JOE STRAUS: The House will come to order. Members, please, register. Have all registered? Have all registered? Quorum is present. The House and gallery will, please, rise for the invocation and the Chair recognizes Representative Keffer to introduce our pastor of the day.

REPRESENTATIVE JAMES L. KEFFER: Thank you, Mr. Speaker. It is my pleasure to introduce William Eudy. William has been involved in full-time ministry for 22 years serving churches in Graford, Levelland and Mineral Wells. William is currently the preaching minister at the Southside Church of Christ in Mineral Wells where he has been for nine years. He is also chaplain and firefighter for the Mineral Wells Volunteer Fire Department. Mr. Eudy.

MINISTER WILLIAM EUDY: Let's pray together. Father, we thank you for the beauty of this day you have given us to serve you. Serving the people around us makes us more greatful to you for all that you have done for us. There's no way we can thank you enough for the privilege we enjoy of living in the land of the free and home of the brave. And Father, you've given as a tremendous opportunity to live in a great state filled with great people and all of us in this room understand that we are honored people. People who have the benefit of serving others. Father, here in this House this morning we pray that these honorable servants of yours will be granted wisdom and grace as they seek to make the right decisions. We pray that you'll give them guidance as they make choices that will benefit not just our generation but generations to come. Please, give them vision and insight and knowledge that only comes from you. Father, we also ask for your protection and peace upon all of our armed forces who serve so bravely to protect our freedom here at home and abroad. Please help us to preserve the unity that your son died for us to have. Father, there are many in this room today who are committed to you through various acts of service, through the fire service. We remember their loving sacrifice and their commitment that goes beyond the call of duty. Father, please, protect them with your grace. We are mindful of all the retired teachers that are here today and, Father, we thank you for the sacrifice that they continually give to serve the children of our world. Father, we pray these things desiring to follow your example of love and grace. It's in the precious name of your son that we pray these things. Amen.

JOE STRAUS: Chair recognizes Representative Lyne to lead us in the pledge.

REPRESENTATIVE LANHAM LYNE: We welcome all the guests with us today especially our retired teachers who are in red and our firefighters. Will you, please, join us in the pledge to the United States and to the State of Texas. Pledge to the United States flag. Pledge to the Texas flag.

JOE STRAUS: Excuse Representative Eiland because of family business on the motion of Representative Landtroop. Is there objection? Chair hears none. So ordered. Representative Lyne moves to suspend the reading and referral of bills until the end of today's business. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Christian to introduce our doctor of the day.

REPRESENTATIVE WAYNE CHRISTIAN: Thank you, Mr. Speaker, members. It's my honor to introduce today our physician of the day, Dr. Keith Miller from Center, Texas; my personal physician for years. I'm a great example of healthy living through Keith Miller's physician practice there in Center and he's also served on our Texas Medical Board. He has contributed a lot to our political environment and what happens and some of the good legislation has passed in the years past. So we appreciate Keith for being here. And also his guest is Rich *Shirley a medical student from San Antonio, Mr. Speaker. And we're hoping to minus your district, Mr. Speaker, one person when he comes to serve and is a medical doctor, hopefully, we're trying to recruit in deep east Texas but if you'd make Mr. Shirley and Dr. Miller welcome today I'd appreciate it.

JOE STRAUS: Madam doorkeeper.

MADAM DOORKEEPER: Mr. Speaker, I have a messenger from the Senate at the door of the House.

JOE STRAUS: Admit the messenger.

MESSENGER: Mr. Speaker, I'm directed by the Senate to inform the House that the Senate is taking to following action --

JOE STRAUS: The Chair recognizes Representative Taylor for a motion.

REPRESENTATIVE VAN TAYLOR: Mr. Speaker, members, I move we suspend all necessary rules to take up HCR 118 honoring Congressman Sam Johnson who is graced us with his presence in this chamber today.

JOE STRAUS: Members, you have heard the motion. Is there objection. Chair hears none. So ordered. Chair lays out HCR 118. The clerk will read the resolution.

CLERK: HCR 118 by Taylor of Collin. WHEREAS, The Honorable Sam Johnson, a member of the United States House of Representatives, commemorated on February 17, 2011 the 38th anniversary of his homecoming from Vietnam, where he endured nearly seven years as a Prisoner of War; and WHEREAS, This highly decorated war hero served his country for 29 years as an officer in the U.S. Air Force; raised in Dallas he joined the military at the age of 20, shortly after graduating from Southern Methodist University, and completed 62 combat missions as a fighter pilot during the Korean War; he subsequently flew with the elite Air Force Thunderbirds and directed the Air Force Fighter Weapons School; and WHEREAS, Congressman Johnson served two tours of duty in Vietnam; on April 16, 1966, during his second tour, he was shot down over North Vietnam while flying his 25th combat mission; ejecting from his plane, he sustained a dislocated shoulder, broken arm, and broken back; and WHEREAS, After his capture, Lieutenant Colonel Johnson was held at the notorious "Hanoi Hilton" prison camp, where he survived 72 days in leg stocks and 2-1/2 years in leg irons, as well as severe beatings and starvation; identified by his captors as a "die-hard" because of his refusal to cooperate, he was placed in solitary confinement for 3-1/2 years; his ordeal finally ended with his release from prison on February 12, 1973; he later wrote about his experiences as a Prisoner of War in his book Captive Warriors: A Vietnam POW's Story, which was published in 1992; and. WHEREAS, Congressman Johnson retired from the Air Force with the rank of Colonel in 1979; among the many military awards he received were two Silver Stars, two Legions of Merit, the Distinguished Flying Cross, one Bronze Star with Valor, two Purple Hearts, four Air Medals, and three Outstanding Unit Awards; and WHEREAS, Following his return to civilian life, Congressman Johnson established a home-building business and served for seven Years in the Texas House of Representatives; since 1991, he has Represented the Third District of Texas in the U.S. Congress, where he is a member of the Committee on Ways and Means and the chairman of The Social Security Subcommittee; a dedicated advocate for the men and women in the military, he was named by his peers in 2009 as the "most admired" Republican in the U.S. House of Representatives; and WHEREAS, In all of his endeavors, Sam Johnson has enjoyed the love and support of his wife, Shirley; the couple have been blessed With 3 children and 10 grandchildren; and WHEREAS, A distinguished patriot, Congressman Johnson continues to represent his country with extraordinary honor and dedication, and he is truly worthy of special recognition for his service; now, therefore, be it RESOLVED, That the 82nd Legislature of the State of Texas hereby honor Congressman Sam Johnson on the 38th anniversary of his homecoming from Vietnam and extend to him sincere appreciation for his deep devotion to this country and to the cause of freedom; and be it further. RESOLVED, That an official copy of this resolution be prepared for Congressman Johnson as an expression of high regard by The Texas House of Representatives and Senate.

REPRESENTATIVE VAN TAYLOR: Mr. Speaker, members, it's a great honor that we have Congressman Sam Johnson here who is not only a 30 year veteran of the United States Air Force winner of Distinguished Flying Cross, and a survivor of the "Hanoi Hilton" which is surely one of the greatest military challenges for any military person in the Twentieth Century. He is a hero, he is a patriot, and we're proud to call him one of our own. He sat in the seat that I now sit in representing the people of Plano here in the Texas House as a member of the legislature. We're blessed to have him as a member of Congress. Ladies and gentlemen, please, honor the great and honorable Sam Johnson. Move adoption.

JOE STRAUS: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Mr. Sheets and Mr. Madden move to add all members' names. Is there objection? Chair hears none. So ordered.

REPRESENTATIVE ERWIN CAIN: Chair recognizes Representative Hunter for a motion.

REPRESENTATIVE TODD HUNTER: Mr. Speaker, members, I move to suspend all necessary rules to allow the Committee on Calendars to consider setting a calendar at 10:20 a.m. today March 23rd, 2011, place is 3W15, 3W15. And Mr. Speaker, members, I also request permission for the Committee on Calendar to meet while the House is in session at 10:20 a.m. today March 23rd, 2011, 3W15 to consider a calendar.

REPRESENTATIVE ERWIN CAIN: Members, you've heard the motion. Are there any objection? Chair hears none. Motions prevail. Following announcement. The clerk will read the announcement.

CLERK: The Committee on Calendars will meet at 10:20 a.m. today, March 23rd, 2011, at 3W.15. This is will be a meeting to consider setting a calendar.

REPRESENTATIVE ERWIN CAIN: Chair recognizes Representative Eissler.

REPRESENTATIVE ROB EISSLER: Thank you, Mr. Speaker, members, like to move to suspend all necessary rules to take up and consider House Resolution 1012.

REPRESENTATIVE ERWIN CAIN: Members, you heard the motion. Is there any objection? Chair hears none. So ordered. Chair lays out the following resolution. The clerk will read the resolution.

CLERK: HR1012 by Eissler. Recognizing March 20th through 26th, 2011 as Early College High School Week.

REPRESENTATIVE ERWIN CAIN: Chair recognizes Representative Eissler.

REPRESENTATIVE ROB EISSLER: Thank you, Mr. Speaker. As was mentioned this is Early College High School Week which is kind of confusing if you listen to that but blending high school and college curricular, early college high schools, you know, offer traditionally underserved students with both high school and college curricula. And Texas serves more than 10,000 students in 44 early college high schools and five blended early college high schools academy in STEM which is science, technology, engineer, and math. And it's a great start. Gets our kids ready for college who normally wouldn't be thinking about it as much but they start from high school and it's a great opportunity. We have some students with us today in the gallery. If you'll, please, stand so we can recognize you from the early high school. Oh, they're up here over my left shoulder. Thank you. Thank you and Mr. Speaker, I move adoption.

REPRESENTATIVE ERWIN CAIN: Members you've heard the motion. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Dukes.

REPRESENTATIVE DAWNNA DUKES: Thank you, Mr. Speaker, members. I'd like to suspend all necessary rules to take up and consider SCR 28 and SCR 29 recognizing Dr. Joe E. Gonzalez and the Austin Can Academy.

REPRESENTATIVE ERWIN CAIN: Members you've heard the motion. Is there any objection? Chair hears none. So ordered. Chair lays out the following resolutions. The clerk will read the resolutions in full.

CLERK: SCR 28 by Watson. WHEREAS, The Legislature of the State of Texas is pleased to recognize Dr. Joe E. Gonzales, who is serving his final year as Principal of Austin Can! Academy, an open enrollment, dropout recovery charter high school serving at-risk students in Travis County; and. WHEREAS, Since Dr. Gonzales began serving as principal of Austin Can! Academy in July of 2007, the school has moved consistently in a positive direction; enrollment increased from 88 Students to 415; attendance rates increased from 70 to 87 percent and graduation rates increased three years in a row; and WHEREAS, The academy's college readiness program has also seen substantial increases in the number of students enrolled in college and in the amount of financial aid they receive; and WHEREAS, Dr. Gonzales earned a doctorate in education from Wayne State University in Detroit, Michigan, in 1990, and he has Served with distinction as a superintendent of schools in Texas and Michigan for more than 12 years; throughout his highly successful career in education, Dr. Gonzales has also been a leader in civic and academic associations, and he has received numerous awards and commendations for his many accomplishments; now, therefore, be it RESOLVED, That the 82nd Legislature of the State of Texas hereby commend Dr. Joe E. Gonzales for his outstanding career in education and for his many contributions to the success of Austin Can! Academy; and, be it further RESOLVED, That a copy of this resolution be prepared for him as an expression of high regard from the Texas Legislature. SCR29 by Watson. WHEREAS, The Legislature of the State of Texas is pleased to Recognize Austin Can! Academy, a dropout recovery charter high School serving at-risk students of Travis County; and WHEREAS, Austin Can! Academy was established to give local students a second chance to succeed in their education; 95 percent Of the student population at Austin Can! Academy is considered at-risk and 95 percent of the students are economically disadvantaged; 33 percent of the students have limited English proficiency and 25 percent are in special education classes; and WHEREAS, The academy has been rated an academically Acceptable school by the Texas Education Agency; the school's many partners in the community include the Austin Symphony Orchestra The League of United Latin American Citizens, the Rotary Club Austin Community College, and The University of Texas School of Social Work; and WHEREAS, The success of the school is reflected in the growth Of its number of graduates; five students graduated in 2003, and in 2010, 62 students graduated; in addition, during the tenure of its Principal, Dr. Joe Gonzales, there has been an 80 percent increase in college enrollment; and WHEREAS, Austin Can! Academy is a valuable asset to the City Of Austin and Travis County; through its relationship-based education and training, it provides its students with the opportunity to earn a high school diploma and make a new start in life; now, therefore, be it RESOLVED, That the 82nd Legislature of the State of Texas hereby commend the teachers, staff, administrators, and community partners of Austin Can! Academy for their efforts to help the young people of Travis County achieve a high school education; and, be it further RESOLVED, That a copy of this resolution be prepared for Austin Can! Academy as an expression of esteem from the Texas Legislature.

REPRESENTATIVE ERWIN CAIN: Chair recognizes Representative Dukes.

REPRESENTATIVE DAWNNA DUKES: Thank you, Mr. Speaker and members. It is my pleasure to welcome Dr. Joe E. Gonzalez principal at Austin Can! Academy a drop out recovery charter school serving at risk students on Austin's east side with a student body that is 95 percent economically disadvantaged. 95 percent at risk. Under the leadership of Dr. Gonzalez Austin Can! Academy has steadily raised accountability scores across the board and has dramatically increased graduation rates and college enrollment for its graduates. A former drop out student and son of migrant farmer workers Dr. Gonzalez has done it all. Beginning his first year in education as a bus driver and janitor, Dr. Gonzalez worked to continue his education. Eventually becoming superintendent of McAllen and San Angelo School districts. We in Austin are grateful Dr. Gonzalez came out of retirement to lead Austin Can! to success for the past four years capping 49 great years in education. Austin CAN! became academically acceptable two years ago and has maintained it's status. And Dr. Gonzalez was featured on NBC Nightly News making a difference segment in November. Dr. Gonzalez is serving in his final year at Austin Can! Academy and he is deserving of recognition in his efforts and accomplishments in educating students here in Texas. Dr. Gonzalez may be from Michigan but his heart sure must be from Texas. First I would like to ask Dr. Gonzalez to, please, stand. Welcome to the Texas House, your house. And next I would like to have all the guests of the Austin Can! Academy who are here this morning to stand with Dr. Gonzalez. Mr. Speaker and members, let's give a hearty Texas commendation to Dr. Gonzalez and the hard working staff and administrators of the Austin Can! Academy. Thank you so much for being here and welcome to your House. I move adoption.

REPRESENTATIVE ERWIN CAIN: Members, you've heard the motion. Is there any objection? Chair hears none. Resolution is adopted. Chair recognizes Representative Truitt.

REPRESENTATIVE VICKI TRUITT: Thank you, Mr. Speaker and members. I move to suspend all necessary rules to take up and consider House Resolution 828 recognizing this week as Texas Retired Teachers Week.

REPRESENTATIVE ERWIN CAIN: Members you've heard the motion. Are there any objection? Chair hears none. Rule are suspended. Chair lays out Resolution 828. Clerk will read the resolution.

CLERK: HR828 by Truitt. WHEREAS, The Texas House of Representatives takes pride in its public educators, who provide an invaluable service to the people of Texas; and WHEREAS, The Texas Retired Teachers Association is the largest association for retired public school and higher education employees in the nation; and WHEREAS, The members of this notable group continually work to improve their local communities, and in 2010 they donated more than 5.8 million hours of their time as volunteers, equivalent to a value of more than $121 million; to promote literacy and lifelong learning, they have provided more than a half-million books to schoolchildren through the Children's Book Project, including more than 120,000 in 2010; and WHEREAS, Conscious of the effect their health has on the world around them, members of the association work to preserve the TRS-Care program by reducing doctor visits with the Walks-A-Million initiative, in which during 2010 they collectively took more than 23 billion steps toward greater wellness; and WHEREAS, Retiree annuity payments from the Teacher Retirement System of Texas have exceeded $6 billion, directly creating 91,500 jobs in the Lone Star State; and WHEREAS, The Texas Retired Teachers Association and its membership of nearly 70,000 are working diligently to protect current and future public education retirees; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby recognize March 21 through 25, 2011, as Texas Retired Teachers Week; and, be it further RESOLVED, That an official copy of this resolution be Prepared for the Texas Retired Teachers Association as an expression of high regard by the Texas House of Representatives.

REPRESENTATIVE ERWIN CAIN: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Representative Patrick moves to add all members' names to the resolution. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Truitt.

REPRESENTATIVE VICKI TRUITT: Mr. Speaker, members, this resolution provides an opportunity for this body to show our appreciation for our retired public educators who have provided an invaluable service to the people of this great state. We have some very special guests joining us today both in the gallery and on the dais. And we have TRTA representatives on the dais, Tim Lee, the Executive Director; Mr. Bill Barnes, TRTA Legislative Coordinator; Carlos Ortiz, State Legislative Chairman for District 20; Mrs. Francis Plemmons, Secretary/ Treasurer; and last but not least, my constituent and good friend, Bill Skinner, a TRTA member and a dear friend. And joining us in the gallery are several members of TRTA that have taken the time to come to Austin to be with us today. I especially want to welcome those of you who are here from my district and I'd ask you-all to stand up and be recognized. Thank you very much for being here. Members TRTA has a membership base of approximately 70,000 retirees that continually work to improve their local communities throughout the State. In 2010 TRTA members selflessly gave approximately 5.8 million hours of volunteer service. Equivalent to a value to more than $121 million for this and the many other things they do we are all forever indebted to them, to you. TRTA members will be visiting our offices this afternoon and I encourage you and your staff to take the time to visit with them. Additionally I want to share with you a couple of events that they have planned for today. From 12:30 to the 2:30 p.m. TRTA will be hosting an old fashion ice cream social on the east lawn and everyone is welcome to attend that. And at 1:00 p.m. they'll be holding a rally on the south steps of the Capitol and if at all possible, please, try to make that. TRTA members we owe you a great debt of gratitude. Thank you for what you have done for our children. Thank you for what you have done for us. We understand what you are going through. We are listening we are getting -- we're getting your hundreds of letters. We are reading them, we are hearing what you say. And, please, know that together we're going to get through this. Mr. Speaker and members, thank you very much for your consideration and I move adoption.

REPRESENTATIVE ERWIN CAIN: Members you've heard the motion. Are there any objections? Chair hears none. So ordered. Chair recognizes Mr. Lozano for what purpose.

REP. JOSE MANUEL LOZANO: Mr. Speaker, I move that all Representative Truitt's comments be reduced to writing and placed on the record.

REPRESENTATIVE ERWIN CAIN: Members, you heard the motion. Are there any objections? Chair hears none. So ordered. Chair recognizes Representative White.

REPRESENTATIVE JAMES WHITE: Mr. Speaker, thank you very much. I move to suspend -- Mr. Speaker, I move to suspend all necessary rules to take up and consider House Resolution 812 which has been previously adopted in honor of Texas Forestry Day.

REPRESENTATIVE ERWIN CAIN: Members, you've heard the motion. Are there any objections? Chair hears none. So ordered.

REPRESENTATIVE JAMES WHITE: Thank you, Mr. Speaker. Members today I'm joined by my fellow colleagues Representatives Lavender, Hughes, Cain, Christian, Flynn, Otto, and Beck to recognize one of Texas' most important natural resources and one of our most critical industries. The Texas forestry sector consists of 12 million acres of commercial forest and is located in 43 counties in east Texas. The wood base industry continues to be one of the top ten manufacturing sectors in the state. The forest sector is one of the two largest manufacturing employers in 25 of the 43 east Texas counties. Our forest sector makes a substantial economic impact to the State's economy by directly contributing $19.4 billion in industry output to the Texas economy. And directly employing over 78,350 people with a payroll of $4.4 billion. The total economic impact of the Texas forest sector is $33 billion in industry output, $14.1 billion in value added, 8.6 billion in labor income, and a total of over 166,000 jobs for Texans. The Texas Forest Association serves and supports the diverse interests of the Texas forestry sector. The Texas Forestry Association is one of our states strongest supporters of private property rights. Texas Forestry Association with 3,000 members that grow, manage, and harvest and process our forest resources. Each year in Texas family forest owners and the forest industry plant 100 million seedlings or about 4 trees for every one Texan. And today at the Capitol the Texas Forestry Association is sponsoring a seedling give away. So, everybody make sure you go out there and take home a tree in your trunk or your back seat tonight. Members, will you join me in welcoming the president of the Texas Forestry Association, Thom Karels, who is with us in the gallery today along with the other members that have joined us today. Could you, please, stand. Thank you very much. Thank you very much. Mr. Speaker, we'll like to move that all members' names be added to the motion.

REPRESENTATIVE ERWIN CAIN: Representative White, Representative Christian move that all names be added to the resolution. Are there any objections? Chair hears none. So ordered.

REPRESENTATIVE JAMES WHITE: Mr. Speaker, members, thank you very much.

REPRESENTATIVE ERWIN CAIN: Members this is a memorial resolution, please, take your seats. Chair recognizes Representative Giddings.

REPRESENTATIVE HELEN GIDDINGS: Thank you, Mr. Speaker and members. I along with all of the members of the North Texas delegation would like to move to suspend all necessary rules and take up and consider House Resolution 147 honoring Dan Petty.

REPRESENTATIVE ERWIN CAIN: Members you have heard the motion. Is there any objections chair hears none so ordered. Chair lays out House resolution 147.

CLERK: HR 147 by Giddings. WHEREAS, Residents of North Texas lost a beloved neighbor and an admired community leader with the passing of Dan S. Petty of Dallas on January 11, 2011, at the age of 71; and. WHEREAS, A native of Texarkana, Mr. Petty attended The University of Texas at Austin on a football scholarship, graduating With a bachelor's degree in civil engineering; he went on to earn Master's degrees in government administration from the Fels Institute of Government at the Wharton School of the University of Pennsylvania, in public administration from UT, and in electronic Commerce from the University of Dallas; and WHEREAS, Mr. Petty contributed to his fellow citizens through a lifetime of purposeful endeavor; he held such public service positions as assistant city manager of Lubbock and Dallas, director Of urban affairs for the North Central Texas Council of Governments, director of public affairs for The University of Texas, and executive assistant to Governor Preston Smith; and WHEREAS, The wise counsel of Mr. Petty further benefited the Dallas Chamber of Commerce, which he served as president, as well as The Dallas Convention and Visitors Bureau, Texas Economic Development Council, State Fair of Texas, and Cotton Bowl Athletic Association; in addition, as a member of the Super Bowl Bidding Committee, he played an instrumental role in bringing the 2011 Super Bowl to North Texas; and WHEREAS, Mr. Petty's distinguished career included tenures as president of Henry S. Miller/Grubb & Ellis Commercial Realtors The Woodbine Development Corporation/Hunt Realty Services, and Wilcox Realty Group; for nearly two decades, he led the North Texas Commission, serving as president and CEO of the nonprofit group that unites businesses, municipalities, chambers of commerce, and higher education institutions to network and collaborate in addressing regional topics and issues; and WHEREAS, Active in a number of worthwhile civic Organizations, Mr. Petty shared his time with the Museum of African-American Life and Culture, American Cancer Society, Cattle Baron's Ball, Dallas Area Rapid Transit, Kindness Foundation, and Dallas County Children's Services Task Force; moreover, he paid Tribute to our nation's troops by helping to create the Welcome Home A Hero program at DFW International Airport; and WHEREAS, This esteemed Texan earned many accolades for his dedicated service; named a Texas High School Distinguished Alumnus he was also honored with the Dreamers, Doers and Unsung Heroes Award, William J. Pitstick Regional Excellence Award, and Award for Excellence in Community Service; and WHEREAS, In all of his endeavors, Mr. Petty enjoyed the support of a loving family that included his wife, Mary Jane, his children, Adrienne and Kent, his stepchildren, Maggie and Robert and his seven grandchildren; and WHEREAS, Known for his vision, honesty, and unflagging generosity, Dan Petty made a positive difference in the lives of countless people, and he leaves behind a legacy that will continue to resonate for many years to come; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby pay tribute to the memory of Dan S. Petty and Extend sincere sympathy to the members of his family: to his wife Mary Jane Petty; to his children, Adrienne Watson and her husband Chas, and Kent Petty and his wife, Jennifer; to his stepchildren Maggie Culbertson and her husband, Geoff, and Robert Riley; to his Seven grandchildren; and to his other relatives and many friends; And, be it further. RESOLVED, That an official copy of this resolution be prepared for his family and that when the Texas House of Representatives adjourns this day, it do so in memory of Dan S. Petty.

REPRESENTATIVE ERWIN CAIN: Chair recognizes Representative Giddings.

REPRESENTATIVE HELEN GIDDINGS: Thank you very much, Mr. Speaker. We are indeed honored to have with us today members of Dan's family as we pause to honor his memory. I would like to introduce to you -- present to you his wife, Mary Jane Petty, his daughter, Adrienne Watson, and his colleague, Don Miller. Chair lays out House Resolution 857. The clerk will read the resolution.

CLERK: HR857 by King of Taylor. WHEREAS, March 23, 2011, is Parent Association for the Retarded of Texas Day at the State Capitol, and the occasion provides a fitting opportunity to honor the association for its outstanding work on behalf of persons with mental retardation; and WHEREAS, The Parent Association for the Retarded of Texas is an organization of volunteers who are dedicated to preserving, improving, and expanding services for persons with mental retardation in our state; the association promotes quality services For state school residents, the mentally retarded in the state center system, and mentally retarded residents in the community; And WHEREAS, The dedicated members of the Parent Association for The Retarded of Texas present the parents' viewpoint to the Department of Aging and Disability Services, the state legislature Congress, and the general public; and WHEREAS, This association is well known for the support it offers to state school employees and its advocacy of new programs to Meet the unique needs of the retarded; and WHEREAS, Members of the Parent Association for the Retarded Of Texas have been prominently involved in the development of programs for persons with mental retardation since the 1950s, and they have fought vigorously for improved state schools, state Centers, special education, and community mental health and mental retardation centers; and WHEREAS, Today, the Parent Association for the Retarded of Texas continues to protect the mentally retarded people of Texas and tenaciously places responsibility on caregivers to maintain standards for quality care; the organization addresses such issues as fiscal accountability and special population needs; and WHEREAS, The services provided by the Parent Association for The Retarded of Texas have been vital to the welfare of both children and adults with mental retardation in our state, and members of the association are truly worthy of legislative recognition for their exceptional efforts and outstanding accomplishments; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby recognize March 23, 2011, as Parent Association For the Retarded of Texas Day at the State Capitol and extend to the Members of the association best wishes for a meaningful and memorable event; and, be it further RESOLVED, That an official copy of this resolution be Prepared for the Parent Association for the Retarded of Texas Incorporated, as an expression of high regard by the Texas House of Representatives.

REPRESENTATIVE ERWIN CAIN: Chair recognizes representative King of Taylor.

REPRESENTATIVE SUSAN KING: Thank you Mr. Speaker and members, I move adoption.

REPRESENTATIVE ERWIN CAIN: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered.

REPRESENTATIVE SUSAN KING: Members I would like for you to look up here in the gallery those individuals that are standing. These are people that are standing in the gap, standing with their hearts and minds, resources and every other way to support their family members who did not chose to be where they are today. Whether they are in a state supported living center, a group home, at their own home, whatever, these people are the parents of retarded Texans. Now let me just say, this is historically been the name for over 50 years and, yes, we know that the politically correct term is now going to be IDD, intellectual disability disorder, but today we have the individual with their yellow roses from Parks. Thank you for your support of your family members. You are in a position of courage that many of us have not been and I want to bring up my two friends here that are from my district. These are young children that are competing in UIL Academic Competition from Roscoe, Texas, Katy and Kevin *Toeha. These are students that are not in the state supported living center. Do you understand what that is? It's a special place where people that are greatly loved but may not be able to compete in an academic competition. Is that fair? Is it right? That's way beyond my knowledge to know that but I will say, welcome to your Capitol, to your House. Thank you for your advocacy, for your family members. It's always a tough fight; isn't it? When we don't have the funds and the money to do everything we'd like to do. But in a society where there are infinite needs and finite resources we must work together for the betterment of all citizens in the best way we can. Thank you for being here. Please, recognize the members of PART honoring their members today. One more person from my district is here, Dr. David Perkins. Whose daughter is a resident on the campus community of Abilene Supported Living Center. He has his PH.d in accounting from Abilene Christian University and he and Jessica and their family are great advocates for this wonderful group of people. Thank you, David, for being here and Susan *Pain and others. Thank you.

REPRESENTATIVE ERWIN CAIN: Chair recognizes Representative Patrick.

REP. DIANE PATRICK: Mr. Speaker, I move to suspend all necessary rules and take up and consider HR240.

REPRESENTATIVE ERWIN CAIN: Members, you've heard the motion. Are there any objections? Chair hears none. So ordered. Members this is a memorial resolution, please, take your seats or your conversation outside the rail. Chair lays out House Resolution 240. The clerk will read the resolution.

CLERK: HR240 by Patrick. WHEREAS, The city of Arlington lost one of its most influential leaders with the passing of former Mayor Tom J. Vandergriff on December 30, 2010, at the age of 84; and WHEREAS, Born in Carrollton on January 29, 1926, Tom Vandergriff moved to Arlington when he was 11; after earning a Degree from the University of Southern California in 1947, he returned home and went to work at the family car dealership; he also joined the Arlington Chamber of Commerce and assumed the presidency Of that organization at the age of 23; and WHEREAS, Two years later, in 1951, Mr. Vandergriff ran for Mayor and won; he went on to be reelected 12 times, spending a total Of 26 years in office and leading the city through more than a quarter-century of dramatic progress and great change; he is Credited with bringing numerous businesses to Arlington, including a General Motors plant and Six Flags Over Texas; in addition, he presided over the creation of Lake Arlington and worked to have Arlington State College made a part of The University of Texas System; and WHEREAS, Mayor Vandergriff was perhaps proudest of his efforts to attract a major league baseball team to Arlington, which came to a successful conclusion when he threw out the first pitch at the Texas Rangers' opening game on April 21, 1972; his interest in the ball club was such that he served as one of its broadcasters for a time, and he was inducted into the Texas Rangers Baseball Hall of Fame in 2004; and WHEREAS, During his tenure as mayor, this dedicated elected Official saw Arlington grow from 8,000 to more than 120,000 residents; despite his many responsibilities, he still made time to answer his own phone and mail, return all calls, and perform marriage ceremonies; and WHEREAS, Mr. Vandergriff stepped down as mayor in 1977 but returned to public service after being elected to the U.S. House of Representatives in 1982 by the voters of the state's 26th Congressional District; he later distinguished himself as Tarrant County judge from 1991 to 2007, continuing to put his expertise to work in behalf of his fellow citizens; and WHEREAS, Widely respected for his tireless perseverance and ability to rise above partisan politics, "Mr. Arlington," as he was known, served as the chair of numerous civic organizations, on the boards of many community and governmental entities, and as a member Of President Johnson's White House Commission on Urban Problems in the late 1960s; and WHEREAS, In all of his endeavors, he enjoyed the love and Support of his wife, Anna Waynette Vandergriff, whom he originally met in high school and married in 1949; they shared 60 rewarding years together before she passed away in 2009 and were the parents of five children; and, WHEREAS, The city of Arlington, now one of the 50 largest in The United States, greatly benefited from the vision, initiative and outstanding contributions of Tom Vandergriff, and his achievements will continue to influence the lives of North Texas Residents for years to come; now, therefore, be it. RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby pay tribute to the memory of the Honorable Tom J. Vandergriff and extend sincere condolences to the members of his family: to his children, Vanessa Watters and her husband, Mark Victor Vandergriff and his wife, Kristin, Valerie Kelton and her husband, Paul, and Viveca Vandergriff; to his grandchildren Kendell Kelton, Rachel Kelton, Katharine Vandergriff, Parker Vandergriff, and Caroline Vandergriff; to his sister, Virginia Deering; and to his other relatives and friends; and, be it further RESOLVED, That an official copy of this resolution be Prepared for his family and that when the Texas House of Representatives adjourns this day, it do so in memory of the Honorable Tom J. Vandergriff.

REPRESENTATIVE ERWIN CAIN: Chair recognizes Representative Patrick.

REP. DIANE PATRICK: Today our House of Representatives pays tribute to the memory of the honorable Tom Vadergriff. We have with us today on the dais members of his family that I'd like to recognize. His son Victor Vadergriff, Victor's wife the honorable Kristin Vadergriff; his son -- his daughter Valerie Kelton and her husband Paul; and we also have Victor and Kristin's son, Parker. We extend condolences to other members of his family that could not with be us today. And again it is our honor and privilege to be able to recognize such an esteemed and valued citizen from Arlington, Texas today on the House floor. And at this time I'd like to call on my colleague, Representative Todd Smith who has additional words to say.

REPRESENTATIVE ERWIN CAIN: Chair recognizes Representative Smith.

REPRESENTATIVE TODD SMITH: Mr. Speaker and members, as a 20-year-old undergraduate student at Southern Methodist University, I had one of the great privileges of my life and that was the opportunity to work as a congressional intern for Congressmen Tom Vadergriff in Washington D. C. and it was an experience for which I am eternally grateful. It was an experience that quite literally changed the course of my life. He was my hero, my mentor, it would take more time than we have this morning to list all of his accomplishments and all of his accolades. So let me just say that he was the finest public servant that I have ever known or will ever know and that is a complement that I can only give one time to one person. I love him. I miss him. I am eternally grateful for the influence that he has had on my life and it's an honor to be here today to honor him and his wonderful family. Thank you.

REPRESENTATIVE ERWIN CAIN: Chair recognizes Representative Patrick.

REP. DIANE PATRICK: I move passage of this memorial resolution in honor of Mr. Tom Vadergriff affectionately known as "Mr. Arlington."

REPRESENTATIVE ERWIN CAIN: Members, this is a memorial resolution. All in favor, please, rise. The resolution is unanimously adopted. Representative Anchia and Representative Nash move that all names -- all members' names be added. Is there any objection? Chair hears none. So ordered.

REPRESENTATIVE ERWIN CAIN: Chair recognizes Representative Burkett.

REPRESENTATIVE CINDY BURKETT: Thank you, Mr. Speaker. I move to suspend all necessary rules to take up and consider House Resolution 739 in honor of the City of Sunnyvale.

REPRESENTATIVE ERWIN CAIN: Members, you've heard the motion. Are there any objections? Chair hears none. So ordered. Chair lays out the following resolution. The clerk will read the resolution.

CLERK: HR739 by Burkett. WHEREAS, Proud citizens of Sunnyvale are gathering in Austin to celebrate Sunnyvale Day at the State Capitol on March 23, 2011; And WHEREAS, Located approximately 15 miles east of downtown Dallas, Sunnyvale balances the convenience of suburban living with the relaxed pace of the country; and. WHEREAS, The town dates back to the mid-19th century, when homesteaders settled the Long Creek hamlet; nearby New Hope later became a center of rural commerce when a store was built there in 1885; these two communities, along with Hattersville and Tripp Merged in 1953 to form Sunnyvale; and WHEREAS, Sunnyvale is bordered to the east by the 22,745-acre Lake Ray Hubbard, which offers fishing, waterskiing, sailboating Picnicking, and swimming and is enjoyed year-round by visitors and residents alike; and WHEREAS, To accommodate its rising population that now numbers more than 5,000, Sunnyvale opened a new 110,000-square-foot High school in August 2009, thanks to the generosity of voters who approved a $25 million bond package, and the Sunnyvale Independent School District is commemorating its first graduating class in 2011; and WHEREAS, This charming town is an outstanding place in which to live, work, and raise a family, and its citizens may indeed take great pride in their heritage and ongoing achievements; now therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby recognize March 23, 2011, as Sunnyvale Day at The State Capitol and extend best wishes to the members of the visiting delegation for an enjoyable and memorable stay in Austin.

REPRESENTATIVE ERWIN CAIN: Chair recognizes Representative Burkett.

REPRESENTATIVE CINDY BURKETT: Thank you Mr. Chair. Members, I'd like y'all to help us welcome our delegation from Sunnyvale. In the back while we have the mayor of Sunnyvale David Byrd. David, can you stand and wave? Thank you. We have Sunnyvale 4A Development Corp., Mr. Larry Boyd; *Ms. Terry Shatner and Mr. David Carlile. And we have a number of other friends from Sunnyvale. If you're from Sunnyvale, please, stand up and be recognized. Y'all, Sunnyvale is known as one of the best kept secrets in the Dallas County area but our 4A board and our Chamber of Commerce is working hard on changing that. It's a great please to live, it's a good please to do business. And I would like do move adoption of House Resolution 739. If you guys would join me in declaring March 23rd Sunnyvale day at the State of Texas Capitol. Thank you.

REPRESENTATIVE ERWIN CAIN: Members you've heard the motion. Are there any objections? Chair hears none. So ordered.

REPRESENTATIVE CINDY BURKETT: Thank you, Mr. Speaker.

REPRESENTATIVE ERWIN CAIN: Chair recognizes Representative Keffer. Is Mr. Hardcastle on the floor of the House? Chair recognizes Representative Keffer.

REPRESENTATIVE JAMES L. KEFFER: Thank you, Mr. Speaker. I move to suspend all necessary rules to take up and consider HR979.

REPRESENTATIVE ERWIN CAIN: Members you've heard the motion. Are there any objections? Chair hears none. So ordered. Chair lays out House Resolution 979. The clerk will read the resolution.

CLERK: HR979 by Keffer. Commending the firefighters of Texas and paying tribute to the volunteer firefighters who have died in the line of duty.

REPRESENTATIVE ERWIN CAIN: Chair recognizes Representative Keffer.

REPRESENTATIVE JAMES L. KEFFER: Thank you, Mr. Speaker. I move adoption.

REPRESENTATIVE ERWIN CAIN: Members, you've heard the motion. Are there any objections? Chair hears none. So ordered. Chair recognizes Representative Keffer.

REPRESENTATIVE JAMES L. KEFFER: Thank you, Mr. Speaker. Today is firefighter legislative day at the State Capitol. And around gallery you'll see some men and women in uniform and we are paying tribute to the tireless and heroic action of all members of the Texas fire service. We especially honor one courageous volunteer firefighter, Captain Thomas Araguz, III, who died in the line of duty and whose name is being unveiled at the Volunteer Firefighter Monument on the Capitol grounds. His family is here today and to honor his memory. Are they with us? All right. They are not here with us today but his family is here and his name will be added to the monument on the Capitol grounds. And I have Representative Hardcastle Chairman of the Rural Caucus also to help celebrate this day.

REPRESENTATIVE ERWIN CAIN: Chair recognizes Representative Hardcastle.

REPRESENTATIVE RICK HARDCASTLE: Thank you, Mr. Speaker and members. You know, this time a year -- on this particular drought the year -- what a better time to honor the firefighters and some of them are still at home because the drought report for the state of Texas does not look good and the fire report the last four days has not been good. We've been lucky and not had any great big ones but the entire state is dry. So, members, if you join with me as we honor these firefighters in everything that they do every year for us.

REPRESENTATIVE JAMES L. KEFFER: Y'all, please, stand up so we can honor you -- firefighters today. Thank you very much for being here. And pray for rain. Move adoption.

REPRESENTATIVE ERWIN CAIN: Members you've heard the motion. Are there any objections? Chair hearing none. So ordered. Representative Anderson moves that all names be add today to resolution. Is there any objection? Chair hearing none. So ordered. Chair recognizes Representative Gonzalez.

REPRESENTATIVE LARRY GONZALES: Thank you, Mr. Speaker, members. I move that we suspend all necessary rules to take up and consider HR320.

REPRESENTATIVE ERWIN CAIN: Members, you've heard the motion. Are there any objections? Chair hearing none. So ordered. Chair lays out the following resolution. The clerk will read the resolution.

CLERK: HR320 by Gonzalez. WHEREAS, Proud residents of Hutto are gathering in Austin on March 23, 2011, to celebrate Hutto Day at the State Capitol; and WHEREAS, The area that is now Hutto was first settled in 1855 By Adam Orgain and James Emory Hutto, and its first businesses opened after the coming of the railroad in 1876; the town was incorporated in 1911 and is observing its centennial in July 2011; and WHEREAS, Situated on the rich black soil of southwestern Williamson County, this dynamic community perfectly balances its small-town charm with expanding retail opportunities and a growing park system; enjoying strong support from the town's residents Hutto's exceptional schools are growing at a rate of 20 percent each year; the school district is the only one in the United States to boast a hippo as its mascot; and WHEREAS, Hutto's amenities and ready access to the high-tech manufacturing, and service employers in Central Texas make it an excellent place to live; its population has soared from just 1,250 in 2000, and it has been cited as one of the fastest-growing communities in Texas; and WHEREAS, Hutto's educated workforce, highly motivated government, and welcoming business climate combine to make the area an ideal location for new enterprise; the winter 2008 issue of Southern Business & Development magazine recognized the town as one Of the Top 10 Edge Markets and as one of the 100 Best Major Markets In the South to locate your company; and WHEREAS, Building on their rich rural heritage and small-town Values of friendliness and industry, the people of Hutto are looking toward a bright future for their community and this state; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby recognize March 23, 2011, as Hutto Day at the State Capitol and extend to the town's delegation sincere best wishes for an enjoyable and productive visit.

REPRESENTATIVE ERWIN CAIN: Chair recognizes Representative Gonzalez.

REPRESENTATIVE LARRY GONZALES: Move adoption.

REPRESENTATIVE ERWIN CAIN: Members you've heard the motion. Are there any objection? Chair hearing none. So ordered. Chair recognizes representative Gonzalez.

REPRESENTATIVE LARRY GONZALES: Thank you, Mr. Speaker, members. I'd like to introduce you to the Hutto delegation that has joined us on the dais today. If you could raise your hands for me, please. The delegation mayor pro tem, Debbie Holland; Hutto ISD and Board President, Doug Gaul; Bryon Borcher, former chairman of the board of the Hutto area Chamber of Commerce; Glen Trubee, he serves as the Williamson County ESD No. 3 board president, and Ann Cano who serves on the Hutto Economic Corporation. We also have in the north gallery, if you'll stand, our folks from the city of Hutto are here today. Thank you guys for being here. I want to tell you a little bit about the -- three points about the city of Hutto guys: Hutto is the second fastest growing city in Texas, over a ten-year period members they have grown at a percentage rate of over 1100 percent. 1100 percent in ten years. They have also grown their chamber of commerce membership by 50 percent using a slogan "to support for our members toward greater success." And something important to all of us, I want to give credit to to superintendent Dr. Killian and his staff and for the people of the city of Hutto because in a very, very difficult time for our budget the schools and the community have come together with some very innovative ideas that have been featured on the New York Times, ABC news, and the AP. So, if your superintendents and school districts have some questions about what can be done at the local level I invite you to visit with our officials from the city of Hutto. Thank you very much.

REPRESENTATIVE ERWIN CAIN: Representative Craddick -- chair recognizes representative Craddick.

REPRESENTATIVE TOM CRADDICK: Members I move to suspend all necessary rules and bring up HCR114.

REPRESENTATIVE ERWIN CAIN: Members, you have heard the motion. Are there any objections? Chair hearing none. So ordered. Chair lays out the following resolution. The clerk will read the resolution.

CLERK: HCR114 by Craddick. Designating April 2011 as Distracted Driving Awareness Month in Texas.

REPRESENTATIVE ERWIN CAIN: Chair recognizes Representative Craddick.

REPRESENTATIVE TOM CRADDICK: Mr. Speaker, members, all this does is designate April 2011 as Distracted Awareness Month in Texas. I move adoption.

REPRESENTATIVE ERWIN CAIN: Members, you've heard the motion. Are there any objections? Chair hearing none. So ordered. Representative Phillips moves to add all members' names. Are there any objections? Chair hearing none. So ordered. Chair recognizes Representative Walle for an introduction.

REPRESENTATIVE ARMANDO WALLE: Thank you, Mr. Speaker. I'm standing here with Representative Carol Alvarado, also Representative Ana Luna Hernandez and also Representative Ken Legler, we'd like to make a special recognition to former member and actually Representative Alvarado and I's former boss Congressman Gene Green for the 29th Congressional District back in Harris County that represents north and east Harris County. And we're so glad to have him here on the floor and I will yield to my colleagues to make a recognition. But he is on the south side, Gene, if you would like to --

REPRESENTATIVE ERWIN CAIN: Chair recognizes Representative Alvarado.

REPRESENTATIVE CAROL ALVARADO: Thank you, Mr. Speaker, members. I'm pleased to be joined with my colleagues from the Houston, Harris County delegation and want to give a special welcome to my congressman. Somebody who has been a mentor to me and is also a friend. Good to see you, Gene. Thanks for being here.

REPRESENTATIVE ERWIN CAIN: Chair recognizes Representative Legler.

REPRESENTATIVE KEN LEGLER: Yes. Thank you very much. And members this is a bipartisan group. Actually Gene Green actually I live in his district and my business is in his district also. So, welcome back to your House again, Gene. Thank you very much.

REPRESENTATIVE ERWIN CAIN: Chair recognizes Representative Kuempel.

REPRESENTATIVE JOHN KEUMPEL: Thank you, Mr. Speaker and members. I move to suspend all necessary rules to take up and consider HR564 which honors the Steele High School football team from Cibolo.

