(Wednesday, February 27, 2013)

The Senate met at 11:15 a.m. pursuant to adjournment and was called to order by the President.

The roll was called and the following Senators were present:  Birdwell, Campbell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Hancock, Hegar, Hinojosa, Huffman, Lucio, Nelson, Nichols, Patrick, Paxton, Rodríguez, Schwertner, Seliger, Taylor, Uresti, Van de Putte, Watson, West, Whitmire, Williams, Zaffirini.

The President announced that a quorum of the Senate was present.

Pastor Bob Long, Bastrop Christian Fellowship, Bastrop, offered the invocation as follows:

Lord God in heaven, as I come before You this morning, I come with thanksgiving for the opportunity to live in Texas. I also want to thank You, Lord, for the Texas Senate: Lieutenant Governor Dewhurst, the Senators, and all the staff that support this body. May they all be guided by Your wisdom and have Your grace to make righteous decisions to benefit the citizens of our state. I pray, God, for Your will and purpose to be done in this Chamber today and throughout the entire legislative session. I pray for everyone present to walk in health, prosperity, protection, and peace. Finally, Lord, I pray for all the people of Texas that are represented by these Senators; may You continue to bless them and the great State of Texas. In Your name we pray. Amen.

Senator Whitmire moved that the reading of the Journal of the proceedings of the previous day be dispensed with and the Journal be approved as printed.

The motion prevailed without objection.

The President announced the signing of the following enrolled resolution in the presence of the Senate:  SCR 16.

The following Messages from the Governor were read and were referred to the Committee on Nominations:

February 26, 2013

Austin, Texas

TO THE SENATE OF THE EIGHTY-THIRD LEGISLATURE, REGULAR SESSION:

I ask the advice, consent and confirmation of the Senate with respect to the following appointment:

To be the Commissioner of Workers' Compensation for a term to expire February 1, 2015:

Roderick Bordelon, Jr.

Austin, Texas

Commissioner Bordelon is being reappointed.

Respectfully submitted,

/s/Rick Perry

Governor

February 27, 2013

Austin, Texas

TO THE SENATE OF THE EIGHTY-THIRD LEGISLATURE, REGULAR SESSION:

On January 16, 2013, I submitted the name of Rolando B. Pablos for appointment to the Public Utility Commission of Texas for a term to expire September 1, 2013.

Because he resigned, I hereby withdraw his nomination and request that the Senate return the appointment to me.

On January 16, 2013, I submitted the name of Cynthia Tauss for appointment to the Texas Lottery Commission for a term to expire February 1, 2017.

Because she resigned, I hereby withdraw her nomination and request that the Senate return the appointment to me.

Respectfully submitted,

/s/Rick Perry

Governor

Senator Whitmire was recognized and presented Dr. Kelly Gabler of Houston as the Physician of the Day.

The Senate welcomed Dr. Gabler and thanked her for her participation in the Physician of the Day program sponsored by the Texas Academy of Family Physicians.

Senator Birdwell was recognized and introduced to the Senate a Hill County delegation.

The Senate welcomed its guests.

Senator Taylor offered the following resolution:

SR 305, Recognizing February 27 and 28, 2013, as Pearland Days at the State Capitol.

The resolution was read and was adopted without objection.

Senator Taylor was recognized and introduced to the Senate a City of Pearland delegation, accompanied by members of the Pearland Days team:  Charles Eastland, Jim Johnson, Mahendra Rodrigo, and Susan Sherrouse, Mayor Pro Tempore.

The Senate welcomed its guests.

Senator Watson offered the following resolution:

SR 278, Recognizing the Mary Lee Foundation on the occasion of its 50th anniversary.

The resolution was read and was adopted without objection.

Senator Watson was recognized and introduced to the Senate a Mary Lee Foundation delegation, accompanied by Charlene Crump, Founder and Executive Director; Don Lilljedahl, Director; Leigh Dunson, Administrator; and Fran Rodda, Development Coordinator.

The Senate welcomed its guests.

Senator Fraser was recognized and introduced to the Senate a Bell County delegation.

The Senate welcomed its guests.

