Senate Transcript, June 13, 2011

SENATOR JUAN HINOJOSA: Senate will come to order. Mr. Doorkeeper.

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

SENATOR JUAN HINOJOSA: Admit the messenger.

MESSENGER: Thank you, Mr. President. Mr. President, I'm directed by the House to inform the Senate that the House has taken the following action: The House has passed the following measures: SB1 by Duncan relating to certain state fiscal matters providing penalties. SB2 by Ogden appropriating money for the support of state government for the periods beginning September 1st, 2011, and ending ing August, 31, 2013, and authorizing and prescribing limitation on rules and procedures for allocating and extending the appropriations period and declaring an emergency. Respectfully, Robert Hainy, chief clerk.

SENATOR JUAN HINOJOSA: Pursuant to a previously adopted motion, the Senate will stand adjourned until 1:30 p.m. today.

(Regular Session)

LT. GOVERNOR DAVID DEWHURST: Members, the Senate will come to order and 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, a quorum is present. Would all those on the floor please rise and please, in the gallery, if you'd rise this afternoon for the invocation to be delivered by Father Albert Foray, St. Mary Cathedral of Austin.

PASTOR: Let us pray. Almighty God, source of wisdom, knowledge, understanding and truth, we come seeking your gifts to aid this assembly in their work for the people of Texas. Protect and guide the people of our state that might always enjoy Your abundant blessing. Provide for all those in need especially those who suffer violence and all who are affected by the drought. We entrust Your mercy and goodness all of our needs. May Your blessings come to all who work here and to all the people of the state of Texas. Amen.

LT. GOVERNOR DAVID DEWHURST: Thank you, Father. Thank you, ladies and gentlemen. Please be sated. Thank you.

SENATOR KIRK WATSON: Mr. President. Father, hang on one second. Mr. President, if I might by way of introduction, Father Foray has been with us. He was with us once and delivered the invocation during the regular session, but I just wanted to point out while we've missed it by just a day or two, he was ordained a priest on June 6th, 2002, and I thought it would be nice that we congratulate him on the ninth anniversary of his ordination of a priest. Thank you very much, Father.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Watson. Members, if there's no objection, I'd like to postpone the reading and referral of bills until the end of today's session. Is there objection from any member? The Chair hears no objection from any member, so ordered. Members, Senator Whitmire moves to dispense with the reading of yesterday's journal. Is there any objection? Chair hears no objection, it's so ordered. Members, the Chair recognizes Senator Duncan for a motion to not concur in House amendments to Senate Bill 1.

SENATOR ROBERT DUNCAN: Thank you, Mr. President. Members, I move that we not concur in the House amendments to Senate Bill 1 and appoint a conference committee.

LT. GOVERNOR DAVID DEWHURST: Members, Senator Duncan moves that the Senate not concur in the House amendments to Senate Bill 1 and request the appointment of a conference committee. Is there any objection? Chair hears no objection, so ordered. Are there any motions to instruct? Chair hears no motion to instruct. Following conferees.

PATSY SPAW: Conference committee on Senate Bill 1: Senator Duncan, Chair, members, Senator Deuell, Senator Hinojosa, Senator Shapiro, and Senator Williams.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Nelson for a motion to not concur in the House amendments to Senate Bill 7.

SENATOR JANE NELSON: Thank you, Mr. President and members. Senate Bill 7, of course, is the health related -- health care cost savings and efficiency legislation that we have been working on for the past several months. I do move that the Senate not concur in House amendments to Senate Bill 7 and instead appoint a conference committee.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Nelson. Members, Senator Nelson moves that the Senate not concur in House amendments to Senate Bill 7 and request the appointment of a conference committee. Are there any objections? Chair hears none, it's so ordered. Are there any motions to instruct? Chair recognizes Senator Carona.

SENATOR JOHN CARONA: Mr. President, there are. Pursuant to Senate Rule 12.02 I move to instruct the Senate bill conferees on Senate Bill 7 to retain the language of House second reading floor amendment No. 21 by Chisum as amended by amendment 22 by Schwertner which amends section 1451.109 of the insurance code relating to the reimbursement of chiropractors by health policy insurers and to retain the language of House second reading floor amendment No. 25 by Jackson which relates to the formation of professional entities by chiropractors and physicians. The language of these amendments is a portion of Senate bill 1001 which passed unanimously by the Senate during the regular session, although the language was modified by the House to restrict it even further.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Nelson on the motion by Senator Carona.

SENATOR JANE NELSON: Senator Carona discussed this, and we're going to work on them and see what we come up with.

