Senate Transcript, February 28, 2011

DEWHURST: The Senate will come to order, and 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, and Zaffirini.

DEWHURST: Thank you, Madam Secretary. Members, a quorum is present. Would all those on the floor please rise and the gallery please rise. Ladies and gentlemen. For the invocation to be delivered this afternoon by Pastor Jack B. Chapman, Jr. Sabbath Nondenominational Ministry of Port Arthur. Pastor.

PASTOR: Thank you. Good afternoon. Let us pray. Father, we present ourselves today as humbly and lovingly as we possibly can. We ask that You grant us today wisdom. Oh, God. We ask that You grant us knowledge and understanding. Allow us, Father, to make right and prudent and accurate decisions today with only the hearts of Your people in mind. We thank You, God, for safe travel today. We thank You for health in our bodies and to be in a right mind. Father, bless us as the leaders that you have established. You, oh, God, have placed us in positions of authority and we ask right now that You would lead us, God. Those of us that are in local government, those of us that are in state government and those that are a national level. We ask that You give us all that we need to be successful. Father, bless Your children today and God, please, bless America. And we thank You for it all. In Your powerful, precious and righteous name. Amen.

DEWHURST: Amen. Pastor Chapman, thank you. Please be seated, ladies and gentlemen. Thank you very much. Members, Senator Whitmire moves to dispense with the readings from yesterday journal, is there any objection from any member? Chair hears no objection. So ordered. The Chair recognizes Senator Wentworth to introduce the doctor for the day.

SENATOR WENTWORTH: Thank you, Mr. President. Mr. President, members, it's my privilege to introduce to you our physician of the day, Dr. Brent Sanderlin, born and raised in Tomball. Dr. Sanderlin is a native Texan who's currently the lead family physician with the Seaton family of doctors at Hayes in Kyle, Texas. After graduating Magnum Cum Laude from Texas State University San Marcos, Dr. Sanderlin attended the Texas College of Osteopathic Medicine at the University of North texas Medical Health Center and then completed his Navy residency at the Naval Hospital in Jacksonville, Florida. In addition to having an extra class amateur radio license, Dr. Sanderlin is also actively involved in the Boy Scouts of America. Dr. Sanderlin lives in San Marcos with his wife Mona, and their three children, Kay, Mark and Michael. This is Dr. Sanderlin's first time being physician of the day, so please go easy on him. Please join me in welcoming him to the Texas Senate.

DEWHURST: Doctor, we thank you for being here. Thank you so much. Members, the 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 Department of Motor Vehicles Board, Blake Ingram, Sunnyvale; John H. Walker, III, Houston; W. Marvin Rush, Seguin. To be the Injured Employee Public Council Norman Darwin, Winbrook. Respectfully submitted, Rick Perry, governor of Texas. To nominations.

DEWHURST: Thank you, Madam Secretary. Chair recognizes Senator Hegar for the purpose of an introduction.

SENATOR HEGAR: Thank you, Mr. President, members. It's with my great pleasure to introduce St. Phillips Catholic School students that are here today and some of the teachers and parents. If y'all would all rise. They're from the El Campo area in Wharton County, in my district, 7th and 8th graders are here to learn a little bit about state government. We are so glad you're here. Thank you.

DEWHURST: Thank you, Senator Hegar. Senator Uresti, are you ready on your resolution? Chair lays out Senate Resolution No. 340 by Senator Uresti. The secretary will read the resolution.

PATSY SPAW: Senate Resolution 340 declaring Monday February 28th, 2011, as Valverde County Day at the State Capitol. By Uresti.

DEWHURST: Thank you. Chair recognizes Senator Uresti to explain the resolution.

SENATOR URESTI: Thank you, Mr. President, members, good afternoon. Today is Valverde County Day here at the Capitol, and we are honored to host county and community leaders from the city of Del Rio. Valverde is one of Texas' largest counties. Created in 1885 from territory carved from Crockett, Kenny and Pecos counties. Human occupation goes much further back. More than 6,000 years as evidence by the pictographs and camp sites that have been found. The county is rich in history and lore. In the same year it was formed, Roy Bean of Langtree was elected justice of the peace. Presiding over his own brand of justice from a bar in the Rio Grande, Judge Bean become the law west of the Pecos. Legend casts Bean as a hanging judge, but in truth he sentenced only two men for execution, and one of them actually escaped. Today it's impossible to escape the fact that Del Rio is one of our most important border cities. Crucial to the region's economy and our national defense as the home of Laughlin Air Force Base, with 3500 square miles of open landscape, the county lends itself to pilot training for the 47th flying training wing and Laughlin Air Force Base sees more takeoff and landings than any other airport in the country. Nearby Amistad dam and reservoir is a major attraction for anglers and today Valverde County and Del Rio serve as an international gateway and tourist center to Mexico. The longstanding partnership developed with Mexico has benefited communities on both sides of the border in events such as the Fiesta de Amistad provided us a chance to celebrate together. Members, on the floor today we have Roberto Fernandez, the mayor of Del Rio. We have Al Allejoda, Jr., the executive director of the Del Rio Chamber of Commerce; Roberto Chavita, president of the San Felipe Del Rio Consolidated School District. And Joe Frank Martinez, the Valverde County sheriff. And over in the south gallery we also have our Valverde delegation. If y'all will stand up. And Mr. President, I move adoption of the resolution. And members, please help me welcome our guests and join me in honoring this resolution of Valverde County.

