EIGHTY-FIRST LEGISLATURE — REGULAR SESSION
AUSTIN, TEXAS
PROCEEDINGS
TWENTY-SEVENTH DAY
(Wednesday, March 25, 2009)
The Senate met at 11:15 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.
The Reverend Stephen Warren, First Baptist Church, Buda, offered the invocation as follows:
Our heavenly Father, creator and sustainer of us all, we thank You for the day that You have given to us. We humbly come before You asking that You give to us Your wisdom in knowing how to guide and lead this great state. We thank You for providing for us and Your continual watch care. We ask that You forgive us when we fail You and forget to acknowledge You. We ask that You be with our men and women who are so gallantly serving in our armed forces and that You keep them safe and out of harm's way. We also ask that You give comfort and peace to the families that are remaining here at home as they wait for their loved ones to come home. Lord, please continue to watch over our great state and nation and be with our leaders as they seek to serve us. In Your precious name we ask these things. 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 18
On motion of Senator Estes, Senator Carona will be shown as Co-author of SBi18.
CO-AUTHOR OF SENATE BILL 19
On motion of Senator Patrick, Senator Hinojosa will be shown as Co-author of SBi19.
CO-AUTHOR OF SENATE BILL 61
On motion of Senator Zaffirini, Senator Carona will be shown as Co-author of SBi61.
CO-AUTHOR OF SENATE BILL 88
On motion of Senator Nelson, Senator Estes will be shown as Co-author of SBi88.
CO-AUTHOR OF SENATE BILL 730
On motion of Senator Hegar, Senator Shapiro will be shown as Co-author of SBi730.
CO-AUTHOR OF SENATE BILL 769
On motion of Senator Williams, Senator Ellis will be shown as Co-author of SBi769.
CO-AUTHOR OF SENATE BILL 841
On motion of Senator Averitt, Senator Davis will be shown as Co-author of SBi841.
CO-AUTHOR OF SENATE BILL 1154
On motion of Senator Davis, Senator West will be shown as Co-author of SBi1154.
CO-AUTHOR OF SENATE BILL 1176
On motion of Senator Patrick, Senator Lucio will be shown as Co-author of SBi1176.
CO-AUTHORS OF SENATE BILL 1443
On motion of Senator Zaffirini, Senators Averitt, Deuell, Fraser, Hegar, Huffman, Seliger, and Wentworth will be shown as Co-authors of SBi1443.
CO-AUTHOR OF SENATE BILL 1467
On motion of Senator Davis, Senator West will be shown as Co-author of SBi1467.
CO-AUTHOR OF SENATE BILL 1659
On motion of Senator Averitt, Senator Nelson will be shown as Co-author of SBi1659.
CO-AUTHOR OF SENATE BILL 2165
On motion of Senator Ellis, Senator Davis will be shown as Co-author of SBi2165.
702 81st Legislature — Regular Session 27th Day
MESSAGE FROM THE HOUSE
HOUSE CHAMBER
Austin, Texas
March 25, 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 133, Honoring Calvin Nelson Clyde, Jr., of Tyler on his 88th birthday.
Respectfully,
/s/Robert Haney, Chief Clerk
House of Representatives
SENATE RESOLUTION 454
Senator Seliger offered the following resolution:
WHEREAS, The Senate of the State of Texas is pleased to join the citizens of the Big Spring area and Texans across the state in celebrating March 25, 2009, as Big Spring Area Day at the State Capitol; and
WHEREAS, Located in Howard County in the scenic expanse of West Texas, the Big Spring area is comprised of thriving communities that look forward to a promising and prosperous future; and
WHEREAS, New development in the area is evidence of the determination and strength of the region's greatest resource, the people who work together to create an atmosphere of community collaboration; the construction of four wind turbine farms, the expansion of McMahon-Wrinkle Airport, and the continuing importance of oil and gas and agricultural interests demonstrate the area's economic vitality and commitment to progress; and
WHEREAS, The City of Big Spring recently created a Downtown Historic District to spur growth and development; the restoration of the historic Settles Hotel, new infrastructure, and landscaping have revitalized the downtown area of this regional hub for health care, education, and recreation; and
WHEREAS, Blessed with a rich historical legacy and possessed of an abundant future, the citizens of the Big Spring area are rightly proud of their many contributions to our state and their commitment to ensuring an outstanding quality of life; now, therefore, be it
RESOLVED, That the Senate of the State of Texas, 81st Legislature, hereby commend the citizens of the Big Spring area on their many contributions to our state and extend to them best wishes for a memorable Big Spring Area Day at 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 454 was again read.
The resolution was previously adopted on Wednesday, March 18, 2009.
Wednesday, March 25, 2009 SENATE JOURNAL 703
GUESTS PRESENTED
Senator Seliger was recognized and introduced to the Senate Russ McEwen, Mayor, Big Spring; Terry Wegman, Big Spring Economic Development Corporation; Steve Herren, President, Big Spring Chamber of Commerce Board of Directors; Steven Saldivar, Big Spring Independent School District; Mark Myers, Provost, Southwest Collegiate Institute for the Deaf; accompanied by a delegation of Big Spring area citizens.
The Senate welcomed its guests.
GUESTS PRESENTED
Senator Nichols was recognized and introduced to the Senate representatives of the Texas Forestry Association.
The Senate welcomed its guests.
GUESTS PRESENTED
Senator Hegar was recognized and introduced to the Senate students and their teacher from Royal Elementary School in Brookshire.
The Senate welcomed its guests.
GUESTS PRESENTED
Senator Eltife was recognized and introduced to the Senate a delegation of citizens from the City of Mount Pleasant.
The Senate welcomed its guests.
PHYSICIAN OF THE DAY
Senator Shapiro was recognized and presented Dr. Christopher Lawrence of McKinney as the Physician of the Day.
The Senate welcomed Dr. Lawrence and thanked him for his participation in the Physician of the Day program sponsored by the Texas Academy of Family Physicians.
GUESTS PRESENTED
Senator Huffman was recognized and introduced to the Senate students and their teachers from Sharpstown High School in the City of Houston.
The Senate welcomed its guests.
