SENATOR KEVIN ELTIFE: Senator Harris.

SENATOR CHRIS HARRIS: Are you finally going to start?

SENATOR KEVIN ELTIFE: We're about to start. We were waiting for you to give us the okay. Is it okay to start?

SENATOR CHRIS HARRIS: Don't get me to going on that, Mr. President.

SENATOR KEVIN ELTIFE: Thank you, Senator Harris. On behalf of Senator Harris, the Senate will come to order. All on the floor and in the gallery please rise for the invocation to be delivered by Mr. Grover Norwood, Heart of Texas Foundation of fuser.

PASTOR: Good morning. Let us pray, please. Our heavenly Father, every man and woman in this room knows that all rocks roll downhill. It's the children who are at the bottom. They have no vote, no voice, and no influence. Every single act we adults perform, execute, or legislate ultimately affects the children. Whether we act in Austin or in Amarillo, in Del Rio or Dalhart, it's our children who are ultimately impacted either for good or for bad. Father, our state is precious to all of us. Our people are precious to us. And our children are most precious of all. They are more important than anything, and it is ultimately for them that all the good we do must stand. Our God, we pray today that our decisions made in this hallowed place will, in this session more than any of those in the past, bring to our children a Texas even more kind, more gentle, more fair, and more nurturing than it has ever been. Thank you for Texas, for our Texas, for our little ones who are counting on us to keep them in mind in all we do, for it cannot be about us, it cannot be about the next election. It must be about them, the next generation. Help us to love them well, love them fairly and faithfully, and to conduct our work in this place with a unity and a glorious sense of purpose that is far above ourselves. It is You to whom we must answer. We thank You for this great responsibility, and for the honor of being the ones chosen for such a time as this. God give to us Your wisdom and Your sacred heart of love, and may that love show in every debate, every opinion, and every action. And may the day soon come when Texas will have removed all the things which trip up our children and that the pace for that great movement will have begun right here and continued forward, this very day.

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

SENATOR DAN PATRICK: Yes, Mr. President and members. Thank you, Grover, for being here. Many of you have seen our movie the Heart of Texas of which is the story of a number of people out near Katie, Texas and Full Shore that took place many years ago. Grover today is one of our leading chaplains in our state prison ministries going prison to prison. And through the work of Senator Whitmire who is not with us yet on the floor, we went with Grover to Angola prison in Louisiana, saw the amazing work they are doing there by having the first and only seminary in the country where they train pastors from their prisoners who are serving long sentences to change the culture of prison to move across the state in other prisons. With the hand of God the leadership of Senator Whitmire, Grover, and whatever part I helped play in that, I'm proud to say that we are about to open the first seminary in a Texas prison this year. Totally paid for by private funds, no dollars to the tax payers and the goal of that seminary, four year seminary will be to train prisoners who have long sentences to be pastors, change the culture of our prisons to make them safer for the staff, the prisoners and also change the character of the men and women who are there so they can come back safely in our communities. We're in a state where we parol about 70,000 a year. So I want to thank Grover for his leadership, it would not happen without him. I want to thank Senator Whitmire and all of you can go to the Texas Heart Foundation.org and learn all about the Texas Heart Foundation. And thank you for being here today, Grover. Thank you, Mr. President.

SENATOR KEVIN ELTIFE: Thank you, Senator Patrick. Thank you Mr. Norwood for being here today. We appreciate it. The Chair recognizes Senator Watson to introduce the doctor of the day.

SENATOR KIRK WATSON: Thank you very much, Mr. President, I'm very honored to introduce to you Dr. Dana Sprute. Dr. Sprute is trained at the National Institute program director of fellowship, she's currently involved in that and we anticipate that she will finish that very shortly. In fact the target date is June 20th of this year and she's currently involved in that in that program. Her employee -- she's been an assistant professor at the University of Texas Southwestern School of Medicine and she did her residency at the UT Southwestern Austin family medicine residency program right here in Austin, Texas. A program that we're very pleased to have in Austin and pleased to see growing. So members, please help me thank and welcome Dr. Dana Sprute for being our physician of the day.

SENATOR KEVIN ELTIFE: Thank you, Senator Watson. Thank you Dr. Sprute for being with us today. Mr. Doorkeeper.

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

SENATOR KEVIN ELTIFE: Who might that messenger be?

MR. DOORKEEPER: Representative.

SENATOR KEVIN ELTIFE: Admit the messenger.

GARY GUESSY: Thank you, Mr. President. I'm directed by the House to inform the Senate that the House has taken the following action. The House has passed the following measures -- HB648, HJR98, SB398, SB410, SB428, SB4 --

SENATOR KEVIN ELTIFE: Thank you, Mr. Messenger. We appreciate having you here. Chair recognizes Senator Hegar for an introduction.

SENATOR GLENN HEGAR: Thank you, Mr. President and members. I consider it a privilege to recognize a special group of visitors in the gallery from Senate district 18. Some members of the Republican Women of Yoakum have traveled to Austin today to observe the House and Senate in action. Although the group is made up 110 members and associate members from Lavaca, Dewitt and Gonzales counties, in the past year they participated in Victory, Texas in the building of the party contest sponsored by Speaker Straus. They received second place for the largest clubs in the contest. Members, please join me in welcoming this wonderful group of women to the Texas Senate and if y'all would please rise, it is my privilege for you to be here today.

SENATOR KEVIN ELTIFE: Thank you, Senator Hegar, welcome to the Texas Senate. Thank you for being here. Chair lays out to the following resolution. Secretary please read the resolution.

PATSY SPAW: Senate Resolution 991: WHEREAS, The Senate of the State of Texas is pleased to join Texans across the state in observing October of 2011 as Inflammatory Breast Cancer Awareness Month; and WHEREAS, Inflammatory breast cancer is a type of breast cancer in which cancer cells block the lymph vessels in the skin of the breast; symptoms, which may appear overnight, are similar to those of mastitis, a benign infection; this similarity sometimes results in misdiagnoses and delays in treatment, and such postponements in care often result in an eventual Stage IV diagnosis; and WHEREAS, Accounting for less than five percent of breast cancer cases, inflammatory breast cancer is the most aggressive form of the disease, due to its faster doubling time; its five-year survival rate is approximately 40 percent, mainly because of delays in diagnosis, the disease's resistance to treatment with standard chemotherapy, and a lack of expertise in treating this rare form of cancer; and WHEREAS, Because it does not form the characteristic lump that can alert women to the presence of breast cancer, inflammatory breast cancer can quickly spread undetected throughout the breast and is also rarely detected by mammograms or ultrasounds; and WHEREAS, The treatment of inflammatory breast cancer differs from other breast cancer treatments, and early diagnosis by a physician with experience in caring for inflammatory breast cancer is essential; it is truly fitting that a month be set aside to raise awareness about this devastating disease through education of the general public and the medical community; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 82nd Legislature, hereby commend those who are working to fight inflammatory breast cancer and call on Texans to observe October of 2011 as Inflammatory Breast Cancer Awareness Month; and, be it further RESOLVED, That a copy of this Resolution be prepared in honor of Inflammatory Breast Cancer Awareness Month. By Huffman.

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

SENATOR JOAN HUFFMAN: Thank you, Mr. President and members. I'm so pleased to bring forward in resolution on behalf of Ms. Terri Arnold, an inflammatory breast cancer survivor and advocate to help raise awareness and education for this terrible cancer. She is joined today by other inflammatory breast cancer patients, ambassadors and advocates, representatives for the Koman Race for the Cure, and members of the MD Anderson Cancer Center in Houston. MD Anderson is home to the Morgan Welch IBC clinic, the first in the world that is solely dedicated to treating and studying this specific type of breast cancer. Many of my colleagues including Lieutenant Governor David Dewhurst, Senator Zaffirini and Senator Wentworth were instrumental in securing funding for the clinic and I thank them for their efforts to combat this deadly disease. We're also joined by Ben Munoz of Ben's friends.org, Dale Morris of American Airlines and Senator Tim Jennings of New Mexico. Senator Jennings is very involved in IBC research in New Mexico and we're very honored to have him today in the Texas Senate with us. Members, this type of breast cancer is unique in that it does not form a lump, it is aggressive, often fatal and commonly misdiagnosed. On behalf of all IBC patients I thank those who are here today who are dedicated in researching and treating this disease. I ask y'all to please rise and welcome y'all to the Senate and thank you for all that you do for women. Thank you. Welcome to the Senate. Mr. President, I move adoption of the resolution.

SENATOR KEVIN ELTIFE: Senator Huffman moves adoption of the resolution. Is there objection? Chair hears none, resolution is adopted. Thank you, Senator Huffman. And thank you for being in the Texas Senate today.

SENATOR JEFF WENTWORTH: Mr. President.

SENATOR KEVIN ELTIFE: Senator Wentworth, for what purpose?

SENATOR JEFF WENTWORTH: Mr. President, I just wanted to add my congratulations to Senator Huffman and to thank Senator Jennings who is not only a Senator from New Mexico but who is the president pro-tem of the Senate in New Mexico and has served there something like years and we're honored to have you in the gallery. Thank you, Mr. President.

SENATOR KEVIN ELTIFE: Thank you, Senator Wentworth. Chair lays out to the following resolution. Secretary read the resolution.

PATSY SPAW: Senate Resolution 874 commending the Justin Ford Kimball high school boys basketball team on winning the 2011 University Interscholastic League class 4A state championship. By West.

SENATOR KEVIN ELTIFE: Chair recognizes Senator West on the resolution.

SENATOR ROYCE WEST: Mr. President and members, I present these young men, introduce to others Justin Kimball Knights 4A state champions for the year 2011. You know, I served in this body for some 18 years and the reality is, Senator Hinojosa, I've been able to introduce the Kimball Knights on numerous occasions before this body as state champions. I stand before you today, as one of our ministers would say, Peacock proud and bursting at the seams to have as guests on the floor the UIL class 4A boys basketball champions. The 2011 champions a chapter in eight tournament appearances in the school storied hardwood history. The Kimball Knights beat their opponents -- where's Senator Jackson? Okay. Senator Jackson's not here. Wherever you are, Senator Jackson I want to make certain that you know we beat the La Marque Cougars 78 to 64 to claim the coveted crown. Their basketball dominance was the total determination and -- of an outstanding team. Each one of those young men being very focused not only, Senator Harris, on athletics but also academics. Coach Royce Johnson. Coach Royce Johnson, okay. Was able to supported by his all of his assistant coaches, Toby, Ryan, Robin, Bo, thank you for working very closely with Coach Johnson. Joining me on the floor members are the champion Knights including Junior and he will be back again next year, Shannon Little who was named the MVP with 23 points in the championship game. Senior Austin Franklin, Jayline Jones and Junior Lilly. Okay let's -- let me start this over. Shannon, raise your hand. You got to raise your hand. Get it up, get it up. All right. Shannon was the MVP with some 23-points and will be back next year. Austin Franklin, Austin? Okay. Jaylin, and Junior Lilly. Again, Lilly made the all tournament team. Mr. President and members, I'd ask that you please join me -- well, first of all -- And Coach Royce Johnson, would you please raise your hand. Now, here's the deal his father used to also, Senator Lucio, coach at Justin Kimball and now, he's with the administration and, Senator Gallegos, we recognize the youth to play basketball but also as his father raised his hand also. So you can imagine how a father feels to have his son coach the team that his father in many past appearances coached here before state championships. Now his son is one of the first ones. All right, Royce? You've appeared how many times now? He's had four appearances here. But his father now has his son coaching the same team, accomplishing some of the same goals that he's accomplished. Members, I'd ask that you welcome the 2011 UIL 4A basketball team on the floor this evening and this afternoon and pass this resolution, the Knights of Justin F. Kimball High School.

SENATOR KEVIN ELTIFE: Senator West moves adoption of the resolution. Is there objection? Chair hears none, resolution is adopted. Thank you, Senator West. The Chair lays out the following resolution. Secretary read the resolution.

PATSY SPAW: Senate Resolution 893 commending Martha L. Valencia on her outstanding accomplishments and many contributions to the well being of the citizens of south Texas. By Hinojosa, Lucio, and Zaffirini.

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

SENATOR JUAN HINOJOSA: Thank you, Mr. President and members. Today we honor a woman, a lady who lived the American dream, her family's originally from Columbia, South America and she came to the United States to be a very successful business person, Martha Valencia, and the leading businesswoman from McAllen. She owns and operates several successful businesses which have focused on the freedom of the elderly, physically impaired, medically underserved population in El Paso, Webb, Zapata, Starr, Hidalgo, Lucy and Cameron counties. One of her businesses, Americare Nursing Services, has been solely owned and managed by Martha Valencia for the past 16 years and has served over 12,000 patients and made over 600,000 visits to patients' homes. She employs over 250 people for south Texas and has made many contributions to south Texas. She participates and contributes to numerous nonprofit efforts in south Texas including the international museum of art and science, the American Cancer Society and the Morgan Diabetes Association and many other organizations. She's very much involved with the community. She is well known and respected by the chamber of commerce and also in the medical arena and before I continue to recognize a special guest on the floor, I would like to yield to my good friend Senator Eddie Lucio.

SENATOR KEVIN ELTIFE: Senator Lucio, you're recognized on the resolution.

SENATOR EDDIE LUCIO: Thank you, Mr. President and members. Thank you, Senator Lucio, for SR893. I am always very grateful to see people from the valley being honored here in Austin and Ms. Valencia, your work with nonprofit, the medically underserved is truly inspiring to me because we have so many in our area of the state. Americare Nursing Services and a great example, members, of how businesses can be part of the solution to some of the state's most present needs. Your business shows how compassion and business can go hand in hand to make Texas better and affording many who are not able to afford health care an opportunity to have a better quality of life. Because of that, I'm so happy that we have an opportunity here on the Senate floor to recognize your good work, recognize your business, and all the people that are being impacted in the Rio Grande valley because your efforts. So thank you, Martha Valencia, you know all you do for the people of our great state. Thank you, Senator.

SENATOR KEVIN ELTIFE: Senator Hinojosa.

SENATOR JUAN HINOJOSA: Mr. President and members, I have to tell you that we always talk about being aggressive, being interjected, being focused and Martha Valencia represents all those good qualities that make for a very successful person here in Texas and south Texas and with her on the Senate floor we have, of course, Martha Valencia, we have Alejandro Arango, and Mario Garza, the administrator of Americare Nursing Services. So please help me welcome and honor this fine young family here in the Texas Senate.

SENATOR KEVIN ELTIFE: Senator Hinojosa moves adoption of the resolution. Is there objection? Chair hears none, resolution is adopted. Thank you, Senator Hinojosa. Thank you, Senator Lucio. The Chair lays out the following resolution, secretary read the resolution.

PATSY SPAW: Senate Resolution 740, WHEREAS, The Senate of the State of Texas is pleased to recognize the 149th Air National Guard for its valuable contributions to the people of Bexar County and this state through its mission at Lackland Air Force Base; and WHEREAS, The federal mission of the 149th Air National Guard provides training of F-16 pilots and combat personnel for worldwide operations; and WHEREAS, In 2009, the mission of the 149th Air National Guard at Lackland Air Force Base provided an economic impact to the San Antonio area of over $100 million and more than 1,000 directly and indirectly related jobs; and WHEREAS, In addition, the 149th Medical Group serves the State of Texas in several capacities; it is the on-call medical team for the Federal Emergency Management Agency Region 6 for emergencies and was the lead medical unit responding to recent hurricanes, including Hurricane Katrina; and WHEREAS, The 149th Air National Guard is currently flying the aging F-16 airframe and is in the process of retiring it and replacing it with the F-35, Lightning II airframe in order to secure a vibrant, frontline fighter mission; and WHEREAS, The 149th Air National Guard's mission is of supreme importance to our state and nation and has been a welcome benefit to the welfare of our state, and it is important that Texas lend its support to the F-35 airframe transition and proudly advocate that Lackland Air Force Base be on the next list of basing locations; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 82nd Legislature, hereby extend its full support to the 149th Air National Guard's transition from the F-16 airframe to the F-35, Lightning II Fighter aircraft and advocate that the United States Department of Defense name Lackland Air Force Base to the next list of the F-35 base locations; and, be it further RESOLVED, That a copy of this Resolution be prepared as an expression of admiration and appreciation for the 149th Air National Guard by Van de Putte.

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

SENATOR LETICIA VAN DE PUTTE: Thank you, Mr. President. Mr. President and members, I am delighted to bring forth this Senate Resolution with the members of the 149th fighter wing here on the Senate floor. Members, you must know how proud we are in San Antonio but in Texas of the history in 149th. In fact both our senators have joined with us, Governor Perry, and the members here in Texas to make sure that Texans are aware of the 149th and our ability to handle the new F35A frame. Right now the 149th is an F16 flying training unit that includes a support group with worldwide mobility commitment and they have done that time and time again. The corner stone of the 149th flying mission is the 182nd fighter squadron, whose role it is to take pilots and other experienced air crew or recent graduates from the U.S. Air Force undergraduate pilot training and qualify them and deploy with the F16s. With recent develops and technology, the F35A would replace the 1980s F16s and only help Lackland Air Force and our future pilots into the 21st century. And members, I got to tell you that F35A is one amazing aircraft. With its traditional takeoff and landing variance, it's the smallest, lightest F35 version and it is the only variant equipped with an internal cannon which is designed for increase effectiveness against ground targets compared to the cannons carried by the other United States Air Force fighters. And in fact according to John Beasley our F35 chief testing pilot the F35A is expected to match the F16 in maneuverability, in instantaneous and high sustained HG performance and out performance in stealth payload raid on internal fluid, avionics, operational effectiveness, supportability and most importantly survivable. Members, I want you to know that this is a full Texas effort. We want to secure that F35 and have it over at the 149th and today on the floor I'm pleased to recognized members of the 149th Air National Guard. We got Chief Master Sergeant John Mead who's with us today, Major Eric Cox. Lieutenant Colonel Don Kang, Lieutenant Colonel Gordon Niebergall and my dear friend Colonel Connie McNabb. And up in the gallery I want to recognize the remaining members so that they can be recognized. This is a win win for Texas, for San Antonio, for Lackland as we continue to train our nation's pilots. Please join me in a round of applause for the 149th. We stand behind you, best of luck. Mr. President, I move adoption of Senate Resolution 740. And would you please rise all the other members who are here from the 149th. There you are up in the corner. Thank you.

SENATOR KEVIN ELTIFE: Thank you, Senator Van de Putte. Senator Van de Putte now moves adoption of the resolution. Is there objection? The Chair hears none, the resolution is adopted. Thank you, Senator Van de Putte. The Chair lays out to the following resolution. Secretary please read the resolution.

PATSY SPAW: Senate Resolution 895 proclaiming May of 2011 to be Elder Abuse Prevention Month in Texas by Nelson.

SENATOR KEVIN ELTIFE: Chair recognizes Senator Nelson on the resolution.

SENATOR JANE NELSON: Thank you, Mr. President and members. Senate Resolution 895 recognizes May as Elder Abuse Prevention Month. Older Texans are vital members of our society and their wisdom and experience enrich all of our lives, they deserve to live in an environment free of abuse and neglect. Unfortunately too many of our elders and adults with disabilities are isolated and dependent on others for their care, factors which put them at risk for abuse. Protecting vulnerable adults from maltreatment is everyone's business. In the gallery today are community volunteers and professionals who make it their business and we thank them for their dedication and our group includes our Department of Family and Protective Services commissioner Ann Helligan Stein and assistant commissioner for adult protective services Beth Ingelking. I'd like to ask them to please rise and members, help me welcome them and thank them. Mr. President, I move passage of this resolution.

SENATOR KEVIN ELTIFE: Senator Nelson moves adoption of the resolution. Is there objection? Chair hears none, resolution is adopted. Thank you, Senator Nelson. Chair lays out the following resolution. Secretary read the resolution.

PATSY SPAW: Senate Resolution 902 declaring May 4th, 2011, as United Technologies Corporation Legislative Day by Hinojosa.

SENATOR KEVIN ELTIFE: Chair recognizes Senator Hinojosa on the resolution.

SENATOR JUAN HINOJOSA: Thank you, Mr. President and members. In the south gallery today I'm proud to present a great group of people from United Technologies Corporation. This corporation is a diversified corporation providing a broad range of high technology products and services to the global aerospace and commercial building industries. United Technologies Corporation employs over 205,000 people and 3800 of those people are in Texas. So you can tell they help our economy and keep our people employed. With us on the south gallery, and I would ask them to please stand is Martin Delaramo, United Technology Corporation Hartford, Connecticut. We also have Tom Zanzone, Hamilton (inaudible) Houston, we also have Renee Wilson,

(inaudible) technologist, (inaudible) Aerospace Company out of Dallas and we have Christy McCarland, Otis Elevator Company from Austin. And we also have Jim Obert in Whitney. And members, United Technology Corporation has an exhibit in the legislative conference room. Please stop by and learn about this great corporation. Please help me welcome all these great people who are up in the south gallery from United Technologies Corporation. Thank you for being here.

SENATOR KEVIN ELTIFE: Senator Hinojosa moves adoption of the resolution. Is there objection? Chair hears none, resolution is adopted. Thank you, Senator Hinojosa. The following report from the nominations committee. The Chair recognizes Senator Deuell to explain the report.

SENATOR BOB DEUELL: Thank you, Mr. President and members. This is probably the easiest thing we'll do today. I move to confirm the nominees that are listed on the committee action report placed on your desks. These nominees were taken up at our Monday May 2nd meeting.

SENATOR KEVIN ELTIFE: Are there any request to sever? Hearing none Senator Deuell reports that the nominees favorably from the committee be confirmed. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, the nominees are confirmed. Thank you, Senator Deuell. The Chair lays out to the following resolution. Secretary please read the resolution.

PATSY SPAW: Senate Resolution 765 commending the 6th class of the Senator Gregory Luna legislative scholars and fellows program by Uresti.

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

SENATOR CARLOS URESTI: Thank you, Mr. President and members. Good afternoon. We have a very special group of people with us today. I can't call them guests because they have been working right along beside of all of us since day one of the session. I'm sure you recognize each one of them. Our Luna scholars. You may not have a Luna scholar in your office, members, but you have worked directly with any of these bright young people and I guarantee you your staff has worked with them as well and they have analyzed or otherwise vetted a bill on your agenda. The Luna scholars is a great program named for a great man, the late great Senator Gregory Luna was an advocate for education and a champion of young people in our state who need only opportunity to succeed. Senator Luna would be proud of what has been accomplished in his name and for ten years the Luna scholars program has produced the next generation of leaders for Texas. It's a program that's making the future secure not just for the individuals who participate but for our entire state and this program is not for the faint of the heart, these young men and women are directly involved in the legislative process analyzing bills, requesting committee hearings, putting together bill books, embedding the support and opposition. They do it all working long hours not for the modest stipend they receive but for the experience, the knowledge and the lifetime friendships that they make. The Luna program has become well known throughout capitol. It has earned the reputation for bringing talented driven individuals to the legislature and introducing them to the legislative process. And today I want to introduce them to you members. As a chairman of the Senate Hispanic caucus is my great good fortune to have Luna scholars on my staff this year. First we have Elizabeth Crawford who is a native of Vera Cruz, Mexico. She earned a bachelors degree in political science at Texas A&M University Kingsville and is pursuing a masters degree in history and politics. She has lived in Texas, Mexico and Michigan where she established a nonprofit organization active for life on cancer in order to educate young people about the disease and encourage prevention efforts. We also have Roy Atwood with us. He was raised in San Juan and the Rio Grande Valley and is the youngest of four children. He obtained a bachelors degree in political science at the University of Texas at San Antonio where he worked as a staff assistant for Representative Sedo Rodriguez. With that, members, I will yield, Mr. President, I will yield. I believe we have some other members that would like to introduce their Luna scholars.

