SENATE JOURNAL

SEVENTY-EIGHTH LEGISLATURE — REGULAR SESSION

AUSTIN, TEXAS

PROCEEDINGS

FORTY-SIXTH DAY

(Monday, April 7, 2003)

The Senate met at 1:30 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 Right Reverend Robert Hibbs, Bishop Suffragan of the Episcopal Diocese of West Texas, offered the invocation as follows:

O God, the fountain of wisdom whose will is good and gracious and whose law is truth:iiwe beseech You so to guide and bless the Senators and Representatives of this state that they may enact such laws as shall please You, to the glory of Your name and the welfare of this people. Fill them with the love of truth and righteousness and make them ever mindful of their calling to serve this people in Your fear. Fill them with courage, wisdom, and foresight that they may provide for the needs of all our people. Deliver them from pride, vainglory, and hypocrisy; inform their every intention with true virtue that in serving this great state they may grow in Your love and favor and win the eternal benediction prepared for those who give their lives in service for the common good. These things we ask through Christ our Lord. Amen.

Senator Whitmire moved that the reading of the Journal of the proceedings of Thursday, Aprili3, 2003, be dispensed with and the Journal be approved as printed.

The motion prevailed without objection.

CO-AUTHOR OF SENATE BILL 16

On motion of Senator Staples, Senator Lucio will be shown as Co-author of SBi16.

CO-AUTHORS OF SENATE BILL 210

On motion of Senator Barrientos, Senators Estes and West will be shown as Co-authors of SBi210.

CO-AUTHORS OF SENATE BILL 342

On motion of Senator Shapleigh, Senators Gallegos and VanideiPutte will be shown as Co-authors of SBi342.

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.

MESSAGE FROM THE GOVERNOR

The following Message from the Governor was read and was referred to the Committee on Nominations:

Austin, Texas

April 7, 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 JUDGE OF THE 408TH JUDICIAL DISTRICT COURT, SAN ANTONIO, for a term until the next General Election and until her successor shall be duly elected and qualified:

Rebecca Simmons

210 West Lynwood

San Antonio, Texasii78212

(Ms. Simmons will replace Judge Phylis J. Speedlin who was elevated to Justice of the 4th Court of Appeals)

Respectfully submitted,

/s/Rick Perry

Governor

RESOLUTION SIGNED

The President announced the signing of the following enrolled resolution in the presence of the Senate:iiHCRi162.

PHYSICIAN OF THE DAY

Senator Ogden was recognized and presented Dr.iJames Boyd of Round Rock as the Physician of the Day.

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

826 78th Legislature — Regular Session 46th Day

SENATE RESOLUTION 504

Senator West offered the following resolution:

WHEREAS, The Senate of the State of Texas is proud to recognize Dr.iMichaeliS. Brown, regental professor and director of the Erik Jonsson Center for Research in Molecular Genetics and Human Disease at The University of Texas Southwestern Medical Center at Dallas, for his many contributions to medical research and education; and

WHEREAS, Dr. Brown and his distinguished colleague at the university discovered the low-density lipoprotein receptor that controls the level of cholesterol in blood and in cells; and

WHEREAS, This finding led to new understanding of a disorder that leads to premature heart attacks in millions of Americans and to the development of drugs to fight the disorder; and

WHEREAS, The field of medicine and patients throughout the world have benefited from this invaluable discovery; and

WHEREAS, Dr. Brown was awarded the 1985 Nobel Prize and the National Medal of Science for his contributions to his field; and

WHEREAS, As a dedicated professor and research leader at the university for 31 years, Dr.iBrown has contributed to a general increase in the understanding of medical science and to the teaching of science in Texas; and

WHEREAS, The people of the State of Texas are fortunate to have such a gifted scientist as one of its citizens and as part of The University of Texas System; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 78thiLegislature, hereby express great appreciation to Dr. Michael S. Brown for his important contributions to medical science and to the furtherance of biomedical education 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 highest regard from the Texas Senate.

The resolution was read.

SENATE RESOLUTION 505

Senator West offered the following resolution:

WHEREAS, The Senate of the State of Texas is proud to recognize Dr. JosephiL. Goldstein, regental professor and chairman of molecular genetics at The University of Texas Southwestern Medical Center at Dallas, for his many contributions to medical research and education; and

WHEREAS, Dr. Goldstein and his distinguished colleague at the university discovered the low-density lipoprotein receptor that controls the level of cholesterol in blood and in cells; and

WHEREAS, This finding led to new understanding of a disorder that leads to premature heart attacks in millions of Americans and to the development of drugs to fight the disorder; and

WHEREAS, The field of medicine and patients throughout the world have benefited from this invaluable discovery; and

Monday, April 7, 2003 SENATE JOURNAL 827

WHEREAS, Dr. Goldstein was awarded the 1985 Nobel Prize and the National Medal of Science for his contributions to his field; and

WHEREAS, As a dedicated professor and research leader at the university for 31 years, Dr. Goldstein has contributed to a general increase in the understanding of the field of medical science and to the teaching of science in Texas; and

WHEREAS, The people of the State of Texas are fortunate to have such a gifted scientist as one of its citizens and as part of The University of Texas System; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 78th Legislature, hereby express great appreciation to Dr.iJosephiL. Goldstein for his important contributions to medical science and to the furtherance of biomedical education and extend best wishes to him for his future endeavors; and, be it further

RESOLVED, That a copy of this Resolution be prepared for his as an expression of highest regard from the Texas Senate.

The resolution was read.

SENATE RESOLUTION 506

Senator West offered the following resolution:

WHEREAS, The Senate of the State of Texas is proud to recognize Dr.iJohann Deisenhofer, regental professor of Biochemistry and Howard Hughes Medical Institute investigator at The University of Texas Southwestern Medical Center at Dallas, for his many contributions to medical research and education; and

WHEREAS, Dr. Deisenhofer used Xirays on crystals of proteins to reveal the process of photosynthesis, which is described by the Royal Swedish Academy of Sciences as the most important chemical reaction on Earth; and

WHEREAS, This discovery led to more accurate understanding of the structure of proteins essential to life; and

WHEREAS, The field of medicine and patients throughout the world have benefited form this invaluable discovery; and

WHEREAS, Dr. Deisenhofer was awarded the 1988 Nobel Prize for his contributions to his field; and

WHEREAS, As a dedicated professor and research leader at the university for 15 years, Dr.iDeisenhofer has contributed to a general increase in the understanding of the field of medical science and to the teaching of science in Texas; and

WHEREAS, The people of the State of Texas are fortunate to have such a gifted scientist as one of its citizens and as part of The University of Texas System; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 78thiLegislature, hereby express great appreciation to Dr. Johann Deisenhofer for his important contributions to medical science and education and to the furtherance of biomedical understanding and discovery and extend best wishes to him on his future endeavors; and, be it further

RESOLVED, That a copy of this Resolution be prepared for him as an expression of highest regard from the Texas Senate.

