(Tuesday, January 12, 2021)

In accordance with the Constitution and Laws of the State of Texas, the Senate of the Eighty-seventh Legislature met in the Senate Chamber of the State Capitol on Tuesday, the 12th day of January, 2021, at 12:00 noon.

The Honorable Dan Patrick, Lieutenant Governor and President of the Senate, called the Senate to order.

The Reverend Scot Wall, Capitol Commission Texas, Austin, offered the invocation as follows:

Heavenly Father, it is no secret that our world seems to be in great turmoil. So, we come today asking for Your hand of peace. You say in Philippians to not be anxious about anything, but in everything by prayer and supplication with thanksgiving let our requests be made known to You. And Your peace which surpasses all understanding will guard our hearts and our minds in Christ Jesus. But not only do we ask for Your hand of peace, we ask that You would empower us to do our responsibility to be able to seek the peace. Just as You called the people of Israel in the book of Jeremiah to seek the peace as well as to pray for it while they were in captivity in Babylon, we too pray for peace and commit to seek peace with our fellow man. Just as Peter told those who lived in tumultuous times during the time of Emperor Nero to not only pray for peace but to seek it as well, we again pray for peace and commit to seek peace with our fellow man. We ask that you will help us to heed the admonition that Peter gives in 1st Peter, chapter 3, to not repay evil for evil, but on the contrary, bless . . . and to turn away from evil and do good and seek peace and pursue it. We know that it is weak to allow divisions and fear and anger control us. Help us to be men and women who are strong and courageous to stand against the tide and do what is not natural, but supernatural . . . and that is to love everyone, even our enemies, just as Jesus Christ demonstrated and called us to do as well. It is easy to love those who are lovable. It is supernatural to love those who are seemingly unlovable. Help each of us to commit this session, to love each person within this Capitol no matter who they are and to seek the peace as we pray for it. Please grant us peace this session. Amen.

The President directed the Secretary of the Senate to call the roll of the Members of the Senate.

The roll was called and the following Senators answered to their names: Bettencourt, Campbell, Eckhardt, Hall, Hancock, Huffman, Johnson, Nichols, Paxton, Powell, Schwertner, Seliger, Springer, West, Whitmire.

The following message from the Secretary of State was read and was filed with the Secretary of the Senate:

THE STATE OF TEXAS

Secretary of State

I, RUTH R. HUGHS, Secretary of State of the State of Texas, DO HEREBY CERTIFY that according to the records of this office the attached is a true and correct list, in district order, of the members of the Senate of the 87th Legislature, 2021, whose election on November 3, 2020, has been duly and legally certified to this office.

IN TESTIMONY WHEREOF, I have hereunto signed my name officially and caused to be impressed hereon the Seal of State at my office in the City of Austin, Texas this 21st day of December, 2020.

(Seal)

/s/Ruth R. Hughs

Secretary of State

State Senator, District 1          Bryan Hughes

State Senator, District 4          Brandon Creighton

State Senator, District 6          Carol Alvarado

State Senator, District 11        Larry Taylor

State Senator, District 12        Jane Nelson

State Senator, District 13        Borris L. Miles

State Senator, District 18        Lois W. Kolkhorst

State Senator, District 19        Roland Gutierrez

State Senator, District 20        Juan "Chuy" Hinojosa

State Senator, District 21        Judith Zaffirini

State Senator, District 22        Brian Birdwell

State Senator, District 24        Dawn Buckingham

State Senator, District 26        José Menéndez

State Senator, District 27        Eddie Lucio Jr.

State Senator, District 28        Charles Perry

State Senator, District 29        César J. Blanco

The President directed the Secretary of the Senate to call the roll of Senators-elect as certified by the Secretary of State.

The roll was called and the following Senators-elect answered to their names: Alvarado, Birdwell, Blanco, Buckingham, Creighton, Gutierrez, Hinojosa, Hughes, Kolkhorst, Lucio, Menéndez, Miles, Nelson, Perry, Taylor, Zaffirini.

The President directed the Senators-elect to proceed to the Bar of the Senate.

Chief Justice Nathan L. Hecht administered the Constitutional Oath of Office to the Senators-elect as follows:

I, ______________________, do solemnly swear, that I will faithfully execute the duties of the office of Senator of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this state, so help me God.

