TITLE GOVERNOR

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto House Bill No. 32 as passed by the Seventy-Eighth Texas Legislature, Regular Session, because of the following objections:

House Bill No. 32 would allow inmates to file an unlimited number of applications for a writ of habeas corpus when complaining about time-credits on their sentences. That is a waste of time in the trial and appellate courts of this state. Current law allows a subsequent application when an inmate produces facts that could not have been previously presented.

Since the Legislature by its adjournment has prevented the return of this bill, I am filing these objections in the office of the Secretary of State and giving notice thereof by this public proclamation according to the aforementioned constitutional provision.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003.

Rick Perry, Governor

Attested By: Gwyn Shea, Secretary of State

Proclamation 41-2917

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto House Bill No. 59 as passed by the Seventy-Eighth Texas Legislature, Regular Session, because of the following objections:

House Bill No. 59 must be vetoed to avoid confusion for law enforcement, prosecutors, and courts. House Bill No. 2096, which I signed, creates a new chapter in the Penal Code regarding trafficking of persons. Therefore, the similar but not identical provisions in House Bill No. 59 are unnecessary.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003.

Rick Perry, Governor

Attested by: Gwyn Shea, Secretary of State

Proclamation 41-2918

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto House Bill No. 76 as passed by the Seventy-Eighth Texas Legislature, Regular Session, because of the following objections:

House Bill No. 76 would require county or district attorneys to represent veterans in claims they were not given employment preference allowed under current state law. This is an unfunded mandate and would potentially create a specific hardship in Travis County, where the majority of state employment is available. Further, this bill unnecessarily increases litigation in the state.

I fully support efforts to employ qualified military veterans, and I encourage all state agencies, boards and commissions to be mindful of the state law that requires veterans to be given hiring preference.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003.

Rick Perry, Governor

Attested by: Gwyn Shea, Secretary of State

Proclamation 41-2919

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto House Bill No. 156 as passed by the Seventy-Eighth Texas Legislature, Regular Session, because of the following objections:

House Bill No. 156, which would give Regional Mobility Authorities the ability to condemn real property, conflicts with other legislation. House Bill No. 3588, which I have signed, covers eminent domain authority for Regional Mobility Authorities in a more comprehensive manner. I am vetoing this bill at the author's request.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003.

Rick Perry, Governor

Attested by: Gwyn Shea, Secretary of State

Proclamation 41-2920

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto House Bill No. 157 as passed by the Seventy-Eighth Texas Legislature, Regular Session, because of the following objections:

House Bill No. 157, which would give Regional Mobility Authorities the ability to issue turnpike revenue bonds and charge tolls, conflicts with other legislation. House Bill No. 3588, which I have signed, covers bonding and toll authority for Regional Mobility Authorities in a more comprehensive manner. I am vetoing this bill at the author's request.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003.

Rick Perry, Governor

Attested by: Gwyn Shea, Secretary of State

Proclamation 41-2921

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto House Bill No. 298 as passed by the Seventy-Eighth Texas Legislature, Regular Session, because of the following objections:

House Bill No. 298 would prohibit the disclosure of information on hunting and fishing licenses except for zip codes. This legislation is unnecessary because such disclosure already is prohibited by Texas Parks and Wildlife Department regulations from the state Transportation Code.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003.

Rick Perry, Governor

Attested by: Gwyn Shea, Secretary of State

Proclamation 41-2922

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto House Bill No. 424 as passed by the Seventy-Eighth Texas Legislature, Regular Session, because of the following objections:

As originally filed, House Bill No. 424 would have appropriately provided local public housing authority boards with more flexibility and would have made state standards for tenant representation conform with current federal standards.

An amendment added to House Bill No. 424 would have imposed a restriction on a housing board's ability to hire legal counsel. This overly broad and unnecessary restriction could lead to the boards receiving less effective, and more costly, legal representation.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003.

Rick Perry, Governor

Attested by: Gwyn Shea, Secretary of State

Proclamation 41-2923

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto House Bill No. 425 as passed by the Seventy-Eighth Texas Legislature, Regular Session, because of the following objections:

House Bill No. 425 would disregard the constitutional doctrine of separation of powers. Set forth in Article II of the Texas Constitution, this doctrine establishes that there be three distinct departments of our government - legislative, executive and judicial - and that no department "shall exercise any power properly attached to either of the others." This bill would allow the Legislative branch to improperly infringe upon the powers and duties of the Executive branch, dictating to the Executive branch how it should exercise its powers and duties.

The bill also would improperly allow the legal opinion of an unelected government staff employee to supercede the expressed will of the Legislature, by giving that unelected staff employee the ability to issue independent opinions on the legislative intent of bills already passed by the Legislature. House Bill No. 425 also would disregard numerous opinions issued by the courts, which have ruled clearly that post-enactment statements of individual legislators should be given little weight in the determination of legislative intent.

Finally, the bill requires executive branch state agencies to determine legislative intent, a function constitutionally left to the courts.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003.

Rick Perry, Governor

Attested by: Gwyn Shea, Secretary of State

Proclamation 41-2924

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto House Bill No. 999 as passed by the Seventy-Eighth Texas Legislature, Regular Session, because of the following objections:

The author of House Bill No. 999 requested that this bill be vetoed because it conflicts with House Bill No. 1606, which requires political candidates and officeholders to file reports electronically as part of a major effort to strengthen the state's ethics laws. I have signed House Bill No. 1606.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003.

Rick Perry, Governor

Attested by: Gwyn Shea, Secretary of State

Proclamations 41-2925

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto House Bill No. 1053 as passed by the Seventy-Eighth Texas Legislature, Regular Session, because of the following objections:

I support the intent of House Bill No. 1053 to prevent identity theft by protecting the confidentiality of Social Security numbers. However, this bill conflicts with Senate Bill No. 473, which I have signed and which addresses the confidentiality of Social Security numbers in a more comprehensive manner.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003.

Rick Perry, Governor

Attested by: Gwyn Shea, Secretary of State

Proclamation 41-2926

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto House Bill No. 1232 as passed by the Seventy-Eighth Texas Legislature, Regular Session, because of the following objections:

House Bill No. 1232 is unnecessary. I believe the current licensing system at the Texas Alcoholic Beverage Commission is sufficient.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003.

Rick Perry, Governor

Attested by: Gwyn Shea, Secretary of State

Proclamation 41-2927

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto House Bill No. 1241 as passed by the Seventy-Eighth Texas Legislature, Regular Session, because of the following objections:

House Bill No. 1241 would require the Texas Lottery Commission to use state funds to protect individual lottery retailers from financial liability for bankruptcy, theft, or the loss of lottery equipment and merchandise. Under current law, the Lottery Commission can use these funds to protect the state's interest. However, House Bill No. 1241 shifts responsibility and would require the state to cover losses of a private entity. Participation in the Texas lottery system is voluntary, and retailers must accept responsibility for protecting and managing the equipment.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003.