The resolution was read.

828 78th Legislature — Regular Session 46th Day

SENATE RESOLUTION 507

Senator West offered the following resolution:

WHEREAS, The Senate of the State of Texas is proud to recognize Dr.iAlfred Gilman, regental professor and chairman of pharmacology at The University of Texas Southwestern Medical Center at Dallas, for his many contributions to medical research and education; and

WHEREAS, Dr. Gilman discovered, characterized, and purified a set of guanine nucleotide-binding regulatory proteins termed "G proteins"; and

WHEREAS, This discovery revealed how cells communicate to control the most fundamental processes in the human body and opened the way for the development of new therapies for many major diseases; and

WHEREAS, The field of medicine and patients throughout the world have benefited from this invaluable discovery; and

WHEREAS, Dr. Gilman was awarded the 1994 Nobel Prize for his contributions to his field; and

WHEREAS, As a dedicated professor and research leader at the university for 22 years, Dr.iGilman has contributed to a general increase in the understanding of medical science and to the teaching of science in Texas; and

WHEREAS, The people of the State of Texas are fortunate to have such a gifted scientist as one of its citizens and as part of The University of Texas System; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 78thiLegislature, hereby express great appreciation to Dr.iAlfred Gilman for his important contributions to medical science and education and to the furtherance of biomedical understanding and discovery and extend best wishes to him for his future endeavors; and, be it further

RESOLVED, That a copy of this Resolution be prepared for him as an expression of highest regard from the Texas Senate.

The resolution was read.

On motion of Senator West, SRi504, SRi505, SRi506, and SRi507 were adopted without objection.

GUESTS PRESENTED

Senator West was recognized and introduced to the Senate Nobel Laureates Drs.iMichaeliS.iBrown, JosephiL.iGoldstein, Johann Deisenhofer, and Alfred Gilman, accompanied by Dr.iKern Wildenthal, President of The University of Texas Southwestern Medical Center at Dallas.

The Senate welcomed its guests.

Monday, April 7, 2003 SENATE JOURNAL 829

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

April 7, 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:

HB 28, Relating to rehabilitation programs for defendants housed in state jail felony facilities.

HB 32, Relating to certain writs of habeas corpus based solely on a claim of a time-served credit error.

HB 89, Relating to a leave of absence for certain state employees who are donating an organ or bone marrow.

HB 147, Relating to application of the no-call list provisions to commercial mobile service providers and subscribers.

HB 149, Relating to certain privacy protections for consumer information included in the Texas no-call list.

HB 240, Relating to the punishment for criminal mischief committed by intentionally introducing infectious diseases into livestock.

HB 258, Relating to correcting errors in the distribution of benefits by a public retirement system.

HB 462, Relating to the collection of a fee from certain nonresident attorneys requesting permission to participate in proceedings in a Texas court.

HB 530, Relating to prohibiting the legislature from meeting on Martin Luther King, Jr., Day.

HB 608, Relating to the selection of alternate public members to serve on the committee to review salaries and expenses of elected county or precinct officers.

HB 660, Relating to access to criminal history record information by certain licensing and regulatory agencies.

HB 671, Relating to the requirements for certain alcoholic beverage licenses.

HB 681, Relating to the location of a jail or related facility operated by a municipality and a county.

HB 724, Relating to civil liability of alcoholic beverage providers for providing alcoholic beverages to certain individuals.

830 78th Legislature — Regular Session 46th Day

HB 739, Relating to the protection and use of intellectual property by the Department of Information Resources.

HB 816, Relating to recognizing the week that includes the third Friday in May as Transportation Week.

HB 864, Relating to prohibiting the introduction or possession of certain items in correctional facilities or on certain property of the Texas Department of Criminal Justice; providing penalties.

HB 872, Relating to the dates on which elections may be held.

HB 887, Relating to the award of attorney's fees and expenses in a suit affecting the parent-child relationship.

HB 917, Relating to the authority of counties and municipalities to incur debt to participate in erosion response projects undertaken by the General Land Office.

HB 935, Relating to the creation of magistrates in Comal County.

HB 980, Relating to the circumstances under which a child may be adopted.

HB 1030, Relating to the powers and duties of the Hardeman County Hospital District.

HB 1060, Relating to prohibiting the promotion of certain improper photographs or visual recordings; providing a penalty.

HB 1075, Relating to criminal history record information for state agency information technology personnel.

HB 1083, Relating to the prompt production of public information under the public information law.

HB 1095, Relating to the authority of advanced practice nurses and physician assistants to administer, provide, and carry out or sign a prescription drug order.

HB 1117, Relating to the clarification by a county of the existence of a public interest in certain roads.

HB 1191, Relating to the confidentiality of certain sensitive information.

HB 1221, Relating to an exclusion from unemployment compensation chargebacks based on a separation from employment resulting from an employer being called to active military duty.

HB 1231, Relating to management of the Gulf Coast Intracoastal Waterway.

HB 1236, Relating to information required to be placed in a pen packet accompanying a defendant on transfer from county jail to the Texas Department of Criminal Justice.

HB 1282, Relating to commercial electronic mail; providing penalties.

HB 1295, Relating to the total amount of public school bonds that may be guaranteed by the permanent school fund.

HB 1309, Relating to the applicability of the Texas Non-Profit Corporation Act to nonprofit water supply or sewer service corporations.

Monday, April 7, 2003 SENATE JOURNAL 831

HB 1369, Relating to the local registration of retail electric providers.

HB 1536, Relating to certain communication with and access to a child following termination of the parent-child relationship.

HB 1631, Relating to the Kimble County Hospital District.

HB 1649, Relating to student fees charged at The University of Texas at San Antonio.

HB 1650, Relating to student fees charged at The University of Texas at San Antonio.

HB 1666, Relating to the courts that may approve a transfer of payment rights under certain structured settlements.

HB 1677, Relating to the duties of the district attorney and the county attorney in Wharton County.

HB 1819, Relating to an exclusion from unemployment compensation chargebacks based on a separation from employment caused by certain disasters.

HB 1820, Relating to the exception of certain agricultural labor from unemployment compensation.

HB 1944, Relating to the compensation of a statutory probate court judge while assigned as a visiting judge.

