[Congressional Record (Bound Edition), Volume 147 (2001), Part 10]
[Senate]
[Pages 13956-13961]
[From the U.S. Government Publishing Office, www.gpo.gov]



                        PETITIONS AND MEMORIALS

  The following petitions and memorials were laid before the Senate and 
were referred or ordered to lie on the table as indicated:

       POM-124. A concurrent resolution adopted by the House of 
     the Legislature of the State of Texas relative to muscular 
     dystrophy; to the Committee on Appropriations.

                   House Concurrent Resolution No. 8

       Whereas, Current federal funding for research on muscular 
     dystrophy is insufficient given the disease's prevalence and 
     severity, and this level of support does little to promote 
     advances in research and treatment of the disease; and
       Whereas, The term muscular dystrophy encompasses a large 
     group of hereditary muscle-destroying disorders that appear 
     in men, women, and children of every race and ethnicity, with 
     the most common disorder, Duchenne muscular dystrophy, first 
     appearing in early childhood or adolescence; and
       Whereas, Furthermore, since genetic mutations may be a 
     factor in any incidence of muscular dystrophy, anyone could 
     be a carrier, and no family is immune from the possibility of 
     the disease afflicting one of its members; and
       Whereas, While the prognosis for individuals afflicted with 
     a muscular dystrophy disorder varies according to patterns of 
     inheritance, the age of onset, the initial muscles attached, 
     and the progression of the disease, Duchenne muscular 
     dystrophy is the most common fatal childhood genetic disease; 
     and
       Whereas, Because muscular dystrophy varies widely from one 
     disorder to another, continuing research is important to 
     understanding the disease, treating it, and working toward 
     its prevention and cure; and
       Whereas, Congressional funding for research by the National 
     Institutes of Health on Duchenne and Becker muscular 
     dystrophy does not reflect the severity of this disease, the 
     importance of finding a cure, or the potential benefits that 
     research in this area could have on other similar disorders; 
     and
       Whereas, To save lives and improve the quality of life for 
     those already afflicted by this disease, it is imperative 
     that the federal government take the initiative to increase 
     funding for the research of Duchenne and Becker muscular 
     dystrophy and, therefore, be it
       Resolved, That the 77th Legislature of the State of Texas 
     hereby respectfully urge the Congress of the United States to 
     increase funding for research by the National Institutes of 
     Health for the treatment and cure of Duchenne and Becker 
     muscular dystrophy; and, be it further
       Resolved, That the Texas secretary of state forward 
     official copies of this resolution to the president of the 
     United States, to the speaker of the house of representatives 
     and the president of the senate of the United states 
     congress, and to all the members of the Texas delegation to 
     the congress with the request that this resolution be 
     officially entered in the Congressional Record as a memorial 
     to the Congress of the United States of America.
                                  ____

       POM-125. A concurrent resolution adopted by the Senate of 
     the Legislature of the State of Texas relative to NAFTA; to 
     the Committee on Appropriations.

                  Senate Concurrent Resolution No. 10

       Whereas, While the North American Free Trade Agreement 
     (NAFTA) has boosted the economy in Texas and the nation, the 
     increase in heavy truck traffic has caused excessive wear on 
     county and city roads that lie within the border commercial 
     zone; and
       Whereas, According to the Texas Border Infrastructure 
     Coalition more than 77 percent of United States-Mexico trade 
     passes through the Texas border region annually; in 1999 this 
     amounted to 4.4 million trucks crossing the Texas-Mexico 
     border carrying $127.6 billion worth of commerce; and
       Whereas, Many of these trucks exceed the weight limits 
     imposed by both federal and state law, causing extensive 
     damage to public roads and bridges, especially the ``off-
     system'' roads that are maintained by counties and 
     municipalities, most of which are not designed to handle 
     these heavy commercial trucks; and
       Whereas, The Texas Department of Transportation estimates 
     that there are more than 17,000 miles of load-posted roadways 
     in Texas; many of these roadways are Farm-to-Market roads 
     that were built in the 1940s and 1950s using design standards 
     for a legal weight limit of 48,000 pounds, or approximately 
     60 percent of the weight of some of the heavier trucks today; 
     and
       Whereas, There are approximately 7,250 deficient bridges on 
     off-system roads in Texas, and while the Texas Department of 
     Transportation is in the process of upgrading these bridges, 
     the scope of the bridge rehabilitation required means that, 
     at current funding levels and practices, it could take 
     decades to complete the undertaking, assuming no more bridges 
     become deficient; it is important, therefore, that trucks be 
     weighed before they are permitted to operate in the 
     commercial border zone, so as not to cause further 
     infrastructure damage; and
       Whereas, In addition to contributing to the destruction of 
     transportation infrastructure, overweight trucks pose safety 
     hazards for other vehicles sharing the roads; the University 
     of Michigan Transportation Research Institute estimates that 
     as the weight of a truck goes from 65,000 to 80,000 pounds, 
     the risk of an accident involving a fatality increases by 50 
     percent; and
       Whereas, County and city governments within the commercial 
     border zone would benefit greatly from having additional 
     weigh stations situated in their jurisdictions and additional 
     law enforcement officers to conduct weight inspections of 
     commercial vehicles traveling on roads that they maintain; 
     and
       Whereas, While the entire nation benefits from NAFTA, the 
     local governments along the Texas-Mexico border must bear the 
     high cost of overweight truck inspections and repairing 
     damage to the roads resulting from the increase in heavy 
     commercial vehicle traffic on the off-system roads; now, 
     therefore, be it
       Resolved, That the 77th Legislature of the State of Texas 
     hereby urge the United States Congress to create a federal 
     category under the NAFTA agreement, for NAFTA traffic-related 
     infrastructure damage, to provide counties and municipalities 
     with funding for commercial vehicle weigh stations within the 
     20-mile commercial border zone; and, be it further
       Resolved, That the Texas secretary of state forward 
     official copies of this resolution to the president of the 
     United States, to the speaker of the house of representatives 
     and the president of the senate of the United States 
     Congress, and to all members of the Texas delegation to the 
     congress with the request that this resolution be officially 
     entered in the Congressional Record as a memorial to the 
     Congress of the United States of America.
                                  ____

       POM-126. A concurrent resolution adopted by the Senate of 
     the Legislature of the State of Texas relative to border 
     ports of entry and high-priority transportation corridors; to 
     the Committee on Appropriations.

