FORTY-NINTH DAY
THURSDAY, APRIL 10, 2003
PROCEEDINGS
The Senate met at 10:00 a.m. pursuant to adjournment and was called to order by SenatoriLucio. The roll was called and the following Senators were present:iiArmbrister, Averitt, Bivins, Brimer, Carona, Deuell, Duncan, Ellis, Estes, Fraser, Gallegos, Harris, Hinojosa, Jackson, Janek, Lindsay, Lucio, Madla, Nelson, Ogden, Ratliff, Shapiro, Shapleigh, Staples, VanideiPutte, Wentworth, West, Whitmire, Williams, Zaffirini. Absent-excused:iiBarrientos. The Presiding Officer announced that a quorum of the Senate was present. Senate Doorkeeper Don Long offered the invocation as follows: Almighty, glorious, and blessed God, vouchsafe thine aid to the Senators of this great State of Texas in all their present undertakings. Dispel whatever spirit of discord may here arise. Enrich each heart with that most excellent gift of charity so that all actions may be full of the spirit of kindness and forbearance one toward another. Let each of us remember the words of that wise king of ancient Israel, Solomon, when he stated:ii"And don t’ make rash promises to God, for He is in heaven, and you are only here on Earth. So let your words be few."ii(Ecclesiastes 5:2) We pray that Your wisdom and patience shall fill the heart and mind of Lieutenant Governor Dewhurst as he leads the deliberations of this assembly this day. Place Your protecting hand upon our troops in Iraq and help those who are trying to get humanitarian aid to the citizens of Iraq. And God, bless us each and every one. Amen. Senator Whitmire moved that the reading of the Journal of the proceedings of yesterday be dispensed with and the Journal be approved as printed. The motion prevailed without objection. LEAVE OF ABSENCE On motion of Senator Whitmire, Senator Barrientos was granted leave of absence for today on account of illness. 926 78th Legislature — Regular Session 49th Day
CO-AUTHORS OF SENATE BILL 13 On motion of Senator Zaffirini, Senators Hinojosa, Lucio, and West will be shown as Co-authors of SBi13. CO-AUTHORS OF SENATE BILL 155 On motion of Senator Zaffirini, Senators Hinojosa and Williams will be shown as Co-authors of SBi155. CO-AUTHORS OF SENATE BILL 233 On motion of Senator Fraser, Senators Ogden and Wentworth will be shown as Co-authors of SBi233. CO-AUTHOR OF SENATE BILL 244 On motion of Senator West, Senator VanideiPutte will be shown as Co-author of SBi244. CO-AUTHOR OF SENATE BILL 342 On motion of Senator Shapleigh, Senator Zaffirini will be shown as Co-author of SBi342. CO-AUTHOR OF SENATE BILL 395 On motion of Senator Shapleigh, Senator Lucio will be shown as Co-author of SBi395. CO-AUTHOR OF SENATE BILL 409 On motion of Senator Lucio, Senator Hinojosa will be shown as Co-author of SBi409. CO-AUTHOR OF SENATE BILL 521 On motion of Senator Staples, Senator Lucio will be shown as Co-author of SBi521. CO-AUTHOR OF SENATE BILL 786 On motion of Senator Shapleigh, Senator Lucio will be shown as Co-author of SBi786. CO-AUTHOR OF SENATE BILL 835 On motion of Senator Williams, Senator Deuell will be shown as Co-author of SBi835. CO-AUTHOR OF SENATE BILL 903 On motion of Senator Lindsay, Senator VanideiPutte will be shown as Co-author of SBi903. CO-AUTHOR OF SENATE BILL 1083 On motion of Senator Ogden, Senator Lucio will be shown as Co-author of SBi1083. Thursday, April 10, 2003 SENATE JOURNAL 927
CO-AUTHOR OF SENATE BILL 1109 On motion of Senator Shapiro, Senator Hinojosa will be shown as Co-author of SBi1109. CO-AUTHOR OF SENATE BILL 1288 On motion of Senator Gallegos, Senator VanideiPutte will be shown as Co-author of SBi1288. CO-AUTHOR OF SENATE BILL 1583 On motion of Senator Shapleigh, Senator Lucio will be shown as Co-author of SBi1583. CO-AUTHOR OF SENATE CONCURRENT RESOLUTION 19 On motion of Senator Barrientos, Senator Janek will be shown as Co-author of SCRi19. HOUSE BILL ON FIRST READING The following bill received from the House was read first time and referred to the committee indicated: HB 1365 to Committee on Natural Resources. MESSAGE FROM THE HOUSE HOUSE CHAMBER Austin, Texas April 10, 2003 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 54, Relating to certain early voting by mail procedures and to the prevention of voting fraud generally; providing criminal penalties. HB 207, Relating to the appearance by a defendant in certain misdemeanor cases. HB 575, Relating to displaying or reading from certain historical texts in public schools. HB 651, Relating to the creation of a savings incentive program for state agencies. HB 673, Relating to parental notification of public school teacher qualifications. HB 849, Relating to the regulation of tow truck lights by political subdivisions. HB 1088, Relating to sales tax information provided by the comptroller to certain municipalities. 928 78th Legislature — Regular Session 49th Day
HB 1131, Relating to insurer interests in certain motor vehicle repair facilities. HB 1169, Relating to evaluations of public school counselors. HB 1510, Relating to package store tasting permits. HB 1592, Relating to the establishment of the offense of performing surgery while intoxicated. HB 1883, Relating to the appointment of a voting proxy by members of certain policy boards of metropolitan planning organizations. HCR 56, Urging the secretary of the United States Department of Health and Human Services to authorize any sectioni1115 demonstration waivers. HCR 57, Urging congress to enact the Children First SCHIP Improvement Act of 2003 and enact legislation further extending the availability of 2000 and 2001 SCHIP allotments until 2005. HCR 79, In memory of Dr. Marion Jack Brooks of Fort Worth. HCR 82, Memorializing Congress to increase Texas ’ share of revenue from the federal fuel tax to 95ipercent. HCR 83, Honoring John Lackey for his success in the 2002 World Series. HCR 85, Saluting volunteers in the State of Texas. HCR 88, Honoring the life of John Lance Foster of Midland. HCR 102, Honoring the musical legacy of Robert "Wolfman Jack" Smith. HCR 107, Congratulating RaShawn Washington of Fort Worth on the publication of her poem "Talk." HCR 108, Honoring Dunbar Middle School student Tiffany Lewis of Fort Worth for her selection to attend the People to People Student Ambassador Program s’ 2003 Leadership Summit. HCR 110, Congratulating Torivia N. Hernandez on being named a 2002-2003 Outstanding Teacher by the Fort Worth Independent School District. HCR 111, Congratulating Rochelle M. Grisafi on being named a 2002-2003 Outstanding Teacher by the Fort Worth Independent School District. HCR 112, Congratulating Crystal Clancy on being named a 2002-2003 Outstanding Teacher by the Fort Worth Independent School District. HCR 113, Congratulating Sandra G. Farmer on being named a 2002-2003 Outstanding Teacher by the Fort Worth Independent School District. HCR 114, Congratulating Shawne Briggs on being named a 2002-2003 Outstanding Teacher by the Fort Worth Independent School District. HCR 115, Congratulating Kristy Muckleroy on being named a 2002-2003 Outstanding Teacher by the Fort Worth Independent School District. HCR 116, Congratulating Karla Bevel on being named a 2002-2003 Outstanding Teacher by the Fort Worth Independent School District. Thursday, April 10, 2003 SENATE JOURNAL 929
