Senate Transcript, February 14, 2011

SENATE OGDEN: 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 Leon Saint McGowen -- Saint James Missionary Baptist Church of Austin.

MR. MCGOWEN: Shall we pray? Lord, God, we thank You for this 14th day of February 2011. We thank You for the 82nd Texas legislature. Lord, this invocation is just a moment not only to thank you for being God but for asking that your blessings ever be showered upon all the of the proceedings that take place today. Thank you for those who serve our country. Especially this great state of Texas. Thank you for those who represent the Senate. Lord, be with every deliberation and every decision on this day, help us never to forget that we serve you by serving your people. Thank you for those men and women who help protect this great nation, both near and both far. Thank you for the freedoms and liberties that we have in this country. Thank you for our elected officials, the staff workers, the clerks and the volunteers that make up this great government. Lord, I praise You for the diversity that is in this room on today. Thank you for the various face which is present in this room on today. Thank you, dear God, for making your love available to all of us. I conclude this invocation in the one that I believe in, in the name of Jesus, amen.

SENATOR OGDEN: Thank you, Reverend. For the gallery, you may be seated. The chair will hear excuses for absent members. Senator Whitmire moves to excuse Senators Carona, Deuell, and Uresti on matters of important business. Is there objection? Chair hears none, it is so ordered. Senator Whitmire moves to suspend with yesterday's readings of yesterday's journal. Is there objection? Chair hears none, it is so ordered. The Chair recognizes Senator Watson to introduce the doctors of the day.

SENATOR WATSON: Well, thank you very much, Mr. President, members. We have two of our old friends here, and I recently introduced them to you. As I indicated at that time, Dr. John and Judith Edgerton are retired from the day-to-day practice of law, and so as a result of that, they take a lot of time to help us out. So let's welcome them once again, Drs. John and Judith Edgerton for being our doctors for the day.

SENATOR OGDEN: Welcome to the Senate, doctors. The following bills and resolutions on first reading and reference to committee. The secretary will read the bills and the resolutions.

