. Senator Patrick, you're recognized on the resolution.

SENATOR PATRICK: Thank you, Mr. President. I too thank the Senator for bringing our sheriffs the great attention they deserve. We appreciate everything y'all do for the state. And Sheriff Garcia, sheriff for Harris County, we're honored to have you here on the floor. We know the job is not easy and we appreciate the job every day of your entire department. I know you're the lead, it's every man and woman on the street and in the jail that gets the job done and we appreciate it on behalf of the citizens of Harris County. Good to have you here.

SENATOR ELTIFE: Thank you, Senator Patrick. Senator Gallegos, you're recognized on the resolution.

SENATOR GALLEGOS: Thank you, Mr. President. I'd like to join Senator Ogden on this resolution and welcome to the sheriffs. I'm particularly proud of my sheriff. He was in the Houston police department when I was in the Houston fire department and, we go a long way back. But I think Senator Huffman said it the best, he does a lot with less and he also uses the provisions given to him by Congress on dealing with the immigration status in Harris County. And I'd urge all the sheriffs to use that. It's a tool that was given to all law enforcement agencies by Congress to deal with the immigration process and I think it's working well in Harris County. So welcome to all the sheriffs and especially to mine, Adrian Garcia.

SENATOR ELTIFE: Thank you, Senator Gallegos. I would also like to join in welcoming the sheriffs from my district to the Texas Senate and appreciate all the work the sheriffs do across the state to protect our citizens. Senator Ogden.

SENATOR OGDEN: I move adoption of Senate Resolution No. 278.

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

PATSY SPAW: Senate Resolution 319 declaring February 23rd and 24th, 2011, as Pearland county Days at the State Capitol. By Jackson.

SENATOR OGDEN: Chair recognizes Senator Jackson on the resolution.

SENATOR JACKSON: Thank you, Mr. President. Members, we have here today a group of outstanding individuals from Pearland, Texas. If you don't know where Pearland is, you soon will because it's getting bigger and bigger and bigger every day as we have more people move into Texas. These men and women have traveled here today to learn more about our legislative process, to try to be active in our legislative process and they may even twist a couple of arms while they're here. If you know that group, I'm pretty sure that will be right. Pearland has become one of the fastest growing cities on the Gulf coast. New families every day. And, Senator Seliger, here's an example for you. In the mid 60s Pearland was 1497 people. Today it's 97,000 people and I have with us on the floor today some special guests. We have Mr. Walt Sass is the Chair of Pearland Day here in Austin. We got Mr. Otis Cobb, cochair Pearland Day here in Austin. Will you please raise your hand. Thank you. And we have Carol Arts Beaucheck is here, the president CEO of the Pearland Chamber of Commerce, which coincidentally is involved in everything that goes on in the city. We got Mr. Matt Buchanan, president of the Pearland Economic Development. Will you wave? Thank you, Matt. And our mayor we would -- what would we do if we didn't have our mayor Tom Reed. Many of you probably know Mayor Tom Reed. Members, please help me welcome the Pearland group here today here in Austin. We also have a big group here back in the west gallery. If I could get all of you to stand up, please. And members, please help me welcome Pearland to your State Capitol. And Mr. President, I move adoption of Senate Resolution 319.

SENATOR OGDEN: Is there objection to the adoption resolution? Chair hears none, the resolution is adopted. Chair recognizes Senator Eltife for an introduction.

SENATOR ELTIFE: Why thank you, Mr. President and members. Senator Nichols and I would like to recognize a group of college students visiting the Capitol today. These students are from some of our outstanding colleges in east Texas including Latino East Texas Baptist, Jacksonville, Ron Morris and Texas College. They're here to learn about state government and let us know about the importance of the tuition equalization grant program, Mr. Chairman and Mr. President to higher education. We really appreciate them being here. I think Senator Nichols has a few words to say, and we'd like for you to stand and be recognized.

SENATOR OGDEN: Chair recognizes Senator Nichols.

SENATOR NICHOLS: Thank you, Mr. President. I also with Senator Eltife want to commend y'all for being here. Two of those schools are in my hometown of Jacksonville. Ron Morris College and Jacksonville Baptist college. Are y'all up here? Anyway, welcome very much to this Texas Senate. Thank you.

SENATOR ELTIFE: Thank you, Mr. President.

SENATOR OGDEN: Chair recognizes Senator Birdwell for an introduction.

SENATOR BIRDWELL: Thank you, Mr. President. Thank you, members. Today is Hill County Day at the Texas Capitol and seated around the gallery we have friends from Hill County and members from Leadership Hillsborough. Members, there are nearly a hundred Hill County residents visiting the Capitol today. Nearly half are over in the Senate -- half are over in the House with our colleagues over there and some of them over here. But there are many special guests that we have. But there's particularly three that I'd like to recognize. Mayor John Irvin of Hillsborough, Terri Riddle of Hubbard, and from Whitney the hometown of our dean of the Senate, Mayor Gwen Evans. At this time I would like everyone in the gallery visiting from Hill County to stand and be recognized and be welcomed by your Texas Senate. Thank you, Mr. President.

SENATOR OGDEN: Chair lays out the following resolution. The secretary will read the resolution by Senator Shapiro.

PATSY SPAW: Senate Resolution 355 recognizing Evi Holiday on the joyous occasion of her 100th birthday on March 9th, 2011. By Shapiro.

SENATOR SHAPIRO: Thank you.

SENATOR OGDEN: Chair recognizes Senator Shapiro to explain the resolution.

SENATOR SHAPIRO: Thank you, Mr. President. You know, all of us on this body spend a lot of time doing resolutions for individuals, but this particular resolution, from my perspective, is one of my most joyful. I'd like to express my enthusiasm and my support for this resolution. I know there are many of you on the floor that have joined me in this, but this is a resolution honoring my dear friend, and many of you know her. Evi Holiday. Who on March the 9th in Dallas, Texas will be celebrating her 100th birthday. We're recognizing Evi today because she has so many friends that tonight is the first of her many, many celebrations. And this resolution is going to be with her when she is at her very first of many over the next several weeks. So we wanted to have this resolution ready and available. While Evi is not here in the chamber, and she has been with us before, she's not here today but she and over 1800 of her closest and dearest friends are watching this presentation via the internet. So hello, Evi. Long time resident of Dallas, Evi founded Evi Holiday Realtors which has grown into a renowned residential real estate firearm. If you live anywhere in the Dallas/Fort Worth metroplex, you know about Evi Holiday Realtors. She became the first woman designated Texas Realtor of the Year by the Texas Association of Realtors. She's been inducted into the Texas Business Hall of Fame, the Texas Women's Hall of Fame and she's even had a yellow rose named after her, internationally registered Evi Rose. We celebrate Evi's birthday today not just for her professionalism and amazing accomplishments that she's had for all these years but her contributions as a wife and a community leader. Her late husband Maurice knew better than any of us her generosity, her independent spirit and her enthusiasm for living every single day to the fullest. Mr. President and members, I am so pleased today to recognize Evi Holiday for a life very, very well lived. Her 100 years have been and continue to be a gift to all of us in the state of Texas. Happy birthday, Evi, y and I would like very much for others who are on this resolution, if they would like to join me, I would be pleased.

SENATOR OGDEN: Senator Shapiro moves adoption of the resolution. Is there objection TO the adoption? The Chair hears none, the resolution is adopted. Congratulations. Chair lays out the following resolution the secretary will read the resolution by Senator Deuell.

PATSY SPAW: Senate Resolution 2828 declaring Wednesday February 23rd, 2011, as Raines County Day at the State Capitol. By Deuell.

SENATOR OGDEN: Chair recognizes Senator Deuell to explain the resolution.

SENATOR DEUELL: Thank you, Mr. President. Members, it's my honor to welcome my constituents and friends from Raines County here to celebrate Raines County Day at the Texas Capitol. Raines County is home to a number of beautiful communities and its location between Lake (inaudible) and Lake Fork make it a popular tourist destination. Raines County also has the distinction of being the eagle capital of the world -- of Texas -- the world, the same thing. And its annual Eagle Fest Celebration brings residents from across the state to Lake Fort to see and learn about bald eagles and other wildlife in the area. There is world class large mouth bass fishing. Joining us on the floor today representing Raines County are Commissioner Patsy Marshal, Commissioner Mike Wilis, Commissioner Silvia Whity, mayor pro-tem Johnnie Laray, and County Judge Wayne Wolf. In addition we have a group from Raines County joining us in the west gallery. Please help me welcome them to the Texas Senate. Mr. President, I move adoption of Senate Resolution 282.

SENATOR OGDEN: Senator Deuell moves adoption of the resolution. Is there objection to the adoption resolution? The Chair hears none, the resolution is adopted. Chair lays out the following resolution, the secretary will read the resolution by Nelson.

PATSY SPAW: Senate Resolution 310 commending and honoring the American Cancer Society for their excellent efforts to save lives and end cancer. By Nelson.

SENATOR OGDEN: Chair recognizes Senator Nelson to explain the resolution.

SENATOR NELSON: Thank you, Mr. President, members. Senate Resolution 310 recognizes the American Cancer Society and its legions of supporters. Since 1946 the society has invested more than $3 billion and funded 44 Nobel Peace winners in its quest to cure cancer. As a volunteer with the American Cancer Society, I join more than 3 million others who provide support and services for cancer victims and their families. These volunteers make the American Cancer Society one of the largest voluntary health organizations in the United States. We commend and honor the American Cancer Society for their excellent efforts to save lives and end cancer. I'd like to ask those in the gallery who are here with the American Cancer Society to please rise and allow us to welcome you to the Texas Senate. Thank you all. Mr. President, I move adoption of the resolution.

SENATOR OGDEN: Is there objection to the adoption of the resolution? The Chair hears none, the resolution is adopted. Chair recognizes Senator Hegar for an introduction.

SENATOR HEGAR: Thank you, Mr. President, members. I have a group in the gallery from the beautiful county of Matagorda County. Matagorda County is noted for its abundant wildlife, and the county has more species of birds than any other county in the entire United States. The fish are abundant in the bays and the Port of Palacia handles more commercial shrimp than any other port in the state of Texas. Members, I would suggest a trip down in the summertime for either fishing, bird watching and just enjoy the weather in Matagorda County. Matagorda County is one of the oldest counties in Texas and contains great leadership from some of those who are with us today. Have the County Judge Nat McDonald, the mayor of the city of Bay City Mayor Mark Bricker, as well as the mayor of the City of Palacia John (inaudible), as well as many other people who are community leaders in the local area, some of the high school students. And I would ask if they would please stand. We welcome you to your Senate chamber and thank you for being here for Matagorda County Day. Thank you.

SENATOR OGDEN: Chair lays out the following resolution. The secretary will read the resolution by Huffman.

PATSY SPAW: Senate Resolution 352 declaring Wednesday February 23rd, 2011, as Texas Dental Association Day at the State Capitol. By Huffman.

SENATOR OGDEN: Chair recognizes Senator Huffman to explain the resolution.

SENATOR HUFFMAN: Thank you, Mr. President, members. It's my pleasure today to recognize Texas Dental Association Day. The Texas Dental Association has close to 78,000 members and is the third largest dental association in the United States. The association advocates for the highest standards of dental care for the citizens of this state, and we thank our dentists for their quality patient care. I believe we have some visitors in the gallery. If they would stand, we will recognize them for their work. There they are. Thank you very much welcome to the Senate. Thank you, Mr. President. Move for adoption.

SENATOR OGDEN: Is there objection to the adoption of the resolution? The Chair hears none, the resolution is adopted. Members, if there are no objections, I would like to postpone the reading and referral of bills until the end of today's session. Is there objection? Chair hears none, the reading and referral is postponed. The Chair lays out the following resolution. The secretary will read the resolution by Senator Lucio.

