EIGHTY-FIFTH DAY
MONDAY, JUNE 2, 2003
PROCEEDINGS
The Senate met at 10:00 a.m. pursuant to adjournment and was called to order by the President. The roll was called and the following Senators were present: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. Senate Doorkeeper Don Long offered the invocation as follows: Great architect of the Universe, we come before Your throne of grace this morning thanking You for this day which You have permitted us to live and serve the great State of Texas. We lay before You the works of everyone in this chamber over these last 139 days. During this 78th legislative session there have been victories and defeats, disappointments and celebration, joy and sadness. We rejoice in the assurance that we have done our best to stay in focus on the true needs of the people of Texas. We thank You for Lieutenant Governor Dewhurst. He has furnished the Texas Senate with leadership, patience, loving caring, equity, honor, and courage. Continue to bless him in the days ahead. How grateful we are to You for Senator Lucio, President Pro Tempore of this session. He has been a rare jewel of unselfish devotion to the cause of all Texans during some difficult days. As we move to the interim, we ask that Your grace descend in abundance upon Senator Nelson as she serves as President Pro Tempore Ad Interim of this illustrious body. We thank You for every Senator and their dedication to the office to which they have been elected and for their great struggle to work together in unity for all the peoples of Texas. And in a few hours when this body adjourns sine die, may Your traveling grace be upon the Senators to enable them to arrive at their homes safe from all harm. We close our prayer thusly: When I have come to the end of the road I should like to look back and see, 5052 78th Legislature — Regular Session 85th Day
That I have done my very best With the trust that s’ placed in me. I should like to know I never have By action, word or deed, Betrayed a confidence given Or forsaken a friend in need. I should like the consolation When I ve’ traveled the very last mile, To know I ve’ meant something to someone And caused those in sorrow to smile. I know that I shall be happy If in the heart of each one, I can leave a lingering memory Of something good I ve’ done. 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. PRESENTATION Senator Lucio was recognized and introduced to the Senate Betty King, former Secretary of the Senate. Senator Lucio then, on behalf of the Senate, presented Mrs. King with a bouquet of yellow roses. The Senate welcomed Mrs. King. SENATE RESOLUTION 1056 Senator Lucio offered the following resolution: WHEREAS, The Senate of the State of Texas is pleased to honor the Chief of Staff for Senator Chris Harris, Peggy Dodson, who personifies all that is best in public service; and WHEREAS, Her managerial and people skills have been an invaluable asset to the office of Senator Harris since January 8, 1991; and WHEREAS, Through the years, Peggy has earned the affection and respect of all who have had the privilege of working with her both in the Capitol and Senatorial District 9; and WHEREAS, Warm and personable, Peggy has never met a stranger and if she has, they become friends within three minutes of their meeting; and WHEREAS, Her loyalty and devotion to Chris Harris and the Texas Senate is legendary; although she could have accepted more lucrative positions in the private sector she chose instead to remain in public service; and WHEREAS, Few can surpass Peggy in her love for the Senate and its traditions and for her hard work and devotion to the State of Texas; now, therefore, be it Monday, June 2, 2003 SENATE JOURNAL 5053
RESOLVED, That the Senate of the State of Texas, 78th Legislature, hereby commend Peggy Dodson for her outstanding work in the Texas Senate and congratulate her on being named the second legislative recipient of the Betty King Public Service Award; and, be it further RESOLVED, That a copy of this Resolution be prepared for Peggy as an expression of highest esteem and respect from the Texas Senate. The resolution was read. SENATE RESOLUTION 1057 Senator Lucio offered the following resolution: WHEREAS, The Senate of the State of Texas can take great pride in the professionalism and devotion to duty of its central staff, and among the most outstanding of these employees is Connie Swearingen; and WHEREAS, A dedicated Senate employee since March 6, 1989, Connie earned the respect of the five lieutenant governors and numerous senators she has worked for; her flair and creativity are evident in the meals she has planned and prepared; and WHEREAS, Connie has worked long into the night and on weekends to assure the smooth functioning of the reception room; and WHEREAS, Cheerfully and willingly, Connie promptly responds to the requests of those she serves so well as she combines the best qualities of a short order cook and a cordon bleu chef; and WHEREAS, Throughout her Senate career, Connie has consistently displayed loyalty and dedication to the Senate, and she is most worthy of legislative recognition; and, be it further RESOLVED, That the Senate of the State of Texas, 78th Legislature, hereby commend Connie Swearingen for her superlative service to the Texas Senate and congratulate her on being named the second administrative recipient of the Betty King Public Service Award; and, be it further RESOLVED, That a copy of this Resolution be prepared for her as an expression of high regard from the Texas Senate. The resolution was read. On motion of Senator Lucio, SRi1056 and SRi1057 were adopted without objection. PHYSICIAN OF THE DAY Senator Ogden was recognized and presented Dr. Stephen Benold of Georgetown as the Physician of the Day. The Senate welcomed Dr. Benold and thanked him for his participation in the Physician of the Day program sponsored by the Texas Academy of Family Physicians. 5054 78th Legislature — Regular Session 85th Day
SENATE RESOLUTION 1016 Senator Zaffirini offered the following resolution: WHEREAS, The Senate of the State of Texas takes pleasure in recognizing Captain Michael Ogden for his exemplary service to his country in the United States Marine Corps; and WHEREAS, Michael graduated from the United States Naval Academy in 1998 and joined the Marines; he was assigned to the 24th Marine Expeditionary Unit based in Camp Lejeune, North Carolina; on August 26, 2002, he left with his unit on a six-month peacekeeping mission in Kosovo and a humanitarian aid mission in Bahrain, Djibouti and the United Arab Emirates; and WHEREAS, The unit off-loaded in Kuwait and then was sent to Iraq, where Michael commanded a Combined Arms Anti-Tank Special Operations Capable platoon of 80 personnel with 40 Humvees; during its search and destroy missions in Iraq, the unit reclaimed the body of a Marine who had been tortured and killed; and WHEREAS, After two extensions on the arrival date home, Michael s’ 24th Marine Expeditionary Unit returned safely to North Carolina on May 26, 2003, and Michael met his son, Gabriel, for the first time; the firstborn child of Michael and his wife, Lisa, was born February 14, 2003; and WHEREAS, The citizens of Texas and the nation are grateful to Captain Ogden for the courage he has shown during his military missions and in defending his country s’ ideals during Operation Iraqi Freedom; the Senate united in prayer and celebrated his return to our great country; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 78th Legislature, hereby commend United States Marine Corps Captain Michael Ogden on his humanitarian missions and his service to his country during Operation Iraqi Freedom and extend to him best wishes for the future; and, be it further RESOLVED, That a copy of this Resolution be prepared for him as an expression of high regard from the Texas Senate. ZAFFIRINI FRASER RATLIFF ARMBRISTER GALLEGOS SHAPIRO AVERITT HARRIS SHAPLEIGH BARRIENTOS HINOJOSA STAPLES BIVINS JACKSON VANiDEiPUTTE BRIMER JANEK WENTWORTH CARONA LINDSAY WEST DEUELL LUCIO WHITMIRE DUNCAN MADLA WILLIAMS ELLIS NELSON ESTES OGDEN The resolution was read and was adopted without objection. REMARKS ORDERED PRINTED On motion of Senator Shapleigh and by unanimous consent, the remarks regarding SRi1016 were ordered reduced to writing and printed in the Senate Journal as follows: Monday, June 2, 2003 SENATE JOURNAL 5055
Senator Zaffirini:iiThank you Mr. President. Mr. President and Members, what a joyous occasion. We have had so many special guests on the floor of the Texas Senate, but no one is cause for greater celebration than to see Captain Michael Ogden amongst us. Captain Ogden, we adopted you while you were in Iraq, and we did unite in prayer. We worried about you. We prayed, not only for you, but also for your family, and I wish I could express to you the heartfelt celebration that all the Members of the Senate feel to see you with your father, our brother, Steve Ogden. We are so proud of your service to our country. And we now know, firsthand, what it means to be one of the few, the proud, the Marines. To see you among us is cause for celebration for the rights and freedoms of all Americans, and to realize that you were on the front lines, that you were out there defending us and our families, representing not only your hometown, but our great state, our great country. We celebrate your return, and the most touching event of all is to realize that you met your son, Gabriel, for the first time. You heard the Secretary of the Senate choke because of the emotion, that not only the Senators feel upon your return, but everyone who works here. There were staff members and Senators and your father who wore yellow ribbons, just waiting for this day, waiting for the day that we would celebrate. And I know how happy you must have been to meet Gabriel for the first time, and to be reunited with your beautiful wife and your wonderful family. And I wish I could explain to you how your father worked day and night, representing his district, doing what was best for our great state, and in the back of his mind was that great anxiety about you, his beloved son, what meaning, what depth of understanding about our responsibilities to our country and to our state. And, so today we celebrate your return. And all the Members of the Senate have united to sponsor this resolution in honor of you and your great service. Mr. President, it is my great pleasure to yield to Senator Leticia VanideiPutte who chairs the Committee on Veteran Affairs and Military Installations. Senator VanideiPutte:iiThank you Mr. President. Captain Ogden, I rise with joy today, along with all of my brothers and sisters on this floor. You see, this has been an extraordinary legislative session, and we are one family. And, in fact, when one Member of the body hurts, we all are hurting. And, so when one Member celebrates, we all celebrate. We treat each other s’ spouses with respect and love, and we treat other s’ children as if they were our own. And, so I hope that you understand that your dad and your mom and your wife, I know, were praying every day, every night. But I know that each one of us had you in our hearts and had you in our prayers. You are a wonderful symbol of the best of what is Texas. To serve our country, to serve our nation, and to come safely home. I can only imagine the pride and the love that you felt when you first held baby Gabriel. And that s’ what family s’ about. That s’ what love is about. That s’ what this state is made of. We join in celebration, and we remember those who did not return home. We will always remember them. We wish you much luck and success and, hopefully, some downtime so that you can get reacquainted with your family and your baby. We are extremely proud of you. And, Steve, we share your joy today. Senator Bivins:iiWell thank you, Mr. President and Members. I, Michael, I wanted to share with you a story about your dad. We were in, seemingly, how many years did we negotiate this darn budget, Steve? It seemed like about five years, but maybe it was more like a month. But during what seemed like interminable negotiations with a 5056 78th Legislature — Regular Session 85th Day very formidable negotiator, Representative Talmadge Heflin, who has the ability to intimidate many, but not your dad. At one point, I can t’ remember exactly how this came down, but, I, and the date was May 20-something, but Talmadge was making a point in conference committee, and he said, now, we weren t’ in conference, we re’ back behind the House Appropriations in the conference room, and Talmadge was making this point about, now this is important, and we, and your dad stood up, interrupted Talmadge, and he said, I ll’ tell you what s’ important, Captain Michael Ogden s’ returning home today, and it s’ on Fox News, and I m’ going to watch it, that s’ what s’ important. And everything stopped, while your dad and all of us went and watched you all return and hit the shores of this country. And we just wanted to welcome you back and congratulate your dad and say, God bless America. Senator Duncan:iiWell thank you. We ve’ had a lot of emotional times on this floor this session, and I can t’ think of a more emotional time than to have you back. Having sat next to Steve all session, I knew how concerned he was, but how strong he was, as well, and he knew that you would get back. I understand you re’ a real hero. We bring heroes to this floor, and you brought your men back. And you led your men into combat, and you brought them back. And you re’ a hero for this country and for this state, and we re’ proud of you. Senator Lucio:iiThank you Mr. President. Captain, it s’ been a custom for us to tie yellow ribbons around oak trees and fence posts, etcetera. Your dad wore a yellow ribbon on his lapel, and, very proudly, and he, I don t’ think there was a day that went by that we didn t’ ask how you were. And there wasn t’ a day that didn t’ go by that he wasn t’ talking about you in the Members ’Lounge. My only hope was that you had come in a little earlier, because some of us didn t’ get to pass some of our bills through his committee, because he was a little grumpy. He was worried, but we understand that. And a moment ago when I shook your hand, it was a great feeling to know that we had made that connection, finally, face to face, because I knew we were talking about a great man, and you being here and knowing you, in person, proves that. I join with all of us here and throughout our nation to just say thank you for the sacrifices and the service to our country that all of you are involved with, and I think you re’ a shining star in this great state, and I m’ happy to be a part of your family. Thank you. Senator Shapleigh:iiThank you Mr. President. Captain, in January you were on a mission in Kosovo, soon to go to a boat in the Persian Gulf and wait as a strategic reserve. And we didn t’ know what was going to happen in January in this body, as we watched the events unfolding in the Middle East. And as you were deployed to see some of the most difficult fighting in the war, that your unit engaged in, your dad was deployed on another front into the budget. And every day he d’ come to the meetings of the finance committee with a map with the Tigris and Euphrates, and tell us where your unit was and what was happening and some of the events of the war that he was getting from you. And I remember him telling us that one day he simply stopped getting E-mails from you, so he knew you were getting into some fighting that was getting pretty intense. But what you have gone through at a very tender age, the scene of war, the death of United States Marines, the killing of Iraqi citizens, war up-front, the sacrifices that you have made in not being present for the birth of your son, what you ve’ guaranteed is the freedom that we have here, the freedom of democracy, and Monday, June 2, 2003 SENATE JOURNAL 5057 you are a warrior that has made, for us, democracy happen. Freedom, we have found, is a very fragile thing. And your sacrifice, what you ve’ done in the last six months of, at a very tender age, is something very few people in this country have done. We have maybe one on this floor, who s’ been through what you ve’ been through in watching war up-front. And as you look up, seeing your son and your wife, and you enjoy the closeness of your family and the love that you re’ feeling on this floor from all the Senators that have taken you in as one of their own, we want to send to you the thanks of a state and nation for the guarantee of freedom that you ve’ brought to us. We appreciate deeply your sacrifice, your service, and your career as a Marine, because it means so much to us and our freedoms. Thank you. Senator Shapiro:iiThank you Mr. President. First, I d’ like to say what a joy it is to see you, Michael. I have spent the session with Steve Ogden in very close proximity almost on a daily basis, and there hasn t’ been a day that he and I haven t’ said at least one sentence or one word about you, about your return, about what you did. I will tell you, there have been many times, back in the lounge, when he would go into details about your, what you were doing and where you were and the part of the country that you were in and the guessing as to where you were at that moment in time and could he be here, could he be there? Did I get a phone call? Did we hear, get an E-mail? Many of those times, I listened intently, but I m’ not a military person, and oftentimes he would give me all these military terms that I never understood, but because it was important to your dad, it was important to me. So I would listen intently, but more than anything, the whole time that your father and I talked, the only thing I could see was the, the facial expressions, the love and the devotion that he had for you, and the desire to know that you were well. And the ability to be able to know that as soon as this was over, that you were going to come home, and that you were going to be, not only in the arms of your parents and your wonderful wife, but your precious son. So as this week approached, and I thought about all those grumpy times that he was sitting in a meeting, and I would always say to myself, oh, that Steve, he s’ probably thinking about his son, he s’ probably thinking about, I changed my mind; he s’ grumpy anyway, it s’ not just you. But I have to tell you that the sense of family, the commitment and the dedication that Steve Ogden has to you and your family and your other family members and his wonderful wife, Beverly, there s’ nothing like it. There s’ nothing like it. And it precipitated and continued throughout our entire session. So it is a joy to see you today. I ve’ been waiting for this day for a long time, as I know your family has. I asked Steve, early on, would you come here, and, of course, today is our last day. So we re’ glad to bring you into the family. We re’ glad to have you. I can t’ imagine how your son is up there and you re’ down here. I want him down here with you, and we better have him back in the back pretty soon, because I ve’ got to get a look at this youngster as well. And we re’ proud to have you. Thank you for what you ve’ done. Thank you for your commitment to this country. You make all of us proud, and you have been my connection to this war and to the freedom that you stood for, and we thank you from the bottom of our hearts for what you ve’ done. Senator West:iiMichael, I m’ your Uncle Royce. You see, your father and I are brothers. OK, Mike, now what can I say? I think that you may not appreciate at this point in time, but hopefully when you reflect upon everything that s’ being said here today, you will truly understand how all of us feel about you and what you represent. 5058 78th Legislature — Regular Session 85th Day
You represent a generation of Americans, maybe twice removed from my generation and maybe three times removed from other persons in here, and I won t’ say who those persons are. But the fact of the matter is that America is in good hands. Our future is bright because of people like you. I can t’ imagine all of the things that you have gone through, all of the experiences that you have had thus far in your particular life. But I can imagine the fact that you stood shoulder to shoulder with other Americans from different parts of this particular country, that you were charged with the responsibility of looking out for other people and making sure that they returned safely to home, and you did that. And we re’ proud of you, Michael, for that. And I know that America is in good hands. Oh, that s’ great right there. That s’ a picture right there (Michael Ogden s’ wife, Lisa, and son, Gabriel). And looks like your son is going to play basketball. And, Michael, we re’ proud of you. And, Steve, you know, I know how you felt, as all of us did, about Michael, because you reminded us every day. It says something about you as a father and, needless to say, your wife, when your son looks up to you and you look up to your son. God bless you, Michael, and thank you for everything you ve’ done. Senator Fraser:iiThank you Mr. President. Michael and Lisa, this is a, while you have been halfway around the world, in this legislative session we ve’ had, I think, a kind of amazing thing happen in the Legislature. We re’ all friends and know each other here on the floor, but through this session, we ve’ all noticed a very different relationship that has developed between the membership and camaraderie. And it was, we realized in the last week, it was noted the number of children, Members that have brought their children, and once their children came on the floor, everyone running over and making sure we met the children, and it was something I ve’ never seen since I ve’ been in the Legislature. I look at Tommy Williams over here with his kids on his lap, Todd with his kids here yesterday. You know that Judy s’ wonderful son, who has been with us a lot, little Eddie s’ been here a lot, Governor Ratliff s’ son, Jane s’ kids being here, yesterday. The one thing that was missing, though, in this session, was Michael Ogden, is that, even though Michael Ogden was not with us here in the session, Michael Ogden was here in the session, because there was not a single day we, we actually started even long before the session, your dad and mom are good friends of ours, and we d’ gotten together right before the session. We knew that a baby was on the way. We knew that the likelihood of deployment was there, and every day we would ask Steve, did you hear from Michael today? Was there an E-mail? What s’ going on? What s’ happening? And even though you weren t’ here sitting beside your father, we knew you were here. We all prayed that you would be back. Michael, you, and following in the footsteps of your father, you represent what America s’ all about. We realize very clearly that you were halfway around the world, putting yourself in harm s’ way, the reason we could sit here in freedom today was because of brave men and women like yourself. The Texas Legislature salutes you today for who you are and what you represent. Welcome home. Senator Staples:iiThank you Mr. President. Captain, looks like your family has had about all this pageantry that they can take today. But, and I know that as a Marine, someone that s’ focused on their mission and what they re’ about, that this may seem a little awkward to you, but please know that by honoring you and recognizing your efforts, we re’ saying thank you to every sailor, every Marine, and every soldier, and Monday, June 2, 2003 SENATE JOURNAL 5059 every man and woman in the United States Armed Forces for what they do day in and day out. And that s’ one thing about this Senate body, that we recognize tradition and its importance. And as your dad, who I like to call Admiral, because of his service and his drive that he brings to the Texas Senate, as you and he were standing there today, you do represent tradition. You do represent what is great about our country and our state, and that s’ service, and that s’ putting others above self, and we appreciate that. And as we got a Captain Ogden update daily, one of the things that impressed upon me was that your mission and focus was keeping your men alert and making them come home safely. And I think that every mother who sent their son into harm s’ way can take a great level of comfort to know that Captain Michael Ogden, and others like you, had that dedication to watch out for America s’ children. And we appreciate you and your service, and may God bless you and the United States Marine Corps. Senator Armbrister:iiThank you Mr. President. Michael, many times in your mission, you re’ called upon to bring about freedom to the world and liberation of a people. I want to introduce you to a young man, and the Senate to a young man, Adem Vllasi. Adem s’ dad was the president of Kosovo when they were overrun. And he wanted to be here today. He works for me downstairs, but he wanted to come up to the floor today just to personally thank you for liberating his native country. Senator Zaffirini:iiThank you Mr. President. Captain Ogden, you probably are amazed at the outpouring of love and affection that the Members of the Senate and our staffs and our families feel for you, but we are not amazed, because we consider every member of our own families a part of our extended family. And while you have rejoiced in being reunited with your wife and your son and your parents and your own family, you are now officially a member of our extended family, and you can see how we worried about you and prayed for you. You have heard so many heartfelt expressions by the Members of the Texas Senate and the Lieutenant Governor, David Dewhurst. And, so today we pledge to you that we will continue to keep you in our prayers. And our prayer is that the Lord will continue to bless you and your loved ones. May God bless you always, may God bless Texas, and may God bless America. Welcome home. President:iiThank you Senator Zaffirini. Before we vote on the resolution, I m’ going to recognize Senator Ogden to speak on the resolution. But before I do that, Captain Ogden, if you d’ remain there just for a moment, because I think a number of Senators are going to want to shake your hand. But let me just say one of the interesting things, well, scary things, that your dad had shared with a number of us, that your men over in Iraq called you Bullet Captain, Bullet Michael, Bullet Magnet, and I think he shared with us one story in which you all were pinned down by a sniper and you got mad and you pulled out your automatic and you charged across a street with a hail of fire. Well it must be in your genes, because your dad will stand on principle and go after doing the right thing every time. Senator Ogden:iiMembers, I want to thank Lieutenant Governor Dewhurst. I want to thank the Governor of Texas for being here, and I want to thank Senator Zaffirini and my fellow Senators for the most touching remarks about me and my family that I ve’ ever heard. And I want to thank you for that. I thank God for my son. I m’ really proud 5060 78th Legislature — Regular Session 85th Day of him. And I want to introduce his mother, who s’ sitting in the gallery, in the west gallery, that s’ his mother, Beverly Ogden, and his baby sister, a graduate of The University of Texas, Kristen Ogden. Thank you. VIDEO RELEASE POLICY WAIVED On motion of Senator Shapleigh and by unanimous consent, the Senate policy, which governs the release of videotapes of the Senate proceedings, was waived in order to grant the request of Senator Ogden for a videotape of this day s’ session. MESSAGE FROM THE HOUSE HOUSE CHAMBER Austin, Texas June 2, 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 290, Instructing the enrolling clerk of the house to make corrections in H.B. No. 2425. HCR 293, Instructing the enrolling clerk of the house to make corrections to H.B. No. 425. HCR 294, Instructing the enrolling clerk of the house to make technical corrections to H.B. No. 2044. HCR 295, Instructing the enrolling clerk of the house to make technical corrections to H.B. No. 1606. THE HOUSE HAS ADOPTED THE FOLLOWING CONFERENCE COMMITTEE REPORTS: HB 1606 (House adopts ccr by a vote of 133 yeas, 8 nays, 2 pnv) HB 2292 (House adopts ccr by a vote of 87 yeas, 58 nays, 1 pnv) HB 2359 (non-record vote) HB 3459 (House adopts ccr by a vote of 105 yeas, 38 nays, 2 pnv) SB 14 (House adopts ccr by a vote of 113 yeas, 34 nays, 1 pnv) SB 1370 (House adopts ccr by a vote of 93 yeas, 51 nays, 1 pnv) THE HOUSE HAS DISCHARGED ITS CONFEREES AND CONCURRED IN SENATE AMENDMENTS TO THE FOLLOWING MEASURES: HB 1695 (non-record vote) Respectfully, /s/Robert Haney, Chief Clerk House of Representatives Monday, June 2, 2003 SENATE JOURNAL 5061
