Senate Transcript, March 1, 2011

LT. GOVERNOR 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, and Zaffirini.

LT. GOVERNOR DEWHURST: Thank you, Madam Secretary. Members, a quorum is present. Would those on the floor please rise and in the gallery please rise this morning for the invocation delivered by the Reverend Kenneth Hill, Zion Hill Missionary Baptist Church here in Austin.

PASTOR: I was glad when they said to me let us go into the House of Representatives. Let us pray. Heavenly Father, he said look high and look low, our Creator, Holy Righteous Judge, whom without we can do nothing. Thank You for your mercy and Your new mercies. Thank You for Your love, thank You for Your forgiveness, thank You for the blood, thank You for allowing Your only begotten son to take our place on the cross. Forgive us for the wrongdoings in our lives. Now, Lord, bless each of these distinguished men and women with divine care while in carrying out their tasks with you on their hearts and minds. Touch them, Lord, so they will work together in unity toward the same goals of caring for Your people, and at the end of the day we will be all cautious to give you the glory and the praise, thanking You for Your many blessings. In the name of Jesus, our Lord and Savior, I do pray. Amen.

LT. GOVERNOR DEWHURST: Amen. Reverend Hill, thank you. Ladies and gentlemen, please be seated. Thank you so much. Members, Senator Whitmire moves to dispense with the readings of yesterday's journal. Is there objection from any member? Chair hears none, it's so ordered. The Chair signs in the presence of the Senate the following.

PATSY SPAW: Senate Concurrent Resolution No. 17 and Senate Concurrent Resolution No. 21.

LT. GOVERNOR DEWHURST: Thank you, Madam Secretary. Members, if there's no objection from any member, I'd like to postpone the reading and referral of bills until the end of today's session. Is there any objection from any member? Chair hear no objection, so ordered. Chair recognizes Senator Birdwell for an introduction.

SENATOR BIRDWELL: Thank you, Mr. President, members. Today I would like to welcome the Cleburne Chamber of Commerce, students from Cleburne High School, as well as Tuesday forum of Cleburne. Cleburne is one of the great vibrant cities in Johnson County just south of Fort Worth, and with us today we have some special guests here that I'd like to recognize, just a few of them seated in the south gallery. Leading the delegation from Johnson County is County Judge Roger Hermano, Mayor Justin Hewlett of Cleburne, chairman of the Cleburne chamber board, Lani Banett, Dr. Tim Miller the superintendent of Cleburne ISD and Dr. Sheryl Cappus, president of the Hill College. At this time would each of those from Cleburne in the south gallery please stand and be recognized. And welcome to the Texas Senate. Thank you, Mr. President.

LT. GOVERNOR DEWHURST: Thank you, Senator Birdwell. And ladies and gentlemen, thank you for being here. Chair recognizes Senator Whitmire to introduce the doctor for the day.

SENATOR JOHN WHITMIRE: Thank you, Mr. President, members, I'm pleased to introduce the doctor for the day, Dr. Rebecca Bladue from Bay Town Texas, Dr. Bladue is a board certified family physician. She completed her BA in biology and anthropology at Rice University. Her MD at the University of Texas Southwest Medical School in Dallas and her residency at the Baylor Family Practice residency program where she served as chief resident. Dr. Bladue currently serves as an associate professor at Baylor College of Medicine and associate director of medicine San Jacinto director of family medicine residency. Dr. Bladue is a national lecturer on women's health and family medicine topics and the author of numerous chapters and original papers in medical literature concerning family medicine. Joining Dr. Bladue today are Dr. Bo Aler and Dr. Marcus Wheeler, both second year residents at San Jacinto Methodist. Please, members, join with me in welcoming them to the state Senate.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Eltife for the purpose of an introduction.

SENATOR ELTIFE: Thank you, Mr. President, and members. I am very honored today to have representatives here from three cities in my district. Today is Tyle, Longview and Kilgore Day in our Capitol. It is an honor to represent communities like these who are willing to roll up their sleeves and work tirelessly to make Texas a better place. Please help me welcome on the Senate floor today the Honorable Judge Joel Baker, Smith County judge, the Honorable Bill Stout, Greg County judge, the Honorable Ronnie Spradlin, mayor of Kilgore, Ann Hugman chairman Longview chamber and Linda York, chair of the Tyler chamber. We have many, many more in the gallery. If y'all would please stand to be recognized. Members, let's welcome Tyler, Longview and Kilgore to the state Capitol. Thank you, Mr. President.

LT. GOVERNOR DEWHURST: Senator Eltife, I don't want to start picking people out of the gallery, I'm not sure I can see that well, but I do notice President Calhoun is the president of UT.

SENATOR ELTIFE: Dr. Calhoun's here looking for money, Mr. President. He's looking for funding.

LT. GOVERNOR DEWHURST: Oh. Well, you do a great job with your university. Senator Shapiro, for what purpose?

SENATOR SHAPIRO: For an announcement, Mr. President. Before all of the wonderful people from the Tyler/Longview area leave, I do want to make sure they know, Senator Nelson just reminded me, today is Senator Eltife's birthday. So happy birthday.

SENATOR ELTIFE: Thank you, Senator Shapiro. You know, I asked Governor Dewhurst for the day off and well, he refused so I had all my friends come in town.

SENATOR SHAPIRO: There you go. And they'll all sing happy birthday to you later on. It's not so bad being 65, is it?

SENATOR ELTIFE: It actually feels pretty good. I'm aging in dog years serving in this body.

SENATOR SHAPIRO: Happy birthday, Senator Eltife.