REPRESENTATIVE ERWIN CAIN: Members you've heard the motion. Are there any objections? Chair hearing none. So ordered. Chair lays out the following resolution. The clerk will read the resolution.

CLERK: HR564 by Kuempel. WHEREAS, The football team of Byron P. Steele II High School in Cibolo won the University Interscholastic League 5A Division II State championship on December 18, 2010, with a hard-fought 24-21 Victory over Guyer High School of Denton; and WHEREAS, The Knights held a talented Guyer team to its second-lowest point total of the season to claim the title in front Of nearly 38,000 fans at Cowboys Stadium in Arlington; Steele High Running back Malcolm Brown scored his third touchdown with just 2:33 left in the game to overcome a 21-17 deficit; he also rushed For 112 yards and was named offensive most valuable player of the game; Kwame Clark sealed the victory with an interception that ended Guyer's final drive; and WHEREAS, Under the guidance of head coach Michael Jinks and His staff, the Knights won their last 13 games of the season to finish with a 14-2 record; as a result of its exceptional play, the team achieved national prominence with a rating of number 49 in the country in the final Powerade Fab 50 rankings from ESPN Rise; and WHEREAS, Winning a state championship is the culmination of countless hours of hard work and an unwavering commitment to excellence, and these dedicated student-athletes may take justifiable pride in their outstanding accomplishment; now therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby congratulate the Byron P. Steele II High School Football team on winning the UIL 5A Division II state championship and extend sincere best wishes to the players, coaches, and staff 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.

REPRESENTATIVE ERWIN CAIN: Chair recognizes Representative Keumpel.

REPRESENTATIVE JOHN KEUMPEL: Thank you, Mr. Speaker, members. On December 18th Steele High School beat Guyer High of Denton to win the UIL 5A division two state championship, ended their season at 14-2. And on the dais today we have Dr. Greg Gibson the superintendent of Schertz-Cibolo Independent School District; Mike Wohlfarth principal of Byron P. Steele High School; coach Mike Jinks, the head football coach at Steele High School, and three players; Tyler Glass who is a tight end on the team. Tyler has told me he has not made up his mind yet but he has appointments from three service academies. So, if he's willing to make that decision and play that field and walk on. And we also have Ryan Simmons. Ryan was a linebacker on the team, averaging ten and a half tackles a game. Rivals.com ranked him the 19th best inside linebacker best in the country. Ryan has committed to Oklahoma State and will travel up there in July to begin his career. And Longhorn members with them is Malcolm Brown. This season Malcolm had 1700-yards, 19 touchdowns. Last season he rushed for 2192 yards, with 24 touchdowns. He was Sport Illustrated high school player of the week on November 2nd. Rivals.com ranked him the No. 1 running back in the State of Texas this year, excuse me and the country. The No. 1 running back in the country. And Malcolm Brown has committed to play football at the University of Texas. With them in the gallery, we have more players and administrators, please, stand up. Members, help me in congratulating everybody on their wonderful efforts, especially winning the State championship. We're proud of your hard work and I move adoption.

REPRESENTATIVE ERWIN CAIN: Chair recognizes Representative Hardcastle.

REPRESENTATIVE RICK HARDCASTLE: In my parliamentary inquire, Mr. Speaker.

REPRESENTATIVE ERWIN CAIN: Please, state your inquiry.

REPRESENTATIVE RICK HARDCASTLE: Is the new member aware of the fact we trained the superintendent in north Texas for several years before we let y'all have him.

REPRESENTATIVE JOHN KEUMPEL: I am in deed aware.

REPRESENTATIVE RICK HARDCASTLE: All right. I just wanted to make sure y'all aware of that.

REPRESENTATIVE JOHN KEUMPEL: Thank you, Representative Hardcastle.

REPRESENTATIVE ERWIN CAIN: Representative Kuempel moves to add all names to the resolution. Are there any objections? Chair hearing none. So ordered.

REPRESENTATIVE ERWIN CAIN: Members, we have two permissions to introduce. These permissions to introduce will require record votes. Chair recognizes Representative Workman.

REPRESENTATIVE PAUL WORKMAN: Members, Mr. Speaker. Members, I have a bill that I wanted to introduce that I thought was a local bill. We've been advised by alleged counsel that it's not. So, I move for the provision of Rule 8, Section 8, subsection 8 be in order to introduce the bill.

REPRESENTATIVE ERWIN CAIN: Members, you've heard the motion.

REPRESENTATIVE PAUL WORKMAN: Okay. I've been asked to explain the bill a little bit. This is a bill it relates to ground water conservation district in southern Travis county that I'm working on and we're trying to get some area designated under the ground water management area.

REPRESENTATIVE ERWIN CAIN: Members, you've heard the motion. A record vote is required. The clerk will ring the bell. Vote aye, vote no, members on the motion to introduce. Showing Mr. Bonnen voting aye, Mr. Anchia voting aye. Have all voted? Have all members voted? 145 aye's. Motion prevails. Chair recognizes Representative Thompson.

REP. SENFRONIA THOMPSON: Mr. Speaker and members, I'd like to have permission to introduce a bill that would have the Commission on Law Enforcement Officer Standards and Education Develop Standards for the training of 911 telcommunicated. It has an exemption in for those smaller law enforcement agencies and I'd like for permission to introduce, please.

REPRESENTATIVE ERWIN CAIN: Members you've heard the motion. Are there any objections? This requires a record vote. Clerk will ring the bell, please. Vote aye or vote no. Showing Mr. Bonnen voting aye, Mr. Anchia voting aye. Have all members voted? Being 146 ayes. The motion carries. Members we're about to go on the calendar. If you have any amendments, please, file them. Is Representative Cook on the floor of the House? Chair recognizes Representative Sheffield.

REP. RALPH SHEFFIELD: Mr. Speaker, members, I move to suspend all necessary rules to take up HR980.

REPRESENTATIVE ERWIN CAIN: Members, you've heard the motion. Are there any objections? Chair hearing none. So ordered. Chair lays out the following resolution. The clerk will read the resolution.

CLERK: HR980 by Sheffield. Recognizing March 23rd, 2011 as Salad Day and commending the owners, operators of Texas McDonalds restaurants.

REPRESENTATIVE ERWIN CAIN: Chair recognizes Representative Sheffield.

REPRESENTATIVE RALPH SHEFFIELD: Members I would like to welcome all of the McDonald owners and operators that are here today to celebrate Salad Day. There's a total of 1145 McDonald restaurants that operate in Texas. These combined restaurant employ nearly 55,885 people, many of whom are in management and career support staff positions. McDonalds presence in Texas creates 145,300 jobs and 3.5 billion in annual spending. Not only do local restaurants contribute to the Texas economy but Texas business are a source of many McDonalds quality ingredients. McDonalds is the home to some of the greatest minds in America. Culinary innovators, general managers, and corporate CEOs all attribute McDonalds in helping making their dreams come true. As a fellow restaurateur, members, I would like to welcome all the McDonald operators that are here up in the gallery, the west side. If y'all would stand and be recognized. I understand Ronald McDonald is here as well. Hey, welcome to your House. Speaker, I move for adoption.

REPRESENTATIVE ERWIN CAIN: Members you've heard the motion. Are there any objection? Chair hearing none. So adopted. Representative Howard would like to add all members' names. Are there any objections? Hearing none. So ordered. Chair recognizes Representative Cook.

REPRESENTATIVE BYRON COOK: Thank you, Mr. Speaker, members. I move to suspend the five day posting rule to allow the Committee on State Affairs to consider HB162. Thirty minutes upon final adjournments/recess on 3/23/2011, JHR140.

REPRESENTATIVE ERWIN CAIN: Members, you've heard the motion. Are there any objections? Chair hearing none. So ordered. Members we're about to go on the calendar if you have any amendments please file them up.

JOE STRAUS: Members, we're about -- members we're about to go on the calendar. Members the chair lays out on second reading SB14. Clerk will read the bill.

CLERK: SB14 by Frasier. Relating to requirements to vote, including presenting proof of identification; providing criminal penalties. Chair recognizes Representative Harless.

REP. PATRICIA HARLESS: Thank you, Mr. Speaker, members. This is the same bill that we discussed on Monday for about 15 minutes, it's SB14. It's a narrowly designed bill that says you must prove who you say you are when you show up to cast your vote at the polls and I'm happy to continue this discussion.

JOE STRAUS: Mr. Walle, for what purpose?

REP. ARMANDO WALLE: Mr. Speaker, I raise a point of order against further consideration under the calendar under Rule 6, Section 16.

JOE STRAUS: Bring your point of order down front, please. Mr. Walle raises a point of order pursuant to Rule 6, Section 16 that initial printing of the calendar contained an error that prevents further consideration. Chair has reviewed the original and revised calendar and finds that purpose of Rule 6, Section 16 has been complied with. Point of order is respectfully overruled. Mr. Walle, for what purpose?

REP. ARMANDO WALLE: Mr. Speaker, I raise a point of order against further consideration of SB14 under Rule 6, Section 16.

JOE STRAUS: Bring your point of order down front. Representative Walle brings a point of order of Rule 6, Section 16 on the grounds that the corrected calendar is not properly in order and it is not eligible for consideration at this time. Similar occurred in HB1111 during the 79th legislature. In that case an error was discovered and a new calendar was printed and considered after a two hour layout. Chair noted in that case the error in the calendar was corrected and was layed out more than two hours. Chair finds no violation under Rule 6, Section 16. The point of order is respectfully overruled. Mr. Gallego, for what purpose.

REP. PETE P. GALLEGO: Mr. Speaker, just parliamentary inquiry so that I, if you don't mind, can understand the line of reasoning behind the -- Mr. Walle's point of order was that Rule 6, Section 16 doesn't provide -- as I read the rule -- the Rule indicates that deviations from the calendar as posted shall not be permitted accept with the Committee on Calendars shall be authorized to prepare and post not later than two hours before the House convenes a supplemental daily calendar. So, the two hour notice, under the Rule applies to the supplemental daily calendar. Is that the not correct?

JOE STRAUS: Mr. Gallego under Rule 6, Section 16 -- deviations from the calendar are permitted.

REP. PETE P. GALLEGO: Deviations --

JOE STRAUS: If they are permitted by the Committee on Calendars.

REP. PETE P. GALLEGO: Mr. Speaker --

JOE STRAUS: More than two hours --

REP. PETE P. GALLEGO: The sentence reads deviations from the calendars as posted shall not be permitted accept in the case of the supplemental calendar.

JOE STRAUS: Mr. Gallego, the phrase accept means there are deviations that are permitted.

REP. PETE P. GALLEGO: But the exception is listed is it not, Mr. Speaker? The exception is the supplemental daily calendar which can be printed two hours before the House convenes.

JOE STRAUS: Mr. Gallego, there was a printing error in this calendar that was discovered and it's been corrected.

REP. PETE P. GALLEGO: The issue, Mr. Speaker, as I understand Mr. Walle's point of order is that under the Rules revised calendars don't exist. Supplemental calendars exist and that was not remedied through a supplemental calendar it was remedied so that the posting should -- if we're going to do the supplemental calendar and the error and the two hour notice then this was not a supplemental calendar which we all receive on our desk in the routine course of the House's business. We receive supplemental calendars and in this instance we didn't receive a supplemental calendar we received a revised calendar which would seem to indicate that -- if, I guess, the difficulty for me is that you can't -- the argument is that you can't have it both ways. If it is a supplemental calendar and there is a two hour notice and there is a deviation that's fine but if the argument is that it's the revised calendar and all this revised calendar does is take the place of the first one, then it seems that the timing she relate back -- the posting should relate back as well.

JOE STRAUS: Thank you, Mr. Gallego for your inquiry. This is not the first time a printing error has occurred in our calendars. On May 15th of 1997 for instance, an error in the printing was corrected under the title, Corrected Daily House Calendar. On May 20th, 1999 a correction was made under the Corrected Daily House Calendar, May 20th, 1999. And similarly on Tuesday, July 19th, 2005 the correction was made under Revised Daily House Calendar. Mr. Walle, for what purpose.

REP. ARMANDO WALLE: Mr. Speaker, thank you. May I request that the exchange between you, sir, honorable Speaker and Chairman Gallego be recorded in the journal.

JOE STRAUS: Members you've heard the motion. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Harless.

REP. PATRICIA HARLESS: Thank you, Mr. Speaker, members. I'm ready to continue the debate or move passage whichever you prefer.

JOE STRAUS: Miss Farrar, for what purpose?

REP. JESSICA FARRAR: Mr. Speaker, I raise a point of order under Rule 4, Sections 11 and 12.

JOE STRAUS: Bring your point of order down front. Representative Farrar raises a point of order under Rule 4, Section 11 and 12. Representative Farrar indicates that the meeting of the Calendar Committee began on 10:07 and the Capitol was closed and the access to the meeting room may have been denied. The Calendars Committee did not begin meeting until 10:07 p.m. The meeting was initially posted for 9:00 p.m. As noted on the State Preservation Board website the hours of the Capitol are normally between 7:00 a.m. and 10:00 p.m. but are extended during legislative sessions including House committee meetings. The provision -- it appears that the provision of Rule 4, Section 11 and 12 were complied with. The point of order is respectfully overruled. Representative Farrar, for what purpose?

REP. JESSICA FARRAR: Parliamentary inquiry.

JOE STRAUS: Please, state your inquiry.

REP. JESSICA FARRAR: If the meeting is posted for 9:00 o'clock and the public anticipates that we will have a committee meeting at that time, yet the committee doesn't do its business until 10:07, what is -- how can we ensure public access in those situations and how does that make this body look?

JOE STRAUS: According to the State Preservation Board website, access to Capitol was assured --

REP. JESSICA FARRAR: I know that when --

JOE STRAUS: -- during the meeting.

REP. JESSICA FARRAR: -- I have left this building after 10:00 o'clock I have to leave through the G level because all the doors are locked. What is the process for a member of the public to enter the building after 10:00 o'clock when a committee is in session.

JOE STRAUS: During the extended legislative hours, the method that the public accesses the Capitol is the same as they access the Capitol during the day which is the four main entrances.

REP. JESSICA FARRAR: Pardon me, is before what?

JOE STRAUS: The four main entrances.

REP. JESSICA FARRAR: But I'm saying to you that those entrances are locked. I've had to go -- I've tried to leave and had to go down to G before when a committee was in session. And so, my question is what's the process for the member -- for a member of the public to know which of the six doors to the Capitol and the Capitol extension are open to them. How onerous is it? And my concern is that if we're going to have openness and transparency in government but we -- a committee is posted to meet at one time and conduct their business until the building is actually closed denying them access, how are we to ensure -- or how are we to fulfill our duty to the public to ensure an open and transparent process?

JOE STRAUS: Miss Farrar, the only way a member of the public can access the Capitol or the extension is through the four main entrances at anytime.

REP. JESSICA FARRAR: Not to go -- not to run around in a circle. I'm just saying those doors are locked. Is there a posting system besides the internet because maybe you have a PDA and are savvy enough to go to these on the internet and have that access but for the everyday person that walks up the steps, how are they to know?

JOE STRAUS: Miss Farrar, we'll talk to House administration and see if we can work on that. Chair recognizes Representative Harless.

REP. PATRICIA HARLESS: Mr. Speaker, members, I'm welcome to more conversation or I move passage.

JOE STRAUS: Mr. Martinez Fischer, for what purpose?

REP. TREY MARTINEZ FISCHER: Will the lady yield for some questions?

JOE STRAUS: The lady yield?

REP. PATRICIA HARLESS: I will.

REP. TREY MARTINEZ FISCHER: Thank you, Representative Harless. I wanted to resume debate on your bill and I was looking at it and I had some questions. I wanted to direct you to page 11 of Senate Bill 14 so that we can talk about it.

REP. PATRICIA HARLESS: Yes, sir.

REP. TREY MARTINEZ FISCHER: Could you explain to me -- I'm looking at Section 15 in the area as it relates to provisional ballots and I wanted to understand some of the requirements on this affidavit, specifically at page 11, line 6.

REP. PATRICIA HARLESS: This bill allows for someone that doesn't have one of the prescribed forms of photo ID that show up to vote and don't have it to cast a provisional ballot.

REP. TREY MARTINEZ FISCHER: Okay. And some of these requirements for the provisional ballot, it now requires a printing on the envelope on which the provisional ballot is voted by the person maybe placed and has to include certain language. And I notice that we went from a shall standard to a must standard and I wanted to know why we did that?

REP. PATRICIA HARLESS: The purpose of the provisional ballot is if someone shows up without one of the forms of ID they can cast a ballot and come back in six days and prove they are who they say they are and their ballot will be counted.

REP. TREY MARTINEZ FISCHER: Okay. Why are we changing the standard from shall be printed on this envelope to must be printed on this envelope. What's the difference?

REP. PATRICIA HARLESS: The only thing that we are changing is that when a person shows up to cast a vote in person they show one of the prescribed forms of photo ID, that's what this bill is changing.

REP. TREY MARTINEZ FISCHER: But -- but at line 7 on page 11 you have taken the word shall and it's been struck through and you replaced it with the word must and I'm trying to figure out what's the difference between must and shall?

REP. PATRICIA HARLESS: We want to make sure that every person that shows up to the polls that did not bring their form of ID has an opportunity to cast a ballot. We want everyone to have access to vote. And if they do not have this ID they cast a provisional ballot and within six days they can show up and show their ID and their ballot will be counted.

REP. TREY MARTINEZ FISCHER: Right. So, aside from that though you have the provisional balloting and you let somebody vote. Then it says there has to be a form for an affidavit that's required by this section and it must be printed on an envelope in which the provisional ballot voted by that person maybe placed and must include other things. And so, we're not saying it shall be printed on the envelope, we're saying it "must" be printed on the envelope. And, I guess, are we being even clearer, setting a much clearer standard, you know, shall is not enough we need to tell them that they must do this.

REP. PATRICIA HARLESS: We are doing everything in our power to make sure that everybody shows up to vote, their vote is counted.

REP. TREY MARTINEZ FISCHER: And so, you think must is, you know, in order to effectuate that you felt that you had to use a much stronger term and that shall didn't get us there but must makes it pretty clear that there is no choice.

REP. PATRICIA HARLESS: I think every person that shows up with their photo ID verifying who they are has a right to vote and if they don't have their ID they can cast a provisional ballot and those will be counted if they show back up with their identification within six days.

REP. TREY MARTINEZ FISCHER: Now under the current law once there is a provisional ballot there is the Early Votes Board; is that correct?

REP. PATRICIA HARLESS: There is a board that the provisional ballots go to.

REP. TREY MARTINEZ FISCHER: What is the name of that board do you know?

REP. PATRICIA HARLESS: The Early Voting Election Board or --

REP. TREY MARTINEZ FISCHER: The Early Voting Ballot Board; is that correct? Okay. And when it comes to provisional ballots the Early Voting Ballot Board they've always had the discretion to accept provisional ballots is that your understanding of todays law?

REP. PATRICIA HARLESS: This bill is about showing who you are when you go to vote and that's -- that's very simple, it's very narrow, it's crafted so that you have to show a photo ID.

REP. TREY MARTINEZ FISCHER: Okay. This is not about showing an ID, this is about voting a provisional ballot.

REP. PATRICIA HARLESS: This is about if you do not have an ID you have an opportunity to cast a provisional ballot.

REP. TREY MARTINEZ FISCHER: Right. Okay. And as the law stands right now the Early Vote Ballot Board retains the discretion to accept the provisional ballot. Is that true or false?

REP. PATRICIA HARLESS: As the law stands right now you don't have to show a photo ID when you show up to vote in person. This bills requires you to show a photo ID when you show up to vote at the polls.

REP. TREY MARTINEZ FISCHER: I know -- I know what the bill does but the specifics of the bill insofar as it relates to provisional ballots I'll ask you again. Under current law, under todays law -- not your bill -- under the law today if somebody votes a provisional ballot does the Early Vote Ballot Board have the discretion to accept that vote.

REP. PATRICIA HARLESS: Mr. Martinez Fischer, if you want to talk about all the different provisions of the election code this is not the venue this bill is about a photo ID when you show up to vote. If you do not have a photo ID you have opportunity to cast your ballot and within six days bring your identification to the registrar and your vote will be counted. That is the basis of this bill. That's what I'm going to discuss.

REP. TREY MARTINEZ FISCHER: Well, I appreciate that direction. And so, since you want to talk about your bill let's go to page 11, line 27 and let me ask the question a third time since this is your bill. And I presume that the lady has read her bill and I presume that the lady is prepared to debate her bill and if the lady is not prepared to debate her bill then I will let you yield to somebody who is. Let's get to page 11, line 27. Let me ask this a third time. Under today's law at page 11, line 27, it says a provisional ballot may be accepted by the Early Vote Ballot Board and I want to make sure that I am clear that that is the State of the law today.

REP. PATRICIA HARLESS: You've answered your own question.

REP. TREY MARTINEZ FISCHER: So is that an affirmation?

REP. PATRICIA HARLESS: I am here to talk about the requirements to show up to vote when you want to cast an in person ballot and if you don't you have an opportunity to cast a provisional. Yes, sir I've read my bill. I think we are not following the direction that the members want to discuss on the types of ID. I'm willing to let you talk as long you want.

REP. TREY MARTINEZ FISCHER: I appreciate that but fortunately for me I have that certificate of election that allows me to do that without your permission but thank you. Okay. So, going back to your bill, I want to know why on page 11, line 27 you have now taken away the discretion of the Early Vote Ballot Board by not letting them have the option to decide if provisional ballots should be counted. But you are mandating that they are counted and we are going from may to shall and I want you to explain that to me. Why are we doing that? What is the importance of taking away the discretion from the Early Vote Ballot Board?

REP. PATRICIA HARLESS: Because we have spelled out specifically what they need to have when they show up to vote.

REP. TREY MARTINEZ FISCHER: So, now we're saying under SB14, if you do all these things and you comply with all the sections on page 11 the Early Vote Ballot Board no longer has the discretion to accept a provisional ballot. They are now required to take that provisional ballot. Is that what you're saying?

REP. PATRICIA HARLESS: That's what the bill says.

REP. TREY MARTINEZ FISCHER: Well, thank you. Mr. Speaker.

JOE STRAUS: Mr. Martinez Fischer, for what purpose?

REP. TREY MARTINEZ FISCHER: I'd like to raise a point of order under Rule 4, Section 32C and F.

JOE STRAUS: Bring your point down front. Representative Martinez Fischer raises a point of order under Rule 4, Section 32 and that the bill analysis fails to discuss changes on page 11, line 7 and page 11, line 27 of the bill. Specifically Representative Martinez Fischer argues that the bill analysis fails to compare the bill to existing law and fails to list the provision on page 11, line 27 as an express repeal. The chair has reviewed the bill and bill analysis the chair finds that the language of the bill analysis is not materially or substantially misleading and that the bill analysis which is a summary accurately reflects the substance of the bill. The point of order is respectfully overruled. Representative Martinez Fischer, for what purpose.

REP. TREY MARTINEZ FISCHER: Thank you, Mr. Speaker, parliamentary inquiry.

JOE STRAUS: State your inquiry.

REP. TREY MARTINEZ FISCHER: On the last part of your ruling you made reference to the bill analysis being a summary. Did I hear that right?

JOE STRAUS: That's correct.

REP. TREY MARTINEZ FISCHER: Could you, please, repeat that last line would you indulge me, I couldn't hear back here.

JOE STRAUS: The bill analysis which is a summary accurately reflects the substance of the bill.

REP. TREY MARTINEZ FISCHER: Okay. And Mr. Speaker, parliamentary inquiry.

JOE STRAUS: State your inquiry.

REP. TREY MARTINEZ FISCHER: As I read Rule 4, Section 32C I don't see -- I don't see in the rules where members are given the opportunity to summarize their bill in the bill analysis. In fact, as I read Rule 4, Section 32C it says that the bill analysis must include in summary or section by section form a detailed analysis, not a summary analysis, a detailed analysis. And so, did the Chair misunderstand me when I made that argument and is the Chair under the impression that I am arguing that there should be a lesser standard than a detailed analysis because I didn't argue that there should be a summary analysis, in fact, the rules are contrary to any member providing a summary analysis. It says it must be a detailed -- it can be in a summary or section by section form but the analysis must be detailed and is the chair in agreement with that reading of the rule as I see it.

JOE STRAUS: The chair is applied the precedence from prior sessions.

REP. TREY MARTINEZ FISCHER: And what precedence specifically would that be Mr. Chairman -- Mr. Speaker?

JOE STRAUS: For instance Mr. Martinez Fischer the precedent from the 81st session.

REP. TREY MARTINEZ FISCHER: The 81st session the chair being inclined to tell me what day of the journal that was?

JOE STRAUS: It was May 20th, '09.

REP. TREY MARTINEZ FISCHER: May 20th, '09. Okay. Now in the chairs ruling --

JOE STRAUS: It was on Senate Bill 865.

REP. TREY MARTINEZ FISCHER: Thank you, Mr. Speaker. Senate Bill 865. Thank you Mr. Speaker. And in the chairs ruling in effect the chair is saying that if we -- if there is an expressed strike through on a bill that changes the current state of the law, there is no requirement under Rule 4, Section 32C or Rule 4, Section 32C/3 that requires a member to notify the body and the general public that we are expressly changing a legal standard.

JOE STRAUS: Rule 4, Section 32, subsection C, subsection 2 requires a list of provisions expressly repealed by the bill of resolution.

REP. TREY MARTINEZ FISCHER: So the chairs interpretation which I would deem to be narrow. Is it the chairs interpretation that a -- what triggers an expressed statement of a repeal of a law is the words in a bill or resolution that says this article or this section is expressly repealed. Is that how the chair interprets that Rule 4, section 32C2?

JOE STRAUS: The chair determines that -- just a moment Mr. Martinez Fischer. Mr. Martinez Fischer the point of order that you raised did not point us to a section of the law that contained an expressed repeal.

REP. TREY MARTINEZ FISCHER: Then the chair may have misunderstood my point of order. Should I reassert it Mr. Chairman because I crystal clearly remember arguing to the chair that when you take two sections of the bill and take us from a discretionary standard and change it to a mandatory standard the strike through of the discretionary is a repeal of a statute, in fact, guts the statute. And then I argued secondarily that when you go from a shall standard to a must standard, you again are expressly repealing statute by a strike through and in fact you're gutting the existing law. I offered that and if the chair did not analyze the point of order under that analysis then I would like to raise that point of order again.

JOE STRAUS: Mr. Martinez Fischer, the chair has already ruled on a point of order. You're welcome to launch another point and I will request -- the chair would request that the exchange here be reduced to writing and entered in the journal.

REP. TREY MARTINEZ FISCHER: I'm sorry, what about the last part Mr. Speaker?

JOE STRAUS: Would request that the exchange between you and the chair be reduced to writing and entered in the journal.

REP. TREY MARTINEZ FISCHER: Thank you, Mr. Speaker. I was going to do the same thing. And so -- but I don't have to raise another point of order. But the chair has suggested that that portion of that argument was not considered by the chair because the chair was unaware that was -- that objection was being raised. If the chair is properly considered that I'd like the chair to tell me that there be no need to raise an official point of order.

JOE STRAUS: Mr. Martinez Fischer, the chair appreciates your arguments and the chair has respectfully overruled your point of order.

REP. TREY MARTINEZ FISCHER: I understand that Mr. Speaker but on what grounds?

JOE STRAUS: That Rule 4, Section 32C has been complied with.

REP. TREY MARTINEZ FISCHER: In all aspects.

JOE STRAUS: And that the bill analysis is not substantially or immaterially misleading.

REP. TREY MARTINEZ FISCHER: Okay. And with regard to Rule 4, Section 32C2, a repeal of a statute that's not explained in a detailed bill analysis that's part of your ruling as well?

JOE STRAUS: Yes, sir, it is.

REP. TREY MARTINEZ FISCHER: Thank you, Mr. Speaker. Mr. Speaker --

JOE STRAUS: Mr. Martinez, for what purpose.

REP. TREY MARTINEZ FISCHER: Parliamentary inquiry.

JOE STRAUS: State your inquiry.

REP. TREY MARTINEZ FISCHER: What is the process by which if a member of this body wanted to amend the rules once they've been in session?

JOE STRAUS: You could file a resolution and be referred to the appropriate committee.

REP. TREY MARTINEZ FISCHER: And that committee would be?

JOE STRAUS: Generally in the past those items have been referred to the Committee on Rules and Resolutions.

REP. TREY MARTINEZ FISCHER: And we have a conundrum. So it would be the Committee of Rules and Resolutions; is that what you said?

JOE STRAUS: Yes, sir. In the past that's been the case.

REP. TREY MARTINEZ FISCHER: Okay. And so, Mr. Speaker, parliamentary inquiry.

JOE STRAUS: State your inquiry.

REP. TREY MARTINEZ FISCHER: Would a -- would a permission to be introduce be in order to effectuate that now that we are past a date to introduce bills or that be considered a resolution?

JOE STRAUS: That would be considered a resolution.

REP. TREY MARTINEZ FISCHER: Okay. Mr. Speaker, further inquiry. Would it be a requirement that this -- that a -- that a request to just strike through certain parts of the rules since they're really not -- under your prior ruling if we just strike through the rules and don't say that they're expressly repealed that we don't have to explain that in an analysis. So if we don't have to explain that in an analysis, do we have to explain that in a resolution? So, in other words, if I wanted to just strike through Rule 4, Section 32C2, since we're not using it, can I just strike it through and not have to follow resolution?

JOE STRAUS: Mr. Martinez Fischer, that's a hypothetical question and we'll have to see the resolution before I can respond to that.

REP. TREY MARTINEZ FISCHER: Would you recognize me for that motion?

JOE STRAUS: Not at this time.

REP. TREY MARTINEZ FISCHER: Thank you, Mr. Speaker.

JOE STRAUS: Mr. Coleman, for what purpose?

REPRESENTATIVE GARNET F. COLEMAN: Mr. Speaker, I know we're having fun learning all about the rules of the House and how we do that but I really do believe we should follow the rules, so, I raise a point of order against further consideration of the committees substitute to Senate Bill No. 14 under Rule 4, Section 32 C. of the rules of the House on the grounds that the bill analysis is substantial and materially misleading.

JOE STRAUS: Bring your point of order down front. Mr. Coleman raises a point of order under Rule 4, Section 32 specifically the provision relating to the use of passports found on page 1 of the bill analysis is not sufficiently detailed enough continuously through the bill analysis. The chair has reviewed the bill and the bill analysis and finds that the provision complained of relating to passports is contained in the bill analysis and is not materially or substantially misleading. Accordingly the point of order is respectfully overruled. Chair recognizes Representative Harless.

REP. PATRICIA HARLESS: Mr. Speaker, members, I'm willing to continue the debate.

JOE STRAUS: Martinez Fischer, for what purpose?

REP. TREY MARTINEZ FISCHER: Will the lady yield for some questions, please?

JOE STRAUS: Will the lady yield?

REP. PATRICIA HARLESS: Yes, sir.

JOE STRAUS: She yields.

REP. TREY MARTINEZ FISCHER: I want to look at your bill. And I'm on page 13 of your bill because I want to debate your bill and I'm looking at the section beginning at line 18, Section 20 of your bill and in that section it looks like we're describing the fees to get a personal identification; is that correct?

REP. PATRICIA HARLESS: I think the language is clear in the bill.

REP. TREY MARTINEZ FISCHER: Okay. Well, I'm a little dyslexic so, is that what that's about?

REP. PATRICIA HARLESS: Would you like for me to read what it says?

REP. TREY MARTINEZ FISCHER: Yes, please.

REP. PATRICIA HARLESS: Accept as provided by Section D the fee for the personal identification certificate is and it list the amounts.

REP. TREY MARTINEZ FISCHER: Okay. And then below that line 27, sub D. We're going to reduce the fee from $20 to zero is that -- is that how you see that?

REP. PATRICIA HARLESS: I think it's clear. It says that the department may not collect a fee for a personal identification certificate issued to a person who states that the person is obtaining the personal identification certificate for the purpose of satisfying section 63.001B.

REP. TREY MARTINEZ FISCHER: So, the reduction is we're not going to charge you so that you can vote; is that the intent?

REP. PATRICIA HARLESS: It's clear that if you do not have an identification certificate as spelled out for the right vote that the department will provide you one free.

REP. TREY MARTINEZ FISCHER: Okay. So if you and I go to DPS because I presume that's where these IDs are going to come from and I walk in and I'm going to replace mine or I lost mine and you're going to get one so that you can vote because this is your only option, I'm imagining that we're going to fill out the same form. We're going to stand in the same line and we're going to get processed by clerks that are on the same side of their desk and what you're saying is that under this bill I would have to pay the $15 and you don't have to pay -- yours will be reduced to zero because the law that we're trying to pass will allow you to have this for free so that you can use it as your ID to vote.

REP. PATRICIA HARLESS: Is that a question or statement?

REP. TREY MARTINEZ FISCHER: It's a question.

REP. PATRICIA HARLESS: If you do not have one of the forms of ID that it takes to show up and vote there's a provision in the bill that allows you to get a free ID for the purpose of voting.

REP. TREY MARTINEZ FISCHER: I guess in the committee testimony -- I guess in you doing your due diligence is there a reason why we have to have these reduced or -- excuse me, these free IDs? I mean, is this a problem?

REP. PATRICIA HARLESS: Could you say that again I was talking to Ms. T at the very first part.

REP. TREY MARTINEZ FISCHER: I guess what I'm saying is in your due diligence or in the committee testimony, I mean, was there -- did something come to up that raised the question as to we should provide a free option for those that need an ID so they can vote? Is this a concern in some of the other states that have done voter ID or is this something specific to Texas.

REP. PATRICIA HARLESS: We wanted to provide an opportunity for people that did not have one of the proof forms of identification a free ID for the purpose of voting.

REP. TREY MARTINEZ FISCHER: Okay. And so, as long as somebody walks into the department and says if Senate Bill 14 passes, and they say, I don't have an ID and I need an ID so I can go vote, they're not going to have to pay a dollar or not even a nickel. It's absolutely free, no strings attached.

REP. PATRICIA HARLESS: You've asked that about three times and I've answered it three times. What do you want me to say differently?

REP. TREY MARTINEZ FISCHER: I just want you to assure me that we don't have a poll tax of any sort or any kind. I don't want -- I want to make sure that if you're taking the extra step to make an ID free of charge so that somebody can go and vote that we're not going to charge them anything. I mean that's what I'd like -- because this is a big deal.

REP. PATRICIA HARLESS: You're correct in your reasoning.

REP. TREY MARTINEZ FISCHER: Okay. And so -- do you know where the money that is charged for these ID's, do you know where that money goes?

REP. PATRICIA HARLESS: The money that is charged for the free ID?

REP. TREY MARTINEZ FISCHER: No. For the current ID's. The ID's that you are going to make free for, you know, in the instance where I have to pay my $15 you're going to get yours for free. Where does my $15 go, do you know?

REP. PATRICIA HARLESS: The money that you pay for a free ID or if you're just going in there because you don't have an ID.

REP. TREY MARTINEZ FISCHER: In our original exchange I said that I was going in to buy an ID because I needed to renew mine and you were going in to get the free one when I hand over my $15 to DPS do you know where those moneys go?

REP. PATRICIA HARLESS: That has nothing to do with this bill.

REP. TREY MARTINEZ FISCHER: And it may not but do you know where this money goes?

REP. PATRICIA HARLESS: It has nothing to do with the bill.

REP. TREY MARTINEZ FISCHER: Okay. And so you think that whether somebody pays for an ID or gets one for free where the money goes or where the money doesn't go that has nothing to do with this bill.

REP. PATRICIA HARLESS: I think that this bill is about providing a photo ID when you show up to vote and if for some reason you do not have a drivers, license, an ID card, a passport, a concealed handgun license, a citizen certificate with a picture on it, you have none of those forms of ID and you want to vote this bill provides you to have the opportunity to go to the DPS and get a free ID for the purpose of voting.

REP. TREY MARTINEZ FISCHER: *Okay. And so, I know in the fiscal note there's a $2,024,000 fiscal note and as I read the methodology I didn't see anywhere in the fiscal note that DPS was going to get reimbursed for the ID's that everybody else would have to pay for. Is there anything in your bill that's going to appropriate money to DPS so they can get supplemented for the revenue lost for not getting their ID?

REPRESENTATIVE PATRICIA HARLESS: The fiscal note spells out specifically what the Secretary of State has testified they need money for in order to --

JOE STRAUS: Representative Geren raises a point of order. Gentleman's time has expired. Point is well taken and sustained.

REP. TREY MARTINEZ FISCHER: Thank you, Mr. Speaker I move to extend.

JOE STRAUS: Representative Martinez Fischer moves for an extention of time. Is there any objection? Members, is there any objection to the extension of time? Chair hears none. So ordered.

REP. TREY MARTINEZ FISCHER: Thank you Mr. Speaker. But the 2,024,000 I saw an overwhelming amount of money going to radio, TV, direct mail, to, I guess, to inform the public that we're going to change the standard to now require an ID. And I also saw a $24,000 technology impact fee for DPS or whomever so that they can update their form. And there is a section in methodology that says they don't really -- they can't determine how much money the Department of Public Safety is going to loose as a result of these free IDs. And so, is there any appropriation in this bill that replaces the money loss by DPS for the free IDs that will be given out to comply with this bill.

REPRESENTATIVE PATRICIA HARLESS: This is not an appropriations bill. This bill is about photo ID and voters showing up to the polls and they show proven they say who they are.

REP. TREY MARTINEZ FISCHER: Perfect and on a fiscal note is there any analysis about amounts of money that would be deprived from DPS so that they can carry out your legislative intent which is to provide free IDs to those who don't have them but yet need them in order to vote?

REPRESENTATIVE PATRICIA HARLESS: The fiscal note speaks for itself.

REP. TREY MARTINEZ FISCHER: And as the person responsible for explaining the bill and its contents I'm asking you.

REPRESENTATIVE PATRICIA HARLESS: I think the language is clear on the fiscal note. They spell out specifically what the expenses will be and it speaks for itself.

REP. TREY MARTINEZ FISCHER: Okay. And what does it say?

REPRESENTATIVE PATRICIA HARLESS: It says --

REP. TREY MARTINEZ FISCHER: It's obviously speaking to you. It's not speaking to me. So what is it telling you?

REPRESENTATIVE PATRICIA HARLESS: Okay. Have you read the fiscal note.

REP. TREY MARTINEZ FISCHER: I have.

REPRESENTATIVE PATRICIA HARLESS: You have?

REP. TREY MARTINEZ FISCHER: I have but I need the explanation of the author to fully understand it and I'm trying to figure out your intent. And you told me your intent was to give free IDs for people who need them so they can vote and I said, okay. And I'm asking what is your intent as far as reimbursing the Department of Public Safety for giving out the free IDs that you're making them give. There's obviously a cost. I mean if IDs were free you wouldn't have to charge for them to begin with.

REPRESENTATIVE PATRICIA HARLESS: This bill is not an appropriations bill for DPS. This bill is about showing a photo ID when you go to vote.

REP. TREY MARTINEZ FISCHER: Sure.

REPRESENTATIVE PATRICIA HARLESS: It's not the DPS appropriations bill.

REP. TREY MARTINEZ FISCHER: Okay. And I realize that but, does it take money from DPS.

REPRESENTATIVE PATRICIA HARLESS: Excuse me.

REP. TREY MARTINEZ FISCHER: Does this bill take money from DPS.

REPRESENTATIVE PATRICIA HARLESS: I am not advised. The fiscal note speaks for itself. It says 2 million dollars and as it is $2,024,000.

REP. TREY MARTINEZ FISCHER: I think the bill says it cost 2 million dollars not 2 billion dollars. It's 2 million.

REPRESENTATIVE PATRICIA HARLESS: Two million that's what I said. I'm sorry.

REP. TREY MARTINEZ FISCHER: I'm sorry.

REPRESENTATIVE PATRICIA HARLESS: I've been talking a long time and my mouth is dry.

REP. TREY MARTINEZ FISCHER: I understand I've been standing a long time and it's effecting my hearing as well so, okay. Mr. Speaker us.

JOE STRAUS: For what purpose Mr. Martinez Fischer.

REP. TREY MARTINEZ FISCHER: Well, I haven't had very much luck with the rules so I thought I would go to the Texas constitution. And I would like to raise a point of order under Senate Bill 14 under Article 3, Section 49 consideration of our Texas constitution.

JOE STRAUS: Bring your point of order down front. Point of order. The house is standing at ease.

JOE STRAUS: Mr. Martinez Fischer raised a point of order under the Article 3, Section 49K of the Texas constitution. Specifically Mr. Martinez Fischer argues that the bill reduces, resends, or repeals authority to collect funds under the Texas mobility fund. The chair has reviewed the argument the question raised by Martinez Fischer whether a provision is constitutional, whether any infirmity must be addressed in this bill, or any bill, if the bill is effected unless changed is precisely the type of constitutional points of order traditionally not ruled on. Chair will continue that tradition and the point of order is respectfully overruled. Mr. Martinez Fischer, for what purpose?

REP. TREY MARTINEZ FISCHER: Parliamentary inquiry.

JOE STRAUS: State your inquiry.

REP. TREY MARTINEZ FISCHER: The chair in his ruling didn't indicate whether they found this point of order to be a substantive challenge or a procedural challenge to the constitution and I'd like to know which it is.

JOE STRAUS: Mr. Martinez Fischer the chair found that this deals with a substantive constitutional issue.

REP. TREY MARTINEZ FISCHER: Mr. Speaker, parliamentary inquiry.

JOE STRAUS: State your inquiry.

REP. TREY MARTINEZ FISCHER: Is the constitutional article that says bills must be read on three separate days is that procedural or substantive.

JOE STRAUS: That is a point of order that has traditionally been ruled on by the chair.

REP. TREY MARTINEZ FISCHER: As procedural or substantive?

JOE STRAUS: As a discussion of legislature procedure.

REP. TREY MARTINEZ FISCHER: And Mr. Speaker, further inquiry. Is the constitutional provision saying that all bills must pass both houses of the legislature, is that procedural or substantive?

JOE STRAUS: Again, Mr. Martinez Fischer that is a point of order that has been ruled on in legislature procedure.

REP. TREY MARTINEZ FISCHER: Okay. And the constitutional provisions related to the two subject rule is that also procedural or is it substantive?

JOE STRAUS: Mr. Martinez Fischer in ruling Article 3, Section 49K of the constitution we found that that did not fall within classes of legislature procedure traditionally ruled on by the chair.

REP. TREY MARTINEZ FISCHER: With respect to the substantive ruling of this chair, there was not a substantive claim made in the point of order. In fact, the point of order was launched because the procedure by which a bill comes to the floor that repeals, rescinds or reduces constitutionally dedicated moneys. My argument is procedural. No bill can come to the floor that does that unless they comply with the constitution which requires them to explain how they plan to reallocate the moneys they deprive from the chair -- I mean from the mobility fund. And so, procedurally that is what my point is. I'm not arguing the substantive matter as to whether or not the Article 3, Section 49 even applies in this instance. I am saying that procedurally, just like procedurally that we read bills on three separate days, just like procedurally we pass bills out of the House and Senate. This is also a procedure by which we bring bills to the floor that are in order and not in order. And my procedural argument is that the bill is not in order because procedurally it deprives the mobility fund of its dedicated source of funding and the only way procedurally that we can proceed is if we allocate moneys to replenish what we take. I'm not arguing as to the substantive merits of that. I'm arguing that is a necessary step for a bill to be in order. So, if the chair wants to rule that procedurally I am overruled I will sit down but my point of order is specific to this procedural component of the constitutional article and not the substantive interpretation.

JOE STRAUS: Mr. Martinez Fischer, we have reviewed and heard your arguments. We've looked for precedent there is no none and the point of order is respectfully overruled. I would be happy to take this exchange between you and me and enter it into the journal.

REP. TREY MARTINEZ FISCHER: We can put it in the journal, we can put it on a billboard but we're here today. And just because there isn't precedent that's not a reason to overrule the point of order. And I will say that the reason you may not find a precedent is that the creation of the mobility fund is relatively new. And I think that only in two instances in our Texas constitution, do we place the procedural hurdle of protecting dedicated funds. One is for the mobility fund and one is for the rail relocation fund. We have an obligation as lawmakers to not submit the full faith in credits of the State of Texas to bondholders when we take money that they are relying on to pay for construction bonds. And so, I'm not arguing the substantive part of that. I am wanting the chair to make a ruling that procedurally you do not have to replenish money that you procedurally take out of the mobility fund. Not the substantive interpretation of the fund itself. And so, if the chair wants to put in its rulings we reviewed the procedural argument, and we find procedurally there's nothing there I will sit down.

JOE STRAUS: Mr. Martinez Fischer, the chair will revise its ruling to include the arguments that you made. Thank you.

REP. TREY MARTINEZ FISCHER: So, that will in fact be the chairs ruling. Will the chair, please, read that ruling to me.

JOE STRAUS: The point of order is respectfully overruled.

REP. TREY MARTINEZ FISCHER: On procedural grounds.

JOE STRAUS: The chair has listened respectfully to your arguments and respectfully over rules your point of order.

REP. TREY MARTINEZ FISCHER: The chair -- if the chair is making its ruling on the substantive interpretation of Article 3, Section 49 then the chair has not heard my argument. My argument is on the procedural hurdle that exist with respect to Article 3, Section 49. And so, procedurally, once again, Mr. Speaker, if there is a overruling of the procedural point of order I will standby the chairs ruling but I need to hear that to be the chairs ruling.

