Senate Transcript, March 29, 2011

LT. GOVERNOR DEWHURST: The Senate will come to order, and the secretary will call the roll.

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

LT. GOVERNOR DEWHURST: Thank you, Madam Secretary. Members, a quorum is present. Would all those on the floor please rise. And ladies and gentlemen in the gallery please rise for the invocation this morning to be delivered by the Reverend Chris Hignome, St. James Lutheran Church of Ghanato.

PASTOR: Let us pray. Almighty God, I give You thanks for this day and I give You thanks for trusting us to care for our communities in this great state. Many people are represented by the men and women of this assembly: Many lives, many faces, many futures, many hands. I ask that each individual here would embrace and respect that great responsibility entrusted to them. Guide them, may the work that they do be a virtue and justice for all people. Amen.

LT. GOVERNOR DEWHURST: Thank you, Pastor, thank you for being with us. Please be seated, ladies and gentlemen in the gallery, thank you so much. Thank you so much. Members, Senator Whitmire moves to dispense with the reading's of yesterday's journal. Is there objection from any member? Chair hears no objection. So ordered. Members, the Chair laws out Senate Resolution 388 by Senator Deuell. The secretary will read the resolution.

PATSY SPAW: Senate Resolution 388 declaring Tuesday March 29th, 2011, as Hopkins County Day at the State Capitol. By Deuell.

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

SENATOR DEUELL: Thank you, Mr. President, members. It's my honor to welcome a special group of constituents and friends from Hopkins County to celebrate Hopkins County Day at the Capitol. Hopkins County sits northeast of Dallas and is full of beautiful rivers, lakes and a vibrant hardworking group of citizens who take pride in the history of their county. The Texas legislature officially created the county of Hopkins in 1846, but Native Americans had been drawn to the area many years before for its natural springs and lush vegetation. That area now known as Sulfur Springs serves as the county seed of Hopkins and is home to the historical Hopkins County courthouse. Hopkins County was once known as the dairy capital of Texas and today visitors to Sulfur Springs can visit the Southwest Dairy Museum as well as the Hopkins County Museum and Heritage Park. Members, representatives from Hopkins County are joining us in the gallery today, and I'd like invite them to stand as you help me welcome them to the Capitol. Thank you, Mr. President, members. I move adoption of Senate Resolution 388.

LT. GOVERNOR DEWHURST: Thank you, Senator Deuell. Members, you have heard the motion by Senator Deuell. Is there any objection? The Chair hears no objection, and the resolution is adopted. Chair recognizes Senator Estes for purposes of an introduction.

SENATOR ESTES: Thank you, Mr. President and members. Members, I rise today with the distinct privilege and honor of recognizing a distinguished delegation from Wichita County, including my hometown of Wichita Falls. Agriculture, oil and manufacturing drive the county of Wichita County where people rely on a strong worth ethic and personal pride and quality. Wichita County is the home of North Texas State Hospital and the Helen Therapy Center, MHMR, and we're proud of the educational opportunities provided by Mid Western University and Vernon College. We're especially proud that Wichita Falls is the home of Shepherd Air Force Base, and we recognize the important role that these brave men and women in uniform serve in the war against terror and keeping us safe here at home. For many reasons I'm proud to call Wichita Falls my home and the people of Wichita County my friends. Members, please join me, we have guests in the gallery in the northeast corner, please stand. And also I would like to introduce two special guests on the floor today. The mayor of Burke Burnett, the Honorable Carl Law, and the mayor of Wichita Falls, the Honorable Glenn Barham. Members, please help me welcome Wichita County to our State Capitol.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Fraser to introduce the doctor for the day.

SENATOR FRASER: Thank you, Mr. President, members. It's an honor to introduce the physician of the day. Dr. Taub Howell from Fredericksburg. Dr. Howell received the undergraduate degree from Texas A&M and the University of Texas. He also attended medical school at the University of Texas Health Science Center in San Antonio. He's a family physician at Hill Country Urgent Care in Fredericksburg and the VA Memorial Hospital in Careville. Members, please join me in welcoming Dr. Howell to the Texas Senate.

LT. GOVERNOR DEWHURST: Senator Jackson, are you ready? Chair recognizes -- the Chair lays out Senate Resolution No. 560 by Senator Jackson. The secretary will read the resolution.

PATSY SPAW: Senate Resolution No. 560 recognizing the Deer Park Chamber of Commerce for working to promote a business climate that encourages economic growth and development. By Jackson.

LT. GOVERNOR DEWHURST: Thank you, Madam Secretary. Chair recognizes Senator Jackson on the resolution.

SENATOR JACKSON: Thank you, Mr. President. Members, I have some guests I think that will be here on the floor here directly, but I would like to welcome today members from the Deer Park Chamber of Commerce who have traveled here to Austin to represent their businesses and learn more about the legislative process. They have taken time out of their busy schedules to be here today. We -- Deer Park is a well known place. There are many things that have gone on there. It's near the Texas Gulf Coast and is the birthplace of Texas and Texas independence was won on the plains of San Jacinto when General Sam Houston defeated General Santa Anna and the treaty was signed. The Deer Park Chamber is compromised of a vibrant collection of businesses and individuals working hard to improve economic vitality and the quality of life in that area. In addition to their business endeavors, the chamber also leads a lot of civic activities and philanthropic projects to engage the entire Deer Park community. On the floor today we have Tim Cull, who is the president and CEO of the Deer Park Chamber -- there's Tim. Jerry Mouton, the chairman of the board. Next to him Arnold Adair, superintendent of Deer Park Independent School Districts. Chad Burke is president and CEO of the Economic Alliance of Houston Court Region, there's Chad. And Greg Gig, the chief of police for the city of Deer Park. I want to say welcome to all of y'all today, and I know we have more people in the gallery. If I could please get y'all to stand up and be recognized. Members, please help me welcome the Deer Park Chamber people. I'd also like to recognize Representative Wayne Smith who's here that shares Deer Park with me. And, Mr. President, I would move adoption of Senate Resolution 560.

LT. GOVERNOR DEWHURST: Thank you, Senator Jackson. Members, you have heard the motion by Senator Jackson. Is there objection from any member? Chair hears no objection. The resolution is adopted. Senator Williams, are you ready? Chair recognizes Senator Williams for the purpose of an introduction.

SENATOR WILLIAMS: Thank you, Mr. President, members. I would lake to welcome some very special guests. They're constituents of Senator Nichols and I, they're from Montgomery County. The New Danville community. New Danville is a home and community based service provider that's certified with DADS, and they provide day habilitation programs that provide education and training through a variety of activities, some of -- just a few of the activities they're involved in are miniature horse therapy, bee keeping, work readiness and community based instruction. They are a great group of people, they came by to see me earlier. I am going to ask you all that are standing, would you help me give them a warm welcome to the Texas Senate? Thank you.

LT. GOVERNOR DEWHURST: Senator Birdwell, are you ready for your introduction? Chair recognizes Senator Birdwell for the purpose of an introduction.

SENATOR BIRDWELL: Thank you, Mr. President. Members, I rise today to welcome my guests who have traveled to Austin from the great city of Burleson. Burleson is one of the fastest growing cities in the Dallas/Fort Worth metroplex area expanding by almost 60 percent in the last decade. Just six months ago the city of Burleson was recognized as one of the most 100 best cities for young people in America. We have a large group joining us today in the south gallery. I'd like to recognize a few of these folks, especially those that are leading this delegation. Chamber president Dan O'Straun, Chamber chairman Kirk Logan, immediate past president Harry Poole, vice chairwoman Allison Brannon, and city manager Curtis Hawks. Mr. President, I'd also like to add that while 90 percent of Burleson lies in Johnson County, the northern most point of the city is represented by our colleague from Senate District 10, Wendy Davis. I'd like to yield the floor to --

LT. GOVERNOR DEWHURST: Absolutely. Chair recognizes Senator Davis.

SENATOR DAVIS: Thank you, Mr. Chair. And thank you so much, Senator Birdwell, for introducing our group from Burleson today. Senator Birdwell and I have the distinct honor of representing Burleson, I have the Tarrant County piece and Senator Birdwell has the Johnson County piece and it really is a community that defines community. We've had a number of parades there since I've had the privilege of serving in the Senate office, and you're doing remarkable things. And I want to congratulate you for being here in the Senate with us today and ask you to please keep up the good work.

LT. GOVERNOR DEWHURST: Senator Hegar, are you ready? Chair recognizes Senator Hegar for an introduction.

SENATOR HEGAR: Thank you, Mr. President. Members, please join me in recognizing a wonderful group of individuals we have here today for Goliad County Day. Goliad County is a beautiful historical area where the first Declaration of Texas Independence was signed. Furthermore, Goliad County is full of fine leaders, some of who are here with us today. County commissioner Ted Long, county commissioner Alonso Morales, Chair Kirby Brumby, city councilman Ed Carter and county treasurer Daphine (inaudible). We have several other members from Goliad County here with us today, and I would ask that they please stand and let us recognize you for Goliad County day. Thank you.

