JOE STRAUS: House will come to order. Members, please register. Have all registered? Have all registered? Quorum is present. The House and gallery please rise for the invocation. The Chair recognizes Representative Miller to introduce our Pastor of the Day.
REPRESENTATIVE DOUG MILLER: Thank you Mr. Speaker, members, honored guests; thanks for coming today. I have the distinct honor and privilege and pleasure of introducing my pastor, and not only a pastor to me and my family, but also a good friend. He's prayed for me many times. In fact, he just reminded me that he came to the hospital and prayed for me back in January, which I really do appreciate. And so please help me welcome the pastor from the Oakwood Baptist Church, Pastor Ray Steele.
PASTOR RAY STEELE: Good morning. Let's pray together. Lord, we come before you on this beautiful day and we thank you, Lord, for another day and for another opportunity, Lord, to do your work. And, Lord, I pray for each of the ladies and gentlemen of the jury that make up this body. Lord, I pray that you will strength them, Lord, in these intense days. Lord, that when they lay down at night weary from a long day, I pray that you give them rest and replenish and refresh them for a new day to serve, Lord, this great state. We pray for their families, Lord, we pray that you would protect them and keep them safe in this dangerous world. And, Lord, in any of us where you find pride, Lord, we pray that you would replace it with humility. Lord, any indifference in our hearts, Lord, give us compassion. Any anxiety and fear, Lord, give us your peace that surpasses all understanding. And, Lord, we pray for the people of this state. Lord, we pray for all the people, for the young and for the old, for the haves and the have nots. Lord, for those whose lives that are full of friendship and relationships and those that are lonely today and discouraged today. Lord, I pray that you would find all of us being your hands and your feet, sharing your compassion and your love. Lord, may you find in us, as you told us in your word, in that royal commandment, Lord, to love others as you have loved us and to care for our neighbors. Lord, give these ladies and gentlemen wisdom and strength that they may run and not grow weary, that they may walk and not faint. And we pray all this in the name of time the Lord Jesus Christ, my Lord. Amen. Thank you.
JOE STRAUS: Chair recognizes Representative Phillips to lead us in the pledge.
REPRESENTATIVE LARRY PHILLIPS: Would you join me in our pledge to our nation's flag?
(Pledge of Allegiance to our state's and United States' flag.)
JOE STRAUS: Excuse Representative Geren because of illness, on the motion of Representative Harless. Is there objection? Chair hears none. So ordered. Representative Phillips moves that the hosses suspends the reading and referral of bills until the end of today's business. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Hardcastle.
REPRESENTATIVE RICK HARDCASTLE: Thank you Mr. Speaker. Members, I know a lot of you have been interest in the wildfire update, and we only have seven fires that are active this morning. Yesterday, we had twelve different fires scattered all the way from Pecos region, all the way to Tom Green County, Cooke County and Kemp County. This morning there are only seven of them active, and we will continue to update you, but we are still in a serious drought and every fire department in this state is on call because of the wind and the dry conditions. Thank you, Mr. Speaker.
JOE STRAUS: Chair recognizes Representative Hopson.
REPRESENTATIVE CHUCK HOPSON: Speaker, members, it's a great pleasure to me to recognize the people from Pinoa County down for Pinoa County Day. If you people from Pinoa County would stand up, and we welcome you to your Capitol. Thank you very much for being here today.
JOE STRAUS: Excuse Representative Zerwas because of important business in the district, on the motion of Representative Sarah Davis. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Murphy for a motion.
REPRESENTATIVE JIM MURPHY: Thank you Mr. Speaker. Members, I move to suspend all necessary rules to take up and consider House Resolution 1131 recognizing Realtor Appreciation Day.
JOE STRAUS: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Chair lays out HR1131. The clerk will read the resolution.
CLERK: HR1131 by Murphy. WHEREAS, Throughout its history, the State of Texas has maintained a commitment to the principle of private property rights, and since its creation in 1920, the Texas Association of REALTORS and its members have supported this vital principle; and WHEREAS, Each day, REALTORS provide valuable professional Services that enable their fellow Texans to buy, sell, lease Develop, and manage real estate in a knowledgeable and confident Manner, while helping to preserve the free enterprise system and the right to own real property; and WHEREAS, Over the years, Texas REALTORS have worked diligently within the regulatory process to promote and raise their business practices, and the term "REALTOR" has come to stand for competence, fairness, and integrity; and WHEREAS, The more than 80,000 members of the Texas Association of REALTORS have consistently supported responsible government as well as the entrepreneurial spirit that is the backbone of our state's economy, and its members are indeed worthy Of special recognition at this time; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby recognize April 12, 2011, as REALTOR Appreciation Day at the State Capitol and extend a warm welcome to the members of the Texas Association of REALTORS who are visiting on this day; and, be it further RESOLVED, That an official copy of this resolution be prepared for the Texas Association of REALTORS as an expression of high regard by the Texas House of Representatives.
JOE STRAUS: Chair recognizes Representative Murphy.
REPRESENTATIVE JIM MURPHY: Thank you Mr. Speaker. Members, behind me on the dias this morning I would like to introduce a couple of people to you from the Texas Association of Realtors Leadership Team. We have Dwight Hail, the 2001 chairman. We have Joe Stewart the 2001 Chairman Elect. We have Chad Boggarty* from -- is the 2011 Secretary Treasurer. And Travis Kessler* is the Chief Executive Officer. And then up in the gallery I think we might have a few realtors from around the state. Would you please stand and be recognized, realtors? That's very nice. Welcome to your House. Glad to have you here. Thank you very much. Mr. Speaker, given the level of support right now I thought I might introduce a couple of my bills, but I won't. I'm joined here by a number of my colleagues, and at this point I would be happy to yield, if any of them wish to offer their greetings to the group from the Texas Association of Realtors. We're done. Move passage.
JOE STRAUS: Members, you heard the motion. Is there objection? Chair hears none. So ordered. Representative Phillips, for what purpose?
REPRESENTATIVE LARRY PHILLIPS: Mr. Speaker , on behalf of my wonderful Grayson County realtors I would move to add all members' names.
JOE STRAUS: Members, you heard the motion. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Christian.
REPRESENTATIVE WAYNE CHRISTIAN: Thank you, Mr. Speaker. I move consideration and adoption of House Resolution 325.
JOE STRAUS: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Chair lays out House Resolution 325. Clerk will read the resolution.
CLERK: HR325 by Christian. WHEREAS, Malcolm Samuel Weaver of Center is visiting the State Capitol on REALTOR Day, April 12, 2011, and this occasion provides a fitting opportunity to recognize his professional achievements and community service; and WHEREAS, Born in Center on June 5, 1918, Mr. Weaver is the son Of Stella and Marion Weaver; he graduated from Center High School and attended the University of Texas at Arlington; during World War II, he served his country in the Army Corps of Engineers, and while stationed in England he met his future wife, the former Constance Mary Stanley; and WHEREAS, Mr. Weaver became the head of the family business, Weaver Brothers Lumber Company, and built custom homes and poultry houses throughout East Texas; later, he changed careers, founding Town & Country Real Estate in 1966, and this firm has now prospered for more than four decades; Mr. Weaver earned Certified Real Estate Brokerage Manager and Certified Residential Specialist Designations from the National Association of REALTORS, and he served as director of the Texas chapter of the REALTORS Land Institute and as president of the Piney Woods Board of REALTORS; for more than a half-century, he has served as a director of Farmers State Bank in Center; and WHEREAS, Deeply committed to his community, Mr. Weaver has benefited numerous worthwhile organizations through his Leadership; in addition to his service as president of the Shelby County Chamber of Commerce and the Center Rotary Club, he Distinguished himself as the first president of the Shelby County Historical Society and the Sons of the Republic of Texas, Center Chapter; for more than 40 years, Mr. Weaver has served as an elder of First Christian Church, where he also served as Chair of the Church board; and WHEREAS, This esteemed Texan is supported in all his Endeavors by the love and devotion of his children, Mary and Mark, and his six grandchildren; and WHEREAS, Through the years, Malcolm Weaver has contributed immeasurably to the people and communities of East Texas, both as a businessman and as a civic leader, and he has earned the admiration And affection of all who are privileged to know him; now, therefore be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby welcome Malcolm Samuel Weaver to the State Capitol on the occasion of REALTOR Day and honor him for a lifetime Of service to his fellow citizens; and, be it further RESOLVED, That an official copy of this resolution be prepared for Mr. Weaver as an expression of high regard by the Texas House of Representatives.
REPRESENTATIVE EDDIE LUCIO III: Chair recognizes Representative Christian.
REPRESENTATIVE WAYNE CHRISTIAN: Thank you, Mr. Speaker. Members, Mr. Malcom Weaver, who is on the dias today, is one of those historic figures in Texas. He's a gentleman who is kind of long and tall and strong and bold, and when Mr. Malcolm says something folks usually listen. I remember back hearing the story in the resolution it mentioned that during World War II Mr. Malcolm, as many brave young Texans did, gave up his Texas University education in midstream and went to Europe to serve us during World War II. And there he met a beautiful lady, Miss Connie, who was his bride. And Miss Connie was a lady of English heritage, spoke the proper English language and (inaudible) Texas, much like Mr. Malcolm would say something and Miss Connie would be the gentle figure in that marriage. Mr. Malcolm also spent years developing business for East Texas. Three or four gentleman got in a car one day after World War II, because we couldn't make a living after he came home from World War II because there was no industry in our East Texas area Mr. Malcolm and two other gentleman drove and found a business called raising chickens. And Mr. Malcolm was one of the three individuals that established the poultry industry and one of the major industries now for the entire East Texas area, and one of the major industries now for the State of Texas, because this man took the time to think about his neighbors and bring that industry to Texas. He's a gentleman who has been for over 50 years as a Realtor. In 1966, I was 16 years old, Mr. Malcolm opened the real estate business in Shelby County. He's been a senior member of the Texas Realtors Association and a gentleman who is respected wheresoever he goes. And I want to thank you, members, today for allowing him to be introduced in this House; Mr. Malcolm S. Weaver. And, Mr. Speaker, I move adoption.
REPRESENTATIVE EDDIE LUCIO III: Members, you've heard the motion. Is there any objection? Chair areas none. So ordered. Chair recognizes Representative Pena.
REPRESENTATIVE AARON PENA: Members, I move to suspend all necessary rules to take up and consider HR381, recognizing Emilio De Los Santos III of Rio Grande Valley.
REPRESENTATIVE EDDIE LUCIO III: Members, you've heard the motion. Is there any objection? Chair areas none. So ordered. Chair lays out House Resolution 381. The clerk will read the resolution.
CLERK: HR381 by Pena. WHEREAS, Emilio De Los Santos III has been chosen as the 2010 recipient of the Dan Garcia Memorial Achievement Award presented by The Veterans County Service Officers Association of Texas; and WHEREAS, This prestigious annual honor recognizes the accomplishments of a county veterans service officer or assistant officer who has performed above and beyond the call of duty, who has been involved in all aspects of veterans' affairs, and who has been active in the community the officer serves; honorees must also display a record of continuing education and a patriotic spirit; And WHEREAS, Mr. De Los Santos earned the commendation as a result of his notable work to assist veterans in South Texas in achieving improved access to medical care and other services; he has been a leader in the movement to establish a U.S. Department of Veterans Affairs hospital in the Rio Grande Valley so that veterans who live in the area do not need to make a five-hour trip to San Antonio for appointments; moreover, he helped galvanize local support for Proposition 8, a Texas constitutional amendment passed In 2009 to authorize funding for the construction and operation of VA hospitals; with the Veterans Alliance of the Rio Grande Valley he has contributed to the creation of a VA health care center in Harlingen, and he continues to press for a full-service facility in The region; and WHEREAS, Mr. De Los Santos has been the director of the Hidalgo County Veterans Service Office since 2002; in that role, he helps veterans and their family members in preparing claims for compensation, insurance, pensions, educational benefits, and medical care, and he helps them with appearances at Board of Veterans' Appeals hearings; he also raises awareness about programs and benefits available for former service members through public speaking engagements and organizes outreach initiatives such as veteran enrollment fairs and welcome-home celebrations for returning military personnel; and WHEREAS, Committed to keeping elected officials in Austin and Washington informed of the needs of those he serves, Mr. De Los Santos has testified before the Texas Legislature and the United States Congress and promoted state legislation related to a Homestead exemption for disabled veterans; he is a member of the regional board of directors of the Veterans County Service Officers Association of Texas and received the Outstanding Service Officer Of the Year award in 2007; in addition, he was recently appointed by President Obama to the Selective Service System Local Board, and in 2010 he was chosen to be part of the VISN 17: VA Heart of Texas Health Care Network Veterans Advisory Board; and WHEREAS, A U.S. Army veteran who served during the Vietnam War era, Mr. De Los Santos was employed for three decades by the Weslaco Independent School District; he holds a Master's degree in Education and has also worked as Region One Adult Basic Education Service Center director; he has further distinguished himself as President of the Weslaco Mid Valley Lions Club, as commander of VFW Post 10464 in Weslaco, and through his involvement in Weslaco Youth Sports leagues; and WHEREAS, The dedication and enthusiasm Emilio De Los Santos Has brought to his pursuits have made a positive difference in the lives of numerous Rio Grande Valley residents who valiantly served their nation in the armed forces, and his efforts in their behalf are truly deserving of recognition; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby honor Emilio De Los Santos III on being chosen as the recipient of the 2010 Dan Garcia Memorial Achievement Award Presented by the Veterans County Service Officers Association of Texas and extend to him sincere best wishes for continued success; And, be it further RESOLVED, That an official copy of this resolution be prepared for Mr. De Los Santos as an expression of high regard by The Texas House of Representatives.
