TWENTY-SECOND DAY

MONDAY, FEBRUARY 24, 2003

PROCEEDINGS

The Senate met at 1:30 p.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 of the Senate was present. The Reverend Randy Piatt, First Baptist Church, Dayton, offered the invocation as follows: O Lord, our God, our merciful heavenly father, how majestic is Your name in all the Earth. May we be glad and rejoice in You and praise You for the gift of this day for You are our hope and salvation. Have mercy on us, O God, according to Your unfailing love. Renew a steadfast spirit within us to sustain us in these difficult days. Father, grant us wisdom from on high and compassion and love for one another that goes beyond race or color or culture. May our actions today be a reflection of Your love and grace. Father, help us to walk in truth and to preserve the freedom You have granted us. But help us not to use our freedom to indulge in sinful and selfish ways; rather, serve one another in love. Help us, heavenly Father, not be anxious about anything, which is difficult in these turbulent days, but in prayer and thanksgiving to present our requests to You, O God. We lift our leaders and legislators up to You and ask that You give them wisdom and pure hearts as they guide and lead the people of this great state. And, Lord, help us to be obedient to their leadership and submissive to their authority. Father, we pray for them that their work will be a joy, not a burden. May everything that is said and done here today bring You, O God, honor and glory, for it is in the name of Your son, Jesus Christ, that we ask these things. Amen. 300 78th Legislature — Regular Session 22nd Day

Senator Whitmire moved that the reading of the Journal of the proceedings of Thursday, February 20, 2003, be dispensed with and the Journal be approved as printed. The motion prevailed without objection. CO-AUTHORS OF SENATE RESOLUTION 216 On motion of Senator Williams, Senators Janek and Staples will be shown as Co-authors of SRi216. GUEST PRESENTED Senator Nelson was recognized and introduced to the Senate Congressman MichaeliBurgess of Highland Village. The Senate welcomed Congressman Burgess. PHYSICIAN OF THE DAY Senator Ogden was recognized and presented Dr. Nancy Dickey of Bryan as the Physician of the Day. The Senate welcomed Dr. Dickey and thanked her for her participation in the Physician of the Day program sponsored by the Academy of Family Physicians. SENATE BILLS ON FIRST READING The following bills were introduced, read first time, and referred to the committees indicated: SB 10 by Averitt, Brimer, Carona, Harris, Jackson, VanideiPutte, Williams Relating to the creation of employer health benefit plan groups. To Committee on State Affairs. SB 273 by Shapleigh Relating to the continuation and functions of the Court Reporters Certification Board; providing an administrative penalty. To Committee on Government Organization. SB 526 by Staples, Williams Relating to the San Jacinto River Authority board of directors. To Committee on Natural Resources. SB 527 by Madla Relating to the establishment of security forces in certain metropolitan rapid transit authorities. To Committee on Intergovernmental Relations. SB 528 by Madla Relating to certain money received by a regional advisory council for trauma care. To Committee on Health and Human Services. Monday, February 24, 2003 SENATE JOURNAL 301

SB 529 by Madla Relating to temporarily exempting emergency medical services personnel who serve a rural area of the state from certain legal requirements. To Committee on Intergovernmental Relations. SB 530 by Madla Relating to performance measures for regional advisory councils in trauma service areas. To Committee on Intergovernmental Relations. SB 531 by Madla Relating to the procedure for dividing water control and improvement districts and freshwater supply districts. To Committee on Natural Resources. SB 532 by Williams Relating to the acceptance of a referral fee or gift by certain judges; providing a criminal penalty. To Committee on Criminal Justice. SB 533 by Carona Relating to certain practices of debt collectors and credit bureaus. To Committee on Business and Commerce. SB 534 by Carona Relating to the applicability of the rule against perpetuities to trusts. To Committee on Jurisprudence. SB 535 by Lucio Relating to authorizing certain counties to regulate land development; providing a penalty. To Committee on International Relations and Trade. SB 536 by Shapleigh Relating to the regulation of certain accountants; providing an administrative penalty. To Committee on Business and Commerce. SB 537 by Nelson Relating to the punishment for the offense of burglary of a vehicle. To Committee on Criminal Justice. SB 538 by Williams Relating to franchise tax incentives for corporations conducting certain research and development activities. To Committee on Finance. SB 539 by Williams Relating to special license plates for passenger cars and light trucks owned by or used for the transportation of veterans with disabilities. To Committee on Infrastructure Development and Security. 302 78th Legislature — Regular Session 22nd Day

