Senate Transcript, May 2, 2011

SENATOR KEVIN ELTIFE: Senate will come to order. Secretary please 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: A quorum is present. Senator Birdwell, you're recognized to introduce the pastor of the day.

SENATOR BRIAN BIRDWELL: Thank you, Mr. President. Members, please allow me the opportunity to introduce Reverend Ross Weaver, pastor of Shepherds Valley Cowboy Church in Johnson County and host of Cowboy Church TV. That's very appropriate because Russ is a champion PRCA calf roper and a real Texas cowboy. Thank you, Mr. President.

SENATOR KEVIN ELTIFE: Thank you, Senator Birdwell. All on the floor and in the gallery please rise for the invocation to be delivered by Pastor Russ Weaver. Shepherds Valley Cowboy Church of Collie Burn.

PASTOR: Thank you. And I wrote this prayer before the actions yesterday but I think it would be good for us to give thanks to God for the protection of our people involved in the actions yesterday included in this as we pray. Let's pray. Dear heavenly Father, we are grateful for the land You have given to "we the people," the United States of America and, specifically, the great State of Texas. You said if Your people would humble themselves and pray that You would heal our land. We're praying. You're still God. Humbly we invoke Your healing and Your blessings on our land. Our leaders are facing decisions today. This session will have an effect on our lives, decisions that will trigger Your approval and the blessings that follow or Your disapproval and the curses that come with. I ask You please to give them wisdom to see the long term and the big picture. I ask You to make their spirits sensitive to Your prompting. I ask that You help them to see past preconceived notions and that "Your will be done" be the guide through the agenda. In Jesus' name I pray. Amen.

SENATOR KEVIN ELTIFE: Thank you, Pastor. You may be seated. Chair recognizes the Dean of the Senate John Whitmire.

SENATOR JOHN WHITMIRE: Mr. President, could I have everyone's attention for --

SENATOR KEVIN ELTIFE: Members, if you would take your seats, please. Members, if you would please take your seats. Thank you.

SENATOR JOHN WHITMIRE: Mr. President, would it be proper at this time on behalf of the entire Senate to show our support and appreciation for our leaders, those Navy Seals, the CIA, everyone involved in the operation. I know there's going to be other remarks, there's going to be a resolution I understand. Our lieutenant governor is out speaking to other fallen heroes families, our police officers, but would it be proper at this time as a body and maybe the press everyone that hears our words to give a standing ovation for our service men, our Navy and also recognize our own hero Senator Birdwell, I can't imagine what his emotions are today. But could I at this time ask my colleagues, and would it be proper, Mr. President, for us to stand as a group and give a standing ovation for everyone involved in the events and the success in the last 24 hours?

SENATOR KEVIN ELTIFE: Yes, Senator Whitmire, it sure is. Senator Lucio, you're recognized at this time.

SENATOR EDDIE LUCIO: Thank you, Mr. President and members. Thank you, Dean Whitmire, for the start of what I believe will be a day of remembrance for the young men and women who have died in the fight for terrorism. I know I've had a lot in my district unfortunately that have passed away fighting tourism. But today I rise to thank president Barack Obama and the national security team. Over the weekend Al Qaeda leader Osama Bin Laden was killed by U.S. forces in Pakistan. No Americans were killed or injured during the operation. Through precise, well planned operations our military was able to remove from the world a force of evil. President Obama has called this the most quote most significant achievement to date in our nation's effort to defeat Al Qaeda. I concur with secretary of state Hillary Clinton that terrorism cannot defeat us and that terrorists can make the choice to abandon Al Qaeda and participate in a peaceful political process. In 2001 Bin Laden masterminded the 9/11 attacks in which nearly 3,000 people died. It was the most domestic attack in the United States since Pearl Harbor. Those who died were more Americans, immigrants and visitors, Christians, Muslims and Jews. So today we are joined by many people around the world from many different backgrounds in congratulating President Obama and his administration. We also share breathing a solemn sigh of relief. I use the word "solemn" in recognition of those who have died over the last decade combating Al Qaeda around the world. Remembering their sacrifice surely cut short our celebrations even as we celebrate the death of a monstrous person. We must also take a moment and remember in our prayers those Americans around the world who work in our international embassies. All U.S. embassies have been put on alert as they run the risk of being targets of revenge attacks. I also hope that as a nation we can now move on and continue to promote the world of peace, tolerance and understanding. This is a point in history from which America can move forward from the pain and anger we have experienced since 9/11. This is our moment to put to rest many of our fears. President Obama pointed this out when he said quote, "We must also reaffirm that the United States is not and never will be at war with Islam." Indeed Bin Laden's body was buried at sea to conform with the Islamic practice of a burial within 24 hours so while there is victory there is also respect, valor and sensitivity went hand in hand. This is the America which I am proud of. God bless the United States of America. Thank you, Mr. President. Thank you, members.

SENATOR KEVIN ELTIFE: Thank you, Senator Lucio. Senator Fraser, you're recognized.

SENATOR TROY FRASER: Members, I -- probably like you last night about 10:00 o'clock as all this was unfolding and I heard Linda scream at me from downstairs, they got Osama Bin Laden and we turn on the television watching it unfold and I have to tell you that as that was going, my mind continued to bring up the veterans that are in this body Senator Birdwell, Chewy, Carlos, Senator Ogden, Senator Wentworth that those of those that have fought, you know, for us to make sure that we can meet in freedom today. But also thought a lot about the fact that Fort Hood and Dais being in my district I suspect -- I've never seen the numbers on it but I suspect during the war on terror I probably have lost more constituents than anyone because the Fort Hood guys were the first ones to show up and the losses were great. That we have to always remember that this all started as an attack on our nation. They attacked our nation and this actually gets very, very personal. We've got, as you know, a member of this body that was on the receiving end of that first attack. And has suffered through a lot of challenges not only to stay alive, get back healthy but then also to be here with us today. Senator Birdwell, this gets very personal. This is personal to you and I know and this is not revenge, this is about justice. You know, we're recognizing today on behalf of you the act that happened last night is reminding the rest of the world that there is still justice out there in this world and we recognize very much that you being with us today, we're glad you're here, we appreciate the fact you served and the fact that we're recognizing that justice has been served.

SENATOR KEVIN ELTIFE: Thank you, Senator Fraser. Senator Patrick, you're recognized.

SENATOR DAN PATRICK: Thank you, Mr. President and members. I -- last night when the news broke, the first person I thought about was our colleague who I had the honor of meeting almost three years ago when I was seeing a veterans day event in Houston and he was the keynote speaker and we had not met before. Little did I know we would be serving together and voting together in many cases and I thought how it must impact you as the rest of the country celebrated the heroics of our Navy Seals team. And something else that I thought about members is that our Navy Seals team didn't do it the easy way. The easy way would have been to send in a missile and take out the entire compound and not put 40 Navy Seals at risk. We know what happened in Black Hawk Down and Somalia. We know what happened four decades ago in an attempted rescue in the 70s. There was no guarantee every Seal would come back, that those Navy Seals would come back. But those Navy Seals put their lives on the line. Instead of firing a missile because the president, which I think made the wise decision, wanted to be sure they had the right person and the best way to do that was put men on the ground to kill him or capture. And I'm sure as the events unfold over the next several days and we learn more, we'll see what a heroic mission it was, 40 minutes on the ground and without except a technical mishap, everyone came back alive. So it speaks to who we are in America. We do it the right way, we never do it the easy way. Sometimes it's the hard way, but it's the right way. And that was the right way last night. So Senator Birdwell, I join Senator Fraser and I know other colleagues who may or may not speak today that we stand with you for these last ten years and the recovery that you made and the 32 surgeries I believe that you had and what you and your family endured, so we hope this is somewhat closure for you and we're all proud to stand with you today at this moment as we are proud of America. Thank you, Mr. President.

SENATOR KEVIN ELTIFE: Thank you, Senator Patrick. Senator Hinojosa, you're recognized.

SENATOR JUAN HINOJOSA: Thank you, Mr. President and members. Today I'm so proud of our military and the courage that our soldiers showed, as you said, Senator Patrick, going in and taking out a terrorist, a symbol of evil who had no respect for human life, no respect for our families and families all over the world. And Senator Birdwell, as a fellow veteran, let me tell you I empathize and I share your pain but I also share your pride and that we finally got this terrorist who caused so much damage, so much harm to the people not only of our country but to a world. We show that anyone, anyone who attacks our country cannot hide because we will never tire or give up and we will hunt them and find them until we bring them to justice and justice has been done.

SENATOR KEVIN ELTIFE: Thank you, Senator Hinojosa. Senator Birdwell, you're recognized.

SENATOR BRIAN BIRDWELL: Thank you, Mr. President. Let me thank my fellow members for your kind remarks, Senator Fraser, Senator Hinojosa, Senator Patrick. Last night I was doing my due diligence at about 10:30 and going through a bill book and trying to get caught up on my duties that I now have and got a call from my chief of staff and said turn the TV on. And that's the same way September 11th started out for my wife Mel. There's so many things that are on my mind that I don't want to take the body's entire day here. But, Senator Fraser, you mentioned how personal it is and that's true it is. Not so much for me in the experience that I went through but I think about Cheryl and Sandy and being the last person to speak to them before I stepped out and their families and what they're feeling today and Antoinette's family that put their arms around Mel in the hospital waiting room, particularly when their daughter died a few days after the attack and what was going through the other families' minds as the fist survivor fell and how many more would fall. The nature of how personal this struggle is for those that have served our nation, I think about Merlin German. Merlin was a 97 percent total body burn, he spent three years and two months in Brook Army Medical Center's hospital before he passed away. And he passed away on his 143rd trip to the operating room. That delineates the capacity for sacrifice and suffering that is bred in the American spirit. Senator Hinojosa, you mentioned about justice and same with Senator Patrick, Senator Fraser, the best way to embody that difference is as I was watching then events unfold last night and seeing Americans around the White House and at Time Square and other places in their jubilation, there's a seminal difference between the jubilation that the Americans were feeling last night and this morning from the jubilation that I saw in streets in the Middle East and the tapes I saw after September 11th of the cheering crowds that the Towers had fallen and the Pentagon was burning and that's that we had done justice to a murderer who deserved the death he got and we were celebrating that justice was being done rather than our enemies celebrating the slaughter of innocent life. And that justice is what separates us from so many other nations out there in the world. What we celebrate and what we cherish makes us uniquely special here in the United States. Most of all I would answer some of the questions about is this going to bring great retaliation. I could spend time getting you into the school of events, military studies and analysis stuff that would bore you, and I don't mean to, but that's the wrong question. The question isn't whether we as a nation are making our enemies mad, the question is what are we doing as a nation to make sure that our enemies never to make us mad. And last night's operation answered that question. I take great pride in having the honor to have joined you here on the floor of the state Senate addresses the issues associated with our state and the challenges that face us and I appreciate you taking this moment of pause to remember not just the events of that day, remember not just those that continue to serve, but what it means to have the defining character of an American. Thank you, members. Thank you, Mr. President.

SENATOR ROYCE WEST: Mr. President.

SENATOR KEVIN ELTIFE: Thank you, Senator Birdwell. Senator West, you're recognized.

SENATOR ROYCE WEST: Will Senator Birdwell yield.

SENATOR KEVIN ELTIFE: Senator Birdwell, you yield to Senator West?

SENATOR ROYCE WEST: Senator Birdwell, thank you very much for your service on behalf of all of us in here, Democrats, Republicans. Thank you very much for your service. And I would ask you at this point if you don't mind, would you lead all of us in the pledge of allegiance. Old Glory is behind that post, Mr. President. Can we move Old Glory out and put it in front of us all. And if you don't mind, would you lead us in the pledge of allegiance, sir.

SENATOR BRIAN BIRDWELL: Thank you, Senator West, I would be honored to do so. Would those in the gallery please rise and those on the floor please rise? Please join me. I pledge allegiance to the flag of the United States of America and to the republic for which it stands one nation under God indivisible with liberty and justice for all.

SENATOR KEVIN ELTIFE: Members, very well done. Senator Patrick, you're recognized.

SENATOR DAN PATRICK: Yes, I would like to request that Senator Birdwell's remarks be recorded to the journal.

SENATOR KEVIN ELTIFE: Members, you heard the motion by Senator Patrick, is there objection? Chair hears none, so ordered. The Chair lays out the following resolution. Secretary please read the resolution.

PATSY SPAW: Senate Resolution 889 by Van de Putte and Williams. Whereas, the Senate of the state of Texas takes great pride in recognizing the devotions and sacrifice of the members of the United States military who so honorably serve our country. And whereas today the Senate is most honored to pay special tribute to those forces who over the last decade have been committed to the war on terrorism and the search for the notorious Al Qaeda leader Osama Bin Laden; And whereas it is due to the steadfast commitment of the American government and the courage and skill of our military troops that the world today can rejoice in the greater security and safety brought about by the successful military action against this terrorist organizations and its leader who was responsible for the murder of nearly 3,000 innocent American civilians on September 11th, 2001; And whereas, Texans have accounted for a significant number of the many military men and women who have been deployed since 2001 to Afghanistan and Iraq and many of these service members have lost their lives or been wounded in the conflicts that have ensued over these long years; And whereas those who planned and participated in the operation that was carried out in Pakistan, against Osama Bin Laden deserve the highest of praise for the extraordinary valor and expertise which they exhibited during this challenging mission. To their tremendous credit, their heroic actions will live forever in the annuals of history. Now, therefore be it resolved that the Senate of the state of Texas 82nd legislature hereby commend the military forces who have made extraordinary sacrifices to serve our state and our nation and pay highest tribute to those incredibly brave individuals who participated in this successful mission. And be it further resolved that a copy of this resolution be prepared in recognition of this milestone in the ongoing effort to combat worldwide terrorism. By Van de Putte and Williams.

SENATOR KEVIN ELTIFE: Chair recognizes Senator Van de Putte on the resolution.

SENATOR LETICIA VAN DE PUTTE: Thank you, Mr. President and members. Sunday May 1st will be a day that we will also recognize when the long hunted Al Qaeda leader, chief architect and financier of the attack of our own U.S. citizens on our soil that took place on September 11th, 2001. What has been described as a surgical raid, the Navy Seals team, team six which supposedly doesn't exist culled Bin Laden in his hideout in Pakistan. This is indeed a seminal moment for the United States and a testament to the resolve and dedication and the selflessness of our fighting forces. Members, in the Senate with us today we have General Nichols, our Texas adjunct general. Now, we have had over 29,000 Texas Guard men and women been deployed in combat theater since 9/11. There are approximately 2400 who are deployed now with anticipated another 300,000 this coming year. Sixteen of our Guard members did not return home. In the full decade that has involved in the fighting in this war on terror, there are many stories of bravery and of fortitude because our fighting forces have done what we asked them to do. To the men and women in our Armed Forces and in particularly to our intelligence community, we extend find our deepest and sincere appreciation and respect. And I know that I speak along with Senator Williams when we say thank you, thank you and thank you. The hollowed memories of the nearly 6,000 American service members including 512 Texans who have given their lives in defense of our nation and in the pursuit of our enemies during the global war on terror. There are simply no words to effectively and fully encompass the gratitude of this state, this country and her citizens and their bravery will always be remembered. As I listened to our president last night during his address and he said we will be relentless in defense of our citizens, friends and allies. We will be true to the values that make us who we are. And on nights like this one we can say to the families who have lost a loved one to Al Qaeda terror, justice has been done. On this deeply gratifying day, let us reflect on the appropriateness of this act of justice, of the men and women in our military who have made it possible. When I heard the news last night, I thought about the San Antonio families who lost a daughter, in fact, two daughters. One in the Pentagon and one on that flight that was diverted in Pennsylvania. And Senator Birdwell, I'm sorry I didn't think about you first, I thought about Mel. I thought about Mel because I didn't know if you were with her last night. I thought you might already be here in Austin, and I didn't know if she was with you. But in leading reading book together,it was a journey together and certainly we pay homage to all those service members and to the 3,000 that Bin Laden took from us on that dreadful day. But I thought about Mel and what was going through her mind and her heart and I knew that once again if she wasn't with you, she just wanted to hold on tight to you. Maybe our president George Washington said it best, when he said the administration of justice is the firmest pillar of government. Members, I ask that we pass this Senate resolution on this very historic day.

SENATOR KEVIN ELTIFE: Thank you, Senator Van de Putte. Members, is there objection to the adoption of the resolution? Chair hears none, resolution is adopted. Thank you. Senator Gallegos, for what purpose?

SENATOR MARIO GALLEGOS: Mr. President, I move to add all members' names to the resolution.

SENATOR KEVIN ELTIFE: Members, you have heard the motion by Senator Gallegos, is there objection? Chair hears none, so ordered. Thank you, Senator Gallegos. Senator Whitmire moves to dispense the readings of yesterday's journal. Is there objection? Chair hears none, so let it be ordered. Chair recognizes Senator Estes to introduce the doctor of the day.

SENATOR CRAIG ESTES: Thank you, Mr. President and members. What a great day to be an American. It's my honor, members, to introduce the doctor of the day from Decatur, Texas, Dr. C Kelley Tibbels. Dr. Tibbels is a practicing physician at Wise County Medical Center, he graduated from the University of Texas Medical School at Houston and has served in the U.S. Air Force. Dr. Tibbels is also the current president of the Three Rivers MSO and medical services organization indicator. Members, please join me in welcoming Dr. Tibbels to the Texas Senate.

SENATOR KEVIN ELTIFE: Thank you, Senator Estes. Thank you, Doctor, for being here today. Members, if there's no objection I would like to postpone the reading and referral of bills until the end of today's session. Is there any objection? The Chair hears none, reading and referral is postponed. Thank you, members. Members, we have a memorial resolution. The Chair lays out the following resolution. Secretary please read the resolution.