PATSY SPAW: Senate Resolution 358 declaring Wednesday February 23rd, 2011, as Texas Travel Industry Day at the State Capitol. By Lucio.

SENATOR OGDEN: Chair recognizes Senator Lucio to explain the resolution.

SENATOR LUCIO: Thank you, Mr. President, members. This is what I consider a Senate Resolution for each and every one of us. As chairman of the 2011 Texas Legislative Tourism Caucus, I am very proud to offer up Senate Resolution 358 celebrating Texas Travel Industry Day here at the Capitol. Tourism is one of the crown jewels of the Texas economy. In 2009 visitors to our states spend nearly $52 billion in our -- throughout the state. Now, tourism businesses support more than half a million jobs here in Texas and, of course, who can blame people for visiting us because we have everything. We have everything you would ever want to have right here in Texas. Texas is bursting at the seams with history, heritage and cultural flavor. We got beaches, mountains, big cities, big attractions amazing state parks, world class vineyards and, of course, great food. You know, the one thing -- the one thing we don't have is skiing, and I guess we'll have to settle for 300 days of sunshine a year. On a serious note though, as we tackle our budget problems, we should remember the amazing asset that Texas tourism is to Texans. For every dollar we spend on promoting Texas, we get an estimated $7 back. Tourism is a priority not just in my district but for the entire state of Texas. At this time I would ask the guests to the north gallery with the tourism industry please stand and be recognized. Thank you all for all that you do to promote Texas tourism. With that, members, I move Senate Resolution 358 and welcome our guests here at the Capitol. Thank you.

SENATOR OGDEN: Is there objection to the adoption of the resolution? The Chair hears none. The resolution is adopted. Thank you, Senator Lucio. The Chair lays out to the following resolution, the secretary will read the resolution by Senator Shapiro.

PATSY SPAW: Senate Resolution 316 recognizing the Texas Science Technology Engineering and Mathematics Initiative in celebration of TSTEM Awareness Week. By Shapiro.

SENATOR OGDEN: Chair recognizes Senator Shapiro to explain the resolution.

SENATOR SHAPIRO: Thank you so much, Mr. President and members. This is TSTEM Awareness Week and TSTEM stands for Texas Science, Technology, Engineering, and Mathematics. This TSTEM awareness week is actually being celebrated in conjunction with the National Engineers Week of 2011. Therefore, celebrating the E in TSTEM which, of course, is engineering. TSTEM Initiative offers a fundamental approach to empowering teachers to inspire students and to advancing students in these four major fields. In Texas this initiative has been extremely expensive, and we have one of the largest TSTEM associations and initiatives in the country. We have 51 academies educating more than 17,000 students and seven professional development centers serving over 2800 teachers. Members, this is an opportunity for all of us to recognize the good works of these people in this field in economic development and the alignment of all of these fields together. I am pleased to recognize in the gallery with us today a group of schools that represent TSTEM. Rapport Academy, Akins TSTEM, East Side Memorial Green Tech High School, Maynard New Tech High School and Harmony Science Academy. These are just a few of the 51 TSTEM academies across the state. Would you please rise and let us recognize you at this time? I would be remiss, Mr. President, if I didn't also recognize, although they're not here, two TSTEM academies that are in my district. Jackie Singley in Irving and the Mesa, which is actually at RL Turner High School and Carrolton Farmers Branch. Members and Mr. President, I move adoption of SR316 at this time.

SENATOR OGDEN: Is there an objection to the adoption of the resolution? Chair hears none. Resolution is adopted. The following report from the nominations committee, the Chair recognizes Senator Deuell to explain the report.

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

SENATOR OGDEN: Are there any requests to sever? Senator Deuell moves that the nominees reported favorably from nominations committee be confirmed. 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.

SENATOR OGDEN: There being 31 ayes and no nays, the nominees are confirmed.

SENATOR DEUELL: Thank you.

SENATOR OGDEN: The Chair recognizes Senator Duncan for an introduction.

SENATOR DUNCAN: Thank you, Mr. President and members. Today I'm very pleased to announce that we have some young leaders here in the south side of the gallery. If they'll please stand up and be recognized. Terri County, which is county seat, is Brownfield in west Texas is represented today by 4H members and middle school government students as well as some Terri County school board members. For many of our rural schools here in Texas, the 4H is a vital educational leadership program that molds young Texans into leaders tomorrow. These are a fine group of young people I met with this morning, and we're real proud to have them here to observe Texas government at its best. If they'll please stand and be recognized. Over here.

SENATOR OGDEN: The following motion in writing, the secretary will read the motion.

PATSY SPAW: Motion in writing. I move that a committee of five members to the Senate be appointed by the president to escort the Chief Justice to the Supreme Court to the Joint Session for the State of the Judiciary. By Harris.

SENATOR OGDEN: Is there objection to the motion? Chair hears none, the motion's adopted. The following committee, the secretary will read the committee.

PATSY SPAW: Escort committee for the Chief Justice. Chair Senator Harris, members Senator Ellis, Senator Huffman, Senator Nichols, and Senator Rodriguez.

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

PATSY SPAW: Senate Concurrent Resolution No. 21 granting permission to adjourn for more than three days during the period beginning on Wednesday February 23rd, 2011, and ending on Monday February 28th, 2011. By Whitmire.

SENATOR OGDEN: The Chair recognizes Senator Whitmire to explain the resolution.

SENATOR JOHN WHITMIRE: Thank you, Mr. President and members. Members, this is our constitutional required SCR, it's No. 21, which gives the Senate and the House permission to adjourn for three consecutive days beginning today and I would assume we'll adjourn until Monday -- later today. So at this time I move passage of SCR21.

SENATOR OGDEN: Question is on the adoption of the Resolution SCR21. The secretary will call the role.

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos --

SENATOR OGDEN: There being 31 ayes and no nays, the resolution is adopted. Members, we're getting ready to recess and, at 11:30 the chief justice will be giving the State of the Judiciary Speech in the House Chambers. The committee to escort the Chief Justice should meet at the front or back of the chamber, whichever one you want to call it, about 11:25 to go over there, as well as the members that are attending. We'll all go over there as a group and then it's the intention of the Chair to come back at 1:00 p.m. to take up SJR1, the Joint Resolution requesting Congress to consider a constitutional convention to balance the budget. Chair recognizes the Dean of the Senate for a highly privileged motion.

SENATOR JOHN WHITMIRE: Mr. President, members, I move that the Senate recess until 1:00 p.m. today pending the conclusion of the joint session.

SENATOR OGDEN: Senator Whitmire moves that the Senate recess pending the conclusion of today's joint session until 1:00 p.m. today. Is there objection to the motion? Chair hears none, it is so ordered. (Recess.)

SENATOR DEWHURST: Members, the Senate will come to order. We've been in recess, but we have Senator Hagar's pastor here, and I think this body, we all need as much prayer as we can at all times. So I'm going to ask the fine pastor if he would come forward.

PASTOR: Let's pray.

SENATOR DEWHURST: Ladies and gentlemen, if everyone would rise on the floor and in the gallery please.

PASTOR: Heavenly father, You are our creator, our sustainer, our Lord and our Savior. And so we again begin by praising You for who You are and this land that we live in. We thank You for the freedoms that we have and the blessing You have given to this country. We are humbled that You use us to govern to lead this great state of Texas. And, Lord, today as we go about our business for this land with the decisions that we need to make with the justice that needs to be upheld, we ask for Your wisdom, Your discernment and Your blessing. May You work through all that we do to rule and to lead well in a way that brings freedom, liberty, prosperity and peace to the people of Texas. In Christ's name we pray. Amen.

SENATOR DEWHURST: Amen. Pastor Howard, thank you so much. Please be seated, ladies and gentlemen. Thank you so much. Members, the Chair lays out the following resolution. Senator Zaffirini, did you want to do your resolution now? The Chair lays out the following resolution, Senate Resolution No. 320 by Senator Zaffirini. The secretary will read the resolution in full.

PATSY SPAW: Senate Resolution 320. Whereas, proud residents of Rio Grande City are gathering in Austin on February 23rd, 2011, to celebrate Rio Grande City Day at the State Capitol. WHEREAS, Rio Grande City has gained regional, state, and national media attention for its significant historical richness; it boasts more than 600 historic properties and has been recognized as a National Main Street City in Texas for eight consecutive years; and WHEREAS, The city is a member of the National Trust for Historic Preservation's National Main Street Network, which assists states and communities in the preservation and rehabilitation of commercial districts, and it has been designated as a Preserve America Community for its efforts to protect local cultural and natural resources for the benefit and enjoyment of the public; and WHEREAS, The leaders of Rio Grande City are committed to improving the quality of life for residents and maintaining a positive economic environment that will attract new business; among the important infrastructure projects recently undertaken are the construction of a $20.9 million water treatment facility, the $2.885 million first phase expansion of the wastewater treatment facility, the construction of a $2.5 million municipal park, and the reconstruction of 90 percent of the city's streets; and WHEREAS, Celebrating their rich heritage even as they work to build a bright future, the citizens of Rio Grande City may indeed take pride in their community's ongoing achievements; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 82nd Legislature, hereby recognize February 23, 2011, as Rio Grande City Day at the State Capitol and extend to the visiting delegation sincere best wishes for a meaningful and memorable stay in Austin.

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

SENATOR ZAFFIRINI: Thank you, Mr. President. Mr. President and members, Senate Resolution 320 commemorates Rio Grande City Day at the Texas Capitol. Beautiful Rio Grande City is the county seat Star County and is at the southern end of Senate District 21. And please don't even think of taking them away from me in redistricting. They are my No. 1 county. Home to more than 13,000 persons, Rio Grande City is known for its rich history and wonderful hospitality. Part of the Los (inaudible) and heritage corridor, Rio Grande City features more than 600 historic properties, and visitors can see many of the most interesting ones on scenic trolly tours. Two of the key forces in moving Rio Grande City forward are city leaders and the Star County Industrial Foundation. As the city has experienced rapid growth, city leaders have died at the construction of critical new infrastructure. The Star County Industrial Foundation, meanwhile, plays a critical role in developing and diversifying the local economy through sound, controlled economic growth. Joining us on the floor today are some of their most outstanding leaders. And would they please step forward as I call their names. The Honorable Ruben Villareal, mayor of Rio Grande City; Juan (inaudible) city manager; Rose Belevedes, Star County Industrial Foundation; (inaudible) Star County Industrial Foundation; and Valerie Brown Garza of (inaudible) and (inaudible). Please join me in welcoming my constituents, members, as I move adoption of Senate Resolution 230.

SENATOR DEWHURST: Before I call for a vote, I'm going to recognize Senator Hinojosa to speak on the resolution.

SENATOR HINOJOSA: Thank you, Mr. President, members. And thank you, Senator Zaffirini, for bringing this resolution. I couldn't help but not pass up this chance to speak about our neighbor to the west Rio Grande Valley. They're part of a valley, and everybody thinks that the valley's flat until you get to Star County. It's a hill country of valley. We have mountains, hills. It's a great county, its growth is phenomenal and it is because of leadership like what we have here on the Senate floor and that's why I want to make sure we welcome our neighbors to the west. Who now have a four-year institution. STC first two years and UT Pan American the last two years. We have a four-year institution to educate and give the opportunities that we have in the rest of Rio Grande valley. Thank you for being here.

SENATOR JUDITH ZAFFIRINI: Thank you, Senator Hinojosa. And you and Lieutenant Governor David Dewhurst were most instrumental in getting a tuition revenue bond for Rio Grande City and Star County in 2006 when they actually built the first building for South Texas College. It has been a phenomenal success with incredible growth. So thank you, Governor Dewhurst. And thank you, Senator Hinojosa.

SENATOR DEWHURST: Thank you, Senator. Members, you've heard the motion by Senator Zaffirini. Is there any objection from any member? Chair hears no objection from any member, and the resolution is adopted -- excuse me, did you wish to speak? I'm going to recognize before I gavel, Senator Lucio.

