Senate Transcript, March 15, 2011

SENATOR 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 Darryl Horton, the Church of St. John the Divine in Houston.

PASTOR: Shall we pray? For this day, we give thanks. As we take this moment, we recognize the need for Your wisdom and guidance. For every senator, direct their thoughts so they focus on the needs of the people they represent. Give clarity to their speech so it resonates with the desires of their constituency. Touch their hearts so they beat in concert with the concerns of all Texans. Open their ears so they may hear one another and the voice of every citizen. Guide them through every discussion and every vote. Bless each senator with a sound mind, good health, and the strength to persevere. Help them to always be mindful of the blessed privilege to be servient leaders. All this we pray in His name. Amen.

SENATOR OGDEN: Thank you, Reverend. You may be seated in the gallery. Senator Whitmire moves to dispense from the readings of yesterday's journal. Is there objection? Chair hears none, it is so ordered. Mr. Doorkeeper.

MR. DOORKEEPER: President, there's a messenger 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, HCR10, Branch, honoring Southern Methodist University on the 100th anniversary of its founding.

SENATOR OGDEN: Thank you. Chair recognizes Senator Lucio for an introduction.

SENATOR LUCIO: Thank you, Mr. President. Mr. President and members, it's spring break somewhere in Texas, and in the valley there's no difference. The difference is that some of the students and children are coming to Austin to meet their legislators, to meet the wonderful people that I have an opportunity to work with. And my son who joins with me here on the Senate floor, State Representative Eddie Lucio, III. I'd like to at this time introduce some of those children. They happen to be my grandchildren. First of all, the youngest. Her name is Anna, and Anna Lucio (inaudible), she's going to be a kindergarten. She's going to be in kindergarten in public schools starting in September. Next to her is Alex Alejandro Lucio, and Alejandro is in the third grade in the Brownsville public schools. And he's as smart as he looks. And another smart one and I'm very proud of is Carlos. Carlos is the eldest of my four grandchildren. Carlos came out second place in regional competition and is now headed back here to Austin in the state competition in science. He's a 5th grader in the Brownsville public schools. And, of course, their mother is with us here today, my daughter Linda who's a public school counselor. And, members, I would like for you to help me welcome them here to the Senate floor today. 6th grade, I'm sorry. Carlos is in the 6th grade, Mr. President. I made a mistake, a little technical mistake.

SENATOR OGDEN: They grow up fast.

SENATOR LUCIO: I was corrected. Thank you.

SENATOR OGDEN: Thank you, Carlos. Chair recognizes Senator Jackson to introduce the doctor of the day.

SENATOR JACKSON: Thank you, Mr. President, members. It's my pleasure to introduce you to the doctor of the day. He is Sayid Czar, and he has a third year resident Miguel Agera with him today. Dr. Czar attended medical school in India and graduated in 1978. He went on to complete his residency at UTMB through the family medicine residency program. Currently Dr. Czar is an associate professor of family medicine at UTMB, received the best teacher award at UTMB in the year 2004 and received grants from the Robert Wood Johnson Foundation, the Diabetes Stark Center for his work studying diabetes and is a member of four prestigic professional organizations. Members, please help me welcome Dr. Sayid Czar and Miguel Agera as the doctor of the day. Thank you.

SENATOR OGDEN: Thank you, Doctor. Chair recognizes Senator Hinojosa for an introduction.

SENATOR HINOJOSA: Thank you, Mr. President and members. I have a very special guest with me today. I took a break during spring break. This is my son, Jonathan. Most of you have known him since he was growing up, and now he's taller than I am. He's my special bodyguard, and he's a graduate from McAllen High School, graduate from McAllen High School and then accepted at University of Texas at Austin but he refused to be my roommate. Anyway, just want to introduce my son, Jonathan.

SENATOR OGDEN: Jonathan, welcome. Chair lays out the following resolution by Seliger. The secretary will read the resolution.

PATSY SPAW: Senate Resolution 480 recognizing Baylor University's Bob Bullock Scholars Program and commending this year's scholars for their participation in their state's governmental process. By Seliger et al.

SENATOR OGDEN: Chair recognizes Senator Seliger on the resolution.

SENATOR SELIGER: Thank you, Mr. President. Members, in an agreement with the Bullock family, the Texas legislature, Baylor University created the Bob Bullock Scholars Program in 2000 in order to elevate the study of politics among Baylor University students and serve as a model for those individuals who seek to serve others through a career in public service. Students are selected for the program through a very competitive process which results in only the top students being selected. Bullock scholars are expected to remain full-time students and complete regular class assignments in addition to their full time work as interns. The program is a great contribution to the Texas Senate. It provides for these very intelligent scholars with academic credit along with a monthly stipend to cover living expenses in Austin during the legislative session. More than 50 Bullock scholars have come to the legislature since 2001. Some have gone into careers in law, business, government, and several have continued to work in the Texas legislature. Dr. James Curry, the Bob Bullock professor of public policy and administration at Baylor, has served as the director of the Bob Bullock Scholars Program since its inception. And all of us owe our thanks to this university for providing these very, very capable and smart young people in our offices. I've hosted a Bob Bullock scholar since every legislative session since being sworn into the Texas Senate. And for this session I have the privilege of hosting Ms. Ashley Meyers. Ashley, raise your hand. She is a junior at Baylor, double majoring in international studies and environmental science with a minor in German. At the university she's a member of the Baylor Ambassadors, she's an intern at Washington for Congressman Mac Thornberry, in my office she focuses on natural resources. I think other members would like to introduce the Bullock scholars in their offices, and I would ask you to join me in recognizing the interns of the Bob Bullock Scholars Program in the Texas Senate, including the Bob Bullock scholars that serve in the House of Representatives. You can stand up up there. Please welcome these extraordinary young students to the Texas Senate.

SENATOR NELSON: Mr. President.

