Thursday, January 11, 2001

SENATE JOURNAL

THIRD DAY

Thursday, January 11, 2001

PROCEEDINGS

The Senate met at 9:00 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, Duncan, Ellis, Fraser, Gallegos, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, Wentworth, West, Whitmire, Zaffirini, Mr. President.

Absent-excused:  Carona, Harris.

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

Dr. Harold E. O'Chester, Great Hills Baptist Church, Austin, offered the invocation as follows:

Father God, I am so grateful for the privilege of asking You to help us set our priorities and keep our promises. I enter this day with its challenges, its problems, its unknowns, and we enter it linked to You. We acknowledge You as our God, able to direct us, ready to protect us, certain to help us, and faithful to nurture us.

With praise to You, we realize that the doorway to freedom opens before us. Help us not to have any hesitation about walking forward. Knowing that each of our steps are directed by You, our living Lord, we simply in faith enter into the chores of this day and this session of this chamber.

It is inspiring, heavenly father, to read Your word, which says, "If any lack wisdom, let him ask of God, who gives to all liberally and without reproach, and it will be given to him." You knew it all along, of course, that more than anything, other than forgiveness, we needed wisdom.

You underscored in Your word, how appropriate it was that Solomon, having the choice of asking anything he wished, asked for wisdom rather than riches. Now as I come before You today, Lord, I feel very much like Solomon. We are too inclined to seek a shortcut to solutions. We are too quick to suppose easy answers are forthcoming. I am here to make one request. I believe You are ready—more than ready—to give these men and women wisdom for today, wisdom for their decisions, wisdom for our conversations, and wisdom for touching others with Your love.

I believe this because You said You would freely give to those who ask and because You have made our Lord to become wisdom for us and unto us. And it is in His name I pray. Amen.

77th Legislature — Regular Session 3rd Day

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

LEAVES OF ABSENCE

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

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

CO-AUTHOR OF SENATE BILL 22

On motion of Senator Shapiro and by unanimous consent, Senator Wentworth will be shown as Co-author of SB 22.

CO-AUTHOR OF SENATE BILL 117

On motion of Senator Wentworth and by unanimous consent, Senator Moncrief will be shown as Co-author of SB 117.

SENATE BILLS AND RESOLUTIONS ON FIRST READING

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

SB 11 by Nelson, Bernsen, Lindsay, Shapiro, Shapleigh, Wentworth, Ellis

Relating to protecting the privacy of medical records; providing penalties.

To Committee on Business and Commerce.

SB 101 by Nelson

Relating to an evaluation of required copayments from recipients of medical assistance through managed care.

To Committee on Business and Commerce.

SB 102 by Nelson, West

Relating to the regulation of cloning of human beings; providing a civil penalty.

To Committee on Jurisprudence.

SB 103 by Nelson

Relating to the prosecution of and the punishment for certain offenses involving damage or destruction of property.

To Committee on Criminal Justice.

SB 104 by Van de Putte

Relating to requiring continuing education for teachers in the detection of child abuse and neglect.

To Committee on Education.

SB 105 by Carona

Relating to the refund of certain consumer loan acquisition charges.

To Committee on Business and Commerce.

SB 106 by Cain, Barrientos

Relating to the possession, use, and delivery of certain controlled substances and volatile chemicals; providing penalties.

To Committee on Criminal Justice.

Thursday, January 11, 2001

SENATE JOURNAL

SB 107 by Barrientos

Relating to requiring sex offenders released on community supervision, parole, or mandatory supervision to maintain a certain distance from any premises where children frequently gather.

To Committee on Criminal Justice.

SB 108 by Lucio, Van de Putte, Wentworth, Duncan

Relating to the first and final days of instruction of a school year for public school students and to the first day of instruction of the first term of summer session for students at general academic teaching institutions.

To Committee on Education.

SB 109 by Cain

Relating to the creation of a judicial district composed of Kaufman County.

To Committee on Jurisprudence.