SENATOR EDDIE LUCIO: Thank you, Mr. President. I'd like to join Senator Zaffirini with acknowledging the leaders that are on the floor today, sir. These are leaders that lead through example of Star County, Hidalgo County, Cameron County and Willisey County. And they've formed great partnerships over the years and our brothers and sisters in that area of what we call the lower Rio Grande City Valley certainly a great part of the team in south Texas. I join with our colleagues here today to welcome them to the Senate floor. Congratulations.

SENATOR JUDITH ZAFFIRINI: Thank you, Senator Lucio, and I hope that neither you or Senator Hinojosa will covet Star County because I am passionate about representing them. Thank you. Thank you, Mr. President. I move adoption of Senate Resolution 320.

SENATOR DEWHURST: Members, you heard the motion. Is there any objection from any member? Chair hears no objection from any member, and the resolution is adopted. Members, that concludes the morning call. The chair recognizes Senator Ogden for a motion to suspend the regular order of business on committee substitute the Senate Joint Resolution 1.

SENATOR OGDEN: Mr. President, members, I move to suspend the regular order of business to take up and consider committee substitute to SJR1 by Ogden and Shapiro. There's been a lot of discussion back and forth over the last several days about this SJR, and I was trying to think of a way to convey to my Senate colleagues the sense of urgency that I feel about this issue. And I'd like to go back to almost two years ago when I was trying to decide whether to run for reelection or not. And my wife and I took a trip up to Washington, D.C. and we visited in the Capitol and talked to numerous representatives about the possibility of me running for Congress. And I came away convinced that that would not be a good decision for me but also came away alarmed at what I found the state of the Congress to be. And I specifically talked to congressmen about the need to balance our budget and they all gave lip service to it. They all said, Yeah, we need to balance the budget, the deficit is terrible, da, da, da. And one congressman said, Yeah, we tried that once before, 1997. We failed by one vote so well, we just kind of gave up. I went to another congressman one of the most fiscally conservative in the entire Congress, and he says, Well, I'm not really for a balanced budget amendment I'm only for a spending limit amendment. Well, what that told me was what I had believed for a long time and it convinced me that Congress is incapable of addressing this issue. Now, when I decided to run for reelection, I told the people of my district that if they would reelect me, the first thing that I would try to do is to bring a resolution to the Senate floor asking Congress to call a constitutional convention to balance the budget. I told them we debated the issue, and in this I got more votes than I ever got before. But it generated a lot of questions. And one of the questions is what about this constitutional convention? Isn't this kind of dangerous? Well, I guess if you think democracy is dangerous and our U.S. Constitution is dangerous, the answer might be yes. But we're not trying to do anything that is outside of what the United States Constitution permits state legislators to do. I was reading a little bit about the history of Article V in the United States Constitution and about the amendment process and what the founding fathers might have been thinking. Because there is no definitive answer on this. But what they might have been thinking based on the writings that I've read is two things. That you had to have two methods to amend the Constitution, not just one. Because the Congress of the United States, if it was the only entity that could amend the Constitution according to the writers of the day, would never vote to pass an amendment to limit their power. That's what the founders thought, that the Congress could not be trusted because they basically had a conflict of interest, that on any amendment that would limit their power, they would never go for it. And the only check and balance for that would be the states. And that the idea according to the writings that I read was that the Congress being up there on a day-to-day basis will know about different problems with the Constitution and that they ought to propose amendments nod to make our government work better, but that the Congress would not ever propose an amendment to limit their power. And so you had to have a check and balance for that. And that check and balance, this Article V says that two-thirds of the state legislators may petition the Congress of the United States for purposes of calling the constitutional convention to propose amendments. There's a lot of concern about what would happen. Well, who knows. We do not know for sure how a constitutional convention would work. What I would hope is that it would be unnecessary. If you look at our history, several amendments to the United States Constitution have been proposed by the Congress not because the Congress thought they were good beyond all doubts, but in response to the pressure they were receiving from the states. One in particular had to do with the direct election of United States Senators, because when we first started out, we got to pick who the senators were going to be, not the people. One writer went so far to say that had this process been used we might have -- we might have avoided the Civil War. Because there was an effort prior to the Civil War to call a constitutional convention to amend the Constitution to address the issue of slavery and it died because not enough states petitioned and the Congress did nothing. Now, I don't know, but it was suggested that this process could have minimized or avoided the Civil War. So this is not something that I'm advocating on the front end, I'm advocating on the back end. We have given the Congress over many years the opportunity to propose constitutional amendments to balance the budget, and for one reason or another they have not done it. Came close in 1977, came within one vote in the United States Senate. And since that time, according to one of our elected officials, they just gave up. Senator Cornyn currently is proposing a constitutional amendment to balance the budget and has 20 cosponsors. Obviously in order to get it, he's going to need 67. He has 20, I don't know if it's growing. But Senator Cornyn has told us and has written in public that if the Texas legislature will send a message and that message should be consistent with the United States Constitution, it will help him in his efforts. And hopefully we won't need a constitutional convention and all the uncertainty that's around it. But it's better to ask for a constitutional convention hoping that will pressure the Congress into balancing the budget than refusing to act or to act in a way that's outside what the Constitution contemplates and continue to live with the deficit that will bankrupt this country. Now, people say, Well, that's not so bad. I don't think it's making much difference now. I disagree. I think you're seeing it already. You're seeing it already in the fact that gold is now $1,400 an ounce, you're seeing it already in the commodity inflation that has recently erupted. I think oil prices in $95 a barrel, about a third of that is due to the weak dollar. And the dollar is weak because the government will not balance its budget. So when you're out there paying $3.50 for a gallon of gasoline, I think that's due in part to the fact that the federal government is printing money. I think some of the turmoil in the Middle East has something to do with this issue. I don't know all the details about what happened in Egypt, but I do -- I have heard and I have read and Senator Ellis has told me there was no food on the shelves. Why was there no food on the shelves? Because food was so expense. Why is food so expensive? I think it's in part because of the inflation that we're seeing in commodities due to the lack of fiscal responsibility of governments to this world. So I don't think this is a benign issue. I don't think it can wait, and I think that I would ask you to suspend the regular order of business to take up and consider this SJR because this is a clear and present danger to our republic. Article V of the United States Constitution says state legislatures may petition the Congress. The founding fathers gave us that power because they didn't trust the Congress to limit their own. And so I'd ask you to join me in suspending. I'll move to suspend the regular order of business to take up and consider committee substitute Joint Resolution No. 1.

SENATOR DEWHURST: Thank you, Senator Ogden. Senator Ellis, for what purpose do you rise?

SENATOR ELLIS: To ask the senator a couple of questions.

SENATOR DEWHURST: Will Senator Ogden yield?

SENATOR OGDEN: I yield.

SENATOR ELLIS: Senator, just to make sure members do understand the distinction. As you know, this legislature on two previous occasions has passed similar resolutions to Congress. If this one does not pass, do you know if the other two will still be binding?

SENATOR OGDEN: Well, I wish that they were binding. But I don't know. The Constitution is silent on the issue of time limits. It's silent on the issue of whether the petitions from all the different states have to be exactly the same or not. I do not know. I don't know. I do know that a case can be made, and I think we're getting close to that. That more than two-thirds of the states will have to petition for a constitutional convention and if the Congress refuses to act, I think it's possible for the attorney general of our state to go into court and ask for a relief.

SENATOR ELLIS: I know that in committee some members were concerned about whether or not a provision would be included to make sure it's clear that if a convention is called other issues could not come on the table. Could you just reiterate that again? I know it's here in the --

SENATOR OGDEN: Well, and like Senator Shapiro, to amplify what I'm getting ready to say, but in the committee process, we inserted language that basically said that the only reason that we're petitioning the Congress and the only reason that we're requesting the Congress to call a constitutional convention is for the limited purposes of balancing the budget. And if they call a Constitution (sic) for any other reason outside of that, we withdraw our application. That is an attempt to address the concern. I cannot tell you with certainty whether that fully addresses the concerns of those who fear a runaway convention or not, but it's a pretty good effort. I will also tell you there is an amendment up there that I will take that marries the language of this constitutional amendment with the SJR, which is HCR31 that was passed in 1977. And it says for the specific and exclusive purpose to balance the budget. That's the one in 1977 and, we're going to make ours mirror that language.

SENATOR ELLIS: Senator Shapiro, did you want to comment on it?

SENATOR OGDEN: I yield.

SENATOR DEWHURST: The chair recognizes Senator Shapiro.

SENATOR SHAPIRO: Thank you, Mr. President and members. And, Senator Ellis, thank you for bringing this up. I think this is part of the issue that we're hearing from our constituents, the concern that it will be a runaway convention. And, quite frankly, I always had in mind in my SJR10 that that would be avoided and the way I felt it would be avoided is to specifically say, as you heard from Senator Ogden, that this is the only way that we will send this to Washington. And if, in fact, there are other subjects that begin, we rescind our resolution which I think is a strong statement, but I think as much as anything what I believe is going to happen here, and I think Senator Cornyn believes it's going to happen here is that as in previous times, the adoption of the 17th, the 21st and the 22 amendments to the U.S. Constitution were all put in place not by constitutional conventions, but by government at that time, Congress at that time adding those because of pressure from the states asking for these amendments to be looked at. So I think it's really important that the aggressive nature by which we are going forward with this is to really hope that that will produce the same -- the same action by the Congress. I think that's what we're hopeful for. I think it's also important to note that -- and I think Senator -- Senator Ogden probably said this, but in my view, this is a failsafe. This is actually a statement that really says that this application is for and only for the purpose of a balanced budget amendment and I think that's very clear. And I think Senator -- or should I say Judge Huffman is going to put what we call a belt and suspenders on this and say that we will be very clear in that amendment of what our intent is. So I think as much as anything what I'd like to add to this is that the methodology by which we do this is not so much let's call a constitutional convention as much as it is a statement that says, We believe in the Constitution of this country, we believe there is a way to make the Constitution work better. And in this particular activity, this particular area with a balanced budget that is so incredibly important to us, to our children and to our future, our grandchildren and even futures after that. If we don't make this great statement, then we're shirking our responsibility, I believe, because the future of this great country depends on it. Thank you.

SENATOR ELLIS: If I may, Mr. President. Maybe I'll just ask Senator Shapiro to yield just one second.

SENATOR DEWHURST: Will Senator Shapiro yield to Senator Ellis?

SENATOR SHAPIRO: I will.

SENATOR ELLIS: I want to point out, I guess, in a form of a question, that language that you're referring to, the rescission language, is on page 2 starting with line 211 where it says "unless rescinded by a succeeding legislature, this application by the 82nd Legislature constitutes a continuing applications in accordance with Article V."

SENATOR SHAPIRO: No. That's not it.

SENATOR ELLIS: Oh, the second one.

SENATOR SHAPIRO: On page 2, but it starts on line 24. It says, "Resolved that this application is rescinded in the event that a convention to propose amendments to the United States Constitution, includes purposes other than providing for a balanced federal budget" and that's line 24 to 27.

SENATOR ELLIS: Okay. I see it. In committee we talked about some way of notifying the other states who maybe passed the resolution some time ago about this self executing --

SENATOR SHAPIRO: Correct.

SENATOR ELLIS: -- of this rescission clause.

SENATOR SHAPIRO: And to be honest with you, I think we did not include that in this bill. When we were working back in the back, we didn't use that as a methodology. But I'm assuming this last line "Resolved that the Texas secretary of state forward official copies of this resolution to the secretaries of state and to presiding officers of the legislatures of other states." I'm assuming that is how we get that.

SENATOR ELLIS: That's broad enough to at least tell them how to do it.

SENATOR SHAPIRO: Correct.