Rick Perry, Governor

Attested by: Gwyn Shea, Secretary of State

Proclamation 41-2928

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto House Bill No. 1274 as passed by the Seventy-Eighth Texas Legislature, Regular Session, because of the following objections:

House Bill No. 1274 would repeal the requirement that persons gathering signatures on petitions to place candidates on the ballot inform the signer of provisions which affect the signer. However, there are some very specific consequences to signing a candidate's petition, and it therefore is in the public interest to make sure that the public understands what they are signing. For example, a voter who signs a petition for a one party's candidate for public office becomes ineligible to vote in any other party's primary. This is a serious ramification which restricts the voter's right to choose the primary in which he or she wishes to participate, and it is important that the voter have that information when deciding whether to sign the petition.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003.

Rick Perry, Governor

Attested by: Gwyn Shea, Secretary of State

Proclamation 41-2929

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto House Bill No. 1344 as passed by the Seventy-Eighth Texas Legislature, Regular Session, because of the following objections:

House Bill No. 1344 would omit from the ballot any unopposed candidate. Under Sec. 2.053 of the Texas Election Code, an unopposed candidate for public office in a political subdivision may be declared elected without a vote. This bill, however, would eliminate the candidate's name from the ballot entirely, preventing voters from seeing the candidates and offices for which the election has been decided without a vote.

The better practice is that prescribed in House Bill No. 1476, which I have signed into law. House Bill No. 1476 permits unopposed candidates for state and county offices to be declared elected without a vote if no one is eligible to serve as a write-in candidate, but it continues to place the names of the unopposed candidates on the ballot so voters can see who was elected without a vote.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003.

Rick Perry, Governor

Attested by: Gwyn Shea, Secretary of State

Proclamation 41-2930

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto House Bill No. 1380 as passed by the Seventy-Eighth Texas Legislature, Regular Session, because of the following objections:

House Bill No. 1380 would fail to protect consumers from unreasonable interest rates. It would allow lenders to finance the charges for noncredit insurance covering life, disability income, accident, loss of income and mechanical breakdown. Lenders could also finance home security plans, club memberships, and service contracts. The rates for these types of noncredit insurance and other products are not regulated and only some of the policy forms have oversight.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003.

Rick Perry, Governor

Attested by: Gwyn Shea, Secretary of State

Proclamation 41-2931

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto House Bill No. 1496 as passed by the Seventy-Eighth Texas Legislature, Regular Session, because of the following objections:

House Bill No. 1496 would disregard the constitutional doctrine of separation of powers. Set forth in Article II of the Texas Constitution, this doctrine establishes that there be three distinct departments of our government - legislative, executive and judicial - and that no department "shall exercise any power properly attached to either of the others." House Bill No. 1496 would violate this principle by inappropriately granting a legislative agency authority over an executive branch agency. It would require the Texas Workforce Commission to adopt directives of the State Auditor.

However, I support the intent of House Bill No. 1496. Therefore, by executive order I am directing the Texas Workforce Commission to develop and implement innovative unemployment insurance fraud detection and collection strategies.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003.

Rick Perry, Governor

Attested by: Gwyn Shea, Secretary of State

Proclamation 41-2932

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto House Bill No. 1517 as passed by the Seventy-Eighth Texas Legislature, Regular Session, because of the following objections:

House Bill No. 1517 would mandate a notice of voters' rights which is inconsistent with requirements of House Bill No. 1549, which I have signed and which will implement the federal Help America Vote Act of 2002 in Texas.

House Bill No. 1549 requires that a poster containing general information on voting rights and prohibited acts of fraud and misrepresentation under state and federal be posted at every polling place. House Bill No. 1517 does not reference federal law nor does it list prohibited acts of fraud and misrepresentation as required by House Bill No. 1549. Accordingly, House Bill No. 1517 does not comply with federal law and is in conflict with House Bill No. 1549.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003.

Rick Perry, Governor

Attested by: Gwyn Shea, Secretary of State

Proclamation 41-2933

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto House Bill No. 1518 as passed by the Seventy-Eighth Texas Legislature, Regular Session, because of the following objections:

House Bill No. 1518 would require the review of the Texas Education Agency's dropout data definitions by the Comptroller of Public Accounts, the State Auditor and the Legislative Budget Board. However, I am signing Senate Bill No. 186, which will require the Texas Education Agency to use the federal dropout definitions adopted by the National Center for Education Statistics. Senate Bill No. 186 removes all state agency discretion regarding the adoption of dropout definitions for use in the state's education accountability system, eliminating the need for a review of the state's dropout definitions.

The bill also seeks to grant mandate relief to school districts relating to compensatory education funding audits. However, I have signed House Bill No. 3459 and Senate Bill No. 894 to provide greater opportunities for relief from compensatory education audits by exempting school districts that succeed in improving the performance of students at-risk of dropping out of school. The approach taken by these bills is consistent with my desire to provide mandate relief to school districts and my High School Completion Initiative's goal of ensuring that students do not drop out on life by dropping out of school.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003.

Rick Perry, Governor

Attested by: Gwyn Shea, Secretary of State

Proclamation 41-2934

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto House Bill No. 1701 as passed by the Seventy-Eighth Texas Legislature, Regular Session, because of the following objections:

House Bill No. 1701 would allow counties to combine election precincts, which would make them much larger and would limit the number of polling places. As a result, the bill would move many voters' polling places further from their homes. The bill would allow some precincts which are currently capped at 2,000 voters to grow to 5,000 voters, making people leave their neighborhoods to vote and increasing lines at polling places.

We should work to allow people to vote in their neighborhoods and to make it easier, not harder, for Texans to vote on Election Day.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003.

Rick Perry, Governor

Attested by: Gwyn Shea, Secretary of State

Proclamation 41-2935

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto House Bill No. 2089 as passed by the Seventy-Eighth Texas Legislature, Regular Session, because of the following objections:

House Bill No. 2089 would require the Secretary of State to post the name and certain information of each candidate who is nominated for statewide or district office in the general election for state and county officers on the secretary's website as soon as practicable after it becomes available.

As the chief election officer of Texas, the Secretary of State already exercises her power to post the names and identifying information of each candidate on the official web site.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003.

Rick Perry, Governor

Attested by: Gwyn Shea, Secretary of State

Proclamation 41-2936

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto House Bill No. 2159 as passed by the Seventy-Eighth Texas Legislature, Regular Session, because of the following objections:

House Bill No. 2159 would require the Texas Parks and Wildlife Department (TPWD) to issue a year-round license to only a member of the Kickapoo Traditional Tribe of Texas for hunting antlerless white-tailed deer. This would circumvent TPWD authority to regulate hunting and wildlife management in the State of Texas.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003.