LT. GOVERNOR DEWHURST: Thank y'all for being here. Chair recognizes Senator Hinojosa for the purpose of a motion.

SENATOR HINOJOSA: Thank you, Mr. President, members. I'd like to -- Mr. President, members, I move to suspend Rule 3.04 to allow members of the Texas Capitol Vietnam War monument committee to display a model of the proposed monument for state -- Senate Resolution 649.

LT. GOVERNOR DEWHURST: Thank you, Senator Hinojosa. Members, you have heard the motion by Senator Hinojosa. Is there objection from any member? The Chair hears no objection, and the motion is adopted. Chair lays out Senate Resolution No. 648 by Senator Van de Putte and Chair lays out Senate Resolution No. 649 by Senator Hinojosa, Senator Van de Putte, Senator Uresti and Senator Davis.

PATSY SPAW: Senate Resolution 648 paying tribute to the veterans of our nation's Armed Forces who served during the Vietnam war on the occasion of Vietnam Veteran's Day March 29th, 2011, by Van de Putte. Senate Resolution 649 declaring Tuesday, March 29th, 2011, as Vietnam Veterans Day by Hinojosa, et al.

LT. GOVERNOR DEWHURST: I'm going to recognize first Senator Van de Putte, then Senator Hinojosa. Chair recognizes Senator Van de Putte to explain the resolution.

SENATOR VAN DE PUTTE: Thank you, Mr. President. Mr. President and members, today is a very important day. Last session the Texas Legislature passed a bill carried by our colleague, Senator Hinojosa, that established March the 29th as Vietnam Veterans Day. In order to honor the men and the women who serving in the Vietnam War on behalf of this nation and Senator Hinojosa's bill stipulated that we recognize Vietnam Veterans Day by regularly observing appropriate ceremonies. And so today we bring to you Senate Resolution 648 which embodies the work that Senator Hinojosa would have us do on Vietnam Veterans Day. You know, it begs the question, just what is the appropriate level for recognition for those men and women who have served in the United States Armed Services during the Vietnam War. And members, there are some of us on this floor who remember firsthand the difficulties that accompany this conflict. There was social upheaval, the lack of support here at home and at times the length and ferocity of the war that claimed over 58,000 American lives including 3,400 Texans. And for those who paid the ultimate sacrifice with their lives, I offer that there's probably not a ceremony that we could have that would say thank you enough to their family members. I mean, if we could, we would find each family and say thank you. And what is my sincere hope by this resolution, here today, is as close as we can get to offering our eternal gratitude to those who died in our collective name so far away from our beloved home. Members, the Vietnam War was the last war in which there was a draft used by the United States to raise -- make sure we had enough men for our military service, and as a result of that, it brought all walks of life into the military service. By the war's end there were over 2.2 million conscripted men that served in Vietnam. And in my district, the Edgewood Independent School District holds the distinction of having 64 men who attended one of its three high schools were killed in Vietnam. And in Edgewood High School the class of 1967 alone saw ten men die in Vietnam and it was a war that struck at our community, a long war that saw valiant service and tremendous sacrifice. On this day, Vietnam Veterans Day, I humbly request that we as a state keep in mind that of the sacrifices those 58,220 service members and their families, those that were killed, the 303,635 that were wounded and the 1,698 that were classified as missing in action that we think about them throughout this day and as we go about our job as being legislators, made possible only by the selflessness of so many Americans. Today, we have with us a wonderful group, and in the gallery we have many of our Vietnam veterans who are proudly wearing the yellow ribbons with the Texas flag to serve as a reminder. And I want to take this opportunity to recall the memory of a man who is not here today but we hope he would have been. This is in memory of Major General Homer D. Smith, Jr., a San Antonio man who passed away just this March at the age of 89. He served in the U.S. Army for 36 years and served in Saigon in a defense attache capacity that saw him oversee the evacuation of orphans and of Vietnamese nationals in North Vietnamese (sic) as they closed in on Saigon. And I speak for everyone here, for those of us who knew Homer, that knew General Smith, he was one of those last men out. And I assure you that the burden of protecting the men and women was utmost in his mind. I would like to recognize the people that we have in the Senate today, particularly on the floor. I'm proud to have Major General Patrick Brady, United States Army. Major General Patrick Brady is one of six Vietnam veterans who received the medal of honor and he lives right here in Texas. General Brady spent over 34 years in the U.S. Army and while in Vietnam awarded the medal of honor for a series of rescues in which he used three helicopters to rescue over 60 wounded. And at the end of the day his aircraft had over 400 bullet holes from the enemy fire. In the two tours in Vietnam, he flew over 2500 combat missions and rescued over 5,000 wounded. General Brady is the only living Army veteran of Vietnam to hold both the medal of honor and the distinguished service cross. Our nation's second highest award. General Brady, it is our distinct honor and privilege to have you here today. Mr. President and members, Sergeant Ken Wallingford arrived in country in 1970 and was assigned to the 25th Infantry Division where he served as a sniper. And on April 5th, 1972, his unit came under massive mortar and artillery fire. The North Vietnamese Army launched an attack on Luckmine (phonetic) and on day two of the fighting, after having been severely wounded by shrapnel, Sergeant Wallingford was taken prisoner and marched to Cambodia. Sergeant Wallingford would be held in a five by six foot tiger cage in solitary confinement for ten months. And finally on Valentine's Day 1973, Sergeant Wallingford came home. That June he was discharged from the Army having been awarded the silver star, the bronze star, the purple heart with oakleaf cluster, among many other distinctions. Ken Wallingford is also very proudly an employee of the state of Texas and is currently the veteran liaison at the Texas Veterans Land Board and is the right hand of our Land Commissioner Jerry Patterson. Please welcome to the Senate floor our POW Ken Wallingford. Mr. President and members, America still mourns her 1,068 -- 698 missing in action service members. And Colonel Ferrell Sullivan is represented here today by his wife Ms. Sue Sullivan. His son Michael Sullivan is in the gallery. Colonel Sullivan made the ultimate sacrifice for his country when his F4 fighter jet was shot down by hostile enemy fire over North Vietnam on June the 27th, 1972. And for 11 years -- for 11 years the missing table setting was set at the Sullivan home and in many places around this state. His body was returned home 11 years later and Colonel Sullivan's service and the example it set forth will never be forgotten. Ms. Sullivan, we thank you for coming here today to represent the man whose devotion to his country made this country what it is today and for all our missing in action. Members, Ms. Sue Sullivan. And members, we must not forget the role that our women played in Vietnam. Major Mary Parish joined the Air Force in September 1966 and was stationed at Comron Bay (phonetic) Vietnam as a nurse in February of 1968. She was there until February of '69. Attending medically to the casualties that came to the hospital. You know, it's not always been very well publicized that women were in combat zones in Vietnam. But between 1962 and '73, women served on active duty in Vietnam. Our VA puts the numbers even higher, at about 11,000. And independent surveys estimate that the number of women, both civilian and military, working in Vietnam during the war is somewhere between 33 and 55,000. Major Parish represents here today the need for all to recognize the contributions of female veterans in the Vietnam War effort in addition to showing more support for our female veterans. Major Parish, thank you for being here today and serving as a reminder of the brave women who served in Vietnam. Mr. President and members, I am so honored to have these heroes on the floor today, and I know at this time I will yield to Senator Hinojosa for the wonderful recognition of the monument and our brave house members who join us here today.

LT. GOVERNOR DEWHURST: Thank you, Senator Van de Putte. The Chair recognizes Senator Hinojosa on the resolutions.

SENATOR HINOJOSA: Thank you, Mr. President and members. I too rise to support Senator Van de Putte's resolution and have an honor especially for Vietnam veterans. I will tell you as many times as we fight wars we forget that we have our friends, our neighbors, our sons and daughters, fathers and mothers fighting for our freedom, fighting for our country and fighting for a way of life. And throughout history Americans have not hesitated to fight for what we believe in, to fight for our freedom. But Vietnam was something a little bit different. A different war. In Vietnam it was a very controversial war. It tore our country apart. So many of us who came back from Vietnam really felt unwelcomed, unappreciated for our valor and courage fighting for our belief and a way of life. I will tell you that in Vietnam we lost a lot of the good soldiers, we lost over 58,000 American soldiers. We still have 2500 soldiers not accounted for, missing in action. And it's very painful when I think back about the war. I lost three of my high school friends, Walter Langford, (inaudible) Martinez and Edward (inaudible). We also lost Freddy Gonzales in November, a medal of honor recipient. He was killed in Hawaii. As we looked at ways to recognize the valor and the courage of Vietnam soldiers, it's important that we not forget those who died for us and those who sacrificed for us. And to me, many times, in that era in our country, our citizens confuse a controversial war with the valor, the unstained valor and commitment and encourage of our American soldiers who fought in Vietnam. And for us it's all important to remember because if we remember our soldiers, that means they never die. They're here with us in spirit, they're here with us every day as we go about our life. And this monument was authorized by us to be placed in the Capitol grounds to honor not only the dead but those who came back and for us to learn a lesson that our soldiers need support from our families, need support from our communities, need support from our government. Because not all of us have the honor to serve our military and know soldiers from all over the country or walks of life. Whether you're from New York, the projects, from west Texas, from the valley, or Seattle or Chicago, we're all Americans. Fighting for our freedom, fighting for our country. And as we know, we're at war again in Afghanistan and Iraq. So it's important for us to always remember, to always not forget our soldiers in past wars, whether it's Vietnam, World War II, World War I, Korean War and the commitment that we have to our country and to our freedom and -- in the front of the Senate floor you will see the monument, a replica of the monument that will be placed on the Capitol grounds. And we have with us Robert Floyd, chairman of the board of directors, Robert. We have Duke Sandid who is the monument artist, Duke. We have Terri Burkett, chairman of the Veterans Outreach Committee, Terry. We also have with us members who served in the Armed Forces in Vietnam. We have Representative Burman, we have Representative Farias, we have Representative Flynn, we have Representative (inaudible), we have Representative Smith, and Representative Madden. And I also want to thank Representative Wayne Smith for his effort as a cochair of the monument committee to raise funds to construct and finish this monument to honor our Vietnam veterans. And, again, I want to thank y'all for your support, my friends, Semper Fi. May God bless America.

