SEVENTY-EIGHTH LEGISLATURE — REGULAR SESSION
AUSTIN, TEXAS
PROCEEDINGS
FIFTY-EIGHTH DAY
(Tuesday, April 29, 2003)
The Senate met at 11:00 a.m. pursuant to adjournment and was called to order by the President.
The roll was called and the following Senators were present:iiArmbrister, Averitt, Barrientos, Bivins, Brimer, Carona, Deuell, Duncan, Ellis, Estes, Fraser, Gallegos, Harris, Hinojosa, Jackson, Janek, Lindsay, Lucio, Madla, Nelson, Ogden, Ratliff, Shapiro, Shapleigh, Staples, VanideiPutte, Wentworth, West, Whitmire, Williams, Zaffirini.
The President announced that a quorum of the Senate was present.
The Reverend Dr. Stephen Lowell Swisher, Trinity-First United Methodist Church, El Paso, offered the invocation as follows:
O God, come nearer to us than we have ever known and stay with us through the deliberations of this day. I ask You to bless David Dewhurst and each Senator in this moment. Be with Bill Ratliff, Bob Deuell, Todd Staples, Tommy Williams, Steve Ogden, Mario Gallegos, John Whitmire, Florence Shapiro, Chris Harris, Kim Brimer, Mike Jackson, Jane Nelson, Rodney Ellis, Gonzalo Barrientos, John Carona, Kyle Janek, Ken Armbrister, Jon Lindsay, Frank Madla, Juan Hinojosa, Judith Zaffirini, Kip Averitt, Royce West, Troy Fraser, Jeff Wentworth, Leticia VanideiPutte, Eddie Lucio, Robert Duncan, Eliot Shapleigh, Craig Estes, and Teel Bivins. Touch their families and staff members in a unique and significant way as well.
Help us as a state and nation to see that our strongest defense lies in our homes, our schools, and our churches, where is built the character that gives free people the power to win their freedom and to hold it. May we never forget that it is only under God that this nation or any nation can be free.
We pray in this moment that You would put feet to our faith and reality to our religion. And may this minute of prayer find each of us reaching out for Your help and guidance. Hear our prayers and be with us this day. Thank you Lord. 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.
CO-AUTHOR OF SENATE BILL 76
On motion of Senator Zaffirini, Senator Hinojosa will be shown as Co-author of SBi76.
CO-AUTHORS OF SENATE BILL 113
On motion of Senator VanideiPutte, Senators Hinojosa and Lucio will be shown as Co-authors of SBi113.
CO-AUTHOR OF SENATE BILL 963
On motion of Senator Shapleigh, Senator Lucio will be shown as Co-author of SBi963.
CO-AUTHOR OF SENATE BILL 1077
On motion of Senator Shapleigh, Senator Lucio will be shown as Co-author of SBi1077.
CO-AUTHOR OF SENATE BILL 1176
On motion of Senator Harris, Senator Lucio will be shown as Co-author of SBi1176.
CO-AUTHOR OF SENATE BILL 1560
On motion of Senator Madla, Senator Wentworth will be shown as Co-author of SBi1560.
CO-AUTHOR OF SENATE BILL 1642
On motion of Senator Staples, Senator Ratliff will be shown as Co-author of SBi1642.
CO-AUTHORS OF SENATE RESOLUTION 607
On motion of Senator Brimer, Senators Estes, Harris, and Nelson will be shown as Co-authors of SRi607.
MESSAGE FROM THE HOUSE
HOUSE CHAMBER
Austin, Texas
April 29, 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:
1188 78th Legislature — Regular Session 58th Day
THE HOUSE HAS PASSED THE FOLLOWING MEASURES:
HB 730, Relating to residential construction, including certain warranties, building and performance standards, and dispute resolution; providing an administrative penalty.
HB 2292, Relating to the provision of health and human services in this state, including the powers and duties of the Health and Human Services Commission and other state agencies; providing penalties.
HCR 211, Recognizing April 29, 2003, as Holocaust Remembrance Day.
HCR 222, Designating April 29, 2003, as Dale Earnhardt Day in Texas.
Respectfully,
/s/Robert Haney, Chief Clerk
House of Representatives
AT EASE
The President at 11:10ia.m. announced the Senate would stand At Ease subject to the call of the Chair.
IN LEGISLATIVE SESSION
Senator Whitmire at 11:25ia.m. called the Senate to order as In Legislative Session.
