Monday, March 19, 2001

SENATE JOURNAL

THIRTY-EIGHTH DAY

Monday, March 19, 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, Shapleigh, Sibley, Staples, Truan, Van de Putte, Wentworth, West, Whitmire, Zaffirini, Mr. President.

Absent-excused:  Shapiro.

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

The Reverend Ivan Johnson, Mount Olive Baptist Church, Terrell, offered the invocation as follows:

We thank You today, O God, for life, for health, for peace. How truly blessed we are to be loved by You. We thank You for the opportunities of service. Help us to appreciate the contributions of those who have gone before us. Thank You for these men and women who serve in this chamber today. Grant to them today clarity of mind and focus of thought. Thank You for all the men and women who defend our country. And bless the families of those who have lost their lives. God bless America. Share this journey of life with us. Catch us when we stumble, strengthen us when we tire. Forgive us when we sin. Lead us lest we stray. Amen.

On motion of Senator Truan and by unanimous consent, the reading of the Journal of the proceedings of Thursday, March 15, 2001, was dispensed with and the Journal was approved.

LEAVE OF ABSENCE

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

CO-AUTHOR OF SENATE BILL 8

On motion of Senator Cain and by unanimous consent, Senator Lucio will be shown as Co-author of SB 8.

CO-AUTHOR OF SENATE BILL 11

On motion of Senator Nelson and by unanimous consent, Senator Ellis will be shown as Co-author of SB 11.

77th Legislature — Regular Session 38th Day

CO-AUTHORS OF SENATE BILL 141

On motion of Senator Moncrief and by unanimous consent, Senators Nelson and Shapleigh will be shown as Co-authors of SB 141.

CO-AUTHOR OF SENATE BILL 154

On motion of Senator Truan and by unanimous consent, Senator Moncrief will be shown as Co-author of SB 154.

CO-AUTHOR OF SENATE BILL 273

On motion of Senator Armbrister and by unanimous consent, Senator Staples will be shown as Co-author of SB 273.

CO-AUTHOR OF SENATE BILL 911

On motion of Senator Madla and by unanimous consent, Senator Van de Putte will be shown as Co-author of SB 911.

CO-AUTHOR OF SENATE BILL 1015

On motion of Senator West and by unanimous consent, Senator Staples will be shown as Co-author of SB 1015.

CO-AUTHOR OF SENATE BILL 1156

On motion of Senator Zaffirini and by unanimous consent, Senator Moncrief will be shown as Co-author of SB 1156.

CO-AUTHOR OF SENATE BILL 1358

On motion of Senator Armbrister and by unanimous consent, Senator Moncrief will be shown as Co-author of SB 1358.

CO-AUTHOR OF SENATE BILL 1394

On motion of Senator Fraser and by unanimous consent, Senator Madla will be shown as Co-author of SB 1394.

CO-AUTHOR OF SENATE BILL 1456

On motion of Senator Lucio and by unanimous consent, Senator Bernsen will be shown as Co-author of SB 1456.

CO-AUTHOR OF SENATE CONCURRENT RESOLUTION 5

On motion of Senator Shapleigh and by unanimous consent, Senator Zaffirini will be shown as Co-author of SCR 5.

CO-AUTHORS OF SENATE CONCURRENT RESOLUTION 41

On motion of Senator Bivins and by unanimous consent, Senators Armbrister, Barrientos, Bernsen, Brown, Duncan, Ellis, Gallegos, Jackson, Lindsay, Madla, Moncrief, Nelson, Van de Putte, Wentworth, and Zaffirini will be shown as Co-authors of SCR 41.

PERMISSION TO INTRODUCE BILLS AND RESOLUTIONS

Senator Truan moved to suspend Senate Rule 7.07(b) and Section 5, Article III of the Texas Constitution to permit the introduction of the following bills: SB 1761, SB 1762.

Monday, March 19, 2001

SENATE JOURNAL

The motion prevailed by the following vote: Yeas 29, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

Absent-excused: Shapiro.

SENATE BILLS ON FIRST READING

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

SB 1761 by Truan

Relating to designating the state Tejano Music Hall of Fame.

To Committee on Administration.

SB 1762 by Wentworth

Relating to the authority of a county to regulate land development after a local option election.

To Committee on Intergovernmental Relations.

HOUSE BILLS ON FIRST READING

The following bills received from the House were read first time and referred to the committees indicated:

HB 120 to Committee on Education.

HB 317 to Committee on Jurisprudence.

HB 444 to Committee on Intergovernmental Relations.

HB 656 to Committee on Criminal Justice.

HB 769 to Committee on Jurisprudence.

HB 782 to Committee on Intergovernmental Relations.

HB 957 to Committee on Business and Commerce.

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

March 19, 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:

HB 62, Relating to the authority of certain courts to try civil cases at institutions of higher education and other schools.

HB 82, Relating to an exemption from sales and use taxes for certain taxable items sold by a qualified student organization affiliated with an institution of higher education.

77th Legislature — Regular Session 38th Day

HB 121, Relating to information a person required to register as a sex offender must report to a local law enforcement authority.

HB 244, Relating to exempting certain emergency service organizations from the sales and use tax on boats and boat motors.

HB 831, Relating to the cancellation of an election to fill a vacancy in the legislature when a candidate is running unopposed.

HB 997, Relating to the time in which a court may conduct a hearing or render a final order in a suit to terminate the parent-child relationship.