DEWHURST: Thank you for being here, ladies and gentlemen. Members, you've heard the motion by Senator Uresti. Is there any objection from any member? Chair hears no objection, and the resolution is adopted. Senator Zaffirini, are you ready for your introduction? Chair recognizes Senator Zaffrini for the purpose of an introduction.

SENATOR ZAFFIRNI: Thank you, Mr. President. Mr. President and members, it is my pleasure to welcome a delegation of representing the Northeast Partnership for Economic Development to the Texas Senate, an honor that I shear with my colleague Senator Jeff Wentworth. The region served by the partnership includes northeast Bexar County and parts of Comal and Guadalupe counties represented by Senator Wentworth. Formed in the mid 1990s the partnership compromised of nine cities namely Sibilo, Converse Garden, Ridge, Kirby, Live Oak, Shertz, Selma, Universal City and Wincrest. And I'm delighted that my northern city district office is in the city of Live Oak. Through the partnership, these cities work collaboratively to broaden job opportunities, diversify commercial activities, promote existing businesses and to capitalize on the region's proximity to three major highways and to Randolph Air Force Base. Representing the partnership in the north gallery is the delegation of 37 persons including five mayors representing Senate District 21 cities. In the delegation are the Honorable Al Swatis from Converse; the Honorable Mary Dennis, Live Oak; the Honorable Hal Baldwin, Shertz; the Honorable Tom Daily, Selma; the Honorable John Williams, Universal City. And it is my pleasure, Mr. President, to yield to Senator Wentworth to introduce his mayor.

SENATOR WENTWORTH: Thank you, Mr. President. Mr. President, I would introduce Mayor Jay Feebleman of Garden Ridge, and I share, as she mentioned, Shertz and Selma and Sibilo with her. And I used to be I don't know whether you know this, Senator, I used to be city attorney of Converse years ago. So we're very pleased to have them all here.

SENATOR ZAFFIRNI: Wonderful. Mr. President, may I ask the delegation to please rise and be welcomed there in the north gallery.

DEWHURST: Thank you, Senator Zaffirini. Thank you, Senator Wentworth. Thank you, ladies and gentlemen, for being here.

SENATOR ZAFFIRNI: Thank you.

DEWHURST: The Chair lays out the following resolution. Senate Resolution No. 381 by Senator Williams and Senator Huffman. The secretary will read the resolution.

PATSY SPAW: Senate Resolution 381 declaring February 28th through March 1st, 2011, as Golden Triangle Days at the State Capitol. By Senator Williams.

DEWHURST: Chair recognizes Senator Williams to explain the resolution.

SENATOR WILLIAMS: Thank you, Mr. President, members. Please join Senator Huffman and me in recognizing our guests that are here at the Capitol today to celebrate Golden Triangle Days. The Chambers of Commerce for Beaumont, Bridge City, Groves, Nederland, Orange, Port Arthur, Port Naches and Vider have combined forces to come to the Capitol today and address issues with one single voice. I understand we have over 300 people here from the Golden Triangle today. And the people of Orange and Jefferson County built a vibrant forward reaching committee and have committed themselves to the betterment of their communities. And it's my pleasure to acknowledge all of our spirited citizens from the Golden Triangle. Would you stand up, please, and let us give you a big welcome. Thank you for being here. Now, I hope that before I introduce our elected officials who are here with us today and I want to make sure that everybody -- I just wanted to remind you about our event tonight at the music hall and we're going to have Asleep at the Wheel there. I hear Ray Benson's in town, I'm not sure if he's going to be with them or not, but it's a rumor that's been floating around. And I'm going to blow on those embers a little bit and hope that we can get him there. And I know he's in town and then Mark Chestnut who's a native of Beaumont's going to be there. We're going to have lots of good food, plenty of cold beer, and a great time will be had by all. I have Jefferson County Judge Jeff Brannick, if you'd raise your hand. Orange County Judge Carl Thibodeaux; and the mayor of Beaumont Becky Aims is here with us today; and Orange City council member Jimmy -- and Port Arthur mayor Delores Bobbie Prince. And city council member Jimmy Sims. Thank you all for joining us today. And Mr. President, I move passage, move adoption of Senate Resolution 381.

DEWHURST: Thank you, Senator Williams. Members, you've heard the motion by Senator Williams. Is there objection from any member? Chair hears no objection, and the resolution is adopted. Mr. Doorkeeper.

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

SENATOR DAVID DEWHURST: Admit the messenger.

MESSENGER: Mr. President, I'm directed by the House to inform the Senate that the House has taken the following action. The House has passed the following measures, HCR32 Craddick, in memory of Linley Paul Hamm of Midland; HCR38 Eiland, paying tribute to the life of --

DEWHURST: The Chair lays out the following resolution. Senate Resolution No. 349 by Senator West. The secretary will read the resolution.

PATSY SPAW: Senate Resolution 349 declaring Monday February 28th, 2011, as the Linx, Incorporated Day at the State Capitol by West.

