Senate Transcript, April 6, 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. Ladies and gentlemen, first I'm going to call on -- I'm going to recognize Senator Lucio to introduce the pastor for the day. Chair recognizes Senator Lucio.

SENATOR LUCIO: Thank you, Mr. President. Members, it's my distinct honor to welcome Bishop Daniel Florez from the Catholic Diocese of Brownsville. Bishop Florez was born in 1961. Bishop Florez was born in 1961 in Palacio, Texas. After attending the University of Texas for two years, he decided to enter the seminary in 1981. He received a bachelor of arts in philosophy in 1983. A masters of divinity in 1987 and a doctorial degree in theology in 2000. In January 1988 he was ordained to the priesthood for the Diocese of Corpus Christi and has served the Catholic Church in a number of capacities. On December the 9th, 2010, he received the highest honor when Pope Benedict the 16th named him the 6th Bishop of the Diocese of Brownsville, Texas. The homilies that he has given have not only touched my heart but the hearts of all of us who are fortunate to have him as our bishop. Members, it gives me great pleasure to welcome and introduce His Most Reverend Bishop Florez as our chaplain for the day. Thank you, members.

LT. GOVERNOR DEWHURST: Thank you, Senator Lucio. Would all those on the floor please rise and in the gallery please rise for the invocation this morning to be delivered by the Most Reverend Daniel Florez, the Bishop of Brownsville.

PASTOR: Let us pray. Lord God, Heavenly Father, we humbly invoke Your assistance over this legislative assembly and over each of its members. We ask that the deliberations of the Senate state of Texas be imbuked in the spirit of right judgment and wisdom and that the decisions made here reflect a selfless and disinterested concern for the public good. May each Senator act with generous concern for the good of all and may their votes be a reflection of a good and clear conscience. May they take to heart all their exercise of the political judgment will effect the lives of the children, women and men who form the communities great and small, wealthy and poor that make up the state of Texas. Oh, Lord, bless all of us in this state to take up generously our responsibilities to one another. That ours may be a peaceable reflection of that kingdom of justice, compassion and peace which though not yet come to fulfillment is yet destined by Your grace to renew the face of the earth. Amen.

LT. GOVERNOR DEWHURST: Amen. Thank you, Bishop. Ladies and gentlemen, you can be seated. Thank you so much. Ladies and gentlemen, what I wanted to do was also to recognize that we're honored to have on the Senate floor three, six, eight -- eight Arch Bishops -- I'm sorry, nine Arch Bishops and Bishops here in the Capitol today. So I just want to thank you very much, Bishops. Members, Senator Whitmire moves to dispense for the reading of yesterday's journal. Is there objection from any member? The Chair hears no objection from any member, so ordered. Mr. Doorkeeper.

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

LT. GOVERNOR DEWHURST: Admit the messenger.

MESSENGER: Mr. President, I'm directed by the House to inform the Senate that the House has taken the following action. The House has passed the following measures. HB109 by Brown relating to --

LT. GOVERNOR DEWHURST: The Chair lays out the following floor amendment, Floor Amendment No. 717 by Senator Lucio. The secretary will read the resolution.

PATSY SPAW: Senate Resolution 717 recognizing the members of the Catholic Conference delegation and declaring April the 6th, 2011, as their Advocacy Day at the State Capitol. By Lucio.

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

SENATOR LUCIO: Members, if I could have your attention just a second. Indeed it is my great honor to introduce this resolution as our 717 recognizing the Texas Catholic Conference who are here at the Capitol for their advocacy day. Members, there are nearly million Catholics spread across 15 diocese. Texas Catholics are from a multitude of backgrounds, races and walks of life. Catholic ministries served over 75,000 college students and nearly 400,000 school children in religious educational programs. There are also hundreds of parish based social ministries. Members, as you know the Catholic church is a profoundly pro-life community. We believe that life is a gift of the Almighty. Not because we deserve this gift but that we are worthy of it through His grace. Life in all its fullness, life in its opportunities and hardships, in tough choices and difficult circumstances. The shared life of ours is affected by the spills over into public policy, hence the need for days like today. The Texas Catholic conference advocates strongly for life not in a narrow meaning but in a holistic one. There is -- that is why pro-life principles echo throughout the conference's policy priorities in the hope that Texas can have a pro-life criminal justice system, a pro-life immigration process and most importantly a pro-life budget that protects the vulnerable and enables all to live ever live. Members, we have with us here today on the floor the Bishops of the Texas Catholic Conference. The Bishops lead the church in this state as it seeks to nourish both the souls and bodies of many Texans. They are here today to advocate for the Texas Catholic Bishops public policy concerns. I will start with an incredible, spiritual, and incredible leader, and one was fortunate to meet in Houston, Texas and he serves as the Arch Bishop of Galveston and in Houston. His Imminence of Daniel Cardinal Dinardo. Thank you for being here with us Bishop, Cardinal. Thank you, Cardinal. Most Reverend Gustavo Garcia Seller, Arch Bishop of San Antonio, thank you for being with us. His Most Reverend -- His Most Reverend and outstanding human being I met as Father Mobely, once upon a time but now, the Bishop of Corpus Christi Most Reverend William Michael Mobely. Once again, the Most Reverend Daniel Ayes Florez, Bishop of Brownsville. Most Reverend Placedo Rodriguez, Bishop of Lubbock. Most Reverend Kevin J. Farrel, Bishop of Dallas. Most Reverend Kevin W. Ban, Bishop of Fort Worth. Most Reverend Joe S. Vasquez, Bishop of Austin. Most Reverend Mark Sikes, Auxiliary Bishop of Dallas. And last and certainly not least Most Reverend Oscar Cantu, Auxiliary Bishop of San Antonio. Members, members, join me in welcoming these men of God to our Senate chamber today. At this time I would like to yield to any of my colleagues who would like to speak on this resolution.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Zaffirini.

SENATOR ZAFFIRINI: Thank you, Mr. President. Mr. President and members, I'm delighted to coauthor this wonderful resolution with my colleague Senator Lucio. And thank you, Senator Lucio for your leadership in introducing and recognizing our fellow Catholics. It's my pleasure to see so many Bishops and even the Arch Bishop here today because they truly play an outstanding role in terms of addressing the issues of Texans. They are not only true to the Catholic religion but more important they do what is right for all Texans, for all families, for all people of all ages. It is there that many of us learned through the Catholic faith and working with the priests and the nuns in our communities to champion the needs of the very young, the very old, the very needy, and persons with disabilities. As a graduate of Versaline Academy, I certainly thank the Bishops who are here today and all of your colleagues who work with you as good Catholics. I especially appreciate the statement that you issued today and I glad the Chair of finance, the members of finance and all other members are here today to listen to the statement they issued. The state's budget is a moral document that reflects the priorities and values of our state and I'm going to repeat that. The state budget is a moral document that reflects the priorities and values of our state, and my hope is that by the time we pass a Senate appropriations bill that it will reflect the highest priorities, the highest needs, the highest values to our state and that the Bishops who are here with us today will be proud of that document. That is my prayer, and I hope it is yours. It's also my pleasure to ask all the Catholics in the gallery and on the floor, the Senators, please rise and be recognized. All of the Catholics. Quite a statement. Thank you, Mr. President and members.

LT. GOVERNOR DEWHURST: Thank you, Senator Zaffirini. Chair recognizes Senator Lucio to close.

SENATOR LUCIO: Mr. President, I'd like to move adoption of Senate Resolution 717.

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

SENATOR OGDEN: Mr. President, members, I ask that all members' names be added to the resolution and ask the Bishops to keep praying for us.

LT. GOVERNOR DEWHURST: We'll be glad to do that. We'll be glad to do that. Members, you heard the motion by Senator Ogden. Is there objection from any member? The Chair hears no objection, and the motion is adopted. The Senate will come to order. Chair recognizes Senator Watson, Senator Watson to introduce the doctor for the day.

SENATOR WATSON: Thank you, Mr. President. Members, I am very pleased to introduce to you somebody who is serving as our physician of the day, and we're glad to have him here with us. That's Dr. Mark Chasay. He does sports and family medicine. He went to medical school at the University of Texas Health Science Center in Houston. Did his residency at Memorial Hospital and the family practice residency program and did a fellowship out in California with Kaiser Permanente. He's board certified by the American Board of Family Medicine. And he does quite a bit of things that are of interest, at least to me and I think to you. He is a member of the Scientific and Prevention Advisory Council of the Cancer Prevention and Research Institute, which I know Senator Nelson is very fond of and very proud of. He's an advisory board member of the Center East HIT Regional Education Center, and he has been on the United States Olympic committee medical staff for the 2008 Olympic games in Beijing, China and is chief medical officer for the upcoming 2011 Para Pan American games that will be held in November in Guadalajara. He is the medical officer with the United States Olympic committee, U.S.A. baseball and U.S.A. karate for the 2007 Pan Am Games in Rio de Janeiro and he has been the chief medical officer for the Paralympic World Cup in 2005. A wonderful resume and we are very honored and pleased that the doctor is here with us to be our physician of the day. Please help me in welcoming Dr. Mark Chasay.

