SEVENTY-EIGHTH LEGISLATURE — REGULAR SESSION
AUSTIN, TEXAS
PROCEEDINGS
FIFTH DAY
(Wednesday, January 22, 2003)
The Senate met at 1:00 p.m. pursuant to adjournment and was called to order by the President.
The roll was called and the following Senators were present:iiArmbrister, Averitt, Barrientos, Bivins, Brimer, Carona, Deuell, Duncan, Ellis, Estes, Fraser, Gallegos, Harris, Hinojosa, Jackson, Janek, Lindsay, Lucio, Madla, Nelson, Ogden, Ratliff, Shapiro, Shapleigh, Staples, VanideiPutte, Wentworth, West, Whitmire, Williams, Zaffirini.
The President announced that a quorum of the Senate was present.
The Reverend Dr. Stephen Lowell Swisher, First United Methodist Church, Monahans, offered the invocation as follows:
Dear Lord, we face this 78th legislative session with newly inaugurated leaders; we bless in this moment Governor Perry, Lieutenant Governor Dewhurst, and each Member of this Senate, their families and staff members. But after a night of celebration we once again turn our attention to challenges which range from budgetary constraints to our fellow Texans being deployed for possible war.
As we gather here in this historic place facing the stress of committee hearings, lobbyist demands, paperwork deadlines, and seemingly endless functions and mixers, may we not lose sight of our true purpose–to get the right things done and in some cases to get wrong things undone.
We remember in this moment those who have served before us and in our minds we can visualize the sea of faces whom we represent, those millions of people looking to us to make a positive, real, significant difference. May our words offer hope and our actions inspiration.
Keep us true to our past and faithful to the future of Texas. 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.
SENATE RESOLUTION 13
Senator Staples offered the following resolution:
WHEREAS, Nacogdoches County Day at the Capitol is being held January 22, 2003, in celebration of this significant area of our state; and
WHEREAS, While the State of Texas counts six flags over the course of its history, nine flags have flown over this illustrious county; inhabited by Caddo Indians in historic times, the area was later occupied by Spanish missionaries and Spanish settlers before the arrival of Anglo-Americans in the 1820s; and
WHEREAS, The county seat, Nacogdoches, holds the distinction of being the oldest city in Texas, having received from Mexico its official designation as a pueblo in 1779; the city played a prominent role in the history of our state, with a stone house, now known as the Old Stone Fort, figuring in three attempts to establish a Republic of Texas; and
WHEREAS, A compelling tourist destination, Nacogdoches County encompasses parts of the Sam Rayburn Reservoir and Angelina National Forest, both popular sites for camping, hiking, and fishing; the annual Blueberry Festival, a highly anticipated event filled with family fun, celebrates the county's flourishing blueberry industry; and
WHEREAS, This fertile, forested region has provided residents with prosperous agribusiness and with thriving timber, poultry, and dairy production; higher education also plays a positive role in the local economy, for the county is home to the respected Stephen F. Austin State University, and the influx of students infuses the area with a youthful vitality; and
WHEREAS, A place of natural beauty and charm, Nacogdoches County has long contributed to the development and special character of Texas, and it continues to be an outstanding asset to the Lone Star State; now, therefore, be it
RESOLVED, That the Senate of the 78th Texas Legislature hereby recognize January 22, 2003, as Nacogdoches County Day at the State Capitol and extend a warm welcome to those citizens of the county who are with us today.
The resolution was read and was adopted without objection.
GUESTS PRESENTED
Senator Staples was recognized and introduced to the Senate a delegation from Leadership Nacogdoches.
The Senate welcomed its guests.
SENATE RESOLUTION 14
Senator Staples offered the following resolution:
WHEREAS, On January 22, 2003, delegates from the Stephen F. Austin State University Student Government Association and Alumni Association are visiting the State Capitol; and
50 78th Legislature — Regular Session 5th Day
WHEREAS, As the voice of the student body, the Student Government Association provides an effective conduit through which students express concerns and offer suggestions to the university administration; moreover, the organization sponsors campus events and passes legislation to improve the quality of student life; and
WHEREAS, The executive, judicial, and legislative branches of this exemplary organization work to ensure that students' views are reflected in policies implemented by the university; and
WHEREAS, The Student Government Association helps to develop future leaders of this state and nation while advocating in behalf of more than 11,500 individuals enrolled at the university; and
WHEREAS, The SFA Alumni Association is dedicated to serving the alumni, friends, and students of the university through programs, scholarships, and activities that foster loyalty and continued involvement in the life of the school; and
WHEREAS, With a membership of more than 90,000 alumni participating in 15 charter chapters throughout the Lone Star State, the nonprofit group presents more than $1 million in scholarships and awards to deserving students each year; and
WHEREAS, The Student Government Association and Alumni Association play crucial roles in supporting SFA students and in advancing the mission of this proud university; now, therefore, be it
RESOLVED, That the Senate of the 78th Texas Legislature hereby recognize January 22, 2003, as Stephen F. Austin State University Student Government Association and Alumni Association Day at the State Capitol, and extend to all those involved sincere best wishes for success and happiness in their future endeavors; and, be it further
RESOLVED, That official copies of this resolution be prepared for the Student Government Association and the Alumni Association of Stephen F. Austin State University as an expression of high regard by the Texas Senate.
