Wednesday, March 28, 2001

SENATE JOURNAL

FORTY-FOURTH DAY

Wendesday, March 28, 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, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, Wentworth, West, Whitmire, Zaffirini, Mr. President.

Absent-excused: Bernsen.

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

Bishop James Edward Folts, Episcopal Diocese of West Texas, San Antonio, offered the invocation as follows:

Almighty God, who has given us this good land for our heritage, we humbly beseech You that we may always prove ourselves a people mindful of Your favor and glad to do Your will.

Bless our state with honorable industry, sound learning, and pure manners. Save us from violence, discord, and confusion; from pride and arrogancy; and from every evil way. Defend our liberties, and fashion into one united people the multitude brought here out of many nations and tongues. Endue with the spirit of wisdom those who serve in this Senate to whom in Your name we entrust the authority of government, that by their actions there may be justice and peace at home, and that through obedience to Your law we may show forth Your praise to all within this state.

In the time of prosperity fill our hearts with thankfulness, and in the day of trouble do not permit our trust in You to fail; all of which we ask in Your most holy name. 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.

LEAVE OF ABSENCE

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

77th Legislature — Regular Session 44th Day

CO-AUTHOR OF SENATE BILL 1

On motion of Senator Ellis and by unanimous consent, Senator Moncrief will be shown as Co-author of SB 1.

CO-AUTHOR OF SENATE BILL 177

On motion of Senator Madla and by unanimous consent, Senator Moncrief will be shown as Co-author of SB 177.

CO-AUTHOR OF SENATE BILL 485

On motion of Senator West and by unanimous consent, Senator Haywood will be shown as Co-author of SB 485.

CO-AUTHOR OF SENATE BILL 488

On motion of Senator Harris and by unanimous consent, Senator Shapiro will be shown as Co-author of SB 488.

CO-AUTHOR OF SENATE BILL 906

On motion of Senator Shapleigh and by unanimous consent, Senator Lucio will be shown as Co-author of SB 906.

CO-AUTHORS OF SENATE BILL 1052

On motion of Senator Shapleigh and by unanimous consent, Senators Gallegos, Lucio, and Madla will be shown as Co-authors of SB 1052.

CO-AUTHORS OF SENATE BILL 1053

On motion of Senator Shapleigh and by unanimous consent, Senators Gallegos, Lucio, and Madla will be shown as Co-authors of SB 1053.

CO-AUTHORS OF SENATE BILL 1054

On motion of Senator Shapleigh and by unanimous consent, Senators Gallegos, Lucio, and Madla will be shown as Co-authors of SB 1054.

CO-AUTHORS OF SENATE BILL 1055

On motion of Senator Shapleigh and by unanimous consent, Senators Gallegos, Lucio, and Madla will be shown as Co-authors of SB 1055.

CO-AUTHORS OF SENATE BILL 1056

On motion of Senator Shapleigh and by unanimous consent, Senators Gallegos, Lucio, and Madla will be shown as Co-authors of SB 1056.

CO-AUTHOR OF SENATE BILL 1547

On motion of Senator Duncan and by unanimous consent, Senator Lucio will be shown as Co-author of SB 1547.

PERMISSION TO INTRODUCE BILL

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 bill: SB 1780.

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SENATE JOURNAL

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

Present-not voting: Mr. President.

Absent-excused: Bernsen.

SENATE BILLS ON FIRST READING

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

SB 1780 by Lindsay

Relating to a sheriff's appeal to district court of a decision by a civil service commission.

To Committee on Intergovernmental Relations.

SB 1781 by Bivins

Relating to the appointment of a public defender by the Commissioners Court of Potter County. (Local bill)

To Committee on Intergovernmental Relations.

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

March 28, 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 186, Relating to certain insurance investigations regarding burglary or robbery losses or death claims.

HB 461, Relating to imposing a recreational facility fee at the University of North Texas.

HB 594, Relating to findings of fact and conclusions of law by a court in a suit for dissolution of a marriage.

HB 1452, Relating to the placement of a person on community supervision in a proceeding to enforce an order in a suit affecting the parent-child relationship.

HB 1600, Relating to the punishment for the offense of taking a weapon from a peace officer, parole officer, or community supervision and corrections department officer.

HB 1840, Relating to authorizing the comptroller to waive penalties and interest relating to the delivery of certain delinquent unclaimed property.

HCR 140, In memory of Aurelia Juarez of Houston.

77th Legislature — Regular Session 44th Day

HCR 228, Designating March 27-28, 2001, as Marshall Days at the State Capitol.

THE HOUSE HAS GRANTED THE REQUEST OF THE SENATE FOR THE APPOINTMENT OF A CONFERENCE COMMITTEE ON THE FOLLOWING MEASURES:

SB 3

House conferees: Hinojosa - Chair/Dunnam/Dutton/Keel/Talton

Respectfully,

/s/Sharon Carter, Chief Clerk

House of Representatives

PHYSICIAN OF THE DAY

Senator Moncrief was recognized and presented Dr. Chris Ewin of Fort Worth as the Physician of the Day.

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

BILLS AND RESOLUTION SIGNED

The President announced the signing of the following enrolled bills and resolution in the presence of the Senate after the captions had been read:

SB 331, SB 407, SB 585, HCR 224.

SENATE CONCURRENT RESOLUTION 44

The President laid before the Senate the following resolution:

WHEREAS, The Legislature of the State of Texas takes great pride in celebrating the achievements of The University of Texas M. D. Anderson Cancer Center on the occasion of its 60th anniversary; and

WHEREAS, M. D. Anderson Cancer Center has achieved an international reputation for excellence and has been ranked by U.S. News and World Report as the nation's best cancer hospital; and

WHEREAS, Nearly 500,000 people—the majority of them Texans—have been served at M. D. Anderson Cancer Center in Houston, and other patients throughout the world have benefited from numerous research discoveries made by the institution's faculty and staff; and

WHEREAS, All Texans forced to contend with cancer benefit from having a center of such exceptional merit attending to their health needs; and

WHEREAS, This fine medical institution sets an international standard of care for cancer patients and truly brings honor to Texas; and

WHEREAS, More than 40,000 physicians, scientists, nurses, and health care professionals have trained at M. D. Anderson Cancer Center, and the institution has embraced cancer prevention, public education, and community service as key elements of its mission; and

WHEREAS, The support of The University of Texas System Board of Regents and the citizen-volunteers of The University Cancer Foundation Board of Visitors has been vital to the success of M. D. Anderson Cancer Center; and

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WHEREAS, Thousands of patients, faculty, employees, volunteers, and donors have come together over the last 60 years to foster the extraordinary partnership that assures M. D. Anderson Cancer Center will continue making cancer history; now, therefore, be it

RESOLVED, That the 77th Legislature of the State of Texas hereby express gratitude to The University of Texas M. D. Anderson Cancer Center on behalf of all whose lives have been touched by this remarkable institution and extend congratulations on the 60th anniversary to the dedicated faculty, staff, volunteers, and supporters; and, be it further

RESOLVED, That a copy of this resolution be prepared for The University of Texas M. D. Anderson Cancer Center as an expression of high regard from the Texas Legislature.

