Tuesday, January 30, 2001

SENATE JOURNAL

ELEVENTH DAY

Tuesday, January 30, 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, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, Wentworth, West, Zaffirini, Mr. President.

Absent-excused: Ogden, Whitmire.

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

The Reverend Marion Childress-Usher, Hospice Austin, offered the invocation as follows:

O Thou who art enthroned upon the praises of Your people of faith, both in this room and in far-flung places, hear us as we stand before You with bowed heads and humble hearts. We come to You as our starting point, our almighty source of reference, the ground of our being, and the source of our hope. As we begin a new year as elected officials in service to the citizens of this great state, we ask, in the words of the great King Solomon, to give these Your servants an understanding mind to govern these people, that we may discern between good and evil, for without Your wisdom and guidance we would not be able to govern this people or ourselves. Help us to not be puffed up or arrogant or wise in our own eyes, but be humble enough to admit when we are wrong and to quickly seek to make amends. In times of deep division, may we seek Your face and allow the rule of Your peace to govern our steps. Let bitterness, animosity, hardheartedness, and the unbridled tongue be hard to find in this chamber. Instead, may we conduct ourselves wisely and graciously, using the time well, that when this session has been completed we may go forth in the joy of work well done. And we shall in all things give You the honor, thanks, and praise. Amen.

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

LEAVES OF ABSENCE

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

77th Legislature — Regular Session 11th Day

On motion of Senator Truan, Senator Whitmire 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 Lindsay and Staples will be shown as Co-authors of SB 3.

CO-AUTHOR OF SENATE BILL 37

On motion of Senator Zaffirini and by unanimous consent, Senator Moncrief will be shown as Co-author of SB 37.

CO-AUTHOR OF SENATE BILL 38

On motion of Senator Zaffirini and by unanimous consent, Senator Moncrief will be shown as Co-author of SB 38.

SENATE BILLS ON FIRST READING

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

SB 431 by Carona

Relating to a specialty insurance agent license for certain persons who rent real property for residential use.

To Committee on Business and Commerce.

SB 432 by Carona

Relating to the detention and transportation of a person admitted to a county mental health facility for mental health services.

To Committee on Health and Human Services.

SB 433 by Carona

Relating to the uniform law on secured transactions.

To Committee on Business and Commerce.

SB 434 by Harris

Relating to the expunction of certain arrest records.

To Committee on Criminal Justice.

SB 435 by Staples

Relating to the amount of hazardous duty pay for certain state employees.

To Committee on Finance.

SB 436 by Staples

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

To Committee on Criminal Justice.

SB 437 by Staples

Relating to the offenses of criminal trespass and theft of service at a hotel.

To Committee on Criminal Justice.

SB 438 by Madla

Relating to permitting the value of natural resources to be included in the assessment of damages in a condemnation proceeding in certain circumstances.

To Committee on Intergovernmental Relations.

Tuesday, January 30, 2001

SENATE JOURNAL

SB 439 by Madla, Shapleigh

Relating to the match requirement for the receipt of state funds by certain organizations providing chemical dependency treatment services.

To Committee on Health and Human Services.

SB 440 by Madla

Relating to the regulation of certain health benefit plans.

To Committee on Business and Commerce.

SB 441 by Fraser

Relating to the administration of certain state agencies.

To Committee on State Affairs.

SB 442 by Fraser

Relating to the establishment and operation of a task force to examine issues regarding expansion of the provision of health benefits to employees of small businesses.

To Committee on Business and Commerce.

SB 443 by Fraser

Relating to analyzing the use of warehouse space by certain state agencies.

To Committee on State Affairs.

SB 444 by Fraser

Relating to a study by the Texas Workforce Commission of fraud in the unemployment insurance system.

To Committee on Business and Commerce.

SB 445 by Lindsay

Relating to the designation of an agent to represent a property owner in certain property tax matters.

To Committee on Intergovernmental Relations.

MESSAGE FROM THE GOVERNOR

The following Message from the Governor was read and was referred to the Committee on Nominations:

Austin, Texas

January 29, 2001

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

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

TO BE SECRETARY OF STATE DURING THE TERM OF OFFICE OF THIS GOVERNOR:

The Honorable Henry Cuellar

1519 Washington Street

Laredo, Texas 78040

Secretary Cuellar is replacing Elton Bomer of Montalbo whose term expired.