REPRESENTATIVE EDDIE LUCIO III: The Chair recognizes Representative Pena.
REPRESENTATIVE AARON PENA: Thank you, members, please allow me to take a moment to recognize a great Texan from the Rio Grande valley, Emilio De Los Santos. Mr. De Los Santos, won't you please stand up? Emilio recently received the Memorial Achievement Award presented by the Veterans County Service Officers Association of Texas, which recognizes the accomplishments of a county veteran officer who has performed above and beyond the call of duty and has been active in all respects of veterans affairs. He served as the director of Hidalgo County Veterans Office since 2002 and has helped countless family members by working as an expert on veteran affairs. He testified before the Veterans Defense Committee and also before the United States Congress to increase the awareness of the vast number of veterans we have in the Rio Grande Valley and what we can do together to bring back services for them. Recently -- Actually, over the last couple of years, he has worked very hard to bring the veterans of the valley, a veterans hospital, and has been very constructive in that movement. He's helped pass Proposition 8, a constitutional amendment passed in 2009, which authorized the funding for construction of VA Hospitals. Members, please, give a round of applause to Mr. De Los Santos for his continuing dedication to our veterans in the State of Texas. Thank you, Mr. De Los Santos. One last item: The valley delegation has a flag to present to you for your service. And, again, we thank you for everything that you've done. I move passage.
REPRESENTATIVE EDDIE LUCIO III: The question occurs on adoption of the resolution. Is there objection? The Chair hears none. The resolution is adopted. Representative Munoz moves to add all members' names to resolution. Is there objection? Chair hears none and it is so ordered. Chair recognizes Representative Murphy.
REPRESENTATIVE JIM MURPHY: Thank you, Mr. Chairman. At this time I'd like to move to suspend all necessary rules to take up and consider House Resolution 852 and House Resolution 853.
REPRESENTATIVE EDDIE LUCIO III: Is there objection to suspension of the rules? The Chair hears none and the rules are suspended. Chair lays out the following resolutions. Clerk will read the resolutions.
CLERK: HR852 by Murphy. WHEREAS, Ann Woodroof of Houston has received the 2010 John E. Wolf Citizenship Cup Award from the Houston Association of REALTORS; and WHEREAS, This prestigious award is presented annually to an HAR member who makes an outstanding contribution to the community through charitable work or activity with service organizations; and WHEREAS, A native Houstonian, Ms. Woodroof is an agent with Prudential Gary Greene REALTORS and serves as the firm's fund-raising director; Ms. Woodroof has dedicated countless hours to planning the Craig Biggio Sunshine Kids Celebrity Gala and Golf Classic, the top fund-raiser in the nation for the Sunshine Kids, a Foundation that provides positive group activities to children with Cancer; under her leadership, the Prudential Gary Greene team has Raised more than $3 million for the foundation; and WHEREAS, Ms. Woodroof's connection with the children she Serves has extended to many rewarding personal relationships, and she has assisted one young cancer survivor in developing his own triumph Over Kid Cancer organization; and WHEREAS, This dynamic woman is also a member of the Italian-American women's association, Donne di Domani, which raises awareness of Italian culture and heritage, and participates Each year in the sale of the organization's marinara sauce for charity at the Nutcracker Market; and WHEREAS, Ms. Woodroof is a leader in her profession as well; She has served as chair of the Multiple Listing Service and as a director of both the Texas Association of REALTORS and the National Association of REALTORS; and WHEREAS, With the love and support of her husband, Mark, and her two sons, Matt and Brett, Ann Woodroof has proven herself to be both an outstanding real estate professional and a caring and compassionate community leader; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby congratulate Ann Woodroof on her receipt of the 2010 John E. Wolf Citizenship Cup Award from the Houston Association of REALTORS and extend to her sincere best wishes for continued success and happiness; and, be it further RESOLVED, That an official copy of this resolution be prepared for Ms. Woodroof as an expression of high regard by the Texas House of Representatives. REPRESENTATIVE EDDIE LUCIO, III: The clerk will continue reading the resolutions. HR853 by Murphy. WHEREAS, Ed Wolff of Houston has been named the 2010 REALTOR of the Year by the Houston Association of REALTORS; and WHEREAS, A fourth-generation Houstonian, Ed Wolff joined his mother's firm, Beth Wolff Realtors, after graduating from Louisiana State University; today, he is the president of the company and a leader in the Houston real estate community; and WHEREAS, Widely respected by his peers, Mr. Wolff has served On the boards of HAR, the Texas Association of REALTORS, and the American chapter of the International Real Estate Federation (FIABCI), and he played an important part in bringing the World Congress of the FIABCI to Houston in 2004; as a certified International property specialist, he has shared his expertise with audiences around the world; and WHEREAS, Despite his busy professional life, Mr. Wolff has given generously of his time and talents to a number of worthy Causes, especially Texas Children's Hospital and the nonprofit group It's My Heart, which assists those affected by heart defects; He is also active in the LSU Alumni Association; this esteemed Texan has been recognized by the Houston Business Journal as one of the City's top 40 leaders under the age of 40, and in 2008, HAR Conferred on him its prestigious John E. Wolfe Citizenship Cup Award; and WHEREAS, Through his skill, dedication, and commitment to excellence, Ed Wolff has become known as a leader in his profession And has made significant contributions to the community at large now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby congratulate Ed Wolff on his selection as the 2010 REALTOR of the Year by the Houston Association of REALTORS and extend to him sincere best wishes for continued success and happiness; and, be it further RESOLVED, That an official copy of this resolution be prepared for Mr. Wolff as an expression of high regard by the Texas House of Representatives.
REPRESENTATIVE EDDIE LUCIO III: The Chair recognizes Representative Murphy.
REPRESENTATIVE JIM MURPHY: Thank you Mr. Lucio and members, it's really an honor to be able to recognize a couple of my friends who are up here on the dias with us for their accomplishments being recognized by the Houston Association of Realtors. Joining me up here on the mike are a couple of our Houston colleagues, Representative Woolley, Representative Bohac and Representative Vo who want join me congratulating Ann and -- What I want to -- and Representative Harless has joined us. I want to recognize Ann, raising $3 million for the Craig (inaudible) Sunshine Kids is really an incredible accomplishment. And thank you, folks. And her whole firm and anybody who gets Realtor Magazine probably supports that effort. And then I want to also note that we've got Ed Wolfe up here, who has done a great job taking over the family business and growing it. When people are recognized for these kinds of accomplishments it's important that we take a moment to say a job well done, and inspire others to follow in their example. And so, with that, members, I move passage of the two resolutions.
REPRESENTATIVE EDDIE LUCIO III: Question occurs on the adoption of the resolution. Is there objection? Chair hears none and the resolutions are adopted. Representative Woolley moves to add all members' names to the resolution. Is there objection? Chair hears none. So ordered. Madam Doorkeeper, for what purpose?
MADAM DOORKEEPER: Mr. Speaker, I have a messenger from the Senate to the door of the House.
REPRESENTATIVE EDDIE LUCIO III: Admit the messenger.
SENATE MESSENGER: Thank you, Mr. Speaker. I'm directed by the Senate to inform the House the Senate has taken the following action, the Senate has passed the following measures: SB293 by Watson, relating to telemedicine medical services; telehealth services, and home telemonitoring services provided to certain Medicaid recipients.
REPRESENTATIVE EDDIE LUCIO III: Members, this is important, regarding a calendar rule for the State Board of Education redistricting map. Please give us your attention. 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 16 F, the following rule governing for consideration of CSHB600, Section 1; during second reading and third reading consideration of the bill no proposed amendment, amendment to the amendment or substitute amendment changing any district is eligible for consideration, unless five copies of an amendment packet prepared by the Texas Legislative Counsel has been submitted to the Chief Clerk. The amendment packet is not required to contain a textural description of the amendment, but must include maps; as prepared by the Texas Legislative Counsel, indicating the changes made by the amendment, and standard reports of the amendment prepared by Texas Legislative Counsel that indicate population voter data and incumbent locations for the districts affected by the amendment. No proposed amendment, amendment to the amendment or substitute amendment is eligible for consideration if any district in the amendment contain parts that are not contiguous, or adoption of the amendment would result in any unassigned or overlapping geography and the overall redistricting plan under consideration. An amendment packet for each original amendment that would be offered during second reading consideration of the bill must be filed with the Chief Clerk by 10:00 a.m., Wednesday, April 13th, 2011. That's 10:00 a.m., Wednesday, April 13th, 2011. I move adoption.
REPRESENTATIVE EDDIE LUCIO III: Members, this is an adoption of the calendar rule for the State Board of Education redistricting map. It will be a record vote. The clerk will ring the bell. Have all members voted? Have all members voted? Being 144 ayes and zero nays, the calendar rule is adopted. Chair recognizes Representative McClendon.
REPRESENTATIVE RUTH JONES MCCLENDON: Mr. Speaker and members, I move to suspend all necessary rules to take up House resolution 112.
REPRESENTATIVE EDDIE LUCIO III: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Chair lays out House resolution 112. The clerk will read the resolution.
CLERK: HR112 by McClendon. WHEREAS, Sebastian Lang-Lessing made his debut as music director of the San Antonio Symphony on October 2, 2010; and WHEREAS, The eighth music director in the 70-year history of the orchestra, Mr. Lang-Lessing was born in Germany and began his professional career with the Hamburg State Opera; he went on to serve as resident conductor of the Deutsche Opera Berlin and as music director of the Orchestre Symphonique et Lyrique de Nancy in France; under his leadership, the Opera de Nancy advanced to the next level, becoming the Opera National de Lorraine; and WHEREAS, Mr. Lang-Lessing came to San Antonio from the Tasmanian Symphony Orchestra in Australia, where he served as chief conductor and artistic director for six years; over the course of his distinguished career, he has also taken the podium at the Opera Bastille de Paris, the San Francisco Opera, the Houston Grand Opera, and other notable opera houses; moreover, he has led performances by such prominent orchestras as the Tokyo Philharmonic, the Leipzig Gewandhaus Orchestra, the Hamburg Symphony Orchestra, and the Orchestra of Paris; and WHEREAS, Noted for his rediscovery of composer Joseph Guy Ropartz, Mr. Lang-Lessing has recorded his symphonies in France and he has an extensive discography with the Tasmanian Symphony Orchestra that includes works by Saint-Saens, Ravel, and Australian Contemporary composer Brett Dean, among others; Mr. Lang-Lessing is a recipient of the Ferenc Fricsay Prize and has received glowing notices in publications from the Los Angeles Times to the Berliner Zeitung; and WHEREAS, A gifted and dynamic artist, Sebastian Lang-Lessing Brings extensive international experience to his new position with The San Antonio Symphony, and his inaugural season with the San Antonio Symphony provides a fitting opportunity to recognize him; Now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby congratulate Sebastian Lang-Lessing on being named music director of the San Antonio Symphony and welcome him to The State of Texas; and, be it further RESOLVED, That an official copy of this resolution be prepared for Mr. Lang-Lessing as an expression of high regard by The Texas House of Representatives.
REPRESENTATIVE EDDIE LUCIO III: Chair recognizes Representative McClendon.
REPRESENTATIVE RUTH JONES MCCLENDON: Move adoption.
REPRESENTATIVE EDDIE LUCIO III: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative McClendon.