HB 1212, Relating to installment payments of tuition and fees by a student enrolled for a summer session at a public institution of higher education.

HB 1629, Relating to the provision of water by the Lower Colorado River Authority to a municipality outside the Colorado River basin.

Respectfully,

/s/Sharon Carter, Chief Clerk

House of Representatives

SENATE BILL 1468 REREFERRED

Senator Moncrief submitted a Motion In Writing requesting that SB 1468 be withdrawn from the Committee on State Affairs and rereferred to the Committee on Health and Human Services.

The Motion In Writing prevailed without objection.

PHYSICIAN OF THE DAY

Senator Ogden was recognized and presented Dr. Robert Stark of Brenham as the Physician of the Day.

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

(Senator Nelson in Chair)

SENATE RESOLUTION 431

Senator Van de Putte offered the following resolution:

WHEREAS, The Senate of the State of Texas is pleased to recognize the Young Men's Christian Association of San Antonio on the grand occasion of its 125th anniversary; and

WHEREAS, The Young Men's Christian Association in San Antonio is dedicated to building strong families and communities; it serves people of all ages, incomes, and abilities through a wide variety of programs designed to meet changing community needs; and

WHEREAS, The organization incorporates the values of honesty, respect, and responsibility into all of its programs; it sponsors such activities as group swimming lessons, English as a second language classes, night school classes, and public library programs; and

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SENATE JOURNAL

WHEREAS, The Young Men's Christian Association in San Antonio provides parents with high-quality child care, teens with safe events to attend, and senior citizens with social programs; the organization provides many of its services through its partnership with schools, hospitals, churches, parks, and charities and is a volunteer-based and volunteer-led movement; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby commend the Young Men's Christian Association of San Antonio on its invaluable contributions to citizens throughout the city; and, be it further

RESOLVED, That a copy of this Resolution be prepared as a memento of the organization's 125th anniversary and as an expression of esteem 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 Thursday, March 8, 2001.

GUESTS PRESENTED

Senator Van de Putte was recognized and introduced to the Senate a delegation from the Young Men's Christian Association: Marcus Douglas, Angel Gomez, Jaclynn Jimenez, Desiree Mendiola, Nicole Mendiola, Chriselda Cantu, Shanik Pipkin, Elizabeth Lain, Vanessa Serrato, Anthony Dubbs, Melissa Mireles, and Lisa Gomez, accompanied by Maggie Gomez, Jose Rendon, and Larry Crutsinger.

The Senate welcomed its guests.

SENATE RESOLUTION 432

Senator Van de Putte offered the following resolution:

WHEREAS, The Senate of the State of Texas is pleased to recognize the Young Men's Christian Association of the United States on the grand occasion of the organization's 150th anniversary, which is being celebrated this year; and

WHEREAS, The Young Men's Christian Association is dedicated to building strong families and communities; it serves people of all ages, incomes, and abilities through a wide variety of programs designed to meet changing community needs; and

WHEREAS, The organization incorporates the values of honesty, respect, and responsibility into all of its programs; it serves nearly 18 million members per year by sponsoring such activities as group swimming lessons, English as a second language classes, night school classes, and public library programs; and

WHEREAS, The Young Men's Christian Association provides parents with high-quality child care, teens with safe events to attend, and senior citizens with social programs; the organization provides many of its services through its partnership with schools, hospitals, churches, parks, and charities and is a volunteer-based and volunteer-led movement; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby commend the Young Men's Christian Association on its invaluable contributions to citizens across the country; and, be it further

77th Legislature — Regular Session 38th Day

RESOLVED, That a copy of this Resolution be prepared as a memento of the organization's 150th anniversary and as an expression of esteem from the Texas Senate.

The resolution was again read.

The resolution was previously adopted on Thursday, March 8, 2001.

SENATE RESOLUTION 496

Senator Armbrister offered the following resolution:

WHEREAS, The Senate of the State of Texas is pleased to recognize Safe Return, a nationwide identification, support, and registration program for persons suffering from Alzheimer's disease and their caretakers; and

WHEREAS, Each year, millions of Americans afflicted with Alzheimer's disease lose their ability to recognize familiar places and people; these sufferers become easily lost and can wander far from home; and

WHEREAS, Families and caretakers of those with Alzheimer's disease live in constant fear that their loved ones may become disoriented and stray beyond the safety of their homes; such incidents can occur even when sufferers are vigilantly monitored; and

WHEREAS, Safe Return assists families and caretakers by promptly identifying and returning those Alzheimer's sufferers who become lost; the organization accomplishes its goal by providing those with Alzheimer's an identification bracelet or necklace, clothing labels, and wallet cards; these items, which feature a toll-free crisis number, signal that the individual is memory impaired and may need help; and

WHEREAS, To assist in the locating and return of lost persons, Safe Return maintains a national information and photo database that includes important emergency contact information and photographs of Alzheimer's patients, a 24-hour, toll-free crisis line, and a fax alert notification system; and

WHEREAS, In addition to its identification services, Safe Return acts as an education center for those families coping with Alzheimer's disease; it offers training on how to handle wandering behavior and also provides information about a nationwide network of over 200 community-based Alzheimer's support chapters; and

WHEREAS, Safe Return's success depends on community cooperation; radio and television stations that broadcast the names and likenesses of missing Alzheimer's patients and those citizens who take responsibility for helping them play a critical role in this important public health effort; and

WHEREAS, For the families and caretakers of Alzheimer's sufferers, the knowledge that their loved ones may become lost is one of the most unsettling aspects of the disease; Safe Return is an invaluable resource for these families and caretakers, serving a critical healthcare need in communities throughout Texas and around the nation; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby commend the humanitarian work of Safe Return and encourage radio and television stations in Texas to implement a plan to help Safe Return find missing Alzheimer's patients; and, be it further

RESOLVED, That a copy of this Resolution be prepared to inform all Texans about this vital public health initiative.

