EIGHTY-FIRST LEGISLATURE — REGULAR SESSION
(Tuesday, January 13, 2009)
In accordance with the Constitution and Laws of the State of Texas, the Senate of the Eighty-first Legislature met in the Senate Chamber of the State Capitol on Tuesday, the thirteenth day of January, 2009, at 12:12 p.m.
The Honorable David Dewhurst, Lieutenant Governor and President of the Senate, called the Senate to order.
The Reverend Mac Richard, Lake Hills Church, Austin, offered the invocation as follows:
Our Father in heaven, we come before You now because we need You. Lord, we thank You for the gift of government, government that You have ordained and commanded to dispense justice, make laws, and protect peace in a world that so desperately needs Your peace. Father, I thank You for the men and women who serve in this body. Keep them mindful of the true power that comes through genuine service. And we ask, Lord, for Your power, the power that comes in grace, in humility, in service. I ask that You would grant our leaders an extra measure of vision, creativity, and courage to confront the challenges and address the opportunities before them this session. Lord, we ask these things not because we deserve them, but because You are faithful. I pray Your blessing and protection on these leaders, their homes and families, and ask this prayer in Your powerful, saving name. Amen.
ROLL CALL OF SENATORS
The President directed the Secretary of the Senate to call the roll of the Members of the Senate.
The roll was called and the following Senators answered to their names: Averitt, Deuell, Ellis, Eltife, Hegar, Huffman, Nelson, Nichols, Ogden, Patrick, Shapiro, Shapleigh, Uresti, Watson, Wentworth, Whitmire.
MESSAGE FROM THE SECRETARY OF STATE
The following message from the Secretary of State was read and was filed with the Secretary of the Senate:
THE STATE OF TEXAS
Secretary of State
I, HOPE ANDRADE, Secretary of State of the State of Texas, DO HEREBY CERTIFY that according to the records of this office the attached is a true and correct list, in alphabetical order, of the members of the Senate of the 81st Legislature, 2009, whose election on November 4, 2008, has been duly and legally certified to this office.
IN TESTIMONY WHEREOF, I have hereunto signed my name officially and caused to be impressed hereon the Seal of State at my office in the City of Austin, Texas this 1st day of December, 2008.
Secretary of State
The Honorable John Carona, representing the Sixteenth Senatorial District composed of:iiPart of Dallas County.
The Honorable Wendy R. Davis, representing the Tenth Senatorial District composed of:iiPart of Tarrant County.
The Honorable Robert Duncan, representing the Twenty-eighth Senatorial District composed of:iiArmstrong, Borden, Briscoe, Carson, Castro, Childress, Coke, Collingsworth, Concho, Cottle, Crosby, Dawson, Dickens, Donley, Fisher, Floyd, Foard, Garza, Gray, Hale, Hall, Hardeman, Haskell, Hockley, Irion, Jones, Kent, King, Knox, Lamb, Lubbock, Lynn, Mitchell, Motley, Nolan, Reagan, Runnels, Schleicher, Scurry, Sterling, Stonewall, Swisher, Terry, Tom Green, Upton, and Wheeler counties.
The Honorable Craig L. Estes, representing the Thirtieth Senatorial District composed of:iiArcher, Baylor, Clay, part of Collin, Cooke, part of Denton, Grayson, Jack, Montague, Palo Pinto, Parker, Shackelford, Stephens, Throckmorton, Wichita, Wilbarger, Wise, and Young counties.
The Honorable Troy Fraser, representing the Twenty-fourth Senatorial District composed of:iiBell, Blanco, Brown, Burnet, Callahan, Coleman, Comanche, Eastland, Erath, Gillespie, Hamilton, Kerr, Kimble, Lampasas, Llano, Mason, McCulloch, Menard, Mills, San Saba, and Taylor counties.
The Honorable Mario V. Gallegos, Jr., representing the Sixth Senatorial District composed of:iiPart of Harris County.
The Honorable Chris Harris, representing the Ninth Senatorial District composed of:iiPart of Dallas, part of Denton, and part of Tarrant counties.
The Honorable Juan "Chuy" Hinojosa, representing the Twentieth Senatorial District composed of:iiBrooks, part of Hidalgo, Jim Wells, and Nueces counties.
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The Honorable Mike Jackson, representing the Eleventh Senatorial District composed of:iiPart of Brazoria, part of Galveston, and part of Harris counties.
The Honorable Eddie Lucio, Jr., representing the Twenty-seventh Senatorial District composed of:iiCameron, part of Hidalgo, Kenedy, Kleberg, and Willacy counties.
