EIGHTY-FIRST LEGISLATURE — REGULAR SESSION
AUSTIN, TEXAS
PROCEEDINGS
THIRTEENTH DAY
(Wednesday, February 18, 2009)
The Senate met at 11:05 a.m. pursuant to adjournment and was called to order by President Pro Tempore Duncan.
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 Pro Tempore announced that a quorum of the Senate was present.
Rabbi Robert Block, Agudath Israel, Houston, offered the invocation as follows:
May He who grants salvation to kings and dominion to rulers, whose kingdom is a kingdom spanning all eternities, bless the President, the Vice President, and all the constituted officers of government of this land. May He grant a special blessing to the men and women of the Texas Senate, and guide them in their deliberations. May He sustain them and protect them from every trouble, woe, and injury. May He put into their heart and into the heart of all their counselors compassion to do good with us and with all mankind. Let us all pray for the safe return of all of our troops defending our right to freedom and democratic government all over the world. Let us add a special request of the A-mighty to protect those troops who are in daily danger in Iraq and Afghanistan. And to that let us all say, 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 272
On motion of Senator Harris, Senator Davis will be shown as Co-author of SBi272.
CO-AUTHOR OF SENATE BILL 464
On motion of Senator Zaffirini, Senator Davis will be shown as Co-author of SBi464.
CO-AUTHOR OF SENATE BILL 493
On motion of Senator Nelson, Senator Uresti will be shown as Co-author of SBi493.
CO-AUTHOR OF SENATE BILL 644
On motion of Senator Shapiro, Senator Patrick will be shown as Co-author of SBi644.
PHYSICIAN OF THE DAY
Senator Hegar was recognized and presented Dr. David Watson of Yoakum as the Physician of the Day.
The Senate welcomed Dr. Watson and thanked him for his participation in the Physician of the Day program sponsored by the Texas Academy of Family Physicians.
SENATE RESOLUTION 221
Senator Shapiro offered the following resolution:
WHEREAS, February 16 through 20, 2009, is being celebrated as Texas Technology Week in order to increase public awareness of the extraordinary achievements of these industries and the vital role they play in the prosperity of the Lone Star State; and
WHEREAS, Sponsoring Texas Technology Week are TechAmerica, the Texas Healthcare and Bioscience Institute, TechNet Texas, the Metroplex Technology Business Council, the Texas Association of Business, the Texas Coalition for Capital, and the Solar Alliance; and
WHEREAS, The technology and life-sciences industries and research institutions of Texas are achieving leading-edge advances in medicine, space exploration, computing, communications, energy, and transportation, revolutionizing the world we live in; within the state, these industries employ more Texans than do the oil, natural gas, and agriculture industries combined, and their high-wage, highly skilled jobs contribute to a diverse and growing economy; and
WHEREAS, People around the globe have benefitted immeasurably from the medical treatments and devices developed by Texas companies, and the Texas Healthcare and Bioscience Institute, whose membership includes research institutions, regional economic development entities and communities, and biotechnology, medical device, and pharmaceutical companies, acknowledges that in 2006, one of almost every 23 U.S. biotechnology employees worked in Texas; nine recipients of biotechnology-related Nobel Prizes, National Medals of Science, or National Medals of Technology are based in this state; in 2007, the National Institutes of Health awarded more than $1 billion in grants and awards to entities in the State of Texas; and Texas biotechnology-related patent growth is outpacing the national average; and
WHEREAS, The life-sciences industry constitutes a significant pillar of the Texas economy, including approximately 3,200 establishments employing over 85,400 Texans, with the promise of continued job growth for many years to come; and
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WHEREAS, TechAmerica, the nation's largest high-technology trade group, reports that Texas ranks second in the country in high-tech employment, with some 459,000 jobs, and 56 of every 1,000 private sector workers in our state are employed by high-tech firms; moreover, Texas ranks second among all states in terms of its high-tech employment, and ninth among all the states in terms of its high-tech average wage, a wage nearly double that of the average private sector worker, which allows the industry to provide an aggregate high-tech payroll of $37.5 billion; the importance of this industry to Texans is further underscored by the fact that high-tech product exports exceed $35.9 billion and account for 21 percent of the state's international exports; and
WHEREAS, All sectors of the high-technology and life-sciences community are joining together this week to discuss the major issues facing their industries and to affirm their support for a strong system of public and higher education, a critical factor in providing the highly skilled workforce on which these industries depend; and
WHEREAS, The technology and life-sciences industries have become a tremendous engine of economic growth in the State of Texas, and the benefits of their research and production enrich people the world over; now, therefore, be it
RESOLVED, That the Senate of the State of Texas, 81st Legislature, hereby recognize February 16 through 20, 2009, as Texas Technology Week and commend its sponsors for their outstanding efforts in promoting research, development, products, services, and manufacturing in the State of Texas; and, be it further
RESOLVED, That a copy of this Resolution be prepared in honor of Texas Technology Week.