SB 110 by Madla

Relating to use of the design-build method for construction or repair projects by the Texas Department of Criminal Justice.

To Committee on Criminal Justice.

SB 111 by Moncrief

Relating to the release of certain information relating to motor vehicle accidents and the disclosure of certain personal information from motor vehicle records; providing penalties.

To Committee on State Affairs.

SB 112 by Moncrief

Relating to the issuance of a written notice to appear for certain traffic offenses.

To Committee on Jurisprudence.

SB 113 by Moncrief, Duncan

Relating to vehicle passenger safety systems.

To Committee on Jurisprudence.

SB 114 by Madla, Bernsen

Relating to delegation of certain acts by dentists.

To Committee on Health and Human Services.

SB 115 by Madla, Bernsen

Relating to creating a foundation to finance health programs in the rural areas of the state.

To Committee on Health and Human Services.

SB 116 by Wentworth

Relating to authorizing the board of trustees of an independent school district to donate certain surplus district property to a municipality, county, or nonprofit organization in order to preserve the property.

To Committee on Education.

SB 117 by Wentworth, Moncrief

Relating to the statute of limitations for purposes of prosecuting certain felony sex offenses.

To Committee on Criminal Justice.

77th Legislature — Regular Session 3rd Day

SB 118 by Wentworth

Relating to the applicability to judicial officers of certain prohibitions against the carrying of handguns or other weapons.

To Committee on Jurisprudence.

SB 119 by Wentworth

Relating to establishing a procedure for postconviction DNA testing.

To Committee on Jurisprudence.

SB 120 by Wentworth

Relating to the sealing of certain affidavits on which search warrants are based.

To Committee on Jurisprudence.

SB 121 by Truan, Shapleigh

Relating to the administration of adult and community education programs.

To Committee on Business and Commerce.

SB 122 by Madla

Relating to the authorized use of an unmarked vehicle by a municipal employee to conduct a fraud investigation.

To Committee on Intergovernmental Relations.

SB 123 by Lindsay

Relating to the appointment of the governing board of certain metropolitan rapid transit authorities.

To Committee on Intergovernmental Relations.

SB 124 by Shapiro

Relating to electronic reporting of political contributions and expenditures for certain candidates and officeholders.

To Committee on State Affairs.

SB 125 by Shapiro

Relating to the preparation and submission of the state low income housing annual report and plan.

To Committee on Intergovernmental Relations.

SB 126 by Madla

Relating to the creation and funding of the Rural Communities Health Care Investment Program to attract and retain rural health care professionals.

To Committee on Intergovernmental Relations.

SB 127 by Staples

Relating to a statewide group insurance program for employees and retirees of school districts.

To Committee on Education.

SB 128 by Shapiro

Relating to the statute of limitations for purposes of prosecuting certain felony sex offenses.

To Committee on Criminal Justice.

Thursday, January 11, 2001

SENATE JOURNAL

SB 129 by Duncan, Ellis

Relating to the appointment and nonpartisan retention or rejection of appellate justices and judges and to elimination of a straight-party vote in connection with district judges.

To Committee on Jurisprudence.

SB 130 by Cain, Carona, Moncrief, Shapleigh, West, Bernsen, Ellis, Shapiro, Madla

Relating to character education in primary and secondary schools.

To Committee on Education.

SB 131 by Wentworth

Relating to the length of time during which a state governmental body must post notice of a meeting under the open meetings law.

To Committee on State Affairs.

SB 132 by Wentworth

Relating to access to criminal history record information concerning volunteers with certain programs providing activities to children.

To Committee on Criminal Justice.

SB 133 by West, Moncrief, Zaffirini

Relating to the admissibility in a criminal trial of race or ethnicity as a predictor of future criminal behavior.

To Committee on Criminal Justice.

SB 134 by Madla

Relating to the authority of a commissioners court of a county to make payroll deductions at the request of a county employee.

To Committee on Intergovernmental Relations.

SB 135 by Carona

Relating to a statewide group insurance program for employees and retirees of school districts.

