Wednesday, January 24, 2001

SENATE JOURNAL

EIGHTH DAY

Wednesday, January 24, 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, 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.

The Reverend Jim Gerlt, Indiana Avenue Baptist Church, Lubbock, offered the invocation as follows:

O Lord, our Lord, how majestic is Your name in all the Earth. From the rising of the sun, to the setting of the same, may Your name be praised. You tell us that Your plans are to prosper us and not to harm us, to give us a future and a hope. You tell us to call upon You and come and pray to You and that You will listen to us. You tell us to seek You and that we will find You when we search for You with our whole hearts. O father, we seek You today. Father, I pray for these Senators, the Lieutenant Governor, and our Governor many things: that they will have the heart of King David who was a man after Your own heart; that they will have a walk with You like Abraham who was Your friend; that they will have the wisdom of Solomon to conduct the business at hand; that they will be like Isaiah who confessed to being a man of unclean lips and who had his lips cleaned; that they will wait on You, Lord, and gain new strength; that they will mount up with wings like eagles and be able to run and not get tired, walk and not become weary. O father, may they have the compassion of the Good Samaritan and not pass by on the other side those who are in crisis. May they have the leadership skills of Moses who led Your great nation long ago. May they be committed to the truth, like the apostle John who chose exile over compromising the truth. May they have the courage of an Elijah who stood up to 435 of Your enemies and did not back down. Remind them that there is no authority except from You and that they have been established by You. Father, when this session is over, may they look back and know they have been good stewards of Your state. Amen.

77th Legislature — Regular Session 8th 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 West, 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-AUTHORS OF SENATE BILL 3

On motion of Senator Duncan and by unanimous consent, Senators Moncrief, Sibley, Truan, and Van de Putte will be shown as Co-authors of SB 3.

CO-AUTHOR OF SENATE BILL 87

On motion of Senator Ellis and by unanimous consent, Senator Moncrief will be shown as Co-author of SB 87.

CO-AUTHOR OF SENATE BILL 186

On motion of Senator Truan and by unanimous consent, Senator Bernsen will be shown as Co-author of SB 186.

CO-AUTHOR OF SENATE BILL 254

On motion of Senator Ellis and by unanimous consent, Senator Truan will be shown as Co-author of SB 254.

INTRODUCTION OF

BILLS AND RESOLUTIONS POSTPONED

The President announced that the introduction of bills and resolutions on first reading would be postponed until the end of today's session.

PHYSICIAN OF THE DAY

Senator Moncrief was recognized and presented Dr. Richard Young of Fort Worth, accompanied by his wife Pamela and children, as the Physician of the Day.

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

SENATE RESOLUTION 42

Senator Ogden offered the following resolution:

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

WHEREAS, The Texas Agricultural Lifetime Leadership program is part of the Texas Agricultural Extension Service and is now in its 14th year of operation; the program is designed for men and women who are in the early stages of their leadership

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SENATE JOURNAL

careers, and applicants must be residents of Texas and actively involved in farming, ranching, or a business closely related to agriculture; and

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

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

WHEREAS, The TALL VII class consists of 25 leaders in agriculture ranging from 25 to 45 years in age; during a two-year span, these participants will tour throughout the State of Texas and visit Mexico, Washington, D.C., New York, Poland, and Russia; the class will attend its third session in Austin to learn firsthand about state government and agricultural representation and its effects; and

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

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby congratulate the members of the TALL VII class on their selection as participants in this esteemed program and extend to them best wishes for the future; and, be it further

RESOLVED, That a copy of this Resolution be prepared for the TALL VII class 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 Ogden, the resolution was adopted by a viva voce vote.

GUESTS PRESENTED

Senator Ogden was recognized and introduced to the Senate the following members of the Texas Agricultural Lifetime Leadership (TALL) VII class: Dudley Allen of Missouri City, Agricultural Inspector, Consumer Service Laws, Texas Department of Agriculture; Curry Campbell of Sonora, Manager/Partner of Campbell-Mayer Liveoak Ranch and purebred producer of Rambouillet sheep, Angus cattle, and Boer goats; Sue Ann Claudon of Burleson, Agricultural Marketing Specialist, Resident Agent, USDA-Grain Inspection, Packers and Stockyards Administration; Wayne Cockrell of Oakwood, Manager of Carter Ranch, commercial cow/calf and stocker producer, feedlot operator, and wheat and hay producer; Debbie Danford of Cedar Creek, Pesticide Programs Specialist, Texas Department of Agriculture; David Drews of McAllen, Southeast Sales Manager, District and Strategic Business Unit Sales, and Marketing Manager, Asgrow Vegetable Seeds; Edward K. Farmer of Austin, residential real estate sales, Keller Williams Realty, and eco-tourism and hunting; Bill Foxworth of College Station, Director of Reproductive Services, Reproductive Physiology, and Co-owner of Genetic Resources International; Philip Mack Furlow of Tahoka, Attorney/Partner, Huffaker & Furlow; Rob Hosford of Fort Worth, Manager of Government Relations and Public Affairs, Texas and Southwest Cattle Raisers Association; Tom Kelly of

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Sugar Land, Owner/Manager of 3TK Cotton and Cattle Company, cotton consulting, commercial cow/calf producer, and crop insurance; Mandi Ligon of Midland, Soil Conservationist, Technical and Conservation Services for Agricultural Producers, USDA-NRCS, and commercial cow/calf producer; Lea Lust of Abernathy, Partner at Lust and Dodd Angus and purebred Angus cattle producer; Mark Miller of Corpus Christi, Vice-president of Lending at Texas AgFinance, commercial cow/calf and stocker producer, and cotton and grain sorghum producer; Scott Mitchell of Sanderson, rancher and commercial cow/calf and goat producer; Javier Moreno of Edinburg, Owner/Manager of La Negra Cattle Company and purebred Red Brahman and Simbrah cattle producer; Paul Morris of Hubbard, Fertilizer Manager of Jarvis-Paris-Murphy Company, Incorporated, and commercial cow/calf, wheat, oats, grain sorghum, corn, and cotton producer; Spicer Sigman of Yancey, General Manager of Santa Cruz Enterprises, commercial cow/calf and stocker producer, and eco-tourism and hunting; Rick Smathers of Marble Falls, Director of Program Records of the Texas Animal Health Commission and commercial cow/calf producer; Leslie Smith of Austin, Senior Program Development Specialist, Regulation of Pesticides, Texas Department of Agriculture; and Martha Trubey of Dallas, Technical Sales Representative of Berger Horticultural Products, Incorporated, and horticulturist; accompanied by Michael Kitten and Edward Attebury of the Texas Cattle Feeders Association.

The Senate welcomed its guests.

SENATE RESOLUTION 79

Senator Staples offered the following resolution:

WHEREAS, On January 24, 2001, many proud citizens of Nacogdoches County will be in Austin to celebrate Nacogdoches County Day at the State Capitol; and

WHEREAS, Nestled in gently rolling hills of abundant forest land, Nacogdoches is an original county of the Republic of Texas; it boasts a diverse ancestry, including Native Americans, Spanish missionaries, and Anglo-American settlers, and it derives its name from the Nacogdoche Indians that settled the area; and

WHEREAS, Nacogdoches, the oldest city in Texas and the county seat, was home to the state's first newspaper, Gaceta de Tejas; historic monuments such as the Old Stone Fort and the Old North Church, in addition to the Blueberry Festival and Piney Woods Fair, are popular tourist attractions and a source of great pride to the city's residents; and

WHEREAS, Angelina National Forest and the many water activities available in Nacogdoches provide ample opportunities for outdoor recreation, while the students from Stephen F. Austin State University energize the area with added youthful vitality and spirit; and

WHEREAS, This prosperous county, where the industries of agribusiness, timber, manufacturing, education, and tourism flourish, has benefited tremendously from the dedication and perseverance of its many fine residents; having played a significant role in Texas' development, Nacogdoches' many contributions to the Lone Star State surely merit recognition and praise; now, therefore, be it

RESOLVED, That the Senate of the 77th Texas Legislature hereby recognize January 24, 2001, as Nacogdoches County Day at the State Capitol and extend a warm welcome to all those visiting from this lovely East Texas area; and, be it further

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RESOLVED, That an official copy of this resolution be prepared for the Nacogdoches County delegation as a commemoration of this occasion and as an expression of high regard by the Texas Senate.

