Senate Transcript, May 28, 2011

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

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

SENATOR STEVE OGDEN: A quorum is present. Chair recognizes Senator Watson to introduce the pastor for the day.

SENATOR KIRK WATSON: Thank you very much, Mr. President. Members, as you know, I don't introduce every pastor that is here from my district but it feels entirely proper today to do this, of course, this is Memorial Day weekend. We have participated this morning in a wonderful memorial service over in the House and Reverend Edward Garcia who is our pastor for the day served in the United States Marine Corps from 1976 to 1981. He was an embassy guard in Tehran, Iran in 1978 and 1979 and in San Jose Costa Rica 1979 to 1980. He and his wife met in Costa Rica and they are married now for 31 years. They have three daughters and one grandson. Reverend Garcia received his bachelor's degree from Ash berry College and a masters of divinity from the Per kins School of Theology at Southern Methodist University. For 21 years he has served in the United Methodist church and is currently the senior pastor of the Emmanuel United Methodist Church here in Austin. He's also very active with a variety of organizations including Austin Interface that -- his work with these organizations is an effort on his part to seek to benefit people who otherwise wouldn't have a voice in areas of education and civil rights. Reverend Garcia, thank you for your service to our country, particularly as we celebrate this Memorial weekend, and we think of all of those who have paid the ultimate sacrifice and thank you for being here today with us to give the invocation.

SENATOR STEVE OGDEN: All on the floor and in the gallery, please rise for the invocation to be delivered by Reverend Edward Garcia, Emmanuel Methodist Church of Austin.

PASTOR: Good afternoon. I joined the Marine Corps to be a marine, I found out that being a Marine in Iran and I was there to defend the United States and citizens even if it cost my life. I entered into ministry thinking that as a pastor I would save souls. At my first church I found out that saving a soul meant feeding the hungry, comforting a broken heart, you too have found out that your call goes beyond just popularity and power, your position, but how did those things open doors for a better life for those depending on your voice to bring them justice, mercy, hope for the future. That is what we pray for today, would you bow your head with me? God of wisdom, bring to us discernment that we may know what You see as right and wrong. God of justice, bring us around the table where all are heard without fear of judgment or rejection. God of grace, just as you give us abundantly, let us give unconditionally to all who hunger and thirst this day. God of mercy, you forgave, you forgive, help us to tart this session forgiven and forgiving. God of love, teach us the power that comes with your love to dissolve hate, pride, anger and divisions. God of life, teach us the beauty of each moment in our life and in our neighbors. Speak to us Your will, speak through us what is right and just and tomorrow, may the children learn, may the hungry be fed, may the homeless find shelter, may the sick find healing, may the unemployed find work and may we all live together remembering the blessing of what you've done here today, surrounded by your Holy presence and in Your Holy name we pray, so be it. Amen.

SENATOR STEVE OGDEN: Thank you, Reverend. You may be seated in the gallery. Members, Senator Whitmire moves to dispense with the reading of yesterday's journal. Is there objection? The Chair hears none, so ordered. Mr. Doorkeeper.

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

SENATOR STEVE OGDEN: Admit the messenger.

MESSENGER: Thank you, Mr. President. Mr. President, I am directed by the House to inform the Senate that the House has taken the following action, the House has concurred in the Senate amendment to the following measures HB4, HB1759 --

SENATOR STEVE OGDEN: The Chair recognizes Senator West for a motion to grant the house's request for appointment of a conference committee on House Bill 362.

SENATOR ROYCE WEST: Thank you very much, Mr. President. I move to grant the request of the House to appoint a conference committee on House Bill 362. Members, House Bill 362 is the HOA solar panel bill. Chairman Solomons and I have worked out the differences between the two versions of all stakeholders but we need to go to conference to implement those changes. I move the request the House's request for appointment of a conference committee.

SENATOR STEVE OGDEN: : Is there objection? Chair hears none, are there any motions to instruct? Following conferees.

PATSY SPAW: Conference committee on House Bill 362 Chair, Senator West, members, Senator Wentworth, Senator Gallegos, Senator Nichols, Senator Patrick.

SENATOR STEVE OGDEN: The Chair recognizes Senator Carona on a motion for the conference committee report on Senate bill 263.

SENATOR JOHN CARONA: Thank you, Mr. President and members. This bill closes the loophole of the law that allows a physician to avoid license revocation by entering into a no contest plea and accepting deferred adjudication. Due to a drafting error, I move to not concur with House amendments to fix the error in a conference committee. The drafting error has now been removed and therefore I move to adopt the conference committee report.

SENATOR STEVE OGDEN: Senator Carona moves adoption of the conference committee report on Senate bill 263. The secretary will call the roll.

SENATOR STEVE OGDEN: Being 31 ayes, zero nays, conference committee report for Senate bill 263 is adopted. The Chair recognizes Senator West for a motion on conference committee report for Senate bill 144.

SENATOR ROYCE WEST: Mr. President and members, I move that we adopt the conference committee report on Senate Bill 144. While the bill was in the House, the governor's office adjusted an amendment, unfortunately in the hustle and bustle, the wrong draft of the amendment was added. We have added the correct draft of the amendment which requires a person wait ten years after completion of community supervision to request a recommendation for a pardon from the board of pardons and parole.

SENATOR STEVE OGDEN: All right. Senator West moves adoption of the conference committee report on Senate Bill 144. The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays, the conference committee report on Senate Bill 144 is adopted. Chair recognizes Senator Rodriguez for a motion on the conference committee report on Senate Bill 602.

SENATOR JOSE RODRIGUEZ: Thank you, Mr. President and members. Senate bill 602 addresses three specific issues related to the Texas Public Information Act. Senate Bill 602 passed the Senate unanimously, the House added three amendments to the bill when it was engrossed. The conference committee report contains the Davis amendment which exempts the personal contact information to f a person included in institutions' emergency notification system, and the Solomons amendment which includes the language of Senator Wentworth's Senate Bill 375 which also passed the Senate unanimously. We removed the Fletcher amendment which would exempt the home address for a person who receives a traffic citation due to cost concerns expressed by counties and cities. Mr. President and members, I move to adopt the conference committee report for Senate Bill 602.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: There being 31 ayes, zero nays, the conference committee report on Senate Bill 602 is adopted.

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

SENATOR STEVE OGDEN: The Chair lays out the following resolution. Secretary will read the resolution.

PATSY SPAW: Senate Resolution 1206 suspending limitations on conference committee jurisdiction on Senate Bill 1087 by Carona.

SENATOR STEVE OGDEN: Senator Carona is recognized on the resolution.

SENATOR JOHN CARONA: Thank you, Mr. President. This bill which is on video franchising addresses video provider treatment in Texas by allowing incumbent video providers of Texas with a population of less than 215,000, the ability to terminate existing municipal franchise agreements and to opt into state issued certificates. In the process of determining acceptable changes, several compromises were reached touching on a few new issues such as city population limits for an automatic termination of the agreement. As a result of these technical necessities, we need to go outside the bounds. I move adoption of this resolution.

SENATOR STEVE OGDEN: Question is on the adoption of Senate Resolution 1206. The secretary will call the roll.

SENATOR STEVE OGDEN: Being 31 ayes, zero nays, the resolution is adopted. The Chair recognizes Senator Carona on a motion of the conference committee report for Senate Bill 1087.

SENATOR JOHN CARONA: Thank you, Mr. President. The conference committee report which represents an agreed to bill by all stakeholders even the revisions allows early termination of those municipalities with populations of less than 215,000. Just for legislative intent, let me mention it is the intent of this legislation to allow cable service providers and video service providers to credit the percent peg fee against the 5 percent franchise fees but only for the amount not spent in accordance with federal law and comply with any applicable federal law rules and regulations. With that I move that we adopt the conference committee report on Senate Bill 1087.

SENATOR STEVE OGDEN: Senator Carona moves adoption of conference committee report on Senate Bill 1087. The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays, the conference committee report on Senate Bill 1087 is adopted. The Chair recognizes Senator Estes on the motion of the conference committee report for Senate Bill 249.

SENATOR CRAIG ESTES: Thank you, Mr. President and members. Members, this is the bill that added a public member and a banker to the finance commission. The House put on an amendment that disrupted the balance of the commission, and we have taken that amendment off in the conference committee report. So the conference committee report is identical to the bill that passed out of the Senate several months ago. So with that, I move that we adopt a conference committee report to Senate Bill 249.

SENATOR STEVE OGDEN: Senator Estes moves adoption of conference committee report on Senate Bill 249. The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays, the conference committee report on Senate Bill 249 is adopted.

SENATOR CRAIG ESTES: Thank you.

SENATOR KEVIN ELTIFE: Chair recognizes Senator Van de Putte for a motion on the conference committee report for SB -- House Bill 1335.

SENATOR LETICIA VAN DE PUTTE: Thank you Mr. President. Mr. President and members, I move to adopt the conference committee report for House Bill 1335. Members, the conference committee stripped two of our Senate amendments. Unfortunately one of them was Senator Davis' thoughtful amendment in intradistrict transfers, received significant push back and of course the issue of germaneness and also Senator Patrick's amendment which puts his Senate Bill 1788 the model IEP plan but that did pass the House on Wednesday May 25th, so with the stripping of the two amendments, we went back to the original House Bill 1335 and I move to adopt the conference committee report on House Bill 1335.

SENATOR KEVIN ELTIFE: Senator Van de Putte moves adoption of the conference committee report on House Bill 1335. The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays, conference committee report is adopted. Thank you, Senator Van de Putte.

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

SENATOR KEVIN ELTIFE: Chair recognizes Senator Hinojosa for a motion on the conference committee report on House Bill 1732.

SENATOR JUAN HINOJOSA: Thank you, Mr. President and members. This piece of legislation deals with a water bonds and limit that we placed and clarifies the difference between water bonds that are issued for our self-supporting bonds compared to those that we had to appropriate general revenue. So with it, on the conference committee report, we took out an amendment that we had here on the Senate side that prioritizes the implementation of priority factors to implement any water projects. And with that I move for adoption on conference committee report on House Bill 1732.

SENATOR KEVIN ELTIFE: Senator Hinojosa moves adoption of conference committee report on House Bill 1732. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, the conference committee report is adopted. Thank you, Senator Hinojosa. Senator Whitmire is recognized for a motion conference committee report on SB No. 1489.

SENATOR JOHN WHITMIRE: Thank you, Mr. President. I would move to adopt the conference committee report on Senate Bill 1489. 1489 is legislation relating to educating juvenile justice and juvenile justice responses to truancy. The amendments in conference committee kept municipal courts to jurisdiction to hear truancy cases. A court may only charge a fee for a juvenile case manager if the court employs the juvenile case manager, it added clarifying language to add for municipal departments to supervise municipal case managers and allow the sharing of information between the court department of juvenile probation management systems. I move to concur with the conference committee report.

SENATOR KEVIN ELTIFE: Senator Whitmire moves adoption of conference committee report on Senate Bill 1489. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, conference committee report on SB1499 is adopted. Chair recognizes Senator Whitmire for a motion on the conference committee report on House Bill 200.

SENATOR JOHN WHITMIRE: Thank you, Mr. President. I move to adopt the conference committee report for House Bill 200. It relates to notification of release of certain inmates given to certain courts, to law enforcement agencies in the United States, Social Security Administration, there was an amendment in conference that said that the county sheriff and others would be notified when a parolee is released to that jurisdiction. I so move.

SENATOR KEVIN ELTIFE: Senator Whitmire moves adoption of conference committee report on House Bill 200. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 I's, no nays, the conference committee report is adopted. Thank you, Senator Whitmire. Chair recognizes Senator Zaffirini for a motion on the conference committee report on House Bill 871.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. Mr. President and members, I move that the Senate adopt the conference committee report to House Bill 871 by Representative Yvonne Davis relating to indigent health care services that may be provided by a county. This bill will permit counties to offer physical and occupational therapy since optional services under the Indigent Health Care and Treatment Act. We added an amendment that I supported in the Senate but the House removed because they believe it was not germane and it was related to indigent health care policies and practices. Accordingly I move to adopt the conference committee report.

SENATOR KEVIN ELTIFE: Senator Zaffirini moves adoption of the conference committee report on House Bill 871. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, the conference committee report on House bril 871 is adopted. Thank you, Senator Zaffirini.

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

SENATOR KEVIN ELTIFE: Chair recognizes Senator Estes on a motion on the conference committee report on House Bill 2560. 2560. House Bill 2560.

SENATOR CRAIG ESTES: Thank you, members. Mr. President and members, this is a bill, Senator Uresti, that would allow foster parents who have a concealed handgun license to possess firearms in their cars while they're transporting their foster children. The House version of the bill stated that if a foster parent decides to have a handgun in the car with a foster child, it needed to be in the possession and control of the parent, Senator Uresti offered an amendment which I accepted that tightened this to require that the handgun be concealed on the person of the foster parent. As it turned out, that amendment was not acceptable to the House so we went to conference and in conference Representative Sheffield pointed out that Senator Uresti's amendment he thought was out of step with other law concerning firearms in foster homes? Senate Bill 322 which we passed out on the 7th already allowed foster parents who do own firearms to keep them in the home where there are foster children Representative Sheffield argued convincibly that we already trust foster parents to adequately supervise foster children to firearms in the home. We should trust them to supervise foster children around firearms in the car as well, especially when the parent is a concealed carry licensee. Beyond this Representative Sheffield pointed out that under Senator Uresti's language a foster parent who's licensed to carry could not transport a handgun in the trunk of his vehicle or locked in his glove compartment. There is no reason to prohibit this. After considering the viewpoints, I found Representative Sheffield's reasoning persuasive and I want to commend Senator Uresti on his advocacy on his viewpoint, but at the end of the day I do not think a foster parent who is licensed to carry should have to give up that right simply because he has decided to take a foster child into his home. And, members, I have a small mailer from the National Rifle Association who agrees with that, so while I see and respect Senator Uresti's point of view, after consideration, I recommend that the body vote to accept the conference committee report which returns the bill to its original language and I move adoption.

SENATOR KEVIN ELTIFE: Senator Uresti for what purpose.

SENATOR CARLOS URESTI: Will the gentleman yield for a few questions?

SENATOR CRAIG ESTES: Absolutely.

SENATOR CARLOS URESTI: Thank you. Thank you, Senator Estes. And I know you and I have had some discussion on this but I just kind of want to get the members' attention on this issue because I think it's worth noting the concerns that I have and I think other members have as well, and Senator Estes, I know you mentioned that the House wants to stick with the original bill notwithstanding the amendment that I offered and the Senate agreed, this body agreed to put on the bill but my concern is, is this bill about foster children or is this bill about concealed handgun carriers?

SENATOR CRAIG ESTES: What's your concern?

SENATOR CARLOS URESTI: My question is is this bill about foster children, protecting foster children or is this bill about allowing those individuals who have a concealed handgun permit to carry their weapons?

SENATOR CRAIG ESTES: Well, I think it's both, Senator. I think it's not taking away a foster parent's 2nd amendment right just because they have foster children and to make sure that they're responsible with those rights and to make sure that they are, you know, keep their foster children safe. So the answer is both.

SENATOR CARLOS URESTI: Well, in the concerns that I have, and we talked about this a few days ago as well on the floor that these foster children find themselves in different situations than most children, would you agree with that?

SENATOR CRAIG ESTES: Well, they find themselves in all types of situations, yes.

SENATOR CARLOS URESTI: And hence the reason why they become foster children and some of them -- a large number of them are removed from their homes from their mothers, from their fathers, from their family in large part because of domestic violence or family violence; is that correct?

SENATOR CRAIG ESTES: That's a large part of it.

SENATOR CARLOS URESTI: Because of abuse and neglect. And in many instances when we're talking about family violence or when we're talking about domestic violence, when we're talking about abuse, we're talking about it may involve a weapon, a gun; is that correct? Senator Uresti.

SENATOR CRAIG ESTES: It may.

SENATOR CARLOS URESTI: And so the concerns that I have and I think the body should listen to this discussion is that -- let me give you this scenario. You have a young child a 4-year-old, a 5-year-old, an 8-year-old that the night before his mother has been assaulted, has been shot, God forbid has been killed by the hands of her husband, her boyfriend, and it involved a weapon, CPS is going to come, they're going to remove those children, those young children that have most likely witnessed the domestic violence, this family violence and now, they're going to be removed from this tragic and traumatic event and placed with a foster parent who happens to have a weapon and according to your bill, as you're proposing it, that can be in the glove compartment, it can be in the -- on the side of their seat, so do you understand the concerns that I have, Senator Estes, with allowing this bill to go forward?