PATSY SPAW: SCR No. 9 by Lucio, urging the United States Congress to amend the list of allowable foods under the Supplemental Nutrition Assistance Program to eliminate sweetened drinks and snack foods of minimal nutritional value. To Health and Human Services. SCR10 by Ellis, designating February 21st through the 27th of each year from 2011 through 2020 as Barbara Jordan Freedom Week. To Administration. SCR11 by Hegar, designating May 22nd of each year from 2011 through 2020 as William Elmo Merrem Day in honor of the first Eagle Scout from Texas. To Administration. SCR14 by Patrick, et el. Affirming the pride of all Texans in both our one and indivisible national union and our one and indivisible state, claiming sovereignty under the 10th Amendment to the Constitution of the United States. To State Affairs. SJR20 by Patrick, proposing a constitutional amendment to authorize the legislature to limit the maximum appraised value of commercial or industrial real property for ad valorem tax purposes. To Finance. SJR21 by Patrick, proposing a constitutional amendment authorizing the legislature to provide for an exemption from ad valorem taxation of the residence homestead of the surviving spouse of a 100 percent or totally disabled veteran in an amount equal to the amount of the residence homestead exemption wo which the disable veteran was entitled. To finance. Senate Bill 271 by Uresti, relating to the board of directors of the Metropolitan -- Bexar Metropolitan Water District. To Natural Resources. Senate Bill 341 by Uresti and Wentworth, relating to the appointment of a conservator for and authorizing the dissolution of the Bexar Metropolitan Water District. To Natural Resources. Senate Bill 331 by Shapiro, Uresti, et al. relating to adding certain synthetic cannabinoids to Penalty Group 2 of the Texas Controlled Substance Act. To Criminal Justice. Senate Bill 334 by Fraser, relating to the applicability of constitutional limit on state debt payable from the general revenues of the state to bonds issued by the Texas Water Development Board. To Finance. Senate Bill 451 by Ellis, relating to death benefits for eligible survivors of certain Texas National Guard members. To the Veterans Affairs and Military Installation. Senate Bill 452 by Ellis, relating to placing the State Board of Education under periodic review by the Sunset Advisory Commission. To Education. Senate Bill 453 by Ellis, relating to dedicating money in the system benefit fund to certain purposes. To Finance. Senate Bill 455 by Ellis, relating to restrictions on the location and operation of concrete crushing facilities. To Natural Resources. Senate Bill 456 by Ellis, relating to state purchasing of certain environmentally friendly items. To Government Organization. Senate Bill 458 by Seliger, relating to initial claims under the unemployment compensation system. To Economic Development. Senate Bill 460 by Seliger, relating to the import, export, and management of mule deer; providing penalties. To Agriculture and Rural Affairs. Senate Bill 461 by Williams, relating to the design and issuance of license plates for United States paratroopers. To Transportation and Homeland Security. Senate Bill 462 by West, relating to the right to an expunction of records and files relating to a person's arrest. To Criminal Justice. Senate Bill 463 by Lucio, relating to providing parents with notice of a school district's promotion and retention policies. To Education. Senate Bill 464 by Lucio, relating to tracking peace officer membership in the Teacher Retirement System of Texas. To State Affairs. Senate Bill 465 by Lucio, relating to retirement benefits of school district or institution of higher education peace officers under the Teacher Retirement System of Texas. To State Affairs. Senate Bill 466 by Lucio, relating to a requirement that public school counselors demonstrate knowledge of counseling regarding higher education to obtain a school counselor certificate. To Education. Senate Bill 467 by Wentworth, relating to the power of Texas Commission on Environmental Quality to authorize certain injection wells that transect or terminate in the Edwards Aquifer. To Natural Resources. Senate Bill 468 by Shapiro, relating to the flexibility of the board of trustees of a school district in the management and operation of public schools in the district. To Organization. Senate Bill 469 by Nelson, relating to the collection of unpaid tolls by a regional tollway authority. To Transportation, Homeland Security. Senate Bill 471 by West, relating to public school and child-care facility policies addressing sexual abuse and other maltreatment of children. To Child Services. Senate Bill 472 by West, relating to voting practices and elections of property owners associations. To Intergovernmental Relations. Senate Bill 474 by Patrick, relating to a limitation on increases in the appraised value for ad valorem tax purposes of commercial or industrial real property. To Finance. Senate Bill 475 by Patrick, relating to the creation of the Harris County Municipal Utility District No. 524; providing authority to impose a tax and issue bonds; granting a limited power of eminent. To Intergovernmental Relations. Senate Bill 476 by Patrick, relating to the classification of automotive repair shops as primarily engaged in retail trade for purposes of the franchise tax. To Finance. Senate Bill 477 by Patrick, relating to the allocation to a school district of expenses of a joint election. To State Affairs. Senate Bill 478 by Estes, relating to protection of stray bison. To Agriculture and Rural Affairs. Senate Bill 479 by Estes, relating to limiting the liability of certain persons for farm animal activities. To Agriculture and Rural Affairs. Senate Bill 480 by Hegar, relating to certain appeals from judgments of municipal courts of record. To Jurisprudence. Senate Bill 481 by Harris, relating to the removal of a guardian of an incapacitated person ordered by a court. To Jurisprudence. Senate Bill 482 by Harris, relating to the requirements of an authorization agreement for a nonparent relative of a child. To Jurisprudence. Senate Bill 483 by Harris, relating to the powers and duties of criminal law magistrates in Tarrant County. To Jurisprudence. Senate Bill 484 by Huffman, relating to the release of a photograph of a police officer and access to records maintained by internal investigative divisions in certain municipalities. To Intergovernmental Relations. Senate Bill 485 by Huffman, relating to proper venue for certain criminal prosecutions of mortgage fraud. To Jurisprudence. Senate Bill 486 by Huffman, relating to creating the offense of sexual voyeurism; providing a penalty and other civil consequences. To Criminal Justice. Senate Bill 487 by Huffman, relating to increasing the penalty for the offense of leaving the scene of an accident that involves personal injury or death. To Criminal Justice. Senate Bill 488 by Van de Putte, relating to criminal background checks on users of online dating services and to disclosures of online dating safety measures. To Business and Commerce. Senate Bill 489 by Fraser, et al. relating to the Texas State Technical College System. To Higher Education. Senate Bill 490 by Fraser, relating to the Hamilton County Hospital District. To Intergovernmental Relations. Senate Bill 491 by Fraser, relating to the composition of the 198th Judicial District. To Jurisprudence. Senate Bill 493 by Fraser, relating to the idling of motor vehicles. To Natural Resources. Senate Bill 494 by Fraser, relating to the authority of certain local governmental entities to borrow money for a public hospital. To Intergovernmental Relations. Senate Bill 495 by Fraser, relating to an exemption from the motor vehicle use tax for motor vehicles brought into this state by certain military personnel or retired military personnel. To Finance. Senate Bill 496 by Fraser, relating to punishment for the offense of evading arrest or detention. To Criminal Justice. Senate Bill 497 by Jackson, relating to notice of the construction or expansion of a wind-powered electric generation facility located near a federally owned or operated radar installation or military installation. To Natural Resources. Senate Bill 498 by Jackson, relating to the trapping and transport of surplus white-tailed deer. To Agriculture and Rural Affairs. Senate Bill 499 by Jackson, relating to the identification of breeder deer by microchips. To Agriculture and Rural Affairs. And Senate Bill 500 by Jackson, relating to the authority of the governing body of a local authority to impose a civil penalty for certain violations recorded by an automated traffic control system or a photographic traffic signal enforcement system. To Transportation and Homeland Security.