(Senator Truan in Chair)

(President in Chair)

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

GUESTS PRESENTED

Senator Staples was recognized and introduced to the Senate a delegation of citizens from Nacogdoches County.

The Senate welcomed its guests.

SENATE RESOLUTION 82

Senator Duncan offered the following resolution:

WHEREAS, Many notable citizens of Lubbock are visiting Austin on January 24 and 25, 2001, to celebrate their city's rich heritage and to meet with their legislative delegation; and

WHEREAS, A thriving city on the southern High Plains, Lubbock is sited on one of the oldest inhabited places in Texas; in Yellow House Draw, in the northern part of the city, archeologists have discovered evidence of some 12,000 years of continuous habitation; known as the Lubbock Lake Site, the area now enjoys protection as a national historic and state archeological landmark; and

WHEREAS, In early historic times this land was occupied by Indians who were probably ancestors of the Apaches; during the 1600s various Spanish expeditions traveled a route through Yellow House Draw and other canyons, confident of finding water there on their passage across the South Plains; in the 1700s Comanches swept down into Texas from the north, and they maintained dominion over this region until the 1870s; and

WHEREAS, The city of Lubbock was established in 1890 and quickly became the seat of Lubbock County, which was organized the following year; population growth began in earnest with the arrival of the railroads, which first reached Lubbock in 1909; and

WHEREAS, The railroads stimulated Lubbock's growth as a trade center, but residents also wanted the benefits that an institution of higher learning would bring; when legislation creating Texas Technological College was finally passed in 1923, the site selection committee, impressed by the exuberant hospitality of Lubbock citizens, chose Lubbock as the location on their first ballot; and

WHEREAS, Today a city of approximately 200,000, Lubbock enjoys a diversified economy that draws its strength from agribusiness, manufacturing, and commerce, as well as from educational and medical facilities and other services; with the growth of cotton culture on the High Plains, Lubbock has become one of the world's primary centers for the processing of cottonseed; and

WHEREAS, Lubbock also offers a wealth of cultural and recreational opportunities; among these are the Lubbock Symphony Orchestra, Lubbock Civic

77th Legislature — Regular Session 8th Day

Ballet, and Museum of Texas Tech University, whose components include a general museum, a planetarium, and interpretive and learning centers at the Lubbock Lake Site; and

WHEREAS, Those wanting a glimpse of the frontier can find traces of it in the prairie-dog town at Mackenzie Park and in the many restored structures at the Ranching Heritage Center, a 15-acre site tracing the evolution of ranch architecture and the history of the cattle industry; and

WHEREAS, The abundance of musical talent that has sprung from this area, including the likes of Buddy Holly, Roy Orbison, Waylon Jennings, Tanya Tucker, and Joe Ely, has earned Lubbock recognition as "The Music Crossroads of Texas" and inspired the Crossroads of Texas Music Festival, held in September; that same month Lubbock hosts the Panhandle-South Plains Fair, which draws an annual attendance of 250,000; and

WHEREAS, Among the several proud delegations of Lubbock citizens visiting the Capitol today is the Leadership Lubbock Class of 2001, a group of community leaders who are participating in a series of seminars designed to help them identify and respond to the needs of their community; highlights of their trip to Austin on January 24 and 25, 2001, include a meeting with their legislative delegation and a barbeque reception at Stubb's with a concert by Joe Ely; and

WHEREAS, The citizens of Lubbock have truly kept faith with the founders of this West Texas community; still renowned for their friendly warmth, they have helped to build a vital urban center that serves not only a large part of West Texas but also of eastern New Mexico, and it is a pleasure to join with the delegations present here today in paying tribute to the many contributions of Lubbock and its fine residents; now, therefore, be it

RESOLVED, That the Senate of the 77th Texas Legislature hereby recognize January 24, 2001, as Lubbock Day at the State Capitol and extend to the delegations in attendance today and to all their fellow citizens sincere appreciation for the bright lustre they are adding to the Lone Star State.

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

GUESTS PRESENTED

Senator Duncan was recognized and introduced to the Senate a delegation of city officials and citizens of the City of Lubbock.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator Lucio was recognized and introduced to the Senate Ramiro Casso of South Texas Community College and Ron Tupper of Texas A&M School of Rural Public Health.

The Senate welcomed its guests.

Wednesday, January 24, 2001

SENATE JOURNAL

SENATE RESOLUTION 80

Senator Staples offered the following resolution:

WHEREAS, The Student Government Association (SGA) of Stephen F. Austin State University in Nacogdoches is visiting the State Capitol on January 24, 2001, and this significant occasion is worthy of special recognition; and

WHEREAS, Founded approximately 40 years ago, the SGA is an effective conduit through which students express concerns and suggestions to faculty and staff; furthermore, the organization sponsors campus events and adopts measures to improve the quality of student life at the university; and

WHEREAS, This commendable association has an executive, a judicial, and a legislative branch and seeks to ensure that students' views are considered in university policies; in addition, the SGA holds open meetings twice a month for students to communicate their ideas and opinions; and

WHEREAS, With more than 50 members, the SGA is concerned about the welfare of the entire student population and is currently striving to make the university a better place for everyone by promoting various campus-wide safety measures; and

WHEREAS, While contributing greatly to the university, this estimable organization develops future leaders of this state and nation and provides an important platform for more than 11,000 students enrolled at Stephen F. Austin State University; the SGA truly serves as the voice of the student body, and it is indeed most appropriate to pay tribute to this fine organization at this time; now, therefore, be it

RESOLVED, That the Senate of the 77th Texas Legislature hereby recognize January 24, 2001, as Stephen F. Austin State University Student Government Association Day at the State Capitol; and, be it further

RESOLVED, That an official copy of this resolution be prepared for the Student Government Association of Stephen F. Austin State University as an expression of high regard and best wishes by 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 Staples, the resolution was adopted by a viva voce vote.

GUESTS PRESENTED

Senator Staples was recognized and introduced to the Senate a delegation from the Student Government Association of Stephen F. Austin State University in Nacogdoches.

The Senate welcomed its guests.

SENATE RESOLUTION 83

Senator Van de Putte offered the following resolution:

WHEREAS, The Senate of the State of Texas is extremely proud to join the citizens of San Antonio in commending Saint Mary's University for providing more than 148 years of excellent education; and

77th Legislature — Regular Session 8th Day

WHEREAS, Guided by the dedication and vision of four brothers of the Society of Mary who established a mission in 1852, Saint Mary's has enabled more than 30,000 people to receive high-quality instruction and guidance; and

WHEREAS, The university is fortunate to have exceptionally fine faculty members who have placed emphasis on instilling religious principles in their students as well as stressing the academic subjects; and

WHEREAS, It is the goal of Saint Mary's University to thoroughly prepare its students for thriving in a highly competitive and complex world; ranked fifth for value and 12th academically among the best universities in the West region for the sixth consecutive year by U.S. News and World Report, Saint Mary's has fulfilled and surpassed the vision of its founders; and

WHEREAS, The success of this university is the result of a united effort by many resourceful and devoted individuals, and all who have participated in the founding and preservation of this great institution deserve to be proud of their accomplishments; and

WHEREAS, The university's continued commitment to excellence and the superior efforts of President Charles L. Cotrell, the trustees, and the faculty of Saint Mary's University will be of significant benefit to the welfare and future of our state; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby express appreciation to President Charles L. Cotrell and Saint Mary's University for providing an outstanding educational environment and for its innumerable contributions to the State of Texas; and, be it further

RESOLVED, That a copy of this Resolution be prepared for Saint Mary's University 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 Van de Putte, the resolution was adopted by a viva voce vote.

GUESTS PRESENTED

Senator Van de Putte was recognized and introduced to the Senate Charles L. Cotrell, Ph.D., President of Saint Mary's University, and Bill Piatt, Dean of Saint Mary's University School of Law, accompanied by a delegation of Saint Mary's alumni.