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

The President extended appreciation to Chief Justice Nathan L. Hecht for his assistance in the opening session of the 87th Legislature.

The President acknowledged the presence of First Lady Cecilia Abbott.

The Senate welcomed its guest.

The President presented to the Senate the Honorable Greg Abbott, who addressed the Senate as follows:

Thank you all. Thank everybody here and, Lieutenant Governor, it's an honor to join you as well as the entire Senate for the start of the 87th Legislature. I'm proud to have with me today, the fabulous First Lady of Texas. You know, it's kind of interesting because she is like a lot of your new Members who were recently elected the first time. She's been dying to get out of the house. And so, she is excited to have the opportunity to come over here and get to see faces again and looks forward to welcoming many of you over to the Governor's Mansion during the course of this session. Also personally speaking, I'm looking forward to seeing two things develop over the course of this session. One, I'm looking to see the innovative solutions that you are able to provide to address the challenges of the people of the state are facing. Second is, I'm looking for the innovative ways that you come up to haze your newest, last elected Member to the Texas Senate, Drew Springer. To all who were just elected, congratulations to you on your election and/or reelection. To those who were not on the ballot, it's great to see you again. To all of you, I look forward to working with you again this session just as effectively as we did last session. Now let's be clear, last session was a tremendous success. Among other things that we accomplished, we passed sweeping reforms to our school finance system and we made major investments in our students and in our teachers, but now new challenges await us this session. Over the past year, Texans have been challenged like never before, but Texans are resilient and our state will emerge from this episode stronger than ever before and in our typical superior fashion. To do that, however, we all need to come together and work together over the next 140 days exactly like we did last session. Over the next 140 days we have the opportunity to put Texas on a trajectory to make our state even more extraordinary. That means tackling COVID challenges and ensure better access to health care for all Texans. It means supporting our law enforcement officers in keeping our communities safe. It means safeguarding freedom for all Texans and it means getting Texans back to work. When we do this, we will create a healthier, safer, freer, and more prosperous future for every Texan. And let me add this, now more than ever, Texans need you to succeed this session, but equally important, now more than ever, America needs Texas to lead the way. May God bless you in your efforts, and may God forever bless the great State of Texas.

The President notified the Governor that the Senate was organized and ready to transact business.

The Senate at 12:24 p.m. recessed until 12:30 p.m. today.

The Senate met at 12:30 p.m. and was called to order by the President.

The President announced that the time had arrived for the election of President Pro Tempore of the 87th Legislature, Regular Session.

Senator Nelson placed in nomination the name of Senator Brian Birdwell for the office of President Pro Tempore of the 87th Legislature, Regular Session. Senators Whitmire, Zaffirini, Huffman, and Bettencourt seconded the nomination.

On motion of Senator Nelson, Senator Birdwell was elected President Pro Tempore.

The President declared that the Honorable Brian Birdwell had been duly elected President Pro Tempore of the 87th Legislature, Regular Session, by acclamation.

The President appointed the following committee to escort Senator Birdwell and his wife, Mel, to the President's Rostrum:  Senators Buckingham, Hinojosa, Kolkhorst, Lucio, and Nichols.

Senator Birdwell and his party were then escorted to the President's Rostrum by the committee.

The President acknowledged the presence of the Honorable Wade Birdwell.

The Senate welcomed its guest.

The Honorable Wade Birdwell administered the Constitutional Oath of Office to Brian Birdwell as follows:

I, Brian Birdwell, do solemnly swear, that I will faithfully execute the duties of the office of President Pro Tempore of the Senate of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this state, so help me God.

President Pro Tempore Birdwell addressed the Senate as follows:

