SENATE JOURNAL
EIGHTY-FIRST LEGISLATURE — REGULAR SESSION
AUSTIN, TEXAS
PROCEEDINGS
FOURTH DAY
(Tuesday, January 27, 2009)
The Senate met at 10:30 a.m. pursuant to adjournment and was called to order by
the President.
The roll was called and the following Senators were present:iiAveritt, Carona,
Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa,
Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Seliger, Shapiro,
Shapleigh, Uresti, VanideiPutte, Watson, Wentworth, West, Whitmire, Williams,
Zaffirini.
The President announced that a quorum of the Senate was present.
The Reverend Barry Chinn, Cowboy Church of Travis County, Manchaca,
offered the invocation as follows:
God of grace and glory, we thank You for this day, for life, for liberty,
and every good gift from Your gracious hand. We marvel at Your diverse
handiwork in this great state. You have given us great forests in East Texas,
mountains and deserts in the west, a fertile valley that feeds so many,
windswept plains to grow grains and cotton, and hills and rivers in which to
frolic and play. You have dotted the state with cactus, bluebonnets, and an
entire rainbow of wildflowers in the spring, cattle, coyotes, and other
critters, great and small. You have given us people: hard-working, creative,
resourceful, and as adaptive as the Longhorn. You have filled this great
Senate with exceptional leadership, and now we ask Your grace and wisdom
upon these gentlemen and gentlewomen. May they lead with uncommon
wisdom and valor. May they sense Your hand upon their shoulders, Your
blessings upon their lives and families. May their decisions be wise, their
laws be helpful and encouraging to all who call Texas "my home." 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 21
On motion of Senator Zaffirini, Senator Watson will be shown as Co-author of
SBi21.
CO-AUTHOR OF SENATE BILL 105
On motion of Senator Hinojosa, Senator Eltife will be shown as Co-author of
SBi105.
CO-AUTHOR OF SENATE BILL 296
On motion of Senator West, Senator Deuell will be shown as Co-author of
SBi296.
CO-AUTHOR OF SENATE BILL 469
On motion of Senator Carona, Senator Harris will be shown as Co-author of
SBi469.
CO-AUTHOR OF SENATE BILL 475
On motion of Senator Wentworth, Senator Fraser will be shown as Co-author of
SBi475.
CO-AUTHOR OF SENATE BILL 482
On motion of Senator Ellis, Senator Carona will be shown as Co-author of
SBi482.
MESSAGE FROM THE HOUSE
HOUSE CHAMBER
Austin, Texas
January 27, 2009
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 20, Designating January 27, 2009, as Texas Healthcare Information Technology
Day and commending the participants at the Texas Healthcare Information
Technology Forum and all those responsible for furthering the adoption of health
information technology in Texas.
Respectfully,
/s/Robert Haney, Chief Clerk
House of Representatives
RESOLUTIONS SIGNED
The President announced the signing of the following enrolled resolutions in the
presence of the Senate:iiSCRi2, SCRi3.
38 81st Legislature — Regular Session 4th Day
PHYSICIAN OF THE DAY
Senator Davis was recognized and presented Dr. Richard Young of Fort Worth as
the Physician of the Day.
The Senate welcomed Dr. Young and thanked him for his participation in the
Physician of the Day program sponsored by the Texas Academy of Family
Physicians.
SENATE CONCURRENT RESOLUTION 6
The President laid before the Senate the following resolution:
WHEREAS, Many notable citizens of Lubbock are visiting Austin on
Januaryi27, 2009, to pay tribute to their city's rich heritage and to celebrate Lubbock
Day in the Centennial Anniversary Year of Lubbock; and
WHEREAS, A thriving region of the state, the Lubbock area is home to one of
the oldest inhabited places in Texas, where archeologists have discovered evidence of
some 12,000 years of continuous habitation; known as the Lubbock Lake Landmark
Site, the site is a national historic and state archeological landmark; and
WHEREAS, The City of Lubbock was incorporated almost 100 years ago, on
March 16, 1909; and
WHEREAS, The railroads stimulated Lubbock's growth as a trade center, but
residents also wanted the benefits that an institution of higher learning would bring;
when legislation creating Texas Technological College was finally passed in 1923, the
site selection committee, impressed by the enthusiasm and hospitality of Lubbock
citizens, chose Lubbock for its location; and
WHEREAS, Today a city of approximately 218,000, Lubbock is home to the
Texas Tech University System and its flagship institution, Texas Tech University; and
WHEREAS, Lubbock enjoys a diversified economy that draws its strength from
agribusiness, manufacturing, and commerce, as well as from educational and medical
facilities, boasting the largest medical infrastructure between Dallas and Phoenix; with
the growth of cotton culture on the High Plains, Lubbock has become one of the
world's primary centers for the processing of cottonseed and hybrid grain sorghum
seed; and
WHEREAS, Lubbock also offers a wealth of cultural and recreational
opportunities; among these are the Lubbock Symphony Orchestra, the Lubbock Civic
Ballet, the Museum and Planetarium of Texas Tech University, the Silent Wings
Museum, and many other cultural offerings at Texas Tech University; and
WHEREAS, Those wanting a glimpse of the frontier can find traces of it in the
many restored structures at the Ranching Heritage Center, a 15-acre site tracing the
evolution of ranch architecture and the history of the cattle industry, as well as at the
American Wind Power Center and the American Museum of Agriculture; and
WHEREAS, The musical talent that has come from the Lubbock area has
included the likes of Buddy Holly, Roy Orbison, the Maines Family, Virgil Johnson
and the Velvets, Waylon Jennings, Tanya Tucker, Joe Ely, Jimmie Dale Gilmore, and
Butch Hancock and has earned Lubbock recognition as "The Music Crossroads of
Texas"; and
Tuesday, January 27, 2009 SENATE JOURNAL 39
WHEREAS, In 2008, Lubbock and the area were home to three-time National
Collegiate Athletic Association championship winner in cross-country, Sally
Kipyego; home to the 2008 National Association of Intercollegiate Athletics softball
championship team at Lubbock Christian University; home to the 2008 National
Junior Collegiate Athletic Association championship South Plains College mens
basketball team; home to American Football Coaches Association All-American and
Johnny Unitas Golden Arm Award winner Graham Harrell, Texas Tech University's
Academic-All-Big-12 quarterback who led his team to a Big 12 South
Cochampionship while posting a grade point average of 4.0; home to Biletnikoff
