SENATE JOURNAL

SEVENTY-EIGHTH LEGISLATURE — REGULAR SESSION

AUSTIN, TEXAS

PROCEEDINGS

FORTIETH DAY

(Wednesday, March 26, 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, Harris, Hinojosa, Jackson, Janek, Lindsay, Lucio, Madla, Nelson, Ogden, Ratliff, Shapiro, Shapleigh, Staples, VanideiPutte, Wentworth, West, Whitmire, Williams, Zaffirini.

Absent-excused:iiGallegos.

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

Chaplain Mark T. Holmes, WilsoniN. Jones Medical Center, Sherman, offered the invocation as follows:

O God of mercy and God of grace, we begin this day turning to You for guidance, protection, and care. May Your watchful eye safeguard our soldiers who risk their lives for the cause of justice and freedom. We pray in the words of the prophet Amos, "Let justice roll on like a river, righteousness like a never-failing stream." We are acutely aware of our soldiers from Texas who are among some of the first to have died in this war and others, such as David Williams, Ronald Young, Edgar Hernandez, Shoshana Johnson, and Joseph Hudson, who are now held captive as prisoners of war. May these patriots and their families sense the support of Americans who this day pray for their welfare and safe return. We pray for leadership of our country and the leadership of our state. As these leaders attempt to solve a multitude of needs, may they be reminded to maintain a perspective that invites Your wisdom and Your help. We are mindful of the needs of the sick and those who dedicate their lives to treating and caring for the sick. We pray for this legislature, that they may find solutions that will result in the best opportunity for the sick to be healed, the crippled to walk, and the blind to see. You, O God, alone are our refuge and strength, therefore we do not fear what lies ahead but place our trust in You. And so it is with confidence that we pray this prayer in the name of a God who can infinitely do more than our minds or hearts can ever imagine or comprehend. 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 Whitmire, Senator Gallegos was granted leave of absence for today on account of illness in the family.

REMARKS ORDERED PRINTED

On motion of Senator Harris and by unanimous consent, the remarks by Senators Hinojosa, Lucio, Shapleigh, and Fraser regarding Texan prisoners of war were ordered reduced to writing and printed in the Senate Journal as follows:

Senator Hinojosa:iiThank you Mr. President. Members, I echo the prayer said today in our chamber. Again our country is facing war. We sent our troops overseas to fight and protect our way of life and our families. But there are sacrifices made, and one of those who's been captured and being held as POW is Specialist, Army, Edgar Hernandez, who graduated from Mission High School, my home town. He comes from one of the poorest areas of Hidalgo County, Alton. I will tell you that as we work through the day we may not forget those of us from our families who are in Iraq fighting for our country. We will not forget the sacrifices they are making on our behalf. We will not forget their families who are now worrying day and night for the safety of their sons and daughters who are in Iraq. So I ask again to please as we enjoy our freedom, to remember those who are fighting for our country in Iraq.

Senator Lucio:iiThank you Mr. President. Thank you Senator Hinojosa. I, too, certainly appreciate today's prayer, and it's a prayer I think we should be saying every day. I join Senator Hinojosa with a heavy heart for this great soldier from the Rio Grande Valley who is braving unthinkable circumstances in honor of his country, the United States of America. My heart is also with his family who's taken to wake up every morning wondering what Army Support Specialist Edgar Hernandez is undergoing in defense of this land and what his future holds for him. At the same time I join his family in the pride they must feel for their son, a young 21-year-old, who chose to serve his country. The news reported today that his mother wants Edgar to be strong, to trust in God, to support the other POWs that are with him. Her teachings are a model for every American to follow, and for us here in the Legislature, especially, to follow. I now join Edgar, his family, and Senator Hinojosa in honoring the valor of this young man and asking everyone here to remember him in your thoughts and in your prayers as you go about your day. We must also remember there are thousands of men and women from our great country serving with distinction, and that they, too, need our prayers, and that we should go about our day understanding that we are free because of the men and women like them in our country that have come before them. And I think Senator Harris and myself, in speaking about this issue, relate to our fathers, disabled American veterans, veterans of foreign wars, that have done so much to teach us the true meaning of Americanism and patriotism. We should follow their model. Thank you Mr. President.

