House Transcript, February 1, 2011

THE SPEAKER: The House will come to order. Members, please register.

Have all registered? Quorum is present. The House and gallery please rise for the invocation. The Chair recognizes Representative Cook to introduce our pastor of the day.

REP. COOK: Thank you, Mr. Speaker. Members, it's my privilege to introduce Pastor Ken Pruitt of First Baptist Church of Fairfield. He also has with him today his wife Terri and his two lovely daughters Nicole and Bethany. Pastor Ken is a good friend and we're honored to have him here offering our prayer today and we ask that you continue to pray for us throughout this session.

PASTOR KEN PRUITT: Thank you for the honor to join you this morning. May we pray our hearts and our spirits in prayer. Father God, I come to you on this day in the name of Jesus and I thank you for the opportunity to stand before this House of elected officials to seek your guidance and your direction and your blessing for every home, for every family, and for every individual in the state of Texas. God, I thank you for every member of this assembled house. And, Father, I just sincerely pray that each member will daily fill your providence and will fill your direction upon their office, upon their lives and upon their own families. God, we do thank you for our great state. And, Father, personally, I thank you for the many principles, values and the decisions that bring you honor from within this House of Representatives. Father, we do ask for your pardon over the thing this in our land that do not honor you. And we pray that in all things, the great state of Texas will constantly seek your face and know your will. As this meeting convenes, Father, please guide the men and women of this honorable assembly and may your presence indeed go before them. Father, I'm reminded of your words in Jeremiah 12 that tell us you are always righteous as we bring our cases before you. So, Father God, thank you for being our holy and righteous heavenly father upon whom we depend so desperately for our wisdom, our life, our health, our strength, our courage, our integrity and our peace. Father God, your holy scripture also asks: "When have we seen the righteous forsaken or begging for bread?" So, Father, we understand that all that is good comes from you, so we pray that you would keep us in harmony with your heart so that we may see your blessings fall upon every inch of this, our home that we love so dearly, the Lone Star state. And, Father, we pray all of this not for ourselves but for your glory and for your glory only. Thank you, again, for this assembled group that's seeking the best for this land. And, Father, I pray you would dwell with them richly on this day, be their guidance by their light, and we pray this in the matchless name of Jesus Christ, our lord. Amen.

THE SPEAKER: Chair recognizes Representative Nash to lead us in the Pledge of Allegiance.

REP. NASH: Mr. Speaker, members and guests, please join with me in the Pledge of Allegiance to the flag, Texas flag and the American flag.

(The pledges.)

THE SPEAKER: Chair will hear excuses for absent members. Excuse Representative Anchia because of inclement weather on the motion of Representative Strama. Excuse Representative Allen because of illness on the motion of Representative Strama. Excuse Representative Truitt because of illness on the motion of Representative Solomons. Is there objection? Chair hears none, it's ordered.

Chair recognizes Representative Gooden to introduce the doctor of the day.

REP. GOODEN: Thank you, Mr. Speaker. Members, it is my pleasure to introduce to you the doctor of the day, Mr. Paul Gatuso from Maybank. Mr. -- Dr. Gatuso is a solo practitioner at Lakeside Family and Sports Medicine in Gun Barrel City. He graduated from the University of Buffalo School of Medicine in New York and completed his family medicine residency here in Texas at the University of Texas Medical Branch in Beaumont, where he also completed a sports medicine fellowship. He's also a certified scuba instructor and lives in Maybank with his wife, Trenia and has three children, Christopher, Anthony and Paul James. Please help me welcome Dr. Gatuso to the Texas House.

(applause).

THE SPEAKER: Mr. Doorkeeper?

THE DOORKEEPER: Mr. Speaker, I have a Senate messenger at the front of the House.

THE SPEAKER: Admit the messenger.

THE MESSENGER: Mr. Speaker, I'm directed by the Senate to inform the House and the Senate (lost audio feed).

THE SPEAKER: Chair recognizes Representative Aycock for a motion.

REP. AYCOCK: Thank you, Mr. Speaker. I move to take up -- suspend all necessary rules to take up and consider HR204.

THE SPEAKER: Members, you've heard the motion. Is there any objection? Chair hears none. Chair lays out HR204. Clerk will read the bill in full.

CLERK: HR204 by Aycock. Whereas the year 2011 has been designated World Veterinary Year in recognition of the 250th anniversary of the creation of veterinary education and the veterinary medical profession, and whereas two and a half centuries ago, in 1761, the first school of veterinary medicine was established in Lyon, France; and today whereas veterinarians make substantial contributions to the improvement of animal, public and environmental health and play an important role in food safety, bio-security and conservation; and whereas Texas A and M University is home to the College of Veterinary Medicine and Biomedical Sciences, the only college of veterinary medicine in the state of Texas, and its faculty, staff, students and alumni are renowned for their expertise and positive impact they make in the areas of teaching, research and service; and whereas practitioners of veterinary medicine play a vital role in the lives of countless animals and their owners as well as the wider public and they may indeed reflect the pride on the myriad achievements realized by their profession. Now, therefore, be it resolved that the House of Representatives of the 82nd Texas legislature hereby honor the Texas A and M College of Veterinary Medicine and Biomedical Sciences, the Texas Veterinary Medical Association and the veterinarians through Texas on the occasion of World Veterinary Year and extend to all those associated with the profession sincere best wishes for continued success in their important work. And be it further resolved that an official copy of this resolution be prepared for the Texas A and M College of Veterinary Medicine and Biomedical Sciences as an expression of high regard by the Texas House of Representatives.

