SEVENTY-EIGHTH LEGISLATURE — REGULAR SESSION
AUSTIN, TEXAS
PROCEEDINGS
TWELFTH DAY
(Wednesday, February 5, 2003)
The Senate met at 11:00 a.m. pursuant to adjournment and was called to order by the President.
The roll was called and the following Senators were present:iiArmbrister, Averitt, Barrientos, Bivins, Brimer, Carona, Deuell, Duncan, Ellis, Estes, Gallegos, Harris, Jackson, Janek, Lindsay, Lucio, Madla, Nelson, Ogden, Ratliff, Shapiro, Shapleigh, Whitmire, Williams, Zaffirini.
Absent-excused:iiFraser, Hinojosa, Staples, VanideiPutte, Wentworth, West.
The President announced that a quorum of the Senate was present.
Rabbi Barry H. Block, Temple Beth-El, San Antonio, offered the invocation as follows:
To every thing there is a season, a time to every purpose under heaven. A time for despair: for weeks, even months, Senators struggled; so many needs, too few resources. A time to die: Saturday morning, our world stopped, last week's concerns suddenly supplanted. A time to mourn: yesterday, the Senate joined our state and our nation, America, Israel, and India, indeed all the world, in a gathering of grief; daily duties delayed. A time to work: healing is incomplete, but business and budget beckon; the Senate returns to order. A time to serve: even at an hour of tragedy, we preserve perspective on priorities; healing the sick, educating our children, protecting American freedom, the Senate's sacred calling. A time to speak out: delegates descend upon Austin, demonstrating democracy, lobbying legislators; women's well-being requires resources; Planned Parenthood saves lives; reproductive freedom is a cherished American liberty. To every thing there is a season, and a time to every purpose under heaven. As each of us directs ourselves differently toward the divine, may we search for the sacred in every time, in every season. Amen.
Senator Whitmire moved that the reading of the Journal of the proceedings of Monday, February 3, 2003, be dispensed with and the Journal be approved as printed.
The motion prevailed without objection.
LEAVES OF ABSENCE
On motion of Senator Whitmire, Senator Fraser was granted leave of absence for today on account of important business.
On motion of Senator Whitmire, Senator Hinojosa was granted leave of absence for today on account of important business.
On motion of Senator Janek, Senator Staples was granted leave of absence for today on account of important business.
On motion of Senator Gallegos, Senator VanideiPutte was granted leave of absence for today on account of important business in her district.
On motion of Senator Gallegos, Senator Wentworth was granted leave of absence for today on account of important business in his district.
On motion of Senator Whitmire, Senator West was granted leave of absence for today on account of important business.
CO-AUTHOR OF SENATE BILL 163
On motion of Senator Ellis, Senator Zaffirini will be shown as Co-author of SBi163.
CO-AUTHOR OF SENATE BILL 309
On motion of Senator Gallegos, Senator Zaffirini will be shown as Co-author of SBi309.
CO-AUTHORS OF SENATE BILL 310
On motion of Senator Fraser, Senators Bivins, Gallegos, Madla, and Shapiro will be shown as Co-authors of SBi310.
SENATE BILLS ON FIRST READING
The following bills were introduced, read first time, and referred to the committees indicated:
SB 15 by Madla, VanideiPutte, Wentworth, Zaffirini
Relating to the use of appropriations in the Smart Jobs Fund as business location incentives.
To Committee on Finance.
SB 231 by Ellis
Relating to establishing ethics and disclosure requirements for certain persons, including financial consultants and advisors, involved in the management or investment of state funds.
To Committee on Government Organization.
SB 232 by Janek
Relating to the purchase of goods and services by county purchasing agents.
To Committee on Intergovernmental Relations.
160 78th Legislature — Regular Session 12th Day
SB 233 by Fraser
Relating to the designation of a portion of State Highway 195 as the Phantom Warriors Highway.
To Committee on Infrastructure Development and Security.
SB 234 by Fraser
Relating to the authority of certain counties bordering Lake Buchanan to impose a hotel occupancy tax.
To Committee on Intergovernmental Relations.
SB 235 by Fraser
Relating to the contents of a receipt or other document issued for payment by credit card.
To Committee on Business and Commerce.
SB 236 by Fraser
Relating to exempting landowners from the requirement of obtaining a hunting license to hunt feral hogs on the landowners' property.