JOE STRAUS: Mr. Martinez Fischer, the chair overrules on all grounds that you have raised.

REP. TREY MARTINEZ FISCHER: Thank you Mr. Speaker. I'd like to have our remarks reduced to writing and placed in the journal.

JOE STRAUS: Members, you have heard the motion. Is there objection? Chair hears none. So ordered. Following amendment. The clerk will read the amendment. Ms. Chen Button, for what purpose.

REP. ANGIE CHEN BUTTON: Mr. Speaker, will the lady yield for questions?

JOE STRAUS: Ms. Harless, do you yield.

REP. PATRICIA HARLESS: I will.

REP. ANGIE CHEN BUTTON: Thank you. Representative Harless are you aware that many minority groups in my district protected under the Voting Rights Act would lack to show photo ID to vote. Recently I had a long table meeting in my district. My multicultural long table is a bipartisan group of individuals made of nationalized citizens and first generation Texans with roots in Mexico, China, Taiwan, Vietnam, South Korean, Pakistan, India, Philippines, Turkey, and many other regions. The entire group wanted a more secure voting method in place and strongly supported the voter ID bill. These are people who work hard to become citizens and to earn the right to vote. They would like to make sure that vote is protected. One gentleman even suggested a green citizenship certificate to the polls as he say it is a great honor to be a U.S. citizen and definitely a great privilege to vote and we should protect integrity of the system. Also because my own background several Asian American groups outside my district contacted my office and expressed their concern to the *transliteration of amends and the possibility of being denied of the right to vote. Representative, I have previously discussed this concern with you and I'm understanding that you have worked hard to address this and currently it is included in this bill, is it right?

REP. PATRICIA HARLESS: Yes, Representative.

REP. ANGIE CHEN BUTTON: Okay. So thank you, Representative Harless for working so hard for this great bill and many people in my district and across the State will really appreciate this effort. Thank you very much.

REP. PATRICIA HARLESS: And may I say they are very fortunate to have you representing them because you work really hard to make sure that all your district is served.

REP. ANGIE CHEN BUTTON: Thank you.

JOE STRAUS: Mr. Anchia, for what purpose?

REPRESENTATIVE RAFAEL ANCHIA: Will the gentle lady yield?

JOE STRAUS: Would you yield, Ms. Harless?

REP. PATRICIA HARLESS: Yes.

JOE STRAUS: The lady yields.

REPRESENTATIVE RAFAEL ANCHIA: Thank you Representative Harless, you've said that -- that this bill is about protecting the integrity of the elections, correct?

REP. PATRICIA HARLESS: Yes.

REPRESENTATIVE RAFAEL ANCHIA: Under current law what you are concerned about is the fact that people may show up without photo identification at the polls and conduct voter impersonation; is that right?

REP. PATRICIA HARLESS: Not exactly. Under current law there is no type of identification that shows a photo and we don't have any way to guaratee they are who they say they are for purpose of this legislation.

REPRESENTATIVE RAFAEL ANCHIA: So that's why you struck through those pieces of identification that one might use -- in current law that one might use. that are in 63.0101 proof of identification. Which was official mail addressed to the person by name from a government entity.

REP. PATRICIA HARLESS: I think the bill is clear. I think the language is there.

REPRESENTATIVE RAFAEL ANCHIA: Did you strike that language?

REP. PATRICIA HARLESS: I added in provisions that said what you have to show as photo ID.

REPRESENTATIVE RAFAEL ANCHIA: Did you -- did you -- that's not my question.

REP. PATRICIA HARLESS: If it's not--

REPRESENTATIVE RAFAEL ANCHIA: Would you lie --

REP. CHARLIE GEREN: Mr. Lyne raises a point of order. The gentle ladies time has expired. Point of order is well taken and sustained.

REPRESENTATIVE RAFAEL ANCHIA: Mr. Speaker.

REP. CHARLIE GEREN: Mr. Anchia, for what purpose.

REPRESENTATIVE RAFAEL ANCHIA: I would like to make a motion to extend time, please.

REP. CHARLIE GEREN: This is an exception in extension of time. Unanimous consent is required. Is there objection? Mr. Anchia, there is objection. The time will not be extended. The following amendments. The clerk will read the amendments --

REPRESENTATIVE RAFAEL ANCHIA: Could we have a record vote on that? Do we get a record vote --

REP. CHARLIE GEREN: All it takes is one member, Mr. Anchia.

REPRESENTATIVE RAFAEL ANCHIA: One member. Okay. Do we -- could we place on the record who that member was who objected to this line of questioning.

REP. CHARLIE GEREN: Yes.

REPRESENTATIVE RAFAEL ANCHIA: Thank you.

REP. CHARLIE GEREN: The following amendment. The clerk will read the amendment.

CLERK: Amendment by Anchia.

REP. CHARLIE GEREN: Chair recognizes Mr. Anchia.

REPRESENTATIVE RAFAEL ANCHIA: Thank you, Mr. Speaker and members. What I was trying to talk to the gentle lady about was a major flaw in her bill that I hope everybody can follow along when I walk you through it. But under current law when you vote you actually have to show something, right? You have to show a voter registration certificate, a utility bill, a driver's license. You have to show up. If you want your vote to count you have to show something. Unfortunately, members, in this bill the author has created a loophole where you don't have to show nothing. And I don't think that's what this body wants to vote on today. So if you, please, look at the bill. I'm going to walk you through on how this happens because I think it's important for all of you to pay attention to this. I wanted it the author to answer it but she just went back to her talking points and I'm not sure she knows it's in there. So I would draw you to Section 63.09. That's when a person shows up at the polls without a certificate and with no name on the list. Okay. So this is what all of you are ostensibly concerned about and you think this bill fixes but it doesn't. So you have a voter who shows up without a certificate, whose not on the list. That person then is directed to 63.001 in the bill to execute an affidavit. So 63.001 they execute the affidavit that's on my page 11 -- I don't have numbers on my bill -- but if you could follow along it's in 63.001. You execute the affidavit in 63.001 and sub A the affidavit and you're executing an affidavit that says two things. That you're a registered voter in the precinct and that you are eligible to vote in that election. Okay. You still haven't showed any ID you have just issued an affidavit. And then from there you're -- after that first affidavit you can come back under 65.054 on page 13 -- go to 65.054 and if you do that within six days you can execute another affidavit that says one of two things. That says you're either indigent or you have a religious objection. Neither -- you don't have to provide proof of either of those. You just need to say I'm either indigent or show objection. So if you execute two affidavits you still have not shown any photo ID and it gets worse because if you look at the language of the bill under sub B it says a provisional ballot shall not may, shall be accepted by the ballot board.

REP. CHARLIE GEREN: Mr. Ritter, for what purpose.

REPRESENTATIVE ALLAN RITTER: Would the gentleman yield for a question?

REP. CHARLIE GEREN: Mr. Anchia would you yield?

REPRESENTATIVE RAFAEL ANCHIA: Not at this time but I'm happy to extend for you Allan. Just really quickly -- at that point the ballot board shall accept your ballot and you have not shown any form of photo ID. Now, I know why these affidavits are in there. I know why they are in there because the way it is drafted its drafted to be constitutional but the problem is what makes it constitutional here also allows a person to never to have shown any ID in order to vote. And that's a problem. That is worse than current law. So when the author comes up and tells me that this is about the integrity of elections and this is about making sure people show photo ID then why has she drafted a bill that allows you to never, ever, ever, show a form of ID. Simply execute two affidavits and then vote. I think it's a major flaw in this bill. And a major problem and one I don't think this body should vote for if you care about ballot integrity.

REPRESENTATIVE ALLAN RITTER: Ladies and gentlemen, would the gentleman yield?

REP. CHARLIE GEREN: Mr. Ritter, for what purpose?

REPRESENTATIVE RAFAEL ANCHIA: I ask that you the actually read the bill --

REPRESENTATIVE ALLAN RITTER: Would the gentleman yield?

REPRESENTATIVE RAFAEL ANCHIA: -- and look at its provisions.

REP. CHARLIE GEREN: Mr. Anchia, would you yield?

REPRESENTATIVE RAFAEL ANCHIA: I will, yes.

REPRESENTATIVE ALLAN RITTER: Rafael, I've been listening to what you're saying and looking at the bill and I'm having kind of a little bit trouble following you a little bit. What I'm reading does this amendment not just gut this whole bill?

REPRESENTATIVE RAFAEL ANCHIA: No, that's the enacting clause. What I'm going over right now is -- I couldn't -- I couldn't give --

REPRESENTATIVE ALLAN RITTER: But the amendment I'm reading --

REP. CHARLIE GEREN: Mr. Anchia, the amendment that is up is the enacting clause.

REPRESENTATIVE RAFAEL ANCHIA: I understand. I understand. The amendment deals with the enacting clause but what I wanted it to do is to have an opportunity since the chairwoman couldn't answer the questions --

REPRESENTATIVE ALLAN RITTER: So this amendment is -- strikes the enacting clause and guts the whole bill. Thank you.

REPRESENTATIVE RAFAEL ANCHIA: No. That is right. That's right. And I'm going to pull the amendment down, Chairman Ritter, but what I did -- wanted to --

REP. CHARLIE GEREN: Mr. Menendez, for what purpose?

REPRESENTATIVE RAFAEL ANCHIA: What I did want to do is to have an opportunity to alert the body that the bill that you're about to vote -- that you were going to vote on today is actually worse than current law.

REP. CHARLIE GEREN: Does Mr. Anchia -- would you yield to Mr. Menendez.

REPRESENTATIVE RAFAEL ANCHIA: I will.

REP. JOSE MENENDEZ: Representative Anchia, I'm not sure if you read the San Antonio Express newspaper this morning.

REPRESENTATIVE RAFAEL ANCHIA: I did not.

REP. JOSE MENENDEZ: This morning the paper reported that the commissioners court is debating this very bill and the issue they were debating is what you brought up. The issue of the question of if you show up to the ballot box without -- and you file this affidavit they ask the county elections clerk would it increase the amount of work and would it increase your necessity to hire more people for the folks who have come back to prove they have an affidavit. Does that surprise you?

REPRESENTATIVE RAFAEL ANCHIA: No, it doesn't surprise me. Look, the bill is in-artfully drafted regrettably and is also very convoluted. There is an easier way to deal with this problem and fix this issue but clearly the way to fix this issue is not to law people who show up with nothing to vote. That's what contained in this bill. A way to fix this problem is to create just one affidavit that is only available to people who bring in their voter registration certificate and who are on the list. But in this case you neither have photo ID, you neither have a voter registration certificate nor are you ever asked to prove your identity. You simply execute two affidavits without ever having been on the voter list and I think that's a major hole in the bill.

REP. JOSE MENENDEZ: So, Representative Anchia, by creating this second visit that the voter would have to make to prove their identity, would it create an unfunded mandate on counties?

REPRESENTATIVE RAFAEL ANCHIA: Well, clearly. Look, this bill not only creates an unfunded mandate but there's a constitutional problem that the chair did not want to rule on that's going cost the State of Texas roughly $14 million. Because once people figure out that if you say you're getting a ID in order to vote, you're not having to pay the 16 bucks that you have to pay. Then everybody is going to get it for free. Then there's going to be a hit on the mobility fund to the tune of about $7 million biennium, 14 million -- excuse me, $7 million a year, 14 in the biennium. It's going to be an unfunded mandate to local governments as well. And you know I don't think the LBB did its job in doing this bill. Department of Public Safety said they couldn't provide an estimated lost to the mobility fund on this even though they had during the Mary Denny bill of 2005. I mean they're trying to hide costs here that I think your commissioners court is right to be concerned about.

REP. JOSE MENENDEZ: Were you -- are you aware of the fact that it cost the State of Indiana $2 million, I believe, or was it $4 million in order to provide these free IDs.

REPRESENTATIVE RAFAEL ANCHIA: Look, if you took the per capita expenditures of the state of Indiana which is a fraction of the size of Texas this bill should cost $20 million minimum in the State of Texas to implement probably 30 million. None of that is here. The $2 million of HAVA funds that are available and clearly this is far below what Missouri would have used to implement, far below what Indiana would have used to implement.

REP. JOSE MENENDEZ: So, these funds in this budget crisis that we have -- the current budget crisis that we have, that we are dealing with, that we are not actually dealing with at this time -- that teachers are fearing for their jobs, that we're looking at cuts in state furloughs and other things this is money that we could use to offset those job losses, is it not?

REPRESENTATIVE RAFAEL ANCHIA: I mean, clearly the hit on county governments is not going to be insignificant. The hit to the Texas mobility fund is going to be significant and I think we'll give rise to a constitutional challenge in the future. I completely respect your concerns about the difficult budget time that is we have and I think they're being ignored in this bill.

REP. JOSE MENENDEZ: Did we not -- I mean don't we issue bonds on the mobility fund and is this possible debt service -- debt revenue that we're taking from -- does possibly put us in --

REPRESENTATIVE RAFAEL ANCHIA: That's the problem, Representative. You've hit it precisely. The problem is that you've got the Texas Mobility Fund that is lock boxed in the constitution, that is ring fenced there so that you don't raid the mobility fund. The reason that you don't want to raid the mobility fund is that it is pledged to amortize bonded indebtedness for the State for the construction of roads. So the minute you have a reduction and it says it very clearly in the Texas constitution. The minute you have a reduction in the Texas Mobility Fund it becomes unconstitutional if you have no other way to replace it. This bill provides no other way to replace it and ultimately is going to be a hit on the mobility fund and could have the effect of hitting our bond rating if the hit is significant enough.

REP. JOSE MENENDEZ: Representative Anchia.

REP. CHARLIE GEREN: Representative Lyne, raises a point of order that the gentleman's time has expired. The point of order is well taken and sustained. Chair recognizes Ms. Harless to speak against the amendment.

REPRESENTATIVE RAFAEL ANCHIA: Mr. Speaker, will the gentle lady yield.

REP. CHARLIE GEREN: Will you yield, Ms. Harless.

REP. PATRICIA HARLESS: Yes.

REP. CHARLIE GEREN: She will, Mr. Anchia.

REPRESENTATIVE RAFAEL ANCHIA: Thank you, Mr. Speaker. Thank you Representative. Can you walk me through your bill really quickly? Can you go to 63.009 which deals with a person who shows up at the polls with no certificate, who is not on the list and obviously not a photo ID either?

REP. PATRICIA HARLESS: Representative Anchia, we have gone through this over and over. If you want to talk about it I'm welcome to extend your time and allow you to talk about but it is detracting from what we're trying to do. This bill is clear. It's plain --

REPRESENTATIVE RAFAEL ANCHIA: I just want to make sure I have the proper understanding and I do want to talk about it. So, I appreciate you indulging me. In 63.009 a person who shows up at the polls who is not on the list and doesn't have either a photo ID or a voter registration certificate can vote a provisional ballot, correct?

REP. PATRICIA HARLESS: That's what we discussed earlier and that was agreed to continue --

REPRESENTATIVE RAFAEL ANCHIA: I didn't hear an answer to my question. So, they can vote a provisional ballot, correct?

REP. PATRICIA HARLESS: We discussed this over and over and over. If she show up with one of the approved forms of photo ID they can cast their ballot. If they do not have one of the proof forms of ID they can cast a provisional ballot.

REPRESENTATIVE RAFAEL ANCHIA: But this is for a person that neither has -- who shows up without a photo ID, without a voter registration ticket and who is not on the list. We have not talked about that situation yet, right? This is different. Can you walk me through what happens to that person in that section 63.009. Do they vote a provisional ballot?

REP. PATRICIA HARLESS: If they show up without a photo ID and want to cast a ballot they can vote a provisional ballot.

REPRESENTATIVE RAFAEL ANCHIA: Okay. So that includes people who show up without photo ID, without a voter registration certificate ticket, and who are not on the list, correct?

REP. PATRICIA HARLESS: The bill is clear on the requirements that that has.

REPRESENTATIVE RAFAEL ANCHIA: Can you walk me through --

REP. PATRICIA HARLESS: You've got the bill there.

REPRESENTATIVE RAFAEL ANCHIA: Can you walk me through 63.009. I know the bill is clear to you.

REP. PATRICIA HARLESS: I'm ready to vote on amendments. I've walked you through as --

REPRESENTATIVE RAFAEL ANCHIA: So I haven't been able to ask questions. I mean, we've had points of order. So this is my first time I get to ask you questions.

REP. PATRICIA HARLESS: Okay.

REPRESENTATIVE RAFAEL ANCHIA: So under 63.009 a person who does not have a photo ID, does not have a voter registration certificate, and who is not on the list votes a provisional ballot under 63.011, correct?

REP. PATRICIA HARLESS: That's what you say. That's what you're reading from the bill.

REPRESENTATIVE RAFAEL ANCHIA: Please, this is not a game, Representative. Can you just answer what's in your bill.

REP. PATRICIA HARLESS: It's really not. Really. You want to go there.

REPRESENTATIVE RAFAEL ANCHIA: Don't say -- don't say.

REP. PATRICIA HARLESS: I mean it kind of is.

REPRESENTATIVE RAFAEL ANCHIA: You know what it's not a game to me, Representative. It's not a game to my constituents.

REP. PATRICIA HARLESS: It's not a game to me either.

REPRESENTATIVE RAFAEL ANCHIA: It's not a game. Okay.

REPRESENTATIVE CHARLIE GEREN: Excuse me, Mr. Anchia, would you, please, maintain order, you know, try to keep the conversations civil, please.

REPRESENTATIVE RAFAEL ANCHIA: Thank you, Mr. Chairman I just like a question answered. So I'm just asking the gentle lady and not making levity of it I just want to ask the gentle lady under 63.009 if a person is does not have their voter registration certificate is not on the list and does not have a photo ID do they vote a provisional ballot there.

REPRESENTATIVE PATRICIA HARLESS: What page are you looking at?

REPRESENTATIVE RAFAEL ANCHIA: It's on my page 9. It may be different on your -- on your page. I don't -- I'm not sure we have the same one it's in Section --

REPRESENTATIVE PATRICIA HARLESS: Section 13.

REPRESENTATIVE RAFAEL ANCHIA: Section 13 of your bill.

REPRESENTATIVE PATRICIA HARLESS: It says Section 13. Is section 63.009 the election code -- is amended to read the following section 63.009 voter without can ticket who is not on the list a voter who does not present a voter registration certificate when offering to vote and whose name is not on the list of registered voters for the precinct in which the voter is offering to vote shall be accepted for provisional voting, if the person executes an affidavit in correspondence with 63.001. How far do you want me to read because I can read the whole bill.

REPRESENTATIVE RAFAEL ANCHIA: No, that's perfect. Relates to 63.001 then. That's where they execute the -- that's where they cast the provisional ballot and from there the affidavit and that's on my page 11. It's in Section 15 of your bill. So the affidavit there says the affidavit that you have to execute says that you're a registered voter and you are eligible to vote in the election; is that not correct?

REPRESENTATIVE PATRICIA HARLESS: If you're looking at Section 15.

REPRESENTATIVE RAFAEL ANCHIA: Section 15. Right. If you execute an affidavit --

REPRESENTATIVE PATRICIA HARLESS: And are you looking at A.

REPRESENTATIVE RAFAEL ANCHIA: A1 and 2.

REPRESENTATIVE PATRICIA HARLESS: Okay. If you notice in that there's no changes to the current code accept for 63.001B is added and 63.008B is deleted or 63.009 and 63.009 is deleted. Do you want me to read the whole bill or just -- do you want --

REPRESENTATIVE RAFAEL ANCHIA: No. No. I don't want you to be frustrated. I just want you to walk through it with me because there are changes in that code section and they relate to a person who shows up with nothing to the polls. They execute this affidavit, correct? In 63.011; is that not right.

REPRESENTATIVE PATRICIA HARLESS: Right.

REPRESENTATIVE RAFAEL ANCHIA: Okay. And then if they come back six days later, they can cure on page 12, Section 65.054 -- my page 12, Section 17 of your bill, right. They can cure by signing another affidavit saying that they're indigent or have a religious objection, correct? And that's under subsection 2B, 1A and B.

REPRESENTATIVE PATRICIA HARLESS: A voter is indigent and unable to obtain proof of identification without a payment of a fee or has a religious objection to being photographed and if -- you want me to keep going.

REPRESENTATIVE RAFAEL ANCHIA: That's good, that's good. So, has a voter ever showed any photo ID in that process.

REPRESENTATIVE PATRICIA HARLESS: I'm -- the language is very clear on what happens if they show up and they're not on the list. That's what we're reading about.

REPRESENTATIVE RAFAEL ANCHIA: I agree it's clear but I also think it's worse than current law if -- if you -- if it provides less security than current laws. So you can show up with not being on the list, without an ID, and without a certificate you can execute a first affidavit and you can execute a second affidavit and never have to show any ID, correct?

REP. PATRICIA HARLESS: Representative, would you like to bring an amendment?

REPRESENTATIVE RAFAEL ANCHIA: Yeah. Oh, I have some amendments that deal with this issue.

REPRESENTATIVE PATRICIA HARLESS: Well, do you want to bring them and we'll talk about them?

REPRESENTATIVE RAFAEL ANCHIA: Absolutely, oh, I'd love it. I'm going to have an amendment that deals with this very issue and simplifies all the affidavits that you have in the bill and I hopeful you're open because I think it would be a significant improvement. I see here that you're bill is worse than current law and really undermines the argument that this is about ballot integrity because suddenly you have a member in this case where people can come in and never show anything and not be on the list and a ballot board shall accept their ballot. It's not even a may anymore you changed it to shall.

REPRESENTATIVE PATRICIA HARLESS: They have six days to prove who they are and the ballot board at that point would --

REPRESENTATIVE RAFAEL ANCHIA: But they don't have to prove who they are. They just have to say they have religious objection or indigent. They never really have to proof who they are do they.

REPRESENTATIVE PATRICIA HARLESS: My understanding is that they have six days to cure and that their ballot will be counted.

REPRESENTATIVE RAFAEL ANCHIA: They have six days to cure and so they can execute that affidavit and ultimately vote without ever showing ID right.

REPRESENTATIVE PATRICIA HARLESS: I'm more than happy to look at your amendment if you want to offer an amendment.

REPRESENTATIVE RAFAEL ANCHIA: Okay. I'm definitely going to have an amendment. So, thank you.

REPRESENTATIVE PATRICIA HARLESS: Move to table.

REPRESENTATIVE CHARLIE GEREN: Mr. Anchia to close.

REPRESENTATIVE RAFAEL ANCHIA: Thank you, Mr. Speaker and members. I'm so pleased that the gentle lady is open to amendments to fix this problem in her bill. The amendment that you have before you, as Chairman Ritter points out, does not fix that problem but it did give me an opportunity to ask the gentle lady questions about how the bill is actually worse than current law and presents a huge loophole. I mean if people are concerned about ballot integrity here then they should be very concerned about these provisions in the bill. There's a much more simple way to do it and I'm going to have an affidavit that allows a person to come in only with the voter registration affidavit. In the current bill you can show up and not be on the list and not have a voter certificate and issue two affidavits and bingo the ballot board has to take your ballot. It's not even permissive. It's mandatory and I think it's a flaw in the bill. I think it's one that can be easily remedied and I think if we do two things, members, we can come up with a good photo identification bill. The first one is, fix that problem with the single affidavit that people can use; and the second one is, just expand the scope of the photo ID that people can provide. I think if you do those two things, members, you can come up with a bill that a lot of people can support on this floor. So you're going to see some amendments from myself and from colleagues that are going to seek to do that. And I hope that you approach those with an open mind. Mr. Speaker I withdraw the amendment.

REPRESENTATIVE CHARLIE GEREN: This amendment is withdrawn. The following amendment. The clerk will read the amendment.

CLERK: Amendment by Anchia.

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Mr. Anchia. Mr. King, for what purpose?

REPRESENTATIVE PHIL KING: Parliamentary inquiry.

REPRESENTATIVE CHARLIE GEREN: Make your inquiry Mr. King.

REPRESENTATIVE PHIL KING: Am I correct that in questions and response going back and forth people at each mike that the scope of the questions must be within the topic of the amendment?

REPRESENTATIVE CHARLIE GEREN: You are correct Mr. King.

REPRESENTATIVE PHIL KING: So there should be an encouragement to restrict -- if I'm at a back mike the encouragement to me should be to restrict my questions to --

REPRESENTATIVE CHARLIE GEREN: I will do that. I will do that.

REPRESENTATIVE PHIL KING: -- restrict my comments before the House.

REPRESENTATIVE CHARLIE GEREN: I will do that, Mr. King, thank you. Representative Anchia.

REPRESENTATIVE RAFAEL ANCHIA: I will temporarily withdraw the amendment the gentle lady says she will take a look at it.

REPRESENTATIVE CHARLIE GEREN: The amendment is temporarily withdrawn. The following amendment. The clerk will read the amendment.

CLERK: Amendment by Giddings.

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Ms. Giddings.

REPRESENTATIVE HELEN GIDDINGS: Thank you very much, Mr. Speaker and members. I'm sure that we don't want to disenfranchise any voters. Unfortunately identity theft is a growing issue and depending on when it might occur to an individual it could result in their inability to vote under the bill without the amendment that I have. The amendment that I have would allow someone who has been the victim of identity theft to execute an affidavit under the penalties of perjury and to also carry police report to polls and they would then be allowed the exemption and would qualify for the exemption and be allowed to vote.

REPRESENTATIVE CHARLIE GEREN: Is the amendment acceptable -- the amendment is acceptable to the offer. Is there any objections? Chair hears none. The following amendment. The clerk will read the amendment.

CLERK: Amendment by Turner.

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Mr. Turner.

REPRESENTATIVE SYLVESTER TURNER: Thank you, Mr. Chairman and members. Under the current law the individuals who preside over the early polling place on the early voting on election day must come from the party of the person who won the last governors race. And so; for example, in my district people who have been presiding over the early polling place for early voting and on election day -- people who have been presiding over 20 years were removed and other people were brought in to run the election. And I want you to imagine in my district new faces, who in most cases did not look like me, came in and took over the polling place. That created a great deal of disruption. What my amendment does is the amendment stops the current system of county clerk and it's restricted to Harris County select all from the same party, election judges at all the polling places for early and regular voting, in Harris County. And basically what it says is that to better -- to the people who run the election after they meet all of the other eligibility requirements will come from the same party of the state representative of that particular district. That's all that it says.

REPRESENTATIVE CHARLIE GEREN: Members, there is an amendment to Mr. Turner's amendment it is being filed right now. So hang on just a second, please. Chair recognizes Mr. Turner.

REPRESENTATIVE SYLVESTER TURNER: Because of the favorable response that I'm get people wanting to include Dallas in this as well I want to temporarily indraw -- withdraw this favorable amendment.

REPRESENTATIVE CHARLIE GEREN: The amendment is temporarily withdrawn. The following amendment. The clerk will read the amendment.

CLERK: Amendment my Hochberg.

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Mr. Hochberg.

REPRESENTATIVE SCOTT HOCHBERG: Thank you, Mr. Speaker and members. One of the parts of this bill requires precinct officials to make a judgment if the identification material you present has your name spelled differently than it appears on the role and the judgment is, is it close enough. Is it substantially similar. That's a difficult decision to make and I am absolutely certain that with the number of precinct officials we have all over this state it will be made differently for different people. And if I could just ask the author if this might be acceptable before I go into a long spiel about it. May I make a parliamentary inquiry or do I need to go back up.

REPRESENTATIVE CHARLIE GEREN: State your inquiry.

REPRESENTATIVE SCOTT HOCHBERG: The inquiry is if an amendment adds rule making to a bill and the bill -- first of all this does not -- okay. So it's not an issue -- Thank you, Mr. Speaker. Thank you Representative Harless. Here is the situation roughly 10 percent of the voter registrations that are filed, that are turned in either through clerical error or misreading get mistyped. And we now have a procedure that filters that out but everyone who has been on the roles for up to about the last two years, if your name got on there and it's misspelled it's still misspelled. The bill recognizes that that takes place and what the bill says is that the precinct official can accept your identification if your name is substantially similar to what's on your driver's license. The problem is what's substantially similar? I'm not just making this up because I've had discussions over the last four years with the Secretary of State automatically correcting incoming cards. And Chairman Smith knows this -- even passed a bill about it. And the Secretary of State said, gee, we don't know what's substantially -- we don't know what's similar we want the legislature to give us direction before we automatically correct incoming listings. Well, translate that down to your precinct official. You have precinct official and the name comes in and -- I have examples if we get into a debate about this -- where I would ask is this is close enough or isn't it. The precinct official is not going to know. You're going to get different interpretations by different officials. And so all this amendment says is, the Secretary of State will set the standard for that, so it can't be questioned afterwards. People can't come back and say Ritter is spelled with one T or Ritter is spelled with two T or Ritter with two Ts really isn't similar to Ritter with one T. And again if we get into a session if this isn't acceptable, I have example after example both from Secretary of State's file and I printed off my own voter role the other night or part of it, just a few pages and I could read them off where two people in the same household with clearly the same last name aren't registered with the same exact last name. So I think this will make thing easier. I'm not trying to mess your bill I'm trying to improve it. I hope this is acceptable to the author.

REPRESENTATIVE CHARLIE GEREN: The amendment is acceptable to author is there any objection? Chair hears none. So order. The following amendment. The clerk will read the amendment.

CLERK: Amendment by Davis of Dallas.

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Ms. Davis.

REPRESENTATIVE YVONNE DAVIS: Thank you Mr. Speaker and members. I have an amendment that just merely states that if a person provides or meets all the procedures to use provisional ballot that their vote will be counted. I'm certain that the author of the bill and the intent of the bill is not to deny ones 14th nor 15th amendment, their right to vote. If we're trying to insure the integrity of the election process we must ensure that voters who have a right to vote have their votes counted. And it only says that once the -- once the procedures have been followed the voter ballot will be accepted. So I think it's just simply saying that you will not take peoples' right away from them to vote.

REPRESENTATIVE CHARLIE GEREN: Mr. Madden for what purpose.

REPRESENTATIVE JERRY MADDEN: Mr. Speaker, will the gentle lady yield for questioning?

REP. CHARLIE GEREN: Representative Davis would you yield they're trying to work out a deal down here just wait.

REPRESENTATIVE JERRY MADDEN: I would hope, Mr. Speaker, that the question I have might have some relevance on their discussion.

REPRESENTATIVE CHARLIE GEREN: Hang on just one-second. Representative Davis, would you yield to a question from Mr. Madden.

REPRESENTATIVE YVONNE DAVIS: Yes.

REPRESENTATIVE CHARLIE GEREN: She yields, Mr. Madden.

REPRESENTATIVE JERRY MADDEN: Thank you, Mr. Speaker. Thank you, Ms. Davis. Ms. Davis there are current rules for handling provisional ballots that is -- we currently have under the law. What I was basically going too ask, does your amendment as it's written change the procedures that are currently in place for the handling of and acceptance of and counting provisional ballots.

REPRESENTATIVE YVONNE DAVIS: And Jerry that's what our discussion is. My intent is not to change how we handle a provisional ballot. My intent is to suggest that once we've handled it and found that everything is in compliance if you can't -- you can't throw that ballot out. So I'm not trying to change anything. The bill just simply says, the notice if all procedures are followed there is no guaranty that the voters provisional ballot would be accepted. I'm just suggesting once you have met all of the criteria that you just can't throw a ballot out. People would be denying the right to vote. So this is in fact the way to make sure we're not taking peoples right to vote away, if in fact they follow the procedures. That is a good provisional ballot.

REPRESENTATIVE JERRY MADDEN: Am I --

REPRESENTATIVE YVONNE DAVIS: So we're.

REPRESENTATIVE JERRY MADDEN: Am I -- my question relates to language of following the provisions or the procedures correctly verses meeting the legal requirements they have for the acceptance of these provisional ballots. And I want to make sure that your amendment is not just saying if they follow the procedure for doing it that that's accepted but -- and it changes the reason for acceptance from that stage from what we currently have in the law.

REPRESENTATIVE YVONNE DAVIS: And I think that question is and I can't -- and we'll go back and review it but my intent is to just -- you can't have people making, telling vote on a provisional ballot and then they do all the things that provide the procedures are all in place for provisional ballots and then you just throw the ballot out. But I think there might be some question about that but my fear is that we're going to tell people you can vote with a provisional ballot and they can be arbitrarily discounted and thrown out. That's the question. Are we going to allow the provisional ballots to not have -- to not be considered a real ballot. If that's the case we have written in the bill that we would, in fact, not give people the right to vote and that's what I'm concerned about.

REPRESENTATIVE JERRY MADDEN: And my concerns are that we are going to accept provisional ballots that otherwise would not be accepted under current law. Is this because they don't follow the procedures that you have in this legislation?

REPRESENTATIVE YVONNE DAVIS: Well, and I'll get clarification on it but the reality is it sounds as though the person uses a provisional ballot, it sounds as though the language is saying that they might -- that you're not going to guaranty the ballot is acceptable. And so, people -- it would have an effect of saying that people wouldn't have voted. That would have not been their right to vote. And so, I'm trying to make sure that we're not doing that so we don't have all of the provisional ballots being put aside and saying they're not acceptable. You have it because you have to be able to have an alternative way to legitimate the voter; is that correct?

REPRESENTATIVE JERRY MADDEN: And that's the provisional requirements are there specifically. We know that people make mistakes on the list, that people don't have all of the people on the list that are supposed to be, and then they show up and so, there's a reason to check on that. And as I said, my concern is that your language basically just says if they follow a certain procedure they will be automatically accepted and that's not the current criteria of the law.

REPRESENTATIVE YVONNE DAVIS: My concern is we are writing in that your ballot might not be and so it has to effect the dying one the right to vote. I'm happy to go back do change it and tighten it but not trying to change the method of process just trying to make sure that we don't inadvertently tell people that the provisional ballot could be denying your right to vote by voting it with a provisional ballot. And that we will write that in the law. So I will withdraw it and see if I can tighten it up.

REPRESENTATIVE JERRY MADDEN: Okay. Okay.

REPRESENTATIVE YVONNE DAVIS: Because that's where I'm trying to go with this. Thank you, Jerry.

REPRESENTATIVE JERRY MADDEN: Thank you Ms. Davis.

JOE STRAUS: The amendment is temporarily withdrawn. The following amendment. The clerk will read the amendment.

CLERK: Amendment by Bonnen.

JOE STRAUS: Chair recognizes Mr. Bonnen.

REP. DENNIS BONNEN: Mr. Speaker, members, this amendment removes the requirement that anyone over 70 does not have to show an ID. It is acceptable to author.

JOE STRAUS: Mr. Veasey, for what purpose?

REPRESENTATIVE MARC VEASEY: Would the gentleman yield for a question?

JOE STRAUS: Gentleman yield.

REP. DENNIS BONNEN: I'd be honored.

REPRESENTATIVE MARC VEASEY: Mr. Bonnen, why would you want to remove the exemption? I think it was put in there for a reason and I'm sure the author can explain but why would you want to remove the exemption. I don't understand.

REP. DENNIS BONNEN: Why would I want to remove it? A great example would be my mother and father. My father is about 75 years old give or take a few years and he is handicapped he has a handicap exemption. My mother doesn't like to admit it here publicly but she's a slight few years older than my father. She has no problem, no issue voting with an identification. There is no problem for her to do it. So the reality of it is, there's no need to set a line of age that says beyond that age you don't need an ID to go cast a ballot. We have other provisions in this bill that provide exemptions to individuals that maybe in their later years, through indigent, through handicap, through disability that could allow them to be precluded in using an ID.

REPRESENTATIVE MARC VEASEY: Now my grandmother votes by mail. She's 98 years old. She votes by mail but she hasn't driven in at least 16 years.

REP. DENNIS BONNEN: This doesn't cover vote by mail.

REPRESENTATIVE MARC VEASEY: Huh.

REP. DENNIS BONNEN: This doesn't cover vote by mail.

REPRESENTATIVE MARC VEASEY: I know it doesn't cover vote by mail but my question is let's say her vote by mail gets lost in -- her ballot actually gets lost in the trash and I'll take her up to Como Elementary School to vote how would she vote with unexpired --

REP. DENNIS BONNEN: She's disabled though; is that correct? Did you not just -- I don't want to --

REPRESENTATIVE MARC VEASEY: No, she's not disabled.

REP. DENNIS BONNEN: Oh, she's not disabled. Good, she could vote a provisional ballot.

REPRESENTATIVE MARC VEASEY: Would she vote a provisional ballot that would count or would she vote a provisional ballot that she would actually have to bring an ID back up -- would I have to take her back down to downtown Forth Worth -- her vote would actually count.

REP. DENNIS BONNEN: Yes. It should count. Yeah, my understanding is that it would.

REPRESENTATIVE MARC VEASEY: Because I thought under Patricia's bill that if you cast a provisional ballot you could not vote unless you bring your ID back six days later.

REP. DENNIS BONNEN: Her ballot should be able to count though.

REPRESENTATIVE MARC VEASEY: Excuse me.

REP. DENNIS BONNEN: Her ballot should be allowed to count.

REPRESENTATIVE MARC VEASEY: What if she doesn't take her ID back to the Tarrant County Courthouse.

REP. DENNIS BONNEN: She would have to get an ID, yes.

REPRESENTATIVE MARC VEASEY: She wouldn't be able to get one in six days. That's my point.

REP. DENNIS BONNEN: That's what's good about passing this law now. She'll have plenty of notice.

REPRESENTATIVE MARC VEASEY: Yeah, I mean we can my grandmother go get on ID but not everybody can I just think that that seems to be a little insensitive to a pretty large group of folks.

REP. DENNIS BONNEN: In the states that have passed the voter ID law don't have any age requirement or restriction on showing an ID. Georgia does not, Indiana does not, Florida does not.

REPRESENTATIVE MARC VEASEY: Thank you.

REP. DENNIS BONNEN: Thank you.

JOE STRAUS: Members we have two amendments to the amendment being drafted. The following amendment to the amendment. The clerk will read the amendment.

CLERK: Amendment to the amendment by Eiland.

JOE STRAUS: Chair recognizes representative Eiland.

REPRESENTATIVE CRAIG EILAND: Mr. Speaker, members, sorry for the delay but Mr. Bonnen's amendment had gone on and it cut my amendment off. What my amendment does it takes the age from 70 down to 65. It uses the language that the Secretary of State will adopt rules consistent with the definition of elderly in the government code and in the penal code. And the penal code will define the age of an elderly person is age 65 and the government code will also define elderly as age 65. And so to be consistent between the election code, the government code, and the penal code I simply say keep them consistent and that would be age 65.

JOE STRAUS: Mr. Eiland sends up an amendment. Mr. Bonnen sends up an opposition.

REP. DENNIS BONNEN: Mr. Speaker, members, with all respect to Mr. Eiland. What his amendment to my amendment does and he had to do an amendment to the amendment because he later had an amendment to change the age from 70 to 65. If my amendment which is acceptable goes on and it would have cut off the opportunity to have offered that. But the issue is, I believe, we should not be creating a special class in lowering the age to 65 or have any age. So, I ask with respect that you work with me in tabling the amendment to the amendment.

JOE STRAUS: Chair recognizes Representative Eiland to close.

REPRESENTATIVE CRAIG EILAND: And members, I believe that we are -- when we are going to require photo IDs for our voters we know and recognize that many elderly people may not have photo IDs readily available to them or and that they maybe out of date. They don't have driver's license or those type of things and so we just simply grandfather them. And in order to grandfather them in the Senate just simply put age 70. And I think it ought to be age 65 and I think we ought to be consistent with the age of the elderly between the election code, the government code, and the penal code. And so for that reason vote no motion to table to take our seniors and our elderly and let them vote as they have been.

JOE STRAUS: Ms. Alvarado for what purpose?

REP. CAROL ALVARADO: Mr. Speaker would the gentleman yield?

JOE STRAUS: You yield.

REPRESENTATIVE CRAIG EILAND: Yes, I yield.

REP. CAROL ALVARADO: Okay elderly is already defined in several statutes in Texas. The Health and Human Services Code defines it at 65, another section of the Health and Human Services code defines it at 60, the utility code defines it at 60, the government code defines it at 65, the penal code defines it at 65. Why would he define elderly at 70?

REPRESENTATIVE CRAIG EILAND: I don't know and that's why I chose the government code and the penal code so that it would be consistent among those at age 65.

REP. CAROL ALVARADO: Okay, well would making 70 the definition the elderly for voting purposes make the voting requirements more stringent than the penal code and those receiving benefits from Health and Human Services?

REPRESENTATIVE CRAIG EILAND: Yes, it would make -- it would be elderly depending upon how the government defines it in three different ages 60, 65, or 70.

REPRESENTATIVE CAROL ALVARADO: So do you believe that the current version of the bill does enough to protect senior citizens right to vote.

REPRESENTATIVE CRAIG EILAND: No.

REP. CAROL ALVARADO: Okay. So you're amendment to the amendment would lower the age to 65?

REPRESENTATIVE CRAIG EILAND: Yes.

REP. CAROL ALVARADO: Okay. Are there other areas of the Texas code that define the elderly at 65.

REPRESENTATIVE CRAIG EILAND: Well, as I've mentioned for crimes against the elderly it's 65 and the government code is 65.

REPRESENTATIVE CAROL ALVARADO: So, why aren't we being consistent with what's already in law?

REPRESENTATIVE CRAIG EILAND: The reason I was told was it was they were staying with the Senate language of 70 and no other logical reason.

REPRESENTATIVE CAROL ALVARADO: Thank you.

REP. PATRICIA HARLESS: Mr. Speaker.

JOE STRAUS: Ms. Harless for what purpose?

REPRESENTATIVE PATRICIA HARLESS: Would the gentleman yield?

REPRESENTATIVE CRAIG EILAND: Yes.

JOE STRAUS: He yields.

REP. PATRICIA HARLESS: Representative Eiland, I wanted to kind of confirm. You understand that if you're 65 or older you right now have the ability to vote ballot by mail.

REPRESENTATIVE CRAIG EILAND: Yes.

REPRESENTATIVE PATRICIA HARLESS: So if we're not necessarily doing anything they can already vote ballot by mail which is typically, in my district, what most of the seniors do.

REPRESENTATIVE CRAIG EILAND: But many of them still show up and vote at the polls.

REPRESENTATIVE PATRICIA HARLESS: Thank you.

REPRESENTATIVE CRAIG EILAND: Please vote no on the motion to table.

JOE STRAUS: Representative Eiland sends up an amendment. Representative Bonnen moves to table. This is on the motion to table. Clerk will ring the bell. It's a record vote. Showing Mr. Bonnen voting aye, showing Ms. Harless voting aye, showing Mr. Eiland voting no, showing Mr. Solomon is voting aye, show Mr. Geren voting aye. Have all voted? Being 99 ayes and 250 nays motion to table motion prevails. Following amendment. The clerk will read the amendment. Mr. Veasey, for what purpose.

REPRESENTATIVE MARC VEASEY: Mr. Speaker, I have a parliamentary inquiry, please.

JOE STRAUS: State your inquiry.

REPRESENTATIVE MARC VEASEY: Is it your understanding that after this bill passes that it has to be proved by the justice department to make sure that it complies with the 1965 Voting Rights Act.

JOE STRAUS: Mr. Veasey the chair has not been advised. There has been discussion of that chair has not advised.

REPRESENTATIVE MARC VEASEY: Mr. Speaker, earlier Angie Chen Button from Dallas came up and said that her constituents that are protected under the Voting Rights Act was actually for a bill that required photo ID. And the reason why I was asking you and made that parliamentary inquiry is because I believe that the Voting Rights Act or the people at the justice department will actually make the determination of who is covered under the Voting Rights Act and who's not. And so, because that maybe part of the record I want to make sure we clarify that. If it was your understanding it was going to be sent to justice department for review since we are a Section 5 state. Thank you.

JOE STRAUS: Thank you, Mr. Veasey. Following amendment. The clerk will read the amendment.

CLERK: Clerk amendment to the amendment by Alonzo.

JOE STRAUS: Chair recognizes Mr. Alonzo.

REP. ROBERTO R. ALONZO: Thank you, Mr. Speaker, members. Mr. Speaker, members, this is a 65 age requirement similar to Representative Eiland accepting a slight different matter trying to make it consistent. But the point I'm bringing this amendment is the research shows that one in five women do not renew their driver's license and in this case we're asking for a photo ID. You know, I was visiting with one of the members a few minutes ago and there comes to a time when we get to an age of 65 and why we make certain laws for people that are 65. At some point we made a law to have Social Security at 65. At some point we made a law to have certain protections of the elderly at 65. At some point we made a law to make sure they have a certain services at 65. What we're saying with this amendment and I think at some point the committee stuck with 70 was the idea that we have to pay a certain respect, a certain respect to part of our constituency, part of our state that has to have that special protection. I ask you, members, because of this certain respect that we provide for our elderly citizens that you ask that you approve this amendment that they be exempted at 65.

JOE STRAUS: Chair recognizes representative Bonnen.

REP. DENNIS BONNEN: Thank you, members, same song, second verse I would ask that you vote with me on the motion to table.

JOE STRAUS: Chair recognizes Representative Alonzo to close.

REP. ROBERTO R. ALONZO: Members, I understand that Representative Bonnen might say same verse, same song. Elderly people are not same song, same verse. Elderly people have to be respected. The reason we bring this amendment forward at some point at committee they said 70. After discussing and deliberating they accept it. This is not same song, same verse, members. If you vote no on the motion to table you're saying no to same song, same verse. Please, vote no on the motion to table.