SENATOR ELLIS: And as I jokingly mentioned to you at a meeting on yesterday, I know some folks on the more conservative end were concerned about items that may come up from my perspective, the moderate end, I just want to make sure why people going back to the good ole' days they don't rescind the 14th. Just want to make sure we don't go overboard.

SENATOR SHAPIRO: I would absolutely agree with that.

SENATOR ELLIS: So in your judgment, this language, as best as we can figure it out, adequately protects this convention from going into other issues.

SENATOR SHAPIRO: That's correct. Certainly protects us and we rescind this resolution once it ever does go outside the bounds.

SENATOR ELLIS: Now, if I might, I want to ask Senator Ogden, Mr. President, a question.

SENATOR DEWHURST: All right. You're recognized. Will Senator Ogden yield?

SENATOR ELLIS: And Senator, I won't do this twice, assuming you have your suspension, but you were real nice to me when you thought you needed me in a committee. And now, I'm sure you'll be just as nice to me in case you don't need me now. And I just want to point out a couple things before I ask you about a couple of amendments that I'm going to offer. Most of us have enough issues dealing with our own budget, probably don't go and look to see where the federal government spends money that often. So instead of asking you, I'm just going to point out, 20 percent of the federal budget goes into defense and security related national activities and most of us don't want to cut that at least when we campaign it. 20 percent goes into Social Security and most of us don't want to cut that at least while we're -- if you're running for Congress, you generally don't point out that you've made all your cuts. 21 percent goes into Medicare, Medicaid and the children's health insurance program. 14 percent of the federal budget goes into other programs like for individuals and families facing hardships. Only 3 percent, Senator Shapiro, of the federal budget goes into education. And 6 percent goes into the interest payments on a national debt. So my question, Senator Ogden is: If we want to make this resolution more than just spending money on an e-mail or a resolution to go to Washington, like a number of resolutions that we're going to pass, memorialized in Congress for this, that and the other. I'm hopeful and want to ask you whether or not, first of all, you'd be willing to accept an amendment that points out that according to the congressional budget office, the 2000 federal budget ended with a $236 billion surplus. And the reason that's important to me and to I think to some of the folks who may want to vote with you to suspend on this is to make sure this truly is a bipartisan effort and a good history lesson. As you went through in explaining this, to point out in a not too distant past, our federal budget ended with a surplus. And I'd like to ask you, Senator, whether or not you think you may be amenable to accepting that. Obviously the will of the body will dictate it, whether or not you will accept it.

SENATOR OGDEN: I think the answer is I don't want to commit on the specific wording on the amendment, but to the extent that your amendment makes this a bipartisan effort, to the extent that it recognizes that the Congress has -- and the president have failed to even vote on recommendations of their own commission, I think those are relevant issues with respect to why we're petitioning. We balanced the budget once but for various reasons decided not to do it. Y'all created a commission, they took some really tough votes and then you promptly ignored them. This is another reason why we need a constitutional convention. So to the extent that the amendments point out those facts, I have no problem with accepting them.

SENATOR ELLIS: And the second one, which you are alluding to, simply says we add language and take out something you added because yours is pretty narrow, that simply says resolve that we think the Congress ought to vote on every recommendation from that national commission on fiscal responsibility and reform.

SENATOR OGDEN: You know what, I don't oppose that.

SENATOR ELLIS: Yeah, but they going to vote on it.

SENATOR OGDEN: I don't oppose that. I'll leave it up to the will of the house on that. Senator, I think you make a very good point and it is a -- this has to be a bipartisan because we have shown in the past when one party had complete control of the Congress and the presidency, they still failed to act. So by implication and by logic, if it's not bipartisan, it has no chance. Now, I think that it is important to point out that there was a bipartisan debt commission, it did not pass unanimously but they made some very good recommendations and to quote the lieutenant governor Bob Bullock, if you don't like this idea, what's yours. But what we've gotten back from the Congress is nothing. Nothing. And I think that's another reason why we in the Texas legislature need to petition the Congress for a constitutional convention because all the evidence suggests that without that pressure they will not act in what I think is in the best interest of the country.

SENATOR ELLIS: We talked briefly about some language in here so that in the time of war -- I mean, I know you understand economic argument. If you in a time of war and you did go in and you have two options to reduce the deficit. Either you raise taxes or you cut programs. And if you cut defense -- do you have some language in here in your resolution, some escape clause? Or have you thought through that if we do get to that point?

SENATOR OGDEN: Well, we did not propose in the resolution the wordings of balanced budget amendment but it's assumed that there would be some exceptions. Now, on the one that Senator Cornyn has introduced that has 20 cosponsors, it says you got to balance the budget, revenues have got to equal expenditures unless two-thirds of the House and the Senate vote in times of mass emergency or other crisis to basically allow for deficit spending. So there is no intent to handcuff the Congress in a way that in a time of national emergency they could not act in the interest of the country. But I didn't know how to do it in a resolution. I mean, we're asking for a convention to propose the amendment, we're not writing the amendment in the resolution.

SENATOR ELLIS: Well, Senator, you would have made a great candidate for Congress and a great member to Congress and I want to encourage you, when we do get to the amendments, the part on the breakdown admonishing Congress to go through that report, vote on those items is important if we are serious. You know, I favor a balanced budget, but I know it's going to be a tough road to get there. And as you and I talked earlier, Social Security's going to be a big part of it. It may be that we have to raise the retirement age. And I think if we're serious about this resolution, we ought to include some language, at least push us into the direction of having a serious conversation so that we're not accused of just sending a resolution and it's talk on our part to criticize them for having talk on their part. But I will vote to suspend.

SENATOR OGDEN: Yes. Thank you, Senator.

SENATOR DEWHURST: Senator Gallegos, for what purpose do you rise?

SENATOR GALLEGOS: To ask the Senator a question.

SENATOR DEWHURST: Will Senator Ogden yield?

SENATOR OGDEN: I'll yield.

SENATOR GALLEGOS: Senator, I mean, your explanation was excellent and I'm for everything that's on that board and --

SENATOR OGDEN: Thank you.

SENATOR GALLEGOS: -- and I've listened to the discussion. But, you know, I need to ask, and I'm not a lawyer, I just need to ask. And I'm looking on -- I think Senator Shapiro alluded to it. On page 2, it says on line 24 it says, "Resolved that this application is rescinded in the event that a convention to propose amendments to the United States Constitution includes purposes other than providing for a balanced budget." You know, here's my question to you, if the convention is called, and the SJR is rescinded, you got an open convention, at that point you rescind the amendment, then what happens then?

SENATOR OGDEN: Well, my assumption is that the convention -- and if -- if we're the -- I was doing some quick -- if we're the 35th state and we rescinded and there's only 34 states, the convention doesn't get called. If we're the 36th state, it doesn't make any difference.

SENATOR GALLEGOS: That's under that scenario, right?

SENATOR OGDEN: But the intent is -- here is that our petition only applies to this specific balanced budget amendment and if the convention is called for another person -- another purpose, they can't count our petition.

SENATOR GALLEGOS: Well, let me ask you this. Then if it's for that purpose, and I heard what you just told me, then and we rescind the amendment, is there any authority blocking any other amendments at that point in time?

SENATOR OGDEN: Well, I don't know. There -- what I've read is that there's plenty of authority but there's no case law on it. We haven't done this before.

SENATOR GALLEGOS: So it's a great --

SENATOR OGDEN: But what I've read and what some constitutional scholars have written is that the Congress can limit the constitutional convention, that the constitutional convention cannot be plenary, which means it can do whatever it wants, it cannot do that. And that there's sufficient protection not only in the way the historical records suggest that a constitutional convention might be called, but also in the ultimate production that nothing that the constitutional convention can do becomes part of our Constitution unless three-quarters of the states ratify it. So the ultimate check and balance in this scenario, in my opinion, is that three-quarters of the states would have to ratify whatever the constitutional convention proposes.

SENATOR GALLEGOS: So what you're saying to me is that we rescind the amendment and you don't know for a fact that there's an authority blocking any other amendments and there's no case law and that means that it probably can happen. Is that yes or no?

SENATOR OGDEN: I don't know. I don't know. I wouldn't even want to speculate on whether it could happen.

SENATOR GALLEGOS: Senator Ogden, I like the SJR. I'm just concerned about what's going to happen.

SENATOR OGDEN: I think -- I think it can develop a scenario who in my opinion probability is next to zero but still remotely possible that something bad could happen out of this process of using the Constitution of the United States to attempt to get some fiscal control on the Congress -- something -- it's not impossible that something unintended could happen.

SENATOR GALLEGOS: You know, I've seen a lot of things happen up here, and I never thought I'd see the day I see a bill filed and somebody thinks I'm an illegal alien, that they can apprehend me and drop me off at the nearest congressman's office. So it just -- Senator, it just concerns me is what might happen if we rescind. You know, it could turn into Ringling Brothers, Barnham and Bailey's circus. I would just hate to see that on both sides.

SENATOR OGDEN: Senator, what we've tried to do is convey our general sympathy with that concern by saying this is a last resort. In fact, this resolution doesn't even petition the Congress until after December 31st, 2011. It says if the Congress of the United States does not propose a balanced amendment before December 31st, 2011, then we petition. We want to give the Congress every opportunity to address what I think is a clear and present danger to the republic.

SENATOR GALLEGOS: I understand. Thank you, Senator.

SENATOR DEWHURST: Senator Hinojosa, for what purpose do you rise?

SENATOR HINOJOSA: Will Chairman Ogden yield, please?

SENATOR OGDEN: I yield.

SENATOR HINOJOSA: Thank you, Senator Ogden. You know, I also -- I plan to vote to suspend, but I do have some concerns. Some were brought out by Senator Ellis, but I'd like to point out that the initial commission on fiscal responsibility and reform there were five Democrats, five Republicans and one independent. Out of the group the majority voted to recommend the reforms and the report by the commission. But they needed two-thirds majority to be able to have Congress adopted. I just want to correct that because a while ago you said it wasn't even a majority vote, it was a majority vote. Having said that, I know that to balance the budget is not impossible. As you all know, that has happened in the past. When President Clinton was in office, we had a huge surplus and the budget was balanced. But here are my concerns, and I didn't listen very carefully in terms of number one in the event of war. I would imagine that the Congress has some flexibility to be able to spend money when the budget wasn't balanced when our nation would face a threat to our security.

SENATOR OGDEN: That's my intent.

SENATOR HINOJOSA: Okay. The other one has to do with a national emergency. As you well know, we had several natural disasters throughout our country such as Hurricane Katrina and those types of emergency situations. I would imagine that your intent is for Congress to be able to go beyond a balanced budget in the event that is not -- and will create fan belts.

SENATOR OGDEN: That's my intent.

SENATOR HINOJOSA: Thank you.

SENATOR DEWHURST: Senator Van de Putte, for what purpose do you rise?

SENATOR VAN DE PUTTE: The Chairman yield for some questions?

SENATOR OGDEN: I yield.

SENATOR VAN DE PUTTE: Thank you. Thank you, Mr. Chairman. Thank you. I believe you in your heart and I think all of us want to get to the goal of a balanced budget and our federal government. It seems like our Congress and folks who have been in charge have not been able to control themselves, and so I really believe that what you're bringing forth is a threat mechanism that will force them to have a balanced budget. But as you know, Senator, I had questions in committee that couldn't be answered and nobody knew the answer to and I'd like to -- at the time I was told that on the floor we'd be able to get some answers to them. And so my question deals with the specifics of an Article V constitutional request. The using that provision. And on your language on page 2, we ask Congress to submit to the states before December 31st of this year a balanced budget amendment. So we're asking Congress to act before the end of the year to give the states and that date is correct and I heard the explanation in committee that Senator Cornyn felt that the date was very much necessary to pressure Congress to do the right thing. And that's correct?

SENATOR OGDEN: That's what I understand, yes.