PERMISSION TO INTRODUCE BILL
Senator Wentworth moved to suspend Senate Rule 7.07(b) and Section 5, ArticleiIII, of the Texas Constitution to permit the introduction of the following bill:iiSB 1929.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
SENATE BILLS ON FIRST READING
The following bills were introduced, read first time, and referred to the committees indicated:
SB 1928 by Staples
Relating to the boundaries of the Athens Municipal Water Authority. (Local Bill)
To Committee on Natural Resources.
SB 1929 by West
Relating to the creation of the TexasNextStep grant program to pay tuition and required fees and textbook costs of certain students enrolled in two-year public institutions of higher education in this state.
To Subcommittee on Higher Education.
SB 1930 by Staples
Relating to the board of directors and the powers of the Lone Star Groundwater Conservation District; validating certain actions and proceedings of the district. (Local Bill)
To Committee on Natural Resources.
Tuesday, April 29, 2003 SENATE JOURNAL 1189
HOUSE BILLS ON FIRST READING
The following bills received from the House were read first time and referred to the committees indicated:
HB 298 to Committee on Natural Resources.
HB 406 to Committee on Criminal Justice.
HB 408 to Committee on State Affairs.
HB 2169 to Committee on Education.
HOUSE BILL 156 REREFERRED
Senator Ogden submitted a Motion In Writing requesting that HBi156 be withdrawn from the Committee on Intergovernmental Relations and rereferred to the Committee on Infrastructure Development and Security.
The Motion In Writing prevailed without objection.
HOUSE BILL 157 REREFERRED
Senator Ogden submitted a Motion In Writing requesting that HBi157 be withdrawn from the Committee on Intergovernmental Relations and rereferred to the Committee on Infrastructure Development and Security.
The Motion In Writing prevailed without objection.
GUESTS PRESENTED
Senator Wentworth was recognized and introduced to the Senate the following SBC Texas Pioneers representatives:iiJudy McCallum of Dallas and Jerie Orr of Austin representing the Texas Pride Chapter, and Janis Beach of Beaumont and Dale Hart of San Antonio representing the South Texas Chapter, accompanied by other members of the SBC Texas Pioneers.
The Senate welcomed its guests.
SENATE RESOLUTION 607
Senator Brimer offered the following resolution:
WHEREAS, The Senate of the State of Texas takes pleasure in joining citizens across the state in congratulating Russell Don "Red" Steagall on his induction into the National Cowboy & Western Heritage Museum's prestigious Hall of Great Westerners; and
WHEREAS, Red Steagall was honored at the museum's 42nd Western Heritage Awards ceremonies; through his induction into the Hall of Great Westerners, he will join other writers, poets, explorers, Native American leaders, and statesmen who represent the heart and spirit of America's western heritage; and
WHEREAS, Red will also receive the 2002 Wrangler Award for his album, Wagon Tracks; it will be the fifth Wrangler Award he has received for original songs and traditional western albums; and
WHEREAS, Red grew up in the Texas panhandle and earned a degree in animal science from West Texas State University, which serves him well in his quarter horse operation on his ranch west of Fort Worth; and
1190 78th Legislature — Regular Session 58th Day
WHEREAS, While in college, Red formed a band and started playing at rodeo dances on the weekends; he eventually formed a publishing company with Jimmy Bowen; he moved to Hollywood in the 1960s, and he and Don Lanier penned the song "Here We Go Again," which was recorded by Ray Charles; Red regards the recording of that song as the turning point in his professional career; and
WHEREAS, In 1970, Red recorded "Party Dolls and Wine," the first of his many hits; he takes pride in proclaiming his songs are lyric oriented and that they tell the true story of the cowboy–someone who makes his living on horseback and with the land and who is dedicated to his way of life; and
WHEREAS, As a songwriter, Red has had more than 200 compositions recorded, and has released 26 consecutive records on the national charts and 20 albums; he has published two books embracing the Western lifestyle and has appeared in a number of movies; he has also appeared on numerous television shows and performed in Las Vegas and Reno; and
WHEREAS, An exemplary gentleman and a highly acclaimed writer, performer, and rancher, Red Steagall has spent his life preserving and interpreting the cowboy traditions; the Texas Legislature in 1991 proclaimed him the official Cowboy Poet of Texas; and
WHEREAS, The master cowboy storyteller has used his music to convey his heartfelt love for a people and a way of life that will continue to exist as long as poets and dreamers, men of character and honor like himself, perpetuate the West in story and song; now, therefore, be it
RESOLVED, That the Senate of the State of Texas, 78th Legislature, hereby commend Russell Don Steagall for his exceptional talent and many achievements and extend congratulations to him for his induction into the Hall of Great Westerners at the National Cowboy & Western Heritage Museum; and, be it further
RESOLVED, That a copy of this Resolution be prepared for him as an expression of highest esteem from the Texas Senate.
