Thursday, April 26, 2001SENATE JOURNAL 1453 SIXTIETH DAY
THURSDAY, APRIL 26, 2001
PROCEEDINGS
The Senate met at 10:00 a.m. pursuant to adjournment and was called to order by the President. The roll was called and the following Senators were present: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, Wentworth, Whitmire, Zaffirini, Mr. President. Absent-excused: West. The President announced that a quorum of the Senate was present. The Reverend Bill Weaver, Shady Grove Baptist Church, North Richland Hills, offered the invocation as follows: We are grateful, our father, for Your providential care. May the people of Texas continue to experience truth, light, and hope. Guide the minds and hearts of these who lead from this Senate Chamber. May godly wisdom prevail. We seek mercy and grace which provide comfort and peace. May this Texas Senate lead in the establishment of a national character by seeking the true interest of those over whom they preside and establish a spirit by which this state and this nation are inspired. May this Texas Senate lead in a national return to our roots and experience Your favor within our culture and institutions. We ask in faith, believing. Cause it to be so. Amen. On motion of Senator Truan and by unanimous consent, the reading of the Journal of the proceedings of yesterday was dispensed with and the Journal was approved. LEAVE OF ABSENCE On motion of Senator Barrientos, Senator West was granted leave of absence for today on account of important business. CO-AUTHOR OF SENATE BILL 63 On motion of Senator Moncrief and by unanimous consent, Senator Zaffirini will be shown as Co-author of SB 63. CO-AUTHOR OF SENATE BILL 532 On motion of Senator Nelson and by unanimous consent, Senator Shapiro will be shown as Co-author of SB 532. 1454 77th Legislature — Regular Session 60th Day
CO-AUTHOR OF SENATE BILL 805 On motion of Senator Van de Putte and by unanimous consent, Senator Lucio will be shown as Co-author of SB 805. CO-AUTHOR OF SENATE BILL 1592 On motion of Senator Moncrief and by unanimous consent, Senator Gallegos will be shown as Co-author of SB 1592. CO-AUTHOR OF SENATE BILL 1730 On motion of Senator Cain and by unanimous consent, Senator Bernsen will be shown as Co-author of SB 1730. PERMISSION TO INTRODUCE BILLS Senator Truan moved to suspend Senate Rule 7.07(b) and Section 5, Article III of the Texas Constitution to permit the introduction of the following bills: SB 1828, SB 1829. The motion prevailed by the following vote: Yeas 29, Nays 0, Present-not voting 1. Present-not voting: Mr. President. Absent-excused: West. SENATE BILLS ON FIRST READING The following bills were introduced, read first time, and referred to the committees indicated: SB 1828 by Lindsay Relating to the consolidated registration of certain fleets of motor vehicles. To Committee on State Affairs. SB 1829 by Lindsay Relating to the registration period for certain motor vehicles. To Committee on State Affairs. HOUSE BILLS AND RESOLUTIONS ON FIRST READING The following bills and resolutions received from the House were read first time and referred to the committees indicated: HB 106 to Committee on Education. HB 131 to Committee on Criminal Justice. HB 236 to Committee on Criminal Justice. HB 247 to Committee on Natural Resources. HB 323 to Committee on Education. HB 328 to Committee on Education. HB 362 to Committee on Business and Commerce. HB 400 to Committee on Education. HB 430 to Committee on Business and Commerce. HB 457 to Committee on Education. HB 468 to Committee on Intergovernmental Relations. HB 587 to Committee on Criminal Justice. HB 623 to Committee on Education. Thursday, April 26, 2001SENATE JOURNAL 1455
HB 965 to Committee on State Affairs. HB 1066 to Committee on Business and Commerce. HB 1075 to Committee on Criminal Justice. HB 1113 to Committee on Intergovernmental Relations. HB 1126 to Committee on Criminal Justice. HB 1188 to Committee on Education. HB 1194 to Committee on Intergovernmental Relations. HB 1243 to Committee on Business and Commerce. HB 1420 to Committee on Jurisprudence. HB 1684 to Committee on Business and Commerce. HB 1733 to Committee on Business and Commerce. HB 1794 to Committee on Business and Commerce. HB 1994 to Committee on Business and Commerce. HB 2139 to Committee on Business and Commerce. HB 2300 to Committee on Jurisprudence. HB 2337 to Committee on Business and Commerce. HB 2344 to Committee on Education. HB 2384 to Committee on Intergovernmental Relations. HB 2537 to Committee on Business and Commerce. HB 2746 to Committee on Intergovernmental Relations. HB 2787 to Committee on Education. HB 2828 to Committee on Business and Commerce. HB 3016 to Committee on State Affairs. HB 3329 to Committee on Natural Resources. HB 3483 to Committee on Natural Resources. HB 3673 to Committee on Natural Resources. HCR 233 to Committee on Natural Resources. HJR 75 to Committee on State Affairs. MESSAGE FROM THE HOUSE HOUSE CHAMBER Austin, Texas April 26, 2001 The Honorable President of the Senate Senate Chamber Austin, Texas Mr. President: I am directed by the House to inform the Senate that the House has taken the following action: THE HOUSE HAS PASSED THE FOLLOWING MEASURES: HB 196, Relating to the adoption of standards for the practice of air conditioning and refrigeration contracting. HB 217, Relating to the regulation of plumbing. HB 363, Relating to the issuance of a written notice to appear for certain misdemeanor offenses punishable by fine only. HB 514, Relating to a defense to certain gambling-related offenses for gaming activity conducted by an Indian tribe. 1456 77th Legislature — Regular Session 60th Day
HB 1001, Relating to the review of the reimbursement methodology for and resource needs of nursing facilities. HB 1254, Relating to the extension of uniform group benefits for political subdivisions to certain affiliated service contractors. HB 1445, Relating to the authority of municipalities and counties to regulate subdivisions in the extraterritorial jurisdiction of a municipality. HB 1448, Relating to authorizing the governing body of a municipality or a county to enter into a tax abatement agreement with the owner of a leasehold interest in real property that is located in a reinvestment zone. HB 1493, Relating to the regulation of mortgage brokers. HB 1762, Relating to the issuance of certain driver's licenses and identification certificates by the Department of Public Safety and the provision of driver record information by the department and to fees and charges collected by the department. HB 1862, Relating to the regulation and prompt payment of health care providers under certain health benefit plans. HB 2159, Relating to premium rates and minimum reserves for credit life and accident and health insurance. HB 2179, Relating to indemnification by the state of a chaplain or spiritual advisor under contract with certain state agencies. HB 2530, Relating to certain prohibitions applicable to a person offering a sweepstakes or operating a video sweepstakes; providing a civil penalty. HB 2586, Relating to the regulation of public grain warehouse operators and other public warehouse operators; providing penalties. HB 2600, Relating to the provision of workers' compensation benefits and to the operation of the workers' compensation insurance system; providing penalties. HB 2604, Relating to assistance to certain volunteer fire departments and to the imposition of an assessment on certain insurers to finance that assistance. HB 2972, Relating to local control of police officer employment matters by certain municipalities. HB 2991, Relating to the duty of a peace officer to prevent certain juveniles from crossing the border between this state and Mexico. HB 3054, Relating to student financial aid to supplement a TEXAS grant for a student of an institution of higher education. HB 3121, Relating to the exemption from ad valorem taxation for property used to control pollution. HB 3309, Relating to the development, funding, and operation of the Southeast Texas Biotechnology Park. HB 3587, Relating to the exemption from permitting requirements for certain wells in a groundwater conservation district. Thursday, April 26, 2001SENATE JOURNAL 1457
THE HOUSE HAS CONCURRED IN SENATE AMENDMENTS TO THE FOLLOWING MEASURES: HB 1362 (viva-voce vote) Respectfully, /s/Sharon Carter, Chief Clerk House of Representatives MESSAGE FROM THE GOVERNOR The following Message from the Governor was read and was referred to the Committee on Nominations: Austin, Texas April 25, 2001 TO THE SENATE OF THE SEVENTY-SEVENTH LEGISLATURE, REGULAR SESSION: I ask the advice, consent and confirmation of the Senate with respect to the following appointments: TO BE MEMBERS OF THE BOARD OF TAX PROFESSIONAL EXAMINERS for terms to expire March 1, 2007: Dorye Kristeen Roe 3601 North State Highway 208 Robert Lee, Texas 76945 (replacing Carol Autry of Canyon whose term expired) Stanton Brown P.O. Box 235 Benjamin, Texas 79505-0235 (replacing Wayne Hawkins of Texarkana whose term expired) TO BE MEMBERS OF THE TEXAS STRUCTURAL PEST CONTROL BOARD for terms to expire as indicated below: To expire February 1, 2005: Tomas Cantu 317 Kiwi McAllen, Texas 78504 (replacing Arturo Perez of Weslaco who resigned) To expire February 1, 2007: John Lee Morrison 445 Golfcrest San Antonio, Texas 78239 (replacing Gary Gillen of Rosenberg whose term expired) Respectfully submitted, /s/Rick Perry Governor 1458 77th Legislature — Regular Session 60th Day
BILLS SIGNED The President announced the signing of the following enrolled bills in the presence of the Senate after the captions had been read: SB 404, SB 487. SENATE RESOLUTION 824 Senator Ogden offered the following resolution: WHEREAS, The Senate of the State of Texas is pleased to congratulate the Round Rock Express on the team's record-breaking inaugural season; and WHEREAS, The Round Rock Express exceeded expectations in its first season, winning 90 hard-fought games to become the Texas League champions; with over 600,000 fans in attendance at Dell Diamond, the Express 2000 season was the biggest and best baseball experience in Central Texas history; and WHEREAS, Not only has the Round Rock Express taken the top spot in Central Texas baseball, it has completely surpassed the Texas League all-time attendance record, making it the most popular team in the entire history of Double-A baseball; and WHEREAS, Jackie Moore, named Texas League Manager of the Year, assembled a spectacular group of players to make up the Express; and WHEREAS, In addition to capturing the Texas League championship, the Express was also recognized as the best team in all three leagues of Double-A baseball; the team also received the singular honor of being named 2000 Minor League Team of the Year by Baseball America, a distinction that encompasses all levels of professional play; and WHEREAS, By any standard, the Round Rock Express's inaugural season has been an overwhelming success; through their hard work and determination, the Express ballplayers have brought great honor to the City of Round Rock and the State of Texas, and their efforts will continue to delight hundreds of thousands of Central Texas fans in the coming baseball season; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby congratulate the Round Rock Express on the team's spectacular first season and wish them continued success in the future; and, be it further RESOLVED, That a copy of this Resolution be prepared for the Express as a token of esteem from the Texas Senate. The resolution was read and was adopted by a viva voce vote. GUESTS PRESENTED Senator Odgen was recognized and introduced to the Senate members of the Round Rock Express baseball team: Reid Ryan, President and Chief Executive Officer; Jay Miller, Vice-president and General Manager; Jackie Moore, Team Manager; Colin Porter, centerfielder; and Tom Shearn, pitcher. The Senate welcomed its guests. (Senator Brown in Chair) GUESTS PRESENTED Senator Lucio was recognized and introduced to the Senate members of the student council of Mercedes High School in Mercedes. The Senate welcomed its guests. Thursday, April 26, 2001SENATE JOURNAL 1459