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

SENATOR JACKSON: Thank you, Mr. President and members. It's my pleasure to welcome today to the Capitol the Leadership Mainland delegation. These men and women have traveled to Austin today to learn more about the legislative process and are seated up here in the gallery today. Leadership Mainland is a program sponsored by the Texas City Lamark Chamber of Commerce and it's an opportunity for our up and coming leaders in the community to develop community awareness and personal growth. And in addition to a weekend retreat, and a trip to Austin, the Leadership class meets one day a month to get an in-depth look at the community and all aspects of county and state government. I want to thank all of you for coming up here today to take time to do that. I hope you're having a great time. Members, with y'all please help me welcome the Texas City Lamark Chamber of Commerce Leadership group, they're seated up here. Will y'all please stand up and be recognized? They're right here. Okay.

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

SENATOR URESTI: Thank you, Mr. President. Members, good morning. We have a very special guest here with us this morning. Some of you have had the opportunity to meet him. He is my youngest son Carlos -- we call him Carlitos back home, which he doesn't like. Carlos Uresti, Jr. He is a senior at A&M San Antonio, and he's also a young corporal in the United States Marine Corp Reserve. So will you please help me welcome my son Carlos Uresti, Jr. Thank you.

LT. GOVERNOR DEWHURST: The Chair lays out Senate Resolution No. 709 by Senator Nelson and Senator Uresti. The secretary will read the resolution.

PATSY SPAW: Senate Resolution No. 709 proclaiming April of 2011 to be Child Abuse Prevention Month in Texas. By Nelson and Uresti.

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

SENATOR NELSON: Thank you, Mr. President and members. Senate Resolution 709 recognizes April as child Abuse Prevention Month. Children are our most important resource, and they deserve to grow up in an environment free of abuse and neglect. Unfortunately in far too many cases this doesn't happen. Many of us, Senator Whitmire, are wearing blue ribbons in memory of those who have died. Effective child abuse prevention program succeeds because of partnerships of agencies, schools, religious organizations, law enforcement agencies, and the business community. We thank them for all they do to keep children safe. In the gallery today are members of that community including our Department of Family and Protective Services Commissioner Ann Heligenstein and Child Protective Services assistant commissioner Audrey

(inaudible). Would you all please rise and let us welcome you and thank you for what you what do. Mr. President, I move passage of this resolution.

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

SENATOR URESTI: Thank you, Mr. President. Thank you, Senator Nelson, for bringing this resolution. And for being a champion, a true champion for the children of Texas. Members, Child Abuse Prevention Month provides an opportunity for child advocates to reload and refocus in the fight against abuse and neglect and engage the public to a greater degree in this cause. If you haven't seen it yet, members, there's a letter in your office inviting you to a rally at 1:30 this afternoon for Gold Blue Day. The blue ribbon is a symbol for child abuse prevention, and many of you are wearing it this morning. And it's a reminder that we all have a role to play in keeping kids safe. In each letter I've also enclosed a blue wristband, and I hope you will wear it today, even if you can't attend our rally this afternoon. And if anybody asks you, Senator Watson, what it's for, tell them that you have joined the fight against child abuse and you urge them to do the same. Everyone must get involved, Senator Hegar. And soon I'll be asking you to vote for Senate Bill 1154 which will continue the work of the Blue Ribbon Task Force that this legislature created two years ago. Members, last year in our state more than 288,000 kids were reported for child abuse and neglect. Senator Shapiro, that would fill up the Cowboy stadium three times. Once again, members, 288,000 kids were reported for child and abuse and neglect, enough to fill up the Cowboy stadium three times. And Senator Huffman, CPS confirmed that almost 67,000 of those cases -- CPS confirmed 67,000 of those cases. And Senator Wentworth, 227 kids died from abuse and neglect and sadly that number actually represents progress from 2009 when there were 280 child deaths in Texas. But as long as one child dice our work isn't done. So members, please join us in support of this resolution by Senator Nelson and add your commitment to the common resolve across Texas to fight the discourage of child abuse and neglect. Thank you, Mr. President.

LT. GOVERNOR DEWHURST: Thank you, Senator Uresti. Members, Senator Nelson moves the adoption of the resolution. Is there objection from any member? Chair hears no objection from any member, and the resolution is adopted.

SENATOR NELSON: Thank you, Mr. President. Thank you, members. Thank you, Senator Uresti.

LT. GOVERNOR DEWHURST: Thank you, Senator Nelson. The Chair recognizes Senator Nelson for an introduction.

SENATOR NELSON: Thank you so much, Mr. President and members. A group of my friends and neighbors are here in the gallery today. The member of the Tour 18 Women's Club have come to Austin to visit the Capitol and meet with their legislators and see our beautiful Capitol. As residents of Flower Mound and Denton County they live in a great community, and I am so proud to call that community my home. Would our guests from Tour please rise and let us welcome you to the Texas Senate. Thank you, Mr. President.

LT. GOVERNOR DEWHURST: Thank you, Senator Nelson. Chair lays out Senate Resolution No. 713 by Senator Fraser. The secretary will read the resolution.

PATSY SPAW: Senate Resolution 713 declaring Wednesday April 6th, 2011, as Burnett County Day at the State Capitol. By Fraser.

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

SENATOR FRASER: Thank you, Mr. President and members. We have got a very special group of hometown people here with us today. This is Burnett County Day at the Capitol. Burnett County, I think most of you are aware, was established back in 1852 in the beautiful hill country. At the time it was named after the provisional governor at that time David Burnett and the city of Burnett became the county seat. Also a lot of you are aware of the fact that with the establishment -- we, for years, it was only an agricultural area but with the creation of the Highland lakes, it became a very popular vacation and a recreational area. Most of you probably are not aware of the fact that the Highland Lakes going through central Texas, five of those lakes go through Burnett County. Lake Buchanan, Inks, Lake LBJ, Lake Marble Falls, and a part of Lake Travis. So a lot of the water through central Texas is impounded there in this county. The county is very rich in history. I encourage all of you to go out. And I also would tell you something I'm sure you know. This is one of the fastest growing parts of Texas because it's become a great retirement area. People coming in and wanting to move into our little part of heaven. I would move to adopt Senate Resolution today. We have a group up here behind me that I'm going to want to recognize. The county judge, other elected officials are here. And, Mr. President, I would move to adopt Senate Resolution 713 to celebrate Burnett County Day at the State Capitol.

LT. GOVERNOR DEWHURST: Thank you, Senator Fraser. Members, you've heard the motion by Senator Fraser. Is there objection from any member? Chair hears no objection from any member, and the resolution is adopted.

SENATOR FRASER: Thank you, Mr. President. Now, I would like the Burnett County group to stand up so we can welcome them to the Capitol.

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

SENATOR LUCIO: Thank you, Mr. President. Members, I'd like to welcome the 2011 class of Leadership Mid Valley who are visiting the State Capitol to gain further insight into the working of state government. Leadership Mid Valley is an exceptional program sponsored by the West Loca Area Chamber of Commerce that provides opportunities for participants to develop leadership skills and increases their knowledge of vital public issues. Classes inspire the spirit of activism and provide a diverse membership with networking opportunities and instruction from knowledgeable figures who encourage students to acquaint themselves with the community needs and programs while evaluating possible solutions. Striving to foster a more informed and involved citizenry and to develop new leaders in south Texas, the program is helping to build a brighter and more promising future for the Lone Star State. At this time members, I would ask the Leadership to please rise. Seated in the north side of the gallery. And I would ask, ladies and gentlemen, to please join in with me in giving them a warm welcome to this impressive community leaders, 2011 class of Leadership Mid Valley. Welcome.

LT. GOVERNOR DEWHURST: Thank you, Senator Lucio. 546. The Chair lays out Senate Resolution No. 546 by Senator Watson. The secretary will read the resolution.

PATSY SPAW: Senate Resolution 546 commending Jane Smoot for her work as a long time Austin educator. By Watson.

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

SENATOR WATSON: Thank you very much, Mr. President. Members, I'm really honored today, we all are, to have with us and seated up in the gallery a beloved community leader and educator from Austin, Texas. We're joined today by Jane Smoot, and there she is. She's raising her hand. She was born December 13th, 1919, here in Austin. So if you're doing some quick math that means she's 91 years young last December. She graduated in 1935 from Austin High School. She went on to earn her bachelors and masters degrees in education from the University of Texas at Austin. Ms. Smoot taught in Austin Independent School District for 40 years holding positions at universities, junior high, Filmore Junior High, Austin High School and Travis High School. Ms. Smoot comes from a long line of Texas history. Her father, L.K. Smoot, was a law librarian and editorial reporter for the Texas Supreme Court for years. He's the longest tenured state employee on record. And today Ms. Smoot lives in the family home in Austin that was built by her grandfather in 1876. It's the oldest home in Austin, Texas that's occupied by the same family line. It's a real pleasure to welcome her to the Texas Senate and honor her. Members, I hope you will join me in welcoming this treasured Austin citizen to the Texas Senate. Mr. President, I move adoption of Senate Resolution No.546.

LT. GOVERNOR DEWHURST: That's very nice. Very nice. Members, you've heard the motion by Senator Watson. Is there objection from any member? Chair hears no objection, and the resolution is adopted. And congratulations. Thank you, Senator Watson. The following message from the governor. The secretary will read the message.

PATSY SPAW: To the Senate of the 82nd Legislature Regular Session. I ask the advice, consent and confirmation of the Senate with respect to the following appointments. To be members of the Guadalupe Blanca River Authority board of directors: Myrna Patterson McElroy, Gonzales; Thomas O. Mathews II, Boerne; Dennis L. Patillo, Victoria; Robert Rusty Brockman, Jr, New Bruin Falls; Oscar H. Fogle, Lockhart; Arlene M. Marshall, Port Lanca. Respectfully submitted, Rick Perry, Governor of Texas. To nominations.

