Senate Transcript, May 17, 2011

SENATOR STEVE OGDEN: Senate will come to order. Senator Eltife, will you introduce the pastor of the day please?

SENATOR KEVIN ELTIFE: Thank you, Mr. President and members. It's my honor on behalf of Senator Ogden to introduce Reverend Charles Patterson, pastor, Church of the Hills, Cedar Park. Charles and his wife Marquita founded Church of the Hills in 1985 and partnered together as coleaders since that time. The church is made up of people from diverse religious backgrounds, and Charles enjoys strong relationships with many pastors in the Austin area. Throughout the years Charles and Marquita have traveled to many parts of the globe ministering to the church at large and encouraging leaders. They have two grown children and four grandsons. Pastor, we welcome you to the Texas senate and we thank you once again for leading us in prayer.

SENATOR STEVE OGDEN: All on the floor and in the gallery please rise for the invocation to be delivered by Pastor Charles Patterson, Church of the Hills in Cedar Park.

PASTOR: Shall we pray? Father God, thank You for the members, the men and women of this legislative body, thank You for their willingness to make personal sacrifices to serve us, the people of the state of Texas. Bless their homes, bless their families, their vocational pursuits and their finances. Thank You for those who assist them and grant them a sense of personal well being today. Father, I pray that Your counsel and Your wisdom will prevail on the remaining deliberations and decisions of this legislative session and may the decisions made here reflect Your heart and Your purposes for the people of the state of Texas. Father, the Scripture declares that You are good. May we the people of the state of Texas live with Your favor and goodness resting upon us. I ask that You break the drought conditions that have plagued our state and send the rains to water the earth. May the people of our state prosper in body, soul, mind and spirit. Bless our nation and may the decision made here serve the best interest of our state as well as our nation. I ask these things in the name of Jesus Christ. Amen.

SENATOR STEVE OGDEN: Thank you, Pastor Patterson. Those in the gallery may be seated. Mr. Doorkeeper.

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

SENATOR STEVE OGDEN: : Admit the messenger.

MESSENGER: Thank you, Mr. President. Mr. President, I'm directed by the House to inform the Senate that the House has taken the following actions: The House has concurred in Senate amendments to the following measures, HB563.

SENATOR STEVE OGDEN: Thank you. Chair recognizes Senator Watson to introduce the doctor of the day.

SENATOR KIRK WATSON: Thank you very much, Mr. President and members. The doctor of the day is someone that's no stranger to us because it's someone who volunteers to help us on frequent occasions and we're very grateful for Dr. Julie Graves Moye who is with us again today. You will remember that Dr. Moye is the medical services coordinator at the Texas Department of Aging and Disability Services, the state supportive living centers division. She is a 1983 graduate -- excuse me, I may need to see her -- she's a 1983 graduate of the University of Texas Southwestern and a 1979 graduate of Baylor University. Dr. Moye, thank you again for being our doctor of the day. Members, help me welcome once again Dr. Julie Graves Moye.

SENATOR STEVE OGDEN: Thank you, Doctor. Members, the -- members, can I have your attention? We only have a short resolution period this morning. We have a couple of resolutions, and then it's the Chair's intention to take up the redistricting bill. So -- and that will occur shortly. So for those of you that have an interest in that matter, it will be on the floor here shortly. Following resolution by Watson. Secretary will read the resolution.

PATSY SPAW: Senate Concurrent Resolution 52, WHEREAS, The Legislature of the State of Texas is pleased to recognize Donn and Arlene Adelman, whose civic commitment has contributed greatly to the quality of life in Austin and beyond; and WHEREAS, Donn and Arlene Adelman have played a vital role in raising money for Crime Stoppers, an organization dedicated to assisting law enforcement agencies in the fight against crime; and WHEREAS, This generous couple owns and operates the legendary Donn's Depot, an iconic business that has been named by Esquire magazine as one of the top ten beer joints in the nation; for 33 years, they have provided a venue where hospitality and music combine to create a welcoming atmosphere in which people from all walks of life come together; and WHEREAS, Donn and Arlene met as students at The University of Texas at Austin, and they have been married 46 years; Arlene served as a teacher in the Austin Independent School District, and Donn has over the course of several decades mentored generations of young musicians and encouraged them in their careers; and WHEREAS, Each year, Donn and Arlene host a golf tournament for Crime Stoppers in memory of their son who was killed in a robbery; the tournament has raised thousands of dollars to help make the community a safer place, and Donn and Arlene are truly deserving of recognition for their outstanding work with this worthy organization; now, therefore, be it RESOLVED, That the 82nd Legislature of the State of Texas hereby commend Donn and Arlene Adelman on their legacy of service to the community and their dedicated efforts on behalf of Crime Stoppers and extend to them best wishes for continued success in all their future endeavors; and, be it further RESOLVED, That a copy of this resolution be prepared for this distinguished couple as an expression of esteem from the Texas Legislature by Watson.

SENATOR STEVE OGDEN: Chair recognizes Senator Watson on the resolution.

SENATOR KIRK WATSON: Thank you very much, Mr. President and members. I am very honored to have with us today a very special couple, as you heard from that resolution, it says it very well, that they are a couple that has meant a great deal to central Texas and to the city of Austin, as was pointed out by the secretary as she was reading that resolution. Donna Arlene Adelman have been fixtures in the Austin music scene for many, many years and Don's Depot has been one of those key iconic places for anybody, let's say, that spends any time listening to or maybe enjoying a beer or two from time to time, Don's Depot is a place that people know has been there long as I can remember, maybe forever, on the corner of West Lynn and Fist Street in Austin, Texas. As the secretary pointed out in the resolution, they have nurtured a lot of the Austin music scene over the years and been a place where you knew that new young generations of musicians in Austin would have the opportunity to be heard and mentored. But also we'd be remiss if we didn't point out the great work they've done on behalf of Crime Stoppers. Borne out of tragedy, they have taken a bad event and turned it into somethings that touched thousands of lives in central Texas and made us a safer place. So we owe them a debt of gratitude in that regard. Again, as was pointed out in the resolution, this couple, their commitment to serve our community in a variety of ways is deserving of our recognition. So, members, please join me in welcoming Don and Arlene Adelman to the Texas Senate. And, Mr. President, I move passage of SCR52.

SENATOR STEVE OGDEN: Is there objection to the adoption of the resolution? Chair hears none, resolution is adopted. Senator West. Senator West. Following resolution by Birdwell. Secretary will read the resolution.

PATSY SPAW: Senate Resolution 963 declaring May 17th, 2011, as Best Robotics Day at the State Capitol by Birdwell.

SENATOR STEVE OGDEN: Chair recognizes Senator Birdwell on the resolution.

SENATOR BRIAN BIRDWELL: Thank you, Mr. President. Members, today in the Senate gallery on the south side we have some very special visitors here with us in celebration of Best Robotics Day. The BEST program, which stands for Boosting Engineering Science Technology is a nonprofit volunteer driven organization with a mission to engage middle and high school students in science to participation and competitive events. The skills these young Texans are building go beyond science and technology though. Members, the BEST programs are helping to develop leadership. Organization, communication, and team work skills that they will use in their future careers. The program is engaging more than just Texans too since its inception in Greyson County back in 1993, the program has moved to 13 states and more than 600 schools. We have students and BEST coaches from all over visiting today, but I'd like to recognize the students from the programs at Waco Hub, if I may. Standing in the south gallery along with Dr. Stuckly, the president of the Waco campus of Texas state Technical College. Leading the group is Dr. Becky Meusle, the executive director of strategic initiatives at TATC Waco. We have some other special guests representing the program as well. At this time, Mr. President, I'd like to yield to Senator Estes and Senator Van de Putte for additional introductions and comments.

SENATOR STEVE OGDEN: Chair recognizes Senator Van de Putte on the resolution.

SENATOR LETICIA VAN DE PUTTE: Thank you, Mr. President. Mr. President and members, I join Senator Birdwell and my colleague Senator Estes in acknowledging the great achievement of these students. The BEST Robotics program provides real world challenges preparing our middle and high school students to learn how to think outside the box while teaching the importance of team work and of project management, of decision making, problem solving and leadership. Up in the gallery I am happy to introduce students from my district, the student representatives from Robert E. Lee High School that we have senior Cat Dominges and the junior in the group is Mark Juaqueen. Their mentors are here with them today, Luann and Ronnie Punt and their STEM assistant director Melanie Crabb. Members, please join us as we herald these great students and the wonderful projects that they do in robotics.

SENATOR STEVE OGDEN: Chair recognizes Senator Estes on the resolution.

SENATOR CRAIG ESTES: Thank you, Mr. President. Thank you, Senator Birdwell, for bringing this fine resolution. It's my pleasure to introduce from Howell High School in Senate district 30 Douglas Hanson. Doug, raise your hand. And he is a sophomore in Howell High School in Greyson County. And he's been a participant of the BEST Robotics for the last two years and this year's competition Howell High School earned a Rube Goldberg award. For those of you who know who Rube Goldberg was, for lifting an egg via robotics. So, Doug, we know that's going to come in handy for the rest of your life, learning robotics and we welcome you to the Texas Senate along with all of your colleagues. Thank you, it's my pleasure to support your resolution.

SENATOR STEVE OGDEN: Senator Birdwell to close.

SENATOR BRIAN BIRDWELL: Thank you, Senator Estes, Senator Van de Putte. Members, I'd like to close by inviting you to the robotics team display and demonstration today on the ground floor rotunda. Mr. President, I move adoption.

SENATOR STEVE OGDEN: Is there objection to adoption of Senate Resolution 963? Chair hears none, the resolution is adopted. Members, the Chair recognizes Senator Seliger on a motion --

SENATOR KEL SELIGER: Thank you, Mr. President. I move to suspend Senate rule 3.04 which prohibits posters, placards and signs so we may have a large map of plan S125, the Senate redistricting map, on display on the Senate floor during our debate and consideration of Committee Substitute to Senate Bill 31.

SENATOR STEVE OGDEN: Members, is there any objection to the motion? Chair hears none, motion is adopted. Senator Eltife's recognized for a motion.

SENATOR KEVIN ELTIFE: Yes, thank you, Mr. President and members. Members, I make a motion that we suspend the admission rule 2.02 to allow members to have one staff member at their desk if they desire during SB31, the Senate redistricting map proceedings.

SENATOR STEVE OGDEN: Members, this motion requires unanimous consent. Is there any objection? Chair hears none, the motion is adopted unanimously.

SENATOR KEVIN ELTIFE: Thank you, Mr. President.

SENATOR STEVE OGDEN: Members, that motion we just adopted allows a staff member on the floor, it's the appropriate time to work with the sergeant in arms to do that if you so desire. Chair recognizes Senator Deuell for an announcement.

SENATOR BOB DEUELL: Thank you, Mr. President and members. Wednesday I'll move to confirm the nominees listed on the committee action packet placed on your desk. These nominees were taken up at your Monday May 16th meeting.

SENATOR STEVE OGDEN: Thank you. Senator Williams. Senator Williams. Following resolution by West. Secretary will read the resolution.

SENATOR ROYCE WEST: Mr. President and members, it's my honor --

PATSY SPAW: Senate Resolution 988 congratulating the Mountainview College Lions men's basketball team on winning the 2011 National Junior College Athletic Association Division 3 national championship by West.

SENATOR STEVE OGDEN: The Chair recognizes Senator West on the resolution.

SENATOR ROYCE WEST: Thank you very much, Mr. President. It's my honor to have as my guests on the floor the 2011 National Junior College Division 3 men's national champions. The Mountainview College Lions beat their opponents Rochester Yellow Jackets 72 to 64 to claim the victory in New York. Their basketball dominance was a result of total determination and dedication of an outstanding team. Coach Leroy Phillips, Coach Phillips raise your hand, was ably supported by his assistant Coach Noland and Coach Washington. Raise both of y'alls hands, coaches. They're not here with us today. Joining me on the floor are the members of the 2011 national championships. Mr. President and members, please join me in welcoming and congratulating the 2011 junior college national champs men's basketball champions, the Lions of Mountainview College.

SENATOR STEVE OGDEN: Is there objection to the adoption of the resolution? Chair hears none, resolution is adopted. Senator Seliger is recognized for a motion to suspend the regular order of business on Committee Substitute to Senate Bill 31.

SENATOR KEL SELIGER: Thank you, Mr. President. I move to suspend the regular order of business to take up and consider Committee Substitute to Senate Bill 31 at this time relating to the composition of the districts for election of members of the Texas Senate. This is a redistricting bill. From the beginning, and I think I pointed this out in committee, this process has been about fair and legal. I believe the process has been fair and results in a map that is both fair and legal. All states must comply with section two of the Voting Rights Act, it does not apply only to the states south of the Mason Dixon line. All or part of 16 states must comply with section five of the Voting Rights Act. As a coverage jurisdiction, Texas must comply with both section two and five of the Voting Rights Act and this map complies with both. In my inexpert research of the Voters Right Act, it appears there are a couple of precincts in Brooklyn, New York that must also comply with section five. In one version of our map we had those precincts going to district 1 in the Texas State Senate. This map also satisfied the one person one vote rule that is constitutional. Our task did not come without challenges. I realize that fairness is subjective. The map will not satisfy all 31 members, but when it's all said and done, redistricting is about voters and not every voter will be happy either. But every voter will be represented and with a bias that I have gotten from serving with individuals on this floor, I submit to you that every voter will be well represented. Balancing this objective with the objective does not necessarily achieve perfect harmony. Race has not been a predominant factoring in redistricting the Texas Senate. However, considerations were made to comply with the Voting Rights Act and almost every member of the Senate at one point or another with a suggestion has been reminded that we should not do that basic element of retrogression which is to take a black voting age population, Hispanic age voting population or Spanish surname voter registration and go down, go backwards, which is what retrogression really means. The Senate Select Committee on Redistricting has held multiple public outreach hearings and I've invited every member of this body to come and talk about what they would like to see in a map and what they would like to see in the state of Texas. This map reflects the collective input from the Senate and the general public. The 2010 population of the state of Texas is 25,145,561. The ideal district size is 811,147 Texans. Plan S125, which is represented in this Committee Substitute, has an overall deviation of 8.03 percent which reflects an improvement from the 9.74 deviation when this was done ten years ago. The smallest district and population is the 28th, the largest is district three. I move suspension.