AT EASE The President at 11:10 a.m. announced the Senate would stand At Ease subject to the call of the Chair. IN LEGISLATIVE SESSION The President at 12:00 noon called the Senate to order as In Legislative Session. ELECTION OF PRESIDENT PRO TEMPORE AD INTERIM SEVENTY-EIGHTH LEGISLATURE The President announced that the time had arrived for the election of President Pro Tempore Ad Interim of the 78th Legislature. Senator Whitmire placed in nomination the name of Senator Jane Nelson of Flower Mound for the office of President Pro Tempore Ad Interim of the 78th Legislature. On motion of Senator Shapleigh and by unanimous consent, the nominating speech by Senator Whitmire was ordered reduced to writing and printed in the Senate Journal as follows: Thank you Mr. President. Members, it s’ at this time a honor and a privilege to nominate one of our colleagues as President Pro Tempore. Senator Nelson can obviously be considered my best friend on the Senate floor if you could have more than one best friend, and if Mario Gallegos continues to be as feisty as he was yesterday, she will be my very best friend. You know, Members, I m’ sure all of your mothers have told you at one time or another, you are, you re’ known by the company in which you keep or, kind of, birds of a feather flock together, and let me just suggest to you with that admonishment by your mother, my mother d’ be very proud, seriously, that I have chosen to sit by Senator Nelson on this Senate floor. There was encouragement for me to go down front by a couple of Members. But, truly, one of the major factors for staying where I am is to work daily, hand in hand with Senator Nelson. We have a pretty cozy corner back here. We get a lot of work done, but we also have a lot of fun and I cannot imagine being seated in a different location. As you know, Senator Nelson served with distinction on the state school board, but then she was elected to state Senate 10 years ago. I can recall my first impression of watching her stand up to the bullies that were in the Senate at that time. We were over in a temporary building and, Dr. Deuell, I didn t’ know anything about this lady, she was supposed to have horns, just like we had heard that you had horns. It s’ amazing what campaigns tend to label us, but we soon found out it was not horns, it was she just didn t’ take any nonsense from the good ol ’ boys. And, in fact, my first visual impression of Senator Nelson was–did not know her other than "hello"–but she got ready to pass her first legislation and she put a pair of high heels on her desk. There had been an inappropriate remark earlier that session, I think actually by a Presiding Officer, that the women of the Senate would do a lot better if they had shorter skirts and high heels. Senator Nelson didn t’ appreciate that and 5062 78th Legislature — Regular Session 85th Day
when she got up to be introduced had a pair of high heels. So I knew we had a special person serving in the Senate. And best I recall, Carl Parker thought he could kind of take you on and she was very successful standing up to what I considered some bullies in that makeup of the Senate at that time. But she passed her legislation and, Members, she still passes legislation. And the neat thing about our new President Pro Tem, as the Senate composition has changed, Senator Nelson has changed her style. As she s’ changed her style to be an effective state Senator she hasn t’ changed her philosophy. She s’ very proud to be a very strong conservative voice in the state Senate. She not only passed the legislation when it required being tough and putting the guys in their place, but as recently as this week, being very effective with this composition of a new attitude in the Senate of respect, she was able to pass House Bill 2292. And let me tell you about my daily encounters with Jane Nelson back here in our corner. She talks about her constituents all day long. She sits over here and says, I can t’ do it because of my constituents. Her constituents are first and foremost in her agenda. She just constantly says, I can t’ do it, I can t’ do it. Let me also suggest, her commitment to her constituents being her foremost concern, she s’ a pretty good politician as well. Mr. President, if someone was to change her lines, she just moves over to the people that she knows wants to represent her. I was back in Houston minding my own business, just wondering if I was gonna have a district, and Senator Nelson did not like the configuration of her lines. She felt like that existing district might have been moved over a little too far west, I think, probably, so she and her family picked up and went with the people, another indication of her commitment to her constituents. But let me tell you the real, real identity of Jane Nelson to each and every one of us and what she puts, in fact, I think if you opened the dictionary under "family," we d’ see a picture of Jane Nelson. Jane left Saturday to run to Michelle s’ graduation, got back as soon as she could, Jennifer, see, that s’ the way she treats me over here. She makes me a better Senator because I sit by her. But Jennifer was graduating Saturday, she worked up to the last minute, ran home, did family first, and then came back to represent her district. She was very proud to have her family here today with her, except for Elizabeth and Christina who are at the first day of summer school. But her father s’ here. Mr. Gray, I don t’ know what you and Mrs. Gray did, whether you put too much Tabasco sauce in her grits or what, but you ve’ got a very special daughter. I know Mrs. Gray would be proud of her. We re’ pleased that you could be here. I m’ just very lucky to be allowed to join the other men of her family, her son, Brian, and her husband, Mike, to just share some time with her. You guys have a very special lady. We re’ very proud of her, and I will close by saying, Members, we re’ going to be very well served during Jane Nelson s’ administration. And I will suggest in terms of her effectiveness in her activities as a state Senator she s’ done an outstanding job, but I think the best is yet to come. She is a force in this body, as we all recognize, and I m’ just proud and pleased. We ve’ worked hard, we ve’ been through the stress, but this is one Monday, June 2, 2003 SENATE JOURNAL 5063
of the real pleasures of serving in the state Senate is the friendships you make, the lifelong acquaintances. I will close by saying it is such a good relationship and one of respect, that family first experience of yours, if I, God forbid, but if something happened to me, Jane, I would not hesitate to have my daughters turn to you for guidance and supervision because you re’ that fine a person. With that, Mr. President, I am proud to place in nomination Senator Nelson s’ name. On motion of Senator Shapleigh and by unanimous consent, the following remarks to second the nomination of Senator Nelson were ordered reduced to writing and printed in the Senate Journal: Senator Shapiro:iiThank you very much, Mr. President. I am proud to stand and second the nomination of my friend and colleague Senator Nelson. You know each of us comes to this area, to this chamber, and we bring tools to prepare us for what we re’ about to embark upon. Senator Harris, you bring your podium. Senator Zaffirini, you bring your books. Senator Gallegos, every once in a while you bring your tennis shoes. Well I m’ prepared, I brought my Kleenex. She did too. I have to tell you, and many of you know how I feel about you, but I have to tell you that we have become a family. More than any other time since I ve’ been in this legislature, I feel related to each and every one of you, in a different way to each of you, but still related. We have become an extended family when we re’ away from our family who happen to be, many of them, here today. We draw from one another on thoughts and ideas and feelings and concerns and even sad times as well as good. As we become family, the four of us, Senator Nelson, Senator Zaffirini, and Senator VanideiPutte, are sisters. We share a lot together, a lot of things that you guys don t’ even know about, to be quite honest with you. And as sisters, we learn a lot about one another and we share our thoughts, sometimes our innermost thoughts, about what we do. But I want to tell you that, although I feel very close to Senator Zaffirini and Senator VanideiPutte, there is something very special about my sister, Jane Nelson. We are very similar in so many ways, and as all family members are, you have somebody that you, over another sibling, that you feel a special kinship to. Jane and I come from the same part of the state. Jane and I look alike. Jane and I sometimes act alike. Jane and I have similar districts that we represent. Jane and I are both Republicans. Jane and I are often mistaken for one another. Sometimes, I m’ called Jane and she s’ called Florence, aren t’ we, Senator Bivins? How often that has happened to us. Fortunately, not so much in Finance, but certainly last session in Education, all four of us were your soldiers in Education, and Jane and I were mistaken for one another and Judith and Leticia as well, often, more often than not, quite frankly. Jane, you start a new lineage for us. You are about to embark on a job and an escapade that none of us in your class has actually done. We find this to be a very significant day. It is a wonderful day for you and your family. It s’ a significant day for you. But it s’ also a significant day for me. It s’ significant for Senator Wentworth, it s’ significant for Senator West, and Senator Madla, and I know that Senator Luna is watching, and Senator Shelley, I m’ sure he recognizes the significance, as well as Commissioner Patterson, who was in our class. Those were our classmembers and, Jane, you are the first in our lineage to take on this awesome responsibility and I can t’ think of anyone that is going to do it with more class and more grace and more style than you will. I am convinced that as 5064 78th Legislature — Regular Session 85th Day we began our service 10 years ago we never dreamed that you and I would be standing here today and you would be taking on this responsibility. I remember your children 10 years ago. I remember Michelle, she was 10 years old, for heaven s’ sakes, and look at her, all five of your children and Mike and your father who must be so very proud. Ten years ago when we joined the ranks of the Texas Senate, 10 years ago when I recognized the leadership qualities that you had, how you advocated for your position so intensely and so meaningfully because of your commitment to what you believe is right and wrong, your family values, and your concern for your constituents, as Senator Whitmire said. I m’ not sure that anyone realizes the difficulty that you and I had 11 years ago when we ran for this august body and for this job. We both defeated long-time Senators, hard, hard races that we both had. And as I look back on those days, the tenacity with which you ran that race has never left you. You are a dedicated public servant and for that we are all very grateful for the fact that you have chosen to join us and to be with us here in this Texas Senate. You are a shining star and I, along with Senator Whitmire, want to tell you that this is only the beginning of a very long line of honors and awards that you re’ going to receive throughout your career as a state Senator. I am very, very proud to be your friend. I am very, very honored to be here, honoring you, and I am very pleased that I can second this nomination. I do want to leave you with two very quick thoughts. Mostly I want to leave the gentlemen in this body with this thought, because it s’ probably as important as anything that I ve’ ever said to you. Always remember that Fred Astaire and Ginger Rogers were a fabulous dancing couple, but never forget that Ginger Rogers did it in high heels and backwards. And I also want to remind you that Barbara Bush said, in her commencement remarks at Wellesley College in June of 1990, somewhere out in this audience may even be someone who will one day follow in my footsteps and reside over the White House as the President s’ spouse; I wish him well. Mike, take note. Thank you Mr. President. Senator Wentworth:iiThank you Mr. President. It s’ a privilege to rise to second the nomination of my classmate, Jane Nelson, to be President Pro Tem of the Senate Ad Interim. Let me say that I was one of those Senators that encouraged the Dean to move down to the front, just as a matter of tradition. You can see how persuasive I was with him. He s’ continued to stay on the back row to survey the floor, and at the end of this session I m’ grateful that he didn t’ take my advice because, as he s’ already confessed to all of us, he has become a better Senator because he sat next to Jane. I actually like that corner of the Senate even though I sit here. I ve’ spent a good bit of time back there chatting with both of them and they are good friends. I tell you, I love the Senate for a lot of reasons, but one of them is because we are truly bipartisan. There are very, very few issues that ever come to this floor that are partisan in nature, the only one, and it only comes, thank God, once every, well, I hope, once every 10 years. The thing about Jane is that she s’ hard-working, she s’ effective, and probably more than anything else she s’ cheerful, unfailingly cheerful. And as we ’ve discovered, she is a night person. She s’ not much of a morning person. And I m’ grateful though, that the last few weeks, at least on Thursday mornings, she has become a morning person, I hope to her benefit, but I know to the rest of us. I have a special feeling for Jane because, unknown to probably anybody else in the room but Jane, she and my wife are really twins. Not really, but they were born on the same Monday, June 2, 2003 SENATE JOURNAL 5065 day, the same month, and the same year. And I m’ not going to tell you which year that was. It s’ October fifth, and I ll’ share another secret with you, that s’ right, I think it was 61.’ I had a particularly difficult vote where I was polling the Senate a couple of years ago where I really needed every single vote. And I was counting the floor time and again, and I had two Senators that I really, really particularly needed that I didn t’ have, and one of them was Jane. And I discovered that one of her heroes in this country is Kenneth Starr, who was the Special Prosecutor several years ago, and so I asked Jane, I said, Jane, if I had Ken Starr call you on the floor of the Senate, would that help make your decision on that vote? And she said, absolutely, knowing, she thought, that I could not get that done. Within 10 minutes Ken Starr called her on the floor of the Senate. But Dean, as you have heard her say, he didn t’ change her mind. I never got her vote. But he did a good job trying to get it. And I must say to Senator Shapiro, the other 27 of us that do not share the sisterhood with you and your three, we ve’ always suspected that you all share secrets that we don t’ know about. I guess I would close by a little bit of advice to both the Governor and the Lieutenant Governor. Over the next 19 months, Governor Perry s’ not here, but Governor Dewhurst is, I would recommend that if you all leave the state at the same time, don t’ expect things to stop or even slow down while y all’ are out of state. Jane Nelson will continue to let the ball roll. I rise to second her nomination. Senator Bivins:iiThank you Mr. President. Members, I rise to second the nomination of my colleague Jane Nelson as President Pro Tem Ad Interim of the Texas Senate because she has the best Christmas card in the Texas Senate. She has a great Christmas card. That is facetious. I actually rise to second her nomination for two reasons. First and foremost, to be successful in the arena that we are all engaged in requires a lot of talents, but there are some things that can t’ be developed, and one of those is a spirit, and Jane Nelson has a warm spirit that is essential to be effective in a legislative body. When you deal with her on any issue you know that she s’ going to deal with you in a good-natured way, with a smile on her face, even if she s’ telling you, hell no! But she has a way of inviting you into her presence and to talk about any issue, that is absolutely essential in my mind to being able to be successful in this body, and that spirit is going to serve you well, certainly as you continue as a state Senator, but also in your new position as the President Pro Tem. The second trait that you have that has been astounding to me this session is a work ethic, a work ethic that will not stop. The most gratifying thing I have seen in my tenure in the Texas Senate is how every Member of the Senate Finance Committee spent an amazing amount of time on the budget through the entire hearings process, markup, and then finally in conference committee. And Senator Nelson was an incredible trooper with the amount of hours she put in working on the most difficult area of the budget, Article II, and I take my hat off to her for that work ethic that she displayed there, and I know will continue on in her service in the Texas Senate and as our President Pro Tem. So for those two reasons, Mr. President, not because of the Christmas card, I would move to second the nomination. Senator Zaffirini:iiThank you Mr. President. Mr. President and Members, I rise gladly to second the nomination of mi hermana, Jane Nelson, to serve as our President Pro Tempore during our interim. I have seen Jane Nelson serve in the Senate with honor and distinction. I remember so well, Senator Nelson, meeting you at the 5066 78th Legislature — Regular Session 85th Day freshman orientation in 1993 and realizing that you had just been appointed by Lieutenant Governor Bob Bullock to serve as a Member of the Senate Committee on Health and Human Services. Soon, you became Vice-chair of that committee, and after that, you served not only as Chair of the Senate Committee on Health Services, but later Chair of the Nominations Committee. And today you have gone from Member to Vice-chair to Chair of the Senate Committee on Health and Human Services, the first Republican to serve in that position. And Mr. President and Members, these are issues that Senator Nelson has addressed from her first day in the Texas Senate. She has fought and worked tirelessly to promote the immunization of children, to address the issue of childhood obesity, to ensure that we do everything in our power to restrict minors ’access to tobacco. Senator Nelson has championed not only those issues, but many, many others in the arena of health and human services. And she has learned from experience, for example, she took care of her sick mother, in her own home, when she had Alzheimer s’ disease, took care of her mother until she died. And she learned from that experience the problems that others who have this disease have, and the problems of other families. She learned about a young woman whose privacy had been invaded by an employer who learned about medication that she had taken. From that experience she fought tirelessly to pass the Medical Privacy Act. These are lessons learned from experience, from family, from constituents that she transformed into the public good. And think of the many other issues that she has addressed. Not only privacy issues, but think of prompt pay. She passed the bill and it was vetoed. Did she take no for an answer? Certainly not. She came back and prioritized that issue, addressed it during the interim, and passed it quickly, quickly and effectively. The issue of medical malpractice, and the issues go on and on and on because this is a woman who works hard in the arena of health and human services. And as Chair of that committee she has heard so many bills by other Members, and she has reported so many bills from that committee. But Mr. Chairman and Members, I believe that during this session Jane Nelson will be remembered for her work in the arena of health and human services as well as in her work in addressing other issues. I hope that the Governor and Lieutenant Governor will take much time to travel out-of-state, they can travel as much as they want because we will be in good hands under Governor Jane Nelson. The great American scholar, my favorite, Ralph Waldo Emerson, wrote that nothing great has ever been achieved without enthusiasm. Members, can you think of a more enthusiastic Member of this Senate than Jane Nelson? Enthusiasm is her middle name and perhaps she learned that along the way. Did you know that she was a national champion in baton twirling? And it is that enthusiasm that is a hallmark of her personality and that she brings with her to the Texas Senate and that makes her so good, old-fashioned lovable. It is that enthusiasm indeed, and it is her motherly love that shows every day in her work. Senator Nelson, I wish you the best when you serve as Governor of Texas and especially on that very special day that some of us have enjoyed as Governor For a Day. That will be a very special ceremony. You have earned that position. You have earned that honor and others will follow. Mr. President and Members, Jane Nelson personifies those wonderful words that some of you have heard before, expressed once by Charlotte Whitton, a former mayor from Canada, when she said, whatever women do, we must Monday, June 2, 2003 SENATE JOURNAL 5067 do twice as well as men to be thought half as good. And then she added, as Jane Nelson would, luckily, this is not difficult. Thank you so much. God bless you, Senator Nelson. Senator Ratliff:iiMr. President, after that, I feel like I need to rebut Senator Zaffirini, but I won t’ do that. I rise to second the nomination of our colleague, Jane Nelson, as well. I ve’ never told, I don t’ think I ve’ ever told anybody in this body this, Jane, and certainly not you, but when you came to this body in 1993 you were a very intimidating figure for me. I had just been named Chair of the Education Committee by Bob Bullock, who made the mistake of thinking that because I knew how the funding formulas worked I knew something about education. And here comes Jane Nelson who not only had been a teacher but had been on the State Board of Education who, so far as I knew, knew everything about education, and I was coming up a very steep learning curve. So I always handled Senator Nelson with very, very tender care because I knew she could embarrass me so badly about what I didn t’ know. Ironically, ironically then, sort of my own doing, I appointed her and gave her an interim charge to look into med-mal insurance problems in this state. She spent an entire interim studying that subject and became an authority on the matter, and then I found myself carrying the bill, not knowing much about that as well. So here she was looking over my shoulder once again. But let me tell you in all seriousness, when you serve in that Chair, Governor Dewhurst, you look for people which we call go-to people, go-to Senators, people that you know you can go to and they will take an issue and they will handle it well. You don t’ have to check on them, you don t’ have to worry about whether they re’ going to go off on a tangent. Senator Nelson, you are certainly a go-to person for me. And it is my honor to rise to second the nomination of Senator Nelson as President Pro Tempore. Senator VanideiPutte:iiThank you Mr. President. I also rise today to second the nomination of my colleague, mi hermana, Jane Nelson, to President Pro Tempore. You know, Members, this has been said to have been a very, very difficult legislative session and I think if there s’ anything that we have learned it has been fortitude. And, Senator Nelson, that could have been your first name, fortitude, and tenacity and leadership in addressing the needs of the people of this state. But you ve’ also shown incredible strength in balancing the demands of not only representing your constituents, the workload here, but your family. And I know that they are extremely proud of you today. You know it s’ been said, Senator Shapiro, Senator Zaffirini, that we are members of the sandwich generation, that we have our children, and yet we still need to care for our parents in their golden years, and you did it with compassion and grace. As a mom, all of us know that we carry a little bit of guilt when we come to the legislative session because we think, what are we missing, what am I not there for? And thankfully, you have the love of a strong and adoring spouse. Mike, you re’ not only Mr. Mom, but I know that you give Jane that love and support, but not only just the support, but the total encouragement to do her job for the people of her district. And for your children, you know, on this Senate floor we call each other colleagues and everyone else in the State of Texas calls you Senator, but there re’ only five people in the world that can call you mama. And I know that s’ where your true core is, it s’ for those five children, and how proud you are of them. You and Mike have done a tremendous job because they are the future of this state. They are bright 5068 78th Legislature — Regular Session 85th Day and intelligent and they are compassionate but they also know to give back, and that tremendous gift of public service, which you have. You know, much has been said about the hard work that Jane does, and she merits this recognition today and our total support for the task that you will have next year. And I have to tell you, hermana, that I am wearing Dallas