DEWHURST: Thank you, Madam Secretary. The Chair recognizes Senator West to explain the resolution.

SENATOR WEST: Thank you very much, Mr. President. Mr. President, members, I stand to recognize and welcome outstanding ladies of Linx, Incorporated to the Capitol. The organization is based upon the ideals of combining friendship and community service. Linx Incorporated consists primarily of African American with over 2,000 members in 274 chapters internationally. The four facets of Linx, Incorporated includes national trends and services, services for youth, the Linx, Incorporated offered program such as Operation Seed and Just Say No. International trends and services, the arts. The Linx, Incorporated are actively involved in promoting African American and African American art in order to educate youth and adults about artwork and its significance. Senator Ellis wants to coauthor this with me. We have on the floor, and the reality is there's several others that should be on the floor too, but what I'm going to do is to say the names of everyone. Ariseland Goodall, western area Chair, Mid City chapter; Sergio Malone who's not here with us, Senator Malone, immediate past president and western area Dallas chapter; Susie Bellpest past Chair, women's issues and economic empowerment, Plano chapter; Beverly Lou, member of Mid City Chapter; Crystal Swann, public relations Chair; and our own Helen Giddings is a member also of the Linx. So members, I want to ask each and every one of you to vote to pass this resolution and let's honor, Mr. President, these fine ladies and all the things that they do.

DEWHURST: Thank you, Senator West, well said. Members, you've heard the motion by Senator West. Is there objection from any member? Chair hears no objection, the resolution is adopted. Senator Williams. The Chair lays out the following resolution, Senate Resolution 382 by Senator Williams. The secretary will read the resolution.

PATSY SPAW: Senate Resolution 382 recognizing the Texas Barbecue Festival Cookoff. By Williams.

DEWHURST: The Chair recognizes Senator Williams on the resolution.

SENATOR WILLIAMS: Thank you, Mr. President. Members, it's my pleasure to recognize the Texas Barbecue Festival Cookoff in Vidor, Texas. This cookoff has attracted thousands to Vidor and Orange for more than two decades. Texans are noted for their love of barbecue and over the years cooks at the festival have provided superior cuisine and satisfying the most discriminating of barbecue palates., I encourage everyone to visit Vidor on April 29th of this year through May 1st for delicious barbecue and great company. Please join me in welcoming the representatives of Vidor to the Capitol today. Would you all stand?

DEWHURST: Thank you, Senator Williams. You've heard the motion by Senator Williams. Is there objection from any member? The Chair hears no objection, and the resolution is adopted. The Chair lays out the following resolution, Senate Resolution No. 22 by Senator Ellis. By Senator Ellis, 22, the Secretary will read the resolution.

PATSY SPAW: Senate Concurrent Resolution 22; whereas, a number of proud Texans are visiting Austin on February 28th, 2011, to celebrate Texas Southern University Day at the State Capitol; and, WHEREAS, Founded in 1927, with a loan from the Houston Public School Board, Texas Southern University opened its doors as Houston Colored Junior College; the school was highly successful and enrollment grew quickly, leading to the transition to a four-year institution in 1934, with a graduate program added in 1943; the Texas Legislature appropriated $2 million in 1947 to buy the campus of what was then Houston College for Negroes in order to create a new state-supported university, and four years later the school assumed the name Texas Southern University; and WHEREAS, Today, Texas Southern is one of the largest of the historically black colleges and universities in the United States; located in Houston's Third Ward, it enrolls more than 9,500 students from throughout the country and around the world, and it employs nearly 1,500 faculty and staff; it is composed of nine schools and colleges that offer 53 baccalaureate academic majors, as well as 36 master's and 6 doctoral degree programs; and WHEREAS, Texas Southern University is committed to serving students of diverse cultural, religious, educational, and economic backgrounds and to preparing them for future leadership roles; the university trains the majority of African American lawyers in Houston and African American teachers in the Houston Independent School District, and it has historically graduated more than 27 percent of the African American pharmacists in the United States; in addition, the university's Thurgood Marshall School of Law has been recognized by U.S. News & World Report as the most diverse law school in the nation; and WHEREAS, Throughout its history, Texas Southern University has provided its students with a solid foundation for achievement, and it has been a powerful force for social progress and economic development in the Lone Star State; now, therefore, be it RESOLVED, That the 82nd Legislature of the State of Texas hereby recognize February 28, 2011, as Texas Southern University Day at the State Capitol and extend to all those associated with this notable institution sincere best wishes for continued success; and, be it further RESOLVED, That an official copy of this resolution be prepared for Texas Southern University as an expression of high regard by the Texas House of Representatives and Senate.

SENATOR OGDEN: Chair recognizes --

SENATOR ELLIS: Thank you, Mr. President.

SENATOR OGDEN: Chair recognizes Senator Ellis.

