THIRTY-FIFTH DAY

TUESDAY, MARCH 18, 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, Ratliff, Shapiro, Shapleigh, Staples, VanideiPutte, Wentworth, West, Whitmire, Williams, Zaffirini. The President announced that a quorum of the Senate was present. The Reverend Dr. Jerry Pennington, First United Methodist Church, Pearland, offered the invocation as follows: Most gracious God, we are thankful for the opportunities and blessings we enjoy in this great state and nation. Yet, along with these come difficult issues that we must struggle with in hopes of coming closer to balance, fairness, and justice. We struggle with issues where the lines are blurred and the solutions are not simple. In all the deliberations that take place among us, may we discover that quiet and peaceful place within, where we can hear Your voice above the others–even our own. Blanket us with Your wisdom and love of all people, as we blanket President Bush, national leaders, and military forces with our love and prayers. Amen. Senator Whitmire moved that the reading of the Journal of the proceedings of yesterday be dispensed with and the Journal be approved as printed. The motion prevailed without objection. CO-AUTHOR OF SENATE BILL 57 On motion of Senator Zaffirini, Senator Hinojosa will be shown as Co-author of SBi57. CO-AUTHOR OF SENATE BILL 143 On motion of Senator Ellis, Senator Williams will be shown as Co-author of SBi143. 546 78th Legislature — Regular Session 35th Day

CO-AUTHORS OF SENATE BILL 418 On motion of Senator Nelson, Senators Carona, Gallegos, Lindsay, and West will be shown as Co-authors of SBi418. CO-AUTHOR OF SENATE BILL 501 On motion of Senator Armbrister, Senator Williams will be shown as Co-author of SBi501. CO-AUTHOR OF SENATE RESOLUTION 48 On motion of Senator Gallegos, Senator Ellis will be shown as Co-author of SRi48. PHYSICIAN OF THE DAY Senator Janek was recognized and presented Dr. Jimmy Clay Burns of West Columbia as the Physician of the Day. The Senate welcomed Dr. Burns and thanked him for his participation in the Physician of the Day program sponsored by the Texas Academy of Family Physicians. GUESTS PRESENTED Senator Wentworth was recognized and introduced to the Senate a group of students representing Youth Leadership New Braunfels. The Senate welcomed its guests. GUESTS PRESENTED Senator Janek was recognized and introduced to the Senate former Secretary of State George Strake and his wife. The Senate welcomed its guests. GUEST PRESENTED Senator Bivins was recognized and introduced to the Senate Mrs. Shannon Janek, wife of Senator Janek. The Senate welcomed its guest. GUEST PRESENTED The President introduced to the Senate Mrs. Sally Ratliff, wife of Senator Ratliff. The Senate welcomed its guest. SENATE RESOLUTION 348 Senator West offered the following resolution: WHEREAS, The Senate of the State of Texas is pleased to recognize the members of the Dr. Emmett J. Conrad Student Advisory Committee on the occasion of their visit to the State Capitol on Tuesday, March 18, 2003; and Tuesday, March 18, 2003 SENATE JOURNAL 547

WHEREAS, Sponsored by Senator Royce West, the Student Advisory Committee includes young people from the Dallas, Duncanville, Lancaster, DeSoto, and Wilmer-Hutchins school districts; the committee is comprised of junior high school and high school students who are leaders of student council and student class governments; and WHEREAS, The Student Advisory Committee was established in the spring of 1996 for the purpose of helping students to build leadership skills and to meet with leaders across the state; it was also established with the goal of helping students discover how they can participate in community volunteerism and the means through which they can voice their perspective on legislative issues; and WHEREAS, Over the last five years, the Student Advisory Committee has accomplished a great deal in the Dallas community; the students have visited nursing homes throughout the district and have worked hard on behalf of the Children s’ Hope Foundation, collecting more than 500 clothing items for homeless children; and WHEREAS, They have participated in toy, blanket, and voter registration drives and have provided testimony at the Senate Interim Committee on Juvenile Justice and Gangs hearings in Dallas; and WHEREAS, The students have toured the Dallas Life Foundation, a homeless shelter, and the Family Gateway, a shelter that provides emergency and transitional housing for homeless families; they have volunteered at the Bluitt-Flowers Halloween Carnival, have held annual receptions for elected officials, and have donated more than 200 blankets and pillows to Promise House; and WHEREAS, In response to the tragedy at the World Trade Center on Septemberi11,i2001, the committee members donated more than 200 new blankets to the New York City Department of Homeless Services on behalf of the people of Texas; and WHEREAS, The Student Advisory Committee is a valuable asset to District 23, and the work of its members is encouraging and fostering volunteerism in the community and setting exemplary standards for people of all ages to follow; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 78th Legislature, hereby commend the members of the Dr. Emmett J. Conrad Student Advisory Committee on their dedication and their many accomplishments and extend to them best wishes for the future; and, be it further RESOLVED, That a copy of this Resolution be prepared for the committee as an expression of esteem from the Texas Senate. The resolution was read and was adopted without objection. GUESTS PRESENTED Senator West was recognized and introduced to the Senate a delegation of students representing the Dr.iEmmettiJ. Conrad Student Advisory Committee. The Senate welcomed its guests. REPORT OF COMMITTEE ON NOMINATIONS Senator Lindsay submitted the following report from the Committee on Nominations: 548 78th Legislature — Regular Session 35th Day

