Monday, February 5, 2001

SENATE JOURNAL

FOURTEENTH DAY

Monday, February 5, 2001

PROCEEDINGS

The Senate met at 1:00 p.m. pursuant to adjournment and was called to order by the President.

The roll was called and the following Senators were present: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, Wentworth, Whitmire, Zaffirini, Mr. President.

Absent-excused:  West.

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

The Reverend Randy G. Vaughn, Mount Sinai Missionary Baptist Church, Port Arthur, offered the invocation as follows:

O Lord of goodness and peace, in a time when our nation struggles for its survival against irresponsible outbursts of greed, violence, and turmoil, we bow humbly seeking divine guidance.

You watched over the Pilgrims as they drew up the Mayflower Compact, over those who drafted and signed the Declaration of Independence. You have inspired many to work for justice and liberty and happiness for all. So, guide us all to work constructively with our problems, as coworkers for Your kingdom.

We bow in gratitude for our heritage, acknowledging others have labored, and we enter into their labors. We stand in appreciation for those who have served here. As we open a new chapter in this state's life, we are grateful for a life to live, and a life to give.

Bless our new Governor with the spirit and wisdom, leadership and patience to sustain harmony amid progress, and to blend diversity into unity. Bless the statesmen, newly and past-elected, to work for right, that each may exercise self-control and prepare adequately for responsible service for the sake of this state and her citizens. In Thy holy name we pray. Amen.

On motion of Senator Truan and by unanimous consent, the reading of the Journal of the proceedings of Thursday, February 1, 2001, was dispensed with and the Journal was approved.

77th Legislature — Regular Session 14th Day

LEAVE OF ABSENCE

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

CO-AUTHOR OF SENATE BILL 35

On motion of Senator Zaffirini and by unanimous consent, Senator Lucio will be shown as Co-author of SB 35.

CO-AUTHOR OF SENATE BILL 40

On motion of Senator Zaffirini and by unanimous consent, Senator Lucio will be shown as Co-author of SB 40.

CO-AUTHOR OF SENATE BILL 41

On motion of Senator Zaffirini and by unanimous consent, Senator Lucio will be shown as Co-author of SB 41.

CO-AUTHOR OF SENATE BILL 42

On motion of Senator Zaffirini and by unanimous consent, Senator Lucio will be shown as Co-author of SB 42.

CO-AUTHOR OF SENATE BILL 44

On motion of Senator Zaffirini and by unanimous consent, Senator Lucio will be shown as Co-author of SB 44.

CO-AUTHOR OF SENATE BILL 47

On motion of Senator Zaffirini and by unanimous consent, Senator Lucio will be shown as Co-author of SB 47.

CO-AUTHOR OF SENATE BILL 55

On motion of Senator Zaffirini and by unanimous consent, Senator Lucio will be shown as Co-author of SB 55.

CO-AUTHORS OF SENATE BILL 68

On motion of Senator Moncrief and by unanimous consent, Senators Nelson and Shapiro will be shown as Co-authors of SB 68.

CO-AUTHORS OF SENATE BILL 140

On motion of Senator Moncrief and by unanimous consent, Senators Nelson and Shapiro will be shown as Co-authors of SB 140.

CO-AUTHOR OF SENATE BILL 161

On motion of Senator Zaffirini and by unanimous consent, Senator Lucio will be shown as Co-author of SB 161.

Monday, February 5, 2001

SENATE JOURNAL

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

February 5, 2001

The Honorable President of the Senate

Senate Chamber

Austin, Texas

Mr. President:

I am directed by the House to inform the Senate that the House has taken the following action:

THE HOUSE HAS PASSED THE FOLLOWING MEASURES:

HCR 99, In honor of Carl Lewis's outstanding work with the Best Buddies International organization.

Respectfully,

/s/Sharon Carter, Chief Clerk

House of Representatives

PHYSICIAN OF THE DAY

Senator Madla was recognized and presented Dr. Raymond Garcia of Del Rio as the Physician of the Day.