To Committee on Education.

SB 136 by Lindsay

Relating to a payment to a children's advocacy center by a defendant made as a condition of community supervision.

To Committee on Criminal Justice.

SB 137 by Gallegos

Relating to the transfer of jurisdiction over the San Jacinto Battleground and the Battleship "Texas" from the Parks and Wildlife Department to the Texas Historical Commission.

To Committee on Natural Resources.

SB 138 by Madla

Relating to the punishment of the offenses of public lewdness and indecent exposure.

To Committee on Criminal Justice.

SB 139 by Carona, Barrientos

Relating to the prosecution of the offense of harassment.

To Committee on Criminal Justice.

77th Legislature — Regular Session 3rd Day

SB 140 by Moncrief, Bernsen, Nelson, Shapiro

Relating to the appointment of a person who has a history of abuse or neglect as a sole managing conservator.

To Committee on Jurisprudence.

SB 141 by Moncrief, Van de Putte, Nelson

Relating to requiring disclaimers on certain advertisements that offer homestead designation services.

To Committee on Business and Commerce.

SB 142 by Shapleigh

Relating to the authority of a judge of a district or county court to try a civil case at an institution of higher education.

To Committee on Jurisprudence.

SB 143 by Shapleigh

Relating to a coordinated economic development plan for the state.

To Committee on Business and Commerce.

SB 144 by Carona

Relating to the qualifications for a license or provisional license to practice chiropractic.

To Committee on Health and Human Services.

SB 145 by Carona

Relating to chiropractic facility licenses issued by the Texas Board of Chiropractic Examiners.

To Committee on Health and Human Services.

SB 146 by Wentworth

Relating to the basic allotment under the Foundation School Program for mid-sized school districts.

To Committee on Education.

SB 147 by Wentworth

Relating to the reapportionment of state legislative, congressional, and judicial districts and the creation, function, and duties of the Texas Redistricting Commission.

To Committee on Redistricting.

SB 148 by Shapiro

Relating to a stop or arrest for violation of certain traffic laws by a person licensed by the United States Department of State or who claims diplomatic immunity.

To Committee on Jurisprudence.

SB 149 by Carona

Relating to the colleges and universities eligible to participate in the tuition equalization grant program.

To Committee on Education.

SB 150 by Barrientos

Relating to supervision of defendants by community supervision and corrections departments.

To Committee on Criminal Justice.

Thursday, January 11, 2001

SENATE JOURNAL

SB 151 by Gallegos

Relating to the number of members of a commissioners court constituting a quorum.

To Committee on Intergovernmental Relations.

SB 152 by Carona

Relating to the appeal of certain determinations by the Texas Board of Chiropractic Examiners.

To Committee on Health and Human Services.

SB 153 by Lindsay

Relating to the regulation of fireworks by certain counties; providing a criminal penalty.

To Committee on Intergovernmental Relations.

SB 154 by Truan, Moncrief

Relating to a requirement that information about anatomical gifts be included in the curriculum of certain driver education and driving safety courses.

To Committee on State Affairs.

SB 155 by Truan

Relating to the authority of a municipality to use a design-build contract for public improvement projects and facilities.

To Committee on Intergovernmental Relations.

SB 156 by Truan, Carona

Relating to consideration of assets and resources for purposes of determining eligibility of children for Medicaid.

To Committee on Health and Human Services.

SB 157 by Truan, West

Relating to the form of a proposal guaranty for a contract of the Texas Department of Transportation.

To Committee on State Affairs.

SB 158 by Truan

Relating to counseling public school students regarding higher education.

To Committee on Education.

SB 159 by Zaffirini

Relating to establishing a competitive grant program for projects that are designed to improve the quality of life for residents of a convalescent or nursing home and that could serve as a model of best practices for the convalescent and nursing home industry.

To Committee on Health and Human Services.

SB 160 by Zaffirini

Relating to incentive programs and employment services to benefit certain recipients of financial assistance.