The Senate welcomed its guests.

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

January 24, 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:

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THE HOUSE HAS PASSED THE FOLLOWING MEASURES:

HCR 31, Designating Eastland as the official home of "Old Rip—The Most Famous Horned Toad in Texas."

HCR 78, In memory of the Honorable Jerry Kenneth Johnson.

Respectfully,

/s/Sharon Carter, Chief Clerk

House of Representatives

HOUSE CONCURRENT RESOLUTION 31

The President laid before the Senate the following resolution:

HCR 31, Designating Eastland as the offical home of "Old Rip—The Most Famous Horned Toad in Texas."

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.

GUESTS PRESENTED

Senator Sibley was recognized and introduced to the Senate Eastland County Judge Brad Stephenson and his wife Mindy; retired Eastland County Judge Scott Bailey; City of Eastland Mayor Dale Squiers; Eastland Economic Development, Incorporated, representative Russ Thomason; Executive Director of Eastland Economic Development, Incorporated, Ann Folsom; President of the Horned Lizard Conservation Society, Bill Brooks; Leigh Sanders, Horned Lizard Conservation Society; and a delegation of Eastland County citizens.

The Senate welcomed its guests.

ESCORT COMMITTEE APPOINTED

In accordance with the provisions of SCR 13, the President announced the appointment of the following Committee to Escort Governor Rick Perry to the Joint Session: Senators Fraser, Chair; Brown, Ellis, Staples, and Van de Putte.

MOTION TO RECESS

On motion of Senator Truan, the Senate at 11:25 a.m. agreed to recess upon conclusion of the Joint Session until 12:30 p.m. today.

INTERPRETER FOR THE DEAF

The interpretation of the Joint Session was provided by Ella Anderson.

JOINT SESSION

(To hear the State of the State Address by the Honorable Rick Perry, Governor of the State of Texas)

The President announced the time had arrived for the Joint Session as provided by SCR 13.

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The President of the Senate and the Senators present, escorted by the Secretary of the Senate, the Secretary of the Senate Designee, and the Sergeant-at-Arms, proceeded to the Hall of the House of Representatives at 11:30 a.m. to hear the address by Governor Rick Perry.

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

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

The Honorable Rick Perry and his party were announced and were escorted to the Speaker's Rostrum by Senators Fraser, Chair; Brown, Ellis, Staples, and Van de Putte on the part of the Senate and Representatives Turner of Coleman, Chair; Hardcastle, King of Uvalde, Reyna of Dallas, and Thompson on the part of the House.

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

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

Speaker Laney introduced the following platform guests: First Lady Anita Perry, Secretary of State Henry Cuellar, and Jessica Vanderburg.

The President introduced His Excellency Rick Perry, Governor of the State of Texas, who addressed the Joint Session as follows:

Governor Ratliff, Speaker Laney, members of the judiciary, Members of the House and Senate, distinguished guests, friends and fellow Texans: we descend upon this historic chamber today from towns and families and lives as diverse as our own state's rich and storied past. But no matter our circumstance, and despite our differences, we walk through these halls joined by a common bond, and that is the enduring love we hold for this land we call home, this place we call Texas.

It is appropriate that we convene today in the people's house to discuss the people's business. Of this chamber I have fond memories. It was here that I learned firsthand the legislative process and developed friendships that will last a lifetime.

Speaking of friends, let me introduce my very best friend who has known me most of my life, someone who keeps me grounded, who sits at the center of my world and my universe. She is the mother of Griffin and Sydney, a wonderful wife, and our First Lady, Anita Perry.

I am also honored to share this dais with an individual who has distinguished himself in this body for 28 years. A man who has guided this House with an even hand and a calming temperament, who shares my farming roots and that optimistic West Texas outlook, and for whom I have the deepest respect. Speaker Laney, thank you for your commitment to Texas. I look forward to working with you to do that which is worthy of our people.

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I also want to congratulate our new Lieutenant Governor, Bill Ratliff. You are a decent and honorable man, and you have demonstrated during your years in the Senate that you will preside over that prestigious body in a manner that will make Texas proud.

As you are no doubt aware, just before 4:00 this morning, the search for the two remaining escapees came to an end with their capture at a hotel in Colorado. We are thankful for the work of thousands of law enforcement officials and concerned citizens in bringing this manhunt to an end, and we are currently working in conjunction with the Texas Department of Criminal Justice and the Dallas County District Attorney's Office to extradite the six felons back to Texas for trial.

While we are relieved that these criminals have been captured, our hearts are heavy as we remember the brave men who gave their lives out of duty to their fellow man. Our thoughts and prayers are with the families of Irving Police Officer Aubrey Hawkins and Colorado State Trooper Jason Manspeaker during this very difficult time. Like too many peace officers before them, they gave their lives to protect others. And I would like to ask for a moment of silence in their memory.

At the dawn of this new millennium, in many ways we are a blessed people.

We are at the forefront of the new technology revolution, with opportunities springing up in cities and towns across our state.

In recent years, through the dedication of hundreds of thousands of teachers and administrators, we have charted a new course for the school children of Texas. The wisdom of local control, accountability, and high standards can be seen in improved test scores and renewed confidence.

By virtue of stronger criminal and juvenile justice laws, and the sacrifices of thousands of Texans who wear the badge, our communities and neighborhoods are safer.

Many Texans have abandoned a life of welfare dependency, choosing instead to pursue the freedom of self-sufficiency.

Because of careful planning, we are on much stronger footing than California as we implement the restructuring of our electric industry.

And while our budget surplus is not historic, I'll take our smaller surplus this session, Mr. Speaker, over the years when we were strapped for cash and looking for ways to balance our budget.

Better public schools, greater economic opportunity, safer streets and communities, and a budget surplus—they are all clear signs of a Texas moving forward, of a state that is strong and vibrant.

But no one should be mistaken as I stand before you this morning. I am not here to revel in our current prosperity but to peer into the Texas of tomorrow. I am not here merely to discuss the state of the state, but the state of our future. And as we look into the future, we should not ignore some warning signs.

Today in Texas, only one in five of our citizens has an undergraduate or graduate degree. Among our Hispanic population that figure is nine percent, and among our African American community it is 14 percent.

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Today in Texas, 45 percent of our graduating seniors cannot pass the math portion of the college entrance exam, and 55 percent of our Algebra I students cannot pass the end-of-course exam.

Today in Texas, drive-time delays in our cities and suburbs are 200 percent longer than they were 18 years ago. Texans drive 570 million miles a day—the equivalent of 1,200 trips to the moon and back. And that figure is expected to rise 56 percent by 2025.

Today in Texas, though steady progress has been made, too many residents of colonias still lack access to basic water and wastewater services. Among our border population, ailments like diabetes and tuberculosis remain chronic while access to primary care is lower than the rest of the state.

And today in Texas and America, there are signs that our economy may be softening. The newspapers that once reported on high-flying IPOs (Initial Public Offering) and soaring stock markets are once again using terms like slower retail sales, lower earnings, and employee layoffs.

These are the challenges worthy of our every vigilant effort. And that effort starts with education.

I stand before this body today mindful of the tremendous blessing it is to be Governor of the more than 20 million people who call Texas home. It has been a long journey from that cotton farm in Haskell County to the center office of the Capitol. In fact, if you were to ask my second-grade teacher at Paint Creek School, he might have termed it "an impossible journey." But here I am.

Crucial to it all has been one significant event in my life: the opportunity to attend college. I owe much to a system of higher education that was accessible to the sons and daughters of farmers, mechanics, and roughnecks. There are literally hundreds of similar stories surrounding us in this chamber today, of individuals who came from modest means but strong homes.

There's the son of a field worker from the Mexican city of Guerrero. His family was not rich in material, but they were wealthy in spirit. Through hard work and sheer resolve, he earned an associate degree, an undergraduate degree, and then a master's degree, a law degree, and most recently a doctorate. He is a living testament to the truth that success follows those who aim high and never stop reaching. And I am proud this good man is now serving as my first appointee and your Secretary of State, Henry Cuellar.

