The Senate met at 10:00 a.m. pursuant to adjournment and was called to order by the President.

The roll was called and the following Senators were present: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Nixon, Ogden, Ratliff, Shapiro, Shapleigh, Sibley, Truan, Wentworth, Whitmire, Zaffirini.

Absent-excused: Luna, West.

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

The Reverend Dr. Clint Dunagan, Tarrytown Baptist Church, Austin, offered the invocation as follows:

Father God, You have said in Your word that those in this room are Your "servants for our [Your] good" and that governing is "ordained" by You. (Romans 13:4, 1) But it is hard work and there are distractions. So, I pray that You will give them understanding hearts that discern truth and flee expediency; that You will give them sensitive hearts that seek justice with compassion; that You will give them passionate hearts that fight even to the point of self-sacrifice for what is right. May they sense Your presence in this very Chamber and draw from You the strength they need. Amen.

On motion of Senator Truan and by unanimous consent, the reading of the Journal of the proceedings of yesterday was dispensed with and the Journal was approved.

LEAVES OF ABSENCE

On motion of Senator Barrientos, Senator Luna was granted leave of absence for today on account of illness.

On motion of Senator Truan, Senator West was granted leave of absence for today on account of important business.

CO-AUTHOR OF SENATE BILL 13

On motion of Senator Zaffirini and by unanimous consent, Senator Carona will be shown as Co-author of SB 13.

CO-AUTHOR OF SENATE BILL 68

On motion of Senator Shapiro and by unanimous consent, Senator Bernsen will be shown as Co-author of SB 68.

CO-AUTHOR OF SENATE BILL 93

On motion of Senator Moncrief and by unanimous consent, Senator Barrientos will be shown as Co-author of SB 93.

CO-AUTHOR OF SENATE BILL 94

On motion of Senator Moncrief and by unanimous consent, Senator Barrientos will be shown as Co-author of SB 94.

CO-AUTHOR OF SENATE BILL 95

On motion of Senator Moncrief and by unanimous consent, Senator Barrientos will be shown as Co-author of SB 95.

SENATE RESOLUTIONS ON FIRST READING

The following resolutions were introduced, read first time, and referred to the committees indicated:

SCR 1 by Madla, Nixon

Declaring Sanderson the Cactus Capital of Texas.

To Committee on Administration.

SCR 2 by Truan, Shapleigh, Lucio, Zaffirini

Memorializing the U.S. Congress to provide for more customs inspection lanes and officials and for 24-hour customs operations, at border crossings between Texas and Mexico.

To Committee on Border Affairs - Special.

SCR 3 by Truan, Shapleigh, Zaffirini

Directing the Texas Department of Transportation to increase its efforts to employ NATAP and other new technology to expedite truck traffic at border crossings.

To Committee on Border Affairs - Special.

SCR 6 by Harris

Requesting the governor, lieutenant governor, and speaker of the house to establish a Blue Ribbon Task Force to study the uninsured issue.

To Committee on Administration.

SCR 7 by Moncrief, Fraser, Ogden, Shapleigh, Truan

Memorializing Congress to provide lifetime healthcare for military retirees over the age of 65.

To Committee on Veteran Affairs and Military Installations.

SCR 8 by Lindsay

Granting ARAMARK Sports and Entertainment Services of Texas, Inc., formerly doing business as Araserve Campus Dining Services of Texas, Inc., permission to sue the State of Texas and Texas Southern University.

To Committee on Jurisprudence.

SCR 9 by Ellis

Endorsing the establishment of the Texas Institute of Science and Technology.

To Subcommittee on Technology and Business Growth.

SCR 10 by Ellis

Directing the Texas Workforce Commission to submit a report to the 76th Legislature comparing appropriated funds with those actually spent on each commission program and an analysis of the commission's compliance with the uniform statewide accounting system.

To Committee on Human Services.

SCR 11 by Ellis

A concurrent resolution directing the Texas Workforce Commission to submit a report to the 76th Legislature comparing budgeted funds with those actually spent

on each commission program and an analysis of the commission's compliance with the uniform statewide accounting system.

To Committee on Human Services.

SCR 12 by Ellis

Requesting the comptroller of public accounts to develop strategies to increase efficiency and reduce complexity of fee collection and dispersal by county and municipal clerks.

To Committee on Jurisprudence.

SCR 13 by Ellis

Urging the Supreme Court of Texas to adopt a rule to allow trial courts discretion in permitting jurors to take notes during trial.

To Committee on Jurisprudence.