(President in Chair) GUESTS PRESENTED Senator Shapiro was recognized and introduced to the Senate members of the student council of McKinney High School in McKinney, accompanied by their sponsors. The Senate welcomed its guests. SENATE RESOLUTION 826 Senator Truan offered the following resolution: WHEREAS, The Senate of the State of Texas takes pride in welcoming to the Senate Chamber the distinguished guests who have returned to the Capitol in celebration of Members' Reunion Day; and WHEREAS, These former state leaders have gathered together on April 26, 2001, to take part in a Senate ceremony paying tribute to their outstanding work on behalf of our state; and WHEREAS, It is an honor for the Senators of the 77th Legislature and for Senate employees to recognize these statesmen and revered public servants for their years of hard work and many accomplishments while serving in our state's highest political offices; and WHEREAS, These exemplary gentlemen each deserve accolades for their loyalty to our state and their dedicated public service; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby pay tribute to Governor Rick Perry, Governor Preston Smith, Ben Barnes, and Bill Hobby for their outstanding leadership as lieutenant governors of our state and former Senators Don Adams, Roy Blake, Chet Brooks, Kent Caperton, Steve Carriker, Ray Farabee, Michael Galloway, Bob Gammage, Bob Glasgow, Bill Haley, Kent Hance, Grant Jones, Don Kennard, Glenn Kothmann, Bob McFarland, John Montford, Drew Nixon, Bill Patman, Jerry Patterson, Walter Richter, Johnny B. Rogers, Babe Schwartz, Bill Sims, Pete Snelson, Jack Strong, Hector Uribe, James P. Wallace, Craig Washington, Murray Watson, and J. P. Word on their exceptional service in the legislature; and, be it further RESOLVED, That copies of this Resolution be prepared for these former state leaders as an expression of esteem from the Texas Senate. The resolution was read. On motion of Senator Brown and by unanimous consent, the names of the Lieutenant Governor and Senators were added to the resolution as signers thereof. On motion of Senator Truan, the resolution was adopted by a viva voce vote. GOVERNOR ANNOUNCED The Senate Doorkeeper was recognized and announced the presence of the Honorable Rick Perry, Governor of the State of Texas. The President invited the Governor to the President's Rostrum. 1460 77th Legislature — Regular Session 60th Day
GUEST PRESENTED The President announced the presence of former Governor Dolph Briscoe. Governor Briscoe was then escorted to his seat at the front of the Chamber. SENATE RESOLUTION 590 Senator Truan offered the following resolution which was read in full by the President: WHEREAS, The Senate of the State of Texas takes great pride in recognizing Betty King, one of our state's most beloved and highly respected public servants, who is retiring after more than 53 years of outstanding service in the Texas Legislature; and WHEREAS, Although Betty announced her retirement to be effective December 31, 2000, she bowed to the pleas of those she had served so well and so faithfully and agreed to put aside personal considerations to guide the Senate through one last legislative session; and WHEREAS, Elected the 37th Secretary of the Texas Senate and known to generations of lawmakers as the "gracious lady of the Capitol," Betty King is stepping down after more than a half century of remarkable work on behalf of our state's citizens and its highest political leaders, a career unparalleled in Capitol history; and WHEREAS, A legendary figure in our state and an irreplaceable officer of the Senate, Betty King was first introduced to our legislative process at the age of 14 when she served as an honorary page while her mother was working for the Speaker of the House; and WHEREAS, After attending The University of Texas at Austin, Betty King began her career in the Capitol as a clerk for the House Appropriations Committee; Betty worked for the Gilmer-Aikin Committee before joining the staff of Senator Ottis Lock, who was floor leader during much of the term of Governor Allan Shivers; after serving as secretary for President Pro Tempore Culp Krueger and as a staff member of the Bay Study Committee and the Water Pollution Committee, Betty became Assistant Journal Clerk in February, 1967, and was elected Journal Clerk in January, 1973; and WHEREAS, After 28 years of service on the Senate staff, Betty King was elected Secretary of the Senate, the highest administrative post in the Senate, on the opening day of the 65th Legislative Session in 1977; she went on to serve as Secretary of the Senate longer than any other person in Texas history; and WHEREAS, As the Texas Senate's chief executive administrator, Betty King has read innumerable bills, has called tens of thousands of roll calls, has supervised the Senate's elected officers and central staff, and has worked closely with senators' staffs; and WHEREAS, Throughout her career, Betty King has served as a beloved mentor and friend to members of the Senate and to countless Senate employees; a woman with great poise and an unflappable personality, Betty King is famous for her diplomatic management of the Senate and for the loyalty and dedication she has consistently shown each of the Senate's 31 members; and WHEREAS, A frequently lauded leader in our state on both the local and national levels, Betty was named one of the Outstanding Women in Texas Government by the Governor's Commission for Women in 1988; she has served as staff chair for the National Conference of State Legislatures and has been the recipient of the organization's Legislative Staff Achievement Award; she was elected to the Board of Thursday, April 26, 2001SENATE JOURNAL 1461 the Foundation for State Legislatures in 1988 and has served as president of the American Society of Legislative Clerks and Secretaries; and WHEREAS, Betty's enduring commitment of time and energy to the Senate has resulted in a record that could only be challenged by her many accomplishments as a community leader; her endless list of civic involvements includes serving as one of the original docents of the Friends of the Governor's Mansion, president of the board of trustees of Austin Lyric Opera, treasurer of the Greater Austin Crime Commission, president of the Girl Scouts-Lone Star Council, vice president of the Symphony League, chairman of the Austin-Travis County Chapter of the American Heart Association, and member of the board of the Settlement Home; and WHEREAS, Throughout Betty's career, her family has remained a top priority; she is a devoted wife, mother, and grandmother, and her husband, Bill King, her daughter and her son-in-law, Kevin Ann and Richard Marcyes, and her grandsons, Griffin and Max Marcyes, are a source of joy and support; and WHEREAS, Betty King is an exemplary lady of unequaled grace, charm, and generosity, and her masterful leadership as Secretary of the Senate has made an indelible imprint on our state's legislative process; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby pay tribute to Betty King for her long and distinguished career and for her invaluable contributions to the Texas legislature; and, be it further RESOLVED, That, in recognition of her peerless service to the Texas Senate and of the honor and dignity she has brought to the legislative process that make her a role model for all young people entering public service, the Lieutenant Governor's Committee Room be renamed the Betty King Committee Room as a permanent testimonial of all that she has done for the Texas Senate and for each one of us as friend, confidante, and mentor; and, be it further RESOLVED, That a plaque describing her public service be placed for prominent display outside the Betty King Committee Room; and, be it further RESOLVED, That a copy of this Resolution be prepared for Betty King as an expression of highest esteem and affection from the Texas Senate. TRUAN LUCIO ARMBRISTER MADLA BARRIENTOS MONCRIEF BERNSEN NELSON BIVINS OGDEN BROWN SHAPIRO CAIN SHAPLEIGH CARONA SIBLEY DUNCAN STAPLES ELLIS VAN DE PUTTE FRASER WENTWORTH GALLEGOS WEST HARRIS WHITMIRE HAYWOOD ZAFFIRINI JACKSON RATLIFF LINDSAY The resolution was read and was adopted by a rising vote of the Senate. 1462 77th Legislature — Regular Session 60th Day
REMARKS ORDERED PRINTED On motion of Senator Truan and by unanimous consent, the Members' remarks commending Betty King were ordered reduced to writing and printed in the Senate Journal as follows: Senator Barrientos: Mr. President, Governor, former Governors, former Senators, my fellow Texans. Betty King, you are a giant. We feel so small compared to you and what you have done. For, you see, this is a very special place we stand on today. We are merely just a grain of sand. Governors will come and go, Senators will come and go, but Betty King is extra special. It's almost like family, Betty. You know, to any and all of us you could be our mom, our sister, our aunt. You're part of us, you're part of Texas. So when people think of Texas, they shall think not of Governors or Senators who come through and leave, but of history and a wonderful woman that God sent to us and to the great State of Texas. They will think of Betty King. God bless you. I love you. Senator Ellis: Mr. President and Governors and other distinguished guests. Nineteen hundred forty-nine was a very interesting year. It was that year that Allan Shivers, Governor Perry, moved to the Governor's office because Buford Jester died in office. It was also in 1949 that Betty King came to work for the Senate. And it was in 1977—I was working here for Governor Hobby at the time—that she became Secretary of the Senate. I pulled a newspaper clip from the Houston Post, Governor Hobby, of all places, that reported on that activity. Betty King is quoted as saying, "I love the Senate, I really do. I suppose it is the excitement, never knowing from one day to the next what will happen. It spoils you for any other job as far as I am concerned." Also it states in the Houston Post, Charlie Schnabel, you're making $37,500 a year. Betty King came in making $25,500 a year. And then she goes on to say, "No new person should have this job and start at that kind of money." It states in this article that when she told William King, and her daughter Kevin Ann was 16 then, that she had this new job, Kevin Ann, you said, "I think there might be a new car for her in the promotion." Mrs. King, I hope we suprised you today, I really do. When I walk around the Capitol grounds, from time to time, Royce and I have complained about a couple monuments out here, but it makes us think about why we name buildings after people or put statues up or name a room after someone. Members, we don't do it because we knew somebody, or we liked them, or they came from our neighborhood, we do it because we believe in what they stand for. And I think there's a historic significance in the fact that that room will be named after a woman. A great woman. A great woman, a great mother, a great Texan, and a great friend to all of us. Mrs. King, we name that room after you because we believe in what you stand for. Thank you. Senator Brown: Mr. President and Members. It's a real honor to speak in behalf of Betty King. In 1980 when I came to this building, and met Betty King, I was very impressed with the attention that she paid to me, and as I have told a few of my friends, I think I've known her long enough now that I can tell them that I'm actually Betty's favorite. And I know that every Member of the Senate feels the same way and those who have served feel the same way, because that's the kind of person that Betty King is, and that's the way she makes every Thursday, April 26, 2001SENATE JOURNAL 1463