THE SPEAKER: Chair recognizes Representative Aycock.

REP. AYCOCK: Mr. Speaker, let me move passage first and then I'll talk about it for a minute.

REP. HAMILTON: Members, you've heard the motion. Is there any objection? Chair hears none. The issue is adopted. Chair recognizes Representative Aycock.

REP. AYCOCK: Thank you, Mr. Speaker. On the dais with us this morning, we have three, both the world, the national and the state veterinary president, Dr. Leon Russell, World Veterinary Association president, Larry Carnegie, AVMA president, Lori Taylor the TVMA president, Dr. John Martin the president-elect of TVMA and the Dean of the College of Veterinary Medicine, Dr. Eleanor Green. We also have four students, Jaime Rechy, Joseph Fluhar, Meredith Harold and Sarah Klein. Ladies and gentlemen, 250 years of veterinary medicine are being celebrated in the World Veterinary Medicine Year. We are one of the world's oldest professions beginning in France. And Dr. Anderson is here with me to celebrate these folks. I'll surrender to mike to Dr. Anderson if it's okay with the Chair.

THE SPEAKER: Chair recognizes Representative Anderson.

REP. ANDERSON: Thank you, Mr. Speaker. Members, it's a pleasure for us to have these distinguished folks with us that are active in organized veterinary medicine and of course, the students coming up. We like to see the youngsters involved in organized veterinary medicine, and we appreciate your recognition of these great folks. Thank you.

THE SPEAKER: Mr. Anderson asks that all names be added to the resolution. Is there any objection? Chair hears none, so adopted.

Chair recognizes Representative Schwertner.

REP. SCHWERTNER: Members, freshmen, the bipartisan freshman legislative study group will be meeting tomorrow in room E1.014. Speaker Pro Tem will be -- Craig Eiland will be speaking to, us so please come tomorrow morning 8:00. Also bring any bills you want to have discussed amongst the freshmen. So the bipartisan freshman legislative group tomorrow morning 8:00. Thank you.

THE SPEAKER: Chair recognizes Representative Otto.

REP. OTTO: Thank you, Mr. Speaker. Mr. Speaker, I move to suspend all necessary rules to take up and consider HR140.

THE SPEAKER: Members, you've heard the motion. Is there any objection? Chair hears none. Chair lays out HR140. Clerk will read the bill in full.

CLERK: HR140 by Otto. Whereas the volunteer staff and board members who make up the Texas court appointed special advocates organization are gathering in Austin on February 1st, 2011 for Casa Day at the Capitol; and whereas court appointed special advocates are individuals who speak up for children removed from their homes due to abuse or neglect. Sworn by judges, CASA volunteers make certain that these young people have a voice in the family court, social service and foster care systems, and the advocates remain focused on each child until he or she is placed in a safe permanent home and the case is closed. Often, the volunteers are a rare source of stability in the young people's lives they assist. And whereas the CASA movement began in Seattle in 1977 when a judge realized he needed to know more about the young victims of abuse and neglect who appeared in his courtroom. The contributions of the volunteers who responded to his request for assistance were so valuable that the program quickly spread to others states. The first CASA program in Texas began in 1979, and there are currently 69 local programs in the state that together, provide life-changing advocacy to more than half of the children in the foster care system. And whereas a diverse group that comes from a broad range of backgrounds, CASA volunteers in Texas research a child's situation, offering recommendations about the individual's best interest and work with the state to find the young person a forever family. In 2010, more than 6,600 volunteers gave help and hope to more than 2,000 children. And whereas countless residents of Texas benefit from the critical services provided by CASA volunteers, whose work ensures that the most valuable -- vulnerable group in our society is not forgotten. Now therefore, be it resolved that the House of Representatives of the 82nd Texas legislature hereby recognize February 1st, 2011 as CASA Day at the Capitol and commend all those associated with Texas CASA for their steadfast commitment and admirable achievements. And be it further resolved that an official copy of this resolution be made for the organization and as an expression of high regard by the Texas House of Representatives.

THE SPEAKER: Chair recognizes Representative Otto.

REP. OTTO: Move adoption.

THE SPEAKER: Members, you've heard the motion. Is there any objection? Chair hears none, motion passed. Chair recognizes Representative Otto.

REP. OTTO: Would all of the members of CASA that are in the gallery please stand so we may recognize you.

(applause).

Members, this is a group of people that volunteer thousands of hours every year to help children. They will be having a reception in E2002 this afternoon at 4:00. I encourage you to go by and visit with them. My wife and I got involved with the formation of the Liberty-Chambers County CASA several years back. My wife serves on the board. This is an organization that the state helps fund through grants, and it is probably one of the most beneficial things we can do for children in this state. Thank y'all for being here.

(applause).

THE SPEAKER: Representative Nash, for what purpose?

REP. NASH: Mr. Speaker, as a former CASA volunteer, I move to add all members' names.

THE SPEAKER: Members, you've heard the motion. Is there any objection? Chair hears none. So added.

Chair recognizes Representative Schwertner for a recognition.

REP. SCHWERTNER: Thank you, Mr. Speaker. On behalf of the Texas House of Representatives as well as Representative Dr. Shelton and Representative Dr. Zerwas and myself, we'd like to welcome the house of medicine, the Texas Medical Association, to the Doctors Day, the first Doctors Day of the session. So if you are a member of the TMA or a family member of the TMA, please stand up so you can be recognized. And welcome again.