The Honorable Kel Seliger, representing the Thirty-first Senatorial District composed of:iiAndrews, Bailey, Cochran, Crane, Dallam, Deaf Smith, Ector, Gaines, Glasscock, Hansford, Hartely, Hemphill, Howard, Hutchinson, Lipscomb, Martin, Midland, Moore, Ochiltree, Oldham, Parmer, Potter, Randall, Roberts, Sherman, and Yoakum counties.
The Honorable Leticia R. VanideiPutte, representing the Twenty-sixth Senatorial District composed of:iiPart of Bexar County.
The Honorable Royce West, representing the Twenty-third Senatorial District composed of:iiPart of Dallas County.
The Honorable Tommy Williams, representing the Fourth Senatorial District composed of:iiChambers, part of Harris, part of Jefferson, Liberty, part of Montgomery, and Orange counties.
The Honorable Judith Zaffirini, representing the Twenty-first Senatorial District composed of:iiAtascosa, Bee, part of Bexar, Dimmit, Duval, Frio, Jim Hogg, Karnes, La Salle, Live Oak, McMullen, San Patricio, Starr, Webb, Wilson, Zapata, and Zavala counties.
OATH OF OFFICE ADMINISTERED
The President directed the Senators-elect to proceed to the Bar of the Senate.
Chief Justice Wallace B. Jefferson administered the Constitutional Oath of Office to the Senators-elect as follows:
I, _________________________, do solemnly swear, that I will faithfully execute the duties of the office of Senator of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this state, so help me God.
ROLL CALL OF NEWLY ELECTED SENATORS
The President directed the Secretary of the Senate to call the roll of newly elected Senators as certified by the Secretary of State.
The roll was called and the following Senators answered to their names:iiCarona, Davis, Duncan, Estes, Fraser, Gallegos, Harris, Hinojosa, Jackson, Lucio, Seliger, VanideiPutte, West, Williams, Zaffirini.
The President announced that a quorum of the Senate was present.
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SENATE RESOLUTION 1
Senator Whitmire offered the following resolution:
BE IT RESOLVED BY THE SENATE OF THE STATE OF TEXAS:
SECTIONi1.iiCAUCUS REPORT. At a caucus held in the offices of the senate attended by 30 members of the senate, the caucus made the recommendations for the operation of the senate contained in this resolution.
SECTIONi2.iiSENATE OFFICERS. (a)iiSenate officers for the 81st Legislature are:
(1)iiSecretary of the Senate–Patsy Spaw;
(2)iiCalendar Clerk–Linda Tubbs;
(4)iiEnrolling Clerk–Mardi Alexander;
(5)iiJournal Clerk–Dianne Arrington; and
(b)iiOfficers named in this section serve at the will of the senate.
SECTIONi3.iiPARLIAMENTARIAN. The parliamentarian, Karina Davis, is named by the lieutenant governor and serves at the will of the lieutenant governor. The parliamentarian is a senate officer.
SECTIONi4.iiEMPLOYEES. (a)iiThe lieutenant governor may employ staff for the office of the lieutenant governor at salaries set by the lieutenant governor.
(b)iiEach senator may employ staff for the senator's office at salaries set by the senator.
(c)iiThe chairman of each committee may employ staff of the chair's selection as needed by the committee. A committee employee shall be compensated in amounts similar to the compensation paid to persons in similar senate positions.
(d)iiThe secretary of the senate may employ other staff necessary for the operation of the senate at salaries approved by the administration committee.
(e)iiThe lieutenant governor, the secretary of the senate, and each senator may use the assistance of any assistant sergeant-at-arms or other available senate employee for any and all services needed in and about the senate.
(f)iiIn this resolution, "senate employee" includes an employee of the lieutenant governor, the secretary of the senate, a senator, a senate committee, and any other person compensated from funds appropriated for the operation of the senate.
SECTIONi5.iiDUTIES OF ADMINISTRATION COMMITTEE. (a)iiIn 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.
(b)iiThe committee shall establish appropriate and necessary controls over contracts, inventory, and property management.
(c)iiThe committee may delegate any of its responsibilities to the committee chair or to the secretary of the senate to be performed under the general supervision of the committee.
(d)iiPolicies adopted by the administration committee must be consistent with the provisions of this resolution. To the extent of a conflict between a policy and this resolution, this resolution prevails.
(e)iiPolicies adopted by the administration committee are subject to the will of the senate, and a majority of the senate may reject or modify any policy adopted by the committee.
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SECTIONi6.iiEMPLOYMENT AND PERSONNEL POLICIES. (a)iiThe administration committee may adopt and enforce personnel and employment policies governing senate employees.
