House Transcript, January 20, 2011

Speaker Straus:  House come to order. Members please register. (Roll call.)

Speaker Straus:  Show Ms. Alvarado and Mr. Solomons present. Have all members registered? Quorum is present.  House and Gallery, please rise for the invocation.  The Chair recognizes Representative Hancock to introduce the pastor of the  day.

Rep. Hancock:  Thank you, Mr. Speaker, and House.  It is my pleasure to introduce the Minister of Spiritual Development for Prestonwood Church in Plano, but more importantly than that, Jeff Young is a good friend of Robin and I.  They -- we met them, he and Carol, at Baylor University. We talked him into coming in last night. Brett is actually considering UT, and so we got to watch a good game last night. If you would, help me welcome Jeff Young as he leads us in prayer.

Pastor Young:  Thank you.  Thanks for serving our state.  Will you pray with me? Loving Heavenly Father, during the beginning of our day, we come to you in a spirit of humility and seeking mercy.  In agreement with your Word, we readily admit that our ways are not your ways and our thoughts are not your thoughts. Father, we're thankful that your Word is true.  You really are our rock, our shelter, our ever present help in time of need.  You really have provided a lamp for our path in your Word.  You really are faithful.  And for that, we say thanks. Almighty God, I ask that you would grant  wisdom to these men and women, your wisdom.  The issues that they are wrestling with today affect people that you intimately care about.  More than anything else, you tell us that you care about people, just like me and everyone who can hear my voice. Your Word promises that when we ask for wisdom, you will provide it.  So I'm asking for wisdom beyond what education or intellect, what common sense could ever provide.  I'm asking for your wisdom for these men and women. Sheltering God, I ask that you protect these leaders from others who are pessimistic or seeking personal gain.  Give them discernment.  Give these leaders creativity and a passionate drive to solve the issues they are presented with in ways where you are honored, where people are valued, and where the values of cooperation, integrity, and trust are soaring more and more. This is a big request, and thankfully, you're a big God, so big that you forgive people like me and give us a second chance simply by transferring faith in ourselves to faith in your son, Jesus, in whose name we pray.  Amen.

Rep. Madden:  Chair recognizes Representative Torres to lead the pledge of allegiance. Rep. Torres:  Good morning.  Join with me as we say the pledge to the United States of America and to the State of Texas.

(Pledge to America recited.)

(Pledge to the Texas flag recited.)

Rep. Madden:  Chair will hear excuses for absent members. Excuse Representative Pitts because of important business in his district on the motion of Representative Lewis. Excuse Representative Van Taylor and Representative Smithee as important business in the district on the motion of Representative Phillips. Excuse Representative Lucio and Representative Mallory Caraway, important business in the district, on the motion of Representative Raymond. Excuse Representative Hilderbran because of important business on the motion of Representative Hopson. Excuse Representative Strama because of important business on the motion of Representative Raymond. And excuse Representative Solomons because of important business on the motion of Representative Hopson. Is there an objection?  Chair hears none. So ordered. Excuse Representative Phillips because of important business in his district on the motion of Representative Darby. Is there an objection?  Chair hears none. So ordered.

Speaker Straus:  Chair recognizes Representative Workman to introduce the doctor of the day.

Rep. Workman:  Thank you, Mr. Speaker. Members, it's my pleasure to introduce to you today Dr. Daniel Freeland from Austin as our doctor of the day.  Dr. Freeland is owner of the Bee Caves Family Practice and is a partner and physician with the PRO MED Minor Emergency Clinics around Austin. In addition, Dr. Freeland is an adjunct professor in the Department of Physician Assistant Studies at the Texas College of Osteopathic Medicine, which is a part of the university at North Texas Health Science Center. Please join me in extending a warm welcome to Dr. Daniel Freeland.  Thank you.

Speaker Straus:  Madam Doorkeeper?

Doorkeeper:  I have a message from the  Senate door of the house.

Senate Messenger:  Mr. Speaker, I'm directed by the Senate to inform the House that the Senate has taken the following action, the Senate has passed the following measures:  SCR 7 Whitmire, granting the legislature ++(audio gap???, added this from internet) permission to adjourn for more than three days during the period beginning on Wednesday, January 19, 2011, and ending on Monday, January 24, 2011.