BROWN

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 Brown and by unanimous consent, the resolution was considered immediately and was adopted by a viva voce vote.

GUESTS PRESENTED

Senator Brown was recognized and introduced to the Senate Dr. John Mendelsohn, President, The University of Texas M. D. Anderson Cancer Center; R. D. Burck, The University of Texas System Chancellor; Dr. Charles Mullins; Forrest Hoglund; and Francie Frederick.

The Senate welcomed its guests.

SENATE RESOLUTION 584

Senator Truan offered the following resolution:

WHEREAS, On Wednesday, March 28, 2001, champion race car driver Bobby Labonte, whose home town is Corpus Christi, is coming to the State Capitol, and the Texas Senate is proud to recognize him; and

WHEREAS, Accompanied by his wife, Donna, his parents, Bob and Martha Labonte, and his children, Robert Tyler and Madison Elizabeth, Bobby Labonte will receive a real Texas-size welcome; and

WHEREAS, Driving the Number 18 Interstate Batteries Pontiac, Mr. Labonte, who drives for Joe Gibbs Racing, won the 2000 NASCAR Winston Cup Series Championship, becoming the 24th different driver to win the NASCAR Winston Cup Series Championship; and

WHEREAS, Born on May 8, 1964, in Corpus Christi, Texas, Bobby began his Winston Cup career in 1984 as a crew member at Hagan Racing, where his brother, Terry, won the series championship; and

WHEREAS, Bobby Labonte's first Winston Cup win in Charlotte, North Carolina, on May 28, 1995, set the stage for a most impressive career; during the course of the 2000 season, Mr. Labonte led in more races than anyone in the series, 23 of 34 events, and he clinched the title with a single race remaining; and

77th Legislature — Regular Session 44th Day

WHEREAS, Bobby scored his career-best finish and finished in the top 10 in the NASCAR Winston Cup point standing for the fourth straight year; Pontiac scored 11 victories in 2000, tying the most victories by Pontiac in a single season in the modern era; and

WHEREAS, Scoring more points than any other driver during the first and second half of the 2000 season, Bobby finished with 2,603 points over the final 17 events of the season; over the final 15 races of 2000, Mr. Labonte scored 10 top-five finishes, including three victories; and

WHEREAS, Bobby Labonte and his brother, Terry, are the only brothers to win the NASCAR Winston Cup Series Championship in the 52-year history of the sport; Bobby's final point total of 5,130 is the third highest total ever recorded in the modern era; and

WHEREAS, Since 1995, the talented driver has finished in the top 10 in the final point standings five times; he was the runner-up in 1999; and

WHEREAS, Winning the 2000 NASCAR Winston Cup Series showed his skill, excellence, and consistency, and this outstanding competitor is certainly worthy of legislative recognition; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby commend and applaud Bobby Labonte for his well-earned victory in the 2000 NASCAR Winston Cup Series; and, be it further

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

The resolution was read.

On motion of Senator Nelson 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.

GUESTS PRESENTED

Senator Truan was recognized and introduced to the Senate Bobby Labonte, his wife, Donna, his parents, Bob and Martha Labonte, and his children, Robert and Madison.

The Senate welcomed its guests.

SENATE RESOLUTION 502

Senator Sibley offered the following resolution:

WHEREAS, The Senate of the State of Texas is pleased to join the citizens of Hood County in recognizing March 28, 2001, as Hood County Day at the State Capitol; and

WHEREAS, Organized in 1866 from Johnson County, Hood County was named for Confederate General John B. Hood; the area is known for its rolling grasslands, sandy soil, and majestic pecan and oak trees; and

WHEREAS, Hood County is crossed by the Paluxy and Brazos rivers and is home to Lake Granbury, a scenic site for fishing and picnicking; and

WHEREAS, The county seat of Hood County, Granbury is picturesquely situated on Lake Granbury and is known for its celebrations and festivals, its historic

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downtown district, and its fine antique shops and historic homes; Granbury's historic square houses the Hood County Courthouse and is used as a guideline for Mainstreet USA; and

WHEREAS, Many of Granbury's fine old homes are open during the traditional candlelight tour in December; homes recapturing the ambiance of early Texas include the 1870s Captain's House Bed and Breakfast, the Dabney House, the Iron Horse Inn, and the Pearl Street Inn; the Nutt House is a restored country inn dating from 1893; and

WHEREAS, Hood County is also known for its agribusiness, tourism, and gas production; its chief crops include hay, peanuts, and pecans; and

WHEREAS, Hood County Day is an opportunity for friends and families from across the state to gather and celebrate the history of Hood County; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby express appreciation to the citizens of Hood County for their exemplary restoration of historical sites, their preservation of the county's many amenities, and their contributions to the heritage of our state; and, be it further

RESOLVED, That a copy of this Resolution be prepared for the citizens of Hood County 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 Sibley was recognized and introduced to the Senate Hood County Judge Linda Steen, Hood County Commissioner Bob Anderson, Granbury Mayor David Southern, Granbury City Manager Harold Sandel, and Chair of Lake Granbury Area Chamber of Commerce Glenda Pirkle, accompanied by a delegation of citizens from Hood County.

The Senate welcomed its guests.

GUESTS PRESENTED

The President introduced to the Senate a delegation of citizens from the City of Marshall.

The Senate welcomed its guests.

SENATE RESOLUTION 567

Senator Ogden offered the following resolution:

WHEREAS, On March 28, 2001, Washington County Day will be celebrated by the proud citizens of that illustrious county in recognition of the area's many significant contributions to the State of Texas; and

WHEREAS, Located in southeast Central Texas, Washington County has an area of 611 square miles drained principally by the Brazos River, and its picturesque rolling terrain includes the prairie and post oak belts; and

WHEREAS, The county, revered as the "Birthplace of Texas," was created in 1836 and organized the following year and is renowned as the location of Washington-on-the-Brazos, which was established in 1834 near the location of a ferry that had been continuously operated on the Brazos River since 1822; a "must see" for Texas history buffs, Washington-on-the-Brazos achieved prominence during the Texas Revolution as the site of the signing of the Texas Declaration of Independence and the drafting of the constitution of the newly born Republic of Texas; and

77th Legislature — Regular Session 44th Day

WHEREAS, Modern-day Washington County boasts a thriving economy based primarily on manufacturing, agriculture, and agribusiness, as well as a flourishing tourism industry; and

WHEREAS, The county seat of Brenham is home to the celebrated Blue Bell Creameries, whose ice cream has delighted Texans for generations, and Blinn Junior College, home of the back-to-back National Football Championship team, the Buccaneers; and