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

SENATOR LUCIO: Thank you, Mr. President and members. I want to thank Senator Van de Putte for this most important resolution. Members, I want to join you, all of you in our solemn celebration today as we remember those who served in Vietnam. There are many of our country who didn't in my era either because of a disability or because some of us were teachers and there was a tremendous shortage of teachers at the time but we hold true to the love of country, we preach Americanism and patriotness to our children and grandchildren every day of our lives. In particular, today, though, I want to introduce to you a very great man that is with us today. Mr. Bob Pinkerton who is seated at the Senate gallery. Bob served as a corporal in Vietnam and was rewarded for his heroism with the silver star medal. During a vicious battle, Corporal Pinkerton demonstrated courage under fire while assuming of his unit and guiding his troops to safety. His courage and his ability to think and lead under immense pressure led to the saving of American lives, and he was honored for conspicuous gallantry, upholding the highest tradition of the Marine Corps. He was later wounded in combat in Vietnam, but that was not where his service to his fellow man ended for this great public servant. He is now the mayor of South Padre Island in my district. In fact, he has served the city of South Padre Island in one capacity or another since 1982. Mayor Pinkerton, we are honored to have you with us today and thank you for your service to our great country. Please stand and be recognized. Ladies and gentleman, Mayor Bob Pinkerton.

LT. GOVERNOR DEWHURST: The Chair recognizes Senator Uresti to speak on the resolutions.

SENATOR URESTI: Thank you, Mr. President, members. Good morning. And Senator Van de Putte, thank you for bringing this resolution. As you can see in the gallery, members, we are surrounded by veterans and I have never felt more secure. Mr. President, members, I too rise in honor to have the brave Americans who served our nation in Vietnam. The cost was high, more than 58,000 Americans died in Vietnam and more than 300,000 were wounded. In this and in all other wars, our soldiers, our Marines, pilots and sailors, distinguish themselves in battle in the air and on the sea. They gave their bodies, their liberty and sometimes their lives in the defense of others. In the history of U.S. conflicts Vietnam still stands out for its length, its purpose and its effect on American culture. And whatever place it may take in our history, one thing is certain, the bravery, courage, and sacrifice of those who fought there and let's not forget the sacrifices that their families made as well. As a Marine and the father of a young Marine, it's my great privilege to take part in honoring our Vietnam veterans. As a young Marine, I had the privilege of training with the late great Congressman Frank Behetha, I was a private first class and he was a lieutenant for three com battalion. Members, many of you may remember Frank Behetha, he served here in the Senate. And in your desk you will find a Bible. You should find a Bible. In my Bible, every Bible is assigned to the district that you represent. And my Bible is signed by the late great Frank Behetha who served District 19. A great man and also one of the youngest sergeants to serve in Vietnam. To my comrade Senator Hinojosa, Senator Ogden, Colonel Birdwell, Senator Wentworth, Lieutenant Governor Dewhurst and my House colleagues and the rest of the veterans that are here in person and in spirit, I want to thank you for your service to our country and Semper Fi.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Ogden to speak on the resolutions, and then I'll go to Senator Van de Putte to close.

SENATOR OGDEN: Senator Van de Putte, thank you for this resolution and drawing the Senate's attention to this most important event in our country's history. And I want to thank the veterans and family members of veterans who took time out of their day to come here and remind us of what a noble thing it was that you did. I was thinking about the words of Abraham Lincoln. To paraphrase what he said at Gettysburg. He said, You know, nobody's going to read back what we say here, but the brave men and women living and dead who served here, their deeds will be remembered. And I was also thinking about the lessons that we larned in Vietnam. And what Senator Hinojosa said about the impact that it had on our country as many of us came of age. And one of the repercussions of that is twofold, I think. We've seen it in Iraq and we've seen it in Afghanistan and there's been a determination by this country as a result of the surface and the sacrifice and to a certain extent the abuse that Vietnam veterans endured, to never make that mistake again. And I've been proud of our country in our recent history in Afghanistan and Iraq. Those in the military and those not in the military and its determination to honor our current veterans because of the experience they had or have heard about of our Vietnam veterans. I think it's still most fitting today to say one more time, thank you. Thank you for what you did for all of us. Your service was noble, your sacrifice was heroic and it made a big difference in our country even today. So I am -- thank you and I am -- honor your service today and may God bless you and may God bless the United States of America.

LT. GOVERNOR DEWHURST: We agree. Chair recognizes Senator Van de Putte to close and then Senator Hinojosa.

SENATOR VAN DE PUTTE: Thank you, Mr. President and members. It is an honor for us to say thank you, and there are many organizations and many veterans who are represented here today. I want to acknowledge representing our adajent general, the commander of the Texas Army National Guard Brigadier General Joyce Stevens who is here with us today representing General Nichols and that there are many in the gallery as well. We have people from the Paralyzed Veterans of America. And if you will please stand as I call out your organization. Members, you have to see this coalition. The Paralyzed Veterans of America, the Disabled Veterans American Veterans, the National Association of Uniform Services, the Military Officers Association of America, the Reserve Officer Association, Catholic War Veterans, the Texas Association of Vietnam Veterans and Vietnam Veterans of America. A wonderful group with Stephanie Molds and several female Vietnam veterans called Grace after Fire. The Texas Capitol Vietnam War monument committee, many of our members are here, the chairs are here. But there are other monument members of that committee up with us today. Mr. John Materko with the Texas Coalition of Veteran Organizations, the Military Order of the Purple Heart. And gentlemen and ladies, Our Purple Heart, will you please rise, who are with us in the gallery today. Also here representing, I have a San Antonio Coalition of Veterans which Senator Uresti helped form and is a very strong organization in our hometown. The Department of the Texas American Legion and the Veterans of Foreign War. Representing our Texas military forces Command Sergeant Major Jim Broiles. And we have state employees here from the Department of Transportation, Robert Crocker from the Texas Department of Agriculture, from the Texas Commission on Environmental Quality Jim Hay, George Patterson, Robert Oregon and Wayne Woodard. And a special recognition for those folks that are here from the Texas Veterans Commission. We have Mr. Rufus Colburn who is here with us and Colonel, Air Force retired, he is the veteran education manager at TVC, served 27 years as an officer and a fighter pilot in Vietnam and in Thailand. He was awarded the distinguished flying cross, the bronze star and several others. We have with us also from the Veterans Commission Winston Cubbard, who is with the TVC at the Frank Behetha Veterans Clinic. He was first deployed in 1969 and served with the 8th Airborne battalion Army of Republic of Vietnam. He distinguished himself as one of the most intense and deadly assaults on the Vietnam War, he was part of that. Winston Cubbard bravely endured enemy fire and helped in the first aid and to evacuate his deputy, who was severely wounded. He is also a recipient of the distinguished service cross, the silver star, three bronze stars, the air assault badge, the combat infantry badge and the Army commendation medal with the (inaudible). With us also is Lieutenant Colonel Retired Joe Daugherty who is the prime person in the state of Texas for the Disabled Veterans Outreach Program. Lieutenant Colonel served for 26 years in the Army and his assignments in Vietnam varied from the 101 Airborne to the 12th Special Forces. And Craig Hardwick who is a platoon sergeant and platoon leader. He is also one of our strongest members of the TVC team having been a representative for claims, served with Company Seed First Battalion 8th Infantry and the 4th Infantry in 1968 and '69. As an infantryman, he served in more fire fights than I think he can qualify and he was awarded many of the commendation medals with here. We would also very much like to thank members from the American GI Forum, the Military Officers of America and Hope for Heroes, which is the organization that particularly helps with our wounded and our warriors in transition who are still fighting those battles. Members, let us not forget that the Vietnam War had a great impact on all of us and our country as a whole. And if we can just remember this one day and remember the sacrifices and what happened during the Vietnam War, it is definitely that we will never allow another generation of veterans to be treated so poorly and that our goal in the state of Texas, as said by our lieutenant governor and presiding officer, is that we want Texas to be the best state for active duty military and their families and that we want Texas to remain the number one state for veterans and their families. Thank you, members. I move passage of Senate Resolution 648.

