Monday, May 31, 1999SENATE JOURNAL 4209 EIGHTY-FOURTH DAY

MONDAY, MAY 31, 1999

PROCEEDINGS

The Senate met at 2:00 p.m. pursuant to adjournment and was called to order by the President. The roll was called and the following Senators were present: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Nixon, Ogden, Ratliff, Shapiro, Shapleigh, Sibley, Truan, Wentworth, West, Whitmire, Zaffirini. Absent-excused: Luna. The President announced that a quorum of the Senate was present. The Reverend Troy Bell, Sr., Simpson United Methodist Church, Austin, offered the invocation as follows: O Lord, our Lord, how glorious is Your name. We gather this day in the Senate of the State of Texas aware of Your mighty presence. Much has been debated and declared by this illustrious group, but help us to remember You measure our worth and accomplishments by what we do for each other and not our politics. Allow Your spirit to search every heart present so they may do their best for You and Your people here in Texas. Make them keenly aware of all those areas where they have not been faithful and forthright for the real needs for our state and give them a new determination to do justly and follow Your will and not political or economic convenience. Lord, You have so much to teach us, give us, and show us if we would just humble ourselves and acknowledge You are lord of lords and king of kings. Come now and overwhelm these, our leaders, with Your great presence that they may build lasting monuments of Your justice and love. Save them from weak resignation and wheeling and dealing. Remind them, gracious Lord, that one day we will be judged in Your presence for all our actions. Let this be a glorious new beginning for them and our great state. May they be Your servants in these trying times, that we, too, may learn to be Your community where we are one people. We pray in Your name. 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. 4210 76th Legislature — Regular Session 84th Day

LEAVE OF ABSENCE On motion of Senator Barrientos, Senator Luna was granted leave of absence for today on account of illness. MESSAGES FROM THE HOUSE HOUSE CHAMBER Austin, Texas May 31, 1999 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 316, Instructing the enrolling clerk of the house to make technical corrections in HB 3457. THE HOUSE HAS ADOPTED THE FOLLOWING CONFERENCE COMMITTEE REPORTS: SB 4 (Viva-voce vote) SB 766 (Viva-voce vote) THE HOUSE HAS PASSED THE FOLLOWING MEASURES: HCR 317, Affirming that SB 441 contains no provision for a voucher program and does not provide any tax assistance for private school tuition. THE HOUSE HAS ADOPTED THE FOLLOWING CONFERENCE COMMITTEE REPORTS: SB 441 (144 ayes, 1 nay, 3 present, not voting) Respectfully, /s/Sharon Carter, Chief Clerk House of Representatives (Senator Carona in Chair) (President in Chair) SENATE RESOLUTION 1221 (Caucus Report) Senator Truan offered the following resolution: BE IT RESOLVED BY THE SENATE OF THE STATE OF TEXAS: SECTION 1. CAUCUS REPORT. At a caucus held on May 31, 1999, and attended by 30 members of the senate, the caucus made the recommendations for the operation of the senate contained in this resolution. Monday, May 31, 1999SENATE JOURNAL 4211

SECTION 2. EMPLOYEES. (a) The lieutenant governor may employ the employees necessary for the operation of the office of the lieutenant governor from the closing of this session and until the convening of the next session. The lieutenant governor and the secretary of the senate shall be furnished postage, telegraph, telephone, express, and all other expenses incident to their respective offices. (b) The secretary of the senate shall be retained during the interval between adjournment of this session and the convening of the next session of the legislature. The secretary of the senate may employ the employees necessary for the operation of the senate and to perform duties as may be required in connection with the business of the state from the closing of this session and until the convening of the next session. (c) Each senator may employ secretarial and other office staff for the senator's office. (d) The chairman of the administration committee is authorized to retain a sufficient number of staff employees to conclude the work of the enrolling clerk, calendar clerk, journal clerk, and sergeant-at-arms. The administration committee shall establish the salaries for the senate staff. SECTION 3. SENATE OFFICERS. (a) The following elected officers of the 76th Legislature shall serve for the interval between adjournment of this session and the convening of the next session of the legislature: (1) Calendar Clerk—Pat Rodgers (2) Doorkeeper—Don Long (3) Enrolling Clerk—Patsy Spaw (4) Journal Clerk—Dianne Arrington (5) Sergeant-at-Arms—Carleton Turner (b) All employees and elected officers of the senate shall operate under the direct supervision of the secretary of the senate during the interim. (c) Officers named in this section serve at the will of the senate. SECTION 4. DUTIES OF CHAIRMAN OF ADMINISTRATION COMMITTEE. (a) The chairman of the administration committee shall place the senate chamber in order and purchase supplies and make all necessary repairs and improvements between the adjournment of this session and the convening of the next session of the legislature. (b) The chairman shall make an inventory of all furniture and fixtures in the senate chamber and in the private offices of the members, as well as of the supplies and equipment on hand in the purchasing and supply department and shall close the books for the Regular Session of the 76th Legislature. (c) The chairman shall not acquire any equipment on a rental/purchase plan unless the equipment is placed on the senate inventory at the termination of the plan. (d) The chairman shall examine records and accounts payable out of the contingent expense fund as necessary to approve all claims and accounts against the senate, and no claim or account shall be paid without the consent and approval of the chairman. (e) The chairman and any member of the administration committee shall be entitled to receive actual and necessary expenses incurred during the interim. (f) In addition to the duties of the administration committee expressly imposed by this resolution, the committee shall take actions necessary to ensure that the administrative operations of the senate comply with applicable law and are conducted effectively and efficiently. 4212 76th Legislature — Regular Session 84th Day

SECTION 5. JOURNAL. (a) The secretary of the senate shall have 325 volumes of the Senate Journal of the Regular Session of the 76th Legislature printed. Two hundred and fifty copies shall be bound in buckram and delivered to the secretary of the senate who shall forward one volume to each member of the senate, the lieutenant governor, and each member of the house of representatives on request. (b) The printing of the journals shall be done in accordance with the provisions of this resolution under the supervision of the chairman of the administration committee. The chairman shall refuse to receive or receipt for the journals until corrected and published in accordance with the preexisting law as finally approved by the chairman of the administration committee. When the accounts have been certified by the chairman of the administration committee, the accounts shall be paid out of the contingent expense fund of the 76th Legislature. SECTION 6. PAYMENT OF SALARIES AND EXPENSES. (a) Salaries and expenses authorized by this resolution shall be paid out of the per diem and contingent expense fund of the 76th Legislature as provided by this section. (b) The senate shall request the comptroller of public accounts to issue general revenue warrants for: (1) payment of the employees of the lieutenant governor's office, the lieutenant governor, members of the senate, employees of the senate committees, and employees of the senate, except as provided in Section 301.030, Government Code, upon presentation of the payroll account signed by the chairman of the administration committee and the secretary of the senate; and (2) the payment of materials, supplies, and expenses of the senate, including travel expenses for members and employees, upon vouchers signed by the chairman of the administration committee and the secretary of the senate. SECTION 7. EXPENSE REIMBURSEMENT AND PER DIEM. (a) In furtherance of the legislative duties and responsibilities of the senate, the administration committee shall charge to the individual member's office budget: (1) the reimbursement of all actual expenses incurred by the members when traveling in performance of legislative duties and responsibilities or incident to those duties; and (2) the payment of all other reasonable and necessary expenses for the operation of the office of the individual senator during any period the legislature is not in session. Expenditures for these services by the administration committee are authorized as an expense of the senate and shall not be restricted to Austin but may be incurred in individual senatorial districts. Such expenses shall be paid from funds appropriated for the use of the senate on vouchers approved by the chairman of the administration committee and the secretary of the senate in accordance with regulations governing such expenditures. (b) Each senator shall be permitted to employ secretarial and other office staff and for intrastate travel expenses for staff employees a payroll of $27,500 per month to September 1, 1999, and with administration committee approval, may be increased to $30,000 per month. Any unexpended portion of this amount may be carried forward from month to month until the end of the fiscal year. Other expenses, including travel expenses or other reasonable and necessary expenses incurred in the furtherance and performance of legislative duties or in operation of the member's office or incident thereto, shall be provided in addition to the maximum salary authorized. Monday, May 31, 1999SENATE JOURNAL 4213

(c) The secretary of the senate may order reimbursement for legislative expenses consistent with this resolution and the establishment by the Texas Ethics Commission of per diem rates. (d) Any member of the senate and the lieutenant governor are eligible to receive such reimbursement on application of the member or the lieutenant governor to the secretary of the senate. (e) On the application of a member of the senate or the lieutenant governor, the applicant shall be entitled to reimbursement for legislative expenses for each legislative day. (f) For purposes of this section, a legislative day includes each day of a regular or special session of the legislature, including any day the legislature is not in session for a period of four consecutive days or less, and all days the legislature is not in session if the senator or lieutenant governor attends a meeting of a joint, special, or legislative committee as evidenced by the official record of the body, and each day, limited to 10 days per month, the senator or the lieutenant governor, including those living within a 50-mile radius, is otherwise engaged in legislative business as evidenced by claims submitted to the chairman of the administration committee. SECTION 8. MEMBER'S EMPLOYEE LEAVE POLICY. (a) An employee of a senator accrues vacation leave, compensatory leave, or sick leave in accordance with policies adopted by the senator consistent with the requirements of this section. (b) An employee may accrue vacation leave, compensatory leave, or sick leave only if the employee files a monthly time record with the senate human resources office. Time records are due not later than the 10th day of the following month. (c) Compensatory time must be used not later than the last day of the 12th month following the month in which the time was accrued. (d) An employee is not entitled to compensation for accrued but unused compensatory time. SECTION 9. DESIGNATION FOR ATTENDANCE AT MEETINGS AND FUNCTIONS. (a) The lieutenant governor may appoint any member of the senate, the secretary of the senate, or any other senate employee to attend meetings of the National Conference of State Legislatures and other similar meetings. Necessary and actual expenses are authorized upon the approval of the chairman of the administration committee and the secretary of the senate. (b) The lieutenant governor may designate a member of the senate to represent the senate at ceremonies and ceremonial functions. The necessary expenses of the senator and necessary staff for this purpose shall be paid pursuant to a budget approved by the administration committee. SECTION 10. MEETINGS DURING INTERIM. (a) Each of the standing committees and subcommittees of the senate of the 76th Legislature may continue to meet at such times and places during the interim as determined by such committees and subcommittees and to hold hearings, recommend legislation, and perform research on matters directed either by resolution, the lieutenant governor, or as determined by majority vote of each committee. (b) Each continuing committee and subcommittee shall continue to function under the rules adopted during the legislative session where applicable. (c) Expenses for the operation of these committees and subcommittees shall be paid pursuant to a budget prepared by each committee and approved by the administration committee. 4214 76th Legislature — Regular Session 84th Day

(d) The operating expenses of these committees shall be paid from the contingent expense fund of the senate, and committee members shall be reimbursed for their actual expenses incurred in carrying out the duties of the committees. SECTION 11. SENATE OFFICES. Members not returning for the 77th Legislature shall vacate their senate offices by December 15, 2000. SECTION 12. FURNISHING OF INFORMATION BY SENATE EMPLOYEE. An employee of the senate may not furnish any information to any person, firm, or corporation other than general information pertaining to the senate and routinely furnished to the public. SECTION 13. OUTSIDE EMPLOYMENT. An employee of the senate may not be employed by and receive compensation from any other person, firm, or corporation during the employee's senate employment without the permission of the employee's senate employer. SECTION 14. REMOVAL OF SENATE PROPERTY. The secretary of the senate is specifically directed not to permit the removal of any of the property of the senate from the senate chamber or the rooms of the senate except as authorized by the chairman of the administration committee. The resolution was read and was adopted by a viva voce vote. CAPITOL PHYSICIAN Senator Ogden was recognized and presented Dr. John McNew of Bryan as the "Doctor for the Day." The Senate welcomed Dr. McNew and thanked him for his participation in the "Capitol Physician" program sponsored by the Texas Academy of Family Physicians. SENATE RESOLUTION 1225 Senator Truan offered the following resolution: WHEREAS, Since his election in 1992, Senator Gregory Luna has become one of the most beloved and respected members of the Texas Senate; and WHEREAS, Few people have worked so passionately and so tenaciously on behalf of public education as Gregory Luna; a man of great integrity, he remains steadfast in his resolve that all the children of Texas deserve a quality education; in pursuit of this goal, he has been an influential part of the movement to equalize the state's school finance system; and WHEREAS, It is a distinct pleasure for the members of the Texas Senate to rise to pay tribute to a cherished colleague and trusted friend who has been with us in spirit during the 76th Legislative Session, most particularly during the deliberations over Senate Bill 4; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 76th Legislature, hereby honor a true statesman, Gregory Luna, and that the following senatorial tributes be offered to him as expressions of love and best wishes from his fellow members: Senator Truan: Senator Luna was elected to his first term in the Texas Senate in 1992 after serving four terms in the Texas House of Representatives. He has served on many important committees, but the committee that stands out is the Education Committee, where our Lieutenant Governor had appointed him vice chair, and he has served as vice chair of the Education Committee with previous Monday, May 31, 1999SENATE JOURNAL 4215 lieutenant governors as well. He was one of the founding members of the Mexican American Legal Defense and Educational Fund, better known as MALDEF, that has promoted equal rights and representation for the children of our state and our country who deserve a first-class system of public education. He has served admirably in the Legislature, both the House and the Senate, on the important issues of public school finance. He was very instrumental in putting together the legislation that we had two years ago and he was on the conference committee, Senator Bivins, that wrote the final bill as you well know. Senator Luna has been most concerned about education in general for all of our citizens. He served on the select Committee on Education, on dropouts with Senator Barrientos. He has been a professional attorney very dedicated to his profession. He has been one of those individuals dedicated to public service. There is no doubt but that we have missed him; his contributions, Senator Shapiro, to our body would have been immeasurable. He would have contributed so much more to the dialogue and the debate. But we know that his heart has been with us. I saw him at the Methodist Hospital in San Antonio and tears rolled down his eyes as he told me how much he wanted to be here with us. Senator Bivins: Thank you Mr. President and Members. I rise in support of Senate Resolution 1225. Mrs. Luna and family, I want to tell you that I miss my vice chairman. Greg Luna has served as vice chairman of the Education Committee since Bob Bullock told me, "Bivins, it's your turn in the barrel." I worked with Greg for two sessions and I know that among his many passions within the subject of education maybe his greatest passion was equity and funding for public education. So that as Senator Shapleigh said, every student in Texas can have a place at the starting line along with everyone else in the race for education and have an equal opportunity to get what will definitely be the key to success for every Texan in the next millennium. All through our deliberations on Senate Bill 4 I was mindful of Senator Luna and his commitment to equity, and I want to share with you, Mrs. Luna, and please take this back to Greg, he probably has figured it out already, but Senate Bill 4 as it passed the Senate last night and the House, and I anticipate will be signed by the Governor, will create the most equitable funding system in the history of the State of Texas for public education. And probably the most equitable public education system in the entire United States. In a state that is as economically diverse, as well as socially and culturally and every other way, as Texas to have accomplished that goal is a huge accomplishment. Senator Luna's efforts ever since I arrived in this Senate in 1989 one year after Edgewood v. Kirby 1 had been decided have always been tireless in trying to close the gap and create an equal educational funding opportunity for every school district in Texas. The bill we passed yesterday is a tribute to Greg Luna and his work and I want to thank you for being here with us today. Like I said, I miss having my vice chairman with us on Sine Die but I am glad you could be here. Mr. President I, too, support adoption of Senate Resolution 1225. Senator Carona: Mr. President and Members, I've known Greg Luna through circumstances a bit different, Senator Bivins, than you would. For many of us, the Senator Luna that we've known, particularly in the early part of this session, as a rather quiet very devoted, dedicated individual, but rather quiet as he would work steadily on the issues of great importance to him. But I had the good fortune of knowing him both as a House Member and also as a freshman last session in 4216 76th Legislature — Regular Session 84th Day the Senate. I got to see the side of Greg Luna that you all perhaps don't. He and I share some of the same illnesses if you will, and last December when I was ill and hospitalized I received not only a very personal and touching card with a note from Senator Luna but a phone call afterward. He and I had numerous discussions in the lounge during the early part of the session about the things that I had been through and about some of the trials and tribulations that he too had been through from that standpoint of his health and some of the things that he knew he would still have to deal with. I got to see not only the side of Greg Luna that you talk about today—the tenacious individual fighting in pursuit of a better system of public education for the students across this state—but I got to see Greg Luna the very personal, very private man. I cannot tell you what a kind heart and what a good person is that of Greg Luna. We all in this small body of 31 get to know each other pretty well, but I can tell you that there's not a gentler, there's not a more gracious, and there's not a kinder person in this entire body than you'd find in Greg Luna. God speed Greg Luna, and we look forward to your recovery. Thank you. Senator Zaffirini: Thank you Mr. President. Mr. President and Members, I too have known Greg Luna for so long, as I have also known his wife and daughter and other members of the family, two of whom are with us today, and he is not only a great Senator, he was also a great state representative. But this is a man who has also excelled in the courtroom. In San Antonio he is known not only as an outstanding legislator but also as a very, very effective attorney. On that behalf I share a dual relationship: one, my own friendship; and second, my husband's friendship with him because they have faced each other in the courtroom both against each other and at other times on the same side. Greg Luna is always a worthy opponent and a fabulous supporter and I just look forward to the day that he will rejoin us in the Texas Senate. To his wife and his daughter we all say thank you and we will keep him in our prayers. Welcome to the Texas Senate. Governor Perry did you notice the color of Mrs. Luna's dress? Senator Shapleigh: Thank you Mr. President. Mrs. Luna, if Greg Luna were here today he would be smiling because in the Texas Senate and in the Texas Legislature this year, as Senator Bivins said, Texas has passed the most equalized educational system in the country today. I've followed Greg's career now for about six years from the time he got into MALDEF early on as one of the organizers with the vision of every Texas child having an opportunity to get an education and to get to the starting line of opportunity. I think there's few people on the floor of the Senate that when they get up to talk people turn to listen to them. Remember the other day when Senator Ratliff got up and began a colloquy with Senator Nixon and his voice was a little bit raised from what it normally is? I think most of the people in this Texas Senate started following that debate in a way that they don't normally. But when Greg Luna gets up in the Texas Senate people track what he says because he is a man of quiet courage and when Greg Luna has a point there isn't anyone in the Texas Senate that doesn't know what Greg Luna is saying and who he speaks for. I just want to thank you for the dignity that Greg Luna has brought to this Senate and the issues that he's brought forth because Greg Luna's courage and his quiet way of getting things done really have made this a better place. Thank you. Monday, May 31, 1999SENATE JOURNAL 4217