We, your Committee on Nominations, to which were referred the following appointments, have had same under consideration and report them back to the Senate with a recommendation that they be confirmed: Adjutant General:iiWayne D. Marty, Travis County. Member, Texas Department of Housing and Community Affairs Board:iiC. Kent Conine, Collin County. Member, Telecommunications Infrastructure Fund Board:iiBill O. Simmons, Llano County. Members, Commission on Jail Standards:iiWilliam C. Morrow, Midland County; Charles J. Sebesta, Jr., Burleson County. Presiding Officer, Commission on Law Enforcement Officer Standards and Education:iiDaniel J. Smith, Bell County. Members, Commission on Law Enforcement Officer Standards and Education:iiSteven M. Byrd, Denton County; Cathy J. Ellison, Travis County; Joe A. Stivers, Walker County; Gary M. Swindle, Henderson County. Presiding Officer, Texas Juvenile Probation Commission:iiRobert P. "Bob" Brotherton, Wichita County. Members, Texas Juvenile Probation Commission: Keith H. Kuttler, Brazos County; Barbara J. Punch, Harris County. Chair, Texas Water Development Board:iiE. G. Rod Pittman, Angelina County. Members, Texas Water Development Board:iiDario Vidal Guerra, Jr., Hidalgo County; Thomas Weir Labatt III, Bexar County. Members, Telecommunications Planning and Oversight Council:iiJennifer Anderson, Dallas County; Tina L. Brown, Nueces County; Robert "Bob" Frost, Tarrant County; Johanne M. Ibsen-Wolford, Travis County. Members, Texas Board of Professional Geoscientists:iiKelly Krenz Doe, Galveston County; Rene D. Pena, El Paso County; Gordon D. Ware, Nueces County. Members, Texas Incentive and Productivity Commission:iiJanice E. Collins, Bexar County; John Mitchell Moore, Erath County. Member, Board for Lease of Texas Department of Criminal Justice Lands:iiSpencer Hayes, Travis County. Members, Texas Municipal Retirement System Board of Trustees:iiConnie J. Green, Bell County; Carolyn M. Line´r, Hays County; Ricardo "Rick" Menchaca, Midland County. Members, Texas Health Care Information Council:iiKathleen Angel, Travis County; Steven Michael Berkowitz, M.D., Travis County; Billy G. Davis, Harris County; Gene G. Freeland, Sr., Dallas County; Jean L. Freeman, Ph.D., Galveston County; Peter Okose, M.D., Galveston County; Imogen Sherman Papadopoulos, Harris County. Tuesday, March 18, 2003 SENATE JOURNAL 549

Members, Texas Board of Occupational Therapy Examiners:iiGrace L. Butler, Ph.D., Brazoria County; David Gregorio Cabrales, Dallas County; Joseph A. Messmer, Nueces County; Clarissa A. Meyers, Hidalgo County. Members, Texas Council on Offenders with Mental Impairments:iiJudy J. Briscoe, Travis County; Robert Clayton Strayhan, M.D., Bexar County. NOTICE OF CONSIDERATION OF NOMINATIONS Senator Lindsay gave notice that he would tomorrow at the conclusion of morning call submit to the Senate for consideration nominations to agencies, boards, and commissions of the state. MESSAGE FROM THE HOUSE HOUSE CHAMBER Austin, Texas March 18, 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 151, Relating to offenses involving dogs that are a danger to livestock and other animals. HB 294, Relating to recognizing March as Texas History Month. HB 479, Relating to registration with the Selective Service System of certain applicants for a driver s’ license or personal identification certificate. HB 889, Relating to the enforcement of an agreement concerning child support. HCR 105, Honoring Jack W. Coe of Alvin on his retirement from Rohm and Haas Texas Incorporated. Respectfully, /s/Robert Haney, Chief Clerk House of Representatives REMARKS ORDERED PRINTED On motion of Senator Whitmire and by unanimous consent, the following remarks regarding the death of Representative Irma Rangel were ordered reduced to writing and printed in the Senate Journal: Senator Lucio:iiThank you Mr. President. Members and citizens in the gallery, as many of you have heard by now, we lost a true Texas hero last night with the passing of our dear friend, State Representative Irma Rangel from Kingsville, Texas. I was priviliged to serve with Irma in the Texas House in the 1980s, as some of you were. 550 78th Legislature — Regular Session 35th Day