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

SENATOR EDDIE LUCIO: Thank you, Mr. President and thank you, Senator Uresti. Members, I too rise to you to introduce to you Yesenia Lugo, the Luna scholar working in my international relation and trade committee office. Yesenia has proved to be a great asset to our office this session. She has been the staff person on hand for bills that are especially significant to district 27 that address issues such as colonia, housing and water infrastructure. Yesenia is from Little River Academy, Texas and will graduate from the University of Texas at Tyler with a major in political science and a minor in international relations. In the future Yesenia hopes to attend Seaton Hall University's Whitehead school of diplomacy and international relations to complete a dual masters degree in diplomacy and a masters in business administration. More than an extremely bright and competent young leader, Yesenia has a passion matched by no other. It is a privilege to have such a tremendous young woman on my staff and I want to thank you publicly, Yesenia, for all that you have done for us here at the state Capitol. Thank you.

SENATOR DAVID DEWHURST: Thank you, Senator Lucio. The Chair recognizes Senator Estes.

SENATOR CRAIG ESTES: Thank you, Mr. President and members. I would like to introduce our Luna scholar Ryan Alter. Ryan, raise your hand. Ryan is a percussionist in the Longhorn band and he has been an invaluable asset to my office, hate to see him go. Ryan, you're smart, you're quick witted and you got a knack for networking and I know that's going to do you well in your pursuit of a political career. So thank you for being a part of team Estes.

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

SENATOR KEL SELIGER: Thank you, Mr. President. I don't know what qualified me to host a Luna scholar but I had the privilege of doing that since the first session I spent in the legislature and this program has made a difference in my office and I hope a difference provided by that service in my office to the people of the 31st Senate district. For this session I have the privilege of hosting Mr. Omar Gomez from San Antonio who will now raise his hand. Omar is a graduate of the University of Texas at San Antonio. He has a bachelors and a masters degree in political science. At the university Omar was president of the Graduate Political Science Association where he worked to raise the political participation of the student body and the local community. This past summer he successfully petitioned the Bexar County commissioners court to include UTSA as an early voting site. During the last midterm, Omar helped fund raise organizing campaign for multiple candidates throughout Bexar County and in my office he focuses on redistricting, immigration and transportation issues. I hope that this office has made the kind of contribution that will help contribute to Omar's success in the future because he is going to be a great success and a great example to other people and we are very, very proud to have him. We'll always be proud that he spent the 82nd legislature in our office. Thank you.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. The Chair recognizes Senator Zaffirini.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. Mr. President and members, it is my pleasure to rise in support of Senate Resolution 765 recognizing the 6th class of the Senator Gregory Luna legislative scholars program. And thank you, Senator Uresti, for your leadership in making this program possible this session. We appreciate your leadership. The Luna scholars are among the best and the brightest and all of us in the Senate covet them to work in their offices. One former Luna scholar Thomas Versano is now the committee clerk for the Senate's higher education that I chair and another Michael Dough is a legislative aid who travels with me between the Capitol and Laredo. So some of the Luna scholars that you see today joining us in the Senate may be in your offices permanently tomorrow. This year's Luna's scholars have met and exceeded the high standards and expectations set by the program. I'm especially fortunate that one of them Priscilla Whittinger, would she please step forward, interns in my office. A native of Houston Priscilla graduated from Welsey College in Massachusetts in May with a BA in political science and a minor in Italian studies. During her time there she was an intern at Senator Rodriguez' office and mentored young women through Teen Voices in downtown Boston. She was also vice president of MESCLA, the Latina students' political organization on campus and studied in Italy for a semester. In addition to interning at my Capitol office, she is pursuing a master of public affairs at the LBJ school of public affairs at UT Austin. Priscilla, we are so thankful for your leadership and joining our team this session and we appreciate your hard work. We thank you and your fellow Luna scholars for your dedication, for your integrity and for your leadership in joining us and working for the Texas Senate. Thank you all. Thank you, Priscilla, for everything you do.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. The Chair recognizes Senator Van de Putte on the resolution.

SENATOR LETICIA VAN DE PUTTE: Thank you, Mr. President. Senator Uresti, thank you. Thank you for all that you do as the Hispanic caucus Chair and particularly our institute and the wonderful Luna scholars. You know, I am grateful not just because of your efforts because I hold the seat district 26 where our beloved Gregory Luna was the Senator for so many years and as you know scholar Gregory Luna first and foremost was about education and we thought it was so fitting to name our intern program after Senator Gregory Luna. And every year, every legislative session we have the opportunity to host these young men and women with such enthusiasm that they come to our offices and most of them for this great experience. I can tell you that there are people all over the Capitol that were Luna scholars and that continues to be the case. I'm especially proud to have two Luna scholars in our office this year. The first lady -- and I would ask Maria Garcia to step forward. Maria, her hometown is in California but she is at the University of Texas at San Antonio and she's a BS in political science with minors in legal studies and French. She'll be graduating with the highest honors and an international distinction. She's a member of the UTSA Institute for law and public affairs, Phi Alpha Delta, Oma Cron Delta Kappa and the honors alliance. After this legislative session, she plans to attend law school. In working with Maria she had been a joy in my office and if there was one word I would use to describe her it is perseverance. She did not give up. She keeps on until the goal is completed and that will serve you well, it served you well in our office but it will serve you well throughout your life. The next young man I'd like him to step forward is Daniel Vasquez and Daniel is originally from Senator Gallegos' hometown and his district, still has a lot of family members in Houston but he graduated in the Woodlands in Senator Williams' district. He graduates in December from UT Austin with a bachelors in government. Hook 'em, hook 'em, hook 'em. And after this legislative session he will participate in the University of Texas at Austin semester in DC in the Archer program. This is the program where the fellows go at the Department of Education and he's going to be in the office of planning evaluation and policy development at the U.S. Department of Education. Now, I know he's going to tray to take some Texas common sense up there with him when he gets to the U.S. Department of Education and we know that he wishes to continue his career in policy implementation. If I had one word to say about Daniel it would be attitude and enthusiasm. He walks in every day saying, what can I do for you, what can I do to make this office successful, what can I do to further this piece of legislation, what can I do to help the other team members in the office, it is that energy, that attitude and the enthusiasm has your driving force and it's going to suit you very well and it has here and it will suit you very well in life. I am proud of my two scholars and thankful that because Maria and Daniel are just the examples of two of the best in Texas today.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Chair recognizes Senator Rodriguez on the resolution.

SENATOR JOSE RODRIGUEZ: Thank you, Mr. President and members. I too rise to join Senator Uresti in his resolution 765. Senator Uresti and Senator Van de Putte, I was very honored to actually know Greg Luna because as you all know he spent many years with the MALDAF, Mexican American Legal Defense and Education Fund on the board and I've been serving on the board now for 16 years and had the opportunity to do some work with him in his later years. I want to take this opportunity to congratulate all of the Luna scholars who invited me to speak to them, as you did, some of the other members and found you all very interesting to talk with. Everybody has a strong background and I am confident that you all will make your mark here in this state and this nation indeed. It is a pleasure to introduce the Luna scholar in my office -- and by the way how do I get two instead of just one the next time around? Maybe because I was just a freshman I guess. But anyway the one that I had I have to tell you, members, Ryan Delgado was stellar in the office, he's a young man from Mcallen, Texas and it's a area which I grew up in. He's been working in my office throughout this legislative session. He attended Columbia University where he graduated with a bachelors in political science in May of 2010. Prior to applying to the Luna scholars program. Ryan was both involved in New York, imagine this, New York and Texas politics where he was an active member of the College Democrats Columbia political union and MAL United Nations. Although Ryan had previously worked in city and federal government in the northeast, his interest in state politics drove him to apply to the Lunar scholars program and brought him here back to Texas to our good fortune. While in my office, Ryan has assisted me with the health and human services issues as well as immigration. These are two areas that both he and I share a keen interest in and consider to be of the utmost importance for the future of this state. Ryan in the future also hopes to attend law school as some of you are doing and pursuing a career in international and corporate law. Thank you, Ryan, for helping me during this first year, my freshman here in the legislature. I want to wish you good luck in your assuredly bright future, and I know we'll be seeing you again around these parts. Thank you.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Chair recognizes Senator Hinojosa on the resolution.

SENATOR JUAN HINOJOSA: Thank you, Mr. President and members. You know, I've always enjoyed working with the Luna scholars and it's all amazing to be around these young people who have this energy and enthusiasm and for us older folks it really makes us work in trying to keep up with the new ideas and energy levels. But let me tell you today having worked with Luna scholars, I have a Luna scholar that worked for me and is now working in my office and today I'd like to introduce another one Andrea Gutierrez. Andrea Gutierrez worked with me last session, she liked it so much and she applied to the Luna scholar program and got accepted. And then there's a lady from my district who is working with me for the second session. She graduated from University of Texas at Austin with a bachelor degree in government with a minor in business, and by the way, she has to work with two Aggies from A&M in the office and they get along just fine. Her interest in Texas politics led her to apply for a Luna scholar this session, something she enjoys very much. In my office she researches legislation in the agriculture committee and although she had never studied the subject before I can guarantee you she has become an expert in topics such as deer management programs, deer mules and equine dentistry. I don't even know what that means. Andrea plans on continuing her education in the near future by attending law school and plans to focus specifically on immigration law in hopes of some day returning back to Rio Grande valley and practicing law in her hometown. I just want to thank you Andrea for all our hard work and thank you for taking care of my legislation and working well with those around you and that's Andrea Gutierrez. And if I may, Mr. President, I just want to recognize one of my also constituents from Pagollas, Andre Garcia. Andre, her father is Mario Garcia and her aunt is Myra lee Roy and thank you for being a part of this program. Andrea Garcia and also another constituent of mine -- boy, I'm taking over the Luna scholar program, right, is Ryan Delgado. Ryan also comes to the Rio Grande valley. His father is a state district judge. Judge Julio Delgado and also thank you for your fine work with the Luna scholars.

LT. GOVERNOR DAVID DEWHURST: Senator, thank you so much. Chair recognizes Senator Watson on the resolution.

SENATOR KIRK WATSON: Thank you, Mr. President and members. It's my pleasure to introduce the Luna scholar that's been working in my office this session. And his name is Mr. Lionel Aguirre. Now, some of you may recognize that name, he is Leo Aguirre, Jr. and many people know his father as a fixture around this Capitol. But you also -- many of you know, knew his mother Lena Guerrero who was clearly a fixture around this Capitol for many years and held -- was a state representative from Travis County and was railroad commissioner and it's one of those rare instances that we get to sometimes do in public office where you know somebody literally all his life and then you look up one day and this grown man is in your office working as a dedicated Luna scholar. In fact the only mistake that I can really tell that he's made while he's worked in the Senate office this session is he showed up fairly recently with a picture of me and him back when I was mayor of the city of Austin and he was about eight years old. He's changed quite a bit, I haven't changed at all, I'll just point that out. So I'll just say as a point of kind of personal privilege, not only have we really enjoyed having Leo in the office, he's done really great work. We all know how good it is. When you hear from the constituents about somebody who's done a good job for you and we've had that kind of feedback on him. He's worked on bills, sat in the committee hearings on some of the bills that he's worked on that have passed to the of committee. He's been great but it's also been wonderful personally for me to have somebody who I've watched grow up. Leo and his dad and I used to talk every time I'd run into his dad in the hallway, I'd always check on him because Leo graduated from New Mexico State University where he was a star baseball player out there and now is getting to do this work with us here in the Texas Senate. I want to say thank you to Leo and commend him on doing a great job.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. The Chair recognizes Senator Duncan on the resolution.

SENATOR ROBERT DUNCAN: Thank you, Mr. President and members. I want to introduce to you Matthew Hall who has been our state affairs intern and Luna scholar. Matthew's the son of John and Michelle Hall of Fort Worth, Texas. He earned a bachelors degree in political science at Texas A&M international in Laredo in 2009 and currently is a graduate student at Texas State University in San Marcos. Majoring in political science with a focus on security studies, diplomacy and international relation. Matt is a smart guy. He has taken on some really tough assignments in the state affairs committee. He has a real interesting background between his undergrad and grad school he worked as a -- worked in the in north -- in South Korea in Pashoe, South Korea along the country's demilitarized zone border with North Korea. He was a teacher at a local middle school teaching English as a second language and instructing extra classes in history, government and social science. Matt is fluent I guess in three languages and it also indicated where he's headed in life with regard to interest in focuses on trade financial or development policy or a career in the U.S. state department crafting the nation's foreign policy. He certainly is qualified. His favorite part of working in the legislative process is negotiating -- and we probably need a little of that here today. But his favorite part about being a Luna fellow, and I thought this was impressive, when he first came on was a notion that he was so proud to work under a program named after Senator Luna who was a passionate -- whose passion -- who was a passionate advocate for Texas education. Real proud of Matt and he will go far. We will see him in the newspaper some day, Matt.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. The Chair recognizes Senator Davis on the resolution.

SENATOR WENDY DAVIS: Thank you, Mr. President and members. First I want to say a word about Matt, Senator Duncan. Matt hails from Fort Worth as you mentioned and he is a product of the Fort Worth public school system and I think we should all be incredibly proud as a city that someone like Matt has come from that system and achieved as much as he has and we look to what you'll do in your future. It's my privilege to introduce the Luna scholar that worked in our office this legislative session. Lissette Villerruel. Lisette, raise your hand. Lisette comes from Dallas and I have to tell you, members, she has made the most incredible contribution to our office. I don't want to let her go. I wish this Luna program could go on forever and forever and we could institutionalize each of these young people who are here on the floor today and make them part of our Capitol. But I have no doubt whatsoever in my mind that Lisette will be back. We kid around in our office that it quickly became apparent that Lisette is the most intelligent person working in our Senate office and I include myself when I say that. She is just by far an over achiever and remarkable young woman. She's the first person in her family to graduate from college and boy did she do it big. She graduated over achieving once again with honors from the University of Texas at Dallas, she has a bachelors degree in public affairs with a minor in political science and she's also very well rounded person like some of the others that have been introduced today. She worked and studied in Washington, D.C. under the Congressman Bill Archer fellowship program and she has studied abroad in Argentina, Brazil and Peru. Fortunately for all of us Lisette is going to start law school this fall. We need more good lawyers in the world most definitely and particularly we need the kind of lawyer that you're going to be, Lisette. Lisette cares, very, very much about public education and that's what she plans to concentrate her career on. And I hope that working in our office will play some small role in the voice that she'll take forward in that regard. Lisette, you have been an incredible addition to our office and you remind me to hold on to optimism and ideals and I want to thank you so much for the contribution that you've made to us. It's with great, great pride that I introduce her to all of you members. Thank you.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Chair recognizes Senator West on the resolution.

SENATOR ROYCE WEST: Mr. President and members, I also stand to recognize these Luna scholars and I know that Senator Luna is probably pouring over the balcony of heaven very proud of the leadership and opportunity his name is affording these young people. It's with distinct pleasure for me to have my Luna scholars. You need to stand out though. Stand out. All right. It's been a distinct pleasure for me to have as my Luna scholar Wendilyn Ilund Diaz. Wendilyn is graduating from UT Austin in about a week, a couple of weeks from now, in the coming weeks she will earn her bachelors of arts degree and she's a native Austinite. She aspires to attend law school and I know that that's exactly what she will do and I have no doubt, Wendilyn, that you will excel in law school as you have excelled as an intern in my office and frankly you will excel pretty much in anything you pursue. And as a member of team West, Wendilyn Ilund Diaz was very, very important in terms of things that we were doing in our office and she was intentionally involved in pretty much every aspect when we had committee meetings, when we had staff meetings she was there. I ask her her opinion, she gave me her opinion and needless to say one of the first persons that individuals would see coming into my office would be Wendilyn, so I want to thank you for your participation this legislative session. I know that you have a very positive career and outlook in terms of what you're going to be doing in your future and needless to say you can always count on me to be supportive of it. Thank you, Mr. President.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator West. The Chair recognizes Senator Whitmire on the resolution.

SENATOR JOHN WHITMIRE: Thank you, Mr. President and members. To the Luna scholars, Greg Luna would be real proud today if he looked at the lineup and talent and commitment that you as a group of individuals present, and I would urge you to stay involved. Jennie Marquez was a Luna scholar in my office several years ago and plays a vital role in our office and so there's a lot of opportunity and certainly I hope some day to see if you're interested as a public servant running for office not for my district of course but certainly I can name a few districts you ought might to focus on but that's at another time. I'm honored that Cathryn Ibarra has worked in my office and played a critical role. Cathryn, can you step forward. She's an attorney, meets with constituents, works with us on criminal justice, she's a native Houstonian, she received a BA in international relations from Clearmont McKenna College in 2007, then graduated from St. Mary's University with a law degree and was admitted to the Texas bar in 2010. And let me digress here for a moment. I've been in the Senate 28 years. In the beginning of the Luna scholar and other intern programs I didn't -- to be honest with you, I didn't get involved because I perceived them as more training and kind of maybe a little babysitting on the side. I didn't know they carried their load. Well, I tried it a few years ago and now we can't operate without them, your efforts and I know I speak for the other senators. So just on match of my scholar, Cathryn has a law degree. Now think about that, during a period of budget cuts to our offices I'm able to have an attorney come in as a Luna scholar and play a vital role this entire session. While Cathryn was in college she was able to study in Berlin, Germany to further her compassion for exploring foreign cultures and interest in human rights. Catherine's interest in public policy and her commitment to public service intersected in her decision to attend law school where she had been very active with organizations such as Children at Risk, the Texas Children Civil Rights Project and the Texas St. Mary's Center for Legal and Social Justice League. So what a great resume and great opportunities. So let me just suggest to each and everyone of you the diversity of our state is our strength and I want to encourage particularly the young Hispanics in the Luna scholars to go provide leadership and show the way for the new Texas. Members, I'm very honored to recognize Cathryn and her colleagues on this special day. And Senator Uresti, thank you for this occasion.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Whitmire. Chair recognizes Senator Gallegos on the resolution.

SENATOR MARIO GALLEGOS: Thank you, Mr. President. I join Senator Uresti on this resolution. Let me talk a little bit about Greg Luna first and it was an honor for me as the Senate Chair at that time to start up the Luna scholarship at that time and for the Luna scholars, Greg, like Leticia said, Greg sat there, I sat here and I believe the bill -- it was an education bill and I think and I had voted wrong that day and he came over to my seat and told me, Mario, you voted wrong on that bill. I said, no, I didn't, I got it here to vote this way and he explained it to me. And sure enough I did vote wrong on the educational bill. Since then I have never doubted him on education. He was our guru on education on our Senate floor and it was an honor for all of us to start up in his name the Luna scholarship for all of you. That was a little history. I want to tell you about my Luna scholars, looks like I always get these guys from San Antonio, Carlos, and one of my last interns he did a good job and went back and was the youngest mayor ever to get elected in San Antonio, so that's just something for y'all to look at on that. I'd like to recognize my Luna scholar Robert Lopez, the tallest one there. He has been really an asset to my office in this session monitoring health and human services and criminal justice. His role in my office begins his career in public service. Robert was born and raised in San Antonio. He graduated in a major in criminal justice from TSA. In June, Senator Ogden, Robert will begin his basic military training for the United States Air Force and, you know, we're going to be looking at you going into the Air Force and, Robert, thank you for all the hard work you've done in my office. Thank you.

LT. GOVERNOR DAVID DEWHURST: Thank you, members. Before I recognize Senator Uresti there's one more Luna scholar that I wanted to say something about personally and that's the outstanding scholar who works in my office Andrea Garcia, who when I ask people, and Andrea, stick up your hand, thank you so much. When I ask people about Andrea whether it's Frank Battle or Candice or Sicily -- they use the word huge help and she is, she really has. She's worked with Frank our general counsel on legal research, she's worked with Candice on homeland security, she's helped out in our higher Ed committee and it's because she's real bright. She's a real bright lady, studying at Brown University, everyone likes her, she's always got a great smile on her face. We appreciate all your help and you've been a success in the past and you've been a real success in our office and I'm 101 percent sure you're going to be a success the rest of your life. Thank you for working with us. Chair recognizes Senator Uresti.

SENATOR CARLOS URESTI: Thank you, Mr. President and members. As you can see we do have some very talented young leaders with us this morning. Finally I want to thank the members of our program, this effort would be impossible without them and of course the Senate Hispanic Research Council for its balance, energy and support and Sarah Sines, where's Sarah, I didn't forget you, our director of the Luna program as well. And of course finally I want to thank Liz and Roy, you did make a difference in my office. To my colleagues, thank you for hosting these scholars. You gave them a chance to work, a chance to learn and a chance to have an opportunity to succeed and to shine. Members, Senator Luna left us a legacy that we can all be proud of. A legacy that we must tend and nurture for the future of Texas. Would you please help me congratulate the Luna scholars of the 82nd legislative session. Mr. President, I move adoption of Senate Resolution 765.

LT. GOVERNOR DAVID DEWHURST: Thank you. Members, you've heard the motion by Senator Uresti, is there objection from any member? The Chair hears no objection and the resolution is adopted. Members the Chair lays out the following resolution. Resolution 878 by Senator Fraser. Secretary will read the resolution.

PATSY SPAW: Senate Resolution 878 declaring May 4th, 2011, as Texas Environmental Excellence Awards Day at the state Capitol by Fraser.

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

SENATOR TROY FRASER: Thank you, Mr. President and members. We've got a great group of Texans that are sitting up here now in the east gallery. We asked them to move over because we won't be able to see them as we're talking about them. These are all the excellent award winners. We're here to -- the awards to honor select Texans each year for their exceptional efforts to protect our natural resources. Since 1993 the program has highlighted the most outstanding pollution prevention and waste reduction projects in the state. It's aim is to inspire other Texans to undertake similar projects or blaze new trails that take care of Texas. The winners of the 2011 Texans environmental elections awards were recommended by the governor's blue ribbon committee and approved by TCEQ. By the TCEQ commissioners and by governor Perry. Tonight there will be a banquet, the winners will be celebrated at this award banquet tonight at the Austin Convention Center. This group hails all across Texas. Members, over half of the Texas Senate has constituents here. We have several members that are going to recognize the people from their area. We have a group of 5th graders that I would like to recognize, I believe they're from Rockport. Senator Hegar, I think these are people from your district in Rockport: Carson Nesloney; Kyler Friebele; Alexis Bracht; Zane Kaiser; Heavenly Flores; they're here with their principal Jeremy Saegert and the teacher and the project sponsor is Martha McLayden. Appreciate y'all being here and I would now yield to the other members of the Texas Senate to introduce their people that are here.

LT. GOVERNOR DAVID DEWHURST: Senator Wentworth, for what purpose?

SENATOR JEFF WENTWORTH: Mr. President, one of the award winners although not here right this minute an individual winner is David Baker of the Wimberley Valley Watershed Association. I think he's going to be there at the dinner tonight but I wanted to recognize Mr. Baker.

LT. GOVERNOR DAVID DEWHURST: Thank you so much. Senator Shapiro.

SENATOR FLORENCE SHAPIRO: Thank you very much, Mr. President. It's a great honor to have my good friend Jim Parks with us from the North Texas Municipal Water District. He has done a phenomenal job over the years for all of us in north Texas and it is an honor to have you with us here today and I know you are reaping the benefits of many, many years hard work and to receive this honor for two different projects makes it doubly important. So thank you for your hard work and the wonderful job you do for us in north Texas. Thank you, Jim.

