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Thursday, April 5, 2001SENATE JOURNAL 1061 FORTY-NINTH DAY

THURSDAY, APRIL 5, 2001

PROCEEDINGS

The Senate met at 10:00 a.m. pursuant to adjournment and was called to order by Senator Harris. The roll was called and the following Senators were present: Armbrister, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Moncrief, Nelson, Ogden, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, Wentworth, West, Whitmire, Zaffirini. Absent-excused: Barrientos, Ellis, Madla, Mr. President. The Presiding Officer announced that a quorum of the Senate was present. The Reverend William F. Sipes, North Mesquite Assembly of God, Mesquite, offered the invocation as follows: Almighty God, as we come before You on this day we ask Your wisdom and guidance for all those assembled here in these chambers, wisdom to know what is best under God for the citizens of this great state, guidance to have courage to defend the moral principles upon which this great nation was founded. May every decision be given long and serious thought without caving in to special interests to try to buy their vote and thereby the rights of the people be violated. May the heart and mind of each one who serves this assembly be clear in their conscience at the close of this day and every day, that they have followed godly principles. We ask this all in the name of God in whom we must trust. Amen. On motion of Senator Truan and by unanimous consent, the reading of the Journal of the proceedings of yesterday was dispensed with and the Journal was approved. LEAVES OF ABSENCE On motion of Senator Truan, Senator Barrientos was granted leave of absence for today on account of illness. On motion of Senator Cain, Senator Ellis was granted leave of absence for today on account of important business. On motion of Senator Lucio, Senator Madla was granted leave of absence for today on account of important business. On motion of Senator Cain, President Ratliff was granted leave of absence for today on account of important business. 1062 77th Legislature — Regular Session 49th Day

CO-AUTHOR OF SENATE BILL 372 On motion of Senator Barrientos and by unanimous consent, Senator Duncan will be shown as Co-author of SB 372. CO-AUTHOR OF SENATE BILL 1782 On motion of Senator Shapiro and by unanimous consent, Senator Nelson will be shown as Co-author of SB 1782. PERMISSION TO INTRODUCE BILL Senator Truan moved to suspend Senate Rule 7.07(b) and Section 5, Article III of the Texas Constitution to permit the introduction of the following bill: SB 1793. The motion prevailed by the following vote: Yeas 27, Nays 0. Absent-excused: Barrientos, Ellis, Madla, Mr. President. HOUSE BILL ON FIRST READING The following bill received from the House was read first time and referred to the committee indicated: HB 906 to Committee on Natural Resources. MESSAGE FROM THE GOVERNOR The following Message from the Governor was read and was referred to the Committee on Nominations: Austin, Texas April 4, 2001 TO THE SENATE OF THE SEVENTY-SEVENTH LEGISLATURE, REGULAR SESSION: I ask the advice, consent and confirmation of the Senate with respect to the following appointments: TO BE MEMBERS OF THE TEXAS BOARD OF CRIMINAL JUSTICE for terms to expire February 1, 2007: Adrian A. Arriaga 116 Bluebird McAllen, Texas 78504 (replacing John David Franz of McAllen whose term expired) Christina Melton Crain 6220 Orchid Lane Dallas, Texas 75230 (replacing Carole Young of Dallas whose term expired) Pierce Miller 5807 Pecan Valley Lane San Angelo, Texas 76904 (Mr. Miller is being reappointed) Respectfully submitted, /s/Rick Perry Governor Thursday, April 5, 2001SENATE JOURNAL 1063