She was a member in my senatorial district as well. In the coming days, there will be a lot of tributes to her many contributions to our great state, the people that we serve. But I wanted us at the Texas Senate today to have a moment of silence that I ll’ call a little later to honor this great Texan. She touched so many lives in so many ways. I have seen so many tears as I walk down the halls of this great building today, and I came in early, woke up pretty early this morning. But Irma, I know you re’ listening, we will never forget you, and we will be watching the children of Texas reaping the benefits of your love for them for generations to come. I would like to yield to my good friends, Chairman Bivins and then Senator Barrientos and to others that would like to speak at this time. Senator Bivins:iiThank you Members. I, too, would like to rise and make a few comments about my former colleague, Chairman Rangel. As Chair of the Higher Education Committee in the House of Representatives, we spent a lot of time together in previous sessions. Nobody can ever forget her style or her voice. I mean, that voice was one of the most unique features of any human being I ve’ ever met. I don t’ think I could do it justice by trying to imitate it, so I won t’ today. But I will say that she was an amazing advocate and she always, always, always said, "Senator, do this for the students." She would always keep her focus where it needed to be, on the students, with regard to higher education. And, frankly, when I assumed the chairmanship of the Education Committee, that became one of my priorities, too. I developed that independent of any conversations with her, but the fact that we shared that, I think, created a common bond between the two of us that was very, very special. She was a tireless advocate for higher education. As the first Hispanic woman elected to the Texas Legislature, she was also a real pioneer in Texas. She is a great, great asset that we had in this Legislature, and I just wanted to add my voice of condolences to the family and join with Senator Lucio in recognizing the loss of a distinguished and great colleague. Thank you Mr. President. Senator Barrientos:iiMr. President. Members, my fellow Texans, you have heard that our colleague from the House, Irma Rangel, passed away last night. She was first elected to the Texas House of Representatives in 1977, Members, and she continuously represented Kingsville until now. During that period, Irma Rangel accomplished a distinguished record that showed courage, compassion, and dedication. I served with Irma Rangel in the Texas House. She came there two years after I was elected. We were friends. You see, Members, we held the same political philosophy. She never wavered in her beliefs in helping people and exercising her leadership, especially in the area of education. Through the 70s’ and onward through the 80s,’ we fought together for issues that helped the people of Texas. All the people of Texas. You see, Members, Irma Rangel held the distinction of many firsts, as Senator Bivins has stated. She was the first Mexican American woman in the history of the State of Texas to be elected to the Texas House of Representatives. She was the first Mexican American to serve as Chair of the House Committee of Higher Education. She was the first woman to lead the Kleberg County Democratic Party. She was the first in a lot of things. And to be the first Mexican American woman to serve in the Texas House she had to have a good education, which she got up East somewhere; you could tell by the accent that she had. She was articulate, she was smart, and she was tough. She had to be, Members. When you re’ a woman in the Tuesday, March 18, 2003 SENATE JOURNAL 551

