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	Tuesday, January 16, 2001
		SENATE JOURNAL

	FOURTH DAY

	Tuesday, January 16, 2001

	PROCEEDINGS

	The Senate met at 11:00 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, Shapleigh, Sibley, Staples, Truan, Van de Putte, Wentworth, West, Whitmire, Zaffirini, Mr. President. The President announced that a quorum of the Senate was present. The Reverend Paul Hahn, Redeemer Presbyterian Church, Austin, offered the invocation as follows: Heavenly father, You are the one Lord and king of all this world. We thank You that as our king You have given us civil authorities to be under You and over us, to rule for Your glory and for our good. Lord, in this regard, we particularly thank You for this Senate of the State of Texas. We ask that You would protect and prosper each of our Senators and their families. O father, teach these men and women that there are no governing authorities that exist, even this Senate of the State of Texas, which exist apart from Your appointing them and establishing them. Teach them to govern according to Your word. Enable them, by Your grace, to govern not for the sake of their own careers or fame, but for Your honor and for the good of the people of Texas. We pray these things in the name of our savior and for His praise. Amen. On motion of Senator Truan and by unanimous consent, the reading of the Journal of the proceedings of Thursday, January 11, 2001, was dispensed with and the Journal was approved. CO-AUTHORS OF SENATE BILL 31 On motion of Senator Zaffirini and by unanimous consent, Senators Madla and Shapiro will be shown as Co-authors of SB 31. CO-AUTHOR OF SENATE BILL 85 On motion of Senator Lucio and by unanimous consent, Senator Ellis will be shown as Co-author of SB 85.



	77th Legislature — Regular Session 4th Day

	CO-AUTHORS OF SENATE BILL 108 On motion of Senator Lucio and by unanimous consent, Senators Van de Putte and Wentworth will be shown as Co-authors of SB 108. SENATE BILLS AND RESOLUTIONS ON FIRST READING The following bills and resolutions were introduced, read first time, and referred to the committees indicated: SB 211 by Barrientos Relating to the selection of presidential electors. To Committee on State Affairs. SB 212 by Lucio Relating to abolishing the office of commissioner of education, creating the education commission, and transferring the powers and duties of the commissioner of education to the education commission. To Committee on Education. SB 213 by Bernsen Relating to the compulsory school attendance age and to the age of children for whom public school kindergarten must be provided. To Committee on Education. SB 214 by Bernsen, Zaffirini Relating to the statute of limitations for the presentation of certain felony indictments. To Committee on Jurisprudence. SB 215 by Bernsen Relating to the punishment for the offense of evading arrest or detention. To Committee on Jurisprudence. SB 216 by Bernsen Relating to grants from the telecommunications infrastructure fund for telemedicine services. To Committee on Education. SB 217 by Fraser Relating to the application and enforcement of traffic regulations in certain private subdivisions. To Committee on Intergovernmental Relations. SB 218 by Shapiro Relating to a financial accountability rating system for school districts. To Committee on Education. SB 219 by Armbrister Relating to disposition of out-of-county crimes. To Committee on Criminal Justice. SB 220 by Shapiro, Ogden Relating to the regulation and enforcement of weight limitations and safety standards for certain motor vehicles; providing criminal and civil penalities. To Committee on State Affairs.



