SENATE JOURNAL

EIGHTIETH LEGISLATURE — REGULAR SESSION

AUSTIN, TEXAS

PROCEEDINGS

NINETEENTH DAY

(Tuesday, February 27, 2007)

The Senate met at 11:05 a.m. pursuant to adjournment and was called to order by the President.

The roll was called and the following Senators were present:iiAveritt, Brimer, Carona, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Harris, Hegar, Hinojosa, Jackson, Janek, Lucio, Nelson, Nichols, Ogden, Patrick, Seliger, Shapiro, Shapleigh, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

Absent-excused:iiGallegos.

The President announced that a quorum of the Senate was present.

The Reverend Judith Reedy, First United Methodist Church of The Colony, The Colony, offered the invocation as follows:

God of all people, we give thanks for this day, for all those working for and leading the way to deeper understanding of one another and of the challenges before us. We pray that the legislators will exercise the wisdom that benefits the people and the State of Texas and that the people of Denton County may be helpful in that process. May each of us take to heart the adage that crosses all faiths:iilove one another as we love ourselves, and in doing so, put the persons at the bottom of the rung at the top of the list. May each legislator make the decisions they know to be right, deep down in their hearts, and may all of us receive nourishment from God's presence in their lives. 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.

LEAVE OF ABSENCE

On motion of Senator Whitmire, Senator Gallegos was granted leave of absence for today on account of illness.

CO-AUTHOR OF SENATE BILL 21

On motion of Senator Nelson, Senator West will be shown as Co-author of SBi21.

CO-AUTHOR OF SENATE BILL 54

On motion of Senator Zaffirini, Senator Uresti will be shown as Co-author of SBi54.

CO-AUTHOR OF SENATE BILL 65

On motion of Senator Zaffirini, Senator Seliger will be shown as Co-author of SBi65.

CO-AUTHOR OF SENATE BILL 75

On motion of Senator Shapiro, Senator VanideiPutte will be shown as Co-author of SBi75.

CO-AUTHOR OF SENATE BILL 105

On motion of Senator West, Senator Watson will be shown as Co-author of SBi105.

CO-AUTHOR OF SENATE BILL 143

On motion of Senator West, Senator Zaffirini will be shown as Co-author of SBi143.

CO-AUTHOR OF SENATE BILL 252

On motion of Senator Estes, Senator Zaffirini will be shown as Co-author of SBi252.

CO-AUTHOR OF SENATE BILL 286

On motion of Senator Watson, Senator VanideiPutte will be shown as Co-author of SBi286.

CO-AUTHORS OF SENATE BILL 338

On motion of Senator VanideiPutte, Senators Uresti and Zaffirini will be shown as Co-authors of SBi338.

CO-AUTHOR OF SENATE BILL 363

On motion of Senator VanideiPutte, Senator Uresti will be shown as Co-author of SBi363.

CO-AUTHOR OF SENATE BILL 381

On motion of Senator VanideiPutte, Senator Uresti will be shown as Co-author of SBi381.

CO-AUTHOR OF SENATE BILL 407

On motion of Senator Eltife, Senator Deuell will be shown as Co-author of SBi407.

CO-AUTHORS OF SENATE BILL 439

On motion of Senator Deuell, Senators Williams and Zaffirini will be shown as Co-authors of SBi439.

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CO-AUTHOR OF SENATE BILL 473

On motion of Senator VanideiPutte, Senator Wentworth will be shown as Co-author of SBi473.

CO-AUTHOR OF SENATE BILL 516

On motion of Senator VanideiPutte, Senator Uresti will be shown as Co-author of SBi516.

CO-AUTHOR OF SENATE BILL 517

On motion of Senator Janek, Senator Hinojosa will be shown as Co-author of SBi517.

CO-AUTHOR OF SENATE BILL 522

On motion of Senator Seliger, Senator Wentworth will be shown as Co-author of SBi522.

CO-AUTHOR OF SENATE BILL 530

On motion of Senator Nelson, Senator Ellis will be shown as Co-author of SBi530.

CO-AUTHOR OF SENATE BILL 553

On motion of Senator Shapleigh, Senator Zaffirini will be shown as Co-author of SBi553.

CO-AUTHOR OF SENATE BILL 560

On motion of Senator Ellis, Senator Wentworth will be shown as Co-author of SBi560.

CO-AUTHORS OF SENATE BILL 573

On motion of Senator Brimer, Senators Harris, Lucio, Nichols, and VanideiPutte will be shown as Co-authors of SBi573.

CO-AUTHORS OF SENATE BILL 574

On motion of Senator Brimer, Senators Harris, Lucio, Nichols, and VanideiPutte will be shown as Co-authors of SBi574.

CO-AUTHORS OF SENATE RESOLUTION 2

On motion of Senator Carona, Senators Lucio and Seliger will be shown as Co-authors of SRi2.

CO-AUTHOR OF SENATE RESOLUTION 293

On motion of Senator Duncan, Senator Seliger will be shown as Co-author of SRi293.

GUESTS PRESENTED

Senator Wentworth was recognized and introduced to the Senate a delegation of members representing the Texas Building Owners and Managers Association, Incorporated.

The Senate welcomed its guests.

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GUESTS PRESENTED

Senator Whitmire was recognized and introduced to the Senate members of the American Association of Retired Persons (AARP).

The Senate welcomed its guests.

PHYSICIAN OF THE DAY

Senator VanideiPutte was recognized and presented Dr. Francisco Barrera of San Antonio as the Physician of the Day.

The Senate welcomed Dr. Barrera and thanked him for his participation in the Physician of the Day program sponsored by the Texas Academy of Family Physicians.

GUESTS PRESENTED

Senator Brimer was recognized and introduced to the Senate a delegation of Fort Worth city officials.

The Senate welcomed its guests.

RESOLUTIONS SIGNED

The President announced the signing of the following enrolled resolutions in the presence of the Senate:ii

SCRi16, SCRi22, SCRi24, HCRi72, HCRi103, HCRi104, HCRi106.

SENATE RESOLUTION 337

Senator Nelson offered the following resolution:

WHEREAS, The Senate of the State of Texas is pleased to welcome the Denton County delegation to Austin for a festive celebration of Denton County Days at the State Capitol on February 26 and 27, 2007; and

WHEREAS, Created in 1846 from the original Peters Colony Grant in Fannin County, Denton County is named for John B. Denton, a pioneer lawyer and Methodist minister; and

WHEREAS, Denton County is located in North Texas and serves as the gateway to the Dallas-Fort Worth Metroplex, and the City of Denton serves as the county seat; with its massive limestone blocks and soaring clock tower, the majestic Denton County Courthouse is one of the most impressive sights in the area; and

WHEREAS, Renowned for its many excellent educational opportunities, Denton County is home to 11 public school districts; in addition, the University of North Texas, Texas Woman's University, and North Central Texas College offer students outstanding options for continuing their education; and

WHEREAS, The residents of Denton County are rightfully proud of their illustrious history and their many contributions to the rich legacy of the Lone Star State; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 80th Legislature, hereby recognize February 26 and 27, 2007, as Denton County Days at the State Capitol and

322 80th Legislature — Regular Session 19th Day

extend best wishes to the county's delegation for a memorable celebration; and, be it further

RESOLVED, That a copy of this Resolution be prepared as a memento of these special days.