Senator Van de Putte offered the following resolution:

WHEREAS, The Senate of the State of Texas is pleased to join Texans across the state in celebrating February 27, 2013, as United Way Day at the Texas Capitol; and

WHEREAS, Charitable giving and volunteerism provide exceptional value to our state, and the United Way plays a vital role in encouraging and promoting those important principles; and

WHEREAS, There are 88 local United Way organizations in Texas, representing all areas of the state; these invaluable groups work to fulfill the specific needs and achieve the objectives of their respective communities while continuing to meet the United Way's system-wide goals of improving access to education, income, health, and 2-1-1 call center services; and

WHEREAS, Each year, United Way organizations collectively mobilize thousands of volunteers, who draw upon the strength and caring of their communities to improve lives; the charitable contributions made to these organizations are reinvested in the communities they serve; and

WHEREAS, United Way organizations have had a profound influence on the lives of countless Texans, and it is truly fitting that they be recognized for their many contributions to the state; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 83rd Legislature, hereby commend the staff, volunteers, and donors of the United Way on their outstanding efforts to improve their communities and extend to them best wishes for a memorable United Way Day at the Texas Capitol; and, be it further

RESOLVED, That a copy of this Resolution be prepared to commemorate this special occasion.

SR 18 was read and was adopted without objection.

Senator Van de Putte was recognized and introduced to the Senate a United Way delegation, accompanied by Anna C. Babin, President and CEO, Greater Houston; Debbie Bresette, President, Greater Austin; Tim McKinney, President and CEO, Tarrant County; Jennifer Moriarty, Chair, Women's Leadership Council; and Cecily Gooch, Chair, Women of Tocqueville.

The Senate welcomed its guests.

Senator Ellis was recognized and introduced to the Senate Maria Rankka, CEO of the Stockholm Chamber of Commerce in Sweden.

The Senate welcomed its guest.

Senator Lucio offered the following resolution:

SR 310, Recognizing February 27, 2013, as Rio Grande Valley Day at the State Capitol.

LUCIO

HINOJOSA

ZAFFIRINI

The resolution was read and was adopted without objection.

Senator Lucio, joined by Senators Hinojosa and Zaffirini, was recognized and introduced to the Senate a Rio Grande Valley delegation, accompanied by the following Mayors:  Tony Martinez, Brownsville; Richard Garcia, Edinburg; and Steve Brewer, La Feria; as well as Ramon Garcia, Hidalgo County Judge, and Joseph Palacios, Hidalgo County Commissioner, Precinct 4.

The Senate welcomed its guests.

Senator West was recognized and introduced to the Senate Dallas area students participating in the Tuition Equalization Grant program.

The Senate welcomed its guests.

Senator Lucio offered the following resolution:

SR 327, Recognizing February 27, 2013, as Mid-Valley Day at the State Capitol.

The resolution was read and was adopted without objection.

Senator Lucio was recognized and introduced to the Senate a Mid-Valley Day delegation, accompanied by San Juanita Sanchez, San Juan Mayor, and A. C. Cuellar, Hidalgo County Commissioner, Precinct 1.

The Senate welcomed its guests.

Senator Davis, joined by Senator Van de Putte, was recognized and introduced to the Senate a Texas State Association of Fire Fighters delegation.

The Senate welcomed its guests.

Senator Watson was recognized and introduced to the Senate a Texas Land Trust Council delegation.

The Senate welcomed its guests.

Senator Rodríguez offered the following resolution:

SR 281, Recognizing February 27, 2013, as the Day of the Fallen at the State Capitol.

The resolution was read and was adopted without objection.

Senator Rodríguez was recognized and introduced to the Senate a Build a Better Texas Coalition delegation, accompanied by Santiago Arias and Carmelo Ramirez, members of Living Hope Wheelchair Association; Remedios Arias; Christian Hurtado; and Victoria Garcia.

The Senate welcomed its guests.

Senator Campbell offered the following resolution:

SR 287, Recognizing February 28, 2013, as Rare Disease Day.

The resolution was again read.

The resolution was previously adopted on Monday, February 25, 2013.