First thing is I thought I'd stand up here and let you see my Democrat and Republican colleagues are going to ensure that the healthiest man in Texas for the next five months will be Dan Patrick. There are a number of thank yous that should come first. First, my wife, Mel, who the Lord gave me 33 and a half years ago. She's the best advocate, ambassador, and commanding general for whom I could ask. Lieutenant Governor Patrick, gosh, I'm already a little emotional and I, and I don't mean to be. I feel so inadequate to the nominating speeches and Governor Patrick's comments. But to Lieutenant Governor Patrick, for deferring to my brother, Wade, to administer the oath of office and the encouragement you have been to me since I first met you in 2009 at that Veterans Day event in Houston. To Justice Wade Birdwell, for being on time, barely, to administer the oath and not being as long-winded as usual. In case you don't know it, Wade is a whole lot more gifted at speaking for lengths on end than I am. So, we gave him the script to the oath and that was it. I can only imagine how proud Doug, Pat, Mom, and Lois are today had they been able to join us, if the Lord had not called them into eternity sooner than today. To my son, Matt, his wife, Ann Marie, and our grandchildren Elijah and Lily, I wish you could've joined us today, but know how proud we are of you. Son, you're a fabulous father and a fabulous husband. To my fellow Senators, for this honor, to the nominating speeches, the Senators that did the nominations, the Senators doing the escorting, you have my heartfelt thanks for your thoughts and the rigor of your respective remarks. I am inadequate to them. To my current and previous staff, who've helped me be the Senator that I told my constituents that I would be, your subordinate's success is your success. And because I've had staff that have been very successful in helping me be successful, it's what has made me the Senator that you have nominated me to be your Pro Tem. To my constituents, who for several elections have now trusted me with sitting in the seat that they own, that would afford me this honor, I am deeply grateful for your trust and confidence for the last decade. The only privilege as great as the one that is being bestowed by constituents today and my fellow Senators is when I was asked to command United States soldiers. And, finally, most appropriately, my Lord and Savior, who is my ultimate assignments officer, the events of life where He has carried and sometimes walked with me, and the grace that He has shown me to bring me to this point. Thirty years ago at this moment, I was in the desert of Saudi Arabia, preparing for the largest tank fight since World War II. Twenty years ago this coming September, with no knowledge that the United States was going to be under attack, I went to the largest office building, and by the Lord's grace, He would carry me out of it that day. The things that I've been able to see and experience since that day that should have killed me, and the honor of being not just a State Senator but the Pro Tem, I am unworthy of the grace of my Lord and Savior to bring me to this point. Now for the fundamentals, the selection of the President Pro Tempore is done by seniority, and the most senior Senator who has not yet performed those duties is selected. It is now my turn since I'm immediately behind Senator Huffman in seniority. I want to take a slight twist on General MacArthur's speech to the Long Gray Line at West Point. Students of history will recall his duty, honor, and country speech. My twist is simply this, duty, the Senate, Texas. Article III, Section 9, and Article IV, Section 17 and 18, specifically lay out the duties of the President Pro Tempore, and while mostly ceremonial in the periodic absence of the Lieutenant Governor. However, should, God forbid, a chain of succession event occur, my commitment is to my duty, to the Senators that have chosen me here today, and to the citizens of Texas that I will serve, be it as Lieutenant Governor, or again, as God forbid, Governor of the state. Thus, duty, Senate, Texas will be my focus and that I will execute those duties to the best of my ability as the Lord illuminates my understanding and pray for his wisdom, grace, courage, and discernment. What a great place Texas is for an old soldier who now resides in Granbury in Hood County to serve in such a capacity. Thank you for this honor. Senators, thank you for all that has been said. God bless each and every one of you. And all the Senators said, hooah.

Senator Hughes offered the following Motion In Writing:

Mr. President:

I move that all remarks made for the election of the President Pro Tempore be reduced to writing and placed in the journal.

HUGHES

The Motion In Writing was read and prevailed without objection.

President:  The next order of business is the election of the President Pro Tem. The Chair recognizes Senator Nelson for the nomination.