To Committee on Business and Commerce.

SB 161 by Zaffirini, Lucio

Relating to authorizing transitional support services to former recipients of TANF benefits.

To Committee on Health and Human Services.

77th Legislature — Regular Session 3rd Day

SB 162 by Lindsay

Relating to the regulation of aerial fireworks by certain counties; providing a criminal penalty.

To Committee on Intergovernmental Relations.

SB 163 by Nelson

Relating to the circumstances under which a witness in a criminal case may be excluded from the courtroom.

To Committee on Jurisprudence.

SB 164 by Madla

Relating to officers authorized by law to hold an inquest.

To Committee on Jurisprudence.

SB 165 by Madla

Relating to reimbursement for the costs of transportation of a student to a magnet school.

To Committee on Education.

SB 166 by Madla

Relating to single-member trustee districts for certain school districts.

To Committee on Education.

SB 167 by Zaffirini

Relating to the establishment of an interagency plan for coordinating case management services for certain recipients of financial assistance.

To Committee on Business and Commerce.

SB 168 by Zaffirini

Relating to inspection by the Department of Protective and Regulatory Services of child-care facilities, child-placing agencies, and family homes.

To Committee on Health and Human Services.

SB 169 by Zaffirini

Relating to the compensation to victims of sexual assault for relocation and housing rental expenses.

To Committee on Criminal Justice.

SB 170 by Wentworth, Zaffirini

Relating to the application of the open meetings law to attendance at a legislative committee meeting by a quorum of another governmental body.

To Committee on Administration.

SB 171 by Carona

Relating to the renewal of a license to practice chiropractic.

To Committee on Health and Human Services.

SB 172 by Wentworth

Relating to eligibility for public prekindergarten classes.

To Committee on Education.

SB 173 by Carona

Relating to the refund of cash to a surety in a criminal case.

To Committee on Criminal Justice.

Thursday, January 11, 2001

SENATE JOURNAL

SB 174 by Duncan, Zaffirini, Fraser

Relating to the exemption from ad valorem taxation of tangible personal property held at certain locations only temporarily for assembling, manufacturing, processing, or other commercial purposes.

To Committee on Finance.

SB 175 by Lindsay, Bernsen

Relating to parking privileges for vehicles of certain veterans or the surviving spouses of certain veterans.

To Committee on Veteran Affairs and Military Installations.

SB 176 by Zaffirini

Relating to a parent's ability to waive translation of the special education plan for the parent's child.

To Committee on Education.

SB 177 by Madla, Moncrief

Relating to electronic monitoring devices in the rooms of residents of convalescent or nursing homes or related institutions; providing criminal penalties.

To Committee on Health and Human Services.

SB 178 by Armbrister

Relating to a statewide group insurance program for employees and retirees of certain public schools.

To Committee on Education.

SB 179 by Fraser, Ellis, Shapleigh, Truan, Van de Putte

Relating to exempting certain military personnel from the requirements of the Texas Academic Skills Program.

To Committee on Veteran Affairs and Military Installations.

SB 180 by Fraser, Lucio

Relating to disposition by counties of motor vehicle registration fees and sales tax revenue.

To Committee on Intergovernmental Relations.

SB 181 by Fraser

Relating to the terms of court of the 32nd Judicial District.

To Committee on Jurisprudence.

SB 182 by Fraser

Relating to the regulation of drinking water at certain youth camps.

To Committee on Natural Resources.

SB 183 by Fraser

Relating to the designation of Farm-to-Market Road 604 as the Atlas ICBM Highway.

To Committee on State Affairs.

SB 184 by Zaffirini

Relating to services and programs provided under and eligibility for temporary assistance for needy families and for food stamps.

To Committee on Health and Human Services.

77th Legislature — Regular Session 3rd Day

SB 185 by Barrientos

Relating to disability retirement benefits for certain peace officers under the Employees Retirement System of Texas.

To Committee on State Affairs.