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

SENATE BILLS AND RESOLUTIONS ON FIRST READING

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

SB 300 by Lucio

Relating to the continuation and functions of the Coastal Coordination Council.

To Committee on Natural Resources.

SB 496 by Shapleigh

Relating to a study of barriers to providing binational health benefit plan coverage.

To Committee on Business and Commerce.

SB 497 by Shapleigh

Relating to information a state agency may post on the Internet.

To Committee on State Affairs.

SB 498 by Truan

Relating to the training requirements for certain employees of nursing homes.

To Committee on Health and Human Services.

SB 499 by Wentworth

Relating to the composition of the districts of the Texas Senate.

To Committee on Redistricting.

77th Legislature — Regular Session 14th Day

SB 500 by Wentworth

Relating to the composition of the districts for the election of members of the United States House of Representatives from the State of Texas.

To Committee on Redistricting.

SB 501 by Wentworth

Relating to the composition of the districts of the State Board of Education.

To Committee on Redistricting.

SB 502 by Sibley, Harris

Relating to the creation of a judicial district composed of Johnson and Somervell counties.

To Committee on Jurisprudence.

SB 503 by Lindsay

Relating to the North Harris County Regional Water Authority.

To Committee on Natural Resources.

SB 504 by Wentworth

Relating to enrichment curriculum requirements.

To Committee on Education.

SB 505 by Brown

Relating to requiring students enrolled at certain medical and dental units to have health insurance coveraqe.

To Committee on Education.

SB 506 by Shapleigh

Relating to school districts with year-round schools operated on multitrack calendars.

To Committee on Education.

SB 507 by Carona, Ellis

Relating to residential subdivisions that require membership in a property owners' association.

To Committee on State Affairs.

SB 508 by Shapleigh

Relating to establishing task forces in certain border communities to study impediments to trade in the border region.

To Committee on Business and Commerce.

SB 509 by Moncrief, Madla

Relating to an asbestos survey before issuance of a building permit to renovate or demolish a public building.

To Committee on Intergovernmental Relations.

SB 510 by Armbrister, Truan

Relating to the procurement methods a political subdivision or a related entity may use.

To Committee on Intergovernmental Relations.

SB 511 by Sibley

Relating to the adoption and use of certain plumbing codes.

To Committee on Business and Commerce.

Monday, February 5, 2001

SENATE JOURNAL

SB 512 by Duncan, Lindsay

Relating to the investment and management of the permanent school fund.

To Committee on Education.

SB 513 by Ellis, Harris

Relating to the period of service of the directors of legislative agencies.

To Committee on State Affairs.

SB 514 by Truan

Relating to expanding grant programs formerly limited to physicians to include other health care professionals.

To Committee on Health and Human Services.

SB 515 by Madla, Moncrief

Relating to the establishment of an adult fatality review team and to the reporting and investigation of certain adult deaths.

To Committee on Health and Human Services.

SB 516 by Madla

Relating to creating the rural physician relief program.

To Committee on Intergovernmental Relations.

SB 517 by Lucio, Truan, Zaffirini, Fraser, Jackson, Shapleigh, Sibley, Van de Putte, Carona, West

Relating to authorizing certain counties to regulate land development; providing a penalty.

To Committee on Business and Commerce.

SB 518 by Lucio

Relating to public school counselors.

To Committee on Education.

SB 519 by Shapleigh

Relating to requiring a state agency that adjusts a local matching funds requirement to submit an annual report.

To Committee on Finance.

SB 520 by Shapleigh

Relating to the annual report by the Commission on Human Rights concerning certain hiring practices.

To Committee on State Affairs.

SB 521 by Shapleigh

Relating to posting the state budget on the Internet.

To Committee on Finance.

SB 522 by Armbrister

Relating to participation and credit in, contributions to, and benefits and administration of the Texas Municipal Retirement System.

To Committee on Intergovernmental Relations.

SB 523 by Armbrister

Relating to participation and credit in, contributions to, and benefits and administration of the Texas County and District Retirement System.

To Committee on Intergovernmental Relations.