Senator Nelson:  Thank you, Mr. President. I rise to nominate Senator Brian Birdwell as President Pro Tempore of the Texas Senate. As outlined in the Texas Constitution, the President Pro Tem is one of the most honored positions in Texas government. The third in line for a Texas Governor. Senators select one of our own to perform the duties of the Lieutenant Governor in his absence, and if the Governor and the Lieutenant Governor are both out of the state, the President Pro Tem is the acting Governor. When that happens, we can all sleep well knowing that Texas is in the capable hands of a distinguished veteran and statesman with an impeccable record of service. Now, for those who don't know, Brian was born in Fort Worth, spending most of his early years in Beaumont and lived in Granbury since returning to Texas in 2005. Brian graduated from Lamar University in 1984, commissioned as an officer in the United States Army, retired from active duty in 2004, and two years later, in 2006, is when I met Brian Birdwell. Now, in my district we have an annual event in Denton County called Heroes of Denton County, and that honors first responders. It was inspired by the bravery that we saw in the Twin Towers right after September 11th. And in 2006 the keynote speaker, and I actually got to sit at the head table right next to the keynote speaker, who was a highly decorated military officer who survived the attack on the Pentagon. Now, we were all captivated by his story. I mean, 60 percent of his body burned, 39 surgeries, months upon months spent in hospitals. You really, if you've never read his book, you should. It is Refined by Fire. His story is just incredible and inspiring. But I didn't know he was going to be joining me four years later, right here in the Texas Senate. But it was clear then that even though he had retired from active duty, this soldier's fight was not over. He was determined to keep on fighting for our country, its people, and its ideals, despite the terrible injuries that he suffered on September 11th. During his 30-year Army career, Lieutenant Colonel Birdwell earned almost every award and commendation there is. He received the Bronze Star. His three unit citation awards include the Valorous Unit Award earned during the Gulf War, in the largest armored battle since World War II. He was also awarded the Army staff badge, the Purple Heart for the wounds that he sustained on September 11th, and one of the United States military's most prestigious awards, ranking just below the Silver Star, Brian was awarded the Legion of Merit. We are all immensely grateful, Senator, for the sacrifices that you made for our country, and here in Texas we're glad that his commitment to public service led him right here to the Texas Senate. Now, Brian has served in many capacities. He was elected in 2010. He has logged a distinguish record of accomplishments that benefits not just his district but our entire state. He served as Chair of the Nominating Committee, Sunset Advisory Commission, the Committee on Natural Resources and Economic Development. In fact, for several months, Senator, I believe you chaired all three of those at the same time. He has been an outstanding member of the Senate Finance Committee, where he has been a strong advocate for technical education. Since his first session, Senator Birdwell has fought to ensure that Texas State Technical College headquarters, headquartered in his district is treated as a full partner among our seven university systems. Last session he helped secure $38 million to bring parity to that school's formula funding. Nobody trifles with TSTC with Senator Birdwell among us. In 2015, he came into his own as a more senior Member of the Senate and was instrumental in affirming the right of citizens on state university property to enjoy their Second Amendment right to self-preservation by passing campus carry. During the interim, Senator Birdwell chaired the Sunset Commission where 32 state agencies were up for review, with several high profile agencies like the Department of Public Safety, Texas Alcoholic Beverage Commission, Texas Windstorm Insurance Association, Lower Colorado River Authority, as well as all of our finance and banking commissions. He updated an antiquated Texas Alcoholic Beverage Commission Code and reformed the Ethics Commission. And an especially important accomplishment for his district, Senator Birdwell authored the bill to place our river authorities under Sunset review. And if I remember, that passed unanimously out of this body 31 to 0. Senator Birdwell has been a strong defender of our freedoms. Many of us remember when he brought to the floor a resolution calling for Article V, Convention of States. Whatever your stance was on that issue, it was quite an experience to travel back in time to the Constitutional Convention in Philadelphia, and hear Senator Birdwell's passion for what the framers had truly envisioned in Article V. Aside from being a soldier and a statesman, I have to tell you one of the things that I love most about Brian Birdwell is his devotion to his family. Mel's sitting right by him today. He and his wife, Mel, started a nonprofit to help burn victims and wounded soldiers. Mel is the most recent past president of the Senate Ladies Club. They have one son, Matt, and his, he's married to Ann Marie, two absolutely darling grandchildren, Elijah and Lily, which by the way, makes Brian an official member of our bipartisan Senate Grandparents Club, Caucus. As the daughter of a World War II veteran, Brian, I am so thankful for your service to our country as well as your commitment to the freedoms that we enjoy. I am proud to call you a colleague and a friend. Mr. President, I am honored to nominate Brian Birdwell to serve as our President Pro Tempore of the Texas Senate.

President:  Thank you, Senator Nelson. The Chair now recognizes Senator Whitmire to second the nomination.

