Senate Transcript, May 3, 2011

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

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

LT. GOVERNOR DAVID DEWHURST: Thank you, Madam Secretary. Members, a quorum is present. Before we start the invocation, Chair recognizes Senator Duncan to introduce the pastor.

SENATOR ROBERT DUNCAN: Thank you, members. It's my great honor today to introduce our chaplain for the day Reverend Ron Brunson from New Covenant Church in Plainview, Texas. Reverend Brunson has led the congregation at New Covenant Church for the past 31 years. He's been happily married to Maryann Brunson for 41 years and they have four children. And, members, listen to this one you know very well around here in the Texas Senate. Blain Brunson. Ron and Maryann share a love for the rodeo. Maryann was a two time champion goat tyer for the Texas Tech rodeo team and Ron was a PRCA calf roper. I'll tell you at Texas Tech the rodeo team is a major deal and I'm very proud of that history here. Along with leading the congregation at New Covenant Church, Ron also leads a cowboy church once a month. Members, please join me in welcoming our chaplain for the day Ron Brunson.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Duncan. If everyone would rise on the floor and in the gallery this morning for the invocation to be delivered by Reverend Ron Brunson, New Covenant Church in Plainview.

PASTOR: It's my privilege to lead you in prayer this morning. I'd like to ask you to bow your heads together as we pray. Dear heavenly Father, thank You for this special day. Every one of Your days are special. Thank You for our great state. Thank You for every Senator here today. O God, give us wisdom to make the tough decisions of this day. Help us remember ours is only the first generation to be affected by the decisions made today. Jesus said, "Any house divided against itself cannot stand." Lord, though we may see issues differently, please don't let this house be divided. You have called us to a high standard of integrity and mature leadership for the good of Texas and its citizens. That demands that we find unity. Please help us resolve our different perspectives into workable solutions. We pray for Mr. Perry, our governor, and for Mr. Dewhurst as he gives oversight to the proceedings of this day. May You continue to sovereignly rule over Texas in peace and plenty. Forgive us for our sins and trespasses and help us to forgive also. Thank You again for all Your blessings. In Jesus' name I pray. Amen.

LT. GOVERNOR DAVID DEWHURST: Amen. Pastor, thank you. Ladies and gentlemen, please be seated. Pastor, thank you so much. I'd love to go roping with you and your wife some time. Members, Senator Whitmire moves to dispense with the reading of yesterday's journal. Is there objection from any member? The Chair hears no objection from any member, so ordered. The president signs in the presence of the Senate the following Senate bills.

PATSY SPAW: Senate Bill 785, Senate Bill 539 and Senate Bill 646.

LT. GOVERNOR DAVID DEWHURST: That's a lot of bills. Mr. Doorkeeper.

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

LT. GOVERNOR DAVID DEWHURST: We're not going to make him read every page. Admit the messenger.

MESSENGER: Mr. President, I'm directed by the House to inform the Senate that House has taken the following action: The House has passed the following measures HB397 by Gonzales.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Estes for an introduction.

SENATOR CRAIG ESTES: Thank you, Mr. President, if I may make two introductions. Members, I would like for you to meet a fellow that's standing behind the rail here and I've known this gentleman for 36 years and he was in my wedding, he is an environmental scientist from Dallas please welcome to the Senate chamber Steve Ogden. And I can tell you he is a warm and fuzzy Steve Ogden, no comment on the other one. Now, members, I'd like to introduce our doctor for the day if you'll come forward. Members, it's my honor to introduce doctor for the day from Bowie, Texas Dr. Max Latham and his wife Margin, and they've been with us before. Dr. Latham is graduated from the University of the Texas Southwestern Medical School in Dallas in 1963. Dr. Latham is president of the Texas Academy of Family Physicians and is also a current member of the Clay Montague County Medical Society. Please help me welcome Dr. and Ms. Latham to the Texas Senate.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Eltife for an introduction.

SENATOR KEVIN ELTIFE: Thank you, Mr. President, member. Members please help me welcome a group of 7th and 8th grade students from Carlisle Junior High located in the community of Price in Rusk County. These students are accompanied by their principal Russ Thompson and they're here to learn about the legislature and Texas history. If you would please stand and let us welcome them to the Texas Senate. Look at all those students here today. Thank you for being here. Thank you, members.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Eltife. When you have a chance could you approach the podium? The Chair lays out the following resolution. Senate Resolution 885 by Senator Ogden. Secretary will read the resolution. Senator Patrick is going to lay it out.

PATSY SPAW: Senate Resolution No. 885. WHEREAS, For the past year, the Texas Armed Services Scholarship Program has assisted a distinguished group of students in pursuing their college educations, and the cadets who are part of this initiative are to be congratulated for being chosen for this notable honor; and WHEREAS, The program provides financial aid to men and women who are seeking postsecondary education and who have committed to serving their state or country; in addition to encouraging individuals to devote themselves to military service, the Texas Armed Services Scholarships promote participation in Reserve Officers' Training Corps programs at the state's institutions of higher education; and WHEREAS, Recipients of the scholarships are appointed by the governor, lieutenant governor, and members of the Texas Senate and House of Representatives; each cadet is authorized to receive up to $15,000 annually through the Texas Higher Education Coordinating Board over four years of study; and WHEREAS, In order to qualify for the award, a student must enroll in a Reserve Officers' Training Corps program while in college and enter into an agreement to become a member of the Texas Army National Guard or the Texas Air Force National Guard for four years or to become a commissioned officer in any branch of the armed services of the United States; they must also meet a number of academic requirements while in high school, including maintaining a grade point average of 3.0 or higher, achieving a college-readiness score on the SAT or ACT, and ranking in the top one-third of their graduating class; and WHEREAS, These noteworthy young Texans have dedicated themselves to serving their fellow citizens while working toward their professional goals, and they may indeed look with anticipation and optimism toward the challenges and opportunities that lie ahead; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 82nd Legislature, hereby honor the cadets of the Texas Armed Services Scholarship Program and extend to them sincere best wishes for continued success; and, be it further RESOLVED, That a copy of this Resolution be prepared for the cadets as an expression of high regard from the Texas Senate. By Ogden.

SENATOR KEVIN ELTIFE: Senator Patrick is recognized.

SENATOR DAN PATRICK: Yes, members, I'm pleased to recognize our cadets in the north gallery which is just out of line of my sight here because my microphone cord won't stretch this long, cadets, but I'm just beneath you. Thank you for being here. I saw you walk in when we were in health and human earlier this morning. I want to recognize these fine young men and women. Cory Burnhard representing Senator Whitmire's district -- you may stand as I call your name. Joseph Quayar from Senator Van de Putte's district. Henry Louis from Senator Jackson's district. Mark Martinez from Senator Wentworth's district. Glendon Minor from Senator Seliger's district. From Senate district 7, my district, happy to have Elizabeth Murphy here. Joseph Pensick nominated by the cosponsor of the bill Senator Ogden. Jessie Rivera, Senator Estes. Heather Strickland, Senator Deuell's district. And Joanna Martinez attending St. Mary's University from Senator Uresti's district. Members, please help me welcome this distinguished group of cadets to the Senate today. Thank you for being here.

SENATOR KEVIN ELTIFE: Senator Van de Putte, you're recognized on the resolution.

SENATOR LETICIA VAN DE PUTTE: Thank you, Mr. President. Thank you very much, Senator Patrick. And I want to especially thank, although he's not here, Chairman Ogden. And I really wanted to speak about a very special young man. When we had the entire application process for this wonderful, wonderful scholarship, our Armed Services scholarship, I dared not lead that committee. So we had a process where we had leaders from our San Antonio community that looked through the 20 some odd different applications and I was so very pleased when that committee process came through and recommended that Joseph Quayar be sent the opportunity. I had the opportunity to go to John Jay High School. And Senator, we had an award ceremony where the ROTC program did the flag presentation of the colors and where Joseph was awarded his Armed Services scholarship. He's a member in high school of the National Honor Society and captain of the football team and of course in the ROTC at John Jay High School. Military runs in his blood. His father is a member of the U.S. Air Force and Joseph is well on his way to following. He graduated from John Jay last year in the school -- the Science and Engineering Academy and was, of course, in the top percent of his class. Now, as an Aggie, his dedication and hard work proves that you can accomplish anything that you put your mind to. I want to say thank you to the members of this legislature during last session which had the ability to fund the Texas Armed scholarship program and what that will mean for the continuing role of officers in our Armed Forces and with our Guard. And I want to congratulate especially a very special young man Joseph Quayar, congratulations, the best of luck and as an Aggie mom but UT grad I said today gig 'em.

SENATOR KEVIN ELTIFE: Thank you, Senator Van de Putte. Senator Gallegos, you're recognized on the resolution.

SENATOR MARIO GALLEGOS: Thank you, Mr. President. And, Senator Patrick, I did want to join you in this resolution but I did want to recognize one of my constituents, the proud and joy of my district, that's the new commandant of Texas A&M University, General Joe Ramirez, Jr., he's up here with these guys. Welcome. We welcome all of you, General.

SENATOR KEVIN ELTIFE: Senator Jackson, you're recognized on the resolution.

SENATOR MIKE JACKSON: Thank you, Mr. President, members. I too wanted to recognize one of my constituents out of Pearland. We got cadet Henry Allen Louis and Henry attended Pearland High School where he maintained a GPA that was very similar to the one I maintained all those years 3.855 and he ranks 67th in a class of 600 and he completed his Eagle Scout ranking during his junior year of high school, participated in Junior ROTC on all four of his years in high school and is now at A&M with the rest where he's in the Air Force ROTC. Members, it says something about discipline, says something about core values, says something about what we all stand for. And Henry, all the best to you and all of the cadets. You make us all proud and thank you for being here at your Texas Senate today.

SENATOR KEVIN ELTIFE: Thank you, Senator Jackson. Senator Patrick moves adoption of the resolution. Is there objection? Chair hears none, resolution is adopted. Chair lays out the following resolution. Secretary please read the resolution.

PATSY SPAW: Senate Resolution 886 declaring May of 2011 as Fight Arthritis Pain Month in Texas by Nichols, et al.

SENATOR KEVIN ELTIFE: Chair recognizes Senator Nichols on the resolution.

SENATOR ROBERT NICHOLS: Mr. President and members, May is Fight Arthritis Pain Month and I'm very proud to bring this resolution before you to celebrate the efforts of all those looking for better arthritis treatment and cure. As the number one cause of disability in the United States, arthritis affects more than 4 million Texans. While we often think of arthritis as something affecting only older citizens, it is a disease that knows no particular age. In the northwest corner of gallery stood a young woman from my district Ms. Charisma Louis. Charisma is an 8th grader from Kushing who was diagnosed with rheumatoid arthritis at the age five. Not letting this disease hold her back, Charisma has become a champion fundraiser for arthritis research. Charisma, thank you for joining us today. Please, I move adoption.

SENATOR KEVIN ELTIFE: Senator Nichols moves adoption of the resolution. Is there objection? Chair hears none, resolution is adopted. Thank you, Senator Nichols. Members, we have a memorial resolution. If you would take your seats. The Chair lays out the following resolution. Secretary would please read the resolution.

PATSY SPAW: Senate Resolution 810. WHEREAS, The Senate of the State of Texas honors and commemorates the life of Jean Moffett Dendy, whose days were cut short September 27, 2009; and WHEREAS, To know Jean was to love Jean, because love was her customary frame of mind; she loved working in the Texas Senate, and she loved the people with whom she worked, from the passionate young people she trained to the grizzled veterans who knew she would tell them the unvarnished truth; and WHEREAS, Jean Dendy was born three days after Christmas, and she carried with her throughout her life a sense of that season's possibilities as well as its good cheer; always quick with a smile or a laugh, she was the glue that held an office together, even on those difficult days that come to pass in every legislative session; and WHEREAS, Her family in the office of Senator Davis will forever cherish the memories of carpooling to the district, of shared dinners and tours of the Capitol, of her ignoring them while she jammed to the music on her headphones, and of her excitement at finally, finally, getting her own office after 17 years; and WHEREAS, Jean Dendy left a legacy of service and warm collegiality in the halls of the Texas Capitol; providing her invaluable assistance in several offices, she worked for Senator Mongeries for 12 years and for Senator Ellis for six years before bringing her experience and enthusiasm to the office of Senator Davis; and WHEREAS, Even more than her life at the Senate, Jean treasured her family above all else; her husband, Henry, her sons, Patrick and Andrew, and her extended family all will remember her for her warmth, her abiding devotion, and her valued counsel; and WHEREAS, A woman of courage, strength, faith, and compassion, she gave unselfishly to all those who were privileged to share in her life, and she will long be remembered with affection and admiration for her generous spirit and her many accomplishments; now, therefore, be it RESOLVED, That the Senate of the State of Texas hereby extend sincere condolences to the grieving family of Jean Moffett Dendy; and, be it further RESOLVED, That a copy of this Resolution be prepared for her family as an expression of profound sympathy from the Texas Senate. By Davis and Ellis.

SENATOR KEVIN ELTIFE: The Chair recognizes Senator Davis on the resolution.

SENATOR WENDY DAVIS: Thank you, Mr. President. And thank you to our secretary of the Senate. I know that we all understand how rare it is for our secretary that we all respect so much to show emotion as she's reading these resolutions because she's the consummate professional of course not because she doesn't have feelings. But when we talk about Jean Dendy, it's just really hard not to talk about her with a profound since of sadness because losing her was profoundly, profoundly sad. Jean came to my office by way of a tremendous gift from Senator Ellis. Right after I was elected Senator Ellis called and said, you know, I have someone for you. I really think she'd be a good fit in your freshman office, she's a seasoned veteran and I think she could really do a good job for you. Well, first of all I didn't know Senator Ellis from Adam. Second of all I didn't know Jean Dendy and I thought to myself after I hung up the phone, is Senator Ellis trying to pawn off a difficult employee on me? But he was sincere in giving me someone who he knew would provide guidance to us and Jean did. She provided tremendous strength in our office. She was incredibly bright, very firm, didn't let our young staffers get away with anything but incredibly loving as well. I'm sure that her family appreciates this much more than even we do. She had that balance, that perfect balance of being able to be tough and loving at the same time. When our young staffers would utter a foul word, a curse word Jean was quick to scold and we've teased that we need to set up a Jean Dendy jar all over the Capitol, that we should all pay into when our frustrations get the better of us here. Jean was the heart of our office, and our office truly has not been the same since she unexpectedly passed. I so wish that she was here during this difficult session because we need her strength and I know you all as her family need her strength as well. Joining us today on the floor are Jean's husband Henry, her son Andrew, her son Patrick was not able to join us today because he's expecting twins. Two girls, Jean would have absolutely loved that. Jean's sister Sharon who my office knows well because every day Jean and Sharon had to check in with each other, Jean's sister Joe Carol Moffitt and her brother Hollis. It's with deepest sadness that we remember Jean today but we want you all to know what a treasure she was, what a contribution she made to my office, to Senator Ellis' office, to Senator Moncrief's office and to the thousands of constituents over her many years of service that she helped to create a difference for, that was Jean. We love her and we will miss her always and we join you in this day in respect and admiration for all she gave to you and all she gave to us. Thank you.

SENATOR KEVIN ELTIFE: Thank you, Senator Davis. Senator Ellis, you're recognized on the resolution.

SENATOR RODNEY ELLIS: Thank you, Mr. President. I rise to speak in support of the resolution as well. You know, Patsy, rarely do I get a little teary eyed and I was trying to think of something to lighten the moment and I was thinking if Jean -- if I see her on the other side and if she knows that I was getting little teary eyed, she'd say, Senator Ellis, I cry every time you ask me to do something else after I've already told you I've done it right the first time. In addition to Jean's family members who are on the floor and the north gallery, we also have Harry Thomas Moffitt her brother, Lee Thomas Moffitt, her sister-in-law and Daniel Gonzales, Andrew's girlfriend and I'm so glad that they're here as well. I remember very clearly, Senator Davis, when I called you and suggested that you consider hiring Jean and one comment I made was people think that, you know, I invented a few tricks around this place but the truth of the matter is Jean would implement them and from time to time tell me, now, Senator Ellis, you know you're wrong but if it works it sure may do something to help a few people. This resolution, members, is to honor Jean obviously but it's also a resolution to say thank you to her family for sharing her for so many years around this Capitol and it's also a resolution, Senator Davis, to thank all of our staff members for the time that they put into this. This is truly a labor of us in the Senate, we appreciate our $600 a month. But it's also a labor of love for all of the folks who work here and decide to make it a career to stay here and do something else. We appreciate the sacrifice that this family made, those on the floor and those who are in the gallery, I think in a lot of ways the 32 of us who hold elective office over on this side of the rotunda get all of the fame and glory but it is truly because of the folks like Jean Dendy who are the winds beneath our wings that make this place so special. So I hope all members will support in resolution.

SENATOR KEVIN ELTIFE: Thank you, Senator Ellis. Senator Davis moves adoption of the resolution. Would all those in favor of the resolution please rise? The resolution is adopted. Members, the following is a memorial resolution. The Chair lays out the following resolution. Secretary please read the resolution.

PATSY SPAW: Senate Resolution 850 in memory of the life of Jimmy Dean who died June 13th, 2010, at the age of 81. By Duncan.

SENATOR KEVIN ELTIFE: The Chair recognizes Senator Duncan on the resolution.

SENATOR ROBERT DUNCAN: Thank you, Mr. President and members. Today we honor the life of a great Texan Jimmy Dean. Jimmy was a man of honor, strength and determination who will long be remembered as a great musician, actor, and entrepreneur, he left an amazing legacy and had a tremendous impact on west Texas culture. He was born in Plainview, Texas on August the 10th, 1928, and during his childhood despite his poverished family, he learned to play the harmonica, and the accordion. After the 9th grade he dropped out of school to join the United States Merchant Marines where he spent two years before enlisting in the United States Air Force. He began his musical career with the Air Force by sitting in for a fiddler at a local bar. Like many of our famous west Texas musicians they started at the bottom and worked their way up. By the early 50s he became the front man for the Texas Wildcats playing on the radio at state fairs. His first hit song was in 1953, Senator Jackson, Senator Estes, I know that's a special year for us and then in 1961, this is probably one of the first songs I think I ever remember singing and hearing and stuck in my mind as a kid was Big Bad John. One of his most popular hits which stayed at No. 1 for five weeks on thing Billboard charts. His television career started in 1963 when he hosted a variety show on the ABC television network until 1956. He also appeared in several television series and films including James Bond -- the James Bond thriller Diamonds Are Forever. Jimmy was the first country star to play on the Vegas Strip and was the fist guest host on the Tonight Show. He later recorded several more hits including PT109, Sam Hill and IOU. He later became as an entrepreneur, he started a sausage company and many of you have probably had some of that sausage. In 1969 he created the Jimmy Dean Meat Company in Plainview, Texas where for three decades he severed as a spokesman on television representing the product of his Texas charm. In 2010 he was inducted in the Country Music Hall of Fame and unfortunately for us he passed away at the age of 81 on June 13th, 2010. His wife says that even though they resided in I think Virginia at the time of his death that everywhere he went he told everyone he was proud to be a Texan and he was proud to be from Plainview, Texas. So we're proud to honor him today as a great Texan and someone who gave us something to remember. He -- on the floor today many of you are familiar with Raffle Wayne. Raffle is a former member of the Texas House and former chairman of the Texas Ethics Commission and former president of the Texas Civil Justice League. He was one of Jimmy's closest friends. Gren Ingham is also here representing the city of Plainview. Greg is the city manager of Plainview which Jimmy Dean always called his hometown. Members, join me in honoring a great Texan Jimmy Dean.

SENATOR KEVIN ELTIFE: Thank you, Senator Duncan. Senator Williams, you're recognized on the resolution.

SENATOR TOMMY WILLIAMS: Thank you, Senator Duncan. I wanted to thank you for bringing this resolution to the floor of the Senate. I remember Big Bad John as one of the first songs that I remember from my childhood and but the thing that stands out in my mind the most about Jimmy Dean is the first time I grew up in Marshal, up in northeast Texas, the first time I went to the Houston livestock show and rodeo and Jimmy Dean was the star performer and he rode around the arena on his Palomino horse and I thought that was about the finest thing I had ever seen. And there were more people in attendance to that performance than lived in my hometown, quite a few more. And it made a big impression on me and he was that kind of guy. He left a big impression on everybody he came across and usually he came across as their friend. So thank you for bringing this to the Senate today.

SENATOR KEVIN ELTIFE: Thank you, Senator Williams. Members, Senator Duncan moves adoption of the resolution. Would all those in favor of the resolution please rise? Resolution is adopted. Chair lays out following resolution. Secretary please read the resolution.

PATSY SPAW: Senate Resolution 896 recognizing the University of Texas Community Outreach program. By Lucio, Hinojosa, Jackson and Zaffirini.

SENATOR KEVIN ELTIFE: The Chair recognizes Senator Lucio on the resolution.

SENATOR EDDIE LUCIO: Thank you, Mr. President and members. The University of Texas Community Outreach program or UTCO for short is one of the great success stories in the state's fight to prevent and control diabetes. UTCO serves Cameron County in the southern most tip of Texas in my district but also a number of other counties around Texas, as my fellow colleagues will elaborate on in just a few moments. UTCO employs community workers to educate people about nutrition and exercise. Since September 2009 nearly 40,000 people have been reached through this program. I now yield to my colleague Senator Zaffirini to speak on the resolution.

SENATOR KEVIN ELTIFE: Senator Zaffirini, you're recognized on the resolution.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. Mr. President and members, it is my pleasure to join Senator Lucio as a coauthor of his important resolution honoring the University of Texas Community Outreach program. Members, the issues of diabetes prevention is so important to all of us. Twenty-four Texas counties have diabetes mortality rates that are significantly higher than the state rate. Of those 24, seven are in my district. As Chair of the Senate higher education committee, a member of the health and human services committee, and as the Senator for Webb County, I'm proud of the important work the University of Texas Community Outreach has done to fight diabetes in Texas, especially by focusing on prevention. Because of the legislature's work, more south Texans will love longer, happier, healthier life. Some of my constituents from Webb County are with the delegation in the west gallery and it's my honor to welcome them to the Texas Senate. Will the members of the Webb County delegation please rise and be welcomed to the Texas Senate. Thank you, Mr. President and members. Thank you, Senator Lucio.

SENATOR KEVIN ELTIFE: Thank you, Senator Zaffirini. Senator Lucio.

SENATOR EDDIE LUCIO: Thank you. Members, I want to finish by saying that we have compelling evidence that points to the effectiveness of the UTCO community workers. In Brownsville only 40 percent of at risk people surveyed got enough exercise needed to keep diabetes at bay. However, the figures rose to 60 percent after people have been reached through a UTCO community worker. This makes the UTCO program wildly successful from a fiscal point of view. It cost around $12,000 a year to treat someone with diabetes. However the UTCO program only cost $21.50 per year -- per at risk individual. This proves the old adage that sometimes you have to spend money to save it. This may be especially true when it comes to reverse in the obesity epidemic that is becoming frighteningly prevalent in Texas. UTCO is a great investment in Texas that will reap rewards in the future. Members, let us join in welcoming one more time this outstanding program and thank those that are here responsible for their tremendous work to help make Texas a healthier place. Thank you.

SENATOR KEVIN ELTIFE: Thank you. Senator Lucio moves adoption of the resolution. Is there objection? Chair hears none, resolution is adopted. Thank you, Senator Lucio. Thank you, Senator Zaffirini. Members, this is our last resolution and it is a memorial resolution. The Chair lays out the following resolution. Secretary would please read the resolution.

PATSY SPAW: Senate Resolution 330. WHEREAS, The Senate of the State of Texas honors and commemorates the life of Jaime Jorge Zapata, who died February 15, 2011, at the age of 32 while serving his country as a special agent for United States Immigration and Customs Enforcement; and WHEREAS, Jaime Jorge Zapata was born May 7, 1978, in Brownsville to Amador Zapata, Jr., and Mary Zapata-MuÒoz; he graduated from The University of Texas at Brownsville in 2005; and WHEREAS, Mr. Zapata joined United States Immigration and Customs Enforcement in 2006 and served with honor and distinction over the course of his career; he was a member of the Human Smuggling and Trafficking Unit and the Border Enforcement Security Task Force; and WHEREAS, A young man of courage, strength, and compassion, he gave unselfishly to others, and his patriotism, his dedication to duty, and his commitment to doing the right thing will not be forgotten by those who knew him; and WHEREAS, He was a loving son and brother, and he leaves behind memories that will be treasured forever by his family and countless friends; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 82nd Legislature, hereby extend sincere condolences to the bereaved family of Jaime Jorge Zapata: his parents, Amador Zapata, Jr., and Mary Zapata-MuÒoz; his fiancÈe, Stacye Joyner; and his brothers, Amador Zapata III, Carlos Zapata, Jose Zapata, and Erick Zapata; and, be it further RESOLVED, That a copy of this Resolution be prepared for his family as an expression of deepest sympathy from the Texas Senate, and that when the Senate adjourns this day, it do so in memory of Jaime Jorge Zapata. By Lucio.

SENATOR KEVIN ELTIFE: The Chair recognizes Senator Lucio on the resolution.

SENATOR EDDIE LUCIO: Thank you, Mr. President. Members, I am joined today by Representative Rene Oliveira and Representative Eddie Lucio III as we honor the life and work of one of Brownsville's finest, Jaime Jorge Zapata. Jaime was both a product and a leader of his community. He was a fine example to the young people of my district. He was born in Brownsville, educated at The University of Texas at Brownsville, and served his country from Brownsville. A special agent with United States Immigration and Customs Enforcement, his work was part of the drive to end human trafficking. He died trying to keep our borders safe. In February, he was traveling through the Mexican state of San Luis Potosi with fellow agent Victor Avila when their car was ambushed by criminal gang members. Mr. Avila, his companion, was wounded. Tragically, Jaime died from his wounds. They were coming home from Mexico City where they had been working with an ICE attachÈ office. Jaime Zapata was a soldier in the war on drugs. He was working to help our neighbors to the south and to make the world a better place for all of us. He is also one of over 100 Americans who have lost their lives in Mexico over the last year, as gang-fueled violence continues to wreck that country. He will be remembered as a young, patriotic man of courage, a true American who was loved by his friends and family, one who lost his life in the service of his fellow man. We are joined today, members, on the floor by Jaime's parents, Amador and Mary Zapata, and his brother, William. His uncle, Joe MuÒoz, joins us in the gallery. Jaime Zapata is missed by many in his hometown. Recently, the Brownsville City Commission voted to name a portion of Coffee Port Road, where his family lives, after him. There is the measure of the high esteem held for him by his community. He is gone, but he will never be forgotten. His memory and especially his example will live on. I would hope that our country, our state and our country could come together and continue to pray for the men and women in uniform of military and those that represent our federal state and local units law enforcement offices. But right now the pain is still raw, the loss is felt deeply, the community remains heartbroken. Today, members, when we adjourn, I would ask that each one of you here say a prayer on behalf of Jaime Zapata and his family. And I would be remiss if I didn't thank each and every one of you because we have talked about this incident, each one of us, and I appreciate all the condolences and all the good wishes for the family that have come from each and every one of you. And I want to relate that to the family here today. With that, Mr. President, we move adoption of Senate Resolution 330.

SENATOR KEVIN ELTIFE: Thank you, Senator Lucio. Senator Estes, you're recognized on the resolution.

SENATOR CRAIG ESTES: Thank you, Mr. President and members, I would like to move that Senator Lucio's comments be reduced to writing and put in the journal.

SENATOR KEVIN ELTIFE: Members, you heard the motion by Senator Estes, is there any objection? Chair hears none, so ordered. Senator Lucio moves adoption of the resolution. Would all those in favor of the resolution please rise? Resolution is adopted. Senator Patrick, you're recognized.

SENATOR DAN PATRICK: I would request that all members' names be added to the resolution.

SENATOR KEVIN ELTIFE: Members, you heard the motion by Senator Patrick, is there objection? Chair hears none, so ordered. Thank you, Senator Patrick. The Chair recognizes Senator Deuell for an announcement.

SENATOR BOB 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 May 2nd meeting.

SENATOR KEVIN ELTIFE: Thank you, Senator Deuell. The following message from the governor. Secretary please read the message.

PATSY SPAW: To the Senate of the 82nd legislature regular session: I ask the advice, consent and confirmation of the Senate with respect to the following appointments: To be members of the Texas State Board of Social Worker Examiners: Theresa "Terry" Argumaniz-Gomez, El Paso; Nancy Ann Pearson, Burton; Denise D. Pratt, Baytown. To be members of the Real Estate Research Advisory Committee: Mario A. Arriaga, Spring; Russell Cane, Portlevaca; Jacqueline K. Hawkins, Austin. To be members of the State Board for Educator Certification: Catherine Everest, Arlington; L. Curtis Caldwell, Garland, Suzanne McCall, Lubbock; Christine "Christie" Pogue, Buda. To be members of the Rio Grande River Authority: Wayne Halbert, San Bonito; Paul Heller, Mission; Brian Macmanus, Harlingen; Samuel Bobbie Sparks, Jr., Harlingen; Roel Roy Rodriguez, McAllen. To be members of the State Board of Dental Examiners: Ann J. Pauli, El Paso; Renee S. Cornett, Austin; D. Bradley Dean, Frisco; Tamela L. Gough, McKinney; Christy McAdams Leedy, Abilene; Evangelia "Lia" Mote, Cedar Parks; John C. Dean the III, Houston. To be members of the Texas Chiropractic Board of Examiners: Karen M. Campion, Bryan; Timothy McCullough, Friendwood; Kenya S. Woodruff, Dallas. Respectfully submitted, Rick Perry, governor of Texas. To nominations.

SENATOR KEVIN ELTIFE: Members, if there are no objections, I would like to postpone the reading and referral of bills until the end of today's session. Is there objection? The Chair hears none, the reading and referral is postponed. Members, that concludes the morning call. Senator Jackson is recognized for a motion to suspend the regular order of business of Committee Substitute SB1070.

SENATOR MIKE JACKSON: Thank you, Mr. President and members. This Committee Substitute for Senate Bill 1070 makes one change on the permit advisory committee on pollution control technology tax exemptions, and this is a committee that was set up as part of the TCEQ to ensure that the capital expenditures undertaken to comply with environmental rules that do not increase the facility's property taxes. The purpose of it is to ensure that a representative from a school district or junior college has a place on the board and it is not my intent to increase the number of members on the committee but simply make sure that school districts are represented on that committee. And if there are no questions I'd move to suspend the Senate's regular order of business to take up and consider Committee Substitute for Senate Bill 1070.

SENATOR KEVIN ELTIFE: Senator Jackson moves suspension of the regular order of business to take up and consider Committee Substitute SB1070. Is there objection? Chair hears none, the rules are suspended. The Chair lays out on second reading Committee Substitute SB1070. The secretary will read the caption.

PATSY SPAW: Committee substitute Senate Bill 1070 relating to the composition of the permanent advisory committee to advise TCEQ on certain matters.

SENATOR KEVIN ELTIFE: Senator Jackson is recognized for a motion.

SENATOR MIKE JACKSON: I move passage to engrossment.

SENATOR KEVIN ELTIFE: Senator Jackson now moves passage to engrossment. Is there objection? The Chair hears none, Committee Substitute SB1070 is now passed to engrossment. Senator Jackson is now recognized for a motion to suspend the constitutional three day rule.

SENATOR MIKE JACKSON: So moved.

SENATOR KEVIN ELTIFE: 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 KEVIN ELTIFE: 30 ayes, one nay, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute SB1070. The secretary will read the caption.

PATSY SPAW: Committee substitute SB1070 relating to composition of the permanent advisory committee to advise the Texas Commission on Environmental Quality on certain matters.

SENATOR KEVIN ELTIFE: Senator Jackson is recognized for a motion.

SENATOR MIKE JACKSON: I move final passage of Committee Substitute to Senate Bill 1070, Mr. President.

SENATOR KEVIN ELTIFE: Senator Jackson now moves final passage of Committee Substitute SB1070. 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 KEVIN ELTIFE: 31 ayes, zero nays, Committee Substitute SB1070 is finally passed. Congratulations, Senator Jackson.

SENATOR MIKE JACKSON: Thank you, Mr. President and members.

SENATOR KEVIN ELTIFE: Senator Nichols is recognized for a motion to suspend the regular order of business on SB1899.

SENATOR ROBERT NICHOLS: Thank you, Mr. President. I move to suspend the Senate's regular order of business to take up and consider Senate Bill 1899. Members, this is a local bill. Lakeview management development district in Henderson County was created in the 78th legislative session. The district encompasses about 550 acres of undeveloped land and unincorporated area of Henderson County. It is not located in the ETJ of any municipality. Senate Bill 1899 would simply amend the existing legislation to allow compensation to members of the management district's board of directors. This compensation would be limited to no more than $150 for day that each director spends performing duties with a yearly amount not to exceed $7,072. With that I move suspension of the Senate's regular order of business.

SENATOR KEVIN ELTIFE: Senator Nichols moves suspension of the regular order of business to take up and consider SB1899. Is there objection? Chair hears none, rules are suspended. The Chair lays out on second reading SB1899. The secretary will please read the caption.

PATSY SPAW: Senate Bill 1899 relating to compensation for services and reimbursement for certain expenses of member board of directors of Lakeview management development district.

SENATOR KEVIN ELTIFE: Senator Nichols is recognized for a motion.

SENATOR ROBERT NICHOLS: Mr. President and members, I move passage of SB1899 1899 to engrossment.

SENATOR KEVIN ELTIFE: Senator Nichols now moves passage to engrossment. Is there objection? Chair hears none, SB1899 is passed to engrossment. Senator Nichols now recognized for a motion to suspend the constitutional three day rule.

SENATOR ROBERT NICHOLS: Mr. President and members, I move to suspend the constitutional rule that bills be heard on three separate days.

SENATOR KEVIN ELTIFE: 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 KEVIN ELTIFE: 30 ayes, one nay, the rule is suspended. The Chair lays out on third reading and final passage SB1899. The secretary will read the caption.

PATSY SPAW: Senate Bill 1899 relating to compensation for services for directors of Lakeview management and development district.

SENATOR KEVIN ELTIFE: Senator Nichols is recognized for a motion.

SENATOR ROBERT NICHOLS: Mr. President and members, I move final passage.

SENATOR KEVIN ELTIFE: Senator Nichols now moves final passage of SB1899. 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 KEVIN ELTIFE: 31 ayes, no nays SB1899 is finally passed. Congratulations, Senator Nichols.

SENATOR ROBERT NICHOLS: Thank you, Mr. President and members.

SENATOR KEVIN ELTIFE: Senator Patrick is recognized for a motion to suspend the regular order of business on Committee Substitute House Bill 15.

SENATOR DAN PATRICK: Yes, Mr. President, I do have one amendment that I would like to distribute before we go to final passage which I have reviewed with Senator Uresti who is supportive and Senator Davis. This is simply a conforming correction to Senator Davis' amendment which I accepted yesterday.

SENATOR KEVIN ELTIFE: The amendment is being distributed. Thank you, Senator Patrick. Senator Davis, for what purpose?

SENATOR WENDY DAVIS: To ask the author of the amendment a question.

SENATOR KEVIN ELTIFE: Senator Patrick yield?

SENATOR DAN PATRICK: Sure.

SENATOR WENDY DAVIS: Senator Patrick, I just want to clarify what your clarification of this amendment does. Yesterday you accepted an amendment that for purposes of determining the 100-mile distance if a facility was not in the routine practice of performing an abortion, even if they had performed one there before, that wouldn't count. Otherwise women who lived close to surgical centers or hospital emergency rooms who may have at some point in time performed an abortion would still be constrained by the 24 hour rule and they wouldn't really qualify for that 100-mile exemption. So yesterday you accepted an amendment in that regard. For clarifying purposes you are making sure that we only meant to exempt those facilities for which that really is a rare occurrence but if the facility has performed 50 or more abortion procedures in a year, than they wouldn't be exempted and I --

SENATOR DAN PATRICK: Right. Yes, because your amendment was a good amendment and clarified what our intent was and all this does is say a surgical center that's not under 245, for example, that's in 243, does 50 or more abortions a year, like most 245 providers they would not be exempt from that. You're absolutely correct. Thank you.

SENATOR WENDY DAVIS: All right. Just wanted that clarification. Thank you, Senator Patrick.

SENATOR KEVIN ELTIFE: Thank you, Senator Davis.

SENATOR DAN PATRICK: I move passage.

SENATOR KEVIN ELTIFE: Senator Patrick now moves suspension of the regular order of business to take up and consider Committee Substitute House Bill 15.

SENATOR DAN PATRICK: Mr. President, I don't think we adopted the amendment.

SENATOR KEVIN ELTIFE: We have to move to suspend first, Senator Patrick. At this time Senator Patrick moves suspension of the regular order of business to take up and consider Committee Substitute House Bill 15. 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 KEVIN ELTIFE: 21 ayes, ten nays, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute House Bill 15. The secretary will read the caption.

PATSY SPAW: Committee Substitute House Bill 15 relating to informed consent to an abortion.

SENATOR KEVIN ELTIFE: Floor amendment No. 1 by Patrick. Members, this is the amendment that's already been handed out to you. Senator Patrick to explain the amendment.

SENATOR DAN PATRICK: As Senator Davis and I discussed, this simply says if an abortion provider that's not under 245 has more than 50 abortions a year they would not be exempted. Move final passage on amendment No. 1.

SENATOR KEVIN ELTIFE: Members, Senator Patrick moves adoption of floor amendment No. 1. Is there objection? Chair hears none, floor amendment No. 1 is adopted. Senator Patrick is recognized for a motion.

SENATOR DAN PATRICK: I now move final passage on Committee Substitute to House Bill 15.