To Committee on Natural Resources.
SB 237 by Fraser
Relating to the regulation of drinking water at certain youth camps.
To Committee on Health and Human Services.
SB 238 by Fraser
Relating to decreasing the maximum amount of the administrative penalty for violations of the Texas Youth Camp Safety and Health Act.
To Committee on Health and Human Services.
SB 239 by Fraser
Relating to allowing youth camps to correct violations during inspections by the Texas Department of Health.
To Committee on Health and Human Services.
SB 240 by Averitt
Relating to the enrollment of certain children and recipients of medical assistance in group health benefit plans.
To Committee on State Affairs.
SB 241 by Shapleigh
Relating to the regulation of licensed vocational nurses.
To Committee on Health and Human Services.
SB 242 by Shapleigh
Relating to indoor air quality in public school buildings.
To Committee on Education.
SB 243 by Shapleigh
Relating to the regulation of mold assessors and remediators; providing civil and administrative penalties.
To Committee on Business and Commerce.
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SB 244 by West
Relating to the making of political contributions to or the acceptance of political contributions by the governor during the period in which the governor may veto a bill.
To Committee on State Affairs.
SB 245 by Zaffirini
Relating to the provision of respiratory therapy services under the medical assistance program.
To Committee on Health and Human Services.
SB 246 by Averitt
Relating to providing temporary community-based therapeutic foster care for certain children.
To Committee on Health and Human Services.
SB 247 by Zaffirini
Relating to a lifetime care task force for certain persons with disabilities.
To Committee on Health and Human Services.
SB 248 by Janek
Relating to the composition and functions of the Texas State Board of Medical Examiners.
To Committee on Health and Human Services.
SB 249 by Janek
Relating to the use of the Galveston-Port Bolivar ferry operated by the Texas Department of Transportation.
To Committee on Infrastructure Development and Security.
SB 250 by Barrientos
Relating to recognizing March as Texas History Month.
To Committee on State Affairs.
SB 251 by Lucio
Relating to a school district policy concerning the use of school counselors' work time.
To Committee on Education.
SB 252 by Staples
Relating to certain exemptions from the regulation of mortgage brokers.
To Committee on Business and Commerce.
SB 253 by Staples
Relating to applicability of the Texas Youth Camp Safety and Health Act to facilities or programs operated by or on the campus of an institution of higher education.
To Committee on Education.
SB 254 by Bivins, Wentworth
Relating to representation of a person for compensation before an executive state agency by a member of the legislature.
To Committee on State Affairs.
162 78th Legislature — Regular Session 12th Day
SB 255 by Averitt
Relating to compensatory time off for certain communications service employees of the Department of Public Safety.
To Committee on Government Organization.
SB 256 by Harris
Relating to contingent payment clauses in certain construction contracts.
To Committee on Business and Commerce.
SB 257 by West
Relating to accountability for public school dropouts and students at risk of dropping out of school.
To Committee on Education.
SB 258 by West
Relating to the tuition charged by institutions of higher education for high school students enrolled in college-level courses.
To Subcommittee on Higher Education.
SB 259 by West
Relating to the state textbook depository and distribution and handling of textbooks.
To Committee on Education.
SB 260 by Shapleigh
Relating to continuation and functions of the Texas Board of Professional Land Surveying.
To Committee on Government Organization.
SB 261 by Shapleigh
Relating to the continuation and functions of the Texas Council on Purchasing from People with Disabilities.
To Committee on Government Organization.
SB 262 by Carona
Relating to the continuation of the Texas Department on Aging.
To Committee on Government Organization.
SB 291 by West
Relating to remedies for unequal appraisal of property by an appraisal district.
To Committee on Finance.
SB 292 by Brimer
Relating to the regulation of athlete agents.
To Committee on Business and Commerce.
SB 293 by Shapiro
Relating to special license plates benefiting the Texas Urban Forestry Council.
To Committee on Infrastructure Development and Security.
Wednesday, February 5, 2003 SENATE JOURNAL 163
SB 294 by Lindsay
Relating to the authority of the Harris County Commissioners Court and the board of the Harris County Hospital District to take certain actions relating to ad valorem taxes imposed for the benefit of the Harris County Hospital District.
To Committee on Intergovernmental Relations.
SB 295 by Lindsay
Relating to limiting liability of emergency medical services personnel in certain situations.
