Appointments for April 16, 2004

Designating Judy A. Mosley of Amarillo as Presiding Officer of the Nursing Facility Quality Assurance Team, pursuant to HB 2292, for a term at the pleasure of the Governor.

Appointing as Judge of the 79th Judicial District Court, Brooks and Jim Wells Counties for a term until the next General Election and until his successor shall be duly elected and qualified, Richard Clark Terrell of Alice. Mr. Terrell is replacing Judge Terry Canales who was removed.

Appointed to the Emergency Medical Services Advisory Council for a term to expire January 1, 2010, Joan E. Shook, M.D. of Bellaire (Dr. Shook is being reappointed).

Appointed to the Emergency Medical Services Advisory Council for a term to expire January 1, 2010, Ferris E. Shaheen, III of Levelland (Mr. Shaheen is being reappointed).

Appointed to the Emergency Medical Services Advisory Council for a term to expire January 1, 2010, John L. Simms of Brenham (Mr. Simms is being reappointed).

Appointed to the Emergency Medical Services Advisory Council for a term to expire January 1, 2010, Vance L. Riley of Victoria (replacing Raymond Holloway of Kerrville whose term expired).

Appointed to the Emergency Medical Services Advisory Council for a term to expire January 1, 2010, David Jimenez of El Paso (replacing Rebecca Campuzano-Salcido of El Paso whose term expired).

Appointed to the Texas Ethics Commission for a term to expire November 19, 2005, James David Montagne of Orange (replacing Ernestine Glossbrenner of Alice whose term expired).

Appointed to the Texas Ethics Commission for a term to expire November 19, 2007, Warren Tom Harrison of Austin (replacing Jerome Johnson of Amarillo whose term expired).

Appointed to the Texas Commission on the Arts for a term to expire August 31, 2009, Jacoba-Jetske S. Russell of Dallas (replacing Carol Questrom of Dallas who resigned).

Appointed to Humanities Texas for a term to expire December 31, 2005, Robert J. Kruckemeyer of Spring (replacing Custis Wright of Austin whose term expired).

Appointed to Humanities Texas for a term to expire December 31, 2005, Virginia Dudley of Comanche (replacing Randolph Hurt of Fort Stockton whose term expired).

Appointed to Humanities Texas for a term to expire December 31, 2005, Linda Valdez of Rockport (replacing Kathleen Bay of Austin whose term expired).

Appointed to the Texas Board of Pardons and Paroles, pursuant to HB 7, 78th Legislature, 3rd Called Session, for a term to expire February 1, 2007, Elvin Hightower of Georgetown.

Appointed to the San Jacinto River Authority, Board of Directors, pursuant to SB 526, 78th Legislature, Regular Session, for a term to expire October 16, 2009, John Thomas Draper of Cypress (replacing Richard Ramirez whose term expired).

Appointed to the San Jacinto River Authority, Board of Directors, pursuant to SB 526, 78th Legislature, Regular Session, for a term to expire October 16, 2009, Mary L. Rummell of Spring (replacing Randall Birdwell whose term expired).

Appointed to the Governor's Clean Coal Technology Council, pursuant to Executive Order RP-21, for a term at the pleasure of the Governor, F. Scott LaGrone of Austin.

Appointments for April 20, 2004

Appointed to the State Pension Review Board for a term to expire January 31, 2007, Norman W. Parrish of The Woodlands (replacing Leonard Cargill of Houston whose term expired).

Appointed to the State Pension Review Board for a term to expire January 31, 2007, Richard Earl McElreath of Amarillo (replacing Jeanie Wyatt of San Antonio whose term expired).

Appointed to the State Pension Review Board for a term to expire January 31, 2007, Roy Valentine Casanova, Jr. of San Antonio (replacing Craig Goralski of Houston whose term expired).

Appointed to the State Pension Review Board for a term to expire January 31, 2007, Paul A. Braden of El Paso (replacing Bill Mahomes of Dallas whose term expired).