SENATE RESOLUTION 643 Senator Wentworth offered the following resolution: WHEREAS, The Senate of the State of Texas is pleased to recognize the citizens of on the grand occasion of , which takes place April 20-April 29, 2001; and WHEREAS, Managed by the Fiesta San Antonio Commission, Fiesta is a 10-day celebration of our state's heritage and of the culture of San Antonio; the celebration entails more than 150 events organized by over 90 nonprofit organizations; approximately 75,000 volunteers participate in sponsoring Fiesta's vast array of activities; and WHEREAS, The annual Fiesta tradition began in 1891 when a parade to honor the heroes of the battles of the Alamo and San Jacinto was organized by a group of San Antonio women; entitled the Battle of Flowers Parade, the event later blossomed into a major yearly festival; and WHEREAS, Today, the Battle of Flowers Parade continues to be a major Fiesta highlight, along with other popular traditions that have developed over the years, such as the Fiesta Flambeau Parade, the largest illuminated parade in the country, and the Texas Cavaliers' River Parade; and WHEREAS, Other entertainment includes A Night in Old San Antonio, a four-day celebration that takes place in the restored 17th-century quarter known as ; the celebration recreates the dress, food, and music of the early days of San Antonio and is sponsored by the San Antonio Conservation Society; and WHEREAS, Fiesta offers music concerts, sports tournaments, historic neighborhood tours, and attractions such as the Fiesta River Art Show, Fiesta San Fernando, and the Mission San Jose Spring Fiesta; this year's Fiesta opens with an all-day conference at entitled "The Ethnic Community in History"; and WHEREAS, Fiesta is a treasured San Antonio tradition that emphasizes the culture and history of the city and brings its citizens together in a festive community spirit; many of its sensational events benefit charities, and the entire 10-day celebration is a source of pride and enjoyment to San Antonians and Texans across the state; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby commend the sponsors and organizers of Fiesta San Antonio on their hard work and generous spirit and extend best wishes to all for a highly successful festival in 2001. WENTWORTH MADLA VAN DE PUTTE ZAFFIRINI The resolution was read. On motion of Senator Truan and by unanimous consent, the names of the Lieutenant Governor and Senators were added to the resolution as signers thereof. On motion of Senator Wentworth, the resolution was adopted by a viva voce vote. 1064 77th Legislature — Regular Session 49th Day

GUESTS PRESENTED Senator Wentworth, joined by Senators Van de Putte and Zaffirini, was recognized and introduced to the Senate Robert Reed, President-elect of the Fiesta San Antonio Commission, and his wife, Susan; Pat Lee, Executive Director of the Fiesta San Antonio Commission, and her husband, Jimmy; Irma Flores; and Megan Augustine; accompanied by a delegation of citizens from the City of San Antonio. The Senate welcomed its guests. (Senator Brown in Chair) SENATE RESOLUTION 667 Senator Sibley offered the following resolution: WHEREAS, Billy Hamilton, Deputy Comptroller of Public Accounts, has had a long and distinguished career that has spanned three decades and three Texas Comptrollers: Bob Bullock, John Sharp, and Carole Keeton Rylander; and WHEREAS, Billy has demonstrated outstanding leadership skills as Deputy Comptroller for over nine years, during which he was given the Administrator of the Year Award by the Texas State Agency Business Administrators Association; he has also served as Executive Director for the Select Committee on Tax Equity and as Chief Revenue Estimator of Texas; and he survived the tax reform session of the 75th Legislature!; and WHEREAS, Billy organized and managed the nationally recognized Texas Performance Reviews of 1991, 1993, 1994, and 1996, identifying a combined total of more than $11.5 billion in potential savings, along with numerous improvements in the performance and services of state government; and WHEREAS, Billy designed, planned, and directed the Texas Information Technology (IT) Academy, a collaborative effort between state government agencies and the private sector to help the state recruit, train, and retain IT workers, while also expanding the private IT labor pool in Texas; and WHEREAS, Billy created the Agency's Renaissance Project: Rethinking the Way We Do Business, invoking a new period of employee creativity, inventiveness, and innovation to improve service to the citizens of Texas, which was expanded to include the annual Idea Fair; and WHEREAS, Billy is recognized for his expertise in tax administration and financial management; Billy is a past president and current board member of the National Tax Association and the National Federation of Tax Administrators; Billy was the first recipient of the Bob Bullock Award for Public Stewardship presented by the Government Technology Conference; and WHEREAS, A native of McGregor, Texas, Billy is a graduate of The University of Texas at Austin with highest honors and the Lyndon B. Johnson School of Public Affairs; he was recognized as the first recipient of the L.B.J. School's Distinguished Alumni Award; and WHEREAS, Billy and his wife, Chris, have raised three outstanding children: Kelly, Michael, and Mark; and WHEREAS, Referencing Billy's contributions to the State of Texas is reminiscent of an analogy he sometimes uses: "It's like eating potato chips (or Krispy Kreme Doughnuts): Once you start, it's hard to stop."; now, therefore, be it Thursday, April 5, 2001SENATE JOURNAL 1065

