SENATE JOURNAL

EIGHTY-FIRST LEGISLATURE — REGULAR SESSION


AUSTIN, TEXAS


PROCEEDINGS


TWENTY-FOURTH DAY

(Thursday, March 19, 2009)

The Senate met at 10:14 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, Lucio, Nelson, Nichols, Patrick, Seliger, Shapiro, Shapleigh, Uresti, VanideiPutte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

Absent-excused:iiJackson, Ogden.

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

Dr. Charles Whitmire, Austin, offered the invocation as follows:

Dear heavenly Father, in the entire history of the universe, there has never been a day before exactly like this one. Yesterday is now a thing of the past and tomorrow seems very distant in the future. Help us to embrace and live fully in this moment today. Help us to slow down long enough to enjoy every opportunity that You have placed before us. As we start this day, we pause to reflect and remind ourselves that You are God and we are not. It is Your hands that created everything. You spoke and everything came into being. Today, we gladly ask for Your help with the business at hand. We seek Your counsel and ask that You fill us with Your wisdom. We also pause to remember that we are not alone. Thank You for giving us the opportunity to serve this great state. Help us to recognize and appreciate that there are many people in Texas that count on us today. Help us to balance our desires with theirs. Finally, we ask that You bless our families and keep them safe while we are here serving Texas. It's in the name of Jesus Christ that I pray these things. 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.

LEAVES OF ABSENCE

On motion of Senator Whitmire, Senator Jackson was granted leave of absence for today on account of important business.

On motion of Senator Whitmire, Senator Ogden was granted leave of absence for today on account of important business.

CO-AUTHORS OF SENATE BILL 188

On motion of Senator Deuell, Senators Hinojosa and West will be shown as Co-authors of SBi188.

CO-AUTHOR OF SENATE BILL 346

On motion of Senator Nelson, Senator Shapleigh will be shown as Co-author of SBi346.

CO-AUTHOR OF SENATE BILL 576

On motion of Senator Davis, Senator Nelson will be shown as Co-author of SBi576.

CO-AUTHOR OF SENATE BILL 586

On motion of Senator Carona, Senator Deuell will be shown as Co-author of SBi586.

CO-AUTHORS OF SENATE BILL 594

On motion of Senator VanideiPutte, Senators Carona, Ellis, and Watson will be shown as Co-authors of SBi594.

CO-AUTHOR OF SENATE BILL 752

On motion of Senator Davis, Senator Nelson will be shown as Co-author of SBi752.

CO-AUTHOR OF SENATE BILL 902

On motion of Senator Davis, Senator Nelson will be shown as Co-author of SBi902.

CO-AUTHOR OF SENATE BILL 983

On motion of Senator Davis, Senator Deuell will be shown as Co-author of SBi983.

CO-AUTHOR OF SENATE BILL 1811

On motion of Senator Duncan, Senator Estes will be shown as Co-author of SBi1811.

CO-AUTHOR OF SENATE BILL 2251

On motion of Senator Zaffirini, Senator Hinojosa will be shown as Co-author of SBi2251.

CO-AUTHOR OF SENATE BILL 2403

On motion of Senator Davis, Senator Carona will be shown as Co-author of SBi2403.

610 81st Legislature — Regular Session 24th Day


MESSAGES FROM THE GOVERNOR

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

Austin, Texas

March 18, 2009

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 a member of the Finance Commission of Texas for a term to expire Februaryi1, 2012:

Darby Ray Byrd, Sr.

Orange, Texas

(Mr. Byrd is replacing John L. Snider of Center who resigned)

To be a member of the Texas Public Finance Authority for a term to expire Februaryi1, 2015:

Gary Eugene Wood

Lakeway, Texas

(Dr. Wood is being reappointed)

To be members of the Texas State Affordable Housing Corporation Board of Directors for terms to expire Februaryi1, 2015:

Robert Elliott Jones

Corpus Christi, Texas

(Mr. Jones is being reappointed)

A. Cynthia "Cindy" Leon

Mission, Texas

(replacing Jesse Coffey of Denton whose term expired)

Respectfully submitted,

/s/Rick Perry

Governor

Austin, Texas

March 18, 2009

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

On January 22, 2009, I submitted the name of Barbara S. Lorraine for appointment to the Board of Pardons and Paroles for a term to expire February 1, 2013.