Appointed to the State Pension Review Board for a term to expire January 31, 2009, Frederick E. Rowe, Jr. of Dallas (reappointment)

Appointed to the On-Site Wastewater Treatment Research Council for a term to expire September 1, 2004, Janet Dee Meyers of Aubrey (replacing Barry Bedwell who resigned).

Appointed to the On-Site Wastewater Treatment Research Council for a term to expire September 1, 2005, Therese M. Baer of Austin (reappointment).

Appointed to the On-Site Wastewater Treatment Research Council for a term to expire September 1, 2005, Cynthia D. Williams of Odessa (reappointment).

Appointed to the On-Site Wastewater Treatment Research Council for a term to expire September 1, 2005, James W. Spence of Austin.

Appointed to the On-Site Wastewater Treatment Research Council for a term to expire September 1, 2005, Kossee Kyle Maykus of Southlake (reappointment).

Appointed to the On-Site Wastewater Treatment Research Council for a term to expire September 1, 2005, Sandra A. Cararas of McAllen (reappointment)

Appointed to the On-Site Wastewater Treatment Research Council for a term to expire September 1, 2005, Brian Lawrence Padden of Austin (replacing Franz Hiebert of Austin whose term expired).

Appointed to the Texas Board of Occupational Therapy Examiners for a term to expire February 1, 2009, Michael Carreon of El Paso (replacing Lonnie Cole of San Antonio whose term expired).

Appointed to the Texas Board of Occupational Therapy Examiners for a term to expire February 1, 2009, Cecilia Fierro of El Paso (replacing Linda Veale of Lubbock whose term expired).

Appointed to the Texas Youth Commission for a term to expire August 31, 2009, Gloria "Gogi" Dickson of San Antonio (replacing Leonard Lawrence of San Antonio whose term expired).

Appointed to the Texas Funeral Service Commission for a term to expire February 1, 2009, Laurens B. Fish, III of Austin (replacing John Q. King of Austin whose term expired).

Appointed to the Texas Workers' Compensation Commission for a term to expire February 1, 2005, William A. Ledbetter, Jr. of North Richland Hills (replacing Richard Smith of Bryan who resigned).

Appointed to the Texas State Affordable Housing Corporation, Board of Directors for a term to expire February 1, 2007, Jo Van Hovel of Temple (replacing Debbie Moutsos of South Padre Island whose term expired).

Rick Perry, Governor

TRD-200402672

RP 33

Relating to reforming the Adult Protective Services Program

WHEREAS, the State of Texas values older Texans and persons with disabilities, and is committed to ensuring that these Texans, particularly as the number of older adults increases, can live in a safe and healthy environment; and

WHEREAS, the mission of the Adult Protective Services program is to protect older adults and persons with disabilities from abuse, neglect, and exploitation by investigating and providing or arranging for services necessary to prevent or alleviate maltreatment; and

WHEREAS, concerns about self-determination not withstanding, it is equally important to ensure the state's commitment to helping individuals who have lost the ability to provide for themselves the goods and services which are necessary to avoid physical harm, mental anguish, or mental illness; and

WHEREAS, the most effective way to prevent and address the abuse, neglect, or exploitation of adults is to ensure that Adult Protective Services is closely working and coordinating with every community stakeholder in preventing and investigating elder abuse, including the medical community, the mental health community, victims rights associations, advocate groups, legal experts, courts, law enforcement, and others; and

WHEREAS, the full participation of municipal, county, and state law enforcement is key to identifying, investigating, and stopping elder abuse, neglect, and exploitation; and

WHEREAS, the administration and organization of the Adult Protective Services program should operate efficiently and be accountable for the protection and safety of older Texans and persons with disabilities; and

WHEREAS, under House Bill No. 2292 of the 78th Legislature, the Health and Human Services Commission was charged to provide policy direction, oversight, administrative support, and accountability for the health and human services agencies, including the Department of Family and Protective Services; and

WHEREAS, reports of cases of potential elder abuse and neglect in El Paso prompt the necessity of extraordinary measures;

NOW, THEREFORE, I, Rick Perry, Governor of Texas, by virtue of the power and authority vested in me by the Constitution and laws of the State of Texas, do hereby order the following:

Systemic Reform. The Health and Human Services Commission, considering this effort of the highest priority, shall direct and oversee the systemic reform of the Adult Protective Services program, focusing on the need to protect older adults and persons with disabilities from abuse, neglect, and exploitation. The Commission shall request assistance from additional state agencies as needed to ensure an appropriate and comprehensive reform of the program.