LT. GOVERNOR DEWHURST: Thank you for bringing that up, Senator. Thank you. Chair lays out the following resolution, Senate Resolution No. 225 by Senator Ogden and Senator Hinojosa. The secretary will read the resolution.

PATSY SPAW: Senate Resolution 225 recognizing the Boys and Girls Clubs of Texas for the outstanding services they provide young people and their families. By Ogden and Hinojosa.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Ogden to explain the resolution.

SENATOR OGDEN: Members, I am pleased to present this resolution for an extraordinarily good organization on behalf of the people of the state of Texas, the Boys and Girls Clubs. One of which I was a member of a long time ago. But I'm pleased to commend them on this special day. The Boys and Girls Club for their outstanding service they provide to Texas. Over 360,000 school age young people in more than 170 communities are served by these clubs. Their goal is to inspire all young people, especially those who need it most, to recognize their full potential as productive, responsible, caring citizens. The programs encourage community involvement, strong moral values and enhanced life management skills. Today Boys and Girls Clubs across Texas will choose one member as the state youth of the year. The finalists are distinguished by their sound character, leadership abilities and the willingness to give back to their communities. It's an honor to introduce to you these young people who are with us today, and I'd ask them to stand please. They're in the south gallery. Please stand and allow the Senate to welcome you and recognize you for your accomplishment.

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

SENATOR LUCIO: Thank you, Mr. President, Senator Ogden, and members. I also rise in support of this resolution. I'm very proud and -- I'm very proud to announce that one of my Senate district 27's very own is among those being nominated for youth of the year of the Boys and Girls Club. At this time I would ask that Mr. Andy Lopez of Harlingen, Texas seated in the south gallery to please rise and be recognized. Andy is a senior at Harlingen High School and is interested in studying law enforcement. He later plans to serve our great country in the United States Army. Andy has been involved in the Boys and Girls Club of Harlingen for 12 years. Members, join me in welcoming Andy to the Texas Senate.

LT. GOVERNOR DEWHURST: The Chair recognizes Senator Hinojosa to speak on the resolution.

SENATOR HINOJOSA: Thank you, Mr. President, members. I too rise to support this resolution for the simple reason that I used to be a members of Boys and Girls Club. They're a very special organization, they help the youth stay active and build leadership skills. I also have to tell you that my son and my daughters were members of the Boys and Girls Club in McAllen. I spent time coaching baseball team and the basketball team, and I always support the fundraisers because I truly believe that Boys and Girls Club builds character, builds leadership and builds integrity of young kids because they grow up to be adults. And I want to thank you, the Boys and Girls Club, for the fine work you're doing building the future of our young people. Thank you.

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

SENATOR LUCIO: Thank you, Mr. President, and members. Senator Zaffirini and Senator Hinojosa and myself had birthdays ourselves, but I don't want to talk about our birthday because they're way too old. I do want to talk about a birthday on the floor though. A young man that comes to us from El Paso though, let's hear it for Senator Jose Rodriguez. Happy birthday, Senator.

LT. GOVERNOR DEWHURST: Wow. March 1st is a big day for two of our members. Chair recognizes Senator Uresti for the purpose of an introduction.

SENATOR URESTI: Thank you, Mr. President and members. It's great to see everybody here. I just want to introduce a good friend of mine who's up from Corpus Christi. Steve Yatsis. Steve, would you stand up? It's good to see you. Help me welcome a friend of mine all the way from Corpus to the State's Capitol. Thank you, members.

LT. GOVERNOR DEWHURST: The Chair lays out the following resolution. Senate Resolution No. 170 by Senator Deuell. The secretary will read the resolution.

PATSY SPAW: Senate Resolution 170 recognizing the citizens of Hunt County in celebration of Hunt County Day at the State Capitol. By Deuell.

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

SENATOR DEUELL: Thank you, Mr. President, members. It's an honor to welcome not only my constituents and friends from Hunt County, my home county, it is a deep honor. These people here on the floor are friends of mine, I'll introduce them later. But Hunt County was officially formed in 1846 by Cowai Indians. But the Cowai Indians called the area home much earlier, but it grew rapidly thanks to railroads and a booming cotton industry and today the county has two institutions of higher learning and offices of eight Fortune 500 companies. Tourists across the state visit Hunt County to enjoy it's the natural attractions and tour the Audi Museum. And I'm proud to be one of the 82,000 residents of that county. Joining us on the floor today is 196th Court Judge Steve Tidal, starting his first term, Ron Wental from the Hunt County Memorial Hospital and Greenville city council members Betty Franklin, Doug Rosehart, Hattie Tennison. In addition, we have the rest of the Hunt County delegation joining us in the south gallery. Members, please help me welcome this group from Hunt County. Mr. President, I move adoption.

LT. GOVERNOR DEWHURST: Thank you, Senator. Ladies and gentlemen, thank you for being here. Members, you've heard the motion by Senator Deuell. Is there objection from any member? Chair hears no objection, and the resolution is adopted. Chair recognizes Senator Hegar for the purpose of an introduction.

SENATOR HEGAR: Thank you, Mr. President, members. Please join me in recognizing a special group that we have with us here today from Austin County. Austin County is rich in history as a part of Stephen F. Austin's first colony in the early 1820s. As the colony grew, it was settled by immigrants from Germany, Czechoslovakia, Mexico, and has grown into a beautiful and flourishing area where many people enjoy hunting, fishing and special recreational events. Actually it was also the founding spot of the Texas Rangers. With us today from Austin County we have county judge Carolyn Billkicy, commissioners David Ardman and Bobbie Wren. We also have the Sealy city manager Chris Kauffman and Sealy city council member, Yvonne Johnson. From Bellville city council we have James Harrison and Doug Lotridge. And from Bellville EDC we have Monty Burg, (inaudible) as well as Clark McKinley and Danny Jacob and Alderman Alfreda Cloud from the township of San Felipe. If y'all would recognize. It's great to have you here today. Thank you for being a part and coming up here to your state Capitol.