SENATOR OGDEN: Chair recognizes Senator Nelson on the resolution.

SENATOR NELSON: Well, thank you, Mr. President. Senator Seliger, thank you for bringing this resolution. I'd like to introduce one of the Bullock scholars who is working in my office, Sarah Caldwell. Sarah, raise your hand. She is just awesome. She is the daughter of Olivia Caldwell of Round Rock, who I think is here in the gallery today. Thank you, mom. Sarah will be graduating in 2013 with a major in political experience and a minor in corporate communications. At Baylor Sarah is a senator in student government, a member of Kappa Chi Alpha sorority, Young Republicans and Alpha Lambda Delta Honors Society. Sarah is doing an outstanding job in my office, and I very much appreciate her hard work. Thank you, Senator Seliger.

SENATOR OGDEN: Chair recognizes Senator West on the resolution.

SENATOR WEST: Thank you very much, Mr. President. I too would like to acknowledge the work of Courtney Louis who's working in the Senate intergovernmental relations committee this session. Courtney is from Mansville, ville Texas, outside of Fort Worth and is currently a junior at Baylor University. She's majoring in philosophy with a minor in criminal justice and is a member of the honors program. Courtney has already proven herself to be a valuable asset of the IGR committee this session assisting with numerous administrative duties as well as taking on various policy issues. Members, as you go about bringing those mud bills, those pit bills, that management district bills, you need to be talking to Courtney about it because she has an understanding of those particular bills as well as legislation to increase home ownership for low income individuals and to improve improvements to provisions related to the disaster related assistance. Courtney has a passion for both criminal justice education and after graduation plans to attend law school. Another lawyer, huh? She would like to eventually pursue a career as a criminal prosecutor and eventually work with education policy. Both topics that are near and dear to my heart. Courtney, raise your hand so we can recognize you. Raise your hand in the air just like you just don't care. Thank you, Courtney.

SENATOR OGDEN: Chair recognizes Senator Duncan on the resolution.

SENATOR DUNCAN: Thank you, Mr. President, members. This is a great program. It has helped us staff our committees over the years. I want to introduce to you Amanda Gonzales who works in the State Affairs Committee. Amanda, she's the shortest one up there in the middle. Amanda is a Baylor University student. She also, Senator West, has an interest in going to law school and I always try to talk to all of my folks that work in my office that consider law school. We're trying to get her to go to Texas Tech University, but she's looking at Baylor and actually went with us the other day to a heated water debate at the Baylor law school. So she's getting a lot of great experience but actually doing a very great job of reviewing your bills and taking care of the very important details that are important to make sure your bills pass and do be printed as they say. So Amanda, thank you. And I want to thank the Bullock scholarship program for this great program giving us such great talent as Amanda.

SENATOR OGDEN: Chair recognizes Senator Seliger to close.

SENATOR SELIGER: 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. Senator Nelson. Chair recognizes Senator Nelson for an introduction.

SENATOR NELSON: Got it. Thank you, Mr. President, members. I am pleased today to introduce a special group of visitors here in the gallery from the University of North Texas Health Science Center in Fort Worth. The Health Science Center began in 1970 and operates Texas' only college of osteopathic medicine. In addition to having graduated some of our top osteopaths, the facility offers degrees in biomedical sciences, public health, physical therapy, and physician assistance. I'd like to ask our visitors from UNT Health Science Center to please rise. And, members, help me welcome them to the Texas Senate. Welcome.

SENATOR OGDEN: The Chair recognizes Senator Carona for an introduction.

SENATOR CARONA: Thank you, Mr. President and members. I believe we have some special guests from SMU that are with us this morning. Members, Southern Methodist University is celebrating the 100th anniversary of its founding and ten decades of educational excellence. Here they come. Please join me in welcoming our guests visiting in the Senate chamber this morning. Up front we have Dr. Gerald Turner, President of the Southern Methodist University and Paul Ward, Vice President Legal Affairs and Governmental Relations, Southern Methodist. Members, let us extend best wishes for a successful centennial celebration to Southern Methodist University's administration, faculty, staff and alumni. This is one outstanding university. Please join with me in welcoming these individuals.

SENATOR OGDEN: Senator Seliger. Chair recognizes Senator Seliger for an introduction.

SENATOR SELIGER: Thank you, Mr. President and members. I too have a very special guest on the floor today. When so many people in Texas public schools and colleges this week are on a well deserved spring break in the mountains of Colorado and the beaches of Texas and Florida and Alabama, Jessica Rubio, a high school student from Big Spring, Texas, is working in the Texas Senate as an intern in my office. Not too long ago, couple of years ago, when I first met Jessica, she said her lifelong goal was to have my job. And she's preparing for just that in sometime around 2025 and 2030 when she stands on this floor. I hope Senator Whitmire will give him (sic) the sort of help and guidance that he gave me when I first came on to this floor because she will be exceptional. She'll graduate this May and begin her fall semester at the University of Texas at Austin with a major in political science and liberal arts honors program. Last month, Jessica won the District Student of the Year 2011 award. She's qualified for the Texas Forensic Association State Tournament four times and for the National Forensic League national tournament three times, twice in foreign exempt rain use speaking and once in public forum debate. Besides excelling in academics, Jessica has been staying well rounded by volunteering for the Howard County Relay for Life under the American Cancer Society since 2001. Please join me in recognizing Jessica Rubio and welcoming her to the Texas senate.

SENATOR OGDEN: Chair recognizes Senator Deuell for an announcement concerning the nominations report.

SENATOR DEUELL: Thank you, Mr. President members. Wednesday, I will move to confirm the nominees listed on the committee action report placed on your desks. These nominees were taken up at our Monday March 14th meeting.

SENATOR OGDEN: Thank you, Senator. The Chair announces the signing of the following in the presence of the senate.