To Committee on State Affairs.
SB 296 by Lindsay
Relating to the content of public school campus improvement plans.
To Committee on Education.
SB 297 by Janek
Relating to a firefighters' relief and retirement fund in certain municipalities.
To Committee on Intergovernmental Relations.
SB 298 by Shapleigh
Relating to application of the no-call list provisions to commercial mobile service providers and subscribers.
To Committee on Business and Commerce.
SB 299 by Shapleigh
Relating to certain privacy protections for consumer information included in the Texas no-call list.
To Committee on Business and Commerce.
SB 300 by Shapleigh
Relating to regulation of perpetual care cemeteries.
To Committee on Business and Commerce.
SB 301 by Madla
Relating to creating the position of Native American liaison.
To Committee on State Affairs.
SB 302 by Brimer
Relating to the collection of the costs of providing certain notice related to registered sex offenders.
To Committee on Criminal Justice.
SB 303 by Brimer
Relating to the regulation of industrialized housing and buildings by municipalities.
To Committee on Intergovernmental Relations.
SB 304 by Brimer
Relating to municipal officer and employee participation in state travel services contracts.
To Committee on Intergovernmental Relations.
164 78th Legislature — Regular Session 12th Day
SB 305 by Barrientos
Relating to specialized license plates and parking placards for vehicles of persons with disabilities.
To Committee on Infrastructure Development and Security.
SB 306 by Carona
Relating to the cremation of human remains; providing a penalty.
To Committee on Government Organization.
SB 307 by Gallegos
Relating to the composition of the Commission on Law Enforcement Officer Standards and Education.
To Committee on Criminal Justice.
SB 308 by Gallegos
Relating to the administration of a retirement system for officers and employees of certain municipalities.
To Committee on Intergovernmental Relations.
SB 309 by Gallegos
Relating to providing health care services without regard to a person's immigration status.
To Committee on International Relations and Trade.
MESSAGE FROM THE GOVERNOR
The following Message from the Governor was read and was referred to the Committee on Nominations:
Austin, Texas
January 31, 2003
TO THE SENATE OF THE SEVENTY-EIGHTH LEGISLATURE, REGULAR SESSION:
On January 20, 2003, I submitted the name of Thomas R. Rhudy of Rockwall for appointment to the Texas Board of Chiropractic Examiners for a term to expire February 1, 2007.
I hereby withdraw his nomination for this committee and request that the Senate return this appointment to me.
Respectfully submitted,
/s/Rick Perry
Governor
MESSAGE FROM THE GOVERNOR
The following Message from the Governor was read and was referred to the Committee on Nominations:
Wednesday, February 5, 2003 SENATE JOURNAL 165
Austin, Texas
February 3, 2003
TO THE SENATE OF THE SEVENTY-EIGHTH LEGISLATURE, REGULAR SESSION:
I ask the advice, consent and confirmation of the Senate with respect to the following appointment:
TO BE COMMISSIONER OF INSURANCE for a term to expire Februaryi1,i2005:
Jose O. Montemayor
10113 Wild Dunes Drive
Austin, Texas 78747
(Mr. Montemayor is being reappointed)
Respectfully submitted,
/s/Rick Perry
Governor
NOMINATION RETURNED
On motion of Senator Lindsay and by unanimous consent, the Senate agreed to grant the request of the Governor to return the following nomination:
Member, Texas Board of Chiropractic Examiners: Thomas R. Rhudy, Rockwall County.
MESSAGE FROM THE HOUSE
HOUSE CHAMBER
Austin, Texas
February 5, 2003
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 33, Recognizing Terrence Bunkley of Fort Worth for his selection as a finalist in the Discovery Channel Young Scientist Challenge.
HCR 35, Inviting the Governor to address a joint session of the legislature on Tuesday, February 11, 2003, at 11:30 a.m.
HCR 38, In memory of the crew of the space shuttle Columbia.
HCR 39, Honoring the Everman High School Bulldogs football team on their championship season.
166 78th Legislature — Regular Session 12th Day
SCR 2, Congratulating John Younger of Midland on being named Top Hand by the Permian Basin Petroleum Association.
Respectfully,
/s/Robert Haney, Chief Clerk
House of Representatives
PHYSICIAN OF THE DAY
Senator Jackson was recognized and presented Dr. Warren T. Longmire of Hitchcock as the Physician of the Day, accompanied by Joseph Hartman of Houston.
