JOE STRAUS: House come to order. House, please register. Roll call. Have all registered? Present the House and gallery. Please rise for the invocation. And the Chair recognizes Representative McClendon to introduce the pastor of the day.
REPRESENTATIVE RUTH JONES MCCLENDON: Than k you, Mr. Speaker. I am very proud today to have my pastor as the pastor of the day. Following his graduation from St. Paul Hospital School of Nursing in 1955, Father Kevin worked as a registered nurse until 1982. He entered the seminary in 1982 and was ordained in 1991. Receiving his Master of Divinity Degree in Theology, Certificate in Spiritual Direction and Certificate in Youth Ministry from St. Paul Theological Seminary in Denver; he studied at Xavier University and the Institute of Black Studies. After spending time at the North American College in Rome, Father Kevin was named pastor in my parish, Holy Redeemer Catholic Church. Please help me welcome to the House of Representatives, Father Kevin Faus.
FATHER KEVIN FAUS: Today our State celebrates Independence Day. Let us unite our prayers to those of the many men, women and children from our communities throughout the state asking God, Our Father, who guides everything in wisdom and love, to accept the prayers we offer for our State and for the Texas House of Representatives. By the wisdom of our leaders and the integrity of our citizens may harmony and justice be secured and let there be lasting prosperity and peace. Let us bow our heads and pray and in a special way for the Lord's richest blessings on the membership of Texas House of Representatives. Lord, God, we ask your blessings upon us this day as we gather to do the work entrusted to us. We ask you to give us wisdom and understanding, charity, peace and unity that we might always seek the common good. Help us, Lord, put all of our gifts and talents and services that we might be worthy public servants seeking what is right and just as we strive to represent all of the citizens of the State of Texas. Lord, send down your blessings upon these, your servants, who so generously devote themselves to the service of our state, her citizens, and to help in serving others. May you reward them for the good that they do. Lord, bless all who are serving in the Texas House of Representatives and in all of our State offices. And may God bless the great State of Texas. We make this prayer in the name of the Lord. Amen.
JOE STRAUS: Chair recognizes Representative Legler to lead us in the Pledge of Allegiance.
REPRESENTATIVE KEN LEGLER: Join me in the Pledge of Allegiance to Flag that represents the greatest nation in the world and the greatest state in the nation. (Pledge to the Flags.)
JOE STRAUS: Excuse Representative Smith because of a death in the family, on the motion of Representative Davis. Excuse Representative Mallory Caraway because of important business in the district, on the motion of Representative Quintanilla. Excuse Representative Gallego for today and tomorrow because of important business, on the motion of Martinez. Is there any objection? Chair hears none. So ordered. Representative Legler moves to suspend the reading and referral of House Bills until the end of todays business. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Strama to introduce our doctor of the day.
REPRESENTATIVE MARK STRAMA: Thank you Mr. Speaker, members, I want to welcome back Dr. Larry Kravitz. The last time I welcomed him here, I failed to point out to you one of the coolest things on his resume, that he's the team physician for the Austin Toros and for the Texas Stars. And we're glad to have him back taking care of us today. He brought with him a third-year medical student at Bailor, Judy Lieu. And we want to welcome her, too, because she will be offering us any assistance we need as well. Please, join me in welcoming them back to the Texas Capitol. While I have the microphone, members, I also want to welcome some of my constituents who are in the gallery today from Harmony Charter School. They joined me this morning for a meeting, talking about educational issues, and I just want you to join me in welcoming some of the students and administrators at Harmony Charter School in the gallery. Thank you.
SPEAKER OF THE HOUSE: Chair recognizes Representative Truitt for announcement.
REPRESENTATIVE VICKI TRUITT: Thank you Mr. Chairman, members, I would like for us to recognize some very special people from my district who are in the gallery this morning. If the folks from Leadership Grapevine in the gallery would please rise? There you are. And I want to mention just a few people, they're too numerous to count, but I want to mention Redonna Hessle, the fearless leader of the Grapevine Chamber of Commerce. We have Karen Deacon with the Grapevine Colleyville ISD Board of Trustees. We have Jennifer Hibbs, City of Grapevine City Manager. Mike Fleece, City of Grapevine Counsel Member. Jorge Rodriguez, GCISD Board of Trustees. Dr. Robin Ryan, School Superintendent, GCISD. And Becky St. John, another Grapevine Colleyville ISD. And all the other folks from the chamber and leadership of Grapevine, welcome to your House. I'm very proud to have the opportunity to represent you here. Thank you. Also, members, I'd like to say later today -- I don't think they're here yet, and you heard that Representative Smith is out today at a funeral. I think the people from Leadership HEB will be here later today, as well the folks from South Lake are on their way down. So let's welcome them when they come. Finally, I want to remind you that today is day two of three on boots. Any -- And this is open to anyone in the Capitol; the public, members, staff. On the third floor, behind us, up here, outside the gallery, the fine Texas bootmaker, Lucchese, is here to take orders for boots. There's nothing more Texan than to have a fine pair of Texan made boots. So if you want a good deal, go back and see the Lucchese folks. Thank you very much. They'll only be here -- if you don't order today or tomorrow you missed your chance. Thank you.
SPEAKER OF THE HOUSE: Chair recognizes Representative Shelton.
REPRESENTATIVE MARK SHELTON: Thank you, Mr. Speaker. I move to suspend all necessary rules to take up House resolutions 272 and 343.
SPEAKER OF THE HOUSE: Chair recognizes Representative Geren.
REPRESENTATIVE CHARLIE GEREN: Thank you Mr. Speaker. I move to suspend all necessary rules to take up and consider House Resolutions 671 and 670.
SPEAKER OF THE HOUSE: Members, you've heard the motions. Are there any objections? Chair areas none. So ordered. Chair lays out the following four resolutions. The Clerk will read the resolutions in full.
CLERK: HR 272 by Shelton. WHEREAS, The Texas Christian University football team completed an outstanding 2010-2011 campaign, winning all 13 of its games, including its New Year's Day appearance in the Rose Bowl; and WHEREAS, Under the guidance of head coach Gary Patterson, the Horned Frogs were victorious in their eight Mountain West Conference games as well as their four nonconference contests; co-offensive coordinators Jarrett Anderson and Justin Fuente saw their charges amass 520 points during the regular season, while the defense, under the tutelage of coordinator Dick Bumpas, surrendered just 137 points; on average, the Horned Frogs outscored their opponents by an impressive 30 points per game; and WHEREAS, TCU capped its season with a 21-19 win over Big Ten Cochampion Wisconsin in the Rose Bowl, one of the five elite games that are part of the Bowl Championship Series; since the advent of the BCS, the Horned Frogs are the first team from a nonqualifying conference to play in the Rose Bowl and the first to play in BCS games in consecutive seasons; and WHEREAS, Five TCU players were named first-team All-Americans: Tank Carder, Wayne Daniels, Tejay Johnson, Jeremy Kerley, and Jake Kirkpatrick; Mr. Kirkpatrick was also named the winner of the Rimington Trophy, given annually to the best center in college football; and WHEREAS, In the final Associated Press Top 25 poll, the Horned Frogs were ranked number two in the nation, the team's highest position since 1938, when it won the national championship under coach Dutch Meyer and the quarterbacking of the legendary Davey O'Brien; the 2010-2011 TCU team was also voted number two in the USA Today Top 25 Coaches Poll, which is further proof that the school is in the midst of a new golden age of football; three consecutive senior classes have become the winningest in school History, while a dozen former Horned Frogs now play in the National Football League; and WHEREAS, With their regular season triumphs and their Outstanding performance before a crowd of more than 90,000 fans at the Rose Bowl, the 2010-2011 Horned Frogs added their names to the long list of those who have brought gridiron glory to the Lone Star State, and these young men will cherish their accomplishments throughout their lives; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby congratulate the Texas Christian University football team for an exceptional 2010-2011 season and extend to its members sincere best wishes for continued success; and, be it further RESOLVED, That an official copy of this resolution be prepared for the team as an expression of high regard by the Texas House of Representatives. HR363 by Shelton. WHEREAS, Delegates from the Texas Christian University Student Government Association are visiting the State Capitol on March 2, 2011; and WHEREAS, The voice of the student body, the TCU Student Government Association provides an effective channel through which students express concerns and offer suggestions to the university administration; and WHEREAS, The organization advocates on behalf of more than 9,000 individuals enrolled at TCU and works to ensure that their views are reflected in policies implemented by the university; and WHEREAS, Joining us in the chamber today are members of this distinguished group, as well as the chancellor of the university Dr. Victor Boschini; and WHEREAS, The Student Government Association plays a crucial role in supporting TCU students and in advancing the mission of this proud institution; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby welcome the Texas Christian University Student Government Association to the State Capitol and extend to all TCU Representatives sincere best wishes for a memorable visit to Austin; and, be it further RESOLVED, That an official copy of this resolution be prepared for the association as an expression of high regard by the Texas House of Representatives. HR670 by Geren. WHEREAS, During 2010, the Texas Christian University baseball team earned national recognition and had the most successful season in the program's history; and WHEREAS, The Horned Frogs finished the year as the No. 3-ranked team in the nation in all four major polls, and the athletes attained a number of other notable milestones; they became the first TCU team to qualify for the College World Series and the first to win 50 games, and the squad's impressive total of 54 victories was the second-highest ever compiled by a National Collegiate Athletic Association Division I school; and WHEREAS, Head coach Jim Schlossnagle was named Coach of the Year by the National Collegiate Baseball Writers Association, while Bryan Holaday was named an all-American and also received the prestigious Johnny Bench Award, given to college baseball's top catcher; the Horned Frogs hit .334 as a team and belted 101 home runs, and they set 16 team and 8 individual records; and WHEREAS, For the second year in a row, TCU's excellent regular season record earned the team the right to host the regional playoffs; they beat Lamar University 16-3 and then bested the University of Arizona by a score of 11-5; in the final game, Steven Maxwell pitched a 9-0 shutout against Baylor University, putting the Horned Frogs into the super regional; and WHEREAS, For that round of the playoffs, the Frogs traveled to Austin to play The University of Texas Longhorns; TCU won the first game 3-1 behind the pitching of Matt Purke but lost the second to set up a dramatic tiebreaker showdown; Kyle Winkler got the starting assignment and did not allow a run for over 7 innings while Aaron Schultz and Mr. Holaday hit home runs to key the 4-1 victory that earned the team a trip to Omaha, Nebraska, to play in the College World Series; and WHEREAS, In Omaha, TCU became the first school since 1994 to win its CWS debut, when it beat Florida State, 8-1; the Horned Frogs went all the way to the semifinals, making their inaugural series a memorable one; and WHEREAS, A total of 300 colleges begin every baseball season with a chance to get to the College World Series, but in the end only eight of them qualify; hard work and an enduring commitment to excellence earned the TCU baseball team one of those eight berths in 2010, and these skilled athletes may take justifiable pride in this accomplishment; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby congratulate the Texas Christian University baseball team on its outstanding 2010 season and extend to the players, coaches, and staff sincere best wishes for continued success; and, be it further RESOLVED, That an official copy of this resolution be prepared for the team as an expression of high regard by the Texas House of Representatives. HR671 by Geren. WHEREAS, The Texas Christian University rifle team won the 2010 National Collegiate Athletic Association national title with a victory in the championship competition held March 12 and 13 in Fort Worth; and WHEREAS, Competing against the best schools in the country including perennial favorites West Virginia University and the University of Alaska Fairbanks, the Horned Frogs emerged triumphant after a particularly impressive showing on the second day of the event; furthermore, TCU became the first-ever all-female squad to take the national title in the coed sport of shooting; and WHEREAS, Sarah Scherer won the individual smallbore title while Erin Lorenzen finished third in the individual air rifle competition and was named Most Outstanding Athlete in the championships by the Collegiate Rifle Coaches Association; all five TCU shooters, including Simone Riford, Sarah Beard, and Caitlin Morrissey, earned all-American honors in 2010, and Ms. Lorenzen and Ms. Riford were so named in all four of their collegiate seasons; And WHEREAS, The Horned Frog competitors received an additional honor in September 2010 when the team members and head coach Karen Monez were invited to the White House for a gathering of NCAA champions, where President Barack Obama singled them out for their shooting skill; and WHEREAS, Through hard work and an enduring commitment to excellence, the Texas Christian University rifle team has finished in the top five in the national tournament in each of the past four seasons, attaining the pinnacle of success with the 2010 NCAA Title, and these exceptional athletes and their coach may take justifiable pride in their achievements; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby congratulate the Texas Christian University rifle team on winning the 2010 NCAA national championship and commend its members for their fine work during a superlative season; and, be it further RESOLVED, That an official copy of this resolution be prepared for the team as an expression of high regard by the Texas House of Representatives.
SPEAKER OF THE HOUSE: Chair recognizes Representative Shelton.
REPRESENTATIVE MARK SHELTON: Thank you Mr. Speaker, I'd like to welcome everyone to TCU Day at the Capitol. We have a bunch of TCU students here in the balcony. I think they're up there. TCU is in my district and it's a very important part of the district, having exceptionally good undergraduate education and multiple graduate programs. And it's been chartered by Texas since 1873. We have some TCU alumni in our House, including Mr. Geren, who is one of the regents for the university. Up on the stage, we have representatives of the student government; President Jacky Wheeler. And we're also very proud today to have Chancellor Victor Boschini. Thank you, Mr. Speaker.
SPEAKER OF THE HOUSE: Chair recognizes Representative Geren.
REPRESENTATIVE CHARLIE GEREN: Thank you Mr. Speaker and members. I'm really proud to have these TCU kids here today. I've got three football players that represented us in the Rose Bowl and brought home the trophy. I've got Collin Jones, Bart Johnson and Johnny Fobbs. We had a very, very impressive baseball season last year. Here's my College World Series ring. Baseball players are not here today because they are home, playing baseball. And then I'd also like to recognize Sarah Beard. Sarah was also on the -- the only, the only all female rifle team in the United States. They won the NCAA Championship and they beat West Point in the finals. Join me in welcoming these people. Thank you, Mr. Speaker.
SPEAKER OF THE HOUSE: Members, Mr. Shelton and Mr. Geren have moved for adoption of all their amendments. Is there any objection? Chair hears none. So ordered. Representative Kolkhorst, Representative Veasey move to add all names to all resolutions. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Kolkhorst.
REPRESENTATIVE LOIS KOLKHORST: I just have to say "Go Frogs". Look, we're converting the whole world into Horn Frogs. Everybody is wearing purple. I want to give out a shout out to my staff, who showed up in all purple today for TCU Day at the State Capitol. We see that Texas Tech Red Raiders are now wearing purple. We're so glad that you could join the champion TCU Horn Frogs. Go Frogs. Love that university. Keep doing great things.
SPEAKER OF THE HOUSE: Chair recognizes Representative Veasey.
REPRESENTATIVE MARC VEASEY: Horn Frogs, I want to welcome you to the Capitol. And, as a long time Fort Worth resident, I represent East Fort Worth. I just want you to know how everyone in Fort Worth was so proud of you. Those of us who have been following the Horn Frogs over the years, whether it was Kenneth Davis, the Temple Tornado, LaDanian Tomlinson. But this team this year, and the way y'all have performed with baseball and everything else in the news, of TCU going to the Big East; you have made everybody in Fort Worth and Torrance County proud. So, go TCU.
SPEAKER OF THE HOUSE: Chair recognizes Representative Sheffield.
REPRESENTATIVE RALPH SHEFFIELD: Members, I would like to recognize a group that's here also wearing purple, but not for TCU; the great University of Bailor in my district, Bell County, in the south gallery. Would you stand, please? They're also here with a group of Bailor as well as Southwestern. They will be stopping by your office today to talk about the Tuition Lessen Grant. Please, welcome to your House.
SPEAKER OF THE HOUSE: Chair recognizes Representative King.
REPRESENTATIVE TRACY O. KING: Good morning, members. A few more colleges here. We have Dr. Dennis Litem from the Director of External Affairs, Vice president of External Affairs for Dallas Baptist University, here with a contingent of Texas Equalization Grant students from Dallas Baptist University, Austin College in Sherman and Paul Quinn College in Dallas, Southern Methodist University, Southwestern Assemblies of God and the Baptist University of Dallas, St. Edward's of Bailor and -- I think it's Houston Baptist and Bailor University. All Texas Equalization Grant students. It's a very important program for our private universities. Would you all stand up, wherever you're at? Welcome to the Capitol.
SPEAKER OF THE HOUSE: Chair recognizes Representative Anderson. CHARLES "DOC" ANDERSON: Thank you, Mr. Speaker. I'd like to extend an exceptional welcome to those folks from Bailor University. And I appreciate you coming down I-35 and coming to your National Capitol today on Independence Day. Thank you.
SPEAKER OF THE HOUSE: Chair recognizes Representative Berman.
REPRESENTATIVE LON BURNAM: Members, when Dr. Jessie Jones -- many of you remember Dr. Jessie Jones when he was a member of this organization, House of Representatives; we worked closely together because we were both on the board of Texas College working for TEGs for Texas College and for all the schools represented up there in the balcony gallery. So I want to thank y'all for being here today. Thank you.
SPEAKER OF THE HOUSE: Chair recognizes Representative Branch.
