TWENTY-SEVENTH DAY

TUESDAY, MARCH 4, 2003

PROCEEDINGS

The Senate met at 11:00 a.m. pursuant to adjournment and was called to order by the President. The roll was called and the following Senators were present:iiArmbrister, Averitt, Barrientos, Bivins, Brimer, Carona, Deuell, Duncan, Estes, Fraser, Gallegos, Harris, Hinojosa, Jackson, Janek, Lindsay, Lucio, Madla, Nelson, Ogden, Ratliff, Shapiro, Shapleigh, Staples, VanideiPutte, Wentworth, West, Whitmire, Williams, Zaffirini. Absent-excused:iiEllis. The President announced that a quorum of the Senate was present. The Reverend Barry W. Chinn, Woodlawn Baptist Church, Austin, offered the invocation as follows: O gracious creator, we thank You for giving us this bountiful state we call home and for our freedoms. We thank You for our Senators who govern during these days fraught with challenges. Give to them Thy grace and wisdom. Give them strength when they are weak. Give to them energy when they tire. Give them light when their skies are gray and dark. May their actions, decisions, and legislation preserve and serve the lives of all those who live within this fair state. Watch over our Senators this day. May we all experience Thy grace and tender care and be refreshed at the end of this day, knowing that the way we lived this hour truly made a difference. Amen. Senator Whitmire moved that the reading of the Journal of the proceedings of yesterday be dispensed with and the Journal be approved as printed. The motion prevailed without objection. LEAVE OF ABSENCE On motion of Senator Whitmire, Senator Ellis was granted leave of absence for the remainder of the week on account of important business. CO-AUTHOR OF SENATE BILL 124 On motion of Senator Shapleigh, Senator Carona will be shown as Co-author of SBi124. 384 78th Legislature — Regular Session 27th Day

CO-AUTHOR OF SENATE BILL 256 On motion of Senator Harris, Senator Lucio will be shown as Co-author of SBi256. CO-AUTHOR OF SENATE BILL 319 On motion of Senator Armbrister, Senator Deuell will be shown as Co-author of SBi319. CO-AUTHOR OF SENATE BILL 360 On motion of Senator Deuell, Senator Hinojosa will be shown as Co-author of SBi360. CO-AUTHOR OF SENATE BILL 362 On motion of Senator Ellis, Senator Williams will be shown as Co-author of SBi362. CO-AUTHOR OF SENATE BILL 377 On motion of Senator Armbrister, Senator VanideiPutte will be shown as Co-author of SBi377. CO-AUTHORS OF SENATE BILL 693 On motion of Senator Gallegos, Senators Armbrister, Barrientos, Carona, Hinojosa, Lucio, Madla, Nelson, Shapiro, Shapleigh, VanideiPutte, and Zaffirini will be shown as Co-authors of SBi693. CO-AUTHORS OF SENATE BILL 696 On motion of Senator Estes, Senators Armbrister, Hinojosa, Lindsay, and Lucio will be shown as Co-authors of SBi696. MESSAGE FROM THE HOUSE HOUSE CHAMBER Austin, March 4, 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 60, Recognizing March 4, 2003, as Ellis County Day at the State Capitol. HCR 98, Congratulating Tony Hills, Jr., of Alief Elsik High School on his athletic achievements. Respectfully, /s/Robert Haney, Chief Clerk House of Representatives Tuesday, March 4, 2003 SENATE JOURNAL 385

ESCORT COMMITTEE APPOINTED In accordance with the provisions of HCRi66, the President announced the appointment of the following as a Committee to Escort the Honorable Thomas R. Phillips, Chief Justice of the , to the Joint Session:iiSenators Duncan, Chair; Averitt, Bivins, Gallegos, Harris, Lucio, and West. RESOLUTIONS SIGNED The President announced the signing of the following enrolled resolutions in the presence of the Senate:ii HCRi65, HCRi66. GUESTS PRESENTED Senator Barrientos was recognized and introduced to the Senate a group of students from Johnston High School in Austin. The Senate welcomed its guests. MOTION TO RECESS On motion of Senator Whitmire and by unanimous consent, the Senate at 11:10ia.m. agreed to recess, upon conclusion of today s’ Joint Session, until 1:00 p.m. today. AT EASE The President at 11:10 a.m. announced the Senate would stand At Ease in order to attend the Joint Session. JOINT SESSION (To hear the State of the Judiciary Address by the Honorable Thomas R. Phillips, Chief Justice, Supreme Court of Texas) The President announced the time had arrived for the Joint Session pursuant to the provisions of HCR 66. The President of the Senate and the Senators present, escorted by the Secretary of the Senate and the Sergeant-at-Arms, proceeded to the Hall of the House of Representatives at 11:00 a.m. The Honorable , President of the Senate, was announced and, on invitation of the Speaker, occupied a seat at the Speaker s’ Rostrum. The Honorable , Governor of the State of Texas, was announced and, on invitation of the Speaker, occupied a seat at the Speaker s’ Rostrum. The Senators were announced and were admitted and escorted to seats prepared for them along the aisle. The Honorable Thomas R. Phillips, Chief Justice of the Supreme Court of Texas, and his party were announced and were escorted to the Speaker s’ Rostrum by Senators Duncan, Chair; Averitt, Bivins, Gallegos, Harris, Lucio, and West on the part of the Senate and Representatives Hartnett, Chair; Baxter, Garza, Hegar, Hodge, T.iSmith, Solis, and Talton on the part of the House. The Honorable David Dewhurst, President of the Senate, called the Senate to order and announced a quorum of the Senate present. 386 78th Legislature — Regular Session 27th Day

