Thursday, February 18, 1999



	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, Luna, Madla, Moncrief, Nelson, Nixon, Ogden, Ratliff, Shapiro, Shapleigh, Sibley, Truan, Wentworth, West, Whitmire, Zaffirini. The President announced that a quorum of the Senate was present. The Reverend Dr. Richard Plunk, Grace Community Assembly of God, Flower Mound, offered the invocation as follows: Most gracious heavenly Father, we invoke Your divine blessing on our activities in the Senate Chamber today. As a native son of the great State of Texas, what an honor this is to stand and ask You to be with us today for the agenda before us. We pray for families and comrades of fallen firefighters in Tarrant County. I would pray today, Father, for the leaders of our nation. May Your grace rest upon them for the good of our country. I would pray for Governor Bush, Lieutenant Governor Perry, and the legislative team gathered by the voters to lead our state. I pray that You would shine Your favor upon them, and may Your wisdom be theirs. Speak to their hearts loudly enough to be heard, but softly enough for them to know that it is You, Lord. We cry out for You to remind us of the integrity, honesty, and moral character that made Texas great throughout her history. I pray especially today for the state Senators assembled in this hall. We seek Your blessing upon them, enabling them to rise and follow a moral and righteous path in their deliberations and decisions, as they affect so many across Texas. As they consider our state business today, remind them once more of the millions who look to them to set a course for our state to follow. May that course be a godly one, following biblical ideals for the home, the school, and society. Today give these men and women Your wisdom and direction in all they do and say. May Your grace be theirs, and may it be amazing. In a day when so many are seeking their own agendas and offering their own perspective, give us one heart that beats for Texas, for today and for her future. May all our efforts and activities seek to build our state, our lives, and Your kingdom. 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. CO-AUTHORS OF SENATE BILL 1 On motion of Senator Bivins and by unanimous consent, Senators Armbrister, Cain, Fraser, Lindsay, Lucio, Luna, Moncrief, Nelson, Nixon, Shapiro, Shapleigh,



	Wentworth, and West will be shown as Co-authors of SB 1. CO-AUTHOR OF SENATE BILL 134 On motion of Senator Brown and by unanimous consent, Senator Ellis will be shown as Co-author of SB 134. CO-AUTHOR OF SENATE BILL 200 On motion of Senator Moncrief and by unanimous consent, Senator Zaffirini will be shown as Co-author of SB 200. CO-AUTHOR OF SENATE BILL 384 On motion of Senator Duncan and by unanimous consent, Senator Harris will be shown as Co-author of SB 384. CO-AUTHORS OF SENATE BILL 445 On motion of Senator Moncrief and by unanimous consent, Senators Bernsen, Ellis, Lucio, and Whitmire will be shown as Co-authors of SB 445. CO-AUTHOR OF SENATE BILL 456 On motion of Senator Madla and by unanimous consent, Senator Wentworth will be shown as Co-author of SB 456. CO-AUTHORS OF SENATE BILL 591 On motion of Senator Shapiro and by unanimous consent, Senators Armbrister, Bernsen, Carona, and Harris will be shown as Co-authors of SB 591. CO-AUTHORS OF SENATE BILL 592 On motion of Senator Shapiro and by unanimous consent, Senators Armbrister, Bernsen, Carona, and Harris will be shown as Co-authors of SB 592. CO-AUTHORS OF SENATE BILL 593 On motion of Senator Shapiro and by unanimous consent, Senators Armbrister, Bernsen, Carona, and Harris will be shown as Co-authors of SB 593. SENATE BILLS AND RESOLUTION ON FIRST READING The following bills and resolution were introduced, read first time, and referred to the committees indicated: SB 467 by Fraser Relating to the regulation of telecommunications utilities and to the provision of telecommunications and related services. To Committee on Economic Development. SB 550 by Lucio Relating to use of state hotel occupancy tax revenue to clean and maintain beaches in certain municipalities. To Committee on Intergovernmental Relations.