706 78th Legislature — Regular Session 40th Day

Senator Shapleigh:iiThank you Mr. President. Members, I rise to brief you and share with you the story of the 507th Maintenance Company and particularly one El Pasoan in that company. The 507th is a maintenance unit attached to the Patriot Missile program out at Fort Bliss. These soldiers were trained to support units that would go, and these missiles shoot other missiles out of the sky. Typically they're deployed far from the front. One of these units of 12 individuals took a wrong turn in southern Iraq and ended up cornered with, it looks like, two to five killed, perhaps brutally, and there are prisoners, two of which are from El Paso, Texas. I'd like to visit with you about Shoshana Johnson, grew up in El Paso, 31 years of age, has a child two years old, joined the Army. Her goal was to be a chef, that was what she wanted to learn while she was in the military. Long tradition of military in El Paso, Texas. Her father, 20 year veteran, had been in the Gulf War. In El Paso, Texas, now retired, he was sitting on a couch on a Saturday morning with his granddaughter, Shoshana's daughter, watching television, surfing the channels to try and find some cartoons to watch with his granddaughter, when he came across a Telemundo videotape that had a picture of his daughter as a captive in Iraq. And he knew immediately that she had been one of the ones that was in the 507th, this was long before Fort Bliss came to share that news with him. Her sister, who lives in Virginia, immediately came down to spend that time with her parents, and her sister described Shoshana and what she wanted to do with her life. She just wanted to be a success, and she wanted to make sure that her daughter had a good living, a good education, and could grow up in this country. Her message, she's now a captain in the military, Shoshana's sister, to her older sister as she saw her on TV was to stay strong and keep your dignity. You know, as we look at these American prisoners who are now captive in Iraq and wonder what is happening in their lives, I think it makes us reflect on what is happening on this side. This freedom that we have in this country is precious, and these folks who are risking their lives, now captives in a foreign country under what could very well be brutal conditions, are paying the price for us to be on this floor exercising the great democracy and principles that we have in this country. We have generations of those folks in military communities around the state, Senator Fraser, in Fort Hood. El Paso has a 150 year military tradition, this particular family, three generations in the United States Army. And I think as we go about our duty, trying to pass bills, negotiating with each other, Senator Ogden, talking about health and human service issues, what we forget is this basic freedom that we have that others have lost their lives guaranteeing. And here is Shoshana Johnson, who probably never thought she'd be in battle, much less a captive, paying that price. I think it's appropriate that we in the Senate floor give some time just to reflect on the price of freedom. Thank you Mr. President.

Senator Fraser:iiMembers, if you would allow me, also, to add, as you turn your television sets on and you watch the activity, be aware of the fact that at Fort Hood we have a strength of 44,000 young men and women that are stationed there; 30,000 of those now have been deployed. Those people you see on television, a lot of them are Texas residents that are there. Two of the prisoners of war, the two guys that were shot down in the helicopter, Ronald Young and David Williams, both are from Fort Hood; they are both Texas residents. They are originally from Florida, but they live now at Fort Hood. So keep in mind that the bulk of the people that you see there

Wednesday, March 26, 2003 SENATE JOURNAL 707

on television are people that make their home, and their spouses and their children are continuing to wait, here to watch their safe return. And I would join these three Senators in concern for the people. Those are my constituents and I feel for their families every day.

CO-AUTHOR OF SENATE BILL 990

On motion of Senator Armbrister, Senator Carona will be shown as Co-author of SBi990.

CO-AUTHOR OF SENATE BILL 1060

On motion of Senator Ellis, Senator Hinojosa will be shown as Co-author of SBi1060.

CO-AUTHOR OF SENATE BILL 1176

On motion of Senator Harris, Senator Armbrister will be shown as Co-author of SBi1176.

CO-AUTHOR OF SENATE BILL 1220

On motion of Senator Harris, Senator Madla will be shown as Co-author of SBi1220.

INTRODUCTION OF
BILLS AND RESOLUTIONS POSTPONED

The President announced that the introduction of bills and resolutions on first reading would be postponed until the end of today's session.

RESOLUTION SIGNED

The President announced the signing of the following enrolled resolution in the presence of the Senate:iiHCR 109.

PERMISSION TO INTRODUCE BILLS

Senator Whitmire moved to suspend Senate Rule 7.07(b) and Section 5, ArticleiIII, of the Texas Constitution to permit the introduction of the following bills:

SB 1879, SB 1880, SB 1881.

The motion prevailed by the following vote:iiYeasi30, Naysi0.

Absent-excused:iiGallegos.

PHYSICIAN OF THE DAY

Senator Fraser was recognized and presented Dr. Ernesto Malave of Lampasas as the Physician of the Day.

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

708 78th Legislature — Regular Session 40th Day

(Senator Duncan in Chair)

SESSION TO CONSIDER EXECUTIVE APPOINTMENTS

The Presiding Officer 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 by the Committee on Nominations.

The Presiding Officer 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:iiGallegos.

Members, Texas Higher Education Coordinating Board:iiNeal W. Adams, Tarrant County; Jerry Farrington, Dallas County; Lorraine Perryman, Ector County; Curtis E. Ransom, Dallas County; Windy M. Sitton, Lubbock County.

Members, The University of Texas System Board of Regents:iiHubbard Scott Caven, Jr., Harris County; Robert A. Estrada, Dallas County; James Huffines, Travis County.

Members, Midwestern State University Board of Regents:iiPatricia Ann Haywood, Wichita County; Don Ross Malone, Wilbarger County.