The Honorable Tom Craddick, Speaker of the House of Representatives, called the House to order, announced a quorum of the House present, and stated the purpose of the Joint Session. Speaker Craddick introduced the platform guests. The President introduced Chief Justice Thomas R. Phillips who addressed the Joint Session as follows: Governor Perry, Governor Dewhurst, Speaker Craddick, distinguished Members of the Seventy-eighth Legislature, fellow judges, and fellow Texans:iion behalf of the judiciary of Texas, I very much appreciate the opportunity to deliver this State of the Judiciary Address to a Joint Session of the Legislature. By inviting me to appear in the same manner as you invite the Governor to give the State of the State Address, you demonstrate the Legislature s’ respect for each department of government as separate and co-equal. The judges of Texas appreciate that commitment, and we pledge ourselves ready to work with you in devising creative solutions to the problems that face our branch. Early in the Civil War, the United States found that spiraling budget demands obliged it to start printing paper money. A cabinet officer reportedly asked President Lincoln whether the new greenbacks should bear the motto "In God We Trust." Lincoln replied that a more appropriate biblical inscription might be: "Silver and gold have I none, but such as I have I give thee." Like the beggar seeking alms at the temple gate, the judicial branch has little chance of success if all we seek from the Legislature this year is new money and new programs, especially since you don t’ have a printing press to balance your budget. But just as the beggar received from Peter and John something far more precious than money, the ability to walk and leap, you can use the current crisis to give the judiciary something far better. You can reduce appropriations to the third branch not by rationing justice, but by restructuring the judicial system. You can make our courts not merely more economical, but more efficient and responsive as well. By removing obstacles to judicial efficiency, by redistricting the trial and appellate courts, and, most of all, by permitting the voters to decide whether to change the way we choose judges, you can enhance the rule of all across Texas. Enhancing Judicial Efficiency As a result of proposed reductions to judicial appropriations, appellate courts will have smaller staffs and trial courts will have less technology. We can deal with these reductions better if the Legislature will streamline our courts to eliminate unnecessary work. In particular, I ask you to ensure that the statutes granting jurisdiction to the various courts of our state are clear and consistent, so that judges and litigants need not struggle over whether a case has been filed in or appealed to the proper court. And I ask you to review and amend those statutes which, for whatever reason, the courts have not satisfactorily interpreted and applied. To give but one example, our court for nearly 30 years has had difficulty understanding that part of the Tuesday, March 4, 2003 SENATE JOURNAL 387

Texas Tort Claims Act waiving sovereign immunity for "personal injury and deathi.i.i.icaused by a condition or use of tangible personal or real propertyi.i.i.."iIn both majority opinions and dissents, we have repeatedly called upon the Legislature to clarify this language, which is not found in the of any other state. In recent years, the House of Representatives has asked its Committee on Civil Practices to review and report on those appellate judicial decisions that "(1)iclearly failed to properly implement legislative purposes, (2)ifound two or more statutes to be in conflict, (3)iheld a statute to be unconstitutional, (4)iexpressly found a statute to be ambiguous, or (5)iexpressly suggested legislative action." The reports generated by these charges could help you draft clarifying language which will benefit the entire legal system. Judicial Redistricting Trial Court Redistricting. You could greatly enhance equal access to justice by redistricting the state s’ district and appellate courts. The Texas Constitution contemplates that the Legislature will "enact[] a statewide reapportionment of the judicial districts following each federal decennial census." If the Legislature fails to act by the first Monday in June of the third year after the census, a series of default procedures commence that may or may not result in a new plan. I realize how hard it is to redistrict the state s’ courts, having devised one plan of my own as part of my dissent to the Order of the Judicial Districts Board in 1993. I also know that many of you, during the recent interim and a decade ago, devoted many hours to this issue. Like me, you found that counties varied widely in the budget and staff devoted to their district courts, the types of cases filed in their districts, and the extra-judicial duties imposed on their judges. You found that many judges had to travel across several counties, while others had to hear only one particular type of case within a single county. You found that some counties were served by statutory county courts with nearly equivalent jurisdiction to the district courts, while others had statutory courts of more limited jurisdiction or only a constitutional county court. You found that building a prison or closing a plant could have a large impact on the judicial workload of a smaller county. Yet, these facts abide. First, the Legislature has not passed comprehensive judicial redistricting since 1883, so it is unlikely that another look this year would be premature. Second, some district courts have far more work than others. Last year, for example, nearly 12 times as many cases were filed in the busiest district court as in the least crowded court. Third, if you equalize judicial workloads, the state can reduce expenditures for visiting judges, who are often assigned to move the state s’ most crowded dockets. Appellate Redistricting. I also urge you to reconfigure our appellate judicial districts. No new appellate judgeships have been added since 1981, no new courts of appeals have been created since 1967, and no comprehensive redistricting has occurred since 1927. As a result, last year 388 78th Legislature — Regular Session 27th Day

