Wednesday, March 14, 2001SENATE JOURNAL 699 THIRTY-SIXTH DAY WEDNESDAY, MARCH 14, 2001 PROCEEDINGS The Senate met at 11:00 a.m. pursuant to adjournment and was called to order by the President. The roll was called and the following Senators were present: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, West, Whitmire, Zaffirini, Mr. President. Absent-excused: Wentworth. The President announced that a quorum of the Senate was present. The Reverend John Philip McLarty, First United Methodist Church, Holliday, offered the invocation as follows: O God, our story as Your creation is filled with stories of those who have been called to be leaders. I stand before You this morning, Lord, to lift up this body, these men and women of our state's Senate. I pray that their actions and decisions be guided by Your divine will. I pray for our Governor and Lieutenant Governor and their families. I also pray for these Senators and their families. May they see the purpose of the time they spend doing the work of representing the people. God, I pray especially for my friend Tom Haywood, for his continued strength and for the health of his family. May his example of integrity and faithful service be a guiding model to his colleagues. And, Lord, I pray for the citizens of this great state. Guide us as a people to recognize those leaders who are authentic: men and women who care for Your people and can walk in their footsteps, who suffer in their sorrows and celebrate in their happiness, who share in their dreams and seek to journey with them toward their common destination. And give us all the courage to transform our world, to serve all of Your children, and to bring real glory to 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. LEAVE OF ABSENCE On motion of Senator Carona, Senator Wentworth was granted leave of absence for today on account of important business. 700 77th Legislature — Regular Session 36th Day CO-AUTHORS OF SENATE BILL 6 On motion of Senator Shapiro and by unanimous consent, Senators Cain and Van de Putte will be shown as Co-authors of SB 6. CO-AUTHORS OF SENATE BILL 8 On motion of Senator Cain and by unanimous consent, Senators Shapleigh and Truan will be shown as Co-authors of SB 8. CO-AUTHORS OF SENATE BILL 130 On motion of Senator Cain and by unanimous consent, Senators Bernsen and Ellis will be shown as Co-authors of SB 130. CO-AUTHORS OF SENATE BILL 353 On motion of Senator Ellis and by unanimous consent, Senators Moncrief and Whitmire will be shown as Co-authors of SB 353. CO-AUTHOR OF SENATE BILL 961 On motion of Senator Moncrief and by unanimous consent, Senator Shapiro will be shown as Co-author of SB 961. CO-AUTHOR OF SENATE BILL 962 On motion of Senator Moncrief and by unanimous consent, Senator Shapiro will be shown as Co-author of SB 962. CO-AUTHOR OF SENATE BILL 1096 On motion of Senator Cain and by unanimous consent, Senator Harris will be shown as Co-author of SB 1096. INTRODUCTION OF BILLS AND RESOLUTIONS POSTPONED The President announced that the introduction of bills and resolutions on first reading and rereferrals would be postponed until the end of today's session. BILL SIGNED The President announced the signing of the following enrolled bill in the presence of the Senate after the caption had been read: SB 286. MESSAGE FROM THE HOUSE HOUSE CHAMBER Austin, Texas March 14, 2001 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: Wednesday, March 14, 2001SENATE JOURNAL 701 THE HOUSE HAS PASSED THE FOLLOWING MEASURES: HB 122, Relating to authorizing a municipality to transfer real property to a nonprofit organization to use for public purposes. HB 360, Relating to the abuse of a child. HB 459, Relating to higher education tuition and fee exemptions for children of dead or disabled firefighters or peace officers. HB 969, Relating to local governments that may consider the location of a bidder's principal place of business in awarding contracts. HB 1130, Relating to the exemption of certain educational aides from the payment of tuition and fees at institutions of higher education and to the employment of those aides. HCR 136, Honoring professional golfer Charles Coody of Abilene. Respectfully, /s/Sharon Carter, Chief Clerk House of Representatives MESSAGE FROM THE GOVERNOR The following Message from the Governor was read and was referred to the Committee on Nominations: Austin, Texas March 13, 2001 TO THE SENATE OF THE SEVENTY-SEVENTH LEGISLATURE, REGULAR SESSION: I ask the advice, consent and confirmation of the Senate with respect to the following appointments: TO BE MEMBERS OF THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS for terms to expire January 31, 2007: Vidal Gonzalez 135 Tenderfoot Trail Del Rio, Texas 78840 (to replace Florita Bell Griffin of Bryan whose term expired) Shadrick Bogany 2215 Long Barrel Missouri City, Texas 77489 (to replace Donald Bethel of Lamesa whose term expired) Respectfully submitted, /s/Rick Perry Governor 702 77th Legislature — Regular Session 36th Day PERMISSION TO INTRODUCE BILL AND RESOLUTION Senator Truan moved to suspend Senate Rule 7.07(b) and Section 5, Article III of the Texas Constitution to permit the introduction of the following bill and resolution: SB 324, SJR 49. The motion prevailed by the following vote: Yeas 29, Nays 0, Present-not voting 1. Present not-voting: Mr. President. Absent-excused: Wentworth. GUESTS PRESENTED Senator Nelson was recognized and introduced to the Senate students from Griffin Middle School in Lewisville, accompanied by their teachers. The Senate welcomed its guests. HOUSE CONCURRENT RESOLUTION 136 The President laid before the Senate the following resolution: HCR 136, Honoring professional golfer Charles Coody of Abilene. MONCRIEF The resolution was read. On motion of Senator Moncrief and by unanimous consent, the resolution was considered immediately and was adopted by a viva voce vote. GUESTS PRESENTED Senator Moncrief was recognized and introduced to the Senate Charles Coody and his wife Lynette. The Senate welcomed Mr. and Mrs. Coody. PHYSICIAN OF THE DAY Senator Ogden was recognized and presented Dr. Henry Boehm of Brenham as the Physician of the Day. The Senate welcomed Dr. Boehm and thanked him for his participation in the Physician of the Day program sponsored by the Texas Academy of Family Physicians. (Senator Brown in Chair) SENATE RESOLUTION 453 Senator Staples offered the following resolution: WHEREAS, March 14, 2001, marks Cedar Creek Lake Area Day at the State Capitol, and this outstanding occasion presents an opportune time to extol the virtues of the largest residential lake in Texas, with 38,000 surface acres and 310 miles of shoreline; and WHEREAS, The Cedar Creek Reservoir was built in the 1960s, but several of its communities date back to the early 19th century; at that time, the westward expansion of farmers and settlers led to the development of the towns of Malakoff, Mabank, Tool, Trinidad, Eustace, and Kemp; and Wednesday, March 14, 2001SENATE JOURNAL 703 WHEREAS, Today, other communities surrounding the lake include Gun Barrel City, Seven Points, Star Harbor, Caney City, Enchanted Oaks, Payne Springs, and Log Cabin; and WHEREAS, An ideal location for outdoor enthusiasts, the area also has forward-looking citizens who have demonstrated their dedication to academic excellence through their support of the area's fine schools and libraries; school spirit is alive and well in Trinidad, home to the State 6-Man Football Championship team, the Trinidad Trojans, and Seven Points residents raised more than $700,000 to build a new library in the town that is also the site of a new branch of Trinity Valley Community College; and WHEREAS, In addition, the area has a number of thriving businesses, including Solar Turbines in Mabank, which won the Malcolm Baldridge Quality Award for small business development and leadership; and WHEREAS, The Cedar Creek Lake Area offers residents and visitors alike the opportunity to enjoy lake country living at its best, and it is indeed a privilege to pay tribute to this splendid area and its citizens at this time; now, therefore, be it RESOLVED, That the Senate of the 77th Texas Legislature hereby recognize March 14, 2001, as Cedar Creek Lake Area Day at the State Capitol and wish the delegation visiting on this day a memorable and productive trip to the seat of Texas government. The resolution was read and was adopted by a viva voce vote. GUESTS PRESENTED Senator Staples was recognized and introduced to the Senate a delegation from the Cedar Creek Lake Area. The Senate welcomed its guests. (President in Chair) SENATE RESOLUTION 457 Senator Armbrister offered the following resolution: WHEREAS, The year 2001 marks the 125th anniversary of the State Firemen's and Fire Marshals' Association of Texas and the 40th anniversary of the Texas Fire Chiefs Association; and WHEREAS, Established in 1876 to promote, unify, represent, and educate members of the state's fire service community, the State Firemen's and Fire Marshals' Association of Texas is the oldest trade association in Texas and one of the state's largest; and WHEREAS, Today, the association counts more