SB 186 by Truan, Shapleigh, Fraser, Van de Putte, Bernsen, Haywood

Relating to motor vehicle insurance premium discounts for certain individuals on active military duty.

To Committee on Veteran Affairs and Military Installations.

SB 187 by Shapleigh

Relating to the creation of a commission and project to provide government services through a secure and uniform online system.

To Committee on State Affairs.

SB 188 by Lindsay

Relating to paid leave for a state employee who is an emergency medical services volunteer.

To Committee on State Affairs.

SB 189 by Lindsay

Relating to the authority of a juvenile justice alternative education program to obtain a waiver regarding required days of operation.

To Committee on Education.

SB 190 by Lucio

Relating to the financing and construction of highways by the Texas Department of Transportation.

To Committee on State Affairs.

SB 191 by Lucio

Relating to the applicability of subdivision platting requirements in a county near an international border.

To Committee on Intergovernmental Relations.

SB 192 by Lucio, Shapleigh, Zaffirini

Relating to inclusion of ports-of-entry in Texas Department of Transportation planning and funding.

To Committee on Business and Commerce.

SB 193 by Shapiro

Relating to the creation of a judicial district composed of Collin County.

To Committee on Jurisprudence.

SB 194 by Shapiro

Relating to the creation, jurisdiction, and administration of the Probate Court No. 1 of Collin County and to the administration of the county courts at law of Collin County.

To Committee on Intergovernmental Relations.

SB 195 by Lucio, Shapleigh

Relating to the Border Trade Advisory Committee in the Texas Department of Transportation.

To Committee on Business and Commerce.

Thursday, January 11, 2001

SENATE JOURNAL

SB 196 by Lucio, Shapleigh, Zaffirini

Relating to the adjustment of Texas Department of Transportation funding formulas to account for certain international traffic.

To Committee on Business and Commerce.

SB 198 by Moncrief, Harris, Nelson, Sibley, West

Relating to executory contracts for the conveyance of real property.

To Committee on Intergovernmental Relations.

SB 199 by West, Van de Putte

Relating to prohibiting the possession of firearms by certain individuals convicted of or otherwise found to have committed family violence.

To Committee on Criminal Justice.

SB 200 by Madla

Relating to state and regional coordination of planning and development for implementation of state programs.

To Committee on Intergovernmental Relations.

SB 201 by Carona

Relating to the authority of certain counties to collect traffic fines through Internet transactions.

To Committee on Intergovernmental Relations.

SB 202 by Duncan

Relating to the liability for performing certain services under interlocal contracts.

To Committee on Intergovernmental Relations.

SB 203 by Duncan

Relating to the summoning of potential grand jurors.

To Committee on Jurisprudence.

SB 204 by Duncan

Relating to the separation of sequestered jurors in a criminal case under certain circumstances.

To Committee on Jurisprudence.

SB 205 by Shapleigh

Relating to authorizing additional police officers to enforce commercial vehicle safety regulations.

To Committee on Intergovernmental Relations.

SB 206 by Bivins

Relating to the transfer of and funding for public school students who are the victims of certain criminal offenses.

To Committee on Education.

SB 207 by Bivins

Relating to the selection of a hearing examiner in a teacher suspension or contract termination hearing.

To Committee on Education.

77th Legislature — Regular Session 3rd Day

SB 208 by Bivins

Relating to reporting the academic performance of public high school graduates in institutions of higher education.

To Committee on Education.

SB 209 by Bivins

Relating to the boards of trustees of certain special-purpose school districts.

To Committee on Education.

SB 210 by Bivins, Truan

Relating to eligibility under the Early High School Graduation Scholarship program.

To Committee on Education.

SCR 1 by Wentworth

Granting R. C. Crawford and Crawford Heavy and Marine Construction Limited permission to sue the state and the Texas Department of Transportation.

To Committee on Jurisprudence.

SCR 2 by Fraser

Declaring the pecan the official health nut of the State of Texas.

To Committee on State Affairs.