PATSY SPAW: Senate Resolution 845 in memory of Officer J.D. Tippit of the Dallas police department who died November 22nd, 1963. By Carona.

SENATOR KEVIN ELTIFE: The Chair recognizes Senator Carona on the resolution.

SENATOR JOHN CARONA: Thank you, Mr. President and members. Today is a very special day that we pay tribute to the life and heroism of Officer JD Tippit of the Dallas police department who died November 22nd, 1963, while on patrol in Dallas on that fateful day when president John F. Kennedy was assassinated. Officer Tippit responded to an all points bulletin that responded shortly thereafter and Officer Tippit was a brave and courageous police officer who sacrificed his life in the line of duty while serving the city of Dallas as well as his country. His life and loss remain vivid in the minds of those who remember the tragic happening of that day. Joining us on the Senate floor today we're honored to have Marie Tippit, the widow of Officer JD Tippit. Accompanying Ms. Tippit is her friend Theresa Lozado and Dallas Police Officer Rick Janich. And also we recognize those peace officers from around the state which are here on the Capitol grounds today that have joined us throughout the Capitol to honor Texas police officers who have died in the line of duty and given the ultimate sacrifice. It is a pleasure, Ms. Tippit, to have you here today and I move passage at this time of Senate Resolution 845 and ask that when the Senate adjourn today it does so in memory of Officer JD Tippit.

SENATOR KEVIN ELTIFE: Thank you, Senator Carona. Senator Deuell, you're recognized on the resolution.

SENATOR BOB DEUELL: Thank you, Mr. President, members. Senator Carona, thank you for doing this. I was in Dallas the day that President Kennedy and Officer Tippit were killed, actually delivered the Dallas Times Herald and the Dallas Morning News. There was a lot of people were interested in the papers those days, my house is right by the cemetery where Officer Tippit is buried at the end of Marcelles. So a very meaningful day to all of us but especially me. And, gosh, I never thought I'd get to say hello to you and how much I appreciate your husband's service and what you've gone through in the last years. And welcome to the Texas Senate.

SENATOR KEVIN ELTIFE: Thank you, Senator Deuell. Would all those in the favor of the resolution please rise? The resolution is adopted. Senator Wentworth, for what purpose?

SENATOR JEFF WENTWORTH: Mr. President, for a couple of things. One I want to follow up on what Senator Deuell said. He mentioned that he was in Dallas on November 22nd that fateful day, I was actually stationed in the Army in Dallas that day and saw the president and Vice President Johnson and Governor Connelly and his wife ten minutes before the president was shot and was at Dallas City Hall the following day and saw Lee Harvey Oswald being transferred from his cell to the interrogation room, on the same spot where one day later Jack Ruby shot and killed Lee Harvey Oswald. It was an amazing day that all of us remember. The other thought is because the Senator three seats behind me in the tan outfit, very stylish dress, has a special day today and I think we need to make note of the fact --

SENATOR KEVIN ELTIFE: What is that, Senator Wentworth?

SENATOR JEFF WENTWORTH: Well, I'm not sure she wants anybody to know, but in fact it is her birthday today.

SENATOR KEVIN ELTIFE: Are you talking about Senator Shapiro?

SENATOR JEFF WENTWORTH: Yes, Senator Shapiro, who Jane Nelson tells me is 40 today.

SENATOR KEVIN ELTIFE: Senator Wentworth, are you telling us today is Senator Shapiro's birthday?

SENATOR JEFF WENTWORTH: I am, yes, sir.

SENATOR KEVIN ELTIFE: Happy birthday, Senator Shapiro. Members, we do have another memorial resolution. Chair lays out the following resolution. Secretary will read the resolution.

PATSY SPAW: Senate Resolution 884. WHEREAS, The Senate of the State of Texas honors and commemorates the life of Janie Cuellar Salinas, who died June 12, 2010, at the age of 43; and WHEREAS, Janie Cuellar was born and raised in Weslaco; she graduated from Weslaco High School in 1985 and received a bachelor's degree from North Texas State University in 1989; and WHEREAS, Janie excelled in everything she did; she was a hardworking and dedicated employee of various businesses and was very involved in politics, campaigning successfully for family members, including her husband, J. D. Salinas III, a former Hidalgo County Judge; and WHEREAS, She was very active in the Saint Joseph Catholic Church in Edinburg and more recently at Holy Family Catholic Church in Fort Worth; she was a positive, outgoing, and cheerful woman and made friends easily; she had already established many friendships and a sense of community in her neighborhood in Fort Worth; and WHEREAS, Janie enjoyed cooking and scrapbooking, but most of all, she enjoyed being a mother; she was deeply involved with her children's activities and participated in races for various organizations and in fundraising for Relay for Life; and WHEREAS, Janie Salinas was a devoted wife, mother, and sister, and she leaves behind memories that will be treasured forever by her family and her many friends; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 82nd Legislature, hereby pay tribute to the life of Janie Cuellar Salinas and extend sincere condolences to her bereaved family: her husband, J. D. Salinas III; her children, Nicholas, Samantha, Victoria, Gianna, and Gabriella; her brothers and sisters; and her nieces and nephews; and, be it further RESOLVED, That a copy of this Resolution be prepared for her 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 Janie Cuellar Salinas. By Lucio and Hinojosa.

SENATOR KEVIN ELTIFE: The Chair recognizes Senator Lucio on the resolution.

SENATOR EDDIE LUCIO: Thank you, Mr. President and members. It is with with great sadness that we bring up Senate Resolution 884 in memory of an outstanding Texas William woman. Janie Cuellar Salinas. Born and raised in Weslaco, Texas, Ms. Salinas was 43 years young when she passed away last year. She was stricken with heart disease. She was the wife of former Hidalgo County judge JD Salinas who is on the Senate floor with us here today. J.D. Salinas presently serves as the regional director of GSA in Dallas. He is joined by his mother Dora Salinas, Janie's brother Arturo, Carlos Cuellar, Jr., his wife Yolanda Cuellar and their daughter Jenna Cuellar. Janie was a devoted mother of Nicholas, Samantha, Victoria, Jeanna and Gabriella. Janie loved being a mom. Her children were her life, there was not a school activity that she did not participate in. She was the perfect mom. She was an active member of her church and involved in trying to better her community to local politics. At this time I would like to yield to my colleague Senator Juan Hinojosa to speak on the resolution.

SENATOR KEVIN ELTIFE: Senator Hinojosa, you're recognized.

SENATOR JUAN HINOJOSA: Thank you, Mr. President and members. Sometimes life is unfair and in this situation it was unfair that a young woman who loved her family, who was very active, full of energy and full of life left us and left us unexpectedly. It's amazing sometimes how we go about our daily lives not knowing if we're going to be here tomorrow and this young woman was a wife, a mother, very active in her church, the community, was a great asset to us in the valley. And when she moved to Fort Worth, she made the same type of commitment to the Fort Worth community in terms of being active, volunteering to help and take care of children. She was successful in business and successful in personal life. And J.D. my heart is with you because you lost your partner, you lost your wife and the mother of your children and today I offer my condolences to the whole family. Thank you.

SENATOR KEVIN ELTIFE: Thank you, Senator Hinojosa. Senator Lucio.

SENATOR EDDIE LUCIO: Mr. President and members, at this time I would like to ask the rest of the Janie Salinas family seated in the north end of the gallery to be recognized. And with that, members, I'd like to move adoption of Senate Resolution 884.

SENATOR KEVIN ELTIFE: Thank you, Senator Lucio. Would all those in the favor of the resolution please rise? Resolution is adopted. The Chair lays out the following resolution. Secretary please read the resolution.

PATSY SPAW: Senate Resolution 832: WHEREAS, Between 1933 and 1945, Nazi Germany carried out the systematic persecution and annihilation of six million European Jews, as well as millions of other people, and this mass slaughter, known as the Holocaust, will forever signify the devastating results of unchecked intolerance, racism, and cruelty; and WHEREAS, Although it is a painful and wrenching experience to reflect on the tragic events that occurred during those dark years, it is only through remembrance that we can rightfully acknowledge and honor the men, women, and children whose lives were brutally cut short; Jews became the primary victims of the state-sponsored genocide, while Roma, Poles, disabled individuals, homosexuals, Jehovah's Witnesses, Soviet prisoners of war, and political dissidents were also persecuted; ultimately, all of these groups were decimated under the tyranny of the Third Reich; and WHEREAS, This horrific and shameful history is a powerful reminder of our responsibilities as citizens of a democracy to remain vigilant against hatred, bigotry, and violence and to defend the causes of individual freedom, national liberty, and equality and respect for every human being; moreover, we must reject the false claims of those who deny the Holocaust; and WHEREAS, Each year, the United States Holocaust Memorial Council designates an eight-day period as the Holocaust Days of Remembrance, and this year's commemoration extends from Sunday, May 1, through Sunday, May 8, 2011; and WHEREAS, The events of the Holocaust are inextricably linked to the obligation of people everywhere to uphold the cause of human rights, and as we, the people of Texas, recall this disturbing time in history, may we also be mindful of our duty to stand firm against all forms of injustice; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 82nd Legislature, hereby recognize May 1 through 8, 2011, as the Holocaust Days of Remembrance, and encourage all Texans to do their part to keep the stories of Holocaust victims and survivors alive; and, be it further RESOLVED, That a copy of this Resolution be prepared to commemorate the Holocaust Days of Remembrance by Watson.

SENATOR KEVIN ELTIFE: The Chair recognizes Senator Watson.

SENATOR KIRK WATSON: Thank you, Mr. President and members. Today is truly a day of remembrance in so many different ways. The resolution that has just been read reminds us of all of those who were lost as a result of the Holocaust and also reminds us of our need to never forget. I'm personally -- and I know all of us on this floor we develop such relationships as part of being a part of this Senate, that's one of the great things about being part of Senate but particularly on this day when it is the birthday of one of our dear friends, it's an opportunity for us to stop, talk a moment and not only say thank you to her for what she means to each one of us individually but also to say to Senator Shapiro how much we love her and the story that we know of her family. This is a special day. And we're joined ed on the Senate floor today by Jay Ruben who's the chief executive officer of the Jewish Federation of Greater Austin and he is here today as a representative of so many of our friends and our family members who we're remembering today. Also members, Monday May 2nd is

(inaudible) Day. That's Holocaust Remembrance rains day. It commemorates the lives and heroism of the million Jewish people who died in the Holocaust between 1933 and 1945. It's been a tradition that people get together in a public location and read aloud the names of those who lost their lives. And this morning starting at 10:00 o'clock and it will go until 7:00 o'clock today, everyone is welcomed to join me and others at the open air rotunda in the extension as we gather together to read those names. And just at some point today come by at your convenience and participate in this remembrance. Mr. President, I move passage of Senate Resolution No. 832 and I also ask that today we adjourn in memory of all of those who died in the Holocaust on this Holocaust Remembrance Day.

SENATOR KEVIN ELTIFE: Thank you, Senator Watson. Senator Williams, you're recognized on the resolution.

SENATOR TOMMY WILLIAMS: I rise in support of your resolution. I want to thank you for bringing this before us today and share with you that one of the most moving experiences of my life was when I had the opportunity to travel to Israel with Senator Shapiro and visit the Holocaust museum there Yay Masham, I'm probably butchering that. But it was a life changing experience for me. And it is so important that we never forget the horror that was brought down upon these people during that dark period of our history. And thank you for bringing this resolution to us.

SENATOR KEVIN ELTIFE: Thank you, Senator Williams. Senator Shapiro, you're recognized.

SENATOR FLORENCE SHAPIRO: I'm going to do my best. Thank you, Mr. President. Thank you so much, Senator Watson. I really appreciate what you did. You knew I couldn't do it, and so I'm very grateful to you and Senator Williams. Thank you. I would be remiss today if I didn't recognize that my father also shares my birthday today and he's been gone for four years and not a day goes by that I don't think about him. He is, as all of us know, a survivor of the Holocaust but I also would like to, in honor of my immediate family that died, I would like to read into the record my aunt Irma Dorfman who died at age 17 and was killed at Bergan Delson. My grandfather Robert Dorfman who died in Aushitz and my grandmother Freida Dorfman who also died at Bergan Delson. I just want to say thank you for doing this and honoring me as I honor them. Thank you.

SENATOR KEVIN ELTIFE: Thank you, Senator Shapiro. Senator Seliger, you're recognized.

SENATOR KEL SELIGER: Thank you, Mr. President and members. This is a solemn day. Engraved on the shrine at Yah Masham in Israel are the words in Hebrew "never again." Never again can this happen. This must never happen again. But if it is never to happen again, it is not because of words engraved on buildings. It is on emotions engraved in hearts. That there is unfortunately almost no limit to man's inhumanity to man if it is not carefully scrutinized and if responsible people don't act to prevent it. It sounds trite to say but there was a lesson in the Holocaust and that lesson is that if responsible and compassionate people don't watch over those who are not as strong or who are weaker that these things have happened before and they can happen again. It is up to us to whom those words resonate, to those who had family members in parts of Europe during that period of time, it is up to us to see that it happens never again. Thank you, Mr. President.

SENATOR KEVIN ELTIFE: Thank you, Senator Seliger. Senator Ellis, you're recognized on the resolution.

SENATOR RODNEY ELLIS: Thank you, Mr. President. Members, I too would like to thank Senator Watson for giving us this resolution. And thank you, Senator Seliger. And in particular thank you, Senator Shapiro, for helping us to put a real face on lessons we can learn on our history. I had the privilege of working with Senator Shapiro on legislation to create our state genocide commission which is doing great work all around our state to make sure that young kids can benefit from our history as well. And in closing I just want to make a comment to Senator Shapiro, I'm so glad that her father was here when her governor for the day event was held and I will always look back and fondly remember, I was trying to think of what to say at the end of a colleague's governor for a day event since I came up at the end and I thought that we had not recognized her parents. And when I made a comment about her parents you remember, Senator, it was such a thunderous applause. It's a day we will always remember, but thank you for presenting this resolution.

SENATOR KEVIN ELTIFE: Thank you, Senator Ellis. Senator Williams, you're recognized.

SENATOR TOMMY WILLIAMS: Mr. President, I move that all the members' names be added to the resolution.

SENATOR KEVIN ELTIFE: Members, you heard the motion by Senator Williams. Is there objection? Hearing none, so ordered. Senator Watson has moved adoption of the resolution, is there objection? Chair hears none, so ordered. Thank you, members. Members, we have a memorial resolution. The Chair lays out the following resolution. Secretary please read the resolution.

PATSY SPAW: House Concurrent Resolution 47. WHEREAS, Words cannot express the heartache felt at the loss of U.S. Army Private First Class Ira Benjamin Laningham IV of Zapata, who died in Afghanistan on January 7, 2011, at the age of 22; and WHEREAS, Private Laningham enlisted in the army in November 2009, deploying to Afghanistan in October 2010; he bravely served his country as a member of the 2nd Battalion, 30th Infantry Regiment, 4th Brigade Combat Team, 10th Mountain Division, and his courageous actions earned him the Bronze Star Medal, the Purple Heart, and the National Defense Service Medal; and WHEREAS, Born in Greenfield, Massachusetts, on September 1, 1988, Ben Laningham graduated from Zapata High School, where he was trumpet section leader in the marching band and lead trumpet for Mariachi Halcon; he enjoyed playing his guitar and video games and spending time with his family and friends; and WHEREAS, Americans owe a profound debt to our nation's servicemen and servicewomen, whose courageous efforts and enormous sacrifices are deserving of their fellow citizens' deepest respect and gratitude; through his unwavering dedication to duty and honor, Ben Laningham embodied the highest ideals of the United States Army, and memories of his love and friendship will forever be cherished by all those who held him dear; now, therefore, be it RESOLVED, That the 82nd Legislature of the State of Texas hereby pay tribute to the life of U.S. Army Private First Class Ira Benjamin Laningham IV and extend deepest sympathy to the members of his family: to his parents, Norma and Enrique Cantu; to his siblings, Private Joseph Cantu, Enrique Cantu, and Amanda Cantu; to his grandparents, Lauro and Olinda Guerra and Humberto and Felicitas Cantu; and to his other relatives and many friends; and, be it further RESOLVED, That an official copy of this resolution be prepared for his family and that when the Texas House of Representatives and Senate adjourn this day, they do so in memory of Private Ira Benjamin Laningham IV. By Zaffirini.

SENATOR KEVIN ELTIFE: The Chair recognizes Senator Zaffirini on the resolution.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. Mr. President and members, it is my honor and privilege to sponsor House Concurrent Resolution 47 in memory of U.S. Army Private First Class Ira Benjamin Laningham the 4th of Zapata. Private Laningham was killed when his unit was attacked in Afghanistan on January 7th. A natural born leader he was proud to serve in the Army and never wavered in his dedication to his country and his fellow soldiers. A talented musician he played Taps at military funerals. Ben's hometown of Zapata is incredibly proud of him for they know that he was always the life of the party and was known for his infectious laugh but they also new how dedicated he was and what a good soldier he was and how much he loved his country. Ben was loved by all who knew him. Committed to serving his community in all arenas he served in the Zapata county sheriff department before joining the military. At the news of his death there was a tremendous outpouring of support in the community and banners and signs were visible all along U.S. Highway 83. Today we are joined by members of Private Laningham's family. His father Enrique Cantu, his mother Norma Cantu, his brother Enrique Eliden Cantu, his sister Amanda Cantu. And in the gallery are his grandparents (inaudible) Cantu and (inaudible) and other relatives and friends. Would the relatives and friends in the north gallery stand and be recognized as I move adoption of HCR47 in memory of Army Private Class Ira Benjamin Laningham the 4th, a hero from Zapata.

