SENATE JOURNAL

EIGHTY-FIRST LEGISLATURE — REGULAR SESSION


AUSTIN, TEXAS


PROCEEDINGS


SEVENTH DAY

(Tuesday, February 3, 2009)

The Senate met at 11:00 a.m. pursuant to adjournment and was called to order by President Pro Tempore Duncan.

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

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

The Reverend Peter K. Ng'ang'a, Baraka Anglican Church, Austin, offered the invocation as follows:

Let us pray. Eternal God, Your everlasting mercy rises new every morning. Your faithfulness and generous love supplies us with the fruits of the earth in their seasons. You are the source of all wisdom and justice. You are God of might and unfailing power. You give vigor to the weary and fresh hope to the exhausted. We acknowledge Your Lordship. Grant that trusting in Your Lordship, this 81st legislative session of the State of Texas shall this day be conducted through the knowledge that comes from You. May all the deliberations be conducted with wisdom, sensitivity, and a spirit of discernment. May all difficult issues be tackled with truth and love, all for the good governance of the state, unity of its citizens, and for the glory of Your name. 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.

CO-AUTHORS OF SENATE BILL 41

On motion of Senator Zaffirini, Senators Eltife, Hegar, and Hinojosa will be shown as Co-authors of SBi41.

CO-AUTHOR OF SENATE BILL 61

On motion of Senator Zaffirini, Senator VanideiPutte will be shown as Co-author of SBi61.

CO-AUTHOR OF SENATE BILL 102

On motion of Senator Lucio, Senator Davis will be shown as Co-author of SBi102.

CO-AUTHORS OF SENATE BILL 105

On motion of Senator Hinojosa, Senators Lucio and Whitmire will be shown as Co-authors of SBi105.

CO-AUTHOR OF SENATE BILL 280

On motion of Senator Nelson, Senator Davis will be shown as Co-author of SBi280.

CO-AUTHOR OF SENATE BILL 283

On motion of Senator Nelson, Senator Lucio will be shown as Co-author of SBi283.

CO-AUTHOR OF SENATE BILL 421

On motion of Senator VanideiPutte, Senator Carona will be shown as Co-author of SBi421.

CO-AUTHOR OF SENATE BILL 544

On motion of Senator Ellis, Senator Carona will be shown as Co-author of SBi544.

CO-AUTHORS OF SENATE BILL 553

On motion of Senator Lucio, Senators Carona, Davis, Ellis, Deuell, and Wentworth will be shown as Co-authors of SBi553.

MESSAGE FROM THE GOVERNOR

The following Message from the Governor was read and was filed with the Secretary of the Senate:

Austin, Texas

February 3, 2009

OFFICIAL MEMORANDUM

STATE OF TEXAS

OFFICE OF THE GOVERNOR

TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE EIGHTY-FIRST TEXAS LEGISLATURE, REGULAR SESSION:

I, RICK PERRY, Governor of the State of Texas, pursuant to Article III, Section 5, of the Texas Constitution and by this special message, do hereby submit the following emergency matters for immediate consideration to the Senate and House of Representatives of the 81st Legislature, now convened:

Legislation making appropriations to state agencies and institutions to pay for costs associated with the hurricanes of 2008.

Legislation assisting public and private entities with recovery from the hurricanes of 2008.

130 81st Legislature — Regular Session 7th Day


Legislation reforming the Texas Windstorm Insurance Association.

Legislation funding the Catastrophe Reserve Trust Fund.

Legislation to reform and improve state schools and centers operated by the Department of Aging and Disability Services and the Intermediate Care Facilities for Persons with Mental Retardation component of Rio Grande State Center operated by the Department of State Health Services.

Legislation providing state appropriations to the Texas Department of Criminal Justice to implement contraband and personnel screening technology; mobile contraband screening units; a complete video surveillance system for the Polunsky Unit, comprehensive security equipment for maximum-security facilities; and/or video surveillance systems at all remaining correctional facilities.

Respectfully submitted,

/s/Rick Perry

Governor

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

February 3, 2009

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:

THE HOUSE HAS PASSED THE FOLLOWING MEASURES:

HCR 32, Inviting the chief justice of the Supreme Court of Texas to address a joint session of the legislature on February 11, 2009.

Respectfully,

/s/Robert Haney, Chief Clerk

House of Representatives

PHYSICIAN OF THE DAY

Senator Van de Putte 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.

Tuesday, February 3, 2009 SENATE JOURNAL 131


GUESTS PRESENTED

Senator Nichols, joined by Senator Deuell, was recognized and introduced to the Senate a delegation of citizens from Cedar Creek Lake.

The Senate welcomed its guests.