REPRESENTATIVE DAN BRANCH: Thank you Mr. Speaker, members. I think we have at least six Ponies from SMU today joining us in the gallery. Where are our SMU Mustangs? Go Stangs. Thank you for coming. These students, members, represent over 1,500 SMU Mustangs with TEG Awards for the 2010/2011 academic year. Representative Burnam wants everyone to know that he's a Mustang. We're not sure we claim you, Leo, but we're glad about it. And Representative Anchilla is a Mustang as well. So we have Representative Burnam and Representative Anchia. And Cheek, and Representative Cheek is also an SMU Hilltop student. We have Laura Viaz, Daniella Baldaris, Brian Quarrels, Jake Torrez, Rick Ryanswick, Aaron Hoya and Bethany MaCaffee; welcome to the Texas House. Thank y'all for coming. And Charlie Geren is a Mustang. Kind of drifted over there to the west, to the Frog country; but he's still a Mustang.
SPEAKER OF THE HOUSE: Chair recognizes Representative Smith.
REPRESENTATIVE WAYNE SMITH: Thank you Mr. Speaker, members; with me is Representative Davis of Harris. John Davis, because there's two Davises of Harris now. But we would like to have you welcome the La Porte Bayshore Leadership Team, Chamber of Commerce Leadership Team lead by Coleen Hicks. Coleen, would you stand up? Everyone give her an applause. We got -- This is Texas Independence Day and the Battle of San Jacinto was fought inside the city limits of the City of La Porte. So it's a special day for us and a special day of La Porte Bayshore Chamber of Commerce. So everyone welcome them to the Capitol.
SPEAKER OF THE HOUSE: Chair recognizes Representative Driver.
REPRESENTATIVE JOE DRIVER: Thank you Mr. Speaker, members; I'd like to recognize a group from Roulette, Texas and their leadership. David Waddington is up here. Would y'all stand up? They're right up here. They're learning about the Capitol. We appreciate y'all being here. Thank you.
SPEAKER OF THE HOUSE: Chair recognizes Representative Parker.
REPRESENTATIVE TAN PARKER: Thank you, speaker, members; I want to recognize the group from the University of Dallas. They're also championing the cause for the Linguistic Grant. I appreciate the great kids from the University of Dallas in Irving. Thanks for being here.
SPEAKER OF THE HOUSE: Chair recognizes Representative Gonzalez.
REPRESENTATIVE LARRY GONZALES: Thank you Mr. Speaker and members, I'm joined here today with Representative Schwartner who, as part of Williamson County we'd like to recognize the students from Southwestern University from Georgetown, who are here to visit with you today about the Texas Equalization Grant Program. A couple things about Southwestern, they offer 40 Degree programs for the home of the National Hispanic Institutes Center for Hispanic Studies, and in January 2010 Southwestern signed an agreement with the city of Georgetown to get all of its electricity for the next 18 years exclusively from wind power. Members, help me join -- help me welcome the students of Southwestern University to the Texas Capitol.
SPEAKER OF THE HOUSE: Chair recognizes Representative Pitts.
REPRESENTATIVE JIM PITTS: Mr. Speaker, members; Representative Elkins and I would like to welcome a group to their Capitol from Waxahachie, the Assembly of God -- the Southwestern Assembly of God College. Would y'all stand up so we can recognize you?
SPEAKER OF THE HOUSE: Chair recognizes Representative Crownover.
REP. CROWNOVER: Mr. Speaker and members, first of all, I will accept Dan Branch's apology for leaving me out as an loyal alum of SMU. And second, I would like to welcome a wonderful group of student government from the University of North Texas; the proud, Mean Green Eagles. And this is a student government that promotes -- and the interest and opinions of the student body, develops programs and projects that benefit the larger student and body and serves as official voice of the student body. So we are proud to have members of UNT student government here. Would you stand, please? Thank you. I'm sorry, here they are. Right up here. And I forgot to wear my green today, sorry. Thanks.
SPEAKER OF THE HOUSE: Chair recognizes Representative King of Taylor.
REPRESENTATIVE SUSAN KING: Mr. Speaker and members, I move to suspend all necessary rules to take and up and consider House Resolution 661.
SPEAKER OF THE HOUSE: Members, you have heard the motion. Is there any objection? Chair hears none. Rules are suspended. Chair lays out House Resolution 661.
CLERK: HR661 by King of Taylor. WHEREAS, The Hardin-Simmons University women's soccer team won the 2010 National Collegiate Athletic Association Division III Championship, and it is a pleasure to recognize the team for this significant achievement; and WHEREAS, The Cowgirls captured the university's first Division III national championship with a record of 24-0-1 outscoring their opponents 113-6 over the course of the season; and WHEREAS, These young athletes have demonstrated great talent and perseverance throughout the year; with pride and determination they have carried on the outstanding tradition of this exemplary program, which has won eight consecutive conference titles and boasts a 132-game unbeaten streak in conference play; and WHEREAS, Under the superior leadership and expertise of coach Marcus Wood, who was named Division III Women's Soccer Coach of the Year, the Cowgirls have developed exceptional teamwork and discipline; and WHEREAS, Team members have exemplified the finest qualities of a student-athlete throughout the year; four Cowgirls were named Scholar All-Americans, and the team's cumulative grade point average was better than 3.50; and WHEREAS, The students, faculty, staff, and alumni of Hardin-Simmons University are proud of the Cowgirls for their hard work, sportsmanship, and impressive skills; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas legislature hereby commend the Hardin-Simmons University Cowgirls soccer team on its exceptional season and congratulate the team's members and coaches on winning the National Collegiate Athletic Association Division III national championship title; and, be it further RESOLVED, That an official copy of this resolution be prepared for the team as an expression of high regard by the Texas House of Representatives.
SPEAKER OF THE HOUSE: Chair recognizes Representative King.
REPRESENTATIVE SUSAN KING: Mr. Speaker, I move adoption.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Are there any objections? Chair hears none. So ordered. Chair recognizes Representative King.
REP. KING: Okay, I want you to know that these six exquisitely beautiful and athletic women behind me were chosen in some secret way to be on the dias. I want you to also notice that their coaches are not there. And why? Because their coaches, which I'm going to recognize in a minute here in the gallery, chose to honor the student athletes, as opposed to themselves. We were told only six people could be up there and Coach Wood decided that these women would be picked. I think it's an indication of absolute dedication as an educator and a coach to put the students first. And with all of the students that we've seen today from all over the state, I commend Coach Wood, who have I have met; and Assistant Coach Brent Camp for putting all of those students first, which are the future of not only our higher education but also athletics. I want to introduce to you the people on the dias. Amy Kuykendahl. Amy, raise your hand. Her name is now Amy Waters, she has recently married, but she was not married at the time she was on the championship team. Amy is from Weatherford. And we have a disproportionate disposition from Weatherford today. My cousin, Phil King. Carlyne Powers is from Frisco, that small town in the Metroplex area. Sarah Stancill is from McAllen, Representative Gonzales' stomping grounds. Becka Roth, also from Weatherford. Megan Ryan from Kingsville, where the freshman -- Dan Lozano, I asked him to come up here but he's busy talking. Where is he? And he's a freshman and he even has a member of the national team. And, finally, Katy Kuykendahl, also from Weatherford. Join me in recognizing these great student athletes, who are not only beautiful, smart, athletic but National Championship Hardin Simmons University out of Abilene, Texas. And thank you for reminding me, the rest of the team, please, where are you? This is rest of the team and the coaches and the parents and the fans. Thank you for coming to your Texas Capitol. And we're the real purple Hardin Simmons. Thank you very much.
SPEAKER OF THE HOUSE: Chair recognizes Representative Gonzalez.
REP. VERONICA GONZALES: Good morning Mr. Speaker, members; I'd also like to recognize one of the soccer players from my district, Melissa Rosales. Melissa, are you up in the gallery? Wave to us. Welcome to the Capitol.
SPEAKER OF THE HOUSE: Chair recognizes Representative Castro.
REP. JOAQUIN CASTRO: Thank you, Mr. Speaker and members, I wanted to offer a recognition this morning on behalf of State Representative Pete Gallego who couldn't be with us today for important business, but there are some very special folks from his House District who are visiting with us, and I want to take a second. If you'll help me welcome them, the first is from Brewster County, which is the largest county in Texas. And I just want to recognize these folks and ask them to stand as we introduce all of them. Beltros Martinez, the Brewster County Clerk; Conrad Adeola, Brewster County Ground Water Conservationist; General Manager, Mike Davidson from the city of Alpine. He's a counsel member for the Ward Two. Jim Fitz-Fitzgerald, City of Alpine Counsel Member, Ward Three. Ron Sanders, Brewster County Tourism Counsel. Travis Roberts who is the Chairman of Brewster County Historical Commission. And also from Jeff Davis County, which is the highest elevated county in Texas. We have George Grubb who is the County Judge, Rick McIvor who is the Sheriff, and Bart Medley who is the County Attorney. Please help me welcome these folks to our Capitol. Thank you, very much for coming and joining us.
SPEAKER OF THE HOUSE: Chair recognizes.
REP. JIM PITTS: Mr. Speaker, members, I move to suspend all necessary rules to take up and consider HR642, which is honoring Dinah and Rylan Weable on their 50th wedding anniversary, and House Resolution 662 honoring Mary Alice Warrington on her retirement, and HR667 honoring Leadership Waxahachie.
SPEAKER OF THE HOUSE: Members, you have heard the motion. Are there any objections? Chair hears none. So ordered. Chair lays out the following three resolutions. The Clerk will read the resolutions.
CLERK: HR642 by Pitts. WHEREAS, High school sweethearts, Raylan and Dinah Weable of Waxahachie celebrated the joyous occasion of their 50th wedding Anniversary on December 18, 2010; and. WHEREAS, The couple first met as seventh-grade students in Camden, Arkansas, and they began dating during their years at Camden High; Mr. and Mrs. Weable were joined in marriage on that Special day in 1960 at the local First Methodist Church, and through The decades, they have been blessed with a treasured family that Includes three children and their spouses, Rhonda Simorka and her Husband, Dave, Laura Pilcher and her husband, Jeff, and Kevin Weable and his wife, Cheyenne, as well as seven grandchildren and a Great-granddaughter; and. WHEREAS, Raylan Lee Weable, the son of Mr. and Mrs. Max Weable, attended Southern State College in Magnolia, Arkansas; he Went on to have a notable career with Western Extrusions before Retiring from the company as its national sales manager; the former Dinah Jon Upton, daughter of J. C. and Charlotte Upton, studied at Louisiana Tech University in Ruston, Louisiana; she worked at the Waxahachie Chamber of Commerce before joining the staff of State Representative Jim Pitts in 1992; and WHEREAS, In addition to meeting their professional and family responsibilities, Mr. and Mrs. Weable have been active in the First United Methodist Church of Waxahachie, where Mrs. Weable has served the congregation as a teacher of the Fidelis class; Mr. Weable is a member of the Waxahachie Country Club as well, and he currently serves as vice president of that organization's board; and. WHEREAS, The Weables have also dedicated their time to a Cause of special significance in their lives, the Dinah Weable Breast Cancer Survivors Event; held each October during National Breast Cancer Awareness Month, the luncheon pays tribute to survivors while raising money to fund mammograms for underinsured and uninsured women in Ellis County; in the past several years, the event has helped provide more than 100 screenings annually; and. WHEREAS, While much has changed in the world over the past Half-century, this devoted husband and wife have remained constant In their commitment to one another, and the strength of their love has enabled them to meet life's challenges and opportunities with Grace and optimism; now, therefore, be it. RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby congratulate Raylan and Dinah Weable on their golden wedding anniversary and extend to them sincere best wishes for all the good fortune they so richly deserve; And, be it further. RESOLVED, That an official copy of this resolution be prepared for Mr. and Mrs. Weable as an expression of high regard by the Texas House of Representatives. HR662 by Pitts. WHEREAS, Mary Alice Warrington of Waxahachie retired from Southwest Securities, FSB, on February 28, 2011, drawing to a close An outstanding tenure in banking that has spanned more than five Decades; and. WHEREAS, Ms. Warrington began her career with Mercantile Bank In Dallas in 1960, and she went on to work at Arlington National Bank while studying at The University of Texas at Arlington; in the Following years, she held positions with First National Bank of Lancaster, with First Consolidated Bank in Lancaster, which she Served as president, and with Equitable Bank in Dallas; and. WHEREAS, In February 2000, Ms. Warrington joined Southwest Securities as a senior vice president; in charge of establishing And overseeing a Small Business Administration department, she helped the department to become profitable within its first year and her successful efforts earned the bank Preferred Lender Program Status; and. WHEREAS, Ms. Warrington was named president of the new Southwest Securities branch in Waxahachie in 2007; as a member of The design committee for the facility, she had oversight of its Construction and participated in the interior design; the Waxahachie Banking Center became one of the highest grossing Branches soon after it opened in 2008; recognized for her Exceptional leadership, Ms. Warrington was also tasked with opening A branch in Austin; and. WHEREAS, Active in her community, she has shared her time With a number of worthwhile groups, including the boards of the Waxahachie Chamber of Commerce and the Ennis Chamber of Commerce; And. WHEREAS, In all of her endeavors, Ms. Warrington has enjoyed The support of her husband, Ivan, and her four children, and Retirement will afford her th welcome opportunity to spend more Time with her 13 beloved grandchildren; and WHEREAS, Mary Alice Warrington has served her industry with dedication, professionalism, and a commitment to excellence, and it Is a pleasure to honor her as she embarks on the next exciting chapter of her life; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby Congratulate Mary Alice Warrington on her Retirement from Southwest Securities, FSB, and extend to her Sincere best wishes for continued happiness; and, be it further RESOLVED, That an official copy of this resolution be Prepared for Ms. Warrington as an expression of high regard by the Texas House of Representatives. HR667 by Pitts. WHEREAS, The Texas House of Representatives is pleased to Welcome the members of Leadership Waxahachie to the State Capitol On March 2, 2011; and WHEREAS, Leadership Waxahachie, a program initiated by the City's chamber of commerce in 1991, enables participants to learn More about the industry, history, and culture of Waxahachie, as Well as their roles as city leaders; and WHEREAS, The group is afforded the opportunity to work with Numerous representatives of city, school district, and civic Organizations, assisting them in reaching goals and setting target for improvement; and WHEREAS, The 2010-2011 members of Leadership Waxahachie Include Kevin Chester, Chelsi Garcia, Cindy Hess, Amy Hollywood Matthew Legg, Leslie Majors, Pat Moriarty, Cyndi Norman, Mackie Owens, Glen Rowe, Richard Rozier, Lindy Tober, Dana Walker, and Lance Whitlock; the advisors of this year's class are Jay Fox Fercina Fudge, Teresa McNiel, and Lynn Pike; and WHEREAS, The Leadership Waxahachie Program encourages and Empowers citizens to strive for success and to be actively involved In their community, and all those participating in and sponsoring This noteworthy endeavor are most deserving of special legislative Praise; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby commend the participants in Leadership Waxahachie for their significant contributions to their community And to this state and extend to them best wishes for a memorable and Enjoyable visit to Austin; and, be it further RESOLVED, That an official copy of this resolution be Prepared for the group as an expression of high regard by the Texas House of Representatives.
SPEAKER OF THE HOUSE: Chair recognizes Representative Pitts.
REP. JIM PITTS: Mr. Speaker, members, I want to introduce to you today, since really some special people in my life, Ray and Dinah Weable. If y'all would stand. Ray and Dinah are celebrating their 50th wedding anniversary and Dinah is my district manager. And she's been with me through thick and thin, and I appreciate them coming today. And we also have Mary Alice Warrington who has been a banker for over 50 years. And, Mary Alice, thank you for being here today. And I also have a group of my neighbors who are here from Waxahachie -- Leadership Waxahachie. And many years ago, when I was President of Chamber, I started Leadership Waxahachie. So, this group means a lot to me and I want y'all to welcome a group from Waxahachie. If y'all would stand up. Welcome to your Capitol. Mr. Speaker, members, I move adoption on all three resolutions.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Are there any objections? Chair hears none. So ordered. Chair recognizes Representative Keffer.
REP. JAMES L. KEFFER: Thank you, Mr. Speaker. Members, some of y'all think you know about basketball Driver VC, some of you guys think you know. You're getting ready to hear a great basketball story. Mr. Speaker, I'd love to move all necessary rules and take up HR598.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Are there any objections? Chair hears none. So ordered. Chair lays out House Resolution 598. Clerk will read the resolution.