WHEREAS, Washington County has many stellar attractions to offer both tourists and residents alike; Somerville Lake provides some of the finest hunting and fishing to be found in the state today, and colorful bluebonnet trails dot the highways and byways during the springtime; and

WHEREAS, A number of the state's most unique and enjoyable festivals also take place in Washington County; the Washington County Fair is the oldest county fair in Texas and the town of Chappell Hill hosts the popular Bluebonnet Festival in the spring and Scarecrow Festival each fall; and

WHEREAS, Other notable celebrations occurring in Washington County include the Burton Cotton Gin Festival and Brenham's Maifest, an annual event honoring the area's proud German heritage; and

WHEREAS, Washington County has long been regarded as a hotbed of athletic excellence in the sport of baseball and the exceptional success of local players has inspired many other area athletes to take up the bat and glove; and

WHEREAS, Adding to the rich cultural heritage of the area are are Washington-on-the-Brazos State Park, the Burton Cotton Gin and Museum, the Texas Baptist Historical Museum, the Star of the Republic Museum, Brenham Heritage Museum, as well as many other notable historic sites; and

WHEREAS, Preeminent among the county's finest assets are its friendly and hospitable citizens, who have gone to great lengths to make this lovely region a county that they are proud to call home; and

WHEREAS, Renowned for Blue Bell, baseball, bluebonnets, bed and breakfasts, and the Birthplace of Texas, Washington County is truly one of the state's most outstanding counties, and the efforts of its residents in preserving its unique beauty and heritage truly merit special praise and recognition; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby designate March 28, 2001, as Washington County Day and offer sincere best wishes to the county's fine citizens for a memorable and joyous celebration; and, be it further

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

The resolution was read.

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

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

GUESTS PRESENTED

Senator Ogden was recognized and introduced to the Senate Mayor of Brenham Walter Schwartz, former Representative Sue Muzzy, Washington County Judge Dorothy Morgan, Chair of the Board of the Washington County Chamber

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of Commerce Tammy Metzger, President and Chief Executive Officer of the Washington County Chamber of Commerce Vance Hamilton, and Tom Bullock, brother of former Lieutenant Governor Bob Bullock, accompanied by a delegation of citizens from Washington County.

The Senate welcomed its guests.

(Senator Bivins in Chair)

SENATE RESOLUTION 585

Senator West offered the following resolution:

WHEREAS, The Texas Senate is proud to recognize the Best Southwest Chamber Partnership for its many contributions toward the future progress of the Southwest Dallas County area; and

WHEREAS, The members of this excellent organization will be coming to the State Capitol on March 28, 2001, for their special day; and

WHEREAS, Founded in 1986 from the communities of Cedar Hill, DeSoto, Duncanville, and Lancaster, Texas, the partnership promotes the combined assets of the more than 130,000 residents who live and work in their communities by advocating economic, legislative, and educational initiatives for the betterment of Southwest Dallas County; and

WHEREAS, This organization encourages partnerships among civic, business, and educational entities for the benefit of the entire area, the partnership encourages joint mayors/managers breakfasts, combined chamber of commerce luncheons, a regional transportation council, and a regional library cooperative; and

WHEREAS, All the policies of the partnership are established by a representative body appointed by the four partner cities' chambers of commerce and are made up of six leaders from each community; all actions must be unanimous; and

WHEREAS, A key to the success of the partnership includes chambers of commerce with common goals which reinforce the image of the area as a desirable place to live, work, and do business; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby welcome the Best Southwest Partnership on its day at the Capitol on March 28, 2001; and, be it further

RESOLVED, That a copy of this Resolution be prepared for this outstanding group as an expression of the high regard and esteem of the Texas Senate.

WEST

CAIN

NELSON

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

GUESTS PRESENTED

Senator West, joined by Senators Cain and Nelson, was recognized and introduced to the Senate Best Southwest Chamber Partnership Chair Steve Morgan, Mayor Pro Tempore of DeSoto Michael Hurtt, Cedar Hill Mayor Rob Franke, Duncanville Mayor Glenn Repp, and Tom Rozier of DeSoto, accompanied by representatives of the Best Southwest Chamber Partnership.

The Senate welcomed its guests.

77th Legislature — Regular Session 44th Day

GUESTS PRESENTED

Senator Ogden was recognized and introduced to the Senate eighth-grade students from Brazos Christian School in Bryan, accompanied by their teacher.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator Lindsay was recognized and introduced to the Senate a group of students from Tomball College in Tomball.

The Senate welcomed its guests.

SENATE RESOLUTION 366

Senator Armbrister offered the following resolution:

WHEREAS, The Senate of the State of Texas is pleased to recognize the City of San Marcos on the grand occasion of its 150th anniversary; and

WHEREAS, A city of charm and natural beauty, San Marcos was designated a county seat when Hays County was organized in 1848; it had been chosen for a settlement by San Jacinto battle hero General Edward Burleson in 1844; the town was incorporated in 1877; and

WHEREAS, San Marcos is located at the head of the beautiful San Marcos River, which is fed by springs that reportedly were sighted in 1689 by Alonso de Leon's men when they searched for La Salle; the river served as a watering place for Indians throughout the ages, and today, over 150 million gallons of water are produced daily by over 200 springs; and

WHEREAS, Situated in the Austin-San Antonio corridor, San Marcos is 30 miles south of Austin and is known as a gateway to the Texas Hill Country; it has grown from a town of 389 founding settlers to a city of approximately 40,469 residents; and

WHEREAS, The diversified San Marcos economy is based on educational institutions, tourism, and light manufacturing; the city is home to the Central Texas Medical Center and has a transit system that operates seven routes connecting the historic downtown with attractions, accommodations, and outlet shopping; and

WHEREAS, New development and population growth in the city have been managed with care in order to preserve historic sites and natural habitats; and

WHEREAS, Through hard work and clear-sighted goals, the citizens of San Marcos have kept their city clean and inviting, and they deserve to be proud of their efforts and accomplishments; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby express appreciation to the people of San Marcos for their contributions to our state and extend best wishes to them for a joyous 150th anniversary celebration; and, be it further

RESOLVED, That a copy of this Resolution be prepared for the residents of San Marcos as a token of esteem from the Texas Senate.

ARMBRISTER

BARRIENTOS

The resolution was again read.

The resolution was previously adopted on Tuesday, February 27, 2001.

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GUESTS PRESENTED

Senator Armbrister, joined by Senator Barrientos, was recognized and introduced to the Senate San Marcos Mayor David Chiu; Mayor Pro Tempore Earl Moseley, Jr.; and council members Joe B. Cox, Jr., Martha Tatum, and Paul Mayhew; accompanied by a delegation of citizens from the City of San Marcos.

The Senate welcomed its guests.