JOE STRAUS: Mr. Alonzo sends up an amendment. Representative Bonnen moves to table. This is on the motion to table. It's a record vote. Clerk will ring the bell. Show Mr. Bonnen voting aye, show Ms. Harless voting aye, show Mr. Aycock voting aye. Have all voted? Have all voted? Being 98 ayes and 50 nays motion to table prevails. Mr. Bonnen sends up an amendment. Amendment is acceptable to the author. Is there any objection? Representative Veasey wishes to speak against the amendment. Chair recognizes Representative Veasey.

REP. MARC VEASEY: Members, I want to speak against the amendment because obviously the prior two amendments that were set up were trying to protect the old people, to preserve their rights, for it to be easy for them to vote and I think that's all we're asking is for a little flexibility on this. We're getting absolutely none at all and I think that's unfortunate because when the bill was laid out I was under the impression that there wouldn't be different amendments added under the bill that would make the bill even more adverse than it already is and I think we're setting a bad precedent by voting for this.

JOE STRAUS: Mr. Burnam for what purpose?

REPRESENTATIVE LON BURNAM: Mr. Speaker, would the gentleman yield.

JOE STRAUS: Veasey, do you yield?

REP. MARC VEASEY: Yes.

REPRESENTATIVE LON BURNAM: Mr. Veasey, I'm one of those old people that you're talking about. I'm 75 and I've got lots of friends who are 75 and they want to go to the polls and vote just like everybody else. And there are provisions in the bill for the disabled. If you can't get to the polls there are provisions to vote. I thought it was ridiculous really to set a limit of 70. You know, I don't need any protection and all my friends don't need any protection I think Mr. Bonnen has got a great amendment.

REP. MARC VEASEY: I think everybody's circumstances are different. I think that's what makes the legislative perspective unique. Some people may live in a rural area and it may take a long time for them to reach certain areas to go vote. Some people may have been born during a time to where they don't have access to certain documents to obtain a driver's license and things of that nature. You know, everybody has a different story, a different perspective, our state has not always been as urban as it is now. It has not always been as integrated as it is now.

REPRESENTATIVE LON BURNAM: Well, you're absolutely right but Ms. Harless has many, many, many points in the bill that will take care of everyone in any age-group and that's right. We don't want to discriminate on age -- against me. I want to go to the polls and vote. I don't need to be exempt.

REP. MARC VEASEY: And that's different. You may have not been effected in the same way, like my grandmother.

REPRESENTATIVE LON BURNAM: Right. Right.

REPRESENTATVIE MARC VEASEY: Or my constituents that are African American. It may have not -- those laws that were passed back then may not have the same adverse impact on you, as a white male, as they did other people.

REPRESENTATIVE LON BURNAM: That's true. But there are provisions in the bill to take care of that though.

REP. ROBERTO R. ALONZO: Mr. Speaker.

JOE STRAUS: Mr. Alonzo, for what purpose?

REP. ROBERTO R. ALONZO: Will the gentleman yield?

JOE STRAUS: Mr. Veasey, do you yield?

REP. MARC VEASEY: I yield.

JOE STRAUS: Gentlemen yields.

REP. ROBERTO R. ALONZO: Thank you, Mr. Veasey one of the reasons Mr. Eiland and myself brought this amendment is to pay particular attention to part of our state which are those that are 65 and over. And you pointed out and it might seem easy to some people that anybody can vote is that part of the argument that nobody should be set aside especially on this law; is that right?

REP. MARC VEASEY: That is exactly and I think the point that everybody is missing is that if you were born in 1941 which is what this bill covers. When you were born you were born into a time when it was legal to discriminate against African Americans and Hispanics particularly here in this state. And you were routinely denied the right to vote, if you were born during that time period and if you lived during that time period. And those are the people that we are trying to protect by making these amendments better. I do not want my grandmother who is 98 years old, who was born during a time of rampant discrimination. I do not want the people that know her at the school house, at Como Elementary School, when she goes to vote that know her and now those folks are now in their sixties and pushing 70 years old and my grandmother used the babysit them and they know who she is. And my grandmother does not have a current driver's license. Luckily she votes by mail but if there were an emergency and I needed to take her up to the school to vote I would not want them to deny her the right to cast a ballot. People who have known her and know that she is not committing voter fraud. I do not want them to have the right to say no, she cannot have the vote. That is absolutely un-American and ridiculous.

REP. ROBERTO R. ALONZO: And you know talking about that, isn't it true the reason we set up the Voting Rights Act in the United States was because what part of United States needed to be reminded and have another hammer to make sure people were allowed to vote. What part of the United States.

REP. MARC VEASEY: The south in Texas.

REP. ROBERTO R. ALONZO: Right. Now we can argue for ages and time that it doesn't happen but isn't it true that after we did redistrict 2003 the Supreme Court said there was a discrimination here in Texas.

REP. MARC VEASEY: I'm sorry repeat that I didn't hear that.

REP. ROBERTO R. ALONZO: That there was a discrimination here in Texas after the Supreme Court ruled in the San Antonio.

REP. MARC VEASEY: Rampant.

REP. ROBERTO R. ALONZO: And the reason we want to do this amendment -- the reason we are for this amendment and we're going to vote no on the Bonnen amendment is because the elderly should be protected. The elderly as pointed out there's more of a chance that they're not going to renew their driver's license; is that right?

REP. MARC VEASEY: Absolutely. If you don't have to drive if you're on a fixed income why would you go and spend money to get your driver's license renewed. It may not be a problem in some areas but it surely is a lot -- it surely would be a problem in many rural and urban areas where people don't have the same access to resources and the same access to cash as others do. Particularly for those who are sick and shut in and rely on postal services.

REP. CHARLIE GEREN: Representative Lyne raises a point of order, that the gentleman has time has expired. The point of order is well taken and sustained. Representative Bonnen, lay the amendment and the amendment is acceptable to offer. Is there objection? Mr. Castro objects and calls for a record vote. Excuse me. Back up, members, Mr. Bonnen gets to close. Chair recognizes Mr. Bonnen.

REP. DENNIS BONNEN: Mr. Speaker, members, I want to correct a couple things. First and foremost with all respect to Mr. Veasey. His grandmother would not be denied the right to vote. His grandmother would have the opportunity to cast her ballot and within six days she would need to return with a photo ID. What I hope would happen --

REP. CHARLIE GEREN: Mr. Strama, for what purpose?

REPRESENTATIVE MARK STRAMA: I want to ask him a question but I can wait until he finishes.

REP. DENNIS BONNEN: If you would -- and hopefully we would go down and I don't think his grandmother need as free ID from DPS which this bill allows for. Hopefully, she wouldn't need the indigent exception which this bill allows for and hopefully she wouldn't need the disability exemption which this bill allows for but he would have the opportunity to take her to a proper location and get her a proper ID before that election and bring her into that place and have her cast her vote. If that for some reason did not occur she can still cast that vote and she will have the opportunity to return with the proper ID and have her ballot count in that election. The States of Georgia and Indiana who have already been precleared by the justice department do not have any discrimination upon age on who should or should not show a proper ID to cast their ballot. There are members of the Texas legislature sitting with you here today on this house floor who have reached it the great age of beyond 70 years of age. I see no reason why they should be treated differently and I can turn this argument and even suggest that are we going to the point to say that maybe they shouldn't be capable and able and allowed to serve the constituents of their district on this House floor because they are now past the age of 70, I disagree. I think that we need to do what's appropriate and what's right. We need to treat all our residents respectfully. We need to admire what they've earned and accomplished in life and there are exemptions within this bill that deal with the factors that these people not having the income, not having the ability physically to cast their ballots. I would be proud to yield for a question.

REP. CHARLIE GEREN: Mr. Strama, Mr. Bonnen yields.

REPRESENTATIVE MARK STRAMA: Thank you, Representative Bonnen. I appreciate your point about not wanting to go discriminate on the basis of age and I know you're looking at me because I sound like a frog. I don't know what happened either to my voice. The -- would you agree though that we already distinguish between voters above and below the age of 65 in our voting laws because we allow anyone over 65, with no excuses, no need to swear that they are disabled or sick to cast an absentee ballot just because they are 65 or older.

REP. DENNIS BONNEN: I would agree that all of us greatly want each person to have an opportunity and cast a ballot because of that desire that we want everyone to cast that ballot we have become very free and open in allowing anyone over the age of the 65 to use the mail in ballot opportunity. I would agree with you completely because of our great willingness that falls in line with this bill before us today to have as many Texans to have the opportunity to come case an appropriate ballot.

REPRESENTATIVE MARK STRAMA: And when they vote that absentee ballot by mail, how do we verify who they are?

REP. DENNIS BONNEN: By their signature.

REPRESENTATIVE MARK STRAMA: So, we don't check for photo ID we compare the signature on the outside of envelope that contains their ballot to the signature on file from their voter registration card; is that correct?

REP. DENNIS BONNEN: That is absolutely correct. It is the comparison of the application for their voter intelligence and the signature on the sealed envelope across the seal ensuring they are the same person that they say they are. And that is another example of a tremendous opportunity that all Texans have the right and opportunity to use to make sure that their ballot is cast and it is counted.

REPRESENTATIVE MARK STRAMA: I guess what I would say that is why I'm going to vote against your amendment, respectfully, because I think we ought to be -- I think we ought to trust that signature match. I think it is as reliable as a fairly unreliable system of photo ID and I think it is important in striking the balance between securing each vote but also securing access to the franchise and I appreciate at where you're coming from with this with terms of the elimination of discrimination and I think we all accept the balance of that against the franchise. Thank you.

REP. DENNIS BONNEN: I agree and I think that your comments on the voting ballot is another tool and opportunity that makes sure no one is disfranchised in the ability to cast a vote in the great State of Texas. With that I guess they want to have a record vote. So, I move that we have a vote.

REP. CHARLIE GEREN: Mr. Bonnen sets up the amendment acceptable to the author. Mr. Castro objects. A record vote is requested and the record vote is granted. The clerk will ring the bell. The question is on the Bonnen amendment. Show Mr. Bonnen voting aye, showing Mr. Miles voting no, show Ms. Kolkhorst voting aye. Have all members voted? Have all members voted? There being 97 ayes and 250 nays the amendment is adopted.

REP. MARC VEASEY: Mr. Speaker.

REP. CHARLIE GEREN: Mr. Veasey for what purpose?

REP. MARC VEASEY: Parliamentary inquiry.

REP. CHARLIE GEREN: State your inquiry.

REP. MARC VEASEY: Mr. Speaker, I don't think that my 98 year old grandmother needs to have to show ID in order to vote over in Como, so she can vote just in case she can't with an expired ID. Because Dorothy has known her since she was a little girl. So therefore I respectfully request that the back and forth that went between myself and Representative Burman and Representative Alonzo be placed in the writing and put in the journal. Thank you.

REP. CHARLIE GEREN: Is there any objections? There is none. So order. The following amendment. The clerk will read the amendment. Mr. Miles -- chair recognizes Mr. Miles for an introduction.

REPRESENTATIVE BORRIS MILES: Thank you, Mr. Speaker and members. I'm very pleased to request recognition from the House. I'd like to introduce to you our congressmen from the 9th Congressional District, Mr. Al Green. From the 9th District in Harris County and Fort Bend. Please, raise your hand. Thank you for being at the house with us today.

REP. CHARLIE GEREN: The following amendment. The clerk will read the amendment.

CLERK: Amendment by Davis of Dallas.

REP. CHARLIE GEREN: Chair recognizes Ms. Davis.

REPRESENTATIVE YVONNE DAVIS: Thank you, Mr. Speaker and members. This is an amendment that I brought earlier and we were trying to clarify some language. Was not trying to change the procedures. I was just trying to suggest that once they follow the procedures and been determined of their eligible voter that this provisional ballot would be counted and I think with the language clarification it is acceptable to the author.

REP. CHARLIE GEREN: The amendment is acceptable to author. Is there any objection? Chair hears none. The amendment is adopted. The following amendment. The clerk will read the amendment. Mr. Veasey. Mr. Veasey your amendment's up.

CLERK: Amendment by Veasey.

REP. CHARLIE GEREN: Chair recognizes Mr. Veasey.

REP. MARC VEASEY: Mr. Speaker, thank you. Under the current bill voters are able to sign a bypass affidavit affirming under the penalty of perjury, affirming that they are in fact indigent or have a religious objection to being photographed. The affidavit is legally -- the affidavit is legally widened document that is legally used in this arena. Our courts use them, our police officers use them, and if we already accept them in our election process. This amendment simply allows a registered voter to sign a sworn affidavit swearing under the penalty of perjury that you are in fact who you say you are. This is by no means a loophole or a bypass. These are registered voters who for a number of reasons may not have a photo ID like we just talked about a second ago. Signing this affidavit and ensures that if this person choses to signing the form understanding that they are not only subject to perjury but they are also subject to fraud under voter impersonation. Under the bill the penalty of voter impersonation is a second degree felony and will have an amendment making it a felony in the first amendment. This is a huge risk just to pass one vote. I don't think many people would do that. I don't know about you but I care just as much about the election process as anyone and I'm not willing to risk a second degree felony in order to cast a fraudulent ballot.

REP. CHARLIE GEREN: Mr. Raymond for what purpose?

REPRESENTATIVE PENA RAYMOND: Is the gentleman through?

REP. MARC VEASEY: I yield.

REP. CHARLIE GEREN: Gentleman yields.

REPRESENTATIVE PENA RAYMOND: Mr. Veasey how is this not a loophole?

REP. MARC VEASEY: Excuse me.

REPRESENTATIVE PENA RAYMOND: Tell me again what your amendment does.

REP. MARC VEASEY: This is a bypass affidavit. It just says that if you come to vote and you do not have the proper identification the very slim and narrow pieces of proper identification that this bill calls for that you can actually go in there sign an affidavit and say that, yes, I am Richard Raymond and I attest under oath that I am Richard Raymond.

REPRESENTATIVE PENA RAYMOND: Is this a loophole? Could people criticize this as being a loophole?

REP. MARC VEASEY: I think that -- I personally think that, Mr. Raymond, because Indiana and Georgia may not have discriminated against enough people as the Republican National Committee would have liked, and so they want to create an even stricter bill here. And that is why I think that they probably will not accept this amendment.

REPRESENTATIVE PENA RAYMOND: Thank you.

REP. MARC VEASEY: Mr. Speaker, a second degree felony comes with a sentence of two to twenty years in prison and a fine of up to $10,000. I don't think anyone would risk going to jail and what this amendment does -- let me walk you through discrimination that happened before the Voting Rights Act. Someone in the south or in Texas, particularly an African American would go to cast a ballot. When they would go to cast a ballot a very nice genteel southern woman or man sitting on the other side of the aisle that was the voting clerk or sitting on the other side of the desk would ask and say, do you have your voting card with you, have you paid your poll tax, how many bubbles in a bar of soap, who was a better president, Abraham Lincoln or George Washington. Asking a series of questions so that they could discriminate and deny suffrage to the person on the other end of the table. Under this current bill the way it is written right now the same thing is going to happen. 40 years later maybe the person sitting on the other side of the desk is maybe similar to the person 40 years ago and older but maybe not and they will ask the person a series of questions about IDs. If they do not have a very narrow and when I say narrow I mean there are only a handful of ways that you can vote under this bill, like maybe four or five. Then they are denied the right to vote.

REP. CHARLIE GEREN: Mr. Castro for what purpose?

REP. JOAQUIN CASTRO: Will the gentleman yield?

REP. CHARLIE GEREN: Mr. Veasey do you yield. He yields.

REP. JOAQUIN CASTRO: Representative Veasey, your trying to beef up the notice requirement to Texas residents about these huge changes in our voting laws; is that correct?

REP. MARC VEASEY: Exactly.

REP. JOAQUIN CASTRO: And is there going to be any extra cost to the state to the amendment that you're trying to add onto the bill.

REP. MARC VEASEY: No.

REP. JOAQUIN CASTRO: Thank you.

REP. CHARLIE GEREN: Ms. Harless, do you wish to speak against?

REPRESENTATIVE PATRICIA HARLESS: Yes.

REP. CHARLIE GEREN: Chair recognizes Ms. Harless to speak against the amendment.

REPRESENTATIVE PATRICIA HARLESS: Members this amendment actually in my opinion removes the photo ID provision by allowing a person just to promise they are who they say they are. I would expect you -- I would appreciate if you would consider tabling this amendment.

REP. JOAQUIN CASTRO: Mr. Speaker.

REP. CHARLIE GEREN: Mr. Castro, for what purpose?

REP. JOAQUIN CASTRO: Will the gentle lady yield?

REP. CHARLIE GEREN: Ms. Harless, will you yield?

REPRESENTATIVE PATRICIA HARLESS: Yes.

REP. CHARLIE GEREN: Ms. Harless will yield.

REP. JOAQUIN CASTRO: Actually I'm going to yield to Representative Veasey.

REP. CHARLIE GEREN: Representative Veasey, for what purpose?

REP. MARC VEASEY: Will the gentle lady yield?

REP. CHARLIE GEREN: Will the lady yield?

REPRESENTATIVE PATRICIA HARLESS: Yes.

REP. CHARLIE GEREN: She yields.

REP. MARC VEASEY: Representative Harless, why on earth would anyone go into a polling place and lie and say that they are not who they are and sign a form that could put them in jail with a second degree felony just to cast one ballot. Help me understand the process here. Help me understand why that would be.

REPRESENTATIVE PATRICIA HARLESS: We heard testimony in committee you were there of many people suggesting that that occurred and --

REP. MARC VEASEY: Suggesting that occurred and had producing evidence that that occurred are two different things.

REPRESENTATIVE PATRICIA HARLESS: And I understand that and I appreciate that and I appreciate in the vain that you're offering this but the whole purpose of having a photo ID is so that when you go to the polls you are showing proof of who you are. We've laid out the criteria and that's the bill basically because at that point you can just sign an affidavit and say you're who you're saying you are without proving that you are that person.

REP. MARC VEASEY: I don't think that trying to make sure someone can vote making sure that someone isn't denied the right to vote is gutting a bill. I think it's actually a good step but --

REPRESENTATIVE PATRICIA HARLESS: Through this whole process I have said there are some things that we are just not to going to agree on. This is one of them.

REP. MARC VEASEY: This is one of the thing that is we are not going to agree on but I want to make sure that we get the point for the record here because obviously with us being a Section 5 state people are watching and we want to make sure that we do everything that we can to be sure that everyone can cast their suffrage. Help me understand if someone -- help me understand why this is not okay because basically what you just talked about earlier, one of the things you mentioned was that we heard stories about voter fraud and voter impersonation. We heard stories but there was never any proof. Why should we pass such a stringent bill and stringent law based on rumor and innuendo. Basically rumor and innuendo that has circled around voting and African Americans since after -- since reconstruction. The same sort of silly resumers that are based on innuendo and things that people hear in other communities without even going into an African American community or Latino community and actually seeing what is going on. Just plain rumors.

REPRESENTATIVE PATRICIA HARLESS: You ready for an answer?

REP. MARC VEASEY: Absolutely.

REPRESENTATIVE PATRICIA HARLESS: SB14 is similar to the case -- the legislation that was passed in Indiana that was up held by the U.S. Constitution. It is similar to the bill that was filed in Georgia that was approved by the Department of Justice.

REP. CHARLIE GEREN: Members would you confine your comments to the amendment and to the opposition of the amendment.

REPRESENTATIVE PATRICIA HARLESS: This amendment takes out the showing of photo ID provision and I request that everybody vote to table please.

REP. MARC VEASEY: The point of your amendment or the point of your bill is to make sure that no one casts a fraudulent ballot. The point of your bill is to make sure that no one commits voter impersonation. Now if someone for whatever reason does not have the very narrow list of identification that you have required on this bill we just want to make sure that they have the right to vote. And currently under your bill they would not. They would just have to go home. They would have been discriminated against. They would have not had the right to vote.

REP. CHARLIE GEREN: Mr. Veasey, would you confine your comments to questions, please, and use the front mike when it's your turn.

REP. MARC VEASEY: I'm asking her a question -- So my point is to you why would you not want to accept this amendment so everyone could vote until proven that they were guilty by committing voter fraud or voter impersonation.

REPRESENTATIVE PATRICIA HARLESS: This amendment changes the intention of the bill which the intention of the bill is that we restore integrity in elections by people showing they are who they say they are when they show up to vote.

REP. MARC VEASEY: Thank you, Ms. Harless.

REP. CHARLIE GEREN: Mr. Veasey, do you intend to close? Do you wish to close? Mr. Veasey sends up an amendment Ms. Harless moves to table. The motion -- excuse me the vote is on the motion to table. Record vote is requested. Record vote is granted. Clerk will ring the bell. This is on motion to table. Show Ms. Harless voting aye, show Mr. Strama voting no. Have all members voted? There being 99 ayes, 48 nays, the motion to table prevails. The following amendment. The clerk will read the amendment.

CLERK: Amendment by Dutton.

REP. CHARLIE GEREN: Chair recognizes Mr. Dutton.

REP. HAROLD V. DUTTON JR.: Mr. Speaker and members, on page six of the bill there are certain requirements that indicate that the voter registration certificate or the provision bill do not apply. We just did away with the 70-year-old amendment and so it leaves the disabled vote. What this amendment simply does it says that if the election judge -- and I might back up a minute because I just want to share with you what the origin of this amendment happened to be -- Mr. Speaker could we have a little bit better order.

REP. CHARLIE GEREN: Member can we have some order so we can hear Mr. Dutton explain his amendment.

REP. HAROLD V. DUTTON JR.: Thank you, Mr. Speaker. Both my parents were election judges between them they had over 50 years of being an election judge in Houston and Harris County. And generally one us, one of my siblings and I, we would on the morning of the election we would essentially take either my mom or my dad to the polling place and before I got elected helped them to set up the whole polling place so that there could be an election. Under this bill if my amendment didn't pass what would happen is I could do all of that. I could go and get it all set up and once it was time for me to vote in that precinct I would have to take out my ID and show it to my mother and dad. That didn't make any sense to me and so that's why I am offering this amendment because I believe most of the precinct judges, most of the election judges if they're like the ones that I know they know just about everybody in that polling place. They know everybody there. In fact my mother and dad got to the point where they could tell you what time a particular person was going to show up at the polls. And so what this amendment does is make an exception that says for in the instance where the precinct judge, the election judge actually knows, personally knows the person I think that saves all of this other stuff that is going on with this bill but it certainly provides an opportunity for us to not have to burden the election process because it simply means that the election judge actually affirms that they personally know who it is that is appearing at the polling place and that's what this amendment does Mr. Speaker and members.

REP. CHARLIE GEREN: Ms. Harless is the amendment acceptable. Chair recognizes Mr. Hancock to speak against the amendment.

REPRESENTATIVE KELLY HANCOCK: Yes, members what this amendment does is it actually adds activity to the election judge and really goes against what we need in total fairness and objectivity and stick with the current code and standards as defined in the statutes. At this time I move that -- the author moves to table.

REP. CHARLIE GEREN: Mr. Dutton to you care to close? Chair recognizes Mr. Dutton.

REP. HAROLD V. DUTTON JR.: All right there was a little confusion. I didn't here that he made a motion to table. I don't -- unless there's something going on in this bill that I don't understand it is designed to protect the integrity of the voting process and I don't know what better way to protect that than to limit the ability of someone to show up at the polling place and vote accept by virtue of the fact that the polling -- the election judge actually knows the person. I don't -- so if I actually know the person and that person is personally somebody I know personally and even if they didn't have an ID but they had their voter registration card I don't know why I wouldn't let them vote. Can you imagine a scenario where I have gone to take my parents over to the polling place and all of a sudden got there about 6:00 o'clock in the morning which we typically good. Got the polls, helped them set up the polling place, helped them set up the polling booth and then said, oh, I forgot my wallet at home. And then my mom said, well, why do you need that? Well, you need that because this particular bill, Senate Bill 14 says I have to have a picture ID. My mom would look at me and think I had absolutely gone crazy. And I think that's what most people are going to think about this legislature. That if you don't let an election judge say that I personally know this person, so why do they need to go home and get their IDs? Then there must be something other than there must be something other than protecting the integrity of the election process that this bill is attempting to do. And so with that Mr. Speaker and members I would ask you to vote no on the motion to table and prove to people in Texas that common sense is actually common in this legislature.

REP. CHARLIE GEREN: Mr. Dutton sends up an amendment. Mr. Hancock moves to table. The motion is -- excuse me, the vote is on the motion to table. Record vote has been requested. Record vote has been granted. The clerk will ring the bell. Show Ms. Harless voting aye, show Chen Button voting aye. Have all members voted? Being 100 ayes, 48 nays the motion to table prevails. The following amendment the clerk will read the amendment. Is Mr. Eiland on the floor?

CLERK: Amendment by Eiland.

REP. CHARLIE GEREN: Chair recognizes Mr. Eiland.

REPRESENTATIVE CRAIG EILAND: Mr. Speaker, members, being someone who has been through a hurricane very close to election date this is the reason I bring this amendment to you. Those of us on the coast when hurricane season is -- runs until November 1st which is after the completion of hurricane season this is a very real danger for us and so what we have is that if you have an area that has been declared natural disaster by the Governor or the President of the United States then you sign an affidavit that says you don't have your ID because of that then you can go ahead and vote. This is a very real issue as in the storm of Galveston after hurricane Ike. People were actually locked out of the island for many days and lost everything. So this is also wild fires in west Texas could be a issue. And so, that's what this amendment does. It creates an ability to execute an affidavit if there is a natural disaster and you don't have a photo ID for that reason.

REP. CHARLIE GEREN: Mr. Eiland sends up the amendment. The amendment is acceptable to the author. Is there any objection? Chair hears none. The amendment is adopted. The following amendment. The clerk will read the amendment. Mr. Raymond.

CLERK: Amendment by Raymond.

REP. CHARLIE GEREN: Chair recognizes Mr. Raymond.

REPRESENTATIVE PENA RAYMOND: Thank you, Mr. Speaker, members. Members under current law an employer has to give you time to go vote. However with this new -- with the new provisions that are being proposed in this legislation an employer does not have to give you time to go get the ID, the proper ID, that you need to comply with this proposed bill and so my amendment would simply say that if you do not have the proper ID and you can show that your employer did not permit you to take time to go get the ID necessary that you would then be exempted from the provisions in this bill.

REP. CHARLIE GEREN: Madam doorkeeper, for what purpose?

MADAM DOORKEEPER: Someone is here from the Senate at the door of the House.

REP. CHARLIE GEREN: Admit the messenger.

UNIDENTIFIED MAN SPEAKER: Mr. Speaker I'm directed by the Senate to inform the House that the Senate has taken the following action.

REP. CHARLIE GEREN: The amendment is temporarily withdrawn. The following amendment. The clerk will read the amendment. Representative Martinez.

CLERK: Amendment by Martinez.

REP. CHARLIE GEREN: Chair recognizes Mr. Martinez. REP. ARMANDO "MANDO" MARTINEZ: Okay. Thank you, Mr. Speaker, members. We need to understand that there's no such thing as a free ID and according to Texas and DPS a person applying for a state ID must apply in person, present documents to verify their identity, complete an application and consent to be photographed and fingerprinted and provide your signature. You must perform one of the forms of the primary ID and two forms secondary and two forms of supporting ID. So for primary ID it includes Texas driver's license, U.S. citizenship certificate or certificate of naturalization, unexpired citizen ID card, resident alien card, or temporary resident ID card, employment authorization card, foreign passport with visa or U.S. military state card. Secondary ID forms include original or certified copy of your birth certificate an original or certified copy of the U.S. certification or certification of abroad and finally original or certified copy of a court order with name and date of birth, indicating official change of name. And supporting ID includes vehicle titles, insurance policy, military records, original marriage license or divorce decrees, Social Security card, actual pilot license card or expired driver's license. So members needless to say it takes an ID to get an ID. So therefore we need to insure that if we truly want to provide a free ID here in Texas for our voters that it actually is free and to get this ID it does cost you money.

REP. CHARLIE GEREN: Mr. Walle, for what purpose?

REP. ARMANDO WALLE: Would gentleman yield?

REP. CHARLIE GEREN: Do you yield. REP. ARMANDO "MANDO" MARTINEZ: Yes, sir I will.

REP. ARMANDO WALLE: Representative Martinez doesn't the bill currently allow you to get a free ID? REP. ARMANDO "MANDO" MARTINEZ: What's that.

REP. ARMANDO WALLE: Doesn't the bill currently allow you to get a free ID? REP. ARMANDO "MANDO" MARTINEZ: Well, the bill says that it allows you to get a free ID but see it takes an ID to get an ID. So, let's say; for example, you loose your driver's license, Mr. Walle. What has to happen is you need to go and try obtain a birth certificate, that you have to pay. You need to get a certified copy that you pay $22. So we're simply trying to say that as a state is interested in providing free IDs to truly be free. So if you loose your ID you don't have to go and pay to get a registered ID that document should be free. That's all we're saying.

REP. ARMANDO WALLE: Okay. Can you give me an example of what fees you see being included. REP. ARMANDO "MANDO" MARTINEZ: Sure, like I mentioned earlier if I currently don't know where my original birth certificate is it's probably still at my parents house for example. If I lost my Texas driver's license and try to get the State issued free ID card I'd still have to -- for a cost -- because I would have to provide certified copy of my birth certificate. So if I didn't know where that birth certificate was and I had to go and try and find that and I had to get a certified copy of that birth certificate and trying to obtain and getting a certified copy of that birth certificate you have to pay $22. You're going to have to go down to your local vital statistics and pay $22 in order to get that and we're simply trying to say that if we're interested in obtaining a free ID card that it should be free.

REP. ARMANDO WALLE: Thank you.

JOE STRAUS: Chair recognizes Representative Harless.

REPRESENTATIVE PATRICIA HARLESS: Members, I'd like to make a motion to table this. The bill is about voter ID not issuing documents for free ID.

JOE STRAUS: Chair recognizes Representative Martinez. REP. ARMANDO "MANDO" MARTINEZ: Okay. Then members, so we are going to tell the people of Texas that we're going to tell them that they're getting a free ID when they're really aren't. So, if you loose your driver's license and you have to go obtain an ID you're going to have to get a certified copy of your birth certificate so you're going to have to get -- so you're going to have to pay for that. So, all we're saying is if this is free do not allow the people to have to go and pay for a certified copy of your birth certificate. If it's free it should be free across the board. So, lets not charge the people of Texas in order to vote. That is a hidden poll tax on the people of Texas. Members and I vote no on that motion to table.

JOE STRAUS: Mr. Martinez sends up an amendment. Representative Harless moves to table. This is on the motion to table. It's a record vote. Clerk ring the bell. Show Gonzalez from El Paso voting no, show Representative Harless voting aye, show Representative Burnam voting aye. Have all voted. Being 100 ayes and 49 nays motion to table prevails. The following amendment. The clerk will read the amendment.

CLERK: Amendment by Raymond.

JOE STRAUS: Chair recognizes Representative Raymond.

REPRESENTATIVE PENA RAYMOND: Thank you, Mr. Speaker, members. This is an amendment I started laying out a little while ago. Members, as you know what this bill proposes is that you have to have your voter registration card. You have to show that your registered. Under current law employers have to let you go vote. What they don't have to do is they don't have to let you go get the identification that you need to comply with this new proposed law. So what I do with this amendment is say if you're a registered voter, you got your registration card and you go to vote but you don't have the requisite ID, that's layed out in this bill and you present a pay check or a copy of another official employment document that includes the information of the voters employer and informs the election officer that the voters employer does permit the voter to be absent from work for the purpose of obtaining voter identification and that offices of the Department of Public Safety are not open for at least two consecutive hours outside of the voters working hours. Very simply members there will be people out there who are registered to vote but whose employers will not give them the time as they currently have to under law give them time to go vote. They won't give them the time to go get the ID that they need. So, that's what this amendment is about. Move adoption.

JOE STRAUS: Chair recognizes Representative Taylor in opposition.

REPRESENTATIVE VAN TAYLOR: Mr. Speaker, members, I rise in opposition to this amendment. This deals with people who already have jobs and in order to have a job in this country an individual must fill out an I9 form. An I9 form requires identification so I'm not really sure where this is coming from because these people already had ID to get a job in the first place. I move to table this amendment.

JOE STRAUS: Mr. Raymond for what purpose?

REPRESENTATIVE PENA RAYMOND: Would the gentleman yield?

JOE STRAUS: Would the gentleman yield?

REPRESENTATIVE VAN TAYLOR: I yield.

REPRESENTATIVE PENA RAYMOND: Repeat that because I didn't quite hear you. I apologize.

REPRESENTATIVE VAN TAYLOR: Sure. For an individual, for a U.S. citizen and only U.S. citizens should be registered to vote in this state. To have a job they must fill out an I9 form for their employer. To fill out an I9 form they have to have some form of identification.

REPRESENTATIVE PENA RAYMOND: Okay. So, is there a scenario that you can envision Mr. Taylor to where somebody went to work for you let's say, ten years ago right and they had to fill out the proper forms and show you the proper ID, et cetera, correct?

REPRESENTATIVE VAN TAYLOR: Ten years ago --

REPRESENTATIVE PENA RAYMOND: Can you imagine that there would be an instance in this state of 25 million people where registered and eligible voters might for some reason ten years later -- might for some reason ten years later might not have the ID that's required in this bill. Can you imagine that scenario?

REPRESENTATIVE VAN TAYLOR: Yes.

REPRESENTATIVE PENA RAYMOND: Okay. So, you can imagine what I'm trying to get to here which is, you're exactly right. If they work for Van Taylor and they show up at the polling place and have a voters registration card and they have something from Van Taylor, Inc. saying, you know, I did not provide them time to go get a new ID as is required by this bill.

REPRESENTATIVE VAN TAYLOR: There was a question in there somewhere I'm sure.

REPRESENTATIVE PENA RAYMOND: Yes. I just said, you can imagine if somebody worked for you, you hired them legally ten years ago, some point since then they loss the ID, this bill passes, this law -- this bill becomes law they lost their ID but Van Taylor Inc. doesn't let them -- give them time during the day to go get the ID that they needed. You can also imagine in a state of 25 million people that there could be instances like that.

REPRESENTATIVE VAN TAYLOR: Well, in the example that you just gave there are opportunities for someone to go get their driver's license. They're online as many of us have done or by mail.

REPRESENTATIVE PENA RAYMOND: I'm not sure what you're asking for that you could go get it online.

REPRESENTATIVE VAN TAYLOR: The original form of identification which you would have to have for the I9 form which employees -- people who are U.S. citizens you can you have to show up in person to get your first driver's license. You have to show up, they have to take your picture somehow, of course. Subsequently after we've gotten your picture you can renew for a number of times online.

REPRESENTATIVE PENA RAYMOND: Well, what if you haven't had your driver's license for six years.

REPRESENTATIVE VAN TAYLOR: One moment.

REPRESENTATIVE PENA RAYMOND: Stop the clock.

REPRESENTATIVE VAN TAYLOR: There's extensive training for poll workers and election judges on how to handle it when someone doesn't have identification. We have a provisional ballot system but the supposition that you're making that people may show up to the polls without ID, which could happen, and this bill has visioned that and has given the voter the opportunity to take care of that. But your original premise that people who are employed in this state don't have photo ID doesn't hold out when you look at the Federal requirements for the I9 form.

REPRESENTATIVE PENA RAYMOND: Well, it does if you just acknowledged a minute ago if somebody went to work for you ten years ago and you hired them, legally, they may not have the ID that they had ten years ago. Might have lost it. You acknowledged that earlier would you acknowledge that now.

REPRESENTATIVE VAN TAYLOR: I do.

REPRESENTATIVE PENA RAYMOND: Fine then. Let me ask you this Mr. Taylor. You know what those of us who are opposed to this legislation are doing we're trying to protect voting rights. You recognize that, right?

REPRESENTATIVE VAN TAYLOR: Absolutely. As are the proponents of this bill. We are seeking right by protecting them and by making sure that every vote counts. That is what this bill is ultimately about and we seek to do in our support for voter ID.

REPRESENTATIVE PENA RAYMOND: Let me ask a simple question. Do you believe the Voting Rights Act is a good law?

REPRESENTATIVE VAN TAYLOR: I believe the Voting Rights Act is a great thing to protect Americans right to vote. All Americans regardless of --

REPRESENTATIVE PENA RAYMOND: So you believe the Voting Rights Act is still necessary?

REPRESENTATIVE VAN TAYLOR: Yes.

REPRESENTATIVE PENA RAYMOND: Is that because you believe discrimination still exists.

REPRESENTATIVE VAN TAYLOR: I think the Voting Rights Act for our aspect of it is to protect our ability act to vote pertaining to *women.

REPRESENTATIVE PENA RAYMOND: Its protecting discrimination in the voting place. So do you believe that it's a good law? Do you believe that discrimination of the voting place still exists?

REPRESENTATIVE VAN TAYLOR: I'm not sure where you're going with this Mr. Chairman.

REPRESENTATIVE PENA RAYMOND: No. No. This is not -- I'm not going anywhere. It's very simple. This is about protecting voting rights and I asked you if you believe if Voting Rights Act was a good law? You said yes. All right.

REPRESENTATIVE VAN TAYLOR: This is -- this bill that we're debating right now, right here, on the floor is about voter identification at the polling station when people vote in the State of Texas.

REPRESENTATIVE PENA RAYMOND: And anytime that you have to deal with a law that deals with voting, you have to take into consideration the rights of people to vote. Anytime you deal with a law as comprehensive and big as this -- as comprehensive and big as this, you have to take into account peoples voting rights. You would agree with that, right?

REPRESENTATIVE VAN TAYLOR: I think that it is important to remember that this bill is about making sure that the right people show up on election day.

REPRESENTATIVE PENA RAYMOND: That the right people show up on election day? Who are the right people?

REPRESENTATIVE VAN TAYLOR: Well, the people who are registered to vote and can demonstrate they are who they say they are through having proper voter identification.

REPRESENTATIVE PENA RAYMOND: Again, and I'll let you go after this but I just want to establish, you and I serve on a committee together. It's been great getting to know you but you acknowledge that we still need the Voting Rights Act because the Voting Rights Act prevents discrimination in the polling place. And if you still think we need it presumably you believe there's still problems.

REPRESENTATIVE VAN TAYLOR: Mr. Chairman as you well know this type of legislation, voter identification, has been approved under the Voter Rights Act in other states. I mean this is -- this has already been litigated by other states but the point of your amendment coming back to what I think you wanted to talk about here today which is the ability of people who have jobs who somehow might not have identification. Those people in this country who have jobs have to fill out an I9 form that requires identification.

REPRESENTATIVE PENA RAYMOND: And along those lines, according to the website -- according to the Workforce Commission it says that in order to get an I9 you have to have an voter registration card and a Social Security account number to get an I9 which means those are the two things you need.

REPRESENTATIVE VAN TAYLOR: Those are two possible combinations that you need. List B and list C.

REPRESENTATIVE PENA RAYMOND: Correct. So to get an I9, you need a voter registration card and Social Security card. So would you agree then if somebody has a voter registration card and Social Security card they ought to be able to vote, too. If they're registered to vote, obviously.

REPRESENTATIVE VAN TAYLOR: Clearly.

REPRESENTATIVE PENA RAYMOND: You do? Then I can offer that amendment. Do you want to tell Ms. Harless back there?

REPRESENTATIVE VAN TAYLOR: No -- look we -- it is important that we have a voter registration -- voter identification requirement in this state to make sure that when people show up to vote they are who they say they are.

REPRESENTATIVE PENA RAYMOND: Do you think it is sufficient as it is under law that in order to get an I9 card, which you hang this whole thing on, that all you need is a voter registration card and Social Security Number to get an I9 card. Do you think that's sufficient? Do you agree that's what the law is? Do you agree with the law or disagree?

REPRESENTATIVE VAN TAYLOR: Mr. Chairman this is a narrowly defined bill that's designed to make sure that the people who show up to vote are in fact who they say they are. The fact is that it's too simple to steal voter identification card and use that for in person ballot fraud. I witnessed it with my own eyes. We talked about this Monday in Representative Anchia's district. I mean I watched somebody walk in and say somebody took my voter registration card, I'm here to vote and they were denied the right to vote.

JOE STRAUS: Representative Sheffield raises a point of order. Gentleman's time has expired point of order --

REPRESENTATIVE PENA RAYMOND: Mr. Speaker I ask that our exchange be reduced to writing and entered in the journal. Thank you.

JOE STRAUS: Members you have heard the motion. Is there objection? Chair hears none. So ordered. Chair recognizes Mr. Raymond to close.

REPRESENTATIVE PENA RAYMOND: Members I know it's hard to listen when we've got an extended debate but as Mr. Taylor just mentioned an I9 form, an I9 ID is very important in his world as an employer and all you need to get an I9 form is a voter registration card and a Social Security number. I -- basically what I'm doing with this amendment is matching it up to what we right now to get an I9 form. To not pass this -- to not pass this amendment which the motion has been made to table -- but the motion to not pass this amendment when current law in the State of Texas which I imagine many of the members in here voted for says that all you need for an I9 card is a voter registration card and a Social Security number, that works there but when it comes to voting you're going to vote down an amendment if you vote aye on the motion to table, you're voting down an amendment that says voting you have less protections as a voter and less rights as a voter than you do as a worker. So I ask that you vote no on the motion to table and I think Mr. Taylor ask that you vote aye.

JOE STRAUS: Representative Raymond sends up an amendment. Mr. Taylor moves to table. Question is on motion to table. Record vote. Clerk will ring the bell. Show Mr. Taylor voting aye, show Ms. Harless voting aye, show Mr. Raymond voting no. Have all voted? Being 101 ayes and 48 nays, motion to table prevails. Following amendment. Clerk will read the amendment.

CLERK: Amendment by Dukes.

JOE STRAUS: Chair recognizes Representative Dukes.

REPRESENTATIVE DAWNNA DUKES: Thank you, Mr. Speaker, members. This is a very simple amendment. It allows for a temporary driving permit to the person by the Department of Public Safety to be used as a valid form of identification enable to vote. A temporary driver's s permit is issued by the State of Texas. It shows the name and address of the person and includes an expiration date. In order to qualify a person -- the permit must include the persons name, the Texas driver's license number, their birth date, their address, a physical description of them. Having a temporary driving permit shouldn't hinder a persons ability to vote and if adopted would allow more individuals to have access to the voting process.

JOE STRAUS: Mr. Villarreal for what purpose.

REP. MIKE VILLARREAL: Mr. Speaker, will the gentle lady yield for questioning?

JOE STRAUS: Will you yield?

REPRESENTATIVE DAWNNA DUKES: I yield.

REP. MIKE VILLARREAL: Ms. Dukes, how long has an out of state photo ID been an acceptable form of photo ID for voting?

REPRESENTATIVE DAWNNA DUKES: Excuse me, can you repeat the question.

REP. MIKE VILLARREAL: How long has an out of state photo ID been an acceptable form of ID for voting?

REPRESENTATIVE DAWNNA DUKES: I'm not certain. Can you tell me?

REP. MIKE VILLARREAL: Well, since the 75th legislature in fact. I'm so glad you asked. Are you aware of any voter fraud involving the use of out of state photo ID.

REPRESENTATIVE DAWNNA DUKES: I can't recall any. Can you tell me?

REP. MIKE VILLARREAL: Neither can I. I think there are -- my understanding is that there has not been any documentation of out of state photo ID being used in inappropriate voting. Thank you for your amendment.

REPRESENTATIVE DAWNNA DUKES: You know one would assume that this bill is strictly about having an ID to vote not about creating an additional offense within the law as a reason why an individual would loose their right to vote. A temporary drivers permit is usually for individuals that may have an infraction far less than the felony that a federal law or state law requires and removing ones license and not having the ability to vote. So one would assume that one should not be penalized for a valid temporary driving permit from their right process to vote.

REP. LARRY PHILLIPS: Mr. Chairman would the gentle lady yield?

JOE STRAUS: Do you yield?

REPRESENTATIVE DAWNNA DUKES: Yes, I yield.

REP. LARRY PHILLIPS: Does the document that you're talking about have a picture on it?

REPRESENTATIVE DAWNNA DUKES: Yes, sir. It has a physical description of the person. Their name, address, their height and weight. In some cases some of them do and some of them don't but it shows their name, their address, their expiration date. It's issued by the State of Texas it has a driver's license number.

REP. LARRY PHILLIPS: But you can't guaranty that it will have a picture on it if we vote for your amendment.

REPRESENTATIVE DAWNNA DUKES: A temporary drivers permit though it's still issued by the State of Texas and it still has everything that could be used.

REP. LARRY PHILLIPS: Thank you.

REPRESENTATIVE DAWNNA DUKES: You are most welcome and I move passage.

JOE STRAUS: Chair recognizes Representative Harless in opposition.

REPRESENTATIVE PATRICIA HARLESS: Thank you, members. I would request to move to table on this amendment. Temporary ID has a photo on it. We got a letter from the DPS saying when they issue a temporary ID or driver's license they have photo on them. They also testified had the their time turn around is 15 days. I ask that you table that.

REPRESENTATIVE DAWNNA DUKES: Mr. Speaker.

JOE STRAUS: Ms. Dukes for what purpose?