Maverick blue in your honor today because, as you know, Members, to be a champion you have to have the toughest competitors. Jane, you are the champion. You had some real tough competitors and you have still outshined them all. We can say that we are members, the four of us, sisters, hermanas, on the floor of the, I guess, secret society here, or, as many of you know, the Divine Secrets of the Ya-Ya Sisterhood. But in reality we are the members of the divine sisterhood of the mama sisterhood. And it is that lioness that comes out in you, just as you are protective of your five children, that fierce protection of your constituents and what you believe, what you believe that your constituents want from you, and you always carry that forth. I am so proud today to second this nomination, and I know that you will be a wonderful Governor when the Lieutenant Governor and Governor Perry are out of the state. The only thing that I would hope is that you would have a better year as President Pro Tempore than as a basketball sports analyst. Mucho amor, mucho respeto, a ti, mi hermana, Jane Nelson. Senator Harris:iiSenator Nelson, I think back to something that Senator Whitmire alluded to earlier, and that was that first session. Oh now, Jane, I m’ not, I noticed the way you re’ looking over to your husband. But I think back to that first session and the 95’ session, and I can remember on a number of occasions after those bullies would try to intimidate you or try to upstage you that you would come to me for me to go straighten them out on various occasions. And the group here today kind of relegated me to be the one to talk about your toughness, your aggressive style. I think there s’ a total misunderstanding of Senator Nelson s’ toughness. Senator Nelson s’ toughness is based upon her firm stance of her beliefs and her unwavering devotion to her constituents, which many of us have said, and I m’ being repetitious of what many have said. But having served with Jane not only down here but also with us having districts that have been contiguous to each other for the time that she s’ been, or close to contiguous to each other, since the time that she has been in the Senate, I ve’ grown to know Jane within her district and I know the type of care that she has for her constituents. And, Senator Nelson, the most important day that will take place for you as lite governor is the day that you have your Governor For a Day because at that point your constituents will have the opportunity to come down here and to honor you as Governor. And there is no question in my mind, because of the belief that your constituents have of Jane Nelson, that this place will be flooded and the fire marshal will have to start turning people away. But that again is another true tribute to you, that your people, the people of your district, and the people of your district that you had before this session, all have that belief and trust in you, and there s’ certainly no one more deserving than Jane Nelson of being President Pro Tem. Senator Janek:iiThank you Mr. President. Earlier this year, when I showed up as a newcomer, Mr. President, I think you knew that I had a few things to learn and I think you knew that as a four-term House Member I probably had a few things to unlearn. You honored me, Mr. President, by making me the Vice-chairman of the Committee on Health and Human Services, and when you did that you stood me next to a person Monday, June 2, 2003 SENATE JOURNAL 5069 who could help me both learn and unlearn, sometimes with the gentle nudge of a sister, and sometimes with the figurative verbal two-by-four that a sister might deliver as well. Senator Nelson is a person of hard work, ethics, integrity, commitment to family, probably most importantly she loves this room. She loves y all,’ she loves me, she loves the people in the gallery, she loves everything that this hall stands for. It will be an honor and a pleasure to rise and second your nomination as President Pro Tem. Thank you for serving. Senator Barrientos:iiMr. President and Members, I rise to second the nomination of Senator Nelson. Senator Nelson, I have been going through every session of the legislature from today until back in 1846 when Edward Burleson was the Pro Tem, and I could only find in the regular called sessions Betty Andujar, Judith Zaffirini. There were other women: Margie Neal in 1933, the great Barbara Jordan, and Mrs. Neveille Colson in 1955. But those were ad interim sessions, called sessions. So you all are very, very special, being in that group. Now I must apologize here in front of everyone for calling the roll a while ago and saying "Senator Wilson–Nelson–Willie Nelson." But I must say that I enjoy everything about you serving here in the Senate except I must say that you re’ difficult to oppose in committee and on the floor, because you express yourself in so many ways, and also in Spanish, la lengua de los angeles. And I would say that what makes it difficult to oppose you sometimes is because you make the best pucheros on the floor of the Senate. Thank you for serving. Senator West:iiMr. President and Members, I rise also to second the motion. Ten years now that Senators Nelson, Wentworth, Madla, Shapiro, and myself have served in this body. I think we had a class of eight coming in and that was, I think, Senator Shapiro, you chronicled that, and I know that Shelley, Gregory Luna, and it was at least one other, Jerry Patterson, that came in with us. So this is really an historic moment for our class in that Jane is the first member of our class to serve in this particular position. However, Jane and Mike and I go way back. We go back to UT Arlington when Jane used to wear miniskirts. No, I can t’ say that, alright. Can I talk about the boots? I better not talk about those either. I can tell you this: Jane Nelson is a force to be reckoned with in this state. I know Jane and I kid one another sometimes when we vote on the same issues together and she ll’ say, Royce, somebody s’ voting wrong, and I ll’ turn around and say, no, Jane, both of us are voting right because all the citizens of Texas deserve that particular vote that we re’ together on. And we re’ together on more votes now than we have been in the past, and I think that s’ because we ve’ gravitated towards one another more so in the middle to make sure that we represent the views of all Texans. But I say that she s’ a force to be reckoned with. We know that she s’ a force to be reckoned with in this body. Are you running for Congress? Someone was trying to run for Congress. Someone was running for Congress back in the district. Oh, I won t’ get into that either, but that s’ OK. She was a force to be reckoned with back in the district as she made sure that her constituents were well represented in, who s’ that again, Armey? I won t’ get into all of that. But, anyway, the fact of the matter is Jane represents her constituents, and she does an excellent job for the citizens of the State of Texas. So I proudly stand here, Mike, you know, after 10 years of still playing basketball, Mike and I were talking about that yesterday. He used to play for the Mavericks, right, for the Movin ’Mavs, 5070 78th Legislature — Regular Session 85th Day the Movin ’Mavs. Mike was telling me yesterday that before he came down he played a little basketball again yesterday. Maybe I need to get back out there on that court also. But I rise with the rest of my colleagues and I ll’ say ditto to everything that they ve’ said, but I m’ humbled and proud to second your nomination as President Pro Tem of this Senate. Senator Gallegos:iiThank you Mr. President. I also rise to second the nomination of Jane Nelson. Baton twirling, is that what it was? But I think Senator Whitmire was right is that, we were hoping, Jane and I were talking, when we knew he was going to be the Dean, we wanted him to sit up front, because I had already ordered some spitball deals for me and Jane so we could hit him on the back of the head when he was up front. But he chose to stay back here, and if you look at the way we re’ sitting back here, Senator Lindsay and myself and Whitmire, you think you re’ on the chessboard, and you think we can checkmate her, and we got her, but, no, can t’ do it, can t’ do it. And Senator Barrientos says it s’ hard to oppose her on her issues even though she s’ got som e bad legislation. And yesterday when I was debating her, thank God for Bill Ratliff. I was just kidding when I said I was going to go through those 145 pages and ask questions. He saved me. But you know I talk to Jane on a regular basis and I said, Flower Mound? Where is Flower Mound? Well I said, I know where Flower Mound is, it s’ right out here on the north steps, right outside of, right here in front of Congress. But she represents part of my family, they re’ in the Fort Worth area. I think when the Lieutenant Governor was taking us in one by one and asking us what committees we d’ like to serve on, and I told him I d’ like to stay on Health and Human Services because I had a feeling that he would probably choose Jane as the Chair, and he did. And I ve’ been on Health and Human Services since I ve’ been here. And really, in my life, coming from the firefighters ’rank, really all I ve’ ever wanted to be is fire chief. That was my goal back then, and not to sit on the Senate floor with the ladies of the Texas Senate and then having to deal with Jane Nelson. And some of the days that I deal with her I d’ rather be, Governor and Members, back at the firehouse. And every once in a while, when I know I m’ going up and she s’ knows I m’ going to debate her, it reminds me of back home when I was growing up and I d’ get hit on the back of the head. My mother would do that when I acted up, until I was taller than Mom, and then she couldn t’ hit me on the head any more, so she started kicking me in the shins. But, you know, working with Jane, and I told her kids yesterday, I know Mike wasn t’ here, but Jane is high maintenance. And when I mean that I mean that on this floor, I mean she definitely wants her legislation to be passed. It s’ either her way or the highway. And I think that in some of the words that have been said here about Jane, that s’ the way she represents her district. And that s’ the way you re’ supposed to be, I think. But after we get through, Jane, today, Mike, please, take her home, please, please. He says he will. But as I look at your family, I think that, and you do have a nice Christmas card, and I think your kids are very, very, very lucky to have a mother like Jane Nelson. Sitting on this Senate floor, and I think that during the last two months, I believe it was, Jane, that I had some things going on in my life. So Whitmire has a revival, a tent revival in his office every, what is it, every Thursday? So I told him I m’ going to come, but I wanted Jane to come because she hadn t’ gone either, both of us had not gone. And I told her, I m’ going to wake you up, I ll’ call you, I ll’ wake you up, and we went. But, you know, I think that when Monday, June 2, 2003 SENATE JOURNAL 5071 you can call on any of the ladies of the Texas Senate, but in this particular I chose Jane because she hadn t’ been there, the rest of the ladies had, and so we both went. And I told the Members there what I had been through, and I was able to tell Jane, I sat beside her and I told her, this is how the test went, you know, all the tests that I had been through, and she just stayed there looking. And then when I told her about one of the tests, she says, I don t’ want to hear it, she said, I don t’ want to hear it, but I think when you can count on a person like that, to go with you, and describe something like that, you can count on her as a friend and a colleague. I think that she definitely is going to be a good President Pro Tem and it s’ an honor for me, not only to sit in front of her, when she s’ not hitting me, but that she is definitely going to serve this body well as President Pro Tem. Mr. President, it s’ an honor for me to second her nomination. Senator Duncan:iiThank you Mr. President. Members, I, too, rise to second the nomination of Jane Nelson for President Pro Tem. I ve’ had a good opportunity to work with Jane in a little room with a lot of people in it for a lot of hours this session, and I ve’ been really impressed with the way that she listens and the way that she conducts a meeting. I think she does an excellent job of keeping people in order, and I ve’ been very impressed. I m’ impressed by the fact that she is a very solid ally, a very fierce adversary, and I think that she s’ one of the more independent thinkers on this floor. And so I m’ always happy to have that sort of person in charge, whenever that becomes necessary, so I, too, rise with great honor to second your nomination. Senator Ellis:iiThank you Mr. President. Very briefly, Members, there have been 12 women that have served in this body in the history of the Texas Senate. Two women have been elected Governor, Senator Barrientos, five women have served as President Pro Tempore of this body. Jane Nelson, you have come a long way from Hamilton, Ohio, my sister. I regret your mother s’ not here, but I m’ told by my wife, who s’ from Cincinnati, your father is known to get in his RV and drive back to Ohio occasionally. I think that your service as President Pro Tem, for the young ladies in particular who just walked in with a group of students in the gallery, is historic in a lot of ways. I remember when my oldest daughter went to the Governor s’ mansion when I first came here and there was an Easter egg hunt, and Nicole was probably a little younger than Maria is now. I was trying to be important in the Senate, so I said, sent her over with a staffer, make sure you get to go and meet the Governor, and tell her who your daddy is. And, so I got over there about an hour later to the Easter egg hunt and said, did you meet the Governor? And she said, I think so. And, so I picked her up and took her over and I was pointing and I said, that s’ the Governor. This four-year-old looked at me in amazement. I thought I d’ exposed her to a lot. She said, you mean that girl is the Governor? And I always enjoyed telling that story to women and enjoyed telling it to Ann Richards because I think when glass ceilings are broken it means not just something special for you and your family, but to my little girl and other little girls. They need to know that they, too, can be Governor of Texas. Although we don t’ always take this role that seriously, Jane, the first day that I was "play Governor," it started out as an enjoyable day. It ended on an execution. I am looking forward to coming back next session and after you have served as the third in line to be Governor of the State of Texas. I know the current Governor will be out of state. He s’ my good friend; he and I both share an interest in travel outside the 5072 78th Legislature — Regular Session 85th Day borders. I don t’ know that much about the travel plans of the Lieutenant Governor. But when you serve in this capacity, it will change your perspective, my friend, on a number of issues that maybe we just deal with abstractly before you end up in the position that Chris Harris and Mike Moncrief and Governor Ratliff and I have had to serve in. So, my friend, I m’ proud of you, and I look forward to it, and I m’ so sorry I tried to take the Sunset Commission without telling you. It ll’ never happen again. I rise to second your nomination. Senator Fraser:iiSenator Nelson, please allow me to also second your nomination for President Pro Tem. We thought we had met officially in 1992 when you were running for office, but I think I remember that, back at UTA in the early 70s’ when yourself and Royce and Linda and I were in school together, we kept hearing stories about this blonde twirler that was cutting a wide path around campus and we should have realized at that time who we were dealing with, leadership qualities. Those of us, as conservatives in this body, try constantly to, you know, being an out conservative person, or out-conserve you, you epitomize what conservatives around the state represent and the way you represent your people and we respect you a lot for that. I respect you as a Senator, but I can tell you I very much respect you as a woman. I respect you as a lady. Mike, I respect her very much as a very, very devoted wife, I watch her every day down here. Kids, I listen to her every day and her devotion to her family. She s’ a very, very devoted mother, as you know, and all of us appreciate it. All of us down here, kind of pride ourselves on kind of inside baseball, and I m,’ maybe this is a conversation, I m’ not sure anyone else has had a conversation with Jane about this, but Mike, I want to talk about an issue I think we need to talk about: airplanes. Now this is important in that, Jane, I m’ going to remind you, that as President Pro Tem, all 30 of us in the interim are going to expect you in our districts, coming in, and there s’ going to be a lot of travel, and I think we ve’ jumped over a major hurdle, last week, when we got you in a private plane. Mike, I believe there is a crack in the door. I want to offer that encouragement, I don t’ want to get into the personal feelings, the private politics of the family over here, but I think we ve’ got a crack going here, and I would hope that you would capitalize on it. Jane, we look forward to you being President Pro Tem, you re’ a wonderful Member of this body, and you will be a great leader for the interim as our President Pro Tem. Thank you. Senator Lindsay:iiThank you Mr. President. I, too, rise to second the motion. However, I wasn t’ going to say anything because I knew there was going to be a lot said, but after listening to all this I have got a new respect for what gender discrimination is all about. But having served under her while she was the Chairman of three different committees, and I was one of her members each time, I ve’ watched her grow in that position and I ve’ appreciated what she s’ done. I really appreciate the fact that she ll’ take on, she ll’ let me take on controversial things occasionally. The needle bill, which I didn t’ expect to get a hearing on, she even let me get it out of committee. Blew me away. And that s’ even after the conservative caucus came out against the bill. So that says a lot for Jane Nelson. She does a great job. I appreciate having to serve with her, having the opportunity to serve with her. Monday, June 2, 2003 SENATE JOURNAL 5073
Senator Shapleigh:iiThank you Mr. President. Mr. President, I, too, rise to second the nomination of my friend and colleague, Jane Nelson. Mr. Gray, Mike, girls, knowing how much family means to Jane, I know you have to have experienced the unique leadership style of Jane Nelson from time to time and that leadership was no better tested in this session when she took on the very difficult job of getting a health and human service budget and the bills necessary to get that to this body. I can remember being in that room with Senator Duncan and occasionally Senator Ogden, very occasionally, when he would come in and bomb the session and then leave. And Jane Nelson was in a room with maybe 16 or 18 different interest groups, Senator Zaffirini, all the staff, LBB, and she d’ be trying to get the most contentious issues in the entire session resolved among, really, life and death consequences in what we were looking at. And I know you girls have never heard this before, but when this meeting was going crazy, and people were talking, and it was loud, and people were about to get upset, Jane would say, I m’ just going to wait until everybody gets quiet. And with that, she would get the whole room back together again and would start talking about the issues that she wanted to get us focused on. But I m’ sure this body will never forget "Jane Nelson:iiScenic Byway Legislator." When, to my knowledge in four sessions here, I have never seen the same bill come up six times on the Senate floor, and those are just the ones we saw. Lord knows where that bill lies, in what 3588 or what other bill that may have been attached to. But none of us will ever forget the sight, Mike, of Jane counting her votes, knowing she had 23, and only seven flaked on her, and making a beeline back to that office to find Chris Harris, to let him know what she was going to do to him if he didn t’ come out here and vote for her bill. She was, and I know you girls have never seen this, when your mom is at full battle tilt, 45 degrees and into the wind, she went straight to that back office and in a few seconds, Chris Harris came out on the floor to vote on that bill. Jane Nelson has done a lot in this body. Jane, when I got here, I guess you d’ been here a couple of sessions, but look at your career just in the last four sessions. The issues you ve’ taken on: prompt-pay, medical malpractice, all the health and human service issues. But what you had to do this session in the health and human service part of this budget was the toughest assignment that I think you ll’ ever have as long as you re’ here, and mediating between those issues of the folks that you represent in taxes and what we re’ willing to raise and spend in Texas, and then what those taxes end up doing in real lives in Texas, and seeing what happens to a pregnant lady in the State of Texas, or an HIV patient, or an elderly in a nursing home. And I want to rise, Mr. Gray, to thank you for coming down here to honor your daughter. We re’ honored by your presence. She has come a long way in her time in the Texas Senate and I m’ honored to rise to second her nomination as President Pro Tempore. Senator Jackson:iiThank you Mr. President. I ll’ be brief, Members. I know that the hour is getting a little bit late, but I thought that after everything that was said here today that there is another side of the picture a little bit different than we re’ all hearing about here today, and I just couldn t’ go away, this being the last day of session, without bringing up a couple of issues. When I got to the Senate three sessions ago there were three lady Members here and I asked some of the more senior people about some of the ladies, because I hadn t’ served with them before. And I asked about, well what about Florence Shapiro? She s’ a very articulate, passionate lady that really goes 5074 78th Legislature — Regular Session 85th Day after issues and takes care of that. And I said, well what about Senator Zaffirini? They said she is organized, she gets here at four in the morning, she has every word prepared before it ever leaves her lips, and she takes care of business. And I said, well what about Senator Nelson? They said, she is very focused, she is very conservative, she works on issues, and don t’ ever make her mad. And I got appointed by Governor Ratliff last session to serve on the Sunset Commission with her. And we came in many, many times over the interim, Mike and kids, I know y all’ can remember how much time it seemed like we d’ be up here two or three days at a time, and I got to see that she does get mad every once in a while, and that goes along with being passionate and being focused about the issues that you work on. I had heard, someone had mentioned one time, that her nickname was "Xena, the warrior princess," and, you know, I hadn t’ heard that used very much, but we were looking forward to working and serving together on sunset this interim, until Senator Ellis had some stealth amendment that came up, and I don t’ really even know if we re’ going to have a Sunset Commission or not again, Senator Ellis, maybe we ll’ find out later on. But I saw Xena rise up that day, as well, and had a little discussion and was in that full battle tilt, as was talked about a moment ago. But I just want to say it s’ been a pleasure working with you and I know that you will do a fine job as our President Pro Tem, and I d’ like to second that nomination as well. Thank you Mr. President. Senator Deuell:iiThank you Mr. President. I want to second this nomination. I just want to thank you for being a friend during my two campaigns. You were certainly a role model, we were both taking on incumbents, and being my friend here in the Senate, and helping me through the freshman mistakes that we all make. But there s’ a difference between knowing about health care and knowing how to develop health care policy, and I just want to thank you for kind of guiding me through that on the Health and Human Services Committee. You know, she supported Congressman Burgess, who delivered three of your babies, so, you know, I ve’ delivered a lot of babies, and but, you know, I said, how was she during labor? And he said, well, if she gets like that on the floor of the Senate, just give up. So, but again, it s’ an honor to serve with you here, and it s’ going to be an honor to have you as the Senate Pro Tempore. Thank you. Senator Hinojosa:iiThank you Mr. President. I, too, rise to second the nomination of Senator Jane Nelson to President Pro Tem. When I first got elected to the Senate, before I took office, I didn t’ know Senator Nelson, but I met her at a hearing at UT–Pan American. We sat there for about three or four hours of testimony, only she and I were the only Senators there, well I was Senator-elect. But I found out as she asked questions, her demeanor, her moods, and the type of food that she liked to eat: nachos, a lot of nachos. But I got to tell you, as I worked through the session as a freshman I learned a lot from each one of you, but also learned some things from Senator Nelson. She helped me a lot on issues dealing with battered women, family violence, but I also got to know her and she told me a secret that she says it took her husband 30 years to find out. That when she gets mad her hair stands out in the back, so when that happens, stay away, and she recovers very quickly. And, Senator Nelson, I appreciate your help and your advice, and I m’ glad that you re’ going to be our new, or next Senate Pro Tem, President Senate Pro Tem, and I wish you well and that s’ why I would like to second the nomination. Thank you Mr. President. Monday, June 2, 2003 SENATE JOURNAL 5075