SENATOR ELLIS: Thank you, Mr. President and members. We've got a lot of enthusiasm here today, and I'm going to let my guests stand there for a second and mention that I have two resolutions up there. And before I talk about what the first one is for, I'm going to mention what the second one is for. So I'll just adopt it when it comes up, you don't have to read it all. But Texas Southern University, the Flying Tigers won the 2010 Southwestern Athletic Conference Football championship title defeating Alabama State University. And obviously they're very proud. A lot of you all don't know it, members, but I had a football scholarship at Texas Southern University. Now, I know Royce a little better because he's a little bigger than me, he's the only jock on this floor. But I want you to go check the record, Rod Page gave me a football scholarship to go to Texas Southern University to bring me back home from Xavier in New Orleans. Since the statute of limitations has run now, I can point out my real job was to help tutor some of the athletes and raise money for that university, but, Royce, I did have one. Texas Southern University, as she mentioned, was created in 1927 as a junior college. I just want to reiterate that again. Imagine in 1927 this junior college went on to become a state supported institution which makes it older than the other public universities in Houston. They're all fine universities, but they've done a great job. Mr. President, you've been very helpful over the years when certain crises have come up, as have all the members on this floor. But we all ought to be proud of that school. My predecessor in the Senate graduated from Texas Southern, Barbara Jordon. Craig Washington graduated from Texas Southern.Of course, I graduated from there. Royce did go over there and get a few tutorials when he was at University of Houston. Also, of our members who happen to be African American go on to the United States Congress, Craig Washington, Al Green and also Barbara Jordan also studied at that university. But it has a very rich history. On the floor we have the chairman of the board of regents who's also a former member of the Texas House, Glenn Louis, glad to have you here. We also have the president of the university, former president, dean of law school, the coach, the athletic director of Texas Southern University, and one of the top deans at the school as well. Members, would you please welcome my guests on the floor and all of the TSU leaders that are in the gallery as well.

SENATOR OGDEN: Senator Ellis moved to adoption Senate Resolution 367. Is there objection? Chair hears none, the resolution is adopted. Senator Van de Putte. Chair lays out the following resolution. The Secretary will read the resolution.

PATSY SPAW: Senate Resolution 279; whereas the Senate of the State of Texas is pleased to recognize Dan Leija who has been named state teacher of the year; and whereas, a 5th grade mathematics and science teacher (inaudible) elementary school in San Antonio. Dan Leija is an innovative and resourceful educator who has a profound influence on the lives of his students; and whereas through a combination of alternative teaching methods and obvious concern for his students' well being Mr. Leija is able to reinforce the connection between what is being taught and its real world application so that students can become fully invested in their education. And whereas, known throughout his school as Dan, Dan the Science Man for the wide array of unique objects in his room and his weekly school wide science experiment, Mr. Leija has made science education a living experience for all his students who have demonstrated impressive success on the Texas assessment of knowledge and skills test; and whereas, Mr. Leija has received recognition for his advancement of improved teaching practices, he appeared on the Public Broadcasting Service nationwide broadcast of a program in which he discussed innovative ways to teach at risk students and he has created and managed programs to help parents and fellow teachers alike; and whereas, Dan Leija has made countless contributions to his students and his community and it is truly fitting that he be recognized with this signal honor. Now, therefore be it resolved that the Senate of the State of Texas 82nd Legislature hereby commend Dan Leija on his commitment to his students in his profession and extend congratulations to him on being named state teacher of the year. By Van de Putte.

SENATOR OGDEN: Chair recognizes Senator Van de Putte on the resolution.

SENATOR VAN DE PUTTE: Thank you, Mr. President. Mr. President and members, it is my honor today to recognize the teacher of the year. Dan Leija is from San Antonio. And, members, you helped him become a teacher, Dan was and has greatly served our nation in the Air Force for 21 years where his motto and the motto of the Air Force "integrity first, service before self, and excellence in all that we do were" the values that he carried then in the Air Force and the ones that he carries today in the classroom. You helped Dan become a teacher by your support of the program Troops to Teachers. Dan was in the middle of getting that education to come back to the classroom and then got sent off again to serve our country, came back and finished through our alternative certification programs. And having served now as our science teacher at Asparsa School, he is recognized in the Northside school district and throughout our region and now through the state. He is joined today by his wife Maryann and the superintendent of the Northside independent school district, Dr. John Folk and representing also Northside, Mr. George (inaudible). And you heard from the resolution that he has been recognized by many media outlets for his extended work. I've got to tell you that he has written a code. It's called "I am a teacher." And "I am a teacher, I have answered my nation's call to redefine the future. I have been entrusted to nurture and develop our country's most precious resource, our children." His code goes on to say "I am a coach, mentor, counselor and friend. I am a professional, I am a partner, I am a shepherd, I am an advocate, I am a confidante, I am a teacher. I have answered the call, I cannot and will not fail." Please help me recognize our Texas teacher of the year from San Antonio, we know him as Dan, Dan, the science man. Members, please welcome our teacher of the year Mr. Dan Leija.

SENATOR OGDEN: Chair recognizes Senator Shapiro.

SENATOR SHAPIRO: Thank you, Mr. President, and members. Senator Van de Putte, you just told me about this about two minutes ago, this is so wonderful. You should be so very proud of the work that you do. You were the reason we in education say that people who have passion and desire and care about the students need to be in the classroom and I thank you so much for your wonderful example to all teachers and all people out there who cared deeply for students. They too could be teacher of the year if they follow your lead. Thank you so much.

SENATOR OGDEN: Senator Van de Putte moves adoption of the resolution. Is there objection to the adoption of the resolution? The Chair hears none, the resolution is adopted. Congratulations. Chair lays out the following resolution by West. The secretary will read the resolution.