LT. GOVERNOR DEWHURST: Thank you, Madam Secretary. Members, we have a memorial resolution. Members, we have a memorial resolution. I'm going to ask if you would please take your chairs. The Chair lays out HCR No. 128 by Senator Zaffirini. The secretary will read the resolution.

PATSY SPAW: HCR128 in memory of U.S. Marine Corp Sergeant Jose Louise Sines, the III of Pleasanton. By Zaffirini.

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

SENATOR ZAFFIRINI: Thank you, Mr. President. Mr. President and members, it is my honor to honor the family of U.S. Marine Corps Jose Louise Sans, III of Pleasanton and him. Sergeant Sines died while serving our country on August 9th, 2010. He was killed by an explosive device while on patrol as a squad leader near Afghanistan. Born in San Antonio, Joey Sines grew up in Pleasanton where he was a member of the varsity football team and the band of Pleasanton High School. He joined the Marine Corps in 2003 and embodied the highest ideals of the United States Armed Forces. In recognition of his service and sacrifice, Sergeant San was posthumously awarded the Purple Heart and the Navy and Marine Corps commendation medal with the combat distinguishing device. In addition to earning many awards for their bravery, the members of his regiment in Afghanistan were named artillery position for fire based science in his honor. It is my honor to sponsor House Concurrent Resolution 128 in memory of Marine Corps Sergeant Jose Luis Sines the III of Pleasanton. In the north gallery today are members of Sergeant Sines' family, and it is my pleasure to ask them to rise and to be welcomed to the Texas Senate. Mr. President, we honor not only Sergeant Sines but the family, the friends, the people who loved him and understand his sacrifice and theirs. I very proudly with great honor for these wonderful people who join us today move passage of House Concurrent Resolution No. 128.

LT. GOVERNOR DEWHURST: Thank you, Senator Zaffirini. And on behalf of the Senate, our sympathy. All of those in favor of this resolution please rise. It being unanimous, the resolution is adopted.

SENATOR ZAFFIRINI: Thank you, Mr. President and members. And in the group are Leonardo and Jose Louise Sines, Jr., his parents, Christy Sines, his wife, and Jose Louise Sines the IV, his son, and many others with us today.

LT. GOVERNOR DEWHURST: Thank you, Senator. Our sympathy. Chair lays out Senate Resolution No. 657 by Senator Zaffirini. The secretary will read the resolution.

PATSY SPAW: Senate Resolution 657. Whereas, on April 6th, 2011, residents from across Atascoca County are traveling to the State Capitol to celebrate their community's heritage and to share with fellow Texans their history, traditions and achievements; and whereas the name Atascosa derived from the Spanish word for body terrain was used to describe the area as early as 1788. During the first part of the 19th century this grassy prairie region of south Texas attracted Spanish, Mexican and Anglo American settlers. And by the time of the Texas Revolution, its ranching industry was flourishing; and whereas, in 1856 the region was sufficiently populated to be sectioned off from Bexar County. The county seat originally at

(inaudible) was later permanently must haved to the centrally located town of Jordanton; and whereas, the residents of Atascoca County have made many notable contributions to the economy and culture of Texas and they may take justifiable pride in the place that they call home. Now, therefore be it resolved that the Senate of the State of Texas 82nd Legislature hereby recognize April 6th, 2011, as Atascoca County Day at the State Capitol by Zaffirini.

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

SENATOR ZAFFIRINI: Thank you, Mr. President. Mr. President and members, what an honor it is to recognize my constituents from Atascoca County and to recognize this day that brings them to the Texas Capitol. Atascoca County is home to 45,000 of my constituents who live in unique communities including Campbellton, Charlotte, Christine, Jordanton, Liddell, Pleasanton and Potite. Atascoca County reaps enormous economic benefits from its abundance of natural resources and is blessed with productive range and irrigated farmland. Oil and gas also play a significant role in the county's ongoing development. The city of Pleasanton, the county's trading center, is proud of its ranching heritage and is known as the birthplace of the cowboy. Nearby Potite is the strawberry capital of the world and just last weekend hosted the Potite Strawberry Festival, some of you, I'm sure, have had strawberry ice cream from HEB. It is one of the largest agricultural festivals in Texas. Today I'm delighted to welcome some esteemed Atascoca County leaders in the north gallery, and it is my pleasure to ask them to rise and be recognized as their names are called. County Judge Deanna (inaudible), Commissioner Long Gillespie, Commissioner William Torres, County Clerk Diane Gonzales, the mayor of Jordanton Larry Pryor, the mayor of Potite Irene Ramos and the president of the Jordanton ISD board of trustees Ramon Deleon. Will they all please rise along with the rest of the delegation from Atascoca County and be welcomed to the Texas Senate, as I move adoption of Senate Resolution 657.

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

SENATOR URESTI: Thank you, Mr. President. And I too join with my colleague and my good friend Senator Zaffirini. For many of you may not know that I grow up in Liddell, Texas and some of my best years as a young child were walking down Old Bedden City Road, if y'all recall, and I actually walked miles to school every morning and back. And I took my kids out there because they didn't believe me. But it was 6 miles uphill both ways and in the snow on many days. But seriously the Liddell Pirates are deep in my heart, and I want to welcome all of you to our State Capitol. Thank you.

SENATOR ZAFFIRINI: Thank you. Thank you, Mr. President. Mr. President and members, clearly Senator Uresti covets in Atascoca County in redistricting. He's not going to get it. Thank you. Mr. President, I move adoption.

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

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

LT. GOVERNOR DEWHURST: The following report from the nominations committee, the Chair recognizes Senator Deuell to explain the report.

SENATOR DEUELL: Thank you, Mr. President. Members, I move to confirm the nominees that are listed on the committee action report placed on your desks. These nominees were taken up at our Monday April 4th meeting.

LT. GOVERNOR DEWHURST: Thank you, Senator Deuell. Are there any requests to sever? The request to sever is granted. The confirmation -- all right. The Chair recognizes Senator Watson.

SENATOR WATSON: Thank you, Mr. President. Mr. President, I move to sever the name of Charles Eugene nominated for the Office of State Federal Relations from the list.

LT. GOVERNOR DEWHURST: The request to sever is granted. The question is on the confirmation of the nominees on the report with the exception of Charles Roy, the Office of State Federal Relations. The secretary will call the roll.

LT. GOVERNOR DEWHURST: There being 31 ayes and no nays, the nominees are confirmed. Members, that concludes the morning call. We've got eight bills lined up for this afternoon as we start. Chair recognizes Senator Watson for a motion to suspend the Senate's regular order of business to take up and consider Committee Substitute to Senate Bill 1501.

SENATOR WATSON: Thank you, Mr. President. Mr. President, members, I move to suspend the Senate's regular order of business to take up and consider at this time Senate Bill 1501 -- the Committee Substitute to Senate Bill 1501 which adds behavioral energy efficiency programs that leads to measurable and verified energy reduction programs to the list eligible through the state energy efficiency program. I move suspension of the rules.

LT. GOVERNOR DEWHURST: Members, you've 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 Committee Substitute to Senate Bill 1501. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 1501 relating to energy and efficiency conservation programs administered by the Public Utility Commission.

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

SENATOR WATSON: Mr. President, I move passage of the Committee Substitute Senate Bill 1501 to engrossment.

LT. GOVERNOR DEWHURST: Members, you've heard the motion by Senator Watson. Is there objection from any member? Chair hears no objection from any member, and Committee Substitute to Senate Bill 1501 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 30 ayes and one nay, the rule is suspended. Chair lays out on third reading and final passage Committee Substitute to Senate Bill 1501. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 1501 relating to energy and efficiency conversation programs administered by the Public Utility Commission.

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

SENATOR WATSON: Mr. President, I move final passage of Committee Substitute to Senate Bill 1501.

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

LT. GOVERNOR DEWHURST: There being 31 ayes and no nays, a Committee Substitute to Senate Bill 1501 is finally passed.

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

LT. GOVERNOR DEWHURST: Chair recognizes Senator Huffman for a motion to suspend the Senate's regular order of business to take up and consider Senate Bill 1098.

SENATOR HUFFMAN: Thank you, Mr. President. I move to suspend the Senate's regular order of business to take up and consider Senate Bill 1098. Texas has a problem with music piracy. Street vendors and retail locations sell fraudulent sound recordings openly throughout the state and are supplied by large scale underground manufacturing distributions operations. In 2010 alone over three-quarters of a million illegal CDs and counterfeit movies were seized in our state. Music piracy deprives aspiring musicians, production companies and record labels of hard earned revenue and can result in the loss of important jobs in Texas. Current law contains protections for artists and aspiring musicians against piracy. However, statute does not contain a restitution provision allowing victims to recoup losses from those profiting from the sale of illegal pirated content. Senate Bill 1098 strengthens the piracy laws in Texas by making clear that restitution is property in music piracy cases and must be awarded to the victims of music piracy. Additionally Senate Bill 1098 updates the definition of devices capable of storing unauthorized recordings to include hard drives, flash drives and memory cards. This bill does not deal with illegal online downloads, rather it specifically targets street vendors and retailers who sell fraudulent recordings. It provides law enforcement, prosecutors and judges with prudent legal tools to better protect Texas' music industries. Mr. President, I move to suspend the regular order of business.

