Senate Transcript, March 7, 2011

LT. GOVERNOR DAVID DEWHURST : Members, the Senate will come to order and the secretary will call the role.

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.

LT. GOVERNOR DAVID DEWHURST : Thank you, madam secretary. Member as quorum is present. Would all those in the floor please rise and the gallery please rise for the invocation this morning to be delivered -- this afternoon to be delivered by Minister David Chisholm of the Rockwall and Brin Church of Christ in Terrell.

PASTOR: Let's pray. Our father in heaven we come before you now as a humble and greatful people. Father, we are greatful for this day and we recognize that every good thing we have in our lives comes from you. Father, we thank you for the opportunity you give us to serve others and we pray that we would always be selfless as we seek to live lives of service. Father, we pray your blessings upon the works that we do and we pray that you would bless those works that they might help this land to become even better. Father, we pray that you would continue to bless Texas, we pray for your blessing on the United States of America, and father, we pray for your blessing upon each and everyone of us gathered here today. Father, all of this we pray on your son Jesus. Amen.

LT. GOVERNOR DAVID DEWHURST : Pastor Chisholm, thank you. Ladies and gentlemen please be seated. Thank you very, very much. Members Senator Whitmire moves to dispense with the reading of yesterday's journal. Is there objection from any member? Chair hears no objection. So ordered. Mr. Doorkeeper.

MR. DOORKEEPER: Mr. President, there is a message from the House. Admit the 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. HCR28 branch in memory of Don Meredith former SMU and Dallas quarterback a long-time sportscaster. HCR62 Workman congratulating the Regent School of Austin football team on winning the 2010 taps division three state championship. SCR23 Whitmire granting the legislature permission to adjourn for more than three days during the period of Wednesday, March 2nd.

LT. GOVERNOR DAVID DEWHURST : Members the following message from the governor the secretary will read the message.

PATSY SPAW: To the senate of the 82nd legislature regular session I ask the advice, consent and confirmation of the senate with respect to the following appointments. To be a member of the State Soil and Water Conservation Board Joe L. Ward, telephone; to be members of the Texas Physician Assistant Board Anna Arredondo Chapman, Del Rio; Felix Koo, McAllen; Richard R. *War, Texas City. To be members of the Texas Woman's University Board of Regents, Deborah S. Gibson, Houston; Melissa D. Tonn, Dallas; and Mary Pincoffs Wilson Austin. Respectfully submitted Rick Perry, Governor of Texas to nominations.

LT. GOVERNOR DAVID DEWHURST : The chair recognizes Senator Shapiro to introduce the doctor for the day.

SENATOR FLORENCE SHAPIRO: Thank you, Mr. President and members. Today it's my pleasure to introduce a family physician who's here with his son, Sam, who has come here to serve us, Dr. Christopher Lawrence from McKinney, educated at the university of Texas as well as Stephen F. Austin State University where he received his bachelor of science, he earned his MD from the University of Texas Health Science Center in San Antonio Medical Center. Dr. Lawrence is the president and managing physician of McKinney family health care and the president of Colin County Health Management. Dr. Lawrence was named in 2010 as the best family doctor in McKinney by the McKinney Chamber of Commerce. I'm sure your business has picked up quite a bit since then. We are very proud to have Dr. Lawrence, his involvement in the community as well as his wonderful medical practice has been a real plus for the citizen of Colin County. At this time I would ask everyone if they would please acknowledge Dr. Christopher Lawrence and his son Sam who's here from Dowell Middle School in McKinney. Thank you for being with us.

LT. GOVERNOR DAVID DEWHURST : The chair signs in the presence of the senate the following.

PATSY SPAW: Senate Concurrent Resolution No. 19, Senate Current Resolution No. 22, House Concurrent Resolution 49, and House Concurrent Resolution No. 70.

LT. GOVERNOR DAVID DEWHURST : Members the following bills and resolutions on first reading and reference to the committee. The secretary will read the bills and the resolutions.

