Senate Transcript, January 12, 2011

MR. DEWHURST: Good morning, members, ladies and gentlemen. The city -- the Senate will come to order. The secretary will call the roll.

SECRETARY OF SENATE: Birdwell.

SENATOR BIRDWELL: Present.

SECRETARY OF SENATE: Carona.

SENATOR CARONA: Present.

SECRETARY OF SENATE: Davis.

SENATOR DAVIS: Present.

SECRETARY OF SENATE: Deuell.

SENATOR DEUELL: Present.

SECRETARY OF SENATE: Duncan.

SENATOR DUNCAN: Present.

SECRETARY OF SENATE: Ellis.

SENATOR ELLIS: Present.

SECRETARY OF SENATE: Eltife.

SENATOR ELTIFE: Present.

SECRETARY OF SENATE: Estes.

SENATOR ESTES: Present.

SECRETARY OF SENATE: Fraser.

SENATOR FRASER: Present.

SECRETARY OF SENATE: Gallegos.

SENATOR GALLEGOS: Present.

SECRETARY OF SENATE: Harris.

SENATOR HARRIS: Present.

SECRETARY OF SENATE: Hegar.

SENATOR HEGAR: Present.

SECRETARY OF SENATE: Hinojosa.

SENATOR HINOJOSA: Present.

SECRETARY OF SENATE: Huffman.

SENATOR HUFFMAN: Present.

SECRETARY OF SENATE: Jackson.

SENATOR JACKSON: Present.

SENATOR DUNCAN: Lucio.

SENATOR LUCIO: Present.

SECRETARY OF SENATE: Nelson.

SENATOR NELSON: Present.

SECRETARY OF SENATE: Nichols.

SENATOR NICHOLS: Present.

SECRETARY OF SENATE: Ogden.

SENATOR OGDEN: Present.

SECRETARY OF SENATE: Patrick.

SENATOR PATRICK: Present.

SECRETARY OF SENATE: Rodriguez.

SENATOR RODRIGUEZ: Present.

SECRETARY OF SENATE: Seliger.

SENATOR SELIGER: Present.

SECRETARY OF SENATE: Shapiro.

SENATOR SHAPIRO: Present.

SECRETARY OF SENATE: Uresti.

SENATOR URESTI: Present.

SECRETARY OF SENATE: Van de Putte.

SENATOR VAN de PUTTE: Present.

SECRETARY OF SENATE: Watson.

SENATOR WATSON: Present.

SECRETARY OF SENATE: Wentworth.

SENATOR WENTWORTH: Present.

SECRETARY OF SENATE: West.

SENATOR WEST: Present.

SECRETARY OF SENATE: Whitmire.

SENATOR WHITMIRE: Present.

SECRETARY OF SENATE: Williams.

SENATOR WILLIAMS: Present.

SECRETARY OF SENATE: Zaffirini.

SENATOR ZAFFIRINI: Present.

MR. DEWHURST: Thank you, Madam Secretary. A quorum is present. Would all those on the floor please rise and the gallery please rise this morning for the invocation by Pastor A.W. Anthony Mays of Mount Sinai Church here in Austin. Pastor Mays?

PASTOR MAYS: I invite you to join with us in prayer, if you would. O Lord God, maker and ruler over all things, we humble ourselves before your presence this morning. Please hear this prayer as you have heard our prayers over the years. I come before You in the name of our Savior, Jesus the Christ, who is Lord. Please receive us, and for our sins' sake, please do not turn us away. We thank You dear Lord for all You do and simply for who you are. You have blessed this State of Texas in so many ways, and for all of these things, we offer you both thanksgiving and praise. Now, dear Lord, bless this body of men and women, which represents part of the governing process and procedures of this State of Texas. Bless the members of this body, individually and collectively, with your wisdom, with your courage, and with your compassion. Bless the members to lead well with a vision for all the citizens, and for the best welfare of the entire State of Texas. Protect them we pray and protect their families at all times from anyone who would seek their harm. Protect them to serve well in all matters of concern. I pray this prayer over them and for them in Jesus name. Amen.

MR. DEWHURST: Thank you, Pastor Mays. Thank you for being with us. The Chair recognizes Senator Watson.

SENATOR WATSON: Thank you, Mr. President. Members, just for a moment, I wanted to thank Pastor Mays for being with us today and let you know that he is a wonderful member of our community, a great leader, and someone that we are very proud to call an Austinite. He is someone that is involved in the issues of our city every day and makes Austin a better place to live. So I would ask everybody, please help me in welcoming Pastor Mays.

MR. DEWHURST: Thank you, Senator Watson. Members, Senator Whitmire moves to dispense with the reading of yesterday's journal. Is there any objection from any member? The Chair sees no objection. So ordered. Mr. Doorkeeper. DOORKEEPER: Mr. President, there is a message from the House.

