SEVENTY-NINTH LEGISLATURE — THIRD CALLED SESSION
AUSTIN, TEXAS
PROCEEDINGS
SEVENTH DAY
(Continued)
(Thursday, May 11, 2006)
AFTER RECESS
The Senate met at 11:05 a.m. and was called to order by the President.
MESSAGES FROM THE GOVERNOR
The following Messages from the Governor were read and were filed with the Secretary of the Senate:
OFFICIAL MEMORANDUM
STATE OF TEXAS
OFFICE OF THE GOVERNOR
MESSAGE
TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE SEVENTY-NINTH TEXAS LEGISLATURE, THIRD CALLED SESSION:
WHEREAS, the people of Texas through their state constitution have placed the power to call the legislature into special session in the hands of the chief executive officer of the state; and
WHEREAS, the members of the Seventy-Ninth Texas Legislature, Third Called Session, have now convened to consider items presented to them by the governor;
NOW, THEREFORE, I, RICK PERRY, Governor of the State of Texas, by the authority vested in me by Article IV, Section 8 and Article III, Section 40 of the Texas Constitution, do hereby present the following subject matter to the Seventy-Ninth Texas Legislature, Third Called Session for consideration:
Legislation that provides for the issuance of revenue bonds or other obligations to fund capital projects at public institutions of higher education.
Legislation that provides for an appropriation to the Texas Higher Education Coordinating Board to fund debt service on revenue bonds or other obligations on capital projects at public institutions of higher education.
IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 11th day of May, 2006.
/s/Rick Perry
Governor of Texas
(seal)
ATTESTED BY:
/s/Roger Williams
Secretary of State
OFFICIAL MEMORANDUM
STATE OF TEXAS
OFFICE OF THE GOVERNOR
MESSAGE
TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE SEVENTY-NINTH TEXAS LEGISLATURE, THIRD CALLED SESSION:
WHEREAS, the people of Texas through their state constitution have placed the power to call the legislature into special session in the hands of the chief executive officer of the state; and
WHEREAS, the members of the Seventy-Ninth Texas Legislature, Third Called Session, have now convened to consider items presented to them by the governor;
NOW, THEREFORE, I, RICK PERRY, Governor of the State of Texas, by the authority vested in me by Article IV, Section 8 and Article III, Section 40 of the Texas Constitution, do hereby present the following subject matter to the Seventy-Ninth Texas Legislature, Third Called Session for consideration:
Legislation relating to the recovery and securitization of reasonable and necessary hurricane reconstruction costs incurred by certain electric utilities outside of the Electric Reliability Council of Texas area.
IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 11th day of May, 2006.
/s/Rick Perry
Governor of Texas
(seal)
ATTESTED BY:
/s/Roger Williams
Secretary of State
162 79th Legislature — 3rd Called Session 7th Day (Cont.)
OFFICIAL MEMORANDUM
STATE OF TEXAS
OFFICE OF THE GOVERNOR
MESSAGE
TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE SEVENTY-NINTH TEXAS LEGISLATURE, THIRD CALLED SESSION:
WHEREAS, the people of Texas through their state constitution have placed the power to call the legislature into special session in the hands of the chief executive officer of the state; and
WHEREAS, the members of the Seventy-Ninth Texas Legislature, Third Called Session, have now convened to consider items presented to them by the governor;
NOW, THEREFORE, I, RICK PERRY, Governor of the State of Texas, by the authority vested in me by Article IV, Section 8 and Article III, Section 40 of the Texas Constitution, do hereby present the following subject matter to the Seventy-Ninth Texas Legislature, Third Called Session for consideration:
Legislation relating to relating to appropriations to pay for damages and disruptions suffered by Lamar University and its related institutions caused by Hurricanes Katrina and Rita.
IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 11th day of May, 2006.
/s/Rick Perry
Governor of Texas
(seal)
ATTESTED BY:
/s/Roger Williams
Secretary of State
RESOLUTIONS SIGNED
The President announced the signing of the following enrolled resolutions in the presence of the Senate:iiHCR 32, HCR 33.
