Senate Transcript, March 14, 2011

SENATOR OGDEN: The Senate will come to order. The secretary will call the roll.

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, west, Whitmire, Williams, Zaffirini.

SENATOR OGDEN: A quorum is present. All on the floor and in the gallery please rise for the invocation to be delivered by Reverend Elizabeth Turner, St. Mark's Episcopal Church of Austin.

PASTOR: Blessed are You, Lord, our God, King of the universe. You are a compassionate God, a forgiving God, a just God and a merciful God. We ask for your presence and your blessing upon this assembly of the Texas State Senate. We pray for the senators, that they may be given a spirit of wisdom, charity and justice. That a steadfast purpose they may faithfully serve in their elected position to promote the well-being of the people of this state. In their deliberations help them to order the affairs of the state with both justice and mercy. In these difficult times, grant them the wisdom and courage to legislate in a way that to promote the common good with which they have been entrusted. Keep the mindful always of the needs of the people they have been elected to serve but particularly those who are most vulnerable, who lives in the shadows of life. Grant this legislative body a spirit of civility that will enable them to aim first for the reconciliation of differences rather than the triumph of victory. We remember before you this afternoon those who live beyond the borders of our state and nation, those who are engaged in struggles for freedom and peace, those who are recovering from natural disasters. And finally we give thanks to You, our creator, for your enumerable blessings. Oh, God of all compassion, all mercy and all justice, make us worthy stewards of the bounty You have showered upon us. Amen.

SENATOR OGDEN: Thank you, Reverend. Gallery may be seated. Senator Estes is recognized for an introduction.

SENATOR ESTES: Thank you, Mr. President and members. Today, I have two people that are very special to me. Please welcome to the Texas Senate my aunt, Ruth Estes, and my cousin, Jamie Estes. Thank y'all for being here.

SENATOR OGDEN: Senator Whitmire moves to suspend for the readings of yesterday's journal. Is there objection? The Chair hears none, so ordered. Following message from the governor. The secretary will read the message.

PATSY SPAW: To the Senate of the 82nd 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 Water Development Board, Billy R. Bradford, Jr., Brownsville; Mony D. Cluck, Groover. To be members of the Texas Racing Commission, Gloria Hicks, Corpus Christi; Robert Schmidt, Fort Worth. To be members of the Texas Historical Commission Earl P. Broussard, Jr., West Lake Hills; Matthew S. Greasal, III, Austin; Frank Tom Pereny, Buffalo Gap; Judy C. Richardson, Coldwell; Daisy White, Houston. To be members -- to be a member of the Texas Veterans Commission Daniel P. Maran, Cypress; and to be the Canadian River Compact Commissioner, James E. Herring, Amarillo. Respectfully submitted, Rick Perry, governor of Texas. To nominations.

SENATOR OGDEN: The following message from the chief justice of the Supreme Court.

PATSY SPAW: Supreme Court of the Texas has made the following appointment to the State Commission on Judicial Conduct which requires the advice and consent of the Senate, which I request. The Honorable David Bradford Grauteny, Justice, 9th Court of Appeals, Beaumont, Texas; respectfully submitted Wallace B. Jefferson, chief justice of the Supreme Court of Texas. To nominations.

SENATOR OGDEN: Mr. Doorkeeper.

MR. DOORKEEPER: Mr. President, there is a message from the House.

SENATOR OGDEN: Admit the messenger.

MESSENGER: Mr. President, I'm directed by the House to inform the Senate the House has taken the following action: The House has passed the following measures. HCR76 by King of Taylor in memory of William B. Decker of Abilene. SCR24 by Whitmire granted legislature permission to adjourn for more than three days during the period beginning on Wednesday, March 9th, 2011, and ending on March 9th --

SENATOR OGDEN: Thank you. Following bills and resolutions on first reading and reference to committee. The secretary will read the bills and resolutions.

