SEVENTY-EIGHTH LEGISLATURE — REGULAR SESSION
AUSTIN, TEXAS
PROCEEDINGS
THIRTY-SECOND DAY
(Wednesday, March 12, 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, Fraser, Gallegos, Harris, Hinojosa, Jackson, Janek, Lindsay, Lucio, Nelson, Ogden, Ratliff, Shapiro, Shapleigh, Staples, VanideiPutte, Wentworth, West, Whitmire, Williams, Zaffirini.
Absent-excused:iiMadla.
The President announced that a quorum of the Senate was present.
The Reverend D. Scott McIntosh, Westoak Woods Baptist Church, Austin, offered the invocation as follows:
Lord, help these men and women to be salt in a world that sometimes tramples on salty roads. Help them to be light in a world that sometimes prefers the darkness of corners and back streets. Help them to fulfill Your great law while others are bending it and twisting it to suit their own cases. Help them to offer gifts to those that are even now on their way to prosecute and persecute them. Help them to cut out of their lives any part of themselves that is given over to that which is less than they deserve. Help them, as Texans, to stand by their word even when doing so means a reduction in notoriety or privilege. Help them to turn the other cheek while the sting is still sharp and offer the other without thought of recrimination. Help them to love those who cannot stand their sight, that they may truly be an example of You and Your mercy. As the Scottish psalter says, readingi121:
I to the hills will lift mine eyes, from whence doth come mine aid.
My safety cometh from the Lord, who heav'n and earth hath made.
Thy foot he'll not let slide, nor will he slumber that thee keeps.
Behold, he that keeps his people, he slumbers not, nor sleeps.
The Lord thee keeps, the Lord thy shade on thy right hand doth stay:
The moon by night thee shall not smite, nor yet the sun by day.
The Lord shall keep thy soul; he shall preserve thee from all ill.
Henceforth thy going out and in, God keep forever will.
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.
LEAVE OF ABSENCE
On motion of Senator Lucio, Senator Madla was granted leave of absence for today on account of illness.
CO-AUTHOR OF SENATE BILL 91
On motion of Senator West, Senator Lucio will be shown as Co-author of SBi91.
CO-AUTHOR OF SENATE BILL 435
On motion of Senator Carona, Senator VanideiPutte will be shown as Co-author of SBi435.
CO-AUTHOR OF SENATE BILL 799
On motion of Senator Jackson, Senator West will be shown as Co-author of SBi799.
CO-AUTHOR OF SENATE BILL 835
On motion of Senator Williams, Senator Carona will be shown as Co-author of SBi835.
CO-AUTHOR OF SENATE BILL 908
On motion of Senator Lindsay, Senator Janek will be shown as Co-author of SBi908.
CO-AUTHOR OF SENATE BILL 932
On motion of Senator Shapiro, Senator Carona will be shown as Co-author of SBi932.
CO-AUTHORS OF SENATE BILL 1220
On motion of Senator Harris, Senators Armbrister and Ogden will be shown as Co-authors of SBi1220.
MESSAGE FROM THE HOUSE
HOUSE CHAMBER
Austin, Texas
March 12, 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:
488 78th Legislature — Regular Session 32nd Day
THE HOUSE HAS PASSED THE FOLLOWING MEASURES:
HCR 24, In memory of John Ray Harrison, Sr., of Pasadena.
HCR 87, Congratulating James Allan Smith on his retirement as superintendent of the Robinson Independent School District.
Respectfully,
/s/Robert Haney, Chief Clerk
House of Representatives
PHYSICIAN OF THE DAY
Senator Wentworth was recognized and presented Dr. Kenneth Hudspeth of Wimberley as the Physician of the Day.
The Senate welcomed Dr. Hudspeth and thanked him for his participation in the Physician of the Day program sponsored by the Texas Academy of Family Physicians.