SENATE RESOLUTION 78

Senator Nelson offered the following resolution:

WHEREAS, The Senate of the State of Texas is pleased to recognize February 3, 2009, as Junior Achievement Day at the Texas Capitol; and

WHEREAS, Junior Achievement is a volunteer organization designed to assist schools with educating students and preparing them for adult life; and

WHEREAS, Through a partnership with the public schools of Texas, Junior Achievement volunteers deliver research-based lessons in classrooms and after-school programs at all levels, from kindergarten through grade 12; and

WHEREAS, Junior Achievement has 17,000 trained volunteers who serve more than 375,000 Texas students; and

WHEREAS, Junior Achievement initiatives help students gain a better understanding of the importance of staying in school, the value of college, and the necessity of preparing oneself for the future; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 81st Legislature, hereby commend Junior Achievement volunteers for their hard work and many accomplishments and extend best wishes to all associated with the organization for an enjoyable Junior Achievement Day at the Texas Capitol; and, be it further

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

SR 78 was read and was adopted without objection.

GUESTS PRESENTED

Senator Nelson was recognized and introduced to the Senate a group of students representing Junior Achievement Day at the Texas Capitol.

The Senate welcomed its guests.

Senator Nelson was again recognized and introduced to the Senate a group of physicians representing First Tuesdays at the Capitol.

The Senate welcomed its guests.

SENATE RESOLUTION 83

Senator Deuell offered the following resolution:

WHEREAS, The Senate of the State of Texas is pleased to recognize February 3, 2009, as Entertainment Software Day in Texas; and

WHEREAS, Entertainment software has become a recognized part of our cultural landscape, with nearly two-thirds of our nation's households playing computer and video games, and with the average game player being 35 years old; and

132 81st Legislature — Regular Session 7th Day


WHEREAS, Not only does the technology utilized in computer and video games continue to provide entertainment, but it helps make positive advances in tools used in the medical, health care, and human resources industries and improves our nation's defense capabilities; and

WHEREAS, Texas ranks third nationwide in computer and video game development, and the entertainment software industry provides over 2,000 direct jobs and over 5,000 indirect jobs for Texas residents; and

WHEREAS, Academic facilities, such as Guildhall at Southern Methodist University, Texas A&M University's Department of Visualization, Austin Community College's Technical Certification Program in Video Game Development, and the Videogame Archive at The University of Texas at Austin, provide educational and research opportunities and curricula that develop some of the entertainment software industry's top talent; and

WHEREAS, The entertainment software industry is committed to help parents make informed game decisions for their families through the work of its successful rating system, the Entertainment Software Rating Board, lauded by the Federal Trade Commission as the most comprehensive and effective entertainment ratings system, and by voluntarily providing parental control technology in its latest generation of game consoles; and

WHEREAS, New research shows that computer and video games often provide children with opportunities to develop their problem solving and cognitive reasoning abilities and provide older players with improved memory, reasoning, and multi-tasking abilities; computer and video games are also increasingly providing players of all ages with options to increase physical activity; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 81st Legislature, hereby designate February 3, 2009, as Entertainment Software Day in Texas; and, be it further

RESOLVED, That a copy of this Resolution be prepared in honor of Entertainment Software Day.

SR 83 was read and was adopted without objection.

GUESTS PRESENTED

Senator Deuell was recognized and introduced to the Senate a delegation representing Entertainment Software Day in Texas.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator Fraser was recognized and introduced to the Senate a delegation of students from Howard Payne University in Brownwood.

The Senate welcomed its guests.

MESSAGES FROM THE GOVERNOR

The following Messages from the Governor were read and were referred to the Committee on Nominations:

Tuesday, February 3, 2009 SENATE JOURNAL 133


February 3, 2009

Austin, Texas

TO THE SENATE OF THE EIGHTY-FIRST LEGISLATURE, REGULAR SESSION:

I ask the advice, consent and confirmation of the Senate with respect to the following appointments:

To be members of the Texas Agricultural Finance Authority Board of Directors for terms to expire January 1, 2011:

Darwin "Dal" DeWees

San Angelo, Texas

Ted F. Conover

Tyler, Texas

Stan Ray

Georgetown, Texas

Lisa Ann Lackey Birkman

Round Rock, Texas

(the individuals listed above are being reappointed)

To be a member of the Upper Neches River Municipal Water Authority for a term to expire February 1, 2015:

Jesse D. Hickman

Palestine, Texas

(Mr. Hickman is being reappointed)

To be a member of the State Soil and Water Conservation Board for a term to expire February 1, 2011:

Joe L. Ward

Telephone, Texas

(Mr. Ward is being reappointed)

To be members of the Rio Grande Regional Water Authority Board of Directors for terms to expire February 1, 2013:

Joe A. Pennington

Raymondville, Texas

(replacing Glenn Wilde of Lyford whose term expired)

Dario V. Guerra, Jr.

Edinburg, Texas

(Mr. Guerra is being reappointed)

Sonny Hinojosa

Edinburg, Texas

(Mr. Hinojosa is being reappointed)

Frank "Jo Jo" White

Progreso Lakes, Texas

(Mr. White is being reappointed)

134 81st Legislature — Regular Session 7th Day


Jimmie E. Steidinger

Donna, Texas

(Mr. Steidinger is being reappointed)

Sonia Kaniger

San Benito, Texas

(Ms. Kaniger is being reappointed)

Joe A. Barrera III

Brownsville, Texas

(Mr. Barrera is being reappointed)

To be a member of the Sulphur River Regional Mobility Authority for a term to expire February 1, 2011:

Donald Ray Wall

Paris, Texas

(Mr. Wall is being reappointed and will serve as presiding officer of the board)

To be a member of the Prepaid Higher Education Tuition Board for a term to expire February 1, 2015:

Stephen Nations Mueller

Cypress, Texas

(Mr. Mueller is replacing Theresa Chang of Houston whose term expired)

To be a member of the State Cemetery Committee for a term to expire February 1, 2015:

Scott Philen Sayers, Jr.