SENATE RESOLUTION 514
Senator Uresti offered the following resolution:
WHEREAS, The Senate of the State of Texas is pleased to recognize the Northside Independent School District on the occasion of its 60th anniversary; and
WHEREAS, The Northside Independent School District traces its roots to 1949, when a number of small rural school districts serving grades one through eight came together to form the Northside Consolidated Common School District Number One; through the years, the district has continued to grow and serve an ever-expanding student population; and
704 81st Legislature — Regular Session 27th Day
WHEREAS, The Northside Independent School District has been a vital part of the community as it has prepared countless students for their lives as productive members of our society; and
WHEREAS, The district has prepared for the challenges of the future by recently implementing a five-year strategic plan, which will guide its direction through 2013; and
WHEREAS, With new classrooms being added to existing schools and new campuses opening every year, the Northside Independent School District is poised to meet the increasing needs of the district's residents and continue its long tradition of excellence in education; now, therefore, be it
RESOLVED, That the Senate of the State of Texas, 81st Legislature, hereby commend the Northside Independent School District on 60 years of high-quality education and extend best wishes for continued success in teaching the students of the district; and, be it further
RESOLVED, That a copy of this Resolution be prepared for the district as an expression of high regard from the Texas Senate.
URESTI
VANiDEiPUTTE
WENTWORTH
SR 514 was read and was adopted without objection.
GUESTS PRESENTED
Senator Uresti, joined by Senators VanideiPutte and Wentworth, was recognized and introduced to the Senate representatives of the Northside Independent School District in San Antonio: Katie Reed, Board of Trustees President, and Dr. John Folks, Superintendent.
The Senate welcomed its guests.
SENATE RESOLUTION 483
Senator Shapleigh offered the following resolution:
WHEREAS, The Senate of the State of Texas is pleased to join Texans across the state in celebrating the exemplary accomplishments of Communities In Schools of Texas; and
WHEREAS, An effective and successful dropout prevention program, Communities In Schools was established in Texas in 1979, beginning in Houston, and it now operates 27 programs across the state; and
WHEREAS, Communities In Schools operates in partnership with local school districts, businesses, and the community at large to provide services to students who are at risk of dropping out of school; and
WHEREAS, In 2008 alone, this exceptional program served more than 560,000 students across the state and provided intensive case management to more than 85,000 students, keeping 98 percent of eligible participants in school; and
WHEREAS, Ensuring the education of all young people in Texas is critical to maintaining a competitive edge in the workforce and a stable economy; Communities In Schools addresses the myriad challenges faced by today's students by allowing them to focus on learning; now, therefore, be it
Wednesday, March 25, 2009 SENATE JOURNAL 705
RESOLVED, That the Senate of the State of Texas, 81st Legislature, hereby commend Communities In Schools of Texas on its exemplary achievements in keeping young people in school and call upon all Texans to celebrate March, 2009, as Communities In Schools Month and March 25, 2009, as Communities In Schools Day at the State Capitol; and, be it further
RESOLVED, That a copy of this Resolution be prepared for this outstanding organization as an expression of esteem from the Texas Senate.
SR 483 was read and was adopted without objection.
GUESTS PRESENTED
Senator Shapleigh was recognized and introduced to the Senate Robert Shaw, Sylvia Teague, Bill Milliken, Angela Wilborn, and former Senator Gonzalo Barrientos, accompanied by a delegation representing Communities In Schools of Texas.
Senator Zaffirini was also recognized and introduced Communities In Schools representatives from Senate Districti21.
The Senate welcomed its guests.
SENATE RESOLUTION 508
Senator Fraser offered the following resolution:
WHEREAS, The Senate of the State of Texas is pleased to recognize the Alpha Chi Chapter of the Delta Kappa Gamma Society International on the splendid occasion of its 75th anniversary; and
WHEREAS, The Delta Kappa Gamma Society International was founded by Annie Webb Blanton, a professor of education at The University of Texas, on May 11, 1929, and it has grown to 115,000 members in chapters located in 16 countries around the world; the society honors women educators who have made exceptional contributions in the field of education and promotes professional and personal growth; and
WHEREAS, The Alpha Chi Chapter, also established by Dr. Blanton, was chartered on March 10, 1934, with 12 founding members, women educators from Burnet, Llano, San Saba, and Lampasas Counties; the women of San Saba and Lampasas Counties formed a separate chapter in 1964; and
WHEREAS, Following the principles set forth by the Delta Kappa Gamma Society International, the Alpha Chi Chapter works to enhance opportunities for women in education and celebrates their achievements; it initiates and supports legislation that furthers the interests of the field of education and of women educators, keeps members informed about important issues, and offers enrichment opportunities; and
WHEREAS, Membership in the Alpha Chi Chapter is both an honor and a responsibility; members provide many hours of service and contribute to worthy causes; they have established a scholarship and have provided 55 grants to future teachers in Marble Falls, Burnet, and Llano; the members of the Alpha Chi Chapter are outstanding leaders and excellent role models in their communities; now, therefore, be it
706 81st Legislature — Regular Session 27th Day
RESOLVED, That the Senate of the State of Texas, 81st Legislature, hereby commend the members of the Alpha Chi Chapter of the Delta Kappa Gamma Society International for their commitment to education and to their communities and extend to them best wishes for a wonderful 75th anniversary celebration; and, be it further
RESOLVED, That a copy of this Resolution be prepared as an expression of highest regard from the Texas Senate.
SR 508 was read and was adopted without objection.
GUESTS PRESENTED
Senator Fraser was recognized and introduced to the Senate a delegation representing the Alpha Chi Chapter of the Delta Kappa Gamma Society International.
The Senate welcomed its guests.
SENATE RESOLUTION 493
Senator Shapiro offered the following resolution:
WHEREAS, The Senate of the State of Texas is pleased to recognize the Glazer's Family of Companies, which is celebrating 100 years of outstanding service to its customers and community; and
WHEREAS, Based in Addison, the Glazer's Family of Companies traces its history to 1909, when Louis Glazer and his wife, Bessie, moved to Dallas and established the Jumbo Bottling Company; this enduring enterprise began with a simple line of flavored soda waters sold from the back of horse-drawn wagons; and
WHEREAS, Today, Glazer's Distributors markets beverages throughout Texas, Arkansas, Louisiana, Oklahoma, Ohio, Mississippi, Missouri, Indiana, Kansas, Iowa, and Arizona; it employs 2,000 people and has 13 distribution centers in Texas alone; and
WHEREAS, A leader in social responsibility and corporate philanthropy, the Glazer's Family of Companies has through the years adhered to a philosophy of forming strong, lasting partnerships and hiring and retaining the highest caliber of employees; it is truly deserving of recognition for its many outstanding achievements, its long record of service, and its high standing in its field; now, therefore, be it
RESOLVED, That the Senate of the State of Texas, 81st Legislature, hereby commend the Glazer's Family of Companies on its legacy of service and extend best wishes for a memorable 100th anniversary; and, be it further
RESOLVED, That a copy of this Resolution be prepared for this exceptional Texas business as an expression of esteem from the Texas Senate.