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby extend best wishes to Billy Hamilton on the grand occasion of his 50th birthday on April 7, 2001; and, be it further RESOLVED, That a copy of this Resolution be prepared for Billy as a token of high regard from the Texas Senate. The resolution was read. On motion of Senator Truan and by unanimous consent, the names of the Lieutenant Governor and Senators were added to the resolution as signers thereof. On motion of Senator Sibley, the resolution was adopted by a viva voce vote. (Senator Harris in Chair) GUEST PRESENTED Senator Sibley was recognized and introduced to the Senate Billy Hamilton. The Senate welcomed Mr. Hamilton. GUESTS PRESENTED Senator Duncan was recognized and introduced to the Senate a group of sixth- and twelfth-grade students from El Paso, here today attending a science fair. The Senate welcomed its guests. GUESTS PRESENTED Senator Sibley was recognized and introduced to the Senate a group of students from Tarrant County Junior College. The Senate welcomed its guests. GUESTS PRESENTED Senator Brown, joined by Senator Jackson, was recognized and introduced to the Senate members of the Brazosport Chamber of Commerce Leadership group. The Senate welcomed its guests. CONCLUSION OF MORNING CALL The Presiding Officer, Senator Harris in Chair, at 10:35 a.m. announced the conclusion of morning call. HOUSE BILL 519 ON SECOND READING On motion of Senator Zaffirini and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to third reading: HB 519, Relating to the compensation to victims of family violence or sexual assault for relocation and housing rental expenses. The bill was read second time and was passed to third reading by a viva voce vote. 1066 77th Legislature — Regular Session 49th Day

HOUSE BILL 519 ON THIRD READING Senator Zaffirini moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 519 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 26, Nays 1. Nays: Wentworth. Absent-excused: Barrientos, Ellis, Madla, Mr. President. The bill was read third time and was passed by a viva voce vote. COMMITTEE SUBSTITUTE SENATE BILL 1125 ON SECOND READING On motion of Senator Armbrister and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to engrossment: CSSB 1125, Relating to technical changes to taxes and fees administered by the comptroller of public accounts. The bill was read second time. Senator Armbrister offered the following amendment to the bill: Floor Amendment No. 1 Amend CSSB 1125 as follows: Page 16, line 12, a new Section 46 shall be added as follows and subsequent sections renumbered accordingly: SECTION Sec. 171.076, Tax Code is amended to read as follows: A cooperative credit association incorporated under Chapter 55, Agriculture Code, an organization organized under 12 U.S.C. 2071 or an agricultural credit association regulated by the Farm Credit Administration is exempt from the franchise tax. The amendment was read and was adopted by a viva voce vote. Senator Armbrister offered the following amendment to the bill: Floor Amendment No. 2 Amend CSSB 1125 by striking SECTION 77 of the bill (Committee Printing page 20, lines 48-57). The amendment was read and was adopted by a viva voce vote. On motion of Senator Armbrister and by unanimous consent, the caption was amended to conform to the body of the bill as amended. CSSB 1125 as amended was passed to engrossment by a viva voce vote. Thursday, April 5, 2001SENATE JOURNAL 1067

COMMITTEE SUBSTITUTE SENATE BILL 1125 ON THIRD READING Senator Armbrister moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1125 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 26, Nays 1. Nays: Wentworth. Absent-excused: Barrientos, Ellis, Madla, Mr. President. The bill was read third time and was passed by a viva voce vote. GUESTS PRESENTED Senator Sibley, on behalf of President Ratliff, was recognized and introduced to the Senate the Longview Partnership delegation. The Senate welcomed its guests. COMMITTEE SUBSTITUTE SENATE BILL 1223 ON SECOND READING On motion of Senator West and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to engrossment: CSSB 1223, Relating to court reporters and court reporting firms. The bill was read second time and was passed to engrossment by a viva voce vote. COMMITTEE SUBSTITUTE SENATE BILL 1223 ON THIRD READING Senator West moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1223 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 26, Nays 1. Nays: Wentworth. Absent-excused: Barrientos, Ellis, Madla, Mr. President. The bill was read third time and was passed by a viva voce vote. SENATE BILL 1159 ON SECOND READING On motion of Senator Truan and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to engrossment: SB 1159, Relating to improving the provision of state veteran services. The bill was read second time and was passed to engrossment by a viva voce vote. 1068 77th Legislature — Regular Session 49th Day