HB 1948, Relating to the membership of the electric utility restructuring legislative oversight committee.

HB 1959, Relating to facilities and other property of the Dallam-Hartley Counties Hospital District.

HCR 34, Designating the Texas State Railroad as the official State Railroad of Texas.

SB 749, Relating to continuing education requirements for certain court clerks.

(Committee Substitute)

Respectfully,

/s/Robert Haney, Chief Clerk

House of Representatives

GUESTS PRESENTED

Senator Janek was recognized and introduced to the Senate Dr. Byron Bailey; his wife, Margi; his grandchildren, Austin and Madison Reinhart; accompanied by Marilyn Streck and other family members.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator Averitt was recognized and introduced to the Senate fourth-grade students from Waco Baptist Academy in Waco, accompanied by their sponsors.

The Senate welcomed its guests.

832 78th Legislature — Regular Session 46th Day

SENATE RESOLUTION 489

Senator Brimer offered the following resolution:

WHEREAS, The Senate of the State of Texas is pleased to join the residents of Mansfield in declaring April 7, 2003, Mansfield Day at the State Capitol; and

WHEREAS, Located in the Southeast corner of Tarrant County in the Dallas/Fort Worth Metroplex, Mansfield is the fastest growing city in Tarrant County; and

WHEREAS, The City of Mansfield is flourishing economically and owes much of its stability to the leadership provided by the Mansfield Area Chamber of Commerce; the chamber represents more than 500 business organizations throughout the Mansfield area; and

WHEREAS, The Mansfield Area Chamber of Commerce brings together businesses in the Mansfield area to support public policy initiatives that meet their needs; and

WHEREAS, Noted for its many contributions to the overall quality of life in Mansfield, the Mansfield Area Chamber of Commerce builds productive partnerships between the business community and local, state, and federal governments to provide for positive growth in business development; and

WHEREAS, The members of the Mansfield Area Chamber of Commerce have greatly influenced the economic growth and vitality of Mansfield, and the residents of Mansfield have taken care to preserve its many amenities in the face of population expansion and development; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 78th Legislature, hereby commend the citizens of Mansfield and the members of the Mansfield Area Chamber of Commerce on their achievements and their contributions to our state and extend best wishes to them for a joyous Mansfield Day at the State Capitol; and, be it further

RESOLVED, That a copy of this Resolution be prepared for the residents of Mansfield and the Mansfield Area Chamber of Commerce as an expression of esteem from the Texas Senate.

The resolution was read and was adopted without objection.

GUESTS PRESENTED

Senator Brimer was recognized and introduced to the Senate a delegation of citizens from the City of Mansfield.

The Senate welcomed its guests.

SENATE RESOLUTION 460

Senator Barrientos offered the following resolution:

WHEREAS, The Senate of the State of Texas is pleased to recognize the Center for Public Policy Dispute Resolution at The University of Texas School of Law on the occasion of its 10th anniversary on April 8, 2003; and

WHEREAS, The center was created in 1993 as a statewide initiative to promote the use of alternative dispute resolution in Texas governmental and public interest entities and to provide alternative dispute resolution education, research, and services to the university community and the citizens of Texas; and

Monday, April 7, 2003 SENATE JOURNAL 833

WHEREAS, The center is located within the university in order to provide a neutral and nonpolitical site to assist state and local governments in the use and development of alternative dispute resolution; the center sponsors a fellows program to bring together state officials and professionals interested in government use of alternative dispute resolution, and it created an interdisciplinary graduate program in dispute resolution at the university; and

WHEREAS, The use of alternative dispute resolution can effect significant cost savings by resolving disputes without litigation, and it fosters cooperation within governmental bodies and between government and the public; and

WHEREAS, The Center for Public Policy Dispute Resolution provided assistance to state legislators, who in 1997 unanimously passed two bills, the Governmental Dispute Resolution Act and the Negotiated Rulemaking Act, which provide for the development and use of alternative dispute resolution procedures in state agencies; and

WHEREAS, Alternative dispute resolution reduces liability risk and litigation expenses for governmental agencies and private entities, and it is an efficient and cost-effective method of conflict resolution; the Center for Public Policy Dispute Resolution deserves legislative recognition for the outstanding services it provides to the people of Texas in promoting the appropriate use of alternative dispute resolution; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 78th Legislature, hereby commend the Center for Public Policy Dispute Resolution at The University of Texas School of Law for its significant contributions to all citizens of this state and extend congratulations to it on its 10th anniversary, with best wishes for continued success; and, be it further

RESOLVED, That a copy of this Resolution be prepared for the center as an expression of the high regard of the Texas Senate.

The resolution was again read.

The resolution was previously adopted on Thursday, March 27, 2003.

GUEST PRESENTED

Senator Barrientos was recognized and introduced to the Senate Jan Summer, Executive Director of the Center for Public Policy Dispute Resolution at The University of Texas School of Law.

The Senate welcomed its guest.

SENATE RESOLUTION 565

Senator Lucio offered the following resolution:

SR 565, In memory of those who lost their lives in the Queen Isabella Causeway tragedy on September 15, 2001.

The resolution was read.

834 78th Legislature — Regular Session 46th Day

Senator Lucio was recognized and introduced to the Senate family members of victims:iiJackie Golterman, William Welch, Clarissa Hinojosa Arellano, Gaspar Hinojosa II, Omar Hinojosa, Daisy Harris-Read, and Pat Harris, accompanied by one of the survivors, Gustavo A. Morales, Jr., and his wife, Idalia Morales.

The Senate welcomed its guests and extended its sympathy.

On motion of Senator Lucio, the resolution was adopted by a rising vote of the Senate.

In honor of the memory of the victims of the Queen Isabella Causeway tragedy, the text of SRi565 is printed at the end of today's Senate Journal.