	Tuesday, January 16, 2001
		SENATE JOURNAL
	SB 221 by Staples Relating to state purchasing using the reverse auction procedure. To Committee on State Affairs. SB 222 by Carona Relating to enhancing the penalty for the offense of driving while intoxicated if a person younger than 16 was also present in the vehicle being operated by the defendant. To Committee on Jurisprudence. SB 223 by Carona Relating to sale of surplus or salvage state property. To Committee on State Affairs. SB 224 by Shapleigh, Lucio Relating to requiring that the Texas Transportation Commission meet with transportation officials of bordering states of the United Mexican States to discuss transportation and infrastructure issues. To Committee on Business and Commerce. SB 225 by Shapleigh, Lucio Relating to a border corridor transportation plan. To Committee on Business and Commerce. SB 226 by Wentworth Relating to state purchasing using the reverse auction procedure. To Committee on State Affairs. SB 227 by Shapleigh, Lucio Relating to the authority of a municipality or county to use a design-build contract for transportation projects. To Committee on Intergovernmental Relations. SB 228 by Shapleigh, Lucio Relating to requiring the comptroller to study the state and federal mandates affecting the region of the state near the border with Mexico. To Committee on Business and Commerce. SB 229 by Harris Relating to the date for holding elections in certain cities. To Committee on Intergovernmental Relations. SB 230 by Harris Relating to the transfer of funds to optional retirement programs for certain employees of public schools. To Committee on Education. SB 231 by Harris Relating to the liability of a governmental unit for an act or omission of an off-duty law enforcement officer. To Committee on Intergovernmental Relations.



	77th Legislature — Regular Session 4th Day

	SB 232 by Harris, Moncrief Relating to the designation of a portion of Interstate Highway 30 between Dallas and Fort Worth as the Tom Landry Highway. To Committee on State Affairs. SB 233 by Harris Relating to parental liability for the conduct of a child. To Committee on Jurisprudence. SB 234 by Harris Relating to the date of the primary election and related procedures. To Committee on State Affairs. SB 235 by Harris Relating to the regulation of dangerous wild animals; imposing civil and criminal penalties. To Committee on State Affairs. SB 236 by Harris, Moncrief Relating to court-ordered medical support for certain children. To Committee on Jurisprudence. SB 237 by Haywood Relating to permit fees for on-site sewage disposal systems. To Committee on Natural Resources. SB 238 by Wentworth Relating to the safe operation of bicycles on roadways. To Committee on State Affairs. SB 239 by Wentworth Relating to a defense to proceeding with an adjudication of guilt or to a revocation of community supervision. To Committee on Jurisprudence. SB 240 by Wentworth Relating to the offense of hindering apprehension or prosecution. To Committee on Criminal Justice. SB 241 by Lucio, Ogden, Shapleigh, Zaffirini Relating to the financing, construction, and improvement to critical transportation projects by the Texas Department of Transportation. To Committee on Business and Commerce. SB 242 by Shapleigh Relating to the prohibition of pretext searches or seizures. To Committee on Jurisprudence. SB 243 by Harris Relating to financing capital improvements and facility expansions through the assessment of impact fees; providing a civil penalty. To Committee on Intergovernmental Relations.



	Tuesday, January 16, 2001
		SENATE JOURNAL
	SB 244 by Shapleigh Relating to the regulation of telemarketing; providing penalties. To Committee on Business and Commerce. SB 245 by Shapleigh, Lucio, Zaffirini Relating to allocation of money for transportation projects. To Committee on Business and Commerce. SB 246 by Shapleigh, Lucio Relating to a review of transportation facilities related to international trade. To Committee on Business and Commerce. SB 247 by Shapleigh Relating to the confidentiality of information held by tax appraisal offices that identifies the home addresses of peace officers, certain college and university security officers, and employees of the Texas Department of Criminal Justice. To Committee on State Affairs. SCR 6 by Fraser, Truan, Ogden Directing the Texas Transportation Commission to prioritize the construction of State Highway 195. To Committee on Veteran Affairs and Military Installations. SCR 7 by Shapleigh Requesting the Texas Department of Transportation to collaborate with Mexico to develop and implement an electronic check and clearance system at border crossings in Mexico, including weigh-in motion technology. To Committee on Business and Commerce. SCR 8 by Shapleigh, Lucio Requesting the Texas Department of Transportation to assist the federal government to establish Dedicated Commuter Lanes at Texas-Mexico border crossings in order to facilitate cross-border employment and the free movement of people and goods. To Committee on Business and Commerce. SCR 9 by Shapleigh, Lucio Urging Congress to take steps to further the creation of port authorities along the Texas-Mexico border. To Committee on Business and Commerce. SCR 10 by Shapleigh, Lucio Memorializing Congress to fund county and municipal inspections of overweight traffic within 20 miles of the border. To Committee on Business and Commerce. SCR 11 by Whitmire Granting permission to the Texas DeMolay Association to use the Senate and House of Representatives chambers. To Committee on Administration. SCR 12 by Shapleigh, Lucio Memorializing Congress to authorize an additional 16 federal judges and commensurate staff to handle the current and anticipated caseloads along the