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

Monday, March 19, 2001

SENATE JOURNAL

SENATE RESOLUTION 440

Senator Cain offered the following resolution:

WHEREAS, The Texas Senate is proud to recognize Kaufman County and to join its citizens in honoring their important contributions to the State of Texas on Kaufman County Day, which is being celebrated on March 19, 2001; and

WHEREAS, The petition to organize the county was drawn by John H. Reagan in 1848, and the new county was named for David Spangler Kaufman, a member of the Texas and United States congresses; and

WHEREAS, For the last 153 years, the citizens of the area have been the personification of rugged individualism and the spirit of independence that built the State of Texas; and

WHEREAS, The fertile land grows abundant crops and occupies an area of 786.1 square miles; lying partly in the upper Blackland prairie and partly in the southeastern post oak belt of the East Texas timber country, the area is drained by the Trinity River and Cedar Creek; and

WHEREAS, Kaufman County was first settled by Dr. William P. King in late 1840 when he headed a group of 40 people from Holly Springs, Mississippi, who came to Texas to begin a new life with land scrip that Dr. King had acquired; the scrip was used to finance the Texas Revolution; and

WHEREAS, The families built a fort near the three forks of the Trinity River and named the fort in the doctor's honor; the rapidly growing territory was surveyed because other settlers and their families were drawn to the area, and homes were needed for them; and

WHEREAS, After the election of 1851, the community was renamed Kaufman, and the county seat was located at Kingsborough; the first courthouse was a remodeled blacksmith shop, but a new courthouse was built in 1885 which stood for over 70 years; in 1955, a new courthouse was built reflecting the growth and diversity of the economy; and

WHEREAS, The Porter Farm near Terrell is the historic site of the origin of the United States-Texas Agricultural Extension Program, and Kaufman County receives most of its agricultural income from cattle and horses; hay, nursery plants, peaches, cotton, corn, and timber bring in additional income; and

WHEREAS, Terrell, the county's manufacturing center, is graced with many historic homes, and it is the location of Trinity Valley Community College and Southwestern Christian College; and

WHEREAS, A well-known antique center, the town of Forney, draws many antique buffs, and outdoor enthusiasts find recreation at Cedar Creek or at Ray Hubbard lakes; and

WHEREAS, Since it is close to Dallas, Kaufman County residents enjoy numerous of the conveniences of one of Texas' major cities, while still benefitting from the family-oriented communities which make the county an advantageous place to live; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby declare March 19, 2001, as Kaufman County Day at the State Capitol and join Kaufman County residents as they celebrate their county's greatness; and, be it further

RESOLVED, That a copy of this Resolution be prepared for Kaufman County as a memento of this special day.

The resolution was read.

77th Legislature — Regular Session 38th Day

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

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

GUESTS PRESENTED

Senator Cain was recognized and introduced to the Senate citizens from Kaufman County, accompanied by District Judge Glen Ashworth, District Attorney Bill Conradt, Judge Joe Parnell, Kaufman County Judge Wayne Gent, Sheriff David Byrnes, Auditor Linda Spencer, county commissioners Jerry Brewer and Ken Leonard, Justice of the Peace Glenn Bates, Mayor of Terrell Henry Madgwick, Mayor of Kaufman Jimmy Wynne, Mayor of Forney, Weldon Bowen, Trinity River Authority board member Mike Cronin, and Texas Historical Commission member Jean Ann Ables-Flatt.

The Senate welcomed its guests.

SENATE RESOLUTION 495

Senator Cain offered the following resolution:

WHEREAS, The Senate of the State of Texas is always proud to recognize the accomplishments of our young citizens, and the Forney High School football team is truly deserving of recognition; and

WHEREAS, As the Class 3A Division II State Finalists, the Jackrabbits demonstrated a total team effort in capturing this first-ever state finalist title for Forney High School; and

WHEREAS, The Jackrabbits faced extremely tough opposition in the bi-district, area, regional quarter-final, and semi-final playoffs, and their victories proved even sweeter with the realization of this first-ever title; and

WHEREAS, Throughout the season the Forney football team exhibited skill, determination, and competitiveness under pressure in their aggressive offensive ball handling and their outstanding defensive maneuvers; and

WHEREAS, The team's remarkable accomplishments have been the result of excellent guidance by their coaches, trainers, and managers, the loyal support of their fans, and the selfless team spirit that has characterized the season, and it is indeed an honor for the Texas Senate to pay tribute to the fine young athletes; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby congratulate the Forney High School Jackrabbits on their history-making season as Class 3A Division II State Championship Finalists; and, be it further

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

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

GUESTS PRESENTED

Senator Cain was recognized and introduced to the Senate the Forney High School football team, accompanied by the following Forney Independent School District officials: Superintendent Dr. Chester St. Clair, assistant superintendents Donna Sweeney and Mike Smith, Director of Special Services Cathy Ostermeyer,

Monday, March 19, 2001

SENATE JOURNAL

Board of Trustees President Jim Jacobs, Board of Trustees Vice-president Keith Bell, Board of Trustees Secretary David Walker, and Board of Trustees members Kenneth Cleaver, Becky Dobbs, Clarence Doggan and Sandi Fudge.

