Senate Transcript, February 9, 2011

SENATOR DEWHURST: Members, 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, Zaffirini.

SENATOR DEWHURST: Thank you, Madam Secretary. Members, a quorum is present. I'm going to ask that the pastor be introduced by one of our members, but first would all the members please rise. And ladies and gentlemen in the gallery, please rise for the invocation this morning to be delivered by Pastor Mark Forest, Lake Side Baptist Church of Granberry. But I'm going to recognize Senator Birdwell to introduce the pastor.

SENATOR BIRDWELL: Thank you, Mr. President. Mr. President, members, I wish to introduce to you Pastor Mark Forest, my pastor back in Granberry. For Senator Huffman, Senator Jackson, he too is a graduate of LSU. Thank you, Pastor, for braving the bad weather up north of here to get to us this morning. We appreciate you coming. Thank you, sir. Thank you, Mr. President.

MARK FOREST: Let us pray. Almighty and eternal God to preserve the works of your mercy. We pray to you who are lone good and holy to endow those who serve here in our state's Capitol with heavenly knowledge, sincere zeal, wisdom and justice as laws are enacted. We ask that you assist with thy holy spirit, counsel and fortitude that their service may be conducted in righteousness and be imminently useful to your people in the state of Texas. That their service will show respect for virtue and reflect a faithful execution of the laws and justice and mercy. Let the light of your divine wisdom direct the deliberation of these men and women and shine forth in all the proceedings and law framed for our rule and government so that they may tend to the preservation of peace and they perpetuate to us the blessing of equal liberty. We ask also for your undoubted mercy on all our fellow citizens throughout our state and country that they may be blessed in the knowledge of Your most holy law, that they may be preserved in union and in that peace which the world cannot give and after enjoying the blessings of this life be admitted to those which are eternal. In Your name I pray. Amen.

SENATOR DEWHURST: Amen. Thank you, Pastor Forest, for being here. Ladies and gentlemen, please be seated. Thank you so much. Members, Senator Whitmire moves to suspend the readings of yesterday's journal. Is there any objection from any member? The chair hears no objection so ordered. Mr. Doorkeeper.

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

SENATOR DEWHURST: Admit the messenger.

MESSENGER: Mr. President, I am here by the House to inform the Senate that the House has taken the following action and the House has followed the following measures. HCR151.

SENATOR DEWHURST: The Chair signs in the presence of the Senate the following.

PATSY SPAW: Senate concurrent resolution No. 12.

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

SENATOR WATSON: Thank you, Mr. President, members. It's my pleasure to introduce to you today Dr. Wayne Bockman. Dr. Bockman is a native Texan who grew up in Houston. He attended the University of Texas as an undergraduate and UT Ssouthwestern in Dallas where he earned his medical degree. His residency was in family medicine, and that's where the practice he's had since 1983. He took a special interest in chronic viral diseases and devoted part of his practice to the treatment of chronic hepatitis and HIV. While he was in Houston he was on the teaching staff at Baylor and the University of Texas Houston medical schools. He was the medical director of the Houston Clinical Research Network for ten years and participated in clinical trials with NIH, CDC and Anfarm. He moved back to Austin in 2004 and now works with Austin Regional Clinic. Members, Dr. Bockman's an avid traveler, avid photographer, he's traveled to all seven continents and is always looking for his next adventure. Can we take a moment to say thank you for his service here today and welcome Dr. Wayne Bockman as our physician of the day.

SENATOR DEWHURST: Doctor, thank you for being here. Members, if there's no objection, I'd like to postpone the reading and referral of bills until the end of today's session. Is there objection from any member? Chair hears none, it's so ordered. Members, I'm going to ask, if I may, we've got seven resolutions, and then Senator Estes would like to bring up an important bill, so I'm going to see if we can move through these resolutions as quickly as we can. Senator Hinojosa. The Chair lays out Senate resolution No. 110 by Senator Hinojosa. The secretary will read the resolution.

PATSY SPAW: Senate Resolution No. 110. Declaring Wednesday February the 9th, 2011, as Port Aransas Day at the State Capitol by Hinojosa.

SENATOR HINOJOSA: Thank you, Mr. President and members. Today is a special day. We have Port Aransas Day here at the State Capitol, and we welcome them to the Senate floor. And let me tell you about Port Aransas. The town's location is from Mustang Island, was first inhibited by the Coranqua (phonetic) Indians in the early 1800s, and it was frequent by famed buccaneer Jim DeFaith. The natural passage between the island and St. Joseph Island was originally named Aransas and later became known as Aransas Pass. In 1855 an English sheep and cattle rancher named Robert E. Mercer, he built a cabin on Mustang Island and the site later became Port Aransas. The town of Mustang Island was called Wofield by the early 1890's but changed his name to Tarpoon to highlight the island's fine fishing. In 1911 the town was officially designated as Port Aransas. In World War II, it soon became one of the most popular resort destinations on the Texas Gulf coast. The superb beaches of a nearby Mustang Island State Park drew campers, swimmers, surfers and fishers from all over the Lone Star state. The town's launching ramps and three lighted piers enable anglers to catch a wide variety of fish including red snapper, shark, stem, trout, tuna, and manito. Port Aransas is one of the top bird watching destinations in the nation. The Lionel Birding Center of Port Aransas Wetland Park and other nature centers afford fine opportunities to view local species such as herons and (inaudible) bills as well as the annual immigration of hummingbirds, flight catchers and oils. Let me tell you, Port Aransas has great hospitality, has great beaches, has great restaurants, great hotels, and great leaders. And please help me welcome our delegation of Port Aransas who are now in the Senate floor. Keith McMillan, the mayor of Port Aransas; Robert Redshaw, Port Aransas city manager; and Ann Ball, Chamber of Commerce director; and Susan Freeman the Port Aransas present chamber. And welcome to the state Capitol and the Senate floor.

SENATOR DEWHURST: Thank you, Senator. Members, you've heard the motion by Senator Hinojosa. Is there objection from any member? The Chair hears none, and the resolution is adopted. The Chair lays out the following resolution No. 146 by Senator Seliger. The secretary will read the resolution.

PATSY SPAW: Senate Resolution No. 146 declaring Wednesday, February the 9th, 2011, as Howard County Day at the State Capitol by Seliger.

SENATOR DEWHURST: Senator Seliger, you are obviously from the North Country, from the panhandle, because you know how to dress in this weather. You got a sweater on, you're -- the Chair recognizes Senator Seliger to explain the resolution.

