Senate Transcript, April 27, 2011

SENATOR OGDEN: The Senate will come to order. The secretary will call the roll.

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

SENATOR OGDEN: A quorum is present. All on the floor and in the gallery please rise for the invocation to be delivered by Pastor Kent Bohls, Gethsemane Lutheran Church of Austin.

PASTOR: Let us bow our hearts to pray. Holy loving God, we humbly bow our hearts before You today in this moment of quiet, so that we might hear Your word of hope and promise. Touch our hearts so that we might be receptive to Your call to use our power, authority, and responsibility with a sense of compassion and purpose as we speak and act on behalf of all Your people of this great state especially the voiceless, the weak, the abandoned, and the forgotten. It is our call and blessing to be courageous, to cast aside fear, and care for the greater good. Help us to see the world as You see it, one people loved and claimed by Your grace, where brokenness is healed, where the lowly are lifted up, where we serve as good stewards of our land and resources. As we ask for rain on our parched and thirsty land, may we willingly offer ourselves as water of refreshing hope for those who are parched, fearful, and hungry for justice, equality, welcome, and healing. These are indeed tough times, but this is our time. Open us to solutions that are creative, positive and life-giving as we boldly look to a future lived thankfully in Your grace. Amen.

SENATOR OGDEN: Thank you, Pastor. You may be seated in the gallery. Members, Senator Whitmire moves to dispense for the reading of yesterday's journal. Is there objection? The Chair hears no objection, so ordered. Senator Eltife is recognized to introduce the doctor of the day who happens to be my constituent.

SENATOR ELTIFE: Thank you, Mr. President. Members, it is my honor on behalf of Senator Ogden to introduce our doctor of the day. Dr. Mary Helen Morrow. Dr. Morrow went to medical school at the University of Connecticut Health Science Center. And did her residency at the Cedar Rapids family residency program. She has practiced medicine for over 15 years including the ER and community health center. She is actively involved in the Texas Academy of Family Physicians and has a cash only freestanding private medical practice in Madisonville. She is married to Dwayne Morrow, a chemical engineer and computer guru and they have four children Katelyn, Ian, Bridget and Aden. Thank you, Dr. Morrow, for once again serving as our physician of the day. Members, let's say thank you to Dr. Morrow.

SENATOR OGDEN: Senator Eltife is recognized for an introduction.

SENATOR ELTIFE: Thank you, Mr. President, members. Today I would like to welcome one of my favorite delegations that comes every year from Rusk County, who are visiting the Capitol to see the legislature in action and meet with our great state senators and state representatives. I'm fortunate to represent the people of Rusk County, and I would like to recognize them along with their leaders. County Judge Joel Hale is here. Buzz Fullin, mayor of Henderson along with his city council members. Judy Sewell, executive director of the Henderson Area Chamber of Commerce. John Cloutier, president of the chamber. And if you would please stand. And, members, help us welcome Rusk County days to the Texas Senate. Thank you for being here. Thank you, Mr. President.

SENATOR OGDEN: Members, if there are no objections, I'd like to postpone the reading and referral of bills until the end of today's session. Is there objection? The Chair hears none. Senator Fraser. Chair lays out the following resolution. Secretary will read the resolution.

PATSY SPAW: Senate Resolution 12 recognizing April 27th, 2011, as Texas Water Conservation Day at the State Capitol by Fraser.

SENATOR OGDEN: Chair recognizes Senator Fraser on his resolution.

SENATOR FRASER: Thank you, Mr. President and members. We're very pleased today to have a great group here in the Capitol today. It's my pleasure to recognize Water Conversation Day at the Capitol. With water demand in Texas expected more to double by 2060 water conversation is going to be the key to meeting our future water needs. The Texas Water Conservation hosting this day to bring awareness to water conservation. Members, please help me welcome members of the Texas Water Foundation and the Texas Water Conversation Advisory Council for Water Conservation Day at the Capitol. If they would please stand. And, Mr. President, I would now move adoption of Senate Resolution 12.

SENATOR OGDEN: It's good to see Senator Averitt in the chamber. Members, is there any objection to the adoption of Senate Resolution 12? Chair hears none, resolution is adopted. Members, would you please take your seats for a memorial resolution? The Chair lays out the following resolution. The secretary will read the resolution.

PATSY SPAW: Senate Resolution 847 WHEREAS, The Senate of the State of Texas joins the citizens of Johnson County and Texans across the state in mourning the loss of Johnson County Deputy Sheriff Clifton L. Taylor, who died in the line of duty on April 23, 2011, at the age of 31; and WHEREAS, Deputy Sheriff Taylor had been serving and protecting the People of Johnson County as a member of the sheriff's office for three years and three months; he was greatly respected and admired by his colleagues and all who knew him, and his death is a tragic reminder of the sacrifices made daily by the members of law enforcement and their families; and WHEREAS, An outstanding officer, Cliff Taylor was renowned for his dedication to duty, his selfless service in the community, and his strong work ethic; an engaging young man with a warm sense of humor, he was noted for his reliability, his fairness, and his compassion for others; and WHEREAS, Cliff Taylor leaves a legacy of courage and commitment to public service, and his family, his fiancee, his colleagues in the first-responder community, and his countless friends will forever cherish their memories of his life, his loyalty, and his many achievements; now, therefore be it RESOLVED, That the Senate of the State of Texas, 82nd Legislature hereby pay tribute to the life of Johnson County Deputy Sheriff Clifton L. Taylor and extend sincere condolences to his bereaved family; and, be it further RESOLVED, That a copy of this Resolution be prepared for his family as an expression of deepest sympathy from the Texas Senate, and that when the Senate adjourns this day, it do so in memory of Clifton L. Taylor. By Birdwell.

SENATOR OGDEN: Chair recognizes Senator Birdwell on the resolution.

SENATOR BIRDWELL: Thank you, Mr. President. Mr. President and members, it is with great sadness that I share with you this resolution. That this past Saturday, April 23rd, Johnson County Sheriff's Deputy Clifton Taylor was killed in the line of duty while attempting to apprehend an armed suspect involved in a domestic violence dispute, Deputy Taylor was the first to enter the building. He was on point and was shot three times and died of wounds at the scene. Deputy Taylor had been with the Johnson County Sheriff's Department for a little more than three years and will be remembered for his sense of humor, his work ethic, and his humility. He was 31 years old and engaged to be married. Let us not forget, though, the service of our fine law enforcement officers and firefighters who put their lives on the line anytime they put on their uniforms. Mr. President, at this time I would ask not only for adoption of the resolution but I would ask that the Senate today adjourn in memory of Deputy Clifton Taylor. Thank you, Mr. President.

SENATOR OGDEN: Is there objection to the adoption of the resolution? Would all members in favor of the resolution please rise? The resolution is adopted. Senator Birdwell requests that his remarks be reduced to writing and put in the journal. Is there any objection? Chair hears none, so ordered. Chair lays out the following resolution. Secretary will read the resolution.