HCR 117, Congratulating Shaneeka Shannon on being named a 2002-2003 Outstanding Teacher by the Fort Worth Independent School District. HCR 118, Congratulating Keith Haliburton on being named a 2002-2003 Outstanding Teacher by the Fort Worth Independent School District. HCR 119, Congratulating Tonya Allen on being named a 2002-2003 Outstanding Teacher by the Fort Worth Independent School District. HCR 120, Congratulating Paulino Rosales III on being named a 2002-2003 Outstanding Teacher by the Fort Worth Independent School District. HCR 121, Congratulating Sedonia L. Johnson on being named a 2002-2003 Outstanding Teacher by the Fort Worth Independent School District. HCR 122, Congratulating Andrea Curley Harper on being named a 2002-2003 Outstanding Teacher by the Fort Worth Independent School District. HCR 127, In memory of Tarrence Leon White of Fort Worth. HCR 149, Honoring Purple Heart recipient James Virdell of Wichita Falls. HCR 150, Designating October 24, 2003, as Presbyterian Children s’ Homes and Services Day in Texas. HJR 23, Proposing a constitutional amendment permitting refinancing of a home equity loan with a reverse mortgage. HJR 61, Proposing a constitutional amendment authorizing municipalities to donate surplus fire-fighting equipment or supplies for the benefit of rural volunteer fire departments. SCR 38, Commending General Tommy Ray Franks for his service on behalf of our country. Respectfully, /s/Robert Haney, Chief Clerk House of Representatives SENATE RESOLUTION 486 Senator Hinojosa offered the following resolution: WHEREAS, Aprili10, 2003, marks the 50th wedding anniversary of Juan S. and Maria Elisa Rodriguez of Edinburg, and this milestone is most deserving of special recognition; and WHEREAS, Before the couple s’ marriage, Mr. iRodriguez served valiantly in the United States military during World WariII, earning numerous service awards, including a Purple Heart, a Bronze Star, and an Oak Leaf Cluster; he was wounded in battle in Germany in March 1945 and received an honorable discharge on Julyi31, 1950; and WHEREAS, Mr. and Mrs. Rodriguez were wed at Sacred Heart Church in Edinburg in 1953, and over the years, their family has grown to include five sons and four daughters, as well as 21 cherished grandchildren and one great-grandchild; and 930 78th Legislature — Regular Session 49th Day
WHEREAS, Mr. Rodriguez worked at the city s’ water plant until his retirement in 1989, while Mrs.iRodriguez has been a devoted homemaker throughout the couple s’ marriage; and WHEREAS, Still active members of the church where they were wed, this loving couple have demonstrated a deep commitment to one another, to their family, and to the institution of marriage, and it is a pleasure to join in honoring them at this time; now, therefore, be it RESOLVED, That the Senate of the 78th Texas Legislature hereby congratulate JuaniS. and Maria Elisa Rodriguez on the joyous occasion of their golden wedding anniversary and extend to them sincere best wishes for continued happiness; and, be it further RESOLVED, That an official copy of this resolution be prepared for Mr.iand Mrs.iRodriguez as an expression of high regard by the Texas Senate. The resolution was read and was adopted without objection. GUESTS PRESENTED Senator Hinojosa was recognized and introduced to the Senate JuaniS. and Maria Elisa Rodriguez; their daughter, Leticia Rodriguez; and their sons, Antonio Javier and Ernesto Rodriguez; accompanied by other family members. The Senate welcomed its guests. SENATE RESOLUTION 597 Senator Jackson offered the following resolution: WHEREAS, The Senate of the State of Texas joins the community of Friendswood and citizens across the state and nation in recognizing Gay and Bob Smither for their dedicated work on behalf of missing children; and WHEREAS, Gay and Bob s’ daughter, Laura, a 12-year-old aspiring ballerina, certified scuba diver, Cadette Girl Scout, and gifted student, was abducted near her home in Friendswood on Aprili3, 1997; and WHEREAS, The Laura Recovery Center was founded as Gay and Bob, the Friendswood Police Department, and more than 6,000 community volunteers launched a nationwide search to find the missing child; a trusting and cooperative relationship developed between the community and law enforcement in the intense search for Laura, and the relationship later became known as the Triangle of Trust; and WHEREAS, Gay and Bob Smither know the pain, fear, and frustration that families experience when a child is missing, and they dedicate many hours to working with the Laura Recovery Center and helping others to recover missing children; they are able to provide the compassion, counsel, and support to others that are needed at such a traumatic time in their lives; and WHEREAS, The couple established the Laura Recovery Center Foundation to assist with and improve citizen response and emergency preparedness in cases of missing children and to foster a Triangle of Trust between family, citizens, and law enforcement in all communities; now, therefore, be it Thursday, April 10, 2003 SENATE JOURNAL 931
RESOLVED, That the Senate of the State of Texas, 78th Legislature, hereby commend Gay and Bob Smither for their continuing efforts to work on behalf of missing children and express appreciation for the invaluable support they give to others in honor and in memory of their daughter, Laura Kate Smither; and, be it further RESOLVED, That a copy of this Resolution be prepared as an expression of high regard from the Texas Senate. The resolution was read and was adopted without objection. GUESTS PRESENTED Senator Jackson was recognized and introduced to the Senate Gay Smither and Dawn Davis, Executive Director of the Laura Recovery Center in Friendswood. The Senate welcomed its guests. PHYSICIANS OF THE DAY Senator VanideiPutte was recognized and presented Dr. Eliot Young of SaniAntonio, accompanied by Dr. Amy Christianson and Dr. Blake McGowan, as the Physicians of the Day. The Senate welcomed Drs. Young, Christianson, and McGowan and thanked them for their participation in the Physician of the Day program sponsored by the Texas Academy of Family Physicians. GUESTS PRESENTED Senator Jackson was recognized and introduced to the Senate a delegation from Leadership Friendswoodi2003. The Senate welcomed its guests. PERMISSION TO INTRODUCE BILL Senator Whitmire moved to suspend Senate Rulei7.07(b) and Sectioni5, ArticleiIII, of the Texas Constitution to permit the introduction of the following bill:iiSBi1908. The motion prevailed by the following vote:iiYeasi30, Naysi0. Absent-excused:iiBarrientos. SENATE BILL ON FIRST READING The following bill was introduced, read first time, and referred to the committee indicated: SB 1908 by Ellis Relating to the disclosure of information relating to the investment of the permanent university fund and other funds under the management and control of the board of regents of The University of Texas System. To Subcommittee on Higher Education. 932 78th Legislature — Regular Session 49th Day