Where would the Henry Cuellars of this world be if it were not for the opportunity to receive a quality education? And where will millions of young Texans end up if the door of opportunity—the door of higher learning—is not open to them?

From humble beginnings often come the most vivid of dreams. Our commitment, our mission must be to advance those dreams, to say to the next generation, "We don't care where you come from, but where you are going."

The promise of tomorrow is not reserved for those of a certain race, ethnicity or pedigree; it awaits every individual of character and vision, of virtue and resolve.

Let us begin the work of tomorrow in this house today, and let us begin by improving higher education.

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I strongly believe we must invest in our future by tripling the TEXAS (Toward EXcellence, Access, and Success) grant program to $300 million. In doing so, we will open the doors of higher education to another 65,000 students, the children of working families who, due to no fault of their own, come from homes with limited financial means.

We should also create a TEXAS Grant Two program for students who enroll at our two-year colleges. And I support efforts to create a technology scholarship that will increase the number of computer science and engineering degrees awarded by our Texas universities.

Estimates nationwide show close to one million technology jobs ready to be filled. I would like many of those jobs to be filled by Texans trained to compete in that skilled workforce environment.

Improving college accessibility is our most important task in building a better system of higher education, but it's not the only area of need. The goal of every one of our institutions must continue to be the pursuit of academic excellence.

Each of our institutions must focus on fields of specialization, what I refer to as centers of excellence. That's why I have proposed boosting funding for research and faculty recruitment. We must send a signal to the brightest minds of academia that we want them to invest their talents and ideas in Texas schools.

We also know that the success of higher education is greatly dependent on the success of public education. We must build a seamless system of K through 16 education, starting early in the pre-kindergarten years all the way through college.

Our public schools have shown significant improvement, especially in our lower grades where children are exposed to an intensive reading curriculum designed to get them reading on grade level by the third grade.

My budget continues our investment in early childhood literacy, with an increase of more than $100 million for the Student Success Initiative. This money will go toward additional early intervention reading efforts, staff development, and teacher training starting at the pre-K level.

Now it is time to do for math what we have done for reading. Math skills are in high demand in the new economy, and yet too many students enter college and the workforce ill-prepared in the basics of math.

That's why I have proposed a new math initiative that will help prepare our fifth- through eighth-grade students for the day when they must master a tougher TAAS (Texas Assessment of Academic Skills) test and more advanced coursework, such as algebra, geometry, and calculus.

Through $40 million in new funding, the math initiative will lead to the development of proven, research-based techniques for math instruction; the creation of "Math Academies" to train all math teachers in those techniques; and the establishment of intensive summer and after-school remedial programs to help failing students succeed.

And we should duplicate the approach taken in developing the Master Reading Teacher Program by establishing a Master Math Teacher Program that rewards expert instructors with a $5,000 annual bonus.

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I also believe we should increase the allotment for technology in schools $35 per student so more students can learn their lessons using the tools of tomorrow.

Technology is already transforming the classroom; a few months ago I visited Travis High School on the south side of Austin, a school with an 80 percent minority enrollment, many of the children coming from disadvantaged homes. They still have many challenges in front of them. But through the vision of a dedicated administration, technology coordinator, and corporate sponsors, more students at Travis High are succeeding due to the wonder of leading technologies such as the wireless Internet, multimedia, and teleproduction. By transforming education through technology, learning has become more fun and interesting, stimulating the intellectual curiosity of the students and advancing the idea that life is full of limitless possibilities.

But clearly, the task of educating our youth is made more difficult by a shortage of public school teachers estimated to be 42,000. That's why I would like to more than triple funding for the new Teach for Texas Grant Program—the new college grant program that helps pay for tuition, fees, and books of students who commit to teaching in a high-need subject area upon graduation.

A few weeks ago I received an e-mail from future teacher Jessica Vanderburg, who has benefited from the Teach for Texas Grant. Let me share with you some of what she had to say: "I am a single working mother and a full-time student and this grant has enabled me to continue my education and hopefully give back to my community." She concludes, "I am a junior at Texas A&M—Commerce where I am majoring in interdisciplinary education with a specialization in math. Thanks again for this opportunity."

It is Jessica who should be thanked, because she cares so much about future generations. That's why I asked her to join me on the dais, so we could recognize her.

My friends, is that not why we are here—to do everything we can to empower talented individuals to make a difference in their communities? We can do some other things to get more qualified people in the classroom by turning to untapped resources—citizens and retirees willing to give back to their state and their communities. We should expand alternative certification to allow qualified technology professionals and other private sector individuals to draw on their wealth of knowledge and expertise to teach our children. It is also time to allow retired teachers to return to the classroom without having their benefits cut.

Last session, we made a needed investment in our public schools with an across-the-board $3,000 pay raise for every teacher, counselor, nurse, and librarian. I would like to see that trend continued by freeing up close to $700 million in capital gains from the Permanent School Fund to be used for teacher compensation or benefits. And we should also work toward the goal of raising the multiplier used to calculate retired teachers' pensions. Those who have done so much for our state and our children deserve our support.

I also believe now is the time to strengthen and improve our state's charter school system, and not turn our backs on the parents and children and educators who benefit from the flexibility and innovation of charter schools.

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With us today is Chris Barbic, who runs the YES (Youth Engaged in Service) College Preparatory School, a successful charter school in Houston that predominantly serves at-risk students. Joining him is one of his students, Daniel Uribe. For a long time, Daniel was viewed as one of those students with great potential, but little motivation. He questioned the value of school, and the time he was spending in the classroom. But people like Chris Barbic were there for Daniel. They showed him the value of a good education and the world of opportunity that awaits him outside the classroom door. I am happy to say that young Daniel has his sights set on college and has already been accepted to one university.

We have heard how a compassionate state cannot turn its back on any child. And I agree. We cannot give up on the Daniel Uribes of this state. We must do everything we can to ensure that they don't drop out, but instead realize their God-given potential.

The small percentage of charter schools that are failing our children should be fixed or shut down. Improvements can be made to the approval and oversight process, but don't tell me that Daniel Uribe, or his classmates at the YES charter school, don't deserve the chance to learn, and to keep their hopes and dreams alive in the Texas of the twenty-first century.

Jessica Vanderburg and Daniel Uribe are the faces of progress, the Texans who breathe life into our public policy discussions. May we always endeavor to do that which is worthy of them, and the millions of Texans like them, who dream of a tomorrow as bright and fulfilling as the most fortunate among us.

A vibrant Texas also means a transportation system that can move our people safely and our goods efficiently. Along the border, in our cities and suburbs, even in some of our smaller towns, traffic is jeopardizing our wonderful quality of life. Even out in Haskell County these days, Dad has to actually look before he pulls onto Farm Road 618.

The economic boom of NAFTA (North American Free Trade Agreement) and our tremendous population growth have exceeded the expectations of those who built our highway system. We must consider immediate, innovative alternatives.

I would like for both chambers to pass a bonding program to jumpstart construction across our state. Whether it is a GARVEE (Grant Anticipation Revenue Vehicles) package, or the idea of a general revenue bond fund, it makes no difference to me—getting traffic moving is what matters.

We should also build more toll roads, streamline the design and engineering process, and consider pavement warranties so we spend less time and money fixing bad roads in the years ahead.

I have also included in my budget a $30 million border transportation initiative. This funding would be shared among our border counties so they can leverage $175 million in bonds that would primarily go toward fixing bad roads in colonias.

There is strong bipartisan recognition that the border has real needs that must be addressed. There is no better time than now to roll up our sleeves and get to work.

How can we expect our border children to reach for the sky when they cannot even reach the classroom, either because muddy roads prevent school buses from picking them up, or chronic ailments make them too sick to learn?

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We must work to immunize more children, especially along the border and in our urban areas, against whooping cough, measles, mumps, and chicken pox. We must try new technology, like telemedicine, to help combat conditions like tuberculosis, diabetes, heart disease, and cancer, while looking for better long-term health care solutions.