	77th Legislature — Regular Session 4th Day

	Texas-Mexico border and to fully reimburse local governments for the costs incurred in prosecuting and incarcerating federal defendants. To Committee on Business and Commerce. SJR 9 by Fraser Proposing a constitutional amendment to authorize garnishment of wages for the enforcement of a judgment. To Committee on Jurisprudence. SJR 10 by Lucio, Ogden, Shapleigh, Zaffirini 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. SJR 11 by Lucio Proposing a constitutional amendment authorizing the legislature to exempt certain travel trailers from ad valorem taxation. To Committee on Finance. PHYSICIAN OF THE DAY Senator Wentworth was recognized and presented Dr. Raymond Smith of Fredericksburg as the Physician of the Day. The Senate welcomed Dr. Smith and thanked him for his participation in the Physician of the Day program sponsored by the Texas Academy of Family Physicians. MESSAGE FROM THE SUPREME COURT OF TEXAS The following message from the Supreme Court of Texas was read and was referred to the Committee on Nominations: THE SUPREME COURT OF TEXAS Austin, Texas January 16, 2001 The Committee on Nominations The Texas Senate Capitol Extension E1.716 Austin, Texas 78701 Dear Members of the Committee on Nominations: Since the adjournment of the 76th Texas Legislature, the Supreme Court of Texas has made the following appointments which require the advice and consent of the Senate: Non Lawyer Members of the Board of Directors of the State Bar of Texas [Texas Government Code 81.020]: Mr. David W. Stevens 4004 Edgemont Drive Austin, Texas 78731



	Tuesday, January 16, 2001
		SENATE JOURNAL
	Mr. John Stanley Mayfield 3117 Palo Duro Drive San Angelo, Texas 76904 Mr. Stevens and Mr. Mayfield were appointed on June 12, 2000 for three year terms, to expire in 2003. A District Judge to the State Commission on Judicial Conduct [Texas Constitution, Article 5, section 1-a(2)]: The Honorable Kathleen H. Olivares Judge, 205th District Court El Paso County Courthouse 500 East San Antonio Avenue, Suite 1002 El Paso, Texas 79901 The term of Judge Olivares's appointment would expire November 19, 2005. The Supreme Court requests the consent and confirmation of these appointments. Sincerely, /s/Thomas R. Phillips Chief Justice SENATE CONCURRENT RESOLUTION 13 The President laid before the Senate the following resolution: BE IT RESOLVED by the 77th Legislature, Regular Session, That the Senate and House of Representatives of the State of Texas meet in Joint Session in the Hall of the House of Representatives on Wednesday, January 24, 2001, at 11:30 a.m.; and, be it further RESOLVED, That the Honorable Rick Perry, Governor of the State of Texas, be, and is hereby, invited to address the Regular Session of the 77th Legislature in Joint Session at that time. SIBLEY The resolution was read. On the motion of Senator Sibley and by unanimous consent, the resolution was considered immediately and was adopted by a viva voce vote. HOUSE CONCURRENT RESOLUTION 76 The President laid before the Senate the following resolution: HCR 76, Honoring the Katy Tigers for winning the Class 5A Division II football championship. 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.