SENATOR OGDEN: The chair lays out the following resolution. The secretary will read the resolution.

PATSY SPAW: Senate Resolution 226 by Nelson, commending the Texas Council on Family Violence for its admiral service on behalf of the victims of domestic violence.

SENATOR OGDEN: Chair recognizes Senator Nelson on the resolution.

SENATOR NELSON: Thank you, Mr. President, members. Senate Resolution 226 recognizes the Texas Council on Family Violence which is here today to raise awareness on behalf of Texans affected by domestic violence. For over three decades, the council has been a nationally recognized leader in the effort to end family violence. Its mission is to promote safe and healthy relationships by supporting service providers, facilitating strategic prevention efforts and creating opportunities for freedom from domestic violence. Across the state its members tirelessly work to protect and give voice to victims of abuse. I'd like to ask all of our guests in the gallery, you've seen them with the hearts on, I'd like to ask our guests with the Texas Council on Family Violence in the gallery to rise and, members, please help me welcome them to the Texas senate. Thank you all for what you do. (Applause.)

SENATOR NELSON: Mr. President, I move adoption of this resolution.

SENATOR OGDEN: Any objection to the adoption of the resolution? The chair hears none, the resolution is adopted.

SENATOR NELSON: Thank you, Mr. President, members.

SENATOR OGDEN: Mr. Doorkeeper.

MR. DOORKEEPER: Mr. President, there's 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 HCR48, Hughes, honoring the Fannie Marchman Garden Club in Mineola on the 75th anniversary of its founding.

SENATOR OGDEN: Thank you. Chair lays out the following resolution. The secretary will read the resolution.

PATSY SPAW: HCR51 commending Heart Hospital of Austin and St. David's HealthCare for providing exceptional cardiovascular care and honoring for their valiant efforts in the fight against heart disease. By Watson.

SENATOR OGDEN: Chair recognizes Senator Watson on the resolution.