NELSON

ESTES

HARRIS

SR 337 was read and was adopted without objection.

GUESTS PRESENTED

Senator Nelson, joined by Senators Estes and Harris, was recognized and introduced to the Senate Denton County Commissioners, Andy Eads, Bobbie Mitchell, and Ron Marchant; accompanied by a delegation of county officials and citizens of Denton County.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator Ellis was recognized and introduced to the Senate Representative Mark Strama and his wife, Crystal.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator Eltife was recognized and introduced to the Senate representatives of the Kilgore Chamber of Commerce:iiPresident, Mike Coston; Board of Directors Chair, Kenneth Plunk; and Board of Directors Past Chairs, Jack Ward, Carolyn Johnston, and Harvey McClendon; accompanied by a delegation of citizens from Kilgore.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator Averitt was recognized and introduced to the Senate a delegation of community leaders from Ellis County.

The Senate welcomed its guests.

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

February 27, 2007

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:

Tuesday, February 27, 2007 SENATE JOURNAL 323

THE HOUSE HAS PASSED THE FOLLOWING MEASURES:

HCR 32, Designating February 26 to February 27, 2007, as Tyler Days at the State Capitol.

HCR 78, In memory of U.S. Army Specialist Ryan Berg of Sabine Pass.

HCR 119, Honoring Kathryn Bailey Allen of Tyler on the occasion of her 90th birthday.

HCR 124, In memory of George Oscar Fisher, Jr., of Paris.

HCR 128, Recognizing February 27, 2007, as Kilgore Day at the State Capitol.

Respectfully,

/s/Robert Haney, Chief Clerk

House of Representatives

SENATE RESOLUTION 365

Senator Deuell offered the following resolution:

WHEREAS, The Senate of the State of Texas is pleased to recognize Alvin E. Jordan of Dallas, who was recently named a 2007 Texas Youth of the Year finalist by the Boys and Girls Clubs of America; and

WHEREAS, Boys and Girls Clubs are neighborhood-based programs that address today's most pressing issues for young people; the clubs promote improved self-image for members and encourage community involvement, strong moral values, and improved life management skills; and

WHEREAS, Alvin has been a member of the Boys and Girls Clubs of Greater Dallas for 12 years; he is president of his Keystone Club, tutors and mentors younger club members, and assists with outreach and fund-raising activities for the club; he is an active leader in several diversity initiatives in the Dallas and Forth Worth areas; he plans to study business management and marketing at Stanford University; and

WHEREAS, He is a senior at Greenhill College Preparatory School and plays basketball and football; a four-year letterman in football, he was named the varsity football team's Most Valuable Player this year; he is on the honor roll and serves as a junior deacon at his church, teaches Sunday school, and visits the elderly and sick; and

WHEREAS, Alvin's selection as a Texas Youth of the Year finalist is a tribute to his exceptional talents and his enthusiasm for service; he is an exemplary young man, and he demonstrates the fine community spirit shown by the many young people in the State of Texas who volunteer to improve their communities; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 80th Legislature, hereby commend Alvin E. Jordan for being a 2007 Texas Youth of the Year finalist and extend to him best wishes for success in the future; and, be it further

RESOLVED, That a copy of this Resolution be prepared for him as an expression of esteem from the Texas Senate.

SRi365 was read and was adopted without objection.

324 80th Legislature — Regular Session 19th Day

GUEST PRESENTED

Senator Deuell was recognized and introduced to the Senate Boys and Girls Club Youth of the Year finalist, Alvin E. Jordan of Dallas.

The Senate welcomed its guest.

SENATE RESOLUTION 363

Senator Estes offered the following resolution:

WHEREAS, The Senate of the State of Texas is pleased to recognize Keanna D. Franklin of Gainesville, who was recently named a 2007 Texas Youth of the Year finalist by the Boys and Girls Clubs of America; and

WHEREAS, Keanna has been a member of the Boys and Girls Clubs of Cooke County for eight years; she is a junior at Gainesville High School and participates in the student body council, track, and basketball; she is an honor roll student and has received district honors in choir; and

WHEREAS, She volunteers for various community service activities, such as the Little Angel program and food and clothing drives; she recently won the Violet Richardson Award from Soroptimist International of the Americas; she is president of the Christian Youth Fellowship at her church and plans to study business management at Oklahoma State University; and

WHEREAS, Keanna's selection as a Texas Youth of the Year finalist is a tribute to her exceptional talents and her enthusiasm for service; she is an exemplary young woman, and she demonstrates the fine spirit shown by many young people in the State of Texas who volunteer to improve their communities; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 80th Legislature, hereby commend Keanna D. Franklin for being a 2007 Texas Youth of the Year finalist and extend to her best wishes for success in the future; and, be it further

RESOLVED, That a copy of this Resolution be prepared for her as an expression of esteem from the Texas Senate.

SRi363 was read and was adopted without objection.

GUEST PRESENTED

Senator Estes was recognized and introduced to the Senate Boys and Girls Club Youth of the Year finalist, Keanna D. Franklin of Gainesville.

The Senate welcomed its guest.

SENATE RESOLUTION 366

Senator Hinojosa offered the following resolution:

WHEREAS, The Senate of the State of Texas is pleased to recognize Joaquin A. Rodriguez, a senior at Edinburg High School, who was recently named a 2007 Texas Youth of the Year finalist by the Boys and Girls Clubs of America; and

Tuesday, February 27, 2007 SENATE JOURNAL 325

WHEREAS, Joaquin has been a member of the Boys and Girls Clubs of Edinburg for two years; he is regional president of the Business Professionals of America; he implemented a community service program, Operation Save the Fish, in which senior members of the Advanced Via Individual Determination program tutor freshmen members; and

WHEREAS, Joaquin serves on the Boys and Girls Clubs' Teen Court and the National Steering Committee for the Keystone Club, the clubs' leadership development program; he plans to study computer science and law at Stanford University; and

WHEREAS, Joaquin's selection as a Texas Youth of the Year finalist is a tribute to his exceptional talents and his enthusiasm for service; he is an exemplary young man, and he demonstrates the fine spirit shown by the many young people in the State of Texas who volunteer to improve their communities; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 80th Legislature, hereby commend Joaquin A. Rodriguez for being a 2007 Texas Youth of the Year finalist and extend to him best wishes for success in the future; and, be it further

RESOLVED, That a copy of this Resolution be prepared for him as an expression of esteem from the Texas Senate.

SRi366 was read and was adopted without objection.