LT. GOVERNOR DEWHURST: Thank you. Members, you've heard the motion by Senator Huffman. Is there objection from any member? Chair hears no objection, and the rule is suspended. The Chair lays out on second reading Senate Bill 1098. The secretary will read the caption.

PATSY SPAW: Senate Bill 1098 related to certain offenses involving unauthorized recordings.

LT. GOVERNOR DEWHURST: The Chair lays out Floor Amendment No. 1 by Senator Patrick. The secretary will read the amendment.

PATSY SPAW: Floor Amendment No. 1 by Patrick.

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

SENATOR PATRICK: Thank you, Mr. President. And Senator Huffman, this is a good bill, I've carried it in the past. It strengthens the code and helps on piracy. Members of the broadcast profession, radio and television wanted to be sure that this does not apply to them. This amendment would clarify it does not, and I believe it's acceptable.

SENATOR HUFFMAN: Yes, it is acceptable to the author.

SENATOR PATRICK: Thank you.

SENATOR JOHN CARONA: The question, members, is on the adoption of Floor Amendment No. 1. Is there any objection? There being none, the amendment is adopted. Chair lays out on -- Senator, you're recognized for a motion.

SENATOR HUFFMAN: Move passage to engrossment.

SENATOR CARONA: Members, you've heard Senator Huffman's motion. Is there any objection? There being none, bill is passed to engrossment. Senator Huffman is now recognized for a motion to suspend the constitutional three day rule.

SENATOR HUFFMAN: 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 1098. The secretary will read the caption.

PATSY SPAW: Senate Bill 1098 relating to certain offenses involving unauthorized recordings.

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

SENATOR HUFFMAN: I move for final passage of Senate Bill 1098.

SENATOR CARONA: Members, you have heard the motion. The secretary will call the roll.

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

SENATOR HUFFMAN: Thank you, Mr. President.

SENATOR CARONA: The Chair at this time recognizes Senator Jackson on Senate Bill 324.

SENATOR JACKSON: Thank you, Mr. President. Members, Senate Bill 324 amends the statute to allow the University of Houston Clear Lake to expand downward to offer freshman and sophomore level classes as a four year university, and this change would take effect the year 2012 and 2013 and it's a community agreed to movement that I think will be very beneficial to Senate District 11. And I would move to suspend the rules, Mr. President.

SENATOR CARONA: Members, Senator Jackson moves to suspend the Senate's regular order of business on Senate Bill 324. Is there any objection? There being none, so ordered. The Chair lays out on second reading Senate Bill 324. The secretary will read the caption.

PATSY SPAW: Senate Bill 324 relating to the coarse levels offered by the University of Houston Clear Lake.

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

SENATOR JACKSON: Thank you, Mr. President. I move that we pass Senate Bill 324 to engrossment.

SENATOR CARONA: Members, Senator Jackson moves that Senate Bill 324 pass to engrossment. Is there any objection? There being none, so ordered. The Chair -- Senator Jackson is recognized for a motion to suspend the constitutional three day rule.

SENATOR JACKSON: 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 324. The secretary will read the caption.

PATSY SPAW: Senate Bill 324 relating to the course levels offered by the University of Houston Clear Lake.

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

SENATOR JACKSON: Thank you, Mr. President. I move final passage of Senate Bill 324, and I appreciate the members' support.

SENATOR CARONA: Members, you have heard Senator Jackson's motion. The secretary will call the rolling.

SENATOR CARONA: There being 31 ayes and no no's, the bill is finally passed. The Chair at this time recognizes Senator Rodriguez for a motion on Committee Substitute to Senate Bill 1094.

SENATOR RODRIGUEZ: Mr. President and members, I move that we suspend the regular order of business and all necessary rules to take up and consider Committee Substitute for Senate Bill 1094 at this time. Mr. President and members, Senate Bill 1094 amends the education code to direct State Board of Education to develop rules to administer the GED test online and verify test takers' identity. The Committee Substitute 1094 is a refile of Senate Bill 669 which unanimously passed the full Senate last session. Senator West was a coauthor. The bill died on the House general calendar. Currently the GED test must be taken at an official testing center. This places a burden on working Texans who may find it difficult to find time to travel to and take the test at an official testing center. Senate Bill 1094 requires the State Board of Education to develop rules and procedures to administer the GED online including procedures to verify the identity of the test taker. Senate Bill 1094 passed the Senate education committee unanimously, and there is no fiscal note or cost to local government of schools. Mr. President, I move to suspend the regular order of business.

SENATOR CARONA: Members, you've heard the motion. Is there any objection to the suspension of the Senate's regular order of business? There being none, so ordered. Chair lays out on second reading Committee Substitute to Senate Bill 1094. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1094 relating to the availability of online testing for high school equivalency examination.

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

SENATOR RODRIGUEZ: Mr. President, members, I move passage of the Committee Substitute for Senate Bill 1094 to engrossment.

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

SENATOR RODRIGUEZ: Mr. President, members, I move to suspend the constitutional rule that bills be read on three several days so that the Senate can take up and consider Committee Substitute Senate Bill 1094 on third reading and final passage.

SENATOR CARONA: Members, you have heard the motion. 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 Committee Substitute to Senate Bill 1094. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1094 relating to the availability of online testing high equivalency examination.

SENATOR CARONA: Senator Rodriguez for a motion.

SENATOR RODRIGUEZ: Mr. President, members, I move final passage of Committee Substitute to Senate Bill 1094 and ask for your support.

SENATOR CARONA: Members, you have heard the motion. The secretary will call the roll.

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

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

SENATOR CARONA: Senator Ellis, you're now recognized for a motion to suspend the Senate's regular order of business on Committee Substitute to Senate Bill 122.

SENATOR ELLIS: Thank you, Mr. President and members. This bill will revise the state's post conviction DNA testing statute to make sure that the biological evidence has not been tested to prove someone's innocence or apprehend the true perpetrator, it will be tested. It's been endorsed by a group of stakeholders who worked on it during the interim. Similar language unanimously passed the Senate last session, and it died in the House. It also adds a definition of biological material and requires that unidentified DNA profiles found during the post conviction DNA testing will be compared with the FBI and DPS DNA database. That was something requested by law enforcement. Such a comparison could be used to quickly identify the actual perpetrator and exonerate the wrongfully convicted person. Mr. President, I move the rules to consider and take up Committee Substitute Senate Bill 122 at this time.

SENATOR CARONA: Members, you've heard Senator Ellis' motion. Is there any objection? There being none, so ordered. Chair lays out on second reading Committee Substitute to Senate Bill 122. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 122 relating to post conviction forensic DNA analysis.

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

SENATOR ELLIS: I move passage to engrossment.

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

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

SENATOR CARONA: The secretary will call the roll.

PATSY SPAW: Committee Substitute Senate Bill 12 relating to post conviction forensic DNA analysis.

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

SENATOR ELLIS: Thank you, Mr. President. I move final passage.

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

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

SENATOR ELLIS: Thank you.

SENATOR CARONA: Senator Watson, you are now recognized to suspend the Senate's regular order of business on Senate Bill 701.

SENATOR WATSON: Thank you very much, Mr. President. Members, I move to suspend the Senate's regular order of business to take up and consider at this time Senate Bill 701 which will encourage the state to post online data sets containing information agencies already collect about their operations. The data would need to be in an accessible format and completely compliant with current public information laws and the posting of it could not be of cost to the state. Mr. President, I move suspension of the rules.

SENATOR CARONA: Members, you've heard Senator Watson motion. Is there any objection? There being none, so ordered. Chair lays out on second reading Senate Bill 701. The secretary will read the caption.

PATSY SPAW: Senate Bill 701 relating to high value data sets of state agencies posted on the internet.

SENATOR CARONA: Senator Watson, you're recognized for a motion at this time.

SENATOR WATSON: Mr. President, I move passage of Senate Bill 701 to engrossment.

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

SENATOR CARONA: There being 31 ayes and no nays, the bill is passed. Senator Watson is recognized now for a motion to suspend the constitutional three day rule.

SENATOR WATSON: So moved, Mr. President.

SENATOR CARONA: The secretary will call the roll.

SENATOR CARONA: There being 30 ayes and no nays, the constitutional rules are suspended. Chair lays out on third reading and final passage, Senate Bill 701. The secretary will read the caption.

PATSY SPAW: Senate Bill 701 relating to high value data sets of state agencies posted on the internet.

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

SENATOR WATSON: Mr. President, I move final passage of Senate Bill 701.

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

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

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

SENATOR CARONA: Senator West, could you come forward?

SENATOR WEST: Senator Whitmire, for what purpose do you rise?

SENATOR WHITMIRE: Mr. President, I'd like to make an introduction. I'd like to join my colleague Senator Gallegos to recognize some of our fine firefighters from Houston. Am I recognized for that purpose?

SENATOR WEST: You are recognized for that purpose.

SENATOR WHITMIRE: Today is Firefighters Day at the State Capitol, and Senator Gallegos and Senator Huffman, Patrick, Ellis, entire Houston delegation, Senator Jackson, Tommy Williams, all of us are proud of the courage that our firefighters demonstrate each day. And they're with us today. And I would ask my colleagues to join me with joining and recognizing the Houston firefighters from local 341 and their president Jeff Tennen in the south gallery. Gentlemen, we appreciate you coming to Austin and the job you do back home while we're back here trying to make this a better state. All your colleagues around the state, we know the dangers and sacrifices you make and we certainly appreciate it and would like to recognize you. And I yield to Senator Gallegos before I ask our friends to stand.