(applause).

Thank you, Mr. Speaker.

THE SPEAKER: Chair recognizes Representative Hilderbran.

REP. HILDERBRAN: Mr. Speaker, members, I move to suspend all necessary rules to take up and consider House Resolution 35 -- actually HCR35, which is a resolution honoring the Texas Tech alum and commending them and the Texas Tech University.

THE SPEAKER: Members, you've heard the motion. Is there any objection? Chair hears none. Chair lays out HCR35. Clerk will read the bill in full.

CLERK: HCR35 by Hilderbran. Whereas distinguished representatives of the Texas Tech University system are gathering at the State Capitol on February 1st, 2011 to celebrate the system's vital role in the Lone Star State; and whereas the TTU system, governed by a nine-member board of regions and Chancellor Kent Hance, consist of Texas Tech University, Texas Tech Health Science Center and Angelo State University. The system currently enrolls more than 42,000 students, employees 15,000 faculty and staff members and counts over 250,000 alumni. And whereas looking to the future, this system has developed five priorities, including improving access to education and promoting learning, strengthening the academic excellence of the member institutions, expanding knowledge through research, serving its communities and effectively managing its resources. And whereas each component of the system provides a unique educational opportunities. Texas Tech University is a major comprehensive research university led by Dr. Guy Bailey. Enrolling more than 31,600 students in 12 colleges and schools, TTU offers more than 150 undergraduate programs, 100 masters programs and 60 doctoral programs. And it is among a select group of institutions to shelter a chapter of Phi Beta Kappa. And whereas Texas Tech University Health Science Center is composed of TTUHSC School of Medicine, the School of Allied Health Sciences, the Graduate School of Biomedical Sciences, the Anita Thigpen Perry School of Nursing, the School of Pharmacy and the new Paul L. Foster School of Medicine in El Paso, which seated its first class in July 2009. Overseen by Dr. Ted L. Mitchell, TTUHSC enrolls nearly 3,700 students and boasts more than 11,000 alumni. And whereas spotted in 1928, Angelo State University enrolls more than 6,800 students in 6 colleges and is directed by Dr. Joseph C Rallo. ASU was the first university in the state to offer a degree in computer science, and the Institute of Physics Department has been designated by "Physics Today" as one of the top undergraduate programs in the nation. And whereas the Texas Tech University system has provided countless students an outstanding education and a strong foundation for the future, and in so doing, it has contributed to the remarkable achievements to the state as a whole. Now, therefore, be it resolved that the 82nd legislature of the state of Texas hereby recognizes February 1st, 2011 as Texas Tech University system Day at the State Capitol and extend a warm welcome to all those in the TTU system who are visiting here today.

THE SPEAKER: Chair recognizes representative Hildebrand.

REP. HILDERBRAN: Mr. Speaker, members, I move adoption of the resolution and want to be recognized again for some introductions.

THE SPEAKER: You've heard -- members, you've heard the motion. Is there any objection? Chair hears none. Chair recognizes Representative Hildebrand.

REP. HILDERBRAN: Thank you, Mr. Speaker. We've got a grand group of the Texas Tech family joining us today that I want to introduce, but before I introduce the ladies and gentlemen on the dais, I'd like to introduce my colleagues that are Texas Tech alum and a part of the west Texas delegation. That great Red Raider, Jim Keffer, Tom Craddick, Allen Fletcher attended Texas Tech, as did Eddie Lucio, who played on the golf team before he lost his mind and left. And Bert Solomons and John Smithee, Charles Perry, and in law school, our Texas Tech law school, Ron Reynolds graduated Texas Tech Law School and our parliamentarian, Chris Grissel, Texas Tech law school graduate. And I want to thank my west Texas colleagues for joining us there. They've been great supporters of Texas Tech. Up on the dais, we have with us today, Chancellor Kent Hance, who's a former state senator from Lubbock and a U.S. Congressman from west Texas, also a railroad commissioner. We have President Guy Bailey, the president of Texas Tech University. Welcome, Dr. Bailey. We have president of ASU, Angelo State University, Joe Rallo. We have our former first lady of the Texas House of Representatives, Nell Delaney. We have former Texas Tech board of regent, Kerry Hobbs. We have president of Texas Tech Alumni Association, Steve Suter, and we have three of our current board of regent members, we have regent John Skovil, Nancy Neil and Jerry Turner. Please help me welcome them to our State Capitol.

(applause).

REP. KEFFER: Mr. Speaker, in sympathy for all our colleagues that were not able to go to Texas Tech, I move that all names be added.

THE SPEAKER: Representative Keffer adds that all names be added. Is there any objection? Chair hears none.

Chair recognizes Ms. Davis of Harris.

REP. DAVIS: Thank you, Mr. Speaker we are joined this morning by some medical students from some of the most prestige use medical school in the world that being Baylor college of medicine and the university of Texas health science center and Houston college of medicine both located in the prestige use Texas medical center in Houston Texas where we train and educate the finest doctors in the state so please join me Dr. Schwertner and Dr. Zerwas in welcoming these medical students to the Texas house of representatives.

(applause).

THE SPEAKER: Chair recognizes Representative.

REP. LEWIS: Lewis thank you Mr. Speaker, parliamentarian and members. I move to suspend all necessary rules to take up HR150.

THE SPEAKER: Members, you've heard the motion. Is there any objection? Chair hears none. Chair lays out HR150 clerk will read the bill in full.

