Monday, May 28, 2001

SENATE JOURNAL

EIGHTY-FOURTH DAY

Monday, May 28, 2001

PROCEEDINGS

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, Ogden, Shapiro, Sibley, Staples, Truan, Van de Putte, Wentworth, West, Whitmire, Zaffirini, Mr. President.

Absent-excused: Shapleigh.

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

Senate Doorkeeper Don Long offered the invocation as follows:

O God, our creator, sustainer, and redeemer, as we begin this last day of the Seventy-seventh Legislative Session we ask You to guide and strengthen every one in this chamber in all our endeavors. Keep us from the foolishness of a self-centered spirit. Let us not be deceived into a false reliance upon our own strength.

We thank You for the victories won in this session and we pray we have learned from the defeats.

Endue our Governor, our Lieutenant Governor, Speaker of the House, and these Senators with the courage and patience to continue to go forth in their duty to You and the peoples of this great State of Texas during the interim.

And in a few hours, when this body is adjourned sine die, may Your traveling grace descend in abundance on each Senator in order that they may arrive safely at their homes.

As the balm of Gilead soothed and sustained the wounded wayfarer, so we pray that Thy divine love may dwell amongst the dear ones of Tommy Haywood's family to cheer, to console, and strengthen them in their hour of sorrow and despair.

And on this Memorial Day we thank You for those who have made great sacrifices in defense of the freedoms we enjoy in this great country and especially those who gave their life's blood for our beloved land. Let us remember the immortal words of John McCrae:

In Flanders fields the poppies blow

Between the crosses, row on row,

That mark our place; and in the sky

77th Legislature — Regular Session 84th Day

The larks, still bravely singing, fly

Scarce heard amid the guns below.

We are the Dead. Short days ago

We lived, felt dawn, saw sunset glow,

Loved, and were loved, and now we lie

In Flanders fields.

Take up our quarrel with the foe:

To you from failing hands we throw

The torch; be yours to hold it high.

If ye break faith with us who die

We shall not sleep, though poppies grow

In Flanders fields.

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.

LEAVE OF ABSENCE

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

CONCLUSION OF MORNING CALL

The President at 10:08 a.m. announced the conclusion of morning call.

GUESTS PRESENTED

Senator Zaffirini was recognized and introduced to the Senate twelfth-grade students from the advanced placement Government class of Cigarroa High School in Laredo, accompanied by their teachers, Irma Mirales and Carlos Valdez.

The Senate welcomed its guests.

SENATE RESOLUTION 1269

Senator Lucio offered the following resolution:

WHEREAS, The Senate of the State of Texas is pleased to recognize Hilda Niño of Brownsville, who graduated from Rivera High School on May 27, 2001; and

WHEREAS, The daughter of migrant farm workers, Faustino and Martha Niño, Hilda is graduating in the top 10 percent of her class, with a class ranking of 20 out of a class of 280 students; and

WHEREAS, Hilda plans to attend Saint Edward's University in Austin; the recipient of a four-year scholarship from the College Assistance for Migrants Program, she intends to major in psychology and minor in social work; and

WHEREAS, Concerned with the welfare of others, Hilda has donated hundreds of hours to charitable endeavors; and

WHEREAS, Hilda has overcome many obstacles and challenges in life, including being legally blind, to become a fine young woman who has much to offer the world; and

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SENATE JOURNAL

WHEREAS, Hilda can face the future with full confidence that her accomplishments, learning skills, and acquired knowledge will stand her in good stead in whatever path she chooses; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby congratulate Hilda Niño on her graduation from Rivera High School and extend best wishes for success in her future endeavors; and, be it further

RESOLVED, That a copy of this Resolution be prepared for her as a memento of this important milestone in her life.

LUCIO LINDSAY

ARMBRISTER MADLA

BARRIENTOS MONCRIEF

BERNSEN NELSON

BIVINS OGDEN

BROWN SHAPIRO

CAIN SIBLEY

CARONA STAPLES

DUNCAN TRUAN

ELLIS VAN DE PUTTE

FRASER WENTWORTH

GALLEGOS WEST

HARRIS ZAFFIRINI

JACKSON PRESIDENT RATLIFF

The resolution was read and was adopted by a viva voce vote.

PHYSICIAN OF THE DAY

Senator Duncan was recognized and presented Dr. Larry Karrh of Plainview as the Physician of the Day.

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

SENATE RESOLUTION 1263

(Caucus Report)

Senator Truan offered the following resolution:

BE IT RESOLVED BY THE SENATE OF THE STATE OF TEXAS:

SECTION 1. CAUCUS REPORT. At a caucus held on May 28, 2001, and attended by 29 members of the senate, the caucus made the recommendations for the operation of the senate contained in this resolution.

SECTION 2. EMPLOYEES. (a)  The lieutenant governor may employ the employees necessary for the operation of the office of the lieutenant governor from the closing of this session and until the convening of the next session. The lieutenant governor and the secretary of the senate shall be furnished postage, telegraph, telephone, express, and all other expenses incident to their respective offices.

(b)  The secretary of the senate shall be retained during the interval between adjournment of this session and the convening of the next session of the legislature. The secretary of the senate may employ the employees necessary for the operation of

77th Legislature — Regular Session 84th Day

the senate and to perform duties as may be required in connection with the business of the state from the closing of this session and until the convening of the next session.

(c)  Each senator may employ secretarial and other office staff for the senator's office.

(d)  The chairman of the administration committee is authorized to retain a sufficient number of staff employees to conclude the work of the enrolling clerk, calendar clerk, journal clerk, and sergeant-at-arms. The administration committee shall establish the salaries for the senate staff.

SECTION 3. SENATE OFFICERS. (a)  The following elected officers of the 77th Legislature shall serve for the interval between adjournment of this session and the convening of the next session of the legislature:

(1)  Secretary of the Senate—Patsy Spaw;

(2)  Calendar Clerk—Pat Rodgers;

(3)  Doorkeeper—Don Long;

(4)  Enrolling Clerk—Mardi Alexander;

(5)  Journal Clerk—Dianne Arrington; and

(6)  Sergeant-at-Arms—Carleton Turner.

(b)  All employees and elected officers of the senate shall operate under the direct supervision of the secretary of the senate during the interim.

(c)  Officers named in this section serve at the will of the senate.

SECTION 4. DUTIES OF CHAIRMAN OF ADMINISTRATION COMMITTEE. (a)  The chairman of the administration committee shall place the senate chamber in order and purchase supplies and make all necessary repairs and improvements between the adjournment of this session and the convening of the next session of the legislature.

(b)  The chairman shall make an inventory of all furniture and fixtures in the senate chamber and in the private offices of the members, as well as of the supplies and equipment on hand in the purchasing and supply department and shall close the books for the Regular Session of the 77th Legislature.

(c)  The chairman shall not acquire any equipment on a rental/purchase plan unless the equipment is placed on the senate inventory at the termination of the plan.

(d)  The chairman shall examine records and accounts payable out of the contingent expense fund as necessary to approve all claims and accounts against the senate, and no claim or account shall be paid without the consent and approval of the chairman.

(e)  The chairman and any member of the administration committee shall be entitled to receive actual and necessary expenses incurred during the interim.

(f)  In addition to the duties of the administration committee expressly imposed by this resolution, the committee shall take actions necessary to ensure that the administrative operations of the senate comply with applicable law and are conducted effectively and efficiently.

SECTION 5. JOURNAL. (a)  The secretary of the senate shall have 325 volumes of the Senate Journal of the Regular Session of the 77th Legislature printed. Two hundred and fifty copies shall be bound in buckram and delivered to the secretary of the senate who shall forward one volume to each member of the senate, the lieutenant governor, and each member of the house of representatives on request.

(b)  The printing of the journals shall be done in accordance with the provisions of this resolution under the supervision of the chairman of the administration committee.

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The chairman shall refuse to receive or receipt for the journals until corrected and published in accordance with the preexisting law as finally approved by the chairman of the administration committee. When the accounts have been certified by the chairman of the administration committee, the accounts shall be paid out of the contingent expense fund of the 77th Legislature.

SECTION 6. PAYMENT OF SALARIES AND EXPENSES. (a)  Salaries and expenses authorized by this resolution shall be paid out of the per diem and contingent expense fund of the 77th Legislature as provided by this section.

(b)  The senate shall request the comptroller of public accounts to issue general revenue warrants for:

(1)  payment of the employees of the lieutenant governor's office, the lieutenant governor, members of the senate, employees of the senate committees, and employees of the senate, except as provided in Section 301.030, Government Code, upon presentation of the payroll account signed by the chairman of the administration committee and the secretary of the senate; and

(2)  the payment of materials, supplies, and expenses of the senate, including travel expenses for members and employees, upon vouchers signed by the chairman of the administration committee and the secretary of the senate.

SECTION 7. EXPENSE REIMBURSEMENT AND PER DIEM. (a)  In furtherance of the legislative duties and responsibilities of the senate, the administration committee shall charge to the individual member's office budget:

(1)  the reimbursement of all actual expenses incurred by the members when traveling in performance of legislative duties and responsibilities or incident to those duties; and

(2)  the payment of all other reasonable and necessary expenses for the operation of the office of the individual senator during any period the legislature is not in session. Expenditures for these services by the administration committee are authorized as an expense of the senate and shall not be restricted to Austin but may be incurred in individual senatorial districts. Such expenses shall be paid from funds appropriated for the use of the senate on vouchers approved by the chairman of the administration committee and the secretary of the senate in accordance with regulations governing such expenditures.

(b)  Each senator shall be permitted to employ secretarial and other office staff and for intrastate travel expenses for staff employees a payroll of $32,000.00 per month for chairs and $35,000.00 per month for non-chairs. Any unexpended portion of this amount may be carried forward from month to month until the end of the fiscal year. Other expenses, including travel expenses or other reasonable and necessary expenses incurred in the furtherance and performance of legislative duties or in operation of the member's office or incident thereto, shall be provided in addition to the maximum salary authorized.

(c)  The secretary of the senate may order reimbursement for legislative expenses consistent with this resolution and the establishment by the Texas Ethics Commission of per diem rates.

(d)  Any member of the senate and the lieutenant governor are eligible to receive such reimbursement on application of the member or the lieutenant governor to the secretary of the senate.

(e)  On the application of a member of the senate or the lieutenant governor, the applicant shall be entitled to reimbursement for legislative expenses for each legislative day.

77th Legislature — Regular Session 84th Day

(f)  For purposes of this section, a legislative day includes each day of a regular or special session of the legislature, including any day the legislature is not in session for a period of four consecutive days or less, and all days the legislature is not in session if the senator or lieutenant governor attends a meeting of a joint, special, or legislative committee as evidenced by the official record of the body, and each day, limited to 12 days per month for non-chairs or 16 days per month for chairs and the lieutenant governor, the senator or the lieutenant governor, including those living within a 50-mile radius, is otherwise engaged in legislative business as evidenced by claims submitted to the chairman of the administration committee.

SECTION 8. MEMBER'S EMPLOYEE LEAVE POLICY. (a)  An employee of a senator accrues vacation leave, compensatory leave, or sick leave in accordance with policies adopted by the senator consistent with the requirements of this section.

(b)  An employee may accrue vacation leave, compensatory leave, or sick leave only if the employee files a monthly time record with the senate human resources office. Time records are due not later than the 10th day of the following month.

(c)  Compensatory time must be used not later than the last day of the 12th month following the month in which the time was accrued.

(d)  An employee is not entitled to compensation for accrued but unused compensatory time.

SECTION 9. DESIGNATION FOR ATTENDANCE AT MEETINGS AND FUNCTIONS. (a)  The lieutenant governor may appoint any member of the senate, the secretary of the senate, or any other senate employee to attend meetings of the National Conference of State Legislatures and other similar meetings. Necessary and actual expenses are authorized upon the approval of the chairman of the administration committee and the secretary of the senate.

(b)  The lieutenant governor may designate a member of the senate to represent the senate at ceremonies and ceremonial functions. The necessary expenses of the senator and necessary staff for this purpose shall be paid pursuant to a budget approved by the administration committee.

SECTION 10. MEETINGS DURING INTERIM. (a)   Each of the standing committees and subcommittees of the senate of the 77th Legislature may continue to meet at such times and places during the interim as determined by such committees and subcommittees and to hold hearings, recommend legislation, and perform research on matters directed either by resolution, the lieutenant governor, or as determined by majority vote of each committee.

(b)  Each continuing committee and subcommittee shall continue to function under the rules adopted during the legislative session where applicable.

(c)  Expenses for the operation of these committees and subcommittees shall be paid pursuant to a budget prepared by each committee and approved by the administration committee.

(d)  The operating expenses of these committees shall be paid from the contingent expense fund of the senate, and committee members shall be reimbursed for their actual expenses incurred in carrying out the duties of the committees.

SECTION 11. SENATE OFFICES. Members not returning for the 78th Legislature shall vacate their senate offices by December 15, 2002.

SECTION 12. FURNISHING OF INFORMATION BY SENATE EMPLOYEE. An employee of the senate may not furnish any information to any person, firm, or corporation other than general information pertaining to the senate and routinely furnished to the public.

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SECTION 13. OUTSIDE EMPLOYMENT. An employee of the senate may not be employed by and receive compensation from any other person, firm, or corporation during the employee's senate employment without the permission of the employee's senate employer.

SECTION 14. REMOVAL OF SENATE PROPERTY. The secretary of the senate is specifically directed not to permit the removal of any of the property of the senate from the senate chamber or the rooms of the senate except as authorized by the chairman of the administration committee.

The resolution was read and was adopted by a viva voce vote.

SENATE RESOLUTION 1171

Senator Barrientos offered the following resolution:

WHEREAS, The Senate of the State of Texas is proud to recognize Charles Edward "Slick" Neal, who is retiring after 18 years of outstanding work for the Texas Senate; and

WHEREAS, Slick began his career with the Texas Senate on January 13, 1983, and is retiring on August 31, 2001; and

WHEREAS, For the last 18 years, Slick has handled his responsibilities at the Capitol with exceptional skill and dedication; and

WHEREAS, Devoted to the Capitol and to his work, Slick Neal has provided first-class maintenance of the Members' Lounge and has given eagerly of his time and energy to cleaning the lounge, serving food, and taking care of a wide variety of legislators' needs; and

WHEREAS, Slick enjoys a well-deserved reputation for dependability, high standards, and a friendly manner that has endeared him to the hearts of the senators he serves so well; and

WHEREAS, A graduate of Anderson High School, Slick Neal is a devoted family man, and throughout his career, he has enjoyed the love and support of his wife, Zelma Neal, and his daughters, Sidney Davis, Gwendolyn Whitley, and Deanda Wilson; and

WHEREAS, Slick Neal is an exemplary gentleman who is beloved and respected for his engaging personality, his loyalty, and his sense of humor, and his presence at the Capitol will be greatly missed; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby commend Charles Edward Neal for his invaluable contributions to the ambience of the Members' Lounge and the positive impact he has had on the lives of the legislators and extend to him best wishes for the retirement years ahead; and, be it further

RESOLVED, That a copy of this Resolution be prepared for him as an expression of appreciation and high regard from the Texas Senate.

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 Barrientos and by unanimous consent, the resolution was adopted by a rising vote of the Senate.

77th Legislature — Regular Session 84th Day

SENATE RESOLUTION 1172

Senator Barrientos offered the following resolution:

WHEREAS, The Senate of the State of Texas takes pride in recognizing Jimmie L. Gooden for his 18 years of excellent service in the Members' Lounge; and

WHEREAS, Known for his devotion to his career and to his family, Jimmie is married to Johnny Mae Gooden, and he and Johnny have been blessed with two daughters, Mary Davis and Linda Franklin; and

WHEREAS, Members of the Senate were delighted to learn that although Jimmie retired after last session, he had decided to return to his work in the Members' Lounge for the 77th legislative session; and

WHEREAS, It was a joy to have Jimmie once again as an employee in the Capitol, and as always, he provided the senators with first-rate service, taking care of the wide range of needs that arise for legislators in the midst of a session; and

WHEREAS, Beloved and respected for his loyalty, dedication, and dependability, Jimmie Gooden has been a positive asset to legislators during the 77th legislative session, and his return to the Capitol has been greatly appreciated; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby commend Jimmie L. Gooden on his many contributions to the senators and to the Members' Lounge and extend best wishes to him for the years ahead; and, be it further

RESOLVED, That a copy of this Resolution be prepared for him as an expression of gratitude and high regard from the Texas Senate.

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 Barrientos and by unanimous consent, the resolution was adopted by a rising vote of the Senate.

SENATE RESOLUTION 1227

Senator Lucio offered the following resolution:

WHEREAS, In the waning hours of the 77th Legislature, it should be acknowledged that Betty King has assembled an excellent central staff in whom she can take great pride, and among the most outstanding of these employees is Willis Littlefield of the Senate Copy Center; and

WHEREAS, Throughout his career in the Senate, Willis has consistently displayed the same loyalty to the members of this body as has his beloved mentor, Betty King; and

WHEREAS, Due to his hard work and dedication, the Copy Center is an asset to the entire Senate; a true team player, Willis has offered to work long, hard overtime hours to help those who need him; and

WHEREAS, Since he joined the Senate staff in 1971, Willis has cheerfully done whatever was required to get the job done; he has been known to leave a Bells of Joy performance in order to run his by now anthropomorphic machines, B. K. Boss and Big John; and

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WHEREAS, Few who know Willis have not been heartened by his exuberance and his abundant cheerfulness; he has truly earned the friendship and affection of his fellow Senate employees; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby commend Willis Littlefield for his superlative service to the Texas Senate and congratulate him on being the first administrative recipient of the Betty King Public Service Award; and, be it further

RESOLVED, That a copy of this Resolution be prepared for Willis as an expression of sincere gratitude for a job well done.

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 Lucio, the resolution was adopted by a rising vote of the Senate.

SENATE RESOLUTION 1228

Senator Lucio offered the following resolution:

WHEREAS, The Senate of the State of Texas is pleased to recognize an outstanding public servant, Vatra Grace Solomon, who personifies all that is best in public service; and

WHEREAS, Executive Assistant to Bill Ratliff for the past 13 years, Vatra has earned the respect of all who have had the privilege of working with her, both in the Capitol and in Senate District 1; and

WHEREAS, Vatra is widely regarded for her political astuteness, and her wise counsel is sought by Senators and staff members alike; her advice has been an invaluable asset to many during the 77th Legislature; and

WHEREAS, Her many friends in the Senate can attest to her wonderful sense of humor and her ability to tell a story in true East Texas style; and

WHEREAS, A role model for young people entering public service, Vatra has always displayed loyalty and dedication to Bill Ratliff and a love for the Senate and its traditions; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby congratulate Vatra Grace Solomon for being the first legislative recipient of the Betty King Public Service Award and commend her for her outstanding work in the Texas Senate; and, be it further

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

The resolution was read by President Ratliff.

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 Lucio, the resolution was adopted by a rising vote of the Senate.