	SB 551 by Gallegos Relating to liability for the sale or delivery of alcoholic beverages to unauthorized persons by certain distributors or wholesalers. To Committee on Economic Development. SB 552 by Nelson Relating to the creation of the Council on Cardiovascular Disease and Stroke to develop a program to prevent cardiovascular disease and stroke. To Committee on Health Services. SB 553 by Gallegos Relating to the conditions of employment for fire fighters. To Committee on Intergovernmental Relations. SB 554 by Gallegos Relating to classification of the position of fire marshal in certain municipal fire departments. To Committee on Intergovernmental Relations. SB 555 by Ogden Relating to the award of state highway improvement contracts. To Subcommittee on Infrastructure. SB 556 by Nelson Relating to referrals to occupational therapists. To Committee on Health Services. SB 557 by Lucio, Haywood, Sibley Relating to the discovery of expert witnesses in a criminal trial. To Committee on Criminal Justice. SB 558 by Lucio Relating to training requirements for certain child-care providers. To Committee on Human Services. SB 559 by Lucio Relating to the punishment for the offense of injury to a child. To Committee on Criminal Justice. SB 560 by Sibley, Fraser Relating to the regulation of telecommunications utilities and the provision of telecommunications services. To Committee on Economic Development. SB 561 by Duncan Relating to the payment of amounts owing due to the use of certain state-issued credit cards. To Committee on State Affairs. SB 562 by Duncan Relating to student fees charged by Texas Tech University. To Subcommittee on Higher Education.



	SB 563 by Duncan Relating to the exemption of personal property from ad valorem taxation. To Committee on Finance. SB 564 by Duncan Relating to the regulation of barbers and cosmetologists under the Texas Board of Barber and Cosmetologist Examiners and the abolition of the State Board of Barber Examiners and the Texas Cosmetology Commission. To Committee on State Affairs. SB 565 by Jackson Relating to the creation of a sex offender compliance unit in the Texas Department of Public Safety. To Committee on Criminal Justice. SB 566 by Moncrief Relating to local public health services. To Committee on Health Services. SB 567 by Moncrief Relating to the penalty for disclosing a person's human immunodeficiency virus status. To Committee on Health Services. SB 568 by Cain Relating to municipal payroll deductions. To Committee on Intergovernmental Relations. SB 569 by Nelson Relating to certain mental health services provided under a health benefit plan. To Committee on Economic Development. SB 570 by Shapiro Relating to certain business documents filed and recorded with the secretary of state. To Committee on State Affairs. SB 571 by Shapiro Relating to judicial review of the secretary of state's refusal to register or renew a trademark or service mark. To Committee on State Affairs. SB 572 by Shapiro Relating to comprehensive coverage under certain health benefit plans for the diagnosis and treatment of infertility. To Committee on Economic Development. SCR 30 by Gallegos Naming the state building at 5425 Polk Avenue in Houston the Elias Ramirez Building. To Committee on Administration. GUEST PRESENTED Senator Brown was recognized and introduced to the Senate Congressman Tom DeLay of Sugar Land.



	The Senate welcomed Congressman DeLay. GUEST PRESENTED Senator Zaffirini was recognized and introduced to the Senate Congressman Henry Bonilla of San Antonio. The Senate welcomed Congressman Bonilla. (Senator Truan in Chair) RESOLUTION SIGNED The Presiding Officer announced the signing of the following enrolled resolution in the presence of the Senate: SCR 19. SENATE RESOLUTION 185 Senator Shapiro offered the following resolution: WHEREAS, The Senate of the State of Texas is proud to recognize Ebby Halliday for her many contributions to her community, the City of Dallas, and the State of Texas; and WHEREAS, A world-renowned realtor, Ebby Halliday founded her real estate agency in Dallas in 1945, and since that time Ebby Halliday Realtors has become one of the largest privately owned residential real estate firms; and WHEREAS, An excellent role model for women entrepreneurs, Ebby Halliday is still active in her business, which has grown to a 24-office operation; and WHEREAS, Ebby and her husband, the late Maurice Acers, were both awarded the Distinguished Service Award by the International Real Estate Federation at the Rome Congress in 1985; and WHEREAS, The recipient of almost every award the real estate world can bestow on her, Ebby Halliday won the Regional Entrepreneur of the Year Award, was inducted into the Texas Business Hall of Fame, and was inducted into the Texas Women's Hall of Fame by Governor George W. Bush; and WHEREAS, A dedicated member of her profession, Ebby Halliday was the first woman to be designated Texas Realtor of the Year by the Texas Association of Realtors and received the Master Entrepreneur of the Year Award in 1997; and WHEREAS, President of the ThanksGiving Square Foundation, Ebby Halliday serves on the Saint Paul Medical Foundation Board, the Board of the Communities Foundation of Texas, and the Dallas County Community College District Foundation; such an outstanding lady is truly deserving of legislative recognition; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 76th Legislature, hereby commend Ebby Halliday for her notable achievements; and, be it further RESOLVED, That a copy of this Resolution be prepared for her as an expression of the highest esteem of the Texas Senate. The resolution was read. On motion of Senator Nelson and by unanimous consent, the names of the Lieutenant Governor and Senators were added to the resolution as signers thereof.