Senator Brimer:iiThank you Mr. President. Mike, you are a great guy. Mike, you are a great guy. You re’ one of the greatest guys I ve’ ever met in my life. Thank you Mr. President. The President declared that the Honorable Jane Nelson had been duly elected President Pro Tempore Ad Interim of the 78th Legislature by acclamation. The President appointed the following Committee to Escort Senator Nelson and her family to the President ’s Rostrum:iiSenators Whitmire, Staples, Shapiro, Armbrister, and Jackson. Senator Nelson and her party were then escorted to the President s’ Rostrum by the committee. OATH OF OFFICE ADMINISTERED The President administered the Oath of Office to Senator Nelson as follows: I, Jane Nelson, do solemnly swear, that I will faithfully execute the duties of the office of President Pro Tempore Ad Interim of the Senate of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this state, so help me God. ADDRESS BY PRESIDENT PRO TEMPORE AD INTERIM President Pro Tempore Ad Interim Nelson addressed the Senate as follows: Thank you all. You honor me and I want to tell each and every Senator in this room that I love you. I love you. Senator Janek, you said it so well, I love this body. I love each and every one of you. You are my hermanos y hermanas, my brothers and sisters, and that s’ what we are. I have to first and foremost thank those people who make up my support network. My husband, Mike, is a champ and, Michael, I love you dearly. And I think that the four mothers of the Senate can relate better than anyone the sacrifice that we make as mamas to come down here. It is a huge sacrifice for all of us. I look out there and I see so many children and spouses and, you know, you re’ part of our extended family, and we love each and every one of you. And I want to say to every spouse, every child, every grandchild sitting out there, how much we Senators appreciate your allowing us to do this, enabling us to do this. Because it is a sacrifice on the part of our families and it s’ because of you that we re’ able to do this. I have to thank my staff, I have to thank my wonderful staff that supports me and enables me to do what I do. Nancy Fleming, my chief of staff, sitting back there, Steve Roddy, health and human services director, Dave Nelson, all of you who are probably working back in the office watching this, I love you and I so appreciate your enabling me to do what I do as Senator. I didn t’ include my kids in that thank you, did I, guys? The kids are the ones that put up with me being gone here and I dearly love my children and they are the reason that I am doing this. And my dad, who is here today, it is so awesome to have him here seeing this. I want to thank everybody that s’ sitting, you know, the people that enable all of us to do this. You ladies 5076 78th Legislature — Regular Session 85th Day
sitting down here and Patsy and, you know, the photographers and Walter and our doorman and everybody, all of our staffs, that enable this Senate to function. If you ve’ ever been to a building like this in Europe, you see a lot of tapestries hanging on the wall, and I love tapestries. Senator Zaffirini, I think you love tapestries as well. And if you look at the tapestry up close you don t’ even see the picture. You just, you look up close, and you see the threads, and there s’ so many different colors, and if you re’ looking up close you don t’ even really see what the tapestry is depicting. And this Senate so reminds me of a tapestry. You know, we ve’ got our steely gray Senator Ratliff and our red hot red Senator Zaffirini. Senator Zaffirini, Senator VanideiPutte, we ve’ got our flamingo pink, we ve’ got greens, we ve’ got blues, conservative blues. But when you weave all those threads together it makes up this Texas Senate. We have so many backgrounds. We have people that have put out fires, we ve’ got people that have delivered babies, we have professors, we have engineers, we have attorneys, we have teachers. We bring together all of our life experiences. We bring together our experiences that we ve’ had from our different constituencies. And, yes, we don t’ always agree because we re’ representing different constituencies. We bring different life experiences. But our end goal, that big picture, that tapestry that is so beautiful has a little bit of gold thread around it, Governor Dewhurst, that I think you contribute. That tapestry that is woven together that represents this wonderful body, each of you contributed to and I am so grateful to you. I am honored by this nomination and I will do my best to represent you well. But I want to use this time here right now to thank you. Not just you, Senators, but the support network that allows us to represent you. I am proud of what we accomplished this session. We should all be proud. We should all take a deep breath and think about what we, why we are here, and we should pat ourselves on the back and say, you know, we got through this session, we did it. Stand back and look at the tapestry because it is beautiful. Thank you all. Thank you Governor. VIDEO RELEASE POLICY WAIVED On motion of Senator Shapleigh and by unanimous consent, the Senate policy, which governs the release of videotapes of the Senate proceedings, was waived in order to grant the request of Senator Nelson for a videotape of this day s’ session. RECESS On motion of Senator Whitmire, the Senate at 1:20 p.m. recessed until 2:15 p.m. today. AFTER RECESS The Senate met at 2:15 p.m. and was called to order by Senator Staples. Monday, June 2, 2003 SENATE JOURNAL 5077
MESSAGE FROM THE HOUSE HOUSE CHAMBER Austin, Texas June 2, 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 289, Instructing the enrolling clerk of the house to make corrections in H.B.iNo.i2343. HCR 292, Instructing the enrolling clerk of the house to make technical corrections to House Bill 3441. HCR 296, Instructing the enrolling clerk of the house to make technical corrections to H.B. No. 3459. HCR 298, Instructing the enrolling clerk of the house to make technical corrections to H.B. No. 3459. HCR 299, Instructing the enrolling clerk of the house to make technical corrections to H.B. No. 4. HCR 300, Instructing the enrolling clerk of the house to make technical corrections to H.B. No. 1365. HCR 301, Instructing the enrolling clerk of the house to make technical corrections to H.B. No. 2425. HCR 302, Instructing the enrolling clerk of the house to make technical corrections to H.B. No. 3459. HCR 303, Instructing the enrolling clerk of the house to make technical corrections to H.B. No. 3459. SCR 65, Instructing the enrolling clerk of the house to correct House Bill No. 3588. SCR 67, Instructing the enrolling clerk of the house to make corrections on H.B.iNo.i2424. Respectfully, /s/Robert Haney, Chief Clerk House of Representatives 5078 78th Legislature — Regular Session 85th Day
SENATE RESOLUTION 1059 Senator Shapiro offered the following resolution: WHEREAS, The Senate of the State of Texas is pleased to recognize Sai Gunturi, who won the 76th Scripps Howard National Spelling Bee on May 29, 2003; and WHEREAS, Sai, an eighth-grade student at Saint Mark s’ School in Dallas, won the competition when he spelled pococurante, a word that means indifferent or nonchalant; with this victory, Sai becomes the first individual from Dallas to win a national spelling contest since 1969; and WHEREAS, He successfully spelled such words as mistassini, solfeggio, and piezochemistry to advance to the 2003 finals; and WHEREAS, Sai has been a championship speller for a number of years; in 2000, at the age of 10, he placed 32nd in the national spelling contest; he advanced to 16th place the following year, and he placed seventh last year; and WHEREAS, For his victory in the Scripps Howard National Spelling Bee competition, Sai won a $12,000 grand prize; and WHEREAS, A fine young scholar who aspires to a career as a genetic engineer, Sai is a source of great pride to the citizens of Dallas and the Lone Star State, and he deserves recognition for his exceptional accomplishment; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 78th Legislature, hereby congratulate Sai Gunturi on his victory at the 76th Scripps Howard National Spelling Bee and extend best wishes to him for the future; 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 Shapiro was recognized and introduced to the Senate Sai Gunturi of Dallas, winner of the 76th Scripps Howard National Spelling Bee, accompanied by his family. The Senate welcomed its guests. HOUSE CONCURRENT RESOLUTION 295 The Presiding Officer, Senator Staples in Chair, laid before the Senate the following resolution: WHEREAS, HBi1606 has been adopted by the house of representatives and the senate; and WHEREAS, The bill contains technical and typographical errors that should be corrected; now, therefore, be it RESOLVED by the 78th Legislature of the State of Texas, That the enrolling clerk of the house of representatives be instructed to make the following correction: Monday, June 2, 2003 SENATE JOURNAL 5079
In SECTION 6.04 of the bill (conference committee report, page 76, line 6), strike "500" and substitute "5,000". ELLIS The resolution was read. On motion of Senator Ellis, the resolution was considered immediately and was adopted without objection. (President in Chair) PRESENTATION Senator Harris was recognized and, on behalf of the Senate, presented Patsy Spaw, Secretary of the Senate, with a bouquet of yellow roses in appreciation of her dedication, commitment, and service to the Senate of the State of Texas. HOUSE CONCURRENT RESOLUTION 280 The President laid before the Senate the following resolution: WHEREAS, The Texas Legislature for each of the last 10 regular sessions has adopted a concurrent resolution authorizing the creation and appointment of joint interim legislative study committees by the lieutenant governor and speaker of the house of representatives; and WHEREAS, Renewal of the prior authorizations to the presiding officers enables the legislature to address and study issues that remain unresolved on sine die adjournment or that emerge subsequent to that time; and WHEREAS, It is also desirable to adopt by resolution various rules and policies regarding the operation of joint committees to supplement, and reconcile differences between, the senate and house rules of procedure; now, therefore, be it RESOLVED, That the 78th Legislature of the State of Texas hereby authorize the lieutenant governor and speaker of the house of representatives to create by mutual agreement such joint committees as they consider necessary during the term of this legislature; and, be it further RESOLVED, That each joint committee created pursuant to this resolution be composed of such combination of legislators, state officials, or citizen members as shall be determined mutually by the presiding officers of each house; and, be it further RESOLVED, That on the request of the presiding officers, the governor may appoint members to a joint committee created pursuant to this resolution; and, be it further RESOLVED, That the presiding officers issue for each committee so created a joint proclamation identifying the issue or issues to be studied and listing the committee membership or describing the committee composition and that the proclamation be filed with the secretary of the senate and the chief clerk of the house of representatives; and, be it further RESOLVED, That the presiding officers designate jointly a chair, or designate alternatively two cochairs, from among the committee membership; and, be it further RESOLVED, That the chair or cochairs, acting jointly and within four weeks of the proclamation, prepare and present to the presiding officers a proposal for budget and staffing; and, be it further 5080 78th Legislature — Regular Session 85th Day
RESOLVED, That the chair or cochairs be directed to use to the greatest extent possible the existing staff and administrative resources of committee members, standing committees, officers of the senate and house, and legislative service agencies; and, be it further RESOLVED, That the presiding officers jointly review each budget and staffing proposal, adopt budgetary and staffing allocations, and determine the manner in which each joint committee is to be funded; and, be it further RESOLVED, That the joint committee chair, or the cochairs acting by mutual agreement, have authority to create and appoint subcommittees or affiliated advisory panels and to designate respective chairs for each, contingent on the advance approval of the presiding officers for the creation and appointment of subcommittees or advisory panels containing membership external to the committee; and, be it further RESOLVED, That each joint committee, and its subcommittees and advisory panels, convene at the call of its chair or cochairs; provided that no joint committee, nor its subcommittees or advisory panels, shall convene in a public hearing or other meeting for the transaction of business unless public notice has been posted by its chair or cochairs at the locations specified by the senate and house rules of procedure for posting of notice of standing committee meetings at least five calendar days in advance of the hearing or meeting; and, be it further RESOLVED, That the preceding clause be construed, for purposes of Section 551.046, Government Code, as a joint rule of the senate and house of representatives controlling the posting of notice for joint committees, and their subcommittees and advisory panels, in lieu of required posting with the secretary of state; and, be it further RESOLVED, That each joint committee have authority to issue process as provided in Sections 301.024-301.027, Government Code, provided that any motion for the issuance of process must receive the record vote of at least two-thirds of those present and voting, a quorum being present; and, be it further RESOLVED, That each joint committee be entitled to accept grants and donations as provided by Subsections (b) and (c), Section 301.032, Government Code, and that, on expiration of a joint committee, any unexpended funds remaining from a grant or donation be transferred in equal proportions to the accounts of the senate and house of representatives unless otherwise provided by the grantor or donor; and, be it further RESOLVED, That each joint committee, except as modified by or pursuant to this resolution, have all other powers and duties provided to special committees by Subchapter B, Chapter 301, Government Code, and the senate and house rules of procedure; and, be it further RESOLVED, That the operating accounts for each joint committee created pursuant to this resolution and any grants and donations that such committee may receive be administered by the Texas Legislative Council; and, be it further RESOLVED, That the Texas Legislative Council prepare for review and approval by the presiding officers a manual of procedures for joint committees and other entities created by the legislature for which funds are to be administered by the Monday, June 2, 2003 SENATE JOURNAL 5081
Texas Legislative Council establishing requirements as to printing needs, accounting procedures, ultimate disposition of records, and other administrative and financial matters; and, be it further RESOLVED, That citizen members appointed by the lieutenant governor or speaker of the house of representatives to joint committees created pursuant to this resolution be reimbursed from funds appropriated to the Texas Legislative Council for expenses of transportation, meals, lodging, and incidentals for travel on official committee business, at rates established by the chair and vice chair of the Texas Legislative Council consistent with provisions of the General Appropriations Act; and, be it further RESOLVED, That citizen members appointed by the governor to joint committees created pursuant to this resolution be reimbursed from funds appropriated to the office of the governor for expenses of travel on official committee business, at rates established by the chair and vice chair of the Texas Legislative Council consistent with provisions of the General Appropriations Act; and, be it further RESOLVED, That citizen members appointed by the lieutenant governor to senate select committees and citizen members appointed by the speaker of the house of representatives to house committees expanded or created under House Rule 4, Sections 24, 57, and 58, when engaged in travel on official committee business, be reimbursed for (1) transportation expenses at the same rates as authorized for state employees by the General Appropriations Act, and (2) actual expenses for meals, lodging, and incidentals, subject to any maximum reimbursement limitations for meals and lodging set by the Senate Administration Committee for senate select committees and by the Committee on House Administration for house select committees; and, be it further RESOLVED, That the Texas Legislative Council be authorized to reimburse the senate and house of representatives for expenses incurred by members of the senate and house for transportation, meals, lodging, and incidentals for travel on official business of joint committees created pursuant to this resolution; and, be it further RESOLVED, That the final report of each joint committee be approved by a majority of the voting membership of the committee; dissenting voting members may attach statements to the final report subject to any limitations specified in the rules adopted by the committee; and, be it further RESOLVED, That each joint committee created pursuant to this resolution expire on January 11, 2005, or an earlier date specified in the proclamation creating the committee. HARRIS The resolution was read. On motion of Senator Harris, the resolution was considered immediately and was adopted without objection. 5082 78th Legislature — Regular Session 85th Day
SENATE RESOLUTION 1062 (Caucus Report) Senator Whitmire offered the following resolution: BE IT RESOLVED BY THE SENATE OF THE STATE OF TEXAS: SECTIONi1.iiCAUCUS REPORT. At a caucus held on June 2, 2003, and attended by 31 members of the senate, the caucus made the recommendations for the operation of the senate contained in this resolution. SECTIONi2.iiEMPLOYEES. (a)iiThe lieutenant governor may employ the employees necessary for the operation of the office of the lieutenant governor from the closing of this session and until the convening of the next session. The lieutenant governor and the secretary of the senate shall be furnished postage, telegraph, telephone, express, and all other expenses incident to their respective offices. (b)iiThe secretary of the senate shall be retained during the interval between adjournment of this session and the convening of the next session of the legislature. The secretary of the senate may employ the employees necessary for the operation of the senate and to perform duties as may be required in connection with the business of the state from the closing of this session and until the convening of the next session. (c)iiEach senator may employ secretarial and other office staff for the senator s’ office. (d)iiThe chairman of the administration committee is authorized to retain a sufficient number of staff employees to conclude the work of the enrolling clerk, calendar clerk, journal clerk, and sergeant-at-arms. The administration committee shall establish the salaries for the senate staff. SECTIONi3.iiSENATE OFFICERS. (a)iiThe following elected officers of the 78th Legislature shall serve for the interval between adjournment of this session and the convening of the next session of the legislature: (1)iiSecretary of the Senate–Patsy Spaw; (2)iiCalendar Clerk–Pat Rodgers; (3)iiDoorkeeper–Don Long; (4)iiEnrolling Clerk–Mardi Alexander; (5)iiJournal Clerk–Dianne Arrington; and (6)iiSergeant-at-Arms–Carleton Turner. (b)iiAll employees and elected officers of the senate shall operate under the direct supervision of the secretary of the senate during the interim. (c)iiOfficers named in this section serve at the will of the senate. SECTIONi4.iiDUTIES OF CHAIRMAN OF ADMINISTRATION COMMITTEE. (a)iiThe chairman of the administration committee shall place the senate chamber in order and purchase supplies and make all necessary repairs and improvements between the adjournment of this session and the convening of the next session of the legislature. (b)iiThe chairman shall make an inventory of all furniture and fixtures in the senate chamber and in the private offices of the members, as well as of the supplies and equipment on hand in the purchasing and supply department and shall close the books for the Regular Session of the 78th Legislature. (c)iiThe chairman shall not acquire any equipment on a rental/purchase plan unless the equipment is placed on the senate inventory at the termination of the plan. Monday, June 2, 2003 SENATE JOURNAL 5083
(d)iiThe chairman shall examine records and accounts payable out of the contingent expense fund as necessary to approve all claims and accounts against the senate, and no claim or account shall be paid without the consent and approval of the chairman. (e)iiThe chairman and any member of the administration committee shall be entitled to receive actual and necessary expenses incurred during the interim. (f)iiIn addition to the duties of the administration committee expressly imposed by this resolution, the committee shall take actions necessary to ensure that the administrative operations of the senate comply with applicable law and are conducted effectively and efficiently. SECTIONi5.iiJOURNAL. (a)iiThe secretary of the senate shall have 325 volumes of the Senate Journal of the Regular Session of the 78th Legislature printed. Two hundred and fifty copies shall be bound in buckram and delivered to the secretary of the senate who shall forward one volume to each member of the senate, the lieutenant governor, and each member of the house of representatives on request. (b)iiThe printing of the journals shall be done in accordance with the provisions of this resolution under the supervision of the chairman of the administration committee. The chairman shall refuse to receive or receipt for the journals until corrected and published in accordance with the preexisting law as finally approved by the chairman of the administration committee. When the accounts have been certified by the chairman of the administration committee, the accounts shall be paid out of the contingent expense fund of the 78th Legislature. SECTIONi6.iiPAYMENT OF SALARIES AND EXPENSES. (a)iiSalaries and expenses authorized by this resolution shall be paid out of the per diem and contingent expense fund of the 78th Legislature as provided by this section. (b)iiThe senate shall request the comptroller of public accounts to issue general revenue warrants for: (1)iipayment of the employees of the lieutenant governor s’ office, the lieutenant governor, members of the senate, employees of the senate committees, and employees of the senate, except as provided in Section 301.030, Government Code, upon presentation of the payroll account signed by the chairman of the administration committee and the secretary of the senate; and (2)iithe payment of materials, supplies, and expenses of the senate, including travel expenses for members and employees, upon vouchers signed by the chairman of the administration committee and the secretary of the senate. SECTIONi7.iiEXPENSE REIMBURSEMENT AND PER DIEM. (a)iiIn furtherance of the legislative duties and responsibilities of the senate, the administration committee shall charge to the individual member s’ office budget: (1)iithe reimbursement of all actual expenses incurred by the members when traveling in performance of legislative duties and responsibilities or incident to those duties; and (2)iithe payment of all other reasonable and necessary expenses for the operation of the office of the individual senator during any period the legislature is not in session. Expenditures for these services by the administration committee are authorized as an expense of the senate and shall not be restricted to Austin but may be incurred in individual senatorial districts. Such expenses shall be paid from funds 5084 78th Legislature — Regular Session 85th Day appropriated for the use of the senate on vouchers approved by the chairman of the administration committee and the secretary of the senate in accordance with regulations governing such expenditures. (b)iiEach senator shall be permitted to employ secretarial and other office staff and for intrastate travel expenses for staff employees a payroll of $34,000 per month for chairs and $34,000 per month for non-chairs. Any unexpended portion of this amount may be carried forward from month to month until the end of the fiscal year. Other expenses, including travel expenses or other reasonable and necessary expenses incurred in the furtherance and performance of legislative duties or in operation of the member s’ office or incident thereto, shall be provided in addition to the maximum salary authorized. (c)iiThe secretary of the senate may order reimbursement for legislative expenses consistent with this resolution and the establishment by the Texas Ethics Commission of per diem rates. (d)iiAny member of the senate and the lieutenant governor are eligible to receive such reimbursement on application of the member or the lieutenant governor to the secretary of the senate. (e)iiOn the application of a member of the senate or the lieutenant governor, the applicant shall be entitled to reimbursement for legislative expenses for each legislative day. (f)iiFor purposes of this section, a legislative day includes each day of a regular or special session of the legislature, including any day the legislature is not in session for a period of four consecutive days or less, and all days the legislature is not in session if the senator or lieutenant governor attends a meeting of a joint, special, or legislative committee as evidenced by the official record of the body, and each day, limited to 12 days per month for non-chairs or 16 days per month for chairs and the lieutenant governor, the senator or the lieutenant governor, including those living within a 50-mile radius, is otherwise engaged in legislative business as evidenced by claims submitted to the chairman of the administration committee. SECTIONi8.iiMEMBER S’ EMPLOYEE LEAVE POLICY. (a)iiAn employee of a senator accrues vacation leave, compensatory leave, or sick leave in accordance with policies adopted by the senator consistent with the requirements of this section. (b)iiAn employee may accrue vacation leave, compensatory leave, or sick leave only if the employee files a monthly time record with the senate human resources office. Time records are due not later than the 10th day of the following month. (c)iiCompensatory time must be used not later than the last day of the 12th month following the month in which the time was accrued. (d)iiAn employee is not entitled to compensation for accrued but unused compensatory time. SECTIONi9.iiDESIGNATION FOR ATTENDANCE AT MEETINGS AND FUNCTIONS. (a)iiThe lieutenant governor may appoint any member of the senate, the secretary of the senate, or any other senate employee to attend meetings of the National Conference of State Legislatures and other similar meetings. Necessary and actual expenses are authorized upon the approval of the chairman of the administration committee and the secretary of the senate. Monday, June 2, 2003 SENATE JOURNAL 5085