GUEST PRESENTED

Senator Hinojosa, joined by Senator Lucio, was recognized and introduced to the Senate Boys and Girls Club Youth of the Year finalist, Joaquin A. Rodriguez of Edinburg.

The Senate welcomed its guest.

SENATE RESOLUTION 364

Senator Duncan offered the following resolution:

WHEREAS, The Senate of the State of Texas is pleased to recognize Marcus L. Hereford of Lamesa, who was recently named a 2007 Texas Youth of the Year finalist by the Boys and Girls Clubs of America; and

WHEREAS, Marcus has been a member of the Boys and Girls Clubs of Lamesa for 10 years; he is a senior at Lamesa High School; he plays track and field and baseball; he plans to attend Midland Junior College and then Texas Tech University or Texas A&M University with the goal of becoming a meteorologist; and

326 80th Legislature — Regular Session 19th Day

WHEREAS, He is a member of the Lamesa Chapter of Business Professionals of America and volunteers regularly at the Boys and Girls Club, North Elementary School, and the Food Bank; at Christmastime, he rings the bell for the Salvation Army; and

WHEREAS, Marcus's selection as a Texas Youth of the Year finalist is a tribute to his exceptional talents and his enthusiasm for service; he is an exemplary young man, and he demonstrates the fine spirit shown by the many young people in the State of Texas who volunteer to improve their communities; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 80th Legislature, hereby commend Marcus L. Hereford for being a 2007 Texas Youth of the Year finalist and extend to him best wishes for success in the future; and, be it further

RESOLVED, That a copy of this Resolution be prepared for him as an expression of esteem from the Texas Senate.

SRi364 was read and was adopted without objection.

GUEST PRESENTED

Senator Duncan was recognized and introduced to the Senate Boys and Girls Club Youth of the Year finalist, Marcus L. Hereford of Lamesa.

The Senate welcomed its guest.

SENATE RESOLUTION 361

Senator Duncan offered the following resolution:

WHEREAS, The Senate of the State of Texas is pleased to recognize Jacinta R. Alvarez of Lubbock, who was recently named a 2007 Texas Youth of the Year finalist by the Boys and Girls Clubs of America; and

WHEREAS, Jacinta has been a member of the Lubbock Boys and Girls Club for 12 years; a senior at Estacado High School, she is head cheerleader, president of the Spanish Club, and a member of the Matador Ambassadors Club; she is in the Engineering Magnet Program; she is involved in robotics, and she leads an alcohol and drug awareness program; and

WHEREAS, At the Boys and Girls Club, she serves as a junior staff member and helper with POWER Hour, SMART Moves, and talent shows; she plans to study mechanical engineering at Texas Tech University; and

WHEREAS, Jacinta's selection as a Texas Youth of the Year finalist is a tribute to her exceptional talents and her enthusiasm for service; she is an exemplary young woman, and she demonstrates the fine spirit shown by the many young people in the State of Texas who volunteer to improve their communities; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 80th Legislature, hereby commend Jacinta R. Alvarez for being a 2007 Texas Youth of the Year finalist and extend to her best wishes for success in the future; and, be it further

RESOLVED, That a copy of this Resolution be prepared for her as an expression of esteem from the Texas Senate.

SR 361 was read and was adopted without objection.

Tuesday, February 27, 2007 SENATE JOURNAL 327

GUEST PRESENTED

Senator Duncan was recognized and introduced to the Senate Boys and Girls Club Youth of the Year finalist, Jacinta R. Alvarez of Lubbock.

The Senate welcomed its guest.

SENATE RESOLUTION 368

Senator Whitmire offered the following resolution:

WHEREAS, The Senate of the State of Texas is pleased to recognize Shamere Welcome, a senior at Eisenhower High School in Houston, who was recently named a 2007 Texas Youth of the Year finalist by the Boys and Girls Clubs of America; and

WHEREAS, Boys and Girls Clubs are neighborhood-based clubs that address today's most pressing issues for young people; the clubs promote improved self-image for members and encourage community involvement, strong moral values, and improved life management skills; and

WHEREAS, Shamere has been a member of the Salvation Army Boys and Girls Clubs of Metro Houston for four years; she is president of her Keystone Club, a tutor for POWER Hour, and an instructor in the computer laboratory; she plans to attend the University of Houston and study for a degree in mathematics; and

WHEREAS, She is active in Family, Career and Community Leaders of America, the Color Guard, and the Pep Squad; she has given generously of her time to the Veterans Affairs Medical Center, the Salvation Army, and a local shelter that helped feed victims of Hurricanes Rita and Katrina; and

WHEREAS, Shamere's selection as a Texas Youth of the Year finalist is a tribute to her exceptional talents and her enthusiasm for service; she is an exemplary young woman, and she demonstrates the fine spirit shown by the many young people in the State of Texas who volunteer to improve their communities; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 80th Legislature, hereby commend Shamere Welcome for being a 2007 Texas Youth of the Year finalist and extend to her best wishes for success in the future; and, be it further

RESOLVED, That a copy of this Resolution be prepared for her as an expression of esteem from the Texas Senate.

SR 368 was read and was adopted without objection.

GUEST PRESENTED

Senator Whitmire was recognized and introduced to the Senate Boys and Girls Club Youth of the Year finalist, Shamere Welcome of Houston.

The Senate welcomed its guest.

SENATE RESOLUTION 367

Senator Uresti offered the following resolution:

WHEREAS, The Senate of the State of Texas is pleased to recognize JonathoniA. Vogt of San Antonio, who was recently named a 2007 Texas Youth of the Year finalist by the Boys and Girls Clubs of America; and

328 80th Legislature — Regular Session 19th Day

WHEREAS, Jonathon has been a member of the Boys and Girls Clubs of San Antonio for four years; he has held various offices in the Keystone Club, and he assisted in planning and implementing many community service projects, including graffiti and beach cleanups, mentoring youth, clothing drives, and feeding the homeless; and

WHEREAS, He is a senior at Southwest High School in Atascosa and is active in the Southwest Criminal Justice Club, the student council, and debate and speech teams; he runs track and is a mentor to younger students; he ranks in the top ten percent of his class and will attend Texas Tech University; and

WHEREAS, Jonathon's selection as a Texas Youth of the Year finalist is a tribute to his exceptional talents and his enthusiasm for service; he is an exemplary young man, and he demonstrates the fine spirit shown by many young people in the State of Texas who volunteer to improve their communities; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 80th Legislature, hereby commend Jonathon A. Vogt for being a 2007 Texas Youth of the Year finalist and extend to him best wishes for success in the future; and, be it further

RESOLVED, That a copy of this Resolution be prepared for him as an expression of esteem from the Texas Senate.

SR 367 was read and was adopted without objection.

GUEST PRESENTED

Senator Uresti was recognized and introduced to the Senate Boys and Girls Club Youth of the Year finalist, Jonathon A. Vogt of San Antonio.

The Senate welcomed its guest.