The resolution was read and was adopted without objection.
GUESTS PRESENTED
Senator Staples was recognized and introduced to the Senate Dr. Tito GuerreroiIII, President of Stephen F. Austin State University in Nacogdoches, accompanied by a delegation of alumni and student leaders from the university.
The Senate welcomed its guests.
SENATE RESOLUTION 31
Senator Hinojosa offered the following resolution:
WHEREAS, The Senate of the State of Texas is pleased to recognize Ariella Nichelle Olivarez, for her work in promoting literacy for children of all ages throughout the State of Texas; and
WHEREAS, Ariella is an accelerated reader and honor roll second-grade student at Saint Joseph Catholic School in Edinburg; and
WHEREAS, A talented writer, Ariella won first place at the district level in the spring 2002 creative writing division of the University Interscholastic League competition; she then competed at the state level, where she placed fourth; and
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WHEREAS, Eight-year-old Ariella enjoys tumbling, gymnastics, cheerleading, and ballet; in addition, she has studied piano for the past year and participates in Girl Scouts; and
WHEREAS, Crowned Little Miss Rio Grande Valley 2003 on November 9, 2002, Ariella will represent the Rio Grande Valley at the Miss American Sweetheart Pageant in Houston on June 22, 2003; and
WHEREAS, Ariella strives for excellence in all of her endeavors, and her commitment to promoting literacy will undoubtedly be of great benefit to many of her young fellow Texans; now, therefore, be it
RESOLVED, That the Senate of the State of Texas, 78th Legislature, hereby commend Ariella Nichelle Olivarez for the fine example she has set for other children and for her efforts to promote literacy in our state; and, be it further
RESOLVED, That a copy of this Resolution be prepared for her as an expression of esteem from the Texas Senate.
HINOJOSA
LUCIO
The resolution was read and was adopted without objection.
GUESTS PRESENTED
Senator Hinojosa, joined by Senator Lucio, was recognized and introduced to the Senate Ariella Olivarez, Little Miss Rio Grande Valley 2003, accompanied by family members Maxine, Leo, Azema, Mina, and Leo, Jr.
The Senate welcomed its guests.
PHYSICIAN OF THE DAY
Senator Wentworth was recognized and presented Dr. Charles Mason VoniHenner of San Marcos as the Physician of the Day.
The Senate welcomed Dr. Von Henner and thanked him for his participation in the Physician of the Day program sponsored by the Texas Academy of Family Physicians.
GUEST PRESENTED
Senator Fraser was recognized and introduced to the Senate Taylor County Judge Victor G. Carrillo.
The Senate welcomed its guest.
SENATE RESOLUTION 32
Senator Ogden offered the following resolution:
WHEREAS, The Senate of the State of Texas is pleased to recognize the participants of the TALL VIII class of the Texas Agricultural Lifetime Leadership program; and
WHEREAS, The Texas Agricultural Lifetime Leadership program is a part of the Texas Cooperative Extension and is now in its 16th year of operation; the program is designed for men and women who are in the early stages of their careers; applicants must be residents of Texas and actively involved in farming, ranching, or a business closely related to agriculture; and
52 78th Legislature — Regular Session 5th Day
WHEREAS, Candidates for the program are reviewed for their leadership and integrity, analytical and communication skills, potential for growth, and vocational commitment; and
WHEREAS, The goals of the program are to identify and support emerging leaders, heighten their knowledge of current issues, and increase their personal involvement in the state and local activities that contribute to the growth of Texas agriculture; and
WHEREAS, The TALL VIII class consists of 24 leaders in agriculture, ranging from 25 to 49 years in age; during a two-year span, these participants will tour the State of Texas and visit Mexico, Washington, D.C., New York, and South Africa; the class will attend its third session in Austin to learn firsthand about state government and agricultural representation; and
WHEREAS, The members of the TALL VIII class are devoting their time and energy to discovering how to solve the complex issues facing the agricultural industry today, and they deserve recognition for their dedication and hard work; now, therefore, be it
RESOLVED, That the Senate of the State of Texas, 78th Legislature, hereby congratulate the members of the TALL VIII class on their selection as participants in this prestigious program and extend to them best wishes for the future; and, be it further
RESOLVED, That a copy of this Resolution be prepared for the TALL VIII class as an expression of esteem from the Texas Senate.