(b)iiThe administration committee may not adopt a policy that limits the salary of an employee of the lieutenant governor, a senator, or a senate committee, except that the administration committee may require approval by that committee of any senate committee employee salary that is proposed to exceed $5,000 a month.
SECTIONi7.iiMEMBER'S EMPLOYEE LEAVE POLICY. (a)iian 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)iiAn 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)iiCompensatory time must be used not later than the last day of the 12th month following the month in which the time was accrued.
(d)iiAn employee is not entitled to compensation for accrued but unused compensatory time.
SECTIONi8.iiOUTSIDE EMPLOYMENT. An employee of the senate may not be employed by and receive compensation from any other person during the term of senate employment without the permission of the employee's senate employer.
SECTIONi9.iiWORK HOURS. An employee shall report to work at the time, and work for the number of hours, set by the employee's senate employer.
SECTIONi10.iiLIMIT ON MONTHLY STAFF SALARY AND TRAVEL EXPENSES. (a)iiThe total amount of staff salaries and intrastate staff travel expenses for each senator may not exceed $37,500 per month.
(b)iiThis monthly amount accrues on the first day of the month and may not be expended prior to the month in which it accrues, but any unexpended portion for a month may be carried forward from one month to the next and expended until the end of the fiscal year.
SECTIONi11.iiSENATORS' EXPENSE REIMBURSEMENT AND PER DIEM. The secretary of the senate shall provide for the reimbursement of the expenses of each senator and the payment of each senator's per diem in accordance with law, this resolution, and the rules of the Texas Ethics Commission.
SECTIONi12.iiOTHER SENATE EXPENSES. (a)iiThe lieutenant governor, the secretary of the senate, and each senator may incur expenses for carrying out official duties, including expenses for items such as subscriptions, stationery, postage, and telecommunications.
(b)iiExpenses under this section shall be paid from the contingent expense fund of the senate.
SECTIONi13.iiPAYMENT OF SALARIES AND EXPENSES. (a)iiSalaries and expenses authorized by this resolution shall be paid from the contingent expense fund as provided by this section.
(b)iiVouchers for payment of any expense, including salaries and travel expenses, must be signed by the chair of the administration committee and the secretary of the senate.
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(c)iiThe administration committee shall adopt policies regarding the presentation of timely, properly completed, and signed vouchers.
SECTIONi14.iiDESIGNATION FOR ATTENDANCE AT MEETINGS AND FUNCTIONS. (a)iiThe administration committee shall designate a senator or any employee to attend an official meeting of a national governmental organization during a session of the 81st Legislature. The person designated is entitled to reimbursement for actual and necessary expenses.
(b)iiThe lieutenant governor may designate a senator 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 adopted by the administration committee.
SECTIONi15.iiELECTRONIC RECORDING BY MEMBER PROHIBITED. No member of the senate may electronically record a private conversation held within the brass rail on the senate floor during a legislative session without the knowledge and consent of all participants to the conversation.
SECTIONi16.iiJOURNAL. The secretary of the senate shall provide for the printing of not more than 500 copies of the daily journal. Of that number:
(1)ii175 shall be furnished to the house of representatives;
(2)ii60 shall be furnished to the Legislative Reference Library; and
(3)iithe remainder shall be apportioned among the senators and the lieutenant governor.
SR 1 was read and was adopted without objection.
OATH OF OFFICE ADMINISTERED
TO OFFICERS OF THE SENATE
The President directed the officers of the Senate to proceed to the Bar of the Senate.
The President administered the Constitutional Oath of Office to the officers as follows:
I, ______________________, do solemnly swear, that I will faithfully execute the duties of the office of ____________________ of the Senate of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this state, so help me God.
MOTION IN WRITING
Senator Whitmire offered the following Motion In Writing:
I move that two committees, each with five Members of the Senate, be appointed by the President to notify the Governor and the House of Representatives, respectively, that the Senate is organized and ready to transact business.
The Motion In Writing was read and was adopted without objection.
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Accordingly, the President appointed the following Committee to Notify the Governor:iiSenators Whitmire, Chair; Ogden, Nelson, Zaffirini, and Huffman, and the following Committee to Notify the House of Representatives:iiSenators Wentworth, Chair; Seliger, Eltife, Hinojosa, and Davis.
The President at 12:23 p.m. announced the Senate would stand At Ease pending the departure of its guests.
IN LEGISLATIVE SESSION
The President at 12:33 p.m. called the Senate to order as In Legislative Session.
The Committee to Notify the Governor that the Senate was organized and ready to transact business appeared at the Bar of the Senate, and Senator Whitmire, accompanied by Governor Rick Perry, notified the President and the Members that the committee had performed its duty.
The President invited Governor Perry to the President's Rostrum.