PATSY SPAW: Senate Concurrent Resolution No. 24.

SENATOR OGDEN: Members, if there are no objections, I would like to postpone the reading and referral of bills until the end of the session. Is there objection? Chair hears none, the referrals are postponed. Following motion in writing. The secretary will read the motion.

PATSY SPAW: Motion in writing. Mr. President, I ask unanimous consent for Senate Bill 824 relating to the coordination of rural and small community initiatives to be withdrawn from the Committee on Agriculture and Rural Affairs and rereferred to the Committee on International Relations and Trade. Senator Lucio author, Senator Estes chair committee from which bill is being withdrawn, Senator Lucio chair committee to which bill is being rereferred.

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

PATSY SPAW: Motion in writing. Mr. President, I ask unanimous consent for Senate Bill 628 relating to Childress County Hospital District to be withdrawn from the Committee on Health and Human Services and rereferred to the Committee on Intergovernmental Relations, Senator --

SENATOR OGDEN: Is there objection to the motion? Chair hears none, the motion is adopted. Members, that concludes the morning call. Chair recognizes Senator Hegar for an introduction.

SENATOR HEGAR: Thank you, Mr. President and members. Today we recognize the 75th anniversary of the Fort Bend County Fair. Since the fair began in 1933, its mission statement has been benefiting youth, promoting agriculture and supporting education. That truly has done that. Fort Bend County Fair contributes hundreds of thousands of dollars annually to the Fort Bend County Youth through scholarships, premiums and auction proceeds. Throughout the years, the county fair has grown into one of the largest and most successful fairs in the state. Residents of Fort Bend County and neighboring communities eagerly anticipate visiting this wonderful event which is made possible by the hard work of volunteers, committee members, board of directors. Today we have with us two of those hardworking individuals, William Carter, president of the 75th Fair Association and Susan Sullivan who is the fair manager. Members, please join me in recognizing these individuals and the Fort Bend County fair for its 75th anniversary.

SENATOR OGDEN: The Chair recognizes Senator Uresti for a motion to suspend the regular order of business on committee substitute to Senate Bill 115.

SENATOR URESTI: Thank you, Mr. President, members. Good morning. Committee substitute to Senate Bill 115 relates to limiting the liability of space flight entities. As you recall in the 81st session, this bill was voted out of the Senate 31 to 0, and it skyrocketed out of the State Affairs Committee on March the 7th, 2011 unanimously. And as Senator Williams pointed out, this bill will take you to infinity and beyond. This is much more than just a liability measure that only the Lord could embrace, and it's more than just an economic development bill. It touches on our dreams and fantasies. Our place here on earth and beyond. Who among us hasn't gazed at the heavens and marveled at the stars? This legislation will promote the development of space tourism in Texas by clarifying the law. Participants on a space vehicle launch from Texas must assume the risk of injury if they are made aware of the risk and sign a written waiver of liability. Mr. President and members, with that, I move to suspend the regular order of business to take up and consider committee substitute to Senate Bill 115 on second reading.

SENATOR OGDEN: Senator West for what purpose?

SENATOR WEST: I have a question.

SENATOR OGDEN: You're recognized for a question.

SENATOR WEST: Senator Uresti, is this part of the Starship Enterprise legislation?

SENATOR URESTI: Well, it's part of my Starship legislation, Senator West.

SENATOR WEST: What would Captain Spock say about this?

SENATOR URESTI: You know, I was never a Star Trek fan, Senator West.

SENATOR WEST: Dr. Spock, what would Dr. Spock say?

SENATOR URESTI: Believe it or not, I've never seen a Star Trek episode, and this is my endeavor into space actually.

SENATOR WEST: Your first endeavor into space. What about Captain Kirk, what would he say about this? Would he be for this bill?

SENATOR URESTI: Absolutely.

SENATOR WEST: There's no doubt in your mind?

SENATOR URESTI: There's no doubt in my mind that he would love for us to just skyrocket this bill out of the Senate chamber.

SENATOR WEST: Skyrocket this bill out of the chamber, okay. Is there a beam up provision in this bill?

SENATOR URESTI: I'm sorry.

SENATOR WEST: A beam up, a beam down provision in this bill?

SENATOR URESTI: If you would like to be beamed up, Senator West, I think we can arrange that.

SENATOR WEST: You can arrange that. Okay, thank you very much.

SENATOR OGDEN: Senator Uresti moves to suspend the Senate's regular order of business to take up and consider Senate Bill 115. Is there objection? Hearing none, the rule is suspended. Chair lays out on second reading committee substitute to Senate Bill 115. The secretary will read the caption.

PATSY SPAW: Committee substitute Senate Bill 115 relating to limiting the liability of space flight entities.

SENATOR OGDEN: Chair recognizes Senator Uresti.

SENATOR URESTI: Thank you, Mr. President, members. I move passage to engrossment of committee substitute Senate Bill 115.

SENATOR OGDEN: Senator Uresti moves passage to engrossment of substitute to Senate Bill 115. Is there objection? Chair hears none, committee substitute to Senate Bill 115 is passed to engrossment. Chair recognizes Senator Uresti for a motion to suspend the constitutional rule that bills be read on three separate days.

SENATOR URESTI: Mr. President, I move to suspend the constitutional rule requiring that bills be read on three separate days so that the Senate can take up and consider committee substitute to Senate Bill 115 on third reading.

SENATOR OGDEN: 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.

SENATOR OGDEN: There being 30 ayes and one nay, the rule is suspended. The Chair lays out on third reading and final passage committee substitute to Senate Bill 115. The secretary will read the caption.

PATSY SPAW: Committee substitute to Senate Bill 115 relating to limiting the liability of space flight entities.

SENATOR OGDEN: Chair recognizes Senator Uresti.

SENATOR URESTI: Thank you, Mr. President, members, I move final take off of committee substitute to Senate Bill 115.

