FOURTH DAY

TUESDAY, JANUARY 21, 2003

PROCEEDINGS

The Senate met at 11:00 a.m. pursuant to adjournment and was called to order by the President. The roll was called and the following Senators were present:iiArmbrister, Averitt, Barrientos, Bivins, Brimer, Carona, Deuell, Duncan, Ellis, Estes, Fraser, Gallegos, Harris, Hinojosa, Jackson, Janek, Lindsay, Lucio, Madla, Nelson, Ogden, Shapiro, Shapleigh, Staples, VanideiPutte, Wentworth, West, Whitmire, Williams, Zaffirini, Mr.iPresident. The President announced that a quorum of the Senate was present. Senate Doorkeeper Don Long offered the invocation as follows: Gracious and sovereign Lord, direct the leaders of the great State of in the days of this legislative session. May the decisions made here be directed by Your hand and may each Senator seek to do what is right in Your sight. On this day of inauguration we pray for Governor Perry and Lieutenant Governor Dewhurst. Let Your grace descend upon them in abundance. Anoint them with wisdom. Endue them with a spirit of gentleness and courage, and keep them ever safe from all harm. We pray they will lead us toward the goals for which Martin Luther King lived and died, liberty and justice for all people and the personal responsibility of each person. We commend them to Your mercy and power. May their prayer be that of King Solomon, "Give therefore Thy servant an understanding heart to judge Thy people, that I may discern between good and bad; for who is able to judge this Thy so great a people?" (I Kings 3:9) And we thank You so much for Lieutenant Governor Bill Ratliff and his service to Texas. Continue to bless him in a very special way. Amen. Senator Whitmire moved that the reading of the Journal of the proceedings of Thursday, January 16, 2003, be dispensed with and the Journal be approved as printed. The motion prevailed without objection. 38 78th Legislature — Regular Session 4th Day

RESOLUTIONS SIGNED The President announced the signing of the following enrolled resolutions in the presence of the Senate: SCR 4, SCR 5. MESSAGE FROM THE HOUSE HOUSE CHAMBER Austin, Texas January 21, 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: HCR 26, Honoring soldiers from Fort Hood who are being deployed for Operation Enduring Freedom. Respectfully, /s/Robert Haney, Chief Clerk House of Representatives PHYSICIAN OF THE DAY Senator Armbrister was recognized and presented Dr. Harold High of Cuero as the Physician of the Day. The Senate welcomed Dr. High and thanked him for his participation in the Physician of the Day program sponsored by the Texas Academy of Family Physicians. GUESTS PRESENTED Senator Ellis was recognized and introduced to the Senate a group of students from Gardens Elementary School in Houston, representing the Say YES To a Youngster s’ Future program, accompanied by Wilma Robinson. The Senate welcomed its guests. GUESTS PRESENTED Senator Staples was recognized and introduced to the Senate Grammy Award-winning country singer Larry Gatlin and his wife, Janis. The Senate welcomed its guests. APPRECIATION EXTENDED Senator Bivins was recognized and, on behalf of the Senate, expressed appreciation and thanks to Lieutenant Governor Ratliff for his leadership as President of the Senate and welcomed him back as a Senator. Tuesday, January 21, 2003 SENATE JOURNAL 39