CLERK: HR150 by Lewis. Whereas residents of Andrews County are gathering in Austin to celebrate Andrews County Day at the Capitol on February 1st, 2011 and whereas set in the wide open skies of west Texas, Andrews County is part of the high plains of the Permian Basin. The region may have been inhabited as early as 6,000 BC, and archaeological remains show the presence of Anasazi people of more than 1,000 years ago. More recently, the county was home to Apache and Comanche tribes until the mid 1870s. And whereas Andrews County was formed from Bexar County on August 21st, 1876 and named after Richard Andrews, the first man to die in the Texas war for independence in 1835. The town of Andrews was established in 1908 and became the county seat in 1910. And whereas in its earliest days, the county's economy was dominated by ranching. The vast Chicago ranch, founded by Midwestern meat packer, Nelson Morris, included 228,000 acres in Andrews County. By 1910, the County's population was 975 people and 54,000 head of cattle. And whereas attempts to farm the county were hindered by lack of water, but landowners ultimately had success with wind mill systems. By the mid-20th century, cotton and sorghum had become leading crops in the county. And whereas the discovery of oil and natural gas led to a boom in the 1940s thanks largely to the efforts of oil man JW Tripplehorn. With the increase economic activity, the county's population claimed 5,000 by 1950. Today, Andrews County continues to be one of the state's leaders in oil and gas production, and it's produced more than 2 billion barrels of oil since 1929. Ranching and agribusiness continue to thrive as well. The Andrews Independent School District has established a tradition of academic excellence, having repeatedly won top honors of the UIL academic competition. And whereas citizens and visitors alike enjoy the fine opportunities of recreation in the area, including the Andrews County Golf Course and the parks that are found in Andrews and elsewhere in the county. Local artists display their talents at the Andrews Art Guild show and the county boasts two annual bluegrass festivals. In addition, the Andrews County Library features the work of best selling Christian author, Max Lucado, graduate of Andrews High School, whose books have sold millions of copies. And whereas to live in an area of rich history and abundant natural resources, the people of Andrews County may take justifiable pride in the region they call home. And it is truly a pleasure to join in celebrating their shared heritages and accomplishments. Now, therefore, be it resolved that the House of Representatives of the 82nd Texas legislature hereby recognizes February 1st, 2011 as Andrews County Day at the State Capitol and extend to the visiting delegations sincere best wishes for an enjoyable visit in Austin.

THE SPEAKER: Chair recognizes Representative Lewis.

REP. LEWIS: Members, this resolution honors Andrews County Day at the state capital and I move passage.

THE SPEAKER: Members, you've heard the motion. Is there any objection? Chair hears none. Resolution is adopted.

Chair recognizes representative Lewis.

REP. LEWIS: Members, we have a wonderful delegation here from Andrews County. They've come a long way and I hope they can get home in the snow storm, but Andrews is a wonderful community. It's a community that gets things done. It's a great asset to west Texas and to the state of Texas. I'd like the delegation to stand. And, members, if you'd join me in honoring the delegation. Thank y'all for being here. Thank you very much, members, and thank you, Mr. Speaker.

THE SPEAKER: Chair recognizes Representative Brown for an introduction.

REP. BROWN: Thank you, Mr. Speaker and members. Behind me -- behind the dais is the Texas A and M Chancellor Student Advisory Board, and these are students -- student leaders from 11 institutions all over Texas and the Texas A and M Health Science Center. If we can have the students stand up, please. Oh, here they are. I'm sorry. They're right up here. Y'all, help me welcome them to the Texas house, please.

(applause).

THE SPEAKER: Thank you. Chair recognizes Representative Naishtat for a recognition.

REP. NAISHTAT: Members, I'm pleased to recognize students and teachers from the Lucy Reed pre-kindergarten demonstration school in District 49. Lucy Reed is the only pre-K school in the Austin Independent School District. More than 500 students, four- and five-year-olds, attend Lucy Reed. All the teachers are Texas Readiness certified, and the students have a full day pre-K program of vigorous learning. They are here today with Mrs. Darabay and Mrs. Martinez. Let's welcome these wonderful pre-K students to their capital.

(applause).

THE SPEAKER: Thank you. Chair recognizes Representative Martinez.

REP. A. MARTINEZ: Thank you, Mr. Speaker, members. Good morning, everybody. Today is a wonderful day, and we have some wonderful people we want to recognize. The Texas Association of Mexican American Chamber of Commerce, TAMACC. They are up in the gallery. Could you please stand to be recognized? We have with us our chairman Mr. Alex Jimenez, Chairman-elect, Ben Mendez and our Legislative Chair, Paul Sodana. Welcome to your House of Representatives.

(applause).

THE SPEAKER: Chair recognizes Representative Crownover.

REP. CROWNOVER: Mr. Speaker and members, I move to suspend all necessary rules to take up and consider HR183.

THE SPEAKER: Members, you've heard the motion. Is there any objection? Chair hears none. Chair lays out HR183. Clerk will read the bill in full.

CLERK: HR183 by Crownover. Welcoming members of the National Association of Insurance and Financial Advisers Texas to the State Capitol on the occasion of the organization's 86th anniversary.

THE SPEAKER: Chair recognizes Representative Crownover.