SENATOR STEVE OGDEN: Senator Seliger moves to suspend the regular order of business to take up and consider Committee Substitute to Senate Bill 31. The secretary will call the roll.

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

SENATOR STEVE OGDEN: There being 29 ayes and two nays, the rule is suspended. The Chair lays out on second reading Committee Substitute to Senate Bill 31. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 31 relating to the composition of the districts for the election of members of the Texas Senate.

SENATOR STEVE OGDEN: Following amendment. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 1 by Davis, plan S139.

SENATOR STEVE OGDEN: Chair recognizes Senator Davis on her amendment.

SENATOR WENDY DAVIS: Thank you, Mr. President. Thank you, members. As some preliminary comments before I introduce the amendments, if you will allow them. First of all, regarding the map and the process, after being kept in the dark while the proposed Committee Substitute to Senate Bill 31 Senate redistricting plan was being drawn, I ask my members, my fellow members, to please listen to me and my constituents very carefully today because the process used to develop the plan and the plan itself, I believe, violate the Voting Rights Act. Simply put, I only saw my own district less than 48 hours before the committee met and the statewide plan was printed less than 24 hours after that. That is insufficient time for my constituents and your constituents to comment and provide input into a plan that reduces the number of districts that would provide African American and Latino Texans an effective voice in electing their senators. Some senators were consulted during the development of the map before us. They saw and responded to early drafts. Their input was heard and was reflected in the plan. Many more of us, particularly those of us who represent large minority communities, were shut out of the process and allowed only a last minute look at how our constituents would be treated in this plan. We are being denied access to the process. It is the same as your constituents and my constituents being denied access. In my case and in yours, hundreds of thousands of minority citizens whose rights are protected by law have been cut out of the process. The Senate plan under which we were elected contains 15 majority minority districts and 12 of them have effectively provided African American and Hispanics an opportunity to elect the candidate of their choice. This Committee Substitute to Senate Bill 31 plan would reduce that number to 12 majority minority districts and only ten of them that would elect the minority candidate of choice, because the plan changes two of those majority minority districts into Anglo majority districts, districts 10 and 14. With that majority has effectively developed effective coalitions to elect their candidate of choice. Case law makes it clear that this committee and this Senate cannot look at retrogression solely on a district by district basis but also must consider the statewide benchmark and proportionality. Between 2000 and 2010, roughly 90 percent of the state's population growth in the past decade was nonAnglo. Today only 45.3 percent of the Texas population is Anglo. 49 percent is African American and Latino and almost 55 percent is not Anglo. But in the proposed Committee Substitute to Senate Bill 31 plan, two-thirds of the districts would be effectively controlled by those 55 percent -- or excuse me, less than 55 percent Anglos which clearly constitutes statewide retrogression. The Senate bill 31 plan demolishes Senate district 10 as an effective majority minority coalition district. The current district 10 was described by the LRB in its submission seeking Department of Justice preclearance in 2001 as one of the districts that contain significant minority communities that are essentially kept intact within these districts. The voting strength, the LRB said, of these minority communities in the future will depend on the cohesion within and between black and Hispanic voters and the ability of such voters to form coalitions with other racial or ethnic groups in support of their preferred candidates. Since those words were written about the LRB plan in 2001, those cohesive coalitions have been formed and Senate district 10 is now only 47.6 percent Anglo and has become an effective majority minority coalition district, as a number of witnesses testified at the committee hearing. The Committee Substitute to Senate Bill 31 would eliminate Senate district 10 as an effective majority minority district, creating a new district 10 that is 54.5 percent Anglo and 59.4 percent Anglo voting age population. The authors of the Committee Substitute to Senate Bill 31 plan achieved the demolition of Senate district 10 as a majority minority coalition district by cracking the African American and Hispanic voters in district 10 into three other districts that share few, if any, common interest with the existing district 10 Tarrant County minority coalition. The African American community in Fort Worth is exported into rural district which stretches over 120 miles south to Falls County. The Hispanic north side is placed in Denton based district 12, the growing south side Hispanic population remains split apart from its former community in district 10. Instead of uniting the rapidly growing minority population in Arlington in an effective minority majority district, this plan places them in district nine which would be effectively controlled by Anglo suburban voters. Members, I believe it is my duty as the elected representative of Senate district 10 to fight this plan because I cannot allow the voting rights of hundreds of thousands of my constituents in Tarrant County to be trampled. To speak specifically to retrogression in Dallas and Tarrant Counties which sets up the opportunity for me to introduce my amendments. Today there are two Senate districts in Dallas and Tarrant Counties that provide African American and Latino voters the opportunity to elect their candidate of choice. District 10 represented by myself and of course district three represented by Senator West -- I'm sorry, district 23. The proposed Committee Substitute for Senate Bill plan would reduce that number to one, Senate district 23. This in the face of these facts -- the combined population of Dallas and Tarrant Counties is 4,177,173 people. Only 41.2 percent of that total is Anglo and 49 percent is African American and Latino. But in the proposed plan only one of seven or 14.3 percent of the Senate districts that include parts of Dallas and Tarrant counties would provide an effective electoral voice for African American and Hispanic voters. Since 2000 Anglo population in Dallas and Tarrant counties have decreased by 156,742 people, while the African American and Hispanic populations have increased by almost 600,000 people. Yet, this plan reduces the number of districts that provides those voters the act to elect their candidate of choice, which is a clear violation of section five of the Voting Rights Act. Even in Tarrant county alone, nonAnglos accounted for over 88 percent of all population growth and only 51.8 percent of the county population is now Anglo. But this plan eliminates the only Tarrant County district that gave minority voters an opportunity to elect their candidate of choice. The first amendment, Mr. President and members, amendment No. 1 which is plan 139, if you would allow me to walk you through it, creates a 63.3 percent Latino opportunity district and an 80.9 percent black plus Latino opportunity district in Tarrant and Dallas counties. The proposed district 10 achieves two important goals. This amendment creates a significant majority Latino opportunity district that is 63.3 percent Latino and 57.7 percent Hispanic voting age population and also unites the minority population in Fort Worth. In committee Senator Zaffirini generously introduced and allowed me to lay out a map which demonstrates that an effective minority opportunity district can be created in Tarrant and Dallas to represent the 1.6 million minority voters in those counties. In my committee amendment the map created a strong black plus Latino opportunity district. This amendment creates a strong Latino opportunity district which also unites the black communities of Tarrant county. With a combined African American and Latino population of almost 1.6 million, there is clearly sufficient minority population to draw two effective minority districts in Dallas and Tarrant counties. And this amendment provides clear evidence that the failure to draw these districts, district 10 and district 23, will violate section two of the Voting Rights Act. Under this plan all incumbents of both parties have an excellent opportunity to be reelected and minority voters have the opportunity required by the Voting Rights Act. This amendment does not affect the statewide deviation and does not change those districts which have the highest or lowest deviation. Hispanic population growth is responsible for the majority of growth in Tarrant and Dallas counties while the Anglo population declined by over 150,000 in those two counties combined. The proposed district 10 under this amendment is only 16.4 percent Anglo and 21.1 percent Anglo voting age population. The district has a combined black plus Hispanic voting age population of 80.9 percent with a black plus Hispanic citizen voting age population of 62.5 percent. These population characteristics exceed the minority population of the proposed district 15 represented by Senator Whitmire in Harris County by over 14 percent. In this amendment Senate district 23 is maintained as an effective African American opportunity district that includes all the of the African American growth areas in south and southwest Dallas County. In fact, this amendment actually increases the African American population to 44 percent compared to 40.4 percent in the proposed committee plan. African Americans constitute a prelaty of the population in this amendment, while Hispanics make up a prelaty of that population in that district in the committee plan. Mr. President and members, I would move adoption of amendment one.

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

SENATOR KEL SELIGER: To ask some questions of Senator Davis about the proposed amendment.

SENATOR WENDY DAVIS: Yes.

SENATOR STEVE OGDEN: All right. You have the floor, and you're recognized to ask questions.

SENATOR KEL SELIGER: Thank you, Mr. President. Senator Davis, this map starts in central Tarrant County, goes through about a third of the county and then a very thin neck and goes over into Dallas County, has a head that goes up toward Collin County and another little stem in Dallas County. Could you tell me, since this doesn't appear particularly intuitive, could you characterize the shape of Senate district 10 in this map?

SENATOR WENDY DAVIS: Well, I wouldn't know how to put a name to the shape, Senator Seliger. What I would say is that there's nothing extraordinarily unique about its shape as compared to some of the Senate districts that exist in the state of Texas today and as are proposed in the current map. What it seeks to do, of course, is to combine persons who have common interest, a coalition of voices so that their interests are represented in the Texas Senate.

SENATOR KEL SELIGER: How did you select the precinct that you put in the proposed Senate district 10?

SENATOR WENDY DAVIS: The precincts are selected looking at the population of those precincts and common characteristics of those precincts as well. Particularly their interest in issues before the state Senate on those issues that they have a common voice on.

SENATOR KEL SELIGER: In the present Senate district 10, would you assert firmly that that is a majority minority district?

SENATOR WENDY DAVIS: I would absolutely assert firmly, without question, that the existing Senate district 10 is a majority minority coalition district. It was, of course, best demonstrated in 2008 during my election when over a Anglo vote the Latino and African American communities of Senate district 10 came together with like minded Anglo voters and made me their state Senator.

SENATOR KEL SELIGER: Coalition means something a little different in that context though, and the real question was do you consider the current Senate district 10 a majority minority district.

SENATOR WENDY DAVIS: Yes, I do.

SENATOR KEL SELIGER: Can you tell me, did you use plan S116, the one submitted by MALDEF, as the footprint for this amendment?

SENATOR WENDY DAVIS: I have not seen plan 116.

SENATOR KEL SELIGER: We didn't see it until about 2:18 p.m. on Thursday, and we did receive some written testimony from MALDEF and we analyzed their Senate district 10 and your current Senate district 10 in this amendment. We're concerned about that configuration and we felt that whatever the deficiencies were, that this plan sort of magnified it, it concerned us that this version that you have proposed invites stricter scrutiny from the course and not less. And for that reason, Mr. President, I move to table the amendment.

SENATOR STEVE OGDEN: All right. Senator Davis is recognized to close.

SENATOR WENDY DAVIS: Thank you, Mr. President and members. Before I close on this amendment, I would like to have the privilege of reading to you from an editorial that was written in the Fort Worth Star Telegram by one of the editorial writers Bob Ray Sanders. Bob Ray Sanders grew up in southeast Fort Worth and he editorialized on the plan that's been presented today in a way that I think adequately aptly captures, beautifully captures the impact of the decision being made by this body on that particular community. He wrote that "A right so fundamental as voting should never be denied nor tampered with in a representative democracy. Yet, in the world's oldest and greatest existing democracy, that guaranteed privilege has been withheld from or manipulated for certain groups throughout history. At the Republic's birth, many people were excluded when it came to exercising their basic rights because they were considered noncitizens or they were at best second class citizens. Even after the Civil War and the passage of the 15th Amendment that guaranteed voting rights for males regardless of race, conservatism or servitude, southern states were determined to devise ways to keep African Americans from participating in the sacred ritual of casting a ballot. Southerners came up with poll taxes and literacy tests, and when all else failed, intimidation and outright violence became part of the process of keeping the black man in his place and away from the polling place. For almost 100 years sup methods were practice and accepted. I, being Bob Ray Sanders, distinctly remember my parents paying poll taxes just as they, as landowners paid other taxes that funded public facilities and services we could not use. Under President Lyndon Johnson, the Voting Rights Act of 1965 was passed after a long struggle for equal opportunity in the south where many were jailed, beaten, and lynched simply because they demanded that America live up to its promise to all citizens. In recent years when intimidation was not tolerated or simply didn't work, new tactics were devised to impede or somehow lessen the impact of minority voting. Instead of

(inaudible) Jim Crowe laws, police dogs and fire hoses, biased politicians came up with a new way designed to suppress or dilute the votes of blacks and Hispanics, making it difficult to elect office holders with their interests as a priority. Instead of guns or ropes, all they needed was a pen or a map drawing computer capable of splitting up minority communities and including them in a larger pool dominated by people who did not look like them or share the same goals and aspirations. The Texas legislature has railroaded through a voter ID bill that will have a negative impact on poor minority and older people. Additionally law makers have produced redistricting maps that include the not so subtle trappings of Jim Crowe. It's no wonder that Texas and other states with a history of discrimination are required to get preclearance from the Justice Department for any changes made in voting procedures. Jerrymandering, always part of the redistricting process, is obvious once again in the proposed maps for Texas House and Senate seats. Perhaps most egregious is what it proposes for Tarrant County's district 10 represented by Senator Wendy Davis of Fort Worth. As Davis' office said last week African American voters in southeast Fort Worth, Ebberman and Forest Hill would be completely disfranchised in a mostly rural district in Johnson and Ellis counties to the south. Hispanic voters in north Fort Worth would be silenced by combining them with hundreds of thousands of Anglo Republican voters in Denton County. Minority and Democratic leaders in Tarrant County are rightfully outraged. As in years past, minority voters who cannot depend on their state leaders for fairness must now put their faith in the U.S. Justice Department which has said it is keeping an eye on Texas. One thing minorities know for sure, Bob Ray says, their fight to end discriminatory voting practices continues." Members, as the representative voice of the communities that will be dramatically impacted by this plan, I move adoption of floor amendment No. 1.