SR 493 was read and was adopted without objection.
GUESTS PRESENTED
Senator Shapiro was recognized and introduced to the Senate Bennett and Marion Glazer, Sam Glazer, Jerry Cargill, Jeff Hill, and Lisa Sparks representing the Glazer's Family of Companies.
The Senate welcomed its guests.
Wednesday, March 25, 2009 SENATE JOURNAL 707
SENATE RESOLUTION 466
Senator Van de Putte offered the following resolution:
WHEREAS, The Senate of the State of Texas is pleased to recognize the Bexar County Juvenile Probation Department as it celebrates more than a century of service; and
WHEREAS, The Bexar County Juvenile Probation Department was created in 1908, shortly after the passage of the Texas Juvenile Court Act of 1907; and
WHEREAS, The department began its existence in a second-floor office in the county courthouse and served an average of 720 juveniles per year; and
WHEREAS, The Bexar County Juvenile Probation Department now serves an average of 7,100 juveniles each year, and the juvenile justice system has grown to include two courts, two associate courts, a detention facility, a long-term secure treatment facility, and a staff of more than 600 dedicated public servants; and
WHEREAS, To commemorate more than 100 years of the rehabilitation and redirection of the young people of Bexar County, a celebration is being held on Marchi26, 2009, and Vicki Spriggs, director of the Texas Juvenile Probation Commission, is delivering the keynote address; now, therefore, be it
RESOLVED, That the Senate of the State of Texas, 81st Legislature, hereby commend the Bexar County Juvenile Probation Department on its longstanding commitment to serving the community and extend congratulations on the occasion of its 100th anniversary; and, be it further
RESOLVED, That a copy of this Resolution be prepared for the department as an expression of high regard from the Texas Senate.
SR 466 was again read.
The resolution was previously adopted on Thursday, March 19, 2009.
GUESTS PRESENTED
Senator Van de Putte was recognized and introduced to the Senate David Riley, Chief Juvenile Probation Officer, and Maricela Morales, Deputy Chief Probation Officer, of Bexar County.
The Senate welcomed its guests.
SENATE RESOLUTION 475
Senator Nelson offered the following resolution:
WHEREAS, The Senate of the State of Texas is pleased to recognize the Texas Board of Nursing on the occasion of its 100th anniversary; and
WHEREAS, The Texas Board of Nursing was created on March 13, 1909, when Governor Thomas Mitchell Campbell signed into law the Nurses Registration Act of 1909; known at the time as the Board of Nurse Examiners, this dedicated agency has for 100 years worked to maintain public trust in the nursing profession; and
WHEREAS, From its early days, when 222 applications for nurse registration were approved at the first regular meeting of the five-member board, until today, with more than 200,000 registered nurses in our state, the Texas Board of Nursing has held fast to its mission of ensuring that each person holding a license as a nurse in the State of Texas is competent to practice safely; and
708 81st Legislature — Regular Session 27th Day
WHEREAS, Throughout its history, the Texas Board of Nursing has played a vital role in providing leadership for the nursing profession; among its many initiatives have been education programs for advanced nurse practitioners and the adoption of the National Council Licensure Examination for Registered Nurses for entry-level nurses; and
WHEREAS, Nurses are the second-largest group of licensed professionals in the nation, and one of the most respected; the Texas Board of Nursing is truly deserving of recognition for its dedication to quality and professionalism; now, therefore, be it
RESOLVED, That the Senate of the State of Texas, 81st Legislature, hereby commend the Texas Board of Nursing on its legacy of stewardship of the nursing profession and extend best wishes for a memorable 100th anniversary; and, be it further
RESOLVED, That a copy of this Resolution be prepared for the board as an expression of high regard from the Texas Senate.
SR 475 was again read.
The resolution was previously adopted on Thursday, March 19, 2009.
(Senator Eltife in Chair)
CONCLUSION OF MORNING CALL
The Presiding Officer at 12:05 p.m. announced the conclusion of morning call.
COMMITTEEiiSUBSTITUTE
SENATE BILL 820 ON SECOND READING
On motion of Senator Duncan and by unanimous consent, the regular order of business was suspended to take up for consideration CSSBi820 at this time on its second reading:
CSSB 820, Relating to the adoption and amendment of model building codes by certain municipalities.
The bill was read second time and was passed to engrossment by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to engrossment except as follows:
Nays:iiWilliams.
COMMITTEEiiSUBSTITUTE
SENATE BILL 820 ON THIRD READING
Senator Duncan moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi820 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi30, Naysi1.
Nays:iiWentworth.
Wednesday, March 25, 2009 SENATE JOURNAL 709
Reason for Vote
Senator Wentworth submitted the following reason for vote on suspension of the Constitutional Three-day Rule:
I cast a "No" vote on the procedural motion to suspend the Constitutional Rule requiring that bills be read on three several days in order to take up and consider CSSBi820, because in my judgment no circumstance exists in this case to justify the extraordinary act of suspending a requirement of the Texas Constitution. The suspension of this Constitutional Rule has the direct and immediate effect of denying the people of Texas knowledge and notice of the passage of this measure until it has already been finally passed on third reading. Were we to have followed the requirement of the Texas Constitution, third reading and a vote on CSSBi820 would have occurred on the next legislative day, allowing for Texans to have learned through news reports of our second reading vote exactly what we had tentatively passed. Third reading and a vote on the next legislative day would also have allowed our professional staff an opportunity overnight to make sure any amendments passed on second reading are technically correct.
/s/Jeff Wentworth
Senator, District 25
The bill was read third time and was passed by the following vote:iiYeasi30, Naysi1.
Nays:iiWilliams.