REP. CROWNOVER: I want to welcome our visitors in the gallery. They're representing the National Association of Insurance and Financial Advisers. NAFA was founded in 1925, and they are celebrating their 86th anniversary this year. They're composed of 3,000 members statewide. Their mission is to advocate for a positive legislative and regulatory environment, enhance business and professional skills and promote ethical conduct of its members. Members are visiting in the Capitol throughout the day, and they'll be in your office. Please, let's take a moment to have them stand and recognize them.

(applause).

Thank you, and I move adoption.

THE SPEAKER: Members, you've head the motion. Is there any objection? Chair hears none, the resolution is adopted.

Members, will you please take your seats? We're about to do a memorial resolution.

REP. KEFFER: Mr. Speaker, I'd like to suspend all necessary rules take up House Resolution 239 honoring our friend and colleague, Lynn Neighbors.

THE SPEAKER: Members, you've heard the motion. Is there any objection? Chair hears none. Chair lays out HR239. Clerk read the bill in full, please.

CLERK: HR239 by Keffer. Whereas former state Representative Joseph Lynn Nabers of Austin passed away on July 31st, 2010 and his loss is keenly felt by the numerous friends that he made through the years, as well as by the many people in Texas and beyond whose lives he forever enriched; and whereas Lynn Nabers earned a bachelor of science degree from Howard Payne University in Brownwood and a Juris Doctor degree from Baylor University. He was elected to the Texas House of Representatives soon after receiving his law degree, and voters subsequently returned him to office six times. Among major legislation committee, he carried the act that established the Tuition Equalization Grant Program and bills relating to the state bar, the Medical Practice Act and property taxes, as well as revisions to the Texas penal code. He chaired the House Health and Welfare Committee and the Criminal Jurisprudence Committee. And whereas after nearly a decade and a half in the state legislature, Mr. Nabers joined the Brown, McCarroll Law Firm as a partner. He later assisted his wife in the creation and management of Strategic Partnership, Incorporated, an Austin-based consulting and research firm, and was the firm's senior vice president and general counsel. And whereas Mr. Nabers' busy professional life also included the oversight of three enterprises in the Brownwood area. He operated a working cattle ranch in Brown County and a natural gas business, and he was a director of the National Citizens Bank for more than 30 years. And whereas named one of the ten best legislatures by Texas Monthly magazine during his time in office, Mr. Nabers also received awards from the Texas Army National Guard, the Texas Youth Commission and Texas Business Magazine. The State Bar of Texas honored him as a fellow and bestowed on him the Distinguished Fellow Award, and he served on the board of trustees at Howard Payne University for more than 20 years, and he was named a distinguished alumnus and recognized with an honorary doctorate from that institution. And whereas Mr. Nabers generously shared his talents with many Lone Star State organizations; he served as director of the Texas Centennial Commission in 1986, a membership in the Greater Austin Chamber or Commerce, participated in St. David's Health Care Scholarship Program and further distinguished himself as the corporate counsel of the Long Center for the Performing Arts. At the time of his passing, he was the Chair of Travis County Municipal District No. 6. And whereas in all of his endeavors, Mr. Nabers enjoyed the love and support of his wife, Mary Scott Nabers, and together, they were the proud parents of two sons, Scott and Tim. Mr. Nabers was devoted to his grandchildren, never lost his love of politics, took great pleasure in spending time with his friends in hunting, fishing and golf outings and believed strongly in good government. And whereas the Lone Star State benefited greatly from the initiative and outstanding contributions of Lynn Nabers and his achievements provide an outstanding example of the good a person can accomplish. Now, therefore, be it resolved that the House of Representatives of the 82nd Texas legislature hereby pays tribute to the life of the Honorable Joe Lynn Nabers and extends sincere sympathy to the members of his family, to his wife Mary Scott Nabers, to his children, Scott Nabers and Tim Nabers, to his daughter-in-law Karen, to his grandchildren Lauren Scott Nabers, Kailey Anne Nabers, Jack Harrison Nabers, Samuel Scott Nabers, Rachel Elizabeth Nabers and David Scott Nabers, to his cousins Robert Allen Lewis, Dr. Jim Littlefield and to Owen Jones and to his other relatives and many friends. And be it further resolved that an official copy of this resolution be prepared for his family and that when the Texas House of Representatives adjourns this day, it do so in memory of Lynn Nabers.

THE SPEAKER: Chair recognizes Representative Keffer.

REP. KEFFER: Thank you, Mr. Speaker. I move adoption.

THE SPEAKER: Members, this is a memorial resolution. All in favor, please rise. Resolution is unanimously adopted. Chair recognizes Representative Keffer.

REP. KEFFER: Thank you, Mr. Speaker. This is one of these tough situations that we do here on the floor every once in a while, but out of the respect and out of love for the family of Lynn Nabers, we wanted to bring the family to the floor and to give them the love and affection that we have from this House to them. And I'm surrounded by Lynn Nabers; Ms. Thompson, Mr. Craddick served -- and Speaker Barns served with Lynn Nabers. Mr. Dutton, Mr. Chisum, Mr. Turner, all great friends of Lynn Nabers when he was here at this House. And you heard the history that was written about him, what he was able to accomplish while he was a member here at the House -- in the House. He was -- died peacefully on July 31st with his family at his side after a seven-month losing battle, but a strong battle, courageous battle against cancer, and we are proud to have his wife, Mary Scott Nabers which is obviously no -- she's been around. Let's put it that way. She's no -- I'm trying to think of the word -- stranger -- stranger to Texas politics. She's president and CEO of a Strategic Partnerships, a governmental affairs company. Between 1984 and 1993, Mary served as a commissioner representing business at the Texas Employment Commission. In that position, she founded the Texas Business Council, and in 1993, Mary was pointed to the Railroad Commission by then-Governor Ann Richards. It is an honor to have the family here with us today. And I know Lynn, who never wanted anybody to know what day he was born or when he was born so he'd be young forever, but he is with us, I know. And I just appreciate your attention and respect to the family, and I hope you come up and say -- give them your love after we're through here. Thank you very much.