more than three times as many appeals per justice were filed in the busiest court as in the least crowded. To be sure, the Legislature has alleviated this imbalance by directing the Supreme Court to transfer cases between courts under a docket equalization program. But these transfers cost time and money, particularly because justices have to travel to the place where the appeal was originally filed to hear oral argument unless all parties agree otherwise. Moreover, some appeals are subject to forum shopping because, unlike any other state, Texas places some counties in more than one appellate district. As required by law, the Supreme Court has submitted to this Legislature its decennial assessment of the needs for changing appellate courts. While we do not recommend eliminating any courts, we strongly urge you to eliminate overlapping districts and reallocate existing courts to even out the workload. In some parts of the state, you will find a ready consensus for change. For example, I am told that the bench and bar in both El Paso and Midland support moving Midland County from the Eighth Court of Appeals to some other court. Other changes, however, may meet with strong local resistance. But courts are not for judges, and not for , but for the public, who deserve predictability and current dockets regardless of where they live. Therefore, I ask you to redistrict the appellate courts. Judicial Selection Reform I have saved for last the issue which I personally believe is most critical for our courts–the question of how we elect our judges. Our partisan, high-dollar judicial selection system has diminished public confidence in our courts, damaged our reputation throughout the country and around the world, and discouraged able lawyers from pursuing a judicial career. I urge you to submit a constitutional amendment at the earliest possible date to allow the people to decide whether they would prefer another election method. When Texas adopted judicial elections in 1850, there were only three supreme and 11 district judges in the entire state. The judicial ballot was short:iicitizens voted in one or perhaps two races. Candidates campaigned through stump speeches and handbills, with a few kegs of whiskey for thirsty voters being the principal expense. Reformers believed then that judges chosen by the people would be more independent, more qualified, and more accountable. Today, long ballots, partisan sweeps, and big money campaigns have completely negated the original intent of judicial elections. Only three other states–Alabama, Louisiana, and West Virginia–still choose all their trial and appellate judges, both initially and for re-election, in partisan contested elections. Most other states have concluded that the goals of an independent, qualified, and accountable judiciary can better be achieved by treating judicial races differently. Many states have chosen retention elections, which require every judge to run on a nonpartisan "yes" or "no" ballot at the end of each term. Tuesday, March 4, 2003 SENATE JOURNAL 389

Under SJRi33 and HJRi63, filed yesterday with bipartisan sponsorship, all current Supreme Court, Court of Criminal Appeals, Court of Appeals, and District Court justices and judges would stand for retention elections at the end of their terms. When a vacancy occurs, whether by death, resignation, removal, defeat, or new court creation, the Governor would appoint a successor. Although the new judge would take office immediately, his or her appointment would be subject to Senate confirmation before the first retention election. The Senate could also adopt rules requiring additional approval by the Nominations Committee for appointments made between sessions. Retention elections would preserve most of the good of electing judges while alleviating most of the bad. Far from diluting the democratic process, retention elections would actually give most voters more control over their judges than they now enjoy. Today, most Texas judicial races are unopposed, and most incumbents therefore need only one vote to be re-elected. Almost half of all Texas judges are initially appointed anyway, to a new bench or to fill an unexpired term. Many judges, particularly in less populated counties, have never had an opponent in their judicial careers. With retention elections, on the other hand, every judge would face his or her employers, the people, at regular intervals. If judges who know that voters can remove them are more patient, punctual, and efficient, then why not ensure that all 516 state judges are subject to a meaningful vote? Because retention elections are nonpartisan, they will encourage a more deliberate vote. Since 1980, nearly one-third of all state judges who were opposed in a general election were defeated. Most of these defeats, I submit, were more about party label than competence or qualifications. While justice should be blind, voting shouldn t’ be. Yet, because of rapid changes in demographics and political affiliations across many parts of Texas, judicial turnover will undoubtedly increase in the coming years if we keep the current system. Retention elections will also minimize the need for most judges to amass million-dollar war chests and hire image consultants. With very few exceptions, retention elections in other states more closely resemble the rather genteel canvasses of the 1850s than the raucous Texas Supreme Court elections of the 1980s and 1990s. The damage to public confidence caused by these nasty contests is hard to calculate, but a 1998 survey revealed that 83 percent of Texans believed that Texas judicial decisions were "very" or "fairly" significantly influenced by campaign contributions. Perhaps worse, from watching 60 Minutes or Frontline or reading the New York Times, the Financial Times, or USA Today, millions of people worldwide now believe that politics has compromised the rule of law in Texas courts. 390 78th Legislature — Regular Session 27th Day