SENATOR KEVIN ELTIFE: Thank you, Senator Zaffirini. Would all those in favor of the resolution please rise? The resolution is adopted. Thank you, members.

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

SENATOR KEVIN ELTIFE: Members, that concludes the morning call. The Chair recognizes Senator Carona for a motion to concur on House Amendment SB539.

SENATOR JOHN CARONA: Thank you, Mr. President. Members Senate Bill 539 dealt with the construction industry. It would amend Texas law to require rather than allow judges to reward costs and reasonable attorney fees to a party who is successfully foreclosed on a mechanics or materialman's lien. The bill would not affect a judge's ability as already exists under current law to adjust an award of cost and fees to ensure that it's equitable and just. Over in the House they added one amendment to the House floor that amended the bill to exclude residential construction projects and I think that change is perfectly acceptable. I move to concur with House amendments.

SENATOR KEVIN ELTIFE: Senator Carona moves to concur on House Amendments SB539. 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: There being 31 ayes and is no nays, the motion is adopted. Thank you, Senator Carona. The Chair recognizes Senator Nichols for a motion to concur on House Amendments SB646.

SENATOR ROBERT NICHOLS: Mr. President and members, the House added one amendment to the Texas Forest Service sunset bill. The amendment simply clarifies that all references to the executive director are gender neutral. The amendments are acceptable to me and my coauthor. I move to concur with the House amendments for the Committee Substitute to Senate Bill 646235.

SENATOR KEVIN ELTIFE: Senator Nichols moves that the Senate concur to the House amendments to SB646. 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: 31 ayes, zero nays, the motion is adopted. Thank you, Senator Nichols.

SENATOR ROBERT NICHOLS: Thank you, members.

SENATOR KEVIN ELTIFE: Senator West, you ready? 462. Senator West is recognized for a motion to suspend the regular order of business on Committee Substitute SB462.

SENATOR ROYCE WEST: Mr. Chairman and members, this is Senate Bill 462. We stopped on third reading a few days ago. I move at this time to suspend the regular order of business to take it up.

SENATOR KEVIN ELTIFE: Senator West moves suspension of the regular order of business to take up and consider Committee Substitute SB462. 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: 22 ayes, eight nays, the rule is suspended. The Chair lays out on third reading and final passage.

SENATOR ROYCE WEST: Mr. President and members, I need to -- I'm working with Senator Huffman on an amendment which I think is a very good amendment, so I'd like to pull this down for about ten, 15 minutes.

SENATOR KEVIN ELTIFE: We're going to go ahead and lay it out and then pull it down. The Chair lays out on third reading and final passage Committee Substitute SB462. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 462 relating to the expunction of records and files relating to a person's arrest.

SENATOR KEVIN ELTIFE: Senator West now moves to temporarily postpone consideration of Committee Substitute SB462.

SENATOR ROYCE WEST: Until 12:45.

SENATOR KEVIN ELTIFE: Until 12:45. Members, is there any objection? Chair hears none, so ordered. Thank you, Senator West. Senator Patrick is recognized for a motion to suspend the regular order of business Committee Substitute House Bill 15.

SENATOR DAN PATRICK: Thank you, Mr. President and members. In Texas sonograms are already a standard part of medical practice before a doctor provides an abortion. But sonograms are not required to be shared with a pregnant woman in current law. It's well established that states have a substantial interest in ensuring that a woman be fully informed of a health risk and abortion and child birth and the consideration of mental health is included. The state furthers this legitimate purpose by ensuring that a woman fully understands the consequences of her decision and not only does the state have an interest in promoting the health and well being of a pregnant woman, we have a profound interest in the life of unborn fetus. The Committee Substitute for House Bill 15 furthers our legitimate goal of protecting the life of the unborn by ensuring that these decisions are informed. Now, members, I'm going to have a floor substitute as an amendment and what I would request since we can discuss it before we suspend is that that floor substitute would be distributed now so if you have questions you can ask questions of the floor substitute. And for, members, I'd like to walk through it slowly pointing out the differences between the floor substitute and the Committee Substitute and then take any questions that you might have. First and foremost, members, as it's being distributed let me tell you what our goal of this legislation is. And this is the second time this session and the fourth time in three sessions that we have laid out a bill dealing with this issue and I want to thank Senator Duncan for your patience in working in the state affairs and hearing this twice. I want to thank Senator Uresti who has been with me working hand in hand on this issue, Senator, to both pass what I believe, members, will be if not one of the strongest bills dealing with this issue in the country, addressing the needs of the members in both the House and the Senate, and as Senator Whitmire walks out to the floor, you asked me the question, Dean, on the first go round would I keep my commitment to the Senate and I think Senator Uresti would agree that we have done that in this bill because I've addressed his issues and kept my word as I said I would. The truth is that the House bill that did not have support here and the Senate bill that did not have the support there were very similar. There were some differences and I'll define some of those differences and how we've addressed those differences. The first difference was the time of the sonogram before the abortion. Which in my original bill was 24-hours and is in the House bill. And Senator Uresti made his point that in his Senate district and some others that are rural areas that he would like to see that time frame adjusted. So the major issue in this bill, members, of how we've addressed that if you will go to page three, line 13. This bill says that a sonogram must be performed 24 hours before the abortion unless the pregnant woman waives this requirement by certifying she lives a hundred miles or more from the nearest abortion provider. Now, according to our statistics with health and human services, 97 percent of all women seeking an abortion live within 100 miles, so this addresses my goal and Senator Uresti's goal in terms of the time frame. And this is one of the differences between -- the major differences between the Committee Substitute and the floor substitute which we will offer up after we suspend the rules. Because in the Committee Substitute we had and some of you had read about brackets and we decided that this was the best way to address this issue, addressing Senator Uresti's concerns and addressing my concerns of the 24 hours as well and his concern of the two hours. The other issues, members, that Senator Uresti brought up on the floor was the exception for rape and incest, that is still in the bill and there was a form that Senator Uresti and I crafted in the original bill that was not in the House bill that's in this bill but we have changed some of the language in the form and I would like for you, with his agreement, if you would go to page four. The abortion and sonogram election. On line -- or item No. 4, line 21 it says "I understand that I have the option to view the sonogram images" and line No. 5 "I understand that I have the option to hear the heartbeat.: That is a modification of the language that Senator Uresti and I have worked out. The other changes to the form in the end of the form it says "I certify that because I live 100 miles or more from the nearest abortion provider, I waive the requirement to wait 24 hours after the sonogram is performed before receiving the abortion procedure. My place of residence is." Also in the form I went back and added a line that was in my previous sonogram bills that was not in the original Senate or House bills and that says on line 19 page four Texas law receives that I receive a sonogram prior to receiving an abortion. So, members, the heart of Senate Bill 16 and House Bill 15 were very similar in that we're requiring a sonogram be performed before the abortion. You have heard the explanation of the time frame, the woman as in all of my earlier bills and in the House bill has the option to view it. She has an option to hear the heartbeat. In the Senate Bill we required all women to listen to the explanation, except for the exception of rape and incest which was what we discussed on the floor and that is still in this bill. The House bill actually had an exception for all women not to hear it but we returned to the original Senate bill language on that issue. That pretty much encompasses this bill. It's straightforward, it will give women, 75,000 in our state, in our last recording year who have received an abortion the information that they deserve to receive and it will be one of the strongest bills in the nation based on informed consent and hopefully lives can be saved if women decide to change their minds after seeing the sonogram, hearing the heartbeat or seeing the sonogram. That is the woman's decision.

SENATOR KEVIN ELTIFE: Thank you, Senator Patrick. There are some people that would like to be recognized. Senator Davis, for what purpose? Senator Whitmire, for what purpose?

SENATOR JOHN WHITMIRE: Will the gentleman yield?

SENATOR KEVIN ELTIFE: Senator Patrick yield?

SENATOR DAN PATRICK: Yes.

SENATOR JOHN WHITMIRE: Senator Patrick, couple of items I want to ask you about for clarification. It concerns me that Senator Uresti's concerns you've addressed, it bothers me when maybe one Senator has issues in his or her district that are kind of accounted for, it bothers me in all due respect that my good friend Uresti, he's supporting I believe the suspension and he's exempting most of his district from it. It bothers me when he has the opportunity to deal with district issues, but he's fixing to vote and you're fixing to vote to apply them to my district. How do you reconcile that -- I mean, a hundred miles you could say miles or -- quite frankly, I represent Bay Town and if a young woman's having her health care in Houston, if you factor in the distance, the traffic, I mean, what about the hardship of someone in Bay Town that goes to the med center is going to have to do it 24 hours and do a turnaround the next day? Does that not bother you? It disturbs me on behalf of the people that I represent and I think probably other senators would have similar concerns. That's not just sometimes a hundred miles, it may be other circumstances that would impede someone from being able to follow your soon to be requirements for a very serious matter.

SENATOR DAN PATRICK: Well, Senator, I did not craft this language in this way just for Senator Uresti's district. It was not a carve out for him. He brought forth a question about women in any part of the state who may live a long distance from the abortion provider and you on the floor in the last -- several months ago when we first brought this bill to the floor, at the time you said to me, Senator, are you going to honor your commitment to him and --

SENATOR JOHN WHITMIRE: Well, the honor is not only to him.

SENATOR DAN PATRICK: -- which I have.

SENATOR JOHN WHITMIRE: -- but the integrity to the Senate bill which is two-thirds rule which I might add you built a consensus, a consensus that I disagree with, but I respect the process. So you're defending and like you said keeping your word that you would protect the Senate language and that's fine. Like I said, I respectfully disagree strongly with the direction of this bill. And before I sit down, let me ask you in that regard, do you not worry about unintended consequences of your legislation? I mean, I've cited for you earlier very specific examples of a family making a decision, parents making a decision with a young minor, it just grieves me on behalf of probably thousands of women that have made the toughest decision in their life, they know what they want to do and now, you and the government -- by the way, the state of Texas now is intervening in their health care to the point that you're going to direct them to hours in which they can receive the process. So, in your idle moments or in your conscious thought, do you understand my concern and on behalf of the women and families that would maybe not follow the direction to this bill? Maybe go overseas to -- maybe travel to Mexico or out of state nab to an illegal clinic? Do you ever worry about unintended consequences of your legislation?

SENATOR DAN PATRICK: I think on this issue, Senator, I think we're two good people -- we're just two good people who agree to disagree on this issue. We already have a law that women who pursue an abortion have to receive information 24 to 72-hours in advance. So we already have that in law that we are giving her time to study the issue and think about the issue. And in testimony, as I've stated on the floor before, through three committees and three sessions and as I mentioned to my opening remarks standard medical practice is these abortion clinics are already doing the sonograms, they're just not sharing the information. So if you really look at the heart of what this bill does it says that a woman has a right, which I believe she does, to have access to the medical information from informed consent before she makes that decision. She has the option to look at the sonogram, but at least she should know about it. She has the option to listen to the heartbeat, but at least she should know about it.

SENATOR JOHN WHITMIRE: And that's Dan Patrick's opinions and that flies in the face of a different philosophy that it ought to be between a woman and her doctor and her lawyer. I mean, I just really think there are certain decisions that government and probably 31 senators ought to stay out of and I guess I have to tell you I understand -- I can count, you got the support but on behalf of many, many Texans think that -- particularly young women and their families think this is really an encroachment by government in something that they, and I concur, have no business.

SENATOR DAN PATRICK: Well, and again, governor -- Senator, thank you. We'll just have to agree to disagree and I think that just in closing comment on that question, I think we're going to improve the medical care on these women, which many of them at the average age is about 22, it's their first for many of them, their first major medical procedure because currently based on testimony there is no doctor/patient relationship, the doctor comes in to see the woman maybe a few minutes before the abortion and leaves before she's in the recovery room. One of the things this bill will do is create a face to face meeting if they live within a hundred miles of the doctor and the patient in a private setting to discuss those things. So I think this bill really enhances that patient/doctor relationship that testimony says doesn't exist. But thank you, Senator.

SENATOR KEVIN ELTIFE: Senator Davis, for what purpose?

SENATOR WENDY DAVIS: Will the author yield for a few questions?

SENATOR KEVIN ELTIFE: Yes, Senator Patrick yields.

SENATOR WENDY DAVIS: Thank you, Senator Patrick. If you would I'd like to go through just sort of, let's talk a deep breath and start from the beginning about what we doing and why we're doing it and if you would on the floor substitute of the bill that you have, on page 11, let's start there. Section 12. The purposes of this act include but are not limited to and that's basically setting up, I suppose, the desire to define a public interest in what we're doing here and it says the purposes of this act include protecting the physical and psychological health and well being of pregnant women. And so I want to ask you a question at the outset, what were the studies that were done that made a determination that by doing what this bill does, we are going to protect the physical and psychological health and well being of women? And let's break them down. Answer first for me if you would how does this protect the physical health of women?

SENATOR DAN PATRICK: Senator, this, by the way, was in Senate Bill 16 that did pass and the section you reference is in law, it's not new. I believe based on testimony over four years now, that the testimony is clear that a woman, as I just mentioned to Senator Whitmire, is not receiving the information she deserves which all of us, when we go to a doctor, want to receive as much information as we can before we proceed with any procedure. And secondly, as I said to the Senator, that this will create for the first time -- I believe for the first time for most, I can't say all women but for most women who seek an abortion an actual chance to sit down with the doctor and discuss it. An actual chance to ask the doctor questions about the sonogram. And so it's clear to me that this bill enhances the very issue that you're concerned about, that it improves that doctor/patient relationship. The health care of the woman and the informed consent, the information.

SENATOR WENDY DAVIS: Well, with all due respect, Senator Patrick, that it's important to you or clear to you I think even really isn't the point, when we're enacting legislation that's going to intrude upon and be a very important part now of the relationship between a woman and her doctor when she's making, Senator Whitmire said this, her most difficult decision that she has probably ever made or will make and the rest of her life. And if the purpose for the act is to protect her physical and her psychological well being, what I'm curious about is on what is that based? Were there medical studies done? Did the medical industry, the Texas Medical Association, the American Medical Association, did any group of physicians or medical practitioners come forward to you or to us as a state and say, we believe that unless we do this, we won't be doing as much as we could and should be doing to protect the physical and psychological health and well being of women?

SENATOR DAN PATRICK: We had testimony for and against the bill Senator.

SENATOR WENDY DAVIS: So the answer is no.

SENATOR DAN PATRICK: The answer is we had testimony for and against the bill.

SENATOR WENDY DAVIS: Okay. Also following up on a question that Senator Whitmire raised, have we thought about or have we received information on unintended consequences about what will happen to women and their psychological well being, which is one of the purported reasons for this bill. Have you thought about what might happen to a woman's psychological well being where she's now required to hear -- and I'm going to read from the bill itself -- she would now be required to hear the doctor describe the following: The dimensions of the embryo or fetus, the presence of cardiac activity, the presence of external members and internal organs. Have we thought about a woman's who's made this incredibly difficult decision, whose mind is not going to be changed by virtue of hearing that information because she's already been very thoughtful and deliberative about the decision she's making? Have we thought about the psychological well being of that woman who chooses to go forward and who forever more will be haunted by that information that she received prior to having this procedure?

SENATOR DAN PATRICK: I have thought about it in the same way, Senator, that I think about the numerous women who have talked to me either through a church group, a support group, or who have testified who also have suffered psychological issues because they did have an abortion. We had testimony of a registered nurse this session who had an abortion about 12 years ago, if my memory serves me, and she said, I wish I had known that there was a sonogram. I wish I had the opportunity to see it because if I had, I may have my 12-year-old son or daughter here with me today. So is there a psychological impact potentially? There's always a psychological impact for those women who make a decisions without informed consent, without the information they deserve, without the option to see the sonogram, without the option to hear the heartbeat, without the option to have the explanation and those women, I would counter back, are you concerned about them. I believe you and I are good people who want only the best for our Texas citizens. We just choose to see it differently on this issue.

SENATOR WENDY DAVIS: Well, we do see it very differently, Senator. And I think to your point, in order to best equip women with the opportunity to have all of that information presented to them, the option is the most pertinent word there the option. And in this particular bill, what we've done is we've given a woman an option to see the sonogram, we've given a woman the option to hear the heart auscultation but we're not giving them an option on whether they hear the doctor's description, as I just stated it, that's not an option. And so on balance, if the state has an interest in passing legislation like this, has the state done any studies to determine whether cost benefit wise we're creating a further psychological harm to women than what we may be wishing we're creating in terms of helping them? Has there been any study done that looks at the fact that this might actually cause greater damage to the psychological well being of women who are going for an abortion procedure?

SENATOR DAN PATRICK: Well, you've left something out of your equation. And Senator Deuell, Dr. Deuell, spoke to this eloquently when we debated this several months ago. And maybe he'll say the same today, but I'll paraphrase what about the baby's option to life and do we want to give that baby the option by giving the mother all the information necessary before she makes that last decision? A decision that cannot be reversed. And so I stand by this bill, I think it's a good bill, I think it's a compassionate bill for both the woman and the baby.

SENATOR WENDY DAVIS: Senator Patrick, let's go to line 28 on page 11 subparagraph two. This is another stated purpose of the act providing pregnant women access to information that would allow her to consider the impact and an abortion would have on her unborn child. Do we really believe that women who go for an abortion procedure don't understand that the impact it will have on her unborn child is that her pregnancy will be terminated? Do we really think that?