(b)iiThe lieutenant governor may designate a member of the senate to represent the senate at ceremonies and ceremonial functions. The necessary expenses of the senator and necessary staff for this purpose shall be paid pursuant to a budget approved by the administration committee. SECTIONi10.iiMEETINGS DURING INTERIM. (a)ii Each of the standing committees and subcommittees of the senate of the 78th Legislature may continue to meet at such times and places during the interim as determined by such committees and subcommittees and to hold hearings, recommend legislation, and perform research on matters directed either by resolution, the lieutenant governor, or as determined by majority vote of each committee. (b)iiEach continuing committee and subcommittee shall continue to function under the rules adopted during the legislative session where applicable. (c)iiExpenses for the operation of these committees and subcommittees shall be paid pursuant to a budget prepared by each committee and approved by the administration committee. (d)iiThe operating expenses of these committees shall be paid from the contingent expense fund of the senate, and committee members shall be reimbursed for their actual expenses incurred in carrying out the duties of the committees. SECTIONi11.iiSENATE OFFICES. Members not returning for the 79th Legislature shall vacate their senate offices by December 15, 2004. SECTIONi12.iiFURNISHING OF INFORMATION BY SENATE EMPLOYEE.iiAn employee of the senate may not furnish any information to any person, firm, or corporation other than general information pertaining to the senate and routinely furnished to the public. SECTIONi13.iiOUTSIDE EMPLOYMENT. An employee of the senate may not be employed by and receive compensation from any other person, firm, or corporation during the employee s’ senate employment without the permission of the employee s’ senate employer. SECTIONi14.iiREMOVAL OF SENATE PROPERTY. The secretary of the senate is specifically directed not to permit the removal of any of the property of the senate from the senate chamber or the rooms of the senate except as authorized by the chairman of the administration committee. The resolution was read and was adopted without objection. HOUSE CONCURRENT RESOLUTION 284 The President laid before the Senate the following resolution: WHEREAS, HBi2319 has been adopted by the house of representatives and the senate and is being prepared for enrollment; and WHEREAS, The bill contains technical errors that should be corrected; now, therefore, be it RESOLVED by the 78th Legislature of the State of Texas that the enrolling clerk of the house of representatives be instructed to correct House Bill No. 2319 at the end of Section 61.002(a)(9), Family Code, as added by SECTION 28 of the bill, by striking "54.041(g)" and substituting "54.041(f)". WEST The resolution was read. On motion of Senator West, the resolution was considered immediately and was adopted without objection. 5086 78th Legislature — Regular Session 85th Day
HOUSE CONCURRENT RESOLUTION 293 The President laid before the Senate the following resolution: WHEREAS, HBi425 has been adopted by the house of representatives and the senate and is being prepared for enrollment; and WHEREAS, The bill contains technical errors that should be corrected; now, therefore, be it RESOLVED by the 78th Legislature of the State of Texas, That the enrolling clerk of the house of representatives be instructed to correct House Bill No. 425 by inserting page six, which was inadvertently omitted from the conference committee report as adopted, to read as follows: officer or employee responsible for preparing or approving the note and stating for each year of the first five years that the rule will be in effect: (A)iithe additional estimated cost to the state and to local governments expected as a result of enforcing or administering the rule; (B)iithe estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rule; (C)iithe estimated loss or increase in revenue to the state or to local governments as a result of enforcing or administering the rule; and (D)iiif applicable, that enforcing or administering the rule does not have foreseeable implications relating to cost or revenues of the state or local governments; (5)iia note about public benefits and costs showing the name and title of the officer or employee responsible for preparing or approving the note and stating for each year of the first five years that the rule will be in effect: (A)iithe public benefits expected as a result of adoption of the proposed rule; and (B)iithe probable economic cost to persons required to comply with the rule; (6)iithe local employment impact statement prepared under Section 2001.022, if required; WEST The resolution was read. On motion of Senator West, the resolution was considered immediately and was adopted without objection. SENATE RESOLUTION 1012 Senator Barrientos offered the following resolution: WHEREAS, The Senate of the State of Texas is pleased to pay tribute to former State Senator O. H. "Ike" Harris on the grand occasion of his 70th birthday on June 5, 2003; and WHEREAS, Ike Harris was born in Pittsburg, Texas, and "raised on Pittsburg Hot Links"; he was elected to the Texas House of Representatives in 1962 and to the Texas Senate in 1967, where he served until 1995; and Monday, June 2, 2003 SENATE JOURNAL 5087
WHEREAS, Senator Harris earned a degree in 1960 from Southern Methodist University School of Law, where he was president of the law school and student body and a member of Cycen Fjodr, a men s’ honorary society, and Barristers, a legal honorary society; and WHEREAS, He was admitted to the State Bar of Texas in 1960 and was admitted to practice before the United States District Court, the Northern District of Texas, the United States Court of Appeals, Fifth Circuit, and the United States Supreme Court; and WHEREAS, During his 27 years in the Senate, he served on numerous committees and was chairman of the State Affairs, Economic Development, and Jurisprudence committees and vice chairman of the Committee of the Whole on Redistricting and of the Ethics and Elections and Nominations committees; he also served as the vice chairman of the Sunset Advisory Commission; and WHEREAS, Senator Harris was a member of the National Conference of State Legislatures, the Texas Judicial Council, the Legislative Natural Resources Board, and the Legislative Budget Board; he was an alternate member of the Commerce, Labor, and Regulation Committee; and WHEREAS, He was successful in passing legislation on interstate banking and branch banking, pari-mutuel wagering, and insurance reform, and he led the efforts that succeeded in making The University of Texas at Dallas a four-year institution of higher education; Senator Harris was elected president pro tempore of the Senate during the interim of the 63rd Legislature and served as Dean of the Senate during the 73rd legislative session; and WHEREAS, As an attorney, his area of practice is in business and administrative law, and he has served as the principal lobbyist for numerous business organizations dealing with a wide variety of policy issues, including taxation, economic and industrial development, oil and gas, education, and property interests; and WHEREAS, Ike Harris has been an honorable and dedicated public servant and is an esteemed attorney in the Austin community, and his many accomplishments are a source of much pride to the Senate and the State of Texas; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 78th Legislature, hereby recognize O. H. "Ike" Harris as a treasured citizen of Austin and the State of Texas and extend best wishes to him on his 70th birthday; and, be it further RESOLVED, That a copy of this Resolution be prepared for him as a token of esteem from the Texas Senate. The resolution was again read. The resolution was previously adopted on Friday, May 30, 2003. GUEST PRESENTED Senator Barrientos was recognized and introduced to the Senate former Senator O.iH. "Ike" Harris of Fort Worth. The Senate welcomed its guest. 5088 78th Legislature — Regular Session 85th Day
SENATE CONCURRENT RESOLUTION 66 The President laid before the Senate the following resolution: WHEREAS, HBi2415 has been adopted by the senate and the house of representatives and is being prepared for enrollment; and WHEREAS, The bill contains technical errors that should be corrected; now, therefore, be it RESOLVED by the 78th Legislature of the State of Texas, That the enrolling clerk of the house of representatives be instructed to correct House Bill No. 2415, in SECTION 1 of the bill, by striking Sections 304.003(c)(2) and (3), Finance Code, as amended by the bill, and substituting the following: (2)iifive [10] percent a year if the prime rate as published by the Federal Reserve Bank of New York [auction rate] described by Subdivision (1) is less than five [10] percent; or (3)ii15 [20] percent a year if the prime rate as published by the Federal Reserve Bank of New York [auction rate] described by Subdivision (1) is more than 15 [20] percent. AVERITT The resolution was read. On motion of Senator Averitt, the resolution was considered immediately and was adopted without objection. SENATE CONCURRENT RESOLUTION 63 The President laid before the Senate the following resolution: WHEREAS, SBi1701 has been adopted by the Texas senate and the house of representatives and is being prepared for enrollment; and WHEREAS, The bill contains technical errors that should be corrected; now, therefore, be it RESOLVED by the 78th Legislature of the State of Texas, That the enrolling clerk of the senate be instructed to correct Senate Bill No. 1701, in SECTION 23 of the bill, as added by House Committee Amendment No. 1 by Allen, in the third sentence of Subsection (b), Section 2055.061, Government Code, by striking "this Act" and substituting "the legislature". WENTWORTH The resolution was read. On motion of Senator Wentworth, the resolution was considered immediately and was adopted without objection. Monday, June 2, 2003 SENATE JOURNAL 5089
MESSAGE FROM THE HOUSE HOUSE CHAMBER Austin, Texas June 2, 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 304, Instructing the enrolling clerk of the house to make technical corrections to H.B. No. 3459. HCR 305, Instructing the enrolling clerk of the house to make corrections in H.B.iNo.i2292. Respectfully, /s/Robert Haney, Chief Clerk House of Representatives PRESENTATION Senator Barrientos, on behalf of the Members of the Senate, presented Charles "Slick" Neal and JimmieiL. Gooden with a gift to show appreciation for their loyalty, dedication, and dependability. HOUSE CONCURRENT RESOLUTION 302 The President laid before the Senate the following resolution: WHEREAS, HBi3459 has been adopted by the house of representatives and the senate; and WHEREAS, The bill contains technical and typographical errors that should be corrected; now, therefore, be it RESOLVED by the 78th Legislature of the State of Texas, That the enrolling clerk of the house of representatives be instructed to make the following corrections: In SECTION 3 of the bill, at the end of Subdivision (3) (conference committee report, page 2, line 23), insert "with Subdivision (1) of this section has become law.". In SECTION 24 of the bill, following proposed Section 34.007(b)(2)(A), Education Code (conference committee report, page 21), insert the following: (B)iithe residence of a grandparent of the child. In SECTION 63 of the bill (conference committee report, page 61), in Subsection (c) of that section, strike "December" and substitute "June". In SECTION 63 of the bill (conference committee report, page 61), in Subsection (c) of that section, strike the second sentence. In SECTION 64 of the bill (conference committee report, page 61), strike "11.064" and substitute "11.164". 5090 78th Legislature — Regular Session 85th Day
In SECTION 65 of the bill (conference committee report, page 62, line 8), strike "SECTION 65. (a)" and substitute "SECTION 65.". In SECTION 65 of the bill (conference committee report, page 62), in the first sentence of the SECTION, strike "consolidated" and substitute "consolidation". In SECTION 65 of the bill (conference committee report, page 62), in the second sentence of the SECTION, strike "consolidated" and substitute "consolidation". In SECTION 68 of the bill, in the first sentence of the section (conference committee report, page 64), strike "$25.81" and substitute "$27.14". In SECTION 68 of the bill, in the second sentence of the SECTION (conference committee report, page 64), strike "This subsection" and substitute "This section". If the SECTIONS of H.B. No. 3459 are renumbered in enrollment, the enrolling clerk shall renumber the SECTIONS described by SECTION 77 of the bill so that the changes in law made by the bill to Sections 31.021(b), 32.005, 43.001(b), and 43.020, Education Code, and Sections 57.046 and 57.048(c) and (d), Utilities Code, take effect immediately, as provided by SECTION 77 of the bill. BIVINS The resolution was read. On motion of Senator Bivins, the resolution was considered immediately and was adopted without objection. HOUSE CONCURRENT RESOLUTION 289 The President laid before the Senate the following resolution: WHEREAS, HBi2343 has been adopted by the house of representatives and the senate and is being prepared for enrollment; and WHEREAS, The bill contains technical errors that should be corrected; now, therefore, be it RESOLVED by the 78th Legislature of the State of Texas, That the enrolling clerk of the house of representatives be instructed to make the following corrections: (1)iiIn SECTION 1(b) of the bill, strike "If Walker County uses the property for any purpose other than a purpose that benefits the public interest of the state," and substitute "If Walker County uses the property for any purpose other than the construction and operation of a museum that memorializes veterans,". (2)iiIn SECTION 1(c)(1)(A) of the bill, strike "Walker County may use the property only for a purpose that benefits the public interest of the state" and substitute "Walker County shall use the property only for the construction and operation of a museum that memorializes veterans". OGDEN The resolution was read. On motion of Senator Ogden, the resolution was considered immediately and was adopted without objection. Monday, June 2, 2003 SENATE JOURNAL 5091
HOUSE CONCURRENT RESOLUTION 294 The President laid before the Senate the following resolution: WHEREAS, HBi2044 has been adopted by the house of representatives and the senate and is being prepared for enrollment; and WHEREAS, The bill contains technical errors that should be corrected; now, therefore, be it RESOLVED by the 78th Legislature of the State of Texas, That the enrolling clerk of the house be instructed to correct House Bill No. 2044 as follows: Insert the following appropriately numbered SECTION into the bill and renumber existing SECTIONS of the bill accordingly: SECTIONi____.ii(a) On or before January 1, 2004, the School Land Board shall approve a patent to release all of the state s’ interest in the land described by Subsection (b) of this section, excluding mineral rights, to a person holding the land under a contract for deed with the Veterans ’Land Board on January 1, 1964, or an heir or assign of that person, in exchange for consideration in an amount determined by the School Land Board in consultation with the Veterans ’Land Board. (b)iiThis section applies to the tract of land described as follows: that 35.686 acre tract in that certain Judgement under cause No. 75-49, The Veterans Land Board of the State of Texas vs. Alice Christian, in the 4th Judicial District Court of Rusk County, Texas and in that certain judgement in Cause No. 55,765, State vs. Humble Oil, et al in the 98th District Court of Travis County, Texas; Said 117.436 acre tract is also further described in that Contract of Sale to said GRANTEE(s) dated October 14, 1963, recorded in Volume 782, Page 46, Deed Records of said County, Texas. (c)iiThe School Land Board, in determining the appropriate price for the sale of land described by this section, shall consider the title dispute and the history of the prior transactions. (d)iiThis section expires January 1, 2006. STAPLES The resolution was read. On motion of Senator Staples, the resolution was considered immediately and was adopted without objection. HOUSE CONCURRENT RESOLUTION 300 The President laid before the Senate the following resolution: WHEREAS, HBi1365 has been adopted by the house of representatives and the senate; and WHEREAS, The bill contains technical and typographical errors that should be corrected; now, therefore, be it RESOLVED by the 78th Legislature of the State of Texas, That the enrolling clerk of the house of representatives be instructed to make the following correction: 5092 78th Legislature — Regular Session 85th Day
In SECTION 24 of the bill, in Section 501.138(a)(3), Transportation Code, strike "$15" and substitute "$28". HARRIS The resolution was read. On motion of Senator Harris, the resolution was considered immediately and was adopted without objection. HOUSE CONCURRENT RESOLUTION 290 The President laid before the Senate the following resolution: WHEREAS, HBi2425 has been adopted by the house of representatives and the senate and is being prepared for enrollment; and WHEREAS, The bill contains technical errors that should be corrected; now, therefore, be it RESOLVED by the 78th Legislature of the State of Texas, That the enrolling clerk of the house of representatives be instructed to correct House Bill No. 2425 as follows: (1)iiIn Section 19(f), Article 42.12, Code of Criminal Procedure, as amended by SECTION 3 of the bill, strike "to the credit of the sexual assault program established under Section 44.0061, Health and Safety Code." and substitute "to the credit of the sexual assault program fund established under Section 420.008, Government [44.0061, Health and Safety] Code.". (2)iiIn Section 661.152(e), Government Code, as amended by Senate Floor Amendment No. 7, strike "subsection, "duty" means" and substitute "subsection, "duty day" means". (3)iiIn Section 661.202(b), Government Code, as amended by Senate Floor Amendment No. 7, strike "subsection, "duty" means" and substitute "subsection, "duty day" means". (4)iiStrike Section 403.413(b), Government Code, as amended by Senate Floor Amendment No. 12, and substitute the following: (b)iiIn determining eligible products and [small] businesses, the board shall give special preference to products or businesses in the areas of semiconductors, nanotechnology, biotechnology, and biomedicine that have the greatest likelihood of commercial success, job creation, and job retention in this state. The board shall give further preference to providing financing to projects or businesses that are: (1)iigrantees under the small business innovation research program established under 15 U.S.C. Section 638, as amended; (2)iicompanies formed in this state to commercialize research funded at least in part with state funds; (3)iiapplicants that have acquired other sources of financing; (4)iicompanies formed in this state and receiving assistance from designated state small business development centers; or Monday, June 2, 2003 SENATE JOURNAL 5093
(5)iiapplicants who are residents of this state doing business in this state and performing financed activities predominantly in this state. DUNCAN The resolution was read. On motion of Senator Duncan, the resolution was considered immediately and was adopted without objection. HOUSE CONCURRENT RESOLUTION 283 The President laid before the Senate the following resolution: WHEREAS, HBi730 has been adopted by the house of representatives and the senate; and WHEREAS, The bill contains technical and typographical errors that should be corrected; now, therefore, be it RESOLVED by the 78th Legislature of the State of Texas, That the enrolling clerk of the house of representatives be instructed to make the following correction: In SECTION 1.01 of the bill, in added Section 437.001, Property Code, strike Subsection (a) and substitute the following: (a)iiIf an arbitration award is filed in a court of competent jurisdiction in this state, the filer shall also, not later than the 30th day after the date an award is made in a residential construction arbitration, file with the commission a summary of the arbitration award that includes: (1)iithe names of the parties to the dispute; (2)iithe name of each party s’ attorney, if any; (3)iithe name of the arbitrator who conducted the arbitration; (4)iithe name of the arbitration services provider who administered the arbitration, if any; (5)iithe fee charged to conduct the arbitration; (6)iia general statement of each issue in dispute; (7)iithe arbitrator s’ determination, including the party that prevailed in each issue in dispute and the amount of any monetary award; and (8)iithe date of the arbitrator s’ award. FRASER The resolution was read. On motion of Senator Fraser, the resolution was considered immediately and was adopted without objection. HOUSE CONCURRENT RESOLUTION 299 The President laid before the Senate the following resolution: WHEREAS, HBi4 has been adopted by the house of representatives and the senate and is being prepared for enrollment; and WHEREAS, The bill contains technical errors that should be corrected; now, therefore, be it RESOLVED by the 78th Legislature of the State of Texas, That the enrolling clerk of the house be instructed to correct House Bill No. 4 as follows: 5094 78th Legislature — Regular Session 85th Day
(1)iiOn page 63, line 26, between "the" and "health", insert "physician or". (2)iiOn page 64, line 11, between "$250,000" and the period, insert "for each claimant". (3)iiOn page 64, line 17, between "$250,000" and "and", insert "for each claimant". (4)iiOn page 64, line 21, between "$500,000" and the period, insert "for each claimant". (5)iiOn page 65, line 3, between "the" and "health", insert "physician or". (6)iiOn page 65, line 16, between "$250,000" and the period, insert "for each claimant". (7)iiOn page 65, line 22, between "$250,000" and "and", insert "for each claimant". (8)iiOn page 65, line 26, between "$500,000" and the period, insert "for each claimant". (9)iiOn page 26, line 9, after the word "fact.", strike the remaining sentence and add a new Subsection (d) to read as follows: "An election made under Subsection (c) shall be made by any defendant filing a written election before the issues of the action are submitted to the trier of fact and, when made, shall be binding on all defendants. If no defendant makes this election or if conflicting elections are made, all defendants are considered to have elected Subsection (c)(1)." RATLIFF The resolution was read. On motion of Senator Ratliff, the resolution was considered immediately and was adopted without objection. SENATE CONCURRENT RESOLUTION 64 The President laid before the Senate the following resolution: WHEREAS, The Honorable Paul C. Moreno has established an outstanding record of service not only to the members of his community but to Texans everywhere during his longstanding tenure in the Texas Legislature; and WHEREAS, Mr. Moreno was born on April 28, 1931, and has been a lifelong resident of El Paso County where he received both his primary and secondary education from the El Paso Independent School District in South El Paso and then went on to serve six years in the United States Marine Corps, his tour of duty being with the 1st Marine Division in Korea; and WHEREAS, As a result of his participation in Korea, and as a tribute to his service to the country, Mr. Moreno was awarded the following citations: 1.iiU.S. Presidential Unit Citation with Two Bronze Stars 2.iiKorean Presidential Unit Citation with one Oak Leaf Cluster 3.iiKorean Service Medal with one Silver and One Bronze Star 4.iiThe National Defense Service Medal 5.iiGood Conduct Medal; and WHEREAS, After earning his B.B.A. degree at Texas Western College, now known as The University of Texas at El Paso, Mr. Moreno went on to The University of Texas Law School where he prepared for what would become a long and Monday, June 2, 2003 SENATE JOURNAL 5095 distinguished career of dedicated public service, and is currently a member of the State Bar of Texas, the El Paso Bar Association, the American Judicature Society, and was co-founder of the El Paso Legal Assistance; and WHEREAS, He won his first election in 1966 at a time when Mexican-American legislators were few in numbers and lacking in influence; today he is considered the "Watch Dog" and the "Conscience of the House" by his peers and is looked on by the members of the Mexican-American Legislative Caucus as a mentor and role model who has broken down barriers and opened doors of opportunity for them as well as for members of the communities they represent; and WHEREAS, A passionate and outspoken advocate for the poor, the disabled, the disenfranchised, and education, he sought and received committee assignments that allowed him to represent constituencies whose voices are not always among the most powerful; currently a member of the Juvenile Justice and Family Issues Committee, he has also served in recent sessions on the Appropriations Committee as well as the Committee on Higher Education; and WHEREAS, Now an elder statesman serving his 18th term in the House of Representatives and the second most senior House member, Representative Moreno rightfully has earned the esteem of his constituents and of his colleagues through the years of his forthright and uncompromising approach to the ideals of public service; and WHEREAS, His achievements as the longest-serving Mexican-American legislator in Texas history are worthy of recognition, and his colleagues have proposed naming the state office building in El Paso in his honor as a fitting tribute; now, therefore, be it RESOLVED, That the 78th Legislature of the State of Texas hereby extend its appreciation to State Representative Paul C. Moreno for his years of devotion to public service and encourage the Texas Building and Procurement Commission to name the state office building in El Paso the Paul C. Moreno State Office Building; and, be it further RESOLVED, That the secretary of state forward an official copy of this resolution to the chair and executive director of the Texas Building and Procurement Commission. SHAPLEIGH The resolution was read. On motion of Senator Whitmire and by unanimous consent, the names of the Lieutenant Governor and Senators were added to the resolution as signers thereof. On motion of Senator Shapleigh, the resolution was considered immediately and was adopted without objection. SENATE CONCURRENT RESOLUTION 71 The President laid before the Senate the following resolution: WHEREAS, SBi1652 has passed the senate and the house of representatives and is being prepared for enrollment; and WHEREAS, The bill contains technical errors that should be corrected; now, therefore, be it 5096 78th Legislature — Regular Session 85th Day