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

SENATOR EDDIE LUCIO: Thank you, Mr. President and members. And Senator Fraser, thank you for this resolution. Thank you for your leadership in the committee of natural resources here in this Senate. I am also very proud of those from my district who are recipients of the Texas environmental excellence awards. The Harlingen Irrigation Districts Cameron County No. 1 and the Valley Proud environmental council both do excellent job. Their combination of leadership, creativity and expertise have bettered the local environment and preserve natural resources for the future. I know all of you have made the valley proud and I thank you for being with us today. And with us today from the Harlingen Irrigation District Cameron County No. 1 my very dear friend for many years Wayne Hallbert and Tom McLemore. Let's give those two gentlemen a big hand. Also with us is Valley Proud Environmental counsel Georginia Matts and Laura Maxwell. Members, let's give them all a big hand here at Texas welcome. Thank you.

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

SENATOR JANE NELSON: Thank you. And thank you, Senator Fraser, for introducing this resolution. I join you in congratulating the winners of the Texas environment excellence award. North Texas municipal water district which there's communities in my Senate district is certainly being recognized as a good steward of this vital resource, you know, the drought that is affecting nearly all of our state reminds us, Senator Fraser, of how very important it is to conserve precious natural water resources. I want to thank the north Texas municipal water district specifically Jim and Sally Parks, I want to recognize you all and add my congratulations and I also want to recognize Union Pacific Railroad and its winners Lanny Schmidt and Mike Ioden. If they'll stand and thank you all and congratulations to all the winners. We appreciate you.

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

SENATOR LETICIA VAN DE PUTTE: Thank you, Mr. President and members. Thank you, Chairman Fraser. This is indeed a day to celebrate because these environmental awards signify that we're always going to try to improve and it's in your language kind of chasing at the top of the leader board and I am pleased today to talk about one of our honorees and that's the San Antonio water systems. They are receiving TCEQ's award for innovative operations and management. I want to congratulate and ask them to stand. Roberto Anguiano and Greg Flores. And if you would from SAWS who are here to celebrate their achievements. Members, you remember Representative Robert Fuentes, he is now our director of course of San Antonio water system, the wonderful organization and what they have done in identifying these innovative techniques that preserve and protect our environment and as you all know water is the new gold. And it is so for Texas. And in San Antonio as we depend on the sole source aquifer, the Edwards, we have pumping limits and so we are using something at SAWS, it's a new technique called the waste water trifecta that is helping recycle and reuse almost all of the waste coming into the Los Rios water recycling center. The waste water trifecta technique is the first project of its kind in the nation and has already helped large corporations in San Antonio with their use and recycling of the water. Members, 115 million-gallons a day of recycled water is used for commercial and industrial customers and since sustainability is a very important issue for our state, it is these type of innovative type of projects that will prove to be vital for future generations. Again I commend the work of the San Antonio water systems and hope that their trifecta, the waste water trifecta will be used as a model nationwide. Thank you, Senator Fraser.

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

SENATOR JOSE RODRIGUEZ: Thank you, Mr. President and members. Thank you, I too rise in support of the resolution. Senator Fraser, thank you for bringing it forward, I wanted to recognize some individuals who are here from my district also being recognized tonight for the environmental award is the U.S. Army Fort Bliss director of public works of El Paso. Now, they're getting recognized, Colonel Birdwell, for their excellent recycling program that they have on base and I want you to know and the rest of the members that they're going to be recognized for that but they also are promoting what they call net zero. They're really into solar energy and other alternative energy sources and their goal is to within six years be able to produce all of the energy that they consume right there on the base. So I think we in El Paso are very proud and I think the rest of Texas should be proud for the leadership that Fort Bliss is exporting in the environmental arena and I want to recognize here on behalf of the Fort Bliss director at the public works. Unfortunately Colonel Joseph Simonelli, the mayor of Fort Bliss, as we call him, couldn't be here but the mayor Charles Nelson is here. If he could rise please as well as Lila Lenhart. Thank y'all very much for being here. Members, help me welcome our two recipients. Thank you.

SENATOR KEVIN ELTIFE: Thank you, Senator Rodriguez. Senator Fraser to close on the resolution.

SENATOR TROY FRASER: Members, we just -- we got a little taste of all the great things happening all over our state in using our natural resources. We thank you for being here, thank you for all you do for Texas. Members, I would now move passage of Senate Resolution 878.

SENATOR KEVIN ELTIFE: Members, you heard the motion by Senator Fraser, is there objection? Chair hears none, resolution is adopted. Thank you, Senator Fraser. Senator Watson's recognized for an introduction.

SENATOR KIRK WATSON: Thank you very much, Mr. President. Members, I'm very pleased to get to introduce two of the pages who are here today now, they are, in fact, constituents of Senator Shapiro and I'd have them stand up it's Bernard and Olivia Uechtritz, they're from Allen, Texas in Senator Shapiro's district but they're also Patsy Spaw's great niece and nephew and it's my pleasure to introduce them because they're here today, and their great grandfather was Charles Herring. He was a much admired and respected state Senator for Senate district 14, the Senate district that I'm proud to represent, for 16 years serving from 1957 to 1973. He also, by the way, served as the Senate parliamentarian in 1951. So I wanted to take an opportunity to welcome these descendents of one of our predecessors of this body, Bernard and Olivia Uechtritz, the great grandchildren of Charles Herring. And members, please help me in welcoming them here today.

SENATOR KEVIN ELTIFE: Thank you, Senator Watson. Senator Patrick, you're recognized for an introduction.

SENATOR DAN PATRICK: Thank you, Mr. President and members, and following up with Senator Watson I'd like to introduce a page who is with us today. Graham Norwood, Graham, of course, his dad Grover did our prayer earlier this morning and I'm very proud of Graham as a freshman at the Texas A&M a thousand students applied for the honors program at the Flower May school of business. He was one of 25 out of 1,000 to be accepted. So Graham, good to have you with us as a page today and your dad to do the prayer. Good to have you here and good luck at the program at A&M. Thank you, Mr. President.

SENATOR KEVIN ELTIFE: Thank you, Senator Patrick.

LT. GOVERNOR DAVID DEWHURST: Members, the Chair signs in the presence of the Senate the following.

PATSY SPAW: House Concurrent Resolution No. 73, House Bill 1510.

LT. GOVERNOR DAVID DEWHURST: Members, the Chair lays out on second reading committee substitute to House Bill 1. The secretary will read the caption.

PATSY SPAW: Committee Substitute House Bill 1 general appropriations bill.

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

PATSY SPAW: Floor amendment No. 1 by Ogden.

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

SENATOR STEVE OGDEN: Mr. President and members, this was a method of finance change for the bill. This amendment makes -- does the following changes, it amends the Senate committee substitute for House Bill 1 by adding the provision to Article IX adjusting certain appropriations previously adopted. The action includes the following: It strikes section nine of 1809 of Senate committee to House Bill 1 that is the provision that had the contingency appropriation using the rainy day fund. It adds a new provision to Article IX reducing by 1,250,000,000 until fiscal year 2013 general revenue appropriations to Medicaid, and it adds a new provision to Article IX making a 1.2 percent general revenue related appropriation reduction in fiscal year 2013 to state agencies and institutions of higher education except the foundation school program with restoration contingent on certification of additional revenue by the comptroller which means that a cut of 1.2 percent would only occur if the comptroller is unable identify additional receipts over and above her revenue estimate. I move adoption of floor amendment No. 1.

SENATOR RODNEY ELLIS: Parliamentary inquiry, Mr. President.

LT. GOVERNOR DAVID DEWHURST: Senator Ellis, state your inquiry.

SENATOR RODNEY ELLIS: On what basis is this bill qualified to come up?

LT. GOVERNOR DAVID DEWHURST: Under the regular order of business.

SENATOR RODNEY ELLIS: And did the Senate adjourn on yesterday or were we in recess?

LT. GOVERNOR DAVID DEWHURST: We recessed.

SENATOR RODNEY ELLIS: And so under the rules because we recessed on yesterday when you called us back into order, back into session, this bill was the next one on agenda?

LT. GOVERNOR DAVID DEWHURST: As a legislative day but on the calendar day today is Wednesday. And today is a -- under the rules that the rules on House days are on Calendar days. Today is a House day. This is, we are following the Senate rules. This is the first order of business on our calendar.

SENATOR RODNEY ELLIS: Second parliamentary inquiry, Mr. President.

LT. GOVERNOR DAVID DEWHURST: State your inquiry.

SENATOR RODNEY ELLIS: Has this ever happened with the state's budget in the history?

LT. GOVERNOR DAVID DEWHURST: I'm not advised. I know it has occurred numerous times in the past on other piece of important legislation.

SENATOR RODNEY ELLIS: Thank you.

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

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

LT. GOVERNOR DAVID DEWHURST: Members, there being 19 ayes and 12 nays, floor amendment No. 1 is adopted. The Chair recognizes Senator Ogden for a motion.

SENATOR STEVE OGDEN: Mr. President and members, I move passage to engrossment of House Bill 1. Excuse me, passage to -- is it passage to third reading?

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

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

LT. GOVERNOR DAVID DEWHURST: Members, there being 19 ayes and 12 nays, committee substitute to House Bill 1 passes to third reading. Senator Whitmire, would you approach, please? Members, I am going to ask the Senate to stand at ease for ten minutes until 1:30 to let the ladies have a break and then we'll start taking up bills here at 1:30.

(At ease.)

SENATOR KEVIN ELTIFE: Senate will come to order. Senator Harris is recognized for a motion to suspend the regular order of business on Committee Substitute House Bill 1674.

SENATOR CHRIS HARRIS: Thank you, sir. I move to suspend the regular order of business to take up and consider Committee Substitute House Bill 1674 at this time. This bill relates to establishment, modification and enforcement of child support obligations. Mr. President, I move suspension.

SENATOR KEVIN ELTIFE: Senator Harris moves suspension of the regular order of business to take up and consider Committee Substitute House Bill 1674. Is there objection? The Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute House Bill 1674. The secretary will read the caption.

PATSY SPAW: Committee Substitute House Bill 1674 relating to procedures for establishment, modification and enforcement of child support obligations.

SENATOR KEVIN ELTIFE: Floor amendment No. 1 by West. Senator West if you would just one second. Please read the amendment.

PATSY SPAW: Floor amendment No. 1 by West.

SENATOR KEVIN ELTIFE: Senator West to explain the amendment.

SENATOR ROYCE WEST: Thank you very much, Mr. President. This amendment is Senate Bill 1236 which passed the Senate and local calendar on April the 14th and I talked to Senator Harris and I'm hitching a ride on House Bill 1674.

SENATOR KEVIN ELTIFE: Senator Harris.

SENATOR CHRIS HARRIS: It's acceptable, Mr. President.

SENATOR KEVIN ELTIFE: Senator West moves adoption of floor amendment No. 1. It's acceptable to Senator Harris. Is there objection? Chair hears none, floor amendment No. 1 is adopted. Senator Harris is recognized for a motion.

SENATOR CHRIS HARRIS: Mr. President, I move suspension.

SENATOR KEVIN ELTIFE: Senator Harris now moves passage to third reading, is there --

SENATOR CHRIS HARRIS: Oh, that sounds better.

SENATOR KEVIN ELTIFE: You like that better? Is there objection? The Chair hears none, Committee Substitute to House Bill 1674 is passed to third reading. Senator Harris now recognized for a motion to suspend the constitutional three day rule.

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

SENATOR KEVIN ELTIFE: The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 30 ayes, one nay, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute House Bill 1674. The secretary will read the caption.

PATSY SPAW: Committee Substitute House Bill 1674 relating to procedures for establishment and modification and enforcement of child support obligations.

SENATOR KEVIN ELTIFE: Senator Harris recognized for a motion.

SENATOR CHRIS HARRIS: Mr. President, I move final passage.

SENATOR KEVIN ELTIFE: Senator Harris now moves final passage of Committee Substitute House Bill 1674. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, Committee Substitute House Bill 1674 is finally passed. Congratulations, Senator Harris.

SENATOR CHRIS HARRIS: Thank you, Mr. President and members.

SENATOR KEVIN ELTIFE: Senator West is recognized for a motion to suspend the regular order of business on Committee Substitute SB1564.

SENATOR ROYCE WEST: Mr. President, I move to suspend the Senate's regular order of business -- Mr. President, I move to suspend the regular order of business to take up and consider Committee Substitute to Senate Bill 1564. Members, Texas development education is in need of systemic reform and this bill goes to in that particular direction. Senate Bill -- Committee Substitute revises section 51 of the Texas education code to make it explicit that the coordinating board has the authority to in consultation of committee of higher education to develop and provide professional development based on student readiness levels and allow faculty the chance to learn instructional methods in which students may need to meet different standards as it relates to our developmental education programs. I move suspension of the regular order of business.

SENATOR KEVIN ELTIFE: Senator West moves suspension of the regular order of business to take up and consider Committee Substitute SB1564. Is there objection? The Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute SB1564. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 1564 relating to the developmental educational courses and the assessment of student readiness under the Texas Success Initiative.

SENATOR KEVIN ELTIFE: Senator West recognized for a motion.

SENATOR ROYCE WEST: I move passage to engrossment.

SENATOR KEVIN ELTIFE: Senator West now moves passage to engrossment. Is there objection? The Chair hears none, Committee Substitute SB1564 is passed to engrossment. Senator West is now recognized for a motion to suspend the constitutional three day rule.

SENATOR ROYCE WEST: So moved.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 30 ayes, one nay the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute SB1564. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 1564 relating to developmental educational courses and the assessment of student readiness under the Texas Success Initiative.

SENATOR KEVIN ELTIFE: Senator West recognized for a motion.

SENATOR ROYCE WEST: Mr. President and members, I move passage of Committee Substitute Senate Bill 1564.

SENATOR KEVIN ELTIFE: Senator West now moves final passage of Committee Substitute SB1564. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, Committee Substitute SB1564 is finally passed. Congratulations Senator West.

SENATOR ROYCE WEST: Thank you.

SENATOR KEVIN ELTIFE: Senator Gallegos is recognized for a motion to suspend the regular order of business on committee statute SB346.

SENATOR MARIO GALLEGOS: Thank you, Mr. President. Mr. President, I move to suspend the regular order of business for the Committee Substitute for Senate Bill 346. Members, the purpose of the 346 it's a refile of Senate Bill 2357 from the last legislative session which passed out 30 to one here but was left in the House calendar. And under current law the structured courses that a school district shall provide and disciplinary alternative education programs have been academically inefficient and this school districts are required to focus on English language art, mathematics, science history and self-discipline. What this -- what Senate Bill 346 would do is require school districts to not only focus on specified courses for DAPs but also for the school curriculum for students in ABAP for a semester or somewhere. I move to suspend the regular order of business.

SENATOR KEVIN ELTIFE: Senator Gallegos move suspension of the regular order of business to take up and consider Committee Substitute SB346. Is there objection? The Chair hears none, the rule is suspended suspect. The Chair lays out on second reading Committee Substitute SB346. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 346 relating to the curriculum that must be provided by a disciplinary alternative education program.

SENATOR KEVIN ELTIFE: Senator Gallegos recognized for a motion.

SENATOR MARIO GALLEGOS: Thank you, Mr. President. I move passage to engrossment.

SENATOR KEVIN ELTIFE: Senator Gallegos goes now moves passage to engrossment. Is there objection? The Chair hears none, Committee Substitute SB346 passes to engrossment. Senator Gallegos is now recognized for a motion to suspend the constitutional three day rule.

SENATOR MARIO GALLEGOS: Thank you, Mr. President. I move to suspend the three day rule.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 26 ayes, five nays, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute SB346. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB346 relating to the curriculum that must be provided by disciplinary alternative education program.

SENATOR KEVIN ELTIFE: Senator Gallegos recognized for a motion.

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

SENATOR KEVIN ELTIFE: Senator Gallegos now moves final passage of SB346. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 27 ayes, four nays, Committee Substitute SB346 is finally passed. Congratulations, Senator Gallegos.

SENATOR MARIO GALLEGOS: Thank you, Mr. President.

SENATOR KEVIN ELTIFE: Senator Whitmire is recognized for to motion to suspend the regular order of business on SB1208.

SENATOR JOHN WHITMIRE: Thank you, Mr. President. I move to suspend the regular order of business to take up and consider Senate Bill 1208. Senate Bill 1208 allows the juvenile court to retain jurisdiction of a youth sentenced to juvenile probation until the youth is 19 years of age. Current law ends the jurisdiction of the juvenile judge when the youth reaches 18 years of age. This will deal with circumstances where a youth is doing well. The court would like to continue the jurisdiction until the youth completes the programs and orders of the court. I move suspension.

SENATOR KEVIN ELTIFE: Senator Whitmire moves suspension of the regular order of business to take up and consider SB1208. Is there objection? Senator Shapiro, for what purpose?

SENATOR FLORENCE SHAPIRO: Actually to ask the author a question.

SENATOR KEVIN ELTIFE: Senator Whitmire yield?

SENATOR JOHN WHITMIRE: You know, before you do, there was one element I left off is permissive, it doesn't require --

SENATOR FLORENCE SHAPIRO: Okay.

SENATOR JOHN WHITMIRE: It's not necessary to judge may if the circumstances fit that he's involved with the youth instead of terminating it at 18 several judges have contacted us and said if we could keep that child another year on case by case basis, it would make a difference.

SENATOR FLORENCE SHAPIRO: Okay. And the other concern I had was the cost to the locals.

SENATOR JOHN WHITMIRE: Well, the reason we made it no cost is because originally they costed out but because it's permissive it may never be used.

SENATOR FLORENCE SHAPIRO: Okay. And this is assuming it would be used for everyone, that's why the cost is so high.

SENATOR JOHN WHITMIRE: Yes, ma'am, and there's only 126 kids in the state that would be even eligible for consideration --

SENATOR FLORENCE SHAPIRO: Qualified.

SENATOR JOHN WHITMIRE: It's determinative sentence kids, when they turn 19 they will either be released or sent to TDCJ. That's another element that you need to know. Currently what happens is the court loses jurisdiction of the child at 18. So he's sitting there with no supervision, well, he probably has supervision because he's probably sitting in TYC but he allows the court to review the progress of the youth for another year and maybe it might impact whether they are released at that time when they turn 19 or go on to TDCJ. So permissive -- 126 kids and I would guess it's going to be used pretty selectively.

SENATOR FLORENCE SHAPIRO: Thank you. That was my concern was the permissive and the cost and I guess if it's permissive they recognize the cost and it's not a mandate to them. Thank you, Senator Whitmire.

SENATOR KEVIN ELTIFE: Thank you, Senator Shapiro. Senator Whitmire has moved suspension of the regular order of business to take up and consider SB1208. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading SB1208. The secretary will read the caption.

PATSY SPAW: SB1208 relating to age in which juvenile is placed under determinative sentence probation.

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

SENATOR JOHN WHITMIRE: I move passage of Senate Bill 1208 to engrossment.

SENATOR KEVIN ELTIFE: Senator Whitmire moves passage to engrossment. Is there objection? The Chair hears none, SB1208 is passed to engrossment. Senator Whitmire is recognized for a motion tow spend the constitutional three day rule.

SENATOR JOHN WHITMIRE: I move to suspend the constitutional rule that bills be read on three several days.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 30 ayes, one nay, the rule is suspended. Char lays out on third reading and final passage SB1208. The secretary will read the caption.

PATSY SPAW: SB1208 relating to the age at which juveniles placed on determinant sentence probation.

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

SENATOR JOHN WHITMIRE: I move final passage of Senate Bill 1208.

SENATOR KEVIN ELTIFE: Senator Whitmire now moves final passage of SB1208. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, Committee Substitute -- SB1208 is finally passed. Congratulations, Senator Whitmire. Senator Nichols is recognized for a motion to suspend the regular order of business on Committee Substitute SB1184.

SENATOR ROBERT NICHOLS: Thank you, Mr. President. I move to suspend is the regular order of business to take up and consider Committee Substitute Senate Bill 1184. This bill would create a municipal managed district situated in the northeast corner of Nacogdoches. This is a local bill. This legislation was drafted with the suggested language the committee establish during the interim, we call it the template. District will not have powers of eminent domain and does have the ability to levy taxes but only as long as the city council votes to approve. This project can receive local support from Nacogdoches city counselor, Nacogdoches city court in both the city and county have committed to support this project finally as well. With that I move to suspend the Senate's regular order of business.

SENATOR KEVIN ELTIFE: Senator Nichols moves to suspend the regular order of business to take up and consider SB1184. Is there objection? Chair hears none, rule is suspended. The Chair lays out on second reading Committee Substitute SB is 184. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 1184 relating to creation of the Timber Springs municipal management district.

SENATOR KEVIN ELTIFE: Senator Nichols recognized for a motion.

SENATOR ROBERT NICHOLS: Mr. President and members, I move passage of Committee Substitute Senate Bill 1184 to engrossment.

SENATOR KEVIN ELTIFE: Senator Nichols now moves passage to engrossment. Is there objection? Chair hears none, Committee Substitute SB1184 is passed to engrossment. Senator Nichols is now recognized for a motion to suspend the constitutional three day rule.

SENATOR ROBERT NICHOLS: Mr. President and members, I move to suspend the constitutional rule bills be heard on three several days.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 30 ayes, one nay, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute SB1184. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB1184 relating to the creation of the Timber Spring municipal management district.

SENATOR KEVIN ELTIFE: Senator Nichols recognized for a motion.

SENATOR ROBERT NICHOLS: Mr. President and members, I move final passage.

SENATOR KEVIN ELTIFE: Senator Nichols moves final passage of Committee Substitute SB11184. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, Committee Substitute SB1184 is finally passed. Congratulations, Senator.

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

SENATOR KEVIN ELTIFE: Senator Hinojosa is recognized for a motion to suspend the regular order of business on SB1404.

SENATOR JUAN HINOJOSA: Thank you, Mr. President. I move to suspend the regular order of business to take up and consider Senate Bill 1404. Mr. President and members, this bill is on the consent calendar. Senate Bill 1404 extends the time period property owners and chief appraisers have to file suit from 45 days to 60 days. This change simply gives property owners more time to take legal action to develop a correction of an error. In many cases property owners have work, school, or other obligations to make it difficult to file suit to do the correction. This suit gives property owners 15 more days to file suit to compel the correction. With that I move suspension, Mr. President.

SENATOR KEVIN ELTIFE: Senator Hinojosa moves suspension of the regular order of business to take up and consider SB1404. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading SB1404. The secretary will read the caption.

PATSY SPAW: SB1404 relating to deadline for filing a suit to compel the appraisal review board to change the appraisal roll.

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

SENATOR JUAN HINOJOSA: Mr. President and members, I move passage to engrossment of Senate Bill 1404.

SENATOR KEVIN ELTIFE: Senator Hinojosa moves passage to engrossment. Is there objection? Chair hears none, SB1404 is passed to engrossment. Senator Hinojosa is recognized for a motion to suspend the constitutional three day rule.

SENATOR JUAN HINOJOSA: Mr. President and members, I move to suspend the three day rule on Senate Bill 1404.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 30 ayes, one nay, the rule is suspended. Chair lays out on third reading and final passage SB1404. The secretary will read the caption.

PATSY SPAW: SB1404 relating to the deadline for filing suit to compel an appraisal review board to change an appraisal roll.

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

SENATOR JUAN HINOJOSA: Mr. President and members, I move final passage of Senate Bill 1404.

SENATOR KEVIN ELTIFE: Senator Hinojosa now moves final passage of SB1404. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, SB1404 is finally passed. Congratulations, Senator Hinojosa.

SENATOR JUAN HINOJOSA: Thank you, Mr. President and members.

SENATOR KEVIN ELTIFE: Senator Williams is recognized for a motion to suspend the regular order of business on Committee Substitute SB1036.