SENATOR SELIGER: Thank you, Mr. President. We would be honoring Howard County today simply because it is the birthplace of Senator Troy Fraser, but even that is not quite enough. This unique county which consists of Big Spring (inaudible) and thrives on the development of a prosperous future. Howard County is home to four wind turbine farms and is alive with activity of the oil and gas industry along with farming and ranching. Big Spring is a regional hub of a variety of health care services including the Big Spring State Hospital, and the city has recently created a downtown district to provide incentives for redevelopment and restoration is underway for the historic Settles Hotel. Howard County is home to Howard College and the Southwest Collegiate Institute for the Deaf which provides essential programs for a skilled work force in a unique institution. Howard County is also the home of the Elong refinery, a refinery that has been one of the oldest operating ones in the United States for 78 years. And also is home to the longest continuously operating Harley David dealers -- Davidson dealerships in the state of Texas. Joining us on the floor today are City of Big Spring Mayor Tommy Duncan, Big Spring Area Chamber of Commerce president Terri Johnson -- Terri Johanson, I'm sorry, and businessman Jerry Worthy. Also up, I believe, in the gallery are citizens from all over Howard County. I would ask you to stand today. Please join me in welcoming the citizens of Howard County to the state of Texas. And I move adoption of this resolution. (Applause.)

SENATOR DEWHURST: Thank you, Senator Seliger. Ladies and gentlemen, thank you for being here. I'm going to recognize a long-time fellow citizen from your area, Senator Troy Fraser. And by the way, I just want you to know that I've spent a lot of time in Big Spring over the years. We built the cogeneration plant back in 1986, '87 and operated that for a long time. Senator Fraser.

SENATOR FRASER: Thank you, Governor. Every year we -- I look forward to this. The -- not only my home -- this is one of the unique times, members, that very few parts of the state, most of them have one senator, this is a case where we claim where they have two senators that we still are watching after it. Big Spring is unique in that it actually has three senators because Duncan has also -- Robert Duncan has been senator of that area and I would make the case that they actually have four because Lieutenant Governor, because of his ties, he kind of down played it a little bit, but the cogeneration plant that was put in the refinery of Big Spring, put that industry on the map. He spent long hours there, and he's got a -- both a loyalty and a lot of history to Big Spring and Howard County. It's always great to have you down here. It's always fun. There was a group that came in yesterday, and I got to hug everybody and we will have fun this afternoon. I think at 2:00 o'clock this afternoon is the Coke float. Is that -- we're not doing it? Okay. Maybe I'll get one. But it's good to have you here and I will make note, this is a gigantic group from the city of this size to come. And you have to realize that there was one bus that didn't even get here because the ice. These people braved it. Big Spring, Howard County, thank y'all for being here. You're always home for me.

SENATOR DEWHURST: Thank you, Senator Fraser. Members, you've heard the motion by Senator Seliger. Is there any objection from any member? Chair hears none, and the resolution is adopted. Senator Wentworth. The Chair lays out the following resolution, Senate Resolution No. 207 by Senator Wentworth. The secretary will read the resolution.

PATSY SPAW: Senate Resolution 207 commending the members of the Leadership Boerne Class of 2011 for their civic engagement and volunteerism. By Wentworth.

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

SENATOR WENTWORTH: Mr. President, it's my honor today to introduce to you Leadership Boerne who are seated in the west gallery. Developed in 1998 Leadership Boerne is a program sponsored by the Greater Boerne Chamber of Commerce to increase awareness of issues facing not only Boerne but also the surrounding communities and Texas. Both now and in the future. The program includes nine full-day sessions that take place over the course of nine months addressing topics such as city and state governments, health care, social services and education systems. Participants are chosen based on their potential for leadership and come from all sectors of the community. And as a result each Leadership Boerne group represents a number of professions. For instance, today we have with us today the general manager of Acave, a number of bankers, a realtor, a postmaster and a florist. Please join me in welcoming this group troupe of leaders to the Texas State Capitol. And if you'd stand so we could recognize you, please. (Applause.)

SENATOR WENTWORTH: Thank you, Mr. President.

SENATOR DEWHURST: Thank you, Senator. Members, you've heard the motion by Senator Wentworth. Is there any objection from any member? Chair hears no objection from any member. The resolution is adopted. Chair lays out the following resolution Senate Resolution No. 205 by Lucio, the secretary will read the resolution.

PATSY SPAW: Senate Resolution 205 declaring Wednesday February the 9th, 2011, as Kingsville Day at the State Capitol. By Lucio.

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

SENATOR LUCIO: Thank you, Mr. President and members. Members, today we have a delegation with us from the city of Kingsville, Texas in Claybrook County. On the floor we have Dr. Steven Talen who is president of Texas A&M University, Kingsville. Leo Alacon who is the county clerk in Claiborne County. Stanley Lakowski, which he's the city commissioner in Kingsville. (Inaudible) Griffin, chief administrative officer of Kingsville Independent School District. And last and certainly not least Alex Spires, executive director of the Kingsville Chamber of Commerce. I want to welcome y'all here today. And, you know, Calen Deets in my office, and she's right over here, I think you recognize her. She's from Kingsville. Also today she gets to feel like she's at home with your presence here on the floor. I know you've been recognized over in the House earlier this morning, I want you to know that you have a great new state representative in JM Lasano. I am working closely with him this session to make sure the community has an additional voice here in Austin. I'm proud to say, members, that I have a city like Kingsville, like a second home to me, because when I attended Texas A&M back in the 1960s, in my district it's home of the King Ranch, one of the world's largest ranches, over 800,000 acres and plenty of wildlife. Most of us have been there. It is an important center of higher education for South Texas with a great pharmaceutical program and wildlife institute. Those javelinas (phonetic) aren't half bad either. As a matter of fact, they're exemplary. Finally, the Naval Air Station is an important national resource involved in the training of the next generation of pilots who have served in our Armed Forces. I've met them, they're great Americans, Senator Ogden and I've been at that Naval Air Station, it's something special for the whole country. So with that, Mr. President, I'd like to move adoption of Senate Resolution 205. And, members, help me welcome this incredible wonderful delegation from Kingsville, Texas here today.

SENATOR DEWHURST: Thank you, Senator Lucio. Members, you've heard the motion by Senator Lucio. Is there any objection from any member? Chair hears no objection, and the resolution is adopted. Members, the Chair lays out the following resolution, Senate Resolution No. 25 by Senator Whitmire. The secretary will read the resolution.