SENATOR KEVIN ELTIFE: Senator Patrick moves final passage of Committee Substitute House Bill as amended. 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 KEVIN ELTIFE: There being 21 ayes and ten nays Committee Substitute House Bill 15 as amended is finally passed. Congratulations, Senator Patrick.

SENATOR DAN PATRICK: Thank you, Mr. President. Thank you, members.

SENATOR KEVIN ELTIFE: Senator Harris is now recognized for a motion to suspend the regular order of business on Committee Substitute House Bill 984.

SENATOR CHRIS HARRIS: Thank you, Mr. President. I move that we suspend all necessary rules to take up and consider House Bill 984. This makes it to where municipal courts in one town to a neighboring town can be grouped together into a single court system to help reduce the cost of municipal courts. I move suspension.

SENATOR KEVIN ELTIFE: Senator Harris moves suspension of the regular order of business to take up and consider Committee Substitute House Bill 984. Is there objection? Chair hears none, the rules are suspended. The Chair lays out on second reading Committee Substitute House Bill 984. The secretary will read the caption.

PATSY SPAW: Committee Substitute House Bill 984 relating to agreements between neighboring municipalities regarding municipal court jurisdictions.

SENATOR KEVIN ELTIFE: Senator Harris is now recognized for a motion.

SENATOR CHRIS HARRIS: Make motion to third reading.

SENATOR KEVIN ELTIFE: Senator Harris now moves passage to third reading. Is there objection? Chair hears none, Committee Substitute House Bill 984 is passed to third reading. Senator Harris is now recognized for a motion to suspend the constitutional three day rule.

SENATOR CHRIS HARRIS: Move to suspend the three day rule.

SENATOR KEVIN ELTIFE: 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 KEVIN ELTIFE: 30 ayes, one nay, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute House Bill 984. The secretary will read the caption.

PATSY SPAW: Committee Substitute House Bill 984 relating to agreements between neighboring municipalities regarding municipal court jurisdiction.

SENATOR KEVIN ELTIFE: Senator Harris is recognized for a motion.

SENATOR CHRIS HARRIS: Move final passage.

SENATOR KEVIN ELTIFE: Senator Harris now moves final passage of Committee Substitute House Bill 984. 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 KEVIN ELTIFE: 31 ayes, zero nays, Committee Substitute House Bill 984 is finally passed. Congratulations, Senator Harris. Senator Estes is recognized for a motion to suspend the regular order of business on SB1231.

SENATOR CRAIG ESTES: Thank you, Mr. President and members. Senate Bill 1231 is a modernization and clean up bill that proposes changes to how the secretary of state implements the Health Spa Act and it streamlines some regulations and it updates some provisions and we can go into it in detail, but I'd like to move to suspend the Senate's regular order of business to take up and consider SB1231 at this time.

SENATOR KEVIN ELTIFE: Senator Estes moves suspension of the regular order of business to take up and consider SB1231. Is there objection? Chair hears none, rules are suspended. The Chair lays out on second reading SB1231. The secretary will read the caption.

PATSY SPAW: SB1231 relating to the regulation of health spas by the secretary of state.

SENATOR KEVIN ELTIFE: Senator Estes is recognized for a motion.

SENATOR CRAIG ESTES: Mr. President, I move passage to engrossment of Senate Bill 1231.

SENATOR KEVIN ELTIFE: Senator Estes now moves passage to engrossment of SB1231. Is there objection? Chair hears none, SB1231 is passed to engrossment. Senator Estes is now recognized for a motion to suspend the constitutional three day rule.

SENATOR CRAIG ESTES: So moved, Mr. President.

SENATOR KEVIN ELTIFE: 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 KEVIN ELTIFE: 30 ayes, one nay, the rule is suspended. The Chair lays out on third reading and final passage SB1231. The secretary will read the caption.

PATSY SPAW: SB1231 relating to regulation of healths spas by the secretary of state.

SENATOR KEVIN ELTIFE: Senator Estes is recognized for a motion.

SENATOR CRAIG ESTES: Mr. President, I move final passage of Senate Bill 1231.

SENATOR KEVIN ELTIFE: Senator Estes now moves final passage of SB1231. 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 KEVIN ELTIFE: 31 ayes, zero nays, SB1231 is finally passed. Congratulations, Senator Estes.

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

SENATOR KEVIN ELTIFE: Senator Zaffirini is recognized for a motion to suspend the regular order of business Committee Substitute SB63.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. Mr. President and members, I move to suspend the Senate's regular order of business in order to take up and consider at this time the Committee Substitute for Senate Bill 63 relating to the creation of the individual development account program to provide savings, incentives and opportunities for eligible persons to pursue home ownership, postsecondary education and business development. Generally, members, the bill would authorize the Department of Family and Protective Services to develop a statewide network program for foster children who are at least 15 years of age and younger than 23. It would require the program to be administered by sponsoring organizations for low income persons who have demonstrated a capacity to administer IDAs and a commitment to serve areas of Texas that do not have these programs. It would require each sponsoring organization to pay matching funds to a service provide where a participant makes a qualified withdrawal. Mr. President, I move suspension.

SENATOR KEVIN ELTIFE: Senator Zaffirini moves suspension of the regular order of business to take up and consider SB63. Is there objection? Chair hears none, the rules are suspended. The Chair lays out on second reading Committee Substitute SB63. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB63 relating to creation of the individual development account program to provide saving incentives for certain foster children.

SENATOR KEVIN ELTIFE: Senator Zaffirini is recognized for a motion.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. Chair -- Mr. President. I move passage to engrossment.

SENATOR KEVIN ELTIFE: Senator Zaffirini now moves passage to engrossment. Is there objection? Chair hears none, Committee Substitute SB63 is passed to engrossment. Senator Zaffirini is now recognized for a motion to suspend the constitutional three day rule.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. I move to suspend the constitutional rule that bills be read on three several days.

SENATOR KEVIN ELTIFE: 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 KEVIN ELTIFE: 29 ayes, one nay, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute SB63. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 63 relating to the creation of an individual development account program to provide savings incentives for certain foster care children.

SENATOR KEVIN ELTIFE: Senator Zaffrini is recognized for a motion.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. I move final passage.

SENATOR KEVIN ELTIFE: Senator Zaffirini now moves final passage of Committee Substitute SB63. 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 KEVIN ELTIFE: 30 ayes, zero nays, Committee Substitute SB63 is finally passed. Congratulations, Senator Zaffirini.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President and members.

SENATOR KEVIN ELTIFE: Senator Nichols is recognized for a motion to suspend the regular order of business on House Bill 1808.

SENATOR ROBERT NICHOLS: Thank you, Mr. President. I move to suspend the Senate's regular order of business to take up and consider House Bill 1808. Members, this is the Soil and Water Conservation sunset bill. The Texas State Soil and Water Conservation Board works directly with owners and operates of agricultural land to develop and implement conservation plans involving land treatment measures for erosion control, water quantity, water quality, purposes. To achieve its mission, the state board provides technical assistance to 16 local soil and water conversation districts, serves as the lead state agency for the prevention, management and abatement of agricultural and forestry related nonpoint source solution and administers grant program for the maintenance and repair of flood control dams, water supply enhancement, development of water quality management plans and management and abatement of agricultural nonpoint source pollution. All the state board's programs and services are voluntary in nature and the agency performs no enforcement functions. State board is subject to the Sunset Act and will be abolished on September 21, 2011, unless continued by the legislature. Sunset review found that the agency continues to be needed but lacks processes and systems to ensure that its programs are effective and accountable to the state. This bill requires the state board to establish specific program goals and statewide grant practices and measure results of state funded grant programs. It clarifies the focus of the water supply enhancement program by changing the name of the program from the brush control program and state its purpose as water supply enhancement. It requires a state board to develop a system to rank and prioritize water supply enhancement program based on water conservation need and water yield. It requires the state board to rank and prioritize the following based on need for water conservation, a potential water yield and clarifies terminology to reflect ranking process for watershed projects across the state, areas or subbasins within the watershed and individual cost share applications within the area of subbasin. It specifies criteria for project prioritization including project water yield model and a feasibility study. It requires the state board to require follow up state board inspections to determine if landowners maintain their land and brush is removed. It continues the state board for 12 years and requires a special purpose review of the state board's implementations to the sunset's recommendations of four years. I move suspension of the Senate's regular of business.

SENATOR KEVIN ELTIFE: Senator Nichols moves suspension of the regular order of business to take up and consider House Bill 1808. Is there objection? Chair hears none, rules are suspended. Chair lays out on second reading House Bill 1808. The secretary will read the caption.

PATSY SPAW: House Bill 1808 relating to the continuation and functions of the state soil and water conversation board.

SENATOR KEVIN ELTIFE: Senator Nichols is recognized for a motion.

SENATOR ROBERT NICHOLS: Mr. President and members, I move passage of the House Bill 1808 to engrossment.

SENATOR KEVIN ELTIFE: Senator Nichols moves passage of House Bill 1808 to third reading. Is there objection? Chair hears none, HB1808 is passed to third reading. Senator Nichols is recognized to suspend the constitutional three day rule.

SENATOR ROBERT NICHOLS: Mr. President, members, I move to suspend the constitutional rule that bills be heard on three several days.

SENATOR KEVIN ELTIFE: 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 KEVIN ELTIFE: 30 ayes, one nay, the rule is suspended. The Chair lays out on third reading and final passage HB1808. The secretary will read the caption.

PATSY SPAW: House Bill 1808 relating to continuation of function of the state soil and water conversation board.

SENATOR KEVIN ELTIFE: Senator Nichols is recognized for a motion.

SENATOR ROBERT NICHOLS: Mr. President and members, I move final passage.

SENATOR KEVIN ELTIFE: Senator Nichols now moves final passage of House Bill 1808. 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 KEVIN ELTIFE: 31 ayes, zero nays, House Bill 1808 is finally passed. Congratulations, Senator Nichols.

SENATOR ROBERT NICHOLS: Thank you, Mr. President and members.

SENATOR KEVIN ELTIFE: Senator Huffman is recognized for a motion to suspend the regular order of business on Committee Substitute SB687.

SENATOR JOAN HUFFMAN: Thank you, Mr. President. Members, I move to suspend the Senate's regular order of business to take up and consider Senate Bill 687. 687 would allow designated local urban law enforcement agencies under the continued approval supervision and direction of DPS to conduct intercepts when all other practical investigative methods have been tried and failed or likely to fail. Current law enforcement agencies must go through DPS, then DPS must still conduct the intercept themselves. The current process of having to wait for available resources is not efficient and decreases the effectiveness of the intercepts. Local agencies authorized to conduct intercepts will be issued to a sheriff's department and county with a population of more than 3.3 million, basically Harris County and municipalities with a population of 500,000 thousand or more. It would allow agencies to apply per designation to conduct their own intercepts. Law enforcement agencies will still be required to obtain a court order for each intercept. It only applies to certain enumerated felonies that are under investigation, will still require DPS approval but upon approval the local agency can conduct the intercept themselves. It will maintain, supervisory and oversight authority of DPS. This will allow greater flexibility for law enforcement officers. It also includes all forms of electronic communications bringing the statute up to date to include cellphones as well. And with that I move to suspend the Senate's regular order of business.

SENATOR KEVIN ELTIFE: Senator Huffman moves suspension of the regular order of business to take up and consider Committee Substitute SB687. Senator West, for what purpose?

SENATOR ROYCE WEST: Just a question of Senator Huffman.

SENATOR KEVIN ELTIFE: Senator Huffman yield?

SENATOR JOAN HUFFMAN: Yes.

SENATOR ROYCE WEST: And I think we talked about this yesterday. This particular bill does not substantively change the requirements in order to get an intercept. You still have to go through a judge in order to get one.

SENATOR JOAN HUFFMAN: Absolutely.

SENATOR ROYCE WEST: It changes the individuals that are allowed to do it.

SENATOR JOAN HUFFMAN: Right. And it was really bracketed to the big urban counties and the big municipalities and it doesn't increase or broaden the types of enumerated felonies that have to be under investigation. It doesn't -- the only thing it does it also just codifies that it can be for a cellphone which I think they've been doing it anyway but --

SENATOR ROYCE WEST: I'm sorry, what?

SENATOR JOAN HUFFMAN: Well, that cellphone wire taps would be allowed as well. They've been doing that anyway, it's just --

SENATOR ROYCE WEST: They've been tapping cellphones?

SENATOR JOAN HUFFMAN: Well, only if they've gone through -- as you know, a lot of the drug trafficking takes place through cellphone usage.

SENATOR ROYCE WEST: And so that's what it does. Therefore the larger urban counties that have facilities that are equivalent to DPS?

SENATOR JOAN HUFFMAN: Right. It's going to be Houston, San Antonio, Dallas, Austin, Fort Worth and El Paso, that's who's going to fit into the perimeters that I put out.

SENATOR ROYCE WEST: All right. Thank you.

SENATOR JOAN HUFFMAN: Thank you.

SENATOR KEVIN ELTIFE: Thank you, Senator West. Senator Huffman moves suspension of the regular order of business to take up and consider Committee Substitute SB687. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute SB687. The secretary will read the caption.

PATSY SPAW: Committee substitute SB687 relating to interpretation of wire, oral, and electronic communication for law enforcement purposes.

SENATOR KEVIN ELTIFE: Senator Huffman's recognized for a motion.

SENATOR JOAN HUFFMAN: I move passage to engrossment.

SENATOR KEVIN ELTIFE: Senator Huffman now moves passage to engrossment. Is there objection? Chair hears none, Committee Substitute SB687 is passed to engrossment. Senator Huffman is recognized for a motion to suspend the constitutional three day rule.

SENATOR JOAN HUFFMAN: So moved, Mr. President.

SENATOR KEVIN ELTIFE: 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 KEVIN ELTIFE: 30 ayes, one nays, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute SB687. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB687 relating to interception of wire, oral and electronic communications for law enforcement purposes.

SENATOR KEVIN ELTIFE: Senator Huffman is recognized for a motion.

SENATOR JOAN HUFFMAN: I move for final passage of the Committee Substitute to Senate Bill 687.

SENATOR KEVIN ELTIFE: Senator Huffman now moves final passage of Committee Substitute SB687. 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 KEVIN ELTIFE: 31 ayes, zero nays, Committee Substitute SB687 is finally passed. Congratulations, Senator Huffman.

SENATOR JOAN HUFFMAN: Thank you, Mr. President and members.

SENATOR KEVIN ELTIFE: Senator Watson's recognized for a motion to suspend the regular order of business Committee Substitute SB1328.

SENATOR KIRK WATSON: Thank you, Mr. President. Members, I move to suspend the Senate's regular order of business to take up and consider at this time the Committee Substitute to Senate Bill 1328 which requires that the Texas TEA provide information to parents about optional facilitation of individual plan meetings and develop criteria for independent IEP facilitation. I move suspension of the rules.

SENATOR KEVIN ELTIFE: Senator Watson moves suspension of the regular order of business to take up and consider Committee Substitute SB1328. Is there objection? The Chair hears none, the rules suspended. The Chair lays out on second reading Committee Substitute SB1328. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB1328 relating to optional dispute resolution methods regarding educational services for certain students.

SENATOR KEVIN ELTIFE: The following floor amendment by Watson. Secretary please read the amendment.

PATSY SPAW: Floor amendment No. 1 by Watson.

SENATOR KEVIN ELTIFE: Members, we'll wait until you have the amendment in your hands. Senator Watson to explain the amendment.

SENATOR KIRK WATSON: Thank you, Mr. President. Members, all this amendment does is eliminate the fiscal note or at least attempt to eliminate the fiscal note by clarifying the TEA isn't required to develop an online system for evaluation of a facilitation program and by eliminating the requirement that the commissioner submit a report to the legislature. The amendment also clarifies that only school districts that which is to offer facilitation must provide information to parents regarding that option. I mover adoption of floor amendment No. 1.

SENATOR KEVIN ELTIFE: Members Senator Watson moves adoption of floor amendment No. 1. Is there objection? Chair hears none, familiar amendment No. 1 is adopted. Senator Watson is recognized for a motion.

SENATOR KIRK WATSON: Mr. President, I move passage of the Committee Substitute to Senate Bill 1328 as amended to engrossment.

SENATOR KEVIN ELTIFE: Senator Watson moves passage to engrossment. Is there objection? The Chair hears none, Committee Substitute to Senate Bill 1328 is passed to engrossment. Senator Watson is now recognized for a motion to suspend the constitutional three day rule.

SENATOR KIRK WATSON: So moved.

SENATOR KEVIN ELTIFE: 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 KEVIN ELTIFE: 29 ayes, two nays, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute SB1328 as amended. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1328 relating to optional dispute resolution methods regarding educational services for certain students.

SENATOR KEVIN ELTIFE: Senator Watson is recognized for a motion.

SENATOR KIRK WATSON: I move final passage of the Committee Substitute to Senate Bill 1328 as amended.

SENATOR KEVIN ELTIFE: Senator Watson now moves for final passage of Committee Substitute SB1328 as amended. 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 KEVIN ELTIFE: 30 ayes, one nay, Committee Substitute SB1328 as amended is finally passed. Congratulations, Senator Watson.

SENATOR KIRK WATSON: Thank you, Mr. President. Thank you, members.

SENATOR KEVIN ELTIFE: Senator Harris is now recognized for a motion to suspend the regular order of business on House Bill 905.

SENATOR CHRIS HARRIS: Thank you, Mr. President. House Bill 905, under current law a statement made by a child 12 years old or younger may be admissible whether or not the statement is considered hearsay. Under certain circumstances a suit affecting the child/parent relationship. 905 provides a statement made by a child 12 years old or younger may be admissible whether or not the statement is considered a hearsay in a hearing for the protective order in the same manner.

SENATOR KEVIN ELTIFE: Senator Harris moves suspension of the regular order of business to take up and consider House Bill 905. Is there objection? Chair hears none, the rules are suspended. The Chair lays out on second reading House Bill 905. The secretary will read the caption.

PATSY SPAW: House Bill 905 relating to the admissibility of certain hearsay statements of a child in certain hearings.

SENATOR KEVIN ELTIFE: Senator Harris is recognized for a motion.

SENATOR CHRIS HARRIS: I move passage to third reading.

SENATOR KEVIN ELTIFE: Senator Harris moves passage to third reading. Is there objection? The Chair hears none, House Bill 905 is passed to third reading. Senator Harris is now recognized for a motion to suspend the constitutional three day rule.

SENATOR CHRIS HARRIS: Make a motion to suspend the three day rule.

SENATOR KEVIN ELTIFE: 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 KEVIN ELTIFE: 30 ayes, one nays, the rule is suspended. Chair lays out on third reading and final passage House Bill 905. The secretary will read the caption.

PATSY SPAW: House Bill 905 relating to the admissibility of certain hearsay statements of a child in certain hearings.

SENATOR KEVIN ELTIFE: Senator Harris recognized for a motion.

SENATOR CHRIS HARRIS: Move final passage.

SENATOR KEVIN ELTIFE: Senator Harris now moves final passage of House Bill 905. 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 KEVIN ELTIFE: 31 ayes, zero nays, House Bill 905 is finally passed. Congratulations, Senator Harris.

SENATOR CHRIS HARRIS: Thank you.

SENATOR KEVIN ELTIFE: Senator West is recognized for a motion to suspend the regular order of business on Committee Substitute SB1488.

SENATOR ROYCE WEST: Thank you very much, Mr. President and members. At this time I move to suspend the Senate's regular order of business to take up and consider at this time Committee Substitute Senate Bill 1488. 1488, members, is a refile of Senate Bill 857 which passed this chamber last session and died on the House calendar. It's a junior colleges -- and junior and community colleges have grown the need to establish procurement regulations to meet their unique requirements have also grown. This bill establishes a comprehensive general procurement system for junior and community colleges. Junior and community colleges presently use the purchasing statutes established for our public school systems. There are significant differences in the needs of colleges and public schools and the present statute does not address many of the college procurement requirements. The public school procurement also include many aspects that are not applicable to the colleges. This bill is based on and incorporates the provisions of the education code chapter 44 that are applicable to colleges and also incorporates language from the government code and the local government code that clarifies and enhances the accountability of the procurement process. I move to suspend the regular order of business.

SENATOR KEVIN ELTIFE: Senator Patrick, for what purpose?

SENATOR DAN PATRICK: Question of the author.

SENATOR KEVIN ELTIFE: Senator West yield?

SENATOR ROYCE WEST: Yes.

SENATOR DAN PATRICK: Senator West, this bill will create an expense for our community colleges. One particularly in my district reports it would cost $200,000 to implement and I would like to ask how you think our community colleges can afford to do this in these days and times?

SENATOR ROYCE WEST: Well, the community colleges are the ones that brought this bill to me in the first place, in terms of this particular system. This is one that we passed on the last legislative session, out of the Senate, I think by 31 to zero -- hold on a second. I haven't had anything from Harris County or any other. You talking about Harris County or Lone Star?

SENATOR DAN PATRICK: I'm talking about Lone Star.

SENATOR ROYCE WEST: Okay. I haven't heard anything on Lone Star.

SENATOR DAN PATRICK: Yeah, they contacted me yesterday because of the key part of the bill for the hub section of the bill that would give them concern and cost them --

SENATOR ROYCE WEST: I'm sorry, what?

SENATOR DAN PATRICK: The under utilized program will cost them $200,000 in their view to implement, and that's their concern.

SENATOR ROYCE WEST: I'm not understanding. That's their concern. What are they saying that they don't -- I'm not understanding your question.

SENATOR DAN PATRICK: I'm just simply saying they see this will be an unfunded mandate passed to them to implement the bill and will cost them about $200,000, so --

SENATOR ROYCE WEST: They want to be excluded from it or what?

SENATOR DAN PATRICK: It would be helpful.

SENATOR ROYCE WEST: Well, I'll work with to exclude them from the bill if you want to.

SENATOR DAN PATRICK: Would you mind just holding it for a few minutes and let me track it down so I can work with you on it?

SENATOR ROYCE WEST: Work with me on what?

SENATOR DAN PATRICK: If we need to exclude them?

SENATOR ROYCE WEST: Okay, that's fine. Let's go ahead and suspend then we can exclude them. I'll pull the bill down for a few moments.

SENATOR DAN PATRICK: Give me a few moments. Thank you.

SENATOR ROYCE WEST: Madam Chair, I'm going to pull the bill down -- I mean, Mr. Chairman. I want to pull the bill down, Mr. President.

SENATOR KEVIN ELTIFE: Whatever you like Senator West. Senator West withdraws his motion. Senator Watson's recognized for a motion to suspend the regular order of business Committee Substitute SB1138.

SENATOR KIRK WATSON: Thank you. Members, I move to suspend the regular order of business to take up and consider at this time the Committee Substitute to Senate Bill 293 -- I'm sorry, 1138. I'm just reading my own bill here.

SENATOR KEVIN ELTIFE: 1138, Senator Watson.

SENATOR KIRK WATSON: Let's be clear here, 1138. Committee Substitute to Senate Bill 1138 will provide RMAs, reasonable mobility authorities, with designed build authority without sunset while prohibiting any other type of CDA unless the project is specifically authorized by the legislature. The bill also adds numerous requirements for the procurement process. I have a floor amendment that makes further changes to these requirements as agreed to by the regional mobility authorities and the energy and construction industries. I move suspension of the rules.

SENATOR KEVIN ELTIFE: Senator Watson moves suspension of the regular order of business to take up and consider Committee Substitute SB1130. Is there objection? Chair hears none, the rules are suspended. The Chair lays out on second reading Committee Substitute SB1138. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB1138 relating to design build contracts and comprehensive development agreements of regional mobility authorities.

SENATOR KEVIN ELTIFE: The following floor amendment by Watson. Secretary read the amendment.

PATSY SPAW: Floor amendment No. 1 by Watson.

SENATOR KEVIN ELTIFE: Senator Watson to explain the amendment.

SENATOR KIRK WATSON: Thank you, Mr. President. As introduced SB1138 extended the ability of regional mobility authorities to do design build by amending the provisions of the CDA subchapter. Under current statute design build is a subset of the broader term CDA. The council of engineering companies and Senator Nichols expressed concern with the proposed language in the carve out bill but leaving it within the CDA subchapter, though they both supported the concept of allowing RMAs to do design build. However they expressed a strong preference for the provisions of chapter 271 of the government code and chapter that Senator Nichols was very involved in either last session or the session before that defines design build processes for local governments. RMAs have expressed concern over using chapter 271 because some requirements made it more costly and not well suited to their projects. So what we did is we had a Committee Substitute that was drafted to create a separate design build subchapter completely distinct from having nothing to do with CDAs. That subchapter defines the design build procurement process with language that mirrors many of the provisions of chapter 271 and that went through the transportation and homeland security committee with an agreement by those representing the RMAs and the counsel of engineering companies. Then what happened is shortly before we went in with the Committee Substitute to the transportation committee, the associated contractors came with some ideas. So what we did is we since passing it out of the transportation committee we have taken those suggestions and now, I'm pleased to tell you that we worked with the RMAs, council of engineering companies and the associated general contractors and they have all agreed to the language in this amendment. I have previously provided all of the members with a side by side comparison of the changes between the amendment and the committee version but what it does is it provides a number of clarifications and ends up having an agreed bill between the RMAs, the council of engineering companies and the associated general contractors who now all support the bill with this amendment. I move adoption of the amendment.

SENATOR KEVIN ELTIFE: Senator Hinojosa, for what purpose?

SENATOR JUAN HINOJOSA: To ask Senator Watson a question.

SENATOR KEVIN ELTIFE: Senator Watson yield?

SENATOR KIRK WATSON: I'm happy to.

SENATOR JUAN HINOJOSA: Senator Watson, as you know on the TxDOT sunset bill we made some changes in terms of design build and what chapter would apply in terms of the bidding process. Does your bill impact that at all?

SENATOR KIRK WATSON: No. What this does is it creates a separate section for RMA and what it does and why I'm offering the amendment is because the work you all were doing on the TxDOT sunset bill with the associated general contractors, many of the changes that you were making they wanted to make sure they corresponded with what we were doing in the RMA design build.

SENATOR JUAN HINOJOSA: So I guess in the wording that we had in the sunset TxDOT build had to do with the build and what chapter would apply in terms of the procurement process. Yours doesn't deal with that?

SENATOR KIRK WATSON: Mine deals with it only as it applies to RMAs.

SENATOR JUAN HINOJOSA: Okay. And I guess in the event that there's a joint project between TxDOT and a metropolitan area or an RMA what process would be -- what procurement process would be followed?

SENATOR KIRK WATSON: Well, in candor I'm not sure I know the answer to that question. I would think it would probably apply -- my guess would be the TxDOT sunset provision because it would be the broader provision but I'm not sure I know the answer to that question.

SENATOR JUAN HINOJOSA: Well, I guess as you well know there's been some going back and forth on this issue and I just want to make sure we're not setting up a contradiction in your bill.

SENATOR KIRK WATSON: And that's the goal of the bill, the reason I passed it, the reason I brought it to the floor, Senator Nichols and I had worked on this and he actually may know the answer to your question. But Senator Nichols and I had worked on this and the reason I wanted to bring it here is because we were working to make sure it did correspond with the work you were doing on the TxDOT sunset bill.

SENATOR JUAN HINOJOSA: Because I know Senator Nichols had a little different idea on how to approach this issue on TxDOT and he actually asked -- not offering an amendment on this issue on the sunset.

SENATOR KIRK WATSON: And, again, what I'm saying is the reason I'm bringing the amendment is so that it corresponds with what you were doing on the TxDOT sunset bill.

SENATOR JUAN HINOJOSA: Thank you, Senator Watson.

SENATOR KEVIN ELTIFE: Thank you. Senator Nichols, for what purpose?

SENATOR ROBERT NICHOLS: To ask the author a question.

SENATOR KEVIN ELTIFE: Senator Watson yield?

SENATOR KIRK WATSON: Sure.

SENATOR ROBERT NICHOLS: First of all, I want to thank you for the work that you have done on this. It's a -- I know when we started the legislative session, the RMAs came to the transportation commission -- I mean, committee I believe and I think they asked for permission to do design builds under the CDA; is that correct?

SENATOR KIRK WATSON: That's right.

SENATOR ROBERT NICHOLS: And some of us kind of buckled up under that a little bit and it had us a little nervous but the -- I think you went ahead and took on the project and as I understand it you used a foundation as a frame work design build that was in the government code I think it was 271.

SENATOR KIRK WATSON: 271, yes.

SENATOR ROBERT NICHOLS: And that's the one that Senator -- Chairman West and IGR, we worked out and all of us together a few years ago?

SENATOR KIRK WATSON: That's right.

SENATOR ROBERT NICHOLS: Okay. And then you modified it slightly and actually improved it a little bit and this amendment, we voted to continue on out of committee knowing with the understanding that this amendment would go on it. Is that correct?

SENATOR KIRK WATSON: That's correct.

SENATOR ROBERT NICHOLS: Okay. And I have read this amendment and it agrees with everything that we had all agreed to do. So I think it's a very good amendment, I think it's a very good bill and I support you in it.

SENATOR KIRK WATSON: I appreciate your help. Thank you, Senator Nichols.

SENATOR KEVIN ELTIFE: Thank you, Senator Nichols. Senator Ogden, for what purpose?

SENATOR STEVE OGDEN: To ask Senator Watson a question.

SENATOR KEVIN ELTIFE: Senator Watson yield?

SENATOR KIRK WATSON: Certainly.

SENATOR STEVE OGDEN: Senator, I apologize because I know you've explained this several times but specifically with the central Texas RMA which is in Williamson county and Travis county, what does this bill change?

SENATOR KIRK WATSON: Well, what it changes it gives them authority to continue to engage in design build projects without it being sunsetted. Things look what they used for that express way. They will now be able to use in 183A, they utilize it on 183A up in Williamson County. They'll be able to utilize this in the future. Their authority to continue doing that was going to go away, and it wasn't clear under what systems they would have to use. What this bill does is it sets up the systems.

SENATOR STEVE OGDEN: Well, and I really have a lot of confidence in your judgment on this issue because you've been pretty instrumental in making that RMA work but, you know, there was a reason why we sunset those two years ago. And the fear I think was we would be basically doing a bunch of exotic financing and not taking lowest bid for projects and at the end of the day design build projects as advertised weren't working in reality and specifically that it was attracting basically a lot of foreign investment that may basically somehow have an interest in conflict with our state and also basically eliminating the lowest bid type contracting that we've done in the past. So what I'm asking you is that's why we sunset it two years ago. What has happened between that two years ago and now to change your mind?

SENATOR KIRK WATSON: Well, first of all you need to separate CDA. Some people -- when you say CDA some people all they think about is private toll deals. But the phrase CDA also includes things as simple, if you will, and I put that in quotations marks as what we've all gotten to know in government and local government as design build projects. So one of the things that's happened is over that period of time we've been in a position to analyze what was wrong and try to fix it so that, for example, in this bill it completely separates out design build from full comprehensive development agreements. In addition it specifically prohibits a private entity from owning a public access built by using a CDA and in addition to that it sets up the procurement process so what it does is it learns from our past mistakes and sets up a very detailed process for how these RMAs will have to follow.

SENATOR STEVE OGDEN: Well, thank you for that explanation and I'll be happy to follow your lead on this.

SENATOR KIRK WATSON: Thank you, Mr. Chairman.

SENATOR KEVIN ELTIFE: Thank you, Senator Ogden. Senator Williams, for what purpose?

SENATOR TOMMY WILLIAMS: To ask the author a question.

SENATOR KEVIN ELTIFE: Senator Watson yield?

SENATOR KIRK WATSON: I do. Thank you.

SENATOR TOMMY WILLIAMS: Senator Watson, at the beginning of the session and during some of the interim hearings that we had, after I was first in July was appointed as Chair of the committee and there were the folks who represented the RMAs came and they were very anxious to have a full tool box, if you will, of concession authority, all types of different financing options and we had quite a few hearings on that and a lot of the concerns that Senator Ogden just raised now were also my concerns and yours and I just want to reiterate as we move forward I told the RMAs that I really wanted to see them have some type of design build authority but we didn't want it to go so far as those concession type programs. What was available to us in local government code or chapter was not really going to work for the RMAs the way they were structured. So I want to thank you for working on this and getting this to the point that we can support it and we're not doctoring in a lot of other things that have unintended consequences. So this is pretty narrow the way you've drafted it. What protections do we have here. The other concern I had was that we have local engineering firms as in Texas and U.S. engineering firms that were already doing design build projects with cities and local governments to be able to use these in a broader context. Tell me what kind of protections and special provisions we've got that address those two concerns.

SENATOR KIRK WATSON: Well, and I'll start off by reminding everybody that we've worked directly with the other groups and we've all reached an agreement with the different groups so they have a comfort level. Both the council of engineering companies and the associated general contractors are also comfortable. For example, there's a provision in the bill that weights the cost versus technical proposals to make it more consistent with industry practice and ensure that we're going to follow industry practice. There's been -- and frankly you've heard it along with me at the different hearings we've had, there's been misinformation circulated alleging that price doesn't end up being a factor in the way we go about doing design build procurement.

SENATOR TOMMY WILLIAMS: That was a big concern of mine.

SENATOR KIRK WATSON: Big concern, so frankly I don't think it could be any further from the truth particularly with this bill because what we require under this bill is that price be given percent of the value in scoring proposals so that we can also leave some ample room for those firms that come in and deal with better quality, technical proposals as well. That can be part and parcel of that. And so that actually worked very well dealing with CEC and AGC to get their input so that we can come up with a fair balance to protect both price and quality.

SENATOR TOMMY WILLIAMS: Well, thank you. I think you struck a good balance here, my hat's off to you. You put a lot of hard work into this and those were a lot of difficult competing interest, the balance, and I think most importantly for the RMAs you mainly have those in not your major urban areas and I think this is going to be a very valuable tool for them to be a lot more active in advancing projects in central Texas and east Texas and the other areas of the state that don't have your very large NTTEA, HETRA type organizations. So I thank you for what you've done. This is an important step forward for our state.

SENATOR KIRK WATSON: I appreciate that and I appreciate all the help that you've given me on the committee.

SENATOR KEVIN ELTIFE: Thank you, Senator Williams. Senator Jackson, for what purpose?

SENATOR MIKE JACKSON: Will the gentleman yield?

SENATOR KEVIN ELTIFE: Senator Watson yield?

SENATOR KIRK WATSON: Happy to.

SENATOR MIKE JACKSON: Thank you, Senator Watson. I think I just had two questions on the components of the bill right here that I just need a little bit of clarification for. I understand you worked and worked on this very diligently this whole session but on page five of the amendment, the floor substitute, it speaks to an authority and it says they shall qualify, on line five -- "shall qualify or short list at least two but not more than five firms to submit detailed proposals under this section." And my question is why would you shut it off at five firms? Is five a magic number?

SENATOR KIRK WATSON: Well, it's actually a number worked out by the various parties, the engineering groups and the RMAs trying to come up with what they thought would be the best practice.

SENATOR MIKE JACKSON: So if they --

SENATOR KIRK WATSON: And there's another issue in there that I think probably plays into that, Senator Jackson,and that's that it's very expensive to put together some of these proposals. And so there is -- the bill contemplates that there could be a payment of stipends and my guess is that before they go from a request for qualifications on further to request for proposal, they want to make sure they limit the number of parties that they might have to pay stipends to.

SENATOR MIKE JACKSON: Well, that was getting into my second question. But if there are -- if there's a request put out and six or seven companies are interested in doing that, how is the -- who tells who they can't do it?

SENATOR KIRK WATSON: It would be like the authority. It would be like any bidding process where ultimately the authority that's in charge says here who we came up with as the top players and they just make a decision as any local government would.

SENATOR MIKE JACKSON: So the RMA in this case would do that.

SENATOR KIRK WATSON: Yeah. As you know that's appointed by elected officials and for example in central Texas it's appointed by the commissioner's courts of the two counties and the chair's appointed by the governor. But the local authority like in any procurement process would make the ultimate call on who all's going to be involved.

SENATOR MIKE JACKSON: Okay. So could be a little bit political then I guess but anyway.

SENATOR KIRK WATSON: Be like any procurement process.

SENATOR MIKE JACKSON: Okay. And the stipend amount that you have here and I believe -- yeah, it shall pay 2/10ths of 1 percent of the contract amount. Is that something as well that was agreed or? 2/10s of 1 percent that could be a lot of money I guess on a large project.

SENATOR KIRK WATSON: It could be, the numbers that are in here are again, the agreed numbers by putting everyone in a room and trying to get them to come up with this. It's been told to me that it has become a standard practice to offer that because firms have put a lot of money into it in some of these projects and national firms ought to be compensated for their intellectual process if it ends up being used by the agency. And what this bill attempts to do is remove one more of the uncertainties from the process by ensuring that compensation will be there and by limits as we just talked about the number of short listed companies that limits the exposure of the agency.

SENATOR MIKE JACKSON: Okay. Would intellectual property be totally separate from this 2/10ths of 1 percent if it were utilized?

SENATOR KIRK WATSON: No, that's what the stipend would be, as I understand it, the way they set it up that's what the stipend would be for.

SENATOR MIKE JACKSON: Whether or not there was any intellectual property that would be utilized.

SENATOR KIRK WATSON: Well, it's all going to be intellectual property. Your design is always going to be your intellectual property, so what happens is as part and parcel of that the work you do or the intellectual property or the design or thought of whatever the design is, what now happens is that stipend's available and as you pointed out we limited the number of people that are invited to get from the request of qualifications on so it would cap basically the numbers you have to pay that to.

SENATOR MIKE JACKSON: Be paid. But it could be 1 percent of the entire project, right?

SENATOR KIRK WATSON: The numbers that are in the bill are what were agreed to.

SENATOR TOMMY WILLIAMS: Thank you, sir.