The resolution was read and was adopted by a viva voce vote.
GUEST PRESENTED
Senator Brimer was recognized and introduced to the Senate Russell Don "Red" Steagall.
The Senate welcomed its guest.
PHYSICIAN OF THE DAY
Senator Barrientos was recognized and presented Dr.iEugene David Tampampe of Austin as the Physician of the Day.
The Senate welcomed Dr. Tampampe and thanked him for his participation in the Physician of the Day program sponsored by the Texas Academy of Family Physicians.
GUESTS PRESENTED
Senator Estes was recognized and introduced to the Senate a delegation of citizens from the City of Seymour.
The Senate welcomed its guests.
Tuesday, April 29, 2003 SENATE JOURNAL 1191
SENATE RESOLUTION 668
Senator Lindsay offered the following resolution:
WHEREAS, On April 29, 2003, residents from Katy are gathering in Austin to celebrate Katy Day at the State Capitol; and
WHEREAS, First settled in 1872 and originally known as Cane Island, Katy took its present-day name from the Missouri, Kansas and Texas Railroad, which built through the area in the 1890s; the city was formally incorporated in 1945 and is located in three counties–Harris, Fort Bend, and Waller; and
WHEREAS, In the early days, the town's prosperity derived from the production of cotton, peanuts, and corn, but those crops were eclipsed after William Eule introduced rice farming in 1901; natural gas was discovered in 1934, and during World War II the size of the field's reserves, coupled with its proximity to Houston-area refineries, made it the most important gas-condensate field in the United States; today, Katy remains an important rail and agricultural center and continues to profit from one of the largest gas fields in the Lone Star State; and
WHEREAS, Among the town's cultural assets are Heritage Park, home to a number of historic buildings that have been restored by the Katy Heritage Society, and the Katy Veterans Memorial Museum, which features military exhibits of every foreign conflict involving the United States; and
WHEREAS, Residents of this fine city enjoy commemorating its heritage each year at the Katy Rice Harvest Festival, sponsored by the Katy Area Chamber of Commerce; this celebration, which draws more than 50,000 people over a two-day period, is being held again on October 11-12, 2003; in addition, numerous parks in the city provide year-round opportunities for a wide range of recreational activities; and
WHEREAS, The award-winning Katy Independent School District (KISD) provides young Texans with a top-notch education and is considered one of the strongest and most competitive school districts in the state, as exemplified by the fact that it is one of only three large districts to have held the distinction of a "recognized" rating from the Texas Education Agency continuously since 1997; and
WHEREAS, Other indicators of the district's success include student achievement levels that in 2001-2002 met state standards for "exemplary" in both reading and math; KISD has 13 National Blue Ribbon Schools of Excellence, as well as an award-winning Partners in Education program, which provides approximately one volunteer for every three children in the district; furthermore, KISD is the first school district in the world to adopt a Junior Achievement (JA) "whole district" approach, providing the JA curriculum at each grade level and every campus; and
WHEREAS, This charming town prides itself on making sure "You'll Love Katy," and such organizations as Katy VFW Post No. 9182 contribute to making the community special; the post has received national awards for its exemplary community services; and
WHEREAS, The city is also the proud hometown of several talented citizens who have gained national attention; accomplished actress Renee Zellweger, a native of Katy, has won numerous awards for her performances in Nurse Betty, Bridget Jones's Diary, and Chicago; country western superstar Clint Black also grew up in
1192 78th Legislature — Regular Session 58th Day
WHEREAS, Situated a scant 25 miles west of downtown Houston, Katy offers ready access to all the benefits of a big city while affording its residents the friendly community life of a small town; the citizens of Katy are embracing the myriad challenges and opportunities of the future while continuing to build on their history, and it is indeed most appropriate to pay tribute to them at this time; now, therefore, beiit
RESOLVED, That the Senate of the 78th Texas Legislature hereby recognize April 29, 2003, as Katy Day at the State Capitol and extend to the delegation here today sincere best wishes for an enjoyable and memorable visit.