Texas Legislature, and you re’ a minority, you almost have to be twice as good as anybody else. When the misguided Hopwood decision came down, we called together different people from throughout Texas and we came up with the 10 percent plan, which helped a little bit to level the playing field for African Americans, Mexican Americans, and other individuals who had not had a level playing field in Texas. We shall all miss Irma Rangel, and we shall not see her likes for a long time to come. I remember the last time I felt this way–my colleague, Senator Luna, passed away, and I quoted Shakespeare s’ Romeo and Juliet, and I will change the "he" to "she" in Irma Rangel s’ memory:ii"When she shall die, take her and cut her out in little stars, and she will make the face of heaven so fine that all the world will be in love with night, and pay no worship to the garish sun." Goodbye, Irma. Senator Shapiro:iiThank you Mr. President. I certainly didn t’ know Representative Rangel as well as many of you in this body, but I must tell you that my experiences with her were nothing but marvelous. When I think of a word, and last night I was told that she was on her deathbed, and I thought about her a lot last night, and when I think about who she was I think of the word tenacity. Not only, Senator Bivins, as she worked on higher education for all the people of Texas, but her tenacity as she fought this horrible, dreadful disease. She has been sick for a very long time, but each and every time that I saw Irma, she was smiling, she was happy, she was cheerful, and her spirit from inside of her soul, her spirit said, "It s’ gonna be another great day; we re’ gonna have another great day." And to me, that word tenacity is what I will remember most about Irma, and I couldn t’ let this moment go by without saying how much she will be missed, by not only the people in her district, but the people across this state who know what fine and wonderful work she did for everyone across the State of Texas. Thank you. Senator VanideiPutte:iiThank you Mr. President and Members. Today, a hero has fallen but an angel has risen. I really cannnot imagine a Texas Legislature without Irma Rangel. You see, for many of us, she was the den mother in the House, and for those Senators who didn t’ get the opportunity to serve with her, you really missed something. She had that special way of giving you consejos and regan˜adas, and what that means is, she gave you advice and she got after you at the same time. She always started out by saying mijita, and she always called people mijita or mijito, which was a little endearment of "my son" or "my daughter." Because she never married, she always thought all of us who came later in the House were her own children, and she thought it was her duty to make sure that we behaved well. And she would correct us by saying, "Baby, you know I love you, but . . .." And many a time I heard her with that voice, Senator Bivins, only what she said to you was, "Teel, baby," and then she d’ make her point. For young Hispanic women, for Latinas, she always was that trailblazer and a role model. I remember my grandmother talking about her because everyone knew about La Irma Rangel. She created a tremendous sense of pride and she was a pioneer, because she dared to go places that Hispanic women were told they couldn t’ go. She practiced law and was an attorney at a time when there weren t’ many Latinas in law school or practicing law. And I remember her being a champion of the poor and of students, of people who she felt had no voice, and she was unwavering in her commitment to them. Last session, you probably remember seeing her strolling, very proudly, and strutting with that hat. And she had an array of hats 552 78th Legislature — Regular Session 35th Day that a lot of people, including myself, had given her to hide the baldness, the effect of the chemo and the radiation, and she wore them proudly. And even this session, you would not know how much pain, physical pain, she was in, because she was about smiling and getting the work done. She has created a path through her leadership that all can follow, whether you re’ a Hispanic woman or not, because even when she disagreed with you vehemently, it was done so with love and with respect. And in this age of time, not only this body and our legislature, but couldn t’ our country and the world learn from the way that Irma would disagree. Her cancer was just another challenge for her to overcome. And as I held her hand last night, I know she was ready. She was falling in and out of consciousness, and she was surrounded by the people that she loved, and she recognized us, and she squeezed my hand as I told her, in Spanish, that I didn t’ know that there was anybody that could take her place, but there would be many, many people to follow that would attempt. Last night, most of the women in the House, or at that hospital–and not only the women of the House, Members, if you could have seen, there were staffers, there were lobbyists, all people who credited Irma with adding inspiration to their lives and purpose. They were overwhelmingly Hispanic and overwhelmingly women, and I was so moved by seeing this powerful display of women who were praying, all asking God to be merciful. Her legacy is great, and her two proudest moments were working with you, Gonzalo Barrientos, in changing in the awful effects of Hopwood. If not for Irma and the sense of this body, there are thousands of children who would not have had that opportunity. Her other greatest legacy was probably to her family and to the people in her community with the establishment of the A&M college of pharmacy in Kingsville. And we still have work to be done on that. That will be the first professional school in South Texas. And as a legacy to her own family, her father, her sister–you see, I met Irma not as a legislator but as a pharmacist. Her sister, Minnie Henderson, was my pharmacy mentor in the 80s,’ when I bought my own pharmacy. And it was through Minnie and her daughter, Debbie, who is a pharmacist also, that I met Irma in the early 80s,’ the great Irma Rangel. When I got to the House, I just changed mentors from one sister to the next. Irma is a living legacy, and she left us surrounded by thousands of pieces of legislation over her career that she changed or helped craft. She changed our lives, Members, and she changed the course of the lives of many Texans who won t’ even ever know her name. But I m’ proud to have been her friend and one of the ladies that she called mijita. So today, a hero has fallen and an angel has risen. Buenas noches, Irma. Senator Gallegos:iiThank you Mr. President and Members. I just want to echo what all my colleagues have said. I do want to put a personal note on Irma. When I go visit the House floor, there s’ only one desk that I go to, and that s’ Paul Moreno s’ and Irma Rangel s.’ And when I first got elected to the House both of them told me, come here, sit down, and these are the rules for mejicanos and mejicanas on the House floor. And, basically, like I said, she would call me mijito, she d’ called the Anglo ladies "darlings," and that was about her. When the seat came open, when Representative Torres decided to resign his seat, both Paul and Irma asked me to have my mother run for that seat. And they said that they were going to ask, at that time, the Speaker, they said, we ll’ put your mother over here, we ll’ put Paul in the middle, and I ll’ be over here. We ll’ take care of Paul and then we ll’ take care of you. And there s’ no doubt in Tuesday, March 18, 2003 SENATE JOURNAL 553 my mind that my mother would have won the seat, she just didn t’ want to come up here. She said you don t’ need two mothers, you already have one here and one back home. I just went over to the House floor and gave my condolences to her deskmate, her roommate, her soulmate for 30 years, Paul Moreno. I ve’ never seen him that quiet, Gonzo. There is a loss today, but she will not be forgotten. Thank you. Senator Ogden:iiI, too, had the pleasure of serving with Irma in the Texas House. I was trying to remember if it was 1993 or 1995 that I was her Vice-chair on the Higher Education Committee and she was the Chairman. And, Senator Whitmire, from all outward appearances, that was one of the oddest couples you d’ ever see, me and Irma Rangel, Chairman and Vice-chairman of the Higher Ed Committee. I think what was remarkable about Irma were many things, but one in specific was how she could unite people and how she could take people who come from a completely different perspective and get them to the same point, and Hopwood is an example. I, personally, did not think Hopwood was incorrectly decided, but embracing Irma s’ efforts to make sure that opportunity is available to all Texans, I jumped for joy when she thought of a method that might work and was proud to support a bill that s’ not only had a profound effect in Texas, but it s’ had a profound effect nationally on how we guarantee opportunity for all people in education. Irma could unite people, and Irma could convince people of the rightness of her position because of her intelligence, because of her wit, because of her sincerity. Irma taught me a lot. I loved Irma Rangel, and she taught me a lot while she was doing a lot for the State of Texas, and I ll’ miss her. Senator Lucio:iiThank you Mr. President. Members, in closing I just wanted to say that I did speak to Irma two days ago, and her voice was weakening, but she was still fighting, fighting hard for her district. It s’ ironic that we have an outstanding group here today in the gallery with yellow tags, retired teachers, because there was a true partnership between Irma, the teachers of this state, and, of course, our children, in education. And I ll’ remember her for that, and I think all of us will remember her forever because of her fighting spirit for the children of our great state. MOMENT OF SILENCE OBSERVED At the request of Senator Lucio, the Senate observed a moment of silence in honor of Representative Irma Rangel of Kingsville. SENATE RESOLUTION 48 Senator Gallegos offered the following resolution: WHEREAS, The Senate of the State of Texas is pleased to recognize Teach For America corps members serving in the independent school districts of Houston and the Rio Grande Valley; and WHEREAS, Teach For America was founded by Wendy Kopp, who envisioned the program in her 1989 senior thesis at Princeton University; her innovative idea has grown into a nationwide program supported by President George W. Bush and President Bill Clinton, by community and educational leaders, and by corporations and foundations; and 554 78th Legislature — Regular Session 35th Day

