Wednesday, April 25, 2001

SENATE JOURNAL

FIFTY-NINTH DAY

Wednesday, April 25, 2001

PROCEEDINGS

The Senate met at 10:00 a.m. pursuant to adjournment and was called to order by the President.

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

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

The Reverend Kevin Westergren, Redeemer Lutheran Church, Austin, offered the invocation as follows:

Dear Lord, today we come to You again asking for Your guidance and wisdom on the important decisions we face today. Give us the wisdom and courage we need to make decisions that will guide the people of this state and meet Your standards. May we be a blessing to Your people today and the generations yet to come. You have promised to hear all those who call upon Your name and to support all who trust in You. Bless us and the work we will do this day in the name of our Lord. 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.

CO-AUTHORS OF SENATE BILL 63

On motion of Senator Moncrief and by unanimous consent, Senators Cain and Nelson will be shown as Co-authors of SB 63.

CO-AUTHOR OF SENATE BILL 532

On motion of Senator Nelson and by unanimous consent, Senator Zaffirini will be shown as Co-author of SB 532.

CO-AUTHORS OF SENATE BILL 638

On motion of Senator Barrientos and by unanimous consent, Senators Moncrief and Shapleigh will be shown as Co-authors of SB 638.

77th Legislature — Regular Session 59th Day

CO-AUTHORS OF SENATE BILL 1053

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

CO-AUTHORS OF SENATE BILL 1064

On motion of Senator Staples and by unanimous consent, Senators Duncan, West, and Zaffirini will be shown as Co-authors of SB 1064.

CO-AUTHOR OF SENATE BILL 1284

On motion of Senator Van de Putte and by unanimous consent, Senator Shapleigh will be shown as Co-author of SB 1284.

PERMISSION TO INTRODUCE BILLS

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 1826, SB 1827.

The motion prevailed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

SENATE BILLS ON FIRST READING

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

SB 1826 by Lucio

Relating to certain cross-border health care plans offered by health maintenance organizations.

To Committee on Business and Commerce.

SB 1827 by Armbrister

Relating to certain fees for students attending institutions in the Texas State University System.

To Committee on Education.

HOUSE BILLS AND RESOLUTIONS ON FIRST READING

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

HB 688 to Committee on Business and Commerce.

HB 695 to Committee on Business and Commerce.

HB 815 to Committee on State Affairs.

HB 996 to Committee on Intergovernmental Relations.

HB 1216 to Committee on Business and Commerce.

HB 1281 to Committee on Natural Resources.

HB 1403 to Committee on Education.

HB 1678 to Committee on State Affairs.

HB 1685 to Committee on Education.

HB 1688 to Committee on Education.

Wednesday, April 25, 2001

SENATE JOURNAL

HB 1755 to Committee on Education.

HB 1763 to Committee on Business and Commerce.

HB 1837 to Committee on Intergovernmental Relations.

HB 1901 to Committee on Health and Human Services.

HB 1948 to Committee on State Affairs.

HB 3181 to Committee on State Affairs.

HB 3335 to Committee on Health and Human Services.

HB 3450 to Committee on Health and Human Services.

HJR 5 to Committee on Business and Commerce.

HJR 8 to Committee on Intergovernmental Relations.

HJR 45 to Committee on State Affairs.

HJR 81 to Committee on Natural Resources.

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

April 25, 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 106, Relating to restricting written reports required of public school classroom teachers.

HB 131, Relating to the use of the compensation to victims of crime fund to reimburse the reasonable costs of certain victims' medical examinations.

HB 236, Relating to the applicability of the death penalty to a capital offense committed by a person with mental retardation.

HB 247, Relating to the use by a person of stored water for wildlife management on certain property of the person.

HB 323, Relating to establishing a center for border economic and enterprise development at The University of Texas at Brownsville.

HB 328, Relating to single-member trustee districts for certain school districts.

HB 362, Relating to the definition of unfair competition and unfair and deceptive acts or practices in the business of insurance.

HB 400, Relating to establishing a pilot program to assist prospective students in enrolling in institutions of higher education.

HB 430, Relating to the examination required to become a certified public accountant.

HB 457, Relating to the computation of dropout rates for purposes of public school accountability.

77th Legislature — Regular Session 59th Day

HB 468, Relating to the transportation of and certain ad valorem tax liens on manufactured homes; providing a penalty.

HB 587, Relating to the investigation and prosecution of an offense motivated by bias or prejudice and to other civil and criminal remedies for and protections against certain hateful acts.

HB 623, Relating to the selection, distribution, and use of public school textbooks; providing a criminal penalty.

HB 965, Relating to the eligibility requirements for an applicant or a holder of a lottery sales agent license.

HB 1066, Relating to health benefits coverage of grandchildren.

HB 1075, Relating to certain reports submitted to the community justice assistance division of the Texas Department of Criminal Justice on the use of ignition interlock devices.

HB 1113, Relating to legislative leave time accounts for police officers in certain municipalities.

HB 1126, Relating to the discarding of burning materials; providing a criminal penalty.

HB 1188, Relating to the rights of a public school teacher who is assaulted during the performance of the teacher's regular duties.

HB 1194, Relating to the eligibility of certain property owned or leased by a local official for ad valorem tax abatement or tax increment financing.

HB 1243, Relating to monitoring by the Texas Workforce Commission of the long-term employment history of certain former recipients of public assistance.

HB 1420, Relating to the definition of the practice of law.

HB 1684, Relating to certain charges that may be included in a retail installment agreement.

HB 1733, Relating to the licensing requirements for labor halls in certain municipalities.

HB 1794, Relating to private club alcoholic beverage accounts.

HB 1994, Relating to certain charges included in a retail installment agreement.

HB 2139, Relating to certain agreements under a retail installment contract for the purchase of a motor vehicle.

HB 2300, Relating to certain fees collected by clerks and to the use of certain of those fees for salaries of county judges and for services for victims of family violence.

HB 2311, Relating to certain agreements for the payment of subcontractors.

HB 2337, Relating to the practice of landscape architecture.

HB 2344, Relating to the number of entering freshmen that may enroll at The University of Texas at Brownsville.

HB 2384, Relating to certain firefighter and police officer employment matters in certain municipalities.

Wednesday, April 25, 2001

SENATE JOURNAL

HB 2537, Relating to the recovery of exemplary damages by the surviving spouse or heirs of the body of a deceased employee.

HB 2746, Relating to emergency services and rural fire prevention districts.

HB 2787, Relating to requiring students of institutions of higher education to obtain a vehicle emissions inspection for certain vehicles and to notifying certain students of state vehicle registration and inspection requirements.

HB 2828, Relating to the delegation of certain functions by a health maintenance organization; providing penalties.

HB 3016, Relating to the use of electronically readable information to comply with provisions of the Alcoholic Beverage Code.

HB 3329, Relating to tax-exempt private activity bonds.

HB 3483, Relating to the creation, powers, and duties of the Clean Coal Technology Council.

HB 3673, Relating to feeding certain garbage to swine; providing a criminal penalty.

HCR 233, Memorializing congress to address issues pertaining to the Clean Air Act of 1990 as it pertains to Brazoria County.

HJR 75, Proposing a constitutional amendment to eliminate obsolete, archaic, redundant, and unnecessary provisions and to clarify, update, and harmonize certain provisions of the Texas Constitution.

SB 365, Relating to the adoption of a uniform residential building code for use in the state.

(Committee Substitute)

Respectfully,

/s/Sharon Carter, Chief Clerk

House of Representatives

GUESTS PRESENTED

Senator Van de Putte was recognized and introduced to the Senate a delegation from SeaWorld Adventure Park in San Antonio.

The Senate welcomed its guests.

MESSAGE FROM THE GOVERNOR

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

Austin, Texas

April 24, 2001

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

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

77th Legislature — Regular Session 59th Day

TO BE MEMBERS OF THE INTERAGENCY COUNCIL ON EARLY CHILDHOOD INTERVENTION for terms to expire February 1, 2007:

Timothy J. Flannery

2517 Pinebrook Lane

Seabrook, Texas 77586

Connie L. Hughes

Route 1, Box 172

Idalou, Texas 79329

Patrick Joseph Oliver III

2834 Virginia Colony Drive

Webster, Texas 77596

All of the above are reappointments.

Respectfully submitted,

/s/Rick Perry

Governor

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 695, SB 802, SB 938, SB 1589, SCR 49.