	On motion of Senator Shapiro and by unanimous consent, the resolution was adopted by a viva voce vote. GUEST PRESENTED Senator Shapiro was recognized and introduced to the Senate Ebby Halliday of Dallas. The Senate welcomed Ms. Halliday. GUESTS PRESENTED Senator Armbrister was recognized and introduced to the Senate members of the Texas Municipal Retirement System: Gary W. Anderson, Executive Director; Eric Davis, Assistant Director; Ray Spivey, Governmental Relations Manager; Gaynor Kendall, Legal Counsel; Victoria LaFollett, Chair, Board of Trustees; Charles E. Windwehen, Vice-chair, Board of Trustees; Rick Menchaca, Board of Trustees; Stephen W. McCullough, Board of Trustees; Isaac Valencia, Board of Trustees; Pamela Laine, Assistant Director; Preston G. Craig, Assistant Director; and Scott Willrich, Assistant Director. The Senate welcomed its guests. SENATE RESOLUTION 235 Senator Nixon offered the following resolution: WHEREAS, The Senate of the State of Texas is pleased to recognize Stephen F. Austin State University on the occasion of its 75th anniversary and is proud to welcome the members of the university's Student Government Association on their visit to the Capitol; and WHEREAS, Stephen F. Austin State University was founded by the Texas Legislature in 1921 and opened its doors in Nacogdoches to its first students on September 18, 1923; and WHEREAS, The school began as a teacher's college with only 158 students, but following World War II the college enrollment dramatically increased with the return of veterans who used the educational opportunities afforded by the G.I. Bill; and WHEREAS, During the 1960s, the university underwent another period of rapid growth; it began attracting students from around the state and became a major statewide institution of higher learning for all Texans; and WHEREAS, Today, Stephen F. Austin State University offers unique student-oriented programs and enjoys substantial popularity within our state's university system, educating more than 12,500 students each term; and WHEREAS, The outstanding leaders of the university include such presidents as Alton William Birdwell, Dr. Paul Lewis Boynton, Dr. Ralph Wright Steen, Dr. William R. Johnson, Dr. Donald E. Bowen, and current president Dr. Dan Angel; and WHEREAS, The university focuses on responding to the needs of its changing student population and on using innovative techniques in preparing students for their vocations; its spectrum of subject matter and majors includes such programs as nursing, social work, criminal justice, agriculture, communications, and forestry; and