PATSY SPAW: Senate Resolution 359 declaring Monday February 28th, 2011, as Alpha Kappa Alpha Day at the State Capitol. By West.

SENATOR OGDEN: Chair recognize Senator West on the revolution.

SENATOR WEST: Thank you very much, Mr. President and members, I rise to welcome the women of Alpha Kappa Alpha on AKA Day at the Capitol including my wife Carol, including my wife Carol, including my wife Carol. Alpha Kappa Alpha is the first Greek lettered sorority established and incorporated. The sorority was founded January 15th, 1908, at Howard University in Washington, D.C.. It consists of college educated women of many diverse beings from around the world. The sorority serves through a membership of more than 250,000 women and over 900 chapters in the United States and several other countries. After the organization was established over a century ago, Alpha Kappa Alpha has helped to improve social and economic conditions through community programs. The sorority works with communities through service initiatives. On the floor this evening this afternoon we have several members of the distinguished organization, Carol West, Betsy Shaw, Darlene Todd, Asianty Williams, Jackie Johnson, and Gwinnette Nelson. And members, in the west gallery, we also have members of this distinguished sorority that are standing taking pictures also. So Mr. President, members, I'd ask that we welcome them to the State Capitol and claim this as AKA Day in the state of Texas.

SENATOR OGDEN: Senator, we welcome all members, but specially your wife to the Senate floor, nice to see you Mrs. West. Senator West moves that the resolution be adopted. Is there any objection? The Chair hears none, resolution is adopted. Members, we have two memorial resolutions to take up. Would you take your seats, please? Chair lays out the following resolutions. The Secretary will read the resolutions.

PATSY SPAW: Senate Resolution 403 in memory of Emma Jackson Long who died January 16th, 2011, at the age of 98. Senate Resolution 404 in memory of Sue Brandt McBee who died January 3rd, 2011, at the age of 87. By Watson.

SENATOR OGDEN: Chair recognizes Senator Watson on the resolutions.

SENATOR WATSON: Thank you very much, Mr. President, members. It is my real honor to take a moment and bring forward resolution -- Senate Resolutions 403 and 404 honoring two great Austin and Texas women. Senate Resolution 403 relates to former city council member Emma long. Council member Long was the first woman to serve on the Austin City Council, and in the 1950s she helped to integrate city facilities including the main library and she worked to prohibit racial discrimination in city housing. At the request of President Lyndon Johnson, Ms. Long served as a United States delegate to the world population commission and then at several national Democratic party conventions. She was a civic icon in Austin, Texas and a mentor to many. As was indicated in the reading of the resolution, she died on January 16th, 2001(sic), at the age of 98 but today would have been the birthday of Emma Long. We are joined today by some of her family. Her sons, Jefferson Payne Long of Cedar Creek, Texas and his wife Nina Spellman and Jeb Jackson Long of La Canada, California together with a granddaughter Vicki Long Alannis. And let's say welcome to them on the birth date of Emma Long. In addition, it is fitting and proper that we would also bring forward Senate Resolution 404 on this day honoring the life of Sue McBee. Ms. McBee was a distinguished journalist and author chronicling the story of Austin and the Austin Statesman and many books. She contributed greatly to the nonprofit and philanthropic community through her work with the Heritage Society of Austin, United Way Capital Area, St. Edward's University and the Laguna (inaudible) Art Museum. The establishment of the Sue and Frank McBee Elementary School pays tribute to her lifelong dedication to education. Ms. McBee passed away on January 3rd this year at the age of 87, and we are joined in the gallery today by Robert McBee of Houston, Texas, her son, and her daughter Marilyn McBee Moore of Austin. Let us welcome them also to the Senate chamber. Members, it is my distinct pleasure and honor to ask you to vote in favor of Senate Resolution No. 403 honoring the wife of -- the life of Emma Long and Senate Resolution No. 404 honoring sue McBee. Mr. President, I move adoption.

SENATOR OGDEN: Would all those in favor of the resolutions please rise. The resolutions are adopted. Thank you, Senator. Chair lays out the following resolution by Duncan. Secretary will read the resolution.

PATSY SPAW: Senate Resolution 214 congratulating the Ida Lou High School football team on winning the University Interscholastic League 2A division state championship. By Duncan.

SENATOR OGDEN: Chair recognizes Senator Duncan on the resolution.

SENATOR DUNCAN: Thank you, Mr. President, members. The small town of Ida Lou, Texas which is northeast of Lubbock has come up with some pretty infamous figures. One of them you may know as Dr. Wayne Isom who was -- is the New York heart surgeon that performed surgery on David Letterman and Larry King and many other famous folks. One of the best heart surgeons in the world. But a new team of famous figures was born on December 18th, 2010, when the Ida Lou High School beat Lexington High to win the UIL 2A Division Texas state football championship. The 20 to 3 win kept a remarkable 11 game winning streak by the Wildcats. The Wildcat program led by now retired, and it's a good time to retire while you're on top. A good time to retire for Coach Johnnie Taylor who has -- members, has the best winning percentage in 2A football over the past decade and has made the playoffs for over 12 consecutive years. Please help me welcome and congratulate these fine young men on an outstanding achievement. Welcome to the floor our head coach and former defensive coordinator Don Long, he's the new head coach, superintendent Jim Waller and the famous head coach of the championship team, Johnnie Taylor. Johnnie, congratulations.