Senator Barrientos: Mr. President, Members, I rise to join my voice with yours to pay tribute to a good and great man who is going to be joining us soon I hope. He is a fighter. I was sitting here thinking over the years. I have known Greg Luna for 20 or 25 years that we've worked together. Conviction, devotion, defender of the poor, defender of the children, defender of the ill—all done in his gentle mild-mannered way. Senator Carona, you got that just right, a gentle person, a gentle man. And yet, Gregory Luna is one of the fiercest fighters I've ever known. You know he was a police officer in San Antonio for about 10 years and you know what kind of fortitude and physical strength it sometimes takes to be peace officer, especially in a large city. He helped to establish MALDEF, the Mexican American Legal Defense and Educational Fund, an organization that has made some changes for Texas that were way overdue. Those people who benefitted from the work of those attorneys in that organization are indebted and so are we and so will our children and our grandchildren be, to Greg Luna. House Member, we served together over there also. Senator Truan, Matt Garcia, Greg Luna, Orlando Garcia, and all served well there. Senator, gentle, persuasive person, he is still fighting. I couldn't stand some of that fight for my mother who was a diabetic on dialysis for too many years, but it helps when your colleagues and your friends write, call. Gregory, Como estas camarada? No te dejes. We are with you now. We were with you yesterday and we will be with you tomorrow and with Helen and the whole family. God bless you. God speed. Thank you Mr. President. Senator Ellis: Thank you Mr. President, I rise to in a way to apologize because Greg Luna was also a member of the Jurisprudence Committee with me for the two previous sessions, and this session he was here in the beginning. One of the things, Helen, that he always argued against was any bill that would raise the fee on filing any document that would raise money to help the judicial system. In fact, they were known as "Luna bills" because he would kill them. He would tag them or raise a point of order to keep the bill from passing. Because he wasn't here for the last couple of months, you would be amazed what an impact it had on the committee. All of a sudden O'Candy over here, Chris Harris, stopped trying to pass all of those fee bills. I just want to tell you that, if he doesn't watch this on tape, I held those bills as long as I could. If there had been a point of order in them, I would have slipped them to Gallegos or someone else to try to kill the bills. It was a real privilege to work with Gregory Luna on the judicial selection plan, or so called bullet plan, when he was in the Senate. Robert Duncan carried it, of course, in the House, but it didn't make it. I did call him to ask him whether or not I ought to let Senator Duncan lop off the top half of that plan and send it over there. Robert was wondering whether or not I had something up my sleeves. We'll do something if a bill ever makes it back. The truth of the matter is, that Luna and I hadn't figured it out. But when he comes back next session, if Senator Duncan wants to pass the top half of that plan again, we'll pull something out of our sleeves then. Tell him we miss him, our love is with him, I'll never forget that night we were at that NCSL Conference. He'd been in the hospital for about a month or so and had gotten his color back; he was looking good and was with you at that Italian restaurant, dancing to the wee hours of the morning, and there was no music at that restaurant. I know Greg Luna will get well. 4218 76th Legislature — Regular Session 84th Day

Senator Lucio: Thank you Mr. President, I too rise with my colleagues in honor of a great Texan and a very, very good friend in support of SR 1225. I've known Greg since 1986 when I first got elected and started my legislative work in the House of Representatives. It's amazing how everyone would look at Greg when the issue of education would come up and everybody would go up to him so to get his opinion on what was right for the children of our great state. I was one of those in this chamber that really saw Greg and Helen on their way home that last time I saw Greg on the floor. I was pretty hungry and my Chief of Staff and I stopped in San Marcos. We just drove into the first little Mexican restaurant we saw, and who was in the restaurant? It was Greg and Helen. Greg was having some huevos rancheros and frijoles refritos. I went to the table where they were sitting and sat down. I was really saddened in a way. I told my Chief of Staff, "You know Paul, I think he's really hurting and he's eating that high cholesterol mean meal. I think he wants to feel good, he wants to eat something that tastes good." I did something Senator Whitmire, I picked up the tab because I wanted to buy my friend and his lovely wife a meal. He came over to thank me and I didn't say anything, but when he walked away I told Paul that I could never repay Greg for all he did for me as a freshman legislator and in the Senate. We all really looked at Greg to see what he was thinking and to see what advice he had to offer. We still call on him. He is much more than an elected official. I think all of us put him into the category of statesman. He knows what state government and the workings of government are all about. He knows the issues. A very serious individual, a hard worker, and no nonsense is the way I like to describe him, even though he likes to joke around once in awhile and get a laugh in, but most of the time he is really thinking hard about what he should do as a legislator. He is more than just a one-issue legislator. But he loved education, he loves education, and I think until the end he's going to make sure that he goes every day of his life searching for what he can do to make it better for the children that we represent. One of the things that I think we all agree on is that we learn from one another. Every day there is something new we learn from one another, and we learned a lot from Greg. We learned respect and honor, we learned to work hard and to take our work very seriously. I join with all of you in saying that we miss him, and I think that the valley misses him because he's a frequent traveler to the valley. His son lives there. A very fine young attorney in the Harlingen area in my district, so he is my constituent. I feel real close to Greg just as some of you who have known him through the years. I join with all of you in dedicating Senate Bill 4 to him today in this legislative session. Thank you Mr. President. Senator Moncrief: Mr. President thank you, and Helen thank you for the many years that you and your family have allowed Greg to serve the public. We in this body consider this to be sort of a family. Members, we all depend on each other. We all experience frustration, we all experience the happy times, the sad times. I don't think any of us, not a one of us, myself included, could really appreciate, Senator Lucio, just how much Greg was hurting or just how determined he was to stay as long as he could. This Senate is a grind; it's tough. There are some long hours here. It involves a lot of homework and you have to love what you do to stay here and enjoy it and he does. He is a voice of reason and has been so many times, Members, on both sides of this aisle. Certainly we respect him for his knowledge, for his vast knowledge in the field of education, and for the Monday, May 31, 1999SENATE JOURNAL 4219 time and energies he has so unselfishly given. But he also was always at middle ground when there was a tough issue, when votes where hard to come by. You would go to Greg and ask him for his support. He would grill you, grill you hard. "Why is this a good idea?" or "I don't think this such a great idea." And you respect someone like that. I think all of us have missed him this session, but let me tell you Members, he's here today. He is here today. His priorities have been here all session long as they will continue to be. So we certainly wish him God's speed. You will all remain in our prayers and we look back to the good times together and we look forward to many more times together when he returns. Thank you and God bless. Senator Madla: Thank you Mr. President. I too want to join Dean Truan and my colleagues in support of Resolution 1225. I would imagine that of all the members here I've probably known Greg the longest I think. I've known Greg all my adult life—prior to the time both of us were members of the legislature. Senator Barrientos referred to the fact that he was a police officer and that was many years ago. Later on he became an attorney; he ran for public office in '84 and was elected to the legislature. The other side of Greg that we never hear about though is that he was a public servant in a different way. Greg was very involved in several organizations in San Antonio. One was the Inman Christian Center. I had a lot of respect for him at the time because I worked for him. He gave a lot of his time, his money, his efforts. He represented that organization free whenever it became necessary for an attorney. Greg was involved with project SER, which is really a nationwide organization, but he was involved with the San Antonio chapter which assisted less fortunate individuals in trying to find employment in Bexar County. He was also very involved with United Way. Greg not only preached at the state level here in the halls of the Texas House or the Texas Senate about his caring about people, but he went back and actually practiced it. I've had the privilege of watching Greg since 1984 with respect and admiration. I think he has done a superb job, especially in speaking to the less fortunate of this state. All of us know about what and where his heart was when he came to public education. I think the fact that we have passed a very respectable bill, Senator Bivins, is a great tribute to Greg Luna. I think the greatest tribute eventually is going to be Greg's success in being able to bring to San Antonio The University of Texas downtown campus. It was something that he championed, that he dreamed of, and that is now a reality. Let me just say in closing to both Helen and their daughter Leticia, thank you for lending Greg to the people of Texas because the people of this state are far better off today because of a very quiet giant. Thank you Mr. President. Senator Gallegos: Thank you Mr. President. I too want to agree with everything my colleagues have said about Greg Luna. There was an issue earlier in Senate Finance where, Mr. President you remember, I did a little amendment and took $50 million away from San Antonio. By the way Helen they pulled my invitation to Fiesta because of that. Right after I was prepared to debate the merits on taking that $50 million from San Antonio for M. D. Anderson and in talking with President Perry, but then Leticia Van de Putte came over and said that she had a message for me and it was from Greg Luna. He wanted the $50 million back and I know the seat is filled, but it wasn't these last few weeks. I just want to tell you, Helen and Leticia, that we have differences in opinion on this floor. 4220 76th Legislature — Regular Session 84th Day

Vouchers. You know, he was one of our votes on vouchers. There's no doubt in my mind, health permitting, that we would have flown him in here on a helicopter, if we needed to block any kind of voucher program. I just want to tell you that after Leticia sent me that message along with Ed Garza the City Council member there, I told Governor Perry I was willing to back off and let that $50 million go back to San Antonio. It probably would have gone back but how can you fight a request like that. So I just want to join Dean Truan and the rest of my colleagues in honoring a good man, Senator Luna. Senator Wentworth: Thank you Mr. President. Senator Zaffirini, Senator Madla, Senator Luna, and I are the four members of this body that represent either all or part of Bexar County. I don't claim to have known Senator Luna as long as Senator Madla. Senator Madla said that he had met him before he began running for the legislature back in 1943, or something like that and that Frank ran the first. But the interesting thing is Frank Madla, Gregory Luna, and I came to the Senate together from the House—Frank had been there about 20 years, Gregory had been there about eight, and I had been there five. We came over here and, according to the custom, we drew straws. Gregory came in first in seniority, I was second, and Frank is the Junior Senator from Bexar County which Gregory kept reminding both Frank and me his entire time that he was the senior member from Bexar County. Senator Luna and I served on the House Judicial Affairs Committee together because we both practice law. Although the newspapers sometimes like to make a lot of distinction and difference between members because of their party affiliation, let me tell you that Senator Luna and I worked hand-in-hand on both the House Judicial Affairs Committee and then when we came to the Senate we both served together on the Senate Jurisprudence Committee. He was a wonderful member. I didn't always agree with him on those fee bills but we worked very well together and I'm sure that he's very grateful for the fact that we have added five new district courts to Bexar County after several sessions of getting no district court for Bexar County. It was interesting to me to listen to Senator Lucio say that he ran into Helen and Gregory at a Mexican restaurant in San Marcos. My wife, Carla and I eat lunch nearly every Saturday that we are in San Antonio at El Merador, which is a favorite restaurant in downtown San Antonio. It's miles from where we live but it has some of the best caldo anywhere in the State of Texas. And nearly every Saturday that we were there, Gregory and Helen would be there as well. We became very close friends of the Lunas. I remember particularly the trip to Honolulu in 1998 when Texas was trying to get a whole bunch of folks to come to San Antonio in 1999 at the Council of State Governments meeting. Gregory and Helen manned the Texas booth in Hawaii that year and we had an even better conference in '99 as a result of him inviting folks to come over. I'm not sure that Jane Nelson and Buster Brown dancing the macarena helped a lot of people decide to come, but it was a great trip and I will always treasure that. We have missed Gregory this session. We were really happy he was here at the first, the first few weeks, and I know that we will see him soon and in better health. Thank you Mr. President. Senator Brown: Thank you Mr. President. Members, I too rise in support of this resolution for our great friend Gregory Luna. You have heard about his distinguished career in the House of Representatives and in the Texas Senate and how he has done an outstanding job and has had many, many achievements since Monday, May 31, 1999SENATE JOURNAL 4221 he has been in public office, but I know that he has achieved something that I could never achieve, he got Senator Lucio to pick up the tab. You know Ms. Luna, we had a meeting in San Antonio and I really can't remember the specific meeting, but I remember it was at the restored theater in Greg's district and we went there for that occasion and you and he were there. On a number of occasions after that when I would start talking to him about that theater and about his district, his eyes would light up and he was so proud, not only of that particular restoration and how neat it was, but proud of his entire district. I don't think there is any member of the Senate who can claim more pride in the people that he represents and the district that he represents and that is an outstanding characteristic. I appreciate that in Greg and I appreciate his devotion and his loyalty in representing his district in this Texas Senate and look forward to seeing him back. Thank you. Senator Sibley: Thank you Mr. President. Gregory Luna is a dignified man who happens to be a senator whose conscience is his only guide. His voice was listened to and the only way to quiet that voice was his illness. Because I know if he had been here, his voice would not have been quieted by any force or any person or anything that men might do to try to make him quiet. Senator Wentworth, we do take sides from time to time and I don't think it's necessary in this body for us to alter our opinions before we can pay tribute to a man like Gregory Luna. There are some people in the Senate that go by first name, I can go down the list of people and Senator Luna is one of those people I just can't call Greg. He's too dignified and too much of a figure at least in my eyes and my respect for him won't allow me to do that. So we do look forward to him coming back and returning to us. It is a family and we miss him greatly and it is a privilege to pay homage to him. Senator Cain: Thank you very much Mr. President. As have many members of this body, I had the great privilege to serve with Gregory Luna. I'm sorry I have to call him Gregory. I served with Gregory Luna over in the House of Representatives and I followed him some several years later over to the Senate, and in each body, he's been a rock. He has been a man of conscience. He believes very strongly in his constituents and he is a major voice and will remain a major voice in public education. More than that, he is my friend and he is a friend of each and every one of us here on the floor of the Texas Senate. I know I have missed him and I have missed his good counseling and his guidance the latter part of this session. But Helen I want you to know that my fondest wish is that you and I and Sally and Greg can get back on the river and have a little food traveling down as we have done in the past. We are very glad that you are here with us today and please send our best wishes back to Greg and wish him Godspeed. Senator West: Thank you very much Mr. President. Helen, I am not going to repeat everything everyone has said, but I do want to say this, Senate District 26 was represented this session on important issues that I know and many of Greg's colleagues know he would have addressed for that Senate district. I want you to carry that message back home. I can think of a couple of instances where Greg's presence was felt. The Luna letter was an important letter. He wanted to be here if there was going to be a vote for sending that particular letter and we honor that because we are in fact a family. I can think about a vote on an amendment that Senator Duncan and I had on some statewide gang database bill, but never before 4222 76th Legislature — Regular Session 84th Day in the four sessions that I served here, have I ever seen a vote go down 15 to 15. That was on a local option. I know how Greg would have voted on that particular amendment. When we got ready to do, under the leadership of Teel Bivins, Senate Bill 4, I wish we would have been thinking. Just as we had attempted to name the hate crimes bill after James Byrd, I think it would have been very appropriate to name Senate Bill 4 after Gregory Luna given his passion for the schoolchildren in the State of Texas. With Senate District 26 interest safeguarded in that bill, you bet it was because I know Gregory Luna probably would have wanted us to put more money into prekindergarten, kindergarten, and dropout programs. He probably would have wanted us to put more money into teacher pay raises, but I think he recognized and would be satisfied with what we have done for public education in the State of Texas. We have a lot of work to do this interim and I know and I look forward to working with him on issues that still must be addressed not only in public education but also higher education. We salute Greg Luna, a great Texan. Senator Whitmire: Mr. President, members. I will be brief, I wanted to stress to Helen how we missed him not being here. He often turned around and told me to behave. So tell him because he was gone, they got the full force of me this session. He has such a calming effect on all of us, didn't say much but when, as others have said, he spoke we all listened. And I was sitting here thinking I just think if someone can enter a public office, and maintain the normalcy that they have when they got in it assuming they were normal when they started, it's a real tribute to his family to his upbringing and Greg you are such a normal person in the greatest sense of that word. He came from humble beginnings, was a public servant, a civil servant when he came over here, and was the same guy today that he was when he got here, so I wanted to speak to what a calming effect he was to all of us. I wanted to make certain that because he felt so strongly on teachers' salaries and benefits, that you really ought to incorporate some bill signing with some opportunity for Greg to be a part of that great occasion that he helped commence. I think that he would want to be recognized as someone that blocked the vouchers, unless you passed it and didn't tell us anything. Unless it's in some bill and you are going to tell us after we get out of here, but I believe we blocked vouchers. I think the Lord works in strange ways. I truly believe and, not to debate the issue today but it will be debated in the future, if Greg would have been here, I think the fight would have been more confrontational. I think his absence put a calming effect on that issue because we were using him and he wanted us to use him in the signing of the letter, the notice to the chair, to give 24-hour notice. That was all strategy presented by Greg. Actually one time we were going to issue a video from him from his hospital bed, so I am here to tell you that he would want us to give him credit for blocking vouchers. And you can tell him that that fight is not over. In fact it will be discussed in future sessions. So tell Greg that he did more on the hospital bed to block vouchers than any one of us did on the Senate floor, and we desperately need him in the future and look forward to him providing that leadership because a lot of those other members, members that are not familiar with the ins and outs of education and even in that particular issue he has convinced me to listen to him on the need to block it, need his assistance and influence to do that in the future. So tell him what he did and that we need him to help us in the future. Monday, May 31, 1999SENATE JOURNAL 4223