PATSY SPAW: Senate Resolution 846 WHEREAS, The Senate of the State of Texas is pleased to pay tribute to a Texas legend, O. A. "Bum" Phillips; and WHEREAS, Bum Phillips is an icon in the world of football coaching; with a background in ranching and military experience in the elite Marine Raiders during World War II, he is an inspirational leader known for bringing out the best in the players and the teams he coached at the high school, college, and professional levels; since retiring, he has put his talents to use in a wider sphere as a motivational speaker and in his work with numerous charities and ministries; and WHEREAS, Born Oail Andrew Phillips, Bum Phillips got his nickname as a young boy when his sister could not pronounce the word "brother"; the moniker stuck, and Bum Phillips is now one of the most recognized names not just in Texas but across the United States, even some 25 years after the conclusion of his illustrious football coaching career; and WHEREAS, On September 30, 1942, one day after his 19th birthday, Bum Phillips enlisted in the United States Marine Corps; after completing boot camp, he volunteered for the newly formed Marine Raiders, an amphibious commando assault force created at the request of President Franklin D. Roosevelt; and WHEREAS, He fought bravely in numerous South Pacific campaigns during World War II and took part in the Battle of New Georgia, where the Raiders, who were outnumbered 10 to one, fought courageously in hand-to-hand combat, and nearly half of the force was wounded or killed in action; he was honorably discharged on August 18, 1945, after spending 18 months in combat and 11 months rebuilding islands, roads, and runways, and he is one of only two surviving Marine Raiders living in Texas; and WHEREAS, Bum Phillips became a legendary high school football coach, establishing winning programs in schools across Texas; he taught young men not just the game of football but the leadership principles he learned in the Marines; in the 1950s, at the request of Bear Bryant, head football coach at Texas A&M University, he invented a system of defensive signal calling that is still used today at all levels of football; and WHEREAS, After several years coaching college football, he joined the National Football League as defensive assistant coach for the San Diego Chargers; he soon joined the Houston Oilers and was named head coach and general manager in 1975; as coach of the Oilers, he became famous as the winningest coach in franchise history and took his team twice to the American Football Conference championship game; he then coached the New Orleans Saints for five years, turning around their defense and rebuilding the franchise before retiring from coaching in 1985; and WHEREAS, He retired from football but not from working; he still operates a horse and cattle ranch in Goliad County with his wife, Debbie; he does advertising and motivational speaking and works in many charity events; he also ministers to men in Texas prisons; and WHEREAS, Bum Phillips to this day is one of the most popular, respected, and admired coaches in the history of American football; a rancher, a horseman, and a true Texan, he is known for his dry sense of humor, his laid-back demeanor, his ever-present cowboy hat and boots, and his famous name, which he still explains is a nickname, not a description; and WHEREAS, A father figure to many, Bum Phillips has had a positive impact on the lives of thousands of young men over the years, and he is truly worthy of recognition for his outstanding career and his inspirational efforts on behalf of his fellow man; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 82nd Legislature, hereby recognize O. A. "Bum" Phillips as a true Texas treasure and an exceptional representative of this state; and, be it further RESOLVED, That a copy of this Resolution be prepared for Bum Phillips as an expression of high regard from the Texas Senate.

SENATOR OGDEN: Chair recognizes Senator Patrick on the resolution.

SENATOR PATRICK: Thank you, Mr. President and members. It's a great honor and a thrill for us as the Texas Senate to welcome Bum Phillips and his family and a dear friend who I'm going to introduce in a moment. With Bum today is Debbie Phillips, his wife, Wade Phillips, now with the Houston Texans, the Jean Andrea Kinman, and did I leave anyone out? Susan. Good to have you all here today. And I'm going to introduce you to David in a moment. Members, the reason I wanted to honor Bum today is not necessarily for what you would think. We have a lot of athletes, we had the Aggie women's basketball team here yesterday and honored them for their great achievements, and we have a lot of coaches and athletes from time to time. And I will talk about the contribution that Bum has made to football high school college and pro Texas and the many of thousands of lives he's impacted through his leadership of young men over the 50 years of coaching. But I've known Bum now for 32 years and for two years when I was sportscaster I spent every day for six months from when camp started, Bum, until the end of the season in his presence and I never knew his story. I didn't know his story until I read his book called Bum Phillips Coach, Cowboy, and Christian, all the proceeds go to charity. And each one of you will have a copy at the reception afterwards if you can take a moment to come off the floor to meet Bum personally, and there's a copy of the book for you. And when I read his story, it reminded me of the story of my dad who was a Marine in the South Pacific and the story of so many greater generation or the greatest generation who served and never told anyone. They just came home quietly and built America. And I dare say many of the players who played for Bum did not know of his war story. And so I want to share a little bit about that because it's an incredible story. Bum Phillips on September 30th, 1942, one day after he turned 19, because mama wouldn't let him join earlier, he was the only son, joined the Marines and he left Orange and Beaumont and he was playing some football at Lamar one year and he went from one year of football to the Marine Corps. He had never been further west than Liberty, Texas 45 miles away. And he arrived at Camp Pendleton, and in those days six weeks, Senator Uresti, who served in the Marines, Bum, six weeks they made him a Marine, Lieutenant Colonel Birdwell, and after the end of six weeks, they said, well, you can go in this line or this line and decide what unit you want to be in. Well, Bum had become a skilled marksman and decided to be a paratrooper and he would use his skill behind enemy lines but the line for paratroopers was too long and anyone who knows Bum knows that he does not wait in line, right, Wayne? In fact, when we had the gas crisis in the 70s, Bum put a 90-gallon tank on his truck and a 500-gallon tank at his farm so he'd never have to wait in line for gas. He does not wait in line for food, he does not wait in line for a haircut. Even if he gets hungry or his hair is a little long. So he said, I'm not getting in that paratrooper line, I'm going to get over in this other line for the Marine Raiders. Now, many of you may have never heard of the Marine Raiders, but the Marine Raiders, they were a special group of Marines, rugged tough Marines, President Roosevelt wanted a British commando type unit. They were really our first special type forces, we think of the Green Beret and special forces today and Navy Seals. But the Marine Raiders were that force and so Bum got in that line because it was short and he met a man in that line, 6-foot-5 David Van Fleet who sits next to him. They have been friends for 67 years. They met in line becoming Marine Raiders. There were 8600 Marine Raiders in World War II and half were killed or wounded. These are the only two living Marine Raiders in the state of Texas. There's only a few hundred in our country. And what did the Marine Raiders do? Well, President Roosevelt assigned his own son James Roosevelt to be the commander and their job was to basically strike first behind enemy lines, first world of warfare. Bum Phillips for a long time and David lived off nothing but coconuts and candy bars because they didn't have access to food. And, Bum, if I'm correct, you went in around 200 pounds and at one time he was down to 130. He saw 18 months of combat. In one battle in the battle of New Georgia Bum, David and the other Raiders, a thousand, went on the island where there were 10,000 Japanese waiting and 9,000 off the coast. They were out numbered 10,000 to a thousand. In the first six to eight hours of the battle 700 of the Raiders were killed or wounded. As Bum writes in his book, there weren't enough standing Marines to carry the stretchers of the wounded. And that night as they went back to a defensive line, out of ammo, after hand to hand combat, they had the choice to leave the island and get on the ship or stay and fight. Now less than 300, low on ammunition, they decided to stay and fight because they were Raiders. And as Bum would say, God saved you that night because the Japanese had had enough of the Marine Raiders that day, they didn't counter attack or these two men might not be here tonight. So 18 months as Marine Raiders, saw a lot of combat, a lot of action. Came home after the war like many of your dads and my dad and built America. 1947 got his first coaching job. He quit a job on principle -- over principle. He quit a job at an oil company and he was driving home, took a wrong turn, passed a football field, long story short, stopped by, they offered him a chance to play again at Lamar, he was captain of the team, transferred to Stephen F. Austin, and after that he took his first high school assistant coaching job and then became the head coach at Nederland, took over a losing team and Bum would take over a lot of losing teams, wouldn't you, and turn them into winners. He only compiled a record of 58 to 11. Went on to coach with Bear Bryant at Texas A&M 1956, '57. And the current defensive signal calling system that high schools and colleges and the NFL uses today, Bum invented at the request of Bear Bryant. Well, Bear went to Alabama, Bum actually went back into high school coaching and went back to Jacksonville, eventually made his way to Texas Wesley and Texas El Paso, University of Houston, and then to the NFL. Sid Gillman hired him sight unseen just on reputation for his being a defensive coordinator. Now, Sid, if you're a football fan, always wore a bow tie and a suit and Bum's never owned a tie. So there we had the odd couple, Bum Phillips in his cowboy hat, Sid Gillman in his bow tie at the San Diego Chargers. Sid left and went to the Oilers and Bum went with him. In 1975 Sid Gillman resigned from the Oilers, and Bum became general manager and head coach of the Houston Oilers. Took over another perennial losing team and by 1979 they were in the AFC championship two consecutive years, one game away from the Super Bowl. And quite frankly Bum's team was outmanned. He had a lot of -- he had a great player in Earl Campbell, a few great ones, but he had a lot of good ones, players. He always got men to excel, whether they were Marines he fought with or high school players or college players or pro-players. And he took on the Pittsburg Hall of Fame Steelers two years in a row and didn't have a victory. But that didn't change the opinion of the Love You blue crowd in Houston. And the second year of that year I was privileged to be a sportscaster in Houston and I was on the plane coming back with the team and we got word from the pilot that there were some fans waiting in the Astrodome to welcome the team that had lost back to Houston. And no team and no city and no coach were ever closer than Love You Blue, the Houston Oilers and city of Houston. 50,000 people were there at 10:00 o'clock at night in the Astrodome waiting for Bum Phillips and Wade Phillips. Those were great days. Bum, I love being around him, he was the perfect sportscaster, he always had a quick line. I remember when they traded for Kenny Stabler and we had a little interview. And I don't know if you remember this Bum, because he just rattled off one liners and reporters said, well, Bum we understand this new quarterback Kenny Stabler you have, he kind of likes the night life, he kind of likes to stay out late. And without missing a beat Bum said, well, some quarterbacks study the play book by the light of the juke box better than others. Bum always had a line. The reason we're honoring Bum today is he's the kind of Texan that Texas is all about. Went off to war, never told the story but fought for this country, came back and built this country, through his leadership, through his integrity -- thousands of young men have followed him. They look at him as either a second father or their father because many of your players didn't have a father. I always look at Bum as a second father. My dad, a Marine, is the best person I've ever known and Bum is a darn close second. When he's your friend, he's your friend forever. Loyalty is the hallmark and that's why players and fans and everyone will be here soon. And so it's my honor, Bum, to honor you and call you a Texas treasure. And David Van Fleet, thank you for your service, thank you for being a Marine Raider, thank you for being my friend's friend for 67 years. David stands 6-foot-5, and when he was in line for the Texas Marine Raiders and an officer went up to him and said, you're a pretty big fellow. David said, yeah. He said, you ever been knocked on your butt? He said no. And the officer said, well, you're going to. And he said, well, we'll see. I'm not so sure anyone ever knocked David Van Fleet on his butt as a Marine Raider. Members, if you'll join me in honoring a true Texas treasure, the kind of cowboy, the kind of coach and the kind of Christian, that's the name of his book, the people dream of being. Mr. President.