SENATOR STEVE OGDEN: All right. Senator Davis, the motion is to table. So I think you're speaking in opposition of the motion to table, right?

SENATOR WENDY DAVIS: Thank you, Mr. President.

SENATOR STEVE OGDEN: Members, the motion is to table floor amendment No. 1. The secretary will call the roll.

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

SENATOR STEVE OGDEN: There being 19 ayes and 12 nays, the motion to table prevails. The following amendment. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 2 by Davis, plan S141.

SENATOR STEVE OGDEN: Chair recognizes Senator Davis on her amendment.

SENATOR WENDY DAVIS: Thank you, Mr. President. Plan 141 creates a 69 percent minority district wholly in Tarrant County. This amendment provides another way to address the section two requirements to maintain two effective majority minority districts in north Texas and create an even more effective minority district, district 10. Under this plan all incumbents of both parties have an excellent opportunity to be reelected, and minority voters have the opportunity to be required by the Voting Rights Act. This amendment does not affect the statewide deviation and does not change those districts which have the highest or lowest deviations. The proposed district 10 unites the majority population in Fort Worth, Arlington and Grand Prairie and Tarrant County to create a district 10 that is only 30.6 percent Anglo and 36.2 percent Anglo voting age population. The district has a combined black and Hispanic voting age population of 57.8 percent with 34.4 percent Hispanic voting age population and 24 percent African American voting age population with a total of those two populations of 63.6 percent and a total minority population of 69.4 percent. In this amendment Senate district 23 is not affected materially at all. I would move adoption of floor amendment No. 2.

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

SENATOR ROYCE WEST: Question of the author.

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

SENATOR ROYCE WEST: Senator Davis, in terms of your current district in Tarrant County you represent what percent African American and what percent Latino?

SENATOR WENDY DAVIS: In the current district?

SENATOR ROYCE WEST: Yes, ma'am.

SENATOR WENDY DAVIS: If you'll give me just a moment, Senator West, we'll get that exact number for you.

SENATOR ROYCE WEST: Sure.

SENATOR WENDY DAVIS: I'm sorry, I have it here now, Senator West. The current Senate district 10 after the census had a Hispanic population of 28.9 percent, a black population of 19.2 percent, a combined black and Hispanic population of 47.5 percent and with 4.9 percent other minorities. The total minority combined is therefore 47.3 percent -- or excuse me, 57.3 percent.

SENATOR ROYCE WEST: As it relates to the Seliger map, how does that change?

SENATOR WENDY DAVIS: Under the Seliger map, the percentage of Anglo population rises from 47.6 percent to 54.5 percent. The Hispanic population decreases from 28.9 percent to 25.9 percent. The black population decreases from 19.2 percent to 14.6 percent with the total combined population of black and Hispanic decreasing by 7.5 percent.

SENATOR ROYCE WEST: The African American population in southeast Fort Worth, is that in the proposed Seliger district?

SENATOR WENDY DAVIS: No, it is not. It has been moved under the proposed district to Senate district 22 which is represented by Senator Birdwell which included Waco and Grand Prairie and goes all the way south to Falls County.

SENATOR ROYCE WEST: Let's talk about communities of interest for a second. Is there a community interest in the move for southeast Fort Worth going into Senator Birdwell's district? Is there a community interest there?

SENATOR WENDY DAVIS: I believe there is not.

SENATOR ROYCE WEST: Why would you believe that?

SENATOR WENDY DAVIS: I think looking at this session and last session and the votes that are taken by me on behalf of the district that I represent, you would find that in many instances they are different than those taken by my good colleague from Senate district 22 and the reason for that is, as it should be, because we are representing the voices of those communities in a unique way, whether it's the voter ID law that was proposed, whether it's on the budget and its cuts to education and Health and Human Services and higher Ed, which have a disproportionate impact on many of the people that I represent. Whether it's on working on issues like payday lending or decreasing utility or insurance rates, you will see through the record of my votes on behalf of that community a very different one that is being reflected by a largely Anglo population from Senate district 22.

SENATOR ROYCE WEST: As it relates to doing an analysis of community of interest, you have indicated that one of the -- I guess one of the measurements that we should use is the vote of the representative as it reflects the will of the people in the district; is that correct?

SENATOR WENDY DAVIS: Yes.

SENATOR ROYCE WEST: Okay. Let's talk about other -- let's talk about other barometers and communities' interests, what else should be taken under consideration in your estimation?

SENATOR WENDY DAVIS: Well, certainly we should take into estimation the unique interest of that urban community. Southeast Fort Worth has been a majority African American community for decades. It was the community that fought to get its rights to vote under the Voting Rights Act. It was a community that fought for enforcement of desegregation of their public school systems after that decision Brown versus Board of Education was handed down from the state. It has an interest that is uniquely urban as compared to that that's represented currently in Senate district --

SENATOR ROYCE WEST: So you're saying civil rights is important to that community?

SENATOR WENDY DAVIS: Very much so.

SENATOR ROYCE WEST: And so whoever represents that community has to be aware of what the history is as it relates to civil rights and the impact it has had on that district and be willing to stand up for that particular area of the district?

SENATOR WENDY DAVIS: Very much so.

SENATOR ROYCE WEST: And so that's something that that community is very sensitive to.

SENATOR WENDY DAVIS: Yes.

SENATOR ROYCE WEST: Okay. Now, as it relates to representation in north central Texas, there's only two democratic seats now, right? One in Dallas and on in Tarrant County?

SENATOR WENDY DAVIS: Correct.

SENATOR ROYCE WEST: You have talked about an increase in the population as (inaudible) in relation to Tarrant County and also Dallas County. Can you recount that one more time for me?

SENATOR WENDY DAVIS: Yes. It was 1.6 million people. It represents a growth of over 600,000 people in the Hispanic and Latino communities while the Anglo community decreased by over 150,000 people.

SENATOR ROYCE WEST: The new proposed 10, Senate district 10, does that give Latinos an opportunity to elect someone of their choice?

SENATOR WENDY DAVIS: Yes, it does.

SENATOR ROYCE WEST: The new proposed 10 under the Seliger map?

SENATOR WENDY DAVIS: No. Under the Seliger map, it would not. The Seliger map, the Anglo voters would be 54.5 percent, the percentage of Hispanic voters would only be 25.9 percent.

SENATOR ROYCE WEST: Is that voting age population or total population?

SENATOR WENDY DAVIS: That's total population. The voting age population of Anglos is 59.4 percent, the voting age population of Hispanics under the proposed map by Senator Seliger is 22.1 percent.

SENATOR ROYCE WEST: Would the proposed map for Senate district 10 give African Americans an opportunity to elect someone of their choice?

SENATOR WENDY DAVIS: No, it would not. Again, the proposed voting age population in that district for Anglos is 59.4 percent, the proposed voting age population for African Americans drops from 17.9 percent to 13.4 percent.

SENATOR ROYCE WEST: So if you combine African Americans and Hispanics, would that give them an opportunity under the proposed Seliger district map to elect someone of their choice?

SENATOR WENDY DAVIS: No, it does not. The combined voting age population of the black and Hispanic community under Senator Seliger's proposed map would only be 35.2 percent.

SENATOR ROYCE WEST: Let's talk about the community interest for Latinos in that district as it relates to the proposed Seliger map, in comparison to the current map, is there a community of interest for the Latino voters in that district?

SENATOR WENDY DAVIS: No, there's not.

SENATOR ROYCE WEST: How do you measure that?

SENATOR WENDY DAVIS: Again, historically looking at the issues that have been important to that community, the Latino community in Fort Worth --

SENATOR ROYCE WEST: What are those issues?

SENATOR WENDY DAVIS: Again, civil rights of course, and working on the right to vote, they have fought hard and worked hard for equal opportunities in every measure of the law, whether that was in the education system, whether that was in creating opportunities for better transportation, whether that is improving air quality in their area, which has had a particularly harmful impact on, but the African American and Latino communities in Fort Worth have been demonstrated --

SENATOR ROYCE WEST: What about voter identification?

SENATOR WENDY DAVIS: Voter ID, immigration issues, again, looking at the voice I've given, the voice that this district is a better way to say it, the voice that this district has given to existing Latino voters have been reflective of their concerns and interests on all of those issues.

SENATOR ROYCE WEST: As it relates to where the Latino population is being dispersed to in the districts, can you kind of give me an idea of whether the areas that it's being -- the Senate districts that they're being dispersed in, whether or not there's a voting record for those individuals that would get those Latinos out of their current Senate district 10?

SENATOR WENDY DAVIS: There are, of course, established voting records in both Senate district 12 where the Latino community would be moved and Senate district 22 where the African American community would be moved.

SENATOR ROYCE WEST: Who currently represents those Senate districts?

SENATOR WENDY DAVIS: Senator Nelson represents Senate district 12, and Senator Birdwell represents Senate district 22.

SENATOR ROYCE WEST: Okay.

SENATOR WENDY DAVIS: And not to disparage, of course, all the votes that those Senators take on this floor --

SENATOR ROYCE WEST: No, because when you begin to look at health and human services, Senator Nelson has done a great job --

SENATOR WENDY DAVIS: Very much so. But many times --

SENATOR ROYCE WEST: It's an all right job. It's been all right.

SENATOR WENDY DAVIS: Their votes are reflective of the communities that they were voted to represent, as they should be. And it is a different vote, it is a different representative perspective than the one that's currently held by Senate district 10.

SENATOR ROYCE WEST: So you think in deciding on this particular amendment we should take into consideration communities of interest?

SENATOR WENDY DAVIS: Yes, I do.

SENATOR ROYCE WEST: What else should we take into consideration?

SENATOR WENDY DAVIS: I hope that what you'll take into consideration are the impacts of the people who are affected by the change to this map and the fact that they will no longer have a voice in the Texas State Senate. I hope that what members will take into account is an understanding and a consideration that in an area as populated as north Texas is with four and a half million people comparable in size to Harris County, which currently has the opportunity for minorities to elect four candidates of their choice, that north Texas would now be relegated to having only the opportunity to elect one person to represent their interest in the Texas State Senate and would be retrogressive under the Voting Rights Act and would violate the Voting Rights Act.

SENATOR ROYCE WEST: Thank you, Senator Davis.

SENATOR WENDY DAVIS: Thank you, Senator.

SENATOR KEVIN ELTIFE: Senator Seliger on the amendment.

SENATOR KEL SELIGER: Mr. President, as we scrutinize this amendment, I'm inclined to think it's least compelling of all the arguments about Voter Rights Act. Let me point out that what would a steel salesman know about the Voting Rights Act and going into this process, not very much. And so I was particularly careful as we went through this map to pay attention to the Voter Rights Act. It is the law of the land, it's important. No map should be drawn in this state without it. And so what I did was in this case was that most of the maps and most of the parts of the map that went into 125 were drawn by a lawyer. I was allowed to hire outside counsel and hired some of the best -- the best people in the state, I think some of the best in the country. People who don't draw maps. They simply pass legal judgment and scrutinize those maps, professors at Baylor University and a lawyer here in Austin who's probably done as much of this work in the past 30 years as anybody in the state of Texas, maybe anybody in the country. And so I will assert to you that based upon that this does meet the requirements of the Voting Rights Act. This bill is the same as committee amendment No. 9 that was rejected in the committee. And I would ask the Senate do the same thing now as I move to table floor amendment No. 2.

SENATOR KEVIN ELTIFE: Senator Davis to close on the amendment.

SENATOR WENDY DAVIS: Thank you, Mr. President. And with all due respect to those who have had their eyes on the ability to defend Committee Substitute to Senate Bill 31 as it relates particularly to Senate district 10 and its compliance with the Voting Rights Act, I respectfully disagree. And I think it certainly is the case that in Texas legal eyes have had their eyes on and their opinions as part of many of the statewide redistricting maps that were approved and advanced to the Justice Department for its review under the Voting Rights Act. And in many of those instances the maps were struck down even though lawyers said they were constitutional, even though lawyers said they complied with the Voting Rights Act. In the 1970s the legislative maps were struck down in White versus Register. In the 1980s the congressional maps were struck down in Uppam versus Seeman. In the 1990s congressional districts were struck down in Vera versus Bush. In the post-2000 round part of the congressional map was struck down in Lulack versus Perry. I believe that this map violates the Voting Rights Act in its configuration in Senate district 10 in north Texas. The current district 10 has evolved over the last decade as the state predicted when it sought Voting Rights Act approval for the district back in 2001 into a majority minority district where minority citizens have demonstrated the ability to elect their candidate of choice. Under the new plan the voting strength of minority citizens in district 10 is rolled back dramatically and Anglos are returned as a strong controlling majority in the district. Not only would minority voters in Senate district 10 no longer have an effective opportunity to elect a candidate in the district, they will have no voice at all. There are reasonable alternatives that recognize the voting strength of racial ethnic minorities without retrogressing their ability to effectively participate in the political process. I believe that this amendment represents one of those reasonable alternatives, and I would ask that you vote no on the motion to table amendment No. 2.

SENATOR KEVIN ELTIFE: Members, Senator Seliger has moved to table floor amendment No. 2. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: Nineteen ayes, 12 nays, the motion to table prevails.

SENATOR WENDY DAVIS: Thank you, Mr. President.