SENATE RESOLUTION 816

Senator Lucio offered the following resolution:

WHEREAS, The Senate of the State of Texas recognizes Gary Kinney for the many outstanding contributions he has made to the Rio Grande Valley; and

WHEREAS, Gary began his career in the nursery and gardening business soon after graduating from high school in Wisconsin, working as a nursery foreman in Milwaukee; and

WHEREAS, Gary served his country faithfully as a member of the United States Army; from 1961 to 1963, he served in Germany as an artillery sergeant and received an honorable discharge; and

WHEREAS, A resident of McAllen, Gary owns his own business supplying items for nurseries and gardening; for the past 18 years he has operated successfully in the international arena, helping to establish good relations with business peers in Mexico; and

WHEREAS, Gary's current business, Kinney Bonded Warehouse, has locations in Donna and Tyler, Texas, and in Monterrey, Mexico; and

WHEREAS, Universally respected by those in his profession, Gary has been honored many times for his contributions to the nursery and landscape industry; he is the current Chairman of the Board of the Texas Nursery and Landscape Association and has served on The Texas A&M University College of Agriculture Development Council; and

Wednesday, April 25, 2001

SENATE JOURNAL

WHEREAS, Through his work in the nursery and landscape business, Gary has been able to reach out to the community; his volunteer work and fund-raising contributed greatly to the research and education efforts of The Texas A&M University System; for his unfailing support of his community, Gary received the Arthur T. Potts Award for outstanding community service; and

WHEREAS, Gary Kinney is an exemplary South Texas business leader, whose volunteer efforts have done much to improve his local community; for his many contributions to the people of the Rio Grande Valley, he is truly worthy of legislative recognition; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby commend Gary Kinney for his professional leadership and his outstanding community support; and, be it further

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

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

GUEST PRESENTED

Senator Lucio was recognized and introduced to the Senate Gary Kinney of McAllen.

The Senate welcomed Mr. Kinney.

CONCLUSION OF MORNING CALL

The President at 10:13 a.m. announced the conclusion of morning call.

SENATE JOINT RESOLUTION 35 ON THIRD 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 third reading and final passage:

SJR 35, Proposing a constitutional amendment relating to the time for legislative and congressional redistricting following release of the federal decennial census.

The resolution was read third time and was passed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

HOUSE BILL 1664 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 third reading:

HB 1664, Relating to certain regulations of the sale and operation of certain vehicles.

The bill was read second time.

77th Legislature — Regular Session 59th Day

Senator Brown offered the following committee amendment to the bill:

Committee Amendment No. 1

HB 1664, as engrossed, is amended by deleting all language beginning with the word "amended" on page 5, line 10, and ending with and including the period on page 5, line 13, and by inserting the following after the word "is" on page 5, line 9: "repealed."

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

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

HB 1664 as amended was passed to third reading by a viva voce vote.

HOUSE BILL 1664 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 HB 1664 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 29, 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, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, West, Whitmire, Zaffirini.

Nays: Wentworth.

Present-not voting: Mr. President.

The bill was read third time and was passed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

SENATE BILL 894 ON SECOND READING

On motion of Senator Moncrief 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 894, Relating to bulk purchasing of prescription drugs by certain state agencies.

The bill was read second time.

Senator Duncan offered the following amendment to the bill:

Floor Amendment No. 1

Amend SB 894 in section 110.006, on line 42 after "pharmaceuticals" and before the ".", by inserting the following: "other than medical assistance under the Vendor Drug Program".

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

Wednesday, April 25, 2001

SENATE JOURNAL

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

SB 894 as amended was passed to engrossment by a viva voce vote.

SENATE BILL 894 ON THIRD READING

Senator Moncrief moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 894 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 29, 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, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, West, Whitmire, Zaffirini.

Nays: Wentworth.

Present-not voting: Mr. President.

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

COMMITTEE SUBSTITUTE

SENATE BILL 1315 ON SECOND READING

On motion of Senator Staples 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 1315, Relating to the use of revenue from the municipal hotel occupancy tax.

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

COMMITTEE SUBSTITUTE

SENATE BILL 1315 ON THIRD READING

Senator Staples moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1315 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 29, 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, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, West, Whitmire, Zaffirini.

Nays: Wentworth.

Present-not voting: Mr. President.

77th Legislature — Regular Session 59th Day

The bill was read third time and was passed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

SENATE BILL 1390 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 1390, Relating to the penalties for operating certain facilities without obtaining a permit under the Texas Clean Air Act.

The bill was read second time.

Senator Cain offered the following amendment to the bill:

Floor Amendment No. 1

Amend SB 1390 as follows:

In SECTION 1 of the bill, in Section 5.5145 of the Water Code, (Committee Printing page 1, line 16), insert "rock crusher or a" before the word "concrete."

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

Senator Cain offered the following amendment to the bill:

Floor Amendment No. 2

Amend SB 1390 as follows:

In SECTION 2 of the bill, in new subsection (b) of Section 7.052 of the Water Code, (Committee Printing page 1, line 24), insert "rock crusher or a" before the word "concrete."

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

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

SB 1390 as amended was passed to engrossment by a viva voce vote.

SENATE BILL 1390 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 1390 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 29, 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, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, West, Whitmire, Zaffirini.

Nays: Wentworth.

Present-not voting: Mr. President.

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

Wednesday, April 25, 2001

SENATE JOURNAL

PHYSICIAN OF THE DAY

Senator Moncrief was recognized and presented Dr. Joane Baumer of Fort Worth as the Physician of the Day.

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

BILLS SIGNED

The President announced the signing of the following enrolled bills in the presence of the Senate after the captions had been read: HB 919, HB 1086.

SENATE BILL 1064 ON SECOND READING

On motion of Senator Staples 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 1064, Relating to adoption services of the Department of Protective and Regulatory Services with respect to sibling groups.

The bill was read second time.

Senator Staples offered the following amendment to the bill:

Floor Amendment No. 1

Amend SB 1064 in SECTION 1 of the bill, in added Section 162.302(e), Family Code (Senate Committee printing, page 1, line 14), between "services" and "keep" by inserting ", when it is in the children's best interest, to".

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

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

SB 1064 as amended was passed to engrossment by a viva voce vote.

SENATE BILL 1064 ON THIRD READING

Senator Staples moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 1064 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 29, 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, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, West, Whitmire, Zaffirini.

Nays: Wentworth.

Present-not voting: Mr. President.

The bill was read third time and was passed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

77th Legislature — Regular Session 59th Day

HOUSE BILL 906 ON SECOND READING

On motion of Senator Lucio 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 third reading:

HB 906, Relating to the continuation and functions of the Coastal Coordination Council.

The bill was read second time.

Senator Lucio offered the following committee amendment to the bill:

Committee Amendment No. 1

Amend HB 906 as follows:

In SECTION 5, Subsection (3) (House Engrossment page 8, lines 8-10) strike "member [three regular members] of the council other than the director of the Texas A&M University Sea Grant Program agrees [agree]" and substitute "three members of the council other than the director of the Texas A&M University Sea Grant Program agree".

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

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

HB 906 as amended was passed to third reading by a viva voce vote.

HOUSE BILL 906 ON THIRD READING

Senator Lucio moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 906 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 29, 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, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, West, Whitmire, Zaffirini.

Nays: Wentworth.

Present-not voting: Mr. President.

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

SENATE BILL 487 WITH HOUSE AMENDMENT

Senator Ogden called SB 487 from the President's table for consideration of the House amendment to the bill.

The President laid the bill and the House amendment before the Senate.

Committee Amendment No. 1

Amend SB 487 by striking SECTION 2 of the bill and renumbering the subsequent sections appropriately.

Wednesday, April 25, 2001

SENATE JOURNAL

SECTION 2.  Section 223.0041, Transportation Code, is amended by adding Subsection (d) to read as follows:

(d)  Unless by a two-thirds vote of the membership, the commission may not award a contract to a bidder that has a total amount under contract that equals more than 40 percent of the total amount of highway construction under contract in the highway district in which the highway project under bid is located.

The amendment was read.

Senator Ogden moved to concur in the House amendment to SB 487.

The motion prevailed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

COMMITTEE SUBSTITUTE

SENATE BILL 372 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:

CSSB 372, Relating to the reestablishment of service credit in a public retirement system participating in the proportionate retirement program.

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

COMMITTEE SUBSTITUTE

SENATE BILL 372 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 CSSB 372 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 29, 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, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, West, Whitmire, Zaffirini.

Nays: Wentworth.

Present-not voting: Mr. President.

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

GUEST PRESENTED

Senator Gallegos was recognized and introduced to the Senate Justice of the Peace Jo Ann Delgado of Houston.

The Senate welcomed Ms. Delgado.

77th Legislature — Regular Session 59th Day

SENATE BILL 404 WITH HOUSE AMENDMENT

Senator Fraser called SB 404 from the President's table for consideration of the House amendment to the bill.

The President laid the bill and the House amendment before the Senate.

Floor Amendment No. 1

Amend SB 404 as follows:

(1)  On page 2, line 19, strike "March 21" and substitute "May 5".

(2)  On page 2, line 21, between "District" and "may", insert ":

(A)  by order of the board of directors of the district shall cancel any scheduled election of directors; and

(B)".

(3)  On page 3, line 7, strike "and".

(4)  On page 3, line 11, strike the period and substitute "; and

(4)  the secretary of state shall assist and advise the appropriate election authorities regarding the cancellation of the scheduled election.".

(5)  On page 3, lines 14-15, strike "March 21" and substitute "May 5".

The amendment was read.

Senator Fraser moved to concur in the House amendment to SB 404.