Members, Texas State Technical College System Board of Regents:iiC.i"Connie" deilaiGarza, Cameron County; Don H. Elliott, Wharton County; Michael Franklin Northcutt, Sr., Harrison County; Jerilyn Kyker "Jeri" Pfeifer, Ed.D., Taylor County; BarbaraiN. Rusling, McLennan County.

Members, University of Houston System Board of Regents:iiMichael John Cemo, Harris County; Raul A. Gonzalez, Travis County; Leroy L. Hermes, Harris County.

Members, Texas State University System Board of Regents:iiKent M. Adams, Jefferson County; Alan William Dreeben, Bexar County; Pollyanna Allison Stephens, Tom Green County.

Members, Texas Woman's University Board of Regents:iiHarry L. CrumpackeriII, Collin County; Kenneth L. Ingram, Denton County; Tegwin Ann Pulley, Dallas County.

Members, Texas Commission on the Arts:iiW. C. "Abby" Abernathy, Jr., Archer County; Alphonse A. Dotson, McCulloch County; Victoria Hodge Lightman, Harris County; Loren Ormond McKibbens, Cameron County; Maria E. "Kenna" Ramirez, EliPaso County; Mildred Knape Witte, Smith County.

Wednesday, March 26, 2003 SENATE JOURNAL 709

Members, Texas School Safety Center Board of Directors:iiJames M. Boyle, Ed.D., Bell County; Charles Arthur Brawner, Waller County; Gigi Edwards Bryant, Travis County; Garry Edward Eoff, Brown County; Janace Pope Ponder, Potter County; Lucy Rubio, Nueces County; Severita Sanchez, Webb County; Cheryl Lee Shannon, Dallas County; Jane A. Wetzel, Dallas County.

Members, School Land Board:iiDavid S. Herrmann, Bexar County; Ted Houghton, Jr., El Paso County.

GUESTS PRESENTED

Senator Estes was recognized and introduced to the Senate members of the Sherman and Denison chambers of commerce and a delegation of citizens from Grayson County.

The Senate welcomed its guests.

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

March 26, 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 148, Designating March 26, 2003, as ACT Now! Day at the Capitol.

SCR 17, Recognizing the artists and arts patrons who are being honored at the Texas Medal of Arts Awards on March 25, 2003.

Respectfully,

/s/Robert Haney, Chief Clerk

House of Representatives

SENATE RESOLUTION 189

Senator Averitt offered the following resolution:

WHEREAS, The Senate of the State of Texas is pleased to join the residents of Johnson County in recognizing March 26, 2003, as Johnson County Day at the State Capitol; and

WHEREAS, Johnson County was named after Colonel Middleton T. Johnson, who served with distinction under Zachary Taylor in the Mexican War of 1846, and as a member of the Texas Legislature; situated in North Central Texas, the county encompasses 729 square miles of hilly and rolling land drained by tributaries of the Trinity and Brazos rivers; and

710 78th Legislature — Regular Session 40th Day

WHEREAS, During the Texas War for Independence, the territory that became Johnson County was the Mexican Municipality of Milam; after Texas gained independence, the land became part of Milam County and later McLennan County; the 1854 Texas Legislature enacted a bill that gave the area county status and its name of Johnson County; and

WHEREAS, The arrival of the Atchison, Topeka, and Santa Fe Railroad in 1881, along with the many fine farmers and small businesses in the region, helped drive the prosperity of the county and built it into what it is today; today the area's economy has diversified into agribusiness, railroad shops, manufacturing, distribution, and lake activities; and

WHEREAS, Johnson County boasts a campus of Hill Junior College in Cleburne and Southwestern Adventist University in Keene that provide postsecondary educational opportunities for county residents; other thriving communities in Johnson County are Burleson, Joshua, Alvarado, Briaroaks, Godley, Grandview, Rio Vista, Venus, and portions of Mansfield and Crowley; and

WHEREAS, Residents and tourists enjoy recreational opportunities at Cleburne State Park, Lake Pat Cleburne, and Hams Creek; bird and deer hunting are also popular in the region; and

WHEREAS, The residents of Johnson County take pride in their historic legacy and in their many accomplishments; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 78th Legislature, hereby pay tribute to the fine people of Johnson County on March 26, 2003, for their singular contributions to our state; and, be it further

RESOLVED, That a copy of this Resolution be prepared for Johnson County as a memento of this auspicious occasion and as an expression of esteem from the Texas Senate.

The resolution was read and was adopted without objection.

GUESTS PRESENTED

Senator Averitt was recognized and introduced to the Senate Tom Hazlewood, Johnson County Judge Roger Harmon, Gary Heinrich, Bill Rice, and Stephanie Hodges, accompanied by a delegation of citizens from Johnson County.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator Wentworth was recognized and introduced to the Senate Aimee Barron, Rand Fowler, Laura De Gelia, Scarlett Scalzo, Isaac Sosa, and Ran Woodfin, fourth-grade students from Travis Heights Elementary School in Austin, serving today as Honorary Senate Pages.

