Senate Transcript, March 2, 2011

LT. GOVERNOR DEWHURST: The Senate will come to order and the secretary will call the roll, please.

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.

LT. GOVERNOR DEWHURST: Thank you, Madam Secretary. Members, a quorum is present. We have a very special start to our session today that I think everyone on the floor and in the gallery will appreciate and enjoy a very special start but before -- Senator Estes, for what purpose do you rise?

SENATOR ESTES: To introduce our pastor of the day.

LT. GOVERNOR DEWHURST: You're recognized.

SENATOR ESTES: Thank you. Members, it's my honor to introduce our pastor of the day Don Garner. Don received his master in divinity degree from Cruzwell College in 2001 and then he accepted a call to become a pastor -- become the pastor of Central Baptist Church in Colorado where he served for more than five years. In 2008 Don began his ministry with Capital Commission. He is working to initiate a movement for Christ among the Capitol community here in Texas. Don leads weekly Bible studies for legislatures and staff in the State Capitol and serves state leaders through prayer, counsel and encouragement in spiritual matters. In my opinion, Don is a trusted spiritual resource to the state of Texas and a dear friend of mine. So please welcome him to the Senate chamber.

LT. GOVERNOR DEWHURST: Thank you, Senator Estes, I'm going to ask all the members on the floor, everyone on the floor to please rise and in the gallery ladies and gentlemen if you would. Please rise for the invocation this morning to be delivered by Pastor Don Garner here in Austin, Texas.

PASTOR: Let's pray. Heavenly Father, I thank You for this opportunity to come before you, to, Father, entreat You on behalf of those leaders who are in this place today. Father, I thank you for exalting them to position of leadership. That you might use them, Lord God, to establish an orderly society, that You might use them, Father, to make this state prosperous and productive. Father, that you might use them to reward good and to punish evil. Father, I pray that You would give them a spirit of cooperation as they work together to do that which is best for the people of the state of Texas. And Father, I especially pray that You would inspire in them, Lord God, a passion for statesmanship and that has never been seen in this state that there would be just a dignity with which they would address one another, that they would honor one another as they work together to bring about that which is best. And, Father, exalt righteousness in this place. Lord, I take a moment to pray for them personally, they thy face tremendous pressures. Lord God, I ask that you would bless and protect their families. Lord God, just bless their marriages and bring intimacy and strength to that relationship, bless their children, protect them from the special pressures that they all face as part of the public lives of these legislators. Father, I pray that You would strengthen them in the inner man, that you would draw them into Yourself. That Lord God, you would reveal them -- yourself to them as that righteous judge with whom everyone of us will have to deal, the one before whom all things are laid open. But Father, I also ask that You reveal Yourself today to them in all of Your grace and mercy, Your love, Your compassion, Your forgiveness. Lord God, and that they might find restoration, forgiveness in You. And Father, I pray that You might initiate truly a movement for Christ in this place. Lord God, use your people, their testimony and their transformed lives to bring it about. Father, we commit all these things in prayer through your son, Jesus Christ. Amen.

LT. GOVERNOR DEWHURST: Amen. Thank you, Pastor Garner. Please be seated, ladies and gentlemen, thank you so much. Members, Senator Whitmire moves to dispense for the readings of yesterday's journal. Is there objection from any member? Chair hears no objection, so ordered. The chair recognizes Senator Watson. Chair recognizes Senator Watson to introduce the doctor for the day.

SENATOR WATSON: Thank you, Mr. President, members. We have two folks with us today to help us out. The first is Dr. Larry Kravitz who you've had the opportunity to meet before. He has served as our doctor for the day before during this session. He is currently with the Austin Regional Clinic, graduated medical school at George Washington University and did his residency at the University of Florida family medicine residency program. He is part of the Texas Academy of Family Physicians. And, as you might expect, also the American Academy of Family Physicians. He, as I indicated one time before, also serves as an expert panelist or has served as an expert panelist with the Texas Medical Board and has served as a team physician for two different sports teams here in Austin. Dr. Kravitz is joined today by a third year medical student at Baylor College of Medicine in Houston, Judy Lou. She was born in Fargo, North Dakota and moved to Austin, Texas in 1993. She was educated at Westwood High School here in Austin, graduated from the University of Texas in 2007 as a double major in the business honors program and the plan two liberal arts program. She is doing a family medicine rotation with Dr. Kravitz and so today we're honored to have both Judy Lou and Dr. Kravitz serving as our physician for the day. Let's welcome them and thank them for their service.

LT. GOVERNOR DEWHURST: We thank you for being with us. Chair recognizes Senator Hegar for the purpose of an introduction.

SENATOR HEGAR: Thank you, Mr. President, members. Today in the gallery we have some students with us from Royal ISD there in Laurel County, they're up there learning a little bit about state government, their government and I just ask if y'all please rise and let us recognize you here. We're so glad you're here today at your state capitol.