LINDSAY
JANEK
The resolution was read and was adopted by a viva voce vote.
GUESTS PRESENTED
Senator Lindsay was recognized and introduced to the Senate Greg Turner, Chair, Katy Area Chamber of Commerce; Ann Hodge, President and Chief Executive Officer, Katy Area Chamber of Commerce; Doyle Callender, Mayor of Katy; Dr.iZachary Hodges, President, Houston Community College; and Kaye Goolsby, Chair of Government Affairs, Katy Area Chamber of Commerce; accompanied by a delegation of citizens from the City of Katy.
The Senate welcomed its guests.
SENATE RESOLUTION 690
Senator Lucio offered the following resolution:
WHEREAS, The Senate of the State of Texas is pleased to recognize Ramón and Antonia Hernández, on the grand occasion of their 40th wedding anniversary on Aprili27, 2003; and
WHEREAS, Ramón and Antonia Hernández were married on Aprili27, 1963 in Alamo, Texas, after immigrating to the United States from Mexico in search of better opportunities; and
WHEREAS, The world has changed considerably during the years of their marriage, yet Mr. and Mrs. Hernández have cherished traditional family and moral values; and
WHEREAS, Over the years, they have grown stronger in their love and devotion as together they have experienced the joys and sorrows of everyday living; and
WHEREAS, Mr. and Mrs. Hernández have been blessed with a wonderful family; their children and their spouses, Juan R. and Cherie Hernández, Hector A. and Sandra Hernández, Oscar A. and Cris Hernández, María C. Hernández and Eric Edwards, Laura I. Hernández, Sandra P. Hernández, and Lucy Hernández, and their grandchildren, Andrew, Alexander, and Isabella Hernández, Jorge and Taylor Hernández, and Oscar and Helena Hernández, have been a source of much pride and joy; and
Tuesday, April 29, 2003 SENATE JOURNAL 1193
WHEREAS, Ramón and Antonia Hernández did not complete an education past the third grade and a General Equivalency Diploma, respectively, but they have always stressed the importance of a good education; all seven of their children have completed their undergraduate degrees, and two of them have gone on to complete master's degrees; and
WHEREAS, A 40th wedding anniversary is indeed a special event in the lives of two people, and Ramón and Antonia Hernández may reflect with great pride on the life they have built together; now, therefore, be it
RESOLVED, That the Senate of the State of Texas, 78th Legislature, hereby join the family of Mr. and Mrs. Ramón Hernández in extending best wishes to them and congratulations on their 40th wedding anniversary; and, be it further
RESOLVED, That a copy of this Resolution be prepared for this distinguished couple as a memento of this special day in their lives.
The resolution was read and was adopted by a viva voce vote.
GUESTS PRESENTED
Senator Lucio was recognized and introduced to the Senate Ramón and Antonia Hernández and their daughter, María Hernández.
The Senate welcomed its guests.
GUESTS PRESENTED
Senator Barrientos was recognized and introduced to the Senate Essa Bokarr Sey, Ambassador of The Gambia to the United States, accompanied by Rachel Herwig, his personal assistant.
The Senate welcomed its guests.
REPORT OF COMMITTEE ON NOMINATIONS
Senator Lindsay submitted the following report from the Committee on Nominations:
We, your Committee on Nominations, to which were referred the following appointments, have had same under consideration and report them back to the Senate with a recommendation that they be confirmed:
Judge, 408th Judicial District Court, Bexar County:iiRebecca Simmons, Bexar County.
Members, Texas State Board of Public Accountancy:iiJ.iCoalter Baker, Travis County; Marcela E. Donadio, Harris County; David D. Duree, Midland County; Carlos Madrid,iJr., Bexar County; Paula Martina Mendoza, Harris County; OrvilleiW. Mills, Jr., Fort Bend County; Joseph W. Richardson, Harris County; JohniW. Steinberg, Bexar County; Melanie G. Thompson, Comal County; John A. Walton, Dallas County.
Member, Texas Alcoholic Beverage Commission:iiKelton Gray Seliger, Randall County.
Members, Texas Building and Procurement Commission:iiTom Beard, Brewster County; StuartiS. Coleman, Brown County; Noe Fernandez, Hidalgo County.
1194 78th Legislature — Regular Session 58th Day
Members, Parks and Wildlife Commission:iiNed S. Holmes, Harris County; Donato David Ramos, Webb County; Kelly Rising, Jefferson County.