SENATOR WEST: Senator Gallegos.

SENATOR GALLEGOS: Thank you, Mr. President. I also want to join my colleague and my colleagues from Houston on the floor to welcome my brothers and sisters from the Houston Fire Department. And, you know, it's -- obviously those of us -- well, let's say, myself, you know, I always say, even when I got elected, my traditional saying is once a firefighter, always a firefighter. That's not the case with me, but I just want you to know to my colleagues on the floor, you know, these men and women risk their lives every day. We've had a lot of, you know, death -- deaths while on duty and they just, you know, deserve all our respect. And not only the Houston firefighters but all the firefighters not only in the state of Texas but across this country and I want to welcome my brothers and sisters from the Houston Fire Department and especially those from Local 341. Please colleagues, Mr. President, help me welcome our heroes, the Houston firefighters, from Houston Texas. Will you please rise?

SENATOR WEST: Senator Patrick, you're recognized.

SENATOR PATRICK: Thank you, Mr. President. Firefighters from Houston, Dan Patrick here, and like our fellow senators from Houston, we greatly appreciate what you do for our community, President Canan, good to have you here with your members. Again, we can never say enough that every day when you go to work, you're prepared to put your life on the line for the families of Senate District 7 and for all the families in greater Houston and we can never thank you enough for doing that. Thank you very much for being here.

SENATOR WEST: Thank you very much for being here. Senator Carona is recognized for a motion on -- a motion to suspend the regular order of business on Senate Bill 1087.

SENATOR CARONA: Thank you, Mr. President. Members, Senate Bill 5 which we passed back in 2005 made Texas the first state in the nation to adopt a new regulatory framework for providers of video services. More specifically video service providers entering the market after 2005 were allowed to forego municipal franchise agreements and apply to the PUC directly for state issued certificates of franchise, which we refer to as SICFAs when entering the video franchise market. However, some existing cable providers were required to operate under different rules than their competitors. Thus providing new market entrants certain advantages over incumbent providers. SICFA holders are required to permit a fee of 5 percent of gross revenue and 1 percent of the public and education governmental programming fee. However, incumbent providers still under franchise agreements must pay the cities the agreed to amount and subscriber fee. Incumbent cable providers are also required to provide the institutional network capacity or what's referred to as INET. And lastly, current law does not address audit procedures for franchise fee payments. So what this bill does is help equalize video provider treatment in Texas by allowing cable providers the ability to terminate existing municipal franchise agreements and opt into SICFAs, which again, are the statewide agreements on a provider wide basis. The bill also ends certain outdated INET obligations for incumbent cable providers, but cable service to the community public buildings will continue until expiration of franchise agreements. Since the municipalities can currently review an audit video cable service business records as far back as they wish, this bill puts the reasonable limit in place of up to a 48-month period proceeding the payment of the last franchise fee. The bill also ensures accountability and transparency of the 1 percent peg fee by requiring the municipalities to maintain a separate account for these peg fees and to give providers a detailed accounting of the deposits and disbursements from these peg accounts. And finally the bill also clarifies that franchise fees paid by SICFA holders should not be deemed a tax and closes the loophole so that municipalities with only one peg channel at the time of SB5 can now receive two or three channels depending on population. With that, I'll move to suspend the Senate's regular order of business.

SENATOR WEST: Senator Zaffirini, for what purpose do you rise?

SENATOR ZAFFIRINI: To ask a question of the author of the bill.

SENATOR WEST: Senator Carona, will you yield?

SENATOR CARONA: Yes, certainly.

SENATOR WEST: Senator Zaffirini.

SENATOR ZAFFIRINI: Senator Carona, my constituents in the city of Laredo have an institutional network INET that is provided by Time Warner. This INET is provided not pursuant to a local franchise but as part of a settlement agreement that was entered into by the parties to resolve litigation a number of years ago. Would Senate Bill 1087 affect this INET agreement?

SENATOR CARONA: No, ma'am, it would not impact it at all, and that agreement would keep it in place.

SENATOR ZAFFIRINI: Thank you, Senator. I appreciate your courtesy.

SENATOR CARONA: You're welcome.

SENATOR WEST: Senator Carona moves suspension of the regular order of business to take up and consider at this time Senate Bill 1087. Is there objection? Hearing none, the rules are suspended. The Chair lays out on second reading Senate Bill 1087. The secretary will read the caption.

PATSY SPAW: Committee Substitute 1087 relating to state issued certificates of franchise authority to provide cable service and video service.

SENATOR WEST: The following amendment by Carona. Secretary will read the amendment.

PATSY SPAW: Floor Amendment No. 1 by Carona.

SENATOR WEST: President recognizes Senator Carona to explain the amendment.

SENATOR CARONA: Thank you, Mr. President. This amendment cleans up language proposed in committee to close the loophole by which municipalities with only one peg channel were not allowed to receive the amount of two or three peg channels as provided in current statute. It also gives the bill one effective date October 2011.

SENATOR WEST: Are there any questions? Questions on the adoption of the amendment? Is there any objections to the adoption of the amendment? The amendment is adopted. Committee Amendment No. 2 by Duncan. Secretary will read the amendment.

PATSY SPAW: Floor Amendment No. 2 by Duncan.

SENATOR WEST: Chair recognizes Senator Duncan.

SENATOR DUNCAN: Thank you, Mr. President. Members --

SENATOR WEST: On Floor Amendment No. 2. I said Committee Amendment No. 2, I meant Floor Amendment.

SENATOR DUNCAN: Floor amendment, yes, sir. The city of Lubbock has a unique provision in its franchise agreement improvements with the cable company relocating new and existing facilities underground in their downtown area at the cable company's expense. This amendment will allow these provisions -- the amendment I'm proposing now will allow these provisions to continue. This is part of city of Lubbock's long-term downtown redevelopment plan that has been in the works for many years and is starting to be implemented in phases. Unless there are any questions, I will move adoption. I think it's acceptable to the author. I will move adoption of the committee -- Floor Amendment No. 2.

SENATOR WEST: Senator Carona on Floor Amendment No. 2.

SENATOR CARONA: It's acceptable.

SENATOR WEST: The amendment is acceptable. Is there any question on the adoption of Floor Amendment No. 2? Hearing none, Floor Amendment No. 2 is adopted. Senator Carona is recognized for a motion.

SENATOR CARONA: I'm sorry, Mr. President.

SENATOR WEST: Senator Carona, you're recognized on a motion.

SENATOR CARONA: I move passage to engrossment.

SENATOR WEST: Hold for one second. There was a question. Senator Jackson, for what purpose do you rise?

SENATOR JACKSON: If the author will yield.

SENATOR WEST: Senator Carona, will you yield for Senator Jackson?

SENATOR CARONA: Yes, certainly.

SENATOR JACKSON: Thank you. Senator Carona, I just want to make a clarification here on the bill that we have. Under the agreements that were made, I think satellite providers, strictly satellite providers, are going to be playing a part in this in the event this bill passes; is that correct?

SENATOR CARONA: Well, the only way they play a part is this bill, the effective -- this bill going into effect is based on the passage of a separate bill dealing with satellite parody. If the satellite parody bill, which is again a separate piece of legislation, does not pass, then this bill will not go into effect. There is work going on in the House right now with regard to that bill, and I don't really know what the outcome will be. This is truly in every measure a standalone bill and contains none of the tax and fees proposal of that other bill. But, nonetheless, the cities asked that in order for them to support this that they receive the other and that was the agreement that was made at the time.

SENATOR JACKSON: Okay. Could you define or explain a little bit more about satellite -- did you say parody?

SENATOR CARONA: Parody. Yes. I will. Satellite parodies are not -- do not include local sales taxes, they are exempted from local sales taxes. And so when you deal with a cable provider versus a satellite provider in terms of the cost for service, you know, and the ultimate taxation to a bottom line sum, there's not parody between and it gives satellites currently in law in the state an advantage, a competitive advantage. And so there's a bill underway in the House that's been proposed to that out so that both satellite providers and cable providers providing similar services but through different technology are ultimately charging the same to the consumers. And I don't know what the outcome of that bill will be, but only in the event that bill becomes law will this bill become law.

SENATOR JACKSON: Okay. So would parody be achieved by removing the sales tax from the cable operators or would it be adding a new sales tax that is not being charged now?

SENATOR CARONA: There are actually two different bills that take differing approaches that you're describing, and so I don't know which bill ultimately the House will pursue.

SENATOR JACKSON: It's -- okay. I understand it's quite a bit of money that we're talking about here.

SENATOR CARONA: It has a potential to be, yes, it does.

SENATOR JACKSON: Like hundreds of millions of dollars.

SENATOR CARONA: Roughly all in I believe about 200.

SENATOR JACKSON: Okay. Thank you, Senator Carona.

SENATOR WEST: Chair recognizes Senator Carona on a motion.

SENATOR CARONA: I move passage to engrossment.

SENATOR WEST: Senator Carona moves passage of engrossment of Senate Bill 1087. Is there objection? Hearing none, Senator Carona is recognized on a motion to suspended the constitutional rule that bills be read on three several days.

SENATOR CARONA: So moved, Mr. President.

SENATOR WEST: Secretary will call the roll.