SENATE RESOLUTION 90

Senator Armbrister offered the following resolution:

WHEREAS, The Senate of Texas takes pleasure in honoring the Texas Retired Teachers Association in recognition of Texas Retired School Personnel Day - A Celebration of Volunteerism; and

WHEREAS, Recently, association members contributed over five million hours of volunteer work to their communities in hospitals, churches, and other entities in their communities; and

WHEREAS, The Texas Retired Teachers Association was founded in 1953, and it has a current membership of more than 45,000 men and women; it is an independent, nonprofit organization formed to help retired school personnel; and

WHEREAS, An able advocate on behalf of its members, the association has been instrumental in passing legislation and providing improved retirement benefits for the members of the Texas Retired Teachers Association; the association's present director is Mike Lehr and the current president is Dr. Myron Koehler; and

WHEREAS, Among the goals of the Texas Retired Teachers Association are promoting the intellectual, professional, economic, and social well-being of its members, as well as encouraging members to donate their time and expertise to civic and educational projects; and

WHEREAS, The Texas Retired Teachers Association and its members have greatly assisted the citizens of Texas; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby commend the members of the Texas Retired Teachers Association for their outstanding contributions to the welfare of the State of Texas; and, be it further

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

The resolution was again read.

The resolution was previously adopted on Wednesday, January 24, 2001.

SENATE RESOLUTION 497

Senator Armbrister offered the following resolution:

WHEREAS, The Senate of the State of Texas is pleased to recognize the Texas Retired Teachers Association whose members have made tremendous contributions to the people of the State of Texas; and

WHEREAS, The Texas Retired Teachers Association is leading a drive to repeal the Government Pension Offset, which was enacted by Congress in 1977 and modified somewhat in subsequent amendments to the Social Security Act; and

77th Legislature — Regular Session 44th Day

WHEREAS, The Government Pension Offset law states that if a person worked for a federal, state, or local governmental entity, such as a school district, and did not pay Social Security taxes, the pension that person receives from that entity such as the Teacher Retirement System, will reduce any Social Security spousal benefits the person is entitled to by two-thirds; and

WHEREAS, The Government Pension Offset unfairly separates 305,000 workers with governmental pensions from those with private pensions by reducing their earned Social Security benefits by two-thirds or in some cases, completely; and

WHEREAS, After surveying the 46,000 members of the Texas Retired Teachers Association, it was found that the members wanted total repeal of the Government Pension Offset; and

WHEREAS, The Congressional Budget Office's analysis of the Government Pension Offset revealed that 70 percent of the affected beneficiaries in the data were women, and women were more likely than men to experience a reduction of their benefits; and

WHEREAS, The Government Pension Offset affects educators, police officers, firefighters, and city and county employees who worked for governmental entities that elected not to pay Social Security on their employees; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby encourage the Texas Retired Teachers Association in its efforts to have the Government Pension Offset repealed; and, be it further

RESOLVED, That a copy of this Resolution be prepared as an expression of support from the Texas Senate.

The resolution was again read.

The resolution was previously adopted on Monday, March 19, 2001.

GUESTS PRESENTED

Senator Armbrister was recognized and introduced to the Senate Dr. Myron Koehler, President, Texas Retired Teachers Association, and Mike Lehr, Executive Director and Legislative Coordinator, Texas Retired Teachers Association.

The Senate welcomed its guests.

SENATE RESOLUTION 504

Senator West offered the following resolution:

WHEREAS, The Senate of the State of Texas is pleased to recognize Mayor Richard Rozier on Best Southwest Chamber Partnership Day at the Capitol, March 28, 2001, for his outstanding leadership in the City of DeSoto and the Best Southwest communities of southern Dallas County; and

WHEREAS, Mr. Rozier served as a member of the DeSoto City Council for one year prior to beginning his tenure as mayor in 1995; and

WHEREAS, While Richard Rozier served as a city councilman and mayor, DeSoto enjoyed capable fiscal management; the City of DeSoto saw its bond rating increase from A to AA- and its total assessed taxable value increase $500 million; and

WHEREAS, Mr. Rozier also spearheaded the drive which obtained $96,450,000 in signalization-street-highway funding, and he helped implement a five-year Capital Improvement Program; and

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WHEREAS, Mayor Rozier's considerable executive abilities have brought DeSoto great distinction; the city has been recognized by Texas Business Magazine as one of the best managed cities in Texas and one of the top 20 cities for business relocation; and

WHEREAS, Mayor Rozier donated his time and energies as the president of the boards of the DeSoto Housing Finance Corporation, the DeSoto Industrial Development Corporation, and the DeSoto Health Facilities Development Corporation; and

WHEREAS, Richard Rozier distinguished himself not only as an exemplary leader in DeSoto, but also in the greater community of southern Dallas County as well; Mayor Rozier served on the boards of the North Texas Commission and the Dallas Regional Mobility Coalition, and he was appointed by Governor George W. Bush to serve on the board of the Regional Review Committee; he was instrumental in the success of Best Southwest cooperative projects for jail, public safety dispatch, employee training, and alarm monitoring; and

WHEREAS, An exemplary and distinguished gentleman who has brought great honor to the people of DeSoto and southern Dallas County, Richard Rozier is truly worthy of legislative commendation; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby extend its deepest gratitude to Mayor Richard Rozier for his dedication to public service and for the exemplary work he has completed on behalf of his fellow citizens; and, be it further

RESOLVED, That a copy of this Resolution be prepared for Mayor Rozier as an expression of esteem from the Texas Senate.

The resolution was again read.

The resolution was previously adopted on Monday, March 19, 2001.

GUEST PRESENTED

Senator West was recognized and introduced to the Senate Richard Rozier, Mayor of DeSoto.

The Senate welcomed Mayor Rozier.

GUESTS PRESENTED

The Presiding Officer, Senator Bivins in Chair, introduced to the Senate Representative Paul Sadler of Henderson and his son, Sam.

The Senate welcomed its guests.

SENATE RESOLUTION 512

Senator Gallegos offered the following resolution:

WHEREAS, The Senate of the State of Texas is proud to recognize the members of the Milby High School Student Council who assisted with the enrolling of families in the Children's Health Insurance Program; and

WHEREAS, Joining with the Children's Defense Fund-Texas in its effort to reduce the number of children in Texas without health insurance, these outstanding young people gave generously of their time and energy to aid with the enrollment; and

77th Legislature — Regular Session 44th Day

WHEREAS, Good health is the right of every Texan and with a child's success in school, as well as in life, greatly dependent upon good health, it is essential that the estimated 1.4 million uninsured children in Texas be enrolled; and

WHEREAS, Volunteering to participate in the Thanksgiving Sign-Up Campaign, the Milby High School students joined people across the state in this humanitarian effort to provide the children of Texas with the health insurance they need and deserve; and

WHEREAS, The resounding success of this child advocacy campaign is due to the concerted efforts of concerned citizens like Norma Leon, Sa Bui, Jennifer Gussman, Lan-Anh Tran, Alex Martinez, Indra Medina, Cynthia Medina, Lilly Zaragoza, Lizet Hernandez, Ana Torres, Maria Agholor, and Shakirah Laverne; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby commend the members of the Milby High School Student Council who assisted with the Children's Health Insurance Program crusade; and, be it further

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

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

GUESTS PRESENTED

Senator Gallegos was recognized and introduced to the Senate students and their teachers from Milby High School in Houston.

