House Transcript, January 13, 2011

Ed. note: This transcript has been partially edited for readability.

(continuing)Welcome to the 82nd session of the Texas House of Representatives. House come to order members please register. Roll call.
Unidentified Speaker:  Have all members registered?  Form is present house and federally please rise for the invocation.  Chair recognizes representative Howard to give the invocation.

Rep. Howard:   good morning.  This morning I'm going to pray with some excerpts from President George Washington's and Jonathan one of our foremost avengalists in the United States Jonathan Edwards lets bow our heads.  Oh god our father hallow be thy name on this radiant day we give thinks to you oh god for the freedom we gather united in prayer.  We know the only way to gain your blessings is to keep a conscious voided offense in our political transactions not to act from party attachments and private connections.  Not to practice intrigue to serve our own interest or those of our friends but to endeavor to serve the public in the best manner according to our capacity and opportunity.  Oh lord father continue thy mercy and favor to us this day and ever here after.  Purpose all our lawful under takings let us have all our directions from the holy spirts and success from thy bountiful hand.  Let the bright beams of our light so shine in our hearts and enlighten our minds and understanding our blessed word that we may be enable to perform thy will and all things ineffectively resist all temptations of the world, the flesh and the devil.  Preserve and defends oury lows church and state bless the people of this land be a father to the fatherless, a comforter to the comfortless, a deliverer to the captives and a physician to the sigh.  Let thy blessings guide this day and forever through Jesus Christ in whose blessed name we pray, amen.

Unidentified Speaker:   Chair recognizes representative Simpson, the pledge of allegiance. Simp simp fellow members please join me in affirming our allegiance to our state and our nation in giving these pledges.

I pledge allegiance to the flag of the United States of America and to the republic for which it stands under nation, under God indivisible, liberty and justice for all.

Honor the Texas flag.  I pledge allegiance to the Texas one state under God, one endy visible.

Chair will now hear excuses for absent members.  Excuse representative Hernandez, Luna is a sickens on motion representative Walle excuse representative Riddle important business in the district motion representative Fletcher excuse representative heart man because important business on representative brown.  Excuse representative Morrison important business in the district ocean of representative king.  Is there objection?  Chair hears none, it's the word.

Unidentified Speaker:  Madame door keep.

Unidentified Speaker:  Ive a messenger from the senate of the house.

Unidentified Speaker: Let the messenger.

Unidentified Speaker:  Mr. Speaker I'm directed by the senate to natural the house the senate has taken got lowing action the senate has passed the following measures.  HTR26.

Unidentified Speaker:  Chair recognizes representative Hardcastle to introduce the doctor of the day.

Rep. Hardcastle:   thank you I'm presented to to recognize doctor David gear you know he's been coming here every session for over 20 years and a lot of you know him he's from Henry et that, Texas, he's been of service to north Texas in our communities and to the TMA for a long time and he's got with him today his wife lee Jan and his granddaughter Samantha and he always brings one of his grandkids with him every year, every session when he comes and we're just grateful for his service and I hope y'all help me welcome him today. (applause).

Rep. Straus:  Chair recognizes Giddings for a motion.

Rep. Giddings:   thank you Mr. Speaker and members, I move to suspend all necessary rules and take up house resolution 111 recognizing the can vairier pis co.  School volleyball champions.

Rep. Straus:  Members you heard the objection is there none?  Order. Following resolution the clerk will read the resolution in full.