SENATOR KEVIN ELTIFE: Thank you, Senator Davis. The following amendment. Secretary read the amendment.

PATSY SPAW: Floor amendment No. 3 by Uresti, S plan 133.

SENATOR KEVIN ELTIFE: The following substitute amendment. Secretary please read the substitute amendment.

PATSY SPAW: Floor amendment No. 4 by Uresti substituting for floor amendment No. 3.

SENATOR KEVIN ELTIFE: Senator Uresti to explain the amendment.

PATSY SPAW: And that is S plan 145.

SENATOR CARLOS URESTI: Thank you, Mr. President and members, good afternoon. I lay out floor amendment No. 4 in substitute plan S133 with plan S144. Members, this plan affects three of my colleagues in plan S145. This is an attempt to restore Bexar County territory for Senator Zaffirini who has a long and distinguished history of representing Bexar County. It would authorize the exchange of territory between myself and Senator Van de Putte to maintain Spanish surname voter registration measures also assist in honoring the request of my colleague from Travis County, Senator Watson, by restoring territory from district 21 to district 14. However, after submission of various proposed amendments Committee Substitute to Senate Bill affecting Bexar and Travis counties, Chairman Seliger further districted us to achieve unanimous consent among the members affected. Secondly the chairman asked that important Voting Rights Act measures such as Spanish surname voter registration be maintained according to Committee Substitute to Senate Bill 31. And lastly the chairman asked that the total population assignment for each affected district be maintained above 800,000. So today, members, I offer a perfecting amendment plan S145 to amend amendment plan S133. This perfecting floor amendment restores territory from Senate district 19 to Senate 21 in south Bexar County for Senator Zaffirini. Secondly floor amendment -- the floor amendment number authorizes the exchange of appropriate voting tabulation districts between Senate district 19 and Senate district 26 in eastern Bexar County to maintain the Voting Rights Act objectives of Committee Substitute Senate Bill 31. Lastly the amendment restores territory in Travis County from Senate district 21 to district 14. One of those precincts include Austin Bergstrom International Airport. The airport is more appropriate in the district that is anchored in Austin than in Travis County. The other four precincts are all located north of the Colorado River, and this change would result in Senate district 21 stopping at a more natural line by not crossing north of the river. And importantly it would reduce the division of compact cohesive neighborhoods in historic east Austin. Members, all of the proposed changes to Committee Substitute Senate Bill 31 are wholly contained within these four districts affected that I mentioned. They restore distinguished colleague as a representative Bexar County, they achieve the 800,000 person threshold while maintaining the Voting Rights Act objectives of Committee Substitute to Senate Bill 31. Members, perfecting floor amendment plan S145 I believe is acceptable to Senator Zaffirini, Van de Putte and Watson and I believe it's acceptable to Chairman Seliger. With that, Mr. President, I respectfully move adoption of this amendment.

SENATOR KEVIN ELTIFE: Senator Seliger on the amendment.

SENATOR KEL SELIGER: Mr. President and members, there's not a lot of people moved around in this map, not a lot of real estate. But when you work very, very hard to see to it that a lot of attention is paid to the Spanish surname voter registration and other provisions of law, it's still a pretty difficult task. I appreciate the four members of the Senate working together to do this. The amendment is acceptable to the author.

SENATOR CARLOS URESTI: Thank you, Chairman Seliger.

SENATOR KEVIN ELTIFE: Senator Uresti moves adoption of floor amendment No. 4 which is substitute to floor amendment No. 3. Is there objection? Chair hears none, motion is adopted. The question now is on the adoption of floor amendment No. 3 as substituted. Senator Uresti moves adoption. Is there objection? Chair hears none, floor amendment No. 3 as substituted is adopted. The following floor amendment by Gallegos.

PATSY SPAW: Floor amendment No. 5 by Gallegos, redistricting plan S136.

SENATOR KEVIN ELTIFE: Senator Gallegos to explain the amendment.

SENATOR MARIO GALLEGOS: Thank you, Mr. President and members. After in-depth discussions with the Latino leadership in Houston and Harris County including all the council members who have represented the east side of downtown, I reluctantly pull down my amendment. Members, Mr. Chairman, Mr. President, this is only delayed for the time present. However the ultimate goal is to parallel our districts which have been consistently represented by Hispanic elected officials since 1980. And with also by the way also includes the University of Houston. So with that in mind and talking to the leadership and my friends in Harris County and Houston, I respectfully reluctantly for the time being pull down my amendment.

SENATOR KEVIN ELTIFE: Senator Gallegos withdraws floor amendment No. five. Members, we're going to hold for one minute, we're waiting on an amendment that needs a change. Give us one minute, maybe two. Members, it's going to take a little while on this next amendment so we're going to take it up on third reading. The final amendment we'll take it up on third reading. Senator Seliger, you're recognized for a motion.

SENATOR KEL SELIGER: Mr. President, I move passage to engrossment of Committee Substitute to Senate Bill 31.

SENATOR KEVIN ELTIFE: Senator Seliger moves passage to engrossment. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 29 ayes, two nay, Committee Substitute SB31 as amended is passed to engrossment.

SENATOR STEVE OGDEN: Senator Eltife.

SENATOR KEVIN ELTIFE: Members, we're going to take up House Bill 150 at this time. Senator Seliger, you're recognized for a motion to suspend the regular order of business on House Bill 150.

SENATOR KEL SELIGER: Mr. President, I move to suspend the regular order of business to take up and consider at this time House Bill 150 by Representative Solomons. Members, this is the redistricting that will be for the House of Representatives, it contains 150 districts and the debate in the House was about somewhere around 16 hours and I hope it's not quite that long because traditionally what happens is the Senate does not modify the House bill and the House does not modify the Senate bill. Therefore I move to suspend the regular order of business.

SENATOR KEVIN ELTIFE: Senator Seliger moves suspension of the regular order of business to take up and consider House Bill 150. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 21 ayes, eight nays, the rule is suspended. The Chair lays out on second reading House Bill 150. The secretary will read the caption.

PATSY SPAW: House Bill 150 relating to the composition for the districts of election of the members of the Texas House of Representatives.

SENATOR KEVIN ELTIFE: Senator Seliger is recognized for a motion.

SENATOR KEL SELIGER: Mr. President, I move passage to third reading of House Bill 150.

SENATOR KEVIN ELTIFE: Senator Ogden for what purpose?

SENATOR STEVE OGDEN: Mr. President, I would like to make a motion to temporarily suspend further consideration of House Bill 150 so that the Senate can caucus.

SENATOR KEL SELIGER: Mr. President, is that a privileged motion?

SENATOR KEVIN ELTIFE: It does take precedent over your motion, Senator Seliger.

SENATOR KEL SELIGER: Thank you.

SENATOR KEVIN ELTIFE: Senator Davis, for what purpose? Senator Ogden moves to temporarily postpone consideration of House Bill 150. Is there objection? No objection, House Bill 150 is temporarily postponed. Chair recognizes Senator Whitmire.

SENATOR JOHN WHITMIRE: Would I -- I'd like to move that the Senate stand in recess until 1:30 and I would also during the recess for the staff to -- while we take that recess I would ask the senators to caucus at this time.

SENATOR KEVIN ELTIFE: Senator Whitmire moves that the Senate stand in recess until 1:30 and the Senate will caucus. Is there objection to the motion to stand in recess until 1:30? Chair hears none, Senate stands in recess until 1:30.

(In recess.)

LT. GOVERNOR DAVID DEWHURST: Members, two things: One, we've got a memorial resolution coming up and I'm going to ask if you would to take your seats and secondly after visiting with a number of you all, after we get this legislation passed, it's my intent to go ahead and take up Senate bills that are on intent and then I know a lot of you -- I talked to Senator Whitmire, Senator Nelson, Senator West, a lot of committees have a lot of House bills that are pending today and I want to give the members an ample opportunity to go ahead and address quite a few House bills that are in committees. So probably another half an hour, 45 minutes. Members, the Chair lays out Senate resolution -- the Senate will come to order. The Chair lays out Senate Resolution 847 by Senator Birdwell. Secretary will read the resolution.

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

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

SENATOR BRIAN BIRDWELL: Thank you, Mr. President. Mr. President and members, just a few short weeks ago this body passed Senate Resolution 847 in memory of Johnson County sheriffs deputy Clifton Taylor. You may remember Clifton Taylor was killed in the line of duty while attempting to apprehend an armed suspect involved in a domestic violence dispute. Deputy Taylor had been with the Johnson County sheriff department for a little more than three years and he was remembered for his sense of humor, his work ethic and his humility. He was 31 years old and was engaged to be married. Today we have the privilege of being joined on the floor by Clifton's family and those who knew him best. His mother Rebecca Taylor, his father Randy Taylor, his fiancee Rhonda cox, his brother Christopher Taylor, his sister-in-law Monica Taylor and Johnson County sheriff Bob (inaudible). It's important that we never forget the service of our law enforcement officers who wake up every morning and put their lives in the line to ensure our public safety. Members, will you please join me in honoring the family of Clifton Taylor who lost his life while serving the community. I move adoption, Mr. President.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Birdwell. And this morning I was over at the service and he leaves two precious little boys. It just breaks your heart. Members, you've heard the motion by Senator Birdwell. Is there any objection from any members? The Chair hears no objection. All those in favor please rise. It being unanimous, the resolution is adopted. Members, the president signs in the presence of the Senate the following.

PATSY SPAW: Senate Bill 13 -- Senate Bill 1385, Senate Bill 1433, Senate Bill 1492, Senate Bill 1496, Senate Bill 1608, Senate Bill 1806, Senate Bill 1886, House Concurrent Resolution 1515, House Concurrent Resolution 154, House Concurrent Resolution 135, House Concurrent Resolution 127, House Bill 2936, House Bill 2468, House Bill 2403, House Bill 2067, House Bill 2002, House Bill 1936, House Bill 1789, House Bill 1450, House Bill 1254, House Bill 328, House Bill 205, House Bill 1953, House Bill 2131, House Bill 2503, House Bill 2831, House Bill 1889, House Bill 1901, House Bill 1952, House Bill 1300, House Bill 1064, House Bill 965, House Bill 734, House Bill 11, HCR161, Senate Bill 1165, Senate Bill 1217, Senate Bill 1229, Senate Bill 1241, Senate Bill 1242, Senate Bill 1327, Senate Bill 1356, Senate Bill 1357.

LT. GOVERNOR DAVID DEWHURST: The following message from the governor. 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 Sulfur River Basin Authority Board of Directors: Wallace E. Wally Craft, II, Paris; Michael E. Russell, Clarksville; Patricia A. Womack, Lone Star. To be members of the Nuace River Authority Board of Directors: Judith Judy Crevling, Corpus Christy; Karen O. Bonner, Corpus Christy; Laura Flater, Pleasanton; John Galloway, Beeville; Gary A. Jones, Beeville; James Jim Marmian, III, Asherton; Fadel Arule, Jr., Alice; Roxanne Proctor Tom, Campbellton. To be members of the Governing Board of the Texas School for the Blind and Visually Impaired: Ann L. Corn, Austin; Carolyn Looz Bailey, Keywood; Cynthia Phillips Findley, Lubbock. To be members of the Upper Guadalupe River Authority: Harold J. Danford, Kierville; Lani Patricia Holloway, Kierville. To be members of the San Jacinto River Authority Board of Directors: Frederick D. Fred Keating, The Woodlands; Mary L. (inaudible), Spring. To be members of the Texas Real Estate Commission: Troy C. Ally, Jr., Desoto; Bill L. Jones, Belton; Weston Martinez, San Antonio. To be members of the Texas State Board of Examiners of Marriage and Family Therapists: Rick A. Bruin, Huntsville; George F. Francis the 4th, Georgetown; Shawn B. Stokes, Denton. To be to a member of the Gulf States Marine Fisheries Division: Troy B. Williamson II, Portland. To be members of the Product Development and Small Business Incubator Board: David L. Miller, Lubbock; Molly Jane Dom, Beaumont; Richard Ricky Lael, Harlingen; E. Edward (inaudible) II, Dallas. To be a members of the Lavaca Navidad River Authority: Terri Parker, Ganedo. Respectfully submitted, Rick Perry, governor of Texas. To nominations.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Ellis for the purpose of an introduction.

SENATOR RODNEY ELLIS: Thank you, Mr. President and members. We have a distinguished group of students, some 5th graders, teachers and parents from Lockhart Elementary School in my district and may end up in Senator Seliger's district. Who knows? It's going to take on the watch with these maps today, but they are math, science and technology magnet students. The principal is Felicia Adams. Members, will you please join me in recognizing my current constituents from Lockhart Elementary School in my district and if they'd please stand so we can recognize you young people. Mr. President, they want Senator Seliger to know that they want to keep their Senator.

LT. GOVERNOR DAVID DEWHURST: Great. The president signs in the presence of the Senate the following.

PATSY SPAW: Senate Bill 248, Senate Bill 331, Senate Bill 356, Senate Bill 403, Senate Bill 509, Senate Bill 533, Senate Bill 564, Senate Bill 604, Senate Bill 628, Senate Bill 816, Senate Bill 1121, Senate Bill 1140, and Senate Bill 1150.

LT. GOVERNOR DAVID DEWHURST: Senator Seliger, are you ready to move on? Chair recognizes Senator Seliger for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR KEL SELIGER: Thank you, Mr. President. I move to suspend the constitutional rule that bills be heard on three several days.

LT. GOVERNOR DAVID DEWHURST: Members, you heard the motion by Senator Seliger. 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 DAVID DEWHURST: There being ayes and one nay, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to Senate Bill 31. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 31 relating to the composition of district to the election of the members of the Texas Senate.