SCR 14 by Ellis

Requesting the Office of Court Administration to work with the Judicial Committee on Information Technology to notify counties of a defendant's residence.

To Committee on Jurisprudence.

SCR 15 by Ellis

Directing the Texas Judicial Council to examine the costs of increasing reimbursement of jurors' expenses to $40 after the first day of trial and to examine the feasibility of allowing counties to offer incentives to jurors for service.

To Committee on Jurisprudence.

SCR 16 by Duncan

Designating Lubbock and West Texas as the "Music Crossroads of Texas."

To Committee on State Affairs.

SENATE RESOLUTION 55

Senator Ogden offered the following resolution:

WHEREAS, The Senate of the State of Texas takes pride in recognizing the participants in the TALL VI class of the Texas Agricultural Lifetime Leadership program; and

WHEREAS, The Texas Agricultural Lifetime Leadership program is part of the Texas Agricultural Extension Service and is now in its 12th year of operation; the program is designed for men and women who are in the early stages of their leadership careers, and applicants must be residents of Texas and actively involved in farming, ranching, or a business closely related to agriculture; and

WHEREAS, Candidates for the program are reviewed for leadership integrity and effectiveness, analytical and communicative skills, potential for growth, and vocational commitment; and

WHEREAS, The goals of the program are to identify and support emerging leaders, to heighten their knowledge of current issues, and to increase their personal involvement in state and local activities that contribute to the growth of Texas agriculture; and

WHEREAS, The TALL VI class consists of 28 leaders in agriculture ranging from 25 to 40 years in age; during a two-year span, these participants will tour

throughout the State of Texas and visit Mexico, Washington, D.C., New York, and China; the class will attend its third session in Austin to learn firsthand about state government and agricultural representation and its effects; and

WHEREAS, The members of the TALL VI class are devoting their time and energy to discovering how to solve the complex issues facing the agriculture industry today, and they deserve recognition for their dedication and hard work; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 76th Legislature, hereby congratulate the members of the TALL VI class on their selection as participants in this esteemed program and extend to them best wishes for the future; and, be it further

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

The resolution was again read.

The resolution was previously adopted on Monday, January 25, 1999.

GUESTS PRESENTED

Senator Ogden was recognized and introduced to the Senate members of the Texas Agricultural Lifetime Leadership program and Dr. Jim Mazurkiewicz, Director, accompanied by Mary Lou Bradley and Jonny Miller of the Cattleraisers Association.

The Senate welcomed its guests.

(Senator Truan in Chair)

MESSAGE FROM THE GOVERNOR

The following Message from the Governor was read and was referred to the Committee on Nominations:

Austin, Texas

January 27, 1999

TO THE SENATE OF THE SEVENTY-SIXTH LEGISLATURE, REGULAR SESSION:

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

TO BE JUDGE OF THE 19TH JUDICIAL DISTRICT COURT, MCLENNAN COUNTY, until the next General Election and until his successor shall be duly elected and qualified:

Ralph T. Strother

708 Kipling

Waco, Texas 76710

Mr. Strother will be replacing Judge Bill Logue of Waco who retired.

Respectfully submitted,

/s/George W. Bush

Governor

ESCORT COMMITTEE APPOINTED

The Presiding Officer announced the appointment of the following committee to escort the Governor in Joint Session: Senators Brown, Chair; Truan, Bivins, Nelson, and Armbrister.

(Senator Brown in Chair)

HOUSE CONCURRENT RESOLUTION 27

The Presiding Officer laid before the Senate HCR 27.

On motion of Senator Truan and by unanimous consent, all necessary rules were then suspended to take up for consideration:

HCR 27, Requesting the house of representatives and senate to meet in Joint Session Tuesday, February 16, 1999, in honor of Military Appreciation Day.

The resolution was read.

On motion of Senator Truan and by unanimous consent, the resolution was considered immediately and was adopted by a viva voce vote.

CAPITOL PHYSICIAN

Senator Barrientos was recognized and presented Dr. Elliot Trester of Austin as the "Doctor for the Day."

The Senate welcomed Dr. Trester and thanked him for his participation in the "Capitol Physician" program sponsored by the Texas Academy of Family Physicians.

GUESTS PRESENTED

Senator Armbrister was recognized and introduced to the Senate students from Port Lavaca participating in the Texas Scholars Program.

The Senate welcomed its guests.

CONCLUSION OF MORNING CALL

The Presiding Officer at 10:23 a.m. announced the conclusion of morning call.

RESOLUTIONS SIGNED

The Presiding Officer announced the signing of the following enrolled resolutions in the presence of the Senate: HCR 1, HCR 20.