REPRESENTATIVE RUTH JONES MCCLENDON: Than k you Mr. Speaker and members, this resolution honors the new music director of the San Antonio Symphony, Sebastian Lang-Lessing. Sebastian Lang-Lessing was appointed to this position in February 2010 and is the eighth director-conductor of the symphony's 70-year existence. I'm joined here by Representative Gutierrez to honor Director Lessing who came to San Antonio from the Tasmanian Orchestra in Australia, where he served as chief director and artistic director for six years. The Houston press says that the orchestra sparkles and glows under the heated conducting of Sebastian Lang-Lessing. He regularly appears on the podiums of the world's pre-emminent opera houses and he is undoubtedly one of the premier conductors in the world. He is joined on the dias by Susanne *Ware, Jack Fishman, and Lauren *Walhow. Please, members, help me honor conductor Sebastian Lang-Lessing for his remarkable artistic work.
REPRESENTATIVE EDDIE LUCIO III: Represent ative Gutierrez moves to add all members' names to the resolution. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Jackson for a recognition.
REPRESENTATIVE JIM JACKSON: Mr. Speaker, members, and please help me Ana (inaudible) Carrollton Farmers branch of the Chamber of Commerce, and Katy Tilton from the Carrollton Farmer's Branch independent school district, along with twenty students from Carrollton Farmers Branch who are enrolled in the Carrollton Farmers Branch Chamber of Commerce Youth Leadership Program. They're in the north side of the gallery. If y'all would please stand and help me welcome them. Thank you Mr. Speaker and members.
REPRESENTATIVE EDDIE LUCIO III: Chair recognizes Representative Phillips.
REPRESENTATIVE LARRY PHILLIPS: I move to suspend all necessary rules to take up HR1258, which recognizes the Juvenile Justice Association of Texas.
REPRESENTATIVE EDDIE LUCIO III: Members, you've heard the motion. Is there objection? Chair hears none. Chair lays out House Resolution 1258. The clerk will read the resolution.
CLERK: HR1258 by Phillips. Recognizing April 12th, 2011, as Juvenile Justice Association Day at the State Capitol.
REPRESENTATIVE EDDIE LUCIO III: Chair recognizes Representative Phillips. Members, if we could have your attention, please?
REPRESENTATIVE LARRY PHILLIPS: Members, I am proud to bring this resolution on behalf of some of the hardest working Texans that we have. Let me tell you about the Juvenile Justice Association of Texas. It was established in 1999 and what they do is, day in and day out, these are your juvenile probation officers, your state workers that give their time, their weekends, their evenings to help our young people. And we're honored to have them today and recognize this as Juvenile Justice Association of Texas day. Let me tell you what they are -- They make a difference in the lives of more than a hundred thousand juveniles who, quite frankly, these young people -- by other people, have given up on them. But not these people that are here with us today. And so I'm proud to ask you to join me in supporting this resolution to recognize April 12th, 2011, as Texas Juvenile Probation today. I've got a whole mess of them up in the gallery. Would all of you that are with JJAT stand up and let us recognize you and thank you for all that do. Members, look all around you throughout the gallery; these are the folks that are building the lives of our young people when other people let them go. So, with that, thank you for coming to the Capitol, thank you for letting us honor you. It's a busy time down here, but it's important that you're here, and there's a lot of going on that's going to effect you. So please visit with these members today. And, with that, I move adoption.
REPRESENTATIVE EDDIE LUCIO III: Members, the question curse on the adoption of the resolution. Is there objection? Chair hears none and the resolution is adopted. Representative Turner moves to add all members' names to the resolution. Is there objection? Chair hears none and it is so ordered. The Chair recognizes Representative Gonzalez of El Paso for a recognition.
REPRESENTATIVE NAOMI GONZALEZ: Thank you, Mr. Speaker. I just want to recognize the El Paso contingency of the JPD group that's here being honored today. Would you please stand? Thank you for being here. Welcome to your Texas House of Representatives.
REPRESENTATIVE EDDIE LUCIO III: Is Representative Smithee or Representative Chisum on the floor? Representative Chisum? The Chair recognizes Representative McClendon.
REPRESENTATIVE RUTH JONES MCCLENDON: Mr. Speaker and members, I move to suspend all necessary rules to take up House Resolution 1192.
REPRESENTATIVE EDDIE LUCIO III: Is there objection to suspension of the rules? Chair hears none and the rules are suspended. The Chair lays out 1192. The clerk will read the resolution.
CLERK: HR1192 by McClendon. WHEREAS, Dr. Dianna Burns-Banks was recognized as one of San Antonio's Gracious Givers at the inaugural North Star Gives event On March 24, 2011; and WHEREAS, Sponsored by San Antonio Magazine and North Star Mall, North Star Gives acknowledged six women who have improved the quality of life in San Antonio and made donations to the charities Of their choice; Dr. Burns-Banks selected the Davis-Scott Family YMCA as her charity; and WHEREAS, Dr. Burns-Banks is a board-certified pediatrician With more than 20 years of experience in primary care; an owner and founder of South Texas Center for Pediatric Care, which operates Five clinics in San Antonio's most underserved communities, she dedicates herself to educating her young patients and their parents about healthy lifestyle choices; moreover, she is a tireless advocate for accessible, high-quality physical and mental health care for all Texans; and WHEREAS, Born and raised in Meridian, Mississippi, Dr. Burns-Banks graduated with honors from Xavier University of Louisiana and completed her medical school, internship, and pediatric residency at the University of Louisville; she also holds A master's degree in health care administration from Trinity University, which named her an outstanding Executive Graduate Student; and WHEREAS, This dynamic physician worked in the emergency room at Santa Rosa Children's Hospital and became its first female African American chief of staff; in 1986, she joined with business partner Dr. Linda Holley to found the first South Texas Center for Pediatric Care clinic on San Antonio's East Side; she went on to become the second female head of the Bexar County Medical Society, the largest medical society in the Lone Star State and eighth largest in the nation; and WHEREAS, Deeply committed to her profession and her community, Dr. Burns-Banks is a fellow of the American Academy of Pediatrics and has served as chair of the Pediatric Advisory Committee, as associate medical director of Community First HealthPlans, and as Chair of the pediatrics departments of Baptist Medical Center and Methodist Metropolitan Hospital; she has served On the boards of numerous organizations, among them the NAACP Respite Care of San Antonio, Girl Scouts of America, the March of Dimes, the State Advisory Board for Managed Medicaid, and the Texas Military Institute; and WHEREAS, The San Antonio Women's Hall of Fame inducted Dr. Burns-Banks in 2006, and the San Antonio Business Journal named her A Health Care Hero; in addition, she was chosen as Female Entrepreneur of the Year by the San Antonio Express-News in 1991 And she has received the Candace Award in Recognition of Exemplary Achievement in the Field of Health from the San Antonio Chapter of The National Coalition of 100 Black Women; the Kreager Law Firm which supports the Bexar County Medical Society Foundation's Scholarship program, established a scholarship in recognition of her service as a role model for students entering the health care profession; and WHEREAS, Through her work as a physician and civic leader, Dr. Burns-Banks has greatly benefited countless people, and her devotion to improving the health of young Texans is a source of great inspiration to others; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby congratulate Dr. Dianna Burns-Banks on her Selection as a Gracious Giver and extend to her sincere best wishes for continued success in her endeavors; and, be it further RESOLVED, That an official copy of this resolution be prepared for Dr. Burns-Banks as an expression of high regard by the Texas House of Representatives.
REPRESENTATIVE EDDIE LUCIO III: The Chair recognizes Representative McClendon.
REPRESENTATIVE RUTH JONES MCCLENDON: I move adoption.
REPRESENTATIVE EDDIE LUCIO III: Members, you've heard the motion. Is there objection? Chair areas none. So moved. Chair recognizes Representative McClendon.
REPRESENTATIVE RUTH JONES MCCLENDON: Than k you, Mr. Speaker. This morning we are honoring with a resolution Dr. Diana Burns-Banks, and she is joined by her devoted husband, Mr. Michael Banks. And we're recognizing Dr. Banks for -- as one of San Antonio's Gracious Givers at the inaugural North Star Gives event. She broke the glass ceiling when she became the first African-American woman to become the chief of staff for the Santa Rosa Children's Hospital. And she was also the first African-American woman, and the second woman elected, as the Bexar County Medical Society's president. Dr. Burns-Banks is now the co-owner of Texas -- South Texas Center for Pediatric Care, which now has five clinics serving San Antonio's most medically underserved communities. She believes that the goal of education should be to transform yourself into a more well-rounded individual and she recently chose to continue her education by attending the university -- Trinity University in San Antonio, and earn a Masters Degree in Med Health Care Administration. I can tell that you Dr. Burns has received several degrees other than her medical degree, and the Masters Degree is just the last one she's received. Members, please join me as we honor Dr. Diana Burns-Banks for being not only a dedicated doctor who's enthusiastic about the care for patients and for encouraging and inspiring the children that she cares for to reach their goals. Thank you, members.
REPRESENTATIVE EDDIE LUCIO III: Represent ative Gutierrez moves to add all members' names to the resolution. Is there objection? Chair hears none. Is it is so ordered. The Chair recognizes Representative Smithee for permission to introduce.
REPRESENTATIVE JOHN T. SMITHEE: Mr. Speaker, members, I would move the House for permission to introduce a House bill that would create or move our prosecutor Oldham County, Texas, into the Professional Prosecutors Act. And Mr. Chisum will follow me with a similar permission to introduce on one of his counties. I would ask for permission to introduce.
REPRESENTATIVE EDDIE LUCIO III: Members, Representative Smithee seeks permission to introduce legislation relating to a local prosecutor. Members, this is a record vote. Clerk will ring the bell. Have all members voted? Have all members voted? Being 145 ayes and zero nays, the motion introduce is granted. Is Representative Chisum on the floor of the House? Chair recognizes Representative Callegari and Representative Alvarado -- Well, first Representative Callegari. Excuse me.
REPRESENTATIVE BILL CALLEGARI: Mr. Speake r and members, I move to suspend all necessary rules for the House to take up and consider House Resolution 227 in honor of the opening of the Texas Children's Hospital West Campus in Katy.
REPRESENTATIVE EDDIE LUCIO III: Is there objection to suspension of the rules? The Chair hears none and the rules are suspended. The Chair lays out House Resolution 227. The clerk will read the resolution.
CLERK: HR227 by Callegari. WHEREAS, Texas Children's Hospital West Campus has opened in Katy to provide pediatric care for the growing West Houston area; And WHEREAS, With a national and international reputation for excellence, Texas Children's Hospital is committed to providing high-quality medical treatment for children while supporting continued research and education; affiliated with the Baylor College of Medicine, it is recognized as one of the best children's hospitals in the United States; and WHEREAS, The opening of the hospital's West Campus, the first Suburban Houston hospital established specifically for children constitutes an immeasurable gain for the residents of Katy and the Surrounding area; working in a state-of-the-art facility, the top pediatric staff at West Campus will offer a full array of pediatric inpatient and outpatient services; and WHEREAS, Patients and their families will also benefit from The warm, reassuring atmosphere created by the hospital's design; In addition to the large windows that admit an abundance of natural light and offer sweeping views of the campus grounds, amenities include playrooms, a library, and an in-house radio station; an WHEREAS, Texas Children's Hospital West Campus will bring outstanding pediatric health care within closer reach of a burgeoning population and make a positive difference in the lives Of countless Texans; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby recognize the opening of the Texas Children's Hospital West Campus and extend best wishes to all those associated With the new facility; and, be it further RESOLVED, That an official copy of this resolution be prepared for the hospital as an expression of high regard by the Texas House of Representatives.
REPRESENTATIVE EDDIE LUCIO III: Chair recognizes Representative Callegari.
REPRESENTATIVE BILL CALLEGARI: Mr. Speake r and members, I move adoption of House Resolution 27 honoring Texas Children's Hospital.
REPRESENTATIVE EDDIE LUCIO III: The question occurs on adoption of the resolution. Is there objection? Chair hears none and the resolution is adopted. Chair recognizes Representative Callegari.
REPRESENTATIVE BILL CALLEGARI: Mr. Speake r and members, it is a great privilege for me to offer and honor this resolution celebrating the grand opening of Texas Children's Hospital West Campus right there on I-10, west of Highway 6 in Katy. As everybody knows, Texas Children's has great national and international reputation for excellence, and we are extremely happy to welcome that new campus to Katy. Here on the podium with us is Vice-President of Texas Children's Hospital West Campus, Michelle Riley-Brown. We want to welcome Ms. Brown and please help us welcome Texas Children's to the west side of Houston area. Thank you.
REPRESENTATIVE EDDIE LUCIO III: Represent ative Bohac moves to add all members' names to the resolution. Is there objection? Chair hears none. It is so ordered. The Chair recognizes Representative Chisum.
REPRESENTATIVE WARREN CHISUM: Mr. Speaker and members, I need to ask for permission to introduce a bill that will make a professional prosecutor in one of my counties.