REPRESENTATIVE DAWNNA DUKES: Would the gentle lady yield?

REPRESENTATIVE PATRICIA HARLESS: Yes.

JOE STRAUS: She yields.

REPRESENTATIVE DAWNNA DUKES: It's not necessarily true that all of the temporary driving permits have a picture on them. There are -- as a matter of fact when I requested some information from DPS on Friday there are large numbers of individuals who that have the temporary permits that do not have their IDs on them. And they look more like this than what you're talking about but yet they are not individuals who committed a felony under the law as to why their license would have been removed. Are you -- is it your intent to create an additional penalty under the law to take away a persons right to vote by presenting them from having the ability to vote with a temporary driving permit.

REPRESENTATIVE PATRICIA HARLESS: The specific ID spelled out in the bill is very, very broad. You can have a driver's license, you can have a Texas ID, a Texas driver's license, a Texas ID, a passport, you can have a citizen certificate with your picture on it, you can have a concealed handgun license. These are standardized form and they are the acceptable form for voting in person on a polling date. Now if you do not have one of those forms you can always cast a provisional ballot and bring back the information and have your ballot counted.

REPRESENTATIVE DAWNNA DUKES: Explain to me why a temporary driving permit issued by the State of Texas is not good enough under your bill since you're the author of it. In your mind why is it not good enough to have a temporary driving permit.

REPRESENTATIVE PATRICIA HARLESS: Because there's not necessarily on -- DPS says that they have a photo on their driver's license and ID cards that are temporary.

REPRESENTATIVE DAWNNA DUKES: Not true. There are some that use a form that looks like this. I know this is far distance, do I need to walk it down to you, then we can do that? But there are some temporary permits that may not have that ID. What I don't understand is that if it's a government, state of Texas issued, temporary driving permit why is that not good enough when it already has a physical description of the person, it has their address, it has their age, it has an expiration date. The color of their eyes, their height, their weight noting their sex, why is that not good enough? Is it that you're trying to say that anyone, anyone, even if it's not a felony because that's the only reason why someones license would be suspended and not have the right to vote under Federal or state law, are you trying to say now that a misdemeanor or someone brand new shouldn't have the right to vote? You're stretching it.

REPRESENTATIVE PATRICIA HARLESS: Do you want me to answer or do you want me --

REPRESENTATIVE DAWNNA DUKES: I want you to answer directly on that question.

REPRESENTATIVE PATRICIA HARLESS: Okay. The temporary ID receipt does not have the security features that physical ID card or driver's license has and it is easy to be duplicated. That is the reason --

REPRESENTATIVE DAWNNA DUKES: If a temporary driver's license is good enough to be used to drive and for many other purposes why is it not good enough to vote when you haven't found any problems that you have been able to prosecute in the State of Texas?

REPRESENTATIVE PATRICIA HARLESS: We are talking about security features and showing that you are who you say you are when you show up to vote. A driver's license and an ID card issued with a photo has those security provisions in it but a temporary driver's license or temporary ID does not have those security features in it.

REPRESENTATIVE DAWNNA DUKES: So you're saying that --

REPRESENTATIVE PATRICIA HARLESS: So I'm saying that I would like to take a motion to table.

REPRESENTATIVE DAWNNA DUKES: So you're saying to go into to vote with these judges that are in the voting polling places, a temporary vote -- driving permit is not good enough for them but it's good enough for every officer who stops you on the street.

REPRESENTATIVE PATRICIA HARLESS: I'm saying that we have to protect the ballot box.

REPRESENTATIVE DAWNNA DUKES: You have to protect the ballot box more than a police officer has to protect the street.

REPRESENTATIVE PATRICIA HARLESS: By making sure that you show a photo ID and that you are the person you say you are and the temporary ID and the temporary driver's license can be duplicated and --

REPRESENTATIVE DAWNNA DUKES: You're saying that the right to vote goes -- not necessarily the right to vote but the people who are untrained working at the polls that they can't accept a temporary driving permit when the police officers can.

REPRESENTATIVE PATRICIA HARLESS: Well, under the bill the training of the poll workers is now mandated. It's not optional. So they will be trained on how to recognize the ID.

REPRESENTATIVE DAWNNA DUKES: But you just stated that your bill -- that anyone who's delinquent on their child support -- because they can have their driver's license pulled and have only a temporary ID will no longer have a right to vote. That's a whole lot of people.

REPRESENTATIVE PATRICIA HARLESS: They have a right to vote. Provisional --

REPRESENTATIVE DAWNNA DUKES: No insurance and delinquent insurance --

REPRESENTATIVE PATRICIA HARLESS: They have the right to vote a provisional ballot.

REPRESENTATIVE DAWNNA DUKES: But then you're making -- your bill still makes them go and buy another form of ID. Why not use the ID that they're issued, the temporary driving permit.

REPRESENTATIVE PATRICIA HARLESS: Well, they will have a permanent ID as soon as it comes in, usually within 15 days.

REPRESENTATIVE DAWNNA DUKES: It sounds more like your bill is attempting to create an offense under the law that prevents people from voting when it's not even a felony. The Federal government doesn't prevent them from voting and two, just to prevent people who you think aren't going to vote a certain way. Sad for the state of Texas. It's really sad.

REPRESENTATIVE PATRICIA HARLESS: I move to table.

REPRESENTATIVE LON BURNAM: Speaker will the lady yield?

JOE STRAUS: Just a minute -- Ms. Harless yields.

REPRESENTATIVE LON BURNAM: I'm sorry, Ms. Harless do you yield.

REPRESENTATIVE PATRICIA HARLESS: Yes, of course. You're one of my favorites.

REPRESENTATIVE LON BURNAM: Thank you so much. You may not be familiar however with the right of responsibility to bill that Representative Burman and I both had. We were both in public safety yesterday and if you're not familiar with that bill you may not be aware that every year, every year for the last five years people have had a hundred thousand Texans a year have had their driver's license suspended they have had that driver's license taken from them and they are issued the form that Representative Dukes was showing you from the back mike and I'm just wondering what you propose to do. Are all 100,000 people per year just going to have to vote provisionally.

REPRESENTATIVE PATRICIA HARLESS: I don't know how many of those 100,000 people are actually registered to vote.

REPRESENTATIVE LON BURNAM: Well, in theory they have the opportunity, most of them, the ones that are over 21 and qualify. So let's just knock it down and say just 75,000 a year are denied the right to drive, their driver's licenses is suspended. Are you going to say that these people are all going to have to vote provisionally.

REPRESENTATIVE PATRICIA HARLESS: If they don't have another alternative form of photo ID such as a passport or citizenship paper with their photo on it or either a CHL license.

JOE STRAUS: Representative Phillips has raised a point of order that the gentleman's time has expired. Point of order is well taken. Chair recognizes Representative Harless.

REPRESENTATIVE PATRICIA HARLESS: I'm removing my motion to table so, Representative Dukes may close on her amendment.

JOE STRAUS: Chair recognizes Representative Dukes.

REPRESENTATIVE DAWNNA DUKES: Thank you, Mr. Speaker and members. Thank you, Representative Harless, for giving the ability to close on this amendment. Members having a temporary driving permit, what class of voters would be excluded from voting if we didn't allow a temporary driving permit? A temporary driving permit is issued to adult drivers, legal minorities and commercial truck drivers who may have lost their photo identification due to various offenses or alcohol related offenses. These offenses are punishable under the Texas Transportation Code 524.011. Over 100,000 individuals per year will be excluded if they are not allowed to utilize their temporary driving permit which does not include a photo of them. Now why is the ID needed? Because young voters, adult drivers and commercial drivers who have a temporary permit should not be further punished by not being allowed to vote because they made a mistake while driving. We've even had some who passed onto higher office with these little minor mistakes. So we shouldn't take away their right to vote. A driving infraction or mistake should not be punished by disallowing a person access to the polls because he or she carries an alternative ID. We need to make sure when persons are punished for one action in our community they are not punished for another action, especially one that's as important as their right to cast a vote. Under the federal --

JOE STRAUS: Mr. Aliseda, for what purpose?

REPRESENTATIVE JOSE ALISEDA: Would the lady yield?

REPRESENTATIVE DAWNNA DUKES: Yes, I do yield.

JOE STRAUS: She yields.

REPRESENTATIVE JOSE ALISEDA: I practice some DWI law back home in my district and one of the common occurrences is that an individual gets stopped and had has over the blood alcohol limit that is required by law has their license taken and then there's a suspension procedure and they're given a yellow form that is a temporary driving permit and it's good until there is a hearing and an administrative law judge makes a decision. When I have a client like that that needs that identification I send them down to the DPS office and they are able to get a temporary identification card to use for the purposes that they need an identification for. So in those instances that you're siting I don't see any reason why or maybe you can tell me why they could not go to the DPS office and get this temporary -- excuse me, this identification card which is used -- a photo identification card which is used for purposes of identification and is also a valid ID form for voting under this state under this bill.

REPRESENTATIVE DAWNNA DUKES: Why should they have to go get one -- basically you're representing these individuals who are -- you're a defense attorney. Is that what you say you are?

REPRESENTATIVE JOSE ALISEDA: Yes.

REPRESENTATIVE DAWNNA DUKES: With DWI.

REPRESENTATIVE JOSE ALISEDA: Yes.

REPRESENTATIVE DAWNNA DUKES: That has been charged by what the Court wants.

REPRESENTATIVE JOSE ALISEDA: Excuse me.

REPRESENTATIVE DAWNNA DUKES: They've been charged by the Court.

REPRESENTATIVE JOSE ALISEDA: Yes. Well, they don't necessarily have to be charged by the Court because the charge still hasn't been filed when the officer -- the DPS takes their identification because they've blown over the legal limit or because they refuse the blood test or the breath test. They're issued a yellow form, a license suspension form, and they tell me, what am I going to do now without a photo ID? To go check out a movie or whatever it is that they need to do with the photo ID. I send them over to the DPS office and they get a photo ID and they are able to function with their temporary permit that little yellow piece of paper and the use the photo ID from the DPS when they need to use a photo ID.

REPRESENTATIVE DAWNNA DUKES: Yeah, but you know that -- what you're talking about is something a little bit different than the right to guaranteed right to vote. They've had an offense under the law and they're paying you to get them off of their DWI. So you're advising them to do something but there's some folks who have these temporary IDs they've already dealt with their situation. Now we're stating we're going to take away your ability or make it more difficult for you to have the right to vote.

REPRESENTATIVE JOSE ALISEDA: My point is that they can go obtain the DPS ID, the same DPS ID that I tell any clients to go obtain.

REPRESENTATIVE DAWNNA DUKES: Why do you want to make it so much difficult for people to vote?

REPRESENTATIVE JOSE ALISEDA: It's not a question of making it difficult.

REPRESENTATIVE DAWNNA DUKES: Yes, it is. Yes, it is. Because it's not that difficult now. Who is it truly that you don't want to give the ability to vote because I'll tell you quite frankly this temporary driving permit it's going to effect a whole lot of people but not a whole bunch of them are going to live in my district.

REPRESENTATIVE JOSE ALISEDA: In fact it is my purpose --

REPRESENTATIVE DAWNNA DUKES: You need to think again about the argument.

REPRESENTATIVE JOSE ALISEDA: It's my purpose to see that the system is fair and also that it is as secure as we can make it. There's nothing that you can't do.

REPRESENTATIVE DAWNNA DUKES: Well, many of us have been trying to do that prior to 1964. To make sure it was fair and secure but this law is changing a whole lot of things that my ancestor went through. It's changing it by making it more difficult for my ancestors and people who look like me to have the ability to go and vote. Its making it more difficult for people who are disenfranchised to have the ability to go down and to get some form of ID because they'll be charged an additional amount. The same -- same concept of disenfranchisement taken away so many rights under HB1 that will come up next week but I'll talk about that next week but don't take away the right that my people have had, an access to vote. Don't try to make it more difficult for my people to have the ability to vote. Do whatever you want for your DWI folks, whatever, you advise them as you please but don't advise my folks.

REPRESENTATIVE JOSE ALISEDA: Ma'am, ma'am, I'm an immigrant to this country and I came from Mexico. Do you know what they require in Mexico? They require a biometric identification to vote. That means a picture ID including a finger print.

REPRESENTATIVE DAWNNA DUKES: We're in Texas and a whole bunch of things are different in Texas.

REPRESENTATIVE JOSE ALISEDA: A whole lot of other countries do the same thing.

REPRESENTATIVE DAWNNA DUKES: We're in America and a whole lot of things are different and one thing that we did have going for us is that we had civil rights but that seems to be being rolled back.

REPRESENTATIVE JOSE ALISEDA: Thank you, ma'am.

REPRESENTATIVE LON BURNAM: Mr. Speaker.

JOE STRAUS: Mr. Burnam for what purpose the?

REPRESENTATIVE LON BURNAM: Will the lady yield?

REPRESENTATIVE DAWNNA DUKES: Yes.

JOE STRAUS: She yields.

REPRESENTATIVE LON BURNAM: Ms. Dukes are you aware that my father-in-law and your constituent the entire time you've been in office, Dr. Glen Roarke had his driver's license taken away from him for no cause, was not issued either any kind of documentation and had to make three different visits to three different DPS facilities here in Austin, Texas taking over two hours each visit in order to get a temporary permit.

REPRESENTATIVE DAWNNA DUKES: No, I was not aware.

REPRESENTATIVE LON BURNAM: Ms. Dukes, were you aware that this county has grown exponentially in population over the last decade and now it has over 1.7 million now almost 1.8 million people in it and there are still only 3 DPS offices in the county and all three of them are all outside the loop and not on bus lines.

REPRESENTATIVE DAWNNA DUKES: Wow that's going to make it pretty difficult.

REPRESENTATIVE LON BURNAM: Yeah. Thank you.

REP. LARRY TAYLOR: Representative Lyne moves a point of order that the gentle lady's time has expired. The point is well taken. Ms. Dukes sends up a amendment. Representative Harless moves to table. Question is on the motion to table. All in favor vote aye. All opposed vote no. Clerk will ring the bell. Show Ms. Duke voting no. Have all members voted? My vote is 99 ayes, 44 nays. Two present not voting. The motion is now tabled. Following amendment. The clerk will read the amendment.

CLERK: Amendment by Dutton.

REP. LARRY TAYLOR: Chair recognizes Mr. Dutton to lay out his amendment.

REP. HAROLD V. DUTTON JR.: Mr. Speaker, members, as I read through the bill one of the things that struck me was the reference to personal identification certificate that's required under this bill. And what this amendment simply does it just adds the two words voters certificate to it. It would now read a personal identification voters certificate and that's really all it does.

REP. LARRY TAYLOR: Chair recognizes Representative Harless to speak against the amendment.

REPRESENTATIVE PATRICIA HARLESS: Members, there's certain information on your voter's certificate your voter registration card. You will still continue under this legislation to get a voter registration card that tells you home precinct, your senatorial district, your congressional district and this amendment replaces the voter registration card with a personal identification voter card. It's unnecessary and it would be expensive to the county -- to the State.

REP. LARRY TAYLOR: Mr. Dutton for what purpose?

REP. HAROLD V. DUTTON JR.: Would the gentle lady yield?

REP. LARRY TAYLOR: She yields.

REPRESENTATIVE PATRICIA HARLESS: I will.

REP. HAROLD V. DUTTON JR.: Ms. Harless, would you read that amendment again because I don't -- I don't think you really intended to misrepresent what the amendment does. Your bill do you know that your bill contains a reference to a person identification certificate in here.

REPRESENTATIVE PATRICIA HARLESS: Yes, that's the voters registration card.

REP. HAROLD V. DUTTON JR.: But it's called a personal identification certificate; is that right?

REPRESENTATIVE PATRICIA HARLESS: Right.

REP. HAROLD V. DUTTON JR.: And all this does is just makes it clear that that personal identification certificate is really a personal identification voter's certificate which is what I thought you intended to be.

REPRESENTATIVE PATRICIA HARLESS: Your personal identification voter card that is issued in the bill is a voter registration card issued by the registrar.

REP. HAROLD V. DUTTON JR.: But it's not --

REPRESENTATIVE PATRICIA HARLESS: Excuse me. What you're doing in Section 20 is addressing the Transportation Code which in essence would mean that everybody would get a voter ID card through the Texas Department Transportation and that would make it very expensive. We talked earlier about these dollars.

REP. HAROLD V. DUTTON JR.: I think if you'll look at the amendment a little more closely what you'll realize is that that's not what it does. What it does is simply says if you're getting the personal identification card for voter purposes then it would be called a personal identification voter certificate. That's what it really -- all it does. It doesn't change that. It doesn't change the part that you suggest it does.

REPRESENTATIVE PATRICIA HARLESS: So tell me what the purpose of this is.

REP. HAROLD V. DUTTON JR.: So that -- so that there's a distinction that ought to be made between just a regular personal identification card and one that is designed solely to be used as a voter. That's all it does.

REPRESENTATIVE PATRICIA HARLESS: I don't see that.

REP. HAROLD V. DUTTON JR.: Well, it might require you to look at the amendment a little closer and the bill a little closer too though because I think -- well not -- but it doesn't change anything it doesn't violate anything in the bill.

REPRESENTATIVE PATRICIA HARLESS: Do you want to talk about this some more because we haven't discussed this.

REP. HAROLD V. DUTTON JR.: I think we have all night.

REPRESENTATIVE PATRICIA HARLESS: Okay.

REP. HAROLD V. DUTTON JR.: All right.

REP. LARRY TAYLOR: Representative Dutton sends up an amendment. Representative Harless moves to table. Representative Dutton to close.

REP. HAROLD V. DUTTON JR.: Thank you, Mr. Speaker and members. I thought this was an easy amendment but I guess not. Essentially what this bill requires is that if you want to go to the DPS to get a certificate for you to vote then it's called, under the bill, a personal identification certificate. What my amendment simply does is if you do that it's called a personal identification voter's certificate. That's really all this does. And I don't maybe it's not the amendment they don't like, maybe it's the author. I move passage of the amendment. All these awes to ayes and change them to green lights and noes I will accept them.

REP. LARRY TAYLOR: Ms. Harless moves to table. All the awes vote aye, all the nays vote no. Clerk will ring the bell. Have all voted? Voted 96 ayes, 49 nays. Two present not voting. The motion to table prevails. Representative Allen following amendment. The clerk will read the amendment.

CLERK: Amendment by Allen.

REP. LARRY TAYLOR: Chair recognizes Ms. Allen to explain her amendment.

REP. ALMA A. ALLEN: Thank you, chairman and members, this is a very simple bill -- amendment. It simply provides for those people who -- as already in the bill, who already have expired IDs and until the bill -- the bill is expired for 60 you can vote. If the bill is closed for 61 days you cannot vote. An example would be a young man on my staff who is there now ordered his driver's license to be replaced -- to replace an expired driver's license September 2010. In January he still had not received his driver's license. He had to wait in line all day to request it again. After haggling about whether or not it had been sent. He finally agree to process a renewal form. After that those of you from Dallas know that a fire occurred in the Dallas-Fort Worth mail facility. DPS sent him a letter asking -- informing him that his license had been destroyed in the fire and that it would take another two or three weeks. On or about March the 9th, 2011 he finally received his license. About that time he received his notice that his driver's license had been destroyed in the fire. It took him almost six months to finally get his license renewed. He didn't have an U.S. military ID card, he didn't have a U.S. citizen certificate, he didn't have a passport nor did he have a concealed handgun license. I can point out this situation to you. If he had been able to use his old driver's license or one of his IDs or state issue IDs as you have listed in the bill he would have been able to vote. Now, I want to save the State of Texas money. You say you're giving a free ID to those people who want to vote and walk in and request one for the purpose of voting.

REP. LARRY TAYLOR: Mr. Guitierrez for what purpose?

REP. ALMA A. ALLEN: I'm sorry I'm laying out my amendment.

REP. ROLAND GUTIERREZ: Oh, I don't think she's done yet. I'll wait.

REP. ALMA A. ALLEN: One minute. For the purpose of voting how much will it cost the State of Texas to furnish a free ID to all of the persons who will walk up and ask for a free ID for voting. That would possibly include -- like me I lost my driver's license. Right now -- that would be me standing in that line. All of the persons who've driver's license who have expired any form of ID that you have in this bill. I'm simply asking that you extend the time to any driver's license or any ID issued by the State expired for any length of time. You are who you are. You do not change. Will this save the State millions of dollars of free ID cards. It would give an opportunity for grandma -- I know she's in there -- I know we're in there somewhere, over 60, over 70, who doesn't drive anymore but you had a driver's license to use, our old driver's license or those who had a wreck and became handicapped, had a driver's license but can't drive anymore to use their old IDs. I simply ask that you extend these 60 days until any length of time would save the State millions and millions of dollars.

REP. LARRY TAYLOR: Mr. Gutierrez for what purpose?

REP. ROLAND GUTIERREZ: Will the gentle lady yield for a question?

REP. ALMA A. ALLEN: Yes, I will. Thank you.

REP. ROLAND GUTIERREZ: Representative Allen, you're aware that the state of Georgia has a voter identification, voter impersonation statute. Whatever you want to call it. They have a similar type legislation in Georgia, you're aware of that, correct?

REP. ALMA A. ALLEN: I've heard that today.

REP. ROLAND GUTIERREZ: Did you know that in Georgia, Representative Allen, they require the same thing, a Georgia driver's license even if it's expired. So the good people of Georgia have determined that your amendment is a good idea and it has worked for them.

REP. ALMA A. ALLEN: Yes. I think it would be a good amendment not only would it be good but you wouldn't have to drag grandma to DPS station. She could use her old card.

REP. ROLAND GUTIERREZ: So, it's good enough for the people in Georgia should be good enough for the people in Texas, should it not?

REP. ALMA A. ALLEN: I think so.

REP. ROLAND GUTIERREZ: Well, Representative Allen, I think you have a good amendment. I think it's worked for the state of have Georgia and I think what we are talking about here is reasonableness and as you stated earlier our identities don't change.

REP. ALMA A. ALLEN: That's right.

REP. ROLAND GUTIERREZ: And actually we shouldn't burden people by simply -- that don't no longer need to go get that driver's license anymore. That old ID should work.

REP. ALMA A. ALLEN: Takes a burden off of the people and it takes a burden off of the state too.

REP. ROLAND GUTIERREZ: Thank you, Dr. Allen, I appreciate at it.

REP. GARNET F. COLEMAN: Mr. Speaker.

REP. LARRY TAYLOR: Mr. Coleman for what purpose?

REP. GARNET F. COLEMAN: Will the gentle lady yield for questioning?

REP. LARRY TAYLOR: She yields.

REP. GARNET F. COLEMAN: Representative Allen, first of all if we tie something to a government ID that is not something that is permanent for all individuals and that ID expires because it is used for a specific purpose it was not designed for voting.

REP. ALMA A. ALLEN: Right.

REP. GARNET F. COLEMAN: Do you think that an individual should be turned away or would they be turned away from voting if they had an expired license that went over a period of time, 61 days.

REP. ALMA A. ALLEN: No and I think as I said, you are who you are and after 61 days you don't change, you're the same person I think that document can be used for voting, too.

REP. GARNET F. COLEMAN: Because the difference that we're talking about is that the idea that it has the picture, correct?

REP. ALMA A. ALLEN: Yes.

REP. GARNET F. COLEMAN: Now, this is an innocent question. I went to get a driver's license, renewal of a driver's license. You know, you do it online, right? And in the period of time that you're waiting for your driver's license you have a piece of paper with no picture on it. So that would not be a valid ID for going to vote under the bill; is that correct?

REP. ALMA A. ALLEN: That's correct.

REP. GARNET F. COLEMAN: What happens if an individual comes in and tries to vote with an expired ID card or driver's license or whatever the case may be.

REP. ALMA A. ALLEN: As this bill is written that person would not have the opportunity to vote. It would be -- it would be among the -- he could vote and it would be filed in the provisional ballots and you and I know that maybe 20 percent of those votes are counted in the election. That too is a fraud.

REP. GARNET F. COLEMAN: And particularly we heard earlier in earlier discussion that provisional ballots in themselves is actually in the bill it says well even though you've done everything that you've supposed to do you still -- your vote still may not be counted in a provisional ballot.

REP. ALMA A. ALLEN: Absolutely.

REP. GARNET F. COLEMAN: That is just bad law and bad circumstance. I appreciate the law that you brought because you know we heard something about finger imagining in Mexico and you heard something about people taking a driver's license to rent a movie.

REP. ALMA A. ALLEN: Yes.

REP. GARNET F. COLEMAN: Does the Redbox ask you for your driver's license.

REP. ALMA A. ALLEN: No, it doesn't.

REP. GARNET F. COLEMAN: Yeah. I was about to say. Thank you very much.

REP. ALMA A. ALLEN: Like I said, I lost my driver's license. So I was over there trying to get a driver's license off of the internet and it asked me for the number on my driver's license. I don't have a driver's license.

REP. GARNET F. COLEMAN: Exactly, so there's this fantasy world out there that some people live in that you and I don't live in. As we go online the use of a picture ID for purchases or for any other thing that is just not what's happening here.

REP. ALMA A. ALLEN: That's right. That's right.

REP. GARNET F. COLEMAN: And in the real world somebody talks about a passport, how many people do you know in your district that have a passport.

REP. ALMA A. ALLEN: Very, very few.

REP. GARNET F. COLEMAN: So the issue is, I guess, the folks out there who are traveling internationally quite a bit they obviously have one but people who are taking the bus to work they aren't even thinking about needing a passport to go on their vacation do they.

REP. ALMA A. ALLEN: They don't have passport nor bus fare.

REP. GARNET F. COLEMAN: Thank you very much.

REP. LARRY TAYLOR: Representative Sheffield, raises a point of order that the gentle lady's time has expired. The point of order is well taken and sustained.

REP. ALMA A. ALLEN: Thank you.

REP. LARRY TAYLOR: Chair recognizes Representative Harless to speak on the amendment.

REP. PATRICIA HARLESS: Members this amendment allows for an expired I. D. with no limits but I'm going to leave this to the will of the House.

REP. LARRY TAYLOR: Mr. Hochberg, for what purpose?

REP. SCOTT HOCHBERG: Will the gentle lady yield, please?

REP. LARRY TAYLOR: Do you yield.

REP. PATRICIA HARLESS: Yes, sir.

REP. LARRY TAYLOR: She yields.

REP. SCOTT HOCHBERG: Representative Harless, we've been seeing a lot of each other the past few days.

REP. PATRICIA HARLESS: It's always a pleasure to see you.

REP. SCOTT HOCHBERG: Likewise. What concerns me in particular about this provision in the bill is not only that we're saying that if it's over 60 days, it's no good. I wish I changed that much in 60's that I couldn't be recognized but that there's no provision for any kind of unforeseen circumstance. For instance, did you consider what happens if let's say there was a fire at the driver's license place and a bunch of licenses burnt up. Can you envision that happening.

REP. PATRICIA HARLESS: I never thought about that but we did allow for a provisional ballot.

REP. SCOTT HOCHBERG: But you still have to then come back in with your license at some point within six days.

REP. PATRICIA HARLESS: With some type -- with one of the --

REP. SCOTT HOCHBERG: Are you aware that there actually was a fire at the driver's license processing facility earlier this year.

REP. PATRICIA HARLESS: Which one?

REP. SCOTT HOCHBERG: From the DPS website it says DPS vender mailing. It happened in February and they lost 14,000 driver's licenses which had to then be replaced again and they're still telling folks you should get it by about April 1st. So even after the normal processing time they added several months. And under those circumstances if there had been an election under your bill I think folks would have been out of luck. That couldn't possibly be something you intended.

REP. PATRICIA HARLESS: The information I have is from DPS testimony in both the House and the Senate committees and they said that they usually can provide a driver's license after it's stolen or lost within 15 days. At the longest 45 days. But as I've said I'm not speaking against the amendment I'm leaving it to the will of the House.

REP. SCOTT HOCHBERG: Thank you. Well, I think Ms. Allen -- Dr. Allen has good amendment because it takes care of these unforeseen circumstances at minimum and things getting lost in the mail that the voter and the driver has no control over. So, I appreciate you not moving to table this amendment.

REP. PATRICIA HARLESS: Thank you.

REP. LARRY TAYLOR: Chair recognizes Representative Allen to close.

ALMA A. ALLEN: Members, this is an opportunity for us to make the bill better than it is. It's an opportunity for us to save money for the state. Those of you who know me know that I don't file frivolous bills or frivolous amendments. I'm sincere about this. This gives us an opportunity to let people vote on the ID that they have. We really don't change that much and so this time we don't need to vote down party lines. We can vote for something that is good for the State of Texas, for it's people, and for the state and then they can save money and give its people an opportunity to participate in the voting process and I request your vote on this bill. Thank you.

REP. LARRY TAYLOR: Representative Allen sends up the amendment. The vote is on the amendment. Vote aye, vote nay. The clerk will ring the bell. Show Representative Allen voting aye, show Representative Harless voting -- Representative Crownover voting aye, Representative Crownover is no, Harper Brown is going to vote. Have all voted? Have all voted? My vote of 56 ayes, 89 nays, two present not voting. The motion fails to adopt. Following amendment. The clerk will read the amendment. Representative Alonzo.

CLERK: Amendment by Alonzo.

REP. LARRY TAYLOR: Chair recognizes Representative Alonzo to explain his amendment.

REPRESENTATIVE ROBERTO R. ALONZO: Yes, Mr. Speaker, members. This just clarifies or adds that an ID card that's approved by the state may be used as an ID. Right now we're identifying certain types of ID that the state feels that there is a certain ID to prove after, you know, we voted at a state level or different ways that that identification card be used.

REP. LARRY TAYLOR: The amendment is acceptable to the author. Is there any objection? Chair hears. None it's adopted. Following amendment. Clerk will read the amendment. Mr. Veasey.

CLERK: Amendment by Veasey.

REP. LARRY TAYLOR: Chair recognizes Mr. Veasey to explain his amendment.

REP. MARC VEASEY: This amendment actually is in the spirit of bipartisanship was inspired by Representative Taylor of Collin County. Representative Taylor was in an exchange -- was with in an exchange with -- and I can't remember who was on the front mike but he said that you have to have a valid photo ID in order to fill out an I9 and so, therefore, if you have to have a valid ID to fill out a valid I9.

REP. LARRY TAYLOR: Representative Martinez for what purpose? REP. ARMANDO "MANDO" MARTINEZ: Would the gentleman yield for a question?

REP. MARC VEASEY: I yield.

REP. LARRY TAYLOR: He yields. REP. ARMANDO "MANDO" MARTINEZ: Well, then, Mr. Veasey, let me ask you. If you have a valid ID and you fill out an I9 then you get an employee's ID from your employer then you should be able to use that to vote, am I correct?

REP. MARC VEASEY: Absolutely. REP. ARMANDO "MANDO" MARTINEZ: So, you're talking to your employer and all of us including me fill out an I9, therefore, they should be valid because if they have a driver's license which is required under that requirement for an I9 or a Social Security No. then we as an employer can ask that employee can take a photo ID and use that to vote and that is all you're asking for is that, correct?

REP. MARC VEASEY: Absolutely. If the employers of Texas that help keep people employed and keep jobs and help keep food on our tables if they provide an ID, obviously, they have verified that identification is valid and that's the only way like places like Lockheed and Coca Cola and other places will issue an ID. And so, that ID ought to count to vote and I think that this is an bipartisan amendment because Mr. Taylor spoke about it earlier. So I move passage.

REP. LARRY TAYLOR: Chair recognizes Representative Harless to speak against the amendment.

REP. PATRICIA HARLESS: Members this amendment is asking that you allow a valid employee identification card from somebody's work. It's not a government ID, it's not a state issued driver's license, it's a valid employee ID card and I wish --

REP. LARRY TAYLOR: Mr. Phillips, for what purpose?

REP. LARRY PHILLIPS: Just a quick question.

REP. LARRY TAYLOR: Does the lady yield?

REP. PATRICIA HARLESS: Yes.

REP. LARRY TAYLOR: She yields.

REP. LARRY PHILLIPS: There's no limitation on this at all.

REP. PATRICIA HARLESS: None.

REP. LARRY PHILLIPS: I mean this doesn't set out standards or practices or anything.

REP. PATRICIA HARLESS: None at all.

REP. LARRY PHILLIPS: Thank you.

REP. LARRY TAYLOR: Mr. Veasey, for what purpose?

REP. MARC VEASEY: Does the gentle lady yield?

REP. PATRICIA HARLESS: Yes.

REP. LARRY TAYLOR: She yields.

REP. MARC VEASEY: Your Republican colleague from Collin County stated earlier that in order for you to be able to work at any place that you have to have a valid photo ID in order to fill out that I9 and that employer has to verify that identification so why would that identification not work at a polling place.

REP. PATRICIA HARLESS: The purpose of the types of ID's that were chosen, a driver's license, a Texas issued ID card, a Texas issued driver's license, a passport, is because there's a standardization of forms. They're uniform, they're easier for people to recognize, they're easier for the poll worker to recognize, they're easier for the voter to recognize. This throws all those standards out it allows any type of ID that could be duplicated and it takes away all the security provisions in the bill. I can't support it.

REP. MARC VEASEY: One of our largest employers in the city of Fort Worth is Lockheed Martin and we have other large employers as well, American Airlines. So people are used to seeing those identifications in the metroplex. There's a good likelihood that the clerk, particularly if you live in Fort Worth, it's a pretty good likelihood that the clerk will have a relative or someone that worked at one of these places. So they would also be easily able to identify those forms of identification. And it's the same justification that you just layed out. So why not accept that amendment?

REP. PATRICIA HARLESS: Because it's not issued by the government agency. It's issued by an employer. There is no standardization of form and it takes away all the protections that we put in this bill for a person to have an ID that a coworker -- that it's easy for them to recognize and it's easy for the voter to understand.

REP. MARC VEASEY: Are there different -- I mean, you're an employer you're in the car business. Do you not do you not offer the same I9 to your employees that every other employer offers to their employees.

REP. PATRICIA HARLESS: I do and all my employees fill out an I9 and typically they use their driver's license and Social Security card. I've had some use ID cards if they didn't have a driver's license but --

REP. MARC VEASEY: So you're not using a separate form. That would be a standardization of form.

REP. PATRICIA HARLESS: I this whole -- I think the conversation we're talking about the I9 I understand Representative Taylor the ability to get up here and talk about that form. That has nothing to do with the bill is about showing a photo ID when you show up to vote that is issued by a government agency and is easy to recognize because it has the same standardization.

REP. MARC VEASEY: Okay. So when he layed out his justification that everybody has to fill out this standardized form, the I9, in order to get an ID -- so you accepted it when he came to you. I'm bringing you the same thing but you accepted it from him. The rationality you accept it from him is what I'm laying out to you, so why won't you accept it from me.

REP. PATRICIA HARLESS: I didn't accept any rational from him. He got up to talk against an amendment that was offered. I didn't -- I didn't accept.

REP. LARRY TAYLOR: Mr. Legler, for what purpose?

REPRESENTATIVE KEN LEGLER: Will the gentle lady yield for question?

REP. LARRY TAYLOR: Do you yield for question?

REP. PATRICIA HARLESS: Yes.

REP. LARRY TAYLOR: She yields.

REPRESENTATIVE KEN LEGLER: I'm a little familiar with having I9 with having a company. Did you know they can bring a driver's license, in fact, under the list in B and C it lists you can have a driver's license issued by the State. Outlines suggesting in the United States. It doesn't say by the State of Texas, it just says by the states, it also says employment identification issued by the Department of Homeland Security. Which means you can have a visa, an authorized work in here and you can get a -- you can fill out an I9 form and be authorized to work. That's how I see that. What you're saying is that person may not be a citizen or resident in the State of Texas but they're saying they can use that ID as a government vote. I think you need to be right about this amendment it needs to be tabled.

REP. PATRICIA HARLESS: I move to table.

REP. LARRY TAYLOR: Representative Veasey sets up an amendment. Representative Harless moves to table. Question is on the motion to table. All those in favor say, aye. All those opposed say, no. Clerk ring the bell. Ms. Harless voting aye, Mr. Veasey voting no, Representative Hunter voting aye. Have all voted? By a vote of 141 ayes, 47 nays and two present not voting the motion to table prevails. The following amendment. The clerk will read the amendment. Representative Gonzales of El Paso.

CLERK: Amendment by Gonzales of El Paso.

REP. LARRY TAYLOR: Chair recognizes Representative Gonzales to explain her amendment.

REP. VERONICA GONZALES: Members, Mr. Speaker. Members, this amendment would allow Native Americans to use their tribal IDs as an acceptable form of identification upon voting. *Pueblo for example is a group of individuals that would benefit from this amendment. Currently the population of the tribal or the native nations is enrolled at 1687 members with 1,105 of them residing in Texas. And of those 1687, 1044 of the Native American population reside in El Paso, Texas alone. Each member received an enrollment card also known as a picture ID that is issued with authorized signature of the tribal governor. To obtain this ID the identification that is used is an original birth certificate, Social Security card, and a state issued ID. Let me repeat that because it does bear repeating. To get this tribal ID you need, original birth certificate, Social Security card, and a state issued ID based on that I believe that there is a significant layer and there are significant safeguards in place to ensure that a tribal ID should be sufficient when a tribal member goes to a polling place to vote.

REP. LARRY TAYLOR: Representative Marquez, for what purpose.

REP. MARISA MARQUEZ: Mr. Speaker, would the lady yield?

REP. LARRY TAYLOR: Would you yield?

REP. MARISA MARQUEZ: Representative Gonzales, I think everyone heard you in El Paso. So essentially what this amendment is going to do it's just going to allow Native American tribes to be recognized, right? Their ID will be valid form of identification.

REP. VERONICA GONZALES: That is correct.

REP. MARISA MARQUEZ: Okay. And are the enhanced tribal identification cards that are currently being issued by the government a reliable form for an event such as voting.

REP. VERONICA GONZALES: Absolutely.

REP. MARISA MARQUEZ: You spoke specifically about these *Sioux Pueblo.

REP. VERONICA GONZALES: Yes. Absolutely. Because the United States government is planning to start using enhanced tribal identification cards. This is going to recognize U.S -- a federally recognized tribe in order to get this specific card their tribe must meet the requirements set out by the Federal government and this itself shows that they are going to have to expose themselves to a background check. So, these tribal cards are needed for the enhanced tribal identification cards. So, this is almost be equivalent to having to have a passport. Again, I think that these identification cards that are issued by the tribes are -- has significant barriers in place in order for them to qualify them for voter ID.

REP. MARISA MARQUEZ: I think this amendment is extremely appropriate. Thank you, Representative.

REP. VERONICA GONZALES: Thank you, Representative Marquez.

UNIDENTIFIED MAN SPEAKER: Mr. Speaker, will the gentleman yield?

REP. LARRY TAYLOR: Will you yield?

REP. VERONICA GONZALES: Yes, sir.

REP. ROLAND GUTIERREZ: Representative Gonzales, we heard earlier about the voter identification requirement for the state of Georgia. Were you here when we discussed that.

REP. VERONICA GONZALES: Yes, sir.

REP. ROLAND GUTIERREZ: Did hear that in Georgia you could use an expired driver's license. You heard that Dr. Allen and I.

REP. VERONICA GONZALES: I did hear that exchange, yes.

REP. ROLAND GUTIERREZ: Did you also know that Georgia they a valid tribal ID is allowed.

REP. VERONICA GONZALES: You know I was not aware of that but I am not surprised by that.

REP. ROLAND GUTIERREZ: So, if it's good for the people in Georgia, it's good for the people in Texas.

REP. VERONICA GONZALES: I would say so, yes.

REP. ROLAND GUTIERREZ: I think you have a good amendment.

REP. VERONICA GONZALES: Thank you very much.

REP. LARRY TAYLOR: Now Representative Harless to speak against the amendment.

REP. PATRICIA HARLESS: Members, we had testimony of this both this session and last session. The reason we chose -- the reason the ID documents were chosen for the driver's license, the Texas driver's license, Texas ID card voters -- passport and all the different forms was that they were standard. It was easier for the poll workers to understand and read it and recognize it and it was also easier for the voters to know what is expected. With your tribal cards you don't know for sure if they are official and if they have all the same security provisions that are issued by the State of Texas and that was the purpose of that in our testimony in the committee.

REP. LARRY TAYLOR: Representative Gonzales.

REP. VERONICA GONZALES: Lady yield.

REP. LARRY TAYLOR: Do you yield?

REP. PATRICIA HARLESS: Yes, ma'am.

REP. VERONICA GONZALES: Thank you, ma'am. Would you say that -- rather that 1687 members -- tribal members is a significant number in the State of Texas.

REP. PATRICIA HARLESS: Can you say the number again.

REP. VERONICA GONZALES: 1687.

REP. PATRICIA HARLESS: I think that's significant.

REP. VERONICA GONZALES: Now, being that 1044 of those members live in El Paso County, that's the county that I represent, those are poll workers that El Paso County members that are going to have to -- are going to have to deal with. Do you not agree with that?

REP. PATRICIA HARLESS: Say that one more time.

REP. VERONICA GONZALES: Yes, ma'am. Would you not agree -- and I gave you a statistic that, 1044 of those 1687 members live in El Paso County which is the district that I happen to represent. And so, it is going to be the El Paso County election people that are going to have to identify these cards. And so, would you not say that the majority of the people that I just sited to live in El Paso County that they have some familiarity with what a tribal card looks like.

REP. PATRICIA HARLESS: Now, how many of these people do not have a driver's license or a Texas driver's license, a Texas ID card? Do you have those statistics?

REP. VERONICA GONZALES: No. But I'm going to again say that in order to receive a tribal ID you must show an original birth certificate, Social Security card, and not or and a state issue ID. And we have sat here for the better half of this day and talked about how state issued ID are acceptable forms of identification for voter ID purposes. So would it not make sense then to have a tribal ID be an acceptable form of identification.

REP. PATRICIA HARLESS: I understand when you say that the people that have these tribal cards the majority of them live in El Paso but what happens if the move to Spring, Texas and register to vote and don't have an ID and they show up at the polls with a tribal card and the poll worker and election judges are not familiar. That was part of the reason why we wanted some standardization of the form.

REP. VERONICA GONZALES: Let's talk about that for a moment. Do we know how often tribal members migrate off of the counties that they live in because they do receive their federal benefits from the reservation in which they reside, do they not?

REP. PATRICIA HARLESS: You would know a lot more about that than I do. You represent them and you're doing a great job.

REP. VERONICA GONZALES: Thank you. I would say that the migratory habits, of people, if you will, of people that are Native Americans that are in the three tribes that are here in Texas don't migrate very often. And so, even if they were to show this tribal ID I think that a polling person would probably be able to call either the Federal government or the actual tribal counsel that issued the ID to verify who this person is. Would that not be a mechanism that could be used.

REP. PATRICIA HARLESS: We just added another layer of requirements that someone has to do the day -- that the poll worker, election worker has to do when they show up -- when someone shows up to vote. We just ask that there is another step that they are having to do which could stop or slow down vote.

REP. VERONICA GONZALES: Okay. Based on that question or based on that statement then, if a person doesn't look like who they look like on their photo ID, on their driver's license; for example, is the poll worker then going to ignore the person that has presented the form of ID because they don't look like who they look like or are they going to use some due diligence to find out is this person who they really are.

REP. PATRICIA HARLESS: Now we're talking about ID and not your amendment you want to talk about your amendment.

REP. VERONICA GONZALES: Well, we are talking about the amendment. This is germane because we are talking about what is an acceptable form of ID and again, I think, that we've listed several appropriate forms and I think that tribal form is definitely appropriate.

REP. LARRY TAYLOR: Representative Sheffield races a point of order that gentle ladies time has expired. The point of order is well taken and sustained. Chair recognizes Representative Gonzales to close. Mr. Veasey for what purpose.

REP. MARC VEASEY: Would the -- I would like to move that we extend the gentle lady's time, please.

REP. LARRY TAYLOR: Mr. Veasey moves that the gentle lady's time be extended. Is there any objection? Chair hears none. Time is extended.

REP. MARC VEASEY: Representative Harless, I just have a few questions for you.

REP. LARRY TAYLOR: Do you yield.

REP. PATRICIA HARLESS: Yes.

REP. LARRY TAYLOR: She yields.

REP. MARC VEASEY: Why don't you work with Representative Gonzales to do a carve out for her particular county because it's obviously there are thousands of people that would be effected. So why not do a carve out for her?

REP. PATRICIA HARLESS: I'm not interested in doing any carve outs in the bill but I am interested in listening to what she has to say.

REP. MARC VEASEY: I'm sorry, I couldn't quite hear you.

REP. PATRICIA HARLESS: I don't know what -- I'm talking right here. No, I'm not interested in doing any carve outs but I am interested in hearing what she has to say for one-second.

REP. MARC VEASEY: Absolutely, I'll pause.

REP. LARRY TAYLOR: Representative Gonzales withdraws the amendment temporarily. Following amendment. Clerk will read the amendment. Mr. Dutton. Clerk amendment by Dutton. Chair recognizes Mr. Dutton to explain his amendment.

REP. HAROLD V. DUTTON JR.: Mr. Speaker and members, I know it's been a long day but this is the most important bill. And what this amendment does is simply adds a group of people who are most important to the election process. And what this does is simply allows a students identification card that is issued by a public or private high school or institution of higher education that also contains the persons photograph to be able to use that as a basis of voting. And I don't know whether that's acceptable or unacceptable but I think it's a good amendment and I hope you do to and I move passage of the amendment.