SENATOR OGDEN: Chair recognizes Senator Deuell on the resolution.

SENATOR DEUELL: Thank you, Mr. President, members. Coach Phillips, it's great to meet you, my college roommate was Chandler Burnett and his father Floyd Burnett gave you if not your first coaching job, one of the earlier ones in the public schools and I can't wait to tell Chandler that I met you. But the other thing was my grandmother was not a big football fan but she was watching TV with me and heard you explain to the reporter why you did not wear your hat in a Dome stadium. Because you said your mother taught you you don't wear hats indoors. And despite the size of the place, that was still indoors and she said, well, I don't like football but I like that guy. So, anyway, welcome to the Texas Senate.

SENATOR OGDEN: Chair recognizes Senator Gallegos on the resolution.

SENATOR GALLEGOS: Thank you, Mr. President. Senator Patrick I want to join on this resolution. Coach, let me -- I'm a Houston firefighter and let me tell you during the Love You Blue days, obviously your picture was at every fire station and -- but I'm a little different than a lot of the people. I go -- during football season especially go to the icehouses in my district and especially during football season, especially what Senator Patrick said, David, that you had came in and we had lost and we got cheated and -- but I can tell you that in my community if you saw the movie Invincible, members, you know what -- you know, the city of Philadelphia down in the dumps at those times, they looked to the Eagles to bring them up. You know, they had the Eagles. But during those Love You Blue days, I don't mind telling you, that in those icehouses that I visited, the pictures on the wall in my community were of John F. Kennedy, Caesar Chavez, Martin Luther King and Bum Phillips. And I just wanted to tell you that during those times, you know, when -- we were in dire straights in Houston and all that but as the city of Philadelphia looked to the Eagles, we looked to the Oilers and Bum Phillips. I just wanted to tell you that.

SENATOR OGDEN: Chair recognizes Senator Lucio on the resolution.

SENATOR LUCIO: Thank you, Mr. President and members. I too rise, Coach Phillips, you have so many fans throughout the state of Texas including those that are way south in the Rio Grande Valley along the border, Mexico border. My dad and my uncle Louie were one of your biggest fans, they have passed on in the last several years but I can remember your name and it will continue to be a household name. But back when you were walking the sidelines of the Houston Oilers, it was the greatest joy we had to see them come on and represent our great state and that was the team of that generation that we loved so dearly and you at the helm and showing leadership that you did always brought great joy when they were on the field. I know you have made many quotes, you've been quoted in so many different ways and I love what you said about football. You said football is a game of failure. You fail all the time but you aren't a failure until you start blaming someone else and how true that is. You know, we can learn by that simple statement that you make that we can make a difference if we continue to be part of a team whether we're a citizen of this great country of our state or a member of this body here. And you have shouldered, Coach Phillips, shouldered responsibility all of your life and that's something that's extremely important for those of us that see people like you who we look up to and try to emulate and imitate. And I think one of the tributes that your family can make about you as a person is your faith. Your faith in God and that has been a source of great pride and joy to your family and your close friends and countless others admire you who don't get to see or touch you like so many do there in the Houston area. But you -- I will be talking about your faith and the fact that that has made a huge difference for so many. And the last thing I want to say is you get involved in so many ways, but one of them is to raise money for the nonprofit so that those funds can reach those that are not as fortunate as we are in this world and this country and I'm sure internationally you helped hundreds of charities. To that I thank you. Your motivational speeches obviously touched the hearts of so many and many understand who they are, how important they are, and the fact that they can make a difference if, you know, they believe in themselves. So welcome to the Texas Senate and know that every corner of this state appreciates you and the type of life you've lived. Thank you.

