Senate Transcript, February 8, 2011

SENATOR DEWHURST: 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, and Zaffirini.

SENATOR DEWHURST: A quorum is present. All on the floor and in the gallery please rise for the invocation to be delivered by Arnold Shineberg, congregation, Roget Shalom of San Antonio.

RABBI SHINEBERG: Our Father in heaven, thous who controlst the destinies of all men and in whose hands lays the fate of all nations. Cast thy divine favor on America and her leaders. May this blessed land always remain as citadel of freedom, a watchtower of light and hope. One nation under God with liberty and justice for all. We ask thy blessings upon our beloved men and women who in this hour stand guard on battlefields throughout the world dedicated to the defense, security and freedom of the American people. Father of all, thou hast implanted within humanity the qualities of love and courage and commanded us to pursue justice. We seek thy guidance and inspiration for thy faithful servants who are charged with the great responsibility of directing the affairs of our state of Texas. May thy spirit dwell richly within them as they work for freedom, justice and peace. May the Biblical ideals of freedom and eternity of justice equality enshrined in the American constitution become the heritage of all peoples of the earth. We ask it in thy name, our Father in heaven, Amen.

SENATOR DEWHURST: Thank you, Rabbi. Chair recognizes Senator Van de Putte. Rabbi, please, wait, sir.

SENATOR VAN DE PUTTE: Thank you, Mr. President. Members, it is my privilege today to have my dear friend Rabbi Shineberg with us. The Rabbi has been the spiritual leader for the congregation Roget Shalom for the last 40 years. And throughout this time he has been instrumental in building bridges with religious and civic communities all over our city and the state. In 1981 Rabbi Shineberg joined Pastor John Haguey of the Corner Stone Church for the First Night in Israel -- night to honor Israel in San Antonio. And through the years, their close relationship has provided that very fertile ground of growth in the Jewish Evangelical relationship. In 2007 Rabbi Shineberg with former head secretary Henry C. Nettles formed a group of what we call the 9/11 Keeping Faith Committee with then San Antonio Arch Bishop Jose Gomez. And in past years he has formed bridges and pathways, which is a Jewish Latino dialogue with different Jewish and Latino leaders. This is truly a holy man and one who does build bridges with all face in our community. I am proud to have my friend here and thank him for his prayer today. Please help me welcome Rabbi Shineberg to the Texas Senate. (applause).

SENATOR DEWHURST: Those of you in the gallery may be seated. Senator Whitmire moves to suspend the reading of yesterday's journal. Is there objection? Chair hears none, so ordered. The chair recognizes Senator Watson to introduce the doctor of the day.

SENATOR WATSON: Thank you very much, Mr. President. Members, we are blessed today, we have two doctors of the day and I'm really pleased to get to introduce both to you. The first is Dr. Emily Becker, who is a behavioral health medical director for the Texas Department of Aging and Disability Services. In that position she's responsible for the quality of the clinical behavioral health services that DAHS delivers, provides support and guidance to the medical directors at the state hospital facilities. She also consults advising on behavioral health care issues with community mental care centers and local providers of substance abuse services. She's board certified in child, adolescent and forensic psychiatry. And prior to her current position, Dr. Becker served as an attending physician at Austin State Hospital on several adult acute care units and the female adolescent unit. She is -- she's active at the medical director at the Austin Travis County MHMR and was the child psychiatrist for its child and adolescent emergency team. She's a graduate of Baylor College of Medicine. Let's thank and welcome Dr. Emily Becker. (Applause).

SENATOR WATSON: In addition we have with us today Dr. Julie Graves Moye. Dr. Moye is the medical services coordinator at the Texas Department of Aging and Disabilities Services, state supported living centers division. She is a graduate of the University of Texas Southwestern Medical School and also Rice, but she also holds a master of public health degree from the University of Texas. She is, as you might expect, a member of the Texas Academy of Family Physicians and the American Academy of Family Physician. She's also been honored by MD Anderson Hospital with the C. Frank Webber award for excellence in oncology, and she is board certified by the American Board of Family Medicine. Let's also thank and welcome Dr. Julie Moye. (Applause).

SENATOR DEWHURST: Welcome to the Senate, Dr. Moye and Dr. Becker and thank you for your service. Chair recognizes Senator Birdwell for an introduction.

