House Transcript, March 28, 2011

REPRESENTATIVE JOE STRAUS: Have all registered? Have all registered? Quorum is present. The House and gallery please rise for the invocation. The Chair recognizes Representative Hardcastle.

REPRESENTATIVE PATRICIA HARLESS: Thank you, Mr. Speaker. Members, let's pray together. Dear Lord, we come to you today asking that you give us guidance, you give us patience and you gives us wisdom to do our jobs. We ask a special prayer today for our colleagues who're hurting in one form or fashion, and that you will hold them up and be with them in their time of need. Lord, we ask that you be sure to keep us civil to each other, and to the process. We ask all these things in Jesus' name. Amen.

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

REPRESENTATIVE ERWIN CAIN: Mr. Speaker, members, distinguished guests, please rise with me as we say the pledges to the greatest country and the greatest state flag in the world. [PLEDGES READ]

REPRESENTATIVE JOE STRAUS: Excuse Representative Castro because of important business in the district, on the motion of Representative Walle. Is there objection? Hearing none. So ordered. Representative Cain moves that reading and referral bills be suspended until the end of today's business. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Brown to introduce our Doctor of the Day.

REPRESENTATIVE FRED BROWN: Thank you, Mr. Speaker and members, today's two-for-one day at the Capitol. Today we have Dr. Davis with us from College Station, who is currently practicing as Chief Resident of the Texas A&M Family Medicine Residency Program, and he's here today with his attending physician, Dr. John Simmons. And so, if you have a need, we have two doctors for you today. Madam Doorkeeper.

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

REPRESENTATIVE JOE STRAUS: Admit the messenger.

MESSENGER: Mr. Speaker, I am directed by the Senate to inform the House that the Senate has taken the following actions.

THE CHAIR: Please excuse Representative Allen on important family business, by Representative Deshotel. Is there any objection? Chair hearing none. So ordered. If I could have your attention? Chair recognizes Representative Ritter.

REPRESENTATIVE ALLAN RITTER: Thank you, Mr. Speaker. Members, I move to suspend all necessary rules to take up and consider HR 1038 recognizing Leadership Southeast Texas Day.

THE CHAIR: Members, you have heard the motion. Is there any objection? Chair hears none. So ordered. Chair lays out HR 1038. Chair -- Clerk will read the resolution in full.

THE CLERK: HR 1038 by Ritter. WHEREAS, Members of Leadership Southeast Texas representing more than 100 Southeast Texas businesses, organizations, and governmental entities are visiting the State Capitol on March 28, 2011; and WHEREAS, An educational nonprofit corporation serving the region that includes Chambers, Hardin, Jasper, Jefferson, Liberty Newton, Orange, and Tyler Counties and the Bolivar Peninsula of Galveston County, Leadership Southeast Texas was founded in 1992 to identify and motivate leaders in the area and provide opportunities for leadership development and networking among decision makers and stakeholders, as well as contribute to regional economic advancement; and WHEREAS, This exemplary program boasts an impressive membership of 898 graduates who currently reside and work in 101 cities across Texas, 26 states, and Europe, Iraq, China, and Panama and who serve as ambassadors for Southeast Texas and the entire Lone Star State through more than 512 business affiliations; and WHEREAS, Leadership Southeast Texas promotes a better understanding of communities in the area by identifying and studying timely issues that are significant to ongoing business development and by encouraging innovative approaches to those issues and professional interaction and communication with prominent state leaders; and WHEREAS, In today's global society, communities are increasingly impacted by national and international economic forces, making it even more essential to stay fully informed and involved; local communities are often on the front lines of change and input is especially valuable as citizens work to establish the foundations for future progress; by viewing opportunities and challenges on a regional and statewide basis, individual cities and counties can often more successfully address them; and WHEREAS, The interdependence of the communities of Southeast Texas has been demonstrated by the continuing impact from Hurricanes Rita, Humberto, and Ike in 2005, 2007, and 2008; Moreover, in a region whose natural and energy resources play such major roles in the national and world economies, it is even more imperative that communities appreciate how they support each other and WHEREAS, Recognizing that the future of the region will be determined by its young people, the group launched Youth Leadership Southeast Texas in 2011; this new initiative is a call to civic action that strives to encourage the development of leadership skills in diverse student populations and to increase understanding between students from different schools and communities; and WHEREAS, With 94 participants from 34 high schools in 10 counties, plus 40 faculty liaisons and 75 regional business members, the day-long inaugural Youth Conference enabled students to learn important leadership skills and ended with each school's students choosing a community project that they will implement as a way to improve the quality of life in their hometowns; and WHEREAS, For 19 years, Leadership Southeast Texas Day has provided an opportunity for alumni and new members to celebrate the achievements of Southeast Texas, and it is a privilege to recognize these civic-minded men and women for their substantial contributions to the betterment of the Lone Star State; now therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby recognize March 28, 2011, as Leadership Southeast Texas Day at the State Capitol and extend to the members of the visiting delegation best wishes for a productive and celebratory day and for continued success in all their endeavors; And, be it further RESOLVED, That an official copy of this resolution be prepared for the participants in Leadership Southeast Texas as an expression of high regard by the Texas House of Representatives.