SB 540 by Williams Relating to the authority of the commissioners court of a county to alter speed limits on county roads. To Committee on Infrastructure Development and Security. SB 541 by Williams Relating to authorizing insurers and health maintenance organizations to issue plans that do not include state-mandated health benefits or offer of coverage mandates. To Committee on State Affairs. SB 542 by Lindsay Relating to exclusion of land from certain water districts for failure to provide facilities and services. To Committee on Natural Resources. SB 543 by Duncan Relating to postconviction DNA testing. To Committee on Criminal Justice. SB 544 by Wentworth Relating to the authority of municipalities and counties to regulate subdivisions in a municipality s’ extraterritorial jurisdiction. To Committee on Intergovernmental Relations. SB 545 by Hinojosa Relating to an intercollegiate athletics fee at Texas A&M University–Corpus Christi. To Subcommittee on Higher Education. SB 546 by Zaffirini Relating to governance of the Texas School for the Deaf. To Committee on Education. SB 547 by Zaffirini Relating to the superintendents of the Texas School for the Blind and Visually Impaired and the Texas School for the Deaf. To Committee on Education. SB 548 by Zaffirini Relating to a memorandum of understanding between the Texas School for the Blind and Visually Impaired and the . To Committee on Education. SB 549 by Barrientos Relating to the creation of a judicial district composed of Travis County. To Committee on Jurisprudence. SB 550 by Duncan Relating to the protection by a municipality of a lake that is a source of water supply. To Committee on Intergovernmental Relations. SB 551 by Harris Relating to the priority of a construction lender s’ lien over a mechanic s’ lien. To Committee on Jurisprudence. Monday, February 24, 2003 SENATE JOURNAL 303

SB 552 by Harris Relating to the period for which a court may order temporary inpatient mental health services for certain persons. To Committee on Jurisprudence. SB 553 by Janek Relating to the validation of any act, governmental proceeding, official, bond, or obligation of a navigation district or port authority. To Committee on Natural Resources. SB 554 by Janek Relating to the authorization of the imposition of a temporary prohibition on enforcement of the law governing access to public beaches following a meteorological event. To Committee on Natural Resources. SB 555 by Shapleigh Relating to the telecommunications planning and oversight council. To Committee on State Affairs. SB 556 by Duncan Relating to the powers and duties of the Hardeman County Hospital District. To Committee on Intergovernmental Relations. SB 557 by Madla Relating to specialty license plates benefiting an organization whose principal purpose is the improvement or preservation of National Park. To Committee on Infrastructure Development and Security. SB 558 by Madla, Shapleigh Relating to immigration visa waivers for physicians. To Committee on International Relations and Trade. SB 559 by Madla Relating to a set-aside for certain colonia access roadway projects proposed by rural border counties. To Committee on International Relations and Trade. SB 560 by Madla Relating to the notice given to a purchaser of real property within a water district. To Committee on Natural Resources. SB 561 by Shapleigh Relating to indemnification by the state of physicians providing certain health care services. To Committee on State Affairs. SB 562 by Gallegos Relating to conditions of employment for peace officers employed by certain political subdivisions. To Committee on Intergovernmental Relations. 304 78th Legislature — Regular Session 22nd Day