The motion prevailed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

SENATE RESOLUTION 334

Senator Madla offered the following resolution:

WHEREAS, The Texas Senate takes great pride in joining the Texas Association of Counties in recognizing April 25, 2001, as County Government Day at the Capitol; and

WHEREAS, The week of April 22 through 28, 2001, is being observed by the National Association of Counties as National County Government Week to provide the nation's citizens with an opportunity to honor the many contributions made by county governments; and

WHEREAS, The oldest form of local government in the United States, county government addresses many critical issues, including environmental protection, indigent health care, special assistance for the elderly, job training, and public safety; and

WHEREAS, There are 254 counties in Texas, and those dedicated individuals who serve our counties as elected or appointed officials not only work diligently to meet the needs of citizens without placing an undue burden on taxpayers but also commit themselves to finding solutions to problems that will benefit all Texans; and

WHEREAS, The Texas Association of Counties encourages citizens across the state to observe National County Government Week by learning more about this vital form of local government and the many ways in which it serves the public; now, therefore, be it

Wednesday, April 25, 2001

SENATE JOURNAL

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby commend the county officials of this state for their countless contributions to Texas and welcome members of the Texas Association of Counties to the State Capitol; and, be it further

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

The resolution was again read.

The resolution was previously adopted on Thursday, February 22, 2001.

GUESTS PRESENTED

Senator Madla was recognized and introduced to the Senate a delegation of county officials.

The Senate welcomed its guests.

SENATE BILL 1309 ON THIRD READING

On motion of Senator Staples, the regular order of business was suspended to take up for consideration at this time on its third reading and final passage:

SB 1309, Relating to a challenge of voter registration.

The bill was read third time and was passed by the following vote: Yeas 20, Nays 8, Present-not voting 1.

Yeas: Armbrister, Bernsen, Bivins, Brown, Carona, Duncan, Fraser, Harris, Haywood, Jackson, Lindsay, Madla, Nelson, Ogden, Shapiro, Shapleigh, Sibley, Staples, Wentworth, Whitmire.

Nays: Barrientos, Cain, Ellis, Gallegos, Moncrief, Truan, West, Zaffirini.

Present-not voting: Mr. President.

Absent: Lucio, Van de Putte.

SENATE RESOLUTION 814

Senator Brown offered the following resolution:

WHEREAS, On April 25, 2001, residents from Katy are gathering in Austin to celebrate Katy Day at the State Capitol; and

WHEREAS, First settled in 1872, Katy was originally known as Cane Island and its present-day name is derived from the Missouri, Kansas, and Texas Railroad; the city was formally incorporated in 1945 and is located in parts of Harris, Waller, and Fort Bend counties; and

WHEREAS, In its infancy, the town relied on its plentiful crops of cotton, peanuts, and corn to prosper, but Katy underwent an enormous change when William Eule introduced rice farming in 1901; moreover, the discovery well of the Katy gas field was drilled in 1934 and during World War II the size of the reserves and proximity to Houston-area refineries combined to make the city the most important gas-condensate field in the country; and

WHEREAS, Today, the city remains an important rail and agricultural center and is also known for having one of the largest gas fields in the Lone Star State; and

77th Legislature — Regular Session 59th Day

WHEREAS, The town is home to Heritage Park, with a number of restored historical buildings, made possible by the Katy Heritage Society, and the Katy Veterans Memorial Museum, which features military exhibits of every foreign conflict involving the United States; and

WHEREAS, Residents of this fine city enjoy upholding its heritage each year with the celebration of the Katy Rice Harvest Festival in October; in addition, numerous parks in the city provide year-round opportunities for a wide range of recreational activities; and

WHEREAS, Situated a scant 25 miles west of downtown Houston, Katy has all the benefits of a big city while offering its residents the community life of a small town; the citizens of Katy are embracing the myriad challenges and opportunities of the future while continuing to build on their history, and it is indeed most appropriate to pay tribute to them at this time; now, therefore, be it

RESOLVED, That the Senate of the 77th Texas Legislature hereby recognize April 25, 2001, as Katy Day at the State Capitol and extend to the delegation here today sincere best wishes for an enjoyable and memorable visit.

BROWN

LINDSAY

OGDEN

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

GUESTS PRESENTED

Senator Brown, joined by Senators Lindsay and Ogden, was recognized and introduced to the Senate Stan Stanley, Ann Hodge, Joe Tays, Walt Sass, and Kaye Goolsby, accompanied by a delegation of citizens from Katy.

The Senate welcomed its guests.

SENATE BILL 796 ON SECOND READING

On motion of Senator Madla 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 796, Relating to the exception to disclosure under the public information law of certain audit working papers.

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

RECORD OF VOTES

Senators Ogden and Wentworth asked to be recorded as voting "Nay" on the passage of SB 796 to engrossment.

SENATE BILL 796 ON THIRD READING

Senator Madla moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 796 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 28, Nays 2, Present-not voting 1.

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

Wednesday, April 25, 2001

SENATE JOURNAL

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

Nays: Ogden, Wentworth.

Present-not voting: Mr. President.

The bill was read third time and was passed by the following vote: Yeas 28, Nays 2, Present-not voting 1. (Same as previous roll call)

COMMITTEE SUBSTITUTE

HOUSE BILL 1545 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 third reading:

CSHB 1545, Relating to the operation, regulation, administration, and financing of public institutions of higher education.

The bill was read second time.

Senator Bivins offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSHB 1545 (Senate committee printing) as follows:

(1) On page 1, line 64, (Section 51.9335(e), Education Code) delete, "The University of Texas Medical Branch at Galveston".

(2) On page 7, line 58 (Section 54.010, Education Code) strike, "Chapter 1053" and substitute "Chapter 1558".

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

Senator Haywood offered the following amendment to the bill:

Floor Amendment No. 2

Amend CSHB 1545 by adding the following appropriately numbered SECTION to the bill and by renumbering existing SECTIONS of the bill accordingly:

SECTION _____. Chapter 103, Education Code, is amended by adding Section 103.11 to read as follows:

Sec. 103.11. ACQUISITION OF MUSEUM. (a) The board may acquire by gift or donation a museum and any related property.

(b) The Texas Higher Education Coordinating Board shall include in the funding formula applicable to the university funding for the operation and maintenance of a museum acquired under Subsection (a).

The amendment was read and was adopted by the following vote: Yeas 20, Nays 6, Present-not voting 1.

Yeas: Bivins, Cain, Carona, Duncan, Fraser, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Shapiro, Sibley, Staples, Van de Putte, Wentworth, West, Zaffirini.

Nays: Barrientos, Bernsen, Gallegos, Ogden, Shapleigh, Truan.

Present-not voting: Mr. President.

Absent: Armbrister, Brown, Ellis, Whitmire.

77th Legislature — Regular Session 59th Day

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

CSHB 1545 as amended was passed to third reading by a viva voce vote.

RECORD OF VOTES

Senators Barrientos, Bernsen, Gallegos, Ogden, Shapleigh, and Truan asked to be recorded as voting "Nay" on the passage of CSHB 1545 to third reading.

SENATE RESOLUTION 782

Senator Moncrief offered the following resolution:

WHEREAS, Founded in 1956 by President Dwight D. Eisenhower, Sister Cities International (SCI) is a nonprofit diplomacy network committed to creating and strengthening partnerships and cultural understanding between the United States and international communities; and

WHEREAS, Throughout the nation and across the world, SCI has been invaluable to fostering cooperation between approximately 3,500 cities in 156 countries; moreover, it has led local community development and volunteer action by motivating and empowering private citizens, municipal officials, and business leaders to conduct long-term programs of mutual benefit; and

WHEREAS, Adroitly led by chair Mary Palko and vice chair Gary Fickes, the Texas Sister Cities International program and its many dedicated volunteers have contributed greatly to establishing these global relationships; currently there are 72 cities in the Lone Star State linked to 32 foreign countries and 113 foreign cities; and

WHEREAS, All those associated with the Sister Cities International initiative have shown an impressive commitment to strengthening international understanding and goodwill, and it is a privilege to commend them at this time; now, therefore, be it

RESOLVED, That the Senate of the 77th Texas Legislature hereby commend the significant efforts of the Sister Cities International program and applaud all those associated with the Texas Sister Cities International program for establishing and furthering rewarding relationships between cities in the Lone Star State and foreign communities.

MONCRIEF

HARRIS

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

GUESTS PRESENTED

Senator Moncrief, joined by Senator Harris, was recognized and introduced to the Senate a delegation from Sister Cities International.

The Senate welcomed its guests.

(Senator Moncrief in Chair)

Wednesday, April 25, 2001

SENATE JOURNAL

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

April 25, 2001

The Honorable President of the Senate

Senate Chamber

Austin, Texas

Mr. President:

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

THE HOUSE HAS PASSED THE FOLLOWING MEASURES:

HCR 239, Honoring the Nine Flags Festival for promoting public awareness about the rich heritage of Nacogdoches County.

HCR 258, Honoring Dr. O. Wayne Isom of New York City for his medical contributions.

Respectfully,

/s/Sharon Carter, Chief Clerk

House of Representatives

HOUSE CONCURRENT RESOLUTION 258

The Presiding Officer laid before the Senate the following resolution:

HCR 258, Honoring Dr. O. Wayne Isom of New York City for his medical contributions.

DUNCAN

The resolution was read.