PATSY SPAW: Senate Bill No. 3 by Shapiro relating to flexibility of the board of trustees of a school district in the management and operation of public schools in the district to education. Senate Bill 9 by Williams relating to homeland security to transportation and homeland security. Senate Bill 24 by Van de Putte et al. relating to the prosecution, punishment, and certain criminal and civil consequences of offenses involving or related to the trafficking of persons and to certain protections for victims of those offenses to criminal justice.

LT. GOVERNOR DAVID DEWHURST : The chair lays out the following resolution: Senate Resolution No. 326 by Senator Wentworth and Senator Nelson. The secretary will read the resolution.

PATSY SPAW: Senate Resolution 326 recognizing July 23rd, 2011 and July 28th, 2012 as National Day of the Cowboy by Wentworth.

LT. GOVERNOR DAVID DEWHURST : The chair recognizes Senator Wentworth to explain the resolution.

SENATOR JEFF WENTWORTH: Thank you, Mr. President. Mr. President and members, in 1523 Ponce de Leon brought cattle to Florida. By 1526 cattle ranching was underway and the American cowboy was born. The National Day of the Cowboy is a nonprofit organization founded in June 2005 to preserve this storied tradition. The organization's influence is widespread. The flag of the National Day of the Cowboy flies in 26 states and six countries. In 2008 the National Day of the Cowboy flag flew over the barracks of our soldiers, the dessert cowboys in both Iraq and Afghanistan. And in 2008 it flew to the international space station aboard the space shuttle Discovery. This year on July 23rd, the National Day of the Cowboy, let us pay tribute to both the cowboy and the organization that through educational efforts, the arts, celebrations, gatherings, rodeos, and community activities insures future generations remain aware of the cowboy's contribution to America's rich western heritage. Today we have with us Bethany Braley, executive director of the National Day of the Cowboy, on the floor of the senate with us whose tireless efforts have made this day possible. Please join me in welcoming her to the Texas Senate and I move adoption of the Senate Resolution 326.

LT. GOVERNOR DAVID DEWHURST : Senator Nelson, did you wish to speak on this? Okay. Members, you heard the motion by Senator Wentworth is there objection from any member? Chair hears no objection and the resolution is done. The chair lays out the following resolution. Senate Resolution No. 385 by Senator Van de Putte, Senator Wentworth, Senator Zaffirini and Senator Uresti. The secretary will read the resolution.

PATSY SPAW: Senate Resolution 385 commending the cyber patriot team from the Alamo College's Information Technology and Security Academy on its victory at the regional cyber patriot. The third competition hosted in San Antonio and known as the mayor's cyber cup by Van de Putte et al.

LT. GOVERNOR DAVID DEWHURST : Thank you, madam secretary. The chair recognizes Senator Van de Putte to explain the resolution.