SENATOR OGDEN: Chair recognizes Senator Nichols on the resolution.

SENATOR NICHOLS: Thank you, Mr. President. A long time ago Coach Phillips used to coach in Jacksonville, Texas. And when I was a little boy and we -- first year I ever played football you were our head coach and I'll never forget that. I've always bragged all my life about the fact that I actually got to play under Bum Phillips. And you began a program I think when I was in the 5th or 6th grade and you said, if we start training them young, by the time they get up to their seniors years, they're going to start winning. And sure enough when I hit my sophomore, junior, senior years we started going to the championships on a regular basis. But you set our program up. You touched a lot of people in my home community including me and we're always very appreciative of that. And I've got to tell y'all he used to tell the story when he would come talk back on sports banquets or stuff like that, I used to get tickled, I used to think I lived out in the country. But Bum Phillips used to say he lived so far out in the country that he used to have to walk back toward town to deer hunt. I don't know if you remember saying that or not, but thank you for being here. Thank you for everything you've done and all those you have touched and we appreciate you being here. Thank you.

SENATOR OGDEN: Chair recognizes Senator Whitmire on the resolution.

SENATOR WHITMIRE: Thank you, Mr. President, members. I almost didn't stand up, but I didn't want my colleagues to think I was not enjoying this. I got to spend over 30 minutes this morning in the reception with Bum and his family. So it's not a lack of enthusiasm, but I already had such quality time with each of the family members. There are a large number of educators in this family, members, the daughters. Bum has his teaching certificate. So I got lobbied a little bit this morning on public school finance, and I would encourage you to talk to the rest of my colleagues too. In fact, Senator Patrick you might spend a little time with him. I can go on and on. First of all, you interfered -- I've been in politics since '72 so I was a young state rep during the Love You Blue days and tried to go to the Senate and did go to the Senate in the early 80s. So we had to shut down the campaign in those days when the Love You Blue and Oilers were on TV. It would just come to a standstill whether it be Monday night or Sunday evening events just came to a close. So you had an impact on all of our lives in such special ways. And I want you to know that we all are just thankful that you never lived in one of our Senate districts and had an interest in politics because we measure our successes and standing in the community in terms of politics by name ID. I can't imagine someone trying to stand up to your name ID. And then another notion is sometimes your name ID is negative. So sometimes just a name ID in itself is not all that great, but your positive name ID would scare the dickens out of any elected official if you showed an interest in their race. Let me close, members, and also let you know that when I was visiting with Bum earlier they were trying to put a purple tie on him. Some fool around him told him he couldn't come on the Senate floor without a tie and I said, yeah, that's the rule, Bum, but sometimes you have to use common sense. And I think you look real fine just the way you are. Bum, the greatest compliment I pay to public officials or public dignitaries is if you can remain normal after all the successes and notoriety that you've gotten. I hope someday when I'm finished, they'll just say, well, he was a normal sort of guy. I say that about a lot of my colleagues and individuals I've served with. What you accomplished and the notoriety and the success you've had for you to be what I call a normal sort of guy is the best compliment I can pay you. You really honor us with your presence, Wade, and all your daughters, it's just outstanding to see the family here and to get to enjoy this while you're still bright and I'm sure the best days are yet to come. Thank you.

SENATOR OGDEN: Senator Patrick moves adoption of Senate Resolution 846. Is there objection? The Chair hears none, the adoption of the resolution is adopted.

SENATOR PATRICK: Thank you, Mr. President and members. And please join us back in the reception and get a copy of your book.

SENATOR OGDEN: Senator Carona.

SENATOR CARONA: The Chair recognizes Senator Lucio for an introduction.

SENATOR LUCIO: Thank you, Mr. President. Mr. President and members, at this time I would like us to welcome a fine group of students from my district who are in Austin today learning about our historic Capitol and the legislative process. Will Susan Smith Lingo and the 7th grade student of First Baptist School in Brownsville, Texas please rise? Mr. President and members, please help me welcome and give a Texas size hello to these outstanding young individuals and welcome them to the state Capitol. Thank you.

SENATOR CARONA: Thank you, Senator Lucio. Members, that concludes the morning call. Senator Williams, you're recognized for a motion to suspend the Senate's regular order of business on the Committee Substitute to Senate Bill 1035.

SENATOR WILLIAMS: Thank you, Mr. President. Members, the Committee Substitute to Senate Bill 1035 was brought to us by my Montgomery county tax assessor collector who experienced the negative effects of fraud with motor vehicle titles. The Department of Motor Vehicles Harris County and Montgomery County wanted to make sure that they had the necessary tools for enforcement of motor vehicle title services and this bill goes through and makes a lot of changes to allow for better tracking of what goes on and to reduce motor vehicle fraud. Mr. President, I move to suspend the Senate's regular order of business to take up and consider the Committee Substitute to Senate Bill 1035.

SENATOR CARONA: Members, you heard Senator Williams' motion. Is there any objection? There being none, so ordered. Chair lays out on second reading Committee Substitute to Senate Bill 1035. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1035 relating to motor vehicle titles services.

SENATOR CARONA: Senator Williams, you're recognized for a motion.

SENATOR WILLIAMS: I move passage to engrossment.

SENATOR CARONA: Members, you heard the motion. Is there any objection? There being none, so ordered. Senator, you're recognized for a motion to suspend the constitutional three day rule.

SENATOR WILLIAMS: So moved.

SENATOR CARONA: Constitutional rule is suspended. The Chair lays out on third reading -- secretary will call the roll.

SENATOR CARONA: There being 30 ayes and one nay, the constitutional rules are suspended. The Chair lays to the on third reading and final passage Committee Substitute to Senate Bill 1035. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1035 relating to motor vehicle titles services.

SENATOR CARONA: Senator Williams, you're recognized for a motion.

SENATOR WILLIAMS: I move final passage.

SENATOR CARONA: Members, Senator Williams moves final passage of Committee Substitute to Senate Bill 1035. The secretary will call the roll.

SENATOR CARONA: There being 31 ayes and no nays, the bill is finally passed.

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

SENATOR CARONA: Senator Lucio, you're recognized now for a motion to suspend the Senate's regular order of business on the Committee Substitute to Senate Bill 1248.