SENATE BILL 1159 ON THIRD READING Senator Truan moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 1159 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 26, Nays 1. Nays: Wentworth. Absent-excused: Barrientos, Ellis, Madla, Mr. President. The bill was read third time and was passed by the following vote: Yeas 27, Nays 0. Absent-excused: Barrientos, Ellis, Madla, Mr. President. PHYSICIAN OF THE DAY Senator Wentworth was recognized and presented Dr. John Weaver of Blanco as the Physician of the Day. The Senate welcomed Dr. Weaver and thanked him for his participation in the Physician of the Day program sponsored by the Texas Academy of Family Physicians. (Senator Truan in Chair) SENATE BILL 676 WITH HOUSE AMENDMENT Senator Zaffirini called SB 676 from the President's table for consideration of the House amendment to the bill. The Presiding Officer laid the bill and the House amendment before the Senate. Floor Amendment No. 1 Amend SB 676, House Committee Report, as follows: (1) In SECTION 2 of the bill, strike the introductory language (page 2, lines 7 and 8), and substitute the following: SECTION 2. Section 39.027, Education Code, is amended by amending Subsections (a) and (e) and adding Subsection (g) to read as follows: (2) In SECTION 2 of the bill, in amended Subsection (a)(3), Section 39.027, Education Code (page 2, line 25), between "Section 39.023(a)" and "for", insert "or (l)". (3) In SECTION 2 of the bill, in amended Subsection (a)(4), Section 39.027, Education Code (page 3, line 5), between "Section 39.023(a)" and "for", insert "or (l)". (4) In SECTION 2 of the bill, in amended Subsection (a)(4), Section 39.027, Education Code (page 3, lines 8 and 9), strike "as defined by the commissioner by rule". (5) In SECTION 2 of the bill, in amended Subsection (e), Section 39.027, Education Code (page 3, line 18), strike "or Section 39.023(l)". (6) In SECTION 2 of the bill, immediately following amended Subsection (e), Section 39.027, Education Code (page 3, following line 26), insert the following: Thursday, April 5, 2001SENATE JOURNAL 1069