SENATOR WATSON: Thank you, Mr. President, members. We all know February is Heart Awareness Month, and we also know some of the statistics. 2300 people die from cardiovascular disease every day in America. Nearly 1 percent every 38 seconds. Here in Austin, Texas and in central Texas we're very pleased and we're -- we're in good shape because we have the Heart Hospital of Austin which opened on December 7th, 1998. It's cared for over 118,000 people from all of our 50 states, the District of Columbia and all of the United States territories. The Heart Hospital of Austin is ranked as the number one cardiac program in Texas for six consecutive years which is an accomplishment no other hospital in Texas has achieved. In July of 2009 a study that was funded by the Centers for Medicare and Medicaid Services named it the leading hospital in the United States for treatment of a heart attack. Its chest pain center is accredited by the Society of Chest Pain Centers recognizing the expertise of its physicians, nurses and other dedicated professionals, as well as the excellence of its treatment protocols. Heart Hospital of Austin is part of the St. David's HealthCare System, which is one of the largest health systems in Texas employing more than 7100 people in more than 60 sites across central Texas. It's also home to the Texas Cardiac Arrhythmia Institute at St. David's medical Center, which is one of the world's most comprehensive treatment, training and research centers dedicated to the latest treatment advances for correcting atrial fibrillation and other heart rhythm disorders. All at St. David's HealthCare hospitals which are accredited as certified chest pain centers. The Heart Hospital of Austin and St. David's HealthCare are sponsoring an event in the Capitol basin rotunda on February 24th. This increase awareness and education of the heart and cardiovascular health. I would ask that you please join me in congratulating the Heart Hospital in Austin and St. David's HealthCare for their efforts to combat heart diseases and their efforts to improve cardiovascular health. And we're joined here today by some distinguished people that work at Heart Hospital of Austin and St. David's HealthCare. First, I'm pleased to introduce my friend John Foster, the western group president within HCA -- that's a new title too, by the way. I'm happy to congratulate him on that, overseeing 47 hospitals throughout Texas, Oklahoma, Colorado, and northern Kansas. He's joined by David Laird, the CEO of Heart Hospital of Austin. Matthew Sellman, Dr. Matthew Sellman, and Marsha Parowski who has a BSN, an MSN and is the director of CCU at the Heart Hospital of Austin. Members, help me in welcoming these great public servants in central Texas and congratulate Heart Hospital of Austin and St. David's HealthCare. (Applause.)

SENATOR WATSON: Thank you, members. I move adoption of HCR No. 51.

SENATOR OGDEN: Is there objection to the adoption of the resolution? The chair hears none, the resolution is adopted. the secretary will read the resolution.

PATSY SPAW: Senate Resolution 228 recognizing today as Association of Texas Professional Educators Day at the State Capitol. By Nelson.

SENATOR OGDEN: Chair recognizes Senator Nelson on the resolution.

SENATOR NELSON: Thank you, Mr. President and members. Senate Resolution 228 welcomes the Association of Texas Professional Educators for their Capitol Day. With membership of more than 115,000 teacher and public school employees, the ATPE is the largest educators association in the nation. Texas teachers are making a -- there they are. Texas -- and I'm not even finished yet, Mr. President. Texas teachers are making a real difference every day in the lives of our students. We thank them for all they are doing to prepare our youth for the challenges ahead. ATPE's philosophy is it takes everyone working together to improve public schools. That is a very wise philosophy, indeed. I know there are other members that want to also welcome them, but I'd like to ask all the ATPE members in the gallery to please stand. And members, help me join in welcoming them to the Texas Senate. Welcome. (Applause.)

SENATOR OGDEN: Chair recognizes Senator Shapiro on the resolution.

SENATOR SHAPIRO: Thank you very much, Mr. President and members. Senator Davis and I had the privilege of being with this fine group of people last night before she left and went on a Valentine date and you -- we appreciate it, your honesty about where you were going. But I have to tell you, this is a great -- the greatest group and most polite and optimistic group of teachers I've met in a very long time and I just want to say thank you to every single one of you for being here and thank you for giving us a lot of the information that we desperately need. So thank you for being in Austin, and thank you for what you do for the school children of Texas every single day.

SENATOR OGDEN: Chair recognizes Senator Zaffirini on the resolution.

SENATOR ZAFFIRINI: Thank you, Mr. President. It's my honor to echo the words of my friends and colleagues, Senator Nelson and Senator Shapiro in honoring the members of the ATPE. I had planned to ask those from my senatorial district to please rise and be recognized, but they're already standing. So will those from my senatorial district including Bexar, Carnes, Webb and Wilson counties, please wave so we'll know who you are. Thank you, and welcome to the Texas senate. Thank you for your good work.

SENATOR OGDEN: Chair recognizes Senator Patrick on the resolution.