LT. GOVERNOR DEWHURST: Members, I'm going to ask all the members if you would to please take your seats. Senators, ladies and gentlemen, what we're looking at are copies of the original Declaration of Independence for the Republic of Texas and the Honor Guard. 175 years ago today, on March 2nd, 1836, a free and independent Republic of Texas was officially declared when the Texas Declaration of Independence was issued by the Convention of 1836 at Washington on the Brazos in observance of the 175th anniversary, the original Declaration of Independence will be on display at the Lorenzo de Savales State Archives in the library building through April 21st, San Jacinto Day. I urge everyone to go other and visit. Today, however, we have the privilege of having that original document here in the Senate chambers as we celebrate this very special day in Texas history. As the Alamo lay under siege defended by brave Texans under the command of William B. Travis and James Buoy. The Convention of 1836 went about its historic business. Seven short weeks later, one of the signers of the Declaration of Independence, Sam Houston, would lead the Texans to victory in the Battle of San Jacinto. In celebration of 175th anniversary of Texas Independence, we will read the words pinned by these brave men on these four pieces of paper. Who without regard for their personal danger but with a fervent desire for freedom from tyranny, shaped the destiny of Texas forever. Chair recognizes Senator Ogden.

SENATOR OGDEN: The unanimous Declaration of Independence made by the delegates of the people of Texas and general convention at the town of Washington on the 2nd Day of March, 1836. When a government has ceased to protect the lives, liberty and property of the people from whom its legitimate powers are derived and for the advancement of whose happiness was instituted and so far from being a guarantee for the (inaudible) and inalienable rights, becomes an instrument in the hands of evil rulers for their oppression. When the federal Republican constitution of their country which they have sworn to support no longer has a substantial existence and the whole nature of their government has been forcibly changed without their consent from a restricted federative republic composed of sovereign states to a consolidated central military despotism, in which every interest is disregarded but that of the army and the priesthood, both the internal enemies of civil liberty, the ever ready minions of power and the usual instruments of tyrants when long after the spirit of the constitution has departed, moderation is at length so far lost by those in power that even the semblance of freedom is removed and the forms themselves of the constitution discontinued. And so far from their petitions and remonstrances being regarded, the agents who bear them are thrown in the dungeons and mercenary armies set forth to force a new government upon them at the point of a bayonet. When in consequence of such acts of malfeasance, advocation on the part of the government anarchy prevails and civil society is dissolved into its original elements and such a crisis the first law of nature the right of self-preservation, the inherent and inalienable rights of the people to appeal to first principles, and take their political affairs into their own hands in extreme cases and joins it as a right towards themselves and a sacred obligation to their prosperity, to abolish such government and create another in its stead, calculated to rescue them from impending dangers and to secure their future welfare and happiness.

SENATOR ZAFFIRNI: Blessed individuals are amenable for their acts to the public opinion of mankind. A statement of a part of our grievances is therefore submitted to an impartial world and justification of the hazardous but unavoidable step now taken of severing our political connection with a Mexican people and assuming an independent attitude among the nations of the world. The Mexican government by its colonization law invited and induced the Anglo American population of Texas to colonize its wilderness under the pledges faith of a written constitution, that they should enjoy to continue that constitutional liberty and republic of government to which they had been health and human bit waited in the land of their birth, the United States of America and this expectation they have been cruelly disappointed and as much as the Mexican nation has acquiesced in the late changes made in the government by General Antonio Lopez of Santa Anna who having overturned the constitution of his country, now, offers us this cruel alternative. Either to abandon our homes acquired by so many privations or submit to the most intolerable of all tyranny the combined despotism of the sword and the priesthood. It has sacrificed our welfare to the state of (inaudible), which our interests have been continually depressed through a jealous and partial course of legislation, carried on at a far distant seed of government, in a hostile environment in an unknown tongue and this to notwithstanding we have petitioned in the (inaudible) terms for the establishment of a separate state government and have in accordance with the provisions of the national constitution presented to the general congress a Republican constitution which was without just cause contentiously rejected.

SENATOR NELSON: It incarcerated in a dungeon for a long time one of our citizens for no other cause but a zealous endeavor to procure the acceptance of our constitution and the establishment of a state government. It has failed, and refused to secure on a firm basis the right of trial by jury that palladium of civil purity and only safe guarantee for the life, liberty and property of the citizens it has failed to establish any public system of education although possessed of almost boundless resources the public domain and although it is an axiom in political science that unless the people are educated and enlightened, it is idle to expect the continuance of civil liberty or the capacity for self-government. It has suffered the military commandant stationed among us to exercise arbitrary acts of oppression and tyranny thus trampling upon the most sacred rights of citizens and rendering the military superior to the civil power. It has dissolved by force of arms, the state congress of (inaudible) and Texas and obliged our representatives to fly for their lives from the seat of government. Thus depriving us of the fundamental political right of representation.

SENATOR WATSON: It has demanded the surrender of a number of our citizens in ordered military detachments, to seize and carry them into the interior for trial in contempt of the civil authorities and in defiance of the laws and the constitution, it has made piratical attacks upon our commerce by commissioning foreign desperados and authorizing them to seize our vessels and convey the property of our citizens to far distant ports for confiscation. It denies us the right of worshiping the Almighty according to the dictates of our own conscious. By the support of a national religion calculated to promote the temporal interests of human functionaries rather than the glory of the true and living God. It has demanded us to deliver up our arms which is essential to our defense, the rightful property of free men and formable only to tyrannical governments. It is invaded our country both by sea and by land with intent to lay waste to our territory and drive us from our homes and has now a large mercenary army advancing to carry on against us a war of experiment nation.