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

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

GUESTS PRESENTED

Senator Duncan was recognized and introduced to the Senate Dr. O. Wayne Isom, accompanied by his family.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator Barrientos was recognized and introduced to the Senate students from the XY-Zone Program at Johnston High School in Austin, accompanied by their sponsor.

The Senate welcomed its guests.

77th Legislature — Regular Session 59th Day

HOUSE BILL 360 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 third reading:

HB 360, Relating to the abuse of a child.

The bill was read second time.

Senator Ogden offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 360 as follows:

In SECTION 1 of the bill, in amended Section 261.001(1), Family Code (Senate Committee Printing page 1, line 33), between "welfare" and the semicolon, insert ", including conduct that constitutes the offense of indecency with a child under Section 21.11, Penal Code, sexual assault under Section 22.011, Penal Code; or aggravated sexual assault under Section 22.021, Penal Code".

(2) Add the following appropriately numbered section to the bill and renumber the sections of the bill accordingly:

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

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

HB 360 as amended was passed to third reading by a viva voce vote.

(President in Chair)

COMMITTEE SUBSTITUTE

SENATE BILL 520 ON SECOND READING

On motion of Senator Shapleigh 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 520, Relating to the annual report by the Commission on Human Rights concerning certain hiring practices.

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

COMMITTEE SUBSTITUTE

SENATE BILL 520 ON THIRD READING

Senator Shapleigh moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 520 be placed on its third reading and final passage.

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

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

Wednesday, April 25, 2001

SENATE JOURNAL

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

Nays: Wentworth.

Present-not voting: Mr. President.

The bill was read third time.

Senator Armbrister offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 520 on line 23 of page 1, after the word legislature, add if requested

By unanimous consent, the amendment was read and was adopted by a viva voce vote.

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

CSSB 520 as amended was finally passed by a viva voce vote.

GUESTS PRESENTED

Senator Zaffirini was recognized and introduced to the Senate students from Palo Alto College in San Antonio and Jourdanton High School in Jourdanton: Meg Schuchart, Bekah Norwood, Jennifer Norwood, and Kristy Simmons, accompanied by Professor Paul W. Wilson and their sponsor Margaret Steffek.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator Barrientos was recognized and introduced to the Senate students from Jack C. Hays High School in Hays, accompanied by their teacher.

The Senate welcomed its guests.

COMMITTEE SUBSTITUTE

SENATE BILL 944 ON SECOND READING

On motion of Senator Van de Putte 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 944, Relating to the contracting authority of certain hospital districts to enter into or modify a tax abatement agreement.

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

COMMITTEE SUBSTITUTE

SENATE BILL 944 ON THIRD READING

Senator Van de Putte moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 944 be placed on its third reading and final passage.

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

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

77th Legislature — Regular Session 59th Day

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

Nays: Wentworth.

Present-not voting: Mr. President.

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

(Senator Armbrister in Chair)

COMMITTEE SUBSTITUTE

SENATE BILL 1053 ON SECOND READING

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

CSSB 1053, Relating to rates and expenditures under the Medicaid and state child health plan programs in the Texas-Mexico border region.

There was objection.

Senator Shapleigh then moved to suspend the regular order of business and take up CSSB 1053 for consideration at this time.

The motion prevailed by the following vote: Yeas 22, Nays 5, Present-not voting 1.

Yeas: Armbrister, Barrientos, Bernsen, Brown, Cain, Carona, Duncan, Ellis, Gallegos, Harris, Lindsay, Lucio, Madla, Moncrief, Ogden, Shapleigh, Truan, Van de Putte, Wentworth, West, Whitmire, Zaffirini.

Nays: Fraser, Haywood, Nelson, Shapiro, Staples.

Present-not voting: Mr. President.

Absent: Bivins, Jackson, Sibley.

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

RECORD OF VOTES

Senators Fraser, Haywood, Nelson, Shapiro, and Staples asked to be recorded as voting "Nay" on the passage of CSSB 1053 to engrossment.

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

April 25, 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:

Wednesday, April 25, 2001

SENATE JOURNAL

THE HOUSE HAS PASSED THE FOLLOWING MEASURES:

SB 232, Relating to the designation of a portion of Interstate Highway 30 between Dallas and Fort Worth as the Tom Landry Highway.

(Amended)

Respectfully,

/s/Sharon Carter, Chief Clerk

House of Representatives

SENATE BILL 129 ON THIRD READING

Senator Duncan 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 129, Relating to the appointment and nonpartisan retention or rejection of appellate justices and judges and to elimination of a straight-party vote in connection with district judges.

There was objection.

Senator Duncan then moved to suspend the regular order of business and take up SB 129 for consideration at this time.

The motion prevailed by the following vote: Yeas 20, Nays 8, Present-not voting 1.

Yeas: Armbrister, Bivins, Brown, Cain, Duncan, Ellis, Fraser, Gallegos, Haywood, Lucio, Madla, Moncrief, Ogden, Shapleigh, Sibley, Staples, Van de Putte, Wentworth, West, Whitmire.

Nays: Bernsen, Carona, Jackson, Lindsay, Nelson, Shapiro, Truan, Zaffirini.

Present-not voting: Mr. President.

Absent: Barrientos, Harris.

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

RECORD OF VOTES

Senators Barrientos, Bernsen, Carona, Jackson, Lindsay, Nelson, Shapiro, Truan, and Zaffirini asked to be recorded as voting "Nay" on the final passage of SB 129.

SENATE JOINT RESOLUTION 3 ON THIRD READING

Senator Duncan 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:

SJR 3, Proposing a constitutional amendment providing for gubernatorial appointment to fill vacancies in the offices of appellate justices and judges and for nonpartisan retention elections for those justices and judges.

There was objection.

Senator Duncan then moved to suspend the regular order of business and take up SJR 3 for consideration at this time.

77th Legislature — Regular Session 59th Day

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

Yeas: Armbrister, Barrientos, Bivins, Brown, Cain, Duncan, Ellis, Fraser, Gallegos, Haywood, Lucio, Madla, Moncrief, Ogden, Shapleigh, Sibley, Staples, Van de Putte, Wentworth, West, Whitmire.

Nays: Bernsen, Carona, Jackson, Lindsay, Nelson, Shapiro, Truan, Zaffirini.

Present-not voting: Mr. President.

Absent: Harris.

The resolution was read third time and was passed by the following vote: Yeas 21, Nays 8, Present-not voting 1. (Same as previous roll call)

COMMITTEE SUBSTITUTE

SENATE BILL 1053 ON THIRD READING

Senator Shapleigh moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1053 be placed on its third reading and final passage.

CSSB 1053, Relating to rates and expenditures under the Medicaid and state child health plan programs in the Texas-Mexico border region.

The motion prevailed by the following vote: Yeas 26, Nays 4, Present-not voting 1.

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

Nays: Fraser, Haywood, Nelson, Wentworth.

Present-not voting: Mr. President.

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

RECORD OF VOTES

Senators Fraser, Haywood, Nelson, Shapiro, and Staples asked to be recorded as voting "Nay" on the final passage of CSSB 1053.

COMMITTEE SUBSTITUTE

SENATE BILL 1705 ON SECOND READING

On motion of Senator Van de Putte 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 1705, Relating to the election of school district trustees from single-member districts.

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

Wednesday, April 25, 2001

SENATE JOURNAL

COMMITTEE SUBSTITUTE

SENATE BILL 1705 ON THIRD READING

Senator Van de Putte moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1705 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 29, 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, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, West, Whitmire, Zaffirini.

Nays: Wentworth.

Present-not voting: Mr. President.

The bill was read third time and was passed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

COMMITTEE SUBSTITUTE

SENATE BILL 1780 ON SECOND READING

On motion of Senator Lindsay 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 1780, Relating to a sheriff's appeal to a district court of a decision by a civil service commission.

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

COMMITTEE SUBSTITUTE

SENATE BILL 1780 ON THIRD READING

Senator Lindsay moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1780 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 29, 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, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, West, Whitmire, Zaffirini.

Nays: Wentworth.

Present-not voting: Mr. President.

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

77th Legislature — Regular Session 59th Day

COMMITTEE SUBSTITUTE

SENATE BILL 478 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 478, Relating to certain children suspected of conduct that violates a penal law who are taken into possession in an emergency without a court order by the Department of Protective and Regulatory Services.

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

COMMITTEE SUBSTITUTE

SENATE BILL 478 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 478 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 29, 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, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, West, Whitmire, Zaffirini.

Nays: Wentworth.

Present-not voting: Mr. President.

The bill was read third time and was passed by the following vote: Yeas 28, Nays 2, Present-not voting 1.

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

Nays: Lindsay, Wentworth.

Present-not voting: Mr. President.

(Senator Brown in Chair)

(President in Chair)

SENATE BILL 819 ON SECOND READING

On motion of Senator Armbrister 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 819, Relating to regulation of the carrying of a handgun.

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

Wednesday, April 25, 2001

SENATE JOURNAL

RECORD OF VOTES

Senators Barrientos, Ellis, and Truan asked to be recorded as voting "Nay" on the passage of SB 819 to engrossment.

MOTION TO PLACE

SENATE BILL 819 ON THIRD READING

Senator Armbrister moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 819 be placed on its third reading and final passage.