	77th Legislature — Regular Session 4th Day

	SENATE RESOLUTION 7 Senator Cain offered the following resolution: WHEREAS, The Senate of the State of Texas is pleased to recognize the Charter Inductees of the Texas Science Hall of Fame who were installed on January 17, 2000; the inductees were honored at that time with a banquet in San Antonio; and WHEREAS, The Texas Science Hall of Fame was created in January, 2000, as a means of recognizing Texans who have played a major part in significant scientific accomplishments in the state; and WHEREAS, Among the members are Nobel Laureates, renowned educators, inventors, researchers, and two famous heart surgeons, all of whom reside in this state; and WHEREAS, The charter members of the Hall of Fame are: Dr. Manuel P. Berriozabal, Colonel John Blaha, Dr. William C. Davis, Brigadier General Charles Moss Duke, Jr., Captain Eugene A. Cernan, Dr. Jack Christie, Dr. Denton Cooley, Dr. Robert F. Curl, Dr. Michael DeBakey, Dr. Bernard A. Harris, Jr., Jack St. Clair Kilby, Dr. Richard E. Smalley, Dr. Gerald D. Skoog, Dr. Steven Weinberg, and three organizations known for their support of science education, the ExxonMobil Foundation, the Texas Prefreshman Engineering Program (TEX Prep), and the Texas Regional Collaborative for Excellence in Science Teaching; and WHEREAS, Celebrating the accomplishments of notable science achievers from Texas and underscoring the importance of science education for our future, membership in the Texas Science Hall of Fame tells the world about the excellence of these persons and groups who shape our world; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby congratulat e and commend the 17 charter inductees of the Texas Science Hall of Fame for their service to the citizens of Texas and the world; and, be it further RESOLVED, That a copy of this Resolution be prepared for them as an expression of highest regard and 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 Cain, the resolution was adopted by a rising vote. GUESTS PRESENTED Senator Cain was recognized and introduced to the Senate the following charter members of the Texas Science Hall of Fame: Dr. Manuel Berriozabal of San Antonio is the founder and director of the San Antonio PreFreshman Engineering Program which identifies high-achieving middle and high school students from the San Antonio area who have an interest in careers in engineering, science technology, or math. Colonel John Blaha of San Antonio has logged 161 days in space. He served as Spacecraft Commander on two shuttle missions, pilot on two shuttle missions, mission specialist on two shuttle missions, and spent four months aboard the Russian space station Mir.



	Tuesday, January 16, 2001
		SENATE JOURNAL
	Captain Gene Cernan of Webster was the commander of Apollo 17, the last and longest lunar mission. The mission covered a record 30 kilometers of the lunar surface and returned over 220 pounds of lunar material to the earth, also a record. Dr. Jack Christie of Houston is a former Chair of the State Board of Education and has been instrumental in the effort to raise science standards in Texas. Dr. Robert F. Curl of Houston is a Nobel Laureate in Chemistry. He received the award in 1996 for the discovery of fullerenes, a form of carbon useful in producing highly effective lubricants and superconducting materials. Dr. William Davis of San Antonio is the Chair of the Chemistry Department at Saint Philip's College and conducted food research that has led to such breakthroughs as instant mashed potatoes and wood-sugar based glues. Brigadier General Charles Duke, Jr., of New Braunfels served as lunar module pilot of Apollo 16, the fifth manned lunar landing mission. Apollo 16 was the first scientific expedition to inspect, survey, and sample materials and surface features in the Descartes region of the rugged lunar highlands. Dr. Bernard Harris, Jr., of Temple was the first African American to walk in space. He is a veteran of two space flights and has logged more than 438 hours in space. Dr. Harris was also the Payload Commander on the first flight of the joint Russian-American Space Program. Jack Kilby of Dallas is a Nobel Laureate in Physics for 2000. His work has laid the foundation of modern information technology, particularly through the invention of rapid transistors, laser diodes, and integrated circuits (chips). Dr. Gerald Skoog of Lubbock is a professor of science education at Texas Tech University. He has conducted innovative research into evolution education. ExxonMobil Foundation of Irving, represented by Arlene Lawson, is a supporter of science education initiatives in Texas. In 1998, the Foundation awarded grants totaling over $19.9 million in science and math education. Texas Regional Collaboratives for Excellence in Science Teaching of Austin, represented by Dr. Kamil A. Jbeily, provides professional development support systems for Texas science teachers. The following charter members were unable to attend: Dr. Denton Cooley of Houston pioneered techniques for the repair and replacement of diseased heart valves. Dr. Michael DeBakey of Houston, a pioneering heart surgeon and developer of techniques for coronary bypasses. Dr. Richard Smalley of Houston was the Nobel Laureate in Chemistry who worked with Dr. Curl and helped to discover fullerenes. Dr. Steven Weinberg of Austin was the Nobel Laureate in Physics in 1979. His contributions to the development of a theory that unifies the electromagnetic and weak nuclear forces have greatly contributed to the understanding of the early universe and its future.