SENATOR TOMMY WILLIAMS: Thank you, Mr. President and members. This bill would require that the local tax collector as well as the vehicle storage facility and garage man lienholders send out a certified letter to all parties that have an ownership interest in the vehicle. I would -- Mr. President, I move to Suspend the senate's regular order of business to take up and consider Committee Substitute to Senate Bill 1036.

SENATOR KEVIN ELTIFE: Senator Williams moves suspension of the regular order of business to take up and consider Committee Substitute SB1036. Is there objection? The Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute SB1036. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 1036 relating to notice required in connection with possessory liens on motor vehicles.

SENATOR KEVIN ELTIFE: Senator Williams recognized for a motion.

SENATOR TOMMY WILLIAMS: I move passage to engrossment.

SENATOR KEVIN ELTIFE: Senator Williams moves passage to engrossment. Is there objection? The Chair hears none, Committee Substitute SB1036 is passed to engrossment. Senator Williams new recognized for a motion to suspend the constitutional three day rule.

SENATOR TOMMY WILLIAMS: So moved.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 30 ayes, one nay, the rule is suspended. Chair lays out on third reading and final passage Committee Substitute SB1036. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB1036 relating to notice required in connection with possessory liens on motor vehicles.

SENATOR KEVIN ELTIFE: Senator Williams recognized for a motion.

SENATOR TOMMY WILLIAMS: I move final passage.

SENATOR KEVIN ELTIFE: Senator Williams now moves final passage of Committee Substitute SB1036. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, Committee Substitute SB1036 is finally passed. Congratulations, Senator Williams.

SENATOR TOMMY WILLIAMS: Thank you, Mr. President. Thank you, members.

SENATOR KEVIN ELTIFE: Senator Lucio is recognized for a motion to suspend the regular order of business Committee Substitute SB288.

SENATOR EDDIE LUCIO: Thank you, Mr. President. Members I'd like to suspend the Senate's regular order of business to take up and consider the Committee Substitute for Senate Bill 288. Members, Senate Bill 288 would authorize the Department of Public Safety to authorize southbound check points at our international borders along the Texas/Mexico border. For too long the focus of Homeland Security policy especially at the federal level has been on what is coming out of Mexico, not on what is going into Mexico. The fact is that millions of dollars in cash are being transferred from the United States to Mexico each year. Houston is the number one source for illegally obtained guns being recovered in Dallas and the Rio Grande Valley being second and third respectfully. Yesterday, members, there was -- all via home to us -- all the terrible language of the tragedy when we had a memorial resolution for Jaime Zapata, the ICE agent that was killed in Mexico. The illegal smuggling of guns and cash fuel drug violence in Mexico, this violence poses a Homeland Security to all of Texas. Now, by disrupting the transfer of southbound smuggle and cash, check points will protect Texans and help Mexico. The Committee Substitute for Senate Bill 288 would authorize DPS to establish southbound checkpoints by expanding their existing authority as described in section 411.0095 of the government code. Currently DPS can operate checkpoints within 250 yards of an international bridge crossing but only for the purpose of preventing stolen vehicles from entering Mexico. The Committee Substitute for Senate Bill 288 would expand the scope of those checkpoints to include the imminent movement of transfer of firearms, controlled substance and currency. Move suspension of the rules.

SENATOR KEVIN ELTIFE: Senator Patrick, for what purpose?

SENATOR DAN PATRICK: Just a question of the author.

SENATOR KEVIN ELTIFE: Senator Lucio yield?

SENATOR EDDIE LUCIO: I yield.

SENATOR DAN PATRICK: Senator, thank you for bringing this bill to the floor, I'd like to coauthor with you. I think this bill will perform a service that's needed to protect our citizens, stop the flow of guns and money going south and I appreciate you doing this and proud to be your cosponsor.

SENATOR EDDIE LUCIO: Thank you very much for your help, Senator Patrick.

SENATOR KEVIN ELTIFE: Thank you, Senator Patrick. Senator Lucio now moves suspension of the regular order of business to take up and consider Committee Substitute SB288. Is there objection? Chair hears none, rules are suspended. The Chair lays out on second reading Committee Substitute SB288. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB288 relating to authorizing the Department of Public Safety to operate one or more southbound checkpoints near the international border.

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

SENATOR EDDIE LUCIO: I'd like to move to engrossment at this time, Mr. President.

SENATOR KEVIN ELTIFE: Senator Lucio now moves passage to engrossment at this time. Is there objection? Chair hears none, Committee Substitute SB288 is passed to engrossment. Senator Lucio is now recognized for a motion to suspend the constitutional three day rule.

SENATOR EDDIE LUCIO: So moved, Mr. President.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 30 ayes, one nay, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute SB288. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB288 relating to authorizing Department of Public Safety to operate one or more southbound vehicle check points near the international border.

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

SENATOR EDDIE LUCIO: Mr. President, I'd like to move final passage for the Committee Substitute for Senate Bill 288.

SENATOR KEVIN ELTIFE: Senator Lucio now moves final passage of Committee Substitute SB288. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, Committee Substitute SB288 is finally passed. Congratulations, Senator Lucio.

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

SENATOR KEVIN ELTIFE: Senator Watson is recognized for a motion to suspend the regular order of business Committee Substitute SB1649.

SENATOR KIRK WATSON: Thank you, Mr. President. I move to suspend the Senate's regular order of business to take up and consider at this time the Committee Substitute to Senate Bill 1649 which will codify the border grant program which was created through a rider last session due to the (inaudible) of Senator Hinojosa. Excuse me these funds go directly to funds across the border directing transnational gang and drug related problems. In the first year they supported 2300 causes, 13 of which resulted in convictions, probation or deferred adjudication. I move suspension of the rules.

SENATOR KEVIN ELTIFE: Senator Watson moves suspension of the regular order of business to take up and consider SB1649. Is there objection? Chair hears none, rule is suspended. The Chair lays out on second reading Committee Substitute SB1649. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 1649 relating to a grant program to support the prosecution of certain crimes.

SENATOR KEVIN ELTIFE: Senator Watson's recognized for a motion.

SENATOR KIRK WATSON: I move passage of Committee Substitute Senate Bill 1649 to engrossment.

SENATOR KEVIN ELTIFE: Senator Watson now moves passage to engrossment now moves passage to engrossment. Is there objection? Chair hears none, Committee Substitute Senate Bill SB1649 is passed to engrossment. Senator Watson is now recognized for a motion to suspend the constitutional three day rule.

SENATOR KIRK WATSON: So moved, Mr. President.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 30 ayes, one nay, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute SB1649. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB1649 relating to a grant program to support the prosecution of certain crimes.

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

SENATOR KIRK WATSON: Mr. President, I move final passage of the Committee Substitute to Senate Bill 1649.

SENATOR KEVIN ELTIFE: Senator Watson now moves final passage of Committee Substitute SB1649. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, Committee Substitute to Senate Bill 1649 is finally passed. Congratulations, Senator Watson.

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

SENATOR KEVIN ELTIFE: Senator Patrick is now recognized for a motion to suspend the regular order of business on Committee Substitute SB1646.

SENATOR DAN PATRICK: Thank you, Mr. President and members. Members, this bill deals with the appraisal process. This bill simply says if you are appealing the appraisal on your property and you have someone representing you that for a good cause you can reset the hearing, very simple. Individuals can do it but they can't do it if they have someone representing them. I move suspension of the regular order of business.

SENATOR KEVIN ELTIFE: Senator Patrick moves suspension of the regular order of business to take up and consider Committee Substitute SB1546. Is there objection? The Chair hears none, the rule is suspended. The Chair lays out on second reading SB1546. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 1546 relating to the right to a review hearing before an appraisal review board following a failure to attend a hearing.

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

SENATOR DAN PATRICK: I move to engrossment.

SENATOR KEVIN ELTIFE: Senator Patrick now moves passage to engrossment. Is there objection? Chair hears none, Committee Substitute SB1546 passes to engrossment. Senate Patrick is recognized to suspend the constitutional three day rule.

SENATOR DAN PATRICK: So moved.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 30 ayes, one nay, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute SB1546. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB1546 relating to the right of a new hearing before an appraisal revue board.

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

SENATOR DAN PATRICK: Move final passage, Mr. President.

SENATOR KEVIN ELTIFE: Senator Patrick now moves final passage of Committee Substitute SB1546. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, Committee Substitute SB1546 is finally passed.

SENATOR DAN PATRICK: Thank you, Mr. President. Thank you, members.

SENATOR KEVIN ELTIFE: Senator Duncan is now recognized for a motion to suspend the regular order of business on Committee Substitute SB1664.

SENATOR ROBERT DUNCAN: Thank you, Mr. President and members. Committee Substitute for Senate Bill 1664 is a bill that deals with issues that we come up with with the employee retirement system every biennium. This bill also deals with some issues that help us maintain the current health benefit system for our state employees for the next biennium. Some of the decisions in this bill are also reflected in the appropriation bill. The substitute to 1664 does the following, makes some technical and clarifying changes to the enabling statutes that are primarily dealing with death benefit conviction provisions or if you cause the death of a state employee, you're not entitled to receive the benefits, amends the definition of dependent to include those age 26. As you know now, the federal law requires that we have -- that we increase the age of a dependent to the age of 26 years of age. It provides for a tobacco user surcharge which generates revenue but also I think in the long run helps preserve the cost, lower the cost trends that we have each year for these programs. It also provides for a 1 percent of payroll, one of the things we did in the appropriations bill and we'll talk about probably more is the fact for the first time we're going to let our agencies help contribute to the cost of the health insurance, something we probably should have been doing that a long time ago. This is a percent cost this time, 1 percent of payroll. The bill also allows active RES members contribution fund to be higher in the state during fiscal year 2012 only and does the same for link goes. What we did members in the appropriations bill and I think we're much better than the House bill on this is we have basic said in the first year of the biennium we're going to contribute 6 percent within the second year of the biennium we're going to contribute 6.5 to maintain the health of the fund. With that, Mr. President and members, unless there's any questions I would move to suspend the Senate's regular order of business to take up and consider the Committee Substitute for Senate Bill 1664.

SENATOR KEVIN ELTIFE: Senator Duncan moves suspension of the regular order of business to take were and consider Committee Substitute SB1664. Is there objection? Hearing none, the rule is suspended. The Chair lays out on second reading Committee Substitute SB1664. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB1664 Relating to the powers and duties of and contributions to and benefits from the systems and programs administered by the Employees Retirement System of Texas.

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

PATSY SPAW: Floor amendment No. 1 by Watson.

SENATOR KEVIN ELTIFE: Senator Watson to explain the amendment.

SENATOR KIRK WATSON: Thank you, Mr. President. Members, this amendment would simply allow state retirees to make direct contributions to the charity of their choice through ERS annuity payments as state employees can do already through their paychecks. The program is called the state employee charitable campaign. I believe this is acceptable to the author, and I move adoption.

SENATOR KEVIN ELTIFE: Senator Duncan.

SENATOR ROBERT DUNCAN: Thank you, Mr. President and members. I think Senator Watson is correct that while we allow these deductions from our members, we don't have a provision in there for our retirees to make the same deductions for charitable contributions. So it's an excellent amendment and it would be acceptable to the author.

SENATOR KIRK WATSON: Thank you.

SENATOR KEVIN ELTIFE: Senator Watson --

SENATOR KIRK WATSON: I move adoption.

SENATOR KEVIN ELTIFE: -- moves adoption of floor amendment No. 1. It's acceptable to Duncan. Is there objection? Chair hears none, floor amendment No. 1 is adopted. Thank you, Senator Watson.

SENATOR KIRK WATSON: Thank you, members.

SENATOR KEVIN ELTIFE: The following amendment, secretary read the amendment.

PATSY SPAW: Floor amendment No. 2 by Jackson.

SENATOR KEVIN ELTIFE: Members, we'll wait until you have the amendment in your hands. Senator Jackson to explain the amendment.

SENATOR MIKE JACKSON: Thank you, Mr. President. Members I had to make sure I had the right one here. Members, this is just simply an amendment that would strike one portion of the bill and that would be section 15. And I bring this amendment forward because I think Senator Duncan has done some real good things with his bill and he had some changes that are necessary and needed there but I think it is very unfair to single out one group of people and tax them separately and make them pay more for insurance and that's what this section 15 does in the bill. So I'd move adoption of this amendment.

SENATOR KEVIN ELTIFE: Senator Duncan.

SENATOR ROBERT DUNCAN: Members, this amendment would remove a section from the bill that used to be able to allow us to afford to continue group health benefits without charging premiums to all of our members. What it does, there's a tobacco surcharge in the bill that raises about $47.3 million for the ERS system and then out of that $47.3 million the plan will fund smoking cessation drugs that will allow -- that will hopefully allow folks to get off of tobacco. It has a short term gain, but the long-term gain to the program is the fewer smokers you have on, the less the other members have to subsidize smoking that would be a problem. So I would move to table this amendment.

SENATOR KEVIN ELTIFE: Senator Jackson to close.

SENATOR MIKE JACKSON: Thank you, Mr. President. Members, we won't take a whole lot of time on this but I hope you paid attention here. I think this is the first time to my knowledge anyway that we are using certain classes of people that we are insuring as state employees and surcharging them saying, well, if you have this habit or if you take -- if you do whatever that you do, you're paying more money and I really don't think it's fair. I think that in effect what Senator Duncan has done with this, if you recall last legislative session I believe it was, we had about a dollar and some odd cent increase in the cigarette tax, taxes in the state, this will in effect put another dollar on that and I just think that's unfair to treat a certain group of people this way. If you want to go after cigarette taxes all over the state you should do that. You had legislation that was going to do additional taxes on little cigars and I think that went away but this right here is just reaching out and slapping people that are being treated that way because of the way that they live. So I would make -- urge you to vote no on the motion to table.

SENATOR KEVIN ELTIFE: Senator Duncan.

SENATOR ROBERT DUNCAN: Members, what this provision does is it raises money to allow the program to fund smoking cessation medications for the members. The -- what happens is that we all know that smoking causes additional health risks and benefits --

SENATOR MIKE JACKSON: Mr. President, hasn't he already moved to table and I close, so are we doing this again?

SENATOR ROBERT DUNCAN: I'll withdraw my motion to table, and then I'll make it.

SENATOR KEVIN ELTIFE: Senator Duncan withdraws his motion to table. Senator Duncan, you're recognized.

SENATOR ROBERT DUNCAN: So this is a serious amendment. This will cost the ERS system serious money, we show about a 30 million-dollar gain to the program to be able to fund our cost trends in these programs --

SENATOR MIKE JACKSON: Will the gentleman yield?

SENATOR ROBERT DUNCAN: -- seven -- not at this time -- the cost trends in these programs are running about 7 percent. We know that heart disease, emphysema, COPD especially among our retired workers is a significant cost to the group benefit plan. And all we're trying to do here is to provide an incentive persons to stop smoking and also medications and to pay for medications to do that so that the rest of the members are not having to subsidize this choice that is being made by other members of the plan. So with that I'll yield now to Senator Jackson.

SENATOR KEVIN ELTIFE: Senator Jackson to close again.

SENATOR MIKE JACKSON: I just thought I heard you say, Senator Duncan, this will cost the bill money and --

SENATOR ROBERT DUNCAN: If you take it out.

SENATOR MIKE JACKSON: If it's taken out it will cost but there's no cost there because you're creating a brand new tax on Texas. That is exactly. It's not costing -- it may be costing what your plans are to do once you take more money from people but it doesn't cost the bill anything and what it does do is takes one group of people and say you are inferior and you are a drain so we're going to make you pay for that and I think that is wrong and that's why --

SENATOR ROBERT DUNCAN: Can I answer your question?

SENATOR MIKE JACKSON: -- and that's why I'm offering this amendment.

SENATOR ROBERT DUNCAN: Well, I appreciate your concern. But first of all let me correct a couple of things. No. 1 this is not a tax. Currently our state employees do not pay premiums, it is a benefit that we pay for our state employees. This is an additional premium that they have to pay to get their coverage if they smoke. And in return the quid pro quo for that premium is we will cover and be able to cover smoking cessation drugs which No. 1 enhances and lengthens the life of the beneficiary and it will also be a benefit to the other members of the plan have to subsidize those who choose to smoke and uses that are related to it, so with that explanation I would move to table.

SENATOR KEVIN ELTIFE: Senator Duncan moves to table. Senator Jackson, would you like to close again?

SENATOR MIKE JACKSON: If he's going to keep on making more and more motions to table I'm going to keep on wanting to close.

SENATOR KEVIN ELTIFE: You may close one more time.

SENATOR MIKE JACKSON: Members, this is breaking new ground right here. We're going in a direction that we have not gone before and what we are saying here is -- it will be okay for this legislative body to designate a group and treat you as substandard to all the other people that we are covering with our plan and we're not going to give you a choice to do something, we're going to force you by taking the premiums that we make you pay that are higher than anyone else's premiums and we're going to say, we'll let you participate in a program that -- I think that is not a good way to run this state or a good direction for us to take as a legislative body. This is government 101 and just ramming something down your throat. So I would move respectfully to ask you to vote not to table amendment No. 2.

SENATOR KEVIN ELTIFE: Thank you, Senator Jackson. Members, Senator Duncan has made a motion to table floor amendment No. 2 by Jackson. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 25 ayes, six nays, the motion to table prevails. Following amendment, secretary read the amendment.

PATSY SPAW: Floor amendment No. 3 by Jackson.

SENATOR KEVIN ELTIFE: Senator Jackson to explain floor amendment No. 3.

SENATOR MIKE JACKSON: Thank you, Mr. President and members. I didn't get very close on my first amendment so what I'm going to do is I'm going to change my strategy here and what this amendment would do in this if you take the logic just talked about by Senator Duncan and what we're doing is that we're going to classify people based on their habits because they are a risk and a burden to all of the other people, then you should vote for this amendment. What this amendment says basically it adds a new classification. Since we're going to make smokers pay a higher premium every month than anyone else, this amendment says that if your body mass index or BMI is over 30 which is considered obese that you should also be reclassified and pay a surcharge for that. I would move adoption.

SENATOR KEVIN ELTIFE: Senator Duncan on the amendment.

SENATOR ROBERT DUNCAN: I would move to table.

SENATOR KEVIN ELTIFE: Senator Jackson to close.

SENATOR MIKE JACKSON: Look, we -- BMI is body mass index, members, and we know for a fact that people who are obese are a health risk compared to people who are not. So if we follow Senator Duncan's logic and we put -- we're going to break everyone up into classes for the cost of the insurance that they pay, it's only fair that we take this as well and just think, Senator Duncan, it would raise a whole lot more money, I think. So anyway, there's several charts that you can use to measure your body height and your weight to see. We'll let the department turn -- come up with that. So I move adoption.

SENATOR KEVIN ELTIFE: Thank you, Senator Jackson. Senator Duncan has made a motion to table floor amendment No. 3. The secretary will call the roll.

SENATOR RODNEY ELLIS: Mr. President, I wanted to ask Senator Jackson a couple of questions on this amendment. I had my light on.

SENATOR KEVIN ELTIFE: Senator Ellis, the motion's not debatable. The motion has already been moved to table. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 28 ayes, three nays, the motion to table prevails. Thank you, Senator Jackson. The following amendment. Secretary read the amendment by Jackson.

PATSY SPAW: Floor amendment No. 4 by Jackson.

SENATOR KEVIN ELTIFE: Senator Jackson to explain the amendment.

SENATOR MIKE JACKSON: Thank you. Mr. President. Following along looks like I'm losing a little bit of ground here but I was really, members, trying to make more of a point more than anything else of how bad I think this is and this trail we're going down is really going the wrong way. This amendment says even though you don't smoke and now y'all don't want to add premiums to people who are obese, this one deals with the nicotine chewing gum. And you should know that if somebody is using that nicotine chewing gum they are at a higher risk at becoming a smoker than all the other people so they should be categorized separately as well. But Mr. President, I know what the votes were and I would respectfully withdraw this amendment.

SENATOR KEVIN ELTIFE: Senator Jackson withdraws floor amendment No. 4. Senator Duncan, you're now recognized for a motion.

SENATOR ROBERT DUNCAN: I'll finally move passage to engrossment.

SENATOR KEVIN ELTIFE: Senator Duncan now moves passage to engrossment. Secretary, you better call the roll.

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

SENATOR KEVIN ELTIFE: 29 ayes, two nays, Committee Substitute SB1664 is passed to engrossment. Senator Duncan, you're recognized for a motion to suspend the constitutional three day rule.

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

SENATOR KEVIN ELTIFE: The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 28 ayes, three nays, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute SB1664. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 1664 relating to the powers and duties of and contributions to programs administered by the employees retirement system.

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

SENATOR ROBERT DUNCAN: I move final passage.

SENATOR KEVIN ELTIFE: Senator Duncan now moves final passage of Committee Substitute SB1664. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 29 ayes, two nays, Committee Substitute SB1664 is finally passed. Congratulations, Senator Duncan.

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

SENATOR KEVIN ELTIFE: Senator Shapiro. Senator Shapiro is recognized for an introduction.

SENATOR FLORENCE SHAPIRO: Thank you very much Mr. President and members. There's a lot of people in the gallery and I actually spoke to them in a few moneys ago and I said the two things you don't want to watch being made are sausage and laws. I am afraid they just saw sausage. I apologize for that. Every once in a while we do like to kid each other, it makes the day go a little bit smoother. I would like to say and recognize today is a very important day. It's actually National Charter School Week and these fine people that are in the gallery here today are parents of charter school students throughout the state of Texas. They are here from far and wide. They are here from far and wide across the state of Texas and they are here to speak to us with their voices and their presence and they are here actually this is the largest -- members, this is really important, the largest gathering of charter parent rally in the history of Texas. They had nearly 2,000 parents. I guess they want us to know they're enthusiastic about their school --

LT. GOVERNOR DAVID DEWHURST: They are enthusiastic.

SENATOR FLORENCE SHAPIRO: -- as the children and we appreciate that very much. They have come to Austin to show elected officials how passionate, as I said, they are about their charter schools and about the education of their children. Today in the gallery we have parents from the districts of Senator Van de Putte, Senator Hinojosa, Senator Lucio and Senator Watson and I would now concede my time for a few moments to each of those to talk a little bit about their particular charter schools.

LT. GOVERNOR DAVID DEWHURST: And members, if you don't mind, just for a moment I just want to say to all the ladies and gentleman in the gallery who are with -- here on behalf of all these fine charter schools that I was supposed to speak to you outside just a moment ago and I couldn't get off the floor to join you so I wanted on behalf of myself David Dewhurst, lieutenant governor, to thank you for being here and thank you for supporting our fine charter schools. God bless you.

SENATOR JEFF WENTWORTH: Mr. President.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Hinojosa --

SENATOR JEFF WENTWORTH: Mr. President.

LT. GOVERNOR DAVID DEWHURST: Yes.

SENATOR JEFF WENTWORTH: Because most of these people have never been in the Senate before, they don't know but I'd ask for strict enforcement of rule 3.05 which is no applause, outburst or other demonstration by any spectator shall be permitted by any person during the Senate. This rule should be strictly enforced. I'd appreciate strict enforcement of that rule. These people don't know that, and but I think they should know the way things are done in the Texas Senate.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Wentworth. The Chair recognizes Senator Hinojosa to speak.

SENATOR JUAN HINOJOSA: Yeah, thank you, Mr. President and members. I too would like to get up and recognize some of the fine charter schools that we have in the Rio Grande valley that would really help a lot of youth, a lot of young people get their diploma and graduate and we have some great teachers and parents who get very much involved to make sure that children, their kids graduate from charter schools. I have charter school parents from Ida Mission, from Ida school charter school from Pharr and from the West campuses in Edinburg, we have the one most stop service charter schools in Edinburg and Mission campuses and I just like to welcome the parents and teachers to the Texas Senate. Thank you for being here.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Hinojosa. The Chair recognizes Senator Watson to speak.