The Senate welcomed its guests.

SENATE RESOLUTION 503

Senator Truan offered the following resolution:

WHEREAS, The Senate of the State of Texas is proud to recognize Kirsten Matson, daughter of Tammy Tatman and Rene D. Truan, who has served the Texas Senate in the invaluable capacity of Honorary Page; and

WHEREAS, Born in San Antonio on November 24, 1990, this fine young lady is a fourth grader at Gattis Elementary School in Round Rock where she is on the Honor Roll; and

WHEREAS, In her outstanding conduct of her duties, Kirsten has distinguished herself as efficient, industrious, dependable and most courteous; and

WHEREAS, Kirsten's grandparents are John and Linda Southard, Larry and Frances Tatman, and Senator Carlos F. Truan and his wife, Elvira, and Kirsten has made them very proud; and

WHEREAS, Kirsten is an active member of the First United Methodist Church in Round Rock and participates in a multitude of activities; and

WHEREAS, Kirsten is dedicated to learning and to her studies and enjoys playing soccer with friends; and

WHEREAS, Kirsten has a love for animals and at a young age, already has the desire to become a veterinarian; Kirsten has three pets that she cares for and loves dearly, a horse, named Apache and two dogs, Ben and Jacob; and

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby commend and applaud Kirsten Matson for her excellent work and extend its deepest gratitude for her outstanding service to the State of Texas; and, be it further

RESOLVED, That an official copy of this Resolution be prepared for her as a memento of this auspicious event.

The resolution was read.

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

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

GUEST PRESENTED

Senator Truan was recognized and introduced to the Senate Kirsten Matson of Round Rock, serving today as an Honorary Senate Page. Kirsten is the granddaughter of Senator Truan.

The Senate welcomed Kirsten.

77th Legislature — Regular Session 38th Day

SENATE RESOLUTION 472

Senator Truan offered the following resolution:

WHEREAS, The Senate of the State of Texas is proud to recognize Leo A. Gonzalez, son of Ruben and Maria R. Gonzalez, who has served the Texas Senate in the invaluable capacity of Honorary Page; and

WHEREAS, Born in Corpus Christi on May 29, 1988, this fine young gentleman is a seventh grader at Grant Middle School; and

WHEREAS, In his outstanding conduct of his duties, Leo has distinguished himself as an efficient, industrious, dependable, and most courteous young man; and

WHEREAS, Leo has made his family quite proud; his older sisters, Priscila and Celina, are filled with admiration; and

WHEREAS, Leo's grandparents, Berta Reyes and Remigio Gonzalez, feel triumphant at their grandson's performance, and his late grandparents, Joseph Reyes and Aurora Gonzalez, would have felt the same emotional thrill; and

WHEREAS, A devout and faithful Catholic, Leo is a member of Corpus Christi Cathedral, where he has been an altar server for five years, bringing pleasure to his baptismal godparents, Irv and Olga Johndahl; and

WHEREAS, The Senate of the State of Texas recognizes and appreciates the invaluable services Leo has provided; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby commend and applaud Leo A. Gonzalez for his excellent work and extend its deepest gratitude for his outstanding service to the State of Texas; and, be it further

RESOLVED, That a copy of this Resolution be prepared for him as a memento of this auspicious event.

The resolution was again read.

The resolution was previously adopted on Wednesday, March 14, 2001.

GUEST PRESENTED

Senator Truan was recognized and introduced to the Senate Leo A. Gonzalez of Corpus Christi, serving today as an Honorary Senate Page.

The Senate welcomed Leo.

CONCLUSION OF MORNING CALL

The Presiding Officer, Senator Nelson in Chair, at 1:30 p.m. announced the conclusion of morning call.

(President in Chair)

COMMITTEE SUBSTITUTE

SENATE BILL 925 ON SECOND READING

On motion of Senator Brown and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to engrossment:

CSSB 925, Relating to the procurement powers of certain navigation districts and port authorities.

The bill was read second time and was passed to engrossment by a viva voce vote.

Monday, March 19, 2001

SENATE JOURNAL

COMMITTEE SUBSTITUTE

SENATE BILL 925 ON THIRD READING

Senator Brown moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 925 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 28, Nays 1, Present-not voting 1.

Yeas: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapleigh, Sibley, Staples, Truan, Van de Putte, West, Whitmire, Zaffirini.

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Shapiro.

The bill was read third time and was passed by the following vote: Yeas 29, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

Absent-excused: Shapiro.

COMMITTEE SUBSTITUTE

SENATE BILL 826 ON SECOND READING

On motion of Senator Truan and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to engrossment:

CSSB 826, Relating to the location of public education schools, programs, and classes.

The bill was read second time and was passed to engrossment by a viva voce vote.

COMMITTEE SUBSTITUTE

SENATE BILL 826 ON THIRD READING

Senator Truan moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 826 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 28, Nays 1, Present-not voting 1.