CLERK: HR598 by Keffer. WHEREAS, Coach Leta Andrews of Granbury High School furthered Her reputation as a legendary figure in American athletics when she recorded her 1,334th win in December 2010 and became the most Victorious coach in American high school basketball history; and WHEREAS, Coach Andrews began her remarkable career in 1962 at Tolar High School; driven by the will to succeed, she studied under Legendary University of Kentucky Coach Adolph Rupp, who helped her gain a better understanding of the game's fundamentals and its nuances; she went on to coach at a number of other Texas schools and First worked at Granbury High School from 1976 to 1980; and WHEREAS, Over the course of her career, Coach Andrews has Amassed 34 consecutive seasons with 20 or more wins and has taken 14 Teams to the state tournament; in 1990, she realized her most Successful season by guiding Corpus Christi Calallen High School to The state championship; and WHEREAS, Coach Andrews returned to Granbury High School in 1992 and in 2005 became the winningest coach in girls' high school Basketball; her milestone win in 2010 made her the all-time leader In victories among all coaches who have ever guided boys' or girls'. Teams in the United States, and this accomplishment is a testament To her superior skills and her determination; and WHEREAS, Coach Andrews has instilled in many generations of Players the importance of teamwork and a strong work ethic; her Enduring emphasis on building character in all aspects of life has served as an inspiration to her students and her colleagues for nearly 50 years; and WHEREAS, Coach Andrews has had a profound influence on Countless young people, preparing them for success both on and off The court, and she is truly deserving of recognition for her Commitment and her exemplary record of achievement; now, therefore Be it. RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby congratulate Coach Leta Andrews on becoming the Most victorious coach in American high school basketball history And extend to her sincere best wishes for continued success; and, be It further RESOLVED, That an official copy of this resolution be Prepared for Coach Andrews as an expression of high regard by the Texas House of Representatives.
SPEAKER OF THE HOUSE: Chair recognizes Representative Keffer.
REP. JAMES L. KEFFER: Thank you, Mr. Speaker. I move passage.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Are there any objections? Chair hears none. So ordered.
REPRESENTATIVE JAMES L. KEFFER: Thank you, Mr. Speaker. 1,334 wins and still counting. Not just the girls coach, not just the winningest coach in Texas, but the winningest high school basketball coach in the country. I got to attend the celebration in Granbury for Coach Andrews and to have all of the teams from all over the country that she has been able to coach, been able to mentor. It was tremendous and it just sets the bar. Another Texan has set the bar very, very high for this country along with Coach Andrews. Raise your hand. Along with her is her husband, David, of 54 years. They have three daughters: Sissie Andrews-Tiberia, Linda Andrews-Wagner, and Lisa Andrews-Parker. Up in the gallery is Michael Parker, Larry Tiberia, John Wagner. Grandchildren: Aaron Parker, Reagan May Parker. And Sawyer Parker who is coach at Tuller, Gustine, Comanche Corpus Christi, Cal Allen, and also, of course, Granbury. We have Representative Hunter, Representative Scott from Corpus Christi also to join in. Again, let's give the winningest coach -- high school coach in the country another round of applause. And along Coach Andrews, we have Hood County Day. Y'all stand up. Y'all are standing up? How are you doing? We have Haley Martin. Ms. King gave the Hardin Simmons Championship winner Haley Martin from Granbury also on the team and the Hood County Delegation is here for Hood County Day at their Capitol. And the Junior Leadership Delegation is here also from Hood County. So we have a big day planned. Thank you for your attention and y'all welcome Hood County to the Texas House.
SPEAKER OF THE HOUSE: Chair recognizes Representative Price. REPRESENTATIVE WALTER "FOUR" PRICE: Thank you, Mr. Speaker. Members, I'd like to take this opportunity to recognize two leaders from the Panhandle who have traveled over 500 miles to be here with us this morning. Phyllis Cook, Executive Director of Panhandle Community Services joins us. So does Lylene Springer, Transportation Director. If you two will stand up. Thank you for making the trip over 500 miles to your Texas Capitol. We welcome you. Mr. Speaker, members, I move to suspend all necessary rules to take up and consider House Resolution 600.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Are there any objections? Chair hears none. So ordered. Chair lays out HR600. Clerk will read the resolution.
CLERK: HR600 by Price. WHEREAS, For nearly a century, March 2, the date of the Adoption of the Texas Declaration of Independence, has been Commemorated as Texas Flag Day.
SPEAKER OF THE HOUSE: Chair recognizes representative Price. REPRESENTATIVE WALTER "FOUR" PRICE: Thank you, Mr. Speaker. Members, it's my honor this morning to move adoption of HR600 in recognition of Texas Flag Day. Many of you know Texas Independence Day, but it's also Texas Flag Day. So we honor all that is represented by the Lone Star flag. We're proud of our state's rich history. The treasure flag invokes feelings and great pride among Texans and it's known not only in Texas, but across the country and even across the globe. Today I'll be flying our flag high, and I hope you'll do the same. I move adoption.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Are there any objections? Chair hears none. So ordered. Chair recognizes Representative Miller.
REPRESENTATIVE DOUG MILLER: Thank you, Mr. Speaker. I move to suspend all rules to take up -- all necessary rules to take up and consider HR687.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Are there any objection? Chair hears none. So ordered. Chair lays out HR687. Clerk will read the resolution.
CLERK: HR687 by Miller. For nearly 50 years, Mark Clanton of San Antonio has Dedicated himself to serving others, first through his three Decades in the United States Air Force and then through his work as a public school teacher WHEREAS, Mr. Clanton entered the air force in the mid-1960s And served at bases throughout the country as well as in Japan; in 1973, he took a teaching post at the U.S. Air Force Academy in Colorado Springs, Colorado, remaining on the faculty there until 1977; in all, he spent more than two decades as a professional Military educator; and WHEREAS, In 1994, Mr. Clanton completed his 30-year career With the air force; having already earned a bachelor's degree in Business from Texas Lutheran University, he undertook graduate Studies at Southwest Texas State University and received a master's Degree in education in 1996; and WHEREAS, Certified in special education, Mr. Clanton has Taught at Ed White Middle School in San Antonio's North East Independent School District for the past 17 years; and WHEREAS, Mark Clanton has contributed to his fellow citizens Through a lifetime of purposeful endeavor, and he has set an Inspiring example of leadership, integrity, and commitment to excellence; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby honor Mark Clanton for his years of outstanding Service in the military and as an educator and extend to him sincere best wishes for continued success and happiness; and, be it further RESOLVED, That an official copy of this resolution be Prepared for Mr. Clanton as an expression of high regard by the Texas House of Representatives.
SPEAKER OF THE HOUSE: Chair recognizes Representative Miller.
REPRESENTATIVE DOUG MILLER: Thank you, Mr. Speaker. I would like to do today is recognize a great Texan and his family for nearly 25 years. Mark Clanton of San Antonio has dedicated himself to public service, serving others through three decades of service in the United States Air Force. Then he went to work as a Texas public schoolteacher. He entered the Air Force in the 60's and traveled all throughout this country serving our nation and even went to Japan. You know, he served as a teacher at the Air Force Academy in Colorado Springs for two decades in 1994. He came back and completed his year in the military and went back to school and got a Certification in Special Education. For 17 years he taught at Ed White Middle School in San Antonio Northeast Independent School District. He has had a lifetime of purposeful endeavor, and he has set an inspiring -- an inspiring example of leadership, integrity, commitment and excellence to our State. Mark, we want to thank you. With Mark today is his wife, Ina, his daughter, Jennifer, and her husband Bryan Carr. And, Megan, his granddaughter; and a special young man who decided for his 13th birthday he wanted to come celebrate that at the State Capitol. A young man who's born on Texas Independence Day, Allen Carr. Congratulations to the Carr family and -- to all of the Carr family. Thank you for being here, and Mr. Speaker, I move passage. Let's recognize these people in the gallery.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Are there any objections? Chair hears none. So ordered. Representative Anderson moves to add all members' names. Are there any objections? Chair hears none. So ordered. Chair recognizes Representative Anderson. CHARLES "DOC" ANDERSON: Thank you, Mr. Speaker. Members, I move to suspend all necessary rules so we can take up and consider House Resolution 622 honoring the great City of West.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Are there any objections? Chair hears none. So ordered. Chair lays out HR622. Clerk will read the resolution.
CLERK: HR622 by Anderson McClendon. WHEREAS, Residents of the city of West are coming to Austin on March 2, 2011, to celebrate West Day at the State Capitol; and WHEREAS, Established at its present site in 1881 and Officially becoming West nine years later, this small but vibrant Community, which was named after farmer, postmaster, and Businessman Thomas West, retains many of the same charms that drew People to the area more than 100 years ago; and. WHEREAS, Among those attracted to this rich farmland were Czech immigrants who farmed the land, opened businesses, shared Their European culture, and planted roots that are now indelibly Woven into the identity of West; and WHEREAS, The people of West embrace this heritage, making it Known and officially designated as the Czech Heritage Capital of The State of Texas and informally calling it the "Czech Point of Central Texas"; West is the place to be on Labor Day weekend for the Annual tradition of Westfest, a celebration of Old World foods Music, arts and crafts, and many other activities; the city is also Renowned for its tasty kolaches, the absence of which was mightily Felt when the previously scheduled West Day at the State Capitol This session was canceled due to bad weather; and WHEREAS, Home to nearly 3,000 people, West is a small town With a big can-do attitude; whether it's for the food, a trip to the Katy Depot Museum, or specialty shopping, the residents of West have much to make them proud; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby recognize March 2, 2011, as West Day at the State Capitol and extend to the visiting delegation sincere best wishes For an enjoyable and memorable visit to Austin.
SPEAKER OF THE HOUSE: Chair recognizes Representative Anderson. CHARLES "DOC" ANDERSON: Thank you, Mr. Speaker. Folks, it's West Day at our Capitol. We want to welcome the folks from the great community of West so we can enjoy some of their charm and the great traditions and heritage of that community. And, of course, we'll have kolaches and distribute them to your office this afternoon. And would like to invite everybody to the West Fest and anytime that you're going through West on I-35, feel free to pull off to Downtown West and kind of enjoy some of the beauty of this great little community. I also want to take time to thank these folks for coming down and the tradition of the kolaches and bringing them down for us. Thank you so much for coming to visit your Capitol today. What a great way to celebrate Texas Independence Day, to celebrate the great diversity that we have in this state. And up in the north part of the gallery here we have the Junior Historians. If y'all would stand and you can see the beautiful checked dresses, and they'll be performing a dance for us at 12:00 o'clock on the South Steps. And let's welcome the Junior Historians. Thank you. And on the dais with us today we have Judge David Peria, Mayor Gerald Bolton, Mayor Pro-tem Tommy Muschka, City Manager Joe Polaski, Councilman Steve Vanick; two beautiful young ladies, Kendall Holcheck, Miss West, and Patron Kholer; Miss West Fest. Members, thank you. And I move adoption.
SPEAKER OF THE HOUSE: Members, you heard the motion. Are there any objections? Chair hears none. So ordered. Representative Legler asked to add all members's names. Are there any objections? Chair hears none. So ordered. Chair recognizes Representative Munoz. REPRESENTATIVE SERGIO MUNOZ, JR.: Mr. Spe aker, members, I move to suspend all necessary rules to take up and consider HR673, 2011 Border Texan of the year.
SPEAKER OF THE HOUSE: Members, you heard the motion. Are there any objections? Chair hears none. Rules are suspended. Chair lays out HR673. Clerk will read the resolution.
CLERK: HR673 by Munoz. WHEREAS, Lieutenant Governor David H. Dewhurst has been named The 2011 Border Texan of the Year by the Hidalgo Chamber of Commerce.
SPEAKER OF THE HOUSE: Chair recognizes Representative Munoz. REPRESENTATIVE SERGIO MUNOZ, JR.: Move adoption.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Are there any objections? Chair hears none. So ordered. Chair recognizes Representative Rodriguez.
REPRESENTATIVE EDDIE RODRIGUEZ: Thank you, Mr. Speaker. Members, I move to suspend all necessary rules to take up and consider House Resolution 577.
SPEAKER OF THE HOUSE: Members, you heard the motion. Are there any objections? Chair hears none. Rules are suspended. Chair lays out HR577. Clerk will read the resolution.
CLERK: HR577 by Rodriguez. WHEREAS, Construction workers and members of the Build a Better Texas Coalition are gathering in Austin on March 2, 2011, to promote workplace safety in the construction industry?
SPEAKER OF THE HOUSE: Chair recognizes Representative Rodriguez.
REPRESENTATIVE EDDIE RODRIGUEZ: Mr. Speak er, I move passage.
SPEAKER OF THE HOUSE: Members, you heard the motion. Are there any objections? Chair hears none. So ordered. Chair recognizes Representative Rodriguez.
REPRESENTATIVE EDDIE RODRIGUEZ: Thank you, Mr. Speaker and members. I want to recognize that today March 2nd is the day of the fallen here at the Capitol. Today we recognize those who have served in the construction industry and have suffered injuries while working at a construction site. We have some of the family members and friends who have worked in the construction industry. In the gallery this morning in the north side of the gallery, if you would stand? Can we give them a round of applause, please? Welcome to your Capitol. I also wouldn't encourage you to join us at 4:30 this afternoon on the south steps to show our support for the valuable men and women who served in the construction industry. Thank you members.
SPEAKER OF THE HOUSE: Chair recognizes Representative Zerwas for an introduction.
REPRESENTATIVE JOHN ZERWAS: Mr. Speaker and members, it's a great privilege honor for know introduce you to a few of the folks that are from if west I-10 chamber on this Independence Day in Texas. As most of you know, the west I-10 portion of Houston is growing at a very, very rapid rate. The census demonstrated that we had some of you serving in that area and as most of you know that chamber of commerce is in these areas have a tremendous function in managing these places make these places an excellent place to live out there. Today I have up on the dais with me several of those individuals first is Stan Kitzman Waller County Commissioner in Precinct Four, we have Mayor Bill Maththews from the City of Paterson, Mayor Joe Vaughn from the City of Brookshire, and my good friend Ted Crinick Waller County Justice of the Peace, and Jason Holmes of the Wyatt resources. Members, if you would please help me recognize them and those up in the southeast corner up there. Give them a big round of applause and welcome them to their House of Representatives.
SPEAKER OF THE HOUSE: Representative Guillen floor of house. Chair recognizes Representative Alonzo.
REPRESENTATIVE ROBERTO R. ALONZO: Thank you, Mr. Speaker. Members, speaker, I move we suspend all necessary rules and take up House Resolution 660, House Resolution 683, and House Resolution 582.
SPEAKER OF THE HOUSE: Members, you've heard the motion are there any objections? Chair hears none. Rules are suspended. Chair lays out the following three resolutions. Clerk will read the resolutions.
CLERK: HR582 by Alonzo. Frances King is retiring from her position as court coordinator for Dallas County Criminal Court No. 3 in March 2011 drawing to a close a notable career in public service that has spanned more than three decades HR683 by Johnson Loved ones are mourning the loss of Eulah Shaw Hill of Dallas, who passed away on February 26, 2011, at the age of 97. HR660 by Burnam The historic Ryan Place neighborhood of Fort Worth is celebrating the 100th anniversary of its founding in 2011.
SPEAKER OF THE HOUSE: Chair recognizes Representative Alonzo.
REPRESENTATIVE ROBERTO R. ALONZO: I move adoption.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Are there any objections? Chair hears none. So ordered. Chair recognizes Representative Guillen.
REPRESENTATIVE RYAN GUILLEN: Thank you, Mr. Speaker. Members, I move to suspend all necessary rules to take up and consider House Resolution 639 recognizing March-2nd, 2011 as Texas Transit Association Day at the Capitol.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Are there any objection? Chair hears none. So ordered. Chair lays out HR639. Clerk will read the resolution.
CLERK: HR639 by Guillen. WHEREAS, Members of the Texas Transit Association are Visiting the State Capitol on March 2, 2011; and WHEREAS, Founded in 1986 to promote public transportation The TTA is a nonprofit professional corporation composed of 8 Metropolitan transit authorities, 30 small urban transit Districts, and 39 rural transit districts from throughout Texas With public and private entities from across the country holding Associate membership; and WHEREAS, The TTA promotes public transportation through its Monthly newsletter and its annual conference and expo; in 2002, the Association created the Texas Transit Foundation, a nonprofit Educational organization whose mission is to promote public Transportation, conduct research on public policy and other issues And provide professional development opportunities for those Involved in the public transportation industry; and WHEREAS, The work of this notable organization benefits many Texans who rely on public transportation as their primary means of Getting to work, school, medical appointments, and myriad other Activities; communities also profit immeasurably from public Transportation in terms of job creation and the reduction of Traffic and environmental impact, thereby enhancing quality of life For residents; moreover, public transportation systems are Integral to a community's ability to deal with disasters, as Evidenced by their vital assistance to victims of Hurricanes Gustav And Ike; and WHEREAS, Public transportation makes it possible for a host Of Americans to engage more fully in life, even as it fosters Economic development, more livable communities, and cleaner air And for more than two decades the TTA has supported the needs of the State's public transportation systems through advocacy and Education; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby recognize March 2, 2011, as Texas Transit Association Day at the State Capitol.
SPEAKER OF THE HOUSE: Chair recognizes Representative Guillen.
REPRESENTATIVE RYAN GUILLEN: I move adoption.
SPEAKER OF THE HOUSE: Members, you heard the motion. Are there any objection? Chair hears none. So ordered. Chair recognizes Representative Guillen.