Speaker Straus:  Chair recognizes Mr. Chisum for an announcement.

Rep. Chisum:  Thank you, Mr. Speaker and members. We are going to form the rule caucus today -- I hope you're paying attention -- the rule caucus in the ag. museum.  And if you don't know where that is, ask the guy next to you.  He'll tell you where the ag. museum is. In the rule caucus this morning, we're going to have a meeting in order to elect our officers and get started with a rule caucus.  So all of the offices are open for election.  Laredo is the rule.  So if you've got any trees, fish ponds, anything around you, tractors, be there.  Ag. museum on adjournment.

Speaker Straus:  Chair announces the  signing of the following in the presence of the House.

Secretary:  SCR 3.

Speaker Straus:  Chair recognizes Mr. Lavender for a motion.

Rep. Lavender:  Mr. Speaker, I move to suspend all necessary rules to take up and consider House Resolution 144 in honor of the visiting members of the National Junior Honor Society at Morris Upchurch Middle School in Queen City, Texas, and their advisor, Philicia Upchurch; counselor, Kendra Bates; and their teacher, Laura Owens. Members, I move that for House Resolution 141.

Speaker Straus:  Members, you've heard the motion.  Is there an objection?  Chair hears none.  So ordered. Chair lays out HR 141, and the Clerk will read the resolution.

Clerk:  HR 141 by Lavender: WHEREAS, Members of the National Junior Honor Society at Morris Upchurch Middle School in Queen City are visiting the State Capitol on January 20, 2011; And WHEREAS, Founded in 1929, the National Junior Honor Society recognizes high-achieving, civic-minded students in the sixth to ninth grades;  members of the Upchurch Middle School chapter have met the Society's selection criteria by demonstrating excellence in the areas of citizenship, service, leadership, scholarship, and character; And WHEREAS, Those students from Upchurch Middle School who are in Austin today include Cody Ball, Will Boitnot, Shiloh Goecke, Madison Grider, Lauren Hozdic, Hannah Hughey, Noah Hutchinson, Shelby Kennedy, Jacob Lawrence, Hannah McQuistion, Ashley Nolen, Emily Owens, Shelby Weerts, and Dalton Wright; accompanying the group is counselor, Kendra Bates; teacher, Laura Owens; NJHS advisor, Philicia Upchurch, and her son, Joel;

And WHEREAS, the Texas Capitol is an ideal setting for students to discover the rich heritage of the Lone Star State and to gain insight into the workings of the state legislature, and it is a pleasure to recognize these members of the Morris Upchurch Middle School community; Now, therefore, be it RESOLVED that the Texas House of Representatives of the 82nd Texas Legislature hereby welcome the students from the National Junior Honor Society at Morris Upchurch Middle School and their sponsors and extend to them sincere best wishes for a memorable and educational visit; And be it further RESOLVED that an official copy of this resolution be prepared for the group as we have an expression of high regard by the Texas House of Representatives.
Speaker Straus:  The Chair recognizes Mr. Lavender.

Rep. Lavender:  Members, today I would like to take a minute to recognize a group of outstanding young students from District 1, who are here in the gallery today. Would you please stand up? Thank you.  Thank you very much.

Founded in 1929, the National Junior Honor Society recognizes high-achieving, civic-minded students in the sixth through ninth grades.  Members of the Upchurch Middle School chapter have met the Society's selection criteria by demonstrating excellence in the area of citizenship, service, leadership, scholarship, and character. We're proud to have them here at the Capitol today to discover the rich heritage of the Lone Star State and to gain insight into the workings of the state legislature. Thank you so much for coming today, members.  Thank you for having us. Thank you, Mr. Speaker.  I move adoption of House Resolution  141  in their honor.

Speaker Straus:  Members, you've heard the motion.  Is there an objection?  Chair hears none.  So ordered. Chair recognize Ms. Howard for a motion.

Rep. Howard:  Mr. Speaker, members, I move to suspend all necessary rules to take up and consider HJR 51, which commemorates the presentation of the Golden Eagle Award to the late Michael A. Allen of McAllen.

Speaker Straus:  Chair recognizes Ms. Howard.