(President in Chair)
SR 221 was read and was adopted without objection.
GUESTS PRESENTED
Senator Shapiro was recognized and introduced to the Senate Ed Shumaker representing Cisco Systems, Incorporated; Julia Pitlik representing Fujitsu; Curt Bilby representing Terapio; Owen Sweeney representing Symantec Corporation; and Brian Dietrich representing Intel Corporation; accompanied by other representatives of Texas Technology Week.
The Senate welcomed its guests.
RESOLUTIONS SIGNED
The President announced the signing of the following enrolled resolutions in the presence of the Senate:iiSCRi14, SCRi16.
GUESTS PRESENTED
Senator Nichols, joined by Senators Deuell and Nelson, was recognized and introduced to the Senate a delegation of students and faculty representing StepheniF. Austin State University.
The Senate welcomed its guests.
GUESTS PRESENTED
Senator Lucio was recognized and introduced to the Senate a delegation of citizens representing the 2009 Leadership Harlingen Class.
The Senate welcomed its guests.
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SENATE RESOLUTION 208
Senator Nelson offered the following resolution:
WHEREAS, The Senate of the State of Texas is pleased to pay tribute to Court Appointed Special Advocates (CASA) for its invaluable work on behalf of abused and neglected children and to join Texans across the state in recognizing February 18, 2009, as CASA Day at the State Capitol; and
WHEREAS, CASA organizations provide volunteers to be court advocates for children removed from their homes due to evidence of abuse and neglect; and
WHEREAS, The more than 5,000 volunteers of CASA have made the lives of countless children better through their dedication, hard work, and determination; and
WHEREAS, The child welfare system of our state functions far more efficiently due to the efforts of these volunteers and to the work of the administrators of the CASA organization; all associated with CASA deserve recognition for its many achievements; now, therefore, be it
RESOLVED, That the Senate of the State of Texas, 81st Legislature, hereby commend CASA for its many achievements in aiding abused and neglected children and extend best wishes for a rewarding CASA Day at the State Capitol; and, be it further
RESOLVED, That a copy of this Resolution be prepared for this exceptional organization as an expression of high regard from the Texas Senate.
SR 208 was read and was adopted without objection.
GUESTS PRESENTED
Senator Nelson was recognized and introduced to the Senate a delegation representing Court Appointed Special Advocates (CASA).
Senator Shapiro was recognized and introduced Jennifer Estes, wife of Senator Estes, representing CASA.
The Senate welcomed its guests.
SENATE RESOLUTION 243
Senator Wentworth offered the following resolution:
WHEREAS, The Senate of the State of Texas is pleased to join the students, faculty, and staff of the Texas State University System and citizens across the state in celebrating February 18, 2009, as Texas State University System Legislative Day at the State Capitol; and
WHEREAS, The oldest state university system in Texas, the Texas State University System originated in 1911 as a means to support and manage the state teachers colleges; since then, the system has evolved into a network of institutions committed to preparing students for the rigors of an increasingly global economy; and
WHEREAS, The Texas State University System is comprised of eight campuses situated across the state offering a diverse array of academic and career paths; Lamar University, Sam Houston State University, Sul Ross State University, Sul Ross State University Rio Grande College, Texas State University-San Marcos, Lamar State
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College–Orange, Lamar State College–Port Arthur, and Lamar Institute of Technology combine to form one of the backbones of higher education in our state; and
WHEREAS, The mission of the Texas State University System is to provide a high-quality education that is affordable and accessible and to enrich the lives of its students and enable them to become productive and contributing members of society; and
WHEREAS, The theme of this year's legislative day is "Creative Solutions during Challenging Times in Higher Education"; the system is truly deserving of recognition for its invaluable role in maintaining the excellence of higher education in our state; now, therefore, be it
RESOLVED, That the Senate of the State of Texas, 81st Legislature, hereby commend the Texas State University System on its many contributions to the furtherance of higher education in the state and extend a sincere welcome to Austin to its delegation for Texas State University System Legislative Day at the State Capitol; and, be it further
RESOLVED, That a copy of this Resolution be prepared for the system as an expression of high regard from the Texas Senate.
| WENTWORTH | OGDEN |
| HUFFMAN | URESTI |
| NICHOLS | WILLIAMS |
SR 243 was read and was adopted without objection.