The motion was lost by the following vote: Yeas 20, Nays 8, Present-not voting 1. (Not receiving four-fifths vote of Members present)

Yeas: Armbrister, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Fraser, Haywood, Jackson, Lindsay, Madla, Nelson, Ogden, Shapiro, Shapleigh, Sibley, Staples, Van de Putte, Zaffirini.

Nays: Barrientos, Ellis, Gallegos, Moncrief, Truan, Wentworth, West, Whitmire.

Present-not voting: Mr. President.

Absent: Harris, Lucio.

GUESTS PRESENTED

Senator Shapleigh was recognized and introduced to the Senate Vernon Butler, principal of Bel Air High School in El Paso; Gilbert Barraza, activities director; Aurora Vasquez, student body president; and Chris Roosmallen, incoming president; accompanied by a delegation of students.

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.

Senator Truan requested that the following nominees be severed:

Members, The University of Texas System Board of Regents: Rita Crocker Clements, Dallas County; Judith Lynn Berwick Craven, M.D., M.P.H., Harris County; Cyndi Taylor Krier, Bexar County.

The request was granted.

NOMINEES CONFIRMED

The following nominees, not severed and reported yesterday by the Committee on Nominations, were confirmed by the following vote:  Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

77th Legislature — Regular Session 59th Day

Members, The Texas A&M University System Board of Regents: Phillip David Adams, Brazos County; Wendy Lee Gramm, Brazos County; Lester Lowry Mays, Bexar County.

Members, Texas Tech University Board of Regents: C. Robert Black, Llano County; J. Robert Brown, El Paso County; David R. Lopez, Travis County.

Members, Texas Woman's University Board of Regents: Therese Bartholomew Bevers, M.D., Harris County; Kenneth L. Ingram, Denton County; Sharon Warfield Wilkes, Travis County; Annie F. Williams, Dallas County.

Members, Texas State University System Board of Regents: Dan S. Hallmark, Jefferson County; James L. Sweatt III, M.D., Dallas County.

Members, Texas Southern University Board of Regents: David Diaz, Nueces County; J. Paul Johnson, Fort Bend County; George M. Williams, Harris County; Gerald E. Wilson, Harris County.

Members, Stephen F. Austin State University Board of Regents: Margarita de la Garza-Grahm, M.D., Smith County; Kenneth James, Harris County; Gary Lopez, Dallas County; R. "Lyn" Stevens, Jefferson County; Michael T. Wilhite, Sr., Rusk County; Fredrick A. Wulf, Shelby County.

Members, Midwestern State University Board of Regents: John C. Bridgman, Wichita County; Mac Cannedy, Jr., Wichita County; Munir A. Lalani, Wichita County; David L. Stephens, Wichita County.

Members, Commission on Jail Standards: Evelyn "Kelly" McVay, Nacogdoches County; Horace T. "Ted" Montgomery, Moore County.

Members, Texas Agricultural Finance Authority Board of Directors: S. Michael Golden, Brazoria County; Victoria Salin, Ph.D., Brazos County; Jane Anne Stinnett, Lubbock County.

Members, Texas Underground Facility Notification Corporation Board of Directors (One-Call Board): Ralph Edward Alonzo, Bexar County; Lynda Billa Burke, Bexar County; Beverley A. Clark, Fort Bend County; Steven F. Landon, Tarrant County; Howard T. Pebley, Jr., Hidalgo County; Nancy Lou Sullivan, Mitchell County; Jose L. Valenciano, Lubbock County.

Member, State Committee of Examiners in the Fitting and Dispensing of Hearing Instruments: James McCrae, Gillespie County.

Member, State Board of Examiners for Speech-Language Pathology and Audiology: Deborah L. Carlson, Harris County.

NOMINEES CONFIRMED

Senator Nelson moved that the following severed nominees be confirmed:

Members, The University of Texas System Board of Regents: Rita Crocker Clements, Dallas County; Judith Lynn Berwick Craven, M.D., M.P.H., Harris County; Cyndi Taylor Krier, Bexar County.

The nominees were confirmed by the following vote:  Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

Wednesday, April 25, 2001

SENATE JOURNAL

REMARKS ORDERED PRINTED

On motion of Senator Lucio and by unanimous consent, the following remarks regarding The University of Texas System Board of Regents nominees were ordered reduced to writing and printed in the Senate Journal:

Senator West: Senator Nelson, three of the individuals that you are moving to confirm are nominees for the Board of Regents for The University of Texas, is that correct?

Senator Nelson: That is correct.

Senator West: I've spoken with you and some of the other colleagues about this. Members, you can recall a couple of years ago, last session, there was an issue, Mr. President, concerning representation on the UT Board of Regents. Just like my colleague Senator Barrientos, I don't get up and make personal privilege speeches all the time, but on that particular day when we were considering the nominees for the UT Board of Regents, I did get up. The reason that I got up on that day was because at that point in time in the history of this great republic, there had only been one African American that had been appointed to the UT Board of Regents, and that was Zan Holmes out of my district, and that was done by Ann Richards. Don't get me wrong, I'm not saying that a person has to be African American in order to represent an African American. What I am saying, though, is that if we are going to move forward in terms of issues of higher education, we need to make sure that we have everyone sitting at the table when the discussions are taking place, much like we do here in this distinguished body and also in the House. When ideas are coming up that impact generations yet unborn, and when we come up with solutions to problems, everyone needs to be sitting at the table. Governor Perry, who was then the Presiding Officer of the Senate when I made that speech, is now the Governor. He has looked around and found a female who happens to be an African American who will do an outstanding job representing the views of all citizens, but brings a unique perspective in terms of being African American. I think that we also need to note that there will be for the first time in the history of this board three females on the Board of Regents. So things are changing somewhat in terms of the composition of this nine-person board, and it's my hope and my prayer that these persons that we are considering today do what's right, not what's expedient, not what's been done in the past, not just talk to talk, but come with legitimate agendas that will benefit and carry Texas into the next decade. Dr. Murdoch has told us what the demographics of this state look like today and what they will look like tomorrow. Senator Bivins, in dealing with issues in higher education, has used that as an anchor factor in developing laws and projects and funding for the future. I would hope that one of our flagship university's systems does the same thing. I also note that when we begin to look at the issue of representation as it relates to the executives, as it relates to the faculty, yes, and as it relates to the students, we still have the same issues that Senator Barrientos talked about some 20 years ago. I would hope that this board is different and I know that things take time, but 20 years is an awful long time, and things change. I would hope, Members, this Board of Regents, these members, once they're confirmed, that we benchmark this day and measure the improvement. We should be able to quantify and qualify their effectiveness as a board of regents, not only of UT, but all other boards of regents. We can quantify it by virtue of the numbers that exist today. That's what I plan on doing,

77th Legislature — Regular Session 59th Day

and, hopefully, you do the same in terms of measuring their effectiveness as members of the Board of Regents. So I commend the Governor for taking the right steps in reference to representation on that particular Board of Regents. Thank you.

Senator Truan: I moved to sever the nominees to The University of Texas System Board of Regents, Mr. President and Members, because there are a number of questions related, not necessarily to those three nominees, but to The University of Texas System in particular, and The University of Texas at Austin. The hiring practices of the university have been questioned and several Members have met this morning with the three nominees, whom we all feel are honorable individuals and worthy of the nomination made by the Governor. It is our purpose here today, right now, to make reference to the fact that ethnic and racial minorities have not been given an opportunity for key positions within The University of Texas System and The University of Texas at Austin in particular. This is the university that has two-thirds of the Permanent University Fund, the PUF, with billions of dollars. We're asking for equity in the positions. I have passed out a list of the people in key positions with The University of Texas at Austin. Among the executive positions, we have three African Americans, four Hispanics, and 38 Anglo whites. Among the deans, there is a total of one Hispanic, two African Americans, and 12 Anglo whites. In the other key positions related to department chairs and academic program directors, you can read through those pages as you get your list, Members, there is only one Asian, three Hispanics, four African Americans, and 62 Anglo whites. That is not acceptable in this time and age, and we can look at the figures, and figures don't lie but liars figure, is an old saying. You see where we are now in this new century, and it's not acceptable. I am not here to raise questions about the nominees, who I have said are honorable members of our state, and we hope will give us the kind of leadership that we need in this State of Texas. But we cannot allow these kinds of statistics to continue in this new century. We demand more. There is a meeting that is going to be held later this afternoon with these same individuals and others to try to address the issue, the hiring practices, and the promotion of individuals within the university here in Austin and with the university system. There is another letter that is being passed out at my request addressed to our colleague Senator Madla from the President of The University of Texas at Austin. Several references there are made that are not consistent with what we would expect with respect to the persons that ought to be considered for these promotions. Personally, I and several others take issue with a couple of comments made by the President in this letter. I am not going to monopolize the discussion, Mr. President, Members, but the letter speaks for itself and I'd like to yield at this time to whoever else would like to speak, Mr. President.