LT. GOVERNOR DEWHURST: Thanks for being here. Senator Hegar, thank you. Senator Lucio. Chair recognizes Senator Lucio for the purpose of an introduction.

SENATOR LUCIO: Thank you, Mr. President, members. I just want to turn your attention to the north section of the gallery. I'm delighted to see that we have a group of transmission and electrical power workers with us here today. Many of them are from my district, but they're joined by those from all corners of the state from Longview, Abilene and San Angelo. And, you know, let's thank them today for keeping our lights on, especially when we have hurricanes along the coast, they do an excellent job for us. Will those here from AP please stand and be recognized. Let's give them a big hand, members.

LT. GOVERNOR DEWHURST: Chair recognizes Senator West and ladies, senators, senators -- if I can have your attention. Could I direct the Senate's attention to our friend and our colleague, to Senator West. You look very elegant today.

SENATOR WEST: Thank you very much, Mr. President. I'm trying to emulate you in terms of your fashion and the whole nine yards. Thank you very much.

LT. GOVERNOR DEWHURST: You already have your chairmanship, you don't have to --

SENATOR WEST: Okay. Thank you very much for that too.

LT. GOVERNOR DEWHURST: You're recognized.

SENATOR WEST: Mr. President and members, could I have your attention just for one second? I think that it's only befitting that I introduce a person, Judge Louis Bedford. Senator Carona, Judge Bedford was the first African American to be appointed as a judge in the city of Dallas. In addition, Judge Bedford was a part of many of the civil rights litigation teams with Thurgood Marshall and other noted civil rights attorneys throughout this country that participated in a lot of landmark cases. Why is he so special to me? He's special to me for a couple of reasons. No. 1, when I first came to Dallas as a little boy way back in the days, I joined the church that he continues to be a leader at the church and I joined that church. So he's been real important in terms of my development and not only that he is a member of that great fraternity, Omega Si Phi fraternity. But members, when you think about a Texan, a person that has given a lot to the state of Texas, as well as Senator Birdwell, to the United States is Louis Bedford right here and I'm going to make certain he's the author of a book that kind of chronicles some of the things that we went through growing up attempting to get into the law school in the state of Texas, not being able to get into a law school in the state of Texas and having to go out of state and then he came back home and began being in involved in a lot of the civil rights activities that we know about that happened over the history of this state and also in this country. So it's with great pride -- let me say one other thing, Mr. President. I can recall back in 1992 when I got ready to run for the state senate, I called Judge Bedford, Senator Lucio said, Judge, you know, when I ran for district attorney, you supported me, will you support me now. He said Senator, he said, Royce, I'll support you if you look out for historically black colleges in the state of Texas and on an annual basis I have to report back what we're doing as a team in the legislature and looking after Texas Southern, Prairie View and other historically black colleges. So Judge Bedford, I want to make certain we gave you your flowers today. This state owes you a debt of gratitude, and I want to say personally thank you for everything you've done for me on a personal basis and everything you continue to do for me every day and also for this great state. So Mr. President and members, I present to some and introduce to others, Judge Eli Bedford.

LT. GOVERNOR DEWHURST: Members, I'm going to recognize, now, Senator Ellis for the purpose of an introduction.

SENATOR ELLIS: Mr. President and members, I want to introduce a distinguished former member to the legislature. Curtis Grace was one of the first two African Americans to serve in the Texas State House since reconstruction. He was elected to consecutive terms to the state legislature from 1966 to 1972. In '69 he was a candidate for mayor of Houston against incumbent mayor Louie Welch, it was a historic race. I remember wearing one of those buttons that said, I dig graves for mayor. We're not in black history month now, Senator West, but one day after that. We're in March now. But he was honored by the black Texas state legislative caucus. And members, I just want you to recognize and please welcome the Honorable Curtis Graves back to the Texas legislature.

LT. GOVERNOR DEWHURST: The Chair lays out the following resolution. Senate Resolution No. 206 by Senator Deuell. The secretary will read the resolution.

PATSY SPAW: Senate Resolution 206 declaring Tuesday March 1st, 2011, as Multiple Sclerosis Day at the State Capitol. By Deuell.

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

SENATOR DEUELL: Thank you, Mr. President, members. It's my honor to welcome members of the National Multiple Sclerosis Society here today for MS Day at the State Capitol. These people volunteer their time and efforts to advance policies that will help those who suffer from this unpredictable and often debilitating disease. I know personally. My wife has had multiple sclerosis for 25 years. Joining us on the floor today are activists and representatives of the MS Society. Linia Masman, Howard Adams, Natalie Steadman, and Donna Gozby, we also have a large group of volunteers joining us in the gallery. If you will please stand and let us welcome you to the Texas Senate. Thank you, Mr. President. I move adoption of Senate Resolution 206.

LT. GOVERNOR DEWHURST: Thank you, Senator Deuell. And ladies and gentlemen and in the gallery, thank you for being volunteers in this effort. Members, you've heard the motion by Senator Deuell. Is there objection from any member? Chair hears no objection, and the resolution is adopted. The Chair lays out the following resolution, Senate Resolution No. 407 by Senator West, Senator Carona and Senator Shapiro. The secretary will read the resolution.