SENATOR WILLIAMS: It has through its mercenaries incited the merciless savage with a tomahawk and scalping knife the massacre the inhabitance of our defenseless frontiers, it have been through the whole time of our connection with it the contemptible sport and victim of the successive military revolution and has continually existed the characteristic of a weak corrupt, tyrannical government these and other grievances were patiently born by the people of Texas until they reached that point at which forbearance ceases to be a virtue. We took up arms in defense of the national constitution, we appeal to our Mexican brother for assistance, our appeal has been made in vain. Though months have elapsed, no sympathetic response has yet been heard from the interior, we are therefore forced to the melancholy conclusion that the Mexican people have acquiesced in the destruction of their liberty and the substitution therefore of a military government that they are unfit to be free and incapable of self-government. The necessity of self-preservation therefore now decrees our eternal, political separation. We therefore, the delegates, with the plenary powers of the people of Texas in solemn convention assembled appealing to a candid word if the necessities of our condition do hereby and resolve and declare that our political connection with the Mexican nation has forever ended and that the people of Texas do now constitute a free, sovereign and independent republic and are fully invested with all the rights and attributes which properly belonged to an independent nation. And conscious of the rectitude of our intentions, we fearlessly and confidently commit the issue to the decision of the supreme arbiter to the destiny of nations.

SENATOR WEST: The names of the signers of the declaration in the order they appear on the document: Richard Ellis president of the convention and delegate from Red River, Charles B. Stewart, Thomas Barnett, John D. Bimer, Frence Francis Louise, J. Antonio Navarro, Jessie Badgett, William D. Lacey, William Minfee, John Fisher, Matthew Caldwell, William Motley, Lorenzo De-lavala, Steven H. Everett, John Smite.

SENATOR SHAPIRO: Elisha Stat, Claiborne West, William B. Skates, M.B. Menard, A.B. Hardin, J.W. Button, Thomas J. Gassily, R.M. Coalman, Sterling C. Robinson, James Coolingsworth, Edwin Waller, Asen Beenumb, George C. Childress, Bailie Hardman, and Robert Porter.

SENATOR WENTWORTH: Thomas Jefferson Rusk, Charles S. Taylor, John S. Robert, Robert Hamilton, Colin McKinney, Robert H. Ladymer, James Power, Sam Houston, Davis Thomas, Edward Conrad, Martin Palmer, Edwin O. Lagrand, Stephen W. Blunt, James Gains, William Clark, Jr.

SENATOR WHITMIRE: Sidney O. Pennington, William Carol Crawford, John Turner, Benjamin Briggs Goodrich, G.W. Barnett, James D. Swisher, Jessie Grimes, S. Rhodes Fisher, John W. Moore, John W. Bower, Samuel A. Maverick, Samuel P. Carson, A. Brisco, J.D. Woods, H.S. Kembell, secretary. This concludes the reading, and Mr. President, at this time I'd like to introduce the representatives from the state library and archives commission, Peggy Red, director and librarian; Commissioner Scott Macofy; state archivist Jalane Chubb, preservation archivist John Anderson; and ask that the senate stand at ease so the members can take advantage of the special opportunity to view this original document.

LT. GOVERNOR DEWHURST: Members, the Senate will stand at ease for a few minutes to take a look at the document. (At Ease.)

LT. GOVERNOR DEWHURST: The Senate will come to order. Chair recognizes Senator Jackson for the purpose of an introduction.

SENATOR JACKSON: Thank you, Mr. President, and members. Can I just have your attention for a moment this morning. We have today a group from my hometown Laport, Texas which is coincidentally the location of the San Jacinto battleground and very historic place. It's home to over 30,000 people and they celebrated their centennial in 1992. But La Port is not only an industry and tourism leader in the state but it's a great place to work and raise your family which I did, my kids graduated out of high school there. We've got a great group of leaders here, they're touring the Capitol, they were here yesterday, they're here today. They're learning about what's going on and all of the tough decisions that we'll have to make. If I could get you to help me welcome them. They're up in the north gallery. Would y'all stand up and let us welcome you to your Texas Senate? Thank you.

LT. GOVERNOR DEWHURST: We thank you for being here. Chair recognizes Senator Nelson -- Senator Nelson on the floor. The Chair recognizes Senator Nelson for the purpose of an introduction.

SENATOR NELSON: Thank you, Mr. President members, today and tomorrow are Tarrant Counties Day here at the Capitol. Unfortunately most of the participants aren't going to be arriving until later today, so we won't get to recognize them in the Senate tomorrow. However, I am pleased to introduce three group from Tarrant County who are here with us today. I'd like to introduce them one by one, these delegations represent wonderful communities with excellent schools and driving businesses located in the heart of the metroplex. Now, I know you all are familiar with leadership groups and these are three leadership groups from Tarrant County, one by one. First of all, would Leadership Grapevine stand and let us recognize and welcome you? There's Leadership Gravevine. Welcome to the Texas Capitol. And then Leadership Herschel Bedford, right here. Welcome. And finally Leadership South Lake, would you please stand and let us recognize you? Thank you, members. And certainly Tarrant County representatives will be here later today and tomorrow, I'm sure stopping by your office. So this is a good representation up here in the gallery. Thank you, Mr. President and thank you, members.