	WHEREAS, The Stephen F. Austin State University Student Government Association has proved to be a valuable asset to the institution; the association is an effective instrument through which students can express their needs, concerns, and suggestions to the faculty and staff; and WHEREAS, The 50-member Student Government Association is comprised of three branches: the legislative branch, consisting of the Student Senate and College Senators; the executive branch, consisting of Student Body Officers; and the judicial branch, consisting of the members of the Supreme Court; and WHEREAS, The faculty, administration, and members of the board of trustees of Stephen F. Austin State University are committed to providing the students of our state with a first-rate education, and their success is evident in the excellent reputation the university enjoys today; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 76th Legislature, hereby express congratulations to Stephen F. Austin State University on the occasion of its 75th anniversary and extend appreciation for its many contributions to higher education in our state; and, be it further RESOLVED, That a copy of this Resolution be prepared for Stephen F. Austin State University as an expression of esteem from the Texas Senate. NIXON NELSON The resolution was read. On motion of Senator Nelson and by unanimous consent, the names of the Lieutenant Governor and Senators were added to the resolution as signers thereof. On motion of Senator Nixon, the resolution was adopted by a viva voce vote. GUESTS PRESENTED Senator Nixon, joined by Senator Nelson, was recognized and introduced to the Senate a group of students from Stephen F. Austin State University in Nacogdoches. The Senate welcomed its guests. CAPITOL PHYSICIAN Senator Zaffirini was recognized and presented Dr. Leonides Cigarroa, Jr., of Laredo as the "Doctor for the Day." The Senate welcomed Dr. Cigarroa and thanked him for his participation in the "Capitol Physician" program sponsored by the Texas Academy of Family Physicians. GUESTS PRESENTED Senator Nelson was recognized and introduced to the Senate a delegation from Leadership Flower Mound. Senator Nelson was again recognized and introduced to the Senate a delegation from Leadership Farmers Branch. The Senate welcomed its guests.



	(President in Chair) GUESTS PRESENTED Senator Shapleigh was recognized and introduced to the Senate a group of sixth-grade students from Harold Wiggs Middle School in El Paso. The Senate welcomed its guests. SENATE RESOLUTION 233 Senator Barrientos offered the following resolution: WHEREAS, The Texas Senate takes pride in recognizing Texas Hearing and Service Dogs, Incorporated, for the excellent work that it does to assist people in need; and WHEREAS, A nonprofit organization, Texas Hearing and Service Dogs, Incorporated, accomplishes two primary objectives; it rescues unwanted dogs from shelters and provides hearing and service dogs at a nominal fee to citizens with hearing loss or other disabilities; and WHEREAS, The successful organization of this project is the work of Sheri Soltes Henderson, an Austin resident, who trains the dogs to perform complicated tasks using only positive reinforcement; and WHEREAS, Formerly a practicing attorney in Houston, Sheri created an organization in 1988 that is only one of 45 similar groups in the United States and the larger of two in Texas; and WHEREAS, Always in need of new funding, Texas Hearing and Service Dogs, Incorporated, will try, on February 20, 1999, to break the Guinness Book of World Records record for the number of dogs walked at one time; entrants will pay an entry fee and walk their leashed dogs on a specified three-mile course; the effort will take place in Austin; and WHEREAS, The success of Sheri's training method has persuaded the Austin Police Department to request her assistance with the training of their rescue dogs; success such as this is certainly worthy of legislative recognition; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 76th Legislature, hereby congratulate Sheri Henderson and Texas Hearing and Service Dogs, Incorporated, for their incalculable contributions to the citizens and the State of Texas; and, be it further RESOLVED, That a copy of this Resolution be prepared for the organization as an expression of the highest regard of the Texas Senate. The resolution was again read. The resolution was previously adopted on Wednesday, February 17, 1999. (Senator Wentworth in Chair) GUESTS PRESENTED Senator Barrientos was recognized and introduced to the Senate Sheri Soltes Henderson of Texas Hearing and Service Dogs, Incorporated, accompanied by Orbit, a trained hearing and service dog. The Senate welcomed its guests.