Member of the Senate and every staff member feel. I couldn't help but think as Governor Ratliff was reading the resolution, that sometimes as we read about famous people and we read their characteristics, the type of person they are, what they did for their fellowman, and what they achieved in their life, we often say, wouldn't it be great to have known that person, wouldn't it be nice to have been able to experience knowing someone that great. And, Betty, that's what you've done for all of us. As we live on and as we talk about things that happen here today, all of us get the chance to say: I knew Betty King, and I worked with Betty King, and I was a part of what she did for this great state. For that we are all thankful, and we love you and thank you for giving all that you have for us. Senator Whitmire: Mr. President, Members, guests. There are a lot of things I could or would say to you, Betty, except the Dean has placed a two-minute limit on our remarks and everyone knows that a Senator can't do anything properly in two minutes. But I'm going to make a stab at it. Two characteristics, Betty, that I evaluate folks on when we're working in the campaign arena is, one, you're a normal sort of person. Everyone is going to talk accolades today, and this is the one that might need a little bit of explanation. I was on a talk show a few years ago and they were talking to a person who had been in office for a number of years. Some guy up in Waxahachie called in and said, "Bob, that guy sounds like a normal sort of person." And, I just thought, what a neat thing to put beside your name. Betty, you have rubbed elbows with Presidents and Governors. I see folks—I've been here 30 years, I don't quite match your 50—but some folks, it don't take them very long to get an attitude around here. And let me just tell you, I don't know what you were like 50 years ago, but I know what you were like 30 years ago, and the neatest thing about you is, you're a normal sort of person. The influence that you have, Buster, you're right, she does make us all feel like we're the number one, you're a normal sort of person. And then second, let me, before I sit down, say another test for all of us is, someone did a real fine job of raising you. I think as we honor you today, and all your accomplishments, let me go back to your parents. Someone did a real fine job of raising you. You know we love you, and the best is yet to come. Thank you. Senator Zaffirini: Thank you Mr. President. Mr. President and Members, I rise to honor a great Texan, Betty King. There are many great Texans in this room including our Lieutenant Governor, our former Lieutenant Governors and Governors, and former Senators, and, of course, I would not overlook the Members of this great body. But there is no one greater than Betty King. I don't know anyone, other than Betty King, who is not only universally respected, but also universally admired and universally loved. It is amazing to work with Betty King and to realize that in all of the years that all of us have known her, not one of us who have discussed her in recent days can remember one negative statement made about her. Not one. And what is so amazing about Betty King is not only the fact that she is so universally loved, but that what she projects is universal love herself. I believe that Betty King is so very much loved because she is so loving. Betty, you are a paragon of excellence and a model of elegance. And every day when we enter the Betty King Committee Room, we will pay tribute not only to you, but to your characteristics, to your lifestyle, and to your entire family. It was amazing this morning to look around and to see many Senators, many of the men 1464 77th Legislature — Regular Session 60th Day who are so macho, drying their eyes, dabbing at their tears, as we pay tribute to this great woman. Only Betty King could inspire such emotion. Ralph Waldo Emerson wrote so long ago that success can be defined as knowing that one person has lived better because of you. Betty, hundreds of us have lived better because of you. We honor you, we love you, we respect you, we admire you, and we thank you for making our lives better. Thank you Mr. President. Senator Moncrief: Mr. President, former Governors, former Lieutenant Governors, former Members. Betty, this is a very special day. I have been here a little over 10 years now and I can remember my arrival here, Todd, when I was somewhat intimidated by this body, and the first person I talked to was Betty King. That was the first advice I got and, Teel, you were the one who said go talk to Betty. When I arrived, again, I didn't know what questions to ask, Mike, it was a huge undertaking for me to try to gather staff, to try to begin my process of representing my constituency and, Betty, the first thing that you did was help me in that process. And my Chief of Staff has been with me ever since. For that I thank you, because I think that has certainly had a great deal to do with what has happened in my district and that process. You are a Texas treasure. Certainly, you have done so much for each one of us individually, all of us collectively. You have given so much not just to this Senate, but to the state as a whole. I think that you probably have a better idea of what our political philosophies are than we do. You know us inside out, and you certainly take that into consideration as you do your job. You've helped every one of us out of a bind in some shape, form, or fashion, either a big problem or a small problem. You're always there and you've always helped find a solution. Certainly, it is appropriate that we name this committee room after you in this tremendous building that we all feel a very special compassion for, and to be a piece of that process is most fitting. We are going to miss your voice calling the roll; at the same time, we know that Bill is going to enjoy your answering the roll call at home. So, thanks and God bless. Senator Armbrister: Thank you Mr. President. Betty, it's a pleasure to rise on your behalf as all of our colleagues are expressing their thoughts about your career and service. Being now that we are now all high-tech, I quickly typed in the words "Betty King" in one of the search engines. There are over 36,000 entries, and as Senator Whitmire said, we only have two minutes, so I can't read all of them. But just some of the entries that you find when you type in "Betty King," you see there was a Betty King that is an ambassador, there's a Betty King that retired recently from Coosa County, Alabama, as the county administrator. One that I kind of like was Betty "Blowtorch" King, a rock singer, I guess that fits with that opera. And then probably one that really struck me as standing out is Girl on a Leash: The Healing Power of Dogs: a Memoir by Betty King. Betty, truly, I want to speak to your family, because of their grace and generosity of sharing you with us. Bill, Betty is a wife to many of us as well. She makes sure we're fed, we're cleaned up, our clothes are nice, our ties are on straight, and even tied at times, and the love that she gives you she has also given to all of us. To your daughter: she's been a mother to us, many of us she raised, she's nurtured us, she cared for us when we were sick. To your husband: she's also been a mother-in-law to a lot of us and what a great mother-in-law she's been. I don't think there's a child of any Member of the Senate that doesn't know about Thursday, April 26, 2001SENATE JOURNAL 1465
Grandmother Betty, because she cares for all of our children, not quite as much as she does for her own grandchildren, but all of our children know her as well and think of her as their third or fourth grandmother at times. Betty, when we as the male Members of the Senate, listen to our female colleagues tell us there's only four women, a little secret, I guess we can tell you, all of the male Members knew that when Barbara Jordan was the only female Member, our former colleagues will tell you, though, they knew there were two female Members of the Senate. When there were three female Members of the Senate, the rest of us knew there were four. Now that there are four female Members of the Senate, we all know that there's really five. We love you, Betty. Thank you. Senator Harris: Betty, during those years that I served as Chairman of Administration and worked so closely with you—Members, none of you have any idea of how protective Betty King was of each of you. None of you have any idea how she would start to worry if somebody's budget was starting to get just the least bit out of line—when I think about the way that you have worried, and would express it to me during those years, about individual Members when they might be having a problem of some kind, and the genuine love that you've shown for every one of us goes beyond explanation, there's no way to put into words the friendship that you've given to each of us or so many times the confidence that you've given each of us. When I look around this room of current Members, and I look at this bunch, the fact that you've been able to adjust to each of our personalities and to help make us the best that we could be while we served, we could never thank you enough for. Senator Lucio: Thank you very much Mr. President and Members, Governor Perry, former Governors, Lieutenant Governors, and former Members. I am very pleased to rise, also, and join my colleagues this morning in support of this wonderful resolution. Betty King is a friend, confidante, and mentor to all of us and our staffs as well. Betty, your legacy will live for years to come for you truly embody the heart and soul of the Texas Senate, as has been expressed here by those who have spoken before me. You have always made time for us and always smile, and you have made a difference in helping us all accomplish our goals. You are truly the embodiment of leadership. I want to say that my favorite committee that I serve on is Business and Commerce, not because of Senator Sibley, the Chair of that committee, even though