Award winner, Paul Warfield Award winner and Associated Press First-Team All
American Michael Crabtree of Texas Tech University; and
WHEREAS, Lubbock's leadership in business was spotlighted on the national
stage when in 2008 the Lubbock Chamber of Commerce was named the best chamber
of commerce in the nation by the American Chamber of Commerce Executives, again
recently as Lubbock businesswoman Beth Ashmore led the National Association of
Health Underwriters as president of the board, again as Lubbock's Annette Sykora
chaired the National Automobile Dealers Association, again when Lubbock-based
City Bank was named one of the best places to work in the nation, and again as
Lubbock's Wally Darneille led the board of the International Cotton Association as
the first American ever to be elected to the board of the prestigious organization; and
WHEREAS, This outstanding record of business and industry leadership
throughout Lubbock's first 100 years continued to bear fruit in 2008 with several
distinctions for Lubbock, including the city being named as the second best and
strongest real estate market in the nation, as the 11th best place to survive a
nationwide economic downturn, and as one of the top places in the nation to do
business; and
WHEREAS, Lubbock continues to foster and grow its business and community
leadership for the future; among the proud Lubbock delegation visiting the Capitol
today are the Leadership Lubbock Class of 2009 and the Focus Lubbock Class of
2009; and
WHEREAS, The citizens of Lubbock have truly kept faith with the founders of
this West Texas community; still renowned for their friendliness and warmth, coupled
with hardiness and determination, they have helped to build a vital urban center that
serves not only a large part of West Texas but also eastern New Mexico; it is a
pleasure for the Texas Senate to pay tribute to the City of Lubbock and its fine
residents; now, therefore, be it
RESOLVED, That the Senate of the State of Texas, 81st Legislature, hereby
recognize January 27, 2009, as Lubbock Day at the State Capitol and extend to the
delegations in attendance today and to all their fellow citizens sincere appreciation for
the bright luster they add to the Lone Star State.
DUNCAN
SCR 6 was read.
On motion of Senator Duncan, the resolution was considered immediately and
was adopted without objection.
All Members are deemed to have voted "Yea" on the adoption of the resolution.
40 81st Legislature — Regular Session 4th Day
GUESTS PRESENTED
Senator Duncan was recognized and introduced to the Senate a delegation of
citizens from the City of Lubbock, accompanied by representatives of the Lubbock
Chamber of Commerce, Lubbock City Council, and the Lubbock Centennial
Committee.
The Senate welcomed its guests.
SENATE RESOLUTION 35
Senator Nelson offered the following resolution:
WHEREAS, The Senate of the State of Texas is pleased to recognize January 26
through January 30, 2009, as Texas Nurse Anesthetists Week; and
WHEREAS, Nurse anesthetists were the first professional group to provide
anesthesia in the United States and are the oldest recognized group of advanced
practice registered nurse specialists; and
WHEREAS, These highly trained registered nurses have completed
graduate-level courses and have passed a national examination to earn the title of
certified registered nurse anesthetist; all graduates of nurse anesthesia educational
programs receive a master's degree upon completion of the rigorous academic and
clinical curriculum; and
WHEREAS, More than two-thirds of our country's rural hospitals rely on
certified registered nurse anesthetists to provide anesthesia care; without these
dedicated nurses, approximately 1,500 facilities would be unable to maintain trauma
stabilization and surgical and obstetrical capabilities, thus forcing many rural
Americans to travel long distances to receive medical care; and
WHEREAS, Every year, certified registered nurse anesthetists working in
hospitals, physicians' offices, surgical centers, and governmental medical facilities
provide millions of patients throughout the country with anesthesia; now, therefore, be
it
RESOLVED, That the Senate of the State of Texas, 81st Legislature, hereby
recognize January 26 through January 30 as Texas Nurse Anesthetists Week and
extend appreciation to all our state's nurse anesthetists for their valuable role in
providing quality health care for our citizens; and, be it further
RESOLVED, That a copy of this Resolution be prepared in honor of these
dedicated health care specialists.
SR 35 was read and was adopted without objection.
GUESTS PRESENTED
Senator Nelson was recognized and introduced to the Senate a delegation of
nurses representing Texas Nurse Anesthetists Week.
The Senate welcomed its guests.
SENATE RESOLUTION 49
Senator Shapleigh offered the following resolution:
WHEREAS, For 35 years, the members of the Texas Probation Association have
provided leadership through training, networking opportunities, and advocacy for
probation professionals throughout the Lone Star State; and
Tuesday, January 27, 2009 SENATE JOURNAL 41
WHEREAS, Established in 1974, the organization represents professionals in the
nearly 300 adult and juvenile probation departments across the state who are
responsible for enforcing court orders, collecting fees, providing offender treatment
and counseling referrals, and collecting restitution for victims; and
WHEREAS, One of the primary goals of the Texas Probation Association and its
membership is to improve public safety while maintaining efficiency for Texas
taxpayers; and
WHEREAS, The probation system provides a cost-effective alternative to
long-term incarceration, providing the courts with additional resources designed to
reduce recidivism and provide treatment for the offender; and
WHEREAS, The Texas Probation Association offers a unified voice to probation
professionals, empowering them to express their concerns, make public their
successes, and articulate their vision for the future; and
WHEREAS, The men and women of the Texas Probation Association are
dedicated to improving the state's criminal and juvenile justice systems, and their
exemplary efforts are building a brighter and more promising future for all Texans;
now, therefore, be it
RESOLVED, That the Senate of the State of Texas, 81st Legislature, hereby
recognize January 27, 2009, as Texas Probation Association Day at the Capitol and
extend to the members of the organization sincere best wishes for the future; and, be it
further
RESOLVED, That a copy of this Resolution be prepared for the members of the
Texas Probation Association as an expression of high regard from the Texas Senate.