SB 563 by Lucio Relating to health benefit plan coverage for an enrollee with autism and pervasive developmental disorders. To Committee on State Affairs. SB 564 by West Relating to the application of certain marketing and contracting restrictions to treatment facilities funded by the Texas Commission on Alcohol and Drug Abuse. To Committee on Health and Human Services. SB 565 by West Relating to authorizing certain nature centers to charge admission fees. To Committee on Intergovernmental Relations. SB 566 by West Relating to the duties of law enforcement regarding the misuse of a person s’ identity and to the person s’ right to expunction of identifying information contained in certain records and files. To Committee on Criminal Justice. SB 567 by West Relating to access by certain hospitals and hospital districts to criminal history record information. To Committee on Health and Human Services. SB 568 by West Relating to security officers for medical corporations in certain municipalities. To Committee on Criminal Justice. SB 569 by Bivins Relating to the issuance of Air Force Association license plates. To Committee on Infrastructure Development and Security. SB 570 by Bivins Relating to the Hemphill County Hospital District. To Committee on Intergovernmental Relations. SB 571 by Shapleigh Relating to the authority of the comptroller to conduct performance reviews of general academic teaching institutions. To Committee on Government Organization. SB 572 by Harris Relating to the euthanasia of an animal by an animal shelter; providing criminal penalties. To Committee on Health and Human Services. SB 573 by Harris Relating to adoption of the Uniform Principal and Income Act. To Committee on Jurisprudence. Monday, February 24, 2003 SENATE JOURNAL 305

SB 574 by Harris Relating to the duties and removal of a trustee. To Committee on Jurisprudence. SB 575 by Harris Relating to adoption of the Uniform Prudent Investor Act. To Committee on Jurisprudence. SB 576 by Harris Relating to the exercise of powers of appointment. To Committee on Jurisprudence. SB 577 by Harris Relating to probate matters. To Committee on Jurisprudence. SB 578 by Shapiro Relating to awards granted under the Texas Advanced Placement Incentive Program. To Committee on Education. SB 579 by Lindsay Relating to the confidentiality of certain records in an adoption placement by the Department of Protective and Regulatory Services. To Committee on State Affairs. SB 580 by Jackson Relating to the execution of a writ of possession in certain circumstances. To Committee on Business and Commerce. SB 581 by Jackson Relating to a required discount in homeowners ’insurance premiums for the use of an insulating concrete form system. To Committee on Business and Commerce. SB 582 by Williams Relating to the consolidation of certain offenses relating to the driving of a motor vehicle while a driver s’ license or privilege to operate a vehicle is invalid. To Committee on Criminal Justice. SB 583 by Shapleigh Relating to information that must be included in the adjutant general s’ annual report. To Committee on Veteran Affairs and Military Installations. SB 584 by Shapleigh Relating to public school admission of military personnel and dependents under reciprocity agreements between states. To Committee on Veteran Affairs and Military Installations. SB 585 by Duncan Relating to providing money to pay for the remediation, cleanup, and closure of unpermitted solid waste facilities. To Committee on Natural Resources. 306 78th Legislature — Regular Session 22nd Day

SB 586 by Barrientos Relating to the exemption from compulsory public school attendance for home-schooled children. To Committee on Education. SB 587 by Shapiro Relating to the ownership of a motor vehicle dealership. To Committee on Business and Commerce. SB 588 by Duncan Relating to liability insurance coverage for certain nursing institutions. To Committee on State Affairs. SB 589 by Zaffirini Relating to the purposes of the Texas School for the Blind and Visually Impaired and the Texas School for the Deaf. To Committee on Education. SB 590 by Zaffirini Relating to composition of the board of the Texas School for the Deaf. To Committee on Education. SB 591 by Duncan Relating to the composition of the Texas Council on Offenders with Mental Impairments. To Committee on Jurisprudence. BILL SIGNED The President announced the signing of the following enrolled bill in the presence of the Senate after the caption had been read:iiSB 310. HISTORIC LETTER READ Senator Ogden was recognized and read to the Senate an historic letter from William Barret Travis. SENATE RESOLUTION 140 Senator Deuell offered the following resolution: WHEREAS, The Senate of the State of Texas is pleased to welcome the residents of Rockwall County to the State Capitol on February 24, 2003, to celebrate Rockwall County Day; and WHEREAS, Located north of Kaufman County in North , Rockwall County is situated mostly in the blackland prairie and is bordered on the west by Lake Ray Hubbard; the county has the highest proportion of arable land of any county in the state, with 39 inches of annual rainfall; and WHEREAS, The county was named for the area ’s extensive system of subterranean walls that protrude above ground in outcroppings; the rock walls were discovered by settlers drilling for water; and WHEREAS, Settlement in the area began in 1846, while the area was still part of Kaufman County, and Rockwall County was formed in 1873; it is the smallest county in Texas; and Monday, February 24, 2003 SENATE JOURNAL 307