(g) For purposes of this section, "recent unschooled immigrant" means an immigrant who initially enrolled in a school in the United States not more than 12 months before the date of the administration of an assessment instrument under Section 39.023(a) or (l) and who, as a result of inadequate schooling outside of the United States, lacks the necessary foundation in the essential knowledge and skills of the curriculum prescribed under Section 28.002 as determined by the language proficiency assessment committee established under Section 29.063. For purposes of this subsection and to the extent authorized by federal law, a child's prior enrollment in a school in the United States shall be determined on the basis of documents and records required under Section 25.002(a). The amendment was read. Senator Zaffirini moved to concur in the House amendment to SB 676. The motion prevailed by the following vote: Yeas 27, Nays 0. Absent-excused: Barrientos, Ellis, Madla, Mr. President. GUESTS PRESENTED Senator Ogden was recognized and introduced to the Senate fourth-, fifth-, and sixth-grade students from Gause Elementary School in Gause, accompanied by their teachers and parents. The Senate welcomed its guests. (Senator Harris in Chair) SENATE RESOLUTION 645 Senator West offered the following resolution: WHEREAS, The Senate of the State of Texas is proud to recognize Jerrod Inskeep on his recent honor of being named a recipient of the Community Champion Award from the Texas Commission on Alcohol and Drug Abuse; and WHEREAS, To be accorded this honor, Jerrod demonstrated maturity, intelligence, and initiative in helping coordinate the production of a Shattered Dreams Program at Midland High School and in successfully organizing the Midland Youth March in 2000; and WHEREAS, Jerrod has also served as a delegate to the Mothers Against Drunk Driving National Youth Summit in 2000, and he plans to serve as a staff member for two of the organization's leadership camps this summer; and WHEREAS, An ambitious young man, Jerrod has further distinguished himself by regularly planning and presenting prevention programs for Boys and Girls Club in Midland; and WHEREAS, Underage drinking is a dire issue in our state, and in speaking against this problem and so diligently pursuing its prevention, this hardworking, conscientious young man has proven himself an exceptionally civic-minded individual; his efforts will help maintain the health and well-being of his fellow Texans, and he is truly worthy of legislative recognition; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby commend Jerrod Inskeep on receiving one of the Community Champion Awards from 1070 77th Legislature — Regular Session 49th Day the Texas Commission on Alcohol and Drug Abuse and thank him for his dedicated efforts to fight alcohol abuse among underage Texans; and, be it further RESOLVED, That a copy of this Resolution be prepared for Mr. Inskeep as an expression of esteem from the Texas Senate. The resolution was read. SENATE RESOLUTION 646 Senator West offered the following resolution: WHEREAS, The Senate of the State of Texas is extremely proud to recognize HYPE and its members on the recent honor of being named a recipient of the Community Champion Award from the Texas Commission on Alcohol and Drug Abuse; and WHEREAS, To be accorded this honor, the 15 members of HYPE demonstrated maturity, intelligence, and initiative in serving as promoters of zero tolerance underage drinking among area youth of Bexar County; and WHEREAS, Debuting in the spring of 1999 as a program of the San Antonio Council on Alcohol and Drug Abuse, HYPE uses music and dance as their medium for spreading the importance of leading a healthy life and making the right choices; and WHEREAS, Ranging in ages from 11 to 18, the energetic performers have delivered their message to enthusiastic community and school events, a rally at the Capitol, the Inner City Games, and at the during a game; and WHEREAS, Underage drinking is a dire issue in our state, and in speaking out against this problem, this hardworking, conscientious group of young people have proven themselves exceptionally civic-minded individuals; their efforts will help maintain the health and well-being of their fellow Texans, and HYPE is truly worthy of recognition; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby commend the members of HYPE on receiving one of the Community Champion Awards from the Texas Commission on Alcohol and Drug Abuse and thank them for their dedicated efforts to fight alcohol abuse among underage Texans; and, be it further RESOLVED, That a copy of this Resolution be prepared for the group as a token of esteem and high regard from the Texas Senate. The resolution was read. SENATE RESOLUTION 647 Senator West offered the following resolution: WHEREAS, The Senate of the State of Texas is proud to recognize Monica Shepherd on her recent honor of being named a recipient of the Community Champion Award from the Texas Commission on Alcohol and Drug Abuse; and WHEREAS, To be accorded this honor, Monica demonstrated maturity, intelligence, and initiative in holding leadership positions in several community organizations that worked to prevent alcohol abuse among teens; and WHEREAS, A junior at Anderson High School in Austin, Monica serves as president of the school's chapter of Students Against Destructive Decisions and of the Leadership Council's Drug and Alcohol Committee; and Thursday, April 5, 2001SENATE JOURNAL 1071