SENATE RESOLUTION 362

Senator Hegar offered the following resolution:

WHEREAS, The Senate of the State of Texas is pleased to recognize Brittny Cantero of Wharton, who was recently named a 2007 Texas Youth of the Year finalist by the Boys and Girls Clubs of America; and

WHEREAS, Brittny is a senior at Wharton High School; she is president of the Spanish Club and is active with Family, Career and Community Leaders of America, the Student Council, and the tutoring program PALS; as a member of the Anchor Club, she is involved with such community events as the Relay-for-Life Walkathon and Special Olympics; and

WHEREAS, She has been a member of the Boys and Girls Club of Wharton for five years; she teaches arts and crafts and is a POWER Hour tutor; she plans to enroll in The University of Texas at Austin to study to become a pediatrician; and

Tuesday, February 27, 2007 SENATE JOURNAL 329

WHEREAS, Brittny's selection as a Texas Youth of the Year finalist is a tribute to her exceptional talents and her enthusiasm for service; she is an exemplary young woman, and she demonstrates the fine spirit shown by the many young people in the State of Texas who volunteer to improve their communities; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 80th Legislature, hereby commend Brittny Cantero for being a 2007 Texas Youth of the Year finalist and extend to her best wishes for success in the future; and, be it further

RESOLVED, That a copy of this Resolution be prepared for her as an expression of esteem from the Texas Senate.

SR 362 was read and was adopted without objection.

GUEST PRESENTED

Senator Brimer, on behalf of Senator Hegar, was recognized and introduced to the Senate Boys and Girls Club Youth of the Year finalist, Brittny Cantero of Wharton.

The Senate welcomed its guest.

SENATE RESOLUTION 339

Senator Shapiro offered the following resolution:

WHEREAS, The Texas Senate is pleased to recognize Anousheh Ansari, the first female private space explorer, on the occasion of her recent mission to the International Space Station; and

WHEREAS, When the Russian spaceship Soyuz TMA-9 lifted off on Septemberi18, 2006, for an eight-day mission to the International Space Station, Anousheh Ansari was on board; she made history by becoming the first female private space explorer and the first astronaut of Iranian descent; and

WHEREAS, Anousheh wanted more than to take a trip into space, she wanted to make a difference in the world and to inspire others, especially women and children, to study hard and overcome obstacles; she shared her experiences in space with others in a web log that was viewed more than 50 million times and was read by people from around the world; and

WHEREAS, She has a history of accomplishing her goals; as a teenager, she came to the United States unable to speak English; she dedicated herself to learning and earned a bachelor's degree in electronics and computer engineering and a master's degree in electrical engineering; and

WHEREAS, Anousheh and her family have actively promoted the latest technologies and social entrepreneurship; in 2004, they provided the funds for the first nongovernment organization to launch a reusable manned spacecraft into space; and

WHEREAS, She is a successful entrepreneur and has cofounded two business ventures; her latest technology company, Prodea Systems, helps customers realize the potential of the Internet and digital technology; and

WHEREAS, Anousheh Ansari is truly a space ambassador and her accomplishments are indeed inspirational; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 80th Legislature, hereby congratulate Anousheh Ansari on the successful completion of her mission and extend to her best wishes for the future; and, be it further

330 80th Legislature — Regular Session 19th Day

RESOLVED, That a copy of this Resolution be prepared for her as an expression of esteem and admiration from the Texas Senate.

SR 339 was read and was adopted without objection.

GUEST PRESENTED

Senator Shapiro was recognized and introduced to the Senate Anousheh Ansari.

The Senate welcomed its guest.

GUESTS PRESENTED

Senator Janek was recognized and introduced to the Senate representatives of the American Cancer Society.

The Senate welcomed its guests.

INTRODUCTION OF
BILLS AND RESOLUTIONS POSTPONED

The President announced that the introduction of bills and resolutions on first reading would be postponed until the end of today's session.

There was no objection.

SENATE RESOLUTION 338

Senator Harris offered the following resolution:

WHEREAS, The Senate of the State of Texas is pleased to pay tribute to the City of Highland Village for being recognized as the Safest City in North Texas and to the Highland Village Police Department for receiving the 2006 Community Policing Award; and

WHEREAS, Based on Texas Department of Public Safety criteria, Highland Village, which has been named the Safest City in North Texas in the category of cities with more than 10,000 residents, has now earned this designation for five consecutive years; and

WHEREAS, The Community Policing Award recognizes the Highland Village Police Department's outstanding community policing initiatives; the award, which the department won in the category for a city with a population of fewer than 20,000 residents, was presented by the International Association of Chiefs of Police and ITT Night Vision; and

WHEREAS, Highland Village's recognition as Safest City in North Texas and the Highland Village Police Department's Community Policing Award demonstrate the value of the community's proactive approach to policing and crime prevention; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 80th Legislature, hereby commend the citizens of Highland Village and members of the Highland Village Police Department for their successful policing program and extend to them congratulations on being named the Safest City in North Texas and for earning the 2006 Community Policing Award; and, be it further

Tuesday, February 27, 2007 SENATE JOURNAL 331

RESOLVED, That a copy of this Resolution be prepared as an expression of high regard from the Texas Senate.

HARRIS

NELSON

SR 338 was read and was adopted without objection.

GUESTS PRESENTED

Senator Duncan was recognized and introduced to the Senate a delegation representing Lubbock Christian University.

The Senate welcomed its guests.

HOUSE CONCURRENT RESOLUTION 32

The President laid before the Senate the following resolution:

WHEREAS, Many residents of Tyler will be in Austin to celebrate Tyler Days at the State Capitol from February 26 to February 27, 2007, and this occasion offers an ideal opportunity to extol the city's many virtues; and

WHEREAS, Nestled among the Piney Woods of East Texas, Tyler's great natural beauty goes hand in hand with the energy and amenities of a bustling modern city, and its residents take justifiable pride in their remarkable hometown; and

WHEREAS, Tyler has through the years benefited greatly from the region's abundant natural resources, and agriculture has long provided a strong foundation for the local economy; cotton was originally the predominant cash crop, but by the turn of the century the area was shipping 100 railroad cars of peaches a day and more strawberries than the rest of the state combined; and

WHEREAS, A devastating peach blight in 1902 soon revealed itself a blessing in disguise, as farmers turned to growing roses that are now Tyler's most famous export; by the 1940s, more than half the nation's rosebushes came from Tyler, and today the city is renowned as the home of the Texas Rose Festival and the Municipal Rose Garden and Museum; and

WHEREAS, In 1930, the area's sandy loam yielded up a different kind of bounty when the East Texas oil field was discovered, and the petroleum industry quickly became a mainstay of the local economy, joined more recently by manufacturing and the timber industry; and

WHEREAS, Tyler is also acknowledged to be the area's preeminent medical and educational center, and the presence of numerous state-of-the-art health care facilities contributes greatly to the well-being of local citizens, while the city's top-flight colleges and university open new vistas of learning and opportunity to thousands of students each year; and

WHEREAS, The city's recreational options are many and varied, and visitors may choose such diverse and appealing destinations as the Caldwell Zoo, Tyler Rose Garden, Discovery Science Place, and the Tyler Museum of Art, while fishing and boating enthusiasts can pursue their pleasures at Lakes Palestine, Tyler, and Tyler East; and

332 80th Legislature — Regular Session 19th Day

WHEREAS, Tyler's greatest asset continues to be its dynamic and friendly citizens, and even as they look back with pride and affection on the city's notable past, they eagerly embrace the challenges and opportunities that lie ahead; now, therefore, be it

RESOLVED, That the 80th Legislature of the State of Texas hereby designate February 26 to February 27, 2007, as Tyler Days at the State Capitol and extend to the visiting delegation sincere best wishes for a memorable and enjoyable visit to Austin.