PATSY SPAW: Senate Resolution 407 declaring Tuesday March 1st, 2011, as city of Dallas Day at the State Capitol.

LT. GOVERNOR DEWHURST: The Chair recognizes Senator West on the resolution.

SENATOR WEST: Thank you very much, Mr. President. We have on the floor with us today members of the governing body of the city of Dallas and also have the opportunity of introducing to some and presenting to others a good friend of mine the new mayor of Dallas, Mayor Dewayne Caroway. And so, the city is here today and they will be visiting with each and every one of you and so we want to make certain that we recognize them today on the floor of the Senate. And not only do we have several city counsel persons with us, we also have able city staff. And so I want to introduce the members of the council. And as I introduce you, if will you just kind of wave your hand in the air? Councilwoman Voncille Jones Hill, Councilman Tennell Atkins, Councilwoman Pauline Madrono, Council person Linda Coo, and able city manager, assistant city manager Mr. AC Gonzales. Mr. President, I yield to Senator Shapiro.

LT. GOVERNOR DEWHURST: The Chair recognizes Senator Shapiro on the resolution.

SENATOR SHAPIRO: Thank you so much, Mr. President and members. I'm so honored to join on this resolution. City of Dallas is as an integral part of my district but more than that, as Linda Coo knows, it was also where I was raised and spent all of my years and where I will never ever forget those years in high school. Wonderful community. And one that I have been an integral part of for a very long time and I'm very proud to have you on the floor of the Texas Senate. We're very proud of the work that's being done in the city of Dallas, and I know that even in this transition period, Mr. Mayor, things will go very smoothly and very well. And we're all watching with baited breath for the good things that will follow. Thank you so much for being here. Greatly appreciate all the work that all of you do since we'll all get paid the big bucks. Thank you.

LT. GOVERNOR DEWHURST: Thank you, Senator Shapiro. Chair recognizes Senator Carona on the resolution.

SENATOR CARONA: Council members, we just send the same message, we appreciate the fact that you're here today and especially appreciate the good job that you do. I'm really proud of our city council, I know you have a really tough job there week in, week out and the fact that you're willing to commit such an enormous amount of time to serve the needs of your constituents, which I'm one, means a great deal to me as it does to all of Dallas. So thanks for being here today and thanks for the great job that you do.

LT. GOVERNOR DEWHURST: Thank you, Senator. The Chair recognizes Senator West to close.

SENATOR WEST: Mr. President, members, I move passage of SR407.

LT. GOVERNOR DEWHURST: Members, you've heard the motion by Senator West. Is there any objection from any member? The Chair hears no objection, and the resolution is adopted. Thank you, members. Members, I'm going to go to Senator Jackson for the purpose of an introduction.

SENATOR JACKSON: Thank you, Mr. President, members. If I could just have your attention for just one moment. We have a special group of people here today from Galveston, and they're kind of special folks from Galveston. We've got nursing and medical students here from UTMB, and I know two years after Hurricane Ike came and pretty much devastated everything, a lot of you may be wondering how the school's doing. I want to report to you that all the schools and research facilities are functional, the clinical enterprise has grown beyond expectations, the trauma center is now a operating full level one trauma center. Last year 80 community clinics at 54 locations provided over 600,000 primary care and specialty care visits. We have this group here today. They volunteer so much, they volunteer countless hours across our state. The school, Senator Ellis, ranks second in the nation and students from under represented minority populations. Has graduated more Hispanic medical students than any other school in America, that ranks 10th in the graduation of African American doctors. The UTMB students score above national averages on standardized testing and among the most highly sought in the nation upon graduation for resident physicians and employment. They represent the very best. You know, this legislature made a big commitment, Senator Ogden, last session to the rebuilding of UTMB and I'm reporting to all of you today that they have spent that money and are still in progress very wisely. And I'd like to, if I could, Mr. President, have these group of nursing students and doctors stand up and let us give you a welcome to the Texas Senate. Will y'all please rise? We appreciate the job you do. Thank you.

LT. GOVERNOR DEWHURST: Thank y'all for being here. Thank you, Senator Jackson. The Chair lays out -- this is the last resolution for today. Senate Resolution No. 365 by Senator Hinojosa, Senator Lucio and Senator Zaffirini. The secretary will read the resolution.

PATSY SPAW: Senate Resolution 365 declaring Tuesday March 1st, 2011, as Coastal Bend Day at the State Capitol. By Hinojosa, et al.

LT. GOVERNOR DEWHURST: Thank you, Chair recognizes Senator Hinojosa on the resolution.

SENATOR HINOJOSA: Thank you, Mr. President, and members, today's coastal Ben Day. It's a very special day and I want to tell you about the Coastal Bend area. It's a beautiful place to visit, a beautiful place to live. We've got beautiful still shore, we got the Port of Corpus Christi which is the 6th largest port in the United States and we have a naval station in Kingsville which is the largest advanced jet training base in our country. We also have the naval air station Corpus Christi and naval air base in Ingleside. They play a very important role in the growth of the Coastal Bend area. But the Coastal Bend area, you have Corpus Christi, (inaudible) County, You have Rounds Town, you have Bishop, (Inaudible) and it's a great place to come and visit. We have a lot of attractions, we have a lot of good places to have a nice dinner. And more important, if you really like water, you really like the beach, this is a place to come and visit. I'd also tell you that Corpus Christi and the Coastal Bend area has a lot of great educational opportunities for young people. We have Texas A&M Corpus Christi, we have Texas A&M Kingsville, Texas A&M Health Science Center, pharmacy school, Pharmacy Health Science School in Kingsville, we have Del Mar College. So as you can see Coastal Bend area is very well equipped and prepared to offer a good education to our young. And Mr. President, at this time I will yield to my colleague Senator Zaffirini.