Rep. Howard:  Mr. Speaker, members, this is for H -- I move to suspend all necessary rules to take up and consider HR 51.

Speaker Straus:  Members, you've heard the motion.  Is there an objection?  Chair hears none.  So ordered. Chair lays out HR 51.  The Clerk will read the resolution. 

Clerk:  HR 51 by Gonzalez of Hidalgo: Commemorating the presentation of the Golden Eagle Award to the late Michael A. Allen of McAllen.

Speaker Straus:  Chair recognizes Ms. Howard. 

Rep. Howard:  I move adoption.

Speaker Straus:  Members, you've heard the motion.  Is there an objection?  Chair hears none.  So ordered.

Rep. Madden:  Chair recognizes Ms. Davis of Dallas.

Rep. Davis:  Members, I'd like to suspend all necessary rules to take up past Resolution 148.

Madam Speaker:  Members, you've heard the motion.  Is there any objection?  Hearing none.  Motion passes.
Chair lays out HR 148.  The Clerk will read the resolution.              

Clerk:  HR 148 by Davis of Dallas: Honoring Willie Nelson for his career in music and his contributions to the Lone Star State. Madam Speaker:  Chair recognizes Ms. Davis.

Rep. Davis:  Move adoption.

Madam Speaker:  Members, you've heard the motion.  Is there any objection?  Hearing none. Resolution passes. Chair recognizes Mr. Taylor for a motion.

Rep. Taylor:  Thank you, Madam Speaker. Members, the Senate is asking that we pass a resolution that allows them to be gone for more than three days.  I move passage just in kindness to my friends in the Senate.

Madam Speaker:  Mr. Taylor moves to allow the state -- consideration for SCR No. 7, the state concurrent resolution.  Is there any objection?  Hearing none. So moved. The following resolution -- the Clerk will read the resolution.

Clerk:  SCR 7 by Whitmore: Granting the legislature permission to adjourn for more than three days during the period beginning on Wednesday, January 19th, 2011, and ending on Monday, January 24th, 2011.

Madam Speaker:  Chair recognizes Mr. Taylor.

Mr. Taylor:  Move passage.

Madam Speaker:  Members, you've heard the motion.  Is there any objection?  Hearing none. Resolution is adopted. Members, we're going to have to back up for just one moment.  There has to be a record vote on this resolution.  So, members, we need a record vote. Vote I in favor, and no, if you oppose. Clerk will ring the bell. Members, the vote is on the resolution to adjourn for longer than three days, for the Senate to adjourn longer than three days. Have all members voted?  Have all members voted? Being 134 I's, zero nays.  Okay.  All right.  The resolution passes. Show Mr. Solomons voting I.  His machine is malfunctioning. Members, if you're having problems voting this morning or registering, please check with the journal Clerk.

Speaker Straus:  Chair recognizes Representative Kolkhorst.

Rep. Kolkhorst:  Thank you, Mr. Speaker. Members, I want to bring note to two major events that -- one happened yesterday, and that was that Diane Patrick celebrated a birthday, and we meant to say something about that, so happy birthday, Diane. And also bring note to a very seniored and wise member on the Texas House floor, Jim Keffer's birthday is today.  Happy birthday, Representative Chairman Keffer.

Speaker Straus:  Members, I want to tell you a little bit about our work schedule for next week. It's the intention to come in at 1:30 on Monday to take up the resolution to suspend the constitutional order of business and the House rules. You'll be receiving a packet and a memo from Mr. Solomons later today on the rules.  And I know he'll also be available to visit with you between now and Monday afternoon, if you wish. Also, on Monday, we'll be welcoming the Wounded Warriors from San Antonio.  So there will be, I think, an event over in the Senate, and then we'll welcome them on the House floor as well.
The Speaker's desk is clear.  Are there any other announcements? Chair recognizes Mr. Chisum.

Rep. Chisum:  Members, if you have rule areas in your district, you need to come to this caucus down there.  It will only last 15 minutes.  We're going to elect officers.  So please show up.  Ag. museum on adjournment.

Speaker Straus:  There being no other announcements, Mr. Chisum moves that the House stand adjourned until 1:30 p.m. Monday, January 24th.