SENATE RESOLUTION 337
Senator Gallegos offered the following resolution:
WHEREAS, The Senate of the State of Texas is pleased to recognize Ramiro V. Ramón for his outstanding contributions to his community; and
WHEREAS, Ramiro V. Ramón is a dedicated volunteer who served for over 20 years as a baseball coach and manager for both the Little League and the Babe Ruth League; and
WHEREAS, A highly respected community leader, Ramiro generously devotes time and energy to civic affairs; he has served as a member of the Middle Rio Grande Development Council, and has served for five years on the Val Verde Regional Medical Center District's board; he is now serving his third year as the board's president; and
WHEREAS, He was precinct chair for the Democratic Party for eight years and is a former member of the San Felipe Lions Club, the Knights of Columbus, the Saint Vincent de Paul Society, and the American Heart Association; he has served as president of the local Parent-Teacher Association; and
WHEREAS, Ramiro continues to work for the betterment of his community in his new role as the new Precinct 1 County Commissioner with the Val Verde County Commissioners Court; and
WHEREAS, A dedicated family man, Ramiro Ramón has been married for 26 years to his lovely wife, Sonia Cantú Ramón, and he has been a devoted father to his three children, Marisol, Isaac, and Sara; and
WHEREAS, An exemplary citizen, Ramiro is a source of strength to others, and his notable accomplishments reflect his dedication and his deep-seated commitment to helping his fellowman; now, therefore, be it
RESOLVED, That the Senate of the State of Texas, 78th Legislature, hereby commend Ramiro V. Ramón on his exceptional work on behalf of others and his many achievements and extend best wishes to him for the future; and, be it further
RESOLVED, That a copy of this Resolution be prepared for him as an expression of esteem from the Texas Senate.
The resolution was read and was adopted without objection.
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GUESTS PRESENTED
Senator Gallegos was recognized and introduced to the Senate Val Verde County Commissioner Ramiro V. Ramón, accompanied by his wife, Sonia, and his daughters, Sara Ramón and Marisol Ramón.
The Senate welcomed its guests.
GUESTS PRESENTED
Senator Armbrister was recognized and introduced to the Senate a delegation of independent electrical contractors.
The Senate welcomed its guests.
SESSION TO CONSIDER EXECUTIVE APPOINTMENTS
The President announced the time had arrived to consider executive appointments to agencies, boards, and commissions.iiNotice of submission of these names for consideration was given yesterday by Senator Lindsay.
Senator Lindsay moved confirmation of the nominees reported yesterday by the Committee on Nominations.
The President asked if there were requests to sever nominees.
There were no requests offered.
NOMINEES CONFIRMED
The following nominees, as reported by the Committee on Nominations, were confirmed by the following vote:iiYeasi30, Naysi0.
Absent-excused:iiMadla.
Commissioner of Health and Human Services:iiAlbert Hawkins III, Travis County.
Justice, Court of Appeals, Fifth Court of Appeals District:iiDouglas S. Lang, Dallas County.
Judge, 346th Judicial District Court, El Paso County:iiRichard Abram Roman, El PasoiCounty.
Members, Texas Board of Human Services:iiAbigail Rios Barrera, M.D., Bexar County; Jerry Kane, Nueces County.
Members, Department of Information Resources Governing Board:iiLance K. Bruun, Nueces County; Larry Robert Leibrock, Travis County; Mourice Adam Mahmood, Ph.D., El Paso County; Cliff Mountain, Travis County; William L. Transier, Harris County.
Members, Texas State Board of Examiners of Psychologists:iiPauline Amos Clansy, Ed.D., Harris County; Catherine Bernell Estrada, Dallas County; Arthur E. Hernandez, Ph.D., Bexar County; Michael D. "Mike" Nogueira, Gillespie County; Jess Ann Thomason, Midland County.
Members, Texas Youth Commission Governing Board:iiPete C. Alfaro, Harris County; Stephen Kurt Fryar, Brown County; Patsy Lou Reed Guest, Dallas County.