RESOLVED by the 78th Legislature of the State of Texas, That the enrolling clerk of the senate be instructed to make the following correction: Add a new Article 9 to the bill to read as follows, renumber existing Article 9 as Article 10, and renumber the sections of existing Article 9 accordingly: ARTICLE 9. SECURITY OFFICERS SECTIONi9.01.ii(a)iiSection 51.214, Education Code, is amended to read as follows: Sec.i51.214.iiSECURITY OFFICERS FOR MEDICAL CORPORATIONS IN CERTAIN MUNICIPALITIES. (a) In any municipality with a population of 1.18 million or more, the governing board of a private, nonprofit medical corporation that provides security services for an institution of higher education or a private postsecondary educational institution and other entities located within the same medical complex, or that provides security services for a branch of that medical corporation [complex], may employ and commission security personnel to enforce the law of this state within the jurisdiction designated by Subsection (c) [at the medical complex and its branches]. (b)iiAn officer commissioned under this section may make arrests and has all the powers, privileges, and immunities of a peace officer while [on the property under the control and jurisdiction of the medical corporation or while otherwise] performing the officer s’ [his] assigned duties within the jurisdiction designated by Subsection (c). An officer assigned to duty and commissioned shall take and file the oath required of peace officers and shall execute and file a good and sufficient bond in the sum of $1,000, payable to the governor, with two or more good and sufficient sureties, conditioned that the officer [he] will fairly, impartially, and faithfully perform the duties required of the officer [him] by law. The bond may be sued on from time to time in the name of the person injured until the whole amount is recovered. (c)iiThe jurisdiction of an officer commissioned under this section is limited to: (1)iiproperty owned, leased, managed, or controlled by the medical corporation; and (2)iia street or alley that abuts the property or an easement in or a right-of-way over or through the property. (d)iiAn officer commissioned by a medical corporation under this section is not entitled to compensation or benefits provided by this state or a political subdivision of this state. (e)iiThe state or a political subdivision of this state is not liable for an act or omission of an officer commissioned under this section during the performance of the officer s’ assigned duties. (f)iiA medical corporation may not commission a person under this section unless the person obtains a peace officer license issued by the Commission on Law Enforcement Officer Standards and Education. The medical corporation shall pay to the Commission on Law Enforcement Officer Standards and Education on behalf of an employee any fees that are necessary to obtain a required license. (g)iiA person s’ commission and any authority to act as an officer under this section are automatically revoked if the person s’ employment with a medical corporation is terminated for any reason. (b)iiThis section takes effect September 1, 2003. Monday, June 2, 2003 SENATE JOURNAL 5097
(c)iiA person commissioned before the effective date of this section by a private nonprofit medical corporation under Section 51.214, Education Code, must obtain a peace officer license issued by the Commission on Law Enforcement Officer Standards and Education not later than September 1, 2004. If that person does not obtain the license by that date, the person s’ commission and any authority to act as an officer under Section 51.214, Education Code, as amended by this section, are automatically revoked. WEST The resolution was read. On motion of Senator West, the resolution was considered immediately and was adopted without objection. SENATE CONCURRENT RESOLUTION 73 The President laid before the Senate the following resolution: WHEREAS, SBi14 has been adopted by the senate and the house of representatives and is being prepared for enrollment; and WHEREAS, The bill contains technical errors that should be corrected; now, therefore, be it RESOLVED, by the 78th Legislature of the State of Texas, That the enrolling clerk of the senate be instructed to correct Senate Bill No. 14, as follows: (1)iiIn SECTION 1.01 of the bill, in added Subchapter U, Chapter 5, Insurance Code, insert a new Article 5.172 to read as follows: Art.i5.172.iiAPPLICATION TO CERTAIN INSURERS. Notwithstanding Sections 912.002, 941.003, 942.003, or any other provision of this code, this subchapter does not apply to a county mutual insurance company, a Lloyd s’ plan, and a reciprocal or interinsurance exchange, before Januaryi1, 2004. (2)iiIn SECTION 3.01 of the bill, in added Section 3(a)(1), Article 21.49-2U, Insurance Code, strike "as that term is used under Article 21.21-6 of this code, as added by Chapter 415, Acts of the 74th Legislature, Regular Session, 1995;" and substitute "as that term is used under: (A)iiArticle 21.21-6 of this code, as added by Chapter 415, Acts of the 74th Legislature, Regular Session, 1995; or (B)iiArticle 21.21-8 of this code;". (3)iiIn SECTION 3.01 of the bill, in added Section 7(a), Article 21.49-2U, Insurance Code, strike "as prohibited by Article 21.21-6 of this code, as added by Chapter 415, Acts of the 74th Legislature, Regular Session, 1995." and substitute "as prohibited by: (A)iiArticle 21.21-6 of this code, as added by Chapter 415, Acts of the 74th Legislature, Regular Session, 1995; or (B)iiArticle 21.21-8 of this code.". (4)iiIn SECTION 3.01 of the bill, in added Section 7(d), Article 21.49-2U, Insurance Code, strike "insurer shall require its agents to disclose" and substitute "insurer or its agents shall disclose". 5098 78th Legislature — Regular Session 85th Day
(5)iiIn SECTION 3.01 of the bill, in added Section 9, Article 21.49-2U, Insurance Code, in the first sentence of that section, strike "insurer s’ scoring models" and substitute "credit scoring models". (6)iiIn SECTION 6.08 of the bill, in added Section 13(f), Article 5.13-2, Insurance Code, in the first sentence of that section, strike "only at nonstandard rates is not subject" and substitute "only at nonstandard rates is subject". (7)iiIn SECTION 6.13 of the bill, strike "Sections 13, 14, and 15" and substitute "Sections 14 and 15". (8)iiIn SECTION 7.01 of the bill, in added Section 3(a), Article 5.13-2C, Insurance Code, strike ", as effective on and after September 1, 2004". (9)iiIn SECTION 8.02 of the bill, in added Article 21.49-2V, Insurance Code, between "POLICY." and "Except as otherwise", insert "(a)". (10)iiIn SECTION 8.02 of the bill, in added Article 21.49-2V, Insurance Code, insert Subsection (b) to read as follows: (b)iiFor purposes of this article, "insurer" includes a county mutual insurance company, a Lloyd s’ plan, and a reciprocal or interinsurance exchange. (11)iiIn SECTION 10.01 of the bill, in amended Section 3(f), Article 21.49, Insurance Code, in the last sentence of that subsection, strike "all structures, other than" and substitute "all residential structures, other than". (12)iiIn SECTION 21.40(a) of the bill, in added Section 912.002(c), Insurance Code, in the first sentence of that subsection, strike "is subject to Subchapter Q, Chapter 5." and substitute "is subject to Subchapters Q and U, Chapter 5.". (13)iiIn SECTION 21.40 of the bill, in added Section 912.002(c), Insurance Code, in the third sentence of that subsection, strike "is subject to Subchapter O, Chapter 5." and substitute "is subject to Subchapter U, Chapter 5.". (14)iiIn SECTION 21.43(a) of the bill, amending Section 941.003(b)(3), Insurance Code, strike "A, O, Q, and T," and substitute "A, Q, T, and U,". (15)iiIn SECTION 21.44(a) of the bill, amending Section 942.003(b)(3), Insurance Code, strike "A, O, Q, and T," and substitute "A, Q, T, and U,". JACKSON The resolution was read. On motion of Senator Jackson, the resolution was considered immediately and was adopted without objection. SENATE CONCURRENT RESOLUTION 72 The President laid before the Senate the following resolution: WHEREAS, SBi286 has been adopted by the Texas senate and the house of representatives and is being prepared for enrollment; and WHEREAS, The bill contains technical errors that should be corrected; now, therefore, be it RESOLVED by the 78th Legislature of the State of Texas, That the enrolling clerk of the senate be instructed to correct Senate Bill No. 286, in SECTION 50 of the bill, by striking Subsection (b), Section 130.0012, Education Code (Conference Committee Report page 44, lines 18-26), and substituting the following: Monday, June 2, 2003 SENATE JOURNAL 5099
(b)iiThe coordinating board shall operate the pilot project at three public junior colleges, as determined by the coordinating board. SHAPLEIGH The resolution was read. On motion of Senator Shapleigh, the resolution was considered immediately and was adopted without objection. HOUSE CONCURRENT RESOLUTION 305 The President laid before the Senate the following resolution: WHEREAS, HBi2292 has been adopted by the house of representatives and the senate and is being prepared for enrollment; and WHEREAS, The bill contains technical errors that should be corrected; now, therefore, be it RESOLVED, by the 78th Legislature of the State of Texas, That the enrolling clerk of the house of representatives be instructed to correct House Bill No. 2292 as follows: (1)iiStrike SECTION 1.17 of the bill and substitute the following: SECTIONi1.17.iiINITIAL COUNCIL AND COMMITTEE MEETINGS. The presiding officers of the councils for each state agency created under this article, the Family and Protective Services Council and the Health and Human Services Council, and the presiding officer of the Health and Human Services Transition Legislative Oversight Committee shall call the initial meeting of the applicable council or committee as soon as possible after the council or committee members are appointed. (2)iiIn SECTION 1.18(f) of the bill, strike "Subsection (a)(2)(D)" and substitute "Subsection (a)(2)(E)". (3)iiIn SECTION 1.25(b)(1)(A) of the bill, strike "Health and Human Services Transition Legislative Oversight Council" and substitute "Health and Human Services Transition Legislative Oversight Committee". (4)iiStrike Section 62.102(a), Health and Safety Code, as amended by SECTION 2.48 of the bill, and substitute the following: (a)iiThe commission shall provide that an individual who is determined to be eligible for coverage under the child health plan remains eligible for those benefits until the earlier of: (1)iithe end of a period, not to exceed 12 months, following the date of the eligibility determination; or (2)iithe individual s’ 19th birthday. (5)iiIn Section 533.0355(b)(3), Health and Safety Code, as added by SECTION 2.76 of the bill, strike "Subsection (c)(4)" and substitute "Subsection (c)(3)". (6)iiIn SECTION 2.192(b) of the bill, strike "serving on the council" and substitute "serving on the statewide health coordinating council". (7)iiIn Section 142.0062(a), Health and Safety Code, as amended by SECTION 2.195 of the bill, strike Subdivision (3) and substitute the following: (3)iituberculin purified protein derivative for tuberculosis testing; and 5100 78th Legislature — Regular Session 85th Day
(8)iiIn Section 250.001(3)(J), Health and Safety Code, as amended by SECTION 2.198 of the bill, strike "(J)" and substitute "(I)". NELSON The resolution was read. On motion of Senator Nelson, the resolution was considered immediately and was adopted without objection. HOUSE CONCURRENT RESOLUTION 292 The President laid before the Senate the following resolution: WHEREAS, HBi3441 has been adopted by the house of representatives and the senate and is being prepared for enrollment; and WHEREAS, The resolution contains technical errors that should be corrected; now, therefore, be it RESOLVED by the 78th Legislature of the State of Texas, That the enrolling clerk of the house of representatives be instructed to correct House Bill No. 3441 as follows: (1)iiStrike the section of the bill amending Section 412.016(b), Government Code. (2)iiIn the section of the bill that provides for the expiration of the current terms of the Crime Victims ’ Institute Advisory Council and the appointment of new members of the council, as added by the Armbrister second reading amendment, strike "the effective date of this Act" at each place the phrase occurs and substitute "September 1, 2003". (3)iiIn the section of the bill providing for the transfer of the powers, duties, property, and appropriations of the Crime Victims ’ Institute, as added by the Armbrister second reading amendment, strike "the effective date of this Act" and substitute "September 1, 2003". (4)iiStrike the section added by the Armbrister second reading amendment that provides a September 1, 2003, effective date for the bill. (5)iiStrike the section of the bill repealing provisions of the Government Code, Labor Code, and Property Code, as added by the Barrientos second reading amendment. (6)iiIn the section of the bill requiring certification of the Texas Workforce Commission Civil Rights Division by the appropriate federal agency, as added by the Barrientos second reading amendment, strike "This Act shall take effect upon" and substitute "The changes in law made by this Act by the abolition of the Commission on Human Rights and transfer of that agency s’ responsibilities to the Texas Workforce Commission take effect on". (7)iiStrike the section of the bill providing for the abolition of the Commission on Human Rights and the transfer of the powers, duties, property, and money to the attorney general s’ civil rights division. (8)iiStrike the section of the bill requiring the appointment of new members to the Commission on Human Rights established under Subchapter D, Chapter 402, Government Code. Monday, June 2, 2003 SENATE JOURNAL 5101
(9)iiRenumber the sections of the bill by placing the sections of the bill in the appropriate order. STAPLES The resolution was read. On motion of Senator Staples, the resolution was considered immediately and was adopted without objection. MOTION IN WRITING Senator Whitmire offered the following Motion In Writing: Mr. President: I move that the President be authorized to appoint two committees of five (5) Members each to notify the Governor and the House of Representatives that the Senate has completed its business and is ready to adjourn sine die. WHITMIRE The Motion In Writing was read and was adopted without objection. Accordingly, the President appointed the following Committee to Notify the Governor:iiSenators Fraser, Nelson, Shapiro, Madla, and Staples and the following Committee to Notify the House of Representatives:iiSenators Hinojosa, Brimer, Averitt, Janek, and Williams. BILLS AND RESOLUTIONS SIGNED The President announced the signing of the following enrolled bills and resolutions in the presence of the Senate after the captions had been read: SBi117, SBi206, SBi266, SBi297, SBi340, SBi346, SBi381, SBi480, SBi618, SBi624, SBi705, SBi800, SBi820, SBi871, SBi1015, SBi1054, SBi1073, SBi1161, SBi1192, SBi1343, SBi1382, SBi1464, SBi1470, SBi1472, SBi1705, SBi1784, SBi1888, SBi1902, SBi1912, SBi1923, SCRi55, SCRi61, SBi4, SBi14, SBi16, SBi76, SBi103, SBi127, SBi160, SBi264, SBi277, SBi279, SBi280, SBi283, SBi286, SBi287, SBi319, SBi361, SBi463, SBi473, SBi474, SBi482, SBi504, SBi585, SBi610, SBi611, SBi631, SBi671, SBi734, SBi755, SBi782, SBi826, SBi894, SBi929, SBi970, SBi976, SBi1000, SBi1010, SBi1059, SBi1108, SBi1131, SBi1152, SBi1173, SBi1182, SBi1272, SBi1303, SBi1320, SBi1336, SBi1369, SBi1370, SBi1413, SBi1463, SBi1551, SBi1597, SBi1639, SBi1652, SBi1659, SBi1664, SBi1701, SBi1708, SBi1771, SBi1782, SBi1804, SBi1828, SBi1835, SBi1862, SBi1936, SJRi30, HBi109, HBi111, HBi651, HBi705, HBi716, HBi727, HBi942, HBi1146, HBi1165, HBi1202, HBi1278, HBi1406, HBi1457, HBi2032, HBi2153, HBi2241, HBi3232, HBi3318, HCRi103, HCRi130, HCRi135, HCRi136, HCRi137, HCRi138, HCRi139, HCRi142, HCRi143, HCRi144, HCRi145, HCRi146, HCRi169, HCRi170, HCRi172, HCRi173, HCRi244, HCRi253, HCRi278, HJRi54, HBi11, HBi341, HBi547, HBi645, HBi1163, HBi1454, HBi1538, HBi1576, HBi2588, HBi3042, HBi3420, HBi3578, HCRi33, HCRi47, HCRi48, HCRi49, HCRi79, HCRi107, HCRi108, HCRi123, HCRi124, HCRi129, HCRi131, HCRi132, HCRi133, HCRi134, HCRi140, HCRi141, HCRi147, HCRi174, HCRi175, HCRi176, HCRi177, HCRi178, HCRi179, HCRi180, 5102 78th Legislature — Regular Session 85th Day
HCRi181, HCRi182, HCRi183, HCRi184, HCRi185, HCRi207, HCRi212, HCRi213, HCRi214, HCRi215, HCRi216, HCRi217, HCRi234, HCRi235, HCRi236, HCRi237, HCRi238, HCRi239, HCRi240, HCRi241, HCRi242, HCRi243, HCRi282, HCRi286, HJRi28, HJRi68. MESSAGE FROM THE HOUSE HOUSE CHAMBER Austin, Texas June 2, 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 306, Instructing the enrolling clerk of the senate to make technical corrections to S.B. No. 14. SCR 33, In memory of the life of Robert Weston "Wolfman Jack" Smith. Respectfully, /s/Robert Haney, Chief Clerk House of Representatives HOUSE CONCURRENT RESOLUTION 285 The President laid before the Senate the following resolution: WHEREAS, The conference committee report for SBi1108 has been adopted by the senate and the house of representatives and is being prepared for enrollment; and WHEREAS, The bill contains technical errors that should be corrected; now, therefore, be it RESOLVED by the 78th Legislature of the State of Texas, That the enrolling clerk of the senate be instructed to correct Senate Bill No. 1108 by striking Section 7 of the bill and renumbering the sections of the bill appropriately. The text of the section to be stricken reads: SECTIONi7.iiSection 25.081, Education Code, is amended by adding Subsection (c) to read as follows: (c)iiA school may not operate on the Memorial Day holiday. SHAPIRO The resolution was read. On motion of Senator Shapiro, the resolution was considered immediately and was adopted without objection. Monday, June 2, 2003 SENATE JOURNAL 5103
(Senator Staples in Chair) MESSAGE FROM THE HOUSE HOUSE CHAMBER Austin, Texas June 2, 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: SCR 63, Instructing the enrolling clerk of the senate to correct Senate Bill No. 1701. SCR 64, Honoring The Honorable Paul C. Moreno on his outstanding service. SCR 66, Instructing the enrolling clerk of the house to make corrections to H.B.iNo.i2415. SCR 71, Instructing the enrolling clerk of the senate to make technical corrections to Senate Bill No. 1652. SCR 72, Instructing the enrolling clerk of the senate to make technical corrections to S.B. No. 286. Respectfully, /s/Robert Haney, Chief Clerk House of Representatives (President in Chair) VOTE RECONSIDERED ON SENATE CONCURRENT RESOLUTION 73 On motion of Senator Jackson and by unanimous consent, the vote by which SCRi73 was adopted was reconsidered: SCR 73, Instructing the enrolling clerk of the Senate to make technical corrections to S.B. No. 14. Question — Shall SCR 73 be adopted? On motion of Senator Jackson and by unanimous consent, the motion to adopt SCRi73 was withdrawn. SENATE CONCURRENT RESOLUTION 74 The President laid before the Senate the following resolution: WHEREAS, SBi14 has been adopted by the senate and the house of representatives and is being prepared for enrollment; and 5104 78th Legislature — Regular Session 85th Day
WHEREAS, The bill contains technical errors that should be corrected; now, therefore, be it RESOLVED, by the 78th Legislature of the State of Texas, That the enrolling clerk of the senate be instructed to correct Senate Bill No. 14, as follows: (1)iiIn SECTION 1.01 of the bill, in added Subchapter U, Chapter 5, Insurance Code, insert a new Article 5.172 to read as follows: Art.i5.172.iiAPPLICATION TO CERTAIN INSURERS. Notwithstanding Sections 912.002, 941.003, 942.003, or any other provision of this code, this subchapter does not apply to a county mutual insurance company, a Lloyd s’ plan, and a reciprocal or interinsurance exchange, before Januaryi1, 2004. (2)iiIn SECTION 3.01 of the bill, in added Section 3(a)(1), Article 21.49-2U, Insurance Code, strike "as that term is used under Article 21.21-6 of this code, as added by Chapter 415, Acts of the 74th Legislature, Regular Session, 1995;" and substitute "as that term is used under: (A)iiArticle 21.21-6 of this code, as added by Chapter 415, Acts of the 74th Legislature, Regular Session, 1995; or (B)iiSections 1 and 2, Article 21.21-8 of this code;". (3)iiIn SECTION 3.01 of the bill, in added Section 7(a), Article 21.49-2U, Insurance Code, strike "as prohibited by Article 21.21-6 of this code, as added by Chapter 415, Acts of the 74th Legislature, Regular Session, 1995." and substitute "as prohibited by: (A)iiArticle 21.21-6 of this code, as added by Chapter 415, Acts of the 74th Legislature, Regular Session, 1995; or (B)iiSections 1 and 2, Article 21.21-8 of this code.". (4)iiIn SECTION 3.01 of the bill, in added Section 7(d), Article 21.49-2U, Insurance Code, strike "insurer shall require its agents to disclose" and substitute "insurer or its agents shall disclose". (5)iiIn SECTION 3.01 of the bill, in added Section 9, Article 21.49-2U, Insurance Code, in the first sentence of that section, strike "insurer s’ scoring models" and substitute "credit scoring models". (6)iiIn SECTION 6.08 of the bill, in added Section 13(f), Article 5.13-2, Insurance Code, in the first sentence of that section, strike "only at nonstandard rates is not subject" and substitute "only at nonstandard rates is subject". (7)iiIn SECTION 6.13 of the bill, strike "Sections 13, 14, and 15" and substitute "Sections 14 and 15". (8)iiIn SECTION 7.01 of the bill, in added Section 3(a), Article 5.13-2C, Insurance Code, strike ", as effective on and after September 1, 2004". (9)iiIn SECTION 8.02 of the bill, in added Article 21.49-2V, Insurance Code, between "POLICY." and "Except as otherwise", insert "(a)". (10)iiIn SECTION 8.02 of the bill, in added Article 21.49-2V, Insurance Code, insert Subsection (b) to read as follows: (b)iiFor purposes of this article, "insurer" includes a county mutual insurance company, a Lloyd s’ plan, and a reciprocal or interinsurance exchange. (11)iiIn SECTION 10.01 of the bill, in amended Section 3(f), Article 21.49, Insurance Code, in the last sentence of that subsection, strike "all structures, other than" and substitute "all residential structures, other than". Monday, June 2, 2003 SENATE JOURNAL 5105
(12)iiIn SECTION 21.40(a) of the bill, in added Section 912.002(c), Insurance Code, in the first sentence of that subsection, strike "is subject to Subchapter Q, Chapter 5." and substitute "is subject to Subchapters Q and U, Chapter 5.". (13)iiIn SECTION 21.40 of the bill, in added Section 912.002(c), Insurance Code, in the third sentence of that subsection, strike "is subject to Subchapter O, Chapter 5." and substitute "is subject to Subchapter U, Chapter 5.". (14)iiIn SECTION 21.43(a) of the bill, amending Section 941.003(b)(3), Insurance Code, strike "A, O, Q, and T," and substitute "A, Q, T, and U,". (15)iiIn SECTION 21.44(a) of the bill, amending Section 942.003(b)(3), Insurance Code, strike "A, O, Q, and T," and substitute "A, Q, T, and U,". JACKSON The resolution was read. On motion of Senator Jackson, further consideration of SCRi74 was withdrawn. (Senator Armbrister in Chair) BILLS AND RESOLUTION SIGNED The Presiding Officer announced the signing of the following enrolled bills and resolution in the presence of the Senate after the captions had been read: HBi7 (signed subject to Sec. 49-a, Art. III, Texas Constitution), HBi9, HBi320, HBi335, HBi411, HBi471 (signed subject to Sec. 49-a, Art. III, Texas Constitution), HBi638, HBi1082, HBi1119, HBi1204, HBi1493, HBi1566, HBi1695, HBi1817, HBi1865, HBi2075, HBi2455, HBi2593, HBi3015, HBi3184, HBi3442, HBi3546, HBi3587, HBi3622, HJRi85. (President in Chair) HOUSE CONCURRENT RESOLUTION 306 The President laid before the Senate the following resolution: WHEREAS, SBi14 has been adopted by the house of representatives and the senate and is being prepared for enrollment; and WHEREAS, The bill contains technical errors that should be corrected; now, therefore, be it RESOLVED, by the 78th Legislature of the State of Texas, That the enrolling clerk of the senate be instructed to make the following corrections: (1)iiChange Sec. ____(b) to read as follows: (b)iiAn insurer that uses credit scoring in the underwriting or rating of insurance subject to this article shall disclose to each applicant for insurance coverage that the applicant s’ credit report may be used in the underwriting or rating of the applicant s’ policy. The disclosure must be provided at the time of application by the insurer or agent and may be given orally, in writing or electronically. JACKSON The resolution was read. On motion of Senator Jackson, the resolution was considered immediately and was adopted without objection. 5106 78th Legislature — Regular Session 85th Day
SENATE CONCURRENT RESOLUTION 75 The President laid before the Senate the following resolution: WHEREAS, SBi14 has been adopted by the senate and the house of representatives and is being prepared for enrollment; and WHEREAS, The bill contains technical errors that should be corrected; now, therefore, be it RESOLVED, by the 78th Legislature of the State of Texas, That the enrolling clerk of the senate be instructed to correct Senate Bill No. 14, as follows: (1)iiIn SECTION 1.01 of the bill, in added Subchapter U, Chapter 5, Insurance Code, insert a new Article 5.172 to read as follows: Art.i5.172.iiAPPLICATION TO CERTAIN INSURERS. Notwithstanding Sections 912.002, 941.003, 942.003, or any other provision of this code, this subchapter does not apply to a county mutual insurance company, a Lloyd s’ plan, and a reciprocal or interinsurance exchange, before Januaryi1, 2004. (2)iiIn SECTION 3.01 of the bill, in added Section 3(a)(1), Article 21.49-2U, Insurance Code, strike ", as that term is used under Article 21.21-6 of this code, as added by Chapter 415, Acts of the 74th Legislature, Regular Session, 1995". (3)iiIn SECTION 3.01 of the bill, in added Section 7(a), Article 21.49-2U, Insurance Code, strike "as prohibited by Article 21.21-6 of this code, as added by Chapter 415, Acts of the 74th Legislature, Regular Session, 1995." and substitute "for factors that constitute unfair discrimination.". (4)iiIn SECTION 3.01 of the bill, in added Section 7(d), Article 21.49-2U, Insurance Code, strike "insurer shall require its agents to disclose" and substitute "insurer or its agents shall disclose". (5)iiIn SECTION 3.01 of the bill, in added Section 9, Article 21.49-2U, Insurance Code, in the first sentence of that section, strike "insurer s’ scoring models" and substitute "credit scoring models". (6)iiIn SECTION 6.08 of the bill, in added Section 13(f), Article 5.13-2, Insurance Code, in the first sentence of that section, strike "only at nonstandard rates is not subject" and substitute "only at nonstandard rates is subject". (7)iiIn SECTION 6.13 of the bill, strike "Sections 13, 14, and 15" and substitute "Sections 14 and 15". (8)iiIn SECTION 7.01 of the bill, in added Section 3(a), Article 5.13-2C, Insurance Code, strike ", as effective on and after September 1, 2004". (9)iiIn SECTION 8.02 of the bill, in added Article 21.49-2V, Insurance Code, between "POLICY." and "Except as otherwise", insert "(a)". (10)iiIn SECTION 8.02 of the bill, in added Article 21.49-2V, Insurance Code, insert Subsection (b) to read as follows: (b)iiFor purposes of this article, "insurer" includes a county mutual insurance company, a Lloyd s’ plan, and a reciprocal or interinsurance exchange. (11)iiIn SECTION 10.01 of the bill, in amended Section 3(f), Article 21.49, Insurance Code, in the last sentence of that subsection, strike "all structures, other than" and substitute "all residential structures, other than". (12)iiIn SECTION 21.40(a) of the bill, in added Section 912.002(c), Insurance Code, in the first sentence of that subsection, strike "is subject to Subchapter Q, Chapter 5." and substitute "is subject to Subchapters Q and U, Chapter 5.". Monday, June 2, 2003 SENATE JOURNAL 5107