	(President in Chair) REPORT OF COMMITTEE ON NOMINATIONS Senator Wentworth submitted the following report from the Committee on Nominations: We, your Committee on Nominations, to which were referred the following appointments, have had same under consideration and report them back to the Senate with a recommendation that they be confirmed. Member, State Board of Education, District 6, and Chair, State Board of Education: Charles G. "Chase" Untermeyer, Harris County. Commissioner of Education: Michael Alton Moses, Ph.D., Travis County. Member, Texas Natural Resource Conservation Commission: Robert J. Huston, Travis County. Member, Public Safety Commission: M. Colleen McHugh, Nueces County. Director, Texas Department of Housing and Community Affairs: Daisy Amos Stiner, Williamson County. Justice, Court of Appeals, Third Court of Appeals District: Earl L. Yeakel III, Travis County. NOTICE OF CONSIDERATION OF NOMINATIONS Senator Wentworth gave notice that he would on Monday, February 22, 1999, at the conclusion of morning call submit to the Senate for consideration nominations to agencies, boards, and commissions of the state. CONCLUSION OF MORNING CALL The President at 10:33 a.m. announced the conclusion of morning call. SENATE RULE 2.02 SUSPENDED (Restrictions on Admission) On motion of Senator Armbrister and by unanimous consent, Senate Rule 2.02 was suspended to grant floor privileges to Senator Bivins' staff during the deliberation of CSSB 1. COMMITTEE SUBSTITUTE SENATE BILL 1 ON SECOND READING Senator Bivins moved that Senate Rule 7.13, Section 5, Article III of the Texas Constitution, and the regular order of business be suspended and that CSSB 1 be taken up for consideration at this time: CSSB 1, Relating to the promotion of public school students based on satisfactory performance on certain assessment instruments and to programs to assist students in achieving satisfactory performance. The motion prevailed by the following vote: Yeas 31, Nays 0. The bill was read second time.



	Senator West offered the following amendment to the bill: Floor Amendment No. 1 Amend CSSB 1 as follows: (1) On page 4, SECTION 7, strike lines 4-57 through 4-62 and substitute the following: (7) the number of students, aggregated by grade level, provided accelerated instruction under 28.0211(c), the results of assessments administered under that section, the number of students promoted through the grade placement committee process under Section 28.0211, the subject of the assessment instrument on which each student failed to perform satisfactorily, and the performance of those students in the school year following that promotion on the assessment instruments required under Section 39.023. (2) On page 2, line 2-12, insert the following as Subsections (i) and (j) and renumber the remaining Subsections accordingly: (i) The commissioner shall certify by no later than July 1 of each school year or as soon as practicable thereafter whether sufficient funds have been appropriated statewide for the purposes of this Section. A determination by the Commissioner is final and may not be appealed. For purposes of certification, the Commissioner shall not consider Foundation School Program Funds. (j) No more than 15% of the funds certified by the commissioner under subsection (i) may be spent on indirect costs. The commissioner shall evaluate the programs that fail to meet the standard of performance under 39.051(b)(7) and may implement sanctions under Subchapter G, Chapter 39. The commissioner may audit the expenditures of funds appropriated for purposes of this Section. The use of the funds appropriated for purposes of this Section will be verified as part of the district audit under Section 44.008. (3) On page 4, line 4-34, after "(b)" add "and (d)". (4) On page 4, line 4-69, after "adopts." insert the following: (d) Annually, the commissioner shall define exemplary, recognized, and unacceptable performance for each academic excellence indicator included under Subsections (b)(1) through (6) and shall project the standards for each of those levels of performance for succeeding years. For the indicator under Subsection (b)(7), the commissioner shall define exemplary, recognized, and unacceptable performance based upon student performance for the period of time covering both the current and prior academic years. (5) On page 1, line 1-60, after "report to" insert "commissioner and". (6) Amend Section 39.183, Texas Education Code by adding number (4) as follows: (4) an evaluation of accelerated instruction programs offered under Section 28.006, including an assessment of the quality of such programs and the performance of students enrolled in such programs. The amendment was read and was adopted by a viva voce vote. Senator Harris offered the following amendment to the bill:



	Floor Amendment No. 2 Amend CSSB 1 as follows: (1) On page 5, line 5-46 insert a new section 12 and renumber the existing section 12 and remaining sections accordingly: Section 12. Subsection (a), Section 38.003, Education Code, is amended to read as follows: Students enrolling in public schools in this state shall be tested for dyslexia and related disorders at appropriate times in accordance with a program approved by the State Board of Education. The Commissioner shall adopt a list of recommended instruments that may be used to screen students for dyslexia and related disorders. (2) On page 2, Lines 2-53 and 2-54, insert the following between the period on Line 2-53 and before "After" on Line 2-54: After a student fails to perform satisfactorily on an assessment instrument a first time, the school district shall screen a student for dyslexia and related disorders in accordance with Section 38.003 so long as the student has not been previously diagnosed as having dyslexia or a related disorder. If the student is diagnosed as having dyslexia or a related disorder, the student's parent or guardian shall be notified of the testing accommodations available for the assessment instrument. (3) On page 5, Line 5-50 insert a new section 13 and renumber the existing section 13 and remaining sections accordingly: The Commissioner will recommend to the 77th Legislature appropriate measures to accommodate students with learning disabilities, including dyslexia and related disorders, with respect to the requirements of Section 28.0211. The amendment was read and was adopted by a viva voce vote. Senator Nelson offered the following amendment to the bill: Floor Amendment No. 3 Amend CSSB 1 as follows: On page 2, line 60, insert the following between "teacher" and "of": "of the student, whenever practical, or a teacher". The amendment was read. On motion of Senator Nelson and by unanimous consent, Floor Amendment No. 3 was withdrawn. Senator Luna offered the following amendment to the bill: Floor Amendment No. 4 Amend SECTION 4 of CSSB 1, Section 28.0211, subsection (e) page 3, line 12 by deleting written and subsection (i) on page 3, line 54, replace remedial with accelerated. The amendment was read and was adopted by a viva voce vote. On motion of Senator Bivins and by unanimous consent, the caption was amended to conform to the body of the bill as amended. CSSB 1 as amended was passed to engrossment by a viva voce vote. COMMITTEE SUBSTITUTE SENATE BILL 1 ON THIRD READING



	Senator Bivins moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 30, Nays 1. Nays: Wentworth. CSSB 1 was read third time and was passed by the following vote: Yeas 31, Nays 0. RESOLUTIONS SIGNED The President announced the signing of the following enrolled resolutions in the presence of the Senate: HCR 28, HCR 56, HCR 84, HCR 86. SENATE RULE 11.10 SUSPENDED (Posting Rule) On motion of Senator Harris and by unanimous consent, Senate Rule 11.10 was suspended in order that the Committee on Administration might meet today. MESSAGE FROM THE HOUSE HOUSE CHAMBER Austin, Texas February 18, 1999 The Honorable President of the Senate Senate Chamber Austin, Texas Mr. President: I am directed by the House to inform the Senate that the House has taken the following action: THE HOUSE HAS PASSED THE FOLLOWING MEASURES: HCR 87, Commemorating the 100th anniversary of Tarleton State University. HCR 91, Celebrating the 60th birthday of Ray Stoker, Jr. Respectfully, /s/Sharon Carter, Chief Clerk House of Representatives CONGRATULATORY RESOLUTIONS SCR 31 - by Nelson: Congratulating Byron and Peggy Nelson for their meritorius community service. SCR 32 - by Duncan: Recognizing James Calvin Pigg for his outstanding contributions to the betterment of Texas agriculture. SR 244 - by Nelson: Congratulating the Duncanville High School Panthers football team. SR 245 - by Nelson: Congratulating the Grapevine High School Mustangs football team. SR 246 - by Nelson: Congratulating Captain Richard R. Bailey of Irving.