SENATOR VAN DE PUTTE: Okay. My question is, if we have passed this resolution, this is an SJR, we've passed this resolution, it rescinds our previous resolutions, does it not? The resolutions that we passed in the 70s? So this new resolution supercedes the old resolutions calling for --

SENATOR OGDEN: I don't know. There's no recision language in the resolution. I will -- I do have an amendment to make this resolution conform to the wording of the previous one so that -- you know, the previous one limited -- in 1977, when we passed this in the first time, they limited the call to basically only a constitutional amendment convention. They did that in '77. In '78 they ratified what they did in '77. This one is going to, with the amendment that's up there, is going to mirror that language. So basically we're strengthening the limitation language that Senator Shapiro inserted in committee. So I don't think it's going to rescind anything. I think they're all going to be consistent is what I think.

SENATOR VAN DE PUTTE: But my question is, Texas is not the only state of the two-thirds required that has an application already there. And the previous states' applications may not have the wording that you had here limited and so when I asked in committee, does this resolution rescind the previous one, it was not to get clear our action but to get clear what is the threshold for those states that already have applications, even though it's not listed for this purpose? Does that count in the tally of the two-thirds of states required to call an Article V constitutional convention?

SENATOR OGDEN: I don't know.

SENATOR VAN DE PUTTE: Okay. Let me ask another question, because that was -- I mean, I wanted to know where we were because it looked like, and they were going to try to find out how many states already have an application, and if a new application doesn't rescind the old one, then even though we've got the belts about the only having an Article V constitutional convention for the purpose of a balanced budget amendment, then that really isn't the case if you could include prior ones and other states already have those applications. And they couldn't tell us how many states they thought maybe in the 20s -- we don't know and so my question was dealing with when is the trigger pulled? We know in your amendment the trigger is pulled on December 31st, 2011. If the federal Congress does not issue a -- doesn't present to the states a constitutional convention, does your resolution envision a grace period of time for the states to then ratify? Because I don't see any, and my question is it's almost like --

SENATOR OGDEN: Well, the Congress -- the Congress or in the case of the constitutional convention can but does not require to put time limits on the ratification process. And I think our country is seeing both. But the last time we had an amendment for the legislatures to approve the equal rights amendment, I think there was a time limit on it. You had to ratify by this date or it doesn't count. But my resolution doesn't put a time limit on anything.

SENATOR VAN DE PUTTE: I know but -- and so my question is time line. So say for some instance that Congress gets an epiphany of insightfulness and rationale, that they would say, We want to do the right thing, we will submit to the states an amendment that calls for a balanced budget. Yet the states have not yet ratified it. And there -- either there is a date or not a date for the ratification. Does the application to call for a constitutional convention still active within the time period it takes for ratification. And my question is since the ERA amendment, and that was the only one that I really knew a whole lot about, took so long, if states take a long time to ratify, does the trigger pull on the Article V constitutional convention even though Congress has submitted to the states? And so I'm trying to find out time lines.

SENATOR OGDEN: Well, I think the answer, based on what Senator Shapiro mentioned about other amendments that were offered, because the states had petitioned for a constitutional convention. If the Congress at some future date does propose to the states a balanced budget amendment, I think these resolutions then become, in my opinion, moot. They don't count anymore. And I think the reason I'm assuming that is is that the intent of this thing was to get a resolution better than the state legislatures. The intent wasn't to call a constitutional convention. So if the intent is met by the Congress, then there's no need for a constitutional convention. We've made it very clear, we don't want a constitutional convention except for that purpose, so I think it becomes moot. But the only way you know for sure, unfortunately, is litigate it.

SENATOR VAN DE PUTTE: And I guess because we don't have case law and I was unsure of the timing and heard testimony in committee.

SENATOR OGDEN: I'm sure future legislatures could come and rescind it if the Congress did it. We could do that too if we stated, We don't need this any more, we rescind it.

SENATOR VAN DE PUTTE: And that's why I asked does this resolution rescind the prior ones?

SENATOR OGDEN: No, but it's not inconsistent with the prior ones. So they're basically -- it's another resolution, I believe. And the reason I think that's important is because there is an argument about time. That one in 199 -- I mean, it's possible and I believe this, that that one happened so long ago and there's been so many legislative sessions since then, one could argue that that one is expired. Although there's nothing in it that says. But I don't know. But, Senator, I want to give -- if the Congress refuses to propose a constitutional amendment and if 35 states ask for a constitutional convention and the Congress refuses to call one, I want to give the attorney general as much ammunition as possible to get some movement on this issue. One more thing and then I'll answer your question. We spent all this time talking about process, and it's almost like talking about what fire hose we supposed to use while the house is burning down. And I'll use any fire hose I can find because that house is going to be burnt to the ground. And we cannot, in my opinion, continue to dally in the face of what I think is a clear and present danger to the republic.

SENATOR VAN DE PUTTE: I agree with you, Senator. I agree with you. It's just that we are treading on ground that is not familiar, and I know, just as you feel, that this is critically important. We do -- I mean, I do too. I'm just so uncertain about the mechanism and maybe I'm hung up on process. Senator Ogden, my husband tells me that I am way too precise. But you understand, Pete Van de Putte is a flag maker and if he gets it wrong, he's going to have to remake a flag. And he's going to make a customer unhappy, and he'll probably lose some business. I'm in a different profession. If I get something wrong, I could kill somebody. And so by my very nature, I am extremely precise because I know that I have to look at the overall unintended consequences. And so pardon me, this is not any reflection of your work. It's just that I am so very uncomfortable with an Article V because it hasn't been done and I know that what the constitutional scholars told us is that if a constitutional convention under Article V is called, which is all right to do, that once those delegates are there, however we decide to choose them, either one from the state of Texas, 181, we get to decide. But even though we say this is for the sole purpose of the amendment to balance the budget, that once those delegates are convened, there is no legal mechanism to rescind your delegates back and that we have no control over what the assemblies -- the power is with the assembly and so that's fine. And I just need to know that.

SENATOR OGDEN: But you're expressing what some people would call a weakness, other people would call a strength of democracy. The constitutional convention cannot act unilaterally. I mean, two-thirds of the states have got to propose something and then it's got to be ratified by 38 states and --

SENATOR VAN DE PUTTE: That gives me comfort.

SENATOR OGDEN: This is a big country, it is diverse, it has a lot of opinions but there are not a lot of crackpot ideas that can get passed 38 states. In fact, I would suggest there's none. You got to trust the people. This is what our Constitution says. And we're asking the Congress to act. And if they don't act based on their founding fathers' belief that the Congress would never act to limit its own power, this is a legitimate authority of the states and you got -- in my opinion, we got to trust in the Constitution, we got to trust in democracy and we got to press on.

SENATOR VAN DE PUTTE: Senator Ogden, I thank you for your beliefs and for pressing on, but understand that the people we would choose to delegate this unbelievable power -- I mean, the U.S. Constitution has been a precious document that has served us well and that we are doing this because a group of people that we're supposed to have faith in have -- they have not been obliged to control themselves. And so you're asking us to place the trust in the people which I do, but understand it's because the people who we have entrusted have not. And so maybe -- I still am uncomfortable, I understand this but I am reflective of James Madison who said, If men were angels, no government would be necessary. If angels were to govern, neither external nor internal controls on government would be necessary. I'm hoping for the better angels. Thank you, Senator.

SENATOR OGDEN: Thank you.

SENATOR DEWHURST: Senator Patrick, for what purpose do you rise?

SENATOR PATRICK: In support of the bill and a question for the author.

SENATOR DEWHURST: Will Senator Ogden yield?

SENATOR OGDEN: I yield.

SENATOR PATRICK: Thank you, Senator Ogden. This is a question I have to the members. Are you with Jefferson or are you with Madison or are you with Adams depending on if it's John or Samuel are you with Patrick Henry? Because the question comes down to the fact that back in 1786, Senator, when James Madison, originally in Virginia, invited states to come to a place you spent several years, Annapolis, to consider having a wider convention that gave us the Bill of Rights. And that there was disagreement then as there is today. Patrick Henry said, I smell a rat. And he didn't want to attend the convention because Henry -- Patrick Henry said, I really believe they want to give power to the king. And there are many people that I heard from in the last few weeks who smell a rat. They're concerned about what would happen at the convention. Jefferson was opposed, Adams was in favor, Franklin was in favor, Washington was in favor. So there was honest disagreement of concern about the future of the country. Your intention, is it not, is to have this amendment to be pressure, to add leverage so that we can suggest in the strongest terms that Washington should get their house together, correct?

SENATOR OGDEN: Yes. Just as we don't trust the Congress, I can't believe the Congress would ever trust the constitutional convention. It might really do some things like limit their pay. I think the fear that some of the members have expressed over a constitutional convention would be much greater in Washington, D.C. So it is an attempt to pressure them to do the right thing.

SENATOR PATRICK: The last thing Congress wants is for a constitutional convention to happen. That's why we have not had one --

SENATOR OGDEN: That's right.

SENATOR PATRICK: -- since our founding fathers. And as you referenced earlier, the last time we got to 33 states, we need 34. One away in 1911 when we wanted a direct election of our United States senators. And if you tell a lot of students that today or a lot of voters, What do you mean we didn't elect our own U.S. senators? We didn't until 1912. It was when we got to within one state that Congress finally yielded to the will of the people. I know there are legitimate concerns by people I respect on this issue. But for me to be against this issue is to be against democracy itself and say I don't believe in the American people. I don't trust Congress. Democrats or Republicans. They have not served us well in the last several decades. And when we see the power of Ronald Reagan, members, and the success to bring down the Soviet Union, it wasn't because we defeated their military, it was because Russia was broke. And if we as a nation do not bring our economic house in order not just to serve the needs of our citizens, but if we cannot field a strong military that so many of our members have served in, Lieutenant Colonel Birdwell has served in, if we can not have a strong military presence in the world, the world is not a safe and stable place and this country is in trouble. So I look at this amendment as the power of the Constitution to put our future in the hands of the people because you are correct, Senator, we are not a country of radicals. I believe we're (inaudible) right and conservative. But we're a country of people who will use common sense if there ever were to be a constitutional convention and the requirement that three-quarters of the states would have to support any amendment, that would be viewed as radical, the people would not allow that. There would not be 38 states that would support radical amendments to our Constitution. And for that reason, I stand in support, Senator, of your amendment because I believe in the American people and I do not believe in government in Washington. And I believe it's in the power of the states to force Washington to do what they should do on behalf of the people. And if there's one state to take the lead and speak with the loudest voice, it's the only state in the country that can save this country and that's the state of Texas. We cannot count on California, we cannot count on New York, we cannot count on Michigan. The economic firepower of the nation is in this state. The leadership of this nation is in this state, and I believe in Texans and Americans. If we ever have a constitutional convention, they will not allow our Constitution to be shredded but they will demand that we have a balanced budget at the federal level so that our country can say strong for generation. So I support you, Senator.

SENATOR OGDEN: Thank you.

SENATOR DEWHURST: Senator Nichols, for what purpose do you rise?

SENATOR NICHOLS: Thank you, Mr. President. I wanted to make comment on the bill and to ask a question.

SENATOR DEWHURST: The appropriate time would be right after -- upon the adoption -- prior to the vote for the adoption.

SENATOR NICHOLS: Can I ask him a question then?

SENATOR DEWHURST: You can certainly ask him a question.

SENATOR NICHOLS: All right.

SENATOR DEWHURST: You're certainly recognized. Will Senator Ogden yield?

SENATOR OGDEN: I yield.

SENATOR NICHOLS: Thank you, Mr. President. Senator Ogden, first of all, I want to thank you very much for bringing this resolution up. I really do think it's very important. I know you're quite a patriot and speak with your heart on this. I'm very favorable to the bill, I signed on the bill early without hesitation. I've heard the arguments that you have heard about the fear of many that if we meet at multiple states in a convention that possible damage will occur to our Constitution. I personally don't have that fear. I have the fear that if we continue the nation, the unsustainable borrowing and excessive spending that we will lose this nation. And the history of nations, I'm sure you studied them, they fell for many different reasons. Is it your opinion that if our nation continues expanding the debt at the rate they have been expanding, that we will fail ultimately as a nation?