THE CHAIR: Chair recognizes Representative Ritter.

REPRESENTATIVE ALLAN RITTER: Thank you, Mr. Speaker. Members, I ask that you join me in welcoming to the House of Representatives the members of the Leadership Southeast Texas who are here today to celebrate Leadership Southeast Texas Day at the Capitol. We have the LSET delegation seated in the gallery, and a few of the members up behind us on the dais. We commend all of you for your hard work that you do, and your dedication to our community. Thank you so much for being in your Capitol.

THE CHAIR: Chair recognizes Representative Hamilton.

REPRESENTATIVE MIKE HAMILTON: Thank you, Mr. Giant. Mr. Speaker. We are told today that (inaudible) is the giant of the House of Representatives. But we would like to welcome on the dais today (inaudbile) LSET Austin Chair from Beaumont. Kimberly Bernard LSET Co-chair. Commissioner Martin Nash from Tyler County. Dr. John E. Brown from the school district and Bob Hammer, CEO of Mobile L. Credit Union. Welcome to the House.

THE CHAIR: Chair recognizes Mr. Hamilton for the adoption of the resolution.

REPRESENTATIVE MIKE HAMILTON: Move adoption.

THE CHAIR: Members, you heard the motion. Is there objection? Chair hears none. So adopted. Chair moves to add all members' names to the resolution. Is there objection? Chair hears none. So ordered. Members, Ms. Thompson has a very important announcement. Please pay attention. Chair recognizes Ms. Thompson.

REPRESENTATIVE SENFRONIA THOMPSON: Mr. Speaker and members, I regret to say that one of our colleagues, Representative M. Allen's husband expired this morning. I don't know whether you were aware or not, but he had been ill for a considerable period of time and he had been on life support. This is a person whom she had been married some 50 odd years. And the family has been wrestling with the idea of whether or not, for some period of time, to go ahead on and allow him expire some time ago. But, you know, when you have children, and even when you know death is imminent it is difficult to let go. I think the family decided this morning that the time had arrived, and they allowed him to go and see his maker. I would like to ask you to keep their family in prayer, to keep our colleague in prayer. You know, that's something that she has been wrestling with this entire session. And just knowing the workload each of you has been working toward, coupled with something as strenuous as a person that you have been a mate to for some 50 odd years is even more challenging. I hope that you remember that during this session, as she walked a very difficult past, of the memory lane of the times that she had with him some 50 odd years, and continued to do the work of the people who sent her here. I have been a part of this body for so long, and you have been so wonderful for so many years, I'm asking you to continue what you have been accustomed to doing and keep her uplifted in prayer, because this is the time that she needs it. Thank you.