LT. GOVERNOR DAVID DEWHURST: Great. Members, you've heard the motion by Senator Carona. Is there any objection from any member? The Chair hears no objection, and the motion is adopted. The following conferees. The secretary will read the conferees.

PATSY SPAW: Conference committee on Senate Bill 7: Chair, Senator Nelson, members, Senator Deuell, Senator Shapiro, Senator Hinojosa, and Senator Carona.

LT. GOVERNOR DAVID DEWHURST: Thank you, Madam Secretary. Members, that concludes the morning call. Members, the Chair lays out on second reading Senate Bill 30. The secretary will read the caption.

PATSY SPAW: Senate Bill 30 relating to the state virtual school network.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Shapiro for a motion and to explain the bill.

SENATOR FLORENCE SHAPIRO: Yes, thank you, Mr. President, members. Specifically Senate Bill 30 -- oh, I move passage to engrossment of Senate Bill 30. Specifically Senate Bill 30 came out of the education committee on the post. It requires school districts to write a local policy on electronic courses, to provide all students with the opportunity to access virtual classrooms. It allows parents and students to provide feedback on electronic courses. It requires TEA to publish the virtual course mission and review the schedule for course providers and ensures that course providers have flexibility in meeting the TEAKS. It allows TEA to charge a fee to review electronic courses. And most important, I believe, it ends the practice of double funding for virtual courses. SB30 ensures that providers are paid based on completion and learning. Not seat time. Mr. President and members, I move passage to engrossment of Senate Bill 30 at this time.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Shapiro. Members, you've heard the motion by Senator Shapiro. Is there objection from any member? The Chair hears no objection from any member, and Senate Bill 30 passes to engrossment. The Chair recognizes Senator Shapiro for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR FLORENCE SHAPIRO: So moved.

LT. GOVERNOR DAVID DEWHURST: Members, you heard the motion by Senator Shapiro. 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: There being ayes, zero nays, the rule is suspended. Chair lays out on third reading and final passage Senate Bill 30. The secretary will read the caption.

PATSY SPAW: Senate Bill 30 relating to state virtual school network.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Shapiro for a motion.

SENATOR FLORENCE SHAPIRO: Thank you, Mr. President and members. I move final passage of Senate Bill 30 at this time.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Members, you've heard the motion by Senator Shapiro. 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: There being ayes, zero nays, Senate Bill 30 is finally passed. Congratulations.

SENATOR FLORENCE SHAPIRO: Thank you, Mr. President and members.

LT. GOVERNOR DAVID DEWHURST: Members, the Chair lays out on second reading Senate Bill 31. The secretary will read the caption.

PATSY SPAW: Senate Bill 31 relating to guarantee of open enrollment charter school bonds by the permanent school fund.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Shapiro to explain the bill and for a motion.

SENATOR FLORENCE SHAPIRO: Thank you very much, Mr. President and members. Senate Bill 31 extends access to the permanent school fund bond guarantee for financially strong charter schools only. Helping these schools to thrive while saving money. Senate Bill 31 was also Senate Bill 597 in the regular session. It was voted out of the education committee unopposed, and it was passed off of our chamber floor actually on the local and uncontested calendar. I move passage to engrossment of Senate Bill 31 at this time.

LT. GOVERNOR DAVID DEWHURST: Members, you heard the motion by Senator Shapiro. Is there objection from any members? The Chair hears no objection from any members, and Senate Bill 31 passes to engrossment. Chair recognizes Senator Shapiro for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR FLORENCE SHAPIRO: So moved.

LT. GOVERNOR DAVID DEWHURST: 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: There being ayes, zero nays, the rule is suspended. The Chair lays out on third reading and final passage Senate Bill 31. The secretary will read the caption.

PATSY SPAW: Senate Bill 31 relating to guarantee of open enrollment charter school bonds by the permanent school fund.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Shapiro for a motion.

SENATOR FLORENCE SHAPIRO: Thank you, Mr. President. I move final passage of Senate Bill 31 at this time.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Shapiro. Members, you heard the motion by Senator Shapiro. 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: There being ayes, zero nays, Senate Bill 31 is finally passed. Congratulations.

SENATOR FLORENCE SHAPIRO: Thank you, Mr. President and members.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Ogden for a motion to not concur in the House amendments to Senate Bill 2 and to make a motion that the Senate appoint a conference committee.

SENATOR STEVE OGDEN: Mr. President and members, I move to not concur in House amendments on Senate Bill 2 and appoint a conference committee.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Ogden. Members, you heard the motion by Senator Ogden. Is there objection from any member? The Chair hears no objection from any member, so ordered. Are there any motions to instruct? Chair hears no motions to instruct. The following conferees. Secretary will read the conferees.