Lawrence Sullivan Ross was right when, at the Constitutional Convention of 1875, he labeled "[t]he destruction of public confidence in the judiciary" as "the greatest curse than can befall a country." When we look at the surcharges that some reinsurers impose on customers that do business in Texas, or the lengths to which some contracting parties will go to keep their disputes away from Texas courts, is it not possible that Governor Ross ’curse is already upon us? Contested, partisan judicial elections are likely to erode public confidence even further in the wake of last year s’ United States Supreme Court opinion in Republican Party of Minnesota v. White. Because of that decision, the Texas Supreme Court has repealed that canon of our Code of Judicial Conduct which kept judges and judicial candidates from commenting on issues that might come before their courts. Issue-oriented campaigns make it difficult for people to distinguish between legislators who make the law and judges who merely interpret it. Last year, a stopped me on the street to share a problem: his law firm couldn t’ decide who to support in a high-profile race between two district judges for a seat on our court. He very much wanted to support the winner, complaining that his firm would really be hurt if they guessed wrong. I was stunned. Weren t’ both candidates able jurists who put principle above politics? "Yes," he readily agreed. Then why not just support the better candidate, I inquired. "Well," he explained, "our firm wants our clients to believe that we re’ players. If we back a loser, we ll’ have no credibility." This year, you can offer the people of Texas a judiciary where no client will have to ask their lawyer, "How are you with the judge?" You can end the years of debate on this issue by letting the people decide, once and for all, what kind of election system they prefer. We have talked about this issue enough. As Shakespeare put it, "Action is eloquence." RECESS The President at 11:47 a.m. announced that the purpose for which the Joint Session was called having been completed and pursuant to a previously adopted motion, the Senate would stand recessed until 1:00 p.m. today. AFTER RECESS The Senate met at 1:00 p.m. and was called to order by Senator Ogden. PHYSICIAN OF THE DAY Senator Wentworth was recognized and presented Dr. Michael Hindman of New Braunfels as the Physician of the Day. The Senate welcomed Dr. Hindman and thanked him for his participation in the Physician of the Day program sponsored by the Texas Academy of Family Physicians. Tuesday, March 4, 2003 SENATE JOURNAL 391

(President in Chair) MESSAGES FROM THE GOVERNOR The following Messages from the Governor were read and were referred to the Committee on Nominations: Austin, Texas March 3, 2003 TO THE SENATE OF THE SEVENTY-EIGHTH LEGISLATURE, REGULAR SESSION: I ask the advice, consent and confirmation of the Senate with respect to the following appointments: TO BE MEMBERS OF THE TEXASONLINE AUTHORITY for terms to expire as indicated: To Expire February 1, 2007: Ross Fischer P. O. Box 312 Kendalia, Texasii78027 (replacing Reagan Greer of who is no longer eligible) To Expire February 1, 2009: Aurora F. LeBrun 10 Wilson Circle Wimberley, Texasii78676 (Ms. LeBrun is being reappointed) Pamela K. Quinn 6202 Clear Creek Drive Garland, Texasii75044 (Ms. Quinn is being reappointed) Lee H. Zieben 3131 Cummins, No. 7 , Texasii77027 (replacing Douglas Scott of Carrollton whose term expired) Respectfully submitted, /s/Rick Perry Governor Austin, Texas March 4, 2003 TO THE SENATE OF THE SEVENTY-EIGHTH LEGISLATURE, REGULAR SESSION: I ask the advice, consent and confirmation of the Senate with respect to the following appointments: 392 78th Legislature — Regular Session 27th Day