Respectfully submitted,

/s/Rick Perry

Governor

77th Legislature — Regular Session 11th Day

PHYSICIAN OF THE DAY

Senator Duncan was recognized and presented Dr. Hugh Wilson of Hale Center as the Physician of the Day.

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

GUESTS PRESENTED

Senator Brown was recognized and introduced to the Senate the University Interscholastic League Class 5A state championship football team from Katy High School in Katy, accompanied by coach Mike Johnston.

The Senate welcomed its guests.

ANNIVERSARY GREETINGS EXTENDED

Senator Ellis was recognized and, on behalf of the Senate, extended best wishes to Senator Zaffirini and her husband Carlos on their 36th wedding anniversary.

SENATE RESOLUTION 117

Senator Barrientos offered the following resolution:

WHEREAS, The Senate of the State of Texas takes great pride in recognizing Chicago Cubs coach, Don Baylor who has distinguished himself as a player, a coach, and a philanthropist; and

WHEREAS, A native Texan, Don played baseball, football, and basketball at Stephen F. Austin High School in Austin; and

WHEREAS, Don began his professional baseball career in 1970 with the Baltimore Orioles; he went on to play for the Oakland A's before spending five years with the California Angels; Don subsequently headed back to the East Coast and signed with the New York Yankees; he later played for the Boston Red Sox and the Minnesota Twins, spending a total of 19 spectacular seasons in the majors; and

WHEREAS, Don's career as a ball player is indeed distinguished; its highlights include winning the World Series with the Minnesota Twins, being named as the American League's Most Valuable Player, receiving All-Star recognition, and twice winning the American League's Outstanding Designated Hitter Award; and

WHEREAS, After retiring as a player, Don found other avenues for his talent; he achieved All-Star recognition two more times as a member of the National League's coaching staff; in 1993, Mr. Baylor became the first manager of the Colorado Rockies, and under his direction, the first-year club won more games than any other expansion club in modern National League history; in 1999, Don began his current position as the 46th manager of Chicago Cubs; and

WHEREAS, Giving back to his community is clearly a priority for Don, a man who, in 1985, was named the Roberto Clemente Man of the Year, an award given to a baseball player whose feats on the field are equally matched by his accomplishments on behalf of his community; and

WHEREAS, For the past 20 years, Don has raised funds to fight cystic fibrosis through his annual golf tournament held in southern California; he has conducted

Tuesday, January 30, 2001

SENATE JOURNAL

similar and successful tournaments in Denver and Chicago, raising generous sums for medical research; and

WHEREAS, His home state of Texas and his home city of Austin are indeed proud to call Don a native son; he is an exemplary and distinguished Texan whose many achievements, both on and off the field, are worthy of the highest recognition; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby recognize Don Baylor for the many outstanding contributions he has made to the sport of baseball and for his dedicated efforts on behalf of numerous charities and causes; and, be it further

RESOLVED, That a copy of this Resolution be prepared for him as an expression of the highest esteem of the Texas Senate.

The resolution was again read.

The resolution was previously adopted on Monday, January 29, 2001.

GUESTS PRESENTED

Senator Barrientos was recognized and introduced to the Senate Don Baylor, accompanied by his wife, Becky; his son, Don Baylor, Jr.; his father, George Baylor; his sister, Connie Baylor-Johnson; his uncle, Carter King; and his aunt, Ruth King.

The Senate welcomed its guests.

(Senator Truan in Chair)

SENATE RESOLUTION 56

Senator Moncrief offered the following resolution:

WHEREAS, The Senate of the State of Texas recognizes that asthma is a debilitating ailment which affects the quality of life of more than one million Texans; and

WHEREAS, Asthma is a chronic condition where blocked or narrowed airways cause sufferers to experience coughing, wheezing, and chest tightness; it can be effectively managed by simple prevention and control techniques, such as properly using medications and avoiding environmental triggers; and

WHEREAS, Asthma results in significant losses in worker productivity, health care resources, and school attendance; the annual cost of asthma to Texas has risen to more than $750 million; and

WHEREAS, Asthma is particularly devastating to children, causing one of every six pediatric emergency visits and ranking third among the causes of hospitalization for children under the age of 15; and