                  Senate Concurrent Resolution No. 25

       Whereas, The current presidential administration has 
     indicated that it will allow Mexican trucks at least partial 
     access to U.S. highways beyond the commercial border zone 
     that was established in 1993 to limit the movement of Mexican 
     trucks until certain basic infrastructure and safety concerns 
     had been addressed; and
       Whereas, The opening of the Texas border to Mexican trucks 
     will unfairly impact the three border transportation 
     districts in Pharr, Laredo, and El Paso without a 
     commensurate increase in the commitment of money by the 
     federal government; and
       Whereas, The Texas Senate Special Committee on Border 
     Affairs was given several study charges during the 1999-2000 
     interim, including assessing the long-term intermodal 
     transportation needs of the Texas-Mexico border region, 
     evaluating the planning and capacity resources of the three 
     Texas Department of Transportation (TxDOT) border districts, 
     and overseeing the implementation of federal and state one-
     stop inspection stations to expedite trade and traffic; and
       Whereas, The senate committee reported that Texas border 
     crossings account for approximately 80 percent of United 
     States-Mexico truck traffic, but the state is awarded only 15 
     percent of the federal funds allocated for trade corridors; 
     information from TxDOT indicates that Texas receives 
     considerably less than its fair share of discretionary funds 
     allocated by the federal government; recent estimates by 
     TxDOT indicate that, even though Texas is the second

[[Page 13957]]

     largest state in the nation, the state currently receives 
     only 49 cents on the dollar in federal highway discretionary 
     program funds; and
       Whereas, The border ports of entry are the primary gateway 
     for commerce for Texas and the nation but have become an 
     economic choke point as a result of the staggering volume of 
     traffic they must handle; in 1997, more than 2.8 million 
     trucks crossed into and from Mexico; and
       Whereas, In July 1999, the General Accounting Office (GAO) 
     reported that NAFTA-related traffic along the border region 
     has taxed the local and regional transportation 
     infrastructure and that the resulting lines of traffic, which 
     can run up to several miles during peak periods, are 
     associated with air pollution caused by idling vehicles; and
       Whereas, The GAO also cited federal and local officials' 
     concerns about congestion affecting safety around the ports 
     of entry and noted that congestion can have a negative impact 
     on businesses that operate on a just-in-time schedule and 
     rely on regular cross-border shipments of parts, supplies, 
     and finished products; and
       Whereas, The senate committee reported that in the last 
     decade total northbound truck crossings, from Mexico into 
     Texas, increased by 215.8 percent, while vehicle crossings 
     increased by 59 percent and pedestrian crossings by 18.5 
     percent; in that same period, southbound truck crossings from 
     Texas to Mexico increased by 278.1 percent to 2.1 billion 
     crossings, vehicle crossings by 53.9 percent to 37.9 million 
     crossings, and pedestrian crossings by 30.8 percent to 18.5 
     million crossings; and
       Whereas, According to some estimates, heavy truck traffic 
     is expected to increase by 85 percent during the next three 
     decades and severely degrade existing roads and bridges; 
     according to TxDOT officials, one fully loaded 18-wheel truck 
     causes as much damage as 9,600 cars; with such a significant 
     increase of trade and cross-border activity in the border 
     ports of entry and the border transportation districts, state 
     and federal leaders have cause for concern about whether the 
     current infrastructure can continue to support Texas' 
     economic growth and, in particular, trade with Mexico; and
       Whereas, The Texas Department of Economic Development 
     (TDED) reported last year that Mexico is Texas' largest 
     export destination and has been a chief contributor to the 
     state's export growth; in 1999, exports to Mexico accounted 
     for 45.5 percent of the state total and were valued at $41.4 
     billion; and
       Whereas, The TDED has concluded that Texas accounts for 
     20.8 percent of the total U.S. exports to the North American 
     market, largely because of very high export levels to Mexico; 
     in recent years, Mexico has become the nation's second 
     largest market, and Texas' ties to Mexico are the primary 
     contributors to the state's high share of overall U.S. 
     exports; and
       Whereas, The comptroller of public accounts of the State of 
     Texas has reported that exports account for 14 percent of our 
     gross state product, up from six percent in 1985; in 1999, 
     $100 billion in two-way truck trade passed through the Texas-
     Mexico border; NAFTA economic activity has tripled on the 
     border, and trade with Mexico accounts for one in every five 
     jobs in Texas; now, therefore, be it
       Resolved, That the 77th Legislature of the State of Texas 
     hereby respectfully urge the Congress of the United states 
     and the president of the United States, in light of the 
     proposed change in federal policy that will further open the 
     border areas to Mexican truck travel, to recognize the unique 
     planning, capacity, and infrastructure needs of Texas' border 
     ports of entry and the high-priority transportation 
     corridors; and, be it further
       Resolved, That the Texas Legislature request the congress 
     and the president to recognize the impact of this policy by 
     earmarking $3 billion to fund the construction of one-stop 
     federal and state inspection facilities that are open 24 
     hours per day along the Texas border region, as well as to 
     fund infrastructure improvements and construction projects at 
     border ports of entry; and, be it further
       Resolved, That the Texas Legislature urge the congress to 
     rectify the funding imbalance that Texas has historically 
     experienced from the federal government, as evident in the 
     fact that, although Texas handles 80 percent of all NAFTA-
     related traffic and is the second largest state in the 
     nation, it has been awarded only 15 percent of the federal 
     funds allocated for high-priority trade corridors; and, be it 
     further
       Resolved, That the Texas Legislature request that the 
     congress and the president also increase the percentage in 
     federal discretionary money that Texas has historically 
     received by earmarking $4 billion for critical NAFTA-related 
     planning, capacity, and right-of-way acquisition needs and $3 
     billion for immediate construction, maintenance, and planning 
     needs for rural roadways that are impacted by NAFTA-related 
     traffic, as well as those of emerging NAFTA-related 
     corridors; and, be it further
       Resolved, That the Texas Legislature urge the congress and 
     the president to reaffirm their commitment to public safety 
     in Texas as well as in the United States by earmarking $1 
     billion for law enforcement needed to prepare for the influx 
     of Mexican trucks with access to travel throughout the border 
     and beyond; and, be it further
       Resolved, That the Texas secretary of state forward 
     official copies of this resolution to the president of the 
     United States, to the speaker of the house or representatives 
     and the president of the senate of the United States 
     Congress, and to all the members of the Texas delegation to 
     the congress with the request that this resolution be 
     officially entered in the Congressional Record as a memorial 
     to the Congress of the United States of America.
                                  ____

       POM-127. A concurrent resolution adopted by the Senate of 
     the legislature of the State of Texas relative to the removal 
     of trade, financial, and travel restrictions relating to 
     Cuba; to the Committee on Foreign Relations.