Senator Harris: Thank you Mr. President. Helen there have been wonderful accolades said about our friend Gregory Luna, and they don't even remotely begin to say and to express the truly wonderful things he has done and I won't try to compete with what my brothers here in the Senate have said today. My wife, Tammy, and I, if you remember Tammy from Puerto Rico, Tammy and I were talking this morning about the Senate, about the friendships and she immediately brought up our experience with you and Greg in Puerto Rico and the enjoyment that afternoon and that evening. Just learning to chat with each other, learning each other's ambitions and desires, learning how important your daughters are to you and Greg. That is something that is very special to Tammy and me. You have a very exceptional husband in every respect and I really look forward to the day that he is again sitting in that chair. Senator Ellis jokingly said that there was some bills stopped in Judiciary Committee or delayed in Judiciary Committee waiting for Greg to get back. Helen you can tell him they were not stopped, they were killed because we knew how he would have voted. On the controversial bills we cast his votes for him and we acted accordingly. Tell him from me and Tammy, Godspeed. Thank you. Senator Ratliff: Helen there have been a number of references to the fact that Greg was vice chair of education under Senator Bivins. As you know he was my vice chair before that. Greg and I, Greg sat by my right side as we rewrote the public Education Code for the State of Texas. Let me tell you he took no credit for that effort, but he was as much as any one the person that kept me straight, many times because he was such a wealth of knowledge about this educational system and frankly I was almost new to. We miss him and we want you to tell him that we are ready for him to be back and God bless him; and, be it further RESOLVED, That a copy of this Resolution be prepared for Senator Luna as an expression of the heartfelt esteem, respect, and admiration of the Texas Senate. The resolution was read. On motion of Senator Barrientos and by unanimous consent, the names of the Lieutenant Governor and Senators were added to the resolution as signers thereof. On motion of Senator Truan, the resolution was adopted by a viva voce vote. GUESTS PRESENTED Senator Truan was recognized and introduced to the Senate Mrs. Helen Luna, wife of Senator Luna, and their daughter, Leticia Ann Luna. The Senate welcomed its guests. LETTER FROM SENATOR LUNA The President read the following letter from Senator Luna: Dear Friends and Colleagues: While I may have missed all the Star Wars fun, I believe I shared in the presence of the Force. How else could you explain my uncanny ability to move legislation from my hospital bed in San Antonio? I am honored to have served alongside each and every one of you. This session has demonstrated that the Texas Senate is truly a collection of statesmen. I enjoyed the 4224 76th Legislature — Regular Session 84th Day boisterous House but the large membership limited our opportunity to get to know each other. Now that I have served in the smaller, but higher, body, I find that getting to know all of you so well was such a rewarding experience. I also enjoyed the more humorous and silly side of all of us. We are all human, hard-working, committed, capable of acts of redemption and forgiveness. Your genuine interest in my health and words of encouragement and support allowed my recovery to progress. All of you are honored friends who have touched my life in many ways. While I could not attend the latter part of the session, you all allowed my voice to be heard. When I came to the legislature I intended to change the status quo for all children in public schools; I was full of hope for the future, and now the future is here. I know with your help, we made a big difference to those students, to family law, to the elderly, but most of all to the school finance system. It had my heart from the beginning. Ironically, my involvement in school finance litigation began in 1968 when I defended Edgewood Independent School District against Rodriguez's suit charging that the district had violated its students' constitutional rights to an equitable education. I believe that every public school should be a good school. The quality of the school a child attends should not depend on an accident of birth by either location or station, or on a parent's ability to ferret out alternatives to the neighborhood schools. An efficient system of education means that each child receives quality education. During my terms in the House and the Senate, I have served on three school finance conference committees. I believe that the state system still needs improvement, but we have come so far, farther than I thought possible. SB 4 continues our progress; while the guaranteed yield does not meet the $28 goal set by HB 351 in 1991, I think that $25 is very good. I have enjoyed serving under the leadership of Senator Bivins in the Education Committee. Mr. Chairman, you have always treated me with respect and accepted many of my contributions over the last two sessions. Your calm and even temperament are perfectly suited to the challenges of creating a quality education system. The work has been hard and there are more challenges ahead, but I will remember your leadership, your work ethic, and your commitment to the education of the children of Texas. I am also proud of having chaired the Texas Korean War Veterans Memorial Committee that finally brought recognition to the 1,719 Texans killed or missing in action during the Korean War. The new memorial honoring these veterans on the Capitol grounds was dedicated last month, and I believe it is a worthy memorial. I would especially like to thank Dean Truan, the Chair of the Veteran Affairs and Military Installations. He, more than any other, understands and embodies the best traditions of this Texas Senate. Especially today, Memorial Day, Texas veterans can be proud of your sponsorship of bills to provide tuition assistance for members of the Texas National Guard. These bills will continue the state's commitment to those who have served our country faithfully. I and all of San Antonio owe you a debt of gratitude for your efforts to ensure that the budget adequately addressed the needs of San Antonio. While Corpus Christi can be proud to have you as their Senator, San Antonio will always remain a place where you will be welcomed and honored. You were a strong advocate for us, and San Antonio is a better place because of your years of public service. Without you, major funding items such as The University of Texas at San Antonio downtown campus Monday, May 31, 1999SENATE JOURNAL 4225 might not have been funded. Your work with Senator Ratliff (Obi-Wan Kenobi) and the other members of the conference committee is applauded. In addition, I must mention my fellow colleagues from Bexar County. I would like to thank Senator Frank Madla. Both Frank and I entered the Senate together, and we share the experience of being Members of both Houses. We also share a love of our home community. Your support of the community is legendary. You authored many important pieces of legislation for San Antonio this session, ranging from the bid for the Pan Am Games to further redevelopment of Kelly Air Force Base. But most importantly, this session, you honored my request and selflessly advocated to ensure that The University of Texas at San Antonio and especially its downtown campus were funded. Your word set me at ease and allowed me to focus on my recovery. My trust was well-placed. I also want to thank Senator Judith Zaffirini. During my absence in the Education Committee she very capably fulfilled my duties as Vice-chair. She also shared my passion for celebrating contributions of the Hispanic community. Her co-authorship this session of a resolution to designate the Centro de Artes Museum in San Antonio as the state's official Latino museum will show all the visitors to our state the incredible richness of our culture. I would also thank my Republican colleague from Bexar County, Senator Jeff Wentworth, for his work to garner five badly-needed new state district courts in Bexar County. He also took the lead to protect the Children's Cancer Center's tobacco settlement endowment. Senator Wentworth, you are a man of great integrity and you have fought hard for San Antonio. When I first came to the Senate, I chose a desk assignment right next to Senator Gonzalo Barrientos for a good reason. Gonzalo and I share a kindred spirit. We were carved from the same stone. I am proud of your work this session as leader of the Democratic Caucus. I appreciate your constant vigilance over the well-being of the powerless. It comforts me to know that you will continue to be here fighting for the children of our great state. Burned in my memory will be eloquence of your speeches and the light of your passion. Last but not least, I want to thank Lieutenant Governor Rick Perry. While we have different political philosophies, we both share a commitment to fairness and respect. During my illness you maintained an open dialogue and involved me, even when it might have been politically expedient not to do so. Your staff, especially Hector Gutierrez, were always available to address any of my requests. You have much to be proud of this session and your success echos your character. Governor, I am proud to have served along with you in the Senate. I value all my friends here. I appreciate your constant inquiries on my health, your prayers that helped me get through this long hospitalization, and the many cards from school children, parents, and teachers across the state. I will go home, rest, and recover. Take care of the children of this great state, they are the future of Texas. I miss all of you so much, and I wish I could be with you to celebrate the wonderful success of the 76th Legislature—I was extremely proud to be part of your team. Godspeed to you always. Your faithful servant, Senator Gregory Luna 4226 76th Legislature — Regular Session 84th Day

BILLS AND RESOLUTIONS SIGNED The President announced the signing of the following enrolled bills and resolutions in the presence of the Senate after the captions had been read: SB 371, SB 374, SB 434, SB 528, SB 576, SB 709, SB 731, SB 824, SB 947, SB 982, SB 996, SB 1026, SB 1106, SB 1127, SB 1130, SB 1207, SB 1237, SB 1423, SB 1468, SB 1563, SB 1569, SB 1595, SB 1650, SB 1866, SB 1911, SCR 6, SCR 18, SCR 44, SCR 79, SCR 87, SCR 89, HB 143, HB 153, HB 211, HB 352, HB 400, HB 485, HB 542, HB 564, HB 571, HB 577, HB 597, HB 628, HB 662, HB 713, HB 744, HB 746, HB 819, HB 826, HB 846, HB 869, HB 918, HB 932, HB 1059, HB 1104, HB 1123, HB 1140, HB 1188, HB 1193, HB 1223, HB 1275, HB 1283, HB 1291, HB 1376, HB 1444, HB 1453, HB 1603, HB 1622, HB 1703, HB 1799, HB 1861, HB 1884, HB 1933, HB 1939, HB 1961, HB 1983, HB 1997, HB 2031, HB 2085, HB 2147, HB 2175, HB 2224, HB 2409, HB 2434, HB 2510, HB 2553, HB 2611, HB 2641, HB 2748, HB 2815, HB 2821, HB 2824, HB 2825, HB 2896, HB 2947, HB 2954, HB 3016, HB 3029, HB 3079, HB 3182, HB 3255, HB 3304, HB 3470, HB 3549, HB 3582, HB 3620, HB 3693, HB 3697, HB 3757, HB 3778, HB 3793, HCR 105, HCR 158, HCR 249, HCR 311, HCR 314, HCR 315. (Senator Nixon in Chair) SENATE CONCURRENT RESOLUTION 90 The Presiding Officer laid before the Senate the following resolution: WHEREAS, SB 4 has been adopted by the senate and the house of representatives and is being prepared for enrollment; and WHEREAS, The bill contains technical errors that should be corrected; now, therefore, be it RESOLVED by the 76th Legislature of the State of Texas, That the enrolling clerk of the senate be instructed to correct SB 4 as follows: (1) In SECTION 1.03 of the bill (conference committee report, page 3, line 25), strike "educating [contracting for the education of]" and substitute "[contracting for the] education of". (2) In SECTION 1.16 of the bill (conference committee report, page 10, line 27, and page 11, line 3), strike "Acts of the" both places it appears. (3) In SECTION 1.26 of the bill (conference committee report, page 21, lines 25 and 26), strike "The commissioner shall adjust the rankings after making the reductions in wealth per student required by this subsection." (4) In SECTION 1.26 of the bill (conference committee report, page 21, line 27), strike "(b)" and substitute "(b)". (5) In SECTION 1.29 of the bill (conference committee report, page 28, line 3), strike "commissioner" and substitute "commissioner, before providing additional assistance under Section 42.2522,". (6) In SECTION 1.34 of the bill (conference committee report, page 34, line 22), strike "in". (7) In SECTION 1.40 of the bill (conference committee report, page 41, line 22), strike "Subsection (k) does not apply" and substitute "Subsection (i) applies". (8) In SECTION 1.40 of the bill (conference committee report, page 41, line 24), Monday, May 31, 1999SENATE JOURNAL 4227 strike "level" and substitute "level, except that the amount of $0.03 is substituted for the amount specified by Subsection (i)(2)." (9) In SECTION 1.44 of the bill (conference committee report, page 46, line 18), strike "2000" and substitute "2001". (10) In SECTION 2.15 of the bill (conference committee report, page 70, line 2), strike "(h)" and substitute "(l)". BIVINS The resolution was read. On motion of Senator Bivins and by unanimous consent, the resolution was considered immediately and was adopted by a viva voce vote. MESSAGES FROM THE HOUSE HOUSE CHAMBER Austin, Texas May 31, 1999 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 318, Instructing the enrolling clerk of the house to make corrections in HB 1498. HCR 319, Instructing the enrolling clerk to make technical corrections to HB 3211. HCR 252, In memory of Roye Mulholland. HCR 260, Declaring October 4-9, 1999, "Firefighters and Paramedics Recognition Week." HCR 320, Instructing the enrolling clerk of the house to make technical corrections in HB 844. SCR 62, Declaring April 7, 1999, as Hood County Day at the Capitol. SCR 88, In memory of Senator William T. "Bill" Moore. Respectfully, /s/Sharon Carter, Chief Clerk House of Representatives HOUSE CONCURRENT RESOLUTION 319 The Presiding Officer laid before the Senate the following resolution: HCR 319, Instructing the enrolling clerk to make technical corrections to HB 3211. DUNCAN 4228 76th Legislature — Regular Session 84th Day