SENATE RESOLUTION 511

Senator Ogden offered the following resolution:

WHEREAS, The Senate of the State of Texas is pleased to join the citizens of Round Rock in recognizing April 7, 2003, as Round Rock Day at the State Capitol; and

WHEREAS, This is a special day for the citizens of Round Rock to gather at the Capitol to celebrate the contributions they have made to the heritage of the State of Texas; and

WHEREAS, Long before the arrival of the first white settlers in the 1800s, the Tonkawa, Lipan Apache, Comanche, and the Tawakoni Indians hunted and gathered in the Round Rock area; and

WHEREAS, The city is named for the round, table-topped limestone rock located at a low water crossing in Brushy Creek; the rock is recognized as a tribute to the weary pioneers who forded the creek as they were looking for a better life in the West; and

WHEREAS, The town of Round Rock began to take form after Jesse Chisholm marked his trail nearby in 1864 as he was on his way from the Rio Grande River to Abilene; the real boom for commerce occurred in 1876, when the Texas Land Company began building a new town at the end of the line for the Great Northern Railroad; today, many of those original buildings still stand; and

WHEREAS, Round Rock was incorporated in 1913, and the newly formed city government began improving utilities, services, and streets; throughout the twentieth century, the city experienced population growth, and its citizens worked together to overcome problems, such as a prolonged drought in 1978 and the need for improved health care facilities; collectively, Round Rock citizens embrace the city's motto of "Purpose, Passion, Prosperity"; and

WHEREAS, The thriving city of 75,000 offers a high quality of life for its citizens, including numerous recreational activities and an award-winning park system, library, and school district; not only does Round Rock have the lowest property tax and utility rates in the region but also one of the lowest crime rates in the state; and

WHEREAS, It is the home of the Round Rock Express Baseball Club and the internationally recognized Dell Computer Corporation; community events such as Frontier Days and Daffodil Days bring numerous visitors to the city; and

Monday, April 7, 2003 SENATE JOURNAL 835

WHEREAS, The residents of Round Rock can reflect on their community's history and progress with great pride, and the State of Texas and the City of Round Rock can look forward to a shared future of opportunities and challenges; and

WHEREAS, As a fitting ending to Round Rock Day at the State Capitol, the City of Round Rock has generously extended an invitation to the Texas Legislature to attend Round Rock Day at Dell Diamond for an evening of Texas League baseball and a visit with baseball legend Nolan Ryan; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 78th Legislature, hereby declare April 7, 2003, Round Rock Day at the State Capitol and extend a warm welcome to the citizens of Round Rock who have come to the Capitol this day to celebrate; and, be it further

RESOLVED, That a copy of this Resolution be prepared as a memento of this occasion.

The resolution was read and was adopted without objection.

GUESTS PRESENTED

Senator Ogden was recognized and introduced to the Senate a delegation from the City of Round Rock:iiMayor Nyle Maxwell, Mayor Pro Tempore Tom Nielson, and councilmembers Carrie Pitt, Alan McGraw, and Isabel Gallahan, accompanied by a group of citizens.

The Senate welcomed its guests.

SENATE RESOLUTION 563

Senator Shapleigh offered the following resolution:

SR 563, In memory of Bobby Joe Hill of El Paso.

The resolution was read.

On motion of Senator Shapleigh, the resolution was adopted by a rising vote of the Senate.

In honor of the memory of Bobby Joe Hill of El Paso, the text of SRi563 is printed at the end of today's Senate Journal.

CONCLUSION OF MORNING CALL

The President at 2:24 p.m. announced the conclusion of morning call.

SENATE BILL 611 ON SECOND READING

Senator Nelson moved to suspend the regular order of business to take up for consideration SBi611 at this time on its second reading:

SB 611, Relating to printing a social security number on an identification card or other identification device.

The motion prevailed by a viva voce vote.

The bill was read second time.

836 78th Legislature — Regular Session 46th Day

Senator Nelson offered the following amendment to the bill:

Floor Amendment No. 1

Amend SB 611 as follows:

(1)iiIn SECTION 1 of the bill, proposed Section 35.58(a), Business & Commerce Code (committee printing page 1, line 14), strike "display" and substitute "print".

(2)iiIn SECTION 2(a) of the bill (committee printing page 1, line 30), strike "January 1, 2004" and substitute "March 1, 2005".

(3)iiIn SECTION 2(b) of the bill (committee printing page 1, line 33), strike "January" and substitute "March".

(4)iiIn SECTION 2(b) of the bill (committee printing page 1, line 35), strike "January" and substitute "March".

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

Senator Hinojosa offered the following amendment to the bill:

Floor Amendment No. 2

Amend SB 611 in SECTION 1 of the bill by striking proposed Section 35.58(a), Business & Commerce Code (committee printing page 1, lines 14-16), and substituting the following:

(a)iiA person may not:

(1)iiprint an individual's social security number on a card or other device required to access a product or service provided by the person; or

(2)iiprint an individual's social security number on any materials that are sent by mail unless state or federal law requires that the individual's social security number be included in the materials.

The floor amendment was read.

On motion of Senator Hinojosa, Floor Amendment No.i2 was withdrawn.

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

SB 611 as amended was passed to engrossment by a viva voce vote.

SENATE BILL 602 ON SECOND READING

Senator Ellis moved to suspend the regular order of business to take up for consideration SBi602 at this time on its second reading:

SB 602, Relating to access to criminal history record information concerning employees, volunteers, and applicant volunteers of children's advocacy centers.

The motion prevailed by a viva voce vote.

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

Monday, April 7, 2003 SENATE JOURNAL 837

SENATE BILL 602 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 SBi602 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi29, Naysi2.

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

Nays:iiRatliff, Wentworth.

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

COMMITTEEiiSUBSTITUTE
SENATE BILL 16 ON SECOND READING

Senator Staples moved to suspend the regular order of business to take up for consideration CSSBi16 at this time on its second reading:

CSSB 16, Relating to mentoring services programs for at-risk students in public schools.

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 16 ON THIRD READING

Senator Staples moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi16 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi29, Naysi2.

Nays:iiRatliff, Wentworth.

The bill was read third time.

On motion of Senator Staples, further consideration of CSSB 16 was postponed.

Question — Shall CSSB 16 be finally passed?

838 78th Legislature — Regular Session 46th Day

(Senator Averitt in Chair)

COMMITTEEiiSUBSTITUTE
SENATE BILL 533 ON SECOND READING

Senator Carona moved to suspend the regular order of business to take up for consideration CSSBi533 at this time on its second reading:

CSSB 533, Relating to certain practices of debt collectors and credit bureaus.

The motion prevailed by a viva voce vote.

The bill was read second time.

Senator Carona offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 533 as follows:

(1)iiIn SECTION 1 of the bill, strike amended Section 392.202(c)(2), Finance Code (committee printing page 1, lines 50-54), and substitute the following:

(2)iiimmediately cease collection efforts and on correction of the item send, to each person who has previously received a report from the third-party debt collector [~~or credit bureau~~] containing the inaccurate information, notice of the inaccuracy and a copy of an accurate report.

