EIGHTY-FIFTH DAY MONDAY, JUNE 2, 2003 PROCEEDINGS The Senate met at 10:00 a.m. pursuant to adjournment and was called to order by the President. The roll was called and the following Senators were present:iiArmbrister, Averitt, Barrientos, Bivins, Brimer, Carona, Deuell, Duncan, Ellis, Estes, Fraser, Gallegos, Harris, Hinojosa, Jackson, Janek, Lindsay, Lucio, Madla, Nelson, Ogden, Ratliff, Shapiro, Shapleigh, Staples, VanideiPutte, Wentworth, West, Whitmire, Williams, Zaffirini. The President announced that a quorum of the Senate was present. Senate Doorkeeper Don Long offered the invocation as follows: Great architect of the Universe, we come before Your throne of grace this morning thanking You for this day which You have permitted us to live and serve the great State of Texas. We lay before You the works of everyone in this chamber over these last 139 days. During this 78th legislative session there have been victories and defeats, disappointments and celebration, joy and sadness. We rejoice in the assurance that we have done our best to stay in focus on the true needs of the people of Texas. We thank You for Lieutenant Governor Dewhurst. He has furnished the Texas Senate with leadership, patience, loving caring, equity, honor, and courage. Continue to bless him in the days ahead. How grateful we are to You for Senator Lucio, President Pro Tempore of this session. He has been a rare jewel of unselfish devotion to the cause of all Texans during some difficult days. As we move to the interim, we ask that Your grace descend in abundance upon Senator Nelson as she serves as President Pro Tempore Ad Interim of this illustrious body. We thank You for every Senator and their dedication to the office to which they have been elected and for their great struggle to work together in unity for all the peoples of Texas. And in a few hours when this body adjourns sine die, may Your traveling grace be upon the Senators to enable them to arrive at their homes safe from all harm. We close our prayer thusly: When I have come to the end of the road I should like to look back and see, 5052 78th Legislature Ð Regular Session 85th Day That I have done my very best With the trust that s' placed in me. I should like to know I never have By action, word or deed, Betrayed a confidence given Or forsaken a friend in need. I should like the consolation When I ve' traveled the very last mile, To know I ve' meant something to someone And caused those in sorrow to smile. I know that I shall be happy If in the heart of each one, I can leave a lingering memory Of something good I ve' done. Amen. Senator Whitmire moved that the reading of the Journal of the proceedings of yesterday be dispensed with and the Journal be approved as printed. The motion prevailed without objection. PRESENTATION Senator Lucio was recognized and introduced to the Senate Betty King, former Secretary of the Senate. Senator Lucio then, on behalf of the Senate, presented Mrs. King with a bouquet of yellow roses. The Senate welcomed Mrs. King. SENATE RESOLUTION 1056 Senator Lucio offered the following resolution: WHEREAS, The Senate of the State of Texas is pleased to honor the Chief of Staff for Senator Chris Harris, Peggy Dodson, who personifies all that is best in public service; and WHEREAS, Her managerial and people skills have been an invaluable asset to the office of Senator Harris since January 8, 1991; and WHEREAS, Through the years, Peggy has earned the affection and respect of all who have had the privilege of working with her both in the Capitol and Senatorial District 9; and WHEREAS, Warm and personable, Peggy has never met a stranger and if she has, they become friends within three minutes of their meeting; and WHEREAS, Her loyalty and devotion to Chris Harris and the Texas Senate is legendary; although she could have accepted more lucrative positions in the private sector she chose instead to remain in public service; and WHEREAS, Few can surpass Peggy in her love for the Senate and its traditions and for her hard work and devotion to the State of Texas; now, therefore, be it Monday, June 2, 2003 SENATE JOURNAL 5053 RESOLVED, That the Senate of the State of Texas, 78th Legislature, hereby commend Peggy Dodson for her outstanding work in the Texas Senate and congratulate her on being named the second legislative recipient of the Betty King Public Service Award; and, be it further RESOLVED, That a copy of this Resolution be prepared for Peggy as an expression of highest esteem and respect from the Texas Senate. The resolution was read. SENATE RESOLUTION 1057 Senator Lucio offered the following resolution: WHEREAS, The Senate of the State of Texas can take great pride in the professionalism