THE SPEAKER: Mr. Dutton moves that all names be added. Is there any objection? Chair hears none.

Excuse Representative Aliseda for important business in the district by Representative Larson. Excuse Representative Harper-Brown for important business in the district, by Representative Crownover. Is there any objection? Chair hears none.

Chair recognizes Representative Miller on a matter of personal privilege. Members, please give him your attention, please.

REP. MILLER: Thank you, Mr. Speaker. I'm going to try to say a few things. Hopefully, I won't ramble on, number one. Number two, you know, hopefully, I can keep my exposure here. I don't step up to this microphone too often, but I just, you know, have to say a few words so that, you know, I can let you know how I feel and how appreciative I am. As I think all of you know and many inside and outside the Capitol know, this past week has -- has been pretty rough. And I want to talk about advocating for something here in just a second, but I will tell you, as we just saw demonstrated by the resolution from representative Keffer and all the folks that honored former Representative Nabers all he's done, you know, we are like a huge family, and nobody could feel the love more in the last week than I was able to. I will tell you that I would not be standing here today if it wasn't for your thoughts and prayers. Last -- as most of you know, just a little over a week ago Thursday night or Friday morning, I was admitted to the Fredericksburg Hospital and then transferred down to New Braunfels. Through that process, I lost enough blood where I eventually wound up having to have a transfusion and my blood pressure went down to 58 over 43. Now, that's one of those scary events that you never really want to have happen in your life, and come Sunday night and Monday morning, I was about that close to having some traumatic, life-changing surgery. And so that's why I can say that if it wasn't for the power of prayer and your prayers and your love, I would not be standing here today. I'd still be in that hospital flat on my back. So I can -- I don't think I can ever express to you how much I appreciate, you know, your thoughts and prayers. And, you know, each one of us has in our desk a bible, and some take the opportunity, most do, to write a verse in it. And I thought I would wait this session until the end, but I found my verse early, and I found it because of you. And it's James 5:15. It says, "The prayers that are offered up in faith will make the sick person well." And so I thank you, certainly want to thank my family and my staff and all the folks, like I said, both inside the room here and outside the lobby for all of your prayers. I was diagnosed with Diverticulosis, which is different than Diverticulitis. I never had any infection or inflammation, but -- but lost a lot of blood. And so I am now an advocate, like Dr. Shelton and a lot of others for all you -- and most of us are around this magic age of 50, but that doesn't mean you can't start now -- of having a colonoscopy. I've had two colonoscopies and an endoscopy in the last week. And I've been told for the last six years, I was supposed to do that, so don't wait. Don't wait, because had I been diagnosed early, you know, I could have taken some preventative steps. So God bless you for your prayers, and I know through you, God is continuing to bless this great state. So thank y'all so much. God bless you.

(applause).

THE SPEAKER: Chair recognizes Representative Keffer.

REP. KEFFER: And Dr. Shelton is taking appointments starting at 11:00, so --

THE SPEAKER: Chair recognizes Representative Gonzales.

REP. GONZALES: Yes, I move to suspend all necessary rules to take up and consider House Resolution 231.

THE SPEAKER: Members, you've heard the motion. Is there any objection? Chair hear none. Chair lays out HR231. Clerk will read the bill in full -- the resolution in full.

CLERK: HR231 by Gonzales of Hidalgo. Whereas residents of McAllen are gathering at the State Capitol on February 1st, 2011 to celebrate their community's contributions to the vitality of the Lone Star State; and whereas the development of the present McAllen day in 1797 when Spanish settler Jose Manuel Gomez founded the Santa Anita Ranch in what is now southern Hidalgo County. The ranch grew in size and was eventually heard -- rented by Mr. Gomez's great granddaughter, Solome Balli, who married John McAllen. Together, they continued to add to the property and renamed it McAllen Ranch. And whereas in 1904, the St. Louis-Brownsville-Mexico Railroad arrived, and that year, Senor McAllen and earlier settlers established the McAllen Townside Company. Along with a community named for John McAllen, other developers founded East McAllen in 1907, and the two towns eventually merged and became home to several businesses, churches, residences and a newspaper. By 1920, the city was home to some 6,000 residents. And whereas over the last four decades, McAllen has grown into a center for business, commerce and government in the Rio Grande Valley and it is part of one of the fastest growing metropolitan statistical areas in the country. In 2009, Forbes magazine ranked McAllen as a top mid-size city in the nation for population and job growth. CNNmoney.com has listed McAllen as one of the best places in the country to live and to invest. And Moody's Analytics ranked the city number one in job growth for 2008 to 2013. Such designations continue a trend of recognition for McAllen dating back to at least 1996 when it was named an all American city. And whereas a vibrant cultural center, McAllen is home to the International Museum of Art and Science, which serves as a showcase for traveling exhibitions, loaned works from the Smithsonian Institution and an extensive collection of Latin American folk art. The city's newly created art district holds regular art walks drawing thousands of art enthusiasts monthly. McAllen is also a regional hub of banking, shopping, and conventions thanks to La Plaza Mall and the recently opened, 75-(unintelligible) convention center. Moreover, a 123,000-square-foot public library is scheduled for completion in the summer of 2011. And whereas visitors and residents alike enjoy such festive annual events, as a candle light fulsada, the 4th of July celebration and palm fest, and in 2010, the city celebrated its third annual new year's eve bash, a free community-wide event. And whereas during 2011, the citizens of McAllen are celebrating the city's 100th anniversary as a multiplicity, and they indeed take great pride in their city, which has displayed a significant role in the annals of Texas history. Now, therefore, be it resolved that the House of Representatives of the 82nd Texas legislature hereby recognize February 1st, 2011 as McAllen Day at the State Capitol and extend to all McAllen residents who are present on this day sincere best wishes for a memorable visit to Austin.