Rick Perry, Governor

Attested by: Gwyn Shea, Secretary of State

Proclamation 41-2937

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto House Bill No. 2295 as passed by the Seventy-Eighth Texas Legislature, Regular Session, because of the following objections:

A late amendment to House Bill No. 2295 is problematic and lacks the criteria needed to guide municipalities in establishing and administering a program similar to the state's Historically Underutilized Business (HUB) Program. Without criteria needed to certify and verify minority-owned and women-owned businesses, this bill would inject ambiguity into the bid selection process and could undermine the success of the state HUB program.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003.

Rick Perry, Governor

Attested by: Gwyn Shea, Secretary of State

Proclamation 41-2938

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto House Bill No. 2361 as passed by the Seventy-Eighth Texas Legislature, Regular Session, because of the following objections:

House Bill No. 2361 requires Houston police and firefighters to be given the names of complainants, if known, and the basis of complaints made against firefighters and police officers within 30 days of the complaint being filed. Labor relations between the City of Houston and its police officers and firefighters are governed by meet and confer agreements. Under the specific terms of those agreements, any issues affecting the labor relations of the City of Houston, on the one hand, and its police officers or firefighters, on the other hand, should be resolved through the meet and confer process. The Texas Legislature is not the appropriate forum to address this issue.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003.

Rick Perry, Governor

Attested by: Gwyn Shea, Secretary of State

Proclamation 41-2939

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, have signed House Bill No. 2425 together with this proclamation stating my objections to individual items of appropriation therein. In accordance with Article IV, Section 14 of the Texas Constitution, individual items of appropriation objected to shall be of no force or effect. The remaining portions of the bill shall be effective according to its terms. I have also disapproved House Bill No. 3175, which makes cash management appropriations for state fiscal years 2004 and 2005 and have used my line item veto authority to disapprove a similar provision in Section 122 of House Bill No. 2425. These appropriations exceed the amount necessary at this time to reimburse anticipated borrowing.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003.

Rick Perry, Governor

Attested by: Gwyn Shea, Secretary of State

Proclamation 41-2940

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto House Bill No. 2493 as passed by the Seventy-Eighth Texas Legislature, Regular Session, because of the following objections:

In 1999, the Legislature allowed certain local governments to avoid purchasing goods from the lowest bidder and instead to buy from a local business which came within three percent of the best bid. Current law applies to municipalities with populations of 200,000 or less that wish to buy real property or goods from a seller whose principal place of business is in the municipality.

Now, just two sessions later, House Bill No. 2493 would greatly expand the formerly limited exception. This bill would allow the local government to use the exception for services rather than just goods, increase the size of governments which could circumvent the lowest bid, further erode taxpayer protection by allowing local governments to purchase from a local bidder whose bid is five percent higher than the best bid and would extend the exception to school districts at a time when expenditures for schools are already straining local property taxpayers' ability to pay.

With this veto message, I hope to discourage legislators from further attempts to bypass competitive bid requirements.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003.

Rick Perry, Governor

Attested by: Gwyn Shea, Secretary of State

Proclamation 41-2941

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto House Bill No. 2924 as passed by the Seventy-Eighth Texas Legislature, Regular Session, because of the following objections:

House Bill No. 2924 permits municipalities and counties to include additional land within a public improvement district if certain petition procedures are followed. Because landowners who are included in the district are subject to assessments for improvements that are provided by the district, a majority vote of the landowners to be included within the district is preferable over simple petition procedures. The safeguard of voter review is necessary to ensure that district landowners have the final word on inclusion in any public improvement district.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003.

Rick Perry, Governor

Attested by: Gwyn Shea, Secretary of State

Proclamation 41-2942

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto House Bill No. 3175 as passed by the Seventy-Eighth Texas Legislature, Regular Session, because of the following objections:

I hereby veto House Bill No. 3175, which makes cash management appropriations for state fiscal years 2004 and 2005. I have also used my line item veto authority to veto a similar provision in Section 122 of House Bill No. 2425. These appropriations exceed the amount necessary at this time to reimburse anticipated borrowing.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003.

Rick Perry, Governor

Attested by: Gwyn Shea, Secretary of State

Proclamation 41-2943

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto House Bill No. 3232 as passed by the Seventy-Eighth Texas Legislature, Regular Session, because of the following objections:

House Bill No. 3232 would require Tarrant County tax assessor-collectors to implement a costly system whereby fines written by City of Fort Worth officials for health and safety violations could be specifically listed on annual property tax bills sent to landowners. Current law provides adequate means for all Texas cities to enforce the collection of fines associated with violations of health and safety ordinances. In addition, the bill does not address the effect unpaid health and safety fines have on the status of title of the underlying property. Moreover, the bill does not adequately address issues concerning how fines would be paid by people who choose to escrow their property taxes and insurance with third parties.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003.

Rick Perry, Governor

Attested by: Gwyn Shea, Secretary of State

Proclamation 41-2944

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto House Bill No. 3242 as passed by the Seventy-Eighth Texas Legislature, Regular Session, because of the following objections:

House Bill No. 3242 would mandate that all state agencies use a reverse auction to make 10 percent of all purchases, other than professional services. I believe the Texas Building and Procurement Commission, which generally makes state agency purchases, should have the flexibility to determine the most efficient and cost effective means of making purchases.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003.

Rick Perry, Governor

Attested by: Gwyn Shea, Secretary of State

Proclamation 41-2945

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto House Bill No. 3441 as passed by the Seventy-Eighth Texas Legislature, Regular Session, because of the following objections:

Some of the provisions of House Bill No. 3441 have been accomplished in other legislation that I have signed. However, House Bill No. 3441 also would have the unintended consequence of not providing the State Preservation Board with access to funds currently used for emergencies or unexpected maintenance in and around the Capitol Complex.

Transfer of the Human Rights Commission to the Texas Workforce Commission already has been accomplished by House Bill No. 2933, and Senate Bill No. 1245 gives oversight of the Crime Victim's Institute to Sam Houston State University.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003.

Rick Perry, Governor

Attested by: Gwyn Shea, Secretary of State

Proclamation 41-2946

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto House Bill No. 3554 as passed by the Seventy-Eighth Texas Legislature, Regular Session, because of the following objections:

House Bill No. 3554 would allow the City of Laredo to bypass federal regulations and state safety objectives in selecting the location of a border safety inspection facility. Congress implemented these facilities to inspect commercial vehicles crossing the border and intended the facilities to be located at border crossings. Similarly, the Texas Department of Public Safety has selected a site near Laredo's border with Mexico to improve roadway safety.

The City of Laredo has already objected to the site selection for the border inspection facility through its lawsuit against the state and federal government. The city's desire to locate the facility some 30 miles away from the border crossing not only violates federal regulations but also would undermine highway safety.