REPRESENTATIVE EDDIE LUCIO III: Members, this is a permission to introduce by Representative Chisum. It affects a local prosecutor in Mr. Chisum's district. It will be a record vote. Clerk will ring the bell. Have all members voted? Have all members voted? There being 147 ayes and 0 nays, permission to introduce is granted. Chair recognizes Representative Alvarado.
REPRESENTATIVE CAROL ALVARADO: Thank you members and Mr. speaker, I ask to suspend all necessary rules to take up and consider House Resolution 124.
REPRESENTATIVE EDDIE LUCIO III: Is there objection to suspension of the rules? Chair hears none. The rules are suspend. The clerk lays out the following resolution. The clerk will read the following resolution.
CLERK: HR124 by Alvarado. WHEREAS, Herb M. Yambra of Houston has been a notable leader in raising awareness about railroad safety issues that impact Texas Communities; and WHEREAS, Before retiring in 2009, Mr. Yambra was employed as a railroad engineer for nearly 30 years, working for Southern Pacific and Union Pacific; he was a member of the Brotherhood of Locomotive Engineers and Trainmen and served as president and Legislative Representative of his division and as the second vice chair of the union's Texas Legislative Board; and WHEREAS, Mr. Yambra emphasized safety issues during his tenure with the railroad, focusing particularly on trains run by remote control, without a certified engineer at the helm; an editorial he authored on the subject was published in the Houston Chronicle in 2003, and the City of Houston and Harris County both passed resolutions calling for regulation of these trains as a result of his advocacy; moreover, he was nominated for an award in 2000 for his work to prevent grade-crossing accidents; and WHEREAS, Mr. Yambra has served on the Harris County AFL-CIO Scholarship Committee, and he has also been active in voter registration efforts and has volunteered at election polling places; in addition, he supports the Houston Livestock Show and Rodeo through his work as a committee member; and WHEREAS, In all of his endeavors, Mr. Yambra enjoys the love and support of his wife of more than 20 years, Kathy, and his children, Sarah, Tiffany, and Jamie, and he also takes great pride In his three grandchildren; he frequently participates in cook-offs and delights in spending time with his family and friends; and WHEREAS, Herb Yambra has demonstrated an enduring commitment to the protection and well-being of his fellow citizens, and his efforts to promote railroad safety have earned him the lasting appreciation of many Texans; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby honor Herb M. Yambra for his work relating to railroad safety and extend to him sincere best wishes for the Future; and, be it further RESOLVED, That an official copy of this resolution be prepared for Mr. Yambra as an expression of high regard by the Texas House of Representatives.
REPRESENTATIVE EDDIE LUCIO III: Chair recognizes Representative Alvarado.
REPRESENTATIVE CAROL ALVARADO: Thank you Mr. Speaker and members, I'm pleased to be joined by some of my colleagues, Representative Armando Walle and Ana Hernandez-Luna and Hubert Vo; to celebrate the retirement of Herb Yambra. He is up in the gallery with his wife, Cathy. He served for many, many years as a member of the Locomotive Engineers Union. He also served on the scholarship committee of the Harris County AFLCIO. He has spent many, many years working to promote railroad safety and we had the pleasure of working together with some of our elementary schools in our communities to promote railroad safety. Herb, you will be missed. Thank you for your service to Houston and to our great state. Congratulations on your retirement. Thank you. And I move adoption.
REPRESENTATIVE EDDIE LUCIO III: The question occurs on adoption of the resolution. Is there objection? The Chair hears none. The resolution is adopted. Ms. Hernandez moves to add all members' names to the resolution. Is there objection? Chair hears none and it is so ordered. Is Representative Gallego on the floor of the House? Is Representative Smithee on the floor of the House? Chair recognizes Representative Gallego for a motion.
REPRESENTATIVE PETE P. GALLEGO: Thank you, Mr. Speaker. Members, I move to suspend the Five Day Posting Rule and all necessary rules to allow the Committee on Criminal Jurisprudence to consider House Bill 1529 by Chairman Miller, and House Bill 3381 by Mr. Fletcher at 10:30, or upon adjournment; today, April 12th, in the Reagan Building, room 120.
REPRESENTATIVE EDDIE LUCIO III: Members, you have heard the motion. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Smithee.
REPRESENTATIVE JOHN T. SMITHEE: Mr. Speak er, members, I move to suspend the Five Day Posting Rule so the Committee on Insurance can take up and consider House Bill 2408 by Representative Darby at our regularly scheduled meeting, at 1:30, or on adjournment today, April the 12th; in room E2.026.
REPRESENTATIVE EDDIE LUCIO III: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Following announcements. The clerk will read the announcements.
CLERK: The Committee on Criminal Jurisprudence will meet on final adjournment, April 12th, 2011, at JHR120. This will be a public hearing to consider posted business on HB1529 by Miller at HB3381 by Fletcher. The Committee on Economic and Small Business Development will meet upon adjournment on April 12th, 2011, at House Chamber Desk No. 14. This will be a formal meeting to consider pending business. The Committee on Licensing and Administrative Procedures will reconvene upon final adjournment today, April 12th, at E2.012. This will be a public hearing to consider pending business. The Committee on County Affairs will meet upon final adjournment on April 12th, 2011, at 3W.15. This will be a formal meeting to consider pending items. The Committee on State Affairs will meet upon final adjournment on April 12th, 2011, at 3W.9. This will be a formal meeting to consider pending business. The Committee on Calendars will meet upon final adjournment today, April 12th, 2011, at 1W.14. This will be a formal meeting to consider a calendar. The Committee on Judiciary and Civil Jurisprudence will meet at 9:15 a.m. on April 13th, 2011, at E2.014. This will be a formal meeting to consider pending business.
REPRESENTATIVE EDDIE LUCIO III: Members, we're about to go on the calendar.
JOE STRAUS: Mr. Martinez-Fischer, for what purpose?
REPRESENTATIVE TREY MARTINEZ FISCHER: Mr. Speaker?
JOE STRAUS: For what purpose, Mr. Martinez?
REPRESENTATIVE TREY MARTINEZ FISCHER: Par liamentary inquiry.
JOE STRAUS: State your inquiry.
REPRESENTATIVE TREY MARTINEZ FISCHER: Mr. Speaker, we previously adopted a calendar rule for SBOE Redistricting a few moments ago. And I just want to get the intention of the rule. Is it -- Am I correct to understand that amendments to the amendment do not require any prefiling, they just require obligations that we provide several copies of TLC maps and standard reports issued by TLC when those amendments to the amendments are filed, and present those to the Chief Clerk?
JOE STRAUS: That's correct.
REPRESENTATIVE TREY MARTINEZ FISCHER: And so the only prefiling -- May I get some order Mr. Speaker, please? Thank you, Mr. Speaker. So the only prefiling requirement for the State Board of Education Redistricting would just be original amendments?
JOE STRAUS: That's correct.
REPRESENTATIVE TREY MARTINEZ FISCHER: Okay . Thank you, Mr. Speaker.
JOE STRAUS: Members, we're on the calendar. Chair lays out on third reading and final passage House Bill 377. Clerk read the bill.
CLERK: HB377 by McClendon. Relating to the expenditure of money from the general revenue fund for rail projects.
JOE STRAUS: Chair recognizes Representative Pickett.
REPRESENTATIVE JOE PICKETT: Mr. Speaker, members, could I get your attention for a moment? This -- this is a third reading bill that has to do with the Rail Relocation Fund. And there were some questions yesterday that I would like to lay out, in addition to what was said. This bill of Representative McClendon's, if you'll read the bill -- if you have the bill in front of you. There's only one change in this bill. She repeats what is already in statute. It's already in statute that the Texas Economic Development Bank Fund may be used for this program. There was an issue that was asked to me by several members about line item veto and what we were doing in taking away transparency. That is not the case in this bill. That is not the case. Currently, in the Appropriations Act, all the dollars that are appropriated for new construction, for commitment for construction or maintenance, is not specific project oriented. Currently, in the Appropriations Bill, there is not -- Thank you. Currently, in the Appropriations Bill, there is not a specific project item for rail relocation. Currently the statute says if we're to appropriate money it has to have a project specific. There is no money appropriated in the bill. However, there is a possibility, slight that it may be, a possibility that there could be non dedicated funds come into the State of Texas that could be used for rail relocation. If those are non-dedicated general revenue dollars, they would sit there -- they would sit there and not be able to be expended until we meet two years from now. What Representative McClendon's bill would do is simple: If funds were to come in they could be used for rail relocation. That's as simple as it is. The Texas Economic Development Fund Bank, first off, are borrowed funds. If you borrowed any money you would have to pay it back. And Representative McClendon is not adding anything new. If you have the bill in front of you, she is striking that and repeating that same portion of the statute to add the ability, if non-dedicated general revenue dollars come in for relocation, they could be used. That is it. I have spoken with the Texas Conservative Coalition. I'm hoping those of you who use that as one of the bases for your decision will look at what was just sent out. We have spoken this morning and they have not taken a position against this at this time.
JOE STRAUS: Representative Harper Brown, for what purpose? REPRESENTATIVE LINDA HARPER-BROWN: Would the gentleman yield for a question?
JOE STRAUS: Mr. Pickett, do you yield?
REPRESENTATIVE JOE PICKETT: I yield. REPRESENTATIVE LINDA HARPER-BROWN: Thank you. Representative Pickett, isn't it true that there are no line items specific to transportation projects?
REPRESENTATIVE JOE PICKETT: None. REPRESENTATIVE LINDA HARPER-BROWN: So there can be no line item vetos of projects?
REPRESENTATIVE JOE PICKETT: There cannot. REPRESENTATIVE LINDA HARPER-BROWN: And isn't it true as well that the Texas Economic Development Bank is a fund under the Governor's office?
REPRESENTATIVE JOE PICKETT: It is. And it also has quite a lengthy criteria for you to even apply for those. There is a process of an application, there is a review committee. And if any of this money was to come from there, which is, again, is already in statute; it's not being changed, it would be borrowed funds that are required to pay back. It's a revolving fund. But her bill does not even change or amend that. And it was just the way the bill was drafted, instead of having one part above and one part below -- if the persons in this room will read the, bill it strikes it and puts the identical language, the identical language that's in statute below it and then just adds or appropriates it to the Texas Relocation Improvement Fund. That's it. That's all that it does. REPRESENTATIVE LINDA HARPER-BROWN: So, in effect, if there is some money that is ever put into this bank fund, or if there is a -- if that is chosen, if those dollars are chosen to be used for rail relocation, then that money would be -- would be designated from this bank, from the Texas Economic Development Bank Fund for this purpose, but it would have to be repaid and it would never touch the balance sheet or never touch the budget; it would never be a line item no matter what they chose --
REPRESENTATIVE JOE PICKETT: That's correct. REPRESENTATIVE LINDA HARPER-BROWN: -- within this economic bank?
REPRESENTATIVE JOE PICKETT: You are absolutely correct. REPRESENTATIVE LINDA HARPER-BROWN: All right. And isn't it true that TCC has withdrawn its objection to this bill?
REPRESENTATIVE JOE PICKETT: As a hopefully new member, yes. REPRESENTATIVE LINDA HARPER-BROWN: All right. Thank you, Mr. Pickett.
REPRESENTATIVE JOE PICKETT: Move passage.
JOE STRAUS: Anyone wishing to speak for or against House Bill 377? Question occurs on final passage of House Bill 377. It's a record vote. Clerk will ring the bell. Have all voted? Have all voted? Being 89 ayes and 54 nays, House Bill 377 is finally passed. Chair lays out House Bill 634 on final reading. Clerk will read the bill.
CLERK: HB634 by McClendon. Relating to toll project information provided by the Texas Department of Transportation.
JOE STRAUS: Chair recognizes Representative McClendon.
REPRESENTATIVE RUTH JONES MCCLENDON: Than k you Mr. Speaker, this is a bill that we heard yesterday and I move passage.
JOE STRAUS: Anyone wish to speak for or against House Bill 634? Question occurs on final passage of House Bill 634. It's a record vote. Clerk will ring the bell. Mr. Sheffield voting aye. Have all voted? Being 139 ayes and 0 nays, House Bill 634 is finally passed. Chair lays out on third reading and final passage, House Bill 726. Clerk will read the bill.
CLERK: HB726 by Sheffield. Relating to electronic distribution of information by legislators by state agencies.
JOE STRAUS: Chair recognizes Representative Sheffield.
REPRESENTATIVE RALPH SHEFFIELD: Members, this is my green bill and I move passage.
JOE STRAUS: Anyone wishing to speak for or against House Bill 726? Question occurs on final passage of House Bill 726. It's record vote. Clerk will ring the bell. Have all voted? Have all voted? Being 147 ayes and 0 nays, House Bill 726 final passes. Chair lays out on final passage House Bill 1422. Clerk will read the bill.
