House Transcript, January 12, 2011

AUDIO: Welcome to the 82nd session of the Texas House of Representatives. (Roll call.)

SPEAKER STRAUS: Have all members registered? A quorum is present. The House and gallery -- I'm sorry. The Chair -- Chair recognizes Representatives Gallego and Walle for a motion. Chair recognizes Representative Dutton for a motion.

REP. DUTTON: Thank you, Mr. Speaker. Two, three sessions ago, I wrote this prayer and titled it as a legislator's prayer. It recognizes the diversity in Texas, but it also acknowledges that there's only one source of diversity. May we pray? To the God of the Panhandle, to the God of the Rio Grande Valley, to the God of the High Plains, to the God of the Gulf Coast, to the God of the Piney Woods, to the God of Central Texas, to the God of West Texas, to the God of rural Texas, to the God of urban Texas, to the God of the poor, to the God of the powerful, we thank you for being one God, and we pray that our differences serve to keep Texas one under God. Amen.

SPEAKER STRAUS: Chair recognizes Representative Sheets to lead the pledge of allegiance to the United States flag and pledge to the Texas flag. join me in the pledge of allegiance.

(Pledge of allegiance.)

(Pledge of allegiance to Texas.)

SPEAKER STRAUS: Madame Doorkeeper?

MADAME DOORKEEPER: I have a messenger from the Senate at the door of the House.

SPEAKER STRAUS: Permit the messenger.

SENATE MESSENGER: Mr. Speaker, I'm directed by the Senate to inform the House that the Senate has taken the following action and the Senate has passed the following measures: SCR 3, Ogden, providing for procedures for the canvass of votes for the Governor and Lieutenant Governor and the inauguration of the Governor and Lieutenant Governor.

SPEAKER STRAUS: The Chair recognizes Representative Gallego for a moment of silence.

REP. GALLEGO: Thank you, Mr. Speaker. Mr. Walle and I would like to have a moment of silence. As many of you know, over the last few days, we've all been kind of glued to our television watching and listening and learning about the events in Arizona, and I want to spend a second or two telling you a little bit about the folks who were killed and injured and ask that we have a moment of silence in their honor and in their memory. The youngest victim, Christina Taylor Green, was nine years old, not much older than my own son. She was born on September 11th of 2001 and had been featured in the book Faces of Hope of kids that were born on that day. She was the daughter of LA Dodgers scout, John Green, and Roxanna Green, and the granddaughter of former major league baseball player and Hall-of-Famer Dallas Green. She was in the third grade. She'd recently been elected to the student council at Mesa Verde Elementary School, and she went to this event with a neighbor just because she wanted to learn more about politics. Dorothy "Dot" Morris was 76. She was a retired secretary from Oro Valley. Her husband, George, survived two gunshot wounds while attempting to protect her. John Roll, 63, was the chief judge for the U.S. District Court in Arizona, a native of Pennsylvania and a 1969 graduate of the University of Arizona. He'd started his legal career as a bailiff in the Pima County Superior Court, was appointed to the Arizona Appeals Court in 1987, and named to the federal bench by President George H. W. Bush in 1991. He had served as presiding judge since 2006. Ironically, Congresswoman Giffords had sent a letter supporting an emergency docket in Arizona, and he went over there just simply for the purpose of saying thank you to her. Phyllis Schneck, 79, was a homemaker from Tuscon. Dorwan Stoddard, 76, was a retired construction worker. He was shot in the head while shielding his wife, Mavy, from the gunman. He and his wife had both been married before. They'd both been widowed, but they dated in sixth grade, and so years afterwards, they had reconnected and had been married for 15 years. She was able to speak with him, though, for ten minutes before he died. Gabriel Zimmerman was 30 years old. He worked on Congresswoman Giffords' staff as a community outreach director and had been a member of her staff since 2006. He had just gotten engaged to be married. The wounded we know were Congresswoman Gabrielle Giffords from Arizona. She had been in the Arizona House and in the Arizona Senate, and those of us who have been around awhile and active in NCSL and other things may have had the opportunity to meet her because she was very active in several organizations. Bill Badger was a retired colonel in the Army National Guard. His head was grazed by a bullet just moments before he was able to subdue the suspect. Ron Barber, Deputy Director for Congresswoman Giffords' office, he was shot in the leg and in the cheek. Eric Fuller, a military veteran and retired limousine driver, who was also hit in the leg and back by bullet fragments. Susan Hileman, 58, was shot in the leg and hip and abdomen and chest, and she was the neighbor who had taken young Christina Taylor Green to see this congresswoman. George Morris was a retired marine and former airline pilot. He survived two gunshot wounds while trying to protect his wife, Dorothy. Mary Reed attended with her family. She was shot in the back and both arms while shielding her 17-year-old daughter against a wall. Pam Simon, a congressional staffer who had worked for Congresswoman Giffords for a while, and Mavy Stoddard, who was shot in the leg three times. Again, she was married to Dorwan. They dated in grade school and reconnected and years later had gotten married. All of those folks, their lives have been changed irreparably. The families, the victims, the world is a different place for them now. And so I'd ask that in their honor and in their memory, we take a moment of silence, in silent prayer, to pray for the dead and pray for the living as well. (Moment of silence.)