Senator Van de Putte: Thank you. One of the wonderful things about being in the Senate is the ability to sit on a nominations committee, an instrument, a testament to this body that doesn't occur in the House, and so, as a new Member of this body, I was delighted when our Presiding Officer asked me to serve in that capacity. Senator Nelson, I am also proud to serve as Vice-chair of that committee. I have watched our Chair of that committee handle even the most difficult of nomination processes with grace. Last week we had an unprecedented occurrence where we had all of the regents who had not been appointed and the new regents appointed by Governor Perry come before that committee. Many of you attended a small reception in the Lieutenant Governor's reception room for these nominees. It was a wonderful

Wednesday, April 25, 2001

SENATE JOURNAL

opportunity to visit, and to get their input, and to ask them some very pointed questions. I believe for part of that meeting, our committee meeting, Dean, you were present, and I sat along with Senator Barrientos and Senator Gallegos, and we asked, not just the regents of The University of Texas, these nominees, but we made a point for all of the nominees that are listed before you today to hear our questions and to understand the scope of what is facing our state. Members, there is not one vote that you and I can make, or Members of the House can make, that can change the coming demographics of this state. As uncomfortable as that is to some people in this state, there is nothing you and I can do to change what Texas will be. I come from the proud City of San Antonio, that this week is celebrating Fiesta, commemorating not just our state and the Battle of San Jacinto, but the cultures that have come together to make this state strong. Last night many of you joined us as we heralded that culture, that blending. So, it's with some amount of sadness that I had to go into a meeting this morning when we should be celebrating the fact that there are three women appointed to The University of Texas System Board of Regents, that we have such a sorrowful, hurtful statement. Members, letters that say, it is often the case, and I quote, that even though the situation is getting better, there are not enough minority applicants who yet possess the education and experience necessary to compete for faculty or high level academic appointments. When my grandmother, who had a third-grade education and was cleaning people's houses and office buildings, asked to be raised to a supervisor level, she was told you are not qualified. When my mother, a college graduate who was a teacher, wanted to be in a supervisory position, she was told there are no qualifications, there are not Hispanics or, at that time, I think they called her Chicano. When I was in pharmacy school at this beloved institution, and, believe me, my blood is orange, there were times when the sentiment was, there's, yes, we understand that there are Mexican Americans, but not enough, and not qualified. It is extremely hurtful to stand on this floor today, to have to respond to again another offensive affront to the changing demographics of this state. To say there are not enough qualified, there are not yet, you're doing good, but not yet. So you can see the levels generation after generation, not qualified, not there yet. Although I would love to be able to celebrate today and, believe me, my sister colleagues are all excited about this historic day, it is unfortunate that we are having to take this time to respond. How long must we wait? How long does this state have before the changing demographics hit us in the face. The document from the Higher Education Coordinating Board, Bridging the Gaps, and we discussed this in that committee meeting, Senator Nelson. At that time, I became very emotional because there is a wonderful opportunity for us to change what that access to opportunity is for most of the families in this state, and, yet, to be shut out at the door, when you reach a certain level, no, they're not qualified. Maybe they could get away with it with my grandmother because she was only a cleaning lady, and maybe folks could get away with it back then because my mom was only an elementary school teacher, and maybe they could get away with it with me because I was only a pharmacist. But as our children grow, there has got to be some sort of recognition that my daughter, who will be going to graduate school, that the door is not closed on her because you are not ready yet. And so, while I would love to support Dean Truan's motion, it is no affront to the women, who are all fine women, Mrs. Clements, Judge Krier, and Dr. Craven. You are our hope. I hope, and it is my desire, that you would be able to take with you not only that ceiling effect of our sisters that when they come across, to be able to get to the next level, but that you remember

77th Legislature — Regular Session 59th Day

the brown faces of this state, that you remember the African American faces of this state and those who do not want a handout, just an opportunity to compete, and that you will make sure that policy exists that says, we will no longer accept excuses of you're not good enough. I want to thank Senator Nelson for the way that she handled the committee and all of the nominees who came before us. But I would hope that this is warning enough. Please, do the right thing, not because it's the social or just thing to do, but the economic viability of our state rests in your hands.

Senator Barrientos: Mr. President, Members. I wish to speak briefly on this issue. I will admit, Members, this slowness, it's almost like when I came to the House, like a petrification of what I found. You see, some 20 years ago when I wanted to run for State Representative here in Austin, many people said, "You want to run for State Representative, Barrientos? But you only have 10 percent Hispanic, how are you going to do that?" I said, "Well, I speak English." And, by golly, I got elected. Then I wanted to run for the Senate, Members, all of Travis County and all of Hays County. "Well, Barrientos, you're a pretty good ol' boy, but how you gonna do it with 17 percent Hispanic?" I said, "I think I can do good. I think I can represent people across the board, whatever color." And, by golly, we won. I'm so proud of the people who live in Central Texas, and I'm so proud of the people who live across the State of Texas, but indeed, Members, not all of them are fair and treat people with equity. When I finally got here and I was put on the appropriations committee as a freshman, I would ask commissioners and directors of agencies and presidents of schools, why do you have this inequity in terms of women participating, in terms of Hispanics, in terms of African Americans, etc. And you know what they said? The same thing that is in this letter dated April 24, 2001, Members. How long? How long? Mark this day, Texas, mark this day as Senator West has said. Benchmark April 25, 2001. You know, it's very odd here, years later and now with gray hair, that we see representation in everything from arts, music, athletics, the film industry, congressional medal of honor winners, and yet we see that some of our institutions do not reflect the face of Texas, Members. Let me finally make clear, let no one mistake what we are saying here today. We're not asking for handouts, just fairness, just equity, to be able to compete without both hands tied behind our backs. Yes, I commend three women, three very bright women, who will help lead this state into what the American dream should be all about. Thank you.

Senator Ellis: Mr. President. I rise to speak briefly on this issue. Mr. President and Members, I, too, commend the Chairwoman, for the outstanding job, the way she has conducted the proceedings at that committee. I have one of the UT nominees from my district who is also a neighbor and someone I've known a very long time, as is the case with all three of these appointments, three women. For me, as a man, let me tell you, that is a bold step for Texas, and a proper step, and one that's far too late. I've known Judith Craven for a long time. She's been a person who has broken a number of glass ceilings, both being African American and a woman, on a number of corporate boards, and I've always known her to be someone who just didn't sit on the board. Sometimes in my community we joke about when people break the glass ceiling and get on these boards, sometimes the only thing they know about a board is the board on the side of a building. She has not been that kind of board member, and I know that she will raise these issues appropriately on an ongoing basis. Cyndi Krier, one of our colleagues,

Wednesday, April 25, 2001

SENATE JOURNAL

will go on The University of Texas System Board of Regents. I think that is important because I think she, maybe more so than the other two, who are experiencing this process today, understands why we're doing it. A lot of times, we do just kiss people as they roll through the confirmation process. No governor in their right mind would appoint someone who they didn't think could get confirmed. They usually pick people that we like going to dinner with, who call us up and we go to lunch, even when we're busy, who make phone calls, even when we're on the floor, and we take them. But in Texas, our way of government calls for important citizens to volunteer their time to sit on boards and commissions and do things that probably, more appropriately, should be done by us. I don't want them to feel singled out, but I do think that they ought to feel the significance of their task by being three women, in particular, breaking glass ceilings, going on The University of Texas System Board of Regents. As Senator Zaffirini pointed out earlier, I, too, bleed orange, and it is a proud statement that I make when I say I'm a graduate of The University of Texas Law School. But, Royce, when I came out of Worthing High School in 1972, I had not heard of the university. When they'd say that, I'd wonder what they were talking about. What I knew about The University of Texas was that a postman out of Houston, Heman Sweatt, tried to get in, they gave him a hard time, he went all the way to the United States Supreme Court, got in, and had a very difficult experience. That was my perception of The University of Texas, and I think that's probably why we pause, Dean, and single these regents out. But, really, the statements that we're making about them apply to all of the boards of regents in the State of Texas and all of those outstanding Texans that seek to be confirmed in those positions, and it ought to apply not just to the public schools, it ought to apply to the private schools. We give somewhere in the neighborhood of $200 million a biennium to private schools in the State of Texas through the Tuition Equalization Grants. We give about $62 million a year, but we don't get to ask those questions about the diversity on their boards of regents, or executive committees that run those boards of regents, or what opportunities they're giving to minority and women contractors to do business with them, and the breakdown on who are the deans, who are the tenured professors. So, I think it is an appropriate discussion. I know President Faulkner, I know him fairly well. When UT's Law School was picking a new dean—I know him to be a very sensitive person—I gave him a call, after I went to that meeting earlier and read the letter and suggested that he call you, Senator Barrientos, and also Senator Madla. It was certainly an inartful way of making a point and I hope that this discussion prompts him and other university leaders, public and private, in the State of Texas, to be even more diligent about breaking glass ceilings. And lastly, Mr. President, I think I know from personal experience, that for people who say when you look a little different, name might sound a little different, maybe didn't get to join the country club two or three generations back, sometimes you take a risk, you roll the dice. You don't ask if we've been there the longest, or how many are in the pool. I thank God when the President of the Senate was deciding who he'd name as committee Chair, at least when he got to my little slot, he didn't say, well, there're only two in the pool, so we don't have enough of those. So, I think it's an appropriate discussion, and I certainly hope that it won't fall on deaf ears. Thank you.