77th Legislature — Regular Session 14th Day

SB 524 by Armbrister, Nelson

Relating to participation by private school students in University Interscholastic League sponsored activities.

To Committee on Education.

SB 525 by Armbrister

Relating to the creation, administration, powers, duties, operation, and financing of the Post Oak Groundwater Conservation District.

To Committee on Natural Resources.

SB 526 by Armbrister

Relating to the age at which a child may be admitted to public school.

To Committee on Education.

SB 527 by Moncrief

Relating to imposition of administrative penalties against assisted living facilities.

To Committee on Health and Human Services.

SB 528 by Sibley

Relating to the recording of expenditures of revenue from the municipal hotel occupancy tax.

To Committee on Intergovernmental Relations.

SCR 21 by Lucio, Madla, Truan, Zaffirini

Memorializing Congress to develop a treaty or agreement with Mexico to address health issues of mutual concern.

To Committee on Business and Commerce.

SJR 20 by Duncan, Lindsay

Proposing a constitutional amendment relating to the authority to invest and manage the permanent school fund.

To Committee on Education.

SJR 21 by Zaffirini

Proposing a constitutional amendment to abolish the office of justice of the peace in McMullen County.

To Committee on Intergovernmental Relations.

SENATE RESOLUTION 178

Senator Harris offered the following resolution:

WHEREAS, History remembers because there has been someone with a sure ear and quick hand to write it down; history, in its purest, most objective form has the court reporter to thank for the complete, uninterpreted record; and

WHEREAS, In ancient times the recorder began this noble profession as a scribe, writing down the events of ancient Greece, Judea, Persia, and the Roman Empire; the first shorthand reporter on record has been identified as Marcus Tullius Tiro in 63 B.C.; Tiro became Cicero's secretary and used a metal stylus and wax-covered tablets to record the speeches of Cato; and

WHEREAS, Many notable events have been witnessed and recorded by shorthand reporters, such as the debates of the First Congress of the United States, the Nuremburg Trials, the proceedings of the Warren Commission, the Watergate hearings, the Lindbergh kidnaping trials, and the death of Abraham Lincoln; and

WHEREAS, Charles Dickens, himself a parliamentary court reporter, had his character David Copperfield observe that shorthand "was about equal to the mastery of six languages"; and

Monday, February 5, 2001

SENATE JOURNAL

WHEREAS, From stylus to computer, the history of court reporting mirrors the history of civilization; much of what we know of history is owed to the reporters of the time; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby recognize February 5, 2001, as Court Reporter Day at the State Capitol and encourage all Texans to celebrate the contributions of the 3,097 certified court reporters in Texas.

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

GUESTS PRESENTED

Senator Harris was recognized and introduced to the Senate a delegation of students from the Texas Court Reporters Association.

The Senate welcomed its guests.

SENATE RESOLUTION 131

Senator Bernsen offered the following resolution:

WHEREAS, The Senate of the State of Texas is pleased to recognize the citizens of Port Arthur and surrounding communities on the joyous occasion of Port Arthur Day in Austin, which takes place February 4 through 6, 2001; and

WHEREAS, This event provides the citizens of Southeast Texas with an opportunity to rejoice in the amenities of their outstanding community and to take pride in their unique contributions to the State of Texas; and

WHEREAS, Founded in 1895 by Arthur E. Stilwell, a railroad promoter, Port Arthur was destined to become the second largest oil-refining site in the nation; and

WHEREAS, The Spindletop gusher ushered in the great Southeast Texas oilfield boom, and a crowd of nearly 20,000 gathered in Beaumont on January 10, 2001, to celebrate the 100th anniversary of the Spindletop gusher; and

WHEREAS, Though situated in a famous oil refinery area, Port Arthur is also well known for its surrounding beauty, including the McFaddin and Texas Point national wildlife refuges, birding trails, and other forms of nature; and

WHEREAS, Snow geese, many species of ducks, and other waterfowl populate the enchanting marshes, providing excellent hunting; Sabine Lake and the nearby Gulf of Mexico provide for excellent freshwater and saltwater fishing, shrimping, and other industrial opportunities; and