SENATE RESOLUTION 512 Senator Ogden offered the following resolution: SR 512, In memory of Tim Max Kennedy of Bryan. The resolution was read. Senator Ogden was recognized and introduced to the Senate Suzi Kennedy, widow of Tim Max Kennedy, accompanied by Joe and Janice Berreth and Bill and Sarah Taylor, friends of the family. The Senate welcomed its guests and extended its sympathy. On motion of Senator Ogden, the resolution was adopted by a rising vote of the Senate. In honor of the memory of Tim Max Kennedy, the text of SRi512 is printed at the end of today s’ Senate Journal. SENATE RESOLUTION 201 Senator West offered the following resolution: WHEREAS, The Senate of the State of Texas is pleased to recognize Clyde Porter for his outstanding contributions to the field of architecture; and WHEREAS, A highly respected public architect in Dallas, Clyde Porter has played a major role in overseeing more than $5ibillion worth of design and construction projects for the Dallas County Community College District, the Worldwide Headquarters of the Army and Air Force Exchange Service, the Dallas Area Rapid Transit, and the United States Army Corps of Engineers; and WHEREAS, The first African American architect employed by the Dallas County Community College District, Mr. Porter is the leader for the design and construction projects on 10 campuses that serve more than 150,000 students; in addition, as the assistant vice chancellor for the district, he has significantly raised minority participation in the college s’ architectural and engineering projects; a cofounder of the Texas Chapter of the National Association of Minority Architects, he has promoted minority participation in the field throughout Texas and the nation; and WHEREAS, Clyde Porter has achieved widespread recognition for his vision as an architect, and his leadership and advocacy have led to high quality architecture and preservation of the built environment; at the 2002 Gala of the Dallas Chapter of the American Institute of Architects, he was recognized for his outstanding contributions to the Dallas County Community College District; and WHEREAS, A leading architect for more than 30 years, Clyde Porter is a role model for young people, and he generously volunteers his time to recruit students to schools of architecture and to inspire them to pursue a career in this field; during African American History Month, it is indeed appropriate to pay tribute to him and to recognize him for his many achievements; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 78th Legislature, hereby commend Clyde Porter for his exceptional accomplishments and for distinguishing himself in his profession; and, be it further Thursday, April 10, 2003 SENATE JOURNAL 933
RESOLVED, That a copy of this Resolution be prepared for him as an expression of esteem from the Texas Senate. The resolution was again read. The resolution was previously adopted on Wednesday, Februaryi19, 2003. GUESTS PRESENTED Senator West was recognized and introduced to the Senate Clyde Porter and his wife, Jean, accompanied by Sally Fly, Executive Director, American Institute of Architects in Austin, and John Nyfeler, President of the Texas Society of Architects. The Senate welcomed its guests. GUESTS PRESENTED Senator Lindsay was recognized and introduced to the Senate a group of senior students from the government class at Stratford High School in Houston, accompanied by Ann Kucera, Principal, and Barbara Larsen, Spring Branch Independent School District trustee. The Senate welcomed its guests. SENATE RESOLUTION 606 Senator Nelson offered the following resolution: SR 606, In memory of Jesus Martin "Marty" Antonio Medellin of Fort Worth. The resolution was read. On motion of Senator Nelson, the resolution was adopted by a rising vote of the Senate. In honor of the memory of Jesus Martin "Marty" Antonio Medellin, the text of SRi606 is printed at the end of today s’ Senate Journal. SENATE RESOLUTION 593 Senator Nelson offered the following resolution: WHEREAS, The Senate of the State of Texas is pleased to recognize William Arthur Hamilton, owner of Genesis Petroleum Corporation, for his many years of outstanding service in the petroleum industry; and WHEREAS, Mr. Hamilton earned a business degree from the University of Arkansas at Monticello before serving his country in the armed forces during the Korean War; and WHEREAS, After his military service, he began working for Texaco Corporation as a lease and contract analyst and later became chief landman in the south; he was responsible for adding important on-shore and off-shore oil and gas reserves under the company s’ exploration program; and WHEREAS, Mr. Hamilton became vice president of land for Bass Enterprises Production Company in 1973 and was instrumental in maximizing the company s’ potential in exploration and production by integrating its land, geology, geophysical, engineering, and field operations; his conservative and stable management helped the 934 78th Legislature — Regular Session 49th Day company maintain dominance in periods of economic uncertainty; in recognition of his exceptional accomplishments, he was listed in the 1993/1994 Who s’ Who Registry of Global Business Leaders; and WHEREAS, He retired in 1995 and started his own company, Genesis Petroleum Corporation, which has prospered because of his good business judgment and his many years of experience as a corporate executive; and WHEREAS, Mr. Hamilton has played an important role in the oil and gas exploration and development industry, and he is truly worthy of legislative recognition; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 78th Legislature, hereby commend William Arthur Hamilton for his strong leadership and his many worthy achievements; and, be it further RESOLVED, That a copy of this Resolution be prepared for him as an expression of esteem from the Texas Senate. The resolution was read and was adopted without objection. GUESTS PRESENTED Senator Nelson was recognized and introduced to the Senate William Arthur Hamilton of Fort Worth, accompanied by family members. The Senate welcomed its guests. (President in Chair) SENATE RESOLUTION 488 Senator Brimer offered the following resolution: WHEREAS, The Senate of the State of Texas is pleased to recognize the members of the Leadership Fort Worth Class of 2003 who are visiting the State Capitol on April 10, 2003, to learn more about state government; and WHEREAS, Program participants are provided many opportunities over a 10-month period to gain more insights into significant public issues and to visit with leaders who make crucial decisions on policies that affect their community; and WHEREAS, The members of Leadership Fort Worth are a group of diligent and qualified residents who have proven leadership abilities and who are committed to building an involved citizenry; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 78th Legislature, hereby commend the members of the Leadership Fort Worth Class of 2003 for their dedication to civic responsibilities and extend best wishes to them for a memorable and enjoyable visit in Austin; and, be it further RESOLVED, That a copy of this Resolution be prepared for these outstanding citizens as an expression of esteem from the Texas Senate. The resolution was read and was adopted without objection. GUESTS PRESENTED Senator Brimer, joined by Senator Nelson, was recognized and introduced to the Senate a delegation from Leadership Fort Worth. The Senate welcomed its guests. Thursday, April 10, 2003 SENATE JOURNAL 935