CLERK: HB1422 by Truitt. Relating to the issuance of titles for certain motor vehicles that are the subject of insurance claims.
JOE STRAUS: Chair recognizes Representative Truitt.
REPRESENTATIVE VICKI TRUITT: Thank you Mr. Speaker and members, this bill we passed yesterday. It revised the was motor vehicle titles are obtained when the insured declares the vehicle a total loss and pays the policy holder for it. Move passage.
JOE STRAUS: Does anyone wish to speak for or against House Bill 1422? Question occurs on final passage of House Bill 1422. It's a record vote. Clerk will ring the bell. Have all voted? Being 147 ayes and 0 nays, House Bill 1422 has finally passed. Chair lays out on third reading and final passage Senate Bill 569. Clerk will read the bill.
CLERK: SB569 by Jackson. Relating to the rate charged by certain conservation and reclamation districts for potable water or wastewater service to recreational vehicle parks.
JOE STRAUS: Chair recognizes Representative Taylor.
REPRESENTATIVE LARRY TAYLOR: Thank you, Mr. Speaker. Members, Senate Bill 569 ensures that recreational vehicle parks are treated fairly in the water rates charged by water districts. Move passage.
JOE STRAUS: Anyone wishing to speak for or against Senate Bill 569? Question occurs on final passage of Senate Bill 569. It's a record vote. Clerk will ring the bell. Have all voted? Being 149 ayes and 0 nays, Senate Bill 569 has finally passed. Chair lays out on third reading and final passage Senate Bill 115. Clerk will read the bill.
CLERK: SB115 by Uresti. Relating to limiting the liability of space flight entities.
JOE STRAUS: Chair recognizes Representative Gallego.
REPRESENTATIVE JERRY MADDEN: Mr. Speaker?
JOE STRAUS: Mr. Madden, for what purpose?
REPRESENTATIVE JERRY MADDEN: Will Representative Gallego yield for just one brief question?
JOE STRAUS: Mr. Gallego, do you yield?
REPRESENTATIVE PETE P. GALLEGO: Absolutely , Mr. Speaker.
REPRESENTATIVE JERRY MADDEN: For past
(inaudible) here this morning, Mr. Gallego. What did you do to Judge Lewis, did you throw him off the spaceship (inaudible) it all along since the beginning two years ago.
REPRESENTATIVE PETE P. GALLEGO: He has actually been carrying the spaceship on his shoulders for a couple days, which I'm very thankful for.
REPRESENTATIVE JERRY MADDEN: He does an excellent job for you.
REPRESENTATIVE PETE P. GALLEGO: He's dragged it along all the way from Odessa out all the way to Van Horn.
REPRESENTATIVE JERRY MADDEN: You would take something -- amendment, a friendly amendment on this, on voter ID; possibly?
REPRESENTATIVE PETE P. GALLEGO: I don't know about that. But, you know, I would be willing -- We could -- I take a friendly amendment that would make -- That we would have to name the first spaceship after Judge Lewis.
REPRESENTATIVE JERRY MADDEN: Ms. Scott has a question, but I think it has to do with teletransportation and how you got here today, whether you got back, did Scotty beam you down or what happened?
REPRESENTATIVE PETE P. GALLEGO: The Enterprise. I move passage.
JOE STRAUS: Anyone wish to speak for or against Senate Bill 115? Question occurs on final passage of Senate Bill 115. It's a record vote. Clerk will ring the bell. Have all voted? Being 147 ayes and 0 nays, Senate Bill 115 has finally passed. Chair lays out as a matter of postponed business on second reading House Bill 1165. The clerk read the bill.
CLERK: HB1165 by Keffer. Relating to the exemption of certain electric cooperatives from certain regulations.
JOE STRAUS: Chair recognizes Representative Keffer.
REPRESENTATIVE JAMES L. KEFFER: Thank you, Mr. Speaker. The Senate Companion of HB -- Senate Bill 312 by Seliger, the Companion for HB1165, is over and eligible. And I move to suspend and take up and consider Senate Bill 312.
JOE STRAUS: Members, the Senate Companion to House Bill 1165 is over and eligible. Accordingly, the Chair lays out Senate Bill 312. The clerk will read the bill.
CLERK: SB312 by Seliger. Relating to the exemption of certain electric cooperatives from certain regulations.
JOE STRAUS: Chair recognizes Representative Keffer.
REPRESENTATIVE JAMES L. KEFFER: Thank you. This legislation will allow a company called Golden Spread to increase its use of wind power and help the state meet its future energy needs. In order for this Golden Spread to partially -- to be successful, to partially offset the expense in maintaining a natural gas storage facility, it is prudent for the cooperative to offer short-term gas storage services to other entities at times when they enjoy just excess capacity. Unfortunately, the cooperative provides services to a third party even on a short-term basis, it's considered -- and such cooperative be forced to officer to third parties, thereby reducing the storage capacity. This legislature only affects Golden Spread as a gas storage facility. All other issues remain the same. I move passage.
JOE STRAUS: Anyone wishing to speak for or against Senate Bill 312? Question occurs on final passage of Senate Bill 312. It's a record vote. The clerk will ring the bell. All those in favor say aye. All those opposed nay. The ayes have it. Senate Bill 312 has finally passed. Record vote has been requested. Record vote is granted. Clerk will ring the bell. Senate Bill 312. Have all voted? Being 146 ayes and 20 nays, Senate Bill 312 has finally passed. Representative Keffer moves to lay out House bill 1165 on the table, subject to call. Is there objection? Chair hears none. So ordered. Chair lays out as a matter of postponed business House Bill 310 for second reading. Clerk will read the bill.
CLERK: HB310 by King. Relating to election procedures and qualifications of members of board of directors for water supply and sewer service cooperations.
JOE STRAUS: Chair recognizes Representative King.
REPRESENTATIVE TRACY O. KING: Thank you, Mr. Speaker and members. I believe this Senate Bill is over and eligible.
JOE STRAUS: Members, it is -- Senate Companion House Bill 310 is over and eligible. Accordingly, Chair lays out Senate Bill 333. The clerk will read the bill.
CLERK: SB333 by Frasier. Relating to election procedures and qualifications and members of boards of directors for water supply or sewer service cooperations.
JOE STRAUS: Chair recognizing Representative King.
REPRESENTATIVE TRACY O. KING: Thank you Mr. Speaker and members, Senate Bill 333 is the companion to my House Bill 310 and is identical. And what it does, this has to do with nonprofit water supply cooperations, their organizations created under the business organization code in Chapter 67, under the Texas Water Code to provide water and sewer services to areas that are not currently provided that service by a municipality or other entity. Currently, under the statute, the WSC water supply corporations are required to establish written procedures for holding elections for the board of directors, but does not specify many parameters for doing so. House Bill 310 and Senate Bill 333 simply require a more open election process that do away with proxy voting, they do allow mail ballot voting, and it changes the way that they establish a quorum to make it easier for some of the small water supply corporations to achieve a quorum so that they can have more open election processes. This was a result of a year long study by the Rural Water Association that looked at this and decided that they wanted to take some measures to make sure that their elections were open and more -- more transparent to the public. I do have one amendment that needs to be adopted.
JOE STRAUS: Following amendment. Clerk will read the amendment.
CLERK: Amendment by King.
JOE STRAUS: Chair recognizes Representative King.
REPRESENTATIVE TRACY O. KING: Thank you, Mr. Speaker. This amendment, in order to get on the board of directors -- in order to stand for election, you need to get signatures from twenty-five of the board members. Some of the smaller -- or twenty-five members of the water supply corporation. Some of the smaller water supply corporations had some issues with that. So we're changing that number from twenty-five to twenty. And this amendment is to address some of their concerns. I move adoption.
JOE STRAUS: The amendment is acceptable to the author. Is there objection? Chair hears none. The amendment is adopted. Chair recognizes Representative King.
REPRESENTATIVE TRACY O. KING: Thank you for your attention, members. I move adoption.
JOE STRAUS: Anyone wishing to speak for or against Senate Bill 333? Question occurs on passage to third reading of Senate Bill 333. All those in favor say aye. All those opposed say nay. The ayes have it. Senate Bill 333 has passed to third reading. Representative King of Zavala moves to lay House Bill 310 on the table subject to call. Is there objection? Chair hears none. So ordered. Chair lays out as matter of postponed business, House Bill 229. Second reading. Clerk will read the bill.
CLERK: HB229 by Solomons. Relating to the duties of the county tax assessor collector and voter registrar regarding the exemptions from jury service.
JOE STRAUS: Mr. Solomons? Chair recognizes Representative Solomons.
REPRESENTATIVE BURT R. SOLOMONS: Thank you Mr. Speaker and members. I move to postpone this bill until April 19th at 10:00 a.m. in the morning.
JOE STRAUS: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Chair lays out, as a matter of postponed business, House Bill 1970. Second reading. Clerk will read the bill.
CLERK: HB1970 by Jackson relating to the periodic review of the child support guidelines.
JOE STRAUS: Chair recognizes Representative Jackson.
REPRESENTATIVE JIM JACKSON: Mr. Speaker, the Senate Bill is over and eligible.
JOE STRAUS: Members, Senate Companion House Bill 1970 is over and eligible according to the -- Chair lays out Senate Bill 716. Clerk will read the bill.
CLERK: SB716 by Harris, relating to the periodic review of the child support guidelines.
JOE STRAUS: Chair recognizes Representative Jackson.
REPRESENTATIVE JIM JACKSON: Senate Bill 716 assigns attorney general responsibility to take a review of child support guidelines at least once every four years, in line with the federal guidelines.
REPRESENTATIVE HAROLD V. DUTTON JR.: Mr. Speaker, would the gentleman yield for a question?
JOE STRAUS: Mr. Jackson, do you yield?
REPRESENTATIVE JIM JACKSON: I yield, Mr. Dutton.
REPRESENTATIVE HAROLD V. DUTTON JR.: Mr. Jackson, one of the things I guess this bill does is now it makes it essentially twice as long before the A.G.'s office will review the child support guidelines?
REPRESENTATIVE JIM JACKSON: Well, currently the A.G.'s office doesn't have the responsibility, the Committee does. It takes the responsibility from the Committee of each House to the A.G.'s office. It then reports to the Committee. And, actually, the A.G.'s office has been doing it anyway. So it just kind of puts the responsibility where the actually work is being done. It is every four years, we can get it sooner if we ask for it. There are some federal reports that we can actually get.
REPRESENTATIVE HAROLD V. DUTTON JR.: On - - Now on the information that is stricken out of the bill, and I assume the Senate Bill is the same way, is it your intention that the -- that these things that are stricken, that these items that are stricken will continue to be included in the analysis, or is it just that we don't need those anymore?
REPRESENTATIVE JIM JACKSON: I think they will continue to be included in the analysis. I have a copy of the list. In fact, I have a copy of the latest report that the A.G. did that actually they are not required to do, but they have been doing it. I have a copy of that if you would like to see it.
REPRESENTATIVE HAROLD V. DUTTON JR.: I'm sorry, I couldn't hear you.
REPRESENTATIVE JIM JACKSON: I said if they continue to be included just the A.G. does now. The A.G. has been doing this report although it wasn't their responsibility to do it.
REPRESENTATIVE HAROLD V. DUTTON JR.: Can we have a little bit of quiet?
JOE STRAUS: Members, can we have some order, please?
REPRESENTATIVE HAROLD V. DUTTON JR.: I'm have trouble hearing Mr. Jackson. And I think it's all the chatter that's taking place.
REPRESENTATIVE JIM JACKSON: Mr. Dutton, I think the responsibility for this report, it's been with the committee, if you read the statute. But the A.G. has been doing and it giving the committee report to the committee that does include all this stuff. I anticipate that they will continue doing that. I have a copy of the report that they've been doing that we got last year, if you'd like to review it.
REPRESENTATIVE HAROLD V. DUTTON JR.: Oh, no. I've seen it. I just want to be sure that what's going to happen in the future is we are going to make sure that this report contains all this information.
REPRESENTATIVE JIM JACKSON: We intend for it to contain all this information. We intend to look at it periodically, to see that the child support amounts are in line with --
REPRESENTATIVE HAROLD V. DUTTON JR.: Is there a reason why we struck it out of the bill, then?
REPRESENTATIVE JIM JACKSON: I'm not advised. Actually, this was an A.G. bill. I'm not advised why we struck it out. It's an A.G. bill. They have been doing the reports and they simply wanted to put the law in line with what's been happening.
REPRESENTATIVE HAROLD V. DUTTON JR.: Yeah , okay. Because I was just curious. When I saw it being stricken wondered if that meant they were not going to include it in any subsequent reports, or whether or not -- or what the situation was.