REP. LARRY TAYLOR: Representative Harless. Chair recognizes Representative Phillips to speak against the amendment.

REP. LARRY PHILLIPS: Yes, I would move to table Representative Dutton's amendment.

REP. LARRY TAYLOR: Representative Dutton you want to close. Representative Dutton to close.

REP. HAROLD V. DUTTON JR.: Mr. Speaker, members, I wish I knew why Mr. Phillips would move to table the amendment without explaining what his reasons were. I realize that this amendment is probably like most of the other amendments where there has been an opportunity not for reason of prevails but the numbers to prevail and I just think the students ought to be recognized and certainly August ought to have an opportunity to --

REP. LARRY TAYLOR: Mr. Phillips, for what purpose?

REP. LARRY PHILLIPS: Mr. Dutton do you yield?

REP. HAROLD V. DUTTON JR.: As soon as I finish. You had your opportunity up here. I'll give you that opportunity though. We ought to recognize that students ought to have the opportunity to use their student identification cards that again are issued by state agencies, essentially the institutions of higher education or essentially state agencies, when I last checked. So if we're going to allow state agencies to issue identification cards so that people can vote what better way than to use a student ID that also has the picture of the student on the ID so that it can be used. And with that Mr. Speaker, I will yield to Mr. Phillips.

REP. LARRY TAYLOR: Mr. Phillips he yields.

REP. LARRY PHILLIPS: Thank you Mr. Chairman I just want -- you would agree with him that all the different institutions you are discussing do not have a standardized form that would be easy for an election clerk or officer to recognize.

REP. HAROLD V. DUTTON JR.: Depends on what you mean as standardized.

REP. LARRY PHILLIPS: Standardized, that they're all the same. Same shape, size, location of the picture, location of the information.

REP. HAROLD V. DUTTON JR.: I have not seen them all but I would doubt that every single one of them is exactly the same, if that's what you mean.

REP. LARRY PHILLIPS: And they're also the people that issue those don't go through a certain training to ascertain to make sure that there's not fraud and trying to obtain those licenses.

REP. HAROLD V. DUTTON JR.: I would beg to differ with you. I would beg differ. I don't know anybody in a college or university that -- maybe you do -- that is there and has a student ID and is not who they say they are.

REP. LARRY PHILLIPS: And there's no verification of citizenship on those as well; is that correct?

REP. HAROLD V. DUTTON JR.: That would be the case and that would be the case with a driver's license.

REP. LARRY PHILLIPS: And anyway that was the question I had. Thank you.

REP. HAROLD V. DUTTON JR.: All right. Thank you. Mr. Speaker, members this a vote for students and I'm here to tell you that either today you can show up for students or on election day they will show up for you and I would ask you to vote no on the motion to table.

REP. LARRY TAYLOR: Mr. Dutton sends up amendment. Mr. Phillips motion to table. The vote is on the motion to table. Clerk will ring the bell. Mr. Phillips is voting no, Mr. Dutton is voting aye -- I'm sorry Mr. Phillips is voting aye and Mr. Dutton is voting no. Show Ms. Kolkhorst voting aye, Mr. Martinez Fischer voting no, Mr. Guitierrez voting no. Have all members voted? By vote of 99 ayes, 49 nays two present not voting the motion to table prevails. The following amendment. The clerk will read the amendment.

CLERK: Amendment by Martinez Fischer.

REP. LARRY TAYLOR: Chair recognizes Martinez Fischer to explain his amendment.

REP. TREY MARTINEZ FISCHER: Thank you, Mr. Speaker and members. This is a real simple amendment it just says we mean what we say. And if we have respect for the integrity state issued IDs by DPS then we ought to have the same level of integrity for the IDs that are issued by any state agency. So this amendment says that any state employee or anybody that has a state issued ID with their photograph on it should be allowed to vote with that and should be added to the list of approved documents. And so, with that I move adoption.

REP. LARRY TAYLOR: Chair recognizes Mr. Phillips to speak against the amendment.

REP. LARRY PHILLIPS: Thank you, Mr. Speaker, members. I would ask that I respectfully oppose this amendment. If you know one of those -- one these showing up expired. And so, that wouldn't be effective they're not going issue those anymore. And it gets back to uniformity. We don't have uniformity across all state agencies. They all look different. We're trying to have uniformity.

REP. LARRY TAYLOR: Ms. Dukes, for what purpose?

REPRESENTATIVE DAWNNA DUKES: Would gentleman yield?

REP. LARRY PHILLIPS: I certainly would.

REP. LARRY TAYLOR: He yields.

REPRESENTATIVE DAWNNA DUKES: Thank you, thank you. Representative, so what's wrong with this ID. I'm able to get into the Capitol with it.

REP. LARRY PHILLIPS: Yes, but a voting clerk may not know what that is or may not even know -- be familiar with the Capitol.

REPRESENTATIVE DAWNNA DUKES: May not be familiar with the Capitol and people are voting for people to be in the Capitol? Then why are they over there helping people vote? If they don't know the Capitol is.

REP. LARRY PHILLIPS: Okay. I think you know what I'm saying and I think that's not being fair.

REPRESENTATIVE DAWNNA DUKES: It is being fair -- it is fair. If you don't know what the Capitol is then you don't need to be helping anybody vote.

REP. LARRY PHILLIPS: They may not know you, they may not know what kind of for of ID you use. We are trying to uniformity across the State.

REPRESENTATIVE DAWNNA DUKES: Did you know I can get on an airplane with this. I have used it to go through TSA and I didn't get felt off but I was able to go through TSA with this.

REP. LARRY PHILLIPS: There's not uniformity across the whole state agency.

REPRESENTATIVE DAWNNA DUKES: Is the State of Texas uniform.

REP. LARRY PHILLIPS: The election laws are all uniform. They should be applied uniformly.

REPRESENTATIVE DAWNNA DUKES: Well, it sounds like you're opposed to any form of ID now. You would think if with the State of Texas -- the State of Texas has a different job, everybody has to have a different badge with their picture on it then it is -- then vetted some form or fashion but you're still saying that's not valid. Why should they be allowed to come -- would be allowed to come into the Capitol building if this is no good.

REP. LARRY PHILLIPS: Ms. Dukes, we're asking for you to have uniformity so our election clerks will be able to know exactly what to count on and know the verification procedures.

REPRESENTATIVE DAWNNA DUKES: Come on it's a state issued ID. That's uniform. It's the same state. We're not talking about using Mississippi's ID or using Delaware's ID, we're talking about using Texas business ID.

REP. LARRY PHILLIPS: I think that point has been made. It's not uniform across the state.

REPRESENTATIVE DAWNNA DUKES: But the point has not been made. You're not being uniform because every single one of the agencies, whether its state government or federal government, require that you have a background check in order to get these badges. So, what's the problem. There are bills that are going to come up, you know.

REP. LARRY PHILLIPS: We're asking for uniformity to help election clerks --

REPRESENTATIVE DAWNNA DUKES: You can com through the security --

REP. LARRY PHILLIPS: So we can have confidence in our elections. I would move to table.

REP. LARRY TAYLOR: Chair recognizes Mr. Martinez Fischer to close.

REP. TREY MARTINEZ FISCHER: Thank you, Mr. Speaker, members. I think it just underscores what we're really trying to do here. I can't understand the distinction between one state agency and another and I certainly don't think that Larry is trying to suggest that our state agencies are incapable of producing fraudulent ID cards or inaccurate ID cards and there's no requirement that they ever be uniform but all we need and all this debate has been about is having an ID with your photo on it that's trusted. And if we cannot trust an ID issued by the state then I have concerns about trusting ID's issued by the Department of Public Safety. They're no different of a state agency than the Health and Human Services Commission or the Texas House of Representative. These cards are signed by the legislative liaison for the Texas Department of Safety and signed in the front by the director of the Texas Department of Public Safety. It's a serious felony to not have this. And Larry says it's expired but that's my picture, that's my driver's license number, that's my district on this card and the employee ID that I have well, she's still here. She still works for this body and so I don't see what he's talking about when he says that it's expired.

REP. LARRY TAYLOR: Representative Truitt, for what purpose?

REPRESENTATIVE VICKI TRUITT: Would the gentleman yield, please.

REP. LARRY TAYLOR: Mr. Martinez, would you yield?

REP. TREY MARTINEZ FISCHER: I do yield.

REPRESENTATIVE VICKI TRUITT: Mr. Martinez Fischer, there's been some discussion about using some of the forms of ID that we're provided as House members and are you aware that I have attempted on a couple of occasions when I misplaced by driver's license to use one of the ID cards that's issued by the State to us showing that I'm a member of the 82nd -- at the time it was the 81st legislature and I was not allowed to use that to board a plane.

REP. TREY MARTINEZ FISCHER: That's why I'm trying to help you because if we put this in the law members this is the Martinez-Truitt amendment, the bipartisan amendment, if you want Vicki Truitt to be able to vote then you got to vote no on the motion to table. Members, lets do this for Vicki, Vicki Truitt. Number two, on the motion to table go red with me. I move we go no on the motion to table. Vicki would want you to join us.

REP. LARRY TAYLOR: Mr. Martinez Fischer sends up an amendment. Mr. Phillips moves to table. The vote is on the motion to table. Voting aye, vote no, vote no. Mr. Phillips voting aye, Mr. Fischer is voting no, show Ms. Truitt voting aye. Have all members voted? My vote is 97, aye 50 nays, two present not voting. The motion to table prevails. The following amendment. The clerk will read the amendment.

CLERK: Amendment by Hernandez Luna.

REP. LARRY TAYLOR: Chair recognizes Representative Hernandez Luna to explain her amendment.

REPRESENTATIVE ANA LUNA HERNANDEZ: Thank you, Mr. Speaker, members. This is a similar amendment that also includes the Federal agencies. These are Congressmen, Department of Navy, Department of Military allowing them to show their IDs as well. These are men we rely on for the security of our country, to advise our president, the cabinet on the security of our country on whether we can go to war. I think that ID should be valid for them to vote as well.

REP. LARRY TAYLOR: Chair recognizes Mr. Phillips to speak against the amendment.

REP. LARRY PHILLIPS: Thank you, Mr. Speaker and members. I would -- again, this has gone through the committee process and we're talking about uniformity so that those election workers, those polling workers at the polling place will have some consistency and know what we require them to do. And so, I would urge against -- this is quite a broad thing. An agency or institution of Federal government or agency or institution or political division of the state. The city has a little ID card or a water district has an ID card. So it's quite broad what this could cover. It's not just about a military card and I would certainly move to table.

REP. LARRY TAYLOR: Mr. Castro, for what purpose?

REP. JOAQUIN CASTRO: Would the gentleman yield?

REP. LARRY TAYLOR: Would you yield?

REP. LARRY PHILLIPS: Yes, sir.

REP. LARRY TAYLOR: He yields.

REP. JOAQUIN CASTRO: Representative Phillips, you've said that the reason that you want to just stick to a few IDs is because there's uniformity among the IDs that are being issued; is that correct?

REP. LARRY PHILLIPS: Yes. That is one of the many reasons why the committee has worked toward passing this legislation and has been successful elsewhere.

REP. JOAQUIN CASTRO: And I would imagine as a corollary point of yours would be that there are different kinds of state IDs that are issue; is that right? In other words the Department of Public Safety verses --

REP. LARRY PHILLIPS: I'm not sure what you mean IDs because I don't know if you mean employee IDs.

REP. JOAQUIN CASTRO: Right.

REP. LARRY PHILLIPS: Okay. This isn't -- this could have covered employee IDs probably written that broadly but I don't think that's what this amendment was for.

REP. JOAQUIN CASTRO: Well, I guess what's your understanding of what the amendment does, which IDs would it allow?

REP. LARRY PHILLIPS: This is Federal or local governments not state ID.

REP. JOAQUIN CASTRO: Okay. So well, the Federal and government issue different IDs than local and look differently; is that right? In other words San Antonio may issue a different one from Dallas.

REP. LARRY PHILLIPS: And I don't -- we don't know if they even do.

REP. JOAQUIN CASTRO: But are you aware that the Department of Public Safety issues licenses that look different.

REP. LARRY PHILLIPS: They have different ones but yes.

REP. JOAQUIN CASTRO: So how is that uniform then.

REP. LARRY PHILLIPS: Because they are very limited ones that they produce.

REP. JOAQUIN CASTRO: Your argument has been uniformity how is that uniform.

REP. LARRY PHILLIPS: They are uniform. They are uniform in how they look. They maybe have one maybe going horizontal one maybe going vertical. So we're not talking about 50 or however many 254 counties that they did plus all the cities that they would have to somehow figure if that's something that's acceptable or not in uniformity and no.

REP. JOAQUIN CASTRO: You're conceding now that there's no uniformity.

REP. LARRY PHILLIPS: No, I'm not --

REP. JOAQUIN CASTRO: Which is an argument that you made.

REP. LARRY PHILLIPS: No, I'm not conceding that. And also get back to we know that DPS has a process and a standard for training and determining validity of those presenting themselves for an ID. We don't know that about all of the -- those that are stated here.

REP. JOAQUIN CASTRO: You also made the point, is it right -- is that correct that poll workers wouldn't know how to necessarily identify some of these IDs.

REP. LARRY PHILLIPS: We're talking about -- again, we're talking about to make sure that they are valid and they understand what is acceptable and what you're trying to interject confusion to the local poll workers.

REP. JOAQUIN CASTRO: No. Not at all.

REP. LARRY PHILLIPS: Knowing we have so many different IDs so --

REP. JOAQUIN CASTRO: And I guess -- question is --

REP. LARRY PHILLIPS: I think I'm being consistent and we're bringing consistent throughout this legislation process.

REP. JOAQUIN CASTRO: Well, I disagree. But my question is -- my question is, isn't there a training session for these folks who do the poll working.

REP. LARRY PHILLIPS: There are training sessions and how much time do you want them to have to figure out what is a valid ID and what is acceptable because we're talking about very limited, very limited opportunity for them to have training.

REP. JOAQUIN CASTRO: Representative, can I ask you, have you -- have been to a polling site? You've been to a polling site in your political career; is that right.

REP. LARRY PHILLIPS: I have been to polling sites.

REP. JOAQUIN CASTRO: Okay. Have you ever been to a polling site where the poll workers, the election judge post the no -- basically the no mans land, the no crossing zone either further or closer than it should be.

REP. LARRY PHILLIPS: I don't know. I'd have to go back and measure.

REP. JOAQUIN CASTRO: You've never come across that in all of the polling sites that you've come across.

REP. LARRY PHILLIPS: I don't think that's been an issue, no.

REP. JOAQUIN CASTRO: Well, I think you'd be surprised. At least in San Antonio and other places I've been poll workers mess that up all the time. So what makes you think that if your worried about them not being able to tell local or federal IDs apart that they're going to be perfect on doing any of what you guys are passing right now?

REP. LARRY PHILLIPS: Well --

REP. JOAQUIN CASTRO: I mean a lot of them don't then put the markers in the correct place.

REP. LARRY PHILLIPS: I haven't seen that to be an issue so.

REP. JOAQUIN CASTRO: Thank you.

REP. LARRY TAYLOR: Representative Hernandez Luna sends up an amendment. Mr. Phillips moves to table. The vote is on the motion to table. Members vote aye or members vote no. Clerk will ring the bell. Show Mr. Phillips voting aye, Representative Hernandez Luna voting nay, Representative Marquez voting nay. Have all voted? I voted 99 aye, 49 nays and two present not voting. The motion to table prevails. Clerk lays out the following amendment. Clerk read the amendment.

CLERK: Amendment by Gonzalez of Hidalgo.

REP. LARRY TAYLOR: Chair recognizes Representative Gonzales.

REPRESENTATIVE NAOMI GONZALEZ: Mr. Speaker, members, throughout the day we've been talking about these provisional ballots that are to be voted and the affidavits to be signed, all of this -- all this amendment does is it requires that the affidavits be available at every polling place. If we want to ensure that every person that's eligible to vote is given an opportunity to vote we need to have the tools made available to them including these affidavits that they can sign if they don't have their ID at the time and need to vote a provisional ballot. I hope that it will be acceptable to the author.

REP. LARRY TAYLOR: Ms. Harless, for what purpose?

REP. PATRICIA HARLESS: Will the member yield?

REP. LARRY TAYLOR: Do you yield?

REPRESENTATIVE NAOMI GONZALEZ: Yes, I yield.

REP. LARRY TAYLOR: She yields.

REP. PATRICIA HARLESS: I wanted to clarify what our conversation was. You talked about having these affidavits at the polling place that they have to sign if they're casting a provisional ballot. You're not in anyway trying to cut out the photo ID requirements are you?

REPRESENTATIVE NAOMI GONZALEZ: Not with this particular amendment. This amendment simply says your bill already includes the requirements that the affidavit be signed if they have to fill out a provisional ballot. All this will say is let's make it available to them at the polling places so that they don't have to be traveling to another location to fill out an affidavit.

REP. PATRICIA HARLESS: Right. So they show up at a polling place and they don't have one of the subscribed forms of identification.

REPRESENTATIVE NAOMI GONZALEZ: Correct.

REP. PATRICIA HARLESS: And they fill out a provisional ballot and have to sign an affidavit.

REPRESENTATIVE NAOMI GONZALEZ: Correct.

REP. PATRICIA HARLESS: You're saying that when they're at that polling place and they want to cast a provisional ballot that requires an affidavit signed that that polling place should have that -- those affidavits there on location right.

REPRESENTATIVE NAOMI GONZALEZ: That's correct. That's correct.

REP. PATRICIA HARLESS: Could we -- could I ask that these -- our comments be recorded.

REP. LARRY TAYLOR: Members you've heard the motion. Is there any objection? So ordered. Chair hears none. So ordered. Ms. Gonzales sends up the amendment the. Amendment is accepted is. There any objection. Chair hears none. Amendment is adopted. Following amendment. Clerk will read the amendment.

CLERK: Amendment by Miles.

REP. LARRY TAYLOR: Chair recognizes Mr. Miles to explain his amendment.

REPRESENTATIVE BORRIS MILES: Thank you Mr. Speaker and members. The statistics of how the minorities and low income individuals are the most unrepresented groups in the electoral process in Texas. We ranked dead last in voter turn out. Members, under the current bill Secretary of State is requiring that we conduct statewide voter education and voter ID requirement to the tune of $2.4 million. Members, my amendment simply states the purpose of the Secretary of State to ensure voter education includes initiative geared toward minorities and low income residents. Members we have the electoral class on our hands and no matter if we're Republican or Democrat we owe it to our constituents especially those who are -- and the house of representatives to provide them with all the necessary tools to become educated in the electoral process.

REP. LARRY TAYLOR: Representative Harless, for what purpose?

REP. PATRICIA HARLESS: Would the member yield?

REPRESENTATIVE BORRIS MILES: Yes, ma'am I do.

REP. LARRY TAYLOR: Yes, he yields.

REP. PATRICIA HARLESS: I agree with your amendment. I just want to make sure we're not specifically talking about a dollar amount.

REP. LARRY TAYLOR: Members, can we have order on the floor, please, and take your conversations outside the rail.

REP. PATRICIA HARLESS: We're not specifically talking about a dollar amount. We just want the statewide effort to include education training.

REPRESENTATIVE BORRIS MILES: That is correct, ma'am.

REP. PATRICIA HARLESS: Thank you.

REPRESENTATIVE BORRIS MILES: My amendment is acceptable to the author and I move acceptance.

REP. LARRY TAYLOR: Mr. Miles sends up the amendment. Is there any objection? Chair hears none. The amendment is adopted. The following amendment. The clerk will read the amendment.

CLERK: Amendment by Harper Brown.

REP. LARRY TAYLOR: Chair recognizes Representative Harper Brown to explain her amendment. REPRESENTATIVE LINDA HARPER-BROWN: Thank you, Mr. Speaker, members. Members this amendment solves the problem that Representative Anchia brought up earlier where that there was actually an out in the bill that would allow persons to go in and vote never show a photo ID. It actually eliminates those provisions where the affidavit is needed for indigent or religious purposes and I move passage.

REP. LARRY TAYLOR: Representative Harper Brown sends up amendment. Is it acceptable to the author? The amendment is acceptable to the author. Is there any objection? Mr. Anchia, for what purpose?

REPRESENTATIVE RAFAEL ANCHIA: I would like to ask the lady some questions, please.

REP. LARRY TAYLOR: The lady has yielded the floor.

REPRESENTATIVE RAFAEL ANCHIA: You said the author of the amendment. May I ask the author of the amendment some questions?

REP. LARRY TAYLOR: The lady yields for one question. REPRESENTATIVE LINDA HARPER-BROWN: Thank you Mr. Speaker, I yield for a question.

REPRESENTATIVE RAFAEL ANCHIA: Okay. What is the -- I couldn't hear what was going on at the front Mike so could you just discuss what your amendment does. REPRESENTATIVE LINDA HARPER-BROWN: Yes, Representative Anchia. This is the section of the code or the section of the bill that you discussed earlier that talks about how someone could actually go in and vote without showing an ID at all if they sign an affidavit saying that they have a problem due to the religious objection or the indigent. And so, it takes those provisions out and says you can vote provisional and then you have the six days to bring the photo ID in to prove that you -- that you can vote.

REPRESENTATIVE RAFAEL ANCHIA: Okay. So it just removes the indigent exception and the religious objection. Those exceptions are out. REPRESENTATIVE LINDA HARPER-BROWN: That's it.

REPRESENTATIVE RAFAEL ANCHIA: And what you have to do after six days is come in and cure only with the photo ID. REPRESENTATIVE LINDA HARPER-BROWN: Within the six days.

REPRESENTATIVE RAFAEL ANCHIA: Within the six day cure period. REPRESENTATIVE LINDA HARPER-BROWN: Right.

REPRESENTATIVE RAFAEL ANCHIA: Okay. Thank you. REPRESENTATIVE LINDA HARPER-BROWN: Right. Thank you.

REP. LARRY TAYLOR: Representative Harper Brown sends up the amendment. Is the amendment acceptable to author? Is there any objection? Chair hears none -- there is an objection. Members Ms. Harper Brown sends up amendment and there's an objection. The question is on the amendment itself. Members vote aye or members vote no. Ms. Harper Brown is voting aye. Clerk will ring the bell. Mr. Villarreal voting no. Have all members voted? Show Mr. Rodriguez voting aye. All members voted? By a vote of 107 aye, 47 nays and two present not voting, the amendment is passed. The following amendment. Clerk read the amendment. Mr. Dutton.

CLERK: Amendment by Dutton.

REP. LARRY TAYLOR: Mr. Dutton. Following amendment. Clerk will read the amendment.

CLERK: Amendment by Gonzalez of El Paso.

REP. LARRY TAYLOR: Chair recognizes Representative Gonzalez to explain her amendment.

REPRESENTATIVE NAOMI GONZALEZ: Members, this is the amendment that we heard earlier nothing further to report on that and I move passage on that and I believe it's acceptable to the author.

REP. LARRY TAYLOR: Representative Gonzalez sends up the amendment. Is it acceptable to the author? It is acceptable to the author. Is there any objection? Chair hears none. Amendment is adopted. The following amendment. The clerk will read the amendment.

CLERK: Amendment by Dutton.

REP. LARRY TAYLOR: Chair recognizes Representative Dutton to explain his amendment.

REP. HAROLD V. DUTTON JR.: In keeping with their motions to table, I move passage. Mr. Speaker, members, this amendment simply -- in the bill it says for 60 and under this card is going to cost you $15 this will change it to 10 in light of our budget situation and everybody elses budget situation.

REP. LARRY TAYLOR: Chair recognizes Representative Harless to speak against the amendment.

REP. PATRICIA HARLESS: Thank you Mr. Speaker, members. This is not the proper venue for this debate on this issue. This should be debated in a transportation related bill. This cost is not related to the free ID for voting purposes and I ask that you table the amendment.

REP. LARRY TAYLOR: Representative Dutton sends up the amendment. Chair recognizes Representative Dutton to close.

REP. HAROLD V. DUTTON JR.: Mr. Speaker and members, in light of the fact that the -- these are financially difficult times I thought it ought to be also reflected in the cost of obtaining this card, that it's not $15. All this does is changes it to $10. I don't think that's too much to ask, so, in light of all the budget consideration that we in this House have had to make and that people back home are having to make I thought it was just appropriate to change it to $10 rather than 15. And so with that I ask you to vote no on the motion to table.

REP. LARRY TAYLOR: Mr. Dutton sends up an amendment. Ms. Harless moves to table. Questions on the motion to table. Members vote aye, members vote no. Show Representative Harless voting aye, Mr. Dutton voting no. Clerk will ring the bell. Have all members voted? By vote of 99 ayes, 47 nays and two present not voting motion to table prevails. The following amendment. The clerk will read the amendment.

CLERK: Amendment by Dukes.

REP. LARRY TAYLOR: Chair recognizes Representative Dukes to explain her amendment. Representative Dukes. Following amendment. Clerk will read the amendment -- nope, hold on. Chair recognizes Representative Dukes to explain her amendment.

REPRESENTATIVE DAWNNA DUKES: Mr. Speaker, members, the author of this bill has repeatedly stated that the purpose is not to require anyone to have to go and buy a new ID. The DPS will issue an ID if you go in and request it for the purpose of voting. So what this amendment does is it ensures that DPS would not be able to charge for the ID by changing the permissive language of may not to shall not charge for the ID. Repeatedly the author has stated that this bill was not about requiring the purchase of a new ID and language in the bill has stated that one would not be charged for an ID if they went in and stated for these purposes. Therefore, if permissive language is in the law a year from now, some months from now DPS can decide well, it doesn't completely preclude us from charging so we therefore can charge.

REP. LARRY TAYLOR: Ms. Truitt for what purpose?

REPRESENTATIVE VICKI TRUITT: Will the gentle lady yield?

REP. LARRY TAYLOR: Ms. Dukes, do you yield?

REPRESENTATIVE DAWNNA DUKES: Yes, I yield.

REP. LARRY TAYLOR: She yields.

REPRESENTATIVE VICKI TRUITT: Ms. Dukes, what if they weren't going to use it for voting?

REPRESENTATIVE DAWNNA DUKES: Pardon.

REPRESENTATIVE VICKI TRUITT: What if they weren't going to use it for voting purposes?

REPRESENTATIVE DAWNNA DUKES: What if they only want to use it for voting purposes.

REPRESENTATIVE VICKI TRUITT: No. If they are not going to use it for voting purposes they just -- it's just an ID but they may not be using it for voting purposes. So how would they --

REPRESENTATIVE DAWNNA DUKES: That's a different subject. The bill already has language in it that the agency cannot charge them if they state it is for the purpose. So the area in the bill that I'm changing is specific to the ID for the use of voting. That they shall not be able to be charged for that.

REPRESENTATIVE VICKI TRUITT: Oh, okay. You're converting a may to a shall.

REPRESENTATIVE DAWNNA DUKES: Correct. It's a wonderful amendment and it's acceptable to the author.

REP. LARRY TAYLOR: The amendment is acceptable to author. Is there any objection? The chair hears none. The motion of the amendment is adopted. Following amendment. The clerk will read the amendment.

CLERK: Amendment by Dutton.

REP. LARRY TAYLOR: Chair recognizes Representative Dutton to explain his amendment.

REP. HAROLD V. DUTTON JR.: Mr. Speaker and members, there is, at least in my mind, some confusion about the previous amendment. I think what it does though is prohibits them from charging a fee for a personal identification certificate for a person who says they want to use that to vote; is that right? Is that right? It's my understanding that that's already in the bill. So, I'm going to withdraw my amendment.

REP. LARRY TAYLOR: Amendment is withdrawn. Following amendment. Clerk will read the amendment. Mr. Raymond.

CLERK: Amendment by Raymond.

REP. LARRY TAYLOR: Chair recognizes Representative Raymond to explain his amendment.

REPRESENTATIVE PENA RAYMOND: Thank you, Mr. Speaker, members. Members, this amendment simply states that the Section 31.012, the Voter Identification Education portion of the bill which is on page 3 would -- that the Section 203 and 14F4 of the Voting Rights Act would apply to this section. Move adoption.

REP. LARRY TAYLOR: Chair recognizes Representative Harless to speak against the amendment.

REP. PATRICIA HARLESS: Mr. Speaker, members, Voting Rights Act either does or does not apply to various sections of this bill. This is for the Supreme Court to determine and not the Texas legislature. I move to table.

REPRESENTATIVE PENA RAYMOND: Mr. Speaker.

REP. LARRY TAYLOR: Mr. Raymond, for what purpose?

REPRESENTATIVE PENA RAYMOND: Does the lady yield?

REP. PATRICIA HARLESS: I yield.

REP. LARRY TAYLOR: She yields.

REPRESENTATIVE PENA RAYMOND: Ms. Harless, do you believe Voting Rights Act.

REP. PATRICIA HARLESS: I'm sorry.

REPRESENTATIVE PENA RAYMOND: Do you believe the Voting Rights Act is a good law.

REP. PATRICIA HARLESS: I do.

REPRESENTATIVE PENA RAYMOND: So you believe that there's still discrimination in the voting place?

REP. PATRICIA HARLESS: I'm sorry.

REPRESENTATIVE PENA RAYMOND: So you believe there's still discrimination in the voting place?

REP. PATRICIA HARLESS: No, I do not.

REPRESENTATIVE PENA RAYMOND: Then why do you think that the Voting Rights Act is a good law?

REP. PATRICIA HARLESS: I think at the time when it was passed it was very effective. If Texas is a Section 5 state its going to have to go for preclearance either before the Department of Justice or three Federal judges in the District of Columbia. They will decide if we have met the standards of the Voting Rights act. This is not the venue for us to decide. We got the lines that they have drawn in the cases that we've already seen. We know that. We know what the standards they've set. We complied with that in our bill. This is not the venue to have this.

REPRESENTATIVE PENA RAYMOND: Are you telling me that you believe we don't need to have the Voting Rights Act anymore.

REP. PATRICIA HARLESS: You're putting words into my mouth.

REPRESENTATIVE PENA RAYMOND: I'm asking.

REP. PATRICIA HARLESS: You're putting words into my mouth --

REPRESENTATIVE PENA RAYMOND: Do you believe that we still need the Voting Rights Act.

REP. PATRICIA HARLESS: I don't think this is the place to debate that.

REPRESENTATIVE PENA RAYMOND: Yes, ma'am it is entirely the place to debate that. Would you agree that this is a piece of legislation of voting in the State of Texas.

REP. PATRICIA HARLESS: I do. And you do not believe that this Voting Rights Act should be discussed in this context.

REP. PATRICIA HARLESS: We have discussed it.

REPRESENTATIVE PENA RAYMOND: Okay. Then let's continue to discuss it for a minute. Do you believe the Voting Rights Act is still necessary?

REP. PATRICIA HARLESS: I believe we're still under the regulations of the Voting Rights Act.

REPRESENTATIVE PENA RAYMOND: I'm asking because you are the author of this bill. I think this is very important for people to understand your intent. Do you believe the Voting Rights Act is still necessary?

REP. PATRICIA HARLESS: As I've said before this is a Federal -- this is a Federal issue to be decided by Federal courts. This isn't for us in the Texas legislature to discuss right now.

REPRESENTATIVE PENA RAYMOND: Ma'am, you are dealing with legislation here -- you are proposing a bill that would effect every single vote in the state of Texas including minorities. You would agree with that right?

REP. PATRICIA HARLESS: Say that one more time.

REPRESENTATIVE PENA RAYMOND: You are presenting a bill that would effect the voting rights of every voter in the State of Texas including minorities; do you agree with that?

REP. PATRICIA HARLESS: I do not agree with that. I think --

REPRESENTATIVE PENA RAYMOND: Really you don't think your bill applies to minorities.

REP. PATRICIA HARLESS: I think we increase access to the polls by putting some checks and balances that voters actually show ID that they are who they are when they show up vote.

REPRESENTATIVE PENA RAYMOND: Does your bill -- I have a very simple question. Does your bill apply to minorities in the State of Texas.

REP. PATRICIA HARLESS: My bill applies to everyone equally across the State.

REPRESENTATIVE PENA RAYMOND: Including minorities; is that right?

REP. PATRICIA HARLESS: Everyone.

REPRESENTATIVE PENA RAYMOND: Including minorities.

REP. PATRICIA HARLESS: All Texans.

REPRESENTATIVE PENA RAYMOND: Including minorities.

REP. PATRICIA HARLESS: All Texans.

REPRESENTATIVE PENA RAYMOND: Including minorities.

REP. PATRICIA HARLESS: All Texans.

REPRESENTATIVE PENA RAYMOND: You won't even acknowledge whether or not your bill effects minorities.

REP. PATRICIA HARLESS: I said it applies to all Texans.

REPRESENTATIVE PENA RAYMOND: Including minorities, right?

REP. PATRICIA HARLESS: All Texans. Every voter in Texas.

REPRESENTATIVE PENA RAYMOND: Minorities are Texans, right?

REP. PATRICIA HARLESS: Do you want to go back and forth all day? I've answered your question.

REPRESENTATIVE PENA RAYMOND: Answer my question, ma'am.

REP. PATRICIA HARLESS: Yes, it applies to all Texans.

REPRESENTATIVE PENA RAYMOND: With all due respect I feel like you are being flippant about something that is very important to millions of Texans.

REP. PATRICIA HARLESS: I absolutely don't mean to be flippant if I'm coming across that way I apologize.

REPRESENTATIVE PENA RAYMOND: It's a very simple question.

REP. PATRICIA HARLESS: And I gave you a very simple answer.

REPRESENTATIVE PENA RAYMOND: It applies to all Texans. I will ask you one more time. Does your bill apply to minorities --

REPRESENTATIVE LARRY TAYLOR: A point of order that this gentleman's time has expired and the point of order is well taken and sustained. Chair recognizes Representative Raymond to close on his amendment. Mr. Raymond moves that the exchange between himself and Ms. Harless be reduced to writing and put into the journal. Is there any objection? Chair hears none. So ordered. Chair recognizes Mr. Raymond to close.

REPRESENTATIVE PENA RAYMOND: Mr. Speaker, members. It is troubling to say the least that the author of this bill was not willing to acknowledge that this legislation will effect minority voters in the State of Texas. It is troubling to say the least it is doubly troubling that she is not willing to accept this simple amendment which I know many of my Republican friends here would, I believe, accept if they gave it any thought that says this will comply with the Voting Rights Act that the section I specifically referred to here, the voter identification education would comply with Section 2 which is a language section of the Voting Rights Act. It is disappointing that Ms. Harless would not accept the amendment. It is even more disappointing that she was not even willing to acknowledge that her legislation will effect minorities all over the State of Texas. I move -- I ask that you vote no.

REP. LARRY TAYLOR: Mr. Veasey, for what purpose?

REP. MARC VEASEY: Would the gentleman yield for a question?

REP. LARRY TAYLOR: Do you yield for a question?

REP. MARC VEASEY: Representative Raymond, why don't you think Representative Harless would answer your question directly. It was a very important question dealing with the Voting Rights Act. We know that we are a Section 5 state. I would -- I hope that she knows that we are a Section 5 state since she's carrying this bill. And could you maybe elaborate on why she did not want to answer your questions directly.

REPRESENTATIVE PENA RAYMOND: You know it's hard to read someone elses mind but I will tell you that in 2006 I'm not sure every member in here knows this but a man named George W. Bush signed into law the extension of the Voting Rights Act for 25 years and he said, although we've come a long a way there's still a long ways to go. And for the author of this bill not to acknowledge what a President from this state was willing to acknowledge a mere five years ago and that is that the Voting Rights Act is still necessary. And that her bill would effect millions of Texans who are minorities and who are protected by Section 2 of the Voting Rights Act is troubling. I don't know what else to tell you but I think it certainly should give people pause to think about what's going on here.

REP. MARC VEASEY: If you're the author of a bill like this that's going to drastically change election law in your state don't you think you should have a good understanding of the Voting Rights Act and the history of the act and why it was passed before you embark on a piece of legislation that can have the type of consequences I believe that this piece of legislation will have.

REPRESENTATIVE PENA RAYMOND: I would expect that in the year 2011. You know you just heard the exchange it was surprising and troubling to me that the author of this bill was not willing to acknowledge the importance of the Voting Rights Act and the fact that her bill would effect millions of Texans who are protected by it.

REP. MARC VEASEY: You have a good amendment and because of all the good amendments that have been turndown tonight we can see exactly where this bill is headed. Thank you, Representative Raymond.

REPRESENTATIVE PENA RAYMOND: Thank you.

REPRESENTATIVE LEO BERMAN: Mr. Speaker.

REP. LARRY TAYLOR: Mr. Berman, for what purpose?

REPRESENTATIVE LEO BERMAN: Would the gentleman yield?

REPRESENTATIVE PENA RAYMOND: Yes.

REP. LARRY TAYLOR: The gentleman yields.

REPRESENTATIVE LEO BERMAN: Richard you are a good guy and Richard are you a minority?

REPRESENTATIVE PENA RAYMOND: I am.

REPRESENTATIVE LEO BERMAN: Is Mr. Veasey a minority.

REPRESENTATIVE PENA RAYMOND: Yes, sir.

REPRESENTATIVE LEO BERMAN: Are you both Texans.

REPRESENTATIVE PENA RAYMOND: Yes, sir, we are.

REPRESENTATIVE LEO BERMAN: Ms. Harless answered the question then. And she said all Texans.

REPRESENTATIVE PENA RAYMOND: You know, Leo, and I'm glad you called me Richard because I like for us to talk to each other in the first.

REPRESENTATIVE LEO BERMAN: I like you, that's right.

REPRESENTATIVE PENA RAYMOND: You were listening to it, Leo, and you've been around 75 years as you've just mentioned. She specifically would not answer when I ask a simple question are minorities -- you know, will this effect minorities? Will your bill effect minorities. In other words, I'm a minority does this include me? Am I going to need a voter ID to go vote, right?

REPRESENTATIVE LEO BERMAN: But we're all Texans.

REPRESENTATIVE PENA RAYMOND: But you listen to it. But tell me does this effect minorities? It effects all Texans? Does it effect minorities? She wouldn't say it.

REPRESENTATIVE LEO BERMAN: I think you hit her too hard.

REPRESENTATIVE PENA RAYMOND: Leo I know.

REPRESENTATIVE LEO BERMAN: I know you're a minority.

REPRESENTATIVE PENA RAYMOND: She's not a shrinking violet. She's a tough lady.

REPRESENTATIVE LEO BERMAN: But she said all Texans and all Texans include every minority.

REPRESENTATIVE PENA RAYMOND: Leo, do you think --

REPRESENTATIVE LEO BERMAN: Of course they do.

REPRESENTATIVE PENA RAYMOND: Let me ask you Leo do you believe this law will apply to minorities in the state of Texas?

REPRESENTATIVE LEO BERMAN: Yes, I do.

REPRESENTATIVE PENA RAYMOND: So, you were willing to answer it.

REPRESENTATIVE LEO BERMAN: She didn't have to --

REP. LARRY TAYLOR: The point of order is that the gentleman's time is expired. The point of order is well taken and sustained.

REPRESENTATIVE PENA RAYMOND: I'd like to move to make the exchange between Ms. Harless and myself and Mr. Berman and Mr. Veasey and myself into writing and into the journal.

REP. LARRY TAYLOR: Members you've heard the motion. Is there any objection? Chair hears none. So ordered. Representative Raymond sends up amendment. Representative Harless moves to table. The vote is on the motion to table. Members vote aye, members vote no. Show Representative Harless voting aye, Representative Raymond voting no. Clerk ring the bell. Representative Gonzalez voting aye, Representative Carter voting aye, Representative Chen Button voting aye, Show Representative Branch voting aye. Have all members voted? By voting 99 aye, 48 nays and two not present to vote the motion to table prevails. Following amendment --

CLERK: Amendment by Raymond.

JOE STRAUS: Chair recognizes Representative Raymond.

REPRESENTATIVE PENA RAYMOND: Okay. Members, since Ms. Harless would not accept an amendment to this bill saying that this bill would comply with the Voting Rights Act, Section 5. Then I'm now offering an amendment that says it would apply to Section 2 which is the language section of the Voting Rights Act. Since we're a language minority state. Move adoption.

JOE STRAUS: Chair recognizes Mr. Phillips in opposition.

REP. LARRY PHILLIPS: Thank you, Mr. Speaker. To I would speak in opposition to this amendment again we're getting far from what the Texas legislature needs to be doing and I would move to table.

REPRESENTATIVE PENA RAYMOND: Mr. Speaker.

REP. LARRY TAYLOR: Mr. Raymond, for what purpose?

REPRESENTATIVE PENA RAYMOND: Would the gentleman yield?

JOE STRAUS: Would you yield?

REP. LARRY PHILLIPS: Briefly it's been a busy night.

REPRESENTATIVE PENA RAYMOND: Very simply I guess I want to ask you, do you -- do you believe that this bill should comply with the Voting Rights Act.

REP. LARRY PHILLIPS: I believe we need to follow the law and make sure we comply with every constitutional requirement that is imposed on us as a body. Now what you're -- this is a specific section and portion of the Voting Rights Act. I don't know if those sections apply to this that will be up to ultimately the Supreme Court to determine. And that's who we need to let determine. I don't think we need to be trying to second guess what they do mean and don't mean and whether all of these provisions apply.

REPRESENTATIVE PENA RAYMOND: Well, let me ask as I see I troubling pattern here.

REP. LARRY PHILLIPS: I can't hear you.

REPRESENTATIVE PENA RAYMOND: Let me ask. I see a troubling pattern. Simple question do you believe that the Voting Rights Act is a good law?

REP. LARRY PHILLIPS: That is not a question before this. There are issues of whether all of the Voting Rights Act are necessary at this time. There are parts of it that are important and have been important to transform elections in this nation.

REPRESENTATIVE PENA RAYMOND: So you believe -- so you don't believe that this Voting Rights act is necessarily necessary.

REP. LARRY PHILLIPS: I'm not going to get into --

REPRESENTATIVE PENA RAYMOND: No. No. Let me ask my question.

REP. LARRY PHILLIPS: -- No, no. Let me answer.

REPRESENTATIVE PENA RAYMOND: Let me ask a question. You're a smart guy.

REP. LARRY PHILLIPS: You ask a question and then you answer question then you ask a question you won't let me answer.

REPRESENTATIVE PENA RAYMOND: Okay. I didn't ask it clearly, I think. Do you believe -- do you believe if -- Mr. Phillips.

REP. LARRY PHILLIPS: Go ahead I'm waiting for your question.

REPRESENTATIVE PENA RAYMOND: Let me ask this you recognize that Texas is a protected -- do you know or do you recognize that Texas is a protected state under the Voting Rights Act just yes or no.

REP. LARRY PHILLIPS: Yes, I do. The Federal government under George Bush -- they voted to extend the Voting Rights Act for 25 years. Yes, they did.

REPRESENTATIVE PENA RAYMOND: Okay. So you recognize that we're covered by that.

REP. LARRY PHILLIPS: And that's the whole point. If we're covered by that we're covered by that and we don't need to say oh, we -- you're trying to impose something on this bill from a Federal perspective. We either are or we aren't.

REPRESENTATIVE PENA RAYMOND: Exactly all I'm saying with this amendment -- all I'm say with this amendment and this is why I'm baffled ed as to why you would move to table it is that if we don't comply with the Voting Rights Act it should not become a law. Is it your position that if it does not comply with the Voting Rights Act it should still become a law?

REP. LARRY PHILLIPS: You're bringing sections in and say that this has to apply to every provision that's not what --

REPRESENTATIVE PENA RAYMOND: No. No.

REP. LARRY PHILLIPS: -- that's not what we need to do. We need to leave that for the Federal government -- I mean for the courts to decide whether we comply.

REPRESENTATIVE PENA RAYMOND: No, sir.

REP. LARRY PHILLIPS: Because the lawyers have worked through the draft and we do not want anything that's going to violate anything and that's what we're going to do.

REPRESENTATIVE PENA RAYMOND: This very specifically says it's not accurate, Larry, this amendment very specifically applies to one section of the bill.

REP. LARRY PHILLIPS: Right. Right.

REPRESENTATIVE PENA RAYMOND: The voter identification education section, that's all.

REP. LARRY PHILLIPS: Okay.

REPRESENTATIVE PENA RAYMOND: If you look at the amendment.

REP. LARRY PHILLIPS: You're asking to include right -- you're asking to include and say this section of Federal law applies to what we're doing. That's part of -- I don't know -- from our perspective I don't know that if we need to be here saying well, gosh, we want everything to apply to everything that we do. If its covered by it, its covered by it, Mr. Raymond, we don't need to include it.

REPRESENTATIVE PENA RAYMOND: Sure we do. Well, I want to make sure I'm hearing you right. Surely you would want us to comply with Federal voting rights laws.

REP. LARRY PHILLIPS: Mr. Raymond that's exactly the point we have been making.

REPRESENTATIVE PENA RAYMOND: You do want us to comply with that. So that I'm clear. You do want this -- you do want this.

REP. LARRY PHILLIPS: No we want to comply with Federal law.

REPRESENTATIVE PENA RAYMOND: Okay. So you don't want to.

REP. LARRY PHILLIPS: And that's exactly the purpose of what we're doing here today and trying to comply with Federal law and trying to keep this bill simple and the whole procedure simple. And instead of adding stuff to it that may trigger a section that does or does not apply. I don't see the problem.