SENATE RESOLUTION 508 Senator West offered the following resolution: WHEREAS, The National Bar Association is holding its 23rd Annual Mid-Year Conference and Gertrude E. Rush Award Dinner April 9 through 13, 2003, in Austin, and this event provides a fitting opportunity to honor this outstanding organization; and WHEREAS, Established on Augusti1, 1925, the National Bar Association was founded in Des Moines, Iowa, by 12 African-American pioneers who were united in their dedication to the pursuit of justice and civil rights for all people; among the organization s’ founders was Gertrude E. Rush, a Texas native who was the first African-American woman to practice law in the State of Iowa and who became the namesake of the organization s’ awards dinner; and WHEREAS, The organization, which is headquartered in Washington, D.C., is under the able leadership of MalcolmiS. Robinson, the group s’ 60th president; a cofounder and partner in the law firm of Robinson & Hoskins L.L.P. in Dallas, Mr.iRobinson has established himself as a leader in the community, and his impressive contributions to the area include service as chairman of the Dallas Convention and Visitors Bureau, the Dallas Black Chamber of Commerce, the Greater Dallas Crime Commission, and the Board of Trustees for the State Bar of Texas Insurance Trust; and WHEREAS, Since its inception, the National Bar Association has grown both in size and influence; with more than 20,000 members, the organization is the country s’ oldest and largest national association of predominately African-American lawyers and judges; and WHEREAS, In addition to providing a professional network for its membership, this visionary organization hosts numerous noteworthy civic initiatives, including the Black Elderly Legal Assistance Support Project; it promotes minority business enterprise and development through advocacy, technical assistance, and educational programs and advocates for the nomination and confirmation of highly qualified African Americans to judicial positions; it also supports international nondiscrimination programs and was the only bar group sanctioned by the International Elections Commission, with members serving as official observers for the first all-race democratic election conducted in South Africa; and WHEREAS, Over the last 78 years, the men and women of the National Bar Association have worked to build a brighter and more promising future for others, and it is a pleasure to recognize them at this time; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 78th Legislature, hereby commend MalcolmiS. Robinson and all those associated with the National Bar Association for their dedicated efforts in the pursuit of justice and extend to them sincere best wishes for a memorable and meaningful visit to Austin; and, be it further RESOLVED, That a copy of this Resolution be prepared for the National Bar Association as an expression of high regard from the Texas Senate. The resolution was read and was adopted without objection. 936 78th Legislature — Regular Session 49th Day
GUESTS PRESENTED Senator West was recognized and introduced to the Senate MalcolmiS. Robinson, President, National Bar Association; Sonya D. Hoskins, Secretary; John Crump, Executive Director; Andrea Pair Bryant, Conference Chair; and Monica Ingram, President, Austin Black Lawyers Association; accompanied by other members of the National Bar Association. The Senate welcomed its guests. GUESTS PRESENTED Senator Shapleigh, on behalf of Senator Barrientos, was recognized and introduced to the Senate sixth-grade students from Zavala Elementary School in Austin, accompanied by their teachers. The Senate welcomed its guests. GUESTS PRESENTED Senator West was recognized and introduced to the Senate students from government and economics classes of Duncanville High School in Duncanville, accompanied by their teachers. The Senate welcomed its guests. CONCLUSION OF MORNING CALL The President at 10:46 a.m. announced the conclusion of morning call. COMMITTEEiiSUBSTITUTE SENATE BILL 13 ON SECOND READING Senator Zaffirini moved to suspend the regular order of business to take up for consideration CSSBi13 at this time on its second reading: CSSB 13, Relating to restricting written information required of public school classroom teachers. The motion prevailed by a viva voce vote. RECORD OF VOTE Senator Ogden asked to be recorded as voting "Nay" on the suspension of the regular order of business. The bill was read second time and was passed to engrossment by a viva voce vote. RECORD OF VOTE Senator Ogden asked to be recorded as voting "Nay" on the passage of CSSBi13 to engrossment. COMMITTEEiiSUBSTITUTE SENATE BILL 13 ON THIRD READING 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 CSSBi13 be placed on its third reading and final passage. Thursday, April 10, 2003 SENATE JOURNAL 937
The motion prevailed by the following vote:iiYeasi27, Naysi3. Yeas:iiArmbrister, Averitt, Bivins, Brimer, Carona, Deuell, Duncan, Ellis, Estes, Fraser, Gallegos, Harris, Hinojosa, Jackson, Janek, Lindsay, Lucio, Madla, Nelson, Shapiro, Shapleigh, Staples, VanideiPutte, West, Whitmire, Williams, Zaffirini. Nays:iiOgden, Ratliff, Wentworth. Absent-excused:iiBarrientos. The bill was read third time and was passed by the following vote:iiYeasi29, Naysi1. Nays:iiOgden. Absent-excused:iiBarrientos. COMMITTEEiiSUBSTITUTE SENATE BILL 1059 ON SECOND READING Senator Ellis moved to suspend the regular order of business to take up for consideration CSSBi1059 at this time on its second reading: CSSB 1059, Relating to corporate ethics and integrity; providing penalties. The motion prevailed by a viva voce vote. The bill was read second time and was passed to engrossment by a viva voce vote. COMMITTEEiiSUBSTITUTE SENATE BILL 1059 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 CSSBi1059 be placed on its third reading and final passage. The motion prevailed by the following vote:iiYeasi28, Naysi2. Yeas:iiArmbrister, Averitt, Bivins, Brimer, Carona, Deuell, Duncan, Ellis, Estes, Fraser, Gallegos, Harris, Hinojosa, Jackson, Janek, Lindsay, Lucio, Madla, Nelson, Ogden, Shapiro, Shapleigh, Staples, VanideiPutte, West, Whitmire, Williams, Zaffirini. Nays:iiRatliff, Wentworth. Absent-excused:iiBarrientos. The bill was read third time and was passed by a viva voce vote. SENATE BILL 382 ON SECOND READING Senator Armbrister moved to suspend the regular order of business to take up for consideration SBi382 at this time on its second reading: SB 382, Relating to reimbursement under certain health benefit plans for services provided by licensed athletic trainers. The motion prevailed by a viva voce vote. The bill was read second time and was passed to engrossment by a viva voce vote. 938 78th Legislature — Regular Session 49th Day
SENATE BILL 382 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 SBi382 be placed on its third reading and final passage. The motion prevailed by the following vote:iiYeasi28, Naysi2. Yeas:iiArmbrister, Averitt, Bivins, Brimer, Carona, Deuell, Duncan, Ellis, Estes, Fraser, Gallegos, Harris, Hinojosa, Jackson, Janek, Lindsay, Lucio, Madla, Nelson, Ogden, Shapiro, Shapleigh, Staples, VanideiPutte, West, Whitmire, Williams, Zaffirini. Nays:iiRatliff, Wentworth. Absent-excused:iiBarrientos. The bill was read third time and was passed by a viva voce vote. SENATE BILL 1065 ON SECOND READING Senator Shapiro moved to suspend the regular order of business to take up for consideration SBi1065 at this time on its second reading: SB 1065, Relating to a pilot project to address continuing needs for more child protective services caseworkers in certain regions of this state. The motion prevailed by a viva voce vote. The bill was read second time and was passed to engrossment by a viva voce vote. SENATE BILL 1065 ON THIRD READING Senator Shapiro moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SBi1065 be placed on its third reading and final passage. The motion prevailed by the following vote:iiYeasi28, Naysi2. Yeas:iiArmbrister, Averitt, Bivins, Brimer, Carona, Deuell, Duncan, Ellis, Estes, Fraser, Gallegos, Harris, Hinojosa, Jackson, Janek, Lindsay, Lucio, Madla, Nelson, Ogden, Shapiro, Shapleigh, Staples, VanideiPutte, West, Whitmire, Williams, Zaffirini. Nays:iiRatliff, Wentworth. Absent-excused:iiBarrientos. The bill was read third time and was passed by a viva voce vote. COMMITTEEiiSUBSTITUTE SENATE BILL 1109 ON SECOND READING Senator Shapiro moved to suspend the regular order of business to take up for consideration CSSBi1109 at this time on its second reading: CSSB 1109, Relating to revocation of the certificate and termination of the employment of public school educators convicted of certain offenses. The motion prevailed by a viva voce vote. The bill was read second time and was passed to engrossment by a viva voce vote. Thursday, April 10, 2003 SENATE JOURNAL 939