SENATOR OGDEN: Chair recognizes Senator Zaffirini on the resolution.

SENATOR ZAFFIRNI: Thank you, Mr. President. Mr. President and members, it is my pleasure to support Senate Resolution 365 and to be a coauthor with Senator Hinojosa and Senator Lucio. It commemorates Coastal ben Day at the Texas State Capitol. I'm proud to represent five Coastal Bend counties, namely Bee, (inaudible, Live Oak, Mullin and San Trapezio. This region is notable not only for its natural beauty for also for its economic diversity. Tourism, agriculture, oil and gas renewable, and maritime industries are important economic drivers in the coastal bend. Equally important, the Coastal Bend's unique culture and friendly people make it a wonderful place to visit and even a more wonderful place to call home. I join Senator Hinojosa and Lucio in welcoming the Coastal Bend delegation to the Texas Capitol, especially my constituents from Senate District 21 led today by San Trapezio County Judge, the honorable Terri Simpson. And will you please step forward and be recognized. Welcome to the Texas Senate. Judge Simpson is an effective leader with a truly regional outlook and I know, Senator Hinojosa, that you will also introduce the other leaders who are here today. Thank you so much.

SENATOR OGDEN: Chair recognizes Senator Lucio on the resolution.

SENATOR LUCIO: Thank you very much, Mr. President. And, Senator Hinojosa, thank you for Senate Resolution 365. Members, as you know, my district hugs the southern tip of the coastal bend which includes gems such as South Padre Island, Boca Chica Beach, the Port of Brownsville, Texas A&M Kingsville and of course the Kingsville naval air station. I'm very proud of the coastal bend and its people. It is a place of beauty, it is an economic engine, but most importantly it is home. Welcome to your Texas Capitol, gentlemen, thank you.

SENATOR OGDEN: Chair recognizes Senator Hinojosa for a motion.

SENATOR HINOJOSA: Mr. President, I would like to welcome and recognize some of the leaders of the Coastal Bend area that are on the Senate floor, on the Senate floor with us today. We have (inaudible) County Judge Lloyd Neal, Corpus Christi mayor Joe Adami, and the Corpus Christi board chamber president Wes Huskins. And up on the south side of the gallery we have the Coastal Bend delegation. If you all could please stand and thank you for being here. Move adoption.

SENATOR OGDEN: Is there objection to the adoption of the resolution? The Chair hears none, the resolution is adopted. President's desk is clear. Are there any announcements? Chair recognizes Senator Hinojosa for an announcement.

SENATOR HINOJOSA: Thank you, Mr. President, members. Today's the American General Contractors Texas Building and Branch legislative day luncheon. And as you know, they do a lot of commercial construction, they're very important to our economy and you know, the saying, there's no free lunch? Well, there's one today. The American General Contractors Association is providing a free lunch at the Capitol from 11:30 to 1:30. They're serving lunch for members and staff on the Capitol grounds and you have some nice catfish and other -- salad, hush puppies and dessert and potatoes, how's that? Oh, you're hungry. Thank you, Mr. President.

SENATOR OGDEN: Thank you, Senator Hinojosa. Chair recognizes Senator Shapiro.

SENATOR SHAPIRO: Thank you, Mr. President and members. The Senate finance subcommittee on public education funding will meet 30 minutes upon adjournment in the Senate in room E1028. That is the education committee normal routine room. Thank you.

SENATOR OGDEN: Chair recognizes -- another announcement. The Senate finance committee will reconvene at 12:45, 12:45. Chair recognizes Senator Nelson for a motion.

SENATOR NELSON: Thank you, Mr. President and members, I would like to move to suspend the 24 hour posting rule in order for the committee on health and human services to take up and consider Senate Bill 796 in our hearing today upon adjournment. That is a bill related to reporting on prevention and treating of diabetes in this state.

SENATOR OGDEN: Members, you've heard the motion, is there objection? Chair hears none, motion's adopted.

SENATOR NELSON: Thank you Mr. President. Now, could I announce our Senate committee on health and human services is going to meet today in the Senate chamber at 12:30. No. This is the Senate committee on health and human services. Did I say that right? Okay. I said it right. Thank you. 12:30.

SENATOR OGDEN: Chair recognizes Senator Deuell for an announcement.

SENATOR DEUELL: Thank you, Mr. President, members. Wednesday I'll move to confirm the nominees listed on the action report placed on your desks, this is labeled revision two. These nominees were taken up at our Monday February 28th meeting.

SENATOR OGDEN: Chair recognizes Senator Ellis for an announcement.

SENATOR ELLIS: Mr. President, today is the birthday of one of our colleagues. Senator Rodriguez is 21 years old today. Oh, I'm sorry. Well, happy birthday again.

SENATOR OGDEN: Senator Eltife and Senator Rodriguez were born on the same day? All right. Senator Fraser for an announcement.

SENATOR FRASER: Members, the Senate committee on natural resources will go back in at 12:45 in the annex.

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

PATSY SPAW: Motion in writing. Mr. President, I move to suspend Senate rule 1113 so that committees may meet during the reading and referral of bills. By Eltife.

SENATOR OGDEN: Members, you've heard motion. Is there objection? The Chair hears none, and the motion is adopted. Any other announcements? Chair recognizes the dean of the Senate for a highly privileged motion.

DEAN OF THE SENATE: One announcement would be that criminal justice is going to meet at 1:30 in E106, so encourage members to be there. 1:30, Senator Ellis, Hinojosa. With that, Mr. President, I move that the Senate adjourn until 11:00 a.m. tomorrow March 2nd pending the reading and referral of bills.