WHEREAS, Monica's extracurricular activities have led her to organize numerous programs about underage drinking for students and parents; in addition to her work to prevent alcohol and drug abuse, she is a member of the National Honor Society and of her school's tennis team; and WHEREAS, Underage drinking is a dire issue in our state, and in speaking against this problem and so diligently working for its prevention, this hardworking, conscientious young woman has proven herself an exceptionally civic-minded individual; her efforts will help maintain the health and well-being of her fellow Texans, and she is truly worthy of legislative recognition; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby commend Monica Shepherd on receiving one of the Community Champion Awards from the Texas Commission on Alcohol and Drug Abuse and thank her for her dedicated efforts to fight alcohol abuse among underage Texans; and, be it further RESOLVED, That a copy of this Resolution be prepared for Monica as an expression of esteem from the Texas Senate. The resolution was read. SENATE RESOLUTION 656 Senator West offered the following resolution: WHEREAS, The Senate of the State of Texas is proud to recognize Chequan A. Lewis of Watauga on his recent honor of being named a recipient of the Community Champion Award from the Texas Commission on Alcohol and Drug Abuse; and WHEREAS, To be accorded this honor, Chequan demonstrated maturity, intelligence, and initiative in leadership positions at both a community and national level to prevent alcohol abuse among teens; and WHEREAS, A student at Haltom High School, Chequan is a member of his school's High On Life organization; an ambitious and articulate young man, he was a delegate to the Mothers Against Drunk Driving 2000 National Youth Summit in Washington, D. C., where he had the distinct honor of serving as a spokesperson during a Capitol Hill press conference; and WHEREAS, Chequan has distinguished himself as a community leader in many other ways; he has twice been elected class president and is a member of the National Honor Society; also active in his church, he spends his spare time tutoring; and WHEREAS, Underage drinking is a dire issue in our state, and in speaking against this problem and working so diligently for its prevention, Chequan has proven himself an exceptionally civic-minded individual; his efforts will help maintain the health and well-being of his fellow Texans, and he is truly worthy of legislative recognition; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby commend Chequan A. Lewis on receiving one of the Community Champion Awards from the Texas Commission on Alcohol and Drug Abuse and thank him for his dedicated efforts to fight alcohol abuse among underage Texans; and, be it further RESOLVED, That a copy of this Resolution be prepared for Chequan as an expression of esteem from the Texas Senate. WEST MONCRIEF The resolution was read. 1072 77th Legislature — Regular Session 49th Day

SENATE RESOLUTION 657 Senator West offered the following resolution: WHEREAS, The Senate of the State of Texas is proud to recognize Harold Kevin Jackson on his recent honor of being named a recipient of the Community Champion Award from the Texas Commission on Alcohol and Drug Abuse; and WHEREAS, To be accorded this honor, Kevin demonstrated maturity, intelligence, and initiative in holding several leadership positions in national and statewide organizations to combat underage drinking; and WHEREAS, This 17-year-old student at Stratford High School in Houston is the vice president of the Texans Standing Tall Executive Committee, a statewide coalition to prevent underage drinking; and WHEREAS, In addition to his work with Texans Standing Tall, Kevin has attended a National Youth Advocacy Assembly, participated in sting operations with the Texas Alcoholic Beverage Commission, and served as a mentor for at-risk elementary and middle school students; and WHEREAS, An articulate young man, Kevin has spoken before the Houston City Council, and he is also a member of Drug Education for Youth; and WHEREAS, Underage drinking is a dire issue in our state, and in speaking against this problem and so diligently pursuing its prevention, this hardworking, conscientious young man has proven himself an exceptionally civic-minded individual; his efforts will help maintain the health and well-being of his fellow Texans, and he is truly worthy of legislative recognition; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby commend Harold Kevin Jackson on receiving one of the Community Champion Awards from the Texas Commission on Alcohol and Drug Abuse and thank him for his dedicated efforts to fight alcohol abuse among underage Texans; and, be it further RESOLVED, That a copy of this Resolution be prepared for Mr. Jackson as an expression of esteem from the Texas Senate. The resolution was read. SENATE RESOLUTION 658 Senator West offered the following resolution: WHEREAS, The Senate of the State of Texas is proud to recognize the Bloomington High School Peer Assistance and Leadership Class on the recent honor of being named a recipient of the Community Champion Award from the Texas Commission on Alcohol and Drug Abuse; and WHEREAS, To be accorded this honor, the class participants demonstrated maturity, intelligence, and initiative in serving as promoters of zero tolerance underage drinking among area youth of Victoria County; and WHEREAS, These industrious young people produce their own television and radio public service announcements, sponsor alcohol-free parties, dramatize alcohol-related deaths through "grim reaper scenarios," developed a game show, and are active members of the Victoria Coalition Against Underage Drinking; and WHEREAS, Under the direction of their school sponsor, Cheryl Shamburger, class members David Escalante, Matt Fancher, Katherine Robles, Melanie Davis, Thursday, April 5, 2001SENATE JOURNAL 1073

