NINTH DAY WEDNESDAY, JANUARY 29, 2003 PROCEEDINGS

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1 NINTH DAY WEDNESDAY, JANUARY 29, 2003 PROCEEDINGS The Senate met at 11:00 a.m. pursuant to adjournment and was called to order by the President. The roll was called and the following Senators were present:iiarmbrister, Averitt, Barrientos, Bivins, Brimer, Carona, Deuell, Duncan, Ellis, Estes, Fraser, Gallegos, Harris, Hinojosa, Jackson, Janek, Lindsay, Lucio, Nelson, Ogden, Ratliff, Shapiro, Shapleigh, Staples, Van de Putte, Wentworth, West, Whitmire, Williams, Zaffirini. Absent-excused:iiMadla. The President announced that a quorum of the Senate was present. Senate Doorkeeper Don Long offered the invocation as follows: Dear Lord, there are many selfish individuals and self-interest groups who would distract the focus of these Senators during this legislative session from their duties to all the people of Texas. Let each Senator remember the words from the Holy Writ, "The light of the body is the eye. Therefore, when thine eye is single, thy whole body also is full of light." (Luke 11:34) Endue them with faith to claim Your promise, "I will instruct thee and teach thee in the way which thou shalt go; I will guide thee with Mine eye." (Psalms 32:8) We ask Your wisdom to be upon President George W. Bush in these critical days and we would ask that You touch the mind and heart of Iraqi President Saddam Hussein in order that these two leaders may come to a peaceful solution of the crisis between our two nations without putting our young men and women and the Iraqi people in harm s way. In Your holy name we pray. Amen. Senator Whitmire moved that the reading of the Journal of the proceedings of yesterday be dispensed with and the Journal be approved as printed. The motion prevailed without objection. LEAVE OF ABSENCE On motion of Senator Lucio, Senator Madla was granted leave of absence for today on account of important business.

2 130 78th Legislature Regular Session 9th Day MESSAGE FROM THE SUPREME COURT OF TEXAS The following Message from the Supreme Court of Texas was read and was referred to the Committee on Nominations: THE SUPREME COURT OF TEXAS Austin, Texas September 25, 2002 The Honorable Bill Ratliff Lieutenant Governor of Texas P.O. Box Austin, Texas Dear Governor Ratliff: Since adjournment of the 77th Texas Legislature, the Supreme Court of Texas has made the following appointment to the State Commission on Judicial Conduct which require the advice and consent of the Senate: The Honorable Joseph B. Morris Justice, Fifth Court of Appeals Justice Morris was appointed by the Texas Supreme Court in March 25, This appointment is to the unexpired term of the Honorable Ed Kinkeade, which will expire November 19, Thank you in advance for your consideration. The Supreme Court requests the consent and confirmation of this appointment. Sincerely, /s/wallace B. Jefferson SENATE BILLS ON FIRST READING The following bills were introduced, read first time, and referred to the committees indicated: SB 101 by Van de Putte Relating to a prohibition on certain employment or representation by members or employees of the Texas Workers Compensation Commission and the State Office of Administrative Hearings. SB 102 by Van de Putte Relating to procedures and standards for providing health care services in public schools. To Committee on Health and Human Services. SB 103 by Van de Putte Relating to the carrying of weapons by peace officers and by special investigators.

3 Wednesday, January 29, 2003 SENATE JOURNAL 131 SB 104 by Nelson Relating to the regulation and enforcement of the practice of medicine by the Texas State Board of Medical Examiners. To Committee on Health and Human Services. SB 105 by Averitt Relating to the abolition of the County Court at Law of Navarro County. SB 106 by Averitt Relating to the creation of a judicial district composed of Johnson County. SB 107 by Averitt Relating to the creation of a judicial district composed of McLennan County. SB 108 by Staples Relating to a tax impact statement for certain legislation affecting state taxes. To Committee on Administration. SB 109 by Averitt Relating to policy forms for certain residential property insurance policies. SB 110 by Staples Relating to the creation of the offense of failing to report the commission of a felony. SB 111 by Barrientos Relating to a voting student member on the board of regents of The University of Texas System. To Subcommittee on Higher Education. SB 112 by Van de Putte Relating to career and technology education and training. To Committee on Education. SB 113 by Van de Putte Relating to premium discounts for certain residential property insurance policies. SB 114 by Van de Putte Relating to insurance issues regarding the use of mold, fire, and water resistant materials in residential building and repairs. SB 115 by Van de Putte Relating to notice of certain changes in residential property insurance coverage on renewal.