LT. GOVERNOR DAVID DEWHURST: Following floor amendment. Amendment No. 1 by Senator Patrick. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 1 by Patrick, plan S146.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Patrick to explain floor amendment No. 1.

SENATOR DAN PATRICK: Thank you, Mr. President. This, members, is an agreement over a patch of land that only has a few hundred people that Senator Hegar and I have agreed upon and he's changed his mind again and I've changed my mind but I think we're good, so we better vote quickly.

SENATOR KEL SELIGER: You can specify, Senator, that this doesn't take any none of your districts into Travis County?

SENATOR DAN PATRICK: It does not.

SENATOR KEL SELIGER: The amendment's acceptable to the author.

SENATOR DAN PATRICK: Thank you.

LT. GOVERNOR DAVID DEWHURST: Members, Senator Patrick moves the adoption of floor amendment No. 1. It's acceptable to the author. Is there objection from any members? Is there objection from any members? Chair hears no objection and floor amendment No. 1 is adopted.

SENATOR DAN PATRICK: Thank you, Senator Hegar.

LT. GOVERNOR DAVID DEWHURST: Senator Davis, for what purpose do you rise, ma'am?

SENATOR WENDY DAVIS: Question of the author of the bill.

LT. GOVERNOR DAVID DEWHURST: Will Senator Seliger yield?

SENATOR KEL SELIGER: I will.

SENATOR WENDY DAVIS: Senator Seliger with respect to Senate district 10 as its drawn in Committee Substitute to Senate Bill 31. How would you describe the shape of that district?

SENATOR KEL SELIGER: I would describe it as it was passed out of redistricting in 2001 as elongated and surrounding -- starts and has the top part of the Texas panhandle, goes one county wide on the eastern -- on the far western age of the Panhandle, kind of surrounds Lubbock and takes in the Permian Basin.

SENATOR WENDY DAVIS: I'm sorry, I'm talking about Senate district 10. How would you describe Senate district 10 as proposed in the new map?

SENATOR KEL SELIGER: It is a kind of an ear lobe, kind of a double ear shape.

SENATOR WENDY DAVIS: And can you help me understand how the decision was made to draw the lines as they're drawn in this proposal?

SENATOR KEL SELIGER: Yeah, as a matter of fact I can. In this respect, when we had our outreach hearing in Dallas and your district director was there and said that they would very much like to see that district fully contained in Tarrant County and so it is. Tarrant County I think is probably -- arguably dominated by Fort Worth. There are 83,000 people more in Fort Worth in Senate district 10. Then we had to deal with a couple of things, that between Senate district 10 and Senate district 12 and that part occupied by the adjoining district, there were several thousand people over population in that area. Cornio County in Senate district 22 needed to be moved to accommodate the demands for population as the map moved to the west and it was short by about a hundred thousand people in Senate district 22. And so a decision had to be made on how to populate Senate district 2. And so that part of district 22 which comes up into Tarrant County is there for that reason to accommodate that 100,000 people.

SENATOR WENDY DAVIS: Well, let's talk about that for a minute. So Senate district 12 are -- as you said, was overpopulated after the census, so how and why was the decision made to carve out the near north side from Fort Worth and actually add it to Senate district 12 and why that particular area? Was why was that area selected?

SENATOR KEL SELIGER: Because there was the need to take some people out of the Senate district and move them into Senate district nine and then it had to be repopulated back up to about 811,000. And so Senate district 12 then came down into Tarrant County.

SENATOR WENDY DAVIS: And couldn't it have been an alternative decision that less population was shifted from Senate district 12 to Senate district nine and therefore there wouldn't have been a need to take any population from Senate district 10 to put into Senate district 12?

SENATOR KEL SELIGER: The way that we draw, we decided that there was a need to do so and did it in that fashion.

SENATOR WENDY DAVIS: And when you were deciding to do it in that fashion, what motivated the decision to draw the line as it was drawn so that it carved out the area of Fort Worth that it specifically carved out?

SENATOR KEL SELIGER: As it was being designed and populated, it was just designed to do it that way, it worked mathematically and it worked in regards to Spanish surnames population.

SENATOR WENDY DAVIS: And let's talk about Senate district 22. You said Senate district 22 was underpopulated. Senate district 22, of course, abuts a number of other districts, why did you choose to come into Tarrant County to add population to Senate district versus going in another direction?

SENATOR KEL SELIGER: Because most of the other directions would not have provided 100,000 people and so -- and there was an overage in Tarrant County at that point and so we put Senate district 22. Keep in mind an amendment that you offered also had Senate district 22 coming up into Tarrant County so apparently you thought it suitable too. The two parts that went into Tarrant County were just in two different places in your amendment and this map.

SENATOR WENDY DAVIS: And what was it about this particular area that you felt was important to add to Senate district 22? Why that line, why those communities, why those precincts?

SENATOR KEL SELIGER: There were 100,000 people that could be identified and the location described by precinct, so we just simply put it in that way.

SENATOR WENDY DAVIS: What do you think that the people of Tarrant County that were carved out and added to Senate district 22 have in common as a community of interest with those that are currently in Senate district 22?

SENATOR KEL SELIGER: I don't know, Senator. What do the people in Lubbock county have in common with the people of Kimball county? They will be represented by the same person. What do the people in Lipscomb County have in common with the people in Loving County? They will be represented by the same people. People in Orange, Texas will be represented by people almost up in Tyler, what do they have in common? They're Texans, they deserve good representation and they will have it.

SENATOR WENDY DAVIS: And what do you feel the people in the near north side of Forth Worth have in common with the community of interest the Senate district 12 to which they've now been added?

SENATOR KEL SELIGER: I'm not advised.

SENATOR WENDY DAVIS: Senator Seliger, you asked me a little while ago to describe the shape of one of the amendment maps that we presented, and I took the opportunity to go and look at the statewide map as it was drawn. And particularly looking at Harris County and the configurations of those districts there, how would you describe the districts that were drawn there for Senator Gallegos, for example? What shape would you give that if you were to label it?

SENATOR KEL SELIGER: It's roughly the shape that it's in now unless I am mistaken. It was drastically short of people and so we had to work upwards and populate it very, very carefully. It has a very high Spanish surname voter registration and we had to do that.

SENATOR WENDY DAVIS: So sometimes there can be a legitimate purpose behind a map and the shape that it takes in terms of the state's interest for drawing those maps?

SENATOR KEL SELIGER: I'm sorry, I don't understand the question.

SENATOR WENDY DAVIS: There can be a legitimate purpose for creating an oddly shaped district?

SENATOR KEL SELIGER: Yes, there can be.

SENATOR WENDY DAVIS: Thank you.

LT. GOVERNOR DAVID DEWHURST: Senator Gallegos, for what purpose do you rise, sir?

SENATOR MARIO GALLEGOS: Is this final passage?

LT. GOVERNOR DAVID DEWHURST: Yes, sir, it is.

SENATOR MARIO GALLEGOS: Thank you, just a comment, Mr. Chairman, Mr. President.

LT. GOVERNOR DAVID DEWHURST: You wish to speak on the bill?

SENATOR MARIO GALLEGOS: I just want to make a comment.

LT. GOVERNOR DAVID DEWHURST: You're recognized.

SENATOR MARIO GALLEGOS: Thank you. Members, I want to first of all -- as vice chairman I want to thank Chairman Seliger and all the members of the Senate redistricting committee for their hard work over the past several months, and I rise today to cast an easy vote, one that has weighed heavily with me. Senate district six, the district which I represent, will continue to be well represented for years to come because of the map before us. The facts are -- the facts are there that the 2010 census figures show an increase in the population for Texas raising the total number of people to over 25 million. That growth in population is largely due to Latinos who now represent 37.6 percent of the Texas population. Where I do not agree with 100 percent of the Senate map, Senate for one also, I also oppose the design of Senate districts 10 and 14. Currently these districts allow minority voters an opportunity to elect their candidates of choice. Under SB31 they no longer have an effective coalition to display their voting strength. Members, it has taken us decades to reach compromises and accomplish what we currently have, and I vote for my district map for my constituents. But I do not support the map for a whole. Believe it is inappropriate for us to respond to our census numbers in a map that has the capability to reduce the number of districts in which minorities have a clear voice in the outcome. And while I will vote yes for the plan, I do so with these concerns about effective minority representation. Thank you, Mr. President. And thank you, Chairman Seliger.

SENATOR KEL SELIGER: Thank you very much. Mr. President, if I could have a moment, Senator Gallegos and I were named chairman and vice chairman of this committee back in the summer and we have worked together, we went to Washington together to meet with people from the Justice Department and civil rights division. It was important that we hear the same things and say the same sort of things. And no chairman of a committee has had an abler or more willing vice chairman. I appreciate his appointment and his help through the process.

LT. GOVERNOR DAVID DEWHURST: Senator Lucio, for what purpose do you rise, sir?

SENATOR EDDIE LUCIO: To make some final remarks before final passage, Mr. President.

LT. GOVERNOR DAVID DEWHURST: You're recognized.

SENATOR EDDIE LUCIO: Thank you, Mr. President. Chairman Seliger, it's always a pleasure to work with you, sir, and Chairman Gallegos and all the members of the redistricting committee. I know everybody worked pretty hard and this is a process that happens every 10 years and most of us really don't want to see happen to a certain extent because I know it puts members in both political parties against each other at times and it pits political parties unfortunately against each other. But I do want to say this map adequately protects the communities that I represent. However, in my opinion it does not protect the type of communities that I represent in other parts of the state. Minority communities including Weslaco, Alamo, Donna and Raymondsville in my district will continue to have representation in district 27. However many minority communities in Dallas and Fort Worth, for example, will not. Residents of Cameron county which is my home county and the city of Brownsville my hometown find themselves in one senatorial district, Senate district 27. But residents of Travis County and the city of Austin find themselves in four senatorial districts. Members, we're lucky, we're lucky in district 27 and I find myself very fortunate to be in that little corner of the state where both the coast and the border, Senator, it is not -- it is not possible to slice our communities into Anglo districts anchored in Mexico or the Gulf of Mexico. That's a given. That's not true in other parts of the state, unfortunately so. I wanted to be very clear. I am voting for my community as I vote aye on final passage for the Committee Substitute to Senate Bill 31. Thank you very much, Mr. President.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Lucio. Senator Ellis, for what purpose do you rise, sir?

SENATOR RODNEY ELLIS: Mr. President, I'd like to speak against the bill with all due respect to Senator Seliger. I do want to --

LT. GOVERNOR DAVID DEWHURST: You're recognized.

SENATOR RODNEY ELLIS: I do want to compliment you, Senator Seliger, for trying to be fair within the confines of whatever parameters you had to deal with. This process of redistricting is one that I think all of us ought to remember. It is not about drawing our districts because they actually are not our districts, the districts belong to the people that are represented in those districts and I come from a district that has been represented by the first African American to come to the Texas Senate since reconstruction seat that Professor Barbara Jordan had for some time and I had followed the history of this body long enough to know what those battles were like when she came here. She was elected under the old system that the Voting Rights Act, not Voter's Right, so I want to point out the Voting Rights Act gave her the ability to be elected from a district when she went on to the United States Congress. In fact, it's interesting that one of the most significant things she did in Congress was get Texas under the Voting Rights Act. As important as it is, President Johnson didn't put us under it. I think because it was his hope that Texas would resolve these issues on their own but we came in under the bilingual amendment and it was Congresswoman Jordan who did that. I have always thought, I don't know, but I've always thought a compromise that she had to make in order to go to Congress was essentially agree the lines that would let this body go without an African American in it for a decade. It was roughly a decade before Craig Washington came to this Senate. Then out of Dallas Ann Bernice Johnson and then I came out of Harris County and then Senator West. Here's the point that I think ought to not be lost on us when we do this: It's not just an issue of making sure that there are enough people of color in a district so that the voices of people who have been historically disenfranchised can be heard. It's also important not to pack these districts, so that when those voice stand up they're not just talking to themselves and that's a problem with this map. All of the growth in Texas has been because of minorities, Hispanics, fastest growing state in the country, four new congressional seats because obviously doing it on the basis of population, they're not stuck at that 31 the way we are, so everybody's happy. Both parties, Texas will have more clout in the United States Congress because of Hispanic growth. Now, look at our districts, we'll get to the congressional maps again later. What do people of color get out of it, in my judgment? My district is percent minority. I'd like to think that after having been here for 21 years maybe some people who happen to not be a minority have found out, hey, this guy's okay. I think he may not be Barack Obama but I think we can vote for him. But by packing these districts and to a great extent I think the map drawers have done that when it was to their advantage, basically for both issues of disenfranchising the voices of people of color and also for partisan reasons, but the Voter Rights Acts does not cover that partisan issue. But in the process of what you may have been trying to accomplish for both reasons, you end up packing when it worked, or you did some cracking when it didn't work? And I submit to you as this goes through the process when it gets to the Justice Department, I hope they look very closely to that and I'm going to as much as I can to encourage them. Now, you don't have to get the long version of my speech because we discussed it and I submitted it into the record. But I do want the press and I want my constituents and anyone within hearing range of my voice to know my vote to suspend the rules was not a vote to say that I like this map or I agree with this map. I'm going to vote against the bill in final passage. I told you if you need me on the backside to get it out of here, I have a vote with that. So as much as I have a problem, you -- you all look pretty good to me when I consider the legislative redistricting board. So in short I want to make that clear, I'm voting for this map, I voted to bring it up, having nothing to do with liking it, I don't like it. I think it's wrong and I think if the United States Justice Department does its job, they will object to it and I hope it ends up in court and then I want to sit down with you on a friendlier court, maybe we'll be on the same side agreeing then. But I'm convinced that this map disenfranchises the voices of people who historically have been left out of the mainstream of politics and public policy making in this state and here more than any other state that argument can be made because all of the growth is because of the growth in our Hispanic population. But with that being said, I do appreciate the effort in which you put into this. I would hope that if you and I are here a decade from now, the process will be a bit more open in my judgment than it was this time. It's not necessarily a criticism of you, it's a criticism of the process. At least the two of the times I have done it, in my judgment, people from both sides of the aisle -- now, granted my side of the aisle was in control but I had to do my share of fighting with them. So don't take it as just a partisan comment. But I do think in the past members had a clear idea and their constituents had a clear idea well in advance what the map was, the final map that they would be voting on. And in my judgment this was stated earlier in the questioning, but for it to come out -- I think you mentioned to me that I was the last person to look at it. I want to state for the record you were kind enough to tell me that. But when I was first given an opportunity look at it, it was the day before. And I think my constituents -- all of our constituents would have been better served in this process if they had a longer period of time to look at it. Because if they want to submit changes to the map, and they didn't have a Senate and House redistricting staff, they couldn't do their little piece of the puzzle alone. And we're going to have a viable chance of making the argument. But look, thank God it only comes, Mr. Chairman, once a decade, once is enough. Thank you.