WHEREAS, Local citizens and tourists enjoy Sea Rim State Park and the Sabine Pass Battleground State Historical Park, which marks the site of a Civil War battle in which a small number of Confederates forced a large Union fleet to retreat; and

WHEREAS, Known for its commitment to building a stronger economy, Port Arthur is home to Lamar State College-Port Arthur and was the first city in Texas to adopt the 12-grade public school system; and

WHEREAS, Southeast Texas residents are hardworking, generous, and hospitable, and they have successfully preserved the beauty and charm of their area; and

WHEREAS, The Chambers of Commerce in Southeast Texas have formed a coalition to include Jefferson County, along with the chambers within Port Arthur, Beaumont, Groves, Nederland, and Port Neches; and

77th Legislature — Regular Session 14th Day

WHEREAS, This coalition known as Jefferson County Chambers of Commerce Legislative Response Team is hosting the first Jefferson County Breakfast on February 6, 2001, at the Driskill Hotel; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby commend the citizens of Port Arthur and those from throughout Southeast Texas and extend best wishes to them for successful and rewarding Port Arthur Day events; and, be it further

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

The resolution was again 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.

The resolution was previously adopted on Tuesday, January 30, 2001.

GUESTS PRESENTED

Senator Bernsen was recognized and introduced to the Senate a delegation of citizens from the City of Port Arthur, accompanied by city officials and Mr. and Mrs. Gator.

The Senate welcomed its guests.

GUEST PRESENTED

Senator Lucio was recognized and introduced to the Senate Keith B. Davis, co-founder and President of Inside Out International, Incorporated, of Carrollton.

The Senate welcomed Mr. Davis.

GUESTS PRESENTED

Senator Cain was recognized and introduced to the Senate former Texas Ranger Captain David Byrnes and retired Texas Ranger Lieutenant Robert Madeira.

The Senate welcomed Mr. Byrnes and Mr. Madeira.

SENATE CONCURRENT RESOLUTION 11

ON SECOND READING

On motion of Senator Whitmire and by unanimous consent, all necessary rules and the regular order of business were suspended to take up for consideration at this time on its second reading:

SCR 11, Granting permission to the Texas DeMolay Association to use the Senate and House of Representatives chambers.

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

RESOLUTIONS OF RECOGNITION

The following resolutions were adopted by the Senate:

Memorial Resolutions

SR 171 by Ellis, In memory of John T. Biggers of Houston.

SR 175 by Ellis, In memory of Velma Lee Davis of Houston.

Monday, February 5, 2001

SENATE JOURNAL

Congratulatory Resolutions

SR 168 by Van de Putte, Congratulating Linda DeMino of San Antonio.

SR 169 by Cain, Congratulating Nancy and Boots Bowman.

SR 172 by Ellis, Congratulating Andrew L. Jefferson, Jr.

SR 173 by Ellis, Congratulating Lieutenant Colonel Melvin L. Myers.

SR 174 by Ellis, Congratulating Paige Justin Lockett.

SR 176 by Barrientos, Congratulating Burl Davis.

SR 177 by West, Congratulating Ismael "Bob" Morales of Dallas.

SR 179 by Barrientos, Commending the recipients of the 2001 Texas Excellence Awards for Outstanding Teachers.

SR 180 by Barrientos and Lucio, Congratulating Bea Mann of Austin.

SR 181 by Ogden, Commending the Global Ocean Observing System and the Gulf of Mexico Ocean Observing System.

SR 183 by Ogden, Commending the Leon High School girls volleyball team.

SR 184 by Fraser, Congratulating Melvin and Ruth Barnes.

SR 185 by Barrientos, Congratulating Irma D. Bermea.

Legislative Policy Resolution

SR 182 by Ogden, Commending the efforts of Texas A&M University in seeking designation as the Science Operator for the new Integrated Ocean Drilling Program.

ADJOURNMENT

On motion of Senator Truan, the Senate at 1:36 p.m. adjourned, in memory of John Anthony "Rocky" Riojas of San Antonio; Jesse Areola, Jr., of Uvalde; and Richard Lee Marler of Port Arthur, until 11:00 a.m. tomorrow.