MOTION TO ADJOURN

On motion of Senator Truan, the Senate at 10:24 a.m. agreed to adjourn upon conclusion of the Joint Session until 10:30 a.m. tomorrow.

JOINT SESSION

(To hear the State of the State Address by the Honorable George W. Bush, Governor of the State of Texas)

The Presiding Officer, Senator Brown in Chair, announced the time had arrived

to hear an address by Governor George W. Bush, pursuant to the provisions of HCR 1.

The President and the Senators present, escorted by the Secretary of the Senate and the Sergeant-at-Arms, proceeded to the Hall of the House of Representatives at 11:00 a.m.

The President was announced and, on invitation of the Speaker, occupied a seat on the Speaker's rostrum.

The Senators were announced and were admitted and escorted to seats prepared for them along the aisle.

The Honorable George W. Bush, Governor of the State of Texas, was announced by the Doorkeeper of the House.

The Governor and his party were escorted to the Speaker's rostrum by Senators Brown, Chair; Truan, Bivins, Nelson, and Armbrister on the part of the Senate and Representatives Solomons, Chair; Coleman, Keel, E. Reyna, and Sadler on the part of the House.

The Honorable Rick Perry, President of the Senate, called the Senate to order and announced a quorum of the Senate present.

The Honorable James E. "Pete" Laney, Speaker of the House of Representatives, called the House to order, announced a quorum of the House present, and stated the purpose of the Joint Session.

Speaker Laney introduced the following platform guests: First Lady Laura Bush; Margaret LaMontagne, Governor's Senior Advisor; Terral Smith, Director of the Governor's Legislative Office; and Albert Hawkins, Director of the Governor's Office of Budget and Planning.

Upon recognition by the Speaker, the President introduced His Excellency George W. Bush, Governor of the State of Texas, who addressed the Joint Session as follows:

We begin this session with a national spotlight on us. I have been asked about it. You have been asked about it. You didn't ask for it, but it is here anyway. And we can either view it as a distraction or seize it as an opportunity to show the world what limited and constructive government looks like.

Here in the nation's second largest state-the world's 11th largest economy-we meet for only 140 days only once every two years. And we get the job done, because limited government works. Limited government brings focus. It requires us to put aside posturing and politics and find common ground.

We sometimes disagree, but we do so agreeably. We know we serve Texans best when we work together in a spirit of cooperation and respect; when we seek common ground based on Texas values of limited government, local control, strong families, and personal responsibility.

Take my friend, Senator Ellis. When it comes to elections, he and I don't agree on many things. But, when I take time to listen to the

Senator, I find he has a good idea now and then. And if you give him some truth serum, he might say the same about me.

The national spotlight gives us a chance to show how well limited government works. And together, we can show Washington how to handle a budget surplus.

We have a surplus because we have been good stewards of tax dollars. You know that taxes come from the sweat and toil of men and women with bills to pay and mortgages to meet.

I agree with Speaker Laney's wise words to start this session when he cautioned, "Budget surpluses are not a license for wasteful spending."

During times of plenty, we must not commit our state to programs we cannot afford in the future. We must meet basic needs, dedicate the lion's share of new money to public schools, then send money back to the hands who earned it, the taxpayers of Texas.

Tomorrow, I will submit a budget that is balanced and limits government's growth. It reflects my two major priorities: schoolchildren and taxpayers.

I will propose consumer sales tax cuts to eliminate taxes on diapers, over-the-counter medicines, and access to the Internet.

I propose a small-business tax cut to provide relief to the small entrepreneurs who are the backbone of our state's economy.

I propose a research-and-development tax credit to foster innovation and keep Texas on the leading edge of new technology.

Finally, I will propose a $2 billion property tax cut. This will cut rates an average of 13 cents for every $100 of your home or property's value. This tax cut has a dual purpose: it will encourage home and property ownership that is the heart of the Texas dream and it will maintain the state's share of funding for our schools.

If we do not prioritize public education, if we fail to cut property taxes, the state's share of spending on schools will decline dramatically. More and more districts will become Robin Hood districts and our school finance system will be unbalanced, unfair, and ultimately unconstitutional.

My plan makes our public schools our number one priority.

And, I look forward to working with you to pass truth in taxation legislation so that when we cut taxes, we make sure they stay low.

The spotlight is on us; let us show Texas knows how to fund our priorities, balance our budget, and cut taxes.