The resolution was read. On motion of Senator Duncan and by unanimous consent, the resolution was considered immediately and was adopted by a viva voce vote. HOUSE CONCURRENT RESOLUTION 318 The Presiding Officer laid before the Senate the following resolution: HCR 318, Instructing the enrolling clerk of the house to make corrections in HB 1498. SIBLEY The resolution was read. On motion of Senator Sibley and by unanimous consent, the resolution was considered immediately and was adopted by a viva voce vote. HOUSE CONCURRENT RESOLUTION 313 The Presiding Officer laid before the Senate the following resolution: HCR 313, Instructing the enrolling clerk of the house to make a technical correction in HB 2022. LUCIO The resolution was read. On motion of Senator Lucio and by unanimous consent, the resolution was considered immediately and was adopted by a viva voce vote. HOUSE CONCURRENT RESOLUTION 316 The Presiding Officer laid before the Senate the following resolution: HCR 316, Instructing the enrolling clerk of the house to make technical corrections in HB 3457. ARMBRISTER The resolution was read. On motion of Senator Armbrister and by unanimous consent, the resolution was considered immediately and was adopted by a viva voce vote. (Senator Moncrief in Chair) (President in Chair) SENATE RESOLUTION 1218 Senator Fraser offered the following resolution: WHEREAS, The Senate of the State of Texas is pleased to welcome Kamlyn Monique Patrick of Missouri City to the Capitol, and to recognize this bright young woman for her many accomplishments; and WHEREAS, Born at Fort Hood, Kamlyn has always been a dedicated student; throughout her academic career, she has repeatedly made the honor roll, performed exceptionally well at science fairs, and been active in extracurricular activities; she has Monday, May 31, 1999SENATE JOURNAL 4229 also distinguished herself academically by graduating two years early from high school; and WHEREAS, A Texan of great spiritual conviction, Kamlyn is an active member of her church, serving in its Youth Choir, as its Youth Secretary, and on its Praise Dance Team; she also placed first in its Bible Trivia competition; and WHEREAS, Kamlyn possesses great determination, drive, and focus; her plans include an impressive course of study at the university level; after school, Kamlyn hopes to start her own computer company, and later in life, she would like to enter politics; Kamlyn hopes to garner enough public support to one day become President of the United States; and WHEREAS, Kamlyn's achievements and plans bespeak the high standards she sets for herself; she is a stellar young woman, whose hard work is evident; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 76th Legislature, hereby commend Kamlyn Monique Patrick on her many successes and extend to her best wishes for continued success in her future endeavors; and, be it further RESOLVED, That a copy of this Resolution be prepared for Kamlyn as an expression of high regard from the Texas Senate. The resolution was read and was adopted by a viva voce vote. ELECTION OF PRESIDENT PRO TEMPORE AD INTERIM SEVENTY-SIXTH LEGISLATURE The President announced that the time had arrived for the election of President Pro Tempore Ad Interim of the 76th Legislature. Senator Zaffirini placed in nomination the name of Senator Rodney Ellis of Houston for the office of President Pro Tempore Ad Interim of the 76th Legislature. Senator Zaffirini introduced to the Senate Senator Ellis' mother, Oliver Teresa Ellis; his father, Elijah Ellis, Sr.; his wife, Licia Green Ellis; his daughter, Maria Hill; and his son, Leland Ellis. On motion of Senator Truan and by unanimous consent, Senator Zaffirini's nominating speech was ordered reduced to writing and printed in the Senate Journal: Senator Zaffirini: Thank you Mr. President. Mr. President and Members, it is a great privilege and with great pleasure that I rise to nominate to serve as the next President Pro Tempore of the Texas Senate, the Honorable Rodney Ellis of Harris County. Mr. President and Members, it is so true that Rodney Ellis is a great leader, a great Senator, a great friend. Ralph Waldo Emerson wrote 150 years ago that great men exist so that there may be even greater men. If that is true, then let us also recognize not only this great Senator, but the great man and the great woman who taught him to work hard, who taught him principles, who taught him values. The great man and the great woman who are his father and mother, Elijah and Oliver Teresa Ellis, would they please rise and be recognized? Mrs. Ellis told me that when Rodney was just a little boy someone told her he's either going to be a preacher or a politician. Maybe he's a little of both. If Ralph Waldo Emerson was right, Mr. President and Members, then we can expect from Rodney and from his wife, Licia, that they will develop for our great State of Texas 4230 76th Legislature — Regular Session 84th Day even greater leaders. Many of you know his daughter, Nicole. Some of you know his daughter, Maria, and his baby, Leland, who are here today. Rodney, would you point them out for us and let Maria rise and be welcomed to the Texas Senate? What makes Rodney special is his great wit, his great humor, his great intelligence, his great character, his great ability as a Texas Senator, for all of us count him as a great friend. But, if you think about it, it is his great gift of hope that makes him special, his great gift of hope not only for his own children, but for all children that truly allows us to believe in him and believe in his future. Think about it, Members, as a state Senator he offers hope for all of our families. He has passed 278 bills during five terms as a state Senator from Harris. This session alone, Members, he has passed 90 bills. Can you believe that? That represents a lot of hard work and you know some of his accomplishments during this session. He secured $100 million for Hope Scholarships, now called the Texas Grant Program. He secured $506 million in sales and franchise tax relief, and he championed the hate crimes bill. He was one of many who rose to say that in the pledge of allegiance we promise liberty and justice for all. What part of all don't you understand? That is the passion of Rodney Ellis. In other sessions he has focused on children's issues—I know that that makes Licia particularly proud—focusing on child care, economic development, the list goes on and on and on. As a committee chair, he is a friend and he is a leader. He truly practices Ralph Waldo Emerson's advice that the best way to make a friend is to be a friend. For all of us, Members, he offers us hope that the bills referred to his committee will get a setting. He is a friend and he is cooperative and he is supportive. The question is, outside these grand halls who is Rodney Ellis? Where has he been and where is he going? Rodney Ellis has a Bachelor's degree from Texas Southern University. He holds a Master's degree from the LBJ school and a Doctor of Jurisprudence degree from The University of Texas School of Law. Mr. President, hook'em horns. He is a UT ex and very, very proud of it. In his career he is something other than a Senator. He is an attorney. He is an investment banker, and did you know, Members, that with only $20,000 he started a business that grew into a multi-billion, that's billion with a "b," corporation. His career is extraordinary. He is an international businessman representing Mexico and NAFTA, and going to South Africa to privatize the telephone company. His accomplishments as a professional are extraordinary. As you can see from the extended family that joins him on the Senate floor, he is a wonderful family man. He is very much loved because he is so loving. Where is he going? Today we will elect him President Pro Tempore of the Texas Senate—President Pro Tempore. Now, all of you Republicans and all of you Democrats better understand exactly what that means. If Governor George Bush is elected President and Lieutenant Governor Rick Perry becomes Governor, Rodney Ellis will assume duties as Presiding Officer of this Senate. Now, the rules say that he has to call for an election within 30 days, but remember his parliamentary expertise. He will find a way to delay it; won't you, Rodney? And so, my advice to all of you is that he is going to be the next Presiding Officer of this Senate, at least temporarily, and, very definitely, will be the next Governor of Texas because he will serve as Governor for a Day. Every time during the interim that George Bush and Rick Perry are out-of-state, it is Rodney Ellis who will be Governor of Texas. Mr. and Mrs. Ellis, did you ever in your wildest dreams see your son as Governor of Texas? But he will be because he is a great man. Ralph Waldo Emerson also was described as the mind on fire. I believe that Rodney Ellis should be described not only as a mind on fire, but as a heart on Monday, May 31, 1999SENATE JOURNAL 4231 fire, a heart full of hope, a heart on fire to bring that hope that he has for his children, for all of our children, and to make Texas a better place to live. Mr. President and Members, it is with great pleasure that I rise to nominate the Honorable Rodney Ellis as President Pro Tempore of the Texas Senate. On motion of Senator Truan and by unanimous consent, the remarks made to second the nomination of Senator Ellis were ordered reduced to writing and printed in the Senate Journal: Senator Harris: Well, Mr. President, I appreciate the honor, but after everything Judith said I'm a little awestruck as to what to say. Rodney, I look back over the five sessions that I've now served with you in the Texas Senate; I look back on the way that you've chaired the Jurisprudence Committee for the last two sessions. Members, many of you may not realize it, Senator Zaffirini alluded to it, that Senator Ellis this session alone has passed over 90 bills. Senator Brown, did you realize that he filed more bills than anybody this session, even including you this time? And, Senator Zaffirini, going back to you, Madam Chair, when we went back and crunched the figures as far as the most productive committee in the Texas Senate this session, it was Jurisprudence Committee. We moved more bills, Chairman Ellis moved more bills through and did it more efficiently from a time standpoint than any other committee. And, Senator Zaffirini, he didn't start us at 7:00 a.m. to do it. Rodney, there's been acknowledgment today, so far the Hope Scholarship bill; I'm sure if there hasn't been already the mention of the courts bill. The courts bill is very important because you were carrying a piece of legislation that helped a multitude of the fellow Senators on this floor go back to their districts and show their constituents how you had helped them solve law and order in getting more criminal courts into those individual Member's districts. Hope Scholarship, monumental importance. The bills that maybe weren't talked about or acknowledged, either in the press or here today, would be the bills like this, SB 247 where you ensured that a poor person could get representation within 20 days, bills such as SB 1703 to help low-income families get help in home repairs, bills like raising the penalties for forcing children into criminal street gangs, bills to help individuals without the income and the means to be able to join the Internet highway—to help make that technology available to them, to help make that ability to learn available to them. Senator Ellis, on a number of times on the Senate floor this session we've talked about compassion and those of us who are compassionate. When I go back and look and think about the things you've done in your history here on the Senate floor, I have to think about you making mechanisms for affordable child care for families, or the way that you've helped address issues for families struggling with mental illness. The work that you did in making charity beds available in our nonprofit hospitals here in this state, which, goodness knows, you took on a heck of a fight back home in your district to do what you believed was fair and what was needed for your people. Members, years ago Senator Ellis and I were sitting back on a committee that Bullock had appointed to look at the judiciary, back in the horseshoe in the Lieutenant Governor's Committee Room. Rodney asked me if I knew which committees I was on and so on—we were waiting for Bullock to come out with the announcements. I explained to him I did not, and we got to talking and I was 4232 76th Legislature — Regular Session 84th Day asking him how he was able to communicate so much with his constituents— because it was incredible, all this mail, phone calls, he got all this kind of stuff. Rodney explained to me how to most productively work the system on getting out mailers to where your constituents could communicate with you, to where they knew your thoughts. He was going through this and that and you gotta do it this way and then you gotta do it that way. The announcement of the committees came out and he was chairing Jurisprudence. They handed me mine, I had folded mine over, I slid it over to him, he opened it up, and he saw Chair of Administration. Well, of course, he had been telling me how he kind of exaggerated and worked to his benefit the mailing procedure in the Senate. A few days later I received a gift, two gifts in fact, from Senator Ellis. One was a fine-toothed comb and the other was a magnifying glass, and only Senator Ellis would have thought to have done that. Ladies and gentlemen, it's wonderful to see Rodney's family here today. To you, Mr. Ellis, Mrs. Ellis, you have a son that I don't know if you ever dreamed he would be a man who could shape so much important legislation and do so much for the people of Texas; I'd also like to add that he does it very selflessly. He's a man that always does what he believes is right, and he works to make those beliefs reality. Some day, just for fun, you really ought to sit down and study all the legislation that your son has passed and the benefit that he's been for Texas. Senator Ellis, we always talk about how we're friends in the Senate and about how there's a camaraderie among us. For me, sir, the friendship with you goes beyond the camaraderie. You are a very special individual. You're as good a friend as I've got, and it's a real pleasure for me to second this nomination. Thank you Mr. President. Senator Barrientos: Mr. President and Members, I rise to second the nomination of our good friend, Senator Rodney Ellis, for Senate President Pro Tempore. Senator Ellis, they told me to keep it short, as they told all the folks, but I wanted to point out a couple of things. Senator Whitmire and I were discussing over here, saying who's this fellow, Waldo Emerson? He lives in Rodney's district; he must be paying him a lot of money. I heard he was a precinct judge in your district. Rodney, I'm going to skip a lot of the things that we could say. We've been friends for 20, 25 years, when we were all running around together with Congressman Mickey Leland who was then a state Representative—good crowd from those days when we were younger and perhaps more energetic. They were good days. You have done much since then, serving your fifth term in the Texas Senate. Of all of the things that you've done, Senator Ellis, Members, I would say, to me, the most impressive is how for ten years you have put, every year, over 100 young men and women through your internship program that you developed, that you sponsor, that you raise money for, and you're responsible for all of those young people out there now who have a better understanding of government and who in their hearts are going to be doing the right things for Texas in the coming years. I think I am most appreciative of that, Rodney Ellis. Lastly, let me just say, when I became a Senator, my mom and dad were sitting right over here, Senator Ellis, just as your mom and dad are sitting over there with you right now. It was very impressive in these great halls of the Texas Capitol to raise your right hand and get sworn in. After it was all over, probably like just your mom and dad would tell you, my dad said, in Spanish first, he said, "Mi'jo esta bueno que seas senador. No mas no antes creyendo que eres mas grande de otros." He said, "Son, I'm Monday, May 31, 1999SENATE JOURNAL 4233 glad you're President Pro Tempore of the Texas Senate. Just don't go thinking that you're better than anybody else." I know you won't because I know your heart and I've known your deeds. So, I second the nomination. Mr. President, thank you. Senator Wentworth: Thank you Mr. President. It's my pleasure and honor to second the nomination of Senator Zaffirini to name our friend, Senator Ellis, President Pro Tempore of the Texas Senate. He's my Chairman of Jurisprudence, he's my co-author on what's now called the Grant Texas Program. I had to chuckle a little when Senator Zaffirini described him as a man of great character. He is among the biggest characters on the floor of the Texas Senate. A man with a great heart, a sharp wit, somebody that we know is going to have something to say about nearly every issue that comes before the Senate. He's somebody that's greatly respected. He talks a lot, he's a force to be reckoned with. You don't want him against you, if possible; you want him on your side. He has that, I think, very admirable ability of being both an idealist who fights for what he believes in, but at the same time he's a pragmatist and understands that there're certain things we can get done today and certain things we may have to put off to another session. In addition to that, although you may be on an opposite side on a particular issue, nothing is personal with Rodney Ellis. He understands that while we may be opposed on one issue, we're allies on the next issue, and that's absolutely essential to success in this body. It's my pleasure and honor to second the nomination of Senator Ellis to be President Pro Tempore, Mr. President. Senator West: Thank you very much Mr. President. I rise to second the nomination of my friend, Rodney Ellis, as President Pro Tempore of this great Senate. I've served with Rodney for the past four sessions. Now, I want to kind of bring a little perspective to what I'm about to say, for being a state Senator was my first office, never held a political office prior to that. Needless to say, Rodney had served not only with Mickey Leland as an aide, but served on the Houston City Council and had begun his service in the state Senate. I needed to have someone in the Senate that I could kind of turn to and ask different questions on exactly what this Senator thing was all about, that was Judith Zaffirini. I never will forget when we were over in the old Clements building, Senator Zaffirini said, "Senator West, I'm going to let you know when your voice is too deep and you let me know when my voice is too light." And so, we made a bargain to do that. And then there was Senator Ellis, those two or three o'clock calls in the morning. Senator Ellis would be probably in Japan or South Africa and call me and say, "Royce, what are you doing?" Well, Rodney, at two or three o'clock in the morning, I'm sleeping. But then we would proceed to talk about different issues that not only impacted our respective constituencies, but the entire State of Texas. Rodney is somewhat like Steve Ogden. I think it was Teel Bivins that said that Ogden has about 24 ideas in two hours, one of them is good. Well, that's not Ellis' case. Ellis continually thinks about issues and comes up with ideas. I can say that in terms of trying to establish an administration in my office, I turned to Rodney and Rodney showed me exactly how you should set your office up, and some of the things you should and should not be doing in your office. When I look at some of the great contributions that he has made, I don't want to talk about the legislation. I want to talk about exactly what Senator Barrientos beat me to, it's basically giving young people a hand up. In other words, he practices what 4234 76th Legislature — Regular Session 84th Day he preaches. Look at all of the young people that have come through this Senate, not only this Senate but the House, not only the legislative branch of government but the executive branch of government, and also the judicial branch of government that came as a result, or got an opportunity, as a result of an internship established by our friend and colleague, Rodney Ellis. I think that it's very apropos, given where we are in our history, that Rodney Ellis, given all the things that he's done in his life—Mr. Ellis, I can tell you I won't go into the various stories that he's kind of told me, about when he would be out with you in terms of cutting yards and things of that nature, and I won't go into that, but I can tell you that, needless to say, some of the conversations that you had with your son were very impressionable and had an impact on his life in terms of shaping him—I think it's very apropos at this time in our history when we have a Governor that's running for President, we may have a Lieutenant Governor that will be elevated to the office of Governor, that Rodney Ellis sits there in that seat that may very well end up having to call the special election for this very body to name the next Lieutenant Governor of the State of Texas. He will serve as that Lieutenant Governor, or acting Lieutenant Governor basically, during that interim. So, Rodney, I congratulate you on everything that you have done in the past, everything that you're doing today, and the things that I know that you will not only do for your district but for this great state tomorrow. So, Members, I rise also to second the nomination of Rodney Ellis as President Pro Tempore. Senator Nelson: Thank you Mr. President. I do rise to second the nomination. Senator Ellis, I'm sitting here listening to the tribute, and I've always believed that you've been a great Senator, but my opinion of you is even more enhanced after listening to everything that I've heard. It's obvious that over the years you have enhanced your leadership skills. You've certainly enhanced the debate around here and I've noticed that since last interim you've even enhanced your wardrobe with a couple of new suits. So, Senator Ellis, our respect for you as our colleague certainly has been enhanced. We fully support your nomination as our President Pro Tempore. Mr. President, I second the nomination. Senator Whitmire: Thank you Mr. President and Members. I second the nomination of my good friend, Rodney Ellis, and I too will be short, but not that short. I've enjoyed getting to know Rodney even better this session. We've been, obviously, Members, colleagues from Houston. I worked with Rodney when he was on the City Council and when he worked for Mickey. The beauty in this body is you never know when you're going to have a new tie, a new link, an emotion with one of the Members. Rodney and I, just this spring, spent time talking about our families. Rodney, I have particularly enjoyed your sharing about your family, both youngsters, your beautiful new wife with me this spring, and just the intricacies of serving in this body and the family commitments. So, I think, that element of Rodney is not highlighted enough. The commitment and the time he's away from his family, he was distressed, like we all are when we would rather be at a recital for our daughters or a softball game. Rodney has certainly demonstrated to me his commitment to family values. I look forward, Rodney, to me and you and Mario and, of course, Judge Lindsay and the entire Houston delegation getting back home and working closely together. Members, I don't think you have any idea what it's like to be in a delegation of about six energetic Senators. It gives you an opportunity to tackle Monday, May 31, 1999SENATE JOURNAL 4235 some problems in unique ways. It also gives you an opportunity, Rodney, when Mario just calls me out of the blue and says that I'm gonna put you on hold, wait a minute, and he gets Rodney on the phone; I'm just a bystander and these two are disagreeing about whatever it was, I think taxicab permits in the City of Houston or something. You have certainly been an asset helping me work with Mario on some local matters and letting me enjoy your hard work. There's been so many things mentioned that you've been successful in, the hate crimes issue, the internship, I think one that I've got to note is just how hard you work in your district. Members, he routinely has projects within the district dealing with community projects through churches, quite often we'll have probationers out into the neighborhood on work projects. So, the effort back home, Rodney, is certainly noted by those of us who live in Houston. Let me close by saying this—and I think this is probably, in my judgment, the most significant aspect of you being our President Pro Tempore—is the opportunity for you to show young African Americans across this state that they have the opportunity to be a state Senator, that you will have an outstanding Governor for the Day, and I trust you will broadcast it widely. I don't doubt that most Texans will find out about it, probably by a newsletter. But seriously, Rodney and Members, it's such a great honor to be Governor for a Day; you bring your family and friends, it's certainly a celebration. Rodney, yours is going to have special significance and I join you, and if you want my share of newsletters, you've got them. Broadcast it with every African American child. Let every Texan know there is an opportunity for them in the state Senate and that we all hope and desire to live to the day that all Texans can strive to be Governor on a permanent basis. So, I congratulate you, friend, for being an outstanding Senator, and I know you'll do a fine job representing this body as President Pro Tempore. Senator Brown: Thank you Mr. President and Members. I move to second the nomination of my good friend, Rodney Ellis, as President Pro Tempore of the Texas Senate. Senator Ellis and I share the opportunity to represent constituents in Harris County along with the other Members of the delegation. A great deal of my district abuts Senator Ellis' district, so we have lots of common problems and opportunities, both in Harris County and at the Bellaire, West University area and also in Fort Bend County. I'm proud that Senator Ellis, working with us as an example in Fort Bend County, in getting two new district courts for that county, worked with Chairman Thompson, myself, and the delegation down there. I know they're going to be pleased because it is a great need and one that he recognized. I appreciate your interest and your willingness to work on local problems like that. I enjoyed working with you on Jurisprudence as well. Members, Senator Ellis runs a good committee. He hears from all parts, anyone that wants to come and testify he wants them to be there, because everything he does he tries to do in a fair way that's open, that gives everyone a chance. He may not agree with me on all the issues. He goes astray every once in a while, but most of the time we're together on our issues, particularly representing Harris County. I know that, Senator Ellis, if any Members that are here today or people in the gallery did not know you and had never heard about you, they would learn a lot from you today just by the people you're surrounded by, and that's your outstanding family. I know what your family means to you. I know how much you cherish your mom and dad, and I appreciate you for that. I'm happy and proud to second your nomination and call you my friend. 4236 76th Legislature — Regular Session 84th Day

Senator Cain: Thank you very much Mr. President. Mr. President and Members, I too rise to second the nomination of my good friend, Rodney Ellis, as President Pro Tempore Ad Interim for the 76th Legislative Session. It's hard, Members, to described the attributes I've observed as Rodney Ellis' deskmate these last couple of sessions here, but let me try just really briefly. First, we know, I think all of us know, of Rodney Ellis, the clotheshorse. His reputation for sartorial resplendence is legendary, and it's deserved. We know of Rodney Ellis, the international businessman. We've talked about it a little while. He is known from Asia to Europe to South Africa. You better take me the next time, you promise, we're gonna go to South Africa, O.K. Rodney, the gadget man, is also well known if you sit back here. I've watched and I'm amazed that he probably has the best equipped laptop, both here and in his office, of any Member of the Senate. He knows how to use and has the latest in every cellular phone, pager, and other electronic gizmo you can possibly think of, but more important than that the address book or PalmPilot that you've got. You've even learned how to speak its language, whatever language that is. It's truly amazing to those of us both here on the silicon corridor and also deaf row. (I'll quickly add that those on deaf row can't hear some of the things that I can sitting back here with you.) We're truly blown away by it. We also know and we get a chance to see firsthand Rodney Ellis, the family man. The pride that is very evident in your family is well-deserved, and I know from talking to you that that pride goes right back at them. You have many qualities that are going to stand you in good stead as our President Pro Tempore. You have intellect; you have curiosity; you're a quick wit; you have great compassion that everyone's talked about. To me, the most important thing, I think, that you will bring to this position and something that we sorely need, and it's a great gift, is your ability to laugh and inspire laughter. You can laugh at yourself, which is a very hard thing to do, especially for Members of the Senate. You can see humor in all kinds of situations that many of us can't until you point them out to us. But, I think, most important here is that you can defuse many tense situations by seeing the humor and being able to give us a quick quip, something that will start us on the right course. So, I for one, and, I know I speak for everybody else, we all feel very strongly that you're the right person for this. I, Mr. President, would add my name to those who second the nomination of Rodney Ellis for President Pro Tempore. Senator Duncan: Thank you Mr. President and Members. I do, too, rise to second the nomination of my good friend, Rodney Ellis, for President Pro Tempore. Rodney and I have taken journeys down a lot of roads. Sometimes they've been bumpy, sometimes they've been good, but we've always worked well together. I think that in Rodney I have a very good friend, probably one of the best friends I have in the Senate. We've worked on a lot of issues. I always look back and see, what I always call his deskmate, Chairman Thompson. She's over here a lot, and I know they confer a lot on issues that effect the judiciary of this state because they both do a good job of working hard on those issues. Senator Ellis has always been very fair to me and I know other Members of the Senate with regard to the committee that he chairs. He chairs the committee on judiciary and I think, as I served under him, he always gave me and others a fair hearing. Monday, May 31, 1999SENATE JOURNAL 4237