REPRESENTATIVE RYAN GUILLEN: Thank you, Mr. Speaker. Members, it's a privilege and honor to recognize individuals who are vital to the future progress of transit systems in our state. The Texas Transit Association is composed of Metropolitan Transit Authorities, small urban districts, small rural districts in the State of Texas. Each representative has at least one TTA member in their House district. In total, there are 39 rural transit district serving areas with a population of under 250,000; 30 urban transit districts serving small urbanized areas with populations between 50 and 200,00 and 8 metropolitan transit authorities served by metro or regional authorities or municipal departments of cities of populations of over 200,000. It's a sincere pleasure to welcome TTA Executive Committee members that are standing right here on the speaker's dais. Member Norma Somora of the Brownsville Urban System, Dick Riddell of the Fort Worth Transportation Authority, John Hendrickson of the Waco Transit System, Carol Warlick of Killeen, Sarah Hildalgo Cook of the Community Counsel of Southwest Texas, and Richard Quarez of the Community Counsel of Southwest Texas. They're right here right behind me, and we got other members of the Transit Association that are up in the gallery, also. Members, I ask you to, please, join us in -- for a lunch today in the Legislative Conference Center, from 11:30 to 1:30. And, also, to a reception this evening at the Shoppes Garden from 6:00 to 8:00 p.m. Members, please, help me in recognizing our members of the Texas Transit Association by welcoming them on Texas Transit Association Day at the Texas Capitol with a round of applause.
SPEAKER OF THE HOUSE: Mr. Branch. Chair recognizes Representative Branch.
REPRESENTATIVE DAN BRANCH: Thank you, Mr. Speaker. Members, if I could have everyone's attention? As everyone knows, today is the 175th anniversary of the Independence of our State and Republic. And, if I could, I would like to have everyone stand for a brief moment of silence as we pay respect to the founding mothers and fathers of our state and the -- initially, our independent republic. If we could, we will have a moment of silence for 17 and a half seconds. The speaker will then -- then we'll have a special resolution, HCR175. (Whereupon, a moment of silence was observed.)
SPEAKER OF THE HOUSE: The Clerk will read the resolution.
CLERK: HCR175 by Branch. WHEREAS, Citizens of Texas are marking the 175th anniversary Of the adoption of the Texas Declaration of Independence on March 2 2011; and WHEREAS, By the fall of 1835, tensions that would culminate In the Texas Revolution were coming to a head, and in December, a Convention of delegates from every Texas municipality was called to Meet in the new town of Washington on March 1, 1836; and WHEREAS, On the first day of the convention, George C. Childress introduced a resolution calling for a committee to draft A declaration of independence; the measure was approved, and the Convention president, Richard Ellis, appointed a five-member Committee, with Mr. Childress as chair, to prepare the document; The resulting composition is generally believed to be almost Entirely the work of Mr. Childress, who may have arrived at the Convention with a draft that he had already written; and WHEREAS, Patterned on the declaration of 1776, the Texas Declaration of Independence was presented to the convention on March 2; according to the report of an observer, the declaration was Then "committed to a committee of the whole, reported without Amendment, and unanimously adopted, in less than one hour from its First and only reading"; the motion to adopt was made by Sam Houston, whom the convention appointed two days later to take Command of the Texas army; and. WHEREAS, Delegates also adopted a constitution for the new Republic of Texas and elected an interim government; those chosen To serve were David G. Burnet, president, Lorenzo de Zavala, vice President, Samuel P. Carson, secretary of state, Thomas J. Rusk Secretary of war, Robert Potter, secretary of the navy, Bailey Hardeman, secretary of the treasury, and David Thomas, Attorney General; the constitution was ratified by voters the following September, and the interim government served until that October when regular elections were held; and WHEREAS, News that the Alamo had fallen reached the Convention on March 15, and two days later, reports that the Mexican Army had advanced to within 60 miles of Washington prompted the Delegates to hastily adjourn; little more than a month later However, the Battle of San Jacinto made Texas independence a Reality; and WHEREAS, The Republic of Texas endured until December 29 1845, when Texas officially entered the Union as the 28th state; Those nine years, when Texas enjoyed the status of an independent Country, constitute a remarkable chapter in its history, and more Than a century and a half after annexation, they continue to Engender a special sense of pride and identity among its citizens; Now, therefore, be it RESOLVED, That the 82nd Legislature of the State of Texas Hereby join the people of the Lone Star State in commemorating the 175th anniversary of the adoption of the Texas Declaration of Independence.
SPEAKER OF THE HOUSE: Chair recognizes Representative Branch.
REPRESENTATIVE DAN BRANCH: Thank you, Mr. Speaker. Members, along with Representative Kolkhorst, who represents Washington, where the original convention was held on March 2nd, 1836, I move adoption.
SPEAKER OF THE HOUSE: Mr. Branch, moves adoption. Are there any objections? Chair hears none. So ordered. Representative Kolkhorst moves to add all members' names. Are there any objections? So ordered. Chair recognizes representative Branch.
REPRESENTATIVE DAN BRANCH: Thank you, Mr. Speaker. Members, today is indeed a historic today. I believe our fellow colleague on the other side of the Capitol are going to be reading the declaration and some reenactors and so on this side of the chamber. We want to have our moment of silence and recognize history. A 175 years ago today, on March 2nd, 1836, the Republic of Texas' delegates gathered at Washington, now known as Washington, then known as Washington on the Brazos, unanimously signed the Declaration of Independence from Mexico. While the moment was a proud one in our shared history of Texas, the republic was far from secure on that day in March. Texas had a population of just 50,000 and our new government was saddled with both physical and financial risks and our land was not easily defensible. What would leaders like Stephen F. Austin and Mirabeau Lamar and Dean and Larenzo Devala and Geprge C. Childress think of our Texas a hundred and seventy-five years after their courageous acts? What would Sam Houston, also what would he think when he would be celebrating not only independence but his birthday? Today our state is the second largest state in population, it's the second largest state in size. It's the fastest growing state in the last decade. We'll now soon have 36 members in the House of Representatives in Washington DC. It's home to over 25 million people and more Fortune 1000 company headquarters then any other in the union. We are home to leading universities, leading medical centers, world research centers and cancer centers, industries and a vibrant and diverse population. The picture of Texas today is a far cry from that of Texas on March 2nd, 1836. Just as we celebrated our sexto-centennial anniversary in 1986, we now take time to reflect on the meaningful history of the Lone Star State. Today we call this the turquoiusesquicentennial. Now you know why a lot of people say a hundred and seventy-five years. We recall the bravery of those who fought at the Alamo; men like Travis, Buoy, Crockett, and those who claimed victory at San Jacinto, men like Houston, Sherman, Burleson, Hockley, and Smith and Henry Carnes, and Henry Mallard and Rusk, and Lamar. Today we join with the people of Texas and celebrate the one hundred and seventy-fifth anniversary of independence in the Lone Star State. Members, thank you very much.
SPEAKER OF THE HOUSE: Chair recognizes Representative Kolkhorst.
REPRESENTATIVE LOIS KOLKHORST: Thank you, Mr. Speaker and members. I want to thank you, Representative Branch, for bringing this forward. And, as a Representative of Washington County, born and raised there, history is all around us. I'm a descendant of someone who fought at the battle of San Jacinto. We are special, in Texas. And the history is so amazing of how the Tejanos and Texans came together and they had a thirst for freedom and a thirst for liberty. And that they formed this, against all odds, against a superpower of Mexico. And so I'm very proud to represent that. I want to say one thing about this weekend, we celebrated the 175th anniversary. The Star of Republic Museum, that is funded partially out of our state budget, did a project where they went an researched all the ancestors of the signers. There are five or six that don't have any descendants, but all the rest were represented. They came, we did a roll call. Sam Houston did a roll call and it was so stirring. There were so many like when they announced Potter or Taylor, Senator Hugenson was there to represent Charles Taylor on Navaro and Dave Sevala. On Dave Sevala they jumped up and they waved flags to represent and to answer the roll call. That was very moving celebration. People from all over the United States came and we're very proud of our Texas history. Thank you.
SPEAKER OF THE HOUSE: Chair recognizes Representative Branch.
REPRESENTATIVE DAN BRANCH: Thank you, Representative Kolkhorst and members for joining us in this. And I wasn't going mention any descendants, particularly one by the name of Branch, Edward Thomas Branch, who fought at the Battle of San Jacinto and ultimately became a speaker in this chamber. But since Representative Kolkhorst opened that door I thought I might step through just for a moment. But thank you for this opportunity, Mr. Speaker and members. It's a big day for Texas. And I think we have many reasons to be proud and we certainly have a lot of challenges and certainly modest when we think of our other fellow states. But we do think we have something to offer and I hope we will present solutions to a lot of issues this session in dealing with budget challenges and other issues as we celebrate our 175 years.
SPEAKER OF THE HOUSE: Chair recognizes Representative Hunter.
REPRESENTATIVE TODD HUNTER: Mr. Speaker, members, I want to do a recognition. If y'all stand up from Driscoll Children's Hospital in Corpus Christi, our volunteers, with Steve Warner and Shane Cassidy? Thank you-all for coming here to the State Capitol today. Thank you very much.
SPEAKER OF THE HOUSE: Chair recognizes Representative Anchia.
REPRESENTATIVE RALPH SHEFFIELD: Thank you, Mr. Speaker and members. I move to suspend all necessary rules to bring up for consideration HR311.
SPEAKER OF THE HOUSE: Members, you heard the motion. Are there any objection? Chair hears none. Rules are suspended. Members, this resolution has been previously adopted. The Clerk will read the resolution in full.
CLERK: HR311 by Anchia. WHEREAS, Sara Reidy of the Kessler Park neighborhood in Dallas identified a transportation-related issue that was Negatively impacting the quality of life in her community, and Through her initiative, steps are being taken to address the Problem; and WHEREAS, Concerned about the noise levels from nearby Interstate 30, Ms. Reidy purchased a decibel meter and took Measurements that showed the volume emanating from the highway was Exceeding Texas Department of Transportation standards; and WHEREAS, This concerned citizen demonstrated outstanding Leadership by coordinating with state officials and various Neighborhood groups to provide a thorough presentation regarding The problem; her tenacity and ability to bring people together in a Short period of time allowed for consensus building and cooperation In seeking potential solutions to the situation; and WHEREAS, Ms. Reidy had no previous public sector experience But her efforts led to the establishment of a Texas Department of Transportation pilot program aimed at alleviating the problem; as Part of that initiative, the Center for Transportation Research Working in conjunction with TxDOT, will apply noise-reducing Materials to Interstate 30 between Sylvan Avenue and Hampton Road In Dallas and monitor the results; if the pilot program provides Acceptable noise reduction, it may provide a valuable new Alternative that may be applicable to other locations around the State; now, therefore, be it. RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby commend Sara Reidy for her contributions as a Community advocate and commend her for the positive change she has Helped realize by fostering collaboration among her fellow Citizens; and, be it further RESOLVED, That an official copy of this resolution be Prepared for Ms. Reidy as an expression of high regard by the Texas House of Representatives.
SPEAKER OF THE HOUSE: Chair recognizes Representative Anchia.
REPRESENTATIVE RALPH SHEFFIELD: Thank you Mr. Speaker and members. Today I'm honored to represent distinguished members and honored guests from North Ocliff, the Kessler Park neighborhood of Dallas, who are joining us on the podium. Joining us today are Ms. Sarah Reidy, Sarah, raise your hand. And Ms. Linda Brown. Not only constituents of District 103, but also neighbors and, most importantly, my good friends. It's my privilege to support the outstanding leadership and community advocacy of Sarah Reidy today, her immense dedication has proven to be extraordinary, and proven to be an significant improvement to the quality of life of all the families across the city of Dallas. Mr. Speaker and members, please, join me in welcoming our special guests from Dallas, and especially my neighborhood, Kessler Park, to their House of Representatives. Mr. Speaker and members, this resolution has been previously adopted so I simply move to add all members' names.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Are there any objections? Chair areas none. So ordered. Members, we're getting ready go on the calendar. If you have any amendments please get them filed. Chair announces the signing of the following in the presence of the House.
CLERK: HCR175, HCR170, HCR49.
SPEAKER OF THE HOUSE: Chair recognizes Representative Hunter.
REPRESENTATIVE TODD HUNTER: Mr. Speaker, members, pursuant to rule four, section nine of the House rules, I request permission for all House committees and subcommittees be granted permission to meet today while the House is in session, during the reading and referral of bills, pursuant to their committee postings for purposes of this motion. Those House committees and subcommittees that are scheduled to meet upon adjournment or final recess today should be considered to be scheduled to meet during bill referral today.
SPEAKER OF THE HOUSE: Members, you heard the motion. Are there any objections? Chair hears none. So ordered. Chair recognizes Representative McClendon.
REPRESENTATIVE RUTH JONES MCCLENDON: Than k you Mr. Speaker and members, I am pleased to recognize and introduce a great nonprofit group, based in San Antonio, called TURF, which stands for Texans Stand United for Reform and Freedom. Never in the north -- where are they? Oh, there they are. They've been here waiting to be recognized. It stands for Texas United for Reform and Freedom, and it's a nonprofit organization whose mission is to educate the public on Texas finance methods for public roadways and for protecting private property ownership by preventing imminent domain abuse. And TURF is a great group of Texans who are asking for reforms that require accountability and good public as well as non public transportation solutions. So members, help me welcome TURF to the State Capitol.
SPEAKER OF THE HOUSE: Members, we're about to go on the calendar. Chair lays out substitute to House Bill 15 on second reading. Clerk will read the bill.
CLERK: HB15 by Miller relating to providing a sonogram before an abortion; providing Penalties.
SPEAKER OF THE HOUSE: Chair recognizes Representative Miller to explain the bill.
REPRESENTATIVE SID MILLER: Thank you Mr. Speaker, members and guests in the gallery. Committee Substitute House Bill 15 is an informed consent bill. I'm going lay out the bill and when I'm finished laying out the bill I'll be glad to take questions from the back mike. What we're attempting to do is to provide women all available information while considering abortion and allow them adequate time to digest this information and review the sonogram and carefully weigh the impact of this life changing decision. And here's what the bill does; not more than 72 hours and not less than 24 hours before an abortion procedure begins, and also before any sedative or any anesthesia is administered, a physician must do the following: Must provide the pregnant woman with printed materials required under the Woman's Right to Know Act that we have already passed out of this body and previous session, provide the pregnant woman with a comprehensive list of health care providers, facilities, clinics and et cetera that offer sonogram services at no cost to the woman. This would be a non-abortion provider. They could go to these facilities and have a sonogram done free of charge. The physician must perform a sonogram. In current cases sonograms are already being performed, it's one of the first things they do prior to an abortion procedure; so it's not a new cost or an added procedure. They must display the live sonogram images so the woman may view them, provide a verbal explanation of the sonogram and make audible the heartbeat, if it's present, to the woman. They may not accept any form of payment, deposit or any kind of financial agreement for abortion services at the time the sonogram is performed. The only thing they can charge for is a sonogram itself. They must certify, by signature of the patient, that the above measures were performed and offered to them; and they must keep the certification form on record and in their medical file available for inspection if they are audited. The bill does make some exceptions in the case of a medical emergency as it's defined in the bill, which would place a woman in danger of death or serious risk of substantial impairment of her bodily functions unless the abortion is performed. A physician who violates this law shall have his or her license revoked. In addition, these provisions apply to hospitals, ambulatory surgical centers and abortion facilities. This bill also includes a severability laws stating that if any portion of this bill is held invalid the invalidity does not affect any other provision of the act. And with that, Mr. Speaker, I have laid out the bill and I would be glad to take any questions as offered by my fellow legislators.
SPEAKER OF THE HOUSE: Representative Alvarado for purposes.
REPRESENTATIVE CAROL ALVARADO: Mr. Speaker, I'd like to ask the gentleman some questions.
SPEAKER OF THE HOUSE: Mr. Miller do you yield?
REPRESENTATIVE SID MILLER: I yield.
REPRESENTATIVE CAROL ALVARADO: Thank you Representative. Could you walk us through what a woman would experience when she undergoes the sonogram procedure?
REPRESENTATIVE SID MILLER: What happens when that woman would go to an abortion provider, the first thing that would happen is they would give them the pamphlets from the Woman's Right to Know Act. They would provide them a list of services in the area, that is non-abortion providers, that offer free sonograms. After that point they would perform the sonogram. The woman would then, prior to any sedative or anesthesia, sit down with a licensed sonographer registered by the National Association, or the physician view the sonogram; have it explained to her. And, if there is an audible heartbeat, listen to that. From that point, she would have to wait a minimum of 24 hours before the procedure could be performed.
REPRESENTATIVE CAROL ALVARADO: Okay. I would like to go back to the part about the sonogram, can you specifically talk about the sonogram procedure itself?
REPRESENTATIVE SID MILLER: Okay. The procedure would be performed. They would not be able to use a sonogram that was done at another facility. That would cause some liability issues, obviously, for the clinic that is performing the procedure; the abortion procedure. Once that procedure is done --
REPRESENTATIVE CAROL ALVARADO: Okay. Maybe I'm not being very clear. Describe the actual procedure. What kind of sonogram? Because there's various kinds of sonograms. What would a woman undergo, in your bill?
REPRESENTATIVE SID MILLER: It could be ultrasound, it could be a sonogram. It would need to be by a certified stenographer or physician. Actually, I have never had a sonogram done on me so I'm not familiar with the exact procedure -- on the medical procedure, how that proceeds.
REPRESENTATIVE CAROL ALVARADO: Okay. Well, let me just shed a little bit of light about what a woman, according to your bill would undergo.
REPRESENTATIVE SID MILLER: Please do.
REPRESENTATIVE CAROL ALVARADO: Okay. Are you aware that it is an intrusive process?
REPRESENTATIVE SID MILLER: No, I am not aware.