Chris Lopez, James Johnson, Sara Casares, Lesley Alex, Amanda Swearingen, Laurie Moreno, and Maria Rodriguez have demonstrated an overwhelming desire to make a difference; and WHEREAS, Underage drinking is a dire issue in our state, and in speaking out against this problem, this hardworking, conscientious group of young people have proven themselves exceptionally civic-minded individuals; their efforts will help maintain the health and well-being of their fellow Texans, and this peer and leadership class is truly worthy of recognition; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby commend the members of the Bloomington High School Peer Assistance and Leadership Class on receiving one of the Community Champion Awards from the Texas Commission on Alcohol and Drug Abuse and thank them for their dedicated efforts to fight alcohol abuse among underage Texans; and, be it further RESOLVED, That a copy of this Resolution be prepared for the class as a token of esteem and high regard from the Texas Senate. The resolution was read. On motion of Senator Truan and by unanimous consent, the names of the Lieutenant Governor and Senators were added to the following resolutions as signers thereof: SR 645, SR 646, SR 647, SR 656, SR 657, SR 658. On motion of Senator West, SR 645, SR 646, SR 647, SR 656, SR 657, and SR 658 were adopted by a viva voce vote. GUESTS PRESENTED Senator West was recognized and introduced to the Senate the following recipients of the Community Champion Award from the Texas Commission on Alcohol and Drug Abuse: Jerrod Inskeep, the 15 members of HYPE, Monica Shepherd, Chequan A. Lewis, Harold Kevin Jackson, and the Bloomington High School Peer Assistance and Leadership Class. The Senate welcomed its guests. SENATE RESOLUTION 664 Senator Lucio offered the following resolution: WHEREAS, The Senate of the State of Texas is proud to recognize Brenda Yaneth Herrera on her recent honor of being named a recipient of the Community Champion Award from the Texas Commission on Alcohol and Drug Abuse; and WHEREAS, To be accorded this honor, Brenda demonstrated maturity, intelligence, and initiative in serving as an intern for a pilot study to assess awareness among area youth of the zero tolerance underage drinking law in Hidalgo County; and WHEREAS, Called "What Part of Zero Don't You Understand," the pilot program was sponsored by Texans Standing Tall, a statewide coalition to prevent underage drinking; and WHEREAS, As a selected spokesperson for this vital effort, Brenda worked to prepare and deliver speeches at press conferences in Austin and in the Rio Grande Valley, and she had the pleasure of appearing alongside noted state officials; and WHEREAS, A gifted and ambitious young woman, Brenda has also demonstrated her commitment to community as a parliamentarian for the Youth 1074 77th Legislature — Regular Session 49th Day

Initiative, a volunteer for Boys and Girls Club, and an instructor for Computer Camp; she is an exemplary high school student and currently ranks fourth in her class; and WHEREAS, Underage drinking is a dire issue in our state, and in speaking against this problem, this articulate young woman has proven herself an exceptionally civic-minded individual; her efforts will help maintain the health and well-being of her fellow Texans, and she is truly worthy of legislative recognition; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby commend Brenda Yaneth Herrera on receiving one of the Community Champion Awards from the Texas Commission on Alcohol and Drug Abuse and thank her for her dedicated efforts to fight alcohol abuse among underage Texans; and, be it further RESOLVED, That a copy of this Resolution be prepared for Brenda as an expression of esteem from the Texas Senate. The resolution was read. SENATE RESOLUTION 665 Senator Lucio offered the following resolution: WHEREAS, The Senate of the State of Texas is proud to recognize Jennifer Ceballos on her recent honor of being named a recipient of the Community Champion Award from the Texas Commission on Alcohol and Drug Abuse; and WHEREAS, To be accorded this honor, Jennifer demonstrated maturity, intelligence, and initiative in serving as an intern for a pilot study to assess awareness among area youth of Hidalgo County's zero tolerance underage drinking law; and WHEREAS, Called "What Part of Zero Don't You Understand," the pilot program was sponsored by Texans Standing Tall, a statewide coalition to prevent underage drinking; and WHEREAS, As one of six interns chosen to help lead the program, Jennifer's efforts were crucial; she led focus groups and conducted surveys of her peers, school personnel, parents, community members, law enforcement officers, judges, and prosecutors; and WHEREAS, After collecting her data, Jennifer and her co-workers prepared reports of their findings which were presented at an annual statewide policy summit in Austin; to be of further assistance to the campaign, Jennifer attended media literacy and advocacy training, so that she could work successfully to present the campaign to the public; and WHEREAS, Underage drinking is a dire issue in our state, and in speaking against this problem, this hardworking, conscientious young woman has proven herself an exceptionally civic-minded individual; her efforts will help maintain the health and well-being of her fellow Texans, and she is truly worthy of legislative recognition; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby commend Jennifer Ceballos on receiving one of the Community Champion Awards from the Texas Commission on Alcohol and Drug Abuse and thank her for her dedicated efforts to fight alcohol abuse among underage Texans; and, be it further RESOLVED, That a copy of this Resolution be prepared for Jennifer as an expression of esteem from the Texas Senate. The resolution was read. Thursday, April 5, 2001SENATE JOURNAL 1075