SENATOR OGDEN: Senator Duncan -- Senator Duncan moves adoption of the resolution. Is there objection? The Chair hears none, the resolution is adopted. The Chair lays out the following resolution by Seliger. The secretary will read the resolution.

PATSY SPAW: Senate Resolution 387; whereas, the Senate of the State of Texas takes great pride in recognizing the honorees of the 2011 Texas Medal of Arts award; and whereas, the honorees selected by the Texas Cultural Trust for their outstanding talents and for their exceptional contributions to the artistic disciplines in the Lone Star State. The arts enrich and broaden the lives of our citizens and each of these honorees has played a significant role in that capacity; and whereas, Barbara Smith Conrad a meso soprano of international family and civil rights icon received the lifetime achievement award. Robert M. Etsell, an author and founder of the monuments and foundation for the preservation of art received the literary award. Thomas F. Staley, a renowned educator and director of the Harry Smith University at the Texas at Austin received the art education award; and James Drake an internationally acclaimed artist with works in the permanent collections of over 30 museums around the world received the visual arts award; and whereas, the Ally Theater and internationally recognized company and the recipient of a Tony award received the theater award. HEB, a major grosser with stores throughout the state, as a long-time supporter of the arts in Texas received the corporate award. Bob Schaffer, long-time CBS news anchor and chief Washington correspondent received the television award; and Ray Benson, the nine time Grammy winning frontman of the western swing band Asleep at the Wheel received the multimedia award; and whereas, Ernest and Sarah Butler, major donors to numerous local arts organization and to the University of Texas at Austin School of Music received the individual patrons award. Marsha Gay Harden, the Oscar winning actress with roles in such films as Pollack and the First Wives Club received the film actress award. Bill Paxton, the four time Golden Globe nominee and star in the hit series Big Love and in Apollo 13 and Titanic received the film actor award. And ZZ Top the legendary rock band that has sold over 50 million albums worldwide with eight top 40 hits received the music award; and whereas, these honorees have contributed greatly to the rich cultural heritage of our state and they have the deep admiration and esteem of citizens across our state; now, therefore, be it resolved that the Senate of the State of Texas 82nd Legislature hereby commend the recipients of the 2011 Texas Medal of Arts Award on their outstanding achievements and their dedication to the advancements and arts of Texas. By Seliger.

SENATOR OGDEN: Senator recognizes Senator Seliger on the resolution.

SENATOR SELIGER: Thank you, Mr. President, the secretary has confirmed the rumor that Senator Williams talked about, Ray Benson is in town as well as ZZ top whose beards, by the way, were inspired by Senator Nichols. And there's a celebration for the next couple of days given by the Texas Cultural of Trust, which is a nonprofit organization that raises private dollars statewide to elevate the importance of art, education and heighten arts awareness. The organization supports the programs of the Texas Commission on the Arts and other qualifying state agencies. And the signature event of the cultural trust is a Texas Medal of Arts Award. The event spotlights and recognizes the exemplary talents of outstanding contributions by Texas in the selected categories, ultimately featuring the best in Texas and also honoring Texas who achieves greatness through their creative talents as well as those whose philanthropic generosity has opened doors to our community for Texans of all ages. Legislators are invited to attend the legislative session tonight at the Visual Arts Center on the UT campus at 6:00 p.m. with the Lieutenant Governor and the speaker will be making remarks. I'd also like to remind you of the dinner tomorrow night at the Long Center for the Performing Arts across the river followed by the Texas Medal of Arts award show at 8:00 p.m. MCed by 60 Minutes Scott Pelly. I look forward to being able to see you this evening and tomorrow night at these singular and wonderful events held by the Texas Cultural Trust. And, Mr. President, I move passage of the 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 by Williams. The secretary will read the resolution.

PATSY SPAW: Senate Resolution 380 recognizing Human Center on Port Arthur on its 75th anniversary. By Williams.

SENATOR OGDEN: Chair recognizes Senator Williams on the resolution.

SENATOR WILLIAMS: Thank you, Mr. President, members. It's my privilege today to welcome Monty Osborne who's the CEO and executive director of the Human Center and Randy Sonye, the Human Center's board president. These guests that are with us on the floor today are here to help celebrate the 75th anniversary of the Human Center. It was incorporated in 1936 as the Port Arthur Society for Crippled Children. The Human Center has often removed barriers faced by children with disabilities. The early success of the center played a major role in the passage of the Texas State Education Act in 1945 which is recognized for the founding of Texas Special Education for Handicapped Children. It's truly deserving of recognition for the profound difference that you all have made in the lives of so many families and people with special needs. Members, help me in joining these folks and honoring them for the 75th anniversary of the Human Center. Thank you. Passage.

SENATOR OGDEN: Senator Williams moves passage of the resolution. Is there objection to the adoption of the resolution? The Chair hears none, the resolution is adopted. The Chair lays out the following resolution by Deuell. The secretary will read the resolution.

