SENATOR DAVID DEWHURST: Good morning, members. Good morning. The Senate will come to order, and the secretary will call the role.
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 DAVID DEWHURST: Thank you, madam secretary. Members, a quorum is present. Would all those on the floor please rise and in the gallery please rise for the invocation to be delivered by Pastor John C. Stennfeld of Christ Lutheran Church of Austin.
PASTOR: Dear father in heaven, we begin this day in your most holy name. We are here because you have chosen us to serve the people of this great state and the people of this great state have chosen us to lead them; and though there are places that we as individuals would rather be at this moment, this is the place where we are needed. We ask you right here and right now to fill us with your wisdom, give us the ability to see beyond our own point of view, guide us into decisions that will be a blessing to the people of Texas, and help us to be courageous yet compassionate as we serve as leaders. May all we do this day honor both you and the offices that we hold. In the name of your son Jesus we pray. Amen.
SENATOR DAVID DEWHURST: Pastor, thank you so much and thank you for being here. Will you please be seated in the gallery? Thank you so much. Members, the chair will hear excuses for absent members. Senator Ogden moves to excuse Senator Carona on matters of important business. Is there any objection from any member? Chair hears none, so ordered. The following message from the Governor. The secretary will read the message.
PATSY SPAW: Proclamation by the Governor of the state of Texas. I, Rick Perry, Governor of the Texas, by the authority vested in me by Article 3, Section 5, and Article 4, Section 8 of the Texas Constitution do hereby call an extraordinary session of the 82nd Legislature to convene in the city of Austin commencing at 8:00 a.m. on Tuesday, May 31st, 2011, for the following purposes: To consider legislation relating to fiscal matters necessary for the implementation of House Bill No. 1 as passed by the 82nd regular session including measures that will allow school districts to operate more efficiently, to consider legislation relating to health care cost containment, access the services through managed care, and the creation of economic and structural incentives to improve the quality of medicaid services. The secretary of state will take notice of this action and will notify the members of the legislature of my actions. In testimony whereof, I have hereto signed my name and have officially called the seal of the state to be fixed at my office in the city of Austin, Texas, on the 30th day of May. Rick Perry, Governor of Texas.
SENATOR DAVID DEWHURST: Thank you, madam secretary. The following bills and resolutions on first reading in reference to committee.
PATSY SPAW: Senate Bill 1 by Duncan and Shapiro relating to certain state fiscal matters to Finance. Senate Bill 2 by Ogden appropriating money for the support of state government for the period beginning September 1, 2011, and ending August 1, 2013, to Finance. Senate Bill 5 by Huffman and Nelson relating to the interstate health care compact to Finance. Senate Bill 6 by Shapiro relating to the foundation curriculum, the establishment of the instructional materials allotment, and the adoption and review and purchase of instructional materials and technological equipment for public schools to Education. Senate Bill 7 by Nelson relating to the administration quality, efficiency, and funding of health care, health and human services, and health benefits program in this state to Finance. Senate Bill 8 by Shapiro relating to the flexibility of the board of trustees of a school district in the management and operation of public schools in the district to Education.
SENATOR DAVID DEWHURST: Thank you, madam secretary. Members, we're waiting on a couple more bills to be printed. It's my intention to stand at ease until 10:00 o'clock; and in the meantime I think it would be helpful, I think it would be helpful, if we were able to do a caucus, get us all together; and then I'll tell you, share with you what I know and our schedule and I'd like to hear from y'all on schedule and how fast we want to move on this and then we'll be able to come back in at 10:00 o'clock. Members, I've just been notified we just called Senator Whitmire and he should be making his grand opening he said in about 30 seconds. No, I wasn't talking about you, all I said was ladies and gentlemen in about 30 seconds it will be the grand entry of the dean. That's all I said. The chair recognizes Senator Whitmire for a motion.
SENATOR JOHN WHITMIRE: Thank you, Mr. President. Members, we will recess until 10:00 o'clock and we will have a Senate caucus to go over procedural matters at this time. So, if everyone would caucus at this point in time and then we'll be back in the Senate floor at 10:00. I so move, Mr. President.
SENATOR DAVID DEWHURST: Thank you, senator. Members, you heard the motion by Senator Whitmire. Is there objection from any member? The chair hears no objection, so ordered.
(Recess to caucus.)
SENATOR DAVID DEWHURST: Members, the Senate will come to order. One of the first matters that we are going to take up now is to swear in our, for this new session, our President pro tempore at interim and that's our friend Senator Mike Jackson; and if we could ask Senator Jackson to come up on the podium. Members, the next order of business is the election of the president pro tempore. The chair recognizes Senator Whitmire to make the nomination.
SENATOR JOHN WHITMIRE: Mr. President, at this time I'd like to place a nomination Senator Jackson for President pro tempore for the -- what's the special called? Special session.
SENATOR DAVID DEWHURST: Thank you. Members, the question before us is on the election of the senator from Harris County, Senator Mike Jackson, to the office of President pro tempore. Would all those in favor please rise? It being unanimous, the motion is adopted. All right. I'll hold the bible for you. Senator Jackson, if you would raise your right hand and repeat after me. I Mike Jackson.
SENATOR MIKE JACKSON: I Mike Jackson.
SENATOR DAVID DEWHURST: Do solemnly wear.
SENATOR MIKE JACKSON: Do solemnly swear.
SENATOR DAVID DEWHURST: That I will faithfully execute the duties.
SENATOR MIKE JACKSON: That I will faithfully execute the duties.
REPRESENTATIVE DAVID DEWHURST: Of the office of President pro tempore at interim.
SENATOR MIKE JACKSON: Of the office of President pro tempore at interim.
REPRESENTATIVE DAVID DEWHURST: Of the state of Texas.