SENATOR CRAIG ESTES: Absolutely, Senator, and I would hope and trust that that foster parent will use discretion, but there again we do not want to take away any of his or her 2nd Amendment rights.

SENATOR CARLOS URESTI: That's why I go back to my original question. Is this bill about foster children or is this bill about 2nd Amendment rights? And I certainly respect that and I'm a strong supporter of 2nd Amendment rights, as you know, but given the fact that I described a minute ago and given the sensitive and delicate situation that these foster children find themselves, my concern again is that you're taking these children and removing them from one traumatic event and you're putting them possibly in a situation where they're going to see a gun and a 5-year-old little girl who has just seen her mother assaulted or injured or killed by someone else, it's just going to add to that trauma.

SENATOR CRAIG ESTES: Well, I disagree with you, Senator, because I believe our foster parents that are concealed license holders will use great sensitivity when they're in that situation.

SENATOR CARLOS URESTI: Okay. And I don't disagree with that part, my concern is, I'm looking at it, members, from the perspective of the child. You're your looking at it, it appears to be from the perspective of the concealed handgun carrier. I guess that's the difference here is the perspectives that we're looking at this bill and I think because in the bill it says relating to transporting a foster child and so let's look at the bill. Relating to transporting a foster child in a vehicle. So this bill in my opinion deals with foster children and how are we going to care for those foster children. And so I don't think we should put those other issues before the issue of these children. These children are foster children for a reason, very serious reasons that concern all of us and I know it's a delicate balance and I understand where you're coming from, Senator Estes, but I think at the end of the day if the members were to put themselves in the shoes of these foster kids who have just gone through very emotional, very traumatic situation, do we really want to put them in another environment, in another situation that involves a gun? Notwithstanding the fact that foster parents are very good foster parents, most of them are, notwithstanding that, they're going to be in a vehicle and the gun, correct me if I'm wrong, can be in the glove compartment, can be in the glove box or can be in the side of their seat? Is that correct.

SENATOR CRAIG ESTES: Yes, Senator, and I trust that concealed carrier foster parents parent to do what's right. And by the way, under section of the penal code section 4613 it is already illegal to leave a child unsupervised in the vicinity of the firearm whether it be in a home or car so this bill does not change any of that.

SENATOR CARLOS URESTI: So why is the bill necessary then?

SENATOR CRAIG ESTES: The bill is necessary to that foster parents 2nd Amendment rights are not curtailed just because they do the wonderful loving work of being a foster parent.

SENATOR CARLOS URESTI: And there's no question about that and again the perspective that I hope the members will review this bill will be from the perspective of the foster child first and foremost because of their situation that they find themselves in. But I think there's other component to this bill. Even though currently it's illegal to leave that weapon accessible to the child, there's a prevention component here that I'm concerned about. It's to ensure that these children cannot access that weapon, and so I think we have to look at it from two perspectives as well. From the foster child's perspective one and then two from the prevention part of it. So any time that you have a weapon accessible or available to a child merely because of their curiosity, being intrigued like all of us were as kids and many of us still are as adults with weapons, that we're putting that child in an unsafe environment. If this bill passes we are going to allow that weapon to be, correct me if I'm wrong, and you haven't yet, on the side of their seat.

SENATOR CRAIG ESTES: I disagree with you, Senator, you asked me to correct you when you're wrong, the concealed carry foster parent has the obligation to make sure that his weapon and concealed and under the law S4613 of the penal code to not make a weapon available to minors, so I think this is a good bill and I understand where you're coming from and as you know agreed with your amendment, the House did not, I still think this is a good bill and to we could go around and around if you want. But in my opinion we should move adoption of this good bill.

SENATOR CARLOS URESTI: Well, even though this is what the House wants, that doesn't mean that the body should agree with the House.

SENATOR CRAIG ESTES: That's correct, but I do agree with the House in this circumstance.

SENATOR CARLOS URESTI: Okay. And so what we're going to do today if we adopt the conference committee report on this bill is we're not going to put our foster children first; is that correct?

SENATOR CRAIG ESTES: What we will do is guarantee that foster parents who have their concealed handgun license accept an amendment rights are not curtailed, and I believe that the foster children under their care will be safe.

SENATOR CARLOS URESTI: Thank you, Senator Estes.

SENATOR CRAIG ESTES: Thank you, Senator Uresti. I move adoption.

SENATOR KEVIN ELTIFE: Thank you, sir. Senator Rodriguez for what purpose?

SENATOR JOSE RODRIGUEZ: Will the gentleman yield for a few more questions?

SENATOR KEVIN ELTIFE: Senator Estes yield?

SENATOR CRAIG ESTES: Absolutely.

SENATOR JOSE RODRIGUEZ: Senator Estes, I don't want to beat a dead horse as they say, but I do share in the view that Senator Uresti just expressed sed and I want to take his concerns a little bit further here because I mean, as a county attorney and I dealt with child abuse and kids getting placed in the foster system. As Senator Uresti said, most -- as you know this, that most foster parents are responsible parents but there are some irresponsible foster parents and like any other parent, we know that they can make mistakes. And so I just have a couple of questions for now. No. 1, on your insistence that you don't want to curtail and the House's position is you don't want to curtail the 2nd Amendment rights, is it your opinion and the House that 2nd Amendment rights trump the safety and welfare of the child in this instance?

SENATOR CRAIG ESTES: Senator, we -- to answer that question we passed a bill in 2007 before you came to the legislature, Senate Bill 322 that was by Deuell that allowed foster parents to own firearms and keep them in the home and be responsible, just like any other concealed licensee. It was senator Deuell's bill -- and I believe Senator Uresti voted for it. So the only point we're making is that foster parents need to exercise and need to have their 2nd Amendment rights just like everyone else and they need to exercise discretion when they're dealing with their foster children use like we do with our natural children or adopted children and so that's all this bill is about. Senator Uresti's amendment complicated some things about where that person could have the gun with them while they were in the car and so that's why we're taking off that amendment and I think it's a good bill and for those foster parents that are irresponsible, my goodness sakes, we hope that they quit being foster parents. We don't want anybody to be irresponsible around children with firearms.

SENATOR JOSE RODRIGUEZ: Well, the problem is that you have parents, foster parents and regular parents, not foster parents, how many times have you seen them leave their kids in the car as they go into do a little bit of hopping at 7/11 and come back out again? How many times do we see parents doing that and just recently did you not read in the newspaper yet another unfortunate and tragic incident of a child left in the vehicle and died because of the temperature outside?

SENATOR CRAIG ESTES: Because of heat, yes. That's a terrible problem.

SENATOR JOSE RODRIGUEZ: Well, and that's my point. You see that obviously that parent -- I can't imagine that any parent would have done that to their child. I am sure the parent didn't even think about it but if you had the tragic accident of a child dying because they were left alone in the heat and they suffocated. Now, I can imagine many instances as Senator Uresti's pointing out where a foster parent is getting careless, you know, has nothing to do with their 2nd Amendment rights. But having the concealed gun in the vehicle, knowing many times that children are left alone in the vehicle exposes those children, Senator, to the unfortunate situations where a tragic accident could occur, so I think that's what we're talking about --

SENATOR CRAIG ESTES: First of all, if I may, you say many times children are left alone in vehicles, I don't want that to happen whether they're a concealed carry foster parent or not, none of us do. And all of us know -- common sense knows that to leave a child in a vehicle is a very dangerous situation. Well, I understand that. And just one last observation, you were talking about how the law already prohibits parents from -- or individuals from leaving the guns out in the open where children can get to them but the law right now it's a crime, in fact, to leave a child in a vehicle, you get charged for manslaughter or worse. But it happens, it happens every summer.

SENATOR CRAIG ESTES: And we wish that none of the laws we ever passed were ever broken but that's true and the law does address that, it does address the illegality of making a weapon available to a minor, it does address the illegality of leaving a child in a car unattended. So I don't think this bill really does anything to affect any of that. I think it just helps foster parents who are doing wonderful work to make sure their 2nd Amendment rights are not abridged.

SENATOR JOSE RODRIGUEZ: Well, thank you. I appreciate your response.

SENATOR CRAIG ESTES: Thank you, Senator, for those questions. I really appreciate it.

SENATOR JOSE RODRIGUEZ: Thank you, Mr. President.

SENATOR KEVIN ELTIFE: Thank you, Senator Rodriguez. Members, Senator Estes moves adoption of the conference committee report on House Bill 2560. The secretary will call the roll.

SENATOR KEVIN ELTIFE: Twenty-three ayes, six nays, conference committee report House Bill 2960 is adopted. Thank you, Senator Estes. The Chair recognizes Senator Watson on conference committee report to House Bill 2729.

SENATOR KIRK WATSON: Thank you, Mr. President. I move to adopt the conference committee report on House Bill 2729. This is a bill the Senate passed unanimously expanding public private partnership provisions in the local government code to help deliver infrastructure projects. The conference committee has signed off on the bill as it was passed out of the Senate economic development committee but without the floor amendment that's identical to SB1048 by Senator Jackson that also passed. I move for the adoption of the conference committee report on House bill 2729.

SENATOR KEVIN ELTIFE: Senator Watson moves adoption of conference committee report on House Bill 2729. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, the conference committee report on House Bill 2729 is adopted. Thank you, Senator Watson. The Chair recognizes Senator Seliger for a motion on the conference committee report on SB313.

SENATOR KEL SELIGER: Thank you, Mr. President. I move to adopt the conference committee report on Senate Bill 313. Essentially the House amendments ought to clarify the priority groundwater management area process by allowing for voters to make an actual choice about ground water management and how it is funding. The amendment restructures the process and after a two year period the TCEQ will make recommendations and the vote is taken to voters for how they want to finance this management. This allows for groundwater management to take place and for it to be funded properly. I move adoption.

SENATOR KEVIN ELTIFE: Senator Seliger moves adoption of conference committee report on SB33. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, the conference committee report on SB313 is adopted. Thank you, Senator Seliger.

SENATOR KEL SELIGER: Thank you, Mr. President.

SENATOR KEVIN ELTIFE: Chair lays out the following resolution, secretary will read the resolution.

PATSY SPAW: Senate Resolution 1212 by Huffman suspending limitations on conference committee jurisdiction on House Bill No. 2694.

SENATOR KEVIN ELTIFE: Chair recognizes Senator Huffman to explain the resolution.

SENATOR JOAN HUFFMAN: Thank you, Mr. President. Members, Senate Resolution 1212 is the outside the bounds resolution for the conference committee on House Bill 2694 which was -- is the TCEQ sunset bill. Specifically the conference committee needed to consider and take action on one particular issue and that is the water regulatory assessment fee. Sunset's recommendations to the legislature raised the fee and would have amounted to a disproportionate fee increase of water supply in local water districts. SR1212 enables the conference committee on House Bill 2694 to maintain the water regulatory assessment fee at the current statutory levels. I move adoption.

SENATOR KEVIN ELTIFE: Members, the question is on the adoption of the resolution. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, the resolution is adopted. The Chair recognizes Senator Huffman on a motion on the conference committee report on House Bill 2694.

SENATOR JOAN HUFFMAN: Thank you, Mr. President and members. This is the conference committee report to the TCEQ sunset bill. Before I explain the decisions made by the conference committee, I would like to thank my conferees for their hard work on this bill and members and staff did a lot of work on this. Also thank Senator Watson for his valuable input and willingness to help me on this bill. The conference committee removed some language added by the House including provisions related to the burden of proof and Kentucky case hearings that we discussed when we debated this on the Senate floor. The conference committee report also removes language that increase the water regulatory water supply rate in districts and instead maintains the rate levels as they are in current law for which we have the outside the bounds resolution. We also reached compromises on several issues including provisions on the bill related to safety regulations, compliance history, and TCEQ public participation processes. I move adoption of the conference committee report to House Bill 2694.

SENATOR KEVIN ELTIFE: Senator Watson, for what purpose?

SENATOR KIRK WATSON: Question of Senator Huffman.

SENATOR KEVIN ELTIFE: Senator Huffman yield?

SENATOR JOAN HUFFMAN: I yield.

SENATOR KIRK WATSON: Thank you very much, Senator Huffman. And members will probably remember that we had a rather lengthy dialogue before this bill passed and we talked about a number of things including some amendments that had been done in the House, what that did for contested case hearings and burden of proof and things like that. And I want to thank you for having assured those kinds of things that lived up to the dialogue that we had talked about, so thank you for that. As you know there was one aspect in all of this that was with regard to permit modification for the purposes of enabling max controls on power plants and I negotiated with industry and others and we came up with something that has now been agreed to and it's part of this bill, right?

SENATOR JOAN HUFFMAN: That's correct.

SENATOR KIRK WATSON: So I appreciate you giving the time to make sure we're able to do that and I think we came up with something that works very well. I want to make sure for one purpose of legislative intent thought that we're clear on something. On page 33 lines four through 15, it outlines a process for resolving any legitimate issues of material fact regarding whether the choice of technology approved in a draft permit is maximum achievable control technology and allows a party to request a contested case hearing on that issue and says the commission should conduct the hearing and that's the -- that's what we negotiated with the industry. It's my understanding from talking to representatives in the industry the commission doesn't have an administrative law judge and the way it would work would be for TCEQ to refer the case to an ALJ, an administrative law judge, or have an ALJ come to the commission to conduct the contested case hearing and this would not be a contested case hearing where the executive director of the TCEQ would stand as the presiding officer.

SENATOR JOAN HUFFMAN: I understand it as you do, Senator Watson, that's correct. That's my intent.

SENATOR KIRK WATSON: Thank you very much, Senator Huffman. Mr. President, I would move the questions for legislative that the conversations between Senator Huffman and I on this negotiated item be reduced to writing and placed in the journal.

SENATOR KEVIN ELTIFE: Members, you've heard the motion by Senator Watson, Is there objection? Chair hears none, so ordered.

SENATOR KIRK WATSON: And again I would like to say to Senator Huffman, I appreciate you letting me be involved in the negotiations of this. Thank you.

SENATOR JOAN HUFFMAN: Thank you, Senator.

SENATOR KEVIN ELTIFE: Senator Huffman has moved adoption of conference committee report on House Bill 2694. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, no nays, the conference committee report on House Bill 2694 is adopted. Thank you, Senator Huffman.

SENATOR JOAN HUFFMAN: Thank you, Mr. President.

SENATOR KEVIN ELTIFE: The Chair lays out the following resolution. Secretary would please read the resolution.

PATSY SPAW: Senate Resolution 1219 by Nichols suspending limitations on conference committee jurisdiction on House Bill 1112.

SENATOR KEVIN ELTIFE: The Chair recognizes Senator Nichols to explain the resolution.

SENATOR ROBERT NICHOLS: Mr. President and members, this relates to the RMA cleanup bill. The resolution there was an amendment added on the House side related to El Paso, the El Paso RMA, the House version was not the same as the Senate obviously. In the process of the resolution, we got the delegations from El Paso from the House and Senate together. They resolved it, it had to do with city council appointment it had to do with two-thirds. Accordingly, I move adoption of the resolution 1219.

SENATOR KEVIN ELTIFE: Members, the question is on the adoption of the resolution. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, the resolution is adopted. The Chair recognizes Senator Nichols for a motion on the conference committee report on House Bill 1112.

SENATOR ROBERT NICHOLS: Mr. President and members, the conference committee report on House Bill 1112 is the RMA cleanup bill as I mentioned. The conference committee added language specific to the El Paso RMA that we use talked about on the resolution. It's agreeable to the El Paso delegation, so I move passage of the conference committee report on House Bill 1112.

SENATOR KEVIN ELTIFE: Senator Nichols moves adoption on the House committee report on 1112. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, no nays, the resolution is adopted. Thank you, Senator Nichols.

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

SENATOR KEVIN ELTIFE: The Chair recognizes Senator Hegar for a motion on the conference committee report on SB647.