I have consistently supported roadway safety and measures to ensure that commercial vehicles crossing our border with Mexico meet the same standards that other commercial vehicles must meet.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003.

Rick Perry, Governor

Attested by: Gwyn Shea, Secretary of State

Proclamation 41-2947

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto Senate Bill No. 24 as passed by the Seventy-Eighth Texas Legislature, Regular Session, because of the following objections:

Senate Bill No. 24 would have created the Ranch at Clear Fork Creek Municipal Utility District No. 1. The boundaries of the utility district extend outside the extra-territorial jurisdiction of the City of Uhland. Accordingly, the representation contained in Section 7(b) of the bill is incorrect. I encourage the author and the sponsor of the bill to correct the technical defect in this legislation and to continue to pursue the creation of this local utility district.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003.

Rick Perry, Governor

Attested by: Gwyn Shea, Secretary of State

Proclamation 41-2948

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto Senate Bill No. 147 as passed by the Seventy-Eighth Texas Legislature, Regular Session, because of the following objections:

Senate Bill No. 147 would require each state agency to adopt a risk management plan that includes risk assessment and risk control strategies as part of the agency's strategic plan. Current law already permits the State Office of Risk Management to assist state agencies in risk assessments and risk control strategies. This legislation would impose a burdensome mandate on all agencies, thereby creating additional paperwork and diverting scarce agency resources from our agencies' main purposes.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003.

Rick Perry, Governor

Attested by: Gwyn Shea, Secretary of State

Proclamation 41-2949

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto Senate Bill No. 315 as passed by the Seventy-Eighth Texas Legislature, Regular Session, because of the following objections:

Senate Bill No. 315 would allow one junior college to alter current state requirements for annexing counties into its taxing district.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003.

Rick Perry, Governor

Attested by: Gwyn Shea, Secretary of State

Proclamation 41-2950

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto Senate Bill No. 733 as passed by the Seventy-Eighth Texas Legislature, Regular Session, because of the following objections:

The intent of Senate Bill No. 733 was to allow local governments in rural areas to purchase an item from a local vendor without following competitive purchasing procedures if the vendor's price is equal to or less than the price provided by the state. However, a technical flaw in the bill's language would have broadened the bill's scope to cover every county in the state except Dallas County. Under this bill, local governments throughout the state would be free to buy an item without following competitive purchasing procedures from every county in the state, except Dallas. Therefore, Dallas vendors would be held at a competitive disadvantage. While this exemption to competitive purchasing may be appropriate in a rural area where there are few vendors offering the same item, it could open the door for abuse of state purchasing requirements. With this veto message, I hope to discourage legislators from further attempts to bypass competitive bid requirements.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003.

Rick Perry, Governor

Attested by: Gwyn Shea, Secretary of State

Proclamation 41-2951

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto Senate Bill No. 827 as passed by the Seventy-Eighth Texas Legislature, Regular Session, because of the following objections:

I support the intent of Senate Bill No. 827 to provide added protections to individuals who are elderly or disabled. However, the bill's flawed language has the unintended consequence of holding hospitals and hospital staff criminally liable for carrying out a patient's advanced directive to withhold lifesaving treatment. The bill would have provided a defense to prosecution if medical care or food is withheld based on an advanced directive or a living will. However, that defense did not extend to hospitals or their personnel.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003.

Rick Perry, Governor

Attested by: Gwyn Shea, Secretary of State

Proclamation 41-2952

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto Senate Bill No. 970 as passed by the Seventy-Eighth Texas Legislature, Regular Session, because of the following objections:

Senate Bill No. 970 would establish new fees and regulations for those who produce and harvest various cactus plants. As a result, the practice of xeriscaping would face artificial barriers in the marketplace at a time when government should be encouraging efforts to conserve water. Increasing administrative costs on the nursery industry is not an appropriate way to enforce current statutes.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003.

Rick Perry, Governor

Attested by: Gwyn Shea, Secretary of State

Proclamation 41-2953

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto Senate Bill No. 1154 as passed by the Seventy-Eighth Texas Legislature, Regular Session, because of the following objections:

The amendment to Senate Bill No. 1154 concerning library districts would have an adverse effect on the Village of Bee Cave and its citizens by negating a voter-approved sales tax for economic development projects. The bill requires a reduction in the sales tax rate of a 4B development corporation if a library district and corresponding sales tax is subsequently created within the boundaries of the corporation. This would retroactively override the statutory petition and election process provided in current law.

The Mayor and City Council of the Village of Bee Cave have committed to providing the Lake Travis area with a fully-accredited library to be open within three years. The library will be available to the public without regard to residency and funded from sales tax revenues from the 4B development corporation.

I support the intent of Senate Bill No. 1154 as filed. Therefore, by executive order, I am directing state agencies to make their printed publications accessible from their websites in an electronic format and furnish to the State Library a list of publications as they become available.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003.

Rick Perry, Governor

Attested by: Gwyn Shea, Secretary of State

Proclamation 41-2954

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto Senate Bill No. 1597 as passed by the Seventy-Eighth Texas Legislature, Regular Session, because of the following objections:

Senate Bill No. 1597 would require a supervisor's review of a Class C misdemeanor arrest, impeding an officer's ability to make arrests. I have consistently opposed any effort to restrict a peace officer's discretionary arrest powers. Arrests for Class C misdemeanor offenses have been supported by the Supreme Court of the United States.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003.

Rick Perry, Governor

Attested by: Gwyn Shea, Secretary of State

Proclamation 41-2955

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto Senate Bill No. 1601 as passed by the Seventy-Eighth Texas Legislature, Regular Session, because of the following objections:

When a class action is settled or the defendant loses at trial, the defendant deposits the amount of the settlement or judgment into a trust fund. Individual plaintiffs may then apply to receive money from the fund. Usually, a large sum of money is left over which is not needed to settle the claim of any plaintiff. Because the money belongs to the defendant, it reverts back to the defendant when an agreed amount of time has passed.

Senate Bill No. 1601 would require that all the money in the fund that is not paid to any plaintiff would be transferred to the Supreme Court to pay for indigent civil representation. However, any funds not needed to settle the claim of a plaintiff are still the property of the defendant. No one, including the state, has the right to take this property.

Senate Bill No. 1601 is an unconstitutional taking of property without compensation

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003.

Rick Perry, Governor

Attested by: Gwyn Shea, Secretary of State

Proclamation 41-2956

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto Senate Bill No. 1659 as passed by the Seventy-Eighth Texas Legislature, Regular Session, because of the following objections:

Senate Bill No. 1659 would authorize property owners to designate an agent to receive tax refunds on their behalf. It would have allowed property owners to designate an agent to receive tax refunds on their behalf. This change would enable firms that help people obtain tax refunds to receive a person's refund in order to deduct its fee, usually 50 percent of the amount recovered. While these firms claim to provide a public service, appraisal districts provide this information to homeowners at no cost. The Attorney General has sued some firms of deceiving homeowners about how they can obtain a homestead exemption.