he is my amigo, because you're real close by, we're just a wall apart, and any time we need something, we can always depend on you to be able to get it done for us. Several sessions ago, you remember, we had a little conversation and I put a little pin on your lapel, and it was a yellow rose. And I told you, and I meant it from the bottom of my heart, when I saw that pin and I saw that yellow rose, immediately it reminded me of you because of its beauty, because of what it stood for, in terms of how great it serves us in Texas, that we send out yellow roses to the people that mean something to us or are important to us. I want to offer you a big abrazo on behalf of the people of the Lower Rio Grande Valley that I serve and I represent, and I want to tell you that we all have a lot to be thankful for. The last 10 years, I've been blessed to know Betty King. Gracias. Senator Shapiro: Thank you very much Mr. President. I am honored to be able to rise to also give honor to Betty King. Betty, when I sat down this morning 1466 77th Legislature — Regular Session 60th Day and started thinking of all of the wonderful characteristics that I'd like to mention and to give accolades to you, I could probably have gone on and on and written so many pages. But, I think probably the words that describe you best to me, and I'm sure to many others, are grace, many times grace under pressure, but grace, charm, poise, intelligence, patience, humility, all those things that when young people come into this room each and every day, as we honor them from cities all over this state, we ask them to join us on the Senate floor, all those types of characteristics that we hope at some point in their life people will be able to say that they have. You embody all of them, you are the glue that keeps this body together. There are times I wonder if you're not here if that glue will stick. Your memory, your remembrances, your memories that each of have of you, and each of us, as Senator Brown said, we each know we're your favorite, so we will have to disagree with him significantly in that regard, but you have brought that charm and poise and grace to each of us and shared your life with each of us. You have touched each of our lives in a very special way and we are all so grateful to you. I was honored last week to be able to go to Washington, D.C., and see a man in Washington at the White House whose life you also touched. I brought him an invitation last week for the dinner that we are going to have in your honor tonight in the Senate. That man, President George W. Bush, took that invitation in his hand and he wrote you a note and I'm going to give this to you, and I hope that you will keep it. The note says "To Betty, with love, George W. Bush." I think it's very simple, but I think it's very heartfelt, and I think it says what all of us say. We love you, Betty King, and we honor you today. Thank you very much. Senator Cain: Thank you very much Mr. President. Mrs. King, it's been said by many today that you are the glue that keeps the Senate together, and I will echo that. I believe it to be absolutely true. It's also been said, that you treat each Member as if he was the only Member in the world when he was sitting there talking to you. No question is a stupid question, and you've got all the time in the world to deal, it seems, with that person. But I don't want to talk about those things today, I think I just want to talk about one thing and that is, as appropriate as it is, and we're so proud to have named that room right outside of your room, the committee room, for you because I think it's a fitting tribute to your life's work here in the Senate. As appropriate as that is, the fitting, lasting tribute to you is those people that you've mentored in this process who are still here, many of them who are in the balcony here today in your honor. They will last on and on, and they will be the Senate after all of us are gone. God bless you, Betty. Thank you. Senator Fraser: Thank you Mr. President. Mrs. King, I'm watching this today and looking back over to all of these people that you know so well and have dealt with so long, is that I was struck first about the fact, thinking about the 31 egos that you have to deal with, but if I counted correct over here, I think we've got 31 that are back today. And, it struck me the fact that you're still dealing with all of them, because a whole lot of them still continue to come into your office and ask for things for you to do. I would like to give you my personal thank you. My wife, Linda, shared a story with me last night that I had not heard but I think it sums up a lot. She said that as we, as a newly elected Member of the Senate, were moving into our new office, she was trying to find things to put in the office and looking for pictures. Someone said, I bet Mrs. King would know Thursday, April 26, 2001SENATE JOURNAL 1467 where there's some pictures. She called up to your office to ask if there were any pictures around and where she could get them. About two minutes later, she looked up and noticed you were down in the office moving furniture, physically moving it yourself. She tried her best to discourage you from doing it, but you would have no part of it, you felt it your duty and part of your job to assist her. I think that speaks a lot of the way that you have treated all of us. I know as things came up in my office, where there were thorny issues about either an employee or thinking about hiring someone or another Member, any thorny issue, that I would seek your counsel, it always amazed me that the answer was always a perfect blend of diplomacy, tact, discretion, and then, when all else failed, I could always count on frank discussion. All of us love you, we thank you so much for all you've done, not only for us, but for the people of Texas. As you know, every morning my first stop in the Capitol, I always come up and come by the Members' lounge, and I look in, and I see that warm smile that I receive every morning, and I think that's what I'll miss most. We appreciate your service. Senator Shapleigh: Former Members of the Senate, former Lieutenant Governors, former Governors, Lieutenant Governor Ratliff, Governor Perry. We need to let a secret out that the public doesn't know about. For those of you who are up in the gallery and look down here and wonder what we do when we wander around trying to get the business of the Senate together, the one thing that everyone on this floor knows that perhaps is not known outside this body, and certainly everyone over there, is that the best votes we ever cast were the votes that Betty King cast for us. And, when I go back and look at my voting record, I know exactly the best votes I cast, because Betty was up there casting them, and I was somewhere off of the Senate floor. Betty, there is a phrase in this resolution for you that I think captures part of what we think about you when it says you are an exemplary lady of unequaled grace, charm, and generosity. All I would add is that for us you have set the gold standard of dignity, grace, and service for a half century. We are the ones who are lucky to have served with you. Thank you Mr. President. Governor Perry: Governor, thank you. Members, tomorrow Texas honors one of the real giants of our state when we dedicate the Bob Bullock Texas State History Museum. There's only one person in this chamber that could stand shoulder-to-shoulder with that giant, and that's Betty King. God bless you, Betty. Senator Truan: Thank you Mr. President. Allow me please the opportunity to say, also, to Betty King that, as I recall, 25 years ago when I came to the Senate, and I served with almost every one of the former Members that are here, I had a major concern that even though my legislation, in my opinion, would always receive unanimous approval, I found out we had a two-thirds rule in order to bring up any bill for consideration. So, I approached Mrs. King, and I said, how in the world are people like me going to pass legislation if we have to have a two-thirds vote before we can even consider it? And she made it very simple for me to understand, Members. She said, everybody else needs a two-thirds vote, also. And so, I learned very quickly that if I had a major concern, or for that matter, any concern to speak of, that I could come to you, Betty. You have served the Senate well. You have served the State of Texas well. I have been to national meetings of legislators where legislators from all over the country, with the National 1468 77th Legislature — Regular Session 60th Day
Conference of State Legislatures would know one person for sure, and that was Betty King. She has represented us well in the conferences that involve legislators and other states that are interested in what we are doing in Texas. There has been no better advocate for the Texas Senate across the country than Betty King. There was never any doubt, with the unanimous support of this body, that we ought to name the Lieutenant Governor's Committee Room in her honor. I would like to think, like you have already said so eloquently, Members, that generations to come will learn and will appreciate what we did on this day. This is why I initiated my discussion with the resolution that this is an historic occasion, and we're also paying great tribute to a person, who happens to be a woman, that a committee room is named after someone other than a male. And, in so doing, we are encouraging, in my opinion, many others to follow in her footsteps. We have a number of people here that have worked with her over the years, and I'd like very much if you would please rise and be recognized, those of you who have worked with Betty King. You see, Betty, your influence will continue to live long after all of us here in the Senate are gone. You can rest assured that we will treasure the memory of having worked with you, having learned firsthand what a lady you have been, so dignified and honest, and not having taken sides in any controversy among us, on legislation or personally. That is what you have advocated, and so you are an example. Along with those who have worked with her outside of her family, we have her family here, Betty's husband, Bill King. And we have Betty's daughter and son-in-law, Kevin Ann and Richard Marcyes, and grandsons, Max and Griffin. I'm sure you have a grandmother that you're very, very proud of, as we are. PRESENTATION Senator Truan was recognized and requested that Senator Brown escort Mrs. King to join him at the front of the President's Rostrum for the unveiling of the plaque that dedicates the Betty King Committee Room to her honor and the presentation of a framed copy of Senate Resolution 590. Mrs. King addressed the Senate as follows: Thank you all so much. Senator Zaffirini, I didn't keep my poise. I am so honored, of course, and thank you to all my friends who are here today. That means a lot. One thing I know I can assure you is that Patsy Spaw will serve you better than I have, so I know you'll be happy with her, and she'll be happy with you, and she'll take good care of you. And you all behave yourselves. I would like to say to Bill King, what happened to your breakfast date and your luncheon you were to attend? And my daughter, why didn't you answer my e-mail? Kevin Ann hates it when I cry, and I cry a lot. When they walked in, that did it. Thank you all so very much, I'm deeply honored. I would like to thank the people, who with a great leap of faith, selected me as Secretary of the Senate, Governor Hobby, and my friend, Don Adams, who guided me through that first session. Roy Blake was also one of my bosses, Bill Haley, Bill Sims, good bosses, Chris Harris, and David Cain. I've been very fortunate, but I want to thank them particularly. Thank you. Thursday, April 26, 2001SENATE JOURNAL 1469