	SR 247 - by Nelson: Congratulating Students Against Destructive Decisions (SADD) from Irving and Nimitz high schools. SR 248 - by Nelson: Congratulating Leadership Farmers Branch and Youth Leadership Farmers Branch. SR 249 - by Duncan: Commending KLLL Radio Station in Lubbock. SR 261 - by Truan: Congratulating Rear Admiral Dennis R. Conley. HCR 67 - (West): Commemorating Law Enforcement Officer Recognition Week in Texas. HCR 91 - (Bernsen): Celebrating the 60th birthday of Ray Stoker, Jr. MISCELLANEOUS RESOLUTION SR 243 - by Nelson, Harris, Moncrief, Sibley, West: Proclaiming February 24, 1999, as Tarrant County Day. ADJOURNMENT On motion of Senator Truan, the Senate at 12:40 p.m. adjourned, in memory of Judge John D. Montgomery of Houston, until 1:30 p.m. Monday, February 22, 1999. APPENDIX COMMITTEE REPORTS The following committee reports were received by the Senate: February 18, 1999 EDUCATION - SB 81, SB 226, SB 260, SB 293 HEALTH SERVICES - SB 414, SB 61, SB 131 ELECTRIC UTILITY RESTRUCTURING - CSSB 86 ECONOMIC DEVELOPMENT - SB 85, SB 91, SB 92, SB 105 JURISPRUDENCE - SB 84, SB 112 (Amended), CSSB 118 NATURAL RESOURCES - SB 392, SB 115 INTERGOVERNMENTAL RELATIONS - SB 179, SB 181, SB 189, SB 336, SB 417 ECONOMIC DEVELOPMENT - CSSB 333 EDUCATION - CSSCR 20 CRIMINAL JUSTICE - SB 216, SB 217, SB 284 In Memory of John D. Montgomery



	Senator Lindsay offered the following resolution: (Senate Resolution 250) WHEREAS, The Senate of the State of Texas joins the citizens of Houston in mourning the loss of Judge John D. Montgomery, who died February 13, 1999, at the age of 51; and WHEREAS, Born on September 30, 1947, in Johnstown, Pennsylvania, he earned his undergraduate and law degrees from the University of Houston; and WHEREAS, Loyal and patriotic, John Montgomery proudly served his country as a member of the United States Air Force during the Vietnam War; he spent two tours of duty in Southeast Asia from 1966 through 1970, and he was in the Texas Air National Guard and the United States Air Force Reserve from 1978 through 1998, retiring from the United States Air Force Intelligence Agency as a major; and WHEREAS, Judge Montgomery was employed for some time as a writer, reporter, anchor, and news producer; and WHEREAS, Known as a brilliant lawyer, he was a practicing litigation attorney from 1978 to 1986; and WHEREAS, Elected Judge of the 309th District Court in 1986, Judge Montgomery was reelected in 1990, 1994, and 1998; in 1992, he was a nominee for the Texas Supreme Court; and WHEREAS, Most recently, Judge Montgomery presided over the court hearing of Olympic medalist Dominique Moceanu in her petition to be released from her parents' control; and WHEREAS, Lauded for his dedication to his profession, he had been an adjunct professor of law at the University of Houston Law Center since 1981 and at South Texas College of Law since 1985; and WHEREAS, Judge Montgomery was a faculty member of the American Bar Association Certified Southwestern Paralegal Institute since 1978 and a faculty member of the American Bar Association Family Law Advocacy Program since 1990; in addition, he was board certified in Family Law by the Texas Board of Legal Specialization; and WHEREAS, Active in other professional organizations, he was a member of the American, Texas, and Houston bar associations and the Gulf Coast Family Law Specialists; he was on the Board of Governors of the Center of Advanced Legal Studies, was past chair of the State Bar of Texas Public Affairs Committee, and was the author of many textbooks and legal articles; and WHEREAS, This renowned legal scholar was the recipient of the Worldwide Associated Press Managing Editors Association Citation; and WHEREAS, Judge Montgomery leaves behind a legacy of compassion and commitment that will remain cherished by all who shared his life; he will be greatly missed; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 76th Legislature,



	hereby extend sincere condolences to the members of his family: his wife, Patricia; his son, Justin; his father, Clinton H. Montgomery; and his brother, Jerry A. Montgomery; and, be it further RESOLVED, That a copy of this Resolution be prepared for the members of his family as an expression of deepest sympathy from the Texas Senate, and that when the Senate adjourns this day, it do so in memory of John D. Montgomery. The resolution was read. On motion of Senator Truan and by unanimous consent, the names of the Lieutenant Governor and Senators were added to the resolution as signers thereof. On motion of Senator Lindsay and by unanimous consent, the resolution was adopted by a rising vote of the Senate.