REPRESENTATIVE PENA RAYMOND: Again are you saying that you want Senate Bill 14, the section that I -- the voter identification education section, do you want it to comply with Federal Voting Rights Laws.

REP. LARRY PHILLIPS: I want this to comply with Federal laws. And if the Voting Right Laws that are in effect apply to this and they are constitutional the Supreme Court will uphold it and if they don't they won't.

REPRESENTATIVE PENA RAYMOND: Well, my amendment tells you.

REP. LARRY PHILLIPS: No. Your amendment says this has to apply here and that's something we're saying we're not going to start doing. We could go through entire constitution of the United States to apply to in law. It either does or it doesn't. We don't need to do that as a state.

REPRESENTATIVE PENA RAYMOND: We are talking about the voters --

REP. LARRY PHILLIPS: The Federal government passes the laws that they do and we're either going to follow those laws or we're not. We either have to or we don't and that's part of the debate that's going on across this nation of what we do and we don't want to incorporate Federal laws. We're trying to stop federal laws that we don't agree with.

REPRESENTATIVE PENA RAYMOND: So you believe that -- so I'm clear. You believe that this section, which deals with language. Voter identification and education and the words language are used in that section of the bill. You believe that they may not need to comply with the Voting Rights Act; is that correct?

REP. LARRY PHILLIPS: They either do or they don't.

REPRESENTATIVE PENA RAYMOND: And if they don't then it should not --

REP. LARRY PHILLIPS: Then you're starting to put a requirement or hurdle that may or may not need to be there.

REPRESENTATIVE PENA RAYMOND: Larry, how could you honestly look at me and say we're talking about -- let me finish my question. How could you honestly look at me and say we have a major piece of legislation here -- how could you look at me and honestly say we have major piece of legislation here and the section of the bill that deals with the voter identification education and uses the words "language" because obviously in the State of Texas there are people like my grandmother who didn't speak English but was a United States citizen her whole life that that would not be covered and should not be covered by the Voting Rights Act, how can you honestly say that, Larry.

JOE STRAUS: Representative Aliseda raised a point of order. Gentleman's time has expired. Point of order is well taken and sustained.

REP. ALLEN FLETCHER: Mr. Anchia, the brilliant amendment is temporarily withdrawn. The following amendment. The clerk will read the amendment.

CLERK: Amendment by Walle.

REP. ALLEN FLETCHER: Chair recognizes Representative Walle.

REPRESENTATIVE ARMANDO WALLE: Thank you, members. This amendment would allow county commissioner court to authorize county elections clerks to include a photo, a photo on a voter registrations card or to create a voter ID card. This amendment is about respect and local control. This is a common sense solution that places control of the election process directly in the hands of our counties. We trust that the counties -- we trust the counties to carry out the election process so we trust them to make the most appropriate decision about whether they would like to include a photo on a voter registration certificate or create a new voter ID card with a photo on it. If this debate is really about voters -- voters presenting a document along with their voter registration card then I think this amendment offers a simple and straightforward solution.

REP. ALLEN FLETCHER: Mr. Phillips will speak against the amendment.

REP. LARRY PHILLIPS: Thank you, Mr. Speaker, members. Again what we want is uniformity. This would allow that each county would provide their own ID. It's just a responsibility to the county. Again we don't have uniformity and I would respectfully move to table.

REP. ALLEN FLETCHER: Chair recognizes Representative Walle to close.

REPRESENTATIVE ARMANDO WALLE: Thank you, Mr. Speaker. Again this is about respecting local control and just adding a simple photo on your voter registration card would actually take care a lot of this stuff and I move to accept this amendment.

REP. ALLEN FLETCHER: Representative Walle sends up an amendment. Representative Phillips moves to table. Questions on the motion to table, members. Clerk will ring the bell. Vote aye or vote nay. Show Mr. Phillips voting aye. Mr. Walle voting nay. Mr. Dutton voting no. Showing Mr. Martinez voting nay. Have all members voted? All members voted? There being 95 ayes, 52 nays motion to table prevails. Mr. Rodriguez or Mr. Veasey on the floor.

CLERK: Amendment by Rodriguez.

REP. ALLEN FLETCHER: The chair recognizes Representative Rodriguez.

REP. EDDIE RODRIGUEZ: Thank you, Mr. Speaker, members. This amendment permits same day registration at polling places. There has been a lot of talk today about how this bill in a way completely makes the need for voter registration redundant. I'm not saying we should get rid of our voter registration process but it seems to me and seems from the discussion today that this bill is about photo identification. My amendment would still require photo ID. It would simply allow voters to register to vote on the same day provided that they could provide -- also provide an acceptable form of photo ID. And an acceptable form of photo ID is exactly what's in this bill now, driver's license, a Texas ID, passport, et cetera. According to the George Mason University these U.S. election project, Texas ranked 50th, worse in voter turnout in the last election. I believe my amendment would curtail this voter turnout problem. Currently there are 12 states that have a form of election day registration including Idaho, Iowa, Maine, Minnesota, Wyoming, North Dakota and others. Allowing for election day registration has drastically improved voter turnout in these states. As an example in Minnesota 15.6 percent of voters increased since same day registration and Wisconsin above 10 percent. Members, this is about voter participation. This does not do away with the voter ID process. This is a complement to that. If you have the requisite voter ID that's in this bill then you register right then and there that day at the polling place. I move adoption, members.

REP. ALLEN FLETCHER: Mr. Phillips speaks against the motion.

REP. LARRY PHILLIPS: Thank you, Mr. Chairman -- I mean, Mr. Speaker, members. I would respectfully move to table this bill -- I mean this amendment this bill is a voter ID bill. It's not about a same day registration that debate can be had and Elections committee can go through that process. This bill is about voter ID. You know, it's amazing Georgia which has one of the toughest voter ID as they say or photo ID had the largest voter turn out in the 2008 November election in history after they had passed that. In Indiana including -- the turnout for the democratic voter was the largest increase in democratic turnout of any state in the country. Voter ID brings confidence. This bill is about voter ID it's not about same day registration. This will drive more people to come to vote. I would move to table.

REP. ALLEN FLETCHER: Mr. Veasey, for what purpose?

REP. MARC VEASEY: Mr. Phillips Sherman yield, please.

REP. ALLEN FLETCHER: Mr. Phillips will you yield, please.

REP. LARRY PHILLIPS: Briefly. I'll just answer a few questions but we've got a lot of amendments to go through.

REP. MARC VEASEY: I hope due to importance of this bill you would answer as many questions as I would need you to --

REP. LARRY PHILLIPS: I would only answer a few questions if they're specific to bill. That would be great.

REP. MARC VEASEY: I only have a few. Actually mine is specific to the amendment and I was looking and I was trying to find out who does same day voter registration and I found out that Idaho, Minnesota, New Hampshire, North Dakota, Wisconsin, and Wyoming all offer same day voter registration. Now why aren't the red states of Idaho and North Dakota and Wyoming moving to get rid of their same day voter registration.

REP. LARRY PHILLIPS: Mr. Veasey, that's really not relevant to this bill.

REP. MARC VEASEY: No, it is.

REP. LARRY PHILLIPS: This is a voter ID bill not --

REP. MARC VEASEY: But it is.

REP. LARRY PHILLIPS: This is a voter ID bill.

REP. MARC VEASEY: Right.

REP. LARRY PHILLIPS: Not a same day registration bill.

REP. MARC VEASEY: But part of, you know, the reason why these states made voter registration easy was because they were trying to increase voter turnout. It was part the whole effort back in the mid 90's, you know, the whole motor voter deal to increase participation by our electorate and with that in mind --

REP. LARRY PHILLIPS: And that happened in the 90's and we haven't had that spread across the nation. So, again, this is a voter ID bill it's not about --

REP. MARC VEASEY: Representative Harless has said repeat I will that this bill is about increasing voter registration due to integrity at the polls.

REP. LARRY PHILLIPS: It's not increasing -- it's about increasing voter confidence.

REP. MARC VEASEY: Right.

REP. LARRY PHILLIPS: Which will turnout more voters and that's exactly right.

REP. MARC VEASEY: And that's what same day voter registration is about, turning out more voters. So you keep saying its irrelevant and you won't answer questions about same day voter registration.

REP. LARRY PHILLIPS: I've told you that is not relevant to this bill. This bill is about voter ID bill.

REP. MARC VEASEY: This is about voter turnout.

REP. LARRY PHILLIPS: This is not the place to -- voter registration. This is a voter ID bill. I would move to table.

REP. MARC VEASEY: The gentle lady has already said that this bill is about increasing confidence at the polls so more people will come out and vote.

REP. LARRY PHILLIPS: Okay. And that is not the registration process.

REP. MARC VEASEY: And you won't answer the question I wanted to ask you a few questions.

REP. LARRY PHILLIPS: I've answered your question, Mr. Veasey. I've answered it. That is not relevant to this bill.

REP. MARC VEASEY: Why will you not accept the amendment.

REP. LARRY PHILLIPS: I've told you this is a voter ID bill. This is not a voter registration bill. Put it through the committee process and get it debated and go through the floor and if it gets here we can debate that. This is a voter ID bill it's is not about trying to put everything else on the --

REP. MARC VEASEY: This is not a voter registration, so you don't intend to accept any amendments on voter registration related to this bill.

REP. LARRY PHILLIPS: I intend to keep the bill related to voter ID.

REP. MARC VEASEY: Thank you.

REP. ALLEN FLETCHER: Mr. Rodriguez to close.

REP. EDDIE RODRIGUEZ: Thank you, Mr. Speaker, members. You know this is -- this is a voter ID bill or whatever it supposed to be but for many of us the concern is that it's not just about voter ID. It has consequences whether it's intended or unintended consequences. And there's many of us here in this chamber that will believe that this will have a negative consequence on voter turnout. If the State of Texas is last in the country when it comes to voter turnout the last thing I think we want to do is pass this bill and have the consequences of actually reducing voter turnout. It has been shown in various states, 12 states to be exact, as Mr. Veasey pointed out as well, where the voter turnout dramatically increases when you have same day voter registration. I'm not saying that one wouldn't have to have certain identification, photo identification. I'm not taking that away at all. But if you have the same photo requirements that this bill calls for -- so this is again about voter ID -- about picture ID, photo ID, you can register to vote. I think if y'all -- if we all want to something about voter impersonation and all that kind of stuff that's one thing but we've also -- in doing that we don't want to reduce the possibility of people being able to vote. It's that simple. I think that this amendment will minimize any kind of disenfranchisement, will minimize the ability for people to not be able to vote if they so chose to. Members, I encourage your support on this amendment.

REP. ALLEN FLETCHER: Representative Veasey, for what purpose?

REP. MARC VEASEY: Will the gentleman yield?

REP. ALLEN FLETCHER: Will the gentleman yield?

REP. EDDIE RODRIGUEZ: I yield.

REP. MARC VEASEY: Mr. Rodriguez, the gentle lady from Houston has said repeatedly that by passing the voter ID bill that she's trying to pass now, the voter suppression bill, that's on the floor now, that it will actually increase voter turnout. Isn't that what she has said in her words because it will increase confidence? So I'm --

REP. EDDIE RODRIGUEZ: That has been the claim.

REP. MARC VEASEY: So why would Representative Phillips, in your opinion, not want to accept my -- not want to accept your amendment and answer any questions related to this particular amendment that you have?

REP. EDDIE RODRIGUEZ: I mean I can't speak for Chairman Phillips. You know, I can't really speak for him but I think it's really clear that what this amendment would do would in fact increase voter turnout. And it would still kind of stay true to the suggested intent, anyway, of having photo identification to make sure people who are voting are actually who they say they really are. So you're doing -- I'm not taking anything away from that. What I'm doing in addition to that -- I'm adding to that and making it so in we were actually going to try to promote voting, I think.

REP. MARC VEASEY: Were you aware that the States that have same day voter registration are Idaho, Minnesota, New Hampshire, North Dakota, Wisconsin and Wyoming.

REP. EDDIE RODRIGUEZ: Yeah, I'm -- I am aware of that.

REP. MARC VEASEY: Are you aware of that with exception of Minnesota in the Twin Cities area and Wisconsin in the Milwaukee area that those are the States that have very low diversity in their states. Are you familiar -- did you know that. That Idaho really doesn't have a lot of diversity in their state.

REP. EDDIE RODRIGUEZ: I didn't know that --

REP. MARC VEASEY: North Dakota doesn't have a lot of diversity in their state and neither does Wyoming. Did you know that those are all red states?

REP. EDDIE RODRIGUEZ: I'm not surprised by that.

REP. MARC VEASEY: That Idaho and North Dakota and Wyoming are all red states with very little diversity. Were you aware of that?

REP. EDDIE RODRIGUEZ: I'm becoming more aware of that, yes.

REP. MARC VEASEY: So is it and when I say red states you know we probably shouldn't speak in slang on the House floor so let me rephrase that and say republican states. Those -- those are states that tend to overwhelming vote for republicans and the State legislatures there are not pushing for a voter ID bill. Why would the State legislatures in Idaho and North Dakota and Wyoming the very homogenous states with not a lot of diversity -- why would they not be pushing a voter ID bill.

REP. EDDIE RODRIGUEZ: Well, I can only guess. I'm going to guess. And I'm guessing that they don't see it as a problem there.

REP. MARC VEASEY: Right.

REP. EDDIE RODRIGUEZ: Just as it probably in fact it's not a problem here.

REP. MARC VEASEY: Well, perhaps they don't see it as a problem because they don't have diversity. Because the one issue that we heard when this bill was being laid out was that there are people in these areas and those people in these particular communities are committing voter fraud and that they are cheating and that all this rampant voter impersonation is going on and that -- but they don't seem to be worried about it in these states maybe it's because we're trying to pass that bill here because -- that people are seeming to have these stereotypes about certain people voting in the State of Texas but -- and Idaho they would prefer to let people vote as freely as possible including the republicans there because the State is just a little more homogenous than the State of Texas. Representative Veasey, I think it's evident that there's much more diversity in the State of Texas obviously than you have in these other places.

REP. ALLEN FLETCHER: Representative Sheffield raises a point of order that the gentleman's time has expired. Thank you the point of order is well taken and sustained.

REP. EDDIE RODRIGUEZ: Mr. Speaker, I move adoption.

REP. ALLEN FLETCHER: Representative Rodriguez sends up an amendment. Mr. Phillips moves to table. Questions on the motion to table. Members vote aye. Vote no. The clerk will ring the bell. Mr. Phillips voting aye, Mr. Rodriguez voting no. Ms. Truitt voting aye. Have all members voted? All members voted. There being 96 ayes, 50 nays motion to table prevails. The following amendment. The clerk will read the amendment.

CLERK: Amendment by Gallego.

REP. ALLEN FLETCHER: Chair recognizes Representative Gallego.

REP. PETE P. GALLEGO: Thank you, Mr. Speaker and members. This problem is unique to some of the members of the House who represent more rural areas. As we talk about voter ID and we talk about just the opportunity to just go down to the driver's license office and get a driver's license. What we haven't take into consideration in this debate is that there are entire counties that don't have a DPS driver's license office. In fact, in the district that I represent there are four counties that don't have a driver's license office located in them. Many counties have only partial service from a DPS office. The counties I represent; for example, many of them will have a driver's license office that is open one day a week and if the employee because there's only one employee assigned to this office -- these offices. If the employee is sick then there is no office that week and there is no opportunity to get a driver's license or renew your driver's license or get an ID that week. Many counties have partial service. In these rural counties; for example, if you live in Van Horn, Texas which is the county seat of Culberson County and you need to get an ID because you don't have one that driver's license office is located in Alpine, Texas, the county seat of Brewster county. A one-way trip, a one-way trip to go get an ID is a hundred miles. From Sierra Blanca to El Paso is 88 miles one-way. Rock Springs to Del Rio is 76-miles one-way. Sanderson to Fort Stockton is 65-miles one-way and that's from county seat to neighboring county seat. We haven't even talked about what happens if you live in one of the outlying communities in the counties like *De Lingua or Lajitas or Redford or Pine Springs or Dell City in Culberson County. In the district that I represent there are 28,841 is people according to the census who live in counties with only partial DPS driver's license services. And there are about 7,000 people who live in counties that don't get any driver's license service at all. Ms. Harless will tell you that there are plans to open and expand DPS service in all of these counties but you and I all know that with the shape of our budget we're not going to be expanding state services any time in the future. Which means that for the foreseeable future these folks won't have a driver's license office. So, what happens if you're elderly. What happens if you don't have a good car. So you can't make a 120-mile round trip from Presidio to Marfa. Understand that for folks who live in these communities travel can be a hardship. The nearest Wal-Mart from Presidio is in *Masomenos is about 150-miles away. The nearest airport from Alpine is about two and a half to three hours away. That's the kind of isolation that you see. So that you understand, in the district that I represent that district is nearly 500 miles from one side of the district to the other. And what we're asking, this driving these long distances, that creates some significant hardships for folks. And that hardship makes people want to give up and unfortunately if they give up they give up something that's pretty fundamental and that's a right to vote. So what this amendment would do is very simple. The amendment would say that this act doesn't apply to those counties in which DPS doesn't have a full service driver's license. And the truth is this applies to very few counties out there and it applies to very few people out there. And the reason, frankly, we talked about the fact why DPS doesn't serve them and the hardship but we haven't talked about two other common sense things. If this is about fraud as an example then I will tell you that in those communities in Loving County for example we all know each other. In Presidio, *El Ray we all know each other. North of highway 90 as chairman Hildebrand indicates, in those small communities families have been there for generations and at this point many of us are related remit and we all know each other. And to have this requirement that if you loose your license, if you don't have a photo ID, if you have to renew your photo ID and you miss the day and you have to drive and drive and drive and drive that doesn't make very practical sense and so because this right is so fundamental, because this is an extreme hardship on a limited number of people and because the amendment only impacts a limited number of people and, frankly, because in those counties that are impacted the people are so few and so familiar with each other that there really isn't any allegations of the kind that we're talking about with respect to voter fraud. I would ask that you adopt this amendment that apples only to these counties that don't have a full service driver's license office.

REP. ALLEN FLETCHER: Mr. Hochberg for what purpose.

REPRESENTATIVE SCOTT HOCHBERG: Will the gentleman yield, please?

REP. ALLEN FLETCHER: Chairman yield.

REP. PETE P. GALLEGO: Absolutely.

REPRESENTATIVE SCOTT HOCHBERG: Thank you, Mr. Speaker. Thank you Mr. Gallego. Pete, I have visited your district and you've visited mine and what a lot of folks --

REP. PETE P. GALLEGO: I was always amazed, Mr. Hochberg, that you have a apartment complexes that are bigger than entire cities that I represent.

REPRESENTATIVE SCOTT HOCHBERG: It's true. And I think what people don't know is that you have the most sparsely populated district and I have the -- or you have the least -- you have the most sparsely and I have the most intently.

REP. PETE P. GALLEGO: You know, Mr. Hochberg, believe it or not the district that I represent is about 15 percent of the land area of Texas and as a result of the census data and redistricting that will grow to probably about to 20 percent of Texas. So, it's huge. It is, as you indicated, very sparsely populated and it is a hardship because these distances are very, very, very long.

REPRESENTATIVE SCOTT HOCHBERG: And so are you telling me --

REP. PETE P. GALLEGO: Mr. Hochberg, Representative Keffer wants me to tell you that he doesn't think you have any Dairy Queens in your district either.

REPRESENTATIVE SCOTT HOCHBERG: No, I don't have any current Dairy Queens. We do have -- I got a Sonic though. I do have a Sonic. So that's close. And we have no -- actually, Mr. Keffer, we have -- we don't have a Dairy Queen but we have a Schwarma King in my district. So you can come to Schwarma King anytime you like. But Mr. Gallego it sounds to me that you're telling me that without your amendment that folks in your district are going to be less likely to vote than they might be in my district, is that true?

REP. PETE P. GALLEGO: That's absolutely true. You know, the truth in terms of the demographics of the district that I represent --

JOE STRAUS: Representative Sheffield raises a point of order. The gentleman's time expired. Point of order is well taken and sustained. Chair recognizes Representative Harless in opposition.

REP. PATRICIA HARLESS: Mr. Speaker and members, as much as I would love to take an amendment from my fellow colleague that I love and respect this would create an inconsistent application across the counties. We had extensive testimony in both the senate and the thousand that talked about the -- the very, very, very small population that this might effect and they don't have those exact numbers but it would be inconsistent across the counties. Also the elderly as he stated would also have the opportunity to also continue to file a ballot by mail. So, I ask that you respectfully table this amendment.

JOE STRAUS: Chair recognizes Representative Gallego to close.

REP. PETE P. GALLEGO: Thank you Mr. Speaker, members. If you look at the demographics of these counties young folks are moving away and the population of many of these rural counties is getting older and older and older. And so it isn't as easy as just renewing a driver's license over the internet. It isn't as easy as driving down to the local DPS office. Again, for folks who are retired or for folks who don't have a good car, for folks who are elderly, this is a huge issue. In communities like Redford, in communities like Presidio, in communities like Pine Springs or even Sanderson -- and that's exactly right Chairman Hildebrand there's not that many people out there but this impacts them and so this amendment, again, impacts a very limited universe of people and because it impacts such a limited universe and because voting is such a fundamental right, and because as I've indicated we all know each other. We all know who we are when we show up Loving County; for example, has only a little over 80 residents in the entire county. They all know each other. Other counties and other communities have that in common with Loving. They're bigger but families have been there for generations. They have very deep roots in many cases they have intermarried and they have longstanding relationships. And so the challenges that happen in a Houston or a San Antonio or a Dallas or an Austin they don't happen in a; for example, a Valentine, Texas with a population of about the 200. They don't happen in a Dell City, Texas with a population of several hundred. They don't happen in Sanderson or De Lingua or Lajitas or Redford or a Presidio. I would ask members for some consideration for those counties that don't have a DPS office and they're not going to get a DPS because we're not expanding services. I would ask for some consideration for those elderly folks who don't have the opportunity to go down the street. Because this is a significant right that we're altering for them. It really is a huge, huge, huge, issue of access. So Ms. Harless has moved to table the amendment. I ask you to vote no on the motion to table. And Mr. Hochberg I am happy to yield.

JOE STRAUS: Mr. Hochberg, for what purpose?

REPRESENTATIVE SCOTT HOCHBERG: Will the gentleman yield?

JOE STRAUS: Does the gentleman yield? Gentleman yields.

REPRESENTATIVE SCOTT HOCHBERG: Thank you, Mr. Gallego I started to ask you before when we ran out of time if, in your opinion, this means that folks in your rural community are going to be less likely to vote than folks in my urban community and I think you started to answer, yes.

REP. PETE P. GALLEGO: Absolutely I think that is true. It is much more difficult to get a photo ID the way that this bill is drafted and so, what happens is that people will end up staying home. I think a vote of someone who lives in a rural area should be just as fundamental and just as important as someone who lives in an urban area. And so, that's why I ask for some consideration for these folks who are elderly. Just by the demographics as the rural areas get older and there's not that many of us who are rural left but we know that our population is getting older and so this seeks to have some reasonable accommodation for those rural areas. And I see Mr. Chisum behind you and Mr. Chisum can tell you that he represents some counties, too, that don't have driver's licenses offices and the person from DPS visits maybe once a week and if they're sick then nobody visits. And so, they'll go an entire month or so sometimes without having a visit from a driver's license.

REPRESENTATIVE SCOTT HOCHBERG: See and I'm going to have to think about whether or not to vote with you on this one because I would certainly like to increase any advantage that the urban areas have in terms of producing voter for a statewide elections. So, if you say your amendment is necessary to help maintain rural voter turnout I have to think about your amendment for awhile.

REP. PETE P. GALLEGO: Well, the truth is there is not enough people left in the rural area to offset -- which is why; for example, I have to represent 15 percent of the state by land and you have to represent how many square miles of Houston?

REPRESENTATIVE SCOTT HOCHBERG: I have 14 square miles, I have ten thousand people per square mile.

REP. PETE P. GALLEGO: 14,000 square mile -- no, how many square miles again, how many?

REPRESENTATIVE SCOTT HOCHBERG: Fourteen.

REP. PETE P. GALLEGO: Fourteen square miles.

REPRESENTATIVE SCOTT HOCHBERG: With ten thousand people per square mile.

REP. PETE P. GALLEGO: And I represent 38,000 square miles. 14 square miles verses 38,000 square miles. And that to me is the essence. We've drafted a one size fits all approach in this bill in this legislation and one size doesn't fit all. And so that's the challenge and that's the reasonable, the very reasonable accommodation that I see for those folks who live in rural areas that don't have access to that driver's license office on a regular basis. So --

REPRESENTATIVE SCOTT HOCHBERG: I thank you and I do think you have a great amendment Mr. Gallego.

REP. PETE P. GALLEGO: I appreciate that Mr. Hochberg and I would ask members that you-all -- that you vote no on the motion to table. And I appreciate the opportunity, Ms. Harless, thank you for the opportunity to have a conversation about the amendment.

JOE STRAUS: Representative Gallego sends up an amendment. Representative Harless moves to table. The vote is on the motion to table. Vote aye, vote no. Show Mr. Gallego voting no, showing representative Harless voting aye. Have all voted? Have all voted? Being a hundred ayes and 49 nays the motion to table prevails. Following amendment clerk will read the amendment.

CLERK: Amendment by Anchia.

JOE STRAUS: Chair recognizes Representative Anchia.

REPRESENTATIVE RAFAEL ANCHIA: Thank you Mr. Speaker and members. Representative Harless and I had a chance to visit when I temporarily pulled this down and I believe there's going to be some back mike questions, so, I yield.

JOE STRAUS: Representative Harless for what purpose?

REP. PATRICIA HARLESS: Will the member yield.

JOE STRAUS: Gentleman yield.

REPRESENTATIVE RAFAEL ANCHIA: I do.

REP. PATRICIA HARLESS: Representative Anchia, we discussed that this amendment is actually for the ID card for voting, correct?

REPRESENTATIVE RAFAEL ANCHIA: That is correct.

REP. PATRICIA HARLESS: And that ID is issued by the DPS free of charge.

REPRESENTATIVE RAFAEL ANCHIA: That is correct.

REP. PATRICIA HARLESS: And what you're amendment does it say that if for whatever reason they need to get a replacement or duplicate ID because they move and changed their address or they lost it. It would continue to be free.

REPRESENTATIVE RAFAEL ANCHIA: That is correct. That's correct. That's absolutely correct and the term of art is "duplicate ID" and that picks up people; for example, people who move or who change their name typically because of marriage or divorce that category of state ID for purposes of voting is called a duplicate it is neither new or renewal.

REP. PATRICIA HARLESS: So we had a conversation with DPS and they are going to give us a formal ruling on this so, I accept the amendment and if we need to have more conversation about it we can.

REPRESENTATIVE RAFAEL ANCHIA: Thank you for taking the amendment.

JOE STRAUS: Mr. Anchia sends up the amendment. The amendment is acceptable to the author. Is there any objection? Chair hears none. Amendment is adopted. Following amendment. The clerk will read the amendment.

CLERK: Amendment by Martinez.

JOE STRAUS: Chair recognizes representative Martinez. REP. ARMANDO "MANDO" MARTINEZ: Thank you, Mr. Speaker, members. This amendment requires that employees at the Department of Public Safety inform anyone applying for a state identification card or renewal that the state ID is free of charge if they intend do use it for voting purposes. So, pretty much all you're going to be doing is when an individual goes in and they're going to apply for a voter ID card or for an ID card or a driver's license people at the DPS office will be telling them that if it is used for voting purposes there is no charge for the ID and it is free of charge. So DPS employees already asked applicants if they wish to register to vote and a link is provided for those who renew online. So this amendment would fit neatly into the system and already in place for educating citizens about voting. And as DPS employees are interacting with a customer they should make sure that the person has the opportunity to receive a free ID if they need it to satisfy the requirements of a photo ID voting law.

JOE STRAUS: Chair recognizes Representative Harless in opposition.

REP. PATRICIA HARLESS: Members, Mr. Speaker. This amendment actually that provides for free ID cards for those who need it but this amendment will create an opportunity for people to get a free driver's license if they say they're going to use it to vote and I have to oppose the amendment.

JOE STRAUS: Chair recognizes representative Martinez. REP. ARMANDO "MANDO" MARTINEZ: Okay. Members, once again we are saying that a photo ID is free if you're going use it for voting but yet DPS can inform you that if you're using it for voting that it's free. So, if we're not going to be honest with the public and when they go in to renew their driver's license or get a photo ID card then what's the purpose of even having this bill. What we need to do is make sure that we educate this public so that when they do go in to renew their ID or they go in to renew their driver's license that they can get an ID for free if it's being used for voting purposes. No reason to mislead the public. We should tell them we should be honest and transparent and I ask you to vote no on motion to table.

JOE STRAUS: Mr. Martinez sends up an amendment. Representative Harless moves to table. This is on the motion to table. Vote aye, vote nay. Show representative Harless voting aye, showing Representative Martinez voting no. Have all voted? Have all voted? Being a hundred ayes, 45 nays, the motion to table prevails. The following amendment. The clerk will read the amendment.

CLERK: Amendment by Alonzo.

JOE STRAUS: Is there Alonzo on the floor of the House? The amendment is temporarily withdrawn. Is Mr. Dutton on the floor of the House? Is Mr. Bohac on the floor of the House? Following amendment. The clerk will read the amendment.

CLERK: Amendment by Bohac.

JOE STRAUS: Chair recognizes Representative Bohac. Following amendment. Clerk will read the amendment.

CLERK: Amendment by Bonnen.

JOE STRAUS: Chair recognizes Representative Bonnen.

REP. DENNIS BONNEN: Mr. Speaker, members, we've had a lot of different amendments and a lot of different discussions today so it's very important that this amendment come onto the bill. I know it's acceptable to the author. This is simply what's called a severability clause meaning that if any section of this bill is being challenged in the courts the rest goes on and becomes an active part of law. This is actually standard in most major bills that we pass. So I move passage.

JOE STRAUS: Representative Bonnen sends up an amendment. The amendment is acceptable to the author. Is there objection? Chair hears none. Amendment is adopted. Following amendment. The clerk will read the amendment.

CLERK: Amendment by Alonzo.

JOE STRAUS: Chair recognizes Representative Alonzo.

REPRESENTATIVE ROBERTO R. ALONZO: Thank you, Mr. Speaker, members, what this amendment does is similar to our Mr. Rodriguez. It allows for same day registration. What we want to do is or the intent allegedly is to encourage more participation and we heard that this type of legislation has been approved by Indiana and went to by the Supreme Court. But it approved as long as it provided a limited burden on voter rights that testifies the States interest in improving election procedures and deferring fraud. Well, what we want to try to do with this amendment is improve the election process. Improve election participation. What I'm saying with this amendment as we've heard before there's other examples of where you'll offer same day voter registration. I don't see a reason why we should wait 30 days we want people to vote they are eligible to vote on the day they should register to be allowed to vote. So with that Mr. Speaker and members I ask that we approve this legislation.

JOE STRAUS: Chair recognizes Representative Harless in opposition.

REP. PATRICIA HARLESS: Thank you members we've had this discussion. I'd ask you to move to table.

JOE STRAUS: Chair recognizes Representative Alonzo to close.

REPRESENTATIVE ROBERTO R. ALONZO: Thank you, Mr. Speaker, members. You know not only have we had this discussion now, today. We've had this discussion for sometime. And in the past we rejected we have not passed this legislation. Well, although people are said this legislation is going to pass, well, let's make it a little bit better. How can we make it a little bit better, by allowing the process to get better? How can the process get better? If we want people to vote, as we say, this legislation is going to allow for more people to vote. Let them vote the day they get registered. Let them vote. I say members -- let my people vote. I say let the people -- let Texans vote this is the slogan, members. You vote for this amendment you're saying let Texans vote. Let Texans vote. Remember let's all do it together. I'm kidding. But vote no on motion to table.

REPRESENTATIVE JOE STRAUS: The chair recognizes Representative Pitts and Representative Hunter.

REPRESENTATIVE TODD HUNTER: Mr. Speaker, members, I must have that pursuant to House Rule 3, Section 52 and House Rule 6, Section 16F, the House Committee on Calendars has proposed the following rule governing consideration of HB4, Section 1. All original amendments that will be offered during second reading consideration of the bill must be filed with the chief clerk by 10:00 a.m. on Monday, March 28th. Section 2, during second and third reading consideration of the bill any amendment that adds or increases an item of appropriation of the bill is not an order, unless the amendment contains an equal or greater reduction in one or more items of appropriation in the bill from the fund or funds against which the appropriation is to be certified. The provisions of this section do not apply to an amendment that makes an adjustment in an item of appropriations solely to correct the technical, clerical error.

REPRESENTATIVE PETE GALLEGO: Mr. Speaker.

REPRESENTATIVE JOE STRAUS: Mr. Gallego, for what purpose?

REPRESENTATIVE PETE GALLEGO: Will the gentlemen yield for a question?

REPRESENTATIVE JOE STRAUS: Gentlemen yield?

REPRESENTATIVE PETE GALLEGO: There are three bills with respect to the appropriations process that we're talking about. So, as I understand the rules, that you have just laid out, Mr. Hunter, those would apply to both 275 and 4.

REPRESENTATIVE TODD HUNTER: I haven't moved yet on 275 but I will be separately.

REPRESENTATIVE PETE GALLEGO: Okay. So, and it's essentially the same?

REPRESENTATIVE TODD HUNTER: Yes.

REPRESENTATIVE PETE GALLEGO: And so the 10:00 a.m. on Monday filing is 72 hours before the 10:00 a.m. of the morning of debate. So you backtrack 72 hours from that?

REPRESENTATIVE TODD HUNTER: Correct.

REPRESENTATIVE PETE GALLEGO: And that is a new -- that's one of the revisions to the rules which gives the author of the bill additional time; is that correct?

REPRESENTATIVE TODD HUNTER: It's the rules of the House.

REPRESENTATIVE PETE GALLEGO: Right. It's one of the newly revised rules that --

REPRESENTATIVE TODD HUNTER: Correct.

REPRESENTATIVE PETE GALLEGO: -- that was just so --

REPRESENTATIVE TODD HUNTER: Correct.

REPRESENTATIVE PETE GALLEGO: Time is added for those bills. And so, is it your intent then to do the rule on House Bill 1 tomorrow?

REPRESENTATIVE TODD HUNTER: Yes.

REPRESENTATIVE PETE GALLEGO: And it will have exactly the same rule --

REPRESENTATIVE TODD HUNTER: Yes.

REPRESENTATIVE PETE GALLEGO: That we're having. Okay. So will -- the process will be that we'll do 4 right now, that's your motion?

REPRESENTATIVE TODD HUNTER: Yes.

REPRESENTATIVE PETE GALLEGO: And then we'll do 275 and then we'll do 1 tomorrow?

REPRESENTATIVE TODD HUNTER: Yes.

REPRESENTATIVE PETE GALLEGO: So it's your intent for the rule tomorrow that House Bill 1 will have to file those amendments by Tuesday, everything else the amendments will have to be filed by 10:00 a.m. on Monday?

REPRESENTATIVE TODD HUNTER: Yes. Move adoption, Mr. Speaker.

REPRESENTATIVE JOE STRAUS: Members you have heard the motion. Is there objection?

REPRESENTATIVE JOE PICKETT: Mr. Speaker.

REPRESENTATIVE JOE STRAUS: For what purpose?

REPRESENTATIVE JOE PICKETT: I have a question on the rules and this pertains to Section 2. Mr. Hunter, during the second and third reading can -- of bill. Any amendment that adds or increases -- and I have an appropriations bill that's not in order unless the amendment contains an equal or greater reduction in one or more items of appropriations bill from funds or funds against from which appropriations be certified. Now, I understand that if I have an amendment that would place $5 million into a program that was near and dear to me, I would have to identify $5 million coming from some other source or program to take away from. I understand what that amendment means. There's been some issues in the past with amendments that identified dollars that may have not been appropriated or identified earlier in the process but those amendments have been ruled not germane because you're not taking away. And I don't know if I'm being clear enough. I know Mr. Pitts kind of understands some of this. Again, if there were dollars that were not accounted for, they weren't appropriated, so to speak, but if you found savings that were identified because a past bill that went into effect, the biennium revenue estimates didn't pick it up, would that amendment be ruled nongermane if you're not taking from somewhere else?

REPRESENTATIVE TODD HUNTER: Are you directing that to me or the parliamentarian?

REPRESENTATIVE PICKETT: Would you refer it directly to Mr. Pitts?

REPRESENTATIVE TODD HUNTER: Well, it probably is a parliamentary inquiry which would be to the parliamentarian but I believe it has to do with certified funds.

REPRESENTATIVE PICKETT: Mr. Speaker.

REPRESENTATIVE JOE STRAUS: Mr. Speaker, would you like Mr. Pitts to --

REPRESENTATIVE PICKETT: Yeah. Would you mind if you asked Mr. Pitts if he would -- if I could -- and I'll try to be a little bit clearer on the -- Mr. Pitts, for instance, we have lots of different bonds and indebtedness and some of the debt service is paid from different funds, from different sources and we all know that general revenue is very, very precious to the process and if there's other funds besides general revenue that could be used to pay for debt --

REPRESENTATIVE JOE STRAUS: Chair recognize the Representative Pitts.

REPRESENTATIVE JIM PITTS: Representative Pickett and I think you're really talking -- asking a question on House Bill 1.

REPRESENTATIVE PICKETT: Yes, sir.

REPRESENTATIVE JIM PITTS: And this is not, that is not what we're talking about today. We're talking about House Bill 4.

REPRESENTATIVE JOE PICKETT: But it has the same effect and what I want to get at again is I understand the one for one. If I ask for a dollar per program I have to show where the dollar comes from and reduce it. But what if I can identify a dollar without having to reduce. In the past, these type of amendments have been ruled nongermane because of this rule that says even if you find a dollar, you still have to take away a dollar when that's not really necessary and its been held kind of strict in the past.

REPRESENTATIVE JIM PITTS: Representative Pickett, and it's really talking about certification. If you're -- there's dollars that may be available that is being used for certification if you take that away and use it for a purpose, that cost the bill and, frankly, what we're going to have to do is we will have to get the parliamentarian and LBD to cost out bills and then determine whether there is a cost and if there is a cost, it will not be the calendar rule would be violated.

REPRESENTATIVE JOE PICKETT: But if you add money to the bill, I mean if there's actually an amendment that adds money to it, that increases the total revenue which is different from certification because as you present your bill or like bills, we've got money coming in, money going out, we got one number so that's why the rule, if I have an amendment that moves it around, it still has to be the same at the end of the day. But if an amendment creates additional revenue that was not in as filed, would this rule still apply even though it's an amount above what is certified, would it still be strictly held to this rule recall and would be found not germane if you don't still take away from somewhere else.

REPRESENTATIVE JIM PITTS: You know Representative Pickett I would think it would have to be on case by case basis and let LBB look at the amendment, to see if it really truly does not cost the bill and then the parliamentarian would have to rule on that.

REPRESENTATIVE JOE PICKETT: And I have a purpose for this, I wanted to bring up early --

REPRESENTATIVE JIM PITTS: I know you do.

REPRESENTATIVE JOE PICKETT: Because my experience has been in the past with any amendment like this, it's been automatically ruled nongermane and it was not taken case by case because of this rule. So by -- your statement I'm hoping that we bring some attention to it that some of the amendments that are looked at could actually create dollars above what is already in the bill or to be certified. Thank you.

REPRESENTATIVE JIM PITTS: Thank you.

REPRESENTATIVE JOE STRAUS: Mr. King, for what purpose?

REPRESENTATIVE PHIL KING: Can I ask Mr. Pitts one more question?

REPRESENTATIVE JOE STRAUS: Mr. Pitts, do you yield?

REPRESENTATIVE JIM PITTS: Yes.

REPRESENTATIVE PHIL KING: Just to make sure, as I understand it, there's nothing in this rule that wouldn't prevent us by the amendment process from increasing the cut from adding additional amendments to increase the cut.

REPRESENTATIVE JIM PITTS: On House Bill 4, I anticipate that there will be additional cuts offered as amendments.

REPRESENTATIVE PHIL KING: Thank you.

REPRESENTATIVE JOE STRAUS: Ms. Davis, for what purpose?

REPRESENTATIVE YVONNE DAVIS: Will the gentlemen Pitts yield for a question?

REPRESENTATIVE JIM PITTS: Yes, I will.

REPRESENTATIVE YVONNE DAVIS: Thank you, chairman. Let me ask a question relative to amendment. If we wanted to add or subtract from the bill, will we have to be able to determine if there's a fiscal note with that amendment.

REPRESENTATIVE JIM PITTS: Ms. Davis, the -- as I said to Representative Pickett, the LBV will look at the bill to see if it is truly a put and a take. If it is a cost to the bill, it will not be germane and will be overruled.

REPRESENTATIVE YVONNE DAVIS: Okay. Let me start over then, maybe I didn't make myself clear. Any amendments that we want to propose, we probably need to get LBV to determine what the cost is to the bill; is that correct? Will we have to get LBV to tell us the cost of our amendment and then you're able to tell whether there's a swap or not, is that correct?

REPRESENTATIVE JIM PITTS: Yes, that is correct. And LBV will be in the back when we do House Bill 4, when we do House Bill 275 and when we do House Bill 1.

REPRESENTATIVE YVONNE DAVIS: And to the extent that sometimes our math is not like your math, will we be able to offer an amendment to the amendment to fix whatever it is that they say our amendment does after we've offered it but many times what we understand is not what you understand.

REPRESENTATIVE JIM PITTS: Representative Davis, it's kind of traditional if you use the same funding source, if you take from the same source that maybe was an amendment prior to yours, it's been allowed to be able to find another source of that, the money to put in that other, the program you want.

REPRESENTATIVE YVONNE DAVIS: So, is it your -- I guess I want to make sure it's your intent not to cut off amendments based on how LBV rules whether an amendment is -- has a cost to the bill. I mean, will we be allowed to fix it.

REPRESENTATIVE JIM PITTS: Yvonne, I wasn't able to finish. That's -- those are typically, historically are able to redo your amendment so you can find another funding source but if your amendment does not truly be a put and take, those are typically rules against the calendar rule and that's why it's really important for you to be able, take a look at those amendments to the back and let the LBV look at them and so to make sure because -- there's no intention to try to prevent you from filing an amendment --

REPRESENTATIVE YVONNE DAVIS: Right. But you know --

REPRESENTATIVE JIM PITTS: We want to make sure you're not in violation.

REPRESENTATIVE YVONNE DAVIS: -- sometimes when amendments are drawn even LBV doesn't realize until later on when you try to do it and so I just wanted to make sure that we would have that opportunity to basically perfect the amendment that may have been misrepresented based on what they gave us.

REPRESENTATIVE JIM PITTS: I think, as I said earlier with Representative Pickett it's a case by case deal.

REPRESENTATIVE YVONNE DAVIS: And I appreciate that. I just want to raise it because in the past we got a lot of them cut off simply because there was a question of how they were written and all. So I just wanted to make sure I asked that question. As it relates to the amendments and moneys that we move around, are there any prohibitions about how we can move it around if we were to remove money from one portion to send it somewhere else, are there any prohibitions or limitations in that regard?

REPRESENTATIVE JIM PITTS: No. There is no prohibition that says you can -- can't take from one article and put it in another article.

REPRESENTATIVE YVONNE DAVIS: Okay. So --

REPRESENTATIVE JIM PITTS: And we have had that rule in the past at one time in the last 10 years or 15 years but it would just say that you had to put and take out of the same article. This rule says, you can take money from one article in appropriations and put it in another article.

REPRESENTATIVE YVONNE DAVIS: And my last question, is there any money left from a table that has not been put in the bill at that point, the bill pattern. Are there moneys that have not been -- I know we found 75 million a while ago when we started discussing it and I'm just curious if there's any other money left out somewhere that has not been built in the bill patterns that some of us might have access to provide amendments with.

REPRESENTATIVE JIM PITTS: Yvonne, you have to realize we're talking about House Bill 4.

REPRESENTATIVE YVONNE DAVIS: Okay.

REPRESENTATIVE JIM PITTS: And House Bill 4 is a bill that pays our outstanding bills.

REPRESENTATIVE YVONNE DAVIS: I understand that. That's not the question though, Jim. My question is, based on funds available wherever they are, are there funds available that have not been appropriated in HB1 that we might have access to add to HB4 to pay other debts that we might want to.

REPRESENTATIVE JIM PITTS: No. No there's not. And we have to be very specific on House Bill 4.

REPRESENTATIVE YVONNE DAVIS: Okay.

REPRESENTATIVE JIM PITTS: To make sure that our cuts -- we have to -- in House Bill 4 it's a lot of cuts in order for us to pay our bills this current biennium. And then we'll have a bill that follows it, House Bill 275 that uses it rainy day fund to fill in the amount that is needing to be used for about $4.2 billion to pay our bills for this biennium.

REPRESENTATIVE YVONNE DAVIS: Right.

REPRESENTATIVE JIM PITTS: We have to be exact and the comptroller, if we have some additional savings in House Bill 4 for amendments, we must drop our rainy day fund to the exact amount which the comptroller will tell us after we pass House Bill 4.

REPRESENTATIVE YVONNE DAVIS: And I understand what you're saying about House Bill 4 and House Bill 275. My question is, is there any money that's left unappropriated at this time that could be used for any other bills that we may have in.