AT EASE The President at 11:28 a.m. announced the Senate would stand At Ease subject to the call of the Chair. IN LEGISLATIVE SESSION The President at 12:00 noon called the Senate to order as In Legislative Session. PHYSICIAN OF THE DAY Senator Jackson was recognized and presented Dr. Warren Longmire of Hitchcock as the Physician of the Day. The Senate welcomed Dr. Longmire and thanked him for his participation in the Physician of the Day program sponsored by the Texas Academy of Family Physicians. SENATE RESOLUTION 819 Senator Bernsen offered the following resolution: WHEREAS, The Senate of the State of Texas is pleased to recognize James Grayson for his 55 years of loyal service with the Houston District of the Texas Department of Transportation; and WHEREAS, Mr. Grayson began his career in 1946 as a laborer who helped to draft work for maintenance projects; in 1956, he earned his engineer's license after attending night classes at the University of Houston; and WHEREAS, Since joining the department, Mr. Grayson has played a role in many of the most monumental changes in Houston's highway system; he has been involved in such notable projects as the building of Interstate 45, the Washburn Tunnel, the Baytown Tunnel, the Texas 159 bridge over the Brazos River, the Quintana swing bridge, and the Texas 146 Fred Hartman Bridge; and WHEREAS, Associated with the department for more than 65 percent of its existence, Mr. Grayson has known it as the Texas Highway Department, the State Department of Highways and Public Transportation, and the Texas Department of Transportation; over the years, he has witnessed the development of numerous, labor-saving, technological advancements, including the invention of the computer chip for hand-held calculators; and WHEREAS, For the last 55 years, Mr. Grayson has handled his far-reaching responsibilities with exceptional skill and dedication, and he continues to work hard every day to help make the bridges and roads of Texas safe for its citizens; and WHEREAS, An exemplary and distinguished gentleman, James Grayson is beloved and respected by his colleagues at the Texas Department of Transportation, and he deserves recognition for his years of outstanding service; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby commend James Grayson on his exceptional career and his invaluable contributions to the Houston District of the Texas Department of Transportation and to the citizens of our state; and, be it further RESOLVED, That a copy of this Resolution be prepared for James Grayson as an expression of esteem from the Texas Senate. The resolution was again read. The resolution was previously adopted on Wednesday, April 25, 2001. 1470 77th Legislature — Regular Session 60th Day
GUEST PRESENTED Senator Bernsen was recognized and introduced to the Senate James Grayson of Houston. The Senate welcomed Mr. Grayson. GUESTS PRESENTED Senator Barrientos was recognized and introduced to the Senate representatives of The Home Depot, Incorporated. The Senate welcomed its guests. CONCLUSION OF MORNING CALL The President at 12:10 p.m. announced the conclusion of morning call. SENATE BILL 1802 ON SECOND READING On motion of Senator Truan and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to engrossment: SB 1802, Relating to the annexation of additional territory and the composition of the port commission of the Port of Corpus Christi Authority of Nueces County, Texas. The bill was read second time and was passed to engrossment by a viva voce vote. SENATE BILL 1802 ON THIRD READING Senator Truan moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 1802 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 28, Nays 1, Present-not voting 1. Yeas: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, Whitmire, Zaffirini. Nays: Wentworth. Present-not voting: Mr. President. Absent-excused: West. The bill was read third time and was passed by the following vote: Yeas 29, Nays 0, Present-not voting 1. Present-not voting: Mr. President. Absent-excused: West. Thursday, April 26, 2001SENATE JOURNAL 1471
(Senator Carona in Chair) HOUSE CONCURRENT RESOLUTION 11 ON SECOND READING On motion of Senator Shapleigh and by unanimous consent, the regular order of business was suspended to take up for consideration at this time HCR 11: WHEREAS, The Texas Legislative Medal of Honor was established by the 58th Texas Legislature to honor gallant and intrepid service by a member of the State Military Forces of Texas, and through his courageous actions during battle in the Vietnam War, Master Sergeant Roy P. Benavidez distinguished himself as a worthy recipient of this prestigious honor; and WHEREAS, A native Texan, Sergeant Benavidez was born on August 5, 1935, in DeWitt County, the son of a sharecropper; orphaned at an early age and raised by relatives, he dropped out of school at the age of 14 to work in the fields before enlisting in the U.S. Army in June 1955; and WHEREAS, While on his first tour of duty in Vietnam, this admirable soldier was injured by a land mine and though doctors feared he might never walk again, Sergeant Benavidez recovered fully and returned to Vietnam with the Green Berets, an elite Special Forces unit; and WHEREAS, On the morning of May 2, 1968, while assigned to the Loc Ninh base in South Vietnam, Sergeant Benavidez learned that 12 members of a Special Forces reconnaissance team were surrounded by enemy troops inside Cambodia and under heavy fire; this heroic Texan courageously volunteered for the evacuation mission to aid in the rescue of his fellow soldiers; and WHEREAS, Though intense small-arms and anti-aircraft fire made the rescue operation tremendously dangerous, Sergeant Benavidez jumped from the helicopter into enemy gunsights; even before he reached the stranded team's position he had been wounded in his right leg, face, and head, yet despite his painful injuries, Sergeant Benavidez carried the wounded men to the waiting helicopter and provided protective fire to cover the remaining crew; and WHEREAS, The mission grew more complicated as Sergeant Benavidez retrieved classified documents from dead and wounded team members, and he worked quickly to secure them despite sustaining more severe wounds from gunshots to his abdomen and grenade fragments in his back; while attempting takeoff, the pilot was mortally wounded and the helicopter crashed; despite the chaos around him, Sergeant Benavidez freed those aboard from the wreckage and established a defensive perimeter under increasing enemy gunfire and grenade attacks; and WHEREAS, Acting as medic, directing by radio the fire from gunships overhead, and even engaging in hand-to-hand combat with the enemy, Sergeant Benavidez bravely weathered a harrowing six hours in the field and saved the lives of eight men through his leadership and action; he had been clubbed, shot, and bayoneted, yet Sergeant Benavidez prevailed, and when his actions were praised as awesome and extraordinary, he defined them only as duty; and WHEREAS, For his exceptional valor, Sergeant Benavidez was awarded the Distinguished Service Cross and in 1981 he was presented with the Congressional Medal of Honor by President Ronald Reagan; even after his retirement from the military he continued to serve his country by devoting his time and energy to veterans groups and by visiting schools to speak to youths on critical issues such as education, drug use, and gangs; and 1472 77th Legislature — Regular Session 60th Day
WHEREAS, Though this brave soldier died on November 29, 1998, the extremely valorous actions displayed by Master Sergeant Roy P. Benavidez in the face of overwhelming odds continue to serve as an inspiration; the Texas Legislative Medal of Honor is the highest commendation Texans can bestow on members of our state military forces, and it is truly fitting that it be awarded to Sergeant Benavidez; now, therefore, be it RESOLVED, That the 77th Legislature of the State of Texas hereby posthumously confer the Texas Legislative Medal of Honor on Master Sergeant Roy P. Benavidez in recognition of his heroic service and express to his family our deepest appreciation on behalf of all his fellow Texans; and, be it further RESOLVED, That an official copy of this resolution be prepared for the family of Sergeant Benavidez as an expression of highest regard by the Texas Legislature. The resolution was read second time and was adopted by a viva voce vote. REMARKS ORDERED PRINTED On motion of Senator Staples and by unanimous consent, the following remarks regarding HCR 11 were ordered reduced to writing and printed in the Senate Journal: Senator Shapleigh: Members, it's a real honor for me to carry this resolution. While Mr. Benavidez did not live in my district, his name is on Veterans of Foreign Wars posts from El Paso to Brownsville, from San Antonio to Victoria. He's a real true Texas hero. What this resolution will do is bestow posthumously the Texas Legislative Medal of Honor on Master Sergeant Roy P. Benavidez of El Campo, Texas, who passed away on November 29, 1990. The Texas Legislative Medal of Honor can only be awarded by the Governor upon approval by the Legislature. There will be, on the House floor on May 2nd, a ceremony honoring Roy Benavidez, and his family will be there. I hope the whole Senate will be in attendance to honor him. I would like to read, if I may, Mr. President, the citation of the great courage evidenced by Mr. Benavidez when he won the Congressional Medal of Honor, and this is directly from that citation: "Though intense small-arms and anti-aircraft fire made the rescue operation tremendously dangerous, Sergeant Benavidez jumped from the helicopter into enemy gunsights. Even before he reached the stranded team's position he had been wounded in his right leg, face, and head, yet despite his painful injuries, Sergeant Benavidez carried the wounded men to the waiting helicopter and provided protective fire to cover the remaining crew. The mission grew more complicated as Sergeant Benavidez retrieved classified documents from dead and wounded team members, and he worked quickly to secure them despite sustaining more severe wounds from gunshots to his abdomen and grenade fragments in his back. While attempting take-off, the pilot was mortally wounded and the helicopter crashed. Despite the chaos around him, Sergeant Benavidez freed those aboard from the wreckage and established a defensive perimeter under increasing enemy gunfire and grenade attacks. Acting as medic, directing by radio the fire from gunships overhead, and even engaging in hand-to-hand combat with the enemy, Sergeant Benavidez bravely weathered a harrowing six hours in the field and saved the lives of eight men through his leadership and action. He had been clubbed, shot, and bayoneted, yet Sergeant Benavidez