TO BE A MEMBER OF THE TEXAS LOTTERY COMMISSION for a term to expire February 1, 2009: James A. Cox, Jr. 2805 Pecos Street Austin, Texasii78703-1161 (Mr. Cox is being reappointed) TO BE A MEMBER OF THE DEPARTMENT OF INFORMATION RESOURCES BOARD OF DIRECTORS for a term to expire February 1, 2009: William L. Transier 971 Kirby Drive Houston, Texasii77019 (replacing Carole Greisdorf of Plano whose term expired) Respectfully submitted, /s/Rick Perry Governor MESSAGE FROM THE HOUSE HOUSE CHAMBER Austin, Texas March 4, 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 18, Authorizing the burial of Steven Leslie Martin in the State Cemetery. Respectfully, /s/Robert Haney, Chief Clerk House of Representatives SENATE RESOLUTION 262 Senator Estes offered the following resolution: WHEREAS, The Senate of the State of Texas is pleased to recognize March 4, 2003, as Cotton Day at the State Capitol to honor the significant role cotton has played in the economic ; and WHEREAS, Cotton farming began in Texas as early as 1745 and was practiced by Spanish missionaries living around present-day San Antonio; later, Anglo-American colonists who traveled to Texas with Stephen F. Austin would begin cultivating cotton on their settlements between the Trinity and Brazos rivers; and Tuesday, March 4, 2003 SENATE JOURNAL 393

WHEREAS, In the late 1850s and early 1860s, a sharp rise in cotton production occurred when new areas for planting were opened with the westward push of Texas settlers; and WHEREAS, Several developments aided cotton production in , an arid region devoted to ranching; inventions like barbed wire, along with the expansion of the railroad and improved methods of irrigation, allowed cotton to be grown in the plains and the prairies of the Panhandle by the early 20th century; and WHEREAS, Because of its pervasiveness, cotton earned the title of "King" in Texas; today, cotton is still King in Texas, as our state s’ annual cotton harvest accounts for approximately one-quarter of the nation s’ total cotton production; and WHEREAS, Since 1993, the annual cotton crop in Texas has averaged 4.53 million bales; the total value of upland and pima lint cotton produced in Texas in 2001 was $859,954,000 and cottonseed value in 2001 was $140,547,000; and WHEREAS, In this new millennium, uses for cotton are ever increasing; in addition to using its fiber for cloth, cottonseeds are now used for cooking oils, livestock feed, and cleansing products, as well as for various other products made from its linters, hulls, and meats; and WHEREAS, Texas is a major supplier of cotton, not only for the United States, but for the world; major buyers of Texas cotton are located in Asia and in Mexico; and WHEREAS, The state is especially proud of its tradition of cotton growth and production; cotton is a versatile crop which affords thousands of Texans their livelihood, and all those citizens associated with its production are deserving of legislative recognition; now, therefore, be it RESOLVED, That the Senate of the State of Texas hereby declare March 4, 2003, Cotton Day at the Capitol and extend a warm welcome to those associated with the cotton industry who will visit Austin on this day; and, be it further RESOLVED, That a copy of this Resolution be prepared for the cotton industry as an expression of appreciation from the . The resolution was read and was adopted without objection. GUESTS PRESENTED Senator Estes was recognized and introduced to the Senate representatives of the cotton industry. The Senate welcomed its guests. SENATE RESOLUTION 271 Senator Janek offered the following resolution: WHEREAS, The Texas Senate is pleased to welcome the registered nurses, licensed vocational nurses, and nursing students who are visiting the State Capitol as part of Nurse Days at the Capitol 2003; and WHEREAS, The 130,000 registered nurses and 70,000 licensed vocational nurses providing nursing care for Texans every day in hospitals, nursing homes, and home health agencies throughout this state are critical to the quality of health care in Texas; and WHEREAS, Nursing is one of the world s’ most trusted professions and is held in high esteem by the citizens of our state and nation; and 394 78th Legislature — Regular Session 27th Day

WHEREAS, Nursing students dedicated to caring for people represent the future of this honorable profession; and WHEREAS, Texas had a shortage of nurses in 2001, which this legislature took significant steps to address through supporting increased enrollments in the nursing schools of Texas; and WHEREAS, Texas continues to have a critical shortage of nurses, which is predicted to worsen significantly over the next decade, and the legislature will continue its efforts to address this shortage, as our state will always need and value its nurses; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 78th Legislature, hereby recognize March 4 and 5, 2003, as Nurse Days at the Capitol and welcome the nurses and nursing students to the State Capitol; and, be it further RESOLVED, That a copy of this Resolution be prepared in honor of the nursing profession as an expression of high regard from the Texas Senate. The resolution was read and was adopted without objection. GUESTS PRESENTED Senator Janek was recognized and introduced to the Senate K. Lynn Wieck, President, Texas Nurses Association; Clair Jordan; and Ellen Palmer; accompanied by a delegation of nurses. The Senate welcomed its guests. SENATE RESOLUTION 245 Senator Nelson offered the following resolution: WHEREAS, The Senate of the State of Texas is pleased to recognize Dr. Vernard Johnson, who was honored as the Entertainer of the Year by the Texas Legislative Black Caucus on February 7, 2003; and WHEREAS, Dr. Johnson, the first African American to receive a doctorate in music from the Southwestern Baptist Theological Seminary, is president of the Vernard Johnson Concert Ministry; he is also the first executive director of the Instrumental Music Division of the International Music Department of the Church of God in Christ, worldwide; and WHEREAS, The first gospel music recording artist to have recorded 16 albums on the saxophone, Vernard Johnson, has been acclaimed as "The Greatest Gospel Saxophonist in the World"; and WHEREAS, A highly regarded musician by music critics and by religious and world leaders, Dr. Johnson has established an outstanding reputation for his gospel music ministry; he has performed before diverse audiences, including President Ronald Reagan and President Bill Clinton, kings and queens, federal prisoners, and public school students; and WHEREAS, Through his television, radio, and personal appearances, Vernard Johnson has performed before more than 400 million people worldwide; and WHEREAS, Dr. Johnson has inspired countless individuals throughout Texas and the world to deepen their spiritual values, and he has received honors from more than 100 cities for the positive impact he has had on the lives of his listeners; now, therefore, be it Tuesday, March 4, 2003 SENATE JOURNAL 395