THE CHAIR: Members, we will observe a moment of silence for the Allen family. Thank you members. Thank you, Ms. T. Chair recognizes Mr. Hunter.

REPRESENTATIVE TODD HUNTER: Mr. Speaker, members, the Committee on Calendars will meet upon adjournment today, March 28th. Place 3W15. 3W15. This will be a formal meeting to consider a calendar.

THE CHAIR: 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 No. 850 honoring Ashley Melnick, Miss Texas, 2010; and Madison Fuller, Miss Teen Texas, 2010.

THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Chair lays out HR 850. Clerk will read the resolution.

THE CLERK: HR 850 by Burkett. WHEREAS, Ashley Melnick, Miss Texas 2010, and Madison Fuller Miss Teen Texas 2010, are visiting Austin to celebrate Miss Texas Day at the State Capitol on March 28, 2011; and. WHEREAS, A native of Fort Worth, Ashley Melnick is a broadcast journalism major at Texas Christian University, where she is on the dean's list and is a recipient of a TCU Academic Merit Scholarship; she is a member of the Student Foundation and covers state and national government news for the Daily Skiff, the student newspaper; and WHEREAS, Ms. Melnick graduated from high school with Texas Scholars distinction and was a member of the National Honor Society; a talented musician, she received the Music School of Delaware Jacqueline Beach Faulcon Scholarship, and she is a worship music leader; affiliated with the Autism Society of America, she is acting as an autism spokesperson during her tenure as Miss Texas; And WHEREAS, Madison Fuller is from Fairfield, where she attends Fairfield High School; she was selected for the Duke University Talent Identification Program and received the President's Award for Academic Excellence; in addition, she took first place in the University Interscholastic League oral reading competition; and WHEREAS, Ms. Fuller wrote and illustrated a children's book on how to deal with bullying, and she has made the alleviation of bullying the platform of her tenure as Miss Teen Texas; her other activities include varsity cheerleading, volunteering for the Camp of the Rising Sun, and serving as president of Future Farmers of America Greenhand; she has performed onstage in Branson, Missouri and she plans to earn a degree in journalism and become a broadcast journalist; and WHEREAS, Ashley Melnick and Madison Fuller are outstanding young Texans and admirable representatives of the Lone Star State and they are indeed worthy of special recognition; now, therefore Be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby recognize March 28, 2011, as Miss Texas Day at the State Capitol and extend to Miss Texas Ashley Melnick and Miss Teen Texas Madison Fuller sincere best wishes for continued success and a bright future.

THE CHAIR: Chair recognizes Representative Burkett.

REPRESENTATIVE CINDY BURKETT: Thank you, Mr. Speaker. I move adoption of House Resolution 850.

THE CHAIR: Members, you've heard the motion. Any objection? Chair hears none. So ordered. Chair recognizes Representative Burkett.

REPRESENTATIVE CINDY BURKETT: Thank you Mr. Speaker. Members, the Miss Texas competition exists for the purpose of providing personal and professional opportunities for young Texas women, and promoting their voice in culture, politics and community. The competition was founded in 1936 by a group of civic minded citizens concerned about higher education. The first Miss Texas Scholarship Pageant has evolved into what is recognized today as one of the best organized and well managed of all state pageants. I might add that's it's entirely run by volunteers. The Miss Texas Competition provides a statewide forum for today's young women to express their viewpoints, talents and accomplishments to Texas audiences the evening of the telecast and to the public at large during the ensuing year. Almost all the contestants have either received or are in the process of earning post graduate degrees and utilize the Miss Texas Scholarship Award for furthering their education. Hundreds of young women participate each year in the local pageants, culminating in the selection of local finalists who vie for the Miss Texas title each July. Now, up in the gallery we have a whole group of those young ladies. Please stand up and be recognized as well. These ladies are from all over the state. And, as previously mentioned, on the dais, please help me in welcoming Miss Ashley Melnick as Miss Texas, 2010. Wave your hand, Ashley. She's preoccupied. And then we have Madison Fuller, who is Miss Teen Texas, 2010. Thank you all for being here and welcome to your State Capitol.

