Senate Transcript, February 7, 2011

DAVID DEWHURST: The Senate will come to order, and the secretary will call the role.

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.

DAVID DEWHURST: Thank you, Madam Secretary. Members, a quorum is present. Would all those on the floor please rise this afternoon -- and in the gallery, please rise for the invocation this afternoon to be delivered by the Reverend George Clark, Mountainside Baptist Church here in Austin. Pastor.

George Clark: Most precious God our father, we beseech the as for the people of the state of Texas, generally. Especially for this legislative body, the Senate. That you, God, would be please to recon, prosper all their complications to the advancement of the good, and wellbeing of all citizens and others in our state. May genuineness be put forth by this legislative body that will result in truth, happiness, and prosperity now and for generations to come. Bless these senators with wisdom and understanding that truth may be discerned, that they may be impartially about the matters and concerns of the citizens of our state and we give you thanks that you've given us the privilege to serve, and ask your blessings upon us this day in His name. Amen.

DAVID DEWHURST: Pastor Mark, thank you so much, sir. Thank you. Please be seated in the gallery. Thank you ladies and gentlemen. Members, Senator Whitmire moves to suspends the readings of yesterday's journal. Is there objection from any member? Chair hears no objection; and the motion is adopted, so ordered. Mr. Doorkeeper.

MR. DOORKEEPER: Mr. President, there is a message from the House.

DAVID DEWHURST: Admit the messenger.

MESSENGER: Mr. President, I'm directed by the House to inform the Senate the House has taken the following actions and the House has passed the following measures: SCR12 Whitmire, granting legislature admission to adjourn for more than three days the period beginning on Wednesday, February --

DAVID DEWHURST: The following message from the Governor. The Secretary will read the message.

PATSY SPAW: To the Senate of the 82nd legislature regular session. I ask the advice, consent, and confirmation of the Senate with respect to the following appointments: To be a member of the Prepaid Higher Education Tuition Board Joseph Coloneta, Jr.; Dallas.

To be members of advisory committee to the Texas Board of Criminal Justice on offenders with medical or mental impairment, Martin Daleon, Jr., Corpus Christi; Marry D. Ford, Stephenville; Christopher Kirk, College Station; Robert D. Morgan, Lubbock.

On January 19th 2011, I submitted the name of Jason Kevin Patterson for appointment to the State Employee Charitable Campaign Policy Committee, because he resigned, I hereby withdraw his nomination and request that the Senate return the appointment to me.

To be members of the Texas A&M University System Board Regents, Elaine Mendosa, San Antonio; Judy Morgan, Texarkana; Clifton L. Thomas, Jr., Victoria.

To be members of the Counsel on Sex Offender Treatment. Ronny Fanning, Waco; Aaron T. Pierce, Temple.

To be a member of the Advisory Board of Athletic Trainers, David J. Weer, College Station.

To be members of the Texas Funeral Service Commission Joyce McAllen Odem, San Antonio; Patrick Wayne Robertson, Clarendon.

To be members of the Texas Guaranteed Student Loan Corporation E. Evan Bass, Tuscola; Steven B. Chayes, San Antonio; Frank H. Landis, College Station; Michael J. Savoy, Northlake.

To be members of the Texas Municipal Retirement System Jimmy Parish, McKinney; Royell Rodriguez, McAllen.

To be a member of the Correctional Managed Healthcare Committee Marguerita Delagarsa Graham, Tyler.

To be a member of the Veterans Land Board Allen K. Sanderson, Missouri City.

And to be presiding officer of the Sulfur Region Mobility Authority E. Dellbert Hartun, III, Cooper to nomination.

DAVID DEWHURST: Thank you, Madam Secretary. The chair recognizes Senator Watson to introduce the doctor for the day.

SENATOR WATSON: Thank you very much, Mr. President, members. It is my pleasure to introduce the doctor of the day, and that doctor Is Dr. Larry Kravits from here in Austin, Texas. He is currently working at the Austin Regional Clinic. He went to the medical school at George Washington University and did his residency at the University of Florida Family Medicine Residency Program. He is a member of the Texas Academy of Family Physicians and the American Academy of Family Physicians, of course, along with a TMA and the Travis County Medical Society. He has served our community as an expert panelist with the Texas Medical Board, and he also has served as the team physician for both the Austin Torros and the Austin Ranglers. Members, please help me welcome Dr. Larry Kravits as our doctor for the day.

(Applause.)

DAVID DEWHURST: Senator Nelson. The chair lays out the following resolution. Senate Resolution No. 15 by Senator Nelson. The secretary will read the resolution.

PATSY SPAW: Senate Resolution 15, recognizing the senior citizens of Texas on the occasion of Senior Day at the Capitol, 2011 by Nelson.

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

SENATOR NELSON: Thank you, Mr. President. Members, Senate Resolution 15 recognizes the senior citizens of Texas on the occasion of Senior Day at the State Capitol. Today and tomorrow more than 3500 seniors from across the state are converging on the Capitol to celebrate the accomplishments of older Texans and visit with elected officials about issues facing seniors. The event is organized by the Texas Silver-Haired Legislature which was created in 1985 by the 69th Texas legislature for the past 25 years. The Silver-Haired Legislature has been a strong consistent voice for issues that effect older Texans, veterans, and families. We are all in indebted to our seniors for their years of work and for the standards of community service and citizenship that you set. Will the seniors up in the gallery please stand, and members please help me welcome them to the Texas Senate.