Because she resigned, I hereby withdraw her nomination and request that the Senate return the appointment to me.

Respectfully submitted,

/s/Rick Perry

Governor

Thursday, March 19, 2009 SENATE JOURNAL 611


LETTER FROM SPEAKER OF THE HOUSE OF REPRESENTATIVES

The following letter from the Speaker of the House of Representatives was read and was referred to the Committee on Nominations:

HOUSE OF REPRESENTATIVES

Joe Straus

Speaker

March 10, 2009

The Honorable David Dewhurst

Lieutenant Governor

P.O. Box 12068

Austin, TX 78711-2068

Dear Governor Dewhurst:

In January of this year, Speaker Tom Craddick appointed Mr. Don E. Wood to serve on the Employees Retirement System of Texas Board of Trustees.

This appointment is subject to confirmation by the Senate.

I respectfully request the advice, consent, and the confirmation of the Senate with regard to the appointment of Mr. Wood for service in this role.

Respectfully,

/s/ Joe Straus

Speaker

CONCLUSION OF MORNING CALL

The President Pro Tempore at 10:18 a.m. announced the conclusion of morning call.

COMMITTEEiiSUBSTITUTE
SENATE BILL 188 ON THIRD READING

Senator Deuell moved to suspend the regular order of business to take up for consideration CSSBi188 at this time on its third reading and final passage:

CSSB 188, Relating to disease control programs to reduce the risk of certain communicable diseases.

The motion prevailed by the following vote:iiYeasi23, Naysi6.

Yeas:iiAveritt, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Gallegos, Harris, Hegar, Hinojosa, Lucio, Nelson, Nichols, Seliger, Shapleigh, Uresti, VanideiPutte, Watson, Wentworth, West, Whitmire, Zaffirini.

Nays:iiEstes, Fraser, Huffman, Patrick, Shapiro, Williams.

Absent-excused:iiJackson, Ogden.

The bill was read third time and was passed by the following vote:iiYeasi23, Naysi6. (Same as previous roll call)

612 81st Legislature — Regular Session 24th Day


COMMITTEEiiSUBSTITUTE
SENATE BILL 434 ON THIRD READING

On motion of Senator Wentworth and by unanimous consent, the regular order of business was suspended to take up for consideration CSSBi434 at this time on its third reading and final passage:

CSSB 434, Relating to the establishment and operation of a motor-bus-only lane pilot program in certain counties.

The bill was read third time.

Senator Wentworth offered the following amendment to the bill:

Floor Amendment No. 1 on Third Reading

Amend CSSB 434 on third reading (Senate committee printing), in SECTION 1 of the bill, as follows:

(1)iiIn added Section 455.006(a), Transportation Code (page 1, line 18), between "authorities" and the comma, insert "and with any municipality that has a mass transit department".

(2)iiIn added Section 455.006(b), Transportation Code (page 1, line 34), strike "and".

(3)iiIn added Section 455.006(b), Transportation Code (page 1, line 40), strike the period and substitute:

; and

(5)iibe limited only to motor buses operated by the mass transit authorities or municipal mass transit departments in the counties specified by Subsection (a).

The amendment to CSSB 434 was read and was adopted by a viva voce vote.

All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1 on Third Reading except as follows:

Absent-excused:iiJackson, Ogden.

On motion of Senator Wentworth and by unanimous consent, the caption was again amended to conform to the body of the bill as amended.

CSSB 434 as again amended was finally passed by the following vote:iiYeasi29, Naysi0.

Absent-excused:iiJackson, Ogden.

SENATE BILL 503 ON SECOND READING

On motion of Senator Eltife and by unanimous consent, the regular order of business was suspended to take up for consideration SBi503 at this time on its second reading:

SB 503, Relating to the required public notice of the name of each finalist for the position of superintendent of a public school district.

The bill was read second time and was passed to engrossment by the following vote:iiYeasi29, Naysi0.

Absent-excused:iiJackson, Ogden.

Thursday, March 19, 2009 SENATE JOURNAL 613


SENATE BILL 503 ON THIRD READING

Senator Eltife moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SBi503 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi28, Naysi1.

Nays:iiWentworth.

Absent-excused:iiJackson, Ogden.