SR 49 was read and was adopted without objection.
GUESTS PRESENTED
Senator Shapleigh was recognized and introduced to the Senate a delegation
representing the Texas Probation Association.
The Senate welcomed its guests.
GUESTS PRESENTED
Senator Uresti was recognized and introduced to the Senate a group of students
from Natalia High School, accompanied by the Mayor of Natalia, Ruby Vera.
The Senate welcomed its guests.
SENATE RESOLUTION 33
Senator VanideiPutte offered the following resolution:
WHEREAS, The Senate of the State of Texas is pleased to recognize and pay
tribute to the members of the United States military who have so honorably served our
great nation and state in the armed services and join all Texans in observing
Januaryi27, 2009, as Wounded Warrior Day at the Texas State Capitol; and
WHEREAS, The soldiers, sailors, airmen, and Marines of the United States
military and their families have made extraordinary sacrifices to serve our nation both
abroad and within our own borders; and
42 81st Legislature — Regular Session 4th Day
WHEREAS, Of the more than 1.6 million members of the United States military
who have been deployed since 2001 to Afghanistan and Iraq, 195,241 have been from
Texas; of the 33,608 service members who have been wounded in these conflicts,
3,190 have been from Texas; and
WHEREAS, We are blessed to honor today the wounded warriors who have
returned from these conflicts, including Lance Corporal David Molina, Staff Sergeant
Shawn Green, Staff Sergeant Leroy Petry, Sergeant James Ford, Specialist Razan
Saied, and Corporal Alan R. Babin, Jr.; without their willingness to serve and the
contributions made by them and their families, we could not enjoy many of the
freedoms that make this nation great; and
WHEREAS, These veterans have bravely and selflessly served in defense of our
nation and its democratic ideals; with silent dedication and unmatched grit, they
ensure our safety and security, and it is indeed fitting that all Texans recognize, honor,
and reaffirm their gratitude to these true American heroes; and
WHEREAS, Although these veterans represent many different hometowns and
backgrounds, what unites them is greater than what divides them–a deep and abiding
love of their country; it is for America and all Americans that they leave their homes
and their family and friends in order to guarantee the continuation of those freedoms
etched into the Declaration of Independence and ensured by our Constitution; and
WHEREAS, It is for our service members' willingness to serve to protect these
freedoms that we honor them; now, therefore, be it
RESOLVED, That the Senate of the State of Texas, 81st Legislature, hereby
commend the wounded warriors of our nation for their sacrifice, dedication, and
patriotism, recognizing them, honoring them, and reaffirming the gratitude of all
Texans to these true American heroes; and, be it further
RESOLVED, That a copy of this Resolution be prepared in honor of the
dedication and sacrifice of the men and women of the United States armed services
and their families.
SR 33 was read.
On motion of Senator Shapleigh and by unanimous consent, the names of the
Lieutenant Governor and Senators were added to the resolution as signers thereof.
On motion of Senator VanideiPutte, the resolution was adopted by a rising vote.
GUESTS PRESENTED
Senator VanideiPutte was recognized and introduced to the Senate Lance
Corporal David Molina, United States Marine Corps, and Staff Sergeant Shawn
Green, Staff Sergeant Leroy Petry, Sergeant James Ford, Specialist Razan Saied, and
Corporal Alan Babin, Jr., United States Army; accompanied by Landon Petry, son of
Staff Sergeant Petry; Alan Babin, Sr., Captain, Round Rock Police Department, father
of Corporal Babin; and other family members and wounded warriors.
The Senate welcomed its guests.
Tuesday, January 27, 2009 SENATE JOURNAL 43
MOTION TO ADJOURN
On motion of Senator Whitmire and by unanimous consent, the Senate at
11:15ia.m. agreed to adjourn, upon conclusion of the Joint Session, until 11:00ia.m.
tomorrow.
AT EASE
The President at 11:16ia.m. announced the Senate would stand At Ease to
proceed to the House of Representatives to hear the State of the State Address.
IN JOINT SESSION
(To hear the State of the State Address by the Honorable Rick Perry, Governor of the
State of Texas)
The President announced the time had arrived for the Joint Session pursuant to
the provisions of HCRi19.
The President of the Senate and the Senators present, escorted by the Secretary of
the Senate and the Sergeant-at-Arms, proceeded to the Hall of the House of
Representatives at 11:16 a.m.
The President was announced and, on invitation of the Speaker, occupied a seat
at the Speaker's Rostrum.
The Senators were announced and were admitted and escorted to seats prepared
for them along the aisle.
The Honorable Rick Perry, Governor of the State of Texas, and First Lady Anita
Perry were announced by the Doorkeeper of the House of Representatives.
The Governor and his party were escorted to the Speaker's Rostrum by Senators
Duncan, Shapiro, West, Nelson, and Lucio on the part of the Senate, and
Representatives Paxton, Chair; Button, Elkins, D. Howard, and Lucio on the part of
the House.
The Honorable David Dewhurst, President of the Senate, called the Senate to
order and announced a quorum of the Senate present.
The Honorable Joe Straus, Speaker of the House of Representatives, called the
House to order, announced a quorum of the House present, and stated the purpose of
the Joint Session.