(President Pro Tempore Duncan in Chair)
COMMITTEEiiSUBSTITUTE
SENATE BILL 769 ON SECOND READING
On motion of Senator Williams and by unanimous consent, the regular order of business was suspended to take up for consideration CSSBi769 at this time on its second reading:
CSSB 769, Relating to methods for the recovery of system restoration costs incurred by electric utilities following hurricanes, tropical storms, ice or snow storms, floods, and other weather-related events and natural disasters.
The bill was read second time and was passed to engrossment by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to engrossment.
COMMITTEEiiSUBSTITUTE
SENATE BILL 769 ON THIRD READING
Senator Williams moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi769 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi30, Naysi1.
Nays:iiWentworth.
710 81st Legislature — Regular Session 27th Day
Reason for Vote
Senator Wentworth submitted the following reason for vote on suspension of the Constitutional Three-day Rule:
I cast a "No" vote on the procedural motion to suspend the Constitutional Rule requiring that bills be read on three several days in order to take up and consider CSSBi769, because in my judgment no circumstance exists in this case to justify the extraordinary act of suspending a requirement of the Texas Constitution. The suspension of this Constitutional Rule has the direct and immediate effect of denying the people of Texas knowledge and notice of the passage of this measure until it has already been finally passed on third reading. Were we to have followed the requirement of the Texas Constitution, third reading and a vote on CSSBi769 would have occurred on the next legislative day, allowing for Texans to have learned through news reports of our second reading vote exactly what we had tentatively passed. Third reading and a vote on the next legislative day would also have allowed our professional staff an opportunity overnight to make sure any amendments passed on second reading are technically correct.
/s/Jeff Wentworth
Senator, District 25
The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.
(President in Chair)
SENATE BILL 572 ON SECOND READING
On motion of Senator Shapiro and by unanimous consent, the regular order of business was suspended to take up for consideration SBi572 at this time on its second reading:
SB 572, Relating to transportation safety training requirements for certain child-care providers.
The bill was read second time and was passed to engrossment by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to engrossment.
SENATE BILL 572 ON THIRD READING
Senator Shapiro moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SBi572 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi30, Naysi1.
Nays:iiWentworth.
Reason for Vote
Senator Wentworth submitted the following reason for vote on suspension of the Constitutional Three-day Rule:
Wednesday, March 25, 2009 SENATE JOURNAL 711
I cast a "No" vote on the procedural motion to suspend the Constitutional Rule requiring that bills be read on three several days in order to take up and consider SBi572, because in my judgment no circumstance exists in this case to justify the extraordinary act of suspending a requirement of the Texas Constitution. The suspension of this Constitutional Rule has the direct and immediate effect of denying the people of Texas knowledge and notice of the passage of this measure until it has already been finally passed on third reading. Were we to have followed the requirement of the Texas Constitution, third reading and a vote on SBi572 would have occurred on the next legislative day, allowing for Texans to have learned through news reports of our second reading vote exactly what we had tentatively passed. Third reading and a vote on the next legislative day would also have allowed our professional staff an opportunity overnight to make sure any amendments passed on second reading are technically correct.
/s/Jeff Wentworth
Senator, District 25
The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.
SENATE BILL 731 ON SECOND READING
On motion of Senator Jackson and by unanimous consent, the regular order of business was suspended to take up for consideration SBi731 at this time on its second reading:
SB 731, Relating to the sale of certain alcoholic beverages to private club registration permit holders.
The bill was read second time and was passed to engrossment by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to engrossment.
SENATE BILL 731 ON THIRD READING
Senator Jackson moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SBi731 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi30, Naysi1.
Nays:iiWentworth.
Reason for Vote
Senator Wentworth submitted the following reason for vote on suspension of the Constitutional Three-day Rule:
I cast a "No" vote on the procedural motion to suspend the Constitutional Rule requiring that bills be read on three several days in order to take up and consider SBi731, because in my judgment no circumstance exists in this case to justify the extraordinary act of suspending a requirement of the Texas Constitution. The suspension of this Constitutional Rule has the direct and immediate effect of denying the people of Texas knowledge and notice of the passage of this measure until it has
712 81st Legislature — Regular Session 27th Day
/s/Jeff Wentworth
Senator, District 25
The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.
COMMITTEEiiSUBSTITUTE
SENATE BILL 381 ON SECOND READING
On motion of Senator Van de Putte and by unanimous consent, the regular order of business was suspended to take up for consideration CSSBi381 at this time on its second reading:
CSSB 381, Relating to the authority of physicians to delegate to certain pharmacists the implementation and modification of a patient's drug therapy.
The bill was read second time and was passed to engrossment by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to engrossment.
COMMITTEEiiSUBSTITUTE
SENATE BILL 381 ON THIRD READING
Senator Van de Putte moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi381 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi30, Naysi1.
Nays:iiWentworth.
Reason for Vote
Senator Wentworth submitted the following reason for vote on suspension of the Constitutional Three-day Rule:
I cast a "No" vote on the procedural motion to suspend the Constitutional Rule requiring that bills be read on three several days in order to take up and consider CSSBi381, because in my judgment no circumstance exists in this case to justify the extraordinary act of suspending a requirement of the Texas Constitution. The suspension of this Constitutional Rule has the direct and immediate effect of denying the people of Texas knowledge and notice of the passage of this measure until it has already been finally passed on third reading. Were we to have followed the requirement of the Texas Constitution, third reading and a vote on CSSBi381 would have occurred on the next legislative day, allowing for Texans to have learned through news reports of our second reading vote exactly what we had tentatively passed.
Wednesday, March 25, 2009 SENATE JOURNAL 713
/s/Jeff Wentworth
Senator, District 25
The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.