SENATOR LUCIO: Thank you, Mr. President. Members, I'd like to move to suspend the Senate's regular order of business to take up and consider the Committee Substitute for Senate Bill 1248. This bill would designate a portion of State Highway 499 in Cameron County as Colonel Bill Card Junior Boulevard. Colonel Bill Card, Jr., was a true American hero and influential leader of the Harlingen community and Pearl Harbor survivor. He served in the United States Marine Corps for 29 years which included service with a joint chief of staff. Helped to bring Southwest Airlines to the Harlingen airport and helped me personally to form the regional academic health center. Colonel Card was also the mayor of Harlingen, the president of Inner First Bank of Harlingen and the commandant of cadet senior Marine instructor and director of the development of the Marine Military Academy in Harlingen Texas. He entered many business -- he enticed many business leaders to the valley with the help of Loop 499. It seems fitting that the road encompasses -- that the road encompasses numerous projects in which Colonel Card has been involved, including the Valley International Airport, the Marine Military Academy, Texas State Technical College and General Dynamics. The dedication of Loop 499 to Colonel Card would forever honor and embed his name in the Harlingen community. He devoted his life's work to his community, and this bill would ensure that the legacy of this great man is never forgotten.

SENATOR CARONA: Members, you heard that explanation. Senator Lucio moves to suspend the Senate's regular order of business. Is there objection? There being none. So ordered. The Chair lays out on second reading Committee Substitute to Senate Bill 1248. The secretary will read the caption.

PATSY SPAW: Designating portion of the State Highway 499 as Colonel Bill Card, Jr. Boulevard.

SENATOR CARONA: The following amendment. The secretary will read the amendment.

PATSY SPAW: Floor Amendment No. 1 by Lucio.

SENATOR CARONA: Senator Lucio, you're recognized to explain your amendment.

SENATOR LUCIO: Thank you, Mr. President. Members, this simply removes the word, Jr., from the word designation at the request of the Card family. Move adoption.

SENATOR CARONA: Members, Senator Lucio moves adoption of Floor Amendment No. 1. Is there any objection? There being none, so ordered. Senator Lucio, you're recognized at this time for a motion.

SENATOR LUCIO: I'd like to move passage to engrossment of the Committee Substitute for Senate Bill 1248.

SENATOR CARONA: Members, you heard the motion. Is there any objection to passage to engrossment? There being none, so ordered. Senator Lucio, you're now recognized for a motion to suspend the constitutional three day rule.

SENATOR LUCIO: So moved, Mr. President.

SENATOR CARONA: Secretary will please call the roll.

SENATOR CARONA: There being 30 ayes and one nay, the constitutional rules are suspended. The Chair lays out on third reading and final passage Committee Substitute to Senate Bill 1248. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 1248 designating State Highway 499 as Colonel Bill Card Boulevard.

SENATOR CARONA: Senator Lucio, you're recognized for a motion.

SENATOR LUCIO: Mr. President and members, I'd like to move final passage for the Committee Substitute for Senate Bill 1248.

SENATOR CARONA: Members, you heard Senator Lucio's motion. The secretary will call the roll.

SENATOR CARONA: There being 31 ayes and no nays, the bill is finally passed.

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

SENATOR CARONA: Senator Zaffirini, you're recognized at this time for a motion to suspend the Senate's regular order of business on the Committee Substitute to Senate Bill 5.

SENATOR ZAFFIRINI: Thank you, Mr. President. Mr. President and members, I move to suspend the Senate's regular order of business in order to take up and consider the Committee Substitute for Senate Bill 5 which relates to the administration and business affairs of public institutions of higher education. Members, there will be six amendments to this bill and they all are acceptable. Repeatedly during your budget cutting finance hearing, we asked higher education officers, what can we do to offer you relief. They answered flexibility and relief from unfunded mandates. This bill is a response to those pleas. The Committee Substitute for Senate Bill 5 is designed to facilitate more efficient operations and to provide administrative flexibility to public institutions of higher education. This flexibility is particularly important in the current budget climate in which institutions are being asked to do more with less. Currently an institution of higher education has more than 200 reporting requirements required by law, rule or policy. The accumulation of required reviews, approvals and state mandates ultimately increase the cost of students' education often without sufficient corresponding value, coordination and oversight. Additionally much discussion has focused on the increasing number of administrative positions within higher education institutions. Many of these administrative positions may be due to the increased state mandates and reporting requirements, few of which are directly related to teaching, service or research. The Committee Substitute for Senate Bill 5 by eliminating many unnecessary administrative burdens would reduce the cost of administration and public universities, would help the institutions do more with less in this budget environment and ultimately provide a lower cost to students. Generally would remove unfunded administrative burdens placed on public higher education institutions relating to financial management, personal procurement, human resources, construction and real estate, board appointments and reports and notices. Mr. President, I move suspension.

SENATOR CARONA: Members, Senator Zaffirini moves suspension of the Senate's regular order of business. Is there objection? There being none, rules are suspended. The Chair lays out on second reading Committee Substitute to Senate Bill 5. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 5 relating to the administration and business affairs of public institutions of higher education.

SENATOR CARONA: Following amendment. Secretary will read the amendment.

PATSY SPAW: Floor Amendment No. 1 by Wentworth.

SENATOR CARONA: Senator Wentworth, you're recognized to explain your amendment.

SENATOR WENTWORTH: Thank you, Mr. President. Members, this amendment will allow institutions of higher education that operate a campus or program such as an extensive study abroad program in a foreign country to open a banking account in that country. The ability to make payments locally in a manner that meets with customary practices is essential to conducting the institution's business with local vendors. Current state law requires institutional deposits to be insured with the Federal Deposit Insurance Corporation, but the banking systems of many foreign countries do not operate in a manner that permits FDIC insurance. This amendment will amend the education code section 51.0013 to provide institutions the ability to maintain unsecured deposits in foreign banks in the amounts necessary to support operations in foreign countries if the bank meets the following three criteria. A banking relationship with only those banks that have capital adequacy, at levels that would qualify them for FDIC insurance in the United States; two, that the foreign bank be licensed and supervised be a central bank; and three, the foreign bank be audited by an accounting firm that follows international financial reporting standards. Mr. President I move adoption of Floor Amendment No. 1.

SENATOR CARONA: Senator Zaffirini, you're recognized on Floor Amendment No. 1.

SENATOR ZAFFIRINI: It is acceptable to the author, Mr. President.

SENATOR CARONA: Members, the amendment is acceptable to the author, and Senator Wentworth moves adoption of Floor Amendment No. 1. Is there any objection? There being none, the amendment is adopted. The following amendment. The secretary will read the amendment.

PATSY SPAW: Floor Amendment No. 2 by Wentworth.

SENATOR CARONA: Senator Wentworth, you're recognized to explain Floor Amendment No. 2.

SENATOR WENTWORTH: Thank you, Mr. President. Members, under current law the Texas public institutions of higher education cannot guarantee to research collaborators, sponsors or funding entities the negotiations, plans and research results and data can be protected against disclosure and held confidential. This uncertainty places Texas public institutions of higher education at a disadvantage with other institutions, both public and private, from other states in competing for many grants and contracts. It is not a surprise that of the top 25 research institutions in the United States, the states in which the majority of these institutions are located have enacted expansive laws and regulations that seek to protect this type of information from disclosure. For example, Georgia, Maryland, Michigan and Pennsylvania have strong state laws that protect against this type of information. Creating the certainty reflected in this amendment would greatly enhance the state of Texas' competitive position as it can be an increasingly global marketplace. Members, this amendment will make the following changes. No. 1, the current text of section 51.914 would become subsection A. It adds subsection B to 51.914B. It removes from the Public Information Act information that would reveal the institution's plans or negotiations for commercialization. The institution's plans or negotiations for research and unpublished research results or data. Subsection B does not apply to information that has been published, patented or is otherwise subject to an executed license, sponsored research agreement or research contract or grant. Subsection B's application would be limited in scope and the current exception to disclosure found in provision of 51.914 after subsection B no longer applies. Mr. President, I move adoption of Floor Amendment No. 2.