LT. GOVERNOR DEWHURST: Thank you, Senator Nelson. Thank you ladies and gentlemen for being here. The Chair recognizes Senator Fraser for an introduction. Sorry before I do that, I just looked at the screen, excuse me. Chair recognizes Senator Davis who has --

SENATOR DAVIS: Thank you, Mr. President. Thank you, Senator Nelson, for your introduction of our group here today from Tarrant County. I also want to join with her in welcoming you all and congratulating you really for setting a role model, for what it means to work together collectively as municipalities and as a region, we're so proud to represent you. Thank you.

LT. GOVERNOR DEWHURST: Chair recognizes Senator West for an introduction.

SENATOR WEST: Thank you very much, Mr. President. Members I stand to recognize students visiting the Capitol from various higher education institutions located throughout the state of Texas. It includes Dallas Baptist University, (inaudible) college, SMU, these students are recipients of the Texas equalization grants. They're here to advocate for continuation of the GED programs and to show their gratitude to the legislature for this program which has opened the doors for many of the students. The 50 or so students and sponsors represent the independent colleges and universities including Dallas Baptist University, Southern Methodist University, Austin College, Southern Western Assemblies of God and Christ -- excuse me, Southern Western Assemblies of God University, the University of Dallas and also Baylor University. And I know, Senator Birdwell, that you are proud of those students and so I would ask that we have all of the students that are here today on behalf of TEG Texas equalization grants. Stand up so we can recognize you.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Shapiro.

SENATOR SHAPIRO: Thank you very much, I just wanted to also stand up in recognition of these wonderful students. And the University of Dallas which is a Catholic University in my district. Just so everybody knows, they enroll over 3,000 students nationwide and even worldwide and the U.S. News and World Report has recognized the University of Dallas as one of the 15 schools in the great schools great prices category for the western region, so I'm very proud of those students and of this university. Thank you, Mr. President.

LT. GOVERNOR DEWHURST: Thank you, Senator Shapiro. Senator Fraser, are you ready? Yes? Chair recognizes Senator Fraser for an introduction -- I'm sorry, Senator West, did you wish to speak on this? All right, fine. The Chair recognizes Senator Fraser.

SENATOR FRASER: Thank you, Mr. President and members. We've got a group coming out here. Abilene, as all of you know, is part of my area. Hardin Simmons University there, their women's soccer team this year are the division three national champions. The group, we've got another -- the rest of them up here, they visited with the governor this morning, we're bringing them down because this team is the undefeated champion this year and obviously they are starting a dynasty that I hopefully in two years we're back here recognizing a couple more championships. The girls that are on floor here are the team's captains and the seniors up in the north gallery is the rest of the team. If y'all would stand so we can recognize you. But this is the national champion women soccer team.

LT. GOVERNOR DEWHURST: Senator Davis, what is that that you have on your desk?

SENATOR DAVIS: Well, Mr. President, this is a football helmet from the Rose Bowl winning TCU Horn Frogs. We are joined today by several individuals from that team as well as some other great news from TCU. This year, of course, we all know about the TCU Horned Frogs. That looked great on you, Senator West. And the incredible year that they had in football. Of course, they won the Rose Bowl, they were the first ever nonqualifying team to appear in the Rose Bowl and they ended their season. No. 2 in the polls which is really, really amazing but they also at TCU had some other incredible stories. The baseball team made its first college World Series game. They chalked up 54 wins and No. 3 in the polls and the women's rifle team won the 2010 National Collegiate Association national title in Fort Worth. I am so pleased to be joined today by Chancellor Victor Bosheeny, if you'll step forward Chancellor, so we know who you are. We also are joined today by our student body president Jackie Wheeler and by Sarah Beard from the women's rifle team that we just talked about. And then we have Colin Jones and Bart Johnson here from the football team and Mike Sinkfield who's director of football operations at TCU. I'm so proud to be a TCU alum. I noticed that Senator Watson is wearing what looks like a purple tie today and he's from the Fort Worth area too, so thanks for the support Senator. And, of course, Senator Shapiro our neighbor to the east from Dallas is wearing her purple today as well. We're so happy to have you here and we got a contingent from TCU who's here working on behalf of TEG grants. If you all would stand up and let's show our Horn Frogs pride. Welcome.

LT. GOVERNOR DEWHURST: I'm going to go ahead and lay these out then. The Chair lays out Senate Resolution No. 10. The secretary will read the resolution.

PATSY SPAW: Senate Resolution 10 congratulating the Texas Christian University Horn Frogs football team on winning the 2011 Rose Bowl.

LT. GOVERNOR DEWHURST: The Chair lays out Senate Resolution No. 414. The secretary will read the resolution.

PATSY SPAW: Senate Resolution 414 welcoming the Texas Christian University Student Government Association to the state Capitol.

LT. GOVERNOR DEWHURST: Senate Resolution No. 419. All by Senator Davis.