SENATE RESOLUTION 345
Senator Estes offered the following resolution:
WHEREAS, The Senate of the State of Texas is pleased to welcome members of the State Firemen's and Fire Marshals' Association of Texas on Firefighter Legislative Day at the State Capitol on March 25, 2009; and
WHEREAS, The members of this esteemed organization are gathering to recognize and honor the tireless and heroic actions of the members of the Texas fire service; the names of six courageous volunteer firefighters who died in the line of duty are being unveiled at the volunteer firemen's monument on the Capitol grounds; and
WHEREAS, The firemen being honored are Elmer Homilius of the Comfort Volunteer Fire Department, who died October 15, 1984; Austin Cheek of the Noonday Volunteer Fire Department, who died August 3, 2007; Kevin Williams of the Noonday Volunteer Fire Department, who died August 3, 2007; William Simes of the Giddings Volunteer Fire Department, who died September 25, 2007; Robert Knight of the Teague Volunteer Fire Department, who died July 5, 2008; and Joe Jordan of the Pickton Pine Forest Volunteer Fire Department, who died July 4, 2008; most of the families of the fallen firefighters are here with us today; and
WHEREAS, The State Firemen's and Fire Marshals' Association of Texas is the oldest and the largest fire service organization in the state; the association was founded in 1876 and currently represents more than 1,200 fire departments, 19,000 individual members, and 80 industrial fire brigades; and
WHEREAS, The association sponsors and supports the world's largest fire-training school, held each summer at Texas A&M University; the association also provides instructors and professional services on the fire school's advisory board; and
WHEREAS, The cornerstone of the State Firemen's and Fire Marshals' Association is the certification program for volunteer firefighters, which encourages training, education, and certification for all volunteers; and
WHEREAS, Approximately 70 percent of the firefighters providing fire service to the citizens of Texas are volunteer firefighters; they volunteer their valuable services, responding to emergency calls and attending training sessions to learn the latest firefighting techniques; now, therefore, be it
RESOLVED, That the Senate of the State of Texas, 81st Legislature, hereby commend the firefighters of Texas for their courageous actions and devotion to duty on behalf of their fellow citizens and pay tribute to the volunteer firefighters who have died in the line of duty; and, be it further
714 81st Legislature — Regular Session 27th Day
RESOLVED, That a copy of this Resolution be prepared in honor of the firefighters and fire marshals of Texas.
SR 345 was again read.
The resolution was previously adopted on Monday, March 2, 2009.
COMMITTEEiiSUBSTITUTE
SENATE BILL 470 ON SECOND READING
On motion of Senator Carona and by unanimous consent, the regular order of business was suspended to take up for consideration CSSBi470 at this time on its second reading:
CSSB 470, Relating to training and continuing education for licensed electrical apprentices.
The bill was read second time and was passed to engrossment by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to engrossment.
COMMITTEEiiSUBSTITUTE
SENATE BILL 470 ON THIRD READING
Senator Carona moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi470 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi30, Naysi1.
Nays:iiWentworth.
Reason for Vote
Senator Wentworth submitted the following reason for vote on suspension of the Constitutional Three-day Rule:
I cast a "No" vote on the procedural motion to suspend the Constitutional Rule requiring that bills be read on three several days in order to take up and consider CSSBi470, because in my judgment no circumstance exists in this case to justify the extraordinary act of suspending a requirement of the Texas Constitution. The suspension of this Constitutional Rule has the direct and immediate effect of denying the people of Texas knowledge and notice of the passage of this measure until it has already been finally passed on third reading. Were we to have followed the requirement of the Texas Constitution, third reading and a vote on CSSBi470 would have occurred on the next legislative day, allowing for Texans to have learned through news reports of our second reading vote exactly what we had tentatively passed. Third reading and a vote on the next legislative day would also have allowed our professional staff an opportunity overnight to make sure any amendments passed on second reading are technically correct.
/s/Jeff Wentworth
Senator, District 25
The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.
Wednesday, March 25, 2009 SENATE JOURNAL 715
COMMITTEEiiSUBSTITUTE
SENATE BILL 300 ON SECOND READING
On motion of Senator Patrick and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 300 at this time on its second reading:
CSSB 300, Relating to eliminating or modifying certain mandates on school districts.
The bill was read second time.
Senator Seliger offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSSB 300 (Senate committee printing) in SECTION 2 of the bill, in amended Section 34.0021(b), Education Code (page 1, line 41), between "video" and "[" by inserting ". A video used for training under this subsection may be produced by students".
The amendment to CSSB 300 was read and was adopted by a viva voce vote.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1.
Senator Watson offered the following amendment to the bill:
Floor Amendment No. 2
Amend CSSB 300 (Senate committee report) as follows:
(1)iiIn SECTION 3 of the bill, in amended Section 44.902, Education Code (page 1, line 48), between "ENERGY." and "The", insert "(a)".
(2)iiIn SECTION 3 of the bill, in amended Section 44.902, Education Code (page 1, between lines 53 and 54), insert the following:
(b)iiThe plan required under Subsection (a) must include:
(1)iistrategies for achieving energy efficiency that:
(A)iiresult in net savings for the district; or
(B)iican be achieved without financial cost to the district; and
(2)iifor each strategy identified under Subdivision (1), the initial, short-term capital costs and lifetime costs and savings that may result from implementation of the strategy.
(c)iiIn determining under Subsection (b) whether a strategy may result in financial cost to the district, the board of trustees shall consider the total net costs and savings that may occur over the seven-year period following implementation of the strategy.
(d)iiThe board of trustees may submit the plan required under Subsection (a) to the State Energy Conservation Office for the purposes of determining whether funds available through loan programs administered by the office are available to the district.
The amendment to CSSB 300 was read and was adopted by a viva voce vote.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 2.
716 81st Legislature — Regular Session 27th Day
Senator Watson offered the following amendment to the bill:
Floor Amendment No. 3
Amend CSSB 300 (Senate committee printing) by adding the appropriately numbered SECTION:
SECTIONi__.iiSection 11.163, Education Code, is amended to read as follows:
(d)iiThe employment policy must provide that not later than the 10th school day before the date on which a district fills a vacant position for which a certificate or license is required as provided by Section 21.003, other than a position that affects the safety and security of students as determined by the board of trustees, the district must provide to each current district employee:
(1)iinotice of the position by posting the position on:
(A)iia bulletin board at:
(i)iia place convenient to the public in the district's central administrative office; and
(ii)iithe central administrative office of each campus in the district
during any time the office is open; and or
(B)ii(iii) the district's Internet website, if the district has a website; and.
(2)iia reasonable opportunity to apply for the position.
The amendment to CSSB 300 was read and was adopted by a viva voce vote.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 3 except as follows:
Nays:iiWentworth.
On motion of Senator Patrick and by unanimous consent, the caption was amended to conform to the body of the bill as amended.
CSSB 300 as amended was passed to engrossment by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to engrossment.