SENATOR PATRICK: Thank you, Mr. President. I too -- everyone is standing back here where I can't -- my microphone cord doesn't quite stretch far enough -- but we had the pleasure of meeting with our folks from Senate District 7, and I echo the comments by our fellow senators. Outside of lifesaving positions in our state, and we have some people who are in life and death situations, outside of those people who serve all of us, there's not a -- more important job than all of you have. The future of our state depends on your success. The future of our state is in your hands. And my wife who was a teacher for a long time in elementary schools reminds us every day how we need to be sure that we take care of our teachers. So thank you for being here, and thank y'all for what you do. (Applause.)

SENATOR OGDEN: Chair recognizes Senator Lucio on the resolution.

SENATOR LUCIO: Thank you, Mr. President, Senator Nelson. Thank you for bringing this important resolution to the floor. I'm one of ten kids, seven of us -- nine of us are public educators by profession, and now my daughter's a member of your organization or association, as well. Most important -- the most important responsibility, I see it, with our professional teachers down in south Texas, especially is the education of two termites and two princesses, my four grandchildren. And I -- I for one am very supportive of your endeavors and I hope that together this session we can define what we really are in this great state. Texans helping Texans, helping children create the next generation of leaders. Thank you very much.

SENATOR OGDEN: Chair recognizes Senator Hinojosa on the resolution.

SENATOR HINOJOSA: Thank you, Mr. President. You know, I always talk about education, and education is the best equalizer we have in our society, education gives you knowledge, knowledge gives you power. But it couldn't be done without our teachers. I am who I am today because my teachers when I went to school. So I thank you all, especially my constituents from (inaudible) welcome to the State Capitol. Thank you.

SENATOR OGDEN: Chair recognizes Senator Nelson for a motion.

SENATOR NELSON: Thank you, Mr. President. Well, as a former sixth grade teacher, I move adoption of this resolution.

SENATOR OGDEN: Is there objection to the adoption of the resolution? The chair hears none, the resolution is adopted. Chair lays out the following resolution, the secretary will read the resolution.

PATSY SPAW: Senate Resolution 168. Whereas the Senate of the state of Texas is pleased to recognize St. Mary's University for its legacy of outstanding service to the city of San Antonio and our state; and whereas a close knit academic and spiritual community, St. Mary's University offers the 13-1 student/faculty ratio with numerous Fulbright scholars, Piper professors, and other engaged faculty members coming together to create an exceptional educational experience; and whereas St. Mary's University has produced more than 300 elected officials who have served both this state and this nation with distinction; and whereas, the Carnegie Foundation has granted St. Mary's University its prestigious community engagement classification in recognition of the university's mission driven focus on academic excellence, community service, and civic engagement; and whereas St. Mary's University was named first in the nation by Washington Monthly Magazine for promoting an ethic of service to country, fostering scientific and humanistic research, and performing as an engine of social mobility; and whereas, more than 70 percent of the university's students participate in community service activities and St. Mary's University is listed as a college that builds character by the John Templeton Foundation and as one of the nation's top colleges with a conscience by the Princeton Review and Campus Compact; and whereas, St. Mary's University has been home to 167 All-American scholar athletes, and it has won five national championships in athletic competitions; and whereas, St. Mary's University graduates have historically been accepted to medical and dental schools at rates far exceeding the national average. The combination of academic, athletic, and community excellence has truly established St. Mary's University as a leader in the field of higher education. Now, therefore be it resolved that the Senate of the state of Texas 82nd Legislature hereby commend the students, faculty, and staff of St. Mary's University for their many outstanding contributions to our state.

SENATOR OGDEN: Chair recognizes Senator Hegar on the resolution.