SCR 5 by Shapleigh, Zaffirini

Memorializing Congress to amend federal law pertaining to membership on policy committees of metropolitan planning organizations and allow inclusion of persons representing another nation to enable MPOs along the border to work closely with their counterparts in Mexico.

To Committee on Business and Commerce.

SJR 1 by Madla

Proposing a constitutional amendment to permit a public school teacher or faculty member of a public institution of higher education to serve as a member of the legislature.

To Committee on Education.

SJR 2 by Wentworth

Proposing a constitutional amendment authorizing the legislature to authorize the board of trustees of an independent school district to donate certain surplus district property of historical significance in order to preserve the property.

To Committee on Education.

SJR 3 by Duncan, Ellis

Proposing a constitutional amendment providing for gubernatorial appointment to fill vacancies in the offices of appellate justices and judges and for nonpartisan retention elections for those justices and judges.

To Committee on Jurisprudence.

SJR 4 by Gallegos

Proposing a constitutional amendment to increase the number of county commissioners in Harris County.

To Committee on Intergovernmental Relations.

Thursday, January 11, 2001

SENATE JOURNAL

SJR 5 by Wentworth

Proposing a constitutional amendment establishing the Texas Redistricting Commission to determine legislative and congressional districts and revising the constitutional redistricting provisions.

To Committee on Redistricting.

SJR 6 by Duncan, Zaffirini, Fraser

Proposing a constitutional amendment to exempt from ad valorem taxation tangible personal property held at certain locations only temporarily for assembling, manufacturing, processing, or other commercial purposes.

To Committee on Finance.

SJR 7 by Lucio

Proposing a constitutional amendment authorizing the legislature to provide for the issuance of bonds for certain improvements to the state highway system.

To Committee on Business and Commerce.

STANDING COMMITTEE APPOINTED

The President announced the appointment of the following committee for the 77th Legislature:

VETERAN AFFAIRS AND MILITARY INSTALLATIONS

Truan, Chair; Shapleigh, Vice-chair; Fraser, Haywood, Van de Putte.

RESOLUTION SIGNED

The President announced the signing of the following enrolled resolution in the presence of the Senate: SCR 3.

PHYSICIAN OF THE DAY

Senator Brown, on behalf of Senator Carona, was recognized and presented Dr. Tim Lambert of Garland as the Physician of the Day, accompanied by Dr. Dana Bleakney of Dallas and Dr. Tami Roberts of Richardson.

The Senate welcomed Drs. Lambert, Bleakney, and Roberts and thanked them for their participation in the Physician of the Day program sponsored by the Texas Academy of Family Physicians.

MESSAGE FROM THE STATE BAR OF TEXAS

The following message from the State Bar of Texas was read and was referred to the Committee on Nominations:

STATE BAR OF TEXAS

Austin, Texas

January 11, 2001

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

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

77th Legislature — Regular Session 3rd Day

TO BE A MEMBER OF THE COMMISSION ON JUDICIAL CONDUCT for a term to expire November 19, 2005:

Mr. Wallace Jefferson

Law Offices of Crofts Callaway & Jefferson

112 East Pecan Street, Suite 800

San Antonio, Texas 78205-1517

Mr. Jefferson will be replacing Jack Pasqual of San Antonio whose term expired.

Respectfully submitted,

/s/Lynne Liberato

President

SENATE CONCURRENT RESOLUTION 4

The President laid before the Senate the following resolution:

SCR 4, Authorizing a portrait of Governor George W. Bush to be placed in the Texas Capitol.

CAIN

The resolution was read.