WHEREAS, The county was originally an agricultural and ranching center; today the county enjoys a healthy and diverse economy due to a close proximity to the metroplex area and a well-educated and industrious citizenry; and WHEREAS, The county is home to award-winning schools; students of the area consistently perform better than their peers on state and national standardized tests, win top honors in academic competitions, and go on to college in large numbers; and WHEREAS, The population of Rockwall County has nearly doubled since 1980; currently, the county has a population of over 43,000; and WHEREAS, Business opportunities abound, due in large part to the Rockwall Area Chamber of Commerce and the Rockwall Economic Development Corporation; the dedicated staff of these two fine organizations work in concert with the county and city governments and various service businesses; and WHEREAS, With many recreational options close at hand, the county boasts excellent golfing at superb area courses, superior sailing at Lake Ray Hubbard, and exceptional fishing opportunities; and WHEREAS, Rockwall County has played a vital role in the development of the Lone Star State, and it is a pleasure to pay tribute to it; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 78th Legislature, hereby declare Monday, February 24, 2003, Rockwall County Day at the State Capitol and extend best wishes to all its residents on this special occasion; and, be it further RESOLVED, That a copy of this Resolution be prepared for the county as a memento of this special day. The resolution was read and was adopted without objection. GUESTS PRESENTED Senator Deuell was recognized and introduced to the Senate Scott Self, Rockwall County Commissioner; Ken Jones, Mayor of Rockwall; Robert Wieneke, President, Rockwall Area Chamber of Commerce; Pam Mundo, Rockwall Economic Development Corporation; Glen Farris, Chair, Leadership Rockwall Advisory Committee; and a delegation of citizens from Rockwall County. The Senate welcomed its guests. SENATE RESOLUTION 214 Senator Williams offered the following resolution: SR 214, In memory of Gary Staley of Porter. The resolution was read. Senator Williams was recognized and introduced to the Senate family members of Gary Staley:ihis daughter, Courtney Staley; his mother, Ruby Staley; his father, Don Staley; his brother, Matt Staley; and Skip Straus, Porter Volunteer Fire Department Chaplain. The Senate welcomed its guests and extended its sympathy. On motion of Senator Williams, the resolution was adopted by a rising vote of the Senate. 308 78th Legislature — Regular Session 22nd Day