RESOLVED, That the Senate of the State of Texas, 78th Legislature, hereby commend and congratulate Dr. Vernard Johnson on his outstanding ministry and on earning the title of Entertainer of the Year 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 Nelson was recognized and introduced to the Senate Dr. Vernard Johnson, his wife, Betty, and Ernestine Cole. The Senate welcomed its guests. GUEST PRESENTED Senator Gallegos was recognized and introduced to the Senate Dr. Kenneth Mattox, Chief of Surgery at Ben Taub Hospital in Houston. The Senate welcomed Dr. Mattox. HOUSE CONCURRENT RESOLUTION 98 The President laid before the Senate the following resolution: HCR 98, Congratulating Tony Hills, Jr., of Alief Elsik High School on his athletic achievements. ELLIS The resolution was read. On motion of Senator Whitmire, on behalf of Senator Ellis, and by unanimous consent, the resolution was considered immediately and was adopted without objection. GUESTS PRESENTED Senator Whitmire, on behalf of Senator Ellis, was recognized and introduced to the Senate Tony Hills, Jr., and his coach, Bill Barron, from Elsik High School in Alief. The Senate welcomed its guests. CONCLUSION OF MORNING CALL The President at 1:30 p.m. announced the conclusion of morning call. COMMITTEE SUBSTITUTE SENATE BILL 15 ON THIRD READING Senator Madla moved to suspend the regular order of business to take up for consideration CSSBi15 at this time on its third reading and final passage: CSSB 15, Relating to the use of appropriations in the Smart Jobs Fund as business location incentives; making an appropriation. The motion prevailed by the following vote:iiYeasi30, Naysi0. Absent-excused:iiEllis. The bill was read third time. 396 78th Legislature — Regular Session 27th Day

(Senator Ogden in Chair) Senator Duncan offered the following amendment to the bill: Floor Amendment No. 1 Amend CSSB 15 as follows: (1)iiCommittee printing, page 1, line 21, strike businesses’ locating ’ and substitute "local governmental entities". (2)iiCommittee printing, page 1, line 24, strike may’ ’and substitute "must". (3)iiCommittee printing, page 1, between lines 38 and 39, add a new Subsection (d) to read as follows and re-letter subsections accordingly: (d)iiA grant awarded under this section is contingent on the recipient meeting certain criteria relating to the purposes for which the grant is made. Before awarding a grant under this section, the Texas Department of Economic Development must enter into a written agreement with the local governmental entity being awarded the grant specifying that: (1)iiif all or any portion of the amount of the grant is used to build infrastructure or make any other type of capital improvement, the state must: (A)iiretain a lien or other interest in the capital improvement in proportion to the percentage of the grant amount used to pay for the capital improvement; and (B)iiensure that if the capital improvement is sold, the grant recipient repays the department, with interest at the agreed rate and terms, any state money used to pay for the capital improvement and shares with this state a proportionate amount of any profit realized from the sale; and (2)iiif, upon the expiration of a date provided in the agreement, the grant recipient fails to use an amount awarded under this section for any of the purposes for which the grant was intended, the recipient shall repay that amount and any related interest to the state at the agreed rate and terms. The floor amendment was read and was adopted without objection. On motion of Senator Madla and by unanimous consent, the caption was again amended to conform to the body of the bill as amended. CSSBi15 as amended was finally passediby the following vote:iiYeasi30, Naysi0. Absent-excused:iiEllis. (President in Chair) SENATE BILL 200 ON SECOND READING Senator Shapiro moved that Senate Rule 7.13; Section 5, Article III, of the Texas Constitution; and the regular order of business be suspended and that SBi200 be taken up for consideration at this time: SB 200, Relating to authorizing hospital districts located in counties having a population of two million or more to pledge hospital system revenues and tax revenues to the payment of combination tax and revenue bonds and other obligations if the pledge is approved at an election, and related matters. Tuesday, March 4, 2003 SENATE JOURNAL 397