4 132 78th Legislature Regular Session 9th Day SB 116 by Van de Putte Relating to health benefit plan coverage for certain mental disorders in children. SB 117 by Staples Relating to the authority of certain retired peace officers to carry certain weapons. SB 118 by Zaffirini Relating to establishing child fatality review teams. To Committee on Intergovernmental Relations. SB 119 by Lindsay Relating to the appointment of the governing body of certain metropolitan rapid transit authorities. To Committee on Intergovernmental Relations. SB 120 by Lindsay Relating to a sheriff s appeal to a district court of a decision by a civil service commission. To Committee on Intergovernmental Relations. SB 121 by Lindsay Relating to the application of the open meetings law to certain health maintenance organizations. SB 122 by Lindsay Relating to jury service in certain counties by persons removed from a jury panel for cause. SB 123 by Lindsay Relating to the regulation of fireworks by certain counties; providing a criminal penalty. To Committee on Intergovernmental Relations. SB 124 by Shapleigh Relating to the continuance of the Telecommunications Infrastructure Fund Board and the limitation on deposits to the telecommunications infrastructure fund. To Committee on Finance. SB 125 by Fraser, Jackson Relating to insurance withdrawal and restriction plans; providing civil penalties. SB 126 by Fraser, Jackson Relating to the definition of unfair methods of competition and unfair and deceptive acts or practices in the business of insurance.

5 Wednesday, January 29, 2003 SENATE JOURNAL 133 SB 127 by Fraser, Jackson Relating to procedures by insurers for handling water damage claims. SB 128 by Fraser, Jackson Relating to the licensing of public insurance adjusters; providing administrative and criminal penalties. SB 129 by Fraser, Jackson Relating to the regulation of mold remediation and other mold-related activities; providing civil, administrative, and criminal penalties. SB 130 by Fraser, Jackson Relating to the use of credit scoring by insurers of residential properties and personal automobiles; providing a civil penalty. SB 131 by Fraser, Jackson Relating to policy forms and endorsements for personal automobile and residential property insurance. SB 132 by Zaffirini Relating to the replacement and repair of existing cattle guards on county roads. To Committee on Intergovernmental Relations. SB 133 by Zaffirini Relating to employment by the Texas School for the Blind and Visually Impaired and the Texas School for the Deaf of persons who hold school district teaching permits. To Committee on Education. SB 134 by Estes Relating to the creation of an additional judicial district in Parker County. SB 135 by Barrientos Relating to the use of preferential voting in certain elections. SB 136 by Ellis Relating to the disclosure of personal information by an Internet service provider. SB 137 by Ellis Relating to certain life insurance policies insuring the life of an employee or other third parties.

6 134 78th Legislature Regular Session 9th Day SB 138 by Ellis Relating to the amount of an administrative penalty imposed by the Texas State Board of Public Accountancy. SB 139 by Lucio Relating to designation of the structure between Port Isabel and Padre Island as the Queen Isabella Memorial Bridge. To Committee on Infrastructure Development and Security. SB 140 by Ellis Relating to prohibiting the promotion of certain improper photographs or visual recordings; providing a penalty. SB 141 by Ellis Relating to authorizing certain state agencies to share information for investigative purposes. SB 142 by Ellis Relating to improvement of science instruction and student performance in public schools. To Committee on Education. SB 143 by Ellis Relating to the prosecution of the offense of failure to report child abuse. SB 144 by Averitt Relating to the requirement that certain information be provided to health care practitioners regarding the use and abuse of certain drugs. To Committee on Health and Human Services. SB 145 by Ellis Relating to the creation of the corporate integrity unit within the office of the attorney general. SB 146 by Estes, Shapiro Relating to procedural and registration requirements for certain sex offenders who seek to change their names. SB 147 by Barrientos Relating to the adoption by state agencies of risk management and control strategies. To Committee on Government Organization. SB 148 by Barrientos Relating to requiring state agencies to create subcommittees on strategic planning, auditing, and operations. To Committee on Government Organization.