SENATOR DAN PATRICK: Based on books that have been written, stories that have been written, women I've talked to over the years, long before I became a Senator and I was supportive in crisis pregnancy centers, I would say that there are out of 75,000 women, our last recording data, who received abortions there are women again because the average age is 22, many of these women are young facing their first medical procedure, I would say the answer to your question is yes, I believe there are some who do not have that information and have not thought about that impact. You know, Senator Davis, my view on this bill is that there will be some women, maybe the majority of women who have made up their mind to have an abortion, maybe they've had an abortion before, maybe it's their first, but they will have made their decision, they will do their due diligence and regardless if there's a sonogram or a heartbeat or an explanation, their mind will not be changed. But I also believe, and I don't think that you could say the -- and it's really not fair for me to ask you a question, it's my bill, but I don't think you or someone else could say that of the 75,000 women there may not be one out of four, one out of five, two out of -- you know, a certain percentage, a significant number of women who don't have that information, who haven't made that decision. And so to me what this bill really does, it gives information and an option to women who aren't sure, who don't know, and if those who have made up their mind decide to change their minds after seeing their baby, if they choose that option then that's a glorious thing. But if not, this bill addresses all of those women who have not come to the conclusion that you assert that everyone has.

SENATOR WENDY DAVIS: Senator Patrick, what I would say is not a glorious thing.

SENATOR DAN PATRICK: The birth of a child is not a glorious thing, Senator?

SENATOR WENDY DAVIS: No, I was about to say what was not a glorious thing, Senator Patrick. What's not a glorious thing is that there are women -- and honestly I believe it's the purpose of the bill. The purpose of the bill is to traumatize women who are considering an abortion procedure into making a decision otherwise. When a woman's already making the most difficult decision she's ever made or will make in her life. Let's go to line 31 also in the --

SENATOR DAN PATRICK: Senator, I think you know me better than that. You know the purpose of this bill is not to traumatize women. You know me better than that.

SENATOR WENDY DAVIS: Let's go to line 31 page 11, Senator Patrick. Also stated as a purpose of the bill to protect the integrity and ethical standards of the medical profession. I'm really curious about that one because of course we received a letter from the Texas Medical Association, I read it in full when the bill first came to the floor stating their objection to this intrusion into what they felt was the doctor/patient relationship. How does this in your opinion, and with that letter as a backdrop, how does this protect the integrity and ethical standards of the medical profession? What studies were done that demonstrate that that's the case?

SENATOR DAN PATRICK: Well, the testimony by the abortion clinic, primarily Planned Parenthood, over the three days of hearing this bill was that they believed -- they believed it was standard medical practice and good care to do the sonogram for a number of reasons, the position of the baby, the type of pregnancy that it was and so they testified we already do this. This bill simply says the woman has the right to know before the abortion the test the doctors have done if they choose their option to know more about it.

SENATOR WENDY DAVIS: Senator Patrick, I think you know, as you just said, that currently abortion providers are routinely doing sonograms. All doctors who perform abortions choose that. They choose that because in their medical opinion it's advisable for them to do so, to make sure they understand the position of the fetus, to make sure they understand the gestational age and other things that neither you or I can understand from a medical perspective. That's already being done and I would have supported -- and in fact, I proposed an amendment to your original bill actually advancing the bill that you filed last session. The bill that you filed last session required that the sonogram be done, but it didn't require some of the things that are required here in your bill. In fact, it gave women an option whether to receive any of the information that's listed in your bill right now. If you would, turn to page three line 27, and we talked about this a moment ago, I read out loud what it is that the physician is to communicate. What's the intention of that communication?

SENATOR DAN PATRICK: So that the woman is fully informed.

SENATOR WENDY DAVIS: And on page four line 30, beginning on line 30 on to page five down to line 11 --

SENATOR DAN PATRICK: I'm sorry, where are you?

SENATOR WENDY DAVIS: Page four starting at line 30.

SENATOR DAN PATRICK: Thirty, okay.

SENATOR WENDY DAVIS: Going to page five line 11 there's some women to whom that information does not have to be communicated and I'm wondering why? Why if it's in our interest to inform and to make sure that women are making informed decisions, why carve out anyone from receiving or the requirement that they receive information that they have an informed decision?

SENATOR DAN PATRICK: Well, Senator, I could express a different view on that issue, but a number of senators from both parties came to me and expressed their thoughts on these issues and I tried to listen, you have told me in the past that I'm a good listener and I bring people together to pass legislation and I listened and I thought their reasons were sound.

SENATOR WENDY DAVIS: So what you're saying is that it wasn't that we feel that these women shouldn't be informed, it's that for political reasons in order to pass the bill we created these exceptions because some senators asked for those --

SENATOR DAN PATRICK: I'm sorry, Senator, good try that's not what I said. What I said was that other senators came to me with thoughts on the rape and incest issues, the threats to some women, and I listened and I decided not to remove it but to give those women the option. It doesn't automatically remove the -- it allows women to opt out and I thought that was a way to address it.

SENATOR WENDY DAVIS: Well, let me ask it this way then. If this category of women are allowed to be opted out and therefore we've decided that informed consent for these several categories of women is not as important as it is for others, many of these are based on the conception, the circumstances of conception of the fetus, why is that important in terms of when a woman should be informed and when a woman can opt not to be informed?

SENATOR DAN PATRICK: We could discuss that long into the night, but I've answered the question.

SENATOR WENDY DAVIS: Senator Patrick, your bill -- and it did at the outset and it's still alive today, with the exception of women who live 100 miles or more from a facility, it requires a 24 hour waiting period after the sonogram has been performed. Can you help me better understand what the 24 hour waiting period seeks to accomplish? What's the purpose of that?

SENATOR DAN PATRICK: Well, it conforms in large part with the information that women under the current law are already due to receive 24 to 72 hours different paperwork that you receive, different information that she receives, and so we've made this conforming to the current law in that regard. And secondly, we in my view and those who support this bill, did not want to have the sonogram in a time frame that was very close to the woman having the abortion. We wanted her to have time to visit with her doctor, which does not exist today, Senator Davis. It just does not exist. There is no client or patient/doctor relationship currently going on. I can't say in 100 percent of the abortion but all the testimony we've received and the vast majority of 90 percent or more it doesn't exist. So the 24 hours I believe enhances women's care. I believe it falls in with informed consent that's already in the law, and that time frame seems to be appropriate.

SENATOR WENDY DAVIS: So if the time frame is appropriate and the intent is to create this closer, more communicative relationship between a woman and her doctor who is to perform an abortion, why the exception? Why the exception for women who live more than 100 miles?

SENATOR DAN PATRICK: We have talked about that at length last time we laid out the bill and again as I laid out today because Senator Uresti made the point we are a big state, 253 counties. And there are some women -- it's only two to three percent of all abortions based on the data we have live further than 100 miles away from the abortion provider, from that facility. And so this was to accommodate those who may have a travel time that would require them to spend it overnight potentially or have to drive long distances two days in a row and so that was simply addressing the concern of Senator Uresti who has the biggest Senate district. He's not on the floor now to back me up on this, I think I'm right, the biggest in the country and other areas, not just his, Senator Whitmire -- Senator Uresti was as we all do focus on our district, but his concern applies to other women around our vast state that may be more than a hundred miles away and I thought that was a reasonable presentation on his part on behalf of those women. And so therefore if you live more than a hundred miles, you can still have it 24 hours in advance if you wish. You simply can waive the 24 hours. I mean, they may decide to do it in two, they may decide to do it in six, it's up to the woman who lives more than a hundred miles away.

SENATOR WENDY DAVIS: Well, and I understand that was important for you in order to secure Senator Uresti's vote on this bill but what if I was --

SENATOR DAN PATRICK: It was important to address the issue.

SENATOR WENDY DAVIS: What if a woman lives 99 miles away or 90-miles away but she doesn't have a car, what about that woman? Why shouldn't this courtesy of understanding how difficult a 24 hour wait period might be, why shouldn't that also extend to her?

SENATOR DAN PATRICK: Well, I don't think the 24 hour wait period is a difficulty, but we put the exception in the waiver based on my thought that the point that Senator Uresti made was well founded. So you cannot draft a bill for every circumstance, for every person in the state with 24 million people. I believe this bill addresses this issue in a proper -- in a proper way.

SENATOR WENDY DAVIS: Senator Patrick, you know, I read a figure recently that 60 percent or more of women who seek abortion procedures in the state of Texas actually already have children at home. So what about the woman who can't find child care for her child two days in a row? Why did we not recognize that circumstance as being a hardship?

SENATOR DAN PATRICK: Well, Senator, you can continue to anecdotally try to carve out certain sections but that would apply to any medical care, whatever doctor you're going to see or whatever procedure. Again, there is some individual responsibility in this and that person will take responsibility as they do in everything else, they do in their life if they have children or they don't have children.

SENATOR WENDY DAVIS: Well, understand Senator Patrick, it creates a question in my mind and I think in many people's minds if we're going to create a carve out, then there's got to be some rational basis for the carve out and once we define the rational basis as being inconvenient to a woman or a hardship on a woman, why did we consider only that hardship? Why haven't we considered a variety of other hardships?

SENATOR DAN PATRICK: I've spoken to the issue.

SENATOR WENDY DAVIS: My closing point, Senator Patrick, and we talked about this when the bill came up before, we talked about the uteruses on the floor, I believe that was Senator Nelson's comment, I'm looking around the floor, there are 31 of us here, six of us are women. Of course, the women who are here probably won't ever have to face this decision, I think we're all kind of past that but our granddaughters might, our daughters might, and I can't help but wonder about the impact of what we're doing today and the unintended consequence, back to Senator Whitmire's point of the psychological harm to women. Maybe our daughters, maybe our granddaughters, maybe our nieces who will now be required to hear this information who won't be able to opt out of the -- who don't live more than a hundred miles away will have to go home. Spend hours with the trauma, the greater trauma before they move forward with their procedure, I wonder if we're thinking about that and about the psychological well being of those women in the decision that we're making today, Senator Patrick. Thank you for answering my questions.

SENATOR KEVIN ELTIFE: Thank you, Senator Davis. Senator Gallegos, for what purpose?

SENATOR MARIO GALLEGOS: Will Senator Patrick yield for some questions?

SENATOR KEVIN ELTIFE: Senator Patrick?

SENATOR MARIO GALLEGOS: Senator Patrick, I just thank you for keeping most of the language in that came over from the House but I just have a couple of questions on -- under S171002, No. 3 where it says medical emergency.

SENATOR DAN PATRICK: Can you -- all right, let me get to that page. Do you have the page number there?

SENATOR MARIO GALLEGOS: It's on the amendment.

SENATOR DAN PATRICK: All right. I see it. Line 14.

SENATOR MARIO GALLEGOS: First page line 14.

SENATOR DAN PATRICK: Yes, yes.

SENATOR MARIO GALLEGOS: Senator. And you know I'm pro-life in these rails, and I like to represent my district but the question comes up, I represent a brown field district and it's been a brown field district before I was even born. And some of the studies have came out when we were looking at benzene levels and those around my district I represent. On females, in my district, a high number of miscarriages were reported in my district. And when I looked and read your medical emergency, what came up was a couple of items, No. 1, if -- and under the wording that you have here and I just wonder really for legislative intent and clarification, if a female gets pregnant and later on it's found out that she has cancer and the physicians -- and during the process and therapy and treatment the physician says it's gotten worse that we're going to have to abort the child or you're going to die. Now, I'm asking under No. 3, Senator Patrick, I don't see that in there, that it says it's got to be medical emergency means coming strictly from the pregnancy and not from any other effects, side effects, that might happen after the pregnancy begins.

SENATOR DAN PATRICK: Well, this was written in concert. You know, I met with hospital -- hospitals to work on this language and what it says is physical condition grafted by, so that would apply whether it was cancer and that tragic situation or car accident. In other words, a woman was pregnant and because pregnancy was aggravated by that so that would be to clarify --

SENATOR MARIO GALLEGOS: So you're saying the after the pregnancy has arisen and the woman contracts cancer and the doctor -- the doctor gives his assessment that through the chemo, whatever process that she's going to take, that it's deemed that she has to abort in order to save her life, is that covered under your No. 3?

SENATOR DAN PATRICK: That's obviously the doctor's decision covered under No. 3.

SENATOR MARIO GALLEGOS: All right. I just want to make sure and also automobile accidents or anything that might endanger her life?

SENATOR DAN PATRICK: If the doctor believes that the pregnancy and whatever the other outside issue is outside of the pregnancy directly, that's the doctor's decision.

SENATOR MARIO GALLEGOS: Thank you. Thank you for being pro-life, and I appreciate that.

SENATOR KEVIN ELTIFE: Thank you, Senator Gallegos. Senator Deuell, for what purpose do you rise?

SENATOR BOB DEUELL: To ask the author a question.

SENATOR KEVIN ELTIFE: Senator Patrick yields?

SENATOR DAN PATRICK: Yes.

SENATOR BOB DEUELL: Senator Patrick, I think it is a valid question for one conservative to ask another is why is government intervening in this area, and I'll answer the question for you. The reason we're intervening is because there's a surgical procedure being done in this state that takes the life of a human being and those individuals who are getting the surgical procedure are not receiving the medical standard of care of proper informed consent, would you not agree? I mean, that's the purpose, why intervene? Because there are thousands of abortions being done and there is a physical impact with the surgical procedure. I have seen complications from patients who have had abortions, and as you pointed out, did you know that abortion providers have told you or others that they already do a sonogram?

SENATOR DAN PATRICK: That is correct.

SENATOR BOB DEUELL: Yeah, but not all.

SENATOR DAN PATRICK: Not all.

SENATOR BOB DEUELL: Not all. And if you don't do that sonogram, you can have an abnormally shaped uterus, you can have an abnormally positioned uterus. And if you go into the uterus to create the abortion that can cause complications because you can perforate, as we call it. You can actually puncture the uterus and cause life threatening bleeding. We heard testimony, I think to that. So that's the answer to the question about the physical impact that we need to make sure, since other people have taken it upon themselves not to do it, is to make sure that a sonogram is done to protect the physical well being of the mother. That's one of the purposes of this bill.

SENATOR DAN PATRICK: Yes.

SENATOR BOB DEUELL: Psychological impact what I have heard and others have told me they have heard from women making a tough decision and it is a tough decision it is probably the most difficult decision that a woman and sometimes a couple has to make and we heard testimony about that. But I'll tell you the psychological impact that I hear is that I never knew or I was never told, I never realized and that's coming from women who have made a decision about an abortion but really didn't know the extent of development of the baby in question. People sometimes -- doctors fall into this trap that we forget how little the general public knows what about we do. It's been my life I know -- I always tell people one of the best training things that ever happened to me was being a father before I went to medical school because I knew what it was like to have a sick child and to call our family doctor and wait for them to call back, worried about the child and knowing very little about medicine. I had -- we had our second and third child when I was in medical school and as an intern and I was -- my wife and I were a little bit older then but we worry all the time about our first son and we practically ignored our second and third child just because we knew they were okay. But I always remember that feeling of not being a medical person and having a sick child. The helplessness. And the point of all that is that people who are considering an abortion, couples, women, they don't realize the extent of development, they don't realize that this is a child. And then sometimes after the fact they find out -- the one patient that comes to mind went to nursing school afterwards, so I think in terms of the psychological impact, I would hate the situation to occur where someone had regrets long after the fact when they found out the development. So that's one thing you told me that your bill was designed to do was to make sure again, informed consent. Because when doctors give informed about any surgical procedure, you're supposed to tell why are you doing this, why do you want to do this, doctor, tell me what the risks and the benefits are. What is the risk of this surgery, what is the risk of you doing the surgery, what's the complication rate, what is the risk of anesthesia if that's needed but then what is the risk if I don't get the surgery. And that's also a part of informed consent, you know, if you don't get this, this or this or we may not know and that is properly informed consent. And as I mentioned, we have, meaning government, have a certain responsibility. We insure unborn children now, we insure. We have laws that make it a criminal offense to injure an unborn child, so the precedent is there and I think we have responsibility that if that mother makes a decision to abort her child, that she do it with the utmost informed consent to know the status of that child, the development and we also need to make sure that they understand the physical ramification of getting an abortion including the sonogram. So that's the purpose of this bill. You know, you can manipulate the words in the bill all you want and read this and read that into that, we do that all the time in law making and lawyers do it all the time in court. But when you get right down to the bottom line of this bill, it is not to be cruel, it is not to intimidate, it is to give women who are making a very tough decision the protection of adequate and complete medical care, to understand what's going to be done, it is to give them the psychological protection of again knowing the development of the child. And yes, to give the child that one last chance at life and perhaps prevent remorse on the part of that mother at a later date. Is that not the purpose of this bill?

SENATOR DAN PATRICK: That is the purpose of the bill.

SENATOR BOB DEUELL: Thank you.

SENATOR DAN PATRICK: Thank you, Senator Deuell, Dr. Deuell.

SENATOR KEVIN ELTIFE: Thank you, Senator Deuell. Senator Uresti, for what purpose?

SENATOR CARLOS URESTI: Will the gentleman yield?

SENATOR KEVIN ELTIFE: Senator Patrick yield?

SENATOR DAN PATRICK: Yes.

SENATOR CARLOS URESTI: Thank you, thank you, Senator Patrick. I just want to make a few comments if I may. One I want to thank you for working with me and addressing my concerns I expressed. I guess it's been several weeks now and you did keep your word with one -- keeping the exemption that dealt primarily with victims of rape and incest in the bill, although the language is not specific with regard to two-hours if you live over -- further than two hours away we changed it, we modified it somewhat to read a hundred miles but it has the same effect. And so I appreciate you working with me on that and work very diligently with me on that. In fact, members, my staff was telling me the other day, as you know, we have these Senate photographers that take pictures of us all the time. there are more pictures of me and Senator Patrick than me and any other Senator. So with that, Senator Patrick, thank you.

