SEVENTY-EIGHTH LEGISLATURE — FIRST CALLED SESSION
AUSTIN, TEXAS
PROCEEDINGS
FOURTH DAY
(Wednesday, July 9, 2003)
The Senate met at 1:00ip.m. pursuant to adjournment and was called to order by the President.
The roll was called and the following Senators were present:iiArmbrister, Barrientos, Bivins, Brimer, Deuell, Ellis, Estes, Fraser, Hinojosa, Jackson, Janek, Lindsay, Madla, Nelson, Ogden, Ratliff, Shapiro, Shapleigh, Wentworth, Whitmire, Williams, Zaffirini.
Absent-excused:iiAveritt, Carona, Duncan, Gallegos, Harris, Lucio, Staples, VanideiPutte, West.
The President announced that a quorum of the Senate was present.
The Reverend G.iV. Clark, Mount Zion Baptist Church, Austin, offered the invocation as follows:
Understanding and forgiving God, we are here before You acknowledging with thanksgiving that You have brought us to the beginning of this day. We thank You for consciousness of our need of Your direction and guidance. Thusly, we pray that You be with us in a very special fashion so that the things done this day will be for the betterment of our communities and the people we serve. Help us always to see the way, so that the efforts put forth during this 78th Texas legislative session and especially the Senate of the State of Texas will serve well constituency represented. O God, bless us during all deliberations. We are thankful for Your grace and mercy. Amen.
Senator Whitmire moved that the reading of the Journal of the proceedings of yesterday be dispensed with and the Journal be approved as printed.
The motion prevailed without objection.
LEAVES OF ABSENCE
On motion of Senator Whitmire, Senator Averitt was granted leave of absence for today on account of important Senate business.
On motion of Senator Whitmire, Senator Carona was granted leave of absence for today on account of important business.
On motion of Senator Whitmire, Senator Duncan was granted leave of absence for today on account of important Senate business.
On motion of Senator Whitmire, Senator Gallegos was granted leave of absence for today on account of important Senate business.
On motion of Senator Whitmire, Senator Harris was granted leave of absence for today on account of important Senate business.
On motion of Senator Whitmire, Senator Lucio was granted leave of absence for today on account of important Senate business.
On motion of Senator Whitmire, Senator Staples was granted leave of absence for today on account of important Senate business.
On motion of Senator Whitmire, Senator VanideiPutte was granted leave of absence for today on account of important business.
On motion of Senator Whitmire, Senator West was granted leave of absence for today on account of important Senate business.
CO-AUTHOR OF SENATE BILL 6
On motion of Senator Wentworth, Senator Shapleigh will be shown as Co-author of SBi6.
CO-AUTHORS OF SENATE BILL 27
On motion of Senator Lucio, Senators Hinojosa and Zaffirini will be shown as Co-authors of SBi27.
CO-AUTHOR OF SENATE JOINT RESOLUTION 2
On motion of Senator Wentworth, Senator Shapleigh will be shown as Co-author of SJRi2.
CO-AUTHORS OF SENATE RESOLUTION 34
On motion of Senator Ellis, Senators Gallegos, Janek, Lindsay, and Whitmire will be shown as Co-authors of SRi34.
MESSAGE FROM THE GOVERNOR
The following Message from the Governor was read and was referred to the Committee on Nominations:
Austin, Texas
July 9, 2003
TO THE SENATE OF THE SEVENTY-EIGHTH LEGISLATURE, FIRST CALLED SPECIAL SESSION:
I ask the advice, consent and confirmation of the Senate with respect to the following appointments:
44 78th Legislature — First Called Session 4th Day
JUDGE, 116TH JUDICIAL DISTRICT, DALLAS COUNTY
The Honorable Robert Henry "Bob" Frost - Dallas
Appointment Date:iiJune 3, 2003
Expiration Date:
JUDGE, 16TH JUDICIAL DISTRICT, DEAN COUNTY
The Honorable Carmen Rivera-Worley - Denton
Appointment Date:iiJune 3, 2003
Expiration Date:
JUSTICE, 12TH COURT OF APPEALS, SMITH COUNTY
The Honorable Diane DeVasto - Flint
Appointment Date:iiJune 30, 2003
Expiration Date:
ORTHOTICS AND PROSTHETICS, TEXAS BOARD OF
Ms. Erin Elizabeth Berling - Coppell
Appointment Date:iiJune 20, 2003
Expiration Date:iiFebruary 1, 2007
Mr. Richard Michael Neider - Lubbock
Appointment Date:iiJune 20, 2003
Expiration Date:iiFebruary 1, 2007
PRESERVATION BOARD, STATE
Ms. Jocelyn Levi Straus - San Antonio
Appointment Date:iiJune 12, 2003
Expiration Date:iiFebruary 1, 2005
TRANSPORTATION COMMISSION, TEXAS
Mr. Robert Nichols - Jacksonville
Appointment Date:iiJune 10, 2003
Expiration Date:iiFebruary 1, 2009
Respectfully submitted,
/s/Rick Perry
Governor
SENATE RESOLUTION 34
Senator Shapleigh, on behalf of Senator Ellis, offered the following resolution:
WHEREAS, The Senate of the State of Texas is pleased to recognize the Rice University Owls, who recently won the national title in baseball at the College World Series; and
WHEREAS, The Owls defeated the Stanford University team 14-2 in the championship game, earning Rice's first national title in a team sport; the Owls scored three runs in the first inning and added a record-tying seven runs in the sixth inning; they won the game by the widest margin in a championship game in the history of the College World Series; and
Wednesday, July 9, 2003 SENATE JOURNAL 45
WHEREAS, The team set a Rice record with a 30-game winning streak early in the season and finished the year with a 58-12 record and a winning percentage of .829, the highest in the nation; and