ELTIFE

DEUELL

NICHOLS

HCR 32 was read.

On motion of Senator Eltife and by unanimous consent, the resolution was considered immediately and was adopted by a viva voce vote.

All Members are deemed to have voted "Yea" on the adoption of the resolution except as follows:

Absent-excused:iiGallegos.

GUESTS PRESENTED

Senator Eltife, joined by Senator Deuell, was recognized and introduced to the Senate Tyler Mayor Joey Seeber; Smith County Judge Joel Baker and his wife, Melanie; Tyler Area Chamber of Commerce Board of Directors Chair Tony Cain and his wife, Sarah.

The Senate welcomed its guests.

(Senator Brimer in Chair)

SENATE RESOLUTION 293

Senator Duncan offered the following resolution:

WHEREAS, Citizens from Amarillo and Lubbock and from other communities located in the Texas Panhandle and South Plains are visiting Austin on February 27, 2007, to pay tribute to their region's rich heritage and to celebrate Panhandle and South Plains Day at the State Capitol; and

WHEREAS, The Panhandle and South Plains is a thriving region of the state and home to one of the oldest inhabited places in Texas; archaeologists have discovered evidence of 12,000 years of continuous habitation at what is now the Lubbock Lake Landmark State Historical Park, a national historic and state archaeological site; and

WHEREAS, Stretching through the northern part of the region is Palo Duro Canyon, the second-largest canyon in the country, which boasts spectacular views and reveals through its exposed strata a geologic record spanning 250 million years; and

WHEREAS, Rich in history, the region is also known for its traditional ranch lands, crop and meat production, large stretches of oil and gas reserves, major industry, and a nationally recognized workforce; and

WHEREAS, Amarillo, the principal northern city of the Panhandle and South Plains, is a dynamic urban center with a population of almost 175,000 and a wide array of cultural amenities; contributing to Amarillo's economic vitality are a Bell

Tuesday, February 27, 2007 SENATE JOURNAL 333

Helicopter tilt-rotor assembly center, where the V-22 Osprey and the US101 presidential helicopters are assembled, as well as the only assembly-disassembly plant for the nation's nuclear weapons arsenal, a facility operated by BWXT Pantex for the United States Department of Energy's National Nuclear Security Administration; and

WHEREAS, Lubbock, the principal southern city of the Panhandle and South Plains, has a population today of approximately 212,000; Lubbock is home to the largest medical infrastructure between Dallas and Los Angeles and enjoys a diversified economy that draws its strength from agribusiness, manufacturing, and commerce; with the growth of cotton culture on the High Plains, Lubbock has become one of the world's primary centers for the processing of cottonseed; the economic strength also comes from numerous small businesses that have been the first in the state to band together to make insurance more affordable for employers, resulting in the coverage of almost 7,000 employees, 1,500 of whom were previously without major medical coverage; and

WHEREAS, A region of many exemplary citizens and community leaders, the Texas Panhandle and South Plains is also home to excellent educational institutions; the Texas Tech University System, including its medical, law, and pharmacy schools, and West Texas A&M University are among the premier institutions in Texas and boast ever-increasing enrollments, nationally recognized programs and faculty, and outstanding graduates; Amarillo College and South Plains College continue to be among the finest community colleges in the country, and Lubbock Christian University, Wayland Baptist University, Frank Phillips College, Western Texas College, and Clarendon College are all outstanding educational institutions in the Texas Panhandle and South Plains; and

WHEREAS, Outstanding attractions in the region include the Panhandle-Plains Historical Museum, which is located on the campus of West Texas A&M University in Canyon and is the largest history museum in the state, and the Texas Tech University campus, which is host to many restored structures at the National Ranching Heritage Center, a 15-acre site tracing the evolution of ranch architecture and the history of the cattle industry in Texas; and

WHEREAS, The citizens of the Panhandle and South Plains region are renowned for their friendliness and warmth; they have helped to build vital urban centers that serve not only a large part of Texas but also of eastern New Mexico; it is a pleasure for the Texas Senate to pay tribute to the Panhandle and South Plains of Texas and the region's fine residents; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 80th Legislature, hereby recognize February 27, 2007, as Panhandle and South Plains Day at the State Capitol and extend to the delegations in attendance today and to their fellow citizens sincere appreciation for their contributions to the Lone Star State; and, be it further

RESOLVED, That a copy of this Resolution be prepared in honor of this event.

SR 293 was read and was adopted without objection.

GUESTS PRESENTED

Senator Duncan was recognized and introduced to the Senate Lubbock officials: City Manager Lee Ann Dumbauld, Mayor David Miller, Lubbock Chamber of

334 80th Legislature — Regular Session 19th Day

Commerce Legislative Affairs Committee Chair Dan Alderson, Chamber of Commerce Legislative Affairs Committee Vice-chair John Wilson, and Chamber of Commerce Board of Directors Chair Steve Siege, accompanied by a delegation of citizens from Lubbock.

Senator Seliger was also recognized and introduced to the Senate Amarillo Mayor Debra McCartt, Hereford Mayor Robert Josserand, Dumas Mayor Mike Milligan, Amarillo Chamber of Commerce Board of Directors Chair Ken Hargrove, and Amarillo Chamber of Commerce Government Affairs Council Chair John McKissack, accompanied by a delegation of citizens from Amarillo.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator Ogden was recognized and introduced to the Senate members of the Huntsville Leadership Institute Class No. 25.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator Nelson was recognized and introduced to the Senate members of the Tarrant County Leadership groups.

The Senate welcomed its guests.

SENATE RESOLUTION 324

Senator Harris offered the following resolution:

SR 324, In memory of Specialist Nathaniel Aaron Aguirre of Carrollton.

HARRIS

NELSON

The resolution was read.

Senator Harris, joined by Senator Nelson, was recognized and introduced to the Senate family members of Nathaniel Aaron Aguirre:iihis parents, Louis and Mary Aguirre, and his sister, Melissa Aguirre.

The Senate welcomed its guests and extended its sympathy.

On motion of Senator Nelson and by unanimous consent, the names of the Lieutenant Governor and Senators were added to the resolution as signers thereof.