SENATOR OGDEN: Senator Uresti moves final passage of committee substitute to Senate Bill 115. Secretary will call the roll.

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife --

SENATOR OGDEN: There being 31 ayes and no nays, committee substitute to Senate Bill 115 is finally passed.

SENATOR URESTI: Thank you, Mr. President.

SENATOR OGDEN: Chair recognizes Senator Eltife for a motion to suspend the regular order of business on committee substitute to Senate Bill 141.

SENATOR ELTIFE: Thank you, Mr. President, members. Members, I move to suspend the Senate's regular order of business to take up and consider committee substitute to Senate Bill 141. Last session the Senate unanimously passed similar legislation and Senate Bill 141 provides for regulation by the Office of Consumer Credit Commissioner of debt settlement and service providers. This legislation also conforms to recent federal action pertaining to the offer of debt settlement service under the telemarketing sales rule. Committee substitute to Senate Bill 141 is a streamline approach that brings debt settlement activities under chapter 394 of the Finance Code. It is not intended to remove any of the finance commissions rule making authority under chapter 394. The commission will still have general rule making authority to carry out all of the substantial provisions that apply to debt management service providers. Members, Mr. President, I move to suspend the Senate's regular order of business.

SENATOR OGDEN: Senator Eltife moves to suspend the Senate's regular order of business -- of the Senate's regular order of business to take up and consider committee substitute of Senate Bill 141. Is there objection? Hearing none, the rule is suspended. Chair lays out on second reading committee substitute to Senate Bill 141. The secretary will read the caption.

PATSY SPAW: Committee substitute to Senate Bill 141 relating to debt management services and the regulation of debt management services providers.

SENATOR OGDEN: Chair recognizes Senator Eltife for a motion.

SENATOR ELTIFE: Thank you, Mr. President. I move passage and engrossment of committee substitute to Senate Bill 141.

SENATOR OGDEN: Senator Eltife moves passage and engrossment of committee substitute of Senate Bill 141. Is there objection? Chair hears none, the bill's passed to engrossment. Chair recognizes Senator Eltife for a motion to suspend the constitutional rule that bills be read on three separate days.

SENATOR ELTIFE: Thank you, Mr. President, so moved.

SENATOR OGDEN: Senator Eltife moves to suspend the three day rule. Secretary will call the roll.

PATSY SPAW: Birdwell, Carona, Deuell, Davis, Duncan, Ellis --

SENATOR OGDEN: There being 30 ayes and one nay, the rule is suspended. The chair lays out on third reading and final passage committee substitute to Senate Bill 141. The secretary will read the caption.

PATSY SPAW: Committee substitute to Senate Bill 141 relating to debt management services and the regulation of debt management services providers.

SENATOR OGDEN: Chair recognizes Senator Eltife for a motion.

SENATOR ELTIFE: Thank you, Mr. President. I move final passage of committee substitute to Senate Bill 141.

SENATOR OGDEN: Senator Eltife moves final passage of committee substitute to Senate Bill 141. The secretary will call the roll.

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife --

SENATOR OGDEN: There being 31 ayes and no nays, committee substitute to Senate Bill 141 is finally passed.

SENATOR ELTIFE: Thank you, Mr. President and members.

SENATOR OGDEN: The Chair recognizes Senator Hegar for a motion to suspend the regular order of business on committee substitute to Senate Bill 321.

SENATOR HEGAR: Thank you, Mr. President and members. Senate Bill 321 is a piece of legislation that we have passed out of the Senate in different forms in the last two legislative sessions. Senate Bill 321 would bar employers from adopting policies that would prohibit their employees from storing illegal firearm or ammunition in their locked vehicle, their own personal vehicle, in the employer's parking lot. Employers retain the ability to specifically prohibit firearms in the workplace, prohibit firearms in company owned or leased vehicles. This bill would solely affect employers' parking lots and would make absolutely no changes to those places where firearms are prohibited under current state law or federal law such as polling location, courthouses, race tracks, etc. Schools are exempted under the bill. Therefore, no one is allowed to leave the weapon in their own personal vehicle at a school district, a charter school or private school, as well as on property owned or controlled by a person other than the employer subject to a valid mineral interest. And if you have questions, I'd be happy to answer them. Otherwise I would move to suspend the Senate's regular order of business to take up and consider committee substitute to Senate Bill 321.

SENATOR OGDEN: Senator Hegar moves to suspend the Senate's regular order of business to take up and consider committee substitute to Senate Bill 321. Is there objection? Chair hears none, the rule is suspended. Chair lays out on second reading committee substitute to Senate Bill 321. The secretary will read the caption.

PATSY SPAW: Committee substitute to Senate Bill 321 relating to an employer's transportation and storage of certain firearms.

SENATOR OGDEN: Following amendment. The secretary will read the amendment.

PATSY SPAW: Floor Amendment No. 1 by Van de Putte.

SENATOR OGDEN: Chair recognizes Senator Van de Putte to explain the amendment.

SENATOR VAN DE PUTTE: Thank you, Mr. President and members. The amendment that is being passed out right now is allowing an employer that has over 10,000 employees in one location to have a confidential process to provide notice so that the employee can provide the notice to the employer. So, this does not change the prohibition allowing them to have the firearm in the vehicle but this is -- and I will readily state this is of great concern to one employer in the district that I represent that has well over 10,000 employees in one location. Members, this is USAA that does most of the work for our military with regard to financial transactions and insurance, and the reason is, if you've ever been to San Antonio and in particularly to the campus, that campus is extremely secure. And it needs to be. In fact, it is often a joke within the Department of Defense that it is much easier to get into the Pentagon than it is to get into the USAA campus. And so this amendment would just allow the employer to ask their employees in a confidential manner, that they could provide notice to the employer so that they know that the firearm, ammunition are in the employee's locked privately owned motor vehicle in the employer's parking lot. So it doesn't remove the prohibition, it just asks that the employer can set up a confidential process that would let the employer know. And so that is the essence of this amendment and I will readily admit that it is for one of the best employers in this state. We believe it's the only one that has over 10,000 people in one location, and that's the purpose of this amendment.