Senator Whitmire:  Thank you, thank you, Mr. President and Members. It's an honor to stand before you and to second the nomination of Brian Birdwell as our President Pro Tempore for this session. And, Senator Birdwell, I want to thank you for the honor that you have allowed me to display today. I can't think of a better qualified Member, and I mean this in all sincerity. Normally it's a ceremonial position but I think because of these unusual times, I think it could easily at a moment become a strategic position, and with your, literally, experience, the confidence that we place in you, I can't think of a better Member to nominate today. Members, I would also like to use this opportunity to display Senator Birdwell as to what I think our new Members, and maybe even the senior Members, to get a refresher course. Watch how he performs as a State Senator. Dedicated to his district, he loves his country, his state, and he loves this body. And I could spend a lot of time today illustrating how he works this floor, doesn't say much, and that's the reason we listen to him when he speaks. And I've had the honor and the pleasure through my seniority to see literally hundreds of Members come through that door, House and Senate. And when you first meet him, you size him up, and make a first impression. And when I met Senator Birdwell 10 years ago, I knew he was a keeper, someone that would make a difference, that could serve as long as he chose with his partner, Mel, at his side. And in these 10 years, I have watched him grow as I've watched many of you grow. It's a real pleasure to watch a new Member, in his instance, no public official, no election in his background, but he had been a public servant for years, and that makes such a huge difference. He had been a public servant. And in these short 10 years, seems like longer, Senator Birdwell has become one of our most effective Senators. I watched him when he was appointed Chairman of Nominations do a masterful job. That's a different challenge than those of us that chair other committees because it's a mixture of substance, a lot of partisanship, and he would have the folks that the body would want come before that committee, and then he would also allow the Senators to make the judgment about did he or she want their constituent to come before that committee, did a brilliant job, Brian, of cooperating with the Members and this institution. And then, moving on to Sunset. Sunset, as we all know, is a special committee that you can make such an impression and a difference in state government. He served there, served on Finance, very effective member of Finance. Senator Nelson, I know you depend on him. And now, chairing Natural Resources and Economic Development, I can't say enough and let him illustrate to us what it is about to be a State Senator. We make lifetime friends on this body, and I know he will, he is my lifetime friend. And so, let me just close by saying as we honor and place Senator Birdwell in a position of responsibility, let's, let's watch him. He comes over to my desk and he understands I've got a district, he's got a district, and I'll just give this quick illustration. He had a criminal justice bill about 2017 that someone had brought to him from his district where if a probationer came into money, won the lottery, inherited funds, he or she had to repay the State of Texas for the services, the treatment that they had received. Well, I being sort of cynical and seen all different approaches to kind of be tough on probationers, I said, no, that's not, you know, what's the chances of that happening. It's really somebody in your district wanting to be rough on probationers. I'm sensitive that they most likely don't have much money, trying to get back on their feet, let's talk. So, we kept talking and he finally told me, Senator, this really means a lot to me. I've got a District Judge in Hill County that really thinks this is important. They've got some probationers that have inherited some farm land that they believe now need to pay for the services that we provided. He and I spent enough time with each other that he passed that bill, and it had safeguards addressing my concern. That's Senator Birdwell demonstrating how we can accomplish matters in this body when we work with each other, leave our politics at the door, work with each other in a bipartisan fashion. So, let me close and give you one of the biggest honors that I believe I've ever placed on someone. In the future, Members, let's talk about when we're really struggling and working and late hours, trying to do the right thing, let's look at each other and say, let's do it the Birdwell way. Let's do it the Birdwell way. With that I proudly second your nomination.

President:  Thank you, Dean. And now the Chair recognizes Senator Zaffirini with a second nomination.