(2)iiIn SECTION 1 of the bill, strike amended Section 392.202(d), Finance Code (committee printing page 1, line 55 through page 2, line 2), and substitute the following:

(d)iiIf the third-party debt collector [~~or credit bureau~~] states that there has not been sufficient time to complete an investigation, the third-party debt collector [~~or credit bureau~~] shall immediately:

(1)iichange the item in the relevant file as requested by the individual;

(2)iisend to each person who previously received the report containing the information a notice that is equivalent to a notice under Subsection (c) and a copy of the changed report; and

(3)iicease collection efforts [~~if the item involves a debt~~].

(3)iiAdd the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS accordingly:

SECTIONi____.iiSection 20.06(d), Business & Commerce Code, is amended to read as follows:

(d)iiIf disputed information is found to be inaccurate or cannot be verified after a reinvestigation under Subsection (a), the consumer reporting agency, unless otherwise directed by the consumer, shall promptly delete the information from the consumer's file, revise the consumer file, and provide the revised consumer report to the consumer and[~~, on the request of the consumer,~~] to each person who requested the consumer report within the preceding six months. The consumer reporting agency may not report the inaccurate or unverified information in subsequent reports.

Monday, April 7, 2003 SENATE JOURNAL 839

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

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

CSSB 533 as amended was passed to engrossment by a viva voce vote.

COMMITTEEiiSUBSTITUTE
SENATE BILL 533 ON THIRD READING

Senator Carona moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi533 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi28, Naysi2.

Nays:iiRatliff, Wentworth.

Absent:iiWilliams.

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

COMMITTEEiiSUBSTITUTE
SENATE BILL 663 ON SECOND READING

Senator Ogden moved to suspend the regular order of business to take up for consideration CSSBi663 at this time on its second reading:

CSSB 663, Relating to an additional cost on conviction of an offense for roadway safety and traffic enforcement.

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 663 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 CSSBi663 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi29, Naysi2.

Nays:iiRatliff, Wentworth.

The bill was read third time and was passed by the following vote:iiYeasi27, Naysi4.

840 78th Legislature — Regular Session 46th Day

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

Nays:iiEstes, Lucio, VanideiPutte, West.

(President in Chair)

COMMITTEEiiSUBSTITUTE
SENATE BILL 976 ON SECOND READING

Senator Shapiro moved to suspend the regular order of business to take up for consideration CSSBi976 at this time on its second reading:

CSSB 976, Relating to high school completion and the creation of a middle college education pilot program.

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 976 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 CSSBi976 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi29, Naysi2.

Nays:iiRatliff, Wentworth.

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

COMMITTEEiiSUBSTITUTE
SENATE BILL 1108 ON SECOND READING

Senator Shapiro moved to suspend the regular order of business to take up for consideration CSSBi1108 at this time on its second reading:

CSSB 1108, Relating to academic achievement in public schools.

The motion prevailed by a viva voce vote.

The bill was read second time.

Monday, April 7, 2003 SENATE JOURNAL 841

Senator Shapiro offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 1108 (Senate committee report version) as follows:

On page 2, line 2-31, between "shall" and "make", insert "seek private funding to";

On page 2, line 2-31, between "available" and "on" insert "and maintain".

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

Senator Shapiro offered the following amendment to the bill:

Floor Amendment No. 2

Amend CSSB 1108 (Senate committee report version) as follows:

On page 1, line 11, insert a new SECTION 1 of the bill that reads as follows:

SECTION 1.iiSubsection (b), Section 12.104, Education Code, is amended to read as follows:

(b)iiAn open-enrollment charter school is subject to:

(1)iia provision of this title establishing a criminal offense; and

(2)iia prohibition, restriction, or requirement, as applicable, imposed by this title or a rule adopted under this title, relating to:

(A)iithe Public Education Information Management System (PEIMS) to the extent necessary to monitor compliance with this subchapter as determined by the commissioner;

(B)iicriminal history records under Subchapter C, Chapter 22;

(C)iireading instruments and accelerated reading instruction programs under Sectioni28.006;

(D)iisatisfactory performance on assessment instruments and to accelerated instruction under Sectioni28.0211;

(E)iipersonal graduation plan under Sectioni28.0212;

(F)iiintensive instruction program under Section 28.0213;

(G) ~~(E)~~iihigh school graduation under Sectioni28.025;

(H) ~~(F)~~iispecial education programs under SubchapteriB, Chapteri29;

(I) ~~(G)~~iibilingual education under SubchapteriB, Chapteri29;

(J) ~~(H)~~iiprekindergarten programs under SubchapteriE, Chapteri29;

(K) ~~(I)~~iiextracurricular activities under Sectioni33.081;

(L) ~~(J)~~iidiscipline management practices or behavior management techniques under Sectioni37.0021;

(M) ~~(K)~~iihealth and safety under Chapteri38; and

(N) ~~(L)~~iipublic school accountability under SubchaptersiB, C, D, and G, Chapteri39."

and renumber the subsequent SECTIONs of the bill accordingly.

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

Senator Shapleigh offered the following amendment to the bill:

Floor Amendment No. 3

Amend CSSB 1108 by inserting on pagei1, line 54 by striking "and" and inserting the following between "instruction" and the period:

842 78th Legislature — Regular Session 46th Day

, and other interventions that are proven to accelerate the learning process and have been scientifically validated to improve learning and cognitive ability.

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.

CSSB 1108 as amended was passed to engrossment by a viva voce vote.

COMMITTEEiiSUBSTITUTE
SENATE BILL 1108 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 CSSBi1108 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi29, Naysi2.

Nays:iiRatliff, Wentworth.

The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.

SENATE RULE 11.10(a) SUSPENDED

(Public Notice of Committee Meetings)

On motion of Senator Bivins and by unanimous consent, Senate Rulei11.10(a) was suspended in order that the Committee on Finance might meet tomorrow at 9:00ia.m.

PERMISSION TO INTRODUCE BILLS AND RESOLUTION

Senator Whitmire moved to suspend Senate Rulei7.07(b) and Sectioni5, ArticleiIII, of the Texas Constitution to permit the introduction of the following bills and resolution:iiSBi1894, SBi1895, SBi1896, SB 1898, SCRi37.

The motion prevailed by the following vote:iiYeasi31, Naysi0.

MOTION TO ADJOURN

On motion of Senator Whitmire and by unanimous consent, the Senate at 3:55ip.m. agreed to adjourn, in memory of the victims of the Queen Isabella Causeway tragedy and Bobby Joe Hill of El Paso, upon completion of the introduction of bills and resolutions on first reading, until 11:00ia.m. tomorrow.

Monday, April 7, 2003 SENATE JOURNAL 843

SENATE BILLS AND RESOLUTION ON FIRST READING

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

SB 1894 by Lucio

Relating to the authorization and regulation of casino gambling and to the creation, powers, and duties of the Texas Gaming Commission; authorizing the imposition of gaming taxes for certain purposes including the establishment of scholarships for Texas students in public colleges and universities; providing civil and criminal penalties.