PATSY SPAW: Conference committee on Senate Bill 2: Chair Senator Ogden, members, Senator Duncan, Senator Hinojosa, Senator Nelson, and Senator Williams.

LT. GOVERNOR DAVID DEWHURST: Thank you, Madam Secretary. Members, what I'm doing is trying to figure out the schedule for this week and if you'll just give us couple more minutes. Looks like we'll need to be in on Wednesday. There may be a committee hearing on Thursday but we may not have to be in on Thursday and Friday. I'll be right back. Members, the following bills and resolutions on first reading in reference to committee. Secretary will read the bills and resolutions.

PATSY SPAW: Senate Bill 3 by Carona relating to the operation and name of the Texas Wind Storm Insurance Association and to the resolution of certain disputes concerning claims made to that association. To business and commerce. Senate Bill 28 by Ellis, Zaffirini, Van de Putte, Davis and Uresti relating to reducing state Medicaid and other health care costs by prohibiting smoking in certain public places. To health and human services.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Carona for a motion to suspend the posting rule to suspend Senate rules 11.10, 11.18 and 11.19.

SENATOR JOHN CARONA: Thank you, Mr. President. Members, I do move at this time to suspend rules 11.10, 11.18, and 11.19 so the Senate committee on business and commerce can meet tomorrow morning at 10:00 a.m. We will meet, members, in room E1016 at 10:00 a.m. tomorrow morning to hear the latest TWIA bill and to -- it's an invitation to any of you that are in town but not on the committee, feel free to come and join us and feel free to ask questions as well. Thank you, Mr. President.

LT. GOVERNOR DAVID DEWHURST: Members, Senator Carona moves to suspend Senate rules 11.10, 11.18, and 11.19 specifically to take up and consider Senate Bill 3 tomorrow. Is there objection from any member? The Chair hears no objection from any member, and the rules are suspended on Senate Bill 3. Members, the president's desk is clear. Are there any announcements? Chair recognizes Senator Williams for an announcement.

SENATOR TOMMY WILLIAMS: Thank you, Mr. President. Members, the Senate committee on transportation and homeland security will reconvene at 3:35 p.m., 3:35 p.m. to take up the rest of public testimony and then vote the bill.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Williams. Chair recognizes Senator Seliger for an announcement.

SENATOR KEL SELIGER: Mr. President and members, the Senate select committee on redistricting will meet upon adjournment today in E1036 specifically to hear Senate Bill 22 by Senator Wentworth.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Seliger. The Chair recognizes Senator Shapiro for an announcement.

SENATOR FLORENCE SHAPIRO: Thank you, Mr. President and members. I could not let this day go by without recognizing our Dallas Mavericks, the new NBA champions. They were amazing. People in Dallas have been talking about them for months now. Nobody believed us, nobody thought it could happen but the Dallas Mavericks have won the national championship. And I'm sure most of you saw it last night 105 to 95 over the Miami Heat. What a fabulous game that was. Game No. 6. Obviously Dirk Divinski was phenomenal all throughout the season and his team yesterday named him at the end of all of this the most valuable player for the entire NBA finals. We are extremely proud of those Dallas Mavericks, and I think they make all of us, not use those of us in Dallas, but all over the state of Texas very proud. It's nice to bring a championship back to the state of Texas.

LT. GOVERNOR DAVID DEWHURST: Absolutely. Absolutely.

SENATOR FLORENCE SHAPIRO: Thank you, Mr. President.

LT. GOVERNOR DAVID DEWHURST: Unbelievable ten-point run. Great. Members, we have a memorial resolution. I'm sorry, before I do that I think there's some announcements. Senator Estes, for what purpose?

SENATOR CRAIG ESTES: I would like to honor a congressman that passed away and move that we adjourn today in his honor.

LT. GOVERNOR DAVID DEWHURST: You're so recognized.