COMMITTEEiiSUBSTITUTE SENATE BILL 1109 ON THIRD READING Senator Shapiro moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi1109 be placed on its third reading and final passage. The motion prevailed by the following vote:iiYeasi28, Naysi2. Yeas:iiArmbrister, Averitt, Bivins, Brimer, Carona, Deuell, Duncan, Ellis, Estes, Fraser, Gallegos, Harris, Hinojosa, Jackson, Janek, Lindsay, Lucio, Madla, Nelson, Ogden, Shapiro, Shapleigh, Staples, VanideiPutte, West, Whitmire, Williams, Zaffirini. Nays:iiRatliff, Wentworth. Absent-excused:iiBarrientos. The bill was read third time and was passed by the following vote:iiYeasi30, Naysi0. Absent-excused:iiBarrientos. SENATE BILL 909 ON SECOND READING Senator Lucio moved to suspend the regular order of business to take up for consideration SBi909 at this time on its second reading: SB 909, Relating to the regulation of combative sports; providing penalties. The motion prevailed by a viva voce vote. The bill was read second time and was passed to engrossment by a viva voce vote. SENATE BILL 909 ON THIRD READING Senator Lucio moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SBi909 be placed on its third reading and final passage. The motion prevailed by the following vote:iiYeasi28, Naysi2. Yeas:iiArmbrister, Averitt, Bivins, Brimer, Carona, Deuell, Duncan, Ellis, Estes, Fraser, Gallegos, Harris, Hinojosa, Jackson, Janek, Lindsay, Lucio, Madla, Nelson, Ogden, Shapiro, Shapleigh, Staples, VanideiPutte, West, Whitmire, Williams, Zaffirini. Nays:iiRatliff, Wentworth. Absent-excused:iiBarrientos. The bill was read third time and was passed by a viva voce vote. 940 78th Legislature — Regular Session 49th Day
COMMITTEEiiSUBSTITUTE SENATE BILL 521 ON SECOND READING Senator Staples moved to suspend the regular order of business to take up for consideration CSSBi521 at this time on its second reading: CSSB 521, Relating to the acquisition and regulation of manufactured homes. The motion prevailed by a viva voce vote. RECORD OF VOTES Senators Gallegos and Shapleigh asked to be recorded as voting "Nay" on the suspension of the regular order of business. The bill was read second time. Senator Staples offered the following amendment to the bill: Floor Amendment No. 1 Amend CSSB 521 (committee printing) as follows: (1)iiIn SECTION 2 of the bill, in the introductory language (page 1, lines 51 and 52), strike "Subsections (a) and (b), Section 1201.162, Occupations Code, are" and substitute "Subsection (a), Section 1201.162, Occupations Code, is". (2)iiIn SECTION 2 of the bill, in amended Subsection (a), Section 1201.162, Occupations Code (page 1, line 55), strike "10-point" and substitute "12-point [10-point]". (3)iiIn SECTION 2 of the bill, in amended Section 1201.162, Occupations Code (page 3, lines 3-24), strike Subsection (b). (4)iiIn SECTION 3 of the bill, in the introductory language (page 3, lines 27-29), strike "Subsections (a) and (b), Section 21, Texas Manufactured Housing Standards Act (Article 5221f, Vernon s’ Texas Civil Statutes), are" and substitute "Subsection (a), Section 21, Texas Manufactured Housing Standards Act (Article 5221f, Vernon s’ Texas Civil Statutes), is". (5)iiIn SECTION 3 of the bill, in amended Subsection (a), Section 21, Texas Manufactured Housing Standards Act (Article 5221f, Vernon s’ Texas Civil Statutes) (page 3, line 33), strike "10-point" and substitute "12-point [10-point]". (6)iiIn SECTION 3 of the bill, in amended Section 21, Texas Manufactured Housing Standards Act (Article 5221f, Vernon s’ Texas Civil Statutes) (page 4, lines 44-65), strike Subsection (b). (7)iiIn SECTION 4 of the bill, in the introductory language (page 4, line 67), between "Sections" and "1201.1521", insert "1201.1505,". (8)iiIn SECTION 4 of the bill, immediately following the introductory language (page 4, between lines 68 and 69), insert the following: Sec.i1201.1505.iiDEPOSIT ON SPECIALLY ORDERED MANUFACTURED HOMES. A retailer may require an earnest money deposit on a specially ordered manufactured home only if: (1)iian earnest money contract has been signed by all parties; (2)iiif applicable, the original binding loan commitment letter issued by the lender is delivered to the consumer; and (3)iithe consumer has not rescinded the contract under Section 1201.1521. Thursday, April 10, 2003 SENATE JOURNAL 941
(9)iiIn SECTION 4 of the bill (page 5, lines 5-15), strike proposed Sections 1201.163 and 1201.164, Occupations Code, and substitute the following: Sec.i1201.163.iiADVANCE COPY OF INSTALLMENT CONTRACT AND DISCLOSURE STATEMENT; OFFER BY RETAILER. In a chattel mortgage transaction involving an installment contract, a retailer shall deliver to a consumer at least 24 hours before the contract is fully executed the disclosure statement required by this subchapter and the contract, with all required information included, signed by the retailer. The delivery of the disclosure statement and installment contract, with all required information included, signed by the retailer constitutes a firm offer by the retailer. The consumer may accept the offer not earlier than 24 hours after the delivery of the documents. Sec.i1201.164.iiNONBINDING ESTIMATE. In a chattel mortgage transaction, if a retailer provides a nonbinding estimate regarding the contract price of a manufactured home or the monthly payments or interest rate applicable to a loan issued in connection with the home, the estimate must be made in writing and in good faith. (10)iiIn SECTION 9 of the bill, in proposed Subsection (d) of Section 1201.508, Occupations Code (page 6, line 65), strike "until the time the" and substitute "from the retailer s’ inventory until the time the installment". (11)iiStrike SECTION 18 of the bill (page 9, lines 9-15) and substitute the following: SECTIONi18.iiIf the Act of the 78th Legislature, Regular Session, 2003, relating to nonsubstantive additions to and corrections in enacted codes takes effect, Sections 1201.162(b) and (c), Occupations Code, are repealed. If that Act does not take effect, Sections 21(b) and (c), Texas Manufactured Housing Standards Act (Article 5221f, Vernon s’ Texas Civil Statutes), are repealed. (12)iiStrike SECTIONS 20 and 21 of the bill (page 9, lines 18-34) and substitute the following: SECTIONi20.ii(a) The change in law made by this Act in amending Section 623.104, Transportation Code, applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date. (b)iiThe change in law made by this Act in amending Section 32.014, Tax Code, applies only to an ad valorem tax year that begins on or after January 1, 2004. The change in law made in amending that section does not affect a tax lien that attaches to property for a tax year that begins before January 1, 2004, and the law in effect immediately before January 1, 2004, continues in effect for purposes of the tax lien. SECTIONi21.ii(a) Except as provided by Subsection (b) of this section: (1)iithis 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; and (2)iiif this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2003. 942 78th Legislature — Regular Session 49th Day