WHEREAS, Teach For America places recent college graduates in two-year assignments as teachers in underresourced urban and rural schools in 18 areas around the country; and WHEREAS, Currently over 315 recent graduates serve in Teach For America in Houston and the Rio Grande Valley, directly affecting the lives of more than 27,000 students from kindergarten to 12th grade; since 1991, more than 1,150 Teach For America corps members have contributed to the education of approximately 98,000 young Texans in our state s’ public schools; and WHEREAS, Teach For America has been praised for providing excellent teachers, and corps members have been cited for closing the achievement gap between their students and students in more privileged areas; in addition, over 95 percent of school principals surveyed in the State of Texas have recently rated the corps members ’overall impact on their schools as positive; and WHEREAS, The welfare of the State of Texas depends greatly on developing a well-educated citizenry, and Teach For America corps members have made an extraordinarily important contribution to this goal through their exemplary work in our state; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 78th Legislature, hereby commend the Teach For America corps members serving in Houston and the Rio Grande Valley for their selfless dedication to educating Texas ’greatest resource, its children; and, be it further RESOLVED, That a copy of this Resolution be prepared as an expression of esteem from the Texas Senate. The resolution was read and was adopted without objection. GUESTS PRESENTED Senator Gallegos was recognized and introduced to the Senate Wendy Kopp, founder and President of Teach For America, and Jonas Chartock and Elisa Villanueva, executive directors of Teach For America. The Senate welcomed its guests. SENATE RESOLUTION 276 Senator Staples offered the following resolution: WHEREAS, On March 18, 2003, the Texas Forestry Association is sponsoring a hardwood seedling giveaway near the south steps of the State Capitol in order to promote public awareness of forestry and the importance of the state s’ timber resources; and WHEREAS, Every year, to meet their goal of maintaining sustainable forests for future Texans, the forest industry and nonindustrial, private landowners replenish the state s’ forest lands by planting more than 100 million seedlings; and WHEREAS, Forests cover more than 12 million acres of Texas land and provide more than 91,000 jobs, a payroll of more than $2.3 billion, and a total economic impact of more than $22 ibillion, making timber the third most valuable agricultural crop statewide; in East Texas, where 43 counties compose the forest heartland of the state, timber is the number-one-ranking agricultural commodity; and Tuesday, March 18, 2003 SENATE JOURNAL 555

WHEREAS, The Texas Forestry Association strives to ensure that abundant forests will continue to be a dependable resource for the citizens of Texas, and its work has contributed immeasurably to the economic vitality of the Lone Star State; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 78thiLegislature, hereby recognize the Texas Forestry Association on the occasion of its March 18, 2003, seedling giveaway at the State Capitol and commend the members of the association for their excellent stewardship of one of the state s’ greatest natural resources; and, be it further RESOLVED, That an official copy of this Resolution be prepared for the Texas Forestry Association as an expression of high regard from the Texas Senate. The resolution was again read. The resolution was previously adopted on Monday, March 3, 2003. GUESTS PRESENTED Senator Staples was recognized and introduced to the Senate James Houser, President of the Texas Forestry Association, and his wife, Vicki. The Senate welcomed its guests. SENATE RESOLUTION 358 Senator Armbrister offered the following resolution: WHEREAS, The Senate of the State of Texas takes great pleasure in recognizing March 18, 2003, as the Texas Retired Teachers Association Celebration of Volunteerism Day; and WHEREAS, Founded in 1953, the Texas Retired Teachers Association is a nonprofit organization of more than 55,000 retired public school and higher education personnel; members of this estimable group contributed over 3.8 million hours of volunteer work in 2002 to their communities, hours which if translated into professional wages would equal $63.2 million; and WHEREAS, The Texas Retired Teachers Association strives to promote the professional, economic, intellectual, and social well-being of retired school personnel and encourages its members to give voluntarily of their time, talents, training, and experience to a host of civic endeavors across the state and nation; schools, hospitals, churches, and numerous other community entities have benefited immeasurably from the contributions of these dedicated volunteers; and WHEREAS, The association also promotes the Children s’ Book Project, which was established in 1998; in 2002, association members donated and placed over 33,781 books in the hands of individual Texas children; these books were given to children who otherwise might never have had a book to call their very own; and WHEREAS, Boasting 257 units statewide, the Texas Retired Teachers Association has shown an impressive commitment to supporting and encouraging the thousands of retired public school and higher education personnel in the Lone Star State, and it is indeed a privilege to commend this organization and its civic-minded volunteers for their outstanding work; now, therefore, be it 556 78th Legislature — Regular Session 35th Day

RESOLVED, That the Senate of the State of Texas, 78th Legislature, hereby declare March 18, 2003, Texas Retired Teachers Association Celebration of Volunteerism Day at the State Capitol and extend to all those associated with this fine organization sincere best wishes for continued success; and, be it further RESOLVED, That a copy of this Resolution be prepared for the Texas Retired Teachers Association as an expression of high regard from the Texas Senate. The resolution was read and was adopted without objection. GUESTS PRESENTED Senator Armbrister was recognized and introduced to the Senate officers and members of the Texas Retired Teachers Association. The Senate welcomed its guests. GUEST PRESENTED Senator Bivins was recognized and introduced to the Senate his wife, Patricia. The Senate welcomed Mrs. Bivins. SENATE RESOLUTION 312 Senator Averitt offered the following resolution: WHEREAS, The Senate of the State of Texas takes pleasure in recognizing Ken and Lu Kepple for providing outstanding service to the citizens of Joshua; and WHEREAS, Ken and Lu are closing their Western Auto Store of Joshua and retiring after 33 years of selling hardware and providing auto repair service; and WHEREAS, Well liked in the community, Ken and Lu are respected for their accomplishments and for the first-rate service their store has provided area citizens; and WHEREAS, Ken and Lu have been married for 42 years; they are the proud parents of two children and four grandchildren and are looking forward to spending more time with their family; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 78th Legislature, hereby congratulate Ken and Lu Kepple for providing exceptional service for 33 years to the citizens of Joshua and extend best wishes to them for the retirement years ahead; and, be it further RESOLVED, That a copy of this Resolution be prepared for them as an expression of esteem from the Texas Senate. The resolution was read and was adopted without objection. GUESTS PRESENTED Senator Averitt was recognized and introduced to the Senate Kenneth Kepple; his wife, Lu; and his sons, Kyle and Ray. The Senate welcomed its guests. Tuesday, March 18, 2003 SENATE JOURNAL 557