prevailed, and when his actions were praised as awesome and extraordinary, he defined them only as duty." Mr. President, I think at times like this we contemplate what actions of men and women Thursday, April 26, 2001SENATE JOURNAL 1473 make this democracy possible, and I'm honored to carry this resolution for Roy Benavidez, a true Texas hero. Senator Armbrister: Thank you Mr. President. Senator Shapleigh, I'm pleased that we are recognizing a true Texas legend, and you have done a great job in documenting the heroic exploits that resulted in the bestowing of the Congressional Medal of Honor on Roy. Roy was born in Cuero, Texas, but really grew up in El Campo, which is in Wharton County, and like a lot of young people back in the 1960s, he volunteered to serve his state and his nation and, of course, the exploits, as you have well documented there, resulted in this bestowing of the Congressional Medal of Honor. What I rise to talk about also is that Roy Benavidez was not an individual to rest on his laurels. He was not one to flag-wave and to say, look what I have done. Roy constantly strived until his death just two years ago, I believe you mentioned 1990, but it was 1998, that you could find Roy volunteering his services as a guest speaker if it was youth-related. That was his first rule for any format that he had: how many of our young people will be at this event? You could always count on Roy anytime that there was some type of youth activity for his personal appearance, his words of wisdom, his counseling to countless young people in the 18th Senatorial District. He served as a true Texas ambassador for the rest of the world, and I am pleased to rise and join you in this HCR 11 on behalf of a great Texan, Roy Benavidez. Senator Truan: Thank you very much Mr. President. I, also, would like to join Senator Shapleigh in this resolution and Senator Armbrister and others. I was happy and fortunate to have met, and I think privileged to have met, Roy Benavidez. He came here to the floor of the Senate when we were convening our session a couple of sessions ago, and he honored us with his presence that he would come only as an individual citizen, but certainly someone that honored us by being here in the opening of the session here in the Senate. I think Senator Armbrister hit it on the nail when he said he didn't rest on his laurels. He traveled around and encouraged young people, like those that are here in the gallery, to understand what our country was all about, to understand why it was necessary many times for us to have to go and defend this great country of ours. I think he served as a perfect example of someone who went to war defending our interest of this country and came back a hero, someone who was the recipient of the Medal of Honor, and someone who served as an example of why it is important to serve our country. It is so important nowadays, when they're having trouble having enough volunteers to volunteer for the military in our country, to know that there are people like Roy Benavidez that served and served with honor. I join you, Senator Shapleigh and Senator Armbrister, in asking the Senate to approve HCR 11 to confer the Texas Legislative Medal of Honor on Master Sergeant Roy P. Benavidez. May he rest in peace. Senator Lucio: Thank you very much Mr. President. Members, Senator Shapleigh, Dean Truan, and Senator Armbrister, and those of us here on the floor who certainly appreciate the men and women of our country who have served so graciously and gallantly in support of our great country and making it better, as we have seen through the years, I knew this gentleman; I met him on several occasions; I watched him as he moved around, and I listened to what he spoke about. I think that as I did that, obviously, he reminded me of my own father who served in North Africa, who was one of seven brothers who were in the armed forces and who preached Americanism to us. 1474 77th Legislature — Regular Session 60th Day
That's what Roy did, he not only preached Americanism, but he lived it. As those who have spoken before me have so eloquently stated, he is a man and an American, more importantly than anything else, that truly typified what our country is all about. As I think about him at this moment and try to reminisce of the two or three times that I did have the pleasure of joining with him in conversation, I can certainly look back and remember that here was a man that truly represented our country in every sense of the word, not only in a uniform, but also as a citizen. You can be a great American without having served in our armed forces. I think that's what we need to learn from those who have served in our armed forces, the men and women of our country that on a daily basis represent and are our country should look back at these great Americans like Roy Benavidez who have truly set the pace for all of us to be able to follow. I hope, Members, that someday we will require a subject matter in our public schools in terms of Americanism. I think love of country is something that we all need to talk about, and I think we'll have lesser problems in the future if we do so. Thank you. Senator Gallegos: Thank you Mr. President. I, also, rise to join Senator Shapleigh and others in honoring Sergeant Roy P. Benavidez. He was one of my friends. He often went to the American Legion Post 472 in Houston on several occasions. When I first got elected to the Senate, he asked me to go make a speech in El Campo, which I did. I told him I was going to have to get permission first from Senator Armbrister before I went in to El Campo to speak. Everything that has been said about Roy, I mean this was a really, really nice man. He was always smiling, loved to laugh and loved to eat, but, most importantly, loved to be around children, especially young adults that he would tell, especially those in the Hispanic community thinking about joining the forces, either the Navy, Army, or Marines, he would kind of guide them. My father was the commander of the American Legion Post 472 there in the barrio of Magnolia where I grew up, and we had very, very fond memories of Roy, and Senator Armbrister was right, he never would talk about his endeavors, he would just talk about the future. He would talk about the future, he never talked about what happened in Vietnam or the Congressional Medal of Honor that he won. He was really, really a role model, not for only kids here in Texas, but for kids around the country, I did want to say that. So, I join you, Senator Shapleigh, in honoring Sergeant Roy Benavidez today. Senator Ogden: Senator Shapleigh, when you read what Roy Benavidez did in battle, it's beyond what I can imagine a human being is capable of, it's just hard to believe that somebody could be that heroic. Members, I don't know if you have ever noticed this or not, but on the way from the Capitol into the Annex there are displays of, I would guess 50 or 60 Texans who have received the Congressional Medal of Honor, and sometime, when you're not so busy, it's worth your time to read what those men have done on behalf of our country. But the reason that I get up to speak beyond that is about something that Senator Van de Putte said yesterday, when we talked for, I guess, an hour and a half about Hispanic Texans and minorities being underrepresented at places like The University of Texas. The one place that I know that they have not been underrepresented for a long, long time, in fact, they've been overrepresented for a long, long time is in the military and in defense of our country. My son, who is a United States Marine, says that's still true. I think that is something that I would like to thank Roy Benavidez and all Texans with Hispanic surnames for, the gift that they've given to our state and our country by overrepresenting themselves in the defense of our country. Thursday, April 26, 2001SENATE JOURNAL 1475
Senator Shapleigh: You know, Senator Ogden, one of the things in looking at the story of Roy Benavidez that struck me: he joined the United States Army in 1955, and he went for his first tour in Vietnam in 1967, and he stepped on a land mine and had serious injuries, almost had his legs amputated, and then volunteered for a second tour. This Congressional Medal of Honor came from his second tour in Vietnam, after he had stepped on a land mine on his first tour. When you go down and look at that Congressional Medal of Honor gallery that's on the way to the Annex, you're exactly right, Hispanics and minorities aren't underrepresented in that gallery. When it comes to courage and bravery in this state, I can think of no role model greater than Roy Benavidez. I'm really pleased to be carrying this to honor him on May 2nd. GUESTS PRESENTED Senator Van de Putte was recognized and introduced to the Senate a group of students from Westwood Terrace Elementary School in San Antonio, accompanied by Principal Gloria Valle; Vice-principal Rebecca Carmona; teachers, Rose Mena, Melinda Adams, Patricia Flemings, Dru Ramon, Edna Thomas, Jennifer Pena, and Roxy Vasquez; and parents, Dora Tamez, Linda Evans, Sandra Christopher, and Maria Agueros. The Senate welcomed its guests. COMMITTEE SUBSTITUTE SENATE BILL 1497 ON SECOND READING On motion of Senator Ellis and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to engrossment: CSSB 1497, Relating to the sourcing of charges for mobile telecommunications services. The bill was read second time and was passed to engrossment by a viva voce vote. COMMITTEE SUBSTITUTE SENATE BILL 1497 ON THIRD READING Senator Ellis moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1497 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 28, Nays 1, Present-not voting 1. Yeas: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, Whitmire, Zaffirini. Nays: Wentworth. Present-not voting: Mr. President. Absent-excused: West. The bill was read third time and was passed by a viva voce vote. 1476 77th Legislature — Regular Session 60th Day
COMMITTEE SUBSTITUTE HOUSE BILL 1545 ON THIRD READING On motion of Senator Bivins and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its third reading and final passage: CSHB 1545, Relating to the operation, regulation, administration, and financing of public institutions of higher education. The bill was read third time and was passed by the following vote: Yeas 29, Nays 0, Present-not voting 1. Present-not voting: Mr. President. Absent-excused: West. HOUSE BILL 1130 ON SECOND READING On motion of Senator Barrientos and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to third reading: HB 1130, Relating to the exemption of certain educational aides from the payment of tuition and fees at institutions of higher education and to the employment of those aides. The bill was read second time. (President in Chair) Senator Barrientos offered the following committee amendment to the bill: Committee Amendment No. 1 Amend HB 1130 by striking Section 3, Subsection (a) on page 3 and substituting the following: SECTION 3. (a) This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2001. The committee amendment was read and was adopted by a viva voce vote. On motion of Senator Barrientos and by unanimous consent, the caption was amended to conform to the body of the bill as amended. HB 1130 as amended was passed to third reading by a viva voce vote. HOUSE BILL 1130 ON THIRD READING Senator Barrientos moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 1130 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 28, Nays 1, Present-not voting 1. Yeas: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Thursday, April 26, 2001SENATE JOURNAL 1477