(b)iiSections 1 and 15 of this Act take effect January 1, 2004. The floor amendment was read and was adopted by a viva voce vote. Senator Staples offered the following amendment to the bill: Floor Amendment No. 2 Amend CSSB 521 (committee printing) as follows: (1)iiStrike SECTION 15 of the bill (page 8, lines 15-51) and substitute the following: SECTIONi15.iiSection 25.08, Tax Code, is amended by amending Subsection (a) and adding Subsections (e) and (f) to read as follows: (a)iiExcept as provided by Subsections (b) through (f) [(d) of this section], an improvement may be listed in the name of the owner of the land on which the improvement is located. (e)iiRegardless of its classification under the Property Code or this title, a manufactured home shall be listed together with the land on which the manufactured home is affixed if: (1)iithe owner of the manufactured home has been issued a certificate of attachment for that manufactured home by the Texas Department of Housing and Community Affairs; (2)iithe owner of the land on which the manufactured home is affixed owns the manufactured home; and (3)iithe land is not encumbered by a mortgage, deed of trust, or other interest securing payment or performance of an obligation. (f)iiA manufactured home shall be listed separately from the land on which the manufactured home is affixed if: (1)iithe owner of the manufactured home has not been issued a certificate of attachment for that manufactured home by the Texas Department of Housing and Community Affairs; (2)iithe owner of the land on which the manufactured home is affixed does not own the manufactured home; or (3)iithe land is encumbered by a mortgage, deed of trust, or other interest securing payment or performance of an obligation. SECTIONi16.iiSection 32.014, Tax Code, is amended by amending Subsections (a) and (b) and adding Subsection (d) to read as follows: (a)iiIf a manufactured home is listed together with the land on which the manufactured home is affixed, [the ownership of the real property on which a manufactured home is affixed and the manufactured home are the same, the manufactured home shall be appraised and taxed as an improvement to the real property, and] the tax lien attaches to the land [real property] on which the manufactured home is affixed [located] regardless of the classification of the manufactured home under the Property Code. (b)iiIf a manufactured home is listed separately from the land on which the manufactured home is affixed, the [ownership of the manufactured home, whether by deed or contract for sale, and the real property on which the manufactured home is affixed are not the same, the personal property manufactured home shall be separately appraised and taxed at the same rate and on the same ad valorem basis as other Thursday, April 10, 2003 SENATE JOURNAL 943 single-family residential structures. The] tax lien on the manufactured home does not attach to the land on which the home is affixed [real property when the ownership of the manufactured home and real property are different]. (d)iiThis section prevails over Chapter 1201, Occupations Code, to the extent of any conflict. SECTIONi17.iiSection 32.03, Tax Code, is amended by amending Subsection (c) and adding Subsection (j) to read as follows: (c)iiExcept to the extent that tax liability for a year exceeds the amount computed under Subsection (j)(2), a [A] bona fide purchaser for value or the holder of a lien recorded on a manufactured home document of title is not required to pay any taxes imposed on the manufactured home in a tax year that begins on or after January 1, 2001, or penalties or interest on those taxes, if the chief appraiser of the appraisal district established for the county in which the manufactured home is located, in connection with an application for a permit to transport the manufactured home under Section 623.093(d), Transportation Code, has issued a written statement that no unpaid taxes have been reported on the manufactured home due any taxing unit for which the appraisal district appraises property. (j)iiFor purposes of this section, unpaid taxes due a taxing unit include: (1)iiall unpaid taxes and any penalty and interest due that taxing unit for a tax year preceding the current tax year; and (2)iifor a manufactured home that was located in the taxing unit on January 1 of the current tax year: (A)iitaxes due for the current tax year; or (B)iiif taxes for the current tax year have not been levied by the taxing unit, an estimated amount of taxes computed by multiplying the taxable value of the manufactured home, according to the most recent certified appraisal roll for the taxing unit, by the taxing unit s’ adopted tax rate for the preceding tax year. (2)iiRenumber subsequent SECTIONS of the bill accordingly. (3)iiIn SECTION 20 of the bill (page 9, lines 26-32), strike Subsection (b) and substitute the following: (b)iiThe changes in law made by this Act to Sections 25.08, 32.014, and 32.03, Tax Code, apply only to an ad valorem tax year that begins on or after January 1, 2004. The changes in law made to those sections do not affect a tax lien that attached to property for a tax year that began before January 1, 2004, and the law in effect immediately before January 1, 2004, is continued in effect for purposes of the tax lien. (4)iiIn SECTION 21 of the bill (page 9, line 34), strike "1 and 15" and substitute "1, 15, 16, and 17". The floor amendment was read and was adopted by a viva voce vote. RECORD OF VOTE Senator Shapleigh asked to be recorded as voting "Nay" on the adoption of Floor Amendment No. 2. 944 78th Legislature — Regular Session 49th Day
Senator Staples offered the following amendment to the bill: Floor Amendment No. 3 Amend CSSB 521 as follows: In SECTION 16 (committee printing, page 8, line 67) add a new subsection (f) as follows: (f)iia person commits an offense if the person knowingly provides compensation for the movement of a manufactured home to a person who is in violation of this subchapter. The offense is a misdemeanor punishable by a fine of $1,000. The floor amendment was read and was adopted by a viva voce vote. Senator Lucio offered the following amendment to the bill: Floor Amendment No. 4 Amend CSSB 521 as follows: Add a new SECTION 18 to the bill and renumber subsequent SECTIONS accordingly, to read as follows: SECTION 18.iiAmend Sections 347.355 and 347.356, Finance Code, to read as follows: Sec. 347.355.iiREPOSSESSION ON DEFAULT.ii(a) If a consumer is in default, the creditor who possesses the first recorded perfected security interest may not repossess, remove or enter the manufactured home except through judicial process. (b) [If the manufactured home is affixed to real property,] The creditor, after giving all appropriate notices pursuant to Section 347.356, the contract and other law, may [remove the manufactured home from the real property in accordance with the applicable provisions of the Business & Commerce Code as if it were personal property] file an action to foreclose on its security interest and repossess the manufactured home. Sec.i347.356.iiREQUIREMENTS FOR ACTION TO REPOSSESS, FORECLOSE, OR ACCELERATE PAYMENT OF ENTIRE DEBT. (a) Before filing an action to repossess a manufactured home, foreclose a lien on a manufactured home, or accelerate payment of the entire unpaid balance of a credit transaction, the creditor must [comply with the regulations of the Office of Thrift Supervision relating to the disclosure required for repossession, foreclosure, or acceleration except in extreme circumstances, including abandonment or voluntary surrender of the manufactured home] send the consumer, and any guarantors, a notice of default by certified mail with return receipt requested giving the consumer 30 days in which to cure any default alleged by the creditor in the form set forth in paragraph (d) of this Section. (b)iiIn the case of a default on payments or other charges owed, the notice must include the amounts owed which are in default and no others. (c)iiIf the negotiations that related to the execution of the contract, sale, lien, or security interest were conducted primarily in a language other than English, the creditor shall provide a copy of the notice required by this Section in that language. (d)iiNotice Form. To:iiiiiiiiiii[Name of Consumer]iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii Date:iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii Thursday, April 10, 2003 SENATE JOURNAL 945