77th Legislature — Regular Session 84th Day

BILLS SIGNED

The President announced the signing of the following enrolled bills in the presence of the Senate after the captions had been read:

SB 19, SB 22, SB 65, SB 139, SB 144, SB 161, SB 220, SB 280, SB 304, SB 333, SB 372, SB 382, SB 467, SB 512, SB 516, SB 533, SB 544, SB 555, SB 581, SB 688, SB 712, SB 975, SB 1100, SB 1224, SB 1245, SB 1299, SB 1411, SB 1444, SB 1472, SB 1596, SB 1690, SB 1773, SB 1778.

GUESTS PRESENTED

Senator Van de Putte was recognized and introduced to the Senate Girl Scout Troop 1263 of San Antonio, accompanied by leader Leslie Gartin.

The Senate welcomed its guests.

Senator Van de Putte was again recognized and introduced to the Senate students from Mark Twain Middle School in San Antonio, accompanied by their teacher, Barbara Valentino.

The Senate welcomed its guests.

SENATE RESOLUTION 1262

Senator Barrientos offered the following resolution:

WHEREAS, The Senate of the State of Texas is proud to recognize the Department of Public Safety troopers stationed at the Capitol who have served us so well and so faithfully during the 77th Legislature; and

WHEREAS, Their devotion to their duty has been exemplary, and they have discharged their duties with diligence and dedication to those whom they serve; and

WHEREAS, Throughout the session, they have been unfailingly courteous and helpful to legislators, their staffs, and Capitol visitors; and

WHEREAS, Their invaluable efforts have ensured a safe working environment for those who work at the Capitol; and

WHEREAS, An asset to the Texas Senate, the House of Representatives, and the Department of Public Safety of the State of Texas, they are truly worthy of legislative recognition; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby commend the Department of Public Safety troopers stationed at the Capitol for a job well done; and, be it further

RESOLVED, That a copy of this Resolution be prepared for the Capitol troopers as an expression of high regard from the Texas Senate.

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 Barrientos, the resolution was adopted by a viva voce vote.

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GUEST PRESENTED

Senator Barrientos was recognized and introduced to the Senate Rick Perez, representing the Department of Public Safety security officers in the Capitol and Capitol Extension.

The Senate welcomed Officer Perez.

SENATE RESOLUTION 1208

Senator Whitmire offered the following resolution:

WHEREAS, The Senate of the State of Texas takes pride in recognizing Denise Haywood for her outstanding work as Senator Tom Haywood's assistant throughout the 77th legislative session; and

WHEREAS, Committed to her father and to his career in state government, Denise Haywood is a model of tenacity, forthrightness, graciousness, and charm, and her decision to walk the halls of the Capitol beside her father has endeared her to the hearts of many and earned her the respect and admiration of the lawmakers of our state; and

WHEREAS, Senator Haywood was formerly a professor of physics and an executive director of the North Texas Oil and Gas Association; he has been a member of the Texas Senate since 1995, and his able leadership has proved to be a valuable asset to the legislature and to our state; and

WHEREAS, It is due to the thoughtfulness and devotion of his daughter that the legislature continues to benefit from Senator Haywood's wisdom and expertise, as she has become his right arm and steadfast supporter during his battle with Parkinson's disease; and

WHEREAS, Never far away from her father's side, Denise spends her days sorting through paperwork, taking notes, and assisting with a wide variety of her father's needs on the Senate floor; and

WHEREAS, A highly astute and remarkably resourceful individual, Denise is devoted to her family and has proved herself to be a capable and dedicated public servant who deserves recognition for her hard work, patience, and determination; and

WHEREAS, Denise's father is a true statesman who has represented his constituency with loyalty, and his daughter's help in carrying forth with his mission has been an invaluable contribution to the entire Senate body and to our state; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby pay tribute to Denise Haywood for her exceptional work on behalf of Senator Tom Haywood and her unique contributions to the Senate and to our state; and, be it further

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

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 Whitmire, the resolution was adopted by a viva voce vote.

77th Legislature — Regular Session 84th Day

SENATE RESOLUTION 1261

Senator Truan offered the following resolution:

WHEREAS, The Senate of the State of Texas takes pride in joining citizens across America in observing Memorial Day, on Monday, May 28, 2001; and

WHEREAS, On Memorial Day, we pay homage to those who lost their lives fighting for our nation, for it is due to their courage and sacrifice that today our nation is free and prosperous; and

WHEREAS, Those who died for their country in World War I, World War II, the Korean War, the Vietnam War, the Gulf War, and other conflicts have left behind legacies of courage and devotion for generations of American citizens, as well as memories that will be treasured forever in the hearts and minds of all who knew them; and

WHEREAS, This special day is an opportunity for Americans everywhere to express their heartfelt gratitude to the United States veterans, both living and dead, for the valor and dedication they have shown on behalf of our beloved country; today, there are over 1.5 million veterans living in Texas and deserving of our praise; and

WHEREAS, It is a grateful nation today that reflects upon our American heritage and recognizes the extreme sacrifices made by all who serve in the armed forces; and

WHEREAS, Memorial Day was originally called Decoration Day and was first observed on May 30, 1868, when flowers were placed on the graves of Union and Confederate soldiers; in 1968, Congress designated the last Monday in May as Memorial Day; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby express appreciation to all the brave men and women who have served our great country and honor the memory of those who made the supreme sacrifice.

The resolution was read.

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

On motion of Senator Truan and by unanimous consent, the resolution was adopted by a rising vote of the Senate.

GUESTS PRESENTED

Senator Truan was recognized and introduced to the Senate Martin Lewis Allday, Presiding Officer, State Cemetery Committee; Patrick Reilly, representing United States Marine Corps veterans; Gil Rodriguez, representing United States Navy veterans; John E. Stavast, representing United States Air Force veterans; and Ram Chavez, founder of the Veterans Band of Corpus Christi.

The Senate welcomed its guests.

MOMENT OF SILENCE OBSERVED

The Senate observed a moment of silence in honor of Memorial Day while "Taps" was played by Archie Montemayor.

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MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

May 28, 2001

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 323, Instructing the enrolling clerk of the house to make technical corrections in H.B. 2323.

HCR 324, Instructing the enrolling clerk of the house of representatives to make corrections in H.B. No. 3172.

HCR 326, Instructing the enrolling clerk of the house of representatives to make technical corrections in H.B. 2575.

HCR 327, Instructing the enrolling clerk of the house to make technical corrections in H.B. 1869.

HCR 328, Instructing the enrolling clerk of the house of representatives to make corrections to H.B. No. 3343.

HCR 329, Instructing the enrolling clerk of the house of representatives to make corrections in H.B. No. 3037.

HCR 330, Instructing the enrolling clerk of the house to make technical corrections in H.B. 2530.

Respectfully,

/s/Sharon Carter, Chief Clerk

House of Representatives

(Senator Armbrister in Chair)

SENATE CONCURRENT RESOLUTION 74

The Presiding Officer laid before the Senate the following resolution:

WHEREAS, House Bill No. 3152 has been adopted by the house of representatives and the senate and is being prepared for enrollment; and

WHEREAS, The bill contains a technical error that should be corrected; now, therefore, be it

RESOLVED by the 77th Legislature of the State of Texas, That the enrolling clerk of the house of representatives be instructed to correct House Bill No. 3152, in Subsection (d), Section 241.101, Health and Safety Code, as added by the

77th Legislature — Regular Session 84th Day

Senate Amendment by Brown, in the first sentence, by striking "Section 154" and substituting "Chapter 154".

BROWN

The resolution was read.

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

SENATE CONCURRENT RESOLUTION 76

The Presiding Officer laid before the Senate the following resolution:

WHEREAS, Senate Bill No. 2 has been adopted by the Texas Senate and the Texas House of Representatives and is being prepared for enrollment; and

WHEREAS, The bill contains technical errors that should be corrected; now, therefore, be it

RESOLVED by the 77th Legislature of the State of Texas, That the enrolling clerk of the senate be instructed to make technical corrections to Senate Bill No. 2 as follows:

(1)  In PART 5, ARTICLE 3 of the bill, add a new section to read as follows:

SECTION 3.0510.  CONFLICTS. If another bill relating to the Lost Pines Groundwater Conservation District is enacted by the 77th Legislature, Regular Session, 2001, and becomes law, then, to the extent of any conflict between that Act and this part, the provisions of that Act shall prevail.

(2)  In SECTION 10.08 of the bill, in the second sentence of Subsection (a) (Conference Committee Report page 228), strike "to permit a retail public utility to increase rates" and substitute "to permit a public utility to increase rates".

BROWN

The resolution was read.

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

SENATE CONCURRENT RESOLUTION 77

The Presiding Officer laid before the Senate the following resolution:

WHEREAS, Senate Bill No. 2 has been adopted by the house of representatives and the senate and is being prepared for enrollment; and

WHEREAS, The bill contains technical errors that should be corrected; now, therefore, be it

RESOLVED by the 77th Legislature of the State of Texas, That the enrolling clerk of the senate be instructed to correct Senate Bill No. 2 in SECTION 10.08 of the bill, by striking "Act" each time it occurs and substituting "article".

BROWN

The resolution was read.

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

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SENATE CONCURRENT RESOLUTION 75

The Presiding Officer, Senator Armbrister in Chair, laid before the Senate the following resolution:

WHEREAS, Senate Bill No. 310 has been adopted by the senate and the house of representatives and is being prepared for enrollment; and

WHEREAS, The bill contains technical errors that should be corrected; now, therefore, be it

RESOLVED by the 77th Legislature of the State of Texas, That the enrolling clerk of the senate be instructed to correct Senate Bill No. 310 as follows:

(1)  In SECTION 12 of the bill, amended Section 89.011, Natural Resources Code, strike Subsection (d).

(2)  In SECTION 12 of the bill, proposed Subsection (e), Section 89.011, Natural Resources Code, strike "(e)" and substitute "(d)".

(3)  In SECTION 77 of the bill, between Subsections (a) and (b), insert the following subsection and reletter the subsequent subsections accordingly:

(b)  The changes in law made by Section 89.011, Natural Resources Code, as amended by this Act, apply only to a well plugged on or after the effective date of this Act.

HARRIS

The resolution was read.

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

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

May 28, 2001

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 331, Instructing the enrolling clerk of the house of representatives to make corrections to H.B. No. 2912.

HCR 332, Instructing the enrolling clerk of the house of representatives to make corrections to H.B. No. 6.

HCR 333, Instructing the enrolling clerk of the house to make technical corrections in H.B. 2484.

HCR 334, Instructing the enrolling clerk of the house of representatives to make technical corrections in H.B. No. 1784.

77th Legislature — Regular Session 84th Day

SCR 71, Honoring the members of the State Preservation Board housekeeping staff for their dedication and hard work.

Respectfully,

/s/Sharon Carter, Chief Clerk

House of Representatives

HOUSE CONCURRENT RESOLUTION 309

The Presiding Officer laid before the Senate the following resolution:

HCR 309, Instructing the enrolling clerk of the house to make technical corrections in HB 1772.

HARRIS

The resolution was read.

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

SENATE CONCURRENT RESOLUTION 73

The Presiding Officer laid before the Senate the following resolution:

WHEREAS, Senate Bill No. 43 has passed the senate and the house of representatives and is being prepared for enrollment; and

WHEREAS, The bill contains a technical error that should be corrected; now, therefore, be it

RESOLVED by the 77th Legislature of the State of Texas, That the enrolling clerk of the senate be instructed to correct Senate Bill No. 43 as follows:

In SECTION 5 of the bill, in Section 32.053, Human Resources Code, as added by House Floor Amendment No. 1 (2nd Reading), strike "Texas Health Steps Comprehensive Care Program" and substitute "Texas Health Steps program".

ZAFFIRINI

The resolution was read.

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

HOUSE CONCURRENT RESOLUTION 294

The Presiding Officer laid before the Senate the following resolution:

HCR 294, Instructing the enrolling clerk of the house to make technical corrections to HB 217.

SIBLEY

The resolution was read.

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

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HOUSE CONCURRENT RESOLUTION 314

The Presiding Officer, Senator Armbrister in Chair, laid before the Senate the following resolution:

HCR 314, Instructing the enrolling clerk of the house to make technical corrections to HB 2744.

MADLA

The resolution was read.

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

HOUSE CONCURRENT RESOLUTION 316

The Presiding Officer laid before the Senate the following resolution:

HCR 316, Instructing the enrolling clerk of the house to make technical corrections in HB 3038.

NELSON

The resolution was read.

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

HOUSE CONCURRENT RESOLUTION 315

The Presiding Officer laid before the Senate the following resolution:

HCR 315, Instructing the enrolling clerk of the house to make a technical correction to HB 2040.

ZAFFIRINI

The resolution was read.

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

HOUSE CONCURRENT RESOLUTION 325

The Presiding Officer laid before the Senate the following resolution:

HCR 325, Instructing the enrolling clerk of the house to make a technical correction in HB 900.

WENTWORTH

The resolution was read.

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

77th Legislature — Regular Session 84th Day

HOUSE CONCURRENT RESOLUTION 320

The Presiding Officer laid before the Senate the following resolution:

HCR 320, Instructing the enrolling clerk of the house to make technical corrections to HB 247.

WENTWORTH

The resolution was read.

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

HOUSE CONCURRENT RESOLUTION 327

The Presiding Officer laid before the Senate the following resolution:

HCR 327, Instructing the enrolling clerk of the house to make technical corrections in HB 1869.

HARRIS

The resolution was read.

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

HOUSE CONCURRENT RESOLUTION 318

The Presiding Officer laid before the Senate the following resolution:

HCR 318, Instructing the enrolling clerk of the house to make technical corrections to HB 2735.

BERNSEN

The resolution was read.

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

HOUSE CONCURRENT RESOLUTION 326

The Presiding Officer, Senator Armbrister in Chair, laid before the Senate the following resolution:

HCR 326, Instructing the enrolling clerk of the house of representatives to make technical corrections in HB 2575.

SHAPIRO

The resolution was read.

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

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HOUSE CONCURRENT RESOLUTION 324

The Presiding Officer laid before the Senate the following resolution:

HCR 324, Instructing the enrolling clerk of the house of representatives to make corrections in HB 3172.

VAN DE PUTTE

The resolution was read.

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

HOUSE CONCURRENT RESOLUTION 323

The Presiding Officer laid before the Senate the following resolution:

HCR 323, Instructing the enrolling clerk of the house to make technical corrections in HB 2323.

SHAPLEIGH

The resolution was read.

On motion of Senator Van de Putte, on behalf of Senator Shapleigh, and by unanimous consent, the resolution was considered immediately and was adopted by a viva voce vote.

HOUSE CONCURRENT RESOLUTION 328

The Presiding Officer laid before the Senate the following resolution:

HCR 328, Instructing the enrolling clerk of the house of representatives to make corrections to HB 3343.

BIVINS

The resolution was read.

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

HOUSE CONCURRENT RESOLUTION 332

The Presiding Officer laid before the Senate the following resolution:

HCR 332, Instructing the enrolling clerk of the house of representatives to make corrections to HB 6.

BIVINS

The resolution was read.

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

77th Legislature — Regular Session 84th Day

HOUSE CONCURRENT RESOLUTION 329

The Presiding Officer laid before the Senate the following resolution:

HCR 329, Instructing the enrolling clerk of the house of representatives to make corrections in HB 3037.

STAPLES

The resolution was read.

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

HOUSE CONCURRENT RESOLUTION 334

The Presiding Officer laid before the Senate the following resolution:

HCR 334, Instructing the enrolling clerk of the house of representatives to make technical corrections in HB 1784.

OGDEN

The resolution was read.

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

HOUSE CONCURRENT RESOLUTION 331

The Presiding Officer laid before the Senate the following resolution:

HCR 331, Instructing the enrolling clerk of the house of representatives to make corrections to HB 2912.

HARRIS

The resolution was read.

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

HOUSE CONCURRENT RESOLUTION 333

The Presiding Officer laid before the Senate the following resolution:

HCR 333, Instructing the enrolling clerk of the house to make technical corrections in HB 2484.

BROWN

The resolution was read.

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

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HOUSE CONCURRENT RESOLUTION 330

The Presiding Officer laid before the Senate the following resolution:

HCR 330, Instructing the enrolling clerk of the house to make technical corrections in HB 2530.

ELLIS

The resolution was read.

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

(President in Chair)

RECESS

The President at 12:31 p.m. announced the Senate would stand recessed until 1:30 p.m. today.

AFTER RECESS

The Senate met at 1:30 p.m. and was called to order by the President.

BILLS AND RESOLUTIONS SIGNED

The President announced the signing of the following enrolled bills and resolutions in the presence of the Senate after the captions had been read:

HB 152, HB 154, HB 259, HB 393, HB 588, HB 660, HB 695, HB 757, HB 915, HB 981, HB 1323, HB 1763, HB 1831, HB 1862, HB 1925, HB 2005, HB 2061, HB 2146, HB 2164, HB 2204, HB 2404, HB 2421, HB 2432, HB 2572, HB 2585, HB 2600, HB 2684, HB 2787, HB 2809, HB 2879, HB 2890, HB 3195, HB 3244, HB 3305, HB 3348, HB 3572, HB 3578, HB 3665, HCR 121, HCR 206, HCR 232, HCR 308, HJR 82, HB 45, HB 266, HB 328, HB 553, HB 606, HB 658, HB 787, HB 1148, HB 1166, HB 1234, HB 1689, HB 1838, HB 1883, HB 1886, HB 1902, HB 1921, HB 2262, HB 2263, HB 2403, HB 2436, HB 2453, HB 2498, HB 2522, HB 2531, HB 2648, HB 2729, HB 2766, HB 2778, HB 2794, HB 2855, HB 2870, HB 3068, HB 3069, HB 3076, HB 3081, HB 3088, HB 3136, HB 3181, HB 3194, HB 3209, HB 3243, HB 3312, HB 3315, HB 3383, HB 3404, HB 3441, HB 3451, HB 3458, HB 3544, HB 3587, HB 3591, HB 3600, HB 3639, HB 3647, HB 3651, HB 3652, HB 3655, HB 3673, HB 3675, HB 3692, HB 3696, HB 3699, HCR 312, HJR 5, HJR 81, HJR 97, SB 2, SB 8, SB 11, SB 43, SB 45, SB 115, SB 173, SB 189, SB 248, SB 273, SB 292, SB 305, SB 309, SB 310, SB 311, SB 312, SB 317, SB 322, SB 342, SB 406, SB 409, SB 507, SB 510, SB 515, SB 527, SB 536, SB 730, SB 732, SB 749, SB 768, SB 826, SB 886, SB 896, SB 985, SB 1057, SB 1119, SB 1128, SB 1156, SB 1173, SB 1210, SB 1320, SB 1432, SB 1458, SB 1573, SB 1815, SB 1839, SCR 71.

ELECTION OF PRESIDENT PRO TEMPORE AD INTERIM

SEVENTY-SEVENTH LEGISLATURE

The President announced that the time had arrived for the election of President Pro Tempore Ad Interim of the 77th Legislature.