The President was joined on the Rostrum by his wife, Sally, as he thanked the Senate. SENATE POLICY WAIVED Senator Harris moved to waive the Senate policy limiting the number of visitors to five per introduction to allow Senator Zaffirini to introduce her delegation on the Senate floor tomorrow. The motion prevailed without objection. MOTION TO ADJOURN On motion of Senator Whitmire and by unanimous consent, the Senate at 11:14ia.m. agreed to adjourn upon completion of the Joint Session to inaugurate the Governor and Lieutenant Governor of the State of Texas until 1:00ip.m. tomorrow. RECESS On motion of Senator Whitmire, the Senate at 11:14 a.m. recessed until 12:00inoon today in order to proceed to the south steps of the Capitol for the Inauguration of the Governor and the Lieutenant Governor as provided by SCR 3. AFTER RECESS JOINT SESSION (To inaugurate the Governor and Lieutenant Governor) The Senate met at 12:00 noon in Joint Session with the House of Representatives in the space reserved for the Legislature adjacent to the platform erected at the south entrance of the Capitol for the Inauguration of the Governor and the Lieutenant Governor. With the Honor Guard standing at attention and the Ross Volunteers of Texas A&M University forming a sabre arch, Lieutenant Governor and Mrs. Bill Ratliff, Representative Beverly Woolley and Lynn Woolley, the Reverend and Mrs.iMansoniB. Johnson II, Bishop Emeritus Rene Gracida, Chief Justice and Mrs.iThomas R. Phillips, President Pro Tempore and Mrs. Eddie Lucio, Speaker of the House of Representatives and Mrs. Tom Craddick, Annetta Bevers, Don Nevins, Mr. and Mrs. Gene Dewhurst, Lieutenant Governor-elect , Griffin Perry, Sydney Perry, and Governor and Mrs. advanced to the platform. The Texas A&M University band played the national anthem during a flyover ofiF-16s from the 149th Fighter Wing, Texas Air National Guard. President Pro Tempore Lucio called the Senate to order and announced a quorum present. The Honorable Tom Craddick, Speaker of the House of Representatives, called the House to order, announced a quorum present, and stated the purpose of the Joint Session. Speaker Craddick then introduced the Most Reverend Rene Gracida, Bishop Emeritus of Corpus Christi, who offered the invocation. 40 78th Legislature — Regular Session 4th Day

Speaker Craddick introduced Shelby Salinas and Kelsey Reuter of Girl Scout Troop 566 of the Lone Star Girl Scout Council, who led the Pledge of Allegiance. Speaker Craddick announced that the Constitutional Oath of Office would be administered to Lieutenant Governor-elect David Dewhurst by the Chief Justice of the Supreme Court of Texas, Thomas R. Phillips. The Honorable David Dewhurst, accompanied by his party, took the Constitutional Oath of Office. Speaker Craddick introduced the Honorable Eddie Lucio, Jr., President Pro Tempore of the Senate, who presented Lieutenant Governor David Dewhurst to the Joint Session. Lieutenant Governor Dewhurst addressed the Joint Session as follows: Thank you, Senator Lucio, for that kind introduction. Governor Perry, Governor Ratliff, Speaker Craddick, Chief Justice Phillips, Congressmen, Senators, Representatives, Mayor Bermudez, elected officials, ladies and gentlemen, I m’ reminded that speaking at this same occasion some 12 years ago, the late Lieutenant Governor said, "No person could be more humble than I in standing before you today." That sums up the way I feel. I am humble and fortunate to be standing here. Times were tough growing up. Sure, I ve’ worked hard, real hard, all my life, but the reason I m’ here today is because Texas is the land of dreams, the land of opportunities. I often describe Texas as far more than the greatest state in the Union. It s’ a way of thinking, of seeing opportunity where others don t.’ I stand here today, a man of modest upbringing, blessed that so many of my dreams during my lifetime have been fulfilled and absolutely committed to doing everything I can to help millions of my fellow Texans fulfill their dreams. Let me pause and thank the person who taught my brothers and myself to dream big, to work hard, and to always do the right thing. My dear mom s’ health doesn t’ permit her to be here today, but she s’ watching live this very second in Houston. Mom, it s’ David, your oldest son. I m’ here with Gene and Linda, Don and Jeri, Annetta and Roy. We re’ on the front steps of the Capitol, where Grandad served in the Legislature. Mom, all your life you sacrificed for us. You taught us faith, integrity, and hard work. You always put us first. We can never thank you enough. Hopefully, our lives have been a small testament to you. Mom, I wouldn t’ be here today without you. My dad was a highly decorated B-26 bomber pilot during World War II. He flew 85 combat missions over Nazi Europe. To the best of my knowledge, he was the only pilot to ever fly Edward R. Murrow, the father of broadcast news, on a bombing raid. Mom, you prayed every day for Dad s’ safe return. And although your prayers were answered, after he came back from World War II he was killed by a drunk driver. I was two years old; my brother Gene was only one. You went to work to support us, Tuesday, January 21, 2003 SENATE JOURNAL 41