SENATOR GLENN HEGAR: Thank you, Mr. President and members. On the conference committee report the House had added in one provision, this is the OPIC bill, the Office of Public Insurance Council, and the House had added one provision that simply expanded the duties of the Office of Public Insurance Council, to focus on interest of insurers and insurance agents and we didn't think that was appropriate, so the conference committee report removed that provision and I would move to adopt the conference committee to report on Senate Bill 647.

SENATOR KEVIN ELTIFE: Senator Hegar moves to adopt the conference committee report on House Bill 647. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, conference committee report on SB647 is adopted. Thank you, Senator Hegar. The Chair recognizes Senator Huffman on a motion on the conference committee report on SB377.

SENATOR JOAN HUFFMAN: Thank you, Mr. President. Members, I move that the Senate adopt the conference committee report on Senate Bill 377. This bill went to conference because the House attached an unacceptable amendment that would have created an entirely new capital offense that was not properly bedded through the full legislative process. That amendment was removed and I now move adoption of the conference committee report to Senate Bill 377.

SENATOR KEVIN ELTIFE: Senator Huffman moves adoption of the conference committee report on SB377. The secretary will call the roll.

SENATOR KEVIN ELTIFE: Twenty-nine ayes, two nays, conference committee report on SB377 is adopted. Thank you, Senator Huffman.

SENATOR JOAN HUFFMAN: Thank you, Mr. President.

SENATOR KEVIN ELTIFE: The Chair recognizes Senator Zaffirini for a motion on the conference committee report on House Bill 3577.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. Mr. President and members, I move that the Senate adopt the conference committee report to House Bill 3577 which relates to priority consideration and eligibility for Texas education opportunity grants, Texas grants and other state financial aid. We had added an amendment that was the equivalent of my Senate Bill 851 which established a uniform state financial aid deadline. The House decided that it was not germane, so we went to conference to remove it. Accordingly I move that we adopt the conference committee report for House Bill 3577.

SENATOR KEVIN ELTIFE: Senator Zaffirini moves adoption of conference committee report of House Bill 3577. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, no nays, the conference committee report on House Bill 3577 is adopted. Thank you, Senator Zaffirini.

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

SENATOR KEVIN ELTIFE: The Chair recognizes Senator Nelson for a motion to concur in House amendments to SB81.

SENATOR JANE NELSON: Thank you, Mr. Chairman. Senate bill 81 ensures that our food supply is safe by closing a licensing exemption for entities that wash, ship or package whole produce. This bill unanimously passed the Senate, was amended in the House, the amendments are consistent with the intent of this bill and I move the Senate concur with those amendments.

SENATOR KEVIN ELTIFE: Senator Nelson moves that the Senate concur in House amendments to SB81. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, the motion is adopted. Thank you, Senator Nelson.

SENATOR JANE NELSON: Thank you, Mr. President.

SENATOR KEVIN ELTIFE: Senator Nelson is recognized for a motion to concur in House amendments to SB233.

SENATOR JANE NELSON: Thank you, Mr. President. I move that the Senate concur with the House amendments to Senate Bill 223 which improves the state's oversight of long-term care providers and our ability to identify fraud and prevent bad actors from receiving taxpayer dollars that should be used to provide health care for our neediest citizens. This bill passed the House unanimously but the amendment eliminates redundant reporting requirements of the attorney general's office. I move that the Senate concur with House amendments to Senate Bill 223.

SENATOR KEVIN ELTIFE: Senator Nelson moves that the Senate concur in House amendments to Senate Bill 223. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, the motion is adopted. Thank you, Senator Nelson.

SENATOR JANE NELSON: Thank you, sir.

SENATOR KEVIN ELTIFE: Members, just a reminder that we have one more panoramic picture that needs to be signed by all the members, it's up in the right front part of chamber when you have time. Thank you. The Chair recognizes Senator Deuell for a motion on the conference committee on House Bill 2048.

SENATOR BOB DEUELL: Thank you, Mr. President, members. House Bill 2048 is the bill we passed dealing with local governments and their ability to audit hotel occupancy taxes. I added an amendment on the floor that dealt with hotel occupancy tax authority that dealt with the city of Greenville and there was a question regarding the germaneness of that amendment. We passed the standalone bill, so we took that off. So I move adoption of the conference committee report for House Bill 2048.

SENATOR KEVIN ELTIFE: Senator Deuell moves adoption of the conference committee report on House Bill 2048. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, conference committee on House Bill 2048 is adopted. Thank you, Senator Deuell.

SENATOR BOB DEUELL: Thank you.

SENATOR KEVIN ELTIFE: The Chair recognizes Senator Hegar for a conference committee report on House Bill 1951.

SENATOR GLENN HEGAR: Thank you, Mr. President and members. House Bill 1951 is the Texas Department of Insurance sunset bill. The conference committee adopted, the bill passed by the Senate a couple of weeks ago. The bill we passed a couple of weeks ago, amendments -- we adopted it with amendments added by Senator Ellis and Senator Van de Putte, so the version that is back before you with those two amendments, we removed two provisions that were related to an earlier sunset date and interest payments and then on the House side we took out pretty much all the House amendments with the exception of a few amendments. One, require health insurers to provide notice to consumers when they plan an increase in premiums, prohibit insurers from reporting a consumer to a claims database unless the consumer actually files a claim. Also clarify what information in a rate filing is public information, create an independent adjuster advisory board, prohibit health insurers from placing certain restrictions on therapeutic optometrists and ophthalmologists and codifying training requirements for residential fire alarm technicians. And if there's no questions, I would move to adopt the conference committee report on House Bill 1951.

SENATOR KEVIN ELTIFE: Senator Watson for what purpose?

SENATOR KIRK WATSON: Just a couple of questions.

SENATOR GLENN HEGAR: Yes, please. Happy to.

SENATOR KIRK WATSON: Thank you very much, Senator, and I appreciate all the hard work you've put into it --

SENATOR GLENN HEGAR: And I appreciate you very much working with me for the last four years.

SENATOR KIRK WATSON: It's been a long time, yeah. I just wanted to ask a couple of questions.

SENATOR GLENN HEGAR: Please.

SENATOR KIRK WATSON: R many about what might not have made here.

SENATOR GLENN HEGAR: Yes, sir. Yes, sir.

SENATOR KIRK WATSON: Because I want to be sure I'm clear. And one of the things that we negotiated, you and I negotiated last session and then we -- it was kept in the Senate version this session was the payment of interest on refund payment.

SENATOR GLENN HEGAR: Yes, sir.

SENATOR KIRK WATSON: So that if a personal property casualty insurer filed a rate that TDI found to be excessive or unfairly discriminatory that when there was a refund, that there was a charge of interest. And last session when we first created this, we even had it where that if the new rate was accepted it'd be only 6 percent, but if it could be the premium plus 18 percent, there was different ways we worked on it. That all came out; is that correct?

SENATOR GLENN HEGAR: Yes, sir. That is correct on -- that provision did come out and I was -- we didn't get to visit about this much earlier today. In the negotiations with the House, there were several amendments that Senate members felt pretty strongly against -- House amendments, Senator Davis and others and I tried to make sure that no matter what we took all of those out, which we did. So in doing that, that put me in a position, the House felt strongly about taking this provision out. And so therefore I lost this provision in return of getting all of their amendments off. Yes, sir --

SENATOR KIRK WATSON: So now if an insurer files -- if there's a rate charged that is ultimately found to be excessive or unfairly discriminatory, that interest rate would not be paid on a refund.

SENATOR GLENN HEGAR: Under current law if there is accepted portion of a premium, if that portion is at least 7.5 percent of the total premium, that is a refund directly under current law. If there is an excessive portion of premium if that portion is less than 7.5 percent of the total premium, then that would be a discount then on the interest payment --

SENATOR KIRK WATSON: That's really the key part is the interest payment.

SENATOR GLENN HEGAR: Yes, sir. And then on the interest, interest is added to a refund or a discount whether you're above the 7.5 or below the 7.5, it is the lesser of 18 percent or the sum of 6 percent plus prime and so therefore the language that you and I had worked at, what we were trying to put an incentive in there, that if a rate was ultimately --

SENATOR KIRK WATSON: We were trying to create an incentive so you wouldn't do unfair discrimination or charge (inaudible) give us a break.

SENATOR GLENN HEGAR: You would try -- because of the 18 percent hammer, the way the trigger worked, you were trying to incentivize people to stop and not go further. And under current law, there's a hammer but there's not necessarily that incentive to stop, if that makes sense.

SENATOR KIRK WATSON: No, it does make sense because what we had negotiated and agreed to for two sessions now was the idea that we didn't feel like current law went far enough in persuading an insurer from charging an unfairly discriminatory or excessive rate and those provisions now are not going to be in it.

SENATOR GLENN HEGAR: Yes, sir. The carrot per se, I think the current law and the way we had worked the language, the hammer was there but the carrot which is the trigger of the 6 percent plus or the percent that carrot is not in the version.

SENATOR KIRK WATSON: Thank you, Mr. President.

SENATOR GLENN HEGAR: But thank you for all your work, Senator, I appreciate it so much.

SENATOR KEVIN ELTIFE: Thank you, Senator Watson. Senator Hegar moves adoption of conference committee report on House Bill 1961. The secretary will call the roll.

SENATOR KEVIN ELTIFE: Thirty ayes, one nay, conference committee report on House Bill 1961 is adopted. Thank you, Senator Hegar.

SENATOR GLENN HEGAR: Thank you.

SENATOR KEVIN ELTIFE: The Chair recognizes Senator Huffman for a motion on conference committee report on Senate bill 156.

SENATOR JOAN HUFFMAN: Thank you, Mr. President. The House added two amendments one of which was unacceptable and after hearing concerns from stakeholders and other senators, the conference committee report eliminates the House amendment that exempted ambulatory surgery centers from collecting or reporting important patient discharge data to DIHS or HHSC. The conference committee report keeps an amendment by Representative Fletcher that continues the Texas Leading Disorder Advisory Council rather than letting it be sunsetted. So I move that the Senate adopt the conference committee report to Senate Bill 156 which is the DSHS data sharing bill.

SENATOR KEVIN ELTIFE: Senator Huffman moves adoption of conference committee report on Senate Bill 156. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, no nays, conference committee report on SB156 is adopted thank you, Senator Huffman.

SENATOR JOAN HUFFMAN: Thank you, Mr. President.

SENATOR KEVIN ELTIFE: The Chair recognizes Senator Whitmire for a motion to grant the House's request for appointment of a conference committee on House Bill 3459.

SENATOR JOHN WHITMIRE: I so move.

SENATOR KEVIN ELTIFE: Senator Whitmire moves that the Senate grant the request of the House on conference committee on House Bill 3459. Is there objection? Chair hears none, any motions to instruct? Hearing none, the following conferees.

PATSY SPAW: Conference committee on House Bill 3459 Senator Whitmire, Chair, members, Senator Hinojosa, Senator Ogden, Senator Hegar, Senator Carona.

SENATOR KEVIN ELTIFE: The Chair recognizes Senator Wentworth for a motion to grant the House's request for a conference committee on House Bill 2327.

SENATOR JEFF WENTWORTH: Thank you, Mr. President. I move to move that the Senate grant the request of the House for a conference committee on House Bill 2327.

SENATOR KEVIN ELTIFE: Members, Senator Wentworth moves that the Senate grant the request of the House for appointment of a conference committee on House Bill 2327. Is there objection? Chair hears none. Are there any motions to instruct? Hearing none, the following conferees.

PATSY SPAW: Conference committee on House Bill 2327 Senator Wentworth, char, members, Senator Harris, Senator Nichols, Senator Eltife, Senator Rodriguez.

SENATOR KEVIN ELTIFE: The Chair recognizes Senator Hegar for a motion to grant the House's request for appointment of a conference committee on House Bill 242.

SENATOR GLENN HEGAR: Thank you, Mr. President and members. I ask to grant the House request for appointment of a conference committee on House Bill 242.

SENATOR KEVIN ELTIFE: Senator Hegar moves that the Senate grant the request of the House for appointment of a conference committee on House Bill 242. Is there objection? Chair hears none, are there any motions to instruct? Hearing none, the following conferees.

PATSY SPAW: Conference committee on House Bill 242 Senator Hegar, Chair, members, Senator Ogden, Senator Williams, Senator Whitmire, Senator Harris.

SENATOR KEVIN ELTIFE: Chair recognizes Senator Whitmire for a motion.

SENATOR JOHN WHITMIRE: Thank you, Mr. President and members. I would move that the Senate recess until 4:30 and ask members for a caucus at this time.

SENATOR KEVIN ELTIFE: Members, you heard the motion by Senator Whitmire that the Senate stand in recess until 4:30. Is there objection? Chair hears none, so ordered. Members, we're going to caucus in the Betty King room. Thank you.

(recess.)

SENATOR STEVE OGDEN: The Senate will come to order. Mr. Doorkeeper.

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

SENATOR STEVE OGDEN: Admit the messenger.

MESSENGER: Thank you, Mr. President. Mr. President, I am directed by the House to inform the Senate that the House has taken the following action, the House has adopted the following conference committee report, HB200, HB871, HB1732, HB2499 --

SENATOR STEVE OGDEN: Thank you. Chair recognizes Senator Eltife for a motion on conference committee report to Senate bill 1338.

SENATOR KEVIN ELTIFE: Why thank you, Mr. President and members. I move to adopt conference committee report for Senate bill and 1338 which deals with the powers and duties of the state preservation board. The only thing different in this bill that when left here was we removed the authorization for the governor, lieutenant governor, speaker to appoint a designee to vote on behalf of their meetings other than that the bill is the same as it was and I move adoption of the conference committee report.

SENATOR STEVE OGDEN: Senator Eltife moves adoption of the conference committee report on Senate bill 1338. The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays, the conference committee report on Senate bill 1338 is adopted.

SENATOR KEVIN ELTIFE: Thank you Mr. President and thank you members.

SENATOR STEVE OGDEN: Chair recognizes Senator Williams for a motion on conference committee report to Senate Bill 158.

SENATOR TOMMY WILLIAMS: Thank you, Mr. President and members. The conference committee report on Senate Bill 158 deals with combating prescription drug abuse and pill mills. The section related to employee diversions was added by Representative Deshotel and is identical to Senate Bill 159 which passed the Senate 31 to nothing. The section related to the organized crime statute was added by Representative Walle. Under current law, law enforcement can't treat pill mill schemes as an organized criminal activity, this changes that. And then there was language added by the House by Representative Doc Anderson that would have made the sale or delivery of salvia punishable by a class C misdemeanor and this amendment was removed because it was not germane to the bill. Mr. President, I move and members, I move to adopt the conference committee report to Senate Bill 158.

SENATOR STEVE OGDEN: : The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays, the conference committee report on Senate Bill 158 is adopted. The Chair recognizes Senator Watson for a motion on conference committee report on Senate Bill 1331.

SENATOR KIRK WATSON: Thank you, Mr. President. I -- I move that we adopt the conference committee report, the change that was made was a change that had been discussed in the legislation, this is the 911 lifeline legislation that gives a minor an opportunity to call 911 if a fellow minor in trouble due to alcohol poisoning. To prosecute -- we worked out some language with the prosecutors to make it a more clear statement of what needed to happen and how immunity would be created, so I move we adopt the conference committee report on 1331.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays, the conference committee report on Senate Bill 1331 is adopted. The Chair lays out the following resolution. Secretary will read the resolution.

PATSY SPAW: Senator Resolution 1218 by Nichols suspending limitation from conference committee jurisdiction on House Bill 2499.

SENATOR STEVE OGDEN: Chair recognizes Senator Nichols to explain the resolution.

SENATOR ROBERT NICHOLS: Thank you, Mr. President and members. This is an outside the bounds resolution for the DIR sunset bill. House Bill 2499. The resolution simply requires the sunset advisory commission to review the transfer of information and communication technology procurement program from DIR to the comptroller's office. Commission would be required to present the finding of the report to the 84th legislature. It also requires a comptroller to issue an update of I think six months into the program and then annually into the program of those reports, it does not set up a sunset date of the program, it sets up a formal review of the transfer of success. Mr. President and members, I move adoption.

SENATOR STEVE OGDEN: All right. The question is on the adoption of the out of bounds resolution for Senator Resolution 1218. The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays, the resolution is adopted. Chair recognizes Senator Nichols for a motion on the conference committee report for House Bill 2499.