Senator Zaffirini placed in nomination the name of Senator Mike Moncrief of Fort Worth for the office of President Pro Tempore Ad Interim of the 77th Legislature.

77th Legislature — Regular Session 84th Day

On motion of Senator Truan and by unanimous consent, Senator Zaffirini's nominating speech was ordered reduced to writing and printed in the Senate Journal as follows:

Thank you Mr. President. Mr. President and Members, it is with great honor and with great pleasure that I rise to nominate a great Texan, a great Senator, to serve as our next President Pro Tempore, the Honorable Mike Moncrief from Tarrant County. Senator Moncrief, I know that you have looked forward to this day for so long. All of the Members of this body who have served as President Pro Tempore and who have served as Governor For a Day can tell you that it truly is a joy. It is a time to celebrate, not only with your colleagues, but especially with your family. Today, all of us who honor you are thinking back, wondering, how long have we known this man? How far has he come? What were the first things that we knew about him or heard about him? Senator Moncrief, I'm going to be frank with you; you know that I always am. The first thing that I heard about you was, he's very rich; that was true. The second thing that I heard about you was, he dresses very well, and that was true. And the third thing that I heard about you was, he has a beautiful wife, and that is true. In fact, Betty King asked me, have you met Rosie; she looks like a little Barbie doll. Rosie, you are beautiful but you are deep, an intelligent, warm, loving partner to a Senator who works so hard for so many people. Today, as I see you with Troy, with Julie, with Ross, and with Ashley and wish that the rest of your families could be with you today to share this very special day, then I know, Mike, that what you wish for your own children, for your own grandchildren, you wish for all the children of Texas.

Members, all of us who have worked with Mike Moncrief know that this session he has a position that he has coveted for long: Chair of the Senate Committee on Health and Human Services. Senator Ratliff, we thank you for appointing him to that position. It has given him a place from which to work and to address the issues that he cares about so deeply. We know Mike Moncrief today, not simply as a rich, well-dressed husband of a beautiful woman, we know him as a champion of those who cannot speak for themselves, who cannot fight for themselves. Think about it, when you think of Mike Moncrief today, what do you think of? Most of us are thinking, CHIP, the Children's Health Insurance Program. Senator Moncrief, when you passed that legislation last session, you did right for the children of Texas. Little did you know at the time, that that work that you did for CHIP last session would help us this session with Medicaid. When the powers that be realized the difference in the application and eligibility system and programs for CHIP compared to Medicaid, they understood the reason, and for that reason, Senator Moncrief, we have simplified Medicaid today, because of its comparison to CHIP and to your good work. But, Members, think back to 1993 when we were on 15th Street, where was Mike Moncrief then? He led the way to ensure all of those great reforms for private, for-profit psychiatric hospitals, remember that, Mike? People were being kidnaped off the streets and institutionalized. Do you remember the person who said that having that person's spouse committed was easier than ordering pizza for dinner? Do you

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remember that? And it was your great work that helped us succeed in 1993. Every session you have continued to address even more issues, but always focusing on those with disabilities, those with chronic illnesses, whether it's diabetes or a condition such as mental retardation, a mental illness. Senator Moncrief, you have been a champion of the people. For that reason, I am delighted that you will be second in line to be Governor of Texas. Every time, Governor Ratliff, that you are out of the state and that Rick Perry is out of the state, Mike Moncrief will be our Governor. I have a few proclamations that I'd like you to sign, should that occasion come about, and I know that you will be ready to do good work for the people of Texas. Senator Moncrief, you have excelled in your commitment, and I know that as a Senator you will continue to strive to excel for those who cannot fight for themselves, that you will seek success in their behalf and on their behalf, that you will meanwhile continue to find happiness with your own family and with your colleagues, and that you will not yield to any barrier to success. And if you do, then your actions will continue to be personified by those beautiful words by Alfred, Lord Tennyson, who wrote: "Though much is taken, much abides. That which we are, we are. When equal temper of heroic hearts, strong in will, to strive, to seek, to find, and not to yield." Senator Moncrief, I'm proud to nominate you to be President Pro Tempore of the Texas Senate. Thank you Mr. President and Members.

On motion of Senator Truan and by unanimous consent, the following remarks to second the nomination of Senator Moncrief were ordered reduced to writing and printed in the Senate Journal:

Senator Ogden: Mr. President and Members. It's a great honor for me today to rise to second the nomination of my friend Mike Moncrief. I've thought long about what I wanted to say in support of this nomination. When I first came to the legislature, I could hardly talk to him. We had some things in common. We were both men. We're Texans, and we made our livings, at least during a good part of our life, producing oil and gas. But after that, I was sort of at a loss for words when I first walked in here. But, like the old country song says, there's no road too wide that you can't meet in the middle, and let me tell you how I've learned how to meet Mike Moncrief in the middle, and why. The first thing that comes to mind when I think of Mike is his compassion. And you see that in many different ways here on the floor. If you go to the computer or you sit here and listen to the legislation that he carries, it is always about someone that could be abused, to help the mentally challenged, help children, help women. When he stands to speak on this floor, it's never about himself, and it's never about any powerful economic interest. When Mike Moncrief stands to speak, it is always about an issue that has an element of compassion in it. You can see it in how he worries about our colleague, Tom Haywood. I think there is no Senator that spends more of his time and makes more of an effort to make sure that our colleague, Tom Haywood, is able to serve as a Senator, is able to function, and doesn't get hurt. Mike's always there with him. You know, Members, if you, and you know this, if you got up and picked up the phone and you said, Mike Moncrief, I need help, you know for a fact, that he would put down that phone and he would come as fast as he could and not even ask you what kind of help you needed. I think Mike is very conscientious. You know he works hard and he carries a lot of water on this floor, but the one thing that I would repeat again is, he is not carrying water for the Austin lobby. He's carrying water for people that he really

77th Legislature — Regular Session 84th Day

cares about, who look to him because there is no one else to look to in many cases. He's also conscientious on the Administration Committee that Senator Cain chairs. It's interesting how many times that we agree, not because we were discussing the philosophy of the bill, but because he, too, was committed to preserving the integrity of the process, to make sure that bills that went through that committee were truly local and uncontested. So, I would imagine that on almost every vote, 80 to 90 percent of the time, Mike Moncrief and I shared the exact same philosophy: to protect the integrity of this process we're going to vote this bill to the floor. I think that leads into my next point, Mike is a honest man. I just mentioned how hard he worked for us to protect the integrity of the process on the Administration Committee, but we all know that you're not ever confused about his motives; they're straightforward. If you ask him a tough question, he will not evade it, he will tell you the truth. I know for a fact that Mike Moncrief is a man of his word. He gives you his word and you can forget about it. Mike loves his family, you know that. He has two sons, Mitch and Troy. He has four grandchildren. They call him Big Daddy, or just Big for short, and we all know that he loves Rosie. He truly loves Rosie and you can tell a lot about a man by the way he treats his wife. So, I'm proud to stand to second the nomination of Senator Mike Moncrief to be President Pro Tem, because he's genuine, what you see is what you get. I truly respect him. He is compassionate, he's conscientious, he's honest, he loves his family, and he loves this state.

Senator Brown: Thank you Mr. President. I, too, rise to second the nomination of Senator Mike Moncrief for the President Pro Tem position. As Senator Zaffirini was asking us to stop and think when we hear the name Moncrief, what do we think? While my mind didn't go as deeply as yours did, Judy, I thought about what he said when he missed that four-foot putt the other day. And when asked what he said, I could only say it was appropriate for the occasion. Senator Moncrief has done an outstanding job this session as chairman of the committee. He continues, I think, a family tradition of public service for the people of Fort Worth and the Tarrant County area. He served as a state Representative, as a County Judge, he comes to this body carrying that same kind of commitment. I know that on the issues, when I had the occasion to serve with Senator Moncrief on one particular meeting in Houston—I think the subject was related to the battered women shelters and that subject area—you didn't have to listen to what he said, you could look at Senator Moncrief and know how he felt about those issues and how deeply he was committed to trying to make the system work better for those who were being abused. And I think he carries that same kind of commitment through to the issues he has worked on this session. I was going to say, following what Senator Ogden said, that I truly admire him because we have a lot in common. He's honest, trustworthy, and means what he says. And I feel that way very strongly, Senator, when you give your word, you keep it. You love the Texas Senate. You carry yourself in a way that the Senate can be proud, and I know that you always do things with dignity and with class, and I appreciate you for that. I'm proud to second your nomination.

Senator Whitmire: Mr. President and Members. I rise to second the nomination for Mike Moncrief as President Pro Tem, or, as Jane told me, Pro Tempore. She wants me to do it right. The thing that stands out in my mind, Mike, is that, and it's so fascinating, all 31 of us bring such different experiences and opportunities, but what stands out in my mind is, probably, more than most of us, you could be doing anything you want to

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do. You're fortunate to have the resources and the family support that you could be making a contribution, or enjoying life as an ambassador or CEO, or be in a resort. The neat thing is that you've chosen, and you know how fortunate you are, you've chosen to repay back the good fortune, and you've done it time after time on the Senate floor, as County Judge, as state Representative. You've helped each of us, but, like I said, you could, literally, be doing whatever you want to do in life, but you're repaying back society because you've been fortunate, mental health issues, but the one that really stands out in my mind, because I've seen it time after time, is the criminal justice issues. You've had the courage to work in the committee, and on the floor, and not always go along to get along. We have to make tough decisions in criminal justice sometimes, not to do what seems popular at the moment, with, perhaps, crime victims groups or families that come before us. So, you've sat there, and I've watched you ask the tough questions and make the tough decisions. I have a religion, or a belief, philosophy, that we're going to be judged and the judgment is going to be based on your balance sheet, the balance sheet of what you've done for others, maybe some hurts you've caused. On balance, at the end of the day, when it's all said and done, when we're going to be judged for that final decision, you better have a whole bunch more positives than negatives. Mike, you stand in great shape someday on judgment, because you have done so many positive things for others and your balance sheet is in good shape.

Senator Barrientos: Mr. President, Members. I rise to second the nomination of Senator Mike Moncrief for President Pro Tempore of the Texas Senate. And, first of all, I would like to say, thank you, Mike, my friend, thank you for the work that has been mentioned on health and human services this session. You know, I took a moment this morning to look over a list of some of the bills being sent to the Governor that bear your name, Senator. One doesn't need to look very hard to see that you have been determined to help the state's most vulnerable populations, the very young and the not-so-young, persons with disabilities, persons with low incomes. For instance, your bill, Senate Bill 332, will make it easier for doctors to dispense medication at no cost to indigent patients. Your Senate Bill 140 will make it less likely that a parent with a history of abusing or neglecting their child will be named the child's sole managing conservator. These are good bills, Senator. And they're just a small sample of what you were able to do this session. Senator Moncrief, I understand that the Senate Media staff has had a little fun with you in their biennial production. Well, I think your record proves that you're still a pretty nice guy, no matter what anyone says, no matter what you thought of my child safety zone bill. I applaud what you have done and tried to do on behalf of the infirm, the aged, and the less fortunate. I look forward to working with you in the future. Senator, I think you'll make a fine President Pro Tempore. And, Members, I suspect that we're all going to be receiving a better education about that fine Texas city of Fort Worth during the interim. Thank you, Senator.

Senator Armbrister: Thank you Mr. President. Members, I, too, rise to second the nomination of our colleague Mike Moncrief. As many of you have related his accomplishments in the legislature, my primary focus in seconding his nomination is realizing an incident that happened a couple of years ago. We were in the middle of a legislative session, as we do with each other in the closeness that we all have, the Moncriefs, the Montfords, the Haleys, and my wife and I snuck off. We got through early on a Thursday, and we flew up to Utah for a ski trip. I had no idea what a black diamond was, a blue diamond, a green diamond; it just looked like a hill and snow. For

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those of you who ski, you understand that the black diamonds are those real steep, scary slopes. I was doing pretty good on that little thing they kept referring to as the bunny hill, but Moncrief decides, no, you can do this, you're athletic, you just follow me. And as we started down that hill, it became real evident that I didn't know how to stop, and he was trying to show me, and in the resultant, one ski going to the left, one ski going to the right, the whole back side of my ski pants blew out. Right then and there, I knew the type of man Moncrief was. He took off his ski jacket and said, wrap this around you. He literally gave me the jacket off his back. Mike, I, for one, having a mother in a nursing home and realizing that each day, as we talked earlier about the rejuvenation of family that we observed earlier with the resolution, knowing that she is, through your work, she does have a quality of life that, at 87 years old and in her condition, I can feel comfortable in the quality of care, the standard of care that she is getting. Having, of course, joining Senator Shapiro this session, becoming grandparents for the first time, realizing that your work in previous sessions to ensure the health of that new grandbaby in her life, and in Florence's case, his life, what that will mean, I do rise to second your nomination, not only as a friend, but with great respect for your ability. But one more story I would tell. Either last year or the year before last, when the City of Fort Worth was devastated by severe weather and tornadoes, I happened to be up in the Collin County area visiting my son and daughter-in-law and there was a picture, not in the Fort Worth Star-Telegram, but one of the local publications, of the devastation that took place in downtown Fort Worth. Many of us at times could be held guilty of going out for a photo op, but this picture was of Mike Moncrief in a pair of jeans, one still tucked in the boot, his sleeves were rolled up, and he had a shovel, with five or six other fellows, trying to dig out and help either victims or just help a shop owner clean up their place of business, and you could tell he had been there a good long time by the photograph. He's not afraid to become involved, not just from a visual point of view, but actively in view of all of these issues, and not just here in Austin, but in your community, and, Mike, I second your and Rosie's nomination as President Pro Tempore.

Senator Ellis: Mr. President and Members. I, too, rise to second the nomination of Senator Mike Moncrief as President Pro Tempore of the Texas Senate. I did get to the Senate a couple of months, maybe about eight or nine months, before your class came in, and, Mike, one of the first things that struck me about you, as Senator Zaffirini made reference to, is the fact that you are rich, and I've always admired rich people. I represent a number of them very well. It also struck me that you, once I found out that you were rich, I noticed when you first got here, you had this gray spot in the back of your head. Now, some of us are sensitive, those of us who came in with Afros and are now balding, are not as proud of certain parts of our heads, that maybe aren't the way they were when we came, now that gray spot has gone because you have gray in the front of your head as well. Mike, I was impressed that first session with the caliber of people who worked for you, knowing that they didn't get a lot of pay, but you have always had a very top-notch group of people that you've attracted to work on your Senate staff even before you were chairman. I know because I've stolen a couple of them to work for me as well. The fact that you're rich stood out, but in my mind more than anything else, the fact that you and Rosie over the years have shared your wealth, your personal wealth, with people, has meant a lot to me, and the fact that you've done everything you can to share the taxpayers' wealth with a lot of people as well. In fact, this session, time and time again, when I felt, being Finance Chair, knowing that the

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Presiding Officer was looking over my shoulder, and I would be expected to try and do a little "Soul Train" budgeting, you'd always come in with another important program to help people who normally don't have someone speaking for them all the time. I remember your stalking bill. Because of a personal experience in your life, in your first session, you took that issue on with passion, with zeal, and stalked Members of the Senate and Members of the House until that bill passed. I've been very impressed, Mike Moncrief, with the fact that over the years, I've grown to know you and respect you, and now when I think of Mike Moncrief, I don't just think about the fact that you're rich, I think about the fact that you're rich when it comes to your compassion, you're rich when it comes to your commitment, and you're rich when it comes to your concern for people who have the least among us. I proudly second your nomination.

Senator Harris: Senator Moncrief. You and I have both coursed from the same county and I doubt that the other Members of this body really realize that it has taken up until probably the mid-to-late 60s before Tarrant County really came out of its true cowboy, hell's half acre mentality. Of course, you were raised in that, I was raised in that. You and I did not know each other well in those early years, or in your early years of service as County Judge, I knew enough of you to know that today you're a totally different personality, there's a totally different drive, totally different commitments since you were elected to the Senate. And much of that I attribute to Rosie, because I really think that Rosie helped you find your way and find your true course in life and your true beliefs. I'll never forget the psychiatric hearings, having to sit and referee you and Lady Z, month after month, hearing after hearing. Probably one of the most important things that came out of those hearings, you would let people go on and talk and talk and talk for hours, the same person, and, at first, in all candor, I resented that. But then I finally began to realize that these were people who had genuine problems, and their biggest problem was that no one had ever listened. They had never gotten to tell their story. They had never gotten to express their concern, and it was amazing how many of them, after those hearings, and after their being able to have their voice heard, were much better for it and became productive human beings again. You and I have been on the same side on many issues, we've been on the opposite side of a few issues, but the one thing is, Mike, there's never any question of your commitment. There's no question of your loyalty to the people that you have chosen to champion. There's no question of your love and your commitment to your family. Mike, you're a very, very tenderhearted person, that's not the right word, but you have a very unique softness about you. I went through it and Rodney went through it, and particularly with you being the interim President Pro Tem, I would envision that you will have to do multiple executions in this state. Mike, I think that, in all candor, that's going to be one of the hardest things that you will ever have to do, and there's no way to prepare you for it. You and I talked about it earlier; I said, you could either leave it to staff or you can take the 38 to 45 minutes to do it yourself as I chose to do, and as Rodney chose to do, in the cases. That is the one thing about your duties, my friend, that I regret that you will have to go through. Again, it's an honor to second your nomination.

Senator West: Mr. President. I also rise to second the nomination of my friend Mike Moncrief. You know, the size of this body enables us to get to know one another a little better than our colleagues in the House, just by virtue of the sheer number of us that are here. I hail from North Central Texas, county in proximity to the great County of Tarrant, where Mike has lived, Rosie has lived, Troy and the kids have lived for,

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needless to say, a long, long time. Members, I've known Mike Moncrief ever since I was a student at The University of Texas at Arlington, Chris, when I was president of the student body of UTA, Mike was involved in politics way back then. I met him through the Junior Chamber of Commerce when he was attempting to organize young people back then to get involved in commerce in the great State of Texas. I can't say that we were friends, per se, but I can say that I watched his career, not only as an entrepreneur, but also as a state Representative and also as County Judge of Tarrant County, and I can tell you what you see here today, Senator Ogden, is what he was doing when he served in those particular capacities, bringing people together, making sure that the least of us, Senator Zaffirini, had a voice. They didn't have lobbyists; Mike Moncrief was, in fact, their lobbyist. I can tell you that when I was elected as a state Senator, I didn't have anyone that I could just kind of point to and say, okay, what do I need to do now that I've been elected state Senator? Mike Moncrief picked up the telephone, called and said, Royce, when do you want to meet? You remember that, Mike, and we met at a restaurant, and he began to give me some advice on preparing my staff, putting together the staff, and preparing for session. But, I would say that the moment that I can really look back on, Mike, in terms of recognizing some of the things that, Members, you've said concerning Mike, his commitment, his integrity, sense of family, sense of fairness, came about when, I guess, Mike and I were stuck in Lubbock, Texas. Governor Bullock had appointed Mike to head up an interim study on domestic violence, I think it was, and you're right, Chris, we stayed there until the very last person said every thing that he or she wanted to say. Mike recognized that even though there was bad weather coming, did not shut down the hearing; we stayed there until that last witness said everything that he or she wanted to say. When I begin to look at the Senate and recognize that there's always some common denominator that holds us together and pulls us together. When we start talking about health in the Senate, who do we look to, not only health and human services, but I'm talking about our physical health? Mike Moncrief. Of all of us, Senator Shapiro and, Ellis, you used to go to the Mecca, you don't go there anymore, but for all of us, David, that started to have some regimen concerning training, we know that Mike Moncrief was there bench-pressing, how many, a thousand pounds, or what was it? But, needless to say, we know that Mike Moncrief has a regimen that all of us should look towards in terms of making sure we take care of our temple. The commitment, Mike, that you've shown to the elderly and to our youth, has been talked about on this floor and probably will continue to be talked about on this floor. I can say that I am proud to serve with you in the state Senate. I think that Senator Harris has said that you will be called upon to make tough decisions, but one thing that I know, when you get ready to make decisions, that lady sitting to your left will be your best counselor, best advisor. So, I am proud, my friend, to stand on the floor of the state Senate and second your nomination.