PATSY SPAW: Senate Resolution 25 recognizing the West Gulf Maritime Association for its efforts in unifying maritime industry concerns in the West Gulf area. By Whitmire.

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

MR. WHITMIRE: Thank you, Mr. President, members. Senate Resolution 25 recognizing the West Gulf Maritime Association for its efforts in unifying maritime industries in the West Gulf area. The West Gulf Marine Association was organized in 1968. Its membership includes steam ship owners, operators, agents, terminal companies are located from Brownsville, Texas to Port of Lake Charles in Louisiana. The association has 160 members and is an active advocate and lives on for the maritime industry. Please help me welcome this morning Morris Albright, a port commissioner with the Port Arthur International Public Port. Nathan Westerly, president of West Gulf Maritime Association. And member Jernigan Schroeder, owner of Shroeder Marine Services. Steve (inaudible), CEO of Gulf Cooper and George Oddfell, vice president. George Fonticos. At this time, gentlemen, welcome to your State Capitol and thank you for what you do along the Gulf port. Thank you. (Applause.)

SENATOR DEWHURST: Thank you, Senator Whitmire. Members, you've heard the motion by Senator Whitmire. Is there any objection from any member? Chair hears no objection, and the resolution is adopted. The Chair lays out the following resolution, Senate Resolution No. 183 by Senator Watson. The secretary will read the resolution.

PATSY SPAW: Senate Resolution 183 commending Leon Schmidt on his many achievements and extending to him best wishes for a memorable 95th birthday. By Watson.

SENATOR DEWHURST: Thank you. The Chair recognizes Senator Watson to explain the resolution.

SENATOR WATSON: Mr. President, thank you very much. Members, it is my great privilege to bring forward this Senate Resolution and to celebrate the 95th birthday of one of Austin's iconic community members, Mr. Leon Schmidt. Those that know Mr. Schmidt know him to be a very distinguished gentleman with a lot of great wisdom and generosity of spirit. He was born February 12th, 1916, in Yorktown, Texas. He's a 1932 graduate of Austin High School. He went on to earn a bachelor's degree from the University of Texas and a master's degree from Harvard. He served our country well as a first lieutenant in the United States Army in the Pacific theater during World War II. In 1953 he married Barbara Cowen, they raised four children. In the late 30s Mr. Schmidt, along with his father, they opened Yarings Department Store in Austin, Texas, which folks who have been in Austin at any point in time since the 1930s are very familiar with that wonderful store on Congress Avenue. It became, in fact, an iconic business, very well noted for women's fashion and accessories. And for more than 60 years Mr. Schmidt offered personalized customer service to the Austin community. In addition, he has been a significant philanthropic contributor to different organizations and causes in this great city. So members, help me take a moment on the anniversary and the celebration of Mr. Schmidt's 95th birthday to say to him happy birthday by passage of senate resolution No. 183. Mr. President, I move adoption. And, by the way, members, Mr. Schmidt's up here in the corner. (Applause.)

SENATOR DEWHURST: Thank you, Mr. Watson. Senators, you've heard the motion by Senator Watson. Is there objection from any member? Chair hears no objection from any member, and the resolution is adopted. Chair lays out the following resolution, Senate Resolution No. 162 by Senator Lucio. The secretary will read the resolution.

PATSY SPAW: Senate Resolution No. 162 declaring Wednesday February the 9th, 2011 as Harlingen Day at the State Capitol by Lucio.

SENATOR DEWHURST: The Chair recognizes Senator Lucio to explain the resolution.

SENATOR EDDIE LUCIO: Thank you, Mr. President. And thank you, members. Today we have a delegation with us from the All American City, and I repeat, All American City of Harlingen, Texas down in deep south Texas. Harlingen is the home of two of the valley's most important resources. First, the Regional Academy Health Center is in Harlingen. I can't tell you how proud I am of the Rack, as we call it. It is on the way to becoming a full four year medical school with your help by starting last session, along with Marine Military Academy and the Texas State Technical College. The Rack is a vital resource for the valley. An economic engine for the entire region and a beacon of light for the local school children who dream of training there someday. The future of the Rack, Senators, obviously is in your hands. Second, Harlingen -- Harlingen (inaudible) the Valley International Airport and, therefore, is a key gateway to the whole Rio Grande Valley including South Padre Island, which most of you have visited. When you visit the valley, you are likely to first visit Harlingen. And when you visit, you are likely to see a great public artwork. Beginning in 2003 the mural project has been adding a real dash of color and character to the downtown area. Over 20 murals are now painted on the sides of buildings, and it is really a great sight to see. It is a great example of how public money can be used creatively to improve people's quality of life. I'd like to introduce the -- our guests here on the floor at this time. First, a very dear friend, Mayor Chris Boswell. Another wonderful friend Commissioner Joey Ravino. An outstanding leader in our business community, Dean Lafever, chairman of the Harlingen Chamber of Commerce. And, of course, our sparkplug in Harlingen, Cris Zamponi, president and CEO of the Harlingen Chamber. I want to thank the elected officials and the community leaders that are here up in the gallery, on the north side of the gallery. Thank you for your leadership and your hard work in making Harlingen one of the valley's gems, and I want to thank Melissa Boykin, the special events manager for the Harlingen Area Chamber of Commerce. I know you've worked so hard over the past month to make this happen. Your hard work has not gone unnoticed by everyone. And with that Mr. President, I'd like for all of us to give a real Texas welcome to our guests on the floor and our guests in the gallery at this time, and I move adoption of Senate Resolution 162. (Applause.)

SENATOR DEWHURST: Thank you, Senator. Members, you've heard the motion by Senator Lucio. Is there any objection from any member? Chair hears no objection, and the resolution is adopted. Members, I'm going to ask all of the members if they would to take their seat, please. I'm going to ask the members if they would to take their seat. The Chair lays out the following resolution, Senate resolution No. 184 by Senator Nelson. The secretary will read the resolution.

PATSY SPAW: Senate Resolution 184 in memory of Richard Reese Wenneker by Nelson.