THE CHAIR: The Chair recognizes Representative Dutton.

REPRESENTATIVE HAROLD DUTTON: Mr. Speaker and members, I move to suspend all necessary rules to take up and consider House Resolution Number 1060, which honors the Knights of the Saint Peter Claver and its members in Court Number 72 on their 19th Annual Scholarship Luncheon and Fashion Gala on April 2nd, 2011.

THE CHAIR: Members, you've heard the motion. Are there any objections? The Chair hears none. So ordered. The Chair lays out HR 1060.

THE CLERK: HR 1060 by Dutton. Commemorating the 19th Annual Scholarship Luncheon and Fashion Gala hosted by the Knights of Peter Claver and its Ladies Auxilliary Council at Court Number 72.

THE CHAIR: Members, you've heard the motion. Are there any objections? The Chair hears none. So ordered. The Chair recognizes Representative Dutton.

REPRESENTATIVE HAROLD DUTTON: I move adoption of the resolution, members.

THE CHAIR: Members, you've heard the motion is there any objection? The Chair hears none. So ordered. Is Mr. Rodriguez on the floor of the House? Chair recognizes Mr. Rodriguez.

REPRESENTATIVE EDDIE RODRIGUEZ: Thank you, Mr. Speaker. I move to suspend all necessary rules and take up and consider House Resolution No. 866.

THE CHAIR: Members, you've heard the motion. Is there objection? Chair hears none. Chair lays out HR 866 and the clerk will read the resolution in full.

THE CLERK: HR 866 by Rodriguez, in memory of Denis Jay Guenin of San Antonio.

THE CHAIR: Chair recognizes Representative Rodriguez.

REPRESENTATIVE EDDIE RODRIGUEZ: Move adoption.

THE CHAIR: Members, you've heard the motion. Is there objection? Chair hears none. So moved. Chair recognizes Representative Jackson for a motion.

REPRESENTATIVE JIM JACKSON: Mr. Speaker, members, I move to suspend all necessary -- suspend the five day posting rule, and all necessary rules, to allow the Judiciary and Civil Jurisprudence Committee to take up and consider House Bill 3673 at 2:00 p.m., or upon adjournment, on March 28th, 2011, in E2.010.

REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. If you have any announcements, bring them down front. Chair recognizes Representative Smith for a motion.

REPRESENTATIVE TODD SMITH: Members, I would like to suspend all rules for the five-day posting rule to allow the Committee on Environmental Regulation to consider House bill 1933 at 1:30 p.m., or upon final adjournment or recess; Wednesday, March 30, 2011, in room E2.030. Move passage.

REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Following announcements the clerk will read the announcement.

THE CLERK: The Committee on Environmental Regulation will meet at 1:30 p.m. or upon final adjournment on recess on Wednesday, March 30th, 2011, at E2.030. This will be a public hearing to consider HB 1933 and the previously posted agenda. The Committee on Judiciary and Civil Jurisprudence will meet at 2:00 p.m., or upon adjournment, on March 28th, 2011; at E2.010. This will be public hearing to consider HB 7673 and previously posted agenda. The Committee on Higher Education will meet upon adjournment on March 28th, 2011, in the House Chamber at desk No. 94. This will be am formal meeting to consider pending business. The Committee on Calendars will meet upon adjournment today, March 28th, 2011, at 3W.15. This will be a formal meeting to consider a calendar.

THE CHAIR: Members, are there any further announcements? Members, your amendments to HB 4 and HB 275 should be thrown in the mailbox in the next hour. The following announcement. The clerk will read the announcement.

THE CLERK: The Committee on Culture, Recreation and Tourism will meet upon adjournment on March 28th, 2011, at Desk No. 16, Representative Guillen's desk. This will be a formal meeting to consider pending business.