Review of Case Files. The Health and Human Services Commission shall immediately begin an independent review of previously closed cases in the Adult Protective Services program, prioritizing cases for review, determining whether regulations have been consistently followed, and taking immediate corrective measures in cases where needed. The Commission shall ensure that any necessary and appropriate disciplinary action be taken in response to all cases identified as having been mishandled, particularly if injury or death resulted from inappropriate action. The Commission shall use information collected from these case reviews to ensure the reforms to the Adult Protective Services program promote the continued health and safety of older Texans.

Administrative Reform. The Health and Human Services Commission shall conduct a comprehensive administrative reform of the Adult Protective Services program, including developing new training procedures, developing minimum qualifications for caseworkers and supervisors, and ensuring the effective application of all state statutes and policy requirements to protect the safety and well-being of older adults and persons with disabilities.

Organizational Reform. The Health and Human Services Commission shall conduct a comprehensive organizational reform of the Adult Protective Services program to ensure the appropriate placement of state resources and program supervisors for proper and sufficient regional oversight and communication, the effective application of all state statutes and policy requirements, and the most appropriate outcomes for older adults and persons with disabilities.

Increase Use of Technology. The Adult Protective Services program shall consistently take advantage of new technology, such as digital cameras and wireless communication devices, to improve the quality of services, monitoring and investigation of cases.

Partner with Law Enforcement. The Texas Department of Public Safety is directed to give high priority to investigating and addressing any potential criminal cases of elder abuse and neglect. Additionally, the Department of Public Safety shall coordinate with municipal and county law enforcement and the Health and Human Services Commission staff members to provide assistance as needed in conducting home and institutional visits of elders and persons with disabilities and to develop appropriate training on investigative techniques for these cases.

Partner with Local Communities. The Adult Protective Services program shall work with community partners to establish permanent cooperative relationships in local communities to prevent and raise awareness of the abuse, neglect, and exploitation of older Texans and persons with disabilities. These partnerships shall include the primary care and geriatric medical community, the mental health community, local area agencies on aging, victims' rights groups, advocate groups, legal experts, courts, law enforcement as well as any other local or unique community resources necessary.

Review of State Policy. The Health and Human Services Commission and the Adult Protective Services program shall review and adopt new rules and policies, including the development of a new and appropriate screening tool, which may be necessary to implement this Executive Order. These policies shall take into consideration all aspects of the person's situation from their cognitive abilities to the environment in which they live, so that the rights of the individual are balanced with the requirement that they live in a healthy and safe environment.

Review of Statute. The Health and Human Services Commission and the Adult Protective Services program shall review and make recommendations regarding any changes in statute which may be required.

Report of Compliance. The Health and Human Services Commission shall oversee the development and submission of an implementation plan and a final report of the implementation of this order. The implementation plan shall outline the specific actions taken to implement this order and shall be submitted no later than 90 days of the date of this order. The final report shall review all actions taken, as well as the recommended statutory changes developed in compliance with the Order, and shall submit this report to the Office of the Governor no later than November 1, 2004.

Full Cooperation. All affected agencies and other public entities shall cooperate fully with the Health and Human Services Commission during the research, analysis, and implementation of this order.

This executive order supersedes all previous executive orders on Adult Protective Services. This order shall remain in effect until modified, amended, rescinded, or superseded by me or by a succeeding Governor.

Given under my hand this the 14th day of April, 2004.

Rick Perry, Governor

TRD-200402535

TO ALL TO WHOM THESE PRESENTS SHALL COME:

I, Rick Perry, Governor of Texas do hereby certify that the catastrophic failure of the I-20 Bridge over Salt Draw on April 4, 2004, has caused a disaster in Reeves County in the State of Texas.