REPRESENTATIVE JIM PITTS: I am not aware of any money that is sitting out there that we haven't already captured.

REPRESENTATIVE YVONNE DAVIS: And it's all been appropriated through the process as far as you know. It's all been spent.

REPRESENTATIVE JIM PITTS: As far as I know, we have spent all the money available.

REPRESENTATIVE YVONNE DAVIS: Okay. So there's no money -- and I just want to kind of make sure I'm asking it correctly because there's no money available that has not been appropriated to help with all of the budget cuts. To minimize the budget cuts.

REPRESENTATIVE JIM PITTS: Let me clear up your question to make sure you understand. We're operating under what we know has passed. We have also in our bill have anticipated some pieces of legislation as passing and those items will say the contingent on certain bill passing. We have a contingency in House Bill 1 for the passage of House Bill 275 which is the rainy day bill. If that bill doesn't pass then that contingency goes away and we have a lot of those contingencies in the bill. Now, there's some bills that are floating around and going through the system that may bring us some additional money and at some point during this session, we'll look at all those bills to see what kind of money has come in or how many bills that have cost and then probably during conference we'll reconcile those.

REPRESENTATIVE YVONNE DAVIS: But at this time it's not clearly identified and knowledgeable of what that number is; is that correct?

REPRESENTATIVE JIM PITTS: We have not identified any additional money that is available for appropriations.

REPRESENTATIVE YVONNE DAVIS: All right. Thank you, Mr. Chairman.

REPRESENTATIVE TODD HUNTER: I move passage, Mr. Speaker.

REPRESENTATIVE JOE STRAUS: Members a record vote's been requested. Record vote has been granted. This is to adopt the calendar rule on House Bill 4. Clerk will ring the bell. Show Mr. Hunter voting aye. Have all voted? Being 144 ayes and 0 nays, calendar rule is adopted. Chair recognizes Representative Hunter.

REPRESENTATIVE TODD HUNTER: Mr. Speaker, members, I move that pursuant to House Rule 3, Section 52 and House Rule 6, Section 16F, the House Committee on Calendars proposes the following rule governing for consideration of HB275 all original amendments that will be offered during second reading consideration of the bill must be filed with the chief clerk by 10:00 a.m. on Monday, March 28th.

REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. Is there objection? Chair hears none. Record vote has been requested. Record vote is granted. Clerk will ring the bell. This is on the calendar rule for House Bill 275. House Bill 275. Have all voted? Being 147 ayes and 0 nays, calendar rule is adopted. Chair recognizes Representative Hunter for an announcement.

REPRESENTATIVE TODD HUNTER: Mr. Speaker, members, this is your schedule that we can tell you for next week. Thursday you should have a calendar on HB4 and on HB275. Now, on HB4, you must have your amendments filed by 10:00 a.m. on Monday, March 28th. That's the amendments have to be filed with the chief clerk by Monday, March 28th. You will have a calendar on that bill on Thursday. At HB275, which is the rainy day fund, that has the same calendar rule which is amendments must be in by 10:00 a.m. with the chief clerk on Monday, March 28th. It will be scheduled for Thursday vote. So HB4, HB275 Thursday, but amendments on both bills due 10:00 a.m. Monday, March 28th with the chief clerk.

REPRESENTATIVE JOE STRAUS: Chair lays out on second reading House Bill 71. Clerk will read the bill.

CLERK: HB71 by Martinez. Relating to the fee charged for the Texas airport directory.

REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Martinez.

REPRESENTATIVE ARMANDO MARTINEZ: Thank you, Mr. Speaker, I must have to postpone HB71 at a time certain being Thursday, March 31st, 2011 at 9:00 a.m.

REPRESENTATIVE JOE STRAUS: Members, you have heard the motion. Is there objection? Chair hears none. So ordered. Chair lays out on second reading House Bill 229. Clerk read the bill.

CLERK: HB229 by Solomons. Relating to the duties of the tax assessor/collector and voter registrar regarding exemptions from jury service.

REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Solomons.

REP. BURT SOLOMONS: Mr. Speaker, members, I move that we postpone House Bill 229 until Thursday, March 31st, 2011, at 9:59 a.m.

REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Chair lays out on second reading House Bill 451. Clerk read the bill.

CLERK: HB451 by Lucio. Relating to the creation of the Don't Mess with Texas water program to prevent illegal dumping that effects surface water of this state.

REPRESENTATIVE JOE STRAUS: Chair recognizes Mr. Lucio.

REPRESENTATIVE EDDIE LUCIO: Thank you, Mr. Speaker, members, this is a bill we voted out last session from the House. It's a very simple bill don't Mess with Texas Water Program. This bill aims to combat illegal dumping in Texas.

REPRESENTATIVE JOE STRAUS: Following amendment. Clerk read the amendment.

CLERK: Amendment by Lucio.

REPRESENTATIVE EDDIE LUCIO: Thank you, Mr. Speaker, it's a very simple amendment that allows this to be rolled out instead of front loaded and the amendment is acceptable to the author.

REPRESENTATIVE JOE STRAUS: Mr. Lucio sends up an amendment. The amendment is acceptable to the author. Is there objection? The chair hears none. The amendment is adopted. Chair recognizes Mr. Lucio.

REPRESENTATIVE LUCIO: Move adoption.

REPRESENTATIVE JOE STRAUS: Members, Mr. Lucio -- the question occurs on passage of House Bill 451 to engrossment. Record vote has been requested. Record vote is granted. Clerk ring the bell. Have all voted? Being 122 ayes and 21 nays, House Bill 451 is passed to engrossment. Members, if you have any announcements, bring them down front. Chair recognizes Mr. Quintanilla for recognition.

REP. CHENTE QUINTANILLA: Members, you know it's a great pleasure to see my daughter and my two grandchildren looking and listening to what was going on today and I wanted to introduce them up here. It's Yvette, my daughter, my two grandchildren up here, Ashley and Brittany and her friend. It's just great that they were able to see the passion that goes on in this House and I don't have to go home and tell them. So welcome to your House guys. Thank you.

REPRESENTATIVE JOE STRAUS: Chair recognizes Mr. Guillen for a motion.

REPRESENTATIVE RYAN GUILLEN: Thank you Mr. Speaker, members, I move to request permission for the Committee on Culture, Rec and Tourism to meet while the House is in session during referral of bills at E1026 to consider posted business.

REPRESENTATIVE JOE STRAUS: Members you heard the motion. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Kolkhorst.

REPRESENTATIVE LOIS KOLKHORST: Thank you, Mr. Speaker. Members, I want to make sure that all the public health members know that I'm about to make a motion and also that we had left the committee, your staff needs to go ahead and get that cleaned out because we are changing rooms. So I will make the following motion. I'd like to suspend the following rules. The five day posting rule to allow the Committee on Public Health to consider previously posted agenda and attending business on March 24th, 2011, 8:00 a.m. in E2030.

REPRESENTATIVE JOE STRAUS: Members, you heard the motion. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Branch for a motion.

REPRESENTATIVE DAN BRANCH: Thank you, Mr. Speaker. Members, I request permission for the Committee on Higher Education to meet while the House is in session at the time -- while the bill referral, the date 3/23/11, place will be E1.014 to consider previously posted agenda.

REPRESENTATIVE JOE STRAUS: Members, you have heard the motion. Is there objection? Chair hears none. So ordered. Mr. Guillen. Following announcements. The clerk will read the announcements.

CLERK: The Committee on Public Health will meet at 8:00 a.m. on March 24th, 2011, in E2.030. This will be a public hearing to consider previously posted agenda and pending business. The Committee on Energy Resources will meet at 1:00 p.m. tomorrow March 24th, 2011 at E2.036. This will be a public hearing to consider pending business.

REPRESENTATIVE MANUEL LOZANO: Chair recognizes Representative Deshotel.

REPRESENTATIVE JOE DESHOTEL: Members, I request permission for the Committee on Culture, Recreation and Tourism to meet while the House is in session during the reading of bill referrals today in room E1026 to consider pending business.

REPRESENTATIVE MANUEL LOZANO: Members you've heard the motion. Is there any objection?

REPRESENTATIVE LEO BERMAN: Parliamentary inquiry. Please do ask the parliamentary official what time we're meeting tomorrow.

REPRESENTATIVE MANUEL LOZANO: We'll get to that in just a minute but we think 10:00 a.m. is a good time.

REPRESENTATIVE LEO BERMAN: Thank you.

REPRESENTATIVE MANUEL LOZANO: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Weber for an announcement.

REPRESENTATIVE RANDY WEBER: Members, the typical bible -- the normal bible studies for tomorrow morning at 7:30 -- as if it were normal -- has been changed. We will not have the normal bible study by Capitol commission tomorrow morning at 7:30. The noon hour bible study as it were will be moved to 11:30 at the Roaring Fork. If you have not been, you should come. It's the great time in the Lord. Thank you.

REPRESENTATIVE MANUEL LOZANO: Members, if there are no further announcements. Representative Sarah Davis moves that the House stand adjourned until 10:00 a.m. tomorrow pending the reading and referral of bills and resolutions. Following bills on first reading and referral.

CLERK: HB1295 by Shelton. Relating to a pilot project to increase enrollee access to primary care services and simplify enrollment procedures under the child health plan program to human services. HB1338 by Smith. Relating to the requirement that a voter provide proof of citizenship when registering to vote to elections. HB1412 by Chisum. Relating to requiring a voter to present proof of identification; providing penalties to elections. HB1458 by Harless. Relating to requiring a voter to present proof of identification; providing penalties to elections. HB1533 by Eiland. Relating to voter registration to elections. HB(inaudible) HB2825 by Otto. Relating to the investment management of the permanent university fund to higher education. HB3166 by Callegari. Relating to the abolition and consolidation of state agencies to government efficiency and reform. HB3167 by Callegari. Relating to the repeal of occupational licensing requirements to government efficiency and reform. HB3168 by Callegari. Relating to the operation of state agencies to government efficiency and reform. HB(inaudible.) HB3413 by Darby. Relating to the property and funding of the Texas Department of Motor Vehicles to transportation. HB3414 by Darby. Relating to certain fiscal matters relating to the Department of Agriculture to appropriations. HB3415 by Darby. Relating to the authority of the Texas Animal Health Commission to set and collect fees to appropriations. HB3416 by Darby. Relating to eliminating a requirement that the Texas Alcoholic Beverage Commission transfer certain funds to the Department of Agriculture for the Texas Wine Marketing Assistance Program to appropriations. HB3417 by Darby. Relating to state fiscal matters regarding business and economic development to appropriations. HB3418 by Darby. Relating to state fiscal matters related to natural resources and the environment to appropriations. HB3419 by Darby. Relating to state fiscal matters related to certain regulatory agencies to appropriations. HB3420 by Darby. Relating to the fee on delivery of certain petroleum products to appropriations. HB3547 by Alvarado. Relating to enforcement by a local government of fire safety standards at certain child-care facilities to urban affairs. HB3569 by Lucio. Relating to the review of certain documents by the attorney general; imposing certain fees to government efficiency and reform. HB3570 by Smithee. Relating to insurance coverage requirements for certain amusement rides to insurance. HB3571 by Phillips. Relating to the use of revenue sharing as a means of repayment of Texas Department of Transportation cost participation in a toll facility of a public entity to transportation. HB3572 by King. Relating to the creation of the 1st Multicounty Court at Law composed of Fisher and Nolan Counties and the abolishment of the County Court at Law of Nolan County to judiciary and civil jurisprudence. HB3573 by King. Relating to limiting the disclosure of certain information regarding certain charitable organizations, trusts, private foundations, and grant-making organizations to business and . HB3574 by Torres. Relating to the Texas Back to Work initiative to economic and small business development. HB3575 by Thompson. Relating to the operation of casino gaming in this state by federally recognized Indian tribes on certain land; providing penalties to licensing and administrative procedures. HB3576 by Thompson. Relating to the operation of casino gaming in this state by federally recognized Indian tribes on certain land and by licensed operators at horse and greyhound racetracks and licensed locations; providing penalties to licensing and administrative procedures. HB3577 by Gonzales. Relating to eligibility requirements for the Texas Educational Opportunity Grant to higher education. HB3578 by Gonzales. Relating to clarification of the authorized uses for loans under public institution of higher education emergency loan programs to higher education. HB3579 by Gonzales. Relating to repayment assistance for certain physician education loans to higher education. HB3580 by Frullo. Relating to the issuance of specialty license plates for surviving spouses of disabled veterans of the United States armed forces defense and veterans' affairs. HB3581 by Driver. Relating to authorizing the sale of beer by wineries to licensing and administrative procedures. HB3582 by Harless. Relating to the allocation to a school district of the expenses of a joint election to elections. HB3583 by Harless. Relating to the authority of local law enforcement authorities to enforce certain laws regulating coin-operated machines; providing criminal penalties to licensing and administrative procedures. HB3584 by Strama. Relating to the Texas emerging technology fund to technology. HB3585 by Taylor. Relating to the adoption of voting procedures necessary to implement the federal Military and Overseas Voter Empowerment Act to elections. HB3586 by Taylor. Relating to unit operations for oil, gas, or oil and gas production or carbon dioxide storage to energy resources. HB3587 by Callegari. Relating to the functions of the Texas Guaranteed Student Loan Corporation to higher education. HB3588 by Coleman. Relating to the use of a county risk management pool by certain county and district officers instead of the execution of bonds to county affairs. HB3589 by Hancock. Relating to claim-handling deadlines in the event of certain weather-related catastrophes or natural disasters to insurance. HB3590 by Hancock. Relating to the cancellation of homeowners insurance policies to insurance. HB3591 by Howard. Relating to the confidentiality of information obtained by a compliance office of an institution of higher education to higher education. HB3592 by Howard. Relating to the Lower Colorado River Authority to natural resources. HB3593 by Smith of Harris. Relating to providing notice of foreclosure to certain lien holders to business and industry. HB3594 by Aliseda. Relating to the termination of a volunteer deputy registrar for the submission of late or incomplete applications for voter registration to elections. HB3595 by. Chisum Relating to energy efficiency goals and energy efficiency programs to energy resources. HB3596 by Hancock. Relating to public school finance and the allocation of state funds to public education. HB3597 by Larson. Relating to the powers and duties of certain public improvement districts to urban affairs. HB3598 by Huberty. Relating to the criminal registration procedure for a convicted arsonist to criminal jurisprudence. HB3599 by Garza. Relating to contracting with emerging fund managers by the State Board of Education for investment of the permanent school fund to public education. HB3600 by Garza. Relating to municipal and county authority to enforce a solid waste collection and transportation services franchise to environmental regulation. HB3601 by Garza. Relating to the issuance of cease and desist orders by the Texas Medical Board to public health. HB3602 by Garza. Relating to a restriction on permits authorizing direct discharges of waste or pollutants into water in certain areas associated with the Barton Springs segment of the Edwards Aquifer to natural resources. HB3603 by Garza. Relating to the distribution of money appropriated from a municipal court building security fund to criminal jurisprudence. HB3604 by Smithee. Relating to enforcement of certain insurance provisions in construction contracts to business and industry. HB3605 by Smithee. Relating to the payment of losses by the Texas Windstorm Insurance Association to insurance. HB3606 by Kuempel. Relating to the payment of development impact fees by certain political subdivisions or governmental entities to urban affairs. HB3607 by Kuempel. Relating to construction managers-at-risk used by local governments to urban affairs. HB3608 by Kuempel. Relating to a franchise tax credit for contributions to programs for at-risk youth to ways and means. HB3609 by Smithee. Relating to insurance premium and maintenance taxes, and payment of excess losses of the Texas Windstorm Insurance Association to insurance. HB3610 by Thompson. Relating to periodic rate adjustments by electric utilities to state affairs. HB3611 by Truitt. Relating to the administration of medications for persons with intellectual and developmental disabilities to public health. HB3612 by Turner. Relating to the administration of the Texas Save and Match Program to assist qualifying beneficiaries under the state's prepaid tuition plans and college savings plans and to the treatment of a beneficiary's assets under prepaid tuition plans and college savings plans in determining eligibility for student financial assistance and other assistance programs to higher education. HB3613 by Walle. Relating to the operation of the Texas Windstorm Insurance Association to insurance. HB3614 by Hughes. Relating to the interest rate on a refund of ad valorem taxes made following the final determination of an appeal that decreases a property owner's tax liability to ways and means. HB3615 by Hughes. Relating to the authority of the chief appraiser of an appraisal district to increase the appraised value of property if the appraised value of the property was reduced in an appeal in a prior year to ways and means. HB3616 by Naishtat. Relating to designating October as Disability History and Awareness Month to human services. HB3617 by Madden. Relating to abolishing the Texas Commission on Fire Protection, the Commission on Jail Standards, and the Commission on Law Enforcement Officer Standards and Education and transferring certain of the powers and duties of those agencies to the newly created Public Safety Licensing Commission to homeland security and public safety. HB3618 by Miller. Relating to the regulation of restricted fireworks to county affairs. HB3619 by Miller. Relating to the application of certain concealed handgun license laws to certain statewide elected officials and members of the legislature. HB3620 by Isaac. Relating to changes in participation in public utility agencies to natural resources. HB3621 by Bonnen. Relating to the Gulf Coast Water Authority to natural resources. HB3622 by Anderson. Relating to liability for the death of a pet to judiciary and civil jurisprudence. HB3623 by Darby. Relating to the environmental review of certain transportation projects by the Texas Department of Transportation to transportation. HB3624 by Hochberg. Relating to the eligibility of educational aides for tuition exemptions at public institutions of higher education to higher education. HB3625 by Carter. Relating to a task force on school district administrative efficiency to public education. HB3626 by Kolkhorst. Relating to the Texas Economic Development Act to ways and means. HB3627 by Aliseda. Relating to the use of audio and visual recording devices in a polling place to elections. HB3628 by Aliseda. Relating to the offense of unacknowledged assistance to a voter in completing an application for a ballot to be voted by mail to elections. HB3629 by Shelton. Relating to abolishing the Department of Assistive and Rehabilitative Services and transferring its powers and duties to the Department of Aging and Disability Services and the Department of State Health Services to human services. HB3630 by Hunter. Relating to certain unprofessional conduct by a health care provider to public health. HB3631 by Branch. Relating to the imposition of certain conditions and limitations on the receipt of tuition and fee exemptions at public institutions of higher education to higher education. HB3632 by Hamilton. Relating to the effect on local regulation of the use and sale of fireworks to land and resource management. HB3633 by Legler. Relating to participation in retirement programs by certain employees to pensions, investments, and financial services. HB3634 by Villarreal. Relating to including additional territory in the state in a junior college district to higher education. HB3635 by Dutton. Relating to the registration of and taxes and fees imposed on sexually oriented businesses; providing a civil penalty to licensing and administrative procedures. HB3636 by Dutton. Relating to safety measures for culverts or other similar flood or drainage systems maintained by governmental entities to urban affairs. HB3637 by Miller. Relating to the regulation of equine dental technicians; providing penalties to agriculture and livestock. HB3638 by Hancock. Relating to telecommunications and the universal service fund to state affairs. HB3639 by Pitts. Relating to state fiscal matters related to public and higher education to appropriations. HB3640 by Pitts. Relating to the remittance and allocation of certain taxes and fees to appropriations. HB3641 by Pitts. Relating to the remittance and allocation of gasoline and diesel fuel tax collections to appropriations. HB3642 by Pitts. Relating to the dates on which franchise tax payments are due from certain taxable entities to appropriations. HB3643 by Pitts. Relating to the remittance of mixed beverage taxes and taxes and fees on certain alcoholic beverages to appropriations. HB3644 by Pitts. Relating to the creation and re-creation of funds and accounts in the state treasury, the dedication and rededication of revenue, and the exemption of unappropriated money from use for general governmental purposes to appropriations. HB3645 by Pitts. Relating to state contributions made to fund the Teacher Retirement System of Texas and certain group benefits for retired school employees to pensions, investments, and financial services. HB3646 by Turner. Relating to the powers and duties of the Legislative Budget Board, including the receipt of reports by the board to state affairs. HB3647 by Turner. Relating to directing payment, after approval, of certain miscellaneous claims and judgments against the state out of funds designated by this Act; making appropriations to appropriations. HB3648 by Otto. Relating to state fiscal matters related to the judiciary to appropriations. HB3649 by Otto. Relating to state fiscal matters related to law enforcement and criminal justice to appropriations. HB3650 by Otto. Relating to cash payments provided to an inmate released on parole, mandatory supervision, or conditional pardon from the Texas Department of Criminal Justice to appropriations. HB3651 by Otto. Relating to the appropriation of certain revenue for information technology projects to appropriations. HB3652 by Otto. Relating to handling fees imposed by the comptroller for processing unclaimed property to appropriations. HB3653 by Otto. Relating to the registration fee and registration renewal fee for lobbyists to appropriations. HB3654 by Otto. Relating to the review of certain documents by the attorney general; imposing certain fees to appropriations. HB3655 by Otto. Relating to the State Bar of Texas membership dues and minimum continuing legal education requirements for an attorney employed by the office of the attorney general to appropriations. HB3656 by Otto. Relating to reimbursement to a county for payment to a person who reports for jury service to appropriations. HB3657 by Otto. Relating to the collection of certain fees by the Commission on Jail Standards to appropriations. HB3658 by Otto. Relating to the judicial and court personnel training fund to appropriations. HB3659 by Otto. Relating to contributions by public retirement systems to the State Pension Review Board fund to appropriations. HB3660 by Otto. Relating to requiring the secretary of state to publish the session laws of the legislature electronically and eliminating certain requirements for publishing and distributing volumes of the session laws to appropriations. HB3661 by Otto. Relating to abolishing the state boot camp program to appropriations. HB3662 by Otto. Relating to fees for process server certification to appropriations. HB3663 by Otto. Relating to the use and management of the Texas preservation trust fund account to appropriations. HB3664 by Otto. Relating to the calculation of the amount of state aid to be received by community supervision and corrections departments to appropriations. HB3665 by Otto. Relating to state fiscal matters related to general government to appropriations. HB3666 by Zerwas. Relating to state fiscal matters related to health and human services and state agencies administering health and human services programs to appropriations. HB3667 by Pena. Relating to the establishment and administration of an employment verification compliance program, deterring the use of unauthorized foreign workers, imposing powers and duties on executive agencies, and providing for remedies to state affairs. HB3668 by Callegari. Relating to certificates of public convenience and necessity for water or sewer services to natural resources. HB3669 by Carter. Relating to the funding for and user friendliness of the website operated by the Public Utility Commission of Texas to provide information regarding the power to choose retail electric providers to state affairs. HB3670 by Carter. Relating to accreditation standards for child care training to human services. HB3671 by Smith. Relating to the development, financing, construction, and operation of toll projects to transportation. HB3672 by Dutton. Relating to requiring the comptroller to provide notice to a person who will be regarded as a retailer or seller for purposes of sales and use tax to ways and means. HB3673 by Dutton. Relating to offers of settlement in civil cases to judiciary and civil procedures. HB3674 by Eiland. Relating to the use of unsworn declarations to judiciary and civil procedures. HB3675 by Eiland. Relating to assessments and taxes on subscription video service providers to state affairs. HB3676 by Brown. Relating to procuring contracts for certain professional services by a governmental entity to state affairs. HB3677 by Brown. Relating to the administrative fee charged by the Department of Information Resources to other entities for the purchase of certain commodity items to state affairs. HB3678 by Brown. Relating to implementation of certain cost-saving measures for the Medicaid vendor drug program and child health plan program prescription drug benefits to public health. HB3679 by Martinez Fischer. Relating to a prohibition on the marketing of foods of minimal nutritional value on public school campuses to public health. HB3680 by Martinez Fischer. Relating to the types of food or beverages that may be sold to students on public school campuses to public health. HB3681 by Martinez Fischer. Relating to assessments of physical fitness of public school students and campus ratings based on that assessment to public education. HB3682 by Martinez Fischer. Relating to physical activity requirements applicable to public school students to public education. HB3683 by Martinez Fischer. Relating to hearings and appeals in connection with the insurance commissioner's disapproval of a property and casualty insurance rate to insurance. HB3684 by Callegari. Relating to evaluating and providing for efficient government resource allocation to government efficience and reform. HB3685 by Aliseda. Relating to the collection and distribution of sales taxes and the hours of operation for certain retailers to ways and means. HB3686 by Brown. Relating to allowing certain identifiable communities in the extraterritorial jurisdiction of a municipality to incorporate to county affairs. HB3687 by Perry. Relating to the closed formulary for workers' compensation pharmaceutical benefits to state affairs. HB3688 by Hochberg. Relating to the collection of contributions by the Teacher Retirement System of Texas to pensions, investments, and financial services. HB3689 by Oliveira. Relating to the partnership agreement between The University of Texas at Brownsville and the Texas Southmost College District to higher education. HB3690 by Anchia. Relating to the boundaries and financing of a public improvement district to urban affairs. HB3691 by Gallego. Relating to the provision of certain programs and services by a community supervision and corrections department to corrections. HB3692 by Gallego. Relating to peace officer interaction with persons with mental illness and to a person's incompetency to stand trial to criminal jurisprudence. HB3693 by Gallego. Relating to the supplemental compensation of certain local administrative district judges to judiciary and civil jurisprudence. HB3694 by Gallego. Relating to certain requirements of sports officials by the University Interscholastic League to public education. HB3695 by Gallego. Relating to confidentiality of Class C misdemeanor records related to the conviction of a child to jurisprudence. HB3696 by Gallego. Relating to concurrent state and federal legislative jurisdiction over units of the national park system in this state to culture, recreation and tourism. HB3697 by Gallego. Relating to the establishment of a Service to Texas requirement for undergraduate students at public institutions of higher education and the establishment of a Service to Texas program to higher education. HB3698 by Gallego. Relating to jurisdiction of district courts and criminal district courts in certain criminal proceedings to criminal jurisprudence. HB3699 by Turner. Relating to the disposal of nonparty compact low-level radioactive waste at the Texas Low-Level Radioactive Waste Disposal Compact waste disposal facility to environmental regulation. HB3700 by Larson. Relating to the conversion of a nontolled state highway or segment of the state highway system to a toll project to transportation. HB3701 by Fletcher. Relating to the confidentiality of certain personal information to state affairs. HB3702 by Raymond. Relating to sales and use tax imposed by boards of certain municipal transit departments to ways and means. HB3703 by Raymond. Relating to the use of certain aviation and air transportation-related tax proceeds for aviation facilities development to ways and means. HB3704 by Brown. Relating to the taxation of political subdivisions of the state to ways and means. HB3705 by Hamilton. Relating to the creation of the disaster reconstruction coordination office within the governor's office; creating the disaster contingency account to homeland security and public safety. HB3706 by Callegari. Relating to measures in anticipation of federal legislation that would recognize the sovereignty of the states by providing each state with autonomy in determining whether and to what extent certain federal programs or mandates would apply in that state to state sovereignty, select. HB3707 by Chisum. Relating to the waiting period for certain spouses filing for divorce on the grounds of insupportability to judiciary and civil jurisprudence. HB3708 by Hochberg. Relating to the Early High School Graduation Scholarship Program to public education. HB3709 by Hochberg. Relating to reducing costs in public school extracurricular activities to public education. HB3710 by Lewis. Relating to filling vacancies in appellate judicial offices by appointment, partisan elections for all judicial offices, and nonpartisan elections for the retention or rejection for all judicial offices to judiciary and civil jurisprudence. HB3711 by Howard. Relating to requirements for the coordinated admission program at The University of Texas at Austin to higher education. HB3712 by Giddings. Relating to the reporting of information by a school district relating to certain offenses committed by certain students to public education. HB3713 by Giddings. Relating to a grant program to promote good citizenship to public education. HB3714 by McClendon. Relating to the regulation of controlled substances and the establishment of an electronic system for monitoring controlled substances to public health. HB3715 by Workman. Relating to standards applicable to propane distribution system retailers to energy resources. HB3716 by Guillen. Relating to the evaluation of applications for certain financial assistance administered by the Texas Department of Housing and Community Affairs to urban affairs. HB3717 by Guillen. Relating to fees for emergency first response service provided by certain counties to border and intergovernmental affairs. HB3718 by Gutierrez. Relating to the sale of real property to business and industry. HB3719 by Gutierrez. Relating to truancy and the jurisdiction of justice courts to public education. HB3720 by Turner. Relating to the transfer of housing funds from the Texas Department of Housing and Community Affairs to the Texas Veterans Commission to defense and veterans' affairs. HB3721 by Patrick. Relating to formula funding for certain semester credit hours earned for dual course credit to higher education. HB3722 by Guillen. Relating to the boater education program at the parks and wildlife department to culture, recreation, and tourism. HB3723 by Guillen. Relating to optional fees on the registration of a vehicle imposed by a county to transportation. HB3724 by Guillen. Relating to the Chronic Kidney Disease Task Force to public health. HB3725 by Guillen. Relating to the preservation and maintenance of the Alamo by the Texas Historical Commission to culture, recreation and tourism. HB3726 by Guillen. Relating to an annual report of the private entity granted care and custody of the Alamo to culture, recreation, and tourism. HB3727 by Hilderbran. Relating to the computation of the property tax on temporary production aircraft to ways and means. HB3728 by Jackson. Relating to the composition of and powers and duties of the Commission on Jail Standards to county affairs. HB3729 by Martinez. Relating to the expansion of extraterritorial jurisdiction in certain municipalities to land and resource management. HB3730 by Martinez. Relating to the department of transportation's privatization of maintenance contracts to transportation. HB3731 by Martinez. Relating to the accommodation of bicycles, pedestrians, and mass transit riders on streets and highways to transportation. HB3732 by Martinez. Relating to the authority of a regional mobility authority to enter into a comprehensive development agreement to transportation. HB3733 by Martinez. Relating to the creation of Texas Task Force 3 in the Rio Grande Valley to homeland security and public safety. HB3734 by Martinez. Relating to certain comprehensive development agreements of the Texas Department of Transportation to transportation. HB3735 by Martinez. Relating to the composition of the Texas Commission on Fire Protection and the disposition of certain fees collected by the commission to urban affairs. HB3736 by Martinez. Relating to appointment of a department head of a fire or police department in certain municipalities to urban affairs. HB3737 by Martinez. Relating to broadcasting of athletic competitions sponsored or sanctioned by the University Interscholastic League to public education. HB3738 by Martinez. Relating to the designation of the Mid Valley Airport as the disaster relief headquarters for the Rio Grande Valley to homeland security and public safety. HB3739 by Morrison. Relating to exempting the sale of certain property used for research and development from the sales tax to ways and means. HB3740 by Guillen. Relating to the preservation and maintenance of the Alamo and the financial accountability and transparency of persons granted care and custody over certain historic state real properties to culture, recreation, and tourism. HB3741 by Brown. Relating to an intercollegiate athletics fee at Texas A&M University to higher education. HB3742 by Schwertner. Relating to the environmental review of certain transportation projects by the Texas Department of Transportation to transportation. HB3743 by Workman. Relating to the rights, powers, functions, and duties of the West Travis County Municipal Utility District No. 5 to natural resources. HB3744 by Gonzales. Relating to the reimbursement methodology used for certain services provided to Medicaid recipients to public health. HB3745 by Eiland. Relating to the participation of certain retirees under the proportionate retirement program in the Texas Public School Employees Group Benefits Program to pensions, investments, and financial services. HB3746 by Frullo. Relating to providing resources designed to combat crimes against children, especially crimes regarding child exploitation and child pornography trafficking involving the Internet to criminal jurisprudence. HB3747 by McClendon. Relating to the selection of certain members of the board of trustees of the Teacher Retirement System of Texas to pensions, investments, and financial services. HB3748 by Phillips. Relating to creating the division of forensic services; abolishing the Texas Forensic Science Commission and transferring certain duties of the commission and the Department of Public Safety to the division of forensic services to homeland security and public safety. HB3749 by Oliveira. Relating to establishing certain rights of an owner of the surface estate in land who does not own any interest in the mineral estate in the land in connection with the exploration for and production of the minerals to energy resources. HB3750 by Dutton. Relating to the waiver of sovereign immunity of a school district for certain claims arising from the provision of community education child care services to judiciary and civil jurisprudence. HB3751 by Harper-Brown. Relating to the presiding officers of the early voting ballot board and a recount committee used in certain elections to elections. HB3752 by Harper-Brown. Relating to a financial institution's action regarding certain withdrawals and deposits to pensions, investments, and financial services. HB3753 by King of Parker. Relating to the employment of physicians and other staff by certain municipal hospital authorities to urban affairs. HB3754 by Hilderbran. Relating to the powers and duties of the Office of Public Utility Counsel to state affairs. HB3755 by Cook. Relating to management of certain metropolitan rapid transit authorities to transportation. HB3756 by Carter. Relating to imposing liens for labor and materials provided by interior designers to business and industry. HB3757 by Callegari. Relating to the coordination of rural and small community initiatives to economic and small business development. HB3758 by Giddings. Relating to the issuance of citations to certain public school students on school property during regular school hours or on a vehicle owned or operated by a county or independent school district to public education. HB3759 by White. Relating to the criminal offenses for which and the circumstances under which certain communication devices may be detected and communications may be intercepted to criminal jurisprudence. HB3760 by Oliveira. Relating to home loans that are not federally related mortgage loans; providing civil penalties to pensions, investments, and financial services. HB3761 by Marquez. Relating to the treatment of and services provided to certain inmates in the custody of the Texas Department of Criminal Justice, to the provision of medical care to inmates in the custody of the department, to the release of inmates on parole and other forms of supervised release, and to certain other matters affecting the department to corrections. HB3762 by Marquez. Relating to creating a transparent and deliberative process by which execution procedures are determined to corrections. HB3763 by Marquez. Relating to the release of inmates in the custody of the Texas Department of Criminal Justice on parole or other forms of supervised release to corrections. HB3764 by Marquez. Relating to the policies of the Texas Department of Criminal Justice regarding the use of, and treatment of inmates confined in, administrative segregation to corrections. HB3765 by Pitts. Relating to the date on which certain payments are made by the state under the Foundation School Program to appropriations. HB3766 by Pitts. Relating to the use of proceeds from a county jail's commissary operation to appropriations. HB3767 by Pitts. Relating to the exemption from the sales and use tax for tangible personal property or a taxable service that is resold or otherwise transferred to appropriations. HB3768 by Pena. Relating to a lien on a cause of action or claim of an individual who receives emergency medical services in certain counties to judiciary and civil jurisprudence. HB3769 by Smithee. Relating to allowing driver education courses to be delivered by course providers to public education. HB3770 by Burkett. Relating to unstructured activity requirements for public elementary school students to public education. HB3771 by Harper-Brown. Relating to the authority of the Texas Department of Transportation to approve safety standards for high-speed rail; authorizing a fee to transportation. HB3772 by Pitts. Relating to tax records to appropriations. HB3773 by Pitts. Relating to the duties of the comptroller of public accounts to audit the Office of Court Administration's Collection Improvement Program to appropriations. HB3774 by Pitts. Relating to the administration, collection, enforcement of various taxes and fees to appropriations. HB3775 by Guillen. Relating to deer breeder operations to culture, recreation, and tourism. HB3776 by Guillen. Relating to deer identification and deer breeder operations to culture, recreation, and tourism. HB3777 by Gallego. Relating to collection, storage, and distribution of criminal history record information; providing penalties to criminal jurisprudence. HB3778 by Guillen. Relating to deer removal, destruction, and deer breeder operations; providing penalties to culture, recreation, and tourism. HB3779 by Guillen. Relating to licensing of deer breeder operations; providing penalties to culture, recreation, and tourism. HB3780 by Alonzo. Relating to compliance with rules, bylaws, and written policies adopted by a school district's board of trustees to public education. HB3781 by Naishtat. Relating to the maintenance by certain hospitals of records regarding certain uncompensated care costs to public health. HB3782 by Guillen. Relating to deer breeder operations; providing penalties to culture, recreation, and tourism. HB3783 by Callegari. Relating to cost-saving and efficiency in government to public education. HB3784 by Callegari. Relating to the ethics and financial disclosure requirements and audits of certain governmental bodies to government efficiency and reform. HB3785 by Callegari. Relating to a tax exemption for inactive oil and gas wells to ways and means. HB3786 by Craddick. Relating to the requirements for certain extensions of credit to consumers to pensions, investments, and financial services. HB3787 by Allen. Relating to the salary paid to certain professional employees of public schools to public education. HB3788 by Marquez. Relating to the authority of a county civil service commission to administer oaths and issue subpoenas to county affairs. HB3789 by Phillips. Relating to the development of toll projects through public-private partnerships to transportation. HB3790 by Pitts. Relating to state fiscal matters to appropriations. HB3791 by Pitts. Relating to the interest on certain tax refunds or credits to appropriations. HB3792 by Burnam. Relating to municipal authority to regulate gas pipelines located within the municipality to energy resources. HB3793 by Phillips. Relating to the permissible uses of the state highway fund to ways and means. HB3794 by Burkett. Relating to disputes under insurance policies to insurance. HB3795 by Elkins. Relating to authorized investments for governmental entities to pensions, investments, and financial services. HB3796 by Gallego. Relating to the composition of certain judicial districts to judiciary and civil jurisprudence. HB3797 by Gallego. Relating to the validation of the creation, operation, and dissolution of, and certain acts related to, a venue project to ways and means. HB3798 by Martinez Fischer. Relating to the franchise tax, franchise tax rates and computation; alternative revenue sources and spending priorities for this state; certain taxes affecting businesses; making an appropriation to ways and means. HB3799 by Miller. Relating to timely filing of surplus lines policy to insurance. HB3800 by Paxton. Relating to the licensing and regulation of professional fitness trainers; providing a penalty to licensing and administrative procedures. HB3801 by Davis of Harris. Relating to the exception of certain personal information from disclosure under the public information law to state affairs. HB3802 by Davis of Harris. Relating to liability of certain public utilities that allow recreational use of land that the public utility owns, occupies, or leases to judiciary and civil jurisprudence. HB3803 by Phillips. Relating to the creation of the Cottonwood Municipal Utility District No. 2 of Grayson County; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain to natural resources. HB3804 by Gallego. Relating to the creation of the Lajitas Utility District No. 1 of Brewster County; providing authority to impose taxes and issue bonds; granting a limited power of eminent domain to natural resources. HB3805 by Morrison. Relating to director elections and powers of the Texana Groundwater Conservation District to natural resources. HB3806 by Hardcastle. Relating to the authority of the board of directors of the Haskell County Hospital District to employ health care providers to county affairs. HB3807 by Woolley. Relating to the option of providing electronic recordings of proceedings in the municipal court of record for the City of Houston to judiciary and civil jurisprudence. HB3808 by King. Relating to fishing with certain archery equipment in certain counties to culture, recreation, and tourism. HB3809 but Hardcastle. Relating to the authority of the board of directors of the Muenster Hospital District to employ physicians and other health care providers to county affairs. HJR12 by Larson. Proposing a constitutional amendment providing that a member of the legislature or person holding a statewide elective office automatically vacates office on announcing a candidacy or becoming a candidate for another elective office before the final full year of the person's term of office to state affairs. HJR13 by Legler. Proposing a constitutional amendment authorizing garnishment of wages for the recovery of fraudulently obtained unemployment benefits or of taxes or fees owed to the state to economic and small business development. HJR14 by Veasey. Proposing a constitutional amendment authorizing the legislature to create a social loan program to human services. HJR15 by Rodriguez. Proposing a constitutional amendment increasing the rates of taxes imposed on gasoline and diesel fuel, adjusting those rates annually for inflation, and dedicating certain revenue from those taxes to the design, construction, and maintenance of public roadways to ways and means. HJR129 by Naishtat. Proposing a constitutional amendment requiring a state senator or state representative to forfeit office on the final conviction of a felony to state affairs. HJR130 by Branch. Meeting requirements of the United States Department of Education concerning federal student aid by naming private institutions of higher education in the State of Texas that are authorized to operate educational programs beyond secondary education, including programs leading to a degree or certificate to higher education. HJR131 by Rodriguez. Proposing a constitutional amendment allowing the expenditure of motor vehicle fuel taxes, registration fees, and federal reimbursement for those revenues for passenger rail, transit, and freight rail to transportation. HJR132 by Landtroop. Proposing a constitutional amendment relating to the right to life beginning at fertilization to state affairs. HJR132gy Gonzales. Proposing a constitutional amendment authorizing a federally recognized Indian tribe in a county along the Texas-Mexico international border to conduct certain gaming activity on certain tribal lands to licensing and administrative procedures. HJR134 by Oliveira. Proposing a constitutional amendment authorizing a county to regulate land development if approved by a majority vote in a countywide election to land and resource management. HJR135 by Phillips. Proposing a constitutional amendment relating to an individual's or a religious organization's free exercise of religion to state affairs. HJR136 by Price. Proposing a constitutional amendment providing that a legislator who is absent without excuse for an extended period during a legislative session vacates office and is not counted in determining a quorum of the applicable house of the legislature to state affairs. HJR137 by Ritter. Proposing constitutional amendments relating to the funding of certain water projects to natural resources. HJR140 by Hunter. Proposing a constitutional amendment on the length of legislative terms and number of years a person may serve in the legislature to state affairs. HJR144 by Raymond. Proposing a constitutional amendment regarding the dedication by general law of revenue of or money received by this state and money held in or deposited to an account or fund inside or outside the state treasury and the authorized expenditure or appropriation of revenue or money dedicated by general law to ways and means. HJR145 by Raymond. Proposing a constitutional amendment providing honesty in state taxation to ways and means. HJR146 by Taylor. Proposing a constitutional amendment to repeal the provision that requires the automatic resignation of certain county, municipal, or district officeholders if they become candidates for another office to elections. HJR147 by Hamilton. Proposing a constitutional amendment authorizing the legislature to legalize and regulate the conduct of gaming in this state and authorizing the conduct of gaming by certain federally recognized Indian tribes to licensing and administrative procedures. HJR148 by Ritter. Proposing a constitutional amendment relating to county delegation of authority regarding the disposition of county school lands and proceeds of a county permanent school fund to public education. HJR149 by Larson. Proposing a constitutional amendment to require the comptroller of public accounts to make a state revenue report after the first year of a state fiscal biennium and the governor to call a special session of the legislature if actual state revenue for that fiscal year was at least five percent less than projected revenue to appropriations. HJR150 by Kleinschmidt. Proposing a constitutional amendment authorizing the legislature to provide for a four-year term for the chief appraiser of an appraisal district to ways and means. HJR151 by Thompson. Proposing a constitutional amendment authorizing the operation of casino games in this state by federally recognized Indian tribes on certain land to licensing and administrative procedures. HJR152 by Thompson. Proposing a constitutional amendment authorizing the operation of casino games in this state by federally recognized Indian tribes on certain land and by licensed operators at horse and greyhound racetracks and licensed locations to licensing and administrative procedures. HJR153 By Villarreal. Proposing a constitutional amendment authorizing the legislature to pass laws relating to junior college districts, including laws for the assessment and collection of taxes by a junior college district without the necessity of an election to higher education. HJR154 by Dutton. Proposing a constitutional amendment increasing the number of state senators from 31 to 41 to state affairs. HJR155 by Lewis. Proposing a constitutional amendment for filling vacancies in appellate judicial offices by appointment, for partisan elections for all judicial offices, and for subsequent nonpartisan retention elections for all judicial offices to judiciary and civil jurisprudence. HJR156 by Howard. Proposing a constitutional amendment to require that taxation be fair and equal and that the full cash value of property, calculated only when property is purchased, constructed, or exchanged, be used for purposes of ad valorem taxation to ways and means. HJR157 by Phillips. Proposing a constitutional amendment limiting the purposes for which revenue from taxes on motor fuels and lubricants may be used to ways and means. Pursuant to rule four, the chair corrects the rule of the following bills and resolutions. HB16 by Riddle. Relating to requiring a voter to present proof of identification to elections. HB112 by Harless. Relating to requiring a voter to present proof of identification to election. HB186 by Perry. Elating to requiring a voter to present proof of identification to elections. HB239 by Parker. Relating to the offense of paying or receiving certain forms of compensation for facilitating the registration of voters; providing criminal penalties to elections. HB248 by Chisum. Relating to requirements to vote, including presenting proof of identification; providing criminal penalty to elections. HB250 by Hilderbran. Relating to requiring a voter to present proof of identification to elections. HB369 by Hochberg. Relating to procedures concerning verification of certain information submitted in a voter registration application to elections. HB401 by Smith of Tarrant. Relating to requiring a voter to present proof of identification. HB439 by Smith. Relating to the authority of the Department of Public Safety of the State of Texas and certain local law enforcement agencies to establish a checkpoint on a highway or street to determine whether persons are driving while intoxicated to election. HB624 by Bonnen. Relating to requiring a voter to present proof of identification to elections. HB715 by Hochberg. Relating to automatic voter registration on issuance or change of a driver's license or identification card by the Department of Public Safety to elections. HB1596 by Isaac. Relating to documentation acceptable as proof of identification for voting to elections. HB1912 by Bonnen. Relating to transferring the Texas Department of Rural Affairs to the Office of Rural Affairs within the Department of Agriculture and abolishing the board of the Texas Department of Rural Affairs to government efficiency and reform.

REPRESENTATIVE VAN TAYLOR: The House stands adjourned until 10:00 a.m. this morning. (Adjourned.)