SENATOR OGDEN: Yes.

SENATOR NICHOLS: Thank you. The "unsustainable" is an important word. That means you cannot do it forever. Failure as a nation means failure as a state. I am absolutely determined that if I'm here during this session, if there's any one thing that I can do and tell the people that voted me into this office to help push back on that, it is to support this resolution. Thank you, sir.

SENATOR OGDEN: Thank you, Senator Nichols.

SENATOR DEWHURST: Members, Senator Ogden has moved to suspend the Senate's regular order of business to take up and consider committee substitute to SJR1. 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, Zaffirini.

SENATOR DEWHURST: Members, there being 24 ayes and seven nays, the rule is suspended. The Chair lays out the following resolution, the secretary will read the resolution.

PATSY SPAW: Committee substitute for Senate Joint Resolution No. 1 urging the Congress of the United States to propose and submit to the states a ratification of a federal balanced budget amendment to the Congress Constitution.

SENATOR DEWHURST: The Chair lays out the following floor amendment. Floor Amendment No. 1 by Senator Huffman. The secretary will read Floor amendment No. 1.

PATSY SPAW: Floor Amendment No. 1 by Huffman amends SJR No. 1 on page 2, line 4.

SENATOR DEWHURST: The Chair recognizes Senator Huffman to explain Floor Amendment 1.

SENATOR HUFFMAN: Thank you, Mr. President. This is a simple amendment, it's added to try to clarify even further the specific purpose of this resolution. The language that's being changed brings the amendment into compliance with the applications that were made in '77 in that resolution by adding the words "for the specific and exclusive purpose of proposing." So it's a belt and suspenders approach which tends to just make it even clearer that the application is only for the balanced budget amendment. And I believe it's acceptable to the author.

SENATOR DEWHURST: Thank you, Senator. The Chair recognizes Senator Ogden.

SENATOR OGDEN: The amendment's acceptable.

SENATOR DEWHURST: Members, Senator Huffman moves the adoption of Floor Amendment No. 1. Is there objection from any member? The secretary will -- Senator Wentworth, for what purpose?

SENATOR WENTWORTH: I'd like to speak against the amendment.

SENATOR DEWHURST: You're recognized.

SENATOR WENTWORTH: Mr. President, I'm going to vote against this amendment. Basically because I don't believe the convention -- and it's an Article V convention. I don't think it should be limited to just a balanced federal budget. I've listen to the arguments about how we've never had an Article V convention before. How we've managed to basically threaten the Congress and bring influence to bear so they wind up and doing what they should have been done in the first place. But the fact of the matter is there are a number of things that the Congress will never do on their own. Senator Ogden named one of them and that's limit their pay, another is limit their terms, another is allowing the president to have the same power that 43 state governors already have and that is to lineout and veto. The Congress isn't going to give the president that power. They're not going to give themselves the requirement that in order to raise the federal debt limit, they have to have the super majority instead of a current simple majority, just 50 percent plus one. They're certainly never going to give the states the power to repeal acts of Congress by two-thirds of the states, which -- all of which I think we should have. And has already been eloquently outlined by Senator Ogden, there's not going to be anything lackey ever approved by 38 states after the convention. And I prefer not to call it a constitutional convention because that does tend to bring to mind the idea of the original constitutional convention where they wrote the Constitution. What we're talking about is an Article V convention. Not a constitutional convention. And I've heard the argument that it was really Jefferson and Madison and Hamilton that wrote our precious Constitution and that people wouldn't fear having another Article V convention if there were still Jefferson, and Madison and Hamilton around to help us with the amendments. But we got to stop and think, it was actually Jefferson, Hamilton and Madison that actually wrote Article V in the United States Constitution providing that in the future, in the centuries in the future that we may need to adjust and improve on what they did. And I believe we're at that point. I'm absolutely in favor of the idea of having a balanced federal budget, but I'm not in favor of restricting the Article V convention just to that topic because I sincerely believe there are at least four other items that that convention should consider and that 38 states would ratify. So I'm going to respectfully vote no.

SENATOR DEWHURST: The Chair recognizes Senator Huffman to close.

SENATOR HUFFMAN: I would just ask that we vote in favor of this. It's an attempt to address the fears of many of our constituents that we've heard of, and it's just a good addition.

SENATOR DEWHURST: Members, you've heard the motion by Senator Huffman, 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, Zaffirini.

SENATOR DEWHURST: Members, there being 25 ayes and five nays, the amendment is adopted. The Chair lays out the following Floor Amendment. Floor Amendment No. 2 by Senator Ellis. The secretary will read the amendment.

PATSY SPAW: Floor Amendment No. 2 by Ellis. Amends SJR No. 1 on page 1 between lines 25 and 26.

SENATOR DEWHURST: Chair recognizes Senator Ellis on Floor Amendment No. 2.

SENATOR ELLIS: Mr. President, members, it's a pretty straightforward amendment. It simply points out that America enjoyed a $236 billion budget shortfall, was projected to have a ten year surplus of 5.6 trillion by January '09. However, America faced a $1.2 trillion deficit and projected shortfalls of 3.1 trillion for the next decade. I think it is acceptable to the author.

SENATOR DEWHURST: The Chair recognizes Senator Ogden to Floor Amendment 2.

SENATOR OGDEN: The amendment's acceptable.

SENATOR DEWHURST: Members, you've heard the motion by Senator Ellis. Is there objection from any member as to the adoption of Floor Amendment No. 2? Chair hears no objection from any member and Floor Amendment No. 2 is adopted. The Chair lays out the following Floor Amendment. Floor Amendment No. 3 by Senator Ellis. The secretary will read the amendment.

SENATOR ELLIS: Mr. Chairman, members, this is also --

PATSY SPAW: Floor Amendment No. 3 by Ellis.

SENATOR DEWHURST: The Chair recognizes Senator Ellis to explain Floor Amendment No. 3.

SENATOR ELLIS: I'm sorry, Ms. Spaw, I'm in a little bit of a rush having been gone a year and a half. This amendment simply says that the commission chaired by Senators Allen, Simpson and former Republican Senator from Wyoming (inaudible) President Clinton that Congress ought to consider and vote on every one of the recommendations in their report. It shows that we're serious and we're not just passing a resolution for the purpose of passing one, just talking and pointing our fingers at them saying they're just talking. Simply says to vote on it, it doesn't say which way and consider everything in that report.

SENATOR DEWHURST: Will Senator Ellis -- will you and Senator Ogden and Senator Hinojosa approach the podium, please?

SENATOR ELLIS: Yes.

SENATOR DEWHURST: The Chair recognizes Senator Ellis.

SENATOR ELLIS: Mr. President, I will pull my amendment down. Senator Hinojosa has one that accomplishes what I want to accomplish but just not going to risk the opening up of the resolution by Chairman Ogden, so I'll pull mine down at this time.

SENATOR DEWHURST: Thank you very much. Thank you, Senator Ellis. The Chair lays out the following Floor Amendment. Floor Amendment No. 4 by Senator Hinojosa which is what Senator Ellis was just referring to. It's being distributed to you members right now. Okay. The Chair -- the secretary will read the amendment.

PATSY SPAW: Floor Amendment No. 4 by Hinojosa amends SJR No. 1 on page 1 between lines 31 and 32.

SENATOR DEWHURST: The Chair recognizes Senator Hinojosa to explain Floor Amendment No. 4.

SENATOR HINOJOSA: Thank you, Mr. President and members. This -- I changed my amendment. My original amendment was urging Congress to adopt recommendations issued by the national commission of fiscal responsibility and reform and report the moment of truth. I changed the amendment instead of urging to change it to the "whereas" part of the bill so that we could give examples to Congress of recommendations that were made by report moment of truth and some of the suggestions they've made to reform and have a balanced budget. Just to give you some information of details, the report -- there's a bipartisan commission appointed by the president. There were five Democrats and one Republican and one independent. And 11 of the members, which is a majority, signed the report but they needed a super majority for it to be adopted by Congress. In the totality, the recommendation from the report generate 4.4 trillion of tax savings by 2020, spending by the federal government will be cut by 2.2 trillion in the next ten years and we will avoid approximately 700 billion in interest payments. And what my amendment does on the "whereas" section give examples to Congress that they may consider when they're urging to adopt, because the report was right on target. And we have to make progress in trying to balance the budget. The responsibility and the pain has to be spread among all sectors of our economy and some of the recommendations made by this commission was to eliminate tax breaks and to abolish the current limited tax to reduce unnecessary defense spending, to reduce farm subsidies, to reduce health care costs for malpractice reform, to raise the retirement age to 68 by 2050 and 69 by 2075, to cut corporate income taxes from 35 percent to 25 percent, and to reform personal income tax levels to create three categories at which 8 percent, 40 percent and 23 percent. And the projection said that within ten years we would have a balanced budget like we had when President Clinton was in office. And Mr. President and members, I think this amendment is acceptable to the author, and I will move adoption.

SENATOR DEWHURST: The Chair recognizes Senator Ogden on Floor Amendment 4.

SENATOR OGDEN: Mr. President, members, I -- this amendment is acceptable to me, although I want to take a little bit of time to discuss it, so the members will all be able to cast a vote. But one of the things that if I'd been drafting this, I would have included as an example of why we need a constitutional convention or an Article V convention, as Senator Wentworth said, is that this national commission on fiscal responsibility, which was bipartisan appointed by the president of the United States worked their tails off, made some tough votes and the result was the Congress and the president ignored them. And one of the things that I think ought to be added to this is the reason we're asking for a constitutional convention is because this national commission on fiscal responsibility made some recommendations and the Congress has refused to even consider them, which is another example of why I believe that the Congress left to its own devices will never balance a budget. And so I think it is a good amendment pointing out another reason why the Texas Senate should petition the Congress of the United States for an Article V convention. And I would also (inaudible) members that if those recommendations were considered and adopted according to this "whereas," you could actually cut corporate income tax rates by almost a third and you can reduce individual income tax to three rates: Eight, 14 and 23 which are substantially less than they are now.

SENATOR HINOJOSA: Thank you, Senator Ogden. And actually the recommendations made by a bipartisan commission were ignored by Congress because obviously they don't have a will or the courage to do what's right for our country.

SENATOR DEWHURST: Senator Huffman, for what purpose do you rise?

SENATOR HUFFMAN: To question the author of the amendment, if I may.

SENATOR DEWHURST: Will Senator Hinojosa yield?

SENATOR HINOJOSA: I yield.

SENATOR HUFFMAN: Senator Hinojosa, I just had a couple of minutes to look at this amendment, but looking at it, I'd like to ask you why are we putting this in this resolution? What's your purpose in adding this amendment?

SENATOR HINOJOSA: The purpose is we make a general recommendation, but we ought to be more specific as to the examples we want them to look at. And it is not urging them to adopt these recommendations but we put it on the "whereas" section so they have in mind the recommendations -- the very good recommendations made to this commission.

SENATOR HUFFMAN: With all due respect, my concern with adding this language to this resolution is that, you know, some of us may not agree with all these recommendations. I'm not here to debate the recommendations whether they're good or bad, whether some should be adopted and become law, but they're not the law. And so by putting this in our resolution, I think it takes away from what our purpose is in passing this resolution. And I would not want to be a part of appearing to put a stamp of approval necessarily on all of the recommendations made by this bipartisan commission. So respectfully I will be voting against this amendment.

SENATOR HINOJOSA: Is that right? That is the problem. Nobody wants to recommend anything. Anything specific. When we campaign, we campaign on a rhetoric we're going to cut the small government but, again, when we go to specifics, we don't want to be bothered by the facts. And that is a big issue that we're trying to overcome. I think that some of these recommendations were made either -- we are willing to -- we do the talk or we're going to do the walk and I think this resolution or this amendment does just that.