PATSY SPAW: Senate Bill 4 by Shapiro. Relating to certification by performance continuing education and appraisal of public schoolteachers. To Education. Senate Bill 5 by Zaffirini. Relating to public institutions of higher education including the administration operation, financial management and reporting requirements of those institutions. To Higher Education. Senate Bill 6 by Shapiro. Relating to the foundation curriculum establishment of the material allotment and the adoption, review and purchase of instructional materials and technological equipment for public schools. To Education. Senate Bill 13 by Huffman. Relating to the reform of certain remedies and procedures and civil actions. To State Affairs. Senate Bill 15 by Fraser. Relating to state energy policy and the planning of energy development and utilization. To Natural Resources. Senate Bill 20 by Williams. Relating to grant program for certain natural gas motor vehicles. To Transportation and Homeland Security. Senate Bill 22 by Shapiro. Relating to public school finance. To Finance. Senate Bill 1312 by Van de Putte. Relating to certain criminal and civil consequences of trafficking of persons compelling prostitution and certain other related criminal offenses. To Criminal Justice. Senate Bill 1436 by Van de Putte. Relating to creating the offense of continuous trafficking of persons. To Criminal Justice.

SENATOR OGDEN: The Chair recognizes Senator Wentworth to introduce the doctor of the day.

SENATOR WENTWORTH: Thank you, Mr. President. Mr. President and members, it's my privilege to introduce our physician of the day Dr. Mitchell Frank Finny. Born in Georgetown Dr. Finny currently lives in San Antonio where he has his solo private practice. A graduate of the Baylor College of Medicine, Dr. Finny completed his residency in Waco at the McClenon County Medical Education Foundation. A member of the American Board of Family Practice, Dr. Finny is currently treasurer of the Alamo chapter of the Texas Academy of Family Physicians. A veteran athlete, Dr. Finny competed in the Iron Man world championship in Kona, Hawaii last October. His son Matt is a senior in high school, and today he's joined by his wife Christy and his nephew Steven Toledo. This is the sixth time, members, that Dr. Finny's been physician of the day. Please join me in welcoming him to the Texas Senate.

SENATOR OGDEN: Following resolution by Patrick. The secretary will read the resolution.

PATSY SPAW: Senate Resolution 503 commending the Patriot Guard Riders on their commitment to supporting the families of veterans and active duty military members. By Patrick.

SENATOR OGDEN: Chair recognizes Senator Patrick.

SENATOR PATRICK: Thank you, Mr. President. Members, if I could have your attention for one moment because this is a serious issue. The Patriot Guard Riders are with us today and gentlemen, ladies, would you stand in the gallery? Members, the Patriot Guard Riders began in Kansas in 2005 with 14 members and today they are 250,000 members across the United States. They provide an escort -- they provide an escort for fallen U.S. servicemen and women, both active and retired. They act as a shield to protect the families from protesters and disrespectful actors. They serve at the request of the families. They represent a diverse membership that includes all political parties and ideologies. Veterans as well as not military citizens, motorcycle riders and nonriders. Once again, it began in 2005 with 14 patriots and today is over 250,000. Each mission, the Patriot Guard Riders undertakes two basic objectives: To show our sincere respect for our fallen heroes, their families and their communities, shield the mourning family and friends from the interruptions of protesters or groups of protesters. The motto is standing for those who stood for us. And I proudly wear your pin today. Thank you, gentlemen and ladies, for what you do for our fallen soldiers. You have brought a great honor to our state and our country by standing in the gap on behalf of all of us who stand on the Senate floor for every funeral that we are not able to attend. So, thank you very much.

SENATOR OGDEN: Chair recognizes Senator Duncan on the resolution.

SENATOR DUNCAN: Thank you, Mr. President and members. Senator Patrick, I want to recognize this group. I know in my district, especially back in days when there was a group that was starting to protest funerals of our fallen soldiers, and I recall going to one of those services in Lubbock, Texas. And these folks were there to protect that family and this was a family that had lost two young men, two sons in the Iraq war. And it was really neat to see what they did to bring not only protection but also, I think, comfort to those families. So, I want to express my appreciation as well for what they've done for all of our fallen veterans but also those in Lubbock and South Plains area.

SENATOR OGDEN: Chair recognizes Senator Birdwell on the resolution.