PATSY SPAW: Senate Resolution 419 recognizing the Texas Christian University rifle team on winning the 2010 National Collegiate Athletic Association national title.

LT. GOVERNOR DEWHURST: And Senate Resolution No. 420 by Senator Davis. The secretary will read the resolution.

PATSY SPAW: Senate Resolution No. 420 congratulating the Texas Christian University baseball team on its outstanding 2010 season. By Davis.

LT. GOVERNOR DEWHURST: Senator Davis.

SENATOR DAVIS: Thank you, Mr. President, it's with great pride that I move adoption of the resolutions as read.

LT. GOVERNOR DEWHURST: Members, you heard the motions by Senator Davis. Is there objection?

SENATOR EDDIE LUCIO: Mr. President.

LT. GOVERNOR DEWHURST: Excuse me, I didn't see you. The Chair recognizes Senator Lucio on the resolutions.

SENATOR LUCIO: You have a neighbor to the south that really is a big supporter and admirer of TCU. My daughter went to school there starting in 1987 for four solid years, she was a cheerleader for Coach Wacker. She and I watched the Rose Bowl and we were very, very excited. Play by play. I can't tell you how proud we were and we joined many in the lower Rio Grande Valley of Texas who wear their purples very proudly. I didn't know you would be here today. I wore burnt original, but I do tell you. I do have a purple bow and I would have worn it, but next time I will make sure I know who's going to be on the floor but I joined the rest of the people of our great state to congratulate you. You made us proud, you represented us at the highest level and you're exemplary at everything you do at TCU. Congratulations. Go Frogs.

LT. GOVERNOR DEWHURST: Members, Senator Davis moves the adoption of the four resolutions, is there objection from any member? The Chair hears no objection, and the resolutions are adopted. Members the Chair lays out Senate Resolution No. 99 by Senator Ogden. The secretary will read the resolution.

PATSY SPAW: Senate Resolution 99 commending the Agriculture Business Association (inaudible (inaudible) by Ogden.

LT. GOVERNOR DEWHURST: The Chair recognizes Senator Ogden to explain the resolution.

SENATOR OGDEN: Members, today I would like you to help me recognize and welcome some distinguished visitors from the independent country of Poland and I think it's fitting to have them on the floor today at the same day that we read the Declaration of Independence from Texas. I think these fine citizens know a little bit about that too. Members, visiting the Senate today are leaders of the agricultural industry in their home country of Poland. They have come to Texas to help create a band that will help import and export opportunities and to examine the relationship between government and agriculture in Texas. The delegation will be traveling to locations across the state to learn more about specific crops and agricultural technologies. Our floor guests today are (inaudible) Bochek, National 4H Foundation director of Poland, Maryann Secora, president of the National Federation of Agricultural Producers of Poland and (inaudible), president of the National Association of Cereal Producers of Poland and our own Dr. Jim Mazirkovitch, Leadership Program director of the Texas Life Extension Service. In the gallery today are additional members of the Texas business study tour which includes farmers, scientists, industry leaders. I'd ask them to stand and be recognized. Members, please help me extend a warm Texas welcome to the representatives of the Agricultural Business Association of Poland and the National Association of Cereal Producers.

LT. GOVERNOR DEWHURST: Thank you, Senator Ogden, members. I would like for you to meet these representatives. I spent about 45 minutes with them earlier. Really a good group of men and women from Poland wishing to have a very tight tie with Texas. Members, you heard the motion from Senator Ogden, is there any objection? Chair hears no objection, the resolution is adopted.

SENATOR PATRICK: The Chair recognizes Senator Birdwell for an introduction.

SENATOR BIRDWELL: Thank you, Mr. President, Mr. President, members, today I'd like to introduce a couple of groups to you today if I may. First of all from Waxahatchee and Allison County, it's Waxahatchee County Day at the State Capitol. They're led by Lynn Pike, and this is the 17th leadership class in Waxahatchee County, their purpose is to develop new leaders, who will help build a promising future for the city, county and state. Also the members of West Day today seated in the east gallery. Number of people from West Day led by Mayor Gerald Bolton, mayor of West, 1966 member of the Grandberry High School team that won the state championship in the 1969 Longhorn National Championship team where he played tight end. So a number of folks Judge David (inaudible), Tommy Muchca, city manager Joey Pachowski and the Texas (inaudible) Queen of McLendon and Hill Counties, Amy Hollochek. And we have the Junior Heritage Czech dancers at 3:00 that will perform at noon, so make sure you go check them out. Will those groups please stand and rise and be welcomed to your state Senate today.