The bill also requires senior citizens who establish a different homestead in the middle of the year to wait until the following January 1 to qualify their new residence for a homestead exemption and corresponding tax ceiling, or "freeze." Current law allows citizens who are 65 or over to immediately qualify for the tax exemption on their new residence.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003.

Rick Perry, Governor

Attested by: Gwyn Shea, Secretary of State

Proclamation 41-2957

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto Senate Bill No. 1705 as passed by the Seventy-Eighth Texas Legislature, Regular Session, because of the following objections:

Current law allows metropolitan transit authorities (MTA) to tax telecommunications services if approved by each city that created the authority. Senate Bill No. 1705 would make it easier for VIA MTA in San Antonio to tax telecommunications services by taking the decision away from smaller cities and allowing the City of San Antonio and Bexar County to make the decision. This bill is unnecessary because voters will have an opportunity to approve a sales tax for an advanced transportation district, as proposed in Senate Bill No. 404, which I already have signed into law.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003.

Rick Perry, Governor

Attested by: Gwyn Shea, Secretary of State

Proclamation 41-2958

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto Senate Bill No. 1782 as passed by the Seventy-Eighth Texas Legislature, Regular Session, because of the following objections:

Senate Bill No. 1782 would allow Harris County, a county adjacent to Harris County, or a municipality located in one of these counties to override a Texas Transportation Commission order concerning control of access to the state highway system. All freeways are built as controlled access highways. A drafting error gives a local government the ability to override a Transportation Commission order designating a road as a controlled access highway, which would prohibit the Department of Transportation from building a freeway in these counties. Providing municipalities the ability to decide where access to the state highway system will occur is covered in Senate Bill No. 361, which I have signed.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003.

Rick Perry, Governor

Attested by: Gwyn Shea, Secretary of State

Proclamation 41-2959

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto House Bill No. 1839 as passed by the Seventy-Eighth Texas Legislature, Regular Session, because of the following objections:

House Bill No. 1839 would reduce local control by mandating the use of private third-party providers in gathering pawnbroker's transaction information. This legislation also diminishes an important criminal investigation tool by limiting the type and extent of pawn transaction information available to local law enforcement.

For example, local law enforcement currently has the ability to receive pawn transaction information upon request. This bill limits their access to paper transaction documents to on-site inspection if the pawnbroker releases the transaction data electronically to a private company. As a result, police officers will no longer receive paper copies, but will be required to use a portable photocopier to generate admissible records.

Also, pawnbrokers are no longer required to share the paper ticket with the police after 180 days, unless it is sought pursuant to a criminal investigation. The unintended consequence of these provisions is that local law enforcement may not be able to access any pawn transaction information during the seven days permitted by the bill for the transfer of electronic information. This limitation places severe restrictions on very time-sensitive information.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003.

Rick Perry, Governor

Attested by: Gwyn Shea, Secretary of State

Proclamation 41-2960

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto Senate Bill No. 407 as passed by the Seventy-Eighth Texas Legislature, Regular Session, because of the following objections:

Senate Bill No. 407 attempts to encourage cities with fire departments and emergency services to make those services available to neighboring local government entities that do not have them. Unfortunately, the bill would have the exact opposite effect.

Current law provides that when two governmental units contract to furnish or obtain fire services, the city furnishing the services cannot be sued for injuries or property damage that might be caused by the services.

The city receiving the services "is responsible for any civil liability that arises from the furnishing of those services." This is more than merely an indemnity between the two governmental entities; it means that a plaintiff can only recover damages from the entity which receives the services.

The bill replaces this statutory ban on lawsuits with a provision that inadvertently allows the city providing the services to be sued.

The only protection the city would have under the bill is an indemnity agreement with the entity which receives the services. That means the city providing the services can be sued; once it pays a judgment, it must try to recover the amount it pays plaintiff by suing the entity which received the services.

Further, in the event that the city provides fire or emergency services to another local governmental entity without a contract, the bill gives the city which provides the services the same shield from lawsuits that current law gives to a city which provides fire services under a contract.

However, the wording of this provision makes the governmental unit which receives the services without a contract liable for any civil liability. School districts or hospital districts within the same city as the fire department would be liable for any damages that occur anytime the fire or emergency services departments respond to an alarm at their facilities.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003.

Rick Perry, Governor

Attested by: Gwyn Shea, Secretary of State

Proclamation 41-2961

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto Senate Bill No. 463 as passed by the Seventy-Eighth Texas Legislature, Regular Session, because of the following objections:

Senate Bill No. 463 conflicts with language contained in Senate Bill No. 14, which I have already signed into law. At the author's request, I am vetoing the bill.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003.

Rick Perry, Governor

Attested by: Gwyn Shea, Secretary of State

Proclamation 41-2962

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto Senate Bill No. 1504 as passed by the Seventy-Eighth Texas Legislature, Regular Session, because of the following objections:

Senate Bill No. 1504 as engrossed was acceptable, but a problematic amendment would impede access to public records. The bill would limit access to information in an application for a license to operate a motor vehicle dealership from disclosure under the Public Information Act. The owners name, business address and phone number should be available to the public. Personal addresses and phone numbers should be protected. These records could only be disclosed in a judicial or administrative proceeding in accordance with a lawful subpoena.

Restricted access to these records would hinder the filing of legitimate consumer complaints against vehicle dealerships.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003.

Rick Perry, Governor

Attested by: Gwyn Shea, Secretary of State

Proclamation 41-2963

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto Senate Bill No. 1521 as passed by the Seventy-Eighth Texas Legislature, Regular Session, because of the following objections:

I support the goal of increased tuition flexibility for institutions of higher education and have signed House Bill No. 3015 to accomplish that goal. Senate Bill No. 1521, which would allow institutions to raise the tuition for graduate schools of business to the same level as law schools, does not achieve the comprehensive deregulation already provided in House Bill No. 3015. For that reason, Senate Bill No. 1521 is unnecessary.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003.

Rick Perry, Governor

Attested by: Gwyn Shea, Secretary of State

Proclamation 41-2964

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto Senate Bill No. 1526 as passed by the Seventy-Eighth Texas Legislature, Regular Session, because of the following objections:

Senate Bill No. 1526 would impede access to public records. The bill would limit access to information in an application for a license to operate a motor vehicle dealership from disclosure under the Public Information Act. The owners name, business address and phone number should be available to the public. Personal addresses and phone numbers should be protected. These personal records could only be disclosed in a judicial or administrative proceeding in accordance with a lawful subpoena.

Restricted access to these records would hinder the filing of legitimate consumer complaints against vehicle dealerships.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003.