SENATOR BIRDWELL: Thank you, Mr. President. Mr. President, members, I just want to welcome the delegates of the Texas Police Chiefs Association seated in the Senate south gallery. Leading this group is current TCPA president Chief John Chancellor and executive director James McLaughlin, the diverse membership representing over 300 cities and nearly 15 million Texans. The TCPA strives to promote, encourage and advance the professional development of police chiefs and senior officers throughout the state. Members, please join me in welcoming these great police chiefs to the state Senate. (Applause).

SENATOR DEWHURST: Chair recognizes Senator Zaffirini for an introduction.

SENATOR ZAFFIRINI: Thank you, Mr. President. Mr. President and members, seniors from Senate District 21 and across Texas are here today for Senior Day at the Texas Capitol. They're meeting with legislators and speaking out regarding issues of critical importance to older Texans. I'm so thankful to the Wilson County delegation from my district for this lovely red, white and blue shawl that they gave me this morning. It is a fitting reminder of the many ways in which seniors enrich all of our lives. In south Texas we share a strong commitment to our seniors, especially in promoting access to quality health and human services education. I hope that each of you members will take time to visit with your senior constituents today and listen closely to what they have to say. One of them told me, Remember what Emerson son said, the best tunes are played on the oldest fiddles. In the north gallery today are delegations from Senate District 21 including seniors from Wilson County and some from Bear County. Please stand and be recognized and welcome to the Texas Senate. Thank you for your leadership and your good work. (Applause).

SENATOR DEWHURST: Chair recognizes Senator Estes for an introduction.

SENATOR ESTES: Thank you, Mr. President. May I be recognized for two introductions?

SENATOR DEWHURST: Sure. One at a time.

SENATOR ESTES: Thank you, Mr. President. Members, today I'm pleased to welcome the people from Wise County, the delegation here today, it's Wise County today at the state Capitol. Please stand and let me introduce, if I may, Commissioners Danny White, raise your hand. Commissioner Kevin Burns, Commissioner Harry Lamans (phonetic) and Commissioner Terri Ross. They're with us here today in the gallery and we're -- they're joined by numerous and other community leaders, and I'm honored to represent these great citizens of Wise County with its rich history and culture. Members, please help me welcome my constituents from Wise County. (Applause).

SENATOR DEWHURST: Senator Estes is recognized for another introduction.

SENATOR ESTES: Thank you, Mr. President. Members, today I'd like to recognize a very special young lady who is serving as my aide for the day. It's my honor to have her here to show her the legislative process. Ms. Carolyn Shivers is a senior at Trinity Valley School in Fort Worth, Texas. She has received permission to take time off from school for this important learning opportunity. Ms. Shivers has an eagerness to learn, and she's extremely interested in government. She took AP government as a junior in high school and is currently taking constitutional law. I would also like to take the opportunity to honor her great grandfather, the late governor Allen Shivers. Governor Shivers was elected to the Texas Senate in 1934 and he was elected Lieutenant Governor in '46 and then reelected in '48. When Governor Buford Jester passed away in July of 1969, Governor Shivers succeeded him, and in 1950 Shivers won election as governor and then set a precedent as a three term governor, winning again in '52 and '54. And, Senator Zaffirini, Governor Shivers was so popular, he was nominated both on the Democrat and the Republican ticket, and I'm proud to tell you that he won overwhelm -- Democrat Governor Shivers won over Republican Governor Shivers by a landslide. So, members, please welcome Ms. Caroline Shivers to the Texas Senate. Thank you. (Applause).

SENATOR DEWHURST: The following motion in writing. The secretary will read the motion.

PATSY SPAW: Motion in writing. I move that a committee of five members of the Senate be appointed by the President to escort the governor and First Lady of Texas to the joint session for the State of the State address today. By Whitmire.

SENATOR DEWHURST: Is there any objection to the motion? Chair hears none, motion's adopted. Following committee, the secretary will read the committee.

PATSY SPAW: Governor's escort committee for State of the State: Senator Ogden, Chair; members: Senators Davis, Estes, Patrick and Uresti.

SENATOR DEWHURST: Members, the chair recognizes Senator Davis for an introduction.