The Senate welcomed its guests.

SENATE RESOLUTION 589

Senator Duncan offered the following resolution:

WHEREAS, Hunger remains one of the crucial issues of our time, and every day an estimated 35,000 people die around the world from malnutrition or the effects of malnutrition; Breedlove Dehydrated Foods, Rotary International, and HungerPlus, an organization of Rotarians, have joined together in an effort to combat this devastating problem; and

WHEREAS, Located in Lubbock, Texas, Breedlove Dehydrated Foods is the first nonprofit food dehydration plant in the world that is dedicated to eradicating hunger around the world; this visionary enterprise utilizes surplus vegetables grown in Texas to provide inexpensive, nutritious meals from a blend of dehydrated potatoes, carrots, textured vegetable protein, rice, and onions; easy to transport, store, and prepare, these meals are provided to food banks, mission groups, and international aid organizations; and

WHEREAS, The Rotary International and the HungerPlus program provides these dehydrated meals to individuals in the United States, Mexico, Central America, South America, Asia, Africa, and the countries of the former Soviet Union; in addition, volunteers are helping the people of these areas to develop a self-sufficient food supply through improved farming techniques and education; and

WHEREAS, Working to alleviate hunger is truly an admirable endeavor, and the men and women who have chosen to undertake this venture are most deserving of praise and support; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby commend the staff of the Breedlove Dehydration Plant, Mr. Robert Taylor, the general

Wednesday, March 28, 2001

SENATE JOURNAL

manager of Breedlove Dehydrated Foods, Mr. David Weaver, Jr., the executive director of the South Plains Food Bank, J. B. Roberts, the founder of HungerPlus, and all those associated with the HungerPlus program and Rotary International for their humanitarian efforts and extend to them sincere best wishes for continued success; and, be it further

RESOLVED, That all members of the Texas Legislature encourage their constituents to become HungerPlus partners by working with local food banks and nonprofit and faith-based organizations to support this laudable program.

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

GUESTS PRESENTED

Senator Duncan was recognized and introduced to the Senate Jerry Meers, J. B. Roberts, Hope Floeck, Robert Taylor, and David Weaver, Jr.

The Senate welcomed its guests.

(President in Chair)

SENATE RESOLUTION 575

Senator Sibley offered the following resolution:

WHEREAS, In 1999, the Texas Legislature gave Texans the power to choose the company that provides their electricity when it passed Senate Bill 7, the Texas Electric Choice Plan; and

WHEREAS, Although the electric utility market does not fully open to competition until January, 2002, the Texas Electric Choice Pilot Program is now signing up customers, who would be able to switch their electric utility provider starting June 1, 2001; and

WHEREAS, About five percent of the state's electric customers have the opportunity to participate in the Texas Electric Choice Pilot Program; and

WHEREAS, Consumers are encouraged to explore the program, compare the rates and services offered by different providers, and make an informed choice that is right for them; and

WHEREAS, Electric competition should keep the cost of electricity reasonable, while encouraging the development of new products and services for consumers; and

WHEREAS, The Public Utility Commission of Texas will continue to regulate the transmission of electricity to ensure safety and reliability, so that Texas' lights continue to burn bright; and

WHEREAS, Customers also will have their consumer rights protected by the Public Utility Commission of Texas, including protection from "slamming," or unauthorized switching of service; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby designate April, 2001, as Texas Electric Choice Awareness Month; and, be it further

RESOLVED, That a copy of this Resolution be prepared to inform all Texans of this important initiative.

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

77th Legislature — Regular Session 44th Day

GUESTS PRESENTED

Senator Sibley was recognized and introduced to the Senate Pat Wood, Presiding Officer of the Public Utility Commission, and commissioners Judy Walsh and Brett Perlman.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator Nelson was recognized and introduced to the Senate a delegation from Leadership Flower Mound.

The Senate welcomed its guests.

SESSION TO CONSIDER EXECUTIVE APPOINTMENTS

The President announced the time had arrived to consider the executive appointments to agencies, boards, and commissions. Notice of submission of these names for consideration was given yesterday by Senator Nelson.

Senator Nelson moved confirmation of the nominees reported yesterday by the Committee on Nominations.

The President asked if there were requests to sever nominees.

There were no requests offered.

NOMINEES CONFIRMED

The following nominees as reported by the Committee on Nominations were confirmed by the following vote: Yeas 29, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

Absent-excused: Bernsen.

Commissioner of Transportation, Texas Transportation Commission: Richard F. Williamson, Parker County.

Members, Texas State Board of Medical Examiners: Jose Manuel Benavides, M.D., Bexar County; David E. Garza, D.O., Webb County; Elvira Pascua-Lim, M.D., Lubbock County; Joyce A. Roberts, M.D., Franklin County; Nancy Meredith Seliger, Randall County; Paulette Barber Southard, Jim Wells County.

Members, Finance Commission of Texas: Vernon Wilson Bryant, Jr., Parker County; Jacqueline G. Humphrey, Potter County; John Snider, Shelby County.

Members, Texas Growth Fund Board of Trustees: Patsy Waller Nichols, Travis County; Alan W. Steelman, Collin County.

Members, Texas Workers' Compensation Insurance Fund Board of Directors: Marion Luna Brem, Nueces County; Richard A. Cooper, Lubbock County; George Wesch, Jr., Bandera County.

Members, State Employee Charitable Campaign Policy Committee: Maria L. Banda, Hidalgo County; Mary Sue Goldwater, Brazos County; Robert Kenneth Skaggs, Galveston County; David Wayne Standlee, Sr., Walker County.

Member, North Texas Tollway Authority Board of Directors: Printice L. Gary, Dallas County.

Wednesday, March 28, 2001

SENATE JOURNAL

Member, Texas Municipal Retirement System Board of Trustees: Carolyn M. Linér, Hays County.

Members, Texas Commission on Private Security: Jacob M. Monty, Harris County; Joan T. Neuhaus, Harris County; Ben C. Nix, Tarrant County; Charlene Ritchey, Cooke County; Michael H. Samulin, Bexar County.

Members, Texas County and District Retirement System Board of Trustees: Charlotte A. Carey, Pecos County; Martha Gustavsen, Montgomery County; Mitchell Ervin Liles, Denton County; Amador E. Reyna, Hardin County.

Member, Motor Vehicle Board of the Texas Department of Transportation: James R. Leonard, Taylor County.

Presiding Officer, Texas Council on Purchasing from People with Disabilities: Margaret Pfluger, Tom Green County.

Members, Texas Council on Purchasing from People with Disabilities: James Terry Boyd, Tarrant County; Chuck Brewton, Bexar County; Paul J. Calapa, Cameron County; Cathy J. Williams, Travis County.