Yeas: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapleigh, Sibley, Staples, Truan, Van de Putte, West, Whitmire, Zaffirini.

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Shapiro.

77th Legislature — Regular Session 38th Day

The bill was read third time and was passed by the following vote: Yeas 29, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

Absent-excused: Shapiro.

COMMITTEE SUBSTITUTE

SENATE BILL 431 ON THIRD READING

Senator Carona moved that the regular order of business be suspended and that CSSB 431 be placed on its third reading and final passage:

CSSB 431, Relating to a specialty insurance agent license for certain persons who rent real property for residential use.

The motion prevailed by the following vote:  Yeas 19, Nays 6, Present-not voting 3.

Yeas: Armbrister, Barrientos, Bivins, Brown, Cain, Carona, Ellis, Fraser, Gallegos, Lindsay, Madla, Moncrief, Ogden, Shapleigh, Sibley, Van de Putte, Wentworth, Whitmire, Zaffirini.

Nays: Duncan, Harris, Haywood, Jackson, Nelson, Truan.

Present-not voting: Bernsen, West, Mr. President.

Absent: Lucio, Staples.

Absent-excused: Shapiro.

The bill was read third time and was passed by a viva voce vote.

RECORD OF VOTES

Senators Duncan, Harris, Haywood, Jackson, Nelson, and Truan asked to be recorded as voting "Nay" on the final passage of CSSB 431.

SENATE BILL 107 ON SECOND READING

Senator Barrientos asked unanimous consent to suspend the regular order of business to take up for consideration at this time:

SB 107, Relating to requiring sex offenders released on community supervision, parole, or mandatory supervision to maintain a certain distance from any premises where children frequently gather.

There was objection.

Senator Barrientos then moved to suspend the regular order of business and take up SB 107 for consideration at this time.

The motion prevailed by the following vote:  Yeas 23, Nays 6, Present-not voting 1.

Yeas: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Harris, Jackson, Lucio, Nelson, Ogden, Shapleigh, Sibley, Staples, Truan, Van de Putte, Wentworth, West, Zaffirini.

Nays: Gallegos, Haywood, Lindsay, Madla, Moncrief, Whitmire.

Present-not voting: Mr. President.

Absent-excused: Shapiro.

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SENATE JOURNAL

The bill was read second time.

Senator Whitmire offered the following amendment to the bill:

Floor Amendment No. 1

Amend SB 107 by adding appropriately numbered SECTIONS to read as follows and by renumbering existing SECTIONS accordingly:

SECTION ___. Section 508.187, Government Code, is amended by adding Subsection (g) to read as follows:

(g)  Notwithstanding Subsection (b)(1)(B), a parole panel requirement that a releasee not go in, on, or within 1,000 feet of certain premises does not apply to a releasee while the releasee is in or going immediately to or from a:

(1)  parole office;

(2)  premises at which the releasee is participating in a program or activity required as a condition of release;

(3)  halfway house or community residential facility in which the releasee is required to reside as a condition of release, if the halfway house or facility was in operation as a residence for releasees on June 1, 2001; or

(4)  private residence in which the releasee is required to reside as a condition of release.

SECTION . Section 13B, Article 42.12, Code of Criminal Procedure, is amended by adding Subsection (i) to read as follows:

(i)  Notwithstanding Subsection (a)(1)(B), a requirement that a defendant not go in, on, or within 1,000 feet of certain premises does not apply to a defendant while the defendant is in or going immediately to or from a:

(1)  community supervision and corrections department office;

(2)  premises at which the defendant is participating in a program or activity required as a condition of community supervision;

(3)  residential facility in which the defendant is required to reside as a condition of community supervision, if the facility was in operation as a residence for defendants on community supervision on June 1, 2001; or

(4)  private residence at which the defendant is required to reside as a condition of community supervision.

The amendment was read.

Senator Barrientos moved to table Floor Amendment No. 1.

The motion to table was lost by the following vote: Yeas 10, Nays 18, Present-not voting 1.

Yeas: Armbrister, Barrientos, Fraser, Lucio, Nelson, Ogden, Sibley, Staples, Truan, Zaffirini.

Nays: Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Gallegos, Haywood, Jackson, Lindsay, Madla, Moncrief, Shapleigh, Van de Putte, Wentworth, West, Whitmire.

Present-not voting: Mr. President.

Absent: Harris.

Absent-excused: Shapiro.

77th Legislature — Regular Session 38th Day

Question recurring on the adoption of Floor Amendment No. 1, the amendment was adopted by a viva voce vote.

On motion of Senator Barrientos and by unanimous consent, further consideration of SB 107 was withdrawn.

GUEST PRESENTED

Senator Truan was recognized and introduced to the Senate Jarrett Leland, son of former Representative Mickey Leland of Houston.

The Senate welcomed Jarrett.

COMMITTEE SUBSTITUTE

SENATE BILL 390 ON SECOND READING

Senator Wentworth asked unanimous consent to suspend the regular order of business to take up for consideration at this time:

CSSB 390, Relating to an exemption from the requirements of the open meetings law for certain negotiations involving the Texas Lottery Commission.

There was objection.

Senator Wentworth then moved to suspend the regular order of business and take up CSSB 390 for consideration at this time.

The motion prevailed by the following vote:  Yeas 20, Nays 9, Present-not voting 1.