Senator Zaffirini:   Thank you, Mr. President. Mr. President and members, it is my pleasure and privilege to rise to second the nomination of our esteemed friend and colleague, Senator Brian Birdwell, to be our President Pro Tempore. William Ward wrote so long ago, The Lord wants us to be victors, not victims; to grow, not to grovel; to soar, not to sink; and to overcome, not to be overwhelmed. He could have written those words for Senator Birdwell. Indeed, he has been victorious when others thought he would lose, Lord knows he's never groveled to anyone, he has soared over political obstacles, and he has overcome what would have destroyed or at least permanently demoralized a lesser person. In 2010 when we heard Brian Birdwell of Waco had been elected to the Texas Senate, the general reaction among those of us who didn't know him was, “Huh?” He did the unthinkable: With no political experience, he beat a former popular, powerful opponent who was endorsed by all the powers that be, including the outgoing senator and the governor. The Texas Tribune said it best: “What Birdwell lacked in experience, he made up in narrative.” Indeed. Now he is the popular, powerful incumbent who has chaired 2 Senate committees and Sunset, passed 151 bills, and typically has been re-elected with 85 percent of the vote. When I first told him we had heard he was a right-wing, ultra-conservative, Bible-thumping, gun-loving, combative Republican, he responded: “They were right. Hooah!” (which, I soon learned, is Army lingo for “heard, understood, and acknowledged.”) They were also right when they described him as a man of the highest integrity who embodies the sterling values of honesty, humility, and sincerity. They were wrong, however, when they described the combat-experienced retired U.S. Army lieutenant colonel as fearless: He's afraid of Mel. Having worked with him since he was vice chair of the Senate committee I chaired and now that I am vice chair of the Senate committee he chairs, I can attest that Senator Birdwell is as intelligent as he is inspiring, as witty as he is wise, and (He won't like this!) as sensitive as he is sweet. Senator Birdwell doesn't differentiate in his treatment of the men and women of the Texas Senate: He is an equal opportunity insulter. I'll never forget the first time he called me “maggot” and “dirtbag” and threatened to “burn my village” if I didn't vote for his bill, but when I asked him if I could explain my bill, he said, “Oh, just put a bullet in me! Just shoot me now.” To interact effectively with him, you have to get used to his stylized, personalized, militaristic language. Instead of “dog and pony show,” he'll say, “canine equestrian extravaganza.” To ask you to mute your cell phone, he'll say, “Weapons on safe!” When asked why he didn't explain his bill more fully, he'll say, “I don't want to vomit on you.” Truly, Senator Birdwell is a gifted communicator: He can call you the ugliest names in the funniest ways and insult you while making you smile. If you want to understand the caliber of the man, read Refined by Fire: A Family's Triumph of Love and Faith, which he and Mel wrote in 2004. The year I read it I refused to walk in front of him for an entire session, simply to express my respect for the strength, endurance, courage, and faith that he and Mel and their son, Matt, exhibited after that plane crashed into the Pentagon and he was critically burned on 9/11. They are grateful to the countless heroes, strangers, and Good Samaritans who helped him that day, most notably the unknown Air Force colonel who held his IV bag, prayed with him, and promised to express his love to Mel and Matt as he lay in sheer agony, thinking he was dying. Incredibly, 15 years later, Gov. Rick Perry called him over at the Republican National Convention in Cleveland so he could meet an Air Force colonel who also had been at the Pentagon on 9/11. Within minutes, he was embracing that Good Samaritan. Incredible. But Senator Birdwell doesn't want to be known as “the 9/11 guy.” Actually, after 10 years in the Texas Senate, he is known for his sense of duty, for his technical and tactical proficiency, and for striving to improve every element of our state—no matter how big or how small. As Nominations Committee Chair, for example, he masterminded a paradigm shift—bringing in nominees from throughout the state, from the smallest boards, and, for the first time, from the judiciary. Serving as Chair of Sunset and of the Natural Resources and Economic Development Committee, facilitated his legislative successes such as putting river authorities under Sunset and reforming ethics requirements. Most important, as the senator for District 22, he has championed the Texas State Technical College reaching its highest status ever and balanced the needs of the families he represents with the needs of the families of our great state. The better you get to know Senator Birdwell, the better you like him. He is the best of the best of the Texas Senate, particularly because he prioritizes his faith and his family—so much so that his favorite titles are not “Colonel” or “Senator” or “Mr. Chairman,” but, rather, “husband,” “father,” and “Grandfather.” While it is true that he personifies the beautiful words by William Ward that I quoted earlier, it is more important that he lives by the words of St. Francis of Assisi: Preach the Gospel daily, and, if necessary, use words. (Brian, my friend, you don't need words.) Mr. President and Members, it is with great pleasure and deep affection that I second the nomination of Senator Brian Birdwell to be our President Pro Tempore.

President:  Thank you, Senator Zaffirini. Senator Huffman, you are recognized to second the nomination.