SENATOR HUFFMAN: Thank you, sir. That was all I had, sir.

SENATOR DEWHURST: Senator Duncan, for what purpose, sir?

SENATOR DUNCAN: To ask a question of the author of the amendment.

SENATOR DEWHURST: Will Senator Hinojosa yield?

SENATOR HINOJOSA: I yield.

SENATOR DUNCAN: Thank you, Senator. We didn't consider this in committee, and so we haven't really had a chance to understand the specific issues that you've enumerated in the resolution as examples of the commission's recommendations and does it include all of their recommendations?

SENATOR HINOJOSA: It talks about all the recommendations for Congress to see the recommendations we're making. It's not urging Congress to adopt the recommendations, but it's examples of recommendations made by a bipartisan commission as to how to balance the budget.

SENATOR DUNCAN: Did you draft this yourself?

SENATOR HINOJOSA: Well, I provided the information to the legislative counsel.

SENATOR DUNCAN: Well, the question is, is that there may be by enumerating or specifically stating examples of things that they have recommended, if we have excluded some of the examples, and we don't know that because we haven't had a chance to really look at the report and go through it and compare it with what you've enumerated in the amendment, with what is actually in the report. And so by enumerating things, we've left something out, we may be making a statement that we favor these over others and that's a concern. I don't have a problem with using the fact that they have failed to take up and consider the commission's recommendations. But when we start enumerating things, and I don't know whether or not I've left -- we've left some out or put some of them -- we've chosen the ones we like or don't like, I think that's asking the body to vote on something that might have an unintended consequence, at least in the perception that it might create for those who vote for it. So I'm concerned about that and wish we would have had that in the committee so that we could have studied it before we make that statement. I would suggest that if you're going to do this that you refer to the failure to act on those recommendations but not enumerate those because I just don't -- I think we're going to be running into an unintended consequence.

SENATOR HINOJOSA: Well, Senator Duncan, with all due respect, I think all of us who are concerned with the budget have read this report and I understand we've seen it and we're familiar with those recommendations.

SENATOR DUNCAN: But you accept an amendment to your amendment that would simply refer to the failure of the Congress to consider any of the recommendations of the national commission as opposed to enumerating?

SENATOR HINOJOSA: I would accept such amendment because the point we're trying to make --

SENATOR DUNCAN: You would?

SENATOR HINOJOSA: Yes. Because we don't have to list in the "whereas" each specific recommendations, as long as we refer to the recommendations in the report itself that were made by a bipartisan commission.

SENATOR DUNCAN: Well, I think that that would certainly accomplish exactly what all of us would really like, the message all of us would like to send without taking a chance.

SENATOR HINOJOSA: Okay.

SENATOR DEWHURST: Members, I'm going to have the Senate stand at ease just for a few minutes while Senator Ogden, Senator Duncan, Senator Hinojosa, Senator Jackson and others, Senator Huffman, Senator Fraser, Senator Uresti joins. (At ease.)

SENATOR DEWHURST: Members, the Senate will come to order. Senator Hinojosa. The Chair recognizes Senator Hinojosa for a motion to withdraw Floor Amendment No. 4.

SENATOR HINOJOSA: Mr. President and members, I'd like to move that I withdraw amendment No. 4.

SENATOR DEWHURST: The Chair lays out Floor Amendment No. 5 by Senator Hinojosa. The secretary will read the Floor Amendment.

PATSY SPAW: Floor Amendment No. 5 by Hinojosa amends the SJR No. 1 on page 1 between lines 31 and 32.

SENATOR DEWHURST: All right. That's being passed out as we speak. All right. The Chair recognizes Senator Hinojosa to explain Floor Amendment No. 5.

SENATOR HINOJOSA: Thank you, Mr. President. Members, y'all heard part of our conversation. Senator Duncan, what we did is we eliminated all the specifics that were referred to in the amendment No. 4. No. 5 is just pretty clean amendment. It reads as follows: "Whereas national commission on fiscal responsibility and reform, in its report, the moment of truth, includes the recommendations to review the federal deficit that have not been considered by United States Congress." With that I'll be glad to answer any questions, members, and I think it's acceptable to the author and acceptable to Senator Duncan. I move adoption.

SENATOR DEWHURST: Thank you, Senator Hinojosa. The Chair recognizes Senator Ogden on Floor Amendment 5.

SENATOR HINOJOSA: Senator Ogden.

SENATOR OGDEN: The amendment's acceptable to the author.

SENATOR DEWHURST: Members, you have before you Floor Amendment No. 5 by Senator Hinojosa. It's acceptable to author of the resolution. Is there any objection from any member? There being no objections from any member -- 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, Williams, Zaffirini.

SENATOR DEWHURST: There being 23 ayes and eight nays, the Floor Amendment No. 5 is adopted. The Chair recognizes Senator Ogden for a motion.

SENATOR OGDEN: Mr. President and members, I move passage of committee substitute to the Senate joint resolution No. 1 -- I mean, move adoption.

SENATOR DEWHURST: Thank you, Senator Ogden. Members, you've heard the motion by Senator Ogden. 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.

SENATOR DEWHURST: Members, there being 24 ayes and seven nays, the resolution is adopted. Congratulations, Senator Ogden and Senator Shapiro. The Chair announces the appointment of the following committee. The secretary will read the committee.

PATSY SPAW: Senate select committee on open government. Senator Wentworth, Chair; Senator Davis, vice Chair; members, Senator Ellis, Senator Eltife and Senator Shapiro.

SENATOR DEWHURST: Thank you, Madam Secretary. Members, the president's desk is clear. Is there any objection -- is there any announcements? The Chair recognizes Senator Williams for an announcement.

SENATOR WILLIAMS: Yes. Thank you, Mr. President. Members, the Senate Transportation and Homeland Security Committee will reconvene a half hour from now, that being 3:25 p.m.

SENATOR DEWHURST: Thank you, Senator Williams. The Chair recognizes Senator Nelson for an announcement.

SENATOR NELSON: Thank you, Mr. President. Members, the Senate finance subcommittee on Medicaid is going to resume its hearing in the Senate chamber as soon as they get the table set up. Let's say about 3:20.

SENATOR DEWHURST: Thank you, Senator Nelson. Are there any additional announcements? The following motion in writing by Senator Eltife. The secretary will read the motion.

PATSY SPAW: Motion in writing. Mr. President, I move to suspend Senate Rule 11.13 so that committees may meet during the reading and referral of bills. By Eltife.

SENATOR DEWHURST: Members, you've heard the motion by Senator Eltife. Is there objection from any member? Chair hears no objection from any member, and the motion is adopted. Are there any additional announcements? Hearing none -- the Chair recognizes Senator Ogden for an announcement.

SENATOR OGDEN: Mr. President, members, thank you. In return for that, the Senate finance committee will meet at 3:15.

SENATOR DEWHURST: There's movement to reconsider the vote by which -- balance the budget. The Chair recognizes the Dean of the Senate for a highly privileged motion.

DEAN OF THE SENATE: Thank you, I move that the Senate adjourn until 1:30 Monday February 28th pending the reading and referral of bills.

SENATOR DEWHURST: Members, you heard the motion by Senator Whitmire. Is there objection from any member? Hearing no objection from any member, the Senate will stand adjourned until 1:30 on Monday pending referral and reading of bills.