SENATOR CARONA: Senator Zaffirini on the Wentworth amendment.

SENATOR ZAFFIRINI: Thank you, Mr. President. Another good amendment by Senator Wentworth. It is acceptable.

SENATOR CARONA: All right. Members, the amendment is acceptable to Senator Zaffirini. Senator Wentworth moves adoption of Floor Amendment No. 2. Is there objection? There being none, the amendment is adopted. The following amendment, the secretary will read the amendment.

PATSY SPAW: Floor Amendment No. 3 by Watson.

SENATOR CARONA: Senator Watson, you're recognized to explain Floor Amendment No. 3.

SENATOR WATSON: Thank you, Mr. President. Members, Floor Amendment No. 3 restores the language of current law that institutions comply with what's in current law on purchasing from people with disabilities. And also from introductions the draft had an ambiguity concerning the listing of current law specific chapters of subtitles D title ten, in addition to the new language referencing all of subtitle D. Again that deals with historically under utilized businesses. And this amendment would resolve that ambiguity. And finally I would point out the Committee Substitute that was drafted had a drafting error that failed to reference only subchapter B of chapter 2254 and this amendment resolves that. I move adoption of Floor Amendment No. 3.

SENATOR CARONA: Senator Zaffirini to speak on the Watson amendment.

SENATOR ZAFFIRINI: Thank you. Acceptable, Mr. President. Thank you, Senator Watson.

SENATOR CARONA: Members, Floor Amendment No. 3 is acceptable to author. Senator Watson moves adoption. Is there any objections? There being none, so ordered. The following amendment. The secretary will read the amendment.

PATSY SPAW: Floor Amendment No. 4 by Birdwell.

SENATOR CARONA: Senator Birdwell, you're recognized to explain Floor Amendment No. 4.

SENATOR BIRDWELL: Thank you, Mr. President. This amendment strikes section .08 of the bill and renumbers the remaining, the section being stricken section 6.08 would have allowed institutions to adopt separate procedures for notification of individuals of security breaches exposing sensitive data. Removal of the section will keep institutional procedures uniform with the procedures applicable to business and other governmental agencies. I move adoption of the amendment.

SENATOR CARONA: Senator Zaffirini on Floor Amendment No. 4.

SENATOR ZAFFIRINI: Thank you. Acceptable, Mr. President. Thank you.

SENATOR CARONA: Members, this amendment is acceptable to Senator Zaffirini. Senator Birdwell moves its adoption. Floor Amendment No. 4. Is there any objection? There being none, so ordered. The following amendment. Secretary will read the amendment.

PATSY SPAW: Floor Amendment No. 5 by West.

SENATOR CARONA: Senator West, you're recognized to explain Floor Amendment No. 5.

SENATOR WEST: Thank you very much, Mr. President. Members, what this bill -- what this amendment basically does is it still requires -- continues to require that institutions report the number of employees new hires by sex, race, ethnicity and disability.

SENATOR CARONA: Members, you heard that explanation. Senator Zaffirini on the West amendment.

SENATOR ZAFFIRINI: It is acceptable, Mr. President, thank you.

SENATOR CARONA: Members, it is acceptable to Senator Zaffirini. Senator West moves its adoption. Is there any objection to the adoption of Floor Amendment No. 5? There being none, so ordered. The following amendment, secretary will read the amendment.

PATSY SPAW: Floor Amendment No. 6 by Birdwell.

SENATOR CARONA: Senator Birdwell, you're recognized to explain your amendment.

SENATOR BIRDWELL: Thank you, Mr. President. In section 7.01 of the bill we're actually striking subdivision four and repealing subsection six. The Senate committee on higher education (inaudible) for provisions that would have eliminated the coordinating board approval for construction in favor of a provision providing expedited approval of certain projects. With that exception the intent was to preserve current law but this provision was overlooked. The repealed provision authorizes the coordinating board to adjust the dollar value of projects requiring approval and remover of the repealer conforms the Committee Substitute to Senate Bill 5 to that decision and the Senate committee. I move adoption, Mr. President.

SENATOR CARONA: Senator Zaffirini, you're recognized to speak on Floor Amendment No. 6.

SENATOR ZAFFIRINI: It is acceptable, Mr. President. Thank you.

SENATOR CARONA: Members, this amendment is acceptable to the bill's author. Senator Birdwell moves adoption of Floor Amendment No. 6. Is there objection? There being none. So ordered. The following amendment. The secretary will read the amendment.

PATSY SPAW: Floor Amendment No. 7 by Wentworth.

SENATOR CARONA: Senator Wentworth, you are recognized to explain Floor Amendment No. 7.

SENATOR WENTWORTH: Thank you, Mr. President. This is an amendment that would allow the concealed carry of handguns by licensees on campuses of institutions of higher education. We had a long discussion ten days or so ago about this bill. I think everybody understands it pretty well. It's essentially Senate Bill 354. I move adoption of Floor Amendment No. 7.

SENATOR CARONA: Thank you, Senator, for the explanation. Senator Zaffirini on the amendment, Floor Amendment No. 7.

SENATOR ZAFFIRINI: Mr. President, as I said, I expected six amendments and six were acceptable. This one is a surprise. It was just handed to me, I did not expect it and it is not acceptable.

SENATOR CARONA: Members, the amendment is not acceptable to the bill's author. Chair recognizes at this time Senator --

SENATOR ZAFFIRINI: Mr. President, we'd like to approach the podium, please.

SENATOR CARONA: Please come forward. Senator West, you wish to be recognized at this time?

SENATOR WEST: I think I've been recognized and let me just -- parliamentary inquiry, Mr. President.

SENATOR CARONA: State your inquiry.

SENATOR WEST: If this is the -- this amendment essentially is Senator Wentworth's bill to allow guns on college campuses. And so I just need to know kind of where we are as it relates to parliamentary procedure. If this particular amendment goes on the bill, the options are to continue with the bill or the author of the bill, underlying bill, has an option based on Senate tradition to pull the bill down; is that correct? Are there any other options on this?

SENATOR CARONA: Senator, that's essentially correct, but there probably are other options. Strictly going by the parliamentary rules that we operate under. And if you wish to come forward for a further analysis we can do so. But traditionally speaking that's what should happen.

SENATOR WEST: Okay. Thank you very much.

SENATOR CARONA: Members, we have an amendment to the amendments that coming. It will be just a few moments, so I'd ask you to stand at ease for about two minutes. Members, Senator Nichols has decided not to offer his amendment to the amendment and so we will commence shortly. Chair recognizes Senator Wentworth on Floor Amendment No. 7.

SENATOR WENTWORTH: Mr. President, I move adoption of Floor Amendment No. 7 which is essentially Senate Bill 354.

SENATOR CARONA: Senator Duncan, for what purpose do you rise?

SENATOR DUNCAN: Senator Wentworth.

SENATOR CARONA: Senator Wentworth, will you yield?