and you never let us feel sorry for ourselves or lose sight of the opportunities in front of us. To borrow from Winston Churchill, you taught us to never, never, never, never, never give up. In her own way, my mom captures the essence of Texas. Here in Texas, if you have a dream and you work hard enough you will achieve your dream. As our own President George W. Bush put it, "What Texans can dream, Texans can do." Ladies and gentlemen, it s’ our job to make sure that every Texan, regardless of race, creed, or culture, has the opportunity to realize their dream. We all know life s’ not easy, and we can t’ live life for anyone else. But we can help create equal opportunity for every Texan. And as Herman Cain, the CEO and co-owner of Godfather s’ Pizza, one of the largest African American owned businesses in America, reminded me several months ago, there s’ no shame in falling down; there s’ only shame in not picking yourself back up. Five years ago, as I was announcing my candidacy for Land Commissioner, I was talking about opportunity, about improving education here in Texas, when I saw a four-year-old girl with her mom. Not being a career politician, I remember picking her up, and as I picked her up thinking, "Please God, if you ve’ ever been good to me, don t’ let this young girl scream Mommy!’ "’ Thankfully, she didn t.’ I remember turning to her, and thinking I was so smart, I looked at those big brown eyes and said, "What do you want to be when you grow up?" She looked straight at me, and said, "Everything." That little girl s’ name is Katie Tyler. She s’ nine years old now, a fourth grader at Houston ’s Wilson Elementary. Andiyou know something? Katie was right. Folks, it s’ our responsibility to ensure that little Katie and every youngster across Texas can grow up to be everything, everything their hearts can dream. Now, that s’ a tall order, and I m’ glad I ve’ got a lot of great help. I m’ honored to be surrounded in the by 31 of the finest men and women I ve’ ever worked with. The Texas Senate is steeped in over 125 years of tradition, and I look forward to serving as President of this distinguished institution. I m’ also honored to be working with my friend, Governor Rick Perry, a man with a heart as big as Texas, who brings leadership, experience, and vision to the Governor s’ office. And I m’ also honored to be working with another able friend, Speaker Tom Craddick. As the longest-serving Member of the Legislature, Speaker, we have a lot to learn from you. Having spent a lot of time with both Governor Perry and Speaker Craddick, I can promise you we will move a pro-family, pro-growth agenda that will benefit all hard-working Texans. I know that every single Senator, Democrat and Republican alike, shares a determination with me to attack the challenges before us in a bipartisan manner and to put Texas first. As I said repeatedly during the campaign: Juntos podemos abrir las puertas de oportunidad para todos. Together we can open the doors of opportunity for all. Juntos podemos. Together we will turn the challenges before us into opportunities. We will balance our budget. We will stiff-arm 42 78th Legislature — Regular Session 4th Day