LT. GOVERNOR DEWHURST: Members, you heard the motion by Senator Van de Putte. Is there objection from any member? The Chair hears no objection from any member, and the resolutions are adopted. Members, the Senate the will stand at ease for just a couple of minutes. (At ease.)

LT. GOVERNOR DEWHURST: Senator Deuell, are you ready to give notice on your -- the Chair recognizes Senator Deuell to give 24 hour notice on nominations.

SENATOR DEUELL: Sorry, Mr. President, I was occupied. Thank you, Mr. President, member. I'll move to confirm the nominees action report placed on your desks. These nominees were taken up and confirmed on the March 28th meeting.

LT. GOVERNOR DEWHURST: Members, I'm going to ask your indulgence and ask you to stay on the floor, if you would. We have got a very important resolution which will come up in just a moment, but I think the timing is awkward. Let's wait a few minutes while one of our friends is taken care of upstairs. In the meantime, I'm going to clear the presence. The morning call is over. I'd like to come back to the resolution in just a couple of minutes. Go ahead and take advantage of the time to start hearing some bills. All right? So the morning call is completed. Senator Estes? Senator Estes on the floor. Okay. Senator Seliger. Fine. Senator Seliger, are you -- Senator Harris, I'm going to go to you and go ahead and acknowledge -- the Chair recognizes Senator Harris for an introduction.

SENATOR HARRIS: Thank you, Mr. President. Members, here with us today in the gallery are some exceptional students from Harmony Science Academy in Grand Prairie. Would you all please stand up? Now, Harmony -- among us here today we have students in biochemistry scholar, science Olympiad champions and these are the type of campuses that are going to help us train our students to enter the next decade. I'll pass the mike to Senator West.

LT. GOVERNOR DEWHURST: Chair recognizes Senator West for an introduction.

SENATOR WEST: Thank you very much, Mr. President and members. And I too would like to have students and the principal and teachers from Harmony here in the south gallery to stand up also. These are students from Harmony School of Natural and Athletics. They are joined by their principal Mr. Yazi and the assistant principal Stacy Rimer. This high school of nature and athletics is a K through 8th public school charter emphasizing science, mathematics and catering to students especially interested in athletics, environmental sciences. Mr. President, members, I'd like for us to welcome the Harmony School from the great city of Dallas serving the metroplex.

LT. GOVERNOR DEWHURST: Thank y'all for being here. Chair recognizes Senator Estes for a motion to suspend the Senate's regular order of business to take up and consider Senate Bill 691.

SENATOR ESTES: Thank you, Mr. President. I move to suspend the constitutional order of business -- the Senate's regular order of business to take up and consider at this time Senate Bill 691. Members, this bill would amend the Texas water code to clarify that the groundwater conservation district may not require any permit issued by a district for three different reasons. One, a well used solely for domestic use or water provided for livestock or poultry if the well is; No. 2, located on a tract of land larger than 10 acres; and No. 3, either drilled, completed or equipped so that it is incapable of producing more than 25,000 gallons of groundwater a day. Specifically Senate Bill 691 clarifies that all three factors must be met in order for that well to be exempt from permitting. So this bill provides clarification of the legislative intent and protects the current agriculture exemption from manipulation and misuse. Mr. President, I move to suspend.

LT. GOVERNOR DEWHURST: Thank you, Senator Estes. Members, you've heard the motion by Senator Estes. Is there objection from any member? Chair hears no objection from any member, and the rule is suspended. Chair lays out on second reading Senate Bill 691. The secretary will read the caption.

PATSY SPAW: Senate Bill 691 relating to exemptions permitting by groundwater conservation districts for certain water wells use for domestic, livestock and poultry purposes.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Estes for a motion.

SENATOR ESTES: Mr. President, I move passage to engrossment.

LT. GOVERNOR DEWHURST: Thank you, Senator Estes. Members, you've heard the motion by Senator Estes. Is there objection from any member? Chair hears no objection, and Senate Bill 61 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: So moved, Mr. President.

LT. GOVERNOR DEWHURST: Members, you've heard the motion by Senator Estes. Secretary will call the roll.

LT. GOVERNOR DEWHURST: There being 30 ayes and one nay, the rule is suspended. Chair lays out on third reading and final passage Senate Bill 691. The secretary will read the caption.

PATSY SPAW: Senate Bill 691 relating to the permission of exempting by groundwater conservation districts for certain --

LT. GOVERNOR DEWHURST: Chair recognizes Senator Estes for a motion.

SENATOR ESTES: Thank you, Mr. President. I move final passage of Senate Bill 691.

LT. GOVERNOR DEWHURST: Thank you, Senator. Members, you've heard the motion by Senator Estes. Secretary will call the roll.

LT. GOVERNOR DEWHURST: There being 31 ayes and no nays, Senate Bill 691 is finally passed.

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

LT. GOVERNOR DEWHURST: Thank you. Thank you, Senator Estes. Members, I'm going to ask if you would to please take your seats. The Chair lays out Senate Resolution 652 by Senator Hinojosa. The secretary will read resolution.

PATSY SPAW: Senate Resolution 652 in memory of Private First Class Colton Wesley Rusk of Orange Grove who died in Afghanistan on December 6th, 2010, at the age of 20.

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

SENATOR HINOJOSA: Thank you, Mr. President and members. Again, we had another of our American soldiers killed in combat in Afghanistan. And today we honor Private First Class Colton Wesley Rusk of Orange Grove, Texas. He died in Afghanistan in service to his country at the young age of 20 years old. He was born September 23rd, 1990, in Corpus Christi. He graduated from Orange Grove High School, he was active in sports, was named senior class favorite, prom king and Mr. Orange Grove. He was well liked, and he was an avid outdoors man who was very active in his youth. In June 2008 for his senior year Colton fulfilled his dream of becoming a Marine by enlisting in the Corps' delayed entry program. A year later he received his high school diploma and embarked for basic training at the Marine Corps depot in San Diego, California. Private First Class Rusk was deployed to Afghanistan on his 20th birthday September 23rd, 2010, to serve his country courageously as a member of the 3rd Battalion 5th Regiment, 1st Division. He received the purple heart, the combat action ribbon, the national defense service medal, the global war on terrorism medal and the Afghanistan campaign medal. Wesley was elected to train as a dog handler on the improvised explosive device detection team. He shared a special bond with Eli, the black Labrador retriever that accompanied him to Afghanistan. Eli now lives with the Rusk family in Orange Grove. And now, there's a proposed Colton Rusk Memorial Park in Orange Grove to be a multi used green space in Orange Grove in memory of Private First Class Colton Wesley Rusk. And again, you know, we have a military who was at war and this young men and women who volunteer to defend our country at such a young age. When I was in the Vietnam Marine Corps in Vietnam, we had 17-year-old Marines fighting in Vietnam and it's the youth who are willing to take up arms to fight for us. But we must not forget the families, the moms and dads, the brothers and sisters who stay home because they also sacrifice when they see their family members gone away overseas to defend against terrorism. On the Senate floor we have Colton's parents Darryl and Casey Rusk, we also have Colton's brothers Cody and Casey Rusk. Up in the gallery we have the extended family seated on the west side of the gallery. Please help me with our heavy heart thank this family for the service, for the sacrifice and honor Private First Class Colton Wesley Rusk for his courage and valor in defending our country. Thank you.

LT. GOVERNOR DEWHURST: Members, you have heard the motion by Senator Hinojosa. Would all those in favor of this resolution please rise? It being unanimous, the resolution is adopted. Senator Seliger, are you ready on 727?

SENATOR SELIGER: I am, Mr. President.

LT. GOVERNOR DEWHURST: Thank you. Chair recognizes Senator Seliger for a motion to suspend the Senate's regular order of business to take up and consider Committee Substitute to Senate Bill 727.

SENATOR SELIGER: Thank you, Mr. President. I move to suspend the order of business to take up and consider the Committee Substitute to Senate Bill 727 which relates to groundwater conservation district and the bill provides uniformity to the references of a groundwater conservation district's management plan which includes the goal such as providing the most sufficient use of groundwater, controlling and preventing waste and subsidence in addressing natural resource drought conditions. The bill is actually a cleanup bill and changes all reference to management plan to achieve the best available situation of groundwater management resources, both current law and in the future. I move suspension.

LT. GOVERNOR DEWHURST: Thank you, Senator Seliger. Members, you've heard the motion by Senator Seliger. Is there objection from any member? The Chair hears no objection from any member, and the result is suspended. Chair lays out Committee Substitute in Senate Bill 727 on second reading. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 727 relating to groundwater conservation district management plan.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Seliger for a motion.