CONCLUSION OF MORNING CALL

The President at 12:15 p.m. announced the conclusion of morning call.

COMMITTEE SUBSTITUTE

SENATE BILL 1 ON SECOND READING

On motion of Senator Ellis 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 1, General Appropriations Bill.

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

COMMITTEE SUBSTITUTE

SENATE BILL 1 ON THIRD READING

Senator Ellis moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1 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, 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, West, Whitmire, Zaffirini.

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Bernsen.

The bill was read third time and was passed by the following vote: Yeas 30, Nays 0.

Absent-excused: Bernsen.

77th Legislature — Regular Session 44th Day

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

March 28, 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 80, Relating to immunity applicable to certain persons acting under the Texas Anatomical Gift Act.

Respectfully,

/s/Sharon Carter, Chief Clerk

House of Representatives

SENATE BILL 1162 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 1162, Relating to prohibiting the operation of a vehicle on dunes; providing a criminal penalty.

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

SENATE BILL 1162 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 1162 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, 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, West, Whitmire, Zaffirini.

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Bernsen.

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

Wednesday, March 28, 2001

SENATE JOURNAL

(Senator Bivins in Chair)

SENATE BILL 960 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:

SB 960, Relating to the salaries of certain justices and judges and to the authority of a county to supplement those salaries.

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

SENATE BILL 960 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 SB 960 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, 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, West, Whitmire, Zaffirini.

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Bernsen.

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

(President in Chair)

COMMITTEE SUBSTITUTE

SENATE BILL 576 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:

CSSB 576, Relating to the University of North Texas System and the component institutions of that system.

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

77th Legislature — Regular Session 44th Day

COMMITTEE SUBSTITUTE

SENATE BILL 576 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 CSSB 576 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, 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, West, Whitmire, Zaffirini.

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Bernsen.

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: Bernsen.

REMARKS ORDERED PRINTED

On motion of Senator Truan and by unanimous consent, the following remarks by Senator West regarding CSSB 576 were ordered reduced to writing and printed in the Senate Journal:

Mr. President and Members, I am peacock proud today to present to you CSSB 576 for consideration before this Senate body.

I would like to thank all those who have supported this effort including my colleagues, all the elected officials, community leaders, and committed constituents in District 23 and supporting communities, and my staff person directly responsible for this bill, LaJuana Barton.

This bill has been a long time coming. Back in 1997, I began a journey with fellow elective colleagues and community supporters to initiate a study to determine the feasibility of a state-supported university in Southern Dallas County.

One dead bill, one vetoed resolution, one positive feasibility study, a University System Center, and one established System later, I ask for the passage of CSSB 576. Including myself, the bill is Co-authored by 27 Senators.

Primarily, this bill is a little old clean-up bill that would establish the powers and authority of the University of North Texas (UNT) System. Secondly, the bill establishes the University of North Texas at Dallas as an institution of higher education and component institution of the University of North Texas System in the City of Dallas after the System Center has reached the enrollment of 2,500 full-time equivalent students for one semester.

Because the following conditions exist in the Dallas area, the University of North Texas at Dallas should be established:

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SENATE JOURNAL

- there is a compelling state need for more educated Texans to support the Texas economy,

- there is a compelling need to meet goals set forth by the Texas Higher Education Coordinating Board (THECB) to enroll at least 500,000 more students in public higher education and increase by 50 percent the number of degrees, certificates, and other identifiable student successes from high quality programs by 2015,

- the State Demographer has projected that in 30 years, the area within a 30 mile radius of the location of the new university will see large new population growth exceeding over a million more Texas citizens,

- Dallas is the only major city in Texas with over a million people that does not have a public university within its current boundaries,

- the population surrounding UNT at Dallas includes large numbers of traditionally underrepresented groups in Texas higher education, i.e. over 783,000 in the area with approximately 300,000 African Americans and 157,000 Hispanics in 1998 numbers according to the THECB.

In January 1999, the Texas Higher Education Coordinating Board approved the establishment of the University of North Texas System Center at Dallas. The THECB created the designation of "system center" as part of its pathway model. This model lays out a path for institutions to follow to establish a new university. The basic concept of the model is that a university system must demonstrate that there is sufficient demand for higher education in a specified location to sustain funding for a university through the higher education formula.

The pathway model is a reactionary model that does not allow for adequate up-front planning of a new university until after a large demand is fully demonstrated. Waiting until enrollments are achieved to plan a university means that a public university would not be available in Dallas until the next decade, long after the demand for more highly educated workers has been well demonstrated. In addition, waiting until the next decade will do little to help address the THECB's goal to add 500,000 more students to Texas higher education. UNT officials believe that the pathway model can be combined with a planning model so that the citizens in southern Dallas and Ellis counties will have access as soon as feasible to a public university education and the state will have more citizens from underrepresented groups with a college degree.

Recommendations by Two State Studies

Two major studies of higher education during the interim between the 1999 and 2001 sessions of the Legislature brought the attention of its Members and the people of Texas to serious current and projected shortfalls in the educational levels of the state's population. A key influence on these shortfalls is the dramatic, ongoing shift in the demographics of the population so that the state's economic future in a global high-tech economy will require it to rely largely on a workforce of individuals now gravely underrepresented at the level of education essential to ensure that economic future.

Commission on 21st Century Schools and Colleges: A Special Task Force Appointed by then Lieutenant Governor R. Perry - 2000

The Commission demonstrated its members' awareness of the problems posed by the underrepresentation in higher education with two key stipulations:

77th Legislature — Regular Session 44th Day

"Recommendation 5 - Developing Priorities for Higher Education Facilities Spending: The Commission recognizes . . . [and] recommends that the Legislature adopt a policy placing a priority on addressing the facilities and program needs of current and future institutions located in the areas of the state that have the greatest need for higher education and/or the most limited access."

". . . the Commission recommends that the Legislature utilize an explicit policy that orients capital funding to those geographic areas where there is the greatest need for—and most limited access to—academic programs in higher education, particularly among populations traditionally underrepresented in Texas higher education." (page 23)

The Texas Higher Education Plan: "Closing the Gaps by 2015"

This plan sets the goal of adding 500,000 students to higher education by 2015 to close the gap in access. This goal responds to the need to increase participation rates among the underrepresented African American and Hispanic populations.

The plan further recognizes that those underrepresented groups must have access to affordable education to reach its goal (key elements in affordable education, of course, include minimum transportation and housing costs).

In addition, the THECB has set a goal to increase by 50 percent the numbers of degrees, certificates, and other identifiable student successes from high quality programs to close the gap in success and meet projected workforce needs.

Dallas is the largest city in Texas, and Dallas County the largest county, without a public university within its boundaries.

The Dallas/Fort Worth Metroplex is a big economic generator for the state (number one in providing tax revenue to the state). However, without an increase in educated workers, the ability of this area to contribute to the state's tax revenue at the present level will not continue. Thus, the Texas economy could suffer. In any case, without a public university in Dallas, the area's ability to sustain its economic growth will be jeopardized.