Clerk:  HR11 by Giddings whereas by standing display skill and determination lady school episcopal  Capture the Texas association of private and pa role rei y'all schools class chip of January first 2011.  And wheres a can berries victory in the title match came from the St. Paul high school shiner the foreset wind was played to the block set center of San Antonio and have a splendid sentence in which the lady cow cigars went two one-zero in matches to five format and a mass overall game record of 108 wins in just 15 losses and wheres a can berry was sparked in the final by Katie fits Gerald who registered 16 kills and by a combined fire power victory yeah bo witness, ably is thatcy toe and marry von, defensive side Casey Lucy had 17 digs while sky lain von and Mrs. Bo witness tally 12 a piece.  Indicate lin conspiracy with 30 assist and coalcy stew Ben out of at 18.  Ms. Fits Gerald, Ms. Lucy, Ms. Bo weapon teacher recognized with alternate honors and whereas their request to become chip, champions lady cow gars receive vital continue becausings from the other member of the team.  Samantha bo weapons, Clara Valerie Mitchell Amy painter, rampal Roberts these talented athletes were headed by couch Scott von and also benefited from the guidance and assistant coaches Jeff earlies and Kim shell ton.  And whereas the success attained by can berry volleyball prayerings is a testament to their hard work and dedication and their a source of tremendous pride to their school and many supporters.  Now, there are before being resolved that the Texas House of Representatives eight two Texas legislate jury hereby congratulate the can berry episcopal school, lady cow gars volleyball team on winning the Texas association of private and pa rogue rei y'all schools state chip and extend to the players coaches and staff sincere best witches for on thed success and be further resolved a copy of this solution be prepared for a team of a discretion regard of higher representatives.

Rep. Straus: Chair recognizes Ms. Giddings.

Rep. Giddings: Mr. Speaker I move a passage of house resolution No. 111.

Rep. Straus: Members you heard the motion is there an objection?  There is none.  Chair comes to order.  Chair recognizes Ms. Giddings.

Rep. Giddings:  Thank you speakers and members of the house it's my pleasure to introduce to you the can berry episcopal lady cougar state volleyball champions and by the way they won their championship at the blossom athletic center in San Antonio in speak E strace's district.  So we standing with us the senior member members of the team Katie fits Gerald, Catherine pierce, indicate lin Lucy, marry von, sky lain von.  And the remaining members of the team are over to my right with their coach and other members of the faculty and staff from the can at the berry school.  Let's give them all a round of applause for their state championship.  Thank you all for being with us today. 

Rep. Straus:The chair recognizes Mrs. Giddings for a motion.

Rep. Giddings:  Thank you very much Mr. Speaker and members.  I would like to move to suspend all necessary rules and take up and consider house resolution 117 which recognizes the birthday of the reverend Dr. Marting Luther King junior.

Rep. Straus:  Members you heard the objection, is there none?  Here's to order.  Chair lays outs the following resolution the clerk will read the resolution in full.

Clerk:   HR117 by Giddings.  Whereas January 125th 2011 marks the 87 anniversary of the birth of the great civil rights leader and humanitarian Dr. Martin Luther King junior and whereas Dr. King joined --

Rep. Straus: We have order please.

Clerk:  Whereas Dr. King joined the NAACP at a young age organizations executive committee.  He national prominence in 155, 1956 when he served as a spiritual and moral leader bus boycott in Montgomery Alabama.  A water shut even the boycott lead to a ban of segregation state travel in the United States and simultaneously helped movement and whereas the 1957 Dr. King is and a number of other members founded a leading civil rights organization the SCLC mass voters campaign and voters registration drivers across the south.  And whereas Dr. King serveds a president of the SCLC from its inception until April 4th 198:  During thosety multi-wows years he wrote five books and numerous articles traveled more than 6 million miles and spoke over 500 events.  Frequently jailed for peaceful protest and endured numerous personal attacks during the course of his career and whereas in recognition of his influence and moral stature time magazine named Dr. King its man of the year in the 163 and in 164 at the age of 35 he was aworded the no bell prize for peace.  He donated money that a company apprised for $54,000 to further the civil rights museum and whereas the bitt day of Marting Luther King, Jr. often called Martin Luther King day became a holiday when president Ronald Reagan signed historic legislation in 1983 and the holiday was formally observed for the first time in 1986 and whereas through his co-rage use through economic justice Dr. King helped to shaltered a deeply entrenched system of friendship further through here in this country and across the globe it libertying adeals of freedom equality, dignity will be resolved at the Texas House of Representatives of the eight two house of representatives Luther king junior and call all Texas carry forward his dream of a more just tolerant and inclusive society.