REPRESENTATIVE JIM JACKSON: I'm chair of the committee they would be reporting to, and I would anticipate if I were chair of that committee I would ask for that report as they do it now.
REPRESENTATIVE HAROLD V. DUTTON JR.: To include that, to keep that information in it? All right. Thank you.
REPRESENTATIVE JIM JACKSON: Thank you, sir. Move passage.
JOE STRAUS: Anyone wishing to go speak for or against Senate Bill 716? Question occurs on passage to third reading of Senate Bill 716. All those in favor say aye. All those opposed nay. The ayes have it. Senate Bill 716 is moved to third reading. Chair lays out as a matter of postponed business House Bill 364. Clerk will read the bill.
CLERK: HB364 by Turner. Relating to condominiums and certain municipalities, including the exercise of eminent domain authority by those municipalities with respect to certain condominiums.
JOE STRAUS: Chair recognizes Representative Dukes for a recognition.
REPRESENTATIVE DAWNNA DUKES: Thank you Mr. Speaker and members, I would like to recognize the Fifth Grade Class of St. Francis' School. The administration and teachers of this school are here today. They've taken the time to come to the Capitol to teach this group of bright young students about the governmental process. And I am -- And they are in Representative Naishtat's district. And I'm extremely proud to say that my niece, Raven Roan* is in this class. And I would like for all students from St. Francis' to please stand up. Welcome to your Capitol.
JOE STRAUS: Chair recognizes Representative Turner.
REPRESENTATIVE SYLVESTER TURNER: Thank you Mr. Speaker and members, this morning I'm bringing before you -- There are two bills, and I've been working with various people and talking to a number of you. Both of them are tweaking, and I want you to know they are tweaking the eminent domain provisions. And they are limited -- both bills are limited and restricted to the City of Houston. They will only apply to the City of Houston, only. In my district I have 27 multi-family units, condominiums and apartments within a five to seven mile radius. Several of those condominiums and apartments have been abandoned for one to four years. What these bills do, and this is --
REPRESENTATIVE BEVERLY WOOLLEY: Mr. Speak er?
JOE STRAUS: Ms. Woolley, for what purpose?
REPRESENTATIVE BEVERLY WOOLLEY: Does the gentleman yield?
REPRESENTATIVE SYLVESTER TURNER: I would be more than happy to yield.
REPRESENTATIVE BEVERLY WOOLLEY: Mr. Turner , are you speaking strictly of deserted properties that are abandoned?
REPRESENTATIVE SYLVESTER TURNER: That is correct. They must be abandoned for at least one year.
REPRESENTATIVE BEVERLY WOOLLEY: And it's in a blighted area, you're talking about blighted?
REPRESENTATIVE SYLVESTER TURNER: It -- We're only dealing with --
REPRESENTATIVE BEVERLY WOOLLEY: Run down, empty?
REPRESENTATIVE SYLVESTER TURNER: Run down, empty, no plumbing, sanitary conditions are poor. And then there's an amendment that's going to be added, Representative Woolley, that will further talk about the blighted conditions. No heating, no plumbing, no utilities, no sewer; and they must have been -- the locations have substantial, repeated criminal violations.
REPRESENTATIVE BEVERLY WOOLLEY: And, Mr. Turner, how did the Texas Public Policy Foundation -- What is their view of this?
REPRESENTATIVE SYLVESTER TURNER: I have been talking with them over the last three or four days. Initially they had raised some concerns, but with the amendments that are being attached, there's also a Sunset Provision that's being added, with the amendments being attached; Bill Peacock has put forth a letter and the letter says that the resulting bills are limited enough that the foundation believes that they do not represent significant exceptions to the ban on economic developmentation.
REPRESENTATIVE BEVERLY WOOLLEY: So they have removed that opposition to the bill?
REPRESENTATIVE SYLVESTER TURNER: That is correct.
REPRESENTATIVE BEVERLY WOOLLEY: All right. Thank you, Mr. Turner.
REPRESENTATIVE SYLVESTER TURNER: Thank you very much. Members, there are two bills -- two amendments that will be add to both of these bills, that will Sunset -- they will Sunset both of these provisions, because the bills are intended to address a very narrow, specific purposes only. And that is the address the issue of blight within certain neighborhoods. And this is within the City of Houston only. So there is a Sunset Provision to give the city enough time to do that and if they don't the bills will automatically expire on their own. And Representative Charlie Howard will be introducing that amendment. And the second amendment that's coming will also make it very, very clear that we are only dealing with blight. Blighted areas, areas -- not blighted areas, but blighted on that particular parcel to make it consistent with that of the constitution. And that amendment is coming. Both amendments I've worked out with the Texas Public Policy Foundation and that has made them much more comfortable. And that's why we have the letter today.
JOE STRAUS: The following amendment. The clerk will read the amendment.
CLERK: Amendment by Turner.
JOE STRAUS: Chair recognizes Representative Turner.
REPRESENTATIVE SYLVESTER TURNER: This is the first amendment, and this one is dealing with the definition that added to the bill on definition of blight. For example, it says that a track or unit of real property on which the condominiums sits presents the following conditions for at least one year after the date in which notice of condition is recently attempted: The property contains un-inhabitable, unsafe and unsanitary conditions that are not fit for their intended use, because the utilities, sewer, plumbing or heating or similar service of facility of the units have been destroyed, remove or rendered ineffective; and the property has been the location of substantiated and repeated illegal activity of which the property owner knew or should have known. That's the condition of blight. It's only intended to deal with blight and that only -- and this -- this amendment was worked out with the Texas Public Policy Foundation. With that, Mr. Speaker, I move adoption of the amendment.
JOE STRAUS: Representative Turner sends up an amendment. The amendment is acceptable to the author. Is there objection? Chair hears none. The amendment is adopted. The following amendment. The clerk will read the amendment.
CLERK: Amendment by Howard of Fort Bend.
JOE STRAUS: Chair recognizes Representative Howard.
REPRESENTATIVE CHARLIE HOWARD: Members, this is the amendment that Representative Turner spoke about. What it does, it says this is not prohibitive to the taking of private property to the use of eminent domain for economic purposes, if economic development is a secondary purpose resulting from the elimination of urban blight; under this sub chapter, and this subchapter expires on December 31, 2016. It is acceptable to the author and I move passage.
JOE STRAUS: Mr. Howard sends up an amendment. The amendment is acceptable to the author. Is there objection? Chair hears none. The amendment is adopted. Chair recognizes Representative Turner to close.
REPRESENTATIVE SYLVESTER TURNER: With that, with the two amendments, Sunset Provision, only dealing with blight and blight only.
REPRESENTATIVE BEVERLY WOOLLEY: Mr. Speak er, would the gentleman yield?
REPRESENTATIVE SYLVESTER TURNER: I would be more than happy to yield.
REPRESENTATIVE BEVERLY WOOLLEY: Represent ative Turner, this will allow the city to tear down these buildings, and they have become just havens for all sorts of crime?
REPRESENTATIVE SYLVESTER TURNER: That is correct.
REPRESENTATIVE BEVERLY WOOLLEY: So this will really give Houston the tools to be able to take care of those problems?
REPRESENTATIVE SYLVESTER TURNER: That's correct, Representative Woolley.
REPRESENTATIVE BEVERLY WOOLLEY: Thank you, Mr. Turner.
JOE STRAUS: Mr. Hardcastle, for what purpose?
REPRESENTATIVE RICK HARDCASTLE: Would the gentleman yield for a quick observation?
REPRESENTATIVE SYLVESTER TURNER: I would be more than happy to yield.
REPRESENTATIVE RICK HARDCASTLE: And, Mr. Turner, you realize we have a bill that's in calendars now for abandoned and dilapidated and, as your bill says, blighted buildings in small town Texas, in rural Texas, where there are no funds to clean them up, but there is a community that wants them out of the way because they are either dangerous or health hazards or crime and/or homeless. So I think you have a great bill, Mr. Turner.
REPRESENTATIVE SYLVESTER TURNER: Thank you so much, Mr. Hardcastle. Members, speaker, I move adoption.
JOE STRAUS: Anyone wishing to speak for or against House Bill 364? The question occurs on passing to engrossment of House Bill 364. All those in favor say aye. All those opposed say nay. The ayes have it. House Bill 364 is passed to engrossment. Chair lays out as a matter of postponed business House Bill 365. Clerk will read the bill.
CLERK: HB365 by Turner, relating to use of eminent domain authority by certain municipalities to take abandoned multi-family rental buildings.
JOE STRAUS: Chair recognizes Representative Turner.
REPRESENTATIVE SYLVESTER TURNER: Thank you, Mr. Speaker. 364 dealt with condominiums. This deals with apartments. And, again, no opposition was expressed by the Department of Association. In fact, they came and testified in favor of it. We've going to add the same amendments to this particular one as well. Again, limited only to the City of Houston for the same exact problems, dealing with blight. And only the same amendment, Sunsetting this one as well and making sure we're only dealing with blight. And, again, it comes with -- The amendments were worked out with the Texas Public Policy Foundation.
REPRESENTATIVE GARNET F. COLEMAN: Mr. Spe aker?
JOE STRAUS: Mr. Coleman, for what purpose?
REPRESENTATIVE GARNET F. COLEMAN: Will the gentleman yield for a question?
JOE STRAUS: Mr. Turner, do you yield?
REPRESENTATIVE SYLVESTER TURNER: Yes, I would be more than happy to yield.
REPRESENTATIVE GARNET F. COLEMAN: Represe ntative Turner, I know you've mentioned this but how long has the problem with this particular set of condominiums, apartment complex been going on?
REPRESENTATIVE SYLVESTER TURNER: They've been abandoned for as many of one to four years, sitting around.
REPRESENTATIVE GARNET F. COLEMAN: And there's a lot of danger that has occurred, a lot of people smoking crack; it has become a den for really bad circumstances?
REPRESENTATIVE SYLVESTER TURNER: That is correct.
REPRESENTATIVE GARNET F. COLEMAN: Well, this is really a good bill because, you know, oftentimes there's often nothing that anyone can do with multiple owners, and this is somewhat of a unique circumstance, but that won't mean it won't happen again somewhere else.
REPRESENTATIVE SYLVESTER TURNER: That is correct.
REPRESENTATIVE GARNET F. COLEMAN: I just wanted to commend you on your bill.
REPRESENTATIVE SYLVESTER TURNER: Thank you. Members, there are two amendments. The same amendments will be added to this bill as well.
JOE STRAUS: Following amendment. The clerk will read the amendment.
CLERK: Amendment by Turner.
JOE STRAUS: Chair recognizes Representative Turner.
REPRESENTATIVE SYLVESTER TURNER: And again, this is the same amendment that was added onto the other one. It makes sure that we are talking about blight and blight only. The property contains -- must be un-inhabitable, unsafe, unsanitary units that are not fit for their intended use; because the utilities, the sewer, the plumbing, the heating or similar service of the facility of the units have been destroyed or rendered ineffective. And the property has been the location of substantive and repeated illegal activity. So we're only dealing with blight on that particular parcel. Not in the area, but on that particular parcel. And, with that, I move adoption of the amendment. And, again, this is worked out with the Texas Public Policy Foundation.
JOE STRAUS: Representative Turner sends up an amendment. The amendment is acceptable to the author. Is there objection? Chair hears none. The amendment is adopted. Following amendment. The clerk will read the amendment.
CLERK: Amendment by Howard.
JOE STRAUS: Chair recognizes Representative Howard.
REPRESENTATIVE CHARLIE HOWARD: Mr. Speaker , members, this is the same amendment we put on 364; which basically says it does not prohibit the taking of private property to the use of eminent domain for economic development purposes. If the economic development for secondary purposes, and this would expire on December 1st, 2016, which would give us plenty of time to take care of this disaster situation. I move passage. It is acceptable to the author.
JOE STRAUS: Mr. Howard sends up an amendment. The amendment is acceptable to the author. Is there objection? Chair hears none. The amendment is adopted. Chair recognizes Representative Turner.
REPRESENTATIVE SYLVESTER TURNER: Thank you Mr. Speaker and members, again, the same amendments that were put on and worked out with the Texas Department of Public Policy Foundation. And, again, I just want you to underscore, in their letter that was sent out saying that the resulting bills are limited enough that the foundation believes that they do not represent significant exceptions to the ban on economic development takings. That's been coming from the Texas Public Policy Foundation. And, with that, I would ask for your support. Again, restricted to the City of Houston only. Only restricted to the City of Houston and two, only dealing with blighted areas as defined in this bill. With that, I would ask for your support.