REP. GALLEGO: Thank you, Mr. Speaker.

SPEAKER STRAUS: Thank you. Mr. Raymond moves to reduce the remarks of Mr. Gallego in writing and place them in journal. Is there objection? The Chair hears none. So ordered. Chair recognizes Representative Morrison to introduce the doctor of the day.

REP. MORRISON: Thank you, Mr. Speaker, and members. It is my pleasure to introduce the doctor of the day from my district, Dr. David Watson. Dr. Watson is from Yoakum, Texas, and graduated from Baylor Medical School in 1957 and is currently practicing at the Yoakum Medical Clinic. Dr. Watson has over 50 years of medical experience, and he was also named the country doctor of the year in 2008. All of our rural people are really happy about that. And he is also a member of many professional organizations. Dr. Watson has been here every session that I've been here, and that's -- since today is the first day we're in session for -- or the second day, that's now seven times that I've been here, and he's been here many other times. So, Mr. Speaker, members, please help me welcome Dr. David Watson to the Texas House of Representatives. Welcome, Dr. Watson. DR. WATSON: Thank you.

SPEAKER STRAUS: Chair recognizes Mr. Geren for a motion.

REP. GEREN: Thank you, Mr. Speaker, and members. Members, I move to suspend all necessary rules to lay out SCR No. 3.

SPEAKER STRAUS: Is there any objection? Chair hears none. Rules are suspended. The Chair lays out SCR 3. Clerk will read the resolution. THE CLERK: SCR 3 by Ogden: Providing for procedures for the canvass of votes for the Governor and Lieutenant Governor and the inauguration of the Governor and Lieutenant Governor.

SPEAKER STRAUS: Members, can we have a little order, so Mr. Geren can explain this resolution. Chair recognizes Mr. Geren.

REP. GEREN: Thank you, Mr. Speaker. Members, SCR 3 allows us to canvass the votes for the Governor and Lieutenant Governor. We're going to do this tomorrow morning. Hope all of you will be here.

SPEAKER STRAUS: Mr. Branch, for what purpose?

REP. BRANCH: Mr. Speaker, would the gentleman yield?

REP. GEREN: I gladly yield, Mr. Speaker.

REP. BRANCH: Thank you, Mr. Chair and Mr. Speaker. Could we have some order in the House so we can hear Mr. Geren on the inaugural issues?

REP. GEREN: I'm already done.

SPEAKER STRAUS: Members? Members, Mr. Branch has asked for some order. The Chair recognizes Mr. Geren.

REP. GEREN: Okay, members. In case you didn't hear it the first time, this resolution allows us to be in joint session tomorrow to canvass the votes. We hope everyone will be on time. We're going to try to get started promptly and keep things moving right along. REPRESENTATIVE: Move approval.

SPEAKER STRAUS: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Chair recognizes Mr. Geren for an announcement.