SENATOR KIRK WATSON: Thank you, Mr. President, members. I'm also joined today by representatives of various charter schools in the Austin area and I'm very pleased that we're here. I'm represented by folks of the following charter schools Austin Can, Eden Park Academy, Harmony Science Academy of Cedar Park, the Harmony Science Academy of north and south campuses, and Kip Austin. I might point out, members, that I've had a number of pages this session from some of these schools and it's been -- they've been a delight and have done a great job as pages for me and the Senate. So I want to welcome all of those that are here speaking on behalf of their children and their schools. Thank you very much.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Chair recognizes Senator Lucio.

SENATOR EDDIE LUCIO: Thank you, Mr. President and members, I would like to take this time also to welcome some of the parents who are here in Austin today representing some outstanding charter schools but I'd be remiss if I didn't thank chairwoman Florence Shapiro. Ever since you took the charter schools by the hand, they have come a long ways, Madam Chair, and I want to thank you for all the work you've done. Will the (inaudible) school of success and Idea charter school from Donna, Alama, Frontier, San Benito, and San Juan campuses as well as One Stop multiservice charter schools from Brownsville and Raymondsville and West Lakoka campuses, please rise? Thank you for making this trip to Austin, welcome to your state Capitol. Thank you.

LT. GOVERNOR DAVID DEWHURST: Senator Van de Putte, I'm going to come back to you in one second. I see a man struggling under the weight back there. Mr. Doorkeeper.

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

LT. GOVERNOR DAVID DEWHURST: Admit the messenger.

MESSENGER: Mr. President, I'm directed by the House to inform the Senate that the House has taken the following action, the House has passed the following measures, HB114 by McLendon relating to designating April as minority cancer awareness month. HB554 by Donna Howard relating to --

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Van de Putte to speak on charter schools and the people here.

SENATOR LETICIA VAN DE PUTTE: Thank you, Mr. President. Mr. President and members, I too rise today in recognition of the great work of our public charter schools. I was in the House when we passed that first bill and it was something very, very different and we knew we had to offer parents and students something more. I am very proud today to have from the gallery folks from San Antonio in particular Senate district 26 and students and parents everything you should do should be a learning experience and being in the Senate gallery today is a learning experience. And so when you have your rally outside, that's when we get to hold placards and yell and slap. But once you come inside the Senate as Senator Wentworth has it, we have certain rules and those are called the rules of decorum and so normally we don't have any demonstrations, you could imagine what we debate on this floor, everything from agriculture to sonograms. If we had people in the gallery that would be able to scream out and today we are in joy because you're here, then it would impact the debate and so I want to tell you that our Senate rules are them that allow us to operate so that the members can hear each other in debate. So those rules exist and when Senator Wentworth asked for strict enforcement it means at the end of the resolution we politely clap and I wanted to include that so you know we adore you being here. In fact this is your Capitol but let this be a learning experience on how business is conducted in your state Senate. I am so thankful today to have Responsive Ed Solutions, Kip San Antonio, Port Viva and a special hello to the Harmony Science Academy. And I want to say a shout ut to my Harmony Schools. My dad who's 80 years old, a Korean war veteran, goes about twice a week to the charter school about three blocks from his House where he helps the students. He has written poetry and he loves to volunteer. Thank you for reaching out to the people in the community and the neighborhoods and inviting them to come and be a part of the schools. I'd like to have Responsive Ed Solution, Kip Science Academy and Port Viva, would you please rise and be recognized and we thank you for visiting your Capitol. Thank you.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Patrick.

SENATOR DAN PATRICK: Thank you, Mr. President and members. As you know I had the pleasure and honor of speaking to all of you a few moments ago outside and members as I told them they are our future, they are our hope and I hope what you see here today students as you've been sitting here for the last half hour, 45 minutes that we in the Texas Senate, Republicans and Democrats is that we can agree but we do it without being disagreeable. I think you see the personal relationship and the interaction on the floor. Sometimes what you see in the newspaper or read about politics and a lot of it is a lot of hype and goes on in Washington. I'm proud to serve in this chamber where we have great mutual respect for each other and in the charter bill and I know you can't because of decorum you can't shout out the number like you did outside, we know it's 127 but that bill passed because of our chairman of education Florence Shapiro guiding me and helping me with that bill, Senator Van de Putte, Senator West, other members in this chamber Republicans and Democrats from the border areas, from the inner cities from the border -- we came together for the future of education. So I hope if one thing you take from today is that you are our hope and you are our future and together the Texas Senate is working to give you the best future that we can possibly give you. Thank you for being here today.

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

SENATOR FLORENCE SHAPIRO: Thank you very much, Mr. President and members. Once begun I would just like to say thank you from all of us to all of you for being here with us today and we hope that you take away a really good experience. I think you heard the sincerity amongst all the speakers how much we appreciate you being here. With that let us honor you by applauding you. Thank you.

LT. GOVERNOR DAVID DEWHURST: Again, thank you, we appreciate you being here ladies and gentleman. The Chair lays out -- the following motion by Senator Whitmire. The secretary will read the motion.

PATSY SPAW: Mr. President, I move suspension of Senate rule 7.70B to permit the introduction of the following bills. Senate Bill 1928 but Ellis and West relating to an African American Texan memorial monument on the Capitol grounds. SCR51 by Ellis and West expressing legislature support for the construction of a monument to African American Texans on the ground of the state Capitol at a location approved by the preservation board for a monument for a

(inaudible). Motion by Whitmire.

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

PATSY SPAW: Senate Bill 1928 by Ellis and West relating to an African American Texan memorial monument on the Texas Capitol grounds to administration. SCR51 by Ellis and West expressing the legislature support for the construction of a monument to African American Texans on the grounds of the state Capitol to administration. House Bill 1866 to transportation and homeland security. House Bill 143 to transportation and homeland security. House Bill 627 to jurisprudence. House Bill 790 to agriculture and rural affairs. Had been 831 to intergovernmental relations. House Bill 850 to intergovernmental relations. House Bill 1060 to natural resources. House Bill 1209 to jurisprudence. House Bill 1343 to jurisprudence. House Bill 1390 to business and commerce. House Bill 1648 to natural resources. House Bill 1812 to intergovernmental relation. House Bill 2002 to international relations and trade. House Bill 2040 to transportation and homeland security. House Bill 2122 to jurisprudence. House Bill 2141 to transportation and homeland security. House Bill 2342 to business and commerce. House Bill 2488 to jurisprudence. House Bill 2495 to business and commerce. House Bill 2538 to open government. House Bill 2771 to transportation and homeland security. House Bill 2870 to finance. House Bill 2964 to intergovernmental relations. House Bill 3004 to business and commerce. House Bill 3255 to state affairs. House Bill 3421 to transportation homeland security. House Bill 3487 to business and commerce. House Bill 3823 to transportation and homeland security. HCR99 to state affairs.

LT. GOVERNOR DAVID DEWHURST: Members, the Chair recognizes the dean of the Senate for a highly privileged motion.

SENATOR JOHN WHITMIRE: Mr. President, I would move the Senate stand adjourned until 2:45.

LT. GOVERNOR DAVID DEWHURST: Members, you've heard the motion by Senator Whitmire, is there objection from an member? The Chair hears no objection and the motion is adopted and the --

SENATOR MIKE JACKSON: Mr. President, I'm not sure I heard that. What was the time we were going to adjourn to? 2:45? Okay. I just wasn't sure I heard you right. Thank you.

LT. GOVERNOR DAVID DEWHURST: Right, I'll see you there, Mario. Members, you heard the motion by Senator Whitmire --

SENATOR ROYCE WEST: Mr. President.

LT. GOVERNOR DAVID DEWHURST: Senator West, for what purpose do you stand, sir?

SENATOR ROYCE WEST: 2:45 is that today, tomorrow or when?

LT. GOVERNOR DAVID DEWHURST: That is today, Senator West.

SENATOR ROYCE WEST: This legislative day or this calendar day or --

LT. GOVERNOR DAVID DEWHURST: This calendar Wednesday, sir.

SENATOR ROYCE WEST: Okay, just asking.

LT. GOVERNOR DAVID DEWHURST: Is there any objection from any member? Chair hears no objection, so ordered.

(Recess.)

LT. GOVERNOR DAVID DEWHURST: Members, the Senate will come to order and the secretary will call the roll.

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

LT. GOVERNOR DAVID DEWHURST: Thank you, madam secretary. A quorum is present. Would all those in the floor please rise and in the gallery please rise for the invocation to be delivered by the Honorable Senator craig Estes.

SENATOR CRAIG ESTES: Members, welcome to a new legislative day. This is a prayer for hope and healing. O God of all creation, we live in a very broken and fragile world. On the outside, our world often appears to be so very well organized, so developed, and so modern, however, on the inside, the seeds of despair can be found almost everywhere. If there is one thing our world needs more than anything else, it is hope. If there is one thing we need the most, it is hope. We all desire a world of peace, a world of equality, a world of good health, and a world of life. This is what we pray for; this is what we hope for. This is the real inheritance we would all like to pass on to our children and grandchildren. That is why we turn to You today in prayer, O God of all creation. I pray for a great healing in our world, as well as a healing in our own lives. No one wants to live in a world of despair, a world where the future does not look better than the past. We all desire to live and die in a hope-filled world. Please grant to our world the healing which we can't bring about ourselves. Please grant to us the power to heal the wounds of division and desperation wherever they might present themselves. Bless our world and our world's leaders with great wisdom so that starvation, illness, and inequality can be banished forever from the face of this Earth. And lastly, God of all creation, please heal us in body and soul so that we may again be made whole. Raise us up to new life and give us an abundance of hope. Create in us a new spirit so that we might always look forward to each new day as another opportunity to better share our love with You and with our fellow brothers and sisters. Yes, heal us, O God of all creation, so that we might be freed to proclaim the beauty of Your creation to all those who journey down the road with us to that kingdom of eternal hope and joy. Amen.

LT. GOVERNOR DAVID DEWHURST: Amen. Please be seated, ladies and gentleman. Thank you, Senator Estes. Members, Senator Whitmire moves to dispense with the reading of yesterday's journal. Is there objection from any member? The Chair hears no objection from any member, so ordered. Members, that concludes the morning call. Members the Chair lays out Committee Substitute to House Bill 3 -- I'm sorry -- members, the Chair lays out Committee Substitute to House Bill 1. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 1 general appropriations bill.

LT. GOVERNOR DAVID DEWHURST: On third reading and final passage. The Chair recognizes Senator Ogden for a motion.

SENATOR STEVE OGDEN: Mr. President and members, I would like to thank lieutenant governor, I'd like to thank the Senate and I'd like to thank all those hard working state employees that brought this moment before the Senate. And in appreciation I move final passage of Committee Substitute to House Bill 1.

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

SENATOR LETICIA VAN DE PUTTE: To speak against the motion.

LT. GOVERNOR DAVID DEWHURST: You're recognized.

SENATOR LETICIA VAN DE PUTTE: Thank you, Mr. President and members. This is a very unusual day for us here on the Senate floor, different process, but one thing remains and that's our duty and our No. 1 duty is to pass this budget, to craft a budget, that's our constitutional duty. Sometimes we've been able to complete it in a regular session and there have been times as a member of the legislature that the governor has called the legislature back to complete its task. As I sit here and walk on this Senate floor I'm reminded of the portrait of the lady who is right in front of the me Barbara Jordan, Senator here in Texas, congresswoman and there was something that she said in the commencement address that really resonated with me. She said what the people really want is very simple. They want an America as good as its promise. As a Texan I think she was speaking about Texas and about our country and so what the people of Texas really want is very simple. They want a Texas as good as its promise. Members, this budget doesn't honor that promise. The promise to the people of Texas has been that this is the place for opportunity, that it's a place where very common people can come and they can work and they can live and they can raise their families and they can educate their children and they have that opportunity. That Texas promise I think is heartfelt, it's something that my grandmother Memo called la promisa, the promise. A promise that is uniquely Texan and more than that every generation holds dear to their hearts and that's that the next generation will prosper and have greater opportunities to help others in the future, they'll have the greater opportunities to succeed than their moms and dads. And I can tell you this that this promisa is something that's very unique to Texas and to America. Many of you know my husband Pete and he has a family from Belgium and I love his Belgium relatives and they live in a different sort of country, a tiny country with lots of history. And when we visit them, they're dear people but they are so very different and they're different because their attitude and their promise is not what we think of la promisa. You see, in my husband's family in Europe, they're attitude is, well, if it was good enough for grandpa, it was good enough for my dad and it was good enough for my dad then it was good enough for me. And if it was good enough for me then it should be good enough for my kids. And that's so very unAmerican, very unTexan where we want the next generation to have it better. But the idea of a generous and to a prosperous future, it will not just be our problem, it will hamper us in the future. It's the problem now and it is something that I feel we may just have been dealt that bad hand. There are choices that we have made and I still think that there's choices to be made, we still have subsequent pieces of legislation where I think that we could have the court and jury to live up to this promise in our willingness to be a directive body, we promised to execute our elective duties and we all stand here and we take that oath, we take the oath to preserve and to protect and defend the U.S. Constitution and the Texas constitution. And the first thing in that constitution that rings dear to all of us is the duty of a free and public education. In that we've also created jobs and a strong economy. But members, I fear that this budget doesn't adhere to that promise because if we really mean that education is a priority, then we wouldn't be talking with all due respect about a new norm, a new norm where we define what is our responsibility as less than what we know is needed in our public schools. And the promise that we hold for our public schools is that they be held accountable for providing that quality education. But the truth of the matter is that this budget cuts quality because we're under funding by $4 billion what we know is needed. So we can say to people, come to Texas, bring your families, come for jobs and opportunities, we welcome you. But goodness I hope your spouse isn't a teacher because with this budget there will be no new jobs for teachers and goodness if you have school children, they're going to find a different type of classroom than we had before, different tape of education because we're not counting them, we're not counting those new little Texans that are coming. This budget does not reflect it and yes, this is the first time that we will not fund enrollment growth, and so is this the Texas we're wanting to build, is this the Texas that our families deserve? That's what I believe. But I wasn't so sure, so in the process of this legislative session I went back home and had a series of town halls, there were six of them that were over 300 people there and so I listened. I listened, I went home to ask and I listened because the debate about this budget is not just happening on the Senate floor and the House floor, it's happening at the kitchen tables of Texas families and I wanted to hear from the people in my district and the people that came to those town halls came so basically there were heartbreaking -- hundreds of heartbreaking comments from concerned parents, from teachers, from students, from librarians, school nurses, administrators, nurses, doctors, law enforcement officials, and college students who shared their disappointment and their frustration with the legislature's approach to balancing this budget. And after hearing the testimony and hearing what their comments were, it was more apparent to me that there's a huge disconnect between what the people back home really think that we're doing here for them and what we're really about to do to them. As we look at this budget, we can't forget that each of the numbers on that hefty document and page reflect a real person, the line items of the state budget are not just numbers, they cannot -- they cannot be adjusted or erased or retyped or reset, they are here. The entities, the organizations, the systems that receive state dollars are not just words and numbers on the piece of paper, they are people. And they are the very people that we have made the promise to about the Texas that they can live in, that they can raise their kids in. This budget does not honor the concerns of the distraught grandmother who pleaded with me to avoid balancing the state budget solely on cuts, as the caretaker for her si years old granddaughter whom she adores and she does homework with every night. She's concerned that her granddaughter's teacher will not be there next year and she told the group assembled with tears in her eyes it's awful, it's awful, I pray every night that God gives us a solution. We need to educate our children, what future are you seeking. And the budget does not ease the anxiety of the thousands of motivated school teachers, nurses and counselors who have devoted their lives to educating our most precious resource and they feel they're in jeopardy. One second grade teacher who was pregnant with her first child spoke out. She had received a layoff notice earlier in that week and holding back the tears she shared, I love teaching, it's a demanding job but I love to see my students exhibit more confidence, compassion and enthusiasm for life and learning as they study new concepts. I became a teacher because I wanted to impact children's lives in a meaningful way so why are our state's children and teachers bearing the brunts of these budget cuts? That's her question. Many times on the Senate floor we've championed for teachers who have committed their careers to students and help them develop that lifelong love of learning and yet we already -- we are ready to pass a budget that does fire thousands of our teachers. The budget does not honor the frustrated father of two talented high school students whose school district announced that they would offer fewer elective science labs and fine arts program because of state budget cuts. He questioned why the state legislature has failed to prioritize education. It's the priorities. And he shared 27 billion it's not money, it's people. This shortfall threatening the long-term state and well being of every Texas family I know and sadly we all feel like we're being held hostage by this state. I don't know what we're going to do if we don't get real, why don't you people get real about funding education. Those were his words, not mine. So the proposed state budget doesn't address their concerns, it doesn't nurture the people of the state that I know and that I know that we can become and it fails on la promisa, it fails on the promise. This budget treats people as numbers and it is what it is. But we cannot forget that those numbers are people and I have seen their faces and I have heard their voices and I will not ignore, I cannot ignore their pleas. On the contrary, I really believe that I was elected and I serve in this position in the Senate which I hold so dear to make sure their pleas are heard and that I am in a position to listen. I've told my constituents that their opinion counts and I mean it and their opinion is that this budget does not honor Texas promises.

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

SENATOR EDDIE LUCIO: I would like to speak against the bill.

LT. GOVERNOR DAVID DEWHURST: You're recognized.

SENATOR EDDIE LUCIO: Thank you, Mr. President and members. Members, there's been a lot of talk during the budget process about the constraints that we're under. It has been said that this budget is the best we can hope for considering those constraints. However these constraints are not fiscal constraints, they are political in nature. Political constraints have proposed that we sacrifice moral responsibility on what I consider a false altar of fiscal responsibility. Political constraints have led some of us to put the next election before this next generation. These self imposed constraints, we've gotten a few things backwards in my opinion. I've heard members referring to rates and revenues as taking from people while others have referred to cuts as sharing the pain. That in my humble opinion is backwards. It is cuts that are about taking often from the most vulnerable in our state doing what it takes to maintain current spending is about sharing, caring, not taking. Here is another example last week some of us supported cutting wages for state workers, that was based on the grounds that they should contribute quote unquote to solves the budget hole. By the same logic why not ask businesses to contribute their over $30 billion of tax exemptions strong throughout statute, why not cut tax exemptions across the board but instead we cut Medicaid reimbursement and public school formulas across the board. Again, we got it backwards. Our priorities like tradition and fact, any trace of vision has been all together crowded out from our budget negotiations. It says in the Bible, Senator Patrick, that people perish without a vision, Proverbs 29:18. Members, it is vision that Texas meets right now and it is vision that is sorely missing from this budget. Right now Cameron county, my home county in my district has the highest unemployment rate in Texas. All of Texas, how do we change that? Through investment, yes, not through cuts but for Cameron county this budget defunds nearly 500 SD jobs which will lead to even more jobs being lost in the private sector. Nearly 1,000, Senator Hinojosa ISD jobs will be cut in Hidalgo county. Where is the vision for my district's economic future in this budget? Where is the hope that I can talk to my constituents about? Governments are supposed to give people hope, not a headache. Some have argued that in hard economic times we need to be like a family or a business, that we need to live within our means, but these are false comparisons. Governments are not about -- are not about businesses, they are not businesses, governments do not have the option of cutting their losses and walking away. Governments have moral responsibilities and in hard times families spend their savings or take on night jobs before they stop providing their kids with what they need. Why? Because they love their children and they have a vision for their children's future, they will do whatever it takes to give them the start they need in life. You've heard me talk about my dad many times and my dad had a vision for his family, he taught us to give. He taught us to give. He didn't regard sharing as taking, even in hard times he made sure that we were generous to those even less fortunate than us. He never forgot that as God's children we belong to one another, we belong to one another. Members, the people of this state understand these things as well, Texans recognize the budgets are moral documents that budgets s are about. What we believe we owe to each other as human beings, Texans know they need medication, hospital treatment, protective services, quality schooling, a stable home environment and a safe border. I thank Senator Williams for working so hard on that issue. In their hearts Texans present the ability of people to afford these things should not be the deciding factor whether or not they receive them. That's not a socialistic idea, it is a biblical one as I read the greatest book ever written, the Bible commands us to note quote not harden our hearts nor close our hands to our poor brothers but freely open our hand to him and generously lend him sufficient for his need. It's in the Bible. Members, there are people in this state who are dying because they can't afford to live. We have over 1 million children in this state who don't know where their next meal is coming from. If you don't believe me, please come to my district. I will show you poverty, I will introduce you to those we are entrusted to care for but I think I'm not privy for that setting. I think you can find it throughout our great state unfortunately. But caring for one another in a society costs us all something. The most important things in life like caring for those in need always cost something. Life does have a fiscal note. Members, we need a pro-life budget, one that safeguards life and breathes vision into our communities. Earlier this week Senator Patrick, I told him, I voted for House Bill 15 the sonogram bill that you were sponsoring Senator, I voted for it because I strongly believe that people should understand the gravity of their decisions. I want us to reflect on the gravity of our decisions today. I am not certain we fully understand what we are doing with this budget especially with the worst version that will undoubtedly come back from conference. That's my ultimate concern. But unfortunately there is no sonogram provision in our budget process, no one is going to force us to visit people with special needs and say the services you need are being cut. No budget provision compels politicians to tell single mothers working to get by that full day preK unfortunately has been cut. We need a budget that mandates state government to choose life when conception to natural death. That's what I live for. This session we have already passed bipartisan legislation out of this chamber that protects life but this budget is not one of those bills unfortunately, not for my district, maybe not for yours, that is why I am voting no. I understand that no is a no vote, I understand what it means. It means being blamed, Senator West, that that was made clear last night. Well, that's fine, blame me, blame all of us who vote no. But blame us for standing up for our schools and blame us for standing up for the poor, blame us for insisting that we fund the state's moral responsibility. Go ahead and blame me. You know why? Because I am at peace. I'm at peace, members, I'm at peace today with my decision. This is one of the easiest votes I have ever taken, I am not scared to return home to my district and explain my decision. I have peace in my heart and I hope you do too. I went to Mass this morning at 7:00 a.m. I think God really wanted me to be there because what was read in the (inaudible) Psalm said the Lord hears the cry of the poor, the Lord hears the cry of the poor and to me that's my consolation that those that we leave behind or leave outside the doors of state government will have the graces of our Lord. And I've been here for 24 years I know each one of you by name and I want you to know I care about you and I prayed for you this morning and I will continue to do so. Senator Estes, you know, his prayer was very appropriate. He spoke about healing and healing as a period of time in our lives that has to come to be. The last thing I want, members, is to offend you with my remarks or words today but I am passionate to see no one left behind especially those in my district that I know so well will be hurt by this budget. Finally I hope that when we are through with this budget we can get back to passing good laws, that will lead to good public policy for the good people of our state and I just -- I'm grateful to have an opportunity to work in this body to find solutions, to find answers and to address the needs and the people of our great state. Senator Ogden, with your permission, I would like to ask you two questions. Budget rider 58, Mr. Chairman, would eliminate Medicaid secondary payments by the state for patients who are duly eligible for health care services paid by both Medicaid and Medicare, this proposed policy change in rider 58 would severely impact dialysis providers in my Senate district and could cause some dialysis providers to close half of their facilities in my district. Facility closures would require my constituents who need to drive much farther three times to dialysis treatment every week for their dialysis treatments. This could result in patients missing treatments which could cause the state substantially more money in dialysis patients have to become hospitalized. My first question is this, was a disproportionate impact to dialysis providers contemplated when rider 58 was adopted, sir? Okay. I'm asking a question.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes -- all right. The Chair recognizes Senator Ogden.