SENATOR WENTWORTH: Yes, I certainly do.

SENATOR DUNCAN: This doesn't have the amendment that you and I had talked about with regard to the dorms; is that correct?

SENATOR WENTWORTH: And I'm happy to accept that amendment to the amendment. We didn't have time. This was sort of a last minute amendment as has already been described. But I'd be happy to take that amendment as I've been -- Senator Watson had an amendment that I'd be happy to take and Senator Nichols has an amendment that I'd be happy to take as well.

SENATOR CARONA: Members, we have another amendment to the amendment that's being prepared right now and we should have that back in just a few moments. Senator Gallegos, for what purpose do you rise?

SENATOR GALLEGOS: Mr. President, point of the information.

SENATOR CARONA: State your question.

SENATOR GALLEGOS: Are we going to get a copy of all -- I mean, the amendments?

SENATOR CARONA: Before we ask you to vote on the amendments the copy's being distributed to all the of the desks.

SENATOR GALLEGOS: So we can read all the -- do we know how many amendments there are going to be?

SENATOR CARONA: No, sir, we don't. Possibly two amendments to the amendment but we don't have an actual count yet.

SENATOR GALLEGOS: Thank you, Mr. President.

SENATOR CARONA: You're welcome. Senator Zaffirini, you wish to be recognized?

SENATOR ZAFFIRINI: Yes, Mr. President. Mr. President and members, I move to suspend further consideration of the Committee Substitute for Senate Bill 5 to a time certain tomorrow at 11:00 a.m.

SENATOR CARONA: Members, you heard the motion. Is there any objection? There being none, so ordered.

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

SENATOR CARONA: Senator Harris, you're recognized now for a motion to suspend the Senate's regular order of business on SJR13.

SENATOR HARRIS: Thank you, Mr. President. I move to suspend the regular order of business to take up and consider SJR13 at this time. This bill dedicates surplus toll moneys to transportation projects. I move suspension.

SENATOR CARONA: Members, you have heard the explanation. Senator Harris moves to suspend the Senate's regular order of business. Is there any objection? There being none, so ordered. Chair lays out on second reading SJR13. The secretary will read the caption.

PATSY SPAW: SJR13 proposing a constitutional amendment requiring certain revenue collected by a public entity from the use of a tolled highway project in this state to be used only for transportation projects.

SENATOR CARONA: Senator Harris, you're recognized for a motion.

SENATOR HARRIS: Mr. President, I move passage of SJR13 to engrossment.

SENATOR CARONA: Members, you heard Senator Harris' motion. Is there any objection? Senator Williams, for what purpose?

SENATOR WILLIAMS: Mr. President, I'd like to ask Senator Harris some questions to establish legislative intent.

SENATOR CARONA: Do you yield?

SENATOR HARRIS: Yes, sir.

SENATOR WILLIAMS: Senator Harris, The relevant text of SJR 13 provides as follows, "Sec. 7-c. Revenue collected by a public entity from the use of a tolled highway project in this state, other than an international bridge, that is not dedicated to repayment of debt for the project may be used only for the acquisition, construction, operation, maintenance, or improvement of transportation projects." The intent seems to be to ensure that toll revenues are used only on transportation projects and not be diverted to non-transportation uses such as sports facilities, hospital districts, etc. Is that correct?

SENATOR HARRIS: Yes.

SENATOR WILLIAMS: So your intent is not in any way to limit the manner in which toll agencies operate and deliver transportation projects under current or other reasonable business practices that might be necessary or appropriate for carrying out their basic mission, which is to finance and deliver those transportation infrastructure projects. Is that correct?

SENATOR HARRIS: That is correct.

SENATOR WILLIAMS: Would it be appropriate for me to clarify that this SJR would not prohibit or limit toll agencies from using toll revenues to pay general operational and administrative costs, whether or not directly or indirectly related to a particular transportation project.

SENATOR HARRIS: That is correct.

SENATOR WILLIAMS: Then the term "operation" should be intended to read very broadly so as to include the full range of operational and administrative costs?

SENATOR HARRIS: Correct.

SENATOR WILLIAMS: Okay. Senator Harris, I'd also like to clarify the term "transportation project" and be sure that it's your intent that this should include the full range of cost associated with the development of transportation infrastructure including without limitation traffic and revenue studies, demographic studies, feasibility reports, engineering and design cost, construction costs, financing and other contract terms which may or may not constitute "debt," right-of-way acquisition, demolition costs, utility relocations, environmental studies, remediation and other related costs, grading separations, interchanges, administration facilities, drainage, striping, signals, signage, etc.

SENATOR HARRIS: Correct.

SENATOR WILLIAMS: We should be careful that the SJR does not inadvertently restrict or limit a toll agency from doing any action or paying any cost that would limit in any way its ability to carry out its basic functions such as restricting a toll agency from paying rent and utilities on an administration building. Is that your intent?

SENATOR HARRIS: That's correct.

SENATOR WILLIAMS: Okay. The only "new" restriction resulting from this SJR would be that toll agencies would not be able to use toll revenues on non-transportation projects, which we do not believe they do anyway.

SENATOR HARRIS: Yes. That's our intent.

SENATOR WILLIAMS: Okay. Thank you. Mr. President, I would move that our remarks be reduced to writing and included in the journal.

SENATOR CARONA: Members, you've heard Senator Williams' motion. Senator Harris, did you have something to say?

SENATOR HARRIS: I think we need to also put in the record the questions that I was just asked.

SENATOR CARONA: Yes, it's the entire exchange between you. You heard Senator Williams' motion. Is there any objection? Hearing none, so ordered. Senator, you might even bring those forward.

SENATOR WILLIAMS: I will do that. Thank you.

SENATOR CARONA: Senator Harris is now recognized for a motion for passage to engrossment of SJR13. Is there any objection? There being none, so ordered. Senator Harris you're now recognized for a motion to suspend the constitutional three day rule.

SENATOR HARRIS: So moved.

SENATOR CARONA: The secretary will call the roll.

SENATOR CARONA: There being 30 ayes and no nays, constitutional rules are suspended. The Chair lays out on third reading and final passage SJR13. The secretary will read the caption.

PATSY SPAW: SJR13 proposing a constitutional amendment requiring certain revenue collected by a public entity from the use of a tolled highway project.

SENATOR CARONA: Senator Harris, you're recognized for a motion.

SENATOR HARRIS: Move final passage.

SENATOR CARONA: Members, Senator Harris moves final passage of SJR13. The secretary will call the roll.

SENATOR CARONA: There being 31 ayes and no nays, the SJR is finally passed. The Chair at this time recognizes Senator Deuell for a motion.

SENATOR DEUELL: Thank you, Mr. President and members. On April 26th, 2011, Governor Perry requested that the nomination of Carol Frost Tredway to be a member of the state employee charitable campaign policy committee be withdrawn. Ms. Tredway resigned April 20th, 2011. Members, the governor requested that the Senate return this nomination to him. I move that the Senate grants the request from the governor and return this nomination.

SENATOR CARONA: Members, you heard Senator Deuell's motion. Is there any objection? There being none, so ordered. Senator Davis, you're recognized for a motion to suspend the Senate's regular order of business on Senate Bill 627.