On motion of Senator Harris, SRi324 was adopted by a rising vote of the Senate.

In honor of the memory of Specialist Nathaniel Aaron Aguirre of Carrollton, the text of the resolution is printed at the end of today's Senate Journal.

SENATE RESOLUTION 325

Senator Harris offered the following resolution:

SR 325, In memory of Major Matthew Wade Worrell of Lewisville.

HARRIS

NELSON

The resolution was read.

Tuesday, February 27, 2007 SENATE JOURNAL 335

Senator Harris, joined by Senator Nelson, was recognized and introduced to the Senate friends and family members of Matthew Wade Worrell:iihis parents, Pat and Dora Worrell; his son, Luke Worrell; Major Craig Childs; and Sergeant Geoffrey Godnes.

The Senate welcomed its guests and extended its sympathy.

On motion of Senator Nelson and by unanimous consent, the names of the Lieutenant Governor and Senators were added to the resolution as signers thereof.

On motion of Senator Harris, SRi325 was adopted by a rising vote of the Senate.

In honor of the memory of Major Matthew Wade Worrell of Lewisville, the text of the resolution is printed at the end of today's Senate Journal.

(President in Chair)

SENATE RESOLUTION 359

Senator Williams offered the following resolution:

WHEREAS, The office of justice of the peace, first established in 1362 by King Edward of England, and the office of constable, first established in 1215 by King John of England, were two of the first offices established in the American colonies in 1620; and

WHEREAS, In Texas, both offices were created by the Texas Constitution, and they serve a vital role in the delivery of county government responsibilities to citizens on the local level; and

WHEREAS, The justices of the peace are an integral part of the Texas judiciary; they exercise jurisdiction in criminal misdemeanor cases punishable by fine or sanctions and exercise civil jurisdiction in matters of controversy under $5,000; justices of the peace preside over those courts closest to the people and were first established as "grass roots" courts in 1836 when Texas became a republic; and

WHEREAS, The constables serve as officers of the court as bailiffs, execute civil and criminal processes issued by Texas courts, and enforce criminal laws as certified peace officers; constables were first documented in Texas in 1823 by Stephen F. Austin when Texas was still under Mexican rule; and

WHEREAS, The men and women who accept the responsibilities of the offices of justice of the peace and constable perform the duties of their office with integrity, dedication, and the required knowledge of the law, thereby contributing immeasurably to the justice system, the safety of the citizens of Texas, and the peace and order of our society; and

WHEREAS, The Justices of the Peace and Constables Association of Texas, Incorporated, has represented the interests of more than 4,000 Texas justices of the peace, constables, and members of their staffs for over 60 years; and

WHEREAS, The dedication of a special day to focus attention on the contributions of these public officials to our state is appropriate and will enlighten the public as to their role in our judicial system; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 80th Legislature, hereby proclaim February 27, 2007, Justices of the Peace and Constables Day, welcome the visiting members of the Justices of the Peace and Constables Association of Texas,

336 80th Legislature — Regular Session 19th Day

Incorporated, to the State Capitol, and commend the justices of the peace and constables of our state for serving and protecting the citizens of Texas; and, be it further

RESOLVED, That a copy of this Resolution be prepared for the Justices of the Peace and Constables Association of Texas, Incorporated, as an expression of high regard from the Texas Senate.

SR 359 was read and was adopted without objection.

GUESTS PRESENTED

Senator Williams was recognized and introduced to the Senate Constables, Ron Hickman and Larry Gallardo, and Justices of the Peace, Connie Mayfield, David Cobos, and Suzan Thompson, representing the Justices of the Peace and Constables Association of Texas, Incorporated.

The Senate welcomed its guests.

NOMINATIONS RETURNED

On motion of Senator Jackson and by unanimous consent, the Senate agreed to grant the request of the Governor to return the following nominations:

Member, Texas State Board of Public Accountancy:iiPaula Martina Mendoza, Harris County.

Member, Crime Stoppers Advisory Council:iiTina Alexander Sellers, Angelina County.

Member, Texas Council on Purchasing from People with Disabilities:iiRobert K. Peters, Ph.D., Smith County.

Member, Sabine River Compact Administration:iiFrank Edward Parker, Shelby County.

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 yesterday by Senator Jackson.

Senator Jackson moved confirmation of the nominees reported yesterday by the Committee on Nominations.

The President asked if there were requests to sever nominees.

There were no requests offered.

NOMINEES CONFIRMED

The following nominees, as reported by the Committee on Nominations, were confirmed by the following vote:iiYeasi30, Naysi0.

Absent-excused:iiGallegos.

Judge, 434th Judicial District Court, Fort Bend County:iiJames H. Shoemake, Fort Bend County.

Tuesday, February 27, 2007 SENATE JOURNAL 337

Members, Commission on Law Enforcement Officer Standards and Education:iiAllan D. Cain, Panola County; Charles R. Hall, Midland County.

Members, Texas School for the Deaf Governing Board:iiJean F. Andrews, Ph.D., Jefferson County; Shalia H. Cowan, Hays County; Connie F. Sefcik-Kennedy, Travis County; Angie Wolf, Travis County.

Members, On-site Wastewater Treatment Research Council:iiJanet R. Boone, Madison County; Janet Dee Meyers, Denton County.

Member, School Land Board:iiDavid Schauff Herrmann, Bexar County.

Members, State Board for Educator Certification:iiChristopher Barbic, Harris County; Mildred Janie Baszile, Harris County; Jill Jolynn Harrison Druesedow, Haskell County; Jeanne Marcum Gerlach, Tarrant County; Christie Pogue, Hays County; Homer Dean Treviño, McLennan County.

Members, State Board of Dental Examiners:iiTamela L. Gough, D.D.S., M.S., Collin County; Georgiana M. Matz, Cameron County; Ann G. Pauli, El Paso County; William Lindsay Purifoy, Tarrant County; Russell H. Schlattman II, Harris County.

Members, State Committee of Examiners in the Fitting and Dispensing of Hearing Instruments:iiKenneth Banks Haesly, Harris County; Audrey M. McDonald, Williamson County; Melissa Kay Rodriguez, El Paso County.

Members, Texas Board of Professional Engineers:iiElsie Allen, Tarrant County; George Kemble Bennett, Brazos County; James Alan "Jim" Greer, Tarrant County; Edward L. Summers, Travis County; Daniel O. Wong, Fort Bend County.

Members, Texas Commission on Fire Protection:iiLes Bunte, Williamson County; Juanita "Jane" Burch, Tarrant County; Elroy Carson, Lubbock County; Chris Connealy, Williamson County; Yusuf Elias Farran, El Paso County; John Kelly Gillette III, Collin County; John W. Riddle, San Jacinto County; Kelley Martin Stalder, Collin County; G. Kent Worley, Tarrant County.

Members, Texas Economic Development Corporation Board of Directors:iiPaul Foster, El Paso County; Kerry Hall, Travis County; Scott Johnson, Collin County; Alfred B. "Al" Jones, Jr., Nueces County; Nicholas T. Serafy, Jr., Cameron County; David Gordon Wallace, Fort Bend County.