THE SPEAKER: Chair recognizes Representative Gonzales of Hidalgo.

REP. GONZALES: I move for adoption.

THE SPEAKER: Members, you've heard the motion. Is there any objection? Chair hears none. Chair recognizes Representative Gonzales.

REP. GONZALES: Members, south Texas sure loves the Capitol. If you recall, last week we had Brownsville here for Brownsville Day, and we had the University of Texas pan American. And today, we have McAllen Day. and we have some special guests joining us here today along with my colleagues. In fact, our reader today -- this was his first time to read a resolution -- he's from the south Texas area, Mission McAllen area, and so we want to welcome him also as a new reader and welcome some of our special guests. We have joining us today, our McAllen City Commissioner, Marcus Barrera from District No. 2, McAllen City Commissioner John Ingram from District No. 5, Steve Ahlenius, president and CEO of the McAllen Chamber of Commerce and Teclo Garcia, the Director of Government Affairs for the city of McAllen. Please help me in joining -- and -- join me in welcoming them to our Capitol.

(applause).

Members, I'd also like to invite each and every one of you and your staffs to come and join us this afternoon at 5:30 in the legislative conference center. We're going to have a reception for McAllen Day, and it will be a lot of fun, so please come out and join us, and would any of my colleagues like to say anything? No? Okay. Thank you, members.

THE SPEAKER: Chair recognizes Representative Hardcastle for an announcement.

REP. HARDCASTLE: Thank you, Mr. Speaker, members. Any of you that were going to be around for today's events in the Brownwood Days and the Texas Midwest Community Network Days reception that was scheduled for tonight at the Austin Club has been canceled. It snowed last night in Brownwood, Texas and everywhere north of there, and the bus company wouldn't even attempt to leave town and bring them down here, so you can mark that off your schedule and any staff can mark it off theirs.

THE SPEAKER: Representative McClendon for an announcement.

REP. JONES-MCCLENDON: Members, and the staff in the offices, I just want to invite you all to E2. That is a first-of-its-kind Texas Youth Commission art show down on -- in the extension. It features art work and trade crafts created by over 30 students from TYC secure facilities, halfway houses and the Contract Care Program. So I encourage you all to visit the exhibits and learn how art and creative expression contribute to the rehabilitation of the state's most chronic delinquent juvenile offenders committed to TYC. Thank you.

THE SPEAKER: Chair recognizes Representative Patrick.

REP. PATRICK: Mr. Speaker, I move to suspend all necessary rules to take up and consider House Resolution 241.

THE SPEAKER: Members, you've heard the motion. Is there any objection? Chair hears none. Chair lays out HR241. Clerk will read the bill in full.

CLERK: HR241 by Patrick. Whereas distinguished members of the Baylor University community are gathering at the State Capitol on February 1st, 2011 to celebrate the school's vital role in the Lone Star State; and whereas chartered 1845 by the Republic of Texas through the efforts of Baptist pioneers, Baylor University is the oldest continually operating university in the state. Originally located in Independence, it was later moved to Waco, where the campus currently encompasses 735 acres. Through the years, the school has adapted to meet the ever-changing needs of those it serves while continuing to fulfill its original mission and honor its heritage as a Texas -- as a Christian university. And whereas it's nationally ranked over the large institution offers 151 areas of study, pre-professional tracks and specialized academic opportunities catering to the student body of more than 14,000. Through its faculty's commitment to teaching scholarship and interdisciplinary research, Baylor has earned an international reputation for educational excellence, and the school's outstanding alumni range from heads of Fortune 500 companies to religious leaders to governors of Texas. And whereas Baylor University has provided generations of students with exceptional education and a strong principle foundation, and in so doing, it is contributing immeasurably to the future of the Lone Star State. Now, therefore, be it resolved that the House of Representatives of the 82nd Texas legislature hereby recognize February 1st, 2011 as Baylor Day at the State Capitol and extend a warm welcome to those from the university who are visiting here today.

THE SPEAKER: Chair recognizes Ms. Patrick.

REP. PATRICK: I move adoption.

THE SPEAKER: Members, you've heard the motion. Is there any objection? Chair hears none. Chair recognizes Representative Patrick.