The Senate welcomed Governor Rick Perry, who addressed the Senate as follows:
Governor, thank you very much. It's a honor to be with you today, and each of you, as I look across this room and think about the memories that I have in this austere, sometimes austere, but most times quite interesting, and, David, congratulations on doing it one more time. It's one of the most exciting times of my life, John, has been coming to this building, 1985 as a freshman Member of the Legislature, driving down South Congress and about where Guero's is and the road starts going down, Senator, and you see that just magnificent, unique structure of the Texas Capitol, and you realize that that's where you get to go to work every day. And nothing's changed. After 20-plus years, Bob, I still get goose bumps down my spine, thinking about getting to come and work in this place where men and women of exceptional talent have lived and worked and made a difference for our fellow citizens. As I begin to just make some short remarks to you today, I'd like for us to pause just a moment and reflect on the tragic loss that occurred yesterday when a Air National Guard helicopter went down in College Station with a loss of a life, a newly minted Second Lieutenant, a young man who understood the meaning of sacrifice as he joined the United States Army to serve, so that you and I could be in this Chamber today enjoying the freedoms that we have in this country. And the passing of Zachary Cook in the course of military training is a reminder to all of us that the people that we represent and the principles that we value enough to, in some cases, to give up life itself, is something that we never, never should forget, and that we serve those people, that we honor their service. I know that a lot of the Senators, and certainly the staff members, and even spouses, spend a lot of time in the Capitol throughout the year, but let me just say, collectively, welcome back to Austin. Welcome back to our Capitol, and I want to extend
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HOUSE OF REPRESENTATIVES NOTIFIED
The Committee to Notify the House that the Senate was organized and ready to transact business appeared at the Bar of the Senate, and the President and the Members were notified that the committee had performed its duty.
The President acknowledged the presence of Greg Abbott, Attorney General of Texas, and his wife, Cecilia.
The President also acknowledged the presence of Todd Staples, Commissioner of Agriculture.
The Senate welcomed its guests.
PHYSICIAN OF THE DAY
Senator Hegar was recognized and presented Dr. Robert Youens of Weimar as the Physician of the Day.
The Senate welcomed Dr. Youens and thanked him for his participation in the Physician of the Day program sponsored by the Texas Academy of Family Physicians.
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ELECTION OF PRESIDENT PRO TEMPORE
EIGHTY-FIRST LEGISLATURE, REGULAR SESSION
The President announced that the time had arrived for the election of President Pro Tempore of the 81st Legislature, Regular Session.
Senator Averitt placed in nomination the name of Senator Robert Duncan of Lubbock for the office of President Pro Tempore of the 81st Legislature, Regular Session.
On motion of Senator Whitmire and by unanimous consent, the nominating speech by Senator Averitt and the remarks made to second the nomination were ordered reduced to writing and printed in the Senate Journal as follows:
Senator Averitt:iiThank you Mr. President. Members and guests, it is a great honor for me to rise today to nominate the Honorable Robert Duncan of Senate District 28 to serve as the President Pro Tempore of the Texas Senate for the 81st Regular Session. In November of 1992, a lanky, soft-spoken lawyer from the Panhandle was elected to the Texas House. At the same time, a guy with a full head of dark hair was elected from McClennan County. As a Member of the same freshman class, I had the opportunity to watch Robert Duncan rise immediately to the cream of the crop, to tackle the state's toughest issues. It was during his first session that he distinguished himself and earned his long-standing reputation as a man who knew how to get things done. He worked on policy with integrity, distinction, and honesty. While some of you weren't around during that period of time, you may think I might exaggerate because, after all, this is a nominating speech. Well, let me tell you, the fact of the matter is, during that session in 1993, Bob Duncan was unanimously, or not, overwhelmingly nominated as the Outstanding Freshman Legislator. It would have been unanimous had I not decided after deliberation to vote for myself, Bob. Today, Members, I rise to nominate this still lanky, still very soft-spoken statesman to be our President Pro Tempore of the Texas Senate for this upcoming legislative session. When I sat down to write this speech, a lot of words came flooding to the paper that I thought exemplified Bob Duncan:iibipartisan, intelligent, integrity, loyalty, dedication, honesty, stamina, endurance, courage. But the word that kept coming back to me over and over again, Members, was sacrifice, above his own needs. Bob Duncan will place his family above his own needs. Bob Duncan will place the needs of his constituents above himself. Bob Duncan will place the needs of the great State of Texas above himself. And in the context that I make this nomination today, Members, I think it's important to know that Bob Duncan puts the needs