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

PATSY SPAW: Senate Resolution 389. Whereas the Senate of the state of Texas is pleased to recognize Coach Lee Andrews of Granberry High School of the occasion of her 1,334th win which establishes her as the most victorious coach in American high school basketball history; and whereas her remarkable career in 1962 at Teller High School. Driven by the will to succeed, she studied under legendary University of Kentucky Coach Adolph Ruck who helped expand her understanding of the game's fundamentals and its nuances. She first taught at Granberry High School from 1976 to 1980; and whereas, over the course of her career, Coach Andrews has amassed 34 consecutive seasons with 20 or more wins and has taken 14 teams to the state tournament and in 1990 she guided Corpus Christi Cal Allen High School to the state championship title. And whereas, Coach Andrews returned to Granberry High School in 1992 and in 2005 became the winningest high school girls basketball coach in history surpassing the record for boys basketball and becoming the most victorious coach in history is a testament to her superior skills and her determination; and whereas Coach Andrews has instilled in many generations of players the importance of teamwork and a strong worth ethic. Her enduring emphasis on building character in all aspects of life has served as an inspiration to her students and her colleagues for nearly 50 years; and whereas, Coach Andrews has had a profound influence on countless young people, preparing them for success both on and off the court and she is truly deserving of recognition for her dedication and commitment as she passes this historic milestone. Now, therefore be it resolved that the Senate of the Texas 82nd legislature hereby commends Coach Lee Andrews on her exceptional career and extends to her congratulations on becoming the most victorious coach in American high school basketball history. By Birdwell.

SENATOR PATRICK: The Chair recognizes Senator Birdwell on the resolution.

SENATOR BIRDWELL: Thank you, Mr. Chairman, Mr. President, members, today's a special day. It is Hood County day at the Texas Capitol, my home county, and we have a lot of great friends visiting us today to honor Lee Andrews. There's so many familiar faces in the gallery that we can't name them all, but the elected officials are led by County Judge Cockerham and Sheriff Roger Deeds and the city and business or the business leaders of the community are led by Mike Scott the president of our chamber of commerce. Would the folks from Hood County that are here to recognize Lee Andrews please stand in the west gallery? Thank you and welcome to the Texas Senate. This group of great Texans is here to honor a great Texan and coach Leda Andrews of Granberry. Coach Andrews, as the resolution says, is the winningest basketball coach in the country. It's appropriate that the record was previously held by a coach from Fort Worth, Dunbar, and that record is now broken by another coach from Texas in Granberry. Leda Andrews is joining us on the floor today with her husband David and her three daughters Sissy, Linda and Lisa. Leda Andrew has not only been a great ambassador for Granberry, but for Texas and the nation as well because of her stellar qualities of sportsmanship, dedication, and they're greatly admired throughout the entire United States. I'm pleased to have her visiting on the floor of the Texas Senate today for a much deserved and a well earned recognition. And Leda has been coached for nearly half a century and besides all the victories amassed, her greatest accomplishment is all the young ladies that she has trained to be champions in the game of life. Mr. President, I move adoption.

SENATOR PATRICK: Are there any objections to the adoption of the resolution? The Chair hears none, the resolution is adopted. The Chair lays out the following resolution. The secretary will read the resolution.

PATSY SPAW: Senate Resolution 421 declaring Wednesday March 2nd, 2011, as Texas Transit Association Day at the State Capitol. By Williams.

SENATOR PATRICK: The Chair recognizes Senator Williams to explain the resolution.

SENATOR WILLIAMS: Thank you, Mr. President, members. It's my pleasure today to recognize the members to the Texas Transit Association. The Texas Transit Association is a nonprofit corporation, a professional corporation representing many transit authorities and districts across the state. The work of this notable organization benefits many Texans who rely on public transportation as their primary means of getting to work, school and many other activities. Public transportation systems are an integral part of our ability to deal with disasters here in the state and it's evidenced by the assistance that victims received in hurricanes Gustav and Ike from members of the Transit Association. For more than two decades this association has supported the needs of our state's public transportation systems through advocacy and education. We're joined in the gallery today by members of the Texas Transit Association. Would you please rise so we can recognize you? Thank you so much for being here. Members, help me give them a warm welcome. I move adoption.

SENATOR PATRICK: Is there any objection to the adoption of the resolution? The Chair hears none the resolution is adopted. The Chair recognizes Senator Uresti for an introduction.

SENATOR URESTI: Thank you, Mr. President, members, good afternoon. As we celebrate Texas Independence Day, it is appropriate that we are acknowledging two counties in Senate District 19 that have contributed so much to our state's history and identity. If it's true that everything is bigger in Texas, what superlatives can you possibly come up with for Brewster County? At more than 6,000 square miles it is the largest county in Texas. Of course that makes it the largest county in the galaxy, Brewster County is home to Alpine and (inaudible) University, Big Ben National Park, the granddaddy of all chili cookoffs and some of the most independent self-reliant people you could find anywhere in Texas. Less than 1 percent of Brewster County is considered prime farmland and the region gets just 12-inches of rain per year, yet people thrive here. Alpine is the center of higher education, tourism, commerce and art. So today we celebrate Brewster County for the size of its boundaries and the size of its heart, for its history and the contributions to the legacy of west Texas. In addition, members, we also have Jeff Davis County Day. All of west Texas has a rich history but Jeff Davis in particular played a major role in the region's dominant and esteemed lore of the old west. Little did anyone know that Jeff Davis County would be central to knowing more about our place in the universe. At 6788 feet Mt. Lock is not the highest peak in Texas, but is by and far the most important to size in autonomy. The McDonald observatory and the nearby Hobble telescope are expanding the frontiers of knowledge while attracting some 60,000 visitors a year. Members, this morning we are privileged to have with us the former administrator of the observatory, George Grubb who now serves as a Jeff Davis county judge. We also have sheriff Rick Mcgiver, a former quarterback for the Longhorns and the St. Louis Cardinals. We also have with us Bertha Rio Martinez, the county clerk, and we also have Jim Fitzgerald, Alpine city councilman. And I believe we have some guests in the gallery, they may have left. Will y'all stand up? Members, help me welcome our fine guests that have come a long way to the state's Capitol.