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

SENATE RESOLUTION 5

Senator West offered the following resolution:

WHEREAS, The Senate of the State of Texas takes great pride in celebrating the birthday of Dr. Martin Luther King, Jr., who was born January 15, 1929, in Atlanta, Georgia; and

WHEREAS, One of the most influential men of the 20th century, Dr. Martin Luther King, Jr., contributed in countless ways to the enrichment of our country, and it is appropriate that our state and nation continue to pay tribute to his life and work; and

WHEREAS, A famed orator and clergyman and a 1964 Nobel Peace Prize winner, Dr. King inspired millions to join his commitment to nonviolence and his struggle for equal rights; and

WHEREAS, Outspoken yet eloquent, Dr. King was a vigorous critic of racial injustice, and he inspired a generation to strive for improved civil rights, equal educational opportunity, and economic well-being for all; and

WHEREAS, From the streets of Montgomery, to the Birmingham jail, to the steps of the Lincoln Memorial, Dr. King directed the focus of the world on the battle for human freedom and dignity; and

WHEREAS, Dr. King's historic "I have a dream..." speech, which he delivered in 1963, is considered an oratorical masterpiece and exemplifies his charismatic leadership; and

WHEREAS, A man of uncommon vision and determination, Dr. King dedicated his life to the betterment of his country and remembrance of him on his birthday, January 15, 2001, affords all Texans an opportunity to reaffirm their commitment to equal justice for all Americans; now, therefore, be it

Thursday, January 11, 2001

SENATE JOURNAL

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby join citizens across the nation in paying tribute to the life and work of Dr. Martin Luther King, Jr., and that when the Senate adjourns this day, it do so in his memory.

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

REMARKS ORDERED PRINTED

On motion of Senator Truan and by unaminous consent, the remarks by Senator West regarding SR 5 were ordered reduced to writing and printed in the Senate Journal as follows:

Mr. President and Members. It is with great honor and humility that I stand and offer a resolution celebrating the observance of the birth and life of the Reverend Dr. Martin Luther King, Jr.

As Dr. King's birthday is observed, his dream will be analyzed, dissected, made reference to, and interpreted in ways too numerous to count. Eloquent words will be recited and verbal pictures painted with such fluidity that a blind man could see the dream.

And yet, even as we celebrate his dream, we as active participants in the conscious world must see King's dream for what it really was then and is today: a subconscious thought to direct our conscious paths.

In the years since the death of Dr. King, the people of the nation and Texas have been asleep, lying in slumber, unconsciously watching what was going on in our classrooms, our boardrooms, our courtrooms, and our living rooms, watching passively.

Dr. King fought for equality in education, employment, and economic development, to name a few. He fought injustice wherever it was. He tackled government and brought it to its knees. He called on industry and commerce and brought them to the table. He challenged the hearts of men and brought them to Washington and their senses.

He stood before unfriendly judges and slept in damp, cold jail cells in protest to injustice in the justice system, and in 2001 minorities are still disproportionately represented in the Texas Criminal Justice System and those not incarcerated continue to fight for fair treatment by the judiciary.

I give thanks to my God every day for Dr. King's dream but wake up every morning knowing that the dream gives me direction, not the ultimate destination.

Colleagues, I implore you to keep the dream alive as a road map to a better tomorrow for us all.

MOTION TO ADJOURN

On motion of Senator Truan and by unanimous consent, the Senate at 9:36 a.m. agreed to adjourn, in memory of the life of the Reverend Dr. Martin Luther King, Jr., upon receipt of Messages from the House, until 11:00 a.m. Tuesday, January 16, 2001.

77th Legislature — Regular Session 3rd Day

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

January 11, 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 76, Honoring the Katy Tigers for winning the Class 5A Division II football championship.

Respectfully,

/s/Sharon Carter, Chief Clerk

House of Representatives

RESOLUTIONS OF RECOGNITION

The following resolutions were adopted by the Senate:

Memorial Resolution

SR 6 by West, In memory of Judge Howard O. Banks of Dallas.

Congratulatory Resolution

SR 4 by Bernsen, Commemorating the 100th anniversary of the Spindletop Oil Field.

ADJOURNMENT

Pursuant to a previously adopted motion, the Senate at 10:27 a.m. adjourned, in memory of the life of the Reverend Dr. Martin Luther King, Jr., until 11:00 a.m. Tuesday, January 16, 2001.