The motion prevailed by the following vote:iiYeasi27, Naysi2, Present-not votingi1. Yeas:iiArmbrister, Averitt, Barrientos, Bivins, Brimer, Carona, Deuell, Duncan, Estes, Fraser, Gallegos, Harris, Hinojosa, Jackson, Lindsay, Lucio, Madla, Nelson, Ogden, Ratliff, Shapiro, Shapleigh, Staples, VanideiPutte, Whitmire, Williams, Zaffirini. Nays:iiJanek, Wentworth. Present-not voting:iiWest. Absent-excused:iiEllis. The bill was read second time. Senator Shapiro offered the following committee amendment to the bill: Committee Amendment No. 1 (1) Amend SB 200 by deleting subsection (a) of Section 281.106 of the bill and inserting a new subsection (a) to read as follows: (a) This section is applicable to any hospital district that was created pursuant to the authority granted by Section 4, Article IX, Texas Constitution, is operating under this chapter, and has previously held an election at which the voters approved the levy and assessment of an ad valorem tax at a rate not greater than 75 cents per $100 of assessed valuation of taxable property within the district. (2) Amend the title of SB 200 to conform to the bill as amended by the above amendment. The committee amendment was read and was adopted without objection. RECORD OF VOTE Senator West asked to be recorded as "Present-not voting" on the adoption of Committee Amendment No. 1. SBi200 as amended was passed to engrossment by a viva voce vote. RECORD OF VOTE Senator West asked to be recorded as "Present-not voting" on the passage of SBi200 to engrossment. SENATE BILL 200 ON THIRD READING Senator Shapiro moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SBi200 be placed on its third reading and final passage. The motion prevailed by the following vote:iiYeasi26, Naysi3, Present-not votingi1. Yeas:iiArmbrister, Averitt, Barrientos, Bivins, Brimer, Carona, Deuell, Duncan, Estes, Fraser, Gallegos, Harris, Hinojosa, Jackson, Lindsay, Lucio, Madla, Nelson, Ogden, Shapiro, Shapleigh, Staples, VanideiPutte, Whitmire, Williams, Zaffirini. 398 78th Legislature — Regular Session 27th Day

Nays:iiJanek, Ratliff, Wentworth. Present-not voting:iiWest. Absent-excused:iiEllis. The bill was read third time and was passed by the following vote:iiYeasi29, Naysi0, Present-not votingi1. Present-not voting:iiWest. Absent-excused:iiEllis. REPORTS OF COMMITTEE ON NOMINATIONS Senator Lindsay submitted the following reports from the Committee on Nominations: We, your Committee on Nominations, to which were referred the following appointments, have had same under consideration and report them back to the Senate with a recommendation that they be confirmed: Member, Telecommunications Infrastructure Fund Board:iiPatrick Cordero, Midland County. Secretary of State:iiGwyn Shea, County. Presiding Officer, Texas Department of Economic Development Governing Board:iiMacedonio "Massey" Villarreal, Fort Bend County. Members, Texas Department of Economic Development Governing Board:iiHector Delgado, El Paso County; Thomas L. "Tommy" Whaley, Sr., Harrison County. Chair, State Board of Education:iiGeraldine E. "Tincy" Miller, Dallas County. Member, Texas Commission on Environmental Quality:iiKathleen Hartnett White, Jeff Davis County. Members, State Committee of Examiners in the Fitting and Dispensing of Hearing Instruments:iiKenneth W. Earl, Orange County; Jerome Kosoy, M.D., Harris County; Cherri Ann Robbins, Bexar County. Member, Board for Lease of Parks and Wildlife Department Lands:iiBradford D. "Brad" McJunkin, Collin County. Member, Texas Mutual Insurance Company Board of Directors:iiMartin H. Young, Jr., Montgomery County. Members, Texas State Board of Plumbing Examiners:iiArt Cuevas, Lubbock County; John Hatchel, McLennan County; Robert A. Tarver, Jefferson County. Members, Polygraph Examiners Board:iiElizabeth P. "Liz" Bellegarde, El Paso County; Horacio Ortiz, Nueces County. Members, Real Estate Research Advisory Committee:iiDavid E. Dalzell, Taylor County; Tom H. Gann, Angelina County; Joe Bob McCartt, Potter County; DouglasiA. Schwartz, El Paso County. Director, Office of State-Federal Relations:iiAntonio Edwardo "Ed" Pe´rez. Tuesday, March 4, 2003 SENATE JOURNAL 399