                  Senate Concurrent Resolution No. 54

       Whereas, The relationship between the United States and 
     Cuba has long been marked by tension and confrontation; 
     further heightening this hostility is the 40-year-old United 
     States trade embargo against the island nation that remains 
     the longest-standing embargo in modern history; and
       Whereas, Cuba imports nearly a billion dollars' worth of 
     food every year, including approximately 1,100,000 tons of 
     wheat, 420,000 tons of rice, 37,000 tons of poultry, and 
     60,000 tons of dairy products; these amounts are expected to 
     grow significantly in coming years as Cuba slowly recovers 
     from the severe economic recession it has endured following 
     the withdrawal of subsidies from the former Soviet Union in 
     the last decade; and
       Whereas, Agriculture is the second-largest industry in 
     Texas, and this state ranks among the top five states in 
     overall value of agricultural exports at more than $3 billion 
     annually; thus, Texas is ideally positioned to benefit from 
     the market opportunities that free trade with Cuba would 
     provide; rather than depriving Cuba of agricultural products, 
     the United States embargo succeeds only in driving sales to 
     competitors in other countries that have no such 
     restrictions; and
       Whereas, In recent years, Cuba has developed important 
     pharmaceutical products, namely, a new meningitis B vaccine 
     that has virtually eliminated the disease in Cuba; such 
     products have the potential to protect Americans against 
     diseases that continue to threaten large populations around 
     the world; and
       Whereas, Cuba's potential oil reserves have attracted the 
     interest of numerous other countries who have been helping 
     Cuba develop its existing wells and search for new reserves; 
     Cuba's oil output has increased more than 400 percent over 
     the last decade; and
       Whereas, The United States' trade, financial, and travel 
     restrictions against Cuba hinder Texas' exports of 
     agricultural and food products, its ability to import 
     critical energy products, the treatment of illnesses 
     experienced by Texans, and the right of Texans to travel 
     freely; now, therefore, be it
       Resolved, That the 77th Legislature of the State of Texas 
     hereby respectfully urge the Congress of the United States to 
     consider the removal of trade, financial, and travel 
     restrictions relating to Cuba; and, be it further
       Resolved, That the Texas secretary of state forward 
     official copies of this resolution to the president of the 
     United States, to the speaker of the house of representatives 
     and the president of the senate of the United States 
     Congress, and to all the members of the Texas delegation to 
     the congress with the request that this resolution be 
     officially entered in the Congressional Record as a memorial 
     to the Congress of the United States of America.
                                  ____

       POM--128. A concurrent resolution adopted by the Senate of 
     the Legislature of the State of Texas relative to the 
     addition of 18 federal judges and commensurate staff to 
     handle the current and anticipated caseloads along the United 
     States-Mexico border, to the Committee on the Judiciary.

                  Senate Concurrent Resolution No. 12

       Whereas, The strategy of the United States Department of 
     Justice to reduce crime along the United States border by 
     focusing on illegal immigration, alien smuggling, and drug 
     trafficking generated an explosion in arrests by agents from 
     the United States Customs Service, the Drug Enforcement 
     Administration, and the Immigration and Naturalization 
     Service at border checkpoints; and
       Whereas, In 1999, the five federal southwestern judicial 
     districts along the border, including two in Texas, received 
     27 percent of all criminal case filings in the United States 
     while the other 73 percent were spread among the country's 
     remaining 84 federal district courts; and
       Whereas, From 1996 to 1997, the total number of federal 
     criminal cases filed in the Western and Southern districts of 
     Texas doubled, and from 1997 to 1999, the number of drug 
     cases filed in the Western District of Texas increased 64 
     percent and 100 percent in the Southern District of Texas; 
     and
       Whereas, Judicial resources in the five southwestern border 
     districts have increased by only four percent, and since 
     1990, congress has not approved any new judges for the 
     Western District of Texas, which leads the nation in the 
     filing of drug cases; and

[[Page 13958]]

       Whereas, As a result of the federal courts being inundated 
     by this unprecedented number of new drug and illegal 
     immigration indictments, the federal authorities no longer 
     prosecute offenders caught with less than a substantial 
     amount of contraband; these cases are instead referred to the 
     local district attorneys in the border counties of Texas to 
     prosecute; and
       Whereas, As a result, local governments in the border 
     counties, who are among the poorest in the United States, are 
     being overwhelmed with the costs involved in prosecuting and 
     incarcerating federal criminals; and
       Whereas, The annual cost to prosecute these federal 
     criminal cases ranges from $2.7 million to approximately $8.2 
     million per district attorney jurisdiction, and it is 
     anticipated that the total cost will reach $25 million per 
     year; and
       Whereas, The federal government has infinitely more 
     resources than state and local governments and in turn must 
     shoulder a larger portion of the financial burden; now, 
     therefore, be it
       Resolved, That the 77th Legislature of the State of Texas 
     hereby respectfully urge the Congress of the United States to 
     authorize an additional 18 federal judges and commensurate 
     staff to handle the current and anticipated caseloads along 
     the United States-Mexico border and to fully reimburse local 
     governments for the costs incurred in prosecuting and 
     incarcerating federal defendants; and, be it further
       Resolved, That the Texas secretary of state forward 
     official copies of this resolution to the president of the 
     United States, to the speaker of the house of representatives 
     and the president of the Senate of the United States 
     Congress, and to all the members of the Texas delegation to 
     the congress with the request that this resolution be 
     officially entered in the Congressional Record as a memorial 
     to the Congress of the United States of America.
                                  ____

       POM-129. A concurrent resolution adopted by the Senate of 
     the Legislature of the State of Texas relative to federal and 
     state controlled emission sources; to the Committee on 
     Environment and Public Works.