REPRESENTATIVE CAROL ALVARADO: Well, there are two different kinds of sonograms. The abdominal, which I think most of our colleagues may think jelly on the belly; that is what would be done here, that's not the case. A woman that is eight to ten weeks pregnant would have to go a transvaginal procedure.
REPRESENTATIVE SID MILLER: Yes, I understand that. I am aware of that. I am -- I am familiar with that.
REPRESENTATIVE CAROL ALVARADO: You are familiar with that?
REPRESENTATIVE SID MILLER: Yes. Of the two different types, yes, I am familiar.
REPRESENTATIVE CAROL ALVARADO: Okay. Did you know that over 70 percent of abortions in Texas occurred at or before eight weeks gestation, and more than three fourths over 84 percent were performed at ten weeks or earlier?
REPRESENTATIVE SID MILLER: Okay. I'll take your word for that. I have no reason to doubt those figures.
REPRESENTATIVE CAROL ALVARADO: Okay. I just wanted to make sure that you were aware because, obviously, you'll never be faced with the decision to go through this process.
REPRESENTATIVE SID MILLER: I think there are a lot of males that are faced with this decision. I wouldn't say that just because of my gender that my gender is not affected by this. However, I would like to point out -- and thank you for bringing those important facts, that before an abortion is performed now a sonogram is performed. We're not adding a new procedure, we're not asking to add sonograms to abortion procedure. When a woman comes in it is absolutely necessary, no matter what the gestation, that that sonogram be performed. They have to know how far along she is, whether it's twins, whether there's any abnormalities, whether there's any complications. And the doctor, for his own liability, is going to perform this sonogram. It's already being done. It's not something we're adding to the process. But thank you for bringing that up.
REPRESENTATIVE CAROL ALVARADO: But you're setting up legislation that a woman would have to go through a very intrusive process.
REPRESENTATIVE SID MILLER: I'm going to respectfully disagree. What we're setting up is not the procedure of the sonogram, it's already being performed. What we're setting up is a process where she can be fully informed and be allowed to view the sonogram if she so desires.
REPRESENTATIVE CAROL ALVARADO: I think what's important here, though, is to know what we're talking about is not a noninvasive -- a jelly on the belly abdominal sonogram; it is a transvaginal sonogram.
REPRESENTATIVE SID MILLER: Right. It would be. Or it could be the other type. The two types. Certainly, the sonogram is not as invasive as the entire procedure.
REPRESENTATIVE CAROL ALVARADO: How would you know that?
REPRESENTATIVE SID MILLER: I would say any time that you abort a human life that is probably the most tragic procedure that could ever be performed.
REPRESENTATIVE CAROL ALVARADO: Now we could be talking about a woman that has just been a victim of rape or incest.
REPRESENTATIVE SID MILLER: So you're saying that a sonogram is more invasive than an abortion?
REPRESENTATIVE CAROL ALVARADO: I'm not saying that. I'm saying that it is an very intrusive process. And if you think about a woman that has just been a victim of rape or incest and she has to lie there and go through this very intrusive process.
REPRESENTATIVE SID MILLER: Well, the only response I have to that is that she is going to have go through that process whether this bill passes or not, because that's already part of the process.
REPRESENTATIVE CAROL ALVARADO: Can you tell me why this is an emergency? If we have the Woman's Right to Know Act, which is a very informative document that tells women of the risk of abortions, the links -- the possible links to breast cancer, the harm that may be done to future pregnancies; all of this information that's provided in legislation that was passed in 2003, and abortion rates have been on the decline in Texas; what's the problem? Why do we need this and why is this an emergency?
REPRESENTATIVE SID MILLER: It's an emergency measure because the governor felt it was an emergency measure and he put it on the emergency calendar for us to take up before the 60 day deadline. I would say that human life -- and if we can save human lives then that is an emergency. I would even put it above in front of the budget. We're doing this today because last time I saw Chairman Pitts we don't have house bill one ready yet, but we are ready to go on this bill. We heard some very moving testimony in the hearing about this process and we heard some very disturbing news about abortion providers that were discouraging the issues through loopholes and not providing the information to woman that had requested to see the sonogram that they had paid for. They were being denied that. So that's what we're trying to do in this bill, to make sure every woman, if she choses, it's not mandatory that she -- remember, it's not mandatory that she view the sonogram. But, if she choses, she has that information available to her.
REPRESENTATIVE CAROL ALVARADO: So we're -- or you're concerned about saving lives. So how would this sonogram save a life?
REPRESENTATIVE SID MILLER: Well, its more than that we're also concerned about the future psychological effects on the woman and the father. We had testimony in committee where many women broke down and had emotional problems once they saw a sonogram of a baby that was the same age of their aborted baby. And many testified in committee if they had only been able to see that sonogram the decision would have been different. So I think one thing that -- We may disagree on this issue but, hopefully, one thing we can agree on is that abortion should be the last resort and that we should be saving as many lives as possible.
REPRESENTATIVE CAROL ALVARADO: Well, the best way to prevent unintended pregnancy is to fully fund family planning services. And in 2005 there were very significant cuts to family planning services, cuts that have never been restored. So, according to what you're saying, you're proposing this bill to save lives of the unborn children. But what about the lives of the children in Texas being destroyed by the budget?
REPRESENTATIVE SID MILLER: Well, this bill doesn't actually deal with the budget. This bill deals with sonograms. That will be a debate for another day and probably for several days, actually, when that one gets to the floor.
REPRESENTATIVE CAROL ALVARADO: Well, the fact that we're taking it up now, the first bill that we're voting on, definitely sends a signal to Texans that our priorities are misplaced. We are giving a higher priority to unborn children than we are to born children. We have a 109,000 kids that will be cut from pre-K and 83,000 kids that will be cut from Early Start, 12 percent reduction in foster care reimbursements. Where is our pro-child, pro-children budget?
REPRESENTATIVE SID MILLER: Well, actually, those numbers are new to me because I haven't seen the budget yet. I wasn't aware that it was ready. But if you're asking me which is more important, the life of the unborn or the money in our state budget, I'm going to choose life over money, anytime. I'm going to yield to my colleagues for the next line of questioning.
REPRESENTATIVE DIANE PATRICK: Mr. Speaker, would the gentleman yield?
REPRESENTATIVE SID MILLER: I would be more than happy to yield to my colleague.
SPEAKER OF THE HOUSE: Gentleman yields.
WOMAN SPEAKER: Chairman Miller, on the hearings on sonogram legislation, Planned Parenthood, America's largest abortion provider, claimed that the standard of care for abortion providers includes a sonogram before abortion. So why do we need this law?
REPRESENTATIVE SID MILLER: What we're doing, we're not creating sonograms, to mandate the sonograms. Those are already being performed. What we're trying to do, this is really not a sonogram bill, this is an informed consent bill. I'll give you an example. This is the only medical procedure I know, and it's the most often performed procedure on women under 22 years and younger, where you can go to a medical facility, walk in, never meet the doctor and have the procedure performed. You know, I've been to Emergency several times and had other procedures done, and whether it be an MRI or CAT scan or x-ray or an EKG, I've never been wheeled right and had a surgery done. I have had an opportunity to meet my doctor, had that MRI explained to me, my options laid out, what to do if I chose the procedure, what's going to happen, the details of it, what the expected recovery time is, what the probability is of me pulling through or me not pulling through is. I have a chance to have a dialogue with that doctor about the procedure coming up. None of that happens currently in an abortion patient. What actually happens, the woman comes in; most of the time distressed, she will be given the sonogram. Many testified in committee that they asked to see it and were denied and told you don't really want to see that. They were rushed in, never had a chance to ask questions. The only time they saw the doctor is when he came in the operating room, which is when they were already under anesthesia and sedated. He had a cap on his head and mask over his face, the rest of his body, hands included, were covered. He did the procedure, discarded the fetus, pulled off his rubber gloves and left. And there was never that interchange -- there has never been a doctor/patient relationship there. That's what this bill attempts to do, is set forth all -- all the information available, this woman is paying for any way, to that patient. We want to make sure they're fully informed, that they understand the medical consequences, the psychological consequences and everything involved in the procedure that they're about to perform.
REPRESENTATVIE DIANE PATRICK: How many other states have enacted this type of legislation?
REPRESENTATIVE SID MILLER: Currently there's twenty other states that have some form of sonogram legislation, so about half of them.
REPRESENTATVIE DIANE PATRICK: Does the 1992 United States Supreme Court case Planned Parenthood versus Casey authorize and encourage states to pass laws requiring informed consent before an abortion?
REPRESENTATIVE SID MILLER: I believe that was the case and that is correct. It is certainly within the state's right to do so.
REPRESENTATVIE DIANE PATRICK: Is the 24 hour requirement consistent with the woman's right to know law that we passed in 2003?
REPRESENTATIVE SID MILLER: Yes, it is. There's a 24 hour requirement in that law, also. Thank you very much.
REPRESENTATIVE WAYNE CHRISTIAN: Mr. Speak er, would the gentleman yield?
SPEAKER OF THE HOUSE: Gentleman yield.
REPRESENTATIVE SID MILLER: I yield?
REPRESENTATIVE WAYNE CHRISTIAN: Thank you, Mr. Speaker. Chairman Miller, I was wondering is it right, do you think, to make an abortion equivalent to any other surgical procedure? Can you explain to us why that's not the case currently? And is that, in your view, an appropriate place for us as a legislature, to make an abortion equivalent; all the revelations, all the disclosures, to a regular surgical procedure?
REPRESENTATIVE SID MILLER: Well, we were talking earlier how invasive just a sonogram is. But the procedure is much more invasive than that. This is, you know, I don't any other way to put it than it's life changing. And it can be, at times, life threatening. So it should have -- these patients should have the same standard of care, the same information made available, the same doctor/patient relationship, as any other medical procedure; in my humble opinion.
REPRESENTATIVE WAYNE CHRISTIAN: Mr. Chair man, when a woman receives the trauma of the horrible experience of a rape or incest, do you think they should be given more or less or equal information of any other medical procedure?
REPRESENTATIVE SID MILLER: Well, they certainly shouldn't deserve any less information. And under no circumstances should they have less information. All that information should be made available to them. Keep in mind, this bill is not mandating that they view it, if they wish not to view it that's their choice. But we want to make sure all that information is made available should they chose to see it or use it and determine the decision they make.
REPRESENTATIVE WAYNE CHRISTIAN: You know, in listening to what you've explained, am I correct that women who go for or experience this procedure currently receive less doctor/patient dialogue, less information, less information than they would get in any other procedure that basically I have understood you to mention?
REPRESENTATIVE SID MILLER: I would argue to say that there is no doctor/patient relationship whatsoever. This bill would help move towards that end.
REPRESENTATIVE WAYNE CHRISTIAN: Are there some clinics that I heard that are not meeting the standards of care for just normal medical procedures that are currently performing abortions? Are there some clinics not meeting those standards of normal clinical requirements?
REPRESENTATIVE SID MILLER: I'm not sure I understand your question, by normal clinical requirements.
REPRESENTATIVE WAYNE CHRISTIAN: It normally would require certain standards, certain evaluations, certain inspections, certain governmental requirements of clinics. An abortion clinic, I have heard, and I was just wondering in your committee hearing, have you been made aware of not meeting clinical standards at some abortion clinics?
REPRESENTATIVE SID MILLER: I think there are, obviously, some clinics, and we can get that list for you, that have been in violation of state law, inspection, procedural law; that are certainly being dealt with.
REPRESENTATIVE WAYNE CHRISTIAN: Now what about the money? Who is pieing for this? Is this going to cost the state or the taxpayer? Are there additional dollars if this bill passes for this sonogram, is that an additional cost to the lady or to anybody?
REPRESENTATIVE SID MILLER: Actually there is -- if you look at the bill there's no fiscal note, so there's no cost to the taxpayer. There's no additional cost to the facility, there's no additional cost to the woman that's seeking the services. Currently the woman, before an abortion can be performed a sonogram must be performed to determine the age of the pregnancy, if it's twins, if it's triplets, if there's an abnormity, if there's complications. And the doctor will have to do this for his own liability. So it's already being -- it's not an additional measure we're asking to do, it's done; it's common practice.
REPRESENTATIVE WAYNE CHRISTIAN: I know that we're all concerned, maybe to a higher level, when it's a minor involved in any situation I think we feel more of a concern that it's appropriate for them to receive more advice, more counsel. Do you think, in that situation representing minors, would your bill increase, decrease, would it give more information to a minor, less? How would you see it affect a minor?
REPRESENTATIVE SID MILLER: Well, not only minors but anyone seeking this procedure, the whole intent of this bill is to have more information available, information that the patient is paying for and not receiving currently. They would have an opportunity to sit down with a professional, either the sonographer or the doctor, ask questions about the procedure and it would provide a wealth of information to that patient.
SPEAKER OF THE HOUSE: Representative Crownover moves that time has expired. Point of order is well taken and sustained. Representative Castro moves that the gentleman's time be extended by ten minutes. Is there any objection? Chair hears none. So ordered. Chair recognizes Mr. Miller. Continue.
REPRESENTATIVE WAYNE CHRISTIAN: Mr. Speak er, will the gentleman yield?
SPEAKER OF THE HOUSE: Do you yield?
REPRESENTATIVE SID MILLER: I so do.
SPEAKER OF THE HOUSE: He yields.
REPRESENTATIVE WAYNE CHRISTIAN: Chairman Miller, I'm wondering, you know, there's regulations that a lot of people have asked government getting -- interfering in people's lives and these important decisions, I'm amazed that when we take an airplane flight are we not required to listen to a disclosure of significant information, or is it not provided to us on an airplane for us to hear significant information before we even fly?
REPRESENTATIVE SID MILLER: Every time we fly the flight attendants have to get up and show you where the exit doors are, how to use the oxygen masks, how to buckle the seatbelt; and they go through that. It's standard procedure.
REPRESENTATIVE WAYNE CHRISTIAN: And in the situation of a life -- literally threatening, important, probably life changing as far as their attitudes, decision, thought stress that may come in years ahead; are they currently given full disclosure to have an abortion?
REPRESENTATIVE SID MILLER: Under current law and current procedures no, there's not full disclosure. And that's what House Committee Substitute House Bill 15 addresses. We want an informed consent. Not just consent, but we want the woman to have every possible tool, every possible piece of information available to her before she makes this life changing decision.
REPRESENTATIVE WAYNE CHRISTIAN: In addition to not getting information, are you aware of any other surgical or nonsurgical nonemergency surgery that is performed the same day that a person enters the clinic?
REPRESENTATIVE SID MILLER: I'm not aware of any emergency medical procedure that is performed the same -- sometimes the same hour that you walk into the clinic, much less the same day.
REPRESENTATIVE WAYNE CHRISTIAN: Don't you usually have some type of schedule of what to do, so you at least know 24 hours in advance of any surgical procedure?
REPRESENTATIVE SID MILLER: Most of the time it's more than 24 hours, Wayne. Most of the procedures I've had done, sometimes it's weeks, or two weeks, or sometimes a month before you have those done.
REPRESENTATIVE WAYNE CHRISTIAN: I was looking in an article, Chairman, I think it was 81,079 woman who had chosen abortion in Texas in 2008. That's just a number of current reference.
REPRESENTATIVE SID MILLER: It's around 80,000 per year in the State of Texas.
REPRESENTATIVE WAYNE CHRISTIAN: How many were allowed to see the sonogram that they already or did pay for? They paid for the sonogram. How many were allowed to see this sonogram?
REPRESENTATIVE SID MILLER: I don't have those numbers, but it's not going to be a very large percentage.
REPRESENTATIVE WAYNE CHRISTIAN: If somebody pays for something, if it's done, do you believe that they should have the opportunity to view what they pay for?
REPRESENTATIVE SID MILLER: We actually took testimony in committee where women asked. Even though they had paid for the sonogram, they were denied access to that.
REPRESENTATIVE WAYNE CHRISTIAN: Is your -- just to kind of -- Last question. Is this based on some type of religious philosophy or any philosophy or ideology or concern or whatever? Why are you bringing this? Is this just to fully inform, or is it just for some other reason that you've identified in your committee hearings?
REPRESENTATIVE SID MILLER: Those issues didn't come up in the committee hearings. But it is about informed consent. I think it is a common sense thing to do. I think, to address your question, I think it is the morally right thing to do. I think we have a moral obligation to provide all the information necessary or available to that patient.
REPRESENTATIVE WAYNE CHRISTIAN: Thank you, Chairman Miller.
REPRESENTATIVE SID MILLER: Thank you.
SPEAKER OF THE HOUSE: MS. Farrar, for what purpose?
REPRESENTATIVE JESSICA FARRAR: Would the gentleman yield?
REPRESENTATIVE SID MILLER: I'd be happy to yield.
SPEAKER OF THE HOUSE: He yields.
REPRESENTATIVE JESSICA FARRAR: Mr. Miller, you said earlier, making sure I'm correct, you said earlier; which relieves me somewhat, that you are aware that women seeking an abortion procedure already get a sonogram right before the procedure, correct?
REPRESENTATIVE SID MILLER: That's correct.
REPRESENTATIVE JESSICA FARRAR: And the purpose of that is to determine the gestational age, so its part, already, of a medical protocol; correct?
REPRESENTATIVE SID MILLER: That is correct.