REP. GEREN: Members, this first one might be important to you. There's a letter on your desk. The members lounge will be on a cashless basis this year. Your ID card -- you'll deposit money with the sergeant's office. Your account will be set up. Your ID card will allow you to access that account. If you don't have your ID card, they have a photo of you in there that they can swipe, but you will not need cash in the members lounge, but you will need to deposit money with the sergeant's office. That's the first announcement. The second one is not such a good one. Next week, if you park on the Capitol Drive, on Monday and Tuesday, you will not be able to. You'll be getting a -- there will be a letter in your mailbox today and on your e-mail. All members who park on Capitol Drive should park on Lot 25. Lot 25 is across the street next to the Westgate building. Members' staff who currently park on Lot 25 will have to park on Lot 8 located at 15th and Colorado or in Garage A. But you'll need your parking pass to access that lot, and this is just for two days for -- so they can set up, have the inaugural, and tear down. The final announcement is, next week, January the 19th, next Wednesday, we will take the panoramic photo. It will be taken at 9:30 in the chamber. We need for you to be on time, in your seats, at 9:30 a.m., so we can get the photo and start promptly at 10:00 o'clock.

SPEAKER STRAUS: Mr. Howard, for what purpose?

REP. HOWARD: Yeah. Mr. Geren, you said the -- if we parked on the Capitol grounds. Is that both the north and the south around the Capitol, or is it just on the south where we'll have the inauguration?

REP. GEREN: The Capitol Drive will be closed on Monday and Tuesday, completely closed.

REP. HOWARD: So that means -- okay. So if we park on the north side, we won't be able to park.

REP. GEREN: No.

REP. HOWARD: Okay.

REP. GEREN: The Capitol Drive will be completely closed, Charlie. You'll have to park across the street next to the Westgate, or I can find you a place in the garage, if you'd rather --

REP. HOWARD: If you're parking on the north side, you can go out the Westgate entrance, and you'll never be involved in the south.

REP. GEREN: They're going to use -- they're going to use -- the west drive is going to be for the construction equipment, and then --

REP. HOWARD: Okay.

REP. GEREN: So thank you, sir. Thank you, Mr. Speaker, members.

SPEAKER STRAUS: The following announcement, the Clerk will read the announcement. THE CLERK: Training for House members on the floor amendment system will be conducted in the House chamber this afternoon at 2:00 p.m., classes on upgrades for the 82nd Legislature. We encourage all members to attend.

SPEAKER STRAUS: Members, this is an important training for the amendment system. Remember the training will be held at 2:00 o'clock this afternoon. Mr. Hunter?

REP. HUNTER: The following proclamations, the Clerk will read the proclamations. THE CLERK: As Speaker of the House, acting under the authority of Section 241.009, Election Code, I hereby reappoint Representative Will Hartnett as master of discovery in the matter of the contest of the election for state representative, District 48, that was held November 2nd, 2010. In accordance with Section 241.009, Election Code, the master shall continue to supervise discovery proceedings, issue any necessary process, receive and report evidence, and perform any other assigned duties in assisting the committee to which the contest is referred and the House of Representatives in disposing of the contest in accordance with Chapters 221 and 241, Election Code. An order, ruling, finding, or other determination made by the master before January 11th, 2011, is continued in effect. Pursuant to Rule 1, Section 16, House Rules, and Section 241.011, Election Code, I, Joe Straus, Speaker of the Texas House of Representatives, create the House Select Committee on Election Contest and refer the contest initiated by Dan Neil for the election of state representative, District 48, to the committee. The committee shall conduct its investigation of the issues raised by the contest in accordance with Chapters 221 and 241, Election Code, and report to the House of Representatives in accordance with that law. For the purposes of the contest, proceedings before the committee shall be considered proceedings before a tribunal under the Texas Disciplinary Rules of Professional Conduct, and those rules shall govern the conduct of parties and their counsel before the committee. The committee consists of nine members. The following members are hereby appointed to the House Select Committee on Election Contest: The Honorable Todd Hunter, Chair; the Honorable Craig Eiland, Vice Chair; the Honorable Dennis Bonnen; the Honorable Helen Giddings; the Honorable Ryan Guillen; the Honorable Lois Kolkhorst; the Honorable Tryon Lewis; the Honorable Jerry Madden; the Honorable Wayne Smith.