Member, University of North Texas System Board of Regents:iiJohn Robert "Bobby" Ray, Collin County.
Members, Texas Board on Aging:iiFrances Ann Brown, Denton County; Mi Yun "Maryann" Choi,iM.D.,iM.P.H., Williamson County; Deborah Ann Hoffpauir, Collin County.
Members, Credit Union Commission:iiGarold R. Base, Collin County; JamesiK. Burnett, Denton County; Rufino Carbajal,iJr., El Paso County.
Members, Board of Nurse Examiners:iiDeborahiH. Bell, Taylor County; Virginia Milam Campbell, Dallas County; Lawrence John Canfield, Bell County; Phyllis Caves Rawley, El Paso County.
Members, Texas Optometry Board:iiJudy McClendon Eidson, Bexar County; Fred FariasiIII,iO.D., Hidalgo County; Sharon LaRuth Johnson, Tarrant County.
Member, State Board for Educator Certification:iiCarlen Pool Floyd, Travis County.
Member, Texas Board of Professional Engineers:iiShannoniK. McClendon, Hays County.
NOTICE OF CONSIDERATION OF NOMINATIONS
Senator Lindsay gave notice that he would tomorrow at the conclusion of morning call submit to the Senate for consideration nominations to agencies, boards, and commissions of the state.
GUESTS PRESENTED
Senator Barrientos was recognized and introduced to the Senate graduating seniors from Reagan High School in Austin, accompanied by their teacher.
The Senate welcomed its guests.
SENATE RESOLUTION 681
Senator Ellis offered the following resolution:
WHEREAS, On behalf of the citizens of Texas, the Texas Senate is pleased to join the American Stroke Association, a division of the American Heart Association, in observing May of 2003 as American Stroke Month in Texas; and
WHEREAS, The theme for American Stroke Month 2003 is "Time = Brain"; observation of the month offers advocates for stroke awareness an opportunity to educate the public and policymakers about the devastating effects of stroke; and
WHEREAS, Every 45 seconds, someone in America has a stroke, and every three minutes, someone dies of one; strokes are the third-leading cause of death in the United States, striking about 700,000 Americans each year; and
WHEREAS, Stroke is a leading cause of serious long-term disability, and there are about 4.7 million stroke survivors today; the chance of having a stroke before age 70 is one in 20 for both men and women, and strokes lead to the death and disability of more than 9,800 Texans each year; and
Tuesday, April 29, 2003 SENATE JOURNAL 1195
WHEREAS, The majority of Americans are not aware of their risk factors for a stroke, nor are they aware of the signs and symptoms of an impending stroke; and
WHEREAS, Warning signs of stroke include sudden numbness or weakness of the face, arm, or leg, especially on one side of the body; sudden confusion or trouble speaking or understanding; sudden trouble seeing in one or both eyes; sudden trouble walking, dizziness, or loss of balance or coordination; and sudden severe headache with no known cause; and
WHEREAS, New and effective treatments have been developed to minimize the severity and damaging effects of strokes, such as t-PA, a clot-busting drug to be administered within three hours of the onset of symptoms; now, therefore, be it
RESOLVED, That the Senate of the State of Texas, 78th Legislature, hereby declare May of 2003 American Stroke Month in Texas and urge all Texans to familiarize themselves with the warning signs, symptoms, and risk factors associated with stroke so we might begin to reduce the devastating toll that stroke takes on our state.
The resolution was read and was adopted by a viva voce vote.
HOUSE CONCURRENT RESOLUTION 211
The Presiding Officer, Senator Whitmire in Chair, laid before the Senate the following resolution:
WHEREAS, The Legislature of the State of Texas joins citizens across Texas in observing Holocaust Remembrance Day on April 29, 2003, to honor Holocaust victims, survivors, families, and liberators; and
WHEREAS, Holocaust Remembrance Day unites the entire community in interfaith services and encourages all people to reflect on the consequences of violence against our fellowman; and
WHEREAS, During the annual commemoration, citizens pay their respects to those who lost their lives, honor those who survived, and pray for a future free of hatred and prejudice; and
WHEREAS, Children as well as adults were victims and survivors of the Holocaust; these youngsters created art, journals, and memoirs as a living testimony of their experiences; to honor them, a statewide Holocaust art and literature contest for middle and high school students will be held, and the winning entries will be exhibited at the Capitol Extension on the day of remembrance; and
WHEREAS, Holocaust survivors, liberators, art contest winners, and representatives of Holocaust museums in the state will be honored at a reception; special guests in attendance will include Governor Rick Perry, Lieutenant Governor David Dewhurst, Speaker of the House Tom Craddick, Senator Florence Shapiro, and Representative Joe Nixon; and
WHEREAS, Holocaust Remembrance Day serves as a solemn reminder of the importance of practicing tolerance and respect toward others; now, therefore, be it
1196 78th Legislature — Regular Session 58th Day
RESOLVED, That the 78th Legislature of the State of Texas hereby recognize Aprili29, 2003, as Holocaust Remembrance Day and join in this fitting tribute to the millions of people affected by the Holocaust.