These are not just border challenges. They're Texas challenges—north and south, rural and urban. In my remarks upon taking the Oath of Office, I said something that bears repeating today: "The border of Texas is not our back yard, but the front door to our state and nation."

It's true that better border roads are good for Laredo, Brownsville, and El Paso, but they also mean more trade and job creation in places like Odessa, Dallas, and Texarkana. Better border health means healthier children and lower health care costs for all of us.

And speaking of healthier children, we must do everything in our power to enroll more children of working families in CHIP (Children's Health Insurance Program). I congratulate everyone involved in CHIP for signing up more than 200,000 children in less than a year. But we must do more to reach out to additional eligible children.

Extending the opportunity for more Texans to attend college, expanding upon our progress in public schools, getting traffic moving, and enriching the lives of citizens along the border—those should be our priorities, and will be the primary objectives of my administration.

That is not to say there are not other important issues that we must address together. We must safeguard the lives of our most vulnerable citizens—our oldest and youngest Texans—by increasing funding for nursing homes and child protective services.

We can increase access to child care for Texans transitioning off welfare while continuing to place a strong emphasis on employment and personal responsibility. And we must continue to welcome and encourage the generous contributions of private charitable and faith-based groups.

We should set our sights on long-term solutions to challenges facing Texas' natural resources. That means better water management and conservation, supporting our state's system of parks, and applying market-oriented approaches to preserving our open spaces.

And we must remain committed to significantly reducing pollution, realizing that decisions affecting Texas' air quality should be made by Texans, and not federal bureaucrats. The state implementation plans recently submitted to Washington would cut ozone-related emissions by 75 percent in Houston, 55 percent in Dallas/Fort Worth, and 44 percent in East Texas. I'd bet that plan has a pretty good chance of passing the new administration's muster.

Texans know that the air that we breathe, the water that we drink, the land that we inhabit are all a reflection of the majesty and the beauty of our wonderful creator. We must preserve His image.

Like most Texans, I am a proponent of capital punishment because it affirms the high value we place on innocent life. We have a good system of justice in Texas, but it can be better. In the interest of greater justice, I believe we should welcome the use of DNA technology in cases where it can

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prove claims of innocence, or provide further assurance of guilt. I also support creating a statewide standard for defense counsel in capital murder cases, with appropriate standards regarding criminal defense experience, continuing education, and proper conduct of every defense attorney.

I agree with Speaker Laney that we should not shy away from making the reforms needed to ensure trust in our system of elections. I am an advocate of letting the sun shine in on the financing of elections so that voters can make more informed decisions. The most relevant campaign finance figure in any election is one that goes unreported in most state races: cash-on-hand. Judicial candidates must disclose it, federal candidates must disclose it, and so should candidates for state office. The public should also be entitled to know the occupation and employer of contributors to political campaigns, and out-of-state PACs (Political Action Committee) that exceed a minimum level of contributions should be required to file with the Ethics Commission. Additionally, frequent and more instantaneous disclosure during each election cycle will keep Texans better informed about the candidates who seek their vote. Government should be open and honest—accountable to the people. The virtue of our service should not be undermined by the very system that makes service possible.

There is another matter before us—redistricting. There has been much speculation that this once-in-a-decade process will cause gridlock and bickering beneath this granite dome. I believe we have the capacity and the good sense to rise above it. Texans want us to pass a balanced budget. They want us to continue to improve schools and health care and to meet basic needs. And I believe they want us to craft legislative districts that are fair and compact, reflecting the people's best interests.

I believe that as leaders, we can and we must do what our constituents sent us here to do because Texas matters most.

Once we have funded important priorities—college scholarships, improved math instruction, transportation needs, and border infrastructure—if additional revenues are available, we should look for ways to also address the pay needs of our hard-working prison guards and other state employees.

At the same time, we must all heed the warning signs of a cooling economy. That is why I submitted a fiscally sound and conservative budget, which grows at half the rate of the budget passed last biennium.

Now is not the time to commit ourselves to numerous programs that we may not be able to one day sustain. Because of concerns that our economy is slowing, it is important that we ensure the Rainy Day Fund contains the $1 billion it is projected to have by 2003. This fund is an important insurance policy against an economic downturn, and we should keep our hands off of it while our economic picture remains uncertain.

My fellow Texans, the challenges before us are nothing more than opportunities. Our history is rich with examples of men and women who were undaunted by the adversity of their time. On this incredible land they survived disease and poverty, war and weather, to forge a new frontier. They were of strong heart, unyielding will, and fervent faith. We honor their memories by affirming their noble purpose. We must preserve freedom and

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opportunity by extending it, one Texan at a time. The seeds of that freedom are sown in the classroom.

May we all renew our commitment to the children of this state—the little ones who venture off to school each morning, backpack in hand, with their whole lives in front of them.

They are a cause far greater than party or politics, for they are the promise of tomorrow. Let us therefore, Republicans and Democrats, bond together to use our every today to better their tomorrow. Thank you, God bless you, and God bless this place we call Texas.

RECESS

The President at 12:13 p.m. announced that the purpose for which the Joint Session was called having been completed, the Senate, pursuant to a previously adopted motion, would stand recessed until 12:30 p.m. today.

AFTER RECESS

The Senate met at 12:30 p.m. and was called to order by the President.

SENATE CONCURRENT RESOLUTION 16

The President laid before the Senate the following resolution:

WHEREAS, The North American Free Trade Agreement (NAFTA) has become a positive economic force for the United States, Mexico, and Canada; and

WHEREAS, Trade between the United States and Mexico has increased from $87.4 billion in 1994, the year NAFTA took effect, to an estimated $214 billion in the year 2000, making Mexico the second largest trading partner with the United States and the largest for the State of Texas; and

WHEREAS, The Texas portion of the United States-Mexico land border comprises 1,254 of the 2,000 miles of the length of the border and handles more than 80 percent of the United States-Mexico truck traffic, with 40 percent of this traffic continuing to other parts of the United States and to Canada; and

WHEREAS, The daily flow of international trade through Texas, while a boon to the United States and Texas economies, has also resulted in a strain on border infrastructures by creating heavy traffic congestion and causing border-crossing delays, has increased air and noise pollution, and has had a general negative impact on the quality of life of residents along the border; and

WHEREAS, Dozens of federal, state, local, and foreign governmental entities are responsible for enforcing hundreds of laws at our border crossings in order to protect the health and safety of all citizens, yet often their duties are undermined by a lack of coordination; and

WHEREAS, The resulting traffic congestion and border-crossing delays are stifling trade, needlessly increasing the cost of goods, and impeding the free trade NAFTA sought to create; now, therefore, be it

RESOLVED, That the 77th Legislature of the State of Texas hereby respectfully request the United States Secretary of Commerce to appoint a federal official whose sole responsibility is to coordinate the activities between the various government agencies, business communities, and private citizens along the United States-Mexico and the United States-Canada borders; and, be it further

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RESOLVED, That this federal official shall examine current practices and look at new initiatives to ease the flow of trade, to improve the infrastructures necessary to move commerce, and to redress the negative impacts on the health and safety of our citizens; and, be it further

RESOLVED, That the secretary of state forward an official copy of this resolution to the President of the United States, to the United States Secretary of Commerce, and to all the members of the Texas delegation to the United States Congress.

SIBLEY GALLEGOS SHAPIRO

ARMBRISTER HAYWOOD SHAPLEIGH

BARRIENTOS JACKSON STAPLES

BERNSEN LINDSAY TRUAN

BIVINS LUCIO VAN DE PUTTE

CAIN MADLA WENTWORTH

CARONA MONCRIEF WEST

DUNCAN NELSON WHITMIRE

ELLIS OGDEN ZAFFIRINI

FRASER

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.