SENATOR OGDEN: Is there objection? The Chair hears none, the Senate stands adjourned until 11:00 a.m. Wednesday, March the 2nd pending the referral and reading of bills.

PATSY SPAW: Senate Bill 650 by Hegar. Relating to management of certain metropolitan rapid transit authorities. To Transportation Homeland Security. Senate Bill 773 by Zaffirini. Relating to telecommunications service discounts for educational institutions, libraries, hospitals, and telemedicine centers. To Business and Commerce. Senate Bill 774 by Zaffirini. Relating to exemptions for disabled peace officers from the payment of tuition and fees at public institutions of higher education. To Higher Education. Senate Bill 775 by Zaffirini. Relating to establishing a participant directed medicaid waiver pilot program. To Health and Human Services. Senate Bill 776 by Zaffirini. Relating to customers brokers. To Finance. Senate Bill 777 by Williams. Relating to recreating the scholarship trust fund for fifth year accounting students as a trust fund outside the treasury. To Higher Education. Senate Bill 778 by Williams. Relating to the inclusion of professional staff who educate students with disabilities on district level and campus level planning and decision making committees. To Education. Senate Bill 779 by Whitmire. Relating to a central database containing information about certain persons who have been convicted of or received a grant of deferred adjudication for certain offenses involving animal cruelty. To Criminal Justice. Senate Bill 780 by West. Relating to the creation of an instant ticket lottery game with revenue dedicated to the Texas grant program. To State Affairs. Senate Bill 781 by Carona. Relating to the functions and responsibilities of certain legislative oversight committees. To Business and Commerce. Senate Bill 782 by Carona. Relating to uniform law on secured transactions. To Business and Commerce. Senate Bill 783 by Hinojosa. Relating to the authority of certain counties to provide health care services. To International Relations and Trade. Senate Bill 784 by Hinojosa. Relating to librarians employed by school districts. To Education. Senate Bill 785 by Harris. Relating to the termination of the parent/child relationship and the duty to pay child support in circumstances involving mistaken paternity. To Jurisprudence. Senate Bill 786 by Harris. Relating to procedures for establishment, modification, and enforcement of child support obligations. To Jurisprudence. Senate Bill 787 by Harris. Relating to the admissibility of certain hearsay statements of a child in hearings on an application for a protective order. To Jurisprudence. Senate Bill 788 by Harris. Relating to certain statutory references to the Department of Family and Protective Services. To Jurisprudence. Senate Bill 789 by Harris. Relating to the duration of a protective order against family violence. To Jurisprudence. Senate Bill 790 by Harris. Relating to a tenant's failure to pay rent during an appeal of an eviction for nonpayment of rent. To Jurisprudence. Senate Bill 791 by Duncan. Relating to the delivery of proposed state agency rules to the lieutenant governor, a member of the legislature, or a legislative agency. To State Affairs. Senate Bill 792 by Duncan. Relating to the duties of the secretary of state. To State Affairs. Senate Bill 793 by Nelson. Relating to incentives to recruit and retain allied health education program faculty. To Higher Education. Senate Bill 794 by Nelson. Relating to the use of money from the permanent fund for health related programs to provide grants to nursing education programs. To Higher Education. Senate Bill 795 by Nelson. Relating to regulation of nurse aides. To Health and Human Services. Senate Bill 797 by Nelson. Relating to objective assessment processes for acute nursing services and certain other services provided under the Medicaid program. To Health and Human Services. Senate Bill 798 by Nelson. Relating to the amounts of administrative penalties assessed or imposed against certain health facilities. To Health and Human Services. Senate Bill 799 by Nelson. Relating to the definition of first sale for purposes of the taxes imposed on certain liquor. To Business and Commerce. Senate Bill 800 by Duncan. Relating to a workers compensation data collection agent designated by the commissioner of workers compensation. To State Affairs. Senate Bill 801 by Hegar. Relating to the authority of the seawall commission in Matagorda County to build and maintain recreational facilities near the seawall. To Natural Resources. Senate Bill 802 by Hegar. Relating to allowing the Aransas County commissioners court to charge interest on assessments for certain county road improvements. To Transportation and Homeland Security. Senate Bill 803 by Hegar. Relating to venue projects in certain counties. To Economic Development. Senate Bill 804 by Hegar. Relating to the use of revenue from the hotel occupancy tax by certain counties. To Economic Development. Senate Bill 805 by Lucio. Relating to the licensing and regulation of medical laboratory science professionals. To Health and Human Services. Senate Bill 806 by Hinojosa. Relating to considering ownership interests of disabled veterans in determining whether a business is a historically under utilized business for purposes of state contracting. To State Affairs. Senate Bill 807 by Seliger. Relating to the authority of the office of injured employees council under the workers compensation program to obtain grant funding. To State Affairs. Senate Bill 808 by Seliger. Relating to the penalty of and punishment for the offense of breach of computer security. To Criminal Justice. Senate Bill 809 by Seliger. Relating to judicial review in district court of certain workers compensation disputes. To State Affairs. Senate Bill 810 by Hinojosa. Relating to the boundaries of the Ingleside Cove Wildlife Sanctuary. To Agriculture and Rural Affairs. Senate Bill 811 by Zaffirini. Relating to the regulation of the practice of veterinary medicine. To Criminal Justice. Senate Bill 812 by Zaffirini. Relating to the service retirement benefits of certain retirees who resume employment within the Texas municipal retirement system. To State Affairs. Senate Bill 813 by Gallegos. Relating to the creation of the Harris County municipal utility district No. 528. To Intergovernmental Relations. Senate Bill 814 by Davis. Relating