In honor of the memory of Gary Staley, the text of SRi214 is printed at the end of today s’ Senate Journal. SENATE RESOLUTION 229 Senator Zaffirini offered the following resolution: WHEREAS, The Senate of the State of Texas is pleased to recognize the Texas Association of Appraisal Districts, Incorporated, for its efforts to promote effective and efficient functioning of appraisal districts in Texas; and WHEREAS, The goal of the statewide voluntary nonprofit organization is to develop a cooperative spirit among groups interested in the appraisal district concept and to encourage sound management and fiscal responsibility in the state s’ appraisal districts; and WHEREAS, The association keeps its members current on legislation and technology by conducting educational programs and encourages each appraisal district to develop a good relationship with state government leaders; and WHEREAS, The Texas Association of Appraisal Districts adheres to the highest ethical standards and keeps its members informed of all applicable laws and rules regarding their professional duties, and the organization deserves recognition for its many contributions to the citizenry of Texas; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 78th Legislature, hereby commend the Texas Association of Appraisal Districts, Incorporated, for its outstanding work on behalf of its members and the people of Texas; and, be it further RESOLVED, That a copy of this Resolution be prepared for the organization as an expression of esteem from the Texas Senate. The resolution was read and was adopted without objection. GUESTS PRESENTED Senator Zaffirini was recognized and introduced to the Senate a delegation from the Texas Association of Appraisal Districts, Incorporated:iiRichard Petree, President; David Grimes, past President; Sergio Delgado; Norma Vargas; and Michael Amezquita. The Senate welcomed its guests. GUESTS PRESENTED Senator Williams was recognized and introduced to the Senate members of the Porter Volunteer Fire Department. The Senate welcomed its guests. GUESTS PRESENTED Senator West was recognized and introduced to the Senate a delegation representing Families Against Mandatory Minimums of Dallas. The Senate welcomed its guests. Monday, February 24, 2003 SENATE JOURNAL 309

SENATE RESOLUTION 215 Senator Williams offered the following resolution: WHEREAS, Many proud citizens of Liberty County are visiting the State Capitol on February 24, 2003, to celebrate their county s’ important role in the annals of the Lone Star State; and WHEREAS, Embracing a section of the Big Thicket to the north and coastal prairies and marshes to the south, Liberty County presents a strikingly varied landscape; artifacts uncovered near the towns of Liberty and Dayton indicate that people have supported themselves in this fertile land for at least 3,000 years; and WHEREAS, Karankawa Indians, the first occupants of the area in historic times, were joined around 1807 by Coushatta Indians from Alabama; others moving into the district from the mid-1700s onward included Spaniards, who by 1757 had built a military road through the area, French supporters of Napoleon Bonaparte, who established a colony there in 1818, and Americans, who became increasingly interested in Texas after the purchase of the Louisiana Territory; and WHEREAS, In 1831 Mexican authorities established the town of Liberty as the seat of a new municipality, which embraced most of ; with the advent of the Republic of Texas in 1836, Liberty County became one of 23 new counties created by the Texas Congress, and the town of Liberty continued as the seat of local government; as originally drawn, the boundaries of Liberty County included present-day Tyler County and parts of Hardin, Chambers, San Jacinto, and Polk counties; and WHEREAS, Standing at the highest navigable point on the Trinity River, the county seat quickly enjoyed prominence as a commercial center; among those who practiced law in the young town were David G. Burnet, William B. Travis, and Sam , the latter of whom maintained a law office in Liberty and handled cases there from 1838 to 1855; the hero of San Jacinto also acquired some 20,000 acres in the county and established two plantation homes on his property; and WHEREAS, Other prominent Texans associated with Liberty County include Governors Ross S. Sterling, who lived there for a time, and Marion Price Daniel, Sr., who was born in Dayton and made his home in Liberty with his wife, Jean, a direct descendant of Sam Houston; and WHEREAS, With approximately half of its area constituting prime farmland, Liberty County has long counted farming and ranching as pillars of its economy; adding to its prosperity are an industrial sector that includes lumbering, oil production, chemical plants, and varied manufacturing; and WHEREAS, Noted attractions in the county include the Big Thicket National Preserve and, in the town of Liberty, the Sam Houston Regional Library and Research Center and the Humphreys Cultural Center; the county seat also boasts the Trinity Valley Exposition, an annual fair that has been drawing enthusiastic participants and visitors for nearly a century; and WHEREAS, The citizens of Liberty County, today more than 70,000 strong, are preserving the best of their past while continuing to forge an ever brighter future for themselves and their families, and it is indeed a pleasure to honor them at this time; now, therefore, be it 310 78th Legislature — Regular Session 22nd Day