Rick Perry, Governor

Attested by: Gwyn Shea, Secretary of State

Proclamation 41-2965

TO ALL TO WHOM THESE PRESENTS SHALL COME:

House Bill 1, the General Appropriations Act, having been duly certified by the Comptroller of Public Accounts pursuant to Article III, Section 49a of the Texas Constitution, has been presented to me for action. The bill would appropriate an estimated $117.4 billion from all fund sources, including $58.2 billion from the General Revenue Fund for the fiscal biennium beginning September 1, 2003. General revenue spending would decrease by $2.6 billion or 4.3% compared to the current biennium.

This budget accomplishes what we set out to do. We kept the trust by keeping our promises. We told the citizens of Texas that...despite tough economic times...we would not raise the price of government to balance the budget. We delivered on that promise.

This bill meets the basic needs of Texans. Key provisions include:

* $1.2 billion in new funding for public education, including a new science initiative, the Governor's High School Completion and Success Initiative and the Early Start Initiative to foster strong early childhood learning. More than $580 million was provided for textbooks and instructional materials.

* $1.1 billion in new funding for vital health care programs. This budget enhances accountability while maintaining eligibility under the Children's Health Insurance Program at 200 percent of poverty while providing increases for Medicaid acute care coverage, HIV medications and children with special health care needs. An additional $172 million is also provided to help trauma centers handle more emergency cases.

* Increased funding to the Texas Grant Program to assist in keeping access to higher education open to those students with the drive and determination to succeed in college.

* Funding for research carried out by public universities was significantly increased by allowing universities to retain 100% of their Indirect Cost Recovery for research purposes. Health-related institutions were also appropriated funds to increase their research into biotechnology initiatives.

* Seed money to generate billions in bond funds for the Texas Mobility Fund, an unprecedented commitment to building needed road, rail and public infrastructure projects.

* $295 million in new funding (appropriated through House Bill 7) for the Texas Enterprise Fund. These funds will assist the state's efforts to attract employers and create new jobs.

This budget also lays the groundwork to ensure Texas has the safe, abundant water supply it needs by moving forward with funding for plans to desalinate ocean water, and provides the funding necessary to bring the state's clean air plan into federal compliance.

The legislature has done a commendable job in reducing the growth of state government, leaving me with little to veto in the state budget. However, as I discussed in my State of the State address, Texans have a need and a right to see and understand how their tax dollars are spent. The Texas state budget should have transparent items of appropriation. Continued reliance on outdated text and excess verbiage makes it more difficult than necessary to determine how money is used. I hope that legislative budget writers will work with me to separate administrative items of appropriation from direct service items of appropriation. Increasing the number of specific line items and decreasing lump sum appropriations would add precision and clarity to appropriations text so Texans can see what agencies are doing with our precious financial resources.

My item vetoes total $68.2 million in general revenue and $81.2 million from all funding sources. I hereby veto the following items from House Bill 1 and include a statement of my objections to each of those items.

Article I - General Government

Aircraft Pooling Board

All items of appropriation

2004-- $3,741,068

2005-- $3,660,494

This veto action will eliminate the Aircraft Pooling Board. As I said in my State of the State address, this agency underutilizes valuable state assets and is no longer needed. Operations of the Pooling Board can be conducted by outsourcing to commercial carriers and using charter planes. In addition, maintenance functions can be transferred to the Department of Public Safety through budget execution.

Article III - Education

Telecommunications Infrastructure Fund Board

All items of appropriation

2004-- $2,086,025

2005-- $0

This veto action will eliminate the Telecommunications Infrastructure Fund Board. The agency has not awarded grants since August 2002. Another entity will be needed to close out existing grants, but this will be done by Executive Order.

Higher Education Coordinating Board

C.1.1 Advanced Research Program

2004-- $9,500,000

2005-- UB

This veto action deletes an appropriation to the Advanced Research Program. The goal of increasing the amount of research which is carried out by the general academic institutions has been met by allowing all institutions to keep 100% of their Indirect Cost Recovery for research purposes and continued funding for the Advanced Technology program at the Higher Education Coordinating Board. Funds would be better used to target research attracting significant matching contributions, to aid economic development efforts or to help community colleges and universities with programs designed to address critical occupational shortages such as those in nursing and the allied health professions.

Higher Education Coordinating Board

D.1.6 Chiropractic Colleges

2004--$250,000

2005-- $250,000

This veto action deletes the FY 2005 appropriation to the Parker Chiropractic College and the Texas Chiropractic College. The funds could be used to support other educational needs for Texans.

Rider 31. Border Faculty Loan Repayment Program. The Higher Education Coordinating Board may allocate additional funds from Strategy B.1.11., TEXAS Grant Program, to the Border Faculty Loan Repayment Program , and any unexpended balances on hand at the end of fiscal year 2004 are hereby appropriated for the same purposes in fiscal year 2005.

This veto action deletes a portion of a rider which would allow funds designated for the Texas Grant Program to be used to supplement the appropriation made for the Border Faculty Loan Repayment Program. The legislature appropriated money for the Border Faculty Loan Repayment Program in Strategy B.1.14. Reducing funding for the Texas Grant program reduces our commitment to keeping higher education affordable for all Texans. By eliminating the unexpended balance authority, allocations from Texas Grant are more reliably determined.

Texas Excellence Fund

All items of appropriation

2004-- $10,894,765

2005-- $11,633,294

This veto action deletes the appropriation to the Texas Excellence Fund. The goal of increasing the amount of research which is carried out by the general academic institutions has been met by allowing all institutions to keep 100% of their Indirect Cost Recovery for research purposes and continued funding for the Advanced Technology program at the Higher Education Coordinating Board. Funds would be better used to target research attracting significant matching contributions, to aid economic development efforts or to help community colleges and universities with programs designed to address critical occupational shortages such as those in nursing and the allied health professions.

University Research Fund

All items of appropriation

2004-- $10,894,765

2005-- $11,633,294

This veto action deletes the appropriation to the University Research Fund. The goal of increasing the amount of research which is carried out by the general academic institutions has been met by allowing all institutions to keep 100% of their Indirect Cost Recovery for research purposes and continued funding for the Advanced Technology program at the Higher Education Coordinating Board. Funds would be better used to target research attracting significant matching contributions, to aid economic development efforts or to help community colleges and universities with programs designed to address critical occupational shortages such as those in nursing and the allied health professions.

Texas Wildlife Damage Management Service

All items of appropriation

2004-- $3,278,256

2005-- $3,278,255

This veto action will eliminate the Texas Wildlife Damage Management Service. This agency provides operational and technical assistance in the abatement of wildlife proliferation and diseases that can be outsourced or handled by another agency. Funds for these services can be provided through budget execution.

Had the legislature not lump-sum appropriated funds to this agency and provided the transparency I spoke of in my State of the State address, I could have eliminated only those line items for activities that could be outsourced or coordinated by other state agencies. I will issue an Executive Order to direct other agencies to assist in controlling problem animals on an as needed basis.