Senator Campbell was recognized and introduced to the Senate a delegation of families and friends supporting Rare Disease Day, accompanied by Barbara Sonnen-Hernandez, Ambassador for Rare Disease Day; Kelly Trout, Health Consultant, International WAGR Syndrome Association; and Deborah Trejo, Co-founder, Velo-Cardio-Facial Syndrome Educational Foundation.

The Senate welcomed its guests.

Senator Deuell was recognized and acknowledged the death of renowned pianist Van Cliburn.

Senator Deuell offered the following resolution:

SR 321, Recognizing February 27, 2013, as National Multiple Sclerosis Society Texas Public Policy Conference Day at the State Capitol.

The resolution was read and was adopted without objection.

Senator Deuell was recognized and introduced to the Senate a National Multiple Sclerosis Society delegation, accompanied by Kim Suiter, Executive Vice-president of Programs, Services, and Advocacy.

The Senate welcomed its guests.

Senator Birdwell offered the following resolution:

WHEREAS, The Senate of the State of Texas is pleased to join Texans across the state in celebrating February 27, 2013, as Baylor Day at the Capitol; and

WHEREAS, Baylor University was established February 1, 1845, by an act of the Congress of the Republic of Texas; it is the oldest continually operating university in the state; and

WHEREAS, This private Christian university and nationally ranked research institution provides a vibrant campus community to some 15,000 students; it offers 144 undergraduate degrees, 77 graduate degrees, 33 doctoral degrees, and a juris doctor in addition to a wide array of preprofessional tracks and specialized academic opportunities; and

WHEREAS, Baylor University is also home to a variety of exceptional athletic programs, and the 2011-2012 year has been widely recognized as the Year of the Bear; it was the only school in the nation to have a bowl-winning football team, an Elite Eight men's basketball team, and a Final Four women's basketball team; the women's basketball team won the national championship in a season that saw them record the nation's first 40-win season, and Robert Griffin III and Brittney Griner were named national players of the year; and

WHEREAS, The school's combination of interdisciplinary research and a faculty committed to teaching and scholarship have served to create an institution with an international reputation for educational excellence; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 83rd Legislature, hereby commend Baylor University on its commitment to educating men and women for worldwide leadership and service and extend to its students, faculty, and staff best wishes for a memorable Baylor Day at the Capitol; and, be it further

RESOLVED, That a copy of this Resolution be prepared for the university as an expression of esteem from the Texas Senate.

BIRDWELL

HANCOCK

PAXTON

TAYLOR

WATSON

SR 293 was read and was adopted without objection.

Senator Birdwell, joined by Senators Paxton, Watson, Taylor, and Hancock, was recognized and introduced to the Senate a Baylor University delegation, accompanied by Ken Starr, President, and his wife, Alice; Tommye Lou Davis, Vice-president for Constituent Engagement; Gale Galloway, past Chair, Board of Regents; and Karla Leeper, Chief of Staff to President Starr.

The Senate welcomed its guests.

Senator Rodríguez offered the following resolution:

SR 304, Recognizing February 27, 2013, as Hudspeth County Day at the State Capitol.

The resolution was read and was adopted without objection.

Senator Rodríguez was recognized and introduced to the Senate a Hudspeth County delegation, accompanied by Mike Doyal, County Judge, and Virginia Doyal, County Clerk.

The Senate welcomed its guests.

Senator Huffman offered the following resolution:

SR 240, Recognizing February 27, 2013, as Mental Illness Awareness Day at the State Capitol.

The resolution was read and was adopted without objection.

The Presiding Officer announced the time had arrived to consider executive appointments to agencies, boards, and commissions. Notice of submission of these names for consideration was given yesterday by Senator Hegar.

Senator Hegar moved confirmation of the nominees reported yesterday by the Committee on Nominations.

The Presiding Officer asked if there were requests to sever nominees.

There were no requests offered.

The following nominees, as reported by the Committee on Nominations, were confirmed by the following vote:  Yeas 30, Nays 0.

Judge, 248th Judicial District Court, Harris County:  Katherine Ann Cabaniss, Harris County.

Adjutant General, Adjutant General's Department:  John Frederick Nichols, Comal County.

Members, Advisory Board of Athletic Trainers:  David R. Schmidt, Bexar County; Cathy Poerner Supak, Harris County.