REPRESENTATIVE JESSICA FARRAR: So, I guess what I want to know, why subject a woman to another medical procedure that is not medically prescribed? It's not what -- It's not already in what doctors and medical professionals decide is in the best interest of her health. Why ask her to do another procedure?
REPRESENTATIVE SID MILLER: We're not asking for another procedure. We're just asking that the procedure -- this sonogram -- that she has already had performed, that she be allowed to view that and a description of that sonogram be offered to her, along with the heartbeat.
REPRESENTATIVE JESSICA FARRAR: But the one that she gets right before would not suffice because it would have to be done 24 hours prior, correct?
REPRESENTATIVE SID MILLER: Well, the way it would work, there would be one sonogram. And I apologize if there's confusion on that. She would come in to the clinic and, also, currently, under the Woman's Right to Know Law there's a 24 hour lay out period, so this bill would follow that. The sonogram would be performed before she's given any sedation or anesthesia. She would be allowed to view the sonogram, hear an explanation of it and hear the heartbeat. After that is done, there would be a 24 hour lay out period. Then she would come back and have the procedure done. But there would only be one sonogram. There wouldn't be a second one done right before the procedure.
REPRESENTATIVE JESSICA FARRAR: But the one she already had from the doctor wouldn't suffice, correct? You're legislation requires her to hear and see the fetus, correct? I mean that's the goal, we're talking about and giving women information --
REPRESENTATIVE SID MILLER: Actually, it does not require that she hear the heartbeat or even view the sonogram or listen to the explanation. It requires that it be made available to her. If she wishes, she can choose not to view the sonogram, not to listen to the explanation or the heartbeat. But what is required is this: She has to sign or initial am affidavit that it was offered to her.
REPRESENTATIVE JESSICA FARRAR: Right. But the thing is, if it's there and it's being conducted, how could she avoid it? I mean, if she didn't want to hear it -- I mean, you're assuming, I guess -- Let me get down to the point. I'm trying to determine the point of the legislation, because medical protocols already have in place what's in her best health interest. And so you had talked earlier about psychological effects, and I have that same concern about psychological effects in a different way. When the doctor that is now performing -- When a sonogram is performed has it occurred to you why the doctor doesn't offer that automatically? I'm sure if she asked, she could, but why it is not part of the procedure? Could it be, perhaps, because the doctor is concerned about her mental health? Aren't you concerned about the possible psychological effects upon her? I mean, you've made an assumption that she doesn't already know what she's come in for. You're aware that this is a very difficult decision. And so, for her to come in, having made that decision, to add on top of that something that could also have psychological effects on her if she carried through -- whatever she decided to do. That's one of my concerns. Has that occurred to you?
REPRESENTATIVE SID MILLER: Well, I will respect your concern. But when we have women testifying in committee that they have asked to view the sonogram and were denied, that's a problem. Now, there's many ways that she can choose. If she doesn't want to view the sonogram, she doesn't have to -- There's any number of ways. She can ask them to turn the screen, she can turn her head, walk out of room. Whatever she chooses to do.
SPEAKER OF THE HOUSE: Representatives, ladies and gentlemen, this time has expired. Point of order is noted and well taken. Sustained. Following the amendment the Clerk will read the amendment.
CLERK: Amendment by Alvarado.
SPEAKER OF THE HOUSE: Chair recognizes Ms. Alvarado to explain her amendment.
REPRESENTATIVE CAROL ALVARADO: Thank you, Mr. Speaker and members. This movement strikes the enacting clause. I do not believe that we fully understand the level of government intrusion this bill advocates.
SPEAKER OF THE HOUSE: Ms. Hernandez, for what purpose?
REPRESENTATIVE ANA LUNA HERNANDEZ: Will the lady yield?
REPRESENTATIVE CAROL ALVARADO: Yes, ma'am.
SPEAKER OF THE HOUSE: Ms. Alvarado, will you yield?
REPRESENTATIVE CAROL ALVARADO: Yes, sir.
SPEAKER OF THE HOUSE: She yields.
REPRESENTATIVE ANA LUNA HERNANDEZ: We had some discussion earlier about what exactly this sonogram entails. Can you describe the type of sonogram that's used up to eight weeks of gestation?
REPRESENTATIVE CAROL ALVARADO: It is a transvaginal sonogram, as I mentioned previously.
REPRESENTATIVE ANA LUNA HERNANDEZ: But can you explain the transvaginal sonogram when it is performed on a female patient? Can you describe what the woman has to go through from the time she enters into that doctor's consultation room and throughout the procedure?
REPRESENTATIVE CAROL ALVARADO: Sure. Well, she would be asked by the sonographer to undress completely from the waist down, and asked to lie on the exam table and cover herself with a light paper sheet. She would then put her feet in stirrups so that her legs are spread at a very wide angle and asked to scoot down the table so that the pelvis is just under the edge.
REPRESENTATIVE ANA LUNA HERNANDEZ: So, we're talking about the woman's right to privacy, and when she's in the consultation room with her doctor and they have that doctor-patient relationship, explain to me, what does this vaginal sonogram look like?
REPRESENTATIVE CAROL ALVARADO: Well, I'm glad you asked.
REPRESENTATIVE ANA LUNA HERNANDEZ: The transvaginal probe, I'm sorry.
REPRESENTATIVE CAROL ALVARADO: Well, I'm glad you asked. Because instead of just describing it, I can show you. This is the transvaginal probe. Colleagues, this is what we're talking about. It is a very intrusive process. This is not the jelly on the belly that most of you think. This is government intrusion at its best. We've reached an all high, a climax in government intrusion.
REPRESENTATIVE ANA LUNA HERNANDEZ: So while the doctor is performing the sonogram, using that apparatus, the woman cannot leave the room; is that correct? I mean she is unclothed, on the table with her feet in the stirrups?
REPRESENTATIVE CAROL ALVARADO: No. I mean she's pretty much held captive. You see there, this device here is covered with a condom and gel and is then inserted into the vagina. The probe sends out ultrasound waves which are used to project an image of uterus and its contents onto a computer screen. And the health provider will move the probe within the area to view the pelvic organs.
REPRESENTATIVE ANA LUNA HERNANDEZ: So, while that procedure is being conducted, I mean, if the woman has been a victim of rape or incest, she doesn't have the right to refuse that?
REPRESENTATIVE CAROL ALVARADO: I'm glad you brought that up. A woman who has been a victim of rape or incest, yes, would undergo the penetration of this transvaginal probe; this very intrusive process. It provides -- HB15 provides no exemptions for victims of rape or incest. They would be forced to undergo this very, very intrusive procedure.
REPRESENTATIVE ANA LUNA HERNANDEZ: So as the bill stands right now, we would be mandating that a woman who has been a victim of rape or incest be subjected to using the transvaginal probe without an exemption?
REPRESENTATIVE CAROL ALVARADO: Yes, ma'am.
REPRESENTATIVE ANA LUNA HERNANDEZ: Thank you.
WOMAN SPEAKER: Would the member yield?
REPRESENTATIVE CAROL ALVARADO: Yes, ma'am.
SPEAKER OF THE HOUSE: I'm sorry, do you yield, Ms. Alvarado?
REPRESENTATIVE CAROL ALVARADO: Yes, sir.
SPEAKER OF THE HOUSE: She yields.
WOMAN SPEAKER: Hi, Carol.
REPRESENTATIVE CAROL ALVARADO: Hi Patricia.
WOMAN SPEAKER: You went through that whole process of describing about undressing and covering from the waist down and scooting down on the table and putting your feet in the stirrups and spreading your legs. Is that that much different than what we advocate that the state pay for for PAP smears so that we can help find and diagnose cervical cancer?
REPRESENTATIVE CAROL ALVARADO: The difference here is that when that is happening that is a womans choice, she's going in for a preventive measure. What we're talking about is the State mandating this.
WOMAN SPEAKER: Don't they already perform either a vaginal sonogram or on the belly sonogram?
REPRESENTATIVE CAROL ALVARADO: That's done after ten weeks, in some cases twelve weeks.
WOMAN SPEAKER: So, really, this procedure, if you're considering having an abortion, is not really anymore invasive than actually having a PAP smear?
REPRESENTATIVE CAROL ALVARADO: Well, again, a PAP smear is a woman's choice. She's not held captive. She doesn't have to lie there and listen to the doctor, the stenographer describe a heartbeat. The PAP smear is a choice a woman makes for prevention.
WOMAN SPEAKER: Well, I will tell you after two years of sessions of serving on State Affairs, the number of women that have come before the Committee talking about not having the option of viewing that sonogram, and the regret and the pain that they've had to live with for the years after having an abortion; and how they advocate for this was a lot more less invasive than doing the procedure. Thank you for yielding.
REPRESENTATIVE CAROL ALVARADO: Thank you, Patricia. I think what's problematic is the author of the bill was not familiar with the process, that it is very much an intrusive process. And what we have on the books right now seems to be working; the Woman's Right to Know Act. And in that pamphlet there are, in two-week incrementals, the gestational ages from the time the woman goes into the clinic, till the birth of that child. And there are very graphic and in color photos that the woman is able to see.
SPEAKER OF THE HOUSE: Chair recognizes Mr. Miller to speak against the amendment. Are we still going?
REPRESENTATIVE CAROL ALVARADO: Yes.
SPEAKER OF THE HOUSE: For what purpose, Ms. Farrar?
REPRESENTATIVE JESSICA FARRAR: Will the gentle lady yield?
SPEAKER OF THE HOUSE: Do you yield?
REPRESENTATIVE CAROL ALVARADO: Yes, sir.
SPEAKER OF THE HOUSE: She yields.
REPRESENTATIVE JESSICA FARRAR: Representa tive Alvarado, in listening to discussion. It occurs to me that -- and I want to know if you think this is your impression as well -- but -- And I think some folks have good faith reason. I mean, they truly believe that perhaps if a woman hears or sees something, it might make her change her mind. Is that what you believe also? At the other time, I didn't get the ask the author the question about if that was really the -- if that's the purpose of the bill. Are we trying -- Are we using a medical procedure to try get a woman to change her mind?
REPRESENTATIVE CAROL ALVARADO: I say a very unnecessary medical procedure, in my opinion. This is a way shame women and to guilt women.
REPRESENTATIVE JESSICA FARRAR: And are you aware, Representative Alvarado, is it your impression that women go in and they don't know exactly what they're going in for; they don't already know?
REPRESENTATIVE CAROL ALVARADO: I'm sure.
REPRESENTATIVE JESSICA FARRAR: That they don't already know? I know you've worked with reproductive health services in the past.
REPRESENTATIVE CAROL ALVARADO: Yes, ma'am that's, correct.
REPRESENTATIVE JESSICA FARRAR: And so they are they are informed. But I'm just wondering, someone brought up the point earlier about how the cuts that have been made to children's services, and so when a woman -- there's all kinds of reasons why a woman would decide to have an abortion. One of the big ones that I heard about before is economic factors. Is that your experience as well.
REPRESENTATIVE CAROL ALVARADO: From women that I've seen and women I know, that is a major factor. If they are not a victim of rape or incest, economic factors are definitely the number one reason.
REPRESENTATIVE JESSICA FARRAR: Are you aware that over half of the women that seek abortions are actually already mothers and are concerned about the effects to their existing children?
REPRESENTATIVE CAROL ALVARADO: I believe it's about 60 percent of the women that undergo abortions are already mothers.
REPRESENTATIVE JESSICA FARRAR: Do you believe that this procedure could actually traumatize a woman, instead of what -- what the idea is -- the idea to change her mind. The method of doing so is a traumatizing method; do you agree with that?
REPRESENTATIVE CAROL ALVARADO: I would agree that it's very traumatizing. Especially since she is pretty much held captive in the stirrups and not in a position that she can easily jump off of the table and walk out of the building, much less the facility.
REPRESENTATIVE JESSICA FARRAR: That was very enlightening. Thank you for bringing that matter to our attention, because I think a lot of our colleagues have assumed that this is -- the procedure is you just lift up your shirt and squirt some jelly and you have got some other device. So, I think this is an appropriate amendment, and I want to thank you for that.
REPRESENTATIVE CAROL ALVARADO: Thank you, Representative Farrar.
SPEAKER OF THE HOUSE: Mrs. Davis, for what purpose?
REPRESENTATIVE YVONNE DAVIS: Mr. Speaker, I would like to raise a point of order for the consideration of House Bill 15, and that it violates Rule 4, Section 32, No. 10.
SPEAKER OF THE HOUSE: Bring your point of order down front.
REPRESENTATIVE LARRY TAYLOR: Ms. Davis of Dallas. Ms. Alvarado, Mr. Miller? Representative Davis of Dallas has raised a point of order under Rule 4, Section 32, Subsection 10 of the House Rules. Representative Davis states that the Committee Report HB15 is in error, and that it fails to reflect the testimony of a witness who had testified earlier before House Bill 15 was laid out. The Chair thanks Representative Davis for raising the point. The Chair has reviewed the records of the committee, including the witness affirmation forms. The committee report, actually, reflects that there were no sworn statements indicating that persons were present in favor and in opposition to, or without taking position on the bill, House Bill 15. Because the report is incompliance with the Rule, the point of order is respectfully overruled. Mr. Turner, for what purpose?
REPRESENTATIVE SYLVESTER TURNER: Mr. Speaker, I would respectfully request that the opinion of the Chair be reduced to writing and placed in the record.
REPRESENTATIVE LARRY TAYLOR: Is there any objection? Chair hears none, so ordered.
REPRESENTATIVE TREY MARTINEZ FISCHER: Speaker, parliamentarian inquiry, please.
REPRESENTATIVE LARRY TAYLOR: State your inquiry.
REPRESENTATIVE TREY MARTINEZ FISCHER: I just don't understand the Chair's ruling, because I think it has a wide standing and implications as how we go forward with public hearings. Is it the Chair's interpretation that the ruling of the Chair is based on Rule 4, Section 7, which generally gives -- Would you like to wait for the parliamentarian?
REPRESENTATIVE LARRY TAYLOR: I think that would be best.
REPRESENTATIVE TREY MARTINEZ FISCHER: Mr. Speaker, parliamentarian inquiry.
REPRESENTATIVE LARRY TAYLOR: State your inquiry.
REPRESENTATIVE TREY MARTINEZ FISCHER: Tha nk you. As I was saying, this ruling has wide implications as we go forward with public hearings and how they're done. And I recognize that the Chair understands that there seems to be a conundrum with respect to how testimony is elicited for specific bills, versus how testimony is elicited for subject matters. And it's my understanding that the Chair is giving significant latitude to Rule 4, Section 7, that says that the Chair -- that the chairman of the committee shall preside over all meetings and control its deliberations. Did I get that right?
REPRESENTATIVE LARRY TAYLOR: No, you did not.
REPRESENTATIVE TREY MARTINEZ FISCHER: Wou ld you, please --
REPRESENTATIVE LARRY TAYLOR: It's Rule 4, Section 6.
REPRESENTATIVE TREY MARTINEZ FISCHER: Okay . Could you read Rule 4, Section 6, for me, please?
REPRESENTATIVE LARRY TAYLOR: Clerk will read the Rule 4, Section 6.
REPRESENTATIVE TREY MARTINEZ FISCHER: I'm sorry, before the -- Rule 4, Section 6, Subsection 7 is what I'm referring to.
REPRESENTATIVE LARRY TAYLOR: Rule 4, Section 6, Subsection 7.
CLERK: Preside at all meetings of the committee and control its deliberations and activities in accordance with acceptable parliamentary procedure.
REPRESENTATIVE TREY MARTINEZ FISCHER: And so on Rule 4, Section 6, Subsection 7, that's my understanding that that is the Chair's -- that the Chair is making its ruling based on its interpretation of the chairman having wide latitude of controlling its proceedings at committee hearings, is that correct?
REPRESENTATIVE LARRY TAYLOR: Chair also would note Rule 4, Section 6, Subsection 1 says the Chair should be responsible for the effective conduct of the committee. Rule 4, Section 6, Subsection 3, says that the chairman may determine -- shall -- Let me read that -- determine the order that the business -- conduct the business of the committee.
REPRESENTATIVE TREY MARTINEZ FISCHER: Okay , and under that Subsection 3 it says to finish it -- it says the order in which the committee shall consider an act on bills, resolutions, and other matters referred to the committee; is that correct?
REPRESENTATIVE LARRY TAYLOR: Yes, that's correct.
REPRESENTATIVE TREY MARTINEZ FISCHER: And would the posting of the general topic of abortions and sonograms, would that be considered an other matter, because we know it's not a bill and it's not a resolution. So, is that what that is?
REPRESENTATIVE LARRY TAYLOR: Chairman, under the Rules of the House, we are able to post discussions of certain matters.
REPRESENTATIVE TREY MARTINEZ FISCHER: Okay . But I'm guessing -- I guess my inquiry to the Chair then is the subject matter that made the basis of the revised posting for the State Affairs Committee to take up testimony, is that -- was that a bill?
REPRESENTATIVE LARRY TAYLOR: Restate the question, please.
REPRESENTATIVE TREY MARTINEZ FISCHER: If I read -- You're relying on Rule 4, Section 6, and in part, sub 3; you're relying on that for the basis of your ruling. And in that, sub 3, it says that the consultation with members of the committee, the chairman shall schedule the work of the committee and determine the order in which the committee shall consider and act on bills, resolutions, and other matters referred to the committee. And so we know that there was a public hearing scheduled with the committee on State Affairs, is that correct?