Moncrief, Nelson, Ogden, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, Whitmire, Zaffirini. Nays: Wentworth. Present-not voting: Mr. President. Absent-excused: West. The bill was read third time and was passed by the following vote: Yeas 29, Nays 0, Present-not voting 1. Present-not voting: Mr. President. Absent-excused: West. SENATE BILL 70 ON THIRD READING On motion of Senator Haywood and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its third reading and final passage: SB 70, Relating to creating a covenant marriage. The bill was read third time and was passed by a viva voce vote. RECORD OF VOTES Senators Barrientos, Gallegos, Truan, and Zaffirini asked to be recorded as voting "Nay" on the final passage of SB 70. Senator Moncrief asked to be recorded as "Present-not voting" on the final passage of SB 70. COMMITTEE SUBSTITUTE SENATE BILL 248 ON SECOND READING On motion of Senator Carona and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to engrossment: CSSB 248, Relating to the exemption from ad valorem taxation of motor vehicles leased for personal use. The bill was read second time and was passed to engrossment by a viva voce vote. RECORD OF VOTES Senators Shapleigh and Truan asked to be recorded as voting "Nay" on the passage of CSSB 248 to engrossment. COMMITTEE SUBSTITUTE SENATE BILL 248 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 CSSB 248 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 26, Nays 3, Present-not voting 1. Yeas: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, 1478 77th Legislature — Regular Session 60th Day
Moncrief, Nelson, Ogden, Shapiro, Sibley, Staples, Van de Putte, Whitmire, Zaffirini. Nays: Shapleigh, Truan, Wentworth. Present-not voting: Mr. President. Absent-excused: West. The bill was read third time and was passed by a viva voce vote. RECORD OF VOTES Senators Shapleigh and Truan asked to be recorded as voting "Nay" on the final passage of CSSB 248. HOUSE BILL 1754 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 at this time on its second reading and passage to third reading: HB 1754, Relating to the effect of redistricting by a junior college district on the terms of the current members of the district's board of trustees. The bill was read second time and was passed to third reading by a viva voce vote. HOUSE BILL 1754 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 HB 1754 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 28, Nays 1, Present-not voting 1. Yeas: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, Whitmire, Zaffirini. Nays: Wentworth. Present-not voting: Mr. President. Absent-excused: West. The bill was read third time and was passed by the following vote: Yeas 29, Nays 0, Present-not voting 1. Present-not voting: Mr. President. Absent-excused: West. SENATE BILL 63 ON SECOND READING On motion of Senator Moncrief and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to engrossment: Thursday, April 26, 2001SENATE JOURNAL 1479
SB 63, Relating to a franchise tax credit for wages paid to persons with certain disabilities. The bill was read second time and was passed to engrossment by a viva voce vote. SENATE BILL 63 ON THIRD READING Senator Moncrief moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 63 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 28, Nays 1, Present-not voting 1. Yeas: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, Whitmire, Zaffirini. Nays: Wentworth. Present-not voting: Mr. President. Absent-excused: West. The bill was read third time and was passed by a viva voce vote. SENATE BILL 532 ON SECOND READING On motion of Senator Nelson and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to engrossment: SB 532, Relating to medical assistance for certain persons in need of treatment for breast or cervical cancer. The bill was read second time and was passed to engrossment by a viva voce vote. SENATE BILL 532 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 SB 532 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 28, Nays 1, Present-not voting 1. Yeas: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, Whitmire, Zaffirini. Nays: Wentworth. Present-not voting: Mr. President. Absent-excused: West. The bill was read third time and was passed by a viva voce vote. 1480 77th Legislature — Regular Session 60th Day
COMMITTEE SUBSTITUTE SENATE BILL 1119 ON SECOND READING On motion of Senator Armbrister and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to engrossment: CSSB 1119, Relating to the regulation of bail bond sureties; providing a penalty. The bill was read second time. Senator Armbrister offered the following amendment to the bill: Floor Amendment No. 1 Amend CSSB 1119 as follows: 1. In Section 4 on page 3, add to the end of line 19 the following: ". . . as determined by the most recent certified county appraisal roll or according to a current appraisal made by a real estate appraiser approved by the board." 2. In Section 5 on page 6, beginning on line 12, amend subsection (B) as follows: (B) the net value of the property according to the most recent certified county appraisal roll, or according to a current appraisal made by a real estate appraiser approved by the board, who is a member in good standing of a nationally recognized professional appraiser society or trade organization that has an established code of ethics, educational program, and professional certification program; The amendment was read and was adopted by a viva voce vote. On motion of Senator Armbrister and by unanimous consent, the caption was amended to conform to the body of the bill as amended. CSSB 1119 as amended was passed to engrossment by a viva voce vote. COMMITTEE SUBSTITUTE SENATE BILL 1119 ON THIRD READING Senator Armbrister moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1119 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 28, Nays 1, Present-not voting 1. Yeas: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, Whitmire, Zaffirini. Nays: Wentworth. Present-not voting: Mr. President. Absent-excused: West. The bill was read third time and was passed by a viva voce vote. Thursday, April 26, 2001SENATE JOURNAL 1481
COMMITTEE SUBSTITUTE SENATE BILL 904 ON SECOND READING On motion of Senator Bernsen and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to engrossment: CSSB 904, Relating to the prosecution and punishment of criminal offenses relating to making certain false statements or reports. The bill was read second time and was passed to engrossment by a viva voce vote. COMMITTEE SUBSTITUTE SENATE BILL 904 ON THIRD READING Senator Bernsen moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 904 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 28, Nays 1, Present-not voting 1. Yeas: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, Whitmire, Zaffirini. Nays: Wentworth. Present-not voting: Mr. President. Absent-excused: West. The bill was read third time and was passed by a viva voce vote. COMMITTEE SUBSTITUTE HOUSE BILL 675 ON SECOND READING On motion of Senator Staples and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to third reading: CSHB 675, Relating to the selection and training of certain officers of certain water districts. The bill was read second time and was passed to third reading by a viva voce vote. COMMITTEE SUBSTITUTE HOUSE BILL 675 ON THIRD READING Senator Staples moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHB 675 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 28, Nays 1, Present-not voting 1. Yeas: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, 1482 77th Legislature — Regular Session 60th Day
Moncrief, Nelson, Ogden, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, Whitmire, Zaffirini. Nays: Wentworth. Present-not voting: Mr. President. Absent-excused: West. The bill was read third time and was passed by the following vote: Yeas 29, Nays 0, Present-not voting 1. Present-not voting: Mr. President. Absent-excused: West. COMMITTEE SUBSTITUTE SENATE BILL 1245 ON SECOND READING On motion of Senator Moncrief and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to engrossment: CSSB 1245, Relating to reporting certain acts of misconduct by and background checks of certain employees and applicants for employment of certain health care agencies and facilities. The bill was read second time and was passed to engrossment by a viva voce vote. COMMITTEE SUBSTITUTE SENATE BILL 1245 ON THIRD READING Senator Moncrief moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1245 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 28, Nays 1, Present-not voting 1. Yeas: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, Whitmire, Zaffirini. Nays: Wentworth. Present-not voting: Mr. President. Absent-excused: West. The bill was read third time and was passed by the following vote: Yeas 29, Nays 0, Present-not voting 1. Present-not voting: Mr. President. Absent-excused: West. Thursday, April 26, 2001SENATE JOURNAL 1483
COMMITTEE SUBSTITUTE SENATE BILL 535 ON SECOND READING On motion of Senator Carona and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to engrossment: CSSB 535, Relating to the continuation and functions of the Texas Department on Aging. The bill was read second time and was passed to engrossment by a viva voce vote. COMMITTEE SUBSTITUTE SENATE BILL 535 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 CSSB 535 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 28, Nays 1, Present-not voting 1. Yeas: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, Whitmire, Zaffirini. Nays: Wentworth. Present-not voting: Mr. President. Absent-excused: West. The bill was read third time and was passed by a viva voce vote. SENATE BILL 1785 ON SECOND READING On motion of Senator Nelson and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to engrossment: SB 1785, Relating to the limit on assistance under the state program for assisting school districts with the payment of existing debt. The bill was read second time and was passed to engrossment by a viva voce vote. SENATE BILL 1785 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 SB 1785 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 28, Nays 1, Present-not voting 1. Yeas: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, 1484 77th Legislature — Regular Session 60th Day