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

SENATOR NELSON: Thank you, Mr. President and members. Senate resolution No. 184 commemorates the life of one of my constituents, Richard Reese Wenneker, who was well known in the Grapevine and Colley community for his leadership with the Boy Scouts. Mr. Wenneker worked as a mainframe software systems engineer for Burlington, Northern Santa Fe and IBM. He died in August at the age of 54. Rich, as he was known to his family and friends, was a dedicated Scout leader who believed that young people learn much more through experiences than lectures. He led by example showing young people their value and ability while having a great time in doing so. His interests included protecting our natural resources, technology and Texas 5A football. Rich was an active member of the First United Methodist Church in Grapevine. His first love was Sonja, his wife of 26 years and their three sons Adam, Cory, and Jacob. Rich was a devoted son, brother, husband and friend. Joining us today in the gallery are Sonja, Adam and Cory. Would you all stand and, members, would you please help me recognize the memory of Richard Wenneker. (Applause.)

SENATOR DEWHURST: Thank you --

SENATOR NELSON: Mr. President, I do move adoption of this resolution, but I would like to ask that we adjourn in the memory of Richard Wenneker.

SENATOR DEWHURST: Thank you, Senator. Members, you've heard the motion by Senator Nelson. Would all those in favor please rise. It being unanimous, the motion is adopted. Thank you very much, Senator Nelson. Members, that concludes the morning call. We're going to bring up eminent domain now. The Chair recognizes Senator Estes for a motion to suspend the regular order of business on Senate Bill No. 18.

SENATOR ESTES: Thank you, Mr. President and members. Mr. President, I move to suspend the Senate regular order of business to take up and consider Senate Bill 18.

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

SENATOR VAN DE PUTTE: Thank you, Mr. President. Would the author of the bill yield for some questions?

SENATOR DEWHURST: Will Senator Estes yield to some questions?

SENATOR ESTES: Yes, I would. But would it be okay if I laid out my statement first and then I'll be happy to take your questions? Would that be okay?

SENATOR VAN DE PUTTE: Absolutely.

SENATOR ESTES: Okay.

SENATOR DEWHURST: The Chair recognizes Mr. Estes.

SENATOR ESTES: Thank you, Mr. President, members. Members, here we are again working on a very important issue for our state, and I believe one of the most important functions of government is the protection of private property and the interest of private property owners. Our ability to own and profit from private property is fundamental to not only our economic liberty but also to our personal liberty. The constitution envisions the use of eminent domain as a necessary evil to acquire private land for a greater public good and benefits. I foresee this to continue to be important and, therefore, Senate Bill 18 seeks to protect property owners with fair treatments, good faith negotiations and just compensation. The intent of Senate Bill 18 is to protect private property through comprehensive eminent domain reform. Creating a truth in condemnation act requiring a bona fide offer and good faith negotiations. Senate Bill 18 would protect landowners from any entity abusing its eminent domain authority. Senate Bill 18 would ensure that landowners are protected from unfair condemnation of their property. The bill clarifies the principles in our United States in our Texas institutions by stating that eminent domain authority is limited and may only be exercised when the property acquired through the eminent domain is taken for public use. Public use is the threshold requirement. And if taking is not for public use, then Senate Bill 18 making it clear that the taking is prohibited. The next level of protection in the bill provides private property owners with is -- a truth in condemnation procedures act. This provision of Senate Bill 18 requires that any public entity must vote in a public meeting the use of eminent domain before it may begin condemnation of private property. After the threshold requirement of public use and public vote authorizing the eminent domain authority have been satisfied, additional safeguards would come from the bona fide author requirements. Senate Bill 18 would require an eminent domain authority to make an initial offer in writing to the property owner to acquire the land voluntarily. The bona fide author requirement also prohibits confidentiality agreements which ensures transparency in the process. Transparency in condemnation proceedings, members, is essential. Property owners must receive adequate information to obtain a fair price about their property. Failure to make a bona fide initial offer would subject the condemning authority to liability for all court costs and attorney's fees incurred by the property owner. The next level of protection for property owners is the requirement that the entity with eminent domain authority provide them with the landowner's bill of rights. At the time their property is acquired for the entity, the landowner bill of rights requires certain disclosures to be made to property owners such as the right to repurchase the land. If the public use for which the property was acquired ceases, the right to request information relating to the use of the property and the actual progress towards that use and the repurchase price would be the price that was paid to the owner at the time of acquisition. The public use clause in this bill comes from the 5th Amendment of the United States Constitution which provides "nor shall private property be taken for public use without just compensation." Over the years the courts have determined that whenever there is government taking of private property, that taking must meet the scrutiny of serving a public purpose. Traditionally, as long as the taking is for a legitimate public purpose, courts have been unwilling to declare a taking unconstitutional, and that refreshes your memory of what we did two years ago as we passed this same bill out unanimously. So I would yield to Senator Van de Putte for questions.

SENATOR DEWHURST: The Chair recognizes Senator Van de Putte.

SENATOR VAN DE PUTTE: Thank you, Mr. President. And Mr. Chairman, thank you very much. I know of the years of work that this body and certainly the committee has done on the issue of eminent domain, and certainly we're all familiar, I think, with a lot of the language in here. But I had some specific questions that we talked about in committee and I thought it might be really good for me to have my memory refreshed but to also 0for clarification, but I do want to thank you and you've had an unbelievable process with all stakeholders at the table. Each word that is here I know that is crafted very carefully, but I do have some concerns -- questions relate to the section 21, it's on page seven, and I think it's on section 21.101, which is on the right to repurchase. And, Mr. Chairman, let me assure you I will vote to suspend for this bill and will vote for this bill. These questions are for clarification only, as we discussed in the State Affairs Committee.

SENATOR ESTES: Absolutely.

SENATOR VAN DE PUTTE: If you could -- when we went through this, certainly, the right to repurchase provision in the bill, can you please explain from what we see, the right to repurchase, this allows the landowner who had had the land previously to be able -- to either the condemnee, as it is called in the bill, or the condemnee successor, the family, or who owns the property to buy back that tract of land, if there -- if nothing has happened in ten years except for those seven provisions, can you go over a little bit what that right to repurchase, what it really entails.