SENATOR OGDEN: Senator Van de Putte. Chair recognizes Senator Hegar.

SENATOR HEGAR: Thank you. Senator Van de Putte, would you yield to ask (sic) a few questions? So you realize this is confidential, which I appreciate, it's a little bit changing upon the amendment that I have seen. And USAA, I think as you're aware, has had very different variations and amendments over the last several cycles. So I think in four years ago, two years ago, those amendments have been different at separate parking lots. They said, Well, if you just don't allow people in the facility, but allow them to park across the street and we worked through that. And then two years ago they said, No, we'd rather not do that because that's impractical and we changed our mind. Now, we want a different amendment, and so we worked through them. I actually visited the facility. I thought it was very important to go out and tour the facility. It was very impressive, high security which ironically, as I was standing in the controller room per se, as people come into the gate, the cameras, they'll look at the cars and you'll see the individuals' actual faces as they're driving in, couple of different cameras pick and read them. And I just asked them the question, I said, Well, do the cameras readily identify if there's legal firearms in those people's vehicles? There was silence because they don't have that ability. So my point is they have an over restrictive policy which they readily admit, I think, by just absence of words, absence of stating. Unlike so many companies, they specifically prohibit an employee; yet, there's no enforcement of it. And, to me, the irony in this is unbelievable that I asked the question, I said, Well -- before I asked those, I said, What is biggest threat to our military men and women who are serving our country so proudly? Sensitive data. I said, Well, in the 21st century isn't that sensitive data via the internet, not necessarily jumping someone over the wall? My point being, it's a very highly secured place but the security needs have changed. And the people that they are prohibiting, it's ironic that they're insuring the very men and women that have our freedom, and I think that it's improper that they would even ask for this special carve out, which they've changed several different times. And four years ago this legislature passed a law that allowed CHL information to remain confidential. And the reason for that is because that confidentiality was so important, because you had so many employees that were literally firing people if they didn't tell them that they had a CHL, which is so unbelievable. And so my concern in part is that how would this amendment even, though it's confidential, would really run counter to what we did several sessions ago by making that information confidential? And I do not think that this is the right amendment for this bill. I think that security for our men and women is very important that defend our country, but I don't think this, by trying to prohibit someone for simply leaving it in their parked vehicle is really going to make that facility any more secure. And that's why I've been so adamant that I do not want people walking into specific places of employment. Specifically in a car, locked out of sight, out of mind. And that's why for some of those different reasons, with all due respect I would have to oppose the amendment and ask for a table of this amendment.

SENATOR VAN DE PUTTE: Thank you. Senator, let me tell you that several years ago -- I mean, I was sponsoring some of those amendments and you're right. At first it was just a carve out for certain employees, and then it was a separate parking lot and we've seen this. And I think that in working with USAA what we have done is, have they readily admitted that the legislation that you have, barring any unforeseen circumstances in the House, is going to pass. And so they understand that the legislature has made -- at least the Senate has made a strong statement to our employers that they should not prohibit their employees from storing their firearms in their vehicles and in their parking lots. That's the policy. And so what you see here is the amendment, and it may look a little unusual because it says here "prohibit" but you have to understand the language says that the employer does not -- I mean, that it does not prohibit. That's -- the "does not" is in the body of the language. And so what they're asking for is a confidential process just so that they know. And it was very important. As you know, most of the folks at USAA, the officers there, the top management, most of them hold the rank of general. And I think they understand readily the importance, the ability of citizens to have weapons and to go about the process of having a CHL and to store them. But because of this campus and the work they do -- and you're right, it's an extremely secure campus, they would like the ability to have it confidential. And I'm going to tell you, knowing their cyber networks and their ability to protect data, I know that this will be confidential. And when they say confidential, it is confidential. But they really would like the ability to know and not prohibit but just to know. It would be very, very helpful to them. And like I said, the request came from them and in the ask, it was the generals themselves who are the officers of USAA that had asked us. Thank you very much. I appreciate all the work that you've done on this and you're right this is a kinder, gentler version of the amendment.

SENATOR HEGAR: My question is --

SENATOR OGDEN: Senator Hegar, we have a motion to table which is not debatable. There are other members that would like to speak on this.

SENATOR HEGAR: I'll withdraw my motion.

SENATOR OGDEN: Okay. And Chair recognizes Senator Wentworth.

SENATOR WENTWORTH: Will Senator Van de Putte yield for a question?

SENATOR VAN DE PUTTE: I yield, Mr. President.

SENATOR WENTWORTH: Senator, I was curious about what is a difference between a private employer who employs 10,000 or more employees and a private employer who employees less than 10,000 employees?

SENATOR VAN DE PUTTE: This -- the concerns from USAA -- and I will readily say that this is the concern from USAA, which is the only employer that I have in my district that has over 10,000 people at one location. And, in fact, as you know, at one point there were 17,000 people employee inside that location in the district that I represent. That because of the nature of the work that they do and the campus, that they really did not like Senator Hegar's bill the first time around and wanted to be exempted from it. The next time it was, Well, let's see if we can get a separate parking lot for that, that didn't work. So this is understanding that the bill is going to pass. But to have some sort of a confidential process that the employee can identify that they have a weapon. Now, I'm going to tell you most of -- a lot of them, the employees there are, as you know, retired military or active duty guards and reservists, And that's what it is. But the difference is that the very nature of that campus -- and that's why we wrote it, because it's not my intent in offering this to change Senator Hegar's bill to all employers. I am doing this as a request of the major employer. And to my knowledge, I do not think that there is another employer that has that many employees at one campus.