COMMITTEEiiSUBSTITUTE
SENATE BILL 300 ON THIRD READING
Senator Patrick moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi300 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi30, Naysi1.
Nays:iiWentworth.
Reason for Vote
Senator Wentworth submitted the following reason for vote on suspension of the Constitutional Three-day Rule:
I cast a "No" vote on the procedural motion to suspend the Constitutional Rule requiring that bills be read on three several days in order to take up and consider CSSBi300, because in my judgment no circumstance exists in this case to justify the extraordinary act of suspending a requirement of the Texas Constitution. The suspension of this Constitutional Rule has the direct and immediate effect of denying
Wednesday, March 25, 2009 SENATE JOURNAL 717
/s/Jeff Wentworth
Senator, District 25
The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.
COMMITTEEiiSUBSTITUTE
SENATE BILL 476 ON SECOND READING
On motion of Senator Nelson and by unanimous consent, the regular order of business was suspended to take up for consideration CSSBi476 at this time on its second reading:
CSSB 476, Relating to staffing, overtime, and other employment protections for nurses.
The bill was read second time and was passed to engrossment by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to engrossment.
COMMITTEEiiSUBSTITUTE
SENATE BILL 476 ON THIRD READING
Senator Nelson moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi476 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi30, Naysi1.
Nays:iiWentworth.
Reason for Vote
Senator Wentworth submitted the following reason for vote on suspension of the Constitutional Three-day Rule:
I cast a "No" vote on the procedural motion to suspend the Constitutional Rule requiring that bills be read on three several days in order to take up and consider CSSBi476, because in my judgment no circumstance exists in this case to justify the extraordinary act of suspending a requirement of the Texas Constitution. The suspension of this Constitutional Rule has the direct and immediate effect of denying the people of Texas knowledge and notice of the passage of this measure until it has already been finally passed on third reading. Were we to have followed the requirement of the Texas Constitution, third reading and a vote on CSSBi476 would have occurred on the next legislative day, allowing for Texans to have learned through
718 81st Legislature — Regular Session 27th Day
/s/Jeff Wentworth
Senator, District 25
The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.
SENATE BILL 506 ON SECOND READING
Senator Carona moved to suspend the regular order of business to take up for consideration SBi506 at this time on its second reading:
SB 506, Relating to the operation and movement of motorcycles during periods of traffic congestion.
The motion prevailed by the following vote:iiYeasi27, Naysi4.
Yeas:iiAveritt, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Jackson, Lucio, Nelson, Nichols, Seliger, Shapleigh, Uresti, VanideiPutte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.
Nays:iiHuffman, Ogden, Patrick, Shapiro.
The bill was read second time and was passed to engrossment by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to engrossment except as follows:
Nays:iiHuffman, Ogden, Patrick, Shapiro.
SENATE BILL 506 ON THIRD READING
Senator Carona moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SBi506 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi26, Naysi5.
Yeas:iiAveritt, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Jackson, Lucio, Nelson, Nichols, Seliger, Shapleigh, Uresti, VanideiPutte, Watson, West, Whitmire, Williams, Zaffirini.
Nays:iiHuffman, Ogden, Patrick, Shapiro, Wentworth.
Reason for Vote
Senator Wentworth submitted the following reason for vote on suspension of the Constitutional Three-day Rule:
I cast a "No" vote on the procedural motion to suspend the Constitutional Rule requiring that bills be read on three several days in order to take up and consider SBi506, because in my judgment no circumstance exists in this case to justify the
Wednesday, March 25, 2009 SENATE JOURNAL 719
/s/Jeff Wentworth
Senator, District 25
The bill was read third time and was passed by the following vote:iiYeasi27, Naysi4.
Yeas:iiAveritt, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Jackson, Lucio, Nelson, Nichols, Seliger, Shapleigh, Uresti, VanideiPutte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.
Nays:iiHuffman, Ogden, Patrick, Shapiro.
COMMITTEEiiSUBSTITUTE
SENATE BILL 424 ON SECOND READING
On motion of Senator VanideiPutte and by unanimous consent, the regular order of business was suspended to take up for consideration CSSBi424 at this time on its second reading:
CSSB 424, Relating to the establishment and implementation of school-based influenza vaccination programs.
The bill was read second time and was passed to engrossment by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to engrossment.
COMMITTEEiiSUBSTITUTE
SENATE BILL 424 ON THIRD READING
Senator VanideiPutte moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi424 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi30, Naysi1.
Nays:iiWentworth.
Reason for Vote
Senator Wentworth submitted the following reason for vote on suspension of the Constitutional Three-day Rule:
720 81st Legislature — Regular Session 27th Day
I cast a "No" vote on the procedural motion to suspend the Constitutional Rule requiring that bills be read on three several days in order to take up and consider CSSBi424, because in my judgment no circumstance exists in this case to justify the extraordinary act of suspending a requirement of the Texas Constitution. The suspension of this Constitutional Rule has the direct and immediate effect of denying the people of Texas knowledge and notice of the passage of this measure until it has already been finally passed on third reading. Were we to have followed the requirement of the Texas Constitution, third reading and a vote on CSSBi424 would have occurred on the next legislative day, allowing for Texans to have learned through news reports of our second reading vote exactly what we had tentatively passed. Third reading and a vote on the next legislative day would also have allowed our professional staff an opportunity overnight to make sure any amendments passed on second reading are technically correct.
/s/Jeff Wentworth
Senator, District 25
The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.
COMMITTEEiiSUBSTITUTE
SENATE BILL 531 ON SECOND READING
On motion of Senator Patrick and by unanimous consent, the regular order of business was suspended to take up for consideration CSSBi531 at this time on its second reading:
CSSB 531, Relating to the billing coordination system for claims submitted for payment from the Medicaid program.
The bill was read second time and was passed to engrossment by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to engrossment.
COMMITTEEiiSUBSTITUTE
SENATE BILL 531 ON THIRD READING
Senator Patrick moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi531 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi30, Naysi1.
Nays:iiWentworth.
Reason for Vote
Senator Wentworth submitted the following reason for vote on suspension of the Constitutional Three-day Rule:
I cast a "No" vote on the procedural motion to suspend the Constitutional Rule requiring that bills be read on three several days in order to take up and consider CSSBi531, because in my judgment no circumstance exists in this case to justify the extraordinary act of suspending a requirement of the Texas Constitution. The
Wednesday, March 25, 2009 SENATE JOURNAL 721
/s/Jeff Wentworth
Senator, District 25
The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.