SENATOR PATRICK: The Chair announces the signing of the following in the presence of the Senate.

PATSY SPAW: HCR No. 175.

SENATOR PATRICK: The following message from the governor, the secretary will read the message.

PATSY SPAW: To the Senate of the 82nd legislature regular session, on February 21st, 2011, I submitted the name of Devora Mitchell for appointment to manufactured housing board because she resigned. I hereby withdraw her nomination and request the Senate return that appointment to me. I ask the advice, consent and confirmation of the Senate with respect to the following appointments to be members of the Texas board of criminal justice Lorna Guest, Beaumont; Thomas Melcher, Amarillo; Leopold Vasquez, Houston. To be members of the Texas State Affordable Housing Corporation board of directors Jerry (Romero, El Paso, M. Herron Acres, Plano; to be members of the Texas Department of Housing and Community Affairs Juan S. Menos, Lubbock, J. Pollox, Sugarland. To be members of the central Colorado River Authority Andrew M. Young, Coleman; Patrick Justice, Coleman. To be a member of the Red River Compact Commission William A. Abney, Marshall. To be members of the risk management board Rosemary A. Gamin, Plano; Thomas Gonzales, Irving. To be members of the commission on human rights Tony Rhodes Glover, Fort Worth; Sharon McKalka, Dallas. To be members of the Texas private security board Brian England, Forney; Albert L. Blacks, Austin; Howard H. Johnson, Dallas; Mark L. Smith, Dallas. To be members of the Texas Council on Autism and Pervasive Development Disorders Anna Hinojosa, Dallas; Tammy (inaudible); Frank C. McKennick, Fort Worth; To be member of aging and disability council Donna Starr, Waco; Sharon Butterworth, El Paso; John Quidar, Dallas, Judy Foster, San Antonio. Respectfully submitted, Rick Perry, governor of Texas to nominations.

SENATOR PATRICK: Mr. Doorkeeper.

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

SENATOR PATRICK: 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 HCR72, Zerwas recognizing March 1st, 2011, as Donate Life Texas Day at the State Capitol; SCR19 Van de Putte commending doctors, educators and parents who participate in Reach Out and Read Program; SCR22 Ellis recognizing February 28th, 2011, as Texas Southern University Day.

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

PATSY SPAW: Senate Resolution 397, whereas the Senate of the state of Texas takes pride in recognizing Rice University for the excellent education opportunities it has provided to students throughout the state and nation and around the world over the last 100 years; and whereas named for William Marsh Rice, Rice University was the first institution of higher education. Founded in Houston inaugural ceremonies took place on October 12, 1912, and its first president Edgar Odell Lubbock set forth an in-vicious vision for a great research university; and whereas, one of the country's leading higher education institutions Rice University is ranked among the top 20 universities in the United States by U.S. News and World Report. It has played a significant role in research in such fields as nano technology, space, cellular technology, energy and the environment; and whereas in 1963 Rice University became the first university in the nation to create a department dedicated to space science, the NASA Johnson Space Center is located on land deeded to the United States government by Rice University; and a scientific experiment built by Rice Professor John Freeman, Neil Armstrong and Buzz Aldridge during their lunar trip; and whereas the university is fortunate to have exceptionally assigned trustees, administrators and faculty members who have placed emphasis on inspiring students to succeed in the arts, humanity, sports and sciences. It is the goal of the university to thoroughly prepare its students to thrive in a highly competitive and complex world and many of its alumni have distinguished themselves in their careers and enriched our state and nation; and whereas the success of this university as a result of the united effort by many resourceful and dedicated individuals and all who are associated with the preservation of the great traditions of this institute deserve to be proud of their accomplishments. Now, therefore be it resolved that the Senate of the state of Texas 82nd legislature hereby express appreciation to Rice University for providing an outstanding educational environment and for its enumerable contributions to the state of Texas and our country. By Ellis.

SENATOR PATRICK: The Chair recognizes Senator Ellis on the resolution.

SENATOR ELLIS: Mr. President, members, we will not be in session tomorrow and that's when Rice University actually celebrates its 100th birthday, but I wanted to recognize this university of the first class a day before the House gets to honor of doing it by that point. But as you know, Mr. President, it's a great school, asset to our state and to the country is good that we do have two tier one universities in Houston, Rice was the first and the Senate is the first to recognize it one day before their 100th university. So happy birthday, Rice, and I would move adoption of the resolution.

SENATOR PATRICK: Is there any objection to the adoption of the resolution? The Chair hearing none, the resolution is adopted. The following message from the attorney general of Texas. The secretary will read the message.