SPEAKER STRAUS: The Chair recognizes Representative Hunter.

REP. HUNTER: Members? Members, could I have your attention? Members, I know that we're starting the session, but I want to make sure that you hear this announcement. And I'm assuming that you heard who is on the committee. There is an election contest that is pending. A committee has just been announced. I will be chairing the committee, and we've just listed the members. Mr. Will Hartnett is the master. Will Harnett is the master. I will chair the committee. Let me make sure you hear the members: Craig Eiland, Dennis Bonnen, Helen Giddings, Ryan Guillen; Lois Kolkhorst; Tryon Lewis, Jerry Madden, and Wayne Smith. I will be organizing the hearing process shortly. My caution is, because there's a pending election contest, please do not discuss the issues, because, technically, under the rules, you could be voting. So go forward, you know, for the next few weeks or however we set the schedule, but be very careful on discussing this matter, because we don't want issues raised that certain discussions were made. So, Mr. Speaker, thank you. I will get organized and report back to the House and yourself. Thank you.

SPEAKER STRAUS: The Chair recognizes Mr. Craddick for a resolution.

REP. CRADDICK: Mr. Speaker, members, I move to suspend all necessary rules and take up HCR 26. HCR 26 congratulates the Midland High Bulldogs for their success in the playoffs, and they're having a football banquet, and we'd like to get it done and take it to them.

SPEAKER STRAUS: Is there any objection? Chair hears none. Rules are suspended. The Chair lays out HCR 26. The Clerk will read the resolution. THE CLERK: HCR 26 by Craddick: Congratulating the Midland High School Bulldogs football team on its success during the 2010 season.

SPEAKER STRAUS: Chair recognizes Mr. Craddick.

REP. CRADDICK: Members, this is the adoption of the resolution HCR 26 I just described. Move adoption.

SPEAKER STRAUS: Members, the question occurs on the adoption of the resolution. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Beck for an announcement.

REP. BECK: Thank you, Mr. Speaker. Thank you, members. I have a get well card for Gabby. I'm going to have it back at my desk. I would like for anybody that wants to, come and sign it. Thank you. I'm sorry. For the congresswoman that was shot in Arizona.

SPEAKER STRAUS: Thank you. Members, we're going to come in tomorrow morning at 9:30. We'll have a joint session starting at 10:00, and then following that, we'll take up Mr. Geren's housekeeping resolution. The Speaker's desk is clear. Are there any announcements? Chair recognizes Mr. Hilderbran for a motion.

REP. HILDERBRAN: Thank you, Mr. Speaker, members. I move for all the proceedings from yesterday's opening day session be written down and placed in the journal.

SPEAKER STRAUS: Is there any objection? Chair hears none. It's ordered. Chair recognizes Representative Taylor for an announcement.

REP. TAYLOR: Thank you, Mr. Speaker. Members, the Republican caucus will be meeting upon adjournment at 11:00 o'clock. Republican caucus will be meeting at 11:00 o'clock in the Reagan building, Room 140. The Governor is going to be coming to visit with us. 11:00 o'clock, Reagan, 140. Thank you.

SPEAKER STRAUS: Chair recognizes Ms. Farrar for an announcement.

REP. FARRAR: Good morning, members. This is an announcement that the House democratic caucus will meet tomorrow morning at 9:00 a.m. in the old Supreme Court room. Thank you.

SPEAKER STRAUS: Are there any other announcements? The Speaker's desk is clear. Chair recognizes Ms. Farrar for an announcement.

REP. FARRAR: Excuse me, members. I need to make a correction, because we'll be meeting at 9:30, I just found out, here on the floor tomorrow. So the House democratic caucus will meet at 8:30 tomorrow morning in the old Supreme Court room. Thank you. I know. Thank you.

SPEAKER STRAUS: There being no further announcements, Representative Miller moves that the House stand adjourned until 9:30 a.m. tomorrow in memory of Dr. W.O. "Bill" Trogdon of Stephenville, President of Emeritus of Tarleton State University, who passed away January 8th, 2011. The House stands adjourned.