RESOLVED, That the Senate of the 78th hereby recognize February 24, 2003, as Liberty County Day 2003 at the State Capitol and extend to the delegation present on this day sincere best wishes for an enjoyable and memorable visit. The resolution was read and was adopted without objection. GUESTS PRESENTED Senator Williams was recognized and introduced to the Senate a delegation of citizens from Liberty County, accompanied by Alfred Anderson, Karen Arnold, Jim Watson, Kellie Buchanan, and Henry Dugat. The Senate welcomed its guests. SENATE RESOLUTION 233 Senator Ogden offered the following resolution: SR 233, In memory of Joe L. Price of Trinity County. OGDEN STAPLES The resolution was read. On motion of Senator Ogden, the resolution was adopted by a rising vote of the Senate. In honor of the memory of Joe L. Price, the text of SRi233 is printed at the end of today s’ Senate Journal. SENATE RESOLUTION 216 Senator Williams offered the following resolution: WHEREAS, The Senate of the State of Texas takes great pleasure in joining the alumni of Leadership Southeast Texas in designating Monday, February 24, 2003, as Leadership Southeast Texas Day at the State Capitol; and WHEREAS, Leadership Southeast Texas is a program of the Partnership of Southeast Texas, which includes the counties of Chambers, Hardin, Jasper, Jefferson, Liberty, Newton, Orange, Tyler, and the Bolivar Peninsula of Galveston County; the program is celebrating its 10th anniversary this year; and WHEREAS, Leadership Southeast Texas is an educational program designed to identify and motivate leaders in the Southeast Texas region and to provide opportunities for leadership development while contributing to regional economic advancement; and WHEREAS, This exemplary program boasts an impressive membership of 441 graduates who currently reside and work in 47 cities in Texas, in 17 states of the Continental United States, and in Great Britain and Belgium; its members serve as ambassadors for Southeast Texas and the entire Lone Star State; and WHEREAS, Leadership Southeast Texas promotes better understanding of Southeast Texas and public awareness of its strengths and weaknesses, the obstacles and opportunities for its economic development, its regional unity, and its citizens ’ quality of life; and Monday, February 24, 2003 SENATE JOURNAL 311

WHEREAS, Leadership Southeast Texas identifies and studies timely issues that are significant to ongoing area business development; the program encourages the initiation of innovative approaches to these issues, as well as professional interaction and communication with our state s’ prominent leaders; and WHEREAS, Leadership Southeast Texas Day in Austin provides an opportunity for alumni and new graduates to gather at the Capitol to celebrate the achievements of Southeast Texas; it is a privilege for the Senate to recognize these civic-minded men and women of the Lone Star State for their substantial contributions to the betterment of Texas; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 78th Legislature, hereby declare February 24, 2003, Leadership Southeast Texas Day at the State Capitol and extend to the visiting delegation best wishes for a productive and celebratory day; and, be it further RESOLVED, That a copy of this Resolution be prepared for the participants in Leadership Southeast Texas as an expression of high regard from the Texas Senate. WILLIAMS JANEK STAPLES The resolution was read and was adopted without objection. GUESTS PRESENTED Senator Williams was recognized and introduced to the Senate Nelson Bernard representing Orange County, Roland Burris representing Hardin County, JimmieiR. Cooley representing Tyler County, Dick Cuneo representing Jefferson County, and DavidiJ. Droste, accompanied by a delegation of citizens from Leadership Southeast Texas. The Senate welcomed its guests. SENATE CONCURRENT RESOLUTION 12 The President laid before the Senate the following resolution: WHEREAS, Service learning is acknowledged to be crucial to the sustainability and effectiveness of campus-community collaboration; and WHEREAS, Good service learning practices require a strong community voice, orientation and training of participants, meaningful action for learners, intentional reflection practices, and evaluation of the benefits of service learning for all stakeholders; and WHEREAS, Service learning has the potential to bring state-supported campus resources to communities, service agencies, families, and individuals at all levels of need throughout the state; and WHEREAS, The collaboration of the member campuses of the Texas Campus Compact and the resources of the Texas Higher Education Coordinating Board, the Texas Commission on Volunteerism and Community Service, the state office of the Corporation for National and Community Service, the Texas Center for Service-Learning, and other statewide networks provide the opportunity for the State of Texas to be a national leader in the area of service learning and engagement; and 312 78th Legislature — Regular Session 22nd Day