The resolution was read and was adopted without objection.
GUESTS PRESENTED
Senator Ogden was recognized and introduced to the Senate Dr. Jim Mazurkiewicz, Director of the Texas Agricultural Lifetime Leadership (TALL) program, accompanied by members of the TALL VIII class.
The Senate welcomed its guests.
SENATE RESOLUTION 33
Senator Zaffirini offered the following resolution:
WHEREAS, The Senate of the State of Texas is pleased to recognize the members of Washington's Birthday Celebration Association and the association's president, Melissa C. Cigarroa, on their successful annual planning of the celebration of Washington's Birthday in Laredo; and
WHEREAS, Every year, the citizens of Laredo celebrate the birthday of the Father of Our Country; Washington's Birthday Celebration Association sponsors the celebration to pay tribute to the memory of George Washington and to his virtues and his patriotism; this year is the 106th birthday celebration; and
WHEREAS, Representatives of the celebration annually travel to Austin to invite Texans to attend this most distinguished event; this year's representatives include Rosanne Louise Winch and Aladar "Ito" Deutsch, portraying Martha and George Washington; Dr. Francisco G. Cigarroa and Dr. Ricardo G. Cigarroa, sharing the title of Mr. South Texas 2003; Gary G. Jacobs, Mr. South Texas 2002; Yemile Meline Guerra and Alejandro Javier Gárza, portraying Princess Pocahontas and White Eagle,
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WHEREAS, Since its beginning as a two-day event in 1898, the Washington Birthday Celebration gradually has evolved into a grand celebration entailing numerous events that cover more than a two-week period; the yearly celebrations exemplify the spirit and enthusiasm of Laredoans and the pride they take in their city and country; now, therefore, be it
RESOLVED, That the Senate of the State of Texas, 78th Legislature, hereby commend the members of the Washington's Birthday Celebration Association on their patriotism and their dedication and extend best wishes to them for a joyous 106th birthday celebration; and, be it further
RESOLVED, That a copy of this Resolution be prepared for the association as an expression of esteem from the Texas Senate.
The resolution was read and was adopted without objection.
GUESTS PRESENTED
Senator Zaffirini was recognized and introduced to the Senate Aladar "Ito" Deutsch portraying George Washington; Janice Gonzalez, who portrayed Martha Dandridge Washington last year; Yemile Meline Guerra portraying Princess Pocahontas; Alejandro Javier Gárza portraying White Eagle, Chief of the Painted Forest; Sabás Zapata IV and Natalie Angela Notzon, the Abrazo Children representing the United States; Rebeca Edith Santana Girón and Juan Eduardo Guarneros Peña, the Abrazo Children representing Mexico; accompanied by Melissa Cigarroa, President of Washington's Birthday Celebration Association; Dr. Ricardo Cigarroa, Mr. South Texas 2003; and a delegation of citizens from Laredo.
The Senate welcomed its guests.
STANDING COMMITTEES APPOINTED
The President announced the appointment of the following committees for the 78th Legislature:
ADMINISTRATION
Harris, Chair; Hinojosa, Vice-chair; Jackson, Janek, VanideiPutte, Wentworth, Whitmire.
BUSINESS AND COMMERCE
Fraser, Chair; Averitt, Vice-chair; Armbrister, Brimer, Estes, Jackson, Lucio, VanideiPutte, Williams.
CRIMINAL JUSTICE
Whitmire, Chair; Williams, Vice-chair; Carona, Ellis, Hinojosa, Ogden, Ratliff.
EDUCATION
Shapiro, Chair; West, Vice-chair; Averitt, Janek, Ogden, Staples, VanideiPutte, Williams, Zaffirini.
SUBCOMMITTEE ON HIGHER EDUCATION
West, Chair; Averitt, Janek, Staples, VanideiPutte.
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FINANCE
Bivins, Chair; Zaffirini, Vice-chair; Averitt, Barrientos, Brimer, Duncan, Janek, Nelson, Ogden, Shapiro, Shapleigh, Staples, West, Whitmire, Williams.
GOVERNMENT ORGANIZATION
Ellis, Chair; Wentworth, Vice-chair; Armbrister, Bivins, Brimer, Ratliff, Whitmire.
HEALTH AND HUMAN SERVICES
Nelson, Chair; Janek, Vice-chair; Carona, Deuell, Gallegos, Lindsay, Ratliff, West, Zaffirini.