Senator Huffman:  Thank you. I want to start out by saying it's just such an honor to be asked today by my little brother to second the nomination. I call Brian little brother because he calls me sis. And we have developed a very special relationship, and he does feel like a brother to me. And it all started his very first session, and he sat where Senator Paxton sits, and I sat where Senator Johnson sits. And I was assigned the task to kind of keep him under my wing. And I tried, you know, ultimately, though, I'll say that he became my wingman, but I was supposed to be taking care of him. And I remember those first few weeks of session, I would look over there and that man looked shell-shocked. And I used to think, you know, wow, he's been through so much, you know, a jetliner fully loaded with fuel crashed into him and as he liked to say, burned him to a crisp. Right? I mean, he says it, those are his words. And I used to think that was, you know, it was tough, and, and a lot going on. Then I thought about where, where does he come from? He comes from the military where there's discipline, punctuality, respect for those in command, strict guidance about what the rules are, and then he landed in the Texas Senate. And he's looking around and, of course, none of that was going on, so. But he adapted and, of course, he's become the great Senator that he is today. It is that military experience that brings something so very, very special to this body. And any of you who have dealt with Brian, whether it be a policy issue, a political issue, it always circles back around to the military answer. He has a brain that can analyze complex issues and simplify them into something that makes perfect sense and makes it very easy to follow him in his guidance on the issue. And that's a, that's a great gift, and I know that that has developed through your many years of experience as has been laid out by the other speakers. I think that that military guidance bodes, it bodes well for this Chamber. I think that you have brought a seriousness to the Chamber that sometimes is lacking and that has brought you great respect. And so, you know, I was looking around for some quotes that I could use in this speech and thinking about some of the things that I've heard you say. I've told you before some of the stuff I can't repeat in a, in an audience, and so I wouldn't use this time to say those things. But I was struck by a quote that I found from a World War II General, Troy Middleton, who was a mentor of General Patton. And he said that once an officer has gained the respect of his men, or his women in this case, then all things are possible. And you earned and gained the respect of this body. And there is nothing more valuable than that. And so, I commend you for that, little brother. I'm very, very, very proud of you. It is kind of bittersweet to turn over the reins, and I'm the current President Pro Tempore. And it's been a interesting time to hold that position. As we all know, there was a terrible pandemic and so the Governor and the Lieutenant Governor never traveled. And so, I missed some of the opportunities but I'm very proud to watch you have these opportunities now. And as they say, C'est la guerre, and I'm going to translate that for Senator Whitmire since he doesn't speak French, but it means that's war. And that seems fitting for you. So, it's with great pleasure, it's such an honor to second your nomination, and I look forward to you being third in command, and you being Governor of Texas for, at least for a day. I love you, little brother. I just love you. Thank you.

President:  Thank you, Senator Huffman. Senator Bettencourt to second the nomination.