and devotion to duty of its central staff, and among the most outstanding of these employees is Connie Swearingen; and WHEREAS, A dedicated Senate employee since March 6, 1989, Connie earned the respect of the five lieutenant governors and numerous senators she has worked for; her flair and creativity are evident in the meals she has planned and prepared; and WHEREAS, Connie has worked long into the night and on weekends to assure the smooth functioning of the reception room; and WHEREAS, Cheerfully and willingly, Connie promptly responds to the requests of those she serves so well as she combines the best qualities of a short order cook and a cordon bleu chef; and WHEREAS, Throughout her Senate career, Connie has consistently displayed loyalty and dedication to the Senate, and she is most worthy of legislative recognition; and, be it further RESOLVED, That the Senate of the State of Texas, 78th Legislature, hereby commend Connie Swearingen for her superlative service to the Texas Senate and congratulate her on being named the second administrative recipient of the Betty King Public Service Award; and, be it further RESOLVED, That a copy of this Resolution be prepared for her as an expression of high regard from the Texas Senate. The resolution was read. On motion of Senator Lucio, SRi1056 and SRi1057 were adopted without objection. PHYSICIAN OF THE DAY Senator Ogden was recognized and presented Dr. Stephen Benold of Georgetown as the Physician of the Day. The Senate welcomed Dr. Benold and thanked him for his participation in the Physician of the Day program sponsored by the Texas Academy of Family Physicians. 5054 78th Legislature Ð Regular Session 85th Day SENATE RESOLUTION 1016 Senator Zaffirini offered the following resolution: WHEREAS, The Senate of the State of Texas takes pleasure in recognizing Captain Michael Ogden for his exemplary service to his country in the United States Marine Corps; and WHEREAS, Michael graduated from the United States Naval Academy in 1998 and joined the Marines; he was assigned to the 24th Marine Expeditionary Unit based in Camp Lejeune, North Carolina; on August 26, 2002, he left with his unit on a six-month peacekeeping mission in Kosovo and a humanitarian aid mission in Bahrain, Djibouti and the United Arab Emirates; and WHEREAS, The unit off-loaded in Kuwait and then was sent to Iraq, where Michael commanded a Combined Arms Anti-Tank Special Operations Capable platoon of 80 personnel with 40 Humvees; during its search and destroy missions in Iraq, the unit reclaimed the body of a Marine who had been tortured and killed; and WHEREAS, After two extensions on the arrival date home, Michael s' 24th Marine Expeditionary Unit returned safely to North Carolina on May 26, 2003, and Michael met his son, Gabriel, for the first time; the firstborn child of Michael and his wife, Lisa, was born February 14, 2003; and WHEREAS, The citizens of Texas and the nation are grateful to Captain Ogden for the courage he has shown during his military missions and in defending his country s' ideals during Operation Iraqi Freedom; the Senate united in prayer and celebrated his return to our great country; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 78th Legislature, hereby commend United States Marine Corps Captain Michael Ogden on his humanitarian missions and his service to his country during Operation Iraqi Freedom and extend to him best wishes for the future; and, be it further RESOLVED, That a copy of this Resolution be prepared for him as an expression of high regard from the Texas Senate. ZAFFIRINI FRASER RATLIFF ARMBRISTER GALLEGOS SHAPIRO AVERITT HARRIS SHAPLEIGH BARRIENTOS HINOJOSA STAPLES BIVINS JACKSON VANiDEiPUTTE BRIMER JANEK WENTWORTH CARONA LINDSAY WEST DEUELL LUCIO WHITMIRE DUNCAN MADLA WILLIAMS ELLIS NELSON ESTES OGDEN The resolution was read and was adopted without objection. REMARKS ORDERED PRINTED On motion of Senator Shapleigh and by unanimous consent, the remarks regarding SRi1016 were ordered reduced to writing and printed in the Senate Journal as follows: Monday, June 2, 2003 SENATE JOURNAL 5055 Senator Zaffirini:iiThank you Mr. President. Mr. President and Members, what a joyous occasion. We have had so many special guests on the floor of the Texas Senate, but no one is cause for greater celebration than to see Captain Michael Ogden amongst us. Captain Ogden, we adopted you while you were in Iraq, and we did unite in prayer. We worried about you. We prayed, not only for you, but also for your family, and I wish I could express to you the heartfelt celebration that all the Members of the Senate feel to see you with your father, our brother, Steve Ogden. We are so proud of your service to our country.