JOE STRAUS: Anyone wishing to speak for or against House Bill 365? Question occurs on passage to engrossment of House Bill 365. A record vote has been requested. A record vote was granted. Clerk will ring the bell. Showing Mr. Lucio voting aye. Have all voted? Showing Mr. Cain voting aye. Have all voted? There being 89 ayes and 54 nays, House Bill 365 is passed to engrossment. Chair lays out on second reading House Bill 558. Clerk will read the bill.
CLERK: HB558 by Deshotel. Relating to pay off statements provided in connection with certain home loans.
JOE STRAUS: Chair recognizes Representative Deshotel.
REPRESENTATIVE JOE DESHOTEL: Thank you, Mr. Speaker. House Bill 558 amends the finance code to require the finance commission to adopt rules governing the request for payoffs on mortgages. The bill requires the finance commission to write rules to deliver the pay off statement as provided by those rules. It establishes that a mortgage service -- service that are submitting incorrect pay offs, they would still be required to release the mortgage lien. Move adoption.
JOE STRAUS: Anyone wishing to speak for or against House Bill 558? Question occurs on passage to engrossment of House Bill 558. All those in favor say aye. All those oppose nay. The ayes have it. House Bill 558 is passed to engrossment. Chair lays out on second reading House Bill 983. The clerk will read the bill.
CLERK: HB983 by Menendez. Relating to health insurance coverage for eligable survivors of certain public servants killed in the line of duty.
JOE STRAUS: Chair recognizes Representative Menendez.
REPRESENTATIVE JOSE MENENDEZ: Thank you, Mr. Speaker. Members, the Senate Companion is in the committee, so I move to postpone for the consideration of House Bill 983 until a time certain, Monday, April the 18th at 10:00 a.m.
JOE STRAUS: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Chair lays out on second reading House Bill 1072. The clerk will read the bill.
CLERK: HB1072 by Solomons. Relating to the State Bar of Texas membership dues for an attorney employed by the state's government.
JOE STRAUS: Chair recognizes Representative Solomons.
REPRESENTATIVE BURT R. SOLOMONS: Thank you Mr. Speaker and members. At the end of the day this bill is going to be amended. This is the bill that deals with State Bar dues for state attorneys. It assists the state agencies to pay Bar dues for staff attorneys, helps them recruit and retain attorneys with a salary that would prevent them from going into private practice. I think Mr. Lewis -- Representative Lewis has an amendment that I think most of the committee is on board with, to limit this bill. So the bill initially included a whole lot more folks. But it is going to be limited to hopefully the attorney general's office for a very limited period of time.
REPRESENTATIVE HAROLD V. DUTTON JR.: Mr. Speaker --
JOE STRAUS: Mr. Dutton, for what purpose?
REPRESENTATIVE BURT R. SOLOMONS: Yes, I yield.
REPRESENTATIVE HAROLD V. DUTTON JR.: Woul d Chairman Solomon yield for a question?
JOE STRAUS: Mr. Solomons yields.
REPRESENTATIVE BURT R. SOLOMONS: Yes, I do.
REPRESENTATIVE HAROLD V. DUTTON JR.: Can you tell me, Mr. Solomon, who the universe is that's included in the bill right now? For example, does it include --
REPRESENTATIVE BURT R. SOLOMONS: Actually -- actually, the bill is for all the staff attorneys for the agencies in the State of Texas.
REPRESENTATIVE HAROLD V. DUTTON JR.: Does that include like the Texas House of Representatives?
REPRESENTATIVE BURT R. SOLOMONS: No, sir, it doesn't. It does not include you and me.
REPRESENTATIVE HAROLD V. DUTTON JR.: That wouldn't be a state agency?
REPRESENTATIVE BURT R. SOLOMONS: This goes to the staff attorneys and trying to keep them -- you know, recruit and keep them on board longer. As you know, Representative Dutton, that so many attorneys come to work for the state and some stay and some of them do okay. But a lot of them come for lesser salaries and they actually move on to private practice. And so we're somewhat of a training ground for a lot of attorneys, and this was a situation because of the budget. The only reason in bill is being presented to this body is because of our budget concerns and we have cutback our agencies and we throw so much on the Attorney General's office and some of the these state agencies, that's why -- that was reasoning for the bill. But in talking to the committee members we are -- I think the agreement is with the Attorney General's office and with some other, some committee members and others, by the way; that we're not going to expand the bill. What we want to do is probably limit it, because of budgetary concerns and what we do in asking the A.G.'s office in doing so much for us.
REPRESENTATIVE HAROLD V. DUTTON JR.: Unde r your bill, how many lawyers are we talking about?
REPRESENTATIVE BURT R. SOLOMONS: I think initially under the bill it was 2778 full-time state employed attorneys.
REPRESENTATIVE HAROLD V. DUTTON JR.: But that excluded members of the House and Senate?
REPRESENTATIVE BURT R. SOLOMONS: Yes, sir.
REPRESENTATIVE HAROLD V. DUTTON JR.: And do you know how many members of the House and Senate would be if they were included, how many would that be?
REPRESENTATIVE BURT R. SOLOMONS: Are we talking about members or are we talking about the ones attorney's who are working for the House and Senate?
REPRESENTATIVE HAROLD V. DUTTON JR.: No, just members themselves.
REPRESENTATIVE BURT R. SOLOMONS: Oh, I don't know. However many attorneys are on the House and the Senate. I don't know how many attorneys are in the House. Forty-nine, forty-something, fifty. You know, it's usually -- What is it? I mean it's about a little less a third of attorneys in the House. And the Senate has -- I don't know, they've got thirty-one. I don't know how many attorneys, probably a dozen or so.
REPRESENTATIVE HAROLD V. DUTTON JR.: So the public policy reasons for doing this, so I understand this is?
REPRESENTATIVE BURT R. SOLOMONS: I can barely hear you.
REPRESENTATIVE HAROLD V. DUTTON JR.: Mr. Speaker -- I'm getting old.
JOE STRAUS: Can we have some order?
REPRESENTATIVE HAROLD V. DUTTON JR.: I don't think they're listening to you, Mr. Speaker.
REPRESENTATIVE BURT R. SOLOMONS: I don't know if we really care if anybody listens to this. But at the end, it really was for the staff attorneys, not members, not senators, house members; didn't include anybody of that nature. It really was on behalf of the state agencies that is we throw so much work on them and they have to include attorneys. And the bill originally created some issues probably for the State Bar. So I think a good compromise is what Mr. Lewis came up with, with the committee members in the A.G.'s office to try to help (inaudible) that off with that agency.
REPRESENTATIVE HAROLD V. DUTTON JR.: And how much are the dues, for example?
REPRESENTATIVE BURT R. SOLOMONS: For -- Well, I think attorneys in this state pay around $235 a year, and plus whatever --
REPRESENTATIVE HAROLD V. DUTTON JR.: Ther e's an occupation tax?
REPRESENTATIVE BURT R. SOLOMONS: Well, the occupation tax, too, but that's separate. But $235, plus whatever groups you want to join; the specialty groups you want to join.
REPRESENTATIVE HAROLD V. DUTTON JR.: So does this exempt them for any specialized groups? Just the basic dues?
REPRESENTATIVE BURT R. SOLOMONS: Just the basic Bar dues.
REPRESENTATIVE HAROLD V. DUTTON JR.: Whic h is what, $235?
REPRESENTATIVE BURT R. SOLOMONS: $235. But, you know what's interesting, quite frankly, you know, we have lawyers who do very, very well in the private sector. We have lawyers making $500,000, a million dollars; whatever it is. They pay the same Bar dues you and I pay.
REPRESENTATIVE HAROLD V. DUTTON JR.: Oh, I know. And I'm just asking because I'm curious as to why we were letting some lawyers not pay the dues, and other lawyers are required to pay it. And it just seems to me that $235, I don't know that a person chooses to become an employee of the State because they don't have to pay the $235, or what the public policy reasons for excluding anybody from it.
REPRESENTATIVE BURT R. SOLOMONS: Well, that's an argument. But at the end of the day what this bill was trying to do was to assist the state agencies in this budget crisis that we have, in this situation, for both attorneys privately, and for the state agencies; but to ensure that we can maintain and recruit attorneys to help this body and help the entire in Texas and all of the work that we throw on these state agencies. And so, at the end, it was a lot of attorneys, it was 2778 full-time state employed attorneys, according to the State Comptroller's Office. But, at the end, you have TCQ, you have attorney general's, you know, you've got a number of agencies that use attorneys extensively in trying to conduct the work for this body and what we to for this -- and for the entire State of Texas. And so that was the goal of the original bill. The committee was kind enough to consider it. But, at the end, the committee members and I think Mr. Lewis, in working with the committee members, have come up with admirable amendment to the bill. And it limits it to a few attorneys in one agency, the Attorney General's Office, for a limited length of time. And it's going to be acceptable to the author.
REPRESENTATIVE HAROLD V. DUTTON JR.: So the lawyers in any other agency won't be affected?
REPRESENTATIVE BURT R. SOLOMONS: No, sir.
REPRESENTATIVE HAROLD V. DUTTON JR.: But tell me how it operates, though. Do you have to go work for the A.G. for one day and then you're entitled to --
REPRESENTATIVE BURT R. SOLOMONS: They have to be full-time attorneys, full-time employees. Full-time employee attorneys for the Attorney General's Office. That's what the amendment was -- ended up doing. The bill was actually for full-time employee attorneys for the state agencies.
REPRESENTATIVE HAROLD V. DUTTON JR.: Well, I mean do you have to be full-time, because you're only paying the tax once a year, right?
REPRESENTATIVE BURT R. SOLOMONS: You're paying the occupational tax once a year, yes.
REPRESENTATIVE HAROLD V. DUTTON JR.: I mean you only pay the dues once a year.
REPRESENTATIVE BURT R. SOLOMONS: Yes, sir.
REPRESENTATIVE HAROLD V. DUTTON JR.: So do you have oh to be a member of the Attorney General's Office during that time period in order to get the waiver?
REPRESENTATIVE BURT R. SOLOMONS: Yeah. They have -- Yeah, I guess so. Yes. The answer to your question is yes. They have to be on board, full-time employee, their bar dues are coming up and that's how this bill applied.
REPRESENTATIVE HAROLD V. DUTTON JR.: So you're only eligible if you work in the A.G.'s Office and you happen to be working there during the time the dues --
REPRESENTATIVE BURT R. SOLOMONS: That will be the amendment, yes. Limited to the full-time staff attorneys for the A.G.'s Office for a limited period of time. Just three or four years, while we get through this budget crisis.
REPRESENTATIVE HAROLD V. DUTTON JR.: And why did we single out the A.G.'s Office versus any other state agency?
REPRESENTATIVE BURT R. SOLOMONS: Well, at the end of the day, the whole process and this idea for this bill came from the A.G.'s Office. So that's why I think the final agreement was really with the A.G.'s Office. And, quite frankly, that way -- if we do it that way the effect to the State Bar as far as money is negligible. It's not very much money. It's just for those attorneys with the A.G.'s Office. You know, they work with attorneys, they review everything. We put a lot of burden on them and I think it was a fair compromise.
REPRESENTATIVE HAROLD V. DUTTON JR.: You mean a compromise between letting all state agencies do it and just the A.G.'s Office do it?
REPRESENTATIVE BURT R. SOLOMONS: Because members had some concern about it being the number of -- and the effect on the State Bar budget. So this was a good compromise, in my opinion. Mr. Lewis did admirable work on finding a solution that would limit the -- any, which is negligeable now, with his amendment, any adverse effect for the State Bar and to help the A.G.'s Office through this budget crisis.
REPRESENTATIVE HAROLD V. DUTTON JR.: Well, if you're going help the A.G.'s Office do you really think that $235 per lawyer is going to help the A.G.'s Office?
REPRESENTATIVE BURT R. SOLOMONS: It will help them somewhat in their budget, yes, sir.
REPRESENTATIVE HAROLD V. DUTTON JR.: I just think if we're going to do it we're ought to do it for all lawyers. And if we're not going to do it for all lawyers then we ought not to do it at all.
REPRESENTATIVE BURT R. SOLOMONS: Well, that's just the way I think we need to do it. And I think it's a fair amendment, and I think that's what I will ask this body to either agree to or not agree to.
REPRESENTATIVE HAROLD V. DUTTON JR.: All right. Okay. Well, thank you. I'll wait -- Or you do have the amendment or does somebody else have the amendment?
REPRESENTATIVE BURT R. SOLOMONS: I think Mr. Lewis has the amendment.
REPRESENTATIVE HAROLD V. DUTTON JR.: Mr. Lewis has the amendment?
REPRESENTATIVE BURT R. SOLOMONS: Right. I just wanted to settle with membership, because it wasn't going to be -- you know, the original bill was more broad, but by limiting it I think it was a good compromise to not have an adverse effect on the State Bar, but to help an agency that does so much for the State of Texas, for us. And that it was admirable to try to limit the bill in that context and balance the interest of every party.