SENATE RESOLUTION 366 Senator Ogden offered the following resolution: WHEREAS, The Senate of the State of Texas is pleased to recognize Clara Stearns Scarbrough for her many contributions to the people of Williamson County and the State of Texas; and WHEREAS, Clara Stearns was born in Circleville and lived near the San Gabriel River until her family moved to nearby Taylor when she was 15; she graduated summa cum laude with a bachelor s’ degree and earned a master s’ degree in music from The University of Texas at Austin; and WHEREAS, She taught at The University of Texas music school and headed music programs in Conroe and Georgetown; after she married Don Scarbrough, she started managing newspapers; and WHEREAS, While her husband was serving in World War II, she managed the Taylor Times, which she and Don had founded in 1939; ten years later, they sold that newspaper and purchased the Williamson County Sun in Georgetown, where the couple raised their two daughters, Linda and Donna; and WHEREAS, Clara managed the newspaper s’ business and circulation and wrote award-winning articles; she and Don eventually acquired half a dozen newspapers in Central Texas; in addition to managing their newspaper businesses, the couple championed the historic preservation and beautification of Georgetown; and WHEREAS, History is Clara s’ great love, and after observing the radical changes in Williamson County as a result of the construction of Interstate 35 and two large dams on the San Gabriel River, she decided to document the county she had known, an ethnically diverse place where King Cotton, cattle barons, young universities, and political kingpins intersected; and WHEREAS, The book she spent seven years writing, Land of Good Water: A Williamson County, Texas, History, won the state s’ highest award for regional history after it was published in 1973; and WHEREAS, The book sparked broad interest in local history and architectural landmarks in Georgetown and laid the foundation for restoration of its historic courthouse square; it raised the level of local history telling in Texas and provided a model for scores of historians; and WHEREAS, Clara Scarbrough is now 88 years old and maintains an active lifestyle; she hosts regular meetings of the Williamson County Historical Commission, which she helped to establish three decades ago; and WHEREAS, She practices the piano daily and reads histories and biographies; she enjoys her two grandchildren, Grace Josey and Kate Thurmond, and she is an active member of the First United Methodist Church; and WHEREAS, An exemplary Texas citizen, Clara Scarbrough is highly respected for her historical expertise and her talent as a writer, and she deserves recognition for her many accomplishments and her invaluable contributions to Williamson County; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 78th Legislature, hereby commend Clara Stearns Scarbrough for her exceptional achievements and the positive influence she has had on the lives of others and extend best wishes to her for the future; and, be it further RESOLVED, That a copy of this Resolution be prepared for her as an expression of esteem from the Texas Senate. The resolution was read and was adopted without objection. 558 78th Legislature — Regular Session 35th Day

GUESTS PRESENTED Senator Ogden was recognized and introduced to the Senate Clara Stearns Scarbrough, accompanied by her family. The Senate welcomed Ms. Scarbrough. SENATE RESOLUTION 359 Senator Jackson offered the following resolution:

WHEREAS, The Senate of the State of Texas is pleased to join the residents of Brazoria County in declaring Tuesday, March 18, 2003, Brazoria County Day; and WHEREAS, Brazoria County s’ roots can be traced to 1821 when that area of the Brazos River Valley was settled by Stephen F. Austin s’ colonists; and WHEREAS, Rich in history, Brazoria County was created in 1836, and the area was the site of numerous events preceding and following the Texas Revolution; it was in Brazoria County that Santa Anna signed the Treaties of Velasco, effectively granting Texas its independence and leading to the consolidation of the continental empire of the United States; the first permanent capital of the Republic of Texas was established at Columbia in October of 1836; and WHEREAS, Oil production began in Brazoria County in 1902, and Stratton Ridge Dome caused the county to rank first in the United States in the production of sulphur; the county became an extensive petroleum producer and a leader in the chemical industry, and today, the county is home to the largest chemical complex in the world; and WHEREAS, The county is blessed with a wealth of natural resources, a deepwater seaport, and a bountiful harvest of crops and fish; it is comprised of coastal soils, rivers and inland marshes, and 20 miles of natural beach; throughout the county, there are giant groves of oak, elm, cottonwood, and pecan trees; and WHEREAS, Brazoria County is host to the annual Brazoria County Fair, the largest county fair in the state; it is the location of Sea Center Texas and the Brazoria County Historical Museum, which contains the national award-winning Austin Colony exhibit; and WHEREAS, Brazoria County Day brings together old friends and families who gather in celebration of Brazoria County s’ past and its many assets, which are enjoyed today by residents and vacationers of all ages; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 78th Legislature, hereby express appreciation to the people of Brazoria County for their preservation of the county s’ natural amenities and for their many contributions to our state and extend best wishes to them for a joyous Brazoria County Day; and, be it further RESOLVED, That a copy of this Resolution be prepared for the residents of Brazoria County as a memento of this occasion. JACKSON JANEK The resolution was read and was adopted without objection. Tuesday, March 18, 2003 SENATE JOURNAL 559