SENATOR KIRK WATSON: Mr. President, I have an answer to Senator Hinojosa's question if it would be appropriate for me to offer that. The parties would agree, Senator Hinojosa, if it was a joint project, what I'm informed is the parties would agree because on which entity would ultimately be developing the project so while it may be a joint project one or the other would be developed and based on that that's what would follow.

SENATOR KEVIN ELTIFE: Thank you, Senator Watson. Senator Watson now moves adoption of floor amendment No. 1. Is there objection? Chair hears none, floor amendment No. 1 is adopted. Senator Watson's recognized for a motion.

SENATOR KIRK WATSON: Thank you, Mr. President. I move passage of the Committee Substitute to Senate Bill 1138 as amended to engrossment.

SENATOR KEVIN ELTIFE: Senator Watson now moves passage to engrossment. Is there objection? Chair hears none, Committee Substitute SB1138 as amended is passed to engrossment. Senator Watson is recognized for a motion to suspend the constitutional three day rule.

SENATOR KIRK WATSON: So moved, Mr. President.

SENATOR KEVIN ELTIFE: 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 KEVIN ELTIFE: 30 ayes, one nay, the rule is suspended. The Chair lays out on third reading and final passage of Committee Substitute SB11348 as amended. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 1138 relating to design build contract and comprehensive development agreements of regional mobility authorities.

SENATOR KEVIN ELTIFE: Senator Watson's recognized for a motion.

SENATOR KIRK WATSON: Mr. President, I move final passage of Committee Substitute Senate Bill 1138 as amended.

SENATOR KEVIN ELTIFE: Senator Watson now moves final passage of Committee Substitute SB1138 as amended. 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 KEVIN ELTIFE: 31 ayes, zero nays, Committee Substitute SB1138 as amended is finally passed.

SENATOR KIRK WATSON: Thank you, Mr. President. Thank you, members.

SENATOR KEVIN ELTIFE: Senator Whitmire is recognized for a motion to suspend the regular order of business SB1117. Senator Whitmire, you're recognized an SB1117.

SENATOR JOHN WHITMIRE: Thank you, Mr. President. I would move to suspend the Senate's regular order of business to take up and consider Senate Bill 1117. Members, current law allows for the parent of a public school student to be charged with a class C misdemeanor to contributing to the nonattendance of a child or a student if their child is having truancy issues. They just routinely write a parent sometimes and the child a class C misdemeanor when the child's missing school. Oftentimes a single parent is doing everything he or she can do to get that child to school but because of working conditions and the challenges of raising that family, the mother may leave for work early thinking she's done everything proper and oftentimes she has, then they write her a class C misdemeanor, the ticket is $500, court cost is $85, she has to miss work. What this would do would change the culpability for this offense. What this would require them to show that the parent intentionally was involved in that child not going to school. Raises a level of culpability to ensure that those receiving the penalty not only know their children are not attending school but also are influencing or causing the absences. This is a very common sense approach to dealing with truancy and it will be an improvement if we can pass this law. I move suspension at this time.

SENATOR KEVIN ELTIFE: Senator Whitmire moves suspension of the regular order of business to take up and consider SB1117. Is there objection? Chair hears none, the rule's suspended. The Chair lays out on second reading SB1117. The secretary will read the caption.

PATSY SPAW: Senate Bill 1117 relating to prosecution of a parent contributing to the nonattendance of a public school student.

SENATOR KEVIN ELTIFE: Senator Whitmire's recognized for a motion.

SENATOR JOHN WHITMIRE: Thank you, Mr. President. I move passage of Senate Bill 1117 to engrossment.

SENATOR KEVIN ELTIFE: Senator Whitmire moves passage to engrossment, is there objection? Chair hears none, SB1117 is passed to engrossment. Senator Whitmire is now recognized for a motion to suspend the constitutional three day rule.

SENATOR JOHN WHITMIRE: I move to suspend the constitutional rule that bills be read on three several days.

SENATOR KEVIN ELTIFE: 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 KEVIN ELTIFE: 30 ayes, one nay, the rule is suspended. The Chair lays out on third reading and final passage SB1117. The secretary will read the caption.

PATSY SPAW: Senate Bill 1117 relating to the prosecution of a parent contributing to the nonattendance of a public school student.

SENATOR KEVIN ELTIFE: Senator Whitmire's recognized for a motion.

SENATOR JOHN WHITMIRE: I move final passage of Senate Bill 1117.

SENATOR KEVIN ELTIFE: Senator Whitmire now moves final passage of SB1117. 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 KEVIN ELTIFE: 31 ayes, zero nays, SB1117 is finally passed. Congratulations, Senator Whitmire. Senator Nichols is recognized for a motion to suspend the regular order of business on Committee Substitute SB730.

SENATOR ROBERT NICHOLS: Thank you, Mr. President. I move to suspend the Senate's regular order of business to take up and consider the Committee Substitute for Senate Bill 730. Members, we passed this bill out of the chamber unanimously last session. It prohibits converting a nontolled road to a tolled road. For several years now I've been concerned with the state's ability to convert an existing nontolled highway to a tolled highway, in other words put up toll booths. Under chapter 228.201 of the transportation code, the transportation commission can convert a nontolled state highway or segment of a nontolled state highway to a toll project if it determines the conversion will improve overall mobility in the region. If the commission makes this determination, the conversion is approved by the commissioner's court and majority voters in the county, TxDOT can convert a nontolled segment to a toll project. This bill eliminates that provision of the transportation code which would allow the transportation commission to convert a nontolled segment to a toll project. This bill does not prevent the commission from tolling added capacity to a highway or from adding managed or HOT lanes. With that, I move suspension of the Senate's regular order of business.

SENATOR KEVIN ELTIFE: Senator Williams, for what purpose?

SENATOR TOMMY WILLIAMS: To ask the author a couple of questions.

SENATOR KEVIN ELTIFE: Senator Nichols yield?

SENATOR ROBERT NICHOLS: Sure.

SENATOR TOMMY WILLIAMS: Senator Nichols, thanks for bringing this bill. You worked awful hard on it. Just for purposes of clarifying our intent there were a couple of questions I wanted to ask you. For instance on State Highway 99 in the Houston area from Bay Town to I10 that is currently not a tolled segment, it's free to the public but it's part of a system that is going to be clearly toll, the Grand Parkway project. This would not prevent road from being tolled at some point in the future, correct?

SENATOR ROBERT NICHOLS: I don't think so.

SENATOR TOMMY WILLIAMS: Okay. It's my understanding it wouldn't and we went and got a similar segment in Senator Patrick's district in the Tomball area where there was a proposed toll road, a small portion of it's been built, it's being used free now but there is a sign there that says future toll road and so this isn't something that's planned where it's not completely built. Just for the purposes of legislative intent wanted to make sure that we weren't -- and get it into the record that we are not precluding those kinds of projects.

SENATOR ROBERT NICHOLS: That's correct. And I remember working on several projects when I was on the commission, where we went ahead and decided we need to go ahead and sign it, put the signs up now, let them know but temporarily --

SENATOR TOMMY WILLIAMS: But people are driving on them for free and then a toll comes back in later.

SENATOR ROBERT NICHOLS: Yes, sir.

SENATOR TOMMY WILLIAMS: Right. Thank you.

SENATOR KEVIN ELTIFE: Thank you, Senator Williams. Senator Patrick, for what purpose?

SENATOR DAN PATRICK: Question of the author.

SENATOR KEVIN ELTIFE: Senator Nichols yield?

SENATOR ROBERT NICHOLS: Sure.

SENATOR DAN PATRICK: Thank you. Just to clarify what Senator Williams said, Senator Nichols, and I support your bill, in this particular road that he was talking about just to clarify the intent, it's a free road to where the signs are and it says future toll road. So under this bill the future project could be tolled -- could be tolled but the free road that leads up to it would not be included.

SENATOR ROBERT NICHOLS: Yes, I believe that would be the correct way to put it because the signage is there to notify people ahead of time.

SENATOR DAN PATRICK: Yeah.

SENATOR ROBERT NICHOLS: You could do that. We ran across several problems that I personally have experienced over a period of years I know, like the Tomball 249.

SENATOR DAN PATRICK: This is what we're talking about, yes.

SENATOR ROBERT NICHOLS: When it first started going back up to like 7 miles and it was discussed converting that that was already opened and not signed, there was almost a riot in the area.

SENATOR DAN PATRICK: Yes, I think there were people who came and threw coins --

SENATOR ROBERT NICHOLS: Yes, and I had to appear at that riot.

SENATOR DAN PATRICK: That was before my time.

SENATOR ROBERT NICHOLS: Well, okay. And I have several other situations I had seen, I could go through them -- there were at least four personal experiences I have seen around the state where it has come up and then come back down.

SENATOR DAN PATRICK: So how do you determine where the toll section begins, would it be literally where the signs --

SENATOR ROBERT NICHOLS: I would think so.

SENATOR DAN PATRICK: Okay. If that's your legislative intent, that's great because that has still been -- in fact, I know they've discussed this in the House about how far back down the free road they would go. And in my position I think the House member Allen Fletcher, Representative Fletcher who represents that area, their position is if that road's completed, the toll could not begin until where it says future toll road.

SENATOR ROBERT NICHOLS: I agree.

SENATOR DAN PATRICK: Thank you. And I support your bill. You're one of the most knowledgeable people in the legislature on these issues.

SENATOR ROBERT NICHOLS: Thank you.

SENATOR KEVIN ELTIFE: Thank you, Senator Patrick. Senator Nichols moves suspension of the regular order of business to take up and consider Committee Substitute SB730. Is there objection? The Chair hears none, the rules are suspended. The Chair lays out on second reading Committee Substitute SB70. The secretary will read the caption.

SENATOR ROBERT NICHOLS: Mr. President, I move passage of Committee Substitute to Senate Bill 730 to engrossment.

PATSY SPAW: Committee Substitute to Senate Bill 730 relating to the conversion of a nontolled state highway or segment of a state highway system to a toll project.

SENATOR KEVIN ELTIFE: Senator Nichols is now recognized for a motion.

SENATOR ROBERT NICHOLS: I move passage to engrossment.

SENATOR KEVIN ELTIFE: Senator Nichols now moves passage to engrossment. Is there objection? Chair hears none, Committee Substitute SB730 is passed to engrossment. Senator Nichols is now recognized for a motion to suspend the constitutional three day rule.

SENATOR ROBERT NICHOLS: Mr. President, members, I move to suspend the constitutional rule that bills be heard on three several days.

SENATOR KEVIN ELTIFE: 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 KEVIN ELTIFE: 30 ayes, one nay, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute SB730. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 730 relating to the conversion of a nontolled state highway system to a tolled project.

SENATOR KEVIN ELTIFE: Senator Nichols is recognized for a motion.

SENATOR ROBERT NICHOLS: Mr. President, members, I move final passage.

SENATOR KEVIN ELTIFE: Senator Nichols now moves final passage of Committee Substitute SB730. The secretary will read the caption.

PATSY SPAW: Bird --

SENATOR KEVIN ELTIFE: Please 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 KEVIN ELTIFE: 31 ayes, zero nays, Committee Substitute SB730 is finally passed. Congratulations, Senator Nichols.

SENATOR ROBERT NICHOLS: Thank you, Mr. President and members.

SENATOR KEVIN ELTIFE: Senator Zaffirini is recognized for a motion to suspend the regular order of business on Committee Substitute SB1445.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. Mr. President and members, I move to suspend the Senate's regular order of business in order to take up and consider at this time the Committee Substitute for Senate Bill 1445 relating to the contents of reports of political contributions and expenditures. Members, we all know there has been much confusion about certain campaign financing reportings requirements and this bill was drafted to clarify those requirements and to amend those inconsistencies. Generally the Committee Substitute for Senate Bill 1445 would simply require that all contributions on hand be reported as part of the contributions maintained total, which most of us have been doing, but there has been some confusion and it was not my intent at all to require any new separate reporting requirements with this bill. There was a question about some confusion caused by a particular section. And I will have a floor amendment to remove that particular item. The bill also deletes text in the Judicial Fairness Campaign Acts regarding reporting of political contributions because they are already required to be reported in another section of the election code. That is simply a cleanup. Mr. President, I move suspension.

SENATOR KEVIN ELTIFE: Senator Zaffirini moves suspension of the regular order of business to take up and consider Committee Substitute SB1445. Is there objection? Chair hears none, the rule's suspended. The Chair lays out on second reading Committee Substitute SB1445. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 1445 relating to the contents of reports of political contributions and expenditures.

SENATOR KEVIN ELTIFE: The following amendment by Zaffirini. Secretary would please read the amendment.

PATSY SPAW: Floor amendment No. 1 by Zaffirini.

SENATOR KEVIN ELTIFE: Senator Zaffirini to explain the amendment.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. Mr. President and members, you can see that this amendment simply strikes a section of the bill that was questioned. There was disagreement as to whether it would require MU boxes in a more complicated form or not. Rather than trying to settle the argument, I'm striking the language. Mr. President, I move adoption of floor amendment No. 1.

SENATOR KEVIN ELTIFE: Members, Senator Zaffirini moves adoption of floor amendment No. 1. Is there objection? The Chair hears none, floor amendment No. 1 is adopted. Senator Zaffirini is now recognized for a motion.

SENATOR JUDITH ZAFFIRINI: Mr. President, I move passage to engrossment.

SENATOR KEVIN ELTIFE: Senator Zaffirini now moves passage to engrossment. Is there objection? Chair hears none, Committee Substitute SB1445 as amended is passed to engrossment. Senator Zaffirini is now recognized for a motion the suspend the constitutional three day rule.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. I move to suspend the constitutional rule that bills be read on three several days.

SENATOR KEVIN ELTIFE: 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 KEVIN ELTIFE: 30 ayes, one nay, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute SB144 R5. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 1445 relating to contents of reports of political contributions and expenditures.

SENATOR KEVIN ELTIFE: Senator Zaffirini is recognized for a motion.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. I move final passage.

SENATOR KEVIN ELTIFE: Senator Zaffirini moves final passage of Committee Substitute SB1445 as amended. 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 KEVIN ELTIFE: 31 ayes, zero nay, Committee Substitute SB1445 as amended is finally passed. Congratulations, Senator Zaffirini.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President and members.

SENATOR KEVIN ELTIFE: Senator Williams is recognized for a motion to suspend the regular order of business on SB1237.

SENATOR TOMMY WILLIAMS: Thank you, Mr. President and members. I move to suspend the Senate's regular order of business in order to take up and consider Senate Bill 1237. Members, the background on this bill is that new breath test instruments that are used by our police officers allow a breath test operator to scan or swipe the driver's license of a person who was arrested for driving while intoxicated to quickly, efficiently and with minimal typographical errors enter the subject's name, gender and date of birth. Peace officers and state employees and certain other people are currently authorized to scan or swipe the driver's license to access the electronically readable information that's contained in the license. This statute would allow someone who is a technician who's analyzing these breath specimens or forensic scientists to also be able to swipe that information. Mr. President, I move to suspend the Senate's regular order of business to take up and consider SB1237.

SENATOR KEVIN ELTIFE: Senator Williams move suspension of the regular order of business to take up and consider SB1237. Is there objection? Chair hears none, the rule's suspended. The Chair lays out on second reading SB1237. The secretary will read the caption.

PATSY SPAW: Senate Bill 1238 relating to persons authorized to access or use electronically readable information derived from persons' driver's license.

SENATOR KEVIN ELTIFE: Senator West, you wish to be recognized?

SENATOR ROYCE WEST: Yes, sir, Mr. President.

SENATOR KEVIN ELTIFE: Senator Williams yield?

SENATOR TOMMY WILLIAMS: I yield.

SENATOR ROYCE WEST: Senator Williams, could you explain in bill just a little bit more?

SENATOR TOMMY WILLIAMS: I'd be more than happy to. I know I peaked your interest a little bit earlier. What this bill would do is it would exempt a person's certificate that's issued by the Department of Public Safety certifying that that individual is qualified to take and analyze someone's breath specimens and so the intent here is that it would allow that person, that technician who is a forensic scientist the exemption to swipe that information. And right now only peace officers and certain DPS employees, but it doesn't include the forensic scientist who just might be there taking the sample and then they could physically swipe the license.

SENATOR ROYCE WEST: And that person would be certified prior to being able to do this?

SENATOR TOMMY WILLIAMS: Yes, they would have to be certified by the Department of Public Safety under this bill.

SENATOR ROYCE WEST: All right. Thank you.

SENATOR KEVIN ELTIFE: Thank you, Senator West. Senator Williams is recognized for a motion.

SENATOR TOMMY WILLIAMS: I move passage to engrossment.

SENATOR KEVIN ELTIFE: Senator Williams now moves passage to engrossment. Is there objection? Chair hears none, SB1237 is passed to engrossment. Senator Williams is now recognized for a motion to suspend the constitutional three day rule.

SENATOR TOMMY WILLIAMS: So moved.

SENATOR KEVIN ELTIFE: 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 KEVIN ELTIFE: 30 ayes, one nay, the rule is suspended. The Chair lays out on third reading and final passage SB1237. The secretary will read the caption.

PATSY SPAW: SB1237 relating to persons authorized access to electronically readable information.

SENATOR KEVIN ELTIFE: Senator Williams is recognized for a motion.

SENATOR TOMMY WILLIAMS: I move final passage.

SENATOR KEVIN ELTIFE: Senator Williams now moves final passage of SB1237. 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 KEVIN ELTIFE: 31 ayes, zero nay, SB1237 is finally passed. Congratulations, Senator Williams.

SENATOR TOMMY WILLIAMS: Thank you. Thank you members.

SENATOR KEVIN ELTIFE: Senator Van de Putte is recognized for a motion to suspend the regular order of business on Committee Substitute SB1841.

SENATOR LETICIA VAN DE PUTTE: Thank you, Mr. President and members. I move to suspend the Senate's regular order of business to take up and consider at this time the Committee Substitute to Senate Bill 1841. Members, I bring this bill to you to the floor today with serious intentions of improving the fiduciary relationship between the state of Texas who are the owners of the Alamo and its custodian and the trustee the Daughters of the Republic of Texas. This is to ensure that the structural integrity and the historic preservation of the shrine to Texas liberty, the state's No. 1 tourist destination is also the undeniable centerpiece of our history and, of course, our local tourism that pumps about $11 billion into our economy. Members, you may have seen some of the concerns of the fiduciary relationship between the state and the Daughters, specifically the lack of clarity that results in their role as custodians. This legislation should resolve the ongoing legal concerns and the information by the attorney general's office and hopefully put us one step forward with the problems with the trademark which the Daughters had applied for and the permanent option to that trademark to the governor's office. For. A little history, the acts of the 29th legislature granted custody and care of the Alamo to the Daughters to be maintained in good order and then on April 30th, 1913, a decision by the Texas Supreme Court determined that by accepting the terms of the 1905 statute, the DRT became a trustee for the state. So therefore, members, this current 1913 decision still governs the DRT's relationship and establishes the legal frame work for the ongoing. We had four hours of testimony in the Senate administration hearing where the office of the attorney general said that the shrine, the adjourning long barracks and the property that's added to the Alamo complex in the succeeding years is also owned by the state of Texas but they are held in trust and our trustee is the DRT and the state of Texas is the beneficiary. Members, I will come to you upon suspension with the floor substitute. On the floor substitute originally was my ongoing attempts to work with my Bexar County colleague Senator Wentworth and address some of his concerns. We made all of the different changes and so the floor statute that I will be presenting we've worked with the governor's office, the attorney general's office, both the speaker and the lieutenant governor's office and all concerned stakeholders. And we were of the opinion that this is exactly what Senator Wentworth and we had agreed to. However, I do want to disclose that right now the Senator would prefer it now that we go back to the original 1814 that came out of the committee which the Daughters originally testified against. So, members, I would hope that you would suspend with me. We really do need to have this sort of transparency and clarity with the shrine of Texas liberty. We should hold the Alamo of no less standard than we hold the Capitol here. Our state Capitol. And members, with that I move to suspend the Senate's regular order of business to take up and consider the Committee Substitute to Senate Bill 1841.

SENATOR KEVIN ELTIFE: Senator Wentworth, for what purpose?

SENATOR JEFF WENTWORTH: Mr. President, I'm disappointed that this bill has been brought up. This is a complete surprise to me, Senator Van de Putte and I have been working on this bill. It is not worked out, I am totally opposed to this bill. I've spoken to the governor within the last two hours, the governor doesn't like major aspects of this bill. I'd ask Senator Van de Putte to pull this bill down and continue working with us to get a bill we can both agree on.

SENATOR KEVIN ELTIFE: Senator Van de Putte, do you yield to Senator Wentworth?

SENATOR LETICIA VAN DE PUTTE: I yield and actually, Senator, we have been working with the governor's office and it's not the bill that the Committee Substitute that came out of the administration committee. The governor's office had serious concerns with the overlay of the Texas Historical Commission and that's what the governor's problem was with the 1841. However, to my knowledge in discussions with the governor's office that we have been in since last Wednesday, when you came to us with this concept, this floor substitute has in its place as per the governor's request instead of the Historical Commission, the Department of Parks and Wildlife and that was their source of concern. So you are correct in that the governor's office had serious concerns about the Historical Commission which is what it came out of the committee. However the floor substitute now switches that to Parks and Wildlife.

SENATOR JEFF WENTWORTH: Senator, I know all that. None of what you just said is news to me. This is a very fluid situation. Have you visited with Senator Armsbruster in the last maybe two hours?

SENATOR LETICIA VAN DE PUTTE: I haven't seen him on the floor, but I know that he visited with us yesterday and they were clear to go.

SENATOR JEFF WENTWORTH: Well, it's 1:30 now, I was in the governor's office at a quarter to 11:00 at a ceremony honoring the new public safety commissioner Cindy Leon and he instructed Senator Armsbruster to visit with you today about this bill and I held off talking to you until Senator Armsbruster could talk to you about it. But as you know, you didn't talk to me at all about bringing this bill up today and it's a bill that I'm opposed to and the governor's opposed to.

SENATOR LETICIA VAN DE PUTTE: Well, Senator, I have left it on intent and I showed you exactly what our Committee Substitute was which it was what you requested last week. We used the framework of the Alamo preservation board as was this looking at how exactly the state preservation board does. We work with the attorney's general office and we have worked with the governor's office and this is what we bring to you is the floor substitute that incorporates all of the changes that you wanted. Now, I know that you came to me on Monday --

SENATOR JEFF WENTWORTH: That's not true or I wouldn't be standing here opposing you.

SENATOR LETICIA VAN DE PUTTE: If you will -- and then you came to me on Monday or Tuesday and said the Daughters of the Republic of Texas don't like the new floor substitute and in fact they would prefer the original legislation that they testified they abhorred before the administration committee, which is the bill that I'm going to suspend on right now is actually the bill that you said now that the Daughters would prefer. So I mean, I would love to keep working on this but I have held it and held it. We have worked on a Committee Substitute that adheres to some of the problems that we had at first and then working with you on the floor substitute but time is running out and time is running out, Senator, for the Alamo. That roof has not been repaired, although it was identified to be repaired back in the 2006 report and the Daughters unfortunately have not been able to raise the funds. The long barracks and we listened to testimony in committee where the structure, for example, the limits foundation under that relationship has raised $30 million and we know every day that we don't have a solution to their current problems. That it is one more day that we put the shrine of Texas liberty in jeopardy. We need to move forward with this and so I would ask that we continue to work on this as we go through the process in the House. But, Senator, time is of the essence and I really need to get this Senate Bill moving. I assure you we will continue to work the process, I trust Chairman Deanne and Representative Larson will as they continue to be at the table and so that at the end of the day when we finally get a bill to the governor's office, it will be something that No. 1 preserves the Alamo for future generations. No. 2 adds that transparency and clarification on our fiduciary duty and it does not remove the Daughters as custodians. We keep the Daughters of the republic of Texas as custodians and I would hope that that would continue to be our goal. But we really do need to move the process to get this bill moving and that I assure you we will continue to be at the table.

SENATOR JEFF WENTWORTH: Senator, that is a clear misrepresentation of what that bill does. It does not keep the Daughters of the Republic of Texas as the custodians of the Alamo, it transfers to Parks and Wildlife the jurisdiction that controls the Alamo. A lot of the stuff you said we agree with, we want more transparency, we want annual transfer reports. What is the effective date of your bill?

SENATOR LETICIA VAN DE PUTTE: The effective --

SENATOR JEFF WENTWORTH: Isn't it January 1, 2012?

SENATOR LETICIA VAN DE PUTTE: That's correct. And on the floor substitute --

SENATOR JEFF WENTWORTH: So another day or two of May 2011 really doesn't really affect --

SENATOR LETICIA VAN DE PUTTE: Well, this is a Senate bill, Senator, and actually the floor substitute has the agreement with the Daughters of the Republic the board shall enter into for the Daughters and the management of the operation of the financial support and it clarifies that we do keep the Daughters. It is invoked in every single versions of the bill that has I failed except the one that I thought about in which I which removed it. It is my intent and the floor substitute and the Committee Substitute that was voted out of committee keeps the Daughters as our custodians.

SENATOR JEFF WENTWORTH: No, it doesn't. It does not. I would ask you to pull down. I hope the Senate is listening to this debate and we wait one more day to try to work out the very moving parts among the governor's office, the Daughters of Republic of Texas and me -- as I said, this is a complete surprise to me that you asked to be recognized on this bill today because I thought we were working in good faith for a solution to this situation. And let me say to dispel the concern that you're talking about the roof, there are thousands of visitors from all over the world that are going through the Alamo every day including today completely safe. There is no danger because of the roof of the Alamo. It is the number one tourist destination of this state, 254 counties, it's the number one tourist destination and it has been that way for year after year after year under the control of the Daughters of the Republic of Texas. I'm just asking you to wait one more day, let's try to get this worked out between the governor's office, the DRT and me and hopefully we can come to this floor tomorrow with an agreed to bill, which this bill is not.

SENATOR LETICIA VAN DE PUTTE: Senator, that's exactly what you told me last week and I took every single idea that you had, we started working on that Committee Substitute -- we -- I mean, the floor substitute but we were working last week and we continued to but I would love to move the process along because we absolutely need to move this.

SENATOR JEFF WENTWORTH: I'd be pleased to move the process along, but I'd like to move along a bill that we all agreed to.

SENATOR LETICIA VAN DE PUTTE: Senator, as a courtesy to you, we will be here I think later in the afternoon and so that we can get clarification from the governor's office because the last I had heard they were fine, I will withdraw my motion, I have the greatest respect for. You but understand that our goals are the same and that is to make sure that the Alamo is all going to be here for future generations and we know the difficulties that have happened with the attorney general's investigation, with the governor's ongoing opposition to this. I mean, it's very difficult for the state to have to go to court and litigate against its own trustee which is supposed to be acting in the best interest of the state. And so at this time I will withdraw my motion and we will continue -- hopefully maybe we can have this up later today. But we cannot wait for an indefinite and I will continue to work for you. Mr. President, at this time I withdraw my motion to suspend the Senate's regular order of business.

SENATOR KEVIN ELTIFE: Senator Van de Putte withdraws her motion to suspend the regular order of business on Committee Substitute SB1841. Thank you, Senator Van de Putte. Thank you, Senator Wentworth. Senator West is recognized for a motion to suspend the regular order of business on Committee Substitute SB1488.

SENATOR ROYCE WEST: Yes, I pulled down the bill a few moments ago to work with Senator Patrick on an issue. So at this time I move to suspend the regular order of business to take up and consider Committee Substitute to Senate Bill 1488. Members, this is a bill for the community and junior colleges to pretty much separate their purchasing that of public schools.

SENATOR KEVIN ELTIFE: Senator Patrick, for what purpose?

SENATOR DAN PATRICK: Just a question of the author.

SENATOR KEVIN ELTIFE: Senator West yield?

SENATOR ROYCE WEST: Yes.

SENATOR DAN PATRICK: Thank you, Senator, for giving me time to work through this. When I visited with the folks at Lone Star they believe they're already doing what your bill would achieve and that's the reason it would cost them money to switch systems as this bill would describe. So you and I have visited and you have promised as the process moves forward that you would allow them to be carved out as this moves through the process through the House and I appreciate that and Dr. Carpenter from Lone Star appreciates that as well.

SENATOR ROYCE WEST: And needless to say I'll work with you and we will take care of the Lone Star college.

SENATOR DAN PATRICK: Thank you, sir.

SENATOR ROYCE WEST: Okay.

SENATOR KEVIN ELTIFE: Thank you, Senator Patrick. Senator West moves suspension of the regular order of business to take up and consider Committee Substitute SB1488. Is there objection? The Chair hears none, rule is suspended. The Chair lays out on second reading Committee Substitute SB1488. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 1488 relating to purchasing contracts and practices of junior college districts.

SENATOR ROYCE WEST: I move passage to engrossment, Mr. President.

SENATOR KEVIN ELTIFE: Senator West is recognized for a motion. Senator West makes a motion of passage to engrossment. Is there objection? Chair hears none, Committee Substitute SB1488 is passed to engrossment. Senator West is recognized for a motion to suspend the constitutional three day rule.

SENATOR ROYCE WEST: So moved.

SENATOR KEVIN ELTIFE: 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 KEVIN ELTIFE: 30 ayes, one nay, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute SB1488. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1488 relating to purchasing contract practices of junior college districts.

SENATOR KEVIN ELTIFE: Senator West is recognized for a motion.

SENATOR ROYCE WEST: Move final passage of Committee Substitute to Senate Bill 1488.

SENATOR KEVIN ELTIFE: Senator West moves final passage of Committee Substitute SB1488. 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 KEVIN ELTIFE: 31 ayes, zero nays, Committee Substitute SB1488 is finally passed. Senator Carona is recognized for a motion to suspend the regular order of business on Committee Substitute SB1557.

SENATOR JOHN CARONA: Thank you, Mr. President. Senate Bill 1557, members, would create a Texas high performance schools consortium based on an application process. The consortium would be compromised of up to 20 participants from varying size districts type districts to be chosen by the commissioner of education. This would include one open enrollment charter with an exemplary rating. The total student population consortium could not exceed 5 percent of the total state population under any circumstance. The consortium would focus on the following principles: Visual learning, high priority learning standards, multiple assessments for learning and a greater reliance on parent community involvement. During the application process participants in the consortium would request waivers of applicable laws in order to provide more transparency. These waivers do not include waivers of accountability or assessments but are limited to waiver authority that the commissioners currently hold, the commissioner currently holds. Under current law this waiver authority may be granted to any district to an application process. If the consortium wanted the ability to request a waiver for provisions not available under current law, the commissioner would have to go through the very same process and report back to the legislature and the governor, so we're not -- the purpose is not to expand the authority but to simply focus on the basic core planning for a means of the next generation of accountability. I move suspension.

SENATOR KEVIN ELTIFE: Senator Carona moves suspension of the regular order of business to take up and consider Committee Substitute SB1557. Is there objection? Chair hears none, the rules are suspended. The Chair lays out on second reading Committee Substitute SB1557. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 1557 relating to the Texas high performance schools consortium.

SENATOR KEVIN ELTIFE: Senator Carona is recognized for a motion.

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

SENATOR KEVIN ELTIFE: Senator Carona now moves passage to engrossment. Is there objection? The Chair hears none, Committee Substitute SB1557 is passed to engrossment. Senator Carona is now recognized for a motion to suspend the constitutional three day rule.

SENATOR JOHN CARONA: So moved, Mr. President.

SENATOR KEVIN ELTIFE: 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 KEVIN ELTIFE: 28 ayes, three nays, the rule is suspended. The Chair lays out on third redding and final passage Committee Substitute Senate Bill 1557. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 1557 relating to Texas high performance school consortium.

SENATOR KEVIN ELTIFE: Senator Carona is recognized for a motion.

SENATOR JOHN CARONA: I move final passage.

SENATOR KEVIN ELTIFE: Senator Carona moves final passage of Committee Substitute SB1557. 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 KEVIN ELTIFE: 29 ayes, two nays, Committee Substitute SB1557 is finally passed. Congratulations, Senator Carona. Senator Patrick, you're recognized for an introduction.

SENATOR DAN PATRICK: Thank you, members. I would like you to welcome the Cy-Fair legislative group all in their yellow shirts up there. Welcome to the Capitol, great to have you here from Senate district 7. Welcome everyone.

SENATOR KEVIN ELTIFE: Senator Patrick is recognized for a motion to suspend the regular order of business on Committee Substitute SB1399.

SENATOR DAN PATRICK: Yes, thank you, Mr. President and members. For most people their home is their largest investment they'll make in their lifetime and the strength of a home is its foundation. While foundation repair failure can occur even under the best of circumstance, industry experience best serves to reduce the risk. Senate Bill 1399 will provide for greater accountability in the foundation repair industry. Ensure that appropriate industry experience puts in place before a company can represent itself as a licensed foundation repair contractor. Members, you may not be aware of this but today someone can pull up in front of your house in nothing but a truck and a hammer and say, I'm here and I'm qualified to repair your foundation. It is not licensed, it is not regulated. This would begin that process. I move to suspend the regular order of business on Senate Bill 1399.

SENATOR KEVIN ELTIFE: Senator Hinojosa, for what purpose?

SENATOR JUAN HINOJOSA: To ask Senator Patrick a question.

SENATOR KEVIN ELTIFE: Senator Patrick yield?

SENATOR DAN PATRICK: Yes.

SENATOR JUAN HINOJOSA: Now, Senator, what are we doing here? Are we exempting or regulating?

SENATOR DAN PATRICK: We are allowing them to go to the bureau of license so they can set requirements for those who come to a person's home or advertise or in any way present themselves as a contractor to correct their foundation. There have been terrible stories of people who have hired someone thinking like a plumber who has a license or an electrician who has a license, they think that the foundation contractor has a license. We even had a situation where someone was killed because the foundation caved in. This is something the industry brought to me and said, we want to regulate, we want to be able to license ourselves so we have reputable people doing the work.

SENATOR JUAN HINOJOSA: So you're expanding government?

SENATOR DAN PATRICK: No, I'm not expanding government. I'm presenting good government to people whose biggest investment is their homes and they believe again like the electrician they hire or the plumber they hire that that person that repairs or builds the foundation under their house is qualified.

SENATOR JUAN HINOJOSA: So you're bringing businesses under business regulation.

SENATOR DAN PATRICK: Yes.

SENATOR JUAN HINOJOSA: Licensing procedures.

SENATOR DAN PATRICK: Yes.

SENATOR JUAN HINOJOSA: Very interesting.

SENATOR DAN PATRICK: Thank you.

SENATOR JUAN HINOJOSA: Thank you.

SENATOR KEVIN ELTIFE: Thank you, Senator Hinojosa. Senator Patrick has moved suspension of the regular order of business to take up and consider Committee Substitute SB1399. Is there objection? Chair hears none, rules are suspended. Chair lays out on second reading Committee Substitute SB1399. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB1399 relating to regulation of foundation repair contractors.

SENATOR KEVIN ELTIFE: Senator Patrick is recognized for a motion.

SENATOR DAN PATRICK: I move passage to engrossment.

SENATOR KEVIN ELTIFE: Senator Patrick now moves passage to engrossment is there objection? Chair hears none, Committee Substitute SB1399 is passed to engrossment. Senator Patrick is recognized for a motion to suspend the constitutional three day rule.

SENATOR DAN PATRICK: So moved.

SENATOR KEVIN ELTIFE: 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 KEVIN ELTIFE: 30 ayes, one nay, the rule is suspended. Chair lays out on third reading and final passage Committee Substitute SB1399. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1399 relating to regulation of foundation repair contractors.

SENATOR KEVIN ELTIFE: Senator Patrick is recognized for a motion.

SENATOR DAN PATRICK: I move final passage on this bill that will protect homeowners. Thank you, Mr. President.

SENATOR KEVIN ELTIFE: Senator Patrick now moves final passage of Committee Substitute SB1399. 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 KEVIN ELTIFE: 31 ayes, zero nay, Committee Substitute SB1399 is finally passed.

SENATOR DAN PATRICK: Thank you, members.

SENATOR KEVIN ELTIFE: Senator Nichols is recognized for a motion to suspend the regular order of business on Committee Substitute SB1059.

SENATOR ROBERT NICHOLS: Thank you, Mr. President. I move to suspend the Senate's regular order of business to consider Committee Substitute for Senate Bill 1059. Committee Substitute for Senate Bill 1059 has to do with the collection of fines, fees and court costs by counties. This bill has a positive fiscal note of $6,800,000 and gives counties more flexibility. The 79th Texas legislature created the mandatory county debt collection program. Under this program all counties with a population over 50,000 were required to hire at least one county debt collector for court cost fines and fees. Current law allows counties with a population less than 50,000 to hire the services of a third party collection service company. The Committee Substitute for Senate Bill 1059 removes the population cap. The program then becomes permissive to the county. This bill was brought to me by my Cherokee county judge Chris Davis because his census put his county just a little over 50,000, he was going to have to hire new employees and stuff. Counties are best equipped to determine the most cost efficient and effective way to collect their money. Many counties participate in the program that's seen an increase in collection; however, other counties have not seen an increase in collections, only an increase in cost to stay in compliance with the state mandate. The Committee Substitute for Senate Bill 1059 will amend statute to allow counties at the local level to determine the most efficient process to collect these funds. Furthermore again this bill has a positive fiscal note of over $6,800,000 for the next biennium. It was supported by the Texas Association of county, county judges, commissioners, associate urban counties. With that I move suspension of the Senate's regular order of business.

SENATOR KEVIN ELTIFE: Senator Nichols moves suspension of the regular order of business to take up and consider Committee Substitute SB1059. Is there objection? The Chair hears none, the rules are suspended. The Chair lays out on second reading Committee Substitute SB1059. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB1059 relating to program for improvement of collection of court costs, fees and fines.