Commitment of Dallas and Surrounding Communities

The City of Dallas has made a substantial commitment to the establishment of the System Center in southern Dallas, over $500,000, and has pledged $3 million to buy land and/or provide infrastructure for UNT-Dallas. Duncanville, DeSoto, Cedar Hill, Glenn Heights, Waxahachie, Ennis, Hutchins, and Lancaster have pledged approximately $295,000 to help the System Center prosper. These same cities have made the success of the System Center and the creation of a new university their top legislative agenda items for 2001, and other cities have passed resolutions in support of the System Center and a new university. This kind of community support could provide the land to build the university and/or the infrastructure for the campus. Local support joined with the state's commitment could provide a much needed public university in one of the state's fastest growing urban areas.

Conclusions

In summary, the legislative action in CSSB 576 will enable timely planning to get under way, planning that will run parallel to the ongoing development of System Center enrollment to meet the agreed upon benchmark. The principal benefit will be that the opening of UNT-Dallas will be at the same time as the benchmark is met.

Wednesday, March 28, 2001

SENATE JOURNAL

Related benefits made possible by the enactment of this legislation include a major boost for essential private fundraising for a new university and the sending of a very powerful signal to the area's population that affordable access to a public university education is in their future, if they make the most of their pre-university educational opportunities. Finally, it is important to remember that the THECB and the State Legislature play essential roles in the development of UNT-Dallas. The THECB must authorize degree programs and most of the construction for the new university.

I would like to thank all the individuals and entities that have worked with my office on this bill.

Thanks to:

The UNT System, Board of Regents and staff

Dr. Alfred Hurley, UNT System Chancellor

Dr. Virginia Wheeless, Interim Executive Director, UNT System Center at Dallas

Phil Dieble, UNT Fiscal Vice-president

UNT System Center staff

Southern Dallas County Feasibility Community Task Force

Commissioner Don Brown, Associate Commissioner Terri Flack, THECB Chairman Pam Willeford, members and staff (Texas Higher Education Coordinating Board)

Mayors Ron Kirk, Joe Tillotson, Richard Rozier, Glenn Repp, Chuck Beatty, Franke Pope, Mary Coffman, and Artis Johnson

Dallas Citizens Council

District 23 Chambers including the Best Southwest Chamber Partnership

Olympic 2012 Committee

District 23 School Districts

Ellis County supporters

The Dallas County Community College District

System Center supporters

WEST

SENATE BILL 1547 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 1547, Relating to the establishment of an investment advisory board by the comptroller of public accounts.

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

SENATE BILL 1547 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 1547 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, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief,

77th Legislature — Regular Session 44th Day

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

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Bernsen.

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

SENATE BILL 55 ON SECOND READING

On motion of Senator Zaffirini 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 55, Relating to a statewide education program to prevent infant mortality.

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

SENATE BILL 55 ON THIRD READING

Senator Zaffirini moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 55 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, 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, West, Whitmire, Zaffirini.

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Bernsen.

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

COMMITTEE SUBSTITUTE

SENATE BILL 646 ON SECOND READING

On motion of Senator Bivins 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 646, Relating to dropout and completion rates in public schools.

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

Wednesday, March 28, 2001

SENATE JOURNAL

COMMITTEE SUBSTITUTE

SENATE BILL 646 ON THIRD READING

Senator Bivins moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 646 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, 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, West, Whitmire, Zaffirini.

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Bernsen.

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

(Senator Bivins in Chair)

COMMITTEE SUBSTITUTE

SENATE BILL 272 ON SECOND READING

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

CSSB 272, Relating to interest charges on certain loans.

There was objection.

Senator Carona then moved to suspend the regular order of business and take up CSSB 272 for consideration at this time.

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

Yeas: Armbrister, Barrientos, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Ogden, Shapiro, Sibley, Staples, Wentworth, Whitmire.

Nays: Nelson, Shapleigh, Truan, Van de Putte, West, Zaffirini.

Present-not voting: Mr. President.

Absent-excused: Bernsen.

The bill was read second time.

(President in Chair)

Senator Carona offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 272 in Section 342.201(e)(1), Finance Code, as added by SECTION 1 of the bill (Committee printing, page 1, line 62), by striking "$1,250" and substituting "$1,000".

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

77th Legislature — Regular Session 44th Day

Senator West offered the following amendment to the bill:

Floor Amendment No. 2

Amend CSSB 272 as follows:

(1)  In Section 342.201(f), Finance Code, as amended by SECTION 1 of the bill (Committee printing, page 2, line 9), strike "period. Fifty cents" and substitute "period, except that if the loan has an interest charge authorized by Subsection (e) the lender may not contract for or receive the administrative fee more than once in any 365-day period. One dollar [Fifty cents ]".

(2)  Add an appropriately numbered SECTION to read as follows and renumber subsequent SECTIONS of the bill appropriately:

SECTION . Section 11.305, Finance Code, is amended to read as follows:

Sec. 11.305.  RESEARCH. (a) The finance commission shall instruct the consumer credit commissioner to establish a program to address alternatives to high-cost lending in this state. The program shall [conduct research on ]:

(1)  study and report on the problem of high-cost lending including without limitation the availability, quality, and prices of financial services, including lending and depository services, offered in this state to agricultural businesses, small businesses, and individual consumers in this state;

(2)  evaluate alternatives to high-cost lending and the practices of business entities in this state that provide financial services to agricultural businesses, small businesses, and individual consumers in this state;

(3)  develop models to provide lower-cost alternatives to assist borrowers who contract for high-cost loans; and

(4)  track the location of lenders who enter into loan contracts providing for an interest charge authorized by Section 342.201, map the location of the lenders by senatorial district and by any other appropriate areas, provide other demographic information relating to the loans and the location of the lenders, and provide information on the changes in the distribution of the lenders from 1997 through the date of the report.

(b)  The program [finance commission ] may:

(1)  apply for and receive public and private grants and gifts to conduct the research authorized by this section; [and ]

(2)  contract with public and private entities to carry out studies and analyses under this section;

(3)  provide funding for pilot programs; and

(4)  make grants to nonprofit institutions working to provide alternatives to high-cost loans.

(c)  Not later than December 1 of each year, the consumer credit commissioner [finance commission ] shall provide to the legislature a report detailing its findings and making recommendations to improve the availability, quality, and prices of financial services.

WEST

SHAPLEIGH

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

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

CSSB 272 as amended was passed to engrossment by a viva voce vote.

Wednesday, March 28, 2001

SENATE JOURNAL

RECORD OF VOTES

Senators Barrientos, Shapleigh, Truan, Van de Putte, and West asked to be recorded as voting "Nay" on the passage of CSSB 272 to engrossment.

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

March 28, 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 899, Relating to a court order of retroactive child support.