Yeas: Armbrister, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Harris, Haywood, Lindsay, Lucio, Madla, Moncrief, Nelson, Sibley, Staples, Truan, Wentworth, Whitmire.

Nays: Barrientos, Bernsen, Gallegos, Jackson, Ogden, Shapleigh, Van de Putte, West, Zaffirini.

Present-not voting: Mr. President.

Absent-excused: Shapiro.

The bill was read second time and was passed to engrossment by a viva voce vote.

SENATE BILL 783 ON SECOND READING

On motion of Senator Truan and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to engrossment:

SB 783, Relating to the emergency possession of and termination of the parent-child relationship of certain abandoned children.

The bill was read second time.

Senator Truan offered the following amendment to the bill:

Floor Amendment No. 1

Amend SB 783 as follows:

(1)  In SECTION 2 of the bill, in amended Section 262.301, Family Code, strike proposed Subdivision (1) (Senate Committee Printing, page 3, lines 3-8) and substitute the following:

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SENATE JOURNAL

(1)  "Designated emergency infant care provider" means:

(A)  an emergency medical services provider; or

(B)  an employee at a licensed child-placing agency that provides notice in accordance with Section 262.305(a) of the agency's intent to act as a designated emergency infant care provider under this subchapter.

(2)  In SECTION 2 of the bill, in amended Section 262.301, Family Code, strike proposed Subdivision (4) (Senate Committee Printing, page 3, lines 15-21).

(3)  In SECTION 2 of the bill, at the end of proposed Section 262.302(b), Family Code (Senate Committee Printing, page 3, line 33), insert the following:

The designated emergency infant care provider is immune from civil or criminal liability for any injury to the child that results from the provider taking possession of the child, except for an injury that results from gross negligence.

(4)  In SECTION 2 of the bill, strike proposed Section 262.305, Family Code (Senate Committee Printing, page 3, lines 51-65), and substitute the following:

Sec. 262.305.  NOTICE. (a) A licensed child-placing agency that intends to act as a designated emergency infant care provider under this subchapter must provide notice of that intent to the Department of Protective and Regulatory Services before the agency may begin accepting possession of children under Section 262.302.

(b)  The department by rule shall develop procedures by which an agency that provides notice to the department under Subsection (a) shall also provide notice to the public of the agency's intent to act as a designated emergency infant care provider under this subchapter.

(c)  Each licensed child-placing agency that provides notice to the department under Subsection (a) shall post in a conspicuous location a notice stating that the agency is a designated emergency infant care provider location under this subchapter.

(5)  In SECTION 2 of the bill, strike proposed Section 262.306, Family Code (Senate Committee Printing, page 3, line 66, through page 4, line 1).

The amendment was read.

On motion of Senator Truan and by unanimous consent, Floor Amendment No. 1 was withdrawn.

SB 783 was passed to engrossment by a viva voce vote.

RECORD OF VOTE

Senator Harris asked to be recorded as voting "Nay" on the passage of SB 783 to engrossment.

SENATE BILL 783 ON THIRD READING

Senator Truan moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 783 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 27, Nays 2, Present-not voting 1.

Yeas: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief,

77th Legislature — Regular Session 38th Day

Nelson, Ogden, Shapleigh, Sibley, Staples, Truan, Van de Putte, West, Whitmire, Zaffirini.

Nays: Harris, Wentworth.

Present-not voting: Mr. President.

Absent-excused: Shapiro.

The bill was read third time and was passed by the following vote: Yeas 28, Nays 1, Present-not voting 1.

Yeas: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapleigh, Sibley, Staples, Truan, Van de Putte, Wentworth, West, Whitmire, Zaffirini.

Nays: Harris.

Present-not voting: Mr. President.

Absent-excused: Shapiro.

SENATE BILL 483 ON SECOND READING

On motion of Senator Duncan and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to engrossment:

SB 483, Relating to allowing certain retired sheriffs to carry a handgun.

The bill was read second time.

Senator Duncan offered the following committee amendment to the bill:

Committee Amendment No. 1

Amend SB 483 by adding a new Section 2. to read as follows:

Section 2. Individuals covered under this act are not exempt from Article 4413(29bb) V.A.C.S., (Private Security Act).

And by renumbering the subsequent sections appropriately.

The committee amendment was read and was adopted by the following vote: Yeas 28, Nays 1, Present-not voting 1.

Yeas: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapleigh, Sibley, Staples, Truan, Van de Putte, Wentworth, Whitmire, Zaffirini.

Nays: West.

Present-not voting: Mr. President.

Absent-excused: Shapiro.

SB 483 as amended was passed to engrossment by a viva voce vote.

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SENATE JOURNAL

RECORD OF VOTE

Senator West asked to be recorded as voting "Nay" on the passage of SB 483 to engrossment.

SENATE BILL 483 ON THIRD READING

Senator Duncan moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 483 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 27, Nays 2, Present-not voting 1.

Yeas: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapleigh, Sibley, Staples, Truan, Van de Putte, Whitmire, Zaffirini.

Nays: Wentworth, West.

Present-not voting: Mr. President.

Absent-excused: Shapiro.

The bill was read third time and was passed by a viva voce vote.

RECORD OF VOTE

Senator West asked to be recorded as voting "Nay" on the final passage of SB 483.

SENATE BILL 695 ON SECOND READING

On motion of Senator Wentworth and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to engrossment:

SB 695, Relating to consultations between a governmental body and its attorney.