(13)iiIn SECTION 21.40 of the bill, in added Section 912.002(c), Insurance Code, in the third sentence of that subsection, strike "is subject to Subchapter O, Chapter 5." and substitute "is subject to Subchapter U, Chapter 5.". (14)iiIn SECTION 21.43(a) of the bill, amending Section 941.003(b)(3), Insurance Code, strike "A, O, Q, and T," and substitute "A, Q, T, and U,". (15)iiIn SECTION 21.44(a) of the bill, amending Section 942.003(b)(3), Insurance Code, strike "A, O, Q, and T," and substitute "A, Q, T, and U,". JACKSON The resolution was read. On motion of Senator Jackson, the resolution was considered immediately and was adopted without objection. REMARKS ORDERED PRINTED On motion of Senator Barrientos and by unanimous consent, the remarks regarding SCRi73, SCRi74, HCRi306, and SCRi75 as they relate to SBi14, were ordered reduced to writing and printed in the Senate Journal as follows: Senate Concurrent Resolution 73 Senator Jackson:iiThere were several technical corrections that we needed to make on Senate Bill 14. This resolution does that by moving an effective date to January 1, 2004, on rating territories. The other portions of the resolution are strictly technical in naming, identifying places that were referred to incorrectly in the bill before, they were referencing the wrong section, this simply references that. Senator VanideiPutte:iiiSenator Jackson, I know that there are a lot of the technical corrections here, but I wanted to make sure, did we have an error in, throughout on the reference to county mutuals and farm mutuals, throughout the body of the bill, or just in certain sections? Senator Jackson: I don t’ think throughout the bill. Let me see. Hang on here just a second, are you referring to, on page 3 in number 10? Senator VanideiPutte: Yes. Senator Jackson: For purposes of this article, insurer includes a county mutual insurance company, a Lloyd s’ plan, and a reciprocal– Senator VanideiPutte: Right. Was that the section of the bill that just applies to rate standards? Senator Jackson: I m’ going to get you the answer to that question here in just one second. Senator Fraser: Senator, the only reference we made in that was in the definitions, and we included farm mutuals and the surplus lines in the definition. It was not intended that they would fall under regulatory scheme anywhere else, other than the rating standards themself. 5108 78th Legislature — Regular Session 85th Day
Senator VanideiPutte: Thank you. And in, also, I guess, in technical correction number eight, we re’ striking an effective September 1st of 2004, so what does that put the effective date on that particular section? Senator Fraser: If I can answer that. That was regarding a question on an amendment that was added by Senator West in that because the changes in the territorial, the fact that we had ongoing policies, a change on September 1 would have caused chaos in the market. The Department of Insurance requested that we move that date forward so that as policies were renewed, they could make this change, because if you make it then, it was going to be problematic. And I know they visited with Senator West s’ office, and my understanding was that that was the agreement, that it was impossible to do it on that date, and they needed to move it forward, and I believe that is the reference that you re’ making. That had to do with county mutuals and the small Lloyd s.’ Senator VanideiPutte: Right. And, so, in other words, now those changes will be made as the– Senator Fraser: We had made a mistake in the bill that there was a reference made to a Subsection O. Subsection O was not in existence in the bill because of the numbering, it actually was supposed to have been Subsection G, I mean U, I m’ sorry, in U. They had to redo the references to U to make sure it was applicable to the county mutuals, but in the application of the rating territories they needed to delay the application of that so that they, on the renewal of these policies, is my understanding, this was a recommendation of the Department of Insurance. Senator VanideiPutte: OK, my only other question is that, so, if there is no Subchapter O, or is there a Subchapter O and we just forgot we needed to add, and U? Senator Fraser: My understanding was that there was a problem in the numbering of these, that as the changes were made, they didn t’ renumber the subchapters, and so that was a reference to a previous edition. They didn t’ pick that up in the bill that was brought forward, the substitute, and that was incorrect so they had to go back and renumber the chapters and make it applicable to U for those writing territories. Senator West s’ office, I think, spent long hours working on this, and we made sure that it did what we thought it did, and I just checked with him about 20 minutes ago to make sure his staff was comfortable. Senator Van de Putte: OK, and then the very first part under Article 5.172 that we are saying notwithstanding those sections does not apply, that still just makes sure that the county mutuals, Lloyd s,’ reciprocal, or interinsurance exchange, we are still having all those on rate standards? Senator Jackson: That s’ on rating territories. Senator VanideiPutte: So that also applies to the territories? Senator Jackson: Yes, that covers the territories. Do you remember we had the issue where it would be nothing smaller than an entire county and then we adopted the other language. That deals with those rating territories right there in giving them some more time to set up in their system those territories, and that s’ all that that does right there. Monday, June 2, 2003 SENATE JOURNAL 5109
Senator VanideiPutte: Thank you very much, Senator Fraser, and thank you very much for your work on this bill, Senator Jackson. Senator Jackson: Thank you. Senator Shapleigh: Senator Jackson, you and I have had various colloquies on scoring, credit scoring. Let s’ look at page 2, item 5, and let me tell you what my concern is. What we have done in this is that we have taken out the words "insurer s’ scoring models" which is a very specific set of words to describe exactly what that company is using and we ve’ substituted "credit scoring models" and they can make the case after this that the legislative intent and activity that we ve’ engaged in here is to say, that refers to some other standard that we don t’ apply. It seems to me what we want to do is to say very clearly, the models that that insurer s’ working with, the subset of data in that model that we re’ banning is the items that you listed in the bill. And to me this is an important distinction because it s’ specific as to that insurer and can t’ be confused to some national model that they can refer to and say, well we don t’ use that, we use good credit scoring. Senator Jackson: It is our intent, Senator, to state that we are, the issues that are outlined in our bill are the ones that we are banning via our legislative intent, and this is a technical correction, I think staff has the exact language there. Senator Fraser: Senator, if you d’ yield. Staff just gave me the explanation and we want to clarify. Evidently, on scoring models, credit scoring models, some companies use their own models, some companies use a, what is called a national model that they buy from a third party provider. If they are going to use either one, we want those filed with the Department of Insurance so there is no question that the model that they are using on the ratings, the way they are using credit scoring, that we do that and there is total sunshine and it is clear which model they used. Senator Shapleigh: So your intent with this language is that whether they are using a home or in-house developed model or they are renting a model from a third party, whichever model they are using, it is your legislative intent that the ban apply to whatever credit score method they are using to get the information? Senator Jackson: That s’ correct. Senator Shapleigh: Thank you. President: The Chair recognizes Senator Jackson for a motion on Senate Concurrent Resolution 73. Senator Jackson: Thank you Mr. President. Members, if you just listen up and bear with me, I ve’ got a couple of motions to make. We had earlier adopted Senate Concurrent Resolution 73, which was the corrective amendment on Senate Bill 14, the insurance bill. I m’ going to make a motion in just one second to reconsider that vote because we had found some, one area that has created all of the talk and discussion that s’ made us stay here a little bit longer than we wanted to, and I apologize for that. We have gotten a consensus on new language. If we reconsider the vote on SCR 73, we have a new resolution 74 thatiwe ll’ then make a motion to adopt and pass, so, Mr. President, at this time I would make a motion to reconsider the vote that we adopted Senate Concurrent Resolution 73. 5110 78th Legislature — Regular Session 85th Day
President: Senator Jackson moves to reconsider the vote that we took about an hour and a half ago on SCR 73. Is there objection to the motion? The Chair hears none and the motion is adopted. Senator Jackson withdraws his motion to adopt Senate Concurrent Resolution 73. Senate Concurrent Resolution 74 Senator Jackson: Members, this Senate Concurrent Resolution 74 contains the agreed-to action and changes, if you look on page 2. The whole issue that we were debating dealt with cause of action and whether or not we created or did not create a cause of action via the language that was in Senate Concurrent Resolution 73. This language that we have agreed to puts in place and affirms that the Commissioner of Insurance has, we are empowering him to go after any kind of an aggravated, or any kind of activity by an insurance company relative to credit scoring, and that there is not a cause of action created which is very simply stated, but it specifies the Commissioner s’ job is to go after bad actors in that realm and not by certifying and making up a lot of lawsuits. Senator VanideiPutte: Thank you Senator Jackson, and thank you so much for your leadership on the entire Senate Bill 14. As I understand it, we are looking particularly at Section 3.01 of the Code, and Section 3.01 deals with credit information, credit scoring, doesn t’ it? Senator Jackson: That s’ correct. Senator VanideiPutte: And in the Senate Concurrent Resolution that we passed before, we had done some cleanup and, particularly for county mutuals or unintended consequences and we also added that the term, the use of a credit score that is computed using factors that constitute unfair discrimination. We are defining that term. As I understand it, we put in, as in the bill, in the Conference Committee Report as it was in our Senate version Section 21.21-6 which deals with unfair discrimination. Is that correct? Senator Jackson: That s’ right, Senator VanideiPutte. Senator VanideiPutte: And in our attempt to make sure that the department has all the tools that it needs as it relates to credit scoring in the original SCR, we added 21.21-8. Is that correct? Senator Jackson: That s’ affirmative. Senator VanideiPutte: And as I understand it the difference on 21.21-6 is an unfair discrimination according to ethnicity, race, age, gender, marital status. Is that correct? Senator Jackson: That s’ right. Senator VanideiPutte: And unfair discrimination under 21.21-8, which we really wanted to include, dealt with classes of folks. In other words, we want to make sure that insurers don t’ treat one class of folks different than another class as it relates in this particular portion of the Code to credit scoring. Is that correct? Monday, June 2, 2003 SENATE JOURNAL 5111
Senator Jackson: That s’ correct, Senator VanideiPutte, and I appreciate your help in pointing all of this out to make sure that all Texans get treated equally and that we clarify that the Commissioner of Insurance isn t’ going to put up with any nonsense from any insurance company playing around with people s’ credit. Senator VanideiPutte: And, so by adding 21.21-8, but Sections 1 and 2, that means that the Commissioner has the ability to go in and hammer those insurers who would discriminate on credit scoring on any given class. Is that correct? Senator Jackson: That s’ right. Senator VanideiPutte: But as I understand it we are not including Section 3 in that, under 21.21-8, which, Members, Section 3 is a private cause of action. Senator Jackson: Yes, we want to make sure that we allow the Commissioner to go through, but on the other hand not create a bunch of lawsuits that may end up in the courthouse that way. That s’ exactly right. Senator VanideiPutte: And I know that these sections, Senator, were very important in one of our cases that the Commissioner has been pursuing. But let me ask you this, since we had never addressed in the Code, credit scoring, are we either adding or eliminating any private cause of action that wasn t’ there before? Senator Jackson: That argument, I guess, could be made either way since there wasn t’ really ever a cause of action to begin with. How can we be eliminating something that didn t’ exist in the first place? So we want to be sure that we allow these issues and these problems be taken up via the Commissioner of Insurance and not creating causes of action. Senator VanideiPutte: And since the effective date of Article 3.01 would be the effective date of the article, by putting this in we aren t’ undoing the Farmers case, we aren t’ undoing anything that we have done that the Commissioner of Insurance has done or the department has done before this date. Senator Jackson: It will not impact anything and is not intended to be retroactive in any means. Senator VanideiPutte: So in other words, by this concurrent resolution we are making sure that Section 21.21-8(1) and (2), which are extremely important for the department to go after any bad actor that would discriminate using credit scores unfairly on any class, we give them those tools, correct? Senator Jackson: That s’ right. Senator VanideiPutte: Thank you, Senator Jackson, appreciate the answers. Senator Jackson: Thank you for the clarification. Senator Shapleigh: Senator Jackson, my understanding is that had we not taken the action that you are proposing, the Commissioner would not have authority to enforce violations of credit scoring. That s’ the reason we are taking action under SCR 74. Is that correct? Senator Jackson: Yes, sir, that s’ correct. Senator Shapleigh: And it is not your intent to create under SCR 73 or SCR 74 a new cause of action, is that correct, for private claimants? Senator Jackson: That s’ correct. 5112 78th Legislature — Regular Session 85th Day
Senator Shapleigh: Also it is not your intent to extinguish an existing cause of action for private claimants under either 21.21-6 or 21.21-8. Is that correct? Senator Jackson: We are not trying to take away anybody s’ rights if they are there, what we are trying to do is say that these issues should be, and we are empowering the Commissioner to handle those issues administratively. Senator Shapleigh: But you are not trying to take away an existing cause of action that someone has under those statutes today; you are just trying to make sure that you are not creating a new one that someone might make a claim under as a result of this resolution. Senator Jackson: That s’ correct. Senator Shapleigh: Thank you. Senator Armbrister: Senator, let me ask you just one thing for clarification. The resolution before us that is the replacement of SCR 73, it still continues to deal with how we re’ treating county mutuals and farm mutuals throughout the bill. Senator Jackson: All that other language is still the same, that s’ absolutely correct. Senator Armbrister: All right. It s’ important, obviously, that we make those particular corrections in this because in the draft language that we thought was maybe a term of art, it really had the unintended consequence of a confusing morass that was hard to follow from a regulatory standpoint. And I think that s’ exactly what we are doing on that portion, is it not? Senator Jackson: That s’ correct. Senator Armbrister: When we were discussing the whole issue of the county mutuals, one of the complicating factors that we were dealing with was that you have what we, in layman s’ terms, were calling pure county mutuals, those that write a certain line of insurance that was not intended or is not intended to be the full brunt coverage that a policyholder may be seeking, as opposed to a standard line carrier. And we tried to make that distinction especially in the area of antimigration because, as we found in both your interim study and throughout this process, we found that standard line carriers were, in fact, moving even good drivers into some of these higher risk categories solely for the purpose of avoiding regulation. We wanted to ensure that we were putting a stop to that, and we ve’ done that through several different methodologies in this new proposal. One with the status of how we re’ going to regulate all these companies, there is no longer an incentive in place as I understand. Senator Jackson: We have tried to stop that migration because, as you know, it has followed, but not nearly as rapidly, the trend that went from homeowners being in the regulated market or homeowners companies being in the regulated market that has transformed now like 95 percent of them are in the unregulated market. We re’ seeing that in automobile, from the regulated to the county mutuals, but we are wanting to, via our discussion yesterday and some of the language that we had yesterday, to still maintain a place in the market for the true, high-risk providers for those people that the standard companies don t’ want to insure and we are still trying to maintain that via the language in here. Monday, June 2, 2003 SENATE JOURNAL 5113
Senator Armbrister: And I know that you worked real hard in the development of, when we were having the discussions on the floor during the debate about, were we going to file-and-use and then, I mean not file-and-use that s’ the secondary part, were we going to prior approval with the 30-day demur, as opposed to strictly file-and-use, and because we have learned over time with legislation a lot of times it doesn t’ have the actual effect, the way you ve’ got it now, prior approval, with a demur on auto, is it for two years, or December? Senator Jackson: It will be 15 months. Senator Armbrister: Fifteen months, and then they will go file-and-use after that period of time as well for auto and homeowners? Senator Jackson: That s’ correct, after that 15-month period. Senator Armbrister: So, therefore what we have done, in effect, is take off the incentive for a company to dump even good drivers into a higher risk category. Senator Jackson: And applied some rating standards there as well, where they couldn t’ just shift the good driver or one of their class A drivers over and raise the premium on them without having the Commissioner approve. Senator Armbrister: In the area of the credit score, I know that we debated that issue, and one of the phenomenons that I think that surprised all of us about credit scoring was, on face value, a person says, I pay all my bills, I m’ never late with any payment, whether it be a Mastercard or paying the grocer, if you are having that, or your homeowners policy or your homeowners payment is never late, you are always to the bank on time, you could still end up with a bad credit score. You could have a bad credit score simply by making an inquiry on your credit. In other words, if my friend, one of my state reps, Lois Kolkhorst back over there, if Lois didn t’ have a Mastercard and she didn t’ have a Neiman Marcus card and she didn t’ have a Bloomingdale s’ card, but she wanted to apply for those three cards and she made application to apply, what we ve’ found in visiting with people in that industry, that in and of itself, a simple application for credit could result in a lower credit rating. I think that when we were going through this exercise and trying to make the determination to whether particularly just straight out ban credit scoring, or should we let the sun shine in on those practices and make those companies that utilize credit scoring to actually show us what their models were in their scoring methodology and file those with the commission so that the Commissioner can make a determination. I guess what I m’ saying is that we on the committee made a conscious effort, we were concerned about the devil that we knew, but we were more afraid about the devil that we didn t’ know. And I think we felt that if we completely banned the use of credit scoring as it applies to either homeowners or auto that, in effect, we would have no methodology for the commission to take a look at what it was that they were using rather than credit score. But by your mastery of the language that you ve’ got, we now have a situation where a company that is utilizing credit scores to affect placement within a class of insureds, they, in effect, are going to have to file those methodologies, those models with the commission so that we can look at them and the commission can make a determination, are they discriminatory or not? And, then if 5114 78th Legislature — Regular Session 85th Day they find that any affected policyholder, whether it be homeowners or auto, had been adversely affected by the methodology that that particular company has used, you do provide remedies for that discriminatory practice. Senator Jackson: Yes, sir. Senator, you were there the whole time I was hearing testimony, especially on credit scoring, and I was shocked to find out that if someone inquired about your credit history then that automatically made your credit a little bit worse, and we have language in our bill to deal with that. Mr. President, I d’ like to make a motion if we can temporarily pull down Senate Concurrent Resolution 74. President: Members, Senator Jackson temporarily pulls down Senate Concurrent Resolution 74. House Concurrent Resolution 306 Senator Jackson: This is an HCR by Senfronia Thompson that allowed pricing for credit scoring to be given over the telephone. It was in our bill, it got inadvertently left out and we are putting that back into the bill and that s’ all, the only change that we have on that word is that those can be given orally. Senate Concurrent Resolution 75 Senator Jackson: Members, I m’ sorry about the delay, but I am hoping the third time is the charm. I think this is the agreed to language on credit scoring that puts the power of enforcement of bad actors in credit scoring to the Commissioner and makes sure that he has that, and that we re’ not trying to create a cause of action. Senator VanideiPutte: Thank you, Senator Jackson, and I know we all want to get home, get to our families, but I want to make sure that, as you and I are the non-lawyers, we want to make sure that what we are doing is correct. On this SCR, we are prohibiting the use of credit information, that an insurer may not use a credit score that is computed using factors that constitute unfair discrimination. Is that correct? Senator Jackson: That s’ correct. Senator VanideiPutte: And that s’ going to be on both sides of the Code, so although we are not citing specific articles like 21.20, 21.21, either 6 or 8, that does include everything that the Commissioner needs because on page 35 of the Conference Committee Report, Section 14, the effect of the violation, an insurer that violates this article or a rule adopted under this article commits an unfair practice in that violation and is subject to sanction under Chapter 82 of this Code. So the Commissioner has all the tools that they need on credit scoring. We do not create a cause of action and we are not eliminating, we are not moving the ball either way, are we Senator Jackson? Senator Jackson: Yes, we are not trying to deny anyone any rights that they don t’ currently have. We just are saying that we want the Commissioner to handle these issues under this resolution. Senator VanideiPutte: And the Commissioner already has rule-making authority under Article 3.01 of SB 14? Senator Jackson: That s’ correct. Senator VanideiPutte: Thank you Senator Jackson. Monday, June 2, 2003 SENATE JOURNAL 5115
Senator Jackson: Mr. President and Members, thank you for your tolerance. MOTION TO ADJOURN SINE DIE On motion of Senator Whitmire, the Senate of the 78th Legislature, Regular Session, at 7:04ip.m. agreed to adjourn sine die, in memory of Rachel Blasingame of Mesquite and in honor of the Senators of this 78th Legislature, subject to the completion of administrative duties. MESSAGE FROM THE HOUSE HOUSE CHAMBER Austin, Texas June 2, 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: SCR 75, Instructing the enrolling clerk of the senate to make technical corrections to Senate Bill No. 14. Respectfully, /s/Robert Haney, Chief Clerk House of Representatives BILLS AND RESOLUTIONS SIGNED The President announced the signing of the following enrolled bills and resolutions in the presence of the Senate after the captions had been read: SCRi33, SCRi63, SCRi64, SCRi65, SCRi66, SCRi67, SCRi71, SCRi72, SCRi75, HBi1 (signed subject to Sec. 49-a, Art. III, Texas Constitution), HBi329, HBi1129, HBi1541, HBi2359, HBi2533, HBi2971, HBi3588, HBi4, HBi425, HBi730, HBi1314, HBi1365, HBi1606, HBi2044, HBi2292, HBi2319, HBi2343, HBi2415, HBi2424, HBi2425 (signed subject to Sec. 49-a, Art. III, Texas Constitution), HBi3441, HBi3459, HCRi280, HCRi283, HCRi284, HCRi285, HCRi289, HCRi290, HCRi292, HCRi293, HCRi294, HCRi295, HCRi299, HCRi300, HCRi302, HCRi305, HCRi306. RESOLUTIONS OF RECOGNITION The following resolutions were adopted by the Senate: Memorial Resolutions SR 1064 by Wentworth, In memory of Luther H. Soules, Jr., of San Antonio. SR 1065 by Wentworth, In memory of Luella M. Bennack of San Antonio. SR 1066 by Wentworth, In memory of Mildred A. May of San Antonio. SR 1067 by Wentworth, In memory of Carl Brenner of San Antonio. 5116 78th Legislature — Regular Session 85th Day
Congratulatory Resolutions SR 1058 by Shapiro, Commending Miles N. Cunningham for his service to his country. SR 1060 by Fraser, Congratulating Corma Mathilda Etzel of Giddings on her 100th birthday. SR 1061 by Fraser, Congratulating Elizabeth and Jesse R. Jaime on their 50th wedding anniversary. SR 1063 by Barrientos, Commending Martin Guzman Fulgencio for his service to his nation. SR 1069 by Williams, Commending Southeast Texas Community Development Corporation, Incorporated, for its service to the City of Beaumont. Official Designation Resolution SR 1068 by Ratliff, Recognizing Mineola as the Birding Capital of East Texas. ADJOURNMENT SINE DIE The President announced that the hour for final adjournment of the Regular Session of the 78th Legislature had arrived and, in accordance with a previously adopted motion, declared the 78th Legislature, Regular Session, adjourned sine die, in memory of Rachel Blasingame of Mesquite and in honor of the Senators of this 78th Legislature, at 3:49ip.m. Tuesday, Junei3, 2003.