WHEREAS, The missions of the public institutions of higher education in the State of Texas involve both educating future citizens and providing services and research to communities and residents of the state; now, therefore, be it RESOLVED, That the 78th Legislature of the State of Texas hereby urge public and private institutions of higher education in the State of Texas to adopt service learning as an important pedagogical tool and a central form of engagement, civic outreach, and citizenship education; and, be it further RESOLVED, That the secretary of state forward official copies of this resolution to the presidents, the chancellors, and the chief academic officers of all the institutions of higher education throughout the State of Texas. SHAPIRO The resolution was read. On motion of Senator Shapiro and by unanimous consent, the resolution was considered immediately and was adopted without objection. GUESTS PRESENTED Senator Shapiro was recognized and introduced to the Senate a delegation of students representing the Texas Campus Compact. The Senate welcomed its guests. GUESTS PRESENTED Senator Williams was recognized and introduced to the Senate Sam Johnson and Bobby Moore of Liberty County. The Senate welcomed its guests. RESOLUTIONS OF RECOGNITION The following resolutions were adopted by the Senate: Memorial Resolution SR 221 by Shapleigh, In memory of Walter H. Freeman of Beaumont. Congratulatory Resolutions SR 219 by Wentworth, Congratulating Laura and Jack Richmond of for earning the 2003 National Jewish Medical and Research Center s’ Humanitarian Award. SR 220 by Shapleigh, Commending Adair Margo of El Paso for her achievements. SR 222 by Shapleigh, Commending Gonzalo "Chalo" Garcia of Canutillo for his dedication to education. SR 223 by Shapleigh, Commending the staff and advisor of Irvin High School s’ Observer in El Paso for receiving national honors. SR 224 by Barrientos, Commending Rey Trevino for his service to the United States Postal Service. Monday, February 24, 2003 SENATE JOURNAL 313

SR 232 by West and Ellis, Commending Andrew R. Melontree for his service on behalf of the people of Smith County and the State of Texas. Official Designation Resolution SR 225 by Barrientos, Declaring March 5, 2003, as Communities In Schools Day at the Capitol and March, 2003, as Communities In Schools Month. ADJOURNMENT On motion of Senator Whitmire, the Senate at 2:24 p.m. adjourned, in memory of former Senator Mike McKool of Dallas, Gary Staley of Porter, and Joe L. Price of Trinity County, until 11:00 a.m. tomorrow.

AAAPPENDIXAA

COMMITTEE REPORTS The following committee reports were received by the Secretary of the Senate in the order listed: February 24, 2003 JURISPRUDENCE — SBi151, SBi164, SBi375 HEALTH AND HUMAN SERVICES — SBi43, CSSBi104, SBi200 (Amended), SBi330,iSBi74 FINANCE — CSSBi15 INFRASTRUCTURE DEVELOPMENT AND SECURITY — SBi94, SBi204

SENT TO GOVERNOR February 20, 2003 SCRi15, SCRi16 February 24, 2003 SBi310 314 78th Legislature — Regular Session 22nd Day