APPENDIX

COMMITTEE REPORTS

The following committee reports were received by the Senate:

February 5, 2001

HEALTH AND HUMAN SERVICES — SB 37, SB 38, SB 144, SB 145, SB 152, SB 171, CSSB 36, SB 83 (Amended), CSSB 332

CRIMINAL JUSTICE — CSSB 24, CSSB 25, CSSB 173, CSSB 139, SB 328

77th Legislature — Regular Session 14th Day

In Memory

of

Richard Lee Marler

Senator Bernsen offered the following resolution:

(Senate Resolution 163)

WHEREAS, The Senate of the State of Texas joins the citizens of Port Arthur in mourning the death of beloved high school football coach and community leader Richard Lee Marler, who died November 22, 2000; and

WHEREAS, Born August 5, 1943, in Floydada, Richard proved himself a sports enthusiast early in life; as a student at Floydada High School, Richard lettered in football, basketball, tennis, and track and was also all-district in football; and

WHEREAS, Richard went on to run track at McMurry College before ultimately graduating with his bachelor's degree from Texas Tech University in 1966; he began his coaching career the following year; and

WHEREAS, Richard served as a head football coach in Port Arthur Independent School District for 25 years; during his 23 years at Stephen F. Austin High School, he maintained a tight-knit coaching team and rose to prominence by leading his boys to the playoffs 10 times, five of them consecutive; while coaching at Stephen F. Austin he created the annual Golden Triangle Coaching Clinic; and

WHEREAS, The final two years of his career, Richard worked hard to transform struggling players at Thomas Jefferson High School into a team that ultimately made it to the playoffs in 2000; and

WHEREAS, Widely regarded as a Southeast Texas coaching superstar, Richard was recognized many times for his considerable abilities; among his many honors, Richard was named District Coach of the Year four times and Golden Triangle Coach of the Year twice; he also received the high honor of being inducted into the Southeast Texas Coaches Association Hall of Honor and the Texas High School Coaches Hall of Fame; and

WHEREAS, Later in life, Richard took an active role in promoting the well-being of young Texans on a statewide level, serving on the Governor's Commission for Juvenile Justice and Delinquent Prevention and on the Governor's Commission for Physical Fitness; he also served on the Port Arthur Mayor's Umbrella Committee for At-Risk Students; and

WHEREAS, While it is impossible to list all of the significant contributions that Richard made to coaching in Texas or to measure the positive impact he had on the lives of the many young people he worked with, it is appropriate to conclude that Richard achieved distinction in a profession filled with extraordinary accomplishments by many individuals; and

Monday, February 5, 2001

SENATE JOURNAL

WHEREAS, Richard leaves his family, friends, and the athletes he coached many treasured memories and a legacy of commitment to his community and profession; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby extend sincere condolences to the family of Richard Lee Marler: his wife, Linda; his two children, Trisha and Chuck; his mother, Lynn; and his eight grandchildren; and, be it further

RESOLVED, That a copy of this Resolution be prepared for the members of his family as an expression of deepest sympathy from the Texas Senate, and that when the Senate adjourns this day, it do so in memory of Richard Marler.

The resolution was again 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.

The resolution was previously adopted on Thursday, February 1, 2001.

Senator Bernsen was recognized and introduced to the Senate the family of Richard Marler: his wife, Linda; his mother, Lynn Marler; his daughter and son-in-law, Trisha and Danny Gonzales; his son and daughter-in-law, Chuck and Emily Marler; his granddaughters, Wendi Gonzales, Jamie Stevens, Becca Stephens, and Taylor Stephens; his sister, Sandra Frysinger; his brothers, Bob and Steve Marler; his sister-in-law, Vickie Marler; his nephew, Jimmy Marler; his grandnephews, Chase Marler and Braeden Meyer; his niece, Stormy Goodrich; and his niece and nephew-in-law, Tracy and Chris Meyer.

The Senate welcomed its guests and extended its sympathy.