(Applause.)

SENATOR NELSON: Mr. President, I move adoption on the resolution.

DAVID DEWHURST: Thank you, Senator. Members, you've heard the motion by Senator Nel -- excuse me, the Chair recognizes Senator Lucio to speak on the resolution.

SENATOR LUCIO: Thank you, Senator Nelson. I want to thank you for this most important resolution as chair on the legislative committee on aging I have had the good portion, and I'm so happy and glad to work with you on senior issues during the interim. That's a pretty big report we submitted, by the way, to you back in November, but it is full of great research and good ideas. Now, I also want to take this opportunity to invite you to come to the Senior Day Rally on the south steps of the Capitol tomorrow morning. I will be speaking, and I know Senator Deuell will be there speaking as well.

I do want to ask you one question Senator. When we honor Texas seniors, what age group are we talking about? I want the Senators to know whether or not they qualify here. Are we doing the 60 and over, are we doing the 65 and over, are we doing those that get discounts at Luby's already? Who exactly are we honoring here today?

SENATOR NELSON: Senator, I think it's a state of mind, you know, wisdom and maturity and anybody that wants to join the seniors, I think they'd welcome them.

SENATOR LUCIO: Well, I guess grandpas like me, then. I qualify.

SENATOR NELSON: Yes, sir.

SENATOR LUCIO: Okay. Thank you very much for your leadership. Especially on this particular issue, and I join with you in supporting them in this resolution.

SENATOR NELSON: Thank you, Senator.

DAVID DEWHURST: Thank you, Senator Lucio for your comments. The -- members you've -- I was debating on whether to follow up on that. Members you've heard the motion -- I'll stop right here -- members you've heard the motion by Senator Nelson. Is there objection from any member? Chair hears none, and the motion is adopted -- and the resolution is adopted. The chair signs in the presence of the Senate the following:

PATSY SPAW: House Concurrent Resolution No. 44, House Concurrent Resolution No. 43, House Concurrent Resolution No. 36, and House Concurrent Resolution No. 35.

DAVID DEWHURST: Thank you, Madam Secretary. The chair recognizes Senator Ellis for an introduction.

SENATOR ELLIS: Thank you, Mr. President and members. It's my pleasure to introduce a very special guest today to the Texas Senate. We have with us today the artist, Hanh Tran. She's in the gallery. She's going to stand in a second. She's a local Houston artist. She's here for the installation launch of our current "Big Texas" collection in Austin tonight. The collection embraces the uniqueness of the lone star state by focusing on Texas nature, scenery, people, wildlife, and iconic imagery. The collection is on display through March the 10th at Max's Wine Dive, and it is not a dive. It is where a presiding officer held a very elegant dinner on opening night of the session. Governor Dewhurst is going to be there to speak tonight. I have the privilege of introducing him. As of this collection in exhibits here in Austin, Hanh is going to continue an exhibit of her artwork throughout the state of Texas. Members, will you please join me in welcoming as she stands, Ms. Hanh Tran.

(Applause.)

DAVID DEWHURST: Thank you Senator Ellis, and thank you for being here. Senator Deuell, can I call on you to make a motion?

The Chair recognizes Senator Deuell for a motion regarding the return of a nomination.

SENATOR DEUELL: Thank you, Mr. President. Members, on February 1st, 2011, Governor Perry requested that the nomination of Wallis L. Hall to be a member of the Texas Higher Education Coordinating Board be withdrawn. Mr. Hall resigned January 28th 2011. Mr. President, members, the Governor request that the Senate return this nomination to him. I move that the Senate grant the request from the Governor and return this nomination.

DAVID DEWHURST: Thank you, Senator Deuell. Members, you've heard the motion by Senator Deuell. The secretary will call the role.

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio --

DAVID DEWHURST: There being 31 I's and no nays, the motion is adopted and the nomination is returned to Governor Perry. Members, the President's desk is clear. Are there any announcements? Seeing no announcements, the Chair recognizes the dean of the Senate for a highly privileged motion.

DEAN OF THE SENATE: Thank you Mr. President, members. Members, I would to move that the Senate adjourn until 10:30 a.m. Tuesday, February 8th 2011 in memory of specialist Ryan Gardener, a constituent of Senator Hinojosa who was injured and passed as he fought in Afghanistan for our country. So, I move in his honor.

DAVID DEWHURST: Senator Ogden did you wish to speak?

SENATOR OGDEN: On an announcement.

DAVID DEWHURST: You're recognized.

SENATOR OGDEN: Thank you, Mr. President, members, Senate finance will reconvene at 2:15.

DAVID DEWHURST: Members, we have before us a motion by Senator Whitmire that the Senate will stand adjourned until 10:30 tomorrow morning in memory of specialist Ryan A. Gardener. Is there objection from any member? Chair hears no objection from any member, and this Senate will stand adjourned until 10:30 tomorrow.