SENATOR WEST: There being 27 ayes and four nays, the three day rule is suspended. Chair lays out on third reading and final passage Committee Substitute Senate Bill 1087. The secretary will read the caption.

PATSY SPAW: Committee Substitute 1087 relating to state issued certificates of franchise authority of cable service.

SENATOR WEST: Senator Carona is recognized for a motion.

SENATOR CARONA: I move final passage.

SENATOR WEST: Senator Carona moves final passage of Committee Substitute to Senate Bill 1087. The secretary will call the roll.

SENATOR WEST: There being 28 ayes and three nays, the bill is finally passed.

SENATOR CARONA: Thank you, Mr. President.

SENATOR OGDEN: Senator Zaffirini. Senator Zaffirini is recognized for a motion to suspend the regular order of business on Committee Substitute to Senate Bill 28.

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 at this time the Committee Substitute for Senate Bill 28 by Zaffirini and Wentworth. It relates to eligibility for Texas grant and for administration of the Texas grant program. This bill is reported favorably by the higher education committee by a vote of seven to zero, and it reflects the recommendations of the LBB's report Predictors of Access and Success, a General Academic Institution. Because the state does not fund the Texas grant program fully, often there are significant numbers of students who do not receive the grant. If Texas grants were funded fully, we would not need this bill. Many of these students who qualify show strong academic progress while in high school. At the end -- the Committee Substitute for Senate Bill 28 would keep a need based requirement while ensuring that low income high school graduates who show the most potential for success are awarded Texas grants to pursue their higher education. Generally the Committee Substitute for Senate Bill 28 would ensure that the institution allocation of Texas grants will continue to be based on the number of low income students attending that institution. It would place a statutory ceiling on the expected family contribution necessary to qualify for a Texas grant, allow institutions of higher education to distribute Texas grants to nonpriority students after the priority students are served -- of course, we need a funding to do that -- and it would create a priority model for Texas grants for new student enrolled in fall 2013. To receive priority status, a student must be a resident of the state and complete the recommended high school program, those are current requirements, and meet two of the four criteria. Namely first, complete the advanced high school program or complete at least 12 semester credit hours of college course work. Second, satisfy the Texas Success Initiative, the TSI college readiness benchmarks or qualify for an exemption. Third, be graduated in the top one-third of the high school class or achieve a grade point average of at least 3.0 on a 4.0 scale. Or fourth, complete at least one advanced mathematics course beyond an algebra math course. Again, the student would meet two of those four criteria. Not all four. Two of the four. Students who have received an associates degree also are eligible. In all cases, priority or otherwise, all students must meet the income requirements set by the coordinating board, remain enrolled in at least a three-fourths of a full course load. That's nine semester credit hours. Or if the student is a member of the military or a transfer student with an associate's degree, enrolled within 12 months after being honorable discharged or receiving an associates degree. The Committee Substitute for Senate Bill 1028 also authorizes institutions of higher education to make tentative Texas grant awards to students who are on track to meet the relevant requirements. I believe there is one more amendment, Mr. President, and I move suspension.

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

SENATOR WEST: To ask a question of the author.

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

SENATOR WEST: Senator Zaffirini, I voted for this bill in committee.

SENATOR ZAFFIRINI: You did.

SENATOR WEST: And I've gone back and forth on support of this particular new model, if you will, in terms of how we go about awarding Texas grants to students in the state of Texas. So let's stop for one second to kind of talk about how we're funding financial aid in the state of Texas. Do you have any statistics at all with you right now? And I know I didn't get a chance to ask you beforehand, so you may or may not have statistics in terms of how much we're spending on financial aid in the state of Texas.

SENATOR ZAFFIRINI: Well, we have those in our subcommittee, Senator, and I hope you as Chair will prioritize financial aid and, of course, my No. 1 priority would be to fully fund Texas grants. We do not have information, as you know, as to what level we will fund Texas grants. But if we did fully fund them, we would not need this bill.

SENATOR WEST: As I recall, when the bill was introduced, I think we cut Texas grants like 41 --

SENATOR ZAFFIRINI: 41 percent --

SENATOR WEST: 41 percent --

SENATOR ZAFFIRINI: -- when Senate Bill 1 was introduced and I'm hoping to change that.

SENATOR WEST: Well --

SENATOR ZAFFIRINI: I know you are too.

SENATOR WEST: Without a question. As we look at the change, there's been some criticism that the neediest of students who are C students now won't qualify to get Texas grants under this model. Can you address that issue?

SENATOR ZAFFIRINI: Certainly. And this is such a myth about this bill. I think there is some criticism that has been raised that perhaps applied in 2009 or 2007, as you recall, Senator. You and I and other persons, other members of this body opposed that; legislation for those reasons. But at this point in time 70 percent of the students who qualify for Texas grants also would meet at least two of the four criteria, if not more. What's happening now is that at most, but not all, institutions students are awarded Texas grants on a first come, first served basis. Now, you and I know, Senator, that the poorest of the poor are not likely to be the first in line. So if the Texas grants are awarded at a first come, first serve basis at some institutions, but not at others, there's no real uniformity about how they're awarded. So this bill, I believe, will help minority students because 70 percent are already meeting at least of the four criteria. And in addition to that, there will be a uniformity of consideration for the students and award a priority for those who are best qualified.

SENATOR WEST: How is the money distributed to institutions? Is it based on the students that go or institutions have a predetermined allotment of the funds?

SENATOR ZAFFIRINI: The money is appropriated based on the number of low income students who go to that institution, and this bill based on your urging and shares that there will be no change in funding for the next biennium in comparison to this one.

SENATOR WEST: And then we'll have an opportunity to kind of look at exactly what's going on and make any adjustments if we need to make those adjustments?

SENATOR ZAFFIRINI: If we need to, but frankly I don't think we will.

SENATOR WEST: Okay. But at least we'll have some history.

SENATOR ZAFFIRINI: We'll have an opportunity.

SENATOR WEST: Okay. Thank you --

SENATOR ZAFFIRINI: And again, Senator, as you know, this bill is based on the LBB's findings based on their report that I mentioned, it is this book that all members of the Senate received. It is titled Predictors of Access and Success, a General Academic Institution. And basically they corroborated the findings of the coordinating board specifically related to this bill. And the findings include differential rate of academic preparation will not result in a substantial change in the overall allocation of Texas grants by race or ethnicity. So I think that is excellent, Senator.

SENATOR WEST: Well, we're going to closely monitoring that, needless to say.

SENATOR ZAFFIRINI: Pardon?

SENATOR WEST: We're going to be closely monitoring that, needless to say.

SENATOR ZAFFIRINI: Absolutely.

SENATOR WEST: To make certain there are no changes and we encourage -- continue to encourage students that go to college and provide them --

SENATOR ZAFFIRINI: Absolutely.

SENATOR WEST: -- the best possible financial resources.

SENATOR ZAFFIRINI: I really think this is an improvement, Senator. If I didn't, I wouldn't sponsor this bill.

SENATOR WEST: Thank you very much.

SENATOR ZAFFIRINI: Thank you.

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

SENATOR LUCIO: Will the Senator yield?

SENATOR ZAFFIRINI: I will.

SENATOR OGDEN: Senator yield for a question?

SENATOR LUCIO: Senator Zaffirini, I join with you in expressing how we feel about Texas grants. To me it's the most effective tool that we have as a state to promote access to higher education. In its 11th year of existence, as you mentioned, over 300,000 students have gone to school with a Texas grant and that's significant. We have the data to prove that Texas grant is a golden ticket, especially in my district. It improves the likelihood that students will achieve their higher educational dreams. And according to the coordinating board, Texas grants recipients have a graduation in a persistent rate that is greater than that of the overall student body average in Texas. I think that's extremely significant, Senator. I commend you for your dedication to higher education and to making an excellent program even better. Given the historical success of Texas grants and its importance to my district, if SB28 passed into law, I will carefully monitor its impact on student recipients. It is critical that we do not let our best intentions inadvertently undermine our achievement toward closing the gap, and I know you'll agree with me on that. The one thing I'm obviously concerned with is the amount of students on Texas grants in this year's budget or this year biennium's budget and the severe cuts that are taking place in higher education and how that's going to impact, you know, freshman classes at three institutions -- four, five, six, institutions of higher learning in my area of the state that I'm obviously very concerned with. Can you give me your comments on that?

SENATOR ZAFFIRINI: Yes, Senator. And this basically is based on the goals of closing the gaps. Because, as you know, closing the gaps focuses on not only on participation but also on success and excellence and research. We have worked so much to increase access, that is, participation and today we are promoting success. And, in fact, the data found by the coordinating board is that students are meeting proposed priority criteria graduate from college at twice the rate of those who don't. So, Senator Lucio, this will have a good impact, a favorable impact on every district in this state, I really believe. And it is because the students are more likely to succeed. So we have worked on access, now we're focusing on success.

SENATOR LUCIO: Well, you have outlined in your bill the five major changes that will take place in the statute. And, of course, one of those would be that your bill would enable eligible students entering military service to retain Texas grants for eligibility for the year following their honorable discharge from the military, should they enroll for at least three-fourths course load, and I think that's extremely important as our young men and women represent us overseas or wherever they're stationed. It's important for them to know that awaiting them will be in Texas this type of program that will ensure their future in higher education.

SENATOR ZAFFIRINI: Thank you, Senator, I appreciate your comments.

SENATOR LUCIO: Thank you.