SENATOR STEVE OGDEN: Senator, I'm not as familiar with the details to that rider as your question seems to suggest, can you tell me what page in the bill that rider is? I'm looking at a rider 58 on page 267 and I think this maybe it says expenditure and transfer of additional public health Medicaid reimbursements but you need to tell me which bill in the rider 58 you are talking about.

SENATOR EDDIE LUCIO: I don't have the page myself and we can go ahead and look at that because my next question really is will you review this rider to see what can be done to fix this problem in the conference committee if what I ask you, you know, has the merit to do so.

SENATOR STEVE OGDEN: Well, yes, once I see the rider, if there's some unintended consequence in that rider that would lead to what you suggested, I'd be happy to work on it but I need to study that rider a little bit and make sure that --

SENATOR EDDIE LUCIO: That's good enough.

SENATOR STEVE OGDEN: -- what your fears are accurate and then look and see if there's some way to trace it but I just don't know right now.

SENATOR EDDIE LUCIO: Okay. What I'll do is I'll share it with you this fact sheet where it calls for a number of seven clinics and a total of 168 employees but more importantly 907 patients that would be --

SENATOR STEVE OGDEN: I will look into it and get back to you.

SENATOR EDDIE LUCIO: Thank you very kindly.

SENATOR JANE NELSON: Mr. President.

LT. GOVERNOR DAVID DEWHURST: Senator Nelson, for what purpose?

SENATOR JANE NELSON: I think I may be able to clarify for Senator Lucio.

LT. GOVERNOR DAVID DEWHURST: You're recognized.

SENATOR JANE NELSON: Senator Lucio, I believe the rider that you're referring to was a cost saving reduction that -- okay. We implemented a cost savings of 324.1 million and that helped us pay for the provider rate reductions. So these -- this was for individuals duly enrolled in Medicaid and Medicare, Medicaid currently pays provider the full amount owed for Medicare part B sharing after Medicaid has made the payment. Now, this proposal that you're talking about would limit payment for cost sharing to the Medicaid rate and since Medicaid almost always pays less than Medicare substantial savings were possible and that helped us pay for the rate restoration. So it was a positive thing.

SENATOR EDDIE LUCIO: Well, that's not what I hear from my district and I'll be happy to share the information I received from my district with with you, Madam Chair. This proposed policy change in rider according to them would severely impact dialysis providers in the district and could cause some dialysis providers to close half of their facilities because of the lack of money.

SENATOR JANE NELSON: Well, you know, it leaves 14 other states do that already and Texas already does that with hospital payments so, you know, hospitals could offset that with UPL.

SENATOR EDDIE LUCIO: Well, I think the point I want to make is that we could have obviously found additional resources to help this and many other health care issues that people are talking to us around the state.

SENATOR JANE NELSON: Senator Lucio, you were such a valuable member of all these discussions and I appreciate that. You know how hard we were trying for the rate restorations. We thought it was very, very important that we get those rate restoration up and we were looking for cost mechanisms to do that and this is one we found what or states we're doing it and that's the reason we implemented it.

SENATOR EDDIE LUCIO: Madam Chair, I will never ever question your leadership abilities and your compassion. I think we just didn't give you enough tools to work with. The money that I think we should have given you, that's all I'm saying. Thank you.

SENATOR JANE NELSON: Thank you.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senators. The Chair recognizes Senator Ellis for what purpose do you rise, sir?

SENATOR RODNEY ELLIS: Mr. President, I rise to speak against the bill.

LT. GOVERNOR DAVID DEWHURST: You're recognized.

SENATOR RODNEY ELLIS: Mr. President, I speak against the bill but I don't speak against the chairman. I think that Senator Ogden and the finance committee did an outstanding job of what they had to work with. I do speak against the process, the way we got here and this is not to rehash the notion of us changes tradition, I said that yesterday. So maybe it wasn't heard but I won't say it again, you can just pull it up on the record. What we did was put parameters on what we could do for the budget cycle, Senator Fraser, this go around and I don't think those parameters were fair. I'm not advocating raising taxes, hey, I get that. My colleague Senator West has quoted Bill Clinton's line a number there's consequences to election. I get that, but I'm convinced when a lot of us go home, when you go back to your districts, I don't think those folks that gave you the election mandate really want you to make some of the Draconian cuts that are going to come as a result of this process and this budget. We all know that most of the money we spend goes into two areas, it goes to health care and it goes into education. That's not just in this state, it's all states. It's health care and there's education. Hey, I can face that. I've got an 89-year-old daddy with a 6th grade education, put two kids through college to get terminal degrees, he did pretty good for himself, had a little money and he went in and out of nursing homes as long as my sister could afford it with his money, with the money that he left. But at some point we're going to have to make a decision on what we do. Now, my sister and brother and I are fortunate that between the three of us we got a little money, we can scrape our nickles together and it can be okay. But the face of the average Texan is not like the household that I preside over or the ones that you preside over. We don't fund growth in this budget, we don't fund growth for public schools, and we don't fund growth in most of those health care areas and we are going to pay a price for that. Now, we are proud, we picked up four congressional seats and that's the political dynamic and later on in this session or in the special we're going to fight over who gets the spoils as a result of that population growth but you can't have it both ways. You can't be glad you picked up all these people, that all these people are moving to Texas and then we don't want to pay for them. The challenge with this budget and the reason that I have a problem with is it is because we are not addressing the needs of Texans under this budget and that public school area in particular, if we can't come back next session and make up for the damage we do this session, essentially writing off possible a generation of kids and we're not doing that. You can talk all the education reform that you want to talk. We can reform our way out of being virtually at the bottom in terms of the number of kids who are graduating from high school. We have a very young population in Texas. We have one of the biggest disparities in our state compared to most of the states in the country. By disparity I mean those who have and those who don't have. It's a challenge for our neighbors on the other side of the border as well as and we know that. Now, how did we get in this box? I remember the first meeting that I had with the presiding officer, supposed to be a 20 minute meeting and I guess we met for about an hour, Governor, and you said to me, what advice can you give me, what lessons have you learned from having the finance pen in your hand. I was hoping you'd say something to the effect maybe you're on the list, keep it again, but I kind of got the sense that decision had been made and I could see the writing on the wall. Governor, what I said to you was the first lesson I learned, and I had been here a decade then, I learned that it's not a two year budget, it's a four year budget and that's the comment I made to you. I said, look virtually every state in the country is probably going to raise revenue. It's a four year budget because if you got to raise the revenue, if you got to make people mad and you plan on coming back, it'd be a wise thing to do at the beginning of a four year cycle for a statewide elected official and not at the end. We ought to know this budget is going to kick that can down the road. What are we going to do two years from now? All of us are running, I assume, coming back because of redistricting but then when whoever is governor, lieutenant governor, comptroller, attorney general, all those statewide folks, how are they going to make those tough decisions? At some point you have to do that. The advice I gave them to my friends who were new to this process coming to this chamber in particular was it's a four year cycle and virtually every state is going to raise revenue, so if you got to do it bite the bullet and get it on out of the way. All of us know it doesn't take a genius to get reelected saying you're cutting taxes. In fact that tax cut stuff is so good you remember, Chairman Ogden, I decided to pass me one and bragged about it the longest. I think I'm going to update that, change it a little bit on my bio assuming I plan on running. If you kick this can down the road how do you solve it? What do we do about the folks who are not going to have access to nursing homes who need it over this two year cycle? How are we going to make up for that in two years? For those classrooms that we're going to figure out if we can't pass, if a bill does not pass because I'm against going to one then I assume somebody's going to give somebody a waiver and pack as many people into the public schools as you can get into those classrooms and those kids are going to pay a price for that. Now, look what did this rainy day fund become so (inaudible). I don't want to take into position, I'm just telling you what's wrong with it, we do have more revenue. At the end of this cycle, Mr. Chairman, I guess the rainy day fund has about 9.4 billion funds proposed in House Bill 4 to pay last biennium's deficit under our balanced budgeting process will come to $3.24 billion that leaves us about 6.2 billion, if my math is right. I hope you correct it for the members in your closing comments. I have heard estimates as high as $3 billion will come into this rainy day fund during the biennium. I am not sure if it was 3 billion a year because price of energy -- of fuel is so high it's going to be 3 billion by the biennium but it's going to grow. Now, I want to give you a little history, and if I'm wrong I hope the chairman will correct me in his closing comments. On this rainy day fund which for all practical purposes which I'm going to give you next year, Mr. Chairman -- call it the flip-flop fund. In 1991 the legislature spent the entire balance in the rainy day fund $28.9 million and dedicated it to public schools. In 1993 the legislature spend the entire balance on criminal justice $197 million. In 2003 the legislature appropriated 1.3 billion from the rainy day fund, almost every penny of the balance forecasted by the comptroller in 2005. In '05 the legislature broke in 1.9 billion in the rainy day fund. In 2007 Governor Rick Perry proposed spending the rainy day fund to provide property tax relief. I mean, when did it become so (inaudible) in terms of other options of coming up with additional revenue sort of raising taxes since that will get some of us defeated. Oh, and won't that be awful if some of us didn't get to come back, so I'm not even laying that option on the table. Look at some other things we have talked about that we have not done, we can eliminate or reduce that one time filing payment to retailers. If you get rid of it, that's 220 million. That was a proposal I think Senator Davis made an attempt at it to use the governor's incentive funds but could have gave 200 million. Somebody pushed the ideas of subjecting those small cigars to the same tax as cigarettes. That would have gained us 25 million. I won't even mention a separate bill that I can't get up on the floor even with some of the best help that a fellow can find or a woman can find to get a bill passed to reduce secondhand smoke. We got a fiscal note on that bill I think somewhere in the neighborhood of $30 million. Say people can smoke but just don't smoke in a restaurant while we're in it. We could remove the sales tax exemption on computer work and gain $384.4 million. We could crack down on sales tas fraud and exported goods and gain 6.3 million. We could eliminate the high tax gas cost that Dean Whitmire and so many people have talked about and gained at least a billion dollars. And the ultimate one, by the way, since we're passing bills with the majority vote anyway, if a casino gaming bill comes other from the House, Senator Nelson, why don't we just make that one the next one on the calendar and pass it? I'm not advocating it, I just want to point out, by the way, I don't gamble, I never bought a lottery ticket since Texas legalized it. I love going to Las Vegas and seeing the shows, but I don't put my money in a slot machine. But I did put it in the stock market so maybe I am a gambler. We made choices on this floor and in committee on this budget. And I don't think that they were the best choices. We give this analogy all the time about you ought to treat the state's finances, public finances just like you treat a household. I don't think we did that. I'm 57 years old, at 49 my wife and I decided we'd have another child so now, I'm 57 with a 7-year-old child and having three others I had to make tough decisions. I have to decide that that luxury car that I'd like to get while I'm going in a midlife crisis I can't buy that. I have to make decisions in terms of family planing, in terms of great retirement system we get from the state, I have to designate something for a kid that's 50 years younger than me. We haven't done that kind of long range planning in this budget for the future Texas, the fastest growing state in the country. I mean, what we do is a big part of the economic engines that made this state grow. And let me tell you we haven't had all those jobs and all this growth just because we're so smart or because we're so pretty. Fact of the matter is on most of the rankings and those rankings mean something, we don't vest nearly as much in our people as our competitive states do and it, my friends, will catch up with us. I know, Steve Ogden, you did the very best that you could with the cards that were dealt to you, but I'm telling you I think for our state to move forward, you ought to hope that this blows up and does not pass on the other side because I think you can get a better day. I think if most people in Texas really know what these cuts are going to mean they wouldn't be for them. Your job is to make tough decisions, this isn't the business of making everybody happy. Look, most of us have been here long enough anyway, it wouldn't be the end of the world for somebody to put their name on the ballot and speak the truth and get defeated. So what, could be a cleansing process. We haven't invested enough in our people in a state that is the 4th majority minority state in the country. The needs of our Hispanics in particular our growing population, our future, we haven't invested enough in educating them and we haven't invested enough in health care. And, my friends, we can do better. So for that reason I'm going to vote against this bill but I'm going to commit to you that I'm going to use every bit of strength that I have to help make the case to our friends on the other side of the aisle if some of these bills that would close loopholes to give us more revenue to address needs, then I think all of us would agree we would like to address, we ought to do that but I think capitulating to our colleagues, many of whom are new and have no earthly idea what's going to be unleashed on them when they go back to their districts that they think are ultra conservative, they're going to find out ultra conservative means throwing them out just like this budget is going to throw some people out of the nursing homes and keep some kids from going to classrooms where they could get a decent education, like we're giving our kids. So I'm against this budget, Mr. Chairman, but I have tremendous respect for you and for the process of this body. And I do regret that we have decided to change a great tradition that has made us a very collaborative body in the past. Thank you.

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

SENATOR WENDY DAVIS: To speak against the bill, Mr. President.

LT. GOVERNOR DAVID DEWHURST: You're recognized.

SENATOR WENDY DAVIS: Thank you, Mr. President and members. I really struggled with whether I was going to stand up and say anything today and I think all of us did those who are speaking against the bill, it's a done deal. It's hard wired. It got hard wired through the change of procedures in this Senate floor today in order to accomplish it. And as part of making sure that we passed a budget by a simple majority vote here we left some important voices out of the conversation. The voices of the district that I represent and that 11 other members on this floor represent are left out of the conversation. There have been conservative voices that have been speaking to where we are as a state. It's not just Democrats, former demographer Steve Murdoch who headed up the census bureau under president George W. Bush, talked about the dismal education achievement and the high poverty rate in Texas and he was quoted as saying that the state's public schools have more and more low incomes and persistently high dropout rates. And unless that changes the future of Texas will contain more long term unemployment and poverty and more folks depending on food stamps, Medicaid and CHP. And he also warned of course that higher incarceration rates can be expected as a consequence of that and he says clearly with the dismal levels of funding that we have in terms of education that's where we're headed. He talked about investment. If we invest in that future, if we increase the college graduation rate of Hispanics and African Americans in Texas to that of whites it could mean about $300 billion a year in additional income for Texans. Bill Hammond, former state representative president of the Texas Association of Business joins in that call. Joins in expressing his opinion about the importance of funding education. Every kid deserves to be educated and we're going to figure out what it takes to do it, he says. He also points out that many in the state's leadership look like him, they're Anglo, they do not understand that in 20 years time their children are going to face a bleak future in spite of the fact they have a college education because there are not enough educated workers to move the economy ahead. Governor Perry's own commission select commission on higher education and global competitiveness issued a report in 2009 and in that report they said Texas is not globally competitive. The state faces a downward spiral in both quality of life and economic competitiveness if it fails to educate more of its growing population to higher levels of attainment, knowledge and skills. The rate at which educational capita is currently being developed in Texas they said is woefully inadequate. Yesterday I quoted from a letter that I received from the legislative budget board in the response to a question that I asked him about whether we ever failed as a state to fund student population growth in Texas. The response was that as far back as they could quickly research back to 1948 the answer was no, we never failed to do that and likely that we never have but it would take more research for them to peel back the layers and give the final answer on that. So we are taking a step back today. A huge step back today and as Senator Ellis talked about yesterday and he said a little bit more about it today, where are we taking a step back from? We are already as Senator Shapely was fond of saying -- not fond of saying but certainly felt it was important to point out Texas is on the brink, the statistics tell that story. Forty-six in tax revenue raised per capita, 47 in tax expenditures for capita. Failing to invest in the future of our state, we raise per capita 47th in tax expenditures per capita. Failing to invest in the future of our state, I don't think that's anything for us to be proud of. And the failure to make that investment is showing. We are 44th in our combined state and local funding for schools and Texas enrollment growth. We're 45th out of 50 states in our SAT scores, we're dead last in the percentage of population of people who are 25 or older who have a high school diploma. We're 43rd in our high school graduation rates, we're first in the percentage of uninsured and adults. We're 4th in the percentage of children who live in poverty. We're 49th of our low income population that is covered by Medicaid, we're dead last in spending on mental health and 49th in per capita spending on Medicaid. When Senator Estes gave the prayer for us earlier on this second day of the calendar day, he talked about the seeds of despair that are all around us, those are our seeds of despair. We are at a very precarious place as a state I believe and I also believe that this budget is sealing our fate in that regard. And we didn't get here by happenstance, we got here because we've been making decisions, this legislature's been making decisions that put us on the path where we are because the decisions that we make matter, they matter so much more than getting us through the next two years of a budget. They matter so much more than saying job done, regular session closed. We didn't have to come back for a special. We did what we came here to do. We wrote a budget that got us through the next two years but where did it take us? We've made -- this legislature has made decisions that have helped to put us where we are. In 2003 with college tuition deregulation, tuition rates rose by 73 percent since that time. This budget cuts $1.7 billion from higher education, our family share of higher education has already risen from the 2003 college tuition deregulation from 36 percent to 45 percent. Our families are paying percent of the cost of running our public university system because we moved that off of our balance sheet and we put it onto their checkbook registers and with this budget they're going to take up 50 percent of the cost of funding higher education. In 2006, we've talked about it, been in every newspaper, in my town halls the people that I represent, they know the words property tax swap. They know the words structural deficit and they know it because they know the effect that that decision has had on them. They know that in 2006 this legislature made a decision and they made the decision in spite of a letter from our comptroller that said your plan is fiscally irresponsible. It leaves the largest hot check in Texas history and she went on to say what would happen, what the shortfalls were going to be because she knew that the margins tax was never going to fill the hole from that property tax compression and she was right. Recently Standard and Poors, the financial rating agency, said that the biggest problem in Texas right huh is the property tax buy down of 2006, not the shortfall. And they're right, when we started the session, our comptroller told us that a third of the shortfall that we're facing that Senator Ogden and so many others have struggled to fill, 10 billion of it is attributable to that decision made in 2006. Decisions matter. And it's not just that decision that's presented us with a challenge, it's the student population growth. Our education commissioner said in the recent Texas Monthly article it's not just the '06 decision that creates the challenge we face today, it's that you also have growth of 70,000 to 80,000 students per year and this budget doesn't address either of those. It doesn't address that structural deficit, it doesn't address that student population growth. And unbelievably it leaves billions of dollars untouched in the rainy day fund, a decision, a political decision that's going to have consequences. I honestly don't know how we go home at the end of this session and we answer to our constituents for that decision. How will we tell them that we addressed a budget without asking that everyone share in the sacrifices that had to be made? How will we tell them that we didn't close the loopholes that have been talked about today, Senator Lucio mentioned $30 billion in loopholes, Senator Ellis pointed out quite a few of them specifically how will we tell them that we left $290 million in the governor's enterprise and emerging technology funds which are supposed to assure job growth in this state but we didn't use it to make sure that thousands of teachers and others didn't lose their jobs? How do we tell them that we didn't do anything to cover the hot check that our comptroller in 2006 warned us about? And even worse, how do we go and tell them that in order to try to address that structural deficit, we decided to institutionalize it. We're going to pass a budget that includes an educational funding component that forever more changes the way we'll fund and forever more takes $4 billion off the state's obligation for funding our public schools. How do we tell them that we didn't do, Chairman Ogden, what you asked us to do at the very beginning of this section, fix the margins tax problem. How do we tell them we didn't do that? I rise in opposition to this budget and I am not doing it for political purposes and I am not doing it to be obstructionist. My vote on this budget represents my belief that the budget I've been asked to support is unsupportable. I was not elected to cut billions in crucial funding for education and health and human services and meanwhile leave billions of dollars on the table that could be found so that didn't occur. I've heard the phrase and in fact someone said it today elections have consequences. But with all due respect to other interpretations of what the 2010 election means, I do not think that people sitting back at home and all of our districts intended when they voted that we should prioritize cuts in funding to our public schools, to health and human services, while simultaneously continuing to sanctify corporate loopholes. Keeping loopholes open while shutting classroom doors. This is not the priority of my constituents and I don't believe it's the priority of yours. Keeping billions of dollars in the rainy day fund while it rains on our school children, our teachers, our elderly in need of nursing home care is not the priority of my constituents and I do not believe it's the priority of yours. Failing to fix the structural under funding of our education system and worse, perpetuating it, institutionalizing it, making it legal as this budget is not the priority of my constituents and I don't believe it is of yours. I am in favor of Texas living within its means, I know that we are facing a very tough economic reality, I know that cuts were necessary in this budget but the cuts are too deep and they cut into the heart of our future. This budget challenges our ability to reach its potential and what I fear is that it assures that we will not and for those reasons, in all respect to you, Chairman Ogden and others who are voting in favor of this budget will choose not to. Thank you, Mr. President.

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

SENATOR MARIO GALLEGOS: To speak against the bill.

LT. GOVERNOR DAVID DEWHURST: You're recognized.