One of these days we're going to be able, I think, Rodney, to change the way we select judges in this state. You and I and Chairman Thompson have worked hard on that issue and will continue to do so. We may be old and crotchety, more older and more crotchety than we are today, but I know that we'll keep working on that, and I appreciate and I enjoy working with you on that issue. I have only one story to tell. Well, my freshman session as a Senator I was really worried about a bill, a judicial selection bill, and Senator Ellis and I were not agreeing on the bill at that time. It was in April and he was threatening to filibuster the bill—in April. Now, most of us know that's not a realistic thing, but I thought he might just be crazy enough to go ahead and try it. But, seriously, on a serious note, when he feels passionate about an issue he really takes that issue on and is a unique and dynamic spokesman for that. I have enjoyed working with you on that. It's with great honor that I second the nomination of Rodney Ellis for President Pro Tempore. Senator Moncrief: Thank you Mr. President. I rise to second the nomination of my good friend and colleague, Rodney Ellis, as President Pro Tempore of this body. As I was trying to decide what to say about Rodney, a quotation by Thomas Jefferson came to mind and I'd like to share it with you. "The ground of liberty is to be gained by inches, and we must be contented to secure what we can get from time to time and eternally press forward for what is yet to get. It takes time to persuade men to do even what is for their own good." Rodney Ellis has the courage to stand up and fight for those things about which he believes passionately. He is persistent. He keeps talking and fighting until he succeeds, even if it's an inch at time. But, Members, most importantly, he does so with wisdom, with dignity, and with a great sense of humor. I'm proud and honored to serve with a man like Rodney Ellis and call him my friend. Another famous man, Winston Churchill, said, "Courage is what it takes to stand up and speak. Courage is also what it takes to sit down and listen." Now, Rodney might have a little bit of difficulty with that part. I rise to join your many friends and colleagues who are so respective of your abilities of which you so generously give this state. I really enjoy serving with you. Thank you Mr. President. Senator Bernsen: Mr. President and Members, I rise at this time to second the nomination of my good friend, Senator Rodney Ellis, for President Pro Tempore of the Senate. It's with honor that I stand here today. It's the first time I've been in this position, but I did want to take the opportunity to express my appreciation for Senator Ellis, who is and has been a friend of mine for a number of years. I've known him for, I guess, about ten years, six of which I served on the transportation commission. When I was elected to this body and became a member of the Harris County/Houston delegation, and got to enjoy the Senators in that delegation, it was my good pleasure and honor to work even closer with Rodney Ellis, the Senator from Houston. He helped me as a freshman because I told everybody during the course of my campaign that I was going to kind of compress my learning curve. What I found with Senator Ellis' help—he said that no, there is no curve, it's straight up, but, rookie, you'll get there. I hope that I haven't let you down, Senator Ellis. I do appreciate from the bottom of my heart the time that you took to work with me, to advise me, and counsel me. I think you're one of those rare individuals that is gifted, with a variety of talents, with an enormous amount of wisdom, character, and integrity, and I think it's balanced with just the 4238 76th Legislature — Regular Session 84th Day right amount of wit. Somebody said earlier that during the course of a heated debate, I have seen you, I've seen the intensity build up to a point where the relief valve has been a word, a comment, that has added humor, injected humor, into a serious situation. It has the ability of relieving the tension that was being presented. I, too, have a quote that I'd like to say, that someone said, and I believe this is very true of Senator Ellis, that success is knowing the difference between cornering people and getting them in your corner. I think that, Senator Ellis, you have many friends in your corner and it's your inclination for building of coalitions that makes you a leader. I think you choose, I have seen from my vantage point, that you choose your battles wisely. You have accepted the few defeats that you have, that I have witnessed, graciously and as graciously as you celebrate your victories. It is my honor and pleasure, Mr. President and Members, to second the nomination of Senator Rodney Ellis for President Pro Tempore. Thank you. Senator Ratliff: Thank you Mr. President, and I do rise to second the nomination. Senator Ellis, you followed me and Senator Bivins into this body by just a few months. We served together almost 10 years now, it's hard to believe that. In all that time, you've advocated for your constituents as well as anybody that I've ever known, those constituents not necessarily being the ones in your district but those constituents that you have statewide. One of the things that I've always admired about you is that even when we disagree, you never did it disagreeably. You're always even-tempered and had that quip, as people have described. I think that makes you even a better advocate for your constituents. You have had that knack of figuring out that you can have much more impact on this body and on this state by being a player in the system than being on the outside throwing, chunking rocks at the system. You've done it extraordinarily well. I often felt when you first came here that you might feel that you were in the shadow of your mentor, Mickey Leland, and maybe Barbara Jordan, but let me say to you, Senator, that you've cast your own shadow. You don't have to be in anybody's shadow. You've done well for the people that you represent, and we're proud of you. I'm glad to second this nomination, Mr. President. Senator Bivins: Thank you Mr. President. Serving in my last day as President Pro Tempore of the Texas Senate, it is an honor and privilege to rise and second the nomination of Rodney Ellis. Rodney, I hope that you'll have a little easier go of it than I did. We had a Governor of Texas that would not leave the state while I served as President Pro Tempore. From the looks of things, I think you may have many more opportunities to serve as Governor for a Day than I did. But, you've got to have the planets aligned and you've got to get both the Governor and the Lieutenant Governor out of the state to be able to do it. I had one opportunity when Lieutenant Governor Perry was in Laredo and was supposed to just walk and step foot over the bridge over into Mexico. And did he do it? No! I never got my opportunity. He claims that he forgot, but I'm sure it was because he wanted to quash my Governor for a Day. No. Senator Zaffirini had made very eloquent literary references to Ralph Waldo Emerson and referred to a mind on fire and a heart on fire. When I thought of you, I thought of a mouth on fire. You have a gift in this Senate of always being there with a quip, always having the right thing to say, but, seriously, you have the gift of humor. It is an incredible weapon that you can use in your very effective advocacy for your district. I only know of one member of the Texas Senate that I've ever seen that could use humor more effectively, or as effectively, Monday, May 31, 1999SENATE JOURNAL 4239

I'll say, and that was Carl Parker. The best thing about the difference between you and Parker is that you don't have the other bad attributes that Parker had. But, you both have that ability to use humor so well. I think what strikes me the most and what affects me the most about you is all the other things that had been acknowledged about your ability to advocate for a host of issues. Senator Cain mentioned your ability to laugh at yourself, and, in doing so, defusing a lot of potentially very tense issues and, in many ways, bringing down the level of political correctness in this body in acknowledging human nature, in acknowledging there's a dark side and that there's a light side of it. You tend to focus on the light side and help all of us do that. In that process, I think you have made the debates that we've had this session, from hate crimes all the way through to taxes, an easier process, one that was with a lot less acrimony, a lot more intelligence, and a lot more light-hearted humor. I think that is the gift that you brought to this body and I'm certain you'll bring to your tenure as President Pro Tempore Ad Interim. So, Mr. President, I too would like to add my name to those who second the nomination of Senator Ellis. Senator Lucio: Thank you Mr. President. I proudly rise as a member of death row, deaf row, and as a Member of this Senate to second the nomination of our good amigo, hermano, Rodney Ellis. I first met Rodney on a Southwest Airlines flight and I was coming in from Harlingen. I had to connect in Houston. I met this fine gentleman, and he told me, of course, who he was. I had heard the name, but I had never met the gentleman. During that brief conversation of 40 minutes, I think, obviously, he gave me his background and I questioned him. I asked him if he ever would be Governor of the great State of Texas at that time. He said, "Of course, I am." Very assertive individual. I'm here to join with my colleagues, Rodney, to tell you that we're extremely proud of what you've done. A lot of wonderful things have happened to us, a lot of important things. One of the funniest things that ever happened to Rodney and I was back in '93, I believe. We were having dinner at some fancy restaurant in Northwest Austin, and I told Rodney, "Wow, there's a great men's store downstairs. I think they're going to be open late tonight, there was a little sign there." Little did I know, and I think Rodney didn't know as well, that it was a secondhand store by the name of Truman's. We went in there and we got some ties and, boy, they had some pretty good stuff. Now, I'm very happy to know, listening to Senator Zaffirini, that you've come a long way with your company making money. I want you to know that I'm still shopping there, Rodney. I'm just happy to be able to join my colleagues, Rodney. I want to let everybody know that one of the things that I see in Rodney is leadership. Rodney is a great leader. A lot of people have a misconception on that very word. People think, Rodney, that leadership is a position, and my definition is action, and you've taken action. Another thing that you've learned through the years—I know you've learned because we talked about it—is that people really don't care how much you know, they want to know how much you care. You have taken action this session and you've shown compassion in what you have done. I want to thank you because I was very moved by what you did, not only for me but for all of us that were supporting the POW bill, adding that to the Hope Scholarship bill that you were carrying, and also the district judges that you were able to help so many of us with. Believe me, I'm gonna tell those new district judges that you did it, in 4240 76th Legislature — Regular Session 84th Day case you practice law down there they'll treat you fairly. That's one word that all of us can add to what has been said here on this floor today. You have been fair, Rodney, and we appreciate that. This session marks another chapter in your life, another chapter that you can add to your book of success that I know that your family's very proud of. I want to congratulate them for being with you here today. I know it means a lot. All of us are family, but most important is your immediate family being with you. Last thing I want to say is that, and I think everyone across the aisle will agree with me, you have been fair; you have worked with us all in a spirit of bipartisanship to be able to achieve the goals that we're looking for for the great people of this great state. Thank you Mr. President. Senator Shapiro: Thank you Mr. President. Members, what is wrong with you? Do you not remember what we went through three years ago? Does anybody remember what this Senator, Senator Rodney Ellis, did to each and everyone one of us? Have we that short a memory that we can't remember? Does anyone remember? The taping, remember the taping? The taping, does anybody remember the taping? We don't have anybody here that's willing to really stand up to tell the truth about Rodney Ellis. We forget and we forgive. I do believe that of all the Senators that are here today, I probably don't go as far back as your friends from Houston go with you, but I do remember you from the days on the City Council. I had a great admiration and respect for you back then as I do for you today. I will tell you that over the years, I have learned an awful lot from you, Senator Ellis, most of which has been an incredible experience for me. Each of us on this floor come from different backgrounds. Each of us has very unique surroundings, and Rodney Ellis is no different than the rest of us. But, I think, probably in your own way, it is your words, it is your way with words that probably gives you a unique perspective and certainly sets you apart from the rest of us. There are lots of people that have talked about your wit. I actually think that your words always paint a picture. It doesn't take me very long to envelop in my mind what you're trying to say and what you're trying to explain to us. I have a great picture of the late bus and getting on the late bus, and what you always believe that represents to you and to the people that you represent. I want you to know that your charm and your wit and your candor are all qualities that I think convey a feeling; that each of us probably get a little pang in our hearts because you express yourself so well. I think it's your ability to sway our hearts and your ability to sway our souls so that we get a logic. We hear the logical part of us that comes out and that makes us understand in our minds what you're really trying to say. I think that each of us probably would like to be more like you and wish we did have those qualities that you bring to this floor. But, I also believe that it would be very difficult, because I believe it is something that you're born with. I think God was very good to you, Rodney Ellis, and gave you those talents and gave you those qualities that I think you so justly deserve. You either got it or you don't. And, Rodney Ellis, you got it. Thank you for all that you've done for us and for the citizens of this great state. Senator Shapleigh: Parliamentary inquiry. Is there any known restraint, legal or otherwise, from a President Pro Tempore of the Senate acting as Governor for a Day from calling a special session? Monday, May 31, 1999SENATE JOURNAL 4241

Rodney, Senator Zaffirini talked about a mind on fire and a heart on fire; I want to talk a little bit about grace under fire. We had a night here in the Texas Senate that was probably the most emotional night I've had in service as a Senator, and I think for many of you it is the same. It was the night of the hate crimes' debate when we went through a long, emotional, gut-wrenching day. Senator Duncan got up and spoke and talked about it, about what he'd been through in his caucus, some of the things that we'd been through in the deliberations that we had and where we ended up. But, none of what we went through could have touched what you went through as a co-sponsor of that bill and someone who had been in that issue for five sessions and put into it what you had in investment. We came out of that caucus, we came out of that eight hours, we didn't have a deal. You were the first to speak, you were the first to set the tone and the first to say what it is to be a Texas Senator. Mr. Ellis, I don't know if you knew the story that he told, but what Rodney told was a story about how he started out working with you in yards around Houston and you'd be doing all the work and getting all the work done and he'd be doing the sales job in the house making sure that the fee for that service was double. Somehow, all of us in the Senate could imagine that happening. But, the point of his story was that we all walk in different shoes and that we all have a different view of things. What he did when he came back here, and we all came back here, was to kind of lower the emotion and put us on a track to making the Senate work as it's always worked for the betterment of Texas and that's grace under fire. Rodney, you took the most difficult day of the session and showed leadership. You showed leadership in an issue and you showed leadership to Texans. I know we're going to be back on that issue. That issue isn't gonna go away. What you showed us, with your unique and talented gifts in speaking and bringing humor to this Texas Senate and telling stories so that others can see themselves in different light, you brought us back to the center where we could then take and work together. I just want to thank you for the lessons I've learned from you this session. You've been a mentor to me in ways that you will never know. When we sat and talked about the tax credit bill with Senator Sibley, you said to make sure that all the people are in this bill, and make sure that when people look up they know that they're represented. I think that was a lesson. I want to thank you for being a mentor in that way. I think we all forget when we're representing the 600,000 people that we go home to report to, we sometimes forget we represent all of Texas. You've been a mentor to me, I want to thank you for that. Senator Armbrister: Thank you Mr. President. Rodney, part of your success in the legislature has been well chronicled here today. One aspect has not been mentioned, you are the master of underestimating. Rodney came to me with a bill and he said, "I just need a hearing, I've only got one witness." Four and one-half hours later. This past interim we were studying the issue of homeowner associations and Rodney called and he said, "I've got a couple of constituents, a couple of constituents that are having a problem; could they come to the hearing?" Three hundred witnesses. Seven and one-half hours of testimony. Of course, the multiple days spent on hate crimes. But, Rodney, in all seriousness, we had several people quote some very famous people. Being elected by your colleagues as President Pro Tempore of the Texas Senate, that makes you a famous person. I'd 4242 76th Legislature — Regular Session 84th Day like to use one of your quotes that you applied to one of our colleagues last session, if you recall. You quoted an African proverb about sometimes it takes a village to raise a child; Rodney Ellis, you are a definite part of this village and any given day, any of us can act like children. You have brought the dialogue concerning redlining and have helped all of us to try to understand that. As was mentioned, you've brought the dialogue and the concern about hate in this state, in differences of the way people look at other people, and for that you will be a definite part of this village in raising all of us in Texas to these issues. There is a line out of the movie, Amistad, that was a movie last year that I have often remembered during this session. If you recall, if any of you saw that movie, if you recall there's a scene there, it's a trial where one of the slaves was accused of murder. Speaking through an interpreter, the line went something like this: that when there is big trouble and I know not where to go, I search back into my own self trying to get in touch with my ancestors because I understand that I am the evidence that they ever existed at all. Rodney, by your character and your dedication to the people of the State of Texas and to this body of which you'll be elected as our President Pro Tempore, your ancestors must have been great as well. Your mom and dad, who are here today, are evidence of that. You know, my parents always used to tell us that we were all reflections of their upbringing. We can tell the character and integrity and honesty by which you were raised and what you have brought, to us, as a gift to us, from your ancestors and parents to the Texas Senate and the people of Texas. I'm proud to second your nomination. Thank you. Senator Fraser: Senator, I also rise to second the nomination for your term as President Pro Tempore. I was thinking a while ago as the House Members came in, that my first time I met you was as a House Member when you came in while I was over there. Now, I've been over here working with you for four years and we've had the opportunity to work together a lot. One of the things that I have the most fun with—it's something that I think your mom and dad, I bet you they've heard, if they heard you lay out a bill—is that he talks a lot about the bill being for the people on the early bus. We do it a lot of times as a point of humor, but I think it's very obvious that those people that are on the early bus recognize very clearly that Senator Ellis is out there every day working on behalf of those hard-working people that do get up every morning and go to work. The thing that I find interesting about your politics is not only are we out there working for the people that are employed in the state but also realizing that they need a job to go to. The fact that you constantly are also looking at the other side and making sure that those employers have a healthy environment to work in. I personally appreciate that and I know that also, as a businessman like you, that part of the responsibility we have is making sure we have a healthy environment that creates job employment for the people of the state. There's been a lot said today about the number of bills, the quantity of bills you carried, but I don't ever remember a session where the quality of bills was any greater than what you carried this time. The fact that you came out of here with a Hope Scholarship with $100 million attached to it to benefit the people that really need it, and then you turned around and you passed the largest sales tax and franchise tax decrease in the history of the state—pretty phenomenal accomplishment for anyone in any legislative session. I guess the thing that I've enjoyed most in this day today is watching your parents Monday, May 31, 1999SENATE JOURNAL 4243 and realizing the pride that they have. Realizing, I would almost bet, I don't know a lot about your past, but I bet they raised you in the church. I bet you in the morning your dad got you, drug you out of bed, and made you go to work with him like my dad did, and taught you work ethic. They sit there with their pride, looking at their son, at what he has accomplished, and what is being bestowed on him today. I'm proud for them because this is a wonderful honor that is being put on you today. But I also see you as a husband, and I watched you this year, and your commitment to your family. I watched you earlier as you held your baby, as you hugged your daughter, and I want to tell you I respect you as a person; I respect you very much as a Senator. You're one of my favorite people in the legislature. You're fun to work with but you do a great job. Thank you for all you do. This term as President Pro Tempore is going to be fun. Thank you. Senator Ogden: Mr. President and Members, I'll be brief. Rodney, I want to take this opportunity to second your nomination as President Pro Tempore. I've heard quotes from Emerson today; I've heard quotes from Jefferson; I've heard African proverbs. I want to quote that great American philosopher, Muhammad Ali, when he said I can float like a butterfly and sting like a bee. And I mean that you can do that too. I mean that in a complimentary way because that is a way to describe your skills as a legislator. When you sting like a bee, it's for a just cause. When I hear phrases like keep hope alive, I think of you. When I jog down Congress Avenue in the morning at six o'clock and I see people getting on the early bus, I think of you. Now, when I'm going through my district and I see people getting on the early tractor, I'll think of you. You are one of the greatest tax cutters in the history of this state. You are. You've cut more taxes than I ever will, Senator. I think you did a wonderful job on the Hope Scholarship program creating new Aggies, and I appreciate that. I admire you very much, Senator. You have one of the greatest minds that I've ever seen. I would like to follow up on what Senator Shapleigh said about the hate crimes bill and how emotional and how divided our Senate was that night. When you got up to speak, I knew we were going to be O.K. as a body and that we would go forward. And I will remember what you said, "All is not well in the wild, wild west and I'll be back." I think we'll get there when you come back. You have a tremendous mind; I admire it every day. I can tell you one other thing, with all your talents, the only time I'm ever concerned about you is when you choose not to use those and you're on that mike and you start to mumble. I'm saying why would a man with this mind and this oratorical skill suddenly start mumbling, and you get my attention. I want to congratulate you; I am proud to vote for you as President Pro Tempore. I would like to close again with that great philosopher, Muhammad Ali, and paraphrase his words, Senator, you truly are one of the greatest. Senator Gallegos: Thank you Mr. President. I bet you didn't think I was going to get up, Rodney. Let me tell you, when I started hearing Senator Zaffirini and started talking about the succession if Governor Bush and Governor Perry are out-of-town, then my first thought was to look through this rule book and see if we can find a point of order on nomination. But, I couldn't find one. I was going to go to Walter and ask him if he can find one for me. And then Florence just painfully reminded me about the tape. Let me tell you what he did, Florence. He called me, he says, "Mario, there's gonna be this show, but don't worry about it. 4244 76th Legislature — Regular Session 84th Day