The Senate welcomed its guests.

HOUSE CONCURRENT RESOLUTION 148

The Presiding Officer, Senator Duncan in Chair, laid before the Senate the following resolution:

HCR 148, Designating March 26, 2003, as ACT Now! Day at the Capitol.

ELLIS

The resolution was read.

On motion of Senator Ellis and by unanimous consent, the resolution was considered immediately and was adopted without objection.

Wednesday, March 26, 2003 SENATE JOURNAL 711

GUESTS PRESENTED

Senator Ellis was recognized and introduced to the Senate a delegation representing the AIDS Coalition of Texas Now.

The Senate welcomed its guests.

(President in Chair)

SENATE RESOLUTION 367

Senator Hinojosa offered the following resolution:

WHEREAS, Dr. Hector P. Garcia of Corpus Christi earned nationwide renown as a humanitarian and civil rights advocate; and

WHEREAS, A graduate of The University of Texas Medical Branch at Galveston, this proud patriot joined the United States Army during World War II, immediately after completing his surgical internship; he attained the rank of major in the Medical Corps and earned a Bronze Star with six battle stars for his valorous service; and

WHEREAS, Following his military discharge, Dr. Garcia opened a medical practice in Corpus Christi, where he often provided free medical care to those who could not afford to pay, and saw the effects of discrimination against Mexican Americans; and

WHEREAS, This truly notable Texan established the American GI Forum, an organization composed primarily of veterans and dedicated to securing equal rights for American Latinos, and throughout his life, he worked for such causes as bilingual education, school desegregation, job creation, and housing; and

WHEREAS, The American GI Forum today continues to reflect this remarkable humanitarian's deep commitment to treating others with dignity and to working within the system to effect change; and

WHEREAS, Long active in politics on the state and national levels, Dr.iGarcia was named by President LyndoniB. Johnson as a member of the National Advisory Council on Economic Opportunity and the U.S. Commission on Civil Rights and as a delegate to the United Nations, and President Ronald Reagan awarded him the Presidential Medal of Freedom; and

WHEREAS, Beloved by the people of Corpus Christi, "Dr. Hector" was accorded many well-deserved accolades, including having a city park, a post office, and Memorial Medical Center's indigent health clinic named for him; in addition, he received the first honorary doctorate conferred by Texas A&M University–Corpus Christi, which also erected a statue of him and dedicated a plaza on campus in his honor; in 1990, he was further lauded for his exceptional endeavors by Pope John Paul II; and

WHEREAS, A man of tremendous decency and compassion, Dr. Garcia devoted his life to the service of others, and through his unrelenting efforts the country he cherished achieved a fuller realization of its highest ideals; now, therefore, be it

RESOLVED, That the Senate of the 78th Texas Legislature hereby honor Dr.iHectoriP. Garcia for his immeasurable contributions as a physician and as a leader in the struggle to guarantee civil rights for all Americans.

The resolution was read and was adopted without objection.

712 78th Legislature — Regular Session 40th Day

GUESTS PRESENTED

Senator Hinojosa was recognized and introduced to the Senate family members of Dr. Hector P. Garcia:iihis widow, Wanda Garcia; his daughter, Cecilia Garcia Akers; and his son-in-law, James Akers.

The Senate welcomed its guests.

CONCLUSION OF MORNING CALL

The President at 11:43 a.m. announced the conclusion of morning call.

COMMITTEEiiSUBSTITUTE
SENATE BILL 86 ON THIRD READING

Senator Wentworth moved to suspend the regular order of business to take up for consideration CSSBi86 at this time on its third reading and final passage:

CSSB 86, Relating to the eligibility of a high school graduate for automatic admission to an institution of higher education.

The motion prevailed by a viva voce vote.

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

SENATE JOINT RESOLUTION 22 ON SECOND READING

Senator Harris moved to suspend the regular order of business to take up for consideration SJRi22 at this time on its second reading:

SJR 22, Proposing a constitutional amendment authorizing the legislature to define rates of interest for commercial loans.

The motion prevailed by a viva voce vote.

RECORD OF VOTE

Senator Shapleigh asked to be recorded as voting "Nay" on the suspension of the regular order of business.

The resolution was read second time.

Senator Harris offered the following amendment to the resolution:

Floor Amendment No. 1

Amend SJR 22 as follows:

(1)iiOn committee printing page 1, line 25, insert the following after "purposes" and before the period:ii, provided that the commercial loan is a loan in which one or more persons as part of the same transaction lends, advances, borrows, or receives, or is obligated to lend or advance or entitled to borrow or receive, money or credit with an aggregate value of:

(a)ii$7 million or more if the commercial loan is secured by real property; or

(b)ii$250,000 or more if the commercial loan is not secured by real property.

