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Fifty-First Day FIFTY-FIRST DAY TUESDAY, APRIL 15, 2003 PROCEEDINGS The Senate met at 11:00 a.m. pursuant to adjournment and was called to order by the President. The roll was called and the following Senators were present:iiArmbrister, Averitt, Barrientos, Bivins, Brimer, Carona, Deuell, Duncan, Ellis, Estes, Fraser, Gallegos, Harris, Hinojosa, Jackson, Janek, Lindsay, Lucio, Madla, Nelson, Ogden, Ratliff, Shapiro, Shapleigh, Staples, VanideiPutte, Wentworth, West, Whitmire, Williams, Zaffirini. The President announced that a quorum of the Senate was present. The Reverend Ann E. Helmke, peaceCENTER, San Antonio, offered the invocation as follows: Creator of true peace, as we gather here in tenuous times we pray for those who work for peace, in homes, schools, streets, work, and places of faith; bless us with courage. For safe, healthy environments where children may grow, bless our endeavors. For leaders, here and around the world, to explore actions so that no lives are lost in war or any form of violence, bless our imaginations. For an economy that nurtures global, national, state, local, and personal relationships, bless our willingness. For those in the military, that they return home quickly and safely, bless all journeys. For people in lands experiencing direct conflicts, bless us with compassion. For local communities bridging gaps and seeking solutions of unity, bless hands and minds. And we pray for future generations, that they receive from us a legacy of life and respect for all. Bless us with vision, with clear minds, with the eagerness to act from our hearts. Bless us with hope, with peace, we pray, bless us today. Amen. Senator Whitmire moved that the reading of the Journal of the proceedings of yesterday be dispensed with and the Journal be approved as printed. The motion prevailed without objection. CO-AUTHOR OF SENATE BILL 156 On motion of Senator Nelson, Senator Lucio will be shown as Co-author of SBi156. 974 78th Legislature Ð Regular Session 51st Day CO-AUTHOR OF SENATE BILL 176 On motion of Senator Nelson, Senator Hinojosa will be shown as Co-author of SBi176. CO-AUTHOR OF SENATE BILL 319 On motion of Senator Armbrister, Senator Lucio will be shown as Co-author of SBi319. CO-AUTHORS OF SENATE BILL 435 On motion of Senator Carona, Senators Ellis, Jackson, and Whitmire will be shown as Co-authors of SBi435. CO-AUTHOR OF SENATE BILL 1182 On motion of Senator Deuell, Senator Hinojosa will be shown as Co-author of SBi1182. CO-AUTHORS OF SENATE CONCURRENT RESOLUTION 7 On motion of Senator Shapleigh, Senators Lucio and VanideiPutte will be shown as Co-authors of SCRi7. MESSAGE FROM THE HOUSE HOUSE CHAMBER Austin, Texas April 15, 2003 The Honorable President of the Senate Senate Chamber Austin, Texas Mr. President: I am directed by the House to inform the Senate that the House has taken the following action: THE HOUSE HAS PASSED THE FOLLOWING MEASURES: HB 601, Relating to the administration of a retirement system for officers and employees of certain municipalities. HB 1452, Relating to prohibiting a governmental entity from disclosing information relating to use of certain predator control devices. HB 2008, Relating to certain powers and duties of the Department of Agriculture and other entities engaged in agricultural activities. HCR 200, In memory of the crew of the space shuttle Columbia. Respectfully, /s/Robert Haney, Chief Clerk House of Representatives Tuesday, April 15, 2003 SENATE JOURNAL 975 BILL AND RESOLUTIONS SIGNED The President announced the signing of the following enrolled bill and resolutions in the presence of the Senate after the caption had been read:ii SBi868, HCRi104, HCRi118. PHYSICIAN OF THE DAY Senator Zaffirini was recognized and presented Dr.iRonald Munson of Mathis as the Physician of the Day. The Senate welcomed Dr.iMunson and thanked him for his participation in the Physician of the Day program sponsored by the Texas Academy of Family Physicians. INTRODUCTION OF BILLS AND RESOLUTIONS POSTPONED The President announced that the introduction of bills and resolutions on first reading would be postponed until the end of today s' session. SENATE CONCURRENT RESOLUTION 43 The President laid before the Senate the following resolution: WHEREAS, All citizens of the State of Texas were deeply saddened by the tragic loss of the National Aeronautics and Space Administration s' Space Shuttle Columbia and her extraordinary crew during mission STS-107 when the shuttle broke up during reentry over the Texas sky on Februaryi1, 2003; and WHEREAS, The members of the Texas Legislature are proud of the contributions of the astronaut crew to science and engineering, to international cooperation, to human space