SENATOR ESTES: I'd be happy to, Senator, and I appreciate you bringing that up. The first point I'd like to make is we have never had this provision in our body of law before, so other than a project just being canceled, this does not happen on a regular basis. So we're breaking new ground here. What we came up with after meetings with many stakeholders, and as you know, you were in a lot of these meetings, hours and hours of talking about it, we came up with seven criteria for that buy back. Now, the buy back is over a ten-year period. There was some discussion over whether that was too long or too short but we finally settled on ten years. And let me just very quickly -- No. 1, if there's a significant amount of labor; No. 2, significant amount of materials; 3 would be the hiring of work by architects or engineers; 4, an application for state or federal funds; an application for a permit, No. 5; the acquisition of a tract of land of property adjacent; and then the last one, adoption by majority of entities of a governing body at a public hearing of a development plan for the public use. So the bill is, as it's envisioned, allows government entities to cover two of those seven criteria to be able to keep that land and not sell it back for the original purchase price. The issue has been carefully crafted, and let me tell you why. There's all -- this is a broad subject, eminent domain, and we have small parcels that are taken and small projects and we have absolutely huge projects in the state. One that comes to mind is the Houston Port Authority, and I believe Senator Jackson has some questions about that. Those projects that are very large take much more time than ten years to develop and so after -- after carefully working the wording of each one of these criteria, with all the stakeholders, this is what we came up with and there's some people that have said that maybe it's a little too loose, some people think it's a little too tight. No one is actually -- you know, everybody's got something in this bill that they like or maybe don't like, but the great thing about it is it's been carefully crafted and -- over years now, and this is something that we need to get into law. So further questions, go ahead.

SENATOR VAN DE PUTTE: Well, thank you very much. And my specific question is I understand within the ten -- or the ten-year period that an entity has to meet two of the seven criteria.

SENATOR ESTES: That's correct.

SENATOR VAN DE PUTTE: But I'm concerned because on the seventh one it says the "government entity" -- "the adoption by majority of the "entity's governing body" so city council, county commissioners or river district, flood control district, at a public hearing of the entity would indicate that they will not complete more than one before the ten. So this tells me that for private entities, they got to do two out of the seven. But if you're a government entity, all you got to do is pass some resolution that says, Hey, we're only doing one and is that a king's X? Why is that a difference between the threshold of what we allow government entities to do rather than two out of seven? It seems to me that one's kind of like a get out of king's X. So for a government entity they just have to pass a resolution that says, We're only going to do one. Is that correct?

SENATOR ESTES: Well, that's not the way I look at it, Senator. The government entities, yes, can pass a resolution but really there's a lot of other places in this bill that we could go to that say one of the big changes is that that entity has to have a public vote. These people, for the most part, are elected officials that are beholden to the voters that put them in. I think the ultimate answer, though, to your question goes on the next page there, in line seven, on my page it says 18, it says, "A district court may determine all issues in any lawsuit regarding the repurchase of a real property interest." I think there's -- the district court will have to make that determination and it will be a question of fact for the courts as to whether this process was followed in good faith.

SENATOR VAN DE PUTTE: And I appreciate that. But it kind of presupposes that somebody's going to take somebody to court on this and my concern is people who have had their land taken for a purpose, but nothings happened for ten years, are not going to be able to -- or their heirs, their successors to get the land back from a government entity because all they have to do is pass a resolution saying they're going to do one or the other six and one of them. And that's what I wanted to ask you again. One of them says that you have to -- if you have an application for like financing or granting of a permit or an application for a permit, but it's just the fact that you applied, it doesn't have to be granted. Right?

SENATOR ESTES: That's correct.

SENATOR VAN DE PUTTE: So an entity -- so an entity, whether governmental or not, could apply for a Parks and Wildlife permit or an expansion of a driveway permit and that wouldn't even have to be completed but that would comply with one of the requirements because it doesn't have to be granted, just applied for.

SENATOR ESTES: From my understanding that it would but also what I said earlier that could be taken to court and to make sure that the court would determine whether that was a -- they legitimately followed this process.

SENATOR VAN DE PUTTE: So I think inherent in this -- I mean, I know it's carefully crafted, but we've already admitted that we're going to put these seven in and there's going to be a lot of litigation on this because -- and I got to tell you my experience in San Antonio, at one point in our city's history we were trying to have a reservoir, surface water reservoir, it's called an Apple White project and my city went about and got the land. The voters defeated the bond proposition for that purpose. Several years, came back again, the city, the voters again defeated the proposition. So twice the voters said, We don't want this project, we're not going to fund it, the taxpayers can't afford this. Would an election and defeat of bonds qualify for wording under your 21.101 section one where it says "the public use for which the property was acquired through eminent domain is canceled before the property is used for that public use"? I mean, would a vote of the people that say, We don't want that, would that or would somebody have to go to court to determine it?

SENATOR ESTES: You know, Senator, one of the great things about this bill is the Duncan/Estes bill and I really do thank Senator Duncan for a lot of the legal work on this, not being a lawyer. So let me chime in that we think about our dear friend, retired Senator, Kyle Janig, worked on this too. But if I may do a little lateral here, would that be acceptable to you? We have no one at the helm.

SENATOR DUNCAN: You're yielding to --

SENATOR ESTES: I yield. I think Senator Van de Putte has the floor.

SENATOR DEWHURST: The Chair recognizes Senator Duncan.

SENATOR DUNCAN: Thank you, Mr. President. Senator Van de Putte, I'm not sure I fully understand your question, but let me walk through -- restate it in about a sentence, if you could. I was listening to it, but I was also reading while you were asking the question.

SENATOR VAN DE PUTTE: Well, my question is on the right to repurchase, and my concern is that for the person to be able to get back their property after ten years if it hadn't been used for the purpose of whatever entity had took it, I was concerned that all of these seven criteria were set out for private entities. You have to do two of the seven, but if you're a governmental entity, all you have to do is pass a resolution saying, Hey, we're only doing one. Is that correct?

SENATOR DUNCAN: That's correct. If you do it before the ten years has expired. Now, let me talk about this progress provision. There are three ways or three triggers to the repurchase options and, again, this is the first time we've -- the repurchase right is to actually purchase it back at the price the governmental entity paid for it, so you don't -- the governmental entity can't invest in the property and get a return on their investment. The first is, and the word "public use" is very specific in this bill, and each one of these criteria refer to the public use. So when a governmental entity passes a resolution to condemn property, they're going to have to state in the resolution the public purpose so there is a record of what the public purpose is. So if -- if the public purpose is canceled, then that is a trigger. If the -- the next trigger is if there's no actual progress made for the public use and not public purpose, it's public use rather, and we're very specific to use in this particular bill. Then if there's no progress made toward that public use, then you can repurchase. And we allow progress to be defined as one of seven things. Actually one of six things for private entities and one of seven things for governmental entities. The -- so what I'm trying to say here is that the public use has to be defined by the governmental entity specifically in a resolution when they seek to condemn. And the progress still has to be related to the public use. And as we went in -- and this provision came in, as you'll recall, after a fairly significant discussion on the floor about Senator Whitmire and others in the Houston area, they were concerned that the port authorities have to plan out 20 and 30 years ahead. And we listened to that testimony, we actually pulled the bill down from the floor and we negotiated for half a day to make sure that these long-term projects that are necessary for these very huge investments that we have in our ports and other similar types of long-term plans, that there is a way for them to be able to preserve -- to acquire the property before it is -- becomes unfeasible to acquire it and put it in their plan so they can do the necessary long-term planning for the use of the ports. So that's why we put seven in. Seven was actually an amendment, I believe, on -- a floor amendment after we negotiated that with Senator Whitmire, Senator Jackson, Senator Huffman and others from the Houston area. So that was put in there specifically to address those, what we were convinced, were very significant economic concerns for not only the Houston area in the port but for the state of Texas. Because those ports are very important for commerce here in our state and for the country, as well.