PATSY SPAW: Senate Resolution 361 declaring Monday February 28th, 2011, as Rollette Chamber of Commerce Government Affairs Day at the State Capitol. By Deuell.

SENATOR OGDEN: Chair recognizes Senator Deuell on the resolution.

SENATOR DEUELL: Thank you, Mr. President, members, it's my honor to welcome representatives of Rollette Chamber of Commerce to celebrate the Chamber of Commerce Government Affairs Day at the Capitol. The Rollette Chamber of Commerce serves as an advocate for local businesses and the local economy and their hard work in maintaining a friendly local business climate benefits local small businesses and consumers in my district. I appreciate their efforts and look forward to their continued advocacy as Rollette and the surrounding areas continue to grow. Joining us on the floor today Chamber Chair elect Barry Young; interim Chamber elect President Tina Delnickey; and representing the city of Rollette Dianne Lemmons and Ben white. We appreciate you being here. Members, let's welcome these fine folks to the Senate chamber.

SENATOR OGDEN: Senator Deuell moves adoption of Senate Resolution 361. Is there objection to the adoption of the resolution? The Chair hears none, the resolution is adopted. The following bills and resolutions on first reading and reference to committee. The secretary will read the bills and the resolutions.

PATSY SPAW: Senate Bill 421 by Williams. Relating to the establishment of a voluntary compensation plan as an alternative to litigation. To State Affairs. Senate Bill 473 by West. Relating to adverse possession of real property by a cotenant heir to other cotenant heirs. To Jurisprudence. Senate Bill 550 by Eltife. Relating to the required public notice of the names of a certain number of finalists for the position of superintendent of a public school district. To the select committee optional services Open Government. Senate Bill 588 by Uresti. Relating to a documented member of the (inaudible) traditional tribe of Texas hunting certain deer. To Agriculture and Rural Affairs. Senate Bill 624 by Whitmire. Relating to the repeal of the driver responsibility program. To Finance. Senate Bill 645 by Nichols and Hegar. Relating to the continuation and functions of the state soil and water conversation board. To Government Affairs. Senate Bill 646 by Nichols and Hegar. Relating to the continuation and function of the Texas forest service. To Government Affairs. Senate Bill 647 by Hegar. Relating to the continuation and operation of the office of public insurance council. To Government Organization. Senate Bill 651 by Huffman and Hegar. Relating to the continuation and function of the office of employee council under the workmans compensation program. To Government Organization. Senate Bill 796 by Nelson. Relating to the reporting of prevention and treatment of diabetes in the state. To Health and Human Services. Senate Bill 912 by West, Shapiro, Davis and Duncan. Relating to temporary modification under certain circumstances of procedures authorized by the nonrenewal of public schoolteacher term contracts. To Education. Senate Concurrent Resolution No. 120 by Fraser. Urging the United States Congress to prevent the Environmental Protection Agency from regulating greenhouse gases for stationary sources. To Natural Resources.

SENATOR OGDEN: Chair lays out the following resolution by Gallegos. The secretary will read the resolution.

PATSY SPAW: Senate Resolution 323 recognizing the students, faculty and staff of DeVry University for their commitment to excellence and education. By Gallegos.

SENATOR OGDEN: Chair recognizes Senator Gallegos on the resolution.

SENATOR GALLEGOS: Thank you, Mr. President. Members, it's with great pride that we have the opportunity today to recognize three stellar students of DeVry. And today I'm joined -- also Senator Whitmire's helping me out with this one also, but the three students are Jimmy Espinozo, Louise Soleno and William (inaudible). They're all seniors of DeVry's University of Houston main campus, they have truly put their education to higher work. After learning about the technological needs of Texas parks and wildlife, Ranger Robert Crossman and these upcoming graduates developed an innovative and eco-friendly solar powered backpack able to collect solar energy and power tools essential to park rangers out in the field. This emergency survival backpack implements an environmentally sound renewable energy technologies and allows the user to recharge vital portable equipment while in the field. And these bright young men went from a prototype to finished product having recently presented their finished product to the Parks and Wildlife for continued use. I commend DeVry University, students, faculty and staff on their commitment to excellence and education and wish them continued success. I also want to introduce -- will the three gentlemen that I introduced are on the floor along, with their backpack to the Texas Parks and Wildlife and also the dean of engineering and technology at DeVry, Dean Nemoniski and also the special assistant to the director of the state's park division of Texas Parks and Wildlife Kevin Good. Members, please join me in recognizing the outstanding young men, Park Ranger Crossman and the delegation from DeVry which is up in the gallery behind me. If y'all would please stand and DeVry for their students and achievements and the university's over 42 years of educational excellence and partnership with the state of Texas. Welcome.

SENATOR OGDEN: Senator Gallegos moves adoption of Senate Resolution 323, is there objection to the adoption of the resolution? The Chair hears none, the resolution is adopted. Congratulations. Chair lays out the following resolution by Van de Putte. The Secretary will read the resolution.

PATSY SPAW: Senate Concurrent Resolution No. 19 recognizing the Reach Out and Read Program. By Van de Putte.

SENATOR OGDEN: Chair recognizes Senator Van de Putte on the resolution.