                  Senate Concurrent Resolution No. 35

       Whereas, Air pollution has a potentially serious impact on 
     the health of many Americans, including a majority of the 
     nearly 21 million residents of the State of Texas, and is a 
     matter of concern to both federal and state governments, 
     which share a responsibility to clean up the environment and 
     protect the public health; and
       Whereas, In metropolitan areas where the problem is most 
     severe, achieving federally mandated reductions in the 
     emission of certain pollutants within the time lines 
     established by the United States Environmental Protection 
     Agency (EPA) will be possible only through an appropriate 
     combination of federal, state, and local actions, including 
     not only stringent local and state emission controls but also 
     the timely implementation of federal controls; and
       Whereas, Emissions may be regulated by either the state's 
     environmental regulation agency or the federal government, 
     depending on their origin; and
       Whereas, For example, emissions from an industrial 
     facility, such as a utility company or petroleum refinery, 
     are subject to state regulations, while gasoline and diesel 
     fuel standards and emissions from aircraft, airport ground 
     support equipment, automobiles, trucks, marine engines, and 
     locomotives are all federally controlled; and
       Whereas, Under recent federal action, the EPA will require 
     buses and commercial trucks to produce 95 percent less 
     pollution than today's buses and trucks and will require the 
     amount of sulfur in diesel fuel to be reduced by 97 percent; 
     these measures alone are expected to cut air pollution by as 
     much as 95 percent; and
       Whereas, At issue is the fact that the low-sulfur diesel 
     fuel provisions will not go into effect before 2006, and 
     diesel fuel engine manufacturers will have flexibility in 
     meeting the new emission standards due to phase in between 
     2007 and 2010; the slow rate of turnover among commercial 
     fleets means that these federal emission control measures 
     will likely have little effect until several years after 
     that, when a sufficient number of these trucks and buses are 
     in operation; and
       Whereas, Currently, the State of Texas has nine 
     metropolitan areas that either have been designated as 
     nonattainment areas by the EPA or are close to exceeding the 
     National Ambient Air Quality Standards (NAAQS) for one or 
     more of the regulated pollutants; these nonattainment or 
     near-nonattainment areas have been given strict time lines 
     for their emission reduction efforts based on the severity of 
     pollution in the area; and
       Whereas, Because of the lengthy time line for the reduction 
     of emissions from federally controlled sources, the federally 
     mandated attainment date for some NAAQS nonattainment regions 
     in Texas, such as the Houston-Galveston-Brazoria area, will 
     arrive long before the effects of federal air quality 
     improvement efforts can be realized; and
       Whereas, Texas is forced to require state-controlled 
     emission sources to make significant reductions in pollution 
     in a relatively short period of time while federally 
     controlled sources continue to contaminate the state's 
     environment; and
       Whereas, The incongruence in the federal and state time 
     lines for emission reductions places an undue burden on the 
     state to lower air pollution significantly enough to be in 
     attainment with the NAAQS without a corresponding decrease in 
     emissions from any of the myriad federally controlled 
     emission sources; now, therefore, be it
       Resolved, That the 77th Legislature of the State of Texas 
     hereby respectfully urge the Congress of the United States to 
     require federally controlled emission sources to reduce their 
     emissions by the same percentages and on the same schedule as 
     state-controlled sources; and, be it further
       Resolved, That the Texas secretary of state forward 
     official copies of this resolution to the president of the 
     United States, to the speaker of the house of representatives 
     and the president of the senate of the United States 
     Congress, and to all members of the Texas delegation to the 
     Congress with the request that this resolution be officially 
     entered in the Congressional Record as a memorial to the 
     Congress of the United States of America.
                                  ____

       POM-130. A concurrent resolution adopted by the Senate of 
     the Legislature of the State of Texas relative to the federal 
     regulation relating to the three-shell limit and the magazine 
     plug requirement found in 50 C.F.R. Section 20.21; to the 
     Committee on Environment and Public Works.

                  Senate Concurrent Resolution No. 28

       Whereas, During the late 19th and early 20th centuries, the 
     harvesting of migratory game birds for subsequent resale, or 
     ``market hunting,'' was widespread, and this wasteful method 
     led to federal regulations to eliminate the practice in all 
     50 states; and
       Whereas, One regulation adopted to curtail this practice 
     limits the number of shells a shotgun can hold to no more 
     than three and requires shotgun magazines to have a plug to 
     effect the three-shell limit; and
       Whereas, In the ensuing years, additional regulations have 
     been enacted to protect migratory game birds, such as the 
     current federal and state daily or seasonal bag limits that 
     regulate the number of game birds that can be killed or 
     possessed by a hunter, making the three-shell limit and the 
     magazine plug requirement unnecessary and archaic; and
       Whereas, Enforcing outdated regulations wastes limited law 
     enforcement resources that could be better utilized enforcing 
     other hunting laws, such as bag limits; and
       Whereas, A game bird wounded by a third shot that cannot 
     subsequently be killed by a fourth shot suffers an inhumane 
     death and is a waste of game resources; and
       Whereas, The greater frequency of loading a shotgun 
     necessitated by the three-shell limit creates a safety hazard 
     for the hunter; and
       Whereas, Because migratory game birds can be protected by 
     other federal and state regulations, the enforcement of the 
     three-shell limit and magazine plug requirement is no longer 
     necessary and should be discontinued; now, therefore, be it
       Resolved, That the 77th Legislature of the State of Texas 
     hereby respectfully urge the Congress of the United States to 
     repeal the federal regulation relating to the three-shell 
     limit and the magazine plug requirement found in 50 C.F.R. 
     Section 20.21; and, be it further
       Resolved, That the Texas secretary of state forward 
     official copies of this resolution to the president of the 
     United States, to the speaker of the house of representatives 
     and the president of the senate of the United States 
     Congress, and to all members of the Texas delegation to the 
     congress with the request that this resolution be officially 
     entered in the Congressional Record as a memorial to the 
     Congress of the United States of America.
                                  ____

       POM-131. A concurrent resolution adopted by the Senate of 
     the Legislature of the State of Texas relative to designating 
     threatened species and critical habitat for the Arkansas 
     River shiner; to the Committee on Environment and Public 
     Works.