The Senate welcomed Dr. Longmire and thanked him for his participation in the Physician of the Day program sponsored by the Texas Academy of Family Physicians.
GUESTS PRESENTED
Senator Armbrister was recognized and introduced to the Senate Bill Jones, President and Chief Executive Officer of the Rosenberg-Richmond Area Chamber of Commerce, accompanied by a delegation from Leadership Fort Bend County.
The Senate welcomed its guests.
SENATE RESOLUTION 114
Senator Nelson offered the following resolution:
WHEREAS, The Senate of the State of Texas is pleased to join the American Heart Association, Texas Affiliate, in recognizing February, 2003, as American Heart Month; and
WHEREAS, The American Heart Association is a nonprofit health organization that is dedicated to the reduction of disability and death from heart disease and stroke; and
WHEREAS, Responsible for almost 40 percent of deaths in Texas, cardiovascular disease is the number-one cause of death in our state, claiming more than 55,000 lives each year; the number-three cause of death in Texas is strokes; and
WHEREAS, Lives can be saved through the use of automated external defibrillators, cardiopulmonary resuscitation, and emergency medical "pre-arrival" instruction; and
WHEREAS, During this school year, approximately 250,000 Texas high school students will be taught cardiopulmonary resuscitation through the combined efforts of the Texas Legislature and the American Heart Association; and
WHEREAS, Due to its many volunteers and contributors, the American Heart Association is able to continue its work in reducing the number of disabilities and deaths due to heart disease and stroke in this state; now, therefore, be it
RESOLVED, That the Senate of the State of Texas, 78th Legislature, hereby pay tribute to the American Heart Association, its volunteers, and its contributors and recognize February of 2003 as American Heart Month; and, be it further
RESOLVED, That a copy of this Resolution be prepared for the American Heart Association, Texas Affiliate, as an expression of high regard from the Texas Senate.
The resolution was read and was adopted without objection.
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GUESTS PRESENTED
Senator Nelson was recognized and introduced to the Senate a delegation of representatives from the American Heart Association.
The Senate welcomed its guests.
RESOLUTIONS SIGNED
The President announced the signing of the following enrolled resolutions in the presence of the Senate: HCRi31, HCRi32.
GUEST PRESENTED
Senator Barrientos was recognized and introduced to the Senate Darrell K Royal, former coach of The University of Texas Longhorns.
The Senate welcomed its guest.
GUESTS PRESENTED
Senator Nelson was recognized and introduced to the Senate a delegation of teachers, administrators, and parents from the Grapevine-Colleyville Independent School District.
The Senate welcomed its guests.
RESOLUTIONS OF RECOGNITION
The following resolutions were adopted by the Senate:
Memorial Resolution
SR 101 by Ellis, In memory of the Reverend Dr. Preston Ervin, Sr., of Houston.
Congratulatory Resolutions
SR 99 by Staples, Commending Nancy Muse Taylor of Palestine for her service to her community.
SR 100 by Ellis, Commending Adrienne K. McFarland for her service to state government.
SR 102 by Ellis, Commending Cecile Collins Knight of San Antonio for her contributions to the educational system of Texas.
SR 103 by Ellis, Recognizing William-Paul Dunbar Thomas for his contributions to the Texas Senate and the citizens of Texas.
SR 107 by Lucio, Commending Ernesto F. DeLeon for his accomplishments.
SR 108 by Lucio, Congratulating Guillermo Tijerina of Brownsville on his 100th birthday.
SR 109 by Lucio, Congratulating Bacilia Escobar Cavazos of Brownsville on her 100th birthday.
SR 110 by Janek, Commending the Leukemia and Lymphoma Society.
SR 111 by Janek, Commending Bridge City Volunteer Fire and Rescue for providing reliable firefighting and emergency services.
168 78th Legislature — Regular Session 12th Day
SR 112 by Ellis, Commending Antonio Riley of Wisconsin and extending best wishes.
SR 113 by Ellis, Congratulating First Union Christian Fellowship in Humble and extending best wishes.
ADJOURNMENT
On motion of Senator Whitmire, the Senate at 11:36 a.m. adjourned until 10:00ia.m. tomorrow.
AAAPPENDIXAA
SIGNED BY GOVERNOR
February 5, 2003
SCR 4
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