SHAPIRO
The resolution was read.
On motion of Senator Shapiro, the resolution was considered immediately and was adopted by a rising vote of the Senate.
(Senator Bivins in Chair)
(President in Chair)
BILLS SIGNED
The President announced the signing of the following enrolled bills in the presence of the Senate after the captions had been read:
SBi151, SBi209, SBi354, SBi375, SBi491, SBi520, SBi761, SBi979, SBi1430, SBi1580.
MOTION TO SUSPEND
SENATE RULE 3.04
(Posters, Placards, Banners, and Signs)
Senator Gallegos moved to suspend Senate Rule 3.04 to allow a four-minute video recording from his constituents in Senate District 6 to be played during the deliberation of CSHBi1.
Senator Whitmire moved to table the motion to suspend Senate Rulei3.04.
Senator Whitmire then withdrew his motion to table.
Senator Gallegos withdrew his motion to suspend Senate Rulei3.04.
(Senator Lucio in Chair)
(President in Chair)
COMMITTEEiiSUBSTITUTE
HOUSE BILL 1 ON SECOND READING
Senator Bivins moved to suspend the regular order of business to take up for consideration CSHBi1 at this time on its second reading:
CSHB 1, General Appropriations Bill.
The motion prevailed by a viva voce vote.
RECORD OF VOTES
Senators Barrientos, Gallegos, Shapleigh, and VanideiPutte 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 third reading by a viva voce vote.
Tuesday, April 29, 2003 SENATE JOURNAL 1197
RECORD OF VOTES
Senators Barrientos, Gallegos, Hinojosa, Shapleigh, and VanideiPutte asked to be recorded as voting "Nay" on the passage of CSHBi1 to third reading.
COMMITTEEiiSUBSTITUTE
HOUSE BILL 1 ON THIRD READING
Senator Bivins moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHBi1 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi26, Naysi5.
Yeas:iiArmbrister, Averitt, Bivins, Brimer, Carona, Deuell, Duncan, Ellis, Estes, Fraser, Harris, Hinojosa, Jackson, Janek, Lindsay, Lucio, Madla, Nelson, Ogden, Ratliff, Shapiro, Staples, West, Whitmire, Williams, Zaffirini.
Nays:iiBarrientos, Gallegos, Shapleigh, VanideiPutte, Wentworth.
(Senator Harris in Chair)
(President in Chair)
The bill was read third time and was passediby the following vote:iiYeasi26, Naysi5.
Yeas:iiArmbrister, Averitt, Bivins, Brimer, Carona, Deuell, Duncan, Ellis, Estes, Fraser, Harris, Jackson, Janek, Lindsay, Lucio, Madla, Nelson, Ogden, Ratliff, Shapiro, Staples, Wentworth, West, Whitmire, Williams, Zaffirini.
Nays:iiBarrientos, Gallegos, Hinojosa, Shapleigh, VanideiPutte.
BILL ADDED TO
LOCAL AND UNCONTESTED CALENDAR
On motion of Senator Harris and by unanimous consent, Senate Rulei9.04(d) was suspended to allow HBi601 to be added to the Local and Uncontested Calendar scheduled for Thursday, Mayi1, 2003, at 8:00ia.m.
SENATE RULES SUSPENDED
(Posting Rules)
On motion of Senator Shapiro and by unanimous consent, Senate Rule 11.10(a) and Senate Rule 11.18(a) were suspended in order that the Committee on Education might meet and consider SBi166 today.
SENATE RULE 11.18(a) SUSPENDED
(Public Hearings)
On motion of Senator Armbrister and by unanimous consent, Senate Rule 11.18(a) was suspended in order that the Committee on Natural Resources might consider SBi1254 today.