new taxes. We will maintain essential services. Hard-working Texas families deserve as much. Together we will continue real reform in public education. We will better support our good teachers, reduce paperwork and bureaucracy, increase mentoring. Our teachers are molding the Texas of tomorrow. Our good teachers deserve our help. Together we will be innovative in addressing school finance. The time for study is past. Robin Hood is broken. Together we will provide help so more students can go to college. Education is the key to Texas ’future. Together we will drive down homeowner s’ insurance costs and medical malpractice costs, because owning a home is part of the American dream, and all Texans deserve access to affordable health care. Juntos podemos. Together we will do all these things, but, more importantly, together we will make sure Texas is a state where every man, woman, and child has the opportunity to dream big dreams, to reach for the sky, and to be everything. Again, Texas is more than just the greatest state in the Union; it s’ a way of thinking. Texas is what it is because people like you and me believed and were willing to pay the price. So as we start our work, as we set the sail on the ship of state for the next several years, perhaps the next decade, let s’ commit to pay the price. Let s’ commit to only do what we believe is the right thing for all the people of Texas, and then let s’ do it well. We ve’ all come too far. We will be successful. Katie Tyler and all the little Katies throughout Texas deserve no less. Thank you. God bless you and may God keep and protect the great State of Texas. Speaker Craddick announced that the Constitutional Oath of Office would next be administered to Governor Rick Perry by Chief Justice Thomas R. Phillips of the Supreme Court of Texas. The Honorable Rick Perry, accompanied by his party, took the Constitutional Oath of Office. Following a 19-gun salute and a flyover of C-130 aircraft from the 136th Airlift Wing, Texas Air National Guard, Speaker Craddick presented His Excellency, the Honorable Rick Perry, Governor of the State of Texas, who addressed the Joint Session as follows: I am honored to be introduced by a devoted public servant of 34 years, and the new Speaker of the Texas House, Tom Craddick. Lieutenant Governor Dewhurst, I join all Texans in congratulating you as you take office. I look forward to working with these two strong leaders to do what s’ best for Texas. Chief Justice Phillips, Members of the Legislature, my fellow Texans, we gather today to pledge our faith to an idea that endures, but never grows old: the truth that governments exist to serve the governed, and the state to serve the sovereign will of the people. Observing this time-honored ceremony with us today are several special guests, including three friends who govern Mexican states that share a border with Texas: Governor Toma´s Yarrington from Tamaulipas, Governor Enrique Martı´nez from Coahuila and Governor Patricio Martı´nez from Chihuahua. Will you please help me welcome these good friends? Tuesday, January 21, 2003 SENATE JOURNAL 43

I am both honored and deeply humbled to take the oath of office as your Governor for the next four years. As I take this oath today, I am blessed to be joined by the people who gave me life and give my life meaning. Here today are two Texans who are the strongest example I know of love without bounds and, at times, patience beyond measure, my parents, Ray and Amelia Perry. By my side, as always, is someone who blesses me each day with her wit, her wisdom, and her loving spirit. She is a dedicated mother, a wonderful wife, and a devoted Texan who has given many years to the care of those in need as a nursing professional. She is the love of my life, the First Lady of Texas, Anita Perry. And with us today, the greatest blessing of our lives, our two children, Griffin and Sydney. In each person s’ life there are special people who shape us and send us forward. In the long story of our lives their moment may be brief but their impact lasting. One of those special individuals in my life is with us today. Please join me in welcoming one of my teachers from the Paint Creek Rural School, Ms. Olga Taylor. Ms. Taylor, thank you for taking one more field trip today. You taught me more than how to read and write, you taught me what it means to believe in the future and to believe in myself. I just wanted to take this opportunity, in front of all of Texas, to thank you for teaching me some of life s’ great lessons. Among the lessons life teaches us is this: to each generation comes not only great opportunities but also great challenges. And though we live in a world past generations could not conceive of, we, too, bear the timeless duties and responsibilities of a free people. This Texas we love–born in conflict, emboldened by the pioneer spirit, advanced on the back of ingenuity–must remain true to an enduring vow: that the promise of a better tomorrow is a promise intended for all. For centuries, a lone star has illuminated a path that has drawn people of all origins, cultures, and creeds to this special place. The glimmer of our cities, the warmth of our small towns, and the breadth of our open spaces have represented many things to many people: a refuge from a hard past, the promise of a new freedom, the possibility of a better future. Today we remain a people living under the light of that one star, venturing down a single path toward one future, one Texas. We are Texans, proud of it regardless of how we got here. Go to a federal courthouse on the day that new Americans take their oath of citizenship. At one point, the judge will ask the assembled crowd to state out loud the name of the country where they were born. Then you hear the answers: Canada, India, Mexico, El Salvador, Turkey, Nigeria, Thailand, and on and on. These are the people who came to America and joined those of us who were born here to make their home in Texas. They came to the right place. This is a state that brings people together. That s’ because we recognize common bonds. We all live under the same sky and share the same land. We all dream of a better future for ourselves and for our children. And we all, each and every one of us, are made in the image of 44 78th Legislature — Regular Session 4th Day