SENATOR DAN PATRICK: Thank you, Senator. It's been an honor to work with you on this and I want to thank Susan Tomlin and my staff and -- Suzanne Tomlin and I want to thank Mike Gero, as you know, both of our staff members as well as our chief of staffs have worked very hard working out the language that you and I have discussed and reviewed and agreed upon. So thank you.

SENATOR CARLOS URESTI: And I will add I was very close to get a restraining order and using those pictures as an exhibit but I'm glad we worked it outside. Thank you.

SENATOR DAN PATRICK: Yes, thank you.

SENATOR KEVIN ELTIFE: Thank you, Senator Uresti. Senator Patrick moves suspension of the regular order of business to take up and consider Committee Substitute House Bill 15. 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, ten nays, the rule is suspended. The Chair lays out on second reading Committee Substitute House Bill 15. The secretary will read the caption.

PATSY SPAW: Committee Substitute House Bill 15 relating to informed consent to an abortion.

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

SENATOR DAN PATRICK: Thank you, Mr. President.

SENATOR KEVIN ELTIFE: Senator Patrick, hold on, we have an amendment.

SENATOR DAN PATRICK: Yes, yes.

SENATOR KEVIN ELTIFE: Floor amendment No. 1 by Patrick. Secretary read the amendment.

PATSY SPAW: Floor amendment No. 1 by Patrick.

SENATOR KEVIN ELTIFE: Senator Patrick to explain the amendment.

SENATOR DAN PATRICK: Yes, members, this is the amendment that I've walked through each one of you before suspension of the rules. Would ask adoption of the amendment, Mr. President.

SENATOR KEVIN ELTIFE: The following amendment to the amendment by Van de Putte. Secretary read the amendment to the amendment.

PATSY SPAW: Floor amendment No. 2 by Van de Putte amending floor amendment No. 1.

SENATOR KEVIN ELTIFE: Members, we'll wait until you have the amendment to the amendment on your desk. Senator Van de Putte to explain the amendment to the amendment.

SENATOR LETICIA VAN DE PUTTE: Thank you, Mr. President. Mr. President and members, you may have heard the exchange between Senator Gallegos and Senator Patrick with regard to medical emergency. The Committee Substitute introduces wholly new language for the definition of medical emergency. The language is inconsistent with the health and safety code and they pose a risk to -- and a danger to women with medical complications. In Senator Patrick's new language medical emergency requires the emergency to be caused by or aggravated by the pregnancy and excludes a medical emergency that is independent of the pregnancy but where a physician and either the patient, the woman or her family is forced to terminate a pregnancy in order to save a woman's life. In the HB15 definition medical emergency uses the more stringent language rather than that defined already in the health and safety code. So it places a higher burden of proof on the doctor, the physician, the hospital to be able to administer emergency care without needing the informed consent requirements. And let me take you through why I think that the current one may put -- inadvertently put a woman's life at risk. Say, for example, a pregnant female -- and if you look at -- on Senator Patrick's medical emergency means a life threatening physical condition aggravated by, caused by or arising from the pregnancy. In the case of a motor vehicle accident, it's not the pregnancy that is causing the emergency, it is the trauma to the woman's body. So in this case the trauma which would be a physical emergency causes the threat to the woman and in this one it would be the medical emergency, the life threatening emergency has to be caused by the pregnancy or aggravated by the pregnancy. And in this case I really worry not only about physical trauma and I heard the exchange on cancer but in all of the documents that I've seen as a health professional, with regard to when I have to dispense a cancer chemo therapy drug, the cancer chemo therapy drug causes risk to an unborn child. The unborn child or the pregnancy doesn't cause the risk to the cancer and that's stated in all of the things. And in fact, in a lot of the medications that I dispensed when I was a hospital pharmacist and now a community pharmacist every single cancer therapy drug has a disclosure and that the -- in many cases every single woman that has a cancer chemo therapy treatment has to be certain that she is not pregnant or else the therapy cannot begin. Now, let me repeat this. Before dispensing a cancer chemo therapy drug, the woman has to ascertain in her physician that she is not pregnant. The rationale is because the chemo therapy drugs cause deformities and so the cancer drug cannot be dispensed. With your language here, medical emergency is a life threatening physical condition aggravated by pregnancy. In many cancers, the pregnancy is not aggravated, doesn't aggravate the cancer, the cancer doesn't aggravate the pregnancy, it just kind of is what it is. It is the chemo therapy, it is the pharmaceutical agent and so by this, what I would like to do by the amendment is to set the language that's already in the code that says medical emergency means a condition that the physician concludes on the basis of the physician's good faith clinical judgment complicates the medical condition of the pregnant woman and necessitates the abortion of her pregnancy to avert her death or to avoid a serious life -- a serious risk of substantial impairment or bodily function. This definition would take care of the cancer patient or the pregnant female or happens to be in a motor vehicle accident or has a seizure or something like that. And I'm really concerned about the cancer chemo therapy drug because it is the pharmacist and the physician are liable. In other words, it cannot be dispensed if the woman is pregnant. In fact, in a lot of the medical records you have to run a pregnancy test before you can even dispense the drug. And so, Senator Patrick, I know that you had visited with members of the hospital association and so I visited with them and with physicians and what they told me was is that they really were more comfortable with my language, however they didn't think that your House sponsor was going to adhere to it and they knew that that's why you probably accepted that language and they said kind of it is what it is but it does put our physicians and those women who find themselves pregnant and planning to have -- to go through the pregnancy but they have either been in an automobile accident, some sort of trauma or they've been diagnosed with cancer to not be able to take -- with this definition in the bill to be classified as a medical emergency and so I will yield to any questions. But in my opinion as a pharmacist and in my practice and when I've dispensed a cancer drug, I am not allowed to do so until we have verification that the female is not pregnant.

SENATOR DAN PATRICK: Senator, notwithstanding your conversations with hospital folks, and I respect your view on this, but this amendment was written in concert with the hospital association and I would respectfully move to table your amendment because I feel that we have agreed with them in this language and I would ask members to stay with me on this and table this amendment.

LT. GOVERNOR DAVID DEWHURST: Senator Patrick, I wonder if you would pause just for a moment because I think we have several senators who wanted to ask questions. Do you mind? I'll come to you at the end. Senator Davis, for what purpose do you rise?

SENATOR WENDY DAVIS: To ask the author of the amendment to the amendment a question.

SENATOR LETICIA VAN DE PUTTE: I yield, Mr. President.

SENATOR WENDY DAVIS: Senator Van de Putte, I'm even more curious now after what Senator Patrick just said, who raises concern with you? Did the medical profession, did the hospital association bring this concern to you that this new definition would create a problem and unanticipated consequence?

SENATOR LETICIA VAN DE PUTTE: The Academy of Obstetrics and Gynecology.

SENATOR WENDY DAVIS: Thank you.

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

SENATOR MARIO GALLEGOS: Will the lady yield?

SENATOR LETICIA VAN DE PUTTE: I yield, Mr. President.

SENATOR MARIO GALLEGOS: Senator Van de Putte, you heard my questions of Senator Patrick and I understand on the dispensing of the cancer drugs but my question to Senator Patrick was, the lady becomes pregnant and then she is diagnosed with cancer and then the physician assesses the cancer and says that she cannot go through the therapy or in this case, in your case your amendment, the cancer doctors that are being given -- I guess my concern was that if she's pregnant, she gets cancer and the physician says, do you have to terminate the pregnancy, then can you -- I guess they'll have to terminate the pregnancy before they can give the cancer drugs. Is that what you're saying here?

SENATOR LETICIA VAN DE PUTTE: In many cases. Senator Gallegos, that is what it is. But my definition doesn't have to do with the decision making. Under Senator Patrick's bill this is just how you define in either a clinician setting, a hospital setting or a doctor's office setting. What constitutes medical emergency and the way that the bill is written it says medical emergency means a life threatening physical condition aggravated by, caused by or arising from the pregnancy. Well, cancer doesn't arising -- doesn't -- is not arising from the pregnancy but cancer is not aggravated by the pregnancy. In fact, it's the other way around. The cancer does aggravate the pregnancy, the pregnancy doesn't aggravate the cancer. So by Senator Patrick's language here the only way that you have a medical emergency is if the pregnancy itself is at risk, it causes the mother to be at risk not cancer or not God forbid a motor vehicle accident. So but I'm more familiar with cancer since I've had to dispense those types of chemo therapy agents and that I have to have a certified pregnancy test before I can dispense it.

SENATOR MARIO GALLEGOS: So at the point the doctor assessed that the cancer could obviously cause effects on the pregnancy then depending on what the doctor's findings then and up until then you won't be able to release cancerous drugs unless and until something is settled between the doctor and the female. That's all I wanted was clarification on this. Obviously you brought that out in your amendment, I just want to make sure that she can receive, you know, treatment, whether it be pills or chemo or x-ray, whatever that -- and try to save her life. But then we do have a pregnancy that's involved here that obviously the doctor is going to have to assess before then. Thank you for your clarification.

SENATOR LETICIA VAN DE PUTTE: And the language that we're using is very similar to what is already in chapter 170.002 of the health provisions right above -- it's the language right above in the code where your language would be which is regarding the chapter regarding abortion. So it talks about emergency and risk and this I think -- the purpose of my amendment is to bring this in line so we don't have two different standards of emergency care, what constitutes a medical emergency.

REPRESENTATIVE DAVID DEWHURST: Senator Deuell, for what purpose do you rise, sir?

SENATOR BOB DEUELL: To comment on the amendment.

LT. GOVERNOR DAVID DEWHURST: To comment or to address a question to the author?

SENATOR BOB DEUELL: Either way, I have a question for Senator Van de Putte about her amendment.

SENATOR LETICIA VAN DE PUTTE: I yield, Mr. President.

SENATOR BOB DEUELL: Senator Van de Putte-- and I'll just read it, a medical emergency means a condition that a physician concludes on the basis of the physician's good faith, clinical judgment complicates the medical condition of the pregnant woman and necessitates the abortion, you can have many complications to a pregnancy that can be addressed by a physician that do not necessitate an abortion or really construe an emergency such as gestational diabetes is a complication of pregnancy, but it can be managed, a hypertension, pre-eclampsia are two other entities that can complicate a pregnancy without necessitating an abortion, infections, urinary tract infection, on and on. So I understand where your heart is on protecting folks but it seems to me like this would not at least properly addressing what would constitute a true emergency.

SENATOR LETICIA VAN DE PUTTE: Well, if you look that is it, but I said to avert her death. And to me a death is pretty much an emergency, so if you look on the other is necessitates the abortion to avert her death and so --

SENATOR BOB DEUELL: And that can happen, you can have complications of pregnancy.

SENATOR LETICIA VAN DE PUTTE: Right. That's what I would say a complication that's so severe because I think the intent, I'm trying to keep what the intent of the language of medical emergency but the intent of the Senator Patrick's bill certainly with that medical emergency is to avert death and I put that.

SENATOR BOB DEUELL: So you're saying it would only apply in that certain situation.

SENATOR LETICIA VAN DE PUTTE: It's to avert death and serious risk of substantial and pain. So this is already kind of in the code in chapter 170.02 so it's already the public health provision.

SENATOR BOB DEUELL: What code -- what is that applying to there on the code you just cited?

SENATOR LETICIA VAN DE PUTTE: Chapter 170.002 is prohibited acts regarding abortion. And this is in current code. It says the abortion to prevent the death or substantial risk of serious impairment, physical impairment to the woman. That's already in the code. In -- it's in section .170 -- I'm sorry, section 170.002 that's currently in and what I worry about is that -- if you look at the code that's right above where Senator Patrick's language is going to go. So that's what the emergency is listed there, and then it's different what the emergency is listed in Senator Patrick's bill. So what I'm trying to do is to align what the two emergencies are so that we don't have two different language in our code about what constitutes an emergency. So what we did is we took certain what was in the code already.

SENATOR BOB DEUELL: But what worries me somewhat is that in either code would be that someone could say that a woman, well, she has gestational diabetes and that could complicate her pregnancy to the point of needing an abortion, so I don't know how we protect from that but --

SENATOR LETICIA VAN DE PUTTE: Well, if we did, then what I'm doing is if somebody was really concerned with that they should amend the chapter that -- the sections right above because this is in current language and it stays the same. So now, we are going to have two definitions of what constitutes an emergency. And I think it would cause confusion and at least that's what the Academy of Obstetrics and Gynecology had visited with me about.

SENATOR BOB DEUELL: And perhaps that needs to be worked out in conference just to make sure. Thank you.

SENATOR LETICIA VAN DE PUTTE: If so -- I understand, Senator, I bring this to you and if we can just to make sure that that is either worked out in conference but I thought that the purpose of bringing this to -- was so that the House sponsor could concur with the Senate amendments and then it would be facilitating going to the governor's desk and that's why I try to bring this to your attention now. So I think this puts our physicians and our hospitals and clinics because now with the passage of your language and still keeping section 170.002 of the code is you will have confusion because there will be two parts of the code that have different definitions of medical emergency with regard to abortions and with regard to avert death. And both of these, that's why I made sure to put the language exactly as it was to avert death.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Patrick on the amendment to floor amendment No. 2.

SENATOR DAN PATRICK: And once again, members, I appreciate you bringing this up and I've listened closely to discussion. Again, we have spent a lot of time with the hospital association on this language and I would ask members to stay with me and move to table the amendment, Mr. President.

LT. GOVERNOR DAVID DEWHURST: Members, Senator Patrick moves to table floor amendment No. 2. The Chair recognizes Senator Van de Putte on the motion to table.

SENATOR LETICIA VAN DE PUTTE: Thank you, Mr. President and all of our senators here. The current and narrow definition in the Committee Substitute of medical emergency fails to recognize the full extent of the medical emergencies possible. Trauma and/or cancer and so they are -- when you think about medical emergencies, they are most often the result of unpredictable and very tragic events and they're complex medical and life threatening situations of this nature that cannot be defined. In these rare and unfortunately cases, the physicians should be allowed to act in their best judgment to preserve the life of their patient without legislative obstacles by now having two different definitions of medical emergency in the code. And I would ask that you vote no on the motion to table.

LT. GOVERNOR DAVID DEWHURST: Members, Senator Patrick moves to table floor amendment No. 2. The author to the amendment to the amendment Senator Van de Putte opposes. 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.

REPRESENTATIVE DAVID DEWHURST: Members, there being 18 ayes and 11 nays, and two absences, the motion to table prevails. The Chair recognizes that the -- the Chair lays out floor amendment No. 3 by Senator Davis which is an amendment to floor amendment 1. The secretary will read the amendment.

PATSY SPAW: Floor amendment No. 3 by Davis amending floor amendment No. 1.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Davis to explain floor amendment No. 3.

SENATOR WENDY DAVIS: Thank you, Mr. President. In 2003 when the Women's Right to Know Act was passed and created the current informed consent law that requires women to receive state mandated information 24 hours before the abortion was performed. The woman's private physician was able to provide her with that information and discuss her pregnancy options with her and we all heard Senator Patrick earlier today saying that one of the purposes behind his bill is to create this relationship between a woman and her doctor and provide the opportunity for a better communication and more informed decisions through that relationship. Unfortunately HB15 changes that, it actually removes a woman from the relationship that she currently has with her referring physician and puts her into the context of having these conversations, receiving this information and making this decision with the doctor who is not her trusted medical physician. HB15, as I said, removes the ability of a referring physician from meeting the requirements of the state mandated informed consent law and let's say that again. Right now under informed consent a woman's own doctor can give her that information. He's still -- he or she still has to give this to their patient within the 24-hour time frame, it still requires that all the information be presented to the woman. But for some reason in creating HB15 which, of course, is dealing with sonograms and audible heartbeats, for some reason we've changed the Women's Right to Know Act allowing a woman's personal physician to provide her with that information. This amendment would go back to prior practice that has long been the law in Texas and would allow physicians in private practice who don't perform abortions to talk to their patients about their pregnancy options and to perform the sonogram that's required by this bill. As long as the state is going to mandate this process, it only makes sense to allow a woman to go through it with her own doctor, the doctor that she trusts and feels more comfortable asking questions of and allowing that physician to refer her to a trusted colleague for a potential medical procedure if she chooses to have the abortion medical procedure. This amendment does not remove any requirement or change any time period for a woman to receive the ultrasound. It simply allows the woman to receive the sonogram from her own personal physician. Allowing a referring physician to apply with the state mandated and informed consent gives women the information the state says they need to make an informed decision. The addition of the sonogram to that information will not change compliance, the physician performing the abortion would, of course, still get her consent and confirm with her that she fill out and sign the form and still wishes to terminate her pregnancy. And with that, Mr. President, I would move adoption of floor amendment No. 3.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Patrick on floor amendment 3.

SENATOR DAN PATRICK: Thank you, members. Once again I would ask YOU to stay with me and move to table this amendment because ultimately the doctor performing the abortion is the one responsible and that's the one who I believe should be -- the focus should be on. SO i would move to table the amendment to the amendment, Mr. President.

LT. GOVERNOR DAVID DEWHURST: Members, Senator Patrick moves to table floor amendment No. 3. The Chair recognizes Senator Davis to close.

