FOURTEENTH DAY MONDAY, FEBRUARY 10, 2003 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:iiArmbrister, Averitt, Barrientos, Bivins, Carona, Deuell, Duncan, Ellis, Estes, Fraser, Gallegos, Harris, Hinojosa, Jackson, Janek, Lindsay, Madla, Nelson, Ogden, Ratliff, Shapiro, Shapleigh, Staples, VanideiPutte, West, Whitmire, Williams, Zaffirini. Absent-excused:iiBrimer, Lucio, Wentworth. The President announced that a quorum of the Senate was present. Rabbi Brian Strauss, Congregation Beth Yeshurun, Houston, offered the invocation as follows: Almighty God and universal Father over all of mankind, we are grateful to You for the ability to gather today with our fellow elected officials who strive for the betterment of our state and the lives of all those who call Texas home. We beseech You, eternal God, to guide us in our sacred task of protecting and preserving the fundamental human liberties of all our citizens. Help us, O God, in this quest by allowing us to seek the wisdom and counsel of those who came before us. O God, we recall the thoughts of President Abraham Lincoln who stated during his Gettysburg Address words that ring just as true today in our post September 11 world as they did then: "We here highly resolve that these dead shall not have died in vain, that this nation, under God, shall have a new birth of freedom, and that government of the people, by the people, and for the people, shall not perish from the Earth." Our Lord, our God, we also recall a verse from the book of Leviticus that reminds us that our country was founded on biblical precepts: "Proclaim liberty throughout the land, for all of its inhabitants." Almighty God, source of all knowledge and wisdom, let us also remember the words of Your prophet Micah who stated: "It has been told to you, O mortal, what is good and what the Lord requires of you: only to act justly, to love mercy, and to walk humbly with your God." 182 78th Legislature Ð Regular Session 14th Day O holy One, blessed be He, hearing these and other inspiring, time-tested words give us the confidence and motivation we need to make sure that through our work, this great state will continue to be an influence for good throughout the world, uniting all people in peace and freedom, helping them to fulfill the vision of Your prophet Amos: "Let justice roll on like a mighty river, righteousness like a never-ending stream." And to this, let us all say Amen. Senator Whitmire moved that the reading of the Journal of the proceedings of Thursday, February 6, 2003, be dispensed with and the Journal be approved as printed. The motion prevailed without objection. LEAVES OF ABSENCE On motion of Senator Whitmire, Senator Brimer was granted leave of absence for today on account of important business. On motion of Senator Whitmire, Senator Lucio was granted leave of absence for today on account of important business. On motion of Senator Whitmire, Senator Wentworth was granted leave of absence for today on account of important business. CO-AUTHOR OF SENATE CONCURRENT RESOLUTION 1 On motion of Senator Estes, Senator Nelson will be shown as Co-author of SCRi1. CO-AUTHOR OF SENATE BILL 96 On motion of Senator Barrientos, Senator Shapleigh will be shown as Co-author of SBi96. CO-AUTHOR OF SENATE BILL 104 On motion of Senator Nelson, Senator Lindsay will be shown as Co-author of SBi104. CO-AUTHOR OF SENATE BILL 156 On motion of Senator Nelson, Senator Janek will be shown as Co-author of SBi156. CO-AUTHORS OF SENATE BILL 310 On motion of Senator Fraser, Senators Carona, Lindsay, Staples, and Zaffirini will be shown as Co-authors of SBi310. CO-AUTHORS OF SENATE BILL 311 On motion of Senator Shapleigh, Senators Barrientos and Van de Putte will be shown as Co-authors of SBi311. Monday, February 10, 2003 SENATE JOURNAL 183 GUESTS PRESENTED Senator Janek was recognized and introduced to the Senate Rabbi Brian Strauss, his wife, Lisa, and their son, Joshua. The Senate welcomed its guests. GUESTS PRESENTED Senator West was recognized and introduced to the Senate a group of students from the School of Government and Law at the Yvonne A. Ewell Townview Magnet Center in Dallas, accompanied by their teacher and advisor, Sevro Perez. The Senate welcomed its guests. GUESTS PRESENTED Senator Carona was recognized and introduced to the Senate a delegation of members of the Texas Association of Mortgage Brokers. The Senate welcomed its guests. GUESTS PRESENTED Senator Zaffirini was recognized and introduced to the Senate a group of students from Bexar County. The Senate welcomed its guests. GUEST PRESENTED Senator Janek was recognized and introduced to the Senate the Mayor of Bellaire, Mary Ann Goode. The Senate welcomed Mayor Goode. GUEST PRESENTED The President introduced to the Senate Debra Davison of Bellaire. The Senate welcomed Ms. Davison. GUESTS PRESENTED Senator VanideiPutte was recognized and introduced to the Senate a delegation from the Texas Dental Hygienists 'Association. The Senate welcomed its guests. SESSION TO CONSIDER EXECUTIVE APPOINTMENTS The President announced the time had arrived to consider executive appointments to agencies, boards, and commissions.iiNotice of submission of these names for consideration was given Thursday, February 6, 2003, by Senator Lindsay. Senator Lindsay moved confirmation of the nominees reported Thursday, February 6, 2003, by the Committee on Nominations. The President asked if there were requests to sever nominees. There were no requests offered. 