SENATOR VAN DE PUTTE: And I thank you for that, with a full realization that there is a price implication for it. But the purpose of this bill, I think, was to protect property owners and to protect property rights. And my fear is that with this particular section that we're not really doing it and I know that you -- other parts of the bill will -- are as much better than we have, it's just -- I'm very, very concerned with this provision. And my specific question was what is the definition of "canceled? In the case of San Antonio or any other jurisdiction, if the voters disapprove a bond election that was stated in the resolution as the public purpose, is that a cancellation?

SENATOR DUNCAN: It may be under the certain -- it just depends on the fact situation, and we have a check and balance in our government. We have three branches of government and I think that there is no way that we can write a bill that will cover every situation that one can think of. I recall the Y2K bill in 1999, and I don't know if you remember, the best lawyers in the state of Texas sit around a table and in two days we came up with hundreds of what ifs. And we did the same thing on this bill and there is -- there's just no way to cover every situation. Our goal here with this specific provision was to introduce a new protection and to advance the ball on that and I think we've done it with all the -- with all of the interests that we had to balance. And that means policy, good policy, and it also means votes. What can you pass. And so we took all of those things into account and I think, quite frankly, Senator Whitmire made a good point on the floor and he raised these concerns -- and Senator Jackson and Senator Huffman and we listened to those and drafted that in order to not basically emasculate the provision but provide that protection for those long-term projects that are important for the economy of the state.

SENATOR VAN DE PUTTE: And I very much appreciate. Maybe I'd much rather like to see an amendment that deals with the Port of Houston because in San Antonio 0and I can envision that there would be long-term projects but ten years, if folks aren't willing --

SENATOR DUNCAN: Well, let me give it to you this way. In Lubbock, Texas -- in Lubbock, Texas we're growing, believe it or not. And in Lubbock, Texas we're looking at having to purchase a property for a loop, an outer loop. Well, that's ten years, 20 years out. But those are long-term projects where you have to start going, you have to begin planning ahead of time of -- you know, it's -- it's not something that there are many projects that are very important for communities and we just can't imagine all of them. So the notion here is that this is a good -- this is a good provision in this bill and it's a new tool that landowners have and -- but we don't want to make it so strong that we do impede the ability of our port authorities or our communities to be able to adequately plan for transportation needs.

SENATOR VAN DE PUTTE: And I appreciate that. I think you've set out six criteria, and my concern was that it was just a permit or an application, it didn't have to be granted or an application for funding didn't have to be granted. And I know it's carefully crafted --

SENATOR DUNCAN: And I take the position, too, and I know the strength of this is, I don't believe under this bill they can change the public use. And so the concern is that Well, we didn't want to use it for this and we posted that in our petition and in our resolution. But now, Well, we're not going to do that, we're going to do this. I don't think this bill allows them to do that. I think that the public use has to be stated --

SENATOR VAN DE PUTTE: And it has to remain consistent?

SENATOR DUNCAN: Well, I don't think -- I think the progress has to be for the public use, which is the public use that's basically stated in the condemnation resolution. And if it's in -- if it moves to a condemnation proceeding, the petition for condemnation.

SENATOR VAN DE PUTTE: I appreciate that, Senator, and all the work you've done. It's just that with this, it seems to imply that we can't anticipate everything, but it seems to me the burden will be on the property owners with the interpretation. And because of what's on page seven, line 59 where a district court may determine that we've already -- we already know that for a lot of these property owners, it really is going to have to be settled in court.

SENATOR DUNCAN: And I appreciate your questions because I think they're important questions and things that we need to consider, I'm a -- I would assure you that as this bill is implemented and this process -- if this process is abused, then I know this legislature will have an opportunity to come back in and remedy that problem.

SENATOR VAN DE PUTTE: Well, thank you very much. I think our purpose, though, was to protect property owners and the unlawful taking and not the regress. And we've done great work in the other parts. This bill is long due to get to the government --

SENATOR DUNCAN: Let me close by saying this, I agree with you. Our duty is to protect the rights of property owners, but our duty is also to balance all of these competing interests in the need to develop infrastructure for the public use. And so in crafting this provision, we -- I think I got as close to it as we could given the votes necessary to pass the bill as well as the right balance to make sure that we can invest in infrastructure in the future.

SENATOR VAN DE PUTTE: Thank you, Chairman. Thank you, Chairman Estes. I don't have any other questions. But I still remain concerned about these particular provision. Wish you much success as we head over to the House side.

SENATOR ESTES: Thank you, Senator Van de Putte and I --

SENATOR DEWHURST: Senator Estes, I'm going to interrupt you just for a moment because I've been asked would Senator Duncan yield for a question from Senator Lucio?

SENATOR LUCIO: I actually would like to address Senator Estes for just a second.

SENATOR DEWHURST: Excuse me. Excuse me, thank you. Would Senator Estes yield to Senator Lucio?

SENATOR ESTES: I'd be happy to yield.

SENATOR LUCIO: Senator -- you know, Senator Estes, I've been very supportive of your bill. Private property rights are sacred in our great state, you've done a great job over the years on this issue and it's good to see things finally moving forward. However, I must tell you there is a group of landowners this bill does not help or address. I mean, those along our border with Mexico who have been encroached upon by Washington's border wall. We hear a lot of talk in Texas right now about Washington's heavy handedness, but here's an example of how landowners along the border have been treated. They truly know the meaning of "diminished access." The wall runs straight -- right straight through their orchards and fields. It affects their businesses, business land, they have helped and their families since before Texas was founded as a republic. I know this is a federal issue, Senator, and that your bill could not mandate the federal government to do the right thing. But -- but I do hope this body can do something for those border landowners. For me it is an issue that affects family and friends and constituents. I have drafted legislation that will provide some relief to borderland owners, and I plan to introduce that resolution that will memorialize Congress to be fairer in their dealings with borderland owners. And I hope, I really hope, Senator, that you can support me in these endeavors and I want to thank you for working so hard on your issue.