SENATOR WENDY DAVIS: Thank you, Mr. President. Again, in the lengthy conversation that we've had with Senator Patrick about this bill, the purported purpose for the bill is to make sure that women are making informed decisions prior to electing to terminate a pregnancy and if that's the purpose and if the purpose is to establish a relationship between a woman and a doctor who's giving her the information upon which she's basing her informed consent, why in the world would we intrude upon an existing relied upon trusting relationship that a woman has with her own doctor and not allow her own doctor to be the person who fulfills state law, provide this information as we've always done under the Woman's Right to Know Act? Why in the world would we not do that? This amendment would allow that trusted relationship to continue and to create and provide the informed consent as provided under state law. It would simply do it with a physician who the woman knows and trusts and feels comfortable having this very difficult conversation with. With that, I would move that we vote no on the motion to table floor amendment No. 3.

LT. GOVERNOR DAVID DEWHURST: Members, Senator Patrick moves to table floor amendment No. 3. The author of the amendment to the amendment Senator Davis opposes. 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 21 ayes and ten nays, the motion to table prevails. The Chair lays out floor amendment No. 4 by Senator Davis. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 4 by Davis amending floor amendment No. 1.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Davis on floor amendment 4.

SENATOR WENDY DAVIS: Thank you, Mr. President. Floor amendment No. 4 seeks to create definitional consistency between this bill and chapter 245 of the health code. HB15 defines abortion provider as any facility where an abortion is performed including hospitals and ambulatory surgery centers but does not limit it in time or scope to the woman having the abortion and going through the informed consent process and mandatory sonogram. This creates a problem because the bill has an exception for women who live more than 100 miles from an abortion provider as defined in the statute. Not 100 miles from the physician or the clinic from which she will receive care but 100 mimes from any facility who ever performed an abortion. This amendment clarifies that the women must live from 100 miles from an abortion or licensed clinic under chapter 245, not a hospital or other facility that may have -- at some other point in time have performed an abortion procedure. And I believe that this amendment is acceptable to the author of the bill.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Patrick on floor amendment 4.

SENATOR DAN PATRICK: Yes, Senator Davis is correct. Actually this was the intent and this clarifies that language but I do want to make the point, Senator, that surgical centers or hospitals or doctors who do not fall under 245 still must comply with the law as is. So this amendment is acceptable.

SENATOR WENDY DAVIS: Thank you, Senator Patrick.

SENATOR DAN PATRICK: And let me clarify, the law once it's passed, they will have to comply with this law, floor substitute for House Bill 15.

LT. GOVERNOR DAVID DEWHURST: Members, Senator Davis moves the adoption of floor amendment No. 4. It's acceptable to Senator Patrick. Is there objection from any member? Chair hears no objection from any member and floor amendment No. 4 is adopted. Chair lays out floor amendment No. 5 by Senator Davis. The secretary will read the amendment.

PATSY SPAW: Floor amendment No. 5 by Davis amending floor amendment No. 1.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Davis to explain floor amendment 5 which amended floor amendment No. 1.

SENATOR WENDY DAVIS: Thank you, Mr. President. If you turn to page four of the bill, when this bill left from the Senate one of the things we voted and agreed upon is that the requirement that a woman view the sonogram or hear the heartbeat was something that she can elect and there's certainly consistency in this bill that that election opportunity is still available. However, it's very important to me and I requested that it be added as it left the Senate floor and it was added that there be an opportunity for a woman to check that she has elected or chose not to elect the sonogram image or she's elected to hear or not to hear the heartbeat. My concern is that absent this affirmative act on behalf of the women undergoing abortion procedures, they won't become informed that they have the opportunity to elect to view or not view or hear or not hear. And I would simply ask that if that's the intention, if we truly are asking that women be informed, that they have the ability to elect or not elect to view a sonogram image or hear a heartbeat, that we simply make it a part of the form that she fills out. That she check her election or her declination of that election on the form and I would ask that we adopt floor amendment No. 5 in the spirit of providing that communication and knowing that women are fully informed about their choices that are present under the law through that election form. I move adoption.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Patrick on floor amendment --

SENATOR DAN PATRICK: Members, I will move to table this. This was language that Senator Uresti and I worked on and this falls in line with language with other states that have passed similar measures, although I believe this bill will be the strongest in the country, you have an option to view is the language that is in our current floor substitute amendment. And I would respectfully decline Senator Davis' amendment and ask you to table.

LT. GOVERNOR DAVID DEWHURST: Members, Senator Patrick moves to table floor amendment No. 5. The Chair recognizes Senator Davis.

SENATOR WENDY DAVIS: Thank you, Mr. President. I do not believe that the language as it exists in the floor amendment is sufficient to inform women that they have the right to elect or not elect and I think it's important that we affirmatively state that in on the form they are filling out and provide them the opportunity -- the clear opportunity to understand and make that election. And with that I would move adoption of floor amendment No. 5.

LT. GOVERNOR DAVID DEWHURST: Members, Senator Patrick moves to table floor amendment No. 5. Senator Davis opposes. 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 19 ayes and 12 nays, the motion to table prevails. The Chair lays out floor amendment No. 6 by Senator Rodriguez. The secretary will read the amendment.

PATSY SPAW: Floor amendment No. 6 by Rodriguez amending floor amendment No. 1.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Rodriguez on floor amendment No. 6 which is a floor amendment to amendment 1.

SENATOR JOSE RODRIGUEZ: Thank you, Mr. President and members. This bill, House Bill 15 mandates that only quote the physician who is to perform the abortion or -- and this is a critical language of the amendment or an agent of the physician who is also a sonographer certified by a national registry of medical sonographers unquote perform the sonogram required by the bill. It's important to note that current state law does not require that a person be certified by a national registry to perform a sonogram on a pregnant woman. In fact the state of Texas, members, has no occupational requirements or provision for individuals to administer sonograms in any instance, abortion related or not. Sonograms are routinely administered by office staff in OBGYN practices by employees and unprofessional volunteers as crisis pregnancy centers and by staff and abortion clinics throughout the state. This requirement set out in House Bill 15 is medically unnecessary and it has no basis for this requirement and none has been voiced from what I've heard. This amendment would strike quote agents of the physician who is also a sonographer certified by a national registry of sonographers unquote and substitute simply with quote agents of the physician unquote. Mr. President, if there's no objection, I respectfully move for adoption of this amendment.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Patrick on floor amendment 5 -- I'm sorry, 6 which amended floor amendment 1.

SENATOR DAN PATRICK: Thank you, Mr. President. Senator Rodriguez, I do object and I'll move to table. I want the best possible care for the woman seeking the abortion and I believe our bill addresses that. So, members, I would ask that you stay with me and table this amendment.

SENATOR JOSE RODRIGUEZ: Mr. President, could I ask the author a few questions?

LT. GOVERNOR DAVID DEWHURST: Of course.

SENATOR JOSE RODRIGUEZ: What is this national registry that you're referring to in the bill?

SENATOR DAN PATRICK: It is a registry that's recognized by those who are trained stenographers. And what we have found, Senator Rodriguez, in testimony in the past is some people performing the sonograms, even though they don't show it to the women, have virtually no training, sometimes not a high school diploma. We want to be sure we have the best care for these women.

SENATOR JOSE RODRIGUEZ: Well, these are individuals in doctor's offices sometimes who are used as agents of the physician. Do you not think or believe that the physicians are training them to provide the sonogram services?

SENATOR DAN PATRICK: I cannot speak to that, Senator.

SENATOR JOSE RODRIGUEZ: Well, what are the requirements then for becoming certified under this national registry?

SENATOR DAN PATRICK: Those who trained in that profession would know.

SENATOR JOSE RODRIGUEZ: Pardon me?

SENATOR DAN PATRICK: Those who train in that profession would know.

SENATOR JOSE RODRIGUEZ: You don't know what the requirements are?

SENATOR DAN PATRICK: I'm not a trained sonographer.

SENATOR JOSE RODRIGUEZ: In the OBGYN offices who typically performs the sonograms?

SENATOR DAN PATRICK: I am not advised on your question.

SENATOR JOSE RODRIGUEZ: Not advised? Have there been any documented complaints by anyone with the state of Texas against health care workers that have performed these sonograms and who may not be registered at the national level?

SENATOR DAN PATRICK: Well, since the women have never been allowed to see them, would lead me to believe there's no complaints since they don't even know they've been taken.

SENATOR JOSE RODRIGUEZ: Well, there's sonograms being performed. Have there been any complaints as far as you know?

SENATOR DAN PATRICK: Again, I answered the question. 75,000 abortions, the women don't even know the sonograms are being performed, were not allowed to see them so how could they complain about the people taking them if they don't even know they were taking them in the first place?

SENATOR JOSE RODRIGUEZ: Well, you know, your concern is there be a certain level of protection for women by this informed consent and by requiring that the sonograms be administered, do you think that providing them with a sonogram that's performed by a nationally certified organization whose requirements and standards you're not familiar with is different than providing them with a sonogram performed by a health care worker, a health care professional who's not certified at that level?

SENATOR DAN PATRICK: With all due respect, Senator, I'll stand on our bill that we have worked on for months and months and months and years and years and years and I'll stand by the language in our bill.

SENATOR JOSE RODRIGUEZ: Well, I mean, is the certification element of the sonographer an important element of the informed consent? That's what your whole bill is about, what is the element in the certification requirement that goes to informed consent?

SENATOR DAN PATRICK: I will stand on our bill.

SENATOR JOSE RODRIGUEZ: All right. Well, it's pretty evident to me that you're not willing to consider what I think is a reasonable amendment that pretty much tracks what the current practice is and which there have been no complaints lodged where you can report to us or where people have said, we need national certification. What usually happens when people want change in the qualification of individuals. So I'm disappointed, it's a reasonable amendment. But I appreciate your candor.

SENATOR DAN PATRICK: And I appreciate yours, Senator. Greatest respect.

LT. GOVERNOR DAVID DEWHURST: Members, Senator Patrick has moved to table floor amendment No. 6. The Chair recognizes Senator Rodriguez on floor amendment No. 6.

SENATOR JOSE RODRIGUEZ: I would ask the members to vote against the tabling of floor amendment No. 6. As you have just heard, there seems to be a lot of unanswered questions about the necessity certification of those who administer sonograms and the fact that there seems to be no connection between that requirement and the requirement of the purpose of this bill which is to provide informed consent.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Rodriguez. Members, you heard the motion by Senator Patrick. 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 19 ayes and 12 nays, the motion to table prevails. The Chair lays out floor amendment No. 7 by Senator Rodriguez. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 7 by Rodriguez amending floor amendment No. 1.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Rodriguez to explain floor amendment No. 7.

SENATOR JOSE RODRIGUEZ: Thank you, Mr. President and members. Section five of section 171.015 of the bill requires that women seeking an abortion be provided with informational materials that included comprehensive list of agencies and organizations that offer sonogram services at no cost to pregnant women. However, the current language of the bill does not require the agencies and organizations listed to adhere to the stenographers certification prescribed requirements that are described in other parts of the bill and which we just had extensive discussion. This amendment simply adds language, Senator Patrick, to section five so that it reads quote a comprehensive list of agencies and organizations that offer sonogram services provided by stenographers certified by a national list of stenographers, the language that you have in your bill, at no cost to the pregnant woman and making the sonographer requirements of the bill consistent throughout the bill. Proponents of this legislation have claimed numerous times that this legislation is about protecting women and you have made a very, very strong case about that for your bill. But if it is necessary for a woman to receive a sonogram by a certified sonographer in order to ensure that she has the best information available to her so that she can make an informed decisions about her pregnancy, then the state should not be referring her to stenography facility of a lower quality staff. I hope you agree with that. In the presence of a certified sonographer is an indication of a policy of a sonogram provided, then our legislature has a duty to protect Texas women from receiving substandard care and I'm sure you would be concerned about that. The state to protect all pregnant women receiving a sonogram and require that only certified stenographers be allowed to perform sonograms on Texas women. Mr. President, if there's no objection, I respectfully move for adoption on this amendment.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Patrick on floor amendment 7 which is an amendment to floor amendment 1.

SENATOR DAN PATRICK: Thank you, Mr. President. And, Senator Rodriguez, many of these resource centers are staffed by volunteers, some of them are church related and they provide a quality service. So therefore I would move to table your amendment.

SENATOR JOSE RODRIGUEZ: Well, I have -- go ahead.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Rodriguez.

SENATOR JOSE RODRIGUEZ: Thank you, Mr. President. See, I appreciate your position on your prior statements regarding the use of a sonographer but here you seem to be saying certain individuals must be certified by this national organization but others who are also involved, these other organizations like the crisis pregnancy centers, you seem to be saying should not be just because they have volunteers. But if you're really concerned about the health of the woman, should we not be consistent and require that whoever is going to be administering the sonogram comply with those requirements?

SENATOR DAN PATRICK: Well, I'm glad in the last few moments that we've come around to my thinking that the abortion clinics, they should be certified sonographers on the national registry. The difference between these centers that offer sonograms, the crisis pregnancy center which we've honored on this floor and they do incredible work for women, they're not performing abortions, there's a difference. Women are getting additional information from them, sonograms s, other information, so we just agree to disagree.

SENATOR JOSE RODRIGUEZ: But it seems to me if they're performing abortions, as you say, shouldn't they be the ones that actually get the certification? I mean, people to ensure that the sonograms are being administered properly?

SENATOR DAN PATRICK: Once again, these are nonprofit volunteer organizations, many staffed by medical professions who volunteer their time. But saying they should be certified the same as an abortion clinic who's charging for the abortions, charging for the service is not a comparison. And so I would respectfully members ask to table the amendment.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Rodriguez to close.

SENATOR JOSE RODRIGUEZ: Mr. President, it seems to me that this example and the prior one light the inconsistencies that are being presented here under this bill Senate Bill 15. We're not treating everyone the same, we're being selective of requirements and who must meet them. And I would ask you all to take that into account and voting for my amendment. Thank you, Mr. President.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Members, Senator Patrick moves to table floor amendment No. 7. Senator Rodriguez opposes. 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 11 nays, the motion to table prevails. Members if there's no other amendments to Senate Bill 15, then the issue before us is the adoption of floor amendment No. 1. Chair recognizes Senator Patrick.

SENATOR DAN PATRICK: I move adoption of floor amendment No. 1.

LT. GOVERNOR DAVID DEWHURST: Members, you heard the motion by Senator Patrick. 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 ten nays, floor amendment No. 1 is adopted. The Chair recognizes Senator Patrick for a motion.

SENATOR DAN PATRICK: I move to engrossment of the floor substitute to Committee Substitute to House Bill 15.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Patrick. Members, you heard the motion by Senator Patrick to move Committee Substitute to House Bill 15 to third reading. 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 21 ayes and ten nays, Committee Substitute to House Bill 15 passes to third reading.

SENATOR DAN PATRICK: Thank you, Mr. President. I will hold until tomorrow. Thank you, members. Thank you, Mr. President.

LT. GOVERNOR DAVID DEWHURST: Is Senator West on the floor? West. Royce, 462. Members, the Chair lays out as a matter of postponed business Committee Substitute to Senate Bill 462. The Chair lays out -- the secretary will read the caption on Committee Substitute to Senate Bill 462.

PATSY SPAW: Committee Substitute to Senate Bill 426 relating to expunction of records and files relating to a person's arrest.

LT. GOVERNOR DAVID DEWHURST: The Chair lays out the following amendment. Floor amendment No. 1 by Senator Huffman. The secretary will read the caption.

PATSY SPAW: Floor amendment No. 1 by Huffman.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Huffman on floor amendment No. 1.

SENATOR JOAN HUFFMAN: Thank you, Mr. President. Members, floor amendment No. 1 is an amendment that I believe Senator West has agreed to accept to address my concern that the expunction bill that he has would perhaps have a loophole in it that would allow those who have absconded from the jurisdiction after being arrested and have either left the country or the jurisdiction and whereabouts were unknown would somehow be rewarded by having their records expunged which would create problems later. It was an unintentional mistake, I realized that. So I move for adoption of floor amendment No. 1.

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

SENATOR JUAN HINOJOSA: If I may ask Senator Huffman a question.

LT. GOVERNOR DAVID DEWHURST: Will Senator Huffman yield?

SENATOR JOAN HUFFMAN: Yes.

SENATOR JUAN HINOJOSA: At what point are we talking about if a defendant absconds?

SENATOR JOAN HUFFMAN: I was concerned about a situation where a defendant would be arrested and a bond would be set he would make bail and he would perhaps flee the country or flee the jurisdiction and then many years later perhaps be arrested somewhere else and --

SENATOR JUAN HINOJOSA: Brought back to justice.

SENATOR JOAN HUFFMAN: Yes. Because I know that was the intent but that's what the language said. We talked to some prosecutors, and they agreed that that was perhaps a possibility. So this cleans it up again.

SENATOR JUAN HINOJOSA: Thank you for your explanation.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator West on floor amendment No. 1.

SENATOR ROYCE WEST: Thank you very much, Mr. President. We have spoken with the chief litigator for the Harris County District Attorney's office and they've indicated that this is highly unlikely but to make certain that there's clarity, we want to make -- and I agree with this particular amendment even though it would be highly unlikely.

LT. GOVERNOR DAVID DEWHURST: Members, Senator Huffman moves the adoption of floor amendment No. 1 and Senator West agrees even though he thinks it's highly unlikely. Is there objection from any member? Chair hears no objection. Floor amendment No. 1 is adopted. Chair recognizes Senator West for a motion.

SENATOR ROYCE WEST: Mr. President and members, I move final passage of Committee Substitute to Senate Bill 462.

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

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser --

LT. GOVERNOR DAVID DEWHURST: Senator Fraser, are you okay?

PATSY SPAW: 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 26 ayes and four nays, Committee Substitute to Senate Bill 462 as amended is finally passed. Senator Davis 1864. The Chair recognizes Senator Davis for a motion to suspend the Senate's regular order of business. Senator Nelson, what are you doing? What were you doing with his hand? You were writing a note on his hand? Okay. Anyway, the Chair recognizes Senator Davis for a motion to suspend the Senate's regular order of business to take up and consider Committee Substitute to Senate Bill 1864.