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

SENATOR CRAIG ESTES: To make a comment before final passage.

LT. GOVERNOR DAVID DEWHURST: You're recognized.

SENATOR CRAIG ESTES: Thank you, Mr. President. Chairman Seliger and Senator Gallegos, thank you for what both of you have done on this long process. I want to thank you for your hard work on this map. It's been a long process, I know it's not been easy. I've traveled with you all across the state and we've listened to suggestions and concerns from all the citizens of this state. They've asked us to draw them a map that would give them full and fair representation and treat them equally regardless of their race, religion, and political views and I think you have accomplished that, Chairman Seliger. I think you've drawn a map that gives each region of this state the opportunity to elect a representative that reflects its values. I know there may be other people want to speak, so I'll just be brief. The Voting Rights Act is a complicated piece of legislation and there's a tendency to sling around terms from different portions of it, but at the end of the day it has two basic requirements. First is that where there is a politically cohesive population of minority citizens living in a compact area that is big enough to dominate a district, we need to draw a district there. Chairman Seliger, your map has done that. Indeed in some instances it has gone beyond that. The second basic requirement is that on a statewide level the map cannot make it harder for minorities to elect representatives of their choice. Your map has not done that, and so for these reasons I commend you for having drawn a fair and legal map and I'm proud, Chairman Seliger, to support it. Thank you.

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

SENATOR KEL SELIGER: Mr. President, I move final passage of the Committee Substitute to Senate Bill 31.

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

SENATOR WENDY DAVIS: Thank you, Mr. President. Parliamentary inquiry.

LT. GOVERNOR DAVID DEWHURST: State your inquiry.

SENATOR WENDY DAVIS: Earlier this afternoon the 12 senators who represent minority majority districts or where a majority of the district is compromised of minorities who exercise their voice through those Senate districts provided a letter for the record stating the objection of those 12 senators to the drawing, particularly of Senate district 10. And I rise simply to inquire as to whether that will be made a formal part of the record for this hearing.

LT. GOVERNOR DAVID DEWHURST: Yes, ma'am, I think you were told earlier that it will and it will.

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

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

SENATOR RODNEY ELLIS: Quick parliamentary inquiry.

LT. GOVERNOR DAVID DEWHURST: State your inquiry.

SENATOR RODNEY ELLIS: Obviously along the same lines, obviously the statements that any member wants to submit for the record, will be a part of the record as well.

LT. GOVERNOR DAVID DEWHURST: Yes.

SENATOR RODNEY ELLIS: Thank you.

LT. GOVERNOR DAVID DEWHURST: Yes. But they need to be in writing and signed. You're recognized for a motion.

SENATOR KEL SELIGER: I thought I already moved final passage.

LT. GOVERNOR DAVID DEWHURST: You may have and I was thinking.

SENATOR KEL SELIGER: So move to final passage, Mr. President. Thank you.

LT. GOVERNOR DAVID DEWHURST: Members, you've heard the motion by Senator Seliger, excuse me -- I was looking at who was wanting to speak. You heard the motion by Senator Seliger, 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 DAVID DEWHURST: Members, there being 30 ayes and one nay, Committee Substitute to Senate Bill 31 as amended is finally passed.

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

LT. GOVERNOR DAVID DEWHURST: Members, members the Chair lays out as a matter of postponed business House Bill 150. The Chair recognizes -- the Chair recognizes Senator Seliger for a motion.

SENATOR KEL SELIGER: Thank you, Mr. President. I move passage to third reading of House Bill 150.

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

SENATOR WENDY DAVIS: Thank you, Mr. President. To comment on the bill.

LT. GOVERNOR DAVID DEWHURST: You're recognized.

SENATOR WENDY DAVIS: Thank you, Mr. President. Although I respect the right of the House to draw its own plan, I must vote against the House Bill 150 plan because it is retrogressive and did not respect minority interest of communities both statewide and in Tarrant County. In short I believe the plan violates both section one and two of the Voting Rights Act. And I cannot support a plan that treats those constituents with reasonable, careless disregard. In the past decade 89 percent of Texas population growth was nonAnglo but the State House redistricting plan reduces the number of effective districts for Hispanic, African Americans and Asian voters can elect the candidate of their choice by systematically packing minority voters into existing minority opportunity districts to prevent the creation of additional ones. The plan also eliminates effective minority coalition districts for African Americans, Latinos, and other language minorities vote cohesively to elect their candidate of choice. A number of alternate plans that would have increased the number of minority opportunity districts were presented by Latino and African American legislators, but all were rejected. In Tarrant County particularly the House plan reflects to reflect the voting strength in Tarrant County. The plan retains only two effective minority opportunity districts and one coalition district. Although 321,000 of the county's 362,000 population growth was nonAnglo. The House plan's sponsors claim they created a new coalition district 101, but this district is not new. It simply replaces the existing district 93. Two other district minority districts, district 90 and district 95 were packed in the House plan to dilute minority voting strength. The House rejected an alternate plan that created an authentically minority majority coalition district. In short, their plan leaves minority citizens in Tarrant County with less influence and less voting strength than they have today. Under the current plan in four out of 10 Tarrant County districts minority citizens have demonstrated the ability to elect their candidate of choice. Tarrant will have 11 districts under the new plan. 88 percent of the population increase justifying the additional district is due to growth in the Hispanic and African American communities. Yet under the House Bill 150 map only three out of 11 districts allow minority citizens the opportunity to elect their candidate of choice. One doesn't have to be a mathematician to know that four out of 10 is better than three out of 11 and one doesn't have to be a redistricting expert to see that Tarrant County minority citizens are the victims of partisan redistricting greed and that their voter rights have been undermined in the House plan. And for those reasons I vote against House Bill 150. Thank you, Mr. President.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Davis. Chair recognizes Senator Seliger for a motion. Senator Gallegos, for what purpose?

SENATOR MARIO GALLEGOS: Parliamentary inquiry.

LT. GOVERNOR DAVID DEWHURST: State your inquiry.

SENATOR MARIO GALLEGOS: This is not final passage, right?

LT. GOVERNOR DAVID DEWHURST: No, we're simply going -- it's a House bill instead of engrossment to third reading and then at a later time we'll go ahead and suspend the constitutional rule.

SENATOR MARIO GALLEGOS: Thank you, Mr. President.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Chair recognizes Senator Seliger for a motion.

SENATOR KEL SELIGER: Thank you, Mr. President. Move passage to third reading of House Bill 150.

LT. GOVERNOR DAVID DEWHURST: Members, you have heard the motion by Senator Seliger. I'm going to call the role but when the secretary's off the phone. 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 DAVID DEWHURST: Members, there being 22 ayes and nine nays, House Bill 150 passes to third reading. Members, as I shared with you just a few minutes ago we've got about eight Senate bills on intent and we believe the authors want to go ahead and move on with those bills. So it's my intention to move on with those bills as quickly as we can, and I know a lot of your committees, you've got a lot of House bills to vote out. But I would like to go ahead and take up these eight bills. The first one being 1425. Chair recognizes Senator Wentworth for a motion to suspend the Senate's regular order of business to take up and consider a Committee Substitute to Senate Bill 1425.

SENATOR JEFF WENTWORTH: Thank you, Mr. President. Mr. President and members, the Committee Substitute for Senate Bill 1425 addresses a concept called retainage in construction projects. Chapter 53 of the property code grants a lien right to people who furnish labor or material to improve real property. The labor or material is typically furnished by subcontractors and suppliers. However a general contractor can also provide these. Monthly or sometimes more often a contractor gives a bill to the owner for work performed on a construction project. Chapter 53 requires that an owner pay only 90 percent of the work put in place and retain the other 10 percent. This retainage represents 10 percent of labor or material that has been performed or delivered but not paid for. It belongs to the contractors, subcontractors and suppliers. Specifically this legislation addresses the issue of retainage when an owner defaults on its obligations to the lender of construction of funds. The bill applies only to construction projects that are financed by a bank or other financial institution. The problem that arises is that often the retainage is not to be found upon the borrowers' default or where the borrower claims that the bank is holding the retainage. In any event the contractor and subcontractors who have provided services or supplies to the project and have a claim to the retainage do not get paid. The Committee Substitute for Senate Bill 1425 addresses this problem by amending chapter 162 of the property code to require an owner or construction project to put aside retainage in a bank account and trust funds for the benefit of the contractors and subcontractors who are owed the retainage. In response to concerns raised about this bill, residential construction projects and small commercial construction projects, those of under a quarter million dollars have been exempted. Further the criminal penalty for failure to set up an account has been removed and only a civil penalty remains. Mr. President, I move to suspend the regular order of business to take up and consider the Committee Substitute for Senate Bill 1425.

LT. GOVERNOR DAVID DEWHURST: Senator Patrick, for what purpose do you rise? Members, you heard the motion by Senator Wentworth. Is there objection from any members?

SENATOR DAN PATRICK: Yes, Mr. President.

LT. GOVERNOR DAVID DEWHURST: 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 DAVID DEWHURST: Members, there being 22 ayes and nine nays, the rule is suspended. Chair lays out on second reading Committee Substitute to Senate Bill 1425. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1425 relating to an account for construction retainage.

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

SENATOR JEFF WENTWORTH: Thank you, Mr. President. I move passage to engrossment of the Committee Substitute for Senate Bill 1425.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Members, you heard the motion by Senator Wentworth. 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 DAVID DEWHURST: Members, there being 22 ayes and nine nays, Committee Substitute to Senate Bill 1425 passes to engrossment.

SENATOR JEFF WENTWORTH: Thank you, Mr. President and members.

LT. GOVERNOR DAVID DEWHURST: Thank you. Senator Lucio on 1807. Chair recognizes Senator Lucio for a motion to suspend the regular order of business to take up and consider Committee Substitute to Senate Bill 1807.

SENATOR EDDIE LUCIO: Thank you, Mr. President and members. I'd like to move to suspend the regular order of business to take up and consider the Committee Substitute for Senate Bill 1807. Members, Senate Bill 1807 would amend the government code to allow the 444th judicial district court in Cameron county to also have concurrent jurisdiction in Willisey county which is the neighboring county. Although primarily a family law court, the bill further allows the court to hear cases not limited to family law matters while the court is sitting in Willisey county. By expanding that jurisdiction of the 444th district court into the Willisey county the court can provide additional support in the processing of court cases thereby reducing the number of local inmates awaiting the process. Move suspension of the rules, Mr. President.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Lucio. Members, you heard the motion by Senator Lucio. Is there objection from any members? The Chair hears no objection from any member, and the rule is suspended. The Chair lays out on second reading Committee Substitute to Senate Bill 1807. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1807 relating to the composition of the 444th judicial district.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Lucio for a motion.

SENATOR EDDIE LUCIO: Mr. President, I'd like to move passage to engrossment of Committee Substitute Senate Bill 1807.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Members, you heard the motion by Senator Lucio, is there objection from any member? The Chair hears no objection from any member and the Committee Substitute to Senate Bill 1807 passes to engrossment. The Chair recognizes Senator Lucio for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR EDDIE LUCIO: So moved, Mr. President.

LT. GOVERNOR DAVID DEWHURST: Members, you heard the motion by Senator Lucio. 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 DAVID DEWHURST: There being ayes and no nays, the rule is suspended. The Chair lays outs on third reading and final passage Committee Substitute to Senate Bill 1807. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1807 relating to the composition of the 444th judicial district.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Lucio for a motion.

SENATOR EDDIE LUCIO: Mr. President, I'd like to move final passage for the Committee Substitute of Senate Bill 1807.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Members, you've heard the motion by Senator Lucio. 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 DAVID DEWHURST: There being ayes and no nays, Committee Substitute to Senate Bill 1807 is finally passed.

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

LT. GOVERNOR DAVID DEWHURST: Senator Watson, 1913? 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 1913.

SENATOR KIRK WATSON: Thank you very much, Mr. President and members. I have three bills that are closely related 1913, 1914, and 1915, they are MUDS, they will be southeast Travis County municipal utility district No. 1, No. 2 and No. 3. Mr. President, I move to suspend the Senate's regular order of business to take up at this time the Committee Substitute for 1913 relating to the creation of the southeast county municipality district No. 1. I move suspension of the rules.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Members, you heard the motion by Senator Watson. Is there objection from any member? The Chair hears no objection from any member and the rule is suspended. The Chair lays out on second reading Committee Substitute to Senate Bill 1913. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1913 relating to the creation of the southeast Travis County municipal utility district No. 1.