To Committee on State Affairs.

SB 1895 by Ellis

Relating to the duration of a lease for municipal civic center property.

To Committee on Intergovernmental Relations.

SB 1896 by Whitmire

Relating to the authority of a peace officer to make a warrantless arrest when a person confesses to committing a felony.

To Committee on Criminal Justice.

SB 1897 by Whitmire

Relating to the creation of the Fall Creek Management District; providing authority to impose taxes and issue bonds. (Local Bill)

To Committee on Natural Resources.

SB 1898 by Deuell

Relating to the offense of aggravated sexual assault against a person with mental retardation.

To Committee on Criminal Justice.

SB 1899 by Staples

Relating to permit requirements for groundwater transfers out of Pineywoods Groundwater Conservation District. (Local Bill)

To Committee on Natural Resources.

SB 1900 by Staples

Relating to permit requirements for groundwater transfers out of Neches and Trinity Valleys Groundwater Conservation District. (Local Bill)

To Committee on Natural Resources.

SB 1901 by Whitmire

Relating to the creation of the Harris County Road Improvement District No. 2; providing authority to impose a tax and issue bonds. (Local Bill)

To Committee on Intergovernmental Relations.

SCR 37 by Madla

Encouraging the United States and Mexican federal governments to reopen the bridge and border crossing at La Linda, Coahuila, Mexico.

To Committee on International Relations and Trade.

844 78th Legislature — Regular Session 46th Day

HOUSE BILLS AND RESOLUTIONS ON FIRST READING

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

HB 9 to Committee on Infrastructure Development and Security.

HB 11 to Committee on Infrastructure Development and Security.

HB 13 to Committee on Criminal Justice.

HB 14 to Committee on Intergovernmental Relations.

HB 42 to Committee on Criminal Justice.

HB 156 to Committee on Intergovernmental Relations.

HB 157 to Committee on Intergovernmental Relations.

HB 164 to Committee on Intergovernmental Relations.

HB 171 to Committee on Criminal Justice.

HB 227 to Committee on Jurisprudence.

HB 242 to Committee on Education.

HB 254 to Committee on Criminal Justice.

HB 274 to Committee on Criminal Justice.

HB 276 to Committee on Business and Commerce.

HB 296 to Committee on State Affairs.

HB 297 to Committee on Criminal Justice.

HB 301 to Committee on Criminal Justice.

HB 319 to Committee on Education.

HB 320 to Committee on Jurisprudence.

HB 374 to Committee on Jurisprudence.

HB 392 to Committee on Business and Commerce.

HB 398 to Committee on Intergovernmental Relations.

HB 510 to Committee on Infrastructure Development and Security.

HB 543 to Committee on Business and Commerce.

HB 554 to Committee on Intergovernmental Relations.

HB 562 to Committee on Criminal Justice.

HB 616 to Committee on Criminal Justice.

HB 618 to Committee on Criminal Justice.

HB 619 to Committee on Criminal Justice.

HB 647 to Committee on Infrastructure Development and Security.

HB 653 to Committee on Health and Human Services.

HB 686 to Committee on Intergovernmental Relations.

HB 754 to Committee on Criminal Justice.

HB 823 to Committee on Jurisprudence.

HB 831 to Committee on Criminal Justice.

HB 854 to Committee on Education.

HB 888 to Committee on Criminal Justice.

HB 900 to Committee on Criminal Justice.

HB 970 to Committee on Administration.

HB 999 to Committee on State Affairs.

HB 1011 to Committee on Criminal Justice.

HB 1024 to Committee on Education.

HB 1061 to Committee on Intergovernmental Relations.

Monday, April 7, 2003 SENATE JOURNAL 845

HB 1119 to Committee on Health and Human Services.

HB 1195 to Committee on Natural Resources.

HB 1208 to Committee on Infrastructure Development and Security.

HB 1378 to Committee on Natural Resources.

HB 1471 to Committee on Jurisprudence.

HB 1735 to Committee on Health and Human Services.

HCR 15 to Committee on Education.

HCR 75 to Committee on State Affairs.

SENATE BILL 1216 REREFERRED

Senator Janek submitted a Motion In Writing requesting that SBi1216 be withdrawn from the Committee on Education and rereferred to the Committee on Finance.

The Motion In Writing prevailed without objection.

SENATE BILL 1563 REREFERRED

Senator Madla submitted a Motion In Writing requesting that SBi1563 be withdrawn from the Committee on State Affairs and rereferred to the Committee on Intergovernmental Relations.

The Motion In Writing prevailed without objection.

(Senator Madla in Chair)

RESOLUTIONS OF RECOGNITION

The following resolutions were adopted by the Senate:

Memorial Resolutions

SR 104 by Brimer, In memory of Wilson Clark Martin, Jr., of Fort Worth.

SR 561 by Barrientos, In memory of Patricia Sue Smallwood Brewer of Austin.

SR 566 by Ellis, In memory of H. D. Cannon of Houston.

SR 567 by Van de Putte, In memory of Gustin M. Hrncir of San Antonio.

Congratulatory Resolutions

SR 513 by Averitt, Congratulating Annie Thomas Brooks of Hillsboro on her 90th birthday.

SR 515 by Barrientos, Congratulating Coralia Cuellar Schotz of Austin on her 102nd birthday.

SR 516 by Ellis, Commending the Black Nurses Association of Greater Houston, Incorporated, for its service to its community.

SR 517 by Barrientos, Commending Rosalie Toni Martinez Nicholls for her service to the Texas Education Agency.

SR 519 by Whitmire, Congratulating James Donald and Margaret Louise Clendennen on their 50th wedding anniversary.

SR 521 by West, Commending the members of the Parents as Teachers program.

846 78th Legislature — Regular Session 46th Day

SR 522 by West, Commending the Fourth Annual Mabel Meshachk White-South Dallas Outreach Center's Relay for Life.

SR 523 by Shapleigh, Commending the Reverend Johnnie Washington on her selection as a role model for the City of El Paso.

SR 524 by Shapleigh, Congratulating Felipa Solis on her selection as a role model for the City of El Paso.

SR 525 by Shapleigh, Commending Linda Smith for her selection as a role model for the City of El Paso.

SR 526 by Shapleigh, Commending Donna Smith for her selection as a role model for the City of El Paso.

SR 527 by Shapleigh, Commending Linda Small for her selection as a role model for the City of El Paso.