THEREFORE, in accordance with the authority vested in me by Section 418.014 of the Texas Government Code, I do hereby proclaim the existence of such disaster and direct that all necessary measures both public and private as authorized under Section 418.015 of the code be implemented to meet that disaster.

In accordance with the statutory requirements, copies of this proclamation shall be filed with the applicable authorities.

IN TESTIMONY WHEREOF, I have hereunto signed my name and have officially caused the Seal of State to be affixed at my Office in the City of Austin, Texas, this the 9th day of April, 2004

Rick Perry, Governor

Attested by: Luis Saenz, Assistant Secretary of State

TRD-200402655

TO ALL TO WHOM THESE PRESENTS SHALL COME:

WHEREAS, education is the foundation for the economic and cultural future of the state of Texas; and

WHEREAS, the constitutional responsibility for the development of an efficient system of public education rests with the legislature; and

WHEREAS, Texas must maintain an equitable system of school finance that ensures student performance and accountability are the primary goals; and

WHEREAS, educational excellence requires that the state provide resources to reward higher levels of student performance; and

WHEREAS, the state's system of accountability must include new measures of financial accountability and transparency in budgeting; and

WHEREAS, any changes in revenue structures must stimulate job creation and provide a healthy climate in which business can operate and expand; and

WHEREAS, local property taxes must be cut, controlled, and capped to ensure that Texans are not burdened by excessive property tax rates without a vote; and

WHEREAS, the current state of public school finance requires immediate action by the legislature to ensure the continued efficient and effective operation of Texas schools; and

WHEREAS, the people have placed the constitutional power to call and convene the legislature into special session in the hands of the Chief Executive Officer of the State;

NOW, THEREFORE, I, RICK PERRY, GOVERNOR OF THE STATE OF TEXAS, by the authority vested in me by Article IV, Section 8, of the Texas Constitution, do hereby call an extraordinary session of the 78th Legislature, to be convened in the city of Austin, commencing at 10 a.m. on Tuesday the 20th day of April 2004, for the following purposes:

To consider legislation that provides for performance based incentives to schools that attain higher levels of achievement.

To consider legislation that provides a cap on the growth in the appraisal values of homesteads for property tax purposes.

To consider legislation that provides a cap that is indexed to population and inflation on all property tax revenues received by local governments.

To consider legislation that provides reform of the property tax appraisal process, including having elected officials approve certification rolls, and requiring mandatory sales price disclosure of real property.

To consider legislation that provides for modifications to the recapture provisions of the school finance system, including but not limited to a constitutional amendment that links residential and non-residential tax rates at a lower level than provided by current law, providing for local enrichment.

To consider legislation that creates an Educational Excellence Fund to provide incentive funding, funding to maintain and enhance equity, and greater funding to address the needs of students with limited English proficiency.

To consider legislation on education reforms and property tax reduction proposals that benefit the school children and property tax payers of Texas.

To consider legislation that provides for an increase in cigarette and tobacco product taxes and fees and dedicating the revenue derived from the increase to the Educational Excellence Fund and for school property tax relief for taxpayers.

To consider legislation and amendments to the constitution that authorize and allow the placement and licensing of video lottery terminals at licensed racetracks and certain Indian reservations, providing that the revenue derived from such activity is dedicated to the Educational Excellence Fund, providing that the racetracks and tribes sign a contract with the state.

To consider legislation that privatizes the collection of delinquent taxes.

To consider legislation that provides for a reasonable tax and fees on certain adult entertainment venues.

To consider legislation that provides for an acceleration in the collection of tax revenues.

To consider legislation that reduces fraud in the sale of automobiles.

To consider legislation that closes loopholes in the franchise tax and dedicates the revenue from closing the loopholes to the Educational Excellence Fund and for school property tax relief for taxpayers.

The Secretary of State will take notice of this action and will notify the members of the Legislature.

IN TESTIMONY WHEREOF, I have hereto signed my name and have officially caused the Seal of State to be affixed at my Office in the City of Austin, Texas, this the 15th day of April 2004.

Rick Perry, Governor

Attested by: Geoffrey S. Connor, Secretary of State

TRD-200402656