SENATOR WENTWORTH: Let me just say, I'm a member of USAA as is Senator Uresti, as is Senator Birdwell. Senator Hinojosa, are you a member? He's not. As is Senator Ogden, maybe others. My guess is if USAA had bothered to poll their members, they would not favor the amendment that they're asking you to offer. I don't see the distinction. Why should I, in order to exercise my constitutional right, have to notify my employer in advance before I park my car in their parking lot? And what is the remedy by the employer if I do, in violation of their rule, drive to their parking lot, with a weapon locked in my glove box and I forgot to tell them and they discover it? Is that grounds for termination? My guess is it is, and I just respectfully disagree with your amendment.

SENATOR VAN DE PUTTE: Thank you, Senator.

SENATOR WENTWORTH: You bet.

SENATOR OGDEN: Senator Hinojosa, for what purpose do you rise?

SENATOR HINOJOSA: Just to ask Senator Van de Putte a question.

SENATOR OGDEN: You're recognized to ask a question.

SENATOR HINOJOSA: And I guess I find the wording on the amendment a little bit confusing, prohibit a private employer, are you trying to exempt a private employer who employs at least 10,000?

SENATOR VAN DE PUTTE: Yes. And Senator, if you look at the body of the language of the bill, the words above or on the line four of the amendment, it says "does not." So this is a double negative. So although on face it looks like I'm prohibiting them. Actually it would allow the employer of -- that has 10,000. So it's a double negative. So if you look at the language of the body of the bill, it is -- does not. So it's a double negative.

SENATOR HINOJOSA: So I guess the only option would be to exempt them of the bill.

SENATOR VAN DE PUTTE: Not exempt from the bill but allows them to do a confidential process.

SENATOR HINOJOSA: Okay.

SENATOR VAN DE PUTTE: So they would still -- they would go under the bill as proposed, their employees absolutely would have the right to store their firearms in their vehicles in the company parking lots but this would allow them to have some sort of confidential process to notify the employer. And in this case, the employer is USAA. And to my knowledge it's the only place where there's over 10,000 employees at one location.

SENATOR HINOJOSA: Thank you for the explanation.

SENATOR VAN DE PUTTE: Thank you, Senator.

SENATOR OGDEN: All right. Senator Hegar is recognized for a motion.

SENATOR HEGAR: Thank you, Mr. President. I move that we table the Floor Amendment No. 1.

SENATOR OGDEN: Senator Van de Putte is recognized to close.

SENATOR VAN DE PUTTE: Thank you, Mr. President, I close on the amendment and urge to vote no on the table. My dear friend Senator Hegar.

SENATOR OGDEN: Senator Hegar moves to table Floor Amendment No. 1. Secretary 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: There being 22 ayes and 7 nays, the motion to table prevails. Senator Gallegos, for what purpose do you rise?

SENATOR GALLEGOS: Will the gentlemen yield for a question?

SENATOR HEGAR: Gladly, yes, sir.

SENATOR GALLEGOS: Senator Hegar, I like -- don't get me wrong, I like your bill but can you define "ammunition" for me under your bill.

SENATOR HEGAR: Yes, sir. I had kind of wondered if you might ask me that. I think we had a pretty lively debate on ammunition here two years ago, if I remember and I think you even -- I was -- left it in here. You had a little question about dynamite. And I think you brought me this stick the following week. Ammunition is clearly defined in statute and that definition is really the cartridges that go into legal firearms. So in other words, ammunition -- it's the ammunition that goes into a legal firearm and a legal firearm specifically cannot be dynamite or canons or bazookas or anything to that effect, Senator.

SENATOR GALLEGOS: What about a whole case of cartridge of bullets. Is that ammunition?

SENATOR HEGAR: Yes, sir. Yes, sir, that is. So if someone, in other words, has a concealed gun or they have -- they are, let's say, going hunting and they're leaving after work that afternoon or people in my district that maybe they went bird hunting in the morning say, for example, and went to work afterwards, if they have ammunition, whether it's a box, two boxes, they can leave that as long as it's out of sight, out of mind in their own personal vehicle.

SENATOR GALLEGOS: Shotgun shells too?

SENATOR HEGAR: Yes, sir, that's correct.

SENATOR GALLEGOS: Let me -- I wasn't going to bring it up, but let's say I'm going to go on a big bird hunt and we're either going to be -- we're talking about numerous, numerous bullets or shotgun shells. The only reason I bring it up is you, normally that automobile wouldn't be disturbed in most cases, but what would happen -- my concern here is, say, I've got a case load, couple of cases, three cases. I mean, my whole back trunk is full of shotgun shells and all of a sudden there's an earthquake and it disturbs that automobile where all this ammunition is in and, you know, you never know what's going to happen, a pipeline under there bursts and it hits that car that's got all that ammunition in it.

SENATOR HEGAR: That's a very potential hypothetical, I think probably a very diminished. No. 1 I'd say that person must be a really bad shot if they need that many cases of ammunition.

SENATOR GALLEGOS: Well, we never would have thought an earthquake would affect a nuclear plant.

SENATOR HEGAR: I understand, and that's the reason -- well, Texas is a little bit different, the poor people of Japan, my heart goes out to them. Current law, if a person drives on to the workplace today, the only thing we're dealing with is the termination policy, a termination. And so, therefore, there can be the probability under current law that someone drives to the workplace under your scenario and that can happen. The only issue here in this bill, Senate Bill 321 is really should an employee be terminated for that because currently -- and this is the issue with so many employers being -- ironically this is my third time on the Senate floor on this issue. And so many employers, I don't ask them publicly but behind, if I ask them to the side, they readily admit that there are probably legal firearms on site. And so my point is that scenario could happen under current law today.

SENATOR GALLEGOS: I just wanted to bring up that point.