Speaker Straus introduced First Lady Anita Perry.
The President introduced His Excellency Rick Perry, Governor of the State of
Texas, who addressed the Joint Session as follows:
It is truly an honor for me to be here with you today. Lieutenant
Governor Dewhurst, it is a pleasure to share this stage with you as we begin
another session together. Speaker Straus, congratulations on your new role
and the affirmation of your peers it implies. Like we have in the past, I look
forward to working with you in the months to come. Julie, you may have
thought your life was busy before, but it's about to go to a whole new level,
just ask Nadine. Speaking of which, I want to take a minute to recognize my
good friend, Tom Craddick. He and Nadine are stuck at home in an ice
44 81st Legislature — Regular Session 4th Day
storm, but they deserve our heartfelt thanks for their faithful service to the
state. I also want to thank my parents for joining us today. Thank you for
giving me life and for teaching me the value of hard work, public service,
and compassion for others. Finally, I want to acknowledge my inspiration,
my counsel, my best friend, and the love of my life. She's also your First
Lady, Anita Perry. Anita, I wouldn't be where I am today without you.
Thank you for your support and love. As I look out across this historic
Chamber, I see the faces and recall the memories of so many leaders, past
and present, who devoted their lives to serving our beloved state. Together,
we have made Texas a better place. Here in this room, we sit side by side,
Democrat with Republican, from urban districts and rural, different in so
many ways, but united by a common goal:iidoing good for Texas. We are
blessed that the state of our state is strong. However, during this session, we
can do the most good by working to minimize the impact of the global
economic crisis on the people of Texas. Over the course of this session's
remaining 126 days, we might define the word good a little differently or
diverge on how to get it done, but I have no doubt that each of us is
committed to doing what's best for a state we love. We must never forget
that we were put inside this building to serve those outside this building.
May we never lose touch with these flesh and blood Texans, people who are
focused on working hard, stretching a paycheck, and raising their children.
As we work on their behalf, we may disagree and sometimes disagree
vigorously, but when the day is done, we'll hammer out the details, and
we'll make things happen Texas-style, by putting the people first. We saw
that mindset portrayed in our state's remarkable response to three hurricanes
this past year. Those catastrophic storms affected millions of Texans,
including people sitting here today, like Senator Mike Jackson and
Representative Craig Eiland, whose homes were damaged by Ike, and their
peers from the Valley who have worked so hard to help their districts
recover. Once the storms passed, we saw neighbors helping neighbors,
volunteers with chainsaws clearing debris, and charitable organizations
working 'round the clock to help their fellow Texans. One of those groups
was Somebody Cares America, a Houston-based group whose volunteers
worked tirelessly to bring thousands of meals and even hot showers to
Texans whose lives were turned upside down by Hurricane Ike. Joining us
today is the leader of this organization, Dr. Doug Stringer. Please join me in
recognizing his leadership. Doug's group and countless others like them
showed the world how Texans respond to a crisis:iiWe roll up our sleeves;
we make tough choices and put people first. As leaders and Texans, it's our
turn to demonstrate those same qualities as we confront the greatest
challenge facing our state, the national economic crisis, a situation unlike
anything most of us have ever seen in our lifetimes. Every day, we hear
more stories from across the country of jobs lost, plants closed, and homes
on the auction block. As shockwaves of this crisis begin to resonate in
Texas, we're reminded that we're not immune to these forces, yet we're still
in better shape than most other states. I credit our relatively strong economic
Tuesday, January 27, 2009 SENATE JOURNAL 45
condition to tough, principled decisions made in this building over the past
three legislative sessions. It was only six years ago when the 78th
Legislature kicked off with a $10 billion budget shortfall. To our shared
credit, we didn't raise taxes like so many other states did then and are again
contemplating today. Instead, we tightened our belt, made spending cuts
where we could, and focused on key priorities, never forgetting that it's not
our money we spend here, it's the taxpayers'. Many of you remember those
fiery spending debates of years past, so you'll be ready for some equally
challenging conversations in the days to come. All across the country, states
are hiking sales taxes, they're slashing education spending, preparing to pay
state employees with IOUs, and begging Washington, D.C., for a bailout.
Because we took a different approach back then, we know it's better to
control spending to make government less burdensome, as a way to free up
the economic power of our citizens. We know the benefit of legal reforms
that stem the tide of frivolous lawsuits while attracting an army of skilled
doctors to Texas and improving access to health care across our state. We
continually fine-tune our regulatory climate, increasing predictability and
fairness for employers while protecting our citizens and our natural
resources. We also invest in proven economic development efforts like our
Enterprise Fund, our Emerging Technology Fund, and film incentives which
target an industry that has brought more than $1.2 billion to our economy
over the past 10 years. In short, our refusal to continue business as usual has
made life better for Texans, like those working in the 1.2 million net new
jobs created since 2003, the vast majority of them in the private sector.