SENATE BILL 175 ON THIRD READING
Senator Shapiro moved to suspend the regular order of business to take up for consideration SBi175 at this time on its third reading and final passage:
SB 175, Relating to limitations on the automatic admission of undergraduate students to general academic teaching institutions.
The motion prevailed by the following vote:iiYeasi24, Naysi7.
Yeas:iiAveritt, Carona, Davis, Deuell, Duncan, Eltife, Estes, Fraser, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Seliger, Shapiro, Watson, Wentworth, Williams, Zaffirini.
Nays:iiEllis, Gallegos, Shapleigh, Uresti, VanideiPutte, West, Whitmire.
The bill was read third time and was passed by the following vote:iiYeasi24, Naysi7. (Same as previous roll call)
SESSION TO CONSIDER EXECUTIVE APPOINTMENTS
The President announced the time had arrived to consider executive appointments to agencies, boards, and commissions.iiNotice of submission of these names for consideration was given yesterday by Senator Jackson.
Senator Jackson moved confirmation of the nominees reported yesterday by the Committee on Nominations.
The President asked if there were requests to sever nominees.
There were no requests offered.
NOMINEES CONFIRMED
The following nominees, as reported by the Committee on Nominations, were confirmed by the following vote:iiYeasi31, Naysi0.
Members, Board of Regents, Midwestern State University: Charles Edward Engelman, Wichita County; Fenton Lynwood Givens, Collin County; Shawn G. Hessing, Tarrant County; Jane W. Spears, Wichita County.
722 81st Legislature — Regular Session 27th Day
Members, Prepaid Higher Education Tuition Board: Joe Colonnetta, Dallas County; Stephen Nations Mueller, Harris County.
Member, School Land Board: Todd F. Barth, Harris County.
Members, Board of Regents, Stephen F. Austin State University: Carlos Z. Amaral, Collin County; Scott Harvey Coleman, Harris County; James Hinton Dickerson, Jr., J.D., Comal County; Valerie E. Ertz, Dallas County; John R. Garrett, Smith County; Steve D. McCarty, Cherokee County.
Members, Board of Directors, Texas Guaranteed Student Loan Corporation: Steven Wroe Jackson; Richard M. Rhodes, El Paso County; Michael J. Savoie, Denton County; Dora Anne Verde, Bexar County; Welcome W. Wilson, Jr., Harris County.
Members, Board of Regents, Texas State University System: Charles E. Amato, Bexar County; Ron Blatchley, Brazos County; Kevin J. Lilly, Harris County; Ron Lynn Mitchell, Llano County; James David Montagne, Jefferson County; Michael Joseph Truncale, Jefferson County; Donna N. Williams, Tarrant County.
Members, Texas Veterans Commission: Eliseo Cantu, Jr., Nueces County; JohniB. McKinney, El Paso County.
Members, Board of Regents, Texas Woman's University: Sue Schrier Bancroft, Denton County; Lola Chriss, Dallas County; Harry L. Crumpacker II, Collin County; Ann Scanlon McGinity, Brazoria County.
Members, Board of Regents, University of Houston System: Nelda Luce Blair, Montgomery County; Jacob M. Monty, Harris County; Michele "Mica" Mosbacher, Harris County; Carroll Robertson Ray, Harris County.
Members, Board of Regents, University of North Texas System: Don A. Buchholz, Dallas County; Gwyn Shea, Dallas County; Jack A. Wall, Dallas County.
SENATE RESOLUTION 510
Senator Fraser offered the following resolution:
WHEREAS, The members of the Texas Senate take much pride in recognizing Lieutenant Governor David H. Dewhurst, whose lengthy list of accomplishments now includes the honor of induction into the prestigious Texas Rodeo Cowboy Hall of Fame; and
WHEREAS, Best known for his work as a longtime public servant and for his leadership as president of the Texas Senate, David Dewhurst has a history of success in an altogether different arena, and he is now being recognized for his exceptional accomplishments as a veteran rodeo cowboy and for his contributions to the ranching industry in Texas; and
WHEREAS, Governor Dewhurst is being honored at the Texas Rodeo Cowboy Hall of Fame's 34th Annual Induction Ceremony, where he is to receive the 2009 Western Heritage Award; founded in 1975, the Texas Rodeo Cowboy Hall of Fame honors those who exemplify the independent spirit of the rodeo cowboy and who enhance the positive image of rodeo and the American West; and
Wednesday, March 25, 2009 SENATE JOURNAL 723
WHEREAS, An impressive competitor who has met the hall of fame's highest standards and who has shown leadership in all facets of his life, Governor Dewhurst has distinguished himself in rodeo as a team roper and as an internationally ranked participant in cutting-horse events sanctioned by the National Cutting Horse Association and the American Quarter Horse Association; and
WHEREAS, Governor Dewhurst is a statesman and a highly regarded public servant who is noted for his diverse talents and interests; his storied career includes service in the Central Intelligence Agency and the United States Department of State; he is a successful businessman who entered the political world when he was elected Texas land commissioner in 1998; he currently raises Black Angus cattle on his ranches and serves as an honorary vice president of the American Quarter Horse Association; now, therefore, be it
RESOLVED, That the Senate of the State of Texas, 81st Legislature, hereby express appreciation to Lieutenant Governor David H. Dewhurst for his insightful and effective leadership and extend congratulations to him on his achievements in the world of rodeo and on his induction into the Texas Rodeo Cowboy Hall of Fame; and, be it further
RESOLVED, That a copy of this Resolution be prepared for the Honorable David Dewhurst as a tribute to his latest accomplishment from his colleagues in the Texas Senate.
SR 510 was read.
(President Pro Tempore Duncan in Chair)
On motion of Senator Fraser and by unanimous consent, the names of the Senators were added to the resolution as signers thereof.
On motion of Senator Fraser, the resolution was adopted without objection.
(President in Chair)
COMMITTEEiiSUBSTITUTE
SENATE BILL 730 ON SECOND READING
On motion of Senator Hegar and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 730 at this time on its second reading:
CSSB 730, Relating to an employee's transportation and storage of certain firearms or ammunition while on certain property owned or controlled by the employee's employer.