Senator Zaffirini: Thank you Mr. President. Mr. President and Members, two Members of this body were born Hispanic at the same time that we were born female,

77th Legislature — Regular Session 59th Day

and what saddens us the most, is that instead of celebrating this historic day of three women on the Board of Regents at The University of Texas at Austin, that we are focusing on the need for more minorities, for more women at all levels of all universities, not just The University of Texas at Austin. While I am Hispanic and part Greek, I bleed orange, Senator Ellis, you are so right. But I am not only saddened, I realize that today we celebrate an opportunity. There are many of us, Mr. President and Members, who believe that sometimes the best man for a job is a woman. Today we have three women who have been appointed to the Board of Regents, and I truly believe that these three women will make a difference. They are not simply friends, they are regents. They will be members of one of the most important boards in our great State of Texas. I trust each of them. I respect each of them. In fact, I even like each of them. Two weeks ago in a different meeting with each one, we discussed these very issues and every one of these women is committed to prioritize diversity at The University of Texas System. Every one of them was aware of the problem that we helped to resolve in San Antonio last year. You remember, Members, the publicity about the fact that at The University of Texas Health Science Center at San Antonio, we had not one African American, not one Asian American, one Hispanic American, at the highest levels of administration. Well, the system took care of that, the board of regents took care of that, the chancellor addressed that issue, and today we have as President of The University of Texas Health Science Center at San Antonio a Mexican American president, and did you know, Members, that never in the history of the United States, has a Hispanic American ever been president of a medical school. Dr. Francisco Cigarroa is the president of a health science center that includes a medical school. We have Dr. Ricardo Romo who is excelling at The University of Texas at San Antonio. So, while we decry the lack of minorities, the lack of women at the highest levels of The University of Texas at Austin and other universities throughout this state, let us not lose sight of progress, let us not lose sight of hope. For today, when we celebrate these women, we celebrate our trust in them, our respect for them, and the fact that we expect from them greatness, and greatness specifically in ensuring that our great university will reflect the face of our great State of Texas. Mr. President and Members, these are wonderful women who will meet the highest standards and, I assure you, may even exceed our expectations. I not only trust and respect and like them, but I share with them one attitude, that women who strive for equality lack ambition. Thank you so much, Mr. President and Members.

Senator Gallegos: Thank you Mr. President and Members. You know this last Saturday was San Jacinto Day and I had the honor to introduce President Ratliff. There were about 10,000 people there. It was crowded. The same day, the same morning, there was a front page article that came out of the Houston Chronicle talking about, from a historian, saying that this is what happened at San Jacinto that day that Texas won its independence. Before I introduced the Lieutenant Governor, I told the crowd that, regardless of what a professor or historian tells you what really happened back then, or the road to Texas' independence, that is a debate for another day. But the fact of the matter is that who fought side by side with Sam Houston that day in the Texas army were a lot of immigrants of different colors. What I told the crowd, whether the debate goes on on what really happened, the fact of the matter is that Hispanics, African Americans, Irish immigrants, they fought together side by side, and they died together side by side, winning independence for Texas. It really was a nice day to

Wednesday, April 25, 2001

SENATE JOURNAL

honor Texas Independence, which this picture behind here, which also is in my district, depicts. Then having to listen to my colleagues, especially Senator Barrientos, talk about what hasn't been happening, and Senator Van de Putte read you just part of the letter. I think there is another key part to the letter, and then it says, "Thus it is key that we do a better job," here on April 24th, that this letter is dated, "in educating and mentoring minorities." Now, as the Chair of the Senate Hispanic Caucus, I take that offensively, I think we would do a better job of educating and mentoring some of the people who are in those positions about minorities and what we're all about. Let me be perfectly clear that the comments that are made here do not reflect on the three nominees, the three women, because we haven't voted on them. They are not part, in essence, of the process right now that we are criticizing, so they're not to blame for any of this. But we are going to ask them, as soon as we vote on them, ask them to clear up things like this. These numbers that Senator Truan put out, I put out the same numbers during the nominations committee, and told them that this is going to have to stop, that we need better representation. And, lord and behold, here we get a letter. So, just as the rest of my colleagues, to the three nominees, that there's got to be a better way, and I think that with the addition of those three fine nominees, well-qualified, excellent, I think, good choices by the Governor, that there will be a change over at UT. Thank you.

Senator Lucio: Chairwoman Nelson, I, too, rise to congratulate you and the Members of the nomination committee for the way that you have conducted your proceedings. I have been privileged to introduce a few of my constituents that Governor Perry has seen fit to appoint to some pretty good boards and commissions. After the debate is over, Members, we will continue to try to work together, strive, and try to achieve our goals and aspirations for the future. But we need to reflect a little bit about what has happened in the past. I can agree with my colleagues and their concerns to a certain degree, but I also have to give credit to the people that I have worked with as a Senator from the Rio Grande Valley and the border of Texas, people like Chancellor Hans Mark, Chancellor Bill Cunningham, who I consider a very dear close friend, and now, Chancellor Burck. I really want to thank Governor Perry publicly for appointing these three outstanding women, outstanding Texans, and I know they are going to make great regents. But I think we need to have a vision for the future and I believe that vision, obviously, has to encompass and include everyone that makes Texas great, every man and woman, everyone that's young and old, every child that is being born today that wants to have an opportunity in the future of our great state. I can't say enough about what the regents did for us this last decade as we tried to develop the first-ever regional academic health center in the Rio Grande Valley, which everyone on this floor took part in making it a reality. The regional academic health center is going to serve us well in the future in the Rio Grande Valley as we see the unfolding of medical education, the school of research in Edinburg, Texas, at The University of Texas—Pan American, and, of course, the school of public health at UTB, Senator Nelson. We have a lot to be thankful for in terms of being able to achieve certain goals that we have been so long in waiting to happen, but the future is important for all of us. I think that, and I know, knowing each Member of this body, that we will continue eating out of the same plate, sharing, working together, and trying to accomplish our goals. I think we need to take this discussion here today and use it wisely, respect opinions, and try to do everything we can to work with one another. In

77th Legislature — Regular Session 59th Day

the final chapter of the nominations committee report, I know that all of the nominees will be confirmed. I know that we will be proud to have the people that we're talking about here today serve as regents of this great institution, but I also don't want to leave anyone behind, and I think that is the saying that was left here by the former Governor, now President of our country, and I think that's important. I think the message that has been shared with us by our colleagues is one that we all need to take issue with and do everything we can to bring equity and a balance, a fairness, an equal playing field, for everyone that needs to be given that opportunity. Thank you Mr. President.

Senator Shapleigh: Thank you Mr. President. Senator Nelson, I want to bring a different view to diversity here and I've shared this story with Senator Ellis and others of you on this floor. When Senator Ellis talks about looking a little different, and your last name sounds a little different, well, for a white guy in Koinadugu District, Sierra Leone, West Africa, I can tell you now that I was a minority of one for two and a half years in the Koranko tribe that I spent that time with. In that tribe the word for a white person, and not too many had been up in that area of the country because the British didn't get that far, was tibabu. The word was ti, which is white, and babu, which is a sound that a baboon makes in the forest. And I don't need to tell you exactly what the connotation was as I walked through villages. The experience taught me, Senator Ellis, as you have learned, that we need to walk in each others' shoes to learn about what is best for the people that we all represent. I want to talk about a little different issue than the one we have concentrated on here today and that is the very serious issue of these border universities in The University of Texas System. When we look at the U.S. News & World Report which recently came out, Senator Van de Putte, and we look at the appropriated money that these institutions get, and here is your institution in San Antonio, the institution that I represent in El Paso, and we compete in El Paso with an institution 40 miles away that gets double the state-appropriated money, we have to wonder if this is a system or a system for one school. When we look at this system, Senator Lucio, and we look at the graduation rates of the schools that happen to be along the border, and we have The University of Texas—Pan American with a 22 percent graduation rate, we have The University of Texas at El Paso with a 22 percent graduation rate, we have The University of Texas at Brownsville, The University of Texas at San Antonio with a 25 percent graduation rate, we need to ask some tough questions about what this system is doing in the State of Texas as the changing demographics distribute the students of Texas to different schools which may not have been looked at the way this board of regents has looked at The University of Texas at Austin in appropriating monies and putting resources where the students are. I visited with each of these fine nominees and I'm hopeful that we will work together on this important issue, because if we tolerate 22 percent graduation rates in the State of Texas in four of our universities in the system, that says a lot about where that system is and the way it views its students and the allocation of its resources. So, I hope as we go forward from today, that we can take the resources of a great system and unlock the great potential of this state, because as Steve Murdoch has told us, an educated mind in the State of Texas that comes out with a college degree will make $3.2 million in a lifetime and one that doesn't make the grade and gets to the eighth grade is going to make $800,000 in a lifetime, and to the extent that we educate our kids in the State of Texas, that's going to define Texas. So, I look forward to working with these regents and this system to fix these issues, because as these

Wednesday, April 25, 2001

SENATE JOURNAL

population centers develop, Senator Lucio, 150 miles from your house in Brownsville, there are now 6 million people. In El Paso, Texas, 15 miles from my house, there are 2.4 million people. These are customers of The University of Texas System, to which we allocate resources in this state to achieve the result that benefits the whole state. When we had the discussion on SB 737 about tier-one universities in this state, not once did we mention a school south of I-10, not once did we start with The University of Texas at San Antonio, that was, at the time we started this session, the third largest city in the State of Texas, and now the fourth. It was not even mentioned in the discussion, and to be in the year 2001 and not have a discussion about San Antonio being a tier-one university, in my view, says a lot about where we are in the state of higher education in the State of Texas. So, as we take this vote on these nominees in the system that is so critical to moving 500,000 kids, more kids, into higher education to close the gaps, so that this state can realize just the nation's average in higher education potential, it is The University of Texas System that has the biggest charge and the biggest load and the biggest responsibility. I look forward to working with these nominees as they become regents to solve these important issues, because we all have a stake in how they solve them for the State of Texas.