SR 528 by Shapleigh, Commending Maxine Silva for her selection as a role model for the City of El Paso.

SR 529 by Shapleigh, Commending Rebecca Rodriguez for her selection as a role model for the City of El Paso.

SR 530 by Shapleigh, Commending Patsy Ortiz for her selection as a role model for the City of El Paso.

SR 531 by Shapleigh, Commending Esther Olsen for her selection as a role model for the City of El Paso.

SR 532 by Shapleigh, Commending Romalda Miranda for her selection as a role model for the City of El Paso.

SR 533 by Shapleigh, Commending Mary Melendez for her selection as a role model for the City of El Paso.

SR 534 by Shapleigh, Commending Margarita Licon for her selection as a role model for the City of El Paso.

SR 535 by Shapleigh, Commending Julie Kallman for her selection as a role model for the City of El Paso.

SR 536 by Shapleigh, Commending Tina Yetter Jones for her selection as a role model for the City of El Paso.

SR 537 by Shapleigh, Commending Isabel Jacobo for her selection as a role model for the City of El Paso.

SR 538 by Shapleigh, Commending Sandra J. Iaconis for her selection as a role model for the City of El Paso.

SR 539 by Shapleigh, Commending Becky Horowitz for her selection as a role model for the City of El Paso.

SR 540 by Shapleigh, Commending Carolina Herrera for her selection as a role model for the City of El Paso.

Monday, April 7, 2003 SENATE JOURNAL 847

SR 541 by Shapleigh, Commending Blanca Herrera for her selection as a role model for the City of El Paso.

SR 542 by Shapleigh, Commending Guadalupe Hernandez for her selection as a role model for the City of El Paso.

SR 543 by Shapleigh, Commending Nancy Green for her selection as a role model for the City of El Paso.

SR 544 by Shapleigh, Commending Sue Gonzales for her selection as a role model for the City of El Paso.

SR 545 by Shapleigh, Commending Anna Gill for her selection as a role model for the City of El Paso.

SR 546 by Shapleigh, Commending Tina E. Gianes for her selection as a role model for the City of El Paso.

SR 547 by Shapleigh, Commending Soledad "Chole" Alvidrez Galván for her selection as a role model for the City of El Paso.

SR 548 by Shapleigh, Commending Enriqueta Fierro for her selection as a role model for the City of El Paso.

SR 549 by Shapleigh, Commending Teresa Fernandez for her selection as a role model for the City of El Paso.

SR 550 by Shapleigh, Commending Ruth Deerman for her selection as a role model for the City of El Paso.

SR 551 by Shapleigh, Commending Dolores De Avila for her selection as a role model for the City of El Paso.

SR 552 by Shapleigh, Commending Rosario Chavez for her selection as a role model for the City of El Paso.

SR 553 by Shapleigh, Commending Laura Chapman for her selection as a role model for the City of El Paso.

SR 554 by Shapleigh, Commending Colonel Heidi V. Brown for her selection as a role model for the City of El Paso.

SR 555 by Shapleigh, Commending Janet Bartlett for her selection as a role model for the City of El Paso.

SR 556 by Shapleigh, Commending Norma Ayala for her selection as a role model for the City of El Paso.

SR 557 by Shapleigh, Commending Sylvia Aguilar for her selection as a role model for the City of El Paso.

SR 559 by West, Commending Greg Hill of Hamilton Park for achieving the rank of Eagle Scout.

SR 560 by Barrientos, Commending Denise Fleming for her contributions to the arts.

SR 564 by Staples, Commemorating the dedication of a Historic Texas Cemetery medallion and plaque at Wilson Chapel Cemetery in Newton County.

848 78th Legislature — Regular Session 46th Day

SR 568 by VanideiPutte, Commending Luther Parker for his service to the profession of pharmacy.

SR 569 by Zaffirini and Ellis, Commending Beth Miller for "Clearwater," her award-winning ecologically sustainable garden.

SR 570 by Harris, Commending Diana Rhein for contributing to the educational system of Texas.

SR 571 by Harris, Commending Gloria Rubio for contributing to the educational system of Texas.

SR 572 by Harris, Commending Jean Stevens for contributing to the educational system of Texas.

SR 573 by Harris, Commending Mary Patricia Taylor for contributing to the educational system of Texas.

SR 574 by Harris, Commending Shawntalez Tezeno for contributing to the educational system of Texas.

SR 575 by Harris, Commending Debbie Yarger for contributing to the educational system of Texas.

SR 576 by Harris, Commending Paul Chapinduka for contributing to the educational system of Texas.

SR 577 by Harris, Commending Helen Christine Alderman for contributing to the educational system of Texas.

SR 578 by Harris, Commending Kathryn Anthony for contributing to the educational system of Texas.

SR 579 by Harris, Commending Basilia Delgado for contributing to the educational system of Texas.

SR 580 by Harris, Commending Vania Folegatti for contributing to the educational system of Texas.

SR 581 by Harris, Commending Stefanie Gerron for contributing to the educational system of Texas.

SR 582 by Harris, Commending Tara L. Harris for contributing to the educational system of Texas.

SR 583 by Harris, Commending Tiffany Hawkins for contributing to the educational system of Texas.

SR 584 by Harris, Commending Marissa Hellawell Maier for contributing to the educational system of Texas.

SR 585 by Harris, Commending Lidia Morris for contributing to the educational system of Texas.

SR 586 by Harris, Commending Hanah McElroy for contributing to the educational system of Texas.

Monday, April 7, 2003 SENATE JOURNAL 849

SR 587 by Harris, Commending Dave Perry for contributing to the educational system of Texas.

SR 588 by Harris, Commending Suzanne Puckett for contributing to the educational system of Texas.

SR 589 by Harris, Commending Elizabeth Worling for contributing to the educational system of Texas.

HCR 54 (West), Honoring Eli and Earlie Mae Davis of Dallas on their 50th wedding anniversary.

HCR 55 (West), Recognizing the National Bar Association's 23rd Annual Mid-Year Conference and the Gertrude E. Rush Award Dinner.

ADJOURNMENT

Pursuant to a previously adopted motion, the Senate at 4:01ip.m. adjourned, in memory of the victims of the Queen Isabella Causeway tragedy and Bobby Joe Hill of El Paso, until 11:00ia.m. tomorrow.