184 78th Legislature Ð Regular Session 14th Day NOMINEES CONFIRMED The following nominees, as reported by the Committee on Nominations, were confirmed by the following vote:iiYeasi28, Naysi0. Absent-excused:iiBrimer, Lucio, Wentworth. Chair, Texas Agricultural Finance Authority Board of Directors:iiJane Anne Stinnett, Lubbock County. Members, Texas Agricultural Finance Authority Board of Directors:iiRuben O. Bosquez, Hidalgo County; Darwin Dallas "Dal" DeWees, Tom Green County; Sydney Michael "Mike" Golden, Brazoria County; Susan Kay Kennedy, Nacogdoches County; Albert Todd Lowry, Webb County; Victoria Salin, Ph.D., Brazos County. Members, Air Conditioning and Refrigeration Contractors Advisory Board:iiJanet L. Gallagher, Travis County; Hector Martinez, Live Oak County; Truman O. Powell, Smith County. Members, Texas Appraiser Licensing and Certification Board:iiElroy Carson; Lubbock County; Dona Sherman Scurry, El Paso County; Shirley J. Ward, Brewster County; Ted Whitmer, Brazos County. Members, Interagency Council on Autism and Pervasive Developmental Disorders:iiLora Bennett, Travis County; Margaret Hasse Cowen, Bexar County; Richard E. Garnett, Ph.D., Tarrant County; Patrick H. Herndon, D.O., Burnet County; Opal Irvin, Lee County; Barbara N. Villanueva, Collin County. Members, Automobile Theft Prevention Authority:iiCarlos Luis Garcia, Cameron County; Ernest C. Garcia, Travis County; Borris Lee Miles, Harris County. Members, Texas State Board of Examiners of Professional Counselors:iiGlynda Corley, Brazoria County; Michelle Alcon Eggleston, Randall County; Alma Gloria Leal, Cameron County; Matthew Washington, Fort Bend County; Dan F. Wilkins, Shelby County. Members, Texas Commission on Fire Protection:iiWalter "David" Abernathy, Camp County; Juan J. Adame, Nueces County; Marvin G. Dawson, Terry County; Arthur Lee Pertile III, McLennan County; G. Kent Worley, Tarrant County. Members, Texas Industrialized Building Code Council:iiDavy Beicker, Bexar County; Joe D. Campos, Dallas County; Mark George Delaney, Harris County; CraigiN. Farmer, Lubbock County; Martin J. Garza, Bexar County; Rudolph V. Gomez, Cameron County; James Anthony Kingham, Nacogdoches County; Michael Mount, Collin County; Gary Lynn Purser, Randall County; Douglas Owen Robinson, Dallas County; Ravi Shah, Denton County; Arthur N. Sosa, Nueces County. SENATE CONCURRENT RESOLUTION 9 The President laid before the Senate the following resolution: WHEREAS, The Legislature of the State of Texas is pleased to recognize Lou Edna Musquiz on her selection as the Skills USA-VICA National Advisor of the Year for 2002-2003; and Monday, February 10, 2003 SENATE JOURNAL 185 WHEREAS, This prestigious award honors educators in technical, skilled, or service occupations who have achieved prominence at the local, state, or national level; Lou Edna received the award at the National Skills USA-VICA Championships in Kansas City, Missouri, in June of 2002; and WHEREAS, Lou Edna has built a solid reputation as a teacher of cosmetology at Del Rio High School, where she has taught for 26 years; she has served as the Skills USA advisor to students, imparting to them her enthusiasm for this important career path; and WHEREAS, Through her membership and leadership in the Texas Industrial Vocational Association, Lou Edna has served as an advocate for career and technology education for more than 20 years; honored on numerous occasions for promoting vocational occupations, she has been named the 2001 District Teacher of the Year, the Iota Lambda Sigma District Teacher of the Year, and the Texas Skills USA Advisor of the Year; and WHEREAS, Known for her dedication and her caring attitude, Lou Edna has made a difference in the lives of countless young people; now, therefore, be it RESOLVED, That the 78th Legislature of the State of Texas hereby commend Lou Edna Musquiz and congratulate her on earning the Skills USA-VICA Advisor of the Year award; and, be it further RESOLVED, That a copy of this resolution be prepared for her as an expression of esteem from the Texas Legislature. MADLA The resolution was again read. The resolution was previously adopted on Thursday, February 6, 2003. GUESTS PRESENTED Senator Madla was recognized and introduced to the Senate Lou Edna Musquiz, her husband, Robert, and her daughter, Ebdawna. The Senate welcomed its guests. PHYSICIAN OF THE DAY Senator Staples was recognized and presented Dr. Douglas Curran of Athens as the Physician of the Day.