MR. DEWHURST: Admit the messenger. HOUSE MESSENGER: Mr. President, I am directed by the House to inform the Senate the House has taken the following action: The House has passed the following measures: HCR 26, Craddick, congratulating Midland High School Bulldogs football team on its success during the 2010 season. SCR 3, Ogden, providing for procedures for the canvass of votes for the Governor and Lieutenant Governor and the inauguration of the Governor and Lieutenant Governor. Respectfully Robert Haney.

MR. DEWHURST: The Chair recognizes Senator -- the Chair recognizes Senator Hegar to introduce the doctor for the day.

SENATOR HEGAR: Thank you, Mr. President. Members, it's my privilege to introduce one of my constituents, Dr. David Watson, from Yoakum. Dr. Watson has been in practice for over 50 years. In 2008, he was named the country doctor of the year by Staff Care. He graduated from Baylor Medical School, as well as served his residency at Hermann Hospital in Houston. He's a member of the Texas Academy of Family Physicians, also a member of the American Academy of Family Physicians, Texas Medical Association, and the American Medical Association. He's provided great service for so many of our constituents there in Yoakum and the surrounding areas, and it's my great privilege to introduce Dr. Watson. Thank you for being here.

[Applause]

MR. DEWHURST: Thank you, Doctor. Thank you. Thank you. The Chair lays out the following resolution. The Secretary will read the resolution SCR No. 3 by Senator Nelson.

SECRETARY OF SENATE: Senate Resolution 3 recognizing members of the Texas Public Health Association and declaring January 12th, 2011, as Texas Public Health Association Day at the Capitol, by Nelson.

MR. DEWHURST: Thank you, Madame Secretary. The Chair recognizes Senator Nelson to explain the resolution.

SENATOR NELSON: Thank you, Mr. President. Senators, this resolution recognizes the Texas Public Health Association organized in 1923. This association was formed to advocate for public health workers, improve education about sanitation, and prevent the spread of communicable diseases. Its motto is: "Health is everybody's Business," and I could not agree more. Would the delegation from the Association up in the gallery please stand. Members, I would ask you to help me recognize them and welcome them to the Texas Senate. Welcome.

[Applause]

SENATOR NELSON: Thank you, Mr. President.

MR. DEWHURST: Thank you, Senator Nelson. Members, you heard the motion by Senator Nelson. Is there any objection to -- from any member of the Senate? The Chair hears none, and the resolution is adopted. Thank you. The Chair lays out the following resolution. The Secretary will read the resolution SCR No. 6 by Senator Whitmire.

SENATOR WHITMIRE: Thank you, Mr. President. Members, this is a resolution that will allow the Senate to adjourn three days in a row. I so move.

MR. DEWHURST: Members, the question is on the adoption of the resolution SCR No. 3 (sic) [6], which will allow the Senate to stand in adjournment in -- for Friday, Monday, until Tuesday morning at 11:00 o'clock.

SENATOR WHITMIRE: Mr. President, without permission of the other house.

MR. DEWHURST: Without the permission of the other house. Thank you, Dean.

SENATOR WHITMIRE: They may not allow us to.

MR. DEWHURST: Members, if there's no -- if there's no questions, the -- the question is on the adoption of the resolution. The Secretary will call the roll.

SECRETARY OF SENATE: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallesgos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

MR. DEWHURST: There being 31 ayes and no nays, the resolution has been adopted. Pursuant to SCR No. 3, the Chair announces the appointment of the following committees. The Secretary will read the names.

SECRETARY OF SENATE: Committee to the canvass votes for Governor and Lieutenant Governor: Chair, Senator Huffman; Senator Birdwell; Senator Hegar; Senator Patrick; Senator Davis; Senator Rodriguez. Inaugural committee: Chair, Senator Ogden; Senator Eltife; Senator Williams; Senator Hinojosa; and Senator Van de Putte.

MR. DEWHURST: Members, the President's desk is clear. Are there any announcements, or are there -- the Chair recognizes Senator Hegar.

SENATOR HEGAR: Thank you, Mr. President. Members, I would ask that the members of the Sunset Advisory Commission, that 30 minutes upon adjournment, we meet back to finish up our work for today. So roughly at noon. Thank you.

MR. DEWHURST: Thank you, Senator Hegar. Are there any other announcements? Hearing none, the Chair recognizes the Dean of the Senate for a highly privileged motion.

SENATOR WHITMIRE: Thank you, Mr. President. Mr. President, I move that the Senate stand in recess until 10:00 a.m. tomorrow for the joint session to canvass the votes cast for Governor and Lieutenant Governor to be held in the House of Representatives. At the conclusion of the joint session, I move that the Senate stand in recess until 11:00 a.m. Tuesday, January 18th, for the joint session to inaugurate the Governor and the Lieutenant Governor. Members, I further move that the Senate adjourn at the conclusion of Tuesday's joint session until 11:00 a.m. Wednesday, January 19th. And I do this in memory of Mrs. Nancy Berkman, a constituent of Senator Gallegos. I so move.

MR. DEWHURST: Members, you've heard the motion. Is there any objection from any member? The Chair hears no objection from any member, and the Senate will stand in recess until Thursday, January the 13th.