Senator Cain: Mr. President, thank you very much. I, too, rise with my colleagues to second the nomination, very proudly, of Mike Moncrief for President Pro Tempore, Senator Zaffirini, of the Senate. I can't help, Senator West and Senator Harris, to kind of remember it was only a few years ago in our lifetimes when Mr. Fort Worth, Mr. Amon Carter, used to carry his sack lunch over, when he would have to go, on the rare occasion, because he detested to come there, to Dallas, because he didn't want to spend any money when he got there, and here just a few years later, Senator West, you and I are here seconding the nomination of our friend from Tarrant County as President

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Pro Tem. I've known you a long time and have worked with you in many different capacities but I took the opportunity this morning to get a copy of your résumé and look over it, and I'm not going to do all eight pages, single-spaced, but suffice it to say, there's some stuff that even I didn't know was there. I know, Rosie, you knew all of that. But it's a testament to your work ethic and what you've done. Mike Moncrief, to be chosen to serve by your peers as President Pro Tem of the Senate is a high honor, indeed. Our last two Presidents Pro Tem have shown us that, and they've shown that the duties and the responsibilities of that office are very significant, and they've done so with honor to our state and to the Senate. Senator Moncrief, I think you are someone who, in your career, in public and private life, has shown yourself worthy of this great honor. A wise man said, and I believe it to be so, a man is what he believes. Mike Moncrief, you're a Texan and you believe in the people of Texas. As a state Representative, as a County Judge, as state Senator there is no question that you believe in our business community, but more importantly, you passionately believe in making sure that the vulnerable groups in our society, our children, our elderly, our mentally ill, our crime victims, our medically disadvantaged, all Texans, have a voice in this process, and you've been that voice, and I know that you'll continue to be. It's all been said today about you being the dedicated and loving family man that you are, and we all know that, so I'm not going to dwell on that particularly, but I know that if you're elected, and I know that you will be today, as President Pro Tem, you will continue to work hard with the same loyalty, honor, and passion that you've given this state, and I second your nomination.

Senator Haywood: Mike, I want to rise to speak about Mike Moncrief the person, and not Mike Moncrief the legislator. As you know, I do not make many speeches like this on the floor of the Senate, but, Mike, I just want you to know you are my friend. Whether I am a conservative or a liberal doesn't really matter, you are my friend. So, I want to say thank you publicly for all that you have done to make life easier for me and thank you, Mike Moncrief, the person, as separate from Mike Moncrief, the legislator. Mike, thank you so very, very much for what you've done for me, thank you. I am proud to second Mike Moncrief's nomination, fellow Senators.

Senator Carona: Mr. Chairman, as your Vice-chairman, when I think about you I think of two words. First, that you're thoughtful. You know I've suffered in the last couple of years a little illness and a little hospital time, and the first person to call was Mike Moncrief, and not just once, but several times, to check on my progress. Through losses we've had in our family, and it seems like we've had a string of them, it's always Mike Moncrief who sends that card or sends that plant, and always thinking about his colleagues, each and every one of us, and, I'd like to think, always thinking about his friends, and, Mike, you're my friend. But also I think about kindness, because he's not just a thoughtful man, he's a kind man. I'll share with you a brief story and in the true spirit of being his Vice-chairman, always in a hurry to finish things, I'll be brief. This is a story of a bill we heard in Health and Human Services this year. It was a bill, I think it was Senator West's bill, in fact, but it was a bill that would provide additional benefits to grandparents who were taking care of their children, who found themselves having to raise their grandchildren, and would have allowed for additional benefits. And we had an elderly couple down at the end of the table testifying, a man and a woman, I think, in fact, that they came from Garland, my district, and they were talking about what a struggle, truly a struggle, it was to raise those grandchildren, and how

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Senator West's bill would help them tremendously with some additional benefits. I remember the grandmother saying, I really, at times, I love these grandchildren dearly, but at times I don't know how in the world we're going to make it. And Senator Moncrief looked down that long table, and he said, you know, I have grandchildren, too, and at times I feel the same way. Now, to know Mike Moncrief is to know that the struggles that those two families faced are certainly entirely different, but he felt the compassion of that couple as they were there, and they were talking to us and sharing, he wasn't just listening, he was truly empathetic, he understood what they were saying, and he wanted to find a cure for their situation. A very kind heart, only a kind heart could feel that way, and, Mike, I will tell you as I've tried to say to you several times throughout the session, I don't think we could have had, this session, a better person to fill the duties that you filled in that committee because we dealt with some important issues that you truly care deeply about. The rest of us tried to learn the issues, some of us knew the issues better than others, but I don't think anyone on the committee had the depth of caring about those issues that you did. So, as your Vice-chairman, I want you to know how proud I am to have served under you this session and how I'm proud to stand today to second the nomination for President Pro Tem of the Texas Senate.

Senator Duncan: Thank you Mr. President. Members, I've spent a lot of time locked in a room with Mike Moncrief this session, and we have, I think, come at a tough issue this session from two different directions, and I have learned a lot about Mike. I have learned that he, as I knew coming into this body two sessions ago, that he's a man of principle; he's a man that believes in what he's doing; he's a man that cares about the people that he's working for; and he will not yield from any principle that is important to him. I really respect that, I respect that in the fact that I know when he's coming at an issue, he's coming at it from the heart and not from any other side, from any other influence. He believes in truly what he is advocating for. I'll never sell him on a cap. He does not believe in caps. The only cap I can ever give him is something like this, but I'll have a cap with "Positively Lubbock" or "Lubbock or Leave It" or something like that, Mike. But I know that your work this session has been very significant in many areas, and especially in the area of nursing homes and care for the elderly. Without your persistence, without your willingness to stick with an issue when it looked like it was dead many times, it ran into many road blocks, you stuck with it, and didn't give up, and that made the difference. You are truly a person that's made a difference in the lives of a lot of people, and you will be a President Pro Tem that will make a difference in this Senate and this state. So, congratulations to you. I rise, also, to second your nomination.

Senator Bivins: Thank you Mr. President. Members, I stand to second the nomination of my friend Mike Moncrief to serve as President Pro Tem of the Senate Ad Interim, and I do so for one reason. Mike, you have the biggest heart of anybody in this body. You'll lead us well.

Senator Lucio: Thank you Mr. President. I, too, proudly rise to second the nomination of my amigo, Senator and Chairman Mike Moncrief, for President Pro Tem of the Texas Senate. I think all of us know that Tarrant County is blessed with two outstanding state Senators. I knew of Mike many years ago, but I got to know him back in 1990 for the first time on a personal basis. Obviously, we came to the Texas Senate together. I got to know what a real gentleman from that area of the state was

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really like. I started working with one of the hardest working state legislators I've ever been involved with in the last 14 years, Mike. I do want to say that we started downtown Austin together, at the Metropolitan Health Club. I remember we checked in because I wanted to look as good as he did, and I didn't last very long. I sort of dropped out after the first 440, and I know one thing, you're going to be the healthiest President Pro Tem that's ever served, that's for sure. But, Mike, the one thing that I've looked at is how hard you work in the area of health and human services. I think that there is no doubt in my mind that you champion, truly champion, the issues dealing with mental health and mental retardation, and you've touched on so many people all over Texas, including the Valley and border of Texas that you know I have a passion for. You leave no stone unturned. You have a great partner, and I think together, your partner, Rosie, and you, you'll do a great job for us. I truly want to tell everybody that when I talk about character in a person, I talk about Mike Moncrief. I wish you the very best of success and I want you to have a great term as President Pro Tem. Congratulations.

Senator Gallegos: Thank you Mr. President. I also rise to second the nomination of Mike Moncrief to President Pro Tempore. You know, the first time I think I met you, it was in Fort Worth, and I had just gone through a tough primary, and I had just got elected, and the Hispanic Chamber had invited me there, my cousin lives in Fort Worth, I think he's Jane's constituent, but you were there, and that was one of the first times I met you. Then I started serving with you, and I thank God that you were the Chairman of the Health and Human Services and didn't call those early meetings that Lady Z did, at six o'clock in the morning is a little too early. I do want to tell you that you sent me a picture and I have it in my office and it said that I was a friend that you could ride the river with, and we're probably going to have to ride that river during redistricting here and find out if you're going to have a seat, if I have a seat. I got a letter a while ago that I want to tell everybody here from the Lieutenant Governor, that he's putting me back on the Redistricting Committee, so maybe I can help you, and, Governor Ratliff, thank you. But like Senator Lucio said, he's very health-oriented, and he's a health nut, and he's taught me a couple of things that my staff has to get me about every three months, that also made the Houston Chronicle, by the way. And I just want to tell you, you're better than that piccolo player I've been talking about. But, seriously, the issues that you've dealt with, and I've talked to you about them, my brother-in-law being in a nursing home and the issues that we've had to deal with, and I've gone to you, and you kept me from making that personal privilege speech that I wanted to make on nursing homes, but I saw that those issues were being taken care of this session by you, by you and our colleagues. So, to you and Rosie, Mr. President, I am proud to second the nomination of Mike Moncrief.

Senator Lindsay: Thank you Mr. President. I, too, rise to second the nomination for my friend for President Pro Tempore of this fine organization that we belong to in this Senate. You know, I've listened to a lot of the speakers talk about their previous experiences with Mike going way back and, you know, I got to thinking, you know, Mike really has made tracks in a lot of different places before he got here, as a state Representative, and, of course, as a County Judge, where I first met him, gosh, 25 years ago or more, where we worked together on county problems, and we looked to him. We looked to him, the County Judges did, we had an urban county association group of the bigger counties in the state that met regularly to talk about our legislative programs, and we really looked to Mike for leadership in that program, and we selected

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him to be our leader, as a matter of fact, I recall, to really guide the efforts. Senator Wentworth was there as well. So, I looked forward to coming to this body to work with him on what I thought were going to be primarily county issues because of his county background. I knew about his generosity already, by the way, because as County Judge, he sent me, that plant you sent me, that great big plant. Do you remember that ficus plant? Well, I'm proud to tell you that that lived longer than any other plant I've ever been given. Tony and I have a way of doing away with living things in our house and office, but it lasted a long time and it reminded me of your generosity, going back that far. I didn't know about your, back in those days, didn't know about your love for the health care arena, but when I came here that automatically was one of my main issues because of the way it was affecting our county ad valorem tax dollar in Harris County. So, just getting in lockstep with you was natural on health care issues, because we know we've got to do something or that ad valorem tax dollar is going to be eroded away as deeply as it is with the schools. So, I want to thank you for leading me a long time ago and continuing to do it now and look forward to the next 19 months as you being our leader here in the Senate. I want to thank you.

Senator Bernsen: Mr. President. Members, I, too, rise to second the nomination of Senator Moncrief. I've sat through I don't know how many talks and speeches and jokes from Senator Ellis and some of the other ones, but I want to be very brief and tell you that we've talked about a man who is compassionate; we've talked about a man who is full of kindness; we've talked about a man who has got a big heart; we've talked about a man who loves his family and loves his neighbors; we've talked about somebody who has worked hours and hours for the benefit of citizens of the State of Texas. And as I stand here, it's kind of hard to say anything other than what's been repeated, but I do want to say this, and point this situation out, that when I was elected, in fact before I was elected, when I was trying to get elected, Mike Moncrief called me and said, if you get a chance, come visit with me, and I did. My wife and I came up and we had a dinner with Rosie and Mike and we talked about what it would be like to be in the Senate. He talked about his love for the Senate and his love for the institution of the Senate and everyone in the Senate, the history, the tradition, the fact that while we come from different geographic regions throughout the state, we come from different philosophical bents, and, as Senator Duncan mentioned, we come at issues from different directions, but we sit down and we talk and we work on these issues, and it was an inspiration to me to see that he would take the time to visit with me, somebody from Beaumont, Texas, trying to become a Senator. It encouraged me to work hard to seek to do the best that I could in the Senate. And then you said, and I'll always remember this, you said, may I make a suggestion that when you come to the Senate, you would look at different issues, and I encourage you to look at the issues that protect children, to protect the elderly, and to protect those who cannot take care of themselves, the disabled and mentally retarded and those folks that are, obviously, in the shadow, is what I think you said, in the shadow of society, and it stuck with me. And then when I came to the Senate and I watched you the last two sessions, you not only talk about those issues, you work very, very hard, and it was my pleasure to serve on the committee with you, it was my pleasure and honor to call you my friend, and it's my honor to second your nomination. Thank you.

Senator Wentworth: Mr. President. I had not originally planned to second the nomination because of the matter of time, but since nearly every Member of the Senate

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has gotten up so far and described themselves as his friend, lest there be any misunderstanding, I consider Mike Moncrief my friend as well. And as Senator Lindsay has already indicated, we met a quarter of a century ago when I was on the Commissioners Court in Bexar County and Judge Lindsay was on the Commissioners Court in Harris County, and Mike was, of course, on the Commissioners Court in Tarrant County, and we've stayed friends all these years. We're in different parties, we have different philosophies, and, as some know, Mike is probably among the most conscientious Members of this body to come around and poll us on his bills, and he has a ton of bills, as we all know. And I vote against some of them, and some of Senator Zaffirini's as well, because they are along the same line. But Mike is the only one that I'm a good enough friend that I say, as he knows, when he comes up, I say, what bad ol' bleeding heart liberal tax and spend bill have you got for me today? And it's the majority of the time, I've got to confess, that I wind up voting for them, not all of them, but some of them. But, of all things, and I second everything that's been said, I consider you a genuine gentleman, somebody whose word can be relied upon and that I am proud to serve with, and I am proud to second your nomination to be President Pro Tem.

Senator Truan: Thank you very much, Mr. President. Members, it is with much pride and honor that I second the nomination of our colleague Mike Moncrief to be our President Pro Tem. This is the highest honor that we in the Senate, Members, as you know, can bestow on a Member of the Senate. It is one that we treasure, and those of us that have had this honor, and in my case it's been some time now, about 15 years ago, and I want you to know that I don't recall another highlight in my legislative career, which is now in my 33rd year, that has meant so much to me than being President Pro Tem of the Texas Senate. When you stop and realize that it is an honor that you will have in representing everyone here as you perform your duties, as you are called upon to be not only the Lieutenant Governor, but the Governor of the state, and particularly when there are issues that come up, such as, are you going to follow through on the execution of another human being. I know Senator Ellis told us he went through that, I went through that, and then you really feel the impact of how serious the position is. Some may think that it is just an honorary position, but let me tell you, ladies and gentlemen, we are nominating an individual today that there is no doubt by his track record in public office that he is genuinely concerned and committed to improving the lives of human beings. You have an enviable record on the floor of the Senate. There is no doubt but that your voting record speaks for itself and each of us that has had the fortune of working with you will attest to the fact that you are genuine, that you are real, that you don't hide, and you don't run, and you don't just go along to get along, and that's what makes the respect that we have for you so much greater. You see, in this time and age when there is so much cynicism against those of us in public office, many of us can try to get up and say, that is not true, don't paint everybody in public office with the same brush. You see, you bring honor and respect to the Texas Senate. You have something to share and, as has already been indicated, you could be spending your time doing something else. Let me say how proud I am as Dean of this Texas Senate to second your nomination.

On motion of Senator Truan, Senator Moncrief was elected President Pro Tempore Ad Interim by acclamation.

The President declared that the Honorable Mike Moncrief had been duly elected President Pro Tempore Ad Interim of the 77th Legislature by acclamation.

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The President appointed the following Committee to Escort Senator Moncrief and his wife, Rosie, to the President's Rostrum: Senators Brown, Barrientos, Zaffirini, Ellis, Harris, Cain, and Carona.

OATH OF OFFICE ADMINISTERED

The President administered the Oath of Office to Senator Moncrief as follows:

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

ADDRESS BY PRESIDENT PRO TEMPORE

President Pro Tempore Moncrief addressed the Senate as follows:

Mr. President. Members, it is with humility and a deep sense of honor that I stand here before you as President Pro Tempore of the Texas Senate. Each time I enter this chamber, it is with reverence for the history that its walls encompass and a sense of responsibility to discharge with grace and dignity the duties and obligations we owe to those who have allowed us to serve. This body, as a whole, is greater than any of us individually; it is a mirror of Texas, in all its beauty and diversity, its strengths and its weaknesses. Thank you all very much for the privilege of working beside you.

As I reflect on my years in the Senate, it seems like only yesterday that I was a freshman, yet it's been a decade. I've learned a lot since 1991 and, frankly, I'm still learning, so it's only appropriate that I take this opportunity to thank those who have inspired me, those who have shown me the ropes, and those who have helped steer me through the sometimes stormy waters of the Texas legislative process. First and foremost, I want to thank my wife, Rosie. She has been and remains the center of my universe. Rosie, in all candor, would not rank politics high on her list of favorite things, but she knows that I feel passionately about it, so she has made it a priority too. More importantly, she has taught me that issues that affect people's lives, directly and personally, should always be a priority—hence my efforts on issues relating to HIV/AIDS, mental health, domestic violence, children's health care, cancer services. I know that the tapestry of my life is far richer and more colorful because of Rosie's presence and love. I am truly blessed.

The first person I met with as I prepared to take my place in the Texas Senate was our own gracious lady, Betty King. It is a widely known and unchallenged fact that Betty possesses those characteristics that personify "greatness." She is intelligent, fiercely loyal, kindhearted, discreet, supportive, and knows more about this Legislature than anyone in Texas. You have been a rock for me when I needed support and a gentle but firm conscience when I veered off the path. Betty, I will always cherish your friendship and your encouragement to do what is right. Patsy, history is filled with trailblazers, and the woman in whose path you follow is indeed a Texas trailblazer. I, for one, believe that the only reason Betty is leaving us now is that she knows she leaves us in capable hands. But perhaps Betty's most

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SENATE JOURNAL

enduring gift to me was her first words of advice a decade ago. She said, "Senator, your staff will be your strength, make sure you hire good ones." I have been fortunate that those who have worked with me over the years have more than fulfilled Betty's sage advice, and I thank you all for your loyalty, support, and affection. You've made me proud and have served the people of District 12 and this state well.