Considering the fact that Texas had only added about 300,000 jobs in the
five years prior to 2003, our efforts clearly strengthened our economy. As it
stands, our state now leads the nation in exports, Fortune 500 companies,
and job creation. From November 2007 to November 2008, roughly 70
percent of the jobs created in the U.S. were in Texas. Think about that for a
moment. Our state is home to one out of 10 Americans, but seven out of 10
new American jobs were created here in the Lone Star State. Even in these
tough times, more jobs are heading our way. Cooper Tire is bringing 250
new positions to Texarkana, into Senator Eltife and Representative Frost's
district. Martifer Energy has pledged 225 jobs in San Angelo, which will
help things in Senator Duncan and Representative Darby's neck of the
woods. Caterpillar is moving 1,400 new jobs to Seguin to energize the
economy represented by Senator Wentworth and Representative Kuempel. I
would like to recognize Mike Coolidge, a generator technician for
Caterpillar here in Texas, who is up here with me today. Mike, would you
stand and be recognized? Mike represents the 1,400 other Texans who will
have the chance to work hard and feed their families in the coming months
as a result of our state's economic development success. I'm confident CAT
won't be the last employer to identify Texas as the best place to grow a
business, invest capital, and create new jobs. As we celebrate our relative
strength and welcome these new jobs to Texas, we cannot lose sight of the
global financial situation and what it may mean for us in the months to
46 81st Legislature — Regular Session 4th Day
come. As we wrestle with lowered revenue estimates, we must stay
committed to the proven policies that have brought us so far and resist any
calls to panic. There are those who say we should crack open the Rainy Day
Fund and pour it out on every need that presents itself. Others say we
should just hunker down, save every penny we have, and stay curled up in
the fetal position 'til this one blows over. Now, I'm a big believer in
conservative fiscal approaches, but that doesn't mean it's time to play
defense. Texas is strong because we aggressively play offense. In tough
times, others see threats; Texans see opportunity. For example, the
nationwide struggles are creating a buyer's market for economic
development, so let's be bold and win even more jobs for Texans. When
other states are raising taxes, their businesses will be looking elsewhere for
tax relief. Let's make sure they find it in Texas. When other states are
driving companies away with suffocating layers of regulation, let's welcome
them with fewer obstacles. When other states are bonding additional debt
for daily operations, let's invest wisely to create even more jobs and
opportunity. We should start by replenishing the Emerging Technology
Fund, our film incentives, and the Enterprise Fund to keep drawing ideas,
investment, and jobs to Texas. Together, we've invested $377 million with
the Enterprise Fund since 2003, creating nearly 54,000 jobs for Texans
while drawing $14 billion in direct capital investment to our state. These
jobs have gone to both urban and rural areas, from the Metroplex to the
Border, from the Piney Woods of East Texas to El Paso, providing for
families and strengthening communities. As we work to enhance our
economy, we also need to take a close look at the reformed business tax we
implemented a few years ago. With one collection cycle under our belts and
plenty of feedback from both the Comptroller and business owners, we
know enough now to improve it. The question is how. I would support
raising the small business exemption to $1 million, and I'm looking forward
to hearing from folks like the House's Jim Keffer and John Otto as well as
Chairman Ogden about the best way to protect small businesses. Our
guiding priority must be shrinking, not expanding, the burden on the small
businesses that are the backbone of our economy. Let's free up our
entrepreneurs to keep doing what they do best, creating wealth, drawing
investment, and generating the jobs needed by our growing population, one
the Census Bureau tells us is averaging 1,000 new Texans per day. As more
people move here, will our economy continue to grow? Or will we let taxes
and regulatory encroachments creep upward to choke off innovation? I say
we hold the line. Will they find their property taxes spiraling continually
upwards because of a broken appraisal system? I say we give that system a
dose of accountability, transparency, and restraint. Will they find themselves
stuck in traffic and paying too much for dwindling supplies of power and
water? Not if we act to upgrade our state's overburdened infrastructure.
Will they be left behind by the demands of an increasingly high-tech
economy? Let's improve education in our state at every level to help them
compete in any arena. To reach our goal of ensuring every student graduates
Tuesday, January 27, 2009 SENATE JOURNAL 47
from Texas high schools with a strong foundation in math, science, and
English, we owe them three things. First, they deserve the best teachers.
Nothing matters more to student success than having an excellent teacher in
every classroom. That is why we worked so hard to create the largest
teacher incentive pay program in the country, one that will pay out more
than $147 million to teachers and staff by the end of this school year. This is
a program we must continue. Second, we must hold our schools accountable
for student performance. As you consider changes to the accountability
system, make sure it keeps moving students along the path to graduating
"college and career ready" while keeping parents and taxpayers informed on
their district's performance. Third, let's keep improving our math and
science education, and continue preparing our young people, especially
low-income and minority students, for a productive life after high school.
Since we first created the Texas High School Project to improve graduation
rates of disadvantaged students, this program has created 32 academies that
focus on science, math, and technology, along with several early college
high schools on community college campuses, whose best practices are
being shared across the state. Our ongoing commitment to supporting
teachers, holding schools accountable, and improving outcomes for
minority and underprivileged students has made a huge difference. Let's
continue that momentum and give our children the gift of even stronger
educational outcomes. One approach is to update our laws and regulations
to help schools benefit from evolving educational technologies. For
example, we should allow school districts to purchase electronic versions of
the textbooks that have been approved by the State Board of Education.