                  Senate Concurrent Resolution No. 51

       Whereas, Under rules adopted on November 23, 1998, the Fish 
     and Wildlife Service of the United States Department of the 
     Interior listed the Arkansas River shiner (Notropis girardi), 
     a minnow whose present range includes portions of the 
     Canadian River in Texas, as a threatened species pursuant to 
     the federal Endangered Species Act; and
       Whereas, Subsequent rules adopted on April 4, 2001, which 
     follow from policy reconsideration stipulated in an agreed 
     settlement order, designate 1,148 miles of river segments in 
     the Arkansas River basin--including over 100 miles of the 
     Canadian River in Oldham, Potter, and Hemphill counties in 
     Texas--as critical habitat for the species; and
       Whereas, This state's Parks and Wildlife Department 
     recommended against listing the Arkansas River shiner as an 
     endangered or even threatened species because such a listing 
     was scientifically unsound and unnecessary; and
       Whereas, The Fish and Wildlife Service refused to enter a 
     Memorandum of Understanding concerning recovery of the 
     Arkansas River shiner with the states of Texas and

[[Page 13959]]

     Oklahoma, yet in its recent rule adoption notice concedes 
     that ideally a recovery plan should precede critical habitat 
     designation; and
       Whereas, Its designation, which becomes effective on May 4, 
     2001, includes a portion of the Canadian River that makes up 
     the headwaters of Lake Meredith, and as such could 
     potentially interfere with the reservoir's water supply and 
     flood control functions; and
       Whereas, Critical habitat designation enhances the 
     likelihood that the Endangered Species Act of 1973, as 
     amended, might be used as a vehicle for direct regulation of 
     Texas groundwater and surface water use by the federal 
     government or the federal courts; and
       Whereas, Notwithstanding its recent final rule adoption, 
     the Fish and Wildlife Service states that it continues to 
     solicit additional public comments on the issue toward 
     possible new approaches to recovery planning; now, therefore, 
     be it
       Resolved, That the 77th Legislature of the State of Texas 
     hereby urge the United States Department of the Interior to 
     reconsider the necessity of designating the Arkansas River 
     shiner as a threatened species and the necessity of 
     designating critical habitat in Texas for the Arkansas River 
     shiner; and, be it further
       Resolved, That the 77th Legislature of the State of Texas 
     urge the Parks and Wildlife Department and the Office of the 
     Attorney General to take all reasonable steps to ensure that 
     portions of the Canadian River in Texas be designated as 
     critical habitat only to the extent that such designation is 
     absolutely necessary, scientifically justifiable, and 
     economically prudent; and, be it further
       Resolved, That the Texas secretary of state forward 
     official copies of this resolution to the secretary of the 
     interior, to the president of the United States, to the 
     speaker of the house of representatives and the president of 
     the senate of the United States Congress, and to all the 
     members of the Texas delegation to the congress with the 
     request that this resolution be officially entered in the 
     Congressional Record as a memorial to the Congress of the 
     United States of America; and, be it further
       Resolved, That the Texas secretary of state forward an 
     official copy of this resolution to the executive director of 
     the Parks and Wildlife Department and to the attorney general 
     of Texas.
                                  ____

       POM-132. A concurrent resolution adopted by the Senate of 
     the Legislature of the State of Texas relative to the 
     reduction of pollution and the protection of the environment 
     through the implementation of federal regulations; to the 
     Committee on Environment and Public Works.

                  Senate Concurrent Resolution No. 22

       Whereas, The reduction of pollution and the protection of 
     the environment is of great concern to both the federal 
     government and the Texas Legislature; and
       Whereas, To protect its natural resources and environment 
     as effectively as possible, Texas needs greater flexibility 
     in its implementation of federal regulations; and
       Whereas, The current command-and-control approach 
     instituted by the United States Environmental Protection 
     Agency to limit pollution at the state level through the use 
     of a federally mandated permitting process has proven to be 
     moderately successful at reducing pollution, but it is also 
     an overly prescriptive process that is unduly burdensome and 
     costly to both the states and the regulated facilities 
     relative to the results achieved; and
       Whereas, Alternative paradigms are available, including 
     outcome-based assessment methods that allow the state to 
     measure the actual reduction of pollution rather than simply 
     monitoring each facility's compliance with its permit; and
       Whereas, States should be given greater latitude to 
     implement innovative regulatory programs and other pollution 
     reduction methods that vary from the current model, which 
     requires states to adhere strictly to the federally mandated 
     permitting process; and
       Whereas, Providing this flexibility would allow states such 
     as Texas to tailor appropriate and effective approaches to 
     state-specific environmental problems rather than expending 
     resources to ensure compliance with one-size-fits-all 
     regulations that place an inordinate emphasis on procedural 
     detail; now, therefore, be it
       Resolved, That the 77th Legislature of the State of Texas 
     hereby respectfully urge the United States Environmental 
     Protection Agency to provide maximum flexibility to the 
     states in the implementation of federal environmental 
     programs and regulations; and, be it further
       Resolved, That the Texas secretary of state forward 
     official copies of this resolution to the administrator of 
     the United States Environmental Protection Agency, to the 
     president of the United States, to the speaker of the house 
     of representatives and the president of the senate of the 
     United States Congress, and to all members of the Texas 
     delegation to the congress with the request that this 
     resolution be officially entered in the Congressional Record 
     as a memorial to the Congress of the United States of 
     America.
                                  ____

       POM-133. A concurrent resolution adopted by the House of 
     the Legislature of the State of Texas relative to amending 
     provisions of the Internal Revenue Code of 1986, as added by 
     PL 106-230; to the Committee on Finance.