Reason for Vote

Senator Wentworth submitted the following reason for vote on suspension of the Constitutional Three-day Rule:

I cast a "No" vote on the procedural motion to suspend the Constitutional Rule requiring that bills be read on three several days in order to take up and consider SBi503, because in my judgment no circumstance exists in this case to justify the extraordinary act of suspending a requirement of the Texas Constitution. The suspension of this Constitutional Rule has the direct and immediate effect of denying the people of Texas knowledge and notice of the passage of this measure until it has already been finally passed on third reading. Were we to have followed the requirement of the Texas Constitution, third reading and a vote on SBi503 would have occurred on the next legislative day, allowing for Texans to have learned through news reports of our second reading vote exactly what we had tentatively passed. Third reading and a vote on the next legislative day would also have allowed our professional staff an opportunity overnight to make sure any amendments passed on second reading are technically correct.

/s/Jeff Wentworth

Senator, District 25

The bill was read third time and was passed by the following vote:iiYeasi29, Naysi0.

Absent-excused:iiJackson, Ogden.

COMMITTEEiiSUBSTITUTE
SENATE BILL 445 ON THIRD READING

On motion of Senator Wentworth and by unanimous consent, the regular order of business was suspended to take up for consideration CSSBi445 at this time on its third reading and final passage:

CSSB 445, Relating to juror questions and juror note-taking during civil trials.

The bill was read third time and was passed by the following vote:iiYeasi29, Naysi0.

Absent-excused:iiJackson, Ogden.

614 81st Legislature — Regular Session 24th Day


REMARKS ORDERED PRINTED

On motion of Senator Shapleigh and by unanimous consent, the exchange between Senators Wentworth and Shapleigh regarding CSSBi445 was ordered reduced to writing and printed in the Senate Journal as follows:

Senator Shapleigh:iiThere's been quite a bit of literature and now appeals with respect to Twitter, with respect to accessing Google off electronic devices, PDAs, both in the jury box and the deliberation room, and your intent is not at all to alter any of those rules and to continue to let the Supreme Court set the rules with respect to the use of electronic devices in the courtroom. Is that correct?

Senator Wentworth:iiI'm hopeful, Senator, based on the language in this bill that talks about the bailiff retrieving the notes every day and their being destroyed at the end of the trial, that they can, by implication, rule that those sorts of cellular phones and personal digital assistants are barred from being used as the medium that they take notes on.

PHYSICIAN OF THE DAY

Senator Davis was recognized and presented Dr. Joane Baumer of Fort Worth as the Physician of the Day.

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

(President in Chair)

SENATE BILL 759 ON SECOND READING

On motion of Senator Williams and by unanimous consent, the regular order of business was suspended to take up for consideration SBi759 at this time on its second reading:

SB 759, Relating to certain standards for group-administered achievement tests used by school districts.

The bill was read second time and was passed to engrossment by a viva voce vote.

All Members are deemed to have voted "Yea" on the passage to engrossment except as follows:

Absent-excused:iiJackson, Ogden.

SENATE BILL 759 ON THIRD READING

Senator Williams moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SBi759 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi28, Naysi1.

Nays:iiWentworth.

Absent-excused:iiJackson, Ogden.

Thursday, March 19, 2009 SENATE JOURNAL 615


Reason for Vote

Senator Wentworth submitted the following reason for vote on suspension of the Constitutional Three-day Rule:

I cast a "No" vote on the procedural motion to suspend the Constitutional Rule requiring that bills be read on three several days in order to take up and consider SBi759, because in my judgment no circumstance exists in this case to justify the extraordinary act of suspending a requirement of the Texas Constitution. The suspension of this Constitutional Rule has the direct and immediate effect of denying the people of Texas knowledge and notice of the passage of this measure until it has already been finally passed on third reading. Were we to have followed the requirement of the Texas Constitution, third reading and a vote on SBi759 would have occurred on the next legislative day, allowing for Texans to have learned through news reports of our second reading vote exactly what we had tentatively passed. Third reading and a vote on the next legislative day would also have allowed our professional staff an opportunity overnight to make sure any amendments passed on second reading are technically correct.

/s/Jeff Wentworth

Senator, District 25

The bill was read third time and was passed by the following vote:iiYeasi29, Naysi0.

Absent-excused:iiJackson, Ogden.