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

SENATOR KIRK WATSON: Mr. President, I move passage of Committee Substitute to Senate Bill 1913 to engrossment.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Members, you've heard the motion by Senator Watson. Is there objection from any member? The Chair hears no objection from any member and Committee Substitute to Senate Bill 113 passes to engrossment. Chair recognizes Senator Watson to suspend the constitutional rule that bills be read on three several days.

SENATOR KIRK WATSON: So moved, Mr. President.

LT. GOVERNOR DAVID DEWHURST: Members, you hard the motion by Senator Watson. 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 DAVID DEWHURST: There being ayes and no nays, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to Senate Bill 1913. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1913 relating to the creation of the southeast county municipal utility district No. 1.

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

SENATOR KIRK WATSON: Mr. President, I move final passage of Committee Substitute to SB 1913.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Members, you heard the motion by Senator Watson. 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 DAVID DEWHURST: There being ayes and no nays, Committee Substitute to Senate Bill 1913 is finally passed.

SENATOR KIRK WATSON: Thank you, Mr. President.

LT. GOVERNOR DAVID DEWHURST: Thank you, sir. Well, you're in agreement, let's do 1914. Chair recognizes Senator Watson for a motion to suspend the Senate's regular order over-business to take up and consider Committee Substitute to Senate Bill 1914.

SENATOR KIRK WATSON: Thank you, Mr. President. I move to suspend the Senate's regular order of business to take up and consider the Committee Substitute to Senate Bill 1914 relating to the creation of the southeast county municipal utility district No. 2. I move suspension of the rules.

LT. GOVERNOR DAVID DEWHURST: Members, you heard the motion by Senator Watson. Is there objection from any member? Chair hears no objection from any member and the rule is suspended. The Chair lays out on second reading Committee Substitute to Senate Bill 1914. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1914 relating to the creation of the southeast county municipal utility district No. 2.

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

SENATOR KIRK WATSON: I move passage of Committee Substitute to Senate Bill 1914 to engrossment.

LT. GOVERNOR DAVID DEWHURST: Members, you've heard the motion by Senator Watson. Is there objection from any member? Chair hear no objection from any member and Committee Substitute to Senate Bill 1914 passes to engrossment. Chair recognizes Senator Watson for a motion no suspend the constitutional three day rule.

SENATOR KIRK WATSON: So moved.

LT. GOVERNOR DAVID DEWHURST: Members, you've heard the motion by Senator Watson. 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 DAVID DEWHURST: There being ayes and no nays, the rule is suspended. The chair lays out on third reading and final passage Committee Substitute to Senate Bill 1914. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1914 relating to the creation of the southeast county municipal utility district No. 2.

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

SENATOR KIRK WATSON: Mr. President, I move final passage of the Committee Substitute to Senate Bill 1914.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Members, you've heard the motion by Senator waited son. 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 DAVID DEWHURST: There being ayes and no nays, Committee Substitute to Senate Bill 1914 is finally passed.

SENATOR KIRK WATSON: Thank you, Mr. President and members.

LT. GOVERNOR DAVID DEWHURST: Thank you. How many of these do you have?

SENATOR KIRK WATSON: Just one more today.

LT. GOVERNOR DAVID DEWHURST: Great. Look more toward to tomorrow.

SENATOR KIRK WATSON: By the way, I'm doing this for Senator Zaffirini. These are all located in Senator Zaffirini's new Senate district.

LT. GOVERNOR DAVID DEWHURST: That's funny.

SENATOR KIRK WATSON: My first of many gifts to her, I'm sure.

LT. GOVERNOR DAVID DEWHURST: The 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 1915.

SENATOR KIRK WATSON: Thank you, Mr. President. I move to suspend the Senate's regular order of business to take up and consider the Committee Substitute to Senate Bill 1915 relating to the creation of the southeast Travis County municipal utility district No. 3.

LT. GOVERNOR DAVID DEWHURST: Members, you heard the motion by Senator Watson. Is there objection from any member? Chair hears no objection from any member and the rule is suspended. The Chair lays out on second reading Committee Substitute to Senate Bill 1915. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1915 relating to the creation of the southeast Travis County municipal utility district No. 3.

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

SENATOR KIRK WATSON: Mr. President, I move passage of Committee Substitute to Senate Bill 1915 to engrossment.

LT. GOVERNOR DAVID DEWHURST: Those were funny comments. That was well said. Members, you've heard the motion by Senator Watson. Is there objection from any member? The Chair hears no objection and the Committee Substitute to Senate Bill 1915 for Senator Zaffirini passes to engrossment. Chair recognizes Senator Watson for a motion to suspend the constitutional rule that bills be read on three several dais.

SENATOR KIRK WATSON: So moved.

LT. GOVERNOR DAVID DEWHURST: Members, you've heard the motion by Senator Watson. 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 DAVID DEWHURST: There being ayes and no nays, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to Senate Bill 1915. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 18915 relating to the creation of the southeast county municipal utility district No. 3.

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

SENATOR KIRK WATSON: Mr. President, I move final passage of Committee Substitute to Senate Bill 1915.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Members, you heard the motion by Senator Watson. 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 DAVID DEWHURST: There being ayes and no nays, Committee Substitute to Senate Bill 1915 is finally passed.

SENATOR KIRK WATSON: Thank you very much, Mr. President. Thank you, members. Congratulations, Senator Zaffirini.

LT. GOVERNOR DAVID DEWHURST: Mr. Doorkeeper.

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

LT. GOVERNOR DAVID DEWHURST: Admit the messenger.

MESSENGER: Thank you, Mr. President. 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 SB118 by Uresti --

LT. GOVERNOR DAVID DEWHURST: Senator Deuell, 923. Chair recognizes Senator Deuell for a motion to suspend the Senate's regular order of business to take up and consider Committee Substitute to Senate Bill 923.

SENATOR BOB DEUELL: Thank you, Mr. President. I move to suspend the Senate's regular order of business so we can take up and consider at this time the Committee Substitute to Senate Bill 923. Members, this is in response to the growing practice of the federal Tax and Trade Bureau to grant one federal winery permit to two noncontiguous locations. The bill as filed replicates federal practice so that if the federal agency granted a permit for two noncontiguous locations the state agency could file suit with the same permit. The bill as filed would create a situation with which one permit covered two locations. This required substantial reprogramming of TABC's computer system so the bill as filed generated a substantial fiscal note. The Committee Substitute accomplishes the original goals of the bill without imposing significant burdens on the agency staff and computer system. The Committee Substitute creates a new permit, the branch winery permit and follows a successful pattern used in the beer and liquor wholesale tiers. There will be no significant fiscal impact with this Committee Substitute. I move suspension.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Deuell. Members, you heard the motion by Senator Deuell. Is there objection from any member? Chair hears no objection from any member and the rule is suspended. The Chair lays out on second reading Committee Substitute to Senate Bill 923. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 923 relating to creating a branch winery permit.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Deuell for a motion.

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

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Members you heard the motion by Senator Deuell, is there objection from any member? Chair hears no objection from any member and Committee Substitute to Senate Bill 923 passes to engrossment. Chair recognizes Senator Deuell for a motion to suspend the constitutional rule that bills be read on three several case.

SENATOR BOB DEUELL: So moved.

LT. GOVERNOR DAVID DEWHURST: Members, you heard the motion by Senator Deuell. 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 DAVID DEWHURST: There being ayes and no nays, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to Senate Bill 923. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 923 relating to creating a branch winery permit.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Deuell for a motion.

SENATOR BOB DEUELL: Thank you, Mr. President. I move final passage of the Committee Substitute to Senate Bill 923.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Members, you heard the motion by Senator Deuell. 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 DAVID DEWHURST: There being ayes and no nays, Committee Substitute to Senate Bill 923 is finally passed.

SENATOR BOB DEUELL: Thank you.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. 1021. Chair recognizes Senator Rodriguez for a motion to suspend the Senate's regular order of business to take up and consider Committee Substitute to Senate Bill 10216789.

SENATOR JOSE RODRIGUEZ: Thank you, Mr. President and members. Senate Bill 1021 amends the occupation code as it relates to the examination requirements for physicians. Today many regions in Texas suffer from significant physician shortages. Many qualified physicians who are available and experienced and want to practice in Texas aren't able to obtain a license in the state because the limit on exam or time frame renders them ineligible even with board certification. Committee Substitute for Senate Bill 1021 amends the occupation codes to allow applicants who have achieved board certification by recognized specialty board use that certification in lieu of meeting the exam attempt or time limitation requirement. I believe Senator Deuell has an amendment.

LT. GOVERNOR DAVID DEWHURST: He does, but first let's suspend the rule.

SENATOR JOSE RODRIGUEZ: Mr. President and members, I move that we suspend the regular order of business and all necessary rules for Committee Substitute to Senate Bill 1021.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Rodriguez. Members, you've heard the motion by Senator Rodriguez. 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 1021. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1021 relating to certain examination requirements for physicians.

LT. GOVERNOR DAVID DEWHURST: The Chair lays out floor amendment No. 1 by Senator Deuell. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 1 by Deuell.

LT. GOVERNOR DAVID DEWHURST: Has this been passed out? Members, does everyone have a copy? Great. Chair recognizes Senator Deuell to explain floor amendment No. 1.

SENATOR BOB DEUELL: Thank you, Mr. President and members. I appreciate Senator Rodriguez working with me on this. In working with the Texas medical board and other entities we're trying to find a balance of fairness to medical school graduates as they take their licensing exam but also maintaining our obligation to the public and Texas medical board's obligation to the public to protect public safety and we tried to find a compromise what is fair in terms of number of attempts per licensing exam. We talked to a number of people and extenuating circumstances as to why they might need more than one attempt to pass an exam and we came up with this amendment which basically each individual part of the exam has to be passed within five attempts but in all parts of the examination collectively which is three tests no more than nine attempts. So we felt this was probably the fairest and balanced thing to do. So I think this is acceptable to the author.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Rodriguez on floor amendment one.

SENATOR JOSE RODRIGUEZ: Mr. President and members, the amendment is acceptable. Thank you, Senator Deuell, for working with me on this. Appreciate it.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senators. Members, Senator Deuell moves the adoption of floor amendment No. 1. It's acceptable to the author, Senator Rodriguez. Is there objection from any member? Chair hears no objection from any member and floor amendment No. 1 is adopted. Chair recognizes Senator Rodriguez for a motion.

SENATOR JOSE RODRIGUEZ: Mr. President and members, I move passage to engrossment.

LT. GOVERNOR DAVID DEWHURST: Members, you've heard the motion by Senator Rodriguez. The secretary will call the roll -- is there objection from any member? The Chair hears no objection from any member and Committee Substitute to Senate Bill 1021 as amended passes to engrossment. Chair recognizes Senator Rodriguez for a motion to suspend the constitutional rule that bills be read on three several days.

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

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Members, you heard the motion by Senator Rodriguez. 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 DAVID DEWHURST: There being ayes and one nay, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to Senate Bill 1021 as amended. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1021 relating to certain examination requirements for physicians.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Rodriguez for a motion.

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

LT. GOVERNOR DAVID DEWHURST: Members, you've heard the motion by Senator Rodriguez. 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 DAVID DEWHURST: There being ayes and one nay, Committee Substitute to Senate Bill 1021 as amended is finally passed.

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

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Eltife for a motion on a concurrence with the House.

SENATOR KEVIN ELTIFE: Thank you, Mr. President and members. Members, I'm asking to suspend rule 7.21, it's the 48-hour layout rule on concurrence. And the reason is the bill we're going to concur on SB 1353 is the exact same bill that left here. They struck some language and added the exact same language right back to the bill. So I'm asking that you please allow me to suspend rule 7.21. That's my motion, Mr. President.

LT. GOVERNOR DAVID DEWHURST: Struck, added back, word for word.

SENATOR KEVIN ELTIFE: Yes, Mr. President.

LT. GOVERNOR DAVID DEWHURST: Just wanted to make sure I heard what you said. Great. The -- members, the motion before us is to suspend rule 7.21, the posting rule, so that Senator Eltife can concur on this bill. Is there objection from any member? Chair hears no objection and the motion is adopted. Chair recognizes Senator Eltife for a motion to concur in the House amendments to Senate Bill 1353.

SENATOR KEVIN ELTIFE: So moved, Mr. President.

LT. GOVERNOR DAVID DEWHURST: Members, Senator Eltife moves that the Senate concur in the House amendments to Senate Bill 1353. 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 DAVID DEWHURST: There being ayes and no nays, the motion is adopted.

SENATOR KEVIN ELTIFE: Thank you, Mr. President. Thank you, members.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Wentworth for a motion to concur in the House amendments to Senate Bill 132.

SENATOR JEFF WENTWORTH: Thank you, Mr. President, I do move that the Senate concur in House amendments to Senate Bill 132. Members, Senate Bill 132 was relating to registration with the selective service system of certain applicants for driver's license or personal ID. The only amendment that the House made is a simple sentence that says an application under this section must give written notice to an applicant that information regarding alternative service options for applicants who object to conventional military service for religious or other conscious reasons is available from the department upon request. Mr. President, I move that the Senate concur in House amendments to Senate Bill 1342.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Members, Senator Wentworth moves that the Senate concur in House amendments to Senate Bill 132. 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 DAVID DEWHURST: There being ayes and no nays, the motion is adopted.

SENATOR JEFF WENTWORTH: Thank you, Mr. President and members.

LT. GOVERNOR DAVID DEWHURST: Senator Hinojosa on 977. Chair recognizes Senator Hinojosa for a motion to concur in the House amendments to Senate Bill 977.