SENATOR ROBERT NICHOLS: Mr. President and members, the conference committee on House Bill 2499, the DIR sunset committee, has reached an agreement. Conference committee report is the same as the bill we passed in the Senate except that it takes on -- takes out my amendment to exempt the judiciary from Texas.gov because that amendment also created a fiscal note. It also includes the review language we just approved in the out of bounds resolution. I move adoption.

SENATOR STEVE OGDEN: Senator Nelson moves adoption of the conference committee report on House Bill 2499. The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays, the conference committee report on House Bill 2499 is adopted.

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

SENATOR STEVE OGDEN: The Chair recognizes Senator Davis for a motion on the conference committee report for House Bill 1286.

SENATOR WENDY DAVIS: Thank you, Mr. President and members. House Bill 1286 was a UIL bill, a couple of members in the Senate added standalone bills to this dealing with UIL rules and regulations. One of those was Senator Patrick's amendment that would have allowed private schools to participate in the UIL. The House parliamentarian ruled those amendments not to be germane and so I'm asking that we confer with the amendments -- excuse me, we confer with the report -- the conference committee report which stripped out the two amendments. I move adoption.

SENATOR STEVE OGDEN: All right. Senator Davis moves adoption of the conference committee report on House Bill 1286. The secretary will call the roll.

SENATOR STEVE OGDEN: There being 30 ayes and one nay, conference committee report is adopted. Chair recognizes Senator Carona for a motion on Senate Bill 747.

SENATOR JOHN CARONA: Thank you, Mr. President and members. The conference committee report to Senate Bill 747 simply removes the language of Senate Bill 1000 which was necessary we felt simply because that bill had passed on its own, we didn't want there to be any confusion created by putting the two together. I move that we adopt the conference committee report to Senate Bill 747.

SENATOR STEVE OGDEN: Senator Carona moves adoption of the conference committee report of Senate Bill 747. The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays, the conference committee report on Senate Bill 747 is adopted. Thank you, Senator. Chair recognizes Senator Williams for a motion on the conference committee report on House Bill 2734.

SENATOR TOMMY WILLIAMS: Thank you, Mr. President, members. I'm going to move to adopt the conference committee report for 2734. This report strips out the amendment added by this body that would have required the use of secured communities for all persons arrested in Texas and returns the bill to its original House language. I move to adopt the conference committee report.

SENATOR STEVE OGDEN: Senator Williams moves adoption of the conference committee report on House Bill 2734. The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays, the conference committee report on House Bill 2734 is adopted. Chair recognizes Senator Birdwell for a motion on the conference committee report to House Bill 1178.

SENATOR BRIAN BIRDWELL: Thank you, Mr. President, thank you members. Members, House Bill 1178 is the exact same bill we unanimously voted off the floor on May 23rd. The House decided to keep a section of the bill that the Senate added which creates a specialty license plate for women veterans. Mr. President, I move adoption for conference committee report for HB1178.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays, the conference committee report on House Bill 1178 is adopted.

SENATOR BRIAN BIRDWELL: Thank you, Mr. President. Thank you, members.

SENATOR STEVE OGDEN: The Chair lays out the following resolution. Secretary will read the resolution.

PATSY SPAW: Senator Resolution 1246 by Hinojosa suspending limitations on conference committee jurisdiction on Senate Bill 1420.

SENATOR STEVE OGDEN: Chair recognizes Senator Hinojosa to explain the resolution.

SENATOR JUAN HINOJOSA: Thank you, Mr. President and members. This resolution is to go outside the bounds under TxDOT sunset bill. Conference committee report to remove provisions in the House version of the bill, it created an independent office inspector general and replaced them with provision to simply establish a compliance program at the department. It also clarifies provisions related to county, transportation reinvestment (inaudible) s to conform to provisions of House Bill 563 by Representative Pickett. It has already passed to be sent to the governor. It also clarifies provisions relating to the oversight and functions to clearly define which functions the executive director of TxDOT retains and adds traditional language for transportation project for Texas. I would move adoption.

SENATOR STEVE OGDEN: Senator Hinojosa moves adoption of Senator Resolution 1246. The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays, Senator Resolution 1246 is adopted. The Chair recognizes Senator Hinojosa for a motion on the conference committee report for Senate Bill 1420.

SENATOR JUAN HINOJOSA: Thank you, Mr. President and members. I move adoption of conference committee report on Senate Bill 1420. Let me just explain some of the differences that we were able to agree on with the House. What we did, we maintained the current five member governor appointed transportation commission. We also clarified that we had to have a commissioner representative of rural area, define that, we also had -- we strengthened the TxDOT internal control to improve transparency by establishing compliance program. Also requiring that the chief financial officer be conducted in a transparent and reliable manner. We also put stronger language in it to strengthen lobby prohibitions by TxDOT and we also required TxDOT to complete a detailed independent financial audit prior to each of the future sunset reviews so we know what they're doing. And we also get a call -- we were very specific with SDAs and what we did with that was we pretty much stuck to those that were stuck in the House and we added them under the sunset bill. And with that, Mr. President, I would move adoption.

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

SENATOR TOMMY WILLIAMS: Question of the author for purposes of establishing legislative intent.

SENATOR STEVE OGDEN: You're recognized.

SENATOR TOMMY WILLIAMS: Senator Hinojosa, State Highway 288 and U.S. 90 Hempsted are included in the projects to be developed by a comprehensive development agreement, the counties involved are Harris and Brazoria county, they have promisee rights to develop these projects under existing law but it is the intent that if the counties want to waive their promisee development rights or development the project under existing law, that these projects could be developed by TxDOT, would that be the intent of this legislation?

SENATOR JUAN HINOJOSA: Yes, Senator, 1420 adds section 223.201 F6 and seven to the transportation code authorizing TxDOT to enter into a comprehensive development agreement for those projects. Those projects are also included in Section 228.011A transportation code meaning that a county acting under chapter 284 transportation code has primary responsibility for financing, construction and operation of those projects. The addition of those projects in this bill is intended to provide TxDOT with a procurement option in the event that the counties waive their promisee development rights or decline to develop the projects under existing (inaudible) in the counties, waive or decline to develop the projects, then TxDOT would have the opportunity to enter into a contract to develop the projects and that is for legislative intent.

SENATOR TOMMY WILLIAMS: Thank you, Senator Hinojosa. Mr. President, I would further move that the exchange between Senator Hinojosa and I be reduced into writing and included in the journal for purposes of legislative intent.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, so ordered.

SENATOR JUAN HINOJOSA: I move adoption of the conference committee.

SENATOR STEVE OGDEN: Senator Hinojosa moves adoption of the conference committee report on Senate Bill 1420. The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays, the conference committee report is adopted.

SENATOR JUAN HINOJOSA: Thank you, Mr. President.

SENATOR STEVE OGDEN: Chair lays out the following resolution. Secretary will read the resolution.

PATSY SPAW: Senate Resolution 1240 by Hegar suspending limitations on conference committee jurisdiction on Senate Bill 652.

SENATOR STEVE OGDEN: : Senator Hegar is recognized to explain the resolution.

SENATOR GLENN HEGAR: Thank you, Mr. President and members. This is the outside of the bounds resolution for the sunset schedule bill of Senate Bill 652. The conference -- the outside the bounds resolution allows the committee to continue the Railroad Commission and Public Utility Commissions for two years in the scheduled bill, since those sunset bills have not passed the cycle. Also to continue the office of public utility council for 12 years, provide for the review of ERCOT whenever PUC is reviewed except for in the next two years. Also set a review for the Port of Houston with HB2770 that passed the Senate earlier this week and then set a sunset review schedule for the regional education service centers in 2015. And I would move adoption of SR No. 1240.

SENATOR STEVE OGDEN: Question is on the adoption of Senator Resolution 1240, permitting the conference committee to go outside the bounds on Senate Bill 652. The secretary will call the roll.

SENATOR STEVE OGDEN: There being 31 ayes, zero nays, the resolution is adopted. The Chair recognizes Senator Hegar for a motion on the conference committee report for Senate Bill 652.

SENATOR GLENN HEGAR: Thank you, Mr. President and members. I would move that we adopt the conference committee report on Senate Bill 652 which is the sunset review schedule for 2013, 2015 and the out years as well.

SENATOR STEVE OGDEN: Senator Hegar moves the adoption of the conference committee report on Senate Bill 652. The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays, conference committee report is adopted. The Chair recognizes Senator Hegar for a motion on the conference committee report on Senate Bill 1134.

SENATOR GLENN HEGAR: Thank you, Mr. President and members. 1134, the House added a few amendments, and anyway we removed some -- two of the amendments. However one of them we left on that dealt with an aggregation issue and we left it at a quarter of a mile. And so therefore I would move that we adopt the conference committee report on Senate Bill 1134.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: Twenty-eight ayes and three nays, the conference committee report for Senate Bill 1134 is adopted. The Chair recognizes Senator Hegar -- well, I need to lay it out first. The Chair lays out the following resolution. Secretary will read the resolution.

PATSY SPAW: Senator Resolution 1231 by Hegar suspending limitations on conference committee jurisdiction on House Bill 1517.

SENATOR STEVE OGDEN: Senator Hegar, you're recognized to explain the motion.

SENATOR GLENN HEGAR: Thank you, Mr. President and members. SR1231 allows the conference committee to go outside the bounds to put a sunset date on House Bill 1517 and I would move adoption of SR1231.

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

SENATOR MIKE JACKSON: Will the gentleman yield?

SENATOR GLENN HEGAR: Gladly.

SENATOR MIKE JACKSON: I would just like for you to explain what is House Bill 1517.

SENATOR GLENN HEGAR: House Bill 1517 which deals with Martindale, which you and I had a significant amount of discussion on several nights ago, and also had an amendment put on by Senator Lucio dealing with Claybur county, and so we're putting a sunset on the bill.

SENATOR MIKE JACKSON: That's Martindale. Okay.

SENATOR GLENN HEGAR: Yes, thank you, Senator.

SENATOR STEVE OGDEN: The question is on the adoption of Senate Resolution 1231 permitting the conference committee to go outside the bounds on House Bill 151. The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays, the resolution is adopted. The Chair recognizes Senator Hegar for a motion on the conference committee report House Bill 1517.

SENATOR GLENN HEGAR: Thank you, Mr. President and members. The conference committee report is the adoption for the outside the bounds expiration of a ten year sunset date on the city of Martindale issue on House Bill 1517 as well as Senator Lucio had an amendment that dealt with Claybur county and we needed to make technical changes to make sure it applied specifically to Claybur county and not several other counties in the state of Texas. And therefore I would move adoption of the conference committee report on House Bill 1517.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: 31 ayes, zero nays, the conference committee report on House Bill 1517 is adopted. The Chair recognizes Senator Wentworth for a motion on conference committee report on Senate Bill 958.

SENATOR JEFF WENTWORTH: Thank you, Mr. President and members. As you recall, Senate Bill 958 amends the health and safety code to specifically define wildlife sanctuaries and provide lifetime exemption for wildlife -- the House added five amendments, some of which were not congruent with the intended purpose of the bill. The conference committee report retains the following changes that the House made. No. 1, an exemption for organizations accredited by the Zoological Association of America; No. 2 an exemption for wildlife sanctuaries accredited by the Sanctuary Association before May 1st, 2011; and third applicability related to municipal ordinances that restrict the ability to train, search and rescue service dogs. I move adoption of the conference committee report on Senate Bill 958.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: Thirty ayes and one nay, the conference committee report on Senate Bill 958 is adopted.

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

SENATOR STEVE OGDEN: The Chair recognizes Senator Zaffirini for a motion on conference committee report on Senate Bill 773.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. Mr. President and members, I move that the Senate adopt the conference committee report to Senate Bill 773 which relates to telecommunications service discounts for educational institution, libraries, hospitals and telemedicine centers. The conference committee report removes an unrelated not germane amendment added in the House regarding state agencies selling advertising space on their websites. Accordingly, I move to adopt the conference committee report to remove the amendment.

SENATOR STEVE OGDEN: Senator Zaffirini moves to adopt the conference committee report on Senate Bill 773. The secretary will call the roll.

SENATOR STEVE OGDEN: There being 30 ayes and one nay, the conference committee report for Senate Bill 773 is adopted.

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

SENATOR STEVE OGDEN: Chair recognizes Senator Fraser for a motion to grant the House's request for appointment of a conference committee on House Bill 3328.

SENATOR TROY FRASER: And Mr. President, I now move to grant a conference committee request for House Bill 3328, this is the fracking bill and I would like to send it to conference.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, so ordered. Are there motions to instruct? The following conferees.

PATSY SPAW: Conference committee on House Bill 3328 Senator Fraser, Chair, members, Senator Nelson, Senator Hegar, Senator Hinojosa, and Senator Eltife.

SENATOR STEVE OGDEN: Chair recognizes Senator Davis.

SENATOR WENDY DAVIS: I'm sorry, Mr. President I missed the motion to instruct opportunity because it went by so fast. Is it procedurally incorrect for me to ask for that in would it be procedurally correct for me to ask for a motion to reconsider? The Chair recognizes Senator Jackson for a motion to grant the House's request for appointment of a conference committee on House Bill 628. Senator Jackson, can I back up? Chair recognizes Senator Jackson for a motion on conference committee report to House Bill 628.

SENATOR MIKE JACKSON: Thank you, Mr. President. House Bill 628 consolidates a current procurement statutes as they relate to counties, cities and school districts and other governmental entities. We added five amendments in the Senate in the conference committee report. Two amendments were removed that were not germane. Those were my amendments that allowed school districts to use interlocal agreements for roofing services and the Carona amendment which required the industrialized housing board to conduct a study on the approval of building methods for portable construction. So the bill remains the same with the absence of those two amendments and I move that we adopt the conference committee on House Bill 628.

SENATOR STEVE OGDEN: The secretary will call the roll.

SENATOR STEVE OGDEN: Being 31 ayes, zero nays, the conference committee report on House Bill 628 is adopted.

SENATOR MIKE JACKSON: Thank you, Mr. President.

SENATOR STEVE OGDEN: Mr. Doorkeeper.

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

SENATOR STEVE OGDEN: Admit the messenger.

MESSENGER: Thank you, Mr. President. Mr. President, I'm directed by the House to inform the Senate that the House has taken the following action, the House has adopted the following conference committee reports, HB1178, HB1151, HB --

SENATOR STEVE OGDEN: The Chair recognizes Senator Zaffirini for a motion on conference committee report on Senate Bill 1816.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. Mr. President and members, I move that the Senate adopt the conference committee report on Senate Bill 1816 which relates to county and municipal land government regulation. Members, this is a bill that was heard by the committee on international relations and trade and some of the members were very concerned about possible House amendments. I made a pledge if those House amendments that they dreaded were added, I would go to conference and remove them. This my attempt to honor that commitment and basically what the conference committee report does is strip the House amendments that the members were worried about. Accordingly I move that the Senate adopt conference committee report to Senate Bill 1816 bringing it back to the Senate language.

SENATOR STEVE OGDEN: Senator Zaffirini moves the adoption of the conference committee report on Senate Bill 1816. The secretary will call the roll.

SENATOR STEVE OGDEN: Being 31 ayes, no nays, the conference committee report is adopted.

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

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Jackson for a motion on conference me report on House Bill 1711.

SENATOR MIKE JACKSON: Thank you, Mr. President. Members, this is a consumer protection bill that would improve access to reliable and responsible disaster remediation contractors in the state. Conference committee report would move one amendment, it's an amendment I put on on the Senate floor that would have transferred some funding designation for federal dollars issued after a disaster to the governor's office. It was ruled nongermane. I would move that we adopt the conference committee report on House Bill 1711.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Jackson. Senator Jackson moves the adoption of conference committee report on House Bill 1711. The secretary will call the roll.

LT. GOVERNOR DAVID DEWHURST: There being ayes, no nays, the conference committee report on House Bill 1711 is adopted.

SENATOR MIKE JACKSON: Thank you, Mr. President and members.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Jackson. The Chair lays out the following resolution. Secretary will read the resolution.

PATSY SPAW: Senator Resolution 1213 by Ogden suspending limitation on conference committee jurisdiction on House Bill 1.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Ogden to explain the out of the bounds resolution.