SENATOR SELIGER: Thank you, Mr. President. I move passage to engrossment of Committee Substitute to Senate Bill 727.

LT. GOVERNOR DEWHURST: Thank you, Senator. Members, you have heard the motion by Senator Seliger. Is there objection from any member? Chair hears no objection from any member, and Committee Substitute to Senate Bill 727 passes to engrossment. Chair recognizes Senator Seliger for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR SELIGER: Mr. President, I suspend the constitutional rules that bills be heard on three several days.

LT. GOVERNOR DEWHURST: Thank you, Senator. Members, you've heard the motion by Senator Seliger. The secretary will call the roll.

LT. GOVERNOR DEWHURST: There being 30 ayes and one nay, the rule is suspended. Chair lays out on third reading and final passage Committee Substitute to Senate Bill 727. The secretary will read the passage.

PATSY SPAW: Committee Substitute to Senate Bill 727 relating to groundwater conservation district management plans.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Seliger for a motion.

SENATOR SELIGER: Thank you, Mr. President. I move final passage of Committee Substitute to Senate Bill 727.

LT. GOVERNOR DEWHURST: Thank you. Members, you've heard the motion by Senator Seliger. The secretary will call the roll.

LT. GOVERNOR DEWHURST: There being 31 ayes and no nays, Committee Substitute to Senate Bill 727 is finally passed.

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

LT. GOVERNOR DEWHURST: Chair recognizes Senator Watson for a motion to suspend the Senate's regular order of business to take up and consider Senate Bill 876.

SENATOR WATSON: Thank you, Mr. President. Members, I move to suspend the Senate's regular order business to take up and consider at this time Senate Bill 876. Senate Bill 876 would amend the Texas transportation code to provide a fee waiver for the cost of obtaining a Texas photo identification thereby marking the elimination of a powerful obstacle to those experiencing homelessness and poverty in Texas. Mr. President, I move suspension of the rules.

LT. GOVERNOR DEWHURST: Thank you, Senator Watson. Members, you have heard the motion by Senator Watson. Is there objection from any member? Chair hears no objection from any member, and the rule is suspended. Chair lays out on second reading Senate Bill 876. The secretary will read the caption.

PATSY SPAW: Senate Bill 876 relating to fee for a personal identification certificate for a homeless individual.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Watson for a motion.

SENATOR WATSON: Mr. President, I move passage to engrossment of Senate Bill 876.

LT. GOVERNOR DEWHURST: Members, you have heard the motion by Senator Watson. Is there objection from any member? Chair hears no objection from any member, and Senate Bill 876 passes to engrossment. Chair recognizes Senator Watson for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR WATSON: So moved, Mr. President.

LT. GOVERNOR DEWHURST: Members, you've heard the motion by Senator Watson. The secretary will call the roll.

LT. GOVERNOR DEWHURST: There being 28 ayes and three nays, the rule is suspended. The Chair lays out on third reading and final passage Senate Bill 876. The secretary will read the caption.

PATSY SPAW: Senate Bill 876 relating to personal identification certificate for a homeless individual.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Watson for a motion.

SENATOR WATSON: Mr. President, I move final passage of Senate Bill 876.

LT. GOVERNOR DEWHURST: Thank you, Senator. Members, you have heard the motion by Senator Watson. The secretary will call the roll.

LT. GOVERNOR DEWHURST: There being 28 ayes and three nays, Senate Bill 876 is finally passed.

SENATOR WATSON: Thank you very much, Mr. President. And thank you, members.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Nichols for a motion to suspend the Senate's regular order of business to take up Committee Substitute to Senate Bill 19.

SENATOR NICHOLS: Thank you, Mr. President. I move to suspend the Senate's regular order of business to take up and consider Committee Substitute to Senate Bill 19. Under current law TxDOT and local entities use a marked evaluation process to determine which entity shall develop toll projects. This process is set to expire on August 31, 2011. Once this process expires, Texas will not have a process and statute determining which total entity will build future toll roads. This bill establishes a local metropolitan planning organization, it is the entity that will determine if a new project can or cannot be tolled. It creates a first of refusal or promisee for local toll entities to build future toll projects. It establishes a streamline process for future development projects that will ensure TxDOT and its local tolling entity partners work within an established process with timelines and procedures for efficient project delivery. also allows tolling entities to complete environmental and other preproject development work quicker with the goal of expediting (inaudible) determination process. Committee Substitute for Senate Bill 19 will also save taxpayer resources by requiring the sharing of project related information. I have worked with TxDOT and tolling entities across the state for several years on this bill and believe we have a good process laid out which will bring stability and certainty to the project delivery process. With that, Mr. President, I move suspension of the Senate's regular order of business.

LT. GOVERNOR DEWHURST: Thank you, Senator Nichols. Members, you've heard the motion by Senator Nichols. Is there objection from any member? Chair hears no objection, the rule is suspended. Chair --

SENATOR NICHOLS: Mr. President --

LT. GOVERNOR DEWHURST: Sir? Chair lays out on second reading Committee Substitute to Senate Bill 19. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 19 relating to the development, financing, construction and operation of certain toll projects.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Nichols for a motion.

SENATOR NICHOLS: Thank you, Mr. President. Mr. President and members, I move page of Committee Substitute to Senate Bill 19 to engrossment.

LT. GOVERNOR DEWHURST: Thank you, Senator Nichols. Members, you have heard the motion by Senator Nichols. Is there objection from any member? Chair hears no objection from any member, and Committee Substitute to Senate Bill 19 passes to engrossment. Chair recognizes Senator Nichols for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR NICHOLS: Mr. President, I move to suspend the constitutional rule that bills be read on three several days.

LT. GOVERNOR DEWHURST: Thank you, Senator. Members, you've heard the motion by Senator Nichols. The secretary will call the roll.

LT. GOVERNOR DEWHURST: There being 30 ayes and one nay, the rule is suspended. Chair lays out on third reading and final passage Committee Substitute to Senate Bill 19. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 19 relating to the development, financing, construction and operation of certain toll projects.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Nichols for a motion.

SENATOR NICHOLS: Mr. President and members, I move final passage.

LT. GOVERNOR DEWHURST: Thank you, Senator Nichols. Members, you have heard the motion by Senator Nichols. The secretary will call the roll.

LT. GOVERNOR DEWHURST: There being 31 ayes and no nays, a Committee Substitute to Senate Bill is finally passed. Thank you.

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

LT. GOVERNOR DEWHURST: Senator Carona, are you ready on 888? The Chair recognizes Senator Carona for a motion to suspend the Senate's regular order of business to take up and consider Senate Bill 888.

SENATOR CARONA: Thank you, Mr. President and members. Under current law local governmental entities such as cities, counties, hospital districts, and hospital authorities are authorized to form local government corporations to accomplish any governmental purpose. However, regional transportation authorities created under chapter 452 such as DART and the T currently do not have this authority. The purpose of this bill would be to provide this tool so that regional transportation authorities could use such. I move to suspend the Senate's regular order of business.

LT. GOVERNOR DEWHURST: Thank you, Senator a Carona. Members, Senator Carona moves to suspend the Senate's regular order of business at this time. Is there objection from any member? Chair hears no objection from any member, and the rule is suspended. Chair lays out on second reading Senate Bill 888. The secretary will read the caption.

PATSY SPAW: Senate Bill 888 relating to the authority of a regional transportation authority to create a local government corporation.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Carona for a motion.

SENATOR CARONA: I move passage to engrossment.

LT. GOVERNOR DEWHURST: Thank you, Senator. Members, you have heard the motion by Senator Carona. Is there objection from any member? Chair hears no objection from any member, and Senate Bill 888 passes to engrossment. Chair recognizes Senator Carona for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR CARONA: So moved.

LT. GOVERNOR DEWHURST: Members, you've heard the motion by the Senator. The secretary will call the roll.

LT. GOVERNOR DEWHURST: There being 30 ayes and one nay, the rule is suspended. Chair lays out on third reading and final passage Senate Bill 888. The secretary will read the caption.

PATSY SPAW: Senate Bill 888 relating to the authority of a regional transportation authority to create a local government corporation.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Carona for a motion.

SENATOR CARONA: I move final passage, Mr. President.

LT. GOVERNOR DEWHURST: Thank you, Senator Carona. Members, you have heard the motion by Senator Carona. The secretary will call the roll.

LT. GOVERNOR DEWHURST: There being 31 ayes and no nays, Senate Bill 888 is finally passed. Thank you.

SENATOR OGDEN: Senator Williams is recognized for a motion to suspend the regular order of business on Senate Bill 1007.