GUESTS PRESENTED Senator Jackson, joined by Senator Janek, was recognized and introduced to the Senate Ken Corley, Mayor of Brazoria; Ron Brazil of the First State Bank of Clute; Phyllis Saathoff, General Manager, Port Freeport; Mike Merkel, Alvin Chief of Police; Wayne Shaw, Chair, First Brazoria County Day; accompanied by a delegation of citizens from Brazoria County and County Commissioner Jack Harris. The Senate welcomed its guests. SENATE RESOLUTION 376 Senator Duncan offered the following resolution: WHEREAS, The food we eat, the clothes we wear, the houses in which we live, and the flowers and plants we enjoy are all rooted in agriculture, and the important role that Texas farmers and ranchers play in the lives of people worldwide often goes unrecognized; and WHEREAS, In this new millennium, Texas ’farmers, ranchers, and their families face ever-increasing challenges, yet they continue to fulfill an enduring legacy, ensuring that people everywhere have an abundant, reliable, and affordable supply of food, natural fiber, and horticultural and other agricultural products; and WHEREAS, Agriculture is the second-largest industry in Texas, generating $14 billion annually in cash receipts and providing one out of every five Texans with jobs; and WHEREAS, Texas leads other states in the production of cotton, cattle, sheep, goats, wool, mohair, and hay and exports approximately $2.5 billion in agricultural products; and WHEREAS, The food and fiber system contributes 10 percent of Texas ’total gross state product; and WHEREAS, Texas farmers and ranchers grow and produce many of the products used daily by all Texans, including fruits and vegetables; beef, pork, and poultry products; cotton, wool, and mohair for clothing; trees used in making paper; milk for cheese, ice cream, and other dairy products; corn for cereal; breads; laundry detergent; and animal fats and proteins for toothpaste and crayons; and WHEREAS, Agriculture also plays a major role in water conservation, rural economic development, global trade, and the preservation of the environment; and WHEREAS, Agriculture will continue to meet the basic needs of the world while providing opportunities for progress beyond food and clothing, including advancements in nutrition, medicine, biotechnology, and food safety; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 78th Legislature, hereby recognize March 17 through 21, 2003, as National Agriculture Week in Texas and urge all Texans to pay tribute to those producers who help add quality to our lives and the State of Texas. The resolution was read and was adopted without objection. CONCLUSION OF MORNING CALL The President at 12:08ip.m. announced the conclusion of morning call. 560 78th Legislature — Regular Session 35th Day

SENATE BILL 84 ON SECOND READING Senator Wentworth moved to suspend the regular order of business to take up for consideration SBi84 at this time on its second reading: SB 84, Relating to the prompt production of public information under the public information law. 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 35 ON SECOND READING Senator Zaffirini moved to suspend the regular order of business to take up for consideration SBi35 at this time on its second reading: SB 35, Relating to the financing of assessments performed by the Texas School for the Blind and Visually Impaired and the Texas School for the Deaf. 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 35 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 SBi35 be placed on its third reading and final passage. The motion prevailed by the following vote:iiYeasi28, Naysi3. Yeas:iiArmbrister, Averitt, Barrientos, Bivins, Brimer, Carona, Deuell, Duncan, Ellis, Estes, Fraser, Gallegos, Harris, Hinojosa, Jackson, Lindsay, Lucio, Madla, Nelson, Ogden, Shapiro, Shapleigh, Staples, Van de Putte, West, Whitmire, Williams, Zaffirini. Nays:iiJanek, Ratliff, Wentworth. The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0. SENATE BILL 89 ON SECOND READING Senator Wentworth moved to suspend the regular order of business to take up for consideration SBi89 at this time on its second reading: SB 89, Relating to compensatory time for persons governing state agencies. 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 57 ON SECOND READING Senator Zaffirini moved to suspend the regular order of business to take up for consideration SBi57 at this time on its second reading: Tuesday, March 18, 2003 SENATE JOURNAL 561

SB 57, Relating to the creation of a statewide alert system for abducted children. The motion prevailed by a viva voce vote. The bill was read second time. Senator Zaffirini offered the following amendment to the bill: Floor Amendment No. 1 Amend SB 57 as follows: On page 1, line 13, insert "AMERICA ’S MISSING: BROADCAST EMERGENCY RESPONSE (AMBER)" after "STATEWIDE" and before "ALERT SYSTEM". On page 1, line 20, insert "AMERICA ’S MISSING:iiBROADCAST EMERGENCY RESPONSE (AMBER)" after "statewide" and before "alert system". On page 1, line 27, insert "AMERICA ’S MISSING:iiBROADCAST EMERGENCY RESPONSE (AMBER)" after "STATEWIDE" and before "ALERT SYSTEM". The floor amendment was read and was adopted by a viva voce vote. On motion of Senator Zaffirini and by unanimous consent, the caption was amended to conform to the body of the bill as amended. SB 57 as amended was passed to engrossment by a viva voce vote. SENATE BILL 57 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 SBi57 be placed on its third reading and final passage. The motion prevailed by the following vote:iiYeasi28, Naysi3. Yeas:iiArmbrister, Averitt, Barrientos, Bivins, Brimer, Carona, Deuell, Duncan, Ellis, Estes, Fraser, Gallegos, Harris, Hinojosa, Jackson, Lindsay, Lucio, Madla, Nelson, Ogden, Shapiro, Shapleigh, Staples, Van de Putte, West, Whitmire, Williams, Zaffirini. Nays:iiJanek, Ratliff, Wentworth. The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0. SENATE BILL 202 ON SECOND READING Senator Wentworth moved to suspend the regular order of business to take up for consideration SBi202 at this time on its second reading: SB 202, Relating to the reorganization of a mutual life insurance company. 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 547 ON SECOND READING Senator Zaffirini moved to suspend the regular order of business to take up for consideration SBi547 at this time on its second reading: 562 78th Legislature — Regular Session 35th Day