They got us taped but it's not going to be that bad." Next thing I know it's on nationwide public TV, Florence and I. I just want to tell you that I came here in '95. I would like to think that my constituents voted for me because they wanted to have a voice here, especially in the Hispanic community for the first time ever. But, really, some of them said no, we need you up there to make sure that Rodney straightens up and flies right. I see your family, your mom and dad beside you, and I can tell them that during the interim, Mr. Ellis, please, for the sake of my colleagues, tell him to straighten up and fly right. No, I'm kidding and he knows it. To Licia and your kids, and Senfronia sitting beside you, and I saw Congressman Green here earlier. The good ol' days with Mickey and Craig and Ben and a bunch of us, at least we were able to work together and we still work together. Those were the good days that I think about when I think about Rodney Ellis, having Mickey Leland have to call from Congress and tell you how to vote over on City Council. Those were the good days, and I really still think about those days, Rodney. With you as President Pro Tempore, I had a poem that I was going to read the other night when we were discussing hate crimes, but I think now this is the time that's appropriate. We have multiplied our possessions, but reduced our values. We talk too much, love too seldom, and hate too often. We've learned how to make a living, but not a life. We've added years to life, not life to years. We've been all the way to the moon and back, but we have trouble crossing the street to meet the new neighbor. We've conquered outer space, but not inner space. We've cleaned up the air, but polluted the soul. We've split the atom, but not our prejudice. It is a time when there is much in the show window and nothing in the stockroom. It is a time when technology can bring this letter to you, and a time when you choose either to make a difference or just hit delete. It says here the author is unknown, and I would like to think that the author is Rodney Ellis and Senfronia Thompson. Mr. President, it's an honor and pleasure for me to second the nomination of Rodney Ellis. Senator Truan: Thank you very much Mr. President. I too am very honored to second the nomination of our esteemed colleague, Rodney Ellis, for President Pro Tempore of the Texas Senate. Members, this is the highest honor we can bestow, as you know, on one of our Members. Some of us have had the honor of serving as President Pro Tempore and also as Governor for a Day. The people of District 13, obviously, are very proud to have Senator Ellis as their Senator. I served with Senator Barbara Jordan and with Representative Mickey Leland and let me say, Senator Ellis, they're looking down at you, and all of us, and very proud. There is no doubt that you are an individual that is very gifted, that has not forgotten. Your going to Texas Southern University convinces me even more, and should all of us, that we ought to keep on supporting universities like Texas Southern University that give individuals like Rodney Ellis and others an opportunity to continue their education. You went on to the LBJ school and you also went on to The University of Texas School of Law. You established a firm Monday, May 31, 1999SENATE JOURNAL 4245 foundation in order for you to be able to more adequately represent your constituents and the people of Texas. Your legislation dealing with diverse and varied programs, the historically underutilized businesses (HUBs), voting rights, health care, child care, job training, arts funding, economic development, and the way in which you comported yourself with the hate crimes legislation epitomizes, in my opinion, the finest that the Texas Senate has to offer the people of Texas. We are, indeed, very proud today, Mr. President, to be nominating for President Pro Tempore an outstanding individual who has not forgotten his beginnings and who continues to display among us a very cosmopolitan way of addressing the issues that face our citizens. Without a doubt, Mr. President, it is with great honor that I now move that Rodney Ellis be elected by acclamation as President Pro Tempore of the Texas Senate. On motion of Senator Truan and by unanimous consent, Senator Ellis was elected President Pro Tempore Ad Interim by acclamation. The President declared that the Honorable Rodney Ellis had been duly elected President Pro Tempore Ad Interim of the 76th Legislature by acclamation. The President appointed the following Committee to Escort Senator Ellis and his party to the President's rostrum: Senators Zaffirini, Harris, Barrientos, West, Whitmire, and Wentworth. OATH OF OFFICE ADMINISTERED The President administered the Oath of Office to Senator Ellis as follows: I, Rodney Ellis, do solemnly swear, that I will faithfully execute the duties of the office of President Pro Tempore Ad Interim of the Senate of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and the laws of the United States and of this state, so help me God. ADDRESS BY PRESIDENT PRO TEMPORE Senator Ellis addressed the Senate as follows: Thank you. Thank you. Thank you very much. I'm sure somebody planned this so that it would be five o'clock so that I won't talk long and won't keep you here all day. There are a lot of people that I want to thank. I obviously want to thank my mother and my father, my brother and my sister, my children who are here, but more than anything, I want to thank my wife as well, Licia Green Ellis. You know, this is the first year in the Texas Senate in which I have had a wife, and I hope I have one for the remainder of my tenure in the Texas Senate. Please, give them a round of applause. I have three kids; Nicole is not here. She's fishing today, but I suspect when we do the Governor for a Day routine she will be here. She was about the age of Maria when I first came to the Senate. Betty King, I've been hanging around here a very long time. I started working for the Texas Senate in 1977, my second year at the LBJ school, and Betty King became Secretary of the Senate that year. I'm just so glad that you stayed here to make sure that I tried to stay on the straight and narrow. Members, you have been so kind to me. You said so many 4246 76th Legislature — Regular Session 84th Day

wonderful things, and I enjoyed every single minute of it. I hate that Gregory Luna is not here. The one story I want to tell is that Gregory one-upped me on a joke. We were at a border town having an event. I was very proud of the fact that I represented the Republic of Mexico and used to brag to Lucio and Truan, Mario, some of the Hispanics here, that I represented more Hispanics than anyone in the Texas Senate, and they were not Mexican Americans, they were Mexican citizens. I was giving a little speech there on the border town, trying to impress my client. One of the ambassadors from Mexico was there, and I said look, I have a close relationship with the Republic of Mexico because if my ancestors had not landed in Galveston, if they had landed at a port in Mexico, I would have ended up living there and being a Mexican citizen. You know, Mexico fought against slavery, a number of American slaves made their way to Mexico. I thought I'd done a pretty good job; I was trying to keep the contract. And, Gregory Luna stood up and said that if Senator Ellis had been born in Mexico, he'd be trying to get a green card to get out right now. So, I want Luna to know that I remember that line. But look, I'm sure that Governor Bush will have to be out of the state on a number of occasions, and I know some of you've been researching the laws and you're a little worried. You know that when Governor Clinton became President Clinton and the Lieutenant Governor, Jim Guy Tucker, moved up, the President Pro Tempore of the Senate in Arkansas at that time was an African American Senator. Royce, you remember when both the Governor became President and the Lieutenant Governor was out of the state, the Brother paroled a couple of people. So, I know you've been out doing your research and you know I understand the rules as well, but I want Governor Bush to know that he needs to do what he needs to do in New Hampshire. Rick Perry, you're a strong family man; you need to do what you need to do, take a vacation with your family. Trust me. It's been a great session and I don't know about you all, but I always get depressed when we go home. It takes me about a month or so to go back. I'm glad my wife could hear the nice things you said, because now I gotta go back and face Pampers and all of those wonderful things. Maria was so enlightened, she's still asleep. But, I really miss you all when we're not here; I suspect you do that as well. I don't know what it'll be like to try and take a nap without hearing Tom Haywood on the sofa across the way just snoring. I've always wondered why it is he mumbles when he's on the floor, but when he talks in his sleep you can understand every word he's saying. You know, John Whitmire, imagine having a meal without Whitmire yelling and screaming some profanities over to the side; Mario Gallegos going ballistic in a meeting. It really is an honor and a privilege to serve here in the Texas Senate with every single one of you. I think we all have a good sense of humor. We all know when to take ourselves seriously, and we all know when to laugh at ourselves. Out of all of the political bodies that I've had an opportunity to hang around, whether it's here or in some other part of the world, this Monday, May 31, 1999SENATE JOURNAL 4247

really is a unique institution and one that I respect and revere. And, don't worry, Governor Perry, I won't do anything crazy; people in South Africa and Mexico already think I'm Governor anyway. Thank you and God bless you. MESSAGE FROM THE HOUSE HOUSE CHAMBER Austin, Texas May 31, 1999 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 90, Instructing the enrolling clerk of the senate to make corrections in SB 4. Respectfully, /s/Sharon Carter, Chief Clerk House of Representatives SENATE NOTIFIED A committee from the House of Representatives appeared at the Bar of the Senate and notified the Senate that the House had completed its business and was ready to adjourn sine die. HOUSE CONCURRENT RESOLUTION 320 The President laid before the Senate the following resolution: HCR 320, Instructing the enrolling clerk of the house to make technical corrections in HB 844. ARMBRISTER The resolution was read. On motion of Senator Armbrister and by unanimous consent, the resolution was considered immediately and was adopted by a viva voce vote. HOUSE CONCURRENT RESOLUTION 309 The President laid before the Senate the following resolution: HCR 309, Recognizing the May 31, 1999, dedication of the Medal of Honor Monument in the Texas State Cemetery. TRUAN SIBLEY The resolution was read. 4248 76th Legislature — Regular Session 84th Day

On motion of Senator Sibley and by unanimous consent, the resolution was considered immediately and was adopted by a viva voce vote. SENATE RESOLUTION 1166 Senator Truan offered the following resolution: WHEREAS, The Senate of the State of Texas proudly joins citizens across America in observing our national holiday, Memorial Day, on Monday, May 31, 1999; and WHEREAS, Memorial Day was originally called Decoration Day and was first observed on May 30, 1868, when flowers were placed on the graves of Union and Confederate soldiers; in 1968, Congress designated the last Monday in May as Memorial Day; and WHEREAS, On Memorial Day, we pay homage to those who lost their lives fighting for our nation, for it is due to their courage and sacrifice that today our nation is free and prosperous; and WHEREAS, The promise of freedom was articulated by our Declaration of Independence and made real by the American Revolution, and the promise of democracy was preserved by the hundreds of thousands of Americans who fought and died in World War I, World War II, Korea, Vietnam, and the Persian Gulf; and WHEREAS, The men and women who died for our country gave their lives to safeguard our future, and Memorial Day is an opportunity for American citizens to pay tribute to them for their heroism; and WHEREAS, This special day is also an opportunity for Americans everywhere to express their heartfelt gratitude to the United States veterans, both living and dead, for the valor and dedication they have shown on behalf of our beloved country; today, there are more than two million veterans living in Texas, the second largest community of veterans in the nation; and WHEREAS, Proud of being Americans and ever mindful of the duties and responsibilities inherent in good citizenship, the men and women of our armed services deserve praise for their loyal defense of our country and its ideals; and WHEREAS, Those who died for their country have left behind legacies of courage and devotion for generations of American citizens and memories that will be treasured forever in the hearts and minds of all who knew them; and WHEREAS, It is a grateful nation today that reflects upon our American heritage and recognizes the extreme sacrifices made by all who serve in the armed forces; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 76th Legislature, hereby express appreciation to all the brave men and women who have served our country and honor the memory of those who died on its behalf; and, be it further RESOLVED, That a copy of this Resolution be prepared in honor of all who died in an effort to protect their families and our great nation. The resolution was read. On motion of Senator Brown and by unanimous consent, the names of the Lieutenant Governor and Senators were added to the resolution as signers thereof. On motion of Senator Truan, the resolution was adopted by a viva voce vote. Monday, May 31, 1999SENATE JOURNAL 4249

BILLS SIGNED The President announced the signing of the following enrolled bills in the presence of the Senate after the captions had been read: HB 801, HB 3014. GIFTS PRESENTED Senator Barrientos and Senator Brown, on behalf of the Senate, presented the Secretary of the Senate, Betty King, with a bouquet of red roses and a bouquet of yellow roses in appreciation of her 50 years of service to the Texas Senate. On motion of Senator Truan and by unanimous consent, the following remarks were ordered reduced to writing and printed in the Senate Journal: Senator Brown: Thank you Mr. President and Members. Each one of us, as we work hard in this body and try to do the things that are right for our district and right for the people of Texas, we take a lot of pride in our successes and we, as I think some were talking about Rodney, send out newsletters to describe what we do here. And, I know that every Member is proud of themselves, their family, their staff. When you examine what really helps us to be able to get our job done, there are so many people that make it happen and that without them we would not be able to get our job done. When Senator Ellis was up making his remarks a while ago, he made mention of one particular person and that's the Secretary of the Senate, Betty King. You know, every day when we serve in this session, there's probably not a day that goes by that each one of us do not go to Betty King, Secretary of the Senate, and ask her to do something that will help make our day better, help make our legislation work better, help get our voting record better than it should be. I know, in my case, when I'm not on the floor and I have left instructions for her, I end up voting better than I would have voted had I been there, because she does know each of us in a personal way. Her description listed with the Secretary of the Senate describes her job as supervising the elected officers of the Senate and controlling and coordinating the operation of the central staff. You know, if they give out sainthood awards, one of those should be given to Betty King for the work that she does. When I asked my staff to make a few notes for me, there was a typographical error at the top of the page. They put a "d" instead of a "g" and it said "Mrs. Kind"; some things are poetic, some accidents are poetic. Betty King is kind and able to work with 31 egos—well, excuse me, 30 egos—in this Texas Senate and able to get along with everybody in here. You know, Senator Zaffirini, there was some mention made during the session of a record of longest number of votes in succession. I know Betty King holds the record of the longest, successive good mood of anybody in the Capitol, because we don't find her in a bad mood. In spite of everything that happens, she's able to come with a smile, stand during the whole time that we're in session, and keep this place going, and keep the roll call. A lot of people refer to her as Mom, because she answers their questions and figures it out. I know when I came here, Mr. President, the first time I got elected, I walked into her office and said, "Mrs. King, I was told to come see you, that you could help me figure out how to be a Senator." She said, "Well, let me just give you one word of advice," and I've never forgotten it. She said, "Now that you're elected, you've never been cuter and your jokes have never been funnier." I remember that, and I remember that it helps me to know that there is somebody like that there who will keep me in my place when I need to be in my place. 4250 76th Legislature — Regular Session 84th Day

So, Betty, I know that the National Conference of State Legislatures throughout this country recognize how fortunate we are to have someone of your stature working for us by having put you in a leadership position, not just in Texas but for this nation. While we all have a variety of successes during the session, I want you to know that the feelings that I have, and I know I share the same as the rest of the Members, we consider you as part of our family. We love you. We thank you for all you do for us and thank you for being there when we need you. Senator Barrientos: Senator Brown, you could not have been more eloquent. Betty King, we know you, but I think that the whole world needs to know a Betty King. And, of course, you're unique, there is no other Betty King in the world, never has been and never will again. We just wanted on this sine die to say thank you, we love you. Members, gallery, and the whole world, when you think about our Secretary of the Senate, all these words come up: lovely, sweetest, an angel, sensitive, compassionate, kind, and so many other good things. Also one other word, Members: strongwoman. I asked Senator Zaffirini for a little assistance in what very special words I could say to you. Shall I paraphrase from Maya Angelou? Ships? Of course she'll sail them. Show her the boat, if it'll float, she'll sail it. Men? Yes, she'll love them. If they have the style to make her smile, she'll love them. Life? Sure, she'll live it. Let her have the breath, just to her death, and she'll live it. Failure? She's not ashamed to tell it. She never learned to spell it, not failure. We love you, Betty. Senator Moncrief: Thank you Mr. President. Members, I know today has been a long one for all of us; we've heard a lot of speeches, a lot of comments, certainly, with the responsibilities that we have today and the formalities. But, it's nice to take just a moment and thank someone that has been very special, I think, to each and every one of us in their own way. There's not a one of us, Members, that haven't been to sit down across from Betty at her desk and share some kind of frustration; whether it was losing a bill; whether it was being mad at another Senator; whether it's being disappointed in the whole process; and she has this calming effect. She's very much a friend to each one of us. Elizabeth Ross once wrote that people are like stained glass windows; they sparkle and shine when the sun is out; but when the darkness sets in, their true beauty is revealed only if there is light from within. In Betty's case, that is certainly true. When we find ourselves in our darkest hour, Mr. President, when there is frustration and tensions are high, there is a level calm with Betty King; there always has been. I shudder to think what this Chamber would be like without her presence, because she has always been so much a part of everything that has taken place. She has watched the face of Texas change every session. Betty, I thank you. I thank you for the advice and the counsel that you have offered me beginning from the first day I walked into your office. I asked you what the most important thing I needed to do as a Senator was, and you said to hire good staff. Remember that? You directed me to Dr. Gina Martin, who is my chief of staff now and has been for ten years. That was a good call, and it's made a tremendous difference in the service I've been able to provide my constituents. For them I thank you. For me I thank you. You're a tremendous friend. Thank you Mr. President. Monday, May 31, 1999SENATE JOURNAL 4251

Senator Haywood: Betty, I just wanted to say thank you for putting the effort into learning my voting pattern. I never worried about being out during a vote because you always knew my vote and often better than I knew it. You're a great lady, Betty. The Senate would not be the same without you. Thanks for all that you do for us. I do appreciate it. Senator Zaffirini: Thank you Mr. President. Mr. President and Members, it seems almost redundant to say that Betty King is dignity, and grace, and intelligence, and strength personified. What I want to add, Betty, is that the beautiful poem by Maya Angelou, "Phenomenal Woman"; that's you. Thank you. Senator Ellis: Mr. President, I just wanted to announce that Betty is not retiring; she is not going anywhere. So, Members, staff, don't think that because we're saying wonderful things about her we think she's leaving. Mrs. King, I appreciate what you do in terms of voting for me. Some of the best votes I've cast on the floor of the Senate have been because you cast the vote. From time to time when I've had to go over to work bills on the House side and I've said to leave my votes with Whitmire or West or Barrientos, in particular, I'm glad you had the good sense to vote me with Ratliff or Sibley or Cain or somebody else. It's because of your leadership in that regard, I suspect I will get reelected. Thank you very much and I love you. Senator Ratliff: Now, Members, I'm going to have to correct you here. Everybody is talking about Betty as even-tempered and always sunshine. I have seen Betty King agitated. She can get agitated. When she gets agitated it's because somebody, either in this body or outside of this body, has done something to cast some light on this Senate that is less than she would want it to be. She can defend us like no one you've ever seen. What makes Betty King Betty King is because she loves the institution of the Senate more than anything in the world. She has had two lifelong loves—a guy named Bill King and this Texas Senate, this institution, and for that we're all grateful to you, Betty. Senator Shapiro: Thank you Mr. President. Senator Carona recognized yesterday that there was a wonderful article about Betty King in the Dallas Morning News. For those of you that didn't see it, I just want to give you a couple of words that come out of this article to remind you what Betty King is all about. She's Myrna Loy. She's Grace Kelly. She's a friend. She's a Mother Confessor of the Senate. She's legendary. She's a gracious lady. And of all of these things combined in this one sheet, I guess the mark that I think is the most important is where they say that she has a hallmark. To each of us that hallmark represents something different. To me, it represents elegance. Betty King, under every and all circumstances, represents the hallmark of elegance. For that we appreciate you. For that we thank you for always being there for us and for elegantly setting as an example for us the way we ought to behave. Thank you. Senator Sibley: Thank you Mr. President. I'd like to enlarge on what Senator Ratliff said. When somebody takes out after anybody, any Member of this body, or this body as a whole, there is no mother bear anywhere that defends the cub quite like Betty King. The integrity of this system rests on your shoulders; we know that. Your honesty is just unquestioned; I've never heard anybody say anything about that at all. The trustworthiness amazes me. I have never heard 4252 76th Legislature — Regular Session 84th Day