God. In Texas, it s’ not where you come from, it s’ where you re’ going. Our task is to do what Texans have always done: to dream boldly, to act boldly, to live boldly. Our high tech world of mp3 files and microchips, of digital downloads and DNA mapping can never make obsolete human connections, human compassion, and human character. Our children need what children have always needed: parents to give them the love they long for and the values they will live by, role models that inspire their imagination, and schools and communities that cultivate their potential. My fellow Texans, together we have built a modern, prosperous society that is the envy of many. But there is more to our lives. We have a purpose greater than prosperity. The cause of our time is to empower the Texans of our future. We cannot rest until the opportunities enjoyed by some are opportunities open to all. We must combat poverty with empowerment, apathy with determination, ignorance with education. This cause that compels us is larger than any one individual, interest, or institution. It must be the commitment of an entire people. From the crowded street corners of our urban centers to the open fields of our farming communities, we cannot accept a shortage of hope so long as we have a surplus of spirit. The Texas spirit knows no boundaries. I want to channel that spirit for a cause greater than self: a bold, new effort that calls upon tried and true values, the spirit of active volunteerism that can transform our communities, our families, and our citizens. Yesterday I announced the formation of a nonprofit volunteer organization, The OneStar Foundation. This new effort will match the Samaritan spirit with travelers on the road to Jericho. When a Texan spends time assisting a victim of violence, mentoring a child, or helping a welfare recipient gain independence, a life is often changed, but something else happens. The life of a volunteer is made richer through the very act of giving. It is a powerful truth upon which the spirit of volunteerism thrives. Our blessings are never made full until shared with others. This effort will not supersede existing charities but lead citizens to them. It will not replace the role of government but augment it. The lesson I ve’ learned is that a government that attempts to do all things for all people does few things well. The larger government grows, the smaller the circle of our freedoms. We limit government so that opportunity is unlimited. Where government should play a role, it must do so with clarity and purpose. When economies soften, the burden should not be on taxpayers to pay more but on government to spend less. Texas government should follow the example of millions of Texas families. When times are tight, Texas families do not spend more, so why should government? When the economy is uncertain, it is precisely the wrong time to raise taxes. Much has been made of our so-called "revenue shortfall," but that is a term that resonates only in Austin where even $100 billion budgets are called insufficient. I disagree. We have the revenue we need to meet the priorities of our people. It will not be easy, but it will be done. We all know Tuesday, January 21, 2003 SENATE JOURNAL 45

the special interests speak with a loud voice, but it is the quiet voice of the common interests that we must listen to. They are the men and women who run the dry cleaner up the street, who drive the trucks that put food on our tables, who care for the sick and infirm in our hospitals. The men and women who pay their bills and pay their taxes represent everything that is best about America, accepting responsibility for themselves and expecting it from their government. And those men and women are wise enough to know it is not the size of government that defines the compassion of our people but the priorities we set. Limited government, focused rather than unwieldy, clear in priorities rather than long on promises, that s’ the government Texans have voted for and expect from their leaders. My priorities are clear. We will pursue fiscal discipline to keep government spending in check. We will focus on creating jobs by keeping taxes low and building a 21st century transportation system. We will improve access to health care by allowing doctors to spend more time examining patients and less time being cross-examined in the courtroom. We will protect our natural resources because the work of God should be preserved for future generations to enjoy. We will increase economic security by reforming insurance laws and lowering rates. And we will continue to invest in the greatest economic development tool in the history of this state: the education of our children, all of our children. Those are my priorities and the priorities of the people of Texas. There are other challenges before us that did not arise yesterday and that will not be solved tomorrow. Both our tax system and our school finance system must be reformed. All the answers may not be found this session, but we will work until they are found, and these issues will be addressed under this administration. What we do together will help chart the course to the future. What do we know about that future? The heroes of current and past generations provide a road map, with lessons in selflessness and sacrifice. Certainly that is true of the members of the 95th Bomb Group with whom my father served. More than half a century ago, when the cause of freedom called, they answered. In the skies over war-torn Europe they faced down danger and death. They suffered the loss of friends and the loss of innocence. They confronted evil and defeated it. They put service above self and country above all. They are the heroes who stood in harm s’ way to protect the American way. And I would like to ask every veteran and every man and woman serving in our military today to please stand so we can recognize you. On behalf of all Texans, all Americans, thank you. Your actions echo words spoken centuries ago by the prophet Isaiah, when he said, "Here am I, send me." We have heard those words before. When a band of soldiers formed behind the walls of the Alamo and their fellow patriots charged to victory at San Jacinto, "Here am I, send me." On the cliffs of Normandy, on the rock of Corregidor, on the DMZ in Korea, in the jungles of Vietnam, over the sands of Kuwait, in the caves of Tora Bora, Texans have answered, "Here am I, send me." 46 78th Legislature — Regular Session 4th Day