PATSY SPAW: Senate Bill 290 by Watson. Relating to changes in the single-member district boundaries of the Barton Springs-Edwards Aquifer Conservation District. To Natural Resources. Senate Bill 375 by Wentworth. Relating to the categories of information presumed to be public under the public information law. To the select committee on Open Government. Senate Bill 442 by Wentworth. Relating to notice by a governmental entity regarding certain geo-spatial data products. To the select committee on Open Government. Senate Bill 470 by Carona. Relating to an exception to disclosure under the public information law concerning officers and employees of a hospital district. To Open Government. Senate Bill 602 by Rodriguez. Relating to allowing governmental body to redact certain personal information under the public information law. To Open Government. Senate Bill 633 by Hinojosa. Relating to the educational scope of Texas A&M University Corpus Christi. To Higher Education. Senate Bill 634 by Hinojosa. Relating to the punishment for certain intoxication offenses. Referred to Criminal Justice. Senate Bill 635 by Nichols, et al. Relating to the authority of the executive director of the Texas Commission on Environmental Quality in relation to establishing water and sewer utility rates. To Natural Resources. Senate Bill 636 by Nichols, et al. Relating to the consolidation of more than one water or sewer system. To Natural Resources. Senate Bill 637 by Nichols. Relating to the recovery of certain rate case expenses by a water and sewer utility. To Natural Resources. Senate Bill 638 by Jackson. Relating to the computation of a surplus credit and a surplus credit rate for certain successor employing units. To Economic Development. Senate Bill 679 by Van de Putte and Zaffirini. Relating to tuition and fee exemptions at public institutions of higher education for certain military personnel. To Veteran Affairs and Military Installation. Senate Bill 640 by Seliger. Relating to consideration of a bidder's principal place of business in awarding certain municipal contracts. To Intergovernmental Relations. the calculation of interest on certain ad valorem tax refunds referred. To Intergovernmental Relations. Senate Bill 642 by Seliger. Relating to optional annuity increases for certain retirees. To State Affairs. Senate Bill 643 by Seliger. Relating to the creation of a grant program to defray the cost of constructing a new health facility. To Agriculture and Rural Affairs. Senate Bill 648 by Whitmire and Hegar. Relating to the continuation and functions of the commission and state emergency communications. To Government Organization. Senate Bill 649 by Hinojosa and Hegar. Relating to the continuation and functions of the Texas State Affordable Housing Corporation. To Government Organization. Senate Bill 667 by Duncan. Relating to the management of groundwater resources in this state. To Natural Resources. Senate Bill 668 by Wentworth. Relating to changing the name of the Railroad Commission of Texas to the Texas Oil and Gas Commission. To Government Organization. Senate Bill 669 by Wentworth. Relating to requests to inspector be provided with copies of information under the public information law. To Open Government. Senate Bill 670 by Gallegos. Relating to the regulation of the location of certain halfway houses. To Criminal Justice. Senate Bill 671 by Gallegos. Relating to the creation of a state occupational health and safety plan. To State Affairs. Senate Bill 672 by Gallegos. Relating to measuring, monitoring and reporting emissions. To Natural Resources. Senate Bill 673 by Gallegos. Relating to the authority of the Texas Commission of Environmental Quality to approve certain supplemental environmental projects under taken by local governments. To Natural Resources. Senate Bill 674 by Gallegos. Relating to standards for measuring the emission of air contaminants under the Texas Clean Air Act. To Natural Resources. Senate Bill 675 by Gallegos. Relating to allowing the Texas Commission on Environmental Quality to impose more stringent conditions for existing air quality permits to avoid a condition of air pollution. To Natural Resources. Senate Bill 676 by Gallegos. Relating to the regulation of toxic hot spots under the Texas Clean Air Act. To Natural Resources. Senate Bill 677 by Gallegos. Relating to the enforcement of the public information law, providing for the imposition of a civil penalty. To Open Government. Senate Bill 678 by Gallegos. Relating to a school district policy regarding the removal of a student from a public schoolteacher's classroom. To Education. Senate Bill 679 by Gallegos. Relating to minimum educational qualifications for open enrollment charter schoolteachers. To Education. Senate Bill 680 by Gallegos. Relating to a fee collected by a district clerk for certain electronic certified copies. To Jurisprudence. Senate Bill 681 by Gallegos. Relating to the establishment of a task force to study the assessments of children in the child welfare system. To Health and Human Services. Senate Bill 682 by Huffman. Relating to access to criminal history record information that relates to a person who is an applicant for appointment to an appraisal review board. To Criminal Justice. Senate Bill 683 by Huffman. Relating to the composition of the board of directors of the Gulf Coast Water Authority. To Natural Resources. Senate Bill 684 by Huffman. Relating to the transfer of the assets of and the dissolution of the Fort Bend County Water Control and Improvement District No. 1. To Natural Resources. Senate Bill 685 by Huffman. Relating to the release on bond of certain persons arrested for a misdemeanor without a warrant in certain counties. To Criminal Justice. Senate Bill 686 by Huffman. Relating to the extension of the period of community supervision for certain defendants who fail to pay restitution. To Criminal Justice. Senate Bill 687 by Huffman. Relating to the interception of wire, oral, or electronic communications for law enforcement purposes. To Criminal Justice. Senate Bill 688 by Nichols. Relating to the investigation, prosecution and punishment of criminal Medicaid fraud and certain other offenses related to Medicaid fraud, providing penalties. To Health and Human Services. Senate Bill 689 by Ellis. Relating to the disclosure of the electricity generation offers received by ERCOT. To Business and Commerce. Senate Bill 690 by Carona. Relating to the enforcement of a self-service storage facility lien, providing a penalty. To Business and Commerce. Senate Bill 691 by Estes. Relating to exemptions by permitting by groundwater conservation districts for certain water well used for domestic, livestock and poultry water purposes. To Natural Resources. Senate Bill 692 by Estes. Relating to exemptions from groundwater conservation district permit requirements. To Natural Resources. Senate Bill 693 by Estes. Relating to permit application and amendment hearings. To Natural Resources. Senate Bill 694 by (inaudible). Relating to regulation of metal recycling entities. To Natural Resources. Senate Bill 695 by (inaudible). Relating to (inaudible) and imposition of certain fees. To Finance. Senate Bill 696 by Watson. Relating to quarterly financial condition report. To Finance. Senate Bill 697 by Watson. Relating to a state budgeting plan to foster this state's economic health. To Finance. Senate Bill 698 by Watson. Relating to the analysis of certain legislative measures making an appropriation or affecting a state tax or fee. To Finance. Senate Bill 699 by Watson. Relating to reporting regarding state fees by the comptroller. To Finance. Senate Bill 700 by Watson. Relating to the maintenance by the legislative budget board of a searchable database containing certain budget information. To Finance. Senate Bill 701 by Watson. Relating to high value data sets of state agencies posted on the internet. To State Affairs. Senate Bill 702 by Watson. Relating to the preparation of economic impact statements. To Finance. Senate Bill 703 by Watson. Relating to annual reports regarding federal funding for state agencies. To Finance. Senate Bill 704 by Watson. Relating to interim budget reduction requests. To Finance. Senate Bill 705 by Watson. Relating to unfunded legislative mandates on local governments. To Finance. Senate Bill 706 by Watson. Relating to the approval and issuance of tax and revenue anticipation notes. To Finance. Senate Bill 707 by Watson. Relating to transferring the legislative budget board's performance review duties to the comptroller. To Finance. Senate Bill 708 by Watson. Relating to the review of the Sunset Advisory Commission by the comptroller. To Finance. Senate Bill 709 by Van de Putte. Relating to the use of certain professional titles by licensed specialists in school psychology. To Health and Human Services. Senate Bill 710 by Van de Putte. Relating to the disclosure of a hazardous drain in a swimming pool or spa by a seller of residential real property. To Business and Commerce. Senate Bill 711 by Jackson. Relating to the confidentiality of certain identifying information regarding students of career schools or colleges and other educational entities. To Open Government. Senate Bill 712 by Hegar. Relating to the administration of the universal service fund. To Business and Commerce. Senate Bill 713 by Hegar. Relating to the procedure for certain small local exchange companies to propose to offer certain services or to make a minor change in a rate or tariff. To Business and Commerce. Senate Bill 714 by Patrick. Relating to the exemption of certain property from municipal drainage service charges and from relating ordnances, resolutions, and rules. To Intergovernmental Relations. Senate Bill 715 by Harris. Relating to access to a child's medical records by the child's attorney ad litem, guardian ad litem, or amicus attorney. To Jurisprudence. Senate Bill 716 by Harris. Relating to the periodic review of the child support guidelines. To Jurisprudence. Senate Bill 717 by Harris and Van de Putte. Relating to the purpose and duties of the Council on Children and Families. To Health and Human Services. Senate Bill 718 by Van de Putte. Relating to disciplinary action taken against public school students on the basis of serious and persistent misbehavior. To Education. Senate Bill 719 by Van de Putte. Relating to discharging fines and costs assessed against certain juvenile defendants through community service or tutoring. To Criminal Justice. Senate Bill 720 by Williams. Relating to the calculation of the ad valorem rollback tax rates of certain taxing units. To Finance. Senate Bill 721 by Williams. Relating to communications with appraisal review board members outside of a proceeding before the board. To Intergovernmental Relations. Senate Bill 722 by Williams. Relating to the selection of the board of directors of an appraisal district. To Intergovernmental Relations. Senate Bill 723 by Williams. Relating to the proof of an applicant's identity and age required for the issuance of a marriage license. To Jurisprudence. Senate Bill 724 by Williams. Relating to the revocation and reinstatement of an end user number for purposes of purchasing dyed diesel fuel. To Finance. Senate Bill 725 by Williams. Relating to suits against appraisal districts and appraisal review boards. To Intergovernmental Relations. Senate Bill 726 by Rodriguez. Relating to the establishment of the judicial access and improvement account. To Finance. Senate Bill 727 by Seliger. Relating to groundwater conversation district management plans. To Natural Resources. Senate Bill 728 by Seliger. Relating to a groundwater conservation district's recovery of expenses in closing or capping a well. To Natural Resources. Senate Bill 729 by Seliger. Relating to a joint election for trustees of an independent school district. To State Affairs. Senate Bill 730 by Nichols. Relating to the conversion of a nontolled state highway or segment of the state highway system to a toll project. To Transportation and Homeland Security. Senate Bill 731 by Nichols. Relating to the payment of an examination fee to the attorney general for the legal sufficiency review of a comprehensive development agreement. To Transportation and Homeland Security. Senate Bill 732 by Nichols. Relating to the prohibition of certain regulations by a municipality in its extraterritorial jurisdiction involving trees and vegetation. To Intergovernmental Relations. Senate Bill 733 by Ellis. Relating to a notification requirement if a public school campus or open enrollment charter school does not have a nurse assigned to the campus during all instructional hours. To Education. Senate Bill 734 by Carona. Relating to the registration and regulation of appraisal management companies. To Business and Commerce. Senate Bill 735 by Carona. Relating to prohibition of certain extra hazardous coverages by the title insurance companies. To Business and Commerce. Senate Bill 736 by Hinojosa. Relating to membership and duties of local school health advisory councils. To Education. Senate Bill 737 by Hegar. Relating to the management of groundwater production by groundwater conservation districts. To Natural Resources. Senate Bill 738 by Shapiro. Relating to alternative methods of operating public schools. To Education. Senate Bill 739 by Ellis. Relating to prohibition of the use of credit scoring in underwriting and rating certain personal lines of insurance coverage. To Business and Commerce. Senate Bill 740 by Ellis. Relating to insurer rating practices requiring prior approval. To Business and Commerce. Senate Bill 741 by Ellis. Relating to prohibition of certain insurance discrimination. To State Affairs. Senate Bill 742 by Ellis and Lucio. Relating to eligibility of certain job trainees for extended unemployment compensation benefits. To Economic Development. Senate Bill 743 by Hegar. Relating to the designation of a segment of State Highway 71 as the 95th Division Memorial Highway. To Transportation and Homeland Security. Senate Bill 744 by Uresti. Relating to a fee for an application filed with a county commissioners court to revise a subdivision plat. To Intergovernmental Relations. Senate Bill 745 by Davis. Relating to the regulation of saltwater pipelines by the Railroad Commission of Texas. To Natural Resources. Senate Bill 746 by Davis. Relating to membership of the state continuing advisory committee for special education services. To Education. Senate Bill 747 by Carona. Relating to the professions regulated by the Texas Real Estate Commission. To Business and Commerce. Senate Bill 748 by Carona. Relating to business entities and associations. To Business and Commerce. Senate Bill 749 by Ellis. Relating to provision of notice regarding a limitation of attorney's fees for services provided in connection with the making of a wrongful imprisonment claim. To State Affairs. Senate Bill 750 by Seliger. Relating to the creation of a groundwater conservation district in a priority groundwater management area. To Natural Resources. Senate Bill 751 by Hegar. Relating to the regulation of catfish and other siluriform fish intended for human consumption. To Health and Human Services. Senate Bill 752 by Birdwell. Relating to internet access to checking account transactions of a public institution of higher education. To Higher Education. Senate Bill 753 by Birdwell. Relating to the authority of certain counties to regulate outdoor lighting near astronomical observation facilities. To Intergovernmental Relations. Senate Bill 754 by Birdwell. Relating to a credit against the access fee for a private dock charged by the Brazos River Authority in the event of a drought. To Natural Resources. Senate Bill 755 by Seliger. Relating to a priority groundwater management area designation for a water district. To Natural Resources. Senate Bill 756 by Seliger. Relating to a prohibition on the transport of surface water or groundwater more than a specified distance from the water's source. To Natural Resources. Senate Bill 757 by Deuell. Relating to certain defenses to prosecution for the offense of sale, distribution, or display of a harmful material to a minor. To Criminal Justice. Senate Bill 758 by Deuell. Relating to sales and use tax information provided to certain local governmental entities. To Finance. Senate Bill 759 by West. Relating to the state low income housing plan and report developed by the Texas Department of Housing and Community Affairs. To Intergovernmental Relations. Senate Bill 760 by West. Relating to the term of interlocal contracts. To Intergovernmental Relations. Senate Bill 761 by West. Relating to the employment of physicians by certain hospitals associated with nonprofit fraternal organizations. To Intergovernmental Relations. Senate Bill 762 by Carona. Relating to the transfer of an ad valorem tax lien. To Business and Commerce. Senate Bill 763 by Ellis. Relating to the designation of certain areas of banking development districts to encourage the establishment of financial institutions branches in those areas. To Business and Commerce. Senate Bill 764 by Williams. Relating to a prohibition against use of school district resources for a hotel. To Education. Senate Bill 765 by Uresti. Relating to the territory of the El Paso county water control and improvement district No. 4. To Intergovernmental Relations. Senate Bill 766 by Estes. Relating to regulation and enforcement of laws affecting sport shooting ranges. To Agriculture and Rural Affairs. Senate Bill 767 by Ellis. Relating to the regulation of certain residential mortgage foreclosure consulting services. To Business and Commerce. Senate Bill 768 by Watson. Relating to the creation of the Rio de Vida planning and improvement district No. 1. To Intergovernmental Relations. Senate Bill 769 by Davis. Relating to the penalty for certain intoxication assaults. To Criminal Justice. Senate Bill 770 by Davis. Relating to designating April as Water Safety Awareness Month. To Administration. Senate Bill 771 by Davis. Relating to swimming pool safety alarms for certain single family homes. To Business and Commerce. Senate Bill 772 by Davis. Relating to the use of a tracer substance in performing a hydraulic fracturing treatment operation. To Natural Resources. Senate Joint Resolution No. 24 by Watson. Proposing a constitutional amendment exempting political subdivisions from unfunded legislative mandates and authorizing the legislature to provide funding for legislative mandates on political subdivisions. To Finance. Senate Joint Resolution No. 25 by Hinojosa and Hegar. Proposing a constitutional amendment providing for the issuance of additional general obligation bonds by the Texas water development board. To Finance. Senate Joint Resolution 26 by West. Proposing a constitutional amendment authorizing the legislature to allow cities or counties to enter into interlocal contracts with other cities or counties. To Intergovernmental Relations.