SENATOR JUAN HINOJOSA: Thank you, Mr. President. I move to concur with a House amendment to Senate Bill 977 which deals with local taxes and the amendment by the House adds language that makes clear that Texas collected from this project go into a trust account maintained with the state comptroller office and not the general state treasury. This has been the extended operating practice since the enactment of this program but there was no expressed statutory language dealing with this issue. Just to clarify an amendment. But also need to make clear that what the intention of this amendment is and that is that section 2303.5055 does not authorize the refund of any state taxes, it only applies to local taxes. And I would move adoption.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Members, Senator Hinojosa moves that the Senate concur with House amendments to Senate Bill 977. 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 DAVID DEWHURST: There being ayes and no nays, the motion is adopted. Senator Carona 1125 to concur. The Chair recognizes Senator Carona for a motion to concur in the House amendments to Senate Bill 1125.

SENATOR JOHN CARONA: Mr. President, I do move to concur in House amendments to Senate Bill 1125. The House added a couple of amendments that included demands -- that dealt with demand side renewable energy and also a provision was added to require utilities to submit energy efficient plans. We need to be able to go -- there was one other amendment -- I'm sorry -- the Chisum amendment was dealt with technology of variable speed air-conditioning speed systems. So we need to go to conference and clean the bill up. Therefore I move that -- no, I'm sorry, on this one we don't either. We need to concur, my apology.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Carona. Members, you heard the motion by Senator Carona to concur in House amendments to Senate Bill 1125. 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 DAVID DEWHURST: There being ayes and no nays, the motion is adopted. The Chair recognizes Senator Carona for a motion to concur in the House amendments to Senate Bill 1693.

SENATOR JOHN CARONA: Mr. President and members, the House added two amendments, amendment one directs the Public Utility Commission to be sure expenses are not included in the periodic rate adjustments, only investment are eligible. Also directs the PUC to be sure that things like corporate aircraft and art work are not included. These is good, sensible amendments, I move at this time that we concur to House amendments to Senate Bill 1693.

LT. GOVERNOR DAVID DEWHURST: Members, Senator Carona has moved to concur with the House amendments to Senate Bill 1693. 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 DAVID DEWHURST: Senator Duncan, did you wish to speak on that? Okay. Members, there being 31 ayes and no nays, the motion is adopted. 1087.

SENATOR JOHN CARONA: Yes, sir.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Carona for a motion to not concur in House amendments to Senate Bill 1087.

SENATOR JOHN CARONA: Mr. President and members, this bill deals with video franchising. Unfortunately the House did make a couple of amendments to the bill that are problematic. One of which was a provision that we had put in as a courtesy to Senator Duncan and the community of Lubbock, unfortunately the House saw fit to take that amendment off. That previous provision for Senator Duncan would have preserved in place some agreements made under the current franchise agreement for that city. So with that in mind we are refusing to concur. I request that we appoint a conference committee.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Members, Senator Carona moves that the Senate not concur in the House amendments to Senate Bill 1087 and request an appointment of a conference committee. Is there any objection from any member? Chair hears no objection, so ordered. Are there any motions to instruct? Chair hears none.

PATSY SPAW: Conference committee on Senate Bill 1087: Chair Senator Carona, members, Senator Eltife, Senator Watson, Senator Lucio, Senator Van de Putte.

LT. GOVERNOR DAVID DEWHURST: 321. Chair recognizes Senator Hegar for a motion to not concur in the House amounts to Senate Bill 321.

SENATOR GLENN HEGAR: Thank you, Mr. President and members. Senate Bill 321 is a bill that we passed out quite a while back. It deals with employees allowed to leaving their firearms in their vehicles at work. The House had changed a little bit of the liability language in the bill as well as add a carve out and I would ask that we refuse to concur with House amendments to Senate Bill 321 and appoint a conference committee.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Members, Senator Hegar moves to not concur in the House amendments to Senate Bill 321 and requests appointment of a conference committee. Is there objection from any member? Chair hears no objection from any member, so ordered. Are there any motions to instruct? Chair hears no motions to instruct. Following conferees.

PATSY SPAW: Conference committee on Senate Bill 321. Chair Senator Hegar, members Senator Birdwell, Senator Whitmire, Senator Wentworth and Senator Patrick.

LT. GOVERNOR DAVID DEWHURST: Thank you, madam secretary. Senator Whitmire, may I interrupt just for -- and this is on 316, 316. Chair recognizes Senator Whitmire for a motion to not concur in the House amendments to Senate Bill 316.

SENATOR JOHN WHITMIRE: I move that we not concur and I ask appointment of a conference committee.

LT. GOVERNOR DAVID DEWHURST: Thank you. Members, Senator Whitmire moves that we not concur in the House amendments to Senate Bill 316 and he requests the appointment of a conference committee. Is there objection from any member? Chair hears no objection from any member and it's so ordered. Are there any instructions, are there any motions to instruct? Chair hears no motion to instruct. The following conferees. Secretary will read the conferees.

PATSY SPAW: Conference committee on 316 Chair Senator Whitmire, members, Senator Huffman, Senator Hinojosa, Senator Hegar and Senator Carona.

LT. GOVERNOR DAVID DEWHURST: Members, following bills and resolutions on first reading in reference to committee. Secretary will read the bills and resolutions.

PATSY SPAW: House Bill 51 to natural resources. House Bill 1013 to health and human services. House Bill 2594 to business and commerce. House Bill 2560 to criminal justice. House Bill 1937 to transportation and homeland security. Senate resolution 1006 to state affairs. HCR34 to administration.

LT. GOVERNOR DAVID DEWHURST: Members, the following motion in writing by Senator West. Secretary will read the motion.

SENATOR ROYCE WEST: Mr. President, I move to suspend Senate rules 11.10 and 11.18 so the Senate committee on intergovernmental relations can hear the following bills on Wednesday May 18th, 2011, in E1.028 at 9:30 a.m. House Bill 709 by Fletcher relating to the creation of the Harris County municipal district No. 524. House Bill 782 by Davis relating to the requirement that certain bond issuers obtain an appraisal of property that it is purchased with bond proceeds. House Bill 886 by Smith relating to the creation of the Harris County municipal district No. 528. House Bill 1071 by Davis relating to extension of deed services in certain real estate subdivision. House Bill 1371 by Gonzales relating to vehicle parking requirements and certain municipal housing authority communities. House Bill 1400 by Elkins relating to the payment of cost of improvement districts by designated by municipality or county. House Bill 1429 by Deshotel relating to rights and remedies of certain residential tenants. House Bill 1496 by Gallego relating to contracting authority of the (inaudible) County hospital district. House Bill 1525 by Gallego relating to the board of directors of management district. House Bill 1568 by Coleman relating to (inaudible) of the Harris County municipal district and certain local governmental entities to employee contract for employed physicians. House Bill 1690 by or relating to emergency services districts. House Bill 1649 by Marquis relating to building code standards for new residential standards and incorporated area of a county. House Bill 175 by Rodriguez relating to a county pilot municipality district No. 4. House Bill 1760 by Rodriguez relating to creation of pilot nonmunicipality district No. 5. House Bill 2104 by Jackson relating to the amount of the bond for contract county taxes required to be given by the debt assessor (inaudible) by certain counties. House Bill 1625 by Coleman relating to certain governing bodies local planning organizations. House Bill 2197 by Rodriguez relating to purchase of property by certain homestead and land bank program. House Bill 2220 by Davis relating to the requirement to prepay ad valorem taxes prerequisites (inaudible) or protest. House Bill 2265 by Ritter relating to county audit of a hotel relating to the hotel occupancy tax. House Bill 2363 by Flynn relating to cessation of the Bexar -- Bexar municipality district of county. House Bill 3096 by Kolkhorst relating to the cancellation of a subdivision by a commissioner's court. House Bill 3111 by Craddock relating to fees to finance capital improvements in certain municipalities. House Bill 3803 by Phillips relating to the creation of (inaudible) district No. 2 Greyson county. House Bill 3842 by (inaudible) relating to the creation of bridge land management district. House Bill 3859 by (inaudible) relating to the creation of municipal management district No. 1. HJR63 by Pickett proposing a constitutional amendment relating to the assessment of certain companies established by the legislature. Motion by West.

LT. GOVERNOR DAVID DEWHURST: Members, you heard the motion in writing by Senator West to suspend the Senate rules 11.10 and 11.18, so I think the number's 23, I could be wrong, that the Senate committee on intergovernmental relations can hear the bills that were just read tomorrow morning at 9:30. Is there objection from any member? Chair hears no objection from any member and the rules are suspended. Senator Carona.

SENATOR JOHN CARONA: Mr. President at the appropriate time I'd like to be recognized for a motion to suspend rules 11.10 and 11.18.

LT. GOVERNOR DAVID DEWHURST: You're recognized.

SENATOR JOHN CARONA: Mr. President, I would like to suspend Senate rules 11.10 and 11.18 so that the Senate business and commerce committee can meet tomorrow morning. That's Wednesday morning. May 18th 8:00 a.m. in the Betty King room to take up pending business including TWIA and the following items. House Bill 1469, House Bill 2592, House Bill 2594, House Bill 2931, House Bill 3167, House Bill 3410 and House Bill 3453. Again announcing a Senate business and commerce meeting tomorrow morning Wednesday at 8:00 a.m. in the Betty King room.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Carona. Members, you heard the motion by Senator Carona to suspend Senate rules 11.10 and 11.18 so he can take up bills in his committee tomorrow. Is there objection from any member? The Chair hears no objection and the rules is suspended. Members, the president's desk is clear. Are there announcements? Senator West, in your absence we passed your motion in writing.

SENATOR ROYCE WEST: Mr. President, the intergovernmental relations committee will meet 15 minutes upon adjournment at the designated place in the auditorium extension.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator West. And by the way we did pass that motion in writing on the 23 bills. Chair recognizes Senator Zaffirini for an announcement.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. Mr. President and members, the Senate higher education committee will meet tomorrow Wednesday May 18th at 7:30 a.m. in E1.012. We do expect this to be our last hearing. Thank you, Mr. President.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Chair recognizes Senator Williams for an announcement.

SENATOR TOMMY WILLIAMS: Yes, sir. I move to suspend the 24-hour posting rule in accordance with with Senate rules 11.10 and 11.18 in order for the Senate committee on transportation and homeland security to hear the following bills tomorrow May 18th at 8:00 a.m. in E1016. House Bill 2541 by Solomons, House Bill 2596 by Garza, House Bill 3823 by Thompson, had been 2032 by (inaudible), House Bill 3030 by McClendon, House Bill 3421 by Miller, and House Bill 3324 by the Senate sponsors Watson and House Bill 2623, the Senate sponsor is Watson.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Williams. Chair recognizes Senator Duncan for an announcement.

SENATOR ROBERT DUNCAN: Thank you, Mr. President and members. I move to suspend the 24-hour posting rule in accordance with rule -- Senate rule 11.10 and 11.18 in order for the Senate committee on state affairs to take up the following bills tomorrow morning Thursday May 18th at 9:00 a.m. in the Senate chamber. House Bill by Dutton, (inaudible) or Ellis., House Bill 2089 by Smithee Senate sponsor Fraser, House Bill 2173 by Torres, Senate sponsor Van de Putte and House Bill 2292 by Hunter, Senate sponsor Van de Putte. Members, if there's no questions I move suspension.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Duncan. Members, Senator Duncan moves to suspend the Senate rules 11.10 and 11.18 to take up bills in the Senate state affairs committee tomorrow. Is there objection from any member? The Chair hears no objection and the rule are suspended. The Chair recognizes Senator Shapiro for an announcement.

SENATOR FLORENCE SHAPIRO: Thank you, Mr. President and members. The committee on education will reconvene at 3:45 in room E1028 to vote out our pending bills and we have a lot.

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

SENATOR CHRIS HARRIS: Thank you, Mr. President. Jurisprudence will meet 15 minutes after adjournment in the Betty King room.

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

SENATOR JOHN WHITMIRE: Thank you, Mr. President. I would move that the Senate committee on criminal justice meet 30 minutes in E106 at 3:45, please.

LT. GOVERNOR DAVID DEWHURST: Members, any other announcements? Hearing no additional announcements the Chair recognizes the Dean of the Senate for a highly privileged motion. The Chair recognizes the dean of the Senate for a highly privileged motion. I'm sorry -- excuse me, Dean, just for a moment. I didn't see Senator Duncan. Senator Duncan, for what purpose?

SENATOR ROBERT DUNCAN: Thank you, Mr. President and members. My suspension of note was in error a while ago and I need to once again suspend on the House bills that I announced and if I could, I would move to withdraw the previous suspension and move as follows that we suspend the 24-hour posting rule in accordance with Senate rule 11.10 and 11.18 for the Senate state affairs committee to take up the following bills tomorrow morning. House Bill -- tomorrow morning May 18th at 9:00 a.m. here in the chamber House Bill 1226, House Bill 1289, House Bill 2173 and House Bill 2292 by Hunter.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Duncan. Members, the motion by Senator Duncan is rescind resend the previous suspension and he moves to suspend the rules to take up the House bills that he listed tomorrow morning. Is there objection from any member? Chair hears no objection and the motion is adopted. Chair recognizes the dean of the Senate for a highly privileged motion.

SENATOR JOHN WHITMIRE: Thank you, Mr. President. I move that the Senate adjourn until 11:00 a.m. tomorrow.

LT. GOVERNOR DAVID DEWHURST: Members, you heard the motion by Senator Whitmire. Is there objection from any member? The Chair hears no objection, so ordered. The stands adjourned until 11:00 a.m. tomorrow morning.

(Adjourned.)