Members, Commission on State Emergency Communications:  Rick L. Campbell, Shelby County; Terry J. Henley, Fort Bend County; Laura Gibbs Maczka, Dallas County.

Member, Executive Council of Physical Therapy and Occupational Therapy Examiners:  Arthur Roger Matson, Williamson County.

Members, Governing Board, Office of Violent Sex Offender Management:  Elizabeth Christina Jack, Tarrant County; Leonardo Eloi Longoria, Hildago County; Daniel Patrick Powers, Denton County.

Members, Manufactured Housing Board:  Bobby Ray McCarn, Calhoun County; Donnie W. Wisenbaker, Hopkins County.

Members, Board of Regents, Midwestern State University:  Fenton Lynwood Givens, Collin County; Charles Jefferson Gregg, Baylor County; Samuel Molinar Sanchez, Tarrant County.

Members, Board of Directors, State Bar of Texas:  David Richey Alders, Nacogdoches County; Timothy Scott Kelly, Travis County; Eliseo Ruiz, Cameron County; David D. Teuscher, Jefferson County.

Members, State Commission on Judicial Conduct:  Joel P. Baker, Smith County; Valerie E. Ertz, Dallas County; Patti Hutton Johnson, Comal County; Ricky A. Raven, Fort Bend County.

Chief Administrative Law Judge, State Office of Administrative Hearings:  Lyn Cathleen Parsley, Travis County.

Members, State Soil and Water Conservation Board:  Larry Don Jacobs, Montgomery County; Joe Larry Ward, Fannin County.

Members, Board of Regents, Stephen F. Austin State University:  David Richey Alders, Nacogdoches County; John R. Garrett, Smith County; Barry Earl Nelson, Dallas County; Constance M. Ware, Harrison County.

Members, Texas Appraiser Licensing and Certification Board:  Walker Beard, El Paso County; Clayton Price Black, Martin County; Luis F. De La Garza, Webb County; Laurie Carden Fontana, Harris County; Keith William Kidd, Lamar County; Shannon K. McClendon, Travis County; Sheryl Rigsby Swift, Galveston County; Jamie Lou Sanders Wickliffe, Ellis County.

Members, Texas Board of Orthotics and Prosthetics:  Richard M. Neider, Fort Bend County; Ray Deane Smith, Victoria County.

Member, Texas Commission on Environmental Quality:  Christopher Tobias Baker, Travis County.

Members, State Board of Trustees, Texas Emergency Services Retirement System:  Don Richard Shipman, Tarrant County; Francisco Torres, Willacy County; Stephen Keith Williams, Panola County.

Members, Texas Funeral Service Commission:  Jean Lorraine Olinger, Childress County; Jonathan Frank Scepanski, Hidalgo County; Gary Eugene Shaffer, Tom Green County.

Members, Texas Judicial Council:  Ashley Elizabeth Johnson, Dallas County; Virgil Justice, Gillespie County.

Members, Texas Optometry Board:  Judith Ann Chambers, Hays County; Melvin Grover Cleveland, Tarrant County; Virginia Sosa, Uvalde County.

Members, Texas Racing Commission:  Gary Paul Aber, Fort Bend County; Ronald Frank Ederer, Nueces County; John Thomas Steen, Harris County.

Members, Texas State Board of Examiners of Dietitians:  Belinda Bazan-Lara, Bexar County; Aida L. Moreno-Brown, El Paso County; Dwight Albert Sharpe, Wise County.

Members, Texas State Board of Examiners of Professional Counselors:  Sarah T. Abraham, Fort Bend County; Steven Douglas Christopherson, Harris County; Leslie Fischer Pohl, Travis County.

Members, Texas State Board of Examiners of Psychologists:  Donna Lord Black, Fort Bend County; Jo Ann Campbell, Taylor County; John Robert Huffman, Tarrant County.

Members, Texas State Board of Pharmacy:  Alice G. Mendoza, Kleberg County; Phyllis A. Stine, Taylor County; Jeanne D. Waggener, McLennan County.

Members, Texas State Board of Podiatric Medical Examiners:  Brian Bradford Carpenter, Wise County; Fred E. Davis, Travis County; Travis A. Motley, Tarrant County.