Members, Texas Juvenile Probation Commission:ii Rene Ordoñez, El Paso County; Ray West, Brown County; Lea R. Wright, Randall County.

Members, Texas Transportation Commission: Ned S. Holmes, Harris County; Fred A. Underwood, Lubbock County.

MOTION TO ADJOURN

On motion of Senator Whitmire and by unanimous consent, the Senate at 12:35ip.m. agreed to adjourn, in memory of Specialist Nathaniel Aaron Aguirre of Carrollton, Major Matthew Wade Worrell of Lewisville, and Lance Corporal Anthony Aguirre of Raymondville, upon completion of the introduction of bills and resolutions on first reading, until 11:00ia.m. tomorrow.

338 80th Legislature — Regular Session 19th Day

SENATE BILLS ON FIRST READING

The following bills were introduced, read first time, and referred to the committees indicated:

SB 3 by Averitt

Relating to the development, management, and preservation of the water resources of the state; providing penalties.

To Committee on Natural Resources.

SB 601 by VanideiPutte

Relating to grants of appropriated money to certain peace officer organizations.

To Committee on State Affairs.

SB 602 by VanideiPutte

Relating to political activities of labor organizations that accept certain public funds; providing a criminal penalty.

To Committee on State Affairs.

SB 603 by VanideiPutte

Relating to staff development requirements in public schools.

To Committee on Education.

SB 604 by Williams, Nichols

Relating to the creation of an additional judicial district in Montgomery County.

To Committee on Jurisprudence.

SB 605 by Duncan

Relating to the terms and election of the members of the board of directors of the Stonewall County Hospital District.

To Committee on Intergovernmental Relations.

SB 606 by Ogden

Relating to the disclosure of the name of a student or minor who is a victim of abuse or unlawful conduct by an educator.

To Committee on Education.

SB 607 by Ellis

Relating to the designation of certain areas as banking development districts to encourage the establishment of financial institution branches in those areas.

To Committee on Business and Commerce.

SB 608 by Ellis

Relating to restrictions on state contracts with certain contractors.

To Committee on Government Organization.

SB 609 by Ellis

Relating to the payment of higher education tuition and fees for certain military personnel and their dependents.

To Subcommittee on Higher Education.

Tuesday, February 27, 2007 SENATE JOURNAL 339

SB 611 by Lucio

Relating to reporting certain information regarding residential property and personal automobile insurance and public Internet access to that information.

To Committee on Business and Commerce.

SB 612 by Lucio

Relating to a fee to support intercollegiate athletics at The University of Texas at Brownsville.

To Subcommittee on Higher Education.

SB 613 by Lucio

Relating to the creation of the offense of illumination of an aircraft by intense light.

To Committee on Criminal Justice.

SB 614 by Lucio

Relating to the creation of an additional judicial district in Cameron County.

To Committee on Jurisprudence.

SB 615 by Lucio

Relating to the creation of an additional judicial district in Cameron County.

To Committee on Jurisprudence.

SB 616 by Duncan

Relating to the protection and use of intellectual property by the executive administrator of the Texas Water Development Board.

To Committee on Natural Resources.

SB 617 by Wentworth

Relating to the payment of the child support obligation of a deceased child support obligor.

To Committee on Jurisprudence.

SB 618 by Wentworth

Relating to the jurisdiction of the county, justice, and small claims courts in civil matters.

To Committee on Jurisprudence.

SB 619 by Jackson

Relating to a firefighters' relief and retirement fund in certain municipalities.

To Committee on Intergovernmental Relations.

SB 620 by Jackson

Relating to the marking of oyster beds.

To Subcommittee on Agriculture, Rural Affairs, and Coastal Resources.

SB 621 by Carona

Relating to payments by the Texas Department of Transportation to an unsuccessful private entity that submits a proposal for a comprehensive development agreement.

To Committee on Transportation and Homeland Security.

340 80th Legislature — Regular Session 19th Day

SB 622 by Carona

Relating to the collection of certain data for the Texas Natural Resources Information System and the duties of the Texas Geographic Information Council.

To Committee on Transportation and Homeland Security.

SB 623 by Janek

Relating to the regulation of funeral homes, cemeteries, and crematories.

To Committee on Health and Human Services.

SB 624 by Estes

Relating to the fee for a permit to operate an overweight motor vehicle.

To Committee on Transportation and Homeland Security.

SB 625 by Janek

Relating to restrictions on the substitution of generically equivalent versions of transplant immunosuppresants.

To Committee on Health and Human Services.

SB 626 by Harris

Relating to the requirement to complete the boater education course and the deposit of fees from that course.

To Committee on Natural Resources.

SB 627 by Shapleigh

Relating to rates and expenditures under the Medicaid program and the state child health plan program in certain strategic investment areas.

To Committee on Health and Human Services.

SB 629 by Deuell

Relating to the establishment of a peace officer employment opportunity Internet website by the Commission on Law Enforcement Officer Standards and Education.

To Committee on Criminal Justice.

SB 630 by Patrick

Relating to the creation of a public integrity unit in the office of the attorney general to prosecute offenses against public administration, including ethics offenses, and offenses involving insurance fraud.

To Committee on State Affairs.

SB 631 by Patrick

Relating to an offense involving a motor vehicle with an altered or obscured license plate.

To Committee on Transportation and Homeland Security.

SB 632 by Gallegos

Relating to the investigation of a firefighter in certain municipalities.

To Committee on Intergovernmental Relations.

SB 633 by Gallegos

Relating to hours of labor in certain fire departments.

To Committee on Intergovernmental Relations.

Tuesday, February 27, 2007 SENATE JOURNAL 341

SB 634 by Hegar

Relating to a prohibition on disseminating evidence that constitutes child pornography in a criminal proceeding.

To Committee on Criminal Justice.

SB 635 by Janek

Relating to a credit or refund for taxes paid on diesel fuel used in certain manufacturing or production processes.

To Committee on Finance.

SB 636 by Hegar

Relating to excepting certain crime victim information from required disclosure under the public information law.

To Committee on Criminal Justice.

SB 637 by VanideiPutte

Relating to use of the money from the Texas Enterprise Fund to benefit small-business concerns.

To Subcommittee on Emerging Technologies and Economic Development.

SB 638 by VanideiPutte

Relating to allowing a school district to charge an impact fee for certain capital improvements.

To Committee on Education.

RESOLUTIONS OF RECOGNITION

The following resolutions were adopted by the Senate:

Memorial Resolutions

HCRi78i(Janek),iIn memory of U.S. Army Specialist Ryan Berg of Sabine Pass.

HCRi124i(Eltife),iIn memory of George Oscar Fisher, Jr., of Paris.

Congratulatory Resolutions

SRi329iby Uresti,iCommending Martin Contreras for his service to his country.