SENATOR WILLIAMS: Thank you, Mr. President. I move to suspend the Senate's regular order of business in order to take up and consider Senate Bill 1007 relating to comprehensive development agreements on the Grand Parkway. The Grand Parkway also known as State Highway 99 is Houston's third outer loop, and it needs to be built to reduce congestion and enhance economic competitiveness. Nine out of the top 20 congestive roadways in the state are in Harris County, and this project will add over 180 miles and traverse over seven counties in the greater Houston area. The agreement that has been entered into by the representative counties requires that the revenue from the completed agreements be committed to support the development of the remaining segments until the entire loop is completed. Under this agreement each county would take the lead in developing their portions of the highway. If a county chooses to do so or if they choose not to, TxDOT could instead complete that portion of the Grand Parkway. Senate Bill 1007 gives TxDOT the authority to enter into a public private partnership for the Grand Parkway. The bill does not give blanket public private partnership authority of TxDOT and also TxDOT can only exercise the authority of the county which jurisdiction declines their option on their portion of the Grand Parkway. Mr. President, I move to suspend the Senate's regular order of business.

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

SENATOR PATRICK: Question of the author, Mr. President.

SENATOR OGDEN: You're recognized to ask the author a question.

SENATOR WILLIAMS: I yield.

SENATOR PATRICK: Thank you, Senator Williams. Senator, I've had some questions from our district about this bill, the Grand Parkway, one of the segments actually two of the segments go right through heart of Senate District 7 and there have been some e-mails and comments and press releases. One I thought was rather amusing because it said we don't have a traffic issue out in the west part of Harris County.

SENATOR WILLIAMS: Obviously they haven't driven in the western part of Harris County. I think we got traffic congestion from 9 o'clock to 12:00 o'clock if you're looking at Houston as the face of a clock. It's pretty congested.

SENATOR PATRICK: And considering Senate District 7 that I represent where this Grand Parkway will go through is the largest Senate district in the state with over 1 million people. It's grown dramatically, would prove the point that we continue to grow. Here's the -- in my view, the Grand Parkway does a few things and I'd like to get your opinion on this, if you agree. The Grand Parkway will eventually complete this outer loop so that we can move traffic further away from congestion in Beltway 8 and the inner loop but it will also allow people to move from 45 to I10 so if they're going to Dallas or San Antonio without coming into the city. So that's one of the things that we'll accomplish, correct?

SENATOR WILLIAMS: Correct.

SENATOR PATRICK: The second thing it will accomplish, as everyone knows including TxDOT, 290 is one of the most congested roads in the state and once this Grand Parkway link is completed between I10 and 290, it's my belief, I'd like your opinion, that motorists will have the option instead of sitting in incredible bumper to bumper traffic on 290 that we plan to address as well, as soon as we can find the dollars, that some of that traffic may well decide to get on the Grand Parkway and come down to I10 and come in I10 because that traffic moves very well most hours of the day, because that is a very wide highway. Would that be another benefit?

SENATOR WILLIAMS: Yes.

SENATOR PATRICK: Questions about potential private partnerships. If a private company, whether it's a U.S. company or a foreign company, lowest bidder will one the contract, do they own the road?

SENATOR WILLIAMS: I'm glad you asked that, Senator Patrick, because I'm aware of some of those same e-mails that you're talking about that have asserted that would be the case and it's not true. The road would always be owned by the state or by the entity that was developed -- the county, local government if that was the case. In this case we believe that this is all going to be completed by TxDOT, and it would be owned by TxDOT.

SENATOR PATRICK: So it would be owned by TxDOT. Now, there are have been other questions about a private company controlling the toll rates. It is my understanding, I'd like for you to confirm as we have a video record here and an audio record, that the toll rates will be based upon HCTRA, the Harris County Toll Road Authority, their rate, on effect -- am I correct that it will be HCTRA and the county officials, commissioners, the county judge and others who are accountable to the voters who will be setting the rates on all toll roads which will impact the Grand Parkway? Is that correct or incorrect?

SENATOR WILLIAMS: That's correct. The toll rates based on the average toll rates in the Harris County toll road system, so in effect HCTRA which by default is the county commissioner's court in Harris County would, in effect, be setting those toll rates. They also would be in charge of the toll escalation rates. So I know there's been some talk about, Oh, they can escalate it some crazy rate and that's just simply not true. There's going to be accountability to our local elected officials.

SENATOR PATRICK: And unlike some contracts in years past that some people were concerned about in the CDAs that the private companies that build the roads, that they would be control of the free roads in the area, under your bill, under these contracts, these companies would not have jurisdiction over free roads alongside or near Grand Parkway; is that correct?

SENATOR WILLIAMS: That is correct.

SENATOR PATRICK: This is not the TransTexas Corridor, correct?

SENATOR WILLIAMS: It absolutely is not. There is not a TransTexas Corridor, as you know. What this does is it incorporates the revised language that we all agreed on over the last two sessions about how these public private partnerships would be allowed to move forward. And in addition to that as my role the Chair of the transportation committee this session, its been my position that we needed to have the support of the local delegation and to specifically authorize only those projects that have the support of the local delegation.

SENATOR PATRICK: And you have support of both Republicans and Democrats on this issue?

SENATOR WILLIAMS: I do. I think even in our region, Republicans and Democrats, Fort Bend, Montgomery and Harris County, all the counties that would be affected are supportive of this project.

SENATOR PATRICK: And the reason that TxDOT would consider this option is because in the current economic environment and the foreseeable economic environment concerning transportation, particularly with the federal government cutting back to almost zero their federal highway funds to Texas in the near future, the county would like to build it but they don't have the money and TxDOT would like to build it but they don't have the money, so this is the best, viable option to build this freeway to reduce -- not freeway, but the Grand Parkway to complete it. This is the best and maybe the only viable option in the foreseeable future?

SENATOR WILLIAMS: Senator Patrick, I believe that's true. I think that HCTRA found it difficult under the circumstances of the market waiver agreement to move forward and type their bonding capacity, building this segment E which would mostly be in your district. That segment is the segment that's closest to being ready to go and, of course, any excess toll revenue would be pledged, as I mentioned earlier in my opening remarks, to the completion of the entire Grand Parkway project and -- which would involve several other counties. And so they felt like the most viable way to get this moving forward would be for TxDOT to do that. TxDOT's identified the funding to build segment E and that will, in essence, be the toll equity in this project. And the revenue from that segment E we believe will finance the completion of the Grand Parkway from U.S. 59 on the south side near Fort Bend County to U.S. on the north side near Kingwood in my district. So we would, in fact, have the first big segment of it completed from 59 North to 59 South. I also think that that will eventually help us complete the segments over on the east side of Houston through Chambers and Liberty Counties, both Chambers that I represent now. And I think that it's critical to the future of our region that we get those segments opened as soon as possible to help relieve some of the extra truck traffic that we expect to have as the Panama Canal opens in Houston, our ports both in Houston and Beaumont continue to grow, that's a huge source of traffic for us. And this would help us get that traffic out of the city and a way to go around the city. So I think it's critical to the future of our region.

SENATOR PATRICK: And I even saw an e-mail that said, in essence, we shouldn't build roads because it would attract companies and build jobs. One of the reasons that we want to have a solid infrastructure in regards to transportation is not to just move goods, move people, but we want to attract industry, we want to make transportation the best that we can in our large urban, suburban centers so that we can attract large companies who want to come to Texas. And if their people can't get to work or they can't move their goods, that can be an impediment and send those jobs -- thousands of jobs to other states.

SENATOR WILLIAMS: Senator Patrick, I think that's an excellent point. As I mentioned, nine of the 20 most congested road segments, nine of them are in Harris County. So we have very significant highway congestion in the Harris County and the surrounding region now, and it's critical that this road be built because what it will do is take traffic that currently, as you mentioned, has to go in through the city either to Loop 60 or Beltway 8 to get around, they'll have another alternative route to go and I think it's critical. And you take projects like 290 and the I45 north from downtown to Beltway 8, also one of the most congested segments in the state, it's going to be very difficult to move those projects forward unless you have a way to relieve some of the traffic that's in there now.

SENATOR PATRICK: In conclusion, kind of a recap, sometimes people go back to the videotape and they look to cue up a moment to save them the ten minutes of this debate. In conclusion, in summary, the private company that get the lowest bids or another company outside the U.S. would not own the road, they would not control the rates, they would not control the roads around the parkway, this will help relieve congestion on 290, congestion around our city and help attract companies and bring jobs. And if that is your answer, which I believe it is, I will continue to support and vote for this bill. If it were not, I would not. But I believe as a chairman of transportation you embedded this properly and you are also looking out for the citizens of the greater metropolitan Houston area to be sure we provide the most further and cost protective transportation and keep Texas Texas.

SENATOR WILLIAMS: Thank you. I agree with the things that you have asserted. That's what we're trying to accomplish with this bill.

SENATOR PATRICK: Thank you.

SENATOR WILLIAMS: Mr. President, I move to suspend the Senate's regular order of business.

SENATOR OGDEN: Is there objection? Hearing none, the rules are suspended. The Chair lays out on second reading Senate Bill 1007. The secretary will read the caption.

PATSY SPAW: Senate Bill 1007 relating to certain comprehensive development agreements of the Texas Department of Transportation.

LT. GOVERNOR DEWHURST: The Chair recognizes Senator Williams for a motion.