SENATOR MIKE JACKSON: Of the state of Texas.
REPRESENTATIVE DAVID DEWHURST: And will to the best of my ability.
SENATOR MIKE JACKSON: And will to the best of my ability.
SENATOR DAVID DEWHURST: Preserve, protect, and defend.
SENATOR MIKE JACKSON: Preserve, protect, and defend.
SENATOR DAVID DEWHURST: The constitution of the United States and of this state.
SENATOR MIKE JACKSON: The constitution of the United States and this state.
REPRESENTATIVE DAVID DEWHURST: So help me God.
SENATOR MIKE JACKSON: So help me God.
SENATOR DAVID DEWHURST: Congratulations, senator. Congratulations, Mr. President pro tempore. Members, it's my -- let me announce what I think our schedule is and that is we've made referral on bills, we've talked about it in caucus. In a few minutes I am going to ask for a motion from Senator Whitmire to adjourn until 1:00 o'clock on Monday but before I do that for posting purposes -- sir? Thursday. Oh, I'm sorry, did I say Monday? Thursday; but before I do that, we need to have some postings. Do you all want to go ahead and announce the timing for the committees that you want to hear?
SENATOR ROYCE WEST: Mr. President, would it be in order to move to suspend some rules in order to hear at least a couple of bills?
SENATOR DAVID DEWHURST: I think we're fine. We'll just simply not suspend and then we'll hear the bills on Thursday morning.
SENATOR ROYCE WEST: Okay because what I wanted to do is move to suspend in order to hear seven and eight, but to you just want to hear all of the bills on Thursday?
SENATOR DAVID DEWHURST: We'll leave that up to Senator Nelson and Senator Ogden.
SENATOR STEVE OGDEN: Mr. President, may I be recognized?
REPRESENTATIVE DAVID DEWHURST: You are recognized.
SENATOR STEVE OGDEN: It's the chair's intention to reconvene Finance, Thursday at 10:00 a.m. to take up all bills that have been referred to the committee and it's unnecessary to suspend any rules to do that.
SENATOR ROYCE WEST: But I don't know that seven and eight was referred to finance. I think those are the health care bills.
SENATOR STEVE OGDEN: No, I think they are.
SENATOR ROYCE WEST: Oh they are?
SENATOR STEVE OGDEN: It's in 23.
SENATOR ROYCE WEST: All right.
SENATOR JANE NELSON: Mr. President.
SENATOR DAVID DEWHURST: Senator Nelson, for what purpose?
SENATOR JANE NELSON: To clarify for Senator West.
SENATOR DAVID DEWHURST: You're recognized.
SENATOR JANE NELSON: Senator West, Senate Bill 7 and 8 that we passed during the regular session have been rolled into Senate Bill -- what was Senate Bill 23 and it is a new Senate Bill 7, and that has been referred to Finance and we're going to hear it on Tuesday -- Thursday, I'm sorry.
SENATOR DAVID DEWHURST: All three of those bills have passed out of here unanimous as I recall. All right. Senator Shapiro, for what purpose?
SENATOR FLORENCE SHAPIRO: It is the chair's intent in Education to take up the bills that have been referred to the Education Committee on Thursday at 9:00 a.m.
SENATOR DAVID DEWHURST: Thursday at 9:00.
SENATOR FLORENCE SHAPIRO: Yes, sir.
SENATOR DAVID DEWHURST: All right. Excellent. So, I'm going to recognize Senator Whitmire for a motion to adjourn until 1:00 p.m. Thursday pending the reading and referral of bills, the receipt of messages, and the receipt of any committee reports.
SENATOR JOHN WHITMIRE: I would move that the Senate adjourn until 1:00 p.m. Thursday pending the reading and referral of bills, receipt of messages, and receipt of committee reports; and I am also asking that we do this in memory of Gene Gately Phillips a civic leader in Senator Hinojosa's district that has passed away Sunday -- and I'll bring you the name, Gene Gately Phillips.
SENATOR DAVID DEWHURST: Thank you, dean. Members, you have heard the motion by Senator Whitmire. Is there objection from any member? Chair hears no objection, so ordered. We have referred six bills. There needs -- in preparation for the hearings on Thursday which will last most of the day and perhaps some on Friday, there needs to be a lot of preparation. So, I know you all will get to work, and then Senator Eltife, if you'd come in and brief me on all those bills.
SENATOR KEVIN ELTIFE: I am going to go home tonight and review all those bills, governor, and give you a report in the morning.
SENATOR DAVID DEWHURST: Great.
SENATOR KEL SELIGER: The Senate will come to order. The following message from the Governor. The secretary will read the message.
PATSY SPAW: To the Senate and House of Representatives of the 82nd Texas Legislature First Called Session; whereas, the people of Texas through their state constitution have placed the power to call the legislature into special session in the hands of the chief executive office of the state; and whereas, the members of the 82nd Texas Legislature First Called Session have now convened to consider items presented to them by the Governor. Now, therefore, I, Rick Perry, Governor of the state of Texas, by the authority invested in me by Article 4, Section 8, and Article 3, Section 40 of the Texas Constitution do hereby present the following subject matter to the 82nd Texas Legislature First Called Session for consideration; legislation relating to congressional redistricting. Rick Perry, Governor of Texas.
SENATOR KEL SELIGER: The following bill on first reading in reference to committee. The secretary will read the bill.
PATSY SPAW: Senate Bill 4 by Seliger relating to the composition of the congressional districts for the state of Texas to the Committee on Redistricting.
SENATOR KEL SELIGER: Pursuant to a motion previously adopted, the Senate stands adjourned until 1:00 p.m. Thursday pending the reading and referral of bills, the receipt of messages, and the receipt of committee reports.
(Adjourned.)