Senator Bettencourt:  Thank you, Mr. President. On September 11th, 2001, an airliner hit the Pentagon at 500 miles an hour and as Senator Huffman, Senator Nelson said, ignited the jet fuel, spewing superheated plasma and debris through three rings or four rings of the Pentagon. This man was 15 to 20 yards away from it. He survived. And he survived what I think is the title of his book, which is a refining fire, because it's really scripturally based. If you go to Zechariah 13:9, you'll talk about, and this is in his book, about the fact that they will be purified like silver and refined like gold, and then those that the one-third that have that happen to them will say, the Lord is our God and savior. If you want one sentence to define Brian Birdwell, that's what this is, because he did come through a refining fire. And now, and as mentioned, because Senator Zaffirini broke the ice on, I thought we got the memo that we weren't supposed to say that stuff but, but importantly, he's not all fire and brimstone. And he does have a unique sense of humor from time to time. And I feel that very important that we have to say, basically translate to the freshmen what has already been done by several of the senior Senators, but they've missed a few points I want to cover at this point. You know first off, you have to speak up to my friend, Frack. You have to talk loudly because Frick knows this because he can't hear after a few too many 155 millimeter salvos. So, freshmen are supposed to be seen and not heard. You got that, Springer? Alright? Two, you'll have to find out what fighting your battles in Ascalon means. That's going to take you about an hour, okay? Or more. If you ever hear of something like to the effect that the selector switch has been moved from automatic to manual, that's a good thing. And more importantly, the, you'll hear this more than once, the Presiding Officer of the Senate is, his Presiding Officer, Lieutenant Governor Dan Patrick. But he's not the CO, he's not the commanding officer, the commanding officer is Mel Birdwell, as Senator Nelson said. Let's give her a hand because she is the commanding officer. Now reportedly on Lake Granbury there's a boat that has some unusual characteristics. You can catch the Birdwells out there, let's say catching a few rays, drinking wine, eating cheese. And this boat has very loud speakers that play rock and roll continuously. If you need the reference go watch Kelly's Heroes, okay. Because that's Oddball and this is Kelly and there, everybody else has a part in that movie on the floor. You'll also find an old friend occasionally there. Actually, I ran into one the other day, I ran into Colonel Allen West, who served with Brian Birdwell in the same division. Now, West's nickname was Detonate Six because he was the rocket man in the division. And the nuclear tactical officer was Nic Tac Birdwell. And because Birdwell was so far underground they used to send messages to him to say give him a little sunshine because he never saw the light of day in that job. And, of course, after tactical nuclear weapons were mothballed, they brought him out of the ground and gave him a job at the Pentagon and the rest is history. The history is serious, though. As Senator Nelson said, it's the Bronze Star, it's the Purple Heart, it's the Legion of Merit, he's a serious guy. And his highlight to me was the Article V passage, because it took us two sessions to pass that bill. We debated it in a committee that was none too friendly, the two years before. And even though as Senator Z has said, when he disagrees, he will stay professional with you, but you can see the passion, because he's right. That bill that we passed, some day I hope will lead to a balanced budget amendment for the U.S. Constitution. And I hope maybe you'll be a delegate some day, Brian. But I can sit back and see that debate in my mind because this man is the type of person that would have been at Philadelphia Hall. He would have been at the Constitutional Convention, the first one, not the second one. He would have been at Washington on the Brazos, Senator Kolkhorst. He is our constitutionalist. We always refer to him because of all the things that I can say about my friend Frack, is that this refining fire that he went through gave him the absolute love of life, liberty, and the pursuit of happiness because he's that type of man and he's an American hero. And with that, Mr. President, I second the nomination of Brian Birdwell.

President:  Thank you, Senator Bettencourt. Before I go back to Senator Nelson, I just want to add, and I was hearing what you were saying, Dean Whitmire, about working with him on a bill. And this is a true story, Members. When he came here, we sat next to each other and like you, Senator Nelson, I had met him, I was an emcee at a Veterans Day event and I introduced him, he was the keynote, and then he came here in the Senate, and I had a local bill. And as Members know, most of the time, you don't vote against someone's local bill. For the real senior Members here, you know that I once upon a time did that as a Senator, voted against someone's local bill, five of them I think it was. But I said, Senator, you know, Brian, this is my district and why do you care? It's okay, you know what you have and I explained to him how it worked. I'm not making this up. He so convinced me that he was right that I was ready to vote against my own local bill. And I said, Brian, this might be the first local bill that ever passes when the author votes against it, and it will be 29-2. And he finally came on board with me. But that's a true story and, freshmen, those of you who'll get to know Brian, we spent a good half hour at my desk talking about that bill. I don't even know what it was, but you had convinced me that based on the Constitution that we should not do this. I've been blessed in my life to know so many great people, and I've been blessed in my life to work with so many great Senators. But I look back at that painting, turn around and look at the painting of the Alamo there, Members. The guy on the wall, that's Brian Birdwell. That's Brian Birdwell. We hear that saying, you know, I want that guy in my foxhole. That's the guy we want in a foxhole. And, Brian, with all of my heart, you are the finest human being I've ever known in my life. And I'm proud you're going to be President Pro Tem. Senator Nelson, back to you for a motion.

Senator Nelson:  Thank you, Mr. President. It is my great honor to nominate Senator Brian Birdwell as President Pro Tempore of the Texas Senate.

Senator Whitmire offered the following Motion In Writing:

Mr. President:

I move that the Senate Doorkeeper be directed to notify the House of Representatives that the Senate is organized and ready to transact business.

WHITMIRE

The Motion In Writing was read and prevailed without objection.

The President 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 87th 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, January 13, 2021, and ending on Tuesday, January 26, 2021.

WHITMIRE

SCR 2 was read.

On motion of Senator Whitmire and by unanimous consent, the resolution was considered immediately and was adopted by the following vote:  Yeas 31, Nays 0.

On motion of Senator Whitmire, the Senate at 1:23 p.m. recessed until 1:30 p.m. tomorrow.