Governor Ratliff, a few months ago we attended a prayer breakfast together, and a verse from the Book of James stuck in my mind, and has stayed with me as I've watched you on this podium: "Let everyone be quick to hear, slow to speak, and slow to anger." Thank you for providing such steady, thoughtful, careful leadership. The Texas Senate has been in excellent hands. I feel confident the people of Texas appreciate your service. And, for the faith and confidence you've shown in me, thank you.

This has been a challenging session, Members. We've seen shrinking budgets, growing populations, protests in the gallery, and, in my case, some bizarre new district lines. But, issues and occasional differences aside, I am proud to serve with each and every one of you. I'd like to mention a few people who have had a pronounced impact on my efforts in this body.

Senator Zaffirini, your years of leadership of the Health and Human Services Committee, and the dignity and grace with which you have tackled so many difficult and complex issues serves as a model not only to the young women of this state, but the male population as well. I have benefited greatly from your advice and counsel, and the concern you have shown for the health and well-being of our citizens has been an inspiration to many.

Senator Carona, it has been a joy having you by my side as Co-chair of the Health and Human Services Committee this session. I have come to count on your calm but determined approach to resolving the issues before the committee and your willingness to engage on even the toughest of those issues. John, I can only say that if I were going into battle, I can't think of a better warrior to have at my side.

Senator Ogden, you often seem to scrutinize the world through a periscope, and that probably explains why you squint so hard when you look at my bills. The attention to detail with which Steve approaches legislation is invaluable to this body. It really makes us think long and hard, sometimes three or four times as long, about any number of bills that come before us. But Steve's attention to detail is something the citizens of this state should appreciate and value. He cares about the content of our laws, as well as the process. I have grown to respect and appreciate his tenacity and his passionate defense of his beliefs.

Senator Cain, there were moments this session when I wondered whether you were reading the Local and Uncontested Calendar or auctioning cattle. Believe me, when you decide to retire as state Senator, and I hope that will not be soon, you have a bright future ahead of you in the Fort Worth Stockyards as an auctioneer. But, Members, serving on the Administration Committee this session has been the best kept secret in the Senate. David's laid-back style and humor belies his able leadership. We moved a lot of bills through a committee composed of Senators Zaffirini, Ogden, Moncrief, and Brown—a challenge in and of itself—but more important, we actually had

77th Legislature — Regular Session 84th Day

fun doing it. In a session when the humor was occasionally in short supply, serving with you was a welcome oasis.

Rodney Ellis, what can I say? You are a fabulous role model for the young people of this state and you are the epitome of a fighter and a lover. You're either showering us with affection or beating us over the head; either way, you find a way to make us do the right thing. Rodney, you've been a valued advisor and a man for whom I have developed great affection and admiration over the years. I am proud to call you my friend.

One of the things we pride ourselves on in this body is our ability to overcome our differences, resolve our conflicts, work together for the greater good of Texas. Senator Duncan, I think that this session, we proved that that spirit is alive and well in this body. Despite our earlier disagreements, we've managed to work as a team to come up with a bill that stabilizes our nursing home industry and will help protect the elderly. I appreciate your dedication to this cause, the endless hours you spent working with me and my staff on this bill, and your quiet but dogged determination that we could, that we should, find a solution.

Finally, I have to say a word about Chris Harris. Although we have not always agreed on issues, Chris has been a great teacher and someone I admire for his determination and doggedness. Despite that combative demeanor and unfortunate tendency to strike terror in the hearts of men and women alike, I have finally discovered his real secret: he is a caring and compassionate man and a true Texas patriot, and I am honored to serve with him.

Thomas Jefferson once said, "The care of human life and happiness, and not their destruction, is the first and only legitimate object of good government." Simple words, but profound. The landscape of Texas is rapidly changing. We are more diverse, we're living longer, we have more young people than ever before, and all of these things are changing the demands on our infrastructure. As the father of two and the grandfather of four, I worry more than ever about the lasting impact of the decisions we make, whether it's about the quality of our air and water or the quality of our educational and health care systems.

It's all too easy to get caught up in the session and forget that every decision we make affects the lives of real people, not statistics. A dignified quality of life should not be the subject of debate in this body, particularly for our children and our elderly. The former represent our future, the latter gave us life, fought for our freedom, educated us. They both deserve our best. We should strive to craft solutions that reflect integrity and a commitment to excellence.

I am grateful and humbled to serve in the Texas Senate. In this arena, the passion and conviction which we collectively bring to this body can truly create a brighter tomorrow for this great state. But, I've gone on long enough. It is an honor to serve in the Texas Senate with each and every one of you, and it is with reverence and deep appreciation that I stand before you as the nominee for President Pro Tem. And with that, I think it's probably time for the incoming President Pro Tem to follow the advice of the outgoing President Pro Tem, and shut up. Thank you Members.

Monday, May 28, 2001

SENATE JOURNAL

BILLS AND RESOLUTIONS SIGNED

The President announced the signing of the following enrolled bills and resolutions in the presence of the Senate after the captions had been read:

HB 1094, HB 1203, HB 2255, HB 2676, HB 2686, HB 2700, HB 2914, HB 3016, HB 3313, HB 3507, HCR 215, HCR 311.

GUESTS PRESENTED

Senator Brown was recognized and introduced to the Senate the following Senate spouses: Mrs. Elvira Truan, Mrs. Emma Barrientos, The Honorable Tony Lindsay, Mrs. Rosie Moncrief, Mrs. Linda Fraser, Mrs. Sally Ratliff, Mrs. Tammy Harris, Mrs. Jill Brown, Mrs. Karla Wentworth, and Mr. Henry "Pete" Van de Putte.

The Senate welcomed its guests.

APPRECIATION EXTENDED

The President introduced to the Senate Guillaume Smith, the Senate Media sound booth operator.

The Senate expressed its appreciation to Mr. Smith.

MOTION IN WRITING

Senator Truan offered the following Motion In Writing:

Mr. President:

I move that the President be authorized to appoint two committees of five (5) Members each to notify the Governor and the House of Representatives that the Senate has completed its labors and is ready to adjourn sine die.

TRUAN

The Motion In Writing was read and was adopted without objection.

The President appointed the following Committee to Notify the Governor: Senators Bivins, Madla, Lindsay, Ellis, and Brown.

The President appointed the following Committee to Notify the House of Representatives: Senators Armbrister, Wentworth, Gallegos, Carona, and Zaffirini.

SENATE CONCURRENT RESOLUTION 78

The President laid before the Senate the following resolution:

WHEREAS, The Senate and the House of Representatives have completed their labors, and the end of this legislative session marks the end of the career of a good and faithful servant of the state; now, therefore, be it

RESOLVED by the 77th Legislature of the State of Texas, That the Regular Session of the 77th Legislature stand adjourned sine die and do so in honor of Betty King, the 37th Secretary of the Texas Senate.

TRUAN

The resolution was read.

77th Legislature — Regular Session 84th Day

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

Absent-excused: Shapleigh.

The Members stood to cast their votes when their names were called by the Secretary of the Senate, in honor of her retirement.

MESSAGES FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

May 28, 2001

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 299, Congratulating the Central Texas Labor Council, AFL-CIO, on its 100th anniversary.

SCR 41, Commending and applauding all recipients and supporters of the Texas Medal of Arts Awards.

SCR 57, Recognizing the beautiful town of Balmorhea as an Oasis of West Texas.

SCR 68, Honoring Marshall L. Turner, Jr., on the occasion of his retirement from the United States Census Bureau.

SCR 76, Instructing the enrolling clerk of the senate to make technical corrections to S.B. No. 2.

SCR 77, Instructing the enrolling clerk of the senate to make corrections to S.B. No. 2.

SCR 73, Instructing the enrolling clerk of the senate to make corrections to S.B. 43.

SCR 74, Instructing the enrolling clerk of the house to make corrections in H.B. 3152.

SCR 75, Instructing the enrolling clerk of the senate to make corrections in S.B. No. 310.

SCR 78, Resolving that the 77th Legislature of the State of Texas stand adjourned sine die and do so in honor of Betty King.

Respectfully,

/s/Sharon Carter, Chief Clerk

House of Representatives

HOUSE OF REPRESENTATIVES NOTIFIED

Senator Armbrister and the Committee to Notify the House of Representatives reported to the Senate that the House had been notified that the Senate had completed its labors and was ready to adjourn sine die.

Monday, May 28, 2001

SENATE JOURNAL

GOVERNOR NOTIFIED

Senator Bivins and the Committee to Notify the Governor reported to the Senate that the Governor had been notified that the Senate had completed its labors and was ready to adjourn sine die.

MOTION TO ADJOURN SINE DIE

On motion of Senator Truan, the Senate of the 77th Legislature, Regular Session, at 3:34 p.m. agreed to adjourn sine die, in memory of Thomas Noel Haywood, son of Senator Haywood, and in honor of Betty King and her retirement as Secretary of the Senate, subject to the completion of administrative duties.

BILLS AND RESOLUTIONS SIGNED

The President announced the signing of the following enrolled bills and resolutions in the presence of the Senate after the captions had been read:

SCR 41, SCR 57, SCR 68, SCR 73, SCR 74, SCR 75, SCR 76, SCR 77, SCR 78, HB 6, HB 217, HB 247, HB 900, HB 1772, HB 1784, HB 1839, HB 1869, HB 2040, HB 2323, HB 2484, HB 2530, HB 2575, HB 2735, HB 2744, HB 2912, HB 3037, HB 3038, HB 3152, HB 3172, HB 3343, HCR 294, HCR 309, HCR 314, HCR 315, HCR 316, HCR 318, HCR 320, HCR 324, HCR 325, HCR 326, HCR 327, HCR 328, HCR 329, HCR 330, HCR 331, HCR 332, HCR 333, HCR 334, HCR 323.

RESOLUTIONS OF RECOGNITION

The following resolutions were adopted by the Senate:

Memorial Resolution

SR 1272 by Staples, In memory of Walter E. "Dick" Griffin of Marble Falls.

Congratulatory Resolutions

SR 1264 by Truan, Congratulating Santiago "Jimmy" Martinez and his family.

SR 1265 by Truan, Congratulating Bernarda and Guadalupe "Lupe" Valdez, Jr., of Corpus Christi.

SR 1266 by Truan, Congratulating Terry L. Dicianna.

SR 1267 by Carona and Cain, Congratulating the members of the baseball team of Eastfield College in Mesquite.

SR 1268 by Staples, Congratulating Travis Wayne and Amy Laurel D'leigh Stephens Rayburn on the birth of their quadruplets, Jackson Travis Rayburn, Garrett Hugh Rayburn, Colton Charles Rayburn, and Abigail D'leigh Rayburn.

SR 1270 by Truan, Commending the Veterans Band of Corpus Christi.

SR 1273 by Wentworth, Congratulating Carlton "Corky" Nutt of San Angelo.

SR 1274 by Zaffirini, Congratulating Frank "Butch" Tudyk.

SR 1275 by Zaffirini, Commending the Sisters of Mercy.

77th Legislature — Regular Session 84th Day

ADJOURNMENT SINE DIE

The President announced that the hour for final adjournment of the Regular Session of the 77th Legislature had arrived and, in accordance with a previously adopted motion, declared the Regular Session of the 77th Legislature adjourned sine die, in honor of Betty King's retirement as Secretary of the Senate and in memory of Thomas Noel Haywood, son of Senator Haywood of Wichita Falls, at 6:44 p.m.

APPENDIX

SENT TO COMPTROLLER

May 28, 2001

SB 1, SB 736

SENT TO SECRETARY OF STATE

May 28, 2001

SJR 6

SENT TO GOVERNOR

May 28, 2001

SB 7, SB 51, SB 63, SB 195, SB 215, SB 279, SB 303, SB 338, SB 354, SB 416, SB 465, SB 484, SB 538, SB 588, SB 638, SB 687, SB 734, SB 776, SB 791, SB 889, SB 893, SB 907, SB 917, SB 929, SB 1050, SB 1051, SB 1078, SB 1165, SB 1181, SB 1190, SB 1296, SB 1315, SB 1377, SB 1434, SB 1475, SB 1496, SB 1536, SB 1637, SB 1646, SB 1654, SB 1686, SB 1689, SB 1747, SB 1764, SB 1767, SB 1775, SB 1776, SB 1777, SB 1821, SCR 72, SB 19, SB 22, SB 65, SB 139, SB 144, SB 161, SB 220, SB 280, SB 304, SB 333, SB 372, SB 382, SB 467, SB 512, SB 516, SB 533, SB 544, SB 555, SB 581, SB 688, SB 712, SB 975, SB 1100, SB 1224, SB 1245, SB 1299, SB 1411, SB 1444, SB 1472, SB 1596, SB 1690, SB 1773, SB 1778

SIGNED BY GOVERNOR

May 28, 2001

SB 126, SB 221, SB 601, SB 626, SB 865, SB 941, SB 980, SB 1123, SB 1407, SCR 60

SENT TO GOVERNOR

May 29, 2001

SB 11, SB 43, SB 45, SB 115, SB 248, SB 292, SB 342, SB 406, SB 409, SB 507, SB 515, SB 768, SB 1119, SB 1128, SB 1173, SB 1573

Monday, May 28, 2001

SENATE JOURNAL

May 30, 2001

SB 8, SB 173, SB 189, SB 309, SB 312, SB 317, SB 322, SB 510, SB 527, SB 536, SB 730, SB 732, SB 736, SB 749, SB 826, SB 886, SB 896, SB 985, SB 1057, SB 1210, SB 1320, SB 1432, SB 1458, SB 1815, SCR 41, SCR 57, SCR 68, SCR 71, SCR 73, SCR 74, SCR 75, SCR 76, SCR 77, SCR 78

May 31, 2001

SB 2, SB 273, SB 305, SB 310, SB 311, SB 1156, SB 1839

SIGNED BY GOVERNOR

June 4, 2001

SB 148, SB 170, SB 1213

June 5, 2001

SB 236

SENT TO GOVERNOR

June 6, 2001

SB 1

SIGNED BY GOVERNOR

June 8, 2001

SB 477, SB 545

June 11, 2001

SB 43, SB 133, SB 140, SB 233, SB 274, SB 285, SB 368, SB 439, SB 535, SB 542, SB 584, SB 591, SB 596, SB 620, SB 673, SB 714, SB 757, SB 790, SB 847, SB 877, SB 935, SB 940, SB 961, SB 962, SB 990, SB 998, SB 1006, SB 1015, SB 1061, SB 1146, SB 1268, SB 1288, SB 1293, SB 1294, SB 1367, SB 1376, SB 1449, SB 1563, SB 1581, SB 1588, SB 1596, SB 1632, SB 1667, SB 1732, SB 1793, SB 1810

June 13, 2001

SB 18, SB 53, SB 194, SB 198, SB 200, SB 252, SB 257, SB 263, SB 283, SB 314, SB 332, SB 377, SB 393, SB 414, SB 429, SB 433, SB 453, SB 466, SB 482, SB 486, SB 497, SB 505, SB 531, SB 554, SB 586, SB 587, SB 593, SB 609, SB 625, SB 643, SB 649, SB 651, SB 684, SB 691, SB 700, SB 702, SB 707, SB 731, SB 749, SB 751, SB 766, SB 772, SB 779, SB 799, SB 826, SB 840, SB 873, SB 888, SB 925, SB 932, SB 986, SB 1002, SB 1016, SB 1037, SB 1064, SB 1085, SB 1160, SB 1174, SB 1176, SB 1190, SB 1205, SB 1235, SB 1262, SB 1300, SB 1302, SB 1315, SB 1318, SB 1320, SB 1353, SB 1394, SB 1396, SB 1496, SB 1646, SB 1690, SB 1707, SB 1710, SB 1727, SB 1735, SB 1736, SB 1759, SB 1799, SB 1800, SB 1808, SB 1814, SB 1818, SB 1831, SB 1840, SCR 1, SCR 41, SCR 57, SCR 71

June 14, 2001

SB 7, SB 19, SB 82, SB 108, SB 113, SB 159, SB 195, SB 217, SB 218, SB 224, SB 272, SB 303, SB 338, SB 355, SB 409, SB 415, SB 416, SB 430,

77th Legislature — Regular Session 84th Day

SB 450, SB 467, SB 507, SB 538, SB 557, SB 563, SB 583, SB 616, SB 654, SB 671, SB 687, SB 688, SB 712, SB 720, SB 732, SB 736, SB 869, SB 886, SB 889, SB 896, SB 975, SB 1047, SB 1051, SB 1074, SB 1173, SB 1212, SB 1296, SB 1308, SB 1377, SB 1417, SB 1434, SB 1446, SB 1467, SB 1475, SB 1491, SB 1536, SB 1561, SB 1574, SB 1637, SB 1659, SB 1683, SCR 35, SCR 51, SCR 59, SCR 62, SCR 63, SCR 72, SCR 73, SCR 75, SCR 78

June 15, 2001

SB 2, SB 5, SB 305, SB 4, SB 8, SB 12, SB 22, SB 45, SB 51, SB 63, SB 65, SB 115, SB 139, SB 158, SB 177, SB 189, SB 192, SB 220, SB 261, SB 273, SB 280, SB 292, SB 304, SB 310, SB 312, SB 317, SB 333, SB 342, SB 352, SB 367, SB 372, SB 382, SB 390, SB 395, SB 406, SB 437, SB 454, SB 456, SB 527, SB 533, SB 555, SB 577, SB 581, SB 588, SB 768, SB 789, SB 893, SB 965, SB 985, SB 1024, SB 1053, SB 1057, SB 1119, SB 1125, SB 1128, SB 1180, SB 1181, SB 1245, SB 1282, SB 1299, SB 1345, SB 1390, SB 1458, SB 1573, SB 1684, SB 1689, SB 1747, SB 1763, SB 1767, SB 1778, SB 1781, SB 1807, SB 1811, SB 1815, SB 1839, SCR 46, SCR 74, SCR 76, SCR 77

June 16, 2001

SB 322, SB 465, SB 544, SB 637, SB 647, SB 1036, SB 1050, SB 1100, SB 1207, SB 1226, SB 1758, SB 1764, SB 1772, SB 1773, SB 1775, SB 1776, SB 1777, SB 1782, SB 1784, SB 1796, SB 1821, SCR 2, SCR 21, SCR 22, SCR 23, SCR 24, SCR 28, SCR 37, SCR 50, SCR 61, SCR 64, SCR 66, SB 248, SB 275, SB 326, SB 510, SB 734, SB 917, SB 1043, SB 1078, SB 1091, SB 1165, SB 1472, SB 1539, SB 1806

June 17, 2001

SB 1 (Line item veto), SB 11, SB 40, SB 214, SB 215, SB 309, SB 328, SB 356, SB 484, SB 496, SB 515, SB 518, SB 536, SB 572, SB 638, SB 776, SB 850, SB 903, SB 907, SB 929, SB 1001, SB 1164, SB 1214, SB 1304, SB 1358, SB 1371, SB 1432, SB 1470, SB 1671, SB 1686, SB 1797, SB 1823, SCR 17, SCR 68

FILED WITHOUT SIGNATURE OF GOVERNOR

June 17, 2001

SB 311, SB 1444, SCR 25, SCR 54

VETOED BY GOVERNOR

June 17, 2001

SB 1 (Line item veto), SB 144, SB 161, SB 173, SB 279, SB 350, SB 354, SB 512, SB 516, SB 575, SB 697, SB 730, SB 769, SB 791, SB 846, SB 904, SB 1156, SB 1210, SB 1224, SB 1411, SB 1654, SB 1713

Monday, May 28, 2001

SENATE JOURNAL

PROCLAMATION

BY THE

GOVERNOR OF THE STATE OF TEXAS

Austin, Texas

June 17, 2001

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Senate Bill 1, the General Appropriations Act, having been duly certified by the Comptroller of Public Accounts pursuant to Article III, Section 49a of the Texas Constitution, has been presented to me for action. This bill would appropriate an estimated $113.8 billion from all fund sources including $61.7 billion from the General Revenue Fund for the fiscal biennium beginning September 1, 2001. Appropriations for fiscal years 2002 and 2003 reflect an average annual increase of 3.7% over the 2001 spending level.