SENATOR STEVE OGDEN: Members, we're getting ready to take up the budget and this resolution is necessary for us to pass the budget. I am going to ask you to vote to suspend Senate rules 1203 and 1204 limiting what conference committee can do with respect to the budget, we suspend those rules to adopt a resolution allowing the conference committee to go outside the bounds of either the House or the Senate committee substitution for House Bill 1. Pursuant to a change of our Senate rules earlier in the session you have had the resolution in your possession for 48 hours. Having looked at the resolution, you have noticed it's pretty technical in nature and there are a lot of numbers moving around. The most widespread matters are the alignment of FPE limitations, the final decisions, the rolling up of higher education appropriations into a single line item and they preapportionened Medicaid dollars among appropriate fiscal years and strategies to match final funding decisions. There's also a formatting change. Members, I'm not aware of any major substantive change in the resolution compared to the bill that you voted for earlier in the session, but it's essential that we reconcile the many, many changes that occur during a conference committee report and this resolution does this. I move to adopt Senate Resolution 1213 suspending rules 1203 and 1204.

LT. GOVERNOR DAVID DEWHURST: Members, you heard the motion by Senator Ogden to suspend the -- to adopt the Senator Resolution 1213. The secretary will call the roll.

LT. GOVERNOR DAVID DEWHURST: Members, there being 31 -- I'm sorry, there being 30 ayes and one nay, the resolution is adopted. Members, the Chair recognizes Senator Ogden for a motion on the conference committee report for House Bill 1.

SENATOR STEVE OGDEN: Thank you, Mr. President. Members, I'm going to ask you today to join me in voting for House Bill 1 by adopting the conference committee report. This budget meets the essential needs of Texas state government and the citizens we serve. We have made significant funding reductions compared to the 2010 and 11 biennium not because we wanted to but because the economy and the voting republic demanded it. The budget is conservative, it's balanced and it sets a standard for our federal representatives to take notice of and emulate. The Texas economy is recovering and as recovery gains steam, our state government will help rather than hinder our citizens in their quest for a job, for a dream, for a better life. The conference committee report on House Bill 1 addresses the three priorities that I believe we as a body said were most important: Public education, public health, safety net services and public safety and public education. This budget matches the level of funding that we senators adopted as necessary in the foundation school program for the next two years. We will provide nearly 800 million for the instructional materials allotment allowing districts to buy the books needed to reach higher learning standards. While the foundation school program will have 4 billion less than school districts expected to receive under current law, the total dollars in the system will increase and I believe with this level of funding combined with a creativity and skills of our school superintendent, principals, teachers and parents, our students will be able to continue to advance in their academic progress. I want to say thanks to Senator Shapiro, Senator Duncan, Senator Deuell and many of the rest of you because it appears against high odds we also will reach an agreement with the House to match the education statutes with the level of funding this budget, preventing a huge deficit in public education funding next biennium. In the health and human services arena we are protecting the most vulnerable citizens among us. Because of the work Senator Nelson did in the Senate to find $3 billion of cost containment strategies, this conference report maintains the rate restorations the Senate deemed vital, maintains waiver slots for all those currently receiving services and continues to reform in our state supportive living centers. Another significant achievement in this area is the preservation of mental health funding. Not only did we increase funding to maintain the number of mental hospital beds, we maintained our investment in community health funding to keep people from entering the hospital or the criminal justice system. Public safety will undeniably be advanced with the adoption of this report. Senator Williams worked to identify border security measures needed, means that our state troopers and game wardens and law enforcement officials will be better manned and better equipped to hold back the violence from crossing over and harming our citizens from Mexico. Our driver's license system will be better transformed, our system is secure and our citizens are able to receive the services that they expect. The Texas Department of Criminal Justice System will both maintain the capacity and needs to secure and have the resources to continue treatment programs that have proved so successful in recent years. Beyond the first three priorities we continue to prioritize our spending. In higher education institutional funding at the general academics was focused on the formulas while a hold harmless floor of percent was maintained to recognize the many variances among our schools. Community college formula funding was maintained. The reductions initially proposed to help institutions were significantly mitigated in House Bill 4. Financial aid funding will also allow us to maintain all students currently receiving aid and provide additional systems for up to 65 -- 64,000 incoming students. New transportation project contracts will actually exceed those left in fiscal 2010 and 11. Senator Williams worked with TxDOT and many of you to allocate the remaining 4.1 billion in prop 12 bond authority strategically to make real improvements to our highway con activity, traffic flow and safety. Senator Duncan spent many hours considering many options in ERS and TRS. The conference committee adopted his recommendations to preserve health insurance and retired current state employees and retired teachers. The ERS and TRS retirement funds will also be positioned well going into the next biennium with the state contribution rates increasing in fiscal 13. Favorable financing options will allow the Cancer Prevention and Research Institute to issue $600 million of new bonds to further the goal of curing and preventing cancer. The water development board is authorized to issue 300 million of new state supported bonds to further water planning for the future. Additionally we appropriated a total of $182 million of general obligations bonds to continue the revitalization of our state parks, to continue the courthouse restoration grant program, to address critical health and safety issues and state office buildings and our prison system. Members, this has been the single most challenging process I have been involved in since being elected in the legislature since 1990 and I dare say it's been the most challenging session that has faced our entire legislature as a whole in these last 20 years. We would never be standing here nearing the resolution of the budget issues facing the 82nd legislature without the tireless, diligent work of so many of you. I must first thank my fellow conferees. I've said many times that this was a great committee I've had a privilege of working with. Senator Duncan, Senator Hinojosa, Senator Nelson, Senator Williams. You made my job as easy as it could possibly be. Senator Shapiro, you and Senator Deuell have done incredible work regarding school finance and that is critical to this budget taking full effect particularly with the agreements that we now have on 1811. Senator Eltife, you and the rest of the finance committee did such good work writing the Senate recommendations for House Bill 1 that the conference committee had solid recommendation that were easy to defend and support and I am proud of the fact when I told you that we passed the budget a month or two ago, that we would defend the Senate Bill. percent of what was in that Senate Bill is still in this conference report today. I would be remiss if I did not specifically recognize the contribution that they vice chairman made to this process. Senator Hinojosa, your insight, your tenacity, your friendship lightened the load. You are to be commended for your inherence to your principles and your commitment to try and do the right thing for your constituents. I'd like to thank Lieutenant Governor Dewhurst for the opportunity to Chair the finance committee this session, your staff, and John Opperman and Don Green and Casey Lam and Janie (inaudible) in particular provided great help throughout this process. The LBB withstood the test of time or maybe I should say the test of no time. John O'Brian and Ursula Parks, you and your staff once again performed with great skill under tremendous pressure. Members thank you for this, for your invaluable expertise. I would also like to thank the members of the Senate committee staff particularly Sara Hicks for her extraordinary knowledge and effort in making this bill possible. I could not have done it without her and the rest of the staff that we have down at Senate finance. Members, thank you again for the honor of serving with you, I move adoption of the conference committee report for House Bill 1.

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

SENATOR WENDY DAVIS: To ask the author a few questions.

LT. GOVERNOR DAVID DEWHURST: Will Senator Ogden yield to Senator Davis?

SENATOR STEVE OGDEN: I yield.

SENATOR WENDY DAVIS: Thank you, Senator Ogden. And I do want to offer to you and the other conferees congratulations on the budget negotiations, the conference committee negotiations that you had to return a budget that looked much more like the Senate budget than the House budget. I know that was incredibly challenging and we all owe you a great thanks for the work that you did to accomplish that. As I have said before and I won't belabor the point, one of the concerns, of course, that I and I think others have here on the floor is the loss -- a permanent loss of $4 billion in public education funding because of the new funding formulas that have been adopted. And we've had that conversation more times and I -- as I said, I won't belabor it today, but I do have some questions and concerns about what we're doing in terms of where we will find ourselves when we reconvene two years from now. And I'll start by just asking you some questions. So part of what helps us get to a balanced budget point in this budget a $2.3 billion deferral to our payments to public school districts, correct?

SENATOR STEVE OGDEN: Yes, ma'am.

SENATOR WENDY DAVIS: Okay. And then it's also my understanding that there is an 800 million-dollar property evaluation estimate, an increase of an 800 million-dollar property valuation estimate over and above what the comptroller had estimated that would be.

SENATOR STEVE OGDEN: That's correct.

SENATOR WENDY DAVIS: Is it typical that that's done as part of the budget process?

SENATOR STEVE OGDEN: I would say yes and no. I mean, when we have views deferrals in the past, the most recent time I remember doing it I think we did it in 2003 and I think we did it in 2005 and then in 2007 and nine we repaid those deferrals back. So it's been an effective way of moving out the economic changes that we endure in this state from time to time. So is it typical that we've done it in the past and this legislature has always exercised that deferral ability in my opinion responsibly because we've paid back those deferrals when times improved. And so it was available to us one more time. So that I would say is fairly typical. The other question on property tax estimate is also appropriate, ultimately it's the LBB that determines when we estimate how much money we have to fund in our foundation school program, what property tax levels are going to be and the changes that they made, though relatively small, are certainly within the realm of reasonableness. I mean, the LBB, the comptroller originally assumes that property values would drop 2 percent in 2012 and three and a half percent in 2013. Current economic trends would suggest that that's probably too pessimistic. The LBB substituted a belief that property values s will drop in 2012 by 1 percent and property values will begin to increase by half a percent in 2013. I think that is a perfectly reasonable assumption and when they make that assumption, it permits -- it assumes that we'll have an additional $800 million in property tax revenues to ewe to operate our financial school program.

SENATOR WENDY DAVIS: And if they guess right, that won't create a problem for us next session, but if they guess wrong we'll start at a different point of consequences.

SENATOR STEVE OGDEN: That's right. You know, it's more than a guess, it is an estimate by experts that property values s will drop 1 percent next year and they will begin to grow by half a percent in the following percent. I especially agree with that estimate, but if they're wrong either positively or negatively, it will effect what we have to do with the foundation school program.

SENATOR WENDY DAVIS: And then I know you've been very open about this, we've moved off into the next biennium about $4.8 billion and our obligation for this biennium and our Medicare matching care dollars, if things do improve, some of that may be mitigated. But it's likely that we'll have to turn to the rainy day fund when we come back into the legislative session next time to fill that 4.8 billion.

SENATOR STEVE OGDEN: And you make a good point, and I would be -- I would not have this budget on the floor if we had not set aside an amount in the rainy day fund that is at least equal to the projected deficit in the Medicaid. Had we had no rainy day fund, I could not in good conscience brought a budget that deliberately or optimistically assumes the funding in Medicaid is going to be much lower than what most people believe and the only reason in my opinion that that's a responsible thing to do is because we will have more than that much money set aside in the rainy day fund in case we need it.

SENATOR WENDY DAVIS: How much --

SENATOR STEVE OGDEN: And to add to that, the thing that I was worried about the most and I talked about this in the press, is I think because we only spend a limited amount of the rainy day fund and there will be threes $6 billion set aside for issues like you're talking about, as long as we didn't create another hole in public school finance and I think that with recent agreements we will not, we'll be fine.

SENATOR WENDY DAVIS: In this budget, and I know we're going to talk about 1811, I guess tomorrow, the fiscal matters bill, how much of the fiscal matters bill -- first of all, how much did that come to in total between the two?

SENATOR STEVE OGDEN: I don't know the exact number but when you count the deferral, it -- in order for this thing to balance it's going to have to be in the neighborhood counting deferral of three and a half billion dollars.

SENATOR WENDY DAVIS: Okay. So the deferral makes up about 2.3 billion of that, so about 1.2 billion and do you know of that 1.2 how much of that is one time funding sources versus recurring sources?

SENATOR STEVE OGDEN: I don't know. I don't know.

SENATOR WENDY DAVIS: Some amount.

SENATOR STEVE OGDEN: Some of it would probably be one time and I don't know.

SENATOR WENDY DAVIS: Okay. I'll ask Senator Duncan that when he brings that bill forward tomorrow. How much of the allocated fund is being used to balance the budget this time?

SENATOR STEVE OGDEN: : I don't know the answer, but it's going to be several billion dollars. Exactly what, I don't know, I think it's between 1.8 and two but I'm not 100 percent sure. I am sure they can send me a note while you're asking me and tell me. Okay. And then you said as you were laying out your bill out a moment ago or the conference committee report on the bill that we would be borrowing or authorizing the issuance of debt of about 4.1 billion for our transportation improvements.

SENATOR STEVE OGDEN: That's correct.

SENATOR WENDY DAVIS: Okay. Based on all of that, if you look at the $2.3 billion deferral, what may or may not be a risk on the 800 million-dollar property value valuation increase that was included here, the 4.8 billion of Medicaid funds, the dedicated fund balance that was used which looks like maybe you have the number there.

SENATOR STEVE OGDEN: The number I was given based on your question was four and a half billion.

SENATOR WENDY DAVIS: Okay. So four and a half billion of dedicated fund balances that were used to balance the budget, a certain amount of one time fees, don't know exactly what that number is, somewhere included within that 1.2 billion that's in SB1811 and then the $4.1 billion issuance of debt for transportation, the concern that I have is that we are pushing forward a problem that we're going to have to address at some point and if the economy doesn't improve dramatically, I am concerned with what this legislature will face the next time because we didn't really do anything to address revenue sources that will help us correct a downturn in the economy and a response to it and we've done -- you have done I think a creative job in terms of finding your way through a difficult crisis and a lot of different solutions were brought to the table in order to get us to the balanced budget that you're bringing forward today but some of it is pushing off to that next budget cycle. Many billions of dollars actually and my concern is without the improvement in the economic picture, a dramatic one we're going to wind up facing a structural deficit again, it may not be the result of education funding anymore because that's permanently now taken $4 billion off the state's balance sheet in terms of our obligation of public Ed, but through all these other tools I fear that we are going to start next session with a structural deficit in place that we're going to have to face. Do you have any thoughts on what that number might be?

SENATOR STEVE OGDEN: No, and I wouldn't want to speculate on it. But if nothing changes -- well, I will speculate, if nothing changes based on the way you outlined the question, less than 5 billion is what I believe the potential quote biennially shortfall could be -- could be less than 5 billion and once again, I am relying on the fact they will be over 6 billion in the rainy day fund to cover what I believe to be potentially, maybe a $5 billion shortfall in the various different entitlement programs that we have in the bill.

SENATOR WENDY DAVIS: So maybe up to a billion-dollar structural deficit to use but we'll use 5 to 6 billion of rainy day money to cover part of that.

SENATOR STEVE OGDEN: I am not talking about the structural deficit, I am just talking about the similar situation that we had coming into this session when the comptroller said we were $4.1 billion short and ended up being like 3.9 billion short in the current biennium. What I am saying to you in my opinion we will not be short by more than $5 billion under the most pessimistic scenario that I am aware of.

SENATOR WENDY DAVIS: But that would include us using some of these same mechanisms again into the next fiscal cycle, if that's the case.

SENATOR STEVE OGDEN: A couple of things I'd like to articulate because you outline a problem and I can articulate that problem too. In fact I've tried. In fact for the last six months I've been trying, for the last year I've been trying. But revenue bills are to originate in the House, that really limits our options and I think when you're writing a budget as difficult as this, you have got to way this potential risk with the reality of cutting the budget even more. And so without the ability to raise additional revenues which the people of the state of Texas have clearly said they don't want us to do anyway, but we don't have the ability even if they did want us to do it. Then we've got to make a decision on what is a appropriate cut and what is a Draconian cut and should we be optimistic about future of Texas or pessimistic. I believe this budget makes appropriate reductions, I also believe it's optimistic about the future and based on our history, that's probably a pretty safe assumption.

SENATOR WENDY DAVIS: Thank you, Senator Ogden.

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

SENATOR RODNEY ELLIS: To ask Chairman Ogden a couple of questions and respectfully speak against adoption if you yield.

SENATOR STEVE OGDEN: Yes, sir.

SENATOR RODNEY ELLIS: Mr. Chairman, I was debating with the Dean on whether or not I would say anything. I am tired, so I know you're exhausted and you really have done an admirable job under the parameters that you were given. But let me ask you a couple of questions. In the years that you have been here is it fair to say that these are the most severe budget cuts that you have had to participate in since you have been here?