SENATOR KEVIN ELTIFE: Senator Nichols recognized for a motion.

SENATOR ROBERT NICHOLS: Mr. President and members, I move passage of Committee Substitute for Senate Bill 1059 to engrossment.

SENATOR KEVIN ELTIFE: Senator Nichols now moves passage to engrossment. Is there objection? Committee Substitute to Senate Bill 1059 is now passed to engrossment. Senator Nichols is now recognized for a motion to suspend the constitutional three day rule.

SENATOR ROBERT NICHOLS: Mr. President and members, I move to suspend the constitutional rule that bills be read on three several days.

SENATOR KEVIN ELTIFE: 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 KEVIN ELTIFE: 30 ayes, one nay, the rule is suspended. Chair lays out on third reading and final passage Committee Substitute SB1059. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB1059 relating to program improvement for collection of court costs, fees and fines.

SENATOR KEVIN ELTIFE: Senator Carona is recognized for a motion.

SENATOR ROBERT NICHOLS: I move final passage.

SENATOR KEVIN ELTIFE: Senator Nichols now moves final passage of Committee Substitute SB1059. 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 KEVIN ELTIFE: 31 ayes, zero nay, Committee Substitute SB1059 is finally passed. Congratulations, Senator Nichols.

SENATOR ROBERT NICHOLS: Thank you, Mr. President and members.

SENATOR KEVIN ELTIFE: Senator Rodriguez is recognized for a motion to suspend the regular order of business Committee Substitute SB1196.

SENATOR JOSE RODRIGUEZ: Thank you, Mr. President and members. The Committee Substitute to Senate Bill 1196 deals with a variety of issues in the Texas probate code relating to guardianships and alternatives to guardianships for persons who have physical disabilities or who are incapacitated. Senate Bill 1196 is part of an ongoing review of Texas probate, guardianship and trust law undertaken by the real estate probate and trust law section of the state bar of Texas. The companion to Senate Bill 1196 is House Bill 1836 by Representative Hartnett was recommended for the House local and consent calendar and by the House judiciary and civil jurisprudence committee last week. Mr. President and members, I move that we suspend the regular order of business and all necessary rules to take up and consider Committee Substitute for Senate Bill 1196.

SENATOR KEVIN ELTIFE: Senator Rodriguez moves suspension of the regular order of business to take up and consider Committee Substitute SB 1996. Is there objection? Chair hears none, the rules are suspended. The Chair lays out on second reading Committee Substitute SB1196. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1196 relating to guardianships and alternatives to guardianships.

SENATOR KEVIN ELTIFE: Senator Rodriguez is recognized for a motion.

SENATOR JOSE RODRIGUEZ: Mr. President and members, I move passage to engrossment.

SENATOR KEVIN ELTIFE: Senator Rodriguez now moves passage to engrossment. Is there objection? The Chair hears none, Committee Substitute SB1196 is now passed to engrossment. Senator Rodriguez is now recognized to suspend the constitutional three day rule.

SENATOR JOSE RODRIGUEZ: Mr. President and members, I move to suspend the constitutional rule that bills be read on three several days.

SENATOR KEVIN ELTIFE: 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 KEVIN ELTIFE: 30 ayes, one nay, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute SB1196. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB1196 relating to guardianships and alternatives to guardianships for certain persons.

SENATOR KEVIN ELTIFE: Senator Rodriguez is recognized for a motion.

SENATOR JOSE RODRIGUEZ: Mr. President and members, I move for final passage.

SENATOR KEVIN ELTIFE: Senator Rodriguez now moves final passage of Committee Substitute SB1196. 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 KEVIN ELTIFE: 31 ayes, zero nays, Committee Substitute SB1196 is finally passed. Congratulations.

SENATOR JOSE RODRIGUEZ: Thank you, Mr. President and members.

SENATOR KEVIN ELTIFE: Senator West is recognized for a motion to suspend the regular order of business on SB150.

SENATOR ROYCE WEST: Thank you very much, Mr. President and members, Senate Bill -- first of all, I move to suspend the regular order of business to take up and consider at this time Senate Bill 150. Members, the office of inspector general is the law enforcement arm of Department of Veterans. One of two field offices in Texas is located at the Veterans Hospital in Dallas. Currently under Texas law a VA inspector or agent cannot perform an arrest on a felony or felony warrant at that facility. What this particular bill does is adds that particular office to the legislation that basically indicates that they are, in fact, a peace officer in the state of Texas. I move to suspend the regular order of business.

SENATOR KEVIN ELTIFE: Senator West moves suspension of the regular order of business to take up and consider SB150. Is there objection? Chair hears none, rules are suspended. The Chair lays out on second reading SB150. The secretary will read the caption.

PATSY SPAW: SB150 relating to granting limited state law enforcement authority to special agents of the office of inspector general of the United States Department of Veteran Affairs.

SENATOR KEVIN ELTIFE: Senator West is recognized for a motion.

SENATOR ROYCE WEST: Move passage to engrossment.

SENATOR KEVIN ELTIFE: Senator West now moves passage to engrossment. Is there objection? Chair hears none, SB150 is passed to engrossment. Senator West is now recognized for a motion to suspend the constitutional three day rule.

SENATOR ROYCE WEST: So moved.

SENATOR KEVIN ELTIFE: 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 KEVIN ELTIFE: 30 ayes, one nay, the rule is suspended. The Chair lays out on third reading and final passage SB150. The secretary will read the caption.

PATSY SPAW: SB150 relating to granting state law enforcement authority to special agents of the office of inspector general.

SENATOR KEVIN ELTIFE: Senator West is recognized for a motion.

SENATOR ROYCE WEST: Mr. President, at this time I move final passage of Senate Bill 150.

SENATOR KEVIN ELTIFE: Senator West moves final passage of SB150. 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 KEVIN ELTIFE: 31 ayes, zero nay, SB150 is finally passed. Congratulations, Senator West. Senator Rodriguez is recognized for a motion to suspend the regular order of business on Committee Substitute SB1197.

SENATOR JOSE RODRIGUEZ: Thank you, Mr. President and members. A Committee Substitute to Senate Bill 1197 deals with several issues on the Texas property code. This one relating to trust, the one we just passed a while ago was guardianships, but this is very similar. Senate Bill 1197 is part of an ongoing review of the Texas probate, guardianship and trust law undertaken by the real estate probate and trust law sections of the state bar of Texas. The companion to Senate Bill 1197 House Bill 1813 by Representative Hartnett was recommended for the House local and consent calendar for the House judiciary and civil jurisprudence last week. Mr. President and members, I move that we suspend the regular order of business and all necessary rules to take up and consider Committee Substitute for Senate Bill 1197.

SENATOR KEVIN ELTIFE: Senator Rodriguez moves suspension of the regular order of business to take up and consider Committee Substitute SB1197. Is there objection? Chair hears none, rules are suspended. The Chair lays out on second reading Committee Substitute SB1197. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 1197 relating to trusts.

SENATOR KEVIN ELTIFE: Senator Rodriguez recognized for a motion.

SENATOR JOSE RODRIGUEZ: Mr. President and members, I move passage to engrossment.

SENATOR KEVIN ELTIFE: Senator Rodriguez now moves passage to engrossment. Is there objection? The Chair hears none, Committee Substitute to Senate Bill 1197 is passed to engrossment. Senator Rodriguez is recognized for a motion to suspend the constitutional three day rule.

SENATOR JOSE RODRIGUEZ: Mr. President and members, I move to suspend the constitutional rule that bills be read on three several days.

SENATOR KEVIN ELTIFE: 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 KEVIN ELTIFE: 30 ayes, one nay, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute SB1197. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB1197 relating to trust.

SENATOR KEVIN ELTIFE: Senator Rodriguez recognized for a motion.

SENATOR JOSE RODRIGUEZ: Mr. President and members, I move final passage.

SENATOR KEVIN ELTIFE: Senator Rodriguez now moves final passage of Committee Substitute SB1197. 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 KEVIN ELTIFE: 31 ayes, zero nay, Committee Substitute SB1197 is finally passed. Congratulations, Senator.

SENATOR JOSE RODRIGUEZ: Thank you, Mr. President and members.

SENATOR KEVIN ELTIFE: Senator Patrick is recognized for a motion to suspend the regular order of business SB947.

SENATOR DAN PATRICK: Thank you, Mr. President and members. I rise to suspend the regular order of business on Senate Bill 947. Currently there are a different number of federal agents, officers and investigators who perform federal law investigative duties in Texas. These officers are limited arrest authority for violations of Texas law under article 2122. Many federal officers work hand in hand with local law enforcement while performing their duty, with federal law officers with these law officers are in many cases in uniform and armed and the public expects them to take action if a crime is committed or disturbance breaks out. The current statute limits some federal officers from arrest for felony offenses that occur in their presence. Senate Bill 947 allows for the federal law enforcement agents, officers and investigators inners that are performing duties in the state to have arrest and investigative authority for felony offenses. The agents authorized by this bill include Homeland Security officers, national park service officers and national forest service offices. Notably this will also enable Customs and Border Patrol agents to make felony arrests on the border which will provide support and backup for our state officers in the area and our combined law enforcement agencies support this bill.

SENATOR KEVIN ELTIFE: Senator Hinojosa, for what purpose?

SENATOR JUAN HINOJOSA: To ask my good friend Senator Patrick a question.

SENATOR KEVIN ELTIFE: Senator Patrick yield?

SENATOR DAN PATRICK: It would not be a bill on a normal day if Senator Hinojosa did not recognize to ask me a question.

SENATOR KEVIN ELTIFE: I think that's a yes.

SENATOR JUAN HINOJOSA: Senator Patrick, are we extending federal jurisdiction over states?

SENATOR DAN PATRICK: No, we are -- as you well know our law enforcement is stretched think in many areas, whether it's local, county. And we do have these classification of officers that are in uniform and armed and could stop crime or make arrests and are not allowed to and our local law enforcement agencies have said, we would like their help if they're available for felonies.

SENATOR JUAN HINOJOSA: Does this conflict with our 5th Amendment state rights?

SENATOR DAN PATRICK: It does it not in my view.

SENATOR JUAN HINOJOSA: Doesn't conflict sovereignty?

SENATOR DAN PATRICK: No, no.

SENATOR JUAN HINOJOSA: I mean, more and more I see you turn into a good Democrat.

SENATOR DAN PATRICK: Thank you, Senator Hinojosa, for your support. I move suspension.

SENATOR KEVIN ELTIFE: Thank you, Senator Hinojosa. Senator West, for what purpose?

SENATOR ROYCE WEST: Just a question of my good friend.

SENATOR KEVIN ELTIFE: Senator Patrick yield?

SENATOR ROYCE WEST: Senator Patrick, as it relates to the bill.

SENATOR DAN PATRICK: Yes.

SENATOR ROYCE WEST: And I just passed a bill, thank you for your support of it but are we giving these federal agents authority to arrest anywhere in the state of Texas? The same authority that we give law enforcement officers?

SENATOR DAN PATRICK: Yes. As you well know --

SENATOR ROYCE WEST: Or are we giving them authority to arrest at their particular governmental entity?

SENATOR DAN PATRICK: No, we're giving them authority to assist local police, wherever that may be, although we have a lot of border patrol agents, for example, in many of our cities, and so if these officers are there to assist and witness a crime, a felony, a state felony, they can assist, yes.

SENATOR ROYCE WEST: Okay. Thank you.

SENATOR DAN PATRICK: Thank you.

SENATOR KEVIN ELTIFE: Thank you, Senator West. Senator Patrick moves suspension of the regular order of business to take up and consider SB947. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading SB947. The secretary will read the caption.

PATSY SPAW: SB947 relating to granting limited state law enforcement authority to certain criminal investigators of the United States government.

SENATOR KEVIN ELTIFE: Senator Patrick recognized for a motion.

SENATOR DAN PATRICK: I move to engrossment.

SENATOR KEVIN ELTIFE: Senator Patrick now moves passage to engrossment. Is there objection? Chair hears none, SB947 is now passed to engrossment. Senator Patrick is now recognized for a motion to suspend the constitutional three day rule.

SENATOR DAN PATRICK: So moved.

SENATOR KEVIN ELTIFE: 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 KEVIN ELTIFE: 30 ayes, one nay, the rule is suspended. Chair lays out on third reading and final passage SB947. The secretary will read the caption.

PATSY SPAW: SB947 relating to granting limited state law enforcement authority to certain criminal investigators.

SENATOR KEVIN ELTIFE: Senator Patrick is now recognized for a motion.

SENATOR DAN PATRICK: I move final passage, Mr. President.

SENATOR KEVIN ELTIFE: Senator Patrick now moves final passage of SB947. 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 KEVIN ELTIFE: 31 ayes, zero nays, SB947 is finally passed.

SENATOR DAN PATRICK: Thank you, Mr. President. Thank you, members. Thank you, Senator Hinojosa.

SENATOR CHRIS HARRIS: Mr. President.

SENATOR KEVIN ELTIFE: Senator Harris.

SENATOR CHRIS HARRIS: Are we on a break or something?

SENATOR KEVIN ELTIFE: We are about to take a break but not yet.

SENATOR CHRIS HARRIS: I was just wondering.

SENATOR KEVIN ELTIFE: We're close to a break.

SENATOR CHRIS HARRIS: Thank you.

SENATOR KEVIN ELTIFE: Thank you for your inquiry, Senator Harris. Chair lays out as a matter of postponed business Committee Substitute SB5. Secretary please read the caption.

PATSY SPAW: Committee Substitute SB5 relating to the administration and business affairs of public institutions of higher education.

SENATOR JUDITH ZAFFIRINI: Mr. President.

LT. GOVERNOR DAVID DEWHURST: Senator Zaffirini.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. I believe that when we laid out and took off, we were considering amendment No. 7 and I raised a point of order that amendment No. 7 is not germane to the Committee Substitute for Senate Bill 5. There are five reasons: First the Committee Substitute for Senate Bill five relates only to administrative and business affairs of public institutions of higher education while amendment seven relates to public and private institutions of higher education. Senate Bill 7 never ever even in its original draft pertain to private institutions of higher education. Second, the subject of a Committee Substitute for Senate Bill 7 is the administration and business affairs of public institutions of higher education while amendment seven pertains to guns on campus and has nothing to do with the administration and business affairs of public institutions of higher education. Third, the Committee Substitute for Senate Bill 7 amends eight codes: Education, government, natural resources, tax, utilities, insurance, labor, and health and safety while amendment seven focuses on the penal code. Four, the Committee Substitute for Senate Bill 7 has nothing to do with collegiate sporting events particularly to those at off campus sites but amendment seven does. Fifth, amendment seven for Senate Bill 7 addresses the single subject of the administration and business affairs of public institutions of higher education and amendment seven violates rule 7.15 which is predicated on article three section 30 of the Texas constitution. I quote, "No law shall be passed except by bill and no bill shall be so amended in its passage through either House so as to change its original purpose." Moreover the purpose of this constitution provision as explained in the interpretive comments is as follows and I quote, "The provision that a bill shall not be amended on its passage through either House so as to change its original purpose as its prohibition designed to prevent confusion in the statutes and contributes to keeping legislators fully informed with respect to the proposed amendments." Moreover, citizens have an interest in proposals before the legislature and go before legislative committees to express that interest. Hence, committees have reported on certain proposals fair play demands, I repeat fair play demands that nothing novel be placed there in amendment for such were permitted, citizens would be exposed to surprise. Senate Bill 7 was heard by the Senate higher education committee on March 30th, eight witnesses testified for this bill. I can assure you that none of those witnesses ever contemplated the addition of guns on campus. It is evident, Mr. President and members, that amendment seven by Senator Wentworth violates the one subject rule and is not limited to the subject of Senate Bill 7 relating to the administration and business affairs of public institutions of higher education. Accordingly, the amendment is not germane and violates Senate Bill 715. I'm happy to bring it up.

SENATOR KEVIN ELTIFE: Senator Zaffirini, please bring your point of order forward. Senator Wentworth. Senator Wentworth.

SENATOR JEFF WENTWORTH: Mr. President, I'll pull down floor amendment No. 7.

SENATOR KEVIN ELTIFE: Senator Wentworth pulls down floor amendment No. 7.

SENATOR JUDITH ZAFFIRINI: Mr. President.

SENATOR KEVIN ELTIFE: Yes, Senator Zaffirini.

SENATOR JUDITH ZAFFIRINI: I move the previous question which is passage to engrossment. I move passage to engrossment.

SENATOR RODNEY ELLIS: And I second that, Mr. President.

SENATOR JEFF WENTWORTH: Mr. President, point of order.

SENATOR JUDITH ZAFFIRINI: There's a motion on the floor, Mr. President, and it's --

SENATOR JEFF WENTWORTH: Parliamentary point of order.

SENATOR KEVIN ELTIFE: Senator Wentworth, state your point of order.

SENATOR JEFF WENTWORTH: My point of order is that I have floor amendment No. 8 that's been filed at the desk for several days and I think that's the next point.

SENATOR JUDITH ZAFFIRINI: Mr. President, there is a motion on the floor. It is not debatable. I move the previous question. I have five seconds and I move passage to engrossment of the Committee Substitute for Senate Bill 7.

SENATOR KEVIN ELTIFE: The motion to move the previous question cuts off all amendments and debate. There are five seconds.

SENATOR JUDITH ZAFFIRINI: Mr. President, I move passage to engrossment.

SENATOR TOMMY WILLIAMS: Mr. President.

SENATOR KEVIN ELTIFE: Senator Williams, for what purpose?

SENATOR TOMMY WILLIAMS: Parliamentary inquiry.

SENATOR KEVIN ELTIFE: State your inquiry.

SENATOR TOMMY WILLIAMS: I would like to know how many amendments this body will not be able to consider because the question has been moved. I understand there's some pending amendment up here, and I just need to know how many will not be considered.

SENATOR KEVIN ELTIFE: We'll get you an answer, Senator Williams.

SENATOR TOMMY WILLIAMS: Thank you.

SENATOR KEVIN ELTIFE: Two, Senator Williams not including the amendment to the amendment.

SENATOR TOMMY WILLIAMS: Okay. So as I understand it then we -- Senator Zaffirini has moved the previous question, the effect of that is we have two amendments that have been filed that this body is not going to consider. And then the question before the body is whether it's an up or down vote on the Committee Substitute to Senate Bill 7 as amended so far. Because we were on amendment No. 7 you think, right?

SENATOR JUDITH ZAFFIRINI: Mr. President.

SENATOR KEVIN ELTIFE: Senator Williams, we have to vote on Senator Zaffirini's motion first and if it prevails, then we will take it up.

SENATOR TOMMY WILLIAMS: What's the question? What are we voting on, to move the previous question or voting on the bill?

SENATOR KEVIN ELTIFE: On engrossment. We're moving --

SENATOR TOMMY WILLIAMS: We're moving, this is passage to engrossment? But the effect of that vote is that we're not going to be able to consider these other amendments; is that correct?

SENATOR KEVIN ELTIFE: That is correct, Senator Williams.

SENATOR JUDITH ZAFFIRINI: Mr. President.

SENATOR KEVIN ELTIFE: Senator Zaffirini.

SENATOR JUDITH ZAFFIRINI: The amendments can be considered on third reading.

SENATOR KEVIN ELTIFE: That is correct.

SENATOR JEFF WENTWORTH: Mr. President, point of order. My understanding is Senator Zaffirini may move the previous question, she has five seconds, but I haven't heard that the body has voted on that motion yet. That was Senator Williams' question, what was the next vote and I understood the Chair to say it would be on her motion of passage to engrossment.

SENATOR KEVIN ELTIFE: That's correct.

SENATOR JEFF WENTWORTH: But that's not right. It's a motion --

SENATOR KEVIN ELTIFE: The vote is on her motion to table.

SENATOR JEFF WENTWORTH: The previous question to table.

SENATOR KEVIN ELTIFE: Yes, sir. Members, Senator Zaffirini has moved the previous question, the question is shall the main question be put. The secretary will please 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 KEVIN ELTIFE: 13 ayes, 18 ayes, the motion falls. The following amendment. Secretary read the amendment.

PATSY SPAW: Floor amendment No. 8 by Wentworth.

SENATOR KEVIN ELTIFE: Members, we'll wait until every member has a copy of this amendment. Senator Wentworth to explain the amendment.

SENATOR JEFF WENTWORTH: Mr. President, I'm actually waiting for my copy as well. Mr. President, this is essentially Senate Bill 354. We've taken out any reference to private institutions so that private institutions would be totally unaffected by this amendment. We've taken out any reference to athletic events. And what it allows is I think everyone on the floor now knows it's for those people who have licenses to carried concealed weapons to actually go on campus, into classrooms and dormitories on campus. It included -- I think that takes care of it actually, Mr. President. I move adoption of floor amendment No. 8.

SENATOR JUDITH ZAFFIRINI: Mr. President.

SENATOR KEVIN ELTIFE: Senator Zaffirini.

SENATOR JUDITH ZAFFIRINI: I'm trying to get another copy of the amendment, if I may see it. Senator Wentworth -- if I may ask a question of Senator Wentworth, Mr. President.

SENATOR KEVIN ELTIFE: Senator Wentworth yield?

SENATOR JEFF WENTWORTH: I yield.

SENATOR JUDITH ZAFFIRINI: What are the changes between this amendment and the one that was just found not germane?

SENATOR JEFF WENTWORTH: Well, we deleted any references to private institutions, we deleted any reference to athletic events, those are the two principle differences.

SENATOR JUDITH ZAFFIRINI: Mr. President.

SENATOR KEVIN ELTIFE: Senator Zaffirini.

SENATOR JUDITH ZAFFIRINI: I raise a point of order that amendment No. 8 is not germane for Committee Substitute for Senate Bill 7 for the other reasons I brought up and I will not reread them. But the other reasons that made amendment No. 7 not germane to Senate Bill 8. He has addressed two of the obstacles to germaneness not to the others and I'd like to bring up that point of order and not read them to the body.

SENATOR KEVIN ELTIFE: Senator Zaffirini, if you would bring your point of order forward. The point of order is respectfully overruled. The following amendment to the amendment by Ellis. Secretary please read the amendment to the amendment.

PATSY SPAW: Floor amendment No. 9 amending floor amendment No. 8 by Ellis.

SENATOR RODNEY ELLIS: Thank you, Mr.--

SENATOR KEVIN ELTIFE: Senator Ellis, if you would wait one sec. Let's make sure everybody has the amendment to the amendment. Thank you, Senator Ellis. Will you please explain the amendment to the amendment?

SENATOR RODNEY ELLIS: Thank you, Mr. President. What this amendment does is simply provide that all those public university students, faculty and staff who have been calling our offices to keep guns off their campuses, this amendment would simply give local control to public universities to establish rules and regulations to prohibit license holders from carrying handguns in classrooms and permits its owner to operate it by the university after consulting with students, staff and faculty. There are many sensitive areas on college campuses like student health care settings, mental health centers, child care centers, emergency crisis centers, employee grievance hearing rooms and research laboratories where public and private universities should be allowed to regulate the carrying of concealed handguns. Of course his amendment in this bill only plays to public universities so I'm essentially giving them the same right that our private universities would have. We should not be mandating guns in our classrooms, public university students and faculty members should have the same right to keep their campuses gun free and this amendment will give them that right. And I believe the amendment is acceptable to the author of the bill.

SENATOR JUDITH ZAFFIRINI: It is acceptable to the author of the bill.

SENATOR KEVIN ELTIFE: Senator Wentworth.

SENATOR JEFF WENTWORTH: I think this is an amendment to the amendment so the author of the bill doesn't typically ordinarily have a say. No, it's not acceptable.

SENATOR JUDITH ZAFFIRINI: The author of the bill always has an opinion, Senator.

SENATOR JEFF WENTWORTH: I'm well aware of that. And I love you, Senator Zaffirini. The amendment is not acceptable to me. We've taken private institutions out so they're not affected by this at all. Actually the adoption of this amendment would simply gut the bill -- or the amendment rather and leave the status quo. So I respectfully move to table the amendment to the amendment.

SENATOR KEVIN ELTIFE: Senator Ellis to close.

SENATOR RODNEY ELLIS: Mr. President, if you notice, I chose my words very carefully, I said the amendment was acceptable to the author of the bill, I have tremendous respect for the author of the amendment but he's simply gone off the deep end on this one. Can any of you imagine back when you were in school and going in to talk to a professor about your grade. Can you put yourself in the shoes of a professor when a student is coming in to talk about a grade you've given them and maybe they didn't do as well in the course as they thought they should have done in the course. To create these two separate classes where private universities would be able to come up with a policy, if they want to have guns on their campus but our public universities wouldn't. That's just ridiculous in my judgment. So, members, I hope that you go beyond the politics and think about this very, very seriously. We already know that the cost of implementing this is going to be astronomical for many of our public universities, community colleges I'm sure have called your offices and have given you some idea what liability insurance is going to cost. So I would urge you to vote against -- respectfully vote against my friend Senator Wentworth's motion to table this amendment.

SENATOR KEVIN ELTIFE: Members, Senator Wentworth has moved to table the amendment to the amendment by Ellis. Will the secretary please 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 KEVIN ELTIFE: There being 19 ayes, 12 nays, the motion to table prevails. The following amendment to the amendment by Zaffirini. Secretary please read the amendment.

PATSY SPAW: Floor amendment No. 10 amending floor amendment No. 8 by Zaffirini.

SENATOR KEVIN ELTIFE: We'll make sure the members have the amendment in their hand. Senator Zaffirini to explain the amendment to the amendment.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. Mr. President and members, this amendment to amendment No. 8 would require student referendums basically would require that a public institution of higher education shall adopt rules, regulations and other provisions prohibiting license holders from carrying handguns on premises that are owned or operated by the institution if such a prohibition is approved by a majority vote of the students enrolled at the university and who participate in the general student election held for that purpose. Members, this amendment mirrors the language already contained throughout the education code which prohibits certain student fees such as athletic, student union or transportation fees. Unless approved by a majority vote of the students enrolled at that university. It is only appropriate, members, that if we are willing to hold a student referendum for an increase of student fees, we should do the same for allowing of guns on the campus of a public institution of higher education. Mr. President, I move adoption.

SENATOR KEVIN ELTIFE: Senator Wentworth on the amendment to the amendment.

SENATOR JEFF WENTWORTH: I'm in opposition to Senator Zaffirini's amendment. There's a significant difference between student fees and a constitutional right under the second amendment to the United States constitution and in my judgment we don't need a patchwork of different regulations from campus to campus throughout this state. We need to have a uniform state law and that's why I respectfully move to table amendment to amendment -- amendment ten to amendment No. 8.

SENATOR KEVIN ELTIFE: Senator Zaffirini to close.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. Mr. President and members, I urge you to vote against the motion to table. It is a fact that students are able to vote on other issues such as student fees and they certainly should vote on something that is so important to them, something that concerns not only their safety as some would describe but also the dangers posed by handguns on campuses. And I believe very, very strongly, Mr. President and members, that the students should have a voice. I urge you to vote against the motion to table this important amendment.

SENATOR KEVIN ELTIFE: Thank you, Senator Zaffirini. Members, Senator Wentworth has made a motion to table floor amendment No. 10 to floor amendment No. 8. 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 KEVIN ELTIFE: 19 ayes, 12 nays, the motion to table prevails. The following amendment by Van de Putte, secretary read the amendment.

PATSY SPAW: Floor amendment No. 11 amending floor amendment No. 8 by Van de Putte.

SENATOR KEVIN ELTIFE: Senator Van de Putte to explain the amendment to the amendment.

SENATOR LETICIA VAN DE PUTTE: Thank you, Mr. President and members. Members, we have a certain situation in some of our institutions of higher Ed because they are health science centers that the hospital is connected straight to them and I know that Senator Wentworth's bill has been about campus and certainly right now a hospital that is owned by the county or maintained or operated I think would not fall under this but we have a particular issue in San Antonio. The hospital is University Hospital and it is physically connected to the medical school. Now, my amendment would exempt only the medical school at the University of Texas Health Science Center and it does so because it is connected physically in each of the eight floors to the hospital. It is -- in fact it's almost hard to -- looks kind of like one building. I did this restricting only to that medical school building. Not the dental school, not the nursing school, not the allied health school so everything on that institution of higher education which is our health science campus would adhere to the requirements that Senator Wentworth -- it's this one building and only because it is connected to our public hospital. Has always been that case in fact for the last 40 years. And so, members, I had originally talked to Senator Wentworth about this but I don't believe that it's going to be acceptable. But I wanted to make the attempt because we have hospitals exempted and that one medical building is totally connected to that hospital and in my effort to be consistent with doctors, nurses and there are some patients that go back and forth to be consistent. And so I would move adoption of the amendment.

SENATOR KEVIN ELTIFE: Senator Wentworth on the amendment to the amendment.

SENATOR JEFF WENTWORTH: Actually, Mr. President Senator Van de Putte talked to me about this sometime ago and the president of the UT Health Science Center San Antonio came and visited with me about it and I thought seriously about maybe accepting this until I began getting e-mails from physicians who work there and who do not want this exception. They want to be able to legally carry. So I respectfully move to table Senator Van de Putte's amendment.

SENATOR KEVIN ELTIFE: Senator Van de Putte to close.

SENATOR LETICIA VAN DE PUTTE: Thank you, members. I won't take your time again. This is a very difficult situation. It's the only one where the hospital is connected and it's only to the medical school itself. And so I respectfully request vote no on the motion to table.

SENATOR KEVIN ELTIFE: Members, Senator Wentworth has made a motion to table floor amendment No. 11 amending floor amendment No. 8. Secretary please 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 KEVIN ELTIFE: 20 ayes, 11 nays, the motion to table prevails. The following amendment by Davis. Secretary please read the amendment.

PATSY SPAW: Floor amendment No. 12 amending floor amendment No. 8 by Davis.

SENATOR KEVIN ELTIFE: Senator Davis to explain the amendment.

SENATOR WENDY DAVIS: Thank you, Mr. President. This amendment is similar to the amendment that Senator Ellis laid out earlier. Senator Ellis' amendment would have allowed public institutions after working with their student body and others to establish rules and regulations prohibiting the carrying of handguns. This allows that consideration to occur but gives final say on those rules and regulations that might be established to the governing board of the institution that would be put in the position of approving the new rule, regulation or other provision by a majority vote. Now, of course, these governing boards as we know are appointed boards, we know who appointed them. It would still allow an opportunity for considerations from that level of appointment to be included in the decision making. I think it's only fitting that those that we've entrusted with the governing of our public institutions also be entrusted with governing on this particular question on this particular issue. And I would move adoption of amendment 12 to amendment No. 8.

SENATOR KEVIN ELTIFE: Senator Wentworth on floor amendment No. 12 to floor amendment No. 8.

SENATOR JEFF WENTWORTH: Mr. President, I oppose this amendment as well on the same basis that I opposed Senator Ellis' amendment. It would essentially gut the whole idea of Senate Bill 354 and I respectfully move to table the amendment.

SENATOR KEVIN ELTIFE: Senator Davis to close on floor amendment 12.

SENATOR WENDY DAVIS: As Senator Wentworth just said, the most important thing about this amendment is it would gut his amendment. What Senator Wentworth understands is that boards of regents of our public universities would choose not to do this. It guts his amendment because he understands that the boards of regents of our public university systems are opposed to his bill in the form of an amendment to Senator Zaffirini's bill, they're opposed to the idea that students and teachers would be carrying concealed handguns and permitted to do so on their campuses. These are the people who are entrusted with running our universities. Senator Wentworth, with all due respect, and you're right, it guts your amendment because they don't agree it's a good idea. And if we put it in their hands, we've put all other decisions in their hands with regard to the running of those institutions, if we put this decision in their hands, they would choose otherwise. I would move adoption of the amendment No. 12 to amendment No. 8.

SENATOR KEVIN ELTIFE: Senator Wentworth has made a motion to table floor amendment No. 12. 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 KEVIN ELTIFE: 19 ayes, 12 nays, the motion to table prevails. The following amendment. Senator West, for what purpose?

SENATOR ROYCE WEST: Before the following amendment is laid out, I just have a question of my friend Senator Wentworth.

SENATOR KEVIN ELTIFE: Senator Wentworth yield?

SENATOR JEFF WENTWORTH: I'm happy to yield, Senator West.

SENATOR ROYCE WEST: Senator Wentworth, boards of regents, what issue do you have with allowing board of regents to make this decision?

SENATOR JEFF WENTWORTH: I use to serve as a regent.

SENATOR ROYCE WEST: So what are you trying to say? The board of regents don't have common sense or what?

SENATOR JEFF WENTWORTH: That's not my full answer or serious answer. My answer is I believe this is an issue that the state legislature ought to decide on a statewide basis for all the institutions of higher education instead of having individual board of regents have a patchwork. We don't know actually whether what Senator Davis said is true. I am not convinced that all the board of regents would do that. I think some would and some would not. I do know there are some university presidents that are in favor of this bill and any number of college professors and legions of college students themselves that want this bill to pass. Some of those college professors are reluctant to be publicly identified because people higher up in their food chain have expressed opposition to this bill but I'm mainly of a belief that the legislature ought to make that decision on a statewide basis.

SENATOR ROYCE WEST: Okay. Let me ask you this. In all seriousness as it relates to the board of regents, do you think it more important to have the board of regents decide whether or not to increase tuition over whether or not to allow guns on campuses?

SENATOR JEFF WENTWORTH: Senator, that's a bill I think you may remember I was against.

SENATOR ROYCE WEST: That's the reason I am asking the question.

SENATOR JEFF WENTWORTH: I thought that the legislature ought to make that decision rather than board of regents, but I was out voted on that.

SENATOR ROYCE WEST: This body decided that we would give board of regents the ability to -- or the legislature decided that we give the board of regents the ability to set tuition.

SENATOR JEFF WENTWORTH: Right.

SENATOR ROYCE WEST: But you don't think it wise to give board of regents the ability to determine whether or not to allow guns on campuses.

SENATOR JEFF WENTWORTH: No, I do not --

SENATOR ROYCE WEST: Let me ask this question.

SENATOR JEFF WENTWORTH: -- anymore than I was appropriate.

SENATOR ROYCE WEST: Do you believe that the board of regents should be able or not to get additional training --

SENATOR JEFF WENTWORTH: Royce, Royce. Senator, let me finish the answer if you would.

SENATOR ROYCE WEST: Okay. Go ahead. I apologize.

SENATOR JEFF WENTWORTH: I don't think it's appropriate, I think it's more appropriate for us to make that decision on concealed carry and tuition. I got out voted on tuition.

SENATOR ROYCE WEST: No, we got out voted.

SENATOR JEFF WENTWORTH: Two or three sessions ago and that's now in the hands of people that are nominated by the governor, confirmed by the Senate and serve six year terms but they're not accountable to voters as you and I are.

SENATOR ROYCE WEST: Okay. As it relates to -- do you think there should be any additional training for individuals carrying weapons on college campuses?

SENATOR JEFF WENTWORTH: I don't think there's any necessity for any more training than is required now for people to become licensed.

SENATOR ROYCE WEST: Well, you would agree with me that you have more people congregated on campuses than you would otherwise, wouldn't you agree with that?

SENATOR JEFF WENTWORTH: No, sir. Not necessarily. I mean, you go in a shopping mall or drugstore or grocery store and there are hordes of people there. I'm not sure they congregate any greater on college campuses than somewhere else.

SENATOR ROYCE WEST: That's a fair response. And the individuals that on college campuses assuming that this passes, that would be able to carry would have to be at least 21; is that correct?

SENATOR JEFF WENTWORTH: That's correct. The only exception to that is if you've been on active duty in the military or serving active duty in the military and have that training that's requisite to be on active duty.

SENATOR ROYCE WEST: Most of the students then would have a right to carry on campuses would be the upper classmen then, right?

SENATOR JEFF WENTWORTH: If the case is true in Texas as it would be -- as it is in Utah and Colorado they'd be mainly be members of the faculty, staff, graduate students and law students and some seniors. If you're a traditional sophomore, junior right out of high school, you're 17, 18, 19 or 20 years old and you're not eligible even to apply for a concealed handgun carrying license.

SENATOR ROYCE WEST: Okay. Thank you very much, Senator Wentworth.

SENATOR JEFF WENTWORTH: Thank you.

SENATOR KEVIN ELTIFE: Thank you, Senator West. The following amendment by Lucio. Secretary read the amendment to the amendment.

PATSY SPAW: Floor amendment No. 13 amending floor amendment No. 8 by Lucio.

SENATOR KEVIN ELTIFE: Senator Lucio to explain the amendment.

SENATOR EDDIE LUCIO: Thank you, Mr. President. Members, this is a very, very important amendment. This amendment will exempt campuses that share space with a primary or secondary school. This amendment ensures that this bill will not interfere with current federal or state statute. Several high school -- higher education campuses currently share property with primary and secondary schools, therefore this amendment is necessary to uphold the quote "gun free school zones act." I believe this amendment helps balance our constitutional rights while looking out for the safety of our young students. Now, in my district, the Texas A&M Kingsville campus in Kingsville Texas, is shared with the St. (inaudible) Academy High School. And it has been brought to my attention over the last few weeks that parents in my district are not comfortable with the thought of their teenagers around guns. Though I do believe guns if used properly can be a positive thing, I think it is in the best interest to keep them away from primary and secondary schools. Move adoption of my amendment.

SENATOR KEVIN ELTIFE: Senator Wentworth on floor amendment No. 13 amending 8.

SENATOR JEFF WENTWORTH: Mr. President, my bill at the bottom of page four and at the top of page five already addresses the concern that Senator Lucio discussed. The difference between the amendment that I have offered and his amendment is he would have the entire university campus exempt from the law. This bill -- my amendment rather exempts the preschool, the premises of a preschool, elementary or secondary school that's located on the premises of a higher education. So I believe it's unnecessary. I move to table the Lucio amendment.