The proposed state budget that I submitted to the Legislature contained my key priorities for the 2002-2003 biennium. These were:

Meet Basic Needs, Including

Fully Funding Medicaid Growth Projections

Improve Accessibility to and

Quality of Public and Higher Education

Promote Health and Safety for

Texas Citizens

Optimize Technology Use

Improve Transportation

Address Border Issues.

This budget meets basic needs, including fully funding Medicaid growth projections, while providing funds for some new and necessary programs. We did a better job of maximizing federal dollars. And we accomplished our goals without accessing the state's Rainy Day Fund and without cutting funds to vital areas.

However, Senate Bill 1 does contain a few items of appropriation with which I do not agree. The budget spends every available dollar and then some. Other than the Rainy Day Fund, no cushion is provided to care for unforeseen issues or problems, such as the recent tragic Southeast Texas floods. The bill also contains provisions intended to obligate expenditure of funds beyond those the Comptroller is currently willing to certify as available. This tactic could limit the ability of the Seventy-Eighth Legislature to address the state's needs in a fiscally responsible manner in 2004-2005.

Like my predecessors, I am also concerned that certain appropriations are made in a way that usurp the authority granted to the Governor in Article IV, Section 14, of the Texas Constitution to veto individual items of appropriation. This is accomplished by combining several distinct items of appropriation into one large item or through an attempt at lump-sum appropriations. As long as this practice continues, the governors of this State will be unable to exercise the fiscal responsibility envisioned in the State Constitution.

77th Legislature — Regular Session 84th Day

My item vetoes total $75.1 million in certified appropriations and another $480.8 million in appropriations contingent on certification of additional revenue. I hereby veto the following items from Senate Bill 1, Seventy-Seventh Legislature, Regular Session, 2001, and include a statement of my objections to each of those items.

Article II — Health and Human Services

Health and Human Services Commission Page II-61

53. Contingent Appropriation to the Health and Human Services Commission. The appropriation to the Health and Human Services Commission under Strategies B.2.1, B.2.2, B.2.3, and B.2.4, has been reduced by $269,840,001 in All Funds, including $107,747,112 in General Revenue Match for Medicaid, and the Health and Human Services Commission is hereby authorized to defer its August 2003 premium payment to the National Heritage Insurance Company until September 2003 and the August 2003 payment will be paid from fiscal year 2004 appropriations. However, after and contingent upon the Comptroller providing notice to the Legislative Budget Board and the Governor regarding a finding of fact by the Comptroller (at the time of certification or after certification of this Act) that sufficient revenue is estimated to be available, and following approval by the Legislative Budget Board and Governor, there is hereby appropriated to the Health and Human Services Commission such amounts as may be necessary for payment of the August 2003 premium payment (estimated to be $269,840,001 in All Funds, including $107,747,112 in General Revenue Match for Medicaid) by August 31, 2003.

This veto action deletes an appropriation contingent on the certification of additional revenue by the Comptroller. Deleting this appropriation may allow the Contingency Reserve authorized by Article IX, Section 10.06 to be funded instead. Such a reserve could be used to pay for the 25th month of Medicaid, but could also be used for other unforeseen circumstances, offering the state additional flexibility. Projected Medicaid expenses for the 2002-2003 biennium are fully funded in Article II and Article XII of the General Appropriations Act.

Department of Human Services Page II-78

34. Contingent Appropriation to Texas Department of Human Services for Payment of August 2003 Nursing Home Payment. The appropriation shown above to the Texas Department of Human Services in this Act under Strategy A.1.4. has been reduced by $134,760,919 in All Funds, including $53,634,846 in General Revenue Match for Medicaid, and the Texas Department of Human Services is hereby authorized to defer its August 2003 nursing home payment until September 2003, and the August 2003 payment will be paid from fiscal year 2004 appropriations. However, after and contingent upon the Comptroller providing notice to the Legislative Budget Board and the Governor regarding a finding of fact by the Comptroller (at the time of certification or after certification of this Act) that sufficient revenue is estimated to be available, and following approval by the Legislative Budget Board and Governor, there is hereby appropriated to the Texas Department of Human Services such amounts as may be necessary for payment of the August 2003 nursing home payment (estimated to be $134,760,919 in All Funds, including $53,634,846 in General Revenue Match for Medicaid) by August 31, 2003.

Monday, May 28, 2001

SENATE JOURNAL

This veto action deletes an appropriation contingent on the certification of additional revenue by the Comptroller. Deleting this appropriation may allow the Contingency Reserve authorized by Article IX, Section 10.06 to be funded instead. Such a reserve could be used to pay for the 25th month of Medicaid, but could also be used for other unforeseen circumstances, offering the state additional flexibility. Projected Medicaid expenses for the 2002-2003 biennium are fully funded in Article II and Article XII of the General Appropriations Act.

Article III — Education

Telecommunications Infrastructure Fund Board Page III-39

7. Contingency Appropriation: Senate Bill 1783. Contingent upon the enactment of Senate Bill 1783, Seventy-Seventh Legislature, Regular Session, if available revenue in the Telecommunications Infrastructure Fund (TIF) in the 2002-03 biennium is less than the sum of appropriations from the TIF contained in this Act, the Telecommunications Infrastructure Fund Board's appropriations for the 2002-03 biennium shall be reduced by the difference.

This veto action deletes a rider that was contingent upon proposed legislation that did not pass.

Special Provisions Relating Only to State Agencies of Higher Education Page III-244

Sec. 52. Utility Funding Increase for Public Higher Education Institutions. Contingent upon a finding of fact by the Comptroller of Public Accounts at the time of certification of this Act, or after certification of this Act, that sufficient revenue is estimated to be available from the General Revenue Fund, and following approval by the Legislative Budget Board, there is hereby appropriated to the Comptroller of Public Accounts $19,515,970 per fiscal year, or such amounts as may be available for the purpose of funding increased utility costs at public institutions of higher education. Distribution of any amounts authorized shall be based on the Texas Higher Education Coordinating Board's infrastructure funding formula.

This veto action deletes a rider contingent upon the certification of additional revenue by the Comptroller.

Article VI — Natural Resources

Natural Resource Conservation Commission Page VI-30

40. Contingency Appropriation: Senate Bill 1541. Contingent upon passage of Senate Bill 1541, or similar legislation relating to the permanent management of low-level radioactive waste, by the Seventy-Seventh Legislature, Regular Session, the Natural Resource Conservation Commission is hereby appropriated any fee revenues generated to the Low-level Radioactive Waste Account No. 88 as a result of the bill's enactment (estimated to be $1,245,000 for the 2002-03 biennium). This appropriation shall be used to implement the provisions of the bill.

This veto action deletes a rider that was contingent upon proposed legislation that did not pass.

Article IX — General Provisions

Sec. 10.16. Contingent Reduction Items. Contingent upon a finding of fact by the Comptroller of Public Accounts at the time of certification of this Act that sufficient

77th Legislature — Regular Session 84th Day

revenue is not available from the General Revenue Fund and special funds to certify the General Appropriations Act, the following amounts are hereby reduced, in priority order, from the listed entities:

(a) Ten percent of Special Items for Institutions of Higher Education on a prorated basis.

(b) Twenty-five percent of tuition revenue bond debt service authorized by the Seventy-Seventh Legislature under Section 10.19 of this Article for Institutions of Higher Education on a prorated basis, excluding commitments made under the Office of Civil Rights agreement.

(c) Twenty percent of General Revenue and General Revenue related Capital Budget Funding for all agencies, on a prorated basis.

The reduction authorized herein shall be implemented among the listed entities and items by the Comptroller of Public Accounts based on the amounts, timing, or other information to be determined by the Legislative Budget Board following the Comptroller's finding of fact. The provisions in this section are to be implemented prior to the action authorized under Section 10.05. "Contingency Appropriation Reduction" of Article IX of this Act. It is the intent of the Legislature that items reduced above be funded prior to any other contingency appropriations listed in this Act.

This veto action deletes a rider that is no longer necessary. The Comptroller certified this Act without making any of the proposed reductions.

Sec. 10.17. Additional Appropriations Priorities Contingent on Availability of Revenue. Contingent on the Comptroller certifying that sufficient revenue is available the following appropriations are made for the purposes specified:

(a) First, it is the intent of the Legislature that the Comptroller shall use any additional revenue to restore appropriation reductions previously made pursuant to Section 10.16 of this Article in the following order:

(1) it is the intent of the Legislature that the Comptroller shall restore any previous appropriation reductions made from the General Revenue and General Revenue related capital budget funding for all agencies on a prorated basis;

(2) after making any restoration as directed under Subdivision (1) of this Subsection (a), it is the intent of the Legislature that the Comptroller shall restore any appropriation reductions previously made related to tuition revenue bond debt service;

(3) after making any restorations as directed under Subdivision (1) of this Subsection (a) and (2) of this Subsection (a), it is the intent of the Legislature that the Comptroller shall restore any appropriation reductions previously made related to the Special Items for Institutions of Higher Education on a prorated basis; and

(4) after making any restorations as directed under Subdivision (1) of this Subsection (a), and then Subdivision (2) of this Subsection (a), and then Subdivision (3) of this Subsection (a), it is the intent of the Legislature that the Comptroller shall restore any across the board appropriation reductions made pursuant to Sections 10.05 or 10.16 of this Article;

(b) Second, after restoring any reductions as provided under Subsection (a) of this Section any additional revenue is appropriated to the Texas Higher Education Coordinating Board to be used for the Texas Grants II program as provided by Rider 55 under the bill pattern of the Texas Higher Education Coordinating Board under Article III of this Act;

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(c) Third, after restoring any reductions as provided under Subsection (a) of this Section and funding any additional revenue appropriated to the Texas Higher Education Coordinating Board to be used for the Texas Grants II program as provided by Rider 55 under the bill pattern of the Texas Higher Education Coordinating Board under Article III of this Act under Subsection (b) of this Section any additional revenue is appropriated for junior college formula funding as provided by Section 51 of the Special Provisions Relating only to State Agencies of Higher Education under Article III of this Act;

(d) Fourth, after restoring any reductions as provided under Subsection (a) of this Section and funding any additional revenue appropriated to the Texas Higher Education Coordinating Board to be used for the Texas Grants II program as provided by Rider 55 under the bill pattern of the Texas Higher Education Coordinating Board under Article III of this Act under Subsection (b) of this Section and funding any additional revenue appropriated for junior college formula funding as provided by Section 51 of the Special Provisions Relating only to State Agencies of Higher Education under Article III of this Act under Subsection (c) of this Section any additional revenue is appropriated to be used for judicial salary increases as provided under Section 11.01 of this Article;

(e) Fifth, after restoring any reductions as provided under Subsection (a) of this Section and funding any additional revenue appropriated to the Texas Higher Education Coordinating Board to be used for the Texas Grants II program as provided by Rider 55 under the bill pattern of the Texas Higher Education Coordinating Board under Article III of this Act under Subsection (b) of this Section and funding any additional revenue appropriated for junior college formula funding as provided by Section 51 of the Special Provisions Relating only to State Agencies of Higher Education under Article III of this Act under Subsection (c) of this Section and funding any additional revenue appropriated to be used for judicial salary increases as provided under Section 11.01 of this Article under Subsection (d) of this Section any additional revenue is appropriated to the appropriate agencies to fund contingent legislation under Part 11 of this Article;

(f) Sixth, after restoring any reductions as provided under Subsection (a) of this Section and funding any additional revenue appropriated to the Texas Higher Education Coordinating Board to be used for the Texas Grants II program as provided by Rider 55 under the bill pattern of the Texas Higher Education Coordinating Board under Article III of this Act under Subsection (b) of this Section and funding any additional revenue appropriated for junior college formula funding as provided by Section 51 of the Special Provisions Relating only to State Agencies of Higher Education under Article III of this Act under Subsection (c) of this Section and funding any additional revenue appropriated to be used for judicial salary increases as provided under Section 11.01 of this Article under Subsection (d) of this Section and funding any additional revenue appropriated to the appropriate agencies to fund contingent legislation under Part 11 of this Article under Subsection (e) of this Section any additional revenue is appropriated to the Comptroller to be distributed to institutions of higher education as considered proper by the Texas Higher Education Coordinating Board for meeting higher than expected utility costs as provided under Section 52 of the Special Provisions Relating only to State Agencies of Higher Education under Article III of this Act;

77th Legislature — Regular Session 84th Day

(g) Seventh, after restoring any reductions as provided under Subsection (a) of this Section and funding any additional revenue appropriated to the Texas Higher Education Coordinating Board to be used for the Texas Grants II program as provided by Rider 55 under the bill pattern of the Texas Higher Education Coordinating Board under Article III of this Act under Subsection (b) of this Section and funding any additional revenue appropriated for junior college formula funding as provided by Section 51 of the Special Provisions Relating only to State Agencies of Higher Education under Article III of this Act under Subsection (c) of this Section and funding any additional revenue appropriated to be used for judicial salary increases as provided under Section 11.01 of this Article under Subsection (d) of this Section and funding any additional revenue appropriated to the appropriate agencies to fund contingent legislation under Part 11 of this Article under Subsection (e) of this Section and funding any additional revenue appropriated to the Comptroller to be distributed to institutions of higher education as considered proper by the Texas Higher Education Coordinating Board for meeting higher than expected utility costs as provided under Section 52 of the Special Provisions Relating only to State Agencies of Higher Education under Article III of this Act as provided under Subsection (f) of this Section there is appropriated any additional revenue to fund employee salary increases under Section 10.13 of this Article;

(h) Eighth, after restoring any reductions as provided under Subsection (a) of this Section and funding any additional revenue appropriated to the Texas Higher Education Coordinating Board to be used for the Texas Grants II program as provided by Rider 55 under the bill pattern of the Texas Higher Education Coordinating Board under Article III of this Act under Subsection (b) of this Section and funding any additional revenue appropriated for junior college formula funding as provided by Section 51 of the Special Provisions Relating only to State Agencies of Higher Education under Article III of this Act under Subsection (c) of this Section and funding any additional revenue appropriated to be used for judicial salary increases as provided under Section 11.01 of this Article under Subsection (d) of this Section and funding any additional revenue appropriated to the appropriate agencies to fund contingent legislation under Part 11 of this Article under Subsection (e) of this Section and funding any additional revenue appropriated to the Comptroller to be distributed to institutions of higher education as considered proper by the Texas Higher Education Coordinating Board for meeting higher than expected utility costs as provided under Section 52 of the Special Provisions Relating only to State Agencies of Higher Education under Article III of this Act as provided under Subsection (f) of this Section and funding any additional revenue to fund employee salary increases under Section 10.13 of this Article as provided by Subsection (g) of this section there is appropriated any additional revenue to be used for payment of medicaid payments previously deferred as provided by Rider 34 following the bill pattern of the Department of Human Services under Article II of this Act and as provided by Rider 53 following the bill pattern of the Health and Human Services Commission under Article II of this Act; and

(i) Ninth, after restoring any reductions as provided under Subsection (a) of this Section and funding any additional revenue appropriated to the Texas Higher Education Coordinating Board to be used for the Texas Grants II program as provided by Rider 55 under the bill pattern of the Texas Higher Education Coordinating Board under Article III of this Act under Subsection (b) of this Section and funding any

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additional revenue appropriated for junior college formula funding as provided by Section 51 of the Special Provisions Relating only to State Agencies of Higher Education under Article III of this Act under Subsection (c) of this Section and funding any additional revenue appropriated to be used for judicial salary increases as provided under Section 11.01 of this Article under Subsection (d) of this Section and funding any additional revenue appropriated to the appropriate agencies to fund contingent legislation under Part 11 of this Article under Subsection (e) of this Section and funding any additional revenue appropriated as provided to the Comptroller to be distributed to institutions of higher education as considered proper by the Texas Higher Education Coordinating Board for meeting higher than expected utility costs as provided under Section 52 of the Special Provisions Relating only to State Agencies of Higher Education under Article III of this Act under Subsection (f) of this Section and funding any additional revenue to fund employee salary increases under Section 10.13 of this Article as provided by Subsection (g) of this Section and funding any additional revenue to be used for payment of medicaid payments previously deferred as provided by Rider 34 following the bill pattern of the Department of Human Services under Article II of this Act and as provided by Rider 53 following the bill pattern of the Health and Human Services Commission under Article II of this Act as provided under Subsection (h) of this Section there is appropriated to the Comptroller revenue sufficient to fund the emergency contingency reserve under Section 10.06 of this Article.

This veto action deletes the appropriate sections of this rider to conform with other veto actions contained in this proclamation.

Sec. 10.41.  Contingency Appropriation: Senate Bill 697. Contingent upon the enactment of Senate Bill 697, or similar legislation relating to the regulation of the practice of professional engineering by the Seventy-Seventh Legislature, Regular Session, the Board of Professional Engineers is hereby appropriated $206,769 in fiscal year 2002 and $142,296 in fiscal year 2003, out of the General Revenue Fund for the purpose of implementing that Act. Such appropriations are also contingent on the Board of Professional Engineers assessing fees sufficient to generate, during the 2002-03 biennium, $349,065 in excess of $4,282,000 (Object Code 3175), contained in the Comptroller of Public Accounts' Biennial Revenue Estimate for fiscal year 2002 and 2003. The Board of Professional Engineers, upon completion of necessary actions to assess or increase such additional fees, shall furnish copies of the Board of Professional Engineers' minutes and other information supporting the estimated revenues to be generated for the 2002-03 biennium under the revised fee structure to the Comptroller of Public Accounts. If the Comptroller finds the information sufficient to support the projection of increased revenues, a finding of fact to that effect shall be issued and the contingent appropriation shall be made available for the intended purposes.