SENATOR STEVE OGDEN: We won't use the word severe, let's use largest.

SENATOR RODNEY ELLIS: Okay. Do you think, Mr. Chairman, that we meet basic needs of the fastest growing, second largest state in the country in -- what are we -- 9th large education economy in the world, do you think the budget that you are forced to have to pass because we got to pass one; do you think it meets those needs, those basic needs?

SENATOR STEVE OGDEN: Yes.

SENATOR RODNEY ELLIS: If you had your druthers, would you leave all that money in the rainy day fund as opposed to investing in Texans?

SENATOR STEVE OGDEN: If I had my druthers, I would do what we did when we voted this bill out of the Senate finance committee and spend what I thought would be approximately half of the rainy day fund, ultimately four and a half billion. We have worked and worked and worked and we've spent 3.1 and politically, actually 3.2 but if I had my druthers, and I were king, we would have spent four and a half.

SENATOR RODNEY ELLIS: The overall amount that we're spending less than we appropriated two years is 50.1 billion, right?

SENATOR STEVE OGDEN: It's approximately billion. All funds -- and with that perspective there's some real budget cuts in there but there's two areas that are really significant. One is we have no longer have federal stimulus money and that was $9 billion and because of the decisions we made in Medicaid, we're leaving another five or $6 billion of federal funds potentially on the table, waiting that decision two years from now. So most of that money is reduction in Medicaid funding and loss of federal stimulus although there are other significant cuts in other parts of the budget.

SENATOR RODNEY ELLIS: I know there was a lot of criticism about the stimulus money two years ago but is it fair to say that money looks very, very good and in fact --

SENATOR STEVE OGDEN: Well, I mean, I thought we as a legislature had no choice but to use it and it may have brighten right in the budget two years ago, and it made this budget pretty hard.

SENATOR RODNEY ELLIS: So the 15 billion less, if you threw in a rough number for not appropriating money for growth, education, health and human services, the number that I come up with comes to a total of about 32 billion, does that sound right? Just if we use whatever formulas we use under current law and not funding growth, your health and human services will be the other big one other than education does that number sound right?

SENATOR STEVE OGDEN: I think it's a little high, if you left -- if you made no changes in current law and fully funded what we think current law would require, I am going to guess maybe under that quote current services about 10 billion.

SENATOR RODNEY ELLIS: 10 billion extra, ten and 15, so about 25 million.

SENATOR STEVE OGDEN: Right.

SENATOR RODNEY ELLIS: You mentioned the parameters that we had to operate under the committee, the economy going down, obviously sales tax revenue not being where we'd like it to be, the voters demanding that we not raise taxes. You said it a lot more elegantly and eloquently. One of the big disappointments that I had and I think you had going through this process was the third option, getting rid of loopholes. If you just had to guess, I mean I never calculated it, but what you have been a reasonable amount in terms of this biennium money or preparing for the next biennium if we had gotten rid of some of those tax cuts?

SENATOR STEVE OGDEN: I think several billion dollars. You know, one person will call it a loophole, another person will call it a tax incentive and economists can argue whether that actually helps or hurts the economy. I like Senator Davis am frustrated with the current state of our tax system and basically an erosion of a constitutional principle that has served our state well up until the last ten or 15 years and that is taxes should be equal in uniform and every time we come down here, there's somebody proposing a constitutional amendment making an exception to that general provision in the constitution that taxes should be equal and uniform. And so what you get is the kind of criticism that you're making now that the tax system is basically unintelligible and is inefficient.

SENATOR RODNEY ELLIS: Do you have any concerns about us on this budget widening the gap in general with the way we fund social services in Texas and education widening the gap between those who have and those who don't? You know, everybody, we all think we're the middle class including us all of us on the middle floor, I would guess if we calculated each of our net worth to the average Texan, most of us won't qualify for middle class category, but everybody does, no matter -- everybody thinks they're middle class, I don't know the exact number but I am willing to guess the gap in Texas is among the 35 worst among the 50 states, in terms of people who have and those who don't. Are you concerned that what we do in terms of public education, health and human services, basic needs to get people off the early bus that we're not really doing that in Texas or do you tink somehow, you know, somehow that big ships going to raise somehow everybody?

SENATOR STEVE OGDEN: I think it's till true that we left the Medicaid program largely intact, so for the poorest of our citizens, particularly our children, I think the health care entitlements that they have in the current biennium are maintained, and so I would not -- I do not fear that at least in Medicaid we've done anything that's going to prevent delivering the kind of health care that we promised poor people in this state. With respect to public education, with this budget and with the compromises its made, you can still get a first class education in Texas. All you got to do is want one, it's still possible to go to college in Texas and Texas is still affordable compared to many other states when it comes to higher education. So you can still get a good public education in Texas, you can still get health care and Medicaid if you're poor. And you can still get a college education if that's what your dream is. So I think, I will repeat, this budget will meet the essential needs of our state for the next two years and it will help our economy recover so that people can go back to work and pursue their dreams and reach their goals.

SENATOR RODNEY ELLIS: Senator, despite all of the respect that I have for the hard work that you've put into this. I respectfully want to speak against adoption because I think we can do better and I think, Steve Ogden, if he were emperor, I would think he would want us to do better. In particular I want to speak against this budget because if you are not to come back, I hope you change your mind and do come back, you're one of the brightest minds in public service, you understand the details, you're good at it, you're a good spinner as well, I know -- I've tried to spin against you a couple of times, but unlike a lot of people in politics, all of us are good people but most of us fear that rejection. You know, if you lose that election, it's the end of the world. Early on in my career, I would feel that way. Now, sometimes if I think about it, if I were to lose one, I think they'd be doing me a favor. I'd know my wife a lot better, I'd know my children a lot better. But a lot of folks' decisions are covered by that fear of rejection, but that's not the case with you. I remember when I first saw you operate in the House, like a bull in a China cabinet and I've seen you mellow and gray over the years. You're not preoccupied with having honorable in front of your name and for the life of me to know that this state is 46th in tax revenue, raised per capita, 50th in tax expenditures per capita, we never had an overspending problem in Texas at least during the 21 years that I've been in state government, 38th in current expenditures per student, 44th in state and local expenditures per pupil in public schools. 37th in percentage of school funding for state revenue, 45th in SAT scores, 49th in the percentage of population who graduate from high school, I mean you know the stats. Basically right there near the bottom in every category and then in my judgment, to make the severest cuts that I have seen in years. You weren't finance Chair but in 2003 virtually every state in the country raised revenue, I think with the exception of ten and we were on the big state among that ten. I was told then that a lot of folk wouldn't do it although the economy was doing better, not great, great in comparison to today but clearly better. We couldn't raise revenue in Texas because it was the first time the grand ole party took over all three branches, had all this power in the build. Now, who remembers that? The grand ole party don't even put it on their web site anymore. We didn't raise revenue then. We told people -- we argued that the grand ole party controlled the House now, and then roll forward to 2011 when the economy is in the ditch. In most places if you're going to raise revenue now, you're probably not coming back. You got to really face that rejection, and in many of our cases not only do we not end any loopholes, we don't raise revenue either and you make a good political argument for it. Leave savings in the money account and act like that's sacrosanct and ignore the fact that it was empty four times before, but now all of a sudden it's the holy grail. You can't touch it. So what I am saying is for the vast majority of people that I represent and most members on this floor represent, most people in Texas are nowhere near middle class by national standards on a comparison on other the states. Most people in our districts don't live the way we live and I don't think this budget that you and so many members put so many hours working on this time does justice to them and answers the hard questions. I only say that respectfully and respectfully and I mean that sincerely, Steve, speak against this budget because we can do better and I don't think any of us on this floor would have gotten defeated or would get defeated if we held tight to take more money out of that rainy day fund. That's all about someone else's political aspirations or somebody else's spin. And I don't think that's right. And I don't want in any way to let this opportunity pass us by and we act like any of us really feel good about what we're going to do when we sign dine at the end of this session. But I have tremendous respect for you and I hope you come back so we can clean up some of the damage that I think this budget is going to do.

SENATOR STEVE OGDEN: Well, thank you, Senator. And I think you are representing your district and I believe that the people that you represent agree with what you said. I also agree that -- I also think that the majority of Texans simply disagree that in my opinion the majority of people in my district and the majority of people in this state sent us down here to balance the budget and I don't think that there's been any big political repercussions for the rainy day fund. I think if we would have come down here and say we got to raise taxes, I think most of us would be gone next session even though maybe in your district because the people you represent have a different perspective. Let's let the state's economy recover. I think I was talking about this the other day and it is such a powerful recovery, powerful economy if people will just give it a chance, it will flow to all boats, it really will. One of the things I thought was just amazing was that simple change on assumptions property values, not more than use a few percentage points over the next two years, results in an 800 million-dollar change in the amount of revenue that would be available for the foundation school program. Sales taxes are growing year over year by more than 10 percent and the comptroller has raised her revenue estimate since January by a billion and a half dollars. There is no evidence to suggest the economy is slowing down. It is recovering and if we will just tighten our belts for two years, I think two years from now, the kind of things that I think need to be funded like student financial aid which is funded at a level that none of us like, I think we'll be able to restore that because there is a direct and close correlation between the health of this state's economy and the government we want and we talk about state government, you know, we have 260,000 or so state employees, there are 10 million people employed in Texas, 10 million. And if we can go create a hundred thousand jobs every month in Texas, and I think we can, they are going to put this state back on its feet and we're going to be able to do a lot better job in our budget in two years.

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

SENATOR EDDIE LUCIO: Will the gentleman yield?

SENATOR STEVE OGDEN: I yield.

SENATOR EDDIE LUCIO: Senator Ogden, I join with my colleagues in giving respect to you, you know that, you and I have had many, many personal conversations and I was one of those that actually jumped for joy, I was so happy when you did come back because I know what you represent and what you mean to this body as a colleague and one that cares. I will now reiterate some of the wonderful things that have been said about you because you know exactly how I feel and I want to be brief and share with you a few of the reasons I -- when I voted against the Senate version of the budget earlier this month, it was for two reasons, Mr. Chairman. First, it simply wasn't good enough for my district, primarily due to the cuts in public education and health care. I just didn't know, I couldn't get a feel and still don't have a feel of what kind of impact that's going to have in my district. Secondly, along with several of my colleagues, I predicted an even worse budget would come back from the conference committee and I believe that is exactly what has happened as we adopt this conference committee report on House Bill 1. Therefore, once again I -- with a lump in my throat, because of the amount of respect I have for you and members of the conference committee, I will have to be a nay again. I feel, Mr. Chairman, and members, that any bargaining position we had, that's a body going into the budget negotiations was eroded when we committed to passing a budget without the agreement of the two-thirds of this body. By doing that we only gave the House and our colleagues there the upper hand and I hope next session we can make a firmer commitment to our bipartisan tradition such as the two-thirds rule. Not only are they our inheritance, these traditions but they protect us from short term thinking, balancing the wishes of the House with our own. It's our constitutional duty to all Texans. Yes, unfortunately I feel that we've compromised down at this point. I do have a couple of questions and I think these questions came about in the exchanges you've had in the last couple of days with members of the body here and one of them is are we leaving any money on the table for -- are we leveraging all the federal money that's available to our state? And I referred to the exchange you had with Senator Watson on the $25 million that was not being used, and it might sound like a small amount and insignificant. But if you help a few, to me, that's everything and I'd like to know if we didn't and if there's a lot of money still on the table, why did we elect not to acknowledge every dollar that could have helped to use help Texans and our constituents all over the state?

SENATOR STEVE OGDEN: Well, I am not sure we didn't. You know, Medicaid's an entitlement program and just because we didn't appropriate more GR than we did in this budget, doesn't mean at the end of the day, we're not going to draw down more federal funds because people that are eligible to Medicaid are entitled to it and one of the decisions that's been made is this is going to be an issue of major importance the next time the legislature convenes. But I don't think in any way, shape or form, we have left money on the table in the sense that could have, would have, should have spent it but didn't. The one exception -- and Senator Davis was talking about this, we've made some optimistic assumptions, we talked about referral, we talked about the under funding, what we think Medicaid is going to be, we talked about some other areas, we assume that general revenue property values would grow faster than the comptroller originally predicted, all of those things are a substitute for spending more of the rainy day fund, you really can't do both. You got to pick one or the other, and it's not fiscally irresponsible to do one or the other. It's fiscally response to do both. So I don't think we left money on the table in that context. The one area I am a little bit frustrated about and couldn't get the legislature to agree with me about, is there's billions of dollars outside of the quote treasury that are still state dollars. One of them is the tobacco funds that have $3.2 billion in that and why it was so hard to convince the Senate and in particular the House to use a small fraction of that to help cover some of these issues that we all talk about as being necessary is one of the great frustrations that I've had this session. Texas once again is not broke. It has billions of dollars in the bank, what we're dealing with, as Senator Hinojosa reminds me, of a cash flow problem, and the cash flow problem is improving because the economy recovering.

SENATOR STEVE OGDEN: Well,Senator, I don't think we left money on the table except for those funds outside the treasury.

SENATOR EDDIE LUCIO: I will agree with you in the sense of looking at Texas and seeing that we're really not a poor state, its got over a trillion dollar economy that is working and I was hoping it would be working in favor of our citizens, I just don't feel that you were given the tools and we were given the tools to be able to do better. I know we can do better and I know there are options that we left out of the process that could have meant significantly less in cuts in health care and education especially and other areas of the budget as well. And I respectfully disagree though that Texas -- those that say that Texas is the envy of the nation, I don't see and I can't understand how that could be so especially when I listen to the statistics that are being shared with us by Senator Ellis here this afternoon. Statistics that I've known all along, so I hope that you know we will do better. I am going to come back in two years, God willing, and I am going to continue like everyone else on this floor to address issues that are important to our district but also to treat Texas as one Texas family, working together understanding, and caring for one another that when we take issues such as TWIA and southbound, you know, check points that we need to be able to make sure to be able to take care of all our homeland security issues that we do it together as one body, one family. Unfortunately we have not succeeded in some of those issues like we should, and I feel very differently that some of us still are not at the table when it comes to the discussion of those issues, they're important to all of us, I am very fortunate, Mr. Chairman, I am one of 31 out of 20 something million people in this state that come together every two years to address the issues that are important to us individually and collectively as a state and I want to play an integral part of that. But we need to make sure that we look at every available option out there and that we try our best to bring those values that all of us talk about that we have lived up, that we have lived with, that we are living with and not segregate, you know, the faith that we -- each one of us has, our individual faiths from the service to the people of this state. I cannot do that, I will never do that and I invite all my colleagues to think about that in the next couple of years as we see some of the impacts, the negative impact that these cuts are going to have. We don't help an economy by increasing unemployment and I think that this budget will increase unemployment unfortunately. But I'll stop there and I'll just reiterate once again, Mr. Chairman, you are one of Texas' best and brightest and the people that I serve with here are in the same category and I have a great respect for all of you and I just hope next time around we can do much better. Thank you, sir.

SENATOR STEVE OGDEN: Well, Senator Lucio thank you. And I would like to reiterate what I said at the beginning, we didn't do these cuts because we wanted to, we did these cuts because the state's economy and I believe the state's electorate demanded that we do it. The key is for the economy to recover. And I would take one exception to what you said. Texas is the envy of this country and the reason we know that is that these budgetary issues that were complained about are directly related to how fast the population is growing in this state. Tens of thousands of people coming from all directions, all directions are coming to this state and they're not coming to this state so we can give them bigger government, they're coming to this state so we can give them an opportunity and they think we do. And the reason that our budget is so tight right now is because all of these people are bringing families with them and those families need government services, but primarily they're coming here for a chance and I think this budget will allow them to have the chance that they want. Texas really is still in my opinion the envy of this country.

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

SENATOR JOHN WHITMIRE: Gentleman yield?

REPRESENTATIVE DAVID DEWHURST: Will Senator Ogden yield?

SENATOR JOHN WHITMIRE: Thank you, Steve. I'm not quite ready to make you the emperor that Senator Ellis was going to make you, but I will acknowledge you're a very effective Senator. It's very interesting the last comments that you made, that people are demanding the cuts, were the demanding the expenditures two years ago if we're reacting to the mandate and you're spending it and honestly saying today they're demanding these $15 billion in cuts? My logic will be, and I'll ask you, that means two years ago they were asking us to spend $15 billion. Would that be a fair view of things? Because we are -- we did about 29 to two, two years ago spend about $15 billion more. So who were we responding to then?