SENATOR BIRDWELL: Thank you, Mr. President. Members, I too wish to add my endorsement to Senator Patrick's resolution. The duty that you guys do, the service that you provide to our men and women in uniform, as a veteran that I know someday too I will be laid to rest in one of our cemeteries in our nation. Again, things that you do for us, you lend a final dignity and honor to sometimes those who have died in a very undignified way in serving the nation. So, thank you for that final memorial that you provide and that incredible service that you provide to the family members of those that have lost loved ones. Thank you very much.

SENATOR OGDEN: Senator Patrick moves adoption of Senate Resolution 503. Is there objection? Chairs hears none, the resolution is adopted.

SENATOR PATRICK: Thank you, Mr. President.

SENATOR OGDEN: Chair recognizes Senator Hinojosa for an introduction.

SENATOR HINOJOSA: Thank you, Mr. Chairman and members. I would like to introduce a very special group of people. We have Girl Scout Troop 162 from Mission. It is called the Capitol Caravan Troop 162. They're in the southeast gallery. When called, please stand. Girl Scout Troop 162 began in 1991 when many of the girls were in kindergarten and Daisy Scouts. Now many of the girls are sophomores and freshmans in high school. They have been in Girl Scouts for over ten years. This year they sold close to 6,000 boxes of Girl Scout cookies. They're using some of these products to come to Austin for spring break. Troop 162 has been very active in the community such as serving Thanksgiving dinner at the Salvation Army, helping at a pet rescue shelter on Saturdays and made 100 goody bags for the homeless shelter for Christmas. The girls that are attending is Girl Scout Maxine Rodriguez who sold 500 boxes of cookies, 10th grade, her mother is Joanne Rodriguez. The Girl Scout Samantha Sanchez who sold 1,000 boxes of cookies, 9th grade student, her mother is Yolanda Sanchez. Girl Scout Monica Salentoe who sold 1,500 boxes of cookies, she's a ninth grade student, Erica Salentoe is her mom. We have Girl Scout Sada Maria Valdez who sold 1,500 boxes of cookies, 9th grade student, her mother is Rosa Valdez who is a Girl Scout troop leader. They're up on the southeast part of the Capitol. Please, let me help you -- welcome you to the Capitol. Thank you for being here.

SENATOR OGDEN: Chair recognizes senator -- Senator Zaffirini for an introduction.

SENATOR ZAFFIRINI: Thank you, Mr. President. Mr. President and members, it is my honor and privilege to introduce two very dear friends and I'd ask them to stand and be recognized in the Texas Senate. Guadalupe Castillo was my student in 1970, an editor of the student newspaper at Laredo Community College. He transferred to the University of Houston then to the University of Texas and earned his law degree. He also came back to work for me in the Department of Communications at Laredo Junior College and then came back as my husband's law partner, which he is today. Guadalupe and I have been very close for so many years, demonstrating that teachers and students can have lifelong relationships that are rich. Today, he is joined by his wonderful son, David, who is my honorary grandson. And I hope some day I will have a grandson and granddaughter that are not honorary. But for now David and his son -- and his son Xavier are my honorary grandsons, and I'd like for you to join me in welcoming Guadalupe Castillo and his son, David, to the Texas Senate.

SENATOR OGDEN: Following motion in writing. The secretary will read the motion.

PATSY SPAW: Motion in writing. Mr. President, I ask unanimous consent for Senate Bill 815 relating to the founding of port security facility projects and port studies to be withdrawn from the Committee on Transportation and Homeland Security and rereferred to the committee on International Relations and Trade. Senator Lucio author. Senator Williams, Chair committee for which bill is being withdrawn, Senator Lucio Chair committee to which bill is being rereferred.

SENATOR OGDEN: Is there objection to the motion? Chair hears none, the motion's adopted. Following motion in writing. The secretary will read the motion.

PATSY SPAW: Motion in writing. Mr. President, I ask unanimous consent for Senate Bill 826 relating to the establishment operation and funding of certain rural economic development programs to be withdrawn from the Committee on Agriculture and Rural Affairs and rereferred to the Committee on International Relations and Trade. Senator Lucio author. Senator Estes, Chair committee for which bill is being withdrawn, Senator Lucio Chair committee to which bill is being rereferred.