of this great body above himself. If I had all day to talk about the many accomplishments and the things that we know about Bob Duncan, to tell the Bob Duncan story, I don't believe I'd have enough time. But I do want to share one story that I had the opportunity and the privilege to participate in, kind of gives you a little glimpse of how Bob operates. It was redistricting, and, it was congressional redistricting and the Lieutenant Governor saw fit to put Bob Duncan as the Chair of the Jurisprudence Committee over what arguably was the toughest issue of the day. It was an excruciating process for those of you who were here. It was absolutely a mind-blowing experience. The stakes were very, very high, and the emotions were even higher. And Bob Duncan's calm hand, steady voice, and reasoned approach allowed for a process that we all could respect
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Senator Ogden:iiBob, it's an honor to second your nomination as Senate Pro Tempore, and I also want to second every remark that Senator Averitt just made. I first met Bob Duncan in 1993 when he came to the Texas House, and I knew I was in trouble because the first bill he introduced was to put Texas Tech in the Permanent University Fund. And then I knew I had better get to know him well because he almost passed the thing. He is a remarkable legislator with a list of legislative accomplishments that is pages long. Senator Averitt talked about some of them. He, clearly, has led our state and this Senate in the area of higher education funding, saving TRS, tort reform, insurance reform, even his efforts–which we need to revisit–on how we elect judges, he's been a leader. In every area of our Legislature and in our legislative accomplishments, Bob Duncan is there, not only to help but with a constructive solution. One thing that Senator Averitt alluded to, which I think is important in recognizing you, Sir, is that we as a body know that if you bring a bill to the floor, it is going to be well-crafted and we do not ever have to worry about the quality of that legislation from a technical detail. There's nobody better when they bring legislation to this floor. Senator Duncan has been recognized three times by Texas Monthly as one of the best legislators. The last time he was recognized, this is what Texas Monthly wrote: "He is the rare Senator who masters both the big ideas and the details. When Senate debate gets mired in controversy over the language in a bill, keep your eye on the huddle that forms around him, a sure sign that other Senators are looking to him for a technical fix that will resolve the problem." Senator Duncan, it's my privilege to second the motion. Senator Duncan is a good man, he's a good friend, he's a great Senator, and I second his motion as Senate Pro Tempore.
Senator Shapiro:iiThank you very much Mr. President. I, too, rise to second the motion for Robert "Bob" Duncan to become the President Pro Tempore of the Texas Senate. You know, some Senators go by "Robert," other Senators go by "Bob," some Senators go by "Senator Duncan," this Senator goes by "Duncan." If you get a call from him, or you talk to him, he says, this is Duncan. So, I'm here to tell you a little bit more about Duncan, and I want you to be enlightened. I want you to know who he is. I'm not quite as particular as his two long-time friends, and I'm going to give you an insight into who this man, Duncan, really is. First, I'd like to tell you that we think of him sometimes as very quiet and very shy, kind of reserved. Not so. He is loud and he is rambunctious when it comes to his alma mater, Texas Tech. I happen to know that because I sat with him in the box at a football game and, let me tell you, he is loud and rambunctious. Secondly, I'd like to tell you that many people have said that he's kind of passive and kind of reserved. Not so. Get him to talk about Matthew, get him to talk about Lindsey, he is not at all quiet or passive about them. He exudes enthusiasm, he exudes passion, he is very, very proud of his two children, and rightfully so. And many see him as being pensive, maybe even meditative. I think it was actually Senator Averitt that said he rolls his head back and kind of contemplates. Well, that's not so either. When it comes to legislation, he is vocal and he is a staunch
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Senator Ellis:iiThank you Mr. President. Members, I, too, rise to second the motion of Robert Duncan for President Pro Tempore of the Texas Senate. Lindsey and Matthew, we have watched you grow up over the years, you were very young when your dad first came to this body. My kids only agreed to come today because they could get a day out of school. And as evidenced by the fact they left before their daddy could get up to speak, that's the only reason they came, because they could get a day out of school. But this is a big deal, Lindsey, and you and Matthew ought to know that, and other Members here. It's a big deal because under our Constitution, if the Governor and Lieutenant Governor are out of state, he's third in line to be the Governor of Texas. I was just President Pro Tem of the Senate. It's a nice deal while we're in session because they put your name on the program. Now, you notice, Senator Carona was the President Pro Tem during the interim; he'll save this program. It's the only one he had, but Robert Duncan will have one every day. During the interim, it meant that the Governor and Lieutenant Governor had