GUESTS PRESENTED
Senator Wentworth was recognized and introduced to the Senate Trisha Pollard, Vice-chair, Board of Regents, Texas State University System, and Regents Charlie Amato, Ron Blatchley, Michael Truncale, and Greg Wilkinson.
The Senate welcomed its guests.
GUESTS PRESENTED
Senator Zaffirini was recognized and introduced to the Senate Mayor Ramon Garza-Barrios of Nuevo Laredo, Mexico, accompanied by Councilmember Cesar Valdez.
The Senate welcomed its guests.
GUESTS PRESENTED
Senator Ogden was recognized and introduced to the Senate a delegation representing Texas State University System Legislative Day.
The Senate welcomed its guests.
GUESTS PRESENTED
Senator Averitt was recognized and introduced to the Senate a delegation of citizens from Hill County.
Senator Averitt also introduced a delegation of students representing the Baylor Ambassadors of Baylor University in Waco.
The Senate welcomed its guests.
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GUESTS PRESENTED
Senator VanideiPutte was recognized and introduced to the Senate fourth-grade students and their teachers from Northwest Hills Christian School in San Antonio.
The Senate welcomed its guests.
SENATE RESOLUTION 206
Senator Van de Putte offered the following resolution:
WHEREAS, The Senate of the State of Texas is pleased to honor the 8,000 men and women of the United States Coast Guard Reserve for their exceptional service to our country and the State of Texas and to congratulate them on the 68th anniversary of the reserve; and
WHEREAS, February 19, 2009, marks the 68th anniversary of the creation of the Coast Guard Reserve, which was established when the United States Congress amended the Coast Guard Auxiliary and Reserve Act; and
WHEREAS, Coast Guard Reservists have diligently and honorably served in Texas, across our great nation, and abroad, in times of peril and crisis; over 600 Coast Guard Reservists call Texas home, and they were instrumental in helping their fellow Texans during Hurricane Ike in the summer of 2008; and
WHEREAS, The Coast Guard Reserve's professional and dedicated personnel provide the Coast Guard and the nation a well-prepared and well-trained workforce with a unique blend of civilian and military education and experience; and
WHEREAS, The leadership of the Coast Guard is committed to optimizing the reserve corps by improving training and administrative support, enabling reservists to better serve the people of the United States; our rapidly changing world presents new challenges for Texas and our entire nation, and Coast Guard Reservists play a pivotal and critical role in meeting these urgent challenges; now, therefore, be it
RESOLVED, That the Senate of the State of Texas, 81st Legislature, hereby express appreciation to the members of the Coast Guard Reserve for their service and commitment to our state and nation and congratulate them on the organization's 68th anniversary; and, be it further
RESOLVED, That a copy of this Resolution be prepared in honor of this special occasion.
SR 206 was read and was adopted without objection.
GUESTS PRESENTED
Senator VanideiPutte, joined by Senators Fraser, Wentworth, and Ogden, was recognized and introduced to the Senate Captain Deborah Dombeck; Commander Charles Barrett, Jr.; Lieutenant Paul Morris; Senior Chief Carl Rodriguez; and Master Chief Gerald Fierro; representing the United States Coast Guard Reserve.
The Senate welcomed its guests.
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SENATE CONCURRENT RESOLUTION 18
The President laid before the Senate the following resolution:
SCRi18, In memory of Raul "Rudy" Acosta.
On motion of Senator Duncan, the resolution was considered immediately, was read, and was adopted by a rising vote of the Senate.
In honor of the memory of Raul "Rudy" Acosta, the text of the resolution is printed at the end of today's Senate Journal.
GUESTS PRESENTED
Senator Duncan was recognized and introduced to the Senate Pansy Case, caregiver to Rudy Acosta, and Ron Brown, Brenda Coleman-Beattie, Mary Faithful, and Colleen Horton, friends of Rudy Acosta.