SENATOR ESTES: Well, thank you, Senator Lucio. You've been a tireless champion of your constituents and constituents along the border, and I know that there's special needs there as far as the issues down there, and we look forward to reviewing your legislation.

SENATOR LUCIO: Thank you very much.

SENATOR ESTES: Thank you.

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

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

SENATOR JACKSON: Will Senator Estes yield?

SENATOR DEWHURST: Will Senator Estes yield?

SENATOR ESTES: I'd be happy to yield to Senator Jackson.

SENATOR JACKSON: Senator Estes, I want to congratulate you on your bill finally coming to fruition, again, through the Senate anyway. But I just wanted to make a couple of clarifications dealing and relating to the Port of Houston, and Senator Duncan and Van de Putte talked a little bit about this with what transpired during the last session with information brought forth by Senator Whitmire. But the voters of Harris County have given the Port of Houston authority two mandates to act as a sponsor of the ship channel and also to develop and operate public terminals and you understand how that works, I'm sure.

SENATOR ESTES: Yes, Senator, I've actually gone down there and viewed that firsthand, and it's an amazing process to see the Houston ship channel in action.

SENATOR JACKSON: There's a lot of product that moves through there. But as part of their duties that they have to complete as to acquire and develop property and, as you know, it's almost a constant operation where they are placing dredge material, you know, keeping the water (inaudible) and things out of the bottom of the channel. They have to find property to deposit that when they do their dredging operations, correct?

SENATOR ESTES: I'm familiar with that.

SENATOR JACKSON: And I think you have in your bill, and it's just what I want to clarify, the provision that lets them repurchase that. And that's kind of what you and Senator Duncan were talking about where they can go back and continue for a period of time greater than that ten-year period to do their long-range planning and we just want to make sure that that provision is still alive and well and healthy in your legislation. And we appreciate you stopping the proceedings last year to address that. Are those still there?

SENATOR ESTES: Yes, they are. Nothing is on life support here, we specifically crafted language in the repurchase provision of Senate Bill 18 to be fair to both. Fair to both the property owner and to allow them to repurchase their land while recognizing that there really are legitimate long-term governmental plans for land acquired via the condemnation process, as was mentioned, to 20, 30 year timeframes. Specifically, the bill would require the process to be transparent, and I think that's very important. And to provide just compensation to the landowners while allowing the repurchase of their land for the public use if the property acquired through eminent domain is canceled. And in the bill it does say "the specific use." They have to define it with specificity. Glad, I got that word out correctly. But -- so we feel good about it and I plan to be back here. And if there are abuses in this process, I know the legislature at that time will deal with it. But I think that this answers your concerns and the delegation of Houston and proud to work with all of you, because we know how important that port is to the whole economy of Texas and the nation.

SENATOR JACKSON: Thank you, Senator Estes, for your hard work, and I think you've done a great job on this bill. Appreciate it.

SENATOR ESTES: Thank you, Senator Jackson.

SENATOR DEWHURST: Thank you, Senator Jackson. Thank you, Senator Duncan. Thank you, Senator Lucio. Members, Senator Estes moves to suspend the Senate's regular order of business to take up and consider Senate Bill 18. Is there objection from any member? Is there objection from any member? Hearing no objection from any member, the rule is suspend -- is saw -- is suspended. I got stuck. The Chair lays out a second reading of Senate Bill 18. The secretary will read the caption.

PATSY SPAW: Senate Bill 18 relating to the use of eminent domain authority.

SENATOR DEWHURST: Chair recognizes Senator Estes.

SENATOR ESTES: Mr. President, I'd like to recognize Senator Hegar before we move passage to engrossment. Is that proper?

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

SENATOR HEGAR: Mr. President, to ask Senator Estes a question.

SENATOR DEWHURST: Will Senator Estes yield?

SENATOR ESTES: I'll yield.

SENATOR HEGAR: Thank you, Mr. President. Thank you, members. Senator Estes, on last session when we dealt with this Senate Bill, we had a question for you. And if you don't mind, I'd like to ask you that same question. Can you explain the effect of the new standard for recovery of access damages found in property code 21.4042D as found in section ten of the bill, page six, line 4253.

SENATOR ESTES: Senator Hegar, I am glad you asked that question because it's what tripped us up two sessions ago, but I appreciate all your help on this. I truly do. In certain circumstances, we want more landowners who are currently not recovering for loss of access under the material and substantial test, as that test is currently interpreted by the courts, to recover loss of access. We're acting here to change the current state of law on that issue. We want the words in 21.042D to be interpreted such that if a property owner suffers a loss of access that is material, not trivial, not nominal, not imaginary or speculative, that the loss and that the loss affects the market value of the property, then the court must allow the fact finder to consider evidence on that loss when the fact finder determines what damages are due to the land owner. This is a lower standard than material and substantial but -- and the higher standard than any diminished access that's been proposed in previous bills.

SENATOR HEGAR: Thank you, Senator. And Mr. President, I would ask that we put those or exchange our marks down in the journal, Mr. President.

SENATOR DEWHURST: Members, you've heard the motion by Senator Hegar. Is there objection from any member? Chair hears no objection, and the motion is adopted and the comments will be included in the journal. Senator Birdwell, for what purpose do you rise, sir?

SENATOR BIRDWELL: Ask a question of the bill of the author.

SENATOR DEWHURST: Will Senator Estes yield?

SENATOR ESTES: I'd be happy to yield.

SENATOR DEWHURST: The Chair recognizes Senator Birdwell.

SENATOR BIRDWELL: Thank you, Mr. President. Thank you, Senator Estes. Thank you for the hard work you've done here putting some ammunition in the weapon systems of our citizens to protect themselves. In listening to the exchange between you and Senator Van de Putte and Senator Duncan and Senator Van de Putte, I want to make sure I'm clear on one aspect. In the aspects associated with those seven categories or seven actions in section 14.

SENATOR ESTES: Okay. Let's go back to that.