SENATOR LETICIA VAN DE PUTTE: Thank you, Mr. President. Mr. President and members, it gave me a great honor today to sponsor Senate Resolution 385 and recognizing our cyber security patriots. What you see before you today is a students that are the cyber patriot three. It's the premiere high school defense competition and these are the winners. It was created to inspire high school students to takeup careers in cyber security and or the disciplines of science, technology, engineering, and mathematics that are critical to our countries future and to our country's defense. The information and information systems are an integral part of the infrastructure of our state and nation. And under the leadership of our San Antonio Greater Chamber of Commerce and with the support of our Alamo College's Information Technology and Security Academy this cyber patriot team and these young men, our San Antonio business community has made great strides in enhancing and expanding cyber security abilities. The team members are *Jose Ricardo Bonda, who's the captain of our cyber patriot team. He's a junior at Southwest High School, a constituent of Senator Uresti and Jose earned his A plus certification as a computer technician while only a sophomore. Clint Sierra is a junior at Warren where he maintains a grade point average of 92.4 and he's taking a lot of advance placement courses which should make Senator Shapiro very happy. Lawrence Roberts is also a junior at Warren High School who plays the French horn in the band and he's pursued a long standing interest in computer applications. *Mario Puenta, III is a junior at Brennan High School and is also a constituent of Senator Uresti. Mario has had an interest in computer technology for many years. Robert Florez, Jr. is a junior at Judson High School and a constituent of Senator Wentworth. Robert is ranked in the top 1 percent of his class and is, of course, a member of the honor society. These students have recognized the importance of the growing field of cyber security and taken the initiative in this vital area of study. Now, San Antonio has long been recognized for its impressive array of skilled professionals in this field. Realizing the importance of this critical discipline, the city leaders have convinced and did so very successfully the United States Air Force to base its cyber security unit, the 24th Air Force in San Antonio. With me just on the side of the gallery on the rail here is the commander of the 24th Air Force division, Major General Richard E. Weber. General Weber is responsible for the Air Force's newest numbered Air Force providing combatant commanders with trained and ready cyber forces which plan and conduct the trained operations. Today, in the gallery I would also like to recognize the team that helps these young students. In the -- for the executive director of the Alamo area colleges, Gene Bowman; the coordinator of the program, Erica Garza and Sandhya Boyd; and their coaches *Mike Matusek and *Troy Toshay. Along with Alamo College's the Greater San Antonio chamber has played an outstanding leadership role. Members, these are the patriots and warriors of the future. These young men and there will be many women will be protecting our borders but they are our virtual borders. They are the protectors of the internet as we look at all of our data systems in the state and the country. These patriots are patriots but they're defending the borders that you and I now know as that in the virtual world. Please welcome those in the gallery in recognition of our cyber patriot warriors, our team here, our winners, and would those in the gallery please stand who are here with these young men, as we honor and pass Senate Resolution 385.

LT. GOVERNOR DAVID DEWHURST : Thank you, Senator Van de Putte. Thank y'all for being here, ladies and gentlemen. Members, you heard the motion by Senator Van de Putte. Is there objection from any member? Chair hears no objection, resolution is adopted. Members, the chair recognizes Senator Deuell for a motion.

SENATOR BOB DEUELL: Thank you, Mr. President. Members, on March 1st, 2011, Governor Perry requested that the nomination of Devora Mitchell to be a member of the Manufactured Housing Board be withdrawn. Ms. Mitchell resigned on March 1st, 2011. Mr. President, members, the governor requests that this nomination be returned to him. I move that the Senate grant the request from the governor and return this nomination.

LT. GOVERNOR DAVID DEWHURST : Members, you've heard the motion by Senator Deuell. Is there objection from any member? Hearing no objection, the motion is adopted and the nomination is returned to the governor. Members, we're waiting for -- we have two more resolutions. The guests are over at the House. We're waiting for them to come over here. The Senate will stand at ease for a few moments. The Senate will come to order. Chair lays out the following resolutions. Senate Resolution No. 173 by Senator Deuell. The secretary will read the resolution.

PATSY SPAW: Senate Resolution 173 declaring Monday March 7th, 2011, as Kaufman State County Day by Deuell.

LT. GOVERNOR DAVID DEWHURST : Chair recognizes Senator Deuell to explain the resolution.

SENATOR BOB DEUELL: Thank you, Mr. President. Members, it's my honor to welcome a special group of friends and constituents from Kaufman County here to celebrate Kaufman County Day at the Capitol. Situated on the divide between the Trinity and Sabine rivers. Kaufman County was named after David Kaufman, the first Jewish congressman from Texas and includes portions of 21 north Texas cities. Kaufman County is full of historical and cultural attractions such as the British Flight Training School Museum and the Terrell Heritage Museum. Today Kaufman County is one of the top ten fastest growing counties in the state and is the home to several high quality school districts and higher education facilities. Joining us on the floor this afternoon are mayor Hal Richards from the city of Terrell, mayor Darren Rozell process from Forney, and mayor Cody Frasier from Crandall. Additional members of the delegation are in the west gallery today. I'd like you to join me in welcoming them to the Capitol. Move adoption.