Article V - Public Safety and Criminal Justice

Criminal Justice Policy Council

All items of appropriation

2004-- $1,251,110

2005-- $1,251,110

This veto action eliminates the Criminal Justice Policy Council. The duties and functions of this agency can be transferred to other entities by Executive Order. The criminal justice crisis in the early 1990's provided a need for an independent agency to assist public officials in restructuring sentencing policies. However, current functions such as program monitoring and developing projections can be contracted on an as-needed basis or assigned to another agency.

Article VI - Natural Resources

Texas Council on Environmental Technology

All items of appropriation

2004-- $1,515,149

2005-- $1,547,099

This veto action eliminates the Texas Council on Environmental Technology (TCET) as a stand-alone agency. This entity serves a valuable and important purpose, but should be operated by the Texas Commission on Environmental Quality (TCEQ). By Executive Order, I will direct TCEQ to absorb the functions of TCET and will seek appropriate funding through budget execution.

Article VIII - Regulatory

Board of Nurse Examiners

A.2.1 Accreditation

2004-- $223,387

2005-- $227,850

This veto action deletes funding to realize $451,237 in savings associated with passage of HB 1483, which consolidates the Board of Nurse Examiners and the Board of Vocational Nurse Examiners.

Research & Oversight Council on

Workers' Compensation

All items of appropriation

2004-- $979,290

2005-- $979,290

This veto action eliminates the Research and Oversight Council on Workers' Compensation. The research and studies conducted by this agency are not necessary for the Workers' Compensation Commission to carry out its responsibilities and duties. Furthermore, an oversight agency to watch the actions of another agency with commissioners appointed by the Governor and answerable to the legislature is wasteful and unnecessary.

Article IX - General Provisions

Sec. 11.55. Contingency for House Bill 3181. Contingent upon enactment of House Bill 3181, House Bill 2292, or similar legislation establishing the Commission for State Health Expenditures, a total of $2 million in General Revenue Funds for the biennium are hereby transferred from the Department of Health, Strategy E.1.3., Health Care and Outcomes, to the Commission on State Health Expenditures. The Commission on State Health Expenditures is also hereby authorized a total of 25 Full-time Equivalent Positions per fiscal year.

This veto action deletes a contingency rider for a new program that did not pass in any legislation.

Sec. 11.57. Contingency for House Bill 3441. Contingent upon enactment of House Bill 3441 or similar legislation by the Seventy-eighth Legislature, Regular Session, the State Preservation Board is hereby appropriated $80,000 for the fiscal year beginning September 1, 2003, and $80,000 for the fiscal year beginning September 1, 2004, out of the GR-Dedicated Fund - Capitol Account, in Strategy A.3.1., Manage Enterprises, for operation and maintenance of Capitol Complex parking meters. In addition, the agency's Full Time Equivalent (FTE) cap is hereby increased by 2 for each fiscal year of the biennium.

In addition, contingent upon passage of House Bill 3441, or similar legislation, the agency is hereby appropriated $200,000 for the fiscal year beginning September 1, 2003, out of the GR-Dedicated Fund - Capital Renewal Account, in Strategy A.1.2, Building Maintenance, to maintain and preserve the Capitol, the General Land Office Building, their contents and their grounds.

Any unexpended balances remaining as of August 31, 2004 are hereby appropriated to the agency in fiscal year 2005 for the same purposes.

This veto action deletes a contingency rider for a bill that was vetoed.

I have signed House Bill No. 1 together with this proclamation stating my objections to individual items of appropriation therein. In accordance with Article IV, Section 14 of the Texas Constitution, individual items of appropriation objected to shall be of no force or effect. The remaining portions of the bill shall be effective according to its terms. Since the Legislature by its adjournment has prevented the return of this bill, I am filing this bill and these objections in the office of the Secretary of State and giving notice thereof by this public proclamation according to the aforementioned constitutional provision.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 22nd day of June, 2003.

Rick Perry, Governor

Attested by: Gwyn Shea, Secretary of State

Message

I am allowing House Bill No. 752, which deals with retirement benefits for Houston police officers, and Senate Bill No. 1696, which allows large cities in Texas to issue pension obligation bonds, to become law without my signature.

There are a number of reasons for my decision. First, House Bill No. 752, which codifies existing retirement benefits for Houston police officers, leaves me with serious concerns about the long-term solvency of this pension fund. Analysis by the State Pension Review Board indicates that the benefits codified by this bill would nearly triple the city of Houston contribution rate from 12.4 percent to 35.4 percent of payroll. Furthermore, the bill would increase the unfunded actuarial liability of the pension fund by 1,000 percent. The only positive aspect of House Bill No. 752 is that it changes the statutory amortization period of the fund, giving the city 10 additional years to fund pension liabilities. If not for this provision, I would have vetoed this bill because it is the product of a fiscally irresponsible contract that the city of Houston never should have executed.

Second, Senate Bill No. 1696 allows cities with populations of more than 100,000 to issue pension obligation bonds to pay for unfunded liabilities in municipal retirement funds. As long as they are used correctly, these bonds are a proven tool for addressing short-term funding concerns. I am concerned, however, that some cities may not use this tool properly or effectively.

Next session, I believe the Texas legislature should get out of the business of approving local retirement benefits for cities and municipalities. It is time that local officials take responsibility for their own programs and make fiscally responsible decisions.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003.

Rick Perry, Governor

Attested by: Gwyn Shea, Secretary of State

Message

House Bill No. 823 would lower state standards for seeking and enforcing child support orders. While federal standards have been lowered, Texas should continue to pursue the highest standards possible. The Attorney General has assured me he will adhere to the higher standards.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003.

Rick Perry, Governor

Attested by: Gwyn Shea, Secretary of State

Message

I am signing this bill, which allows Texas A&M University-Texarkana to offer lower division courses, into law. Notwithstanding the institutions affected by House Bill No. 1566, Senate Bill No. 800 and Senate Bill No. 1652, I believe that if the State of Texas is to improve the quality of its higher education institutions, there must be firm accountability regarding the education which students and taxpayers can expect. Any further increase in the number of institutions will dilute the resources which the state provides to higher education to an unacceptable level.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003.

Rick Perry, Governor

Attested by: Gwyn Shea, Secretary of State

Message

I signed House Bill No. 1615, which extends the current deadline for building owners to install door restrictors and firefighter's service on elevators and escalators, from 2005 to 2010. The importance of this legislation to building owners throughout the state is clear. The forced application of these requirements would have a serious financial impact on building owners and municipalities already suffering from diminished financial circumstances.

However, because I support the enacted standards for elevators and escalators, I will soon release an executive order that requires the Department of Licensing and Regulation to adopt rules that encourage building owners to expedite their conformity. The order will require building owners who seek a waiver under this bill after 2005 to notify their tenants that the building's elevator or escalator does not meet the guidelines discussed in this bill. These building owners will also be required to submit a plan, with their waiver request, for meeting the door restrictor and firefighter access requirements by 2010.