490 78th Legislature — Regular Session 32nd Day
Members, Texas State Board of Pharmacy:iiJuluette F. Bartlett-Pack, Ph.D., Harris County; Woodrow Michael Brimberry, Williamson County; Doyle High, Haskell County.
State's Commissioner, Interstate Commission for Adult Offender Supervision:iiKatherine B. Winckler, Harris County.
Members, Texas Statewide Emergency Services Personnel Retirement Fund State Board of Trustees:iiPowell Blevins Choate, Jr., Palo Pinto County; Paul V. Loeffler, Brewster County; Maxie L. Patterson, Harris County.
Members, Statewide Health Coordinating Council:iiElva Concha LeBlanc, Galveston County; Jimmie Lee Mason, Lubbock County; Patricia L. Starck, D.S.N., Fort Bend County; David A. Valdez, M.D., Bexar County.
Members, Texas State Board of Podiatric Medical Examiners:iiCarol Lee Roberts Baker, Harris County; Donald Matthew Lynch, D.P.M., Bell County; BruceiA. Scudday, D.P.M., El Paso County.
Members, Texas State Board of Social Worker Examiners:iiHolly L. Anawaty, Harris County; Willie McGee, Jr., Hale County; Julia Ann Stokes, Tarrant County.
Members, Board of Vocational Nurse Examiners:iiJoyce M. Adams, Harris County; Gilberto Aguirre, M.D., Bexar County; Richard Robert Gibbs, Dallas County; Thomas Franklin Kennedy, Nolan County; Malinda Miller, Tarrant County; Frank D. Sandoval, Jr., Bexar County; Susan K. Tripplehorn, Gray County.
Members, TexasOnline Authority:iiCharles Edward Bacarisse, Harris County; Roger J. Benavides, Bexar County; Frank G. Elder, Jr., Bexar County; Ross Fischer, Kendall County; Alex John Gonzalez, Pecos County; Victor M. Gonzalez, Jr., Travis County; Charles J. Henry, Ph.D., Harris County; Aurora F. LeBrun, Hays County; John Ryan Miri, Travis County; Pamela K. Quinn, Dallas County; Thomas J. Ruiz, El Paso County; Gary Lee Thompson, Travis County; Lee H. Zieben, Harris County.
Members, Private Sector Prison Industries Oversight Authority:iiPatricia V. Mares Asip, Collin County; Burnis Brazil, Fort Bend County; William B. Brod, Hood County; Kathy C. Flanagan, M.D., Harris County; Jeffrey R. LaBroski, Fort Bend County.
GUESTS PRESENTED
Senator Staples was recognized and introduced to the Senate Eric Atkinson of Lufkin, owner of the Atkinson Candy Company, accompanied by his family.
The Senate welcomed its guests.
GUESTS PRESENTED
Senator West was recognized and introduced to the Senate a delegation of students from Mountain View College in Dallas.
The Senate welcomed its guests.
CONCLUSION OF MORNING CALL
The President at 11:20 a.m. announced the conclusion of morning call.
Wednesday, March 12, 2003 SENATE JOURNAL 491
SENATE BILL 94 ON SECOND READING
Senator West moved that Senate Rule 7.13; Section 5, Article III, of the Texas Constitution; and the regular order of business be suspended and that SBi94 be taken up for consideration at this time:
SB 94, Relating to the issuance of a temporary driving permit.
The motion prevailed by the following vote:iiYeasi28, Naysi2.
Yeas:iiArmbrister, Averitt, Barrientos, Bivins, Brimer, Carona, Deuell, Duncan, Ellis, Estes, Fraser, Gallegos, Harris, Hinojosa, Jackson, Lindsay, Lucio, Nelson, Ogden, Ratliff, Shapiro, Shapleigh, Staples, VanideiPutte, West, Whitmire, Williams, Zaffirini.
Nays:iiJanek, Wentworth.