This will allow flexibility as educators move our children along the path to
graduation and the next step in their lives. For many young Texans, that
next step is college. Let's work together to make college accessible and
affordable for more qualified, motivated students than ever before. I propose
increased funding for the Texas Grant Program, an initiative I pressed for as
Lieutenant Governor, that has opened the door for traditionally underserved
Texans. I like this approach because it not only knocks down a barrier
between hard-working students and the success they desire, it also keeps our
college classrooms supplied with students who are motivated and prepared
to succeed. I also propose freezing a student's college tuition rates for four
years at the level they pay as an entering freshman. This will help Texas
families plan while giving students another incentive to finish on time. We
must continue removing roadblocks for young Texans wanting to pursue
higher education, whether they enroll straight out of high school or choose
to serve their country in the military first. I'm talking about servicemembers
like the ones joining us here today in the front of the Chamber visiting from
Brooke Army Medical Center. Please help me recognize our wounded
warriors here today. They represent the countless young Americans who
have gone in harm's way in defense of freedom throughout our nation's
history. These veterans, who now spend their days recovering from injuries
sustained while serving our country, deserve the best our state has to offer,
48 81st Legislature — Regular Session 4th Day
as do all veterans who have served our country. In appreciation for their
service, I share Senator VanideiPutte's belief that we should extend in-state
tuition rates to all veterans, regardless of their home of record. This
approach would not only express our heartfelt gratitude for their selfless
service, it would also enrich our colleges and our workforce with the
leadership, motivation, and experience gained during military service. Any
discussion of higher education must include our community colleges and
proprietary schools. Every year, these institutions turn out students who are
prepared to succeed in the completion of their four-year college degree, as
well as folks ready to work in the trades that contribute so much to our
quality of life. I agree with Comptroller Combs that we should significantly
increase our investment in community colleges. Besides being anchors to
their local communities, these schools are ideally positioned to educate a
growing population of workers that have either been displaced by the
current economic turmoil or have job skills that have been outpaced by
rapidly evolving technology. I suggest we tackle this challenge with an
expansion of the Workforce Commission's Skills Development Fund and its
training partnerships. Since its creation in 1996, the Skills Development
Fund has helped 3,000-plus employers train more than 200,000 workers in
essential workplace skills. Given the rapidly growing need for this type of
retraining, I strongly urge you to increase the Skills Development Fund and
invest in the Texas worker of tomorrow. At the same time we strengthen our
community colleges, we can also champion changes that will improve our
four-year universities. Let's apply the power of incentives by rewarding
universities that increase the number of students they graduate. This is just
one way to continue improving higher education in Texas as we work to
achieve and maintain a competitive edge in the global marketplace well into
the future. As we turn our eyes toward that shared future, we must continue
focusing on the things that government is supposed to do, provide for the
additional transportation, electricity and water infrastructure, and resources
our state needs to grow and prosper. Ask yourself, will the decisions we
make in this session ensure your children and grandchildren have the
resources they need to thrive in Texas? When they turn on the faucet, will
clean, affordable water flow? Let's answer that question before this session
ends and make it a resounding Yes. Make this 81st session memorable as
the moment when Texas finally invested in your water plan that is well
researched and locally developed but not yet funded. Let's ensure that our
citizens, our children and grandchildren, have access to this most vital of
resources for the next 50 years. Let's also make sure that when they flip a
light switch, the lights will come on and stay on. Let's not leave a legacy of
rolling blackouts because we didn't keep pace with our power
infrastructure. The best long-term method for controlling utility costs is not
to centralize control of rates but to diversify the supply of energy and keep
taxes lower. Fortunately, we've been successful in lowering the taxes our
citizens pay on some utilities. By modifying the Universal Service Fund
ini'05, we are saving telephone ratepayers millions, and Texans have saved
Tuesday, January 27, 2009 SENATE JOURNAL 49
$600 million on telephone charges, because we listened to Speaker Straus
and eliminated the TIF tax. When we combine lower utility taxes with
increased, diversified production, we will preserve our role as the nation's
energy leader. Unfortunately, our strength in petrochemical production and
refining makes us a big target on the radar of an increasingly activist EPA
whose one-size-fits-all approaches could severely harm our energy sector,
an agency whose potential to harm our state with punitive actions will only
increase in the months and years to come. Rather than wait for more
mandates and punishments for environmental non-attainment, let's continue
encouraging innovation. I support giving Texans in the non-attainment areas
of our state a $5,000 incentive towards a purchase of plug-in hybrid electric
vehicles, using the funds Texans have already paid to reduce emissions
while providing a unique way to store wind energy. This will keep Texas
competitive in an emerging technology and take advantage of an energy
portfolio that grows deeper and more diverse every day. Texas has been
taking an all-of-the-above approach to energy, increasing our affordable
supplies of traditional energy sources, as well as wind, solar, biofuels, and
nuclear, as a way to bolster our economy and move us closer to energy
independence. Texas is leading a national renaissance in nuclear power.
With six potential new reactors on the drawing board, we need to encourage
the production of this clean and reliable form of energy. Texas has a huge
opportunity in biofuels if we'll continue leveraging our state's energy
expertise while avoiding use of food crops for energy, a practice that harms
our farmers and ranchers and drives up the family grocery bill. Of all the
renewable energy sectors, our biggest success story is in wind. Texas not
only leads the nation in installed capacity, we have more wind-generated
megawatts than all but three countries. As with all electricity, however, one
of our biggest challenges is getting the power from the source to homes and
businesses where it is needed. So, whether it's West Texas wind or nuclear
power from South Texas, we need to build out the transmission and
distribution lines, streamline the regulations, and cut the red tape, so we can
move this power to where it's needed. As is the case with most
infrastructure needs, eminent domain will play a role in this effort. Let's
resolve the eminent domain issue once and for all in this session, so that
Texans will not only have clarity but also a strong defense of the private
property rights we all hold so dear. While we're at it, let's provide an added
measure of security for our landowners by putting it into the Constitution.
Senator Duncan and Representative Orr, I appreciate your willingness to run
point on this important issue. In these times of global unrest and porous
borders, security remains a top priority, especially in light of Washington's
ongoing failure to provide the resources necessary to secure our border or
implement a sensible immigration policy. I'm hopeful that my fellow border
governor from Arizona will bring a better approach in her new role as
Secretary of Homeland Security. However, until we see results, Texas will
continue filling the leadership void created by Washington, D.C., and
investing in the safety of our citizens with our own border security effort.
50 81st Legislature — Regular Session 4th Day
From 2005 until September 2007, my office cobbled together roughly $38
million, which we used to ramp up security along our border. Based on the
success of these efforts, you invested $110 million in Operation Border Star
in 2007. In doing so, you not only funded more personnel, but also provided
assets like aircraft and patrol boats, as well as better technology for
communications, data management, and coordinated efforts. Joining us
today are representatives of the team protecting our border. Will you please
stand and be recognized? They represent the hard-working men and women
who work together to fight crime, including the Texas Border Sheriff's
Coalition, the Brownsville Police Department, the Department of Public
Safety, Texas Parks and Wildlife, Texas Military Forces, and the U.S.