This executive order will protect the interest of public safety without mandating harmful financial liabilities on building owners and the municipalities who rely upon them.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003.

Rick Perry, Governor

Attested by: Gwyn Shea, Secretary of State

Message

The general law in Texas for municipal courts allows a municipality to choose between providing a court reporter or using a good quality electronic recording device to preserve the record in cases tried before a municipal court of record.

Currently, several municipalities prohibit their municipal courts from using an electronic recording device instead of a court reporter. House Bill No. 1729 changes the prohibition relating to the City of Longview only.

While rules for the operation of the judiciary traditionally have been treated on an ad hoc basis, this is not the most effective method. The rules applicable to one type of court should be consistent throughout the state.

Therefore, by way of this message, I request that the Legislature look at the judiciary as a whole and be vigilant and aggressive in assuring that all courts of the same level are governed by the same rules.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003.

Rick Perry, Governor

Attested by: Gwyn Shea, Secretary of State

Message

House Bill No. 2033 will expand the use of Historically Underutilized Businesses (HUB) to include businesses that perform professional services to the state. As a result of expanding the pool of eligible businesses competing for the state's business, there's a possibility that during this transition period overall participation in HUB rates compared to dollars spent will decrease. I am committed to increasing these rates and all state agencies should strive to improve opportunities for all Texans.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003.

Rick Perry, Governor

Attested by: Gwyn Shea, Secretary of State

Message

House Bill No. 2588 will allow the Attorney General to charge service fees to custodial parents who request his office's legal assistance in trying to locate a non-custodial parent with child support obligations, or to obtain and enforce child support orders. Although I have concerns about assessing custodial parents - most of whom are women - these fees, I am signing this at the request of the Attorney General.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003.

Rick Perry, Governor

Attested by: Gwyn Shea, Secretary of State

Message

Currently, several municipalities prohibit their municipal courts from using an electronic recording device instead of a court reporter. House Bill No. 3624 changes the prohibition relating to the City of El Paso only.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003.

Rick Perry, Governor

Attested by: Gwyn Shea, Secretary of State

Message

I signed House Concurrent Resolution No. 13, which urges the Congress to enact federal legislation (HR 2472 from the 107th Congress) to criminalize Internet transmission of indecent materials to minors, because I believe it is important to protect children from sexually explicit e-mail advertisements.

The Congressional resolution would require marketers to flag emails of an adult or pornographic nature so that parents can filter them from reaching their children. I am troubled, however, by a provision in HR 2472 that would allow parents to recover $10,000 for each offending e-mail that reaches their minor child.

While I strongly believe in taking every step possible to protect our children from Internet pornography, I disagree with provisions that would create new causes of action. When combined with the low burden of proof required for civil remedies and the possibility of class action lawsuits, this provision - if passed - would likely further clog our court systems. Strong criminal penalties or civil remedies through the Federal Trade Commission (FTC), I believe, would be a more appropriate approach for addressing violations.

I look forward to working with the Texas congressional delegation on legislation during the 108th Congress that will provide strong criminal penalties or FTC enforcement to protect children from being exposed to such advertisements.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003.

Rick Perry, Governor

Attested by: Gwyn Shea, Secretary of State

Message

I signed House Concurrent Resolution 58, which urges the Congress to enact federal legislation to create a Medicaid block grant.

The Congressional resolution would provide states with more flexibility to tailor each state's Medicaid program to the needs of its recipients by block granting funds. While I strongly believe that increased administrative flexibility in Medicaid would benefit Texas, I would like to caution against setting the state maintenance of effort requirements and any other block grant requirements at levels that are difficult for states to maintain over a period of years, particularly if Medicaid caseloads decline.

I look forward to working with the Texas congressional delegation on this legislation during the 108th Congress.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003.

Rick Perry, Governor

Attested by: Gwyn Shea, Secretary of State

Message

Senate Bill No. 815 combines the foundation and enrichment curricula into a unified required curriculum for Texas schools. While the intent of treating all subjects in our schools equally is a laudable goal, the focus on core academic subjects should continue. The constitutional requirement for a general diffusion of knowledge may dictate a different allocation of resources for core academic and enrichment courses.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003.

Rick Perry, Governor

Attested by: Gwyn Shea, Secretary of State

Message

Senate Bill No. 900 repeals the penalty imposed on school districts failing to meet administrative cost limits. This legislation reduces the Commissioner of Education's authority to hold school districts financially accountable and it repeals the incentive for school districts to improve their instructional cost ratios. However, Senate Bill No. 900 is filed without signature because of my commitment to local control and to addressing comprehensive school reform in a special session of the Legislature.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003.

Rick Perry, Governor

Attested by: Gwyn Shea, Secretary of State

Message

Senate Bill No. 1082 would have authorized the Texas Department of Transportation to borrow funds from the Permanent School Fund in order to acquire rights-of-way for the state highway system.

This bill was contingent on the approval of the constitutional amendment proposed by Senate Joint Resolution No. 43, which did not pass the House. Therefore, due to the terms of the bill, Senate Bill 1082 has no effect because Senate Joint Resolution 43 did not pass.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003.

Rick Perry, Governor

Attested by: Gwyn Shea, Secretary of State

Message

I am signing Senate Bill No. 1429 which permits regulated lenders, including banks, savings banks and finance companies, to offer debt cancellation, debt suspension and gap waiver agreements.

Currently, national lending institutions are permitted to offer these types of agreements. I believe it is important that Texas lenders remain competitive with their national counterparts while maintaining strong safeguards to protect the consumers of the state of Texas.

By way of this message, I am directing the Department of Banking, Savings and Loan Department, Office of Consumer Credit Commissioner and the Credit Union Department to be diligent and aggressive in assuring that consumer protections are in place and that all Texas lenders conduct themselves properly in our quest for a truly competitive market.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003.

Rick Perry, Governor

Attested by: Gwyn Shea, Secretary of State

Message

I am signing Senate Bill No. 1652, which has a provision allowing the University of North Texas System Center at Dallas to become a four-year institution upon reaching the enrollment requirements. With the potential addition of four new four-year institutions as provided for in Senate Bill No. 800, House Bill No. 1566 and this bill, I would be very concerned by any additional efforts to increase the number of four-year general academic institutions. If the State of Texas is to improve the quality of its higher education institutions, there must be firm accountability regarding the education which students and taxpayers can expect. Any further increases in the number of institutions will dilute the resources which the state provides to higher education to an unacceptable level.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003.

Rick Perry, Governor

Attested by: Gwyn Shea, Secretary of State

Message

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 2003.

Rick Perry, Governor

Attested by: Gwyn Shea, Secretary of State

TRD-200304127