LT. GOVERNOR DAVID DEWHURST : Thank you, Senator Deuell and ladies and gentlemen, thank you for being here. Members you heard the motion by Senator Deuell is there objection from any member? Chair hears no objection and the resolution is adopted. Members, I am going to ask you, if you would, to please take your seats. We have a memorial resolution. Thank you members. The chair lays out Senate Resolution No. 412 by Senator Deuell. The secretary will read the resolution in full.

PATSY SPAW: Senate Resolution 412. Whereas Thomas Randall Snow of * experienced a life changing accident while still a teen. Yet he went on to become a world renowned athlete who inspired countless admirers across the Lone Star State and beyond. And whereas born on May 24th, 1959 Randy Snow was a state ranked tennis player dreaming of a professional career when he was paralyzed at the age of 16 in a farm accident. He graduated from Terrell High School and enrolled at the University of Texas at Austin establishing a wheelchair basketball team there. And he later transferred to the University of Texas at Arlington and participated in the school's wheelchair athletic program ultimately earning a bachelors degree in 1986. He subsequently received a masters degree in psychology from the University of Phoenix. And whereas Mr. Snow competed in wheelchair tennis, track, and basketball with an impressive record of success in all three sports. After receiving a standing ovation and a silver medal for his performance in the men's 1500-meter wheelchair exhibition race at the 1984 summer Olympics. He helped focus attention on disabled athletes and assisted in the launch of the paralympic games. He was a 16 time United States open wheelchair champion between 1981 and 1993. Won gold medals in the 1992 summer of paralympic games in Barcelona for singles and doubles tennis and was a member of the bronze medal winning wheelchair basketball team at the 1996 Atlanta games. Moreover, he was named outstanding athlete at the national wheelchair games and became the only participant to medal in three different sports in the summer Paralympic games. And whereas this notable competitor was inducted in the Texas Tennis Hall of Fame in 2001 and the National Spinal Cord Injury Hall of Fame in 2005, he was the first Paralympian inducted into the United States Olympic Hall of Fame in 2004. And whereas also a leader in business and motivational speaking and the author of three books, Mr. Snow conducted the Randy Snow wheelchair tennis camps and developed the United States professional tennis association wheelchair certification. He had a 20 year career with Sunrise Medical, a company that makes wheelchairs and other devises. And he founded his own venture, No Excuses, incorporating in 1999. In addition he served on the board of the Terrell friends of the library and was active in Wheels for Humanity, Turning Point Nation and other group that encourage and support individuals with disabilities. He was leading a wheelchair tennis camp in El Salvador for the International Tennis Federation at the time of his death on November 19th, 2009, and he was posthumously inducted into the United States Professional Tennis Association Hall of Fame the following year. And whereas in conjunction with the annual Kaufman County Day festivities at the State Capitol the date of March 7th, 2011, is also being recognized as Randy Snow Day in memory of this long-time county resident and esteemed Texan. And whereas refusing to let his disability define him, Randy Snow brought to all of his endeavors great skill, optimism, and determination and his achievements have touched more lives than he could ever know. Now, therefore, be it resolved that the Senate of the state of Texas, 82nd Legislature hereby recognize March 7th, 2011, as Randy Snow Day and pay tribute to the life and legacy of this remarkable Texan. And be it further resolved that when the Senate adjourns this day it do so in memory of Thomas Randall Snow by Deuell.

LT. GOVERNOR DAVID DEWHURST : Thank you, madam secretary. The chair recognizes Senator Deuell to explain the resolution.