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

Wednesday, March 26, 2003 SENATE JOURNAL 713

RECORD OF VOTE

Senator Shapleigh asked to be recorded as voting "Nay" on the adoption of Floor Amendment No. 1.

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

SJRi22 as amended was passed to engrossment by the following vote:iiYeasi28, Naysi2.

Yeas:iiArmbrister, Averitt, Bivins, Brimer, Carona, Deuell, Duncan, Ellis, Estes, Fraser, Harris, Hinojosa, Jackson, Janek, Lindsay, Lucio, Madla, Nelson, Ogden, Ratliff, Shapiro, Staples, VanideiPutte, Wentworth, West, Whitmire, Williams, Zaffirini.

Nays:iiBarrientos, Shapleigh.

Absent-excused:iiGallegos.

(Senator Whitmire in Chair)

SENATE JOINT RESOLUTION 22 ON THIRD READING

Senator Harris moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SJRi22 be placed on its third reading and final passage.

The motion prevailed by the following vote: iiYeasi25, Naysi5.

Yeas:iiArmbrister, Averitt, Bivins, Brimer, Carona, Deuell, Duncan, Ellis, Estes, Fraser, Harris, Hinojosa, Jackson, Lindsay, Lucio, Madla, Nelson, Ogden, Shapiro, Staples, VanideiPutte, West, Whitmire, Williams, Zaffirini.

Nays:iiBarrientos, Janek, Ratliff, Shapleigh, Wentworth.

Absent-excused:iiGallegos.

The resolution was read third time and was passed by the following vote:iiYeasi28, Naysi2.

Nays:iiBarrientos, Shapleigh.

Absent-excused:iiGallegos.

SENATE BILL 314 ON THIRD READING

Senator Janek moved to suspend the regular order of business to take up for consideration SBi314 at this time on its third reading and final passage:

SB 314, Relating to the medical transportation program.

The motion prevailed by a viva voce vote.

714 78th Legislature — Regular Session 40th Day

RECORD OF VOTES

Senator Shapleigh asked to be recorded as voting "Nay" on the suspension of the regular order of business.

Senator West asked to be recorded as "Present-not voting" on the suspension of the regular order of business.

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

RECORD OF VOTES

Senator Shapleigh asked to be recorded as voting "Nay" on the final passage of SBi314.

Senator West asked to be recorded as "Present-not voting" on the final passage of SBi314.

COMMITTEEiiSUBSTITUTE
SENATE BILL 597 ON SECOND READING

Senator Duncan moved to suspend the regular order of business to take up for consideration CSSBi597 at this time on its second reading:

CSSB 597, Relating to the regulation of certain companies that provide for-profit legal service contracts; providing penalties.

The motion prevailed by a viva voce vote.

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

COMMITTEEiiSUBSTITUTE
SENATE BILL 597 ON THIRD READING

Senator Duncan moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi597 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, Harris, Hinojosa, Jackson, Lindsay, Lucio, Madla, Nelson, Ogden, Shapiro, Shapleigh, Staples, VanideiPutte, West, Whitmire, Williams, Zaffirini.

Nays:iiJanek, Ratliff, Wentworth.

Absent-excused:iiGallegos.

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

SENATE RESOLUTION 430

Senator Zaffirini offered the following resolution:

WHEREAS, The Senate of the State of Texas is pleased to recognize the outstanding contributions of the Texas Exes to their alma mater and to render a Texas-size welcome to the Mexican students enrolled at The University of Texas at Austin; and

Wednesday, March 26, 2003 SENATE JOURNAL 715

WHEREAS, Founded in 1885, the Texas Exes alumni organization of The University of Texas connects graduates to their alma mater and to each other through a multiplicity of programs, including scholarships, teaching awards and career services; and

WHEREAS, Students from our nearest neighbor, Mexico, have studied at The University of Texas at Austin since 1940; in 2002, the number of students from Mexico at the university was 209; the university and Mexico have historic ties due to shared academic endeavors; the Graduate School of Business has developed joint degree programs with Mexican institutions, and Mexico is the leading country of choice for the university students who study abroad; and

WHEREAS, In 1991, our state's 72nd Legislature established a tuition assistance program to encourage students from Mexico with limited financial resources to study in our state, thus making Texas a responsive educational partner to Mexico; and

WHEREAS, The generosity of the Texas Exes and their active participation in the university's community attest to their commitment to their alma mater, and the school's distinguished record of educating Mexican students is indicative of the successful collaboration between Texas and Mexico; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 78th Legislature, hereby commend the Texas Exes and the Mexican students at The University of Texas at Austin for their special and unique contributions to the school and to our state; 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 Zaffirini was recognized and introduced to the Senate Steve Ballantyne, President, Texas Exes; Jim Boon, Executive Director; Adrienne Trevino, Laredo National Bank representative; and Erenia Suarez, student; accompanied by a group of students from Tecnológico de Monterrey in Mexico.