Members, Board of Regents, Texas Tech University System:  Juan Daniel Esparza, Travis County; Lawrence Frederick Francis, El Paso County; Ivan Tim Lancaster, Taylor County; John Bryan Walker, Harris County.

Members, Board of Regents, University of Houston System:  Spencer D. Armour, Midland County; Roger Fleming Welder, Victoria County; Welcome Wade Wilson, Harris County.

Members, Board of Directors, Upper Neches River Municipal Water Authority:  William Barry James, Anderson County; Milton Phillip Jenkins, Anderson County.

Senator Lucio offered the following resolution:

WHEREAS, The Senate of the State of Texas joins people around the world in honoring the service of His Holiness Pope Benedict XVI, who will retire from the papacy on February 28, 2013, after eight years leading the Roman Catholic Church; and

WHEREAS, The spiritual leader of the world's 1.2 billion Roman Catholics, Pope Benedict XVI is celebrated for his defense of Christian values and for his emphasis on the inviolability of human life from conception to natural death; and

WHEREAS, An advocate for social justice, he interceded on behalf of migrants and refugees worldwide, speaking for those whose voices would not have been heard otherwise, and he has called for an equitable distribution of world resources and for environmental protections to ensure human health; and

WHEREAS, A proponent of religious freedom, tolerance, and cooperation, Benedict deepened ties with many religions during his tenure as Pope, including Judaism and Islam; he was the first Pope to visit and pray at a Mosque in more than 2,000 years; within his own Church, he expanded the use of the traditional Latin Mass and eased rules regarding the conversion of Anglicans to Catholicism; and

WHEREAS, Born Joseph Ratzinger on April 16, 1927, in Marktl am Inn, Germany, he was ordained a priest in 1951 and was a professor of theology at numerous European universities; he served as the Archbishop of Munich and Freising and was made a cardinal in 1977 by Pope Paul VI; he also served as the Prefect of the Congregation for the Doctrine of the Faith and as Vice-Dean of the College of Cardinals; in April 2005, he was elected to the papacy at the age of 78, the oldest cardinal to become Pope in 275 years; and

WHEREAS, Known as an academic, scholar, and teacher, Pope Benedict is a prolific writer, having written 66 books throughout his life; he also has authored numerous articles and established a journal devoted to theology, and he oversaw the preparation of the new Catechism of the Catholic Church; he is noted for writings that promote maintaining traditional Christian values in the modern world; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 83rd Legislature, hereby pay tribute to the service of Pope Benedict XVI; and, be it further

RESOLVED, That a copy of this Resolution be prepared in honor of Pope Benedict XVI.

SR 328 was read.

On motion of Senator Williams and by unanimous consent, the names of the Lieutenant Governor and Senators were added to the resolution as signers thereof.

On motion of Senator Lucio, the resolution was adopted without objection.

On motion of Senator Williams and by unanimous consent, the remarks by Senator Lucio regarding SR 328 were ordered reduced to writing and printed in the Senate Journal as follows:

Thank you, Mr. President. Members, ladies, and gentlemen, I would like to take this moment and honor the service of the 265th Pope, His Holiness Pope Benedict the 16th. The world was shocked by Pope Benedict XVI's announcement just before Lent that he no longer has the strength to exercise ministry over the Catholic Church and that he would resign the papacy effective this day after an eight-year pontificate--the first Pope to resign in more than 600 years. It is clear that this was not a snap decision. He said that after having repeatedly examined his conscience before God, he became convinced that his strength and advanced age were no longer suited to an adequate exercise of the papacy. In our modern world of flashy media and massive ego, Pope Benedict's decision can seem perplexing. Many cannot understand why anyone would give up the power, the prestige, and trappings of office to retire and quietly fade away from the limelight. We should recognize that despite his age, Pope Benedict has always been well attuned to the modern world; he is the first Pope who joined Twitter, after all, and has noted that the rapid changes of today's world require a Pope who has both strength of mind and body. The key is that the decision, related by those close to Pope Benedict XVI, was his love and respect for the importance of a job of leading a church which represents the largest number of Christians in the world. His decision is a humble and brave one, and his wisdom is evident. Pope Benedict has honored his faith greatly through self-denial at the start of Lent. His was an unusual act of a remarkable man. It should teach and remind us all of something he knows well: the papacy is not about the man, but about our communion with the Holy Spirit. The weakness of our mortal flesh is secondary to our commitment to God and our faith. His was a selfless expression of his devotion to the church's primary mission of spreading the Gospel. Pope Benedict XVI reminds us all that a faithful head of the Roman Catholic Church, he offers an example of selflessness and timeless leadership for which we should all respect.