INFRASTRUCTURE DEVELOPMENT AND SECURITY
Ogden, Chair; Barrientos, Vice-chair; Deuell, Ellis, Lindsay, Madla, Shapiro, Shapleigh, Wentworth.
INTERGOVERNMENTAL RELATIONS
Madla, Chair; Brimer, Vice-chair; Deuell, Gallegos, Wentworth.
INTERNATIONAL RELATIONS AND TRADE
Lucio, Chair; Shapleigh, Vice-chair; Bivins, Carona, Estes, Nelson, Zaffirini.
JURISPRUDENCE
Duncan, Chair; Gallegos, Vice-chair; Averitt, Bivins, Harris, Lucio, West.
NATURAL RESOURCES
Armbrister, Chair; Jackson, Vice-chair; Barrientos, Duncan, Estes, Fraser, Hinojosa, Lindsay, Lucio, Shapiro, Staples.
SUBCOMMITTEE ON AGRICULTURE
Duncan, Chair; Estes, Lucio.
NOMINATIONS
Lindsay, Chair; Deuell, Vice-chair; Barrientos, Carona, Harris, Hinojosa, Jackson.
STATE AFFAIRS
Ratliff, Chair; Staples, Vice-chair; Armbrister, Duncan, Ellis, Fraser, Harris, Madla, Nelson.
VETERAN AFFAIRS AND MILITARY INSTALLATIONS
VanideiPutte, Chair; Estes, Vice-chair; Fraser, Madla, Shapleigh.
SUBCOMMITTEE ON BASE REALIGNMENT AND CLOSURE
Shapleigh, Chair; Fraser, Madla.
SENATE BILL AND RESOLUTION ON FIRST READING
The following bill and resolution were introduced, read first time, and referred to the committees indicated:
SB 220 by Harris
Relating to the creation, purpose, implementation, and funding of the County Park Beautification and Improvement Program.
To Committee on Administration.
Wednesday, January 22, 2003 SENATE JOURNAL 55
SJR 15 by Harris
Proposing a constitutional amendment relating to appropriations for the preservation and perpetuation of certain items of historical value; allowing the legislature and state agencies to accept on behalf of the state gifts of items of historical value and contributions to purchase such items.
To Committee on Administration.
SENATE RULES SUSPENDED
(Posting Rules)
On motion of Senator Harris and by unanimous consent, Senate Rule 11.10(a) and Senate Rule 11.18(a) were suspended in order that the Committee on Administration might meet and consider the following bill and resolution today:
SB 220,iSJR 15.
GUESTS PRESENTED
Senator Zaffirini was recognized and introduced to the Senate Anna Claudia Notzon and Andrea Guarneros, serving today as Honorary Senate Pages.
The Senate welcomed Anna and Andrea.
RESOLUTIONS OF RECOGNITION
The following resolutions were adopted by the Senate:
Memorial Resolution
SR 35 by Fraser, In memory of Carolyn Bigby Northington of Meadowlakes and Marble Falls.
Congratulatory Resolutions
SR 30 by Ogden, Congratulating the football team of Calvert High School in Calvert for winning the six-man state championship.
SR 34 by Fraser, Commending Cody Benton Dearing of Abilene on achieving the rank of Eagle Scout.
SR 36 by Fraser, Commending David Meixell of Kingwood on achieving the rank of Eagle Scout.
SR 37 by Lindsay, Commending Charles Allen Perry, Jr., of Cypress on achieving the rank of Eagle Scout.
SR 38 by Lindsay, Commending Christopher Cody Peterson of Houston on achieving the rank of Eagle Scout.
SR 39 by Lindsay, Commending Justin Markel of Houston on achieving the rank of Eagle Scout.
SR 40 by Lindsay, Commending Melissa Markel of Houston on earning the Girl Scout Gold Award.
SR 41 by Lindsay, Commending David Markel of Houston on achieving the rank of Eagle Scout.
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SR 42 by Carona, Congratulating Rosemary Murray and Josh Ehlers on their wedding.
SR 43 by Zaffirini, Madla, VanideiPutte, and Wentworth, Congratulating Bob Richter on his assignment as press secretary to the Speaker of the House of Representatives.
SR 44 by Jackson, Congratulating Galveston-Texas City Pilot Jack H. Smith on his retirement.
HCR 26 (Fraser), Honoring soldiers from Fort Hood who are being deployed for Operation Enduring Freedom.
ADJOURNMENT
On motion of Senator Whitmire, the Senate at 1:35 p.m. adjourned until 10:00ia.m. tomorrow.
Wednesday, January 22, 2003 SENATE JOURNAL 57