SENATOR WENDY DAVIS: Thank you, Mr. President and members. TxDOT has a long history of outsourcing a lot of services and functions to the private sector namely construction maintenance and highway improvement service. Currently there's no statutory requirement for TxDOT to consider the economic impact on job growth and job retention when granting retention on contracts. SB1864 seeks to address that issue by amending subchapter B and Senate Bill chapter 223 of the transportation code. The bill would add a new section under that chapter which will require TxDOT to give preference to a private sector provider if that preference serves to create a positive economic impact on job growth and job retention in this state. Mr. President, I do have an amendment for the bill.

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

SENATOR STEVE OGDEN: Ask the author a question.

LT. GOVERNOR DAVID DEWHURST: Will Senator Davis yield?

SENATOR WENDY DAVIS: Yes.

SENATOR STEVE OGDEN: Senator, you went a little fast on that explanation. Can you basically tell me what this bill does?

SENATOR WENDY DAVIS: Yes, absolutely, Senator. We voted this out unanimously I believe from transportation committee. It applies to the expenditure of local and state dollars of TxDOT, not federal dollars but where state and local dollars are being spent. It requires that TxDOT would give preference to providers after they've looked at price and the ability to fulfill the contract which are the two primary, it would provide that they award a contract to a private sector provider or give preference to that provider if it could be shown that that provider would -- if that preference, that choice would create a positive economic impact on job growth and job retention in the state. And in making that determination in the bill it states that in order to do that, in order to make that consideration, TxDOT could consider a private sector provider's employment presence and business establishments in the state.

SENATOR STEVE OGDEN: Well, does all of that mean that you're going to be -- your preference is to hire the local guys?

SENATOR WENDY DAVIS: It means you're going to give preference to hiring those who have business precedence in the state. Not local but in the state.

SENATOR STEVE OGDEN: So for example in Fort Worth if a contractor out of Waco for some reason is competing for that contract, they're not at a disadvantage to the local Fort Worth --

SENATOR WENDY DAVIS: Absolutely correct.

SENATOR STEVE OGDEN: -- contractor. But if the contractor was from somewhere say Oklahoma or something that they can give preference to the Texas state contractor. Is that what you're trying to do?

SENATOR WENDY DAVIS: Yes.

SENATOR STEVE OGDEN: Okay.

SENATOR WENDY DAVIS: Thank you.

SENATOR KEVIN ELTIFE: Thank you, Senator Ogden. Senator Jackson, for what purpose?

SENATOR MIKE JACKSON: Will the lady yield?

SENATOR KEVIN ELTIFE: Senator Davis yield?

SENATOR WENDY DAVIS: Yes, of course.

SENATOR MIKE JACKSON: Thank you. Senator Davis, does your bill address companies that may have offices all over the United States?

SENATOR WENDY DAVIS: It actually does and the reason that it does, Senator Jackson, if you look at page one on line 19 that beginning paragraph there, it provides that in determining whether the preference serves to credit a positive economic impact on job growth and job retention in this state, some may consider a private sector provider and employment presence and business establishment in the state doesn't necessarily mean that the person has to be based in Texas or only have an office in Texas. They can be based in Kansas City but so long as they have a business presence and an employment presence and business establishment in the state, then they could be given preference over a company from Wisconsin that doesn't have any kind of business presence in our state.

SENATOR MIKE JACKSON: Okay. Let me ask you this. How would they determine where or when that kicked in in relation to say price? If a company -- and using Senator Ogden's example in a company from Oklahoma sent a bid in for a project in Fort Worth and you had a Fort Worth contractor but they were 10 percent higher than the company in Oklahoma, could they award it to the company in Fort Worth because they are in state?

SENATOR WENDY DAVIS: That's a very good question, I'm glad you asked it. The two primary components are price and qualification. And if you looked at subchapter B chapter 223 of the transportation code you would see that those are primary. This only becomes a third prong after price and qualification are met. So best price and most qualified, then all things being equal if you had equal price and equal qualification, TxDOT would then consider whether there was a business presence in the state. So it would still give primary focus to price and qualification.

SENATOR MIKE JACKSON: So is there a range in price of percentage that would enter into these calculations that TxDOT makes? I mean, I would submit to you that you are never going to have the exact same price from two contractors on a highway contract, I would think, or transportation project, I would think that would almost be like winning the lottery or something. It would be about those odds. So if one's a hundred dollars higher and they're the local contractor, how -- where does this all weigh into where the award is decided based on price and then the qualifications? And I'm assuming that if they're on that bidder's list they're normally pretty well qualified to bid. So qualified and with the ability to complete the job.

SENATOR WENDY DAVIS: Indeed. What you see on line 17 of the bill, the provider has to meet the department's expectations regarding price for the contract. So TxDOT has to make a determination that it's a fair price. If they haven't made a determination that it's a fair price, then they do not select the provider. It does give TxDOT the ability of determining.

SENATOR MIKE JACKSON: So they can kind of do what they want to do. Would a large highway contractor that was based specifically or primarily in Texas maybe with some offices satellite offices in other states take precedence over one who was primarily based in Oklahoma but had satellite offices in Texas?

SENATOR WENDY DAVIS: Well, it's not that conscriptive, Senator Jackson. If you notice what it says is that TxDOT may consider a private sector provider's employment presence and business establishments in the state. That can be part of their consideration and really that would be within TxDOT's determination within their judgment with regard to whether they felt that the presence was sufficient such that they would award the contract to that company.

SENATOR MIKE JACKSON: So they could award for a higher price to a local contractor if they wanted to.

SENATOR WENDY DAVIS: It has to meet the department's expectations regarding price for the contract and the purpose -- I'm sure you understand the purpose for this bill, Senator Jackson. The purpose is in particularly in difficult economic times if we're using taxpayer dollars on awarding contracts in the state of Texas, we probably all heard that in the interim there was a bridge being built in north Texas and there were Spanish construction workers that were flown into Texas to build that bridge and there was quite a bruhaha about it. Why weren't we employing Texas construction workers to do that. And I thought it was a very valid question. When we're using state dollars to award contracts in the state, why aren't we giving preference to our companies and why aren't we -- if price is fair and if qualifications are met, this bill is intended that Texans would be employed through the use of our tax dollars and I think that's a very reasonable thing for all of us to be asking.

SENATOR MIKE JACKSON: I think it's very reasonable and noble but I also have a little bit of question if we're spending and paying a lot more for the same job that we could get it done, you know, for -- because they're local as we could -- you know, we need to be very good stewards of our dollars to make sure that we take advantage of the best price that's out there, to do that as long as everybody's qualified to do that job.

SENATOR WENDY DAVIS: It's is a very clear consideration, Senator Jackson, and that's why we included the language on line 17 that requires that the provider must meet department expectations regarding price for the contract. If the TxDOT doesn't believe that it's a fair price, if it doesn't believe that the price that's bid meets the expectation of the contract they do not have to comply with this provision so it gives ultimate flexibility to TxDOT.

SENATOR MIKE JACKSON: They can do whatever they want? Okay. Thank you.

SENATOR KEVIN ELTIFE: Thank you, Senator Jackson. Senator Hinojosa, for what purpose?

SENATOR JUAN HINOJOSA: To ask Senator Davis a question.

SENATOR KEVIN ELTIFE: Senator Davis yield?

SENATOR WENDY DAVIS: Yes, I yield.

SENATOR JUAN HINOJOSA: You know, Senator Davis, I voted for the bill at the committee level but I just want to clarify a couple of questions that I have. And that is for example if there's no Texas company available to do the type of work they need, they can go outside the state.

SENATOR WENDY DAVIS: I'm sorry, can you repeat that question, Senator Hinojosa.

SENATOR JUAN HINOJOSA: If they're not -- if there's companies that are not available, they cannot find a company that can do the type of work that needs to be done, then they can go outside the state.

SENATOR WENDY DAVIS: Absolutely, yes.

SENATOR JUAN HINOJOSA: And also I guess this type of situation there will not be an issue in terms of a Texas company partnering with an outside company in terms of a joint project.

SENATOR WENDY DAVIS: That's correct.

SENATOR JUAN HINOJOSA: Thank you.

SENATOR WENDY DAVIS: Thank you, Senator. I move suspension, Mr. President.

SENATOR KEVIN ELTIFE: Senator Davis moves suspension of the regular order of business to take up and consider Committee Substitute SB1864. Is there objection? Chair hears none, the rules are suspended. The Chair lays out on second reading Committee Substitute SB1864. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 1864 relating to the awarding of contracts by the Tex Department of Transportation to private sector providers.

SENATOR KEVIN ELTIFE: The following amendment by Davis. Secretary, please read the amendment.

PATSY SPAW: Floor amendment No. 1 by Davis.

SENATOR KEVIN ELTIFE: We'll wait until the members have the amendment in their hands. Senator Davis to explain the amendment.

SENATOR WENDY DAVIS: Thank you, Mr. President. Because professional services are governed by a different set of processes within the government code this clarifies that professional services would be exempted from the application of this particular bill.

SENATOR KEVIN ELTIFE: Members, you heard the explanation of the floor amendment by Davis. She moves adoption of floor amendment No. 1. Is there objection? The Chair hears none; floor amendment No. 1 is adopted. Senator Davis is now recognized for a motion.

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

SENATOR KEVIN ELTIFE: Senator Davis moves passage to engrossment. Is there objection? Chair hears none, Committee Substitute SB1864 as amended is passed to engrossment. Senator Davis is now recognized for a motion to suspend the constitutional three day rule.

SENATOR WENDY DAVIS: So moved.

SENATOR KEVIN ELTIFE: 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: 25 ayes, six nays, rule is suspended. The Chair lays out on third reading and final passage Committee Substitute SB1864. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 1864 relating to the awarding of contracts for the Texas Department of Transportation to private sector providers.

SENATOR KEVIN ELTIFE: Senator Davis recognized for a motion.

SENATOR WENDY DAVIS: I move final passage.

SENATOR KEVIN ELTIFE: Senator Davis now moves final passage of Committee Substitute to Senate Bill 1864 as amended. 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: 26 ayes, five nays, Committee Substitute SB1864 is finally passed. Congratulations, Senator Davis.

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

SENATOR KEVIN ELTIFE: The Chair announces the signing of the following in the presence of the Senate.

PATSY SPAW: House Bill 314, House Bill 367, House Bill 861, House Bill 1409, HCR140, Senate Bill 423, and Senate Bill 693.

SENATOR KEVIN ELTIFE: Members, we have two more pieces of legislation we're going to take up today, then the president's desk will be clear and the deadline for the intent calendar is at 3:00 o'clock. It's 2:40. Just letting you know if your bills didn't get heard today, you need to get them on intent for tomorrow. Senator Ellis is recognized for a motion to suspend the regular order of business on House Bill 1555.

SENATOR RODNEY ELLIS: Thank you, Mr. President and members. This is the bill that came out of the Senate education committee unanimously and passed the House unanimously and it lets Houston and Dallas start school early. I move to suspend the Senate's regular order of business. So moved.

SENATOR KEVIN ELTIFE: Senator Ellis moves suspension of the regular order of business to take up and consider Committee Substitute House Bill 1555. Senator Gallegos, for what purpose?

SENATOR MARIO GALLEGOS: Will the gentleman yield?

SENATOR KEVIN ELTIFE: Senator Ellis yield?

SENATOR RODNEY ELLIS: Yes, I will gladly.

SENATOR MARIO GALLEGOS: Senator Ellis, I didn't know you were going to bring this bill up today, trying to sneak it by me. I did -- wanted to just for purposes of -- is this the Apollo 20 bill?

SENATOR RODNEY ELLIS: Senator, let me tell you what it does, it unanimously --

SENATOR MARIO GALLEGOS: No, I just want to know yes or no.

SENATOR RODNEY ELLIS: It is.

SENATOR MARIO GALLEGOS: Okay. All right. Go ahead, I'm listening.

SENATOR RODNEY ELLIS: Senator Ellis, I just saw a review that came out in the news where it had some of the data on the Apollo 20 Program was mixed. You know, and a lot of it was positive, and a lot of data is not inclusive, and a lot of data was not in. A lot of the data was not in, and that really concerned me. When you're putting that much money into a program that has some of the data that's coming in is conclusive, but the other is not conclusive. And with that much money going into these programs, it concerns me that a full analysis has not been done on these types of programs, where you're spending a lot of money on these programs, where you get an analysis that's inconclusive. I don't like inconclusive data, especially when you're, the money that you're talking about, private donations, and regular GR money that's going in. But, I think the purpose behind your bill, I do appreciate it, and I support, I just wanted it for legislative intent, that under this bill, that it is your intention that it only target low-performing schools. Is that your intent?

SENATOR MARIO GALLEGOS: Senator Ellis, I just saw a review that came out in the news where it had some of the data on the Apollo 20 Program was mixed. You know, and a lot of it was positive, and a lot of data is not inclusive, and a lot of data was not in. A lot of the data was not in, and that really concerned me. When you're putting that much money into a program that has some of the data that's coming in is conclusive, but the other is not conclusive. And with that much money going into these programs, it concerns me that a full analysis has not been done on these types of programs, where you're spending a lot of money on these programs, where you get an analysis that's inconclusive. I don't like inconclusive data, especially when you're, the money that you're talking about, private donations, and regular GR money that's going in. But, I think the purpose behind your bill, I do appreciate it, and I support, I just wanted it for legislative intent, that under this bill, that it is your intention that it only target low-performing schools. Is that your intent?

SENATOR RODNEY ELLIS: That is correct, Senator.

SENATOR MARIO GALLEGOS: Under low performing schools under this program.

SENATOR RODNEY ELLIS: Yes, Senator, what we're trying to do is if you recall in the No Child Left Behind Act --

SENATOR MARIO GALLEGOS: That was a yes?

SENATOR RODNEY ELLIS: That is my intent. Yeah, under the No Child Left Behind Act, if a school is deemed unsatisfactory for a given period of time, the school district has no choice other than to close that school. So, as an example, with Sam Houston High School, in your district, they had to close it. And the school district spent five million dollars to implement all of the reform measures required by the Texas Education Agency because of federal law and laws we put in place. Now, that was five million dollars for one high school. In the Apollo Program, nine schools in Apollo cost 8.4 million dollars and that has been money they have raised. So, I think you raise a valid point. It does cost, but it would've cost a heck of a lot more if they have to shut down those nine schools, if they would've spent on those nine schools what they spent on that one that happens to be in your district, that would've been million dollars instead of spending 8.4 so that, hopefully, we won't have to close these schools down. And so far, to be honest with you, Senator, it's been a tremendous success now, if you just suppose that with having to shut down one of those schools. And we all hope, with the help of all of us here in the Legislature, we won't have to shut down any of those schools. But, it costs far more to shut a school down and reopen, as was the case with Sam Houston in your district, than it cost us to try to keep these schools open and improve the performance.

SENATOR MARIO GALLEGOS: I understand what happened to Sam Houston in my district. I do understand what went on there but I am not here to debate Sam Houston. We're here to discuss your bill and I just want for -- like I said, for legislative intent that you are targeting low performing schools.

SENATOR RODNEY ELLIS: That's correct, Senator, only low performing schools.

SENATOR MARIO GALLEGOS: And I just want to make sure, clarify that, and I'm going to ask the President to put that in the Journal for legislative intent. But also, Senator Ellis, the people that are overseeing the Apollo Program, there's questions that we have asked, that we're not getting on who is being paid to oversee these programs and how much they're receiving on these programs. And, you know, I believe that the public deserves a right to know when they're overseeing a public school, in a program, when they're overseeing a public school. I believe that the public needs to know who's getting paid and how much. And who's overseeing the program, and that, you know, those are the questions that I still have not had answered. Can you get that information to me?

SENATOR RODNEY ELLIS: Senator, I really think, to be honest with you, that Chairwoman Shapiro might be in a better position to respond to that than I am. I know you mentioned in committee, you probably go to HISD a lot more than I do. I mean, I did tour one--

SENATOR MARIO GALLEGOS: I'm there at every meeting that I can be.

SENATOR RODNEY ELLIS: --yeah. I did tour one of these Apollo schools on my way back to Austin a couple of weeks ago, but the Chairwoman, in terms of some of the legislation she has passed on accountability measures, and transparency, I think--

SENATOR MARIO GALLEGOS: Yeah.

SENATOR RODNEY ELLIS: --she might be in a better position to help you get any information that you're not getting. But I'll be more than happy to ask for you.

SENATOR MARIO GALLEGOS: When you were chairman of finance and you asked how much certain people were getting paid and weren't you given that answer?

SENATOR RODNEY ELLIS: Senator, that was so long ago, I can't remember now. Seems like a distant memory in Senator Ogden's mind, as well as in my mind.

SENATOR MARIO GALLEGOS: But when you asked for that question to be answered and you asked how much money that person was making you were given an answer, weren't you?

SENATOR RODNEY ELLIS: Yeah, I would think that any of us, Senator Gallegos, in terms of the transparency, if you don't get it, you can always ask for it as Senator Zaffirini did, under the Open Records Law. If somebody won't give you something that you ask for I just say to you send that request and you'll get that pretty quick.

SENATOR MARIO GALLEGOS: And that's all I'm asking for is how much money is these people that are overseeing the Apollo program in my district, some of my schools in my district, I'm just asking how much they're making.

SENATOR RODNEY ELLIS: I don't know, but if you want to do a joint letter to ask for it, could you do a draft, let me look at it, I'll be more than happy to sign it with you.