HB 919, Relating to the uniform enforcement of protective orders from other states.

Respectfully,

/s/Sharon Carter, Chief Clerk

House of Representatives

NOTICE GIVEN FOR

LOCAL AND UNCONTESTED CALENDAR

Senator Cain announced that a Local and Uncontested Calendar had been furnished to each Member of the Senate. He then gave notice that the Local and Uncontested Calendar Session would be held at 8:00 a.m. tomorrow and that all bills and resolutions would be considered on second and third reading in the order in which they were listed.

SENATE RULE 11.18 SUSPENDED

(Posting Rule)

On motion of Senator Armbrister and by unanimous consent, Senate Rule 11.18 was suspended in order that the Committee on Criminal Justice might consider HB 519 today.

GAVEL PRESENTED

The President presented Senator Ellis, Chair of the Committee on Finance, with a gavel in appreciation of his hard work and leadership in working with the Committee on Finance and staff members to pass CSSB 1, the appropriations bill.

MOTION TO ADJOURN

On motion of Senator Truan, and by unanimous consent, the Senate at 3:40 p.m. agreed to adjourn, in memory of Aurelia "Udy" Juarez of Houston, upon conclusion of the Local and Uncontested Calendar Session, until 10:00 a.m. tomorrow.

77th Legislature — Regular Session 44th Day

RESOLUTIONS OF RECOGNITION

The following resolutions were adopted by the Senate:

Memorial Resolution

HCR 140 (Gallegos), In memory of Aurelia Juarez of Houston.

Congratulatory Resolutions

SR 586 by Lindsay, Congratulating Colin Morse of Houston.

SR 587 by Barrientos, Commending Casis Elementary School in Austin.

SR 588 by Moncrief, Commending the citizens of Edgecliff Village.

SR 592 by Wentworth, Congratulating Jimmie Ruth Evans of San Antonio.

SR 593 by Ellis, Congratulating Cloteal Davis Haynes.

SR 594 by Ellis, Congratulating Marchris and Ingrid Robinson on the birth of their son, John-Anthony Glen Robinson.

SR 595 by Truan, Paying tribute to the life of Cesar Chavez.

Designation Resolutions

SR 591 by Wentworth, Declaring April 1, 2001, Dale Earnhardt Day in Texas.

HCR 228 (President Ratliff), Designating March 27-28, 2001, as Marshall Days at the State Capitol.

RECESS

On motion of Senator Truan, the Senate at 3:41 p.m. recessed until 8:00 a.m. tomorrow for the Local and Uncontested Calendar Session.

APPENDIX

COMMITTEE REPORTS

The following committee reports were received by the Senate:

March 28, 2001

FINANCE — SB 736

JURISPRUDENCE — SCR 1, SB 1199, SB 1421, CSSB 277, CSSB 1000, CSSB 242

STATE AFFAIRS — HB 1362, SB 531, SB 660, SB 889, SB 1319, SB 1320, SB 1396, SB 1563, SB 888 (Amended), CSSB 1154

NATURAL RESOURCES — SB 1352, SB 324, SB 1672

HEALTH AND HUMAN SERVICES — CSSB 556, CSSB 766, CSSB 1456

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SENATE JOURNAL

INTERGOVERNMENTAL RELATIONS — SB 1287, SB 541, SB 1061, SB 1073, SB 1093, SB 1094, SB 1168, SB 1171, SB 1288, HB 1747, HJR 1

HEALTH AND HUMAN SERVICES — CSSB 1289

SENT TO GOVERNOR

March 28, 2001

SB 331, SB 407, SB 585

77th Legislature — Regular Session 44th Day

In Memory

of

Aurelia Juarez

Senator Gallegos offered the following resolution:

(Senate Resolution 596)

WHEREAS, Aurelia Juarez of Houston, who passed away on January 13, 2001, at the age of 23, was greatly beloved by her family and a legion of friends for her life of courage, commitment to community, and tremendous resolve; and

WHEREAS, Born on April 9, 1977, in Chicago and raised in Houston, Ms. Juarez was a young woman of extraordinary promise who had determined on a career in law and in politics; indeed, her numerous hechos, or accomplishments, signified that her dreams of becoming a judge, even of becoming the governor of Texas and a United States Supreme Court justice, might be realized; and

WHEREAS, At the time of her passing, Ms. Juarez was a first-year student at the South Texas College of Law and a legal assistant with the Dovalina & Eureste law firm, where she had worked for six years; she completed her undergraduate education at the University of Houston, where she majored in political science and minored in Mexican American Studies; and

WHEREAS, In college Ms. Juarez served as president of the Hispanic Student Association and of Delta Zeta Sorority; she was elected Most Outstanding Officer of the former group for three consecutive years and voted Most Outstanding New Member of the latter; she also participated in the Council of Campus Leaders, Council of Ethnic Organizations, and other groups; and

WHEREAS, The numerous scholarships she was awarded amply testify to her hard work and academic success; Ms. Juarez was a statewide debating champion with the National Hispanic Institute, the recipient of the Houston Alumnae Association's Outstanding Senior award, and a member of Omicron Delta Kappa, a national leadership honorary society; and

WHEREAS, For Aurelia Juarez, community service and community activism were fundamental; she conducted a voter registration drive among seniors at her former high school and gave generously of her time to the Chicano Learning Center, to Navidad en el Barrio, a Christmas project for those in need, and to the Go Tejano Scholarship Committee; actively involved in the League of United Latin American Citizens, she had already been to three national conventions and served as special assistant to the national president; and

WHEREAS, This admirable and accomplished woman was driven to achieve, not only because she possessed the personal talents that make high

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achievement possible, but also because she wanted passionately to help level the playing field for Latinos in education, economic opportunity, and politics; in her honor her family and friends are establishing a most fitting memorial, a scholarship for other young Hispanic women seeking to become attorneys; thus the remarkable light that blazed in Aurelia Juarez, and that will long live on in the hearts of those she knew and loved, will also shine for others embarked on a similar, valiant journey; now, therefore, be it

RESOLVED, That the Senate of the 77th Texas Legislature hereby pay special tribute to the life of Aurelia Juarez and extend sincere sympathy to the members of her family: to her parents, Jose R. and Maria Lourdes Juarez; to her brothers and sisters and their spouses, Rodrigo and Graciela Juarez, Jorge and Ester Juarez, Israel Juarez, Manuel and Carmela Juarez, Jose Juarez, Reynaldo Juarez, Leticia and Salvador Rico, Marianela Juarez, Elida Juarez, and Brenda Ante; and to her other relatives and many friends; and, be it further

RESOLVED, That an official copy of this resolution be prepared for the members of her family and that when the Texas Senate adjourns this day, it do so in memory of Aurelia Juarez.

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

Senator Gallegos was recognized and introduced to the Senate the parents of Aurelia Juarez, Jose R. and Maria Lourdes Juarez of Houston.

The Senate welcomed its guests and extended its sympathy.