The Senate welcomed its guests.

COMMITTEEiiSUBSTITUTE
SENATE BILL 473 ON SECOND READING

Senator Ellis moved to suspend the regular order of business to take up for consideration CSSBi473 at this time on its second reading:

CSSB 473, Relating to assisting consumers to prevent and detect identity theft; providing penalties.

The motion prevailed by a viva voce vote.

(President in Chair)

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

716 78th Legislature — Regular Session 40th Day

COMMITTEEiiSUBSTITUTE
SENATE BILL 473 ON THIRD READING

Senator Ellis moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi473 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi27, Naysi3.

Nays:iiJanek, Ratliff, Wentworth.

Absent-excused:iiGallegos.

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

SENATE BILL 716 ON SECOND READING

Senator Lindsay moved to suspend the regular order of business to take up for consideration SBi716 at this time on its second reading:

SB 716, Relating to causeways, bridges, tunnels, turnpikes, and highways in certain counties bordering the Gulf of Mexico and in adjacent counties.

The motion prevailed by a viva voce vote.

The bill was read second time.

Senator Lindsay offered the following amendment to the bill:

Committee Amendment No. 1

Amend SBi716 by inserting the following section and renumbering subsequent sections accordingly:

SECTIONi1.iiSection 284.002(a), Transportation Code, is amended to read as follows:

(a)iiExcept as provided by Subsection (b), this chapter applies only to a county that:

(1)iihas a population of 50,000 or more and borders the Gulf of Mexico or a bay or inlet opening into the gulf;

(2)iihas a population of 1.5 million or more; [or]

(3)iiis adjacent to a county that has a population of 1.5 million or more; or

(4)iihas a population of 500,000 or more and borders the United Mexican States.

The committee amendment was read.

Wednesday, March 26, 2003 SENATE JOURNAL 717

Senator Madla offered the following amendment to the amendment:

Floor Amendment No. 1

Amend Committee Amendment No.i1 to SBi716, on page 1, line 19 of the committee printing by striking "has a population of 500,000 or more and".

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

Question recurring on the adoption of Committee Amendment No.i1 as amended, the amendment as amended was adopted by a viva voce vote.

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

SB 716 as amended was passed to engrossment by a viva voce vote.

SENATE BILL 716 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 SBi716 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi27, Naysi3.

Nays:iiJanek, Ratliff, Wentworth.

Absent-excused:iiGallegos.

The bill was read third time and was passed by the following vote:iiYeasi30, Naysi0.

Absent-excused:iiGallegos.

SENATE BILL 660 ON SECOND READING

Senator Ogden moved to suspend the regular order of business to take up for consideration SBi660 at this time on its second reading:

SB 660, Relating to the penalty for certain speeding offenses.

The motion prevailed by a viva voce vote.

RECORD OF VOTES

Senators Jackson, Shapleigh, and Staples asked to be recorded as voting "Nay" on the suspension of the regular order of business.

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

RECORD OF VOTES

Senators Jackson and Shapleigh asked to be recorded as voting "Nay" on the passage of SBi660 to engrossment.

718 78th Legislature — Regular Session 40th Day

SENATE BILL 660 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 SBi660 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi25, Naysi5.

Yeas:iiArmbrister, Averitt, Barrientos, Bivins, Brimer, Carona, Deuell, Duncan, Ellis, Estes, Fraser, Harris, Hinojosa, Lindsay, Lucio, Madla, Nelson, Ogden, Shapiro, Staples, VanideiPutte, West, Whitmire, Williams, Zaffirini.

Nays:iiJackson, Janek, Ratliff, Shapleigh, Wentworth.

Absent-excused:iiGallegos.

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

RECORD OF VOTES

Senators Jackson and Shapleigh asked to be recorded as voting "Nay" on the final passage of SBi660.

SENATE BILL 900 ON SECOND READING

Senator Shapiro moved to suspend the regular order of business to take up for consideration SBi900 at this time on its second reading:

SB 900, Relating to computation and reporting of the ratios of a school district's expenditures and personnel relating to direct student instruction.

The motion prevailed by a viva voce vote.

The bill was read second time.

Senator Shapiro offered the following amendment to the bill:

Floor Amendment No. 1

Amend SB 900 as follows:

(1)iiIn SECTION 1 of the bill, in proposed Section 44.0071(a)(2), Education Code (committee printing page 1, line 21), strike "only".

(2)iiIn SECTION 1 of the bill, in proposed Section 44.0071(a)(2), Education Code (committee printing page 1, line 23), between "students" and the period, insert ", determined by dividing the number of hours spent by employees in providing direct classroom instruction by the total number of hours worked by all district employees".