The bill was read second time.
Senator Ogden offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSSB 730 (committee report) on page 1, line 26, proposed Sec. 52.061(a), Labor Code, between "provides for employees" and "." by inserting "on the employer's property".
The amendment to CSSB 730 was read and was adopted by a viva voce vote.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1.
724 81st Legislature — Regular Session 27th Day
On motion of Senator Hegar and by unanimous consent, the caption was amended to conform to the body of the bill as amended.
CSSB 730 as amended was passed to engrossment by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to engrossment.
COMMITTEEiiSUBSTITUTE
SENATE BILL 730 ON THIRD READING
Senator Hegar moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi730 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi30, Naysi1.
Nays:iiWentworth.
Reason for Vote
Senator Wentworth submitted the following reason for vote on suspension of the Constitutional Three-day Rule:
I cast a "No" vote on the procedural motion to suspend the Constitutional Rule requiring that bills be read on three several days in order to take up and consider CSSBi730, because in my judgment no circumstance exists in this case to justify the extraordinary act of suspending a requirement of the Texas Constitution. The suspension of this Constitutional Rule has the direct and immediate effect of denying the people of Texas knowledge and notice of the passage of this measure until it has already been finally passed on third reading. Were we to have followed the requirement of the Texas Constitution, third reading and a vote on CSSBi730 would have occurred on the next legislative day, allowing for Texans to have learned through news reports of our second reading vote exactly what we had tentatively passed. Third reading and a vote on the next legislative day would also have allowed our professional staff an opportunity overnight to make sure any amendments passed on second reading are technically correct.
/s/Jeff Wentworth
Senator, District 25
The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.
SENATE RULES SUSPENDED
(Posting Rules)
On motion of Senator West and by unanimous consent, Senate Rule 11.10(a) and Senate Rule 11.18(a) were suspended in order that the Committee on Intergovernmental Relations might meet and consider SBi1021 today.
SENATE RULE 11.10(a) SUSPENDED
(Public Notice of Committee Meetings)
On motion of Senator Whitmire and by unanimous consent, Senate Rule 11.10(a) was suspended in order that the Committee on Criminal Justice might meet today.
Wednesday, March 25, 2009 SENATE JOURNAL 725
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 Committee on Higher Education might meet and consider SBi98 today.
SENATE RULE 11.10(a) SUSPENDED
(Public Notice of Committee Meetings)
On motion of Senator Ellis and by unanimous consent, Senate Rule 11.10(a) was suspended in order that the Committee on Government Organization might meet today.
SENATE RULES SUSPENDED
(Posting Rules)
On motion of Senator Lucio and by unanimous consent, Senate Rule 11.10(a) and Senate Rule 11.18(a) were suspended in order that the Committee on International Relations and Trade might meet and consider SBi1368 today.
SENATE BILL 1466 REREFERRED
Senator Davis submitted a Motion In Writing requesting that SBi1466 be withdrawn from the Committee on Natural Resources and rereferred to the Committee on Transportation and Homeland Security.
The Motion In Writing prevailed without objection.
RESOLUTIONS OF RECOGNITION
The following resolutions were adopted by the Senate:
Memorial Resolutions
SRi519iby Wentworth,iIn memory of Betty Jean Snyder.
SRi524iby Shapleigh,iIn memory of William Gordon McGee of El Paso.
HCRi83i(Deuell),iIn memory of Horace Arnold Durham of Pecan Gap.
Congratulatory Resolutions
SRi513iby Hinojosa and Lucio,iRecognizing Othal E. Brand, Sr., for his contributions to the McAllen community.
SRi515iby Zaffirini,iRecognizing Danny Valdez of Webb County for his contributions to his community.
SRi520iby Ellis,iRecognizing the participants in the 2008-2009 Chronicle Classroom of the Houston Chronicle.
SRi521iby Huffman,iRecognizing the Brazos Bend State Park Volunteer Organization on the occasion of its 20th anniversary.
SRi522iby Nelson,iRecognizing the Southlake Chamber of Commerce on the occasion of its 25th anniversary.
SRi523iby Nichols,iRecognizing the Texas Forestry Association on the occasion of its seedling giveaway.
726 81st Legislature — Regular Session 27th Day
HCRi84i(Deuell),iCongratulating the Sulphur Springs Wildcats football team on winning the 2008 UIL 4A Division 2 state championship.
HCRi133i(Eltife),iHonoring Calvin Nelson Clyde, Jr., of Tyler on his 88th birthday.
Official Designation Resolutions
SRi516iby Seliger,iRecognizing March 26, 2009, as Cal Farley's Day at the State Capitol.
SRi517iby Nelson,iRecognizing April 1, 2009, as Robson Ranch Women's Club Day at the State Capitol.
SRi518iby Nelson,iRecognizing March 31, 2009, as Texas Health Resources Day at the Capitol.
ADJOURNMENT
On motion of Senator Whitmire, the Senate at 2:26 p.m. adjourned, in memory of Butch Sparks, until 10:00 a.m. tomorrow.
AAAPPENDIXAA
COMMITTEE REPORTS
The following committee reports were received by the Secretary of the Senate in the order listed:
March 25, 2009
GOVERNMENT ORGANIZATION — SBi899, SBi1005, CSSBi1149
HEALTH AND HUMAN SERVICES — SBi786, SBi788, SBi1332
STATE AFFAIRS — SBi80, SBi698, SBi828, SBi927, SBi1081, SBi1119, SBi1142, SBi1143
EDUCATION — SBi197, SBi199, SBi1140, SBi1364
INTERNATIONAL RELATIONS AND TRADE — SBi803, SBi1047, SBi1526
NATURAL RESOURCES — SBi848, SBi914, SBi941
BUSINESS AND COMMERCE — SBi111
EDUCATION — CSSBi1219, CSSBi451
CRIMINAL JUSTICE — SBi843
BILLS ENGROSSED
March 24, 2009
SBi158, SBi297, SBi309, SBi657, SBi745
Wednesday, March 25, 2009 SENATE JOURNAL 727
RESOLUTIONS ENROLLED
March 24, 2009
SRi397, SRi502, SRi504, SRi505, SRi506, SRi507, SRi509, SRi511, SRi512
728 81st Legislature — Regular Session 27th Day