NOTICE OF DEFAULT and RIGHT TO CURE DEFAULT iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii [Name, address, and telephone number of the creditor] iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii Account Number [if any] Brief identification of the credit transaction You are now in default on this credit transaction. You have a right to correct this default within 30 days from the postmarked date of this notice. If you correct the default, you may continue with the contract as though you did not default. Your default consists of: iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii [Describe default alleged] Cure of default:iiWithin 30 days from the postmarked date of this notice, you may cure your default by: iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii [Describe the acts necessary for cure, including, if applicable, the amount of payment required, and an itemized list of amounts due and any deferral charges.] Creditor s’ Rights:iiIf you do not correct your default in the time allowed, we may exercise our rights against you under the law by:iiiiiiiiiiiiiiiiiiiiiiiiiiiii[Describe the action]. Note:iiWe cannot repossess the manufactured home without authorization from a court. If we institute proceedings to take such an action, you will be given notice of such proceedings. If you have any questions, writeiiiiiiiiiiii[the creditor] at the above address or calliiiiiiiiiiiii[creditor s’ designated employee] atiiiiiiiiiiiii[direct telephone number] between the hours of iiiiiiiiandiiiiiiii[state days of the week]. If this default was caused by your failure to make a payment or payments, and you want to pay by mail, please send a check or money order; do not send cash. (e) It is a false, misleading, or deceptive act or practice within the meaning of Section 17.46, Business & Commerce Code, if a creditor or debt collector threatens, represents, or states to a consumer that it may repossess a manufactured home unless the creditor or debt collector also states that repossession requires judicial approval by a court of the State of Texas in accordance this subchapter. The floor amendment was read and failed of adoption by the following vote:iiYeasi9, Naysi20. Yeas:iiGallegos, Lucio, Madla, Ratliff, Shapleigh, VanideiPutte, Wentworth, Whitmire, Zaffirini. Nays:iiArmbrister, Averitt, Bivins, Brimer, Carona, Deuell, Duncan, Ellis, Estes, Fraser, Harris, Hinojosa, Janek, Lindsay, Nelson, Ogden, Shapiro, Staples, West, Williams. Absent:iiJackson. Absent-excused:iiBarrientos. 946 78th Legislature — Regular Session 49th Day
On motion of Senator Staples and by unanimous consent, the caption was amended to conform to the body of the bill as amended. CSSBi521 as amended was passed to engrossment by a viva voce vote. RECORD OF VOTES Senators Gallegos and Shapleigh asked to be recorded as voting "Nay" on the passage of CSSBi521 to engrossment. SENATE RULE 11.10(a) SUSPENDED (Public Notice of Committee Meetings) On motion of Senator Ratliff and by unanimous consent, Senate Rule 11.10(a) was suspended in order that the Committee on State Affairs might meet today. MESSAGE FROM THE HOUSE HOUSE CHAMBER Austin, Texas April 10, 2003 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: SB 121, Relating to the application of the open meetings law to certain health maintenance organizations. SB 353, Relating to tax increment financing under the Tax Increment Financing Act in certain cities that border Mexico. SB 430, Relating to the availability of a legislative continuance in a judicial matter. SB 583, Relating to information that must be included in the adjutant general s’ annual report. (Amended) Respectfully, /s/Robert Haney, Chief Clerk House of Representatives RESOLUTIONS OF RECOGNITION The following resolutions were adopted by the Senate: Memorial Resolutions SR 600 by Shapleigh, In memory of Ruben Estrella-Soto of El Paso. SR 601 by Shapleigh, In memory of George A. Fernandez of El Paso. SR 603 by Van de Putte, In memory of Rodrigo Gonzalez Garza of San Antonio. Thursday, April 10, 2003 SENATE JOURNAL 947
SR 604 by Van de Putte, In memory of Lucian Adams of San Antonio. SR 605 by Van de Putte, In memory of Marcus Levine Carrola of San Antonio. Congratulatory Resolutions SR 514 by Barrientos, Commending Honors Day at The University of Texas at Austin. SR 598 by Jackson, Commending Dr. Dana Carson for his service to his church, his fellowman, and his community. SR 599 by Lucio, Commending Juan Francisco "Frank" Ruiz of Cameron County for his service to his community. SR 602 by Barrientos, Recognizing the Talferd and Ella Collins Farm as a treasure of Travis County and the State of Texas. HCR 72 (Harris), Honoring Howard G. Baldwin, Jr., of Austin on his retirement as first assistant attorney general of Texas. HCR 110 (Brimer), Congratulating Torivia N. Hernandez on being named a 2002-2003 Outstanding Teacher by the Fort Worth Independent School District. HCR 111 (Brimer), Congratulating Rochelle M. Grisafi on being named a 2002-2003 Outstanding Teacher by the Fort Worth Independent School District. HCR 112 (Brimer), Congratulating Crystal Clancy on being named a 2002-2003 Outstanding Teacher by the Fort Worth Independent School District. HCR 113 (Brimer), Congratulating Sandra G. Farmer on being named a 2002-2003 Outstanding Teacher by the Fort Worth Independent School District. HCR 114 (Brimer), Congratulating Shawne Briggs on being named a 2002-2003 Outstanding Teacher by the Fort Worth Independent School District. HCR 115 (Brimer), Congratulating Kristy Muckleroy on being named a 2002-2003 Outstanding Teacher by the Fort Worth Independent School District. HCR 116 (Brimer), Congratulating Karla Bevel on being named a 2002-2003 Outstanding Teacher by the Fort Worth Independent School District. HCR 117 (Brimer), Congratulating Shaneeka Shannon on being named a 2002-2003 Outstanding Teacher by the Fort Worth Independent School District. HCR 118 (Brimer), Congratulating Keith Haliburton on being named a 2002-2003 Outstanding Teacher by the Fort Worth Independent School District. HCR 119 (Brimer), Congratulating Tonya Allen on being named a 2002-2003 Outstanding Teacher by the Fort Worth Independent School District. HCR 120 (Brimer), Congratulating Paulino Rosales III on being named a 2002-2003 Outstanding Teacher by the Fort Worth Independent School District. HCR 121 (Brimer), Congratulating Sedonia L. Johnson on being named a 2002-2003 Outstanding Teacher by the Fort Worth Independent School District. HCR 122 (Brimer), Congratulating Andrea Curley Harper on being named a 2002-2003 Outstanding Teacher by the Fort Worth Independent School District. 948 78th Legislature — Regular Session 49th Day
ADJOURNMENT On motion of Senator Whitmire, the Senate at 12:41 p.m. adjourned, in memory of Tim Max Kennedy of Bryan and Jesus Martin "Marty" Antonio Medellin of Fort Worth, until 1:30 p.m. Monday, April 14, 2003.