SENATOR KEVIN ELTIFE: Senator Lucio to close on the amendment.

SENATOR EDDIE LUCIO: Members, we need to look very carefully at what we're doing here. The reason, Senator Wentworth, your amendment is not going to work in my district is because the high school campus in Kingsville is not confined to a single building. They share facilities with the university. It is impossible to enforce your amendment. So we need to exempt the university not the primary, junior high or high school. We're talking about exempting the university. Your wording in your bill, if you really want to help me with this, you'll accept this because it makes it clear what the intent of this amendment, of your amendment really is and that is to make sure that's what's happening in my district is something we take seriously here. So, members, I would ask you to please look at this very carefully because we're dealing with young people here whose lives may be in danger and whose parents want to make sure that they're not in any kind of harm's way, you know, at that local university. So I would ask you to vote no in tabling the motion by Senator Wentworth.

SENATOR KEVIN ELTIFE: Thank you, Senator Lucio. Members, Senator Wentworth has a motion is to table floor amendment No. 13 amending No. 8. 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 KEVIN ELTIFE: 20 ayes, 11 nays, the motion to table prevails. Senator Gallegos, did you wish to be recognized?

SENATOR MARIO GALLEGOS: Will the author of the amendment yield to questions?

SENATOR KEVIN ELTIFE: Senator Wentworth yield?

SENATOR JEFF WENTWORTH: Happy to yield to Senator Gallegos.

SENATOR MARIO GALLEGOS: Senator Wentworth, let me ask you, do you -- Senator Lucio's amendment that you just tabled, and I just want to get it for legislative intent because I've been getting calls by my colleges and one college in particular San Jacinto college has 2,000 either middle school or secondary students on campus. Now, I guess -- and I see your language here I just want for legislative intent if those kids go on campus and this is on a regular -- with the dual credit approved program that we have going on, most of the colleges in my district have high school kids on a regular basis on campus. We're talking about as young as 14 all the way to 17-year-old kids on campus. Now, under your amendment, is it legislative, is it your intent that if those kids are on campus either at the University of Houston, San Jacinto college, Lone Star college, these are colleges that are in my district. Houston Community College. That handguns cannot be, when they're on campus, which is most of the time, handguns cannot be carried on campus at those universities? Is that your legislative intent in this amendment?

SENATOR JEFF WENTWORTH: No, sir. My legislative intent is clearly outlined on the bottom of page four as I said and the top of page five subsection A1B does not permit a person to possess a concealed handgun or go with a concealed handgun on the premises of a preschool, elementary school or secondary schools that are located on the physical premise of an institution of higher education. So the -- I think it's a preschool or elementary school that's on the campus, for example, Senator Ellis' district at Stephen F. Austin University you would not be allowed to carry a concealed weapon on the premises of that particular school nor would you be permitted to go into the building in Kingsville, on the campus of Texas A&M Kingsville in Senator Lucio's district because there is either a primary or secondary school located on the university campus. So no, you could not go in those buildings. But your question I think was wherever these kids are on campus are handguns going to be restricted, no, they're not. They'll be restricted from those premises of schools that are on the campus of an institution of higher education. Public institution of higher education.

SENATOR MARIO GALLEGOS: So you're saying, okay, Senator Lucio's amendment had campuses, straight up campuses that are on college grounds. I'm talking about the kids that are going from a certain high school on campus for the dual credit programs that we passed out of this legislature, kids between 14 and 17 years of age that are on campus taking courses on university campuses, so you're saying that you're going to allow guns when those kids are on campus. Is that what you're saying? When those high school kids are -- is that what I'm getting?

SENATOR JEFF WENTWORTH: Senator, the same thing applies when those 14 or 17 years old -- for that matter six years old or 12 years old go to a shopping mall or go to HEB to shop for groceries or go to CVS pharmacy where licensed sed concealed carry -- persons are present, yes, we have --

SENATOR MARIO GALLEGOS: I am not talking about a shopping mall, I'm talking about a college campus, a place of higher education.

SENATOR JEFF WENTWORTH: The analogy is the same, Senator.

SENATOR MARIO GALLEGOS: I beg to differ. So what you're saying, I just went to get it so I get it clear, I know what Senator Lucio's amendment was, I know what your language was. I just want to make it clear that high school kids and some middle school kids going on college campuses for the dual credit program that was passed out of this legislature that you will allow guns even though those high school kids, in some cases middle school kids are on campus, is that what you're saying?

SENATOR JEFF WENTWORTH: Yes, sir.

SENATOR MARIO GALLEGOS: Okay, thank you.

SENATOR KEVIN ELTIFE: Thank you, Senator Gallegos.

SENATOR JEFF WENTWORTH: There's a premise though. The premise is of a school building that's in a university campus. They'd be exempt in that building or on those buildings.

SENATOR KEVIN ELTIFE: Following floor amendment by Ellis. Secretary please read the amendment to the amendment.

PATSY SPAW: Floor amendment No. 14 amending floor amendment No. 8 by Ellis.

SENATOR KEVIN ELTIFE: Senator Ellis, if you would give us just a minute to make sure the members have it in their hands. Senator Ellis to explain the amendment.

SENATOR RODNEY ELLIS: Thank you, Mr. President and members. Senator Wentworth said when he initially brought this issue up that it would not raise the liability insurance rates for our community colleges and our four year institutions of higher education. I'm offering this amendment after learning that universities have been told that their liability insurance rates could go up 15 to 25 percent if concealed handguns are allowed on the campus. This amendment to Senator Wentworth's amendment Senate Bill 7 would reimburse public institutions of higher education for higher liability insurance premiums due to concealed weapons being allowed on campus. These high premiums amount to an unfunded mandate and I know that many of you have spoken out against unfunded mandates and I would suggest that his amendment to this bill is the biggest unfunded mandate we've had on the floor at least today. And at a time when the universities are cutting budgets, the state should be willing to pay if we're going to mandate that guns be allowed in university classrooms. I would move adoption of this amendment based on what Senator Wentworth has said previously, I'm assuming it ought to be acceptable to the author unless somebody's holding a gun to his head to keep it from being accepted.

SENATOR KEVIN ELTIFE: Thank you, Senator Ellis. Senator Wentworth on floor amendment 14 to amendment eight.

SENATOR JEFF WENTWORTH: Mr. President, the experience in both Utah and Colorado who have passed legislation similar to this is that insurance premiums do not go up. The fact of the matter is premiums rise when risk rises and risk doesn't increase, so this amendment is acceptable.

SENATOR RODNEY ELLIS: Well, good. I'm so appreciative that Senator Wentworth is at least beginning to see the error of some of his ways. I move adoption of the amendment.

SENATOR KEVIN ELTIFE: Senator Ellis moves adoption of floor amendment No. 14 amending floor amendment No. 8. It is acceptable to Wentworth. Any objection? Chair hears none, floor amendment No. 14 is adopted. The following floor amendment by Ellis. Secretary read the amendment.

PATSY SPAW: Floor amendment No. 15 amending floor amendment No. 8 by Ellis.

SENATOR KEVIN ELTIFE: Senator Ellis to explain the amendment.

SENATOR RODNEY ELLIS: Mr. President and members, this amendment adds a section to Senator Wentworth's amendment to prohibit insurance companies from charging higher liability insurance premiums due to concealed weapons being allowed on campuses. These higher premiums would amount to an unfunded mandate, as I stated earlier, and at a time when we are already broke and having passed our own budget, I don't want my previous amendment which has gone into the bill to end up costing the Committee Substitute to House Bill 1 any additional money. So this is my fiscal conservative amendment of the day.

SENATOR KEVIN ELTIFE: Thank you, Senator Ellis. Senator Wentworth on floor amendment No. 15 amending eight.

SENATOR JEFF WENTWORTH: Mr. President, I think the amendment is unnecessary and because there's no fiscal note attached, I think it'd be unwise for us to adopt it. I respectfully move to table the most recent amendment.

SENATOR KEVIN ELTIFE: Senator Ellis to close.

SENATOR RODNEY ELLIS: Well, we were working so well together earlier, Senator, I'm just shocked how you've gone back to that chitty chitty bang bang category. But I hope y'all will vote against the motion to table my amendment.

SENATOR KEVIN ELTIFE: Thank you, Senator Ellis. Senator Wentworth has moved to table floor amendment No. 15 amending amendment No. 8. 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 KEVIN ELTIFE: 20 ayes, 11 nays, motion to table prevails. Members, there are no more amendments to the amendment. The question is on the adoption -- Senator Van de Putte, for what purpose?

SENATOR LETICIA VAN DE PUTTE: Will the gentleman yield for a question?

SENATOR KEVIN ELTIFE: Senator Wentworth yield?

SENATOR JEFF WENTWORTH: I'm happy to yield.

SENATOR LETICIA VAN DE PUTTE: Thank you, Senator. My question is -- and I want to thank you particularly for line 27 on the Committee Substitute. Last legislative session I had an amendment about dormitories and wasn't able to get language in and I really appreciate that the institution of higher education can establish rules concerning the storage of the handguns in the dormitories that are owned and operated by the institution. And I wanted to have two clarifications. Sometimes with our lease agreements with the new types of models with dormitories they're housed -- or they're leased or operated by a third party vendor so they're technically -- they're in a lease back arrangement so they're not technically owned or they are not operated. They're third party vendors that operate those apartment complexes. We have one of those at UTSA. I just want to check for the intent of your amendment would be that the university could set those regulations and guidelines for storage in the dormitories for all of the dormitories that would be on campus; is that correct?

SENATOR JEFF WENTWORTH: If they're on the campus.

SENATOR LETICIA VAN DE PUTTE: Campus only.

SENATOR JEFF WENTWORTH: Yes, they would be covered.

SENATOR LETICIA VAN DE PUTTE: Thank you. And then my second question is that -- and I'm sure that they would use good guidelines for that. On several sections of your amendment we make sure that cause of action of damages may not be brought against the institution of higher Ed or an officer or employee of institution of higher Ed but not for an individual student or faculty. So my question is, you're exempting faculty members from damages but not students.

SENATOR JEFF WENTWORTH: Where are you talking about?

SENATOR LETICIA VAN DE PUTTE: If you look throughout the bill pattern so on page two, we have line and 18 says that we a state -- a court may not hold a state, an agency, an institution of higher Ed, an officer or employee of the institution of higher Ed for damages. And then it repeats itself. And my question is it seems that this would leave a liability and a cause of action for those concealed handgun permittees who will exercise their right under your bill but who are not employees. And so my question is if this is different standards of liabilities for CHL holders who are not employees?

SENATOR JEFF WENTWORTH: Yes, it is.

SENATOR LETICIA VAN DE PUTTE: Pardon?

SENATOR JEFF WENTWORTH: Yes, it is. It's a different standard. We're talking about liability of institutions of higher education, their officers are employees, we're not talking about students at that point.

SENATOR LETICIA VAN DE PUTTE: But your bill allows employees and students or visitors on campus. So the liability protection -- so I just wanted to make sure, so a cause of action could be held against a concealed license permit holder that was not an employee.

SENATOR JEFF WENTWORTH: Depending on the fact situation, yes, ma'am.

SENATOR LETICIA VAN DE PUTTE: Thank you. I just want that clarification. Thank you, Senator. I don't have any other questions.

SENATOR JEFF WENTWORTH: Absolutely.

SENATOR KEVIN ELTIFE: Thank you, Senator Van de Putte. The question is on the adoption of floor amendment No. 8. The secretary will call the roll. This is on the adoption of floor amendment No. 8 by Wentworth.

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 KEVIN ELTIFE: 10 ayes, 12 nays, floor amendment No. 8 is adopted.

SENATOR JUDITH ZAFFIRINI: Mr. President.

SENATOR KEVIN ELTIFE: Senator Zaffirini.

SENATOR JUDITH ZAFFIRINI: I'd like to withdraw my bill at this time.

SENATOR KEVIN ELTIFE: Senator Zaffirini withdraw her bill Committee Substitute SB5. Is there objection? Chair hears none, so ordered. Thank you, Senator Zaffirini.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President and members.

SENATOR KEVIN ELTIFE: Thank you, members. Senator Van de Putte is recognized for a motion to suspend the regular order of business Committee Substitute SB1841.

SENATOR LETICIA VAN DE PUTTE: Thank you, Mr. President and members. I move to suspend the Senate's regular order of business to take up and consider at this time the Committee Substitute to Senate Bill 1841. Members, thank you very much, Senator Wentworth and I have in this interim time discussed and we visited with the governor's office. This is the Alamo bill that clarifies the fiduciary responsibilities and Senator Wentworth does have an amendment.

SENATOR KEVIN ELTIFE: Members, Senator Van de Putte has moved suspension of the regular order of business to take up and consider Committee Substitute SB1841. Is there objection? The Chair hears none, rules are suspended. The Chair lays out on second reading Committee Substitute SB1841. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 1841 relating to preservation and maintenance of the Alamo by the Texas Historical Commission.

SENATOR KEVIN ELTIFE: The following amendment by Wentworth. Secretary please read the amendment.

PATSY SPAW: Floor amendment No. 1 by Wentworth.

SENATOR KEVIN ELTIFE: Senator Wentworth to explain the amendment.

SENATOR JEFF WENTWORTH: Mr. President, the amendment that is being passed out, apparently we have a very last minute -- very last minute change so we're going to -- I recommend we pull this down until we can actually write in the two changes that need to be made and Senator Van de Putte and I think both thank the body for their patience but we're not quite ready. We thought we were, but we're not quite ready.

SENATOR KEVIN ELTIFE: Senator Wentworth withdraws floor amendment No. 1. They're not quite ready. Members, once we're finished with this bill we'll be taking a break. We're going to wait one minute to fix the amendment, then we'll be ready to move on and then take a break. About a 30 minute break, about a 30 minute break.

SENATOR JEFF WENTWORTH: Mr. President, I think if we can, if the body will allow me to do this.

SENATOR KEVIN ELTIFE: Senator Wentworth, you want to go ahead and explain the amendment?

SENATOR JEFF WENTWORTH: Yes, sir. On floor amendment No. 1 on page four, line 17, we want to change the word "shall" to "may" so that the sentence would read, "Alamo preservation advisory boarding the land office may create an Alamo preservation advisory board." So we're just changing that one word from "shall" to "may" and on page five line nine it says the advisory board is composed of. We want to make a new number one designee appointed by the governor and then renumber one through eight through two through nine. With that, what this does is to turn the Alamo complex 4.2 acres in downtown San Antonio, Texas to the general land office and enter into a contract for the operation, maintenance and management of the Alamo complex to the Daughters of the Republic of Texas, the land commissioner and the Daughters would enter into a contract by the end of the year, they would hopefully have this advisory board comprised of a designee of the governor, president of the DRT and other members including one representative from the Texas Historical Commission, one representative of the land office, president of the Bexar County Historical Commission and one representative who serves at the city of San Antonio office of historic preservation. Mr. President, I move adoption of floor amendment No. 1.

SENATOR KEVIN ELTIFE: Wait one second, Senator Wentworth. Senator Wentworth, we have pulled down amendment No. 1. You are describing amendment No. 2 which has been corrected.

SENATOR JEFF WENTWORTH: That's fine.

SENATOR KEVIN ELTIFE: We are now laying out floor amendment No. 2. Secretary please read the amendment.

PATSY SPAW: Floor amendment No. 2 by Wentworth.

SENATOR KEVIN ELTIFE: Senator Wentworth just described floor amendment No. 2. So all the members are clear, this is on floor amendment No. 2. By Wentworth. Senator Van de Putte on floor amendment No. 2.

SENATOR LETICIA VAN DE PUTTE: Thank you, Mr. President. And thank you, Senator Wentworth. These changes are absolutely wonderful and members, the body of the change of this instead of the Texas Historical Commission, Senator Wentworth adds in the advisory board but it goes to the general land office and in fact in discussing with Senator Wentworth I think the general land office already has many examples to which it does manage very well including the veterans land board, all of the nursing homes and the veteran cemetery. So I think this bill is better equipped because they do handle many managerial functions and the amendment is acceptable to the author.

SENATOR KEVIN ELTIFE: Thank you, Senator Van de Putte. Senator Wentworth now moves adoption of floor amendment No. 2. Is there objection? Chair hears none, floor amendment No. 2 is adopted. Senator Van de Putte is now recognized for a motion.

SENATOR LETICIA VAN DE PUTTE: Thank you, Mr. President. I move passage of the Committee Substitute to Senate Bill 1841 as amended to engrossment.

SENATOR KEVIN ELTIFE: Senator Van de Putte now moves passage to engrossment. Is there objection? Chair hears none, Committee Substitute SB1841 passes to engrossment. Senator Van de Putte is now recognized for a motion to suspend the constitutional three day rule.

SENATOR LETICIA VAN DE PUTTE: So moved, Mr. President.

SENATOR KEVIN ELTIFE: 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 KEVIN ELTIFE: 30 ayes, one nay, the rule is suspended. The Chair lays out on third reading and final passage of Committee Substitute SB1841 as amended. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB1841 relating to the preservation and maintenance of the Alamo.

SENATOR KEVIN ELTIFE: Senator Van de Putte, you're recognized for a motion.

SENATOR LETICIA VAN DE PUTTE: Move final passage of Committee Substitute Senate Bill 1841.

SENATOR KEVIN ELTIFE: Senator Van de Putte now moves final passage of Committee Substitute SB1841 as amended. 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 KEVIN ELTIFE: 31 ayes, zero nay, Committee Substitute SB1841 as amended is finally passed. Congratulations, Senator Van de Putte.

SENATOR LETICIA VAN DE PUTTE: Thank you, and thank you, members.

SENATOR KEVIN ELTIFE: Remember the Alamo. The Chair recognizes the Dean of the Senate John Whitmire.

SENATOR JOHN WHITMIRE: What if I just move to adjourn? For our assistants to have an opportunity to take a break, I would say we recess 3:30 -- 3:45 come back at 3:45. Solid 3:45.

SENATOR KEVIN ELTIFE: Members, you heard the motion by Senator Whitmire to come back at a solid 3:45. Is there objection? Chair hears none, so ordered.

(Recess.)

LT. GOVERNOR DAVID DEWHURST: The Senate will come to order. Members, if you could take your seats. The Chair recognizes Senator Ogden for a motion to suspend the Senate's regular order of business to take up and consider Committee Substitute to House Bill 1.

SENATOR STEVE OGDEN: Mr. President, and members of the Senate, I move to suspend the Senate's regular order of business to take up and consider Committee Substitute to House Bill 1. Members, when this bill was voted out of finance over a week ago, Senator West asked a question is this the best bill that we can produce and my answer to you is yes. Without a doubt, yes. This bill voted out of committee 11 to four. This is a conservative bill. This bill maintains and preserves critical state programs. This is a smart bill. The Committee Substitute to House Bill 1 appropriates 176.5 billion in all funds which is 11 billion-dollar decrease from 2010 and 11, yet this bill when coupled with Senate Bill 22 and Senate Bill 12 maintains all essential services to the people of Texas without raising taxes. It does this by addressing our top priorities. Public education funding, health and human services, public safety. The process used to write this budget was the most open and inclusive in my entire legislative career. We did something that we haven't done before. We formed six, seven member subcommittees to work on this bill. I must acknowledge before I go any further the incredibly hard work of all 14 fellow members of the Senate finance committee. Every one of you, Republican or Democrat, contributed to this bill and this bill is a better bill because of your work. I want to thank my vice Chair in particular Senator Hinojosa because it was his help and his leadership that made critical differences in many of the subcommittee recommendations which by and large were recommended by bipartisan parties every time. In public education we formed a subcommittee that was led by Senator Florence Shapiro. Senator Florence Shapiro and her six fellow senators added $5.9 billion to public education above the base bill. In health and human services, subcommittee led by Senator Nelson and her six fellow senators they restored funding for many critical reimbursement rates that were cut in the base bill such as nursing homes, such as Medicaid physician and dental rates, such as foster care rates. Senator Nelson and her senators also maintained funding for all Medicaid waiver slots that we currently have in this state and maintained mental health funding which all senators believe is critical to the well being and operation of our state. Senator Whitmire was asked to Chair the subcommittee on public safety and he and his fellow six senators produced a remarkably good bill with respect to public safety. As far as I know, there is no controversy on the level and adequacy of funding for this essential state service. Additionally we substantially increased funding for border security through the leadership of Senator Williams. Our state will be safer over the next two years because of their efforts than it otherwise would be if we do not pass this bill. Senator West chaired the higher education subcommittee on higher education and he and his six fellow members led an effort to restore funding for student financial aid, Senator Ellis, by $306 million. This bill added additional funding for student financial aid to the tune of 306 million-dollar increase. Funding was also restored for community colleges and the deep cuts in general academic funding were mitigated through their efforts. Senator Williams chaired the economic resource and development subcommittee through his leadership and the six fellow senators that were on that committee I think the budget maintains the state's momentum to improve mobility and safety on our highways. The budget that Senator Williams and his fellow senators crafted in this area will actually increase the amount of contract lettings on our state highways over the next two years compared to ten and 11. Senator Carona, it also authorizes the issuance of prop 12 bonds which you led and we passed in this legislature two years ago in order to fund those projects and we have set out in the bill exactly how that $3 billion is going to be used to improve our state. Senator Duncan had one of the most difficult assignments in determining how to pay for this and his work with the fiscal matter subcommittee which also consisted of six fellow senators culminated in Senate Bill 1811 which we passed last week. That bill is essential. It must pass the Senate and it must pass the House and we must agree on a number close to the number that left our Senate last week in order to finance this appropriations bill. That bill has to be passed in conjunction with this in order for the bill to work and I want to publicly thank Senator Duncan and his fellow senators for what was a most difficult job to find over $4 billion in nontax revenue for the next two years that will be certified by the controller. Members, this, under the circumstances that we're under, is a very good bill and nobody has to apologize for voting for it. Unfortunately because of the controversy over the method of finance and that's what we've been stuck on for the last week how do we pay for a very good bill. The bill's merits have been overlooked. In order to address the concerns on the method of finance, if you will vote to suspend today, I will propose a floor amendment to change the method of finance in this bill without materially affecting the bill. The method of finance change will not materially affect the underlying appropriations in this bill. This floor amendment will do the following: It will remove the article nine section 1809 provision that confines the rainy day contingency. It is not necessary to be in this bill in order to finance this bill. That was in there as a contingency only, and the contingency is not necessary. It will reduce -- the floor amendment will also reduce Medicaid funding by $1.25 billion of general revenue and it will provide for a contingency cut of 1.2 percent across the board save and except public schools and debt service. With that floor amendment and with changes that I anticipate asking you to make in House Bill 4, this bill is fully paid for without the need to resort to the rainy day fund contingency in House Bill 1. I also believe with the dramatic improvements in our state economy, the comptroller will be able to identify additional revenues making the contingency cuts, if any, necessary. For example, April sales tax collections in our state year every year have increased by 11 percent, more than twice what was predicted back in January. In fact state revenue is growing at a rate twice as fast as what the comptroller recommended in -- what the comptroller estimated in January. The good news is our state's economy is coming back and it's coming back faster than we thought in January and that's always been the issue. There is a direct and close correlation between the government that we all want to fund and the people that have to pay for it and when the private sector is healthy and when the private sector is growing, it throws off incredible amounts of revenue that we can use to fund our budget. And I'm here to report today that things are going to be better tomorrow than they were yesterday. Texas economy is coming back, the statistics are clear and the most specific evidence of that is the growth in our sales tax revenues which year over year is approaching more than -- has been approaching 10 percent. Members, this is a good budget. Members, please vote to suspend for this budget. It is a far better budget than any alternative that's out there. It is a far better budget than any reasonable alternative in the future. It meets the essential needs of our state. It reduces spending by focusing on our priorities and it allows our state to move forward. Mr. President, if there are no questions I would move suspension.

LT. GOVERNOR DAVID DEWHURST: Senator Shapiro is recognized to speak on the bill.

SENATOR FLORENCE SHAPIRO: Yes, thank you very much, Mr. President and members. The first thing that I would like to say is I would like to give a big debt of gratitude and thanks to the chairman of finance committee, I agree with you, the method by which you came to this budget is one of the most unique but that's what make this such a good bill because we had so many people involved in the debate and dialogue on a regular basis. That's why I believe this is the bill that must pass. I think the portion of this bill is most important to all of us and this budget represents choices. Choices that solidify education as our No. 1 priority in the state of Texas. It makes tough choices. It actually is the largest part of this budget. 46 percent of the budget of the state of Texas in GR represents article three public education, not even higher education but public education and we are in a recession. Hopefully just as Senator Ogden expressed we're coming out of that, but we still have to deal with what we have today. This not only makes tough choices, but it makes prudent choices. It makes cuts in the education in a way that does not decimate our public schools in the state of Texas. We have heard from so many of our constituents from so many of our school districts and every time I talk to someone they say, please sustain the Senate budget in education. It also makes very sound decisions and choices by investigating. As you heard, Senator Ogden said $5.9 billion above the base bill and also the important supplementary programs that move education forward. This budget returns in funding 5.9 billion over the introduced bill that represents 5.3 billion that goes back to the foundation school program and that also is in the base bill. It is about a 15 percent cut. We have now gone back and this will now provide that that reduction is less than average of 6 percent across the board. This will not level our school districts. This will not devastate our school districts. This budget spends $389 million to make absolutely sure that our students have access to instructional materials from proclamation 2011 which we are in right now. It assures that our students have the necessary materials to succeed under our new post secondary readiness curriculum. Our budget focuses on priority programs to ensure that our students succeed. Senator West, as you well know we put $194 million in not just for intervention programs but for prevention programs for our struggling students. It focuses another $50 million in our dropout program and it gives $20 million, Senator Hinojosa, to communities and schools. This budget at the end of the day is going to be one that I know all of us will have to do a lot of soul searching on but I know that article three is a uniquely important part of this budget. To each one of you, every single one of you have come to me or a member of our subcommittee and I would like to thank Senator Seliger, Senator Duncan, Senator Estes, Senator Patrick and Senator West for serving on this subcommittee with me. This product is better today because of your help but every single one of you has one time or another come and shared your concern and thought and ideas about public education and how to craft this most important part of our budget. I know each of us shares a common compassion and we're very defensive in our position on behalf of our school districts. There are several reasons for this but chief among them is I know each one of you are committed to funding public education. It is our primary and fundamental legal and constitutional duty that government provide to its citizens. I believe with all of these reasons and more Senate Committee Substitute to House Bill 1 deserves to pass. Not because we think this is enough, not because we think this is too much. We have people on both sides of this issue but because it represents our collective and courageous effort to do our best with all the information and all the resources that we have at hand. I have appreciated probably this session more than any that I have served in because of the opportunity and the willingness for each of you to dig down and study education like you have never done before. It makes me very proud to know that people in this body care that deeply for the school children of Texas. It is likely that few people will ever recognize the hard work that each and every one of you have done for the public school systems and the work that we have done and sometimes been criticized for. But I am convinced and I am confident in saying to you today that the alternative to this bill represents an unsustainable blow to public education in this state and I believe and I know that each of you know that and that each of you will think about that very seriously when you cast your vote. Thank you, Mr. Chairman. And thank you, Mr. President.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Nelson.

SENATOR JANE NELSON: Thank you, Mr. President. And thank you, chairman Ogden, for your hard work on this budget and I do believe that this is a budget that this entire body can be proud of. I'd like to expand if I might just a little bit on article two for the members and anyone else out there listening, about the article two section of this budget which as you know is our health and human services arena. This proposal in front of you reflects the recommendation of our article two subcommittee which included Senators Deuell, Eltife, Hinojosa, Whitmire, William and Zaffirini, all of whom worked tirelessly and passionately so that we could produce a product that tries to meet our responsibilities to those who depend on state services and to the taxpayers who expect us to ensure that state government lives within our means and that was a very difficult task. The size and the scope of this section of the budget is amazing. It is also the portion of the budget that serves Texans who are in the greatest needs, the poor, the frail, and our most precious resource our children. Senator Shapiro, I don't know which of us spent the most hours in those committee hearings, but we as a subcommittee, as yours did, I know worked so hard to do what is right. And I want to tell you what we came up with just some of the highlights. Our subcommittee spent weeks of reviewing cost savings proposals that are within our Medicaid program. We were able to identify almost $3 billion in savings. Most of which resulted in creating a more efficient Medicaid program and actually improve the quality of care that our Medicaid patients will be receiving. After the subcommittee identified those savings, we reviewed the entire article two budget that included expensive conversations with the agencies and the stakeholders so the subcommittee could determine what level of funding was absolutely necessary to provide a safety net for our most vulnerable populations. The overall article two budget stands at $23.7 billion in general revenue and $57.7 billion in all funds. Each of you have gotten a copy of the budget in its entirety but I want to go over some of the major items because I know some of you have heard some things, you -- I want you to be clear in your minds about what we were able to do with this budget. Rate restoration, we hear a lot about that. Rate restoration was a priority for our subcommittee because we recognized the need to maintain an adequate network of providers to ensure that access to care would not be compromised. This bill as amended restores provider rates so that rather than the 30 to percent deductions that would have to occur in the introduced version, we restore physicians, dentists, nursing homes, community care, rural hospitals and children hospitals to current rates. Members, that's something you should be proud of and you should support. We also restored home and community based services program providers to only a 1 percent rate reduction and immediate care facilities, the ICFHRs, to only a percent rate reduction. Mental health was an issue that many of you came and talked to us about and said, we cannot support the cuts that took place in House Bill 1. We want to restore the state resources that provide mental health services that really are the safety net for the recipients. Without these mental health programs individuals are going to find themselves -- we're going to end up paying for them and Senator Whitmire's criminal justice budget, they're not going to receive the appropriate care and are going to be costing our state much more. This bill increases funding for mental health services to maintain current levels for community services, community hospitals and state hospitals. Child protective services, another area we prioritize with maintaining funding, Senator Uresti, in our child protective services. Children represent one of our most vulnerable populations and child protective services is their safety net and we were not going to do anything to diminish the strength of that net. This bill fully funds foster care, adoption and permanency care assistance caseload and cost growth. It fully funds 365 -- 356 caseworker physicians currently employed at the agency and it also funds 100 additional caseworkers above and beyond currently filled positions. It completely restores the relative caregiver program, it completely restores the state's protective day care program. This bill fully funds several programs at the Department of Assistance and Assistive and Rehabilitative Services including the blind children's program, vocational rehab, comprehensive rehab, independent living centers and autism. Those were all programs you all told our committee were very important and we listened. We also increased early childhood intervention funding by $25.8 million. General revenue over the introduced version to help the agency increase service hours to recipients. Department of State Health Services, this bill restores funding for several public health related programs including full restoration of substance abuse intervention, full restoration of HIV medication, partial restoration of tobacco prevention cessation programs and partial restoration of the preparedness program. This bill improves all community care waiver slots and actually increases funding for nearly 1,000 additional slots through our promoting independence emergency crisis and children aging out of foster care programs. I could enumerate, Mr. Chairman, to a much greater extent but I'm going to conclude by saying we have made fiscally responsible decisions that will make our health and human services programs more efficient, less subject to fraud, waste and abuse. And as I said in the beginning of all this our goal was to meet our responsibilities to those who depend on our state services and I believe we're doing this. Mr. Chairman and I urge all of you to support this Senate bill and what we're doing in this article two portion of our budget. Thank you, Mr. President.

LT. GOVERNOR DAVID DEWHURST: Senator Van de Putte, for what purpose do you rise?

SENATOR LETICIA VAN DE PUTTE: Will Senator Ogden yield for questions?

LT. GOVERNOR DAVID DEWHURST: Will Senator Ogden yield?

SENATOR STEVE OGDEN: I yield.

SENATOR LETICIA VAN DE PUTTE: Senator, thank you very much and I think thanks are in order for your hard work and the hours. And I have to tell you in the 20 years that I've been a legislator I don't think I've ever seen a more diligent and hardworking finance committee take in all the comments and I participated, even though not a member of finance, participated alongside in Senator Shapiro's work group and my comments were taken, my input was taken, my voice was heard and that of my constituents. And for that, members, I think as a Senator we need to be proud of the process. But I do have some questions because as you were explaining what would be an amendment, I first want to ask some questions about the public education portion and I think you were correct in saying that there wasn't one Senator on this floor that would be able to cast an aye vote on that base bill, on the bill that the House sent over which regard to article three and that we are very pleased with the 5.7. Senator, how much though even with the 5.7, how much does that decrease from what would be necessary to fund enrollment growth?

SENATOR STEVE OGDEN: Under the current statutes that has a formula and a target revenue component and under the assumptions that have been made on what property taxes have done and will do over the next two years, which I think may be incorrect, I just got my property tax statement the other day and my home value didn't go down but based on the assumptions of what property tax will do, they think they're going to remain flat, based on the formula driven items and the target revenue that's in the current statute, based on the statements of growth that we have, all of these are variables. If you vote to increase funding, the difference between what would be needed and under the current statutes with those assumptions and what we're appropriating this bill is $4 billion.

SENATOR LETICIA VAN DE PUTTE: Senator, and -- so this bill if we vote to suspend, I want to make it clear, this bill does, not even with the 5.7 does not fund enrollment growth; is that correct?

SENATOR STEVE OGDEN: Under the current statutes based on other computations, based on what property values are going to do. If property values increase more than what the assumptions are, it could but based on the assumptions that property values will not grow in Texas over the next two years, which frankly I think is wrong, then yes, it's right. It does not fully fund enrollment growth.

SENATOR LETICIA VAN DE PUTTE: Senator, to your knowledge, would as much better that the Committee Substitute to House Bill 1 is as it came out of the Senate finance committee, from the House version, would this be the first time in the history of our state that the legislature fails to fund enrollment growth?

SENATOR STEVE OGDEN: I don't know the answer to that because when you look at our history we have different statutes with different formulas, target revenue, what have you, so I don't think you can say that. I mean, I'm sure there have been times in our state history where funding for public did not increase more than we're proposing here and one of the ironies in the jargon back and forth is total GR appropriations for public Ed in Committee Substitute to House Bill 1 are over a billion dollars higher than what we did in ten and 11. So I think there's been cases where state funding for public education increased more than what we're proposing but I think there's also been cases that it's increased less, so I think that statement which seems kind of -- I mean, it sounds very, very serious. I don't think it's completely accurate. I don't think this is fair to say this is the first time we didn't fund enrollment growth because there's so many other variables. And I'd also tell you if I knew where to find more money and could get the votes for it, and remember at the end of the day you got to have 21 votes. We might try to do even more but I'd also say -- and I need to answer your question, when you look at the overall picture and you count this current services budgeting obligation which we do have under current statute, the cuts to public Ed across the board are about five and a half, 5.6 percent which is at least half of what the House was proposing.

SENATOR LETICIA VAN DE PUTTE: Senator, let me ask you, because as you and I both came in as freshman legislators in the House in 1991 beginning of many before Edgewood public school lawsuits and I had the opportunity to -- and you and I both had to see reiterations of school finance, but I truly believe since the passage of Gilmer Akins, which was 60 some odd years ago where it set out this system of both local school property taxes and state GR. And since that system had been in effect the legislature has always prided itself in funding those new little Texans that are going to sit in those seats. And my question is we know that the comptroller and the Dallas federal reserve tell us for every 1 percent growth in the economy that our revenues in the state will increase anywhere from 850 to 900 million and all of us in this state, we want to see this economic recovery, we're hoping that the recession is in the rearview mirror. And I am optimistic as you are. And yet we know that there are 1500 to 1600 new Texans arriving every day and they do so because of what we've said about our job growth and our economy. And so I really do believe that it would be the first time that we're not funding enrollment growth. And so my question is, if we're thumping our chest and loudly proclaiming that we are such a wonderful state and our economy is outpacing others, so that people from other parts of the country want to come to our state to live, work and raise their family, isn't it disingenuous for them -- for us to not fund those children when they come here to our public schools? And that's my real dilemma on this is I know you've done the best you've done but I don't think it funds enrollment growth. And on one hand I can't sit there and brag on all the new Texans and then admit that their children don't exist when they come to our neighborhood schools. And that's what I think this bill does and by passing I think we're going to have to pass Senate Bill 22 to readjust that and I've seen those runs and my school districts are the two fast school districts that I have whether it's a 6 percent or an percent all I know is my school district will get $532 less per student per year than they were getting last year. And guess what they've added, 3,000 students. So it will harm my school district and it is a fast growing district, that's where those new Texans are coming. And so my question is, if this is the first time that we don't fund enrollment growth, how can we be certain that all those new Texans that are coming here because of this economy and jobs, that we don't give their kids and the children that are already here and our school districts what they need and maybe if it's -- I have one district that is a declining enrollment district and it's -- maybe for them it doesn't matter but for the districts that are growing, this does not fund enrollment growth. How can we leave out 180,000 students? How do we admit that they didn't even come to Texas?

SENATOR STEVE OGDEN: That last sentence, would you say it again? Say the last sentence again.

SENATOR LETICIA VAN DE PUTTE: How do we admit that those 180,000 students don't exist? How do we fund the budget -- how do we pass a budget that ignores the fact that they're here?