WHEREAS, The members of the 2003 team are Sean Hirsch, Matt Emerson, Matt Cavanaugh, Jeff Jorgensen, Chris Kolkhorst, Austin Davis, Lance Pendleton, Paul Janish, Jeff Blackinton, Enrique Cruz, David Aardsma, Matt Moake, Dane Bubela, Justin Ruchti, Josh Baker, Philip Humber, Matt Ueckert, Craig Stansberry, Colin Matheny, Vincent Sinisi, Jon Gillespie, Wade Townsend, Jeff Niemann, Steven Herce, and Lyndon Duplessis; the team's head coach is Wayne Graham and the assistant coaches are Mike Taylor, David Pierce, and Zane Curry; also contributing to the team's success are athletic trainer David Key, student athletic trainer Brooke Eitelbach, student manager Greg Mitchell, and director of baseball operations Kim McDougall; and
WHEREAS, Coach Graham has led the Owls for the past 12 years; he inherited a program with a 16-34 overall record in 1991 and under his outstanding leadership, Rice has won seven consecutive Western Athletic Conference titles and has played in nine straight National Collegiate Athletic Association tournaments, culminating in a national championship; Coach Graham has recently been named National Coach of the Year by Collegiate Baseball; and
WHEREAS, A first-rate institution, Rice University is noted for its scholarly curriculum, and, at 91 percent, the school is ranked number one in the country in the graduation rate of student athletes; and
WHEREAS, In winning the national title, the Rice Owls and Head Coach Wayne Graham and his staff have brought great honor to themselves, to their school, and to the Lone Star State; now, therefore, be it
RESOLVED, That the Senate of the State of Texas, 78th Legislature, 1st Called Session, hereby congratulate the Rice Owls, Head Coach Wayne Graham, and the assistant coaches and staff on their exceptional season and on winning the national collegiate baseball championship; and, be it further
RESOLVED, That a copy of this Resolution be prepared for them as an expression of esteem from the Texas Senate.
The resolution was read and was adopted without objection.
GUESTS PRESENTED
Senator Shapleigh, on behalf of Senator Ellis, was recognized and introduced to the Senate Rice University Owls Head Coach Wayne Graham and Senior Associate Athletic Director Steve Moniaci.
The Senate welcomed its guests.
46 78th Legislature — First Called Session 4th Day
SENATE BILLS ON FIRST READING
The following bills were introduced, read first time, and referred to the committees indicated:
SB 36 by Zaffirini
Relating to monitoring compliance of public school bilingual education and special language programs.
To Committee on Education.
SB 37 by Lindsay
Relating to the precedence of highway access rules and ordinances of certain counties and municipalities over highway access management orders of the Texas Transportation Commission.
To Committee on Infrastructure Development and Security.
SB 38 by West
Relating to automatic admissions to public institutions of higher education by certain high school graduates.
To Committee on Education.
SB 39 by Shapleigh
Relating to increasing the cigarette tax to provide child care through certain quality child-care programs.
To Committee on Finance.
SB 40 by Shapleigh
Relating to the identification information required of an applicant for a driver's license.
To Committee on Infrastructure Development and Security.
SB 41 by Carona
Relating to civil claims involving exposure to asbestos and resulting illnesses.
To Committee on State Affairs.
PHYSICIAN OF THE DAY
Senator Janek, on behalf of Senator Fraser, was recognized and presented Dr.iHenry David Pope of Kerrville as the Physician of the Day.
The Senate welcomed Dr. Pope and thanked him for his participation in the Physician of the Day program sponsored by the Texas Academy of Family Physicians.
RESOLUTION SIGNED
The President announced the signing of the following enrolled resolution in the presence of the Senate:iiSCR 1.
SENATE RULE 11.18(a) SUSPENDED
(Public Hearings)
On motion of Senator Ratliff and by unanimous consent, Senate Rule 11.18(a) was suspended in order that the Committee on State Affairs might consider the following bills today:iiSBi8, SBi41.
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SENATE RULES SUSPENDED
(Posting Rules)
On motion of Senator Ogden and by unanimous consent, Senate Rule 11.10(a) and Senate Rule 11.18(a) were suspended in order that the Committee on Infrastructure Development and Security might meet and consider SB 21 today.
RESOLUTIONS OF RECOGNITION
The following resolutions were adopted by the Senate:
Memorial Resolution
SR 43 by Shapleigh, In memory of Orba Lee Malone of El Paso.
Congratulatory Resolutions
SR 36 by Ogden, Congratulating Jose de Jesus Guerra and Maria del Socorro Guajardo de Guerra of Austin on their 50th wedding anniversary.
SR 39 by Lindsay, Commending Jennifer Nicole Walters for earning the Girl Scout Gold Award.
SR 40 by Madla, Commending Delia Velasquez for her dedication to the Texas SuperCyclist Project.
SR 41 by Barrientos, Recognizing Sweet Home Missionary Baptist Church in Austin on its 132nd anniversary.
SR 42 by Shapleigh, Commending Woody L. Hunt for his contributions to the City of El Paso.
ADJOURNMENT
On motion of Senator Nelson, the Senate at 1:27ip.m. adjourned until 10:00ia.m. tomorrow.
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