PHYSICIAN OF THE DAY
Senator Shapiro was recognized and presented Dr. John Wesley Mercer, Jr., of Richardson as the Physician of the Day.
The Senate welcomed Dr. Mercer and thanked him for his participation in the Physician of the Day program sponsored by the Texas Academy of Family Physicians.
GUESTS PRESENTED
Senator Zaffirini was recognized and introduced to the Senate a delegation of Zapata County officials.
The Senate welcomed its guests.
Thursday, May 11, 2006 SENATE JOURNAL 163
MESSAGE FROM THE HOUSE
HOUSE CHAMBER
Austin, Texas
May 11, 2006
The Honorable President of the Senate
Senate Chamber
Austin, Texas
Mr. President:
I am directed by the House to inform the Senate that the House has taken the following action:
THE HOUSE HAS PASSED THE FOLLOWING MEASURES:
HCR 37, In memory of Officer Billy J. Zachary.
SCR 5, Honoring James D. "Doug" Pitcock, Jr., of Houston as the 2006 Engineer of the Year.
SCR 6, Recognizing the cultural importance of Tejano music and urging Spanish-language radio and television stations to provide improved access to Tejano music.
THE HOUSE HAS TAKEN THE FOLLOWING OTHER ACTION:
HB 2
THE HOUSE HAS REFUSED TO CONCUR IN SENATE AMENDMENTS AND REQUESTS THE APPOINTMENT OF A CONFERENCE COMMITTEE TO ADJUST THE DIFFERENCES BETWEEN THE TWO HOUSES:
(116 Yeas, 19 Nays, and 1 Present, Not Voting)
House Conferees with instructions: Pitts - Chair/Chisum/Kolkhorst/Rose/Woolley
Respectfully,
/s/Robert Haney, Chief Clerk
House of Representatives
CONFERENCE COMMITTEE ON HOUSE BILL 2
Senator Williams called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HBi2 and moved that the request be granted.
The motion prevailed by the following vote:iiYeasi18, Naysi7.
Yeas:iiAveritt, Brimer, Deuell, Duncan, Eltife, Estes, Hinojosa, Janek, Lindsay, Madla, Nelson, Ogden, Seliger, Shapiro, Staples, Wentworth, Whitmire, Williams.
Nays:iiBarrientos, Gallegos, Lucio, Shapleigh, VanideiPutte, West, Zaffirini.
Absent:iiArmbrister, Ellis, Fraser, Harris, Jackson.
Absent-excused:iiCarona.
164 79th Legislature — 3rd Called Session 7th Day (Cont.)
The President asked if there were any motions to instruct the conference committee on HBi2 before appointment.
Senator Shapleigh moved to instruct the conferees to honor the intent of the Senate on the investment in public education and to honor that dedication language to public education.
On motion of Senator Williams, the motion to instruct was tabled by the following vote:iiYeasi16, Naysi9.
Yeas:iiBrimer, Deuell, Duncan, Eltife, Estes, Hinojosa, Janek, Lindsay, Madla, Nelson, Ogden, Seliger, Shapiro, Staples, Wentworth, Williams.
Nays:iiAveritt, Barrientos, Gallegos, Lucio, Shapleigh, VanideiPutte, West, Whitmire, Zaffirini.
Absent:iiArmbrister, Ellis, Fraser, Harris, Jackson.
Absent-excused:iiCarona.
The President announced the appointment of the following conferees on the part of the Senate:iiSenators Williams, Chair; Brimer, Averitt, Armbrister, and Hinojosa.
SENATE RULES SUSPENDED
(Posting Rules)
On motion of Senator Zaffirini and by unanimous consent, Senate Rule 11.10(a) and Senate Rule 11.18(a) were suspended in order that the Subcommittee on Capital Funding for Higher Education might meet and consider SB 46 today.
GUESTS PRESENTED
Senator Staples was recognized and introduced to the Senate a group of fourth-grade students and teachers from Brandon Elementary School in Lufkin.