(3)iiIn SECTION 1 of the bill, in proposed Section 44.0071(b), Education Code (committee printing page 1, line 27), strike "only in providing" and substitute "in directly providing".

(4)iiIn SECTION 1 of the bill, in proposed Section 44.0071(b), Education Code (committee printing page 1, line 27), immediately following the period, add "The list must include the percentage of time spent by each employee in directly providing classroom instruction to students."

(5)iiIn SECTION 1 of the bill, in proposed Section 44.0071, Education Code (committee printing page 1, lines 28-35), strike proposed Subsection (c) and substitute the following:

Wednesday, March 26, 2003 SENATE JOURNAL 719

(c)iiFor purposes of this section, the computation of a district's expenditures used to fund direct instructional activities shall include the salary, including any associated employment taxes, and value of any benefits provided to any district employee who directly provided classroom instruction to students, but only in proportion to the percentage of time spent by the employee in directly providing classroom instruction to students.

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

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

SBi900 as amended was passed to engrossment by a viva voce vote.

SENATE BILL 900 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 SBi900 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi27, Naysi3.

Nays:iiJanek, Ratliff, Wentworth.

Absent-excused:iiGallegos.

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

COMMITTEEiiSUBSTITUTE
SENATE BILL 540 ON SECOND READING

Senator Williams moved to suspend the regular order of business to take up for consideration CSSBi540 at this time on its second reading:

CSSB 540, Relating to the authority of the commissioners court of a county to alter speed limits on county roads.

The motion prevailed by a viva voce vote.

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

COMMITTEEiiSUBSTITUTE
SENATE BILL 540 ON THIRD READING

Senator Williams moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi540 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi27, Naysi3.

720 78th Legislature — Regular Session 40th Day

Nays:iiJanek, Ratliff, Wentworth.

Absent-excused:iiGallegos.

The bill was read third time and was passed by the following vote:iiYeasi30, Naysi0.

Absent-excused:iiGallegos.

SENATE BILL 441 ON SECOND READING

Senator Harris moved to suspend the regular order of business to take up for consideration SBi441 at this time on its second reading:

SB 441, Relating to the transportation by motor vehicle of persons within the boundaries of certain airports; creating an offense.

The motion prevailed by a viva voce vote.

The bill was read second time.

Senator Harris offered the following amendment to the bill:

Committee Amendment No. 1

Amend SBi441 by adding the following appropriately numbered section and renumbering sections accordingly:

SECTION ____. Subchapter B, Chapter 22, Transportation Code, is amended by adding Section 22.027 to read as follows:

Sec.i22.027.iiMUNICIPAL PERMISSION FOR GROUND TRANSPORTATION; OFFENSE. (a) In this section, "ground transportation business" means the transportation by motor vehicle of persons or baggage for compensation, and includes transportation by a bus service.

(b)iiA person commits an offense if, within the boundaries of an airport operated by a home-rule municipality, the person:

(1)iisolicits ground transportation business without the permission of the municipality, if required; or

(2)iiengages in ground transportation business without the permission of the municipality, if required.

(c)iiAn offense under this section is a Class B misdemeanor.

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

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

SBi441 as amended was passed to engrossment by a viva voce vote.

SENATE BILL 441 ON THIRD READING

Senator Harris moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SBi441 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi27, Naysi3.

Wednesday, March 26, 2003 SENATE JOURNAL 721

Nays:iiJanek, Ratliff, Wentworth.

Absent-excused:iiGallegos.

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

COMMITTEEiiSUBSTITUTE
SENATE BILL 333 ON SECOND READING

Senator Zaffirini moved to suspend the regular order of business to take up for consideration CSSBi333 at this time on its second reading:

CSSB 333, Relating to a chemical dependency counselor or counselor intern.

The motion prevailed by a viva voce vote.

RECORD OF VOTE

Senator West asked to be recorded as voting "Nay" on the suspension of the regular order of business.

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

RECORD OF VOTES

Senators Harris and West asked to be recorded as voting "Nay" on the passage of CSSBi333 to engrossment.

COMMITTEEiiSUBSTITUTE
SENATE BILL 333 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 CSSBi333 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi26, Naysi4.

Nays:iiJanek, Ratliff, Wentworth, West.

Absent-excused:iiGallegos.

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

RECORD OF VOTE

Senator West asked to be recorded as voting "Nay" on the final passage of CSSBi333.

722 78th Legislature — Regular Session 40th Day

SENATE BILL 737 ON SECOND READING

Senator Hinojosa moved to suspend the regular order of business to take up for consideration SBi737 at this time on its second reading:

SB 737, Relating to the exemption of certain military personnel from jury service.

The motion prevailed by a viva voce vote.

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

SENATE BILL 737 ON THIRD READING

Senator Hinojosa moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SBi737 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi27, Naysi3.