REPRESENTATIVE LARRY TAYLOR: That's correct.
REPRESENTATIVE TREY MARTINEZ FISCHER: Okay . And in the initial posting of the committee of the notice of public hearing, there was a notice of public hearing relating to two bills; House Bill 15 and one other bill, is that correct?
REPRESENTATIVE LARRY TAYLOR: That's correct.
REPRESENTATIVE TREY MARTINEZ FISCHER: Okay . And then on the 22nd of February, one day before the committee hearing, there was a revised posting that said that the House Committee on State Affairs would have a public hearing on matters relating; and it just gave a general subject matter, and then below that kept the original bills that were part of the original posting; is that correct?
REPRESENTATIVE LARRY TAYLOR: I believe that's correct.
REPRESENTATIVE TREY MARTINEZ FISCHER: Okay . So we know that the two bills were House Bills, we know that. That's why they would say House Bill 15, and I believe the other House Bill was two hundred and something. What is -- What do you consider to be the general topic that would be before the committee? Is that what the rules say is an other matter?
REPRESENTATIVE LARRY TAYLOR: Committee has wide jurisdiction to consider many subjects within its jurisdiction.
REPRESENTATIVE TREY MARTINEZ FISCHER: Okay . Well, that's not what it says in Rule 4, Section 10, Sub 2. The Rule 4, Section 10, Sub 2, says that -- or -- excuse me, Rule 4, Section 10, Sub 1 says that a committee or a subcommittee may be assembled for a public hearing where testimony is to be heard and where official action may be taken on bills, resolutions, or other matters. And what I'm trying to get at is that is the second reference in the rules for other matters, and I'm trying to determine from the Chair, is that considered an other matter; because it's not a bill and it's not a resolution. So, I need an affirmation or, to the contrary, I need the Chair to say that's not an other matter. I'd like to know what it is.
REPRESENTATIVE LARRY TAYLOR: Rule 3, Section 32, which grants State Affairs jurisdiction, gives it jurisdiction over all matters pertaining to questions and matters about state policy.
REPRESENTATIVE TREY MARTINEZ FISCHER: Okay . Maybe I can ask for some order, or maybe I can ask you to repeat that, because I can't hear that.
REPRESENTATIVE LARRY TAYLOR: Members, can we have some order, please, so the member can hear? One moment. State affairs jurisdiction is set out in Rule 3, Section 32.
REPRESENTATIVE TREY MARTINEZ FISCHER: Okay . Rule 3, Section 32. I'm there. That's the jurisdiction of State Affairs, and that's great. But I'm taking about Rule 4, which applies to all committees, not just State Affairs, to all the committees. And I'm also referring to Rule 4, section 10 for the purposes of meetings to be held by committees. So, let me go back to my initial inquiry, which is under Rule 4, Section 3 the chairman is empowered to host committee hearings for the purposes so that they shall consider and act on bills and on resolutions and other matters referred to the committee. My inquiry to the Chair is what is an other matter that's not a bill and not a resolution that was referred to the State Affairs Committee that the committee chairman has the discretion to act upon?
REPRESENTATIVE LARRY TAYLOR: Committees have wide jurisdiction under Rule 3 to all matters that are within their jurisdiction.
REPRESENTATIVE TREY MARTINEZ FISCHER: Okay . That's great.
REPRESENTATIVE LARRY TAYLOR: This will be a matter within their jurisdiction.
REPRESENTATIVE TREY MARTINEZ FISCHER: Okay . But if the duty of the Chair is specifically outlined and, specifically, when you get to Sub 7 where it says that the Chair has the ability to preside at all meetings of the committee and control its deliberations and activities in accordance with acceptable parliamentary procedure. So, with that limitation of working within the acceptable parliamentary procedure, the Chair has the ability to work under Sub 3 in consultation with the members of the committee to act on bills, resolutions, and other matters. I think Rule 4, Section 3, Sub 3 limits, and not grants, let wide latitude to the Chair to take up. We know that the committee has wide latitude. But under this specific provision, when they are taking action on matters, it could either be a bill, resolution, or other matters, it could be a bill, resolution or other matters referred to that committee. So, then my question again, to the Chair, is is the subject matter that made the basis of the revised posting for the Committee on State Affairs to meet; was that an other matter that was referred to the committee for deliberation pursuant to Rule 4, Section 3, Sub 3?
REPRESENTATIVE LARRY TAYLOR: It was a matter within the committee's jurisdiction, within Rule 3.
REPRESENTATIVE TREY MARTINEZ FISCHER: Okay . Well, within the matter of the committee's jurisdiction, under Rule 3, was the substance of the revised posting a matter that was referred to the committee on State Affairs so that within the wide discretion that the committee chairman has is acting upon that subject matter that was referred? Because I cannot find a referral in either a bill or a resolution to the subject matter that was listed in the revised posting that was filed by the committee on State Affairs on February 22nd.
REPRESENTATIVE LARRY TAYLOR: I thank Mr. Martinez for bringing this to our attention. We'll do some research and get back to you on that matter.
REPRESENTATIVE TREY MARTINEZ FISCHER: Okay . Well, I think that while you're doing the research that perhaps we'll have Representative Miller postpone House Bill 15 so that we can get a clear indication from the Chair as to whether or not we proceeding on an abundance of testimony that was given on a matter that we cannot confirm at this time; whether or not it was properly referred to the committee to begin with. And I know that's the Chair's discretion. So, if the Chair doesn't want to do that, then I'd like to get a ruling now.
REPRESENTATIVE LARRY TAYLOR: Come down front and we'd be happy to discuss it with you.
REPRESENTATIVE TREY MARTINEZ FISCHER: I'd like to do it right here.
REPRESENTATIVE LARRY TAYLOR: The Chair's ruling -- The Chair has jurisdiction over the matter that was referred to the jurisdiction within that committee, pursuant to Rule 3.
REPRESENTATIVE TREY MARTINEZ FISCHER: And so we will concede that it's a matter, that's all, that it was a matter. But we're not going to concede that I was duly referred to the Committee on State Affairs. We're saying that as a matter that the State Affairs committee may have the discretion to hear. But under Rule 4, it says you can only hear matters that are bills, resolutions, or other matters referred to that committee. And I'm looking for the referral. And so if you can point me to the referral, then I can sit down.
REPRESENTATIVE LARRY TAYLOR: The committee has inherent jurisdiction subject to Rule 3.
REPRESENTATIVE TREY MARTINEZ FISCHER: Okay . And so it's the ruling of the Chair that so long -- So what we're saying for House practice, any committee chairman, any committee chairman, can have a public hearing on any matter that's within the purview of that committee Chair's jurisdiction; and it doesn't matter that there wasn't a bill or a resolution or other matter referred to that committee so that they can take -- they can have a public hearing on it?
REPRESENTATIVE LARRY TAYLOR: That's correct.
REPRESENTATIVE TREY MARTINEZ FISCHER: Okay . But the Chair does concede to me that the subject matter that made the basis of the refiled or the revised posting, is at least something; it's a matter, it's in existence?
REPRESENTATIVE LARRY TAYLOR: It's a matter that's within the jurisdiction of the committee.
REPRESENTATIVE TREY MARTINEZ FISCHER: And it's within the jurisdiction of the committee? Is that matter, given that it's not a bill, given that it's not a resolution; but something before the jurisdiction of the committee, the committee is under the obligation under Rule 4, Section 11 to post for a public hearing; a five day posting for all bills, resolutions, and other matters that the committee is going to take up; correct, under Rule 4, Section 11?
REPRESENTATIVE LARRY TAYLOR: No, that's not the Chair's position of that.
REPRESENTATIVE TREY MARTINEZ FISCHER: Okay. Well, we know that the Chair has the ability to take it up, so we said that; and we know under Rule 4, Section 10, Sub 2, that -- or Sub 1, that the Chair can call a public hearing where testimony is to be heard and where official action may be taken on bills and on resolutions and on other matters. I read that rule correct, is that correct; Mr. Chairman?
REPRESENTATIVE LARRY TAYLOR: I think you read that correctly.
REPRESENTATIVE TREY MARTINEZ FISCHER: Okay . So, let me connect the dots. Chairman has a discretion, wide discretion under Rule 3, to hear whatever he wants or she wants. And Rule 4, Section 10, says that the purpose of the meeting for a public hearing shall be for bills, resolutions and matters. And the Chair has conceded that that general caption was a matter under the wide purview and discretion of the committee chairman of State Affairs. Then I would argue that House Bill 15, pursuant to Rule 4, Section 11, would be subject to a point of order; because that matter that was refiled one day before the committee hearing and did not meet the five-day posting requirement pursuant to Rule 4, Section 11. So, I would like to raise a point of order on that.
REPRESENTATIVE LARRY TAYLOR: Raise your point of order down front. The House will stand at ease for five minutes. (The House is standing at ease.)
REPRESENTATIVE LARRY TAYLOR: Chair recognizes Representative Martinez Fischer for a motion.
REPRESENTATIVE TREY MARTINEZ FISCHER: Tha nk you, Mr. Speaker. Members, I move to withdraw my point of order.
REPRESENTATIVE LARRY TAYLOR: Members, you heard the rejection. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Davis. Ms. Davis, for what purpose?
REPRESENTATIVE YVONNE DAVIS: Mr. Speaker, I ask for further consideration on the point of order that I raised earlier with regard to providing additional information.
REPRESENTATIVE LARRY TAYLOR: Bring your point of order down front, please. Chair recognizes Ms. Davis. The Chair requests that the journal entries that were requested on Ms. Davis' comments on the point of order be withdrawn. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Davis for a motion.
REPRESENTATIVE YVONNE DAVIS: I motion my point of order.
REPRESENTATIVE LARRY TAYLOR: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Davis to restate her motion.
REPRESENTATIVE YVONNE DAVIS: Thank you, Mr. Speaker and members. I'd like to withdraw my point of order.
REPRESENTATIVE LARRY TAYLOR: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Chair at this time withdraws the ruling on Ms. Davis' point of order. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Alvarado.
REPRESENTATIVE CAROL ALVARADO: Thank you, Mr. Speaker. At this time, I move to withdraw my amendments.
REPRESENTATIVE LARRY TAYLOR: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered.
REPRESENTATIVE RENE O. OLIVEIRA: Mr. Spea ker.
SPEAKER OF THE HOUSE: Mr. Oliveira, for what purpose?
REPRESENTATIVE RENE O. OLIVEIRA: Parliament inquiry.
SPEAKER OF THE HOUSE: State your parliamentary inquiry.
REPRESENTATIVE RENE O. OLIVEIRA: This is for the purpose of today's record. Since both points of order have been withdrawn and the Chair has formally withdrawn its ruling, there is no ruling that has any precedence whatsoever, as today any rulings that the Chair made they no longer exist and they have no precedence whatsoever; is that correct?
REPRESENTATIVE LARRY TAYLOR: That's correct. Thank you, Mr. Oliveira.
REPRESENTATIVE RENE O. OLIVEIRA: Thank you, sir.
REPRESENTATIVE LARRY TAYLOR: Mr. Anchia, for what purpose?
REPRESENTATIVE RAFAEL ANCHIA: For inquiry.
REPRESENTATIVE LARRY TAYLOR: State your inquiry.
REPRESENTATIVE RAFAEL ANCHIA: Do we need to unwind the doctor of the day as well? Do we need to call him back up?
REPRESENTATIVE LARRY TAYLOR: We don't need to go that far back. We certainly don't need to redo the prayer.
REPRESENTATIVE RAFAEL ANCHIA: Thank you.
REPRESENTATIVE LARRY TAYLOR: For what purpose?
DOORKEEPER: We have a messenger from the door of the Senate.
REPRESENTATIVE LARRY TAYLOR: Admit the messenger.
REPRESENTATIVE CHARLIE GEREN: Mr. Speaker , I'm directed by the door of the Senate to inform the House that the Senate has taken the following actions: The Senate passed the following measures, SCR 23.
REPRESENTATIVE LARRY TAYLOR: The Senate messenger has been withdrawn. I'm sorry. Chair recognizes Mr. Miller for a motion.
REPRESENTATIVE SID MILLER: Mr. Speaker, members, may I have your attention? This is going to alter the course of our day but hopefully not alter the course of our week. Members, I would like to thank all the members for advice and consultation on this, on the House Bill 15 at hand. And here's what I intend to do, members, I move to suspend all necessary rules to do the following, you may want to follow along real close. I move to recommit House Bill 15 to the State Affairs Committee and I move to suspend all necessary rules to the State Affairs Committee and the Calendar Committee to meet this evening. I also move to suspend all necessary rules to allow the Calendar Committee to pass a calendar and to allow the House to consider House Bill 15 at 10:00 a.m. tomorrow. Now the net result of this motion is that all necessary rules of the House will be suspended to allow the House to consider House Bill 15 tomorrow at 10:00 a.m. And out of courtesy to all the House members, we may consider that bill on the third reading tomorrow, second and third reading. So you'll not have to be held here Friday.
REPRESENTATIVE LARRY TAYLOR: Mr. Aliseda, for what purpose?
REPRESENTATIVE JOSE ALISEDA: For inquiry.
REPRESENTATIVE LARRY TAYLOR: State your inquiry.
REPRESENTATIVE JOSE ALISEDA: Is it an appropriate motion at this time to send the Rules for third reading, or it more appropriate that that measure be made tomorrow when we do complete presumably second reading of the bill? I look forward to suspension of the rules tomorrow.
SPEAKER OF THE HOUSE: Just to clarify, that was not part of the motion. He was just clarifying what he intended to do tomorrow so we would not have to be here on Friday. No surprises.
REPRESENTATIVE JOSE ALISEDA: So everything said by Chairman Miller -- Does Chairman Miller yield?
SPEAKER OF THE HOUSE: Yes, he yields.
REPRESENTATIVE JOSE ALISEDA: I understand all the rest of your motion and I'm willing to support it today, and I appreciate you honoring the Constitution of the House and proceeding in this way so that we follow our rules and do the best we can to make sure the people of Texas know what we're doing and when we're doing it and how we got here. But will you withdraw that portion of your motion that says we suspend for third reading? Now it would be more appropriate for that motion to be heard tomorrow, which I would gladly support. Is that your intention?
REPRESENTATIVE SID MILLER: Be that the third reading is not part of my motion today, I'm simply giving notice to members of my intentions, so that they will be prepared for our third reading tomorrow, should the body accept that motion. But it will be offered tomorrow, not part of the motion of the day.
REPRESENTATIVE JOSE ALISEDA: Thank you for your motion and I gladly support you in it.
REPRESENTATIVE SID MILLER: Thank you.
REPRESENTATIVE TODD HUNTER: Mr. --
SPEAKER OF THE HOUSE: Mr. Hunter, for what purpose?
REPRESENTATIVE TODD HUNTER: Parliamentary inquiry of the --
SPEAKER OF THE HOUSE: State your inquiry.
REPRESENTATIVE TODD HUNTER: All right, Mr. Miller, you have made a motion and you made the comment we may take up the bill on third reading. Your motion is just bringing it up on second reading tomorrow. You'll make the decision separately from this motion on whether you want to bring third reading to the rest of the members? That's not part of your motion right now, correct?
REPRESENTATIVE SID MILLER: That's not part of my motion, but that's my intention tomorrow.
REPRESENTATIVE TODD HUNTER: That's fine.
REPRESENTATIVE SID MILLER: To move all necessary rules.
REPRESENTATIVE TODD HUNTER: Right.
REPRESENTATIVE SID MILLER: And have third reeding. My intention is not to delay any farther than what the bill would have originally done. And I don't want to keep members here on Friday if some of them already had plans.
REPRESENTATIVE TODD HUNTER: I understand. I just wanted to clarify that the motion that you're making now is for second reading.
REPRESENTATIVE SID MILLER: That's correct. It only deals with second reading.
SPEAKER OF THE HOUSE: Members, you heard the motion. It's a record vote. The floor will require two thirds vote. The Clerk will ring the bell. So Representative Marques is voting aye. Martinez. Representative Hunter, aye. Eddy Gonzalez aye, Representative Miller aye, Representative Taylor aye. Have all voted? 141 ayes, two nays. One present not voting. The motion passes. Representative Miller?
REPRESENTATIVE SID MILLER: Thank you, members.
SPEAKER OF THE HOUSE: Chair recognizes Representative Phillips.
REPRESENTATIVE LARRY PHILLIPS: Thank you, members. I move to the rule suspension earlier, as soon as we get through here we're going to be back to Transportation Committee, those transportation committees. I recommend you come down and we discuss the business we're going to take up, and if you have bills so please, as soon as we get down there we can get to our business. So we will be making a quorum. And thank you for your attention.
SPEAKER OF THE HOUSE: Chair recognizes Representative Hancock for an announcement.
REPRESENTATIVE KELLY HANDCOCK: Yes, members, I would like to remind you that Capitol Commission Legislatures Bible Study down in Garner will be done tomorrow morning. That will be at 7:00 a.m. Not the 7:30 a.m., but the 7:00 o'clock a.m. in the Members Lodge in the extension.
SPEAKER OF THE HOUSE: Chair recognizes Representative Truitt for an announcement.