The Senate welcomed its guests.
MOTION TO ADJOURN
On motion of Senator Whitmire and by unanimous consent, the Senate at 11:46ia.m. agreed to adjourn, in memory of John Kimbrough of Haskell and Cliff Morton of San Antonio, pending receipt of Messages from the House, Committee Reports, and upon completion of the introduction of bills and resolutions on first reading, until 10:00ia.m. tomorrow.
AT EASE
The President at 11:46 a.m. announced the Senate would stand At Ease subject to the call of the Chair.
(Friday, May 12, 2006)
IN LEGISLATIVE SESSION
President Pro Tempore West at 9:30 a.m. called the Senate to order as In Legislative Session.
Thursday, May 11, 2006 SENATE JOURNAL 165
MESSAGE FROM THE HOUSE
HOUSE CHAMBER
Austin, Texas
May 12, 2006
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 63, Relating to appropriations to pay for damages and disruptions suffered by Lamar University and its related institutions caused by Hurricanes Katrina and Rita.
HB 72, Relating to providing for an adjustment of the limitation on the total amount of ad valorem taxes that may be imposed by a school district on the residence homesteads of the elderly or disabled to reflect any change in the school district's tax rate and protecting a school district against the resulting loss in local revenue.
HB 153, Relating to authorizing the issuance of revenue bonds or other obligations to fund capital projects at public institutions of higher education; making an appropriation.
HB 154, Relating to the administration of the Irma Rangel School of Pharmacy.
HCR 44, Commemorating the 150th anniversary of Uvalde County.
HJR 26, Proposing a constitutional amendment providing for an adjustment of the limitation on the total amount of ad valorem taxes that may be imposed for public school purposes on the residence homesteads of the elderly or disabled to reflect any change in the rate of those taxes.
Respectfully,
/s/Robert Haney, Chief Clerk
House of Representatives
SENATE BILLS ON FIRST READING
The following bills were introduced, read first time, and referred to the committees indicated:
SB 47 by Janek
Relating to the provision of children's substitute care and case management services by county governmental agencies.
To Committee on Health and Human Services.
SB 48 by Brimer
Relating to authority of certain enterprise projects to receive franchise tax credits for job creation and capital investment.
To Committee on Finance.
166 79th Legislature — 3rd Called Session 7th Day (Cont.)
HOUSE BILLS AND RESOLUTION ON FIRST READING
The following bills and resolution received from the House were read first time and referred to the committees indicated:
HB 63 to Committee on Finance.
HB 72 to Committee on Finance.
HB 153 to Committee on Finance.
HB 154 to Committee on Finance.
HJR 26 to Committee on Finance.
RESOLUTIONS OF RECOGNITION
The following resolutions were adopted by the Senate:
Memorial Resolution
SRi200iby Armbrister,iIn memory of Patrick Hughes Keefe, Jr., of Victoria.
Congratulatory Resolutions
SRi196iby Lindsay,iCommending Jared Alexander Camarata for achieving the rank of Eagle Scout.
SRi197iby Lindsay,iCommending Michael Scott Lassiter of Houston for achieving the rank of Eagle Scout.
SRi198iby Lindsay,iCommending Joshua K. Straiton for achieving the rank of Eagle Scout.
SRi199iby Lindsay,iCongratulating the band of Cypress Falls High School for being awarded the 2006 Sudler Flag of Honor by the John Philip Sousa Foundation.
ADJOURNMENT
Pursuant to a previously adopted motion, the Senate at 9:34 a.m. Friday, May 12, 2006, adjourned, in memory of John Kimbrough of Haskell and Cliff Morton of San Antonio, until 10:00ia.m. today.
AAAPPENDIXAA
COMMITTEE REPORTS
The following committee reports were received by the Secretary of the Senate in the order listed:
May 12, 2006
FINANCE — CSSJRi7
Thursday, May 11, 2006 SENATE JOURNAL 167