to have food tasters if they went out to dinner with Senator Carona because, God forbid something would happen to them, God help us, Carona would've been Governor of Texas. But I say that to make the point:iiUnder our tradition, if you serve in this body long enough, we do it by rotation, you will become President Pro Tempore of the Senate. That's how I got it, and some of the others. You stay here long enough, you get your turn. Robert Duncan is coming at a pivotal time in our history because we're going to make some tough decisions this session, as we do every session, make decisions where traditions are important. They make this body work. Now, Robert Duncan has passed about 350, 349 bills during his tenure in this body. That's the easy way to measure his success. You can go online and pull the 153 Senate bills and the 196 House bills. Probably a more adequate measure will be the number of bills that he's killed or the number of times he has always sought to find middle ground. I sit here behind him, the wingman. I can watch his back, throw a few knives from time to time, but mainly watching his
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Senator Fraser:iiThank you Governor Dewhurst. I also rise to second the nomination of my extremely good friend, Robert Duncan. And I, like Florence, I'm sure in the conversation he will become "Duncan" because that is the way he's known to all of us. Robert Duncan and I actually, I don't want to one-up the timeframe, but in '89 when he was a staffer and he was working on workers' comp and I was a freshman Member working over in the House on the same issue, we worked together, and we passed at that time one of the largest and the most meaningful pieces of legislation to ever go through the Legislature. And he was a key part of passing that legislation, even before he got in the Legislature. As Kip said, Robert came in in '93 into the House and then in '97 we ran together, we were both elected, and the reason he is here today, he has one spot seniority above me. He won a special election that year, but we entered the Legislature in '97. We found, very quickly, after we got here that we had a lot in common. We're both from the same part of the state. The people we represented looked and their philosophical bent was about the same. And we found ourselves working a whole lot more on rural issues than we did Republican and Democratic issues, and I don't think that's ever changed. Over the years, the last 12 years, we fought a lot of battles. There's been a lot of things we've done. I, like Rodney, I would like to change this, and I would like to address this to Lindsey and Matthew, visit with you, because in our time in the Legislature, we develop a relationship with the family process and the kids. I met Mike Jackson's kids in '89 when, you know, we
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Senator VanideiPutte:iiThank you Mr. President. Mr. President and Members, I rise to second the nomination of a great leader in the Texas Senate, Robert Duncan. Many of us know that Robert is a lover of the law, and he is esteemed in the legal system because it protects fairness, and of anything we know about Robert Duncan is that he treasures fairness. He's always worked for a quality of life, whether that's in education or in our retirement systems, and we all know that he has done a great deal for his beloved West Texas for that economic viability. If you think about West Texas, you think about the stark beauty and the deep canyons of Palo Duro Canyon. Well, I don't know if Bob is a beauty, but he is rugged, and he doesn't look too bad in faded jeans either. So, maybe the new definition of that rugged, West Texas man is not the Marlboro Man, but maybe an intellectual who understands West Texas and is always chewing on some nicotine gum. You know, there's a lot about West Texas that you know is absolutely Robert Duncan: a place where people understand that they've got to have that can-do spirit, a place where rugged individualism is treasured, a place where people understand and first they say, you pull yourself up from your own
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Tuesday, January 13, 2009 SENATE JOURNAL 15
Senator Williams:iiThank you Mr. President. It's my pleasure to rise and second the nomination of Bob Duncan for President Pro Tem of the Senate. We've heard wonderful things about what a man of great integrity Bob is, how thoughtful he is, what a thoughtful and deliberate State Senator he is, and all those things are true, and I wish to second those. But there's one other thing that I think I'm in a unique position to share, that people should know, and that is what a patient and instructive mentor you have been to me and to many other Members. It's been my pleasure for the last four years to serve as Vice-chair of the State Affairs Committee that you chair. And during that time, the courtesy that you've extended me, the patience that you have shown with my inexperience in the Senate, and all of the time that you've spent to make sure that I was included in the process and understood how the committee worked and what our goal was, means more to me than you will ever know. It has been one of the highlights of my Senate career, and I would have been remiss if I hadn't stood up and said how much I appreciate that about you, Bob. And it's my pleasure to second your nomination. I'm certain our body will be well served by your election to President Pro Tem of the Texas Senate.