WHEREAS, The Asthma Coalition of Texas, a broad partnership of members from health care professions, public education, public health, patient advocacy, environmental agencies, insurance providers, and employers, aims to help Texans with asthma attain optimal health; and

WHEREAS, Through its Texas Asthma Plan, the coalition will promote measures to manage asthma while lowering the total health care costs it causes; and

WHEREAS, Asthma poses a significant health risk to a great many Texans; the efforts of the Asthma Coalition of Texas to educate the public about this ailment

77th Legislature — Regular Session 11th Day

constitute a valuable public health service and are indeed worthy of commendation; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby commend the Asthma Coalition of Texas for its efforts to improve asthma care, reduce the economic burden of asthma upon Texas communities, and eliminate preventable deaths caused by asthma; and, be it further

RESOLVED, That a copy of this Resolution be prepared in honor of the Asthma Coalition of Texas as an expression of appreciation from the Texas Senate.

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

GUESTS PRESENTED

Senator Moncrief was recognized and introduced to the Senate a delegation from the Asthma Coalition of Texas.

The Senate welcomed its guests.

(President in Chair)

GUEST PRESENTED

Senator Moncrief was recognized and introduced to the Senate Dr. Ronald Blank of the University of North Texas Health Science Center at Fort Worth.

The Senate welcomed Dr. Blank.

SENATE RESOLUTION 95

Senator Barrientos offered the following resolution:

WHEREAS, The Senate of the State of Texas recognizes that blood donations help save the lives of thousands of critically ill Texans each year; and

WHEREAS, A nonprofit health care organization founded in 1951, The Blood and Tissue Center of Central Texas is dedicated to safeguarding the community's gifts of blood and tissue and to maintaining a stable community blood supply level; and

WHEREAS, As the exclusive provider of therapeutic blood products for human transfusion to 26 hospitals and specialty treatment facilities in 10 counties, the work of The Blood and Tissue Center of Central Texas is crucial to the administration of health care services to area residents; and

WHEREAS, The center also performs tissue procurement services to hospitals in 50 Central, East, and South Texas counties, with tissue graft distribution statewide, nationwide, and, in some cases, worldwide; and

WHEREAS, With uncompromising quality and excellence, The Blood and Tissue Center of Central Texas performs a life-saving service for area residents; its work, however, cannot be accomplished without the generous blood donations from members of the community; and

WHEREAS, In Central Texas, 50,000 units of blood per year are required for the protection of patients; given the demand, Central Texas needs more community members to join the ranks of the 25,000 area residents who annually donate blood; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby designate January and February as 2001 Volunteer Blood Donor Months and encourage more Central Texans to give the gift of life by becoming volunteer blood donors; and, be it further

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SENATE JOURNAL

RESOLVED, That The Blood and Tissue Center of Central Texas, its current donors, its physician founders, and its staff be commended for the vital services they perform on behalf of Texas residents; and, be it further

RESOLVED, That a copy of this Resolution be prepared in honor of Volunteer Blood Donor Months and The Blood and Tissue Center of Central Texas.

The resolution was again read.

The resolution was previously adopted on Thursday, January 25, 2001.

GUESTS PRESENTED

Senator Barrientos was recognized and introduced to the Senate volunteers and staff members from The Blood and Tissue Center of Central Texas.

The Senate welcomed its guests.

(Senator Truan in Chair)

GUESTS PRESENTED

Senator Lucio was recognized and introduced to the Senate representatives of the Rio Grande Valley Partnership: Angie Planscencia from Cuidad Victoria, Mexico; David Allen; and Bill Summers.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator Duncan was recognized and introduced to the Senate a delegation from Leadership Odessa.

The Senate welcomed its guests.

RESOLUTIONS OF RECOGNITION

The following resolutions were adopted by the Senate:

Memorial Resolutions

SR 128 by Ellis, In memory of Lela B. Price of Houston.

SR 129 by Ellis, In memory of Alice D. Mouton of Houston.

Congratulatory Resolutions

SR 131 by Bernsen, Commending the citizens of the City of Port Arthur.

SR 132 by Cain, Congratulating Harold Lynn and Melva Jean Green of Greenville.

SR 133 by Cain, Congratulating William F. Lockridge.

Designation Resolutions

SR 135 by Armbrister, Recognizing February 27, 2001, as Fayette County Day at the State Capitol.