The Senate welcomed its guests and extended its sympathy.
MESSAGE FROM THE HOUSE
HOUSE CHAMBER
Austin, Texas
February 18, 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:
SCR 19, Recognizing February 17, 2009, as Kidney Day at the State Capitol.
SCR 20, Granting the legislature permission to adjourn for more than three days during the period beginning on Wednesday, February 18, 2009, and ending on Monday, February 23, 2009.
Respectfully,
/s/Robert Haney, Chief Clerk
House of Representatives
SENATE RESOLUTION 54
Senator West offered the following resolution:
WHEREAS, The Senate of the State of Texas is pleased to recognize the members of the Leadership Southwest Class of 2009 and to join them in celebrating February 18, 2009, as Leadership Southwest Day at the State Capitol; and
WHEREAS, An innovative program designed to develop and nurture the leaders of tomorrow, Leadership Southwest seeks to advance the spirit of community activism by increasing participants' knowledge and understanding of the issues facing the cities of southwest Dallas County; and
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WHEREAS, Those participating in Leadership Southwest receive invaluable instruction from high-profile business and community leaders on such crucial issues as communication, education, law enforcement, health and human services, and quality of life; and
WHEREAS, Since the inception of Leadership Southwest in 1985, more than 800 community volunteers and business leaders have taken advantage of the benefits of this outstanding program and worked to make southwest Dallas County a better place in which to live, work, and raise a family; now, therefore, be it
RESOLVED, That the Senate of the State of Texas, 81st Legislature, hereby commend the members of the Leadership Southwest Class of 2009 on their dedication to confronting the vital issues facing their communities and extend to them best wishes for a memorable Leadership Southwest Day at the State Capitol; and, be it further
RESOLVED, That a copy of this Resolution be prepared for them as an expression of esteem from the Texas Senate.
SR 54 was read and was adopted without objection.
GUESTS PRESENTED
Senator West was recognized and introduced to the Senate Marcus E. Knight, Mayor of Lancaster; Bobby Waddle, Mayor of DeSoto; Charlotte Berry, Chair, Leadership Southwest; Tim McKay, Chair-elect, Leadership Southwest; and Laura Hallmark, Leadership Southwest Board Member; accompanied by a delegation representing Leadership Southwest.
The Senate welcomed its guests.
SENATE RESOLUTION 246
Senator Hinojosa offered the following resolution:
WHEREAS, The Senate of the State of Texas is pleased to recognize the delegation of distinguished legislators from the West African nations of Liberia and Sierra Leone as they visit the State Capitol on a study mission; and
WHEREAS, Organized by the Institute for Representative Government in cooperation with the National Democratic Institute, this important study mission brings this impressive delegation to our state to investigate procedures and systems relating to the oversight of extractive industries and to discuss strategies for reducing poverty; and
WHEREAS, The members of the delegation from Liberia are Senator Franklin Siakor, Representative Gabriel Smith, and Representative Victoria Lynch; and
WHEREAS, The members of the delegation from Sierra Leone are Deputy Majority Leader Sheku B. B. Dumbuya, the Honorable Emma Kowa, and the Honorable Shiaka Musa Sama; and
WHEREAS, These distinguished legislators represent a diverse range of political parties and movements within their respective nations; their commitment to the principles and practices of good governance is justly deserving of respect and recognition; now, therefore, be it
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RESOLVED, That the Senate of the State of Texas, 81st Legislature, hereby commend the legislative delegation from Liberia and Sierra Leone on their dedication to improving the legislative processes in their nations and extend to them a heartfelt welcome to the State Capitol; and, be it further
RESOLVED, That a copy of this Resolution be prepared for them as an expression of high regard from the Texas Senate.
SR 246 was read and was adopted without objection.
GUESTS PRESENTED
Senator Hinojosa was recognized and introduced to the Senate a delegation of legislators from the West African nations of the Republic of Liberia, the Republic of Sierra Leone, and the Republic of Nigeria:iiSenator Franklin Siakor, Representatives Gabriel Smith and Victoria Lynch, the Honorable Sheku B. B. Dumbuya, the Honorable Emma Kowa, the Honorable Shiaka Musa Sama, the Honorable Tony Elumelu, and the Honorable Jumoke Okoya-Thomas.