Senate Bill 697 was vetoed by the Governor; consequently, this veto action eliminates funding proposed for the implementation of that bill.

Sec. 10.49.  Contingency Appropriation for Senate Bill 1622. Contingent upon the enactment of Senate Bill 1622, or similar legislation relating to the regulation of amusement rides, by the Seventy-Seventh Legislature, Regular Session, the Department of Licensing and Regulation is hereby appropriated $190,260 for fiscal

77th Legislature — Regular Session 84th Day

year 2002 and $160,110 for fiscal year 2003 out of the Mobile Amusement Ride Regulation Fund Account in General Revenue for the purpose of implementing that Act. Also contingent on the enactment of Senate Bill 1622, or similar legislation, the "Number of Full-time Equivalent Positions (FTE)" figure indicated above is hereby increased by 2 for fiscal year 2002 and by 2 for fiscal year 2003. In no event shall the amount expended by this provision exceed the amount of additional revenue generated pursuant to Senate Bill 1622.

This veto action deletes a rider that was contingent upon proposed legislation that did not pass.

Sec. 10.63.  Contingency Appropriation for Senate Bill 1586. Contingent upon the enactment of Senate Bill 1586, or similar legislation relating to fees for copies of birth and death certificates, by the Seventy-Seventh Legislature, Regular Session, the Department of Health is hereby appropriated $2,371,001 in fiscal year 2002 and $2,413,000 in fiscal year 2003 out of additional revenues collected pursuant to Senate Bill 1586 for the purpose of implementing that Act. In no event shall the amount expended out of, or transferred from, this appropriation exceed the amount of additional revenues generated pursuant to Senate Bill 1586. The additional revenues generated must be sufficient to cover the costs of the appropriation as well as any indirect costs associated with the implementation of the provisions of the bill.

This veto action deletes a rider that was contingent upon proposed legislation that did not pass.

Sec. 10.67.  Contingency Appropriation for Senate Bill 516. Contingent upon the enactment of Senate Bill 516 or similar legislation by the Seventy-Seventh Legislature, Regular Session, relating to the creation of a rural physician relief program, the Texas Department of Health is hereby appropriated $182,250 in fiscal year 2002 and $243,000 in fiscal year 2003 from the new General Revenue-Dedicated account created under the provisions of the bill. The appropriation made above is contingent upon the department assessing fees sufficient to generate $425,250 in revenue for the biennium. The Department of Health is hereby authorized to transfer the appropriations made pursuant to this provision to the appropriate strategy items of the department's bill pattern.

Senate Bill 516 was vetoed by the Governor; consequently, this veto action eliminates funding proposed for the implementation of that bill.

Sec. 10.70.  Contingency Appropriation for House Bill 877. Contingent upon enactment by the Seventy-Seventh Legislature, Regular Session, of H.B. 877, or similar legislation relating to providing benefits to survivors of public safety workers killed in the line of duty, the Employees Retirement System is hereby appropriated an amount estimated to be $1,496,980 in fiscal year 2002 and $1,335,760 in fiscal year 2003 from the General Revenue Fund, and an amount estimated to be $992,520 in fiscal year 2002 and $885,040 in fiscal year 2003 from the Compensation to Victims of Crime Fund No. 469 for the purpose of implementing the provisions of that legislation.

Since the General Revenue funds listed in this rider are estimated amounts, they will be sufficient to pay for the implementation of House Bill 877; consequently, this veto action deletes the appropriation of Crime Victims Compensation funds for this purpose.

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Sec. 10.86.  Contingency Appropriation: The following contingency appropriations apply to the Texas Department of Insurance and the Office of Public Insurance Counsel.

(c) Contingency Appropriation for House Bill 2430. Contingent upon the enactment of House Bill 2430, or similar legislation relating to a consumer assistance program for health benefit plan consumers, by the Seventy-Seventh Legislature, Regular Session, the Office of Public Insurance Counsel is hereby appropriated $100,000 for fiscal year 2002 and $100,000 for fiscal year 2003 out of general revenue account 8042 Insurance Companies Maintenance Tax and Insurance Department Fee Object Code 3203 and 3215 for the purpose of implementing that Act. Also contingent upon the Texas Department of Insurance covering appropriations and applicable benefit costs, the "Number of Full-time Equivalent Positions (FTE)" are increased by three in fiscal year 2002 and three in fiscal year 2003 in the Office of Public Insurance Counsel's bill pattern.

House Bill 2430 was vetoed by the Governor; consequently, this veto action eliminates funding proposed for the implementation of that bill.

Sec. 10.87.  Contingency Appropriation for House Bill 3064 and House Joint Resolution 97. Contingent upon enactment of House Bill 3064, or similar legislation relating to the authorization of general obligation bonds, and the adoption and voter approval of HJR 97, or similar legislation, in addition to amounts appropriated elsewhere in this Act, the following and other state agencies listed in HJR 97, are hereby appropriated proceeds of the general obligation bonds or notes in the amounts specified below for construction and repair projects and equipment acquisitions for the fiscal year beginning September 1, 2002.

(a) Texas Historical Commission $45,000,000.

(b) Texas Department of Mental Health and Mental Retardation $35,000,000

(c) Equipment Acquisitions $31,500,000

(d) General Services Commission $16,484,500

(e) Adjutant General's Department $3,038,252

(f) Department of Agriculture $45,000

TOTAL $131,067,752

The Texas Historical Commission received an appropriation from general revenue for the Courthouse Preservation program in Strategy A.1.5 on page I-56 of this Act. This veto action deletes a duplicative appropriation of bond proceeds intended for the same purpose.

Sec. 10.88.  Contingency Appropriation for Senate Bill 391. Contingent upon the enactment of Senate Bill 391 or similar legislation relating to the automation of the compulsory motor vehicle inspection system, by the Seventy-Seventh Legislature, Regular Session, the Department of Public Safety is hereby appropriated $9,637,622 for fiscal year 2002 and $9,926,750 for fiscal year 2003 out of the automated inspection system account in the General Revenue Fund for the purpose of implementing that Act. All revenues in excess of these amounts deposited into the automated inspection system account in the General Revenue Fund are hereby appropriated to the Department of Public Safety for the same purposes. In no event shall the amount expended out of, or transferred from, appropriations identified by this

77th Legislature — Regular Session 84th Day

provision exceed the amount of additional revenues generated pursuant to Senate Bill 391. The department is hereby authorized to transfer the appropriation made pursuant to this provision to the appropriate strategy items listed in the department's bill pattern. Funds appropriated by this provision may be expended for capital budget purposes notwithstanding limitations on the capital budget found elsewhere in this Act.

This veto action deletes a rider that was contingent upon proposed legislation that did not pass.

Sec. 10.94. Contingency Appropriation for Senate Bill 1198. Contingent upon the enactment of Senate Bill 1198, or similar legislation relating to inspection, installation, repair, and maintenance of elevators, escalators, chairlifts, people movers, moving sidewalks, and related equipment, by the Seventy-Seventh Legislature, Regular Session, the Department of Licensing and Regulation is hereby appropriated $159,000 for fiscal year 2002 and $155,352 for fiscal year 2003 out of General Revenue for the purpose of implementing that Act. In no event shall the amount expended by this provision exceed the amount of additional revenue generated pursuant to Senate Bill 1198.

This veto action deletes a rider that was contingent upon proposed legislation that did not pass.

Sec. 10.95. Contingency for House Bill 7. Contingent upon enactment of House Bill 7 or similar legislation by the Seventy-Seventh Legislature, Regular Session, relating to creating the Office of Rural Community Affairs, and on the date by which a majority of the members of the executive committee of the Office of Rural Community Affairs have taken office:

(a) All powers, duties, obligations, rights, appropriations and other funds of the Center for Rural Health Initiatives are hereby transferred to the Office of Rural Community Affairs and the Center for Rural Health Initiatives is abolished;

(b) All powers, duties, obligations, rights, contracts, leases, records, personnel, property, and unspent and unobligated appropriations and other funds of the Department of Housing and Community Affairs related to the federal community development block grant nonentitlement program and to the community affairs and community development program that provides information, advice, and training to officials of communities of less than 10,000 people, including appropriations relating to the indirect costs and general administrative support of those programs, are hereby transferred to the Office of Rural Community Affairs; and

(c) Administration of the Texas Capital Fund by the Department of Economic Development, by rule of the Department of Housing and Community Affairs is hereby administered by the Department of Agriculture; and a fund or account administered by the Department of Economic Development relating to the federal community development block grant nonentitlement program is hereby transferred to the Office of Rural Community Affairs. Contingent upon enactment of House Bill 7 or similar legislation, the Comptroller of Public Accounts is directed to transfer to the Office of Rural Community Affairs the estimated amounts of $93,996,953 in All Funds in fiscal year 2002 and $93,996,245 in All Funds in fiscal year 2003, including approximately $90,856,552 in All Funds in fiscal year 2002 and $90,379,552 in All Funds in fiscal year 2003 from the Department of Housing and Community Affairs and approximately $3,140,401 in All Funds in fiscal year 2002 and $3,616,693 in All

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Funds in fiscal year 2003, transferred as a result of the abolishment of the Center for Rural Health Initiatives. The number of full-time-equivalent positions transferred is sixty-four, including sixteen full-time-equivalent positions from the Center for Rural Health Initiatives and forty-eight full-time-equivalent positions from the Department of Housing and Community Affairs. The Legislative Budget Board is authorized to resolve any disputes concerning the transfers mentioned above relating to the Office of Rural Community Affairs.

An additional five full-time-equivalent positions associated with information technology will be transferred from the affected agencies for which cost estimates have been provided by the Department of Information Resources.

Also contingent upon enactment of House Bill 7 or similar legislation by the Seventy-Seventh Legislature, Regular Session, relating to creating the Office of Rural Community Affairs, the agency is appropriated $1,000,000 in General Revenue in each year of the 2002-03 biennium. In addition to the full-time-equivalent positions mentioned above, the agency is hereby authorized five full-time-equivalent positions in each year of the 2002-03 biennium. The salary for the Executive Director of the Office of Rural Community Affairs is hereby authorized to be $85,000 in each year of the 2002-03 biennium.

This veto action strikes one year of the appropriation of additional funds to the Office of Rural Community Affairs, limiting the new agency to $1,000,000 for the 2002-03 biennium. Since each of the programs transferred to the new agency receive administrative funding, $1,000,000 is sufficient to cover transition expenses.

Sec. 11.01. Judicial Salaries. The following courts and agencies are hereby appropriated out of the General Revenue Fund amounts for the purpose of providing salary increases of $3,416,369 in fiscal year 2002 and $6,832,658 in fiscal year 2003 and additional benefits of $1,537,982 in fiscal year 2002 and $3,167,353 in fiscal year 2003.

(a) Appropriated amounts are to be allocated as follows:

Supreme Court $ 50,850 $ 101,700

Court of Criminal Appeals $ 50,850 $ 101,700

First Court of Appeals, Houston $ 48,312 $ 96,615

Second Court of Appeals, Fort Worth $ 37,576 $ 75,145

Third Court of Appeals, Austin $ 32,208 $ 64,410

Fourth Court of Appeals, San Antonio $ 37,576 $ 75,145

Fifth Court of Appeals, Dallas $ 69,784 $ 139,555

Sixth Court of Appeals, Texarkana $ 16,104 $ 32,205

Seventh Court of Appeals, Amarillo $ 21,472 $ 42,940

Eighth Court of Appeals, El Paso $ 21,472 $ 42,940

Ninth Court of Appeals, Beaumont $ 16,104 $ 32,205

Tenth Court of Appeals, Waco $ 16,104 $ 32,205

Eleventh Court of Appeals, Eastland $ 16,104 $ 32,205

Twelfth Court of Appeals, Tyler $ 16,104 $ 32,205

Thirteenth Court of Appeals, Corpus Christi $ 32,208 $ 64,410

Fourteenth Court of Appeals, Houston $ 48,312 $ 96,615

77th Legislature — Regular Session 84th Day

Judiciary Section, Comptroller's

Department, Strategy A.1.1

District Judge Salaries 1 $ 2,125,530 $ 4,251,060

Judiciary Section, Comptroller's

Department, Strategy A.1.5

Professional Prosecutor Salaries 2 $ 686,475 $ 1,372,950

Judiciary Section, Comptroller's

Department, Strategies A.1.4 and

A.1.8 District Attorney and Felony

Prosecutor Salaries $ 73,224 $ 146,448

Subtotal, Salaries $ 3,416,369 $ 6,832,658

Employees Retirement System

Contribution to the Judicial

Retirement System, Plan 1 $ 1,136,679 $ 2,337,012

Contribution to the Judicial

Retirement System, Plan 2 $ 401,303 $ 830,341

Subtotal, JRS Contribution $ 1,537,982 $ 3,167,353

TOTAL, Salaries and Benefits $ 4,954,351 $ 10,000,011

(b) The additional funding shall increase salaries to the following amounts:

Chief Justice of the Supreme Court $ 120,650 $ 126,300

Presiding Judge of the Court of

Criminal Appeals $ 120,650 $ 126,300

Justices of the Supreme Court $ 118,650 $ 124,300

Judges of the Court of Criminal Appeals $ 118,650 $ 124,300

Chief Justices of the Courts of Appeals $ 113,218 $ 118,585

Justices of the Courts of Appeals $ 112,718 $ 118,085

District Judges $ 106,785 $ 111,870

District Attorneys (Professional

Prosecutors Act) $ 106,785 $ 111,870

District Attorneys $ 85,428 $ 89,496

County Attorney, Oldham County $ 56,928 $ 60,996

This veto action deletes the first year of the proposed increase in judicial salaries, bringing the total increase more in line with that proposed for state employees.

Sec. 11.02. Contingency for House Bill 2. Contingent upon enactment of House Bill 2, or similar legislation by the Seventy-Seventh Legislature, Regular Session, relating to the regulation of political contributions, political expenditures, and political advertising, the Texas Ethics Commission is hereby appropriated $100,000 in fiscal year 2002 out of the General Revenue Fund for the revision of campaign finance filing guides and instructions, prescribing new forms, making modifications to the electronic filing software and databases, and distribution of new forms, instructions, and software. The appropriation made herein is contingent upon the Comptroller of Public Accounts certifying that funds will be available.

This veto action deletes a rider that was contingent upon proposed legislation that did not pass.

Sec. 11.04.  Contingency for Senate Bill 940. Contingent upon enactment of Senate Bill 940, or similar legislation relating to the establishment of the Joint Admission

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Medical Program to assist certain economically disadvantaged students in preparing for and succeeding in medical school, by the Seventy-Seventh Legislature, Regular Session, an amount of $1,050,000 in fiscal year 2002 and $3,124,000 in fiscal year 2003 in general revenue is hereby appropriated to implement the provisions of that legislation. The health-related institutions which participate in the Joint Admission Medical Program shall be allocated a proportionate amount of available funding based upon the provisions set forth in Senate Bill 940.

HB 2879 appropriated funding for the implementation of Senate Bill 940; consequently, this rider is no longer necessary.

Sec. 11.12.  Contingency Appropriation, New District Courts. Contingent on the enactment of House Bill 3171, or similar legislation by the Seventy-Seventh Legislature, Regular Session, the Judiciary Section, Comptroller's Department is hereby appropriated out of the General Revenue Fund $106,785 in fiscal year 2002 and $111,870 in fiscal year 2003 for each additional district court created effective September 1, 2001 and a pro rata amount out of the General Revenue Fund for each additional district court created with an effective date after September 1, 2001. (Estimated to be $1,530,585). Also contingent on the enactment of House Bill 3171, or similar legislation, the "Number of Full-Time-Equivalent Positions (FTE)" for the Judiciary Section, Comptroller's Department is hereby increased by one FTE in fiscal years 2002 and 2003 for each district court created. (Estimated to be seven FTEs).

This veto action deletes a rider that was contingent upon proposed legislation that did not pass.

Sec. 11.28.  Contingency Appropriation for House Bill 2513. Contingent upon the enactment of House Bill 2513, or similar legislation relating to financial assistance for persons seeking certification as public school teachers, including revisions to the Teach for Texas Grant program, the State Board for Educator Certification is appropriated $5,000,000 in General Revenue in each year of the 2002-2003 biennium for the Teach for Texas Alternative Certification Program and $211,255 in fiscal year 2002 and $135,255 in fiscal year 2003 for the purpose of implementing the Act; and the "Number of Full-Time-Equivalent Positions" (FTE) figure indicated for the State Board for Educator Certification is hereby increased by 2.0 in fiscal year 2002 and 2.0 in fiscal year 2003.

Also contingent upon passage of the aforementioned legislation, the Higher Education Coordinating Board is appropriated $3,000,000 in General Revenue in fiscal year 2002 and $8,000,000 in General Revenue in fiscal year 2003 for the Teach for Texas Grant Program. Out of this appropriation, the Board may retain $179,642 in each year 2002 and $139,642 in fiscal year 2003 for administration of the program.

Also contingent upon the enactment of House Bill 2513 or similar legislation, the "Number of Full-Time-Equivalent Positions" (FTE) figure indicated for the Higher Education Coordinating Board is hereby increased by 4.0 in fiscal year 2002 and 4.0 in fiscal year 2003.

This veto action deletes a rider that duplicates the provisions of another rider in this Act. Article IX, Sec. 11.20 provides funding for similar programs and activities.

Sec. 11.30. Contingent Appropriation for House Bill 3452. Contingent upon the enactment of House Bill 3452 and the transfer of the funds in the Smart Jobs Trust Fund 891 to a new general revenue-dedicated account, the Texas Workforce Commission is hereby appropriated an amount from the new general revenue-dedicated account necessary to bring the balance of the Unemployment Compensation Fund from a deficit to the designated floor amount. The Texas

77th Legislature — Regular Session 84th Day

Workforce Commission must have received authorization from the Legislative Budget Board and the Governor to access the amount requested for the appropriation to be available for transfer to the Unemployment Compensation Fund.

This veto action deletes a rider that was contingent upon proposed legislation that did not pass.

I have signed Senate Bill No. 1 together with this proclamation stating my objections to individual items of appropriation therein. In accordance with Article IV, Section 14 of the Texas Constitution, individual items of appropriation objected to shall be of no force or effect. The remaining portions of the bill shall be effective according to its terms. Since the Legislature by its adjournment has prevented the return of this bill, I am filing this bill and these objections in the office of the Secretary of State and giving notice thereof by this public proclamation according to the aforementioned constitutional provision.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 17th day of June, 2001.

/s/Rick Perry

Governor of Texas

ATTESTED BY:

/s/Henry Cuellar, Ph.D.

Secretary of State

PROCLAMATION

BY THE

GOVERNOR OF THE STATE OF TEXAS

Austin, Texas

June 17, 2001

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto Senate Bill No. 144 passed by the Seventy-Seventh Texas Legislature, Regular Session, because of the following objections:

Senate Bill No. 144 was crafted inappropriately to except a group of chiropractors from health licensure. Licensure standards should be applied consistently.