SENATOR BOB DEUELL: Thank you, Mr. President. Members, I think just listening to the secretary read the resolution says it all but it is my pleasure to honor the life of an accomplished and inspirational Texan. Thomas Randall Snow was born in 1959 and was paralyzed at the age of 16. But that didn't stop him from becoming a worldwide advocate and source of inspiration for disabled athletes. Randy was a graduate of Terrell High School and the University of Texas where he established the school's first wheelchair basketball team. He went on to compete in wheelchair tennis, track, and basketball with an impressive record of success in all three sports. He was a 16 time U.S. open wheelchair champion between 1981 and 1993. He won gold medals in the 1992 summer Paralympic games and a bronze medal in the 1996 Atlanta games. Randy was inducted into the Texas Tennis Hall of Fame in 2001 and the National Spinal Cord Injury Hall of Fame in 2005. In addition he was the first Paralympian inducted into the United States Olympic Hall of Fame in 2004. But most importantly his achievements and optimisms have inspired countless Americans to not be defined by their limitations. It is an honor to have Randy's sister Molly Aiken and her husband Craig join us on the floor today. Members please help me welcome them to the Texas Senate as we honor this most remarkable Texan. Thank you, Mr. President. I move adoption of the resolution.

LT. GOVERNOR DAVID DEWHURST : Members you've heard the motion by Senator Deuell. All in favor please rise. It being unanimous the motion is adopted. Members, the president's desk is clear. The chair recognizes Senator Deuell to suspend rule 11.10 in order to remit -- committee members to meet at his desk upon adjournment to vote on *Dan Friedkin being appointed to parks and wildlife department. The chair recognizes Senator Deuell.

SENATOR BOB DEUELL: Thank you, Mr. President, members I move to suspend Senate Rule 11.10 so that the senate committee on nominations can meet at my desk told upon adjournment to vote on a parks and wildlife nominee that was on our posted agenda today.

LT. GOVERNOR DAVID DEWHURST : Members you've heard the motion by Senator Deuell. Is there objection from any member? The chair hears no objection from any member and the motion is adopted. The chair recognizes Senator Estes for an announcement.

SENATOR CRAIG ESTES: Thank you, Mr. President. Members, the Senate Committee on Agriculture and Rural Affairs we'll meet at 2:45 and we need a quorum of members to adopt rules and get going. So, we'll be in room E1.012. Thank you, Mr. President.

LT. GOVERNOR DAVID DEWHURST : Thank you, Senator Estes. The chair recognizes Senator Duncan for an announcement.

SENATOR ROBERT DUNCAN: Thank you, Mr. President. Members the committee on state affairs will meet on adjournment at my desk to vote on pending legislation. We heard several bills this morning and we will want to take a vote here at the desk immediately upon adjournment.

LT. GOVERNOR DAVID DEWHURST : Thank you, Senator Duncan. The chair recognizes Senator Shapiro for a motion to suspend the rules to takeup and consider Senate Bill 3.

SENATOR FLORENCE SHAPIRO: Thank you so much, Mr. President. I move to suspend the 24 hour posting rule pursuant to posting rules 11.10 and 11.18, so the senate committee on education can hear Senate Bill 3 by Shapiro in committee tomorrow at 8:00 a.m. in room E1028. Senate Bill 3 is relating to the flexibility of the board of trustees of a school district in the management and operation of public schools in the district. Otherwise known as the mandate/flexibility bill. Thank you, Mr. President.

LT. GOVERNOR DAVID DEWHURST : Excellent Senator Shapiro. Members, you've heard the motion by Senator Shapiro. Is there any objection from any member? Chair hears no objection from any member and the rules are suspended. The chair recognizes Senator Ogden for an announcement.

SENATOR STEVE OGDEN: Members, finance will reconvene at 3:20.

LT. GOVERNOR DAVID DEWHURST : All right. Senate finance reconvening at 3:20. Are there any additional announcements? Chair hears no other announcements. The chair recognizes the dean of the senate for a highly privileged motion.

DEAN OF THE SENATE: Thank you, Mr. President. I move that the senate adjourn until 11:00 a.m. Tuesday, March 8th in memory of Thomas Randall Snow.

LT. GOVERNOR DAVID DEWHURST : Members you've heard the motion by the dean, is there objection from any member? Chair hears no objection from any member and the Senate will stand adjourned until 11:00 o'clock tomorrow morning in honor of Mr. Snow. (Adjourned.)