SENATOR DAVIS: Thank you, Mr. President. It is my honor and privilege today to recognize Laura Dean Mooney, the MADD national president from July 2008 through June of 2011. Following the death of her husband Mike Dean in a drunk driving crash, Laura joined MADD to help craft better laws to ensure that the tragedy never affected another family. For the past 17 years Laura has worked steadfastly to change the laws in both Texas and Florida. As national president of the organization, she is doing similar work in all 50 states so that one day she can witness the total elimination of drunk driving. On November 21st, 1991, Mike Dean left Oklahoma where he had been on a business trip and drove toward the Dallas/Fort Worth area to visit his family. He and Laura, both native Texans, just moved to Denver six months prior to start a new chapter in their life with their eight-month old daughter. At 7:15 p.m. on that Thursday evening a drunk driver going the wrong way on a Texas highway met Mike's car head-on killing him instantly and simultaneously making her both a grieving widow and a single mother. The offender, who died at the crash scene, was driving with an almost empty bottle of whiskey in his vehicle. After the crash, Laura moved to College Station, Texas. Once she got her settlement from the civil suit in 1993, she called the MADD Texas chapter to donate some of the proceeds to the organization specifically to help public policy efforts in Texas. This started her involvement with the organization. She became active with the Brazos County chapter, and soon after she received a position on the Texas state board and was elected state chairperson in 2000. She moved to Florida in 2001 and immediately began volunteering with the Central Florida chapter. In 2001 she came on as a chapter adviser to the national board of directors and was elected to the national board of directors in 2002. She served as chapter president of the Central Florida chapter from 2003 to 2005. She served as co-chairman of the law enforcement advisory committee from 2004 to 2008 and served as leadership chair of the MADD Florida state council just before taking office as national president. Carrying on her passion for public policy, Laura served as a public policy committee chair while on the national board of directors and held numerous other leadership positions. A proud graduate of Texas A&M University, Laura, once again, a College Station resident, enjoys reading and scrap booking. It is an honor to have Laura on the floor with us today. It's an honor to receive the benefit of her work with MADD on behalf of so many other families in Texas, and we welcome and congratulate you for everything you've done, Laura. Thank you very much. (Applause).

SENATOR DEWHURST: Chair recognizes Senator Deuell for an announcement.

SENATOR DEUELL: Thank you, Mr. President. Members, Wednesday during tomorrow's session I will move to confirm the nominees listed on the committee action report placed on your desks. These nominees were taken up and and confirmed at our Monday, February 7th meeting. Thank you.

SENATOR DEWHURST: Chair lays out the following resolution. The secretary will read the resolution.

PATSY SPAW: Senate Resolution 191 recognizing Paula Lee, Ms. Texas Senior America 2010. By West.

SENATOR DEWHURST: Chair recognizes Senator West to explain the resolution.

SENATOR WEST: Thank you very much, Mr. President and members. I stand to recognize Paula Lee, one of my constituents, who holds the coveted title of Ms. Texas Senior America 2010. She and others are here today visiting for Senior Day. Ms. Lee proudly represents the Miss Senior American pageant which honors and emphasizes the importance of women who have reached the age of elegance. Although Paula's grace and beauty, she's a competitive power lifter winning first place honors in her age and weight division. Members, Ms. Lee trains and exercises at various gyms, including the one, believe it or not, that I frequent every now and then. Paula bounds the mission of the pageant to pass on her invaluable resources, knowledge, and experience to future generations to build upon a legacy that will foster a better tomorrow. Experience that impacted her life and she shares with others was bearing witness to the Civil Rights March led by Dr. Martin Luther King while she was attending high school in Jackson, Mississippi. She and her husband reside in Duncanville where they own an award winning Harley Davidson Chopper. Mr. President and members, Mrs. Texas Senior American 2010, District 23's own, Paula Lee. I move adoption of the resolution.

SENATOR DEWHURST: Thank you, Senator West. Members, you've heard the motion by Senator West. Is there any disagreement with any member? Any objection? The chair hears no objection, and the resolution is adopted. (Applause).

SENATOR DEWHURST: Members, the president's desk is clear. Are there any announcements? Members, the president's desk is clear. Are there any announcements? Senator Whitmire -- Senator Whitmire -- the president's desk is clear. Chair recognizes the dean of the Senate for a highly privileged motion.

DEAN OF THE SENATE: Mr. President, members, I move that the Senate adjourn until 11:00 a.m. Wednesday pending the conclusion of the joint session.

SENATOR DEWHURST: Thank you, Senator Whitmire. Members, is there any objection from any member? Chair hears no objection from any member, and the Senate will stand adjourned until -- pending the conclusion of today's joint session until 11:00 a.m. tomorrow, Wednesday, February the 9th. Members, will the senators and the escort committee please proceed to the speaker's committee room to perform their duties? At this time the Senate will stand at ease while we proceed to the front doors of the House chamber. (Adjourned.)