to the deposit and use of certain revenue received by the Texas Department of Transportation and metropolitan planning organizations from certain transportation projects or systems. To Transportation and Homeland Security. Senate Bill 815 by Lucio. Relating to the funding of port security, facility projects and port studies/to Transportation and Homeland Security. Senate Bill 816 by Lucio. Relating to the appointment and recommendations of the border trade advisory committee to. International Relations and Trade. Senate Bill 817 by Harris. Relating to the division of community property on dissolution of marriage. To Jurisprudence. Senate Bill 818 by Harris. Relating to certain temporary orders in a suit affecting the parent/ child relationship during a parent's military deployment. To Jurisprudence. Senate Bill 819 by Harris. Relating to family violence and protective orders. To Jurisprudence. Senate Bill 820 by Harris. Relating to a court order for the possession of or access to a child under three years of age. To Jurisprudence. Senate Bill 821 by Watson. Relating to the authority of the Travis county health care district to make capital or financial contributions to charitable organizations. To Health and Human Services. Senate Bill 822 by Watson. Relating to expedited credentialing of certain physicians by managed care plans. To State Affairs. Senate Bill 823 by Carona relating to required instruction regarding mental illness and substance abuse for certain judge or attorneys. To Jurisprudence. Senate Bill 824 by Lucio. Relating to the coordination of rural and small community initiatives. To Agriculture and Rural Affairs. Senate Bill 825 by Lucio. Relating to the provision of affordable housing in rural communities and small municipalities. To Intergovernmental Relations. Senate Bill 826 by Lucio. Relating to the establishment, operation, and funding of certain programs for rural economic development. To Agriculture and Rural Affairs. Senate Bill 827 by Patrick. Relating to the child health plan and medical assistance programs. To Health and Human Services. Senate Bill 828 by Patrick. Relating to the constitutional limit on the rate of growth of appropriations and the use of surplus state revenues. To Finance. Senate Bill 830 by Patrick. Relating to the use of customs brokers to obtain a refund of sales and use taxes and to the retention of the $1 million total revenue exemption for the franchise tax. To Finance. Senate Bill 831 by Rodriguez. Relating to considering ownership interest of certain disabled veterans in determining whether a business is a historically under utilized business for purposes of state contracting. To State Affairs. Senate Bill 832 by Rodriguez. Relating to voter eligibility and registration in El Paso County water improvement district No. 1. To Natural Resources. Senate Bill 833 by Uresti. Relating to the election of the board of directors of the Crockett county water control and improvement district. To Natural Resources. Senate Bill 834 by Deuell. Relating to the update of discounted telecommunication services provided to educational institutions, libraries, hospitals and health centers. To Business and Commerce. Senate Bill 835 by Deuell. Relating to prevention, treatment and management of concussions affecting public and private school stunts participating in Interscholastic athletics. To Education. Senate Bill 836 by Ellis. Relating to the amount of the discount allowed for repayment of sales and use taxes and the allocation of certain revenue from those taxes. To Finance. Senate Bill 837 by Ellis. Relating to certain reimbursements provided for the collection of sales and use taxes. To Finance. Senate Bill 838 by Patrick. Relating to the penalty for driving while intoxicated. To Criminal Justice. Senate Bill 839 by Patrick. Relating to the presence of minors in certain alcoholic beverage establishments. To Criminal Justice. Senate Bill 840 by Patrick. Relating to the issues at a hearing for a person whose driver's license is administratively suspended. To Criminal Justice. Senate Bill 841 by Patrick. Relating to the approximate of and punishment for the offense of breach of computer security. To Criminal Justice. Senate Bill 842 by Patrick. Relating to requiring the use of an ignition interlock device on conviction of certain intoxication offenses. To Criminal Justice. Senate Bill 843 by Patrick. Relating to the prosecution of the offense of failure to identify. To Criminal Justice. Senate Bill 844 by Patrick. Relating to the offense of escape from custody by a person lawfully detained. To Criminal Justice. Senate Bill 845 by Patrick. Relating to the filing of a copy of certain records related to the release of accused persons on personal bond. To Criminal Justice. Senate Bill 845 by Patrick. Relating to the authority of certain hospital districts to contract for the performance of administrative functions and services. To Intergovernmental Relations. Senate Bill 848 by Patrick. Relating to ambulatory surgical centers. To Health and Human Services. Senate Bill 849 by Duncan. Relating to certain election practices and procedures to State Affairs. Senate Bill 850 by Zaffirini. Relating to formula funding for certain semester credit hours earned for dual course credit. To Higher Education. Senate Bill 851 by Zaffirini. Relating to a uniform deadline for student financial assistance for public institutions of higher education other than public junior colleges. To Higher Education. Senate Bill 852 by Ellis and Van de Putte. Relating to health education curriculum and instruction in public schools. To Education. Senate Bill 853 by Watson. Relating to a restriction on permits authorizing direct discharges of waste or pollutants into water. To Nature Resources. Senate Bill 854 by Duncan. Relating to notice provided to affected landowners of applications for transmission line certificates of convenience. To Business and Commerce. Senate Bill 855 by Duncan. Relating to assistance provided by the office of public utility counsel. To Business and Commerce. Senate Bill 856 by Van de Putte. Relating to consent to certain medical treatments by a surrogate decision makers. To Health and Human Services. Senate Bill 857 by Van de Putte. Relating to the authority of a dental hygienist to provide services in certain facilities and schools. To Health and Human Services. Senate Bill 859 by Duncan, et al. Relating