PATSY SPAW: The office of the attorney general of Texas has made the following reappointment which requires the advice and consent of the Senate to the school land board of Texas. Mr. David Herman, San Antonio, respectfully submitted Greg Abbot, attorney general of Texas. To nominations.

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

PATSY SPAW: Senate Concurrent Resolution No. 23 granting the legislature permission to adjourn for more than three days during the period beginning on Wednesday March 2nd and ending on Monday March 7th. By Whitmire.

SENATOR PATRICK: The Chair recognizes Senator Whitmire the explain the resolution.

SENATOR WHITMIRE: Thank you, Mr. President, members. It is our constitutional required resolution to allow the body to adjourn for more than three days without the consent of the other house. This allows us to adjourn from Wednesday March 2nd until Monday March 7th, I so move.

SENATOR PATRICK: On the adoption of the resolution, the secretary will call the roll.

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio --

SENATOR PATRICK: There being 31 ayes and no nays, the resolution is adopted.

SENATOR ELTIFE: Following report from the nominations committee, the Chair recognizes Senator Deuell to explain the report.

SENATOR DEUELL: Thank you, Mr. President and members. I move to confirm the nominees that are listed on the committee action report placed on your desks. These nominees were taken up in our Monday February 28th meeting.

SENATOR ELTIFE: Are there any requests to sever? Hearing none, Senator Deuell moves that the nominees report favorably from nominations committee be confirmed. 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 ELTIFE: There being 31 ayes and zero nays the nominees are confirmed. Senator Gallegos, for what purpose?

SENATOR GALLEGOS: Mr. Chairman, I was talking to Senator West when the bill came up or the nominations committee report, I just -- can you explain it to me again?

SENATOR ELTIFE: The Chair recognizes Senator Deuell to explain again the report.

SENATOR DEUELL: Do you have a particular explanation? This was revision two. It was on your desk. Do you have a specific question, Senator?

SENATOR GALLEGOS: Yeah, is Mr. Bradley on here?

SENATOR DEUELL: No, sir, he's not.

SENATOR GALLEGOS: Okay, that's all.

SENATOR KEVIN ELTIFE: Thank you, Senator Deuell. Thank you, Senator Gallegos.

LT. GOVERNOR DEWHURST: Members, the president's desk is clear. Are there announcements? The Chair recognizes Senator West for an announcement.

SENATOR WEST: Thank you very much, Mr. President, members, the Senate committee on intergovernmental relations will reconvene at 1:00 o'clock in E1.028.

LT. GOVERNOR DEWHURST: Are there any additional announcements? Senator Ogden walked down to the reception room, he's in the reception room. He's in the reception room. Did we send somebody for him? The Chair recognizes Senator Ogden for the purpose --

SENATOR WHITMIRE: Mr. President, can we ask for some order?

LT. GOVERNOR DEWHURST: Members, if you'd take your seat please. The Chair recognizes Senator Ogden.

SENATOR OGDEN: Mr. President -- Mr. President and members, today I ask that the Senate today adjourn in the memory of a young man Garrett Meliska who passed away earlier this week at 17 years of age. He had fought a heroic battle against cancer at MD Anderson over the last several years and he was quite an impressive young man who had a big impact on our community from coaches to teammates to complete strangers -- complete strangers. He made a lasting impression on pretty much everyone in the community. My wife attended his funeral service this morning, I attended his rosary last night and he was quite a remarkable young man. And one of the things I wanted to add as we adjourn in his memory as we wrestle with the appropriations process and the money that we're going to appropriate for cancer research in the state of Texas I'll be thinking of this young man.

LT. GOVERNOR DEWHURST: Thank you, Senator Ogden. The Chair recognizes the dean of the Senate for a highly privileged motion.

SENATOR WHITMIRE: Mr. President, at this time I would yield to Senator Huffman.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Huffman.

SENATOR HUFFMAN: Thank you, Mr. President. I rise today to also ask that we adjourn in memory of some four little children who died this past week on February the 24th, 2011 in Senate District 17. They were attending Jackie's Child Care which was a registered family home providing child care in west Houston and they all four burned in the fire. Their names are Shamarie Leon Dickerson, three years old, Elizabeth Kooho, 19 months old, Kendall Stratford, 20 months old, and, Elias Castillo, 16 months old. I think that this tragic event serves as a reminder that we must remain ever vigilant in ensuring the safety and protection of our youngest little Texans. So behalf of the Texas Senate I offer my complete condolences to this family who I know are suffering beyond words.

LT. GOVERNOR DEWHURST: What a tragedy in both cases. The Chair recognizes Senator Whitmire.

SENATOR WHITMIRE: Mr. President and members, I move that the Senate adjourn until 1:30 Monday March 7th, 2011, in memory of Garrett Meliska, Shamarie Leon Dickerson, Elizabeth Kuju, Kendall Stratford and Elias Castillo. I so move.

LT. GOVERNOR DEWHURST: Thank you, Dean. Members, you've heard the motion by the dean of the Senate, is there objection from any member? The Chair hear no objection, the Senate will stand adjourned until 1:30 March 7th in honor of the victims of the fire in the Houston day care and Garrett Meliska, Shamarie Leon Dickerson, Elizabeth Kuju, Kendall Stratford and Elias Castillo. (Adjourned.)