We hear those words today as the sons and daughters of Texas defend our way of life against terrorists and tyrants who hate the very idea that built this great nation. And we hear it each day in the commitment of doctors, teachers and volunteers, ministers of every faith, peace officers who patrol our streets, all who live those words of service, "Here am I, send me." Their actions are a challenge to all of us, to the present generation of Texans who will write the next chapter of an unfolding story. The earliest chapters inspire us. On s’ command, a Republic would be won. With Lincoln s’ proclamation, a people would be declared free. On the shoulders of the courageous and the faithful, a vast land would be tamed. Its people would explore space, and thousands of dreamers would discover a home worthy of their unlimited vision: this one Texas. Will you help write the next chapter of a Texas rich in compassion, long in devotion, abundant in spirit? Will you volunteer your time to mend broken lives and build vibrant communities? Will you teach our children not only the lessons on a printed page but the values that will keep them to the right path? Will you stand with me and say, "Here am I, send me?" God bless you and God bless Texas. Speaker Craddick presented the Reverend Manson B. Johnson II of Holman Street Baptist Church in Houston who delivered the benediction. Fred McClure sang "God Bless America," accompanied by the Texas A&M University band. Speaker Craddick introduced Larry Gatlin, who sang "Texas Our Texas." Speaker Craddick then invited all guests, on behalf of Governor Perry and Lieutenant Governor Dewhurst, to enjoy the festivities and to attend the Inaugural Parade at 2:30 p.m. this afternoon. CONCLUSION OF JOINT SESSION President Pro Tempore Lucio at 1:00 p.m. stated that the purpose for which the Joint Session was held having been completed, the Senate, pursuant to a previously adopted motion, would stand adjourned until 1:00 p.m. tomorrow. Speaker Craddick stated that the purpose for which the Joint Session was held having been completed, the House, pursuant to a previously adopted motion, would stand adjourned until 10:00 a.m. tomorrow. RESOLUTIONS OF RECOGNITION The following resolutions were adopted by the Senate: Congratulatory Resolutions SR 17 by Jackson and Janek, Congratulating Kris Anne Vogelpohl on being named Person of Vision for 2003 by Prevent Blindness America. SR 18 by Janek, Recognizing The Petra Christian Center in Stafford on its first anniversary. SR 19 by Janek, Commending District Judge J. Ray Gayle III on his retirement. Tuesday, January 21, 2003 SENATE JOURNAL 47

SR 21 by Averitt, Congratulating Lexie and Kenneth Van Tassel on their 50th wedding anniversary. SR 24 by Zaffirini, Congratulating Frank "Butch" Tudyk of Poteet on his retirement. SR 26 by Madla, Commending Bandera High School in Bandera on its selection for the Texas Pathfinder Collaborative program. SR 27 by Madla, Commending Sudderth Elementary School in Monahans on its selection for the Texas Pathfinder Collaborative program. SR 28 by Madla, Commending San Felipe Middle School in Del Rio on its selection for the Texas Pathfinder Collaborative program. SR 29 by Jackson, Congratulating Chief of Police Jerry Dale Purdon of Texas City on his retirement. Official Designation Resolutions SR 20 by Wentworth, Declaring the week of February 2 through 8, 2003, Texas Newborn Babies Week. SR 25 by Madla, Recognizing January 22, 2003, as Saint Mary s’ University Day at the State Capitol. ADJOURNMENT Pursuant to a previously adopted motion, the Senate at 1:00ip.m. adjourned until 1:00ip.m. tomorow.

AAAPPENDIXAA

SIGNED BY GOVERNOR January 17, 2003 SCR 3