Senator Gallegos:iiThank you Mr. President. I also rise to second the nomination. My friend, Bob Duncan, let me, Bob and I served in both the House and the Senate, and I knew he was going to be special when I worked with him in the House. But then in the Senate, when he brought one of the, Governor Bush had brought a couple of issues that were emergency appropriation items, and Bob had brought up an issue before the Senate Finance on the $25 million emergency appropriation for the eradication of a boll weevil. You know, I grew up in the barrio of Magnolia Park, and I had no idea what a boll weevil was. And I said, well, it's an emergency, so let's vote on it. But then I found out it was because of the cotton, the cotton, and these boll weevils eat the cotton and whatever, they destroy it and all that. And then, I started thinking to myself, well, when you do get the cotton, when you get it baled, then they truck it to Houston, and it goes into my warehouse there at the Port of Houston. It's going to be warehoused for a little bit before it gets put on a boat. So, I decided to come up with an amendment to his emergency amendment, and when that cotton hits that warehouse, we're looking at my channel rats that eat on the cotton. So, I added an amendment for $25 million for the eradication of channel rats in Houston. I got a second from Senator Lindsay, and I think I had the votes to pass it, but we withdrew. I knew he was going to make his mark when he brought the boll weevil issue up. But then I knew, let me tell you the time when myself and Troy were Co-chairs of Redistricting. We went all over the state on the redistricting issue, and I remember, and Bob took some hits. All of us really took some hits, but I knew he was going to just excel when we went down to South Texas. I'm not going to say the town, but it was standing room only in that town on the Redistricting Committee hearing. And all of a sudden, there's a group come in with drums and bugles and all that. I could tell that Bob was getting a little, I've seen this before, but Bob and others on the committee were getting a little jitterish. And he probably thought, well, what's coming after the drums and the bugles, probably militia and cannons. Those people in South
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Senator Lucio:iiThank you Mr. President. Members, I proudly rise to second the nomination of Robert Duncan. And I have to because there's some stories that came up, and the boll weevil story's probably the best of all. The first rumble I had with this man was over the boll weevil funding, eradication funding, and, Bob, I didn't realize you all grew cotton in West Texas. But I tried to convince Robert that if we stopped them at the border, because they were coming over from Mexico, he wouldn't have to worry about boll weevils in West Texas. Anyway, he's a man that carries a big stick. He does speak softly, and I'm very proud to rise and join my colleagues. You do have a work ethic second to none. You're relentless in your pursuit of excellence. Robert, we're all very proud of having you on the Senate floor, and you took the place of another great statesman. You yourself told me that John Montford was a great time for you in your life, and I have to mention him because he had your style as well. And although there have been droughts in West Texas, one thing there hasn't been a drought for is great Senators like yourself. And we're proud to call you our colleague, and we're proud to work alongside of you for the good of Texas. Thank you, Robert.
The President declared that the Honorable Robert Duncan had been duly elected President Pro Tempore of the 81st Legislature by a rising vote.
The President appointed the following committee to escort Senator Duncan and his family to the President's Rostrum:iiSenators Harris, Chair; Seliger, Shapleigh, West, and Zaffirini.
Senator Duncan and his party were then escorted to the President's Rostrum by the committee.
OATH OF OFFICE ADMINISTERED
The President administered the Constitutional Oath of Office to Senator Duncan as follows:
I, Robert Duncan, do solemnly swear, that I will faithfully execute the duties of the office of President Pro Tempore of the Senate of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this state, so help me God.
Tuesday, January 13, 2009 SENATE JOURNAL 17
ADDRESS BY PRESIDENT PRO TEMPORE
President Pro Tempore Duncan addressed the Senate as follows:
It's a great honor to be here and to be nominated and elected President Pro Tem of the Texas Senate. The Texas Senate is the greatest institution and the greatest deliberative body in the world. I have the greatest and utmost respect for each and every one of the Members of the Texas Senate and their families that make the sacrifice for you being able to serve in this great body. I'm very grateful for my family, Lindsey and Matthew, who have lived through politics all of their life, and the fact that their dad was away from here, and who have supported me in every way in this position. I really have to say thank you to my immediate family, my sister Frankie and Tom Locke, who are here today. I want to introduce Grant Burge, who is Lindsey's friend. Grant, you all stand up a little bit, and let everybody see you. That's not necessarily an endorsement, Grant, but it will get you close. We have, my other sisters who can't be here, but who have played a role in my life, Carol Wright of Plainview and her husband, Tim; Mary Duncan of Washington, D.C.; and Jill Duncan, who lives here in Austin. Also, you don't do this job without sacrificing your business at home and my partners at the firm of Crenshaw, Dupree & Milam, which, by the way, is 100 years old this year, and had one of the first Senators from Lubbock. Senator Bledsoe was a member of that firm back in the early 1900s. Without their help and support, I couldn't do this job. My secretary, Dede Kirkpatrick, and her husband, Eddie–Dede is actually a Senate staffer. She just doesn't know it. She handles all of the things. And then, we don't get to where we want to be without our staffs, and you know, Senator Averitt mentioned the notion of being a staffer and how important that is, but all of us look good because of what our staffs do for us. And so, I have the highest respect for all of our staffs. John Montford was a great mentor for me, and he said, whenever I was a staff member, he said, you know, the greatest club in the world is the Texas Senate. Everyone ought to have an opportunity to do it. And, you know what, he was right. I want to thank each and all of the persons for your nice things that you said in your speeches. I'll try not to disappoint you, and I'm glad that I'm being nominated in the beginning of the session and not the end of the session. May God bless Texas.