Since the Legislature by its adjournment has prevented the return of this bill, I am filing these objections in the office of the Secretary of State and giving notice thereof by this public proclamation according to the aforementioned constitutional provision.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 17th day of June, 2001.

/s/Rick Perry

Governor of Texas

ATTESTED BY:

/s/Henry Cuellar, Ph.D.

Secretary of State

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SENATE JOURNAL

PROCLAMATION

BY THE

GOVERNOR OF THE STATE OF TEXAS

Austin, Texas

June 17, 2001

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto Senate Bill No. 161 passed by the Seventy-Seventh Texas Legislature, Regular Session, because of the following objections:

Senate Bill No. 161 is unnecessary because Texas can already provide the services outlined in the legislation without additional statutory authority. The state already offers two critical transitional services to all those leaving the Temporary Assistance for Needy Families welfare-to-work program: child care and health insurance. Furthermore, this bill has considerable fiscal implications that were not funded in the state's budget.

Since the Legislature by its adjournment has prevented the return of this bill, I am filing these objections in the office of the Secretary of State and giving notice thereof by this public proclamation according to the aforementioned constitutional provision.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 17th day of June, 2001.

/s/Rick Perry

Governor of Texas

ATTESTED BY:

/s/Henry Cuellar, Ph.D.

Secretary of State

PROCLAMATION

BY THE

GOVERNOR OF THE STATE OF TEXAS

Austin, Texas

June 17, 2001

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto Senate Bill No. 173 passed by the Seventy-Seventh Texas Legislature, Regular Session, because of the following objections:

Senate Bill No. 173 would prohibit persons from paying a percentage of a cash bond as local authorities now permit. Local authorities should decide the procedures they want to use for bonds.

Since the Legislature by its adjournment has prevented the return of this bill, I am filing these objections in the office of the Secretary of State and giving notice

77th Legislature — Regular Session 84th Day

thereof by this public proclamation according to the aforementioned constitutional provision.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 17th day of June, 2001.

/s/Rick Perry

Governor of Texas

ATTESTED BY:

/s/Henry Cuellar, Ph.D.

Secretary of State

PROCLAMATION

BY THE

GOVERNOR OF THE STATE OF TEXAS

Austin, Texas

June 17, 2001

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto Senate Bill No. 279 passed by the Seventy-Seventh Texas Legislature, Regular Session, because of the following objections:

Senate Bill No. 279 would repeal provisions enacted during the 76th Legislature which made confidential certain information gathered by the Texas Department of Health under subpeona or compiled in connection with a complaint and investigation. Information obtained through a subpeona should remain confidential.

Since the Legislature by its adjournment has prevented the return of this bill, I am filing these objections in the office of the Secretary of State and giving notice thereof by this public proclamation according to the aforementioned constitutional provision.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 17th day of June, 2001.

/s/Rick Perry

Governor of Texas

ATTESTED BY:

/s/Henry Cuellar, Ph.D.

Secretary of State

PROCLAMATION

BY THE

GOVERNOR OF THE STATE OF TEXAS

Austin, Texas

June 17, 2001

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto Senate Bill No. 350 passed

Monday, May 28, 2001

SENATE JOURNAL

by the Seventy-Seventh Texas Legislature, Regular Session, because of the following objections:

Senate Bill No. 350 restates authority that school districts already have under current law to pay contractors at rates established by the locally elected board of trustees and is thus unnecessary.

Since the Legislature by its adjournment has prevented the return of this bill, I am filing these objections in the office of the Secretary of State and giving notice thereof by this public proclamation according to the aforementioned constitutional provision.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 17th day of June, 2001.

/s/Rick Perry

Governor of Texas

ATTESTED BY:

/s/Henry Cuellar, Ph.D.

Secretary of State

PROCLAMATION

BY THE

GOVERNOR OF THE STATE OF TEXAS

Austin, Texas

June 17, 2001

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto Senate Bill No. 354 passed by the Seventy-Seventh Texas Legislature, Regular Session, because of the following objections:

Senate Bill No. 354 would deny local government corporations the ability to choose the least expensive and most effective procurement method.

There is evidence that design-build and build-operate approaches have saved time and money on certain public works projects with no loss of quality. Enactment of this bill would curtail local government corporations' effectiveness as economic development entities.

Since the Legislature by its adjournment has prevented the return of this bill, I am filing these objections in the office of the Secretary of State and giving notice thereof by this public proclamation according to the aforementioned constitutional provision.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 17th day of June, 2001.

/s/Rick Perry

Governor of Texas

ATTESTED BY:

/s/Henry Cuellar, Ph.D.

Secretary of State

77th Legislature — Regular Session 84th Day

PROCLAMATION

BY THE

GOVERNOR OF THE STATE OF TEXAS

Austin, Texas

June 17, 2001

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto Senate Bill No. 512 passed by the Seventy-Seventh Texas Legislature, Regular Session, because of the following objections:

Senate Bill No. 512 erodes the constitutional power of the State Board of Education. By establishing an investment advisory committee appointed by officers of the legislature and allowing the comptroller to have the power to void agreements entered into by the State Board of Education, Senate Bill No. 512 would alter the balance of power constitutionally vested in the board to make decisions regarding the Permanent School Fund.

The State Board of Education must remain vigilant in its efforts to act responsibly in all actions and avoid even the slightest appearance of impropriety, particularly with respect to the Permanent School Fund. In doing so, the Board should adopt ethics provisions similiar to those in the proposed legislation and the Subcommittee on Finance should undertake its own actions to obtain expert advice on investment decisions.

The Chair of the State Board of Education and the Commissioner of Education are gubernatorial appointees. They have the constitutional and statutory authority necessary to enact many of the provisions of Senate Bill No. 512 to ensure fiduciary responsibility, sound investment practices, and the integrity of the investment process. It is by these means that the proposed changes to the practices and procedures of the State Board of Education should be addressed.

Since the Legislature by its adjournment has prevented the return of this bill, I am filing these objections in the office of the Secretary of State and giving notice thereof by this public proclamation according to the aforementioned constitutional provision.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 17th day of June, 2001.

/s/Rick Perry

Governor of Texas

ATTESTED BY:

/s/Henry Cuellar, Ph.D.

Secretary of State

Monday, May 28, 2001

SENATE JOURNAL

PROCLAMATION

BY THE

GOVERNOR OF THE STATE OF TEXAS

Austin, Texas

June 17, 2001

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto Senate Bill No. 516 passed by the Seventy-Seventh Texas Legislature, Regular Session, because of the following objections:

Senate Bill No. 516 would compromise the integrity of the medical licensure act by allowing a person who failed one portion of the medical licensure exam to retake that portion up to six times if they agree to practice in a rural community with a population of less than 50,000. I support efforts to provide needed and qualified relief to rural physicians, but I cannot support the provision of substandard care to rural counties.

Since the Legislature by its adjournment has prevented the return of this bill, I am filing these objections in the office of the Secretary of State and giving notice thereof by this public proclamation according to the aforementioned constitutional provision.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 17th day of June, 2001.

/s/Rick Perry

Governor of Texas

ATTESTED BY:

/s/Henry Cuellar, Ph.D.

Secretary of State

PROCLAMATION

BY THE

GOVERNOR OF THE STATE OF TEXAS

Austin, Texas

June 17, 2001

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto Senate Bill No. 575 passed by the Seventy-Seventh Texas Legislature, Regular Session, because of the following objections:

Senate Bill No. 575 would exempt certain programs from the Texas Youth Camp Safety and Health Act. The need for this exemption has not been demonstrated at this time.

Since the Legislature by its adjournment has prevented the return of this bill, I am filing these objections in the office of the Secretary of State and giving notice

77th Legislature — Regular Session 84th Day

thereof by this public proclamation according to the aforementioned constitutional provision.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 17th day of June, 2001.

/s/Rick Perry

Governor of Texas

ATTESTED BY:

/s/Henry Cuellar, Ph.D.

Secretary of State

PROCLAMATION

BY THE

GOVERNOR OF THE STATE OF TEXAS

Austin, Texas

June 17, 2001

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto Senate Bill No. 697 passed by the Seventy-Seventh Texas Legislature, Regular Session, because of the following objections:

Senate Bill No. 697 permits the imposition of a registration requirement and a fee on private-sector engineers who are currently exempt from licensing. The state should not take action that would exacerbate the current shortage of engineers in Texas.

Since the Legislature by its adjournment has prevented the return of this bill, I am filing these objections in the office of the Secretary of State and giving notice thereof by this public proclamation according to the aforementioned constitutional provision.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 17th day of June, 2001.

/s/Rick Perry

Governor of Texas

ATTESTED BY:

/s/Henry Cuellar, Ph.D.

Secretary of State

PROCLAMATION

BY THE

GOVERNOR OF THE STATE OF TEXAS

Austin, Texas

June 17, 2001

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto Senate Bill No. 730 passed

Monday, May 28, 2001

SENATE JOURNAL

by the Seventy-Seventh Texas Legislature, Regular Session, because of the following objections:

Senate Bill No. 730 limits a peace officer's authority to arrest for a traffic violation to four specific situations. Peace officers should retain their existing authority to use their discretion to arrest for a traffic violation.

Since the Legislature by its adjournment has prevented the return of this bill, I am filing these objections in the office of the Secretary of State and giving notice thereof by this public proclamation according to the aforementioned constitutional provision.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 17th day of June, 2001.

/s/Rick Perry

Governor of Texas

ATTESTED BY:

/s/Henry Cuellar, Ph.D.

Secretary of State

PROCLAMATION

BY THE

GOVERNOR OF THE STATE OF TEXAS

Austin, Texas

June 17, 2001

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto Senate Bill No. 769 passed by the Seventy-Seventh Texas Legislature, Regular Session, because of the following objections:

Senate Bill No. 769 unintentionally conflicts with House Bill No. 596 by referring to provisions of the Family Code which House Bill No. 596 repeals. This conflict creates confusion as to the intent of the legislation and its application.

Since the Legislature by its adjournment has prevented the return of this bill, I am filing these objections in the office of the Secretary of State and giving notice thereof by this public proclamation according to the aforementioned constitutional provision.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 17th day of June, 2001.

/s/Rick Perry

Governor of Texas

ATTESTED BY:

/s/Henry Cuellar, Ph.D.

Secretary of State

77th Legislature — Regular Session 84th Day

PROCLAMATION

BY THE

GOVERNOR OF THE STATE OF TEXAS

Austin, Texas

June 17, 2001

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto Senate Bill No. 791 passed by the Seventy-Seventh Texas Legislature, Regular Session, because of the following objections:

Senate Bill No. 791 would repeal provisions enacted during the 76th Legislature which made certain information gathered by the Texas Department of Health under subpoena or compiled in connection with a complaint and investigation confidential. Information gathered by a regulatory agency through subpoena should retain some degree of confidentiality.

Since the Legislature by its adjournment has prevented the return of this bill, I am filing these objections in the office of the Secretary of State and giving notice thereof by this public proclamation according to the aforementioned constitutional provision.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 17th day of June, 2001.

/s/Rick Perry

Governor of Texas

ATTESTED BY:

/s/Henry Cuellar, Ph.D.

Secretary of State

PROCLAMATION

BY THE

GOVERNOR OF THE STATE OF TEXAS

Austin, Texas

June 17, 2001

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto Senate Bill No. 846 passed by the Seventy-Seventh Texas Legislature, Regular Session, because of the following objections:

Senate Bill No. 846 would undermine local control over municipal payroll deductions by mandating that certain municipalities provide for certain payroll deductions. Those municipalities currently have the authority to do so and the state should not require that they exercise that authority.

Monday, May 28, 2001

SENATE JOURNAL

Since the Legislature by its adjournment has prevented the return of this bill, I am filing these objections in the office of the Secretary of State and giving notice thereof by this public proclamation according to the aforementioned constitutional provision.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 17th day of June, 2001.

/s/Rick Perry

Governor of Texas

ATTESTED BY:

/s/Henry Cuellar, Ph.D.

Secretary of State

PROCLAMATION

BY THE

GOVERNOR OF THE STATE OF TEXAS

Austin, Texas

June 17, 2001

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto Senate Bill No. 904 passed by the Seventy-Seventh Texas Legislature, Regular Session, because of the following objections:

Senate Bill No. 904 would discourage victims of family violence from reporting abuse and would undermine recent efforts to encourage these victims to seek the protection they need.

Since the Legislature by its adjournment has prevented the return of this bill, I am filing these objections in the office of the Secretary of State and giving notice thereof by this public proclamation according to the aforementioned constitutional provision.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 17th day of June, 2001.

/s/Rick Perry

Governor of Texas

ATTESTED BY:

/s/Henry Cuellar, Ph.D.

Secretary of State

PROCLAMATION

BY THE

GOVERNOR OF THE STATE OF TEXAS

Austin, Texas

June 17, 2001

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto Senate Bill No. 1156 passed

77th Legislature — Regular Session 84th Day

by the Seventy-Seventh Texas Legislature, Regular Session, because of the following objections:

I support consolidating more of the Medicaid program at the Health and Human Services Commission. This consolidation, which is already authorized under existing law, will provide more oversight and greater opportunity for program efficiency. Therefore, I am directing the commission to proceed with the consolidation plans.

However, Senate Bill No. 1156 would also require numerous programmatic changes, including the development and implementation of several demonstration projects, that must be conducted concurrently with the reorganization. Over the next few months, the commission's primary focus must be on ensuring sound and effective management of the Medicaid program as well as implementing other legislation, such as simplifying eligibility and enrollment for children.

The commission may, after appropriate public hearing and complete fiscal analysis, also pursue proposals included within this bill that will improve the health of Texans, yield cost savings and increase program efficiency and effectiveness.

Since the Legislature by its adjournment has prevented the return of this bill, I am filing these objections in the office of the Secretary of State and giving notice thereof by this public proclamation according to the aforementioned constitutional provision.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 17th day of June, 2001.

/s/Rick Perry

Governor of Texas

ATTESTED BY:

/s/Henry Cuellar, Ph.D.

Secretary of State

PROCLAMATION

BY THE

GOVERNOR OF THE STATE OF TEXAS

Austin, Texas

June 17, 2001

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto Senate Bill No. 1210 passed by the Seventy-Seventh Texas Legislature, Regular Session, because of the following objections:

Senate Bill No. 1210 is overly broad, vague, and restricts the ability of judges across the state to hire qualified judicial clerks, who are instrumental to the functioning of courts.

Since the Legislature by its adjournment has prevented the return of this bill, I am filing these objections in the office of the Secretary of State and giving notice

Monday, May 28, 2001

SENATE JOURNAL

thereof by this public proclamation according to the aforementioned constitutional provision.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 17th day of June, 2001.

/s/Rick Perry

Governor of Texas

ATTESTED BY:

/s/Henry Cuellar, Ph.D.

Secretary of State

PROCLAMATION

BY THE

GOVERNOR OF THE STATE OF TEXAS

Austin, Texas

June 17, 2001

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto Senate Bill No. 1224 passed by the Seventy-Seventh Texas Legislature, Regular Session, because of the following objections:

Senate Bill No. 1224 attempts to improve public safety but is overly broad and would result in restraint of trade. Additionally, it would give bail bond companies the power to make arrests under certain circumstances.

Since the Legislature by its adjournment has prevented the return of this bill, I am filing these objections in the office of the Secretary of State and giving notice thereof by this public proclamation according to the aforementioned constitutional provision.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 17th day of June, 2001.

/s/Rick Perry

Governor of Texas

ATTESTED BY:

/s/Henry Cuellar, Ph.D.

Secretary of State

PROCLAMATION

BY THE

GOVERNOR OF THE STATE OF TEXAS

Austin, Texas

June 17, 2001

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto Senate Bill No. 1411 passed

77th Legislature — Regular Session 84th Day

by the Seventy-Seventh Texas Legislature, Regular Session, because of the following objections:

Senate Bill No. 1411 is unnecessary as it contains provisions substantially similiar to provisions included in House Bill No. 3507, which I have signed into law.

Since the Legislature by its adjournment has prevented the return of this bill, I am filing these objections in the office of the Secretary of State and giving notice thereof by this public proclamation according to the aforementioned constitutional provision.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 17th day of June, 2001.

/s/Rick Perry

Governor of Texas

ATTESTED BY:

/s/Henry Cuellar, Ph.D.

Secretary of State

PROCLAMATION

BY THE

GOVERNOR OF THE STATE OF TEXAS

Austin, Texas

June 17, 2001

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto Senate Bill No. 1654 passed by the Seventy-Seventh Texas Legislature, Regular Session, because of the following objections:

Although Senate Bill No. 1654 is ostensibly aimed at protecting consumers, I am concerned that its practical effect will be to invite litigation, which, in turn, would ultimately increase costs to the very consumers it seeks to protect.

Since the Legislature by its adjournment has prevented the return of this bill, I am filing these objections in the office of the Secretary of State and giving notice thereof by this public proclamation according to the aforementioned constitutional provision.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 17th day of June, 2001.

/s/Rick Perry

Governor of Texas

ATTESTED BY:

/s/Henry Cuellar, Ph.D.

Secretary of State

Monday, May 28, 2001

SENATE JOURNAL

PROCLAMATION

BY THE

GOVERNOR OF THE STATE OF TEXAS

Austin, Texas

June 17, 2001

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto Senate Bill No. 1713 passed by the Seventy-Seventh Texas Legislature, Regular Session, because of the following objections:

Senate Bill No. 1713 authorizes peace officers from other states to possess their weapons at any time and in any place in Texas, like Texas peace officers may, without consideration of reciprocity with other states.

Since the Legislature by its adjournment has prevented the return of this bill, I am filing these objections in the office of the Secretary of State and giving notice thereof by this public proclamation according to the aforementioned constitutional provision.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 17th day of June, 2001.

/s/Rick Perry

Governor of Texas

ATTESTED BY:

/s/Henry Cuellar, Ph.D.

Secretary of State

77th Legislature — Regular Session 84th Day

In Memory

of

Thomas Noel Haywood

Senator Truan offered the following resolution:

(Senate Resolution 1271)

WHEREAS, The Senate of the State of Texas joins the family and friends of Thomas Noel Haywood in mourning his untimely death on May 27, 2001; and

WHEREAS, A graduate of Rider High School in Wichita Falls, he had worked for his father's consulting business and with various campaign staffs since 1994; and

WHEREAS, A generous and giving young man, Thomas was a loving father, son, and brother who brought joy into the lives of his daughter, parents, and sisters; and

WHEREAS, Active in the life of his community, Thomas was a member of the First United Methodist Church in Wichita Falls and a former Eagle Scout; and

WHEREAS, His memory will live on in the hearts and minds of all who knew and cherished him, and his presence will be deeply missed; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby extend sincere condolences to the family of Thomas Noel Haywood: his daughter, Kelsey; his parents, Senator Tom Haywood and Pat Haywood; and his sisters, Jamie Ratliff, Alisa Green, and Denise Haywood; 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 Thomas Noel Haywood.

The resolution was read.

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

On motion of Senator Truan and by unanimous consent, the resolution was adopted by a rising vote of the Senate.