Austin, Texas

(Mr. Sayers is being reappointed and will serve as the presiding officer of the committee)

To be members of the Texas Woman's University Board of Regents for terms to expire February 1, 2015:

Lola Chriss

Rowlett, Texas

(replacing Tegwin Pulley of Dallas whose term expired)

Ann Scanlon McGinity

Pearland, Texas

(replacing William Fleming of Houston whose term expired)

Sue Schrier Bancroft

Argyle, Texas

(replacing Harry Crumpacker of Prosper who was reappointed to fill an unexpired term)

To be the Injured Employee Public Counsel for a term to expire February 1, 2011:

Norman W. Darwin

Weatherford, Texas

(Mr. Darwin is being reappointed)

Tuesday, February 3, 2009 SENATE JOURNAL 135


To be a member of the Executive Council of Physical Therapy and Occupational Therapy Examiners for a term to expire February 1, 2011:

Arthur Roger Matson

Georgetown, Texas

(Mr. Matson is being reappointed)

To be members of the Advisory Board of Athletic Trainers for terms to expire Januaryi31, 2015:

Martin Ray Akins

Austin, Texas

(replacing Lawrence Sampleton of Austin whose term expired)

Rebecca Spurlock

North Richland Hills, Texas

(Ms. Spurlock is being reappointed)

Respectfully submitted,

/s/Rick Perry

Governor

RESOLUTIONS SIGNED

President Pro Tempore Duncan announced the signing of the following enrolled resolutions in the presence of the Senate:iiSCRi8, HCRi20.

HOUSE CONCURRENT RESOLUTION 32

President Pro Tempore Duncan laid before the Senate the following resolution:

WHEREAS, Section 21.004(a), Government Code, provides: "At a convenient time at the commencement of each regular session of the legislature, the chief justice of the supreme court shall deliver a written or oral state of the judiciary message evaluating the accessibility of the courts to the citizens of the state and the future directions and needs of the courts of the state."; now, therefore, be it

RESOLVED by the 81st Texas Legislature, Regular Session, That the Senate and House of Representatives of the State of Texas meet in Joint Session in the Hall of the House of Representatives for that purpose on Wednesday, February 11, 2009, at 11ia.m.; and, be it further

RESOLVED, That the Honorable Wallace B. Jefferson, Chief Justice of the Supreme Court of Texas, be, and is hereby, invited to address the Regular Session of the 81st Legislature in Joint Session at that time.

WENTWORTH

HCR 32 was read.

On motion of Senator Wentworth and by unanimous consent, the resolution was considered immediately and was adopted by the following vote:iiYeasi31, Naysi0.

136 81st Legislature — Regular Session 7th Day


(Senator Carona in Chair)

GUESTS PRESENTED

Senator Duncan was recognized and introduced to the Senate a group of students from Lubbock Christian University who have been awarded a Tuition Equalization Grant: Laurel Helms, Jordan Tatum, Tiffany Greene, and Elias Garcia, accompanied by John King, Vice-president of University Relations; Mondy Brewer, Assistant Vice-president of Enrollment Management; and Landon Jackson, Assistant Dean of Students.

The Senate welcomed its guests.

RESOLUTIONS OF RECOGNITION

The following resolutions were adopted by the Senate:

Congratulatory Resolutions

SRi89iby Williams,iCongratulating the recipients of the 2008 Women of Achievement awards of the FamilyTime Crisis and Counseling Center.

HCRi25i(Eltife),iHonoring Paris Police Chief Karl Louis for his service and congratulating him on his retirement.

Official Designation Resolutions

SRi117iby Nichols and Deuell,iRecognizing February 3, 2009, as Cedar Creek Lake Day at the State Capitol.

SRi118iby Nichols,iRecognizing February 3 and 4, 2009, as Palestine Days at the State Capitol.

SRi119iby Deuell,iRecognizing January 30, 2009, as Chief Wilbur Montgomery Day.

ADJOURNMENT

On motion of Senator Whitmire, the Senate at 11:21ia.m. adjourned, in memory of the life of Charles Hardin "Buddy" Holley of Lubbock, until 11:00ia.m. tomorrow.


AAAPPENDIXAA


RESOLUTIONS ENROLLED

February 2, 2009

SCRi8, SRi60, SRi61, SRi90, SRi91, SRi92, SRi93, SRi94, SRi95, SRi96, SRi97, SRi98, SRi99, SRi100, SRi101, SRi102, SRi103, SRi104, SRi105, SRi106, SRi107, SRi108, SRi110, SRi111, SRi112, SRi113, SRi114, SRi115

Tuesday, February 3, 2009 SENATE JOURNAL 137


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