THE CHAIR: Members, a reminder: Your amendments for HB 1 are due at 10:00 a.m. tomorrow. Chair recognizes Representative Taylor.

REPRESENTATIVE VAN TAYLOR: Thank you, Mr. Speaker. Members, the Republican Caucus will be meeting tomorrow morning at 10:00 a.m. in Reagan 140 to discuss the budget. Republican Caucus, 10:00 a.m. tomorrow morning. Thank you.

THE CHAIR: Members, if there are no further announcements Representative Thompson moves that the House stand adjourned pending reading and referral of bills, until noon tomorrow in memory of Laurence Alvin Allen, Sr. of Houston; husband of Representative Alma Allen, who passed away this morning. House stands adjourned. The following bills, the first reading and referral.

THE CLERK: HB 3810 by Fletcher. Relating to the creation of Harris County Improvement District No. 22; providing authority to levy an assessment, impose a tax, and issue bonds. HB 3811 by Gallego. Referred to County Affairs. Relating to the annual audit of the books and records of the Big Bend Regional Hospital District. HB 3812 by Howard, Charlie. Referred to Natural Resources. Relating to the powers and duties of the Imperial Redevelopment District; providing authority to impose a tax and issue bonds. HB 3813 by Isaac. Referred to Natural Resources. Relating to the Hudson Ranch Fresh Water Supply District No. 1. HB 3814 by Rodriguez, Eddie. Referred to Natural Resources. Relating to certain financial powers and duties of the Travis-Creedmoor Municipal Utility District. HB 3815 by Lewis. Referred to County Affairs. Relating to the authority of the Ector County Hospital District to employ and commission peace officers. HB 3816 by Hardcastle. Referred to County Affairs. Relating to the authority of the board of directors of the Nocona Hospital District to employ physicians and other health care providers. HB 3817 by Hardcastle. Referred to County Affairs. Relating to the authority of the Gainesville Hospital District to employ physicians and other health care providers. HB 3818 by Geren. Referred to Natural Resources. Relating to a limitation on production fees on groundwater withdrawals assessed by the Northern Trinity Groundwater Conservation District. HB 3819 by Crownover. Referred to Urban Affairs. Relating to the creation of the Valencia Municipal Management District No. 1; providing authority to levy an assessment and issue bonds. HB 3820 by Giddings. Referred to Pensions, Investments & Financial Services. Relating to a consumer's option to prevent the sale of the consumer's financial information by a financial institution; providing a civil penalty. HB 3821 by Eiland. Referred to Natural Resources. Relating to temporary directors and the continuation in existence of the Bolivar Yacht Basin Water Control and Improvement District No. 1 of Galveston County. HB 3822 by Workman. Referred to Natural Resources. Relating to land excluded from the Hill Country Priority Groundwater Management Area. HB 3823 by Thompson. Referred to Homeland Security & Public Safety. Relating to the regulation of certain telecommunicators; providing penalties. HB 3824 by Eiland. Referred to Transportation. Relating to the board of directors of the Cedar Bayou Navigation District. HB 3825 by Phillips. Referred to Corrections. Relating to the Fannin County Juvenile Board. HB 3826 by Eiland. Referred to Transportation. Relating to the board of directors of the Cedar Bayou Navigation District. HB 257 by Hildebran. Referred to Ways and Means. Relating to the periods for presumed abandonment of certain unclaimed personal property. HB 3472 by Patrick, Diane. Referred to Pensions, Investments and Financial Services. Relating to the ethics and financial disclosure requirements of members of the governing board, officers, and employees of certain public retirement systems and officers and employees of a nonprofit corporation for investment of the permanent university fund. HB 3604 by Smithee. Referred to Insurance. Relating to enforcement of certain insurance provisions in construction contracts.

THE CHAIR: Members, the House stands finally adjourned until noon tomorrow.