SENATOR HEGAR: Thank you, Senator.

SENATOR OGDEN: Senator Hegar moves passage of engrossment of committee substitute to Senate Bill 321. Is there objection? Secretary will call the roll.

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nichols, Ogden, Patrick, Rodriguez.

SENATOR OGDEN: There being 31 ayes and no nays, committee substitute to Senate Bill 321 is passed to engrossment. Chair recognizes Senator Hegar for a motion to suspend the constitutional rule that bills be read on three separate days.

SENATOR HEGAR: Thank you, Mr. President, so moved. I move to suspend the constitutional rule that bills be heard on three separate days.

SENATOR OGDEN: Senator Hegar moves to suspend the three day roll. The secretary will call the roll.

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Fraser, Gallegos --

SENATOR OGDEN: There being 30 ayes and 31 nays, the rule is suspended. The Chair lays out on third reading and final passage committee substitute to Senate Bill 321. The secretary will read the caption.

PATSY SPAW: Committee substitute to Senate Bill 321 relating to an employee's transportation and storage of certain firearms or ammunition while on certain property.

SENATOR OGDEN: Chair recognizes Senator Hegar for a motion.

SENATOR HEGAR: So move, final passage.

SENATOR OGDEN: Senator Hegar moves final passage of committee substitute to Senate Bill 321. Secretary will call the roll.

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife --

SENATOR OGDEN: There being 30 ayes and one nay, committee substitute to Senate Bill 321 is finally passed. Chair recognizes Senator Carona for a motion to suspend the regular order of business on Senate Bill 257.

SENATOR CARONA: Thank you, Mr. President, members. Currently there are 26 states that offer a license plate that reads "Choose Life" which is meant to promote adoption across the country. In those states the use of these license plates has raised more than $14 million for the mission of supporting pregnant women who are considering adoption. This bill would provide a section to the Transportation Code to provide an opportunity to purchase a "Choose Life" license plate. The bill establishes a "Choose Life" account in the general state's revenue fund, and it provides that revenues generated from the sale of license plates would go to the Texas Department of Transportation to recoup their administrative cost with the remainder of the funds deposited into the new "Choose Life" accounts. Mr. President, I move to suspend the Senate's regular order of business.

SENATOR OGDEN: Senator Hegar. Senator Carona moves to suspend the Senate's regular order of business to take up and consider Senate Bill 257. Is there objection? Hearing none, the rule is suspended. Chair lays out on second reading Senate Bill 257. The secretary will read the caption.

PATSY SPAW: Senate Bill 257 relating to the issuance of "Choose Life" license plates and the creation of a "Choose Life" account.

SENATOR OGDEN: Chair recognizes Senator Carona.

SENATOR CARONA: Mr. President, I move passage to engrossment.

SENATOR OGDEN: Okay. We'll let you do that. Senator Carona moves passage to engrossment of Senate Bill 257. 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: There being 21 ayes and 10 nays, Senate Bill 257 is passed to engrossment.

SENATOR CARONA: Mr. President, I don't think I want to test my luck today and try for a constitutional suspension. I'll just wait to visit with you tomorrow. Thank you.

SENATOR OGDEN: Is there objection? Chair recognizes Senator Estes for a motion -- well, let me finish for a motion to suspend the regular order of business to take up and consider Senate Bill 408.

SENATOR ESTES: Thank you, Mr. President, members. I move to suspend the constitutional order of business -- the Senate's regular order of business to take up and consider at this time Senate Bill 408. Members, this bill would amend the John graves Act. Some of you may remember that, it's a local bill of mine with regard to when airboat runs are required to monitor the John Gray Scenic Riverway. The John Graves Act currently requires Brazos River Authority, TSEC and Texas Parks and Wildlife to conduct aerial and visual inspections and conduct airboat monitoring runs on the winter and summer months. This has caused problems for the agency including broken rutter and frame bars as well as an accident that resulted in the hospitalization of an employee. So this bill provides a simple change to the logistics problem that was brought to my office by the Brazos River Authority over the interim. And I --

SENATOR OGDEN: Senator Estes moves to suspend the Senate's regular order of business to take up and consider Senate Bill 408. Is there objection? Hearing none, the rule is suspended. The Chair lays out on second reading Senate Bill 408. The secretary will read the caption.

PATSY SPAW: Senate Bill 408 relating to inspection of the John Graves Scenic Riverway.

SENATOR OGDEN: Following amendment. The secretary will read the amendment.

PATSY SPAW: Floor Amendment No. 1 by Estes.

SENATOR OGDEN: Chair recognizes Senator Estes on the amendment.

SENATOR ESTES: Thank you, Mr. President, members. Members, this amendment came to me after the bill came out of committee, and I polled most of the members of my committee and they were fine with it but it's -- the John Graves Scenic Riverway. That area is recognized for its environmental sensitivity and its ecological benefits, it truly is a unique stretch of river. Recently, however, recreational airboats have created a safety and noise problem along the waterway and they can damage habitat and degrade the water quality and they're a noise nuisance. So this amendment simply prohibits the use of commercial airboats on the John Graves Scenic Waterway.

SENATOR OGDEN: All right. Senator Estes moves adoption of Floor Amendment No. 1. Is there objection? Chair hears none, the amendment is adopted. Chair recognizes Senator Estes on a motion.

SENATOR ESTES: Mr. President, I move passage to engrossment.

SENATOR OGDEN: Senator Estes moves passage to engrossment of Senate Bill 408. Is there objection? Chair hears none, Senate Bill 408 is passed to engrossment. Chair recognizes Senator Estes for a motion to suspend the constitutional rule that bills be read on three separate days.

SENATOR ESTES: And so moved, Mr. President.

SENATOR OGDEN: Senator Estes moves to suspend the three day rule. The secretary will call the roll.