SENATOR DAVIS: Thank you, Mr. President and members. I move to suspend the Senate's regular order of business to take up and consider Senate Bill 627. Members, Senate Bill 627 would allow the commissioner's court of accounting to handle tax

(inaudible) financing agreements on behalf of other tax paying units, specifically hospital districts that are within their jurisdiction. This would only be permitted if the court already sets the tax rate or levies taxes on behalf of that taxing unit which again, as I said, includes hospital districts. Mr. President, I move to suspend the regular order of business.

SENATOR CARONA: Members, you heard Senator Davis' motion. Is there any objection? There being none, so ordered. Chair lays out on second reading Senate Bill 627. Secretary will read the caption.

PATSY SPAW: Senate Bill 627 relating to participation by certain taxing units in a tax increment financing.

SENATOR CARONA: The following amendment. Secretary will read the amendment.

PATSY SPAW: Floor Amendment No. 1 by Davis.

SENATOR CARONA: Senator Davis to explain her amendment.

SENATOR DAVIS: Thank you, Mr. President. The Floor Amendment would ensure that any specific existing paying agreements between taxing entities would be honored. This is at the request of Harris County. And I moving adoption of that Floor Amendment No. 1.

SENATOR CARONA: Members, Senator Davis moves adoption of Floor Amendment No. 1. Is there any objection? There being none, so ordered. Senator Davis, you're recognized for a motion.

SENATOR DAVIS: Thank you, Mr. President. I move passage to engrossment.

SENATOR CARONA: Members, Senator Davis moves passage to engrossment of Senate Bill 627 as amended. Is there any objection? There being none, the rules -- bill is passed to engrossment. Senator Davis, you're recognized for a motion to suspend the constitutional three day rule.

SENATOR DAVIS: Thank you, Mr. President. So moved.

SENATOR CARONA: The secretary will call the roll.

SENATOR CARONA: There being 30 ayes and one nay, the constitutional rules are suspended. The Chair lays out on third reading and final passage Senate Bill 627. The secretary will read the caption.

PATSY SPAW: Senate Bill 627 relating to participation of certain taxing units and tax increment financing.

SENATOR CARONA: Senator Davis, you're recognized for a motion.

SENATOR DAVIS: Mr. President, I move final passage of Senate Bill 627.

SENATOR CARONA: Members, Senator Davis moves final passage of Senate Bill 627. The secretary will call the roll.

SENATOR CARONA: There being 31 ayes and no nays, the bill is finally passed.

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

SENATOR CARONA: The Chair at this time recognized Senator Whitmire for a motion.

SENATOR WHITMIRE: Mr. President and members, if I could have your attention. I would move that we recess -- that the Senate stand in recess for the purposes of a full Senate caucus to go over some procedural matters at this time.

SENATOR CARONA: Members, you heard the motion. Is there any objection? There being none, so ordered.

(In recess.)

LT. GOVERNOR DEWHURST: The Senate will come to order. Members, the Chair signs in the presence of the Senate the following.

PATSY SPAW: Senate Bill 85, Senate Bill 323, Senate Bill 439, Senate Bill 527, Senate Bill 638, Senate Bill 1226, Senate Bill 1846, HCR136, HCR134, HCR120, House Bill 613 and House Bill 612.

LT. GOVERNOR DEWHURST: Members, the president's desk is clear. Are there announcements? Senator Eltife.

SENATOR ELTIFE: Thank you, Mr. President. Mr. President and members, I'm giving notice that the local and uncontested calendar session will be held tomorrow April 28th at 8:00 a.m. Also the deadline to turn in bills to have considered for next week's local and uncontested calendar is tomorrow April 28th at 4:00 p.m. And, Mr. President, I also have a motion. I move to suspend Senate rule 11.13 so that committees can meet tomorrow morning during the local and uncontested calendar session and today during the reading and referral of bills.

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

SENATOR WILLIAMS: Thank you, Mr. President. Members, the Senate committee on transportation and homeland security will resume at 5:30 p.m. today.

LT. GOVERNOR DEWHURST: Thank you, Senator Williams. Mr. Doorkeeper.

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

LT. GOVERNOR DEWHURST: Admit the messenger.

MESSENGER: Mr. President, I'm directed by the House to inform the Senate the House has taken the following action and the House has passed the following measures. HB78 by Flynn relating to --

LT. GOVERNOR DEWHURST: The following motion in writing. The secretary will read the motion by Senator Whitmire.

PATSY SPAW: Permission to introduce bills. Mr. President, I move suspension of Senate rule 78.7B to permit the introduction of the following bills. Senate Bill 1919 by Gallegos relating to the election in single member districts of the governing body of certain populous municipalities. Senate Bill 1920 by Gallegos relating to the powers of the coastal water authority affecting the authority to issue bonds. Motion by Whitmire.

LT. GOVERNOR DEWHURST: Thank you, Madam Secretary. Members, you heard the motion by Senator Whitmire. Is there objection from any member? The Chair hears no objection from any member, and the motion is adopted. The Chair recognizes Senator West for an announcement.

SENATOR WEST: Mr. President and members, the Senate committee on intergovernmental relations will reconvene at 5:00 p.m.

LT. GOVERNOR DEWHURST: 5:00 p.m.

SENATOR WEST: In room E1028.

LT. GOVERNOR DEWHURST: Thank you, Senator West. Chair recognizes Senator Van de Putte for an announcement.

SENATOR VAN DE PUTTE: Thank you, Mr. President. Mr. President and members, the Senate committee on veteran affairs and military installation will meet at about 5:15 or upon adjournment of the Republican caucus in the Betty King room. Thank you.

LT. GOVERNOR DEWHURST: Are there any additional announcements? Any additional announcements? Hearing no announcements, the Chair recognizes the dean of the Senate for a highly privileged motion.

DEAN OF THE SENATE: Thank you, Mr. President. I move that pending the reading and referral of bills that the Senate recess until 8:00 a.m. tomorrow so that we may consider a local and uncontested calendar at that time, and at the conclusion of that calendar Senate will adjourn until Thursday April 28th at 11:30. And I ask that we do this in memory of Clifton L. Taylor.

LT. GOVERNOR DEWHURST: Thank you, Dean. Members, you heard the motion by Senator Whitmire. Is there objection from any member? The Chair hears no objection, and the Senate will stand in recess until 8:00 a.m. tomorrow morning to consider the local calendar. Upon the conclusion of the local calendar the Senate will stand adjourned until 11:30 tomorrow pending the reading and referral of bills.

PATSY SPAW: House Bill 2170. To Health and Human Services. House Bill 2337. To Criminal Justice. House Bill 2561. To State Affairs. House Bill 2680. To Business and Commerce. House Bill 2694. To Natural Resources. House Bill 2779. To Intergovernmental Relations. House Bill 2806. To Transportation and Homeland Security. House Bill 2991. To Business and Commerce. House Bill 3234. To Health and Human Services. House Bill 3372. To Natural Resources. House Bill 3510. To Transportation Homeland Security. House Bill 3726. To Administration.

SENATOR WILLIAMS: Pursuant to a motion previously adopted the Senate will stand in recess until 8:00 a.m. tomorrow for the local calendar.

(Adjourned.)