SENATOR OGDEN: Senator Zaffirini moves suspension of the regular order of business to take up and consider Committee Substitute to Senate Bill 28. Is there objection? Hearing none -- there is objection. Excuse me. Secretary will call the roll.

SENATOR OGDEN: There being 29 ayes and two nays, the rules are suspended. Chair lays out on second reading Committee Substitute to Senate Bill 28. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 28 relating to eligibility of a Texas grant into administration of the Texas grant program.

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

PATSY SPAW: Floor Amendment No. 1 by Van de Putte.

SENATOR OGDEN: Chair recognizes Senator Van de Putte to explain her amendment.

SENATOR VAN DE PUTTE: Thank you, Mr. President. Mr. President and members, the Texas grants program had always been allocated for those in need, so this amendment is a clarifying amendment. Under the bill language there is a priority model which Senator Zaffirini explained. So what the amendment does is it ensures that the poorest of students get the precedence in the priority model in keeping with the intent. So, in other words, the students have to qualify for the priority model, then within the priority model, it expresses that the expected family contribution is actually given to the students with the lowest one. So within the priority model we keep that. This is a clarifying amendment, and I hope that it is acceptable to the author.

SENATOR OGDEN: Chair recognizes Senator Zaffirini.

SENATOR ZAFFIRINI: Thank you, Senator Van de Putte. It is an excellent clarifying amendment. I appreciate your authorship, and it is certainly acceptable to the author.

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

SENATOR HEGAR: Just to ask Senator Van de Putte a question.

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

SENATOR HEGAR: Thank you. Because I'm not completely familiar with the exact details, is this truly clarifies or this sets a new priority? Because obviously we want those with lower income to be able to have an opportunity to attend college. We want everyone, but I guess my question specifically is does this create a fundamental shift or is this really a restatement in what we're doing today? I just want to make sure that we don't begin excluding certain kids in their opportunity for education.

SENATOR VAN DE PUTTE: Under the new criteria for Texas grants, Senator Zaffirini has outlined the new priority model has four criteria and I believe under her explanation, the students have to at least meet two of it. Currently students who have Texas grants, about 70 percent would meet the new priority model, about 70 percent of them. But within the priority model, what we want to make sure is the students with the lowest expected family contribution get the priority, I guess get precedence within the priority model. That was the original intent of the program, so we're keeping with it. And it's just clarifying that we're keeping the neediest students within the priority model first.

SENATOR HEGAR: So there's a four prong priority model and --

SENATOR VAN DE PUTTE: Yes, under Senator Zaffirini's bill.

SENATOR HEGAR: Right. But then with that, this one priority trumps the other three --

SENATOR VAN DE PUTTE: No.

SENATOR HEGAR: -- or does it --

SENATOR VAN DE PUTTE: It's within that priority model. So all of the students have to meet the priority model under Senator Zaffirini's bill, but within that, you take the students with the lowest expected family income --

SENATOR HEGAR: That's within.

SENATOR VAN DE PUTTE: -- within the priority model.

SENATOR HEGAR: The 70 percent that qualify within the two prongs of the four -- then within that you take those of the lowest income.

SENATOR VAN DE PUTTE: That's correct.

SENATOR HEGAR: Until we run out of the money.

SENATOR VAN DE PUTTE: That's correct.

SENATOR HEGAR: Which we will unfortunately.

SENATOR VAN DE PUTTE: Unfortunately. If we fully fund Texas grants, then Senator Zaffirini's bill, but this one is within. So it's within the priority model and that --

SENATOR HEGAR: You essentially have a four part test, you meet two parts, you go into the next step of the pool and the next step of the test as you start from the lowest income and work your way out until you --

SENATOR VAN DE PUTTE: That's correct. So all of the students that under the new priority model meet the priority model, and so your question is do the neediest student within the priority model --

SENATOR HEGAR: Within the priority model --

SENATOR VAN DE PUTTE: -- so they all have to qualify within that priority model.

SENATOR HEGAR: Okay. Thank you, Senator.

SENATOR VAN DE PUTTE: So this is just clarifying that that was the original intent, and we keep that.

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

SENATOR DUNCAN: Just a brief question.

SENATOR OGDEN: You're recognized for a question.

SENATOR DUNCAN: Senator Van de Putte, and I'm trying -- maybe you discussed this with Senator Hegar, but what is relative expected family contribution?

SENATOR VAN DE PUTTE: Under the current rules of the application processes, as I know it, they have a model where they get -- it's called relative family contribution. It is a category that's automatically -- if you remember, if you've ever had to fill out a FASFA, it's the same qualification, if under college students have ever had to fill out a FASFA. It's the expected family contribution, and that's what is normally done on all financial aid including the FASFA.

SENATOR DUNCAN: So this term of art that we're using here "relative expected family contribution" --

SENATOR VAN DE PUTTE: Yes.

SENATOR DUNCAN: -- is a recognized term of art in the FASFA and is already being used?

SENATOR VAN DE PUTTE: It's a contribution, Senator Zaffirini says, of 4,000 under the criteria that she has.

SENATOR DUNCAN: I didn't understand that, I'm sorry.

SENATOR VAN DE PUTTE: I think I would like to yield to Senator Zaffirini. If you want the monetary amount, I think it's 4,000. But the expected family contribution is exactly the terminology that's used in all financial aid and it is the term that is used in the FASFA, which all students must fill out.

SENATOR DUNCAN: I would understand that phrase, I just don't understand what "relative" means.

SENATOR OGDEN: Chair recognizes Senator Zaffirini to answer the question.

SENATOR ZAFFIRINI: Thank you, Mr. Chairman, Mr. President. And as I said in my introduction, in all cases, all cases, priority or otherwise, all students must meet the income requirements set by the coordinating board. At this point to qualify the expected family contribution is set at $4,000. In other words, those who are eligible are members of families who could not contribute more than $4,000 per year to their education.

SENATOR DUNCAN: So does relative, Senator Zaffirini, is that -- what does that mean? Is that the term? Is that the term when you put family --

SENATOR ZAFFIRINI: Yes, in fact, it's called the EFC, you may be used to hearing EFC. It means expected family contribution.

SENATOR DUNCAN: I understand that, but it's not REFC, it's F -- what does "relative" mean?

SENATOR ZAFFIRINI: EFC, expected family contribution.

SENATOR DUNCAN: I understand that, but the amendment called for relative expected family and I don't know what that means. That word, I don't know if it means anything, it may not, I'm just -- it's not the term of art that I expected and it may be insignificant. I'm just trying to understand why it would be in there.

SENATOR ZAFFIRINI: I do not believe that is changing it at all, Senator. I believe that what Senator Van de Putte's amendment does is it's clarifying the legislative intent of the original Texas grants which was need based. In fact, I think that her amendment is excellent because it marries need based scholarships with merit.

SENATOR DUNCAN: I understand that, but I just want to make sure we're using -- we're not confusing the terms of art here when we add "relative" because I'm not sure what that's relative to and anyway -- that's my question, Senator. I would like to follow that through as we go through the bill. I think this is a good bill, and I support it wholeheartedly.

SENATOR ZAFFIRINI: Thank you.

SENATOR OGDEN: The question is on the adoption of Floor Amendment No. 1. There is objection. The secretary will call the roll.

SENATOR OGDEN: There being 21 ayes and 10 nays, the amendment is adopted.

SENATOR VAN DE PUTTE: Thank you, Mr. President. Thank you, members.

SENATOR OGDEN: Senator Zaffirini is recognized for a motion.

SENATOR ZAFFIRINI: Thank you, Mr. President. I move passage to engrossment of the Committee Substitute for Senate Bill 28.

SENATOR OGDEN: Is there objection? There is objection. The secretary will call the roll.

SENATOR OGDEN: There being 26 ayes and 5 nays, the bill is passed to engrossment. Senator Zaffirini is recognized for a motion to suspend the constitutional three day rule.

SENATOR ZAFFIRINI: Thank you, Mr. President. Mr. President and members, I move to suspend the constitutional rule that bills be read on three several days.

SENATOR OGDEN: Senator Zaffirini moves to suspend the constitutional three day rule. The secretary will call the roll.

SENATOR OGDEN: There being 25 ayes and 6 nays, the constitutional three day rule is suspended. Chair lays out on third reading and final passage Committee Substitute to Senate Bill 28. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 28 relating to eligibility for a Texas grant into administration of the Texas grant program.

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

SENATOR ELLIS: To briefly speak against final passage of my friend's bill.

SENATOR OGDEN: You're recognized to speak in opposition.

SENATOR ELLIS: Mr. President and members, I think I raised my concerns in committee but for those of you who were not there, I am against raising the standards because I think we set the motion in place for this bill when we deregulated college tuition in Texas and somehow tried to convince ourselves that after deregulating college tuition it would go up. And historically every session has been a fight and Senator Wentworth has been a strong advocate of this bill since the very beginning, even back when he was a House member. But it was need based. And the bill in great part, the Texas grants bill, not your bill, Senator, the Texas grants program was based on Georgia's Hope scholarship program. And Georgia made two big mistakes, in my judgment. No. 1, they gave it initially to every household with a combined income of 100,000 a year and for every kid coming out of high school in Georgia with a B average. It led to grade inflation, but the bill was so popular, they took the $100,000 cap off. So to give Georgia Hope scholarship a year ago, if you came out of high school with a B average, regardless if you are a billionaire's child, you could get a Hope scholarship. Now, we learned some lessons from that when we passed our version of the Hope scholarship bill in Texas, and it was called the Hope scholarship when it passed the Senate, might I add, on the House side they decided to change the name to Texas grants. You will remember that, Senator Zaffirini.