Nays:iiJanek, Ratliff, Wentworth.

Absent-excused:iiGallegos.

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

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 8:00 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.

MOTION TO RECESS AND ADJOURN

On motion of Senator Whitmire and by unanimous consent, the Senate at 1:05ip.m. agreed to recess, upon completion of the introduction of bills and resolutions on first reading, until 8:00ia.m. tomorrow for the Local and Uncontested Calendar Session.

The Senate further agreed to adjourn, upon conclusion of the Local and Uncontested Calendar Session, until 10:00ia.m. tomorrow.

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.

Wednesday, March 26, 2003 SENATE JOURNAL 723

SENATE BILLS ON FIRST READING

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

SB 1879 by VanideiPutte

Relating to certain practices to improve energy conservation in state buildings.

To Committee on Government Organization.

SB 1880 by Estes, Fraser, Madla, Shapleigh, VanideiPutte

Relating to benefits for members of the state military forces called to active state duty.

To Committee on Veteran Affairs and Military Installations.

SB 1881 by Whitmire

Relating to payment to certain law enforcement support organizations as a condition of community supervision.

To Committee on Criminal Justice.

HOUSE BILLS ON FIRST READING

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

HB 12 to Committee on Criminal Justice.

HB 43 to Committee on Natural Resources.

HB 44 to Committee on Business and Commerce.

HB 151 to Subcommittee on Agriculture.

HB 212 to Committee on Intergovernmental Relations.

HB 233 to Committee on Jurisprudence.

HB 234 to Committee on Jurisprudence.

HB 294 to Committee on State Affairs.

HB 338 to Committee on Intergovernmental Relations.

HB 479 to Committee on Infrastructure Development and Security.

HB 555 to Committee on Natural Resources.

HB 850 to Committee on Business and Commerce.

HB 889 to Committee on Jurisprudence.

SENATE BILL 666 REREFERRED

Senator Ogden submitted a Motion In Writing requesting that SBi666 be withdrawn from the Committee on Education and rereferred to the Committee on Finance.

The Motion In Writing prevailed without objection.

SENATE BILL 1318 REREFERRED

Senator VanideiPutte submitted a Motion In Writing requesting that SBi1318 be withdrawn from the Committee on State Affairs and rereferred to the Committee on Business and Commerce.

The Motion In Writing prevailed without objection.

724 78th Legislature — Regular Session 40th Day

SENATE BILL 1728 REREFERRED

Senator Lindsay submitted a Motion In Writing requesting that SBi1728 be withdrawn from the Committee on Education and rereferred to the Committee on Government Organization.

The Motion In Writing prevailed without objection.

RESOLUTIONS OF RECOGNITION

The following resolutions were adopted by the Senate:

Memorial Resolutions

SR 454 by Brimer, In memory of Allen Hardy Sanders of Colleyville.

SR 455 by Brimer, In memory of Osro Lycurgus "O.iL." Watson,iJr., of Mansfield.

SR 451 by Van de Putte, In memory of Enriqueta "Ketta" Enrico of San Antonio.

SR 452 by Van de Putte, In memory of Alfred R. Aguirre.

Congratulatory Resolutions

SR 443 by Lindsay, Congratulating Klein Forest High School in Klein for its selection as a Blue Ribbon School.

SR 444 by Gallegos, Recognizing Maximiliano Villagomez of Houston on his 92nd birthday.

SR 446 by Ellis, Commending Sisters Network, Incorporated, for its service to women.

SR 447 by Ellis, Commending Bryan Andrew Croft of Sugar Land for achieving the rank of Eagle Scout.

SR 450 by Ogden and Williams, Congratulating J.iR. "Dick" and Joyce Birdwell on their 50th wedding anniversary.

SR 453 by Barrientos, Congratulating the Department of Electrical and Computer Engineering at The University of Texas at Austin on its 100th anniversary.

HCR 80 (Shapleigh), Honoring Martelia Garnet Reaves of EliPaso on the occasion of her 100th birthday.

Official Designation Resolution

SR 448 by Jackson, Recognizing Marchi26, 2003, as Trucking Day at the State Capitol.

(Senator Estes in Chair)

RECESS

Pursuant to a previously adopted motion, the Senate at 1:11ip.m. recessed until 8:00ia.m. tomorrow for the Local and Uncontested Calendar Session.

Wednesday, March 26, 2003 SENATE JOURNAL 725

AAAPPENDIXAA

COMMITTEE REPORTS

The following committee reports were received by the Secretary of the Senate in the order listed:

March 26, 2003

BUSINESS AND COMMERCEi—iSB 580, SB 774, SB 996, SB 1280

NATURAL RESOURCESi—iSB 710, SB 721, SB 934

STATE AFFAIRSi—iCSSB 407, CSSB 750, CSSB 861

726 78th Legislature — Regular Session 40th Day