The Presiding Officer laid before the Senate the following resolution:

WHEREAS, Section 17, Article III, Texas Constitution, provides that neither house of the legislature may adjourn for more than three days without the consent of the other house; now, therefore, be it

RESOLVED by the 83rd Legislature of the State of Texas, That each house grant the other permission to adjourn for more than three days during the period beginning on Wednesday, February 27, 2013, and ending on Monday, March 4, 2013.

WHITMIRE

SCR 19 was read.

On motion of Senator Whitmire, the resolution was considered immediately and was adopted by the following vote:  Yeas 30, Nays 0.

On motion of Senator Nelson and by unanimous consent, Senate Rule 11.10(a) was suspended in order that the Committee on Health and Human Services might meet today.

On motion of Senator Carona and by unanimous consent, Senate Rule 11.10(a) and Senate Rule 11.18(a) were suspended in order that the Committee on Business and Commerce might meet and consider the following bills today:

SB 247, SB 499, SB 506, SB 529.

The following bill was introduced, read first time, and referred to the committee indicated:

SB 894 by Whitmire, Birdwell, Campbell, Carona, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Hancock, Hegar, Hinojosa, Huffman, Lucio, Nelson, Nichols, Patrick, Paxton, Rodríguez, Schwertner, Seliger, Taylor, Uresti, Van de Putte, West, Williams, Zaffirini

Relating to exempting qualifying projects within the Capitol Complex from the public and private facilities and infrastructure contracting requirements.

To Committee on Economic Development.

On motion of Senator Nelson, Senator Nichols will be shown as Co-author of SB 8.

On motion of Senator West, Senators Nelson and Uresti will be shown as Co-authors of SB 245.

On motion of Senator Fraser, Senator Rodríguez will be shown as Co-author of SB 308.

On motion of Senator Nelson, Senators Deuell and West will be shown as Co-authors of SB 426.

On motion of Senator Carona, Senator Lucio will be shown as Co-author of SB 639.

On motion of Senator Lucio, Senator Hinojosa will be shown as Co-author of SB 860.

The following resolutions were adopted by the Senate:

SR 322 by Davis, In memory of Robert Sneed Davie of Fort Worth.

SR 323 by Davis, Recognizing the Fort Worth Office of Emergency Management and its director, Juan Ortiz, for establishing the Fort Worth Accessible Hazard Alert System.

SR 324 by Watson, Recognizing the American YouthWorks AmeriCorps volunteers for their work in Bastrop County.

SR 325 by Hegar, Recognizing Sean Friedrich of Giddings for his military service.

SR 326 by Hegar, Honoring Prairie View A&M University on the occasion of its 137th anniversary.

SR 329 by Watson and Schwertner, Recognizing Jesús H. Chávez on the occasion of his retirement as superintendent of the Round Rock Independent School District.

SR 53 by Uresti, Celebrating March 6, 2013, as Uvalde County Day at the State Capitol.

On motion of Senator Whitmire, the Senate at 12:35 p.m. adjourned until 2:00 p.m. Monday, March 4, 2013.

The following committee reports were received by the Secretary of the Senate in the order listed:

OPEN GOVERNMENT — SB 279, SB 293

STATE AFFAIRS — SB 365, SB 381, SB 397, SB 422

BUSINESS AND COMMERCE — SB 327, SB 350, SB 383, SB 409, SB 474

STATE AFFAIRS — CSSB 148

FINANCE — SB 559, SB 758, CSHB 10

BUSINESS AND COMMERCE — CSSB 362, CSSB 408, CSSB 411, CSSB 473

JURISPRUDENCE — SB 370

SCR 16, SR 274, SR 296, SR 311, SR 312, SR 313, SR 316, SR 317, SR 318, SR 319, SR 320