Absent-excused:iiMadla.
The bill was read second time and was passed to engrossment by a viva voce vote.
SENATE BILL 94 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 SBi94 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi27, Naysi3.
Yeas:iiArmbrister, Averitt, Barrientos, Bivins, Brimer, Carona, Deuell, Duncan, Ellis, Estes, Fraser, Gallegos, Harris, Hinojosa, Jackson, Lindsay, Lucio, Nelson, Ogden, Shapiro, Shapleigh, Staples, VanideiPutte, West, Whitmire, Williams, Zaffirini.
Nays:iiJanek, Ratliff, Wentworth.
Absent-excused:iiMadla.
The bill was read third time and was passed by a viva voce vote.
SENATE CONCURRENT RESOLUTION 6
ON SECOND READING
Senator Averitt moved that Senate Rule 7.13; Section 5, Article III of the Texas Constitution; and the regular order of business be suspended and that SCRi6 be taken up for consideration at this time:
SCR 6, Memoralizing Congress to amend the Internal Revenue Code of 1986 to provide that the volume cap for private activity bonds not apply to bonds for water and wastewater facilities.
The motion prevailed by the following vote:iiYeasi28, Naysi2.
Yeas:iiArmbrister, Averitt, Barrientos, Bivins, Brimer, Carona, Deuell, Duncan, Ellis, Estes, Fraser, Gallegos, Harris, Hinojosa, Jackson, Lindsay, Lucio, Nelson, Ogden, Ratliff, Shapiro, Shapleigh, Staples, VanideiPutte, West, Whitmire, Williams, Zaffirini.
492 78th Legislature — Regular Session 32nd Day
Nays:iiJanek, Wentworth.
Absent-excused:iiMadla.
The resolution was read second time and was adopted by a viva voce vote.
SENATE BILL 40 ON SECOND READING
Senator Zaffirini moved that Senate Rule 7.13; Section 5, Article III, of the Texas Constitution; and the regular order of business be suspended and that SBi40 be taken up for consideration at this time:
SB 40, Relating to an immunization education program established by the Texas Department of Health.
The motion prevailed by the following vote:iiYeasi28, Naysi2.
Yeas:iiArmbrister, Averitt, Barrientos, Bivins, Brimer, Carona, Deuell, Duncan, Ellis, Estes, Fraser, Gallegos, Harris, Hinojosa, Jackson, Lindsay, Lucio, Nelson, Ogden, Ratliff, Shapiro, Shapleigh, Staples, VanideiPutte, West, Whitmire, Williams, Zaffirini.
Nays:iiJanek, Wentworth.
Absent-excused:iiMadla.
The bill was read second time and was passed to engrossment by a viva voce vote.
SENATE BILL 40 ON THIRD READING
Senator Zaffirini moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SBi40 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi27, Naysi3.
Yeas:iiArmbrister, Averitt, Barrientos, Bivins, Brimer, Carona, Deuell, Duncan, Ellis, Estes, Fraser, Gallegos, Harris, Hinojosa, Jackson, Lindsay, Lucio, Nelson, Ogden, Shapiro, Shapleigh, Staples, VanideiPutte, West, Whitmire, Williams, Zaffirini.
Nays:iiJanek, Ratliff, Wentworth.
Absent-excused:iiMadla.
The bill was read third time and was passed by a viva voce vote.
COMMITTEE SUBSTITUTE
SENATE BILL 211 ON SECOND READING
Senator Carona moved that Senate Rule 7.13; Section 5, Article III, of the Texas Constitution; and the regular order of business be suspended and that CSSBi211 be taken up for consideration at this time:
CSSB 211, Relating to the licensing and regulation of chiropractors.
The motion prevailed by the following vote:iiYeasi28, Naysi2.