SENATOR WILLIAMS: I move passage to engrossment.

LT. GOVERNOR DEWHURST: Thank you, Senator Williams. Members, you have heard the motion by Senator Williams. Is there objection from any member? Chair hears no objection from any member, and Senate Bill 1007 passes to engrossment. Chair recognizes Senator Williams for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR WILLIAMS: So moved.

LT. GOVERNOR DEWHURST: Members, you have heard the motion. The secretary will call the roll.

LT. GOVERNOR DEWHURST: There being 29 ayes and two nays, the rule is suspended. Chair lays out on third reading and final passage Senate Bill 1007. The secretary will read the caption.

PATSY SPAW: Senate Bill 1007 relating to certain comprehensive development agreements of the Texas Department of Transportation.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Williams on a motion.

SENATOR WILLIAMS: Final passage.

LT. GOVERNOR DEWHURST: Thank you, Senator Williams. Members, you heard the motion by Senator Williams. The secretary will call the roll.

LT. GOVERNOR DEWHURST: There being 30 ayes and one nay, Senate Bill 1007 is finally passed.

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

LT. GOVERNOR DEWHURST: Thank you, Senator. Chair recognizes Senator Shapiro for a motion to suspend the Senate's regular order of business to take up and consider Senate Bill 166.

SENATOR SHAPIRO: Thank you very much, Mr. President and members. At this time I'd like to move to suspend the Senate's regular order of business to take up and consider Senate Bill 166. Senate Bill 166 is a bill that passed the Senate unanimously the last two sessions but did not make it through on the House side. It creates the office of Violent Sex Offender Management by simply moving the civil commitment functions of the Council on Sex Offender Treatment out from under the Department of State Health Services or disturb where it currently exists and it makes a clean transfer of all assets, all powers, all functions and all liabilities that currently exist under the function of this and will now be under the function of the Office of Sex Offender Management. This is actually nothing more than talking an entity that currently rests within the confines of a health service organization or agency, moving it out so that it will actually have its sole purpose as public safety. Has nothing to do with health, has everything to do with public safety and it cannot go any other place in any of our criminal code because it is a civil commitment, not a criminal commitment. So Mr. President, I move page of Senate Bill 166 to engrossment.

LT. GOVERNOR DEWHURST: Thank you, Senator Shapiro. Members, you have heard the motion by Senator Shapiro, is there objection from any member? The Chair hears no objection from any member, and the rule is suspended. Chair lays out on second reading. Senator Ogden did you have a question? All right. The Chair lays out on second reading Senate Bill 166. The secretary will read the caption.

PATSY SPAW: Senate Bill 166 relating to sex offender civil commitment program.

LT. GOVERNOR DEWHURST: Senator Ogden, for what purpose to you rise?

SENATOR OGDEN: I'd like to ask the author a question.

LT. GOVERNOR DEWHURST: Will Senator Shapiro yield?

SENATOR SHAPIRO: Absolutely.

SENATOR OGDEN: Senator, if we pass this bill, which it looks like we will, do we need to change the appropriations bill in any way? I mean, do we have to have a stand -- I mean, if it's a standalone agency?

SENATOR SHAPIRO: Right. All the money transfers exactly the way it is in the dish. I don't think -- we may need to put a rider in and the rider just may say this new agency takes over all the functions that they were doing under the dish.

SENATOR OGDEN: All right. Will you draft that rider?

SENATOR SHAPIRO: I will. Thank you.

LT. GOVERNOR DEWHURST: The Chair recognizes Senator Shapiro.

SENATOR SHAPIRO: Yes, Mr. Chairman, I move passage to engrossment of Senate Bill 166 at this time.

LT. GOVERNOR DEWHURST: Thank you, Senator Shapiro. Members, you've heard the motion by Senator Shapiro. Is there objection from any member? Chair hears no objection from any member, and Senate Bill 166 passes to engrossment. Chair recognizes Senator Shapiro for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR SHAPIRO: So moved.

LT. GOVERNOR DEWHURST: Members, you've head the motion by Senator Shapiro. The secretary will call the roll.

LT. GOVERNOR DEWHURST: There being 30 ayes and one nay, the rule is suspended. Chair lays out on third reading and final passage Senate Bill 166. The secretary will read the caption.

PATSY SPAW: Senate Bill 166 relating to sex offender civil commitment program.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Shapiro for a motion.

SENATOR SHAPIRO: Thank you, Mr. President and members. I move final passage of Senate Bill 166 at this time.

LT. GOVERNOR DEWHURST: Thank you, Senator. Members, you've heard the motion by Senator Shapiro. The secretary will call the roll.

LT. GOVERNOR DEWHURST: There being 31 ayes and no nays, Senate Bill 166 is finally passed.

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

LT. GOVERNOR DEWHURST: And thank you for your help on this. Seventeen, John. Chair recognizes Senator Carona for a motion to suspend the Senate's order of business to take up and consider Committee Substitute to Senate Bill 17.

SENATOR CARONA: Thank you, Mr. President. This bill deals with the regulation of mortgage servicers. Mortgage services are companies that interface directly with borrowers on behalf of a lender. In the wake of the 2008 recession reports of mortgage servicing companies mishandling accounts and using inappropriate business practices have substantially increased. A major problem here in our state is we don't actually have a Texas agency designated to receive these particular complaints. So what this bill does is require unregulated mortgage servicers to register with the Texas Department of Savings and Mortgage Lending. I move suspension of the Senate's regular order of business.

LT. GOVERNOR DEWHURST: Thank you, Senator Carona. Members, you heard the motion by Senator Carona. Is there objection from any member? Chair hears no objection from any member, and the rule is suspended. Chair lays out on second reading Committee Substitute to Senate Bill 17. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 17 relating to the regulation of certain residential mortgage loan servicers.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Carona for a motion.

SENATOR CARONA: Mr. President, I move passage.

LT. GOVERNOR DEWHURST: Thank you. Members, you heard the motion by Senator Carona. Is there objection from any member? The Chair hears no objection from any member, and the Committee Substitute to Senate Bill 17 passes to engrossment. The Chair recognizes Senator Carona for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR CARONA: So moved, Mr. President.

LT. GOVERNOR DEWHURST: Members, you heard the motion by Senator Carona. The secretary will call the roll.

LT. GOVERNOR DEWHURST: There being 30 ayes and one nay, the rule is suspended. Chair lays out on third reading and final passage Committee Substitute to Senate Bill 17. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 17 relating to the regulation of residential mortgage loan servicers.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Carona for a motion.

SENATOR CARONA: Mr. President, I move final passage.

LT. GOVERNOR DEWHURST: Thank you, Senator. Members, you've heard the motion by Senator Carona. The secretary will call the roll.

LT. GOVERNOR DEWHURST: There being 31 ayes and no nays, a Committee Substitute to Senate Bill is finally passed. Congratulations. Senator Jackson, are you ready on 431? Chair recognizes Senator Jackson for a motion to suspend the Senate's regular order of business to take up and consider Senate Bill 431.

SENATOR JACKSON: Thank you, Mr. President. Members, Senate Bill 431 addresses the issue of persons falsely claiming military veterans status. Not only is this action offensive, but it can result in benefits being improperly administered to persons claiming to be a veteran. This bill will help prevent people from taking advantage -- prevent people taking advantage benefits intended to help those who have served honorably. It would make it a class C misdemeanor for someone to claim veteran status with the intent to obtain services or resources for job training and employment assistance under the labor code. It would qualify -- to qualify for veterans employment preference to obtain a license or certificate to practice the trade or profession or to obtain a promotion, compensation or other benefit. There are several other items that would qualify right here, but we basically want to stop this activity and put a penalty for people that would be falsely claiming to be a veteran. Also make sure that benefits for veterans that are entitled to are there for the ones who have earned and deserved that. Mr. President, I move suspension of the regular order of business to take up and consider Senate Bill 431.

LT. GOVERNOR DEWHURST: Thank you for bringing this up, Senator Jackson. Members, you have heard the motion by Senator Jackson. Is there objection from any member? Chair hears no objection from any member, and the rule is suspended. Chair lays out on second reading Senate Bill 431. The secretary will read the caption.

PATSY SPAW: Senate Bill 431 relating to the use of fraudulent or fictitious military records.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Jackson for a motion.

SENATOR JACKSON: Thank you, Mr. President. I move passage to engrossment of Senate Bill 431.

LT. GOVERNOR DEWHURST: Thank you, Senator Jackson. Members, you've heard the motion by Senator Jackson. Is there objection from any member? Chair hears no objection from any member, and Senate Bill 431 passes to engrossment. The Chair recognizes Senator Jackson for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR JACKSON: So moved, Mr. President.

LT. GOVERNOR DEWHURST: Members, you've heard the motion by Senator Jackson. The secretary will call the roll.

LT. GOVERNOR DEWHURST: There being 30 ayes and one nay, the rule is suspended. Chair lays out on third reading and final passage Senate Bill 431. The secretary will read the caption.