SENATOR MARIO GALLEGOS: Mr. President and members, I rise today on this monumental choice that we have before us and before I talk I'd like to once again commend Chairman Ogden and the vice Chair also Senator Hinojosa and the members that served on Senate finance, I know you worked long hours in trying to get something out that we could work with. You know, it's safe to say that we're in a unique situation here. In all my years in the House and the Senate I've never seen the budget outlook like the one that we face today. Members, as a former member of the House appropriations committee, and the Senate finance committee, I know the process. And I know that Texans deserve better. Some were pitching this vote as a choice between the lesser of two evils, obviously we don't have that choice anymore and this House version of the budget that will surely drag our beloved state down the drain for years to come sacrificing teachers, nursing homes, the disabled and young children the people that we are here to represent. And the Senate budget we had that was slightly better. Well, I can stand here today as a member of this distinguished body in refusing to make that choice. I stand here demanding that we can do better, that we make the expectations of the people who sent us here like Senator Davis just mentioned. And that we fulfill our constitutional duties as law makers and that we keep working until we get it right. You know, members, look you, and this has been a tough session for all of us and I spent a lot of time over the last several months about where I came from, what my brothers and sisters at the Houston fire department would thing about the work being done at the this chamber and the committee rooms and the Capitol. I've been thinking what teachers, small business owners, police officers and other hard working people in my district across the state are expecting us to do here. And, members, I think it's simple, they want us to keep their families safe and healthy. They want good schools for their children, they want their kids to have access to quality affordable higher education. They want job security, they want quality health care, they want the most vulnerable members of our society, the elderly and disabled treated with dignity and, members, they want a responsible budget that reflects those priorities. I think we can do it but not with this bill that's before us today. Members, I'll vote against this one today because I am accountable to the people of Texas and to my constituents that elected me to serve in this chamber. I vote no today because the bill is simply not good enough for the people that sent me here and I don't think it's good enough for the people that sent you here either. There's been a lot of talk this session about cuts, I think Senator Patrick mentioned last week, put it best you know we got to share the pain, you know, and members, let me tell you a little bit about the pain the budget will inflict in my district. House Bill 1 as voted out will under fund Houston Community College by percent. Will under fund Lee College by 47 percent. San Jacinto college system 40 percent and will under fund Lone Star College by 34 percent. All these community colleges serve students and employ people in my district and some of your districts also. And all we'll be looking for ways to cover multibillion dollar budget gaps over the next two years of this bill. They will cover these gaps by raising -- those schools will cover these gaps by raisings tuition prices potentially making a reach for education too high for many people I represent. Based on the new formulas in Senate Bill 22, if we ever get the vote on that and the projected funding available in the budget the school districts in my region will take a monumental blow just as I'm sure many of yours will. Houston HISD as we mentioned yesterday, Senator Ogden, over 200 million and still the others that I represent it goes to almost a half a billion dollars just to my district alone and that's unacceptable to me. And House Bill 1 would also have dire consequences in health and human services in my district, Senator Nelson. Harris County health and human services will be under funded by more than $3 billion over the next biennium just to keep current service levels at than, at level. $3 billion members for one county, that's a lot of money. That includes also the Department of Family Protective Services, CPS, foster care services that would be under funded by more than $86 million over the next biennium. Just think about that for a moment, members, you know, these are families, you know, children who depend on services, from the state for health care, adequate nutrition and overall security. We had -- you know, we had a spirited debate in the chamber last week about finding new sources under Senator Duncan's bill to attempt to bridge those budget gaps. Amendments were offered to close tax loopholes, collect taxes that we've been laying around dormant for years and to look at revenues of hiring freezes, or the sources of nontax revenue. At the end of the day though one thing was clear, the money is out there. It would just take leadership and courage to collect it to raise the revenue. Members, I don't argue that cuts are necessary kind of like Senator Davis just said but I worry that the scope of those cuts will have terrible, terrible consequences for years to come. But, you know, let's keep it real here. I mean, we knew -- we knew let's not pretend that our total budget situation comes as a total surprise, it didn't -- we knew it was coming back this session that we were looking at a shortfall. Members, this has been a long time coming and let me tell you what a vote on this bill and, Senator Davis, you mentioned it right, a vote on this bill, you'll be voting really, for a hot check. This hot check. This hot check. This is what you're going to be voting for, this hot check, hot check insufficient funds, insufficient funds from the controller of the state of Texas, a hot check. We've been working from the structural deficit a hot check for too long now and it's time to say enough's enough. Regardless of the politics the Republican controller as Senator Davis pointed out all but foretold in the future that 2006 letter to Governor Perry. I did not see it because I was in the hospital. You know, I saw it later, it was again to me later. If I'd have saw it, I would have talked about it. In speaking of the structural deficit, she said the gap is going to continue to grow year by year. This is a Republican telling us this. Stray horn, controller stray horn. There are only two ways to close a chasm of that magnitude, future tax increases that you are hiding from Texans now or permissive cuts in the future state services like public education. That was five years ago, members, five years ago. Well, it's time to pay the piper. Members, this has got to stop, it's got to stop. I cannot support a budget that continues like Senator West said to kick the can down the road and filling huge budgetary gap with smoke and mirrors and enough's enough. Now, I don't know about the rest of you but where I come from if you write a hot check they put it up behind the counter and you can't do business with those people anymore. You can't, that's in my district I've been there and done that. You know about that, Senator Whitmire. They put your hot check, they post it on the wall, you try to go buy groceries there, they will not -- they will not receive or accept your check. Now, you know if -- let me tell you every Texas family should post a copy of this bill if it passes on their refrigerator and demand that we do better because it's motion granted more than a hot check with insufficient funds a promise that we can't keep. We pieced together a so-called balanced budget through brisk cuts, talent tricks, rainy day funds that's not there anymore in this bill. It may not be approved by the House, we don't know. But the structural deficit, structural deficit, members, the root of the problem is still here and it's not going away. I'm calling on all of you today to reject this bill until we fix the problem. It's time we refuse a band aid to band aid a wound that needs stitches and trust me as a former firefighter and paramedic, this problem does need stitches, Dr. Deuell. Problems won't go away just because we stop funding those solutions. Mark my words, we'll be here next session passing a supplemental appropriations bill to cover the expenses caused by under funding essential state services. People will get sick, kids still need an education, roads still require maintenance and disabled Texans still require care. Custody programs will not save us money, it will cost us dearly, members. The sick will get sicker or our future generation will be less prepared for the work force or infrastructure will go into disrepair and the most vulnerable among us will fall through the cracks. Members, this is not the Texas that I know, we cannot accept this as a reality, let's fix the structural deficit, that's what the problem is. Let's tell the public what they might not want to hear that a budget like ours requires kinds of solutions, cuts alone will not fix our budget. We must reevaluate and change things like the business tax and school finance, we must look at all forms of revenue to fuel our state's economy. I'm confident that we can find solution to those problems that we face but the bill before us today is not the right solution. The bill does not get us where we need to be. It will hurt millions of Texans in the meantime, members. Tonight I'm voting against House Bill 1 because I think we can do better.

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

SENATOR FLORENCE SHAPIRO: Mr. President, I'd like to make a comment about the budget.

LT. GOVERNOR DAVID DEWHURST: You're recognized.

SENATOR FLORENCE SHAPIRO: Thank you. Members, we have heard often on this floor in the last two days the school enrollment, school growth and enrollment and that we're not paying for our new students. I don't mean to give you a lecture nor do I mean to give you anything that you want to know but I'd like to be very clear how we pay for students in our schools. We pay for students throughout foundation school program. The money that we have in the foundation school program comes from many sources. There is absolutely nothing to the idea that we are not paying for our students. The document that we have been listening about or listening to that the LBB gave us which I believe you heard from Senator Davis shows property values, Texas certified property values from 1983 until 2009. What I want you to understand is the way we have paid for student enrollment growth all of these years is through our property values, property values are what paw for student growth. When you get at least 4 percent in property value growth, you pay for your students. 4 percent annual growth of students are paid by property values. Since 2003, 4.2 percent we've had in growth, property has paid for it. 6.22 percent, property values have paid for it. 8.32, 12.95 percent, these are values of property wealth that have paid for student enrollment growth, they always do and they always will. We pay for students, all students, no students are left out. Every student is paid for by the FSP. The FSP is a foundation school program. This provides an entitlement to every single student in Texas in public education. No student is being left out of the system. We're paying for all of them. Every new student receives the exact same entitlement every other student that qualifies under state law. I don't want anyone to leave this chamber assuming that we are not paying for student growth. We pay for every student. This bill does reduce the entitlement for every student but it absolutely does not isolate new students and separates them from all the students that are enrolled in our schools. We fund all of them. Do not go under the -- the opinion that we are not providing funding for them. We are. Property value growth generally pays for that new enrollment, this time it did not. Members of the education committee have heard me say this time and time again. In the education field in this budget, we have hit the perfect storm. The perfect storm has occurred because our property value growth has not just gone down, it is negative. Over the last four years we've had value growth percent, 12.95 percent, 10.83 percent, 10.85 percent in '09 we had 1.09 percent below the 4 percent I mentioned earlier. This year it's more like minus percent. It's our property values that have caused this problem but at the same time it's happened at the same time as I said as our state revenues have also gone down. So the perfect storm has occurred in education in the state of Texas today. It happens that we're sitting with a budget that's $6 billion higher than the House. Their perfect storm is much worse than ours but I must tell you that in my opinion it's not the student enrollment. Growth that we're not paying for quote unquote, I believe what's happened is two years ago what we did was put $3.2 billion of stimulus money into public education from my perspective that's what we're not funding this time $3.2 billion of one time stimulus money. Should we have done it then? Questionable, it was given to us. We accepted it. But what we did at that time was to accept it as a one time un-fusion of money. We had hoped that revenue growth was going to come back, we had hoped the property values were going to come back to at least 54 percent. They haven't, it's the perfect storm. I'm sorry to tell you that but unfortunately at this particular moment in time we were wrong, it did not come back and I just had to get up and explain to you that we are paying for every single child that goes to school in the state of Texas. We are not leaving any child behind. Thank you.

LT. GOVERNOR DAVID DEWHURST: Senator -- Senator Williams, for what purpose?

SENATOR TOMMY WILLIAMS: I had a question for Senator Shapiro.

LT. GOVERNOR DAVID DEWHURST: Senator Williams, you're recognized.

SENATOR TOMMY WILLIAMS: Senator Shapiro, I'd like to ask you a couple of questions because as you and I looked back over this issue since the time period of 1983 something like this is not without precedent, I'm looking at the nine year period that begins in 1985 and ends in, oh, let's see, I would say 1994 roughly where we had 2.58 percent.

SENATOR FLORENCE SHAPIRO: Probably a better 1996 would be a better one to look at because that goes above the 4 percent that I mentioned.

SENATOR TOMMY WILLIAMS: Right. You're exactly right it finally inched back up but during that really the decade of the mid 80s to the early 90s roughly a ten year period we either had negative property value growth or very modest growth roughly below the 4 percent it typically takes to fund enrollment growth would that --

SENATOR FLORENCE SHAPIRO: Correct.

SENATOR TOMMY WILLIAMS: So we're paying for every single student who's in the schools --

SENATOR FLORENCE SHAPIRO: That's correct.

SENATOR TOMMY WILLIAMS: And one last thing that we're trying to correct in your education bill is that we want to fix this issues that we have that's really causing a huge problem in these formulas and that's all these hold harmless agreements. Every time we've made revisions to the school finance formula we've put in a whole harmless provision and that's also a part of the that foundation school program so it's not just our money, it's not just enrollment growth, it's not just property value growth, it's also all of the old whole harmless things that come back from the 90s some of them, the mid 90s that are a part of that whole formula and so in the absence of correcting all of this accumulated weight, it's like barnacles on the hull of ship is the way I explain it to people, that's what makes passing your bill so essential and so I just wanted to point that out and I appreciate your comments very much.

SENATOR FLORENCE SHAPIRO: Thank you.

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

SENATOR CARLOS URESTI: To speak in opposition to the bill.

LT. GOVERNOR DAVID DEWHURST: You're recognized.

SENATOR CARLOS URESTI: Thank you, Mr. President. Chairman Ogden, first I want to say first and foremost that my opposition to this bill does not reflect in any way my personal feelings towards you. You know I hold you in high respect and high regard and I don't believe that any member of this body works harder at the tasks they are given than you. And I do believe you were given a difficult task and the complaints placed upon the budget process have divided the Senate and led us to where we are today. Members. I rise to speak against the Committee Substitute to House Bill 1. The spending plan before us is better than House Bill 1 but it looks good only in comparison to a good bill. I don't believe that it adequately serves our schools, our children and those among us who cannot fend for themselves and there is something else we must acknowledge in this debate today. This bill is not the final word. There are many in the House who believe that it spends lavishly and there is no doubt that the conference committee will produce a budget that is greatly diminished from this plan no matter our best efforts. Yesterday Senator Ogden and I talked a little bit about the conviction that he and I had had a few weeks ago and he acknowledged and I acknowledge that we could do better and so I think it's a fair question, if we could have done better with this bill, what is the conference's committee's product going to look like? Can anyone tell us that we will have a better bill once this bill goes to conference? And more importantly, can any one of us tell our families, our teachers or our children that we will have a better bill once this bill comes back from conference and I would submit to you members that the answer is no. I want to speak briefly about some of the programs I brought up yesterday. In prevention and early intervention programs, this proposal would restore STAR to the 2010, 2011 funding levels and would actually restore the CYD close to the levels of this past biennium and that's great, but these are predominantly juvenile delinquency prevention programs. They are not child abuse prevention programs. In fact the Texas families together and safe child abuse prevention program was allocated only $8.25 million in the last biennium and that is being cut by 37 percent to $5.2 million. The other line item, members, that contains the bulk of child abuse prevention programs which is labeled other at risk prevention is being cut from almost $18 million from the last biennium to $7 million. So that's $12.2 million members. We spend-over a billion dollars child protective services, we're going to spend in this budget 1 percent on prevention programs. Doesn't make any sense. Last year in Texas 67,000 confirmed cases of abuse and neglect in Texas and last year sadly, 227 kids kid died as a result of abuse and neglect. Members, I ask is this the best that we can do and we all know that it's not. I've been in the legislature for about 14 years and I have to say that today is a dark day for me. Not only because of the Senate traditions that are being sacrificed for this bill, but also for the inadequacy of the bill itself and what makes it even darker is that it doesn't have to be this way. We have at our disposal as we know more than $6 billion to offset the damages that coming to our teachers no those among us who truly need the help of government and members they don't want to hand out, they want to hand out. Senator Lucio quoted my favorite verse from Proverbs that says where there is no vugs, the people will (inaudible) even more real strength. The verse from that book comes to mind Proverbs chapter 3:27 says do not withhold good from those who deserve it. When it is your power to about. Yes, the people of Texas want us to spend wisely and efficiently and yes, they want government and those who receive government services to be responsible. All of us do and we all agree with that but I believe that most people understand that we cannot move Texas forward by regarding education, sick children and the infirm as money wasting line items in the state budget. The people of Texas want us to be lean not mean and they want a secure future for their children. Senator Patrick has his good friend and his pastor, Pastor Norwood here this morning and in his prayer and I noted it. He said this is not about us, this is not about the next election, it must be about them, our children. As it is now, Texas is last among the states in the percentage of population 25 or older with a high school diploma, last in the percentage of women receiving prenatal care in the first trimester and last per capita spending on mental health. Among all states we are first in the percentage of population that's uninsured, first in the perjury of children uninsured and 4th in the number of people living in poverty. How can any of that change if we pass a budget that doesn't acknowledge the state's booming population growth, the demand for more schools and teachers and the needs of older Texans and the disabled? Members, this bill tells us in many ways it ignores our needs particularly the inevitable growth of our public schools and by deferring Medicaid and other payments to avoid using the rainy day fund, we run up the state's credit card despite having money in the bank. Members, I'm going to close but I want to leave you with one more verse from Proverbs and it's chapter 3:28 and it says do not say to your neighbor come back later, I'll give it tomorrow, when you have it with you. Members, we have it with us now. Do not make our families or our children come back tomorrow. I cannot say that to my neighbors and my families across my district. With that members, I will vote no on this bill. Thank you.

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

SENATOR ROYCE WEST: To speak on the budget.

LT. GOVERNOR DAVID DEWHURST: You're recognized.

SENATOR ROYCE WEST: Thank you very much, Mr. President. Members, I want to kind of frame this issue today. You have heard many of our colleagues talk about some of the inadequacies that they see in the budget. My good friend, my colleague, my classmate Senator Shapiro who I've worked on education, talked about education, I want to mention that in a few moments. The governor has appointed myself and many of us to the finance committee and we worked, Steve, we worked in a bipartisan manner. There was those on the right, those on the left that didn't particularly care for some of the things that we were doing but I think my desk mate back here Jobin Laben said we need to have a caucus of independent thinkers and I thought that was what we were doing in committee. When Chewy Hinojosa took difficult votes and some ostracized us for doing that because we wanted to make certain that this deliberative body that we call ourselves remain deliberative. Members, I want you to make certain that you understand the historical perspective -- historical perspective with the impact of what we do today will be and then when you go home, look yourself in the mirror you ask yourself whether it was worth it and I understand all of us have our politics we have to deal with but sometimes we have to put politics aside for what's in the best interest for the state of Texas and I want to make sure I frame this issue, Senator Duncan, in terms of why we're going to have for the first time in the history of this state, Senator Ogden, in over 20 years I should say a partisan vote on the budget. You go back, members, and look at the history. We have our differences, there's never in the last 20 years been a vote on the budget from the legislature that was along the partisan lines. It's a dark day, Senate. When we talk about our House colleagues and the governor not wanting to use rainy day funds. So I'm framing the issue, this isn't about raising taxes, this is about what many of us have said that we want to do, use some of the rainy day fund. That's what this is about. It's about using some of the rainy day fund Senator Shapiro for fundings. We take $4 billion out of things and yes, you are right we do fund our children but we fund them with less resources. That's what we do. While we allow the rainy day fund, members, to just, Senator Ogden, to just sit there. There was a letter circulated yesterday about what some of the more competitive groups in the state of Texas said about the use of the rainy day fund they said in 2010 I think nine said we shouldn't use it, we should save it if for this fiscal year. Public policy foundation, other conservative groups. Bill Hammond said we should use about 6 billion of it, I think that's what he said, if I'm wrong somebody correct me but in this body we just have a willingness to use about 3 billion that's in the House Bill 4 a little bit whatever that number is because that's what the House said they would do and we in the Senate said that's all that we can do because our House colleagues and the governor says that that's all they will do. I have never known what the governor -- and obviously we work with the governor and the House Governor Dewhurst has said dark at a time what we do in the Senate and that's what's happening. You thing about it. In 20 years the years of research that I've done, we have never had a budget, Senator Whitmire, passed along partisan lines s. So does this budget represent the best interest of the state of Texas or does this budget represent what the Republican party wants to do? And if that's the case then you have the numbers, you can do what you want to do but it's your budget because we stopped being bipartisan, Senator Nelson, we were working in the finance committee in a bipartisan manner. Voted the bill out with two Democrats voting for the bill. And all we ask was to try to fund education, growth, Senator, put more money in since we had this stimulus money sitting on the side and that's another thing we talk about the federal government but for the fact of us getting those dollars in last session, we probably would have had this same conversation last session. We talk about the money that we put in one time stimulus dollars $3.2 billion but all of us voted most of us voted at least to put those dollars in to give our teachers a pay raise. That's the reality. If I'm wrong somebody tell me I'm wrong. But how we sit up and say that what we're going to do is to leave the dollars in the rainy day fund and kick the can down the road. We campaign on education, we want to do our best, but yet still we won't put dollars in in order to continue to fund our educational system so we can reduce the number of teachers that are going to be laid off. So we can reduce the number of individuals that may have to be kicked out of nursing homes. You know, here's the deal, I know that we have done a good job in terms of reducing and putting additional dollars into Article II and Article III and no, everyone's not satisfied with it but it would seem as though in defending the Senate version, that would attempt to do it in a bipartisan matter. We've decided not to do that. It's a dark day in the Senate, it's a dark day in the legislature because what we're going to have is the first budget pass in the last years on a partisan basis that does not serve, members, the citizens of the state of Texas. But as I said from the very beginning, elections have consequences and the people of the state of Texas, this is the consequences of elections.

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

SENATOR JUDITH ZAFFIRINI: To speak against passage Committee Substitute for House Bill 1.

LT. GOVERNOR DAVID DEWHURST: You're recognized.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. Mr. President and members, when Texas leaders visited the Capitol last month they brought a simple meaningful budget is a moral document that should reflect vales and priorities of our state. I will vote against the Committee Substitute for House Bill 1 because I believe passionately that it does not reflect the values and priorities of Texans especially with respect to education and health and human service. Some have sought to distract from the seriousness of the cuts in the Senate version of the bill by focusing on the fact that the cuts in the House version are worse. Unfortunately while the House budget is horrific, the Senate bucket is simply awful. Let's look at health and human services Article II. The Senate budget blocks or delays access to critical health service for thousands of older Texans. Texans with disabilities and Texans with chronic diseases. Members, in this budget, health and human services are cut to a level $4.8 billion below what is necessary to maintain core services. Not anything extravagant, bare bone services according to the commissioner of health and human services. The slashed programs include some that actually save the state money in the long run, mental health services, family planning, early childhood intervention, disease surveillance and vaccinations. Instead of funding waiver programs that enable persons with disabilities to live in the least restrictive environment for better results at a lower cost to the state we will have an even greater cost through Medicaid entitlements through a supplemental budget when we return in 2013. Instead of focusing on how much worse the House budget is, we should be focusing on the lives this Senate version of the budget will impact how far we are from what current services demand for a growing population and the community based alternatives program, for example, more than 2,000 fewer clients will be served. Waiver slots will be reduced by 300 and the waiting list will grow by 3,000 persons to more than 36,000. In the home and community based services program, waiver slots will be reduced by 310, the waiting list will grow by 15,400 persons to more than 62,600 persons waiting for services and the community living assistance and support services program more than 600 fewer persons will be served. The waiting list will grow by 12,400 to almost 46,000 people waiting for services. Even in areas where we try to hold the line on funding and serve almost as many person as is in the current biennium result and demand from a rapidly growing population result in more persons waiting for service and the deaf, blind, multiple disabilities program, the waiting list will double to more than 700 persons and the medically dependent children program, the waiting list will grow by more than 50 percent, members, to a total of 29,400 children waiting for services. Other critical services also will be reduced, early childhood intervention services will help very young children and families close cognitive gaps and save the state money in the long run will serve 12,386 fewer children per month while funding for child protective services caseworkers was partially restored, the budget still includes a reduction of 288 FTEs. This will result in a 9 percent increased case lead. 28.6 cases per worker for child abuse investigations. Members, the recommended national standard is 12 to 15 and we will be at 28.6. This is abominable. What's more 3,445 fewer children will be able to enter at risk prevention programs. Cuts to the children with special health care needs will result in 181 children no longer receiving services and a waiting list of 2,362 children waiting for service. What are these special health care needs in this program members serves children who are at risk of institutionalization, are frequent emergency room treatment for conditions such as epilepsy, respiratory disorders, heart conditions, asthma, leukemia and other cancers. Once more 23,000 fewer children will receive teeth sealants resulting in significant increases in teeth decay and dental disease and greater cost for treating preventable dental disease. If this budget passes as is, 283 persons will still be on a waiting list for mental health services at our state hospitals. 8,625 adults will no longer receive mental health service increasing the likelihood of disease prevention and initiative costly outcomes such as homelessness and substance abuse. The waiting list for these services will grow to 29,549 persons waiting for services. Once more 956 children will no longer receive mental health services increasing the likelihood of suicide, parental relinquishment, dropping out of high school and juvenile justice retainment. General vocational rehabilitation services which help persons with intellectual and development disabilities become productive taxpayers will serve 7,252 fewer persons. Vocational rehabilitation services for persons who are blind will serve 2,156 persons. Accordingly a total of 9,408 persons will require additional help instead of being able to work and to live independently and proudly. Cuts to the physicians loan repayment program will result in 568 fewer doctors serving provider treating Medicaid patients, this comes at a time, members, when persons served by Medicaid are struggling to find doctors who will treat them, doctors are being lured out of providing Medicaid service because of rate reductions and Texas leads the nation in percentage of uninsured although many of the drastic reduction, in the introduced bill were restored to some extent, rate reductions more Medicaid fee for service payments at hospitals are reduced by $488 million. This large reduction in funding bins with a cost containment measure, the transfer to managed care and the implementation of the statewide standard dollar amount expose our hospital system to more than $780 million in Medicaid cuts and threaten to destabilize the hospital industry. If you haven't heard from you hospitals, believe me, you will. Cuts to public health preparedness coordinates results in reduced capacity to respond to local, regional and state disease outbreaks and other public health emergency including emerging and health diseases and bioterrorism incidents. These cuts also are result in reduced critical public awareness and dissemination prevention efforts that prevent the spread of those diseases and 2,400 fewer at risk persons will be tested for HIV and sexually transmitted diseases increasing the likelihood that these diseases will spread. Members, every session I develop spreadsheets that reflect number of persons served by health and human services program and the number of persons who are not served. I'm sad to tell you that if you look at these spreadsheets on my desk, the Committee Substitute for Senate Bill 1 serves 354,462 persons and that's good but 2,047,848 I will repeat 2,047,848 persons will be left on waiting lists, members, almost of a quarter of million Texans. That is abominable. Regarding public education you have heard it stated repeatedly that public education is funded $4.7 billion short of what current law provides and requires. Actually what hasn't been said is that funding for prekindergarten is eliminated in the Committee Substitute for House Bill 1. Look at higher education if you haven't already. Higher education overall is cut by $923 million in general revenue amazing. Overall, financial aid is cut $126 million. This means 30,000 fewer students will receive a Texas grant in 2013 than in 2011. The bill does not fund the dramatic growth in enrollment at community colleges. Community colleges need approximately $350 million more to fund enrollment growth. It isn't that the bill contains the $289 million reduction from current levels for general academic institutions. Remember, they already had a 5 percent reduction and a 2.5 percent reduction in the current biennium. General academic institutions were cut up to 15 percent. If you haven't heard from your university president, I expect that you will. If you do not, I will be disappointed. Special items were cut by 15 percent, health related institutions were cut $260 million, and on a related note, the permanent health fund for higher education was liquidated although each health related institution will get its fair share, this will not make them whole. It will not make them whole. Most realize that spending these funds would equate them to one time stimulus funding until their formally dependent source of revenue. It is strange, members, that some who argue against tapping in the rainy day fund in the name of fiscal prudence now are willing to (inaudible) to ensure the long-term financial stability of the institutions that train our doctors and our health care professionals. Members, I am very disappointed that some senators are willing to discard the time honored two-thirds rule to pass this budget. I believe from the bottom of my heart that this budget is not only morally wrong it is also fiscally short sided. We have squandered an opportunity to cut responsibly, to solve our ongoing structural deficit and to address over revenue pressures amplified by Texas' rapid growing population. Texans deserve better, Texans can do better. Accordingly Mr. President and members, I will vote no for the Committee Substitute for House Bill 1. Thank you.