Wednesday, March 12, 2003 SENATE JOURNAL 493
Yeas:iiArmbrister, Averitt, Barrientos, Bivins, Brimer, Carona, Deuell, Duncan, Ellis, Estes, Fraser, Gallegos, Harris, Hinojosa, Jackson, Lindsay, Lucio, Nelson, Ogden, Ratliff, Shapiro, Shapleigh, Staples, VanideiPutte, West, Whitmire, Williams, Zaffirini.
Nays:iiJanek, Wentworth.
Absent-excused:iiMadla.
The bill was read second time and was passed to engrossment by a viva voce vote.
COMMITTEE SUBSTITUTE
SENATE BILL 346 ON SECOND READING
Senator Ogden moved that Senate Rule 7.13; Section 5, Article III, of the Texas Constitution; and the regular order of business be suspended and that CSSBi346 be taken up for consideration at this time:
CSSB 346, Relating to an optional flexible year program for public school students who fail to perform satisfactorily on an assessment instrument or who would not otherwise be promoted.
The motion prevailed by the following vote:iiYeasi28, Naysi2.
Yeas:iiArmbrister, Averitt, Barrientos, Bivins, Brimer, Carona, Deuell, Duncan, Ellis, Estes, Fraser, Gallegos, Harris, Hinojosa, Jackson, Lindsay, Lucio, Nelson, Ogden, Ratliff, Shapiro, Shapleigh, Staples, VanideiPutte, West, Whitmire, Williams, Zaffirini.
Nays:iiJanek, Wentworth.
Absent-excused:iiMadla.
The bill was read second time and was passed to engrossment by a viva voce vote.
COMMITTEE SUBSTITUTE
SENATE BILL 346 ON THIRD READING
Senator Ogden moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi346 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi27, Naysi3.
Yeas:iiArmbrister, Averitt, Barrientos, Bivins, Brimer, Carona, Deuell, Duncan, Ellis, Estes, Fraser, Gallegos, Harris, Hinojosa, Jackson, Lindsay, Lucio, Nelson, Ogden, Shapiro, Shapleigh, Staples, VanideiPutte, West, Whitmire, Williams, Zaffirini.
Nays:iiJanek, Ratliff, Wentworth.
Absent-excused:iiMadla.
The bill was read third time and was passed by the following vote:iiYeasi30, Naysi0.
Absent-excused:iiMadla.
494 78th Legislature — Regular Session 32nd Day
SENATE BILL 258 ON SECOND READING
Senator West moved that Senate Rule 7.13; Section 5, Article III, of the Texas Constitution; and the regular order of business be suspended and that SBi258 be taken up for consideration at this time:
SB 258, Relating to the tuition charged by institutions of higher education for high school students enrolled in college-level courses.
The motion prevailed by the following vote:iiYeasi28, Naysi2.
Yeas:iiArmbrister, Averitt, Barrientos, Bivins, Brimer, Carona, Deuell, Duncan, Ellis, Estes, Fraser, Gallegos, Harris, Hinojosa, Jackson, Lindsay, Lucio, Nelson, Ogden, Ratliff, Shapiro, Shapleigh, Staples, VanideiPutte, West, Whitmire, Williams, Zaffirini.
Nays:iiJanek, Wentworth.
Absent-excused:iiMadla.
The bill was read second time and was passed to engrossment by a viva voce vote.
SENATE BILL 258 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 SBi258 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi27, Naysi3.
Yeas:iiArmbrister, Averitt, Barrientos, Bivins, Brimer, Carona, Deuell, Duncan, Ellis, Estes, Fraser, Gallegos, Harris, Hinojosa, Jackson, Lindsay, Lucio, Nelson, Ogden, Shapiro, Shapleigh, Staples, VanideiPutte, West, Whitmire, Williams, Zaffirini.
Nays:iiJanek, Ratliff, Wentworth.
Absent-excused:iiMadla.
The bill was read third time and was passed by the following vote:iiYeasi30, Naysi0.
Absent-excused:iiMadla.