SENATOR STEVE OGDEN: Well, I think a couple of things happened. One is I don't think any of us believe that our constituents are against us spending the money that we do have. They're just -- I think the message is loud and clear is that if you're faced with a choice of reducing expenditures or raising taxes, reduce expenditures, that what I'm really trying to say but I also --

SENATOR JOHN WHITMIRE: No, no, I am not so sure of the form of new revenue. It could be the taxes or obviously a combination of new taxes and cuts or I think you and I have had discussions where it polls pretty good, not that we need to be governed by polls, but it's at least a snapshot, people think we should spend some of the rainy day fund so we're certainly not listening to that point of view --

SENATOR STEVE OGDEN: Well, I do think --

SENATOR JOHN WHITMIRE: -- pass Medicaid to future days.

SENATOR STEVE OGDEN: I bet if you polled the question how old you spend the rainy day fund to maintain funding for public education, it would probably be off the charts. But politically I couldn't get the votes, John.

SENATOR JOHN WHITMIRE: I know, but I am engaging what you just said that people are mandating cuts and I just don't believe that certainly in my contact going home on the weekends, my mail, my calls, I just don't think anyone is mandating cutting $15 billion in state and government services and 4 billion specifically from public Ed.

SENATOR STEVE OGDEN: And I will concede fair enough, that's a good point.

SENATOR JOHN WHITMIRE: The vantage point and you're certainly entitled to your point of view, it was a reflection of their disgust with the spending practices in Washington, the disgust with federal bureaucracy, the employment, the general nature that we found ourself in as a nation when we went through the election last November. So I think you have to distinguish the point of view about Washington government and Texas. Because in Texas I think they still, from my advantage point, want us to provide basic services, lower tuition, first thing I could give you my whole areas of class sizes, etc. I just think people are coming here because a variety of things that could be partly because our great weather, our labor force, our low taxes but also because other states have done such a poor job of management that obviously it does make us look good. Let me quickly ask you another couple of questions.

SENATOR STEVE OGDEN: I think you make a good point and the point that you made, which I agree with, is coming into this session, make it different than two years ago was that people were alarmed, I mean alarmed about irresponsibility and the spending and the deficits and the federal government and most of my constituents are convinced that they've lost their mind and that we're going to be broke and we're going to be the lesser nation in the future because what we're doing in DC. And you said that it transcribed over the legislature but Texas is different than Washington, D.C but what's going on in Washington had a dominating effect on the impact of what we did here.

SENATOR JOHN WHITMIRE: You're absolutely right, we don't want to follow their lead and be 31 to nothing, that's not our motto. Let me ask you a concept and give me the opportunity to understand it, you said this week I believe that the budget would not require school districts to dismiss employees, lay off teachers because they have two options, one they can spend their reserves or they could raise their property taxes, did you say that and can you help me understand -- first of all, did you mean it? First, if you don't have reserves, what do you do? I guess that would lead to property taxes, people according to your own prognosis a while ago that they don't want any more additional taxes would not raise property taxes, so I assume this budget will lead to some school employees being laid off.

SENATOR STEVE OGDEN: I did say that, not exactly that way, I could maybe be more articulate. You know, they've got three options. They can spend their reserves, they can tighten their belts in other areas besides laying off teachers. Or if necessary they can go ask the voters for permission to raise taxes and that is a good exercise in democracy. In my opinion, if the voters and the (inaudible) school district want to consider the fact that school districts happen to tighten their belts and has to reduce personnel, there's nothing that's preventing the school district from saying, are you willing to pay higher property taxes in order to prevent that. It subjects us to some criticism I think, but that mechanism is there and if the voters -- and when placed before the voters, I think that's a perfectly appropriate way to address some of these issues in schools.

SENATOR JOHN WHITMIRE: The problem with that, would you not agree with me, is that public education is a state responsibility and I think the public would expect the state legislature and state government to fulfill the needs of public education instead of passing it down to local taxpayers which I think this budget --

SENATOR STEVE OGDEN: Well, that's been a problem since you've been in the Senate.

SENATOR JOHN WHITMIRE: Let me ask you one other thing. If I was to ask you after this budget was implemented if there is an area of state government that you would be most concerned about that perhaps this budget did not meet its needs, I know you think generally it takes care of essential services, but you know this budget better than anyone. If there was an area that you would say that you would be concerned about, could you give me what maybe the first, second, and third area of concern would be that we might as a body, as a legislature, need to pay special attention to?

SENATOR STEVE OGDEN: Well, the first thing we already talked about Medicaid. It is a -- it's a program that involves over ten percent of our population and our entire health care system to a certain extent relies on Medicaid and Medicare and private insurance to stay afloat. So all the things that I am worried about in this budget, it's containing the cost in Medicaid and making sure that we don't falter. I am worried about the cost of going to college, I was proud of the progress that we made led by Senator Wentworth and Senator Ellis over the years to substantially increase financial aid as a counter to dramatically higher tuition cost and I do think that financial aid which is hundreds of millions of dollars better than the base bill is still a disappointment to me.

SENATOR JOHN WHITMIRE: One last question, because I don't know when you finish the budget, whether we'll hear from you again this session. Could you speak briefly the concerns on opening day that we needed to address the business tax. I assume it would be obvious that we haven't.

SENATOR STEVE OGDEN: We still do, we still need to address the business tax because the need to basically compress tax rates in Texas to keep property taxes low to maintain our promise becoming increasingly more difficult because the business tax is not performing as predicted and it's performing on a level that's proximately $4 billion biennium less than what we predicted. Well, that can't go on forever and, you know, what will happen is if we don't fix the business tax, we'll start raising local property taxes because well are to raise a compression rate. We have been able to figure out how to avoid that these two years, but behind Medicaid that's the second biggest problem I can think of.

SENATOR JOHN WHITMIRE: Okay. Thank you for answering my questions.

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

SENATOR JOSE RODRIGUEZ: Ask the chairman some questions.

LT. GOVERNOR DAVID DEWHURST: Senator Ogden yield?

SENATOR STEVE OGDEN: I yield.

SENATOR JOSE RODRIGUEZ: Thank you, Mr. Chairman. And like the others I want to express my appreciation and in fact admiration for the hard work that you and Senator Hinojosa and members of your committee put into this budget. In fact, I just saw you the other day and I was telling you that I can think of two people on the Senate that in their face I think had -- sort of chiseled in your face the sweat and work that you put into trying to balance this budget to do right by Texans, but I like the others who have gotten up, I got some concerns about it. I represent a district that you thought is low property tax base, some of the poorest school districts formula funded districts in the state and different kinds of issues that we face in terms of jobs and economic development and so for me I certainly was not intended to come here as a freshman to vote against my first budget, but unfortunately I'm going to have to. And you already answered some of my questions here about some of the concerns I had, I want to ask you a couple that struck me as you were given your explanation. And with all due respect to you and Senator Hinojosa, you've mentioned that what we have a cash flow problem and I think I've heard that several times before. But don't you think to some extent this tax flow problem that we have is self-inflicted particularly in light of what you just answered, the

(inaudible) about margins tax and not addressing the structural deficit that you indicated that we ought to work on in this session?

SENATOR STEVE OGDEN: The -- almost all of it, almost all, but not all is due to a slowing Texas economy and a significant reduction in property values but yeah, we can do better and there are self-inflicted mistakes throughout the revenue system and to a certain extent the budget system that I would concede where it's not perfect.

SENATOR JOSE RODRIGUEZ: Well, and I think we continue to do that in the adoption of this budget because the other thing I wanted to point out is you said, and I know a lot of people feel this in the rotunda and that is people didn't send us over here to raise taxes or raise revenues, like the dean, I also have different point of view on that for several reasons one I read the media accounts, I don't read polls but certainly our newspaper accounts have been stating on a regular basis that with respect to at least education and with respect to helping human services with respect to those who are the most vulnerable that people in this state are willing in fact to pay for services for those individuals and for education, so I don't think it's completely accurate that people are not willing to raise revenue to address these kinds of concerns. In fact I can give you an example in these last local elections that we just had, I mentioned to you the other day in El Paso the folks, my constituents in (inaudible) independent school district and (inaudible) school district, two of the property poor school districts in the state voted to raise taxes on themselves. And they did that because they realized that unless they did something, since the state isn't going to do anything, they realized they had to do that if they're going to avoid laying off additional teachers, they already laid off -- (inaudible) already laid 30 teachers, they were look at looking at laying off another 60 or so. And so I just want to cite that to you as an example and to my colleagues an instance where when people are faced with having to make hard choices and those choices involve the education of their children and quality of their schools and teachers and avoid layoffs, that people are willing to in fact raise revenue.

SENATOR STEVE OGDEN: Well, and that's what Senator Whitmire asked me and that's great. I am glad that the people in those school districts felt like it was important enough to contribute some additional money from their pockets to fund their schools. I think that can happen all other the state, I don't think that's a bad thing and I think you make a good point.

SENATOR JOSE RODRIGUEZ: Well, except for what the dean said, it's a state obligation to the constitution and we have some other constitutional obligations. As you know, I feel very strongly about having us find a way of raising revenue to pay for legal services for the civil legal services for the indigent and for indigent defense. A constitutional mandate in the case of indigent defense but for whatever reason we were not able to get there in providing the funding for those very basic services that I think exemplifies the highest ideals of our nation for giving access to civil justice for everyone. So I am very disappointed that somehow in this multibillion dollar budget we could not find $32 million to just continue the current level of funding and not meeting the total needs, since only one out five actually get access to legal services, and so it just baffles me and I guess it's something that I need to learn as I go on in process about the way things work here, but I think when all is said and done, maybe I can put it to you this way, I felt like we started out with voter ID and sonograms and other issues that were very contentious and I think they were very partisan and I really came here to work to build consensus, I did want to work with you but I didn't thing as a Democrat, that I was getting the opportunity to offer -- as was offered I think at some meetings ideas about raising revenue and so I kind of feel like, you know, Democrats are invited to the dance but left stranded on the dance floor. Or it's sort of like you can join us but this is the way it's going to be. So I'm disappointed in that, I think because this budget did not represent a more fair and balanced approach to balancing the budget and to address the needs of the state, I respectfully am not able to join you in voting for it, but I respect your work on this and your leadership and if you decide not to come back, I certainly wish you well.

SENATOR STEVE OGDEN: Senator Rodriguez, you know that when you make those comments, you got to recognize that there's two Houses in this. We have a bicameral legislature. You got your bill out of the Senate, it wasn't the Senators' fault that we didn't fund indigent civil legal services and so it's -- you have just experienced what I've experienced for as long as I've been in the legislature and that is whether I am in the House or the Senate, I have a hard time getting my bills out of the House.

SENATOR JOSE RODRIGUEZ: Well, I am glad you brought that up. I was talking about the rotunda earlier as you heard me say, and that included the House, and the way -- I am coming from the standpoint of the leadership, wanting to get both sides of the -- both chambers to address some of these vital issues and so I didn't mean to just suggest it was just here in the Senate, because I understand the tremendous obstacle that we faced with the votes in the House side and you pointed out several times to us as we discussed the budget and worked on it that you know we could do whatever best we could do here, but it didn't mean we were going to get where we wanted to be because of some of the views and positions people had over there. And I guess some of the legal services ended up being one of those. I use that as just one minor example for some people but a major one for me and my constituents. So, no, I appreciate what you're saying, I guess that's the process and I have a lot to learn. So thank you for your advice.

SENATOR STEVE OGDEN: And the -- well, it was more of a statement than advice but the -- I think Senator, that we have done a much better job than we have done in the past on indigent legal services for criminal cases and in fact I was looking at some numbers now and it's tens of millions of dollars that we've appropriated to make sure that there is indigent legal defense in criminal cases. The sure that you're talking about now, I believe are civil cases, I supported your legislation and I wish that the House would agree -- would have agreed.

SENATOR JOSE RODRIGUEZ: I appreciate it very much. Thank you. Thank you, sir, for your work.

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

SENATOR JUDITH ZAFFIRINI: Speak against the adoption of the conference committee report.

LT. GOVERNOR DAVID DEWHURST: Do you want to do it now or on second --

SENATOR JUDITH ZAFFIRINI: The appropriate time when you recognize me.

LT. GOVERNOR DAVID DEWHURST: Yeah, that's fine. You're recognized.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. Mr. President and members, I rise today to express my opposition to the conference committee report for House bill 1 which in my opinion is a compromise between the House's horrific budget and the Senate's awful alternative. I believe it harms Texas families and jeopardizes our state's economic recovery. If you look at Texas higher education, for example, the conference committee report for House Bill 1 cuts higher education by more than $860 billion, a 4.3 percent cut in all funds. While the Senate reduction of 5 percent from current levels was adopted general academic level institutions, the conference committee report to House Bill 1 adopts the House's cuts for formula funding of community college of 10 percent of current levels. In my opinion, that is simply unacceptable. What's more the House's position to fund community college employee retirement and health insurance at merely 41 percent of employee retirement system rates was adopted. Supplemental funding for general academic institution through special items was reduced by 25 percent. Similarly the research development fund and competitive knowledge fund appropriations are reduced by 25 percent. This, at a time, members, when Texas higher education systems and institutions are working to strengthen research, expand and enhance national universities in Texas, at a time when we may be expanding access to college, this budget slashes financial aid programs drastically especially for lowest income students. As a result 28,700 fewer low income students will receive Texas grants. Accordingly only 3.3 of every ten eligible low income students will receive these grants. What's more the be on time program which promotes timely graduation and student success will assist 30 percent fewer students. Even the chair of the Senate finance committee was quoted by the Dallas Morning News saying the budget is going to make it harder for the poor kids to go to college. Members, in 2005 the legislature and coordinating board began an ambitious initiative called Closing the Gaps by 2015, which aims to close the gaps in student participation, student success, excellence and research. Instead of moving Texas closer to those four goals, this budget makes it nearly impossible to achieve them. Instead of closing the gaps, it broadens the gaps and puts college out of reach for thousands of low income Texas families. Consider health and human services. I won't repeat figures that I mentioned before when we voted on the committee substitute for House Bill 1, but generally speaking this budget cuts health and human services programs that save the state money in the long run. Among the programs cut are the UT community outreach program, which plays a critical role in reducing the huge incidents of diabetes in south Texas, prevention and early prevention services that keeps at risk children safe from abuse and out of the foster care system and waiver programs that give older Texans and persons with disabilities the opportunity to live at home with their families or receive community based care. Without these waiver programs, many will be forced to life away from their loved ones in more institutional settings. While many Medicaid provider rates were restores, the conference committee report still contains cuts of 10.5 percent for durable medical equipment and 8 percent for hospitals. Hospitals too will be forced to cut preventative programs that save lives and save the state money and medical costs. What's more because the budget fails to fund Medicaid case load growth, Texas will have to address the fiscal hole that is at least $4.8 billion larger in 2013. Members, for these and other reasons, I will vote no when we vote for the committee -- the conference committee report of House Bill 1. I am very disappointed in its contents because when the bill was initially filed, I was very optimistic that we could improve it significantly. We have not. Thank you, Mr. President and members.

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

SENATOR MARIO GALLEGOS: To speak against the adoption.

LT. GOVERNOR DAVID DEWHURST: You're recognized.