The bill was read second time and was passed to engrossment by a viva voce vote.

GUEST PRESENTED

The President introduced to the Senate former Senator Murray Watson, Jr., of Mart.

The Senate welcomed Senator Watson.

SENATE BILL 1035 ON SECOND READING

On motion of Senator West and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to engrossment:

SB 1035, Relating to the preparation of a judgment in a criminal case.

The bill was read second time and was passed to engrossment by a viva voce vote.

77th Legislature — Regular Session 38th Day

SENATE BILL 1035 ON THIRD READING

Senator West moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 1035 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 28, Nays 1, Present-not voting 1.

Yeas: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapleigh, Sibley, Staples, Truan, Van de Putte, West, Whitmire, Zaffirini.

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Shapiro.

The bill was read third time and was passed by the following vote: Yeas 29, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

Absent-excused: Shapiro.

SENATE BILL 406 ON SECOND READING

On motion of Senator Cain and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to engrossment:

SB 406, Relating to the preservation of rail facilities by the Texas Department of Transportation.

The bill was read second time and was passed to engrossment by a viva voce vote.

SENATE BILL 406 ON THIRD READING

Senator Cain moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 406 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 28, Nays 1, Present-not voting 1.

Yeas: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapleigh, Sibley, Staples, Truan, Van de Putte, West, Whitmire, Zaffirini.

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Shapiro.

The bill was read third time and was passed by a viva voce vote.

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SENATE JOURNAL

SENATE BILL 524 ON THIRD READING

Senator Armbrister asked unanimous consent to suspend the regular order of business to take up for consideration at this time on its third reading and final passage:

SB 524, Relating to participation by private school students in University Interscholastic League sponsored activities.

There was objection.

Senator Armbrister then moved to suspend the regular order of business and take up SB 524 for consideration at this time.

The motion prevailed by the following vote:  Yeas 21, Nays 8, Present-not voting 1.

Yeas: Armbrister, Bivins, Brown, Cain, Carona, Ellis, Fraser, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapleigh, Sibley, Van de Putte, Wentworth, Zaffirini.

Nays:  Barrientos, Bernsen, Duncan, Gallegos, Staples, Truan, West, Whitmire.

Present-not voting: Mr. President.

Absent-excused: Shapiro.

The bill was read third time.

Senator West offered the following amendment to the bill:

Floor Amendment No. 1

SB 524 is amended by striking (e) of section 33.0831 and adding the following:

(e) For purposes of determining the eligiblity of a student to participate in a University Interscholastic League activity, an eligible private school may draw students only from the designated attendance zone of the closest public high school.

By unanimous consent, the amendment was read and was adopted by the following vote: Yeas 25, Nays 4, Present-not voting 1.

Yeas: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Moncrief, Shapleigh, Sibley, Staples, Truan, Van de Putte, Wentworth, West, Whitmire, Zaffirini.

Nays:  Duncan, Madla, Nelson, Ogden.

Present-not voting: Mr. President.

Absent-excused: Shapiro.

On motion of Senator Armbrister and by unanimous consent, the caption was amended to conform to the body of the bill as amended.

SB 524 as again amended was finally passed by the following vote: Yeas 22, Nays 7, Present-not voting 1.

77th Legislature — Regular Session 38th Day

Yeas: Armbrister, Bivins, Brown, Cain, Carona, Ellis, Fraser, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapleigh, Sibley, Van de Putte, Wentworth, Whitmire, Zaffirini.

Nays: Barrientos, Bernsen, Duncan, Gallegos, Staples, Truan, West.

Present-not voting: Mr. President.

Absent-excused: Shapiro.

SENATE BILL 591 ON SECOND READING

On motion of Senator Barrientos and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to engrossment:

SB 591, Relating to the execution of certain writs in an action to determine possession of certain leased premises.

The bill was read second time and was passed to engrossment by a viva voce vote.

SENATE BILL 591 ON THIRD READING

Senator Barrientos moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 591 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 28, Nays 1, Present-not voting 1.

Yeas: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapleigh, Sibley, Staples, Truan, Van de Putte, West, Whitmire, Zaffirini.

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Shapiro.

The bill was read third time and was passed by the following vote: Yeas 29, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

Absent-excused: Shapiro.

SENATE BILL 737 RECOMMITTED

On motion of Senator Ellis and by unanimous consent, SB 737 was recommitted to the Committee on Finance.

SENATE RULE 11.18 SUSPENDED

(Posting Rule)

On motion of Senator Sibley and by unanimous consent, Senate Rule 11.18 was suspended in order that the Committee on Business and Commerce might consider SB 326 tomorrow.

Monday, March 19, 2001

SENATE JOURNAL

RESOLUTIONS OF RECOGNITION

The following resolutions were adopted by the Senate:

Memorial Resolutions

SR 485 by Ellis, In memory of Dr. Thomas F. Burks II of Houston.

SR 488 by Brown, In memory of Betty Barnett of Alvin.

Congratulatory Resolutions

SR 479 by Ellis, Harris, and President Ratliff, Congratulating Bob Terrell of Fort Worth.

SR 486 by Ellis, Congratulating Renata W. Hannah.

SR 492 by Haywood, Congratulating Carolyn Driscoll.

SR 499 by Carona, Congratulating Steve Whitworth of Mesquite.