Rep. Straus: The chair recognizes Ms. Giddings.

Rep. Giddings: Yes.  Members if I could have your attention please, the resolution that we just read recognizes the birthday of the reverends Dr. Marting Luther King.  I think whenever we think about fairness and integrity we frequently think of the reverend Dr. Marting Luther King as a matter of fact on Tuesday when we were sworn in at least two of the speakers invoked the words and the name of the reverend Dr. Marting Luther King so I think it is fitting and proper that we pause and recognize his birthday which will be on Monday because it was his life and his work that transformed the course of American history, his ideals and principles put into action to help all of humanity.  He was not just about freedom and liberty for people who look like him, he was for freedom and liberty for people all across this globe.  He under as we understanded to that none of us are free until all of us are free.  He truly believed that love is the only thing that can over come heat and that right can win over might.  So thank you for pausing with me today to recognize the important work and the life of one of the greatest American heroes, the reverend Dr. Marting Luther King.  Mr. Speaker, I move passage.

Rep. Straus: Question to deposition of the resolution is there an objection?  Chair hears none so come to order. Chair recognizes Ms. Davis of Dallas.

Rep. Davis:   thank you so we suspend all necessary rules to take up resolution 118 it's a memorial resolution.

Rep. Straus:   Members you've heard the motion.  Is there an objection?  Chair hears none.  Harelips out the following resolution.  Clerk read the resolution.

Clerk:  HR118 by Davis of Dallas.  In memory of Sharon Renee Watson says over de-so toe.

Rep. Straus:  Chair recognizes Ms. Davis.

Rep. Davis: Move for resolution.

Rep. Straus:  Members this is a memorial resolution.  All in favor please rise. The resolution is unanimously adopted. Chair recognizes Mrs. Laubenberg.

Rep. Laubenberg:   Mr. Speaker, members I move to suspend all necessary rules to take up and consider house resolution 107 which is an honorary resolution for someone retiring.

Rep. Straus:  Members you've heard the motion, is there an objection chair hears none, come to order.  Following resolution.  Clerk read the resolution.

Clerk:   HR107 by Laubenberg honorary former commissioner Jerry hog land for 30 years of service.

Rep. Straus: Chair recognizes Ms. Laubenberg.

Rep. Laubenberg:    I move adoption.

Rep. Straus: Members you've heard the motion is there an objection chair hears none, come to order.  Chair recognizes Mr. Gallego.

Rep. Gallego:  Thank you.  Mr. Speaker, members yield when we passed SCR3 we didn't do so on a record vote and so I move that the house journal be corrected to show a record vote on SCR3 and that the record vote on this motion be considered the record vote for SCR3 so, that would be my motion.

Rep. Straus:  Members you've heard Mr. Gallego's motion.  This is a record vote.  The clerk will ring the bell. Bell bell.  Ms. Laubenberg's voting "I."  Show Mr. Solomons voting I show Mr. Martinez Fischer voting I, show Mrs. Farrar voting I, show Mr. Lucio voting I.  Show Mr. Callegari voting I show Mr. Smith voting I.  Have all members voted?  There being a hundred 41Is, zero nays HCR113 is adopted.  Chair recognizes Mr. Smithee. 

Rep. Smithee:  Mr. Speaker and members I move to suspend all necessary rules to take up and consider SCR No. 6 it's the intent of the speaker to adjourned to until next Tuesday and so we need a permission of each house to adjourn for more than three days.

Rep. Straus:  Members you've heard the motion.  This is a record vote.  Clerk ring the bell.

(bell ringing).

Rep. Straus:  Have all members voted?  There being a hundred 39Is and zero nays.  Resolution is adopted.  Please excuse representative Paxton because of important business in the district on the motion of representative Hancock.  Member