REPRESENTATIVE HAROLD V. DUTTON JR.: Well, they don't do any more than other lawyers in other state agencies, you wouldn't say that; would you?
REPRESENTATIVE BURT R. SOLOMONS: No, I wouldn't say the other agencies don't do a good job, too. But they weren't the ones that asked me to look at this issue. So I'm basing it on the ones that asked me about this issue.
REPRESENTATIVE HAROLD V. DUTTON JR.: All right. I'll wait till Mr. Lewis comes.
REPRESENTATIVE BURT R. SOLOMONS: Thank you, Mr. Dutton.
JOE STRAUS: Following amendment. The clerk will read the amendment.
CLERK: Amendment by Lewis.
JOE STRAUS: Chair recognizes representative Lewis.
REPRESENTATIVE TRYON LEWIS: Thank you Mr. Speaker and members, what this amendment does, it restricts the bill only to the attorneys who are working with the Office of the Attorney General so it limits the scope considerably from the original bill, or from the bill that was before us. The other thing it does is that it sets an expiration date. It sunsets the bill's effectiveness, basically. It sets an ending date of January 1st, 2016.
REPRESENTATIVE HAROLD V. DUTTON JR.: Mr. Speaker.
JOE STRAUS: Mr. Dutton, for what purpose?
REPRESENTATIVE HAROLD V. DUTTON JR.: Woul d Judge Tyron yield?
JOE STRAUS: Mr. Lewis, do you yield?
REPRESENTATIVE TRYON LEWIS: Mr. Chairman, I would be happy to yield.
REPRESENTATIVE HAROLD V. DUTTON JR.: All right. Thank you. Now let me ask you the question I asked Mr. Solomons. How does this operate? When are you entitled to the waiver if you happen to be in the A.G.'s Office?
REPRESENTATIVE TRYON LEWIS: It's supposed to be prorated. As I understand the bill, it's prorated to the time that the attorney is actually working -- in the bill it would be for the state agency. With the amendment it would be for the Attorney General's Office.
REPRESENTATIVE HAROLD V. DUTTON JR.: So if he works one month he would then be entitled to a one twelfth reduction in the annual dues?
REPRESENTATIVE TRYON LEWIS: That's my understanding of how the bill works yes, sir.
REPRESENTATIVE HAROLD V. DUTTON JR.: And, again, I guess the other question I had; why the Attorney General's Office? Why not the -- some of the other state agencies that is employ a number of the lawyers?
REPRESENTATIVE TRYON LEWIS: You know, the way I see that, chairman, is this: The Attorney General's lawyer's office appear in court. You have to be a member of the State Bar in good standing to appear in court. These attorneys appear in both civil and criminal matters representing the state agencies and authorities, so they have to be members of the State Bar. The Attorney General's Office, I think for a very long time, because it's a requirement of their job has actually -- in the budget, they have actually paid their dues because they have to be members to appear in court. This year, I think because of the budget problems, that item was lined out and zeroed out.
REPRESENTATIVE HAROLD V. DUTTON JR.: So how many lawyers are we talking about?
REPRESENTATIVE TRYON LEWIS: The State -- I think that there are 730 to 740 attorneys in the Attorney General's Office, for which the Attorney General's office throughout time has been -- I mean at this time are being paid -- their State Bar dues are being paid by the state.
REPRESENTATIVE HAROLD V. DUTTON JR.: So you basically limited to lawyers for state agency who are required to appear in court?
REPRESENTATIVE TRYON LEWIS: Well, it would be -- It's impossible to pick those over. What my amendment does, it's the Attorney General's Office is who it affects.
REPRESENTATIVE HAROLD V. DUTTON JR.: I have -- I'm trying to get over the difficulty of picking and choosing winners in state agencies and suggesting that the Attorney General's Office ought to be the winner here and all the other state agency employees who are lawyers ought to be losers. And I'm trying to connect that but I'm not really getting there, Judge Lewis.
REPRESENTATIVE TRYON LEWIS: But I think in addition to the fact that the Attorney General's Office attorneys who appear in court for the state, in addition to that it's the largest agency. I mean it's, like I say 730 something attorneys. They have traditionally paid those dues. No other agencies -- And it's a budget problem. No other agencies have come before me or approached me about the need for this, or they can't work it into their budget. It seems to be a particular problem, as far as the Attorney General's Office. About half of the attorneys whose dues have been paid by the state over the years are in the Attorneys General's Office. I don't know if the others are scattered throughout other agencies or not, but it's a particular problem for the Attorney General's Office because of these matters.
REPRESENTATIVE HAROLD V. DUTTON JR.: And how much -- Finally, how much money does this cost to State Bar?
REPRESENTATIVE TRYON LEWIS: It will cost the State Bar, if it's restricted; if it's restricted to the Attorney General's Office, I think it will be approximately $150,000 a year. If it's not restricted to the Attorney General's Office it would depend on how the bill is interpreted and it could be far more, it could be from $600,000 to a 1.4 million, depending on different interpretations of who is an attorney employed by the government and so forth. So this would be of assistance to the State Bar in lowering the amount of money to approximately 150 -- I think it's about $156,000, but that's approximate.
REPRESENTATIVE HAROLD V. DUTTON JR.: So the lawyers at the Attorney General's Office, they are not now required to pay the occupation tax, are they?
REPRESENTATIVE TRYON LEWIS: I'm sorry, chairman, I don't know the answer to that question.
REPRESENTATIVE HAROLD V. DUTTON JR.: Okay . But, in any event, they are not going to pay the dues. And I will tell you I that believe think they pay the occupation tax, because I think there's an exemption for government employees. And so all the other state agencies -- I'm just wondering about the wisdom of -- You know, $150,000 doesn't sound like a lot of money, particularly in mind of our budget cuts here. But it just seems to me that if the Attorney General's Office wants to do this it would make it for better, at least for me, Judge Lewis, if we made this available to all state agency lawyers. Particularly we wanted to limit those to go to court, I certainly join you in that. But to just pick the Attorney General's Office out, it does cause me a little bit of hiccups.
REPRESENTATIVE TRYON LEWIS: Thank you, chairman. I understand your concerns. I believe that the amendment is acceptable to the author.
JOE STRAUS: Representative Lewis sends up an amendment. The amendment is acceptable to author. Is there objection? Chair hears none. Amendment is adopted. Chair recognizes Representative Solomons.
REPRESENTATIVE BURT R. SOLOMONS: Thank you Mr. Speaker and members, I would like to move passage. I think this is an important bill that really helps where we need it for this budget crisis and I ask for your approval for it. Thank you.
JOE STRAUS: Anyone wishing to speak for or against House Bill 1072? The question occurs on passage to engrossment of House Bill 1072. A record vote has been requested. A record vote has been granted. Clerk will ring the bell. Showing Representative Sarah Davis of Harris voting no. Showing Representative Darby voting aye. Have all voted? Being 124 ayes and 20 nays, House Bill 1072 is passed to engrossment. Chair lays out on second reading House Bill 1215. Clerk will read the bill.
CLERK: HB1215 by McClendon. Relating to the creation of the offense of unauthorized acquisition or transfer of certain financial information.
JOE STRAUS: Chair recognizes Representative McClendon.
REPRESENTATIVE RUTH JONES MCCLENDON: Mr. Speaker, members, this bill will address the growing issue of identity theft in the State of Texas. As the ability for customer to acquire low cost imaging devices has increased, so has the incentive for criminals to steal an individual's identity for personal gain. This bill makes it a Class misdemeanor to transfer this personal information to a third party without authorization. And I move passage.
JOE STRAUS: Anyone wishing to speak for or against House Bill 1215? The question occurs on passage to engrossment of House Bill 1215. All those in favor say aye. All those opposed say nay. The ayes have it. House Bill 1215 is passed to engrossment. Chair lays out on second reading House Bill 1908. Clerk will read the bill.
CLERK: HB1908 by Madden. Relating to student loan repayment assistance for certain providers of correctional health care.
JOE STRAUS: Chair recognizes Representative Madden.
REPRESENTATIVE JERRY MADDEN: Mr. Speaker and members, House Bill 1908 faces one of the problems that we have in correctional managed health care is the ability to recruit a sufficient number of physicians, mental health physicians, nurses, mid level practice practitioners, including physicians' assistants and nurse practitioners. 1908 attempts to address the shortage of these professionals necessary to provide quality health care persons committed to TDCJ and (inaudible) facilities. I move passage.
JOE STRAUS: Anyone wishing to speak for or against House Bill 1908? The question occurs on the passage to engrossment of House Bill 1908. All those in favor say aye. All those oppose say nay. The ayes have it. House Bill 1908 is passed to engrossment. The Chair lays out on second reading House Bill 1625. The clerk will read the bill.
CLERK: HB1625 by Brown. Relating to the renewal electrical sign and apprentice licenses.
JOE STRAUS: Chair recognizes Representative Brown.
REPRESENTATIVE FRED BROWN: Thank you Mr. Speaker and members this is just an industry driven bill that will allow the electrical sign apprentice license into the occupations code requiring that the inclusion of the electrical sign apprentice license will require them to perform four continuing education hours annually, and I move passage.
JOE STRAUS: Anyone wishing to speak for or against House Bill 1625? The question occurs on the passage to engrossment of House Bill 1625. All those in favor say aye. All those oppose say nay. They ayes have it. House Bill 1625 is passed to engrossment. Chair recognizes Representative Lucio.
REPRESENTATIVE EDDIE LUCIO III: Thank you, Mr. Speaker. Members, I have standing with me Representative Kuempel who is captaining -- being the captain, I don't know how to say that as a verb, but let's say he's the captain, team captain, of the freshman football team. So, as team captain of the freshman football team, I told him to come up here and be with me as I remind you of tonight's game. For those of us who are non-freshman members, sophomores and above, our reputation is at stake, our honor is at stake and also our health is at stake. Given that, you know, it might be a dangerous game. So he's much bigger than me, we are in a different weight class. So, with that being said, we will play tonight starting at 7:00 o'clock. I ask you to get there at 6:30 so we can get taped up and take our painkillers and put on our Ben-Gay and whatever else we need. It will be at the U.T. Intermural Fields at 51st and Guadeloupe. Right afterwards we're going to have some food nearby. So please, please, join us tonight. We would love to have everyone. And if you're not going to play at least come watch.
JOE STRAUS: Chair recognizes Representative Kuempel.
REPRESENTATIVE JOHN KEUMPEL: Thank you, Mr. Speaker. Freshmen, I have pulled years past of game tape and have a complete scouting report on what's coming up. We can meet a little bit earlier. I think we're going to do a version of the Winged T, but into a spread offensively. And in the defense we'll probably just play a base cover 2, so get ready. And also see if we could do a 545defense as well. But just bracket maybe corner under, or man under the cover 3 zone, so --
JOE STRAUS: Representative Jackson moves to lay House Bill 1970 on the table subject to call. Is there objection? Chair hears none. So ordered. Chair announces the signing of the following in the presence of the House.
CLERK: SB24 by Estes. Relating to the prosecution, punishment, and certain criminal and civil consequences of offenses involving or related to the trafficking of persons and to certain protections for victims of those offenses. SB37 by Zaffirini. Relating to the duration of the interagency task force on ensuring appropriate care settings for persons with disabilities. SB351 by Deshotel. Relating to the maximum capacity of a container of wine sold to a retail dealer. SB582 by Harris. Relating to service of process on certain domestic and foreign entities for the collection of delinquent property taxes.
JOE STRAUS: The following bills on first reading and referral:
CLERK: HCR117 by Parker. Designating Roanoke as the Unique Dining Capital of Texas. Referred to the Committee on Culture, Recreation and Tourism. SCR5 by Hinojosa. Requesting the lieutenant governor and the speaker of the House of Representatives to provide for a joint interim legislative study regarding the development and potential economic impact of a cruise industry on the Texas coast between Calhoun and Cameron Counties. Referred to the Committee on Culture, Recreation and Tourism.
JOE STRAUS: Following announcements. The clerk will read the announcements.
CLERK: The Committee on Culture, Recreation and Tourism will meet upon final adjournment on April 12th, 2011, at Desk No. 16. This will be a formal meeting to consider pending business.
JOE STRAUS: Members, we have the Eminent Domain Bill on the floor of the House tomorrow. There are 33 prefiled amendments. It's the intention of the Chair that we will convene tomorrow morning at 9:00 a.m. Are there any announcements? There are no further announcements. Mr. Hughes moves that the House stands adjourned until 9:00 a.m. tomorrow in memory of Keith Dubbs* of Mineola, a husband, father, grandfather, patriot and Texas Realtor. The House stands adjourned.