SENATOR OGDEN: Is there objection to the motion? The Chair hears none, the motion is adopted. The president's desk is clear. Are there any announcements? Senator Eltife is recognized for an announcement.

SENATOR ELTIFE: Thank you, Mr. President. Members, the Senate Committee on Administration will meet today to consider posted bills and certified bills of the first local and uncontested calendar which will be this Thursday at 8:30 will be meeting at 2:30 p.m. today in room E1714. And also the deadline to turn in bills to have them considered for the next local and uncontested calendar is this Wednesday at noon. Thank you, members. Thank you, Mr. President.

SENATOR OGDEN: Senator Nelson's recognized for an announcement.

SENATOR NELSON: Thank you, Mr. President. Members, the Senate Finance Subcommittee on Medicaid is going to meet today at 3:00 o'clock in room E1016.

SENATOR OGDEN: Senator Rodriguez of El Paso.

SENATOR RODRIGUEZ: Mr. President, I'm going to follow on the heels of Senator Uresti. I have some very dear people in the gallery on the south side as well with my wife Carmen. I have my grandchild Santiago, please stand, Santi, age eight. And Sammy, my nephew, age ten, they're here on spring break. They were already outside attending their first rally for education. Welcome.

SENATOR OGDEN: Senator Estes is recognized for an announcement.

SENATOR ESTES: Thank you, Mr. President. Members, the Senate Committee on Agriculture and Rural Affairs will meet at 2:15 in room E1012. Thank you.

SENATOR OGDEN: Senator Ellis for an announcement.

SENATOR ELLIS: Thank you, Mr. President. Members, Governor Organization Committee will meet at 2:15 in the Betty King Committee Room.

SENATOR OGDEN: Chair recognizes Dean of the Senate for a highly privileged motion.

SENATOR WHITMIRE: Excuse me, Mr. President. First, could I first move to suspend the 24 hour posting rule in accordance with Senate Rule 11.10 and 11.18 in order for the Senate -- for the Senate Committee on Criminal Justice meet tomorrow on May 15th at 1:30 or upon adjournment and hear the following bill, Senate Bill 1436 by Senator Van de Putte.

SENATOR OGDEN: Senator Whitmire moves to suspend the 24 hour posting rule. Is there any objection? Chair hears none, motion's adopted. Senator Ellis, you're recognized for an announcement.

SENATOR ELLIS: Yes, sir. The government organization committee is so eager, they want to meet immediately on adjournment. So instead of 2:15, Gov. Org. will meet in the Betty King Room immediately upon adjournment.

SENATOR OGDEN: All right. Senator Whitmire, you're again recognized for a highly privileged motion.

DEAN OF THE SENATE: Thank you. I move that the Senate adjourn until 11:00 a.m. tomorrow.

SENATOR OGDEN: Is there objection --

SENATOR WHITMIRE: Oh, pardon me, pardon me.

SENATOR OGDEN: There is objection. Go ahead, Senator Whitmire.

DEAN OF THE SENATE: Yeah, I object to my motion. On a serious matter, I'd like to yield to Senator Zaffirini.

SENATOR OGDEN: All right. The Chair recognizes Senator Zaffirini.

SENATOR ZAFFIRINI: Thank you, Mr. President. Mr. President and members, I move that the Senate adjourn today in memory of Robert Garza, a 16-year-old junior from Roma High School in Star County, which is in my district. Robert was playing in the AAU tournament on Saturday with the Hoopsters, a south Texas club team, when he collapsed without any warning. Everyone said it was unexplainable. He had asked for a glass of water, he high-fived another player and then it just happened. He collapsed. Robert was healthy, energetic, dynamic, and popular. Very, very athletic. And his death reminds us about how fragile life is. I move that the Senate adjourn in memory of this wonderful young man.

SENATOR OGDEN: Senator Zaffirini and Senator Whitmire move in memory of this wonderful young man, and the Senate will adjourn until 11:00 a.m. Tuesday. Is there objection? The Chair hears none. The Senate will stand adjourned until 11:00 a.m. Tuesday, March the 15th. (Adjourned.)