SENATOR MARIO GALLEGOS: Members -- and I once again thank you, Chairman Ogden, and members of the Senate finance committee for working hard on this issue. I got my school district runs a while ago and we're already hearing the bill on the floor and we've basically getting information on it, those of us that are not in the loop and those that are not on Senate finance. But I just want to say -- I mean, you heard me the last time before we voted on this bill and I had said it was just like a -- we were writing a hot check on this budget. We'll I've researched it a little more and it's turned into a credit card. That's what it's turned into, a credit card, that we're just paying our bills this time -- and by the way, members, once again I voted against the budget. And the members that I see here, I'm the only one other than Senator Shaffey, who's not here anymore, that voted against the budget last time. I had my reasons for voting against the budget. My district took a hit, took a hit in health care and higher education in public Ed like, Senator Ogden, take two torpedoes to the engine room. I know you know that jargon, and that's what it was. But I look at my runs here and I look again what it's doing to Senate 6 and it's the same thing. You know, members, I think and what we're really look at here is for the last four sessions we've dealt with an issue that nobody wants to talk about or likes to talk about or mention it. It's called the structural deficit and, members, delaying payments to school finances and medical providers, that's not the answer, that is not the answer, that is not the answer. All it's going to do is when we come back two years from now is put us in another 10 billion to $12 billion shortfall. I guarantee you that's what's going to happen. And then we're going to do all these drastic cuts to education, to health care and my school districts right now are gearing up for tax, tax pipes to cover these cuts and our higher institutions are gearing up for tuition increases to cover these cuts, and they're blaming it on the legislature. All the fingers point here. I understand, Senator Ogden, I just heard you say there's two Houses and that's correct there's two houses. But where I come from Houston Fire Department, there's a chain of command. And you know who that chain of command is, Senator Ogden, the buck tops here on this floor. We have to take responsibility. We all have a vote, we all got to answer to the folks back home. I'm ism going to have to answer on this budget, but I can tell you right now I voted against it two years ago because it really -- the cuts were drastically, drastically hit my district and it does yours. I've seen the runs. You know, I can read here. I see what does to all of y'all's districts and plus the other school district they represent. I am just telling you cannot, you cannot go forward and not solve the structural deficit problem that we have because all it's going to do we're going to come back here two years from now, we're going to go over the same thing in Senate finance, Mr. Chairman, if you're still the chair of finance, which I think you will be if you come back, we're going to have to handle this whole situation once again. So either pay now or pay later, and it looks like right now we are going to put the credit card on the table, it's like the canary in the coal mine, I heard that slogan yesterday, the canary in the coal mine. We're going to put that canary in that coal mine right now and when we come back in two years it's not going to be there. So what I am saying is we got to deal with this problem right now or you're going to deal with it again in two years. Mr. Chairman, I really -- I mean, the work that you have done, you know, I know you care about Texas and in this budget there's no money for growth, I mean, we gained four congressional seats because of the growth in Texas and it's growing every day. There's no money in here for the growth and I'm sitting here -- Mr. Chairman, when I got my undergraduate degree, you were there for me. I remember, you were there for me when I graduated from college and don't you think I don't forget and that's the way I know you care about Texas and many hopefully we deal with this deficit in two years. It's still going to be there, it's not going away. Members, I ask you to vote no on the adoption of this conference committee report.

LT. GOVERNOR DAVID DEWHURST: Senator Van de Putte, for what purpose do you rise?

SENATOR LETICIA VAN DE PUTTE: I rise to speak against adoption of conference committee report.

LT. GOVERNOR DAVID DEWHURST: You're recognized.

SENATOR LETICIA VAN DE PUTTE: Thank you. Members, I know it's late and it's at the end of the session and we're all tired and we want to go home to our families but this is the most important bill that we have before us in this session. Senator Ogden, there's many things I love about you. I love the way that you're a father, and that you leave this chamber to go home for a few hours to make sure homework is done and that he understands his geometry. I love the way you go to every single funeral of a fallen soldier in your district and you know their families' names, and you share their pain. I even love the way you pinch your cheeks when you get very anxious that the budget is going to blow up. But I don't love this budget and it's not out of the lack of respect to you or the staff or the other fine senators that put in hours, you did with what you had to work with under the parameters that were given to you. We all want this economic downturn to be in the rearview mirror and our economy to go strong and the federal reserve tells us that for every 1 percent growth in the my that our revenues will increase by 900 million. Well, let's hope that we keep on that track. But this budget reflects choices and priorities and we had choices. We just couldn't make them. We all know that tough times families tighten their belts. But we've asked students to tighten their belt, we've asked teachers to tighten their belt, we've asked people with disabilities to tighten their belt, we've asked college students to tighten their belt, but we had choices. We have not asked businesses to tighten their belt and every single measure that could have helped us in revenue either from big insurance or big oil and gas, we just couldn't ask them to tighten their belt. Senator Ogden, that's politics and that's what happens in a bicameral legislature. But we had choices. The dean of the Senate who chairs the criminal justice, I hear him saying all the time that what we want to give prosecutors is more tools in the tool box. What happened with this budget is we weren't given the opportunity to use all the tools in our tool box. It was the rhetoric of the rainy day fund and the fear of going and searching for money on those funds that are outside the treasury and so we couldn't use all the tools in our tool box and this budget reflects it. And I know there will be some that will herald and the headlines will read tomorrow proud to cut 15 billion, biggest cut of the budget in the history of the state. Members, I'm afraid we've succumbed to politics and less common sense. People get confused with Washington and they are mad at Washington and they are mad at irresponsible spending, that's never been the Texas story. But they want a Texas that lives up to her promise and they want an investment and infrastructure. And so while some limit the fact that we can't do that because it would hurt the economy, what we are doing with this budget we're hurting our future infrastructure. When we damage education, and I can't tell you, I don't know what the damage is going to be taking billion out of what is necessary for public schools. Time will tell, only our students and our teachers in the future generations in the next few years will be able to see if this decision was a wise one or not. So we're making the choices we felt like we had to make because there were no other options but there were. We just didn't have the political courage to use all the tools in the tool box and to take up the extra options so that we could have a budget that offered promise. I'm sorry, I just cannot vote for a budget that doesn't reflect an investment in our public school children. Thank you, Mr. President.

SENATOR KEVIN ELTIFE: Thank you, Senator Van de Putte. Senator Patrick for what purpose?

SENATOR DAN PATRICK: Few questions of the author, very brief.

SENATOR KEVIN ELTIFE: Senator Ogden yield?

SENATOR STEVE OGDEN: I yield.

SENATOR DAN PATRICK: Senator, just a few questions. First of all it was a privilege serving with you hundreds of hours, hundreds of witnesses, thoroughly scrubbing the budget and in the end I think you've crafted a budget while some members on the floor -- and I respect everything that I've heard because they all care about the members in their district, no one cars about Texas more than any other Senator, we just sometimes have a different point of view on the issues. But I do want to ask you when the session started there were headlines, hundreds thousand teachers will be fired. Do you think under this budget it's going to happen?

SENATOR STEVE OGDEN: No.

SENATOR DAN PATRICK: Headlines, grannies thrown out of the nursing home, do you think under this budget that's going to happen?

SENATOR STEVE OGDEN: No.

SENATOR DAN PATRICK: Headlines, questions about public safety, do you think we're going to see major cuts in fact do funded public safety almost everything that was requested, correct?

SENATOR STEVE OGDEN: There are no cuts of any significance in public safety.

SENATOR DAN PATRICK: And on border issues, for border security we've added, and I didn't see the last conference number, but from finance, I remember me it was about 150 million or so, correct?

SENATOR STEVE OGDEN: Depending on how you scored, it's over 100 million.

SENATOR DAN PATRICK: So the headlines from earlier, and the testimony that we heard earlier, about how (inaudible) this budget would be, in the end, we are cutting, we are living within our means, but I believe you believe that we are funding the needed programs and needed services to the best of our ability in these economic times?

SENATOR STEVE OGDEN: Yeah, I know we are, we are.

SENATOR DAN PATRICK: And the 15 billion that we're cutting in truth, is it not fair to say that that 15 billion, most of it, was stimulus money that in 2009 was intended to only be one time money?

SENATOR STEVE OGDEN: That is what we told people.

SENATOR DAN PATRICK: So this budget is a budget that lives within our means, does not raise taxes and to the best of our ability including Democrats who may be voting no, but in finance we're doing our best, and I understand someone would want to spend more for something would probably want to spend less but I think you have, as I said early on, you have threaded the needle to use every dollar available to be efficient as we can be and as you know I voted in finance against the budget because of the rainy day fund for the next budget but in the end we allocated those dollars for this budget to fill in this gap and that's because I do believe we do need a reserve and I don't think in a state that has $176 billion roughly that holding five or six back in reserve is too much because we can never count on tomorrow, hopefully the economy does improve, we'll have more dollars in the next session but if it does not, it's good that we will have a reserve in 2013. So, thank you for your work on this budget, I'll be voting with you on the budget and I believe you're correct, the majority of Texans, and I think bipartisan, the majority of Texans wanted us to live within our means and not put additional tax burden on them and when it comes to tools in the tool box many businesses have used all their tools, they have cut, many families have used every tool and they have tightened their belt and I think the responsible thing to do which we have done in this budget is to be sure we don't put any additional burden on businesses and individuals by thrusting tools upon them that they would not be able to handle in their personal lives and businesses and I know the goal of every Senator here is to grow Texas out of this budget and let Texas lead the way in our economy. So I'll ill be voting with you and thank you.

SENATOR STEVE OGDEN: Thank you.

SENATOR KEVIN ELTIFE: Thank you, Senator Patrick. Members, Senator Ogden moves adoption of the conference committee report on House Bill 1. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 20 ayes, 11 nays, conference committee report on House Bill 1 has been adopted. Thank you Senator Ogden. Senator Ogden, you're rods.

SENATOR STEVE OGDEN: Members, I would like to thank every member on this floor, those who voted for the bill especially but also to thank all the members on this bill. You know, when I -- I announced I guess it was a year and a half ago that I wasn't coming back and then I changed my mind and one of the reasons I changed my mind is I knew how hard this session was going on and I thought that because of my experience they could probably help and so what I want to do is thank each and every one of you for giving me that privilege. Thank you, Lieutenant Governor, for making me chairman of finance and for you, all of you Republicans or Democrats trusting what I told you at the end of the day we got the job done and so I am glad I came back and I am glad I was able to work with you to pass this budget for the next two years.

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

SENATOR JUDITH ZAFFIRINI: For a comment.

SENATOR KEVIN ELTIFE: Please proceed.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President and members. We have thanked many people today including the members of the committee all of the staff members, but I would like to add a special thank you to the staff members of the legislative budget board who are always there day or night when we need them and I believe the staff members of the legislative budget board certainly deserve a round of applause, our decent respect and gratitude.

SENATOR KEVIN ELTIFE: Thank you, Senator Zaffirini. Members, we have about 11 items up here we need to take care of this evening and then we'll be wrapping it up so it shouldn't take terribly too long. The Chair lays out the following resolution. Secretary please read the resolution.

PATSY SPAW: Senate Resolution 1227 by Shapiro suspending limitations on conference committee jurisdiction on Senate Bill 1534.

SENATOR KEVIN ELTIFE: Chair recognizes Senator Shapiro to explain the resolution.

SENATOR FLORENCE SHAPIRO: Thank you, Mr. President and members. I ask for your consideration and approval of the resolution to allow the conference committee on Senate Bill 1534 to go outside the bounds. We found it necessary to do so for the following reasons. We add the language from Senate Bill 38 by Senator Zaffirini to enhance transparency for consumers of career schools. This bill came to the of the Senate with overwhelming support. This language would amend the education code to require the higher education coordinating board to include within the board's higher education accountability system any career schools and colleges that offer degree programs. All of our public institutions in Texas are already included in our accountability, and the career schools registered in support of this bill. I move adoption of the Senate Resolution 1227 at this time.

SENATOR KEVIN ELTIFE: Members, the question is on the adoption of the resolution. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, the resolution is adopted. The Chair recognizes Senator Shapiro for a motion on the conference committee report for SB1534.

SENATOR FLORENCE SHAPIRO: Thank you, Mr. President and members. There was one other significant change that was made in the conference committee report. The decision was made to go with the House changes including a requirement that institutions post on their web site that they are not regulated in Texas, that the name of the regulatory agencies that approve and regulate the school's program and how to file complaints and make other contact with applicable regulatory agencies. This was done to ease the concerns raised by a few senators regarding notice of nonregulated, I would move adoption of the conference committee report.

SENATOR KEVIN ELTIFE: Members, Senator Shapiro moves adoption of the conference committee report of SB1534. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 30 ayes, one nay, conference committee report on House Bill 1534 is adopted. Thank you, Senator Shapiro.

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

SENATOR KEVIN ELTIFE: Chair recognizes Senator Jackson for a motion on conference committee report on House Bill 2457, the Chair, now, recognizes Senator Jackson for a motion on conference committee report on SB563, 563, members.

SENATOR MIKE JACKSON: This bill deals with personal identifiable information from release under the Public Information Act as it related to job seekers from unemployment insurance claimants and employer information that was contained on a web site. The House added an amendment that seeks to create a pilot program within the Work Force Commission to organize an approach using specific quality control management and I would move that we would adopt the conference committee report added to that amendment.

SENATOR KEVIN ELTIFE: Members, Senator Jackson moves adoption of the conference committee report on Senate Bill 563. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, the conference me report on House Bill 563 has been adopted.

SENATOR MIKE JACKSON: Thank you, Mr. President and members.

SENATOR KEVIN ELTIFE: Thank you, Senator Jackson. Chair recognizes Senator Uresti for a motion on conference committee report on SB341.

SENATOR CARLOS URESTI: Thank you, Mr. President and members. I move to adopt the conference committee report on Senate Bill 341. This is the infamous Bexar Met bill, this is the conference committee decided to keep two technical amendments that the House put on and we move to remove the other House amendments and with that I move to adopt the conference committee report on Senate Bill 341.

SENATOR KEVIN ELTIFE: Members, Senator Uresti moves to adoption the conference committee report on SB341. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, the conference committee report on SB341 adopted. Thank you, Senator Uresti.

SENATOR CARLOS URESTI: Thank you. Thank you, Mr. President and members.

SENATOR KEVIN ELTIFE: Senator Fraser, are you ready to do you're conference report on 875?

SENATOR TROY FRASER: Mr. President and members, Senate Bill 875 was passed but the Senate provides an affirmative defense to entities that are subject to a criminal or administrative action for a nuisance trespass violation arising out of greenhouse gas emissions. The conference committee report you remember had language that took it back very close to the Senate version of the bill. It totally removes Representative Bonnen's amendment that had created a controversy, we did one minor concession of the House, the amendment by Chisum amendment regarding the affirmative defense not applying to nuisance action, which if you remember this was the Ogden issue was left in the bill and it was the issue that Ogden raised and that Chisum amended. If there's no questions, I would now to adopt the conference committee report to Senate Bill 875.

SENATOR KEVIN ELTIFE: Members, Senator Fraser moves adoption of the conference committee report on Senate Bill 875. The secretary will call the roll.

SENATOR KEVIN ELTIFE: Twenty-three ayes, eight nays, conference committee report on SB875 adopted. Thank you, Senator Fraser.

SENATOR TROY FRASER: Thank you, Mr. President and members.

SENATOR KEVIN ELTIFE: Chair recognizes John Whitmire, the dean of the Senate, for a highly privileged motion.

SENATOR JOHN WHITMIRE: Mr. President, Mr. President could I ask you to or ask the members to --

SENATOR KEVIN ELTIFE: We have a memorial along with the adjournment, members, if you would take your seats. Senator Van de Putte, you're recognized.

SENATOR LETICIA VAN DE PUTTE: Thank you, Mr. President. Mr. President and members, it is with great sadness that the senators from Bexar county, Senator Wentworth, Senator Zaffirini, Senator Uresti and myself ask us to adjourn today to in memory of Sergeant Kenneth Gary Vann who was 48 years old. He was killed in San Antonio this morning while stopped at a traffic signal. He is a deputy sheriff, he was on duty and was on his way to respond to a call for an accidental shooting when he was ambushed by gun fire and killed sergeant Vann has been on the force for 24 and a half years and he was one of our patrol supervisors. He leaves behind his wife who is also a sergeant with the sheriff's office and she's been a department veteran for years. The Vanns ns have three children. We ask that when the Senate adjourns today it adjourns in memory of Sergeant Kenneth Gary Vann, deputy sheriff of San Antonio.

SENATOR KEVIN ELTIFE: Thank you, Senator Van de Putte. Senator Whitmire, you're recognized.

SENATOR JOHN WHITMIRE: Thank you, Mr. President. I would move that the Senate adjourn until 1:00 p.m. tomorrow in memory of Sergeant Kenneth Gary Vann.

SENATOR KEVIN ELTIFE: Members, Senator Whitmire moves that the Senate adjourn until 1:00 p.m. Sunday May 29th. Is there objection? Chair hears none, the Senate stands adjourned until 1:00 p.m. Sunday May 29th. Thank you, members.

(Adjourned.)