REMARKS ORDERED PRINTED

On motion of Senator Lucio and by unanimous consent, the remarks regarding SCR 16 were ordered reduced to writing and printed in the Senate Journal as follows:

Senator Sibley: Thank you Mr. President. SCR 16 petitions the President of the United States to appoint a position of border czar for the whole border of the United States with Mexico. I think Senator Shapleigh and I might talk a little about what we want when we do this. We are not asking the President of the United States to appoint a figurehead or somebody just to have the position. What we're looking for is a position within the Department of Commerce under Secretary Don Evans, who's very familiar with Texas, who can bring together all of the agencies who control the border of the State of Texas and control trade. What we want out of this are some innovations. We're not looking to do business as we've done it for the last 300 years. What we are looking to do is business as it should be done in the twenty-first century. The border with Mexico to some extent is a line drawn on a map. If you look at an economic map of the world, there are no borders. There are no borders. The border with Mexico certainly is just a line drawn along the Rio Grande River, so with that I will be glad to yield to Senator Shapleigh. We have 28 Co-sponsors for this concurrent resolution. Representative Gallego has agreed to carry it in the House, and I believe they are prepared to suspend the rules and take this up as soon as we can get it over to them, perhaps as early as tomorrow. As soon as we are able to do this, we plan on going to Washington and making a presentation to the Secretary, so with that I'll yield to Senator Shapleigh.

Senator Shapleigh: Thank you Mr. President. I've had an opportunity to take many of you for a lifetime experience of being on a bridge and going from Juarez, Mexico,

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into the United States or Brownsville into Matamoros, so you can experience the way business is done in Texas and Mexico today. In 1946 this country invested $16 billion in the economies of Germany and Japan and built consumer markets that fueled prosperity here for 50 years. About 10 years ago, those countries found out that maybe it wasn't in their interest to participate as much as they had. The United States in reaction to that created a market here called the North American Free Trade Agreement. There is one small problem with that North American Free Trade Agreement and that's that 1200 mile line that goes from El Paso to Brownsville. Because we're doing business the same way we did business in 1846 when the first rowboats were across that river moving goods and cattle back in 1846. We have the same way of doing business there today. When you come to a border crossing—and I've put on your desk a report that the comptroller has given us, if you'll look on page 27—there are 400 agencies that have jurisdiction over a good that is crossing that border. There are six Texas agencies and nine federal agencies that are either there or have the ability to be there. The result of that process is now truck lines that go 11 miles out of Laredo and have created not only the biggest traffic jam in North America, but a health hazard to the people of Laredo, Texas, and indeed that is happening all up and down the border. In the last five years, trade with Mexico has gone up 94 percent because NAFTA is working the way it was designed to work. Senator Shapiro, your District is Texas' major beneficiary of NAFTA trade. When the Governor says the border is no longer our back door, it's our front door, it is the Port of Dallas. Laredo is the Port of Dallas. Brownsville is the Port of Houston. El Paso is the Port of Albuquerque and Denver because that is our future. There are a billion consumers south of the Rio Grande. We cannot do business the way we've done it on the border since 1846. Last session we passed a bill, SB 913. Senator Ogden, you recall that as we went up and down the border in Senator Truan's Committee on NAFTA and listened to these stories of someone trying to cross the border and spending sometimes three and four hours in line waiting to cross. That bill ran right straight into 15 agencies that we couldn't even get into the room together. Senator Lucio, you recall, Senator Zaffirini, when we tried to get the agencies from GSC (General Services Commission), the federal government, GSA (General Services Administration), all the customs agencies, INS (Immigration and Naturalization Service), the different people who have jurisdiction just in the room, the Secretary of State of Texas who had been appointed border czar had no jurisdiction to get them to show up in the room. So, if we are truly going to take advantage of this opportunity that NAFTA has brought, we have to change the way we do business in the State of Texas, particularly with Mexico and the frontier states of Mexico. This resolution will give us the weight of this body to go to Washington and ask for someone who can really get something done, who will make those agencies get into a room and do something like this, Senator Shapiro, just have customs agents be there 24 hours a day. If you'll look at one of the pages of this document you can see the staffing of border bridges—that's page 6—and you look at times various government officials are supposed to be at the bridge to take traffic and you find out the hours are 6:00 to 4:00—6:00 in the morning to 4:00 in the afternoon. So, the infrastructure that we do have in place is not being utilized anywhere near the way it could be. So, we would ask you to join with us so that this state can truly take advantage of something that ought to fuel our prosperity for the next 50 years. When you look at Texas and the luck that it's had, first with the cotton industry and then the

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oil industry, we have that same opportunity with NAFTA. We have 80 percent of all of the nation's truck traffic and NAFTA traffic coming through our ports, and to sit and not take advantage of that in this era is something that we all need to work on.

Senator Sibley: When I had a chance to visit with you to Chihuahua City, we found a group that was very well-organized, highly-educated, and they knew exactly where they wanted to go. Until I visited, I hadn't considered the impact of GATT (General Agreement on Tariffs and Trade) with NAFTA and how it was all working together. I think it was very interesting to try, for me anyway, to learn that Mexico could become the manufacturing center for North America. If you could you enlarge on that point, it would be helpful.

Senator Shapleigh: When we were in Chihuahua, one of the hosts for us was a fellow who had worked with Herminio Blanco, who was the person who had negotiated GATT and other trade agreements for the country of Mexico. He said very clearly, we have a strategy. We want to be the place in the world where electronic goods and automobiles are assembled without taxes, without tariffs, and without charges of any kind from other countries. So, we are negotiating with you, Germany, Japan, everyone else in Asia, and Latin America, and we are going to be the first country that concludes all those trade agreements. When you look at that strategy what that means is Mexico is going to have parts and components delivered from Hermosillo to Monterrey to Chihuahua and other cities that you now do business with in your town. The net effect on the Texas economy is going to be dramatic and I think we are in an era with two frontier governers, George Bush and Vicente Fox, to take advantage, truly, of what I think is an historic opportunity. Both of these gentlemen came from frontier states and are now the heads of their federal governments. We need to actively, in the State of Texas, devise our own strategy so that we can benefit in this era from what we have in front of us.

Senator Sibley: I know there are some unspoken questions out there and I had them before I visited. One of them had to do with illegal aliens. Will this, what we are talking about, allow a flood of illegal aliens to come across? You took me out to an area south and east of El Paso, along the river, a colonia, and you introduced me to a lady and there was a village right across the river and I remember the conversation vividly. I felt sorry for her because she said her sister lived right over there and the idea that she would have to drive up to El Paso, go across the bridge, queue up to go up across the bridge, and then all the way back down. I asked how they did it. The way she did it was she put the kids on her back, hiked up her dress, and they walked across the river and they did that every other Sunday. The other Sunday, her sister would come across. So, the idea that what we are talking about would be the opportunity for people to bring truckloads of illegal aliens in is a joke. It just doesn't work that way and you really can't understand it if you haven't visited the border, you can't really understand the dynamics. We sat there at El Paso and we did the same thing in Brownsville and Laredo and watched people walk across, doing business. They come across from Mexico, go to work on the United States side, then go back, and vice versa. There are people from the United States walking across and then coming back or driving across, either way. I guess what I am trying to say is that people can come and go across the border, but what we're doing instead of interdicting illegal aliens or drugs, I think we are interdicting trade. I'm convinced of it and if we can send a man to the moon and

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bring him back, surely we can design a bridge or a system for trade. If they do it in Europe, where you might have a train cross five or six national borders, surely we can do this with one. I really do encourage all the people of Texas to start being aware of this. El sur es nuestro futuro, I'm convinced of it, I believe it, and the Business and Commerce Committee will support this wholeheartedly and I encourage everyone else to.