SENATOR STEVE OGDEN: Well, first of all I think in the debate, the debate begins and ends with the assumptions that were made to ask the question. Senate Bill 22, if we pass fully funded enrollment growth. What it does is it reduces target revenue by one and a half billion dollars, that probably does not adversely affect any of your school districts. It makes a slight decrease in the formula per weighted student but by reducing the target revenue entitlement and by reducing slightly the formula driven monetary amounts, we fully fund enrollment growth. So I don't think it's fair to say that we're not funding enrollment growth. All we're doing is reducing the amount of entitlement funding that school districts have and that is not necessarily a bad thing. Everyone in this -- every Texan over the last two years has had to tighten their belts. Tell me people you know that haven't had to find a way to stretch the money that they have now to do the things that they wanted to do. This is not a unique situation. The fact is we're coming out of one of the deepest recessions that this state has seen since I guess the early 80s. I have, along with Senator Shapiro and many others, solicited the input of people in education who know what's going on and in my district for sure and other districts -- and I have the privilege of presenting 80 school districts -- and I think in almost all the districts across the state, what the superintendents say is that if we can fund their schools at the level that we're proposing in our bill, they can make it. If we fund schools at the level that's proposed in the House bill, they're not so sure. So none of us on here want to basically not put as much money as possible in public education. There's no greater economic development tool in this state than to invest in education. This in my view is over -- the commitment that we're proposing in House Bill 1 is over half of the total increase in spending between the House and the Senate, over half. It reflects our priorities and fairness would dictate that under the circumstances is the glass three-quarters or is it one-quarter empty and I'm arguing that it's three-quarters full and our schools will be able to make it if you vote for this budget.

SENATOR LETICIA VAN DE PUTTE: And Senator, I appreciate that. It's just that the two school districts that I represent each take $50 million a year less than they do last year under the scenarios that we would meet the --

SENATOR STEVE OGDEN: Can you tell me what those -- give me an example because I have a printout here.

SENATOR LETICIA VAN DE PUTTE: Northside, either 28 or $300 per student. And this is under the hybrid model that's under Senate Bill 22 which is not before us but which you have said needs to pass.

SENATOR STEVE OGDEN: I should know this, tell me your Senate district number.

SENATOR LETICIA VAN DE PUTTE: My Senate district is 16 and it's Northside Independent School District which will receive $50 million less than last legislative session because we've taken out $4 billion from what they need and it's a fast growth district that adds 3,000 students per year. Both Northeast school district and Northside will each have a reduction of somewhere between 428 and I think one's 428 the other's around 432 and these are the areas that are fast growth and so --

SENATOR STEVE OGDEN: The -- and I've seen it and I don't dispute that number. It says that under our proposal Northside would receive out of a total revenue of $661 million, 6/10ths of a billion dollars, million less was represented to a 7.6 percent reduction. However if we vote for the House bill, Senator, it's 71 million.

SENATOR LETICIA VAN DE PUTTE: And that's correct. And 704 pink slips were given two weeks ago not based on the House plan but based on the Senate plan. And so I cannot go back home and say, guess what, we are funding enrollment growth and you are getting what you need. If they did my school districts wouldn't have given those 704 pink slips that were based on our version of the budget, not the House's version of the budget because guess what, they have faith in us, they have faith that we're going to pass the Senate version but they had to already do that, they already are making plans for it. And so whether it's enrollment growth or not we have always funded enrollment growth in this state and just because we say we're going to take billion out and that's the new normal, that's the new way that we're going to get rid of this structural, it's still not being fair to the tax payers and to the taxpayers that have to fund the property taxes because the choice is made and you're right, everyone is tightening their belt. Well, my school district decided to tighten its belt by firing 704 teachers in positions. and I got to tell you, they had done administratively 138 back in October. So this is on top of 138. So that's just an example from my school district. I don't doubt that you have tried and that Senator Shapiro has tried and I'm going to tell you if we had more money, I know the Senate would put this into public schools and we would come up with that because it is our most important. I don't have any other questions, Senator, I know that there are probably others that are going to kind of question the method of finance. But goodness, if these people are coming to our state, then let's admit that their children are here and try with whatever that we can -- because these children and these people they didn't create this hole, it was created back when we didn't make very well -- well, those decisions in 2006 have come back to haunt us and we're doing -- I know you're doing in your efforts in what you filed to get us through what the decisions in 2006 that put us in this and it was hardened by the recession. But, Senator, I cannot be honest by saying that this Senate budget takes care of public schools it takes care of them much better than the House but it still is painful and it will affect all sorts of class sizes in those neighborhood schools and those parents moved there because it's a great school district. It's a recognized school district and they made the tough choices. But I can't tell them, oh, we're funding you when you take million a year out of the budget from last year, I just -- I can't deceive them that way.

SENATOR STEVE OGDEN: And, you know, I'm not sure we're going to agree and in fact I'm sure we're not going to agree. What I'm arguing is that if we take the position after coming out of the kind of recession that we've experienced that nobody can cut anything, that there are no efficiencies to be found anywhere, then we're not any different than Washington, D.C. which is bankrupting our country. Now, I don't like doing this but it's better to do this than the alternatives that we're facing. And if the economy continues to grow, like it looks like it is, then we'll be able to restore a lot of this in two years. Texas is not broke, it's got a temporary cash flow problem that will solve itself when the economy recovers. But in my opinion we cannot take the position like Washington, D.C. oh, well, why worry, let's just borrow the money.

SENATOR LETICIA VAN DE PUTTE: No, Senator, we're not borrowing the money for education but we do have choices and we know in the atmosphere in the House, we know in many discussions we wish we had a way to bring in more revenue because our infrastructure for education for students merits that, they deserve that and our families deserve it. But we are borrowing in your bill. We're borrowing, you know, 3 billion on proposition 12. So we are using that, we're borrowing, we're borrowing for highways, we're not borrowing for our kids and has been that, you know, it's the priorities that we have --

SENATOR STEVE OGDEN: Sure, we are. We use the school fund to guarantee billions and billions and billions of bonds. I mean, the permanent school fund is one of the great assets in Texas. It gives every school district a triple A rating. Every school district that I know of has voter approval to borrow money, I probably misspoke about the federal government, they're not borrowing, they're printing it. Oh, well, we'll just print the money but anyway --

SENATOR LETICIA VAN DE PUTTE: I appreciate that, believe me, we're not like the federal government. And if we did maybe we -- people take out their cash money, we wouldn't have George Washington and Lincoln, (inaudible). We don't print our money. I appreciate the work you've done on this, Senator. I just have heartache that this will be the first time since we've had that Gilmer Akins, since this is the first time in over 60 years that we've got to tell our schools, I'm sorry. Thank you.

SENATOR STEVE OGDEN: Yes, ma'am .

LT. GOVERNOR DAVID DEWHURST: Senator Shapiro, for what purpose do you recognize?

SENATOR FLORENCE SHAPIRO: Actually Mr. President, I believe Senator Van de Putte has the floor and I'd like to ask her the question.

LT. GOVERNOR DAVID DEWHURST: Will Senator Van de Putte yield?

SENATOR LETICIA VAN DE PUTTE: I yield.

SENATOR FLORENCE SHAPIRO: Thank you very much. And Senator, there's nothing that you said that all of us haven't felt, so I appreciate your comments but I would also like to mention that I think one of the most important things that we can do right now is to look at the big picture. And as you look at the big picture in public education one of the reasons that your teachers and my teachers and Senator Huffman's teachers and Senator West's teachers are all looking at pink slips is because it's 45 days at the end of the year, we haven't made a decision yet in this body on our budget, they will see a new day when the budget passes which we hope will be our version of the education budget and I think you'll see fewer and fewer of those pink slips that go to reality. But the most frustrating part for me is that we have a Committee Substitute to Senate Bill now that actually puts in place furloughs, decreases in salary, and other options that they will not have to fire their teachers and I cannot get that bill off the floor of the Senate. This is a shame. This is a shame and it's a sad day for Texas because we're trying to help the school teachers of Texas, we're trying to help the school districts of Texas and we're not able to do that right now. So let's not talk about pink slips when we're not willing to take the hard vote on helping those teachers from losing their jobs. Thank you.

SENATOR LETICIA VAN DE PUTTE: And Senator, with all due respect, I only brought up Senate because that is -- Senator Ogden asked me to give an example and that's what we're sending and we do make decisions and choices. But even if we pass Senate Bill 12, the -- that would help in further years but what I'm telling you is that they have done everything -- they and my school district has told me they don't want use a reduction in payroll, they don't want to reduce teachers' salaries, they want the flexibility to kind of do what they need at the local level. And so what they have done with those pink slips is how they have chosen and they have chosen to do that because that's what they feel and it's on the Senate version. The board said they will not support a reduction in payroll and they said they cannot, if they did a furlough that would only be a means of a reduction in payroll. When you furlough people that means you don't pay them --

SENATOR FLORENCE SHAPIRO: I'm very well aware of what it means.

SENATOR LETICIA VAN DE PUTTE: Right. And so my school district doesn't want to.

SENATOR FLORENCE SHAPIRO: Well, then they don't have to, but everybody else that we talked to does want that option. The teachers want the option. If they go to their teachers and ask them, would you rather be fired or would you rather have everyone take a percent pay cut for two years or would you rather have some furlough days where you don't get paid. If you went out and talked to those teachers you would find that that is what they prefer. They don't want to be fired but when you bring up the pink slips and you bring up the amount of money that we're spending and you talk about the teachers and the classroom we've got to be, we've got to make sure that everyone understands fully the reason those pink slips are going out right now is because we have not passed the budget, which we must do, and we have not given them other tools in the tool box rather than just risks, firing their teachers. I cannot imagine any school district that would actually say at the end of the day, I'd rather fire teachers than give them other options with which they can utilize other tools. That's very, very unethical in the state of Texas today.

SENATOR LETICIA VAN DE PUTTE: Thank you, Senator. I know you have worked hard on that. I was just trying to make a point on enrollment growth. Thank you both very much.

SENATOR TOMMY WILLIAMS: Mr. President, could I be recognized to ask Senator Shapiro a couple of questions/some of her comments I just wanted to follow up with a question.

LT. GOVERNOR DAVID DEWHURST: You're recognized.

SENATOR TOMMY WILLIAMS: Senator Shapiro, talking about these pink slips, this is a very troubling thing for all of us and I know in my home county in Montgomery County the Conroe Independent School District who's not having to make massive layoffs fortunately but we're all worried because they're the largest employer in our county and I wasn't involved in all the negotiations on Senate Bill 12, but I did sit in for some critical meetings that you and Senator West and Senator Duncan had with all the stakeholders.

SENATOR FLORENCE SHAPIRO: And Senator Davis.

SENATOR TOMMY WILLIAMS: Yes, that's right, Senator Davis was in and you had all the stakeholders in the group.

SENATOR FLORENCE SHAPIRO: For seven weeks, Senator Williams.

SENATOR TOMMY WILLIAMS: Right. I just did it one afternoon. I know you did it a lot longer than I did. But it seemed to me that the goal there was not to force a furlough but rather it was to give the school districts options that both the districts and the teachers agreed were useful tools to manage through this economic downturn that we're experiencing.

SENATOR FLORENCE SHAPIRO: That's correct.

SENATOR TOMMY WILLIAMS: And that's what's stalled in your education committee right now.

SENATOR FLORENCE SHAPIRO: It's stalled on the floor of the Senate right now. It passed the committee, it stalled on the floor of the Senate and we made it absolutely clear from the day we started this discussion seven -- now, it's already nine weeks ago that we wanted to bring all the stakeholders together. When they first walked in the room, they sat across the table from each other. It was a difficult first couple of meetings but we finally got to the point where we were working together and we had great dialogue of ideas. It was a real work in progress.

SENATOR TOMMY WILLIAMS: Well, I know the afternoon I sat in I was very impressed about how all the stakeholders had -- they put everything on the table and they sincerely wanted to try to get this worked out.

SENATOR FLORENCE SHAPIRO: That's correct.

SENATOR TOMMY WILLIAMS: And I understand that right now the districts, their hands are really tied, and one of the reasons that we might be seeing some pink slips, so to speak, at the end of the school year is that time period right before the contract runs out is the only opportunity that the school district has to not renew somebody's contract and not have to go through arbitration and have to go through a very expensive process; is that correct?

SENATOR FLORENCE SHAPIRO: That's correct.

SENATOR TOMMY WILLIAMS: And so they're just -- they're reacting not only to the budget process that we're going through and the financial realities of what we've all got to deal with here in this state but they're also dealing with the fact that if they don't notify themselves they're going to find themselves saddled with additional to go and arbitrate that. So a lot of these teachers may be hired back if our Senate budget passes. Wouldn't you --

SENATOR FLORENCE SHAPIRO: I certainly hope so.

SENATOR TOMMY WILLIAMS: That's what I suspect. Thank you.

SENATOR FLORENCE SHAPIRO: I certainly hope so.

LT. GOVERNOR DAVID DEWHURST: Senator West, for what purpose do you rise?

SENATOR ROYCE WEST: Question of Senator Shapiro.

LT. GOVERNOR DAVID DEWHURST: Will Senator Shapiro yield.

SENATOR FLORENCE SHAPIRO: I will.

SENATOR ROYCE WEST: Senator Shapiro, is it raining in Texas?

SENATOR FLORENCE SHAPIRO: Not today.

SENATOR ROYCE WEST: And probably --

SENATOR FLORENCE SHAPIRO: It was but not today.

SENATOR ROYCE WEST: Probably won't be raining after this budget is considered either. You know, help me with this and yes, I was there for all weeks and, all seven weeks and I know --

SENATOR FLORENCE SHAPIRO: And I do want to say publicly how much I appreciate you, Senator Davis and Senator Duncan. It wasn't for lack of effort that we're not moving forward.

SENATOR ROYCE WEST: And it's not over either. Maybe there's some things we can do as well.

SENATOR FLORENCE SHAPIRO: Six dares.

SENATOR ROYCE WEST: Well, that's fine. Maybe there's some things we can do with 12 in order to get it out of here. But I just want to stop for one moment though and talk about public school finance and the reality is that it seems like about every time this session I know a lot about public school finance and when I leave here I try to forget it all and many of us do the same thing. You know, we know that we have a -- I think it's called a property tax school fund or something, what do we call it? The property fund where -- property tax relief fund, yeah, that's the name of it and we -- and we know this, we know that in order to deal with the tax compression that we did which established that -- several revenues in that fund in order to make up for the compression and that ends up being -- and I'm not going to get into all of that but the structural deficit as we call it --

SENATOR FLORENCE SHAPIRO: No, that you call it.

SENATOR ROYCE WEST: What most people call it. Okay. The reality is this, is that we're now back into Senate Bill 22 and this goes back to what Senator Van de Putte was talking about, we are -- in that particular bill, we're now saying that we are passing a law that says literally that the property -- that the deficit doesn't exist anymore, the $4 million, and so we are under funding public school finance, members, as you well know some $4 billion in the state. Even though we've had an increase in the number of people that are coming into our -- students that are coming to our public schools and yet and still the debate, the giant elephant, no pun intended, on this floor is whether or not we're going to use the rainy day fund, that's why I asked if it was raining. I know it's bright out there. As a method of finance. Regardless of what is passed, whether it's the Senate version or the House version, Senator Ogden, we're going to see teachers laid off. You would agree with that, wouldn't you? Senator Shapiro?

SENATOR FLORENCE SHAPIRO: Yes.

SENATOR ROYCE WEST: So we have kids in the pipeline, we have kids that have decided that they want to be teachers, one of the programs that we always look at is the program for our young teachers that are going into your schools and yet and still what we're doing and it's not going to -- it's not going to ruin the entire public education system but the reality is we can do better if we have the political will to do better. And as my desk mate often says if we can be independent thinkers. I know we have a tax from the left, I've been attacked, we have attacks from the right, you've been attacked. But the question is, Senator Patrick, can we do -- be independent thinkers on this floor? In article nine of the budget -- and frankly, thank you for allowing me to work in it, Governor, thank you for appointing me to the finance committee. But in article nine, see, you're about to take a provision, a rider that basically, members, that that money goes to public schools. If the comptroller doesn't certify that there's $3 billion, then we take $3 billion of the rainy day fund, Senator Seliger, and we put it into our schools. Senator Shapiro, teachers make on an average of what $40,000 a year? And let's see, somebody do the math for me right fast. What is 48,000 into 3 billion? Senator Zaffirini, the only person to do that on the floor would be you. The point I'm making is this, members, we have sufficient revenue in order to make certain that we do what's in the best interest of our education system in the state of Texas. The question is whether we have the political will to do it. Now, I'm sitting up here saying we spend all the rainy day fund, we don't do that and I understand that the House and the governor has basically said to the Senate and our leadership that we're not spending any more of the rainy day fund but I say to you should we as a body, as Democrats, as -- no, it's Texans, send a statement that we believe that we should fund public education in the state of Texas as our No. 1 priority, we politics, we campaign on education, what we're going to do with the education system, but we can't summon the political carriage today in this chamber to say that the Senate of the state of Texas believes that we should fund public education and we should use the rainy day fund as a source to do that, Senator Shapiro. I didn't get up here to make a speech, but I know what Senate Bill 22 does, we under fund public education by $4 billion and I know many people say that Robert Scott who all of us voted to confirm said we only need $6 billion. I wonder why he said that, I won't second guess him. But I also understand that he's having to terminate several people over at TEA in order to meet the reductions that are required, I know that. And so as we deliberate, members, on this budget, I want you to keep in mind that you campaign on education in the state, I want you to keep in mind. I think as Senator Whitmire said probably the first day, Senator Ellis, when we began taking up the budget, we should put a face on it. I want you to think about the school teachers that we could save if indeed we decided to dip into our rainy day fund. And I guess the question is if we dip into the rainy day fund could we not save some of the teachers that would otherwise be terminated for lack of funding for our education system in the state of Texas?

SENATOR FLORENCE SHAPIRO: I think there's two different questions. I think obviously putting more money into any system you're going to be able to do things differently. I think the idea that we are not fully funding public education is certainly one that we all have to agree to. We have cut and we know we've cut but I believe that we have 4.3 -- now 4.8 million students in the state of Texas and I believe with the $6 billion that we're putting into the system, is it enough, probably not. Is it devastating? Absolutely not. The average school district, and you know the variances from one end of the spectrum to the other Houston, Dallas at the top end and very small school districts at the bottom end, Canadian, at the bottom end, many of those are in your district, Lubbock's not a small district but what we're saying is each and every one of them under this budget have got to recognize that we are in -- and I agree with everyone, we're trying to get out of it. First all on any money will go to public education. The idea that we can find more money property taxes are going to go up, we're convinced of that as they do, that money goes directly to the schools, directly to the schools. When we keep looking at things that are getting better, when we come back and the GR looks better because the sales tax is higher and other things are higher, in two years, this is a two year system that in my vow has got to be evaluated for what we see in public education. And we can't say, well, let's borrow in order to see that this is going to work. We got to be looking out for the next day. Let's not forget we put almost $4 billion of the rainy day fund in this budget to fix this year, the deficit for this year 2010, 2011. So we got to make sure that there's something out there if we don't meet those concerns at the end of the next year. So I believe we've done a little bit of both. We've looked at both ends of the spectrum and we've made both ends try to work and this is not a perfect bill but let's not let perfect get in the way of good.

SENATOR ROYCE WEST: And, Senator Shapiro, I agree with you and all the optimism I hear about the economy on the floor is that it's recovering and so in order to have a step debt measure waiting for the economy to recover. And you sit on the finance committee, and I think I am right about this and Senator Ogden will correct me if I'm wrong, if indeed we're getting all the revenue in and that revenue has not been appropriated, then it will go into the general treasury and so it will be there. But we do know and all of the optimism that's being talked about as a economy recovering if that is, in fact, the case and even feels that way it would seem as though we could kind of take a little loan from the rainy day fund in order --

SENATOR FLORENCE SHAPIRO: It takes more --

SENATOR ROYCE WEST: And take out that loan for the next biennium in order to be a stop debt measure in order to be a cash flow and all of those financial issues during this particular period of time while we're being optimistic about the recovery of the economy. I mean, that's what it would seem as though we would do in order to make certain -- and I agree with you, there's going to be pain and we got to spread the pain around but if in fact we have a reserve in order to help us to deal with that pain on a short-term basis with the realization that, as Senator Ogden is talking about and many of you talked about, that the economy is recovering, then I think that's something we should strongly consider before we look at those pink slips becoming real slips in terms of terminating people.

SENATOR FLORENCE SHAPIRO: The only analogy I would like to make very quickly, and I think we'll probably wrap this up here. The only analogy that I would like to make is that when we look at money, one time money as we did with the 3.2 billion in stimulus money, that's what rainy day fund money is. Rainy day fund is a one time stimulus money, you only put it in one time. So in two years when we come back, it's a one time hit. Why would we spend it at this moment in time when we very well may need it next time? That's my concern and I think we all believe there's going to be more money in that fund. Let's remember when all of us saw the baseline budget for education we were aghast, we were aghast and we said 15 to 16 to 17 percent cuts is unacceptable in the state of Texas and we went to work as a Senate and said we will add 6 billion new dollars on top of that, 6 billion on top of that. That's how we came to that. I want to remind everybody that that is a lot, 4 billion more than the House has. So our argument and our fight should be to maintain the state budget funding because we've got another job to do, we got a job to do across the hall and when we begin that program, you're right, Governor, the House has said they will not spend more rainy day money so we've got to stand tall for the Senate version of the education budget.

SENATOR ROYCE WEST: Well, you know that was going to be easier if we didn't decide to take out the rider, the 3 billion that we're talking about to put into the education. And frankly I'm trying to figure where that 3 billion's going to come from because initially, and correct me if I'm wrong about this, I think I'm right, what we have said in that rider is that subject to certification by the comptroller, we were going to put 3 billion of general revenue, up to billion of general revenue or up to 3 billion of the rainy day fund into a foundation school program in order to fund our public schools. I think that there's going to be an amendment, I think Senator Ogden talked about that and there's going to be another method to have finance for that. Well, if we use another method of finance for it, the money that we're going to be using for some other purpose is now being diverted over to the foundation school program and is being taken from some place else from the budget.

SENATOR FLORENCE SHAPIRO: And we'll have that --

SENATOR ROYCE WEST: We'll have that debate later. But again as it relates to public schools, you know, and maybe the votes are not here and, you know, that's just how it is. But I just want to make sure you put a face on it like Senator Whitmire said to the extent that we don't use that money for 1207 debt measures. Members, you're going to see school teachers in your Senate district laid off. Thank you, Senator Shapiro.

SENATOR FLORENCE SHAPIRO: Thank you, Senator West.

LT. GOVERNOR DAVID DEWHURST: Senator Whitmire, for what purpose do you rise, sir?

SENATOR JOHN WHITMIRE: Probably ask Senator Ogden some questions.

LT. GOVERNOR DAVID DEWHURST: Will Senator Ogden yield?

SENATOR JOHN WHITMIRE: First of all, Senator Ogden, you're absolutely right, I've never seen a group of senators work so hard on getting the transparency, the breakdown in subcommittees and frankly I want to thank you for allowing me to Chair article five. I can truthfully say article five provides for public safety, places a little over $700 million more than the House and our proven capacity needs have been provided for, the alternative and diversion place are in place, parole and probation officers were restored to levels I believe can adequately protect the public and you were pretty sneaky putting me in charge of article 5, you thought that was going to give me those funds to do a good job. One of the real pleasures in serving of this body is sitting to your left in finance and you know how I struggled with what to do in the budget because I'm concerned, been some great talks this afternoon and I think these members that have spoken ahead of me really believe what they're saying, I know they do but I couldn't vote for it coming out of committee and I'm still concerned. At the end of the day I just couldn't go along to get along, I had to do what made me feel right and out of the order in which I want to ask you questions, which my concern that Senator Shapiro when she was frustrated about Senate Bill 12 I think, Senator Ogden, would you not agree that that almost sums up my frustration and the budget and I think many members. We know Senator West has pointed out the budget that is being considered today will lay off teachers, you think the numbers are uncertain but they're being laid off. The proposed solution is Senate Bill 12 which offers up furloughs, reduction in pay or firings. It is unbelievable to me as someone that serves in this body and knows how serious we take our job that that's our option in the state of Texas. The option -- and I think everyone ought to remember, there will be so much said today and so many different articles and details, but I think I could almost sum it up. We're posing to the people of Texas a plan of firing, furloughs or reductions. Now, you know like I do that's not the kind of options that the great state of Texas presents to its school districts. I don't even have to go any further, furloughs, reduction in pay or firing the thousands of teachers and we ought to stop our discussion right now and say, we're going to do better than that but we're not. Senator Ogden, the question I want to ask you what has changed since Friday? Friday a very serious bill Senate Bill 1811 was before this body. Could we be having this discussion about the possibility of passing your finance bill if 1811 had not passed? What would have happened if 1811 would have failed Friday? Is it not my understanding that funds a major billion component of this proposed budget?

SENATOR STEVE OGDEN: If 1811 had failed and there was no way to recollect it, we would have had to rewrite this budget.

SENATOR JOHN WHITMIRE: Well, can you help me understand, and I'm trying to be as collegiate as I can be, but it's time for some straight talk. How in the world do nine of my colleagues Friday vote against funding this budget and today they're proposing we adopt this budget? I am totally without an understanding of what happened since Friday. And let me suggest that some after we get through today will try to paint this as a partisan matter. I am proud of this body, I have not seen the partisanship displayed in other bodies and often raised its ugly head in here. But Friday you had votes to fund this budget that you're fixing to ask us to reduce, all Democrats voted for it, nine Republicans who I understand are going to support it today voted against funding it. You can't have it both ways, can you, Senator Ogden?

SENATOR STEVE OGDEN: Well, I don't know how to answer that since I voted for it.

SENATOR JOHN WHITMIRE: Well, I think it puts a real face on the dilemma for today for some of us deciding what is the best thing to do. Let me ask you something, if we vote to suspend, you've already said you got a substitute that will not spend the rainy day fund for this budget. Is that not correct?

SENATOR STEVE OGDEN: That's correct, it's not substitute, it's a floor amendment to take out the contingency is not necessary to fund this budget.

SENATOR JOHN WHITMIRE: Well, can you not also refresh my memory, did we not, the same people that are voting to take it out today, who voted it out of finance, all but one of our members that supported the bill coming out of finance, included the rainy day fund, did it not? The contingency rider that if it's not in revenue it will go into the rainy day fund. The same --

SENATOR STEVE OGDEN: The 11 members, one of which was not you, but the 11 members that voted it out did vote to allow 3 billion of the rainy day fund to be used as a contingency. They did do that and in this discussion, I want to remind you of this, two things, there's another vote on the rainy day fund coming and it's in House Bill 4 and I think it's more than appropriate for us to debate how much of the rainy day fund, if any, to use to fund House Bill 4. The second thing is 21 votes. It didn't make any difference if 19 members voted to suspend the rainy day fund in this bill, you couldn't do it. You had to have 21 votes to spend up to 3 billion and on Friday nothing has changed. I didn't have 21 votes on Friday, I am hoping I got it today but I didn't have it on Friday and so it didn't make any difference to talk about the rainy day fund because without 21 votes that was a meaningless provision.

SENATOR JOHN WHITMIRE: But the 3 billion that you're finding today, you're finding alternative measures to fund that. One would be postpone, as you explained, and if you were successful to suspend you're going to make a proposal that we postpone Medicaid by 1.2 billion to two years from now. Will that not be paid at that time by the rainy day fund? And a supplemental budget when we arrive two years from now? We already know it's got a 3 billion-dollar, well, that's 3 million out of the current budget, we --

SENATOR STEVE OGDEN: Based on -- to answer that question, based on the current estimates that we have, and Medicaid is always an estimate appropriation and it's based on all sorts of variables, one of which is how much Medicaid populations are going to grow, its economy grows faster than we projected they will not grow as fast. But let's assume that our estimates are right, we may need as much as 3 billion in GR next regular session to cover Medicaid for the next two years. If you reduce it by another billion and a quarter instead of a three bill dollar obligation, it could be as high as 4.125. So you pay for that not knowing that the economy is going to grow and revenues are going to be much higher than the comptroller estimates, we could be running a surplus two years from now like we did just a few years ago. It will be basically an easy decision.

SENATOR JOHN WHITMIRE: Well, the problem with that answer is in meeting after meeting we've had here is we've all discussed you cannot use the rainy day fund because we're anticipating needing it when we arrive and in fact we're now adding additional obligations in the form of this motion you're going to make today. So what's the difference in the philosophy of not spending the rainy day fund in this budget that we're going to commit to have to pay the entitlements when we arrive two years from now?

SENATOR STEVE OGDEN: Well --

SENATOR JOHN WHITMIRE: That will be rainy day expenditures, I know it makes some feel more comfortable that it's going toward existing debt instead of going forward but the bottom line is by this vote today we will be adding to the rainy day fund expenditure in two years. Let me move on to the other part of how you intend to pay for it. I believe there's this possibility that the comptroller services commission going to have additional revenue and that she may certify that she's got $2 billion more. What if she doesn't? What if she's under some of the same political pressures and she decides that yeah, it's there but for whatever reason she doesn't allow us to spend it. Where do you make up that lack of financing?

SENATOR STEVE OGDEN: In the floor amendment that I will propose to the Senate when this budget is before the Senate, if your scenario comes true, then we would direct a 1.25 percent general revenue cut across the board in all state programs except the foundation school program.

SENATOR JOHN WHITMIRE: And how much is that approximately?

SENATOR STEVE OGDEN: 690 million.

SENATOR JOHN WHITMIRE: So have we not already cut approximately 11 billion in current -- from the current budget so we made some severe cuts much better or at least punitive than the House but would you not agree we've made significant cuts across state government/

SENATOR STEVE OGDEN: Yes.

SENATOR JOHN WHITMIRE: So if she does not come up with additional money or if your speculations are not correct, we would then go and cut another 600, $700 million.

SENATOR STEVE OGDEN: Right.

SENATOR JOHN WHITMIRE: How do agencies -- I'll get back to criminal justice, I don't think they can -- I mean, you can say 1 percent but we've already cut everyone. We've already had them cut back and in fact I can use the nursing board as an example. I asked them for their backlog of investigations, they've got 3,000 complaints against nurses, many of them sexual assaults, they've got a backlog of 3,000 investigations as we talk today. How can agencies absorb additional cuts, Senator Ogden?

SENATOR STEVE OGDEN: The answer is I don't know the answer specifically but in the areas where I've managed budgets by my business, I can always make a one to 2 percent cut. I can always do --

SENATOR JOHN WHITMIRE: But you're not --

SENATOR STEVE OGDEN: And it may not always be as comfortable as if I didn't have to but it's not fatal, it never is.

SENATOR JOHN WHITMIRE: Well, what about parks and wildlife? Parks and wildlife as you know is being cut nearly 29 percent. They're going to change park hours, they're going to try to sell parks, they're going to try to give parks to city and county, how would they try to cut funds if it led to the scenario that you got across the board? I mean. That's what the members need to realize we're voting on today. How would parks and wildlife absorb additional cuts? Your business model that maybe you just mentioned that you can always cut a little bit more?

SENATOR STEVE OGDEN: Well, I mean, they would have that option, they also have the option of, in your scenario, to basically increase admittance fees to the park. They could do that, charge a little bit more.

SENATOR JOHN WHITMIRE: How about higher education? Is it not true that because of probably a billion plus cuts in higher education, I know U of H has already proposed a 7 percent tuition increase for this coming September. Senator Ogden, will this budget lead to additional tuition increases?

SENATOR STEVE OGDEN: I don't know, possibly. Although I know the board of regents of Texas A&M University which is a facing a similar type cut as the University of Houston has basically said, we're not raising tuition under any circumstances. They're going to figure out how to make it work with keeping tuition where it's at.

SENATOR JOHN WHITMIRE: Well, one last question. I'm not trying to be provocative, I'm not trying to be argumentative, I really am trying to understand, why would we discuss our state budget which we know we have to pay as we go, we do not run deficit, we're 49th and 50th in most service areas. Why do we keep, for sake of doing the right thing compare to this Washington? Washington is in debt, we know they have runaway spending, but is it really reasonable as we sit here and look at the great state of Texas, a wealthy state, that we would compare ourselves to Washington when we are discussing whether we bring up a budget or not? I mean, I've heard you elaborate about the dire circumstances of the nation but is it really applicable to a state as wealthy and low tax in facing the cuts that this budget has in it?

SENATOR STEVE OGDEN: Well, you know, you can answer that a lot of ways. My answer is no because unlike the federal government, it's not applicable to Texas because we're required by our constitution to balance the budget and one of the things that is a reality up against this unpleasantness is the people of the state of Texas expect us to balance the budget. We will do that and we can do that without raiding their taxes and nobody that I know of was elected last session to come down here and say, you know, the real problem in Texas is that taxes are too low. Let's go raise taxes so we don't have to cut government at all. Nobody told me that.

SENATOR JOHN WHITMIRE: Senator Ogden, did Duncan not do an outstanding job of finding the billion? Why did we let him stop with the list that he had? Why didn't you add the 1.9 billion of nontax moneys for the huge cost gas exemption? I mean, have we really considered all of our options when it comes to providing the services? And even if we don't want to concur, we don't want to go the tax route, just additional nontax revenue.

SENATOR STEVE OGDEN: You know, I don't know about that. I want to talk about high cost gas because I'm a producer. I know exactly what that issue does, doesn't do -- in my opinion that high cost gas incentives should be phased out with the price of gas and so that when gas prices are low, which they are now, producers need incentives to go look for it. When gas prices reach six becomes a thousand which I think they will in the not too distant future, that incentive ought to go away. Now, the truth is I kind of vote a white lie on that.

SENATOR JOHN WHITMIRE: You're going to vote a white lie on the budget?

SENATOR STEVE OGDEN: No, I wrote a white lie on gas --

SENATOR JOHN WHITMIRE: Yeah, I know what you meant.

SENATOR STEVE OGDEN: But if you propose an amendment on a bill that says that huge cost gas incentive goes away when gas produces reach $6 a thousand, I would encourage my colleagues to vote --

SENATOR JOHN WHITMIRE: What about if we took some exemptions off of current products that are not covered, that are exempted from sales tax. Would you consider that a new tax or is that just taking off some exemptions on an existing tax?

SENATOR STEVE OGDEN: : No, I consider it a removal of an exemption.

SENATOR JOHN WHITMIRE: One additional thing, you have speculated that the rainy day fund will be up to $12 billion in two years. Help me and other colleagues explain if we went back home, if it's just one teacher that's actually probably going, hundreds and thousands, but let's take with the one teacher, might even be a graduate of this May majoring in education, I got a call the other day from a student teacher excited, borrowed money and loans to go through school and become a teacher which we've always encouraged. She's not going to have a job. If you have to explain to teachers or prospective student teachers, $12 billion in rainy day, we've already committed 3 billion to the supplemental bucket so as we discuss today, we're fixing to propose that we leave here with significant cuts billion from education, teachers being laid off, students not being hired and we're going to have $9 billion in the rainy day fund, what in the world would you possibly explain to those individuals or try to talk to a group at a town hall meeting. $9 billion, it was bad enough when it was going to be six through your prognosis it's going to be nine.

SENATOR STEVE OGDEN: And I think it is going to be that huge, it is. But you still got to have votes to suspend it and I'm not sure I got 21 votes today. I haven't had 21 votes since bill 24 came on the floor and if the senators will not cast their vote and of us cannot agree, there's no choice, John.

SENATOR JOHN WHITMIRE: Well, let me just say, you don't have a sufficient number to suspend today, I don't think we have to surrender to our circumstances. In your opening statement I wrote it down. Under the circumstances it's the best we can do. I don't think we have to surrender to those. I think I'm speaking for myself, I'm willing to do a combination of significant cuts and find some additional new revenue. Unfortunately I think too many folks want to go just go and go for the cuts. And I for sure would be willing to use the rainy day and I would for sure go back to the coalition that passed out 11 -- 18, 11 last Friday I thought we were certainly making progress in that direction but I guess we'll continue to see how this plays out today. Thank you.

SENATOR STEVE OGDEN: Thank you for your work on the budget.

LT. GOVERNOR DAVID DEWHURST: Senator Watson, for what purpose do you rise?

SENATOR KIRK WATSON: I'd like to ask a couple of questions of the chairman.

LT. GOVERNOR DAVID DEWHURST: Will Senator Ogden yield?

SENATOR STEVE OGDEN: I yield.

SENATOR KIRK WATSON: Thank you, Mr. Chairman. And I also want to thank you for the work that you put in this. I know you worked very hard on it and I think we all share that. I want to -- I was listening to the questions that Senator Whitmire was asking you and I want to start with that -- in fact that's really what I want to focus on because there's been a lot of talk about the rainy day fund and I want to be clear, you think that with the price of gas, of oil that with the projections the comptroller's making about the availability of about $9.4 billion of appropriations of rainy day fund money through 2013 you and the LBB and others think that number is going to be closer to 12 by the time we get there; is that right?

SENATOR STEVE OGDEN: I can't speak for the LBB, I'll speak for myself, yes.

SENATOR KIRK WATSON: Okay. Because part of the question that you were talking to Dean Whitmire about is how you get the votes and what we're talking about here is cuts in public education, not fully funding what we know are going to be obligations in Medicaid but at the same time we're going to have a fund that is going to have $12 billion in it, some of that money's going to come out to deal with issue that we have this session and things that, this isn't like the money that was used in the last session, the stimulus money, this is a dedicated revenue stream that replenishes from oil and gas service tax, right?

SENATOR STEVE OGDEN: In general, yes.

SENATOR KIRK WATSON: And it's really we call it the rainy day fund but its true title is the economic stabilization fund, and as you started with your initial comments, you pointed out and I think others have also said we're in a recession, we're in a down economic time. In fact we're in exactly the kind of time that this fund was created by constitutional amendment by the people for this very type of situation, a revenue shortfall as a result of economic instability, would you agree with that?

SENATOR STEVE OGDEN: Yeah, and do you want to know what the number is?

SENATOR KIRK WATSON: Sure.

SENATOR STEVE OGDEN: 3.9 billion. We have a 3.9 billion deficit and the rainy day fund was created to fund for that and we're going to have a chance to vote on that in the coming days.

SENATOR KIRK WATSON: And then you have, you take the -- do the math on that from the 12 billion you think we're going to have in the future and you obviously at one point thought there was at least a good use of that rainy day fund because you put it into the version of the bill that's currently up for suspension and now we're indicating that you're going to strip that out if in fact you get your 21 to vote for suspension. But the point of the matter is that the economic instability we're going through is serving as the basis for comments that you've made about tightening belts and doing those kinds of things. That's what the economic stabilization fund was created, to help when the people of this state created it.