Border Patrol. Thank you for working so hard to keep Texas safer. As a
result of your efforts and their deterrent effect, illegal alien apprehensions in
Texas have dropped 47 percent since 2005. Crime has also fallen as much as
65 percent in areas that smuggling cartels previously treated as their
personal playground. Those are signs of great improvement, but we need to
keep the heat on by renewing funds for our border efforts, especially in light
of the growing drug and gang-related violence in Mexico. It is already
spilling into communities across the state in the form of increasingly brazen
transnational gangs. Because we have seriously hindered the Mexican drug
cartels' ability to move contraband across the border, they are relying with
increasing frequency on these unprincipled gangs to do their dirty work.
Originating in foreign countries and taking shape in our prisons, these gangs
have been radiating outward into our towns, schools, and neighborhoods,
applying terror tactics to build their influence. Joining us here today are
State Troopers John Cox and Chad Foster, who were recently on the
receiving end of gunfire while protecting our state from those threats,
including gang members. Would you please stand and be recognized?
Gentlemen, thank you for standing between the law-abiding citizens of our
state and those who would do them harm. I also want to thank Senator
Carona for his efforts to bring attention to the serious threat these gangs
pose to our state. I agree it is time to act and believe we should devote the
necessary resources, just under $32 million, to properly address this gang
threat head-on in communities across the state. These funds would be used
to pay more officers, provide better coordination of multi-force efforts, and
fund prosecutions for gang-related offenses. As we continue to strengthen
our border, we must also consider the essential role that federal immigration
policy, or the lack thereof, plays in the safety of our citizens and integrity of
our state. After revelations that a Dallas man had set up a cottage industry
procuring Texas driver licenses for illegal aliens hailing from countries
around the world, I am an even stronger supporter of the DPS initiative to
issue specialized, vertical driver licenses to identify those who have
overstayed their visa. I also support an end to the notion of sanctuary cities.
Local government sends the wrong message when they pick and choose
what laws they want their peace officers to enforce. I believe we should also
require the same identification procedure for voting that we require for voter
Tuesday, January 27, 2009 SENATE JOURNAL 51
registration. I commend Lieutenant Governor Dewhurst for his
long-standing leadership on this issue. A democracy without proper
protections against voter fraud cannot preserve the public trust. We should
also track the citizenship status of those receiving state-funded services so
we can get our hands around the financial impact of Washington's failure to
handle the immigration challenge. Some may oppose these efforts, but they
are common sense approaches to protecting our citizens' lives and
resources, as well as our state's integrity. Although we are maintaining a
more secure border and preparing to combat the growing gang threat in our
cities, there is nothing we can do to divert the storms that hammer our coast.
The financial impact of the 2008 storm season was unprecedented in Texas
history. Our experience in the aftermath is a reminder that we cannot rely
solely on the federal government and the good intentions of FEMA, but we
know we can move a whole lot faster than they can. We simply cannot, in
good conscience, allow our citizens to shiver in a tent or sweat in the sun as
Washington drags its heels on housing and reimbursements. To that end,
let's create and fund a disaster contingency and relief account that gets
locals the resources they need when they need them, so they can respond
immediately to storms, wildfires, and other disasters. This fund could also
pay for other approaches we have pioneered, like the buses we hire to move
thousands of Texans out of the path of approaching storms. As we consider
ways to protect our citizens, I would ask you to consider if we're doing
enough to improve their lives. For example, Texas obesity rates are well
above the national average and the negative effects are spreading.
Comptroller Combs and Commissioner Staples are right. If we don't tackle
this problem, not only will this generation of children be the first to have a
shorter average lifespan than their parents, we will never get a handle on the
costs of preventable diseases like diabetes, heart disease, and even some
forms of cancer. Let's address obesity where it will make the most
difference, most quickly: with our schoolchildren. Texas should take the
lead on testing an incentive-based fitness program like those gaining
popularity in the workplace. As we consider detriments to our quality of
life, let's not forget the looming specter of cancer, a disease that still takes
the lives of more than 34,000 Texans every year. We did a good thing in the
last session when we authorized the referendum championed by
Representative Rose and Senator Nelson. Texans agreed with you when
they approved the Cancer Prevention and Research Institute of Texas in a
statewide vote. Now it's time to take the next step by covering the institute's
start-up costs so researchers can get to work, move us closer to a cure, and
accelerate our state's ascendance as a leader in biotechnology. This rapidly
growing field is of particular interest to Texans, both economically and in
terms of discoveries that improve and save lives. Biotech innovations in our
state include discoveries in the area of adult stem cell research that are
showing great promise. For example, the folks at the Texas A&M Health
Science Center will begin trials on diabetes treatments later this year in
Waco. Let's get Texas in on the ground floor and invest in adult stem cell
52 81st Legislature — Regular Session 4th Day
research, the one area of that field that is actually proven to expedite cures.