In Memory of Gary Staley Senate Resolution 214 WHEREAS, The Senate of the State of Texas honors and commemorates the life of Gary Staley, who died January 19, 2003; and WHEREAS, Gary graduated from Kingwood High School in 1988; he was employed as an accountant for Anadarko Petroleum in The Woodlands for a number of years; he graduated from the Cleveland Fire Academy in November of 2002; and WHEREAS, An exemplary citizen, Gary was dedicated to his work as a member of the Porter Volunteer Fire Department; he always responded to emergencies in a trustworthy and courageous manner; in December of 2002, he became a member of the 250 Club for having answered 304 fire and Emergency Medical Service calls during the year; and WHEREAS, A hero is an ordinary individual who responds to a crisis in an extraordinary manner, and Gary Staley consistently met this challenge; and WHEREAS, On January 19, 2003, Gary joined his fellow firefighters in responding to a fire that had broken out in an antique car showroom and shop; in the ensuing attempt to quell the fire, Gary lost his life; and WHEREAS, Gary had diligently prepared himself for the vital role that a firefighter plays in a community, and he treasured the time he spent protecting the safety of his fellow citizens; and WHEREAS, A man of integrity, strength, and generosity, Gary Staley gave unselfishly to others, and his wisdom, warmth, and valued counsel will not be forgotten by those who knew him; and WHEREAS, Gary was a devoted father, son, and brother, and he leaves behind memories that will be treasured forever by his family and many friends; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 78th Legislature, hereby extend sincere condolences to the bereaved family of Gary Staley: his daughter, Courtney Staley; his parents, Donald and Ruby Staley; his sister, Karla Staley; his brother, Matthew Staley; his grandmother, Maudine O Neal;’ and many other beloved relatives; and, be it further RESOLVED, That a copy of this Resolution be prepared for the members of his family as an expression of deepest sympathy from the Texas Senate, and that when the Senate adjourns this day, it do so in memory of Gary Staley. WILLIAMS Monday, February 24, 2003 SENATE JOURNAL 315

In Memory of Joe L. Price Senate Resolution 233 WHEREAS, The Senate of the State of Texas joins the citizens of Trinity County in mourning the loss of Joe L. Price, who died February 21, 2003, at the age of 58; and WHEREAS, Born August 21, 1944, Joe Price graduated from Trinity High School in 1962; he received a bachelor s’ degree from Sam Houston State University in 1966 and a degree from Baylor Law School in 1969; and WHEREAS, Mr. Price proudly served, unopposed, as district attorney of the 258th Judicial District; elected in 1977, he embraced a career as one of Texas ’longest sitting district attorneys and earned a reputation for zealously pursuing swift and fair justice for the citizens of this state; he was highly respected for fighting tirelessly for justice for the victims of crime and their families during his 26 years as Trinity County s’ district attorney; and WHEREAS, Throughout the countless criminal cases Mr. Price prosecuted, he never forgot that the victims ’lives were changed irrevocably as a result of the criminal acts perpetrated against them; he was always aware that a family who lost a member would never again be able to tell the victim how much they were loved; his compassionate work with families left behind, such as the family of murder victim Pamela Mosely Carpenter, serves as a blueprint and an inspiration for all prosecutors; and WHEREAS, Mr. Price was an invaluable colleague to others in his profession and was respected for his leadership and his many accomplishments; he generously shared his knowledge of criminal law and prosecution with his fellow prosecutors and with college students and was a member of the Texas District and County Attorneys Association board of directors; and WHEREAS, An exemplary citizen who was active in a number of organizations, he served on the board of directors for the Kalin House Child Advocacy Center and the Trinity Scholarship fund; he was dedicated to his work on behalf of the young people of Trinity County and was an active supporter of the Trinity County Fair; and WHEREAS, Joe Price lived his life to the fullest and was a devoted son, father, grandfather, and brother, and he leaves behind memories that will be treasured forever by his family and many friends; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 78th Legislature, hereby extend sincere condolences to the family of Joe L. Price: his parents, Dean and Johnnie Price; his daughter and son-in-law, Jo Lin Brownlee and 316 78th Legislature — Regular Session 22nd Day

Lance Brownlee; his daughter, Aenea Marburger; his grandchildren, Price Brownlee and Marshall and Jenna Marburger; his sister and brother-in-law, Judy and Bill Burton; and his many other beloved relatives; and, be it further RESOLVED, That a copy of this Resolution be prepared for his family as an expression of deepest sympathy from the Texas Senate, and that when the Senate adjourns this day, it do so in memory of Joe L. Price. OGDEN STAPLES