AAAPPENDIXAA
COMMITTEE REPORTS The following committee reports were received by the Secretary of the Senate in the order listed: April 10, 2003 BUSINESS AND COMMERCEi—iSBi876, SBi1577, SBi1666, CSSBi1667, CSSBi1668, CSSBi1578, CSSBi1526, CSSBi252, CSSBi1430, CSSBi1013 INFRASTRUCTURE DEVELOPMENT AND SECURITYi—iCSSB 249 INTERGOVERNMENTAL RELATIONSi—iSJR 29, SBi726, SBi838, SBi1765 CRIMINAL JUSTICEi—iCSSB 1145, SB 51 (Amended), SBi1015 (Amended), CSSBi704, CSSBi356 FINANCEi—iSB 325, SB 966, CSSBi855, CSSBi1005 EDUCATIONi—iCSSB 933, CSSB 1366, CSSBi1510 STATE AFFAIRSi—iHB 1822 INTERGOVERNMENTAL RELATIONSi—iCSSB 821 Thursday, April 10, 2003 SENATE JOURNAL 949
In Memory of Tim Max Kennedy Senate Resolution 512 WHEREAS, The Senate of the State of Texas joins the citizens of Brazos and Robertson counties in mourning the loss of Tim Max Kennedy, who died September 23, 2002, at the age of 63; and WHEREAS, Born December 2, 1938, Tim Kennedy had retired shortly before his death as chief investigator at the Robertson County District Attorney s’ Office; he had been active in the field of law enforcement since 1961, and he was a polygraph examiner for 30 years; and WHEREAS, He taught polygraph investigation for the Texas Engineering Extension Service at the Texas A&M University System Law Enforcement Training Division from 1969 to 1985 and had previously worked for the Bryan Police Department and the Brazos County Sheriff s’ Office; and WHEREAS, While at Texas A&M University, Tim established a crime scene evidence school and also taught photography, fingerprinting, criminal investigation, and interrogation; and WHEREAS, Over the years he received numerous awards and held memberships in a number of organizations related to law enforcement and polygraph examiners; he was a member of the Texas Association of Polygraph Examiners, the American Association of Police Polygraphists, and the Texas Association of Law Enforcement Polygraph Investigators, which renamed its Examiner of the Year Award the Tim Kennedy Award in his honor; and WHEREAS, A distinguished public servant for the State of Texas, Tim Kennedy was the primary polygraph instructor for the only polygraph training school in Texas at that time; he trained most of the licensees in the State of Texas, and his ideals and traditions in ethics and professionalism will long be remembered; and WHEREAS, A man of integrity, strength, and generosity, Tim Kennedy gave unselfishly of his time to others, and his wisdom, warmth, and valued counsel will not be forgotten by those who knew him; and WHEREAS, He was a devoted husband, father, and grandfather, and he leaves behind memories that will be treasured forever by his family and many friends; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 78th Legislature, hereby extend sincere condolences to the bereaved family of Tim Max Kennedy: his wife, Suzi Kennedy; his daughters, Robbi, Dori, and Buffi; his brother, Eddie Kennedy; and his many grandchildren; and, be it further RESOLVED, That a copy of this Resolution be prepared for his family as an expression of deepest sympathy from the Texas Senate, and that when the Senate adjourns this day, it do so in memory of Tim Max Kennedy. OGDEN 950 78th Legislature — Regular Session 49th Day
In Memory of Jesus Martin "Marty" Antonio Medellin Senate Resolution 606 WHEREAS, The Senate of the State of Texas joins the citizens of Fort Worth and Texans across the state in mourning the loss of Corporal Jesus Martin "Marty" Antonio Medellin, who died Aprili7, 2003, at the age of 21; and WHEREAS, Corporal Medellin was the first casualty from Fort Worth in Operation Iraqi Freedom; he was assigned to the 3rd Assault Amphibian Battalion, 1st Marine Division, at Camp Pendleton; he was killed when an enemy artillery round struck his amphibious assault vehicle in Central Iraq; and WHEREAS, The 2000 graduate of Boswell High School knew at age 10 he wanted to be a Marine, and he served his country proudly; he was known as a mild-natured and friendly young man who was active in his church, loved his grandmother s’ tortillas, and spent time with his 11-year-old brother, Simon; and WHEREAS, Corporal Medellin was a brave and heroic Marine who lost his life while fighting on behalf of his country and its ideals and mission; Marty Medellin was also a devoted son and brother, and he leaves behind memories that will be treasured forever by his family and many friends; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 78th Legislature, hereby extend sincere condolences to the bereaved family of Corporal Jesus Martin Antonio Medellin: his parents, Mary and Freddy Medellin; his three brothers; and his extended family; and, be it further RESOLVED, That a copy of this Resolution be prepared for his family as an expression of deepest sympathy from the Texas Senate, and that when the Senate adjourns this day, it do so in memory of Marty Medellin. NELSON