SENATOR HEGAR: Thank you, Mr. President, members. I'd like to welcome St. Mary Rattlers to the Senate floor and the gallery today. Located on San Antonio's west side, St. Mary's University continues to craftily expand its scholastic community by fostering higher education to a vibrant student body. While upholding an exceptional reputation for academics, St. Mary's has also won recent acclimation by the Washington Monthly's magazine ranking No. 1 in community service research and social mobility. Members, on the floor today I'd like to first recognize Dr. Charles Catrel, the PHD and president of St. Mary's University, a 1962 alumni, Dr. Catrel has given more than 40 years of service to his alma mater. Dr. Catrel has served as deputy chair -- department chair, director of graduate programs, dean of the school of humanities and social sciences, vice president of academic affairs. And since 2000 he has held the title of president. Dr. Catrel, a San Antonio native, is married to former Abby Massey and together they have four sons. I'd also like to introduce Mr. Robert Alonso, a 1967 graduate. He has served as chairman of the St. Mary's University board of trustees since 2008. Before his work as a chairman, he had served the United States Postal Service 31 years in Argentina, Mexico, and Bermuda. He served as a platoon leader in Vietnam where he was awarded the bronze star for meritorious service, an Army condemnation medal for his valor. He and his wife Hanna have three sons: Chuck Steve, and Mike. Thirdly, I'd like to introduce Major General Alfred Freddy Venezuela. Major General Venezuela has served as secretary of the St. Mary's board of trustees since 2009. Major General retired from the United States military in 2004 as the highest ranking Hispanic and only one of five Spanish speaking generals. In 2001 he was named by Hispanic Business magazines one of the 100 most influential Hispanics. Major General and his wife have two children: Alfred A. Venezuela and Judge Lori Venezuela. Finally on the senate floor, we have Ms. Alexandria, Alex McCoy, a native of Arlington, Texas. Alex serves as president of the student government association and is a tuition equalization grant recipient. She is currently completing her senior year as an English language and literature major, business administration minor. I'd also like to direct your attention to the west gallery and ask the rest of the St. Mary's delegation to stand. Today is their legislative day at the Capitol, and I'm very thrilled to be recognizing them and making sure they're here and representing part of our representative democracy. It is my great privilege to introduce those here on the floor today and the rest of the delegation. As a former alumni, my wife and I both from St. Mary's University. It's with my great pleasure to welcome you here today. And also I would ask Mr. President that we move passage of SR168.

SENATOR OGDEN: Senator Hegar moves adoption of the resolution. Is there objection to the adoption of the resolution? The chair hears none, the resolution is adopted.

SENATOR WENTWORTH: Mr. President.

SENATOR OGDEN: Chair recognizes Senator Wentworth for what purpose?

SENATOR WENTWORTH: Parliamentary inquiry.

SENATOR OGDEN: For parliamentary inquiry.

SENATOR WENTWORTH: Mr. President, have we not been notified somehow that today is Kirk Watson Day? I noticed he -- he introduced the person that gave us the invocation, he introduced the two doctors of the day, he had a whole list of people in here for the Heart Hospital of Austin. I was just curious if we were not aware of something that we should be.

SENATOR OGDEN: I don't think that's necessarily a parliamentary inquiry. The Chair notes your question, but you might seek an answer.

SENATOR WATSON: Mr. President, I'll just point out that in my world, every day's Kirk Watson Day.

SENATOR OGDEN: Thank you, Senator. All right. The following motion is in writing. The secretary will read the motion.

PATSY SPAW: Motion in writing. Mr. President, I ask unanimous consent for Senate Bill 267 relating to a joint statement regarding transfer of a motor vehicle to be withdrawn from the Committee on Finance and re-referred to the Committee on Transportation. Senator Williams, author. Senator Williams, chair committee for which this bill is being withdrawn. Senator Ogden, chair committee to which bill is being re-referred.

SENATOR OGDEN: Is there objection to the motion? The Chair hears none, the motion is adopted. Senator Hegar is recognized for a motion.

SENATOR HEGAR: Thank you, Mr. President and members. On February 7th, 2011, Governor Perry requested that the nomination of Jason Kevin Patterson to be a member of the state employee charitable policy campaign be withdrawn. Mr. Patterson resigned on February 2nd, 2011. Mr. President, members, the governor requests that the Senate return this nomination to him, and I move that the Senate grant the request from the governor and return this nomination to him.

SENATOR OGDEN: Is there objection to the motion? Chair hears none. The motion is adopted, and the nomination is returned to the governor. The president's desk is clear. Senate Finance will reconvene at 2:40. Are there any other announcements? Chair recognizes the Dean of the Senate for a highly privileged motion.

DEAN OF THE SENATE: Thank you, Mr. President I move that the Senate adjourn until 11:00 a.m. Tuesday, February 15th.

SENATOR OGDEN: Is there objection? The Chair hears none. The senate stands adjourned until 11:00 a.m. Tuesday, February 15th. (Senate Adjourned.)