Betty King repeat a piece of gossip about any Member, and that includes those who are gone. She won't even tell us all those good stories about when the giants walked the Earth, and so I think everybody here feels comfortable to be able to ask questions of you and to confide in you. I appreciate your help with staff. I know that from time to time you'll take a staffer aside, put your arm around them, and they almost always speak highly of that, and it's very helpful. So let me say thank you; thank you for the many years of service to this Senate, to this body, and I'm so glad that God sent you our way. Senator Harris: Betty, with this being the third term that I've been relegated to the punishment of the Administration Committee, you're the only bright ray of light within that. You're the one that helps make sure that this ship will stay adequately afloat. Members, you say you appreciate this lady. You have no idea how much this lady really does for you and how much she really protects you, until you sit back there day after day with her and go through the process that takes place on determining a lot of things. Members, there is no way we can ever thank her for her protective nature to us. Betty, thank you. Senator Bernsen: Mr. President and Members, I have a different perspective. I stand here on behalf of the freshman caucus; we've been meeting the entire session and putting out position papers and holding meetings and elections. I want to tell you, you all talk about the many years with her; I've known her, met her, I think, it was in January, but I'd heard about her, certainly. It was just incredible the comments that were made regarding her. I have to tell you from personal experience, she was one of the first persons who called me upon my election and said if you need anything, if I can help you in any way, please come see me. And I did, time and time and time again. And this is speaking from somebody who a few months ago didn't know where all the restrooms were and certainly didn't know where to find things. I want to tell you from the bottom of my heart that I appreciate your kindness, your helpfulness, and your patience with me and my staff, because it certainly enabled me to begin the session running and hopefully not to stumble too bad during the course of the session. You're a godsend to me and my staff and my family, and I just want to tell you thank you and God bless you. Thank you. Senator Lucio: Thank you, Mr President. I join my colleagues, Betty, in thanking you for being so gracious and so wonderful to all of us. It's just a human thing to be appreciated, and you feel good when you're appreciated. I want you to feel real, real good, because you're appreciated not only by the Texas Senators but by the staff and everyone else that respects you so much. That's one of the things I want to leave with you. You have inspired all of us, including the staff. I've never heard so many nice things said about any one person ever, as I've heard my staff talk about you. You know my favorite color of rose is yellow because yellow represents Texas, and to me you are the Yellow Rose of Texas. Senator Wentworth: Thank you Mr. Chairman. I first met Betty King in a casino in Las Vegas in 1988. It was the annual meeting of the National Conference of State Legislatures, and I was a freshman state Representative. I'd never been to one of these meetings before. I flew out on an airplane; I checked into my hotel; I got up early the next morning; I took the little shuttle over to the casino hotel Monday, May 31, 1999SENATE JOURNAL 4253 where we were having this meeting; and they had Texas' reserved rows, there were three rows reserved for Texas. There was no one sitting on the third row. There was actually no one sitting on the second row. Senator Grant Jones and Betty King were sitting on the first row. So, I very quietly slipped in and sat right behind them, had my little program. I looked at my program and I realized Grant Jones was on the National Executive Committee of the National Conference of State Legislatures, Betty King was the National Chairman of the Staff of the National Conference of State Legislatures. I didn't fit in either of those categories; I decided I wasn't where I was supposed to be. So, I tapped Betty on the shoulder, introduced myself, told her I was going to get on the bus and go back to the hotel and find out where my colleagues were. And I found them. Let me say that, in my experience with Mrs. King, I had to sit here yesterday and shake my head. We had a Conference Committee Report. Now mind you, there are 30 of us, 31 including Gregory. We're doing these Conference Committee Reports, and Betty remembered that I was supposed to vote present-not voting on one of those Conference Committee Reports that I didn't remember, because I had a conflict. My law firm represents a party in that thing, and she looked over at me with all of us out here and said, "Aren't you a three?" I was, and I'm grateful to her for that. She is absolutely the soul of discretion and enjoys the absolute trust of every single Member of this body. We love you, and we can't say it enough or more meaningfully. Senator Ogden: Mr. President, Members, one of the things that's interesting about people is there's too many people in this world that treat the powerful and the powerless differently. I think one of the marks of a great human being is when they treat everyone the same, and Betty King is in my category of great human beings. I know this because my staff raves about Betty King, just as I can rave about Betty King. They tell me frequently about all of the good things that she did to help them do their jobs. She treats everyone, everyone, the mighty and the not so mighty, with the same courtesy and respect, and is truly one of the most gracious ladies that I have ever known. Senator Shapleigh: Thank you Mr. President. I was reading the clips the other day and there was a little story in there about Senator Moore and his passing and a funeral. Betty King, true to form, suggested at that funeral that there be a ceremony here in the Capitol for Senator Moore. There she was again, protecting a Texas Senator. I guess, Betty and Senator Moore came to the Capitol at the same time, in 1949, same year. Senator Bivins, earlier in this session, talked about the great political leaders of the State of Texas, the giants of our time. I think he mentioned Lyndon Johnson and ended with Bob Bullock. I think the greatest political leader in Texas in the last 25 years has been Betty King, because who else could take all the egos, all the jostling, and all the people that come into this Texas Senate and balance that, and have each one of them think that they are the greatest person that she's ever met. Senator Ogden mentioned something about a great person and a quality of a great person, that is, the idea of whether you're high or low, you mean something in their eyes. I suspect whether you're the Governor of the State of Texas or a messenger, in Betty King's office you're the same. I think that's one of the characteristics of Betty King that makes her the person that we all respect and admire so much. Senator Bernsen, I don't know, 4254 76th Legislature — Regular Session 84th Day it seemed just six months ago that you came in here and Betty King made you think you were the greatest Senator of all time. She showed you the location of the bathroom and the computer, the square footage of your office, how you were going to select on your office chart, and where you were in seniority. Well, there's probably been 70 Senators in that same position since the time that she first came to this Senate. I just want to close by saying, Betty King, you are a most unusual and wonderful person, and you've made our time in this Texas Senate a very special time for all of us. Thank you. Senator Gallegos: Thank you Mr. President. You know, earlier this session we honored Governor Bullock as a Texas icon. I think that we have an icon here in Betty King. She is certainly a Texas treasure. I remember my first session, Senator Bernsen, basically the same situation you were, and Senator Jackson, a lot of others. She taught me the way here. I remember there was an issue and I was in Houston and calling my staff. My staff said, "We'll call Governor Bullock's office, he'll know." I said, "No, call Betty King; she always knows." All of you got a fire chief's helmet that I gave y'all. I gave one also to Betty and to Walter, because I felt they are a part of this body. But then after I gave it to Betty, I thought to myself I should have given her a bigger helmet, because anybody that takes up with Chris Harris having to go in there and smoke needs a bigger fire helmet. So, Betty, I'll get you a bigger one for when Harris goes in there and does his daily smoke. We appreciate you. Thank you. Senator Bivins: Thank you Mr. President, Members. I want to echo all the comments that my colleagues have made about Mrs. King. The lady in Texas that I respect above all others is my mom, and, Betty King, you remind me a great deal of my mom. You are as elegant and gracious and kind as anybody I know. What I want to add to this cornucopia of compliments is a compliment to your staff. Senator Shapleigh talked about grace under fire a little earlier. When we hit the crunch time about the first part of this month, really, in getting all the legislation moved out of here under our new rules, the work that you and your office had to go through in keeping all this stuff straight is just mind-boggling. I think that you are certainly at the helm and are a master at this. You've gathered around you some great staff, and it makes all of us look good. So, thank you for your service to us. Senator Whitmire: Mr. President and Members. Members, what y'all have just done in praising Betty is made the best argument I've ever heard against term limitations. Wouldn't it have been a shame if the staff and someone of Betty's capabilities was term-limited under, what was your bill, Senator Bivins, twelve years? Not only would that have prevented her from her years of service, but I'm of the opinion the best is yet to come. I could really do a personal spiel on Betty pulling me out of a fire about four or five years ago. We've all had our personal ups and downs, but when the press decides they want to get you and you have some opponents who want to get you, to have the steady hand of Betty King calling and saying that such and such is pulling your records again; she just gets you through that storm. We've all had the opportunity to work with her, not only in our official capacities but in our family and personal matters. She is just certainly a lighthouse in the storm. In fact, I really believe, Betty, I don't want you in the museum that we're going to open, but I'm very serious and sincere in Monday, May 31, 1999SENATE JOURNAL 4255 that you need a role in that museum. Betty has been here since when Barbara Jordan came after women had not served in the Senate for probably a hundred years. She had the good sense to help provide additional facilities for women's restrooms. She has served us through this era of bipartisanship. It's amazing to me—and some of us have talked about it in the last day or two, I guess probably with Bill Moore's passing—how Senators come and go. There have been some powerhouses through here, and I would suggest there have been some pretty significant Lieutenant Governors through here. But isn't it amazing how steady the function of the Senate is? Betty, we couldn't do it without you. I'm certain the Lieutenant Governor and each and every one of us recognizes that Senators and Lieutenant Governors will come and go, but you're the strength that makes this place the great institution that it is. I want to personally thank you on behalf of all of us, the people of Texas, but the Whitmire family in particular. For you to have helped me be a better Senator and learn from experiences, I will always hold you in very high esteem. Thank you. Senator Lindsay: Thank you Mr. President. I saw Betty in the hall a little while ago and I said that when all these people start talking and saying good things about you, I probably won't get up and say very much because they will have already said it. They will have said it for me because these are quite a group of people that we have here that do a fantastic job of explaining everything that's going on. But there's one thing above and beyond that hasn't been commented on at all today. A little background on this before I say exactly what it is. You know, I do a lot of bird hunting and I go out in the field—a lot of shooting going on and banging going on and come back, and I always put in ear plugs. I've got some good friends that have pretty well gone deaf because they've been out there in that shooting going on all the time. I just have to admire Betty King because she can stand in front of that podium where that banging's going on with that hammer, and I know she's not wearing any ear plugs. She still does a fantastic job, and I just have to take my hat off to her. Thank you Betty. Senator Cain: Thank you Mr. President. Betty King, there have been many eloquent things said about you today and I don't want to be redundant at all, so I'm just going to make this personal, just make it three quick things. First, I want to thank you for recognizing me and having time for me and working with me even when I was a lowly House Member. I want to thank you for looking after my wife when she worked in this body before she married me. And, thirdly, I would like to give you my heartfelt thanks for being the personification of what is good and honorable in this Texas Senate that you so dearly love. Senator West: Thank you very much Mr. President. Betty, I could say what everyone else has said. I'm just going to adopt that, and I'm going to make it personal also, and just say publicly thank you. Senator Fraser: I would like to do the same thing. I don't know how many Lieutenant Governors you have worked for in the past, but I know when Governor Perry came in one of the first questions he asked everyone was suggestions about the way the Senate would run. I think he got 31 different Members saying, whatever you do, keep Mrs. King. I know you've made that transition a lot easier. I'll follow Senator West in just thanking you for all you do for the Senate and the State of Texas. 4256 76th Legislature — Regular Session 84th Day

Senator Truan: Thank you very much Mr. President. Like the other Members, I am very proud to have this opportunity also to tell you, Betty, how grateful I am for the help that you have given me over the past 23 years that I've been here in the Senate. Members, when I first came to the Senate, I was not welcomed with open arms because I had defeated one of the boys. At that time we didn't have legislation passed like we've been able to pass in the last few years. I had a difficult time thinking about my own legislation when I found out that we needed a two-thirds vote to bring up a bill. I came to Betty and I was kind of crying on her shoulder. How was I going to pass legislation when I needed to have 21 votes with the kind of legislation that I was introducing at that time? And Betty, in a very nice way, said, "Senator, everybody else needs a two-thirds vote also." That was so reassuring to me because, Betty, with all due respect to your friendship with Bill Moore, I was persona non grata in his book. He used to sit right there and there were some times when we went after each other like nobody's business. I'm not going to repeat, like I did to some other people, what was said on the floor. But, let me say to you, during all this time there was never a single time that I felt I couldn't come to you and ask you how to get things done. I agree totally with everything that has been said here. You are a part of this institution and we are so proud to have you. And, Mr. President, let me recommend that as long as you are President of the Senate, let there be no doubt that you have a tremendous ally in Betty King as Secretary of the Senate. Thank you. Lieutenant Governor Perry: Members, let me introduce, I suppose, the only person in this body that hasn't given a speech today. It's a great honor for me to introduce to this gallery and to the podium the Secretary of the Texas Senate, Mrs. Betty King. ADDRESS BY SECRETARY OF THE SENATE The Secretary of the Senate, Betty King, addressed the Senate as follows: In 22 years I've never spoken my own words from this podium. I asked Governor Perry for permission because I always read what he hands me and now I get to say it; let's see how I do. I want to thank all of you so much for what you've said here today, but I also want to take this opportunity to recognize the people who do the work. So, starting on my right, the media people, Kathy Staat and her staff, you all stand up. You all know of their creativity and great ability, so I don't need to say much more about them. The Journal Clerks, Dianne Arrington, Linda Hopkins, they keep your record and have it there for you every morning, which means that they're here many nights into the night, and we're very grateful to them. And these two ladies over here, Pat Rodgers and Linda Tubbs, are pretty remarkable. Out of the 3,190 bills that were brought to your attention here in the Senate, House and Senate bills, they shepherded them all through the process. They handled your amendments; they handled your Conference Committee Reports; they handled all your resolutions; and to my knowledge they never lost one. I think that's pretty remarkable. And these ladies I've watched the last nights, the last few weeks, they've been here past midnight every night getting the agenda ready and doing all the things that are necessary. They are wonderful. Tim here and Monday, May 31, 1999SENATE JOURNAL 4257

Carter who did such good things for us. They learned the process well and were energetic and always willing. Tracy Ortiz, over here, kept your board alive for you. Jerry Sander is the Bill Clerk. The Legislative Council people who have been on the floor with us and who have kept your computers running and my computer running, which is pretty essential. Patsy Spaw was up here earlier, and I'm sorry she's not here now because you all know what remarkable work the people in Engrossing and Enrolling do. There were 669 enrolled bills. Here she is in the back, and you see that stack of bills that are waiting to be signed, Governor Perry. There were 669 enrolled bills this session, a record for the Senate of enrolled bills. I can't even count the number of engrossed bills. I have the figure somewhere but I didn't pull it out. The research department who worked long and hard taking care of the 2,375 bills which you all heard in your committees this session. They had to do bill analyses on all those bills at every stage. So, they too put in many hours for you. And then the people that you don't see every day, Support Services, Staff Services, Payroll, Personnel, the Sergeants, you all see Carleton every day, but the Assistant Sergeants who work into the night being sure your bill books are prepared. If you saw that committee room downstairs, the stacks of paper that they have to deal with, they are really wonderful people. All of your staff, I want you to please give them a standing ovation. And, I won't be able to go back to my office if I don't mention Vicki Goff, Becki Gregg, our Committee Coordinator, and David Holmes, who fields your questions, who do all the good work for you. Thank you on behalf of them for all you do for us. Thank you. GIFT PRESENTED Senator Shapiro was recognized and, on behalf of the Senators, made a presentation to the Secretary of the Senate. VIDEOTAPE RELEASE POLICY WAIVED On motion of Senator Truan and by unanimous consent, the Senate policy which governs the release of videotapes of the Senate proceedings, was waived in order to grant the request of any individual for a videotape of this day's session. ANNIVERSARY ACKNOWLEDGED The President announced to the Senate that today is the 41st wedding anniversary of Senator and Judge Lindsay. The Senate extended its congratulations. GIFTS PRESENTED Senator Bivins was recognized and, on behalf of the Senators, made presentations to Jimmie Gooden and Charles "Slick" Neale, Senate Porters. Senator Harris was recognized and, on behalf of the Senators, made a presentation to Carleton Turner, Sergeant-at-Arms of the Senate. 4258 76th Legislature — Regular Session 84th Day

BIRTHDAY GREETINGS EXTENDED Senator Lucio was recognized and announced to the Senate that today was Jill Brown's birthday, wife of Senator Brown. The Senate extended its congratulations. APPRECIATION EXTENDED Senator Whitmire was recognized and, on behalf of the Senate, extended appreciation to Denise Haywood, daughter of Senator Haywood, for her commitment, dedication, and support to her father during this legislative session. Senator Brown, joined by Senator Ratliff, on behalf of the Republican caucus, was recognized and expressed appreciation to the Lieutenant Governor for his leadership in this 76th Legislative Session. Senator Barrientos, on behalf of the Democratic caucus, expressed appreciation to the Lieutenant Governor for his leadership in this 76th Legislative Session. MOTION IN WRITING Senator Truan offered the following Motion In Writing: Mr. President: I move that the President be authorized to appoint a committee of five (5) Members to notify the Governor and the House of Representatives that the Senate had completed its labors and is ready to adjourn sine die. TRUAN The Motion In Writing was read and was adopted by a viva voce vote. The President appointed the following Committee to Notify the Governor: Senators Ratliff, Bivins, Duncan, West, and Lucio. The President appointed the following Committee to Notify the House of Representatives: Senators Barrientos, Gallegos, Ogden, Carona, and Wentworth. MOTION TO ADJOURN SINE DIE On motion of Senator Truan, the Senate of the 76th Legislature, Regular Session, at 6:18 p.m. agreed to adjourn sine die, in memory of Michael J. De Marco of San Antonio, subject to the completion of administrative duties. BILLS AND RESOLUTIONS SIGNED The President announced the signing of the following enrolled bills and resolutions in the presence of the Senate after the captions had been read: SB 4, SB 8, SB 50, SB 86, SB 89, SB 103, SB 104, SB 138, SB 178, SB 358, SB 365, SB 370, SB 441, SB 558, SB 560, SB 655, SB 694, SB 766, SB 840, SB 913, SB 956, SB 957, SB 1128, SB 1230, SB 1438, SB 1520, SB 1525, SB 1615, SB 1703, SCR 62, SCR 88, SCR 90, SJR 12, HCR 276, HCR 307, HCR 309, HCR 313, HCR 316, HCR 318, HCR 319, HCR 320, HB 844, HB 1498, HB 2022, HB 3211, HB 3457. Monday, May 31, 1999SENATE JOURNAL 4259

MEMORIAL RESOLUTIONS SR 1198 - by Barrientos, Shapleigh: In memory of Frank Bryan Cook of Austin. HCR 276 - (Harris): In memory of William D. Morgan. CONGRATULATORY RESOLUTIONS SR 1199 - by Lucio: Congratulating Joe and Lilliana Garcia. SR 1200 - by Lucio: Congratulating Luis and Consuelo Lucio of Brownsville. SR 1201 - by Ogden: Congratulating the Agape Christian Center of the Bryan/College Station community. SR 1202 - by Lindsay: Congratulating Justin Smith of Houston. SR 1203 - by Lindsay: Congratulating Clayton Sevy of Spring. SR 1204 - by Lindsay: Congratulating Andrew Sullivant of Houston. SR 1206 - by Gallegos: Congratulating Mary Jo May and El Centro de Corazon of Houston. SR 1207 - by Gallegos: Congratulating Dominic and Nelly Quinjano and the McDonald's of Galena Park. SR 1208 - by Gallegos: Congratulating Evelyn J. Churchill of Galena Park. SR 1210 - by Gallegos: Congratulating Gary L. Freeman of Galena Park. SR 1211 - by Gallegos: Congratulating MacArthur Elementary School of Galena Park. SR 1212 - by Gallegos: Congratulating Wilbert F. Biggs of Galena Park. SR 1213 - by Gallegos: Congratulating Librada and Antonio Moya of Galena Park. SR 1214 - by Gallegos: Congratulating the Galena Park/Jacinto City Rotary Club. SR 1215 - by Gallegos: Congratulating Richard S. and Gloria Vigil of Houston. SR 1216 - by Gallegos: Congratulating Lillian and Johnny Villarreal of Houston. SR 1217 - by Fraser: Congratulating Charles D. Niemeier of Washington, D.C. SR 1219 - by Barrientos: Congratulating Charles Ferguson Herring of Austin. SR 1220 - by Barrientos: Congratulating the Capital Area Mental Health Center of Austin. SR 1223 - by Moncrief: Congratulating Loren Roberts. SR 1224 - by Whitmire: Congratulating Maria Garcia-Rameau of Houston. 4260 76th Legislature — Regular Session 84th Day

MISCELLANEOUS RESOLUTION SR 1205 - by Gallegos: Recognizing June 1-7, 1999, as National Management Week in Texas. ADJOURNMENT SINE DIE The President announced that the hour for final adjournment of the Regular Session of the 76th Legislature had arrived and, in accordance with a previously adopted motion, declared the Regular Session of the 76th Legislature adjourned sine die, in memory of Michael J. De Marco of San Antonio, at 6:45 p.m.