COMMITTEE SUBSTITUTE
SENATE BILL 578 ON SECOND READING
Senator Shapiro moved that Senate Rule 7.13; Section 5, Article III, of the Texas Constitution; and the regular order of business be suspended and that CSSBi578 be taken up for consideration at this time:
CSSB 578, Relating to awards granted under the Texas Advanced Placement Incentive Program.
The motion prevailed by the following vote:iiYeasi28, Naysi2.
Wednesday, March 12, 2003 SENATE JOURNAL 495
Yeas:iiArmbrister, Averitt, Barrientos, Bivins, Brimer, Carona, Deuell, Duncan, Ellis, Estes, Fraser, Gallegos, Harris, Hinojosa, Jackson, Lindsay, Lucio, Nelson, Ogden, Ratliff, Shapiro, Shapleigh, Staples, VanideiPutte, West, Whitmire, Williams, Zaffirini.
Nays:iiJanek, Wentworth.
Absent-excused:iiMadla.
The bill was read second time and was passed to engrossment by a viva voce vote.
COMMITTEE SUBSTITUTE
SENATE BILL 578 ON THIRD READING
Senator Shapiro moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi578 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi27, Naysi3.
Yeas:iiArmbrister, Averitt, Barrientos, Bivins, Brimer, Carona, Deuell, Duncan, Ellis, Estes, Fraser, Gallegos, Harris, Hinojosa, Jackson, Lindsay, Lucio, Nelson, Ogden, Shapiro, Shapleigh, Staples, VanideiPutte, West, Whitmire, Williams, Zaffirini.
Nays:iiJanek, Ratliff, Wentworth.
Absent-excused:iiMadla.
The bill was read third time and was passed by the following vote:iiYeasi30, Naysi0.
Absent-excused:iiMadla.
SENATE RULE 11.13 SUSPENDED
(Consideration of Bills in Committees)
On motion of Senator Whitmire and by unanimous consent, Senate Rule 11.13 was suspended to grant all committees permission to meet while the Senate is meeting tomorrow.
NOTICE GIVEN FOR
LOCAL AND UNCONTESTED CALENDAR
Senator Harris 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 8:00ia.m. tomorrow and that all bills and resolutions would be considered on second and third reading in the order in which they were listed.
MOTION TO ADJOURN
On motion of Senator Whitmire and by unanimous consent, the Senate at 12:10ip.m. agreed to adjourn, upon conclusion of the Local and Uncontested Calendar Session, until 10:00 a.m. tomorrow.
496 78th Legislature — Regular Session 32nd Day
RESOLUTIONS OF RECOGNITION
The following resolutions were adopted by the Senate:
Memorial Resolution
SR 355 by Wentworth, In memory of Homer Alden Wright of Hopewell, Virginia.
Congratulatory Resolutions
SR 350 by Lindsay, Congratulating Christopher William Johnson of Spring for achieving the rank of Eagle Scout.
SR 351 by Carona, Honoring Alan Walne of Dallas for his civic contributions.
SR 352 by Bivins and Staples, Congratulating Joe B. and Margaret Taylor of Longview on their 50th wedding anniversary.
SR 353 by Staples, Honoring Atkinson Candy Company in Lufkin for their contributions to East Texas.
SR 354 by Deuell, Congratulating Ann Stewart of Forney on the dedication of her new home.
RECESS
On motion of Senator Whitmire, the Senate at 12:10 a.m. recessed until 8:00 a.m. tomorrow for the Local and Uncontested Calendar Session.
AAAPPENDIXAA
COMMITTEE REPORTS
The following committee reports were received by the Secretary of the Senate in the order listed:
March 12, 2003
STATE AFFAIRSi—iCSSB 597, CSSB 349, CSSB 494
BUSINESS AND COMMERCEi—iCSSB 417, SJR 22
SIGNED BY GOVERNOR
February 25, 2003
SB 310
February 28, 2003
SCR 15, SCR 16
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