SR 500 by Fraser, Congratulating David Jeremy Garcia of Temple.

SR 501 by Fraser, Congratulating Juan J. Naredo.

SR 504 by West, Congratulating Mayor Richard Rozier of DeSoto.

SR 505 by West, Congratulating Vernor Kennedy of Dallas.

Designation Resolutions

SR 487 by West, Designating March 21, 2001, as Southwest Airlines Day at the State Capitol.

SR 489 by Brown, Declaring March 20, 2001, as Brazoria County Day.

SR 494 by Cain, Recognizing March 19, 2001, as Doris Hamblen Day at the State Capitol.

Legislative Policy Resolution

SR 497 by Armbrister, Encouraging the Texas Retired Teachers Association in its efforts to have the Government Pension Offset repealed.

ADJOURNMENT

On motion of Senator Truan, the Senate at 3:25 p.m. adjourned, in memory of Izora Joy Tinkler Skinner, until 11:00 a.m. tomorrow.

APPENDIX

COMMITTEE REPORTS

The following committee reports were received by the Senate:

March 19, 2001

HEALTH AND HUMAN SERVICES — SB 98, SB 533, SB 644, SB 1034, SB 1065

77th Legislature — Regular Session 38th Day

FINANCE — SB 1037, SB 1038 (Amended)

BUSINESS AND COMMERCE — CSSJR 10, CSSB 241

HEALTH AND HUMAN SERVICES — CSSB 684, CSSB 751, CSSB 643, CSSB 539, CSSB 65

FINANCE — CSSB 180

EDUCATION — CSSB 940, CSSB 216, CSSB 562, CSSB 230, CSSB 108

HEALTH AND HUMAN SERVICES — SB 877, SB 945, SB 1050, SB 1085, SB 1285

CRIMINAL JUSTICE — CSSB 730, SB 600, SB 923, SB 966 (Amended), CSSB 1074

Monday, March 19, 2001

SENATE JOURNAL

In Memory

of

Izora Joy Tinkler Skinner

Senator Lucio offered the following resolution:

(Senate Resolution 190)

WHEREAS, The Texas Senate joins the citizens of Edinburg, Texas, in mourning the death of Izora Joy Tinkler Skinner, who died on January 12, 2001, at the age of 75; and

WHEREAS, Born in Edinburg on October 6, 1925, into a pioneer Valley family, Izora was justifiably proud of her family heritage; and

WHEREAS, Izora Skinner's great-grandfather came to the Valley and Mexico in the 1870s, her grandfather was the state representative for Hidalgo County in 1897-1898 and the county judge in the early 1900s, and her great-great-uncle was one of the early main developers of the Valley; and

WHEREAS, Mrs. Skinner's father, L. E. Tinkler, was county auditor in the 1920s, and her mother, Susie Edwards Tinkler, was chief deputy county clerk in the 1940s; Mrs. Skinner's husband was chief deputy county clerk in the 1970s and 1980s; and

WHEREAS, Salutatorian of her Edinburg High School class, Izora later obtained her bachelor's and her master's degrees in English; she taught her first class in the Edinburg schools; and

WHEREAS, A born teacher, Izora Skinner taught at several universities in Texas, Louisiana, and Kansas before she returned home to Edinburg to teach English literature at The University of Texas—Pan American, where she taught for about 20 years and retired in the mid-1990s; and

WHEREAS, Chosen the Edinburg Daily Review's Woman of the Year for 1984, Izora Skinner was also selected ZONTA's Woman of the Year in 1992; and

WHEREAS, Vitally interested in returning value to her community, Mrs. Skinner worked hard for the preservation of the Hidalgo County Historical Museum, and she did the research for the tribute to Father Hidalgo which is in Edinburg's Plaza Hidalgo; and

WHEREAS, Izora Skinner was the City of Edinburg's representative to the Hidalgo County Library System and the county's representative to the South Texas Library System; she was proud of her writings on the various historical markers in the Valley and especially delighted in the one related to the preservation of the Southern Pacific Railroad Station in Edinburg; and

WHEREAS, A devoted wife, mother, grandmother, and great-grandmother, Izora is recalled for the affection, confidence, and loyalty she inspired in those with whom she was associated; and

77th Legislature — Regular Session 38th Day

WHEREAS, A respected and beloved member of her community, Izora Skinner will be remembered for her devotion to her family, friends, and fellow citizens; she leaves a legacy of compassion and commitment which will be cherished by those who knew and loved her; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby extend sincere condolences to the members of her family: her son, Lieutenant Colonel James F. Skinner; her daughter, Mary Frances Skinner; her brothers, Coles Tinkler and James Tinkler; her one granddaughter, Kristin; and her three great-grandchildren; and, be it further

RESOLVED, That a copy of this Resolution be prepared for the loved ones of Izora Joy Tinkler Skinner as an expression of deepest sympathy from the Texas Senate, and that when the Senate adjourns this day, it do so in memory of Izora Joy Tinkler Skinner.

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, February 6, 2001.

Senator Lucio was recognized and introduced to the Senate family members and friends of Izora Skinner: Sissy Skinner, daughter; Susan O'Neal, niece, and her daughter, Jessica; C. E. Bryan, cousin; Linda B. Hill, friend; and Hildalgo County Judge José Eloy Pulido, friend.

The Senate welcomed its guests and extended its sympathy.