SENATE RULE 11.13 SUSPENDED

(Consideration of Bills in Committees)

On motion of Senator Williams and by unanimous consent, Senate Rule 11.13 was suspended to grant all committees permission to meet while the Senate was meeting today.

SENATE RULE 11.10(a) SUSPENDED

(Public Notice of Committee Meetings)

On motion of Senator Eltife and by unanimous consent, Senate Rule 11.10(a) was suspended in order that the Committee on Nominations might meet today.

MOTION TO ADJOURN

On motion of Senator Whitmire and by unanimous consent, the Senate at 10:55ia.m. agreed to adjourn, upon completion of the introduction of bills and resolutions on first reading, until 1:30 p.m. Monday, March 23, 2009.

RESOLUTIONS OF RECOGNITION

The following resolutions were adopted by the Senate:

Memorial Resolutions

SRi467iby Estes,iIn memory of John D. Moseley of Sherman.

SRi478iby Williams,iIn memory of John Andrew Collins of The Woodlands.

616 81st Legislature — Regular Session 24th Day


Congratulatory Resolutions

SRi446iby VanideiPutte,iRecognizing the Braille Revival League of Texas for its work in fostering the use of Braille.

SRi466iby VanideiPutte,iRecognizing the Bexar County Juvenile Probation Department on the occasion of its 100th anniversary.

SRi468iby Davis,iCongratulating Becky Moeller for being elected president of the Southern Region of the AFL-CIO.

SRi469iby Ellis,iRecognizing Geneva Brown Zachary on the occasion of her 89th birthday.

SRi470iby Ellis,iRecognizing the Thurgood Marshall Legal Society at The University of Texas School of Law for its contributions to the community.

SRi471iby Ellis,iRecognizing the Houston Parks and Recreation Department on the occasion of the renaming of the Cloverland Community Center as the Bessie Swindle Community Center.

SRi472iby Ellis,iRecognizing Raul Humberto Yzaguirre for his contributions to our country.

SRi473iby Ellis,iCongratulating Marcus and Audrey Cosby of Houston on the birth of their daughter, Aliyah Marie Cosby.

SRi474iby Nelson and Harris,iRecognizing PediPlace on the occasion of its 15th anniversary.

SRi475iby Nelson,iRecognizing the Texas Board of Nursing on the occasion of its 100th anniversary.

SRi476iby Nelson,iRecognizing the boys basketball team of Ponder High School in Ponder for winning a Class 2A state championship.

Official Designation Resolutions

SRi445iby VanideiPutte,iRecognizing May 16 through 22, 2009, as Safe Boating Week in Texas.

SRi465iby VanideiPutte,iRecognizing April 29, 2009, as The University of Texas Health Science Center San Antonio Day.

SRi477iby Nelson, Averitt, Carona, Deuell, Duncan, Eltife, Estes, Fraser, Harris, Hegar, Huffman, Jackson, Nichols, Ogden, Patrick, Seliger, Shapiro, Wentworth, and Williams,iProclaiming April 16, 2009, Texas Federation of Republican Women Legislative Day at the State Capitol.

RECESS

On motion of Senator Whitmire, the Senate at 10:56ia.m. recessed until 10:00ia.m. tomorrow.

Thursday, March 19, 2009 SENATE JOURNAL 617



AAAPPENDIXAA


COMMITTEE REPORTS

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

March 19, 2009

BUSINESS AND COMMERCE — SBi731, SBi538, SBi507, CSSBi470

INTERGOVERNMENTAL RELATIONS — SBi764, CSSBi820

CRIMINAL JUSTICE — SBi223, SBi554, CSSBi839

JURISPRUDENCE — SBi82, SBi491, SBi518, SBi658, SBi659, SBi742, SBi780, SBi812

HIGHER EDUCATION — SBi596, CSSBi297

BILLS ENGROSSED

March 18, 2009

SBi52, SBi90, SBi362, SBi555, SBi987

RESOLUTIONS ENROLLED

March 18, 2009

SRi378, SRi438, SRi448, SRi449, SRi450, SRi451, SRi452, SRi453, SRi454, SRi455, SRi456, SRi457, SRi458, SRi459, SRi460, SRi461, SRi462, SRi463, SRi464

618 81st Legislature — Regular Session 24th Day


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