                   House Concurrent Resolution No. 77

       Whereas, In an attempt to enact meaningful campaign finance 
     reform legislation, the 106th Congress of the United States 
     passed the Full and Fair Political Activities Disclosure Act 
     (Public Law 106-230), which imposed notification and 
     reporting requirements on political organizations claiming 
     tax-exempt status under Section 527 of the Internal Revenue 
     Code; and
       Whereas, Public Law 106-230 took effect July 1, 2000, four 
     days after its introduction; the rapidity of its passage 
     through congress reflected the lawmakers' sense of urgency to 
     act, but it also suggests that adequate time was not provided 
     for deliberation of the full ramifications of certain 
     provisions; and
       Whereas, The goal of this legislation was to respond to 
     certain political organizations, known as ``stealth PACs,'' 
     that were able to raise and spend unlimited amounts of money 
     for political advocacy without having to disclose the sources 
     and amounts of donations, all while enjoying tax-exempt 
     status; and
       Whereas, While the Texas Legislature supports the laudable 
     goal of holding all participants in the political process 
     accountable to the public, the members of this body believe 
     that this well-intentioned Act has had unintended 
     consequences and has adversely affected individuals and 
     organizations beyond its original intent; and
       Whereas, Public Law 106-230 imposes duplicative and 
     burdensome federal reporting and disclosure requirements on 
     local and state candidates, their campaign committees, and 
     local and state political parties that already are required 
     to file detailed reports with their respective state election 
     officials; and
       Whereas, These requirements have created a paperwork 
     nightmare for entities that are clearly outside the intended 
     scope of PL 106-230 without significantly adding to the body 
     of information available to the public; and
       Whereas, A remedy in the form of an exemption for those 
     entities or an exception for information reported and filed 
     elsewhere with state officials would not violate the 
     intention of enforcing public accountability, since the 
     individuals and organizations affected already are required 
     to report and disclose to the state the same information that 
     PL 106-230 now requires them to report to the Internal 
     Revenue Service; nor would it be unprecedented, since a 
     similar exemption already exists for candidates, campaign 
     committees, and party organizations engaged in federal 
     elections, who are required by FECA to report that 
     information to the Federal Election Commission; now, 
     therefore, be it
       Resolved, That the 77th Legislature of the State of Texas 
     hereby respectfully urge the Congress of the United States to 
     amend provisions of the Internal Revenue Code of 1986, as 
     added by PL 106-230, to exempt state and local political 
     committees that are required to report to their respective 
     states from notification and reporting requirements imposed 
     by PL 106-230; and, be it further
       Resolved, That the Texas secretary of state forward 
     official copies of this resolution to the president of the 
     United States, to the speaker of the house of representatives 
     and the president of the senate of the United States 
     Congress, and to all the members of the Texas delegation to 
     the congress with the request that this resolution be 
     officially entered in the Congressional Record as a memorial 
     to the Congress of the United States of America.
                                  ____

       POM-134. A concurrent resolution adopted by the Senate of 
     the Legislature relative to providing tax credits to 
     individuals buying private health insurance; to the Committee 
     on Finance.

                  Senate Concurrent Resolution No. 37

       Whereas, Almost 90 percent of all health insurance is paid 
     for by and through employer programs, providing the majority 
     of American workers with affordable access to health care; 
     and
       Whereas, Generous federal tax code provisions that make 
     employee contributions to employer-provided health insurance 
     fully deductible from federal individual income taxes allow 
     employees participating in such plans to purchase the 
     coverage they need in a cost-effective manner; and
       Whereas, Some employers benefit from the health insurance 
     they provide since the tax code also allows them to deduct 
     the cost of the health insurance they offer employees from 
     their corporate income taxes as a business expense; and
       Whereas, Not everyone is fortunate enough to be able to 
     participate in an employer-provided health plan, and those 
     who purchase private health insurance do not receive tax 
     breaks of any kind; for these individuals, a dollar in pretax 
     wages may buy only 50 cents' worth of health insurance after 
     federal, state, and local taxes are taken out; and
       Whereas, Congress has responded to this issue with the 1999 
     Omnibus Appropriations Act, which gives a 60 percent tax 
     deduction for insurance expenses to those who are self-
     employed; this deduction is scheduled to rise to 100 percent 
     by 2003; and

[[Page 13960]]

       Whereas, For individuals who purchase private health 
     insurance and bear the full cost of a policy without the 
     benefit of an employer's contributions, this deduction does 
     little to make that private insurance affordable, since tax 
     deductions provide a less substantial tax break than tax 
     credits; while a tax deduction is subtracted from a person's 
     income when calculating taxes, a tax credit is subtracted 
     from the person's bottom line of taxes owed; and
       Whereas, Tax credits will give consumers more choice in 
     health plans because employees would no longer be limited to 
     insurance offered by employers; furthermore, consumers who 
     bought their own private health insurance could maintain 
     their coverage even if they changed jobs without any lapse in 
     coverage; now, therefore, be it
       Resolved, That the 77th Legislature of the State of Texas 
     hereby respectfully urge the Congress of the United States to 
     provide tax credits to individuals buying private health 
     insurance; and, be it further
       Resolved, That the Texas secretary of state forward 
     official copies of this resolution to the President of the 
     United States, to the speaker of the house of representatives 
     and the president of the senate of the United States 
     Congress, and to all the members of the Texas delegation to 
     the congress with the request that this resolution be 
     officially entered in the Congressional Record as a memorial 
     to the Congress of the United States of America.
                                  ____

       POM-135. A concurrent resolution adopted by the House of 
     the Legislature of the State of Texas relative to amending 
     the Internal Revenue Code of 1986 to allow for the issuance 
     of tax-exempt bonds for the purpose of financing air 
     pollution control facilities nonattainment areas; to the 
     Committee on Finance.