1198 78th Legislature — Regular Session 58th Day
RESOLUTIONS OF RECOGNITION
The following resolutions were adopted by the Senate:
Memorial Resolutions
SCR 47 by Bivins, In memory of William H. Collyns of Midland.
SR 695 by Armbrister, In memory of William Heinz Ratz of Houston.
HCR 64 (Harris), In memory of John W. Holtermann of San Marcos.
HCR 88 (Bivins), Honoring the life of John Lance Foster of Midland.
Congratulatory Resolutions
SR 688 by Shapiro, Commending the Downtown McKinney Association and the downtown property owners for hosting The Best Little BBQ Fest in Texas.
SR 689 by Lucio, Commending Allan Ray Brumley for his contributions to public education in Harlingen and to his community.
SR 693 by Ellis, Commending Earl Loggins of Houston for his leadership in The Houston Club and in the Houston Citizens Chamber of Commerce.
SR 694 by Ellis, Commending the members of the Class of 1953 of Jack Yates Senior High School in Houston for their achievements.
SR 697 by Nelson, Commending Thos. S. Byrne, Limited, in Fort Worth for its service to the City of Fort Worth.
SR 698 by Ratliff, Recognizing Katherine Staat for her 26 years of service with Senate Media Services.
SR 699 by Fraser, Congratulating the citizens of Eastland on the 40th anniversary of the Stamp Mural on display at the Eastland Post Office.
SR 702 by Madla, Congratulating the boys and girls cross-country teams of Iraan High School in Iraan for winning state championships.
SR 703 by Madla, Congratulating Ralph and Jean Rich on their 50th wedding anniversary.
SR 704 by Ratliff, Congratulating Karen Calvert on her 50th birthday.
Official Designation Resolutions
SR 691 by Wentworth, Recognizing April 29, 2003, as Pioneer Day in Texas.
SR 700 by Janek, Recognizing May 22, 2003, as Great Texas Blood Donor Roundup Day at the State Capitol.
HCR 202 (VanideiPutte), Designating May 1, 2003, as Law Day in the State of Texas.
HCR 222 (Brimer), Designating April 29, 2003, as Dale Earnhardt Day in Texas.
ADJOURNMENT
On motion of Senator Whitmire, the Senate at 5:30 p.m. adjourned, in honor of Yom Hashoah, Holocaust Remembrance Day, until 11:00ia.m. tomorrow.
Tuesday, April 29, 2003 SENATE JOURNAL 1199
AAAPPENDIXAA
COMMITTEE REPORTS
The following committee reports were received by the Secretary of the Senate in the order listed:
April 29, 2003
VETERAN AFFAIRS AND MILITARY INSTALLATIONSi—iCSSB 1295, CSSBi1800
HEALTH AND HUMAN SERVICESi—iSB 739, CSSB 865, SB 923 (Amended), CSSBi1226, CSSBi1615, CSSBi1826, HBi1095
FINANCEi—iCSSB 502, CSSB 1522, CSSB 1664
ADMINISTRATIONi—iHB 587, HB 601, HB 641, HBi1049, HBi1234, HBi1522, HBi1677, HBi2091
NATURAL RESOURCESi—iCSSB 1374
INTERGOVERNMENTAL RELATIONSi—iSBi1118, SBi1120, SBi1277, CSSBi1452
HEALTH AND HUMAN SERVICESi—iSBi593, CSSBi1320, CSSBi1498, CSSBi1315
STATE AFFAIRSi—iSB 215, SB 757, SB 891, SJR 51
FINANCEi—iCSSB 480
CRIMINAL JUSTICEi—iCSSB 52, CSSB 143, CSSB 871, CSSBi987, CSSBi1187, CSSBi1248, CSSBi1597
HEALTH AND HUMAN SERVICESi—iHB 1322
EDUCATIONi—iCSSB 671, CSSB 1357
NATURAL RESOURCESi—iCSSB 781, CSSB 1159
INTERGOVERNMENTAL RELATIONSi—iCSSB 689, SB 1002 (Amended), CSSBi1229, SBi1660, CSSBi1661, CSSBi1632, SBi1887
HEALTH AND HUMAN SERVICESi—iCSSB 1392
INTERGOVERNMENTAL RELATIONSi—iCSSB 1612
STATE AFFAIRSi—iCSSB 1415, CSSB 467, CSSB 1618
1200 78th Legislature — Regular Session 58th Day