Members, Commission on Uniform State Laws:iiLevi J. Benton, Harris County; Peter K. Munson, Grayson County; Marilyn E. Phelan, Hockley County; Rodney W. Satterwhite, Midland County; Karen Roberts Washington, Dallas County; Earl L. "Lee" Yeakel III, Travis County. Members, State Board of Veterinary Medical Examiners:iiGuy Wayne Johnsen, D.V.M., El Paso County; Robert L. Lastovica, D.V.M., Gillespie County; Dawn Elise Reveley, Williamson County. Presiding Officer, Public Utility Commission of Texas:iiRebecca Anne Klein, Travis County. Commissioner, Public Utility Commission of Texas:iiJulie Caruthers Parsley, Travis County. Counsellor, Office of Public Utility Counsel:iiSuzi Ray McClellan, Travis County. Presiding Officer, Texas Department of Housing and Community Affairs Board:iiMichael Edwin Jones, Smith County. Members, Texas Department of Housing and Community Affairs Board:iiElizabeth M. "Beth" Anderson, Dallas County; Shadrick Bogany, Fort Bend County; Vidal Gonzalez, Val Verde County; Norberto Salinas, Hidalgo County. Members, Manufactured Housing Board:iiJack L. Davis, Kaufman County; Clement Pete Moreno, Travis County; Joan C. Tavarez, Hidalgo County. Members, Board of Protective and Regulatory Services:iiJohn R. Castle, Jr., Dallas County; Anne Crichton Crews, Dallas County. Chair, Texas Workers ’ Compensation Commission:iiRichard Allen Smith, Brazos County. Members, Texas Workers ’Compensation Commission:iiMike Hachtman, Harris County; Eddie Wilkerson, Harris County. Members, Angelina and Neches River Authority Board of Directors:iiAlfred "Al" Chavira, Cherokee County; Joe M. Deason, Angelina County; James E. Raney, Nacogdoches County; George S. Vorpahl, Angelina County. Member, Gulf Coast Waste Disposal Authority Board of Directors:iiZoe Milian Barinaga, Harris County. Members, Lower Neches Valley Authority Board of Directors:iiLonnie Arrington, Jefferson County; Brian Babin, D.D.S., Tyler County; William E. "Bill" Neild, Jefferson County; Lila Long Pond, Jefferson County; James Olan Webb, Hardin County. Director, Tollway Authority Board of Directors:iiMarilyn Kay Walls, Johnson County. Rio Grande Compact Commissioner of Texas:iiJoe G. Hanson, El Paso County. 400 78th Legislature — Regular Session 27th Day

Members, Sabine River Authority Board of Directors:iiSammy Dean Dance, Shelby County; J.iD. Jacobs, Jr., Rockwall County; Constance M. "Connie" Ware, Harrison County; Clarence Earl Williams, Orange County. Member, Sabine River Compact Administration:iiGary Eugene Gagnon, Orange County. Members, State Board of Examiners for Speech-Language Pathology and Audiology:iiRosario Rodriguez Brusniak, M.A., Collin County; Matthew Houston Lyon, El Paso County; Minnette Son, M.D., Bexar County. NOTICE OF CONSIDERATION OF NOMINATIONS Senator Lindsay gave notice that he would Thursday, March 6, 2003, at the conclusion of morning call submit to the Senate for consideration nominations to agencies, boards, and commissions of the state. RESOLUTIONS OF RECOGNITION The following resolutions were adopted by the Senate: Congratulatory Resolutions SR 227 by Averitt, Commending the people of Ellis County for their contributions to the state. SR 286 by Madla, Commending the Mexican American Network of Odessa Hispanic Chamber of Commerce for its accomplishments. SR 288 by Gallegos, Commending Dr. Sylvia R. Ramos of Houston for her contributions to higher education. SR 290 by Zaffirini, VanideiPutte, and Wentworth, Commending William R. Sinkin of San Antonio for his service to his community. SR 293 by Gallegos, Commending the Avenue Community Development Corporation in Houston for its contributions to its community. SR 294 by Zaffirini, Commending the Texas Foreign Language Association for its support of foreign language study. Official Designation Resolutions SR 289 by VanideiPutte, Recognizing September of 2003 as Ovarian Cancer Awareness Month in the State of Texas. HCR 60 (Averitt), Recognizing March 4, 2003, as Ellis County Day at the State Capitol. Tuesday, March 4, 2003 SENATE JOURNAL 401

ADJOURNMENT On motion of Senator Whitmire, the Senate at 1:46 p.m. adjourned until 11:00ia.m. tomorrow.

AAAPPENDIXAA

COMMITTEE REPORT The following committee report was received by the Secretary of the Senate: March 4, 2003 INFRASTRUCTURE DEVELOPMENT AND SECURITY — CSSB 209