                  House Concurrent Resolution No. 226

       Whereas, The Houston-Galveston-Brazoria (HGB) area is 
     classified as a serious nonattainment area and the Beaumont-
     Port Arthur (BPA) area is classified as a moderate 
     nonattainment area for the one-hour ozone standard and both 
     are likely to be classified as nonattainment areas for the 
     proposed eight-hour ozone standards and for the particulate 
     matter 2.5 standards, should those standards be reinstated; 
     and
       Whereas, The State of Texas recently submitted revisions of 
     its State Implementation Plan (SIP) for the HGB and BPA areas 
     the United States Environmental Protection Agency (EPA) 
     outlining measures that will be taken in order to achieve 
     compliance with the National Ambient Air Quality Standards 
     for ozone; and
       Whereas, For the HGB and BPA areas to be classified as in 
     attainment for ozone, the regions must make significant 
     reductions in air containment emissions from several types of 
     sources, including industrial point sources such as petroleum 
     refineries and chemical plants; and
       Whereas, Strategies aimed at controlling industrial 
     emissions target specific industries and facilities, 
     requiring them to bear up front the high costs of installing 
     emission control technologies; and
       Whereas, While pollution control technologies can be 
     effective in reducing emissions, the technology that many 
     companies are required to purchase by the ozone SIP can cause 
     a tremendous financial strain on an individual entity and 
     affect entire industries; and
       Whereas, Some industries, including agricultural, chemical 
     production, gasoline terminals, and oil and natural gas 
     production and petroleum refineries, must purchase costly 
     maximum achievable control technology in order to be in 
     compliance with the ozone SIP; and
       Whereas, The Texas Gulf Coast has a crude operatable 
     capacity of 3.462 barrels of refined petroleum products per 
     calendar day, i.e. 84.6 percent of the Texas total and 21.9 
     percent of the U.S. total; and
       Whereas, The HGB area is home to more than 400 chemical 
     plants employing more than 38,200 people and the BPA area is 
     home to numerous chemical plants and industrial operations 
     employing more than 20,000 people; and
       Whereas, The Houston Gulf Coast has nearly 49 percent of 
     the nation's base petrochemicals manufacturing capacity; this 
     is more than quadruple the manufacturing capacity of its 
     nearest U.S. competitor; and
       Whereas, Many of the commodities produced in this area are 
     distributed throughout the nation, yet, while the entire 
     country benefits from the petroleum refining and 
     petrochemical industries, these industries must bear the up-
     front costs of environmental compliance while faced with 
     global competition without significant federal assistance; 
     and
       Whereas, Currently, the federal government authorizes the 
     issuance of tax-exempt facility bonds to finance the building 
     of installations that are used for the public good, such as 
     airports, water plants, sewage and solid waste systems, and 
     some hazardous waste facilities; however, since 1986, such 
     bond issues have no longer been authorized for air pollution 
     control facilities; and
       Whereas, The reduction of air pollution clearly benefits 
     all residents of the state, and air contaminant emission 
     reductions are mandated by the federal government in 
     nonattainment areas; given the severity of the up-front 
     financial costs that are to be incurred in order to reduce 
     the air contaminant emissions in Texas nonattainment areas, 
     restoring the previous provision that allowed the issuance of 
     tax-exempt facility bonds to finance air pollution control 
     facilities would significantly enhance the ability of regions 
     such as the Houston-Galveston-Brazoria and Beaumont-Port 
     Arthur areas to meet applicable National Ambient Air Quality 
     Standards and avoid future sanctions; now, therefore, be it
       Resolved, That the 77th Legislature of the State of Texas 
     hereby respectfully urge the Congress of the United States to 
     amend the Internal Revenue Code of 1986 to allow for the 
     issuance of tax-exempt facility bonds for the purpose of 
     financing air pollution control facilities in nonattainment 
     areas and to provide that such tax-exempt facility bonds 
     issued during the years of 2003, 2004, 2005, 2006, or 2007 
     for the construction of such air pollution control facilities 
     not be subject to the volume cap requirements; and, be it 
     further
       Resolved, That the Texas secretary of state forward 
     official copies of this resolution to the president of the 
     United States, to the speaker of the house of representatives 
     and the president of the senate of the United States 
     Congress, and to all the members of the Texas delegation to 
     the congress with the request that this resolution be 
     officially entered in the Congressional Record as a memorial 
     to the Congress of the United States of America.
                                  ____

       POM-136. A concurrent resolution adopted by the House of 
     the Legislature of the State of Texas relative to 
     establishing a separate Federal Medical Assistance Percentage 
     for the Texas-Mexico border region; to the Committee on 
     Finance.

                  House Concurrent Resolution No. 214

       Whereas, The Texas-Mexico border region suffers from an 
     inadequate medical infrastructure that has led to disparities 
     in access to health care between the border region and the 
     rest of the state; and
       Whereas, Statewide in 1998, there was an average of 270 
     Medicaid-eligible patients for every physician participating 
     in the Medicaid program, but in the border counties where 
     there were participating physicians, the number of eligible 
     patients per physician ranged from a low of 416 in El Paso 
     County to a high of 1,361 in Starr County; in two counties, 
     Presidio and Zapata, there were no participating physicians 
     at all to serve the Medicaid-eligible population; and
       Whereas, The border region historically has had high 
     patient-to-physician ratios, resulting in limited access to 
     health care services and reduced utilization rates for these 
     services; in addition, the availability of medical care in 
     Mexico may also reduce utilization rates for the region; and
       Whereas, Low utilization rates along the border create a 
     distorted assessment of the actual demand for services and 
     inappropriately drive down the capitated reimbursement rates 
     for both Medicaid and the Children's Health Insurance Program 
     (CHIP); and
       Whereas, The average per-recipient reimbursement for the 
     border region is 16 percent less than the statewide average, 
     which creates a disincentive for health care providers to 
     locate and provide services to Medicaid clients in the 
     region; furthermore, low reimbursement rates complicate 
     already limited access to health care as existing providers 
     either leave the program or limit their participation; and
       Whereas, Current Medicaid and CHIP reimbursement rates 
     simply trap the Texas-Mexico border counties in a cycle of 
     limited access to care, low utilization rates, and low 
     reimbursement rates, all of which further damage the medical 
     infrastructure of the region and create greater barriers to 
     health care access for Medicaid and CHIP clients; and
       Whereas, The unique issues facing the border may not be 
     apparent when evaluations of the state as a whole mask 
     discrepancies between the border and the rest of the state; 
     calculating the federal share of the state's Medicaid costs, 
     or the Federal Medical Assistance Percentage (FMAP), using 
     the state's per capita income may not provide an accurate 
     assessment of the border region's needs; and
       Whereas, Establishing a separate FMAP for the border region 
     would recognize these unique circumstances and allow current 
     state Medicaid funding in the region to draw down additional 
     federal funds that would help eliminate the reimbursement 
     disparity; and
       Whereas, Unless this disparity is resolved, the region will 
     continue to suffer from an inadequate health care 
     infrastructure that is unable to address the medical needs of 
     the border residents; now, therefore, be it
       Resolved, That the 77th Legislature of the State of Texas 
     hereby respectfully urge the Congress of the United States to 
     establish a separate Federal Medical Assistance Percentage 
     for the Texas-Mexico border region; and, be it further
       Resolved, That the Texas secretary of state forward 
     official copies of this resolution to the president of the 
     United States, to the

[[Page 13961]]

     speaker of the house of representatives and the president of 
     the senate of the United States Congress, and to all the 
     members of the Texas delegation to the congress with the 
     request that this resolution be officially entered in the 
     Congressional Record as a memorial to the Congress of the 
     United States of America.
                                  ____

       POM-137. A concurrent resolution adopted by the House of 
     the Legislature of the State of Texas relative to the SS 
     Leopoldville; to the Committee on Armed Services.