The Senate welcomed its guests.
RESOLUTIONS OF RECOGNITION
The following resolutions were adopted by the Senate:
Memorial Resolution
SRi250iby Ellis,iIn memory of Wilhelmina Daisy Cullen Robertson Smith of Houston.
Congratulatory Resolutions
SRi233iby Uresti,iCongratulating the Lucy Rede Franco Middle School band of Presidio County for being named The Spirit of STAR DAY 2009 School Band.
SRi245iby Nelson,iRecognizing Leadership Keller for its contributions to the Keller community.
SRi247iby Whitmire,iRecognizing the 2009 Profiles of Prominence honorees of the Houston Northwest Chapter of National Women of Achievement, Incorporated.
SRi248iby West,iCongratulating Cheryl L. Mayo for receiving a legacy torch from the Urban League of Greater Dallas.
SRi252iby Eltife,iRecognizing the nursing programs at Panola College in Carthage for their contributions to the community.
SRi255iby Lucio,iRecognizing the Texas Camino Real District Export Council on the occasion of its 10th anniversary as an independent council.
Official Designation Resolutions
SRi249iby Estes,iDeclaring March 4, 2009, Parent Association for the Retarded of Texas Day at the State Capitol.
SRi251iby Seliger,iRecognizing February 24, 2009, as Panhandle Day at the State Capitol.
SRi253iby Nichols,iRecognizing February 18 and 19, 2009, as Nacogdoches County Days at the State Capitol.
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SRi254iby Nichols,iRecognizing February 18, 2009, as Stephen F. Austin State University, SFA Student Government Association, and SFA Alumni Association Day.
ADJOURNMENT
On motion of Senator Whitmire, the Senate at 12:26 p.m. adjourned, in memory of Raul "Rudy" Acosta, until 1:30 p.m. Monday, February 23, 2009.
AAAPPENDIXAA
RESOLUTIONS ENROLLED
February 17, 2009
SCRi14, SCRi16, SRi37, SRi63, SRi178, SRi179, SRi197, SRi198, SRi199, SRi200, SRi201, SRi203, SRi204, SRi207, SRi209, SRi210, SRi212, SRi213, SRi214, SRi215, SRi216, SRi217, SRi218, SRi219, SRi220, SRi222, SRi223, SRi225, SRi226, SRi227, SRi228, SRi230, SRi231, SRi232, SRi234, SRi235, SRi236, SRi237, SRi238, SRi239, SRi240, SRi241, SRi242
SENT TO SECRETARY OF STATE
February 18, 2009
SCRi16
SENT TO GOVERNOR
February 18, 2009
SCRi14
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In Memory
of
Raul "Rudy" Acosta
Senate Concurrent Resolution 18
WHEREAS, The Legislature of the State of Texas honors and commemorates the life of Raul "Rudy" Acosta, who died February 18, 2008, at the age of 43; and
WHEREAS, Raul "Rudy" Acosta was born November 25, 1964; diagnosed with a rare and severe form of muscular dystrophy at the age of two, he faced his life with dignity, courage, and an enduring determination to help others with disabilities; and
WHEREAS, Mr. Acosta lived for many years in various institutions throughout the state before acquiring the services he needed to live independently; his experiences drove his desire to serve as an advocate for community alternatives to nursing homes and state institutions; and
WHEREAS, Mr. Acosta overcame his physical limitations to earn degrees from Odessa College and Texas Tech University, and he was later appointed to the Texas Council for Developmental Disabilities by Governor George W. Bush; and
WHEREAS, Mr. Acosta served on the board of directors of Advocacy, Incorporated, and in 2002 was honored by the Texas State Independent Living Council with its Outstanding Consumer Award; and
WHEREAS, A man of courage, inner strength, and limitless resolve, Mr. Acosta gave generously to others, and his wisdom, irrepressible good humor, and enthusiasm for living each day to the fullest will not be forgotten by those who knew him; he will long be remembered for his impressive spirit and his many accomplishments; now, therefore, be it
RESOLVED, That the 81st Legislature of the State of Texas hereby extend sincere condolences to the bereaved family and friends of Raul "Rudy" Acosta; and, be it further
RESOLVED, That a copy of this resolution be prepared for his family as an expression of deepest sympathy from the Texas Legislature, and that when the legislature adjourns this day, it do so in memory of Raul Acosta.
DUNCAN
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