AAAPPENDIXAA
SENT TO SECRETARY OF STATE June 2, 2003 SJRi19, SJRi42
SENT TO GOVERNOR June 2, 2003 SBi19, SBi161, SBi193, SBi211, SBi275, SBi284, SBi315, SBi392, SBi396, SBi418, SBi541, SBi591, SBi597, SBi669, SBi688, SBi759, SBi827, SBi833, SBi840, SBi876, SBi880, SBi895, SBi900, SBi923, SBi930, SBi1007, SBi1017, SBi1047, SBi1053, SBi1154, SBi1165, SBi1184, SBi1252, SBi1273, SBi1276, SBi1295, SBi1318, SBi1389, SBi1460, SBi1465, SBi1477, SBi1488, SBi1494, SBi1522, SBi1567, SBi1570, SBi1582, SBi1633, SBi1696, SBi1725, SBi1765, SBi1803, SBi1820, SBi1904, SBi1932, SCRi1, SCRi48, SCRi60 Monday, June 2, 2003 SENATE JOURNAL 5117
SIGNED BY GOVERNOR June 2, 2003 SBi1948
SENT TO GOVERNOR June 3, 2003 SBi117, SBi206, SBi266, SBi297, SBi340, SBi346, SBi381, SBi480, SBi618, SBi624, SBi705, SBi800, SBi820, SBi871, SBi1015, SBi1054, SBi1073, SBi1161, SBi1192, SBi1343, SBi1382, SBi1464, SBi1470, SBi1472, SBi1705, SBi1784, SBi1888, SBi1902, SBi1912, SBi1923, SCRi55, SCRi61
SENT TO SECRETARY OF STATE June 4, 2003 SJRi30
SENT TO GOVERNOR June 4, 2003 SBi16, SBi264, SBi277, SBi283, SBi287, SBi319, SBi473, SBi734, SBi826, SBi894, SBi970, SBi1000, SBi1059, SBi1131, SBi1152, SBi1173, SBi1272, SBi1551, SBi1597, SBi1639, SBi1659, SBi1708, SBi1771, SBi1804, SBi1835, SCRi33, SCRi63, SCRi64, SCRi65, SCRi66, SCRi67, SCRi71, SCRi72, SCRi75 June 5, 2003 SBi4, SBi14, SBi76, SBi103, SBi127, SBi160, SBi279, SBi280, SBi286, SBi361, SBi463, SBi474, SBi482, SBi504, SBi585, SBi610, SBi611, SBi631, SBi671, SBi755, SBi782, SBi929, SBi976, SBi1010, SBi1108, SBi1182, SBi1303, SBi1320, SBi1336, SBi1369, SBi1370, SBi1413, SBi1463, SBi1652, SBi1664, SBi1701, SBi1782, SBi1828, SBi1862, SBi1936
SIGNED BY GOVERNOR June 10, 2003 SBi104, SBi1159 June 11, 2003 SBi14, SBi127 June 16, 2003 SBi266, SBi1173 June 17, 2003 SBi418 5118 78th Legislature — Regular Session 85th Day
June 18, 2003 SBi117, SBi161, SBi193, SBi206, SBi211, SBi264, SBi283, SBi284, SBi297, SBi381, SBi392, SBi404, SBi504, SBi521, SBi566, SBi585, SBi611, SBi618, SBi624, SBi688, SBi705, SBi782, SBi871, SBi879, SBi917, SBi929, SBi966, SBi1053, SBi1054, SBi1117, SBi1127, SBi1143, SBi1155, SBi1182, SBi1184, SBi1212, SBi1272, SBi1295, SBi1326, SBi1343, SBi1366, SBi1370, SBi1382, SBi1389, SBi1413, SBi1442, SBi1460, SBi1464, SBi1470, SBi1488, SBi1494, SBi1522, SBi1552, SBi1567, SBi1581, SBi1694, SBi1725, SBi1784, SBi1803, SBi1888, SBi1902, SBi1942, SBi1955 June 20, 2003 SBi25, SBi144, SBi176, SBi196, SBi197, SBi245, SBi277, SBi285, SBi287, SBi322, SBi333, SBi340, SBi361, SBi474, SBi480, SBi494, SBi501, SBi541, SBi581, SBi597, SBi631, SBi671, SBi721, SBi734, SBi755, SBi791, SBi800, SBi805, SBi820, SBi853, SBi861, SBi876, SBi880, SBi891, SBi895, SBi930, SBi939, SBi965, SBi968, SBi976, SBi1010, SBi1017, SBi1021, SBi1038, SBi1047, SBi1067, SBi1072, SBi1073, SBi1074, SBi1087, SBi1108, SBi1131, SBi1145, SBi1147, SBi1152, SBi1165, SBi1192, SBi1211, SBi1225, SBi1251, SBi1261, SBi1273, SBi1276, SBi1303, SBi1317, SBi1318, SBi1320, SBi1331, SBi1362, SBi1369, SBi1394, SBi1445, SBi1457, SBi1472, SBi1477, SBi1517, SBi1546, SBi1549, SBi1571, SBi1582, SBi1639, SBi1642, SBi1647, SBi1700, SBi1701, SBi1805, SBi1807, SBi1820, SBi1835, SBi1862, SBi1887, SBi1895, SBi1897, SBi1912, SBi1923, SBi1932, SBi4, SBi5, SBi6, SBi10, SBi16, SBi18, SBi19, SBi20, SBi45, SBi51, SBi57, SBi76, SBi84, SBi88, SBi89, SBi92, SBi103, SBi113, SBi115, SBi139, SBi153, SBi155, SBi160, SBi162, SBi165, SBi174, SBi186, SBi216, SBi233, SBi235, SBi236, SBi249, SBi255, SBi258, SBi273, SBi275, SBi276, SBi279, SBi280, SBi281, SBi282, SBi286, SBi292, SBi319, SBi325, SBi346, SBi349, SBi356, SBi367, SBi368, SBi369, SBi370, SBi371, SBi372, SBi374, SBi396, SBi401, SBi433, SBi439, SBi443, SBi464, SBi467, SBi478, SBi482, SBi485, SBi486, SBi487, SBi514, SBi526, SBi529, SBi530, SBi532, SBi533, SBi540, SBi542, SBi578, SBi582, SBi591, SBi599, SBi607, SBi608, SBi610, SBi613, SBi616, SBi637, SBi653, SBi656, SBi658, SBi669, SBi674, SBi681, SBi691, SBi692, SBi693, SBi704, SBi710, SBi716, SBi718, SBi719, SBi729, SBi735, SBi739, SBi741, SBi745, SBi757, SBi759, SBi767, SBi769, SBi774, SBi801, SBi802, SBi803, SBi804, SBi810, SBi822, SBi826, SBi833, SBi837, SBi840, SBi841, SBi842, SBi854, SBi892, SBi893, SBi894, SBi898, SBi899, SBi902, SBi905, SBi912, SBi919, SBi922, SBi923, SBi934, SBi935, SBi957, SBi972, SBi977, SBi995, SBi1000, SBi1007, SBi1018, SBi1019, SBi1022, SBi1035, SBi1059, SBi1070, SBi1071, SBi1090, SBi1109, SBi1114, SBi1128, SBi1129, SBi1136, SBi1215, SBi1226, SBi1245, SBi1252, SBi1265, SBi1271, SBi1282, SBi1297, SBi1315, SBi1336, SBi1356, SBi1357, SBi1367, SBi1380, SBi1388, SBi1419, SBi1439, SBi1452, SBi1459, SBi1461, SBi1463, SBi1465, SBi1481, SBi1484, SBi1489, SBi1507, SBi1527, SBi1559, SBi1565, SBi1570, SBi1572, SBi1574, SBi1606, SBi1614, SBi1633, SBi1643, SBi1646, SBi1663, SBi1665, SBi1669, SBi1714, SBi1726, SBi1731, SBi1744, SBi1748, SBi1765, SBi1771, SBi1794, SBi1804, SBi1811, SBi1826, SBi1828, SBi1833, SBi1876, SBi1884, Monday, June 2, 2003 SENATE JOURNAL 5119
SBi1885, SBi1892, SBi1896, SBi1899, SBi1904, SBi1925, SBi1928, SBi1930, SBi1933, SBi1934, SBi1935, SBi1936, SBi1940 VETOED BY GOVERNOR June 20, 2003 SBi24, SBi147, SBi315, SBi733, SBi827, SBi970, SBi1154, SBi1597, SBi1601, SBi1659, SBi1705, SBi1782 SIGNED BY GOVERNOR June 21, 2003 SBi815, SBi1429, SBi1652, SBi146, SBi252, SBi253, SBi1015, SBi1161, SBi1230, SBi1551, SBi1708, SB 1915, SBi1941 FILED WITHOUT SIGNATURE OF GOVERNOR June 21, 2003 SBi900, SBi1082, SBi1180, SBi1696 VETOED BY GOVERNOR June 21, 2003 SBi407, SBi463, SBi1504, SBi1521, SBi1526 SIGNED BY GOVERNOR June 22, 2003 SCRi1, SCRi12, SCRi21, SCRi23, SCRi26, SCRi33, SCRi45, SCRi46, SCRi49, SCRi51, SCRi52, SCRi53, SCRi55, SCRi57, SCRi58, SCRi60, SCRi61, SCRi63, SCRi64, SCRi65, SCRi66, SCRi67, SCRi71, SCRi72, SCRi75, SBi473, SBi1280, SBi1418, SBi1664 PROCLAMATION BY THE GOVERNOR OF THE STATE OF TEXAS TO ALL TO WHOM THESE PRESENTS SHALL COME: Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto Senate Bill No.i24 as passed by the Seventy-Eighth Texas Legislature, Regular Session, because of the following objections: Senate Bill No. 24 would have created the Ranch at Clear Fork Creek Municipal Utility District No.i1. The boundaries of the utility district extend outside the extra-territorial jurisdiction of the City of Uhland. Accordingly, the representation contained in Section 7(b) of the bill is incorrect. I encourage the author and the sponsor of the bill to correct the technical defect in this legislation and to continue to pursue the creation of this local utility district. 5120 78th Legislature — Regular Session 85th Day
Since the Legislature by its adjournment has prevented the return of this bill, I am filing these objections in the office of the Secretary of State and giving notice thereof by this public proclamation according to the aforementioned constitutional provision. IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003. /s/Rick Perry Governor of Texas (Seal) ATTESTED BY: /s/Gwyn Shea Secretary of State PROCLAMATION BY THE GOVERNOR OF THE STATE OF TEXAS TO ALL TO WHOM THESE PRESENTS SHALL COME: Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto Senate Bill No.i147 as passed by the Seventy-Eighth Texas Legislature, Regular Session, because of the following objections: Senate Bill No. 147 would require each state agency to adopt a risk management plan that includes risk assessment and risk control strategies as part of the agency s’ strategic plan. Current law already permits the State Office of Risk Management to assist state agencies in risk assessments and risk control strategies. This legislation would impose a burdensome mandate on all agencies, thereby creating additional paperwork and diverting scarce agency resources from our agencies ’main purposes. Since the Legislature by its adjournment has prevented the return of this bill, I am filing these objections in the office of the Secretary of State and giving notice thereof by this public proclamation according to the aforementioned constitutional provision. IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003. /s/Rick Perry Governor of Texas (Seal) ATTESTED BY: /s/Gwyn Shea Secretary of State Monday, June 2, 2003 SENATE JOURNAL 5121
PROCLAMATION BY THE GOVERNOR OF THE STATE OF TEXAS TO ALL TO WHOM THESE PRESENTS SHALL COME: Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto Senate Bill No.i315 as passed by the Seventy-Eighth Texas Legislature, Regular Session, because of the following objections: Senate Bill No. 315 would allow one junior college to alter current state requirements for annexing counties into its taxing district. Since the Legislature by its adjournment has prevented the return of this bill, I am filing these objections in the office of the Secretary of State and giving notice thereof by this public proclamation according to the aforementioned constitutional provision. IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003. /s/Rick Perry Governor of Texas (Seal) ATTESTED BY: /s/Gwyn Shea Secretary of State PROCLAMATION BY THE GOVERNOR OF THE STATE OF TEXAS TO ALL TO WHOM THESE PRESENTS SHALL COME: Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto Senate Bill No.i407 as passed by the Seventy-Eighth Texas Legislature, Regular Session, because of the following objections: Senate Bill No. 407 attempts to encourage cities with fire departments and emergency services to make those services available to neighboring 5122 78th Legislature — Regular Session 85th Day
local government entities that do not have them. Unfortunately, the bill would have the exact opposite effect. Current law provides that when two governmental units contract to furnish or obtain fire services, the city furnishing the services cannot be sued for injuries or property damage that might be caused by the services. The city receiving the services "is responsible for any civil liability that arises from the furnishing of those services." This is more than merely an indemnity between the two governmental entities; it means that a plaintiff can only recover damages from the entity which receives the services. The bill replaces this statutory ban on lawsuits with a provision that inadvertently allows the city providing the services to be sued. The only protection the city would have under the bill is an indemnity agreement with the entity which receives the services. That means the city providing the services can be sued; once it pays a judgment, it must try to recover the amount it pays plaintiff by suing the entity which received the services. Further, in the event that the city provides fire or emergency services to another local governmental entity without a contract, the bill gives the city which provides the services the same shield from lawsuits that current law gives to a city which provides fire services under a contract. However, the wording of this provision makes the governmental unit which receives the services without a contract liable for any civil liability. School districts or hospital districts within the same city as the fire department would be liable for any damages that occur anytime the fire or emergency services departments respond to an alarm at their facilities. Since the Legislature by its adjournment has prevented the return of this bill, I am filing these objections in the office of the Secretary of State and giving notice thereof by this public proclamation according to the aforementioned constitutional provision. IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003. /s/Rick Perry Governor of Texas (Seal) ATTESTED BY: /s/Gwyn Shea Secretary of State PROCLAMATION BY THE GOVERNOR OF THE STATE OF TEXAS TO ALL TO WHOM THESE PRESENTS SHALL COME: Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto Senate Bill No.i463 as passed by the Monday, June 2, 2003 SENATE JOURNAL 5123
Seventy-Eighth Texas Legislature, Regular Session, because of the following objections: Senate Bill No. 463 conflicts with language contained in Senate Bill No.i14, which I have already signed into law. At the author s’ request, I am vetoing the bill. Since the Legislature by its adjournment has prevented the return of this bill, I am filing these objections in the office of the Secretary of State and giving notice thereof by this public proclamation according to the aforementioned constitutional provision. IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003. /s/Rick Perry Governor of Texas (Seal) ATTESTED BY: /s/Gwyn Shea Secretary of State PROCLAMATION BY THE GOVERNOR OF THE STATE OF TEXAS TO ALL TO WHOM THESE PRESENTS SHALL COME: Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto Senate Bill No.i733 as passed by the Seventy-Eighth Texas Legislature, Regular Session, because of the following objections: The intent of Senate Bill No. 733 was to allow local governments in rural areas to purchase an item from a local vendor without following competitive purchasing procedures if the vendor s’ price is equal to or less than the price provided by the state. However, a technical flaw in the bill s’ language would have broadened the bill s’ scope to cover every county in the state except Dallas County. Under this bill, local governments throughout the state would be free to buy an item without following competitive purchasing procedures from every county in the state, except Dallas. Therefore, Dallas vendors would be held at a competitive disadvantage. While this exemption to competitive purchasing may be appropriate in a rural area where there are few vendors offering the same item, it could open the door for abuse of state purchasing requirements. With this veto message, I hope to discourage legislators from further attempts to bypass competitive bid requirements. 5124 78th Legislature — Regular Session 85th Day
Since the Legislature by its adjournment has prevented the return of this bill, I am filing these objections in the office of the Secretary of State and giving notice thereof by this public proclamation according to the aforementioned constitutional provision. IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003. /s/Rick Perry Governor of Texas (Seal) ATTESTED BY: /s/Gwyn Shea Secretary of State PROCLAMATION BY THE GOVERNOR OF THE STATE OF TEXAS TO ALL TO WHOM THESE PRESENTS SHALL COME: Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto Senate Bill No.i827 as passed by the Seventy-Eighth Texas Legislature, Regular Session, because of the following objections: I support the intent of Senate Bill No. 827 to provide added protections to individuals who are elderly or disabled. However, the bill s’ flawed language has the unintended consequence of holding hospitals and hospital staff criminally liable for carrying out a patient s’ advanced directive to withhold lifesaving treatment. The bill would have provided a defense to prosecution if medical care or food is withheld based on an advanced directive or living will. However, that defense did not extend to hospitals or their personnel. Since the Legislature by its adjournment has prevented the return of this bill, I am filing these objections in the office of the Secretary of State and giving notice thereof by this public proclamation according to the aforementioned constitutional provision. IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003. /s/Rick Perry Governor of Texas (Seal) ATTESTED BY: /s/Gwyn Shea Secretary of State Monday, June 2, 2003 SENATE JOURNAL 5125
PROCLAMATION BY THE GOVERNOR OF THE STATE OF TEXAS TO ALL TO WHOM THESE PRESENTS SHALL COME: Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto Senate Bill No.i970 as passed by the Seventy-Eighth Texas Legislature, Regular Session, because of the following objections: Senate Bill No. 970 would establish new fees and regulations for those who produce and harvest various cactus plants. As a result, the practice of xeriscaping would face artificial barriers in the marketplace at a time when government should be encouraging efforts to conserve water. Increasing administrative costs on the nursery industry is not an appropriate way to enforce current statutes. Since the Legislature by its adjournment has prevented the return of this bill, I am filing these objections in the office of the Secretary of State and giving notice thereof by this public proclamation according to the aforementioned constitutional provision. IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003. /s/Rick Perry Governor of Texas (Seal) ATTESTED BY: /s/Gwyn Shea Secretary of State PROCLAMATION BY THE GOVERNOR OF THE STATE OF TEXAS TO ALL TO WHOM THESE PRESENTS SHALL COME: Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto Senate Bill No.i1154 as passed by the Seventy-Eighth Texas Legislature, Regular Session, because of the following objections: The amendment to Senate Bill No. 1154 concerning library districts would have an adverse effect on the Village of Bee Cave and its citizens by negating a voter-approved sales tax for economic development projects. The bill requires a reduction in the sales tax rate of a 4B development corporation if a library district and corresponding sales tax is subsequently created within the boundaries of the corporation. This would retroactively override the statutory petition and election process provided in current law. 5126 78th Legislature — Regular Session 85th Day
The Mayor and City Council of the Village of Bee Cave have committed to providing the Lake Travis area with a fully-accredited library to be open within three years. The library will be available to the public without regard to residency and funded from sales tax revenues from the 4B development corporation. I support the intent of Senate Bill No.i1154 as filed. Therefore, by executive order, I am directing state agencies to make their printed publications accessible from their websites in an electronic format and furnish to the State Library a list of publications as they become available. Since the Legislature by its adjournment has prevented the return of this bill, I am filing these objections in the office of the Secretary of State and giving notice thereof by this public proclamation according to the aforementioned constitutional provision. IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003. /s/Rick Perry Governor of Texas (Seal) ATTESTED BY: /s/Gwyn Shea Secretary of State PROCLAMATION BY THE GOVERNOR OF THE STATE OF TEXAS TO ALL TO WHOM THESE PRESENTS SHALL COME: Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto Senate Bill No.i1504 as passed by the Seventy-Eighth Texas Legislature, Regular Session, because of the following objections: Senate Bill No. 1504 as engrossed was acceptable, but a problematic amendment would impede access to public records. The bill would limit access to information in an application for a license to operate a motor vehicle dealership from disclosure under the Public Information Act. The owners name, business address and phone number should be available to the public. Personal addresses and phone numbers should be protected. These records could only be disclosed in a judicial or administrative proceeding in accordance with a lawful subpoena. Restricted access to these records would hinder the filing of legitimate consumer complaints against vehicle dealerships. Since the Legislature by its adjournment has prevented the return of this bill, I am filing these objections in the office of the Secretary of State and giving notice thereof by this public proclamation according to the aforementioned constitutional provision. Monday, June 2, 2003 SENATE JOURNAL 5127
IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003. /s/Rick Perry Governor of Texas (Seal) ATTESTED BY: /s/Gwyn Shea Secretary of State PROCLAMATION BY THE GOVERNOR OF THE STATE OF TEXAS TO ALL TO WHOM THESE PRESENTS SHALL COME: Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto Senate Bill No.i1521 as passed by the Seventy-Eighth Texas Legislature, Regular Session, because of the following objections: I support the goal of increased tuition flexibility for institutions of higher education and have signed House Bill No.i3015 to accomplish that goal. Senate Bill No. 1521, which would allow institutions to raise the tuition for graduate schools of business to the same level as law schools does not achieve the comprehensive deregulation already provided in House Bill No.i3015. For that reason, Senate Bill No.i1521 is unnecessary. Since the Legislature by its adjournment has prevented the return of this bill, I am filing these objections in the office of the Secretary of State and giving notice thereof by this public proclamation according to the aforementioned constitutional provision. IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003. /s/Rick Perry Governor of Texas (Seal) ATTESTED BY: /s/Gwyn Shea Secretary of State PROCLAMATION BY THE GOVERNOR OF THE STATE OF TEXAS TO ALL TO WHOM THESE PRESENTS SHALL COME: Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto Senate Bill No.i1526 as passed by the 5128 78th Legislature — Regular Session 85th Day
Seventy-Eighth Texas Legislature, Regular Session, because of the following objections: Senate Bill No. 1526 would impede access to public records. The bill would limit access to information in an application for a license to operate a motor vehicle dealership from disclosure under the Public Information Act. The owners name, business address and phone number should be available to the public. Personal addresses and phone numbers should be protected. These personal records could only be disclosed in a judicial or administrative proceeding in accordance with a lawful subpoena. Restricted access to these records would hinder the filing of legitimate consumer complaints against vehicle dealerships. Since the Legislature by its adjournment has prevented the return of this bill, I am filing these objections in the office of the Secretary of State and giving notice thereof by this public proclamation according to the aforementioned constitutional provision. IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003. /s/Rick Perry Governor of Texas (Seal) ATTESTED BY: /s/Gwyn Shea Secretary of State PROCLAMATION BY THE GOVERNOR OF THE STATE OF TEXAS TO ALL TO WHOM THESE PRESENTS SHALL COME: Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto Senate Bill No.i1597 as passed by the Seventy-Eighth Texas Legislature, Regular Session, because of the following objections: Senate Bill No. 1597 would require a supervisor s’ review of a Class C misdemeanor arrest, impeding an officer s’ ability to make arrests. I have consistently opposed any effort to restrict a peace officer s’ discretionary arrest powers. Arrests for Class C misdemeanor offenses have been supported by the Supreme Court of the United States. Since the Legislature by its adjournment has prevented the return of this bill, I am filing these objections in the office of the Secretary of State and giving notice thereof by this public proclamation according to the aforementioned constitutional provision. Monday, June 2, 2003 SENATE JOURNAL 5129
IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003. /s/Rick Perry Governor of Texas (Seal) ATTESTED BY: /s/Gwyn Shea Secretary of State PROCLAMATION BY THE GOVERNOR OF THE STATE OF TEXAS TO ALL TO WHOM THESE PRESENTS SHALL COME: Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto Senate Bill No.i1601 as passed by the Seventy-Eighth Texas Legislature, Regular Session, because of the following objections: When a class action is settled or the defendant loses at trial, the defendant deposits the amount of the settlement or judgment into a trust fund. Individual plaintiffs may then apply to receive money from the fund. Usually, a large sum of money is left over which is not needed to settle the claim of any plaintiff. Because the money belongs to the defendant, it reverts back to the defendant when an agreed amount of time has passed. Senate Bill No. 1601 would require that all the money in the fund that is not paid to any plaintiff would be transferred to the Supreme Court to pay for indigent civil representation. However, any funds not needed to settle the claim of a plaintiff are still the property of the defendant. No one, including the state, has the right to take this property. Senate Bill No. 1601 is an unconstitutional taking of property without compensation. Since the Legislature by its adjournment has prevented the return of this bill, I am filing these objections in the office of the Secretary of State and giving notice thereof by this public proclamation according to the aforementioned constitutional provision. IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003. /s/Rick Perry Governor of Texas (Seal) ATTESTED BY: /s/Gwyn Shea Secretary of State 5130 78th Legislature — Regular Session 85th Day
PROCLAMATION BY THE GOVERNOR OF THE STATE OF TEXAS TO ALL TO WHOM THESE PRESENTS SHALL COME: Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto Senate Bill No.i1659 as passed by the Seventy-Eighth Texas Legislature, Regular Session, because of the following objections: Senate Bill No. 1659 would authorize property owners to designate an agent to receive tax refunds on their behalf. It would have allowed property owners to designate an agent to receive tax refunds on their behalf. This change would enable firms that help people obtain tax refunds to receive a person s’ refund in order to deduct its fee, usually 50 percent of the amount recovered. While these firms claim to provide a public service, appraisal districts provide this information to homeowners at no cost. The Attorney General has sued some firms of deceiving homeowners about how they can obtain a homestead exemption. The bill also requires senior citizens who establish a different homestead in the middle of the year to wait until the following Januaryi1 to qualify their new residence for a homestead exemption and corresponding tax ceiling, or "freeze." Current law allows citizens who are 65 or over to immediately qualify for the tax exemption on their new residence. Since the Legislature by its adjournment has prevented the return of this bill, I am filing these objections in the office of the Secretary of State and giving notice thereof by this public proclamation according to the aforementioned constitutional provision. IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003. /s/Rick Perry Governor of Texas (Seal) ATTESTED BY: /s/Gwyn Shea Secretary of State PROCLAMATION BY THE GOVERNOR OF THE STATE OF TEXAS TO ALL TO WHOM THESE PRESENTS SHALL COME: Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto Senate Bill No.i1705 as passed by the Seventy-Eighth Texas Legislature, Regular Session, because of the following objections: Monday, June 2, 2003 SENATE JOURNAL 5131
Current law allows metropolitan transit authorities (MTA) to tax telecommunications services if approved by each city that created the authority. Senate Bill No.i1705 would make it easier for VIA MTA in San Antonio to tax telecommunications services by taking the decision away from smaller cities and allowing the City of San Antonio and Bexar County to make the decision. This bill is unnecessary because voters will have an opportunity to approve a sales tax for an advanced transportation district, as proposed in Senate Bill No.i404, which I already have signed into law. Since the Legislature by its adjournment has prevented the return of this bill, I am filing these objections in the office of the Secretary of State and giving notice thereof by this public proclamation according to the aforementioned constitutional provision. IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003. /s/Rick Perry Governor of Texas (Seal) ATTESTED BY: /s/Gwyn Shea Secretary of State PROCLAMATION BY THE GOVERNOR OF THE STATE OF TEXAS TO ALL TO WHOM THESE PRESENTS SHALL COME: Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto Senate Bill No.i1782 as passed by the Seventy-Eighth Texas Legislature, Regular Session, because of the following objections: Senate Bill No. 1782 would allow Harris County, a county adjacent to Harris County, or a municipality located in one these counties to override a Texas Transportation Commission order concerning control of access to the state highway system. All freeways are built as controlled access highways. A drafting error gives a local government the ability to override a Transportation Commission order designating a road as a controlled access highway, which would prohibit the Department of Transportation from building a freeway in these counties. Providing municipalities the ability to decide where access to the state highway system will occur is covered in Senate Bill No.i361, which I have signed. Since the Legislature by its adjournment has prevented the return of this bill, I am filing these objections in the office of the Secretary of State and giving notice thereof by this public proclamation according to the aforementioned constitutional provision. 5132 78th Legislature — Regular Session 85th Day
IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003. /s/Rick Perry Governor of Texas (Seal) ATTESTED BY: /s/Gwyn Shea Secretary of State