AAAPPENDIXAA

COMMITTEE REPORTS

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

April 7, 2003

CRIMINAL JUSTICEi—iSBi631 (Amended)

INTERGOVERNMENTAL RELATIONSi—iSJRi45, CSSBi234, CSSBi633, CSSBi634, CSSBi733, CSSBi1021, CSSBi1022

BUSINESS AND COMMERCEi—iSBi909, SBi1070, SBi1071, SBi1072, SBi1238, SBi1281, SBi1454

STATE AFFAIRSi—iSBi984, SBi1087, SBi1088, SBi1331, CSSBi7, CSSBi703, CSSBi1091

INTERGOVERNMENTAL RELATIONSi—iCSSBi402

VETERAN AFFAIRS AND MILITARY INSTALLATIONSi—iSBi719, SBi720, SBi988, SBi983

NATURAL RESOURCESi—iSBi640, SBi643, SBi985, SBi1084, SBi1140, SBi1484, CSSBi1603, SBi1877, SJRi30, CSSBi619

EDUCATIONi—iCSSBi13, CSSBi596, CSSBi894, CSSBi930, CSSBi1240

850 78th Legislature — Regular Session 46th Day

INTERGOVERNMENTAL RELATIONSi—iCSSBi420

NATURAL RESOURCESi—iCSSBi155, CSSBi624, CSSBi644, CSSBi745

JURISPRUDENCEi—iCSSBi853, CSSBi1059, CSSBi1010, CSSBi122, CSSBi141, CSSBi1156, CSSBi1157, CSSBi1501, CSSBi1017

EDUCATIONi—iSBi1624, CSSBi1488, CSSBi1109, CSSBi251, CSSBi1373

BUSINESS AND COMMERCEi—iCSSBi521

NATURAL RESOURCESi—iCSSBi623

BUSINESS AND COMMERCEi—iCSSBi422

Monday, April 7, 2003 SENATE JOURNAL 851

In Memory

of

The Victims of the Queen Isabella Causeway Tragedy

Senate Resolution 565

WHEREAS, The Senate of the State of Texas joins citizens across Texas in mourning the loss of the people who died on September 15, 2001, and in recognizing those who participated in rescue efforts and those who survived when the Queen Isabella Causeway collapsed; and

WHEREAS, A string of four barges pushed by a tugboat slammed into the bridge early on that fateful morning, toppling a 160-foot section and sending several cars and trucks into the water more than 80 feet below; and

WHEREAS, The eight people who lost their lives were Robert "Bob" Harris, Gaspar Saenz Hinojosa, Robin Leavell, Hector Martinez, Jr., Julio Mireles, Stvan Francisco Rivas, Chealsa Welch, and Barry Welch; and

WHEREAS, Through the heroic and cooperative efforts of individuals and members of federal, state, and local agencies, three people were rescued; the survivors are Brigette Goza of Port Isabel, Rene Mata of Laguna Vista, and Gustavo Morales, Jr., of Brownsville; and

WHEREAS, Many are credited with working diligently and bravely together in the rescue and recovery mission and afterwards in the extensive reconstruction of the bridge, which was reopened November 21, 2001; those participating included members of the United States Coast Guard, the American Red Cross, the Texas Department of Public Safety, the Texas Department of Transportation, the Texas Parks and Wildlife Department, the Port Isabel, Brownsville, San Benito, Weslaco, Los Fresnos, and South Padre Island emergency medical services, police, fire, and public works personnel, and other state and federal agencies, as well as many other private businesses in South Texas; and

WHEREAS, It is appropriate that the people who lost their lives and the individual volunteers and governmental agencies involved in the extraordinary rescue and recovery efforts at the Queen Isabella Causeway collapse forever be remembered; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 78th Legislature, hereby extend sincere condolences to the friends and families of those who lost their lives in the Queen Isabella Causeway tragedy on September 15, 2001, and join the survivors in expressing deepest gratitude to the many people who worked in the rescue and recovery efforts; and, be it further

RESOLVED, That a copy of this Resolution be prepared as an expression of sympathy from the Texas Senate, and that when the Senate adjourns this day, it do so in memory of Robert Harris, Gaspar Saenz Hinojosa, Robin Leavell, Hector Martinez, Jr., Julio Mireles, Stvan Francisco Rivas, Chealsa Welch, and Barry Welch.

LUCIO

852 78th Legislature — Regular Session 46th Day

In Memory

of

Bobby Joe Hill

Senate Resolution 563

WHEREAS, The Senate of the State of Texas joins the citizens of EliPaso and Texans across the state in mourning the loss of Bobby Joe Hill, who died December 8, 2002, at the age of 59; and

WHEREAS, Bobby Joe Hill was the point guard for the Texas Western College basketball team that defeated the University of Kentucky team 72-65 to win the National Collegiate Athletic Association Championship on Marchi19, 1966; the game made history because it marked the first occasion when five black starters captured a championship title against five white players; the victory was especially significant because it occurred during the volatile era of struggles for civil rights; and

WHEREAS, The landmark game, marked a major turning point in Bobby Joe Hill's life, and he became universally respected for his athleticism, and, more importantly, beloved for his generous and humble spirit and for his kindness and warmth toward everyone he encountered; and

WHEREAS, On the basketball court, however, Bobby Joe Hill's ready smile and ever cheerful nature gave way to the character of a tenacious and disciplined athlete who had no equal in playing defense; and

WHEREAS, Bobby Joe later put his athletic prowess to use playing on one of the best city leagues in El Paso for Union Furniture, and he took great delight in participating in some of the greatest Sunday pick-up games ever to take place in the city at the Bowie High School gymnasium during the 1970s; and

WHEREAS, Everywhere this revered man went and regardless of the circumstances in which he found himself, he always exuded an air of deep human decency, and he had the rare ability to relate to people of all ages and to make friends out of complete strangers; and

WHEREAS, Bobby Joe's gifts and talents as a basketball player were only part of this extraordinary man's legacy; he was a highly devoted family man who was a proud father and who enjoyed a happy marriage to Tina Hill for 37 years; and

WHEREAS, A man of integrity, strength, and generosity, Bobby Joe gave unselfishly of his time to others, and his wisdom, warmth, and sense of humor will not be forgotten by those who knew him; and

WHEREAS, Bobby Joe Hill lived his life to the fullest, and he leaves behind memories that will be treasured forever by his family and many friends; now, therefore, be it

Monday, April 7, 2003 SENATE JOURNAL 853

RESOLVED, That the Senate of the State of Texas, 78th Legislature, hereby extend sincere condolences to the bereaved family of Bobby Joe Hill; and, be it further

RESOLVED, That a copy of this Resolution be prepared for the members of his family as an expression of deepest sympathy from the Texas Senate, and that when the Senate adjourns this day, it do so in memory of Bobby Joe Hill.

SHAPLEIGH

854 78th Legislature — Regular Session 46th Day

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