7 Wednesday, January 29, 2003 SENATE JOURNAL 135 SB 149 by Barrientos Relating to a leave of absence for certain state employees who are donating an organ, tissue, bone marrow, or blood. To Committee on Government Organization. SB 150 by Zaffirini Relating to school district student codes of conduct provisions addressing the prevention of and education concerning bullying. To Committee on Education. SB 310 by Fraser, Armbrister, Averitt, Brimer, Estes, Jackson, Lucio, VanideiPutte, Williams Relating to rate information to be filed by certain insurers of residential property; providing an administrative penalty. MESSAGE FROM THE HOUSE HOUSE CHAMBER Austin, Texas January 29, 2003 The Honorable President of the Senate Senate Chamber Austin, Texas Mr. President: I am directed by the House to inform the Senate that the House has taken the following action: THE HOUSE HAS PASSED THE FOLLOWING MEASURES: HCR 23, Granting permission to the YMCA Youth and Government Program to use the chambers of the senate and house of representatives, auditorium, and committee rooms in the State Capitol on February 6-9, 2003, and February 5-8, HCR 32, Honoring Wanda Mills on the occasion of her retirement as executive director of the Council of Public University Presidents and Chancellors. Respectfully, /s/robert Haney, Chief Clerk House of Representatives RESOLUTION SIGNED The President announced the signing of the following enrolled resolution in the presence of the Senate:iiHCRi26. GUESTS PRESENTED Senator Averitt was recognized and introduced to the Senate the 2002 University Interscholastic League Class 2A, Division II state championship football team from Rosebud-Lott High School in Rosebud, accompanied by their coach. The Senate welcomed its guests.

8 136 78th Legislature Regular Session 9th Day SENATE RESOLUTION 69 Senator Bivins offered the following resolution: WHEREAS, The Senate of the State of Texas takes pleasure in recognizing Wanda Mills on the occasion of her retirement as executive director of the Council of Public University Presidents and Chancellors; and WHEREAS, Wanda Mills began her service to the state in 1971, when she joined the staff of Representative Ed Harris of Galveston; she began working in higher education in 1977 when she became assistant to the vice president for public affairs for the University of Houston and active in the Texas Higher Education Coordinating Board s Formula Advisory Committee; and WHEREAS, She was named executive director of the Council of Public University Presidents and Chancellors in 1980 and began to produce the widely read and comprehensive record of hearings and committee meetings on higher education; the popular "Wandagram" has become a vital account of the issues and events relating to higher education; and WHEREAS, Wanda Mills was born in Burkburnett, Texas; she attended classes at Midwestern University while she worked full-time at Sheppard Air Force Base in Wichita Falls; and WHEREAS, She and her husband, Jim, have had a long and happy union and have been blessed with two sons, Michael and Mitchell, and two grandsons, Andrew and Nathan; and WHEREAS, A dedicated and resourceful professional, Wanda Mills has earned the respect and admiration of the legislature, government officials, and countless members of the higher education community; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 78th Legislature, hereby commend Wanda Mills for her many years of exceptional service to the Council of Public University Presidents and Chancellors and extend best wishes to her for the retirement years ahead; and, be it further RESOLVED, That a copy of this Resolution be prepared for her as an expression of esteem from the Texas Senate. The resolution was read and was adopted without objection. GUESTS PRESENTED Senator Bivins was recognized and introduced to the Senate Wanda Mills, accompanied by her husband, Jim; her son, Michael; her mother, Lillian Davie; and her brother, Don Redman. The Senate welcomed its guests. SENATE RESOLUTION 75 Senator Hinojosa offered the following resolution: WHEREAS, A delegation of proud Edinburg citizens is visiting the Texas Senate on January 29, 2003, in celebration of Edinburg Day at the State Capitol; and WHEREAS, Located in one of the fastest-growing areas in the country, Edinburg is the county seat of Hidalgo County and home to one of the Rio Grande Valley s premier institutions of higher learning, The University of Texas Pan American; and