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser --

SENATOR OGDEN: There being 31 ayes and no nays, the rule is suspended. Chair lays out on third reading and final passage Senate Bill 408. The secretary will read the caption.

PATSY SPAW: Senate Bill 408 relating to the inspection of the John Graves Scenic Waterway.

SENATOR OGDEN: Chair recognizes Senator Estes for a motion.

SENATOR ESTES: Thank you, Mr. President. I move final passage of Senate Bill 408.

SENATOR OGDEN: Senator Estes moves final passage of Senate Bill 408. The secretary will call the roll.

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser --

SENATOR OGDEN: There being 31 ayes and no nays. Senate Bill 408 is finally passed. Congratulations.

SENATOR ESTES: Thank you, Mr. President and members.

SENATOR OGDEN: President's desk is clear. Are there any announcements? Senator Nelson, you're recognized.

SENATOR NELSON: Yes, sir, Mr. President. The Medicaid Committee -- I mean, the Senate Subcommittee on Medicaid is going to go back in and work hard for the rest of the afternoon and well into the evening in the finance committee room, and we'll begin at 1:00 o'clock.

SENATOR OGDEN: All right. Chair recognizes Senator Fraser.

SENATOR FRASER: Members, the Senate Committee on Natural Resources will come back in 30 minutes after adjournment.

SENATOR OGDEN: Are there any other announcements? Members, would you take your seat for the adjournment motion? Chair recognizes the Dean of the Senate for a highly privileged motion.

DEAN OF THE SENATE: Thank you, Mr. President. Members, before I move to adjourn, I'd like to recognize senator Birdwell for comments.

SENATOR OGDEN: Chair recognizes Senator Birdwell.

SENATOR BIRDWELL: Thank you, Mr. Chairman, Mr. President. Thank you, Dean. Members, today I request the Senate adjourn in honor of Mr. William P. Nelson. Mr. Nelson is 93 and passed away Saturday and is being interred today in Waco. Mr. Nelson was born in Gunter, Texas. He was orphaned very early in life after his mother was stricken with tuberculosis. Yet, despite these difficulties, he continued to attend school and graduated from Selena High School in Selena, Texas. He was a stand out athlete in high school. Mr. Nelson was recruited to attend North Texas State Teacher's College in Denton on a football scholarship where he studied to be a coach. After the United States was attacked by the Japanese at Pearl Harbor, Mr. Nelson, as many Americans did, felt the calling to serve his nation and volunteered for the United States Army Air Corp. He was based in North Africa and Italy in those very difficult campaigns. In 1944 he had completed those missions with his crewmates s as a top gunner on a B24 Liberator. Together they attacked some of Europe's most well protected and important targets while in the air over northern Italy, Hungary, France, Yugoslavia, Romania and Germany. For his service Mr. Nelson was awarded several campaign medals, service medals after being honorably discharged from the United States Army Air Corp. After returning to civilian life, Mr. Nelson worked with the Veterans of Administration regional office in Dallas and then in Waco for more than years where he passionately dedicated himself to ensuring that veterans received the benefits that they had earned for their service. After retirement from the VA, Mr. Nelson avidly shared the lives of his grandchildren. Mr. Nelson was the consummate member of the greatest generation, very unassuming and with great humility, he rendered service required that of a citizen. I yield back to the Dean of the Senate.

DEAN OF THE SENATE: Thank you. Mr. President, at this time I'd like to yield to our colleague, Senator Van de Putte.

SENATOR VAN DE PUTTE: Thank you, Dean.

SENATOR OGDEN: Chair recognizes Senator Van de Putte.

SENATOR VAN DE PUTTE: Thank you, Mr. President. It is with great sadness that I ask my colleagues to also adjourn in memory today of San Antonio Police Officer Stephanie Brown. Officer Brown was killed this morning as she was responding to a call in San Antonio. Officer Brown is 27 years old and has been on the force for three years. She was killed when her car was hit by a motorist that was driving the wrong way on Interstate 35. So I ask that you remember another one of our public servants as we adjourn in memory of San Antonio Police Officer Stephanie Brown.

DEAN OF THE SENATE: At this time, Senator Lucio, did you wish for me to yield to you?

SENATOR OGDEN: Chair recognizes Senator Lucio.

SENATOR LUCIO: Thank you, Mr. President and members. I think it is right that we take a moment to remember those who have died in Japan over the last week in the wake of a massive earthquake and a devastating tsunami. I know that you are all keeping the people of Japan in your prayers, as I am, and we will continue to pray for them and wait anxiously with them as engineers attempt to avert any subsequent disasters, especially those of radioactive nature. Members, whole communities have been wiped from the map, wiped out. Hundreds of thousands have been made homeless, and many lives have been lost. With that, my grandchildren and I would like to make a motion that we adjourn today in their memory.

SENATOR OGDEN: Senator Whitmire.

SENATOR FRASER: Senator Whitmire, could you yield also? And I would be asked to join Senator Birdwell, Mr. Nelson that he has described, is also the grandfather of one of my staffers Whitney Smith Nelson worked for me. This is her grandfather, and she's at the funeral today. So I would join.

DEAN OF THE SENATE: Oh, same individual?

SENATOR FRASER: Yes.

SENATOR OGDEN: Senator Whitmire.

DEAN OF THE SENATE: Mr. President, members, I would move that the Senate adjourn until 11:00 a.m. tomorrow in memory of William E. Nelson, Junior and Stephanie Brown and also that we keep the citizens of Japan in our prayers and thoughts.

SENATOR OGDEN: Senator Whitmire moves that the Senate adjourn until 11:00 a.m. Wednesday March 16th in memory of William Nelson, Officer Stephanie Brown, and the victims of the earthquake in the Japan and the citizens of Japan. Is there objection? The Chair hears none, the Senate stands adjourned until 11:00 a.m. Wednesday, March the 16th, thank you. (Adjourned.)