SB 547, Relating to the superintendents of the Texas School for the Blind and Visually Impaired and the Texas School for the Deaf. 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 547 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 SBi547 be placed on its third reading and final passage. The motion prevailed by the following vote:iiYeasi28, Naysi3. Yeas:iiArmbrister, Averitt, Barrientos, Bivins, Brimer, Carona, Deuell, Duncan, Ellis, Estes, Fraser, Gallegos, Harris, Hinojosa, Jackson, Lindsay, Lucio, Madla, Nelson, Ogden, Shapiro, Shapleigh, Staples, Van de Putte, West, Whitmire, Williams, Zaffirini. Nays:iiJanek, Ratliff, Wentworth. The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0. COMMITTEEiiSUBSTITUTE SENATE BILL 186 ON SECOND READING Senator Janek moved to suspend the regular order of business to take up for consideration CSSBi186 at this time on its second reading: CSSB 186, Relating to the computation of public school dropout and completion rates. The motion prevailed by a viva voce vote. The bill was read second time. Senator Shapleigh offered the following amendment to the bill: Floor Amendment No. 1 Amend CSSB 186 by inserting a new Subdivision (b)(3) between lines 31 and 32 on page 1 to read as follows and renumbering the remaining subdivisions accordingly: (3) high school graduation rates, computed in accordance with standards and definitions adopted in compliance with the federal No Child Left Behind Act. The floor amendment was read and was adopted by a viva voce vote. Senator Barrientos offered the following amendment to the bill: Floor Amendment No. 2 Amend CSSB 186 as follows: On page 3, between lines 7 and 8, insert SECTION 3 as follows and renumber the subsequent SECTIONS accordingly: Tuesday, March 18, 2003 SENATE JOURNAL 563

"SECTION 3.iiThe Texas Education Agency shall modify its data collection system to permit the application of the National Center for Education Statistics definition of a dropout to campuses no later than the 2005-06 school year. In the interim, the Texas Education Agency shall assist districts in computing the required rates to the extent necessary to apply for dropout reduction grants funded under section 1803 (20 USC 6553) of the No Child Left Behind Act, Public Law 107-110." The floor amendment was read and was adopted by a viva voce vote. On motion of Senator Janek and by unanimous consent, the caption was amended to conform to the body of the bill as amended. CSSB 186 as amended was passed to engrossment by a viva voce vote. MESSAGE FROM THE HOUSE HOUSE CHAMBER Austin, Texas March 18, 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 29, Commending Sr. Mario Zolezzi Garcia for his outstanding achievements as mayor of Matamoros. HCR 30, Commending Sr. Fernando Silva Nieto for his exceptional achievements as governor of San Luis Potosi. SB 15, Relating to the use of appropriations in the Smart Jobs Fund as business location incentives; making an appropriation. Respectfully, /s/Robert Haney, Chief Clerk House of Representatives RESOLUTIONS OF RECOGNITION The following resolutions were adopted by the Senate: Congratulatory Resolutions SR 393 by Carona, Congratulating Benjamin "Ben" John Jackman of College Station on attaining the rank of Eagle Scout. SR 394 by Carona, Congratulating David Clifton Light of College Station on attaining the rank of Eagle Scout. SR 395 by Carona, Congratulating Eric Geoffrey Ransom of College Station on attaining the rank of Eagle Scout. 564 78th Legislature — Regular Session 35th Day

SR 396 by Carona, Congratulating Brian Matthew Woods of Dallas for achieving the rank of Eagle Scout. SR 397 by Bivins, Congratulating the girls ’basketball team of Canyon High School in Canyon for winning a state championship. SR 398 by Bivins, Commending Joe Lombard of Canyon for his coaching career. SR 400 by Whitmire, Commending Rene E. Johnson for his service to the Houston Country Club. SR 401 by Armbrister, Congratulating Peggy and Bruce Germer of Lockhart on their 25th wedding anniversary. HCR 29 (Jackson), Commending Sr. Mario Zolezzi Garcia for his outstanding achievements as mayor of Matamoros. HCR 30 (Jackson), Commending Sr. Fernando Silva Nieto for his exceptional achievements as governor of San Luis Potosi. HCR 105 (Jackson), Honoring Jack W. Coe of Alvin on his retirement from Rohm and Haas Texas Incorporated. Official Designation Resolutions SR 399 by Jackson, Recognizing March 18, 2003, as Deer Park Day at the State Capitol. SR 402 by Madla, Proclaiming March 25, 2003, as Justices of the Peace and Constables Day. ADJOURNMENT On motion of Senator Whitmire, the Senate at 1:55ip.m. adjourned, in memory of Representative Irma Rangel of Kingsville, until 11:00ia.m. tomorrow.

AAAPPENDIXAA

COMMITTEE REPORTS The following committee reports were received by the Secretary of the Senate in the order listed: March 18, 2003 INTERNATIONAL RELATIONS AND TRADEi—iCSSB 558 VETERAN AFFAIRS AND MILITARY INSTALLATIONSi—iCSSB 173

SIGNED BY GOVERNOR March 18, 2003 SCR 18