exploration, and to the celebration of the human spirit; and WHEREAS, The STS-107 crew members, Commander Rick Husband, Pilot William C. McCool, Payload Commander Michael P. Anderson, Mission Specialist David M. Brown, Mission Specialist Kalpana Chawla, Mission Specialist Laurel B. Clark, and Payload Specialist Ilan Ramon, were respected and admired for their bravery, courage, and dedication to their mission and to the exploration of space; and WHEREAS, A key component of the NASA mission is "to inspire the next generation of explorers," and Columbia s' brilliant, talented, and accomplished crew members will forever serve as role models to youth who aspire to pursue the noble cause of space exploration and scientific research; and WHEREAS, The National Aeronautics and Space Administration at Johnson Space Center and the Texas Legislature have long cooperated through the successful and productive joint sponsorship of education and technology programs designed to capitalize on the excitement of space exploration to encourage Texas students to study math, science, and engineering; now, therefore, be it 976 78th Legislature Ð Regular Session 51st Day RESOLVED, That the 78th Legislature of the State of Texas hereby extol the numerous benefits of space flight to mankind and the importance of maintaining support for innovative programs that inspire future scientists and engineers to continue the legacy of Columbia and her crew, and hereby extend condolences to the crew families, the Johnson Space Center community, and the entire NASA family. JACKSON The resolution was read. On motion of Senator Jackson, the resolution was considered immediately and was adopted without objection. REPORT OF COMMITTEE ON NOMINATIONS Senator Lindsay submitted the following report 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: Commissioner of Insurance:iiJose O. Montemayor, Travis County. Presiding Officer, Texas Funeral Service Commission:iiHarry M. Whittington, Travis County. Members, Texas Funeral Service Commission:iiMartha Greenlaw, Harris County; Janice B. Howard, Fort Bend County. Member, Correctional Managed Health Care Committee:iiJames Dale Griffin,iM.D., Dallas County. Members, Texas School for the Blind and Visually Impaired Board:iiJesus H. Bautista, El Paso County; Gene Iran Brooks, Ph.D., Williamson County; Donna Florence Vaden Clopton, Titus County; Otilio "Toby" Galindo, Tom Green County; Deborah Louder, Tom Green County; Frankie D. Swift, Nacogdoches County; Mary Sue Welch, Dallas County; Jamie Lou Wheeler, Tarrant County. Member, Texas Strategic Military Planning Commission:iiSamuel Loyd Neal,iJr., Nueces County. Members, Texas State Board of Acupuncture Examiners:iiSheng Ting "Sam" Chen, Travis County; Hoang Xiong Ho, Bexar County; Terry Glenn Rascoe, M.D., Bell County. Members, On-site Wastewater Treatment Research Council:iiTherese M. Baer,iP.E., Travis County; Barry D. Bedwell, Randall County; John R. Blount, Harris County; Sandra A. Cararas, Hidalgo County; Franz Kunkel Hiebert, Travis County; Kosse Kyle Maykus, Tarrant County; Charles Montel Rutledge, Brazos County; James W. "Jim" Spence, Travis County; Timothy N. Taylor, Nacogdoches County; Cynthia D. Williams, Ector County. Members, Texas Guaranteed Student Loan Corporation Board of Directors:iiTommy James Brooks, Fort Bend County; Ruben E. Esquivel, Dallas County; Morgan William Howard, Brazos County; Grace A. Shore, Gregg County. Tuesday, April 15, 2003 SENATE JOURNAL 977 Members, Risk Management Board:iiRonald D. Beals, M.D., Smith County; Martha A. Rider, Harris County. Public Counsel for the Office of Public Insurance Counsel:iiRoderick A. "Rod" Bordelon, Jr., Travis County. Members, Texas State Board of Examiners of Dietitians:iiCarol Barnett Davis, Dallas County; Janet Suzanne Hall, Williamson County; Claudia L. Lisle, Randall County. NOTICE OF CONSIDERATION OF NOMINATIONS Senator Lindsay gave notice that he would tomorrow at the conclusion of morning call submit to the Senate for consideration nominations to agencies, boards, and commissions of the state. SENATE RESOLUTION 621 Senator Zaffirini offered the following resolution: WHEREAS, The Senate of the State of Texas is pleased to recognize the Mary Help of Christians School for its outstanding contributions to the education of the children of Laredo; and WHEREAS, Established in 1935 by the Salesian Sisters of Saint John Bosco, this prominent school has served the educational and spiritual needs of many students and families in South Texas for nearly 70 years; and WHEREAS, A pioneering group of Salesian Sisters from Mexico first established a presence in the San Antonio and Castroville area in 1935; that same year,
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