                  House Concurrent Resolution No. 201

       Whereas, On Christmas Eve 1944, while carrying American 
     soldiers of the 66th Infantry Division to reinforce Allied 
     troops fighting the Battle of the Bulge, the SS Leopoldville 
     was sunk in the English Channel by a U-boat torpedo, 
     resulting in the loss of 763 members of the 262nd and 264th 
     regiments, including 35 Texans; and
       Whereas, The underwater grave, located five and a half 
     miles off the coast of Cherbourg, France, cradles to this day 
     the remains of 493 unrecovered and entombed American 
     servicemen who have been honored by monuments erected across 
     the United States in their memory; and
       Whereas, World War II combat and wreckage locations, 
     including many at sea, have fallen prey to plunderers and 
     looters who, in seeking souvenirs and commercial reward, have 
     desecrated the memory of our valorous combatants and their 
     final resting places; and
       Whereas, The wreckage of the SS Leopoldville is threatened 
     by the practice of divers who descend to remove such 
     artifacts as brass, portholes, and other parts of the ship 
     and who, if unchecked, may begin to extract the personal 
     effects and military equipment of the deceased and in so 
     doing disturb the sanctity of their burial site; and
       Whereas, The State of New York has issued a proclamation in 
     memory of the victims of the SS Leopoldville, and at least a 
     dozen like measures have been passed by other states to 
     commemorate the men who lost their lives in this tragedy and 
     to ensure that they continue their silent rest in dignity; 
     now, therefore, be it
       Resolved, That the 77th Legislature of the State of Texas 
     hereby honor the American servicemen who were lost when the 
     troopship SS Leopoldville was sunk by an enemy torpedo on 
     December 24, 1944; and, be it further
       Resolved, That the Texas Legislature respectfully 
     memorialize the Congress of the United States to take 
     appropriate action to prevent further desecration of the SS 
     Leopoldville or any of its contents; and, be it further
       Resolved, That the Texas secretary of state forward 
     official copies of this resolution to the president of the 
     United States, to the speaker of the house of representatives 
     and the president of the senate of the United States 
     Congress, and to all the members of the Texas delegation to 
     the congress with the request that this resolution be 
     officially entered in the Congressional Record as a memorial 
     to the Congress of the United States of America.
                                  ____

       POM-138. A concurrent resolution adopted by the Senate of 
     the Legislature of the State of Texas relative to the 
     Minerals Management Service plan to proceed with the Outer 
     Continental Shelf Lease Sale 181; to the Committee on Energy 
     and Natural Resources.

                  Senate Concurrent Resolution No. 34

       Whereas, A strong domestic oil and gas industry is vitally 
     important to the United States economy and national defense; 
     and
       Whereas, This nation's domestic oil and gas production has 
     decreased by 2.7 million barrels per day during the last 13 
     years, a 17 percent decline, at the same time that domestic 
     consumption of oil has increased by more than 14 percent; and
       Whereas, Currently, the United States imports approximately 
     55 percent of the oil needed for the American economy, while 
     the demand for refined petroleum products is projected to 
     increase by more than 35 percent and the demand for natural 
     gas is projected to increase by more than 45 percent over the 
     next two decades; and
       Whereas, Much of the nation's greatest potential for future 
     domestic production lies in areas that are currently off 
     limits to oil and natural gas exploration and development, 
     including areas under congressional or presidential moratoria 
     in the federal Outer Continental Shelf (OCS), where vast 
     amounts of oil and natural gas may be available for 
     extraction; and
       Whereas, For the first time since 1988, the Minerals 
     Management Service, a bureau of the United States Department 
     of the Interior that manages the nation's oil, gas, and other 
     mineral resources in the OCS, has proposed an OCS lease sale 
     for the eastern Gulf of Mexico, in the portion of the Gulf 
     100 miles southwest of the Florida Panhandle and 15 miles 
     south of the Alabama coastline; the bureau's tentative 
     schedule calls for bid opening and reading in December 2001; 
     and
       Whereas, The oil and gas industry has demonstrated that it 
     can be a good steward of the environment while operating in 
     the Gulf of Mexico; and
       Whereas, Oil and gas production from this area of the Gulf 
     of Mexico would help offset current domestic energy 
     production declines and assist the nation in meeting future 
     energy demand; and
       Whereas, Numerous positive economic benefits for the State 
     of Texas have been created by oil and gas industry activities 
     in the Gulf, and many of the exploration and production 
     companies that would participate in the OCS Lease Sale 181 
     are headquartered in Texas as are many of the oil field 
     supply and service companies that would benefit by increased 
     activities; and
       Whereas, The economic benefits that would result from oil 
     and natural gas exploration, development, and production of 
     leases acquired in OCS Lease Sale 181 would continue to 
     benefit the State of Texas and all the states bordering the 
     Gulf of Mexico; now, therefore, be it
       Resolved, That the 77th Legislature of the State of Texas 
     hereby declare support for the Minerals Management Service 
     plan to proceed with the Outer Continental Shelf Lease Sale 
     181 for the eastern Gulf of Mexico scheduled for December 5, 
     2001; and, be it further
       Resolved, That the Texas secretary of state forward 
     official copies of this resolution to the Director of the 
     Minerals Management Service, to the Secretary of the 
     Interior, to the President of the United States, to the 
     speaker of the house of representatives and the president of 
     the senate of the United States Congress, and to all the 
     members of the Texas delegation to the Congress with the 
     request that this resolution be officially entered in the 
     Congressional Record as a memorial to the Congress of the 
     United States of America.
                                  ____
                                  

                          ____________________