Senator Lucio: Thank you Mr. President. I rise in support of the resolution. I think it's important for us to look at what is going to be happening along the Texas border. By the way, I'm proud to Co-author this resolution. Population will increase, actually will be twofold. It will double by the year 2030. I was one of the critics living on the border when the issue of NAFTA came up. The reason I criticized NAFTA was because I felt very strongly at the time that we just weren't prepared to look at additional transportation that was going to be taking place into and out of Mexico, into Texas, because of the infrastructure that I felt was lacking all along the border. Obviously I was right and many of us in this chamber who felt the same way were also right, Senator Sibley. Just last year in 1999, actually two years ago, there was $100 billion in imports and exports that took place between Texas and Mexico, just on our border. I think this position, obviously, if it is considered by our President, will be very important and it will have many things that this individual will be looking into, a multi-varied amount of issues that take place internationally. But one of them that I think will be most important would be to continue to strengthen our relationship with Mexico, Senator. I think that's very, very important. That and also, making sure the federal government gets involved in the issue of infrastructure from Brownsville to El Paso and, obviously, from El Paso on to San Diego, because this would be a border czar, dealing with the four states that border Mexico. I have been in contact, Senator Shapleigh, you and I visited with the Governor of Chihuahua. We visited with the Governor of Tamaulipas, and we are on the way to visit with the Governor of Coahuila and Nuevo Leon as well. We are making plans in the next couple of weeks to continue to strengthen our relationship here in Texas. Partnerships must take place between Texas and our federal government and, most importantly, with Mexico. I want to also say that, Senator, I would hope the President would look at it as much more than just a position within the commerce agency at the federal level. This position is so important that it could really expand to be a border czar not only with Mexico, but with Canada. When you talk about trade, that's most important between those three countries, I would hope the President would consider a cabinet-level position. Thank you Mr. President.

Senator Zaffirini: Thank you Mr. President. Mr. President and Members, it is also my pleasure to join my colleagues from the border and Senator Sibley as Co-author of SCR 16. I join Senator Lucio in asking that we go beyond the issues related to commerce because we truly believe that the issues of the very young and the very old are particularly important to everyone who lives along the Texas-Mexico border. Members, when the census figures come in, you will see that along the border we have more young people because our birth rate is higher than any other region of the State of Texas. You will see that people who live along the border also live longer, and this will impact the future of the State of Texas. And so as we promote international trade and international relations, let us always focus also on the very young and on the very old. Let us remember that what we have championed for so long throughout the

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Texas-Mexico border region is access to higher education. Many of the Members of this body have been so supportive of our institutions of higher education, and that is why we three Senators who live along the border join the other Members of the Senate and especially those who represent counties along the border, though they don't live along the border, to ensure that we continue to promote access to higher education and we applaud Governor Rick Perry for including higher education as an issue in his State of the State Address. Thank you, Senator Sibley, for your leadership in addressing this issue.

Senator Truan: Thank you very much Mr. President and Members. I also wish to rise in support of this resolution of which I also am a Co-sponsor. Without a doubt, we have an opportunity to persuade the administration in Washington to do more to help us in Texas along the border. There is no doubt that we have had problems peculiar to the border. I remember as if it were yesterday that there were some 40 babies that were born without brains along the border. The EPA (Environmental Protection Agency) was supposed to have been involved. There was supposed to have been some other meetings with respect to finding out the causes of the lack of health services along the border. There have been attempts to try to help the border, but by gosh, now that we have President Bush in office, I hope that he includes funding for the programs along the border, that he gives us the kind of leadership that we need to ensure that people along the border have the very finest education needs met, the kind of transportation, the kind of federal assistance that we need to complement the state level. I cannot help but think that people are not aware, as even some of us were not aware until NAFTA came into being, that Mexico is such an important economic ally of this state and this country. They are the largest trading partner with Texas and they are the second largest trading partner with the United States next to Canada. They edged out Japan, which traditionally had been the number two trading partner. It is so important that we recognize that the media has over the years dramatized a lot of the problems of Mexico—illegal immigration, drugs, and other matters that are not complimentary of Mexico. It is high time that we recognize the positive aspects of Mexico. They are so important to the economic well-being of this state and this country. Over 70 percent of the products that they buy in Mexico are made in the United States. So, let's call a spade a spade. If we want to help out, let it not just be words, let it be action. Hopefully, this resolution, authored by Senator Sibley and so many of us, and people that were directly involved with the President's campaign—I was not—that we can impress upon him the importance of helping Texas and the border. Thank you.

Senator Gallegos: I just want to join with my colleagues that have already spoken, even though I come from an area that has the largest Hispanic population in the state, over a million Hispanics in the Houston/Harris County metroplex, I do recognize and I spend a lot of my time, Senator Zaffirini, in Laredo during the months of November, December, and January. I have seen, Senator Shapleigh, the truck traffic firsthand, especially during those times in November, December, and January when I spend a lot of my time in Laredo. I recognize that we have a problem and I think, Senator Sibley, that the border czar is needed, and I think that your visits to Chihuahua, and we had in our first Senate Hispanic Caucus meeting, we had Vicente Fox's representatives speak to us and they are ready to work hand-in-hand with us. I think that with the border czar from the federal government, that they could work hand-in-hand with us, and I do rise in support of SCR 16.

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Senator Sibley: One of the things that I point out, Senator, is that while there is a problem, I think people are overlooking the opportunity. I am looking at it as an opportunity and I think that if we can remove some of the impediments to trade, I think that the cities all over Texas, Dallas, Houston, I think Waco would benefit as well, certainly the cities along the border will. Also this spot would correspond to a spot that has already been appointed but not confirmed by Vicente Fox. Hopefully, those two people could work together to try to expedite trade across the border.

Senator Van de Putte: Senator, I am delighted to Co-sponsor this as well and wanted to ask you if you knew for sure the meaning of frontera. The frontera: this is a wonderful word and we talk about it, our border area, being the front door. We talk about this being a front-line issue and I am happy to support you and Senator Shapleigh and all of this as it benefits my area of San Antonio, but it will benefit all of Texas. Let's put this on the front line, in a new era, la frontera.

Senator Sibley: And once we get these crossings perfected, I know there is an area near Kelly Air Force Base perhaps where you could have a port of entry there, and you could have this all over the State of Texas as well. So, not only the border cities, but I think all the cities of Texas would benefit from this. So, thank you for your support.

Senator Lindsay: I think a point has just been made about how this could benefit all the state, and I would like to emphasize and talk on that just a second. I am thinking, of course, of Houston and the Port of Houston and all the traffic that comes from the Valley area up through the Houston area and on even farther than that. But I am thinking now, of course, about my own area and Senator Gallegos' area, the port, and the six of us Senators that are from this greater Houston area. It's very important to develop the kind of traffic and the kind of thoroughfares that go with that and I believe that by doing what you are talking about, creating a czar, we have a little bit better chance of getting the funding that we need for what they refer to as I-69, that will go through our part of the world, and past Houston and on all the way to Detroit. Hopefully, with a czar of that nature, who will be concentrating on this kind of economic activity, it would be a tremendous benefit to the entire State of Texas and I am proud to be a Co-sponsor of your bill. Thank you.

GUEST PRESENTED

Senator Zaffirini was recognized and introduced to the Senate Representative Richard Raymond of Laredo.

The Senate welcomed Representative Raymond.

GUESTS PRESENTED

Senator Ogden was recognized and introduced to the Senate the University Interscholastic League Class 3A state championship high school volleyball team: Lindsey Miller, Lani Jurena, Ashlee Ofczarzak, Cathy Rogers, Jessica Armstrong, Shana Snider, Andrea Wilde, Krista Muzny, and Beth Karasek; coaches Caroline Simpson, Wendy Weiss, and Scott Stapp; and managers Lindi Jurena and Vicki Morehead; all from Caldwell.

The Senate welcomed its guests.

Wednesday, January 24, 2001

SENATE JOURNAL

(Senator Truan in Chair)

SENATE RESOLUTION 81

Senator Staples offered the following resolution:

WHEREAS, Tara Watson, the reigning Miss Texas, is a worthy role model for all young Texans, and her immeasurable contributions in this regard make her a fitting goodwill ambassador for the Lone Star State; and

WHEREAS, Being a graduate of Lufkin High School and representing Hurst-Euless-Bedford in the Miss Texas pageant, this remarkable young woman was crowned Miss Texas on July 8, 2000, and has served with great distinction in this capacity, finishing among the top 10 contestants in the Miss America contest held last October; and

WHEREAS, During her tenure as Miss Texas, Ms. Watson has worked diligently to increase the public's understanding and knowledge of numerous important social issues; and

WHEREAS, Her many good works and deeds include promoting AIDS awareness and implementing a successful child mentoring program, "The Positive Connection," which is for children who are either infected with or affected by HIV/AIDS; moreover, she began an educational program for students called "Stayin' Alive"; and

WHEREAS, While representing our state, Ms. Watson has served with outstanding leadership and dedication, and it is most appropriate to honor her at this time; now, therefore, be it

RESOLVED, That the Senate of the 77th Texas Legislature hereby recognize January 24, 2001, as Miss Texas Day, and that Tara Watson be extended best wishes for continued good fortune and happiness in her future endeavors; and, be it further

RESOLVED, That an official copy of this resolution be prepared for Tara Watson as an expression of high regard by the Texas Senate.