to small and large employer health group cooperatives. To State Affairs. Senate Bill 860 by Rodriguez. Relating to the power and authority of the El Paso County Hospital district to ploy physicians, dentists, and other health care providers. To Intergovernmental Relations. Senate Bill 861 by Rodriguez. Relating to the enforcement of building code standards for new residential construction in the unincorporated area of a county. To Intergovernmental Relations. Senate Bill 862 by Rodriguez. Relating to the prosecution of the offense of disorderly conduct involving unreasonable noise. To Criminal Justice. Senate Bill 863 by Rodriguez. Relating to creation of an offense of bullying of a school district employee by a student. To Education. Senate Bill 864 by Rodriguez. Relating to services included in a retail price list provided by a funeral establishment. To Business and Commerce. Senate Bill 865 by Van de Putte. Relating to the payment of state funds directly to an entity that conducts a primary election under contract in certain counties. To State Affairs. Senate Bill 866 by Deuell. Relating to the education of public school students with dyslexia. To Education. Senate Bill 867 by Deuell. Relating to testing accommodations for a person with dyslexia taking a licensing examination. To Government Organization. Senate Bill 868 by Lucio. Relating to severance payments to superintendents of independent school districts. To Education. Senate Bill 869 by Lucio. Relating to the requirement that a member of the board of trustees of an independent school district file a financial disclosure statement. To State Affairs. Senate Bill 870 by Lucio. Relating to notifying parents of changes to school district policy. To Education. Senate Bill 871 by Lucio. Relating to statement of requirement to provide refunds or discounts on excessive or unfairly discriminatory residential property premium rates. To Business and Commerce. Senate Bill 872 by Shapiro. Relating to the study of productivity and cost effectiveness in public education. To Education. Senate Bill 873 by Duncan. Relating to rate and damage schedules governing certain easements or other interests in land of the University of Texas system. To Higher Education. Senate Bill 874 by Fraser. Relating to establishing a separate provider type for prosthetic and orthotic providers under the medical assistance program. To Health and Human Services. Senate Bill 875 by Fraser. Relating to compliance with state and federal environmental permits. To Natural Resources. Senate Bill 876 by Watson. Relating to fee for personal identification certificate for homeless individuals. To Transportation and Homeland Security. Senate Bill 877 by Hinojosa. Relating to a verification of the incarceration of an accused person in a criminal case for the purpose of discharging a surety's liability on a bailbond. To Criminal Justice. Senate Bill 878 by Whitmire. Relating to a defendant's release on personal bond or bailbond. To Criminal Justice. Senate Bill 879 by Whitmire. Relating to a local community supervision and corrections department monitoring certain conditions of bond and the administrative fees associated with certain department services. To Criminal Justice. Senate Bill 880 by Whitmire. Relating to the operation of pretrial intervention and certain other programs by a community supervision and corrections department. To Criminal Justice. Senate Bill 881 by Whitmire. Relating to the liability of a criminal defendant and the defendant sureties on a personal bond or bailbond. To Criminal Justice. Senate Bill 882 by Whitmire. Relating to the filing of a copy of certain records relating to the release of accused persons on personal bond. To Criminal Justice. Senate Bill 883 by Whitmire. Relating to awarding credit to an inmate for certain time between release on and revocation of parole, mandatory supervision or conditional pardon. To Criminal Justice. Senate Bill 884 by Whitmire. Relating to the retention of good conduct time by an inmate whose release on parole or to mandatory supervision is revoked. To Criminal Justice. Senate Bill 885 by Whitmire. Relating to the designation of certain inspector generals of municipalities as peace officers. To Criminal Justice. Senate Bill 886 by Carona. Relating to the execution docket and other records of certain court clerks. To Jurisprudence. Senate Bill 887 by Carona. Relating to the penalty for theft of an automated teller machine or the contents or components of an automated teller machine. To Criminal Justice. Senate Bill 888 by Carona. Relating to the authority of a regional transportation authority to create a local government corporation. To Transportation and Homeland Security. Senate Bill 889 by Carona. Relating to assignment of residents to holders of certain security interests in real property. To Business and Commerce. Senate Bill 890 by Carona. Relating to certain promotional activities for certain alcoholic beverage permit holders. To Business and Commerce. Senate Bill 892 by Carona. Relating to the approval of designs, plans, and specifications of industrialized housing and building. To Business and Commerce. Senate Bill 893 by Whitmire. Relating to motor fuel quality and testing. To Natural Resources. Senate Bill 894 by Duncan, et al. Relating to the employment of physicians to certain hospitals. To State Affairs. Senate Bill 895 by Zaffirini. Relating to the regulation of equine dental care providers. To Agriculture and Rural Affairs. Senate Bill 896 by Estes. Relating to issuance of specialty license plates. To Transportation and Homeland Security. Senate Bill 897 by Hegar. Relating to fishing tournament fraud. To Agriculture and Rural Affairs. Senate Bill 899 by Ogden. Relating to legislature's consent or approval of a settlement of a claim or action against this state. To Finance. Senate Bill 900 by Gallegos. Relating to the Aldine improvement district. To Intergovernmental Relations. Senate Concurrent Resolution 18 by Hegar designating a portion of the city of Gonzales as the official city of Texas history museum district. To Administration. Senate Joint Resolution 27 by Patrick proposing a constitutional amendment concerning the limitation on rate of growth of state appropriations. To Finance.

SENATOR ELTIFE: Members, good afternoon pursuant to a motion previously adopted, the Senate stands adjourned until tomorrow at 11:00 o'clock a.m. (Adjourned.)