On motion of Senator Truan and by unanimous consent, the names of the Lieutenant Governor and Senators were added to the following resolutions as signers thereof: SR 664, SR 665. On motion of Senator Lucio, SR 664 and SR 665 were adopted by a viva voce vote. GUESTS PRESENTED Senator Lucio was recognized and introduced to the Senate Brenda Yaneth Herrera and Jennifer Ceballos, recipients of the Community Champion Award from the Texas Commission on Alcohol and Drug Abuse. The Senate welcomed its guests. GUESTS PRESENTED Senator Truan, on behalf of Senator Barrientos, was recognized and introduced to the Senate second-grade students from Linder Elementary School in Austin, accompanied by their teachers Elsa Woodard, Sarah Rosanky, and Denise Orona. The Senate welcomed its guests. SENATE RULE 11.18 SUSPENDED (Posting Rule) On motion of Senator Brown and by unanimous consent, Senate Rule 11.18 was suspended in order that the Committee on Natural Resources might consider SB 1339 today. RESOLUTIONS OF RECOGNITION The following resolutions were adopted by the Senate: Memorial Resolution SR 668 by Van de Putte, Madla, Wentworth, and Zaffirini, In memory of Hector R. Garza of San Antonio. Congratulatory Resolutions SCR 46 by Jackson, Honoring the 2001 Friendswood High School academic decathlon team for winning the state competition. SCR 47 by Jackson, Bernsen, Gallegos, and Whitmire, Honoring the retired Houston Ship Channel pilots and designating each of them as a Pilot Emeritus. SR 669 by Armbrister, Congratulating Kate Klinkerman of Victoria. SR 670 by Armbrister, Congratulating Samantha Brooks of Sugar Land. SR 671 by Ellis, Commending Ernest Jackson, Jr., of Houston. SR 673 by Bernsen, Congratulating John H. Shoaf. SR 674 by Lindsay, Congratulating Clay Edward Chambers. SR 675 by Jackson, Congratulating Dr. Grace Jameson of Galveston. 1076 77th Legislature — Regular Session 49th Day

SR 676 by Jackson, Commending Septon Company of America in Pasadena. SR 677 by Jackson, Congratulating Marial Alyse Biard of Houston. SR 678 by Jackson, Congratulating Ciara Reyes of Clear Lake. SR 679 by Barrientos, Congratulating Daniel Ben-Nun of Austin. SR 680 by Whitmire, Congratulating Senior Master Sergeant Henry A. Guidry, Sr. SR 681 by Fraser, Congratulating Joe C. and Madrajean Penney. Designation Resolution SR 672 by Bernsen, Declaring April 9, 2001, Liberty County Day at the Capitol. ADJOURNMENT On motion of Senator Truan, the Senate at 11:13 a.m. adjourned until 10:00 a.m. Monday, April 9, 2001.

APPENDIX

COMMITTEE REPORTS The following committee reports were received by the Senate: April 5, 2001 HEALTH AND HUMAN SERVICES — CSSB 1006, CSSB 514, CSSB 1238 JURISPRUDENCE — SB 129, SB 720, SJR 3 NATURAL RESOURCES — SCR 34, SCR 35, SB 1680, SB 1747, CSSB 1454 JURISPRUDENCE — SB 1192 (Amended), CSSB 913 STATE AFFAIRS — CSSB 817 HEALTH AND HUMAN SERVICES — CSSB 1586, CSSB 1051