SENATOR CRAIG ESTES: Thank you. Members, I move now to ask you to join me in honoring the life of a great statesman while extending condolences to his family. Graham B. Purcell, Jr. a former United States congressman passed away this Saturday at the age of 92 in his home in Wichita Falls. Graham Purcell was a native of Archer City, Texas and alumni of Texas A&M University and Baylor Law School. He bravely served our country in World War II where he earned a silver star for his gallantry in action. And after the war he practiced law in Wichita Falls until he was appointed as a district judge in 1955 by Governor Shivers. In 1961 he was elected to the United States House of Representatives where he served until 1973. His many accomplishments while serving in Washington including restarting the congressional prayer breakfast and bringing the NATO pilot training program to Shepherd Air Force Base in Wichita Falls. After his distinguished political career, Graham Purcell practiced law in Washington for 15 years where he formed a prestigious law firm. In 1988 he returned to Wichita Falls to continue to live an exemplary life full of devotion to his family, to his country and God. Graham Purcell was a dear friend and a true inspiration to everyone he met. He was a dedicated public servant and a very humble Christian. I will sorely miss my friend and the wisdom and guidance he often shared with me. So Mr. President, I move that the Senate adjourn today in memory of the Honorable Graham Boynton Purcell, Jr.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Estes. Senator Watson, you're recognized.

SENATOR KIRK WATSON: Thank you, Mr. President, and I am going to have a motion for adjournment as well. But I would move that comments -- first of all, thank you, Senator, for bringing that. I am friends with two of the Congressman's sons through Baylor Law School and I think it's fitting and proper that we be adjourning today in his honor. And Mr. President, I would move that Senator Estes' words be put in the journal so they be made available for the family of Congressman Purcell.

LT. GOVERNOR DAVID DEWHURST: Well, said. Members, you've heard the motion by Senator Watson. Is there objection from any member? The Chair hears no objection, and the motion is adopted. The Chair recognizes Senator Watson.

SENATOR KIRK WATSON: Thank you. Members, I ask today that we adjourn in memory of Courtney Paige Griffin. Courtney passed away as a result of a tragic accident that has been something we've known about here in the Capitol and read about. She passed away on May 27th, 2011. She was a native Austinite who loved this great city. Her family has deep roots in Austin and here in the Texas Senate. Her grandmother Billy Leach was a Senate greeter for many sessions and her mother Laurie Griffin, a former Senate employee, having worked for former Senator Ted B. Lyon and Senate E&E. Mr. President, I move that today when we adjourn we do it in the memory of Courtney Paige Griffin.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Watson. Senator Huffman, for what purpose?

SENATOR JOAN HUFFMAN: Mr. President, I'd also like to request that we adjourn today in memory of another great Texan and that is Ramsey Gilman who sadly we lost earlier this month. Ramsey was a native of Houston and a sixth generation Texan. He was a successful businessman in the auto industry, I know many of you knew him. He was here just a few short weeks ago helping us negotiate the auto dealers bill in the Ramsey Room coincidentally. He was a passionate philanthropist and a devoted family man. He certainly lived his life to the fullest, and he was a vital member of our community and we will surely miss his leadership and his friendship. Thank you.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Huffman. I was there at the funeral on Wednesday, it was very emotional. Senator Wentworth, you're recognized.

SENATOR JEFF WENTWORTH: Mr. President, I'd like us to adjourn today also in memory of Sergeant Thomas Andrew Bohall who was only 25 years old. He was killed in action in Kandahar province in Afghanistan on May 26th. Sergeant Bohall was a 2004 graduate of Ronald Reagan High School in San Antonio, he was a member of the 101st Airborne Division. He served two terms in Iraq and was on his second assignment in Afghanistan. Although his parents recently moved to Florida, he always considered San Antonio his home and that's why he was buried at Fort Sam Houston National Cemetery because of all the friends and family still there. Mr. President, I move that when we adjourn today in addition to Congressman Purcell and others, I move that we adjourn in memory of Sergeant Thomas Andrew Bohall.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Wentworth. And I'm going to -- will you move that the previous comments be incorporated into the journal.

SENATOR JEFF WENTWORTH: I'm pleased to do that, Mr. President. I move that the comments made by Senator Watson, Senator Huffman, and I be reduced to writing and included in the Senate journal.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Wentworth. Members, you heard the motion by Senator Wentworth. Is there objection from any member? The Chair hears no objection, so ordered. The Chair recognizes the dean of the Senate for a highly privileged motion.

SENATOR JOHN WHITMIRE: Mr. President, I move that the Senate recess until 3:00 p.m. Tuesday June 14th pending the reading and referral of bills, receipt of messages and receipt of committee reports and I ask that we do so in memory of Sergeant Thomas Andrew Bohall, Mr. Ramsey Gilman, Former U.S. Representative Graham Purcell and Courtney Paige Griffin.

LT. GOVERNOR DAVID DEWHURST: Thank you, Dean. Members, you've heard the motion by Senator Whitmire. Is there objection from any member? The Chair hears no objection, and the Senate will stand in recess until 3:00 p.m. tomorrow pending the reading and referral of bills.

(Adjourned.)