REPRESENTATIVE VICKI TRUITT: Thank you, members. Mr. Speaker, tomorrow is the last day for boots. Upstairs, third floor, middle conference room, public is welcome. Anyone in the gallery, anyone anywhere is welcome to buy some boots from them. Thank you.
SPEAKER OF THE HOUSE: Chair recognizes Representative Dutton to move for announcement.
REPRESENTATIVE HAROLD V. DUTTON JR.: Than k you Mr. Speaker and members, the Committee on Urban Affairs will meet in its committee meeting room at 4:00 o'clock. The Committee on Urban Affairs will meet at 4:00 o'clock.
SPEAKER OF THE HOUSE: Chair recognizes Representative Kolkhorst for an announcement.
REPRESENTATIVE LOIS KOLKHORST: Thank you Mr. Speaker. I request the Committee on Public Health to meet while the House is in session during the reading and referral of bills today, March 2nd, 2011. Place, E2.012, to consider previously posted agenda.
SPEAKER OF THE HOUSE: Members you heard the motion. Is there any objection? Chair hears none. So ordered.
SPEAKER OF THE HOUSE: Chair recognizes Representative Hunter.
REPRESENTATIVE TODD HUNTER: Thank you Mr. Speaker. Members, Calendar Committee will be meeting this evening I will be getting the location and time to all members. But the Calendar Committee will be meeting this evening. And committee members for calendar, note, it will be this evening.
SPEAKER OF THE HOUSE: Chair recognizes Representative Pitts for a motion.
REPRESENTATIVE JIM PITTS: Mr. Speaker, members, I move to suspend all necessary rules and the five day posting rule to allow the Committee on Appropriations to hear testimony from the comptroller regarding the revenue estimate.
SPEAKER OF THE HOUSE: Members, you heard the motion. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Cook for a motion.
REPRESENTATIVE BYRON COOK: Thank you, Mr. Speaker. Members, I move to suspend all necessary rules, the five day posting rule, to allow the Committee on State Affairs to allow House Bill 15, thirty minutes upon the final adjournment recess, March the 2nd, 2011, Reagan Building, room 140. Thank you.
SPEAKER OF THE HOUSE: Members, you heard the motion. Is there objection? Chair hears none. So ordered.
SPEAKER OF THE HOUSE: Chair recognizes Representative Pitts for a motion.
REPRESENTATIVE JIM PITTS: Mr. Speaker, members, I move to suspend the following rule, the five day posting rule to allow the Committee on Appropriations, if you're invited, to hear testimony from the comptroller regarding the revenue estimate at 8:00 a.m. on March the 3rd, 2011, in room E.1030.
SPEAKER OF THE HOUSE: Members, you heard the motion. Is there objection? Chair hears none. So ordered.
SPEAKER OF THE HOUSE: The following announcement, the Clerk will read the announcement.
CLERK: The Committee on Pay Appropriations will meet at 8:00 a.m. on March 3rd, 2011 at E1.030. This will be a public hearing to invite testimony on the comptroller regarding revenue estimates.
SPEAKER OF THE HOUSE: Members, are there any other announcements? Being no other representatives, Representative Cook moves that the House stand adjourned until tomorrow at 10:00 a.m. tomorrow, pending the reading and referral of bills and resolutions. The following bills are on the first reading and referral of committee:
CLERK: HB 255 (By Hilderbran), Relating to the enforcement of tax laws; providing a criminal penalty. To Ways and Means. HB 1451 (By Thompson), Relating to the licensing and regulation of commercial dog and cat breeders; providing penalties. To Licensing and Administrative Procedures. HB 1452 (By Schwertner), Relating to the repeal of the designation of the Little River reservoir and the Little River off-channel reservoir as sites of unique value for the construction of a reservoir. To Natural Resources. HB 1453 (By Farias), Relating to funding for state sites through private contributions and partnerships and to commercial advertising on certain state sites. To Culture, Recreation, and Tourism. HB 1454 (By Murphy), Relating to the hotel occupancy tax on the price paid for a hotel room. To Ways and Means. HB 1455 (By Kolkhorst), Relating to the release or discharge by a law enforcement agency of certain illegal immigrants at the office of a United States Senator or United States representative. To State Affairs. HB 1456 (By Orr), Relating to the waiver and release of a mechanics’ Contractors’, or materialman s’ lien or payment bond claim. To Business and Industry. HB 1457 (By Fletcher), Relating to interception of wire, oral, or electronic communications for law enforcement purposes. To Homeland Security and Public Safety. HB 1459 (By Gallego), Relating to the Texas Academy of Fine Arts Culture, and Sciences at Sul Ross State University. To Higher Education. HB 1460 (By Branch), Relating to measures to increase cost efficiency at public institutions of higher education and the Texas Higher Education Coordinating Board, including the elimination of certain reporting and other requirements imposed on institutions or the coordinating board. To Higher Education. HB 1461 (By Gallego), Relating to the regulation of certain water wells by the Brewster County Groundwater Conservation District. To Natural Resources. HB 1462 (By Huberty), Relating to the inclusion of professional staff who educate students with disabilities on district-level and campus-level planning and decision-making committees. To Public Education. HB 1463 (By Kleinschmidt), Relating to the application of certain concealed handgun license laws to statewide elected officials and certain current and former members of the legislature. To Homeland Security and Public Safety. HB 1464 (By Quintanilla), Relating to voter eligibility and registration in El Paso County Water Improvement District No. 1. To Natural Resources. HB 1465 (By Callegari), Relating to the abolition of the Joint Advisory Committee on the Practice of Engineering and Architecture. To Licensing and Administrative Procedures. HB 1466 (By Hernandez Luna), Relating to authorizing a suit to declare that certain young people have been abused, neglected, or abandoned and extending the jurisdiction of certain courts making such a declaration. To State Affairs. HB 1467 (By Hernandez Luna), Relating to bullying and cyberbullying in public schools; providing penalties. To Public Education. HB 1469 (By Hernandez Luna), Relating to exempting certain fraternal and veterans organizations from certain bond requirements to obtain an alcoholic beverage permit or license. To Licensing and Administrative Procedures. HB 1470 (By Miles), Relating to the creation of the Texas State Civilian Complaint Review Board to investigate certain allegations of peace officer misconduct. To Homeland Security and Public Safety. HB 1471 (By Miles), Relating to the penalty prescribed for official oppression. To Criminal Jurisprudence. HB 1472 (By Miles), Relating to the retention of and the required disclosure under the public information law of certain complaints alleging official oppression. To Urban Affairs. HB 1473 (By Scott), Relating to creating the offense of altering a disabled parking placard. To Transportation. HB 1474 (By Alonzo), Relating to regulation of residential tenancies by local governments. To State Affairs. HB 1475 (By Alonzo), Relating to longevity pay for judicial staff counsel and assistant public defenders. To Appropriations. HB 1476 (By Riddle), Relating to the grounds for revocation of an emergency medical services personnel certification. To Public Health. HB 1477 (By Allen), Relating to awarding credit to certain inmates for time between release on and revocation of parole, mandatory supervision, or conditional pardon. To Corrections. HB 1479 (By Morrison), Relating to the coverage by health benefit plans of expenses or procedures that violate certain religious convictions. To Insurance. HB 1480 (By Truitt), Relating to the replacement or transfer of certain retail wine stock sold for off-premises consumption. To Licensing and Administrative Procedures. HB 1481 (By Truitt), Relating to the use of person first respectful language in reference to individuals with disabilities. To Human Services. HB 1482 (By Beck), Relating to groundwater conservation district management plans. To Natural Resources. HB 1483 (By Patrick), Relating to the collection of unpaid tolls by a regional tollway authority. To Transportation. HB 1484 (By Patrick), Relating to prohibiting state funding to public junior colleges for physical education courses offered for joint high school and junior college credit. To Public Education. HB 1485 (By Patrick), Relating to discounted utility rates for school districts. To State Affairs. HB 1486 (By Gutierrez), Relating to signs posted under the memorial sign program for victims of certain vehicle accidents. To Transportation. HB 1487 (By Gutierrez), Relating to a study comparing the effects on retail water and sewer utility service rates of acquiring by certain means additional water for Bexar County retail water and sewer utility service consumers. To Natural Resources. HB 1488 (By Gutierrez), Relating to examinations for hiring in certain municipal fire departments. To Urban Affairs. HB 1489 (By Naishtat), Relating to an oral statement regarding the impact of an offense in certain cases involving a violent crime. To Criminal Jurisprudence. HB 1490 (By Naishtat), Relating to the accumulation and payment of sick leave for employees in certain sheriffs’ departments. To County Affairs. HB 1491 (By Naishtat), Relating to the medical use of marihuana. To Public Health. HB 1492 (By Naishtat), Relating to the authority of certain university systems to provide benefits to certain qualified individuals. To Insurance. HB 1493 (By Naishtat), Relating to the duration of the interagency task force on ensuring appropriate care settings for persons with disabilities. To Human Services. HB 1494 (By Ritter), Relating to a prohibition against use of school district resources for a hotel. To Public Education. HB 1495 (By Munoz), Relating to the application of the Information resources Management Act to public junior colleges and public junior college districts. To Higher Education. HB 1496 (By Gallego), Relating to the contracting authority of the Val Verde County Hospital District. To County Affairs. HB 1497 (By D. Howard), Relating to the allocation of certain federal career and technical education funds. To Higher Education. HB 1498 (By Raymond), Relating to the adoption of the Agreement Among the States to Elect the President by National Popular Vote. To Elections. HB 1499 (By Larson), Relating to the designation of the Scenic Loop Road–Boerne Stage Road–Toutant Beauregard Road Historic Corridor. To Transportation. HB 1500 (By White), Relating to allowing the commissioners court of a county to deliberate in a closed meeting regarding business and financial issues related to a contract being negotiated. To County Affairs. HB 1501 (By White), Relating to a landowners’ exemption from the requirement to have a hunting license for hunting on the landowners’ property. To Culture, Recreation, and Tourism. HB 1502 (By White), Relating to allowing military voters on active duty overseas to receive and cast a ballot electronically. To Elections. HB 1503 (By White), Relating to the qualifications to serve as a special peace officer at a polling place. To Elections. Pursuant to Rule 1, Section 4, this is correction to referral of the following bills and resolutions: HB1386, HB557.
CLERK: First reading and referral of bills. HB 1504 (By Munoz), Relating to statutory references to the common electronic infrastructure project formerly known as TexasOnline. To Technology. HB 1505 (By Mun˜oz), Relating to librarians employed by school districts. To Public Education. HB 1506 (By Christian), Relating to unemployment compensation eligibility and chargebacks regarding certain persons who are victims or whose immediate family members are victims of sexual assault. To Economic and Small Business Development. HB 1507 (By Christian), Relating to the issuance of certain search warrants in certain counties. To Criminal Jurisprudence. HB 1508 (By Legler), Relating to authorizing certain public junior colleges to offer a baccalaureate degree in nursing. To Higher Education. HB 1509 (By Pickett), Relating to notice of the construction or expansion of a wind-powered electric generation facility located near a federally owned or operated radar installation or military installation. To Defense and Veterans’ Affairs. HB 1510 (By Hamilton), Relating to the regulation of manufactured housing. To Licensing and Administrative Procedures. HB 1511 (By Dutton), Relating to a requirement that interviews conducted in connection with school district personnel matters be recorded by a certified shorthand reporter. To Public Education. HB 1512 (By Dutton), Relating to an electronic record of eligibility for Medicaid benefits. To Public Health. HB 1513 (By Dutton), Relating to hearings on certain public school employee employment decisions before the board of trustees of a school district. To Public Education. HB 1514 (By Isaac), Relating to the issuance to veterans of specially marked drivers’ licenses. To Defense and Veterans’ Affairs. HB 1515 (By Isaac), Relating to temporary limitations on the total amount of tuition charged to a student by a four-year public institution of higher Education. To Higher Education. HB 1516 (By Isaac), Relating to excused absences from public school for the purpose of enlisting in the armed services. To Public Education. HB 1517 (By Isaac), Relating to the disposition of fines for traffic violations collected by certain municipalities. To Transportation. HB 1518 (By Isaac), Relating to the disposition of fines for traffic violations collected by certain municipalities. To Transportation. HB 1519 (By Isaac), Relating to the disposition of fines for traffic violations collected by certain municipalities. To Transportation. HB 1520 (By D. Howard), Relating to the determination of student priority in awarding TEXAS grants. To Higher Education. HB 1521 (By Otto), Relating to re-creating the scholarship trust fund for fifth-year accounting students as a trust fund outside the treasury. To Higher Education. HB 1522 (By Otto), Relating to the regulation of the practice of public accountancy. To Licensing and Administrative Procedures. HB 1523 (By Phillips), Relating to the offense of transporting household goods without registration; providing a penalty. To Transportation. HB 1524 (By Phillips), Relating to the creation of the Case Creek Municipal Utility District No. 1 of Grayson County; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain. To Natural Resources. HB 1525 (By Alvarado), Relating to the board of directors of the Greater East End Management District. To County Affairs. HB 1526 (By D. Miller), Relating to the prevention of automobile burglary and theft. To Transportation. HB 1527 (By S. Miller), Relating to the certification of the states’ primary standards of weights and measures. To Agriculture and Livestock. HB 1528 (By S. Miller), Relating to consolidating precincts in a primary election. To Elections. HB 1529 (By S. Miller), Relating to the offense of fraudulent use or possession of identifying information. To Criminal Jurisprudence. HB 1530 (By S. Miller), Relating to the carrying of concealed handguns by county commissioners attending a meeting of the commissioners court. To Homeland Security and Public Safety. HB 1531 (By Ritter), Relating to the exemption from ad valorem taxation of real property leased to and used by certain schools. To Ways and Means. HB 1532 (By Eiland), Relating to the expiration of certain parts of the Texas Economic Development Act. To Ways and Means. HB 1534 (By Eiland), Relating to regulation of certain health care provider Network contract arrangements. To Insurance. HB 1535 (By Eiland), Relating to the participation of this state in the surplus Lines Insurance Multi-State Compliance Compact. To Insurance. HB 1536 (By Eiland), Relating to the creation of DNA records for the DNA database system. To Homeland Security and Public Safety. HB 1537 (By Eiland), Relating to the reporting of criminal offenses to prosecuting attorneys, to any failure by law enforcement agencies to properly consider those reports, and to allegations regarding a law enforcement officers’ corruption or abuse of power. To Criminal Jurisprudence. HB 1538 (By Pickett), Relating to certain fees imposed in connection with the operation of overweight and oversize vehicles. To Transportation. HB 1539 (By Hochberg), Relating to state ownership of school textbooks. To Public Education. HB 1540 (By Aliseda), Relating to the hours of sale for liquor. To Licensing and Administrative Procedures. HB 1541 (By McClendon), Relating to the prevention of automobile burglary and theft. To Transportation. HB 1542 (By Schwertner), Relating to street repair and maintenance by a municipal utility district. To Natural Resources. HB 1543 (By Schwertner), Relating to the eligibility of the surviving spouse of an elderly or disabled person to receive a limitation of school district, county municipal, or junior college district ad valorem taxes on the persons’ residence homestead. To Ways and Means. HB 1544 (By Hunter), Relating to the design of specialty license plates issued to members and former members of the United States armed forces. To Defense and Veterans’ Affairs. HB 1545 (By Lewis), Relating to the authority of certain political subdivisions to change the date of their general elections. To Elections. HB 1546 (By Larson), Relating to the regulation of dangerous wild animals. To Culture, Recreation, and Tourism. HB 1547 (By Larson), Relating to the desired future conditions of groundwater resources within groundwater management areas. To Natural Resources. HB 1548 (By Sheets), Relating to adding certain synthetic substances to penalty Group 2 of the Texas Controlled Substances Act. To Criminal Jurisprudence. HB 1549 (By C. Howard), Relating to certification and continuing education requirements for certain public education administrators. To Public Education. HB 1550 (By Aycock), Relating to participation in state travel service contracts by open-enrollment charter schools. To Public Education. HB 1551 (By Aycock), Relating to the power of the Bell County Water Control and Improvement District No. 1 to issue bonds. To Natural Resources. HB 1552 (By Madden), Relating to the monitoring of and the provision of certain information regarding certain high-risk sex offenders. To Corrections. HB 1553 (By Larson), Relating to citizenship information reported by persons, including state agencies, political subdivisions of this state, nonprofit organizations, and public and private entities, who receive local or state money to provide services. To State Affairs. HJR 99 (By Ritter), Proposing a constitutional amendment authorizing the legislature to exempt from ad valorem taxation real property leased to certain schools organized and operated primarily for the purpose of engaging in educational functions. To Ways and Means. HJR 101 (By Schwertner), Proposing a constitutional amendment to allow the surviving spouse of a disabled person to receive a limitation on school district ad valorem taxes on the persons’ residence homestead if the spouse is 55 years of age or older at the time of the persons’ death. To Ways and Means. Pursuant to Rule 1, Section 4 of the House Rules, the chair corrects the referral of the following bills and resolutions: HB 1386 (By Coleman), Relating to the public health threat presented by youth suicide and to the prevention of associated discrimination, harassment bullying, and cyberbullying. To Public Health. HR 557 (By Larson), Granting the Texas College Republicans permission to use the house chamber on March 24, 2012.
SPEAKER OF THE HOUSE: Members, the House stands adjourned until 10:00 a.m. tomorrow.