Moncrief, Nelson, Ogden, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, Whitmire, Zaffirini. Nays: Wentworth. Present-not voting: Mr. President. Absent-excused: West. The bill was read third time and was passed by a viva voce vote. HOUSE BILL 271 ON SECOND READING On motion of Senator Truan and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to third reading: HB 271, Relating to the ineligibility of certain veterans to receive benefits under the Veterans' Land Program and the Veterans' Housing Assistance Program. The bill was read second time and was passed to third reading by a viva voce vote. HOUSE BILL 271 ON THIRD READING Senator Truan moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 271 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 28, Nays 1, Present-not voting 1. Yeas: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, Whitmire, Zaffirini. Nays: Wentworth. Present-not voting: Mr. President. Absent-excused: West. The bill was read third time and was passed by the following vote: Yeas 29, Nays 0, Present-not voting 1. Present-not voting: Mr. President. Absent-excused: West. COMMITTEE SUBSTITUTE SENATE BILL 1268 ON SECOND READING On motion of Senator Madla and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to engrossment: CSSB 1268, Relating to a surety bond obtained for a public project and executed by a surety company. The bill was read second time and was passed to engrossment by a viva voce vote. Thursday, April 26, 2001SENATE JOURNAL 1485
COMMITTEE SUBSTITUTE SENATE BILL 1268 ON THIRD READING Senator Madla moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1268 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 28, Nays 1, Present-not voting 1. Yeas: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, Whitmire, Zaffirini. Nays: Wentworth. Present-not voting: Mr. President. Absent-excused: West. The bill was read third time and was passed by a viva voce vote. HOUSE BILL 360 ON THIRD READING On motion of Senator Moncrief, on behalf of Senator Zaffirini, and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its third reading and final passage: HB 360, Relating to the abuse of a child. The bill was read third time and was passed by a viva voce vote. HOUSE BILL 477 ON SECOND READING On motion of Senator Moncrief, on behalf of Senator Zaffirini, and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to third reading: HB 477, Relating to the establishment of an interagency plan for coordinating case management services for certain recipients of financial assistance. The bill was read second time and was passed to third reading by a viva voce vote. HOUSE BILL 477 ON THIRD READING Senator Moncrief, on behalf of Senator Zaffirini, moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 477 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 28, Nays 1, Present-not voting 1. Yeas: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, 1486 77th Legislature — Regular Session 60th Day
Moncrief, Nelson, Ogden, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, Whitmire, Zaffirini. Nays: Wentworth. Present-not voting: Mr. President. Absent-excused: West. The bill was read third time and was passed by a viva voce vote. GUESTS PRESENTED Senator Shapiro was recognized and introduced to the Senate a group of students from Plano High School in Plano. The Senate welcomed its guests. SENATE RULE 11.10 SUSPENDED (Posting Rule) On motion of Senator Armbrister and by unanimous consent, Senate Rule 11.10 was suspended in order that the Committee on Criminal Justice might meet today. BILL AND RESOLUTION SIGNED The President announced the signing of the following enrolled bill and resolution in the presence of the Senate after the caption had been read: HB 1362, HCR 258. RESOLUTIONS OF RECOGNITION The following resolutions were adopted by the Senate: Memorial Resolution SR 823 by Nelson, In memory of Dr. Dale Jackson of Lewisville. Congratulatory Resolution SR 822 by Nelson, Congratulating Caleb Williams of Lewisville. ADJOURNMENT On motion of Senator Truan, the Senate at 1:35 p.m. adjourned, in memory of the lives of former Lieutenant Governor Bob Bullock and former Senators, Wayne Connally, William S. Fly, Henry B. Gonzalez, D. Roy Harrington, Gregory Luna, Oscar H. Mauzy, Bill Moore, Frank Owen III, and W. A. Shofner, until 9:00 a.m. tomorrow. Thursday, April 26, 2001SENATE JOURNAL 1487
APPENDIX
COMMITTEE REPORTS The following committee reports were received by the Senate: April 26, 2001 VETERAN AFFAIRS AND MILITARY INSTALLATIONS — CSSB 1558 INTERGOVERNMENTAL RELATIONS — CSSB 778, CSSB 1007, CSSB 1176, CSSB 1542, CSHB 444, HB 1100, CSHB 1981 HEALTH AND HUMAN SERVICES — HB 767, HB 768 STATE AFFAIRS — CSSB 1458 BUSINESS AND COMMERCE — SB 1568, SB 771, SB 1797, CSSB 1485
SENT TO GOVERNOR April 26, 2001 SB 404, SB 487 1488 77th Legislature — Regular Session 60th Day
In Memory of The Honorable Bob Bullock The Honorable Wayne Connally The Honorable William S. Fly The Honorable Henry B. Gonzalez The Honorable D. Roy Harrington The Honorable Gregory Luna The Honorable Oscar H. Mauzy The Honorable Bill Moore The Honorable Frank Owen III The Honorable W. A. Shofner Senator Cain offered the following resolution: (Senate Resolution 825) WHEREAS, The Senate of the State of Texas joins citizens throughout the state in mourning the death of Lieutenant Governor Bob Bullock, and former Senate members Wayne Connally, William S. Fly, Henry B. Gonzalez, D. Roy Harrington, Gregory Luna, Oscar H. Mauzy, Bill Moore, Frank Owen III, and W. A. Shofner; and WHEREAS, A giant in Texas politics, Bob Bullock served the State of Texas more than 40 years, and the acme of his political career would be the eight years of superlative service he rendered as lieutenant governor; Bob Bullock began his career in politics in 1956 as a member of the Texas House of Representatives, where he served in the 55th and 56th legislatures; and WHEREAS, Following a distinguished term as comptroller of public accounts, Governor Bullock was sworn in as lieutenant governor in 1991, and during his years in office, he guided some of the most productive sessions in Texas legislative history, helping shape every major piece of legislation; he died June 18, 1999; and WHEREAS, A member of a famous Texas political family, Wayne Connally worked as a rancher before winning election to the Texas House of Representatives in 1964; he served in the 60th through the 62nd legislatures as a senator and played a leading role in establishing the first upper-level institution for higher education in Laredo; he died December 20, 2000; and WHEREAS, Senator William S. Fly ably represented the citizens of Victoria first as a member of the Texas House of Representatives during the 50th through the 52nd legislatures and then as a member of the Texas Senate during the 54th, 55th, and 56th legislatures; he remained an active leader in his community following his legislative service; Senator Fly died April 26, 2000; and WHEREAS, In 1957, Henry B. Gonzalez became the first Mexican-American to serve in the Texas Senate, where he earned a Thursday, April 26, 2001SENATE JOURNAL 1489
reputation as a gentleman of unbending principle through his efforts to thwart segregationist legislation; and WHEREAS, He served during the 55th, 56th, and 57th legislative sessions before resigning his Senate seat to become a United States Representative and the first Mexican-American sent to Congress from Texas; Congressman Gonzalez enjoyed overwhelming support from his district and was elected to 18 successive terms before retiring from public service in 1997; he died November 28, 2000; and WHEREAS, A dedicated public servant, D. Roy Harrington spent 18 years as a member of the Texas Legislature; his political career began in 1956, when he was elected a state representative for three consecutive terms; Senator Harrington served in the 58th through the 64th legislatures and ably represented the needs of his southeast Texas constituency; he died March 8, 2001; and WHEREAS, Gregory Luna was known and loved for his gentle affable nature; beginning in 1985, he served four consecutive terms in the Texas House of Representatives, which were followed by his election in 1992 to the Texas Senate, where he served in the 73rd through the 76th legislatures; and WHEREAS, Senator Luna earned a reputation nonpareil as a supporter of public education; in the Senate, he played a prominent role in shaping legislation affecting school finance, Education Code reform, The University of Texas at San Antonio, and school vouchers; he died November 6, 1999; and WHEREAS, Former Supreme Court Justice and Texas legislator Oscar Holcombe Mauzy achieved renown through his staunch advocacy of democratic principles; elected senator in 1966, he served in the 60th through the 69th legislatures, helping to advance equal rights for women, education reform, consumer protection, open government, and improvements in the civil justice system; and WHEREAS, Senator Mauzy won election to the Texas Supreme Court in 1986; his performance on the bench bolstered his reputation as a defender of democratic principles and established him as one of Texas' most revered public servants; he died October 10, 2000; and WHEREAS, Twenty years after his retirement from public service, the name of Bill Moore, the Bull of the Brazos, still resonates throughout the Capitol; Bill Moore was elected to the Texas House of Representatives while attending The University of Texas School of Law, and he served one term; and WHEREAS, Elected senator in 1948, he served for three decades as Texas Senator, from the 51st through the 66th legislatures; during this time, his commitment to the growth of The Texas A&M University System cannot be overstated, and he succeeded in changing the university into a co-educational institution; the former dean of the Senate died May 27, 1999; and WHEREAS, A longtime leading political figure in the State of Texas, Frank Owen III, served in the Texas House of Representatives in the 52nd 1490 77th Legislature — Regular Session 60th Day
and 53rd legislatures; in 1954, he was elected to fill an unexpired term in the Texas Senate, where he served in the 53rd through the 58th legislatures; while in the Texas Legislature, Senator Owen was chairman of the Federal Relations Committee and the Oil and Gas Committee; he died February 20, 1999; and WHEREAS, Throughout a career in public service that began in 1939 and ended in 1971, W. A. Shofner devoted himself to his fellow Texans; he was elected to one term in the Texas House of Representatives for the 44th Legislature; in 1948, he was elected to the Texas Senate and served as a member of the 51st and 52nd legislatures; following his legislative career, Senator Shofner joined the Texas Railroad Commission as a senior examiner in 1953 and retired in 1971; he died February 8, 1999; and WHEREAS, Throughout Texas history, many citizens have served their state with integrity and distinction as elected officials; some are more well known than others, but all were united by their desire to do their best for Texas; they worked hard and offered personal sacrifices for the betterment of their fellow citizens, and they will be remembered for their vision, their foresight, and their abiding love of Texas; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby extend sincere condolences to the families of Bob Bullock, Wayne Connally, William S. Fly, Henry B. Gonzalez, D. Roy Harrington, Gregory Luna, Oscar H. Mauzy, Bill Moore, Frank Owen III, and W. A. Shofner; and, be it further RESOLVED, That a copy of this Resolution be prepared as an expression of deepest sympathy from the Texas Senate, and that when the Senate adjourns this day, it do so in honor of these exceptional men. The resolution was read. On motion of Senator Brown and by unanimous consent, the names of the Lieutenant Governor and Senators were added to the resolution as signers thereof. On motion of Senator Cain, the resolution was adopted by a rising vote of the Senate.