PATSY SPAW: Senate Bill 431 relating to the use of fraudulent or fictitious military records.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Jackson for a motion.

SENATOR JACKSON: Thank you, Mr. President. I move final passage of Senate Bill 431 the stolen valor act.

LT. GOVERNOR DEWHURST: Thank you, Senator Jackson. Members, you have heard the motion by Senator Jackson. The secretary will call the roll.

LT. GOVERNOR DEWHURST: There being 31 ayes and no nays, Senate Bill 431 is finally passed. Senator Carona, 1165, you got a bunch today. Chair recognizes Senator Carona for a motion to suspend the Senate's order of business to consider and take up Committee Substitute to Senate Bill 1165.

SENATOR CARONA: Thank you, Mr. President. Members, the banking commissioner's charged with promoting the safety and soundness of state banks and trust companies. The statutory of limitations on the amount of penalties that can be imposed, however, and the narrow grounds for penalties render that enforcement tool virtually ineffective. What this bill does, and it's a result of discussions between the agency and the industry and supported by all related parties would be to expand the commissioner's removal authority to apply the commission of bad acts that occurred at any financial institution rather than only those entities regulated by the Department of Banking. It would expand the grounds so there could be a basis for an order to remove some and including for violations in any state or federal cease and desist order, falsification of a financial institution's records or damaging the interest of a financial institution's creditors or shareholders. Currently when an order is issued, it's permanent and it's forever banned from the industry. This also gives some degree of latitude to the department in dealing with those individuals as well. I move suspension of the Senate's regular order of business.

LT. GOVERNOR DEWHURST: Thank you, Senator Carona. Members, you heard the motion by Senator Carona. Is there objection from any member? The Chair hears no objection, the rule is suspended. The Chair lays out on second reading a Committee Substitute to Senate Bill 1165. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1165 relating to certain enforcement powers of the banking commission.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Carona for a motion.

SENATOR CARONA: Mr. President, I move passage to engrossment.

LT. GOVERNOR DEWHURST: Thank you. Members, you've head the motion by Senator Carona, is there objection from any member? Chair hears no objection, and Committee Substitute to Senate Bill 1165 passes to engrossment. Chair recognizes Senator Carona for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR CARONA: So moved, Mr. President.

LT. GOVERNOR DEWHURST: Members, you heard the motion. The secretary will call the roll.

LT. GOVERNOR DEWHURST: There being 30 ayes and one nay, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to Senate Bill 1165. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1165 relating to certain enforcement powers of the banking commissioner.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Carona for a motion.

SENATOR CARONA: Mr. President, I move final passage.

LT. GOVERNOR DEWHURST: Thank you, Senator Carona. Members, you've heard the motion by Senator Carona. The secretary will call the roll.

LT. GOVERNOR DEWHURST: There being 31 ayes and no nays, a Committee Substitute to Senate Bill 1165 is finally passed. Members, following motion in writing. The secretary will read the motion in writing.

PATSY SPAW: Mr. President, I ask unanimous consent for Senate Bill 1310 relating to the creation of the Select Committee on Economic Development to be withdrawn from the Committee on Administration and rereferred to the Committee on Economic Development. Senator Shapiro, author; Senator Eltife Chair, committee from which bill is being withdrawn. Senator Jackson, Chair committee to which bill is being rereferred.

LT. GOVERNOR DEWHURST: Members, you heard the motion in writing. Is there objection from any member? Chair hears no objection, and the bill will be referred to Senator Jackson's committee. The motion is adopted. Members, the president's desk is clear. Are there announcements? Chair recognizes Senator Nelson for an announcement.

SENATOR NELSON: Thank you, Mr. President. Senate committee on --

LT. GOVERNOR DEWHURST: Are those two senators bothering you?

SENATOR NELSON: I'm sorry?

LT. GOVERNOR DEWHURST: Are those two senators bothering you over there?

SENATOR NELSON: No more than usual.

LT. GOVERNOR DEWHURST: I see.

SENATOR NELSON: Members, the Senate Committee on Health and Human services will resume its hearing in -- well, let's say 1:45 here on the floor.

LT. GOVERNOR DEWHURST: Thank you, Senator Nelson. Chair recognizes Senator Fraser for an announcement.

SENATOR FRASER: Thank you, Mr. President. Senate Committee on Natural Resources will convene at 1:40 in the extension.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Harris for an announcement.

SENATOR HARRIS: Thank you, Mr. President. Jurisprudence will begin its meeting at 1:45, members.

LT. GOVERNOR DEWHURST: Thank you, Senator Harris. Chair recognizes Senator Shapiro for an announcement.

SENATOR SHAPIRO: Thank you, Mr. President. Senate Committee on Education will also start their hearing at 1:15 in room E1028 to resume our hearing.

LT. GOVERNOR DEWHURST: Thank you. Members are there any additional announcements? Chair recognizes Senator Lucio. You wish to speak on the -- okay. Members, I'm going to ask you if you'd take your chair for just a moment. But before I do that, I see -- is there -- do you have an announcement? No. Okay. The Chair recognizes Senator Zaffirini for an announcement.

SENATOR ZAFFIRINI: Thank you, Mr. President, and a motion. Mr. President and members, I move to suspend the 24-hour posting rule in accordance with Senate Rules 11.10 and 11.18 to allow the Senate's Higher Education Committee to meet tomorrow morning, Wednesday March 30th at 7:30 a.m. instead of 8:00 a.m. in room E1.012.

LT. GOVERNOR DEWHURST: Members, Senator Zaffirini moves to suspend the Senate's rules 11.10 and 11.18 in order to hold her committee meeting at 7:30 instead of 8:00. That late, 7:30?

SENATOR ZAFFIRINI: Yes.

SENATOR WHITMIRE: Mr. President.

LT. GOVERNOR DEWHURST: Senator Whitmire, for what purpose do you rise?

SENATOR WHITMIRE: For an announcement, please.

LT. GOVERNOR DEWHURST: For an announcement? Senator, members, you have heard the motion by Senator Zaffirini, is there objection from any member? Senator West.

SENATOR WEST: I think it should be moved to 7:00 a.m.

SENATOR ZAFFIRINI: I will accept that friendly amendment.

SENATOR WEST: That's all right. I don't want to amend it that bad. I remove my objection.

LT. GOVERNOR DEWHURST: Members, you have heard the objection by Senator Zaffirini, is there objection from any member? Chair hears none, and Rules 11.10 and 11.18 are suspended and you're authorized your meeting at 7:30 tomorrow.

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

LT. GOVERNOR DEWHURST: The Chair recognizes the Dean for an announcement.

SENATOR WHITMIRE: Thank you, sir. I would announce that Criminal Justice would meet at 1:40 in room E10126.

LT. GOVERNOR DEWHURST: Okay. Then I'm going to recognize the Dean who then can yield to Senator Lucio as we close. The Chair recognizes the Dean of the Senate for a highly privileged motion.

DEAN OF THE SENATE: Thank you, Mr. President. And before I move to adjourn, I would like to yield to Senator Lucio.

SENATOR LUCIO: Thank you, Dean Whitmire. Thank you, Mr. President. Members, members, today is the fifth anniversary of a very tragic event that we had here in Texas. On this day in 2006, a school bus full of students from West Brook High School in Beaumont, Senator Williams' district, crashed into a ditch in Govers, Texas. The students were members of the school soccer team and on their way to a game in Humble. Ashley Brown and Alicia Vanera were killed in the crash while many of their teammates were seriously injured. Today we remember their families and friends but also the change -- the change their untimely death led to here in the legislature of our state. In 2007 legislation passed that required three point seat belts to be used on all new school buses and on all buses chartered by schools. This legislation cannot take away the pain felt by the loss of Ashley and Alicia, but it will mean safer travel for future generations of students in our great state. Members, this is a reminder that there is a cost to safety. Ashley and Alicia were both kindhearted Godly students with dreams of college. Today, we keep their families and friends in our thoughts and prayers. Members, I know Senator Williams and I at this point would like to motion that today we adjourn in memory of Ashley Brown and Alicia Venera. Thank you, members. Thank you, Mr. President.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Williams.

SENATOR WILLIAMS: Thank you, Mr. President. Members, I want to thank Senator Lucio for bringing this motion forward. This tragedy had a profound impact on the students and families at West Brook High School in Beaumont, and I really appreciate you bringing this forward today. Thank you.

LT. GOVERNOR DEWHURST: Thank you, Senator Williams. Thank you, Senator Lucio. Chair recognizes the Dean for --

DEAN OF THE SENATE: Thank you, Mr. President. I move that the Senate adjourn until 11:00 a.m. tomorrow in memory of Private First Class Colton Wesley Rusk and also Ashley Brown and Alicia Vanera.

LT. GOVERNOR DEWHURST: Members, you have heard the motion by Senator Whitmire. Is there objection from any member? Chair hears no objection, and the Senate will stand adjourned until 11:00 o'clock tomorrow morning March 30th in honor of Private First Class Rusk, Ashley Brown and Alicia Vanera. (Adjourned.)