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

SENATOR JOSE RODRIGUEZ: Thank you, Mr. President. To speak against.

LT. GOVERNOR DAVID DEWHURST: Just one moment I'm going to delay because I forgotten that Senator Nelson had wanted to speak. Senator Nelson, for what purpose do you rise?

SENATOR JANE NELSON: Thank you, Mr. President. I would like to speak in favor of the budget and correct some of the information that I've heard here today.

LT. GOVERNOR DAVID DEWHURST: You're recognized.

SENATOR JANE NELSON: Thank you. Senator Ogden, this budget does reflect the values of the majority of the people of the state of Texas. I've -- I wasn't going to speak and I have heard so much misinformation here today that I feel compelled to correct some of it. And I don't even know where to begin. You know, I think it is wrong to frighten people and some of the information that I heard here today is unnecessarily frightening people. I'm reflecting back a couple of sessions ago when Senator Shapely told me if we passed something -- I don't know the issue -- we were going to throw people out of the nursing homes on to the street, and I invited him if one grandmother was thrown out in the street to bring her to my house and I'd take care of her and I'm telling you that we are frightening people unnecessarily and I'm going to correct some of those numbers that have been portrayed here this morning and I'm going to start with the waiting list. It was said that the waiting list for community care services is going grow to 250,000 and the commission I'm told that says that is a good number. Now, here's some things to remember, the number of individuals who are truly waiting for services and are eligible for services there are many people who are multiple list and we count those numbers for the same person numerous times. That's not right. In fact some people who are waiting for services for one program are already receiving services for another program. The agency had told me that as much as 20 percent, Senator Zaffirini, of those numbers you are citing are reflecting that kind of duplication. Additionally these lists aren't really waiting lists. We've had this discussion so many times. These are interest lists. These, many of these individuals who are waiting for services are interested in them, but many of them aren't eligible. For example, the eligibility rate for community based ed alternatives program for individuals on the interest list is around 23 percent and the eligibility rate for community assisted supportive living class is about 35 percent. Now, if you take into account the eligibility rate for all of the community care programs only 44 percent of the people on the interest list are eligible, 44 percent and this still doesn't take into account duplication of individuals on the waiting list or individuals on the waiting list that are already receiving services. So it's important to note that since 2004 and 2005 we have added more than 23,000 waiver slots, a 63 percent increase, 37,000 individuals. This session, we preserve this investment in (inaudible) care by maintaining all of these services and expanding to almost 10,000 community care slots in order to prevent costly institutionalization. So you know I want to describe to people who weren't directly involved with this process, I did a little bit of this yesterday. We had -- Senator Ogden asked us on the Senate finance committee to look at Article II spending and we know times are tough, we know we have to make tough decisions and we started out, I wish Senator Deuell was sitting right here because Senator Deuell has a list of items, Senator Zaffirini you've been involved with this for years and many of us said, you know, we're not going to cut necessary services. We're going to have to make some cuts and I have to tell you, some of those cuts we made were programs that I established through legislation over the years that we said we don't have the money to do that this year, great performance, I loved them but the money wasn't there but we're not going to cut necessary services and that was our standard. We made -- and the first thing we had to do you know, Senator Ogden was gracious enough to tell us that he would find extra money for what we needed to do and we decided that we had to do not just that but that but we had to look at the money that we are spending and figure out ways to spend more efficiently. We went in we all talked about waste fraud and abuse and we went in and tried to do everything we could do find that. We also went in and said how can we do things smarter? We did, bottom line is and you all helped pass unanimously Senate Bill 23 that came up with I am told a projected $3 billion in savings and what are we going to do with those savings? We're going to spend those savings on people that need our help. Now, the agency, Senator Zaffirini you're right, they came up with like their priority one, two and three categories of essential needs or you know exceptional needs that they had. $9.1 billion and we said okay of that 9.1 billion, what do we need to fund? Now, no we didn't fund all of it but some of those requests were for new programs, pace programs, Senator Duncan, you got a pace program. It is a wonderful program and in those requests for new pace programs in the state I think they wanted two of them. Great, I would love to do that. This year we can't afford to do that. Is that cutting services? No. Is that hurting people? No. The Texas Center for Infectious Diseases wanted to expand their bed capacity. I could give you a number of examples that the request that the agency made that were you know good things but are they essential services? No. So we didn't fund them but we worked very, very hard to fund the things we thought were important like we restored provider rates, we started out my friends with a 20, 30, 40 percent reduction in our provider rate, in our nursing homes, dentists, community care programs, rural hospitals, we worked so hard and we worked for hours and hours and days and weeks to come up with the money so we didn't have to make those cuts. We aren't making those cuts, we restored those cuts. We took mental health, somebody mentioned mental health, I'm telling you. We worked very hard. It was one of our major priorities to restore the mental health reductions that took place in the initial Senate Bill 1. This bill increases funding for mental health services to maintain current levels for community service, community hospitals, state health, child protective services. Senator Uresti, you know how much I care about that program and you know how important I believe it is that we address our need in that area. We added 200 or more direct delivery workers to CPS over current filled levels. Based on the case load numbers that we experienced in fiscal year ten and the amount of money we're appropriating will keep case loads the same or even better. So we are doing what we can do right now. Here's what I got from the agency in case you asked this of me the other day, Senator Uresti, and I didn't have a number and I didn't miss it by much, investigative loads are currently at 30.1 and the agency told us that case loads under this bill will be 28.6. So that sounds pretty good to me to go from 30.1 to 28.6. Substitute case load currently at 29, the agency has indicated case loads at 29.6 under this bill. Family based services currently at 18, agency says case loads under this bill are 19.5. So you know I just -- look, I can go on. I mean the Department of State Health Services we fully restored substance abuse intervention. There was a lot of question about HIV information, fully restored it. We did the best we could to make responsible decisions to make sure that our health and human service programs are efficient and are providing for the needs of those who truly need our help. Now, we added 461 employees total, Senator Uresti, in Senate Bill 1 appropriations for CPS care direct care workers. We maintain current rates for foster care providers, we restored relative care give program, we funded prevention early intervention program. We accomplished all that I've got to tell you in spite of suffocating federal regulations on how we spend our health and human service dollars and we're going to have a discussion next week about trying to get under, out from under all of those health -- federal health and human service regulations that they impose on us to keep us from doing thing as efficiently as we like. And I have to say this, Senator Whitmire, we kept talking about putting a face on it every time in finance I heard that at least once a day, putting a face on all this. I truly believe that this bill addresses two sets of people that we need to keep in behind. Those people who depend on our state services and those people, we need to remember their faces who are the taxpayers that pay for these services. Let's put a face on the taxpayer out there right now. Let's put a face on the small business person who is struggling, struggling to keep their business open who can't afford another penny of burden placed on them by our government trying to make our ends meet. Let's put a face on the individual out there who's worried about their personal expenses going up by new rules and regulations and fees and taxes that the state of Texas is placed on them. I believe that state government should not be exempt from making the difficult decisions that every business and household is being forced to make in this difficult economy. This is a good bill, Senator Ogden. I believe this bill truly does reflect what the majority of the citizens of this state expect of us and I am proud to vote for this bill. Thank you, Mr. President.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. The Chair recognizes Senator Rodriguez. For what purpose do you recognize, sir?

SENATOR JOSE RODRIGUEZ: Thank you, Mr. President and members, I rise to speak against this bill.

LT. GOVERNOR DAVID DEWHURST: You're recognized.

SENATOR JOSE RODRIGUEZ: And I don't want to belabor the point, I want to be as brief as I can I think there's already been a lot of the statements made about the impact of this budget. I just want to focus on what I've learned through this process. There's no question in my mind, Senator Nelson, that this budget while there was a lot of hard work put into it, is primarily focused on cuts. It's mainly cuts and while I hear what you're saying that we got to tighten our belts and we have to live within our means, I think the government has a responsibility, maybe I am an old fashioned liberal if you want to call me that, old school I think government exists to serve people and you talk about small businesses and the burdens I think government exists to help small businesses thrive and to give incentives and to give whatever opportunities business needs in order to be prosperous because you know I know that if the business is prosperous then you create jobs and you provide for an increase tax pays in an economy but for me the problem is that this budget is all about cuts and that we did not spend as hard as people worked on it that we did not spend enough time working towards raising new revenue. This budget has not been approved and there were recommendations made by different sources including some of us Democrats about looking for new ways to raise revenue. Now, I think Senator Ellis and others have mentioned, you can close some loophole exception. You know some people mention you got to consider the gambling bills, you got to look at this, look at that where we can raise revenue but more importantly the reason why I'm raising my point is I think this state is not going to be able to continue to sustain this course for much longer without looking at our tax structure and addressing the defects and the broken tax structure that we have and I for one am not concerned about even raising the motion of increasing taxes. I think quite frankly that people understand -- who understand the needs in our state and particularly the needs of the must vulnerable the needs of our children in our schools, the needs of those who are in dire need for help in health and human services that our citizens are willing to raise the money to spend the money for those kinds of programs. I think the polls have shown that at the national level and even some local polls and we know that in our own school districts when people have a need to improve their schools, and to build more better schools, buildings if you will the taxpayers are willing to pay for it as long as they know and they can tell that it's going to be a benefit to their children. I think the same attitude is out there by the tax payers so I don't agree with all due respect that people are just simply so tired of paying taxes, that they're not willing to consider raising revenue by whatever means we can do that in order to preserve a quality of life and an opportunity for our children and for our people in this state and so that's the reason why I cannot vote for this budget because this budget really is, Senator Ogden, when all is said and done about cuts principally. I think this state is going to have to look itself in the mirror and say we as government need to do better than this and if we have to raise revenues by fixing our tax structure by raising taxes even in some instances, well, by God, I think we have to do that. I think that's what we have to do as public servants, I think the people will not hold that against us, maybe I'm naive, I'm just a freshman here but I wanted to make that point that this budget does not raise new revenue, is all about cuts and for that reason I can't support it. Thank you. Thank you, Mr. President.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Chair recognizes Senator Whitmire. For what purpose do you rise?

SENATOR JOHN WHITMIRE: I'd like to be recognized to speak against.

LT. GOVERNOR DAVID DEWHURST: You're recognized.

SENATOR JOHN WHITMIRE: Thank you, Mr. President and members. Sometimes you speak in this body to change votes, sometimes you speak to influence votes, and sometimes things just need to be said. And that is my primary purpose in rising. I think most members' minds have been made and in this instance some things need to be said. Senator Ogden, I am sorry that this has become a partisan vote. I am sorry that it was calculated to allow 19 Republicans in it behind the content of this bill hoping that two Democrats would cross over at least. I think once that was determined, it doomed it to failure because one I don't think it was reasonable to think two Democrats out of the 12 of us would want to be joining a Republican sponsored budget and it's not because it was labeled (inaudible), we vote for Republicans daily here. It was because of the content and the decision to do away with the rainy day fund and make other contingency matters on Medicaid and demand on the controller to come up with additional revenue. It was the content that you put in the budget to get the 19 Republicans that I believe doomed the bill. And I think it's fair to ask us each of the 31 of us what has changed in the last two years? Two years ago you passed a very fiscally conservative budget 29 to two, shapely and Senator Gallegos voted against it because they believe I felt did not spend enough. But we had a bipartisan bill that got 29 members of the Senate. Now, I want you to think about the content of that bill. We were proud of it, it was bipartisan and you know it was fiscally responsible. In fact you would probably go home and label it a conservative. In fact I think most of my Republican colleagues would call it a conservative bill. But here we are today fixing to reduce that budget by at least 11 billion probably more. You and I know and anyone who can hear our voice today knows that you cannot believe that you wasted $11 billion two years ago. You did the best you could to tighten our belts, two years ago got a bipartisan vote and today we're fixing $11 billion. You either wasted a hell of a lot of money the last two years which I know is not the case, we're making some severe cuts. You cannot take $11 billion out of current government operations, Senator Nelson, without a lot of pain, misery, and we have seen the faces come before us in finance. I'm sorry that we've been led down this path. I would have much rather seen a combination of Democrats and Republicans suspending, it didn't have to be yesterday's 19 to 12 vote it could have been Senator Patrick 15 Republicans and six Democrats we would have kept working. I know and you know when it was decided not to use the two-thirds vote today we ceased negotiations and discussion or we'd still be in the back room trying to find that right combination like we did two years ago. Now, you have heard me say on this Senate floor that most legislation is not nearly as good as the proponents suggest and it's not normally as bad as the opponent would state somewhere in between but I can truthfully tell you today that I know this is not as good as the proponents are suggesting and my worst fears are that it's worse than the opponents suggest. I also quite often say watch out for unintended consequences I can't say that about this bill because I think there are intended consequences. Some in this building have the intended consequences of reducing the size of government. I don't even know that they get caught up in the numbers of what the budget represents in terms of dollars it's because of the increase in the size of government but you have to, Senator Ogden, when you're growing at the rate we are. Expect government to grow, we're growing at a rapid rate, we're more diversified, we're more complex and it is just reality that we're going to continue to have greater demands. Now, you can't just be against something. You have to be for something and you know most of us have been in many meetings where we looked for alternatives, Senator Duncan's list of new revenue. We have allowed ourself to suspended render to the circumstance, the dynamic of the governor's office, the House and the outside pressures that you were quoted recently in the paper as saying that's intervened in this discussion. I believe the proper leadership we have a combination of significant cuts and some new revenue because we have spent most of today talking about education, Medicaid, public safety, the three primary responsibilities of government but members, you know what's missing today? We have spoke very little of higher education and the impact of cuts that huger Eds going to lead to tuition increase, we know it's going to lead to tuition increases. That's the face you need to think about. Parks and wildlife, we're fixing to do long-term harm to what many believe is a fine parks and wildlife system. We will lose parks, we will close parks, raise fees, shorten the hours, the regulatory agencies. You can put it out of them and we started doing it in finance by saying it's your responsibility to tell us what you're going to do. They are going to have a waiting list, they're going to have a significant waiting list of who's being investigated by these agencies. We could have done a lot better, Senator Ogden. We could have considered additional nonuse, nontax revenue, the gas tax. Exemptions on sales taxes, and perhaps more fees. And before I sit down, Senator Nelson, you're right, we need to worry about the taxpayers, guess who are the tax payers because of our tax system in this state? It's the same people that need our services because we primarily fund this state on the sales tax. We don't distinguish whether you have the ability to pay or not or whether it's fortunate as most of us on this floor or you're in the welfare line, you're paying the same tax, the gasoline tax is paid by all Texans if you travel. So don't talk about and don't hopefully try divide us in the payers and users. Unfortunately we've got people paying taxes that can't afford it as much as us. I'm disappointed that it's come down to this decision. I think we've had a very respectable debate. In conclusion, Senator Ogden, we can't put a happy face on this budget, members. If we want to not go into individual programs and put a face on a call I got last week from a college student who did her student teaching and she's got to go wait tables. We invited and encouraged her to go get a degree in education, no job available now. That would be a face that this person would put on the cuts of education but I'm going to put one on this entire budget, it's not a happy face, it could only be a bitter face that the poison network hands out that you put on solvents that your kids need to stay away from. I would put a bitter face on this because you can't take 11 billion out of services and not have harm and pain. I know we could do better, members.

LT. GOVERNOR DAVID DEWHURST: Senator Duncan, did you wish to speak? The Chair recognizes Senator Ogden for a motion.

SENATOR STEVE OGDEN: Mr. President and members, I want to thank you for the debate and I want to thank the opposition today for the way they conducted the debate and the points that they made and the work that they did to get this budget to the floor. A couple of thoughts I had listening to each one of you, addresses your concerns and one is that it reminded me of a entity that's looking at a income statement and all they look at is one side of the expenditures. And if you imagine the state is the government and the income statement is revenue and expenditures and all we do is talk about expenditures and talk about how inadequate they are and never think about the other side of the income statement, guaranteed you're going to go broke, guarantee. When I was first elected in 1997, I was elected in a district that had never been represented by a Republican. I was the first of reconstruction. This is an interesting district. State government is more important in this district than in any district in Texas. Senator Watson and I are not completely sure but I think he's willing to concede it's likely that I represent more state employees than anyone on this floor and I asked him a question, a rhetorical question back in '97. I said why should you vote for a conservative Republican who allegedly thinks the government is the problem, not the solution and that the least amount of government is the best. I mean, that's the reputation. And they sat there and said yeah why should we vote for you and I said this because there is a direct and close correlation between the health of the state's economy and the government that we want and the government we need and when the state's economy is healthy, then government has the revenues that it needs to do that we all want it to do and I understand that relationship and I promise you I'll never forget it and I don't think I have and so the converse is true what do you do when the economy is not so healthy? Well, the first thing you make sure of is you do no harm to that economy. You do everything in your power to get that economy back on its feet and the one thing that you almost cannot consider when an economy is trying to get out of a recession is higher taxes because there's not an economist alive that will tell you that higher taxes will stimulate the private sector, you can't do it. You're eating your seed corn and so that is in my opinion the reality that we face when this budget came here. You cannot raise taxes on Texas businesses as they try to recover. So how do you maintain the services that we want and need in this period? This budget does it. It is a bridge to the future. It does not hurt the economy. In fact, I think it helps it. Two specific areas on (inaudible) bonds, the House didn't bother to do this but we did. We have funded an additional $600 million in general obligation bonds so the Cancer Prevention and Research Institute of Texas can continue to fight for a cure for cancer and not only will that save lives, Senator Zaffirini, but it will also stimulate our economy and, Senator Williams, in the transportation budget added $3 billion in general obligation bonds that the voters gave us and we funded the debt service unlike the House and as a result of that, highway contracts in Texas will exceed $7 billion over the next biennium and highway contracts will be higher than what they are in the current biennium. That will put people to work, that will stimulate the economy, that will help us recover. This budget prioritizes public education, it prioritizes health and human services, we do not cut services unlike how we balance the budget in 2003, we maintain services and it funds the primary responsibility of government to provide for the public's safety. Members, I want to thank you, all of you for your participation today and your compassion, speeches, your belief but the people I want to thank the most are the people that have the courage to vote for this budget because I will not attempt and should not attribute (inaudible) to any one of your votes, your vote is your vote but we all know in a general sense, I've always thought this since I started working on the budget, that this was going to be a hard budget to vote for and that the politically safe vote for a lot of members was to vote no, that's what I think. I believe it is a courageous thing to vote for this budget. It is not the critic who counts. Not the man who points out how the strong man stumbles or where the doer of deeds could have done better. The credit belongs to the man that's in the (inaudible) and the House shift to the House. And for the 19 of you out here that have the courage to vote for this bill, this is my promise, I will fight for it every day and every one of you will be in that arena with me. With that, members, I move final passage of Committee Substitute to House Bill 1.

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

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

LT. GOVERNOR DAVID DEWHURST: Members, there being 19 ayes and 12 nays, the Committee Substitute to House Bill 1 is finally passed. Members, the question to me members before us is whether we got a lot of bills. We keep going or I know that a number of committees need to meet this afternoon. The committees? All right. The following motion in writing. The secretary will read the motion.

PATSY SPAW: Motion in writing, Mr. President, I ask unanimous consent for House Bill 2717 relating to the duties and responsibilities of certain county personnel and functions of county government be withdrawn from the committee on intergovernmental relation and rereferred to the committee on jurisprudence. Senator Carona author, Senator West Chair committee from which bill is being withdrawn. Senator Harris for which Chair committee is being referred.

LT. GOVERNOR DAVID DEWHURST: Thank you, madam secretary. Members, you heard the motion in writing, is there objection from any member? The Chair hears no objection and the motion is adopted. The president's desk is clear. The Chair recognizes Senator West for an announcement.

SENATOR ROYCE WEST: Thank you very much, Mr. President. Mr. President and members, I ask unanimous consent to suspend the posting rules 11.10 and 11.18 so the Senate committee on intergovernmental relation can meet upon adjournment today at my desk to take up pending business.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator West. Members, you have heard the motion by Senator West to suspend the Senate rules, the posting rules so that IGR can take up bills at his desk. Is there objection from any member? The Chair hears no objection, so ordered. The Chair recognizes Senator Harris for an announcement.

SENATOR CHRIS HARRIS: Thank you, Mr. President. I move to suspend the 24-hour posting rule in accordance with with Senate rules 11.10 and 11.18 in order for the Senate committee on jurisprudence to meet today May 4th immediately upon adjournment at my desk. Move for suspension, Mr. President.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Harris. Members, you heard the motion by Senator Harris to suspend the Senate rules 11.10, 11.18 so that jurisprudence can met at his desk. Is there objection from any member? The Chair hears no objection, so ordered. The Chair recognizes Senator Seliger for an announcement.

SENATOR KEL SELIGER: Mr. President, I move to suspend the 24 hour posting rule in accordance with Senate rules 11.10 and 11.18 in order for the Senate select committee on redistricting to meet today Wednesday May 4th, 2011, immediately upon adjournment at my desk to take up and consider the following Senate Bill 196 by Senator Wentworth.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Seliger. Members, you heard the motion by Senator Seliger to suspend the Senate rules 11.10 and 11.18 so the redistricting committee can meet this afternoon. Is there any objection from any member? Chair hears no objection, so ordered. Chair recognizes Senator Eltife for an announcement.

SENATOR KEVIN ELTIFE: Thank you, Mr. President and members. The local uncontested calendar session will be held tomorrow May 5th at 8:00 am. A copy of the calendar has been furnished to each of you. I also move to suspend Senate rule 11.13 so that committees can meet tomorrow during the local and uncontested calendar session.

LT. GOVERNOR DAVID DEWHURST: Members, you heard the motion by Senator Eltife to suspend the Senate rule 11.13 so that committees can meet tomorrow morning during the local calendar. Is there objection from any member? The Chair hears no objection from any member, so ordered.

SENATOR KEVIN ELTIFE: Thank you, Mr. President.

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

SENATOR EDDIE LUCIO: Thank you, Mr. President. Mr. President and members, I move to suspend the 24-hour posting rule in accordance with Senate rules 11.10 and 11.18 in order for the Senate committee on international relations and trade to meet today Wednesday May 4th immediately upon adjournment at my desk to take up and consider Senate Bill 1926. Thank you.

LT. GOVERNOR DAVID DEWHURST: Members, you heard the motion by Senator Lucio to suspend the Senate rules 11.10 and 11.18 so his committee can meet at his desk. Is there objection? The Chair hears none, so ordered. Chair recognizes Senator Jackson for an announcement.

SENATOR MIKE JACKSON: Thank you, Mr. President. Members of the economic development committee will meet here on the Senate floor 30 minutes upon adjournment, members. Thank you.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Jackson. Members, are there any additional announcements? If there's not any additional announcements, Senator Whitmire. The Chair recognizes the dean of the Senate for a highly privileged motion.

SENATOR JOHN WHITMIRE: Mr. President, I move that the Senate recess until 8:00 a.m. tomorrow so that we may consider a local and uncontested calendar at that time. At the conclusion of that calendar the Senate will adjourn until 11:00 a.m. Thursday May 5th.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Members you heard the motion by Senator Whitmire. Is there objection from any member? Chair hears no objection and the Senate will stand in recess until 11:00 a.m. tomorrow to consider the local calendar and upon conclusion of the local calendar the Senate will stand adjourned until 11:00 a.m. tomorrow May 5th.

(Adjourned.)