SENATOR BIRDWELL: The number -- the seventh action, the seventh option for a local entity, the opportunity to move passage, public vote, exception way for public accountability and for local voters to see stuff. But I wanted to make sure, is it possible that if a local entity or domain -- eminent domain authority does the taking that it could wait out the ten-year period and then after that ten-year period, having taken a vote, say the ninth year, ask for additional federal funding whether that funding coming from aid or not, that once we pass the ten-year threshold, there's not an option to buy back, does the landowner lose that ability to get the property back if we cross that -- whether it's a five, ten or 15-year threshold?

SENATOR ESTES: Well, Senator that's really not my intent for any government -- governmental entity to gain the system. And as we discussed before, if that happens, then there will be a finding of fact in court to make sure that that doesn't happen again. And also as we repeated before, this legislative body will come back and -- in future sessions and we -- we're doing a lot of working on these bills aa they're enacted. So I understand the concerns. In my opinion, I think the concerns are a little over inflated, but we will keep an eye on this. This is something that we feel that we have to enact because we talked about these large 20 and 30 year projects. It is my legislative intent that those people that have followed the rules of this bill and their land is no longer needed and the use is not the same as it was intended, they will get to purchase their land back. That is my intent.

SENATOR BIRDWELL: Thank you, Senator Estes. I really appreciate all the hard work that you and all the stakeholders have done on this.

SENATOR ESTES: Well, and I appreciate the fact that our two new senators have just dived into this issue and understand it now. And thank you for your support.

SENATOR BIRDWELL: Thank you, sir.

SENATOR ESTES: Mr. President, I'd like to move passage to engrossment of Senate Bill 18.

SENATOR DEWHURST: Members, you've heard the motion of Senator Estes. Senator Estes moves the passage of engrossment of Senate Bill 18. Is there objection from any member? Is there objection from any member? Hearing no objection from any member Senate Bill 18 passes to engrossment. Chair recognizes Senator Estes for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR ESTES: Move passage, Mr. President.

SENATOR DEWHURST: Senators, Mr. Estes moves to suspend the constitutional rule that bills be read on three several days. 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, and Zaffirini.

SENATOR DEWHURST: There being 31 ayes and no nays, the rule -- excuse me, there being 30 ayes and one nay, the rule is suspended. The chair lays out on third reading and final passage Senate Bill 18. The secretary will read the caption.

PATSY SPAW: Senate Bill 18 relating to eminent use of domain and authority.

SENATOR DEWHURST: Chair recognizes Senator Estes for a motion.

SENATOR ESTES: Mr. President, I move final passage of Senate Bill 18, thank you.

SENATOR DEWHURST: And congratulations to you and Senator Duncan for all the hard work. Members, Senator Estes moves final passage of Senate Bill 18. The secretary will call roll.

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

SENATOR DEWHURST: There being 31 ayes and no nays, Senate Bill 18, gentlemen, ladies, is finally passed.

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

SENATOR NELSON: Senator Deuell (inaudible).

SENATOR DEUELL: Thank you, Madame.

SENATOR NELSON: You're recognized, Senator Deuell, to explain the report.

SENATOR DEUELL: Thank you, Madame 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 7th meeting.

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

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

SENATOR DEUELL: Thank you, Madame President and members.

SENATOR NELSON: Thank you. Following motion in writing. Secretary will read the motion.

PATSY SPAW: Mr. President, I ask unanimous consent for Senate Bill 257 relating to issuance of "Choose Life" license plates to be withdrawn from the Committee on Transportation and Homeland Security and re-referred to the Committee on Health and Human Services. Author Senator Carona. Senate chair committee bill is being withdrawn. Nelson chair, committee to which bill is being re-referred.

SENATOR NELSON: Members, are there any objections to the motion? Hearing none, the bill will be re-referred. Okay. Chair lays out the following resolution. Secretary will read the resolution.

PATSY SPAW: Senate Concurrent Resolution No. 15 granting the legislature permission to adjourn for more than three days during the period beginning on Wednesday, February 9th and ending on Monday, February 14th. By Whitmire --

SENATOR NELSON: Chair recognizes Senator Whitmire to explain the resolution.

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

SENATOR NELSON: That would be Madame President, senator.

SENATOR WHITMIRE: Excuse me. I had my mind --

SENATOR NELSON: Elsewhere.

SENATOR WHITMIRE: Madame President and members, I would move that we adopt Senate Concurrent Resolution 15 which allows us to adjourn for three consecutive days.

SENATOR NELSON: Thank you, Senator. The question is on the adoption of the resolution. Secretary will call the role.

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

SENATOR NELSON: There being 30 ayes and no nays, the resolution is adopted. The following motion is in writing.

PATSY SPAW: Mr. President, I ask unanimous consent for Senate Bill 237 relating to the regulation of raw milk and products to be withdrawn from the Committee on Agricultural and Rural Affairs and re-referred to Committee on Health and Human Services. Author Senator Deuell. Estes, chair committee for which this bill is being withdrawn. Nelson, chair committee to which this bill is being re-referred.

SENATOR NELSON: Is there any objection to the motion? Hearing none, the bill is re-referred. Members, president's desk is clear. Are there any announcements? Senator Duncan, you're recognized for an announcement.

SENATOR DUNCAN: Thank you, Madame President and members. The Senate Committee on State Affairs will meet 30 minutes upon adjournment, which would be actually 35, at 1:00 p.m., 35 minutes after adjournment, 1:00 p.m.

SENATOR NELSON: Thank you. Senator Ogden.

SENATOR OGDEN: Thank you, Madame President, the Senate Committee on Finance will reconvene at 1:00 p.m.

SENATOR NELSON: Any other announcements? Okay. The chair hears none. The Senate stands adjourned -- oh, no. Senator Dean.

DEAN OF THE SENATE: What, are you trying to take my job?

SENATOR NELSON: Yes, sir. The Chair recognizes the Dean of the Senate for a highly privileged motion.

DEAN OF THE SENATE: Payback's rough, isn't it? Yeah. Just going to eliminate me. On a serious note, I would move that we stand adjourned until 1:30 Monday pending the reading and referrals of bills in memory of Richard Wenneker, the gentleman that we passed resolution in memory. Did you want to --

SENATOR NELSON: Thank you. Well, we appreciate that. And if there is no objection, the Senate will stand adjourned until 1:30 p.m. on Monday, February 14th. Chair hears none -- oh, pending the reading and referring of bills. Chairs hear no objection. We stand adjourned until 1:30 p.m. on Monday pending the reading and referrals of bills. (Adjourned.)