SR 136 by Truan, Declaring February 1, 2001, as Jim Wells County Day.

77th Legislature — Regular Session 11th Day

ADJOURNMENT

On motion of Senator Brown, the Senate at 11:35 a.m. adjourned, in memory of Dr. Lawrence Ray Clayton of Abilene, until 11:00 a.m. tomorrow.

APPENDIX

SENT TO GOVERNOR

January 30, 2001

SCR 4, SCR 16

Tuesday, January 30, 2001

SENATE JOURNAL

In Memory

of

Dr. Lawrence Ray Clayton

Senator Fraser offered the following resolution:

(Senate Resolution 130)

WHEREAS, The residents of Abilene lost a valued citizen with the death of Dr. Lawrence Ray Clayton, the beloved dean of the College of Liberal Arts at Hardin-Simmons University, on December 31, 2000, at the age of 62; and

WHEREAS, A native of San Antonio, Dr. Clayton was a graduate of Rusk High School and Ranger Junior College; he furthered his studies by earning bachelor's and master's degrees from Stephen F. Austin State University, an additional master's degree from the University of North Texas, and a doctorate from Texas Tech University; and

WHEREAS, This patriotic Texan was a veteran of both the Texas National Guard and the U.S. Army and proudly served his country as an officer during the Berlin Crisis; and

WHEREAS, Dr. Clayton began his exceptional teaching career as an instructor at his alma mater, Rusk High School; he then taught at R. L. Turner High School in Carrollton and Texas Tech University before joining the staff of Hardin-Simmons University as an English professor in 1968; for 33 years this esteemed educator touched the lives of countless students through his work as a professor, department head, dean of the English department, and finally dean of the College of Liberal Arts; and

WHEREAS, An accomplished author and historian as well, Dr. Clayton documented the life of contemporary cowboys and the history of ranching in Texas; he held membership in a host of related organizations, including the West Texas Historical Association, the Southwest Popular Cultural Association, the Texas Folklore Society, and the Western Literature Association, and he was a founding member of the Western Heritage Classic; and

WHEREAS, This estimable gentleman authored more than 30 books, 170 reviews, 130 articles, and numerous videos; among his acclaimed titles are Clear Fork Cowboys, Historic Ranches of Texas, Watkins Reynolds Matthews: A Biography, and Ranch Rodeos in West Texas; his latest work, Ranching: The History and Current Operation of Sixteen Working Ranches in Texas, is due to be released in summer 2001; and

WHEREAS, Dr. Clayton was recognized as a Ranger Junior College Distinguished Alumnus in 1976 and as a Distinguished English Graduate of Texas Tech University and the University of North Texas in 1988 and 1990, respectively; he was also the recipient of the Cowboy Culture Award for Writing and Publishing from the National Cowboy Symposium in Lubbock; and

77th Legislature — Regular Session 11th Day

WHEREAS, Highly regarded throughout the Hardin-Simmons campus, he was most recently honored by the Dodge Jones Foundation with the endowment of the Clayton Roundtable Room in the Elwin L. Skiles Social Sciences Building, which is being built at the university; and

WHEREAS, The memory of this esteemed Texan will long endure through the lasting legacy of achievement he leaves behind; now, therefore, be it

RESOLVED, That the Senate of the 77th Texas Legislature hereby honor the life of Dr. Lawrence Ray Clayton and extend sincere sympathy to his loved ones: to his wife, Sonja Clayton; to his daughter and son-in-law, DeLys and Matt Mitchell; to his daughter Lea Clayton; to his grandchildren, Amanda and Ashley Mitchell; and to his many other relatives and friends; 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 Senate adjourns this day, it do so in memory of Dr. Lawrence Ray Clayton.

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

Senator Fraser was recognized and introduced to the Senate Dr. Clayton's wife, Sonja; his daughter, Lea; his daughter and son-in-law, DeLys and Matt Mitchell; his grandchildren, Amanda and Ashley Mitchell; Dr. Lanny Hall, President of Hardin-Simmons University, and his wife, Carol; Terry Harlow, Executive Director of Region XIV Education Service Center; Mr. and Mrs. Watson Moore, Hardin-Simmons University; and Dr. and Mrs. Randy Armstrong, Hardin-Simmons University.

The Senate welcomed its guests and extended its sympathy.