9 Wednesday, January 29, 2003 SENATE JOURNAL 137 WHEREAS, Edinburg s exceptional civic leadership and dramatic expansion have generated significant economic growth, and a $20 million medical research facility that is currently under construction for The University of Texas Regional Academic Health Center will provide an additional, major boost to the economy of Edinburg and the Rio Grande Valley; and WHEREAS, Citizens of Edinburg have a strong tradition of collaborating effectively to address important local issues, and their efforts have won for their community recognition as an All-America City three times by the National Civic League; conferred on only a handful of recipients each year, this award speaks volumes about the extent of citizen involvement and commitment in the locales that are honored; and WHEREAS, Throughout the years, Edinburg has distinguished itself as one of our state s outstanding communities, and it is indeed fitting that the city and its residents receive appropriate legislative recognition for their many accomplishments; now, therefore, be it RESOLVED, That the Senate of the 78th Texas Legislature hereby recognize January 29, 2003, as Edinburg Day at the State Capitol and extend to the members of the city s delegation a warm welcome and sincere best wishes for an enjoyable visit. The resolution was read and was adopted without objection. GUESTS PRESENTED Senator Hinojosa was recognized and introduced to the Senate Joe Ochoa, Mayor of Edinburg; Ricardo Rodriguez and Arnoldo Benavidez, councilmembers; Amanda Chapa, Junior Miss Rio Grande Valley, accompanied by her mother; Mike Govind, President, Edinburg Chamber of Commerce; and a delegation from Leadership Edinburg. The Senate welcomed its guests. GUESTS PRESENTED Senator Zaffirini, joined by Senators Madla, VanideiPutte, and Wentworth, was recognized and introduced to the Senate the 2002 University Interscholastic League Class 5A, Division I championship football team from Judson High School in Converse, accompanied by Coach Jim Rackley, Principal Brett Springston, and Judson Independent School District Superintendent Michael Zolkoski. The Senate welcomed its guests. PHYSICIAN OF THE DAY Senator Estes was recognized and presented Dr. Mark C. Eidson of Weatherford as the Physician of the Day. The Senate welcomed Dr. Eidson and thanked him for his participation in the Physician of the Day program sponsored by the Texas Academy of Family Physicians.

10 138 78th Legislature Regular Session 9th Day RESOLUTIONS OF RECOGNITION The following resolutions were adopted by the Senate: Congratulatory Resolutions SR 76 by Ellis, Commending Mayor Allen Owen of Missouri City for his service to his community. SR 77 by Ellis, Commending George J. Mundine for his contributions to the Houston Independent School District. SR 78 by Ellis, Commending the Reverend L. David Punch of Houston for his accomplishments in the ministry. HCR 31 (Duncan), Honoring Al and Shirley Bendick of Lubbock on their 25th wedding anniversary. HCR 32 (Bivins), Honoring Wanda Mills on the occasion of her retirement as executive director of the Council of Public University Presidents and Chancellors. ADJOURNMENT On motion of Senator Whitmire, the Senate at 11:30 a.m. adjourned until 10:00ia.m. tomorrow.

SIXTEENTH DAY MONDAY, FEBRUARY 14, 2005 PROCEEDINGS

SIXTEENTH DAY MONDAY, FEBRUARY 14, 2005 PROCEEDINGS SIXTEENTH DAY LEGISLATURE REGULAR SESSION SEVENTY-NINTH MONDAY, FEBRUARY 14, 2005 PROCEEDINGS The Senate met at 1:30 p.m. pursuant to adjournment and was called to order by the President. The roll was