SENATOR ZAFFIRINI: Vividly.

SENATOR ELLIS: But what we're doing here by raising the standards, many of our border institutions, Hispanic serving institutions, historically black colleges of Texas, Prairie View and Texas Southern, they're going to have a challenge. And the challenge is going to be that those kids who oftentimes came out of public high schools that did not do a decent job of preparing them and in part because of decisions we have made on this floor and we're going to make again, those kids ended up in college, they had to take the remedial classes but somehow a lot of them made it. Not in four years or six years, but a lot of them made it. And I think by raising these standards, those kids are going to be the ones who are going to be less apt to borrow the money in part because of the cost of college tuition in Texas, because of an action we took in 2003 is just ridiculously high. It is interesting also that this bill only applies to our public universities and you have not heard from many of them, but if you call them and ask them privately what they think it would mean to them, they will tell you, if you ask them in a nonintimidating tone that they believe that a lot of those kids, the poorer kids, the more diverse students on that campus are not going to show up the next cycle and that is the real problem I have with this bill. I want to close with this. We don't apply this to TEG, and I'm not going to make an amendment to apply it to TEG because I don't think we ought to apply it to them as well, and also nor would have the votes. And I know that the author is concerned it would kill the bill, although she agrees with me, how could you have a different standard for kids who are in our public schools than our private schools? We give 27.5 percent of our state money, money from us, for college tuition, for free tuition, 27.5 percent goes to our fine students that are at private schools in Texas and they constitute 7.5 percent of our student population. But they will speak up for their kids and they have certainly inundated me with calls letting me know that if we put this priority model on their students, it would significantly reduce the diversity of their student population and it would make it more difficult for the lower income kids to go. And my prediction for you all is that that is what's going to happen when this bill goes into effect for our public universities. So I hope you just remember these brief comments. While I disagree with my friend on the Senate floor. I wish you would put a sunset provision in here. And if not, when we come back two or four years from now, I hope you will seriously consider repealing this language. Thank you. And thank you, Senator Zaffirini. You put a lot of work into this including late hours of the night threatening me. So that's why I waited until you had your votes until I said anything. Thank you.

SENATOR ZAFFIRINI: Thank you, Senator Ellis. I appreciate your leadership in addressing this issue and also your charm.

SENATOR OGDEN: Well, with that, Senator Zaffirini is recognized for a motion.

SENATOR ZAFFIRINI: Thank you, Mr. President. I move final passage of Committee Substitute for Senate Bill 28.

SENATOR OGDEN: The secretary will call the roll.

SENATOR OGDEN: There being 24 yays and seven nays, the bill is finally passed.

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

SENATOR OGDEN: President's desk is clear. Are there any announcements? Chair -- Senator Eltife, for what purpose do you rise?

SENATOR ELTIFE: Mr. President, I have an announcement and a motion.

SENATOR OGDEN: You're recognized for both.

SENATOR ELTIFE: For both? Thank you. Mr. President and members, I'm giving notice that the local and uncontested calendar session will be held tomorrow April 7th at 8:00 a.m. A copy of the calendar has been furnished to each of you. The bills and resolutions will be considered on second and third reading in the order listed. I also move to suspend Senate Rule 11.13 so that committees can meet tomorrow morning during the local and uncontested calendar.

SENATOR OGDEN: Members, you have heard the motion. Is there objection? Chair hears none, so ordered.

SENATOR ELTIFE: Thank you, Mr. President.

SENATOR OGDEN: Chair recognizes Senator Carona for an announcement.

SENATOR CARONA: Yes, Mr. President for a committee announcement. Members, I just want to remind you that the business and commerce committee will meet promptly at 1:30. Our first business today will be to vote on pending bills before we begin testimony on TWIA. So please do your best to be there at 1:30. That's when we'll start, and it's in the Capitol extension auditorium.

SENATOR OGDEN: Chair recognizes Senator Wentworth for an announcement.

SENATOR WENTWORTH: Mr. President, in the absence of Chairman West, the IGR committee will meet 30 minutes after adjournment in the Capitol extension.

SENATOR OGDEN: Senator Fraser is recognized for an announcement and a motion.

SENATOR FRASER: Thank you, Mr. President. I would move to suspend Senate Rule 11.10 and 11.18 so the Senate Committee on Natural Resources can meet tomorrow morning at 8:30 in Extension 1012 to take up the following bills. We will be hearing two bills. Senate Bill 15 by Fraser relating to the state energy policy and the -- of energy development and utilization. Senate Bill 1475 by Shapiro relating to environmental and public health protection regarding smelter facilities in which lead acid battery recycling activities are conducted.

SENATOR OGDEN: Is there objection to the motion? There is objection. Secretary call the roll.

PATSY SPAW: What am I calling the roll for?

SENATOR OGDEN: The motion to suspend the posting rules. Members, is there objection to Senator Fraser's motion to suspend the posting rules to take up two bills in his committee tomorrow morning? Chair hears none, motion's adopted.

SENATOR FRASER: Mr. President, can I make an announcement? The Senate Committee on Natural Resources will meet tomorrow morning at 8:30 a.m. in E1.012.

SENATOR OGDEN: Senator Jackson. Senator Jackson is recognized for a motion to suspend the posting rules.

SENATOR JACKSON: Thank you, Mr. President. Members, I move to suspend the 24-hour posting rule in accordance with Senate Rules 11.10 and 11.18 in order for the Senate Committee on Economic Development to hear the following bill at today's hearing in the Senate chamber in addition to the bills that were previously posted. That bill being Senate Bill 1314 by Zaffirini which relates to unemployment compensation eligibility and chargebacks regarding certain persons who are victims or whose immediate family members are victims of sexual assault.

SENATOR OGDEN: Members, you've heard the motion. Is there objection? The Chair hears none, the motion is adopted. Senator Williams, you're recognized for a motion.

SENATOR WILLIAMS: Thank you, Mr. President. Members, the Senate Committee on Transportation and Homeland Security will meet in room E1016 30 minutes upon adjournment. We'll take up the remaining bills from this morning's agenda: Senate Bill 1605 and Senate Bill 1601, and we'll vote on the bills that have been previously announced.

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

SENATOR WENTWORTH: Mr. President, apparently we're making announcements about committees that meet tomorrow morning, so I'll announce that the Open Government Committee will meet at 8:30 in the Betty King Room.

SENATOR OGDEN: Tomorrow morning? Senator Jackson, for what purpose do you rise?

SENATOR JACKSON: Announcement.

SENATOR OGDEN: You're recognized to make an announcement.

SENATOR JACKSON: Thank you, Mr. President. Members, the Senate Committee on Economic Development will meet 30 minutes after adjournment today here in the Senate chamber.

SENATOR OGDEN: Senator Van de Putte, for what purpose do you rise?

SENATOR VAN DE PUTTE: For an announcement, Mr. President.

SENATOR OGDEN: You're recognized for an announcement.

SENATOR VAN DE PUTTE: Thank you. The Senate committee on Veteran Affairs and Military Installations will meet today at 1:30 in the Betty King Room. Thank you, Mr. President.

SENATOR OGDEN: Members are there any other announcements? Are there any other motions to suspend the rules? All right. Members, would you take your seats for an adjournment motion in memory of several individuals. Chair recognizes the Dean of the Senate for a highly privileged motion.

DEAN OF THE SENATE: Thank you, Mr. President and members. And before I would move to adjourn, I would like to yield to my colleague Senator Estes.

SENATOR OGDEN: Senator Estes, you're recognized.

SENATOR ESTES: Thank you, Mr. President. Thank you, Dean. Mr. President and members, I rise now to ask you to join me in honoring the life of a fallen soldier. While extending condolences and gratitude to his parents, his wife Becky and his infant son. Just this past Sunday, April the 3rd, Army Lieutenant Robert "Robbie" Forest Welch the III of Wily, Texas was killed in action during an attack on his base in Afghanistan. Lieutenant Welch had already been awarded the Army achievement medal, the national defense service medal, the Army service ribbon for his service and has been posthumously awarded the bronze star medal and purple heart. Members, I ask that we all take a moment to reflect on the life and sacrifice of one of our own. President Abraham Lincoln once referred to the selfless sacrifice of a soldier as the last full measure of devotion. Although there's nothing we can say or do to properly honor that measure of devotion, we nevertheless acknowledge the debt of gratitude for his actions that can never be paid. Mr. President, I move we adjourn today in memory of Lieutenant Welch and the ultimate sacrifice he made last Sunday in service of his country.

SENATOR OGDEN: Senator Whitmire.

SENATOR WHITMIRE: Thank you, Mr. President. I move that the Senate recess until 8:00 a.m. tomorrow so that we may consider a local and uncontested calendar at that time. At the conclusion of that calendar, the Senate will adjourn until 10:00 a.m. Thursday, April 7th. We do this in memory of Army First Class Lieutenant Robert Forest Welch the III, Sergeant Scott H. Burgess, a constituent of Senator Ogden's, Sergeant Jose Luis Sines the III, constituent of Senator Zaffirini, and we passed the resolution earlier today honoring. I do that at this time, Mr. President.

SENATOR OGDEN: Is there objection? The Chair hears none, the Senate stands in recess until 8:00 a.m. tomorrow to consider local calendar.

(Adjourned.)