SENATOR STEVE OGDEN: And I want to make sure, if -- agreement on this floor with what you said, where the debate is amongst conservatives is whether the rainy day fund should be applied to future spending or only used to cover current deficits and the constitution anticipates that bifurcation because to spend 3.9 billion of the rainy day fund in the current biennium only requires a 60 percent vote in both houses but to spend more as you and your colleagues are advocating we have to have a two-thirds vote in both houses. So in fairness of the debate, the rainy day fund has two purposes and the one purpose in which I think there is no disagreement on this floor is to cover current deficits.

SENATOR KIRK WATSON: But let's be clear, I'm not sure there's current disagreements and you've just outlined it. You've just outlined that the constitution expressly provides for spending money, it does set a bar for spending that money but spending money to cover potential shortfalls in the future as a result of economic instability as you've defined it.

SENATOR STEVE OGDEN: Well, future spending needs, you don't know what a shortfall it, you --

SENATOR KIRK WATSON: We can talk about words.

SENATOR STEVE OGDEN: Yeah, you can spend the rainy day fund on future expenditures but it is a higher hurdle.

SENATOR KIRK WATSON: It was expressly contemplated --

SENATOR STEVE OGDEN: There's a disagreement among conservatives, an honest disagreement over that issue. That's why we're here.

SENATOR KIRK WATSON: Mr. Chairman, how many times -- how many times has the rainy day fund been spent so that it had a balance of say less than a billion dollars?

SENATOR STEVE OGDEN: I don't know but.

SENATOR KIRK WATSON: Many times?

SENATOR STEVE OGDEN: Many times. The rainy day fund was minuscule. In fact I remember very well sitting with the lieutenant governor and speaker and chairman Pitts two years ago we were anticipating the possibility that writing a budget during this biennium is going to be harder than last biennium so we all agreed to ask all of our colleagues not to spend any of the rainy day fund, we would save it for the exact situation that we're in now.

SENATOR KIRK WATSON: I guess my question was more directed at the fact that there have been situations where the economic stabilization fund has been utilized by this state to balance the budget to make sure there was the bridge that we needed to get through tough economic times where it has actually been stepped down to a balance that was less than billion -- without anticipating that you're going to have the kind of growth that what you anticipate that we're going to see.

SENATOR STEVE OGDEN: Yeah. I mean, if you want to go back in history one time we used the rainy day fund to fund the governor's enterprise program, that was before it was controversial.

SENATOR KIRK WATSON: I wasn't going to bring that up even, so but I appreciate you bringing that up.

SENATOR STEVE OGDEN: Well, we did it.

SENATOR KIRK WATSON: I was trying to stay away from that. Well, a couple of times Governor Perry has actually -- since you bring it up Governor Perry has -- in the past he has advocated for spending the rainy day fund, hasn't he?

SENATOR STEVE OGDEN: He's advocated to liquidate it.

SENATOR KIRK WATSON: He's -- remind me, how far back was it that he was actually proposing that we liquidate the rainy day fund as opposed to having to save all the rainy day fund in order to demonstrate our appropriate political credentials.

SENATOR STEVE OGDEN: Well, I don't know about the last part and I don't want to go through but it was -- as I believe it was four years ago that that proposal was made and was basically soundly rejected by this House.

SENATOR KIRK WATSON: Mr. Chairman, you were answering questions from -- let me just say this, I don't think there's anybody on this floor that doesn't also agree that there have to be significant cuts. I think there's unanimity that we are in a period of time that requires significant cuts to the budget but there's great concern that as part of dealing with this, some things aren't happening. You stood on the very first day right up here and were sworn in as president pro-tem and you took a pretty bold statement, made a pretty bold statement that it was time to make some reforms in our budget system. This session -- last session when you were offering up the funding consolidation bill and you were accepting an amendment that I was offering in that fund's consolidation bill, you made a reference to our rickety tax system, whatever we vote here today or whatever we vote next time, some parliamentary game may be played to get this budget passed. There aren't going to be any reforms in this budget along the lines s of what you're talking about, are there?

SENATOR STEVE OGDEN: Well, I think Senate Bill 23 which is Senator Nelson's bill which is a major reform passed out of here 31 to nothing, it is I mean -- the costing out in future years, it could save the state as much as $3 billion, its major reform one of the biggest issues is managed care for Medicaid. I think Senate Bill 22 is a major reform bill. So and to certain extent I think 1811 is too. But Senate 22 and are for sure and just as the versions, if we don't pass Senate Bill 22, this budget doesn't work.

SENATOR KIRK WATSON: In terms of reform such as reforming what many refer to as the structural deficit. The margins tax, there's not managed where we're appropriating money to say we want to see some form of fix to that, is there?

SENATOR STEVE OGDEN: No, I don't think there's nothing in the budget that addresses the problems with the business tax.

SENATOR KIRK WATSON: And there's handgun in the beget that addresses the problems with the fact we've got this bad habit of diverting money that has been collected for a specific dedicated purpose and instead used to -- you always play a little bit of a word game with me on this, I would say used to balance the budget, you just say use to certify the spending necessary to balance the budget but there's nothing in this and in fact this has about $4 billion worth of money that was promised for one purpose but now it's going to be used to balance the Committee Substitute to HB1; isn't that right?

SENATOR STEVE OGDEN: I'm not sure it's as huge as 4 billion, I'd have to check it, but it's a significant amount of money.

SENATOR KIRK WATSON: Thank you, Mr. Chairman.

SENATOR STEVE OGDEN: And one thing before we close, please remember this, this is an appropriations bill. The issues on the rainy day fund is a method of finance. We do not have to cut anything more in this bill by removing this amendment. It doesn't affect the appropriation for school finance or school funding or any other appropriations and what I'm telling you is this rainy day fund debate belongs on House Bill 4 and I'm sure you're going to have an opportunity to participate there. It is not necessary to put a rainy day fund contingency in this budget and still maintain the spending levels that are appropriated in this budget.

LT. GOVERNOR DAVID DEWHURST: Senator Ellis, for what purpose do you rise, sir?

SENATOR RODNEY ELLIS: Couple of quick questions, Mr. President.

LT. GOVERNOR DAVID DEWHURST: Will Senator Ogden yield?

SENATOR STEVE OGDEN: I yield.

SENATOR RODNEY ELLIS: Senator, I know you're tired, you've had a long day and you've done a great job. I'd like to say this has been a tougher cycle for you as Chair than others, our colleague Senator Birdwell talked about his last experience, I don't think any of us have had a bad day compared to what he's been through. Senator, is it fair in your judgment to describe a budget as an addition to being a spending measure or an appropriation measure, is it fair to say that the budget is really a reflection of our values? I mean in terms of the stuff we do here, all of us think whatever bill we have is the most important one but is it fair to say the budget be the most important thing we'll vote on is pretty much an assessment a statement of our values, what we believe?

SENATOR STEVE OGDEN: Yeah, would you allow me to agree with you but add a codicil if you will? Within the constraints that we're under, within the constraints that we're all under, I think it is a fair reflection of our values.

SENATOR RODNEY ELLIS: Yeah, and that's the good point within the constraints that we're all under. I heard Dean Whitmire make the point that I was going to make earlier about how it would be difficult for anybody to fairly characterize what is going on this session with regard to our spending as a partisan issue because this would have all been for naught if the Democrats hadn't passed Senator Duncan's bill the other day. I want to ask you this question, were you shocked at the voting turnout as we were going through the process and you were working on me to make a commitment to other things. Did you think that that vote would end up -- did you think you would get all the of the Democrats and barely, it wasn't 12, Dean Whitmire, it was nine, one Democrat and nine Republicans. Did you think that would be the turnout on that vote? Particularly you made the point if that bill didn't pass, the budget was dead.

SENATOR STEVE OGDEN: Well, I didn't look on it as a partisan issue, what I noticed was 23. I think on final passage was it 21 to nine or 22 to nine.

SENATOR RODNEY ELLIS: I know the one that counted was 21 --

SENATOR STEVE OGDEN: Let's say I noticed it. It was above the fact it was 21 and I said I sure wish I could get that on House Bill 1. But couldn't.

SENATOR RODNEY ELLIS: Senator, I want to make the point that when you said earlier about what conservatives believe, I think you will agree with me this has always been a conservative place even when the other party was in control and I say that to make this point. Texas ranks 46 in revenue per capita, 50th in tax expenditures per capita and it didn't get there when the current party in charge took over. It is historically been a very conservative state in terms of spending, is that a fair assessment?

SENATOR STEVE OGDEN: Yes, sir, and I -- yeah, it's conservative and I think people are driving here and moving here as fast as they can. I think we're doing something right.

SENATOR RODNEY ELLIS: Well, that's a good point to make, they are driving here, they are moving here and we brag about that growth and a lot of them do show up and when they buy a home and find out our property taxes are much higher than they are in other places in the country, then they look at our system of taxing people which you have commented on from time to time and state that it is fairly antiquated. Do you have a guess there's no reason why, you know, what we rank in terms of per capita of (inaudible) of students compared to other states? Thirty-eight in current expenditures for student 48th in state and local expenditures for people in our public schools.

SENATOR STEVE OGDEN: And I don't know, that's a sobering statistic but I have read that one of the hugest per capita expenditure is New Jersey and I've never heard of anybody in Texas saying, let's go to the public schools of New Jersey ever. Have you?

SENATOR RODNEY ELLIS: Well, to be honest with you my oldest that ended up graduating from Columbia graduated from public schools in New Jersey and a lot of the issues that we argue about here like teacher pupil ratio, it made a difference if you're in the right neighborhood, I won't call out the neighborhoods that most people think about, she was not in the larger -- in the larger city but she was in the suburb and got a very good public school education to -- to be from Texas, to be essentially considered a Texas resident coming out of a public school and to get into a good college and part of it was because certain schools in that state because of the low teacher pupil ratios are considered some of the best in the country. Here's where I'm headed, Mr. Chairman, at the end of the day assuming that this budget does pass, do you think any of our rankings in Texas are going to go up? Or do you think they will go down? Major rankings in terms of uninsured, spending on education compared to other states.

SENATOR STEVE OGDEN: You know, Senator, it just depends on the ranking. I mean, if you focus Texas and evaluate Texas only on government spending, then I'm not sure the rankings are going to change much. Other states have more serious budget shortfalls than us. I wouldn't be surprised if you pass this budget that as far as state spending it might even go up because states have a much bigger hole than us. But you know the people that move here and the people that I represent that don't just rank Texas on how much government we have, they rank Texas on a lot of other areas and what this budget does in my opinion it doesn't damage what really makes Texas, Texas and brings people here to this state.

SENATOR RODNEY ELLIS: Senator, I know it does concern you that we're right near the bottom, 49th in percentage of the population who graduated from high school and you mention the increase from the House budget in terms of what will go into college financial aid. You know, obviously we've raised the standards I'm just concerned that this budget is not going to do an adequate job because so many people are moving to Texas. I would like to ask you this, in terms of the process, you're a good counter and assuming you don't have 21 to bring this bill up today, you did manage to have enough votes to get Senator Duncan's method of finance out the other day. If you don't have the 21 to bring this bill up today, what happens then?

SENATOR STEVE OGDEN: Well, I don't know. I don't know.

SENATOR RODNEY ELLIS: You mention that you're going to offer an amendment to the budget. Is it fair to say that is fairly unprecedented to amend the budget on the floor?

SENATOR STEVE OGDEN: That type of amendment would be unprecedented, yes.

SENATOR RODNEY ELLIS: And I want to close with this and I want members to think about it as we go through the process. In 2003, we changed precedent here considerably by having a vote on redistricting without the two-thirds tradition which I think gives a sense of collegiality, makes us find a consensus -- how do you define that? Sometimes it means a plurality but enough folks want to say give us a pass, sometimes it means a majority and then for two sessions now, we've had this tradition of a special order. Where we go in and decide certain issues rise to such a level of importance we do that by something less than two-thirds tradition and if there's an attempt to pass a budget, a document that you and I agree is pretty much our value system by something less than that tradition of a two-thirds vote, what we're essentially doing is making the decision that we're going to change the whole nature of how things operate here because that will mean we did it on a political issue, partisan issue, everybody agrees to that when it comes to redistricting then on the issue of how people have that constitutional right to vote and then if we opt to do that on our value system, our budget, that is very bad precedent. From time to time members talk about a slippery slope, I mean, that is the slipperiest of all, folks. Last thing I want to say to you, Mr. Chairman, I know you thought about not coming back. As hard as this is I'm glad you did come back and I sent you a heartfelt note when it looked like you were out of the process and I'm glad you came back and I hope as we go through the rest of this cycle you think about what you would have been thinking if you hadn't come back and assuming you decide not to do this again, do you really want this document after all of the work you have done and all of the years you put in public service to be your final value judgment in terms of what you think about as priorities of the state of Texas? But I thank you for your work.

SENATOR STEVE OGDEN: Thank you, Senator, and your comments are sobering and if we cannot suspend with 21 votes, I am worried about the traditions of this Senate. And so that is why I have worked so hard and done everything that I can possibly think of to get to votes and so I would ask my colleagues not only to think about the budget but think about the traditions of this Senate when I ask you to suspend.

SENATOR RODNEY ELLIS: Mr. Chairman, I do want to mention that I think I've been a little closer to the shoes you've been, than anybody else in this chamber and although we had money in 2001, I think if you can reflect back to that time, I had to give up my sense of humor and put some procedures in place that I think we still even use today in terms of that openness and including more people in the process, it meant a lot because I do not only be there that one cycle and I wanted to be able to look back and feel like I did the best that I could do. If our tradition here becomes one of you have a two-thirds tradition as long as the person, the party, the majority, the 16 who are in power can get their way, but if they don't get their way, they'll change the rules, you really don't have a two-thirds tradition because in reality you can't have it both ways and I have said this in our caucus and in private settings with a number of our colleagues, the tradition is you give me what -- then you can have the facade of a two-thirds tradition. It just doesn't work that way. You can't have it where if somebody says they want to pass a bill but not really pass it then they hide behind the two-thirds tradition and then if something comes up that politically they really think they have to have, they do and I just want to encourage all of us to think about that. I mean when I came here this was primarily a waiting stage for people running on Congress, running for some other office, but somewhere along the way something changed. In going through the redistricting cycle now rarely are members are arranging to draw a line of support of the Senator they can move up the chain hierarchy in terms of running for some other office, most of them are here because this is where we choose to stay and I just want to make sure we think about it because if you -- that is truly putting the last nail in the coffin if our on budget our value system here, we drop that tradition but hey, be that as it may I just have one vote. But you did a great job, Steve Ogden, and I'm very proud of you even if I can't vote for this budget.

SENATOR STEVE OGDEN: Well, I was with you until that last sentence. When you ask your colleagues you said all. It's not the people that are voting to suspend that are threatening the two-thirds tradition, it's the people that are voting refusing to spend and putting this body in the position of not being able to govern and so I would ask you to repeat, I would ask all of my colleagues to consider what we're talking about because people who are voting to suspend on this bill are not the ones that are threatening the tradition.

SENATOR RODNEY ELLIS: I just step back and listen a little longer, if that fiscal affairs bill had not passed, I mean, you know the stuff that's in that bill that a good number of us in this body 2.2 billion deferred to foundation school program payment, 268 million to delay transfers in motor fuel taxes in GR, to state highway fund, (inaudible) payments on the mixed beverage tax, 17 million accelerated payment on the franchise tax 871 million, sales tax 271 million for another 1.2 billion, that was tough stuff for a number of members including you to vote for. I mean we made options, we had options. We made some choices in that bill. We could have decided to slowly reduce that natural gas break in that bill. We could have done something to that retail tax rebate in that bill. We could have slowly phased down the Amazon loop hole in that bill. I think the way the two-thirds tradition has worked around here has been -- everyone has gotten around the table or represented by somebody at the table usually in that Ramsey room or back in the reception room and decided on both sides how much can we give and how much can we take and I don't think that happened here. I think the decision was made to politicize size that rainy day fund. And in your dialogue with Senator Watson, you made the point. People in power have been on so many different sides of that thing they ought to call it the thunder day fund instead of the rainy day fund, the way that has changed so often. But we have choices and I don't think that the choices that were made in this document in my judgment reflect a consensus in this body. I think that the comment was made about political forces, yeah, there were on both sides but I don't think that (inaudible) you refer to me in private a number of times I really don't think that we got to what that level is. I don't think that 21 of us here are that worried about really losing our seats. Some of us may not want to work a little harder to hold on to them but I don't think there's some, I understand that some people who would be voteable in part because of other issues by the way not so much as this one but I think you would have found that 21 I don't think we were given the ability to put as many options on the table to find a consensus in this body. Thank you.

LT. GOVERNOR DAVID DEWHURST: Senator Davis, for what purpose do you rise?

SENATOR WENDY DAVIS: Ask some questions of Senator Ogden.

LT. GOVERNOR DAVID DEWHURST: Will Senator Ogden yield to Senator Davis?

SENATOR STEVE OGDEN: I yield.

SENATOR WENDY DAVIS: Thank you, Mr. Chair, and I want to join all of my colleagues who have stood previously to compliment you on the incredible work and leadership that you've shown in a number of ways. The budget being one of them and I certainly in the limited amount of time that I've been able to spend as one of your colleagues gained a tremendous amount of respect for you. You think you're a very honorable person and you try very, very hard to do what you believe is in the best interest of Texas and I know that's what you're advancing today that that comes from your heart, that belief. But I have some requests for you in terms of some things that are troubling still to me and I know are troubling to the constituents that I represent and others of us here represent and it really starts by going back and looking at some of the decisions that have been made by this legislature in the last few sessions. In 2003 I think it was mentioned previously by Senator Ellis that decision was made to deregulate college tuition and that was done in a tough budget climate and I'm sure it was a very tough decision for the people who made it here and clearly it was an effort to move off of the state's balance sheet an (inaudible) to our public university system that we didn't feel like we could afford and to allow them to create a revenue source that could offset that and that revenue source was tuition increases and we know what happened from that. We know that the rise in tuition has been exponential, and Senator Whitmire just talked about an increase that's going to occur from the University of Houston that he's heard about, just anticipating the impact of this bucket. In 2006 a decision was made to change the way we fund our public school systems and at the time the decision was made the comptroller said, this is a mistake. It's going to under fund the margins tax, isn't going to make it up and she was right. This session when the finance committee began its meetings the comptroller that's in place right now told us that the under funding from that system put us in the position of starting our budget discussions at a billion-dollar deficit and I admired so tremendously when you stood up and you made your comments at the beginning of the session and said that we need to do something about that and I know you meant that and I also know that you have tried to do something about that. I know that you've advanced some ideas to do something about that and they didn't make this into this document that you're presenting today. But I'm worried that we're falling into a pattern that we're about to make another decision that's going to put us on a course two years from now or four years from now, a senator's going to be standing on this floor and they're going to say remember back in 2011 when we did this, remember what happened? Remember what the consequence was just like we're able to say now about 2003 and 2006. I think when you laid out the budget just now in your remarks, we talked about how much we're appropriating and I think it's $11 billion more than the House has appropriated in their proposed budget. And you talked about how we're going to fill that gap. One of the things you said is $3 billion in transportation borrowing and yes, our voters approved doing that a couple of years ago a proposition 12 but we're going to be borrowing money and we're not sure really what our economic picture is going to look like and we're not sure really our ability to the payment of borrowing $3 billion so it's a risk. Would you agree there's some risk there?

SENATOR STEVE OGDEN: Yes.

SENATOR WENDY DAVIS: And then we did the Senate Bill 1811 that Senator Duncan advanced and I voted for and a lot of our colleagues here on the floor voted for but I think we all understood at the time that it's a little bit of a house of cards maneuver. It's going to get us through this short time. We moved off 2.2 billion from foundation school program into the next session. We collected ahead on some taxes, sped up some things and they're all honest efforts to get through a short-term problem but they're not long-term fixes, would you agree with that?

SENATOR STEVE OGDEN: Yes.

SENATOR WENDY DAVIS: So we have 3 billion that we're borrowing for transportation, we got our billion that we added, that's a little bit of that rickety tax system that you worry about, I know you do sincerely and I do too. We talked about -- Senator Watson talked about using the dedicated funds and there's about $4 billion of that and I think you questioned whether that number might be accurate but we know it's a big number, there's a very large number where we're using dedicated funds, that our tax payers paid for one purpose and we're putting them into an account so we can certify the budget. You also talked about the fact that for Medicaid in your rider today if $3 billion is moved off in terms of what we might take from the rainy day fund, that we'll make up that difference is we'll move off some of our Medicaid obligation and if the revenue picture doesn't get better in Texas we're going to have to ultimately look to the rainy day fund to make that up. And we already knew. As you also said in the budget as it's planned today, we're going to have to look to that rainy day fund to fill $3 million of our Medicaid obligation likely if our revenue difference increases. So we know that possibly in the future we're putting off for another day and probably coming out of the rainy day fund another I think you said it was $4.1 billion of a Medicaid obligation that we have today in this budget, it's in this budget 4.1 billion. And so I think you can understand why some of us begin to worry that ultimately this house of cards is going to come tumbling down around us and senates in years ahead are going to look back and say, what were they doing, why weren't they thinking more long term in their solution making and I know we're desperate for solutions to a financial crisis and I know we're dealing with a political situation where it's hard to get enough people to agree to do the brave and courageous things that need to be done to really responsibly manage our way forward. But I don't think this would be your preference, would it be? Would you defend this as being a tremendous responsible way of solving the state fiscal matters that have put us where we are?

SENATOR STEVE OGDEN: Well, you know, I keep qualifying that within the constraints that we have to operate, yes. I mean, when all revenue bills by constitution have to start in the House, we do not have the option to even consider revenue raising, members. Revenue raising measures. The people of the state of Texas spoke loudly and clearly last November, they didn't send anybody down here to start raising revenue for them so I need to at least say that under these constraints we need to respect what I think was a very loud and clear message last November. Now, within the constraints that I have to operate, I'm positive this is a responsible budget, positive. We are not doing anything in this budget that I believe will ultimately harm Texas. What I believe is that if we don't pass this budget, we'll ultimately harm Texas with this budget and the way we're going to finance I think is well within the range of what I would call responsible and prudent.

SENATOR WENDY DAVIS: Well, I respect that opinion, Senator Ogden but if you look just at SB22, and you ask whether that's responsibly solving a problem in the state of Texas, let's go back to 2006. In 2006 we said the school districts trust us. We're going to make you compress your property tax rates and in exchange for that, we're going to make it up on the state side. We're going to do this margins tax, we're going to make

(inaudible) to you. And Senate Bill 22 says, you know what, we never could make it up to you, we never had the money to take it up to you and instead of working toward fixing that problem, we're going to redefine the problem and we're going to change the way we're funding you so that we permanently institutionalize funding you with less and I think it's breaking a promise. I think it's breaking a promise that we made in 2006, and so I do think there's some irresponsibility here. There's a reason that pink slips are going out. There's a reason for that and it is as Senator Ellis said right now when you look at our combined local and state school funding he said 48th, I thought the number was 44th but we're way down there at the bottom, we're way down at the bottom. And when we institutionalize where we are in Senate Bill 22 by changing the formulas downward even more I would be surprised if we aren't dead last and I don't care, we have to be a absolute dead first to do what we're doing. But when we know we're coming up on dead last and pink slips are going out and parents are concerned about the quality of education their children are going to get, I think that that needs to be pause for concern for us. I just want to say one more thing that came up about SB12 and then I'll sit down. Senator Shapiro's right, we worked to hard on SB12 and in SB12 we were hoping to find an alternative to teachers being terminated. At the end of the day the reason that the teacher groups couldn't support SB12 wasn't because it was providing furlough to many exempt salary reduction tools. It was because it was providing those tools and tying them to 2010 funding levels and with SB22 we're never going to get back there and so what they're concerned about and I think rightfully so is we're forever implementing those tools. We didn't put an absolute termination date on it. I think if we did we might actually be able to get some support for SB12 and the other thing that they felt like they were being asked to do and they felt like it was asking too much of them was to take salary reduction, to take furloughs and yet still at the end of the day be subject to termination, and the school districts still needed that tool and they still needed the tool because they understand what's happening to them and the budget that's going to pass. That's why SB12 hasn't been successful and I share in the frustration that we never got it to a point that our teachers could feel like they were being taken care of. That that's where we are. Thank you, Senator Ogden.

SENATOR STEVE OGDEN: Before you sit down, the business tax is a particularly difficult issue since any significant changes in that have to originate in the House and I haven't figured out how to leverage the House into doing anything with respect to it. So I mean sometimes you just got to accept the fact that there's some things you cannot fix over here. But don't forget that Senate Bill 22 is a major reform bill. I said on the first day of this session that the problem with public education funding was not Senate Bill 22 or the current school funding form, it was target revenue. Target revenue is a hold harmless that was build in several years ago that has grown into a monster and in our efforts to basically fix a problem called target revenue, most reasonable people said you can't fix it all at once, I mean, but in Senate Bill 22 we phase out target revenue and when we faze out target revenue we'll have a better school finance system and it will be less subject to court challenge than the one we have now. So I will ask you as we're talking about once again what is not in this bill we need to think about what is also in this bill. Senate Bill 22 in my opinion is a major and essential component in the way we fund public education in Texas and our public education systems will be less subject to court challenge if we pass that bill.

SENATOR WENDY DAVIS: I agree with you Senator Ogden I think target revenue is a very real challenge and it has to be addressed and I also understand politically it was probably very unlikely that we could just chop all the hold harmless financing off the top and then run SB22 formula's down from there. I understand the challenge with that. At the end of the day though target revenue or no target revenue, the school funding formula is decreasing dramatically. The amount of funds that we're putting and our school system is decreasing and you were asked a question earlier by Senator Van de Putte and student population growth and whether we ever failed to accommodate it and I actually have a letter here that the LBB wrote to me in response to that very question that I asked. And what they said was based on our analysis of state appropriations we fine that for the last 27 years the state has appropriated sufficient funds to fully fund state obligations including enrollment growth under the school finance formulas in effect at the time of appropriations. They add that this analysis should not be interpreted to apply that at any point prior to the 1984, '85 biennium the state failed to meet this obligation. Data required for analysis going back is such limited and not readily available for a timely response. So we do know that at least as far back as 1984 or '85, this state has never failed to fund student population growth and we are going to fail to do that, dramatically fail to do that under the budget that's proposed today. Thank you, Senator Ogden.

LT. GOVERNOR DAVID DEWHURST: Senator Gallegos, for what purpose do you rise?

SENATOR MARIO GALLEGOS: Will the chairman yield for some questions?

LT. GOVERNOR DAVID DEWHURST: Will Senator Ogden --

SENATOR STEVE OGDEN: I will.

SENATOR MARIO GALLEGOS: And Senator Ogden I'm not going to be long, I'll be brief. I appreciate the work you did along finance and the vice Chair the rest of the committee members and the subcommittee chairs and I'm looking at --

SENATOR STEVE OGDEN: Senator, I don't mind all this appreciation but what I really need is a couple of votes. Do you think any of that is out there? But thanks for the appreciation, go ahead.

SENATOR MARIO GALLEGOS: And I don't mind telling you it was a good play but I am looking at my press release of two years ago where I voted and I can actually say that right now I'm looking and I'm the only one still here that voted against the budget last session. Do you remember that?

SENATOR STEVE OGDEN: Yes, sir.

SENATOR MARIO GALLEGOS: Okay. And I gave my reasons and they're in my press release and I gave my reasons why I voted against the budget. I mean straight off the bat. I mean I'm not going through all of it but straight off the bat it gutted my school district along with Senator Whitmire's and Senator Patrick's and Senator Ellis' and some of the others that have HISD, gutted 350 million in that school district alone and I'm not even talking about the others. If you add the others it was almost half a billion dollars. And here we are again and I ask you, you know, that just on -- I'm just going to talk about HISD alone. This budget that we're looking at right up here it guts my school district almost a quarter of a billion dollars. Is there -- you know, I mean, do you agree with me on that that it guts HISD almost a quarter million -- a billion -- excuse me.

SENATOR STEVE OGDEN: Well, I would have to look at the -- do you know what the HISD budget is? It's going to be over a couple of billion dollars.

SENATOR MARIO GALLEGOS: Yeah it's almost about a couple billion.

SENATOR STEVE OGDEN: So we're talking about a reduction.

SENATOR MARIO GALLEGOS: I know they're the largest employer in the Harris County.

SENATOR STEVE OGDEN: What is your district number?

SENATOR MARIO GALLEGOS: Six.

SENATOR STEVE OGDEN: District six, the -- I'm assuming that the reduction is in the order of five to 6 percent Houston ISD 7.6 percent so according to my figures it's reduced by not a quarter of a billion but 105 million.

SENATOR MARIO GALLEGOS: 105 million per year?

SENATOR STEVE OGDEN: I think so. Out of a total budget of $1.4 billion. So it's about 7.6 percent. But don't -- I think it's not an insignificant reduction but it doesn't devastate your district.

SENATOR MARIO GALLEGOS: So in other words over 200 million.

SENATOR STEVE OGDEN: Over a two year period.

SENATOR MARIO GALLEGOS: For the biennium okay. And -- I'm just, you know, like I said, I voted against it because it shorted my district, here we are again days -- and I understand that we voted for Senator Duncan's fiscal matters bill and in our -- this bill that you have before us is more than the House but it still you know it still shorts me in my school district over $200 million you know and --

SENATOR STEVE OGDEN: And I understand the complaint very well but the bigger impact on Houston ISD which is chapter 41, isn't it? Is the property tax declines that basically incurred through all the of the commercial real estate in Houston that has a much bigger impact on funding for Houston ISD than what we're doing over here because Houston ISD on a percentage basis gets relatively any state aid. Almost all the money that Houston ISD gets is from almost that commercial real estate downtown Houston and in the Gallerio and all over and the biggest reason why these numbers don't look good in my opinion is the loss in property value.

SENATOR MARIO GALLEGOS: Well, Mr. Chairman and even coming -- before even coming here before the first gavel went down and you spoke and I agree with all my other colleagues' comments of you that you know I know you're sincere and I know you wanted to really -- and I think you've done a damn good job on this budget and but those of us that have to go back and -- you know like Senator Van de Putte and have to answer to our folks and in some cases not only do we have to explain the budget and why we're having this shortfall not only in English but we have to explain it in Spanish you know and I just wanted to tell you that that's what I got to go home to and several others on this floor have to go home to and it doesn't take anything away from the work that you did I can assure you that. It's just that that's what we're looking at here too and I just wanted you to know.

SENATOR STEVE OGDEN: Thank you, Senator.

LT. GOVERNOR DAVID DEWHURST: Senator Wentworth for what purpose do you rise?

SENATOR JEFF WENTWORTH: Just a brief remark Mr. President.

LT. GOVERNOR DAVID DEWHURST: You're recognized.

SENATOR JEFF WENTWORTH: Mr. Chairman I want to tell you thank you very much and I'm a yes on the motion to suspend.

SENATOR STEVE OGDEN: Do we have a second? Thank you, Senator Wentworth.

LT. GOVERNOR DAVID DEWHURST: Senator Lucio for what purpose do you recognize?

SENATOR EDDIE LUCIO: Will the gentleman yield?

LT. GOVERNOR DAVID DEWHURST: Will Senator Ogden yield?

SENATOR STEVE OGDEN: I yield.

SENATOR EDDIE LUCIO: Mr. Chairman I wont use the word appreciate but the process has been inclusive and that's one of my favorite words, to be inclusive, to be able to take part in the process, to figure out how the work we do here overall affects the state of Texas will impact the area that we serve. And the two subject matters that obviously are at the forefront for me and because of the need and the concern is public education, education in general but public education higher Ed, and health care and there's a significant amount of money not included in this budget that is not even close to current spending and for that reason, I find it very hard to get behind to support this. You're right and I wholeheartedly agree with you that this is quite frankly the best you can represent as a chairman of this important committee based on what you hear from the other chamber and I certainly would like to see a different attitude, a different approach. It's unfortunate and I wish we could pass a bill that would allow us to look at revenue raising in this chamber. I think the overall process would be more productive. I have always felt that not only being inclusive is important but finding consensus and looking at compromising and how we approach legislation and especially a budget that addresses the needs of this state should be something that we should all be involved with wholeheartedly. I don't believe though that by voting against House Bill 1 we will be in any way endangering the two-thirds vote because all it does it allows us to send a personal message based on how we represent our district or what we would like to see happen overall. There's a lot in this budget that I don't know how it's going to impact my district. I know there will be a lot of cuts, I know a lot of teachers will not come back next year. This budget passes, nurses and so many other people will be impacted but I just -- the biggest worry of all and I thank you for making it better than the House but the biggest worry of all is the final document will be nowhere close to the Senate document that we worked on in finance and I joined in voting you know for fiscal matters because I realize how important that bill was and all 12 Democrats voted for that so that that bill could succeed and pass and I'll continue to take part in any effort that will bring stability to this state and will address the needs of the people of this state and every session that I've been here since '87, I have witnessed the state of Texas come to us to ask us to consider this or that based on what their highest needs are in their community. In every session we've addressed those more or less, this session is probably one where we don't look at all the complete options that are available in this state. We have a trillion dollar economy, this state is not broke and I would hope that we could show a little bit more compassion for those that are not as fortunate as we are but I thank you for your efforts, I truly do, you're a good man.

LT. GOVERNOR DAVID DEWHURST: Thank you Senator Lucio.

SENATOR STEVE OGDEN: Senator Lucio, to the best of my ability, this budget is as compassionate as it can be in the context with which we operate. We focused on public education funding, we focused on health care, we restored rates when nursing homes told us that if we didn't they would probably close. Unlike 2003, we haven't reduced eligibility or changed policies so fewer people will receive state services, we maintained funding for all people who (inaudible) for state services. If you go back to 2003 and I don't remember if you budgeted this or not, we actually changed rules that basically took people off the Medicaid roles, took people off the CHP roles, reduced -- made eligibility requirements higher so people would qualify. We do none of that in this bill, none of that and so understanding that there's only so much that one chamber can do, this is a pretty compassionate budget and the other thing I'd leek to appeal to you Senator is you know I've been listening to this for ten days now that you know your budget's not so bad Ogden but we figure when it gets over to conference it's going to get a lot different and we can't afford to take that chance. Well, here's the reality and here's the problem that everybody's got to face up to. The member members that vote for this budget, the easier it's going to be more to fight for it and so any additional votes for this budget makes it easier as chairman of finance to defend the budget. But if our House is divided, the other House which appears not to be so divided because of their overwhelmingly majority has a huge negotiating advantage so I would ask you again to consider your vote to suspend the on this bill, I think it is compassionate and I think the more votes I can get for this bill the more likely it is that this will ultimately become the law of this state.

SENATOR EDDIE LUCIO: Mr. Chairman this budget is more compassionate in the House but not compassionate enough. Not when you cut 5.5 billion total from public education in over six or seven out of the health and human services. I just -- if we were looking at these current spending, we're not even looking at growth and additional need but I appreciate your efforts. Thank you.

SENATOR STEVE OGDEN: Thank you Senator.

LT. GOVERNOR DAVID DEWHURST: Senator Whitmire for what purpose do you recognize?

SENATOR JOHN WHITMIRE: Will the gentleman yield?

LT. GOVERNOR DAVID DEWHURST: Will Senator Ogden yield?

SENATOR STEVE OGDEN: I yield.

SENATOR JOHN WHITMIRE: I didn't want you to yield for this purpose but in that last exchange you said you need greater strength or as much strength in votes representing the body going into conference. You know, it's been the concern as we contemplated voting for this bill some protection that it would come out of the conference as the Senate version knowing there would be some modifications but you know we just couldn't get that assurance, Steve, other than everyone's intent but a number of us were looking for some guarantees assurance and maybe a two-thirds rule coming out of the conference and we never received that and you're aware of that of course, which might lead me to why I wanted to stand back up. The exchange dialogue you had with Senator Ellis, you surely didn't mean -- I know we all get emotional and compassionate but I couldn't sit here as a member and let you really without reconsidering you don't really mean those that might vote no would be responsible for any future demise or the removal of the two-thirds rule?

SENATOR STEVE OGDEN: Well --

SENATOR JOHN WHITMIRE: Because we were actually, that two-thirds rule was fixing to allow the process to go forward if we could get it coming out of the conference but the decision wasn't so that would be a negotiating matter if we still kept the two-thirds in place. But now, you know and I know that it's being threated and you're attributing the threat to those who are going to vote their districts, their convictions and you know that's wrong in my judgment.

SENATOR STEVE OGDEN: Well, one of the -- maybe it would be fairer to say because the point I was making you can't blame the people that are voting to suspend that somehow the two-thirds rule is affected. The reason that the two-thirds rule could be affected is because we cannot muster 21 votes on anything and so maybe you could say argue that no matter how we vote it shouldn't have an impact on the two-thirds rule and I'll say all right I can see that no matter how you vote but here's the problem. We were not sent down here to preserve the two-thirds rule. We were sent here to govern. The people of the state of Texas don't give diddly about the two-thirds rule but they expect us to produce a budget that will meet their needs for the next two years and if we don't, they're going to fire us. So my point is if I can't get the suspension, that doesn't allow me to go home and say well couldn't do anything, sorry, I guess we'll just try again late where everyone gets around to agreeing.

SENATOR JOHN WHITMIRE: But this is not a referendum on a two-thirds rule. You're absolutely right. It is a rule --

SENATOR STEVE OGDEN: I won't argue that.