Senator Nelson: First of all, Mr. President and Members, I want to say how very proud I am to serve as Chair of this nominating committee. It is a very thoughtful, deliberative group and as the nominees for all of these boards of regents came before us, it was difficult, by the way, to decide which we were going to hear first, because I didn't want us to show bias and I noticed what color I wore today, subconsciously. We heard from The University of Texas System Board of Regents first, so all of the other boards of regents that were up for confirmation sat through the hour and a half or two hour discussions that we had with The University of Texas System Board of Regents. Many of the issues that have been brought up here today were discussed with those boards of regents. I was so very proud of the questions that arose. There were Members who were not Members of our nominating committee who sat in and participated in those discussions. Several of you asked for meetings with the members from the various boards, certainly from The University of Texas System Board of Regents to come and meet individually to discuss these things. I was so very proud at the manner in which the committee asked the questions and the discussions that took place. I want to make just a couple of comments. Senator West, you talked about the demographics, the changing demographics of this state, and one number that hasn't been discussed too much, is the number that we see in all of the breakdowns and that is the percentage of male and female in this state, and, I've got to tell you, that for years, I was the only female at many tables, and for years we could look at several of our boards of regents in this state, and they were all male. Senator Zaffirini, we have made some progress and I'm very proud. I think that while we discuss the concerns that we're discussing here today, we also need to celebrate the progress that we have made. It's not just three women, it's three smart, sharp, thoughtful women who I watched sit there and absorb the questions and the comments that were made by the Members of the nominating committee when they came before us. I am convinced that they heard what we said. Senator Shapleigh, you mentioned graduation rates, and that was an issue that came up several times, not just with the universities that you mentioned in your comments, but we need to be concerned about our graduation rates, and that question came up several times in our deliberations, not just with the board that we are

77th Legislature — Regular Session 59th Day

discussing right now, but with several of our boards. Senator Van de Putte, my Vice-chair, you made such a heartfelt, emotional plea to the board, that we are discussing right now, when they came before our committee, and I told you at that time and I told the Members of the committees, this isn't a Republican and a Democrat debate. This is an issue that is important to all of us. I told my Vice-chair that I would stand shoulder-to-shoulder with her and I think there are other Members, if not all of the Members of this body, that will, to make sure, Senator Shapleigh, that we accomplish what you and I want to accomplish, and that's to take advantage of our most precious resource in this. Our most precious resource is not oil or gas, it's our children. If we don't make sure that all of our children are prepared, and that's from birth on up, prepared, and if our universities are not taking advantage of all of our wonderful resources and preparing them, we will not be able to meet our full potential as a state.

GUEST PRESENTED

Senator West was recognized and introduced to the Senate F. Pancho Medrano of Dallas.

The Senate welcomed Mr. Medrano.

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 139 today.

MOTION TO ADJOURN

On motion of Senator Truan, the Senate at 1:45 p.m. agreed to adjourn, in memory of Joe Salem of Corpus Christi and former Representative Renato Cuellar of Weslaco, upon conclusion of the Local and Uncontested Calendar Session tomorrow, until 10:00 a.m. tomorrow.

RESOLUTIONS OF RECOGNITION

The following resolutions were adopted by the Senate:

Memorial Resolutions

SR 815 by Ellis, In memory of Geneva Eloise Hadnot of Houston.

SR 820 by Bernsen, In memory of Butch Hoffer of Beaumont.

Wednesday, April 25, 2001

SENATE JOURNAL

Congratulatory Resolutions

SR 817 by Armbrister, Commending the Texas Zoo in Victoria.

SR 819 by Bernsen, Congratulating James Grayson of Houston.

SR 821 by Jackson, Congratulating Chuck Doyle of Texas City and his family.

Legislative Policy Resolution

SR 818 by Armbrister, Supporting a joint effort by the Texas Natural Resource Conservation Commission, the Texas Water Development Board, the Division of Emergency Management of the Texas Department of Public Safety, and the Texas Colorado River Flood Plain Coalition to pursue means of enhancing flood and emergency management and to revise flood maps, and resolving that the agencies and the coalition provide a report to the 78th Legislature.

RECESS

On motion of Senator Truan, the Senate at 1:46 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:

April 25, 2001

HEALTH AND HUMAN SERVICES — CSHB 757

JURISPRUDENCE — CSHB 899

HEALTH AND HUMAN SERVICES — CSSB 1029

VETERAN AFFAIRS AND MILITARY INSTALLATIONS — CSSB 1160, SB 1815 (Amended)

JURISPRUDENCE — CSSB 1369

BUSINESS AND COMMERCE — CSSB 1825

STATE AFFAIRS — CSSB 1720, CSSB 313

INTERGOVERNMENTAL RELATIONS — SB 1179, SB 1794, SB 1796, SB 1810, SB 1811, HB 197, HB 1041, HB 1586, HB 1788, HB 1881, HB 2220

SENT TO GOVERNOR

April 25, 2001

SB 695, SB 802, SB 938, SB 1589, SCR 49

77th Legislature — Regular Session 59th Day

In Memory

of

Renato Cuellar

Senator Truan offered the following resolution:

(Senate Resolution 740)

WHEREAS, The Senate of the State of Texas joins citizens throughout the state in mourning the death of a beloved former state representative and county judge, Renato Cuellar, who died April 5, 2001; and

WHEREAS, This well-known South Texas leader was born to Erasmo and Carmen Cuellar on July 12, 1927; a native of Weslaco, he volunteered to join the United States Navy at age 15, and he defended his nation honorably during World War II; and

WHEREAS, After completing one tour of duty with the Navy, Renato enlisted in the United States Marine Corps for two additional tours of duty and fought in the Korean War; and

WHEREAS, Renato worked as a constable and for the Teamsters Union, before serving in the Texas Legislature as the Democratic Representative from Weslaco from 1987 through 1997; and

WHEREAS, A distinguished public servant, Renato was respected by his colleagues as a thoughtful and quiet legislator, whose calm reserve made him particularly adept at the art of compromise; and

WHEREAS, Also noted for his sincerity, Renato went out of his way to endear himself not only to his South Texas constituents, but also to citizens across the state, and friends and family readily attest that he was most happy when he was representing his fellow Texans; and

WHEREAS, While in the House of Representatives, Renato worked especially hard on behalf of The University of Texas—Pan American at Edinburg, believing wholeheartedly that Texas could only benefit from investing in the education of its young citizens; and

WHEREAS, Renato will also be well remembered for sponsoring legislation, signed by Governor Ann Richards, to make the Texas Ruby Red Grapefruit grown in his district the official fruit of the State of Texas; and while acknowledging that both California and Florida produced the citrus, he never hesitated to affirm the obvious superiority of the Valley's grapefruit; and

WHEREAS, In May, 1997, Renato was sworn in as Hidalgo County Judge and served in this capacity until 1998, when he retired from public life; and

WHEREAS, Texas has lost a great and dedicated leader in the passing of Renato Cuellar; he served his constituents with compassion and intelligence, and his efforts have made a positive difference in the lives of countless Texans; he will be remembered by the constituents he served, and indeed by

Wednesday, April 25, 2001

SENATE JOURNAL

all Texans, as an exemplary and distinguished Texas leader; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby extend sincere condolences to the family of former Texas State Representative Renato Cuellar: his wife, Maria Elena; his children, Geraldine, Nancy, Renato, Shirley, Robert, Arthur, and Edna; and his 19 grandchildren and his five great-grandchildren; and, be it further

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

TRUAN GALLEGOS

ARMBRISTER JACKSON

BARRIENTOS LUCIO

CAIN MADLA

CARONA MONCRIEF

DUNCAN VAN DE PUTTE

FRASER

The resolution was again read.

On motion of Senator Brown 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, April 17, 2001.

Senator Truan, joined by Senators Duncan, Gallegos, Lucio, Ogden, and Van de Putte, was recognized and introduced to the Senate family members of Renato Cuellar: his wife, Maria Elena Cuellar; his daughters, Nancy Ann Cuellar, Shirley Jane Cuellar, and Edna Cuellar Griswold; his son, Robert James Cuellar; and his grandchildren, Gabriel Adam Griswold and Katrina Marie Griswold.

The Senate welcomed its guests and extended its sympathy.