APPENDIX

SIGNED BY GOVERNOR May 28, 1999 SB 93, SB 114, SB 445 May 29, 1999 SB 94, SB 130, SB 135, SB 174, SB 175, SB 176, SB 417, SB 495, SB 502, SB 601, SB 631, SB 708, SB 746, SB 748, SB 828, SB 843, SB 1019, SB 1154, SB 1229, SB 1276, SB 1289, SB 1352, SB 1666, SB 1719, SB 1797 SENT TO GOVERNOR May 31, 1999 SB 294, SB 469, SB 539, SB 609, SB 639, SB 673, SB 724, SB 773, SB 983, SB 984, SB 1031, SB 1131, SB 1133, SB 1232, SCR 24, SCR 60, SCR 61, SB 496, SB 510, SB 542, SB 581, SB 751, SB 777, SB 932, SB 1775, SB 1804, SB 46, SB 73, SB 223, SB 391, SB 403, SB 456, SB 463, SB 602, SB 669, SB 730, SB 754, SB 839, SB 875, SB 896, SB 955, SB 1088, SB 1100, SB 1122, SB 1165, SB 1169, SB 1171, SB 1195, SB 1238, SB 1249, SB 1287, SB 1288, SB 1435, SB 1436, SB 1451, SB 1579, SB 1651, SB 1724, SB 1784, SB 1896, SB 1906, SCR 33, SCR 56, SCR 58, SCR 68 SIGNED BY GOVERNOR May 31, 1999 SB 1124, SB 1187, SB 1298, SCR 59 SENT TO COMPTROLLER June 1, 1999 SB 4, SB 1438 SENT TO SECRETARY OF STATE June 1, 1999 SJR 10, SJR 12 Monday, May 31, 1999SENATE JOURNAL 4261

SENT TO GOVERNOR June 1, 1999 SB 177, SB 216, SB 287, SB 525, SB 623, SB 624, SB 666, SB 844, SB 873, SB 995, SB 1441, SB 1789, SB 1840, SB 1855, SB 371, SB 374, SB 434, SB 528, SB 576, SB 709, SB 731, SB 824, SB 947, SB 982, SB 996, SB 1026, SB 1106, SB 1127, SB 1130, SB 1207, SB 1237, SB 1423, SB 1468, SB 1563, SB 1569, SB 1595, SB 1650, SB 1866, SB 1911, SCR 6, SCR 18, SCR 44, SCR 79, SCR 87, SCR 89, SB 8, SB 50, SB 86, SB 89, SB 103, SB 104, SB 138, SB 178, SB 358, SB 365, SB 370, SB 441, SB 558, SB 560, SB 655, SB 694, SB 766, SB 840, SB 913, SB 956, SB 957, SB 1128, SB 1230, SB 1520, SB 1525, SB 1615, SB 1703, SCR 62, SCR 88, SCR 90 SIGNED BY GOVERNOR June 3, 1999 SB 441 SENT TO GOVERNOR June 7, 1999 SB 4, SB 1438 SIGNED BY GOVERNOR June 7, 1999 SB 30 June 8, 1999 SB 4, SB 103, SCR 77 June 10, 1999 SB 138, SB 215 June 16, 1999 SB 955 June 17, 1999 SB 1421 June 18, 1999 SB 7, SB 766, SB 19, SB 21, SB 23, SB 60, SB 61, SB 63, SB 76, SB 79, SB 100, SB 107, SB 111, SB 131, SB 133, SB 149, SB 152, SB 153, SB 155, SB 167, SB 171, SB 172, SB 185, SB 192, SB 196, SB 201, SB 203, SB 205, SB 209, SB 230, SB 231, SB 232, SB 260, SB 261, SB 262, SB 296, SB 306, SB 307, SB 310, SB 314, SB 322, SB 333, SB 338, SB 339, SB 352, SB 354, SB 368, SB 376, SB 382, SB 383, SB 405, SB 421, SB 424, SB 429, SB 430, SB 446, SB 450, SB 451, SB 463, SB 479, SB 486, SB 507, SB 518, SB 519, SB 521, SB 530, SB 537, SB 551, SB 557, SB 569, SB 577, SB 578, SB 579, SB 583, SB 603, SB 607, SB 611, SB 616, SB 627, SB 640, SB 641, SB 674, SB 677, SB 681, SB 682, SB 686, SB 707, SB 717, SB 724, SB 734, SB 735, 4262 76th Legislature — Regular Session 84th Day

SB 749, SB 760, SB 775, SB 777, SB 778, SB 779, SB 785, SB 788, SB 792, SB 830, SB 841, SB 845, SB 846, SB 851, SB 862, SB 870, SB 872, SB 874, SB 875, SB 881, SB 890, SB 916, SB 917, SB 926, SB 934, SB 940, SB 953, SB 964, SB 965, SB 967, SB 974, SB 977, SB 983, SB 984, SB 987, SB 187, SB 469, SB 1001, SB 1007, SB 1020, SB 1023, SB 1030, SB 1058, SB 1085, SB 1097, SB 1100, SB 1102, SB 1105, SB 1107, SB 1112, SB 1116, SB 1118, SB 1121, SB 1125, SB 1127, SB 1129, SB 1131, SB 1136, SB 1141, SB 1150, SB 1153, SB 1176, SB 1180, SB 1183, SB 1185, SB 1192, SB 1196, SB 1197, SB 1204, SB 1209, SB 1220, SB 1223, SB 1224, SB 1233, SB 1234, SB 1238, SB 1239, SB 1254, SB 1260, SB 1290, SB 1292, SB 1293, SB 1302, SB 1303, SB 1310, SB 1319, SB 1320, SB 1321, SB 1323, SB 1327, SB 1346, SB 1359, SB 1361, SB 1375, SB 1379, SB 1382, SB 1387, SB 1391, SB 1419, SB 1423, SB 1426, SB 1427, SB 1428, SB 1442, SB 1443, SB 1446, SB 1457, SB 1464, SB 1477, SB 1486, SB 1507, SB 1512, SB 1514, SB 1532, SB 1546, SB 1553, SB 1571, SB 1574, SB 1577, SB 1578, SB 1580, SB 1588, SB 1591, SB 1603, SB 1609, SB 1613, SB 1623, SB 1624, SB 1626, SB 1640, SB 1656, SB 1657, SB 1665, SB 1669, SB 1670, SB 1677, SB 1690, SB 1718, SB 1724, SB 1726 June 19, 1999 SB 154, SB 177, SB 178, SB 210, SB 258, SB 287, SB 294, SB 332, SB 374, SB 403, SB 456, SB 481, SB 483, SB 496, SB 510, SB 539, SB 562, SB 576, SB 609, SB 673, SB 694, SB 730, SB 751, SB 773, SB 824, SB 839, SB 844, SB 848, SB 868, SB 896, SB 913, SB 932, SB 947, SB 957, SB 993, SB 995, SB 1026, SB 1031, SB 1089, SB 1091, SB 1092, SB 1106, SB 1122, SB 1128, SB 1130, SB 1133, SB 1165, SB 1171, SB 1230, SB 1249, SB 1257, SB 1287, SB 1363, SB 1435, SB 1436, SB 1438, SB 1441, SB 1563, SB 1579, SB 1595, SB 1650, SB 1763, SB 1775, SB 1789, SB 1804, SB 1807, SB 1819, SB 1840, SB 1841, SB 1870, SB 8, SB 15, SB 16, SB 17, SB 24, SB 46, SB 50, SB 56, SB 71, SB 73, SB 74, SB 77, SB 81, SB 89, SB 92, SB 99, SB 104, SB 105, SB 132, SB 139, SB 191, SB 199, SB 214, SB 216, SB 223, SB 229, SB 272, SB 315, SB 323, SB 329, SB 335, SB 337, SB 340, SB 358, SB 365, SB 370, SB 371, SB 391, SB 396, SB 399, SB 408, SB 416, SB 420, SB 432, SB 434, SB 435, SB 436, SB 440, SB 476, SB 484, SB 524, SB 525, SB 526, SB 528, SB 529, SB 542, SB 556, SB 558, SB 560, SB 567, SB 570, SB 571, SB 590, SB 602, SB 613, SB 624, SB 639, SB 655, SB 657, SB 658, SB 666, SB 669, SB 688, SB 709, SB 731, SB 753, SB 754, SB 762, SB 781, SB 801, SB 804, SB 805, SB 840, SB 858, SB 867, SB 873, SB 901, SB 928, SB 930, SB 931, SB 939, SB 941, SB 959, SB 982, SB 996, SB 997, SB 1013, SB 1034, SB 1070, SB 1073, SB 1074, SB 1084, SB 1099, SB 1157, SB 1169, SB 1175, SB 1184, SB 1195, SB 1207, SB 1215, SB 1217, SB 1232, SB 1235, SB 1237, SB 1272, SB 1277, SB 1288, SB 1294, SB 1297, SB 1301, SB 1304, SB 1340, SB 1351, SB 1354, SB 1378, 1429, SB 1447, SB 1451, SB 1472, SB 1511, SB 1520, SB 1547, SB 1569, SB 1576, SB 1586, SB 1587, SB 1589, SB 1593, SB 1610, SB 1615, SB 1628, SB 1641, SB 1664, SB 1676, SB 1685, SB 1730, SB 1731, SB 1734, SB 1735, SB 1741, SB 1742, SB 1747, SB 1751, SB 1765, SB 1766, SB 1770, SB 1771, SB 1780, SB 1794, SB 1816, SB 1822, SB 1824, SB 1832, SB 1833, SB 1846, SB 1851, SB 1853, SB 1855, SB 1861, SB 1862, SB 1866, SB 1881, SB 1883, SB 1884, SB 1896, SB 1901, SB 1906, SB 1911, SCR 2, SCR 6, SCR 7, SCR 9, SCR 12, SCR 14, SCR 18, SCR 21, SCR 22, SCR 24, SCR 26, SCR 33, SCR 34, SCR 37, SCR 38, Monday, May 31, 1999SENATE JOURNAL 4263

SCR 40, SCR 42, SCR 44, SCR 52, SCR 58, SCR 60, SCR 61, SCR 62, SCR 66, SCR 68, SCR 71, SCR 72, SCR 74, SCR 75, SCR 79, SCR 82, SCR 83, SCR 86, SCR 87, SCR 88, SCR 89, SCR 90 June 20, 1999 SB 86, SB 581, SB 623, SB 853, SB 1088, SB 1261, SB 1367, SB 1468, SB 1678, SB 1784 VETOED BY GOVERNOR June 20, 1999 SB 247, SB 321, SB 621, SB 956, SB 1434, SB 1525, SB 1703, SCR 56 OFFICIAL MEMORANDUM STATE OF TEXAS OFFICE OF THE GOVERNOR TO ALL TO WHOM THESE PRESENTS SHALL COME: Pursuant to Article IV, Section 14, of the Texas Constitution, I, George W. Bush, Governor of Texas, do hereby disapprove and veto SB 247 because of the following objection: SB 247 proposes a drastic change in the way indigent criminal defendants are assigned counsel. While well-intentioned, the effect of the bill is likely to be neither better representation for indigents nor a more efficient administration of justice. The bill inappropriately takes appointment authority away from judges, who are better able to assess the quality of legal representation, and gives it to county officials. The bill creates the potential for counties to set up a new layer of bureaucracy that could result in increased backlogs and decreased court efficiency. In addition, the bill poses a danger to public safety by requiring a judge to release a defendant if the defendant has not been assigned a lawyer within 20 days of requesting one. IN TESTIMONY WHEREOF, I have hereunto signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 1999. /s/George W. Bush Governor of Texas OFFICIAL MEMORANDUM STATE OF TEXAS OFFICE OF THE GOVERNOR TO ALL TO WHOM THESE PRESENTS SHALL COME: Pursuant to Article IV, Section 14, of the Texas Constitution, I, George W. Bush, Governor of Texas, do hereby disapprove and veto SB 321 because of the following objections: SB 321 would likely result in higher insurance costs for Texas consumers and encourage unnecessary litigation. Current law allows recovery of attorneys' fees when an insurance company has acted deceptively or unfairly. 4264 76th Legislature — Regular Session 84th Day

IN TESTIMONY WHEREOF, I have hereunto signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 1999. /s/George W. Bush Governor of Texas OFFICIAL MEMORANDUM STATE OF TEXAS OFFICE OF THE GOVERNOR TO ALL TO WHOM THESE PRESENTS SHALL COME: Pursuant to Article IV, Section 14, of the Texas Constitution, I, George W. Bush, Governor of Texas, do hereby disapprove and veto SB 621 because of the following objection: SB 621 deprives local citizens of the right to disapprove agreements made with transit authority peace officers under this bill's "meet and confer" provisions. This bill departs from existing "meet and confer" laws. IN TESTIMONY WHEREOF, I have hereunto signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 1999. /s/George W. Bush Governor of Texas OFFICIAL MEMORANDUM STATE OF TEXAS OFFICE OF THE GOVERNOR TO ALL TO WHOM THESE PRESENTS SHALL COME: Pursuant to Article IV, Section 14, of the Texas Constitution, I, George W. Bush, Governor of Texas, do hereby disapprove and veto SB 956 because of the following objections: SB 956 was intended to be a beneficial revision of the Texas insurance agent licensing laws. Late in the session, however, an unrelated amendment was added to the bill that relieves bail bondsmen from any liability on bond forfeitures for one year. This provision jeopardizes public safety by weakening the obligation of bondsmen to ensure criminal defendants appear in court. IN TESTIMONY WHEREOF, I have hereunto signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 1999. /s/George W. Bush Governor of Texas OFFICIAL MEMORANDUM STATE OF TEXAS OFFICE OF THE GOVERNOR TO ALL TO WHOM THESE PRESENTS SHALL COME: Monday, May 31, 1999SENATE JOURNAL 4265

Pursuant to Article IV, Section 14, of the Texas Constitution, I, George W. Bush, Governor of Texas, do hereby disapprove and veto SB 1434 because of the following objection: SB 1434, which addresses the crediting of refunds by the Comptroller against money owed to the state, is unnecessary. The objectives of the bill are more fully addressed in HB 3211, which I have signed into law. IN TESTIMONY WHEREOF, I have hereunto signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 1999. /s/George W. Bush Governor of Texas OFFICIAL MEMORANDUM STATE OF TEXAS OFFICE OF THE GOVERNOR TO ALL TO WHOM THESE PRESENTS SHALL COME: Pursuant to Article IV, Section 14, of the Texas Constitution, I, George W. Bush, Governor of Texas, do hereby disapprove and veto SB 1525 because of the following objections: SB 1525 amends the Licensed Dietician Act to require the licensure of persons who merely give nutritional counseling, inappropriately extending governmental regulatory control to those who simply give advice about good nutrition. IN TESTIMONY WHEREOF, I have hereunto signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 1999. /s/George W. Bush Governor of Texas OFFICIAL MEMORANDUM STATE OF TEXAS OFFICE OF THE GOVERNOR TO ALL TO WHOM THESE PRESENTS SHALL COME: Pursuant to Article IV, Section 14, of the Texas Constitution, I, George W. Bush, Governor of Texas, do hereby disapprove and veto SB 1703 because of the following objections: The goal of SB 1703, to encourage more low income housing, is better accomplished through SB 1287, which I signed into law. IN TESTIMONY WHEREOF, I have hereunto signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 1999. /s/George W. Bush Governor of Texas 4266 76th Legislature — Regular Session 84th Day

OFFICIAL MEMORANDUM STATE OF TEXAS OFFICE OF THE GOVERNOR TO ALL TO WHOM THESE PRESENTS SHALL COME: Pursuant to Article IV, Section 15, of the Texas Constitution, I, George W. Bush, Governor of Texas, do hereby disapprove SCR 56 because of the following objections: SCR 56 directs the Texas Natural Resource Conservation Commission to reduce its role in protecting water quality for development projects on wetlands. This provision could weaken water quality protection and invite additional federal involvement in environmental matters. IN TESTIMONY WHEREOF, I have hereunto signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 1999. /s/George W. Bush Governor of Texas Monday, May 31, 1999SENATE JOURNAL 4267

In Memory of Michael J. De Marco Senator Wentworth offered the following resolution: (Senate Resolution 1222) WHEREAS, The Senate of the State of Texas joins the citizens of San Antonio in mourning the loss of Michael J. De Marco, who died May 20, 1999, at the age of 81; and WHEREAS, Full of great energy and an enthusiasm for life, Mr. De Marco will be forever gratefully remembered for his generosity and love for his fellowman; and WHEREAS, This distinguished World War II veteran served as an independent insurance agent for 50 years and was actively involved in the community; he was a charter and lifetime member of the West Side Lions Club and a member of the Christopher Columbus Italian Society; for 40 years he served as a Director of Westside Bank; and WHEREAS, A devoted fan of the San Antonio Spurs and a season ticket holder, Mr. De Marco was delighted to cheer as his team enjoyed their best season; and WHEREAS, A member of Blessed Sacrament Catholic Church for 35 years, Mr. De Marco was a faithful Christian who lived his faith in his daily life; and WHEREAS, A man of great personal charm and warmth, Mr. De Marco was a loyal friend who enriched the lives of many; and WHEREAS, Of all the characteristics that marked the life of Michael J. De Marco, his loving ways and giving spirit will be cherished by those who knew and loved him; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 76th Legislature, hereby extend sincere condolences to the members of his family: his daughters, Carol Ann Young and Patti Morehouse; and his grandson, Sam Morehouse; 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 Michael J. De Marco. WENTWORTH LUNA 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 and by unanimous consent, the resolution was adopted by a rising vote of the Senate.