REP. PATRICK: Today is Baylor Day. Sick 'em, Bears. All right. On this day in 1845, Baylor University received its charter from the Republic of Texas making it the oldest continually operating university in the state of Texas. Today, this nationally ranked liberal arts institution caters to a student body of more than 14,000 and strives to maintain its original mission to balance faith and learning. Baylor's unique approach to higher education places as much importance on a rigorous curriculum and renowned professors as it does on personal growth, discovery and life outside of the classroom. This, in turn, produces students that go above and beyond in the classroom and community and graduates that go above and in the world. We have, for example, in the House of Representatives and in the Senate 15 Baylor interns, 10 of whom are Bullet scholars and five of whom are T-lit scholars. And I'd like to call out my intern from the Bullet Program who is in my office and recognize Ms. Emily Hemphill. We're really glad to have her in our office. Today, I along with my other Baylor alumni colleagues standing with me, would like to welcome the Baylor University delegation to the Capitol. I now like to yield the microphone to Representative Anderson for some introductions.

THE SPEAKER: Chair recognizes Representative Anderson.

REP. ANDERSON: Thank you, Mr. Speaker. Members, it's a pleasure for me to introduce today the new president of Baylor University, President Ken Starr. On June 1st of 2010, Kenneth Winston Starr, JD became the 14th president of Baylor University. Judge Starr was elected unanimously by the Baylor board on February 12th, 2010. Judge Starr has had a distinguished career in academia, the law and public service. Prior to coming to Baylor, he served for six years as the Dean and professor of law at Pepperdine University, where he taught current constitutional issues, civil procedure. And he is also counsel -- was counsel to the law firm of Kirkland and Ellis, specializing in appellate work, antitrust, federal courts, federal jurisdictions and constitutional law. As Solicitor General of the United States, Judge Starr argued 36 cases before the US Supreme Court. He also served on the United States Circuit Court judge for the District of Columbia and as law clerk to Chief Justice Warren E. Burger and as law clerk to Fifth Circuit Judge David Dwyer. Judge Starr was appointed to serve as Independent Counsel for five investigations including Watergate. Judge Starr previously taught constitutional law at New York University School of Law and a distinguished visiting professor at George Mason University School of Law and Chapman Law School. He is an author of more than 25 publications, and his book "First Among Equals: The Supreme Court in the American Life" was published in 2002. Judge Starr received -- has received multiple honors and awards. He was born in Vernon, Texas and was raised in San Antonio. He and his wife, Alice, have three children and four grandchildren. I'd like to take this opportunity, members, if you'd join me to welcome Judge Starr to the House of Representatives and best of wishes to a long, successful career leading the Baylor family.

(applause).

And then accompanying the judge today is distinguished alumni, Harold Riley, class of '51, Rick Riley, class of '76, Gail Galloway, class of '52, and the lovely Tommy Lou Davis, the vice president of constituent engagement. Members, help welcome the Baylor family. Thank you.

(applause).

THE SPEAKER: Chair recognizes Representative Patrick.

REP. PATRICK: We also have a number of Baylor guests in the House gallery. Would you please stand so that we can welcome you to your Texas House? The Baylor in the gallery, Baylor friends.

(applause).

Members, if you have an opportunity, please visit the exhibit in the north central gallery. Again, join me in welcoming Baylor to the House of Representatives and to the Capitol. It's Baylor day. Sick 'em, Bears.

THE SPEAKER: Chair recognizes representative John Davis.

REP. DAVIS: Thank you, Mr. Speaker. It's truly an honor to be up here with my alumni here and our great university. I just want to recognize real quick our speaker, Joe Straus, and Chairman Branch this summer who stood behind our Baylor Bears. And there's some exciting times. They're in Big 12 Conference realignment. They stood behind us and I thank you guys so, so much. Sick 'em, Bears.

THE SPEAKER: Representative Sarah Davis from Houston wants to add all names to the resolution. Is there any objection? Chair hears none.

Chair recognizes Representative Kolkhorst.

REP. KOLKHORST: Members, I just want to add to Baylor Day that the original Baylor University was in Washington County in Independence, and we've done a lot to restore some of those buildings. The ruins are still there if you're ever out in that area. I know, Chairman Branch, the columns he came by, there's a real movement to restore that and to celebrate Baylor's beginning in Washington County, so congratulations. Sick 'em, Bears.

THE SPEAKER: Members, Speaker desk is cleared.

Chair recognizes Representative Callegari.

REP. CALLEGARI: Members, the Houston delegation would like to remind you of our meeting right at when we finish up here on E1014. Houston delegation meeting, E1014, immediately after the session. Thank you.

THE SPEAKER: Chair recognizes Representative Taylor.

REP. TAYLOR: Thank you, Mr. Speaker, members. I want to recognize an outstanding group of folks. We have 200 -- over 200 Independent agents who are here in Austin today visiting our Capitol from all over the great state of Texas. I'm joined here with my fellow Representatives Miller and Margo, also Independent agents as well. We want to welcome them. They're also having a luncheon, I believe, at 11:30, so all of you are invited to that. And they'll be coming by your offices a little later on today. Let's give a warm welcome to our Independent agent friends.

(applause).

THE SPEAKER: Chair recognizes Representative Martinez.

REP. A. MARTINEZ: Thank you, Mr. Speaker, members. Also as part of my district, I'd like to recognize a special friend of mine who's in the gallery also for the Texas Insurance Association, Mr. Monte Montago from Weslaco. Thank you very much and welcome to your Capitol, Monte.

THE SPEAKER: Any further announcements? If not, Mr. Hopson and Mr. Branch move that the House stand adjourned until 10:00 a.m. tomorrow in memory of Herbert Kidd of Muleshoe and honoring E.E. Myers, the architect of our Capitol and its ground breaking ceremony 129 years ago today. Is there any objection?