	77th Legislature — Regular Session 4th Day

	The charter members of the Texas Science Hall of Fame were accompanied by their spouses, families, and friends. The Senate welcomed its distinguished guests. MESSAGE FROM THE HOUSE HOUSE CHAMBER Austin, Texas January 16, 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 1, Granting the legislature permission to adjourn for more than three days beginning on Wednesday, January 17, 2001, and ending on Monday, January 22, 2001. Respectfully, /s/Sharon Carter, Chief Clerk House of Representatives GUEST PRESENTED Senator Jackson was recognized and introduced to the Senate Dr. Shelby M. Elliott, President of Texas Chiropractic College in Pasadena. The Senate welcomed Dr. Elliott. GUEST PRESENTED Senator Lindsay was recognized and introduced to the Senate Nino Karr, a seventh-grade honor student from Katy and a patient at the Texas Children's Hospital in Houston. The Senate welcomed Nino. RESOLUTIONS OF RECOGNITION The following resolutions were adopted by the Senate: Congratulatory Resolutions SR 9 by Ogden, Congratulating the Caldwell High School volleyball team. SR 10 by Lindsay, Congratulating Christina Mysak of Houston. SR 11 by Lindsay, Commending Terrence Compton Persaud, Jr., of Houston. SR 12 by Lindsay, Commending Sean R. Classen of Spring.



	Tuesday, January 16, 2001
		SENATE JOURNAL
	SR 13 by Lindsay, Commending Jimmy Browning of Houston. SR 14 by Harris, Congratulating Captain Joey J. Ziemian of Euless. SR 15 by Harris, Congratulating Matilda Meador of Arlington. SR 16 by Lindsay, Congratulating Robert Ryan Harris of Trinity. SR 18 by West, Commending the organizers and attendees of the 20th Annual King Celebration Awards Banquet. SR 19 by West, Commending the Reverend Isaac Johnson of South Dallas. SR 20 by Madla, Commending Billie Weston of Jeff Davis County. SR 21 by Madla, Congratulating Derek Lewis Iden of Atascosa County. SR 22 by Madla, Congratulating Kathleen Marie Stuman of Jim Hogg County. SR 23 by Jackson, Commending Maggie Marie "Pat" Rosebud of Brazoria County. SR 24 by Zaffirini, Commending the Laredo Bosom Buddies program. Designation Resolutions SR 8 by Bernsen, Declaring Tuesday, February 6, 2001, as Chambers County Day at the Capitol. SR 17 by Wentworth, Recognizing June 18 through 24, 2001, as Prostate Cancer Awareness Week and September, 2001, as Prostate Cancer Awareness Month. ADJOURNMENT On motion of Senator Truan, the Senate at 11:46 a.m. adjourned, in memory of Justice Carlos C. Cadena of San Antonio, until 11:00 a.m. tomorrow. APPENDIX SENT TO SECRETARY OF STATE January 11, 2001 SCR 3