SENATOR MARIO GALLEGOS: That's fine. Don't have a problem. Thank you.

SENATOR RODNEY ELLIS: Thank you.

SENATOR MARIO GALLEGOS: And Mr. President, I'd like to have Senator Ellis' and my discussion be put in the record.

SENATOR KEVIN ELTIFE: Is there any objection to the request? If not, so ordered. Thank you, Senator Gallegos. Senator Shapiro, for what purpose do you raise?

SENATOR FLORENCE SHAPIRO: To ask the author a question, actually the sponsor and the author.

SENATOR KEVIN ELTIFE: Senator Ellis yield?

SENATOR RODNEY ELLIS: Gladly.

SENATOR FLORENCE SHAPIRO: Thank you. Senator Ellis, I just want to make it perfectly clear there's a program that currently exists in the Houston Independent School District called Apollo.

SENATOR RODNEY ELLIS: That's correct.

SENATOR FLORENCE SHAPIRO: And it's enormously successful, is it not?

SENATOR RODNEY ELLIS: It is.

SENATOR FLORENCE SHAPIRO: And what are some of the statistics that you're really proud of?

SENATOR RODNEY ELLIS: You know, I'm proud of the fact that I think the number -- I don't want to get in political -- get in trouble but I just want to say over half of these kids have been accepted into a college, the seniors in the program after one year and I want to say the figure might be 80 percent. So if the fact check, tell them to check whatever I put in my legislative release. So off the top of my head after riding the bicycle all weekend, I may not have the numbers --

SENATOR FLORENCE SHAPIRO: Suffice to say extremely successful.

SENATOR RODNEY ELLIS: Very significant increases, you are so kind in your committee when a couple of the principals and some parents came in and testified. It has really made a difference. These are schools that were on the list to be shut down and then we would have been debating or I would have tried to use every influence that I had to get the school district not to shut them down. And so what they did was put together a program with a well renowned Harvard professor to use their resources. They have had to use some GR because of the downturn in the economy, they didn't get as much as they hoped to get but essentially for the most part with that money, I've gone to the Houston endowment to try to help them raise money, they've done a great job. They have essentially turned these into what I call kind of like public charter schools where you sign up to go to school on weekends, expensive tutoring services and it has made a difference and it's a four prong process that makes it work but for us to simply give them the option of starting school a little earlier for kids who would probably have ended up in trouble is a tremendous success.

SENATOR FLORENCE SHAPIRO: And all you're really asking is not for state money and you're not really asking for us to do anything except to give permission to help these young students who we've already seen along the way have been made tremendous progress and to make sure that these private foundations and donations that are giving money and continue to do so and to keep these students in those same environments to get them through to the end of high school.

SENATOR RODNEY ELLIS: That is correct. That extra ten days, whatever it amounts to, on the school on the front end has made a tremendous difference in terms of lead --

SENATOR FLORENCE SHAPIRO: And it's only Houston Independent School District.

SENATOR RODNEY ELLIS: And, now, West Dallas will have the option.

SENATOR FLORENCE SHAPIRO: To give the option and the option only comes with if the city of the Dallas Independent School District has the same kind of program.

SENATOR RODNEY ELLIS: That's correct.

SENATOR FLORENCE SHAPIRO: That's the other piece that I think is so important because I think all senators need to know this. This is not starting school early for all students, this is starting school early for a very specific group of students that Houston Independent School District has chosen to be a participant in this program and if the Dallas Independent School District had a program similar to your Apollo program then they too would qualify under this bill.

SENATOR RODNEY ELLIS: That's a good point. As an example in Houston the district identified of the lowest performing elementary schools in HISD and after some more retentive review of student data it shows that 11 of the elementary schools the average HISD elementary schools has commended reading levels of percent, they average Apollo elementary school has commended levels in reading at 19 percent. The average HISD elementary school has commended levels of math at 36, the average Apollo elementary school has commended levels in math of 19 percent. I mean, these are kids that are fiercefully in trouble and it's bringing them up.

SENATOR FLORENCE SHAPIRO: Well, and I will tell you, Senator Ellis, I am very much in favor of your bill. But not only am I in favor of it I think the future of public education is going to be driven by communities like the Houston Independent School District who find a niche and find a way to solve problems and that's what this bill does and that's what the Apollo program does and I want to thank you and I want to thank Representative Thompson for making the rest of the state aware of what you're doing in hopes of maybe having others that will follow.

SENATOR RODNEY ELLIS: Well, Madam Chair, I thank you and I think that some support for this program if it's unanimous in the Senate or close to it, it was unanimous in the House sends a strong signal to the private sector, don't give up on our kids that are in public schools and for that reason I'm hoping even Senator Gallegos will give some thought to vote to suspend the rules, put language in the record but we ought to encourage our business leaders to care as much as they do our kids in public school, as they do in their kids who have the privilege of being in private schools.

SENATOR FLORENCE SHAPIRO: And encourage our school districts to be innovative and creative in trying to help solve the problem.

SENATOR RODNEY ELLIS: This is the perfect example of thinking outside the box.

SENATOR FLORENCE SHAPIRO: Exactly.

SENATOR RODNEY ELLIS: Can make a difference and it has persuaded me to think outside the box.

SENATOR FLORENCE SHAPIRO: And that's been a mistake in the 21st century. Thank you so much, Senator.

SENATOR RODNEY ELLIS: Thank you.

SENATOR KEVIN ELTIFE: Thank you, Senator Shapiro. Senator Patrick, for what purpose?

SENATOR DAN PATRICK: Quick question of the author.

SENATOR KEVIN ELTIFE: Senator Ellis.

SENATOR RODNEY ELLIS: Yes, sir.

SENATOR DAN PATRICK: Senator Ellis, I support you in this issue. I also represent about percent plus of HISD, this program at least the initial reports are that it's yielding great benefits and I support you and I believe I'm a coauthor of your bill, I'll co-sponsor this bill and move forward together. Just want to let you know. Think it's a good bill and we're working together bill.

SENATOR RODNEY ELLIS: We are and I should mention that Senator Huffman as well and the lieutenant governor, the HISD superintendent, some board members of the business community came early on in the session. I wanted to give the issue time to percolate, to be honest with you, so we wouldn't have a fight over this issue here because we want our neighborhoods invested in their schools and we want business support for these public schools as well. So this bipartisan effort has meant a lot and I appreciate that as well, sir.

SENATOR KEVIN ELTIFE: Thank you, Senator Patrick. Senator Ellis moves suspension the regular order of business to take up and consider Committee Substitute House Bill 1555. Is there objection? The Chair hears none, the rules are suspended. The Chair lays out on second reading Committee Substitute House Bill 1555. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 1555 relating to the first day of instruction in certain school districts.

SENATOR KEVIN ELTIFE: Senator Ellis recognized for a motion.

SENATOR RODNEY ELLIS: I move passage to third reading.

SENATOR KEVIN ELTIFE: Senator Ellis has moved passage to third reading. Is there objection? The Chair hears none, Committee Substitute House Bill 1555 is passed to third reading. Senator Ellis is now recognized for a motion to suspend the constitutional three day rule.

SENATOR RODNEY ELLIS: So moved, Mr. President.

SENATOR KEVIN ELTIFE: 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: 30 ayes, one nay, the rules are suspended. The Chair lays out on third reading and final passage Committee Substitute House Bill 1555. The secretary will read the caption.

PATSY SPAW: Committee Substitute House Bill 1555 relating to the first day of instruction in certain school districts.

SENATOR KEVIN ELTIFE: Senator Ellis recognized for a motion.

SENATOR RODNEY ELLIS: I move final passage.

SENATOR KEVIN ELTIFE: Senator Ellis now moves final passage of Committee Substitute House Bill 1555. 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: 31 ayes, zero nays, Committee Substitute House Bill 1555 is finally passed.

SENATOR RODNEY ELLIS: Thank you, Mr. President. And thank you, Senator Gallegos.

SENATOR KEVIN ELTIFE: Senator Deuell is recognized for a motion to suspend the regular order of business on SB1206.

SENATOR BOB DEUELL: Thank you, Mr. President. Members, I move to suspend the Senate's regular order of business so that we can take up and consider the Committee Substitute to Senate Bill 1206. Members, freestanding emergency departments are full service emergency departments that are not physically attached to a hospital. In the last session we passed legislation that made that a reality, representative Karl Eisner and myself providing for their licensure and adopting the rules the Department of State Health Services interpreted the emergency standards strictly protecting doctors in these facilities from providing care within their scope unless they are related to the patient or are in emergent medical condition. This has prevented these doctors from providing services such as immunizations and physical examinations if they pertain to the emergency problem. These services take place at the time the emergency care is provided or to be part of a public health care service. Senate Bill 1206 allows doctors in freestanding emergency departments to provide care and services that is within their scope. The lieutenant governor wanted me to clarify an issue that these emergency freestanding emergency departments could only provide care related to an emergency department. They cannot be converted to a dermatology clinic you can or birthing center or anything in of that nature. I move suspension.

SENATOR KEVIN ELTIFE: Senator Deuell moves suspension of the regular order of business to take up and consider Committee Substitute SB1206. Is there objection? Chair hears none, rules are suspended. The Chair lays out on second reading Committee Substitute SB1206. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 1206 relating to medical care and public health services provided by certain freestanding emergency medical care facility.

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

SENATOR BOB DEUELL: I move passage to engrossment.

SENATOR KEVIN ELTIFE: Senator Deuell now moves passage to engrossment. Is there objection? Chair hears none, Committee Substitute SB1206 is now passed to engrossment. Senator Deuell is now recognized for a motion to suspend the constitutional three day rule.

SENATOR BOB DEUELL: So moved.

SENATOR KEVIN ELTIFE: 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: 30 ayes, one nay, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute SB1206. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 1206 relating to medical care and public health services provided by certain freestanding emergency medical care facilities.

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

SENATOR BOB DEUELL: Thank you, Mr. President. I move final passage of the Committee Substitute to Senate Bill 1206.

SENATOR KEVIN ELTIFE: Senator Deuell now moves final passage of Committee Substitute SB1206. 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: 31 ayes, zero nays, Committee Substitute to Senate Bill 1206 is finally passed. Congratulations, Senator Deuell.

SENATOR BOB DEUELL: Thank you, Mr. President and members.

SENATOR KEVIN ELTIFE: The following motion in writing. Secretary please read the motion.

PATSY SPAW: Motion in writing: Permission to introduce bills. Mr. President, I move suspension of Senate rule 7.07B to permit the introduction of the following bills: Senate Bill 1923 by Wentworth relating to providing that certain travel vouchers submitted by peace officers assigned to protective detail are confidential. Senate Bill 1924 by Uresti relating to concurrent state and federal jurisdiction over certain units of the national park system in this state. Senate Bill 1925 by Eltife relating to the designation of a portion of U.S. Highway 271 as the Sergeant JM Hopkins Memorial Highway. Senate Bill 1926 by Lucio relating to Colonel William Bill H. card, Jr. outpatient clinic. SCR49 by Wentworth granting Jacqueline A. Carrizales permission to sue the San Antonio water system motion. By Whitmire.

SENATOR KEVIN ELTIFE: Members, you have heard the motion. Is there objection? Chair hears none, so ordered. Members, president's desk is clear. Members, are there any announcements? Senator Duncan.

SENATOR ROBERT DUNCAN: Thank you, Mr. President and members. The Senate committee on state affairs will meet 30 minutes upon adjournment here in the Senate chamber to take up and consider pending bills. We have completed our public testimony and we intend to vote on pending bills 30 minutes upon adjournment. That will be at 4:30 p.m.

SENATOR KEVIN ELTIFE: Thank you, Senator Duncan. Senator Uresti for an announcement.

SENATOR CARLOS URESTI: Thank you, Mr. President. Members, I'm giving notice that the local and uncontested calendar session will be held this Thursday May 5th at 8:00 o'clock a.m. A copy of the certified calendar has been furnished to each of you. The bills and resolutions will be considered in second and third reading in the order listed. Also, members, the deadline to turn in bills to have them considered for the next local and uncontested calendar is this Wednesday May 4th at 4:00 o'clock p.m.

SENATOR KEVIN ELTIFE: Thank you, Senator Uresti. Senator Estes for an announcement.

SENATOR CRAIG ESTES: Thank you, Mr. President and members. Senate committee on agriculture and rural affairs will meet at 4:30 in E011 -- E1.012. Thank you.

SENATOR KEVIN ELTIFE: Thank you, Senator Estes. Senator Ellis for an announcement.

SENATOR RODNEY ELLIS: Mr. President, the government organization committee will meet immediately upon adjournment in the Betty King Room to consider eligible bills.

SENATOR KEVIN ELTIFE: Members, are there any other announcements. Any other announcements. If not the Chair recognizes the Dean of the Senate for a highly privileged motion. The Dean of the Senate is recognized for a highly privileged motion.

SENATOR JOHN WHITMIRE: Mr. President, I would yield to Senator Gallegos at this time.

SENATOR KEVIN ELTIFE: Senator Gallegos is recognized.

SENATOR MARIO GALLEGOS: Mr. President, I wasn't here earlier when most of the comments were made about the circumstance --

SENATOR KEVIN ELTIFE: Members, could we have just a little order? Thank you. Go ahead, Senator Gallegos.

SENATOR MARIO GALLEGOS: Mr. President and members, I wasn't here when the comments were made on the circumstances that happened yesterday and I wanted to add my 2 cents in and I'm looking for Colonel Birdwell but I don't see him. I just wanted everyone to remember not only what transpired last night but what was said on the floor. Over 400 firefighters that got killed. And you know that day, Colonel Birdwell, when I woke up that morning and watched TV and saw what was happening, as a former firefighter I knew that the first responders what their job was standard operating procedure all over this country and the first responders it's obviously their job to search and rescue and there's no doubt that I knew that they were going up and watching everybody go down and helping everyone. So I knew obviously what their fate was going to be and I just wanted to say, Colonel Birdwell and others here on the floor, I want you to know that I saw some of the firefighters last night on the television coverage that was especially in New York, obviously the New York City firefighters, that we also remember them also and everyone else that gave their lives and those that lost their lives in that terrible incident that happened back then. Thank you.

SENATOR KEVIN ELTIFE: Thank you, Senator Gallegos. Senator Ellis, did you wish to be recognized?

SENATOR RODNEY ELLIS: Yeah, just briefly, Mr. President. I want to ask that Senator Gallegos and that all the members' comments about Osama Bin Laden be reduced to writing and placed in the record. I wanted to make sure all of them were put in the record.

SENATOR KEVIN ELTIFE: Members, you heard the motion by Senator Ellis. Any objection? If not, so ordered. Thank you Senator Ellis. Dean Whitmire.

SENATOR JOHN WHITMIRE: Thank you. I move that the Senate adjourn until 11:00 a.m. tomorrow pending the reading and referral of bills and we do this in memory of Officer J.D. Tippett, Private Ira Benjamin Laningham IV and Janie Cuellar Salinas.

SENATOR KEVIN ELTIFE: Thank you, Senator Whitmire. Senator Whitmire moves that the Senate adjourn until 11:00 a.m. Tuesday May 3rd. Is there objection? Chair hears none, the Senate stands adjourned until 11:00 a.m. Tuesday May 3rd pending the reading and referral of bills. Thank you, members.

PATSY SPAW: Senate Bill 1923 by Wentworth relating to providing that certain travel vouchers submitted by peace officers assigned to particular detail are confidential. To open government. Senate Bill 1924 by Uresti relating to concurrent state and federal jurisdictions over certain national park system. To agriculture and rural affairs. Senate Bill 1925 by Eltife relating to the designation of a portion of U.S. Highway 271 as the Sergeant JM Hopkins Memorial Highway. To transportation and homeland security. House Bill 1926 by Lucio relating to the Colonel William H Bill Card, Jr. outpatient clinic. To international relations and trade. SCR49 by Wentworth granting Jacqueline A. Carrizales permission to sue the San Antonio water system. To jurisprudence. House Bill 78 to transportation and homeland security. House Bill 150 to redistricting. House Bill 232 to intergovernmental relations. House Bill 343 to transportation and homeland security. House Bill 725 to State affairs. House Bill 707 to intergovernmental relations. House Bill 718 to criminal justice. House Bill 782 to intergovernmental relations. House Bill 788 to health and human services. House Bill 812 to transportation and homeland security. House Bill 844 to intergovernmental relations. House Bill 858 to intergovernmental relations. House Bill 887 to transportation and homeland security. House Bill 901 to jurisprudence. House Bill 927 to criminal justice. House Bill 976 to criminal justice. House Bill 990 to economic development. House Bill 1048 to jurisprudence. House Bill 1057 to intergovernmental relations. House Bill 1094 to state affairs. House Bill 1103 to criminal justice. House Bill 1123 to business and commerce. House Bill 1235 to transportation and homeland security. House Bill 1267 to intergovernmental relations. House Bill 1274 to administration. House Bill 1371 to intergovernmental relation. House Bill 1385 to transportation and homeland security. House Bill 1403 to natural resource. House Bill 1449 to agriculture and rural affairs. House Bill 1450 to agriculture and rural affairs. House Bill 1503 to state affairs. House Bill 1514 to veteran affairs and military installations. House Bill 1523 to transportation and homeland security. House Bill 1631 to state affairs. House Bill 1711 to economic development. House Bill 2080 to transportation homeland security. House Bill 2857 to intergovernmental relations. House Bill 2907 to higher education. House Bill 3049 to transportation and homeland security.

SENATOR GLENN HEGAR: Per a motion previously adopted the Senate stands adjourned until 11:00 a.m. tomorrow morning.

(Adjourned.)