SENATOR VAN DE PUTTE: Thank you, Mr. President. Mr. President and members, as you well know, 34 percent of our students entering kindergarten don't have the basic language skills they will need to read and I along with Representative Susan King honoring today Reach Out and Read. Members, this is a program that allows parents to access reading materials and books for their children when they're in the pediatrician's office and also gives them a book at each well baby checkup. We're hosting a book collection drive here, and we've already had a lot of the staffs donate those books. This is a program where our private sector has really come up and helped. In the gallery today in recognition for this we have Amanda Marlowe who is the director for Reach Out and Read Texas, Dr. John Gasto who is the director of state initiatives for the Children's Learning Institute and Jan Stone the Austin regional coordinator for Reach Out and Read Texas. Mr. President and members, I move passage of Senate Concurrent Resolution 19 to honor Reach Out and Read Texas.

SENATOR OGDEN: Is there objection to the adoption of senate Concurrent Resolution No. 19? The Chair hears none. The resolution is adopted.

SENATOR VAN DE PUTTE: Thank you, Mr. President, please help me welcome the members of Reach Out and Read.

SENATOR OGDEN: The president's desk is clear. Are there any announcements? Yes. The senate Finance committee will reconvene at 3:20. Are there any other announcements? Senator Shapiro is recognized for a motion.

SENATOR SHAPIRO: Yes, sir. Thank you, Mr. President, I move to suspend the 24 hour posting rule pursuant to posting rules 1110 and 1118 so the Senate Committee on Education can hear Senate Bill 912 which has just been referred to Education which is by Senators West, Davis, Duncan and Shapiro in committee tomorrow at 8:30 a.m. in E1028 if anybody would like to know what that bill does. Does anybody care? You do. Oh, excellent. Senate Bill 912 -- my colleagues want to know what the bill does.

SENATOR OGDEN: Members, you've heard the -- do you want to explain it or not?

SENATOR SHAPIRO: Sure.

SENATOR OGDEN: Senator Shapiro is recognized.

SENATOR SHAPIRO: It's relating to temporary modification under certain circumstances to procedures authorized for the nonrenewal -- nonrenewal of public schoolteacher contracts. And so now you'll know. The teachers like it, the superintendents like it and the school boards like it. Oh, and Eltife -- I'll add that to my list, Eltife and Uresti like it.

SENATOR OGDEN: All right. Members, you've heard the motion. Is there any objection to the motion? Chair hears none, the motion's adopted. Chair recognizes Dean of the Senate for a highly privileged motion.

DEAN OF THE SENATE: Thank you, Mr. President, and members. Before I adjourn, I'd like to yield to Senator Estes for some remarks and ask everyone to give him attention.

SENATOR ESTES: Thank you, Dean. Members, if I could have your attention.

SENATOR OGDEN: Chair recognizes Senator Estes.

SENATOR ESTES: Thank you, Mr. President, members, if I could have your attention. Yesterday a longtime civic leader who was known for her dedication and to patriotism to history and education passed away. Her name was Mrs. Merle Anthony, and she was my high school teacher. Let me just say a few things people have said about this wonderful lady. The senior minister at First Methodist Church was quoted as saying, "She was the finest Christian woman I have ever known." A fellow teacher said, "I have known a teacher -- I've never known a teacher and I've known a lot of teachers who knew everything there was to know about what she was teaching. She never taught with notes, she just knew it." Members, she epitomizes the patriotic American and "she was someone who presented the facts about this country more effectively than any teacher in elementary, junior high or college" recalled a colleague. She taught history and humanities at Wichita Falls High School for 40 years and then retired in 1982, and she continued to lecture and taught citizenship classes to immigrants at Wichita High School and State Western University. I quote her, she said, "I think discipline is the main thing in teaching, no one can teach in an indisciplined atmosphere." She was named teacher of the year by Wichita Classroom Teacher Association in 1973, won the medal of honor from the Daughters of American Revolution in 1974. In 1985 North Texas Women's Hall of Fame in the field of religion and herself what she said. She said, "God and country is my favorite thing. I grew up in a home that appreciated the flag and all that it stood for" and she said of her patriotic devotion, "Someone must always be around to remind the young ones what America has given to us." She truly was to me the type of character that was Mr. Holland and Mr. Who land opus, so today I would like for us to honor, as we adjourn, Mrs. Merle Anthony. Thank you.

SENATOR OGDEN: Chair recognizes Senator Van de Putte.

SENATOR VAN DE PUTTE: Thank you, Mr. President. Members, I also would like to add a name that we would honor today as we adjourn. Today we lost the last of our World War I veterans, Mr. Frank Buckles who was 110 years old. He enlisted after lying at age 16, and although he died in West Virginia and he was born in 1901 in Missouri, he was raised in Oklahoma and was very fond of Texans and Texas ladies. Please let us remember today the last of the Dough Boys, Mr. Frank Buckles.

SENATOR OGDEN: Chair recognizes Senator Whitmire.

SENATOR JOHN WHITMIRE: Thank you, Mr. President. Members, I move that the Senate adjourn until 11:00 a.m. tomorrow in memory of Merle Anthony and Frank Buckles.

SENATOR OGDEN: Is there objection? Chair hears none. The Senate stands adjourned until 11:00 a.m. Tuesday March 1st. (Adjourned.)