VIDEO RELEASE POLICY WAIVED
On motion of Senator Whitmire and by unanimous consent, the Senate policy that governs the release of recordings of the Senate proceedings was waived in order to grant the request of President Pro Tempore Duncan for a DVD of today's session.
SENATE RESOLUTION 4
Senator Lucio offered the following resolution:
WHEREAS, The Senate of the State of Texas is pleased to recognize His Eminence, Daniel Cardinal DiNardo, Archbishop of Galveston-Houston, and to congratulate him on his appointment as the first Roman Catholic Cardinal in the American South; and
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WHEREAS, The son of Nicholas and Jane DiNardo, Cardinal DiNardo was born on May 23, 1949, in Steubenville, Ohio, and grew up in neighboring Pittsburgh; after earning his bachelor's and master's degrees in philosophy from The Catholic University of America, this gifted scholar went on to study theology in Rome at the Pontifical Gregorian University and the Augustinianum; he was ordained in 1977 and served in the Diocese of Pittsburgh as a parochial vicar, an assistant chancellor, and a professor at Saint Paul Seminary; and
WHEREAS, An appointment to the Vatican Congregation for Bishops took Cardinal DiNardo back to Rome in 1984; six years later, he requested to return to pastoral duties in the United States, and the bishop of Pittsburgh eventually selected him to found the new parish of Saints John and Paul; in addition, he served as an assistant spiritual director at Saint Paul Seminary and taught in the formation program for priests; and
WHEREAS, In 1997, Cardinal DiNardo was ordained bishop of the Diocese of Sioux City, Iowa; his achievements as a theologian, pastor, educator, and administrator led to his appointment in 2004 as coadjutor bishop of Galveston-Houston; the diocese gained the status of a metropolitan archdiocese later that year, and Cardinal DiNardo succeeded Archbishop Joseph Fiorenza on the Archbishop's retirement; on November 24, 2007, he was elevated to the College of Cardinals, a historic milestone for the archdiocese, which encompasses 10 counties and 1.5 million Catholics within its boundaries; and
WHEREAS, Cardinal DiNardo has won wide admiration throughout his career for his insightful sermons, deep compassion, and humble, engaging manner; in guiding the Galveston-Houston Archdiocese, he has made administrative appointments that reflect the area's diversity and has fostered a unity of faith among people of varied ethnic backgrounds; while shepherding a growing flock in South Texas, he also shares his expertise through the United States Conference of Catholic Bishops as an advisor to the National Association of Pastoral Musicians and as a member of the Ad Hoc Committee to Oversee the Use of the Catechism, and serves on the board of The Catholic University of America and with the National Catholic Partnership on Disability; and
WHEREAS, The inspiring spiritual leadership of Cardinal DiNardo has ushered in an exciting era for the Galveston-Houston Archdiocese, and his appointment as the first Roman Catholic Cardinal in the southern United States has gladdened the hearts of many people of faith; now, therefore, be it
RESOLVED, That the Senate of the State of Texas, 81st Legislature, hereby congratulate His Eminence, Daniel Cardinal DiNardo, Archbishop of Galveston-Houston, on his elevation to the College of Cardinals and welcome him to the State Capitol.
SR 4 was read.
On motion of Senator Hinojosa and by unanimous consent, the names of the Lieutenant Governor and Senators were added to the resolution as signers thereof.
On motion of Senator Lucio, the resolution was adopted without objection.
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Senator Lucio was recognized and introduced to the Senate His Eminence Daniel Cardinal DiNardo, Archbishop of Galveston-Houston, accompanied by Bishop Gregory Aymond of Austin.
The Senate welcomed its guests.
RESOLUTIONS OF RECOGNITION
The following resolutions were adopted by the Senate:
SRi2iby Shapleigh,iRecognizing the Honorable Paul Moreno of El Paso for his contributions as a Member of the Texas House of Representatives.
SRi3iby Patrick,iHonoring election volunteers on the occasion of Volunteers for Democracy Day.
SRi6iby Watson,iRecognizing Diane Vasquez on the occasion of her retirement from the Texas Department of Criminal Justice.
Official Designation Resolution
SRi5iby Hegar,iDeclaring January 26, 2009, VC Pirates Day in Texas.
On motion of Senator Whitmire, the Senate at 1:41 p.m. adjourned, in memory of Lieutenant Zachary Cook, who died in a helicopter crash in College Station, until 11:00 a.m. tomorrow.
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