Expertise in this emerging and increasingly promising field will not only
bring healing to the suffering and create jobs for Texans, it will also
establish an appropriate firewall protecting the unborn from exploitation. I
am grateful to Senator Nelson for stepping to the front on this issue. As we
consider the growing threats to our nation's unborn, I believe it's time to
add another layer of protection for the most vulnerable Texans. I hope you
will join me in supporting Senator Patrick and Representative Corte's effort
to require those wanting to terminate a pregnancy to review their ultrasound
before proceeding. Issues of this complexity and moral weight are the sort
of thing that we are sent here to address. As we wrestle with such issues in
the 126 days left 'til sine die, I know that our values, patience, and resolve
will be tested, but I'm confident in our prospects for success, because I am
confident in the people who elected us. As we serve them, let's not forget
the principles that have brought our state this far. I am convinced that the
fiscal discipline we exercised together over the past few sessions has left us
in much better shape than other states. Let's build on our shared record of
success and press on to do even more to protect our citizens' families, jobs,
and rights. For example, the time has come for a frank conversation about
spending limits that should culminate in a constitutional amendment. I'm a
firm believer that limiting the growth of our budget to the combined growth
of inflation and our population is appropriate. I also hope we can build on
the success of our transparency efforts by calling for more of it, including
from our institutions of higher education and municipalities all across the
state. Judge Self and the folks in Collin County showed it's possible when
they took it upon themselves to put their books online. The companion to
transparency is truth-in-budgeting, so let's work together to further reduce
the number of diversions in our budget. We should only spend tax dollars
on the express purpose for which they were collected. That's what Texans
expect and that's what they should get. Let's show it can be done in this
session by shifting funding for the Department of Public Safety back into
general revenue. This will free up existing gasoline tax dollars to fulfill their
original purpose: the construction and maintenance of our state's roads. As
you go about your business in the next few months, you may be tempted to
dip into our Rainy Day Fund. If you do, let's limit our use of those funds to
significant one-time expenditures, not recurring items. That approach will
preserve the gains that underlie our economic health and enable us to keep
doing the good I discussed as I began my time with you today. To me, good
is giving Texans access to a quality education, good-paying jobs, and the
chance to keep more of what they've earned for their own families. Good is
a community safe from crime, blessed with clean air and water, where
families spend time together at the dinner table or the sports field, not stuck
in bumper-to-bumper traffic. Good is a state where people are free to
worship their God in the manner of their choosing, passing to their children
an inheritance of sound values and living out their life in peace. As we work
in this historic place and serve the people who sent us here, I hope we will
Tuesday, January 27, 2009 SENATE JOURNAL 53
continually strive for the good, take part in passionate yet civilized debate,
and never let the flame of our passion dwindle. For we still live in what I
consider the greatest state, a land settled by visionary risk-takers,
replenished in every generation by individuals who carry our state's heritage
of selfless service as their charge. I speak of individuals like Regan Hunt, an
Eagle Scout from Austin, who risked his own life to save five others from
drowning in an Idaho canal. Regan, please stand for a moment and let these
folks join me in thanking you for being with us here today. You are a
shining example of the courageous, selfless spirit that makes Texas great.
As we are told in Scripture:iiLet us not become weary in doing good, for at
the proper time we will reap a harvest if we do not give up. And reap that
harvest we shall, and we shall reap it together. Because, ladies and
gentlemen, the state of our state is good. Her character is strong and her
people are great, and I believe now, more than ever before, that our best
days are yet to come. May God bless you and, through you, may He
continue to bless the great State of Texas.
INTERPRETER FOR THE DEAF
The interpretation of the proceedings of the Joint Session was provided by Kristi
Mora and Audrey Ulloa.
CONCLUSION OF JOINT SESSION
The Speaker of the House of Representatives at 12:20 p.m. announced that the
purpose for which the Joint Session was called having been completed, the House
would stand At Ease pending the departure of its guests.
RESOLUTIONS OF RECOGNITION
The following resolutions were adopted by the Senate:
Memorial Resolution
SRi70iby Nichols,iIn memory of Zachary Cook.
Welcome and Congratulatory Resolutions
SRi23iby VanideiPutte,iCommending David Molina for his contributions to his
country.
SRi24iby VanideiPutte,iCommending Leroy Petry for his contributions to his country.
SRi25iby VanideiPutte,iCommending Razan Saied for her contributions to her
country.
SRi26iby VanideiPutte,iCommending James Ford for his contributions to his country.
SRi27iby VanideiPutte,iCommending Shawn Green for his contributions to his
country.
SRi28iby Estes,iWelcoming Victor and Naomi Edmiston of Springtown to the Capitol
on the occasion of their birthdays.
SRi32iby Van de Putte,iCommending Alan R. Babin, Jr., for his contributions to his
country.
54 81st Legislature — Regular Session 4th Day
SRi47iby Uresti,iWelcoming the 2009 graduating class of Natalia High School in
Natalia to the State Capitol.
SRi69iby Nichols,iRecognizing Charlene and Earl Long on the occasion of their 55th
wedding anniversary.
Official Designation Resolutions
SRi66iby Averitt and Williams,iDesignating January 28, 2009, as Texas Society of
Certified Public Accountants Day at the Capitol.
SRi68iby Hinojosa,iCelebrating January 28, 2009, as Data Privacy Day in Texas.
SRi71iby Nichols,iRecognizing January 25 through 27, 2009, as Southeast Texas
Days at the State Capitol.
ADJOURNMENT
Pursuant to a previously adopted motion, the Senate at 12:20 p.m. adjourned
until 11:00 a.m. tomorrow.
AAAPPENDIXAA
RESOLUTIONS ENROLLED
January 13, 2009
SRi1, SRi2, SRi3, SRi4, SRi5, SRi6
January 14, 2009
SRi7, SRi8, SRi9, SRi10, SRi11, SRi12, SRi13, SRi14, SRi15, SRi16
January 26, 2009
SCRi2, SCRi3, SRi17, SRi18, SRi19, SRi20, SRi22, SRi30, SRi31, SRi34, SRi36,
SRi38, SRi39, SRi40, SRi41, SRi42, SRi43, SRi44, SRi45
January 27, 2009
SRi23, SRi24, SRi25, SRi26, SRi27, SRi28, SRi32, SRi33, SRi35, SRi47, SRi49,
SRi66, SRi68, SRi69, SRi70, SRi71
SENT TO SECRETARY OF STATE
January 27, 2009
SCRi3
SENT TO GOVERNOR
January 27, 2009
SCRi2
Tuesday, January 27, 2009 SENATE JOURNAL 55