The resolution was read.

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

On motion of Senator Staples, the resolution was adopted by a viva voce vote.

GUEST PRESENTED

Senator Staples was recognized and introduced to the Senate Tara Watson, the reigning Miss Texas.

The Senate welcomed Ms. Watson.

(President in Chair)

GUESTS PRESENTED

Senator Armbrister was recognized and introduced to the Senate a delegation of citizens and city officials from the City of Kenedy.

The Senate welcomed its guests.

77th Legislature — Regular Session 8th Day

HOUSE CONCURRENT RESOLUTION 12

The President laid before the Senate the following resolution:

HCR 12, Granting permission to the YMCA Youth and Government Program to use the chambers of the senate and house of representatives, auditorium, and committee rooms on January 25-28, 2001, and on January 24-27, 2002.

SHAPLEIGH

The resolution was read.

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

MOTION TO ADJOURN

On motion of Senator Truan and by unanimous consent, the Senate at 1:10 p.m. agreed to adjourn, in memory of former Representative Jerry Kenneth Johnson of Nacogdoches, upon completion of the introduction of bills and resolutions on first reading, until 11:00 a.m. tomorrow.

(Senator Truan in Chair)

SENATE BILLS AND RESOLUTIONS ON FIRST READING

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

SB 341 by Carona

Relating to correction of a third-party debt collector's or credit bureau's files.

To Committee on Business and Commerce.

SB 342 by Shapiro, Shapleigh

Relating to the participation of the Texas Department of Transportation in the acquisition, construction, maintenance, and operation of toll facilities.

To Committee on State Affairs.

SB 343 by Shapiro

Relating to funds maintained by and for the Texas Turnpike Authority division of the Texas Department of Transportation.

To Committee on State Affairs.

SB 344 by Bivins

Relating to the rates of the gas and oil severance taxes.

To Committee on Finance.

SB 345 by Bivins

Relating to representation of a person before an executive state agency by a member of the legislature.

To Committee on State Affairs.

SB 346 by Bivins

Relating to interest on judgments in certain civil actions.

To Committee on Jurisprudence.

Wednesday, January 24, 2001

SENATE JOURNAL

SB 347 by Brown

Relating to the purchase of prescription drugs for persons confined in institutions operated by the Texas Department of Criminal Justice.

To Committee on Criminal Justice.

SB 348 by Truan

Relating to the preservation of rail facilities by the Texas Department of Transportation.

To Committee on State Affairs.

SB 349 by Truan, Shapleigh

Relating to the creation of the Commission on 21st Century Colleges and Universities.

To Committee on Education.

SB 350 by Truan, Lucio

Relating to wage rates paid by or on behalf of certain school districts on public works projects.

To Committee on Education.

SB 351 by Truan

Relating to computation of the number of educationally disadvantaged students in public school districts without food service.

To Committee on Education.

SB 352 by Truan, Shapleigh

Relating to the collection of solid waste disposal service fees by a county or by certain public or private entities contracting with a county.

To Committee on Natural Resources.

SJR 12 by Shapiro, Shapleigh

Proposing a constitutional amendment in aid of turnpikes, toll roads, and toll bridges.

To Committee on State Affairs.

SJR 13 by Shapleigh

Proposing a constitutional amendment to create a consolidated El Paso Metro government by consolidating El Paso County and certain political subdivisions in

El Paso County.

To Committee on Intergovernmental Relations.

SENATE BILL 199 REREFERRED

Senator West submitted a Motion In Writing requesting that SB 199 be withdrawn from the Committee on Criminal Justice and rereferred to the Committee on Jurisprudence.

The Motion In Writing prevailed without objection.

RESOLUTIONS OF RECOGNITION

The following resolutions were adopted by the Senate:

Memorial Resolution

SR 88 by Armbrister, In memory of Texas State Trooper Randall W. Vetter of New Braunfels.

77th Legislature — Regular Session 8th Day

Congratulatory Resolutions

SR 85 by Cain, Congratulating Trang Vuong of Tyler.

SR 86 by West, Commending the Reverend Dr. C. A. W. Clark, Sr., of Dallas.

SR 87 by West, Congratulating Le'Toya Ashanti Glenn-Harris.

SR 89 by Armbrister, Congratulating the citizens of Matagorda County.

SR 90 by Armbrister, Commending the Texas Retired Teachers Association.

HCR 7 (Bivins), Honoring the 50th anniversary of St. Ann's School in Midland.

ADJOURNMENT

Pursuant to a previously adopted motion, the Senate at 1:13 p.m. adjourned, in memory of former Representative Jerry Kenneth Johnson of Nacogdoches, until 11:00 a.m. tomorrow.

Wednesday, January 24, 2001

SENATE JOURNAL

In Memory

of

Jerry Kenneth Johnson

Senator Staples offered the following resolution:

(House Concurrent Resolution 78)

WHEREAS, The State of Texas lost a distinguished native son with the passing of the Honorable Jerry Kenneth Johnson on April 19, 2000, at the age of 66; and

WHEREAS, A fifth-generation resident of Nacogdoches County, he was born October 11, 1933, and graduated from Nacogdoches High School and Texas A&M University; Mr. Johnson served his nation with distinction as an officer of the U.S. Army in the years following the Korean War; and

WHEREAS, He was elected to the Texas House of Representatives in 1988, and during his eight productive years with that body, Representative Johnson made many significant contributions through his diligent work on the Agriculture and Livestock, Human Services, Public Education, and Appropriations committees, as well as through his role as vice chairman of the Labor and Employment Relations and Pensions and Investments committees; and

WHEREAS, In addition to Mr. Johnson's legislative service, this civic-minded individual devoted his time and energy to a number of worthy organizations, including the Nacogdoches County Chamber of Commerce, the Nacogdoches Shrine Club, Nacogdoches Booster Club, Milam Masonic Lodge No. 2, and the Nacogdoches Rotary Club, and ably performed the duties of president for the Texas Rural Water Association and the Deep East Texas Development Association; and

WHEREAS, His diverse talents and dedication enabled him to achieve success as a faculty member and administrator at Stephen F. Austin State University, as a bank vice president, and as a local businessman; and

WHEREAS, A man of abiding faith, Mr. Johnson was an active worshiper at Fredonia Hill Baptist Church, where he was also a deacon and Sunday school teacher; and

WHEREAS, In all aspects of his life, Representative Johnson demonstrated unfailing wisdom, graciousness, and commitment to the betterment of his fellow citizens; although his presence will be deeply missed by all who were privileged to know him, the spirit of this dedicated Texan will surely live on in his remarkable legacy of achievement; now, therefore, be it

RESOLVED, That the 77th Legislature of the State of Texas hereby pay tribute to the life of Jerry Johnson and extend sincere sympathy to the members of his family: to his wife, Joan Stripling Johnson; to his parents, Jack and Merle Johnson; to his son and daughter-in-law, Ken and Melissa

77th Legislature — Regular Session 8th Day

Johnson; to his daughter and son-in-law, Carla and James Redfield; to his brother, Felix Johnson; to his grandchildren, Andrew Johnson and Benjamin Johnson and Cawren Redfield and James Redfield III; and to the many other friends, relatives, and colleagues of this beloved gentleman; and, be it further

RESOLVED, That an official copy of this resolution be prepared for the members of his family and that when the Texas House of Representatives and Senate adjourn this day, they do so in memory of the Honorable Jerry Kenneth Johnson.

The resolution was read.

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