SENATOR JOHN WHITMIRE: -- that produces and I would ask when you didn't mention that last Friday when you almost lost that critical vote, I mean that would have blown the thing up just as well but they weren't jeopardizing -- the nine Republicans that voted against a major component funding of what you're trying to pass, they wouldn't jeopardize apparently last Friday the two-thirds rule. Steve, you and I know if we didn't think the two-thirds rule would be in jeopardy tomorrow, we wouldn't be out here on this Senate floor. The only reason in my judgment and ask whether you have an opinion if we all felt like the two-thirds would be in place tomorrow, we would be in the back room negotiating trying to make this even a better bill. The bill a true consensus in what the people of Texas want. Individuals come together to consider all options, I will bet you if we knew we were going to have the two-thirds tomorrow we'd be back there compromising with

(inaudible) cuts and perhaps new revenue but no we've ended that section and dialogue because you and I know if we come up short it's going to most likely be a rule change and I would just urge you to reconsider your comments because in my opinion if the two-thirds rule is removed tomorrow, it's not by those who voted their district, their convictions it's going to be done by the person or persons who decide to end that rule would you not agree?

SENATOR STEVE OGDEN: No.

LT. GOVERNOR DAVID DEWHURST: Senator Patrick for what purpose do you rise?

SENATOR DAN PATRICK: To ask the author a few questions.

LT. GOVERNOR DAVID DEWHURST: Will Senator Ogden yield?

SENATOR STEVE OGDEN: I yield.

SENATOR DAN PATRICK: Senator I'll be very brief you've been standing up for about three hours and I respect the conversation today. I think its been a respectful conversation as we've seen on the Senate floor on issues as we've seen as this. Since I'm the only Republican that so far has a no vote on the bill registered, that was a tough vote for me to take as you know because with your leadership and the other members of the finance committee I worked just as hard and I worked on the fiscal matters committee and worked on the education side and I said in committee that night as you'll recall that I supported the budget, it's a good budget. Senator Watson earlier said everyone expects significant cuts. I assume he was speaking for his party as well as our party, I don't consider cutting our schools an average of 5 percent significant, it's a fair cut. Some schools will be two or 3 percent, some schools will be 8 percent but everything's got a budget and we do fund public safety, thanks to Senator Whitmire, and we are adding money to the border and we are addressing the Medicaid need and the nursing home need and we are addressing our teachers and our classrooms and we're still living within our means by cutting $11 billion. My no vote was based on the rainy day fund and because you have made a decision, I know wasn't easy, I will be voting to suspend because you have once again passed a very good budget and now, the approach gets us there that I can support. You know it's easy when there's a financial crisis to do one of two things slash and better than or raise taxes but the eye of the needle that has to be threaded is what you've done and you've managed to do that I think in a brilliant way in leadership and you have shown even on the committee, Republicans and Democrats and those not on the committee. You know it's interesting, the Bible says it's tougher for a rich man to go to heaven than put a camel through the eye of a needle and some misunderstand that because the needle in some studies Biblical studies is a small door and the camel would have to be unloaded and unpacked to get into that door. God didn't say you couldn't get into heaven but it would be harder, it could be done and what you done is taken that small door which is the money that you have to extend yourself, taken that big camel which is the state of Texas and you've managed to get that camel through the eye of the needle. I respect that and to my colleagues in the other party, let me just share with you, we want to be where you want to be on this budget. We know you want to spend more money but there is no more money. As Senator Ogden said at the beginning we weren't sent here to raise taxes, we were sent here to live within our means. And the best way to my Democrat friends, I believe you can be where you want to be and where we want to be is to support this budget without the rainy day funds because it would be easy to say yes but it's going to get voted down very likely but by finding another path to reach the same destination and saving the rainy day funds for the future, maybe we can pass a budget here that has a very likelihood of being accepted. Because if you look at the education runs and I've been meeting with my House members and showing them what the school systems will take under their budget and our budget, it's shocking. They're looking at percent cuts, we're looking at average 5 percent cuts. I think the House wants to join us but we have to give them a path to join us and I think this is a path and that's why I'm going to support this and I appreciate you talking the rainy day funds my reason because I believe we need them for the future and Senator West you said earlier you're looking for courageous votes well, I can assure you I have been trying to explain to my conservative friends that we need not to spend the rainy day fund but we need to fundings and the classroom and the teachers. I've been telling my education friends that we need to live within our mean, finding that needle to thread is what Senator Duncan -- Senator Ogden has done in this budget so I stand here to suspend, I stand here as one of 19 who are one. It is my belief that all 19 Republicans stand with you on this budget that lives within our means, protects the rainy day fund for the future, funds things, will keep teachers employed and I hope there are a few of our friends who will join us here today. Thank you Senator Ogden.

LT. GOVERNOR DAVID DEWHURST: Well, I thought we were about to wind up and we got more speakers. Senator Hinojosa, for what purpose do you rise?

SENATOR JUAN HINOJOSA: Just to make a brief statement and to ask a question of Senator Steve Ogden.

LT. GOVERNOR DAVID DEWHURST: You're recognized.

SENATOR JUAN HINOJOSA: Let me first off by saying chairman, that I think you've done a great job and I've been your co-pilot the whole process.

SENATOR STEVE OGDEN: Thank you.

SENATOR JUAN HINOJOSA: And I know you worked hard, we worked hard made some very difficult decisions and I voted for the budget in the finance committee, I really took a hard vote because I agree with you that the budget Senate Bill 1 version means that we don't have to close nursing home, that we don't have to push out 60,000 elderly, that we would have to fire 47,000 nursing home employees. I also understand that we've got two priorities, public safety, health care, public education and we had $12.1 billion above the House version but I'm somewhat (inaudible) I know Senator Patrick voted against the budget but what gave me comfort when we entered a rider in the finance committee that took $3 billion in the rainy day fund is backup for the $3 billion we put in education. Now, it's a backup to the rider that says that if there's additional revenue, that's certified by the comptroller then that money will go to public education. The problem is that the comptroller is gun shy. We don't know what she's going to do. She may or may not certify this money. You and I know that the economy continues to improve even though you and I know that our Texas health revenue is increasing but also keep in mind that holds our rainy day fund, state revenue is also increasing, the price of oil is $110 per barrel and I don't think and I don't see it going down in the near future so the projection would be about is $12 billion sometimes down in the future to rainy day fund but Senator Dan Patrick says now he's going to vote for it but the reason he's going to vote for it because we removed that rider that guaranteed the $3 billion of financing and I was going to vote for it before and take the hard vote because of the Senate rider. Now he's going to be looking look the good guy with the white hat going to vote for it. But now -- Senate rider two-thirds vote -- get his vote we're going to be the bad guys and I know it's a tough choice and sometimes

(inaudible) are unfair but I don't think that those of us who vote not to suspend doesn't mean we don't want to govern for the simple reason that the rules have changed to move again to bring in some of the people who are not willing to suspend and now all of a sudden we need these to support the budget because the rider will be cast as the bad guys. And I appreciate your hard work but for the removal of that provision guaranteeing the $3 billion of rainy day fund, I would have voted to suspend, it would have been a difficult vote for me but I could have explained to my constituents that I was tryings to minimize the damage, we were going to trade water and it would be okay. But to guarantee the $3 billion in the rainy day fund, I can't explain that to my constituents especially my teachers and I feel bad about it because you're a very good chairman, you're honest you tell people a lot of people no and those priorities you head mad to make hard choices and you did that and I just want to clarify my position because I've always supported you and it just makes it very difficult for me once we took that -- now that I know we're going to remove that writer I just want it to be cast and not willing to be governed. Thank you.

SENATOR STEVE OGDEN: : Senator, I'm not sure I've ever had anyone sitting next to me who's done a good a job on behalf of the finance committee as good as you and so regardless of what happens on this bill thank you for your efforts to this point. Two things I'd like to say in response to what you said. The reality is it was never we Democrats, the only Democrat that was willing to say that they would vote to suspend is you. I could never get another one to agree and so I can never get the 21. I thank you for your willingness to do to help keeping this process going and now, I understand why you may not be able to suspend because we're taking out a critical provision and you know that's going to happen so I understand that and respect your decision but I want to tell you if I could have figured out anyway to get to 21 I would have done it but I'm going to tell you I'm stumped, couldn't do it, couldn't figure it out, you were the only democrat I new for sure that was going to vote to suspend and one democrat wasn't enough.

SENATOR JUAN HINOJOSA: And one more point Senator Ogden, I know that you are in an untangible position and you have been placed at because lack of support for leadership and I appreciate your leadership.

SENATOR STEVE OGDEN: Thank you.

LT. GOVERNOR DAVID DEWHURST: Senator Zaffirini for what purpose do you rise?

SENATOR JUDITH ZAFFIRINI: To ask questions really.

LT. GOVERNOR DAVID DEWHURST: You're recognized.

SENATOR JUDITH ZAFFIRINI: Thank you Mr. President. Senator Ogden, my purpose really is to ask questions and not make a speech at this point in time I'll make my speech later, but first today I'd ask you do you remember the day that the health and service commissioner and the commissioners from every health and human services agency came to testify before the finance committee?

SENATOR STEVE OGDEN: Vaguely.

SENATOR JUDITH ZAFFIRINI: Do you remember that they identified for us their first second and third priorities for health and human services?

SENATOR STEVE OGDEN: I don't remember what those were.

SENATOR JUDITH ZAFFIRINI: Do you remember that the commissioner testified that they needed more than $9 billion added to the base bill in order to offer a bare bones budget.

SENATOR STEVE OGDEN: If you say so.

SENATOR JUDITH ZAFFIRINI: They did. That's exactly what he said and yet how much money did you give to the subcommittee or make available to the subcommittee to add to article two?

SENATOR STEVE OGDEN: Four and a half billion.

SENATOR JUDITH ZAFFIRINI: Four and half billion, did you provide more money after that?

SENATOR STEVE OGDEN: Yeah it went to 4.8.

SENATOR JUDITH ZAFFIRINI: And the commissioner --

SENATOR STEVE OGDEN: In general revenue which was seven or 8 billion-dollar increase in all funds.

SENATOR JUDITH ZAFFIRINI: Right and what he needed was 9.2 in GR too. So the commissioner said that he needed 9.1 billion or 9.2 billion some point above $9 billion and we added less than 5 billion, we are far short of what the experts, the professionals in health and human services said we needed for a variables budget is that not true?

SENATOR STEVE OGDEN: We're not short of what they said we needed. I'm not sure that they said for a bear boned budgets they said under current law this is what they thought we needed. We didn't have it so you and other members on the subcommittee figured out how to do as much with less.

SENATOR JUDITH ZAFFIRINI: Do you know by what percent and what dollar amount each agency of health and human services was cut.

SENATOR STEVE OGDEN: No.

SENATOR JUDITH ZAFFIRINI: Do you know the impact of this budget as you are proposing it today on waving this for health and human services?

SENATOR STEVE OGDEN: I think it's going to have a positive impact because what I've been told by Senator Nelson and others is that as we go on to these managed care programs, many of the people on the waiting list will automatically go and so what I think the impact on this budget is you're going to see a dramatic waiting list Senator.

SENATOR JUDITH ZAFFIRINI: Well, I hope you review the figures before you bring the bill back up tomorrow so that I can ask you some questions about the waiting list at that point.

SENATOR STEVE OGDEN: Okay.

SENATOR JUDITH ZAFFIRINI: Specifically regarding the universities and higher education in general what percent and what figure was the budget cut in comparison to the last biennium budget?

SENATOR STEVE OGDEN: I think the formula funding for the 35 upper level institutions was reduced to 5 percent compared to the current biennium. I think we reduced special item funding by what was it percent and trade to make sur that no one university took more than a 15 percent cut I remember.

SENATOR JUDITH ZAFFIRINI: Every university was held harmless at 15 percent correct?

SENATOR STEVE OGDEN: Yeah. We restored funding for community colleges and we're attempting to fund the health science centers with a tobacco fund which is a vote that will be coming up on the floor here eventually.

SENATOR JUDITH ZAFFIRINI: The original plan was to --

SENATOR STEVE OGDEN: So you know I think universities are taking cuts but I've been told by university presidents that I run into is that they can make it on the Senate budget.

SENATOR JUDITH ZAFFIRINI: By what percent was the health and science centers were cut.

SENATOR STEVE OGDEN: I think it was percent.

SENATOR JUDITH ZAFFIRINI: 20 percent, $400 million for the health science centers?

SENATOR STEVE OGDEN: I appreciate your help on my bill.

SENATOR JUDITH ZAFFIRINI: I vote no, thank you. I'm glad you appreciate it though and this bill also facilitates liquidating the permanent health for higher education does it not?

SENATOR STEVE OGDEN: Well, no this bill doesn't address that.

SENATOR JUDITH ZAFFIRINI: But it facilitates that reflects that in what you accomplish in a different bill.

SENATOR STEVE OGDEN: I mean the bill's silent on that.

SENATOR JUDITH ZAFFIRINI: But it reflects the liquidation.

SENATOR STEVE OGDEN: It assumes.

SENATOR JUDITH ZAFFIRINI: It assumes that will be.

SENATOR STEVE OGDEN: It assumes it will do that.

SENATOR JUDITH ZAFFIRINI: Which you make possible in the other bill which I also voted against.

SENATOR STEVE OGDEN: So, go ahead.

SENATOR JUDITH ZAFFIRINI: Thank you Senator. I really did want to ask you some questions and as I said I'll save my speech tomorrow but I will ask additional questions tomorrow. Thank you very much.

SENATOR STEVE OGDEN: All right. Thank you.

LT. GOVERNOR DAVID DEWHURST: Senator Rodriguez for what purpose do you rise?

SENATOR JOSE RODRIGUEZ: Mr. President to make a statement to Senator Ogden and to the rest of the body about why I'm not going to vote to suspend, why I'm going to vote no to suspend. And the reason --

LT. GOVERNOR DAVID DEWHURST: Could you hold just for a second?

SENATOR STEVE OGDEN: The way to do that is to say would you like to know why I'm going to vote no to suspend then I'll say yes.

SENATOR JOSE RODRIGUEZ: Ask it in the form of a question? I do have one question for you.

SENATOR STEVE OGDEN: Then ask to be recognized for a question.

SENATOR JOSE RODRIGUEZ: I want to be recognized to ask a question, Mr. President. You know I had a long list of things about how this budget as it's being proposed would have an impact on local government and principally because I spent almost 20 years in local government and the people have talked her in general about the impact on education as a whole on health and human services and so forth but I think we need to also remember that local governments are going to be heavily impacted and I'm going to cut to the chase, I'm not going to go over all the various cuts impact on different aspects of local government and especially back home in El Paso county but I had to say this because I heard this said here several times today and that is that nobody wants to raise taxes, people didn't send us here to raise taxes, we don't want to raise taxes but let's face it we are, in fact, helping to raise taxes with this budget and we're doing that frankly by passing the buck to local government. The county of El Paso and all the rest of the counties are going to have to logic at raising fees, raising taxes in order to deal with a lot of the unfunded mandates they already have on their plates, some new ones that are going to be visited on them by this budget and so I think we have to be straight with our constituents that their taxes are going to be raised Mr. Chairman. Don't you agree? That's my question to you. Taxes are going to have to be raised one way or the other to pay for some of these services and I didn't outline them but I could if I had to about which ones are going to cost El Paso county to have to raise taxes in our hospital district and on and on.

SENATOR STEVE OGDEN: The answer is I don't know. I don't know the situation in El Paso to say raising taxes is not the only alternative. Sometimes it is a better alternative but it's never the only alternative so I don't know.

SENATOR JOSE RODRIGUEZ: Well, unfortunately let me tell you our hospital district at least 21 to 25 million are estimated to be lost on the budget for the Medicaid cuts but that's just one example as I said I don't want to have to belabor the points of getting into the specifics of all the others but the bottom line it seems to me we are, in fact, raising the taxes we are passing the buck to the local communities people are going to feel the pinch one way or the other. And especially for counties look El Paso county and other border communities and others throughout the state too that have low tax places, they're going to feel it even more so than some of your other districts here that have of course welfare of tax space support of Senator I wanted to make that point that look I cannot in good conscience support this if in fact this is what war talking about and I nab a freshman and I've learned a few things here up to this point and I just -- by the way appreciated the two-thirds rule and other comments that have been made about how we're not like Washington and we don't want to be like Washington. I think you made those comments very forcefully and I certainly did not want to be like Washington but I do agree that if the two-thirds rule is thrown out the window tomorrow or down the line that that's exactly where we're going to be and so I reluctantly unfortunately have to tell you that I cannot vote to suspend. Thank you.

SENATOR STEVE OGDEN: Thank you Senator.

LT. GOVERNOR DAVID DEWHURST: Senator Uresti for what purpose do you rise?

SENATOR CARLOS URESTI: To ask Senator Ogden a couple of questions.

LT. GOVERNOR DAVID DEWHURST: Senator Ogden do you yield?

SENATOR STEVE OGDEN: I yield.

SENATOR CARLOS URESTI: Thank you Senator Ogden and I promise to be very brief. I wasn't going to say anything but I heard some things that concerned me and Senator Ogden you served in the House before you came over to the Senate did you not?

SENATOR STEVE OGDEN: I did.

SENATOR CARLOS URESTI: And when I first started in the House back in 1997 it was a new experience and I had a hard time understanding why my colleagues on the other side of the aisle voted a certain way and then I realized -- took a little while -- but I realized they were voting their districts and so tonight I've heard some discussions about the two-thirds rule possibly being modified because we vote our district. That concerns me and that's the main reason I decided to recognize and just ask you a few questions because whether it's 16 votes or 19 votes or votes I mean do you agree with me we should all vote our district?

SENATOR STEVE OGDEN: Yes.

SENATOR CARLOS URESTI: And I appreciate the fact that you and I had a chance to talk a few weeks ago I think it was and you took time out to meet with me and that meant a lot with me and I respect you very much not only because you're the Chair of finance but because of your military service and I think you and I have a lot in common in that regard because both of our sons serve in the Marines as well but I asked you and you were very frank about it I asked you I said Senator Ogden could we do better and do you remember what you told me?

SENATOR STEVE OGDEN: Yeah.

SENATOR CARLOS URESTI: And you said yes and you said yes we could and because of that and because I respect you very much and you were very frank with me, I've been holding on, I've been holding on to represent my district to try to come up with solutions and to try to work with you in this body and in order to get a bill that we can all go back home, understand there'll be cuts, there'll be some tough cuts but where we often go back home and explain it to our constituency and the one there's a lot of issues but the one issues I want to ask you about briefly that concerns me that's in the bill as I understand it deals with of course child abuse and neglect prevention services and as I understand the bill, there will be a 40 percent cut to child abuse and neglect prevention services, is that correct, Senator Ogden?

SENATOR STEVE OGDEN: I don't think so. What services are you talking about?

SENATOR CARLOS URESTI: Say it again.

SENATOR STEVE OGDEN: What services are you talking about?

SENATOR CARLOS URESTI: There will very little -- well very little as you said in prevention service but there's a number of different services and the comparison that I've been given state that there's percent cut in child abuse and neglect prevention services.

SENATOR STEVE OGDEN: Well, and you know I don't know the exact answer to that because you know I don't remember a line item that specifically says child abuse prevention. I'm sure there is but I don't know exactly what it is. I know, I think we're actually not cutting them at all. I mean one of the things in this budget is that one of the most important issues with child abuse and neglect is CPS caseworkers. This bill actually increases the number of CPS caseworkers and to the extent that CPS caseworkers are involved in child abuse and neglect and to the extent that more CPS workers should have an impact on that, at least in that area this budget increases the number of CPS caseworkers, it also main tans funding for foster care which is a big deal in the area of child abuse and neglect and on programs that Senator West is very passionate about, assisting relatives with taking care of children and foster care. There's a grandparents program, we put funding into those. So there may be a program in there that's cut by 40 percent but overall I don't think there are major cuts in child abuse and neglect services in this budget in fact there's some increases.

SENATOR CARLOS URESTI: Well, and there's some others and I know it's been a long evening but I'll save my questions for later Senator Ogden. I just hope you would understand that all of us have to go back and represent our district and explain this budget but as long as there's money sitting in the rainy day fund, whatever that number is, they hope this whole body will remember at the end of the day what's really important is to prioritize and be sure that our children are placed first and Senator Ogden thank you again for your work.

SENATOR STEVE OGDEN: I don't think there's anything more important to vote your district and my argument to you today is your district will be better off with the Senate bill than the House bill and it'll do a better job protecting your district if you vote for this bill and give me the support I need to go fight for this in conference.

SENATOR CARLOS URESTI: Thank you Senator.

LT. GOVERNOR DAVID DEWHURST: Senator Williams for what purpose do you rise?

SENATOR TOMMY WILLIAMS: A question that I wanted to ask Senator Ogden.

LT. GOVERNOR DAVID DEWHURST: Will Senator Ogden yield?

SENATOR STEVE OGDEN: I yield.

SENATOR TOMMY WILLIAMS: Senator Ogden, a lot of people have told you how much they appreciate your hard work. I would like for us to focus on the process that we've been through as a Senate finance committee and I've had the privilege on serving on the Senate finance committee since I showed up here in the Senate here in 2003 and all except one of those sessions, maybe one or two you've chaired the committee and I really appreciate the way we have focused on public education, health and human services, and public safety and I don't remember ever a session where we were more careful about setting our priorities for what we wanted to do than we were this session and we didn't break up into work groups and work on these issues behind closed doors, you appointed subcommittee -- half of the Senate finance committee was on a subcommittee that dealt with public education and another half on health and human services and both Senator Nelson and Senator Shapiro did great jobs on those committees and in the face of you know really tough choices that had to be made and those hearings were conducted in public so that all of the stakeholders and interest groups could focus on what we were doing in those top two priorities we had in our budget public education and health and human services and then I had the privilege of working along Senator Whitmire on the public safety piece and he worked on a lot of the correctional system stuff and had the opportunity to work on the Department of Public Safety issues and when we got through with that and once we met your direction which was tell me what we have to do, how much do we have to spend to get these things where we can get through this next budget cycle in hopes that the economy would improve. We kept working a week or two overdue of our deadlines as I recall at your best to try to come up where a recommendation to the Senate finance committee as a whole about how we would solve those problems and it was only then that we worked on public safety, higher education, transportation and natural resources and our retirement systems, the retirement systems. Now, its been a long evening, we all want to vote but I think that I have never at least in my experience seen anything that was so open and transparent and so focused on the job before us and not only that but there was a partisan balance on every one of those committees so that everybody's not just partisan but geographic and all the considerations that make -- that go into writing a budget for the entire state of Texas was taken into account by you when you set up those subcommittees and my hats off to you it's unprecedented. Nothing has ever happened like that in the Senate finance committee. So I've looked back, I've had my staff (inaudible) and it looks like this may be a partisan vote and I can tell, you are the first chairman of Senate finance to ever face a partisan divide on the budget and I'm sorry that that fell on your soldiers but I want to tell you that you've handled it as well as anybody could and I think it's important to look back as far as 1991 and you were here in the 1991 and I think Senator Duncan was here and I think Senator Jackson and there were a few people around here were here in 1991 but in 1991 there weren't enough Republicans to block the budget in 1991 and yet if you go back and we were in the tough situation just like we are, maybe not quite as bad as this time but if you go back and look at the voting record what you're going to see is Senator Bivens and Senator Ratliffe voted to suspend in the budget on a body that was controlled completely by Democrats and they voted for the budget and Senator Sibley voted to suspend on the budget. So you had a bipartisan effort and it wasn't you know -- and that continued on even after we gained enough to block but there weren't enough people to get a majority, the 21 votes so there was a long spell in there. But I want to tell you that you've been much more gracious about this than a lot of us would be in your situation, I would just appeal to my colleagues to look at the history of the Texas Senate and if you go back and examine it, this is an unfortunate precedent that we have and this is not the first time that we have had a budget shortfall or that we've had tough choices that had to be made but it is the first time that I can find where we've had a partisan, what appears to be a partisan block on the budget and so I just wanted to ask you is there anything that in your experience because you've been here longer than I have where you've seen this kind of lock down on the budget.

SENATOR STEVE OGDEN: Not just that but I don't have any experience dealing with the kind of constraints that we're under and -- no I've never soon partisan lock down. I've never been in this exact circumstance either so --

SENATOR TOMMY WILLIAMS: That's correct well, I think we've worked hard to maintain services for the most vulnerable people that live here in Texas, nursing homes, state supportive living centers, mental health services, community hospitals and waiver slots. We provide financial aid for students who are

(inaudible) on state assistance, maybe not at the levels we would like and we maintain rehabilitative treatment for incarcerated people a program that Senator Whitmire fought hard for over a couple of sessions and we've also improved health insurance benefits for our state employees and we've avoided massive state layoffs, I think that's important because in the end when we're going it's our state employees who are going to keep state government working for us and I just -- I want to thank you for what you've done and I am proud to support this budget like many in the chamber I wish it could be a more comprehensive budget than it is but you have to play the hand that's dealt you and Senator Ogden you didn't get dealt a very good hand on this budget. You have played it as well as it could be played and I hope that my colleagues will think about the problems that we face and that we could come together as a body and move this process forward so that we can then go to conference and fight for the Senate budget because as I've said in our caucus meetings I don't want to be here all summer trying to pass a budget but I am willing to stay here -- out of the Senate -- but I am willing to stay all summer to pass our budget if that's what it takes and so I really appreciate all your hard work, my hat's off to you.

LT. GOVERNOR DAVID DEWHURST: Senator West for what purpose do you rise?

SENATOR ROYCE WEST: A question of Senator Ogden.

LT. GOVERNOR DAVID DEWHURST: Will Senator Ogden yield?

SENATOR STEVE OGDEN: I yield.

SENATOR ROYCE WEST: My brother, and I've listened to my desk mate Senator Williams but let's make certain we put this in proper perspective. Senator Williams talked about what happened in 1991 as it relates to this body being controlled by democrats and Senator Bivens and Ratliffe voting for the finance bill. When this bill -- a couple of things, historically we don't amend the budget on the floor, I think that's right. Secondly, when this bill came out of the committee did it have bipartisan support?

SENATOR STEVE OGDEN: Yes.

SENATOR ROYCE WEST: Okay. So it was a partisan issue were even though there were Democrats that didn't support it, there were Republicans that didn't support it in the committee; is that correct?

SENATOR STEVE OGDEN: Yes.

SENATOR ROYCE WEST: Okay. So we had a bipartisan bill coming out of the committee and we were working on trying to get a bipartisan bill voted off this floor; is that correct?

SENATOR STEVE OGDEN: I'll talk your word for it.

SENATOR ROYCE WEST: Well, I mean you were working also. There were several of us working on trying to make certain that we had Democrats and Republicans supporting this bill coming off the floor. So let's kind of make sure we put this in perspective and I don't want to get up and start talking about this tonight but frankly when I heard this was going to be the issue on how this budget, we're going to take the rainy day money out and substitute another method of finance, the first time I heard about that was this morning and I think that's the first time many of us heard about this this morning. So now to stand up and say this is a bipartisan divide, this is not a partisan divide that was made by the Democrats, I mean we voted on the bill coming out of the committee. It was a bipartisan bill. We voted on Senator Duncan's bill and but for the Democrats voting on it, it would not have passed. I heard Senator Patrick said some items few moments ago that 19 Republicans were standing together. Well, Senator Patrick, I'm standing for the people of the state of Texas. That's who I'm standing for, I'm standing those for those teachers that are going to be laid off. I'm standing for those kids that are going to have larger classrooms now as a result of what we're doing. That's what I'm standing for. I'm standing here trying to solve a problem and not trying to put a political face on what's about to happen in the Senate. I still think there's time for us to try to come together. What Democrat, Democrats have said basically this, can we have some assurance on the backside that we're not going to get rolled. That's what we've asked for and we've been working on that and then we're hit with this and we're having speeches about partisanship in the Senate that's supposed to be a (inaudible) body. I've been here 18 years, the votes are what the votes are and also Senator Ogden you've done a great job on this. Yes, you have allowed input, you have done a great job and Senator Williams is right, you're having to deal with the hand that's been dealt you but it's not a partisan held by the Democrats. The reality is you can't get certain Republicans to support using the rainy day fund. That's the reality and let's make certain we said it. And if someone gets up and disagree about that, let them get up and talk about it. I'll be more than willing to debate you on it. There's Democrats that said well you know I'm unsure about how this bill is going to be coming back. Yes, there are people in our party that have stood up and said that but to stand up and say this is a partisan issue (inaudible) that it's because of Democrats that's being disingenuous because the reality is that bipartisan support coming out of the committee and for the first time that I can remember without going to amend the bill and call it a perfecting amendment, I understand that too we're going to amend the bill to take out a substantive portion of the bill that allowed Democrats in the committee to support the bill and then lay it at the feet of Democrats and basically say that we have decided not to support the process. That's disingenuous, I don't know how the media's going to spin in but that's the reality and if I'm wrong about that, somebody tell me.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Lucio.

SENATOR EDDIE LUCIO: Thank you Mr. President and I think Senator West very eloquently spoke on behalf of many of us and he also spoke in terms of what he's been involved with in 1993 and on. In 1991 though there's about five of us, Senator Harris, Senator Ellis, Senator Zaffirini, Dean and myself. We're on this floor and I can tell you Senator, if you do check the records Senator Williams you will see how I voted alongside of many Republican senators who brought their bills to me who asked me to sign on to suspend to their bills and I gladly did and I'll tell you why because I made a commitment early when I got elected to work all people on this floor bi partisanly and no one made it better for us to follow that than Governor Bullock back in 1991. I would really hope some historian would look back because it was Senator Simms a Democrat from West Texas and myself that did everything we could do vote with the republicans back then. I was an outcast because I voted for tort reform and court reform in the House and I came over here with my hand extended to all members of this body and it was Senator Cryer who helped me pass my first bill and I'll never forget that. Cryer from San Antonio. Some of my best friends have been Republicans since 1971 and the members know that so I take issue about a partisan divide. My position is strictly what Senator Uresti alluded to representing and reflecting the needs of my constituents in south Texas and understanding that there's need all over the state as well. So I take issue about the partisan divide that I've never taken part in. My votes are strictly on need, my votes are in terms of understanding, sharing, not talking from people but sharing and I will speak a little bit more to that tomorrow. To counter Senator Patrick's remarks about a rich man not being able to get to heaven but I want you to know back in 1991 and I wish those senators would be here and later on in '93 and '95 Senator (inaudible) it was on -- could tell you how many times Eddie Lucio stood up for them on the issues that were important to the people of this great state. Well, I take issue about us not being bipartisan because we are in many respects. Thank you.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Ogden for a motion.

SENATOR STEVE OGDEN: Members, thank you for a good debate and as it grows to an end, I know tempers are beginning to get short. I wish you would listen to me at least one more time and if you would find it in your heart to consider changing your vote, I mentioned to the press earlier this week that one of the strengths of the Senate -- and I didn't fully appreciate it having been in the House until I've been here a couple of sessions was that when push came to shove we could always come together and we could unite and the definition of coming together and unite in our body is and because in my experience we've always been able to do it, outside groups who have no interest in this body but have political agendas all over the place have been able in my opinion to penetrate this body and divide us and we are a weaker body for it. I asked when I was elected your Senate pro-tem for you to check your politics at the door but right how we can't do it and it's sad. I have said repeatedly in this (inaudible) legislature with an executive branch governor set up very similar to the United States government that our job is to have a broader perspective to represent a broader and less narrow perspective because our districts are bigger and our terms are longer and so we're supposed to have the maturity to think about the implications in a longer term about what we're doing. The issue between the House's vision of where this state should go and the Senate's vision is far greater and far more significant than our disagreements amongst ourselves yet we're allowing our disagreements amongst ourselves to basically reduce our ability to influence the House. This is going to be a sad day in this state if we cannot get 21 votes to suspend. It will be a sad day for the Senate and it will be a day that many of us will remember as the day when the Senate was unable to come together to represent the best interest of the people of the state of Texas. This budget is a good budget. There is a direct and close correlation between the government that we want and the government we need and the health of the private sector that has to pay for it. The private sector is on the way back. This state is on the way back. This budget does not harm that recovery. In fact, this budget will help that recovery by focusing our resources on public education, on health care, and on public safety. Members, we need to suspend. I move to suspend is the regular order of business to take up and consider Committee Substitute to House Bill 1.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Ogden. Members you heard the motion by Senator Ogden. 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.

LT. GOVERNOR DAVID DEWHURST: Members there being 19 ayes and 12 nays the rule is not suspended. Members, the following motion in writing by Senator Whitmire. The secretary will read the motion.

PATSY SPAW: Permission to introduce bills. Mr. President, I move suspension of Senate rule 7.07B to permit the introduction of the following bills. Senate Bill 1927 by Zaffirini relates to the authority of certain volunteer firefighter and emergency services organizations to hold tax free sales or auctions motion by Whitmire.

LT. GOVERNOR DAVID DEWHURST: Members you heard the motion by Senator Whitmire. Is there objection from any member? Chair hears no objection and the motion is adopted. Members, the president's desk is clear. The president's desk is clear. The Chair recognizes Senator Deuell for an announcement.

SENATOR BOB DEUELL: Thank you Mr. President. Members, on a happier note today is the 88th birthday of Congressman Ralph Hall. He served as a Senator in this body from the early 60s to the early 70s. He is the oldest member of the United States House of Representatives and is running for reelection again and if he is fortunate enough to be reelected which he would be sometime in the spring of 2013 when he cast a vote he would be the oldest member of the U.S. House of Representatives to ever cast a vote in the history of the (inaudible). But I would just like you to join me in wishing Congressman Ralph Hall, former state Senator Ralph Hall a happy birthday.

LT. GOVERNOR DAVID DEWHURST: Thank you Senator. The Chair recognizes Senator Harris for an announcement.

SENATOR CHRIS HARRIS: Members jurisprudence will start its meeting in the Betty king room at five moneys after eight.

LT. GOVERNOR DAVID DEWHURST: Thank you Senator Harris. Chair recognizes Senator Zaffirini for an announcement.

SENATOR JUDITH ZAFFIRINI: Thank you Mr. President. Mr. President and member, the Senate higher education committee will meet tomorrow Wednesday May 4th at 7:30 a.m. in E1.012. Thank you.

LT. GOVERNOR DAVID DEWHURST: Thank you Senator. Members are there any other announcements? Hearing no other announcements the Chair recognizes the Dean for a highly privileged motion.

SENATOR JOHN WHITMIRE: Mr. President I move that the Senate stand in recess until 11:00 a.m. tomorrow pending the reading and referral of bills and we do so in memory of Jean Dendy, Jimmy Dean and Jamie George Zapata.

LT. GOVERNOR DAVID DEWHURST: Thank you Dean, members you heard the motion by Senator Whitmire, is there objection from any member? Chair hears no objection the Senate will stand in recess until 11:00 a.m. tomorrow morning pending referral of bills.

PATSY SPAW: Senate Bill 1927 by Zaffirini relating to the authority of the certain volunteer firefighter and emergency service organizations toll tax resell or auctions to finance. House Bill 38 to criminal justice. House Bill 127 to education. House Bill 215 to criminal justice. House Bill 397 to international relations and trade. House Bill 598 to transportation and homeland security. House Bill 736 to higher education. House Bill 1029 to criminal justice. House Bill 1127 to veteran affairs and military installations. House Bill 1451 to criminal justice. House Bill 1559 to jurisprudence. House Bill 1593 to state affairs. House Bill 169 -- 1627 to state affairs. House Bill 1665 to veteran affairs and military installations. House Bill 1683 to transportation homeland security. House Bill 1721 to criminal justice. House Bill 1737 to transportation and homeland security. House Bill 1750 to transportation and homeland security. House Bill 1767 to intergovernmental relations. House Bill 1771 to jurisprudence. House Bill 1823 to criminal justice. House Bill 1841 to finance. House Bill 1898 to transportation homeland security. House Bill 1906 to natural resources. House Bill 1940 to criminal justice. House Bill 2033 to business and commerce. House Bill 2047 to jurisprudence. House Bill 2067 to business and commerce. House Bill 2091 to administration. House Bill 2108 to agriculture and rural affairs. House Bill 2133 to natural resources. House Bill 2144 to state affairs. House Bill 2223 to transportation and homeland security. House Bill 2226 to intergovernmental relations. House Bill 2238 to intergovernmental relations. House Bill 2245 to health and human services. House Bill 2277 to state affairs. House Bill 2286 to health and human services. House Bill 2289 to natural resources. House Bill 2344 to criminal justice. House Bill 2346 to transportation and homeland security. House Bill 2403 to finance. House Bill 2466 to transportation and homeland security. House Bill 2472 to criminal justice. House Bill 2476 to finance. House Bill 2518 to government organization. House Bill 2575 to transportation and homeland security. House Bill 2579 to economic development. House Bill 2615 to business and commerce. House Bill 2623 to transportation and homeland security. House Bill 2624 to veteran affairs and military installations. House Bill 2679 to government organization. House Bill 2869 to intergovernmental relations. House Bill 2900 to jurisprudence. House Bill 2920 to state affairs. House Bill 2928 to veteran affairs and military installation. House Bill 2935 to jurisprudence. House Bill 2936 to jurisprudence. House Bill 2937 to higher education. House Bill 2946 to criminal justice. House Bill 3003 to intergovernmental relations. House Bill 3051 to health and human services. House Bill 3208 to transportation and homeland security. House Bill 3272 to natural resources. House Bill 3459 to criminal justice. House Bill 3465 to economic development. House Bill 3470 to veteran affairs and military installations. House Bill 3531 to health and human services. House Bill 3730 -- no, 3788 to intergovernmental relations. House Bill 3803 to intergovernmental relations. HCR18 to state affairs. HCR24 to government organization.

SENATOR KEVIN ELTIFE: Pursuant to a motion previously adopted the Senate stands at recess until 11:00 a.m. tomorrow. Thank you members.

(Adjourned.)