SRi356iby Brimer,iRecognizing Diana Pham for being named a 2007 Prudential Spirit of Community Awards Distinguished Finalist.

SRi357iby Hegar,iRecognizing Woody Mann for his contributions to the Katy area.

SRi360iby Hegar,iRecognizing Mount Zion Baptist Church in Sealy on the occasion of the dedication of its Texas Historical Marker.

SRi369iby VanideiPutte,iCommending Daniel R. Derrico for his contributions to the Alamo Community College District.

SRi370iby VanideiPutte,iRecognizing the Honorable Joe J. Bernal of San Antonio on the occasion of his 80th birthday.

HCRi40i(Duncan),iHonoring the Texas Tech women's cross country team for their performance in the 2006 NCAA championships.

HCRi41i(Duncan),iHonoring Whitney Wofford of Lubbock for winning the Bryan-College Station Super Championship Major Zone Tennis Tournament.

342 80th Legislature — Regular Session 19th Day

HCRi113i(Duncan),iCongratulating Roy Velez on being named 2006 Texan of the Year.

HCRi119i(Eltife),iHonoring Kathryn Bailey Allen of Tyler on the occasion of her 90th birthday.

Official Designation Resolutions

SRi358iby Hegar,iRecognizing February 28, 2007, as Victoria County Day at the State Capitol.

HCRi128i(Eltife),iRecognizing February 27, 2007, as Kilgore Day at the State Capitol.

ADJOURNMENT

Pursuant to a previously adopted motion, the Senate at 12:43 p.m. adjourned, in memory of Specialist Nathaniel Aaron Aguirre of Carrollton, Major Matthew Wade Worrell of Lewisville, and Lance Corporal Anthony Aguirre of Raymondville, until 11:00 a.m. tomorrow.

AAAPPENDIXAA

COMMITTEE REPORTS

The following committee reports were received by the Secretary of the Senate in the order listed:

February 27, 2007

STATE AFFAIRS — SBi91, SBi175

SENT TO SECRETARY OF STATE

February 27, 2007

SCRi24

SENT TO GOVERNOR

February 27, 2007

SCRi16, SCRi22

Tuesday, February 27, 2007 SENATE JOURNAL 343

In Memory

of

Nathaniel Aaron Aguirre

Senate Resolution 324

WHEREAS, The Senate of the State of Texas honors and commemorates the life of Specialist Nathaniel Aaron Aguirre, who made the ultimate sacrifice for his country on October 22, 2006, while serving in Iraq; and

WHEREAS, Nathaniel Aguirre was born December 11, 1984; a 2003 graduate of Creekview High School in Carrollton, Nathaniel understood the degree of responsibility that comes with freedom; he was wise beyond his years and knew that the cost of freedom is high and that our rights and responsibilities as American citizens are ever to be cherished; and

WHEREAS, At 11 years of age, Nathaniel joined the Boy Scouts of America, an organization through which he received valuable guidance, developed his own leadership potential, and gained a taste for adventure, all of which contributed to building a solid foundation for the rest of his life; and

WHEREAS, At the age of 17, Nathan enlisted in the United States Army Reserve and attended basic combat training at Fort Knox, Kentucky; after graduating from high school, he trained with a medical battalion, attended Airborne School, and served in Korea before being assigned to Fort Hood; and

WHEREAS, Specialist Aguirre was a member of the 1st Battalion, 22nd Infantry Regiment, 2nd Brigade Combat Team, 4th Infantry Division, based at Fort Hood; a highly trained and dedicated soldier, he demonstrated unwavering resolve in the performance of his duties, and he was posthumously awarded the Bronze Star, the Purple Heart, and the Army Good Conduct Medal; and

WHEREAS, A man of courage, strength, and devotion, Nathaniel gave generously to others, and his kindness, resolute spirit, and bravery will not be forgotten by those who knew him; and

WHEREAS, Nathaniel was a devoted son and brother whose loyalty, compassion for others, and love of life were truly inspiring; he will long be remembered with affection and admiration by all who were privileged to share in his life; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 80th Legislature, hereby extend sincere condolences to the bereaved family of Nathaniel Aaron Aguirre: his parents, Louis and Mary Aguirre, and his sister, Melissa Aguirre; and, be it further

344 80th Legislature — Regular Session 19th Day

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 Nathaniel Aguirre.

HARRIS

Tuesday, February 27, 2007 SENATE JOURNAL 345

In Memory

of

Matthew Wade Worrell

Senate Resolution 325

WHEREAS, The Senate of the State of Texas honors and commemorates the life of Major Matthew Wade Worrell, who died May 14, 2006, at the age of 34 while serving his country in Iraq; and

WHEREAS, Assigned to the 1st Battalion, 160th Special Operations Aviation Regiment (Airborne), based in Fort Campbell, Kentucky, Major Worrell made the ultimate sacrifice for his country when his AH-6M Little Bird attack helicopter was shot down by enemy fire during combat operations south of Baghdad; and

WHEREAS, Matthew Worrell was born April 4, 1972, and attended high school in Lewisville; he graduated from Texas A&M University and received his commission in 1995 as a second lieutenant; and

WHEREAS, Major Worrell was a courageous and dedicated commander whose special operations unit was known as the "Night Stalkers"; this elite helicopter unit is one of the fastest deployable task forces in the world; he served as a flight operations officer and as a platoon leader in B Company; and

WHEREAS, Major Worrell was proud of being an American, a Texan, and an Aggie; he believed in his country's goals and was dedicated to his work on behalf of Operation Iraqi Freedom; and

WHEREAS, Respected by his friends, fellow soldiers, and superiors, Major Worrell never missed an opportunity to get to know people; he was a mentor to many and gave generously of his time and energy to others; and

WHEREAS, Major Worrell earned numerous awards and decorations for his courage and gallantry during his meritorious service to our nation; he was the recipient of two Bronze Stars, the Meritorious Service Medal, the Air Medal for Valor, three Air Medals, the Army Commendation Medal, two Army Achievement Medals, two National Defense Service Medals, the Armed Forces Expeditionary Medal, the Iraq Campaign Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Army Service Ribbon, and the NATO Medal; he was posthumously awarded the Silver Star and the Purple Heart; and

WHEREAS, Our state and nation are fortunate to have had a military leader such as Major Worrell, whose noble actions and love of country are inspirational; Major Worrell embodied the finest traditions and highest ideals of the United States Armed Forces; and

WHEREAS, A true American hero and a devoted husband and father, he will long be remembered with affection and admiration by his family, his military comrades, and his many friends; now, therefore, be it

346 80th Legislature — Regular Session 19th Day

RESOLVED, That the Senate of the State of Texas, 80th Legislature, hereby extend sincere condolences to the bereaved family of Matthew Wade Worrell: his wife, Camille; his children, Jake and Luke; and his parents, Pat and Dora Worrell; 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 Major Matthew Worrell.

HARRIS

Tuesday, February 27, 2007 SENATE JOURNAL 347