We are already leading the nation in improving our schools by insisting on local control, high standards, and strong accountability. During the past four years TAAS test scores have increased across the board, for every ethnic group, in every subject, at every grade level tested.

Recent national report cards show Texas' African American fourth-graders ranked first in the nation compared to their peers, Texas leads the nation when it comes to improving our schools, and our curriculum is one of the most rigorous in America.

These results are a tribute to your bold leadership and the hard work of educators, teachers, parents, and students across Texas. We are proving

that when you raise the bar, people rise to the challenge.

I look forward to working with you to take our reforms a critical step further, to provide early intervention and end the failed practice of social promotion. Social promotion is the result of low hopes, low standards, and low expectations. You and I have high expectations for every child, and we must have high standards to match those high hopes.

Our children are counting on us-children like the Houston fifth-grader who wrote: "I think social promotion is kind of like . . . saying that you don't care. I don't want to be left behind later in life."

This week, Chairman Bivins and Chairman Sadler and I laid out a plan that provides intervention early before it's too late. The state will pay for that extra help, so no child is left behind and every child learns to read. Reading is freedom.

Adam Gonzales has learned that lesson. He was pushed through the system until last year, when his school district, Lubbock-Cooper, had the courage to end social promotion. When Adam failed the eighth-grade reading and math TAAS, he went to summer school and got one-on-one help. He's a high school freshman now; his grades are up across the board. He now has reason to believe he can pass the test to achieve his goal of becoming a United States Marine.

Adam is here today with his mom and his teacher. Adam, I appreciate your hard work. Thanks for aiming high. Please help me welcome Adam Gonzales.

I want every child to soar, so I propose expanding the Advanced Placement program with the goal of 100,000 Texas children passing the exam by 2002. We must challenge all our students to be the best they can possibly be.

That goal requires good places to learn and good people to teach. Our teachers are the lifeblood of our schools, so I ask you to send one billion additional dollars to local districts to raise salaries or hire more teachers to reduce class size. I urge you to fund teacher training so our teachers learn to teach reading with the most up-to-date science: phonics. And I hope you'll join me in supporting the Lieutenant Governor's reading master teacher proposal.

Last session, we funded a bond program that allowed 230 school districts to build more than $3 billion of new schools. I ask you to double that successful program.

Finally, let's show Texas is not afraid to change and innovate. During the last four years, we have provided new outlets for educational entrepreneurs: charter schools, open-enrollment campuses, and public school choice.

These bold experiments have shown that parents from all walks of life are hungry for a better education for their children. I know there's a huge debate raging, but we must not trap students in low-performing schools. It is time to see if it works: let's try a pilot voucher program.

Excellence is our goal, not only for our schools, but also for our quality of life. Texas must be a place with healthy children, safe

neighborhoods, quality jobs, and a place where neighbors are encouraged to help neighbors in need.

Our youngest Texans need our help. Last year, 176 children were killed by abusive parents or caretakers. For every one who dies, countless others suffer in anonymity. This breaks my heart. I urge you to increase funding so our child protection agency can hire 380 new caseworkers to rescue children before they become a tragic statistic.

The early years are critical ones, so I ask you to support the First Lady's early childhood initiative and to give our Attorney General more tools to enforce child support. I thank Representative Henry Cuellar for sponsoring my proposal for after-school enrichment programs for middle school children in high-risk neighborhoods. We must help our children to learn to make good choices in life.

No matter where you stand on this next issue, I believe we all want to reduce the number of abortions in Texas. I look forward to working with Senators Shapiro and Nelson and Representative Delisi to pass a bill to involve parents in this major medical decision for their minor daughters.

An excellent quality of life means safe neighborhoods. So, I propose giving law enforcement the tools to fight the menace of gangs: a spotlight program to focus on violent juveniles, a statewide database to track gang activity across Texas, and automatic jail time for juveniles who commit crimes with guns.

For safe streets, I urge you to crack down on drunk driving by lowering the blood alcohol legal limit to .08.

For quality neighborhoods, I urge you to crack down on the illegal gambling machines that are proliferating and polluting our communities.

And there is more to do to improve our business climate so Texans can support their families with high quality jobs.

I look forward to working with Senator Sibley and Representative Wolens on an electric deregulation proposal that will cut costs for consumers while making sure electricity is available and reliable.

Our tort reforms are working to lower insurance costs, but there is more to do. For example, businesses and agencies that make a good faith effort to make their systems Y2K compliant must not become targets for frivolous lawsuits. Our focus should be on fixing the problem, not profiting from it.

I will continue to be a strong advocate for free and fair trade with Mexico. NAFTA is good for Texas and good for Mexico. I will work with the federal government and the Texas Department of Transportation to improve infrastructure along our border.

I believe business and a healthy environment can coexist. I look forward to working with Senator Buster Brown and Representative Ray Allen on legislation to make our Texas air cleaner by significantly reducing emissions from older grandfathered plants. And, I propose that we continue to encourage private landowners to conserve land, plant trees, protect wildlife, and improve water quality.

Our Texas heritage is not only our land, but also buildings. And so, I urge you to restore our historic courthouses. They are beautiful works

of architecture that have been the heart of our Texas communities for generations.

And finally, we must unleash the hearts of Texas by encouraging people to help their neighbors in need.

We have made great progress in the last four years in helping people declare their independence from government. Thanks to the reforms you enacted, we have cut our welfare rolls nearly in half-by more than 340,000 people-to the lowest point in more than a decade.

But those who remain on welfare are some of the toughest cases who need clear signals and extra help. We must send this clear message: if you are able to work or train, you must work or train. And if you refuse to do either, if you refuse to help yourself, then Texas cannot help you.

For those who are working to win their independence, the state can do more to help. I propose increased child care funding for low-income mothers, transition benefits to help those moving from welfare to work, and second chance homes to help unwed teenage moms nurture their children in a safe and structured environment.

But government programs cannot solve all our problems. People of good will must help-what I call the little armies of compassion which are transforming our state one heart, one soul, and one conscience at a time.

One drill sergeant in the army of compassion is Tillie Burgin, or, as she's better known, the Mother Teresa of Arlington, Texas.

Tillie is a former missionary who came home and saw a need. She didn't call on government to see what someone else could do. She called on God to ask what she should do. The answer was, "Just go do it."

Tillie's mission has helped thousands of Texans with clothing, shelter, food, and free medical care. But Tillie needs your help to do even more. I urge you to expand on our faith-based reforms by passing a Good Samaritan bill to allow medical professionals to volunteer their service free from fear of frivolous lawsuits.

Tillie Burgin is here today. Tillie, thanks for all you do. We are honored you would join us.

Tillie is living proof of the importance of freeing people to put their faith in action. Recent court decisions have chipped away at the rock of religious freedom. I urge you to join Senators Sibley and Shapiro and Representatives Hochberg and Christian and support the Religious Freedom Restoration Act to say loud and clear: Texas will not stand for government interference with the free exercise of religion.

The next few months are the last time this great body will meet during this century. We have an opportunity to rise to the challenge and continue to make this state second to none, a place that is open, educated, and united in our diversity. Open, so every citizen knows with certainty that the Texas dream is available to him or her. Educated, so every child is given the key to realize that dream. And united in our diversity, so every Texan can find the common ground of Texas values that are larger than race or party.

I am optimistic we will succeed. History has shown that the things that set us apart individually have never been a match for the one thing

that unites us collectively: we are all, first and foremost, Texans. We share history, we share tradition, we share values, and we share a bright future.

We have 125 more days to go. The spotlight is on us. Let's show them the best of Texas.

CONCLUSION OF JOINT SESSION

Speaker Laney announced that the purpose for which the Joint Session was called having been completed, the House would stand At Ease pending the departure of its guests.

MEMORIAL RESOLUTIONS

SR 86 - by West: In memory of Gloria Rai Johnson White of Dallas.

SR 98 - by Barrientos: In memory of Dean W. Page Keeton of Austin.

WELCOME AND CONGRATULATORY RESOLUTIONS

SR 88 - by Brown: Congratulating Sharon Pamela Clark and Kevin Robert Peska.

SR 89 - by Brown: Congratulating Waverly Jefferson, Jr., of Angleton.

SR 90 - by Harris: Honoring the cities of Benbrook, Texas, and Bled, Slovenia.

SR 91 - by Ellis: Commending the participants in the Third Annual Chinese New Year Festival in Houston.

SR 93 - by Zaffirini: Welcoming the Alzheimer's Association Coalition of Texas to the Capitol.

SR 94 - by Zaffirini: Congratulating Lucia H. Jimenez of Laredo.

SR 95 - by Cain: Congratulating Dorothy and Charles Adams of Italy, Texas.

SR 96 - by Cain: Congratulating Nancy and Fred L. Bates of Ennis.

SR 97 - by Jackson: Congratulating the Reverend Benjamin H. Skyles of Pasadena.

ADJOURNMENT

Pursuant to a previously adopted motion, the Senate at 11:38 a.m. adjourned until 10:30 a.m. tomorrow.